[CALL TO ORDER]
[00:00:03]
UH, WELCOME TO THE BOARD OF ADJUSTMENTS MEETING FOR JUNE THE EIGHTH.
UH, RIGHT NOW WE CURRENTLY GOT, UM, WE GOT 10, HOPEFULLY.
I GUESS TOMMY WILL BE HERE SHORTLY.
SO ONCE WE GET THAT KIND OF GOING, LEMME GET, GET THIS STUFF MOVED AROUND WHERE I CAN GET THAT, ALL THIS STUFF.
SO, TRYING TO MAKE SURE WE HAVE ENOUGH, 'CAUSE TONIGHT, UM, EVERYTHING THAT'S TO BE VOTED ON, WE'LL NEED NINE OUT OF 11.
SO WE WANNA MAKE SURE THAT, UH, AND UNDERSTAND, UH, TOMMY YATES IS HAVING A, AN ISSUE.
UH, CAN I GET MR. TELEVISION SCREEN UP THERE, PLEASE? OKAY.
ALRIGHT, WE'LL GO AHEAD AND GET THIS THING STARTED.
IT'S, UH, 5 36 AS I WAS REMINDED, UH, TO MAKE SURE I TELL WHAT TIME MICKEY'S OFFICIAL TIME SAYS.
AND WE'RE WAITING ON TOMMY SO HE CAN GET STARTED.
SO WE'LL GO AHEAD AND WE'LL TAKE OFF AND START CALLING THE ROLE.
UH, LIKE I SAID, UH, WE NEED TO START THE TIME.
I SAID WE ALREADY DID THAT, SO WE WILL DO THE ROLL CALL.
SO, UH, BOARD MEMBER, VICE CHAIR.
MAGGIE, STAN, ARE YOU HERE? YOUNG LADY? HERE? YEP, I'M HERE.
UH, CHAIR, I MEAN, UH, BOARD MEMBER ABDULLAH, I SEE YOU'RE HERE.
OKAY, WE'LL CALL ON TOMMY IN JUST A MINUTE.
WHERE? OH, THERE, YOU'RE RIGHT THERE.
THANK YOU SO MUCH FOR SHOWING UP.
I GUESS YOU HAVE TO SAY THAT YOU'RE HERE.
I GUESS WE'RE HAVING A I'LL COME BACK.
ALL RIGHT, WELL, WE'LL COME BACK TO HER.
AND BOARD MEMBER VALENTINE HERE.
I'M GLAD YOU MADE IT TONIGHT, MA'AM.
OKAY, LET'S GO BACK TO BOARD MEMBER.
OR SHE NEEDS TO ACTUALLY SAY SHE'S ACTUALLY HERE.
I'M THINKING MAYBE SHE CAN'T HEAR SO SIGN.
DOES SHE NEED TO SAY SHE'S ACTUALLY HERE OR CAN WE JUST GO BY THE PRESENT BY HER ACTUALLY ON SCREEN.
ACKNOWLEDGE FOR THE RECORD CHAIR THAT SHE'S
YEAH, I DO SEE HER AND, AND, AND WE WILL, UM, ADMIT THAT SHE IS HERE.
WAIT, WAS IT FOR ME? I COULD NOT, I HAD THE VOLUME THOUGH.
IF YOU'LL JUST SAY THAT YOU'RE HERE.
SO NEXT THING ON MY LITTLE CHEAT SHEET HERE.
EVERYBODY SIGNED IN? EVERYBODY DID THAT.
AT LEAST I, I FEEL LIKE I'M SITTING HERE IN THE CHAIR, SO THANK YOU VERY MUCH FOR REMINDING ME.
BOWEN, ARE YOU HERE? WELL, YES I AM.
CHECK MYSELF OFF, SO, ALL RIGHT, GREAT.
UH, NEED A REMINDER TO THE AUDIENCE.
UH, PLEASE TURN OFF YOUR CELL PHONES.
UM, IF YOU HAVE A DISCUSSION, MAKE SURE YOU TAKE IT OUTSIDE AFTER THIS IS OVER.
ALSO, UH, WHEN YOU'RE ADDRESSING THE BOARD, FOR THOSE THAT ARE SPEAKING TONIGHT, YOU KNOW, YOU NEED TO BE ADDRESSING QUESTIONS UP HERE, NOT SOMEBODY ELSE THAT'S AROUND YOU.
ALSO, FOR THE PARKING, MAKE SURE YOU GET ONE OF THE, TO GET OUTTA JAIL
[00:05:01]
FREE CARDS OVER THERE.UM, COURTESY OF OUR GREAT STAFF.
OKAY? SO, UH, IS ANYBODY THAT'S TESTIFYING TONIGHT, WE NEED YOU TO STAND UP AND DO SWEAR IN THAT, UH, WHAT YOU'RE GOING TO PROVIDE TONIGHT.
SO, IF YOU WILL, UM, THE OATH IS, UM, DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? YES.
[APPROVAL OF MINUTES]
MOVING ON.LEMME GET MY MINUTES SHEET HERE.
WE'RE UP TO APPROVAL OF THE PREVIOUS MINUTES.
EVERYBODY GOT A CHANCE TO OBSERVE THE MINUTES? OKAY.
DO I HAVE A MOTION? YES, MA'AM.
SO GOT A MOTION TO APPROVE THE MINUTES.
GOT A FIRST BY BOARD MEMBER ABDUL, AND THE SECOND WAS MCC.
MCC, COREY MCCLELLAN, BOARD MEMBER MCCLELLAN.
SO, UH, BOARD MEMBER SAMIR BARRE, IS IT? UH, BARING.
BOARD MEMBER ABDULLAH, YOU? YES.
AND BOARD MEMBER MCCLELLAN? YES.
SO WE'VE GOT THAT TAKEN CARE OF.
SO ACCORDING TO THE LIST, WE DO NOT HAVE ANY GENERAL COMMUNICATIONS TONIGHT, SO WE WILL, WE WILL MOVE PAST THAT.
SO AS A REMINDER FOR EVERYBODY TONIGHT, RIGHT NOW, BECAUSE WE ARE SETTING AT 10 MEMBERS, WE NEED NINE, UH, FOR ANY APPROVALS TONIGHT.
SO JUST WANTED TO LET EVERYBODY KNOW THAT HOPEFULLY, UH, BOARD MEMBER YATES WILL BE HERE PRETTY QUICK.
SO WE WILL GO AHEAD AND START WITH OUR VERY FIRST CASE CHAIR BOWEN? YES, MA'AM.
ACTUALLY, WE NEED TO DO THE POSTPONEMENTS AND WITHDRAWALS.
UM, WE DO HAVE ONE WITHDRAWAL, AND THAT IS ITEM ITEM FIVE C 15 DASH 2026 DASH 0 1 4.
THE APPLICANT HAS WITHDRAWN THEIR VARIANCE REQUEST.
SO THAT'S THE GOOD NOTIFICATION ON THAT.
THANK YOU VERY MUCH SINCE I HAD THAT PEN BACKED IN THE VERY BACK OF MY STUFFS, BUT, UH, SO, AND WE MOVE ON FROM THAT POINT SINCE THAT'S BEEN WITHDRAWN, SO WE WILL NOT BE COVERING THAT TONIGHT.
[2. C15-2026-0020 Leonard Winn and Katherine Winn 6508 Highpoint Cove]
OKAY.SO OUR FIRST CASE IS GOING TO BE ITEM C 15 DASH 2 0 2, 6 DASH ZERO TWO.
UH, LEONARD WYNN, CATHERINE WYNN, 65 0 8 HIGH POINT COVE.
OKAY, MR. WYNN, HOW ARE YOU, SIR? OKAY, SO THEY GOT YOUR STUFF UP FOR YOUR SLIDES.
SO YOU HAVE, UH, ACTUALLY, UH, FIVE MINUTES IF YOU WANT, UH, FOR YOUR, FOR YOUR PRESENTATION.
MY ADDRESS IS 6 5 0 8 HIGH POINT COVE
[00:10:01]
HERE IN AUSTIN, AND I'M HERE SEEKING A VARIANCE FOR AN EIGHT FOOT FENCE ON THE NORTH SIDE OF WHICH IS ALSO THE STREET SIDE OF MY HOME.AND I'M SEEKING THAT VARIANCE FOR VARIOUS REASONS.
ONE BEING, UH, WE HAVE PROPERTY THAT IS, IS UNEVEN, THAT'S SLOPING ON TWO SIDES.
IT SLOPES FROM NORTH TO SOUTH, AND IT SLOPES FROM EAST TO WEST.
AND WE'VE HAD SOME PROBLEMS WITH PEOPLE, UM, THROWING ROCKS THROUGH WINDOWS AND, AND, UH, SUCH AS THAT, UH, WE'VE HAD SOME, THAT'S THE SLIDE YOU SENT UP THERE IS, IS, UH, IS MY PROPERTY.
AND THE YELLOW LINE, YOU SEE THERE IS THE STREET SIDE OF, OF THE, UH, OF THE HOME.
THAT IS, THE ACTUAL FENCE IS ALONG THAT SIDE.
IF YOU'LL JUST LET HIM KNOW WHEN YOU WANNA LOOK AT THE NEXT SLIDE, SIR.
HE WILL MOVE THAT ONE FORWARD FOR YOU.
THAT'S THE FRONT OF THE PROPERTY.
AND IF YOU NOTICE, UM, ON THE SIDE WHERE THAT THE CAR IS, YOU'LL NOTICE A SLOPE FROM, UH, THE DRIVER'S SIDE OF THAT CAR IS SLOPING, UH, NORTH TO SOUTH ON THE FRONT, UH, IN THAT FRONT YARD.
THAT'S NOT THE, THE FENCE IS ON THE OTHER SIDE.
THAT'S THE NORTH SIDE OF THE, THE HOME.
AND, AND THE FENCE, YOU SEE THERE IS A EIGHT FOOT FENCE THAT WE'RE SEEKING A VARIANCE FOR.
UH, AND IT, IF YOU NOTICE, IT SLOPES, UH, NORTH TO SOUTH, GOING FROM THE STREET TO THE HOUSE, AND IT, AND IT'S SLOPING FROM EAST TO WEST, GOING, UH, TOWARD MY NEIGHBOR'S PROPERTY THERE WHERE YOU SEE THAT VEHICLE PARKED ON THE SIDE OF THE STREET.
THAT'S A CLOSER VIEW OF THAT NORTH TO SOUTH SLOPE, UH, BY THE GATE ON THAT EIGHT FOOT FENCE.
THAT IS THE STREET SIDE, UH, OF THE FENCE THAT YOU SEE OF THE PROPERTY.
UH, AND YOU'RE LOOKING AT THE EIGHT FOOT FENCE THAT WE'RE SEEKING A VARIANCE FOR.
I THINK THAT'S YOUR LAST SLIDE, SIR.
UH, THE ANOTHER REASON THAT WE'RE, UH, THAT WE PUT THE EIGHT FOOT FENCE UP, AND I, I, I GUESS I NEED TO TELL YOU, UM, THAT WE DIDN'T KNOW WE NEEDED A PERMIT FOR AN EIGHT FOOT FENCE.
AND ONE OF THE REASONS WE DIDN'T KNOW IS THAT WE HAD THREE FENCE COMPANIES COME OUT TO GIVE US BIDS ON THAT FENCE.
UH, NOBODY MENTIONED HAVING TO GET A PERMIT.
UH, SO WE WENT AHEAD AND THEY WERE SO EXPENSIVE WE DIDN'T DO IT OUT.
SO I GOT MY SON TO HELP ME, AND WE PUT UP THAT EIGHT FOOT FENCE WITHOUT KNOWING, UH, THAT WE NEEDED A PERMIT.
SO FOR THAT, YOU KNOW, THAT, THAT'S OVERSIGHT ON MY PART.
ANOTHER REASON WAS THAT IF YOU NOTICE THE BACKSIDE OF THIS FENCE, WHEN IT WAS A SIX FOOT FENCE, WE HAD PEOPLE, UH, ON AT LEAST TWO DIFFERENT OCCASIONS THROW ROCKS THROUGH A MASTER BEDROOM WINDOW, WHICH WE ARE THE ONLY, UH, HOUSE ON THAT STREET THAT HAS A, UH, STREET SIDE WINDOW.
AND, AND MY WIFE IS, IS A HEART PATIENT.
AND, UH, WE WANTED TO KEEP HER FROM BEING STRESSED OUT, SO WE HAD TO MOVE THE MASTER BEDROOM TO ANOTHER PART OF THE HOUSE.
UH, SO THAT, UH, UH, THAT WOULD NOT HAPPEN OR HAPPEN AS FREQUENTLY.
[00:15:01]
YOU, SIR.UH, IS THERE ANY OPPOSITION TOWARDS THIS? OKAY, SEEING NONE, WE WILL NOW CLOSE THE PUBLIC COMMENT AND LOOKING FOR ANY QUESTIONS, ANY MOTIONS? YES, SIR.
SO THE ONLY, THE, UH, THE ONLY AREA THAT YOU'RE LOOKING TO HAVE THE FENCES WHERE YOU HAVE IT EXISTING RIGHT NOW, UH, ON LOYOLA LANE AND COMING OFF FROM THE HOUSE IN FRONT OF THAT BIG TREE.
OKAY, MR. CHAIR, I'LL, I'LL MAKE A MOTION TO APPROVE.
UH, WE'VE DONE IT BEFORE ON WHEN IT'S, THERE WAS NO NEIGHBOR ON THAT SIDE, AND THERE'S ALSO THE LARGE TREE, THE, THE TOPOGRAPHY AND THE LARGE TREE THAT SOMEBODY CAN SCALE AND JUMP OVER A SIX FOOT FENCE.
FAIRLY EASY WITH TO ME, UH, PROVIDE INADEQUATE HARDSHIP FOR APPROVAL.
DO I HAVE A SECOND? I'LL SECOND.
AND I'M SORRY, WHO? OH, SHOOT.
UH, MAGGIE? YEAH, SORRY, I JUST, I DIDN'T GET RAISED UP IN TIME TO SEE WHO IT WAS SPEAKING, SO, OKAY.
WE WILL TAKE A VOTE ON THE, OR DO YOU HAVE A, UH, A READING ON THIS, SIR? YES, SIR.
THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE SIX FOOT FENCE IS NOT ADEQUATE TO PROVIDE SECURITY AND SAFETY FOR THE PROPERTY OWNER.
AND THE PROPERTY O SLOPES FROM NORTH TO SOUTH AND EAST TO WEST HARDSHIP.
THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT DUE TO THE TOPOGRAPHY OF THE PROPERTY AND THE PROXIMITY OF A LARGE TREE IN WHICH A SIX FOOT FENCE WOULD BE EASY SCALE, SCALABLE, AND ALSO THE PROXIMITY NEXT TO A, A BUSY THOROUGHFARE.
THE FENCE PROVIDES SECURITY AND SAFETY FOR THE PROPERTY OWNER.
THE HARDSHIPS, NOT GENERAL TO THE AREA IN WHICH A PROPERTY IS LOCATED BECAUSE THEY'RE ALSO OFF A BUSY MANUAL ROAD.
PEOPLE FREQUENTLY USED ON A DAILY BASIS, LOYOLA LANE, AND THEY HAVE THE ONLY HOUSE ON THE BLOCK WITH A WINDOW FACING THE MAIN STREET AREA CHARACTER.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY.
WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE FENCE DOES NOT AFFECT ANY NEIGHBORS TO THE SOUTH, SOUTH OF THE HOMEOWNER.
AND THE HOUSE BEHIND THEM IS VACANT, BUT THE OWNER IS NOT OPPOSED TO THE FENCE.
WE WILL NOW, UM, PROCEED WITH THE VOTE.
UH, BOARD MEMBER OF STAN, I MEAN, VICE SHERIFF OF STAN? YES.
UH, BOARD MEMBER VALENTINE? YES.
AND BOARD MEMBER MCCLELLAN? YES.
YOUR VARIANCE HAS BEEN GRANTED.
WE APPRECIATE YOU COMING OUT TONIGHT.
[3. C15-2026-0021 George Siddall 2101 Arpdale Street]
ITEM NUMBER THREE.THIS IS GOING TO BE C 15 2 0 2 6 DASH 0 2 1.
OKAY, SIR, IT'S, UH, 2101, UH, DALE STREET, IF YOU'LL COME FORWARD.
SIR, YOU'LL HAVE FIVE MINUTES FOR YOUR PRESENTATION.
GEORGE ALS 1, 1 0 1 DALE STREET.
UM, I'M JUST ASKING FOR A VARIANCE ON AWNING FOR THE DRIVEWAY.
IT'S BEEN IN PLACE FOR TWO YEARS.
UM, IT'S KEPT THE SUN OFF MY CARS AND THE TREE TAP OFF MY CARS AND THREE HAILSTORMS OFF
[00:20:01]
MY CARS FOR THE LAST TWO YEARS.UM, THE NEIGHBORHOOD SEEMED TO LIKE IT.
EVERYBODY COMMENTS ON IT POSITIVELY, BUT, UH, CODE CAME OUT AND SAID THAT I'M FIVE FEET TOO CLOSE INSTEAD OF A 10 FOOT SETBACK.
THEY SAID, BECAUSE I'M ON A CORNER, I GOTTA HAVE A 15 FOOT SETBACK FROM MY POST.
UM, I PUT THE POST ON MY PROPERTY 10 FOOT BACK, AND THE OVERHANG IS A LITTLE PAST THAT.
UM, IT SEEMS TO ME THAT IF YOU CAN PUT A FENCE, A SIX OR EIGHT FOOT FENCE, AND ON 10 FOOT SETBACK, YOU OUGHT TO BE ABLE TO PUT AN AWNING POST.
MATTER OF FACT, IF I TOOK THE TOP OFF OF IT AND CONNECTED A FENCE TO THOSE POSTS, THEN IT'D BE OKAY.
'CAUSE ALL MY NEIGHBORS AND ALL THE, ALL THE CORNERS HAVE, UH, EIGHT AND 10 FOOT OR SIX AND EIGHT FOOT FENCES HAS BEEN FOOT SET BACK.
UM, AS FAR AS THE OPENNESS GOES, IT DOESN'T RESTRICT OPENNESS AT ALL.
NO PHYSICAL OR VISUAL BARRIERS DOES IT CREATE? YOU CAN SEE RIGHT THROUGH IT.
IT'S JUST THERE TO HELP PROTECT MY CARS.
UM, DO WE NEED TO ADVANCE YOUR SLIDES, SIR? THERE YOU GO.
DO, DO WE NEED TO ADVANCE YOUR SLIDES? OH, YEAH.
THERE'S A LITTLE, UH, DOTTED IN THING.
THERE IS IS KIND OF THE, WHAT? THE AWNING ON MY DRIVEWAY, THE, THE TWO POSTS THAT ARE, UM, INSIDE MY FOOT, THE 10 FOOT LINE, WHICH IS ABOUT 12 FEET FROM MY HOUSE, THE SIDE ON, THAT'S ON THE SIDE STREET OF ANN ARBOR.
ADVANCES OR THIS JUST SHOWS WHAT IT LOOKS LIKE.
YOU, YOU DON'T EVEN NOTICE IT LOOKING FROM THE, FROM MARKDALE STREET DOWN THE SIDE STREET.
NEXT ONE, UH, ONE ON THE LEFT IS JUST A VIEW FROM THE OTHER DIRECTION, THE VIEW FROM DIRECTLY ACROSS THE STREET.
ANOTHER VIEW FROM, UM, IN THE YARD.
THEY'RE ON DALE STREET AND ANOTHER, GO AHEAD.
THE REST OF 'EM ARE JUST FENCES ON MY CORNERS.
THE CORNERS OF, UH, WITH ALL WITHIN A BLOCK OF ME, EIGHT, SIX, AND EIGHT FOOT FENCES AT THE 10 FOOT MARK.
THAT PHYSICAL BARRIERS, VISUAL BARRIERS.
SO I DON'T SEE WHAT MINE IS GONNA COVER IT.
WHAT PROBLEM MINE CAUSES NEXT ONE.
OH YEAH, THAT'S, UH, THE PICTURE OF THE DRIVEWAY.
THAT WAS, THAT WAS KIND OF AN AFTER THING I SAW.
THAT'S THE SAP FROM THE PECAN TREE ON THE CONCRETE.
THE AWNING COVERS THE RIGHT PART.
IT'S UNCOVERED ON THE LEFT, SO IT'S JUST AN ADDED ACIDIC DROPPING THAT THE PECAN TREE DOES.
THE NEXT ONE IS FROM INSIDE MY GARAGE, LOOKING OUT ADVANCE.
UM, I GUESS LAST THE, THE CITY IS CONSIDERING, I SAW, I READ WHERE THE CITY IS CONSIDERING CHANGING THE CODE, THE SETBACK FROM 15 TO 10 FEET.
AND I THOUGHT THAT'S GREAT, BUT IF I HAVE TO TEAR MINE DOWN AT ABOUT $4,500 RIGHT NOW AND THEN THEY APPROVE ONE, UH, YEAH, I'M JUST ASKING FOR A VARIANCE.
IS THERE ANY OPPOSITION TOWARDS THIS, UH, VARIANCE? CAN I ADD ONE QUICK THING? SURE.
I GOT THE SUPPORT OF THE NEIGHBORHOOD.
ALL THE NEIGHBORS AND EVEN THE NEIGHBORHOOD ASSOCIATION HAS SUPPORTED THIS, SO IT'S NOT MAKING ANYBODY MAD.
SO ONCE AGAIN, IS THERE ANY OPPOSITION? OKAY.
SEEING NONE, WE WILL NOW CLOSE THE PUBLIC MEETINGS ON THIS.
[00:25:01]
MR. CHAIR? YES, SIR.I DON'T HAVE A QUESTION FOR HIM.
THE ONLY PROBLEM I HAVE IS WHAT WE HAVE IN OUR INFORMATION DOES NOT CONSTITUTE A, A HARDSHIP.
AND THIS IS WHERE WE'RE, WE'RE IN A JAM.
'CAUSE I DON'T REALLY HAVE THAT BIG OF A PROBLEM WITH YOUR CARPORT, ESPECIALLY IF YOU HAVE, UH, NEIGHBORHOOD, UM, SUPPORT.
BUT THE THING ABOUT IT IS, IS THE WAY YOU'VE WORDED YOUR HARDSHIP, UM, IT'S, IT JUST DOESN'T, UH, IT CLEARLY, IT'S, IT'S NOT A HARDSHIP.
IT STATES THAT THE, IT'S AN AIR CORNER LOT WITH NO OTHER LOCATION FOR A DRIVEWAY.
WELL, YOU HAVE A DRIVEWAY SO THAT THE DRIVEWAY'S NOT THE ISSUE.
UM, THE FACT THAT THE HOUSE IS BUILT IN THE FIFTIES WITH A 12 FOOT SIDE SEAT SETBACK REDUCES THE SPACE AVAILABLE FOR A SHADE STRUCTURE.
IT'S JUST NOT A, DOESN'T GIVE US ENOUGH AS BEING A SOVEREIGN BOARD.
WE HAVE TO HAVE A LITTLE BIT MORE MEAT TO THAT.
UH, AND YOU KNOW, YOU'VE BEEN UP HERE, UH, YOU'VE BEEN UP HERE MANY TIMES.
YOU KNOW WHAT WE'RE STUCK WITH.
SO WHAT I, WHAT I THINK TO, UH, WHAT I WOULD LIKE TO DO, WE'D HAVE TO, IS MAKE A MOTION TO POSTPONE SO HE CAN GO BACK, TAKE A LOOK.
THE FACT YOU CAN'T LOCATE IT, BECAUSE I CAN'T WRITE THE HARDSHIP FOR YOU, BUT WHAT I'VE GOT IN OUR PAPERWORK THOUGH DOESN'T SHOW A HARDSHIP.
I NEED TO ASK MS. SONYA LEGAL, UH, WE HAVE A RESIDENT HERE THAT'S WANTING TO SPEAK AND SINCE WE ALREADY CLOSED THE PUBLIC, UM, IS THAT GONNA BE AN ISSUE TO OPEN IT BACK UP SO THAT SHE CAN SPEAK? ARE YOU SPEAKING IN SUPPORT OR AGAINST MA'AM? SUPPORT? I ASK FOR SPEAKERS AND SUPPORT.
WHAT I WOULD RECOMMEND, UM, SO THAT WE GIVE ALL PERSONS WHO HAVE COME AN OPPORTUNITY TO SPEAK IS TO TAKE A VOTE OF THIS BOARD, UH, TO REOPEN THE PUBLIC HEARING.
AND IF THE, IF THERE IS A VOTE IN FAVOR OF REOPENING THE PUBLIC HEARING, THEN REOPEN THE PUBLIC HEARING, UH, SO THAT THIS INDIVIDUAL CAN BE GIVEN THE CHANCE TO SPEAK.
I'M, I'LL MOVE TO OPEN THE PUBLIC HEARING.
DO I HAVE A SECOND? OKAY, GO FIRST AND A SECOND.
UH, ANY, ANYBODY HAVE AN ISSUE WITH THAT ON CONSENT? OKAY, GO AHEAD.
FOR THE RECORD, PLEASE COME FORWARD AND SPEAK YOUR NAME.
I LIVE ABOUT HALF A BLOCK AWAY, UH, FROM THIS, UH, SITE.
AND I'M ALSO A MEMBER OF THE ZONING COMMITTEE OF THE ZILKER NEIGHBORHOOD ASSOCIATION, WHO HAS BEEN HERE MANY, MANY, MANY TIMES TO TALK TO YOU ABOUT CAR COURTS.
THIS IS NOT ONE OF THOSE CASES.
UH, UH, OUR REVIEW OF THIS CA CASE, WE WERE REVIEWING THESE, THE ISSUE OF AWNINGS AND SHADE STRUCTURES, UH, UH, FOR SOME TIME, UH, WHEN THIS, THIS CAME UP BACK IN MARCH.
AND, UH, WE NOTED THAT, UH, THE A I A HAS RECOMMENDED REVISIONS TO THIS, TO THE OPENNESS SECTION OF THE CODE TO MAKE A DISTINCTION BETWEEN THE ACTUAL BUILDING VERSUS STRUCTURES THAT ARE UN ENCLOSED AND DETACHED.
THESE SHADE STRUCTURES ARE NOT PORCHES OR CARPORTS THAT ARE PART OF THE HOUSE.
THEY, UH, ITSELF, AND WE'RE TRYING TO WORK WITH THE CITY TO COME UP WITH A, A GOOD DEFINITION FOR, FOR THESE, UH, UH, CARPORT, FOR THESE AWNINGS AND, UH, SHADE COVERINGS.
BUT, UM, UH, THE MAIN THING IS THAT THE ZONING COMMITTEE, UH, LOOKED AT THE CASE AND WE FELT THAT SINCE THE HOUSE WAS BUILT IN 1950 ON AN UNUSUALLY NARROW CORNER LOT, AND IT'S ACTUALLY SET BACK ONLY 12 FEET FROM THE SIDE STREET RATHER THAN THE CURRENT CODE REQUIREMENT OF 15 FEET, IT DOES HAVE A CASE FOR A, A HARDSHIP, UH, SINCE, UH, SO MANY OTHER, OTHER PROPERTIES IN THE NEIGHBORHOOD DO HAVE THESE SIDE STRUCTURES, THESE SHADE STRUCTURES.
UH, UH, ANYWAY, IT'S IN OUR, UH, WE'VE, WE FOUND THAT HE MET ALL, ALL OF THE FINDINGS.
[00:30:01]
THE, UH, THE, UM, THE LETTER THAT WE SENT.MS. ATHERTON, DON'T GO ANYWHERE YET.
AFTER, AFTER YOU I HAVE A QUESTION FOR MS. OKAY.
I HAVEN'T SEEN YOU IN A LONG TIME.
BUT ANYHOW, UM, THE VERBIAGE THAT YOU HAVE THERE, UHHUH,
UHHUH
AND SO IF AGAIN, UH, IF YOU GET TOGETHER WITH HIM, 'CAUSE THERE'S THE VERBIAGE THAT YOU JUST, YOU JUST STATED THAT'S WHY I WAS SMILING, WAS BECAUSE I WISH THAT'S WHAT HE HAD WITH HE HAD SUBMITTED.
I OH, I I THOUGHT IT WAS NO, THAT IT WAS BUILT IN.
YEAH, BUT IT'S THE, IN 1950 AND THE WAY, THE WAY HE'S GOT IT HERE VERSUS THE WAY THAT YOU JUST STATED IT, YOU STATED IT IN A MUCH MORE ELOQUENT WAY THAT CAN SUBSTANTIATE A HARDSHIP.
AND I WOULD THROW THE TREE IN THERE.
THE FACT THAT THE, HE'S GOT A, HE DOES HAVE, I SHOULDN'T EVEN BE, I DON'T, BUT IF MELISSA IS HERE, SHE'LL TELL ME.
SO THE TREE CAN AL WILL ALSO BOLSTER HIS MM-HMM
BOLSTER HIS, THE FACT THAT HE'S GOT A HARDSHIP, BUT WE JUST HAVE TO HAVE IT IN, IN OUR PAPER, IF I IS THAT CORRECT, MADAM LEGAL? YOU'RE MEANING HIS APPLICATION.
SO HE NEEDS TO REWRITE HIS APPLICATION TO INCLUDE THAT.
JUST TO, JUST TO HAVE, SO THAT WE HAVE IT.
WHEN I MAKE THE MOTION ON IT, I'M MAKING THE MOTION, NOT MAKING ONE UP.
AND WHAT YOU, WHAT YOU READ OFF TO ME, REALLY, I WISH HE, IT WAS, IT'S MORE, IT'S CLEARER THAN WHAT WE HAVE IN OUR DOCUMENTATION MM-HMM
BUT UNLESS SOMEBODY ELSE WANTS TO GO FOR IT, I'M ALL IN.
I JUST HAVE A, I JUST, I GUESS IT'S KIND OF A LEGAL QUESTION.
I MEAN, IF, IF SHE'S TESTIFYING HERE ON THE RECORD, I MEAN, IS THAT NOT ENOUGH FOR US TO JUST SORT OF READ IN THE NEW, UH, CAN WE BASICALLY, CAN WE APPROVE THE VARIANCE ON THE BASIS OF A DIFFERENT HARDSHIP THAN THE ONE THAT HE SUBMITTED? AND, AND THAT'S BEEN A QUESTION OF MINE ALSO, UH, BASED UPON WHAT'S IN THE APPLICATIONS VERSUS SOMETIMES THAT ARE NOT THERE.
UM, SO I WILL TURN TO OUR LEGAL, UH, COUNSEL.
WE'RE GONNA GET HER WORK OUT TONIGHT.
AND MR. CHAIR, THE REASON I, I'M QUESTIONING IT ALSO IS BECAUSE OF THE POSTING REQUIREMENTS, THE LEGAL REQUIREMENTS FOR POSTING, RIGHT? YEAH, THAT WAS, THAT WAS PART OF MY QUESTION TOO IS WHETHER OR NOT, BECAUSE THE, UH, MS. ATHERTON, Y'ALL'S DOCUMENTATION, Y'ALL SUPPORT CAME IN LATE, WHICH PROVIDED SOME OF THE BACKUP, BUT IT WAS NOT IN HIS ORIGINAL APPLICATION.
SO THAT'S WHAT, THAT'S PART OF THE QUESTIONING RIGHT NOW.
UH, SO BASED ON MY READING OF THE, THE RULE, THE BOARD'S RULES AND, UH, RULES OF PROCEDURE, UM, PARTICULARLY FOR ZONING VARIANCES, WHICH IS WHAT THIS IS TONIGHT, THERE ARE THE THREE REQUIRED FINDINGS THAT YOU ALL MUST MAKE.
ONE OF WHICH OF COURSE IS THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AND NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED.
NOW, I'M NOT SEEING ANYTHING WITHIN YOUR RULES OF PROCEDURE THAT REQUIRES THAT THIS FINDING BE BASED STRICTLY ON WHAT WAS PRESENTED JUST WITHIN THE APPLICATION MATERIALS, WHICH SUGGESTS TO ME THAT IF THERE IS TESTIMONY OR OTHER INFORMATION BROUGHT DURING THE TIME OF THIS HEARING OR OF THESE PROCEEDINGS, THE BOARD IS ABLE TO TAKE THAT INFORMATION INTO CONSIDERATION AND FORM A MOTION.
NOW, IT IS MY UNDERSTANDING THAT A LOT OF THE TIMES WE DO SEEK TO HAVE THAT INFORMATION IN THE APPLICATION BECAUSE IT IS CLEANER AND IT DOES ASSIST BOARD MEMBERS IN MAKING A MOTION, UM, THAT CONTAINS ALL OF THE NECESSARY REQUIRED FINDINGS SO THAT WE DON'T RECEIVE A CHALLENGE LATER ON.
AND, BUT I, AGAIN, I'M NOT SEEING ANYTHING IN THE RULES OF PROCEDURE THAT SUGGESTS EVERYTHING HAS TO BE CONTAINED WITHIN THE APPLICATION AND THAT YOU ALL ARE ONLY LIMITED TO WHAT'S IN THE APPLICATION.
SO I HAVE A QUESTION IN REGARDS TO THAT BASED UPON, IS THERE A TIMELINE IN WHICH THAT BACKUP INFORMATION WOULD'VE HAD TO BE PRIOR TO BEING DONE THIS AFTERNOON AS LATE BACKUP? IS THERE A TIMELINE ASSOCIATED WITH THAT? OR JUST BECAUSE IT MADE IT FOR LATE BACKUP THIS AFTERNOON, IS THAT TIMELINE ACCEPTABLE FOR PUBLIC, UH, FOR THE PUBLIC PORTION OF THAT? THAT IS A GOOD QUESTION.
CHAIR, IF I MAY BRIEFLY TURN TO OUR LIAISON TO ASK HER
[00:35:01]
IF THERE, IF SHE, OR IF THERE IS A, A SET TIMELINE OR DEADLINE THAT YOU HAVE, UH, THAT YOU REQUIRE PERSONS TO SUBMIT MATERIAL.AND IS THAT INFORMATION THAT CAN STILL BE CONSIDERED BY THE BOARD? SORRY, SO I MISSED THE QUESTION.
SO YOU'RE TALKING ABOUT THE LATE BACKUP, LIKE THE SUPPORT AND OPPOSITION.
SO THEY HAVE UNTIL THE DAY OF THE MEETING, 9:00 AM TILL THE DAY WE OF THE MEETING TO SUBMIT, IN ORDER FOR Y'ALL TO RECEIVE IT, THE EVENING OF THE, FOR IT TO BE POSTED AT THREE AND FOR Y'ALL TO RECEIVE IT.
IF YOU'RE TALKING ABOUT HIS APPLICATION, THERE'S A HARD DEADLINE, LIKE AT THE VERY BEGINNING OF THE PROCESS.
WELL, THE QUESTION IS, IS THAT WE, WE UNDERSTAND THAT WE HAVE TO HAVE THE AGENDA POSTED WITH THE BACKUP OR WITH ALL THAT INFORMATION, IT HAS TO BE OUT THERE X NUMBER OF DAYS, CORRECT? YES.
BUT THAT, THAT NONE OF THAT INFORMATION, LIKE ANY SUPPORT AND OPPOSITION, IS NOT PART OF THAT AGENDA.
SO THEN IT'S JUST REALLY A MATTER OF WHETHER OR NOT WE'LL TAKE THE BACKUP INFORMATION IS SUPPORT FOR, FOR DETERMINING THIS CASE THEN.
SO I THINK IN, IN THAT RESPECT, IF THERE IS, AS LONG AS THE, THE INFORMATION.
SO I, I THINK THEN THERE'S PERHAPS TWO DIFFERENT QUESTIONS.
THE, THE TIMING OF WHEN THESE MATERIALS, THESE BACKUP MATERIALS ARE SUBMITTED, AND WHETHER THEY HAVE BEEN TIMELY SUBMITTED FOR YOU ALL TO THEN RECEIVE THEM.
AND THEN THE SECOND ISSUE, WHICH IS I THINK AT THE HEART OF YOUR QUESTION CHAIR, WHETHER YOU ALL CAN RECEIVE NEW INFORMATION AT THE TIME OF THE HEARING BASED ON MY EXPERIENCE, UH, IN COUNSELING OTHER BOARDS OR OTHER COMMISSIONS, YOU KNOW, THOSE COMMISSIONS DO RECEIVE INFORMATION AT THE TIME OF THEIR PUBLIC HEARING.
THEY DON'T NECESSARILY HAVE INFORMATION BECAUSE OF THE UNIQUENESS OF, OF THIS PARTICULAR COMMISSION, UM, THAT I ADVISE, THEY DON'T HAVE THE BENEFIT OF RECEIVING THEIR BACKUP MATERIALS IN ADVANCE FOR THEIR CONSIDERATION.
SO EVERYTHING IS CONSIDERED AT A PUBLIC, AT THE, AT THE PUBLIC HEARING, UM, WHICH IS WHY I LOOKED TOWARDS YOUR RULES OF PROCEDURE TO SEE WHETHER THEY MIGHT HAVE ANY GUIDELINE OR GUIDANCE OR IF THERE MIGHT BE ANYTHING THAT RESTRICTS YOUR ABILITY TO RECEIVE NEW INFORMATION.
AT THIS TIME, I'M NOT SEEING ANY SUCH RESTRICTION.
UM, IT JUST SIMPLY REQUIRES YOU ALL TO MAKE CERTAIN FINDINGS AND THAT THERE, UH, BE EVIDENCE IN SUPPORT OF THOSE FINDINGS.
BUT AGAIN, I'M NOT SEEING ANYTHING THAT LIMITS OR RESTRICTS, IF THE BOARD WISHES, I CAN CERTAINLY TAKE A FURTHER LOOK INTO THAT.
AND I KNOW THAT YOU WERE CONSIDERING A MOTION TO POSTPONE WELL, BOARD MEMBER RON OLIN.
MR. CHAIR, IF I MAY GO, UM, THE OTHER THING IS THAT I'M THINKING ABOUT IS THE WAY AROUND THAT IS IF, 'CAUSE I'M SITTING HERE WRITING SOMETHING, TRYING TO GET YOU THERE, UM, IS UM, IF WE READ IT INTO THE RECORD, THAT WOULD SHOULD SUFFICE AS FAR AS THE FINDINGS ARE CONCERNED.
I WAS VERY, I WAS CONCERNED ABOUT IT NOT BEING POSTED, YOU KNOW, AND WE'RE, WE'RE MAKING A MOTION, AND I'M GONNA SIT HERE, I KNOW WE SORT OF PLAY WITH THE FINDINGS A LITTLE BIT WHEN SOMETHING'S REALLY OBVIOUS AND THEY'VE GOT THE MAJORITY OF THE MEAT ON THE PLATE HERE.
BUT TO, TO, FOR ME TO WRITE HIS FINDINGS, REWRITE HIS FINDINGS FOR HIM TO GET, I DON'T HAVE A PROBLEM WITH THE CARPORT TO START WITH.
SO, UM, FOR ME TO, UH, WRITE HIS FINDINGS FOR HIM FROM THE DAIS, AND AS LONG AS WE READ THOSE FINDINGS AND THEY'RE APPLICABLE, APPLICABLE TO THAT PROPERTY, AND WE, WE READ 'EM INTO THE RECORD, SHOULD THAT SUFFICE? I GUESS THAT'S, UH, SONYA, CAN THEY, CAN THEY REFERENCE A LATE BACKUP, LIKE THE SUPPORT LETTER AS PART OF THEIR FINDINGS? CAN THEY REFERENCE THAT? CAN THE BOARD REFERENCE THAT? BECAUSE IT, BECAUSE IT IS, I MEAN, IT'S BEEN UPLOADED.
SO FOR ME, THE QUESTION REALLY COMES BACK DOWN IS MAKING SURE THAT THIS DOESN'T COME BACK AND BITE US AT SOME POINT.
THAT, UM, AND THE, THE FACT, I DON'T WANT TO GET INTO THE HABIT OF WRITING EXACTLY
THUS HAVING THE, THAT WAY HE COULD REDO HIS APPLICATION AND MAKE SURE THAT THE HARDSHIP AS STATED, UH, GOT, GETS INTO THE RECORD FOR, FOR THE PROPER PUBLIC NOTIFICATION.
AND THAT WOULD ELIMINATE ANY OTHER THOUGHTS? I, I, I WOULD SECOND THE POST BOARD CO-CHAIR RECOGNIZES, UH, BOARD MEMBER ODU.
I, I WOULD SECOND THE POSTPONEMENT.
I MEAN, JUST TO BE ON THE ABSOLUTE LEGAL SAFE SIDE.
UM, I DID HAVE ONE QUESTION, MR. SAL.
YOU SAID THERE WAS NO OPPOSITION.
I'M LOOKING AT THE LATE BACKUP.
THERE IS ONE OPPOSITION, UM, AN INDIVIDUAL BY THE NAME OF OH, DON'T TELL HIM UNDER THE BUS.
[00:40:01]
YEAH.WHAT WAS THAT?
SO YOU, ARE YOU, ARE YOU SURE THERE'S THERE'S NO OPPOSITION TO THIS CHANGE? I HAVEN'T HEARD ANY.
UH, THERE IS, PEOPLE ARE WALKING THAT, THAT NEIGHBORHOOD ALL THE TIME.
THEY COME BY, DOZENS OF 'EM EVERY DAY.
A BUNCH OF 'EM STOPPED AND ASK ME, WHAT'S THE PINK SIGN IN YOUR FRONT YARD? AND I TELL 'EM, THEY GO, YOU GOTTA BE KIDDING ME.
WHAT'S WRONG WITH IT? YOU KNOW, THEY, THEY ALL LIKE IT.
I DON'T KNOW WHERE THE OPPOSITION CAME FROM.
UM, I, I WOULD JUST SECOND THE MOTION.
UM, COULD I JUST, UH, YES, GO AHEAD.
UM, I, I THINK THIS IS AN IMPORTANT QUESTION AND I, AND I, I, I THINK IT'S WORTH US GETTING A, A BETTER DIRECTION FROM LEGAL.
'CAUSE I, I THINK BOARD MEMBER VAN OLAN, WHAT WE WANT CLARITY ON, I WANNA MAKE SURE I'M CORRECT.
IS IT COMPLIANT WITH THE OPEN MEETINGS ACT FOR US? YES.
TO MAKE A DECISION BASED ON A FINDING THAT THE APPLICANT DIDN'T INCLUDE IN THE WRITTEN APPLICATION THAT WAS, THAT, YOU KNOW, IS, IS POSTED.
UM, MORE THAN THREE BUSINESS DAYS IN ADVANCE.
UM, AND YEAH, IF, IF WE CAN GET A, AN ANSWER FROM LIKE THE OPEN GOVERNMENT PEOPLE OR SOMEBODY, UH, BECAUSE I'M SURE THAT'S NOT A HARD QUESTION FOR THEM TO, TO ANSWER 'CAUSE THAT'S ONE.
BUT, BUT IT'S AN INTERESTING ONE THAT WE SHOULD KNOW, RIGHT? AND I THINK PART OF THE CHALLENGE IS WE HAVE CERTAIN, IT SEEMS TO ME THAT WE HAVE CERTAIN PROCEDURES IN PLACE THAT ARE DESIGNED TO HELP PREVENT, YOU KNOW, IN THE EVENT THERE IS A CHALLENGE, RIGHT? IT, THESE, THESE GUIDELINES OR THESE PROCEDURES ARE DESIGNED TO HELP THE BOARD MAKE THOSE REQUIRED FINDINGS AND MAKE EVERYTHING BE MORE STREAMLINED AND, AND FLOW SMOOTHER.
SO I THINK IT'S AN ISSUE OF WHAT EV YOU KNOW, LEGALLY WHAT EVIDENCE CAN YOU ALL RECEIVE AND WHEN CAN YOU ALL RECEIVE IT? AND VERSUS, OKAY, WHAT ARE THE PROCEDURES THAT WE PUT IN PLACE THAT WE'VE DESIGNED SO THAT, THIS WAY, AGAIN, YOU ALL ARE, ARE SURE THAT YOU'RE MAKING THE FINDINGS AND THAT YOU'RE MAKING CLEAN MOTIONS SO THAT WE HAVE A CLEAN AND CONCISE RECORD.
BECAUSE WHEN YOU START RECEIVING INFORMATION AT THE TIME OF THE HEARING, AND THEN YOU'RE TRYING TO MAKE A MOTION BASED OFF OF THE INFORMATION THAT YOU'RE RECEIVING AT THE HEARING IN ADDITION TO WHATEVER YOU'VE PREVIOUSLY RECEIVED, I CAN CERTAINLY SEE HOW THAT MIGHT CREATE SOME CONFUSION OR IT MIGHT MAKE IT DIFFICULT FOR YOU ALL TO MAKE YOUR MOTIONS.
BUT I AGREE, I DO WANNA MAKE SURE THAT I'M, I'M MORE CLEARLY EXPLAINING THE DIFFERENCE SO THAT YOU ALL FEEL MORE COMFORTABLE MOVING FORWARD.
UM, AND YOU ALL CAN UTILIZE YOUR DISCRETION ABOUT DO WE WANNA MAKE SURE THAT WE'RE ONLY RECEIVING INFORMATION THROUGH BACKUP AND WE RELY UPON THOSE FINDINGS? OR DO WE WANNA ATTEMPT TO ROLL THE DICE A LITTLE BIT MORE AND UTILIZE INFORMATION THAT YOU ALL RECEIVE TO LATER MAKE A MOTION.
UM, AND JUST FOR, FOR THE RECORD, UH, THE CHAIR WOULD LIKE TO RECOGNIZE, UH, THAT BOARD MEMBER YATES IS HERE AT, UH, APPROXIMATELY SIX 10.
UH, I'M GLAD YOU COULD JOIN US, SIR.
SO, UM, SO THAT GETS US UP TO 11 AND I APPRECIATE THAT, AND I DO TAKE THAT VERY SERIOUS IN THE FACT OF MAKING SURE THAT WE'RE NOT MAKING A DECISION THAT, THAT THAT SUPPORT, THAT LATE BACKUP HELPS SUPPORT THOSE THINGS.
IT HELPS US, BUT IN THIS CASE, BECAUSE THE HARDSHIP WAS VERY DIFFICULT TO EVEN, I WAS HAVING PROBLEMS WITH THE, WITH THE, WITH THE HARDSHIP ON THIS AND TRYING TO GET THERE, UH, THE LATE BACKUP ALSO PROVED TO ME WHEN I WAS READING IT THAT AT LEAST THERE WAS SOME, UH, A LITTLE MORE INFORMATION THERE TO HELP WITH THAT.
AND IT WOULD'VE BEEN VERY HELPFUL IF IT HAD BEEN IN THE APPLICATION TO START WITH.
SO, UM, I'M WILLING TO ENTERTAIN THE MOTION TO POSTPONE.
UM, AND I HAVE A SECOND, UH, ANY OTHER DISCUSSION ON THAT, ON THAT ISSUE? I HAVE, I HAVE ONE QUESTION.
UM, JUST, UH, I DON'T KNOW, I JUST KIND OF WANNA KNOW.
THIS IS THE, IS THE PAVILION THAT IS ABOVE THE DRIVEWAY, IS IT IN ANY WAY ATTACHED TO THE EXTERIOR WALL OF THE HOME? NO.
YOU'LL NEED TO TURN YOUR MIC ON, SIR, AND SPEAK UP SO SHE CAN HEAR YOU.
IT IS NOT ATTACHED TO THE HOUSE IN ANY WAY.
UM, THEN I GUESS WE WILL, UH, WE HAVE A FIRST AND A SECOND FOR A POSTPONEMENT.
AND, AND THE ONLY REASON WE'RE DOING THIS IS JUST FOR KEEPING OUR PAPERWORK STRAIGHT AND MAKING SURE THAT THERE'S NO, NO, UH, CONFLICTS OF INTEREST WITH THIS ENTIRE THING.
[00:45:01]
WE WILL DO THAT, UH, IN THIS, IN THIS REGARDS HERE.AND WE'LL MAKE A MOTION TO POSTPONE UNTIL THE NEXT MEETING, UH, WHICH WOULD BE, UM, THAT WOULD BE, LEMME LOOK ON MY CALENDAR HERE.
SO WE HAVE A MOTION TO POSTPONE UNTIL JULY 13TH.
UH, THAT WAS BROUGHT ON BY, UH, BOARD MEMBER VON OWEN, SECONDED BY BOARD MEMBER ABDUL.
AND WE WILL GO AHEAD AND READ THAT.
UM, BOARD MEMBER, UH, YATES, DO YOU HAVE ENOUGH INFORMATION FOR THIS OR DO YOU WANT TO BYPASS ON THIS FOR RIGHT NOW, SIR? UM, I HAVE ENOUGH INFORMATION.
SO I WILL ASK YOU FIRST, UH, ON THE MOTION TO POSTPONE TILL JULY THE 13TH, YES OR NO, SIR? YES.
UH, BOARD MEMBER MEINA AL? YES.
AND MR. MS AT ATHERTON, IF YOU CAN HELP HIM WITH HIS HARDSHIP AND USE YOUR VERBIAGE AND YOU MIGHT WANNA CITE THE FACT THAT YOU HAVE A HERITAGE TREE RIGHT THERE THAT ALSO TAKES UP THE SPACE FOR A POSSIBLE OTHER LOCATION.
UH, BOARD MEMBER ABDULLAH? YES.
UH, BOARD MEMBER VALENTINE? YES.
AND BOARD MEMBER MCCLELLAN? YES.
UH, MR. AL, WE'RE, YOU'VE BEEN POSTPONED TILL NEXT MONTH, WE NEED TO GET THIS UPDATED.
PLEASE WORK WITH, UM, OUR COMMITTEE OVER HERE AND HAVE MS. UH, ATHERTON ALSO HELP YOU WITH GETTING THAT HARDSHIP PUT INTO YOUR DOCUMENTATION, AND THEN WE WILL SEE YOU NEXT MONTH.
THAT WE, I MEAN, THAT'S ALWAYS BEEN KIND OF A QUESTION FOR ME AS TO HOW SOME OF THAT STUFF GOES IN THERE AND HOPEFULLY LEGAL WILL GET US SOME TYPE OF INFORMATION BACK ON, ON HOPEFULLY TRYING TO DEAL WITH THAT.
UH, CHAIR BOWEN, DID YOU CALL TOMMY EIGHTS HIS VOTE? DID YOU GET HIS VOTE? I'M SORRY, MA'AM.
DID YOU GET HIS VOTE? UH, YES MA'AM, WE DID AND I DID CHECK HIM IN AT, UH, SIX 10.
[4. C15-2026-0022 Nikelle Meade for Austin Area School for Dyslexics-Laura Steinbach 2615 ½ Hillview Road]
WE'RE NOW GONNA BE MOVING ON TO ITEM NUMBER FOUR C 15 DASH 2 26 DASH ZERO TWO.UH, THIS IS GOING TO BE FOR THE, UH, AL MEDI ME.
UH, FOR THE AUSTIN SCHOOL FOR THE DYSLEXIC ON THE, UH, 65 15 AND A HALF HILL, UH, HILLVIEW ROAD.
UM, WE GIVE YOU, UH, THE FIVE MINUTE FOR THE PRESENTATION, MA'AM.
UM, MEMBERS OF THE BOARD, ELLE MEAD, I'M AN ATTORNEY WITH, UH, HUSCH BLACKWELL AND I'M HERE REPRESENTING, AS YOUR CHAIR SAID, AUSTIN AREA SCHOOL FOR DYSLEXICS, WHICH IS ALSO KNOWN AS ROSSON SAUNDERS SCHOOL.
YOU ALL PROBABLY REMEMBER THAT NAME BECAUSE I THINK A YEAR AGO, ABOUT A YEAR AGO, YOU ALL HEARD A VARIANCE REQUEST FOR THE SCHOOL.
UM, DIFFERENT SET OF VARIANCES, BUT IT CAME WITH A LOT OF CONCERN AND CONTROVERSY AND I, I THINK THAT WE ARE HERE TODAY WITH SOME OF THAT SOLVED.
SO WHAT WE ARE TRYING TO DO, I WANT TO SAY IS A ONE THING WHICH IS BRING THIS SITE INTO COMPLIANCE.
THERE'S A TON OF CONFUSION RELATED TO THIS SITE, UM, WHICH BY THE WAY IS AT 26 15 HILLVIEW ROAD, WHICH IS A NEIGHBORHOOD STREET IN TERRYTOWN.
UM, THE STREET, THE SCHOOL ALSO ACCESSES EXPOSITION, AND THIS IS SORT OF WEST ON EXPOSITION IF YOU'RE REALLY
[00:50:01]
IN THE HEART OF TERRYTOWN.AND THIS SITE IS SITUATED REALLY IN THE MIDDLE OF, OF A NEIGHBORHOOD.
UM, WE ARE ASKING TO, UH, HAVE ONE VARIANCE TO TRY TO BRING THE SITE INTO COMPLIANCE, AND THAT IS FROM 25 TO 8 32, WHICH REQUIRES ALL PRIVATE SCHOOLS TO ABUT STREETS WITH 25 FEET, I'M SORRY, 40 FEET OF PAVEMENT.
WE DO NOT, AND I'LL EXPLAIN THAT IN JUST A BIT.
SO THIS IS A LITTLE, UH, BIT BETTER PICTURE OF WHERE THIS IS LOCATED.
AND YOU CAN SEE, AS I WAS EXPLAINING, IT REALLY IS IN THE MIDDLE OF A NEIGHBORHOOD, HAS BEEN A SCHOOL, WE ACTUALLY SAY 15 YEARS, BUT IT'S ACTUALLY BEEN A SCHOOL FOR OVER 30 YEARS.
UM, AT ONE TIME A CHURCH OPERATED SCHOOL AND THEN, UM, OPERATED BY AUSTIN AREA SCHOOL FOR DYSLEXICS.
AND THIS IS THE SOURCE OF THE PROBLEM WE HAVE.
YOU CAN SEE THAT HILLVIEW ROAD DOES NOT MEET THAT 40 FEET OF PAVEMENT REQUIREMENT.
IT VARIES, UH, BETWEEN 30 FEET AND 41 THAT YOU CAN SEE.
AND THE REQUIREMENT MAKES IT SUCH THAT IT HAS TO BE 40 FEET OF PAVEMENT FROM OUR PROPERTY BOUNDARY IN THIS CASE, TO WHERE IT ABUTS EXPOSITION, AND IT DOES NOT.
WE ARE, WELL, LET ME, LET ME CONTINUE.
THE VERY CRAZY THING ABOUT THIS CASE,
AND REALLY WE THOUGHT BECAUSE OF THIS ISSUE, WE WOULDN'T EVEN NEED A VARIANT, BUT I THINK THE DETERMINATION WAS THAT WE DID, WE HAVE TO, UH, COMPLY WITH THE REQUIREMENT THAT HILLVIEW BE 40 FEET OF PAVEMENT WITH, BUT WE ACTUALLY HAVE A LEGAL PROHIBITION AGAINST ACCESSING HILLVIEW.
SO OUR SITE TAKES ALL OF ITS ACCESS OUT TO EXPOSITION.
SO YOU CAN SEE THIS IS HILLVIEW ROAD, AND YOU CAN SEE THAT FENCE IS ALONG OUR PROPERTY LINE, SO THERE'S NO ACCESS IN AND OUT OF OUR SITE, UM, ONTO HILLVIEW ROAD.
AND I WANNA GO TO THIS SLIDE TO SHOW YOU THAT'S BECAUSE OF A PLAT NOTE THAT ACTUALLY PROHIBITS THAT ACCESS.
AND SO WE CANNOT TAKE ACCESS TO HILLVIEW ROAD FOR SCHOOL.
AND THEREIN REALLY LIES THE DIFFICULTY OF THIS CODE PROVISION AND THE HARDSHIP, WHICH RESULTS FROM US HAVING TO COMPLY WITH A REQUIREMENT THAT REALLY WE, IT'S, IT'S ALMOST IRRELEVANT TOO, AND, AND NOT APPLICABLE TO THE SITE.
UM, WE FEEL LIKE THIS IS A REALLY REASONABLE AND GOOD USE FOR THIS PROPERTY AND I HOPE THAT YOU'LL HEAR FROM NEIGHBORS WHO ARE HERE THIS TIME IN SUPPORT, NOT IN OPPOSITION, THAT EVERYBODY LOVES THIS SITE BEING UTILIZED FOR SCHOOL.
IT'S A GREAT USE FOR THIS SITE.
UM, IT IS A, A PROBABLY THE BEST USE FOR THIS SITE IN THIS LOCATION, BUT WE, UH, DON'T HAVE A WAY TO COMPLY WITH THE, THE PAVEMENT WITH REQUIREMENT WE HAVE, UM, PROVIDED FINDINGS, BUT JUST TO KIND OF GO THROUGH THEM AGAIN, IT'S A REALLY BIZARRE AND UNIQUE CONDITION THAT WE THOUGHT WOULDN'T EVEN NECESSITATE A VARIANCE.
BUT THE ENTIRE REASON FOR THIS CODE PROVISION IS TO, UM, HAVE SAFE INGRESS AND EGRESS FOR SCHOOL SITES AND WE CAN'T ACTUALLY ACCESS THE STREET THAT IT APPLIES TO.
UM, IT, THIS, AS I SAID, THIS SITE HAS BEEN OPERATED AS A SCHOOL FOR ABOUT 30 YEARS, SO WE ARE NOT ASKING TO CHANGE ANYTHING.
WE'VE MADE THAT COMMITMENT TO THE NEIGHBORHOOD AND WE, UM, AREN'T ASKING TO CHANGE ANYTHING.
I WILL SAY I PROMISED I WOULD ASK, UH, THE BOARD TO CONSIDER THIS.
WE DID ENTER INTO AN AGREEMENT WITH THE NEIGHBORHOOD TO PROHIBIT ACCESS TO HILLVIEW AS A CONDITION OF THE VARIANCE AS WELL, IF THE BOARD SHOULD CHOOSE TO APPROVE IT.
SO WE APPRECIATE YOU ALL HEARING US OUT TONIGHT, AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
ALRIGHT, DO I HAVE ANY OTHER, AN ANYBODY ELSE IN SUPPORT OR IN OPPOSITION FOR THIS SUPPORT? MAKE YOU SIT BY ME.
IF YOU'LL PLEASE STATE YOUR, IF YOU'LL PLEASE STATE YOUR NAME FOR THE RECORD SO IT CAN BE TAKEN IN.
I'M HERE REPRESENTING, UH, WEST AUSTIN NEIGHBORHOOD GROUP.
UH, THIS IS DARCY GARDNER, WHO'S A NEIGHBOR TO THIS PROPERTY'S ASSOCIATED WITH ME THROUGH THE NEIGHBORHOOD ASSOCIATION.
AND THIS IS ANOTHER NEIGHBOR, RICHARD SETTLE.
[00:55:02]
I DIDN'T SAY ANYTHING.I JUST, JUST DIDN'T TRY TO GO ON.
IT'S RICHARD, WE ARE, WE ARE NOT NECESSARILY HERE IN SUPPORT, BUT WE ARE IN NON OPPOSITION.
THE NEIGHBORHOOD ASSOCIATION IS, UM, WE WANTED TO COMMEND, UH, ELLE AND HER ASSOCIATES, UH, FOR BEING VERY OPEN AND, AND WORKING WITH US ON THIS, UH, AND BEING VERY FORTHCOMING.
UH, WE, AND WE DID ASK THAT THE, IF OUR NON OPPOSITION IS BASED, THE NEIGHBORHOOD ASSOCIATION'S NON OPPOSITION IS BASED ON THE IDEA THAT THEY WILL NOT, WE WOULD LIKE FOR THE VARIANCE TO BE CONDITIONED SPECIFICALLY ON THERE BEING NO CURB CUTS ON HILLVIEW.
THAT'S THE MAIN CONTINGENT OF ALL THE NEIGHBORS, THE BEST I CAN TELL.
UH, IT, IT IS TRUE THAT THEY HAVE A DEDICATED BY, BY DEED ACCESS FROM THIS PROPERTY TO EXPOSITION IS WHAT, UH, IT, BUT WE UNDERSTAND THAT THEY'RE TRYING, WHAT THEY'RE TRYING TO BASICALLY DO IS BRING THE PROPERTY INTO COMPLIANCE WITH THE LAND DEVELOPMENT CODE.
UH, THEY HAVE, UH, THEY HAVE ALSO ASKING FOR A CONDITIONAL USE PERMIT.
THEY WANNA UPDATE THEIR CONDITIONAL USE PERMIT ON THE PROPERTY.
UH, THIS IS ALL IN ANTICIPATION OF THE PROPERTY BEING SOLD.
I MAY UNDERSTAND, UH, AND I'LL LEAVE IT AT THAT.
I KNOW I, DARCY WOULD LIKE TO, I DIDN'T KNOW IF RICHARD, DO YOU WANNA SPEAK? SURE.
I'M IN THE NOTICE AREA OF THIS, UH, THE SCHOOL CASE.
AND IN THE BACKUP, YOU HAVE AN OPPOSITION LETTER FROM ME.
I AM OPPOSED TO IT IF THERE IS NO CONDITION FOR NO ACCESS.
BUT IF THE CONDITION OF THE VARIANCE IS NO ACCESS TO HILLVIEW, I'M IN SUPPORT.
I JUST WANTED TO CLEAR THAT UP IN CASE YOU LOOKED IN YOUR BACKUP.
UM, I'M A NEIGHBOR TO THIS PROPERTY.
UM, AND I'VE SPOKEN TO A BUNCH OF MY NEIGHBORS, I BELIEVE YOU HAVE 19 LETTERS OF, UM, AFFIRMING THAT THIS IS OKAY WITH THE NEIGHBORS AS LONG AS HILLVIEW IS, IS NEVER USED.
UM, THEY, THE REASON FOR THAT IS THEY CURRENTLY HAVE TRAFFIC ISSUES ON HILLVIEW.
I THINK THERE'S BEEN OTHER INSTANCES WHERE SCHOOLS ARE USING THINNER ROADS AND IT'S CAUSING BLOCKAGES AND WE'RE TRYING TO GET AHEAD OF THAT.
SO THE NEIGHBORS ARE VERY MUCH IN SUPPORT OF A SCHOOL ON THIS, UM, THIS PROPERTY.
THEY, THEY REALLY, THEY ENJOYED ROSS AND SAUNDERS THERE UNTIL THEY ESSENTIALLY OUTGREW IT.
SO WE'RE REALLY LOOKING FORWARD TO THAT USE.
AGAIN, IT'S A PERFECT PLACE FOR A SCHOOL THAT FITS, UM, TO BE THERE.
SO THE NEIGHBORS ARE IN SUPPORT AS LONG AS A VARIANCE EXPLICITLY STATES THAT HILLVIEW WILL NOT BE ACCESSED BY THE SCHOOL IN ANY WAY AT ALL.
SO DO WE HAVE ANY OPPOSITION? OKAY.
SEEING NONE, WE WILL NOW CLOSE FOR THE PUBLIC COMMENTS AND OPEN IT UP FOR QUESTIONS.
KEL, I HAVE A QUESTION FOR YOU.
CAN YOU GO TO SLIDE? UM, I THINK IT'S, UH, THE ONE THAT SHOWS THE ACTUAL, LEMME GO BACK HERE AND SEE, TELL YOU EXACTLY THE RED LIST.
UH, IS THAT WHAT IT, I HAD IT ON? I THINK IT'S THE NEXT ONE.
YEAH, IT SHOWS THE, SHOWS THE, UH, YES, THAT ONE.
UM, ELLE RIGHT THERE WHERE THE PROPERTY IT STARTS, UM, WHERE THE PROPERTY LINE BEGINS IS 41.26 FEET WIDE.
AND THEN WHEN YOU GET TO THE OTHER END OF THE PROPERTY LINE, THAT'S 30 FOOT 0.17.
AND I, AFTER LOOKING AT THIS AND READING WHAT THE NEIGHBORHOOD AND NEIGHBORHOOD SUPPORT, OF COURSE THAT'S GONNA BE A CONDITION.
BUT, UH, THE CONDITION THAT I WAS GONNA HAVE, AND IT COMES FROM A HEALTH AND SAFETY STANDPOINT, AND I GET THESE, THESE COMMENTS FROM THE A PD AND PRIMARILY THE FIRE DEPARTMENT IS THAT IF, AND I DID THE SAME THING WITH MY PROPERTY IN EAST AUSTIN.
I, I REQUESTED FOR THE CITY TO PUT NO PARKING ZONE, NO PARKING ON THAT, ON MY SIDE OF THE STREET.
SO THAT WHAT IT WOULD DO IS IT, IT ALLOWS A FIRETRUCK TO GET THROUGH THERE BECAUSE OTHERWISE THERE'S, THAT'S THE ISSUE.
THE REAL ISSUE IS THE COMPLIANCY ISSUE.
I UNDERSTAND THAT'S YOUR ISSUE, BUT FROM OUR ISSUE, I BELIEVE THE LAST TIME IT DIDN'T, IT DIDN'T GO THROUGH WHEN, AND I WAS HERE WHEN WE TOOK UP THIS CASE, WAS BECAUSE OF THE CONCERN FOR THE FIRETRUCK ACCESSES.
SO MYSELF PERSONALLY, I'M WILLING TO MAKE A MOTION TO APPROVE, UH, WITH THE NEIGHBORHOOD CONDITIONS, BUT ALSO THAT THE SCHOOL, UH, COME TO THE CITY AND EASY APPLICATION PROCESS, GO THROUGH THE TRANSPORTATION DEPARTMENT AND
[01:00:01]
YOU KNOW, THE PEOPLE DOWNTOWN, YOU CAN MAKE THE CALL AND, UH, AND HAVE NO PARKING STARTING FROM THE 41.26 TO THE 30.17 MARK ON, UH, PRESENTATION 4 0 4 ON THIS, THIS THE SCHOOL SITE OF THE ROAD.BECAUSE WHAT THAT WILL DO IS THAT IF I SAW ONE OF THE OTHER PICTURES ALSO, AND YOU CAN SEE PEOPLE ARE PARKING THERE AND THAT WILL GIVE THE FIRE TRUCKS MAYBE JUST A LITTLE BIT MORE TO GET THROUGH THERE.
IT'S A HEALTH AND SAFETY CONCERN.
YEAH, WE'RE, WE'RE COMPLETELY FINE WITH THAT.
ANY OTHER QUESTIONS? I ACTUALLY HAVE A QUESTION, UM, BECAUSE I NOTICED YOU PUT IN THERE THAT YOUR EXPOSITION WAS THE, UH, THE ENTRY POINT, BUT I, AFTER LOOKING AT YOUR MAPS AND ALSO LOOKING AT GOOGLE, I WAS TRYING TO FIGURE OUT, THERE WAS NO MENTION OF THE MCCULLOUGH.
I GUESS THERE'S, THEY DON'T HAVE AN ISSUE WITH THAT AT ALL.
WE ARE ACTUALLY TALKING ABOUT MCCULLOUGH.
UM, I'M NOT GOING TO SAY THE NEIGHBORS DON'T HAVE AN ISSUE WITH IT.
I DON'T THINK IT'S THE BEST, UH, SCENARIO THAT WE UTILIZE MCCULLOUGH FOR DROP OFF OR FOR PICKUP AND DROP OFF.
AND WE ARE TALKING ABOUT THAT, UM, MR. CHAIR WITH THE NEIGHBORS IN ANTICIPATION OF THE CONDITIONAL USE PERMIT HEARING, POTENTIALLY CLOSING THAT ACCESS TO MCCULLOUGH.
UM, WE'RE, WE HAVE TRAFFIC ENGINEERS THAT WE'VE HIRED TO TRY TO HELP US UNDERSTAND HOW THAT TRAFFIC FLOW WILL MODEL FOR PICKUP AND DROP OFF WITHOUT MCCULLOUGH.
BUT IT IS SOMETHING THAT WE ARE DEFINITELY TALKING ABOUT AND THAT WILL GET ADDRESSED DURING THE CONDITIONAL USE PERMIT.
I, I JUST DIDN'T WANT TO, I SAW IT, LOOKED AT IT, SAID, HOW COME WE DIDN'T DO THIS? WHAT'S SO ALRIGHT, UH, SEEING, DO WE HAVE ANY OTHER QUESTIONS FROM THE, ANY OF THE, ANYBODY UP ON THE MAGIC SCREEN? NO QUESTIONS.
UH, BOARD MEMBER BON OWEN, IF YOU'D LIKE TO MAKE A MOTION, MAKE THE MOTION TO APPROVE.
DO I HAVE A SECOND? I'LL SECOND.
I HAVE A FIRST FROM BOARD MEMBER VON OWEN AND I HAVE A SECOND FROM BOARD MEMBER MCCLELLAN.
DO YOU HAVE A READING ON THIS, SIR? YES SIR.
CAN Y'ALL PLEASE ADD THE CONDITIONS FIRST BEFORE Y'ALL READ THE FINDINGS? YES.
WE NEED TO MAKE SURE WE GOT THOSE CONDITIONS IN THERE ABOUT THE, YES, THAT'S WHERE I WAS GONNA GO.
THIS, THIS MOTION IS MADE, UH, TO APPROVE WITH THE CONDITIONS TO PROHIBIT ACCESS TO, UH, OR CURB CUTS ON THE HILLVIEW SIDE, UH, STREET.
AND ALSO THAT THE SCHOOL OBTAINS NO PARKING SIGNS ESTABLISHED ON THE SCHOOL PROPERTY SIDE OF THE STREET FROM, UH, PROPERTY LINE MARK FOUR 0.29 TO 3 3 0 0.17 DIMENSION LINE NOTED ON ITEM FOUR FOUR PRESENTATION SHEET AND BOARD MEMBER VAN OLIN.
YES, I WOULD ASK THAT THAT BE THAT WE REQUEST IT BECAUSE I DON'T KNOW THAT WE CAN UNILATERALLY I THINK WE HAVE TO BE APPROVED FOR THAT BY THE CITY.
THAT, THAT WOULD PROBABLY BE THE BETTER VERBIAGE.
UH, IT SHOULDN'T BE A PROBLEM BECAUSE I, I DID IT ON MY PROPERTY IN EAST AUSTIN.
BECAUSE I WAS CONCERNED ABOUT THE FIRE, FIRE DEPART.
I DON'T, I CAN'T IMAGINE IT NOT BEING APPROVED, BUT I DON'T THINK WE CONTROL THAT.
SO REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FREE REASONABLE USE BECAUSE THE PROPERTY IS PROHIBITED FROM TAKING ACCESS TO HILLVIEW ROAD BY REPORTED PLA NOTE.
AND ALL LEGAL ACCESS IS DEDICATED EXCLUSIVELY TO EXPOSITION BOULEVARD HARDSHIP.
THE HARDSHIP FOR WHICH VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THIS PROPERTY IS ENCUMBERED BY A RECORDED PLAT NOTE THAT PROHIBITS VEHICULAR ACCESS FROM HILLVIEW ROAD AND DEDICATES ACCESS EXCE EXCLUSIVELY TO EXPOSITION BOULEVARD.
THIS RESTRICTION WAS NOT OF THE APPLICANT'S MAKING AS AND IS SPECIFIC TO THIS PARCEL.
THE HARDSHIP ARISES FROM THE TECHNICAL APPLICATION OF STREET WIDTH STANDARD TO A ROAD.
THE PROPERTY IS LEGALLY FORBIDDEN TO USE THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE RECORDED PLAT NOTE PROHIBITING HILLVIEW ROAD ACCESS AND DEDICATING ACCESS TO EXPOSITION BOULEVARD APPLIES ONLY TO LOT ONE AND TWO OF THE SANCTUARY SUBDIVISION.
THE AREA CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICT IN WHICH A PROPERTY IS LOCATED.
BECAUSE THE PURPOSE OF SECTION 25 2 8 3 2 DASH ONE IS TO ENSURE A PRIVATE SCHOOL SITE HAS ADEQUATE STREET ACCESS TO SAFELY ACCOMMODATE SCHOOL GENERATED TRAFFIC.
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PURPOSE IS FULLY SATISFIED HERE AS ALL ACCESS OCCURS EXCLUSIVELY VIA EXPOSITION BOULEVARD, WHICH MEETS THE REQUIRED WITH STANDARD NO ACCESS FROM HILLVIEW ROAD IS PROPOSED OR PERMITTED, MEANING NO NEW TRAFFIC IMPACTS ON HILLVIEW ROAD WILL RESULT.UH, DID THAT ENCOMPASS THAT PORTION THAT WAS ON THE PLAT, THAT RESTRICTION? WELL, THE ONLY, UH, YOU'RE TALKING ABOUT THE, UH, WHERE I'M REQUESTING THE NO PARKING SIGNS, CORRECT? YES.
THAT, THAT IT, THAT, UH, IT ENCOMPASSES ALL THE PROPERTY WITHIN THAT AREA.
THAT IS SCHOOL PROPERTY FROM PROPERTY LINE TO PROPERTY LINE.
ANY QUESTIONS REGARDING THAT MOTION? OKAY, SEEING NONE, WE WILL GO AHEAD AND TAKE THE VOTE.
UM, MR. RAMIREZ, DID YOU GET EVERYTHING THAT YOU NEEDED ON THAT? OKAY.
WE WILL START WITH THE VOTE ON THIS, UH, BOARD MEMBER YATES? YES.
UH, BOARD MEMBER MEDINA LEAL? YES.
UH, BOARD MEMBER VON OWEN? YES.
UH, BOARD MEMBER ABDULLAH? YES.
AND LAST BUT NOT LEAST, BOARD MEMBER MCCLELLAN? YES.
YOURS VARIANCE HAS BEEN GRANTED.
HOPEFULLY WE'LL SEE YOU BACK ON THE OTHER PORTION AND GET THAT TAKEN CARE OF.
UH, REAL QUICK, WE'VE GOT A COUPLE OF THINGS WE NEED TO TAKE CARE OF JUST FOR PAPERWORK PURPOSES SINCE I MESSED IT UP LAST TIME AND IT GOT CARRIED FORWARD AS I WAS SO GRACIOUSLY REMINDED, UH, THE MONTHLY REPORT, EVERYBODY REVIEWED IT.
IF WE HAD MELISSA HERE, WE WOULD, SHE WOULD SAY IT JUST LOOKS LOVELY.
[7. Report from working group on outcomes of BOA decision on Case No. C15-2025-0035 (made during BOA Meeting on November 10), specifically with respect to guidance given to staff regarding habitable attic space and how it figures into calculation of FAR.]
ITEM NUMBER SEVEN.UH, THE REPORT FROM THE WORKING GROUP ON THE OUTCOME OF THE BOARD OF, UH, OF ADJUSTMENTS DECISION.
UH, THIS IS ON THE FAR ON THE ATTIC SPACE.
DO YOU GUYS WANT TO TALK ABOUT THAT NOW OR DO YOU WANT TO POSTPONE THAT UNTIL THE NEXT MEETING? UM, I THINK WE CAN, WE CAN KIND OF STAY, I CAN SAY A LITTLE BIT ABOUT THE MEETING THAT WE HAD.
UM, WE, YOU KNOW, WE KNOW THAT THERE WAS AN IMPACT, UM, YOU THAT WAS KIND OF UNANTICIPATED FROM THAT DECISION.
UM, WE KNOW THAT, YOU KNOW, THE ATTIC PROVISION WAS SORT OF ADDED TO THE DECISION LAST MINUTE.
AND, UM, I THINK WHAT, COMING OUT OF THE MEETING, WE BASICALLY SAID WE'D LIKE TO HEAR FROM DEVELOPMENT SERVICES ABOUT HOW THAT, WHAT THE IMPACT HAS BEEN, WHETHER IT'S BEEN POSITIVE OR NEGATIVE.
AND THEN I THINK, UM, BOARD MEMBER S OR POTI, CORRECT ME IF I'M WRONG, BUT I THINK WE ALSO DISCUSSED WHETHER THE BOARD WANTS TO HEAR FROM, UH, YOU KNOW, RAISING THE ISSUE OF DO WE WANT TO HEAR FROM, UH, APPLICANTS WHO ARE AFFECTED OR, YOU KNOW, DEVELOPERS WHO ARE AFFECTED, UM, WITH THE UNDERSTANDING THAT WE CAN'T REALLY CHANGE MUCH.
SO, UM, YOU KNOW, THAT THAT'S KIND OF WHERE WE GOT IS LIKE REALLY MORE INFORMATION GATHERING ABOUT DO WE WANNA HEAR FROM DEVELOPMENT SERVICES, DO WE WANT TO HEAR FROM THE DEVELOPERS AND KIND OF PUTTING THAT TO THE BOARD.
UM, OR DO WE WANT TO SAY, YOU KNOW, DEVELOPMENT SERVICES HAS IT COVERED AND, AND LET'S MOVE ON.
IT LOOKS LIKE A BOARD MEMBER PETITE HAS SOMETHING TO ADD.
YEAH, I, I KNOW, I THINK IT WAS A MONTH AGO, BSD HAD A PRESENTATION TO DEVELOPERS ON THE IMPACTS OF THE DECISION.
UH, BUT I DON'T BELIEVE IT WAS PUBLICLY POSTED.
I WAS NOT ABLE TO ATTEND THE MEETING.
SO GETTING ACCESS TO THAT RECORDING OR THEM JUST GIVING US THE SAME PRESENTATION WOULD BE USEFUL, I THINK.
MAYBE WE CAN JUST MAKE THAT REQUEST OF DEVELOPMENT SERVICES.
I ACTUALLY SAW, I WAS THERE FOR A PART OF THAT PRESENTATION ON THAT AND UM, BUT I AS BEING PART OF THIS WORKING GROUP THAT WAS THERE.
[01:10:01]
I'M SORRY, I WAS NOT PROVIDED INFORMATION TO BE ABLE TO BE PART OF THAT GROUP.THAT'S PART OF MY CONCERNS WITH IT.
UH, SO THAT, UH, THERE WAS ACTUALLY, YOU KNOW, UH, A LOT MORE DISCUSSION ON IT AND TRYING TO UNDERSTAND EXACTLY WHAT WAS GOING ON.
SO, UM, I GUESS AT LEAST WE GOT THIS OFF OUR PLATE AND SAYING THAT AT LEAST Y'ALL MET WHAT, TRYING TO FIGURE OUT WHAT FINDING SHOTS HAD FOUND.
WELL, WE CAN, WE CAN HAVE ANOTHER MEETING TOO.
I MEAN, THE NOTIFICATION WAS JUST BY EMAIL TO YOUR OUTLOOK EMAIL, SO WE CAN, WE CAN MEET AGAIN WHEN MORE PEOPLE CAN ATTEND.
'CAUSE I KNOW HEATHER, UM, MELISSA, WHY DID I SAY HEATHER? UM, MELISSA WAS ALSO INTERESTED IN ATTENDING.
'CAUSE I, I, I KNOW THAT THIS IS A HOT BUTTON ITEM, UH, AND THAT WAS JUST TRYING TO FIGURE OUT WHICH WAY THIS THING WAS GONNA GO.
WELL IF Y'ALL DECIDE Y'ALL WANNA DO THAT AGAIN, LET US KNOW SO WE CAN MAYBE HAVE A, HAVE THAT CONVERSATION.
I HAVE A QUESTION BOARD MEMBER.
VALENTINE LOOKS LIKE SHE MIGHT HAVE SOMETHING.
I COULDN'T FIND A RAISE YOUR HAND IN THIS, UH, WEBEX THING.
UM, I, UH, DO HEAR ABOUT THIS OUTSIDE OF, UH, THE, UH, COMMISSION HERE, UM, BECAUSE I ALSO, UH, WORK WITH THE BOARD OF REALTORS.
SO IT'S INTERESTING, UM, INFORMATION.
I WOULD REALLY LIKE TO HEAR WHAT DSD HAS TO SAY AND WHAT THEY THINK.
UM, BECAUSE IT, IT DOES MAKE A DIFFERENCE AND IT DOES REALLY IMPACT INFILL, UM, IN, IN SOME CASES.
SO, UM, LEARNING MORE ABOUT DSDS, UM, DECISIONS AND WHY THEY MADE THEIR ORIGINAL DECISION AND HOW THEY INTEND TO MOVE FORWARD, I THINK WOULD BE VERY HELPFUL.
UM, SO THAT WE DON'T GET, UM, HOPEFULLY WE DON'T GET PUT IN THIS PARTICULAR POSITION AGAIN.
IT'LL BE SOMETHING TOTALLY DIFFERENT.
UH, CHAIR, UH, BOARD MEMBER BON HAD A QUESTION.
YOU'RE GONNA SAVE IT? YEAH, I'LL SAVE IT.
WELL THANK YOU FOR THAT INFORMATION.
UH, YEAH, I ONLY CAUGHT PART OF THE DSD PRESENTATION ON PART OF THEIR DEAL THAT, THAT THEY WERE TALKING ABOUT FOR THAT CLASS THAT THEY HAD ON THAT, AND I'VE BEEN WAITING ON THE REST OF THAT TO COME BACK OUT, SO.
UH, I GUESS WE'LL KIND OF LEAVE THAT OPEN FOR ANOTHER DISCUSSION LATER ON IF WE CAN GET THIS OTHER INFORMATION.
WE'LL, I'LL GUESS, WE'LL I'LL GET WITH, UH, MS. ELAINE AND TRY TO GET THAT FIGURED OUT.
AND THE LAST ITEM, CAN WE, SORRY TO INTERRUPT.
COULD WE, COULD WE ASK, IS IT PREMATURE TO ASK THAT DEVELOPMENT SERVICES, UH, ATTEND OUR NEXT BOA MEETING SO WE CAN ASK SOME OF THESE QUESTIONS? I THINK WE COULD PROBABLY DO THAT.
SEE WHAT THEY HAVE TO ALLOW? YEAH, I CAN, I CAN TRY TO REACH OUT AND I CAN'T MAKE PROMISES THAT THEY'LL RESPOND OR SAY YES, BUT I'LL DO MY BEST TO REACH OUT.
WELL, YEAH, I I'M STILL CURIOUS ABOUT GETTING THE VIDEO OUT THAT THEY DID THAT TALKED ABOUT ALL THIS TOO.
THAT WAY IT'D BE, IT'D BE GOOD TO REVIEW BEFORE THEY EVER COME AND TALK TO US ABOUT THAT ALSO.
SO LET ME, WE'LL WORK ON THAT AND SEE IF WE CAN GET THE, AT LEAST GET THAT VIDEO.
'CAUSE THAT WAS PART OF THEIR, UH, LEARNING PROCESS THAT THEY WERE DOING FOR CONTRACTORS AND PEOPLE THAT, THAT DEAL WITH THIS STUFF.
CAN I REDIRECT MY QUESTION REAL QUICK? YES, SIR.
SO I WAS IN BOARD MEMBER MCC, I WAS IN THE, UH, THE PRESENTATION ABOUT THE FAR.
AND I'M CURIOUS, WAS THAT PRESENTATION IN REFERENCE TO OUR RULING OR LIKE, WHAT'S, WHAT'S THE, WHAT'S THE SEQUENCE OF EVENTS HERE THAT WAS BASED UPON, BASED UPON MY DETERMINATION AND, AND BEING SET UP, THEY, THEY SCHEDULED THE CLASS.
THEY THEN CANCELED THE CLASS SAYING THAT THE BOARD OF ADJUSTMENTS WAS MAKING SOME TYPE OF ISSUE.
IT THEN CAME OUT AFTER THIS WAS THE, UH, NORTH, UH, UNIVERSITY DECISION.
UM, AND, AND THEN THEY DECIDED TO HAVE THE CLASS AGAIN MM-HMM
WHICH THEN I MISSED PART OF WHAT THEY WERE TO TALK TO, TO SEE WHETHER HOW IT KIND OF FIT IN.
SO YEAH, IT'S ALL BASED UPON SOME OF THAT.
IT WAS, CAN I JUMP IN? YES, MA'AM.
UM, SO YES, I ACTUALLY WAS ABLE TO ATTEND IT AND IT, IT SEEMED LIKE, IT SOUNDS LIKE EXACTLY WHAT THE CHAIR JUST DESCRIBED.
IT WAS A GENERAL CLASS ON SOME OF THE REQUIREMENTS, UM, AROUND ATTIC SPACE AS WELL AS SOME OTHER, SOME OTHER ISSUES, UM, OR SOME OTHER MATTERS.
AND IT SOUNDS LIKE WHAT HAPPENS IS THAT THEY CANCELED IT ONCE THE BOARD OF ADJUSTMENTS MADE THAT DECISION SO THAT THEY COULD REWORK IT TO MAKE SURE IT'S IN LINE WITH THE DECISION.
THE ACTUAL PIECE THAT WE KIND OF OPINED ON, WHICH WAS THAT IT DOESN'T MATTER MATTER WHETHER THE FLOOR IS LOAD BEARING OR NOT, WAS ACTUALLY A PRETTY MINOR PART OF THE CLASS.
I MEAN, THAT WAS LIKE ONE REQUIREMENT.
AND THEN THEY TALKED ABOUT A WHOLE NOTHER, YOU KNOW, BODY OF REQUIREMENTS
[01:15:01]
RELATED TO WHAT CONSTITUTES ANOTHER FLOOR.SO THEY KIND OF MENTIONED THE FACT THAT THE FACT THAT WHETHER OR NOT IT'S LOAD BEARING MATTER OR DOESN'T MATTER, BUT THEN THEY WENT THROUGH ALL THE THINGS THAT DO MATTER.
SO IT WAS, IT WASN'T LIKE A PRESENTATION SPECIFICALLY ABOUT OUR DECISION.
YEAH, I'D LOVE TO HEAR WHAT DEVELOPMENT SERVICES HAS TO SAY.
I WOULD ALSO JUST LIKE TO THROW OUT THAT THE ONLY REASON THAT CASE EVER CAME TO US WAS BECAUSE DEVELOPMENT SERVICES BUNGLED IT AT LEAST THREE TIMES OVER.
SO WITH THAT CAVEAT, AND IT'S, LET'S HEAR THEM GOING IN ANOTHER DIRECTION TOO, SO.
WELL, WE'LL GET, WE'LL SEE WHAT WE CAN GET WORKED ON THAT.
UH, THANK YOU EVERYBODY FOR Y'ALL'S INPUT ON THAT.
SO ARE WE PUTTING SOMETHING ON THE AGENDA FOR, UM, THE NEXT MEETING IN CASE DSD IS SOMEBODY FROM DSD IS ABLE TO ATTEND TO TALK ABOUT THE ATTIC ISSUE? I THINK WHAT WE PROBABLY OUGHT TO DO IS FIRST RESEARCH IT AND FIND OUT WHAT WE CAN GET AND THEN WE CAN, THEN WE CAN SCHEDULE IT.
HOW DOES THAT SOUND? YEAH, BECAUSE IF IT'S ON THE AGENDA, NOBODY'S ABLE TO COME.
WE DON'T HAVE TO TALK ABOUT IT.
BUT I DON'T WANT SOMEBODY TO SHOW UP AND THEN SAY LIKE, HEY, IT WASN'T ON THE AGENDA, IT WASN'T POSTED WELL, AND I'M GONNA FIND OUT THE REST OF THE CAVEATS BASED UPON SOME OF THE OTHER THINGS AS BEFORE WE SCHEDULE IT TO SEE WHETHER OR NOT WHAT WAS GOING TO, HOW THAT'S GOING TO WORK WITH, UH, SOME OF THE OTHER ISSUES THAT, THAT FELL WITHIN THAT, THAT REALM.
I DON'T KNOW IF IT WILL IMPACT IMPACT THAT, THAT PARTICULAR PORTION OR NOT.
UH, BUT THAT IS GOING TO BE AN INTERESTING THING, BUT POINT VERY WELL TAKEN, SIR.
[8. Discussion on executive session approval process and the need to be posted on the agenda in advance with specifics]
BUT NOT LATE.WELL, THERE'S TWO MORE ON NUMBER EIGHT WAS THE DISCUSSION ON THE EXECUTIVE SESSION ABOUT THE, THE NEED OR APPROVAL PROCESS AND NEED TO POSTPONE ON THE AGENDA IN ADVANCE OF SPECS.
I DON'T GUESS THERE'S REALLY ANY DISCUSSION ON THAT.
ANYBODY HAVE ANYTHING ON THAT? AND, UH, I GUESS GO AHEAD, CHAIR.
THERE YOU'RE, UM, IS THAT, IS THERE A QUESTION ABOUT THAT ITEM OR WHAT THE QUESTION WAS? BECAUSE WE HAD A CONFUSION IN THE LAST AGENDA BECAUSE IT GOT ADDED ON AND I DIDN'T COVER IT AND IT GOT CARRIED OVER.
IT NEEDED TO BE ADDRESSED IS THE REASON WHY WE'RE ADDRESSING IT NOW, BECAUSE I GOOFED UP ON MY FIRST TIME.
I GUESS MY QUESTION, MAYBE IT'S FOR LEGAL.
I, I I WOULD, I MEAN, SH WE DON'T HAVE THE CITY ATTORNEY WHO'S HERE WA WHO SHE WAS HERE THAT, THAT TIME WE HAD IT.
I THINK THAT ITEM WAS THERE, BUT I MEAN, MY OPINION IS, UM, THIS BOARD OF ADJUSTMENT IS UNIQUE FROM THE, I DON'T KNOW HOW MANY BOARD AND BOARD AND COMMISSIONS THAT THE CITY OF AUSTIN HAS.
THIS IS THE ONLY ONE THAT, UM, IS LIKE A, ALMOST LIKE A JUDICIAL BODY, SOVEREIGN, UH, WHAT WAS THAT? SOVEREIGN BOARD? SOVEREIGN SO BOARD, THANK YOU.
AND SO I WOULD SAY THAT, UM, WHEN WE ALL, I, I WAS BEING, I WAS ONE OF 'EM 'CAUSE I'M A ROOKIE.
I, I, UH, I WOULD STATE THAT THE, THE CLOSED SESSION, MS. HERRERA, I MEAN CITY OF AUSTIN'S NOT HERE.
THE ASSISTANT CITY AUSTIN ATTORNEY'S NOT HERE, BUT I THINK IT TOOK A LOT OF YOUR WORK TIME, MS. LOPEZ, MS. RAMIREZ AND STUFF TO JUST TO GET THAT ONE CLOSED SESSION, UH, SET UP.
I KNOW IT HAS TO WORK WITH THAT AS WELL, BUT I WOULD, I WOULD ASK THAT I WOULD THINK MAYBE, I MEAN, I'M MAYBE THE ONLY ONE, ONE OF 11 THAT WE HAVE SOME MORE STREAMLINED PROCESS WHERE, UM, UNLIKE THE OTHER, YOU KNOW, 90 SOMETHING PERCENT OF COMMISSIONS WE'RE THE ONLY ONE WHO SHOULD HAVE SOME TYPE OF, UH, I, I DON'T SOME TYPE OF MORE STREAMLINED PROCESS WHERE IT DOESN'T TAKE A LOT OF YOUR WORKLOAD AND MS. RAMIREZ'S WORKLOAD AND STUFF TO GET SOMETHING SET UP WHEN WE HAVE AN ISSUE.
AND IDEALLY, I WOULD LIKE A SITUATION WHERE IF WE'RE IN THE MIDDLE OF A HEARING, EXCUSE ME, A MIDDLE OF A BOARD OF ADJUSTMENT, WE CAN GO BACK INTO A CLOSED SESSION IN THE MIDDLE OF IT.
UM, IF, IF THAT'S POSSIBLE, MAY, SO THAT'S MY OPINION, MAY TECHNICALLY WE USED TO, THAT'S THE WAY IT USED TO BE FOR YEARS AND YEARS, DECADES.
AND SO IT'S ONLY RECENTLY BECAUSE OF THE FACT THAT WE HAVE PEOPLE THAT AREN'T ON THE DAIS, THAT IT CREATED THIS ISSUE WHERE WE HAD ALL THE COORDINATION HAS TO BE DONE WITH THE IT FOLKS AND EVERYBODY ELSE TO MAKE SURE THAT IT GOES FROM HERE INTO THE ROOM AND THEN, YOU KNOW, IT COMES BACK OUT HERE.
AND SO THE PEOPLE THAT WERE PRO PROVIDING, AND I'M, I AGREE WITH YOU.
I FEEL LIKE, UH, IT USED TO BE THE CHAIR TWO, TWO MEMBERS COULD ASK FOR AN EXECUTIVE SESSION AND WE WENT, BUT THAT'S WHEN EVERYBODY SHOWS UP TO ON THE DAIS, THE, THE COMPLICATION CAME WHEN WE WENT TO THIS HYBRID TYPE MEETING MEETING SPACE.
BUT I DO SUPPORT YOU ON TRYING TO FIND A MORE STREAMLINED WAY OF BEING ABLE TO, TO, TO GO INTO EXECUTIVE SESSION RATHER THAN HAVING TO SEND, YOU KNOW, IT SHOULDN'T BE LEGAL'S OPINION WHETHER WE CAN HAVE AN EXECUTIVE SESSION OR NOT.
WE SHOULDN'T HAVE TO SEND OUR REASON FOR WHY WE
[01:20:01]
WANNA HAVE EXECUTIVE SESSION PRIOR, YOU KNOW, A WEEK OR TWO WEEKS BEFORE WE DO IT.BUT I ALSO UNDERSTAND WHY THEY, THEY WANNA TAKE A LOOK AT IT BECAUSE THEY MIGHT BE ABLE TO RESPOND TO US THROUGH OUR CITY EMAIL AS LONG AS IT'S NOT A ROLLING QUORUM TO MAYBE ANSWER SPECIFIC BOARD MEMBERS' QUESTIONS.
DOES THAT MAKE SENSE? IT DOES.
BUT, UM, LEGAL WAS, UH, EDUCATED ME THAT THERE'S ACTUALLY A CODE THAT SAYS YOU HAVE TO, UH, A CITY OF AUSTIN CODE THAT YOU HAVE TO, ALL THE BOARDS AND COMMISSIONS HAVE TO GET PERMISSION FROM THE CITY ATTORNEY AHEAD OF TIME.
THAT, THAT, EXCUSE ME IF I MAY, THAT MAY, THAT MAY BE A CITY WANTS TO DO THAT.
BUT BY OPEN RECORDS, ROBBERY RULES OF ORDER AND BY THE STATE, WHICH WE ARE ALSO GOVERNED BY THE STATE, THAT'S NOT A REQUIREMENT.
THAT'S THE, THAT'S THE ARGUMENT I WAS MAKING AS WELL.
AND SO I WAS JUST SAYING, SO IT DOESN'T, UH, BE A BURDEN ON OUR STAFF WHO'S ALREADY WORKING A FULL-TIME JOB.
THE MS. RAMIREZ, MS. HERRERA, MS. LOPEZ IS, I, I GUESS MY OPINION IS TO SOMEHOW FIND A MIDDLE GROUND, UH, THAT WOULD BE IDEAL.
AB ABSOLUTELY IF, BUT SOMETHING WHERE WE WOULD BE ABLE TO DO THAT.
MAYBE IT KNOWS THAT THIS IS, THIS IS THE ONE BOARD THAT WE HAVE TO BE MAYBE A LITTLE BIT, UH, SET UP FOR TO MAYBE GO BACK IN THE ROOM IF ON, ON A SPUR OF A NOTICE TYPE SITUATION.
SO I, I DO WANT TO CLARIFY, UM, THAT WE ACTUALLY DO HAVE ONE OTHER QUASI-JUDICIAL BOARD, WHICH IS THE BUILDING AND STANDARDS COMMISSION, WHOM I ALSO ADVISE, WHICH IS WHY I SOMETIMES HAVE DIFFICULTIES BECAUSE THE BSC, FOR EXAMPLE, CAN ONLY RECEIVE TESTIMONY AND EVIDENCE AT THE TIME OF THEIR PUBLIC HEARING.
AND THAT IS WHAT THEY CONSIDER AND BASE THEIR DETERMINATIONS ON.
AND SO, UH, SHIFTING GEARS, SO TO SPEAK, CAN SOMETIMES BE A BIT A BIT CHALLENGING.
BUT, UH, JUST TO MAKE SURE THAT YOU ALL UNDERSTAND, CERTAINLY I WILL FIND OUT AND INVESTIGATE EXACTLY WHAT YOU ALL HAVE TO, CAN RELY UPON.
UM, BECAUSE I DO AGREE THAT IT IS IMPORTANT THAT YOU ALL MAKE THE REQUIRED FINDINGS, UM, AND, AND YOU DO SO WITH CAUTION.
SO I DO APPRECIATE YOUR, YOUR CAUTIOUS APPROACH TOWARDS THAT.
NOW, I THINK AS FAR AS THE EXECUTIVE SESSION, UM, IT'S BEEN MY UNDERSTANDING THAT YES, IN THE PAST, UH, BOARDS AND COMMISSIONS HAVE BEEN ABLE TO RETREAT TO AN EXECUTIVE SESSION.
UM, AND I THINK COMMISSIONER OR BOARD MEMBER VO AND YOU DO POINT OUT THAT SOME OF THE PRACTICAL LOGISTICS HAVE MADE IT SUCH THAT WE NEED TO MAKE SURE WE HAVE A ROOM PREPARED AND THAT WE'RE ABLE TO BROADCAST TO OUR MEMBERS WHO ARE ATTENDING VIRTUALLY.
UM, NOW TOMA, THERE ARE CERTAIN RESTRICTIONS PLACED AS FAR AS WHEN A, AN EXECUTIVE SESSION MAY BE HAD.
UM, ONE OF THOSE OF COURSE IS LEGAL ADVICE FROM COUNSEL, BUT THERE ARE SOME ADDITIONAL LIMITATIONS ON THAT.
UM, I KNOW THAT ONE SUCH LIMITATIONS, OF COURSE, IF THERE IS A MATTER IN ACTIVE LITIGATION, UM, BUT ALSO I THINK THERE'S SOME DEGREE OF DISCRETION I GIVEN TOWARDS THE ATTORNEY OR TO THE CITY ATTORNEY TO DETERMINE WHETHER IT IT'S GOING TO FIT WITHIN THE TOMA THAT THAT TOMA UMBRELLA.
UM, SO I THINK THAT'S PART OF PERHAPS WHY THERE IS THAT REQUIREMENT.
SO AT LEAST AS YOU POINTED OUT, CHAIR, UH, COMMISSIONER, BOARD MEMBER VON OLIN CHAIR, NO, MY APOLOGIES.
CHAIR BOWEN, MY APOLOGIES, CHAIR BOWEN.
BUT I DO THINK KIND OF HAVING THAT CAUTIOUS APPROACH TO MAKE SURE THAT IF THERE IS A CHALLENGE, WE WOULD BE ABLE TO, TO, TO MEET THAT CHALLENGE AND SURVIVE THAT CHALLENGE IS WHY THE CITY ATTORNEY ALSO PUTS EYES.
UM, I DO WANNA POINT OUT THAT YES, WHILE THERE IS A LOT OF WORK THAT GOES INTO PREPARING AND MAKE SURE, MAKING SURE THAT WE AT LAW ARE PREPARED TO GIVE YOU LEGAL ADVICE.
I, I THINK THAT, AND I, I WOULD THINK THAT, UH, MS. LOPEZ WOULD ALSO AGREE THAT'S PART OF THE JOB.
AND WE WANT TO MAKE SURE THAT WE ARE PROVIDING YOU WITH THE BEST LEGAL ADVICE AND THAT WE ARE BEING THOROUGH IN OUR CONSIDERATION OF, OF ANY QUESTIONS THAT YOU MAY HAVE.
AND SO ANY PRESENTATION THAT WE MAY PUT TOGETHER, YOU KNOW, WHILE THAT MAY TAKE SOME TIME, PLEASE UNDERSTAND THAT, THAT WE ARE HAPPY TO DO IT.
WE JUST WANNA MAKE SURE THAT WE'RE ADDRESSING YOUR CONCERNS AND YOUR QUESTIONS ADEQUATELY AND THOROUGHLY.
SO I DON'T WANT THAT TO BE A CAUSE FOR CONCERN FOR YOU ALL, AS WHY, AS TO WHY, YOU KNOW, WE SHOULD OR SHOULD NOT CONTINUE A, A PROCESS IF YOU HAVE OTHER REASONS.
AND, AND YOU MAY HAVE OTHER CONCERNS, BUT I DON'T NECESSARILY WANT THE BURDEN ON LAW TO NECESSARILY BE, UH, ONE OF THOSE REASONS IF, UM, AND SO I THINK, I THINK THAT'S THE ONLY INPUT I HAVE FOR YOU ALL IS, IS WE WANT TO MAKE SURE THAT, THAT WE ARE, UM, GOING INTO EXECUTIVE SESSION WHERE APPROPRIATE.
BUT ALSO LAW WANTS TO MAKE SURE THAT FROM OUR PERSPECTIVE, WE JUST WANNA MAKE SURE THAT WE'RE PREPARED.
[01:25:01]
DOES GET KIND OF CRAZY SOMETIMES TRYING TO FIGURE OUT, ESPECIALLY WHEN WE WENT THROUGH THAT LAST RIGAMAROLE.HOPEFULLY IT'LL BE A WHILE BEFORE WE SEE ANOTHER ONE OF THOSE.
[9. Approval of changes to BOA rules and procedures to limit time for registered speakers]
AND LAST BUT NOT LEAST, ITEM NUMBER NINE, APPROVAL OF CHANGES THE BOARD RULES OR BOARD OF ADJUSTMENT RULES AND PROCEDURES TO LIMIT TIME ON REGISTERED SPEAKERS.UH, PERSONALLY, I, WE JUST KIND OF GOT A FEW OVER THOSE TIMES THAT WE HAD THOSE, THAT LONG PRESENTATION ON THAT.
UM, AND, UM, BOARD MEMBER HAWTHORNE, UM, I KNOW, UH, UH, BOARD MEMBER
UM, EVERYONE IS, UM, I, I GUESS I, I, BOARD MEMBER OF VAL O UM, HAWTHORNE MADE IT CLEAR THAT SOMETIMES IT DOES GO OVER AND YOU WANNA BE REALLY CAREFUL.
SO IF I UNDERSTAND IT, IT MAY BE LEGAL OR, UH, AND ONE OF THE BOARD MEMBERS CAN TELL ME, UM, SOMETIMES IT GOES TO THREE MINUTES AND THEN IT'LL GO DOWN TO TWO MINUTES AND THEN THEY'LL, YOU CAN STOP IT.
I THINK CHAIR CAN STOP IT AT ANY TIME, I BELIEVE.
UM, I WOULD JUST STATE THAT IS IT TRULY SAVING US TIME? SO I, I THEN THAT, THAT PORTION, I AGREE WITH HAVING PEOPLE SEE WHO'S RAISING HAND AND GIVING TIME AND STUFF.
IT SEEMS TO ME THAT'S A MORE TIME CONSUMING THING.
AND THAT ALSO MAKES IT UNEQUAL SAYING, GIVING NINE MINUTES TO ONE PERSON, FOR EXAMPLE, OR 12 MINUTES.
I, I, MAYBE THAT'S AN EXTREME SITUATION.
SO I WOULD, I WOULD ARGUE TO SAVE TIME, WE KEEP EVERYTHING AND JUST KEEP, NOT ALLOW TIME TO BE BORROWED.
AND THAT MIGHT STREAMLINE THINGS.
I DON'T THINK THE BORROWING TIME OR THE DONATING TIME.
WELL, ON IN REGARDS TO EVEN DONATIONS, IT COULD BE THAT THAT WOULD BE LIMITED, UH, SUCH AS IT IS AT DIFFERENT TIMES, UH, ESPECIALLY WHEN YOU'RE, WHEN YOU'RE DOG PILING ON TOP OF IT, SO TO SPEAK.
BUT I, I ALSO AGREE THAT WE, UM, I THINK WE SHOULD HAVE SOME DISCRETION UP HERE BASED UPON WHAT, WHAT IT IS THAT, HOW, HOW MUCH RESISTANCE OR SUPPORT THERE MAY BE.
WAS ONE OF THE, UH, I DON'T KNOW IF WE HAVE SPECIFIC PROPOSALS THAT WE HAD IN MIND, BUT ONE, ONE IDEA I THOUGHT OF WAS MAYBE, UH, I DON'T KNOW IF WE CAN DO THIS, BUT MAYBE HAVE LIKE A LIMIT ON HOW MUCH TIME AND WE GET ON ANY PARTICULAR CASE BECAUSE, BUT THAT'S WHAT IT WAS.
IT'S, IT'S, MOST OF THESE ARE, ARE PRETTY QUICK.
BUT, UM, WE HAVE A FEW HERE AND THERE WHERE, YOU KNOW, PEOPLE WILL COME IN FOR TWO HOURS AND GIVE 50 COMMENTS.
BUT, UH, WE, WHICH ARE CERTAINLY UNENTITLED TO UNDER, UNDER THE CURRENT RULES, BUT I DON'T, I MEAN, AT LEAST I FIND IT DOESN'T REALLY HELP US UNDERSTAND WHEN WE GET, YOU KNOW, 40 COMMENTS SAYING THE SAME THING OVER AND OVER AGAIN.
I THINK, I THINK THAT IS A LOT OF OUR FRUSTRATION.
SO, UH, I WANT TO KNOW IS, IS THAT SOMETHING WE CAN, WE CAN CONSIDER, I DON'T KNOW IF THAT'S A LEGAL QUESTION OR, YES, SIR.
BOARD MEMBER BON ON TO, TO SPRINGBOARD OFF HIS COMMENTS.
I THINK ONE OF THE THINGS THAT WE CAN DO IS JUST LIMIT SPEAKER TO THE THREE MINUTES PER SPEAKER PERIOD.
YOU CAN'T, YOU CAN'T GIVE YOUR TIME OFF BECAUSE WHAT THAT'S GONNA DO IS THAT WILL PUT THE ONUS UPON THE PEOPLE THAT WANT TO SPEAK.
THEY NEED TO SIT DOWN AND GET THEIR SCRIPT TOGETHER.
OKAY, YOU'RE GONNA DO THE THREE MINUTES.
I CAN'T GIVE, YOU CAN'T GIMME TIME, BUT YOU BETTER PREPARE TO, TO SPEAK YOUR, YOUR WORK, YOU KNOW, SAY WHAT YOU HAVE TO SAY.
AND WHAT WILL HAPPEN IS IT WILL TONE IT DOWN BECAUSE THERE'S A LOT OF PEOPLE THAT REALLY DO, UH, HAVE A FEAR OF PUBLIC SPEAKING AND WON'T, WON'T SPEAK.
SO IT MAY, IT MAY WORK IN ITS OWN WAY TO SORT OF, AND I DON'T LIKE TO USE THE THE TERM, BUT CALL THE HURT A LITTLE BIT AND, AND, AND BRING IT DOWN A LITTLE BIT.
I'M NOT QUITE SURE BECAUSE EVEN CITY COUNCIL, UNLESS, UH, IT MIGHT BE A POSTING ISSUE WHERE IT HAS TO BE POSTED THAT WE LI WE CAN ONLY LIMIT THAT TIME.
'CAUSE EVEN CITY COUNCIL THEMSELVES SIT UP HERE AND THEY LI THEY HAVE TO LISTEN TO HOURS ON END.
AND SOME OF IT I DO AGREE WITH YOU, SOME OF IT'S REPETITIVE.
WE, WE GOT IT THE FIFTH OR SIXTH TIME IT WAS STATED, YOU KNOW, BUT I'M NOT SURE THAT WOULD PROBABLY BE A QUESTION OR SOMETHING WE COULD ASK LEGAL TO LOOK INTO FOR THE FUTURE.
IF WE, IF WE CAN JUST LIMIT, YEAH, WE'RE GONNA OPEN PUBLIC, UH, SPEAK, UH, PUBLIC COMMENTS UP FOR 10 MINUTES.
OH, 10 MINUTES, BOOM, SHUT IT DOWN.
BUT I DON'T KNOW IF LEGALLY WE CAN DO THAT.
UH, IT'S AN INTERESTING CONVERSATION AS A FREQUENT FLYER AT CITY COUNCIL.
UH, I UNDERSTAND THE DIFFICULTIES AT TIMES AND THE, THE DIFFICULTIES IN BEING LIMITED TO TWO MINUTES, BUT YOU GOTTA LEARN TO BE ABLE TO MOVE IT FROM THERE.
AND I DO UNDERSTAND, UH, THE FEAR SPEAKING FROM SOME PEOPLE, BUT I THINK IT'S AN ONGOING ISSUE THAT I, I HOPE,
[01:30:01]
UM, THAT EVERYBODY HERE HAS, FEELS LIKE THEY NEED TO HAVE SOME TYPE OF INPUT OR SOME TYPE OF, UH, WE ARE HERE TO HELP, UH, BRING ON THE CONVERSATIONS AND TRY TO MAKE DECISIONS BASED UPON, BUT ALSO MAKE SURE THAT THE COMMUNITY, UH, GETS TO SAY THEIR PIECE, SO TO SPEAK.UM, I NOW I WAS GONNA SAY GO AHEAD.
YEAH, I JUST, I JUST HAVE A COMMENT.
SO I'M, I'M VERY IN FAVOR OF NOT HAVING PEOPLE DONATE TIME BECAUSE I THINK IT DOES LEAD TO THESE SITUATIONS WHERE YOU HAVE A WHOLE BUNCH OF PEOPLE SHOW UP TO GIVE ONE PERSON A BUNCH OF TIME TO SPEAK.
AND IT'S SORT OF, I DON'T KNOW, TO ME IT ALMOST LIKE SIDESTEPS THE CAP ON, ON THE TIME YOU HAVE TO SPEAK.
HOWEVER, I WOULD BE VERY OPPOSED TO, YOU KNOW, CAPPING THE TIME THAT THE COMMUNITY CAN SPEAK ON AN ISSUE.
BECAUSE I THINK IN WHAT, LIKE THAT'S, THAT IS A TOOL FOR THE PUBLIC TO ADVOCATE, RIGHT? IN THE SAME WAY THAT GOING OUT TO PROTEST SOMETHING, THE BODIES ON THE STREET IS LIKE PART OF YOUR MESSAGE, RIGHT? IT'S LIKE WE HAVE ALL THESE PEOPLE WHO FEEL THIS WAY AND I WOULD NOT WANT TO TAKE AWAY THE OPPORTUNITY FOR A COMMUNITY TO USE THOSE TOOLS TO ADVOCATE AS MUCH AS I DON'T WANNA HEAR THE SAME THING 40 TIMES.
ULTIMATELY I FEEL LIKE THAT'S MY JOB AND THAT'S THEIR RIGHT.
AND SO I WOULD, I WOULD JUST BE VERY OPPOSED TO LIKE A FULL ON LIKE 10 MINUTE CAP FOR DISCUSSION OF THIS CASE, REGARDLESS OF WHETHER IT'S LEGAL OR NOT.
I TEND TO AGREE WITH THE VICE CHAIR.
I THINK THAT'S, THAT'S REASONABLE LIMIT LIMITED TO THREE MINUTES AND PEOPLE CAN'T, UH, UH, DONATE THEIR TIME, BUT DO ALLOW EVERYBODY TO SPEAK.
I THINK, UH, UH, VICE CHAIR SHARON STEIN SAID BETH THAN I GAVE HER COULD.
SO I AGREE WITH EVERYTHING SHE JUST SAID, BUT I, I WOULD SAY THAT I AM, MAYBE WE'RE LOOKING FOR A VOTE.
I'M NOT SURE IF THIS IS A, A VOTE TO STRIP THE DONATION OF TIME FROM THE RULES AND PROCEDURES, WHICH IS IN THERE RIGHT NOW.
IT'S NOT IN THE BYLAWS, BUT IT'S IN THE RULES AND PROCEDURES, THE COURT ADJUSTMENT.
SO WE, PEOPLE CAN'T DONATE THEIR TIME.
I WILL SAY ONE THING ABOUT, UM, THEM SAYING I WOULD, I DEFINITELY WOULDN'T AGREE WITH THE, THAT THERE, THERE SHOULD BE.
IS THAT A MOTION? YEAH, I, I, I MUCH WITH THE, WELL, I WAS ONE CAVEAT SAYING THAT, UM, UH, I, I JUST THINK THAT, UH, ESPECIALLY WITH MANY, I'VE NOTICED IN THE SHORT TIME I'VE BEEN HERE THAT THERE'S LOTS OF GROUPS.
SO HOPEFULLY THEY WON'T BE SAYING THE EXACT SAME THING WHEN THEY KNOW THEY ONLY HAVE THREE OR BY THE CHAIR'S DISCRETION TWO MINUTES.
AND SO, UM, I THINK THEY'LL PROBABLY, THEY'LL PROBABLY COORDINATE, HOPEFULLY, UM, TO NOT SEE THE EXACT SAME THING.
SO ANY, ANYWAYS, I WOULD JUST STRIP THE, UH, DONATION OF TIME FROM THE, UH, FROM ALLOWING ANYONE CHAIR OR VICE CHAIR TO EVEN ALLOW THAT FOR, UM, BOARD OF ADJUSTMENT.
UH, BOARD MEMBER, BARRING CHAIR.
OH YEAH, I WAS, UM, YEAH, I THINK MY IDEA, IT IT, IT, I DON'T THINK IT WOULD REALLY PASS MUSTER ANYWAY BECAUSE IT'S NOT LIKE EVERYBODY'S COMING IN HERE AND SOME PEOPLE WERE SAYING WE, IT'S SUPPORT, SOME PEOPLE WERE SAYING IN OPPOSITION, BUT THEY'RE NOT ALL LIKE, COORDINATED TOGETHER, UH, WHERE YOU CAN REALLY WORK IT OUT.
LIKE, AND MAYBE I SHOULD JUST ACTUALLY SAY WHEN WE'RE HERE, HEY GUYS, IF YOU'RE GONNA SPEND ANOTHER HOUR SAYING THE SAME THING, THAT'S NOT GONNA HELP YOUR CASE.
'CAUSE WE'VE HEARD THE SAME, UM, AND MAYBE, YOU KNOW, IF NO PEOPLE AREN'T DONATING TIME, THAT'LL JUST WORK OUT TO, TO THE SAME.
UM, BUT ANTHONY THINK IF WE HAVE A SPECIFIC CHANGE, I THINK THAT NEEDS TO BE POSTED THOUGH, RIGHT? LIKE IF WE'RE, IF WE'RE DOING A SPECIFIC CHANGE OR, OR SOMETHING, I WOULD, I WOULD ASSUME, UM, YEAH, AND I SEE OUR LEGAL PERSON COMING UP, I WOULD ASSUME THAT WE PROBABLY NEED TO GET SOME CLARIFICATION AS TO, BECAUSE I KNOW THE CITY HAS TRIED TO CONSOLIDATE THE, THE RULES ON SPEAKING TO SEE HOW THAT'S HOW THAT WORKS.
UH, SOME OF THEM I HAVEN'T BEEN REAL OVERLY HAPPY ABOUT, BUT THERE AGAIN, THAT'S BECAUSE I'M A FREQUENT FLYER DURING CITY COUNCIL MEETINGS.
UM, I GUESS I'M A FREQUENT FLYER, SO, UM, BUT THAT WOULD BE NICE TO AT LEAST HAVE SOMETHING WHERE WE COULD GO, OKAY, HERE'S THE BOUNDARIES AND THEN WE CAN HAVE A DISCUSSION AND KIND OF GO FROM THERE.
THAT'S ACTUALLY SOMETHING I WAS GOING TO PROPOSE.
UM, I DO WANT TO JUST MAKE SURE EVERYONE'S CLEAR THAT WE, THAT SPEAKERS DO GET TWO MINUTES EACH, RIGHT? THAT IS, THAT IS THE MINIMUM AMOUNT OF TIME THAT THEY HAVE TO SPEAK.
BUT ALSO, UM, I DO HAVE CONCERNS ABOUT ELIMINATING DONATIONS OF TIME.
UM, AND THAT IS PEOPLE ARE ALLOWED TO DONATE THEIR TIME.
NOW, UH, WHAT WE CAN DO, TO YOUR POINT CHAIR BOWEN, IS LAW CAN PROVIDE YOU WITH THE PARAMETERS OF WHAT CAN BE DONE AND WHAT CAN NOT, CANNOT BE DONE AS FAR AS MODIFYING THE RULES OF PROCEDURE.
UM, BUT I JUST WANNA MAKE SURE THAT ONCE WE PROVIDE THAT INFORMATION, THAT WE STAY WITHIN THOSE PARAMETERS.
THIS WAY WE'RE NOT RUNNING THE RISK OF RECEIVING A CHALLENGE.
OKAY, THEN PLEASE, UH, LET'S GET THE BOUNDARIES AND THEN THAT WAY WE CAN AT LEAST GET THAT OUT SO THAT EVERYBODY CAN HAVE A CHANCE TO LOOK AT THOSE BOUNDARIES
[01:35:01]
AND, AND WHETHER OR NOT, UH, 'CAUSE WE'RE REALLY IN THE COUPLE OF THREE YEARS THAT I'VE BEEN HERE, ALTHOUGH I KNOW OUR FRIENDLY COLLEAGUE HAS BEEN HERE, I THINK YOU'VE LONGER THAN ULA YES.THEY JUST CHANGED CHAIRS AROUND HIM.
UM, BUT IT, IT WOULD BE INTERESTING JUST TO MAKE SURE THAT WE'RE FOLLOWING THOSE AND JUST TRYING TO MAKE SURE THAT WE'RE NOT OVERSTEPPING OR TRYING TO LIMIT, UH, THE PUBLIC INPUT.
UM, AND THAT'S WHAT I WANNA MAKE SURE IS THAT WE'RE NOT, WE'RE NOT QUELLING THOSE, AND YES, I, I DO GET TO HEAR ALL THE TIME THE SAME THING OVER AND OVER AGAIN, JUST IN A DIFFERENT TONE OR A DIFFERENT VOICE, BUT, UM, THEY DO HAVE A RIGHT TO SPEAK, MR. CHAIR.
COULD WE REQUEST THAT, UH, LEGAL SEND, THEY'VE DONE THIS ON OTHER ISSUES, SEND, UH, THEIR, WHAT THEY FIND, DETERMINE THE DETERMINATION TO ALL OF THE MEMBERS AND MAYBE WE CAN POST IT FOR OUR NEXT MEETING SO THAT WE CAN TAKE A VOTE IF WE NEED TO.
WE ALREADY HAVE, I I WOULD HIGHLY HOPE THAT WE CAN, WE COULD DO THAT.
IS THERE, IS THERE A PROBLEM DOING THAT SO THAT WE CAN GET THAT INFORMATION HOPEFULLY BEFORE THE NEXT MEETING, THEN WE CAN HAVE SOME TYPE OF A DISCUSSION ON THAT.
SO I THINK POSTING WOULD GET, WOULD GET INTO THAT, THAT LINE BETWEEN A CURRENT ATTORNEY-CLIENT PRIVILEGE.
SO FREQUENTLY WHEN WE ADVISE THE BOARD, I MEAN THE PURPOSE OF AN EXECUTIVE SESSION FOR EXAMPLE, IS SO THAT WE CAN PROVIDE YOU ALL WITH LEGAL ADVICE AND THEN RECEIVE ANY QUESTIONS YOU MAY HAVE.
UM, SO WHAT WE SEND TO YOU ALL TENDS TO BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE.
NOW TECHNICALLY, I SUPPOSE YOU ALL COULD WAIVE THAT, BUT I WOULD CAUTION AGAINST DOING SO.
UM, YOU CAN USE THAT INFORMATION AND I'LL, I'LL CHAT WITH MS. LOPEZ ON THIS AND WE CAN SEE IF THERE'S INFORMATION THAT MIGHT BE AVAILABLE TO THE PUBLIC.
BUT IN GENERAL, WHATEVER WE ADVISE THE BOARD TENDS TO BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE.
WELL, WHAT WE'RE NOT, WHAT I'M TALKING ABOUT IS, I'M NOT ASKING FOR YOUR ADVICE AS MUCH AS I'M ASKING FOR YOUR DETERMINATION OF WHAT WE CAN DO LEGALLY AND NOT LEGALLY.
AND, UH, WE'VE RECEIVED LETTERS FROM ERICA IN THE PAST ON UPCOMING CASES.
UM, JUST GIVING US A LITTLE HEADS UP, LEGALLY YOU HAVE TO STAY WITHIN THESE, THESE PARAMETERS.
AND THAT'S SORT OF WHERE I WAS GOING.
NOT NOT, UM, BECAUSE, AND I APPRECIATE EVERYTHING YOU'RE DOING IN HERE ALSO, BUT, UH, THE, IN THE PAST, EVEN WHEN BRETT WAS, BRETT USED TO BE OUR, UH, LEGAL LIAISON AND HE WOULD JUST GIVE US THE INFORMATION AND HE WOULD SAY, LOOK, THIS IS, THIS IS WHAT YOU CAN DO LEGALLY IF YOU GO OUTSIDE OF THESE PARAMETERS, THAT'S YOUR PREROGATIVE, BUT THIS IS WHERE YOU ARE LEGALLY.
AND THEN IT'S UP TO YOU GUYS TO MAKE THAT DECISION.
SO THAT'S SORT OF, I GUESS THE DIRECTION THAT I WAS HEADING.
NO, I APPRECIATE THE CLARIFICATION.
YEAH, THAT I, I SEE AN EXECUTIVE SESSION COMING UP IN SOON ON, UH,
HOPEFULLY NOT, UH, ANY OTHER QUESTIONS OR COMMENTS? I WAS JUST GONNA SAY, I THINK THERE'S, THERE'S TWO THINGS WE'RE, WE'RE REALLY LOOKING FOR.
ONE THAT MIGHT BE PRIVILEGED IS IF, IF WE GET A EMAIL FROM THE CITY ATTORNEY'S OFFICE SAYING SOMETHING LIKE, YOU CAN LIMIT, YOU KNOW, THESE TYPES OF THINGS, YOU CAN, YOU CANNOT CHANGE THESE OTHER ONES.
THAT THAT DOESN'T MEAN THERE'S ANYTHING THAT NEEDS TO BE POSTED.
BUT THE SECOND THING WOULD BE IF THERE IS SOMETHING WE SPECIFICALLY DO WANNA CHANGE, LIKE IF WE CAN, IF WE ARE AUTHORIZED TO SAY NOT ALLOW FOR DONATION OF TIME FROM ONE SPEAKER WHO SIGNED UP TO ANOTHER SPEAKER, THEN THAT, YOU KNOW, THAT THAT COULD BE POSTED LIKE A AMEND THE RULES TO DO THAT.
IT, IT COULD POSSIBLY BE POSTED SIMPLY AS THE BOARD IS, UH, WILL TAKE ACTION ON THIS ITEM AND THEN WHEN WE VOTE ON IT, THAT'S THE ACTION AND THAT'S WITHIN THE LEGAL PARAMETERS OF, OF, UH, FROM WHAT I UNDERSTAND OF TOOMA.
BUT YEAH, THERE MAY BE TWO SEPARATE THINGS AND THAT'S FINE.
YOU KNOW, I THINK WE'RE ALL, AND NORMALLY WHAT ERICA WILL DO IS IF IT'S ATTORNEY-CLIENT PRIVILEGE, THEY PUT OUT THEIR BIG ASTERISK ATTORNEY-CLIENT PRIVILEGE AND THEN SHE ALSO ADDS THE NOTES THAT WE DON'T TALK AMONGST OURSELVES.
SO WE DON'T DEVELOP A RULE IN QUORUM.
SO I THINK IF WE, IF WE STAY WITHIN THAT, WE, WE OUGHT TO BEHAVE, WE OUGHT TO BE GOOD.
SO YEAH, I THINK THAT KIND OF GIVES US SOME KIND OF GUIDELINES.
SO WE AT LEAST HAVE SOME, SOME BASIS TO KIND OF WORK WITH AND THEN WE CAN KIND OF CONTINUE THIS DISCUSSION AND GO FROM THERE.
I WOULD IMAGINE MS. RAMIREZ WILL BE MORE THAN HAPPY TO COORDINATE AND TELL US WHAT WE DID DO OR WHAT WE DID DO AS SHE'S SO WELL, SO WELL, AND WE LOVE HER FOR THAT.
ANY OTHER QUESTIONS, COMMENTS? I, I MEAN, MS. HART, I GUESS THE TWO QUESTIONS, THE TWO LEGAL QUESTIONS, AND YOU DON'T HAVE TO ANSWER 'EM 'CAUSE UH, TO DO A LITTLE ABOUT
[01:40:01]
RESEARCH IS, I'M NOT SURE IF DONATION TIME IS IN THE OPEN MEETINGS ACT UNDER, YOU KNOW, 5 5 1 TEXAS GOVERNMENT CODE.I'M, I'M, I'M, IT MAY BE, I JUST DIDN'T KNOW THERE WAS UNDER CASE LAW OR ANYTHING.
AND THE OTHER SECOND QUESTION WOULD BE WHEN DID THE CHAIR KIND OF GO INTO BOARD MEMBER HAWTHORNE'S ISSUE ABOUT IT COULD GET SO LATE? WHEN DOES THE CHAIR GO FROM THREE MINUTES TO TWO MINUTES AND SAY STOP AND THEN, YOU KNOW, THIS IS ENOUGH WHERE IT'S THREE O'CLOCK OR 12 O'CLOCK, THAT, THOSE ARE THE TWO I GUESS, LEGAL QUESTIONS THAT I WOULD ASK MAYBE TO RESEARCH AND THEN MAYBE WE CAN DISCUSS IN CLOSED SESSION OR SO WHAT, WHAT HAVE YOU, UM, NEXT TIME.
BEING ON THAT, I WOULD LIKE TO HAVE A MOTION TO ADJOURN AT MICKEY'S MAGICAL TIME UP HERE SAYS SIX 17, I MEAN, SORRY.
GLAD TO SEE YOU GUYS COULD MAKE IT.
WE APPRECIATE Y'ALL BEING HERE.