* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:06] THE [Call to Order] APRIL 3RD, 2022 MEETING IS CALLED TO ORDER AT 6:03 PM. I'M GOING TO GO AHEAD AND TAKE THE ROLE MAY, UH, IS SAY SIR, A KOSTA PRESENT. I, I UNDERSTAND HE'S ABSENT. OKAY. UH, COMMISSIONER, UH, OR CHAIR, NADIA, BERETTA RAMIREZ PRESENT IT. UH, COMMISSIONER BOON. I UNDERSTAND. HE'S ABSENT AS WELL. UM, MYSELF AND DAN CLER. I'M CRESCENT. BETSY GREENBERG. YEAH. COMMISSIONER KING HERE. COMMISSIONER KIELBASA, IR COMMISSIONER SMITH. I UNDERSTAND. HE'S ALSO ABSENT COMMISSIONER STERN HERE. COMMISSIONER THOMPSON. I UNDERSTAND. SHE'S ABSENT AS WELL. COMMISSIONER WOODY PRESENT. OKAY. IS THERE ANYONE SIGNED UP FOR CITIZEN COMMUNICATION? [PUBLIC COMMUNICATION] OKAY. YES, WE DO HAVE SOMEONE WHO IS, WHO IS HERE TO SPEAK. I DO NOT KNOW IF THEY ARE REGISTERED, BUT, BUT THEY ARE HERE TO SPEAK AND IN PERSON. OKAY. UH, WILL YOU COME UP AND YOU'LL NEED TO READ YOUR NAME INTO THE RECORD? HELLO. UM, MY NAME IS MICHAEL NY HASS, M I C H A E L N A H A S. UH, GOOD EVENING. UH, AS YOU HEARD, MY NAME IS MICHAEL . I'M AN ECONOMIST. I STUDIED LAND PRICES HERE IN AUSTIN AND HAVE DONE THAT FOR ABOUT TWO OR THREE YEARS. I GOT RECENTLY ASKED, UM, HOW TO FIX THE HOUSING CRISIS. WE HAD PRICES OF HOUSES GO OVER, LIKE THE MEDIAN SOLD FAMILY HOUSE WENT OVER HALF A MILLION DOLLARS. IT WENT UP BY MORE THAN $50,000 IN A SINGLE MONTH. THAT'S MORE THAN THE AVERAGE ANNUAL SALARY FOR SOMEBODY IN AUSTIN. UM, AND I WAS ASKED HOW TO FIX IT. UM, AND I CAN EXPLAIN MINIMUM LOT SIZES AND CITE THE WORK BY ED GLACIER AND OTHERS. UM, BUT IT'S VERY DRY. UM, AND IT'S NOT VERY CONVINCING. UM, BUT THEN I FIGURED OUT LIKE THE EASY SOLUTION IS TO REVERSE THE PROBLEM LIKE TV AND BUSINESS HAVE NOT TAUGHT US HOW TO LOWER PRICES. THEY'VE TAUGHT US HOW TO SHUT OUT COMPETITION AND RAISE PRICES. AND SO WHEN YOU START LOOKING AT HOW TO CAUSE A HOUSING CRISIS, AND YOU LOOK AT IT FROM THE POINT OF SOMEBODY WHO OWNS PROPERTY HERE IN AUSTIN AND WANTS TO DRIVE UP THE PRICE OF RENT IN ALL THEIR RENTAL PROPERTIES, WHAT KIND OF LAWS WOULD THAT PERSON WANT TO PASS IN AUSTIN? THEY WANT TO REDUCE COMPETITION FOR THEIR HOUSING. SO THE FIRST THING THEY'D WANT TO PASS IS MAKING IT HARD TO SPLIT LOTS. THEY WANT CURB REQUIREMENTS. THEY WANT ALL SORTS OF REQUIREMENTS BECAUSE IN THAT CASE, THERE ARE FEWER LOTS, AND THAT MEANS LESS COMPETITION. THEY WANT THE PROCESS TO SPLIT A LOT, EVEN IF YOU CAN TAKE A LONG TIME. AND AT THE MOMENT IT'S TWO YEARS TAKES $40,000. A LOT OF INFIELD DEVELOPERS WILL NO LONGER SPLIT LOTS AND THEY'D WANT A MINIMUM LOT SIZE, WHICH MEANS YOU CAN'T EVEN SPLIT A LOT. IF IT'S THAT SIZE TO GO ON, THEY WOULD WANT TO REDUCE THE AMOUNT OF FAMILIES LIVING ON A PARTICULAR LOT. SO THEY'D HAVE ONLY ONE UNIT ALLOWED PER LOT AND THAT SINGLE FAMILY ZONING, WHICH IS WHAT AUSTIN HAS. UM, THEY WOULD WANT TO RESTRICT THE BUILDING SIZE BECAUSE YOU KNOW, THAT FAMILY MIGHT SQUEEZE SOMEBODY ELSE IN THERE IF THERE'S EXTRA SQUARE FOOTAGE. SO THEY WOULD WANT A FAR WHICH LIMITS THE BUILDING SIZE BASED ON THE AMOUNT OF THE LOT SIZE THEY WOULD WANT SETBACKS. I MEAN, SETBACKS ARE WONDERFUL. THAT'S LAND THAT CAN'T BE USED FOR HOUSING AT ALL. IT CAN'T BE USED FOR ANYTHING. UM, THEY WOULD WANT EXPENSIVE CONSTRUCTION. THEY WOULD WANT FEES PER BUILDING AND PER UNIT, WHICH AUSTIN HAS AND IS GOING TO ADD MORE. UM, AND THEY WOULD WANT SLOW CONSTRUCTION. THEY WOULD WANT LONG PROCESSES IN ORDER TO GET APPROVED WITH MANY REQUIREMENTS AND THEY WOULD ALLOW WANT ANYBODY TO BE ABLE TO PROTEST. THOSE ARE ALL THE LAWS IN AUSTIN. THESE ARE THE LAWS THAT ARE CREATING THE HOUSING CRISIS, AND WE NEED TO CHANGE THEM. IF WE WANT TO FIX THE HOUSING CRISIS, WE NEED TO CHANGE THESE [00:05:01] LAWS. THANK YOU, MR. . THANK YOU. AND MS. RHODES IS GOING TO SERVE AS FACILITATOR AND READ THE AGENDA AND, UM, INTO THE RECORD. GOOD EVENING. MY NAME IS WENDY RHODES WITH THE HOUSING AND PLANNING DEPARTMENT, AND I WILL BEGIN, UH, READING THROUGH THE AGENDA PART A IS APPROVAL OF MINUTES FROM APRIL 19TH, 2022, OFFERED AS CONSENT UNDER BE PUBLIC HEARINGS, ZONING C 14 20 22 0 0 0 7 1 0 2 5 8 OLD LOCKHART ROAD. THE REQUEST IS FROM AN ZONE TO MF TWO, AND THERE IS A POSTPONEMENT REQUEST BY THE STAFF TO JUNE THE SEVENTH, 2022 TO BE OFFERED AS FOR CONSENT. NUMBER TWO, REZONING C 14 20 22 0 0 33 7 6 0 3. COOPER. THE REQUEST IS FROM DR. TO MF TO THE STAFF. RECOMMENDATION IS SF SIX. THE NEIGHBORHOOD AND APPLICANT ARE AGREEABLE TO SF SIX. WHAT THEY CONDITIONAL OVERLAY, UH, AGREEING TO PROHIBIT THE SHORT-TERM RENTAL USE BOTH THE APPLICANT AND THE NEIGHBORHOOD ARE AGREEABLE TO SF SIX CEO WITH THE CONDITIONAL OVERLAY ONLY TO PROHIBIT SHORT-TERM RENTAL. AND THAT IS TO BE OFFERED FOR CONSENT APPROVAL. NUMBER THREE, ENVIRONMENTAL VARIANCE SP 20 20 0 2 55, DS TRAVIS COUNTY ESD NUMBER FOUR, FIRE STATION PARKING LOT IMPROVEMENTS. THIS, UH, IS RECOMMENDED BY THE ENVIRONMENTAL COMMISSION AND IS OFFERED FOR CONSENT APPROVAL. IT INVOLVES VARIANCES TO THE LAND DEVELOPMENT CODE FOR DRIVEWAY ON SLOPES OVER 15% PARKING ON SLOPES OVER 15% FILL OVER FOUR FEET AND IMPERVIOUS COVER OF 27.5%. NET SIDE AREA OFFERED FOR CONSENT. NUMBER FOUR FINAL PLATFORM AND APPROVED PRELIMINARY PLAN CA 20 17 0 1 5 4 0.0 1.2 A INTERPORT SECTION TWO C LOCATED AT 31 0 1 FALWELL LANE, GENERALLY AT EAST HIGHWAY 71 AND EAST STATE HIGHWAY ONE 30. THIS IS RECOMMENDED WITH CONDITIONS PER EXHIBIT C AND OFFERED FOR CONSENT APPROVAL. NUMBER FIVE REPLAT C H J 20 2100 HUNDRED 80.08, HIDDEN OAKS EAST DATE SUBDIVISION. THE STAFF RECOMMENDATION IS RECOMMENDED WITH CONDITIONS PER EXHIBIT C. IT WILL BE A DISCUSSION CASE NUMBER SIX, PLANT VACATION, C S 77, 1 36 VACATION. UH, LARRY JAMISON SUBDIVISION PLAT VACATION. THIS IS LOCATED AT 3 1 5 NORTH TUMBLEWEED TRAIL. IT IS RELATED TO ITEM NUMBER FIVE. IT IS RECOMMENDED BY THE STAFF AND IT IS A DISCUSSION ITEM AS WELL. AND THAT CONCLUDES THE READING OF THE PUBLIC HEARING ITEMS. ALL RIGHT, I'LL GROUP THE ITEMS, UH, FOR THE CONSENT AGENDA, THEY ARE A ONE THE MINUTES B ONE IS A STAFF POSTPONEMENT REQUEST TO JUNE 7TH, 2022. UH, AND WE ALSO HAVE ON THE CONSENT AGENDA, B TWO A WITH THE ADDITION OF A CEO ON B2 B3 BEFORE, IS THERE A MOTION ON THE CONSENT AGENDA? UH, RECOGNIZED COMMISSIONER GREENBERG UM, MOVED TO APPROVE THE CONSENT AGENDA, AS YOU JUST STATED IT. AND YOU WERE CLOSING HEARINGS AT THE SAME TIME, I'M ASSUMING AND CLOSED THE PUBLIC HEARINGS ON THOSE CASES. ALL RIGHT. IS THERE A SECOND TO THE MOTION? SECOND? ALL RIGHT. THE SECOND IS COMING FROM COMMISSIONER. KOBASA ALL THOSE IN FAVOR AND THAT PASSES, UH, WITH EVERY COMMISSIONER PRESENT. UH, LET'S GO AHEAD AND TAKE ITEM FIVE. [Items 5 & 6] UH, DO WE NEED A STAFF PRESENTATION ON THIS SIDE ITEM? UH, YES. MR. HOPKINS WITH DEVELOPMENT SERVICES, WE'LL BE PRESENTING ITEMS FIVE AND SIX. NICE TO SEE AGAIN. GOOD EVENING COMMISSIONERS. I DON'T HAVE BOOK. EXCUSE ME. I'M STEVE HOPKINS PLANNING OFFICER FOR DEVELOPMENT SERVICES DEPARTMENT. I SUPERVISE THE SUBDIVISION REVIEW TEAM. I DON'T HAVE A PRESENTATION. I CAN JUST QUICKLY SUMMARIZE THE TWO CASES. UM, ARE WE TAKING BOTH CASES AT ONCE FIVE AND SIX OR JUST, THAT WAS THE STATE OF PREFERENCE AT THE LAST MEETING. UM, SHOULD WE DO THE PLAT VACATION FIRST AND THEN ADDRESS THE SUBDIVISION? WOULD THAT BE YOUR RECOMMENDATION? THERE'S NO HARM IN EITHER WAY, BUT IT [00:10:01] MAY BE EASIER TO TAKE BOTH OF US. ALL RIGHT, WE'LL GO AHEAD AND TAKE THEM BOTH AT ONCE, UNLESS THERE'S ANY OBJECTION. UH, MS. RHODES, IF YOU CAN CALL UP THE APPLICANT, I BELIEVE HE WAS HERE IN PERSON ON THE FIVE, UH, YES. THAT THE APPLICANT FOR BOTH CASES IS, UH, PAUL CHRISTIAN. OKAY. CHRIS, COME TO THOSE. YEAH. ALL RIGHT, PLEASE COME TO THE MICROPHONE. YES, ACTUALLY I, I REQUESTED, CAUSE I KNOW THERE'S SOMEBODY WHO WANTS TO SPEAK IN OPPOSITION. I WANTED TO LET HIM SPEAK FIRST. AND THEN I WAS GOING TO SPEAK TO HIS CONCERNS. HE AND I HAVE BEEN TALKING BACK AND FORTH, UM, IN YOUR INTERACTING AND FROM MY UNDERSTAND, HE JUST WANTS TO BE ON RECORD, UH, WITH HIS OPPOSITION, BUT WE'RE GOING TO CONTINUE OUR TALKS AND CONTINUE TO WORK THROUGH, UM, THE CONCERNS THAT HE HAS. SURE. LET'S GO AHEAD AND LET YOU SPEAK. THAT'S OUR ORDER OF PROCESS. AND THEN HE WILL BE ABLE TO STATE HIS, UH, COMMENTS ON THE RECORD AND YOU WILL BE ALLOWED TO REBUT ANY COMMENTS. OKAY. OKAY. I APPRECIATE THAT. OKAY. SO I I'VE GIVEN YOU GUYS A JUNK FILE WITH SOME INFORMATION HERE. AND, UM, WHAT I UNDERSTAND THE CONCERNS ARE OF, OF MR. BABS ARE, UM, WHAT ARE THE CALLED THE PEAK FLOWS OF THE DRAINAGE THAT'S COMING FROM THE DEVELOPED ARE, OR WHAT WOULD BE THE DEVELOPED AREA OF THE SUBDIVISION? THIS IS A, I HIGHLIGHTED THIS ITEM. THIS IS AN ITEM OR HIS FLOWS THAT HE HAD TO DEVELOP WITH HIS ENGINEER WHEN HE WENT AND HE BASICALLY CHANGED THE DRAINAGE'S MITT FOR HIS PROPERTY, HIS PROPERTY. IF YOU LOOK AT PAGE THREE, S USED TO SIT DIRECTLY IN THE DRAINAGE EASEMENT BEFORE HE TOOK THE, UM, BEFORE HE TOOK THE, UH, UH, TOOK THE PROBLEM OR TOOK THE ISSUE, OR ACTUALLY IT WASN'T HIM. IT WAS A PREVIOUS OWNER, UM, TO THE COUNTY AND GOT THEM TO CHANGE THE DRAINAGE EASEMENT IN 2015. AND SO WHEN HE DID THAT, OR ACTUALLY THE PREVIOUS OWNER DID THAT, THEY HAD TO DO THEIR OWN ANALYSIS. AND WHEN THEY DO AN ANALYSIS, THEY HAVE TO, THEY HAVE TO BASICALLY, UM, PROPOSE SOMETHING THAT ALREADY HAS DEVELOPMENT UPSTREAM, MEANING WHERE WE ARE OF ABOUT APPROXIMATELY 25% OF THE LAND AREA IN ORDER TO DO THIS ANALYSIS AND MAKE SURE THEY HAVE SUFFICIENT SPACE AND SUFFICIENT, UM, ESPECIALLY IN THE ACCOUNTED FOR THE WATERS THAT WOULD RUN OFF IN A DEVELOPED SCENARIO. WE TOOK THAT SAME SCENARIO AND WITH THE NEW ATLAS 14 REQUIREMENTS AND HAVE REVISED WHAT HE HAS HERE, HIS METHODOLOGY IS, IS WHAT'S CALLED A RATIONAL METHOD METHODOLOGY. IT'S JUST ONE SINGLE POINT THAT SHOWS A PEAK FLOW. WHEREAS, UM, ATLAS 14 CALLS IN A GREATER POTENTIAL RAINFALL AT THIS POINT, UM, WHEN THE CITY AND THE COUNTY, UM, INTRODUCE THAT, I DON'T KNOW WHAT YEAR, BUT IT WAS AFTER THIS, AFTER HE HAD CHANGED HIS DRAINAGE AND MET, UM, WE HAD TO THEN DO OUR ANALYSIS BASED ON WHAT THAT FLOW WOULD BE. SO IF YOU LOOK AT PAGE FOUR, IT GOES FROM HIS, HIS STRAIGHT LINE OR HIS, HIS RASH, OR, UH, EXCUSE ME. UM, HIS, UH, UH, I'M TRYING TO MAKE SURE I GET THE RIGHT, THE RIGHT VERBIAGE HERE IS I THINK IT'S RATIONAL, UM, ANALYSIS TO, UM, UH, TO WHAT WE THEN DID ON PAGE FIVE TO AN HMS ANALYSIS, WHICH TAKES INTO CONSIDERATION THE DRAINAGE, DETENTION, PONDS, AND WATER FILTRATION PONDS THAT WE HAVE TO INCLUDE. SO HIS OLD ANALYSIS, A DINT IN SUFFICE FOR THOSE, THOSE, THOSE PIECES. AND THEN SECONDLY, WITH ATLAS 14, IT INCREASED THE ACTUAL PEAK FLOW. NOW THIS IS JUST IN THE, YOU KNOW, THE, THE HUGE EVENT. AND ACTUALLY, AS I UNDERSTAND OUT THIS 14 IS, UM, AN EVENT THAT'S ALMOST LIKE A 500 YEAR FLOOD VERSUS THE A HUNDRED YEAR, BUT THEY NOW HAVE MOVED THE TARGET A LITTLE BIT CLOSER TO WHAT WOULD BE A 500 YEAR FLOOD SCENARIO. SO THAT IS WHAT THAT 1 56 DAYS IS. DO YOU HAVE A QUESTION? OH, THE 1 56 IS, IS THE NEW, UM, [00:15:01] PEAK FLOW FOR, UH, FOR WATER AS IT MOVES OUR ANALYSIS AGAIN, WHICH WOULD BE THE NEXT PAGE SHOWS IN THE CURRENT SCENARIO, THE CURRENT EXISTING CONDITION AND UTILIZING DETENTION AND ALL OF THOSE, THOSE, THOSE ITEMS, UM, THAT WE HAVE TO DO, WHICH HIS MODELS DIDN'T SHOW BECAUSE IT DIDN'T HAVE TO ACCOUNT FOR THEM. AND AGAIN, THIS IS, THIS IS HE HAD TO DO IT AS DEVELOPED AND WE'RE DOING IT AS DEVELOPED. SO IT'S, IT'S APPLES TO APPLES FROM THAT STANDPOINT, UM, WITH THE NEW MODEL, IT SHOWS HIS RATE OF, OF, UM, CUBIC FEET PER SECOND OF WATER TO BE SOMEWHERE AROUND 173 CUBIC FEET PER SECOND. AND THE PROPOSED THAT WE'RE PROPOSING WOULD BE A MODEL THAT, THAT RELEASES IT AT APPROXIMATELY 172 FEET PER SECOND, WHICH WOULD BE LESS THAN WHAT'S CURRENT EXISTING. WE ALSO TALKED TO MR. BABS ABOUT IF YOU GO TO THE PAGE, IT'S THE MAP THAT HAS THE LOTS ON IT. I THINK IT'S PAGE EIGHT, ONE MORE, ONE MORE. UM, WHAT WE'VE DONE ALSO AS PER HIS CONCERN IS TRY TO DIRECT THE WATER AS, AS HE'S ASKED TO THE LOCATION THAT IT'S CURRENTLY AT WITH DISSIPATION IN REDUCING THE FORCE AS WELL. SO WE HAVE RIP RAP THERE. WE HAVE, WE HAVE, WE HAVE ITEMS THERE TO SPREAD THE WATER AND REDUCE IT TO A VELOCITY UNDERNEATH AT, OR AN AGAIN WE'RE GONNA HAVE TO BE AT OR UNDERNEATH WHAT'S CURRENTLY EXISTING. AND SO THAT'S WHAT WE'VE DONE, UH, IN, IN THIS ANALYSIS. SO I WANTED TO POINT THAT OUT. THE LAST THING I WANTED TO POINT OUT IS AT THE LAST MEETING, THERE WAS A QUESTION ABOUT A WATERWAY. WHAT'S A WATERWAY, WHAT'S NOT A WATERWAY AND NONE OF MY LAST SLIDE. UM, WE TALK ABOUT THAT JUST A MEYER WATERWAY HAS A DRAINED YEAR AREA OF AT LEAST 64 ACRES. AND WHAT WE'RE TALKING ABOUT IS BETWEEN 20 AND 25 ACRES OF, OF WATER THAT WILL BE FLOWING THAT WAY. SO JUST TO MAKE MY LAST POINT, UM, WE ARE RELEASING THE SAME, UH, IN THE SAME LOCATION, UH, THE WATER, UH, AND SPREADING THE FLOWS AND REDUCING THE VELOCITIES AT, OR BELOW THE CURRENT PEAK FLOW OF DRAINAGE. THAT'S MOVING ACROSS THE LAND OR MOVING ACROSS THE PROPERTY. OKAY. THANK YOU, MR. CHRISTIAN. THANK YOU. UH, AND MS. RHODES, IF YOU CAN LET ME KNOW WHO, UH, IS HERE TO SPEAK IN OPPOSITION. WE HAVE MR. DANIEL BABS IN OPPOSITION. HE IS ON THE TELECONFERENCE. MR. BABBS, PLEASE GO AHEAD WITH YOUR COMMENTS. MY NAME IS DANIEL BAD. UH, MY HOME IS AT 4 0 1 NORTH TUMBLEWEED TRAIL, AND I SHARE THE ENTIRE NORTHEAST PROPERTY LINE OF THE PROPOSED DEVELOPMENT. UM, THE PROPOSED CHINESE FACILITY ALONG THAT CHAIR PROPERTY LINE DOES DRAIN INTO THE DEDICATED DRAIN CASEMENT OF THE PUBLIC RECORD LOCATED ON MY PROPERTY. UM, AS, AS MR. CHRISTIAN HAD DESCRIBED THAT DRAINAGE EASEMENT IS MORE THAN JUST AN EARTH AND CHANNEL. UM, THERE'S MULTIPLE FEATURES INCORPORATED THAT WERE ENGINEERED BACK IN 2015. UM, I PURCHASED THE PROPERTY. THE PREVIOUS OWNER WAS THE ONE WHO WENT THROUGH TRAVIS COUNTY AND DID ALL OF THIS WORK, BUT THERE ARE MULTIPLE FEATURES THAT CULVERT A BOTTOM WALL, DRY STACK WALL THAT REDIRECTS THE FLOW AND TURNS IT AROUND THE RESIDENT. UM, ONE OF THE THINGS, AS HE'S POINTED OUT THAT MY CONCERN IS, IS THAT THE CALCULATION OF THE MAXIMUM FLOW, UM, DOES THE EXCEEDING THE EXISTING FLOW OF WHEN THIS WAS ENGINEERED AND DESIGNED IN 2015, UH, AS HE STATED, THAT WAS 133 CFS. AND THE CURRENT PROPOSAL IS 1 73 CFS. SO I'M NOT REALLY FOLLOWING HOW THAT'S MATCHING EXISTING CONDITIONS BECAUSE WHATEVER ENGINEERING ASSUMPTIONS WERE MADE BY THE PROFESSIONAL ENGINEER THAT DESIGNED ALL OF THE FEATURES, NOT JUST THE EARTH AND CHANNEL THAT THEY'VE ONLY DONE THE ANALYSIS ON, DO THEY HAVE THE PROPER SAFETY MARGIN TO WITHSTAND THOSE FLOWS THAT THEY'RE PUSHING DOWN BECAUSE IT'S MORE THAN WHAT THEY'RE ACTUALLY CALCULATING IN THE DRAINAGE AREA. THEY MAY BE CONVEYING MORE BECAUSE THEY ACTUALLY WORKED IN AN ATLAS AND AUDIT THE RATIONAL METHOD AS MY TEACHERS WERE ENGINEERED TO. SO I DO WANT TO ACKNOWLEDGE AS MR. KRISTEN POINTED OUT, HE HAS CONTACTED ME HE'S THEY'VE MADE ADJUSTMENTS SEE, AND HAS AN EAR TO THE [00:20:01] PROPOSED PLAN TO ADDRESS SOME OF MY INITIAL CONCERNS. UM, BUT AS I'VE STATED, THE, THE CURRENT FLOWS AS I SEE THEM, UM, ARE EXCEEDING THE EXISTING AND NEED TO BE ADDRESSED TO COMPLY WITH TITLE 30 REQUIREMENTS. SO I REALIZED THAT THE FINAL SPECIFICATIONS HAVE NOT BEEN SUBMITTED FOR REVIEW TO TNR. THAT MAY BE THE NEXT STEP. SO I'M LOOKING FORWARD TO SEE WHAT THOSE ARE GOING TO LOOK LIKE. BUT AGAIN, IN OPPOSITION, IT'S PRIMARILY BECAUSE OF THE EXISTING FLOW DEVELOP FLOW, NOT MATCHING THE EXISTING CONDITION. THANK YOU, MR. CHRISTIAN, DO YOU HAVE ANY REBUTTAL FOR THAT? I NEED TO COME UP AND TALK, TALK TO THAT A LITTLE BIT BETTER. HE JUST ARRIVED. IS THAT, IS THAT FINE? CAN I HAVE HIM TO TALK TO, UH, YEAH, I THINK THAT'S ALLOWABLE. GO AHEAD. YOU HAVE THREE MINUTES THOUGH, FOR THAT REBUTTAL TALK FAST. ALL RIGHT. MY NAME IS DEAN THOMAS, UH, FOR THE ENGINEER FOR THE PROJECT FOR PAUL. UM, MR. KRISTIN, APOLOGIZE FOR BEING LATE THIS EVENING. UM, LET ME JUMP INTO IT THOUGH. UH, I THINK WE'RE HAVING A MISCOMMUNICATION WITH MR. BABS IN TERMS OF HOW THE DRAINAGE, UH, PEAK FLOW RATES ARE BEING CALCULATED. WHEN HIS ENGINEER DID THE STUDY, HE USED WHAT'S CALLED A RATIONAL METHOD, WHICH GIVES YOU ONLY ONE FLOW RATE, THE PEAK FLOW RATE FROM A DRAINAGE AREA. IT'S A QUICK AND SIMPLE CALCULATION THAT CAN BE DONE, UH, TO SHOW WHAT THE PEAK FLOW WOULD BE FOR A DRAINAGE AREA. UH, IN THE INTERIM, ALICE 14 PRECIPITATION HAS COME ALONG AND WE HAD TO USE THAT AS THE CITY REQUIRES IN THE COUNTY, UH, WHICH OBVIOUSLY INCREASES THE FLOW RATES. WE DID A STUDY KIND OF RECREATED HIS ANALYSIS AND SHOWED THE FREAK FLOW RATES GO FROM 1 33 TO ABOUT 1 56, TO DO THE ANALYSIS FOR THE SUBDIVISION. WE HAD TO USE A FLOW ROUTING SOFTWARE, NOT JUST A PEAK FLOW BECAUSE WE HAVE THE DETENTION BASINS. WE HAVE TO ROUTE FLOWS THROUGH, REACHES IN THROUGH THE DETENTION PONDS, WHICH REQUIRES A DIFFERENT SOFTWARE AND DIFFERENT METHODOLOGY. THE TWO METHODOLOGIES ARE NOT IDENTICAL. YOU'LL NOT GOING TO GET THE SAME PEAK FLOW RATES. I CALCULATED TO THE BEST OF MY JUDGMENT, WHAT THE EXISTING PEAK FLOW RATE WOULD BE USING THE NEW PROGRAM. AND IT WAS 1 72 0.9 CFS. WE DESIGNED OUR IMPROVEMENTS TO STAY AT OR BELOW THAT EXISTING PEAK FLOW RATE. AND AGAIN, WE'VE TRIED TO ACCOMMODATE SOME OF THE REQUESTS AS FAR AS SPREADING OF THE FLOWS AND THE LOCATION OF THE DISCHARGE TO MAKE SURE WE TRY TO MIMIC EXISTING CONDITIONS TO THE EXTENT POSSIBLE. AND I HAPPY TO ANSWER ANY QUESTIONS, BUT THAT'S BASICALLY IT'S DIFFERENT METHODOLOGIES USED FOR DIFFERENT THINGS, AND YOU'RE NOT GOING TO GET THE EXACT SAME RESULT USING THE TWO DIFFERENT METHODOLOGIES, BUT WE ARE CALCULATING AN EXISTING AND STAYING BELOW THAT WITH THE PROPOSED CONDITIONS. ALL RIGHT. THANK YOU, SIR. THANK YOU. WE HAD, UH, DECIDED TO TAKE THESE TWO ITEMS TOGETHER AT THE LAST MEETING. WAS THERE ANY SPEAKER AND OPPOSITION TO THE PLAT VACATION ITEM B6? NO. OKAY. UM, DOES THE APPLICANT WANT TO MAKE A PRESENTATION ON, OKAY. SO AT THIS STAGE, I'LL ENTERTAIN QUESTIONS ON EITHER B FIVE OR B SIX, ANY COMMISSIONERS HAVE QUESTIONS, UH, COMMISSIONER GREENBERG. I THINK YOU'RE MOOTED COMMISSIONER GRIFFITH. YEAH. I'M A MUTED. NOW I'D LIKE TO ASK STAFF ABOUT THE COMMENTS THAT ARE NOT CLEARED, UM, IN PARTICULAR IS W Q FOUR CLEARED. UH, COULD YOU, DO YOU HAVE THAT IN FRONT OF YOU? I DON'T HAVE THAT RIGHT HERE. UM, REALLY THE SYDNEY WQ FOUR SAYS THE CITY MAINTAINS ALL WATER QUALITY CONTROLS FOR SINGLE FAMILY SUBDIVISION OR WATER QUALITY CONTROLS TO B TO B CITY MAINTAIN MUST MEET THE MAINTENANCE AND ACCESS REQUIREMENTS OF DCM. 1.2 0.4 PARENTHESES E PLEASE DEMONSTRATE THE PLAN THAT PROVIDES THE NECESSARY SPACE WITHIN THE DESIGNATED EASEMENTS TO MEET THE REQUIREMENTS OF THIS SECTION. AND IT DOESN'T SEEM TO BE ONE OF THE COMMENTS THAT SAYS CLEARED. YEAH. WHAT THAT REFERS TO IS A RECORDING, AN EASEMENT THAT ADDRESSES ALL THOSE CONCERNS. WE HAVE A STANDARD TEMPLATE THAT THE APPLICANT WILL USE AND ALL THEY HAVE TO DO IS FILL THAT OUT AND IT WILL BE RECORDED WITH THE PLAT. IF THE PLAN IS APPROVED, DID THAT ADEQUATELY ADDRESS YOUR [00:25:01] QUESTION, I GUESS, WHY WASN'T IT CLEARED OR DONE PRIOR TO THIS COMING TO US? UM, BUT I GUESS YOU'RE ALSO NOT IN ANY POSITION TO TELL ME WHAT ELSE DIDN'T GET CLEARED. WELL, THERE ARE SEVERAL THINGS OF THE SIMILAR NATURE. UM, WHEN WE RECOMMEND A PLAT TO THE COMMISSION WITH CONDITIONS, THAT MEANS THERE WAS NO MORE TECHNICAL REVIEW THAT IS REQUIRED. UM, THE APPLICANT WILL STILL NEED TO SUBMIT AN UPDATE AND THEY'LL NEED TO DO THINGS SUCH AS PAY FEES, UM, GET THE FINAL DRAFT OF THEIR EASEMENTS, UM, UH, APPROVED. UM, THEY, THEY HAVE A CHOICE OF, UH, OF, UM, RECORDING THOSE EASEMENTS ON THEIR OWN AND SUBMITTING THEM TO US, OR THEY CAN LET US RECORD THOSE EASEMENTS WITH THEIR PLAT. UM, THESE ARE JUST ADMINISTRATIVE ITEMS. THESE ARE SIMPLY, UM, THINGS THAT REQUIRE NO DISCRETION SUCH AS HAVE YOU DONE THIS OR NOT? IT'S THAT SIMPLE. AND THIS IS ONE OF THOSE CONDITIONS THAT FALLS INTO THAT CATEGORY. OKAY. SO BASED ON WHAT WE DID LAST TIME, MY UNDERSTANDING IS THAT NOW THAT YOU'VE SAID THAT IT MEETS ALL THE CONDITIONS SUBJECT TO THE CONDITIONS IN EXHIBIT C WERE REQUIRED TO APPROVE IT. 'CAUSE THIS IS, UM, THIS IS A PLANT THAT'S SUBJECT TO THE SHOT CLOCK LAW. SO YOU ARE REQUIRED TO TAKE ACTION. UH, STAFF HAS RECOMMENDED APPROVAL WITH CONDITIONS AND, UM, WELL, I'LL JUST LEAVE IT THERE. UM, UNLESS YOU HAVE ANY MORE QUESTIONS ABOUT, BUT IT DOESN'T GET RECORDED UNTIL WE ALSO APPROVE THE PLAT VACATION OR THE RIGHT. YEAH. WHAT I CAN DO IS EXPLAIN HOW THIS WORKS. UM, THE PLAT IS CONDITIONED ON APPROVAL OF THE PLAT VACATION. SO IF YOU APPROVE THE PLAT VACATION, THEN WE CAN GO AHEAD AND MOVE ON WITH THE, WITH THE, WITH THE PLAT ITSELF, WITH THE REPLAT. IF YOU DENY THE VACATION, THEN THE PLANT WILL ALSO EXPIRE, BUT WE ALSO HAVE AN OPPORTUNITY TO DO WHAT WE DID LAST TIME, WHICH WAS POSTPONE THE PLAT VACATION, WHICH I'D LIKE TO SEE IF OTHER COMMISSIONERS WOULD LIKE TO DO THAT UNTIL ALL THE COMMENTS ARE CLEARED. WELL, I I'D LIKE TO CAUTION YOU TO JUST ONE SECOND, IF YOU, UM, YOU DO HAVE THAT OPPORTUNITY TO DO THAT WITH, UM, YOUR, THE VACATION, UM, DIVISION. WE COULD APPROVE THAT THE SUBDIVISION CONDITIONS GREAT. YOU CAN APPROVE, APPROVE IT SUBJECT TO THOSE CONDITIONS. TYPICALLY WHEN THE COMMISSION APPROVES WITH CONDITIONS, WE DON'T BRING IT BACK AT A HEARING. HOWEVER, IF YOU WOULD LIKE TO SEE IT AGAIN, WE CAN DO THAT. ALL RIGHT. COMMISSIONERS. ARE THERE ANY OTHER FOLKS THAT HAVE QUESTIONS, COMMISSIONER KING? WELL, YOU KNOW, UH, GOING, UH, FOLLOWING UP WITH COMMISSIONER GREENBERG'S QUESTION, YOU KNOW, IT SEEMS LIKE, UH, IT'S PRETTY FUNDAMENTAL ABOUT THE, UH, EASEMENT TO MEET THE REQUIREMENTS FOR DRAINAGE AND, UH, WATER QUALITY. AND SO I JUST, THAT'S A BIG ONE FOR ME. AND I WONDER, UH, DOES THAT MEAN THEY HAVE NOT DEMONSTRATED THAT THE PLAN PROVIDES THE NECESSARY SPACE, UH, WITHIN THE DESIGNATED EASEMENT TO MEET THE REQUIREMENTS OR THE SECTION, THE WATER QUALITY SECTION? NO, THEY HAVE DEMONSTRATED COMPLIANCE WITH THE CODE AND NOW THEY JUST NEED TO RECORD THAT DOCUMENT. I SEE. I SEE. OKAY. WELL, YOU KNOW, I CAN, THAT, THAT'S A BIG ISSUE FOR ME AND CONCERNED FOR ME. AND I UNDERSTAND IN TERMS OF THE, UH, YOU KNOW, THE POINT THAT THE, UH, SPEAKER AND OPPOSITION MADE, UH, THE, YOU KNOW, ADJACENT, UH, UH, RESIDENT, THEIR PROPERTY OWNER HAVE MADE, I CAN UNDERSTAND ABOUT THE CONCERN ABOUT DRAINAGE, UH, FROM, FROM THIS PROPOSED SUBDIVISION. AND SO, UH, I WONDER THOUGH, SINCE THIS IS IN THE ETJ, UH, IS, ARE THE, UH, YOU CAN MAYBE IT'LL HELP ME UNDERSTAND THIS A LITTLE BETTER. DOES THAT MEAN THAT HAS LIKE REDUCED REQUIREMENTS FOR WATER QUALITY AND DRAINAGE? UH, OR HOW DO THOSE, HOW DO THOSE COMPARE WITH A BULL, UH, FULL JURISDICTION? IT'S THE SAME? THE ONLY DIFFERENCE IN THE ETJ IS THAT THE COUNTY DOES THE DRAINAGE REVIEW. THE CITY DOES THE WATER QUALITY REVIEW. OKAY. AND THANK YOU. THAT'S VERY HELPFUL IN THE DRAINAGE REVIEW, THE REQUIREMENTS AND SPECIFICATIONS THAT THE COUNTY USES. ARE THOSE THE SAME AS THE CITY USES? YES, THEY ARE. ALL RIGHT. THANK YOU VERY MUCH. I APPRECIATE THE INFORMATION. THANK YOU. ANY OTHER COMMISSIONERS WITH A QUESTION, A COMMENT, COMMISSIONER STERN. I WANT TO MAKE SURE I'M NOT LEAVING OUT ANYBODY ON THE DAY IS IF THEY HAVE ANY [00:30:01] S UH, COMMISSIONER KIELBASA. YEAH. I WAS CURIOUS ABOUT THE POSSIBILITY OF POSTPONING THE PLANT VACATION UNTIL THIS IS CLEARED UP TOO, BECAUSE ONCE WE DO THIS, THEN THERE'S, THERE JUST DOESN'T SEEM TO BE ANY RECOURSE. SO I WAS WONDERING, UM, I MEAN, WHAT KIND OF, WHAT MORE GUARANTEES CAN YOU PROVIDE? UM, I CAN TELL YOU THAT, UM, IF, IF YOU VOTE AND APPROVE BOTH OF THESE ITEMS, THE PLY VACATION WILL NOT BE RECORDED UNTIL THE REPLAT HAS MET ALL ITS CONDITIONS AND THEY WILL BE RECORDED CONCURRENTLY. DOES THAT ANSWER YOUR QUESTION AND THE CONDITIONS THAT THE COUNTY, THE DRAINAGE CONDITIONS HAVE THOSE BEEN APPROVED? I'M WELL, THE APPLICANT IS SAYING, YES. I'M NOT EXACTLY SURE WHAT YOU MEAN. HAVE THEY BEEN APPROVED? YOU JUST SAID THAT IT'S THE WAY YOU DO THE WATER QUALITY AND THEY DO THE DRAINAGE. SO HAVE THEY DONE THE DRAINAGE? THE DRAINAGE PLAN HAS BEEN APPROVED. UM, AND THE, ANY OTHER COMMENTS THAT ARE REMAINING ARE, THOSE ARE THE CONDITIONS. AND THOSE ARE JUST SIMPLY ADMINISTRATIVE ACTIONS SUCH AS RECORDING THAT EASEMENT CONDITIONS ON THE DRAINAGE BY THE COUNTY. YEAH, THERE THERE'S NO SUBSTANTIVE CHANGE TO THE DRAINAGE PLAN. THE EVIDENCE IS SAYING THAT HE WOULD LIKE, JUST TO CLARIFY, UH, THE, THE COUNTY HAS GONE AHEAD AND APPROVED AND THEIR COMMISSIONS COMMISSIONER'S COURT WITH CONDITIONS AS WELL. SO IT'S MOVED FORWARD. AND, UH, AS, UH, AS STEVE WAS MENTIONING, UM, UH, YOU KNOW, WE DO HAVE IT'S APPROVED WITH CONDITIONS. AND SO WE HAVE TO MEET THOSE CONDITIONS BEFORE WE CAN RECORD BOTH THE PLAT VACATION AND THE, UM, REPLAT. GOTCHA. THANK YOU FOR CLARIFYING MR. HOPKINS, UM, COMMISSIONER GREENBERG. I STILL WOULD LIKE TO SEE ALL THE CONDITIONS, BOTH THE ONES AT THE COUNTY LEVEL FOR DRAINAGE AND THE ONES FOR WATER QUALITY OR WHATEVER ELSE IS MISSING, UM, CLEARED BEFORE WE APPROVE THAT PLAT VACATION. I UNDERSTAND THAT WE'RE SAYING, YOU'RE SAYING THAT DON'T WORRY, WE'LL TAKE CARE OF IT, BUT WE DO HAVE THE OPTION TO POSTPONE THE PLAT VACATION AND ASKED TO SEE THOSE, UM, DOCUMENTS SHOWING THAT EVERYTHING'S CLEARED. YES. IF, IF YOU WISH TO DO THAT, THEN WE WILL BRING THIS BACK TO YOU AT A HEARING. SO I GUESS THE FIRST MOTION I WOULD, CAN I MAKE A MOTION NOW? I'LL RECOGNIZE YOU FOR MOTION, UM, IS TO APPROVE THE SUBDIVISION SUBJECT TO THE CONDITIONS IN EXHIBIT C. IS THERE A SECOND TO THAT MOTION? UH, COMMISSIONER KIELBASA SECONDS, ALL THOSE IN FAVOR. RAISE YOUR HAND. OH, AND I AM SHOWING, UH, COMMISSIONER STERN. ARE YOU IN FAVOR SAYING NO ABSTAINING. OKAY. UH, RIGHT. SO THAT ITEM PASSES 1, 2, 3, 4, 5, 6 PASSES 6 0 1, UH, WITH COMMISSIONER STERN ABSTAINING. WOULD YOU LIKE TO MAKE A MOTION ON B6? I'M SORRY, COMMISSIONER. DINKLER COULD YOU CLARIFY THAT BOAT? UH, YOU SAID SIX? YES. I'M SHOWING COMMISSIONER KIELBASA, GREENBURG KING MYSELF. I THOUGHT I SAW COMMISSIONER, UH BERRERA AND COMMISSIONER, UH, UH, WOODY THAT'S SIX. UM, AND THEN WE HAD ZERO, NO VOTES, AND WE HAD ONE ABSTENTION. SO PASS THE 6 0 1 AND STERN WAS THE ABSTENTION, UH, COMMISSIONER START. I'M SORRY. I APOLOGIZE. I WAS A NO VOTE. SO IT PASSES SIX ONE. MY APOLOGIES. SO [00:35:01] SHOW ME COMMISSIONER STERN AS VOTING. UH, NO. AND THEN WAS THERE AN EXTENSION? NO, NO, I WAS INCORRECT IN THE WAY. I STATED IT. THANK YOU VERY MUCH. I APPRECIATE IT. IS THERE A MOTION ON B6 OR ANY FURTHER DISCUSSION ABOUT WHETHER PEOPLE THINK WE SHOULD JUST APPROVE AND TRUST THE STAFF OR BRING IT BACK? IS THERE ANY FURTHER DISCUSSION COMMISSIONER? BERRERA I HAVE A COMMENT ON THAT. I MEAN, I THINK GIVEN THE, UM, YOU KNOW, I WAS KIND OF THINKING THROUGH GIVEN THE COMMUNITY FEEDBACK WE HEARD OF THE TOP OF THE MEETING ABOUT THE POLICIES THAT WE FOLLOW AND HOW DIFFICULT IT IS TO DEVELOP. UM, I DO FEEL LIKE WE'RE DELAYING THIS AND I DO TRUST THAT STAFF, ESPECIALLY AS IT'S BEEN PASSED BY THE TRAVIS COUNTY SUBJECT TO CONDITIONS, SUBJECT TO CONDITIONS, BUT, YOU KNOW, THEY'VE HEARD IT, THEY MOSTLY AGREE WITH IT. I FEEL LIKE WE'RE DELAYING JUST TO DELAY BECAUSE WE'RE NERVOUS ABOUT THE PROCESS. SO I ACTUALLY WANT TO CHANGE MY VOTE AFTER THINKING THROUGH IT A LITTLE BIT MORE. I WOULD OTHER VOTE AGAINST, UH, WAITING OR POSTPONING. WE HAVEN'T VOTED ON THAT YET. SO I THINK SHE'S JUST INDICATING HER, UM, WHERE SHE'S HEADING. I THINK WE'RE BEING JOINED BY A COMMISSIONER OR KOSTA AT THIS DAY AND AGE. ANY OTHER COMMENTS ON, UH, ANY MOTION ON THE SEX? WELL, I'M JUST THINKING WE WON'T GET SIX VOTES TO POSTPONE AND WE CAN ONLY CONSIDER THIS ONCE. SO IS YOUR, ARE YOU MAKING A MOTION TO POSTPONE? OKAY. UH, COMMISSIONER KING. SO AS I UNDERSTAND, YOU KNOW, I MEAN, I UNDERSTAND THIS IS A VACATION AND IF IT DOESN'T GO THROUGH, THEN THE SUBDIVISION WILL GO THROUGH EITHER. UH, AND SO I UNDERSTAND THAT THERE'S A DEPENDENCY THERE, BUT IT SEEMS LIKE OTHER SUBDIVISIONS THAT WE HAVE, WE HAVE, YOU KNOW, APPROVED WITH CONDITIONS IN EXHIBIT C. SO, YOU KNOW, I, I UNDERSTAND THE CONCERN HERE, BUT I, I, IT SEEMS LIKE IT IS A LITTLE BIT TOO ONEROUS TO, TO HOLD OFF THE VACATION SINCE, YOU KNOW, IF IT'S NOT APPROVED BY STAFF, THEN THE SUBDIVISION WON'T BE APPROVED TO I'M, I'M COMFORTABLE WITH MOVING FORWARD ON THAT. ALTHOUGH I DO UNDERSTAND THE CONCERN AND IF WE GET SOME FEEDBACK, YOU KNOW, THAT THESE THINGS AREN'T REALLY COMING TRUE OR, YOU KNOW, WORKING OUT FROM THE PUBLIC LATER ON, THEN I THINK WE CAN CHANGE ON, LOOK AT THAT, IF THAT BECOMES AN ISSUE. SO THANK YOU. UH, ANY OTHER COMMENTS? OKAY. I STILL DON'T HAVE A MOTION. UM, IS ANYONE MOVING TO APPROVE THE PLOT, UH, VACATION? UM, ALSO MOVE TO APPROVE THE PLAT VACATION HAS RECOMMENDED BY STAFF START DOING ALL RIGHT. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. I W AND, AND CHAIR, I NEED TO DECONFLICT, I'M SORRY. I'M JUST CON CON UH, JUST TRYING TO CONFIRM THAT THERE ARE CONDITIONS ON THIS VACATION, IS THAT CORRECT? SO IT'S W THERE AREN'T ANY CONDITIONS ON THE VACATION STAFF. I'M SORRY FOR INTERRUPTING, BUT, OKAY. YOU'RE JUST CLARIFYING. GO AHEAD. SO THE QUESTION WAS, ARE THERE ANY CONDITIONS ON THE VACATION, RIGHT? STAFF CONDITIONS? NO. IT'S EITHER APPROVE OR DENY. OKAY. SO THAT THEN THE MOTION IS TO, UH, THE MOTION THAT'S ON THE FLOOR IS TO APPROVE IT. AND THERE'S A SECOND, AND I'M SORRY, I DIDN'T GET THE PERSON WHO MADE THE SECOND. THAT WAS COMMISSIONER STERN. OKAY. THANK YOU. ALL THOSE IN FAVOR OF APPROVING THE PLAT VACATION, PLEASE RAISE YOUR HAND. AND I AM SHOWING 1, 2, 3 BOATS FOR APPROVING THE VACATION, EXCUSE ME, FOUR VOTES FOR, AND, UH, MR. COMMISSIONER STERN IS ON THE DAY AS I WAS COUNTING HIM. SO I'M SHOWING COMMISSIONER KING, BERRERA WOODY, UH DINKLER AND, UH, STERN. THAT'S FIVE TO APPROVE THE PLAT VACATION. UH, ARE THERE, UH, WHAT ARE THE VOTES IN OPPOSITION TO APPROVING THE VACATION? THOSE BUDDING? NO, PLEASE RAISE YOUR HAND. [00:40:01] THOSE ABSTAINING, PLEASE RAISE YOUR HANDS. ALL RIGHT. AND I'M SHOWING THE ABSTENTIONS IS, UH, COMMISSIONER KOHL'S, COMMISSIONERS, KOBASA GREENBURG AND ACOSTA. SO THAT MOTION FAILS. OH, ALL RIGHT. MOVING FORWARD. DO WE HAVE ANY ITEMS FROM THE COMMISSION RELATING TO PROPOSED REVISIONS TO THE LAND DEVELOPMENT CODE HERE? COULD CHAIR, I MEAN, COMMISSIONER DINKLER, I'M TRYING TO USE THE PROPER TERM. I KNOW YOU THE CHAIR OF THE MEETING, SO I'M A NEWBIE. YEAH, NO WORRIES. YOU'RE DOING FINE. I JUST WANTED TO JUST VERIFY ON THAT LAST CASE. UH, WHAT CAN STAFF ASK? CAN I ASK STAFF WHAT'S THE CONSEQUENCE POSTPONE IT THEN. SO IN THAT LAST CASE, IT WAS A CONSEQUENCE OF, OF NOT APPROVING THAT VACATION VOTE TO DENY IT EITHER. SO, YEAH. WELL, IT DIDN'T TAKE ANY ACTION. UM, SO W WE'RE WE COULD, WOULD THIS COME BACK OR WOULD THIS, UM, WOULD WE, UH, WOULD THIS BECOME ITEM COME BACK SINCE WE DIDN'T TAKE ANY ACTION? IS IT A, UM, NO RECOMMENDATION OR IS IT A, JUST A FAILURE TO ACT AND YOU BRING IT BACK? CAN YOU CLARIFY THE CONSEQUENCES HERE? I'M SENSING THERE MAY BE A RECONSIDERATION BOAT. UM, SO YOU, YOU HAVE A FEW OPTIONS IN FRONT OF YOU. IF YOU WISH TO TAKE ACTION TONIGHT, YOU CAN DO THAT. UM, IF THERE'S ANOTHER, UM, MOTION, UH, IF, OR YOU CAN, UM, KEEP THE HEARING OPEN AND POSTPONE THIS TO A DATE CERTAIN, UM, AND THEN, UM, AND THEN TAKE YOUR ACTION THEN. UM, RIGHT NOW IT'S JUST, UH, NOTHING'S HAPPENED. OKAY. SO MY UNDERSTANDING WAS INCORRECT THAT THIS WAS SIMPLY NO ACTION. IS THERE A MOTION TO RECONSIDER TO KEEP THE HEARING OPEN AND POSTPONE TO ANOTHER DATE? AND I THINK I SEE COMMISSIONER KOBASA RAISING HER HAND. YES. I WOULD MOVE TO RECONSIDER AND POSTPONE TO MAY 17TH, BUT THAT WORK FOR PEOPLE FOR WORKS FOR ME. IS THERE A SECOND TO YOUR MOTION? UH, COMMISSIONER GREENBERG SECONDS, ALL THOSE IN FAVOR OF, UH, RECONSIDERING AND POSTPONING THE B6 TO MAY 17TH, PLEASE RATE THAT'S A GOOD QUESTION. SHIRT IS NOT A POINT OF CLARIFICATION. UM, SO WE'RE, IF WE POSTPONE IT'S SO THAT THEY HAVE, THE STAFF HAS MORE TIME TO RECONNECT, TO LOOK AT THE MODELS AND, AND MEET ALL THE REQUIREMENTS. GO AHEAD. I WOULD HOPE THAT THEY BRING IT BACK WITH THE DOCUMENTS, SHOWING CLEAR COMMENTS THAT THERE ALSO BE MORE PEOPLE ON THE DIOCESE. SO IT WOULD HAVE A BETTER CHANCE OF PASSING REGARDLESS. YEAH, THAT WAS, THAT WAS MY READ. UM, YOU KNOW, WE HAVE, LET'S SEE ONE, TWO PEOPLE, THREE PEOPLE ABSENT. UM, SO MY THINKING WAS, UH, THIS WAS, UH, UM, MORE LIKELY TO HAVE A CERTAIN NUMBER OF VOTES COMMISSION, COMMISSIONER KIELBASA. UM, I WOULD JUST LIKE TO JUST KNOW THAT THE PERSON WHO IS DOWNSTREAM FROM THIS IS ALSO SATISFIED WITH ALL THE CALCULATIONS, EVERYTHING SO THAT THEY THEY'RE BOTH IN AGREEMENT. ALL RIGHT. IF FOLKS READY TO VOTE ON THE RECONSIDERATION AND THE POSTPONEMENT OF B6 TO MAY 17TH, PLEASE, UH, RAISE YOUR HAND IF YOU'RE IN FAVOR OF THE VOTE AND I'M SHOWING IN FAVOR, COMMISSIONER, KIELBASA, COMMISSIONER GREENBERG, UM, MYSELF, ALL THOSE IN OPPOSITION. UH, PLEASE RAISE YOUR HAND. OKAY. I'M SHOWING, UH, COMMISSIONERS, UH, BERRERA RAMIREZ AND, UH, KOSTA, AND I HOPE I'M NOT MISSING YOU, UH, ALL THOSE ABSTAINING, UH, THAT WOULD BE COMMISSIONER STERN, COMMISSIONER, UH, WOODY AND COMMISSIONER KANE. SO WE ARE AGAIN, NO ACTION. UM, UH, COMMISSIONER GREENBURG. [00:45:01] SO FOR STAFF, IF WE TAKE NO ACTION, UM, WILL THIS BE BROUGHT BACK TO US IN TWO WEEKS? UH, I'M NOT SURE. UM, I'M NOT SURE WHAT HAPPENS IN THIS SITUATION THING OR THE OTHER. YEAH. TH THIS IS NOT SUBJECT TO THE SHOT CLOCK. SO I, I AM NOT CERTAIN, YOU KNOW, WENDY, I DID RECEIVE A MESSAGE FROM THE CITY ATTORNEY FROM A CITY ATTORNEY THAT A POSTPONEMENT WOULD BE A GOOD IDEA. I DON'T HAVE MUCH MORE THAN THAT. IT, HOWEVER, IF YOU, IF THEY DO NOT, IF THE COMMISSION DOES NOT APPROVE OR POSTPONED AND THEN THE, UM, VACATION IS CONSIDERED DENIED, THAT'S JUST WHAT SHE'S WRITING ME RIGHT NOW. I THINK WE GOT THE ANSWER TO THE QUESTION. DO WE, SO WE HAVE, SO DO WE HAVE A SECOND RECONSIDERATION, UH, TO POSTPONE UNTIL MAY 17TH? DOES ANYONE WANT TO MAKE THAT MOTION? UM, I WILL MAKE THAT MOTION IS FROM THE PREVAILING SIDE OF PREVAILING SIDE AND LOST SOMEONE WHO VOTED AGAINST OR ABSTAINED. RIGHT? SO, UH, COMMISSIONER KING, UH, I'D MAKE A MOTION THAT WE POSTPONE THIS CASE UNTIL OUR MAY 17TH MEETING. SECOND. WHAT A PATIENT? I DIDN'T HEAR IT. WHAT THE LEGAL, I'M SORRY. I GOT DISTRACTED. THE LEGAL OPINION WAS IT WOULD BE BEST IF WE POSTPONED. YES, YES. AND YOU'RE THE REASON BEING, GO AHEAD. YOU STATED THE REASON THEY'RE STATING THAT IF IT IS, IT IS NOT APPROVED OR POSTPONE THAT IT IS, THEN THEY APPLICATION IS CONSIDERED DENIED. DID YOU HEAR THAT MR. BURR RAMIREZ, IF YOU DO NOT POSTPONE, IT'S CONSIDERED DENIED. UM, SO WE HAVE A MOTION ON THE FLOOR FROM COMMISSIONER KING TO RECONSIDER, UH, POSTPONE TILL THE 17TH. IT WAS SECONDED BY COMMISSIONER WOODY, ALL THOSE IN FAVOR OF THAT MOTION, PLEASE RAISE HER HAND. OKAY. AND I AM SHOWING THAT AS PASSING, I'M SHOWING IN FAVOR OF CABASA GREENBURG KING BERRERA RAMIREZ, IS THAT A YES FOR A KOSTA? YES. FOR, UM, COMMISSIONER WOODY AND ALL THOSE IN OPPOSITION, ALL THOSE ABSTAINING THAT WOULD BE THE ABSTENTION WOULD BE COMMISSIONER STERN. UH, THE MOTION TO POSTPONE PASSES. ALL RIGHT. MOVING ON. UM, WE'RE ON, UM, ITEMS FROM THE COMMISSION. IS THERE ANY ONE WITH ACTION RELATING TO PROPOSED REVISIONS TO THE LAND DEVELOPMENT CODE? I'M NOT HEARING ANYTHING. SO FUTURE AGENDA, AGENDA ITEMS, ANYONE HAVE A FUTURE AGENDA ITEM. OKAY. COMMITTEE REPORTS AND WORKING [E. COMMITTEE REPORTS & WORKING GROUPS] GROUPS, CODES AND ORDINANCES. UM, COMMISSIONER KELL, UH, COMMISSIONER BARRERA, RAMIREZ. DO YOU WANT TO LET FOLKS KNOW ABOUT OUR SPECIAL MEETING TOMORROW? AH, I'M NOT GOING TO BE THERE, BUT WE ARE HAVING A SPECIAL MEETING TOMORROW. UM, I DON'T REMEMBER. WHAT'S ON THE AGENDA SOUTH CENTRAL WATERFRONT AND SOMETHING ABOUT THE QUARTER PROGRAM. K UM, RELATING TO UTILITY INFRASTRUCTURE AND QUARTERS. I'LL SUPPLEMENT THAT FOR YOU AND WHETHER WE SHOULD INITIATE A REGULATING PLAN FOR THE SOUTH OF WATERFRONT. IS THERE ANYBODY HERE THAT CAN SPEAK TO, UH, THE COMPREHENSIVE PLAN JOINT COMMITTEE? HAVE WE HAD A, UM, ANYTHING TO REPORT? I DID SPEAK WITH COMMISSIONER, MR. GREENBERG, IF YOU WERE THERE, I WASN'T THERE, BUT I HEARD THAT THEY TOOK OUR, UM, RECOMMENDATION ON THE ASM P AND MOVED IT FORWARD TO THE PLANNING COMMISSION. OKAY. AND I CAN TELL YOU THERE'S NOTHING TO REPORT ON THE ONION CREEK, LOCALIZED FLOODING AND WORKING GROUP. SO PLANNING DIDN'T MEET SINCE THE LAST MEETING. OKAY. ALL RIGHT. UM, NO SMALL AREA WAS NO MEETING. I'M SORRY. A COMPREHENSIVE PLAN TOOK ACTION ON THE SMP AND FORWARDED IT TO PC. OKAY. MY, MY MISTAKE. ANYTHING ELSE? WELL, WITH NOTHING FURTHER, [00:50:01] WE ARE ADJOURNED AS OF 6:53 PM, AND I THOUGHT IT WOULD TAKE FIVE MINUTES. I'VE MORE, I'LL WORK ON THAT. I'VE GOT USED TO FOLLOW HERE, THE MEETING. THANK YOU ALL. GOOD. . * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.