[00:00:01]
THIS SPECIAL CALLED MEETING OF THE ENVIRONMENTAL
[CALL TO ORDER]
COMMISSION TO ORDER IT IS NOVEMBER 20TH AT 1:05 PM.UH, LET'S START WITH A ROLL CALL.
UH, LINDA GUERRERO, NOT QUITE HERE YET.
CURTIS SMITH IS YOUR, UH, IS YOUR SOUND WORKING CURTIS? JUST TO MAKE SURE.
WELL, IT'S NOT JUST SO YOU KNOW.
UH, SO IF YOU WANT TO FIX THAT FOR YOU ACTUALLY HAVE TO TALK.
KATIE COIN HERE, WENDY GORDON.
UH, PAM THOMPSON HERE TAKING, MACIO NOT HERE TODAY.
PERRY BEDFORD HERE, RYAN NIL HERE.
I SEE HIM, BUT I SEE ALSO A LITTLE WARNING SYMBOL.
WHO ARE WE TALKING ABOUT FOR KEVIN RAMBERT? YEAH, THAT HE MUST BE, I HAVE A BANDWIDTH ISSUE ON HIS END OR SOMETHING.
I'M NOT, I DON'T KNOW IF WE CAN COUNT HIM KNOWING THAT HE IS HERE, BUT UH, CAN'T SPEAK RIGHT NOW.
VICE-CHAIR YOU STILL HAVE A QUORUM.
ALL RIGHT, SO WE'LL GO ON TO ITEM NUMBER ONE
[1. APPROVAL OF MINUTES AND ACTION (Part 1 of 2)]
APPROVAL OF MINUTES AND ACTION.AS EVERYONE HAD A CHANCE TO REVIEW THE MINUTES FROM OCTOBER 21ST, 2020.
DOES ANYONE HAVE A MOTION MOTION TO ACCEPT THE MINUTES? YOU HAVE A MOTION BY COMMISSIONER BEDFORD.
WE HAVE A SECOND, A SECOND AT CURTIS.
UH, ALL THOSE IN FAVOR, SAY AYE.
UH, I GUESS I SHOULD HAVE SAID ANY OPPOSED.
SO I'M JUST COMING BACK ON RADAR HERE FOR, SINCE I WASN'T PRESENT AT THE LAST MEETING.
SO WE HAVE TWO ABSTENTIONS, UH, COMMISSIONER NIL AND FISHER RAMBERT.
I'M SORRY, KAYLA AND CHRIS, DID WE HAVE ANY CITIZEN COMMUNICATION? VISALIA? WE DO HAVE A CITIZEN COMMUNICATION, BUT JUST ONE NOTE YOU CAN VOTE, EVEN IF YOU WEREN'T AT THE LAST MEETING.
AND I DON'T KNOW THAT WE GOT ENOUGH VOTES TO PASS THAT MOTION WITH THE TWO ABSTENTIONS.
DOES ANYONE WANT TO DO WE REEVALUATE? DO WE HAVE ANOTHER MOTION THAT CAN GO UP? YOU CAN CALL A RE VOTE ON THE MOTION.
MAYBE WE'LL WAIT TILL LINDA'S HERE AND WE'LL REBOOT ON MINUTES, UH, IN CASE Y'ALL UH, YEAH.
ALL RIGHT, WE'LL JUST DO THAT THEN.
UH, WE'LL MOVE ON TO THE FIRST
[2. ITEMS FOR CONSIDERATION AND POSSIBLE ACTION]
ITEM TO A, UH, ITEMS FOR CONSIDERATION AND POSSIBLE ACTION.UH, SO THIS ITEM IS TO MAKE A RECOMMENDATION REGARDING THE CREATION, CONTINUATION OR TERMINATION AND STATUS OF LADY BIRD LAKE CONCESSIONS CONTAINED IN THE 2020 ANNUAL REPORT OF CITY OF AUSTIN PARKS AND RECREATION DEPARTMENT MANAGEMENT CONCESSIONS ON TOWN LAKE.
UM, I MAY HAVE HEARD WE DO HAVE CITIZEN COMMUNICATION, SO WE WOULD TYPICALLY TAKE THAT UP, UH, CITIZEN FIRST.
WE'LL GO TO CITIZEN COMMUNICATION, MR. FIBER, IF YOU'RE ON THE PHONE, YOU MAY UNMUTE AND YOU HAVE THREE MINUTES.
I'M UH, DAVID PIPER, I'M THE PRESIDENT OF THE ZILKER NEIGHBORHOOD ASSOCIATION.
UM, I JUST WANTED TO TALK A MINUTE ABOUT, UH, USING THE WATERFRONT OVERLAY TO DODGE, THE 10 ACRE MINIMUM REQUIREMENT FOR A FID.
UM, I DON'T WANT TO RE-LITIGATE THE SCHLOTZSKY'S PUD AND I WISH I HAD DONE A BETTER JOB OF BRINGING THIS OUT WHEN I TALKED TO YOU ALL DURING THAT TIME, BUT WHAT WE'RE SEEING AND THESE PUDS, SMALL PODS ONLY, YOU KNOW, THEY HAVE TO
[00:05:01]
BY REQUIREMENTS HAS TO BE 10 ACRES.AND IN ORDER TO GET UNDER THAT, UM, YOU NEED A SPECIAL CIRCUMSTANCE SUCH AS TOPOGRAPHIC CONSTRAINT.
THAT'S THE LANGUAGE IN THE ORDINANCE.
SO THE SPECIAL CIRCUMSTANCE FOR THE SOUTHEAST PINE WATER I'M AFRAID IS GOING FORWARD IS REALLY WHERE I WANT TO THINK ABOUT IS, UH, THE, UH, SPECIAL CIRCUMSTANCE WAS ACTUALLY THE WATERFRONT OVERLAY ITSELF.
SO IT'S A CIRCULAR LOGIC USING THE WATERFRONT OVERLAY AS A SPECIAL CIRCUMSTANCE TO AVOID THE PROTECTIONS OF THE WATERFRONT OVERLAY.
SO I ASSUME THERE WOULD BE MORE SMALL PUDS, LESS THAN 10 ACRES.
THESE ARE USUALLY AROUND ONE ACRE, UH, COMING DOWN THE PIE IN BUTLER CHORES AND PROBABLY ELSEWHERE IN THE WATERFRONT OVERLAY.
SO I JUST WANTED YOU THINK ABOUT THAT, UH, BEFORE THE NEXT ONE COMES UP, UM, YOU KNOW, YOU GET MAKING THESE SMALL PUDS, THE CITY AND WHICH INCLUDES THE ENVIRONMENTAL COMMISSION IS, YOU KNOW, SEEDING YOUR AUTHORITY AND ABILITY TO DO ANY KIND OF COMPREHENSIVE PLANNING.
THERE'S A, A NEW POD COMING UP FOR BRODY OAK SHOPPING CENTERS, 31 ACRES.
AND I DON'T KNOW THE DETAILS OF IT.
I HADN'T SEEN IT AT ALL, SO I'M NOT READY TO SPEAK ON THE MERITS OF IT, BUT AT LEAST IT'S A LEGITIMATE PUD, 31 ACRES.
THAT'S WHAT PODS WERE MADE FOR SAME WITH THE AUSTIN STATESMAN PROPERTY.
SO I URGE YOU TO PUT A STOP TO THESE LITTLE MINI PODS THAT JUST COME IN, YOU KNOW, ONE AT A TIME WITHOUT ANY KIND OF COMPREHENSIVE PLAN FOR TRAFFIC FOR ALL THE STUFF THAT GOES INTO LAND USE AND, UH, NOT TO USE THE WATERFRONT OVERLAY AS THE SPECIAL CIRCUMSTANCE TO DODGE, THE 10 ACRE MINIMUM REQUIREMENT.
SO I'M, I'M SURE THERE'LL BE MORE OF THESE.
YOU MAY PROCEED WITH TWO A AS YOU WORKED BEFORE.
YEAH, IT IS NOT YOUR FAULT AT ALL.
ALRIGHT, SO PROCEEDING WITH, TO A, UH, RECOMMENDATION REGARDING THE CREATION CONTINUATION OR TERMINATION AND STATUS OF
ONE THING, KATIE, DO YOU HAVE ME ON THIS LIST? UH, MARIANNE YOU'RE HERE.
SO WE WILL MARK YOU DOWN AS BEING HERE.
I WASN'T ABLE TO GET IT, BUT HERE I AM.
I WAS TOLD I HAVE A PRESENTATION, BUT I WAS TOLD THAT, UM, YOU JUST WOULD RATHER JUST ASK QUESTIONS ABOUT IT.
UM, HOWEVER YOU WANT TO DO IT.
I CAN GIVE THE PRESENTATION OR YOU GUYS CAN JUST ASK US QUESTIONS.
THIS IS KAYLA CHAMPION WATERSHED PROTECTION.
AS WE DISCUSSED WITH THE CHAIR, THE CHAIR REQUESTED THAT THE PRESENTATION BE SUBMITTED BACK UP SO THAT WE CAN MAKE SURE WE HAVE TIME TO GET THROUGH ALL OF THE ITEMS ON THE AGENDA TODAY.
AND WHAT ARE THE COMMISSIONERS TO ASK ANY QUESTIONS THEY HAVE? THAT SOUNDS GOOD.
SO WE'LL GO AROUND, UM, AND, AND SEE IF FOLKS HAVE QUESTIONS.
SO HOPEFULLY YOU HAD A CHANCE TO REVIEW IT.
UH, WE'LL START WITH COMMISSIONER GORDON.
I CURRENTLY DON'T HAVE ANY QUESTIONS.
UH, COMMISSIONER THOMPSON, TWO QUESTIONS, MR. NEIL.
I DON'T HAVE ANY QUESTIONS AT THIS TIME, MR. BEDFORD.
UH, CURRENTLY, NO QUESTIONS, MR. RANDBURG.
UM, YEAH, I DID HAVE, UM, ONE QUESTION AND I WAS KIND OF REVIEWING THE, THE PRESENTATION AND THEN THE PRESENTATION THAT WE GOT LAST YEAR.
AND, UM, I HAD A QUESTION OF HOW, UM, IF, IF A PARK STAFF HAD BEEN ABLE TO ESTIMATE HOW MANY PEOPLE ARE OUT ON TOWN LAKE, UM, DURING SOME OF THESE PEAK PERIODS, UH, I KNOW DURING COVID IT'S I FROM JUST ANECDOTAL INFORMATION, IT LOOKS LIKE ME DRIVING BY, IT LOOKS LIKE MORE AND MORE PEOPLE ARE OUT THERE AND MAYBE NOT NECESSARILY ON RENTED,
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UM, PADDLEBOARDS OR CANOES OR ANYTHING LIKE THAT.BUT I KNOW ONE OF THE, SOME OF THE DISCUSSION WE HAD LAST TIME, UM, WHEN WE SPOKE LAST NOVEMBER WAS AN ESTIMATION OF THAT.
AND THEN KIND OF AUSTIN FIRE DEPARTMENT'S, UM, ABILITY TO RESPOND, OR IF THERE HAVE BEEN ANY NEED FOR RESPONSES.
JUST IF YOU GUYS WOULDN'T MIND KIND OF MAYBE GIVING US AN UPDATE ON, ON HOW YOU'RE SEEING ANY TRENDING USE, UM, BY PEOPLE THAT MAYBE WE AREN'T USING RENTED, UH, EQUIPMENT.
THAT'S ALL THE QUESTION I GOT.
UM, DO YOU WANT ME TO ANSWER THAT NOW? UM, SURE.
AND ALSO I SHOULD MENTION, UM, I'M ALSO HERE WITH PAT ROSETTA WHO'S, UM, UH, CONTRACTS, UNIT SUPERVISOR.
UM, SO, BUT I'LL, I'LL START AND THEN PAT CAN, UM, JUMP IN AND IF I'M MISSING ANYTHING, BUT YOU WERE ASKING ABOUT LAKE CAPACITY AND, UM, THIS YEAR, I MEAN, I CAPTURED THAT ON SLIDE 17 OF THIS PRESENTATION, OR AT LEAST ADDRESSED IT A LITTLE BIT, BUT, UM, YOU'RE RIGHT.
WE NORMALLY HAVE BEEN THE LAST COUPLE OF YEARS HAVE BEEN, UM, TRACKING USAGE DURING PEAK TIMES THIS YEAR.
UM, THEY WERE, THE CONCESSIONS WERE CLOSED DURING SPRING BREAK.
THEY WERE ALSO CLOSED DURING 4TH OF JULY.
UM, AND SO WE DIDN'T REALLY TRACK PEAK PERIODS.
IT TURNS OUT THAT THIS YEAR, JUST ANECDOTALLY, THE PEAK PERIODS WERE REALLY NOT THE PERIODS THAT THEY'VE NORMALLY BEEN THE PEAK PERIODS THIS YEAR.
WE'RE, UM, THERE'S ONE OF THE SLIDES THAT SHOWS THE MONTHS THAT HAD THE PEAK USAGE.
SO YOU CAN LOOK AT NUMBER SIX, THE PEAK USAGE WAS IN MAY AND JUNE.
AND THAT WAS RIGHT AFTER THE, UH, YOU KNOW, THE, THE CITY WAS CLOSED THERE DURING APRIL.
AND THEN AS SOON AS IT OPENED, THAT'S WHEN YOU SAW ALL THE USAGE, UM, AND YOU KNOW, FOR OUR CONCESSIONS, THEY HAD A LARGE AMOUNT OF SALES DURING THAT TIME.
AND THEN, YEAH, LIKE YOU SAID, THERE'S A LOT OF PRIVATE LEE OWNED PADDLEBOARDS ON THE LAKE.
SO WE REALLY DON'T HAVE ANY NUMBERS ABOUT ALL THAT.
UM, ALL THE PEOPLE THAT WENT OUT AND BOUGHT PADDLEBOARDS OR KAYAKS OR WHATEVER, WE JUST HAVE ANECDOTAL INFORMATION.
WE KNOW THERE'S SEVERAL PRIVATE COMPANIES THAT, THAT OPERATE OFF OF THE LAKE THAT AREN'T GOVERNED BY PART.
WE ALSO KNOW THAT THERE WERE A NUMBER OF PEOPLE JUST SORT OF ROGUE DOING THEIR OWN, UM, RENTING OUT OF A TRUCK, UM, WITHOUT ANY PERMIT OR ANYTHING LIKE THAT.
UM, BUT THAT'S ALL ANECDOTALLY, I DON'T HAVE ANY STATISTICS ON ALL OF THAT.
I THINK, I THINK MAYBE A FOLLOWUP WOULD BE, YOU KNOW, THAT MAYBE WE, WE RECOMMEND TRY TO GET SOME KIND OF, OF, UH, OF SNAPSHOT OF THAT.
UM, CAUSE I THINK THE, THAT, THAT THERE'S, THAT KIND OF CARRYING CAPACITY OF THE LAKE IS, IS GONNA BE PART OF THE CONVERSATION AS WE MOVE FORWARD.
AND THERE'S MORE AND MORE, UH, KIND OF PRIVATE USE, MAYBE YOUR, THIS ROGUE ROGUE USE THAT WE'RE SEEING.
UH, WE DO USUALLY KEEP A TRACK OF THE PEAK USAGE, BUT BECAUSE OF THE UNUSUAL ILLNESS OF THIS YEAR WITH THE COVID-19 THAT'S WHEN THESE CONCESSIONS WERE CLOSED AND WHEN THEY WERE OPENED AGAIN, JULY AND AUGUST WERE PEAK TIMES FOR THEM BECAUSE YOU CAN SEE THEIR REVENUE INCREASED.
BUT WHAT YOU'RE ASKING IS JUST TO, UM, JUST TO CLARIFY, IS TRYING TO GET NUMBERS FROM PRIVATE COMPANIES AS WELL.
IS THAT WHAT YOU'RE ASKING US TO DO? UM, OR, SORRY.
UH, I, I THINK IT'S MORE, UH, TO TRY TO GET A FULL ESTIMATE OF HOW MANY PEOPLE ARE OUT THERE, UM, IN SOME OF THESE PEAK TIMES, AND THEN WE WOULD PRESUMABLY HAVE THE DATA THAT SAYS, WELL, WE THINK THIS NUMBER IS FROM CONCESSIONERS AND THEN, YOU KNOW, A PLUS B EQUALS C ANOTHER 50% OR SO ARE PRESUMABLY, UM, EITHER HAVE A WATERCRAFT OR ARE, YOU KNOW, RENTING IT FROM OUTSIDE OR SOMETHING LIKE THAT.
BUT I THINK THAT WILL TELL A FULLER PICTURE OF, OF HOW MANY PEOPLE ARE OUT THERE.
UM, AND THEN, UH, MAYBE RECOMMEND THAT KIND OF FOR THIS NEXT COMING YEAR.
SO A COMPLETE COUNT AND THEN PULLED OUT ARE WHAT WE KNOW OF THE CONCESSIONAIRES, AND THEN WE CAN ATTRIBUTE THE OTHER NUMBERS TO EITHER PRIVATE WATERCRAFT OR OTHER COMPANIES OPERATING ON THIS, WHAT YOU'RE ASKING.
THANK YOU, COMMISSIONER HAMBURG.
I'M MOVING ON TO COMMISSIONER.
I DON'T HAVE ANY OTHER QUESTIONS.
[00:15:01]
SURE.UM, I DON'T BELIEVE I'VE BEEN TO COMMISSIONER SMITH'S YET.
UM, COMMISSIONER THOMPSON, YOU HAVE A QUESTION NOW.
DID I REACH EVERYONE ELSE? DID I ASK EVERYONE ELSE? I'M SORRY.
I ALSO HAVE A COUPLE OF QUESTIONS.
WE'LL GO TO COMMISSIONER THOMPSON FIRST, THEN WE'LL COME TO YOU FOR SURE.
I JUST WONDERED IF THE CITY HAD MADE AN EFFORT TO, UM, PUT SIGNS ARE SUGGESTS THAT PEOPLE HAVE RIGHT DISTANCE BETWEEN THEMSELVES ON CITY CONCESSIONS AND SO FORTH AND LIKE INFORMATION AT THE BEGINNING OF THE, YOU KNOW, LIKE WHEN YOU ENTER THE PARK AND THINGS LIKE THAT, I JUST FEEL CONCERNED ABOUT THAT AND, AND THAT PEOPLE SHOULD WEAR A MASK AND THINGS LIKE THAT.
SO, AND THE OTHER THING I WAS LOOKING AT IS THE, UM, THE CONCESSION EXTENSIONS, I GUESS WE HAVE SOME OF THOSE COMING UP AT SOME POINT.
CAN YOU HEAR ME? CAN YOU HEAR ME? YES.
THE VICE CHAIR, THAT IS THE CHAIR ON THE PHONE.
WE FINALLY WERE ABLE TO ADD HER TO THE MEETING.
I HAVE A FEW QUESTIONS TO ASK.
AND ALSO, I JUST WANTED TO GO TO COMMISSIONER GORDON NEXT AND THEN GO TO YOU IF POSSIBLE.
I WAS TRYING TO GET ORIENTED ON SOME OF THE REVENUE SLIDES.
SO JUST OUT OF ANY CURIOSITY, WHEN WE LOOK AT THE
UM, I'M I'M NOT, WHAT COULD YOU EXPLAIN WHAT YOU MEAN BY PROJECTIONS? WE DON'T REALLY, WE DON'T REALLY HAVE PROJECTION.
WELL, I WAS JUST, YEAH, LET ME SEE.
CAUSE YOU KNOW, IT JUST SAYS FYI 20 INCOME EXPENDITURES AND PAYMENTS FROM THE DIFFERENT CONCESSIONAIRES.
AND I DIDN'T KNOW IF, YOU KNOW, THERE WERE SOME PROJECTIONS ARE, UM, AND YOU KNOW, IF NOT, I GUESS I WAS LOOKING AT THE NEXT SLIDE, WHICH SHOWED FROM SHOW OVERALL.
IT SAID ALL CONCESSIONS DOWN 16%.
AND, AND I, AND I'M TRYING TO GET MY DENOMINATOR HERE CAUSE IT SAYS MONTHLY REVENUES, FYI 19 VERSUS FYI 20.
AND IT SAYS ALL CONCESSIONS DOWN 16%.
SO IS THAT OVERALL FOR THE YEAR? YEAH, I CAN EXPLAIN THAT.
SO, UM, WE DON'T NECESSARILY HAVE PROJECTIONS, LIKE WHAT WE'RE EXPECTING, UH, BECAUSE FROM YEAR TO YEAR THERE COULD BE FLOODING.
THERE COULD BE DIFFERENT THINGS THAT HAPPEN, UH, WEATHER EVENTS THAT AFFECT, UM, YOU KNOW, THE BUSINESS AND, AND HOW MANY CUSTOMERS THEY HAVE AND WHAT THEIR REVENUE IS.
SO IN NUMBER SIX, UM, WELL THAT WAS JUST A COMPARISON OF THIS YEAR TO LAST YEAR.
SO, UM, YOU CAN SEE IN THE SLIDE ON THE LEFT WHERE YOU, YOU POINTED OUT IT WAS 16% DOWN THAT, SO I JUST TOTALED UP ALL THE REVENUE FROM ALL THE CONCESSIONS FROM
SO, UM, THAT SLIDE THERE, NUMBER SIX, YOU SEE THAT LONESTAR RIVERBOATS IS DOWN THIS YEAR COMPARED TO LAST YEAR.
AND THAT WAS BASICALLY BECAUSE THEY HAVE CAPACITY LIMITS ON THEIR, UM, ON LIKE THEY WERE CLOSED FOR SEVERAL MONTHS AND NOW THAT THEY'RE OPEN, THEY STILL HAVE CAPACITY LIMITS AND THEY REALLY DON'T HAVE THE REVENUE THAT THEY WOULD HAVE, UH, PRE COVID.
UM, AND THE SLIDE WITH EPICS UP, UM, THAT'S IN THERE BECAUSE THE PADDLING CONCESSIONS, UH, HAVE HAD A LOT OF REVENUE AND A LOT OF BUSINESS THIS YEAR BECAUSE OF COVID OR, UM, BECAUSE AS SOON AS THE, UM, THE SANCTIONS OR THE, UM, RESTRICTIONS WERE LIFTED, THERE, THERE WERE A LOT OF PEOPLE ON THE WATER THIS SUMMER IS PROBABLY NUMBER OF YOU HAVE NOTICED.
SO, SO I JUST MADE COMPARISONS.
SO SLIDE FIVE IS JUST NUMBERS BASED ON THIS YEAR, SLIDE SIX IS
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BASED COMPARED TO LAST YEAR AND THEN SLIDE SEVEN AS A COMPARISON TO A FIVE-YEAR AVERAGE TAKEN THE AVERAGE AMOUNTS BETWEEN FYI 14 AND FYI 19.AND THEN ON THAT LAST SIDE, A SLIDE, SORRY.
YEAH, I WAS JUST, AGAIN, I MEAN, I, YEAH, I SEE WHAT THE COMPARISON IS.
I WAS JUST TRYING TO WRAP MY HEAD AROUND ESSENTIALLY WHAT LESSONS COULD BE GREEN FROM THAT.
AND I MEAN, HONESTLY, JUST AS A READER AND I'M NOT EXACTLY SURE WHAT LESSONS LIKE GLEAN FROM THAT, BECAUSE OF COURSE WE'RE PUMPING SO MUCH DATA INTO ONE BAR AND THEN WE JUST HAVE THE OTHER BAR.
SO I, YOU KNOW, I, I GUESS ASIDE FROM THE WAY THE SLIDES WERE PUT AND SO FORTH, I DON'T KNOW IF THERE WERE ANY OTHER TAKE HOMES HERE.
I MEAN, OBVIOUSLY, YOU KNOW, CAMP HAS BEEN A BIG ISSUE AND I DON'T KNOW, LIKE, WELL FRIENDS SAY PRE COVID, OF COURSE WE'VE MAYBE LIKE HALFWAY THROUGH THE FISCAL YEAR PRE COVID THOUGH.
I JUST DON'T KNOW IF THERE WERE ANY LESSONS TO BE DRAWN FROM MAYBE LIKE THE FIRST SIX MONTHS OF DATA THAT OTHERWISE GET SWAMPED HERE.
AND I SUPPOSE I COULD GO BACK TO THAT, YOUR OVERALL REVENUES.
I WAS JUST CURIOUS, YOU KNOW, WHAT THIS SAYS? I MEAN, IT LOOKS LIKE WE WERE TRACKING AHEAD, RIGHT? IF I GO BACK TO SLIDE FIVE, SO OCTOBER, NOVEMBER, DECEMBER, JANUARY, FEBRUARY, WE REVENUES WERE UP AND THEY WERE UP, YOU KNOW, I DON'T KNOW WHAT THAT PERCENTAGE IS, BUT IT LOOKS LIKE THEY WERE ACTUALLY PRETTY NICELY BEFORE THE COVID HIT.
SO, YEAH, AND I WA YOU KNOW, WHEN I GIVE THE PRESENTATION, I GAVE THE PRESENTATION THIS MORNING TO THE CONTRACTS AND CONCESSIONS COMMITTEE OF THE PARKS BOARD.
SO I DID GIVE A LOT OF, UH, BACKGROUND INFORMATION AND, YOU KNOW, WHILE I WAS SHOWING THESE SLIDES, SO THAT WILL BE IN THE WRITTEN REPORT.
THE MORE INFORMATION WILL BE IN THE WRITTEN REPORT THAT EXPLAINED SOME OF THESE SLIDES IN THE GRAPHS.
SO, UM, I, AS FOR TAKEAWAYS THAT WE HAD FROM THIS YEAR, UH I'M, I'M NOT REALLY SURE WHAT TAKEAWAYS WE CAN GET FROM THIS.
THIS IS, THIS IS REALLY UNUSUAL, BUT, UM, TO GO BACK TO A PREVIOUS QUESTION, UM, I, THERE WAS A QUESTION ABOUT WHERE THE CONCESSIONS, UM, FOLLOWING MASKING, UM, AND HYGIENE, AND YES, THEY WERE ALL, WE, WE ASKED ALL THE CONCESSIONS, WE REQUIRED THEM TO FOLLOW ALL THE MASKING AND HYGIENE REGULATIONS AND THE SOCIAL DISTANCING AND THEY'VE THEY'VE AND THE HAND SANITIZER AND EVERYTHING.
UM, SO I, I'M JUST HOPING WE DON'T HAVE TO GO THROUGH THIS AGAIN.
AND AGAIN, ON THE SOCIAL DISTANCING MASS, WHEN WE ASKED OUR PARK RANGERS TO DO, SINCE WE'RE WORKING FROM HOME, WE ASKED THEM TO GO BY THE CONCESSIONAIRES TO ENSURE THAT THEY WERE INDEED FOLLOWING WHAT THE RULES WERE.
AND SOME OF OUR CONDITIONER WENT AS FAR AS TO GIVE MASKS TO CUSTOMERS WHO DIDN'T HAVE THEM.
SO NOT JUST THE STAFF, BUT CUSTOMERS WERE ALSO REQUIRED TO FOLLOW ALL OF THE SOCIAL DISTANCING RULES.
AND I WANT TO MAKE SURE WE, WE TRY TO MOVE ALONG ON OUR AGENDA AND I WANT TO GO TO MADAM CHAIR WHO HAS A FEW QUESTIONS FOR YOU ALL BEFORE WE MOVE ON MONETARY THERE STILL.
UH, UNFORTUNATELY I DIDN'T SEE THE SLIDES, BUT I DO HAVE A FEW QUESTIONS I'M ON MY PHONE.
AND ONE OF THEM IS WHEN WE ARE GIVING, GETTING READY TO DO AN AGREEMENT WITH THE VOTING CONCESSIONS, IS THERE A WAY THAT WE'RE INCORPORATING, UH, INFORMATION ABOUT, UM, THE ECOLOGICAL, FRESH WATER AND WATER POLLUTION AND HOW TO PREVENT DAMAGING THE RIGHT PAIR IN AREAS? AND, UH, ARE THEY AWARE OF ANY KIND OF RESTORATION PLANS ON THE LAKE? I WILL.
IN FACT, WE WERE GOING TO GO OUT FOR ANOTHER SOLICITATION FOR THE SILK OR BOAT RENTALS.
AND AS PART OF THAT, WE HAVE JOINED FORCES WITH THE, UH, WITH WATERSHED DEPARTMENT.
AND WE'RE NOT ONLY ASKING THEM TO BE AWARE OF THAT AND TO BE EDUCATED, BUT TO EDUCATE THEIR, THEIR CONSUMERS AS WELL.
IN OTHER WORDS, WE'RE GOING TO ASK THEM TO HAVE A LINK AVAILABLE SO THAT PEOPLE WILL HAVE TO READ THIS AND UNDERSTAND WHAT, WHAT THE REQUIREMENTS ARE, HOW WE'RE GOING TO PRESERVE, PRESERVE THE AREA AROUND THERE, AS WELL AS THE WILDLIFE.
SO THAT'S GOING TO BE SOMETHING THAT WE'RE INCORPORATING INTO THIS NEW SOLICITATION,
[00:25:02]
AND WE'LL BE GLAD TO SHARE THAT WITH YOU.I COULD SHARE THAT LANGUAGE WITH YOU AND SEND IT TO KAYLA, AND SHE CAN SHARE THAT WITH YOU AS WELL.
AND MAYBE WE CAN GET SOME DATA GOING TOO, AS THIS MOVES FORWARD.
DID SOMEONE SAY SOMETHING? HELLO? I'M SORRY.
SO ANYWAYS, IF WE CAN GET SOME DATA TO, THAT WOULD BE GREAT UNTIL WE CAN HAVE LIKE A, UM, YOU KNOW, A BASELINE AS THIS CONTINUES.
WAS THERE A SLIDE THAT SHOWED THAT THERE'S GOING TO BE INCREASED? UM, UH, MASTER PLAN WITH ZILKER PARTS ARE GOING TO INCREASE CONCESSIONS ALONG THE LAKE.
I HEARD THAT OR NOT THAT THAT PROCESS HAS NOT EAT.
THAT VISION PLAN HAS NOT EVEN BEGUN.
AND I HAVEN'T HEARD THAT THERE'S AN INCREASE IN CONCESSION.
IT JUST IT'LL BE PART, YOU KNOW, THERE'S GOING TO HAVE TO BE A PUBLIC PROCESS AND WHATEVER COMES TO THOSE RECOMMENDATIONS AND, YOU KNOW, IT'LL HAVE TO GO TO CITY COUNCIL AS WELL, BUT I'M, I'M UNDER THE IMPRESSION THAT THAT PROCESS HAS NOT EVEN BEGUN AT THIS POINT.
WELL, Y'ALL KEEP US IN THE LOOP AS IT COMES CLOSER.
THE VISION PLAN FOR ZILKER PARK FINN.
UM, DO YOU WANT ME TO KEEP MOVING ON THIS MEETING? YES, PLEASE.
WELL, ANY OTHER QUESTIONS ON THIS? DO WE HAVE A MOTION? UM, I DO, UH, MADAM VICE CHAIR.
UM, ON THE SUBJECT OF THE 2020 ANNUAL REPORT OF THE CITY OF AUSTIN PARKS AND REC DEPARTMENT MANAGED CONCESSIONS ON TOWN LAKE OR LADYBIRD LAKE, UM, WHEREAS THE ENVIRONMENTAL COMMISSION HAS RECEIVED A STAFF BRIEFING, THE 2020 ANNUAL REPORT, AND THEREFORE ENVIRONMENTAL COMMISSION RECOMMENDS CONTINUATION OF THE CONCESSION CONTRACTS ON LADYBIRD LAKE PARK WITH THE FOLLOWING ENVIRONMENTAL COMMISSION CONDITIONS.
AND THERE'S FIVE, UH, NUMBER ONE, CONSISTENT WITH THE ENVIRONMENTAL COMMITTEE CONDITIONS.
PREVIOUS RECOMMENDATIONS IN THE NEXT ANNUAL REPORT.
ART STAFF WILL VERIFY THAT THREE YEARS OF RECORDS FOR MARINE WASTE DISPOSAL HAVE BEEN MAINTAINED FOR ANY ENTITY THAT PUMPS WATER, FIRESIDE PUMPS WASTE ON LADY BIRD LAKE, AND THAT THESE MONTHLY RECORDS ARE INCLUDED IN THE PUBLIC RECORD.
NUMBER TWO PARTS STAFF SHOULD REVIEW THE NUMBER OF PUBLIC AND PRIVATE BOATS THAT ARE TYPICALLY ON LADY BIRD LAKE.
AND IF THERE IS A CARRYING CAPACITY ISSUE THAT SHOULD BE CONSIDERED INCLUDING CONSULTATION WITH CITY OF AUSTIN RESCUE TEAMS, NUMBER THREE, CONTINUE TO PROVIDE WAYS TO PUMP OUT DATA ON THE NEXT ANNUAL REPORT.
NUMBER FOUR, CONSIDER THE PHYSICAL, SOCIAL AND ENVIRONMENTAL INTEGRITY OF LADY BIRD LAKE TO CONTINUE PAINTING UPCOMING SITUATIONS AND NUMBER FIVE, CONTINUE TO PROVIDE AN UPDATE ON ANY NEW CONCESSIONS, INCLUDING, UH, SEAHOLM POWER PLANT AND, UH, THE ZILKER PLAN THAT, UH, MADAM CHAIR JUST NOTED.
CAN I, CAN I, WE HAD A SECOND FROM, UH, MADAM CHAIR.
CAN I ASK FOR A FRIENDLY AMENDMENT? I BELIEVE YOU CAN AMEND IT.
AND THEN IF IT'S UNANIMOUS, IT GETS THROWN ON THERE.
SO JUST, I'M JUST WONDERING IF ON THE SECOND POINT FOR THE CONDITIONS THAT CARRYING CAPACITY BE CONSIDERED, UM, AND INCLUDE CONSULTATION WITH, UH, CITY OF AUSTIN RESCUE TEAMS. I'D LIKE TO INCLUDE CONSULTATION WITH RESCUE TEAMS AND ALSO WATERSHED PROTECTION, SO THAT WE CAN THINK ABOUT SAFETY CARRYING CAPACITY, BUT ALSO ECOLOGICAL CARRYING CAPACITY.
DOES THAT MAKE SENSE TO OTHER FOLKS? YES.
ANYONE, ANYONE OPPOSED TO THAT ADDITION? IT HAS TO BE UNANIMOUS.
NONE OF IT'S A CONDITION, NOT A SECOND.
SO WE HAVE A FIRST AND A SECOND TO FRIENDLY AMENDMENT, UM, AND WE WILL GO THROUGH ROLL CALL.
[00:30:03]
YES.THANK YOU SO MUCH FOR COMING TO CHAT WITH US ABOUT THIS.
AND WE LOOK FORWARD TO LOOKING AT THE FULL REPORT.
[1. APPROVAL OF MINUTES AND ACTION (Part 2 of 2)]
UH, JUST, YOU KNOW, MADAM CHAIR, WE NEED TO LOOP BACK AROUND TO APPROVAL OF MINUTES AND ACTION.WE HAD A COUPLE OF ABSTENTIONS, UH, SO THAT MOTION DIDN'T CARRY.
UH, SO LET'S GO BACK TO ONE 80 JUST REALLY QUICKLY.
UM, CAN I GET A MOTION TO APPROVE THE OCTOBER 21ST ENVIRONMENTAL COMMISSION MEETING MINUTES, MOTION TO APPROVE.
SECOND BY RAMBERT STARTED BY RANDBURG.
UM, ALL THOSE IN FAVOR, ANY OPPOSED? GOD BLESS.
ANY ABSTENTIONS? WE HAVE AN OBSESSION BY COMMISSIONER NOW.
I THINK THAT YOU, UH, ARE, UN-MUTED SEEING YA.
MOVING ON TO THREE, A PUBLIC HEARINGS
[3a. Name: Concordia University Campus Residence Hall, SP-2020-0038C]
AND POSSIBLE ACTION.UM, I BELIEVE COMMISSIONER RAMBERT.
YOU'RE ABSTAINING FROM THIS ONE.
I'M GOING TO RECUSE FOR THIS ITEM.
SO, UH, RECUSED FROM THIS ONE.
UM, SO ITEM THREE, A CONCORDIA UNIVERSITY CAMPUS RESIDENCE HALL.
UH, DO WE HAVE A PRESENTATION FROM THE APPLICANT OR FROM STAFF TODAY? CHRIS? YEAH.
DSD STAFF, CHRISTIE WYNN, WHO WILL BE, UH, INTRODUCING THIS ITEM.
HI, GOOD AFTERNOON, ADAM CHAIR AND COMMISSIONERS.
THIS IS CHRISTIE WHEN ENVIRONMENTAL REVIEW SPECIALIST SENIOR WITH DEVELOPMENT SERVICES DEPARTMENT, THE CONCORDIA UNIVERSITY CAMPUS RESIDENCE HALL PROJECT CASE NUMBER AS EIGHT 20 ZERO ZERO THREE EIGHT C IS LOCATED ON THE CONCORDIA UNIVERSITY CAMPUS AT ONE ONE FOUR ZERO ZERO CONCORDIA UNIVERSITY DRIVE AND THE WATER SUPPLIES, BOURBON WATERSHED CLASSIFICATION.
THIS PROJECT IS NOT SUBJECT TO CURRENT CODE AND IS SUBJECT TO THE, EXCUSE ME, SCHLUMBERGER PLAN DEVELOPMENT AREA ORDINANCE NUMBER TWO ZERO ZERO SEVEN ZERO TWO ONE FIVE DASH ZERO FOUR TWO.
AND THE LAKE AUSTIN WATERSHED ORDINANCE NUMBER EIGHT FOUR ZERO THREE ZERO ONE DASH F.
I LIKE TO CLARIFY THAT, ALTHOUGH THIS PROJECT IS SUBJECT TO THE AFOREMENTIONED ASSIST FOR THE PURPOSES OF THE REQUESTED VARIANCES, IT IS THE SAME AS CURRENT CODE AND THAT THE ORDINANCES DO NOT CHANGE THE GRADING REGULATIONS, WHICH REQUIRE A VARIANCE TO EXCEED THE FOREFOOT GRADING LIMITS WITHIN THE WATER SUPPLY, SUBURBAN WATERSHED CLASSIFICATION.
CONTINUING THE PROJECT SEEKS A VARIANCE TO THE LAKE AUSTIN WATERSHED ORDINANCE, SECTION NINE DASH 10 DASH FOUR OH NINE EIGHT FOUR A FILL EXCEEDING FOUR FEET WITH A MAXIMUM FILL OF 8.75 FOOT FEET AND SECTION NINE DASH 10 DASH FOUR OH NINE B FOR A CUT EXCEEDING FOUR FEET WITH A MAXIMUM CUT OF 8.75 FEET TO CONSTRUCT A RESIDENCE HALL AND ASSOCIATED PARKING AND IMPROVEMENTS.
STAFF HAS DETERMINED THAT THE FINDINGS EFFECT IN SECTION NINE DASH 10 DASH THREE SEVEN SEVEN OF THE LAKE AUSTIN WATERSHED ORDINANCE HAVE BEEN THAT TO ALLOW FOR A CUT OR FILL EXCEEDING FOUR FEET, NOT GRANTING THE VARIANCE WITH THE PRIVATE SUCH PROPERTY OWNER OF PRIVILEGES ENJOYED BY OTHER, BY OTHER SIMILARLY SITUATED PROPERTY AND TIME DEVELOPMENT.
AS THE VARIANCE TO THE SAME CODE SECTIONS WERE GRANTED IN 2007 AND 2013, WORKING KOREA TO CONSTRUCT ATHLETIC FIELDS, PARKING LOTS AND ASSOCIATED IMPROVEMENTS.
THE VARIANCE IS THE MINIMUM DEPARTURE FROM THE ORDINANCE AND WHICH WILL NOT CREATE SIGNIFICANT PROBABILITIES OF HARMFUL ENVIRONMENTAL CONSEQUENCES BY UTILIZING RETAINING WALLS, TREE WELLS, TERRACING TECHNIQUES, AND MAINTAINING THE NATURAL DRAINAGE PATTERNS.
AND THE VARIANCE IS NOT NECESSITATED BY THE SUBDIVISION OF THE PROPERTY.
STAFF RECOMMENDS THIS VARIANCE WITH THE FOLLOWING CONDITIONS, THE BOYD AND FLOW MITIGATION RULE PROVISION SHALL APPLY THAT ALL TRENCHING GREATER THAN FIVE FEET MUST BE INSPECTED BY A TEXAS PROFESSIONAL GEO-SCIENTISTS OR THEIR REPRESENTATIVE PRESERVED 10 TOP INCHES OF TOP SOIL TO BE USED ONSITE AND INCREASED PRE MITIGATION AND LANDSCAPING FOR AREAS OF BILL TO STABILIZE EROSION, ANY QUESTIONS OR COMMENTS FROM THE MISSION AND THE COMMISSION,
[00:35:01]
UH, WE CAN GO AROUND.UH, BUT I I'M JUST GOING TO ACTUALLY ASK, DOES ANYONE HAVE QUESTIONS? NO QUESTIONS THAT A VICE CHAIRS, KAYLA CHAPLAIN VARSHA PROTECTION.
WE ALSO HAVE THE APPLICANT HERE ON THE LINE TO SPEAK FOR THREE MINUTES AND THEN COMMISSIONER COMMERCIAL COORDINATORS HAVE ONE QUICK QUESTION RELATIVE TO THE LANDSCAPE PLAN.
WAS THAT SUBMITTED BY THE APPLICANT? IS THAT WHEN LOOKING AT YES.
UH, WE WANT TO HEAR FROM THE APPLICANT, UH, FOR THREE MINUTES AND THEN WE CAN MOVE BACK AROUND AND SEE IF FOLKS HAVE ANY OTHER QUESTIONS.
HI, THIS IS BRANDON HAMON WITH KIMLEY-HORN AND ASSOCIATES.
UM, WE ARE THE APPLICANT FOR THIS PROJECT ON BEHALF OF CONCORDIA UNIVERSITY.
UM, AS CHRISTINE HAD MENTIONED, THERE HAS BEEN, UM, YOU KNOW, IMPROVEMENTS OVER THE YEARS AFTER CONCORDIA HAD ACQUIRED THE CAMPUS FROM SCHLUMBERGER IN 2007.
AT THE TIME THEY CONVERTED, UH, THE, WHAT WAS OUT THERE AS KIND OF LIKE MORE OF R AND D TYPE OFFICE USE, UM, TO A HIGHER ED INSTITUTION.
UM, SO, UM, BACK IN 2007, THEY HAD CONSTRUCTED SOME, UH, RESIDENCE HALLS, WHICH THIS CURRENT PROPOSED RESIDENCE HALL WOULD BE IN CLOSE PROXIMITY TO JUST KIND OF AN AREA THAT THE UNIVERSITY HAS DESIGNATED AS STUDENT HOUSING.
UM, ALSO IN 2007, UH, THEY HAD CONSTRUCTED A BASEBALL FIELD FOR THEIR ATHLETICS PROGRAM AND OTHER MISCELLANEOUS IMPROVEMENTS ASSOCIATED WITH THAT INFRASTRUCTURE.
UH, AND THEN IN 2013, KIMLEY-HORN WAS ALSO THE REPRESENTATIVE CONCORDIA.
UM, NOW KNOWN AS STANTEC THAT WAS REPRESENTING CONCORDIA, BUT IN 2013, KIMLEY-HORN REPRESENTED THE UNIVERSITY, UH, WITH THE CONSTRUCTION OF A SOFTBALL FIELD AND AGAIN, TO SUPPORT THEIR ATHLETICS PROGRAM.
UM, SO THE, THE CAMP, THE CAMPUS ITSELF RESIDES ON A BEAUTIFUL PIECE OF PROPERTY.
IT'S, UH, 400 PLUS ACRES, BUT IT ALSO HAS QUITE A BIT OF TERRAIN.
I JUST GIVEN THE, THE LOCATION OF THE PROPERTY, UM, UH, THAT KIND OF WESTERN AREA OF AUSTIN.
AND SO DOING ANY SORT OF SITE IMPROVEMENTS, UH, PARKING BUILDINGS, UM, STORM WATER, QUALITY INFRASTRUCTURE, THINGS OF THAT NATURE TYPICALLY REQUIRE A CUT FILL AT AN EXCEEDANCE OF FOUR FEET.
UM, SO AS CHRISTIE MENTIONED, YOU KNOW, IN PRO UH, PREVIOUS SITE PLAN APPLICATIONS TO CONSTRUCT THOSE IMPROVEMENTS, IT DID REQUIRE, UH, VARIANCES IN ORDER TO MEET THE PROGRAMMATIC REQUIREMENTS, UM, FOR THOSE ASSOCIATED IMPROVEMENTS OF THE ATHLETIC FIELDS, RESIDENCE HALLS, ET CETERA.
UM, SO WITH THIS CURRENT PROJECT, WE FELT LIKE WE'VE DONE OUR BEST TO WORK WITH THE TERRAIN, UM, PRESERVE TREES TO THE GREATEST EXTENT POSSIBLE, UM, WITH THE PARKING LOT, YOU KNOW, WE, UH, TRIED TO MINIMIZE THE AMOUNT OF CUT AND FILL.
UM, BUT AGAIN, THAT'S WITHIN A PRETTY SLOPED AREA, UH, BUT WE WANT TO MAKE SURE THAT WE'RE PROVIDING, UM, SLIPS WITHIN THAT PARKING LOT THAT ARE ACCESSIBLE BY THE STUDENTS AND STAFF AND VISITORS.
UM, AND THEN WITH THE RESIDENCE HALL ITSELF, UH, IT'S ALSO ON A, A PRETTY STEEP PART OF THE PROPERTY, BUT IT'S ALSO ADJACENT TO THE EXISTING RESIDENCE HALLS.
UM, AND THE, UH, BUILDING ITSELF WAS DESIGNED WITH SPLIT FINISHED FLOORS TO MINIMIZE THE AMOUNT OF FILL IN THAT AREA.
UM, AND THERE'S ALSO AN AMPHITHEATER AREA BEHIND THE BUILDING THAT WILL SERVE AS A CONGREGATION FOR STUDENTS AND HAS ALL BEEN DESIGNED FOR ADA ACCESSIBILITY.
UM, SO I THINK I'M GETTING CLOSE TO MY THREE MINUTES, BUT JUST WANTED TO GIVE A LITTLE BIT OF A SYNOPSIS OF THE HISTORY AND, UH, THE CURRENT PROPOSED PROJECT ITSELF.
WE HAVE ANY QUESTIONS FROM COMMISSIONERS.
WELL, I HAVE A MOTION, UH, THAT I'D LIKE TO PROPOSE.
SO, UM, UH, ITEM THREE, A ACCORDING TO UNIVERSITY CAMPUS RESIDENCE HALL, WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING A VARIANCE FROM THE LAKE AUSTIN WATERSHED ORDINANCE NUMBER EIGHT FOUR ZERO THREE ZERO ONE DASH F LDC CHAPTER NINE TO 10, SECTION NINE, TEN FOUR OH NINE B FOR CUT, EXCEEDING FOUR FEET.
WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING A VARIANCE FROM LAKE AUSTIN WATERSHED ORDINANCE NUMBER EIGHT FOUR THREE ZERO ONE DASH S LDC CHAPTER NINE TO 10, SECTION NINE DASH 10 DASH NINE, A FRUITS FULFILL EXCEEDING FOUR FEET.
[00:40:01]
WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT STAFF RECOMMENDS THESE VARIANCES WITH CONDITIONS.HAVING DETERMINED THE REQUIRED FINDINGS OF FACT HAVE BEEN MET.
THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS THE VARIANCE REQUEST WITH THE FOLLOWING NUMBER ONE, UH, WITH THE FOLLOWING STEP CONDITIONS.
NUMBER ONE, SUBJECT TO THE VOID AND WATERFLOW MITIGATION RULE CITY ENVIRONMENTAL CRITERIA MANUAL ONE.ONE, TWO.ZERO AND CITY STANDARD SPECIFICATION MANUAL NUMBER SIX, FIVE EIGHT S PROVISION THAT ALL TRENCHING GREATER THAN FIVE FEET DEEP MUST BE INSPECTED BY A QUALIFIED TAX PROFESSIONAL GEO-SCIENTISTS OR THEIR REPRESENTATIVE NUMBER TO PRESERVE THE TOP 10 INCHES OF TOPSOIL TO BE USED ON SITE.
AND NUMBER THREE, INCREASED TREE MITIGATION AND LANDSCAPING FOR THERE IS A BILL TO STABILIZE THE EROSION AS SHOWN ON LANDSCAPE PLAN SUBMITTED IN THIS GRAY BACK.
THIS IS COMMISSIONER CORNELL SECONDED.
MADAM CHAIR, COMMISSIONER SMITH.
MOTION CARRIES EIGHT, UH, UH, WITH EIGHT WITH ONE A RECUSAL.
[3b. Name: Albert H. Ullrich Water Treatment Plant, Revision 2, SPC-03-0005C(R2)]
TO ITEM THREE B ALRIGHT.3D ELDER AGE OLRICK WATER TREATMENT PLAN REVISION TWO.
WE HAVE THE APPLICANT AND STAFF HERE, UH, TO SPEAK ON THIS ONE.
MADAM VICE CHAIR, CHRIS SANCTA ENVIRONMENT, OFFICER WE'RE MOVING OVER PAMELA ABBY TAVI WITH THE DEVELOPMENT SERVICES DEPARTMENT TO LAY OUT THIS ITEM.
AND WE D WE DO HAVE A REPRESENTATIVE OF THE APPLICANT, UM, WILLIAM WIENER ALSO AVAILABLE.
UM, WELL, LET'S HEAR FROM PAMELA.
THIS IS FAMILY VITALI DEVELOPMENT SERVICES DEPARTMENT.
I'M INTRODUCING SEVEN VARIANCES FOR THE ORIC WATER TREATMENT PLANT.
THE PLANT WAS FIRST PERMITTED IN 2003 AND COMPRISES 141 ACRES ADJACENT TO TOM MILLER DAM.
THE SITE PLAN INCLUDES MULTIPLE PROJECTS WILL REQUIRE SEVEN ENVIRONMENTAL VARIANCES.
UH, AND THIS IS LARGELY DUE TO THE SITE'S LOCATION IN AN ENVIRONMENTALLY SENSITIVE AREA WITH NUMEROUS ENVIRONMENTAL CONSTRAINTS.
THE SITE IS LOCATED IN THE DRINKING WATER PROTECTION ZONE HAS SLOPES IN EXCESS OF 35% IS BOUNDED BY CRITICAL WATER QUALITY ZONES AND WATER QUAL QUALITY TRANSITION ZONES ENCOMPASSES BOTH A WETLAND AND RIM ROCK ENVIRONMENTAL FEATURES AND HAS NUMEROUS HERITAGE TREES.
STAFF ARE SATISFIED THAT THE PROPOSED PROJECTS ARE NECESSARY TO MAKE CRITICAL UPGRADES, TO REPLACE OLD AND OUTDATED EQUIPMENT, TO PROVIDE IMPROVED ENVIRONMENTAL CONTROLS AND TO INCREASE SAFETY FOR PLANT STAFF.
THE SLUDGE CHANGE OVER FACILITY, FOR EXAMPLE, REPLACES EXISTING STRUCTURES THAT REQUIRE CONFINED SPACE ENTRY, OTHER I'M SORRY.
OTHER IMPROVEMENTS PROVIDE SAFETY WASHDOWN AREAS AND A LOOPED PORTABLE WATER SUPPLY TO THE FACILITY.
THE SPILL CONTAINMENT STRUCTURE WILL CONTAIN FUGITIVE SPILLS THAT MAY ENTER THE EXISTING STORM DRAIN FROM A CHEMICAL DELIVERY AREAS AND WILL PREVENT THEIR DISCHARGE INTO LITTLE BEE CREEK.
THE LOW SERVICE PUMP STATION ELECTRICAL FEED RENEWAL PROJECT INCLUDES CONSTRUCTION OF A NEW ELECTRICAL BUILDING, RETAINING WALLS, ELECTRIC AND MECHANICAL EQUIPMENT AND ACCESS ROAD AND DUCT BANK ROUTING STEP STAFF HAS WORKED WITH THE APPLICANT TO CONSIDER MULTIPLE DESIGN ALTERNATE TURNITIN IN THE END.
OOPS, IN THE END, STAFF ARE SATISFIED THAT ALL POSSIBILITIES HAVE BEEN EXPLORED.
BUT ALL POSSIBILITIES HAVE BEEN EXPLORED
[00:45:01]
AND THAT THE VARIANCES COULD NOT BE AVOIDED, THAT THE IMPROVEMENTS HAVE BEEN LOCATED IN AS NECESSARY TO PROVIDE THEIR DESIGN FUNCTIONS, THAT THE PROJECTS HAVE BEEN DESIGNED TO BE THE MINIMUM DEVIATION FROM CODE AND THAT NO HARMFUL ENVIRONMENTAL CONSEQUENCES ARE FORESEEN.IN FACT, ENVIRONMENTAL CONDITIONS WILL BE IMPROVED BY PROVIDING TREATMENT FOR CONTAMINATED RUNOFF AND ELIMINATING CURRENTLY OCCURRING EROSION FROM A RUNOFF ON SLOPES IN SHORT STAFF DEEMS THE FINDINGS OF FACT TOO, HAVE BEEN MET AND RECOMMENDS THE VARIANCES FOR APPROVAL.
DEBARMENT OFFICER ALISON NEGLECTED TO MENTION THAT WE DO HAVE BOBBY LEVINSKY AS A REGISTERED SPEAKER ON THIS ITEM.
SO WE HAVE REPRESENTATIVE THE APPLICANT AND THEN, UH, MR. LEVINSKY.
UH, SHOULD WE HEAR FROM THE AFRICAN FIRST AND THEN GO TO MR. LAVINSKY WILLIAM WINNER? YES, PLEASE.
AND WILLIAM, IF YOU'RE ON THE PHONE, YOU MAY ON MUTE AND THEN YOU WILL HAVE THREE MINUTES.
I'M WITH HER ANTHONY AND SPRING FOR PROFIT PROFESSIONAL ENGINEER, UH, FOR THE ALRICK LOAD SERVICE PUMP STATION AND ELECTRICAL FEED RENEWAL PROJECT.
AS PAMELA MENTIONED, THIS, UH, THE APPLICATION IS FOR MULTIPLE PROJECTS.
WE ARE THE PRIME DESIGN ENGINEER FOR THE ELECTRICAL FEED RENEWAL PROJECT THAT WE'LL BE SPEAKING ON BEHALF OF THE ENTIRE APPLICATION.
WE WERE SELECTED AS THE PRIME DESIGN ENGINEER FROM A COUPLE OF YEARS AGO TO LEAD UP THE DESIGN EFFORT FOR AUSTIN WATER.
PAMELA HAS DESCRIBED THE CHALLENGES AND ISSUES WITH THE SITE QUITE THOROUGHLY.
AND THE ONLY THING WE WOULD LIKE TO ADD TO IT IS, IS THAT THE DESIGN TEAM HAS BEEN GRATEFUL FOR THE OPPORTUNITY TO WORK AND COLLABORATE WITH THE ENVIRONMENTAL PERMANENT TEAM TO PUT TOGETHER THE PACKAGE.
BEFORE YOU TODAY, I'LL BE AVAILABLE AND HAPPY TO ANSWER ANY TECHNICAL QUESTIONS YOU ALL MIGHT HAVE.
WELL, WE'LL, WE'LL GO TO MR. LEVINSKY NEXT.
ARE YOU ON THE LINE, MS. SPEED? YES.
THIS IS BOBBY LEVINSKY WITH THE SAVE OUR SPRINGS ALLIANCE.
UM, I JUST WANTED TO FIRST START BY, UM, KIND OF EXPLAINING WHY WE REGISTERED IN OPPOSITION TO THIS ITEM, UM, AND APPRECIATE, UM, PAMELA FOR, UH, SPEAKING WITH US.
I THINK SHE HELPED CLARIFY A LOT OF OUR CONCERNS, BUT THE FIRST CONCERN THAT WE HAD WAS JUST TO MAKE SURE THAT THERE WAS NOTHING INVOLVED IN THIS PROJECT THAT WOULD PRECLUDE THE ABILITY IN THE FUTURE TO CONNECT THE INTAKE STRUCTURE FOR THIS FACILITY, TO THE, UM, LADY BIRD, LAKE WATER, UM, AS ENVISIONED UNDER THE WATER FORD PLAN, IT DOESN'T LOOK LIKE ANYTHING LIKE THAT IS HAPPENING HERE.
SO THAT'S OUR CONCERN WITH SATISFIED FOR US.
UM, AND THEN SECONDLY, JUST WITH THE NUMBER OF ENVIRONMENTAL VARIANCES THAT ARE, UM, LISTED ON THIS ITEM, I THOUGHT IT WARRANTED A LITTLE BIT OF A CLOSER LOOK, UM, IS NOT TOO MUCH OF A SHOCK GIVEN THE LOCATION OF THE PROPERTY THAT ANYTHING YOU DO ON IT WOULD REQUIRE ENVIRONMENTAL VARIANCES.
BUT, UM, I THINK, UM, THE STAFF DID A PRETTY GOOD JOB OF EXPLAINING HOW THEY'RE DESIGNED DOES, UM, KIND OF LIMIT THE ENVIRONMENTAL IMPACT AND WORK WITH THE, UM, THE CONSTRAINTS OF THE SITE.
WELL, SO ONE PART THAT WE MIGHT DEVIATE A LITTLE BIT FROM STAFF IS INVOLVED THE ACCESS ROAD.
UM, SO THERE IS, UH, ESSENTIALLY THE ACCESS ROAD CREATES A LOOP FOR THE SITES.
THE TRUCKS DON'T HAVE TO TURN AROUND.
UM, IT ALSO PROVIDES ACCESS TO THE ELECTRICAL, UM, BUILDING THAT'S GOING TO BE BUILT, WHICH THAT MAKES SENSE.
I THINK THE PART OF THE ACCESS ROAD THAT IS KIND OF CONTINUING ON AND JUST IS, IT JUST SEEMS A LITTLE BIT MORE LIKE A NICE TO HAVE RATHER THAN A REQUIREMENT FOR THE PART THAT, UM, IT'S JUST BASICALLY AVOIDING THE TRUCKS TURNING AROUND THIS FACILITY HAS BEEN AN OPERATION FOR MANY YEARS.
NOT REALLY SURE HOW THAT RAISES TO THE LEVEL OF SOMETHING THAT'S NECESSARY FOR THE OPERATION OF THE FACILITY.
UM, AND I THINK THAT THE, THERE'S A GOOD EXPLANATION OF WHY THEY CHOSE TO PUT THE ROAD THERE, WHICH IS THAT IT'S LARGELY A CLEAR PATH ALREADY.
UM, BUT IT'S JUST KIND OF GOING INTO THE CONCEPT THAT A MISTAKE IN THE PAST JUSTIFIES SOMETHING IN THE FUTURE.
UM, I THINK THAT FOR THE MOST PART, THAT ACCESS ROAD COULD BE AVOIDED, UM, AND AVOID SOME OF THE ENVIRONMENTAL, UM, DEVIATION FROM THE CODE.
SO JUST ON THAT PART, WE WOULD OBJECT TO IT, BUT OTHERWISE WE THINK STAFF DID A PRETTY GOOD JOB OF LOCATING THE FACILITIES AS, UM, AS PAMELA DESCRIBED.
UH, WE'LL GO TO QUESTIONS FROM COMMISSIONERS NOW.
UH, ANYONE HAVE QUESTIONS, COMMISSIONER GORDON? I DO FOLLOW UP ON, ON WHAT WE JUST HEARD.
SO CAN POTENTIALLY, I GUESS IF IT'S THE CITY STAFF REPRESENTATIVE,
[00:50:01]
UH, TALK TO US MORE ABOUT THE ACCESS ROAD AND WHETHER IT IS IN FACT NECESSARY.UM, SO I ACTUALLY, I WOULD LIKE TO LET THE, UH, THE APPLICANT HANDLE THAT AS FAR AS THE, FOR THE NECESSITY OF IT.
I THINK I, UM, AS BOBBY MENTIONED, UH, IT IS IN AN AREA THAT IS THE LOCATION.
IF IT TO BE HAD THE LOCATION IS I THINK THE BEST LOCATION YOU COULD HAVE FOR IT.
IT'S, UM, AN AREA THAT WAS A ROAD IN THE PAST MANY YEARS AGO.
AND SO IT WAS ALREADY CLEARED.
UM, THERE, IT HAS SOME STEEP AREAS WHERE THERE'S, UH, EROSION CURRENTLY RUNNING DOWN THAT ROAD CAUSE IT'S, UH, YOU KNOW, LACKING VEGETATION.
UM, AND THERE'S A RUNOFF THAT COMES FROM THE EXISTING ELECTRIC PLANT ADJACENT TO IT.
UM, THAT'S GOING TO BE CLEARED UP SO THAT, THAT WILL BE GOOD.
UH, IF IT HAS TO BE HAD PUTTING IT ON TOP OF THE DUCT BANK MAKES A LOT OF SENSE.
THAT'S THAT'S ALL I, I CAN SAY.
CAN WE HEAR A LITTLE BIT MORE FROM THE APPLICANT ON THAT ITEM? THE IMPORTANT ASPECT OF THE PROJECT HERE IS THE ELECTRICAL DUCT BANK CONNECTING THE ENCLOSURE TO THE LOW SERVICE PUMP STATION AND BEING ABLE TO MAINTAIN ACCESS TO THE DUCT BANK IS THE MAIN REASON WHY THE ACCESS ROAD NEEDS TO BE PLACED ON TOP OF IT.
IT ALSO HAS MANY GREAT SECONDARY BENEFITS FOR THE TURNAROUND AS WELL AS BETTER ACCESS FOR EMERGENCY RESPONDERS TO THE LOW SERVICE PUMP STATION IN THE EVENT OF ANY EMERGENCIES.
SO, UH, SO WE HAVE TWO VERSIONS HERE, UM, YOU KNOW, ONCE AUGUST SAY IMPORTANT OR NECESSARY.
SO I MEAN, IF, IF WE, AS THE COMMISSION WERE TO SAY NO TO THE PLANS FOR THE ACCESS ROAD, WHAT WOULD THAT DO TO WHAT IS BEING PROPOSED? I GUESS, WHAT, WHAT WOULD BE THE ADVERSE CONSEQUENCES TO THE PROJECT?
I MEAN, IS THIS A VIABLE PROJECT WITHOUT THAT ROAD IS WHAT YOU'RE ASKING, BASICALLY.
THE, THE KIND OF IMPORTANT ASPECT AGAIN IS, IS THAT WE'RE GOING TO BE GOING THROUGH AND CAUSING THE DISTURBANCE IN THE AREA TO INSTALL THE DUCT BANK UPWARDS.
THE DUCT BANK IS UPWARDS OF A WIDTH OF 20 FEET WITH THE NEEDED FOR ACCESS.
THE ACCESS ROAD WILL ALSO PRO WE'LL NEED TO PROVIDE YOU'LL NEED TO BE ABLE TO GET EQUIPMENT TRUCKS OUT TO THE MANHOLES TO PROVIDE ACCESS ANYWAY, WHICH WILL BE A CHALLENGE WITHOUT THE ROAD ON THERE.
AS I MENTIONED, WE'RE GOING THROUGH AND WE'RE ALREADY DISTURBING THE ENTIRE AREA TO INSTALL THE DUCT BANK AND THEN FINISHING IT ON TOP OF THE, UH, FINISHING THE ROAD ON TOP OF THE DUCT BANK.
THE OWNER IS DEFINITELY PUSHING FOR THIS AND SAYING THAT THIS IS AN ABSOLUTELY NECESSARY, UM, ASPECT OF THE PROJECT AS WELL.
IF WE CAN'T INSTALL THE DUCT BANK IN THE AREA, THE POWER WILL NOT BE PROVIDED, UH, TO THE LOW SERVICE PUMP STATION FROM THE ELECTRICAL ENCLOSURE.
IT'S A LITTLE BIT ABOVE MY PAY GRADE TO FIGURE OUT THE DETAILS OF THIS.
IS THERE THE POSSIBILITY OF WHATEVER DISTURBANCE NEEDS WILL OCCUR BY WAY OF INSTALLING WHAT YOU NEED TO INSTALL, BUT THEN DOING SOME SORT OF RESTORATION.
I MEAN, I GUESS THE QUESTION IS, YOU KNOW, DOES THIS NEED TO BE A PERMANENT FEATURE OR CAN THERE BE WHATEVER TEMPORARY DISTURBANCE DURING CONSTRUCTION AND THEN SOME AMOUNT OF RESTORATION THAT WOULD OCCUR AFTER WORDS? YEAH.
[00:55:01]
I GUESS JUST TO BUILD ON THAT, YEAH.I'M NOT FAMILIAR WITH WHAT KIND OF MAINTENANCE NEEDS TO OCCUR ALONG THAT POST CONSTRUCTION AND WHETHER OR NOT THAT'S A NEED OR A WANT, IS THAT SOMETHING THAT Y'ALL CAN RESPOND TO? SO ANOTHER ASPECT OF THE FACT THAT DUCT INSTALLED ALONG THIS ROADWAY, UH, RESTORATION EFFORTS REALLY AREN'T POSSIBLE, UH, FOR THE INSTALLATION OF THE DUCT BANK.
BECAUSE AS THIS BEING AN ELECTRICAL DUCT BANK, WE HAVE TO KEEP THIS UP OUT OF THE WATER TABLE TO AVOID WATER FROM INFILTRATING AND POTENTIALLY DAMAGING THE ELECTRICAL EQUIPMENT.
SO THE DUCT BANK IS GOING TO BE PLACED ABOVE GRADE.
SO A RESTORATION EFFORT IS NOT GOING TO, IT'S NOT GOING TO BE POSSIBLE FOR THE MAJORITY OF THE AREA.
UM, AND AGAIN, I THINK THAT I REALLY HAVE TO EMPHASIZE IS THE FACT THAT IF YOU NEED TRUCKS AND OTHER TYPES OF EQUIPMENT TO GET DOWN TO THE MANHOLES, THAT WON'T BE POSSIBLE WITHOUT AN ACCESS ROAD BEING INSTALLED ON TOP OF THE DUCT BANK CHIME IN.
YES, PAMELA PAMELA DEVELOPMENT SERVICES DEPARTMENT.
UM, SO ONE THING THAT'S HARD TO APPRECIATE, UH, WITHOUT SEEING THE SITE IS THAT, UM, AGAIN, WITH ALL OF THE, UH, THE HERITAGE TREES AND THE WETLANDS AND EVERYTHING, THERE IS NOT REALLY A SPACE TO PUT, SAY AN ACCESS ROAD ADJACENT TO THE DUCK BANKS AND HER ACCESS ROADS AREN'T USED ALL THE TIME.
AND SO THEY, THEY DON'T MAYBE DON'T HAVE TO BE AS ROBUST, BUT YOU WOULD HAVE TO, TO GO THROUGH SOME WETLANDS OR, AND MITIGATE THOSE OR CUT DOWN SOME TREES OR DO SOMETHING LIKE THAT TO PUT ACCESS ROADS ADJACENT TO IT, BY PUTTING THE ROAD ON TOP OF IT, THEN, THEN YOUR ACCESS TO THOSE, THERE ARE TWO MANHOLES, UM, ON THE ROAD IN THE ROAD AND YOUR ACCESS TO THOSE IS JUST TAKEN CARE OF RIGHT THERE WITHOUT DISTURBING MORE AREAS.
IT'S A PROBABLE SURFACE OR VERSUS WHAT THE ACTUAL, UM, DUCT BANK LOOKS LIKE EXCEPT FOR STRUCTURAL DESIGN.
IS THAT RIGHT? I I'M S I COULDN'T COULD NOT HEAR THE BEGINNING OF YOUR QUESTION.
SO JUST TO BE CLEAR, THERE'S NOT REALLY THAT MUCH OF A DIFFERENCE BETWEEN WHETHER OR NOT IT'S A DRIVABLE SURFACE OR IF IT'S JUST THE DUCT BANK, EXCEPT THAT YOU ARE STRUCTURALLY ACCOUNTING FOR A DRIVABLE SURFACE AND IT'S ABOVE GRADE ANYWAY, IT WAS ALL ABOVE GRADE.
THE ROAD IS A LITTLE BIT WIDER THAN THE DUCT BANKS THEMSELVES, NONETHELESS, AT THE POINT WHERE THE, UM, MANHOLES ARE, THE ROAD ACTUALLY HAS TO BE MADE EVEN WIDER JUST FOR THOSE, BECAUSE THAT'S THE MINIMUM SIZE A MANHOLE CAN, THE MANHOLES CAN BE.
SO, UM, YEAH, SO, SO YOU'RE NOT, YOU'RE NOT SIGNIFICANTLY INCREASING THE ENVIRONMENTAL IMPACT, I BELIEVE BY PUTTING THE ROAD ON TOP.
DO WE HAVE OTHER QUESTIONS AND COMMISSIONER GORDON, DO YOU HAVE OTHER QUESTIONS JUST BEFORE WE MOVE ON TO OTHER COMMISSIONERS? UH I'M I'M GOOD RIGHT NOW.
OTHER COMMISSIONERS, COMMISSIONER RANDBURG IS RAISING HIS HANDS.
UM, AND I'M LOOKING AT THE EXHIBIT, THE, THE BACKUP, UH, PRESENTATION AGE 11 OF 20, AND I, UH, KIND OF FOLLOW UP ON THE DUCT BANK IS THAT, UM, CAN THAT DUCT BANK NOT BE POSITIONED ON THE EXISTING ENTRY ROAD? THAT'S KIND OF SHOWN IN BLUE, I BELIEVE ON THIS EXHIBIT.
UM, OR ARE THERE CONFLICTS ALONG THAT CORRIDOR THAT ARE REQUIRING IT TO BE ALONG A NEW ALIGNMENT, OR COULD YOU FOLLOW AN EXISTING DISTURBANCE CORRIDOR TO GET IT DOWN TO, UH, THE INTAKE THAT WOULD THAT'S, THAT'S MY ONE QUESTION.
PAMELA AB TALI DEVELOPMENT SERVICES.
AND ACTUALLY WE DID EXPLORE THAT.
WE REALLY TRIED TO PUSH THE APPLICANTS TOO, TO SEE IF THEY COULD POSSIBLY PUT IT IN THE EXISTING ROAD BESIDE THE EXISTING ROAD, ANY PLACE.
AND THERE'S ALREADY SO MUCH IN THOSE ROADS THAT, UM, IT REALLY, THERE'S NOT ENOUGH ROOM TO ADD THESE DUCK BANKS.
THESE ARE FAIRLY WIDE DUCT BANKS AS WELL.
AND, UM, FIVE TO TWO BEFORE, TWO TO OVER FIVE TO FIVE AND A HALF FEET WIDE.
THE APPLICANT CHINA, UH, YES, THAT'S PERFECTLY CORRECT.
[01:00:01]
ROADWAY IS, AND IS FILLED WITH UTILITIES, CONNECTING THE LOW SERVICE PUMP STATION TO THE WATER TREATMENT PLANT.AND THEY'RE INCLUDING A 72 INCH WATER LINE THAT EXISTS ON THE EASTERN EDGE OF THE ROAD.
THAT TAKES UP A SIGNIFICANT AMOUNT OF SPACE.
WE WOULD NOT BE MINIMIZING THE IMPACT, UM, BY, UM, PLACING ANY AND THE DUCT BANK ALONG THAT, AND POTENTIALLY CAUSING MORE OF A DISTURBING FLY GOING ALONGSIDE THE ROAD.
AND THERE IS ABSOLUTELY NO ROOM TO PUT THE DUCT BANK INSIDE THE INSIDE FOOTPRINT OF THE EXISTING ACCESS ROOM.
THAT'S THE ONLY QUESTIONS I HAD.
UH, I SEE COMMISSIONER THOMPSON RAISING HER HAND AND WAS THAT COMMISSIONER NEELY ALSO COMMISSIONER GORDON THAT WAS HERE.
WE'LL GO TO COMMISSIONER THOMPSON AND THEN WE'LL GO TO THE COMMISSIONER VERA.
UM, COULD YOU TELL ME WHAT YOU INTEND TO PAY THE RED WITH PLEASE? UH, YEAH.
SO THIS IS THE, AGAIN, THE APPLICANT, I BELIEVE THE ROAD IS JUST GOING TO BE PAVED WITH APPLE.
ANY OTHER QUESTIONS? COMMISSIONER THOMPSON, UM, IS I'M WONDERING, I KNOW THAT WE HAVE, UM, IT'S INSIDE THE CITY LIMITS, SO THEY'LL HAVE TO ADHERE TO THE ASPHALT REQUIREMENTS THAT WE HAVE, BUT, UM, I'M WONDERING ABOUT RUNOFF AND CAPTURE AND THINGS LIKE THAT.
IT'S ABOVE THE RIM ROCK, AND I'M WONDERING, I MEAN, WE'VE SEEN A LOT OF RIM ROCK FALL IN BECAUSE OF, UM, CONSTRUCTION OF THINGS THAT GO UP AT, SO I'M WONDERING ABOUT THE, THE WEIGHT ON TOP OF IT.
SO I WONDER IF HE'D JUST MAKE A COUPLE OF COMMENTS ABOUT THAT PLEASE.
THIS IS CHRIS HARRINGTON ENVIRONMENTAL OFFICER, JUST TO CLARIFY, I BELIEVE THAT THE P THE ROAD IN QUESTION IS DOWN GRADIENT OF THE RIM ROCK, SO IT'S NOT ABOVE IT, BUT, UH, BETWEEN THE RIM ROCK AND THE WETLAND.
THE PEMA LADY TOTALLY DEVELOPMENT SERVICES DEPARTMENT.
AND THAT'S ANOTHER REASON WHY IT WAS NOT, WOULD NOT WORK TO PUT THE DUCT BANKS NEAR THE CURRENT ROAD BECAUSE THE CURRENT ROAD IS ON TOP OF THE RIMROCK.
COMMISSIONER THOMPSON, ANY OTHER QUESTIONS? YEAH.
WE'LL GO TO COMMISSIONER GUERRERO NEXT.
UH, WHAT IS THE LENGTH OF THE ROAD ROAD? IS WHAT'S THE LINK? HOW MANY FEET PAMELA SERVICES DEPARTMENT? I DO NOT KNOW.
UH, IT IS ROUGHLY ABOUT 900 FEET.
AND THEN, UM, MY OTHER QUESTION IS TO REDUCE IMPACT, COULD ANY OF THE EQUIPMENT BE BROUGHT OVER BY A BARGE? UM, JUST IS PAMELA BE TOTALLY DEVELOPMENT SERVICES DEPARTMENT WHO WILL, I'D LIKE YOU TO HAVE THE FINAL SAY ON THAT, BUT MY GUESTS IT'S RIGHT NEXT TO THE DAM.
UH, THIS IS WILL AGAIN, UM, I'M ARE YOU, ARE YOU, IS THE SUGGESTION BEING THAT DURING CONSTRUCTION, THE EQUIPMENT BY BARGE, OR ARE YOU SUGGESTING PERMANENT LOCATION OF EQUIPMENT BY BARGE? NO.
BRINGING SOME OF THAT EQUIPMENT OVER BY BARGE.
THIS IS CHRIS HARRINGTON, ENVIRONMENTAL OFFICER.
SO WE WOULD ACTUALLY PREFER NOT TO, BECAUSE THAT COULD HAVE NEGATIVE CONSEQUENCES FOR THE WETLAND.
THAT WOULD BE ALONG THE SHORELINE BETWEEN OR ON THE, BETWEEN THE LAKE AND THE PROPOSED ROAD, OR THEY COULD DO ANY RESTORATION TO THAT WETLAND? NO, WHAT I'M GETTING THE MESSAGES FROM OUR, UM, CRITICAL ENVIRONMENTAL FEATURE REVIEWERS
[01:05:01]
THAT THAT WOULD NOT BE PREFERABLE TO STAFF.THERE'S LESS TO DISTURB IN THE ORIENTATION NOW THAN, UH, THAN WHAT YOU'RE PROPOSING.
ANY OTHER QUESTIONS, COMMISSIONER GUERRERO? NO, THANK YOU.
UH, ANY OTHER QUESTIONS FROM COMMISSIONERS? OKAY.
I THINK I FORGOT TO DO THIS ON OUR LAST ONE.
CHRIS TRIED TO TRY TO CALL ME OUT.
I'M NOT AS USED TO RUNNING THESE THINGS.
UH, I THINK I NEED A MOTION TO CLOSE THE PUBLIC HEARING.
IS THAT RIGHT? YOU MAY DO IT BY MOTION OR YOU MAY CLOSE WITH UNANIMOUS CONSENT.
I MOVE, WE CLOSED THE PUBLIC HEARING, THEN NOT HIM VICE CHAIR SECOND BY GUERRERO.
UM, WE HAVE, UH, EMOTION ON THIS.
UM, UH, ON THE SUBJECT OF THE ALBERT H ALDRICH WATER TREATMENT PLANT REVISION TO SPC OH THREE ZERO ZERO FIVE C R TWO.
UH, WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING SEVEN VARIANCES FROM CODE, INCLUDING LDC 25 DASH EIGHT DASH TWO SIX ONE TO ALLOW DEVELOPMENT IN A CRITICAL WATER QUALITY ZONE AND BY EXTENSION IN THE WATER QUALITY TRANSITION ZONE OF A WATER SUPPLY, RURAL WATERSHED IN THE EDWARDS AQUIFER RECHARGE ZONE, SOUTH LDC 25 DASH EIGHT DASH FOUR FIVE TWO FOUR, UH, TWO ELEMENTS, A PHASE TWO SWITCH AND CLOSURE, DUCT BANK AND ACCESS ROAD, AND B PHASE THREE CONTAINMENT BASIN, ELECTRICAL BUILDING AND RELATED DUCT BANKS SLEDGE CHANGE OVER FACILITY AND A SIX INCH WATERLINE.
UM, THAT WAS THE FIRST REQUESTED VARIANCE.
SECOND ONE IS A VARIANCE FROM LDC 25 DASH EIGHT DASH TWO EIGHT ONE TO ALLOW CONSTRUCTION WITHIN A RIM ROCK CRITICAL ENVIRONMENTAL FEATURE BUFFER FOR A PHASE TWO DUCT BANK AND ACCESS ROAD.
THE THIRD REQUEST OF VARIANCE IS A VARIANCE FROM LDC 25 EIGHT DASH ZERO THREE, SORRY, THREE ZERO ONE TO ALLOW CONSTRUCTION OF A DRIVEWAY ON A SLOPE WITH THE GRADIENT OF MORE THAN 15% FOR PHASE TWO DUCT BANK AND ACCESS ROAD.
THE FOURTH REQUESTED VARIANCE IS A VARIANCE FROM LDC 25 DASH EIGHT THREE ZERO TO A ONE TO ALLOW CONSTRUCTION OF A BUILDING ON A SLOPE WITH A GRADIENT OF MORE THAN 25% FOR TWO ELEMENTS, A PHASE TWO SWITCHGEAR ENCLOSURE AND B PHASE THREE SLEDGE CHANGEOVER FACILITY.
THE FIST FIFTH REQUESTED VARIANCE IS FROM LDC 25 DASH EIGHT THREE FOUR ONE TO ALLOW CUT TO EXCEED 16 FEET FOR PHASE THREE CONTAINMENT BASIS.
THE SIXTH REQUEST IS FROM LDC 25 DASH EIGHT THREE FOUR TWO TO ALLOW PHIL, UM, TO 12 FEET FOR THE PHASE TWO DUCT BANK AND ACCESS DRIVE.
AND THE SEVENTH REQUEST IS FROM LDC 25 DASH EIGHT DASH FOUR TWO THREE C ONE TO ALLOW IMPERVIOUS COVER TO EXCEED THE 20% LIMIT FOR DEVELOPMENT.
ARE THEY WATER SUPPLY SUPPLY SUBURBAN WATERSHED AS THE ENVIRONMENTAL COMMISSION RECOGNIZED THE STAFF RECOMMENDS THESE VARIANCES WITH CONDITIONS.
HAVING DETERMINED THE FINDINGS IN FACT HAS BEEN MET.
THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS THESE, THE BARRON'S EASE VARIANCE REQUESTS WITH THE FOLLOWING STAFF CONDITIONS.
AND THERE ARE THREE CONDITIONS.
THE APPLICANT HAS DESIGNED PERMANENT DIVERSION ANTICIPATION FOR THE EXISTING CONCENTRATED FLOW FROM THE ELECTRIC STATION TO THE APPLICANT HAS DESIGNED RAIN GARDENS TO AVOID AND PRESERVE SIGNIFICANT TREES AND HAS AGREED TO REVEGETATE THE RAIN BURDENS WITH NATIVE PLANTS.
NUMBER THREE, THE APPLICANT HAS REDESIGNED THE PROPOSED ROAD TO PRESERVE THE WETLAND AT THE BASE OF THE GRIM ROCK.
WE HAVE A SECOND SECOND BY COMMISSIONER BEDFORD.
ALL RIGHT, LET'S DO ROLL CALL.
[01:10:04]
COMMISSIONER NEELEY? YES.Y'ALL UH, WE WILL MOVE ON TO ITEM THREE C NOW.
A HEAVY LIFT ON THAT MOTION RAMBERT.
[3c. Consider an appeal by Patrick Fulker of the Urban Forester’s denial of an application for an administrative approval, as provided for under City Code Section 6-3-91, to remove public trees located at 13213 Villa Park Drive. (30 minutes)]
UP FOR THREE SEATS.CONSIDER AN APPEAL BY PATRICK FOLKER OF THE URBAN FORESTERS DENIAL OF AN APPLICATION FOR ADMINISTRATIVE, UH, MINUTES ADMINISTRATIVE APPROVAL AS PROVIDED FOR UNDER CITY CODE SECTION SIX, THREE NINE ONE TO REMOVE PUBLIC TREES LOCATED AT ONE THREE, TWO, ONE THREE VILLA PARK DRIVE, MADAM VICE CHAIR, CHRIS HARRINGTON ENVIRONMENT OFFICER, JUST BRIEFLY, BEFORE WE GET IN TO LAY OUT THIS ITEM, THIS IS DIFFERENT THAN SOME OF THE THINGS THAT YOU ARE USED TO SEEING WITH REGARD TO TREE PROTECTION.
SO THIS IS AN APPEAL OF THE DECISION, UM, OF THE PUBLIC WORKS URBAN FORESTER TO REMOVE A TREE FROM THE, UH, FROM THE RIGHT OF WAY.
SO THIS IS NOT A TITLE 25 MATTER RELATED TO DEVELOPMENT.
AND SO IT IS A SEPARATE PROCEEDING.
YOU ARE NOT MAKING A RECOMMENDATION.
AND IN THIS SITUATION, YOU ARE THE DETERMINING BODY.
SO YOUR OPTIONS ARE TO GRANT THE APPEAL BY MR. FULKER, WHICH WOULD REMOVE THE TREE.
IN QUESTION, THE 20 INCH COTTONWOOD, YOU CAN SUSTAIN THE DECISION OF THE URBAN PUBLIC WORKS FORESTER.
SO THUS DENYING THE APPEAL OF MR. FOLKER, UM, TO LEAVE THE TREE IN PLACE, OR YOU MAY, UH, MAKE EITHER OPTION WITH MODIFICATIONS.
AND SO THIS IS WHERE WE WILL WALK THROUGH THE PROCESS.
THE PUBLIC WORKS FORESTER WILL PRESENT INFORMATION.
UM, WE DO HAVE KEITH MARS AS WELL.
IF THERE IS ANY FURTHER CONFUSION ABOUT THE DIFFERENCE BETWEEN THIS MATTER, UM, OR, UH, THE TITLE 25, THE LAND DEVELOPMENT CODE MATTERS THAT YOU ARE USED TO SEEING.
AND THEN WE DO HAVE A PRESENTATION, UM, FROM MR. FULKER FOR FIVE MINUTES.
AND SO I WOULD SUGGEST THAT THE RUN OF SHOW BE, UM, LISA KLENNER MAKES THE PRESENTATION THAT THE APPLICANT, THE APPELLANT IN THIS CASE THEN MAKES A PRESENTATION AND THEN YOU ASK QUESTIONS OF EITHER OF THEM AS YOU SEE FIT.
UM, DOES EVERYBODY HAVE ACCESS TO THE BACKUP DOCUMENT? UM, CAUSE IT'S NOT ON MY SCREEN AND WHAT I'M GOING TO DO IS I'M GOING TO BRING UP THE DOCUMENT.
HERE IT COMES PROBABLY WHAT THIS WAS MARIANNE AND I HAVE TO GO INTO A DOCTOR'S OFFICE.
SO I'M GOING TO SAY GOODBYE, BUT I'LL PROBABLY GO BACK LATER.
UH, MADAM CHAIR, DO WE HAVE A CORN STILL? WE DO STILL HAVE A QUORUM.
YOU'RE NOT IN CHAIR RIGHT NOW.
CAN EVER, I GUESS I'M UN-MUTED EVERYONE CAN HEAR ME, RIGHT.
WELL, I GUESS EVER I'LL SCROLL DOWN OR SOMEBODY CAN HELP ME SCROLL DOWN TO KIND OF MORE, UM, THE MEAT OF THE MATTER HERE, UM, OUT.
TILL WE GET TO THE PICTURES, I GUESS THAT'S WHERE I'D LIKE TO START.
CAN YOU SCROLL UP A LITTLE BIT MORE PLEASE? I DON'T WANT TO READ THIS VERBATIM, BUT IT'LL HELP ME TO STAY ON TRACK IF I DO SORT OF FOLLOW, UM, WHAT I WROTE UP, UM, THESE ARE COTTONWOODS IN THE, IN THE WINTER, WHAT THEY LOOK LIKE.
UM, THESE ARE ACTUALLY VERY HEALTHY LOOKING COTTONWOODS, EVEN THOUGH THEY DON'T HAVE LEAVES ON THEM.
SO IN JANUARY OF 2020, UM, MR. FULKER, UH, APPLIED TO DSD FOR A PERMIT TO REMOVE, UH, TWO PROTECTED COTTONWOOD TREES.
AND THE SIZE IS 34 AND 20 INCHES IN DIAMETER.
AND THAT'S MEASURED AT FOUR AND A HALF FEET.
DSD FORWARDED THIS REQUEST TO PUBLIC WORKS FORESTRY TO MAKE A DETERMINATION OF OWNERSHIP, SCROLL DOWN, PLEASE.
UH, ON JANUARY 24TH, THE SITE WAS VISITED BY ONE OF OUR
[01:15:01]
FORESTRY INSPECTORS, WHO IS A CERTIFIED ARBORIST.UH, IT WAS DETERMINED THAT THE TREES ARE IN THE RIGHT OF WAY AND THAT THEY SHOULD BE PRESERVED.
SO DSD DENIED THE PERMIT AS THE TREES WERE IN THE RIGHT OF WAY.
AND PUBLIC WORKS, FORESTRY DETERMINED.
SO THESE PICTURES AND THAT'S GREAT RIGHT THERE.
THIS IS THE FIRST PICTURE IS A SCHEMATIC OF THE RIGHT OF WAY.
UM, DRIVEWAY EIGHT BREN, 10 FEET BACK, AND IT'S FOLLOWED UP.
THIS IS AGAIN A SCHEMATIC JUST FOR YOUR VIEWING.
UM, WE DID, YOU KNOW, USING SOFTWARE LIKE PROPERTY PROFILE DOWN BELOW THE NEXT PICTURE SHOWS THE RIGHT OF WAY.
THERE HAS BEEN OUTLINED, UH, FROM A BIRD'S EYE VIEW.
IF YOU SCROLL DOWN JUST A LITTLE BIT MORE AND, UH, THE WIDTH OF THE RIGHT OF WAY WAS DETERMINED.
SO THEN, UM, MONTHS WENT BY AND IN MAY MR. VOLKER REACHED OUT TO ME, THE PUBLIC WORKS PROGRAM MANAGER TO ASK ABOUT OTHER OPTIONS FOR REMOVING THE TREES AND THE RIGHT OF WAY.
UM, OTHER FOLKS, UH, DSD, THE CITY ARBORIST.
UH, ALSO MY CERTIFIED ARBORIST WITHIN PUBLIC WORKS.
WE GOT TOGETHER, TALKED ABOUT THIS DECISION, UH, TO REMOVE THE TREES AND DECIDED THAT THEY SHOULD STAY BECAUSE BASICALLY THEY WERE HEALTHY TREES.
UM, AND IN MAY, THAT WAS VERY PHYSICALLY OBVIOUS AS WELL.
UM, BUT IN AUGUST WE WENT BACK, I ACTUALLY VISITED THE SITE IN PERSON WITH ANOTHER PUBLIC WORKS, FORESTRY CERTIFIED ARBORIST, AND WE ASSESS THE CONDITION OF THE 20 INCH COTTONWOOD TREE.
AND THIS TREE HAD TIGHT MARK, GOOD, NO EVIDENCE OF A DISEASE INSECTS, FUNGAL CONKS.
UH, THE CANOPY WAS MODERATELY DANCED WITH HEALTHY GREEN LEAVES, AND THERE WAS NO EVIDENCE OF LARGE BRANCH FAILURE.
AND THESE ARE ALL THE THINGS THAT AS A CERTIFIED ARBORIST AND AS SOMEBODY WHO IS TREE RISK ASSESSMENT QUALIFIED IT'S ME.
THESE ARE SOME OF THE PARAMETERS, THE MAIN PARAMETERS THAT WE USE FOR ASSESSING A HEALTHY TREE.
AND, UH, FOR THOSE REASONS, UH, AGAIN, UH, PERMISSION WAS DENIED TO REMOVE THE 20 INCH COTTONWOOD TREE, WHICH IS WHY WE'RE ALL HERE TODAY, UH, TO, TO DECIDE ON THE FATE OF THE 20 INCH COTTONWOOD TREE.
AND IF YOU SCROLL DOWN, YOU CAN GET A GOOD, UH, LOOK AT THAT TREE, HOW IT LOOKED ON AUGUST 26TH, UH, IN THE SUMMER, MR. FAULKNER'S HOUSE IS IN THE BACKGROUND AND THE TREE, OF COURSE, IN THE FOREGROUND.
ALL RIGHT, WE'LL GO TO, UH, THE APPELLANT NEXT PATRICK POKER ON THAT'S THE ORDER OF OPERATIONS, RIGHT? CHRIS? YES.
VICE CHAIR, MR. FULKER, IF YOU'RE THERE, PLEASE UNMUTE AND SPEAK AND THEN LET US KNOW AND WE'LL GET YOUR PRESENTATION STARTED AND I'LL STAY COORDINATED WITH YOU.
CAN YOU GUYS HEAR ME? WE CAN'T HEAR YOU ONE SECOND WHILE WE GET YOUR PRESENTATION LOADED.
YOUR PRESENTATION IS ON THE TITLE SLIDE.
JUST SLIDE ONE, PLEASE JUST TELL US TO ADVANCE AND WE WILL, AND YOU WILL HAVE FIVE MINUTES.
SO, UH, I'M TRYING TO APPEAL THEIR DECISION ON THIS TREE.
AND, UM, I'M A LITTLE DISAPPOINTED BECAUSE HER PRESENTATION DOESN'T EVEN COVER MOST OF THE TOPICS THAT REVOLVE AROUND THIS.
UM, SLIDE TWO, IF YOU GUYS GO TO SLIDE TWO, THIS IS JUST A, AN ARTICLE THAT TALKS ABOUT, UM, UNFORTUNATELY SOME ATTRIBUTES OF COTTON RETREATS THAT JUST MAKE THEM UNSUITABLE FOR URBAN ENVIRONMENTS.
AND IF YOU LOOK AT THE BOTTOM HIGHLIGHTED IN RED, YOU CAN SEE THAT THEY'RE NOTORIOUS FOR, UM, THEIR ROOTS DESTROYING PIPES.
AND I'VE BEEN HAVING MANY PROBLEMS WITH THESE TREES AND MY PIPES SLIDE THREE IS JUST A VISUAL OF THE TWO TREES AND WHERE THEY'RE AT, UH, LISA KIND OF ALREADY SHOWED YOU THAT SLIDE FOUR.
I'M JUST STATING HERE THAT THESE TWO TREES HAVE BEEN DAMAGED IN MY PIPES.
THEY'D BEEN DOING SO FOR A WHILE.
AND THE, UH, THE URBAN FORESTER WAS IMMEDIATELY DISMISSIVE OF THESE FACTS.
FIVE, FIVE IS AN EMAIL FROM LISA, UH, IN MAY WHEN I WAS TRYING TO REACH OUT TO HER ABOUT MY ROOT PROBLEMS. AND AS YOU CAN, I MEAN, IF YOU CAN JUST READ WHAT SHE'S SAYING HERE, SHE'S BASICALLY SAYING YOU'RE NOT HAVING ANY PROBLEMS. UH, AND BASICALLY IF YOU DON'T
[01:20:01]
LIKE IT, GO TO YOUR COUNCILMAN.I WANT TO POINT OUT THAT NO ONE HAD ASSESSED MY PIPES AT THIS POINT.
AND SHE HAD NEVER TO MY PROPERTY.
THIS IS A PICTURE OF THE 34 INCH TREE AND ITS ROOT LOCATION RIGHT NEXT TO MINE.
AND MY NEIGHBOR'S WATER METER.
UH, I TRIED TO MENTION THAT IT WAS BENDING MY VOWELS ON THE SURFACE.
IT WAS VISIBLE, BUT THEY, THEY WERE NOT PERSUADED BY THAT.
SO I WAS ABLE TO GET AUSTIN WATER TO ASSIST ME.
IF YOU LOOK AT SLIDE SEVEN, WHEN THEY EXCAVATED THESE ROUTES, YOU CAN CLEARLY SEE THAT MY PIPES ARE BEING DAMAGED.
UM, IF YOU GO TO SLIDE EIGHT, IT'S JUST ANOTHER ANGLE OF THE SAME SITUATION.
SLIDE NINE IS A PICTURE OF THE 20TH STREET AND THE LARGE ROOT SLIDE.
10 IS A CLOSE-UP OF THAT SAME ROUTE AND ANOTHER ROUTE THAT'S ACTUALLY RIGHT THERE.
AND THE YELLOW LINE IS JUST INDICATING, UH, THE LOCATION OF MY WATER MAIN FOR YOUR REFERENCE SLIDE 11.
UH, I'M JUST MENTIONING HERE THAT, UH, I HAD TO SEEK ASSISTANCE FROM AUSTIN WATER AFTER THEY SAW THE PICTURE, THEY DECIDED TO REASSESS MY SITUATION.
THAT'S WHEN THEY CAME OUT IN AUGUST AND AFTER, UH, LISA'S VISIT, IF YOU GO TO SLIDE 12, THIS WAS THEIR RESPONSE AS TO HOW THEY WERE GOING TO TREAT THE SITUATION.
AND IN IT, THEY'RE SAYING THAT THEY AGREE THAT THE 34 INCH TREE IS DAMAGING MINE AND MY NEIGHBOR'S PIPES AND WILL CONTINUE TO DO SO.
AND THEY'RE STATING THAT THE COST TO RELOCATE THE WATER MAINS EXCEEDS THE VALUE OF THE TREE.
THEREFORE, UNFORTUNATELY, THE TREE HAS TO BE REMOVED.
THEY'RE SAYING THOUGH, THEY CANNOT JUSTIFY THE SAME CRITERIA FOR THE 20 INCH TREE SLIDE 13.
UH, JUST ME, UH, RESTATING, UH, KIND OF WHAT I READ THERE.
THEY, THEY DECIDED TO REMOVE THE 34 INCH TREE AND NOT THE 20 INCH, NO ADDITIONAL DOCUMENTATION OR EXPLANATION WAS GIVEN TO SUPPORT THEIR DECISION TO ME.
I ASKED LIKE, WHY CAN'T WE APPLY THE SAME CRITERIA? NOTHING.
UH, THE URBAN FORESTER MENTIONED EXCAVATING THE ROOTS OF THE 20TH STREET TO BE CERTAIN WHAT'S GOING ON THERE.
UH, BUT THEY, THEY NEVER DID BEFORE THEY MADE THEIR DECISION.
AND I JUST FEEL LIKE THE SAME CRITERIA CAN AND SHOULD BE USED TO JUSTIFY AND REMOVE THE 20 INCH TREE, THEIR CRITERIA SLIDE 14.
UH, THEY'RE BASICALLY SAYING THE COST OF RELOCATING THE WATER MAIN EXCEEDS THE VALUE OF THE 34 INCH TREE.
WELL, THIS IS ALSO TRUE FOR THE 20TH STREET.
UH, BOTH TREES ROOTS ARE ON MY WATER LINE AND MY WATER LINES HAVE BEEN DAMAGED MULTIPLE TIMES AND THEY WILL CONTINUE TO CAUSE DAMAGE TO MY PIPES.
UH, THE URBAN FORESTER, UH, ACQUIRED WITH MR. ELVIS HAD ALSO HAD WATER ABOUT THIS 20 INCH TREE AND ITS ABILITY TO AFFECT MY PIPES IN THE FUTURE.
15 IS THE EMAIL THAT LISA SENT TO MR. ALVIS ASKING ABOUT IT.
SLIDE 16 IS AN EMAIL MR. ELVIS SENT TO ME, UH, RE REHASHING THE CONVERSATION THAT HE HAD WITH LISA AND, AND IN IT, HE STATED THAT IN HIS EXPERIENCE, THE TREE ROOTS, LIKE THE FOLLOW, THE TRENCH LINES OF THESE PIPES, AND THEY'RE ATTRACTED TO THEM, AND THIS IS TRUE FOR ALL TREES, BUT WHICH MY COTTONWOODS SEEM BE DOING AS WELL.
BUT THEN AGAIN, COTTONWOODS ARE NOTORIOUS FOR DESTROYING PIPES.
SO THEIR ROOTS BEING OVER THERE IS CAUSING A LOT OF PROBLEMS. MR. ELVIS PROVIDED THE COST TO RELOCATE BOTH MINE AND MY NEIGHBOR'S WATER MAIN, THE TOTAL COST WAS 20 POINTS ON SLIDE 17.
UH, THE TOTAL COST IS 23 K, BUT IF YOU BREAK DOWN JUST THE COST FOR MY WATER METER, IT'S 15 K ON SLIDE 18, THE AUSTIN ENVIRONMENTAL CRITERIA, MANUAL STATES, HOW TO VALUE A TREE, THE TEXTS IN HERE, I JUST PASTED IT FROM THE MANUAL ITSELF.
BUT BASED ON WHAT I'VE READ IN THERE, THE 20 INCH TREE IS WORTH $4,000 SLIDE 19.
I'M JUST EVALUATING THE COST TO RELOCATE THE PIPES VERSUS THE COST OF, OR THE VALUE OF THE TREE, WHICH WAS THE SAME CRITERIA FOR THE 34 INCH TREE.
AND AS YOU CAN SEE, YOU KNOW, THE COST JUST TO REALLY SEE THE 15 K I WANT TO POINT OUT IS JUST THE COST TO THE CITY.
IT'S GOING TO COST ME PROBABLY THREE TO FIVE GRAND TO MAKE MY PIPES MEET THE NEW METER LOCATION.
SO THIS ISN'T A TRIVIAL AMOUNT OF MONEY.
UM, YOUR THREE MINUTES IS UP, BUT I'LL EAT IT TO WRAP UP.
I JUST REQUEST THAT THE SAME CRITERIA USED TO WARRANT LIEU OF THE 34TH STREET BE SIMPLY APPLIED TO THE 20TH STREET AS WELL.
SLIDE 20, I, THIS IS THE LAST SLIDE, THE URBAN FORESTER WISHES TO PRESERVE THIS TREE, THE URBAN FOREST OR STATES THAT I CANNOT CUT THE ROOTS DOING.
SO WITH DAMAGE A TREE AND I WOULD BE LIABLE FOR ANY DAMAGE RELOCATING THE WATER LINE IS THE ONLY SOLUTION I KNOW OF TO PRESERVE THE TREE, BUT THE COST TO DO SO VERSUS THE TREES VALUE IS NOT THE MOST PRUDENT USE OF CITY RESOURCES.
NO SOLUTIONS TO THIS ISSUE ARE CURRENTLY BEING OFFERED.
I ASKED THE COMMISSION TO PLEASE GRANT REMOVAL OF THIS TREE IN ORDER TO RESOLVE THIS MATTER.
[01:25:01]
SHOULD WE GO TO KEITH MOORE'S NEXT? OR, UM, YEAH, VICE HERE.I THINK YOU CAN ASK QUESTIONS OF ANY STAFF OR THE APPLICANT AS YOU WISH AT THIS POINT.
LET'S OPEN IT UP TO QUESTIONS.
I HAVE A FEELING OF A BUNCH OF FOLKS ARE GOING TO HAVE QUESTIONS ON THIS.
SO I'M GOING TO RUN THROUGH THE, UH, OUR, UH, ROSTER HERE, UM, TO BE FAIR.
WE CAN, WE MAY HAVE APOLOGIES.
WE MAY HAVE COMMISSIONER MAY SEE YOU ON THE PHONE.
UH, I BELIEVE SHE'S TRYING TO JOIN US BY PHONE.
UM, I WILL MAKE SURE TO CALL HER, UH, WHEN WE GET DOWN TO HER AND PERFECT.
DO YOU HAVE QUESTIONS? HELLO, KATIE? SHE, I JUST STILL SEE HER NAME.
UH, FIRST TIME I WAS ABLE TO GET ON, SHE'S BEEN UN-MUTED SINCE TWO O'CLOCK.
CAN WE VERIFY SHE WAS, SHE IS ABLE TO SPEAK OR NOT AT THIS POINT YOU GOT, HEAR ME SORT OF, NO, THAT'S OKAY.
I JUST WANTED TO MAKE SURE, CAUSE I I'VE BEEN LISTENING FOR 30 MINUTES, BUT NO ONE CAN HEAR ME, SO, OKAY.
I HAVE A QUESTION FOR, UH, I GUESS, UH, CITY, UH, I'M CONFUSED RIGHT NOW.
IS THE TREE HEALTHY OR IS THE TREE NOT HEALTHY DUE TO THE ISSUES ABOUT THE FUNGUS? I CAN SPEAK TO THAT.
UM, LISA, THERE IS NO FUNGUS ON THE HEALTHY 20 INCH DIAMETER, COTTONWOOD, NO VISIBLE FUNGUS.
AND THEN THERE ON ONE OF THE SLIDES, THERE SEEMS TO BE, THE ROOTS HAD BEEN EXPOSED AND THEY THINK TO HAVE SOME CUTS ON THEM.
IS THAT JUST MY IMAGINATION? NO, NO.
THAT, THAT ROUTE CAME TO THE SURFACE AND IT LOOKS LIKE, UH, THE LAWNMOWER WENT OVER IT, UM, A COUPLE OF TIMES OR SO, AND YEAH, THE ROOT IS DAMAGED.
I'M NOT REALLY SURE THOUGH WHETHER THAT ROUTE GOES TO THE 34 INCH TREE OR THE 20 INCH TREE.
I HAVE A QUESTION COMMISSIONER MESSINA NEXT, GO AHEAD.
YEAH, I JUST WANTED TO ASK IS THE PART THAT'S IN QUESTION IS A THREE QUARTER INCH WATER LINE, IS THAT CORRECT? WELL, THE TREE, THE 20 INCH TREE IS APPROXIMATELY 40 FEET AWAY FROM WHERE THE WATER TAPS ARE.
I SEE THAT'S AN, THAT'S AN INCORRECT STATEMENT THAT FROM WHERE THAT ROOT IS ON MY PIPE, ON MY WATER LINE, IT'S 18 FEET.
I GUESS THE POINT I'M MAKING IS WATERLINE.
THAT'S A REALLY SMALL WATER LINE AND THEY'RE REROUTED ALL THE TIME.
SO THAT WAS JUST THE COMMENT I WISH TO MAKE.
ANY OTHER QUESTIONS OR COMMENTS MR. MACIO, UH, WE'LL GO TO COMMISSIONER SMITH NEXT.
UM, I GUESS MY QUESTION, UH, FOR THE CITY IS LIKE, I DON'T KNOW THAT MUCH ABOUT COTTONWOODS.
I DON'T FEEL LIKE I HAVE A LOT OF EXPERIENCE AND I'VE LOOKED THROUGH THE, UH, APPLICANTS OR WHATEVER, THEN WE'LL WORK CALLING HIM.
BUT, BUT HIS, HIS PR IS ALL THIS STUFF ABOUT THE TREE.
I MEAN OUR, OUR COTTONWOODS, I MEAN, WHAT ARE THEY GOOD TREES AND THE BAD TREES.
TELL ME ABOUT A LITTLE BIT MORE ABOUT COTTONWOODS.
I MEAN, THAT'S A QUESTION FOR KEITH MARS.
THAT'S WHAT I WAS HOPING TO GET.
UH, HELLO COMMISSIONER, KEITH MARS, UH, CITY OF AUSTIN DEVELOPMENT SERVICES DEPARTMENT.
UM, I ACTUALLY WILL DEFER TO LISA CALENDAR BECAUSE SHE DOES ACTUALLY MANAGE THESE TREES AND THE RIGHT AWAY.
BUT I CAN TELL YOU THAT KNOW COTTONWOOD IS, IS A NATIVE TREE.
IT IS CONSIDERED WHAT WE CALL AN APPENDIX F NATIVE TREE.
UH, TYPICALLY WE DO SEE IT, UH, MORE IN THE, THE BOTTOM LANDS.
[01:30:01]
OF THAT ALONG CREEKS, UM, ALONG THE RIVERS, THEY ARE IN, UH, THEY ARE IN FRONT YARDS, LIKE THESE ARE, AND THEY'RE THERE FOR DIFFERENT REASONS.ONE IS, UH, THEY, THEY, THEY CAN, UH, THEY CAN SPREAD EASILY THAT THEY TEND TO GROW.
WHEN YOU SEE THEM IN THE, IN THE, UH, WHAT WE CALL THE UPLAND SAY FRONT YARDS, THEY DO TEND TO BE, UH, IN, UH, DRAINAGE EASEMENT, UH, OR THEY, UM, OR THEY WERE JUST SIMPLY PLANTED, UH, FOR, FROM NEARBY SEEDSTOCK.
UM, WE, UM, THE MAJORITY OF TIME WHERE I HAVE SEEN THESE INSTANCES AND ISSUES WITH COTTONWOOD HAS PRIMARILY BEEN, UM, DEVELOPMENT, UH, ALONG THE LAKE, UH, OR, YOU KNOW, ALONG ONE OF OUR LARGER CREEKS, BUT IN TERMS OF THE SPECIES INHERIT CHARACTERISTICS OF THE SPECIES AND EXPERIENCE ACTUALLY MANUALLY MANAGING THEM, LEARNING TO DEFER TO MY COLLEAGUE, LISA CALENDER IN PUBLIC WORKS.
WELL, THERE'S, THERE'S COTTONWOODS ALL OVER AUSTIN IN, IN ALL SCENARIOS.
UM, BOTTOM LANDS UP LANDS, AND, UM, BUT AGAIN, AS KEITH SAID, THEY ARE A NATIVE TREE.
THEY ARE PROTECTED TREE AND IT IS, UH, PUBLIC WORKS, FORESTRY DUTY OF CARE TO PROTECT ALL OUR NATIVE TREES IN GOOD HEALTH AND THE RIGHT OF WAY.
THAT'S THAT'S ABOUT ALL I HAVE TO SAY.
THANKS, COMMISSIONER, UH, COMMISSIONER MACIO, UH, I'LL LOOK BACK AROUND.
IS IT PERTINENT TO WHAT WE JUST TALKED ABOUT? OKAY.
UM, I JUST WANTED TO SAY, I DON'T, I DON'T KNOW THAT, YOU KNOW, TREES ARE GOOD OR BAD.
IT HISTORICALLY COTTONWOODS WERE, I MEAN, THEY'RE, THEY'RE, THEY'RE PRETTY FAMOUS IN THE STATE AND THEY WERE USED TO MAKE WAGON WHEEL.
SO, UM, THEY, THEY HAVE A LOT OF HISTORY THERE AND I HAVE A HUGE COTTONWOOD TREE IN THE BACK OF MY ART STUDIO YARD AND THE WHOLE AREA WHERE I LIVE HAS IT HAS A DRAINAGE AND IT WAS JUST MASSIVE COTTONWOODS OVER 45 SEATS ALL ALONG THAT AREA.
AND I'VE JUST NEVER EXPERIENCED ANY SORT OF PROBLEMS WITH, UH, SUCH AS THE APPLICANT DESCRIBES OF, UH, OF THE HORRORS OF THESE TEAS.
SO I JUST WANTED TO MAKE THAT, MAKE THAT COMMENT.
CAN YOU JUST REFRESH OUR MEMORY ON WHAT CODE SAYS ABOUT ADMINISTRATIVE REQUESTS FOR REMOVAL AND, AND WHAT THE BURDEN NEEDS TO BE, UH, TO GET THAT APPROVED? WHAT CRATES, WHAT WOULD TRIGGER THAT ACTUALLY GETTING APPROVED? VICE-CHAIR THIS IS CHRIS HARRINGTON, SO THIS IS A TITLE SIX MATTER.
SO IT IS DIFFERENT THAN THE TITLE 25, UH, REMOVAL REQUEST.
THERE IS NO REQUIRED FINDINGS OR GUIDANCE TO YOU IN THIS SITUATION.
SO TITLE SIX DOES CREATE A DUTY TO PROTECT A PUBLIC TREE.
UM, IT DOES CREATE PROVISIONS TO ADDRESS NUISANCE TREES, AND THEN IT DOES PROVIDE PROVISIONS FOR, UH, ANYONE TO APPEAL A DECISION OF THE URBAN FORESTER WITH REGARD TO A PUBLIC TREE.
AND THAT'S THE MATTER HERE BEFORE YOU.
SO, UNFORTUNATELY I DO NOT HAVE BETTER GUIDANCE FOR YOU FROM CODE BECAUSE IT CODE DOES NOT PROVIDE THAT.
AND LISA OR KEITH, IF THERE'S ANYTHING ELSE ON, IN THAT REGARD THAT YOU'D LIKE TO, UM, CHIME IN ON, PLEASE DO ANYTHING FROM THE LEASER KEYS ON THAT.
UM, I, I JUST AGREE WITH CHRIS THAT THAT'S, I'VE BEEN WITH THE CITY ABOUT 18 MONTHS.
I'VE BEEN AN ARBORIST FOR OVER 10 YEARS AND, UM, YEAH, THERE'S NO TREE IS PERFECT.
UH, ALL SPECIES HAVE SOMETHING MAYBE WE DON'T LIKE ABOUT THEM, LIKE THE, THE POLLEN WITH JUNIPER BURRS.
AND, UM, BUT COTTONWOODS ARE DEFINITELY HERE FOR A REASON.
THEY FORM A NICHE IN THE ENVIRONMENT.
THEY PROBABLY SUPPORT ALL KINDS OF INSECT AND BIRD LIFE THAT WE JUST DON'T KNOW ABOUT.
UM, I'VE NEVER HAD A REAL BIG PROBLEM WITH COTTONWOODS MYSELF.
UM, THEY DO GET OLD AFTER A WHILE WHEN THEY GET OLD, THEY START TO FALL APART AND THEN THEY COULD BECOME DANGEROUS.
BUT THESE TREES ARE NOT OLD COTTONWOODS.
THE 20 INCH TREE IS NOT AN OLD COTTONWOOD FOR THANKS,
[01:35:04]
MICHELLE COIN.SO WE'RE LOOKING TO CLARIFY, WE'RE JUST LOOKING AT THIS ONE, COTTON THREE, THE 20 INCH ONE, CORRECT.
YOU'RE THE ONLY APPEAL IN QUESTION BEFORE YOU TODAY IS THE DENIAL OF THE REMOVAL REQUEST BY MR. FULKER FOR THE 20 INCH COTTONWOOD TREE.
SO YOUR DECISION IS WHETHER TO GRANT, I ASK A QUESTION.
OH, JUST, JUST THAT, UH, QUESTION.
I'M WONDERING IF, IF WE DENY IT, IS THERE A WAY WE COULD ADD A CONDITION, SOME CONDITIONS TO THE DEMO? SO LIKE, IF WE DENY IT, WE COULD SAY A RECOMMENDATION AS EVERY SIX MONTHS, THE CITY ARBOR, WELL, ASSESS THE TREE TO ENSURE THAT THE FUNGUS HAS GROWN OR THAT THERE IS DISEASE FREE OF ANYTHING LIKE THAT.
THE FUNGUS, THE FUNGUS WAS ONLY ON THE 34 INCH, NOT THE 20TH, RIGHT THERE WAS, THERE WERE, THERE WERE NO FUNGAL CONKS OBSERVED ON EITHER OF THOSE TWO TREES OR THERE WERE THE, MAYBE SHE SAW FUNGAL COX.
THERE WAS NO FUNGUS OBSERVED ON THE TREES.
UM, YEAH, WE'RE, WE'RE NOT REALLY DISCUSSING THAT WHEN THAT MATTER WAS SETTLED INTERNALLY.
BUT ON THE 20 INCH TREE, EVEN THOUGH THERE'S NO NONE NOW IS IN AN ORDER TO, TO ENSURE THAT WE'RE PLEASED PROACTIVE WITH THIS TREE.
IS THERE ANY CON ANYTHING WE COULD DO REGARDING A RECOMMENDATION TO HAVE THE, THE TREE GIVEN MORE MAINTENANCE AND THE RIGHT OF WAY FOR THE FUTURE TO ENSURE THE TREE CONTINUES TO BE HEALTHY? SHOULD THIS BE DENIED? I GUESS THAT'S WHAT I'M TRYING TO ASK FOR ME WITH THE WAY I'M HEARING.
WHAT YOU'RE SAYING IS THAT THERE'S NO REASON TO BELIEVE THAT IT WOULDN'T CONTINUE TO BE HEALTHY AND THAT IT STILL IS A RELATIVELY YOUNG COTTONWOOD.
I HAVE QUESTIONS WHEN THERE'S AN OPPORTUNITY.
I'M TRYING TO MOVE ASIDE AND YOU'RE NEXT ON MY LIST.
SO LET'S MOVE ON TO QUESTIONS AND IF WE NEED TO LOOP BACK AROUND, WE CAN, WE'LL GO TO COMMISSIONER GORDON NEXT.
I HAVE A SERIES OF QUESTIONS BECAUSE I GUESS PARTLY I'M TRYING TO ESTABLISH A FEW WILL ALMOST LIKE CAUSING AN EFFECT HERE.
UH, I'M, I'M SYMPATHETIC TO THE APPELLANT HERE, YOU KNOW, AND, AND I SAY THAT WITH ALL SINCERITY, YOU KNOW, A AS A BOTANIST AND B ALSO AS A HOMEOWNER AND, UH, YOU KNOW, A COTTONWOOD IS A NATIVE TREY.
IT'S ALSO PRIMARILY AS WE'VE HEARD, IT'S A RIDE PERRY AND TREY.
AND JUST BECAUSE SOMETHING'S A NEED OF TREE, YOU KNOW, DOESN'T MEAN IT SHOULD BE GROWING EVERY PLACE THAT IT'S GROWING.
AND, YOU KNOW, AS I SAY, I'M, I'M TRYING TO ESTABLISH SOME, SOME CHAIN HERE TO UNDERSTAND REALLY WHERE WE ARE IN TIME WITH THIS TREE.
SO IF THE 20 INCH TREES, A RELATIVELY YOUNG TRAY OR A YOUNGER TRAY AM CURIOUS ABOUT HOW OLD WE THINK THAT TREE MIGHT BE.
AND IF WE KNOW ANYTHING ABOUT THE ORIGIN OF THAT TRAY, I MEAN, DID IT JUST NATURALLY SEED ITSELF IN THAT LOCATION OR DID IT AT SOME POINT SOMEBODY PLANTED IT AND WHETHER THAT WAS THE DEVELOPER OR SOME PRIOR LAND OWNER OR SO FORTH.
AND, AND AGAIN, THE AGE OF THAT TREE IS SAY RELATIVE TO THIS STREET, THIS DEVELOPMENT, UH, EVEN THE HOMEOWNERS, YOU KNOW, THE AGE OF THAT HOUSE, UH, BECAUSE, YOU KNOW, I SAY, IN MY OPINION HERE, I FEEL LIKE, YOU KNOW, SOME, SOME SYMPATHY OR EMPATHY HERE TOWARDS THE HOMEOWNER, YOU KNOW, IS APPROPRIATE BECAUSE IF IT SEEMS THAT WE DO HAVE A NUISANCE TRAY AND COTTONWOOD, JUST BECAUSE MAYBE THEY'RE NOT A NUISANCE AND COMMISSIONER KCS BACKYARD DOESN'T MEAN THAT THEY AREN'T A KNOWN NUISANCE.
UH, SO I'D LIKE MORE BACKGROUND.
WOULD YOU, WOULD YOU LIKE ME TO APPELLANT TO ANSWER THAT, UH, I'D LIKE TO HEAR FROM, FROM, FROM ANYBODY WHO HAS INFORMATION TO SHARE, SO SURE.
YOU CAN GO AHEAD AND THEN THE CITY STAFF WANT TO ADD ANY.
SO, SO I PURCHASED THE HOME IN 2006 WHEN THE TREE WAS ALREADY THERE, BUT MY NEIGHBORS HAVE LIVED HERE FOR,
[01:40:01]
OH GOD, CLOSE TO 40 YEARS NOW.AND THEY'RE UNDER THE IMPRESSION THAT THE TREE WAS GERMINATED FROM A NEARBY COTTONWOOD AND A DRAINAGE DITCH ABOUT PROBABLY THREE OR 400 YARDS AWAY.
AND, UH, AND SO IT JUST GREW JUST RANDOMLY, UH, AND IT WAS ABOUT 1990.
AND MY UNDERSTANDING OF THESE TREES IS ANYWHERE FROM 30 TO 60 IS THEIR LIFESPAN.
THEN, YOU KNOW, THAT'S A BIG RANGE, BUT IT'S A SHORT-LIVED TREE.
UM, AND LIKE I SAID, I JUST WANTED TO SINCERELY TELL YOU THAT THESE PROBLEMS I'M HAVING ARE GENUINE.
I'M NOT LIKE I DIDN'T GO THROUGH ALL THIS TROUBLE FOR NO REASON.
I SAID, I REALLY HOPE YOU GUYS UNDERSTAND THAT I'M NOT, I'M NOT DOING THIS JUST WASTE EVERYBODY'S TIME.
LIKE, AND I REALLY APPRECIATE YOU, YOU KNOW, SYMPATHIZING BECAUSE THAT'S, YOU KNOW, I DON'T KNOW.
I FEEL LIKE THAT'S, WHAT'S BEEN LACKING UP UNTIL THIS POINT.
LIKE NO ONE UNDER THE, NO, ONE'S LIKE CONSIDERING THAT THIS IS A SERIOUS PROBLEM FOR ME.
UH, IF IT'S APPROPRIATE, THIS IS LISA, UM, THE 34 INCH TREE COULD IN THE FUTURE.
CAUSE SOME PROBLEMS ONLY THAT CAME TO LIGHT WITH THE WATER EXCAVATION THAT WAS DONE AROUND IT.
AND HE, MR. VOLCKER HAD SOME, UH, PICTURES OF THAT.
THE, YOU KNOW, THE SUPPORT ROUTE, UH, BUTTRESSING GROUP IS VERY CLOSE TO THE TAPS AND THERE'S WATER LINES.
SOME VERY SMALL WATER LINES RUNNING THROUGH SOME OF THE ROUTES.
UM, SO THAT DECISION HAS BEEN MADE ABOUT THAT TREE, THE 20 INCH TREE, AS FAR AS I CAN TELL WITHOUT EXCAVATING THE WHOLE ROOT SYSTEM, AS, I MEAN, I, I CAN'T, I ONLY HAVE TO SAY THAT WE CAN MONITOR THE TREE, BUT IS IT CAUSING DAMAGE? I DON'T KNOW THAT ALL I KNOW IS IT'S A VERY HEALTHY YOUNG TREE AND NOT WHEN I SAY YOUNG AND HE'S RIGHT, IT'S PROBABLY ABOUT 30 SOME YEARS OLD AND COTTONWOODS, UM, CAN LIVE FAR LONGER THAN 60 YEARS.
THEY CAN GO A HUNDRED PLUS YEARS.
UM, I KNOW THEY'RE REALLY NOT A SHORT-LIVED TREE AND THEY'RE A GRAND TREE.
AND, UM, THEY ARE BELOVED, UH, FOR THEIR SHADE BY MANY PEOPLE, BUT I CAN'T, ALL I CAN DO IS GO BY ASSESS THAT TREE, THE 20 INCH TREE FROM THE GROUND UP.
AND FROM WHAT I'M SEEING, IT'S NOT A RISKY TREE.
UH, AGAIN, I CAN'T GO UNDERGROUND AND SEE WHAT'S HAPPENING, BUT IT'S NOT A RISKY TREE TO THE HOMEOWNER TO PEDESTRIANS, TO VEHICLES.
AND THAT'S TYPICALLY HOW WE ASSESS RISK WITHIN PUBLIC WORKS RIGHT AWAY.
UM, AND THAT'S, AGAIN, THIS IS A SOMEWHAT UNUSUAL CIRCUMSTANCE, BUT, UM, THERE'S NOTHING WRONG WITH THAT TREE.
AND IT IS RELATIVELY FAR AWAY FROM THE WATER UTILITIES, THE TAPS.
THAT'S ALL I CAN SAY AT THIS POINT.
AND, UM, THAT'S WHERE, YEAH, THAT'S, I DON'T WANT TO SPEAK AS SOMEBODY WHO KNOWS ABOUT WATER SYSTEMS AT ALL.
THANK YOU, MICHELLE GORDON, DO YOU HAVE OTHER QUESTIONS? SO NOW I'M GOING BACK THROUGH THE DOCUMENTATION HERE.
HE WANT US TO MOVE BACKGROUND TEETH.
YEAH, I JUST WANT TO SAY SO, UM, SAY URBAN FORESTER INQUIRE WITH MR. ALVIS HAD AUSTIN WATER WAS TOLD THAT THIS 20 INCH TRAY WILL MOST LIKELY CONTINUE TO CAUSE ME PROBLEMS. AND THERE WAS SOME THING THE RIGHT THERE WAS SOMETHING OR THE NODES I WAS ASKED IF I, I WAS ASKED IF EXPOSED BOTH ROOT SYSTEMS, WHAT MY THOUGHTS WERE ABOUT THE SECOND SMALLER TREE AND THE POSSIBILITIES OF ROOT INTRUSION THROUGH PAST EXPERIENCE.
I EXPRESSED THAT I WASN'T AN R THAT I WASN'T THAT EXPRESSED IT WASN'T AN ARBORIST, BUT IT HAS BEEN EXPERIENCED IN EXCAVATIONS THAT WE FIND ROUTES.
ISN'T GENERALLY TAKE THE PATH OF LEAST RESISTANCE AND THAT TRENCH LINES FOR WATER AND WASTEWATER SYSTEMS CAN FILTER AND HOLD GROUND WATER.
AND THE BEDDING MATERIAL IS ACCESS AND ATTRACTING FOR ROOT SYSTEM IS AS THEY SEE MR. UH, AND I GUESS, UM, BECAUSE I KNOW THERE'S A LOT OF DIFFERENT DOCUMENTATION HERE, SO, UM, AGAIN, MAYBE FOLLOW UP QUESTION FOR HERE.
IT SAYS THE 20 INCH TREE DOES NOT APPEAR TO BE AFFECTING MY NEIGHBORS WATERLINE, BUT ITS ROOTS ARE OVER MY PIPES AND SUSTAINED MULTIPLE BREAKS AND WILL MOST LIKELY CONTINUE TO DO SO.
SO I GUESS MAYBE MY FOLLOWUP QUESTION HERE IS FROM THE APPELLANT A LITTLE MORE INFORMATION ABOUT, I GUESS, HOW MANY TIMES THE 20 INCH TREE HAS CAUSED
[01:45:01]
A PROBLEM AND EXACTLY WHAT THE NATURE OF THAT PROBLEM HAS BEEN.SO IT'S, WE HAVE BOTH THESE TREES AND THEY'RE LARGE ROOTS.
SO IT'S, IT'S HARD TO KNOW EACH TIME WHICH, WHICH ONE WAS CAUSED.
UM, THEY'RE BOTH IN THERE THOUGH, AND THERE'S LOTS OF ROOTS AROUND THOSE PIPES.
AND EVERY TIME I'VE PROBABLY HAD TO DO ABOUT FOUR REPAIRS IN THE LAST 10 YEARS, AND MY NEIGHBOR HAS HAD TO DO A COUPLE OF HIMSELF.
UH, THE IT'S REALLY HARD TO SAY BECAUSE RIGHT IN BETWEEN BOTH THOSE ROOTS, I GO FROM METAL PIPE FROM THE METER TO PDC AND IT, AND IT SEEMS LIKE BOTH THESE ROOTS ARE PUTTING PRESSURE ON THE PIPES AND THEY'RE CRACKING IT AT THAT JUNCTURE, BUT THEY'VE ALSO CRACKED IT IN OTHER PLACES AS WELL.
UM, I MEAN REALLY WHAT, A LOT OF TIMES I'M TYING TO A PLUMBER, I'M NOT DOING THIS TO MYSELF.
AND SO LIKE REALLY WHAT IT IS IS I'M JUST COMING AND LOOKING AT IT, BUT THEY'VE ALREADY DUG IT UP.
SO WHEN THEY DIG IT UP, THERE ARE, YOU KNOW, THEY'RE ALREADY KIND OF DESTROYING LIKE THE EVIDENCE, BUT I'M GETTING BREAKS IN THE LOOK IN THESE LOCATIONS.
SO, YOU KNOW, IN BOTH LOCATIONS.
SO I DON'T, I DON'T, I DON'T KNOW HOW TO EXPLAIN IT, EXCEPT THAT, I MEAN, HOW WOULD YOU FEEL IF YOU SAID TO CONSTANTLY REPAIR PIPES? YEAH, NO, I PERSONALLY WOULDN'T LIKE IT.
SO, SO IT SOUNDS TO ME JUST TO QUICKLY SUM UP HERE.
I MEAN, IT SOUNDS LIKE ONE UNTIL WE GET BACK TO THE KIND OF, HE SAYS, SHE SAYS THE SITUATION IS THAT IT'S, IT'S HARD TO TRACE BACK THESE INDIVIDUAL ROOTS.
I MEAN, OBVIOUSLY THE ROOTS ARE TRAVELING SOME DISTANCE FROM THE TRUNK OF THE TREE.
SO WE DON'T NECESSARILY KNOW, YOU KNOW, IF IT'S ONE TRADER OR BOTH TRAYS THAT ARE CAUSING THE PROBLEM, WHICH OF COURSE BECOMES SOMETHING OF A CONUNDRUM FOR US ON THE, ON THE COMMISSION, BECAUSE NONE OF US WANTS TO SENTENCE IN OTHERWISE HEALTHY TREE TO, TO DEATH, YOU KNOW, AT THE SAME TIME, YOU KNOW, I AM SYMPATHETIC.
DO WE HAVE ANOTHER COMMENT, PLEASE? WE SEE YOU TRYING TO SAY SOMETHING.
NO, I JUST HAVE MYSELF, UM, YOU KNOW, I NEED TO UNMUTE MYSELF I GUESS, OR MUTE MYSELF.
UM, MOVING ON TO COMMISSIONER THOMPSON, NO QUESTIONS.
I THINK FOR THE MOST PART, MOST OF MY QUESTIONS WERE ALREADY ASKED BY OTHER COMMISSIONERS, BUT, UM, I WAS JUST KIND OF CURIOUS ABOUT WHEN IT CAME TO THE REPAIR, THE REPAIRING OF THE PIPES, LIKE IF IT WAS LIKE DETERMINED BY THE REPAIR PERSON, LIKE IF THE ROOTS WERE A PROBLEM OR IF IT WAS KIND OF LIKE A COMBINATION OF THE ROOTS AND ALSO HOW THE PIPES WERE, UM, LAID OUT TO BEGIN WITH, LIKE, IF IT WAS AN, IF THE REPAIR PERSON HAD OFFERED ANY, UM, ANY SUGGESTIONS FOR MAYBE YOUR COURSE OF ACTION, LIKE IF, IF IT WAS SUGGESTED, LIKE MAYBE GET RID OF THE TREE OR IF YOU SUGGESTED, OR HE, OR SHE SUGGESTED GET RID OF LIKE TO MOVE THE PIPES.
UH, THEY, THEY SAID THEY OFFERED ME ONE OF THE REPAIRS.
UH, THEY WERE DIGGING, IT WAS REALLY CLOSE TO THE 34 INDUSTRY.
IT WAS VERY CLEAR THAT THE ROOTS WERE DOING IT.
UM, THEY PROBABLY DIDN'T KNOW IT WAS, UH, A CITY TREE AND THEY PROBABLY DIDN'T KNOW ABOUT THE RULES, BUT THEY WERE OFFERING TO CUT THAT ROUTE FOR ME.
BUT THEY WANTED LIKE, I DON'T KNOW, SIX OR 700 BUCKS.
IT'S LIKE A TREE TRUNK IN ITSELF.
AND, UH, YOU KNOW, THE OTHER REPAIRS.
THEY'RE, I MEAN, THEY'RE, THERE, THEY'LL SAY IT'S ROOTS SOMETIMES, BUT LIKE, ESPECIALLY IN THAT ONE, BUT A LOT OF TIMES THEY'RE JUST THERE TO REPAIR IT AND YOU KNOW, I'M PAYING THEM BY THE HOUR.
SO, UM, IT'S JUST OBVIOUS TO ME WHEN YOU GET IN THERE THAT THAT'S WHAT DOING IT LIKE TH TH THAT'S THE ONLY THING, CAUSE IT, NONE OF MY OTHER NEIGHBORS BESIDES THE ONE, THE OTHER NEIGHBORS, NONE OF THE OTHER NEIGHBORS AND MY COLDEST PACKER, REPAIRING PIPES LIKE THIS, YOU KNOW, UM, I WANT TO POINT OUT TOO, IN THE BIG SLIDE SET THAT I GAVE YOU, $61,000 IN DAMAGE HAS BEEN DONE TO THE WATER MAIN IN OUR CUL-DE-SAC.
WE ARE JUST A SMALL NUB OF A CUL-DE-SAC.
WE HAVE FOUR LARGE COTTONWOOD TREES IN THAT CUL-DE-SAC, THERE'S SIX OTHER CUL-DE-SACS THAT BRANCH OFF MY STREET, SAME INFRASTRUCTURE.
AND I COULDN'T FIND ANY REPAIRS ON THOSE QUARTER SACKS IN A 20 YEAR PERIOD.
SO I WANT TO PUT OUT, BUT THIS ISN'T JUST ME.
THAT'S THE CITY IS BEING, YOU KNOW, IS, IS SPENDING MONEY ON REPAIRS AS WELL, GUY.
IT'S JUST, IT'S A LITTLE, IT'S KIND OF FRUSTRATING.
CAUSE I FEEL LIKE I HAVE NO CONTROL OVER MY PROPERTY RIGHT NOW.
OH, NO, THAT'S UNDERSTANDABLE.
MR. BEDFORD, ANY OTHER QUESTIONS? UH, NO, THAT'S IT.
SO I HAVE A QUESTION ABOUT ONE OF THE THINGS YOU MENTIONED ON THE APPELLANT'S FINAL SLIDE ABOUT MAYBE SOME POTENTIAL OTHER SOLUTIONS.
[01:50:01]
IT SEEMED TO ME THAT MAYBE, YOU KNOW, WE KNOW WHO YOU GOT A PRETTY GOOD IDEA OF WHERE THE WATER LINES IS LINES ARE AND MAYBE CUTTING THE ROOTS AND KIND OF CLEARING THE SPACE AROUND THE LINES MIGHT BE A GOOD COMPROMISE WHERE, YOU KNOW, I'M SURE IT'LL DAMAGE THE TREE, BUT I WOULD HOPE THAT IT WOULD SURVIVE.AND SO MAYBE THAT'S ONE QUESTION IS LIKE, COULD WE CLEAR THOSE ROUTES OR, YOU KNOW, A PATHWAY THROUGH THOSE ROUTES AND EXPECT CERTAIN, YOU KNOW, THEY WOULDN'T IMMEDIATELY DIE OR DIE QUICKLY.
UM, SO I GUESS THAT'S A QUESTION FOR THE ARBORIST OR THE FORESTER.
I CAN ANSWER THAT, UM, YOU KNOW, WE COULD CUT ROUTES.
THAT'LL THAT'LL COME CAUSE DAMAGE, BUT, UM, YEAH, ROOTS ARE EVERYWHERE AND PROBABLY THE COTTONWOODS ACROSS THE STREET FROM HIM.
THERE'S TWO VERY LARGE, VERY HEALTHY, BEAUTIFUL COTTONWOODS, RIGHT ON THE OTHER SIDE OF THE STREET IN THIS CALL TO SAC, UM, I I'D VENTURE A GUESS THAT THEIR ROOTS MAY BE OVER THERE AS WELL.
SO, UM, IT'S KIND OF GOING TO BE LIKE, UM, TECHNICALLY WHACK-A-MOLE TO TRY TO CUT EVERY ROUTE THAT, THAT MAY, YOU KNOW, GROW OVER INTO HIS YARD AND MAY, MAYBE MAY CAUSE A PROBLEM.
UM, UH, I THINK ROOTS DO NOT SEEK OUT PIPES AND CRUSH THEM TO GET THE WATER OUT.
I THINK THAT THE WATERS THERE, BECAUSE THEY'RE LEAKING AND MAYBE THE ROOT THEN GROWS OVER THERE.
UM, SO THAT'S HOW I SEE ROOTS HAPPENING, UH, IN TERMS OF IMPACTING WATER UTILITIES, IT'S EITHER A CRACK THAT OCCURS BRIGHT THAT OCCURS BY THE SOIL.
MOVING OUR SOILS ARE VERY PLASTIC IN THIS AREA THAT THEY HAVE BLACK LAND PRAIRIE CLAY.
AND SO THAT CAN CAUSE PIPES TO, TO BREAK AS WELL, LEAKS TO FORM.
AND THEN TREES ARE JUST BEING ADVANTAGEOUS GROWING TOWARD THAT WATER LEAK.
UM, BUT I DON'T THINK THEY ACTIVELY CRUSH PIPELINES, ESPECIALLY LITTLE PIPELINES.
SO, SO I GUESS MY QUESTION IS MORE ABOUT THE TREE.
SO, SO B YOU MEAN KNOW THERE ARE ROOTS THERE AND IF WE CUT THEM, WHAT IMPACT DOES THAT HAVE ON THE TREE VERSUS WHAT, WHAT IMPACT DOES THE ROOT HAVE ON THE PIPE? WELL, WE CAN CUT THE, I GUESS, UM, NOT WE, I GUESS MR. FOGGER COULD CUT ROUTES WITHIN HIS YARD.
UM, I DON'T KNOW HOW LONG OF A REMEDY THAT'S GOING TO BE.
UH, IF, IF ANY REMEDY AT ALL, UM, WE, WE DON'T CUT ROUTES IN THE RIGHT OF WAY, YOU KNOW, AROUND UTILITIES.
UM, TO MY KNOWLEDGE, WE DON'T DO ROOT PRUNING AND IF YOU CUT THE SUPPORT ROOT OF A TREE, YOU ACTUALLY MAKE IT STRUCTURALLY UNSOUND AND YOU MAKE IT MORE LIKELY TO FALL OVER IN HIGH WINDS.
SO SMALL ROOTS UP TO THREE INCHES CAN BE CUT, BUT ANY LARGE SUPPORT ROOTS, UH, YOU'RE MAKING THE TREE A LIABILITY BY DOING THAT.
I'VE GOT NO, I'VE GOT NO ADDITIONAL QUESTIONS.
ADDITIONAL QUESTIONS, COMMISSIONER.
AMELIA, ARE YOU BACK? I GUESS I HAVE ANOTHER QUICK QUESTION IF I MAY.
SO IT SOUNDS LIKE THE 34 INCH TREE IT'S ALREADY BEEN DECIDED IT'S GOING TO BE CUT DOWN, CORRECT? CORRECT.
HAS IT BEEN CUT DOWN YET OR IS IT, OR IF NOT, WHEN'S IT SCHEDULED TO BE CUT DOWN? IT HAS NOT BEEN CUT DOWN YET.
DO YOU KNOW WHEN IT'S GOING TO BE CUT DOWN? UM, I ACTUALLY DELAYED THAT BECAUSE OF THIS HEARING.
UM, MAYBE SOMEBODY WE MADE A DECISION, BUT MAYBE THERE'S A BETTER DECISION TO BE MADE.
I HAVE ACTUALLY FOLLOW TO THAT, I GUESS, LISTEN TO THIS WHOLE THING.
I'M VERY FRUSTRATED AND MAYBE I'M JUST FRUSTRATED AT THE PROCESS HERE BECAUSE I FEEL LIKE, YOU KNOW, THIS, THIS IS, THIS IS BEING SET UP AS A, AS A WIN LOSE SITUATION.
AND REALLY IN AN IDEAL WORLD, WE'D GO SEND THIS OUT FOR MEDIATION, RIGHT? I MEAN, THERE, THERE IS A NEGOTIATED SOLUTION HERE AND I'M SURE THERE IS, WHICH IS I'M GOING TO CALL IT A WIN-WIN, BUT I JUST FEEL LIKE WE'RE, WE'RE WORKING WITHIN THESE VERY TIGHT CONSTRAINTS.
I MEAN, AT THE END OF THE DAY, I DON'T THINK THERE'S HOPEFULLY ANYBODY PARTICIPATING HERE WHO, YOU KNOW, WISHES THE APPELLANT HARM.
YOU KNOW, NOR, UM, I DON'T THINK, YOU KNOW, ANY OF US WISH HIM TO HAVE TO PAY EXCESSIVE AMOUNTS OF MONEY OVER SOME PERIOD OF TIME, SEE HIS PIPES CONTINUALLY BROKEN SO FORTH.
[01:55:01]
WE HAVE AN INTEREST IN KEEPING, YOU KNOW, OUR, OUR HEALTHY TREE CANOPY IN INTACT, YOU KNOW, WHEN AND WHERE WE CAN.SO, YOU KNOW, IT JUST STRIKES ME THAT THERE THERE'S GOTTA BE SOME WAY TO DEAL WITH THE SITUATION OVER SOME PERIOD OF TIME.
AND THAT MAY GO BEYOND JUST THE, YOU KNOW, YES, NO, I MEAN THE TRUTH INKLING THAT WHEN WE FINALLY HAVE A MOTION HERE AND WE VOTE, IT'S GOING TO BE SPLIT AND, AND THAT IN AND OF ITSELF, AGAIN, ISN'T REALLY GOING TO SERVE ANYBODY.
SO I'M THROWING THAT OUT THERE.
SO MAYBE WE CAN PUT ON OUR CREATIVE THINKING CAPS.
I GUESS FOR ME TO RESPOND TO THAT, THERE'S JUST NO MECHANISM FOR IMMEDIATE SOLUTION THE WAY THE ADMINISTRATIVE PROCESSES SET UP.
AS FAR AS I CAN TELL, I HAD A QUESTION.
CAN WE, COULD WE ALLOW HIM TO CUT IT AND PUT A REQUIREMENT OF PLANTING CERTAIN TREES? OR IS THAT A NO GO? I DON'T KNOW THAT WE'D BE ABLE TO OBLIGATE THE PROPERTY OWNER TO PLANT CERTAIN TREES, SORRY, CHRIS PARENTHOOD FIRST THEN PAY YOU.
I THINK THAT YOUR OPTIONS ARE TO SUSTAIN THE APPEAL, UM, TO OVERRULE THE ARBORIST AND ALLOW THE REMOVAL OF THE TREE OR TO OTHERWISE MODIFY THE URBAN FORESTERS DETERMINATION.
SO I DON'T KNOW WHAT THAT WE WOULD HAVE ANY ABILITY TO OBLIGATE THE PROPERTY OWNER TO TAKE ANY SPECIFIC ACTION.
AND WHAT TYPE OF, I'M SORRY TO SAY, YOU KNOW, WITH YOU, BECAUSE WE'LL TALK TO YOU ABOUT THIS BECAUSE WE HAVE NORMALLY SHIPPED TO TOUCH TUESDAY, 20 INCHES, 19 INCHES.
HE KNOWS
THAT'S JUST PART OF BEING A PROPERTY OWNER.
WE ALL HAVE ISSUES WITH WATER PIPES AND THINGS LIKE THAT.
UM, I'M SURE THERE THERE'S SOME OF THE SOLUTIONS, LIKE I SAID, THE PIPE IS ONLY FOR THE WATERLINE IT'S WAY AROUND THINGS.
UM,
MACIO UM, WE NEED TO WRAP THIS UP.
WE'RE AT OUR TWO HOUR LIMIT AND I DON'T WANT THEM TO PUT US OFF THIS.
UM, CISCO, UM, COMMISSIONER, YOU WERE TRYING TO SAY SOMETHING, THANK YOU.
WHAT ARE THE MODIFICATIONS THAT COULD BE DONE? I DON'T UNDERSTAND WHAT, WHAT, WHAT MODIFICATIONS COULD BE DONE TO THIS SITUATION, BUT SOMEONE SPEAK TO THAT.
THE CHRIS HARRINGTON ENVIRONMENTAL, SARAH I'LL LET LISA CHIME IN, BUT I THINK THAT THE, IT WOULD BE, UM, UH, SOMETHING LIKE WHAT YOU WERE CONSIDERING PREVIOUSLY WITH A MONITORING, YOU KNOW, CHECKING THE TREE ON A MORE RECURRENT BASIS OR ALLOWING MAYBE SOME ROOTS TO BE TRIMMED.
THAT WOULD PROBABLY BE WHAT I WOULD THINK OF IN THE GROUNDS OF MODIFICATION BECAUSE OF THE URBAN FORESTERS DETERMINATION IS THAT THE TREE IS NOT A NUISANCE IS NOT, UM, DOES NOT WARRANT REMOVAL, BUT I CERTAINLY DEFER TO LISA WELL, THE CHRIS, YEAH, I AGREE.
YOU KNOW, WE CAN MONITOR THE TREE.
WE CAN, YOU KNOW, THERE CAN BE SOME ROOTS ON THAT 20 INCH TREE CUT AWAY FROM, UH, I BELIEVE MR. FULKER POINT POINTED OUT A CERTAIN AREA BETWEEN THE TWO TREES THAT HE CONCERNED ABOUT.
UM, THERE COULD BE SOME WORK DONE THERE.
UM, BUT OTHER THAN THAT, I DON'T KNOW THE SOLUTION.
WELL, I WOULD LIKE TO SEE US MOVE TOWARDS SOME SORT OF, UM, YOU KNOW, MODIFICATION TO START OFF, AT LEAST DOING THAT, TO MONITOR THE TREE, TO TRY TO WORK WITH, UH, CUTTING AWAY CERTAIN ROUTES AND, UH, YOU KNOW, IF NEEDED, WHEN THEY CUT THE ROOTS, I DON'T KNOW WHAT'S REQUIRED, BUT IF THERE'S SOME SORT OF TREATMENT THAT WILL HELP THE TREE AFTER THAT CUT, STABILIZED BETTER.
I'D LIKE THAT, THAT KIND OF TREATMENT IMPLEMENTED.
AND THOSE ARE THE THINGS I'M LOOKING FOR.
I DON'T KNOW IF I HAVE CONSENSUS FOR THAT OR NOT, BUT OKAY.
I HAVEN'T TALKED TOO MUCH ABOUT THIS ONE.
UM, I'VE BEEN LISTENING A LOT, BUT, YOU KNOW, AND AGAIN, I'M, I'M ALSO SYMPATHETIC AS A HOMEOWNER AND, YOU KNOW, DEFINITELY WANT TO KEEP THAT IN MIND, BUT I ALSO, I DON'T FEEL LIKE I HAVE ENOUGH INFORMATION TO KNOW FOR CERTAIN THAT THE 20 INCH TREE IS ACTUALLY PART OF THE PROBLEM.
AND THAT'S WHY THINKING ABOUT ANY KIND OF DEVIATION FROM WHAT THE ARBORIST REPORT IT ISN'T BASED IN, IN,
[02:00:01]
IN MY KNOWLEDGE OF WHAT I KNOW IS ACTUALLY HAPPENING ON THE GROUND.SO AFTER THE 34 INCH TRANSFERRING, I MEAN, PERHAPS THAT WILL GIVE US MORE INFORMATION IN THE FUTURE.
I MEAN, WHEN THE 34 INCH STREET HAS GONE IN AND ITS RIBS ARE EXTENSIVELY DEAD, YOU KNOW, BE SOME OPPORTUNITY HERE.
AND I GUESS, YOU KNOW, IF WE ENDED UP WITH EMOTION THAT, YOU KNOW, DENY THE APPEAL, I WOULD HAVE LIKED TO AT LEAST SEE SOME LANGUAGE IN THERE THAT, UH, IT ENCOURAGE, YOU KNOW, A REVISITING OF THE SITUATION, LIKE FOR US TO GO ON RECORD SAYING THAT IF THERE'S INFORMATION IN A MORE CONCRETE INFORMATION, BROUGHT TO LIGHT THAT IN FACT, THE 20 INCH TRAY AND ITS ROOT SYSTEM ARE PROBLEMATIC, BUT IT WASN'T THE 34 INCH TREE BY ITSELF.
YOU KNOW, WE WOULD POTENTIALLY REVISIT THE SITUATION.
AND COMMISSIONER THOMPSON WAS TRYING TO SPEAK, I BELIEVE US, WE'LL GO TO HER NEXT, BUT I'M, I'M IN AGREEMENT WITH YOU, MS. SHRIMP.
I'M WONDERING IF WHEN THE 34 INCH TREES TAKEN OUT, THERE CAN BE SOME ASSESSMENT MADE THAT PERHAPS WE WOULD HAVE TO REVIEW BEFORE MAKING A DEFINITIVE DECISION.
I UNDERSTAND THAT THEY POSTPONED THAT, UM, IN LIEU OF OUR DECISION, BUT I'M WONDERING IF WHEN THE ROOT BALL IS TAKEN OUT, THAT WE WILL BE ABLE THAT THEY WILL BE ABLE TO ASSESS, UM, ROOTS AND WHERE THEY COME FROM.
IF THE WATER PIPE CAN BE MOVED, ALL KINDS OF THINGS MIGHT OCCUR DURING THAT PROCESS.
SO I'M WONDERING, I KNOW IT WILL COST MORE FOR US TO GO BACK AND REMOVE YET ANOTHER TREE, BUT I'M WONDERING IF IT WOULD, IF IT COULD BE PART OF A REMEDY, I COULD SPEAK TO THAT COMMISSIONER THOMPSON.
UM, WHEN WE TAKE THE TREE OUT, IT'S IN THE RIGHT OF WAY, IT WILL BE CUT, FLUSH TO THE GROUND AND THE ROOTS WILL NOT BE DISTURBED, ESPECIALLY WITH THIS TREE BECAUSE OF THE WATER.
THAT'S, IF IT IS ENTANGLED IN THE WATER LINES, WE DON'T WANT TO FOOL WITH A ROOT SYSTEM.
UH, AM I MUTED? WE CAN HEAR YOU.
YOU'RE ALL MUTED NOW, BUT YOU WERE NOT EARLIER.
IT MUST HAVE TOUCHED SOMETHING ON MY MOUSE.
SO AGAIN, WE'LL CUT THE TREE FLUSH TO THE GROUND AND THE ROOTS ON THAT TREE.
UM, WE MAY EVEN PAINT AGAIN, PAINT VERY CONSERVATIVELY, A LITTLE BIT OF HERBICIDE TO MAKE SURE THERE ISN'T SUCKERING AND THE ROOT COMES BACK OR THE TREE, YOU KNOW, RALLIES AND TRIES TO SUCK HER UP FROM THE ROOTS, BUT EVERYTHING'S GOING TO STAY IN THE GROUND AND THAT I WON'T BE ANY EXPLORATION OF, YOU KNOW, THE ROOT SYSTEM.
THIS IS CON IT'S A COMMISSIONER GORDON.
AGAIN, I ACTUALLY HAVE A QUESTION, I GUESS, FOR, FOR CHRIS SORT OF A PROCEDURAL QUESTION BASED ON WHAT I WAS SAYING BEFORE.
I MEAN, SO WE HAVE TO MAKE A DECISION TODAY.
I MEAN, AT LEAST THERE'LL BE SOME RESOLUTION WE'LL PUT ON, HOWEVER, EXACTLY THAT THAT GOES DOWN.
UM, BUT I GUESS SO AS TO, I'LL SAY, I DUNNO, I DON'T KNOW WHAT WHAT'S ALLOWED.
SO WITH THE HOMEOWNER BE ABLE IN THE FUTURE TO SORT OF, I'LL SAY, REAPPEAL THIS, WOULD THIS BE SORT OF LIKE A NEW CASE IN THE FUTURE? OR, YOU KNOW, WE, COULD WE LEAVE THIS, I'LL SAY ALMOST LIKE, YOU KNOW, OPEN ENDED.
SO AS TO NOT LIKE PRE JUDGE OR PREJUDICE, SOME FUTURE DECISION COMMISSIONER GORDON.
SO I DON'T SEE ANYTHING IN TITLE SIX AND LISA OR KEITH.
IF YOU SEE SOMETHING I AM MISSING THAT PERHAPS PROVIDES A PROHIBITION ON ANOTHER APPEAL.
SO I THINK THERE IS NO I'M NOT SEEING ANYTHING THAT WOULD PREVENT THE PROPERTY OWNER FROM MAKING ANOTHER APPEAL, UM, OR ANOTHER REQUEST FOR REMOVAL OF THE 20 INCH TREE AT A LATER DATE.
UM, IF THAT REQUEST WAS MADE AND THE FORESTER DENIED THAT REQUEST, THEN THE PROPERTY OWNER WOULD HAVE THE EXISTING, THE SAME RIGHT.
OF APPEAL THAT THEY HAVE THAT HE HAS TODAY.
SO I'M NOT SEEING ANYTHING THAT WOULD PREJUDICE ANY ACTION THAT YOU WOULD TAKE TODAY THAT WOULD PREJUDICE A FUTURE APPEAL IN CODE.
UM, I WILL POINT OUT THAT THE, UH, PROPERTY OWNER DOES HAVE THE RIGHT TO APPEAL YOUR DECISION TO THE PLANNING COMMISSION.
[02:05:01]
REQUIREMENTS ASSOCIATED WITH THAT, BUT UNFORTUNATELY THE GUIDANCE TO YOU IS REALLY ONLY PER CODE TO OVERRULE THE FORESTER'S DECISION.SO REQUIRE REMOVAL OF THE TREE TO SUSTAIN THE FORESTER'S DECISION, TO PRESERVE THE TREE OR TO MODIFY THE FORRESTER'S DETERMINATION.
AND THERE IS NO GUIDANCE GIVEN THERE.
SO IF WE JUST THINK OF THE DICTIONARY DEFINITION OF MODIFY, THAT JUST MEANS MAKE PARTIAL OR MINOR CHANGES TO, UM, SO THAT'S PROBABLY SOMETHING LIKE, UH, UH, YOU KNOW, SUSTAIN THE, THE DECISION, BUT MONITOR THE TREE OVER A PERIOD OF TIME OR SOMETHING LIKE THAT.
I'M STRUGGLING TO THINK OF GOOD OPTIONS FOR THE MODIFICATION.
UM, BUT YES, I, I THINK CODE DOES NOT GIVE US VERY GOOD GUIDANCE IN THIS CIRCUMSTANCE.
I THINK WE NEED TO MOVE ON TO CLOSE THE PUBLIC HEARING AND WRAP THIS UP.
UM, SO ANY OTHER FINAL COMMENTS THAT YOU GOT TO GET OUT BEFORE WE DO THAT? ALL RIGHT.
UH, I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING SECOND BY REMBRANDT SECOND BY RAMBERT.
UH, DO WE HAVE A MOTION FOR THIS ONE? I DO.
MADAM VICE CHAIR AND, UH, YOU KNOW, TAKING INTO ACCOUNT SOME OF WHAT WAS RECOMMENDED OR I HOPE SO THIS ONE'S A LITTLE BIT, UH, ATYPICAL.
SO, UM, CHRIS, TELL ME IF I'M DOING THINGS WRONG AS I GO THROUGH THIS.
UM, THE SUBJECT APPEAL REQUESTS FROM PATRICK VOLKER AT 13 TWO ONE THREE BELOW PARK DRIVE.
WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZED, RECOGNIZES THE APPLICANT'S REQUEST FOR THE COMMISSION TO CONSIDER A REQUEST FROM A PRIVATE PROPERTY OWNER, PATRICK POKER TO APPEAL THE PUBLIC WORKS URBAN FORESTERS, DENIAL OF APPLICATION FOR ADMINISTRATIVE APPROVAL AS PER, AS PROVIDED IN CITY CODE SECTION SIX DASH THREE DASH NINE ONE TO REMOVE A 20 INCH PUBLIC TREE LOCATED AT ONE THREE, TWO ONE THREE VILLA PARK DRIVE, AUSTIN, TEXAS 78 SEVEN TWO NINE.
AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT THE CITY OF AUSTIN, URBAN FORESTER STAFF HAVE DENIED THE REQUEST TO REMOVE THE TREE IN PUBLIC RADIC WAY.
AND WHEREAS THE COMMISSION MAY OVERRULE, SUSTAIN OR MODIFY THIS DETERMINATION PER CITY CODE SECTION SIX, THREE 93, THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS SUSTAINING THE DENIAL OF THE REQUEST TO REMOVE PUBLIC TREE BASED ON THE FOLLOWING JUSTIFICATION FOR CITY STAFF.
THE 20 INCH TREE IS IN GOOD HEALTH AND WITHIN PUBLIC RIGHT OF WAY.
AND WITH THE FOLLOWING UNDERSTANDING THAT IT IS NOT THE ENVIRONMENTAL COMMISSIONS WISHES TO DISALLOW THE PROPERTY OWNER FROM THE SAME RIGHT OF APPEAL OF THIS DECISION AND THE FUTURE, IF MORE CONCLUSIVE EVIDENCE OF CONFLICTS WITH THE 20 INCH COTTONWOOD AND MR. VOLCKER WATERLINE CAN BE PRESENTED.
WE HAVE A SECOND, SECOND BY COMMISSIONER GUERRERO.
UH, I WILL DO A ROLL CALL IF THERE'S NO FURTHER DISCUSSION.
UH, COMMISSIONER NEELY, MAYBE SHE'S NOT BACK YET.
UM, WE ARE TO THE END OF OUR AGENDA, I BELIEVE.
WE JUST HAVE COMMITTEE REPORTS, BUT WE'RE RUNNING OVER ON TIME.
SO IS ANYONE OPPOSED TO HOLDING THAT OVER TO THE NEXT TIME WE SEE EACH OTHER? OKAY.
WELL THEN, UH, I NEED A MOTION TO ADJOURN.
I MOVED TO ADJOURN FROM ROMBERG.
UH, ALL IN FAVOR, RIGHT? WE ARE ADJOURNED AT 3:14 PM ON NOVEMBER 20TH.
NICE TO SEE SOME OF YOUR FACES.
HEY, Y'ALL TAKE CARE OF HER CHAIR.