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[CALL TO ORDER]

[00:00:02]

INTO ORDER.

THIS IS THE REGULAR MEETING OF THE ENVIRONMENTAL COMMISSION, NOVEMBER 17TH, 2021 AT 6:00 PM.

WE'RE AT AUSTIN CITY HALL AND THE CITY COUNCIL CHAMBERS 3 0 1 WEST SECOND STREET, AUSTIN, TEXAS 7 8, 7 0 5 0 7, 8 7 0 1.

THAT'S MINE.

UM, OKAY, SO ROLL CALL KORESH HERE, SCOTT.

I SEE HER NAME.

G I'LL COME BACK.

THOMPSON EAR BIXLER HERE.

WE'RE STILL HERE.

COMMISSIONER ROMBERG, COMMISSIONER GUERRERO HERE.

COMMISSIONER BRIMER HERE.

COMMISSIONER BEDFORD HERE.

OKAY.

WE HAVE A QUORUM, NOTHING.

ALRIGHT, CITIZEN COMMUNICATION.

DO WE HAVE ANYONE HERE TO SPEAK? NO, ONE'S HERE.

LET'S MOVE TO ITEM

[1. APPROVAL OF MINUTES AND ACTION]

ONE, A APPROVAL OF MINUTES FROM NOVEMBER 3RD, 2021.

NEED A MOTION PLEASE? TO APPROVE THE MINUTES.

THIS IS ROMBERG.

I MOVE TO APPROVE THE MINUTES.

SECOND.

THANK YOU.

HAVE A SECOND BY COMMISSIONER BEDFORD.

ANY EDITS CHANGES? ANYONE HAVE A ISSUE WITH THEM ALL IN FAVOR, SAY AYE.

AYE.

MOTION CARRIES EIGHT.

SCOTT.

WASN'T RICHARD SWAP.

WASN'T GONE.

OKAY, SO SHE'S STILL NOT ON, SO I'LL CHANGE IT TO SEVEN IT'S THROUGH EIGHT.

YEP.

OKAY.

IS, SHOULD WE, WHAT SHOULD WE DO ABOUT MS. SCOTT, MR. SCOTT, KAYLA TAMSEN WATERSHED PROTECTION.

UM, WE WILL JUST GO AHEAD AND PROCEED WITH THE MEETING AND IF, UH, COMMISSIONER SCOTT CAN JOIN US LATER, THEN WE'LL GO AHEAD AND COUNT HER AT THAT POINT.

OKAY.

[2a. Approve the Environmental Commission Regular Meeting Schedule for 2022]

ALL RIGHT.

UM, ITEM TWO, A APPROVAL ENVIRONMENTAL COMMISSIONER, FEDERAL MEETING FOR 2022.

HAS EVERYONE HAD A CHANCE TO LOOK AT THE SCHEDULE TO MAKE SURE EVERYONE'S COOL WITH IT? UM, WE, WE, WE NEVER KNOW IF WE'RE GOING TO HAVE QUORUM.

WE CAN ALWAYS, YOU KNOW, CHANGE A MEETING IF NEEDED, BUT RIGHT NOW LET'S GO AHEAD AND APPROVE THIS FOR 2022.

DO WE HAVE A MOTION FOR APPROVAL MOTION TO APPROVE THE SCHEDULE? THANK YOU, COMMISSIONER BEDFORD.

SECOND BY RAMBERT.

SECOND BARBARA HAMBURG, ALL IN FAVOR.

SAY AYE.

MOTION CARRIES EIGHT.

OH, THIS BRINGS US TO ITEM

[2b. Hold an emergency election for vacant Environmental Commission officer positions for the May 2021 through April 2022]

TWO B HOLD AN EMERGENCY ELECTION FOR VACANT ENVIRONMENTAL COMMISSION OFFERS THOSE POSITIONS FOR THE MAY, 2021 THROUGH APRIL, 2022.

ALL RIGHT.

DO WE HAVE A MOTION FOR OFFICERS' POSITIONS AT THIS TIME? UH, I LIKE TO, UM, RECOMMEND, UH, KEVIN FOR CO-CHAIR.

UM, OKAY.

IS THAT A VICE CHAIR POSITION THAT WE'RE LOOKING AT? UH, YES.

ALL RIGHT.

WE HAVE A NOMINATION FOR VICE CHAIR FOR COMMISSIONER RAMBERT.

IS THERE ANY ONE ELSE? YES, COMMISSIONER BIXLER.

OH, I WAS GOING TO WANT COMMISSIONER, SECRETARY RAMBERT TO BE VICE CHAIR AS WELL.

ALL RIGHT.

ANY OTHER MOTIONS FROM ANY OF THE COMMISSIONERS? ALRIGHT.

UM, I'LL JUST THROW MY, I WOULD ALSO LIKE TO BE VICE CHAIR, SO THE WONDERFUL KEVIN ROMBERG.

AND I'D LIKE TO SECOND THAT IF THAT'S WHAT WE NEED TO DO.

OKAY.

ALL RIGHT.

SO THEN WE HAVE A MOTION FOR TWO PEOPLE.

AND WHEN IS COMMISSIONER RANDBURG? AND THE OTHER ONE IS COMMISSIONER BRISTOL.

ALL RIGHT.

SO, OH, I'M SORRY, COMMISSIONER THOMPSON.

I DIDN'T SEE YOU.

UM, I CAN'T GET THE CITY HALL DEED.

I'M JUST COMMENTING.

IT DOESN'T MATTER.

IT DOESN'T MATTER.

DID YOU, DID YOU HEAR THAT? OKAY.

ALL RIGHT.

SO, UM, LET'S

[00:05:01]

HAVE A VOTE, UH, ALL IN FAVOR OF COMMISSIONER RANDBURG FOR CHAIR.

PLEASE RAISE YOUR HAND SO I CAN VICE CHAIR, SORRY, 1, 2, 3, 4, 5, 6, ALL IN FAVOR FOR BRISTOL.

RAISE YOUR HANDS ONE.

OKAY.

DID SOMEONE ABSTAIN? MAYBE I DID 6 1 7 7.

OKAY.

I THOUGHT WE HAD EIGHT.

YEAH, I THINK IT WAS SEVEN.

AND THEN SHE ABSTAINED.

YEP.

OKAY.

ALL RIGHT.

SO WE HAVE A NEW VICE CHAIR, COMMISSIONER LAMBERG THANK YOU SO MUCH.

WHICH BRINGS US TO NEEDING A SECRETARY.

WE NOW NEED SOMEONE TO CREATE OUR EMOTIONS WITH HELP FROM OTHERS.

YES.

SUPPORTED BY US.

IT'S IT? A COUPLE OF THEM.

AND THEN IT'S JUST LIKE SWIMMING OR RIDING A BIKE OR SOMETHING LIKE THAT.

JUST LIKE A BIKE RIDE, RIGHT? YES.

WE COULD ELECT TONIGHT A SECRETARY FOR THE ENVIRONMENTAL COMMISSION.

I WILL TOO.

WILLIE.

WE WILL HELP YOU.

IT'S IT'S IT'S YES.

OKAY.

WE HAVE A NOMINATION ON THE FLOOR SECONDED BY COMMISSIONER KORESH.

AND SO WHAT'S ALL SAY KORESH.

HERE WE GO.

WHO WANTS TO VOTE FOR BRISTOL? FOR SECRETARY? ALL IN FAVOR, SAY AYE, BABY STEPS.

AND HERE WE GO.

THAT IS EVERYONE.

THANK YOU FOR DOING THAT.

WE'LL HAVE ALL THE TIME.

OOH, NO.

FOR REAL.

WE'LL HELP YOU.

AND IT'S IT'S IT'S IT'S REALLY SIMPLE PROMISE.

I WILL, I WILL SHOW YOU THE EIGHT AND NOW THAT'S THAT'S WE'VE GOT OUR OFFICERS OFFICERS I'VE BEEN ELECTED.

[3a. PUBLIC HEARINGS Name: Stillwater - Double Creek Phase 2, SP-2021-0178C]

ALRIGHT.

THREE, A PUBLIC HEARING.

NO.

IS ANYONE HERE TO SPEAK ON THIS HEARING? I DON'T SEE ANYONE.

I HAVE NEVER RECEIVED ANY PUBLIC.

OKAY.

UH, STILL WATER, DOUBLE CREEK, FACE TO S P DASH 2021 DASH 0 1 7 8 C.

THE APPLICANT IS MALONE WHEELER, INC.

1 0 8 0 1 BREZA LANE, AUSTIN, TEXAS 77 0 5.

THIS IS IN DISTRICT FIVE.

WE HAVE STAFF HERE TO PRESENT OR DO WE HAVE, WE HAVE STAFF HERE? COULD YOU COME FORWARD AND STATE YOUR NAME PLEASE? ALL RIGHT.

UH, GOOD EVENING.

UH, MADAM CHAIR AND COMMISSIONERS.

MY NAME IS ENVIRONMENTAL REVIEW SPECIALIST WITH THE DEVELOPMENT SERVICES DEPARTMENT.

AND I'M HERE TO PRESENT THE VARIANCE FOR STILLWATER DOUBLE CREEK PHASE TWO PROJECT.

SORRY, JUST CHECKING ON THE PRESENTATION.

THANK YOU.

ALL RIGHT.

GREAT.

THE ADDRESS IS 1 0 8 0 1 BRAISE LANE, CASE NUMBER SP DASH 2 0 2 1 0 1 7 8 C.

ALL RIGHT, HERE WE SEE THE GENERAL LOCATION OF THE SITE OUTLINED IN RED AS IN SOUTH AUSTIN, ALONG THE CORRIDOR AND THE FULL CITY LIMITS.

AS IN THAT UNDER CREEK WATERSHED, WHICH IS CLASSIFIED AS SUBURBAN WATERSHED IT'S IN THE DESIRE DEVELOPMENT ZONE, FULL PURPOSE JURISDICTION.

IT IS NOT LOCATED OVER THE EDWARDS AQUIFER RECHARGE ZONE.

THERE ARE NO CRITICAL ENVIRONMENTAL FEATURES ON THE SITE.

AND AS IN COUNCIL DISTRICT FIVE, THE LOT IS CURRENTLY UNDEVELOPED AND IS BORDERED TO THE NORTH AND TO THE SOUTH BY MULTI-FAMILY DEVELOPMENTS.

THE PROPOSED THIS PROPOSED MULTIFAMILY DEVELOPMENT IS CONSISTENT WITH THE APPLICABLE ZONING AND SURROUNDING PROPERTIES.

THE AUSTIN FIRE DEPARTMENT REQUIRES TWO POINTS OF INGRESS AND EGRESS FOR THIS DEVELOPMENT.

THE APPLICANT IS PROPOSING ONE ACCESS ON BRISA LANE, LEADING SOUTH TO FM 16, 26 AND ANOTHER

[00:10:01]

ACCESS ON THE PRIVATE ROAD LEADING EAST TO 35.

AND THESE ACCESS AND PATHS ARE HERE IN THE RED LINES.

BRAZEN LANE, DEAD ENDS AT THE NORTH END OF THE LOT, AND THERE ARE NO OTHER POINTS OF ACCESS FOR THIS PROPERTY.

AND THE ISSUE IS THERE IS A CRITICAL WATER QUALITY ZONE ALONG THE ENTIRE SOUTHERN BOUNDARY OF THIS PROPERTY AND THE PRIVATE DRIVE, WHICH IS ONE OF THE ACCESS POINTS IS ON THE OTHER SIDE OF THE CRITICAL WATER QUALITY ZONE FROM THIS PROPERTY.

SO THEY WILL NEED TO BUILD A DRIVEWAY ACROSS THE CRITICAL WATER QUALITY ZONE IN ORDER TO ACCESS THIS PRIVATE ROAD.

AND THIS PICTURE IS JUST A PICTURE FROM THE ACTUAL CRITICAL WATER QUALITY ZONE THERE ON THIS SITE.

UM, JUST TAKEN FROM STANDING IN THE MIDDLE OF THE CHANNEL.

SO THEIR QUEST IS TO VARY FROM LAND DEVELOPMENT CODE 25, 8 TO 61 TO ALLOW DEVELOPMENT IN THE CRITICAL WATER QUALITY ZONE FOR A DRIVEWAY OVER THE CRITICAL WATER QUALITY ZONE IN ORDER TO MEET THE HEALTH AND SAFETY REQUIREMENT OF HAVING TWO POINTS OF INGRESS AND EGRESS AS SET BY AUSTIN FIRE DEPARTMENT STAFF RECOMMENDS APPROVAL OF THE VARIANCE WITH THE FOLLOWING CONDITIONS, INTERNAL LOW TRAFFIC PEDESTRIAN WALKWAYS THROUGHOUT THE SITE SHALL BE CONSTRUCTED WITH PERMEABLE PAVERS OR POROUS PAVEMENT IN ACCORDANCE WITH THE ENVIRONMENTAL CRITERIA MANUAL.

THIS WILL DECREASE OVERALL IMPERVIOUS COVER AND INCREASE STORMWATER INFILTRATION ONSITE AND INCREASE BASE FLOW IN THE STREAM CHANNEL TO THE CRITICAL WATER QUALITY ZONE SHALL BE CROSSED WITH A SPAN BRIDGE INSTEAD OF THE NORMAL BOX CULVERT.

THIS WILL REDUCE THE BRIDGES FOOTPRINT IN THE CHANNEL AND ALLOW FOR LIGHT TO PENETRATE TO THE NATURAL GROUND SURFACE FOR VEGETATION TO GROW THOSE MAINTAINING A MORE NATURAL CHANNEL.

UM, AND I DO WANT TO MAKE A COUPLE OF DISCLAIMERS IN THE, UH, BACKGROUND MATERIAL SUBMITTED TO YOU GUYS PREVIOUSLY.

UM, THE DESIGN OF THE SPAN BRIDGE, UH, I THINK INDICATED IT WOULD BE, UH, SPAN 36 FEET.

AND, UM, THERE IS AN UPDATE TO THAT DESIGN AND WE'LL NOW SPEND 50 FEET, WHICH WE STILL RECOMMEND GOING WITH.

AND ANOTHER DISCLAIMER FOR, UM, I NEED TO POINT OUT THAT THE CURRENT SITE PLAN DRAFT SHOWS THE WATER QUALITY PONDS, UH, ENCROACHING INTO THE HALF CRITICAL WATER QUALITY ZONE.

AND I HAVE DISCUSSED THIS WITH THE ENGINEER AND WE WILL, HE IS GOING TO REDESIGN THAT AND THE FINAL APPROVED DESIGN WILL HAVE THE CRITICAL WATER, SORRY, THE WATER CALLIE PONDS OUTSIDE OF THE HALF CRITICAL WATER QUALITY ZONE, WHICH WILL FULLY COMPLY WITH THE CRITICAL WATER QUALITY ZONE REGULATIONS.

SO THANK YOU.

AND I CAN TAKE QUESTIONS NOW, OR WE CAN HEAR FROM THE APPLICANT, THE APPLICANT IN HERE.

UM, HI, HOW ARE YOU ALL, UM, MICHAEL WHALEN ON BEHALF OF THE APPLICANT? UM, I REALLY JUST HERE FOR QUIET TO ANSWER ANY QUESTIONS, BUT I THOUGHT I WOULD JUST QUICKLY RUN THROUGH A FEW ITEMS JUST TO, IF YOU HAD ANY QUESTIONS, WE CAN ANSWER THEM AND BE DONE.

THIS IS THE SITE, AS SHE INDICATED, ALL THOSE TREES ARE GOING TO STAY.

UM, THE, UH, THERE WE GO.

UH, HERE, YOU CAN SEE THAT CHANNEL THAT YOU SAW AND WE'LL SEE IT AGAIN.

IT WAS ACTUALLY BUILT AFTER IT WAS PERMITTED IN JULY, 2015.

SO IT'S A, UH, AN ENGINEERED CHANNEL.

IT ISN'T A CHANNEL THAT NATURALLY OCCURRED.

IT WAS DONE BY A DIFFERENT DEVELOPMENT THAT IS SOUTH OF THERE, UH, THAT PHASE ONE DEVELOPMENT.

UH, ALSO YOU CAN SEE WHERE I, 35 IS AND WHERE THAT ROAD IS.

YOU'LL SEE, IN A MOMENT THAT IS A PRIVATE ROAD AND WE DO HAVE THE RIGHT TO ACCESS IT, WHICH IS VERY IMPORTANT IN TERMS OF FIRE DEPARTMENT.

THAT WAS A WAY TO MAKE THIS WORK.

UM, THIS JUST KIND OF GIVES YOU THE OVERVIEW AND THEN IF WE ZOOM IN A LITTLE BIT, YOU'LL SEE, OH, THERE WE GO.

THESE ARE THE DIFFERENT THINGS.

SO A CREDIT TO ENVIRONMENTAL STAFF, THEY GOT US TO REMOVE ALL THE IMPERVIOUS COVER.

THAT'S WHERE IT SAYS REMOVING PERVIOUS COVER THERE, YOU CAN SEE THE QUALITY, UH, THE CRITICAL WATER QUALITY ZONE IS MARKED THERE.

THOSE WATER QUALITY PONDS WERE NOT BIOFILTRATION, WE'VE NOW CONVERTED THEM TO BIOFILTRATION, UH, AS WELL IS TAKING THEM OUT OF THE HALF CRITICAL AND SH UH, SHE POINTED OUT, WE ALSO HAVE REVISED IT IN OUR MOVING THOSE BOX CULVERTS, WHICH IS WHAT YOU SEE NOW.

THAT'S NOT WHAT WE'RE GOING TO DO.

WE'VE AGREED TO DO THESE SPAN BRIDGES THAT ARE ENGINEERED ARE MORE EXPENSIVE.

IT IS GOING TO BE A LITTLE WIDER THAN WE INITIALLY ANTICIPATED BECAUSE WE WERE GOING TO HAVE A SHARED USE PATH TO ALLOW PEOPLE TO GET TO THE 5.5 ACRE PARK IN THE BACK.

SO IT'LL ALLOW ACCESS TO THAT PARK AREA AS WELL.

UM, YOU CAN SEE SOUTH OF

[00:15:01]

US, UH, THE BUILDING IS CLEARLY IN THE CRITICAL WATER QUALITY ZONE SOUTH OF US.

THAT'S NOT OUR, YOU KNOW, THAT'S NOT THIS PROJECT.

YOU CAN SEE WHERE THE CRITICAL WATER QUALITY ZONE IS THAT ACCESS AS A FEW SHIT.

RIGHT.

AM I SAYING THAT CORRECTLY? FUTURE? OKAY.

MS. FUTURE SAID IT IS BEING REQUIRED BY THE AUSTIN FIRE DEPARTMENT, UH, BECAUSE OF LOUIE THE WILD LAND, URBAN INTERFACE.

AGAIN, THIS IS, UH, WAS CREATED AFTER, UH, 2015.

IT WAS ENGINEERED.

IT'S NOT A NATURAL, AND THERE'S THE 5.5 ACRES OF PARKLAND.

UH, THAT'S GOING TO BE DEDICATED AND THE TREES IN THE BACK, AND AS YOU ALREADY HEARD, UH, THE THINGS WE'RE DOING AT THEIR RECOMMENDATION IS REMOVING THE IMPERVIOUS COVER, REMOVING THE BOX CULVERT, REMOVING CONCRETE SIDEWALKS, THAT'S IN THE BACKUP, BUT THAT'S ANOTHER THING THAT'LL BE A LITTLE BIT MORE EXPENSIVE AND REPLACING, UH, THE, UH, SIDEWALKS IN, IN, UH, MANY, MOST OF THE AREAS.

I BELIEVE MOST OF THE AREAS WITH PERMEABLE SIDEWALKS THROUGHOUT THE SITE, NOT, UH, NOT JUST IN THE CRITICAL WATER QUALITY ZONE AND ALSO MODIFYING THIS PONDS TO BIOFILTRATION.

AND THAT'S IT.

THANK YOU ALL VERY MUCH.

OBVIOUSLY, ENGINEERS HERE AS WELL.

HAPPY TO ANSWER ANY QUESTIONS.

OKAY.

THANK YOU.

LET'S START WITH COMMISSIONER THOMPSON.

DO YOU HAVE ANY QUESTIONS? UM, YEAH, I DID HAVE ONE.

UM, I REALLY MISS ANDY AND THIS ONE, CAUSE I THINK I WAS THERE IN 2015 WHEN THE FIRST ONE CAME THROUGH.

UM, THIS IS, UH, A MANMADE CHANNEL ON THE SIDE.

AND SO I'M CURIOUS, IT SAYS THAT THE SOIL STILL NEEDS TO BE INSPECTED AND, UM, IT NEEDS TO BE LOAD BEARING SOIL, BUT ALL OF THAT WILL BE LOOKED INTO BEFORE THE CONSTRUCTION OF THE BRIDGE, CORRECT? YES, THAT'S CORRECT.

OKAY.

AND ALSO, IS IT GOING TO HAVE, UM, UH, SUPPORT IN THE CENTER SINCE IT'S GOING TO BE 50 FEET? CAUSE I THINK THE DESIGN WE GOT WAS FOR THE 30.

THAT'S A GOOD QUESTION FOR THE ENGINEER.

UM, LANCE ROSENFIELD WITH MALONE WHEELER, I'M THE CIVIL ENGINEER ON THE PROJECT.

SO THIS IS A CLEAR SPAN ARCH BRIDGE WITH NO SUPPORTS IN THE MIDDLE.

OKAY.

THANK YOU.

OKAY.

THAT'S THAT'S THE EXTENT OF MY QUESTIONS.

THANK YOU, MADAM CHAIR.

MY NAME IS MIKE MACDOUGAL, ENVIRONMENTAL REVIEW DEVELOPMENT SERVICES DEPARTMENT.

I JUST WANT TO CLARIFY ONE POINT, UH, THE 36 FEET THAT'S BECOMING 50 FEET, UH, REPRESENTS THE WIDTH OF THE BRIDGE, NOT THE CROSSING OF THE CREEK WITH THE BRIDGE.

I JUST WANT TO CLARIFY THAT IN CASE THERE'S ANY CONFUSION.

THANK YOU.

OKAY.

UH, COMMISSIONER BARRETT, BIXLER.

DO YOU HAVE ANY QUESTIONS? NO QUESTIONS AT THIS TIME.

THANK YOU.

OKAY.

MR. FARMER, HOW SOMEONE CAME UP AND MENTIONED THE BRIDGE WAS GOING TO BE 50 FEET, NOT THE DISTANCE UNDERNEATH IT.

HOW WIDE IS IT GOING TO BE UNDERNEATH THE, UH, THE SPAN OF THE BRIDGE? WE'RE WE'RE STILL IN PROCESS.

WE'RE PROBABLY ABOUT 90% THROUGH THE DESIGN AND THE SPAN IS 17 FEET AND THE WIDTH IS 50.

OKAY.

UH, NOW, EVEN THOUGH THIS IS A, A MANMADE CHANNEL, IF THERE ARE ANY, UH, OH, ONE MORE QUESTION ABOUT THE BRIDGE.

HOW TALL WILL THE BRIDGE BE OVER THE CHANNEL? OVER THE BOTTOM OF THE CHANNEL? THE BRIDGE IS APPROXIMATELY SEVEN TO EIGHT FEET FROM THE, FROM THE FLOW LINE OF THE CHANNEL.

OKAY.

AND THE CHANNEL ITSELF, EVEN THOUGH IT'S MANMADE, UH, DOES IT HAVE DURING RAIN OR ANYTHING, HAS IT EVER, I MEAN, DOES IT CARRY A SUBSTANTIAL AMOUNT OF WATER SPECIFICALLY? DOES IT FLOOD OUTSIDE THE BANKS OF THE CHANNEL? OUR MODELING SHOWS THAT THE CHANNEL CONTAINS THE A HUNDRED YEAR ATLAS 14 FLOW RATE.

NO, NO OVERTOPPING OF THE BANKS.

OKAY.

SO YOU'RE CONFIDENT THAT THERE'S NO GOING TO BE ANY DEBRIS THAT'S GONNA PILE UP UNDER THE BRIDGE AND CAUSE NO, IN FACT THE TOP OF THE ARCH IS, UM, APPROXIMATELY A FOOT HIGHER THAN THE WATER, SIR, THEN THE FLOOD STAGE OF THE CHANNEL.

SO THERE'S AN ARCH AND THE, AND THE SOFFIT OF THE ARCH OR THE TOP OF THE ARCH IS APPROXIMATELY A FOOT HIGHER THAN THE A HUNDRED YEAR FLOOD STAGE IN THE CHANNEL.

THE REASON I'M ASKING THE QUESTION IS THAT THERE'S A SIMILAR BRIDGE, UH, IN NORTHWEST AUSTIN THAT SPANS

[00:20:01]

BULL CREEK.

AND WHEN THE FLOOD WATERS COME DOWN THAT MATERIAL'S CAUGHT, YOU KNOW, COMES DOWN AND IT CAUSES, UH, YOU KNOW, BLOCK THE WATERFLOW BENEATH THE BRIDGE.

AND THEN IT CREATES AN ARTIFICIAL DAM WHICH CAUSES A FLOOD BEHIND THE BRIDGE THAT OVER CAUSES THE STREAM TO GO OUTSIDE THE BANKS AND THAT SORT OF THING.

AND IT FLOODS, UH, YOU KNOW, THE PARK.

AND SO I'M TRYING TO ANTICIPATE A PROBLEM THAT MIGHT OCCUR, YOU KNOW, UH, LIZ JOHNSON AND WATERSHED PROTECTION DEPARTMENT, UM, AS PART OF NORMAL REVIEW OF, UM, ANY KIND OF, UH, UM, UM, IMPACTS TO THE FLOOD, PLAIN WATERSHED FLOODPLAIN REVIEWERS DO LOOK AT THAT.

AND SO ANY BRIDGES, UM, THERE IS A CRITERIA THAT THEY HAVE TO BE A CERTAIN ELEVATION ABOVE THE A HUNDRED YEAR FLOOD PLAIN, AND THAT'S THE LATEST ATLAS 14 MODEL TAKING INTO ACCOUNT THE RECENT STORMS. AND SO, UM, AND SO FOR ANY NEW BRIDGES, IT SHOULDN'T HAVE THAT, YOU KNOW, THAT, THAT, UM, CONDITION HAS BEEN CONSIDERED, UM, AS PART OF THE REVIEW FOR, FOR FLOOD FLOOD, PLAIN COMPLIANCE FOR, FOR NEW.

SO I THINK THAT THE BRIDGE THAT YOU'RE REFERRING TO IS, UM, DEVELOPED PRIOR TO OUR CURRENT RULES IS MY, I GUESS.

OKAY.

NO QUESTIONS, NO QUESTIONS.

QUESTIONS.

YES.

GO AHEAD.

I JUST HAD ONE QUESTION ABOUT THE COMMITMENT TO THE BIOFILTRATION.

UM, ARE THERE MULTIPLE PONDS ON THE PROPERTY THAT Y'ALL COMMIT TO DOING BIOFILTRATION OR IS IT JUST THE ONE THAT WAS SHOWN IN THE EXHIBIT TWO? OKAY.

AND Y'ALL ARE OKAY WITH DOING TWO, BOTH OF THOSE.

OKAY.

YEAH.

THERE'S TWO PONDS, BOTH BIOFILTRATION RIGHT.

I JUST WANTED TO CAPTURE THAT IN THE MOTION.

THANK YOU.

AND, UH, MY QUESTION IS JUST THAT COULD, THAT WE DON'T HAVE A DESIGN OF THAT BRIDGE, CORRECT? IT HAS NOT BEEN SUBMITTED.

IT'S NOT SUBMITTED OFFICIALLY.

UM, IT'S BEEN EMAILED INFORMALLY JUST BEFORE THIS MEETING THAT DOES NOT MAKE ME HAPPY.

SO MICHAEL WHALEN ON BEHALF OF THE APPLICANT, THE CHALLENGE HERE IS THIS WAS A PIVOT FROM WHAT WE HAD ORIGINALLY DYE DONE, SPENT A LOT OF TIME AND MONEY ON DESIGNING BULK BOX CULVERTS.

AND OBVIOUSLY, UH, YOUR ENVIRONMENTAL STAFF, YOU KNOW, WENT HEAD TO HEAD WITH US FOR A MUCH MORE EXPENSIVE OPTION.

AND SO WE JUST NEED EVERYBODY TO TAKE A DEEP BREATH AND KNOW THAT IF YOU PASS IT, ALLOWING FOR THE ARTS, THAT YOU'VE GOT A VERY COMPETENT, DIFFICULT STAFF THAT WILL CONTINUE TO BE COMPETENT IN DIFFICULT AND MAKING US DESIGN SOMETHING THAT IS APPROPRIATE AND FULLY COMPLIANT AS YOUR DEPUTY ENVIRONMENTAL OFFICER, UH, TOLD YOU.

SO BE REASSURED THAT YOU HAVE A COMPETENT STAFF THAT WILL HANDLE THIS IN A DIFFICULT, COMPETENT WAY WITH MUCH LOVE WITH WHAT WILL YOU SEND ME THAT DESIGN ONCE IT'S DONE? WHAT'D YOU SEND THAT DESIGN OUT ONCE IT'S FINISHED.

YEAH.

YEAH.

AND IT HAS TO BE DONE WITH A SITE PLAN.

IT'S GOING TO BE APPROVED WITH THE, WITH THE SITE PLAN.

IT HAS TO BE APPROVED BY, BY STAFF.

YEAH.

THANK YOU.

IT'LL BE, IT'LL BE BEAUTIFUL.

YOU MIGHT WANT TO, I COULD GET IT FRAMED IN THE WHOLE.

THAT SOUNDS GREAT.

I'M WITH YOU ON THAT.

ALRIGHT.

ANY OTHER FURTHER QUESTIONS? COMMENTS PRIOR? OH YES.

COMMISSIONER THOMPSON.

SHOULD WE DO LAY UNTIL THEY SUBMIT THE BRIDGE DESIGN THEN ASKED US TO COME BACK? UH, I'M GOING TO PUNT THAT TO STAFF MIKE MACDOUGAL, ENVIRONMENTAL REVIEW DEVELOPMENT SERVICE DEPARTMENT.

SO, UM, CERTAINLY COULD, UM, DELAY OR PUNT, A STAFF, UM, DELAY OF COURSE HAS ITS OWN CHALLENGES INVOLVED.

PUNTING TO STAFF BASICALLY MEANS THAT STAFF WOULD REVIEW IT IN ACCORDANCE WITH THE APPLICABLE REGULATIONS.

UM, SO IF IT WERE TO DELAY, THEN COME BACK.

WE WOULD JUST BE ABLE TO SAY, WE HAVE REVIEWED IT, IT COMPLIES WITH CODE.

IF WE DO IT NOW WE WILL REVIEW IT.

SO I SAY TO COMPLIANCE WITH CODE AND WITH ANY, UH, VARIANCES THAT MAY BE APPROVED OR MAY NOT BE APPROVED AS, AS THE VOTE GOES.

SO, UM, I THINK IT'S, UH, CLEARLY THE COMMISSION'S DISCRETION, BUT EITHER WAY IT WOULD NOT GET THROUGH THE PROCESS UNTIL IT COMPLIES WITH CODE.

THANK YOU.

DOES THAT HELP COMMISSIONER THOMPSON? I WAS JUST WONDERING, THERE'S NO WAY IT CAN REVERT BACK TO THE BOX CULVERT SINCE WE VOTED ON THE VARIANCE WITH THAT CONDITION, CORRECT.

THAT'S CORRECT.

THE VARIOUS CONDITIONS TRADITIONALLY ARE ADDED TO THE PLAN SET COVER SHEET.

SO IT WILL SAY, UH, UM, ASSUMING OF A VARIANCE IS GRANTED, IT WOULD SAY VARIANCE WAS GRANTED TO ALLOW CONSTRUCTION THE CRITICAL WATER

[00:25:01]

QUALITY ZONE FOR 25, 82 61, AND THAT WOULD LIST THE CONDITIONS.

AND SO WHAT THAT MEANS IS THAT SOMEBODY COULD NOT COME BACK AND CHANGE THE PLAN AND TRY, AND MAYBE DO NOT THAT THEY WOULD, OR, BUT SOMEBODY COULD NOT COME AND DO AN END RUN AROUND THE PARENT'S CONDITIONS BECAUSE IT BECOMES PART OF THE APPROVED PLAN SET.

THANK YOU.

YOU ALL RIGHT.

COMMISSIONER THOMPSON, MOVING ON.

OKAY.

OH, SORRY.

COMMISSIONER BARBARA.

THANK YOU.

NO PROBLEM.

UH, GOING OFF WHAT A COMMISSIONER COMPS AND SAID, PERHAPS THE MOTION SHOULD BE THAT WE APPROVE IT UNDER THE CONDITION THAT, UH, YOU KNOW, THAT THE BRIDGE IS MADE AS DESCRIBED, YOU KNOW, WITH THE, UH, CLEAR SPAN AND THE WATER QUALITY PONDS ARE MOVED OUT OF THE KIRK WATER ZONE AND THE SIDEWALKS ARE MADE SEMI-PERMEABLE AND ALL THESE OTHER THINGS THEY MENTIONED THAT ARE NOT IN THE CURRENT SUBMISSION ARE ADDED INTO THE MOTION TO APPROVE.

AND THAT WAY WE'VE GONE ON RECORD TO APPROVE IT WITH THESE THINGS ON THERE.

THAT WOULD BE MY SUGGESTION.

YES.

AND, AND, AND WE IT'S MANDATED ALREADY.

I WAS 14.

WE DON'T NEED YOU TO INCLUDE THAT.

THAT'S A MANDATED SITUATION.

OKAY.

THAT'S CORRECT.

I THINK SOME OF THE ITEMS THAT WERE SUGGESTED OUR, UH, EXISTING, UH, STAFF CONDITIONS FOR THE VARIANTS AND OTHER ITEMS ARE A CODE MANDATED, LIKE THE WHOLE DURATION PONDS AND THE LOCATIONS OF THEM.

UM, OF COURSE, IF THEY ARE A VARIANCE CONDITION, THAT'S TOTALLY FINE.

UH, IT IS, I THINK, FUNDAMENTALLY REDUNDANT TO THE REQUIREMENTS, BUT THERE'S NOTHING WRONG WITH REDUNDANCY.

JUST, IT WOULD JUST BE A COVER SHEET NOTE SAYING THIS MUST BE DONE AND IT WOULD JUST, IT WOULD, IT WOULD EFFECTIVELY REINFORCE CODE, BUT IT WOULD BE REDUNDANT TO CODE.

THANK YOU.

THANK YOU, SIR.

ANYTHING ELSE? I GOT ONE QUESTION.

YES, SIR.

SO FOLLOWING UP ON THAT, UM, THE REDUNDANCY REDUNDANTLY REDUNDANT PART IS THAT THE WATER QUALITY PONDS CAN NOT OCCUR WITHIN THE HALF CRITICAL.

IS THAT CORRECT? THAT'S CORRECT.

25 8 2 61 WOULD NOT ALLOW WATER QUALITY PONDS WITHIN THE HALF CRITICAL WATER QUALITY ZONE OF THIS WATERSHED.

AND SO THEY CAN BE IN THE UPPER HALF OF THE CRITICAL WATER QUALITY ZONE.

IF THEY'RE A BIOFILTRATION PONDS, THEY MAY NOT BE IN THE INNER HALF OF THE CRITICAL WATER QUALITY ZONE.

AND, UM, THERE'S A LITTLE BIT OF GRADING CURRENTLY WITHIN THE INNER HALF OF THE CRITICAL WATER QUALITY ZONE, WHICH STAFF'S PERSPECTIVE IS THE GRADING CAN NOT BE IN THE, IN THE INNER HALF BECAUSE THE PONDS CAN NOT BE IN THE INNER HALF.

AND THE GRADING IS FOR THE PONDS.

THEREFORE THE GRADIENT CANNOT BE SO THAT THE GRADING WILL BE SHIFTED A FEW FEET.

SO THAT WILL BE IN THE UPPER HALF OF THE CRITICAL WATER QUALITY ZONE.

OH YEAH.

ON THE, ON THIS MICHAEL WHALEN ON BEHALF, THE APPLICANT, THE, THE PERVIOUS PAVER ISSUE WAS IN LOW TRAFFIC AREAS, WHICH ARE KIND OF THE MOST OF THE, UH, UM, AREA, BUT THERE ARE SOME HIGH TRAFFIC AREAS WHERE JUST FOR DURABILITY, YOU DON'T WANT TO KEEP REPLACING, REPLACING AND STIRRING UP MORE DIRT, FRANKLY.

AND SO THERE, UH, I THINK THE REFERENCES LOW TRAFFIC WAS THE RECOMMENDATION, LOW TRAFFIC.

UH, OKAY.

I JUST WANT TO BE SURE.

THANK YOU.

OKAY, EVERYBODY GOOD? ALRIGHT.

ALL IN FAVOR.

RAISE YOUR HAND OR SAY, AYE, MOVE.

WE CLOSED THE PUBLIC HEARING.

GOSH, I'M DONE WITH THIS.

I GOING TO GO UP ALL THE FACTS.

OKAY.

MOTION SECOND.

ALL IN FAVOR TO CAUSE THE MOTION PUBLIC HEARING.

OKAY.

EIGHT.

OH, THANK YOU VERY MUCH, SIR.

ALL RIGHT, SO NOW I DO NOT I'M SURE.

UM, ON AGENDA ITEM THREE, A SUBJECT STILL WATER DOUBLE CREEK PHASE TWO SP 2021 DASH 0 1 7 8 C.

WHEREAS ENVIRONMENTAL COMMISSION RECOGNIZED THE APPLICANT IS REQUESTING A VARIANCE FROM 25 DASH EIGHT DASH 2 6 1 TO ALLOW DEVELOPMENT IN THE CRITICAL WATER QUALITY ZONE WHERE WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZED THE SITE IS LOCATED IN ONION CREEK, SUBURBAN WATERSHED AND THE DESIRE DEVELOPMENT ZONE.

AND WHEREAS THE ENVIRONMENTAL CONDITION RECOGNIZES THAT STAFF RECOMMENDS THIS VARIANCE WITH TWO STAFF CONDITIONS, HAVING DETERMINED THE REQUIRED FINDINGS OF FACT HAVE BEEN MET.

THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS THE VARIANCE REQUESTS WITH THE FOLLOWING TWO STAFF CONDITIONS.

NUMBER ONE, INTERNAL LOW TRAFFIC PEDESTRIAN WALKWAYS THROUGHOUT THE SITE SHALL BE CONSTRUCTED WITH PERMEABLE PAVERS OR POROUS PAVEMENT IN ACCORDANCE WITH THE ENVIRONMENTAL CRITERIA MANUAL TO DECREASE OVERALL IMPERVIOUS COVER INCREASED STORMWATER INFILTRATION AND INCREASE BASE IN STREAM CHANNEL IN THIS DREAM CHAMP.

NUMBER TWO, THE SECOND THAT AFRICAN MISSION, THE CRITICAL WATER QUALITY IS AND WILL BE CROSSED WITH A SPAN BRIDGE DESIGN INSTEAD OF A NORMAL BOX CULVERT.

THIS WILL ALLOW FOR LIGHT TO PENETRATE TO THE NATURAL GROUND SURFACE AND FOR VEGETATION TO GROW THUS MAINTAINING A MORE NATURAL STREAM CHANNEL.

AND WITH THE FOLLOWING TWO

[00:30:01]

ENVIRONMENTAL COMMISSION CONDITIONS, NUMBER ONE, THE PROJECT WILL USE BIOFILTRATION IN BOTH WATER QUALITY PONDS ONSITE, AND NUMBER TWO, THE WATER QUALITY PONDS WILL NOT OCCUR WITHIN THE HALF CRITICAL WATER QUALITY ZONE.

THANK YOU.

THANK YOU.

YOU MUST SHOW UP FOR, I GOT THE SECOND WE HAVE A MOTION.

OH YES, SIR.

I APOLOGIZE FOR JUMPING UP.

SO ROUGHLY MIKE MACDOUGAL AND VERMONT REDEVELOPMENT SERVICES, UM, JUST TO AVOID ANY POSSIBLE CONFUSION OR CONFLICTS, I, I MIGHT SUGGEST THAT THAT THE PONDS MAY NOT BE IN THE INNER HALF OF THE CRITICAL WATER QUALITY ZONE.

I MEAN, CERTAINLY WE ALL UNDERSTAND, BUT I WOULDN'T WANT THERE TO BE ANY CONFUSION IN THE FUTURE WITH THAT.

THANK YOU.

THANK YOU FOR THE CLARIFICATION.

SO LET ME READ THAT AGAIN.

THE TWO ENVIRONMENTAL COMMISSION CONDITIONS ARE THE PROJECT WILL USE BIOFILTRATION IN BOTH WATER QUALITY PONDS ONSITE, AND THE WATER QUALITY PONDS WILL NOT OCCUR WITHIN THE INNER HALF CRITICAL WATER QUALITY.

SO THANK YOU.

GOT IT.

OKAY.

THANK YOU AGAIN, COMMISSIONER BEDFORD.

OKAY.

ALL IN FAVOR.

SAY AYE, BY RAISING YOUR HANDS AND THIS MOTION CARRIES EIGHT.

OH, THANK YOU VERY MUCH FOR COMING OUT.

AND WE WANT TO SEE THAT BRIDGE WHEN IT'S DONE A LITTLE MODEL.

OKAY.

MOVING ON

[4. COMMITTEE REPORTS]

THAT.

NEXT IS COMMITTEE REPORTS, URBAN FORESTRY COMMITTEE.

YES.

UH, COMMISSIONER GUERRERO.

AND I SPOKE WITH, UH, SOME MEMBERS OF CITY STAFF A COUPLE OF WEEKS AGO ON, UH, THE GHOST TREE PROBLEM.

AND, UH, THEY'RE, YOU KNOW, THEY ACKNOWLEDGED US PROBLEM AND THEY'RE WORKING WITH, UH, COUNCIL TO, UH, COME UP WITH A NEW CITY ORDINANCE THAT WOULD APPROVE THE, UH, EXISTING HERITAGE TREE ORDINANCE AND ADDRESS THIS PROBLEM.

AND SOME OTHER PROBLEMS THAT HAD BEEN IDENTIFIED, YOU KNOW, AS DEFICIENCIES OR GAPS IN THE OLDER ORDINANCE AND UPDATE IT TO BE MORE CURRENT WITH THE FACTS THAT ARE EXISTING TODAY.

AND WE'RE WORKING WITH THEM ON AN ONGOING BASIS ON THAT.

THANK YOU.

UM, SUSTAINABILITY.

OH, GREAT.

ANYTHING HAPPENING, COMMISSIONER BIXLER.

I WILL UPDATE YOU ON NEXT TIME WE BEING THIS PAST MONTH, WHAT'S CANCELED BECAUSE DUE TO LACK OF QUORUM AND SO I WILL KEEP YOU POSTED, THANK YOU.

OUR COUNTIES.

DID THEY EVER MEET? NOT YET.

WOW.

UM, JOINT COMMITTEE WE'RE MEETING DECEMBER 20TH.

I BELIEVE IF WE HAVE A QUORUM AND I'LL REPORT BACK IN JANUARY OR SEND SOMETHING VIA EMAIL TO Y'ALL AND THEN, UM, THE PARKS COMMITTEE HAS NOT MET YET AND WE STILL NEED PEOPLE TO VOLUNTEER FOR THE JOINT COMMITTEE IF POSSIBLE.

YES.

WOW.

BINGO.

YAY.

THANK YOU.

BOTH NOT IMMATURE.

AND AKILAH CHAMPION WATERSHED PROTECTION AT THIS POINT TO MAKE SURE THAT THERE IS EQUAL PARTICIPATION.

WE ONLY NEED ONE MEMBER.

I MEAN, EQUAL PARTICIPATION FROM BOTH COMMISSIONS, THE PARKS BOARD AND THE ENVIRONMENTAL COMMISSION.

WE NEED JUST ONE MORE.

OKAY.

BUT WE HAVE TO, THAT COULD POSSIBLY DO IT.

OKAY.

SO, WELL, IF SOMETHING WERE TO SHIFT, I'M GLAD I'M KEEPING THEM ON MY LIST.

ALL RIGHT GUYS.

UM,

[FUTURE AGENDA ITEMS]

ANY FUTURE AGENDA ITEMS FROM ANYONE YOU DON'T KEY? UH, THEN WE HAVE A RACK AND WE'RE GOING TO ADJOURN AT SIX 30 FOR

* This transcript was compiled from uncorrected Speech-to-Text.