Link

Social

Embed

Download

Download
Download Transcript


[CALL MEETING TO ORDER]

[00:00:08]

LET'S GO AHEAD AND GET STARTED HERE.

IT'S SIX OH TWO.

WE'RE GONNA CALL TO ORDER THE REGULAR MEETING OF THE ENVIRONMENTAL COMMISSION.

IT'S NOVEMBER 16TH, 2022 AT THE DEVELOPMENT CENTER AT 63 10 WILHELMINA DELCO DRIVE.

UH, WE'RE GONNA GO THROUGH ROLL CALL, UM, PA PAM, CAN YOU HEAR ME? I'M GETTING THE IMPRESSION YOU CAN'T HEAR ME FOR SOME REASON.

KEEP, CAN YOU HEAR ME NOW? I, I CAN'T HEAR YOU GUYS.

ALL RIGHT.

WE'RE WORKING ON IT.

UM, AT THE SAME TIME, MAYBE CRANK UP YOUR SPEAKERS JUST IN CASE WE, YOU'RE THE ONLY, I GUESS LIZ OR PAMELA.

CAN Y'ALL HEAR ME? YOU CAN HEAR ME NOW.

FANTASTIC.

ALL RIGHT.

ALL RIGHT.

UM, WE'RE GOOD.

KAYLA.

WE'RE GOOD? OKAY.

WE'RE GONNA GO ROUND THE HORN AND DO ROLL CALL HERE.

UH, COMMISSIONER THOMPSON, YOU GET TO GO FIRST HERE.

OKAY.

UH, BRI BRYER? HERE.

AER HERE.

SHERA HERE.

NICHOLS HERE.

SECRETARY HERE.

THIS ONE.

GOT IT IN HERE.

VICE CHAIR HERE.

THIS IS BERG.

I'M HERE TOO.

ALL RIGHT.

WE'RE ROLLING.

UH, LET'S, WITH THE FIRST ITEM OF BUSINESS, UH, WE DON'T HAVE ANY GENERAL COMMENTS.

OKAY.

[1. Approval the minutes of the Environmental Commission Regular Meeting on November 2, 2022 ]

UH, AGENDA ITEM NUMBER ONE, UM, REVIEW OF THE MINUTES.

UH, KAYLA'S DISTRIBUTED THE MINUTES FROM THE NOVEMBER 2ND MEETING.

UH, DOES ANYONE HAVE ANY QUESTIONS OR COMMENTS ABOUT THOSE? MOTION TO APPROVE THE MINUTES.

THIS IS BERG.

ALL SECOND.

UM, OKAY.

ALL THOSE IN FAVOR OF APPROVING THE MINUTES FROM THE NOVEMBER 2ND, MEANING PLEASE RAISE YOUR HAND.

THAT WILL BE GOOD ENOUGH FOR ME.

ALL RIGHT.

WE GOT UNANIMOUS OF EVERYBODY WHO'S HERE, KAYLA.

ALL RIGHT.

THANK YOU GUYS.

ALL RIGHT.

WE'RE GONNA MOVE ON TO AGENDA

[2. Update on amendments to Title 25 related to environmental protection, landscape requirements, and site plan requirements—Liz Johnston, Deputy Environmental Officer, Watershed Protection Department ]

ITEM TO TWO, UH, WHICH IS AN UPDATE ON TITLE 25 RELATED ENVIRONMENTAL PROTECTION, LANDSCAPE REQUIREMENTS AND SITE REQUIREMENTS FROM LIZ.

HEY, LIZ.

HELLO.

UM, COMMISSIONERS AND CHAIR.

THANK YOU, UH, FOR ALLOWING ME TO ATTEND REMOTELY THIS EVENING.

I APOLOGIZE.

UM, SO YES, I DID WANT TO GIVE AN UPDATE ON, UM, A COUPLE OF THINGS.

SO ITEM ONE, AND THEN I'LL GO INTO ITEM TWO.

UH, THE ORDINANCE, AS YOU ALL, UM, WERE VERY, UH, MUCH INVOLVED IN THE, UM, CHANGES THAT WERE BROUGHT FORTH RELATED TO ENVIRONMENTAL PROTECTIONS AND LANDSCAPE PROTECTIONS.

UM, THERE, AN ORDINANCE DID GET APPROVED BY CITY COUNCIL ON OCTOBER 27TH, UM, AND IT WENT INTO EFFECT NOVEMBER 7TH.

UM, THAT ORDINANCE WAS NOT THE FULL PACKAGE THAT WE HAD BROUGHT TO YOU ALL.

THERE WERE VARIOUS ELEMENTS THAT WERE, UM, STRIPPED OUT AND PUT ON A LONGER TIMELINE, BUT WHAT DID GET APPROVED WAS A GREEN STORM WATER INFRASTRUCTURE BEING THE STANDARD BY WHICH WE REQUIRE WATER QUALITY TREATMENT, WHICH IS A PRETTY, UM, IMPRESSIVE THING TO HAPPEN FOR US.

UM, IN ADDITION, WE HAVE A STRENGTHENED, UM, WETLAND PROTECTIONS ON LADYBIRD LAKE, UM, CHANGES TO STORM WATER MANAGEMENT AND PARKING LOTS, UH, PROHIBITING, UM, IN CHANNEL DETENTION PONDS AND OTHER MINOR CODE AMENDMENTS.

WHAT WAS NOT INCLUDED IN THE ORDINANCE, UH, WAS, UH, RELATED TO THE, THE FUNCTIONAL GRAIN LANDSCAPE REQUIREMENTS, UM, THE ADDITIONAL PROTECTIONS FOR THE COLORADO RIVER DOWNSTREAM OF LONGHORN DAM AND CHANGES RELATED TO, UH, MISSING MIDDLE PROJECTS.

UM, AND SO THERE WERE VARIOUS CONCERNS RELATED TO THOSE ELEMENTS.

NOT TO SAY THAT THEY'RE DEAD.

THEY, UH, COUNCIL DID SAY BRING THEM BACK, BUT WITH, YOU KNOW, WITH FUNCTIONAL GRAIN, WE WERE, UM, DIRECTED TO DO ADDITIONAL TESTING WITH STAKEHOLDERS SUCH AS LANDSCAPE ARCHITECTS AND DEVELOPERS TO MAKE SURE THAT THEY'RE COMFORTABLE WITH, UH, THE CRITERIA ASSOCIATED WITH FUNCTIONAL GRAIN, UM, TO DO ADDITIONAL STAKEHOLDER ENGAGEMENT FOR FOLKS ALONG THE COLORADO RIVER AND, UH, TO WORK WITH HOUSING AND PLANNING AND DSD AND OTHER DEPARTMENTS, UH, ON MISSING MIDDLE, UM, AND, AND BRING A MORE COMPREHENSIVE PACKAGE.

AND WITH ANY NEW CODE CHANGE COUNCIL IS NOW SAYING STAFF NEED TO BRING BACK SOME SORT OF, UM, INCENTIVES OR CODE,

[00:05:02]

UM, MODIFICATIONS THAT WOULD OFFSET ANY IMPACTS TO DEVELOPMENT THAT WOULD AFFECT AFFORDABILITY.

SO THAT PROCESS WILL PROBABLY TAKE, UM, D YOU KNOW, BRING BACK SEVERAL DIFFERENT ORDINANCES INSTEAD OF GROUPING THEM ALL TOGETHER.

UM, WE ANTICIPATE THE ENTIRE, UM, PROCESS COULD BE UP TO 18 MONTHS, BUT YOU WOULD, YOU KNOW, I WOULD EXPECT YOU CAN, UH, START TO SEE THINGS COMING MOVE FORWARD IN THE FIRST HALF OF THIS YEAR, ESPECIALLY RELATED TO FUNCTIONAL GREEN AND POSSIBLY COLORADO RIVER.

UM, WE EXPECT THAT THOSE WOULD COME BACK FIRST, BUT THEY WILL BE SEPARATE ORDINANCES.

UM, SO IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ENTERTAIN ANY NOW OR I CAN MOVE ON TO THE NEXT UPDATE IF ANYBODY HAS ANY QUESTIONS ON THOSE ITEMS. UM, ANYBODY HERE? YEAH, ANNA, PLEASE.

COMMISSIONER I GARY, PLEASE.

YES.

UM, THANK YOU.

UM, SO IN REGARDS TO THE STAKEHOLDERS THAT WERE REFERENCED, DID NOT, DID NOT INCLUDE NEIGHBORHOOD GROUPS OR RESIDENTS.

IS THAT GOING TO BE INCLUDED? ARE THOSE, IS THAT ELEMENT GONNA BE INCLUDED? WELL, YEAH, I MEAN, IT WOULD BE ANY STAKEHOLDER THAT IS RELEVANT TO THE CODE CHANGE.

SO, YOU KNOW, WE WOULD DEFINITELY DO TARGETED OUTREACH PROB ESPECIALLY RELATED TO MISSING MIDDLE WITH NEIGHBORHOODS.

NOW, ANY NEW ORDINANCE IS REQUIRED TO NOTICE, UM, NEIGHBORHOOD GROUPS.

SO, YOU KNOW, THERE IS THE, THE LEGAL REQUIREMENT THAT, UM, THAT IS REQUIRED.

BUT THEN ANY, ANY ADDITIONAL STAKEHOLDER THAT GROUP THAT IS RELEVANT TO THE ORDINANCE, WE WILL BE REACHING OUT TO.

SO ESPECIALLY THE MISSING MIDDLE PRO, UH, CODE CHANGES, I'M SURE WILL BE, UM, INCLUDING NEIGHBORHOOD GROUPS.

THANK YOU.

I WOULD APPRECIATE, UM, NOT WAITING UNTIL THE NOTICE CRI, UH, CRITERIA KICKS IN THAT WE, THAT THE COMMUNITIES BE ENGAGED BEFOREHAND, JUST LIKE THEY ARE.

THERE'S OUTREACH TO THE DEVELOPMENT COMMUNITY AND LANDSCAPE ARCHITECTS.

I THINK AT THAT TIME, YOU SHOULD BE ALSO REACHING OUT TO THE COMMUNITY.

THE COMMUNITY SHOULD NOT GET THE INFORMATION AT THE TIME OF NOTICE, AT WHICH POINT IT'S TOO LATE FOR THEM TO PROVIDE QUALITY INPUT.

YES, ABSOLUTELY.

AND I THINK THAT, YOU KNOW, THE ORIGINAL ORDINANCE HAD A VERY QUICK TIMELINE THAT DID NOT REALLY ANTICIPATE MUCH STAKEHOLDER ENGAGEMENT.

COUNCIL AT THE TIME SAID, YOU KNOW, A LOT OF THESE, UH, ELEMENTS HAD ALREADY GONE THROUGH STAKEHOLDER PROCESS, BUT THESE PARTICULAR ELEMENTS DID NEED MORE STAKEHOLDER PROCESS AT THE END OF THE DAY.

AND SO THAT'S WHY WE'RE TAKING IT ADDITIONAL TIME.

SO WE'RE WORKING ON GETTING THAT PROCESS TOGETHER, AND, UH, YES, IT WILL BE A MUCH MORE ROBUST, UM, OUTREACH EFFORT.

THANK YOU VERY MUCH.

THANK YOU, CHAIR.

ANYBODY ELSE HAVE COMMENTS OR QUESTIONS? COMMISSIONER THOMPSON? I, I CAN'T SEE YOU NOW, BUT, UM, DO YOU HAVE ANY QUESTIONS FOR LIZ RELATED TO THIS AGENDA ITEM? NO, I CAN SEE YOU GUYS AND I CAN HEAR YOU AS WELL, AND I HAVE NO QUESTION.

THANK YOU VERY MUCH, LIZ.

THANK YOU.

THANK YOU.

YEAH, LIZ.

UM, YEAH, PLEASE KEEP US UPDATED AS THINGS PROGRESS.

UM, AND YEAH, I THINK WE'RE READY TO GO

[3. Update on Bull Creek PUD Amendment #3, Case No. C814-2009-0139.03—Liz Johnston, Deputy Environmental Officer, Watershed Protection Department]

ON TO THE NEXT AGENDA.

ITEM NUMBER THREE, WHICH LUCKY FOR YOU IS ALSO YOU, UM, .

SO THE BULL CREEK POD, UH, AMENDMENT NUMBER THREE UPDATE, PLEASE.

RIGHT.

AND THIS IS JUST AN UPDATE SINCE THIS, UH, BULL CREEK POD WAS ONE OF THE MORE SUBSTANTIAL PODS THAT THIS, UH, BODY HAS, UM, WEIGHED IN ON RECENTLY.

UM, SO THIS WAS RECOMMENDED BY, UH, ENVIRONMENTAL COMMISSION ON AUGUST, AUGUST 3RD.

AND I, UM, JUST WANTED TO BRING AN UPDATE THAT IT WAS APPROVED BY CITY COUNCIL ON NOVEMBER 3RD AND DID INCORPORATE MANY OF THE RECOMMENDATIONS FROM ENVIRONMENTAL COMMOTION, ESPECIALLY RELATED TO CFS AND SOUND AND RECYCLING FACILITIES.

SO, UH, JUST, JUST AN UPDATE.

IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER OR WE CAN MOVE ON.

DO YOU HAVE ANY QUESTIONS ON THAT, GUYS? JUST WHICH ONE WAS THAT? THAT WAS THE BO CREEK POD.

OKAY, THANK YOU.

RIGHT THERE ALONG THE, ALONG THE WATER.

ALL RIGHT.

THANK YOU, LIZ.

THANK YOU VERY MUCH.

UM, MOVING ON.

WE'RE MOVING ON TO, UH, PUBLIC HEARING AGENDA ITEM

[4. Name: 1703 N River Hills Road Marina Reconstruction, SP-2022-0167D]

NUMBER FOUR, UH, 1703 NORTH RIVER HILLS ROAD MARINA RECONSTRUCTION, AND THERE'S TWO ELEMENTS TO THIS, UM, BUT BOTH UNDER S P 2020 OR 2020 2 1 67 D UM, DO WE HAVE A STAFF PRESENTATION FIRST AND MAYBE WE'LL HEAR FROM THE APPLICANT.

AND WE HAVE A HANDFUL OF, UH, , UM, INTERESTED PARTIES TO, TO TALK AS WELL.

SO LET'S, LET'S GO MAYBE WITH STAFF.

IS THAT PAMELA, RIGHT? MM-HMM.

[00:10:01]

, WHEN YOU'RE READY.

PAMELA.

THANK YOU.

UM, I'M WAITING.

CAN YOU HEAR ME? I'M WAITING FOR THE PRESENT.

WE, WE CAN HEAR YOU.

OKAY.

I THINK, I THINK, DO YOU HAVE A PRESENTATION AS WELL? OKAY.

THAT WILL GET PULLED UP.

HOPEFULLY YOU CAN SEE IT WHEN IT'S UP, BUT IT'S NOT QUITE UP YET.

UM, GREAT.

THANK YOU SO MUCH, GUYS.

HI.

GOOD EVENING, UH, COMMISSIONERS.

I AM PAMELA, A ENVIRONMENTAL PROGRAM COORDINATOR WITH THE DEVELOPMENT SERVICES DEPARTMENT.

TONIGHT I AM MIRANDA REINHARDT, ENVIRONMENTAL SCIENTIST SENIOR AND WATERSHED PROTECTION.

WILL BE PRESENTING TWO VARIANCES FOR THIS SITE.

THE NAME OF THE PROJECT IS 1703 NORTH RIVER HILLS ROAD MARINA RECONSTRUCTION.

THE ADDRESS IS 1703 RIVER HILLS ROAD, 78 7 3 3.

AND THE CASE NUMBER S P 20 22 0 1 6 7 D.

WHOOPS.

OH, NEXT SLIDE PLEASE.

DIDN'T WORK WHEN I HIT IT ON MY COMPUTER.

UM, SO THE PROJECT IS LOCATED IN WEST AUSTIN.

NEXT SLIDE, PLEASE.

ON LAKE AUSTIN, THE YELLOW STAR OFF TO THE LEFT THERE OUTSIDE OF 360.

NEXT SLIDE, PLEASE THINK.

THE UH, SITE IS LOCATED IN THE LAKE AUSTIN WATERSHED, WHICH IS CLASSIFIED WATER SUPPLY RURAL.

IT'S IN THE DRINKING WATER PROTECTION ZONE.

IT'S IN FULL AND LIMITED PURPOSE JURISDICTIONS.

THERE ARE NO CREEK OR CREEK BUFFERS, UH, CREEKS OR CREEK BUFFERS.

THERE ARE TWO WETLAND CRITICAL ENVIRONMENTAL FEATURES AND, UH, THERE'S ALSO THE LAKE AUSTIN CRITICAL WATER QUALITY ZONE BUFFER ON THE SITE.

THE SITE IS IN COUNCIL DISTRICT 10.

NEXT, THERE ARE, AS I SAID, TWO VARIANCE REQUESTS.

ONE IS 25 TO VARIANCE REQUESTS, 2 25 8 2 61 WATER QUALITIES AND DEVELOPMENT.

TWO, ALLOW DEVELOPMENT OF A GASOLINE FUEL LINE WITH A DISPENSER AT THE DOCK FOR REFUELING PRIVATE BOATS IN THE CRITICAL WATER QUALITY ZONE OF LAKE AUSTIN.

THE SECOND VARIANCE, WHICH MIRANDA REINHART WILL PRESENT IS TO 25 8 360 8.

ITS ON DEVELOPMENT IMPACTING LAKE AUSTIN, LADYBIRD LAKE, AND LAKE WALTER E. LONG TO ALLOW MORE THAN 25 CUBIC YARDS OF FRE IN LAKE AUSTIN.

NEXT, SO VARIANCE ONE TO ALLOW THE GASOLINE FUEL LINE WITH THE DISPENSER, THE DOCK FOR FUELING REFUELING PRIVATE BOATS.

NEXT, THIS IS THE, UH, SHEET FROM THE SITE PLAN, UH, THAT SHOWS, UH, A DIAGRAM OF THE PLAN, UH, THE, TO ORIENT YOU NORTH IS UP.

LAKE AUSTIN IS TO THE RIGHT.

THE DRAWING PART IN GRAY IS THE, UH, PROPOSED MARINA SLIPS FOR THE BOAT DOCKS.

THE RED LINE ON THE LEFT SHOWS THAT THERE IS A, A CLIFF OF ROUGHLY 10 FEET HEIGHT IN, UH, IT'S MANMADE CLIFF ON, ON THE LEFT THERE, OR KIND OF IN THE MIDDLE OF THE SCREEN.

UM, NEXT THERE, UH, THE CRITICAL WATER QUALITY ZONE SETBACK IS SHOWN HERE IN, UH, IN BLUE, UH, DOTTED LINES, BUT DASH LINE NEXT, THE WETLANDS, AND THERE'S A WETLAND AND A CLUSTER OF TREES ON THE SHORELINE THERE.

NEXT, UH, OKAY, CAN YOU THANK ? I DON'T KNOW WHAT'S GOING ON NEXT, PLEASE.

OKAY.

THE FUEL LINE LAYOUT, THE TANK IS OVER ON THE LEFT SIDE OF YOUR SCREEN NEXT TO THE DRIVEWAY.

UH, THE PIPE IN, UH, THE FUEL PIPE OR FUEL LINE GOES ABOVE GROUND UNTIL IT GETS TO THAT CLIFF.

IT GOES OVER THE CLIFF AND THEN PROCEEDS UNDERGROUND OUT TO THE DOCK WHERE IT WILL BE DISPENSED.

NEXT, THE CURRENT LAYOUT BACK PLEASE, LIKE ONE MORE.

SORRY.

OKAY.

CAN YOU GO BACK TO, OKAY.

OH, WELL, ANYWAY, WE, UH, FUEL LINE DOES AVOID A WETLAND OVER THERE ON THE RIGHT NEXT, WHAT'S GOING ON WITH THE PRESENTATION TONIGHT? NEXT.

OKAY.

UH, AND, UH, BUT IT DOES GO THROUGH.

OKAY, WE'RE WAY OFF.

IT DOES GO THROUGH A CLUSTER OF TREES.

CAN YOU GO NEXT?

[00:15:02]

WE KEEP GOING.

HI, THIS IS THE TECH.

UM, IF YOU CAN HEAR ME, I'D LIKE TO, I WANNA DO THIS.

LET'S GET THIS RIGHT.

SHOULD WE BACK UP AND JUST START OVER AND TRY TO GET IT WHERE WE WANT IT? UH, ACTUALLY YOU'LL JUST GO A FEW FORWARD TO THE PLACE.

UH, NO, GO FORWARD TO THE SPOT WHERE WE START WITH THE FUEL LINE.

RIGHT THERE.

RIGHT THERE.

THAT'S GREAT.

OKAY.

SO, UM, SO WE HAVE A FUEL LINE ON THE LEFT.

IT GOES, UH, ACROSS THE SITE, UH, OVER THE CLIFF AND UNDERGROUND.

UH, THERE, THERE'S OVERLAND AND UNDERGROUND.

UH, IT AVOIDS THE WETLAND THERE ON, YOU CAN SEE ON THE RIGHT, ON THE SHORE.

UH, NEXT PLEASE, AND, UH, BUT IT DOES GO RIGHT THROUGH THIS CLUMP OF CLUSTER OF TREES.

NEXT, PLEASE.

I DO WANT TO MENTION THE RAW WATER INTAKE FOR TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 20.

THEY HAVE, THE DISTRICT HAS A WATER TREATMENT PLANT ON THE SITE DIRECTLY ADJACENT TO THE PROPOSED MARINA, THE, THE VARIANCE SITE, AND ABOUT 800 FEET DOWNSTREAM FROM THAT, THERE IS THE WALL WATER INTAKE THAT THAT TAKES IN THE WATER FOR THAT TREATMENT PLANT.

NEXT SLIDE, PLEASE.

SO, THIS TREATMENT PLANT TYPICALLY TREATS APPROXIMATELY A MILLION GALLONS OF WATER A DAY.

UH, THE OVERWHELMING MAJORITY OF THE WATER TREATED AND DISTRIBUTED BY THE DISTRICT IS USED BY RESIDENTS FOR DRINKING WATER AND OTHER TYPICAL DOMESTIC USES.

THE DISTRICT PROVIDES POTABLE WATER FOR APPROXIMATELY 300 HOMES, WHICH COMES TO ABOUT 1,100 PEOPLE.

THE DISTRICT COVERS ABOUT 1038 ACRES, AND THE DISTRICT CONTRACTS, CONTRACTS WITH THE LCR TO PURCHASE WALL WATER AND RELIES EXCLUSIVELY ON LAKE AUSTIN AS ITS SOURCE FOR, UH, POTABLE WATER.

NEXT, PLEASE.

SO, THE VARIANCE RECOMMENDATIONS STAFF DETERMINES THAT THE FINDINGS OF FACT HAVE NOT BEEN MET VARIANCES HAVE NOT BEEN, UH, VARIANCES HAVE NOT BEEN GRANTED FOR PROJECTS WITH, UH, SIMILAR CODE REQUIREMENTS.

THE MOST RECENT, UH, SIMILAR PROJECT HAVING BEEN, UM, PERMITTED BACK IN 1985.

THE VARIANCE IS NECESSITATED FEEL BY THE APPLICANT'S DESIGN CHOICE, AND IT DOES NOT, OF COURSE, PROVIDE GREATER OVERALL ENVIRONMENTAL PROTECTION.

THE VARIANCE IS NOT THE MINIMUM DEVIATION NECESSARY TO ALLOW REASONABLE USE OF THE PROPERTY, BECAUSE THE MARINA AND THE, UH, ZONING, WHICH ALLOWS A BUSINESS THERE WOULD PROVIDE REASONABLE USE OF THE PROPERTY, THE VARIANCE DOES CREATE A SIGNIFICANT PROBABILITY OF HARMFUL ENVIRONMENTAL CONSEQUENCES FROM LEAKAGE OF FUEL.

FINALLY, THE WATER QUALITY WILL NOT BE EQUAL TO OR BETTER THAN WATER QUALITY WITHOUT THE VARIANCE.

THAT'S THE END OF THAT VARIANCE.

UH, NEXT SLIDE, PLEASE.

I NOW TURN IT OVER TO MY COLLEAGUE MIRANDA.

THANK YOU.

IS THAT ON? SEE THAT? LET'S SEE THAT.

LET'S SEE IF IT STAYS.

OKAY.

GOOD EVENING, COMMISSIONERS.

MY NAME IS MARIA MIRANDA REINHARDT, AND I'M AN ENVIRONMENTAL SCIENTIST SENIOR IN THE WATERSHED PROTECTION DEPARTMENT.

AND I AM THE WETLAND BIOLOGIST REVIEWER FOR THIS CASE.

AND I'LL BE PRESENTING THE VARIANCE FOR DREDGING MORE THAN 25 CUBIC YARDS IN LAKE COST.

AND FOR THIS CASE.

NEXT SLIDE.

MIRANDA, IF YOU DON'T MIND.

YEP.

IT'S EASIER FOR THE CAMERA.

IF YOU GO TO THE, IF YOU GO TO THE PODIUM, PLEASE.

THANK YOU.

THAT ONE LOOK.

OKAY.

PERFECT.

THANK YOU.

YOU GOT IT.

OKAY, PERFECT.

THAT'S ON THE RIGHT SLIDE.

UM, SO THIS PROJECT IS PROPOSING TO MODIFY AN EXISTING MARINA BUILT IN 19 BUILT PRIOR TO 1965.

THE EXISTING 21 SLIP MARINA IS SHOWN IN, HIGHLIGHTED IN BLUE, AND THEN THE PROPOSED 16 SLIP MARINA IS SHOWN, HIGHLIGHTED IN YELLOW.

THE CLIPPED PLAN SET IMAGE IN THE CENTER IS SHOWCASING HOW THE EXISTING AND PROPOSED MARINA OVERLAP AND THE EXISTING FOOTPRINT IS OUTLINED IN LAVENDER.

UM, THE PROJECT PROPOSES TO REPLACE A MALFUNCTIONING EXISTING 21 SLIP MARINA WITH 16 CODE COMPLIANT SLIPS WITHIN THE EXISTING FOOTPRINT AND CODE ALLOWS FOR CONSTRUCTION OF A MARINA AND ALLOWS FOR THE MODIFICATION AND MAINTENANCE OF NON-COMPLIANT DOCKS.

NEXT SLIDE, PLEASE.

[00:20:02]

LDC 25 8 360 8 E ALLOWS UP TO 25 CUBIC YARDS OF DREDGE IN THE LAKE FOR A SINGLE SITE PLAN PERMIT APPLICATION.

AND EACH SITE PLAN TYPICALLY CONTAINS ONE TO TWO BOAT SLIPS.

SO THIS PROJECT IS PROPOSING 6.1 CUBIC YARDS OF DREDGE PER BOAT SLIP FOR A TOTAL OF 97.4 CUBIC YARDS OF DREDGE.

IF THIS PROJECT CAME IN AS 16 SEPARATE SITE PLANS FOR 16 SEPARATE BOAT SLIPS AND PROPOSED 25 CUBIC YARDS OF DREDGE PER BOAT SLIP, THEN IT WOULD BE A TOTAL OF 400 CUBIC YARDS OF DREDGE.

THE QUANTITY OF DREDGE PER BOAT SLIP AND OVERALL TOTAL IS MUCH LESS THAN ALLOWED PER CODE IF THIS WAS FILED AS 16 SEPARATE, UH, SITE PLANS, THE VARIANCE IS REQUIRED TO ALLOW AQUA A QUANTITY OF DREDGING THAT IS DICTATED BY THE NUMBER OF BOAT SLIPS AND IS LESS PER BOAT SLIP, APPROXIMATELY 6.1 CUBIC YARDS THAN THE QUANTITY OF DREDGING ALLOWED BY CODE FOR A SINGLE BOAT SLIP OF 25 CUBIC YARDS.

NEXT SLIDE.

SO, SIMILAR VARIANCES HAVE BEEN GRANTED FOR PROJECTS WITH SIMILAR CODE REQUIREMENTS.

AN EXAMPLE OF A SIMILAR PROPERTY IS WEST HARBOR MARINA, UM, SITE PLAN NUMBER S P 20 18 0 2 2 1 C.

THIS PROJECT PROPOSED TO REPLACE AN EXISTING 28 SLIP, UH, MARINA WITH 26 CODE COMPLIANCE SLIPS WITHIN THE EXISTING FOOTPRINT.

THIS PROJECT WAS GRANTED A VARIANCE IN 2019 TO DREDGE APPROXIMATELY 16 CUBIC YARDS PER BOAT SLIP FOR A TOTAL OF 422 CUBIC YARDS.

THE 1703 NORTH RIVER HILLS ROAD MARINA RECONSTRUCTION VARIANCE APPLICATION PROPOSES TO DREDGE ONLY 6.1 CUBIC YARDS PER SLIP FOR A TOTAL OF 97.4 CUBIC YARDS.

SO AS YOU CAN SEE, THE AMOUNT OF DREDGE PROPOSED FOR THE SIMILAR VARIANCE IS MUCH LESS THAN, UH, LESS PER SLIP.

AND IN TOTAL.

NEXT SLIDE.

UM, IN ADDITION TO THE REQUIRED WETLAND MITIGATION AND BULKHEAD MITIGATION PLANTINGS, THE APPLICANT IS INSTALLING A SEDIMENT BOOM OR TURBIDITY CURTAIN TO MINIMIZE SEDIMENT DISTURBANCE.

AND THIS IS OUTLINED IN PURPLE.

ON THIS EXHIBIT.

THE APPLICANT IS ALSO INSTALLING TEMPORARY ORANGE CONSTRUCTION FENCING AROUND THE ENTIRE BOUNDARIES OF THE WETLAND CRITICAL ENVIRONMENTAL FEATURE OR C F, UM, NOT INCLUDED IN THE LIMITS OF CONSTRUCTION OR L O C TO PREVENT ENCROACHMENT WITHIN THE WETLAND C F AND THE WETLAND IS OUTLINED IN GREEN HERE, AND THE TEMPORARY ORANGE CONSTRUCTION FENCING IS OUTLINED IN ORANGE.

AND THEN THE APPLICANT IS ALSO PROVIDING ADDITIONAL WETLAND PLANTINGS, WETLAND MITIGATION PLANTINGS IN THE WATER ALONG THE SHORELINE, WHICH IS SHOWN IN LIGHT BLUE.

NEXT SLIDE.

IN ADDITION TO THE REQUIRED 301 WETLAND MITIGATION PLANTINGS AND BULKHEAD MITIGATION PLANTINGS, THE APPLICANT IS PROVIDING 32 ADDITIONAL WETLAND MITIGATION PLANTINGS OF AMERICAN WATER WILLOW, OR JUST TO SEE A, UH, AMERICANA GIANT CUT GRASS OR SIS MILLI ACA OR OTHER HERBIVORE RESISTANT OBLIGATE WETLAND SPECIES THAT ARE EMERGED IN THE WATER ALONG THE SHORELINE.

THE WETLAND, AGAIN, IS OUTLINED IN GREEN HERE.

THE, UH, REQUIRED WETLAND AND BULKHEAD MITIGATION PLANTINGS ARE OUTLINED IN DARK BLUE, AND THEN THE ADDITIONAL WETLAND MITIGATION PLANTINGS ARE OUTLINED IN LIGHT BLUE.

NEXT SLIDE.

SO, SIMILAR VARIANCES HAVE BEEN GRANTED FOR PROJECTS WITH SIMILAR CODE REQUIREMENTS AND SIMILAR CIRCUMSTANCES TO ALLOW REHABILITATION AND OR REPLACEMENT OF THE, OF AN EXISTING MARINA.

UH, THE VARIANCE IS NECESSITATED BY TOPOGRAPHIC FEATURES NOT DESIGN CHOICE.

THE AMOUNT OF DREDGE REQUESTED IS THE MINIMUM AMOUNT NEEDED TO MAINTAIN, MAINTAIN AN EXISTING MARINA AND ALLOW NAVIGABLE CLEARANCE FOR THE BOAT.

THE VARIANCE IS ALSO THE MINIMUM DEVIATION FROM CODE.

THE CODE ALLOWS UP TO 25 CUBIC YARDS OF DREDGING ASSOCIATED WITH CONSTRUCTION OF A SINGLE SLIP DOCK.

THE PROPOSED D DREDGE NECESSARY TO BUILD A NAVIGABLE 16 SLIP DOCK WITHIN THE EXISTING BOAT DOCK IS FAR LOWER, 6.1 CUBIC YARDS PER SLIP THAN THE DREDGE ALLOWED 25 CUBIC YARDS PER SLIP.

IF THE BOAT DOCK WAS PERMITTED ON A SLIP BY SLIP BASIS, THE VARIANCE IS UNLIKELY TO RESULT IN HARMFUL ENVIRONMENTAL CONSEQUENCES.

A SEDIMENT BOOM WILL BE INSTALLED PRIOR TO CONSTRUCTION AND MAINTAIN FOR THE DURATION OF THE PROJECT TO MINIMIZE DISCHARGES TO THE LAKE.

AND DENYING D DREDGE TO A NAVIGABLE DEPTH POTENTIALLY HARMS THE WATER QUALITY OF THE LAKE DUE TO TURNING OF THE LAKE BED BY BOATS LEAVING SEDIMENT LADEN WATER IN THE LAKE, WATER QUALITY WOULD BE EQUAL TO OR BETTER THAN WATER QUALITY WITHOUT THE VARIANCE.

DREDGING IS NECESSARY TO ELIMINATE THE TURNING OF THE LAKE BED BY BOAT TRAFFIC LEADING TO SEDIMENT LADEN LAKE WATER.

THERE WILL BE A REPLACEMENT OF THE BULKHEAD THAT IS CURRENTLY ALLOWING SEDIMENT TO ENTER LAKE AUSTIN WETLAND MITIGATION, BULKHEAD MITIGATION TREE PROTECTION, AND THE INSTALLATION OF TEMPORARY ORANGE CONSTRUCTION FENCING AROUND THE WETLAND C F WILL POSITIVELY IMPACT WATER QUALITY ADDITIONAL WETLAND PLANTINGS, AND PROTECTING THE WETLANDS

[00:25:01]

C F WILL POSITIVELY IMPACT WATER QUALITY.

NEXT SLIDE.

SO STAFF RECOMMENDS THIS VARIANCE WITH THE FOLLOWING CONDITIONS.

ONE, INSTALL THE SEDIMENT BOOM TO MINIMIZE SEDIMENT DISTURBANCE.

TWO, INSTALL TEMPORARY ORANGE CONSTRUCTION FENCING AROUND THE WETLAND C F NOT INCLUDING THE L O C TO PREVENT ENCROACHMENT INTO THE WETLAND C F.

AND THEN THREE, PROVIDE ADDITIONAL WETLAND MITIGATION BEYOND THE REQUIREMENTS FOR WETLANDS.

32 PLANTINGS OF HERBIVORE RESISTANT OBLIGATE WETLANDS SPECIES THAT ARE EMERGED IN THE WATER ALONG THE SHORELINE.

NEXT SLIDE.

AND THAT IS IT.

SO ANY QUESTIONS? LET'S GO AHEAD.

THANK YOU VERY MUCH.

LET'S GO AHEAD AND HEAR FROM THE APPLICANT AND THEN, UM, I THINK WE'LL MAYBE OPEN IT UP FOR QUESTIONS FOR BOTH STAFF AND, UH, AND THE APPLICANT, IF YOU WOULDN'T MIND IT, IT, IT MAKES IT EASIER FOR THE AV GUYS, SO YOU CAN BE ON CAMERA.

UH, THANK YOU .

YOU MAY NEED TO HIT THE BUTTON ON THE MIC TO WHERE THE GREEN LIGHT TURNS ON.

OKAY.

GOT IT.

UH, GOOD EVENING, CHAIR AND COMMISSIONERS.

I'M JANICE SMITH, THE ENGINEER OF RECORD FOR 1703 NORTH RIVER HILLS ROAD MARINA RECONSTRUCTION, AKA THE PIER NAEL MEAD OF HUSH BLACKWELL IS THE OWNER'S REPRESENTATIVE AND THE CO-APPLICANT ON THESE VARIANTS APPLICATIONS.

WE'RE HERE TONIGHT REQUESTING YOUR SUPPORT FOR OUR VARIANCE APPLICATIONS FOR DREDGE MORE THAN 25 CUBIC YARDS AND A SECOND VARIANCE TO ALLOW A FUEL LINE AND PUMP IN THE CRITICAL WATER QUALITY ZONE.

ATTENDING THE MEETING WITH US IS THE PROJECT TEAM COMPOSED OF ENGINEERS ASSEMBLED FROM NEAR AND FAR TASKED WITH DESIGNING THE FUELING STATION.

THAT'S THE SUBJECT OF THEIR CRITICAL WATER QUALITY ZONE VARIANTS.

THEY'RE LEADERS IN THEIR FIELDS WITH AN AVERAGE OF 30 YEARS OF EXPERIENCE IN THEIR PRACTICE AREAS.

ELLE AND I ARE FORTUNATE TO HAVE THEM ON THE TEAM.

NEXT SLIDE.

THE PROPOSED PROJECT SITE FORMALLY THE SITE OF THE PIER RESTAURANT SHOWN HERE IN ITS HEYDAY, CONTAINS AN ABANDONED RESTAURANT PAVED DANCE FLOOR AND STAGE PARKING LOT BULKHEAD EXISTING 18 SLIP MARINA, THE NORTH DOCK, AND A NON OPERATIONAL FUELING STATION WITH THREE SLIPS.

THE SOUTH DOCK CONSTRUCTIVE.

PRIOR TO 1965, THE PEER HAD BEEN OPEN IN ONE FORM OR ANOTHER FROM THE 1920S TO 2005.

NEXT SLIDE.

THE CONDITION OF BOTH DOCS IS PERILOUS.

THE DOCKS WERE RED TAGGED IN APRIL, 2019, AND A SITE PLAN IS REQUIRED TO RECONSTRUCT THE DOCKS.

THE PROPOSED PROJECT WILL RECONSTRUCT THE DOCKS, BULKHEAD AND A FUELING STATION.

NEXT SLIDE.

THE NORTH DOCK, WE HAVE 13 SLIPS IN THE SOUTH DOCK, WILL HAVE THE CAPACITY TO MORE THREE BOATS BY TODAY'S PERMITTING REQUIREMENTS.

THE OLD STRUCTURES WERE A 21 SLIP MARINA.

THE REPLACEMENT DOCK WILL REDUCE THE NUMBER OF SLIPS BY FIVE TO 16 SLIPS AND WILL REPLACE THE EXISTING STRUCTURES WITH CODE COMPLIANT DOCKS WITHIN THE EXISTING FOOTPRINTS.

THE PROJECT ALSO INCLUDES IN INSTALLATION OF A BULKHEAD DESIGNED TO PROTECT AND PRESERVE THE TREES ON SITE.

THE FIRST VARIANCE APPLICATION ON THE AGENDA IS FOR DEVELOPMENT AND THE CRITICAL WATER QUALITY ZONE.

SO I'LL ADDRESS THAT ONE FIRST.

NEXT LINE.

WE'RE, UM, WE, YEAH, THERE MIGHT BE SEVERAL SLIDES FOR IT.

I THINK YOU NEED TO GO BACK ABOUT THREE SLIDES.

THAT ONE, LAKE AUSTIN IS 21 MILES LONG, BUT ONLY HAS ONE GAS STATION ON THE LAKE.

YEAH, IT'S BACK.

IT'S THE WHOLE AERIAL OF THE LIGHT.

YEAH.

ACTUALLY FORWARD TWO THREE SLIDES FORWARD FROM THERE.

PLEASE KEEP GOING FORWARD.

THERE.

THERE YOU GO.

NO, IT WAS THE AERIAL BACK ONE BACK ONE, PLEASE.

YEAH.

YES, THERE ON THE LAKE, IT'S ABOUT A HALF MILE FROM TOM MILLER DAM, THE DOWNSTREAM END OF LAKE AUSTIN.

THE PIER IS LOCATED EIGHT MILES UPSTREAM OF THE LAKE AUSTIN MARINA, PRETTY CLOSE TO THE MIDPOINT OF THE LAKE.

NEXT SLIDE.

THE PIER FUEL BOATS FROM THE FIFTIES UNTIL 2005 AND THE UNDERGROUND STORAGE TANK WAS REMOVED IN 2008.

CURRENTLY, UPSTREAM BOAT OWNERS CAN EITHER BOAT DOWN TO THE GAS STATION, WHICH IS FOUR MILES DOWNSTREAM OF THE LOOP 360 BRIDGE, OR THEY CAN FILL UP THEIR BOATS USING INDIVIDUAL GAS CANS.

THERE'S A MOBILE FUELING SERVICE THAT USES THE PORTABLE GAS CANS AS WELL.

CITY STAFF SITES CONCERNED ABOUT FUELING BOATS IN THE WATER AS A REASON THAT THEY DON'T SUPPORT THE VARIANCE THAT'S HAPPENING RIGHT NOW AS BOTH THE PERSONAL AND COMMERCIAL ENTERPRISE.

AND IT APPEARS TO BE TOTALLY UNREGULATED UPSTREAM.

ACCESS TO FUEL COULD BE PROVIDED BY A FUEL FUEL STATION IN THAT STRETCH OF THE LAKE.

THERE ARE WATER AND AIR EMISSIONS ASSOCIATED WITH EVERY FUELING SCENARIO.

WE COMPARED THE EMISSIONS VIA PORTABLE GAS CANS VERSUS A FUELING STATION.

WE WERE SURPRISED JUST HOW DIFFERENT THEY ARE.

NEXT SLIDE.

THE DATA USED IN OUR ANALYSIS WAS SOURCED FROM STUDIES PUBLISHED BY THE AMERICAN PETROLEUM

[00:30:01]

INSTITUTE IN ERG.

THE FORMER PROVIDED DATA ON AIR EMISSIONS AND FUEL SPILLS AT GAS STATIONS, AND THE LADDER PROVIDED DATA ON EMISSIONS RESULTING FROM THE USE OF PORTABLE GAS CANS.

NEXT SLIDE, THEN WE COMPARED THE SPILLS AND AIR EMISSIONS FROM EACH SCENARIO AND THE RESULTS WERE SHOWN ON THIS SLIDE.

PORTABLE GAS CANS PRODUCE 18 AND 20 TIMES MORE WATER AND AIR EMISSIONS RESPECTIVELY THAN DOES A FUEL PUMP.

BEAR IN MIND, THE PORTABLE GAS CANS IN THE STUDY ARE FIVE GALLONS.

WHILE A CONSERVATIVE ASSUMPTION OF THE SIZE OF A BOAT TANK IS AROUND 50 GALLONS, THE PORTABLE CANS COULD REQUIRE NINE FILLS NOT ACCOUNTED FOR IN THIS TABLE TO FILL THE TANKS TO THE REC AMENDED CAPACITY OF 90%.

THE GAS PUMP CAN FILL A GAS TANK IN ONE A FILL THAT WILL BE COMPLETED BY A TRAINED ATTENDANT EDUCATED IN THE SPECIFICS OF MANAGING A SPILL.

PREVENTION FOR CONTROL AND COUNTER MEASURES.

PLAN AN SPCC IF NEEDED.

NEXT SLIDE.

OH YEAH.

OH, I'M SORRY.

YOU WERE WHERE WHEN WE NEED TO GO BACK.

OKAY, THERE YOU GO.

THE SPILLS WILL GO STRAIGHT INTO THE LAKE.

LAKE AUSTIN, THE SOURCE OF WATER FOR BOTH PUBLIC ENTITIES AND PRIVATE HOMEOWNERS.

THE CONTRACTS FOR THE PUBLIC CUSTOMERS WITH INTAKES UPSTREAM OF THE LOOT 360 BRIDGE ALONE, TOTAL 26,662 ACRE FEET PER YEAR.

NEXT SLIDE.

CITY STAFF ALSO EXPRESSES CONCERN ABOUT THE LOCATION OF THE W C I D NUMBER 20 WATER INTAKE AS IT RELATES TO THE PEERS LOCATION.

THE W C I D INTAKE IS ABOUT 730 FEET DOWNSTREAM, THE PROPOSED GAS PUMP LOCATION WITH AN LC WATER CONTRACT OF 534 ACRE FEET PER YEAR.

THE DESIGN TEAM WILL LOOK CLOSELY AT POSSIBLE SPILL SCENARIOS AND MODEL THE EFFECT OF THE SPILLS ON THE INTAKE.

NEXT LINE, TCEQ SPILL REPORTS ON LAKE AUSTIN WERE ANALYZED AND THE LARGEST SPILL REPORTED ON THE LAKE WAS THREE GALLONS AND OCCURRED IN 2013.

THE DESIGN TEAM FORMULATED A WORST CASE SPILL SCENARIO BASED ON THE FUEL SYSTEM DESIGN PARAMETERS, INCLUDING THE BELT AND SUSPENDERS APPROACH TO SAFETY MEASURES.

THIS SPILL 35 GALLONS WAS MODELED.

THE RESULTS SHOWED THAT THE BENZENE LEVEL, THE CONSTITUENT MOST PREDICTIVE OF FUEL CONTAMINATION REMAINED BELOW REPORTABLE LIMITS IN THE WORST CASE SCENARIOS SPILL.

NEXT SLIDE.

THE NEXT SLIDE.

THERE YOU GO.

UH, THE PIER WAS AT THIS LOCATION FOR DECADES PRIOR TO THE 1983 PERMITTING OF THE W C I D WATER INTAKE.

THE TCEQ REGULATES THE LOCATION OF RAW WATER INTAKES.

THEY'RE CODE GOVERNING THE RULES AND REGULATIONS FOR PUBLIC WATER SYSTEM STATES.

RAW WATER INTAKES SHALL NOT BE LOCATED WITHIN A THOUSAND FEET OF BOAT, LAUNCHING RAMPS, MARINAS DOCKS, OR FLOATING FISHING PIERS, WHICH ARE ACCESSIBLE BY THE PUBLIC.

THE SECOND PROVISION IS A, A COMPLETE 200 FOOT RESTRICTION ON ANY, UM, RECREATIONAL ACTIVITY WITHIN THE AN INTAKE.

THE DISTRICT SOUGHT AND RECEIVED A VARIANCE TO CONSTRUCT THE INTAKE CLOSER THAN A THOUSAND FEET TO THE PIER MARINA, WHICH WAS A FULLY OPERATING GAS STATION IN 1983.

THIS SLIDE SHOWS A LETTER, OH, SORRY.

NEXT SLIDE.

THIS SLIDE SHOWS A LETTER THAT THE WATER DISTRICT'S PRESIDENT WROTE IN OPPOSITION TO A PREVIOUSLY PLANNED REDEVELOPMENT OF THE PEER SITE.

AND THE HIGHLIGHTED PARAGRAPH EXPLAINS THEIR RATIONALE FOR LOCATING THE INTAKE SO CLOSE TO THE PIER.

THE DISTRICT'S RAW WATER INTAKE FACILITY IS APPROXIMATELY 800 FEET DOWNSTREAM OF THE PIER AT THE TIME THE DISTRICT CONSTRUCTED ITS FACILITIES.

AND UNTIL RECENTLY, THE PIER PROVIDED DOCKING FOR APPROXIMATELY 19 VOTES.

IN 1983, THE DISTRICT'S DEVELOPERS APPLIED FOR AND RECEIVED APPROVAL OF AN EXCEPTION TO LAX FACILITIES WITHIN A THOUSAND FEET OF GASOLINE FACILITIES BASED UPON THE LIMITED USE OF THE PEERS BOATING ACTIVITIES.

AT THAT TIME, THE DISTRICT'S ENGINEER AND THE STAFF OF THE TEXAS HEALTH DEPARTMENT CONCLUDED THAT THE EXCEPTION WAS REASONABLE CLOSE QUOTE, AND THEY WERE RIGHT.

THERE'S NO AVAILABLE DATA SHOWING AN ELEVATED BENZENE LEVEL AT W C I D.

NUMBER 20, WHEN THE PI GAS STATION WHAT'S IN USE WITH FIVE MORE SLIPS THAN ARE PROPOSED FOR THIS PROJECT.

A SINGLE OLD UNDERGROUND STORAGE TANK WITH NO LEAK DETECTION AND A BUSY RESTAURANT AND LIVE MUSIC VENUE ON SITE, THE PROPOSED DOT CAPACITY IS LESS OF THE CAPACITY OF THE PRIOR DOCK.

THE FUEL SYSTEM FEATURING AN ABOVE GROUND STORAGE TANK IS DESIGNED TO MEET OR EXCEED 2022 ENVIRONMENTAL REGULATIONS AND BEST PRACTICES.

AND THE STATION WILL BE ATTENDED BY TRAINED TECHNICIAN CAPABLE OF EXECUTING AN SP C IF NEEDED.

THE GAS PUMP WILL GREATLY REDUCE AIR EMISSIONS AS WELL AS WATER EMISSIONS IN THE ALMOST 27,000 ACRE FEET OF WATER THAT SOLD ANNUALLY TO PUBLIC ENTITIES IN THEIR RESIDENCE, INCLUDING THE 534 ACRE FEET OF WATER THAT SOLD TO THE W C I D NUMBER 20.

THE PROJECT TEAM CAN'T FORESEE A CIRCUMSTANCE THAT IT WOULD ENDANGER THE WATER INTAKES NEARBY.

ACCORDING TO THE SCIENCE, A FUELING STATION AT 1703

[00:35:01]

NORTH RIVER HILLS ROAD IS AN ENVIRONMENTAL WIN.

NOW, I WAS GONNA TURN TO THE DREDGE VARIANCE, BUT HONESTLY, MIRANDA SAID EVERYTHING I WAS GONNA SAY.

SO I'M HERE FOR QUESTIONS.

IF YOU WE'RE ALL HERE, OH, WAIT A MINUTE.

I GOTTA SKIP TO MY LAST PARAGRAPH.

OKAY.

UM, NAEL MEAD AND MICAH KING OF HUSH BLACKWELL.

MICHAEL VIC OIL SPILL MODELER OF M RICK BERRY FUEL SYSTEM DESIGNER OF CDS MUR, QUENTIN MCNULTY ENVIRONMENTAL EN ENVIRONMENTAL EN ENGINEER OF SQL ENVIRONMENTAL.

AND I ARE HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

THANK YOU, MA'AM.

LET'S MAYBE GO AROUND THE HORN HERE AND YOU PROBABLY SHOULD JUST SIT CLOSE BY, BUT, BUT NOT, WHAT'S THAT? OH, WE GOT PUBLIC SPEAKERS.

YEAH.

THANK YOU.

YEAH, PLEASE SIT CLOSE BY AND THEN WE WILL, UH, GO THROUGH THE PUBLIC SPEAKERS.

YOU EACH SHOULD HAVE THREE MINUTES UNLESS ANY OF YOU ALL ARE YIELDING YOUR TIME.

UM, AND WE'LL KEEP YOU, UH, POSTED ON HOW YOUR TIME'S GOING.

UH, FIRST UP WE HAVE GREG GREASON.

IF YOU WOULDN'T MIND, JUST COME UP TO THE PODIUM, MAKE SURE THAT LIGHT, THAT GREEN LIGHT'S ON.

UM, STATE YOUR NAME AND IF YOU HAVE A PRESENTATION, WE CAN TEE IT UP.

OTHERWISE, WHEN YOU START TALKING, YOUR TIME STARTS.

YEAH, I DIDN'T SEND ANY SLIDES, BUT I DID SEND YOU, UH, COMMISSIONERS A COUPLE OF EMAILS WITH, UH, SOME VISUALS.

MY NAME'S GREG GREASON.

THANKS FOR THE OPPORTUNITY TO SPEAK TO ABOUT THE VARIANCE REQUESTS RELATING TO THE REDEVELOPMENT OF THE PURE PROPERTY.

I EMAILED YOU THESE TWO DOCUMENTS EARLIER THIS AFTERNOON, SO I HOPE YOU HAVE A, UH, YOU HAD A CHANCE TO GLANCE AT THOSE.

I'LL COME BACK TO THESE LATER.

I'M OPPOSED TO THE GRANTING OF BOTH VARIANCES BEING CONSIDERED.

THIS EVENING.

I WILL FOCUS PRIMARILY, UH, SORRY.

UH, I WILL FOCUS PRIMARILY ON THE SECOND ONE THAT THE, THE GASOLINE FACILITIES.

I'VE SERVED ON THE BOARD OF DIRECTORS OF TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 20.

FOR 15 YEARS, I WAS ELECTED PRESIDENT OF THE BOARD IN 20, PROVIDING DRINKING WATER SINCE THE MID 1980S TO THE ROBROY AREA.

WE HAVE OVER 300 FAMILIES AND NUMEROUS BUSINESSES THAT DEPEND ON OUR DISTRICT FOR THE DRINKING WATER.

AS PAMELA EXPLAINED, LAKE AUSTIN IS THE SOURCE OF OUR RAW WATER FOR OUR TREATMENT PLANT, WHICH IS IMMEDIATELY ADJACENT TO THE PURE PROPERTY.

WE OPERATE OUR RAW WATER INTAKE ABOUT 730 FEET DOWNSTREAM OF THE PURE PROPERTY RIGHT ACROSS FROM ELONG METROPOLITAN PARK.

WE ARE CONCERNED ABOUT GASOLINE SALES OCCURRING IN CLOSE PROXIMITY TO OUR RAW WATER INTAKE.

OUR DISTRICT ENGINEERS HAVE EXPRESSED HEALTH AND SAFETY CONCERNS RELATING TO THE POSSIBILITY OF CONTAMINATION IN THE DISTRICT'S WATER SUPPLY THAT COULD RESULT FROM AN ACCIDENT AT THE PROPOSED GAS FACILITIES.

WHILE THE DISTRICT REGULARLY UNDERTAKES WATER QUALITY TESTING AT OUR WATER PLANT AND THROUGHOUT OUR NEIGHBORHOODS, WE DO NOT HAVE THE ABILITY TO TEST FOR BENZENE IN REAL TIME.

THUS, IF A SPILL WERE TO OCCUR, IT WOULD BE DIFFICULT FOR THE DISTRICT TO ENSURE THAT OUR WATER SUPPLY WOULD NOT BECOME CONTAMINATED BEYOND HEALTH AND SAFETY CONCERNS.

THE POTENTIAL IMPACT ECONOMIC IMPACT TO THE DISTRICT WOULD LIKELY BE SIGNIFICANT IF A CATASTROPHIC SPILL WERE TO OCCUR.

SUMMING UP.

THERE ARE CONSIDERABLE HEALTH AND SAFETY CONCERNS RELATING TO THE INSTALLATION OF GASOLINE FACILITIES AT THE PURE PROPERTY.

FURTHER, I AGREE WITH THE CONCLUSION OF THE CITY'S ENVIRONMENTAL REVIEW STAFF.

THE FINDINGS OF FACT RELATIVE TO THE VARIANCE HAVE SIMPLY NOT BEEN MET.

I WOULD RESPECTFULLY REQUEST THAT YOU DENY THIS VARIANCE BY DOING SO.

THIS COMMISSION CAN ENSURE RESPECT FOR THE CRITICAL WATER QUALITY ZONE AND BETTER WATER QUALITY IN LAKE AUSTIN FOR ALL THOSE IMPACTED.

IN CONCLUSION, I THINK IT WOULD, SHOULD BE OBVIOUS TO THOSE OF US IN THE PUBLIC SECTOR THAT KNEW CARBON BASED INFRASTRUCTURE IS TO BE DISCOURAGED, NOT ENCOURAGED.

IN YOUR EMAIL INBOX IS THE CITY'S RECENT CLIMATE EQUITY PLAN, ALONG WITH A WALL STREET JOURNAL ARTICLE, NOTING THAT ELECTRIC POWERED WATERCRAFT ARE REALITY.

TWO OR THREE MONTHS AGO, I WOULD'VE SAID THAT'S A JOKE, BUT THEY ARE COMING AND I REALLY SEE NO REASON TO, TO SUPPORT MORE GAS POWER, UH, BOATING ON THE LAKE.

IF, IF IT CAN BE AVOIDED.

I HOPE WE'LL ALL LOOK TO THE FUTURE IN MAKING DECISIONS AFFECTING ALL OF US.

THANK YOU.

THANK YOU, SIR.

THE NEXT STEP WE HAVE LAUREN ICE AND BRYCE, UH, KENNEDY HAD YIELD AT HIS TIME.

UH, SO YOU HAVE, UH, SIX MINUTES TOTAL.

CAN I ASK HIM? OKAY.

YEAH, THAT'S FINE.

MR. BARNES, THEN YOU HAVE THREE MINUTES.

I DO.

UH, THANK YOU ALL COMMISSIONERS FOR ALLOWING ME THE TIME TO SPEAK.

[00:40:01]

UH, MY NAME IS TERRY BARNES.

I'M THE PRESIDENT OF ROB ROY LAKE, UH, OWNERS ASSOCIATION.

UH, WE CONSIST OF ABOUT 85 HOMES, UH, INCLUDING, UH, ALONG, UH, LAKE AUSTIN DOWNSTREAM OF THE PIER FOR DISTANCE OF ABOUT, UH, THREE QUARTERS OF A MILE.

OUR HOA GETS US WATER FROM TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 20, AND OUR HOA ALIGNS WITH THE WATER DISTRICT AND DOES NOT SUPPORT THE RETURN OF GASOLINE SALES AT THE PIER PROPERTY.

THE BALANCE OF THE TRACT, HOWEVER, IS A LITTLE BIT OF AN UNKNOWN.

UH, THERE IS NO SITE PLAN, UH, FOR WHAT THEY ARE INTENDING TO DO WITH EVERYTHING THAT'S BEHIND THE DOCKS, WHICH IS A LITTLE BIT OF AN UNKNOWN TO US.

AND AS A RESULT OF THAT, THE HOA DOES NOT HAVE ENOUGH INFORMATION ABOUT THE TRACKS BALANCE TO ENVISIONS THIS NEW USE OR HAVE A STANCE ON MAY, WHAT MAY ACTUALLY BE RETURNING US TO APPEAR FOR THIS HEARING'S PURPOSES, THOUGH I WOULD, UH, RESPECTFULLY REQUEST THAT THE COMMISSIONERS FOLLOW THE STAFF'S RECOMMENDATIONS AND NOT GRANT THE VARIANCE TO LDC 25 DASH EIGHT DASH 2 61.

THE THOUSAND FOOT RULE IS A LITTLE BIT MORE THAN JUST ABOUT GASOLINE.

THAT'S THE DENSITY OF MAN THAT'S CLOSE TO A RAW WATER INTAKE AND EVERYTHING ASSOCIATED WITH MAN AND ITS POLLUTANTS.

THE VEHICLES THAT THEY USE TO GET MAYBE TO THE, UH, THE LAKE SIDE, THE, UH, LARGE TANKER TRUCKS THAT WE USE TO, UH, FUEL THE GASOLINE STORAGE TANKS, UH, ANYTHING SOMEBODY MIGHT THROW OFF THE BOAT.

UM, SO IT'S A LITTLE BIT MORE THAN JUST ABOUT GASOLINE CELLS, I THINK.

BUT SPEAKING JUST DIRECTLY TO THE VARIANCE IN THIS CASE, UM, I WOULD, UH, ALSO WOULD LIKE TO ASK, BECAUSE I HAVEN'T REVEALED, AND IT IS A STATE LAW, THAT THEY'RE SUPPOSED TO BE A SANITATION FACILITIES FOR MARINE INSTALLATION, THAT THERE'S NO BATHROOM BEING REVEALED.

SO IS THIS A SELF-SERVICE GASOLINE PUMP OR IS THIS, UH, SOMETHING'S GONNA BE MANNED BY A, A REGULAR ATTENDANT? AND, UH, WHERE DOES HE GO TO THE RESTROOM? WHERE DO THE PAINTERS GO TO THE RESTROOM? BUT I'D LIKE TO JUST CONCLUDE THIS, SAYING THAT I'M ON BEHALF OF OUR HOA.

I RESPECTFULLY ASK THE COMMISSIONERS FOLLOW STAFF RECOMMENDATIONS TO DENY THE, UH, VARIANCE REQUEST FOR GASOLINE SALES.

THANK YOU.

THANK YOU, SIR.

NEXT WE HAVE MORE ICE.

AND YOU HAVE SIX MINUTES.

UM, THANK YOU COMMISSIONERS.

MY NAME IS LAUREN ICE.

I'M ONE OF THE ATTORNEYS FOR TRAVIS COUNTY, W C I D NUMBER 20.

UM, UH, I'M WITH THE FIRM PARAS ALMOND AND ICE, AND I'M GONNA TALK JUST ABOUT THE ENVIRONMENTAL, UM, VARIANCES HERE.

BUT SEAN ABBOTT, WHO'S THE SORT OF UTILITY ATTORNEY, IS ALSO HERE AND AVAILABLE TO ANSWER ANY QUESTIONS.

UM, AS IS BRYCE KENNEDY, WHO'S THE, UM, DISTRICT'S ENGINEER.

I SENT A LETTER YESTERDAY, UM, OUTLINING I THINK IN DETAIL WHY THE DISTRICT IS OPPOSED TO BOTH OF THE VARIANCES THAT ARE BEING PROPOSED.

UM, BUT I WANNA FOCUS AND THERE'S, YOU KNOW, A LOT OF ISSUES, I THINK AS IN TERMS OF ENVIRONMENTAL CONCERNS THAT THIS RAISES.

BUT I WANNA REALLY FOCUS YOUR ATTENTION ON THE FINDINGS EFFECT THAT THE APPLICANT HAS THE BURDEN TO SHOW, UH, ARE MET IN ORDER TO BE ELIGIBLE FOR THESE VARIANCES.

IN OTHER WORDS, YOU HAVE TO FIND THAT ALL OF THE FINDINGS OF FACT HAVE BEEN MET BEFORE.

YOU HAVE THE DISCRETION TO GRANT EITHER VARIANCE.

AND EVEN IF YOU DO DETERMINE THAT THE FINDINGS OF FACTS HAVE BEEN MET, YOU STILL HAVE THE, THE, THE DISCRETION TO DENY THE VARIANCE.

BECAUSE LET'S REMEMBER, THEY'RE ASKING TO VARY FROM THE CODE THAT IS SUPPOSED TO APPLY TO ALL DEVELOPMENT THROUGHOUT THE CITY EQUALLY AND ONLY VARY IN CASE THERE IS A UNIQUE SITUATION THAT WOULD IN ENVIRONMENTAL SITUATIONS LIKE THIS GUARANTEE SOME KIND OF ENVIRONMENTAL BENEFIT.

AND THIS IS JUST NOT A UNIQUE SITUATION, SITU, SITU, UM, ESPECIALLY NOT FOR THE GAS LINE AND NOT REALLY FOR THE DREDGE EITHER BECAUSE, UM, AS THE SPEAKER BEFORE ME POINTED OUT, THERE'S REALLY NOT ENOUGH INFORMATION TO DETERMINE WHETHER OR NOT THEY ARE, UM, DEVELOPING AS A MARINA AND ARE SUBJECT TO THE CODE PROVISION THAT THEY, UM, ARE PROCESSING THIS APPLICATION UNDER.

SO I, I'LL START WITH THE SECOND VARIANCE FIRST BECAUSE IT DOES KIND OF GET TO SOME INITIAL CONCERNS THAT WE HAVE AS TO HOW THE STAFF IS PROCESSING, UM, THE, THE REQUEST.

AND SO THAT'S THE DREDGE VARIANCE.

UM, AS Y'ALL MAY HAVE SEEN IN THE LETTER, THE STAFF IS PROCESSING THE MOD THIS AS A MODIFICATION TO A, A NON-COMPLIANT STRUCTURE, WHICH AS, UM, THE PRIOR SPEAKER POINTED OUT MEANS THAT THERE'S NO SANITATION FACILITIES REQUIRED HERE, BUT THOSE WOULD BE REQUIRED IF THEY WERE DEVELOPING A MARINA.

AND THIS IS ZONED COMMERCIAL RECREATION.

AND SO IT IS A MARINA THAT THEY'RE ZONED, UM, HERE TO DEVELOP.

SO THE, UM, THE, THE, THE, THE SIMILARLY SITUATED PROPERTY WITH APPROXIMATELY CONTEMPORANEOUS DEVELOPMENT, UM, THAT IS, THAT WAS A DEVELOPMENT THE WEST HARBOR MARINA THAT

[00:45:01]

THEY USED AS AN EXAMPLE, THAT WAS A DEVELOPMENT THAT WAS, UM, ABLE TO TAKE ADVANTAGE OF THAT CODE PROVISION BECAUSE IT WAS A RESIDENTIAL, IT WAS, IT WAS A, UH, A USE ASSOCIATED WITH THE RESIDENTIAL USE.

THIS IS NOT A RESIDENTIAL USE.

SO IT DOES NOT FALL UNDER THAT MODIFICATION OF A NON-COMPLIANT STRUCTURE PROVISION THAT THE STAFF IS, THAT THEY'RE PROCESSING THE APPLICATION TO.

SO I WOULD SAY, UM, IT'S NOT COMPARABLE.

THEY'RE NOT MISSING OUT ON CODE THAT THAT WOULD, A CODE PROVISION THAT WOULD BE AVAILABLE IN A SIMILARLY SITUATED, UH, DEVELOPMENT BECAUSE THEY'RE NOT SIMILAR TO THAT DEVELOPMENT.

THIS IS A COMMERCIAL DEVELOPMENT THAT WE DON'T KNOW WHAT THEY'RE GONNA DEVELOP, UM, BEYOND JUST REPAIRING THE DOCKS.

SO IN THAT WAY, I WOULD SAY THAT THE, UM, THE VARIANCE REQUEST FOR THE DREDGE IS AT BEST PREMATURE, BUT IT DOES NOT MEET THE FINDINGS OF FACT BECAUSE IT CANNOT SATISFY THAT, THAT VERY FIRST FINDING.

AND A REMINDER, YOU HAVE TO FIND THAT THEY MEET ALL THREE, UM, FINDINGS OF FACT IN ORDER TO BE ELIGIBLE.

SO RIGHT OFF THE BAT, UM, I THINK THAT TICKS THAT ONE OFF.

THE OTHER THING I'LL POINT OUT AND THE FINDINGS OF FACT FOR THE DREDGE VARIANCE IS THAT ONE OF THE DOCKS THEY'RE PROPOSING IS TO LOCATE THE FUEL DISPENSER ON.

SO IF THEY DO NOT NEED THE FUEL DISPENSER, IF THEY DON'T GET THE, THE VARIANCE FOR THE FUEL DISPENSER, THEN THEY'RE BUILDING A DOCK FOR A FUEL DISPENSER THAT IS NOT NECESSARY.

AND THAT COULD MINIMIZE THE DREDGE.

AND SO WHEN YOU'RE LOOKING AT THE SECOND, UM, FINDINGS OF FACT THAT'S NECESSARY, WHETHER THE VARIANCE IS NECESSITATED BY THE SCALE OR THE LAYOUT OR THE CONSTRUCTION METHOD, UM, DESIGN DECISION MADE BY THE APPLICANT, THEY DON'T MEET THAT FINDING EITHER BECAUSE THAT PEER IS INTENDED TO HOUSE THE, UM, THE FUEL, UM, DISPENSER.

SAME FOR WHETHER THEY'VE, UH, THIS IS THE MINIMUM DEVIATION FROM THE CODE REQUIREMENT.

IT'S NOT THE MINIMUM DEVIATION IF THEY COULD DREDGE LESS BECAUSE THEY DON'T NEED THAT DOCK FOR THE FUEL DISPENSER.

UM, I ALSO WANNA ADDRESS, UM, A COUPLE OF THE POINTS THAT WERE BROUGHT UP BY THE APPLICANT, UM, SWITCHED TO THE, THE VARIANCE REQUEST FOR THE, THE GAS LINE ITSELF.

UM, I'LL JUST SAY IN TERMS OF THE PROXIMITY AND THE LETTER, UH, THE PROXIMITY TO THE, THE DISTRICT'S RAW WATER INTAKE AND THE LETTER THAT WAS MENTIONED FROM 2006, THIS IS NOT THE SAME LANDOWNER, UM, OR DEVELOPER THAT OWNED THE PROPERTY WHEN THE PIER WAS AN OPERATION BEFORE THEY CLOSED DOWN IN 2005.

WE ALL KNOW THE WAY LAND DEVELOPMENT REGULATIONS WORK, THE WAY THAT ENVIRONMENTAL REGULATIONS WORK IS IF THAT DEVELOPMENT, UM, CEASES, IF THAT PERMIT EXPIRES, THEY HAVE TO COME BACK FOR A NEW PERMIT.

THEY'RE SUBJECT TO NEW CODE REQUIREMENTS.

THAT IS HOW IT WORKS FOR EVERYBODY ELSE WHO DEVELOPS IN THE CITY.

SO THEY DON'T HAVE, THEY'RE NOT GRANDFATHERED INTO THE, INTO THE OLD CODE.

UM, SO THAT'S NOT UNIQUE EITHER.

AND AS I SAID BEFORE, THEY SAY THEY'RE DEVELOPING 16 DOCKS, BUT THEY OWN THE PROPERTY THAT'S DIRECTLY NORTH OF THIS PROPERTY AS WELL.

THEY OWN THE PROPERTY BEHIND THIS PROPERTY, SO WE DON'T KNOW IF THEY'RE GONNA BE DEVELOPING MORE DOCS.

UM, AND SO THE OPINION FROM 2006 JUST REALLY ISN'T RELEVANT TODAY BASED OFF THE VERY LITTLE INFORMATION WE HAVE ABOUT WHAT THEY'RE ULTIMATELY GONNA BE BUILDING ON THIS, UM, ON THE LAKE.

SO I DON'T THINK I NEED TO WALK THROUGH THE FINDINGS OF FACT WITH YOU REGARDING THE, THE, THE REQUEST FOR VARIANCE FROM THE CRITICAL WATER QUALITY ZONE.

UM, STAFF HAVE NOT FOUND THAT ANY OF THE FINDINGS OF FACT HAVE BEEN MET.

THE APPLICANT IS TRYING TO COMPARE THIS DEVELOPMENT WITH A DEVELOPMENT THAT WAS PERMITTED IN 1985, NEARLY 40 YEARS AGO.

UM, JUST BECAUSE THERE IS ONE, ONLY ONE, UM, GAS FACILITY ON THE LAKE, I DON'T THINK THAT SUPPORTS THE ARGUMENT THAT THIS SHOULD BE.

THE SECOND ONE.

THERE HAS BEEN, THE STAFF IS NOT PERMITTED, UM, ANOTHER GAS FACILITY ON THE LAKE IN NEARLY 40 YEARS.

AND IT WOULD SET VERY BAD PRECEDENT FOR THEM TO GRANT THE VARIANCE FOR THIS DEVELOPMENT NOW, UM, ESPECIALLY CONSIDERING THAT NONE OF THE OTHER FINDINGS FACT HAVE BEEN MET.

SO I'M AVAILABLE FOR ANY QUESTIONS AS ARE THE OTHER, UM, REPRESENTATIVES HERE FROM THE DISTRICT.

THANK YOU.

THANK YOU MA'AM.

AND WE HAVE, UH, SEAN ABBOT FOR, UH, YOU CAN USE YOUR MINUTES IF YOU'D LIKE TO OR IF, IF LAUREN, IF YOU'D LIKE TO MAKE MORE COMMENTS WITH HIS TIME, YOU'RE WELCOME TO.

YEAH.

OKAY.

THANK YOU.

THANK YOU.

IS THAT IT? MM-HMM.

.

OKAY.

THANK YOU ALL FOR COMING.

UM, THANK YOU STAFF.

THANK YOU APPLICANT FOR THE PRESENTATIONS.

UH, LET'S GO AROUND, UH, AND SEE IF ANY OF THE COMMISSIONERS HAVE ANY QUESTIONS, UM, FOR GOOD OR BAD.

PAM, I'M GONNA START WITH YOU AGAIN.

UH, THANK YOU.

UM, DO YOU HAVE ANY QUESTIONS FOR STAFF, THE APPLICANT? UM, YEAH, I HAVE A COUPLE OF QUESTIONS.

SOME OF THEM WERE ANSWERED, SO I APPRECIATE THE PRESENTATIONS.

THANK YOU.

AND THEN I WONDERED IS 22, I MEAN, WHAT KIND OF TRUCK WILL BE BRINGING THAT GAS? ARE THEY PROPOSING TO BRING THE GAS? IT HAS TO COME DOWN 2244, WHICH IS B CAVE AND THEN IT GOES IN THERE.

UM, THE THING THAT THE, THE PEOPLE SENT ME SAID IN SECTION 3.2, IT WAS AN UNPAVED DRIVEWAY TO

[00:50:01]

THE FUEL STATION ON LAKE AUSTIN, AND THAT WOULD BE THE FIRETRUCKS ROUTE IF THERE WERE AN INCIDENT.

I FIND THAT KIND OF AMAZING.

SO I GUESS I AGREE WITH LAUREN, UM, AND THE GENTLEMAN THAT SPOKE BEFORE THAT THEY'RE JUST REALLY, I MEAN THAT'S LIKE, I MEAN, WE, WE REALLY NEED SOMETHING A LITTLE MORE FUNDAMENTAL THAN THAT IN ORDER TO FEEL GOOD ABOUT THIS, I THINK.

AND I'LL, I'LL JUST LEAVE MY COMMENTS AT THAT AND, UM, MAYBE IF WE GO AROUND AND COME BACK, BECAUSE I DID HAVE A LOT OF QUESTIONS, BUT I AM ENJOYING OTHER PEOPLE'S INPUT AT THIS POINT.

ALL RIGHT.

I THINK WE'RE GONNA HAVE THE APPLICANT TRY TO GIVE YOU SOME, SOME ANSWERS ABOUT THE FUEL TANK.

THERE'S A FIRE LANE.

THE, IT, IT'S, THE SITE HAS CLEARED ALL FIRE DEPARTMENT REVIEW COMMENTS.

IT WAS COMPLETELY VETTED THROUGH THE FIRE DEPARTMENT, SO WE WOULDN'T HAVE HAD THE CHOICE TO HAVE AN, I MEAN, IT HAS TO BE A PAVE LANE TO THE REQUIREMENTS OF THE FIRE CODE AND TO THE LOCATION OF THE FUEL TANK.

COULD YOU, COULD YOU GIVE US A LITTLE MORE DETAILS ABOUT THAT? THERE'S A PAGE, PAGE 10 OF THE, OF THE, OF PAMELA'S POWERPOINT, BUT IF YOU WOULDN'T MIND, I DON'T KNOW.

ALL THE COMMISSIONERS ARE, ARE UP TO SPEED ON THAT.

OKAY.

CAUSE CAN WE GO BACK INTO MY POWERPOINT? I THINK IT'S ABOUT SLIDE THREE OR WE'LL JUST HAVE TO START CUZ THE PROPOSED, UM, CONDITIONS ARE IN, ARE IN THE POWERPOINT.

PERFECT, THANK YOU.

YEAH, THAT'S THE LAST ONE, I THINK THE LAST SLIDE.

AND IF YOU COULD BE SPECIFIC ON WHICH SOLID YOU'D LIKE ME, I THINK IT'S ABOUT SLIDE THREE.

OKAY, LET'S TRY THAT.

OKAY.

THERE, THAT'S THE PROPOSED CONDITIONS, THE PLAN SHEET.

OKAY.

SO MAYBE GO ONE FORWARD ONE MORE.

THAT'S IT.

WAS THAT, THERE YOU GO.

SO THE TANK IS, UH, UP THE HILL SO YOU CAN'T SEE IT ON THAT PLAN.

SO I MEAN, I'VE GOT THE PLANS WITH ME.

DO YOU, OR MAYBE JUST GO BACK TO, DO I HAVE AN EXISTING CONDITIONS PLAN SET SHEET IN THAT SET? IT'S UP THE HILL.

OKAY.

HAS TO BE OUT OF THE FLOOD PLAIN AND OUT OF THE CRITICAL WATER QUALITY ZONE.

RIGHT.

WELL HOPEFULLY THAT'LL ADDRESS, UH, COMMISSIONER THOMPSON'S QUESTION AND WE WILL COME BACK AROUND AND ASK CLARIFYING QUESTIONS AS NEEDED.

COMMISSIONER, UM, HERE YES, YES, PLEASE.

IF YOU WOULDN'T MIND, STATE YOUR NAME AGAIN PLEASE.

YES, LAUREN ICE COUNSEL FOR THE, UM, W C I D NUMBER 20.

AND THERE WAS IN THE PA I BELIEVE IN YOUR BACKUP, THE LETTER THAT I PROVIDED, THERE WAS A LETTER IS THAT WAS SUBMITTED BY THE DISTRICT.

IT WAS LAST MONTH.

IT WAS A QUESTION TO FIRE MARSHAL.

I DON'T KNOW IF FIRE MARSHAL OR STAFF OR SOMEBODY IS HERE TO SPEAK TO THIS, BUT IT'S OUR UNDERSTANDING THAT THAT COMMENT HAS NOT BEEN CLEARED.

AND SO I I AM, I I MAYBE I HAVE THE SAME QUESTION, UM, THAT PAMELA DOES, BUT THE DISTRICT'S POSITION AND THE DISTRICT'S UNDERSTANDING IS, IS THAT THERE IS NOT A LEGAL RIGHT TO USE THAT, UM, THAT, THAT THAT FIRE LANE THAT'S BEEN DESIGNATED, IT CROSSES THE DISTRICT'S PROPERTY SIGNIFICANT INFRASTRUCTURE THERE.

AND SO WE'VE BEEN TRYING TO GET THAT ANSWER AS TO WHETHER THE FIRE MARSHAL HAS REALLY SIGNED OFF ON THIS OR NOT.

BUT, UM, THAT'S, I THINK THAT'S STILL AN OPEN QUESTION.

ALL RIGHT.

THANK YOU.

THE FIRE COMMENTS HAVE BEEN CLEARED AND THEY WERE CLEARED INFORMALLY.

OKAY.

WELL WE'RE, WE'RE GONNA TRY TO STAY IN OUR LANE HERE.

UM, NO PUN INTENDED.

UM, LET'S GO AROUND THE HORN HERE.

UH, COMMISSIONER BRAMMER, DO YOU HAVE ANY QUESTIONS OR COMMENTS? UH, AS USUAL, I HAVE A FEW.

UH, I JUST WHAT QUESTION? UM, IF YOU WOULDN'T MIND, STAY THERE JUST IN CASE STAFF NEED TO GO.

UH, OKAY.

I'M GONNA START WITH THE, THE TANK UHHUH.

OKAY.

MY UNDERSTANDING IS YOU HAVE A TANK SPECIALIST HERE? YES.

UH, OKAY.

UH, AND DO YOU WANT TO TALK ABOUT THE SAFETY FEATURES? IS THAT WHERE YOU WELL, WE'RE GONNA GET TO ALL THAT, I SUPPOSE SOMEWHERE ALONG THE WAY.

UM, IS THERE A VAPOR RECOVERY SYSTEM ON THE, UH, ON THE TANK? BECAUSE WHEN YOU GO TO GAS STATIONS, THE STATE OF TEXAS, THERE'S NOT A VAPOR RECOVERY, UH, SYSTEM ON THERE.

ONE OF THE THINGS YOU ADDRESSED IN YOUR PRESENTATION WAS THE ESCAPE OF, UH, VAPOR

[00:55:01]

IN THE, UH, YOU KNOW, WHEN PEOPLE FILL THEIR, UH, YOU KNOW, GAS FROM TANKS FROM, UH, OKAY.

THERE IS, THERE IS VAPOR RECOVERY ON THE TANK.

SO IT'S GONNA BE VAPOR RECOVERY SYSTEM THAT'S SIMILAR TO WHAT YOU FIND IN OTHER PARTS OF THE COUNTRY, LIKE CALIFORNIA, FOR EXAMPLE, WHERE THEY, UH, SIPHON THE VAPOR OUT OF THE, UH, YOU KNOW, AS YOU FILL THE TANKS, YOU KNOW, THE GAS IN YOUR CAR.

THERE'S TWO TYPES, SORRY.

SO WE CAN GET EVERYTHING IN THE REMOTE COMMISSIONERS CAN HEAR.

YEAH, PLEASE.

INTO THE MIC.

THERE'S TWO TYPES OF VAPOR RECOVERY, STAGE ONE AND STAGE TWO, THE TANK ITSELF HAS STAGE ONE VAPOR RECOVERY.

THE STAGE TWO VAPOR RECOVERY WAS AN INTERIM TYPE METHOD ON LAND-BASED VEHICLES.

NO BOATS EVER HAD THE ABILITY TO, THAT I'M AWARE OF, TO DO STAGE TWO VAPOR RECOVERY SINCE I DON'T REMEMBER THE EXACT DATE, FIVE OR SO YEARS AGO.

THE INTERIM STAGE TWO VAPOR RECOVERY'S BEEN REPLACED ON LAND BASED VEHICLES WITH THE CARBON FILTERS.

AND SO IT NO LONGER EXISTS.

OKAY.

BUT THERE'S NOT GONNA BE A THING WHERE IT TRIES TO RECOVER THE VAPOR AS YOU GUESS AS YOU FILL THE, UH, TANKS OF THE BOAT AS THE OH, OKAY.

THE TANK ON THE BOAT, THERE WILL NOT BE THE TANK, THE STORAGE TANK THERE WILL BE.

OKAY.

SO IT DOESN'T SOUND LIKE THAT THERE'S GOING TO BE AN IMPROVEMENT IN VAPOR RECOVERY.

IF I'M FILLING MY, MY BOAT FROM A A FIVE GALLON GAS TANK, FOR EXAMPLE, AND VAPOR ESCAPES FROM THAT PROCESS MM-HMM.

, THERE'S NOT GONNA BE A RECOVERY OF VAPOR FROM ME FILLING IT FROM A HOSE FROM YOUR TANK SYSTEM FROM THAT.

SO THERE'S NOT GONNA BE A REDUCTION IN, IN VAPOR RECOVERY OR ESCAPING VAPORS FROM THAT METHOD, IS WHAT I HEAR YOU SAYING.

SIR, IF YOU WOULDN'T ALSO MIND, UH, STATING YOUR NAME JUST FOR THE RECORDS.

I'M SORRY.

RI RICHARD BARRY.

I'M THE ENGINEER THAT DESIGNED THE SYSTEM.

THANK YOU.

SO I GUESS THE ANSWER WOULD BE NO, BECAUSE THERE ARE NO BOATS WITH THE RECOVERY SYSTEM.

IT'S ONLY ON LAND-BASED VEHICLES.

OKAY? IT'S A CARBON CANISTER THAT WHEN YOU USED TO WALK BY AND YOU'D SEE VAPORS BOILING OUTTA YOUR CAR WHEN YOU WERE FILLING IT, THAT CANISTER STOPS THAT.

AND THAT'S WHAT STAGE TWO INTERIM METHODS STOPPED UNTIL THE CARBON CANISTERS CAME IN.

BUT AGAIN, THE TANK STILL HAS THE VAPOR RECOVERY.

NOW, ONE OF THE ADVANTAGES THAT, UH, OF HAVING, UH, YOU KNOW, THIS SYSTEM WAS THAT, UH, YOU KNOW, OF A, OF THIS SYSTEM WAS GONNA BE A MAN'S SYSTEM, UH, AS OPPOSED TO AN AMATEUR, WHICH WOULD BE ME FILLING MY BOAT.

UH, SO ARE THESE PEOPLE THAT ARE GONNA BE DOING THIS, ARE THEY GONNA HAVE PROFESSIONAL TRAINING AND CERTIFICATION? BY LAW? THEY HAVE TO, YES.

OKAY.

BY LAW, THEY'RE GONNA, AND HOW OFTEN ARE THEY GONNA BE RETRAINED ON THIS? I MEAN, FOR EXAMPLE, MANY PROFESSIONS REQUIRE THAT YOU HAVE, UH, YOU KNOW, GO TO CERTAIN TRAINING ON A PERIODIC BASIS IN ORDER TO STAY UP TO DATE AND BE EDUCATED ON THE, WHATEVER THE CURRENT PROCESSES ARE FOR THAT PROFESSION AND SO FORTH.

SO HOW OFTEN ARE THESE PEOPLE GOING TO BE TRAINED? UH, AND SO YOU'RE GONNA HAVE MORE THAN PROBABLY ONE PERSON THERE, SO YOU'RE GONNA HAVE TO TRAIN THE ENTIRE STAFF, YOU KNOW, THE PART-TIME PEOPLE AND THE FULL-TIME PEOPLE.

AND SO MY ASSUMPTION IS THAT, UH, THESE PEOPLE ARE GONNA HAVE TO HAVE A CERTIFICATIONS, THEY HAVE TO BE POSTED ON THE, YOU KNOW, I MEAN KINDA LIKE A DOCTOR OR SOMETHING LIKE THAT, RIGHT? WHERE YOU HAVE THE, THEIR CERTIFICATION POSTED TO SHOW THAT THEY'RE AUTHORIZED AND TRAINED AND ALL THAT SORT OF FUN STUFF, RIGHT? SO THERE'S AN A OPERATOR AND A B OPERATOR IS WHAT I THINK THEY CALL IT.

AND THERE'S, YOU DON'T HAVE TO BE TRAINED FOR C OKAY, I'LL TAKE THE WORD FOR IT.

OKAY.

WELL THAT'S WHAT I'VE READ ANYWAY.

READ.

I DIDN'T READ, THAT'S NOT A QUESTION I ANTICIPATED, SO I DIDN'T READ UP ON IT.

BUT THERE, THERE IS THE AB AND AS YOU SAY, C I THINK IT'S AN ANNUAL RETRAINING, BUT AGAIN, I DIDN'T READ UP ON IT.

I KNOW THEY DO HAVE TO BE RETRAINED PERIODICALLY.

PERIODICALLY.

AND WHO'S GONNA OVERSEE THE FACT THAT, UH, THESE PEOPLE ARE RET TRAINED ON, ON A REGULAR BASIS, THE TCQ DOES.

UH, AND EXACTLY HOW DOES THAT WORK? UH, AND I ASK BECAUSE WHEN I GO INTO MY GYM EVERY DAY, UH, THE LAST TIME THE ELEVATOR IN MY GYM WAS INSPECTED WAS IN, UH, DECEMBER OF 2020.

AND, UH, YOU KNOW, I DON'T KNOW, THE TCQ REALLY CARES ABOUT THE ELEVATORS IN MY GYM.

THAT'S TDLR.

IT'S A DIFFERENT, WELL, WHOEVER, WHOEVER IT IS.

THE POINT IS, YOU KNOW, THE STATE IS VERY, YOU KNOW, CONSCIOUS OF ALL THIS SORT OF STUFF, WHICH IS WHY MY ELEVATOR HADN'T

[01:00:01]

BEEN TESTED IN TWO YEARS.

SO, UH, WHO'S REALLY GOING TO MAKE SURE THESE PEOPLE ARE TRAINED ON A REGULAR BASIS ON THIS? THE ONLY ANSWER I HAVE IS THE TCQ.

OKAY.

CAUSE THEY'RE IN CHARGE.

UH, NOW, UH, THERE'S SUPPOSED TO BE ANNUAL AS WELL AS MONTHLY MAINTENANCE ON THIS, RIGHT? ON ON THESE TANKS, CORRECT? I WOULD SAY SO, YEAH.

OKAY.

SO, UH, PEOPLE WHO ARE INSTALLING THIS TANK, WHICH YOU'RE GONNA BE SUPERVISED, YOU, YOU DESIGNED THE, THE SYSTEM AND EVERYTHING TO ENSURE THAT THIS IS CORRECT, BUT THE OWNER OF THE THING IS GOING TO CONTRACT OUT THE, THE, THE MAINTENANCE, I WOULD ASSUME.

CORRECT.

SO, UH, THEY DON'T HAVE TO, THEY CAN, IT'S THEIR, THE INSTALLERS WILL HAVE TO BE LICENSED TO DO THE INSTALLATION PART.

ACTUALLY, THEY DON'T HAVE TO BE FOR THE ABOVE GROUND TANK, JUST THE UNDERGROUND PIPING.

BUT WITH RESPECT TO WHO DOES MAINTENANCE ON THE TANK, PERIODICALLY THE OWNER CAN DO THAT.

BUT IF THEY FIND AN ISSUE, THEY'LL NEED TO CALL SOMEONE THAT HAS A LICENSE.

BUT IF THEY'RE NOT TRAINED TO FIND, IF THEY DON'T KNOW WHAT AN ISSUE IS, THEN THEY DON'T KNOW.

I MEAN, THEY DON'T KNOW HOW TO FIND AN ISSUE.

I DON'T KNOW HOW TO FIND AN ISSUE.

IF I OWN THE PLACE, AND, YOU KNOW, I GO AROUND, I'LL SEE A LEAK AND I DON'T KNOW HOW TO DO PRESSURE TESTING ON THERE TO DETERMINE THAT YOU DON'T NEED TO HIT THE E-STOP AND YOU CALL A LICENSED PERSON.

RIGHT.

BUT THERE'S NO, I GUESS MY POINT IS THAT YOU HAVE UNTRAINED PEOPLE MAKING EVALUATIONS.

IS, IS KIND OF WHAT I'M GETTING AT.

WELL, I CAN TELL YOU WHEN I DO A SET OF DRAWINGS, THERE'S A TRAINING IN THE SPECS, THERE'S A TRAINING REQUIREMENT FOR THE OPERATORS, PLUS THE, I THINK THAT'S WHERE THE A, B AND C TRAINING FROM TCEQ COMES IN, IS TO KNOW WHEN TO LOOK FOR THINGS OF THAT NATURE.

RIGHT? BUT THE FOLLOW UP AFTER YOU, AFTER YOU INSTALL IT AND HAND THE KEYS OVER TO THE, UH, OWNERSHIP, THERE'S NO FOLLOW UP TO ENSURE THAT THEY ARE REGULARLY, YOU KNOW, THERE'S NO, THERE'S NO REAL FOLLOW UP ON THE WHOLE THING TO MAKE SURE THAT THEY'RE TRAINED TO UNDERSTAND THE PROCESS FOR A MONTHLY AND AN ANNUAL