[0:00] to vary to [0:03] u provide uh a series of tents in order to regulate height in a kind of rational [0:10] and consistent way. Um we used uh we studied various models that are used uh [0:16] by neighboring jurisdictions and are common and are common you know [0:21] throughout you know the United States. Um and there's two basic uh methods. One [0:28] is known as a kind of parallel plane where we're basically taking the [0:32] topography and and taking that plane that's undulating with the land and then [0:38] moving it up the height limit. And then the other method that's very common so [0:43] so that is the method that's used by the city of Westlake Hills. Then another [0:47] method that's fairly common that's used by the city of Austin is is sort of a [0:50] series of segmented uh planes where you're going along the property line and [0:58] uh and assigning a certain uh depth in in the city of Austin it's a 40 foot [1:03] increment and then you're getting high points or low points and then from those [1:07] you're you're generating your height envelopes. [1:10] Um, so what we did is we we studied um several lots uh in in Rollingwood that [1:19] have different characteristics in terms of shape and topography in terms of [1:23] whether they slope from the street back or back to the street or side to side. [1:30] And uh we've included sort of a a house sort of a standard home so you can sort [1:35] of see the implications of these different tents on on a on a on a [1:41] residence. So the first one uh that we'll talk about is is the kind of the [1:47] one that that the zoning and planning commission have have recommended which [1:51] is the parallel plane model. And like I said that's the one sort of used in city [1:56] of Westlake Hills. It's right here. The the difference between what what is [2:03] being proposed for Rollingwood and Westlake Hills is is because side [2:08] setbacks in Rollingwood are are smaller uh in order to avoid significant [2:13] encroachment on neighbors. There's a kind of tapering effect on the on the [2:17] sides. So it's a little bit it takes some aspects of the the the segmented [2:25] planes and puts them on the parallel planes. And so that's why you see this [2:29] kind of I guess what you might call a little bit of a zigurat on both both [2:33] sides where uh it the parallel plane is being stepped one foot for every foot [2:39] that you come into the lot. Can I ask you a question? Absolutely. Sorry. No. [2:43] No. But you mentioned that West Lake has bigger side yard setbacks, right? [2:49] Remember what? 25 feet. 25 or 10 or 15, right? My my memory is that you're 15, [2:58] right? And 15 on the side or 10. We're 25 total. 25 minimum of 10 on on any [3:05] side, right? 10. Yeah. So, he's got a Right. And so, that's my understanding. [3:10] And I do apologize. It's been a while since I to house in my understanding is [3:14] your rear setback is 25 ft. So it's 20t 20 ft. So it's more in Westlake side [3:20] setbacks are more like your rear setbacks. Yeah. Okay. Thank you. Sorry. [3:23] Is there a way possibly to uh zoom? Absolutely. Yes. [3:30] So and and I can go around it too so that you can see sort of um how and as [3:36] you can see the as the topography uh undulates and in this case is going [3:41] down from the street the the height plane is doing the same. And then you [3:46] can see how this what I call this kind of like ziggurat or or this [3:51] stepping would prohibit someone for bu from building a home and having a very [3:57] large uh you know facade very close to their neighbor, their side neighbor. Of [4:04] course, they can if they want that height house, they can just bring it in [4:09] to at the point to where they're their the stepping uh align with the the par [4:16] the full height of the parallel plane. So that's the um that's the you [4:22] know that that seems to be the the the sort of the leading contender based on [4:27] what zoning and planning. This is uh the the very basic version of the segmented [4:33] planes um where you're going back a a certain [4:37] distance for every segment. Um often it's 40 ft. Um and then and then you [4:44] pick either low points or high points. So as you go back in the segments, you [4:49] essentially get four corners and you can either decide to use the low point of [4:54] those four corners or the high point and then extrude up to create these these [4:59] these very clear tents and and actually the these are [5:04] more this is where we get the term tent because obviously it looks like a tent. [5:08] Um now no jurisdiction typically allows just a tent. they typically then will [5:14] have the tent plus a sort of like an auxiliary height limit, sort of a cap. [5:19] Um, and that's what you're seeing in these other ones. And so the the common [5:23] one like the one that we have in the city of Austin, um, is there's just an [5:29] overall height limit and it and it's just flat. And that's what you're seeing [5:33] here. Um, this this gold one, which is probably just too complicated and [5:40] pointless, is combining the parallel plane as the sort of truncating plane [5:44] for those segments. And there's really very little value in that because it [5:48] pretty much mimics what you would get with a parallel plane and just [5:52] introduces unnecessary complexity. But these other ones are, you know, sort of [5:57] like a method that is used in in in cities. Um, it must be said that it's [6:04] more typical and probably more appropriate for um sort of core urban [6:10] areas like you see in Austin where you have narrower lots [6:14] um and and you the chances of having significant cross slope is very minimal [6:20] because you know you over a 50 foot lot chances are you're not going to have a [6:22] lot of cross slope over 50 feet. um it's not a very it's generally not sort of a [6:28] great solution for more suburban areas like this where [6:32] you can have wider lots and you can have significant cross slope and we'll see [6:35] that in some of the other examples uh um that that have those kinds of lots. So [6:42] I'm going to go to the next property. This one um is [6:48] sloping significant. It has a significantly more slope um and it is [6:53] sloping um you know towards the street. Now we didn't we didn't redesign the [6:59] house. So it's kind of confusing because like that the house looks like it's the [7:04] backyard is facing the street but that's my understanding that's not the case. Uh [7:08] but but you see how then the the that the ramifications of the of the [7:14] different approaches on this lot. Um and then there's there's another [7:21] property that um is what you would consider just basically much more of a [7:26] flat lot. Um and again um obviously these are the easier ones where there's [7:32] less less difference between the approaches. they tend to end up kind of [7:37] netting the same. Um, and then you get a lot like this, which you know gives you [7:45] is is a very wide lot and so you get significant distortions and complexities [7:52] with the other sort of tenting approaches [7:55] um that they get kind of a little, you know, a little unwieldy. Um it would be [8:03] unfortunately we didn't have that lot but if you had a lot with a lot of cross [8:06] slope that had this kind of width it would be even sort of more complicated [8:10] because then you would not you wouldn't want to assign the segmenting parallel [8:15] to the street. You'd want to perpendicular to the street. you'd want [8:18] to assign it parallel to the street. And and that gets into sort of a level of [8:22] complexity that may be hard to to um you know adjudicate in terms of how you [8:28] write write the the ordinance and how it's [8:31] interpreted. Um and that's that's basically it as far [8:37] as what we've done. I'm happy to go back to any of these and show uh zoom in and [8:44] show more clarity on it. Um, I don't know if there's any if I need to answer [8:47] any questions. Yeah, maybe could you just like go back [8:52] and set sort of the context like what are these houses? What are the lots [8:56] like? Um, yeah. So, these are all it's all the same house. It's all the same [9:01] sort of house design uh if you will. So, how did you come up with that design? [9:08] Like that one of the I can help. Yeah, that would be great. Thank you. Um, [9:15] I'm just curious like what is the square footage on that house like? Oh, what [9:19] what we have here Dave Bench one Randolph. Uh, what we have here are five [9:25] properties that were essentially um um volunteered by either people on PNG or [9:34] other interested people. And um we used there if you'll recall last [9:41] time that there was a presentation there was some concern that yeah we were [9:46] showing these boxes as they were portrayed as parallel plane or by [9:50] segmenting that were empty and there was concern that it didn't really provide a [9:55] a practical picture of what's going on and wouldn't it be cool if we could put [10:00] a a house in there and so Tony Stein who has one of these properties said that we [10:06] could use a plan that had been devised for his property. He didn't doesn't [10:12] expect to execute it, but he had hired an architect to develop a plan and then [10:17] we could use that and show it inside of his property and whether or not it would [10:21] work within the parallel plane. And then we would use that same [10:26] um plan, house plan, and just project it on the other properties too, just for [10:30] the sake of scale and so you could see. Does that help? Yeah, that totally [10:34] helps. So maybe it'd be like cool to see the presentation from that perspective [10:39] because I forgot about that but now I totally remember us doing that in the [10:42] last meeting. So yeah I think that the concept would be like in my view is like [10:47] hey this is what we could he could have built two years ago or today maybe even [10:52] like this is the plan. How does this the these different like proposals or [10:57] possibilities affect what would do that house? So can maybe like kind of wish [11:04] And one thing that would help me is if you zoom in on one and then drop the [11:08] perspective closer to ground level. Can you see the house under the plane? Sure. [11:12] And then hold it still because I'm conscious. [11:16] And I think if you could zoom as much as possible that would help too. [11:24] But do we have like a We don't have like a a like this is what it Well, I guess [11:28] that is the house. You can It is. Okay. And it's a house that was So that's what [11:33] it would look like without any cropping or any like any modifications. Is there [11:40] I guess is there one? Yeah. So so I can show you some slight areas where there's [11:44] encroachment that you can see. So um and it's actually easier to see on the gold. [11:49] So um let me go to the gold one. Gold one just [11:56] clearly. So you can see here there's a little bit of encroachment. [12:01] Um, but this is like the what you're showing [12:04] here is like the parallel plane, right? Okay. The first two up the top. Yeah. [12:09] Okay. So, it's very slight, but there are areas, you know, obviously it, you [12:14] know, if you were designing it with this, you would have to nip and tuck a [12:18] bit and adjust the design slightly, but it wouldn't affect the overall house. I [12:22] I believe it was said that this was a 6,500 foot house, not something that So, [12:27] so, you know, it's a nice sizable home. Obviously, there's much more volume that [12:31] could be built out under the the um the the tent. Okay. [12:38] Can you do a 360 on just one? Yeah. So, here I'm going 360 and uh and you can [12:45] see that Eve slightly is projecting through. You see, is that Do you all see [12:50] this area here? Let me zoom in there. There's your incred. [12:56] Yeah. There you go. Thanks. You're right. [13:00] There you go. You see how that sophet is projecting through? [13:04] Um, and you know, there are eve exemptions in some jurisdictions. [13:10] Um, you know, a lot of these things are just not really needed on wider lots. [13:15] The architect will just adjust accordingly. Um, [13:18] if I may interrupt what I understood on this plan, on that [13:23] model, that house would work if you just move it over a foot. [13:30] You You could make it work on that one. Yeah, you can. Yeah, very good point. [13:33] You can clear, In fact, you can clearly see here. You move this house over a [13:36] foot, there's plenty of room on this side. Take advantage of the the [13:40] situation you all have in Rollingwood where you can [13:46] [Music] Then from the can you show the other the [13:50] other the segmented one? Yes. And let me go to the the one that would actually be [13:56] used like a segmented with truncation not using ones that so [14:02] um this is this is using low points. So these are segments but with [14:10] truncating for the low points. Okay. Um why would [14:16] someone pick the low point sometimes? Well, a low point will obviously make [14:21] houses less uh large. Um so well yeah I think he was saying oh yeah [14:30] so in Austin the low point would be more in tune with [14:35] the way you know West Lakes Westlake Hills attitude is like let's keep houses [14:39] low under the tree line. In Austin, it was more about, you know, letting people [14:44] build a little [14:52] taller, but you can see this one has, you know, no violations. It's it's [14:57] totally fine. And [15:02] uh and then here with the high points, obviously, it's well above, but you [15:07] know, um it doesn't take much. You can see you could build a pretty monstrous [15:11] house with the using the high points and the the segmented tents. That's what [15:17] that is. That's the high point, right? Because you can see how you have a lot [15:20] of a lot of volume above the house. Um it's almost like you would almost add [15:27] another floor to this house. So you're getting it to something that looks [15:30] almost more multifamily than top. Yeah. Top deck. And that's [15:43] um and yeah and that's that that's there's not a lot of difference then [15:48] after that because these were just different ways of of one thing that we [15:52] did study but it's totally minor but I think it's it's it if you need if you're [15:58] thinking in terms of the segmented planes is establishing the height of the [16:03] segment from the property line versus the setback back. And typically, you [16:08] would want to do it you you'd want to achieve the same height, but you'd want [16:12] to start on the property line because you're going to get less distortion of [16:16] grade based on existing conditions. Say someone has has built retaining walls in [16:22] the setback. The house is demoed. It will create an artificial tent, but [16:27] going to the proper line is is is usually better. So there's there's a [16:30] study here that reflects that, but it's really only relevant if you're seriously [16:36] considering the uh segments. And it sounds like what I'm hearing you say is [16:42] segmented is unnecessarily complicated and not as so appropriate for big lots. [16:48] It's better for these small lots like instant. [16:51] That's how we see it in in in you know the neighboring jurisdictions. Um and [16:56] and that that's you know the the problem that you need to think about with the [17:02] segments also especially when you have you're trying to protect trees and you [17:07] want people to do good design is that the segments force the architect or the [17:12] designer to push the volume of the house into the [17:16] segment and which you know is less than ideal like I think as a as a codew [17:21] writing organization land codew writing organization [17:25] You want to, you know, the trees aren't moving and you want people to build [17:30] beautiful homes as beautiful as they can build. And so creating that kind of [17:34] artificial constraint on where those segments are is a little bit of a [17:39] problem. It it was it was desired in Austin at the time that it was uh chosen [17:46] because the goal was to have people break up the volumes of homes because [17:52] they're so tightly piped together. So they wanted in fact it were one of the [17:58] things that happened in Austin there was uh side setback uh articulation. They [18:04] didn't want people building, you know, flat walls on these very narrow lots. [18:08] And so the sidewall articulation worked with the segmented tents in order to [18:13] encourage people to build houses that were more discrete volumes. Um, and we [18:20] considered sidewall articulation in in committees, but it just seemed like too [18:26] micromanaging people's home design for rolling, right? And and you have large [18:30] enough setbacks that it's kind of not really. It's not so so relevant. Yeah. [18:46] Can you show me the two like the height like the gap? You know how you show that [18:51] one? Yeah. Space there was between. Can you show me like on the on the the [18:57] parallel plane one to the low point one? I guess just so I see the difference. [19:02] Yeah. So, [19:07] uh, here it is. And you can see, I'm sorry because the stuff is in [19:12] the background, so it's a little hard, but you can see you have a pretty good [19:16] amount of space still. So, this this could be a, you know, this this roof [19:20] pitch could be taller and it would still fit nicely um in [19:27] there. [19:33] Um, yeah, this one might be easier to see because I can [19:38] What was the difference between the gold and gold? Well, the gold is really just [19:42] a [19:45] uh it's kind of causing confusion. First of all, this is just a replication. We [19:50] should have just deleted this one. This is the gold where this is the goal that [19:54] matters is where combining the parallel plane with the with the segments. I this [19:59] one you're you're combining the parallel plane with the parallel plane. So you're [20:04] just getting parallel plane. So I I I should we should have those two [20:08] are the same. These two are the same. And these two are they describe a real [20:25] difference and I can take you to another property. Maybe that might be nice. Just [20:29] like a different lot. Yeah, there you go. There's a different lot. Here you [20:33] go. The parallel plane, you know, and and this is where you can see the [20:39] advantages, so to speak, that the parallel plane will force this, you [20:44] know, they can't as their lot drops off, they can't just build a really tall [20:50] element here. Um, but they can build a little bit taller on this side where you [20:55] know they have better topog, you know, higher topography. So, how did you make [21:00] that house do that? Just like lower one or how did you Yeah, we just that that's [21:06] we were just we just basically used our best judgment. If you put this house on [21:10] this lot, what would your typical architect builder do? And they would [21:13] typically just build these kind of tall foundation walls. Gotcha. Yeah. you [21:17] know, they wouldn't obviously and that's something that is important to note like [21:22] you know someone who wants a little bit a certain kind of massing they can lower [21:28] grade build retaining walls close to the house in an artful way and and still get [21:33] a little extra height. that there's still plenty of there are tools in the [21:37] tool belt for the architect and and builder [21:39] designer to still be able to achieve visual results and and work with the [21:46] with the with the tenting. [21:54] So, and then let me go to another [22:02] lot. Obviously with this was a ladder lot very it makes it fairly easy to be [22:10] in [22:12] the under the plane. Oh, so wait the first one was like this is the flat [22:17] line. Well, it's a little flatter. Yeah, the the first one has more slope. Yeah, [22:22] it's it's I wouldn't call it slopey, but it's the second one's the real slopey [22:26] lot. Yeah, this one's pretty darn flat. Going to be hard to hard to find a [22:30] flatter lot in Rollingwood than this one. And then the last lot would be like [22:36] a kind of, you know, a kind of oddly shaped long wide lot with some [22:43] topography. Uh but the characteristic is mostly now [22:47] obviously this house doesn't fit on this lot. [22:53] Um we we would have to have altered the design. Um but wasn't just [23:04] yeah was a bit tough that's [23:13] one. [23:21] Well, this is really interesting. I think if like maybe some screenshots of [23:25] this would be too to show. I don't know if planners gonna like look at these or [23:29] see these or not. They've already seen it. Okay. They did. They've already [23:33] they've already voted on it. All right. Sorry. [23:39] And if you if you uh look at the Zoom B the Zoom uh for this most recent [23:48] planning zoning commission meeting, these show up nicely on the Zoom [23:53] screens. So, They're well they're well presented. [24:03] Well, you guys have obviously put a lot of effort into this and really [24:06] appreciate it. It's really helpful. Yeah. For the community too at large to [24:11] understand. Yeah. No, it's our pleasure. Work. [24:16] All right. Any more questions or anything else anybody wants to [24:20] see? All [24:24] right. Thank you for voting. [24:30] Thank you all. I know we paid you a fee, but I kind of [24:35] feel like you you volunt you volunteered a bit, too, because there's a lot of [24:39] effort that went into that. I can tell. Yeah. Well, you know, it's it's nice to [24:43] be able to help out, too. So, we appreciate it. The the fee was only [24:47] partial the partial compensation. All right, good ordinances is can tell [24:51] there's a real public service component to that. We appreciate that. Thank you. [24:59] We'll move on to the consent agenda. And I have comments on two of these. So I [25:04] think we'll just take them one at a time. So item number three, [25:09] uh discussion, possible action on the minutes from the March 26, 2025 joint [25:14] council and planning and zoning commission meeting. I have a [25:20] Move approval. Have a second. Second. All [25:24] right. Motion by Brooke, second by Phil. All in favor say I. I. Any oppose say [25:31] nay. Motion passes. Um. Agenda item number four, discussing and possible [25:36] action on the minutes from the April 16th, 2025 city council meeting. I have [25:43] and I'm sorry I meant to call about this and get it fixed before the meeting and [25:47] I didn't um there is a typo on the very last [25:53] page and and and it's a word but I don't think it's the word that we intended to [25:59] have um agenda item number [26:04] 16 the last paragraph it says members of city council expressed interest in the [26:08] park commission perusing next steps I think it's supposed to say pursuing [26:13] the next steps. We fix that. Um, that was my only [26:21] comment. We have a motion on uh move approval with the change on page [26:30] uh the last page 345 of the minutes from perusing item 16 from perusing to [26:38] pursuing. Is there a second? Second. [26:43] Motion by Brooke, second by Alec. All in favor say I. I. Any oppose say [26:49] nay. Motion passes. 5 [26:54] nothing. Agenda item number six. No. Five. Five. Discussion possible action [27:00] regarding acceptance of Michael RH's resignation from the planning and zoning [27:04] commission. Do I have a motion? Move approval of item number six. I have a [27:11] second. Second. Motion by Brook, second by Bill. [27:16] All those in favor say I. I. Any oppose say nay. [27:21] Okay. Motion passes five to nothing. Agenda item number six, [27:26] discussion and possible action regarding acceptance of a water utilities easement [27:29] granted by Olga Hobsar and located at 14 Tmont Drive. [27:35] Um, is he's not here. Right. Right. Do we have an explanation? And is this a is [27:43] it a a water utility easement or wastewater? Does it make a difference [27:47] how we describe it? No, it's it's been worded so as to allow either water or [27:51] wastewater services. Okay. In there. The intention of this particular easement is [27:55] I think council is is aware of it. at that particular property. There is an [27:59] issue with the discharge line that comes into the sanitary sewer from that [28:03] property on 14 Tmont that needs to be corrected temporarily. The discharge [28:08] from that house, the waste water is being routed above ground through a pipe [28:11] on the adjacent property at 13 Tmont um through an agreement kind of a verbal [28:17] agreement that that pipe is temporary. It's above ground. It's fairly [28:21] vulnerable given to given its placement. So, it's important the public health [28:26] that we we rectify the situation as quickly as possible. So to be able to do [28:31] that, the uh the mayor and staff even preceding me sort with Miss Kobar to get [28:36] the easement in there so we could do the appropriate repairs to the sewer system. [28:41] And we've got all of the issues with the grinder pump and all that worked out and [28:47] he's responsible and yeah, the the grinder pump is most certainly on on the [28:51] resident is the discharge line as it kind of comes into the sewer system [28:56] that's owned and operated by the city. There's that pipe that connects to [29:00] it. If I Is here, you can say it more eloquently, but it is after the grinder [29:04] pump before the main trunk. Okay. All right. Anybody else have any questions? [29:11] No, but I was involved in some discussions on this and at some point [29:15] we're going to consider defining the homeowner's responsibility all the way [29:19] to the sewer line connection. And right now it's from the we pick it up from the [29:25] um grinder pump, but that's probably needs to change. Right. I've spoken with [29:30] the mayor some a few times since I've been here about that exact same thing. [29:34] He wanted to make sure that this was taken care of first and and then we can [29:37] make sure that this particular situation doesn't become the city's issue moving [29:41] forward. [29:44] We have a motion motion to accept the easements. There a second. Second. [29:51] Motion by Kevin, second by Brooke. All in favor say I. I. Any oppose say [29:56] nay. A motion passes. Five to nothing. Um, all right. On to the [30:03] regular agenda. [30:08] Agenda item number seven discussion discussion and possible action on [30:11] opposed ordinance amending chapter 107 of the city of rollingwoods code of [30:15] ordinances to related to residential building heights and height measurement. [30:20] So the subject of our [30:26] presentation any discussion do we need a motion before we [30:31] can have the discussion? Um y'all can discuss. [30:42] Um, Mayor Pro Tim, um, Brook Brown. Uh, this item comes to the, um, council now [30:51] for a decision, um, based on a 50 vote from the planning and zoning commission. [30:58] As y'all are aware, this is a uh proposal regarding build setting new [31:04] standards for building height uh within the city of Rollingwood and methods of [31:10] measurement for building height. It adopts what has the recommendation that [31:16] has come from the uh originally from the uh [31:22] CRC and then after about a year's worth of review at planning and zoning [31:29] uh it has been recommended to the council for approval as proposed [31:34] virtually as proposed by the the CRC. I'm happy to walk through the terms [31:40] of the uh changes if the council would like. I've also uh done my usual thing [31:49] of clarifying edits to the language uh without substantive change in except for [31:57] one exception which I can I can talk about but it would be uh my motion to [32:05] recommend approval of the proposed ordinance with the edits that have been [32:11] proposed uh subject to [32:17] uh the council's discussion and the um [32:22] consideration of the [32:31] uh the one substantive change which is to section 10783 lines 112 to [32:39] 118 that uh provide a an additional clause laws to the special exception [32:46] that would be allowed for uh lots that are on a flood plane or drainage [32:51] easement. A very long motion. Do we have a second? [32:59] Um or discussion. I'm ready to discuss it. Do we have to [33:04] have a second to discuss it or we have a motion? So, we have a motion. So, as [33:08] well get a second. I'll second it for point of discussion. [33:14] Okay. Motion number second by Phil. So may I? Yes. [33:22] Um so I want to say this I think this is a good ordinance. I really appreciate [33:28] the CRC's work on this and planning and zoning's work on it. I know a lot of [33:33] people put a lot of effort and a lot of time into it and it's very much [33:37] appreciated and I think it's really helped the whole community's [33:40] understanding of the issue and of the solution. So, it's really remarkable to [33:46] see that much care and effort put into it. I've reviewed um Council Member [33:51] Brown's edits to the ordinance that are clarifying and I concur with her [33:56] suggestions on the clarifying um edits. that you know I do want to [34:03] discuss uh the special exception process. um you know a a [34:11] um special exception my understanding is a is a easier uh way to go to get relief [34:18] from the ordinance than a variance would be because a variance would have to show [34:22] hardship I believe is the term which is narrowly defined in the law and a [34:28] special exception would allow um homeowners to get some relief from the [34:32] height limit but it has to have specific criteria set out um to qualify for the [34:38] special exception. And um you know, Council Member Brown, I think you [34:43] mentioned a substantive edit which would clarify the qualification for the [34:48] special exception involving being adjacent to um was it green space or [34:54] drainage? Uh flood plane or flood plane or drainage easement. Okay. So that [34:59] means that the theory is that if if it's next to a drainage easement or flood [35:04] plane then it's not going to annoy the neighbor there to go higher. Yes. Okay. [35:09] With a limit of five additional a maximum of five feet of uh additional [35:15] height uh from what would otherwise be the limit on height. So there's a cap so [35:21] to speak on the additional relief that can be granted right in that situation. [35:28] That's in the proposal. But the language that that I suggested adding would be um [35:36] it it said in such cases in the case of special exception were granted, the [35:42] board may grant uh up to five additional feet of building height. I added the [35:47] language such that the maximum height limits in [35:51] 10771B, the 35 ft are increased up to an additional five um may be increased up [35:59] to an additional 5T of building height across the the um building [36:07] footprint. So the the five additional feet didn't quite say all of that. It [36:15] just said five additional feet. You don't know if that's across the entire [36:19] building, if that's across the entire buildable area. So, I added that as [36:24] clarified. And would that additional 5T change the 25- ft height at the distance [36:32] 10 ft from the property line? It would change it to 30 feet. Okay. And then the [36:38] 35 ft would be 40t. And why would we go up to 40 feet if we're really just [36:44] recognizing the fact that that side yard is adjacent to a green space or flood [36:51] plane? It could it could be the the the um drainage easement or the flood plane [36:59] isn't necessarily limited to the sideyard. There can be a flood plane. My [37:05] lot has flood plane across the back of the lot. Uh other lots have flood plane [37:12] uh that may be diagonal to the lot. Okay? You know, there's um there's a [37:17] house on Pwick um that's on stilts that most of that lot is in the flood plane. [37:25] So there the you can't quite it's not it's not absolutely granted. that is [37:33] subject to the approval of the board of adjustment about how much of the lot [37:39] would be uh how much the height across what part [37:44] of the lot the height would be increased. But it is possible this [37:48] language makes it possible to do it across the entire lot. Okay. Up to five [37:53] feet from the what from 25 to 30 and 35 to 40. And can I ask legal a question [38:00] about that? Um is that [38:04] um if we write a special exception in that manner, is a homeowner entitled to [38:10] the special exception if they show the uh conditions that are set forth in the [38:16] ordinance that is being adjacent to flood plane or drainage easements. You [38:21] put the word shall in there then. Yes. But we didn't. Right. Yeah. So, we're [38:27] preserving the discretion of the board of adjustment to grant or not grant that [38:32] based on how appropriate it is, the reasonable discretion. Okay. And and the [38:36] the the test is used in this section is the adverse impact on the lot's [38:42] buildable area. Okay. All right. From the from the um flood [38:49] plane or the um drainage ements. Okay. Thank you for the explanation. [38:55] There's another place in this ordinance where special exception was used and the [39:01] recommendation from council was would be to keep that as a variance. that was [39:06] addressed at PNZ and the change that was suggested by council from special [39:11] exception to variance was approved in the PNZ proposal. And if you um uh Duke [39:19] Garwood gave uh a very cogent response on in other types of situations just [39:27] like we have for other building code requirements, a variance may be granted [39:32] if there are certain findings. and he says, "I'm kind of the godfather of the [39:37] variances in Rollingwood, and the process works well if you have an odd [39:41] lot or an odd situation or an that impacts your ability to build with [39:48] within reasonable limits." And so, um, that was the PNZ was comfortable with [39:55] leaving that a variance for conditions other than the flood plane or the [39:59] drainage easement. Um, so that's I wanted to make sure that it [40:06] was clear that that variance is still a variance or that variance is a variance. [40:11] That condition is a variant. Other conditions would remain subject to a [40:14] variance standard. So my question on the flood plane issue [40:20] is that there's no definition of what [40:24] what classification if you will of flood flame. You know, it is a the one-year [40:31] flood plane, the 500year flood plane, which flood plane, [40:38] because that that makes a huge difference on how many homes this [40:44] potentially affects or how many lots it potentially affects. [40:50] Do you have any suggestions on what would be appropriate? [40:53] I don't I don't know how many homes are potentially affected. [40:59] That was going to be my other question. Um how many that we have that are um [41:06] abuing a flood plane to know what the what the [41:11] difference would be. But um Mr. Bench, [41:17] would you be able to answer that question? I'm sorry. And and I have a [41:21] question about that too. is okay. So, we just say that should some [41:26] portion of the buildable area reside on or [41:33] um the altered version is reside on or have a common boundary with a flood [41:38] plane or drainage easement. And we don't say [41:44] um what what category of flood plane if we added oh one one year 100y year 500 [41:51] year what's unbuildable. Okay. Yeah. Well, generally most of our ordinances [41:57] are written around the country. Mhm. And it it is probably worth noting that [42:04] within this within this but u I think whenever we were coming up with this [42:10] when we were thinking through this I think we were considering it to be the [42:13] 100red-year flood plan which as you know [42:18] um you know um government entities like the [42:22] USGS could change that at any time. So that was really kind of what we were [42:28] after is we wanted to give people the latitude to be able to work even as [42:34] flood plane definitions are changing. And is a 100red-year flood plane you [42:39] cannot permit a structure in it. Can you I'm not an engineer, but [42:46] usually if you as long as you don't raise the base flood elevation by a foot [42:50] and you do all the appropriate things that so that you're not then most cities [42:54] will allow building in in the 100redyear flood plane, but I don't know what our [42:59] ordinances do and I don't know you can build in a 100-year flood plan. [43:04] Yeah, I've worked in several cities that have 100 flood planes and it was quite [43:08] flat and they absolutely extensively built there, but it was related to the [43:12] base flood elevation and dirt you can bring in, move around. You couldn't [43:16] bring dirt in, you could just move it around on the lot. Yeah. And so in lies [43:20] the reason why you would want to add in five feet to the allowable height so [43:26] that you could accommodate for that flooding. The notion would be that you [43:30] may not be building livable area in that additional 5t. you would be raising the [43:35] structure so that you're able to accommodate. Does that make sense? So [43:39] maybe instead of it being adjacent to or sharing a boundary with it should say if [43:43] it's on 100year flood plan maybe. I don't know. I'm just trying to figure [43:48] out the Well, it says some portion of the [43:53] reside on or have a common boundary with because if you have a common boundary [43:58] with a hundred-year flood plane that somebody builds a house on, should you [44:03] get to go higher just because they're on flood plane? No, that's not the way it [44:07] reads. It's adjacency to the flood plane that's on the lot. [44:12] Oh, there is a lot. Yeah, thank you. Sorry, I'm a little slow on this. There [44:18] we are. Thank you. Okay. Are drainage easements are they not [44:24] typically is that the same as a a like a utility easement where it's usually five [44:30] feet on each side of the property line or how how big are the I I think we have [44:37] very few actual drainage easements in Rollingwood. We do I think in the in [44:43] this instance in which this provision would work, it would have to be a [44:47] drainage easement recorded with the city of Rollingwood. Um it's like Ashworth's [44:53] new drainage easement or Kevin Shell probably has one. Exactly. are the [44:59] drainage easements that are that uh run on what was private prop what was uh [45:06] homeowner owned property between the uh Nixon and uh the houses on um Hatwood [45:17] and Pleasant Cove. So there you know th those are dedicated those are dedicated [45:23] easements. They'll have a meets and bounds description. It's not uh it [45:28] wouldn't be um an easement that it wouldn't be [45:34] property where a drainage facility is located because [45:40] that still remains private property and there's no easement to the city for a [45:44] drainage facility. If there's an actual dedicated drainage easement, then this [45:49] provision would allow the exception. So the intention is though that the the [45:55] special exception is only allowed if the drainage easement is in the buildable [46:01] area of the lot. Uh the it the way it's written is that there's a drainage [46:09] easement some portion of the drainage the buildable area is on or have a com [46:15] has a boundary with the uh buildable area. the drain the [46:22] buildable area. Let me start up. The uh flood [46:27] plane or drainage easement must either be on the buildable area or have a [46:33] boundary with the bu buildable area and an extreme adverse impact on the lots [46:38] buildable area. So you could have a situation where [46:45] um the the the slope's so steep adjacent to it or there's some other condition [46:52] where it's affect even though it's not on the buildable area it's affecting the [46:58] buildable area. [47:03] I'm having a hard time understanding an an example of where if if it's not on [47:10] the buildable area, how how would it impact? Well, there's like one on Inwood [47:16] where the water goes actually through part of the house where they've bridged [47:20] over the drainage or is that right? Yeah. And that would be an example. You [47:25] couldn't have built on the ground, but that would be within the biblical area. [47:28] Yeah. Right. Yeah. I'm thinking about if it's adjacent to there's one on Hubard [47:34] Circle too kind of like that. That's also not in the available area. [47:44] Sorry about that. Checking my message and it came up [47:48] music. Yeah, those are those are [47:54] both in the setbacks. And so I'm trying to understand how that how being [48:00] adjacent to that would necessitate being able to go higher. I don't know if Mr. [48:07] Bench wants to address that or not on the on the drainage. [48:13] again. Um I think what our intent was was to not penalize someone who is in a [48:22] floodprone area or an area where the city asks to be able to put a [48:30] um a a a drainage easement in. They would not be penalized by being that [48:37] close to the water. we would give them some [48:41] additional height so that they can overcome any kind of hardship that [48:46] flooding or an easement would create. Now again this is all subject to BOA [48:53] approval. So you know it would be up to the BOA to decide whether or not there's [48:58] really something there. Does it really merit the additional 5 feet or doesn't [49:03] it? and and what we wanted to do was to [49:07] provide at least the latitude to enable it just a little breathing [49:13] room. We had been asked about this was a discussion within CRC and there were [49:18] interested people about this particular thing. Jay, I could I could see a situ [49:24] the just as I'm sitting here thinking, I could see a situation where the a [49:29] drainage easement would take what would otherwise be the entire sideyard where [49:33] you would have um um potentially some equipment, air [49:39] conditioner unit, and you would want some accommodation to be able [49:45] to even though the drainage easement's not in the buildable area. It takes up [49:52] the whole sideyard and you need some additional room or space. [49:58] like the example. I've got a severely sloped lot with a seasonal creek that [50:03] runs in the back of it down at Inwood Circle and I could see wanting to [50:09] cantalveriever a house out over that a little bit. So that you stay out of that [50:14] floodway, but that's going to if you're measuring from natural grade, that's [50:19] going to severely limit how high I can build. uh you know cuz I [50:24] might be 10 ft off the ground hanging out over the over the drainage. So [50:30] that's just a an example I think that applies. [50:42] I already built mine. Or if your if your if your backyard is taken up by the [50:46] drainage easement Yeah. and you want uh you know some outdoor area in well I [50:54] don't think anybody's whole backyard is going to be taken up by the drainage but [50:59] I'm comfortable with it because of the point that Mr. bench made. That's the [51:02] BOA still has to approve this. I mean, if this was some automatic thing, they'd [51:07] be entitled to it. I would be concerned about it, right? More, but I think with [51:12] the BOA. Yeah. Given our topography, you might [51:18] just want to be a little sensitive to some of our special situations. And I [51:24] believe this is it. [51:27] or have your driveway outside the drainage ement. [51:35] And if I might add, so while while you're discussing that, I pulled up our [51:38] GIS map, assuming the accuracy of the GIS map, the only uh 100-year flood [51:44] plane that exists within the city limits is it follows Eden's Creek. It starts [51:49] right there at Edgroveve goes up around the back of Peters and uh then just [51:53] follows the north side of uh of B caves there and terminates into Lana. So [51:59] roughly counting while you're talking about 10 properties there would be [52:03] affected that currently have buildings and about seven that don't have [52:05] buildings. That's 100year flood plan 100. Yeah. And we don't define what kind [52:09] of flood plane. Understood. But for the discussion of should be 100 or 500 or [52:13] what the hundredyear flood plane affects about 17 properties of which 10 have [52:16] buildings. Yeah. Well, I'm pretty sure that like Brook said, she's got a flood [52:20] plane, but if the if that's not a hundred-year flood plane, then hers is [52:23] less than that, and that would affect everybody on that. [52:30] Um, so there without [52:35] a from the modifier, it's just hard to know how many properties this [52:40] potentially affects and and who all would be. [52:45] I would I would not opposed having it apply to the hundredyear flood plane. [52:50] No. Okay. 100 or less. No. No. 100 or more. I think 100 or more. And I uh the [52:58] I don't know what what our administrator is looking at, but when we have the u [53:03] the the infrastructure improvement [53:07] improvement plan that K Freeze did model the 100red-year flood plane [53:13] uh in it. And there's several like my backyard like the the [53:18] the creek bed that runs through open yards on [53:26] uh Wallace and down down Wallace. Those [53:32] were hund those were shown as hundred-year flood lines including and [53:35] and the the creek that comes through the dry creek that comes through the park [53:40] property and onto Pleasant Cove. Okay, I have a question about that. I'm sorry. [53:44] I'm maybe I'm confused, but my understanding of hundredyear flood plane [53:48] means that it's going to flood every hundred years is the definition of it. [53:52] And my creek in the back of my house floods every year. So, are we saying [53:58] that it only covers 100 year flood plane or 100 or less? Creek behind you doesn't [54:02] flood every Well, it would flood a structure every year. I mean, it runs [54:06] water that deep that's like white water with a little waterfall. So there's [54:11] runoff that goes through it every time it rains, right? But that's a difference [54:16] between So what's the difference between 10-year flood plane and 100red-year [54:20] flood plane? 10ear floods more often. 10 times more often, right? Well, I don't [54:24] know. That's 10 times more often. Well, that's that's the very definition. 10 [54:28] times more likely. It's the very definition. 10 times more likely to [54:31] flood. So what I'm saying is we want to give relief to the areas that are more [54:36] likely to flood, not less likely to flood. Right. Correct. So, we want to do [54:41] 100 years or less. I agree. That makes sense to me, too. That's a logic way I [54:48] think about it. But if it's a 10ear flood plan, you would [54:52] want to give them relief even more so than 100. Yeah. Yeah. [55:01] I'm going to look up what's in these freeze up to the board of adjustment, [55:07] right? providing that but I do think it's a hundredyear flood plan or less [55:13] you know so if it's 50 year 10 year or up to a hundred year then yeah but you [55:20] don't usually define a a a one year well I understand that's not the that's not [55:26] the concern usually so okay well we can just leave so 100 a 100red-year flood [55:31] plane would contain the 50-year flood plane and a 10 year flood plane the [55:35] 100-year flood plane the extent of the flooding It's inclusive of it. Exactly. [55:39] They're progressively largest. Yes, that's very plain. It's most certainly [55:44] within the 100 year flood plane. I might be in the 5,000y year flip plane. You [55:48] guys probably wouldn't want to give me any relief. I'm not What about that? [55:51] What about the ice age? 10,000 years. [55:58] Well, [56:03] um I'm trying to find the infrastructure improvement plan and it's always a pain [56:08] to do. So, I'm [56:14] at this point. Is there a uh Nikki or Michaela, can you tell me where to find [56:20] it on our website? I know there's a link to it in one of the times on the [56:25] lefthand column, but I don't know [56:45] which at the top if you go to meet your government on our web page. If you go to [56:50] I'm sorry. Okay. And then in the middle uh under [56:55] planning and development, if you just click on planning and [56:58] development and then once you click on that, it'll be down the side panel on [57:04] the left. Okay. [57:24] Yeah, at this point I if you could go to um can you put up page 43 of that on our [57:33] screen? [57:44] [Music] [57:49] This shows the [57:56] Oh, [57:58] [Music] actually it [58:07] this is where the city is looking at doing drainage improvements. [58:11] They've identified that it's the plan that identifies the top during the [58:18] and I would think that's [58:23] I'm okay with it as it's written. No, with the [58:31] BOA I've always looked at this because that's what this legend shows. Okay. [58:38] What? Um 43 43 page 43. [58:46] A 100redyear flood plane is a more significant flood [58:50] than a 100red-year flood is a more significant flood than [58:54] a fiveyear flood or a 10ear flood. That's true. That's the way to think [58:58] about a thing, right? That's true. [59:02] So this what I what I'm if we can pull it up I can pass this [59:09] over to you. I was going to say the the water level is lower with a one-year [59:14] flood. This is with a 10ear flood study indicates are the drainage [59:21] areas of the city that need attention. Right. And so that's what I I'd be [59:27] comfortable with whatever that is or leave it plain. That makes sense. [59:34] I would leave it as it is and let the board of adjustment figure it out when [59:38] when they get [59:42] I think it's a good ordinance. I like all the work that's been done on it. [59:52] It show as I understand the legend it's the this is [1:00:00] this is a 100redyear inundation anywhere from [1:00:07] [Music] [1:00:15] that's why I've always thought that that this map showed the 100redyear flood [1:00:18] plane. Yeah. [1:00:24] Yeah. Well, I think at this point we just move [1:00:29] on with what we have. [1:00:34] Um there is one other decision that needs to be made and that is the [1:00:39] language um [1:00:42] um on um at line 42. [1:00:51] If y'all recall the the current ordinance uses the term building height, [1:00:57] residential as a defined term to define building height. I think we can do away [1:01:03] with that kind of cumbersome term and replace it with building [1:01:07] height and then reference the residential zoning code. So building [1:01:14] height is used in the resident in in chapter 107 division two of the [1:01:20] residential zoning district means. And then in if you turn to the se [1:01:26] second page uh section 10771 at line 74 [1:01:33] uh and throughout section [1:01:38] 10771 my edits would use the term building height consistently through [1:01:43] that section. [1:01:47] If we don't do that, if you look back at lines um 62 to [1:01:54] 65, this is the language in the existing code that ties the definition building [1:01:59] height residential to the residential zoning [1:02:02] code. So what I'm proposing is just a simpler way and less convoluted way to [1:02:08] show use that term defined term. [1:02:14] Sounds good to me. Yeah, it's fine to me. [1:02:18] And I would recommend that we we we we do it as I just described it retain the [1:02:24] deletion of line 63 through 65 but now use the term building height as opposed [1:02:30] to building height, residential. We take that as an amended motion. I think I'll [1:02:36] state it in the motion. Okay. Um we had a motion already. We didn't have a [1:02:41] motion. Didn't get a vote. U somebody somebody seconded it. [1:02:46] vote on it. Second on it. That's correct. Yes. [1:02:52] Right. Well, what I was I I knew when I made the motion that I didn't want to [1:02:57] add all the the things that still needed uh um Well, then resend your motion and [1:03:05] remake your motion. I'm going to resend the motion and remake my motion. Fine [1:03:09] with that. [1:03:15] I move we adopt ordinance [1:03:20] 2025-05-21-06 as uh contained in the packet [1:03:28] uh the item Brook with the Brook Brown edits. It's shown Brook Brown [1:03:32] definitions of existing grade I'm sorry Brook Brown edits to [1:03:38] building height ordinance 519-2025 with the changes as proposed in [1:03:46] that version of the proposed ordinance and that those changes include the [1:03:53] changes at lines 42 through 44. [1:04:07] Four and that is my [1:04:12] proposal and the deletion of lines 62 through 65. [1:04:17] Well, it is deleted. That that's with the with the edits. But I I believe you [1:04:22] want didn't you want to remove the word residential on the building height? [1:04:27] No, that's that's no. Okay. Okay. We're striking the term building res [1:04:35] residential building height, residential. We're converting that to [1:04:40] building height. We're referencing as used in chapter 107 [1:04:45] division 2 residential zoning district. [1:04:51] And we're re retaining the deletion of lines 62 62 through [1:04:57] 65 and we're not using the alternative that's in the paragraph or keep this [1:05:03] right. Okay. Okay. But when I look at line 42, it says building height, [1:05:08] residential, and she's got that scratched out. It's not scratched out on [1:05:11] mine. You're not looking at Brook's edits version of that. It's all [1:05:15] handwritten. Oh, the handwritten. Okay. I was looking. Okay. Y and second. [1:05:24] Okay. Amended motion by or revised motion by Brook and second by Phil. So [1:05:33] may I last? Okay. I I just have one question. Um on line 118 in uh [1:05:42] Councilwoman Brown's um additions. I'm not sure I that she so wants to have [1:05:50] so long as such increase in height at a distance of at least 25 ft from the [1:05:55] nearest property line. Did you want to keep that in there or uh No, I did not. [1:06:00] Instead of that language, my motion would be that line [1:06:06] 171 117 to 118 read, "In such cases, the board may grant a special [1:06:12] exception such that in insert such that the maximum height limits as stated in [1:06:21] 10771B are increased for up to five additional feet [1:06:27] of building height. [1:06:39] So this would this portion would get scratched. [1:06:43] Uh lines 117 to 118 would be reddrafted to add the additional clause. So long as [1:06:51] but not the so long as not the so long ask. Thank you. Thank you. [1:06:58] And uh I appreciate Jay's bringing this to my attention because I missed it. [1:07:11] Are we clear on what the wording changes? [1:07:16] Okay. All [1:07:19] right. Any additional discussion? We get to vote. [1:07:25] All those in favor say I. I. All say nay. Motion passes. 5 nothing. [1:07:32] And I do I do want [1:07:42] Mayor Pro Tim. Yes ma'am. Uh, I would like to take a minute to uh give a big [1:07:50] thank you to the CRCRC, Dave Bench, Tom Ferrell, Duke [1:07:54] Garwood, Alex Robinette, Jayvon Babl, Jeff Marx, Brian [1:07:59] Ryder, and for all their work that they've done on this project. I would [1:08:04] also like to give a big thank you to the members of the planning and zoning [1:08:08] commission, Dave Bench, Tony Stein, Mike Rhodess, Brian Nash, Jeannie Nyer, Jerry [1:08:14] Fleming, Michael Hall for all the work they've done on this project. I would [1:08:20] also like to thank the community members who have spoken up and come to the [1:08:24] meetings and attended and given their advice and their comment and their um um [1:08:32] uh participation, the benefit of their council to the commission and to the to [1:08:38] both planning zoning commission and to this council. And I would like to give a [1:08:42] big thank you to our staff Michaela and Nikki Ashley now gone and our new [1:08:48] administrator Allan who have manned the meetings, kept us on track, answered our [1:08:54] questions and shared their experiences. And I would like to also thank Alter [1:08:58] Studio for all their good work on this project. [1:09:08] All right. Um, we have had a request to jump to agenda item number 11. [1:09:17] This will be quick, Melissa, and then we'll go back to [1:09:19] your discussion and possible action regarding appointing appointment to fill [1:09:24] a vacancy on the planning and zoning commission. Um due to the retire um [1:09:31] resignation of Michael Rhodess, we have an opening on PMZ and we have two [1:09:37] applicants for that position. Sean Downing and Jay Van Bal. [1:09:44] I have a motion. Okay. Uh I would move that we appoint uh Jayvon Bavl to the [1:09:51] open position on planning and zoning commission. Jay's been a tireless member [1:09:55] of the CRC. did a beautiful job on the pre-ordinance and uh I think you do a [1:10:01] fine job on planning and zoning and I so I would like to move to appoint Javvon [1:10:07] Babel. We have a second. I'll second. [1:10:12] All right. Motion by Brooke, second by Kevin. Any further [1:10:17] discussion? All those in favor say I. I. All oppose. All right. Motion passes. [1:10:24] Five to nothing. Uh, welcome Jay. The planning and zoning [1:10:30] commission. [1:10:35] All right. Appreciate you being willing to serve. Yes. Yes. And Sean being [1:10:40] willing to serve. Absolutely. We will find a spot for him later. [1:10:48] Um, we will go back now to agenda item number eight, discussion and possible [1:10:53] action on recommendations from the park commission regarding proposals received [1:10:56] for the alternative plan to the retaining wall project. [1:11:02] All right, who wants to who wants to talk? [1:11:14] Melissa Morrow, 252 Timberline Drive. Um, parks commission chair. Um, this has [1:11:19] been a long time coming. Um, this was approved almost probably more than a [1:11:24] year and a half ago. Um, and RCDC has funded it. Um, and we got some great [1:11:30] bids. They were wide ranging in scale. Um some people wanted to do what seemed [1:11:37] like a went above and beyond what was required of the bid. Um we did feel [1:11:42] really confident that Gomez um would do a good job. They do a lot of work in the [1:11:46] community and um several people were familiar with them. Um and they also [1:11:53] happen to be the lowest bidder which we love. So um but we do think they do [1:11:57] really quality work. So, um, if y'all have any questions, go right ahead. [1:12:03] So, are we being asked to take action and approve the Gomez Gomez bid bid? [1:12:09] Okay. And that that's what uh we had a motion from parks recommending it to you [1:12:13] all. Great. Okay. And you're confident that their bid includes all of the [1:12:18] essential items? Yes. Because they're very brief. They are [1:12:24] very brief. And so I was very wordy. I was I was not clear from [1:12:31] their bid that they had from the wording of their bid and [1:12:36] from the dollar amount of their bid that they had included everything. So they [1:12:41] did and I I can tell you one comparison to Moserity. Moserity included a rain [1:12:46] garden and something else that was way above and beyond what we were having a [1:12:50] plan for. So that if you took those two things out and I can't remember what the [1:12:56] other thing was, then they really were very similar. Um, but we really believe [1:13:01] that Gomez has seen the picture of what we want it to look like and they're [1:13:05] like, "Done. That's what we're going to do." [1:13:10] And they and they're familiar with the site and they know what they have to [1:13:16] demo and Yep. what they're starting with and all of that, too. So Okay. [1:13:21] Okay. Move to approve. Second. All right. Any additional discussion? [1:13:29] All those in favor say I. I. Oppose say nay. And thank you to parks commission [1:13:36] for getting this proposal together and before us. Yeah. Yeah. CDC2. Yeah. Such [1:13:42] a such a better plan. Fantastic. Much better plan. I think it's going to be [1:13:46] really beautiful. And then we have one more thing. Okay. Yes. We go on to [1:13:52] agenda item number 12, I think. I think no, we're nine. Nine. Okay. Um, [1:13:58] discussion and possible action on a recommendation from the park commission [1:14:01] to authorize funding for a partial survey of Rollingwood Park to be used to [1:14:05] facilitate planning for future improvements. Yes. So, it turns out we [1:14:09] don't have a survey, which makes it really hard. Um, in particular, when we [1:14:13] look at um doing some improvements to the parking areas, that's what we're [1:14:17] really looking at at this point. And so I think you can see in your packet [1:14:21] there's three different levels of what we could ask for in a survey. And we [1:14:25] really just decided that we would let you all make the decision. Um basically [1:14:29] one is to survey the entire park. Um two is to survey just the upper park and [1:14:35] three was just to survey the areas around our parking. And when I say that, [1:14:41] I believe we actually drew a little picture around it. I don't know if it's [1:14:44] included in your packet, but basically what we're talking about is the the [1:14:49] parking lot that is south of field two um uh east of field 3, four, and five [1:14:59] between the field and the pool. And then the one that's north of fields 3, four, [1:15:06] and five, that's we just need a survey basically around those areas. I would [1:15:11] include I liked the bid that had $15 per tree. We because we do want to include [1:15:16] the trees obviously that's important in the park, you know, dealing with the [1:15:20] parking. Um but we're totally fine with not doing a full survey and just doing [1:15:27] um the areas around those parking areas and the I'm just now seeing this bid [1:15:33] price. So um can can staff address what the the [1:15:40] cost of the different options are? Yes ma'am. So we did ask um ATS with whom we [1:15:46] we normally work for such things. They bid it conservatively. So they did say [1:15:52] this can be kind of the high-end cost because of the time constraints they had [1:15:55] from us between the park commission meeting and this meeting for it. So the [1:16:00] uh the full survey which is the boundary and improvements only they're saying be [1:16:04] 11,000 or no more than 11,500. The upper park boundary and [1:16:08] improvements be no more than 6,500. And then the portion of the park that uh [1:16:13] Miss Mara just described would be no more than 3500. The tree survey would be [1:16:18] kind of an alakard option of $15 per tree. And if we want to do topographical [1:16:23] features as well, that would add either 5,000 for the upper park or 8,000 to the [1:16:27] cost of the entire survey. I don't see do topographic of just that [1:16:32] area. Yeah, but it's it's I don't think you're going to need it because that if [1:16:38] you're talking about just the parking lot areas, it's pretty flat. So, there's [1:16:42] not really a bunch of topo to shoot and the grades are pretty obvious as far as [1:16:47] which way it's going to sheet flow, I think. But I don't think you need the [1:16:51] too. It's just my opinion, but that's just an opinion. We know what that's [1:16:57] worth. Well, I'd be in favor of doing just the parking lot areas and including [1:17:02] the trees as you mentioned. That seems like a reasonable cost and I certainly [1:17:07] understand the need for it to plan parking lot improvements and I think [1:17:11] those parking lot improvements are sorely needed. I'm really glad to hear [1:17:15] the park commission's focusing on the parking lot and what could be done to [1:17:18] improve it. I think it's been a safety issue for a long time and it's very [1:17:23] inefficient as it is now and so I certainly support that effort. [1:17:31] Which one? Option three. Is it option three with the trees included? [1:17:38] Trees in that area. Yeah, just the trees within the boundaries of that area and [1:17:42] no topo just to basically locate the pavement, the [1:17:46] fencing, the grass, the figure out that'll help them lay [1:17:52] that into CAD and start playing around with new parking lot configurations, see [1:17:57] if they fit or not. Do we have any other projects where a more thorough survey [1:18:04] would be useful? [1:18:08] Well, I don't know what y'all's plan is if you do the um the city hall and this [1:18:15] area. If you consider that part of the park, that that's that would be a [1:18:19] another huge project that I occasionally hear about. [1:18:24] I think we should do that on a cart at that time. Yeah. I'm sorry, I can't hear [1:18:29] you. I I think we ought to, you know, Yes. [1:18:33] We haven't gotten very far on the design of city hall, but I think at the time [1:18:38] that we start doing that, then we'll worry about doing topos and and surveys [1:18:44] of this area. I don't think we need to include that in with this. Nor do I [1:18:51] think that the fieldhouse requires any kind of survey currently if we want to [1:18:57] do anything with the fieldhouse. Could could we put on the agenda for our next [1:19:02] meeting to talk about the status of the new city hall and uh you know kind of [1:19:07] see what's happening with that and what we want to do about it if you don't [1:19:10] mind. Yeah, absolutely. Thank you Michaela. [1:19:15] Yes. Yeah. I didn't but I just this is ad livinging [1:19:22] Shanti Jumar 39 Park Drive. When we did the park master plan, did they not do a [1:19:29] survey? Just a question. I mean, that cost us like $25,000 for the entire park [1:19:36] master plan. You would have thought I I couldn't dig up my thing. I didn't have [1:19:40] the time. But I know we've asked all the city staff and no one's been able to [1:19:44] find it because I exactly like you, I thought for sure we don't have a survey [1:19:47] because I have the park master plan somewhere, but I just couldn't get my [1:19:52] hands on it. We looked through that as well. look through different department [1:19:56] on the Travis County police website. I I've just [1:20:01] That was a big big expense that we did to survey and chart out all the you know [1:20:09] where everything is, right? Surely that was part of the I hate for us to pay [1:20:15] double for all these things. So I just thought I'll bring that up for yall. [1:20:19] I've seen that master plan and I didn't see a survey in it. I don't think there [1:20:23] was one. I don't think there was one. Um, there probably was a survey done [1:20:29] when we bought the property from the There's a meats and bounds description [1:20:35] dispound. Yeah. But it won't show where the fence is, where the edge of the [1:20:39] pavement is, and they're trying to locate like the ball field fences and [1:20:42] the pavement edges which came later. Yeah. Which can they can then drop into [1:20:46] a CAD program and start redesigning those parking areas. That makes sense. [1:20:51] Well, just start guessing. There's a good there's a good point. We tried. [1:20:56] Yeah, we we looked everywhere. Save some money like this retaining wall [1:21:03] project retaining wall project. I mean, didn't we like [1:21:07] 30 up to 30,000 or something? That was what the original cost was. What did the [1:21:12] new retaining wall project? What is the new Gomez that we just approved? [1:21:17] It's approximately 21,000 and RCDC my memory serves me approved up to 32. [1:21:23] Yeah. Or 31 32 somewhere something like that. Yeah, that's great. I don't know [1:21:26] if there's a way to like lump this in. You going to get our CDC to pay for [1:21:30] this? Yeah, we could ask them to part of a capital improvement. It is. I would [1:21:36] think they had allocated as part of their motion the 32,000 or 31,000 was [1:21:42] for erosion controls behind the fieldhouse. Okay. All right. We can come [1:21:47] back to them later. Well, I would that because they beer slotted a certain up [1:21:53] to a certain amount annually, but we can certainly ask [1:21:58] I'm I'm happy with the upper park only and trees, the parking areas only. [1:22:05] Uh the half park survey as it's listed in the attachment. [1:22:12] Yeah, half park survey. the half park survey at $3,500. [1:22:17] Option three plus option six, the tree survey for the half park area. [1:22:24] Great. Yeah. We have an official motion. A motion. Is [1:22:29] that a motion? Um I'm I was thinking you were going to do the motion, but I can [1:22:34] do the motion. I'm I move we approve uh uh hiring ATS to do a half park [1:22:43] survey identified as option three in their bid proposal at $3500 plus option [1:22:49] six tree survey at $15 per tree for those trees that are in the half park [1:22:56] survey area plus tax plus tax [1:23:03] if applicable if applicable. [1:23:08] Okay, that's the way they've quoted it. So, just make sure. [1:23:14] Okay, we have a second. [1:23:19] A second. Okay, motion by Brooke, second by Kevin. Any further discussion? [1:23:26] All those in favor say I. I. All post say nay. Motion passes five to nothing. [1:23:33] Thank you. Thank you. [1:23:48] Okay. On to agenda item number 10. Discussion and possible action to [1:23:53] approve the fiscal year 2025 2026 budget calendar. [1:23:59] So, mayor and and council members, uh, the proposed calendar in front of you [1:24:03] very closely mirrors um what you did last year. Uh, the days had to go [1:24:09] forward and backwards a couple of days based on uh when Wednesdays fall. It all [1:24:14] meets the uh it's been reviewed by our legal department here, our legal [1:24:18] services. And um the calendar is legal so long as the [1:24:23] tax rate that is proposed by council um will not exceed the voter approval rate [1:24:28] which I thought was a safe assumption for the uh the draft of the the [1:24:37] calendar assumption. I never I never like to assume too much [1:24:41] but I thought that was that was safe. Well that has been our that has been our [1:24:46] normal procedure. Yes. do not require a vote on our tax rate. [1:24:56] Um, I would move approval of the proposed budget and tax rate calendar. I [1:25:03] will note I am out of town the Wednesday, June the 11th. U, [1:25:09] but someone can catch me up, I'm sure. I don't know if other I raise that only [1:25:16] because if others are going to be absent, we may want to change that date. [1:25:19] But if not, I can live with it and June when June 11th because it's a [1:25:26] workshop, we don't have to have a super majority [1:25:31] even even if it's just a work even if we're not taking any action. [1:25:36] Okay. spoke one of them can be n all have to be in person. Okay. Okay. [1:25:46] Anybody else have a problem with June 11th? [1:25:50] [Music] [1:25:54] Nope. I'm looking two days before that. Somebody's [1:26:00] flying to MSP that day. Okay. The other one that might be you have to be is [1:26:08] Labor Day September [1:26:17] 1st. I mean that's far enough away that might not be a problem. It is apparent. [1:26:22] Anybody going to be gone the week of Labor [1:26:28] Day? Okay. [1:26:34] we can catch you up. Yeah, I think so. Okay, so it was a motion. Did we have a [1:26:41] second? Second. Okay, motion by Brooke, second [1:26:46] by Alec. Any further [1:26:52] discussion? All in favor say I. I. Any oppose say nay. All right. Motion [1:26:58] passes. [1:27:04] All right. 11. So on to agenda item number 12. Discussion, possible action [1:27:10] on a recommendation for planning and zoning commission requesting a [1:27:14] recommendation and next steps such as scheduled public hearings from the city [1:27:18] council regarding proposed amendments to the Rollingwood Code of Ordinances, [1:27:22] Chapter 107, zoning related to definitions and the placement of [1:27:26] playhouses, playscapes, and mechanical equipment. [1:27:32] So, we want to have Dave explain or Nikki, you good? [1:27:40] Okay. So, um this actually comes to y'all from CRC. Oh, actually, sorry. [1:27:49] This comes to y'all partially from the CRC, but um mostly from when we had the [1:27:56] uh playhouse on uh Pwick that came to us and we all were to be looking at [1:28:04] playhouses, playcapes, and then uh mechanical equipment locations. So, they [1:28:09] were accessory structures or buildings. we had a little bit confusion on how [1:28:14] those were defined, how um we were to interpret that in the code. Um what the [1:28:21] planning and zoning commission did is once we got the guidance from y'all, [1:28:24] they uh started a subcommittee and that subcommittee kind of came up with the [1:28:30] different definitions of playhouse, the playcapes, where they should be located [1:28:34] and um how to differentiate um the locations of them. Um, so that is the [1:28:40] one ordinance that you have written in front of you that gives you the [1:28:46] definitions as well as the placement for those. And then on the other ordinance [1:28:54] that you have in front of you is for mechanical equipment. The reason for [1:28:57] this is um mechanical equipment such as a pool, a generator, um your AC's, HVAC [1:29:05] units, anything of that is considered a structure currently in our code because [1:29:10] it is built on a slab and structures can't encroach into a setback or into a [1:29:18] required yard. So with that um it was kind of interesting on how those are [1:29:24] playing out with the review process. Um so the commission did kind of come up [1:29:31] with a definition of what mechanical equipment is which does define out the [1:29:37] generators, the pool equipment and HVAC. And then it uh gives you the [1:29:44] allowances of where they are allowed and where they're not. [1:29:48] Um what we are asking is that um y'all take a look at this and uh the planning [1:29:56] and zoning commission uh did look at this. They did um kind of go in and [1:30:03] approve the language per se to bring forward to y'all. Um and they did that [1:30:08] unanimous unanimously um on two separate votes, two separate occasions. Um, and [1:30:16] what we're asking is for you to take a look at that and then um, if possible, [1:30:20] this will have to go through a public hearing before it is adopted. So, um, I [1:30:25] do have a few dates for that if y'all are interested in that. [1:30:42] Do you have any questions, comments? I think we should [1:30:46] take them one at a time. I didn't have any on the mechanical. I [1:30:51] did on the playscapes, I think. I'm just trying to figure it out. [1:30:55] Okay. Want to do the playhouse and playcape one first? [1:31:02] I am I'm ready to uh allow this to be go back to planning and zoning for a public [1:31:08] hearing. I don't think we need to spend that much [1:31:12] time deciding if we like this exact language because it will go back to [1:31:17] planning and zoning for public hearing. Yes, we are. [1:31:25] [Laughter] [1:31:33] I think you got a good point. I think you have a good point. Yeah. I think [1:31:36] what they need is just for us to What is that? Do you want to make that a [1:31:43] motion to send it back? I would I would move we approve [1:31:48] the recommendation uh from planning and zoning to set a [1:31:55] date for their cons for public hearings on the [1:32:02] uh playscape the proposed Playscape ordinance and [1:32:08] um mechanical equipment ordinance and that [1:32:13] Um I think the So that's my motion. Second. And the So you doing just one or [1:32:20] both of them? She did both. Both. Okay. And I would um as to public hearing, I'd [1:32:28] like some discussion on whether there are other things pending that require [1:32:34] public hearing at planning and zoning and when we might set those dates and [1:32:37] whether we do a joint public hearing on them. [1:32:42] At this time, we don't have anything that's pending for a public hearing [1:32:46] except for these two. Okay. Say public hearing in the summertime is usually not [1:32:51] go over well. Want to do it in September because a lot of people are gone. I do [1:32:57] have the potential dates if y'all are interested in that. Sure. Okay. So, um, [1:33:04] with the timetable that we have to notify with the mailed notices and the [1:33:09] newspaper, the next PNZ meeting that it could go to, if y'all would like to do a [1:33:13] joint, um, is the planning and zoning commission meeting on the regular [1:33:17] scheduled agenda date of June 4th. So, um, not um, actually, sorry, sorry, [1:33:26] that's not enough notice. If we wanted to do a joint meeting on uh y'all's next [1:33:30] scheduled uh council meeting, so the June meeting on June 18th, we could do [1:33:35] that. Um but planning and zoning would have to attend y'all's meeting for that. [1:33:40] Um and then we could jointly do that if that is one. If not, if you wanted to [1:33:44] kind of do them separately, the next uh PNZ meeting, if y'all wanted to do them [1:33:48] separate, would be the July 2nd one. Um and then the council meeting for July. [1:33:55] Is there going to be a July 2nd P&Z meeting? [1:34:00] I'm sorry. Is there going to be a July 2nd? Right. Um, [1:34:06] well, I guess it depends on whether or not there's a subject matter to discuss. [1:34:10] I was going to say a lot of the boards and commissions don't meet in the [1:34:13] summertime because you can't get enough people for a quorum and the week of [1:34:18] Fourth of July. Fourth of July. my office. The week of Fourth of July was [1:34:23] just as bad as the week of Christmas. It was like nobody there. So, can we just [1:34:28] do it in September? Let's do it as a joint a joint meeting. [1:34:33] Let's do it in in a joint meeting so we don't have to do two notices and do it [1:34:37] in September. That's what I'd suggest. That's what I would suggest too. And [1:34:41] this is residential code. So it would require [1:34:47] um individual mailings, doesn't it? So I think it's I think it saves us money and [1:34:54] effort to do a joint meeting, joint public [1:35:01] hearing. So I would agree with your recommendation. Do we want to anybody [1:35:08] have any tweaks to these before we publish them for a public [1:35:12] meeting a public [1:35:17] hearing? I have a few comments if nobody else does. Um the definition of [1:35:22] playscape um where it says has no solid [1:35:26] floor. A lot of the play states have um upper levels that have a solid floor. [1:35:35] And so I don't know why the solid floor is a part of that definition but I think [1:35:45] that is unnecessarily restrictive. My understanding from the planning is [1:35:51] only commission the intention was I think a ground level floor so as to [1:35:55] preclude the the growth of grass. I don't think they were considering a [1:35:59] second level where it's open below. So I know there's a lot of focus on could the [1:36:03] sunlight get there? the rain get there. And I think we should clarify clarify [1:36:10] that. Um and then on the taller place gate where it says the [1:36:21] D3, the playhouse must be set back at least six feet from any property [1:36:26] line. We [1:36:30] have setback requirements. um for [1:36:36] fences. I don't remember if the fence is the side fence is 15 feet from the curb [1:36:41] or from the property line. [1:36:46] It's going to be um from the curb because it can be on but Oh, you're [1:36:52] talking about from the front, not on the side yard on a playcapes may be in the [1:36:57] required side or rear yard, right? Okay. Okay. So, if it's on the side on the [1:37:02] corner. Yes, I get it. Yeah. I did not follow that. Yeah. What's your Can you [1:37:07] explain what you were thinking? Okay. If you have a house on a corner. Mhm. You [1:37:13] have a requirement that the fence if you have a fence that it can't be any closer [1:37:19] than 15 feet from the curb, right? And the side. [1:37:27] Um but then 10 feet of that is the rightway. [1:37:33] The rightway. 10 feet is what? Is the ride ofway? 10 feet of what is the [1:37:39] rightway? 10 of the 15t that you have from the [1:37:45] curb to the fence. 10 feet is the rightway. And so you could put it I [1:37:52] guess that would allow you to put it just inside the the allowable fence. So [1:38:00] okay I wasn't remembering if the if 15t was [1:38:05] from the curb or from the I don't from the property line. When you say 10 the [1:38:11] first 10 feet on a residential lot on a corner lot from the curb to the the [1:38:17] first 10 feet on the sideyard is right ofway property from the curb. [1:38:23] Yes. Right of way for what? Street rightway. Street right period. Just city [1:38:29] rightway. So your prop your property line is 10 feet from the curb in most [1:38:35] cases. It's crazy but that's what it is. We don't own the first 10 ft from the [1:38:41] curb of our of our Okay. You're saying so it's not so this the setback begins [1:38:46] at the property line setback. The setback does but the where [1:38:52] you can put the fence there's is and the fence is where 15 ft from the curb right [1:39:00] so it would be inside the property line five feet within the property line. [1:39:05] Okay, now I'm following. So, I just wanted to make sure that the that you [1:39:09] couldn't have a playhouse closer to the street than you could have the fence. [1:39:14] So, I just want So, it would be a foot it'd be a foot inside the fence in that [1:39:18] scenario if they put it as close as they could. Okay. [1:39:23] But I love the idea of letting planning and zoning work though. [1:39:27] [Music] Got a fresh member. We do beat this up [1:39:33] pretty good. [1:39:37] on the on the mechanical one. [1:39:48] Um or the the backyard. There's no distance. What [1:39:55] line are you on, please? 36. [1:40:00] This is required. Um, line 36. Yes. [1:40:08] Um, so you can put it all the way up. The mechanical equipment ordinance. [1:40:13] Yes. [1:40:19] [Music] So you can put it up up against the [1:40:24] fence in the back. In the [1:40:29] back. Yeah. We did not specify [1:40:36] and and we had talked before about requiring all of this stuff to be in the [1:40:42] buildable area. And to me, that's a huge change [1:40:46] from in the buildable area to right up against the back fence. Um, and I am [1:40:52] surprised that PNZ recommended this because I thought one of the members of [1:40:56] PNZ had a problem with somebody somebody's a neighboring pool equipment [1:41:01] that was up against the back fence that was noisy. The side fence [1:41:07] was it that their side? Side fence. Okay. Yeah. And [1:41:12] well, side fence, back fence doesn't make any difference if it's up that [1:41:16] close to your house. It's still going to cause a problem. Okay. Not not all of [1:41:20] these things uh passed [1:41:23] u by everybody. Okay. These these these votes were not okay. I would I would not [1:41:31] be in favor in allowing it to go all the way with no restriction to the backyard. [1:41:39] And if we make these changes, our existing [1:41:44] installations, grandfather, because we do have, I've [1:41:50] walked around the neighborhood just to look and see where everybody's AC units [1:41:54] and generators and, you know, stuff that you can see from the street. And we do [1:41:58] have a couple houses that have their AC equipment in front of the house. Um, [1:42:04] your generator's in front of your house side. It's in front of your house. [1:42:13] I don't know that I would define that as the front of my house. I think it's in [1:42:17] the defined side yard. [1:42:22] Let's get a satellite image up right now. Yeah. Yeah. No, I Anyway, I'm just [1:42:28] I'm just wanting to make sure that we we don't [1:42:33] um penalize people who already have their stuff installed and also that we [1:42:40] are Yeah. Um careful about the screening. We've [1:42:44] got a lot of people that have AC units on their sideyards. Sure. [1:42:49] And so, um, having to screen those if it's new [1:42:55] equipment, but then if somebody has one that's there and they replace it, they [1:42:59] then have to screen it if it's this is in zoning, so it's [1:43:04] it's existing units would be grandfathered. I don't I don't think [1:43:09] unless it required a permit, would this replacement does require a permit? Uh, [1:43:14] because it's a zoning requirement, not a [1:43:19] Um, a new AC unit requires a permit. Okay. [1:43:25] Really? Yes. Replacing one does. All right. Can we get rid of that one? Yeah. [1:43:32] Thanks for there's probably nobody in the city that knows that. [1:43:39] Yep. Oh, I didn't hear that. Electrical alone. I mean, got to get an electrician [1:43:44] to do it. It's going to require the [1:43:50] AC company does. They don't have to connect the AC electricity. They do. It [1:43:55] doesn't require electrician HVAC contractor. [1:43:59] It's got it's got a shut off that's on your house typically and then a line. [1:44:05] And what they're going to do is disconnect the line and connect it to [1:44:09] the still mechanical building code. [1:44:14] I've never had an electrician come out when I replace my AC unit. You're [1:44:18] getting a little a field. [1:44:24] Oh, I'm trying to clarify who this would apply [1:44:28] to. And if it applies to somebody that has an existing house and has an AC unit [1:44:33] that's on their sideyard and they get a new AC unit, are they going to then have [1:44:38] to do the screening? Good question. It is a good question. I would think no [1:44:43] unless they were fully moving it if you wanted to relocate it. But if you're [1:44:49] from repair and replace legal standpoint, what [1:44:55] formal uses and structures and then see what it says. Okay. All right. Well, [1:45:01] we're not voting on it now. I just those are the things that came to mind when I [1:45:05] was reading this that we would need to clarify. Well, I think the question [1:45:09] would be, do you want it to come back here [1:45:12] uh for us for the council to address those questions before we send it back [1:45:17] or do you want to go ahead and send it back or set it for public hearing and [1:45:22] have and that that would that that's what I think that's where I think we [1:45:27] are. If you don't think it's ready for prime time, we can take it back and look [1:45:33] at some more. I would suggest that since we don't [1:45:36] really want to have a public hearing before September anyway, why don't you [1:45:40] guys work on it and take those notes and see what you can do with it? [1:45:53] I move we send build your playhouses before the law changes. [1:45:59] uh two draft ordinances in item 12 back to planning and zoning for consideration [1:46:05] of the council's comments and further work with a public hearing to be [1:46:10] considered in September. Second. All right. Motion by Brook, second by Kevin. [1:46:15] Any further discussion? All those in favor say I. I. [1:46:20] Any post say nay. Motion passes by nothing. [1:46:32] Okay. Agenda item number 13, discussion and possible action on [1:46:38] addressing setback orientation for lots with limited street [1:46:42] frontage. Um, this is my agenda item and the wording was tweaked from what I [1:46:50] submitted. I said with no street frontage [1:46:54] and [1:46:57] the issue that I think we need to think about is there are and I haven't looked [1:47:04] at a map to make sure that I have counted [1:47:07] all all of the various properties that this impacts but we have at least four [1:47:14] that Nikki and I have just thought of off the top of our head. [1:47:19] lots that the only street frontage is the [1:47:25] driveway. And so the driveway, you know, our our code requires for a legal lot [1:47:31] that it have a 100 foot street frontage. And there are some that are back behind [1:47:36] other lots. And so there's a driveway that comes to the street, but there is [1:47:43] no effective property line on the street. [1:47:49] And so I have a a neighbor who has one of these lots behind them and she asked [1:47:58] me about, you know, what they were going to be able to do back there. And I said, [1:48:02] "Oh, this is interesting." I said, "How do you how do you [1:48:05] set not what do you measure from for the set setbacks, but how do you orient the [1:48:11] setbacks when you don't have street frontage?" Because right now we've [1:48:16] defined the you know this the front of the lot is the [1:48:20] addressed lot the addressed um side that faces the street. So that's [1:48:28] where you have a 30- foot setback behind it's a 20 foot setback and then you have [1:48:31] the two sides that total 25 ft. But if you're not on the street what [1:48:38] orientation are those setbacks supposed to be at? [1:48:42] And because you're back in the middle of things, you are going to be abuting [1:48:47] other lots. Those lots are going to abut other lots that [1:48:51] are probably mostly backyards, but also could be sideyards depending on how the [1:48:57] lot is oriented. And I just one of them. Did you look that one [1:49:04] up on Inwood Cove to see how that one was oriented? [1:49:11] We there's one on Inwood Cove that was the subject of a lawsuit a number of [1:49:15] years ago because it was separated off from a lot on [1:49:22] Timberline and it had no street frontage. So you couldn't access the lot [1:49:26] at all and they the lawsuit was trying to find a where they could put a [1:49:31] driveway in so you could actually access lot. So when that came up we didn't [1:49:35] really worry about what the orientation of the setbacks were. We're trying to [1:49:39] get them to be able to actually get to the lot. So, that one's already been [1:49:43] rebuilt and that one is not likely to be an issue, but there's um one where the [1:49:49] home on this interior lot has been demolished and so it is liable to come [1:49:55] back at some point in the not too distant future. And I just thought that [1:50:00] we needed to address this before we have somebody turning in a a plan um [1:50:08] that we have to then say, "Well, we don't really know what what you're [1:50:13] allowed." And so I would recommend that we send this to PNZ for y'all to PNZ to [1:50:21] look at. But if anybody has any thoughts on how we would orient that, if we if we [1:50:29] want to make an exception on the setbacks for those lots, if you if you [1:50:36] do an average all the way around instead of [1:50:40] having the, you know, the 30, 20, whatever, because right now a 30 foot [1:50:45] street setback also has the 10 foot rightway. So, those are really 40 feet [1:50:51] from the um from the curb, but you would not have the you would not have the [1:50:58] rightway issue on those lots. So, they would really be 30 feet from the [1:51:03] property line and and not have extra property on the you know around the [1:51:09] Would there be any lot of any of these lots that would be adjacent to a street? [1:51:15] I don't think No, they're not. Yeah. No, that's right. would be an issue, right? [1:51:20] Okay. But right now, if on on all lots that do [1:51:25] have street frontage, you have the 10 ft that looks like it's part of your yard [1:51:29] that's not part of your property, right? And the setbacks are from that that [1:51:33] point. So, you you have a smaller building area than what the property [1:51:39] area would seem to allow. But when you don't have the rightway, you you can you [1:51:46] only have those the setbacks that you're not able to build into. Yeah. the I'm a [1:51:53] little um I think the description in this one [1:51:58] sheet is a little bit less than clear because it says that [1:52:05] the setbacks are based on street fun frontage but the setbacks are based on [1:52:11] the property line. The orientation is based on street [1:52:17] frontage. And so when we're asking planning and zoning to look at this, are [1:52:24] we asking them to address just the orientation or are we asking them [1:52:33] to change the size of the setbacks or to review the size of the setbacks? Now, [1:52:42] you know, in the residential zoning code, and I think you're talking about [1:52:46] residential properties here, all of the setbacks are defined from the width of [1:52:51] the setbacks are defined from the property line. [1:52:55] So, this is the intent the intention of my agenda item was to address the [1:53:02] orientation. Orientation. Okay. Which is what it says in I just wanted to make [1:53:06] that clear. Yes. And after I turned it in, then I started thinking about how [1:53:13] you would, you know, make this spare for everybody and appropriate for everybody. [1:53:20] Um, and that's when I said, "Well, maybe you could change the the dimensions of [1:53:26] the setbacks because there's there's not really a front or a back or a based on [1:53:34] the street access for these lots. [1:53:40] So, that would be something that PNZ could look at and then give us a [1:53:44] recommendation." So both the orientation and the size of the setbacks. Yes. If [1:53:50] you if you change the setbacks to make them consistent all the way around for [1:53:55] those interior lots, then the orientation doesn't matter. [1:54:01] Is is that what you just said? Is that interesting to you to make it that way? [1:54:07] I I think that I don't have a good way to or I [1:54:13] don't have a um doesn't impact me personally. So I [1:54:19] don't have any preference that I have come up with. I think we just need to [1:54:23] look at the all of the aspects of this and decide what is most appropriate and [1:54:29] and fairest to everybody. In some cases, um, one of these houses it has it backs [1:54:37] up to city of Boston at one point. So, you know, we're not really as concerned [1:54:42] about [1:54:46] it's not backing up on that side. It's not backing up to another Rollingwood [1:54:50] resident. And then some of the other ones are back up to the bluff over [1:54:56] Becaves. So, there's not another there's no other houses behind them there. So, [1:55:01] Are there even five of these in rollingwood? [1:55:06] There's at least four. It's hard to think of, you know, where these might [1:55:08] be. Come up with even five oversh that we have that Vicki and I [1:55:14] came up with. And I, like I said, I have not looked at the whole map and okay, [1:55:18] identified all of them. But yeah, there's what I what I would [1:55:23] suggest is identify the properties and then just go [1:55:28] through them one by one. just kind of put yourself in the [1:55:32] in the shoes of the neighbor and of the property owner. What would be fair? But [1:55:39] there there are, excuse me, um there are some codes that um get very specific [1:55:47] about addresses, not in our code, but I know [1:55:50] other codes do that. And um I'm wondering is that is that what you're [1:55:55] looking for for this particular lot? Do you want to establish what the [1:56:00] orientation and setback requirements are going to be or do you want a more [1:56:04] general uh houses that are off the street behind [1:56:09] other lots? Uh general I don't I don't want to do a oneoff for one property. [1:56:16] Okay. Okay. All right. I don't I don't think that's a good policy. All right. [1:56:21] Okay. I'm going to ask staff to identify where [1:56:25] these properties are and Okay. So, and we can ask planning and zoning to look [1:56:30] at this, decide whether they think it's something that needs to be addressed, [1:56:33] and if it does, what they recommend. Yeah, that what we're going to do. Well, [1:56:38] I think I talked to Brooke about this and you said that right now it says that [1:56:42] if there's any any um uncertainty that the building [1:56:48] official gets to decide that that was removed when we changed did the front [1:56:54] yard requirement. Okay. But that's the way we used to have it. And that to me [1:56:59] puts Nikki in a bad position. And that's that to me is where we are right now. If [1:57:04] it comes in and we don't have this defined, what would happen today if if [1:57:11] the lot is not if you're not if it's not if you can't apply the current setback [1:57:19] requirements to that lot, then they would need to seek a variance. [1:57:25] And so it would go to board of adjustment for approval of of [1:57:30] any variance. Well, it's not that they can't beat this the setbacks. It's like [1:57:35] how do you orient the setbacks? [1:57:40] Well, but you also talked about the size of having them address the size of [1:57:45] setback that would be a variance, right? So that that if we decide to change [1:57:51] that, if we don't change that, we still have to address the [1:57:54] orientation issue because right now that's not really well defined and [1:58:02] and nor we haven't given Nikki any guidance on what we how we want to [1:58:06] handle that. So, we do have some words about, you [1:58:12] know, the front entrance of the house needs to face the street kind of thing. [1:58:17] The addressed street, but she's saying these lots don't abut an address street. [1:58:23] Well, they do face the street, right? The driveway. They're still behind. So, [1:58:27] they would they would essentially take the same orientation as the house in [1:58:31] front of them. Yeah. It's like it's still the driver. It's still there is a [1:58:34] street they come from and the front would still have to face that street [1:58:37] even if it's set back 200 feet. Does it have to? I think that's how it would be [1:58:42] inter but we can make it so. Yeah. Yeah. But that that may not make the most [1:58:48] sense from decide this tonight. I don't either. And I'm concerned about trying [1:58:52] to solve problems in the abstract. But I think it is a good thing for planning [1:58:56] and zoning to think about. I I would think there probably some of these where [1:59:02] the the house is not facing the street and the road Yeah. uh has access to [1:59:11] um so I'm thinking anyway yes this makes up very very good point [1:59:18] that you brought up there's one house two or three Ashworth you know the only [1:59:23] access for it is from Ashworth you have to go all the way you can't see the [1:59:29] house no that's at least five then I forgot about that is a very very unusual [1:59:35] situation you can't apply any of these compared to well and that house does not [1:59:39] face the street. That's what I'm saying. 203 Ashworth. If you put it up, you have [1:59:44] to go from Ashworth where there is 2011 Ashworth and there's a very long [1:59:50] driveway and you wonder where it's taking you. It goes all the way down and [1:59:54] there's just that one house doesn't face Ashworth doesn't face anything. It's [2:00:01] right there. more toward I mean uh uhuh no take take a look on your probably it [2:00:08] probably does more face towards than it does towards Ashworth which is the you [2:00:12] know it brings up a lot of issues for fire safety for access to emergency [2:00:19] vehicles all kinds of stuff nobody has talked about it so it's a good thing you [2:00:23] brought up to take so anyway [2:00:29] okay all right do we need a motion for that or can we just let them [2:00:36] I think we can go on the agenda. Okay. Um All right. We will pass that on [2:00:42] to P&Z and move on to agenda item number [2:00:53] 14. 14. Discussion and possible action on installation of a valley gutter at [2:00:58] the intersection of Veil [2:01:01] Okay, this got changed too and it doesn't make as much sense this way. [2:01:07] Discussion possible action on installation of a valley gutter at the [2:01:10] intersection of Veil Street and Venice Boulevard and other water diversion [2:01:14] structures. It's not an and it's an or. [2:01:20] We need to do something to address the the drainage that comes from Bettis [2:01:27] um down to Bettis and then crosses Veil. Um right now the [2:01:34] water turns and then my directions in rolling [2:01:39] order are always weird. So, it kind of comes [2:01:43] um souththeast and then it turns around the [2:01:48] corner and goes north northeast and then it goes across the road in the middle of [2:01:55] the street. And if it's raining really hard, [2:01:59] it goes over the curb and right down to their front door. Whose front door? You [2:02:04] said their front door. 305. Yes. For the home on Veil. [2:02:10] Um, [2:02:15] you saying the one in the picture? [2:02:20] Is there a picture? Yes. [2:02:29] In the public comment. [2:02:32] Okay. Yeah. Yeah, there's a picture. Well, I know there's a picture on the [2:02:37] public comment. Okay. No, that that is not right. That is not [2:02:42] the picture of the house that's being affected. Okay. Um, no, [2:02:49] that's 305. It is. There's a picture of it. The the [2:02:54] house with the fire plug in front is the house that's affected. 305 305 305 Veil. [2:03:01] They have they have done some grading and made [2:03:06] changes, but they had water all the way up to their front door um in a recent [2:03:11] heavy rain and it goes rushing through their sideyard and out um to the street. [2:03:19] And we had talked about this a number of years ago when we were doing some paving [2:03:24] projects and I said we should put a valley gutter in there because we want [2:03:28] the water same as we talked about at the same time we talked about the valley [2:03:32] gutter at the end of Nixon at Hatley which was put in but was not put in [2:03:37] properly. Um because we have places where the water is coming down the [2:03:43] street and it instead of continuing on to the final drainage point, it comes [2:03:47] around a corner and then it impacts other homes before it gets to the final [2:03:52] destination. Can you tell us again where the water's flowing now that I'm looking [2:03:56] at this picture and I've got a map up? Is it coming from Bettis? It's coming [2:04:00] down most of it's coming down Bettis mostly going west to east, right? It [2:04:05] gets to Veil and and it doesn't cross the street at Veil. It does not go it [2:04:09] does not go straight. It does not go straight across the because of the way [2:04:13] the the better is curved. It goes around the corner and then it goes across the [2:04:19] street. There's also a hump and Bettis crown. Well, there's some there's [2:04:25] crowning in all the streets to try and get the water to go to the curbs. So, it [2:04:29] turns left in this picture that we're looking at. Yes. Okay. And then it [2:04:33] crosses the street like right near the homeowner's front door. Right by the [2:04:38] front sidewalk and it Okay. So, you're saying it should go straight across um [2:04:42] Veil on Bettis and stay in line with the Bettis curb. Yes. Okay. Stay in the stay [2:04:47] in the street and and then continue down to because otherwise right now it's like [2:04:52] turning north crossing the street and then turning south again to get back to [2:04:56] bed. Exactly. At the moment, there's also a low spot in the picture there, [2:05:00] right just to the right as we're viewing it of the mailbox. So, it'll pull there. [2:05:05] Then later on during the rain event, it gets to jump the curb. So, it jumps the [2:05:09] curb and it flows down those people's front walkway right up to the house and [2:05:14] and brings all kinds of dirt and debris that it's deposits in front of their [2:05:18] house. And we need to get an engineer to design this for us. [2:05:24] We when we are doing the repaving, it would be best to take care of this [2:05:29] before we do the repaving or in conjunction with repaving. But we need [2:05:34] to we need to address this drainage issue. Um my question is how do we [2:05:40] address it? Do we do it by hire authorizing the city to engage the [2:05:43] engineering firm to design a gutter? Is that what we the first step? [2:05:48] I would think that that would I would think so. Yes, sir. Or [2:05:51] or a diversionary structure or whatever they recommend. Doesn't necessarily have [2:05:56] to be a valley. A valley gutter would make sense. It would also provide um [2:06:01] traffic calming that people go ripping down that street. What is a valley? It's [2:06:06] a concrete swale they put in the middle of the paving or crosses the road. [2:06:10] Sometimes called a pilot channel like old V of concrete. Okay. Wow. Surface. [2:06:15] It's just a dip. Just a little concrete dip. Yeah. Instead of a speed bump. And [2:06:20] this would go take the water from Bettis across Veil. Yeah. Yes. Just to [2:06:28] keep it going straight down and not curving around and then coming across [2:06:32] towards there. Well, I make a motion we authorize the city to engage the [2:06:36] engineers to study drainage solutions for this problem at Bettison Veil to be [2:06:41] built in connection with our repaving. Second. [2:06:45] That's great. Um, the other potential would be to do a a um [2:06:54] not talk that much tonight. No, you're doing great. I have no complaints. [2:06:58] You're doing a great job. Um, you could also do a speed bump, [2:07:04] which I think is not as well preferred by the emergency responders, but but [2:07:10] something we just need something that keeps the water going straight across [2:07:14] and not around the corner. The comments that were submitted to are across the [2:07:21] street from this. So clearly we don't want to make the water go across [2:07:26] Bettis to the other side of the street, but we just need it right to not go into [2:07:33] their front door. And just in a little history note, I was going through some [2:07:40] boxes of Rollingwood files and I came across a um memo. Was it 2006? Something [2:07:48] like that, I think. So it was even before I was on council. So clearly we [2:07:51] got a copy of this memo when we were talking something after I got on [2:07:54] council, but this property was identified as a problem for the drainage [2:08:00] in 2006. So it's been a really long time that this has been [2:08:04] um an issue, the 305 property. Yes. Okay. [2:08:09] Yeah. Not not the same house, but the previous house had problems as well just [2:08:14] because of the lot and the way the street is graded. So [2:08:18] Okay. Okay. We have a motion in a second. Um, [2:08:24] any further discussion? Well, the discussion to the comments that were [2:08:30] submitted having having it go continue down bed is which I think is what we're [2:08:37] thinking. The engineers the engineers will determine [2:08:41] how best to deal with the water flow. Correct. Right. Right. So it may be [2:08:46] going straight down bed, maybe something else. Okay, that's all. I just didn't I [2:08:51] do want to take into consideration the getting out of the driveway issue that [2:08:56] was brought up by the comments. [2:08:59] So but yeah, that's it. Well, we have no [2:09:05] control over the volume of water that comes down. I understand that. Yeah, we [2:09:09] just want to make sure that it doesn't [2:09:16] go or is this just one of se? We can't help that. That's in one seven. It's one [2:09:22] right now. It's one right now. Yeah. And when you talk to Tom Farah, he'll often [2:09:29] be um when you talk to Tom, he'll often talk about when we we talk about [2:09:36] drainage problems, he'll say, "Well, there's really only about five houses or [2:09:40] lots here that have really problem with [2:09:44] drainage in the kind that I think that what you're describing. And I'm [2:09:48] wondering if there are other addresses here that if we were gonna if you're [2:09:52] going to do something with one, if you want to look at more than one, it might [2:09:56] be worth I'll ask Tom what those other places are. [2:10:02] I mean, if there are other problems we can do and one of the problems I have [2:10:05] with like just city government in general is we get one problem, we try to [2:10:09] solve it and then we want to scale it up and solve five other problems at the [2:10:14] same time and then nothing ever gets done and it's just it's very [2:10:21] frustrating doing drainage projects right now to address drainage issues [2:10:24] that we have in other places. That's right. Well, I'm only taking off of [2:10:29] your, you know, following your lead and that you know that things are going to [2:10:32] get repaved here pretty soon and if you were going to do something, this is the [2:10:36] time to do it. It's a good point. That's all just that like just ask the [2:10:40] question, is there anything else out there that you want to do? [2:10:46] We can we can certainly look and if anybody has any other issue, you know, [2:10:51] we could fix the one at the end of Nixon that should have the here been properly [2:10:57] installed also, but the way I would cut this [2:11:01] is this can be fixed with paving. We have a whole drainage study [2:11:08] that identifies and prioritizes our other drainage issues. [2:11:13] And if there is another drainage issue that can be fixed while we're doing the [2:11:18] repaving and it we know about it, let's do it. But uh I would not, you know, I [2:11:25] think we if once we get into bigger drainage, we need to go back and revisit [2:11:31] that study and set our priorities and they're very expensive. So if this can [2:11:37] be done with repaving, I think we just stick with is this a repaving issue? [2:11:42] Yeah. To my knowledge in my short tenure here, there are two places in the city [2:11:46] that don't appear to be addressed by the drainage work we're doing at the moment. [2:11:49] This being one of them. The other one is at 4824 Rollingwood Drive, I believe. [2:11:53] Miss Shaw, and there's a a water like a storm drain inlet by her home that we're [2:11:58] trying to unclog the uh there's an unusual arrangement of some sort of [2:12:03] system on the one side. We're trying to unclog the pipe between those. So that [2:12:08] if that doesn't work for her as the solution, that might be a more [2:12:12] expensive, most certainly not covered by repaving. But those are the only two [2:12:16] that I'm aware of at the moment. And so once once we try to unclog that pipe, [2:12:20] which is he's been working on getting like renting the right equipment for it, [2:12:24] then we'll know more about her issue. But I think that's the only other one I [2:12:27] know about. This is the one that's I think the easiest for us to fix. [2:12:35] Okay. Any further discussion? No. All those in [2:12:40] favor say I. I. Post say nay. All right. Motion passes five to [2:12:48] nothing. Going to agenda item number 15. Um discussion possible action to [2:12:55] clarify allowable times for construction activities including defining activities [2:13:02] impacted. And this one again got changed a little bit. I was just saying [2:13:07] including defining the activities that are impacted and I had put in [2:13:11] parentheses to include things such as construction, landscaping, utility work [2:13:16] and tree trimming. So Google Fiber has been [2:13:21] working for a while. They were working seven days a week. Um I complained to [2:13:28] the mayor when I had somebody outside my house at 8 o'clock on Sunday morning [2:13:32] making this noise and I said, "Really? We're letting them work every day. This [2:13:37] is really noisy. We need how how is it they are working on [2:13:42] Sundays um and Saturdays because our code right [2:13:47] now talks about construction hours for construction which are only allowed from [2:13:54] 7:00 in the morning to 7:00 at night Monday through Friday and then indoor [2:13:58] finish work from 10 to 4 on Saturday and no construction work on Sundays or city [2:14:05] holidays. So we have other activities. First of all, I couldn't [2:14:11] find a definition of construction in our code. So what all is included? And then [2:14:18] after that, um, is landscaping. But somebody mowing [2:14:24] their yard, you know, people are going to do [2:14:27] that on the weekends. I'm not I'm not worried about that. somebody installing [2:14:31] landscaping where you've got back hose and you know big heavy equipment and [2:14:35] stuff. Is that allowed on the weekends? Um [2:14:41] utility work which is what the case is for Google Fiber. Um apparently they had [2:14:49] been given authority to work on weekends and then we had enough people [2:14:54] complaining I think that Gavin told them you know lay off on Sundays. Um, and [2:15:00] I've also not tree trimming work. That's also very noisy when you have a crew out [2:15:06] there with tree trimming and, you know, big chippers and all of that stuff. So, [2:15:13] people don't know exactly what's allowed and what's not. And so, they don't know [2:15:18] when to call the police and complain because they don't know if they just [2:15:22] have to suck it up and deal with this because, you know, it's just allowed to [2:15:25] happen. Um, and we don't have good definition on [2:15:30] on what is construction. Um, is it just when you have a contractor there or is [2:15:36] it, you know, I don't think we want to restrict something that a homeowner is [2:15:39] doing on their own home. Um, if that even still happens anymore, [2:15:47] whatever. But, but we don't have we don't have any um we don't have any [2:15:52] definition on that. And so, and just kind of our guideline that we've always [2:15:57] used is that if that um property is under a permit, um so if they're putting [2:16:03] in landscaping onto a home that's not occupied, we don't allow that. Um but if [2:16:08] it's a homeowner who has a yard company that's mowing their yard, we've never um [2:16:14] we we've always allowed that to take place. But what if there is an occupied [2:16:18] house that is having a big landscaping project done? They don't have a permit [2:16:21] for that because we don't have a landscaping permit. Correct. And so we [2:16:25] have allowed that because it falls under landscaping and landscaping is not part [2:16:29] of the construction site. So that this to me is another one of those things [2:16:34] that I think that we need to mle over, get some input from P&Z and [2:16:40] see if there is any um any input and if we need to make any adjustments to our [2:16:46] code to clarify when and [2:16:51] um and also for us to decide what we think is [2:16:56] appropriate because right now the the mayor is allowed to [2:17:04] um allow the utility companies to work whenever and [2:17:11] um I personally don't like that idea. It's like you kind of have to have one [2:17:15] day a week where it's quiet. Um but we don't we don't have any [2:17:21] restrictions on that. So, um, because that is up to the discretion of the [2:17:25] mayor and you know, if it's a oneoff, that's one thing, but if it's like every [2:17:30] Sunday for months, that gets really old. So, [2:17:37] anyway, I just wanted to bring this up for people to think about and then also [2:17:41] I think this would be a good one to send to PMZ for them to provide some input [2:17:47] on. Um, I took a look at this. [2:17:55] Um, construction, the term construction's used 171 times in the [2:18:01] code in lots of different situations. Uh, there is a provision [2:18:08] there is a section that addresses work done on weekends. Okay. [2:18:13] uh and uh 101-247 it has an exception for minor [2:18:22] construction that um uh is defined as [2:18:30] um maintenance and repair work normally associated with home or business [2:18:35] ownership and occupancy. Minor construction and demolition associated [2:18:40] with normally associated with home or business ownership and occupancy, [2:18:46] landscaping, mowing, fencing, painting, provided that no such activity creates a [2:18:50] nuisance condition related to noise, traffic, odor, dust, or other conditions [2:18:55] and is not in violation of any other city ordinance. I would think that for [2:19:00] purposes of what you're trying to get to, you ask PNZ to look at this 101-247F [2:19:10] and not the 170 other times construction is used in the code, right? [2:19:17] So that it can be defined for purposes of nuisance and noise and [2:19:23] weekends and then and and uh we don't [2:19:29] I think that would if that would address the concerns you have. Yeah, that that's [2:19:34] fine. I just when I was reading that section and it said this is what you can [2:19:39] do and I couldn't find a definition of what was included in construction and so [2:19:44] that that was my concern because like I said, people don't know when when [2:19:50] they're allowed to complain to the city. So, I've I when when the Google Fiber [2:19:55] was out there on Sunday morning, I was getting texts from neighbors going, "Is [2:19:59] this okay? Are they allowed to be doing this? Why are they, you know, and I'm [2:20:02] going, I don't know. They're not, you know, not normally supposed to." So, [2:20:05] which is why I texted Gavin and I said, "Did we let them do this on Sundays?" [2:20:10] But I I think we need to have better clarity so people know what so the [2:20:16] police know what to enforce. people know when to call the police because [2:20:20] somebody's doing something they're not supposed to and that you know we have a [2:20:25] right reasonable I know another issue that we've always had too is sometimes [2:20:29] on Saturdays uh roof repair that requires the use of tools but it's home [2:20:36] ownership too right so that's so we've always allowed it to happen because it's [2:20:40] home ownership and homeowner repair so um it's kind of but it does fall under [2:20:45] that the noise where That's a That's a good one to [2:20:49] consider [2:20:53] also. Okay, we need motion on that. Are we [2:20:58] good for adding that to see this docket? [2:21:04] I think we can add it too. All right. [2:21:11] All right. So, agenda item number 16. Um this [2:21:25] is discussion of possible action to clarify the definitions of impervious [2:21:29] cover in various locations in the drainage criteria manual and the city's [2:21:33] code of ordinances. [2:21:36] So we have a unique situation where we have [2:21:44] definitions of impervious cover in at least three places that I found in the [2:21:48] code and then the drainage criteria manual has a method of calculating [2:21:56] imperous cover that is different from the other definitions where in that case [2:22:03] you are you are allowed to exempt or not include this the horizontal area surface [2:22:11] area of a swimming pool which a swimming pool is by [2:22:15] definition impervious cover because that's the whole point of a swimming [2:22:18] pool is not to allow the water to drain into the ground. Right? So it is clearly [2:22:24] impervious cover but for the calculation of that [2:22:30] um total area of imperous cover that is exempted in the drainage criteria [2:22:34] manual. When the drainage criteria manual was prepared it was intended to [2:22:42] address residential issues um which residential issues do not have [2:22:48] there is no impervious cover limit in the residential area. The only reason [2:22:52] you have to calculate the impervious cover in the residential area is to [2:22:56] determine whether or not you have to do a water pollution um abatement plan [2:23:00] under the TCQ rules which is a 20% if you're above 20% [2:23:07] impervious cover on a lot you have to do um the water pollution abatement [2:23:13] plane commercial properties have a impervious cover limit but and I didn't [2:23:20] look this up again But I'm pretty sure that commercial properties are not [2:23:23] allowed to have a swimming pool. [2:23:26] So the the exemption of that from the calculation is not issued for commercial [2:23:33] properties. So the only place that has both an impur cover limit and the [2:23:38] potential for a swimming pool is western hills or park zone. So, park zone has a [2:23:45] 50% impervious cover limit and the park zone includes our park and [2:23:53] the Western Hills Athletic Club. So, they are supposed to meet the 50% [2:23:59] impervious cover limit, but the way it was [2:24:03] interpreted in their um plans, at least this last time they [2:24:10] brought the plans in, is that they they excluded the swimming pool um area [2:24:16] because of this inclusion in the drainage criteria manual, which was not [2:24:23] intended to be [2:24:27] Um it was not intended to exempt um allowable impervious [2:24:36] cover. Anyway, we need to clarify it so that it is clear going forward that that [2:24:44] the exemption for the imperous cover area of a swimming pool is only excluded [2:24:51] from the calculation of imperous cover as it relates to the need for a water [2:24:56] pollution abatement plant. Relates to I say the last part is it [2:25:02] relates to the the calculation of imperous cover. um in determining [2:25:08] whether or not you have to do a water pollution abatement plan. [2:25:17] Yes. Um [2:25:21] um the reason why swimming pools are excluded from imperous cover [2:25:27] calculations or why they're not considered whenever you're doing you [2:25:30] know working out your impervious cover requirements is because whenever it [2:25:35] rains on a swimming pool swimming pool fills up and then it drains off through [2:25:39] some other means other than runoff. So pools pool well pools are [2:25:46] constant level and so you know if there's a drainage system on the pool if [2:25:52] it's an ingground pool then it automatically felt takes care of itself. [2:25:56] You don't see pools running over during the rain. They always dispose in the [2:26:01] regular sewer system. Um, now if if if you want more clarity [2:26:08] around that or requirements that like an ingground pool needs to have drainage to [2:26:13] accommodate that, then you can talk about whether or not needs to be [2:26:16] excluded from an impervious cover calculation and maybe that's what you [2:26:20] want. I don't know, but there is a reason why pools are out of it. I I [2:26:25] understand that. Okay. But there is I I understand your your comments. There are [2:26:32] also other reasons for having impervious cover limits. We're over the recharge [2:26:37] zone of the Edwards aquifer and so we want to have make sure that there is um [2:26:44] adequate recharge for the the the aquifer um more green space more um you [2:26:52] know less concrete right so it's the reason that that area is excluded from [2:27:00] the calculation for a water pollution abatement plan is because the TCQ rules [2:27:06] are designed to address water quality and which is primarily um [2:27:14] solids, you know, runoff of of solids contaminating the the [2:27:19] wershed. And if the water is falling into a swimming pool, if it's washing [2:27:25] anything into the swimming pool, that's going to settle out in the pool and it's [2:27:28] not going to be carried off. So different purpose for the impervious [2:27:33] cover limit in in that particular case than from a [2:27:40] um you know a recharge issue or something [2:27:45] else. And and we have a like I said the park zone area is the only place where [2:27:52] we have both the potential to have a swimming pool and have an impervious [2:27:55] cover limit. And so we just need to make sure that we [2:28:00] clarify that. Include that going [2:28:11] forward. So the drainage criteria manual is not zoning code, [2:28:17] right? So this doesn't require public hearing or PNZ. [2:28:32] But we could make this change [2:28:37] without having to [2:28:41] go through PNZ or with um public [2:28:49] hearing. [2:29:14] Actually, the definition in the drainage criteria manual of [2:29:20] impervious cover says means impermeable constructed or installed coverage of [2:29:24] natural ground surfaces and includes only the the footprint on a horizontal [2:29:30] plane. Vertical walls are not included. So that part that definition doesn't [2:29:33] even exclude the swimming pool in the drainage criteria manual. It's just in [2:29:39] the section where you're actually calculating the impervious cover which [2:29:42] is in 7.2.1H. [2:29:59] very last sentence of that where it says water surface area of swimming pools are [2:30:03] not considered impervious cover that's in the drainage manual. [2:30:08] Do you I would recommend maybe bring this back at next meeting with that [2:30:13] language and a recommendation on on changing Yeah. Okay. That would be what [2:30:19] I would recommend. I can do [2:30:27] that. All right. And we can no further action on this [2:30:33] one. Um, agenda item [2:30:38] 17. Chief, this is discussion and possible [2:30:43] action on the purchase of up to five license plate readers in an amount [2:30:46] thought to exceed $15,000 to monitor roadways entering rolling. [2:30:52] Correct. So, just to update you guys on uh that current project is that I have [2:30:57] spoken with Flock um and we and also have spoken to other chiefs too to see [2:31:03] how they're handling any type of PS and things that are happening. And so it [2:31:08] really kind of came to a head where it was determined that so flock is the [2:31:13] actual the guardian of the record and it just to clarify is it is a license plate [2:31:20] reader. It does not identify any type of person who's inside the vehicle. So we [2:31:25] don't have any issue with like any racial [2:31:28] profiling and it only captures that that vehicle information. Um, so in order for [2:31:35] it to become ours for that PIR, it was we would have to pull the data from [2:31:41] their portal. And so when that data is being [2:31:45] pulled from their portal is now being used as an investigative purpose. That's [2:31:49] the only way we we access it. Our our policy would set out the parameters [2:31:55] um that we just can't pull data just to pull data. And so I think that's how we [2:32:02] stay in line as far as the PI stuff goes. And when I spoke with other area [2:32:08] chiefs, they don't have any issues as far as um the P stuff goes. I know [2:32:13] that's the main major hurdle that we're dealing with or that we're trying to get [2:32:17] through. Um, but it's I kind of I was talking to the city administrator and [2:32:25] kind of referenced it to kind of like the TET system that we use to run your [2:32:30] driver's license, run your vehicle information. [2:32:33] It's owned by DPS. We have to, you know, we request it [2:32:38] and it has to be within perimeters only for investigative purposes. We can't [2:32:43] just run people's driver's licenses to run them and and things like that. So [2:32:47] this is kind of the same situation to where but like I said our policy would [2:32:51] also set place to be able to safeguard um and create to where like a punishable [2:32:59] um parameter too if if somebody was doing that outside of our policy. So um [2:33:06] like I said I think that helps. Um, right now we do have it mapped out that [2:33:11] we do have five cameras. Um, one being eastbound [2:33:17] Los, one being westbound on Veil, one being northbound [2:33:23] um at Edge Grove, eastbound at Hatley and and Park [2:33:30] Hills, and then one at southbound uh Riley. And so that's just and also I [2:33:38] want to let you know that there we do have a grant opportunity out right now [2:33:42] um that could possibly and the way I'm looking at the grant is if we want to [2:33:46] move forward at possibly applying with the grant. It does cover the license [2:33:51] plates or it would cover our project at 80% we would be responsible for [2:33:56] 20%. And that would be for a year. And so I kind of looked at it as is this [2:34:01] something that we can trial run these cameras for the year at that 20% rate to [2:34:07] see if this is something that that we're interested in that that we're finding to [2:34:11] be useful. And if it's not, then we pull the cameras at that at the year or we [2:34:16] continue them. But I think it'll give us a good opportunity to see if this is [2:34:22] something that works for the city. Um, and then but like I said, I think we've [2:34:26] also worked through some of those back-end hiccups that that were kind of [2:34:30] coming up. And the other thing that I do did talk to Flock about and kind of [2:34:34] proposed is that if there are con more questions that the council does have as [2:34:41] far as like the privacy and and things about the camera, we can create a kind [2:34:47] of like a work meeting. And I've uh spoke with council member Brown as far [2:34:52] as our police liaison and also with uh city legal and a flock representative [2:34:58] would be uh present too. That way we can iron out any issues that we possibly [2:35:04] have. So I said we're kind of just filling it out see how we would like to [2:35:09] proceed. Um like I said I I think it's in our best interest to to go ahead and [2:35:15] apply for the grant. If we decide to move on the grant, then we do. And then [2:35:19] if but if we don't, we we don't have to. But I think it it probably is best [2:35:24] for us to secure that opportunity. Who's providing the grant? Uh Texas DMV. [2:35:30] Oh, and it's based off of off catalytic converter crime. And and I did talk to [2:35:37] Flock. I said, "We don't we've only had one here. I think maybe two." I said, [2:35:43] "So we don't have much of that." And and they I I was going to say I know yours [2:35:46] and then I know I had another one up in in the um um so but they're seeing a [2:35:54] high approval rate on this grant. So um like I said I believe that it's in our [2:35:58] best interest to to try a map of those locations. I do say [2:36:07] is is five enough to cover all of our entrances? So, so that's kind of the [2:36:12] thing is we did so we actually have more mapped out than the five um to catch it [2:36:20] going east and west if we did decide to go that route. I'm also going to provide [2:36:24] you like a some other information from block that [2:36:29] they did send me today to kind of get to you guys. Um and then that way you can [2:36:35] kind of reference those too. Um the other thing that is A possibility is is [2:36:43] also a 360 camera which would create live feeding for the [2:36:49] park. That is also something that we want to um put onto as well. [2:37:00] Go ahead. Uh what kind of feedback do you get from the other uh chiefs about [2:37:05] how useful the information is? If you everybody's adding to their actual Flock [2:37:12] system. So, nobody has pulled cameras or just adding more to them. Um, there also [2:37:18] is a transparency portal through Flock that anybody can access. We were [2:37:23] actually looking at some data today. Um, tells you how many vehicles um pass the [2:37:27] cameras, how many hits that that were um from the cameras, who though that data [2:37:35] is shared with as far as other agencies. So it actually like I said it provides [2:37:40] some transparency. So um but I I'm not concerned about any type of [2:37:46] um like privacy issues or or racial profiling because like I said that data [2:37:52] is not collected. [2:37:57] But the other thing, and I know that you you were talking about if five is enough [2:38:02] with this grant, with the fact that we would only be paying 20%. It would allow [2:38:07] if we budgeted like the original cost would have been [2:38:11] $22,000. Um, but that includes that 360 camera. Um, that would allow us to be [2:38:18] able to add more cameras and stay under that $22,000 threshold if that's where [2:38:23] because like I said, we would only be paying the 20% for the for the first [2:38:26] year. Sounds like a great deal. So, like I [2:38:31] said, I believe and I think it's a good opportunity for like I said for us to [2:38:36] test run these things and um and not have that big of a cost associated. So, [2:38:41] all we have to decide tonight is whether to authorize to apply for the grant. [2:38:44] Correct. All right. Excellent. So move move to authorize the police [2:38:50] department to apply for the grant. Second. [2:38:53] Any further discussion? I I love the police department. I love [2:38:58] what you guys do in service for me. There's just something in me that is so [2:39:02] against this idea. Like it really is like the privacy thing. I can't get [2:39:06] over. And some of the discussion about like, okay, we have some cameras. Well, [2:39:10] of course the police like them. We'll have more cameras. We'll have a camera [2:39:13] in the park. We're going to be like surrounded by cameras. That's just my [2:39:16] opinion. Maybe I can change my mind at some point, but I'm going to have to go [2:39:20] on. Well, I would point out that both West Lake Hills and City of Austin have [2:39:24] these cameras. Exactly. And so you're driving through them every day. But it's [2:39:28] not my city, you know. And the benefit is that if a stolen vehicle enters [2:39:33] Rollingwood, the police get a real time alert on that issue. that vehicle will [2:39:39] probably go through Westlake Hills and be buy one and probably well they're not [2:39:42] going to follow it into West Lake I mean into like what are we going to do with [2:39:46] it like how effective this is like 10% like let you solve like 10% and so I [2:39:51] think that's what we're determining right and so that's what I'm and that's [2:39:55] why I am trying to go above and beyond that way we can get those questions [2:40:00] answered for you and then that way it'll kind of I like the test run too for that [2:40:05] purpose but the other great thing about them is that if somebody breaks into [2:40:09] your car, okay, um and and robs your car out of in the driveway, you might have a [2:40:15] security v camera that identifies that car that was that came to your house, [2:40:20] right? But it's not going to read the license plate. But you can go to the [2:40:23] police department and say at 2 am a um I understand this. I understand like the [2:40:30] the sales from like that side. I get that. My side is like different. I'm [2:40:35] willing to like sacrifice some of the things like that. Okay, maybe my car [2:40:39] does get broken into or I lose something for privacy and personal liberty. Like [2:40:44] that's just sort of where I I But I think I the the misconception is is that [2:40:50] your data is not actually pulled unless we're actually looking for that and [2:40:56] you're trusting you're trusting flop and you're trusting them to like secure the [2:41:00] data and not do something with it too. So, I mean, and there's just an ongoing [2:41:05] cost. This isn't going to be like a onetime $20,000 deal. It's going to be [2:41:08] ongoing recurring. You're going to like end up doing spend money. I mean, I [2:41:13] don't know. Maybe I can change my mind. And it sounds like there's enough votes [2:41:17] here to approve the grant. But I'm like, you know, to apply for it, but just [2:41:22] telling you that's where I stand. Maybe change my mind, but [2:41:30] yeah. Yeah, one of the things that brought up as far as like privacy and [2:41:34] business privacy. You have a telephone. I understand. But I purchased this. I [2:41:40] control this. This is my personal thing. I can decide. I can decide to leave it [2:41:44] here and go somewhere. Now, what you're saying is you cannot leave the city of [2:41:49] Rollingwood without a camera taking a picture of your license plate. That just [2:41:54] sounds absurd to me. That's it. Cover it up. [2:41:59] Us. that to me like that's not where I want to live. That's just not where I [2:42:03] want to live. I know that's not the toll roads. Good [2:42:08] lord, they flash you at you every time you go down there. [2:42:13] Not right on that. I mean, I understand. Hey, listen. This is like this is what's [2:42:17] happening, right? I see that that's the trend, but I'm not going to personally [2:42:21] be involved in voting to like continue that because I just don't think it's [2:42:24] right. Let's say would um in terms of aiding police [2:42:32] apprehension you you're well I'm kind of how how do you weigh that versus the [2:42:40] privacy issue? I mean, personally, I think get out at [2:42:45] night, maybe try and do do best job that they can do to like solve some of these [2:42:51] things using the tools they have, not having pictures of us leaving every [2:42:56] single intersection and rolling. I see one way I could get out of here without [2:43:00] without being without being like I could go down. Yeah, you can hike out through [2:43:06] the nature center. So, yeah, that's just get an Uber. That's a good way. Well, [2:43:12] that's true. Well, I was thinking about that with all the self-driving cars. I [2:43:16] was like, how much longer is anyone going to be driving? Actually, [2:43:22] yeah, that's just let's just Okay. I just want to kind of get a feel for your [2:43:28] perspective, right? [2:43:32] Okay, Michaela, we have a motion, a second. Yes. [2:43:37] Yes. Okay. Any further discussion? All those in favor say I. I. [2:43:44] All those opposed say nay. Okay. Motion passes 4 to [2:43:49] one. I will say as somebody who had their catalytic converter stolen [2:43:54] probably in the middle of the night and nobody had any pictures of it. So it was [2:43:58] not it was not caught. So I am not worried about somebody knowing if I [2:44:04] leave the neighborhood. um that I would like to be able to catch [2:44:09] the people that are doing stuff they shouldn't be doing. [2:44:12] So, all right. Move to Yay. All those in favor? Hi. Hi.