* 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. [Call to Order] [00:00:04] IT'S THE CLOCK. SO I'M GONNA CALL TO ORDER THE ZONING AND PLATING COMMISSION. UM, IT IS TUESDAY, DECEMBER 19TH, AND WE ARE IN, NOT IN CITY COUNCIL CHAMBERS. WE'RE IN THE BOARDS AND COMMISSIONS ROOM. UM, I WILL START WITH A CALLING OF ORDER. UH, SCOTT BOONE. COMMISSIONER BOONE. I HAVE NOT SEEN HIM. COMMISSIONER FLORES? HERE. COMMISSIONER FLOYD? HERE. COMMISSIONER FS? HERE. COMMISSIONER GARRETT? HERE. VICE CHAIR GREENBERG. HERE. COMMISSIONER J UH, PARLIAMENTARIAN JOHNSON. I HAVE NOT SEEN HIM HERE. OH, HE IS HERE. OKAY. UM, I AM THE CHAIR. HANK SMITH. I'M PRESENT. COMMISSIONER STERN AND SECRETARY THOMPSON HERE. ALRIGHT. UM, PUBLIC COMMUNICATION. I DON'T BELIEVE WE HAVE ANY, SO I'M GONNA CALL THE CONSENT AGENDA [Consent Agenda] FIRST. DOES ANYBODY HAVE ANY QUESTIONS ABOUT THE APPROVAL OF THE DECEMBER 5TH MINUTES? IF NOT, WE WILL PUT THE DECEMBER 5TH MINUTES ITEM ONE ON THE CONSENT AGENDA. ITEM TWO IS A DISCUSSION ITEM. IT IS A REZONING C 14 20 23 DASH 0 0 4 9 BAL EAST PDA. UM, WE WILL TAKE THAT AS A DISCUSSION ITEM ALONG WITH ITEM THREE. THEY'LL PROTECT EM AT THE SAME TIME. ITEM THREE IS DISCUSSION ITEM C 14 20 23 DASH 0 0 5 A BOMB WEST PDA. ITEM FOUR IS A REZONING CASE ON CONSENT C 14 20 23 DASH 0 0 4 A AT 7,500 BURNETT ROAD. IT IS FROM CS TO C-S-M-U-V. WE DO, WE HAVE A SPEAKER FOR THAT ONE. UM, WE'RE ON CONSENT. I UNDERSTAND. IF YOU WANT TO GIVE US SOME INFORMATION REAL QUICKLY ON CONSENT AGENDA, WE'LL TRY TO KEEP IT ON CONSENT. I VERY GOOD THEN KEEP IT ON CONSENT. YOU, YOU CAN HAVE A SEAT AND, AND FILL US IN IF YOU WANT. YOU WANNA SAY OKAY. YOU WANNA SAY ANYTHING? WOULD YOU LIKE HIM TO SPEAK NOW? SURE. PERFECT. , SPEAK NOW. THAT'S RIGHT. ANYONE YOU WANT, JUST PUSH THE BUTTON UNTIL IT TURNS GREEN. FANTASTIC. YEP, YOU'RE GOOD. YOU'RE GOOD. ALRIGHT. ALL RIGHT. I'LL KEEP MY REMARKS SHORT AND SWEET. UM, IT'S GOOD TO BE HERE AGAIN. I'M NATALIE RESLEY AND ON BEHALF OF THE ALLENDALE NEIGHBORHOOD ASSOCIATION'S ZONING COMMITTEE, I'D LIKE TO SAY A FEW SUPPORTIVE WORDS REGARDING REZONING 7,500 BURNETT. BEFORE I SAY THAT, I WANT TO POINT OUT THAT, UH, WE AND ALLENDALE HAVE BEEN VERY FORTUNATE TO HAVE WORKED WITH SOME VERY, VERY GOOD APPLICANTS. AND THIS IS THE SECOND ONE WE'VE BEEN FORTUNATE TO WORK WITH. WE SUPPORT THIS REZONING TO C-S-M-U-V-C-O WITH THE CURRENT RESTRICTED USES SPECIFIED IN MS. ESTRADA'S STAFF RECOMMENDATION. BUT WE ARE ALSO CURRENTLY DISCUSSING A COUPLE OF ADDITIONAL RESTRICTED USES WITH MS. GLASGOW AND MR. CLARK. HOWEVER, WE DO NOT WISH TO DELAY MR. CLARK'S REZONING REQUEST AND WE LOOK FORWARD TO ADDITIONAL PRODUCTIVE DISCUSSIONS WITH THEM BEFORE THIS CASE IS HEARD. AT COUNCIL NEXT MONTH, WE ARE AT THIS WIN-WIN POINT FOR SEVERAL REASONS, INCLUDING THIS COMMISSION'S SUPPORT OF OUR POSTPONEMENT REQUEST BACK IN OCTOBER. THIS HAD SOME VERY BENEFICIAL CONSEQUENCES. WITH YOUR SUPPORT, WE COULD ORGANIZE NEIGHBORS TO MEET PRODUCTIVELY WITH MS. GLASGOW AND MR. CLARK. A WEEK LATER, WE WERE ABLE TO DISCUSS OUR CONCERNS WITH THIS DEVELOPMENT IN ORDER TO ENSURE THAT AFFORDABLE HOUSING WOULD BE PROVIDED NOT ONLY IN ALLENDALE IN GENERAL, BUT HOPEFULLY FOR THE FACULTY, STAFF, AND FAMILIES OF THE ROSEDALE SCHOOL IN PARTICULAR. AS YOU KNOW, THE ROSEDALE SCHOOL IS AD'S ONLY CAMPUS FOR MEDICALLY FRAGILE CHILDREN, AND IT PARTNERS WITH THE DELL CLINIC AND IS ONLY ONE FIFTH OF A MILE AWAY FROM THIS PROPOSED REZONING. WE WERE ALSO ABLE TO DISCUSS OUR CONCERNS ABOUT WATER RUNOFF AND FLOODING. SINCE ALLEN DALE'S UNIQUE TOPOGRAPHY MAKES US AUSTIN'S MOST FLOOD PRONE NEIGHBORHOOD. THESE PRODUCTIVE DISCUSSIONS CONTINUED THROUGH SEVERAL PHONE CALLS. WE ARE MOST GRATEFUL FOR MS. GLASGOW'S GENEROSITY OF TIME THROUGHOUT THIS REZONING PROCESS. MR. MS. MR. CLARK AND MS. GLASGOW QUICKLY EMBRACED OUR CIVIC VISION OF MUTUALLY BENEFICIAL REDEVELOPMENT. AND I REALLY WANT TO COMMEND BOTH MR. CLARK AND MS. GLASGOW. BOTH OF THEM TOOK EVEN GREATER INTEREST IN THE ROSEDALE SCHOOL. ALLENDALE NEIGHBORS, MR. CLARK, MR. WAYLON AND MS. GLASGOW MET WITH THE ROSEDALE SCHOOL'S ASSISTANT PRINCIPAL IN EARLY NOVEMBER TO FIND OUT MORE HOW TO SUPPORT ITS MISSION. MS. GLASGOW IN HER CAPACITY AS A BOARD MEMBER FOR ASCENSION SETON, TEXAS BOARD WAS QUICKLY ABLE TO SEE A POTENTIAL SOLUTION FOR THE WIDER [00:05:01] SOCIAL COMMUNITY PROBLEM OF ROSEDALE STUDENTS AGING OUT OF A ISD SUPPORT SYSTEM WHEN THEY GRADUATE. SHE HAS BROUGHT THIS TO THE ATTENTION OF STAKEHOLDERS AND STARTED CONVERSATIONS TO INNOVATIVELY ADDRESS THIS OVERLOOKED BUT INCREDIBLY IMPORTANT PROBLEM. THANK YOU MS. GLASGOW AND MR. CLARK FOR SHARING AND COLLABORATING WITH OUR CIVIC VISION FOR CURRENT AND NEW NEIGHBORS IN ALLENDALE. WE LOOK FORWARD TO CONTINUING OUR COLLABORATIVE DISCUSSIONS WITH MR. CLARK AND MS. GLASGOW NEXT MONTH. IN THE MEANTIME, HAPPY HOLIDAYS TO EVERYONE FROM ALLENDALE. THANK YOU. THANK YOU. OKAY, SO WE'LL KEEP ITEM FOUR ON CONSENT. UH, GOING TO ITEM FIVE, REZONING C 14 20 23 DASH 0 1 2 4 2 5 AT 1601 WEST 38. IT IS A CONSENT ITEM. IT IS A REZONING CASE FROM GR TO CS ONE CO ITEM SIX S SP 20 17 8 1 C TWO IS A SITE PLAN EXTENSION, A THREE YEAR EXTENSION FOR 24 21 SOUTH FIFTH STREET. ITEM SEVEN IS A DISCUSSION ITEM. SP 2022 DASH 0 5 5 8 D. BULL CREEK IS AT 90 18 AND A HALF OLD LAMB PASSES TRAIL. UH, AND IT IS SEVERAL VARIANCES FROM THE ENVIRONMENTAL CODE. THEY WERE RECOMMENDED, UH, BY ENVIRONMENTAL COMMISSION. AND AGAIN, THAT HAS BEEN PULLED FOR DISCUSSION ITEM ITEM EIGHT S SP 2 2 2 0 1 5 CI GLACIA PENTECOSTAL EMANUEL. IT IS A SITE PLAN VARIANCE AGAIN APPROVED BY ENVIRONMENTAL COMMISSION. UM, IT WAS A DRIVEWAY PORTION IN THE CRITICAL WATER QUALITY ZONE. AND I'M GONNA BACK UP REAL QUICKLY ON ITEMS [Items 2 & 3] TWO AND THREE. IS IT MY UNDERSTANDING THAT THERE IS CONSENT NOW WITH THE NEIGHBORHOOD? YES. IS THERE ANYBODY HERE TO SPEAK IN OPPOSITION TO THAT PROJECT? IS THERE NOBODY TO SPEAK IN OPPOSITION? WE WOULD LIKE TO SPEAK, BUT NOW IN SUPPORT. OKAY. UM, HAVE HIM SPEAK NOW. YOU WANNA SPEAK NOW? KINDA LIKE WE DID DID ON ITEM FOUR. DO YOU HAVE ONE PERSON THAT CAN KIND OF SUMMARIZE WHERE WE'RE AT? ITEM TWO, THREE. WANT ME WEST OF ALL MEET? IS THAT WHAT YES. YES, I WE'RE. IF WE CAN KEEP 'EM ON THE CONSENT AGENDA, WE WILL. BUT IF YOU WANT TO HAVE SOMETHING TO SAY TO SUPPORT, THEN THAT WOULD BE GREAT. UM, MIKE, I COULD SPEAK. WE HAVE SEVERAL SPEAKERS. UM, IF WE HAVE SEVERAL SPEAKERS, I'D RATHER KEEP IT ON THE DISCUSSION ITEM AS OPPOSED TO PUTTING IT ON CONSENT. OKAY. BUT EVERYBODY'S IN FAVOR AT THIS POINT IN TIME, SO THAT'S A GOOD THING. UM, DOES THAT SOUND CHAIR, COMMISSIONER, LIAISON EVER, UH, MIGHT YOU CONSIDER HEARING FROM THE, UM, THOSE IN FAVOR FOR LIMITED TWO MINUTES EACH AT THIS TIME? DOES THAT WORK? HOW MANY PEOPLE DO YOU HAVE THAT WANNA SPEAK IN FAVOR? 1, 2, 2 MINUTES. WORK THREE, TWO MINUTES. WORK FOR EACH OF YOU. THREE MINUTES. I PROBABLY GOT I CAN DO ONE IF SHE GETS SCREWED. LET'S GO FOR IT. . GO FOR IT. Y'ALL. THREE COME UP AND HAVE A SEAT UP HERE AND WE WILL RUN THROUGH THESE ITEMS AND TRY TO KEEP US ON CONSENT. AGENDA. , YOU WANNA GO FIRST? SURE. THE MIC. UH, JUST PUSH THE BUTTON TIL IT TURNS GREEN ON THE FRONT. GO AHEAD. WE'RE READY. GO FOR IT. GOOD. HI, I'M LEE EDWARDS. I'M A MEMBER OF THE SOUTHEAST COLORADO RIVER NEIGHBORHOOD ASSOCIATION, AND WE WERE IN OPPOSITION UNTIL ABOUT 11 MINUTES AGO, WHEN WE REACHED AGREEMENT IN PRINCIPLE IN THIS ROOM. UH, SO WE'RE VERY INTERESTED IN THAT, GETTING THAT CODIFIED, PINNED DOWN, RUSTED TO THE GROUND. OKAY. UH, I'LL JUST MENTION SUPER BRIEFLY, A COUPLE KEY PIECES ARE WE'RE, UH, WE'VE AGREED ON A 250 FOOT SETBACK FROM THE RIVER TO PROTECT THE RIVER BANK. AND, UH, THERE WAS A OUTDOOR MUSIC VENUE, UH, PROPOSED. AND AFTER MANY DISCUSSIONS OF BRINGING STUSS TO THE EAST SIDE AND SHOOTING MUSIC UP AND DOWN, IT HAS NOW AGREED THAT THE MUSIC VENUES WILL BE ANCILLARY TO, UH, RESTAURANTS AND SUCH SMALLER VENUES. LESS, UH, RISK OF OKAY. ZZ TOP EXPLODING EVERYWHERE. AND, UH, YOU KNOW, I THINK I CAN JUST, UH, BE QUIET AT THIS POINT. OKAY. OKAY. AND, UH, SO THANK YOU COMMISSIONERS FOR ALLOWING US TO SPEAK. UM, AGAIN, IT WAS VERY MUCH LAST MINUTE THAT WE CAME TO THE AGREEMENT AND WE'VE HAD A LOT OF DISCUSSION WITH THE DEVELOPERS AND WE'RE REALLY GLAD THAT THIS CAME THROUGH. UM, I LIVE ON HER GOTS LANE AS WELL. MY NAME'S JULIA MCFE. I AM WITH THE SOUTHEAST, SOUTHEAST COLORADO RIVER NEIGHBORHOOD ASSOCIATION. BUT OUR REAL MAIN CONCERN IS PROTECTING THE COLORADO RIVER AND ITS BANKS AND, UH, I MEAN, IT'S A DEFINING ELEMENT OF ONE OF THE, OF, OF [00:10:01] AUSTIN. SO WE WANT TO PROTECT IT AND WE'RE REALLY GLAD THE DEVELOPERS ARE WILLING TO PROTECT IT. UM, WE'RE NOT AGAINST DEVELOPMENT, BUT WE THINK IT SHOULD BE DONE RIGHT. THIS AREA IS NOT AN INDUSTRIAL WASTELAND. IT'S FULL OF BIOLOGICAL DIVERSITY. WE NEED TO PROTECT BIRD MIGRATION AND WILDLIFE. AND, UH, WE UNDERSTAND THAT THERE'S GONNA BE THINGS DONE TO DO THAT. UM, WE DO KNOW THAT ROY WANTS TO DO, BUILD AN UNPRECEDENTED HEIGHT OF 180 FEET TALL BUILDINGS, WHICH IS GONNA TOTALLY CHANGE THE CHARACTER OF OUR NEIGHBORHOOD, BUT WE'RE WILLING TO, UM, ACCEPT THAT WITH THIS SETBACK OF 250 FEET. UM, SO WE'RE NOT AGAINST DEVELOPMENT. WE WANT IT DONE RIGHT. UM, THERE'S THREE NEIGHBORHOODS IN THIS AREA THAT THE, THE SITE IS SURROUNDED BY. SO, YOU KNOW, PEOPLE DO LIVE THERE. UM, IT'S GONNA BE A MASSIVE INCREASE IN IMPERVIOUS COVER AND DENSITY. SO, YOU KNOW, WE'RE VERY CONCERNED ABOUT IT. THE, YOU MENTIONED THE NOISE POLLUTION AND, UH, WE'RE VERY PLEASED THAT WE MANAGED TO COME TO AN AGREEMENT WITH THE DEVELOPERS. GOOD. I HAVE A, I SENT A PRESENTATION OF THREE SLIDES. DO YOU HAVE IT? ITS MEDIA HAVE THAT YOUR NAME, BROWN, KATIE BROWN. AND IT'S REALLY MEANT TO CONTEXTUALIZE WHAT THE PREVIOUS CHIEF SPEAKERS SAY. PERFECT. SO, AND I'LL BE BRIEF. SO MY NAME IS DR. CATHERINE BROWN. UM, I HAVE BEEN IN AUSTIN SINCE 1966. I WAS RAISED IN EAST AUSTIN, AND MY FAMILY HAS OWNED THE PROPERTY AT ERGOTS FOR NEARLY 30 YEARS WITH THREE DIFFERENT GENERATIONS RESIDING IN IT. THE VIEW YOU SEE IS FROM THE RIVER AT THE BOTTOM OF MY PROPERTY ACROSS FROM WHERE THE DEVELOPMENT WOULD BE. JUST TO CONTEXTUALIZE, BECAUSE NOT TO GIVE THE IMPRESSION THAT THIS IS A BLIGHT. IT'S, AND WHAT WE WANT TO PRESERVE IS THOSE VIEWS. NEXT SLIDE, PLEASE. UM, I WILL SAY THAT I, MY EXPERTISE IS IN, UM, ACTUALLY INFECTIOUS DISEASES AND HABITAT MODELING AND FLOOD ZONES FOR INFECTIOUS DISEASES. I POINT OUT A FEW THINGS THAT YOU CAN READ SEPARATELY, BUT WHAT WE WANT IS THIS DEVELOPMENT TO ALIGN WITH, UM, WITH, WITH, UH, FOR EXAMPLE, ISSUES ALREADY POINTED OUT WITHIN THE CITY, INCLUDING THE OFFICE OF SUSTAINABILITY, WHERE WE WANT TO MAINTAIN NATURAL AREAS. AND THERE'S ALSO A BENEFIT BOTH FOR ALL ECOSYSTEMS THERE, AS WELL AS MAINTAIN MAINTENANCE OF THE, UM, ECHO DIVERSITY ON THERE, WHICH IS VERY IMPORTANT AS THE EGRESS OF OTHER, OTHER WILDLIFE AS WELL AS MOSQUITOES MOVE ALONG. AND SO MAINTAINING WHAT WE WOULD CALL A GREEN BORDER ALONG THE RIVER IS ABSOLUTELY ESSENTIAL. NEXT SLIDE, PLEASE. WHAT WOULD IT TAKE? I, I BELIEVE THAT AS THIS DEVELOPMENT IS, UM, COMES TO FRUITION, WE DO NEED TO LOOK AT THE IMPACT ON THE RIVER AND THE SURROUNDING ECOSYSTEM. WHY? BECAUSE MAINTAINING ECOLOGICAL DIVERSITY FOR LONG-TERM CLIMATE RESILIENCE, QUALITY OF LIFE FOR ALL OF THOSE LIVING NEAR THE RIVER IMPROVES NATURAL CONTROL MECHANISMS FOR MOSQUITO CONTROL. AND I SHOULD ADD, WE'RE NOT JUST TALKING ABOUT WEST NILE VIRUS. THE SAME MOSQUITOES CARRY YELLOW FEVER. THEY CARRY DENGUE, THEY CARRY CHICKEN GYA AND THEY'RE MOVING UP THROUGH CENTRAL TEXAS. NOW, IT'S ALSO IMPORTANT TO UNDERSTAND THAT IMPACT STANDS BEYOND THE FOOTPRINT OF THE DEVELOPMENT. IT'S NOT JUST THE BUILDING, BUT WE NEED TO THINK ABOUT THE DENSITY OF THE POPULATION. RIVER ACCESS, IMPERVIOUS COVER, LAND MANAGEMENT. ALL THESE THINGS CAN BE DONE IN TERMS OF PRESERVING THE ECOSYSTEM, THE WATER QUALITY THERE, AND FLOOD MANAGEMENT FOR ALL WHO RESIDE IN BOTH SIDES OF THE RIVER. FINALLY, THE BENEFITS, ASIDE FROM DISEASE MITIGATION AND CLIMATE RESILIENCE, IS REALLY MAINTAINING AND IMPROVING A DESIRABLE QUALITY OF LIFE FOR THOSE WHO LIVE THERE. THOSE WHO WILL LIVE THERE IN THE FUTURE. AND THAT INCLUDES ALL LIVING THINGS. SO O COULD LEAD AWAY IN, IN THIS DEVELOPMENT BY SETTING A STANDARD FOR ECOLOGICALLY CONSCIOUS DEVELOPMENT. OKAY. THANK, THANK Y'ALL VERY MUCH. THANK YOU FOR YOUR TIME. I'M GLAD Y'ALL COULD WORK EVERYTHING OUT WITH THE DEVELOPER. ALL RIGHT. WITH THAT WE'LL KEEP ITEMS TWO C 14 20 23 DASH 0 0 4 9 BAL EAST PDA AND ITEM THREE C 14 20 23 5 BOMB WEST PDA ON THE CONSENT AGENDA FOR APPROVAL QUESTIONS. WELL, SHOULD WE ADD THE ON ADAMS TWO AND THREE, WE'RE GONNA ADD THE 250 FOOT SETBACK. SETBACK AND THE, UH, MUSIC VENUES WILL BE ANCILLARY TO THE RESTAURANTS. THANK YOU. THOSE WILL BE INCLUDED IN THE, IN OUR MOTION. ANY QUESTIONS? DO I HEAR A MOTION? MOTION? DO I HEAR A SECOND HAND? A SECOND CHAIR COMMISSION. LADIES ON ANDREW VEL. ALSO CLOSE THE PUBLIC HEARING PLEASE. I THINK A MOTION TO CLOSE THE PUBLIC HEARING IS INCLUDED IN THAT, I'M ASSUMING IN YOUR MOTION. CORRECT. IT WAS IT. LEAVE MY MIND . ALL THOSE IN FAVOR SAY [00:15:01] AYE. AYE. ALL THOSE OPPOSED? AYE. IT'S UNANIMOUS. THANK Y'ALL VERY MUCH. I KNOW THIS HAS BEEN GOING ON FOR A LONG TIME AND I'M GLAD EVERYTHING COULD BE WORKED OUT. WE APPRECIATE EVERYTHING. ALRIGHT, UM, MOVING ON TO ITEM SEVEN, OUR [7. Variance: SP-2022-0558D - Bull Creek - Old Lampasas # 3 Dam Modernization / District 6 & ETJ] DISCUSSION ITEM SP 2022 DASH 0 5 58 D BULL CREEK OLDLAND PASSES NUMBER THREE, DAM MODERNIZATION. UH, AGAIN, IT IS A VARIANCE TO THE LAND DEVELOPMENT CODE TO ALLOW CONSTRUCTION IN THE CRITICAL WATER QUALITY ZONE ALLOW CUT AND FILL UP TO 10 FEET AND ALLOW, CUT UP TO 10 FEET AND FILL UP TO NINE FEET AND ALLOW A DRIVEWAY FOR CONSTRUCTION ON SLOPES. MY UNDERSTANDING IS THIS PROJECT'S BEEN AROUND FOR A WHILE, UH, BUT I WILL LET STAFF KIND OF FILL US IN ON WHAT'S GOING ON. YES. UH, WOULD YOU HERE FOR A PRESENTATION OR JUST GO STRAIGHT TO Q AND A? UH, GIVE US A BRIEF PRESENTATION ON KIND OF THE HIT BACK HISTORY AND THEN WE'LL GO TO Q AND A. I CAN DO THAT. THANK YOU. UH, THE PROJECTS CASE OLD LAND PASSES NUMBER THREE, DAM MODERNIZATION. I CAN'T HEAR YOU. YOU'RE GOOD. THE PROJECT IS OLD LAND PASSES NUMBER THREE, DAM MODERNIZATION, 90 18 AND A HALF OLD LAND PASSES TRAIL. SP 20 22 0 5 5 8 D. MY NAME IS MIKE MCDOUGALL, ENVIRONMENTAL POLICY PROGRAM MANAGER, DEVELOPMENT SERVICES DEPARTMENT. THANK YOU. UH, AND THE PROJECT IS LOCATED OFF OF SPICEWOOD SPRINGS, UH, JUST A LITTLE BIT, UH, WEST OF 180 3. THANKS. AND THE PRO. OH, THANK YOU. THE, UH, PROJECT'S LOCATED IN THE BULL CREEK WATERSHED, WHICH IS CLASSIFIED AS A WATER SUPPLY SUBURBAN WATERSHED. IT'S IN THE DRINKING WATER PROTECTION ZONE. IT'S NOT LOCATED OVER THE EDWARDS AQUIFER RECHARGE ZONE. IT'S IN DISTRICT SIX AND THE ETJ. AND IN SUMMARY, THE EXISTING DAM WAS BUILT IN THE EARLY 1980S AND THE DAM WAS CLASSIFIED BY THE TCQ AS INTERMEDIATE AND, UH, AND INTERMEDIATE SIZED AND HIGH HAZARD DUE TO THE DOWNSTREAM INFRASTRUCTURE. THE DAM WAS DAMAGED DURING TROPICAL STORM HERMINE IN SEPTEMBER OF 2010. AND REPAIRS ARE NECESSARY, UH, TO CONTINUE WITH THE SYNOPSIS. UH, THE EXISTING 16 INCH CORRUGATED METAL PIPE PRINCIPLE SPILLWAY HAS FAILED AND WATER'S CURRENTLY PASSING BENEATH THE PIPE UNDER THE PIPE. THE PROPOSED IMPROVEMENTS, THE OLDLAND PASSES NUMBER THREE DAM ARE INTENDED TO IMPROVE THE LULL OF SAFETY OF THE DAM TO BOTH THE PUBLIC AND TO THE ENVIRONMENT, AND TO MITIGATE POTENTIAL FUTURE IMPACTS. THE DAM IMPROVEMENTS ARE REQUIRED BY BOTH THE CITY AND THE TCEQ TO COMPLY WITH CITY AND STATE DAM SAFETY CRITERIA. AND SO THE PROPOSED IMPROVEMENTS INCLUDE REMOVAL OF EXISTING TREASON BOULDERS ALONG THE DAM FOOTPRINT, REPLACEMENT OF EXISTING 16 INCH DIAMETER CURATED METAL PIPE PRINCIPLE SPILLWAY WITH A NEW 42 INCH DIAMETER REINFORCED CONCRETE PIPE PRINCIPLE, SPILLWAY AND CRADLE. IT'S A LOT OF WORDS, TAKING THE OLD SPILLWAY OUT, PUTTING A NEW ONE IN INSTALLATION OF A NEW INTAKE STRUCTURE AND LOW FLOW RISER UPSTREAM OF THE DAM TO CONTROL THE WATER LEVEL WITHIN THE POND AND PROVIDE EXTENDED ATTENTION FOR WATER QUALITY BENEFITS. THAT IS MORE WATER WOULD BE, UH, STATIONARY AND, AND, UH, UPSTREAM OF THE DAM. AND THAT PROVIDES SOME WATER QUALITY BENEFITS. IF THE WATER'S HELD HELD IN PLACE, SEDIMENT WOULD DROP TO THE BOTTOM REPLACEMENT OF THE EXISTING WASTEWATER LINE, UH, THROUGH THE EMBANKMENT OF THE DAM WITH A NEW LINE PARALLEL TO THE 42 INCH RCP. UH, MORE IMPROVEMENTS, REMOVAL OF THE EXISTING WASTEWATER LINE UPSTREAM IN THE CENTER LINE OF THE DAM GRADING AND RESURFACING OF THE UPSTREAM AND DOWNSTREAM AND MAINTENANCE SLIP, PROVIDE INCREASED STABILITY RAISING THE TOP OF THE DAM AND AUXILIARY SPILLWAY ELEVATION TO MEET CITY AND STATE DAM SAFETY CRITERIA. INSTALLATION OF A NEW AUXILIARY SPILLWAY, INSTALLATION OF A NEW CONCRETE HEAD WALL FOR THE PRINCIPAL SPILLWAY AND DOWNSTREAM ARMORING OF THE EXISTING PLUNGE POOL. INSTALLATION OF A NEW PERMANENT MAINTENANCE DRIVE TO ALLOW THE WATERSHED PROTECTION DEPARTMENT FIELD OPERATIONS TO ACCESS AND MAINTAIN THE STRUCTURE AND INSTALLATION OF A NEW FLOOD EARLY WARNING SYSTEM. AND SO THIS IS JUST A, UM, AN IMAGE SHOWING THE LOCATION OF THE CRITICAL WATER QUALITY ZONE AND THE WATER QUALITY TRANSITION ZONE. THIS IS INTENDED TO SHOW HOW MUCH OF THE WORK IS IN THE CRITICAL WATER QUALITY ZONE AND THE WATER QUALITY TRANSITION ZONE. AND ALSO TO SHOW THAT, UH, THERE IS CUT FROM FOUR TO EIGHT FEET AND ALSO CUT OVER EIGHT FEET. AND THE RELEVANCE OF THAT IS THAT TYPICALLY CONSTRUCTION IN THE CRITICAL WATER QUALITY ZONE IS VERY LIMITED. UM, AND GRADING IS USUALLY LIMITED TO FOUR FEET, SOMETIMES EIGHT FEET. BUT IN THIS WATERSHED, GENERALLY FOUR FEET. SO, UM, THE LIGHTER PINK IS FOUR TO EIGHT. THE, UH, THE DARKER HOTTER PINK IS CUT OVER EIGHT FEET. THERE'S ALSO FILL REQUIRED, UH, AGAIN, THE CRITICAL AND TRANSITION ZONES ARE SHOWN, UM, FILL FROM FOUR TO EIGHT AND FILL OVER EIGHT FEET. AND, UM, THE GREEN IS ALSO SHOWING WHERE THE DRIVE WOULD BE CONSTRUCTED SO THAT FIELD CREWS CAN ACCESS IT DAM MORE EASILY. UM, THE DRIVEWAY WOULD BE ON SLOPED OVER 15%. THE LAND DEVELOPMENT CODE LIMITS CONSTRUCTION ON SLOPES OVER 15%. TYPICALLY, DRIVEWAYS ARE NOT ALLOWED ON SLOPES OVER 15%. THERE ARE A FEW EXCEPTIONS. THIS SITE DOES NOT MEET THOSE EXCEPTIONS. SO THIS IS THE DAM FROM ABOVE. UM, SO AS YOU CAN IMAGINE, ACCESS FOR A MAINTENANCES IS VERY, VERY CHALLENGING. UH, THIS IS THE SPILLWAY, THE UPSTREAM VIEW. UH, THIS IS THE FAILED SPILLWAY PIPE. [00:20:01] THIS IS THE DOWNSTREAM VIEW OF THE SPILLWAY. UM, THE PIPE HAS FAILED. THERE'S SUBSTANTIAL EROSION. UM, THAT PIPE SHOULD BE BURIED. IN FACT, THAT CONCRETE WALL SHOULD BE LAYING AGAINST DIRT. UM, IT SHOULDN'T JUST BE FREESTANDING. UM, SO THERE'S THE EMBANKMENT THAT'S SUBSTANTIALLY WASHED OUT. UH, EMBANKMENT WASH OUT AGAIN WITH A PERSON FOR SCALE, UH, DOWNSTREAM OF THE DAM. AGAIN, SUBSTANTIAL EROSION. UH, THERE ARE VOIDS. THE GULLY SHOULD BE THE DAM EMBANKMENT THAT SHOULDN'T BE A GULLY, UH, BEGINNING OF A CREEK THERE. UH, THE DOWNSTREAM DAM, AGAIN, SUBSTANTIAL EROSION VOIDS AGAIN. SO THERE'S THAT GULLY YET AGAIN. UH, THERE'S A TREE GROWING IN THE DAM THAT'S, UH, NOT STRUCTURALLY SOUND TO HAVE A TREE IN THE DAM. AND SO THE VARIANCE REQUESTS TO, TO DO THE REPAIRS. A VARIANCE TO LAND DEVELOPMENT CODE 25 8 2 61 TO ALLOW CONSTRUCTION IN THE CRITICAL WATER QUALITY ZONE AS NECESSARY. A VARIANCE TO LDC 25 8 3 41 TO ALLOW CUT UP TO 10 FEET AS NECESSARY. A VARIANCE TO LDC 25 8 3 42 TO ALLOW FILL UP TO NINE FEET AS NECESSARY. AND A VARIANCE TO LDT 25 8 3 0 1 TO ALLOW THE DRIVEWAY ON SLOPES OVER 15% AS NECESSARY. SO TO SUMMARIZE, UM, A VARIANCE FOR CONSTRUCTION IN THE CRITICAL VARIANCE FOR CUT OVER FOUR FEET, UP TO 10 VARIANCE FOR FILL OVER FOUR FEET, UP TO NINE FEET, AND A VARIANCE TO PUT THE DRIVEWAY ON STEEP SLOPES. AND SO STAFF RECOMMENDS THE VARIANCES HAVING DETERMINED THAT THE FINDINGS OF FACT HAVE BEEN MET. AND STAFF ALSO RECOMMENDS THE FOLLOWING VARIANCE CONDITIONS, 6 0 9 S NATIVE SEEDING AND PLANTING, WHICH IS A RIPARIAN PLANTING APPROPRIATE NEAR WATERWAYS 6 0 9 S NATIVE SEEDING AND PLANTING, EXCEPT FOR PROHIBITED DUE TO DAM SAFETY REQUIREMENTS. AND I MENTIONED THAT BECAUSE 6 0 9 S DOES ALSO INCLUDE THE PLANTING OF WOODY PLANTS, UM, TREES, SHRUBS, THINGS LIKE THAT. SOME OF THOSE WE DON'T WANT IN THE DAM. THE ROOFS WOULD CAUSE STRUCTURAL ISSUES. AND THEN SO, UM, THE EV COMMISSION, UH, MOTION, UM, HAS ALSO VOTED TO, UH, UH, APPROVE THE, THE VARIANCE. AND SO THEY, UH, APPROVED STAFF'S CONDITIONS. AND THEN THEY ALSO SAID THE WATERSHED PROTECTION DEPARTMENT SHOULD WORK WITH STAFF, UH, SUBJECT, SUBJECT MATTER EXPERTS TO IMPLEMENT, UH, A HERBICIDE APPLICATION. UH, TO, EXCUSE ME, MY GLASSES AREN'T THAT GOOD, I APOLOGIZE. NO WORRIES. UH, THE WATERSHED, THE WATERSHED PROTECTION DEPARTMENT, WORKS WITH THEIR STAFF SUBJECT MATTER EXPERTS TO IMPLEMENT AN HERBICIDE APPLICATION USE THAT MINIMIZES THE POTENTIAL IMPACT OF THE JOLLYVILLE PLATEAU SALAMANDERS. SO THE IDEA IS HERBICIDE WOULD BE NECESSARY TO KEEP, UH, PLANTS FROM GROWING ON THE DAM. THEY'RE UNDESIRABLE, BUT WE'D ALSO WANT TO WORK WITH THE, THE APPROPRIATE STAFF TO MINIMIZE IMPACTS TO THE, UH, THE VILLE SALAMANDER. UM, AND THE COMMISSION VOTED EIGHT TO ZERO IN SUPPORT OF THE VARIANCE. OKAY. AND WITH THAT, I'M HAPPY TO ANSWER QUESTIONS OR TURN IT OVER TO THE APPLICANT'S OR DO WE WANT TO HAVE QUESTIONS FIRST OR CHAIR WILL NOT HEAR FROM THE APPLICANT FOR SIX MINUTES. OKAY. THIS ONE, RIGHT? YES, THIS ONE. OKAY. DO YOU HAVE A YES. THANK YOU. SO GOOD EVENING EVERYONE. COMMISSIONERS, THANK YOU FOR YOUR TIME TONIGHT. UM, I WANT TO START REALLY QUICKLY, HOW DO YOU MOVE THIS FORWARD? OH, YOU GOOD? OKAY. SO A QUICK INTRODUCTION OF OUR PROJECT TEAM. SO WE HAVE A PROJECT CONSULTANT, KIM PATEK FROM RIZ NICHOLS. TONIGHT, OUR PROJECT MANAGER, MENES ARMO HENRY PRICE FROM WATERSHED PROTECTION DEPARTMENT. AND MY NAME IS ME LANCASTER. I'M THE PROJECT SPONSOR FOR THE ONE PASSES DAM. SO, BRIEF PROJECT HISTORY, THE DAM WAS BUILT IN 1984 ANNEXES PARKLAND IN 1997. AND IN SEPTEMBER OF 2010, THE TROPICAL STORM HERMAN HIT AUSTIN, MORE SPECIFICALLY, BULL CREEK WATERSHED WITH, UH, ALMOST 11 INCHES THAT HAPPENED IN 24 HOURS. AND FOR CONTEXT, YOU NEED 12 INCHES. IN 24 HOURS, YOU HAVE A HUNDRED YEAR STORM. SO BULL CREEK PRETTY MUCH HAD A HUNDRED YEAR STORM. UM, THERE IT DAMAGED THE SERVICE SPILLWAY AS YOU SAW IN THE PHOTOS THE EMBANKMENT AS WELL. SO THE PROJECT STARTED IN THE SUMMER OF 2011. IN 2013, WE STARTED THE PRELIMINARY ENGINEERING REPORT, WHICH IS KIND OF THE ANALYSIS TO FIND SOLUTION ON HOW TO MODERNIZE THEIR DAM. UH, JOLLYVILLE PLATEAU SALAMANDER WERE DISCOVERED IN THE AREA. SO THE PROJECT, UH, KIND OF HALTED. WE HAD TO DO SOME, UH, COORDINATION WITH PART THE US ARMY CORPS OF ENGINEER, AS WELL AS THE US FISH AND WILDLIFE SERVICES. THE PROJECT RESTARTED IN THE SPRING OF 2018 AND ENTERED [00:25:01] A DESIGN PHASE. UH, THEN IN THE FALL OF 2022, WE SUBMITTED FOR A SITE PERMIT. AND NOW WE'RE ANTICIPATING, UH, THE CONSTRUCTION TO START IN THE FALL OF 2024 AND TO LAST APPROXIMATELY 18 MONTHS, MORE SPECIFICALLY WHERE WE ARE RIGHT NOW. LIKE I SAID, THE PERMITTING PHASE, WE, UH, OBTAIN OUR PERMITTING OR FEDERAL PERMITS IN EARLY 2022. UH, WE SUBMITTED FOR A FIRST ROUND OF, UH, SITE PERMIT. AND IN FALL OF 2022, WE RESITING HERE AT THE END OF THE WEEK. UH, WE'RE GONNA GO IN, UH, IN OUR BID PHASE IN EARLY 2024. AND AGAIN, WE'RE HOPING TO START OUR CONSTRUCTION IN SEPTEMBER OF 2024. AFTER THE GOLDEN SHEIK WOBBLER NESTING SEASON IS OVER. OKAY, AGAIN, THE REASON WHY WE ARE HERE TODAY, UH, TCEQ HAS A DAM SAFETY PROGRAM. IT'S A DAM THAT MONITORS AND REGULATES BOTH PRIVATE AND PUBLIC DAMS. THEY DO, UM, PERIODIC INSPECTIONS FOR HIGH HAZARD AND SIGNIFICANT HAZARD DAMS. AND THE LAST TCEQ INSPECTION THAT WERE DONE ON THE DAM, THE DAM WAS FOUND IN POOR CONDITION, SEVERE DETERIORATION ON THE SPILLWAY, HOLES ON THE SLOPE, OVERGROWN, UH, VEGETATION ON THE EMBANKMENT. AND CURRENTLY THE DAM DOES NOT PASS SAFE. 75% OF THE PROBABLE MAXIMUM FLOOD, WHICH IS YOUR WORST CASE IN A SIENNA SCENARIO FLOOD. SORRY. AND THAT'S ONE OF THE CRITERIA OF THE DAM SAFETY PROGRAM. HERE IS THE INUNDATION MAP. IF THE DAMS WERE TO FAIL DOWNSTREAM OF IT, WE HAVE OVER 30 HABITABLE STRUCTURES AT RISK. WE HAVE TWO MAIN ROADS OF, UH, OUR RISK OF FLOODING, INCLUDING SPICEWOOD SPRINGS ROAD, WHICH IS A MAIN COLLECTOR ROAD. ACCORDING TO TEXT DOTS. THERE ARE ALSO SIX LOW WATER CROSSINGS DOWNSTREAM OF SPICEWOOD SPRINGING ROADS. AND THE PEN ELLIS ELECTRIC SUBSTATION IS RIGHT ACROSS THE DAM AND AT RISK OF FLOODING AND IMPACT, IF THE DAM WERE TO FAIL, THAT'S OKAY. SO OVERALL, WE ARE HERE TO ADDRESS THE SEVERE DETERIORATION OF THE OIL AND PASSES DAM TO MEET BOTH CITY AND STATE SAFETY CRITERIA. UH, THIS PROJECT, AGAIN, WILL ADD ADDITIONAL WATER QUALITY AND ENHANCE ANY THREATS AND ENDANGERED SPECIES HABITATS. SO, UM, OUR TEAM AND MYSELF ARE HERE FOR ANY QUESTIONS IF YOU HAVE. OKAY. THANK YOU. ANDREW. DO WE WANT TO HEAR THE OPPOSITION? THEY HAVE SIX MINUTES. CHAIR. COMMISSIONER LAVAR? YES. WE'LL NOW HEAR FROM MS. SHARON BLYTHE FOR SIX MINUTES. OKAY. THANK YOU SHARON. I'M SHARON BLYTHE. I'M THE PRESIDENT OF THE MOUNTAIN NEIGHBOR ASSOCIATION RIGHT ABOVE THIS PROJECT. UH, I LIVED OUT THERE FOR 33 YEARS, BUILT MY HOME. IT DOESN'T APPEAR TO ME THAT THE DAM IS HOLDING ANY WATER BACK. AND, UH, THEY, THERE'S A BIG PROBLEM HERE WITH THEM INCREASING THE IMPERVIOUS COVER IN THE VALLEY WITH ALL THEIR ROADS AND WALKING TRAILS. LOOKS LIKE CEMENT, CEMENT WALKING TRAILS FOR PEOPLE. IT WILL ONLY ENCOURAGE MORE ENCROACHMENT INTO OUR AREA OUT THERE. UH, BUT MOST, MOST IMPORTANTLY, UH, THIS IS PARKLAND. IT WAS DEDICATED TO PARKLAND IN 1997. I WAS ACTUALLY AT THAT CITY COUNCIL MEETING WHERE THEY DEDICATED AT PARKLAND WHEN WE ARE ANNEXED BY THE CITY OF AUSTIN. UM, ALL PARKLAND USAGE SUCH AS THIS REQUIRES A CHAPTER 26 HEARING BEFORE YOU CAN MOVE AHEAD AND, AND APPROVE ANY KIND OF PROJECT LIKE THIS. I HAVE. AND OUR NEIGHBORHOOD HAS BEEN VERY LAX. THEY'VE, THE WATERSHED HAS BEEN VERY LAX IN NOTIFYING OUR NEIGHBORHOOD OF ANYTHING THAT'S GOING ON OUT THERE. WE HAVE BEEN KIND OF IN THE DARK. AND, UH, THEN JUST TWO WEEKS AGO I WAS INFORMED OF THESE STAGING AREAS. THERE, THERE AGAIN, THEY'RE GONNA USE PART OUR PARKLAND, ANOTHER PARKLAND FOR THEIR STAGING AREA. AND THERE AGAIN, THAT REQUIRES A SEC OF CHAPTER 26 HEARING, WHICH HAS NOT BEEN NO, UH, NOTIFIED OR, OR NOTICED OR ANYTHING ELSE. UH, WE'RE VERY CONCERNED ABOUT THE TRAFFIC THAT THIS IS GOING TO CAUSE WHEN WITHIN THE NEIGHBORHOOD WITH ALL THESE TRUCKS ON THAT VERY, VERY NARROW ROAD, THERE'S A LOT OF TRAFFIC DURING RUSH HOURS, PARTICULARLY OUT THERE. IT'S GONNA BE A DANGEROUS SITUATION FOR THE PEDESTRIANS AS WELL AS THE, THE, THE, UH, VEHICLES. SO I WOULD REQUEST THAT WE POSTPONE THIS DECISION TONIGHT AND SET THIS FOR SECTION, UH, CHAPTER 26, HEARING AS AS REQUIRED BY STATE LAW. AND, UM, I APPRECIATE YOUR CONCERN WITH, UH, YOUR CONSIDERATION OF THAT. I WAS THERE WHEN HURRICANE HERME CAME. I MEAN, TROPICAL SCHOOL STORM HERME CAME THROUGH THAT, THAT, THAT VALLEY WAS NOT THE PROBLEM. THE PROBLEM WAS THE WATER LIFT STATION THAT WAS OVER ON, ON SPICEWOOD SPRINGS ROAD, IN, IN, UH, IN, UH, SCOTLAND WALL DRIVE. UH, YOU MIGHT'VE SEEN SEWER SHOOTING UP IN THE AIR A HUNDRED FEET INTO THE BULL CREEK. AND, UM, THEY'RE NOT ADDRESSING THAT ISSUE. IT'S BEEN A MESS THAT WA THAT THAT, UM, [00:30:01] THAT, UH, LIFT STATION HAS BEEN A MESS FOR YEARS. AND THEY DON'T, CAN'T SEEM TO GET IT FIXED. SO I THINK THAT'S REALLY SOMETHING THEY NEED TO CONSIDER TOO. UM, BUT OUR NEIGHBORHOOD'S VERY CONCERNED ABOUT THIS PROJECT TAKING AWAY OUR TREES DOWN IN THE VALLEY THAT'S GONNA CAUSE MORE, MORE RUNOFF, MORE IMPERVIOUS, YOU KNOW, UH, FLOODING WITHOUT, WITHOUT THE VEGETATION DOWN THERE. AND IT LOOKS LIKE THEY'RE JUST GONNA SCRAPE THE WHOLE FLOOR OF THE VALLEY, DO ALL THESE VARIANCES FOR A REASON. THE CITY HAD THOSE, THOSE, THOSE REGULATIONS IN PLACE AND NOW THEY'RE TRYING TO DO IT WITH WAY WITH ALL THOSE, THOSE VARIANCES. SO I'D APPRECIATE YOUR CONSIDERATION OF A POSTPONEMENT TONIGHT TO, UH, REALLY DISCUSS THIS AND, UH, BRING THE NEIGHBORHOOD INTO THE DISCUSSIONS, WHICH WOULD BE APPROPRIATE. THANK YOU VERY MUCH. OKAY. ANYBODY ELSE TO SPEAK? DO I HEAR A MOTION TO CLOSE THE PUBLIC HEARING? I OPPOSED, I HEAR A SECOND MOTION AND SECOND TO CLOSE THE PUBLIC HEARING. ALL THOSE IN FAVOR SAY AYE. AYE. AND IT'S UNANIMOUS. OKAY. UH, ANY OPPOSED? NO. OKAY. UM, I SAW EVERYBODY'S HAND RAISED UP. OKAY. UH, SO THE PUBLIC HEARING IS CLOSED. QUESTIONS FOR STAFF FIRST. I'VE GOT SOME AS WELL. GO AHEAD. HAS THERE BEEN A CHAPTER 26 HEARING? YEAH. THANK YOU COMMISSIONERS. UM, SO, UH, TODAY WE'RE COMING TO ASK FOR THE, UH, APPROVAL OF THE VARIANCES. OUR NEXT STEP IS WE DO HAVE A, UH, A, A DATE SET WITH THE PARKS DEPARTMENT TO HAVE THAT CHAPTER 26 HEARING, AND THEN WE WILL DISCUSS THOSE ITEMS WITH THE PUBLIC AT THAT TIME AND FORMALLY REQUEST THE USE OF PARKLAND FOR OUR PROJECT AT THAT TIME. OKAY. WE'RE LOOKING AT THE END OF JANUARY FOR THAT MEETING TO INTERVIEW NOW. OKAY. AND IS IT NORMAL TO APPROVE THE VARIANCES BEFORE THAT HEARING? UH, SO THE USE OF PARKLAND, THE ENTIRE PROJECT AREA IS ON PARKLAND. HOWEVER, IT'S IN A EXISTING DRAINAGE UTILITY EASEMENT. SO THAT DOES ALLOW US TO CONSTRUCT THE PROJECT WITHIN PARKLAND. IT GIVES THE CITY THAT ENTITLEMENT THERE TO ALLOW US TO DO THE WORK THAT WE NEED TO. UM, IT, IT KIND OF HAS THAT RESTRICTION ON THE PROPERTY ALREADY WITH THE PARKLAND. ADDITIONALLY, WE ARE WORKING WITH PARK, UH, PARK STAFF TO UTILIZE ANOTHER SITE, UH, REALLY ADJACENT TO THE PROPERTY. UM, IT'S KIND OF, IF YOU'RE LOOKING AT THE AREA, THERE'S A TRIANGLE PROPERTY THAT PART OWNS RIGHT ON OLD SPICEWOOD SPRINGS ROAD AND, AND OLD LAND PASSES RIGHT THERE. UM, AND WE ARE WORKING WITH THE PARK DEPARTMENT SO WE CAN MINIMIZE THE TIMELINE FOR CONSTRUCTION ON THE OVERALL PROJECT AND GET, YOU KNOW, THE BIGGER PARK FACILITY BACK UP AND RUNNING SOONER AND FASTER AND MINIMIZING THE IMPACTS TO THE AREA WHILE WE DO IT. OKAY. AND SPEAKING OF TIMELINE, SO THE STORM WAS IN 2010. WHY DOES IT TAKE SO LONG TO, SO YOU KNOW THAT THAT IS A REALLY LONG TIME, RIGHT? YOU KNOW, YOU WERE LOOKING AT 13 YEARS SEEMS LIKE IF IT WAS A REAL NEED, IT WOULDN'T JUST WAIT 13 YEARS OR 14. SO, SO IT WAS A PRESSING ISSUE AND WE HAVE BEEN WORKING ON IT DILIGENTLY AS A DEPARTMENT SINCE THEN. HOWEVER, SOME OF THE OBSTACLES THAT WE'VE RUN INTO INCLUDING LIKE, UH, MARIE REFERENCED, UH, THE JOLLYVILLE SALAMANDERS AND THE GOLDEN SEEK WARBLERS, THERE'S ADDITIONAL FEDERAL PERMITTING THAT, YOU KNOW, REALLY, UH, RESTRICTED OUR ABILITY TO MOVE FORWARD WITH ADDRESSING THE ISSUES. HOWEVER, WE HAVE HAD STAFF, YOU KNOW, CONTINUOUSLY GO OUT AND MONITOR THE SITUATION. UM, HOWEVER, IT'S JUST KIND OF REALLY THE RIGHT FLOOD COMES AND, UM, THE EXISTING DAMAGE TO THE DAM ALREADY, UH, WOULD EXACERBATE THAT ISSUE. AND, AND THAT'S WHAT WE'RE REALLY WORRIED ABOUT. SO YES, IT HAS TAKEN US A LONG TIME TO, TO GET THERE, BUT THERE HAVE BEEN UNFORESEEN CIRCUMSTANCES AND ISSUES THAT WE FOUND WHILE WE'VE BEEN TRYING TO ADDRESS, UH, THE DAMAGES AT THE DAM. THANK YOU. OKAY. AND Y'ALL MENTIONED THIS IS A HIGH HAZARD DAM, SO IF IT DOES FAIL, THERE'S COULD BE POTENTIAL FOR SIGNIFICANT YES. LOSS OF, YEAH, I THINK DOWNSTREAM WE HAVE THAT, YEAH, THAT, THAT SLIDE UP. THERE'S A NEIGHBORHOOD DIRECTLY DOWNSTREAM OF THERE BELOW. IN ADDITION, UM, THERE'S A ELECTRIC SUBSTATION THAT POWERS OKAY. THE AREA THAT WOULD BE AT RISK, UM, WHEN THE DAM FAILED. OKAY. I'M, I'M NOT INCLINED TO POSTPONE ANYTHING, BUT I DO WANT TO ENCOURAGE OR NOT, Y'ALL HAVE TO HAVE THE CHAPTER 26 HEARING, OBVIOUSLY. AND DURING THAT TIME, ADDRESS SOME OF THE CONCERNS THAT HAVE BEEN EXPRESSED ABOUT ACCESS AND THE, THE WASTEWATER LINE. I KNOW YOU'RE RELOCATING A WASTEWATER LINE, SO I DON'T KNOW IF THAT WILL RELIEVE THE SITUATION OR NOT, BUT CERTAINLY LOOK AT THE ITEMS THAT HAVE BEEN BROUGHT UP HERE. MM-HMM. , ANY OTHER QUESTIONS? DO I HEAR A MOTION? [00:35:01] UM, I DO HAVE A QUESTION SO WE CAN GO BACK. GO FOR IT. UM, SO WHAT KIND OF INVOLVEMENT HAS THERE BEEN WITH THE, WITH THE NEIGHBORHOOD? IS THERE ANYTHING ELSE THAT COULD HAVE BEEN DONE OR ANYTHING ELSE PLANNED TO BE DISCUSSED WITH THE NEIGHBORHOOD? SURE. WE HAD A PUBLIC MEETING IN MARCH OF 2023 TO, UH, LET THE PUBLIC COME IN THE AREA ABOUT THE, ABOUT THE DAM. ALSO IN SEPTEMBER OF 2023, WE MET WITH THE NEIGHBORHOOD ASSOCIATION AND TALKED ABOUT THEM. ALSO. THIS MONTH WE SENT OUT, UH, A NEWSLETTER TO THE DISTRICT SIX AND 10 TO ANNOUNCE THE STAGING AREAS OF THE AREA AS WELL AS POSTING ON FACEBOOK AND ANY SOCIAL MEDIA. AND WE'RE TRYING TO STAY IN TOUCH WITH THE PUBLIC AS MUCH AS POSSIBLE. UM, YEAH, AND THERE'S BEEN OTHER PUBLIC MEETINGS IN THE PAST AS WELL. I DON'T KNOW WHO NEIGHBORHOOD ASSOCIATE HAD A MEETING WITH, BUT IT WASN'T WITH OURS. BULL CREEK WE'RE ONE BULL CREEK. BULL CREEK RANCH. BULL CREEK RANCH. THAT'S, THAT'S THEIR THANK YOU. IMMEDIATELY DOWNGRADING THE ONE ON THE DOWNSTREAM END OF IT. SO THEY'RE THE MOST EFFECTIVE IF THE DAM WERE TO FAIL. OKAY. THANK YOU. AND MORE PUBLIC MEETING WILL BE HAPPENING. WE'LL CONTINUE TO STAY IN TOUCH WITH THE PUBLIC AS WELL. OKAY. OTHER QUESTIONS? I'M LOOKING ON THE TV AS WELL. UM, THERE A MOTION. ANYBODY, IF WE DON'T GET A MOTION, THEN WE'LL POSTPONE. IS IT GET, I DON'T KNOW IF IT GETS POSTPONED WITHOUT A MOTION CHAIR. COMMISSIONER LAYS ON VER SO, UM, THE QUESTION BEFORE YOU IS AS POSTED ON THE AGENDA. RIGHT. SO I GUESS YOU COULD START THERE. UM, SO THE MOTION WOULD BE TO APPROVE STAFF, STAFF FOR RECOMMENDATION FOR THE VARIANCES TO VARY THE LAND DEVELOPMENT CODE 25 8 2 61 TO ALLOW CONSTRUCTION, THE CRITICAL WATER QUALITY ZONE 25 8 3 41 TO ALLOW CUT OF THE 10 FEET, 25 8 3 42 TO ALLOW PHILLIP TO NINE FEET AND 25 8 3 0 1 TO ALLOW DRIVEWAY CONSTRUCTION ON SLOPES OVER THE OVER 15%. SO THAT'S THE VARIANCES THAT ARE BEING REQUESTED AT THIS POINT IN TIME. UM, SO I'M, I'M SURE, YES, MR. JOHNSON. UM, I, I DID HAVE, BEFORE A MOTION IS MADE, I DID HAVE, UH, ONE MORE QUESTION FROM STAFF OKAY. OR FOR STAFF, IF THAT'S OKAY. SURE. GO FOR IT. UM, YEAH, I JUST WANTED TO CLARIFY SORT OF TWO THINGS ABOUT, UH, THE EXISTING PARKLAND. UM, IT LOOKS LIKE THERE'S A SORT OF UNPAVED TRAIL NETWORK THROUGH THIS PARK. UM, AND SO I WANTED TO UNDERSTAND, UH, YOU KNOW, I HEARD ONE PERSON MENTION THAT THERE IS A PROPOSAL TO PAVE SOME OF THESE TRAILS. WHAT EXACTLY IS GOING TO BE THE IMPACT ON THE ACTUAL USE OF THE PARKLAND DURING CONSTRUCTION AND THEN AFTER CONSTRUCTION OF THE IMPROVEMENTS OR REPAIRS TO THE DAM? UM, IN TERMS OF THE EXISTING TRAIL AND OTHER PARK FEATURES. SO, SO THERE WILL BE, UH, ONE PART OF THE TRAIL CURRENTLY GOES OVER THE CREST OF THE EXISTING DAM. AND AS WE'RE DOING THAT WORK, THAT TRAIL WOULD BE CLOSED. UM, OTHER PARTS OF THE TRAIL WILL, WILL HAVE TEMPORARY CONNECTIONS THAT WILL STILL ALLOW INDIVIDUALS TO USE THE TRAIL SYSTEM. AND IN THE AREA AROUND THE, THE DAM. HOWEVER, THERE'LL BE SOME AREAS THAT ARE CLOSED. PART OF THE PROJECT WILL BE TO REPLACE THOSE TRAILS. SOME OF THEM ARE GONNA BE A LITTLE BIT MORE HARDENED TRAILS, UH, LIKE WE TALKED ABOUT, UH, CONCRETE SURFACES THAT WILL ALLOW OUR MAINTENANCE, UH, VEHICLES AND TRUCKS TO EASILY SERVICE THE DAM. UM, AND THAT THOSE WILL ALSO BE KIND OF MULTI-USE AFTERWARDS, UM, FOR RESIDENTS TO, TO USE THAT TRAIL SYSTEM. UM, IT'LL BE AKIN TO A SIDEWALK. IN ADDITION, WE'VE GOTTEN SOME FEEDBACK FROM SOME RESIDENTS THAT, UM, THEY'D LIKE US TO KIND OF NOT HAVE A SMOOTH CONCRETE SERVICE. UH, PART OF THE SPILLWAY LOOKS LIKE A A HALF PIPE FOR SKATEBOARDERS AND THINGS LIKE THAT. SO WE'VE WORKED WITH THE NEIGHBORHOOD TO KIND OF PUT A, A, A FINISH ON THE CONCRETE THAT'S NOT AS SMOOTH AS NORMAL CONCRETE TO KIND OF DISCOURAGE, HELP PREVENT THAT ACTIVITY FROM HAPPENING THERE. SO, UM, HOPEFULLY THAT ANSWERS YOUR QUESTION, COMMISSIONER. SOME OF THE TRAILS WILL BE CLOSED DURING CONSTRUCTION, HOWEVER, UH, THE MAJORITY OF THE TRAILS IN THE AREA WILL BE OPEN AND CONNECTED AND, AND, AND USERS WILL BE ABLE TO USE THEM. AND THEN AFTER WE FINISH CONSTRUCTION, UM, THE TRAILS WILL BE SLIGHTLY DIFFERENT. HOWEVER, OVERALL WE'RE PLANNING TO MAINTAIN THE CURRENT TRAIL CONNECTIVITY. OKAY. AND THIS DID GO BEFORE THE ENVIRONMENTAL COMMISSION AND WAS APPROVED WITH, UM, RECOMMENDATIONS. SO ANY RECOMMENDATIONS WE HAVE WOULD BE INCLUDED IN THE MOTION AS WELL. SO YEAH, I APPROVE THE, UH, MOTION TO APPROVE INCIDENT. OKAY. AND WITH THE ENVIRONMENTAL COMMISSION? WITH THE ENVIRONMENTAL COMMISSION. OKAY. I HAVE A MOTION TO APPROVE. DO I HEAR A SECOND? UH, COMMISSIONER SMITH? WE REPEAT THAT? YES. I, I JUST HAD ANOTHER QUESTION FOR STAFF BEFORE. GO AHEAD. WE MOVE FORWARD. SURE. UM, I'M, IT, SO APOLOGIZE IF I'M MISSING SOME OF THE DETAILS, BUT IT SOUNDS LIKE ONE OF THE KEY NEIGHBORHOODS WAS NOT ENGAGED THAT [00:40:01] YOU ONLY ONE OF THE ADJACENT NEIGHBORHOODS WAS TARGETED FOR ENGAGEMENT. IS THAT CORRECT? YES. SO, SO TYPICALLY WHEN WE DO ENGAGEMENT, WE DO TRY TO IDENTIFY ALL THE STAKEHOLDERS IN THE NEIGHBORHOODS, UH, SURROUNDING IT. UM, UM, AND THEN WE SEND OUT NOTIFICATIONS BASED ON THE LIMITS OF CONSTRUCTION, UH, YOU KNOW, CERTAIN FEET AWAY. UM, SO THERE UPSTREAM OF THE DAM, IT IS, YOU KNOW, OUTSIDE OF THAT TYPICAL ZONE OF INFLUENCE AND NOTIFICATIONS. SO, UH, WERE WE ABLE TO, BUT IT DID, I GUESS THAT IT SOUNDED LIKE FROM THE, THE, UH, PUBLIC COMMENT THAT THE DAM HAS NOT BEEN FUNCTIONING AND SO A FUNCTIONING DAM WOULD CERTAINLY A, A CHANGE THE EXPERIENCE OF, UH, RESIDENTS UPSTREAM. CORRECT. YEAH. AND I THINK IT IS IMPORTANT TO ADDRESS THAT. WE TALKED ABOUT THE DAM NOT HOLDING WATER. IT IS A DRY DETENTION BASIN THAT FILLS UP DURING RAINSTORM EVENTS TO ALLOW THE RUNOFF FROM THE NEIGHBORHOOD TO NOT IMPACT DOWNSTREAM RESIDENTS. SO TYPICALLY, UM, IT WOULD BE A, A DOWNSTREAM PROBLEM IS TYPICALLY WHAT WE LOOK AT WITH DETENTION FACILITIES IS HOW IT IMPACTS PEOPLE DOWNSTREAM. UM, SO TO ANSWER YOUR QUESTION, UM, BLANKLY WE DID NOT HAVE, YOU KNOW, OUTREACH TO THE NEIGHBORHOOD, UH, WITH THE CITIZEN THAT HAD, UH, THE CONFERENCE TONIGHT. OKAY. BUT MY UNDERSTANDING IS, GO AHEAD. YEAH. IS THERE AN OPPORTUNITY FOR THAT, I GUESS WOULD BE THE QUESTION, SORT OF RECOGNIZING THAT THAT MIGHT HAVE BEEN AN OVERSIGHT? THAT WOULD BE THE CHAPTER 26 HEARING. SO, SO WE HAVE THE CHAPTER 26 HEARING, AND THEN ALSO THE, THE, THE FOCUS OF THE, THE PROGRAM IS TO ADDRESS A LIFE AND SAFETY ISSUE THAT WE HAVE WITH OUR DEPARTMENT TO BE ABLE TO, YOU KNOW, FIX INFRASTRUCTURE THAT WE HAVE THAT'S, UH, YOU KNOW, DEFICIENT AND IN BAD CONDITION RIGHT NOW. UM, WE ARE, WELL, I I'M CERTAINLY NOT CHALLENGING YOUR RIGHT OR RESPONSIBILITY TO THAT, BUT JUST TO ASK IF YOU COULD, UM, RECOGNIZE THAT THERE ARE OTHER PEOPLE IMPACTED AND, AND PROVIDE THEM AN OPPORTUNITY TO ENGAGE AROUND THE PROJECT. AND, AND I THINK DURING THE CHAPTER 26 PROCESS, WHILE WE'RE GONNA ASK THE PARKS DEPARTMENT, UM, TO, YOU KNOW, HAVE THAT PUBLIC FORUM TO DISCUSS THE USE OF PARKLAND, UH, IT FEELS LIKE AN APPROPRIATE OPPORTUNITY FOR US TO HAVE THAT CONVERSATION WITH THE COMMUNITIES SURROUNDING THE DAM AND TO, TO, YOU KNOW, GET THEIR INPUT AND FEEDBACK AND SEE WHAT, UH, WE CAN INCORPORATE, UH, INTO, UM, OUR PROJECT. UM, COMMISSIONER THAT, THAT FEELS LIKE AN APPROPRIATE TIME TO DO THAT AND WE'RE WILLING TO DO THAT. RIGHT. OKAY. AND A HIGH HAZARD DAM MEANS A FAILURE HAS IMPACT NOT ONLY THE PROPERTY BUT THE HUMAN LIFE DOWNSTREAM AS WELL. SO I THINK WE HAD, I'M PROPOSING NO DAM UNDERSTAND, UN UNDERSTAND. I JUST WANT EVERYBODY TO UNDERSTAND WHAT A HIGH HAZARD DAM IS. UM, AND SO THIS IS A HIGH HAZARD DAM BY DEFINITION. SO THE, THE POTENTIAL IMPACT DOWNSTREAM IS QUITE SERIOUS. UM, AND AGAIN, I WOULDN'T WANT TO HOLD UP ANYTHING MOVING FORWARD, BUT I DO WANT THE OPPORTUNITY FOR THE NEIGHBORHOODS TO HAVE THEIR INPUT. AND I THINK THE CHAPTER 26 HEARING IS THAT OPPORTUNITY. I, I CONCUR WITH YOU. I THINK OKAY. IMPORTANT TO MOVE THIS UP TO RIGHT. KEEP IT, KEEP IT MOVING FORWARD. THEY DIDN'T EVEN LET US KNOW THAT THEY WERE GONNA USE A TRIANGLE. I, I'LL JUST SAY I DON'T KNOW ENOUGH ABOUT CHAPTER 26 TO COMMENT ON THAT. SO I, I'LL PROBABLY, I'M GONNA ABSTAIN ON THIS ONE, BUT I OKAY. BUT I APPRECIATE THAT INFORMATION. THANKS. BUT THEY NEVER LET US KNOW THAT THEY WERE GONNA USE THE, UH, TRIANGLE OF THE STAGING AREA, WHICH IS ALSO PARTLY IN, AND, UH, OUR NEIGHBORHOOD WENT, THE PUBLIC HEARINGS CLOSED AT THIS POINT. I UNDERSTAND RISK HORRIFIC WATER TREATMENT PLAN. UNDERSTAND. BUT THE PUBLIC RIGHT THERE ON THAT VERY SAME PROPERTY, MA'AM, THE PUBLIC HEARING'S CLOSED, SO WE CAN'T HAVE ANY MORE INPUT. WE'RE GONNA HAVE A CHAPTER 26 HEARING. WE'LL HAVE INPUT WITH THE PARKS DEPARTMENT ABOUT WHAT'S GOING ON WITH, WITH THEIR SYSTEM. SO WE HAVE A MOTION AND A SECOND. UM, ALL THOSE IN FAVOR SAY AYE. RAISE YOUR, WHAT IS THE MOTION? THE MOTION IS TO APPROVE STAFF RECOMMENDATION ALONG WITH INCLUDING THE ENVIRONMENTAL COMMISSION RECOMMENDATIONS AS WELL. AND TO REQUIRE THE CHAPTER 26 HEARING, WHICH IS ALREADY BEING SCHEDULED. THANK YOU. CORRECT? YES. OKAY. ALL THOSE IN FAVOR SAY AYE. AYE. WE HAVE 1, 2, 3, 4, 5, 6, ALL THOSE OPPOSED AND ABSTAINING. WE HAVE TWO. SO SIX IN FAVOR NO AGAINST. AND TWO ABSTAINING. SO THE MOTION PASSES. EXCUSE ME. EITHER FOUR. OKAY. UM, THANK Y'ALL VERY MUCH. AND AGAIN, CHAPTER 26 HEARING WILL BE THERE AND WE'LL BE HAD THE OPPORTUNITY FOR THAT AT THAT TIME. I'D LIKE TO TALK TO Y'ALL. OKAY. UM, THAT CONCLUDES OUR AGENDA. FUTURE AGENDA ITEMS. HAS ANYBODY HAD ANYTHING FOR FUTURE AGENDA ITEMS? [FUTURE AGENDA ITEMS] COMMITTEE REPORTS, CODES AND ORDINANCES? OH, UH, COMMISSIONER. COMMISSIONER SMITH. YES. YOU MOVED SO FAST. YOU SO FAST. , I, I WONDERED IF IT WOULD BE OF INTEREST. I JUST HAPPEN TO SEE AN ARTICLE ABOUT THE RENEWAL OF THE BCP, THE BALCONES CANYONLAND PRESERVE AND THE NEED TO ACQUIRE ADDITIONAL LAND AND, UM, DIFFICULTY MEETING THE GOALS OF THE LAND ACQUISITION PROTECTION. I JUST WONDERED IF IT WOULD BE BENEFICIAL [00:45:01] FOR US TO HEAR AN UPDATE ON THAT, THAT RENEWAL AND IF OTHER COMMISSIONERS HAD ANY INTEREST. YEAH, YOU HAVE TWO. SO THAT WOULD BE A FORMAL REQUEST TO GO AHEAD AND HAVE A PRESENTATION ON THAT. GOOD. OKAY. GREAT. GOOD POINT. OTHER, OKAY, GREAT. OTHER FUTURE AGENDA ITEMS. AND I'M LOOKING AT THIS TV SCREEN SO I DON'T MISS ANYBODY. , . IT'S, IT'S, WE'RE NOT IN OUR NORMAL CHAMBER HERE, SO I'M LOOKING AT A SCREEN ACROSS THE ROOM. OH, YOU'RE YOU, YOU DO AN AMAZING JOB. . OKAY. UM, CODES AND ORDINANCES. JOINT COMMITTEE. [COMMITTEE REPORTS ] ANY PRESENTATION FROM FLORES GREENBERG OR STERN? WE HAD A MEETING ON LAST WEEK TO TALK ABOUT THE BICYCLE PARKING. BIKE PARKING, AND THEN THE TRAIL, SORRY, I'M DRAWING A BLANK. THERE WAS A SAVE OUR SPRINGS SPECIFIC, UM, SITE SPECIFIC CODE AMENDMENT. CODE AMENDMENT. YEAH. MM-HMM. . OKAY. OKAY. ANYTHING ELSE? I CAN'T REMEMBER. PROPERTY PLAN. JOINT COMMITTEE. WE HAVE NOT MET. SMALLER AREA PLANNING. JOINT COMMITTEE. UH, WE, I HAVE NOT OUR QUORUM. OKAY. NO QUORUM. NEXT ITEM IS ADJOURNMENT. WITH THAT WE ADJOURNED. ALL RIGHT. THANK Y'ALL VERY MUCH. HAPPY HOLIDAYS. HAPPY HOLIDAYS. I WORE MY REDS . AT SOME POINT THEY'RE GONNA START. YOU'RE HOPING SOMETIMES HE RETURN, THERE'S. * 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.