Travis County Commissioners Court
July 3, 2007
Item 14
We had notice on our agenda our intention to call up item number 14 at roughly two o'clock. It is to consider and take appropriate action on a plat for recording in one, lehne addition.
>> judge, we came back and didn't take action on this particular item last time in Commissioners court because there were unknown factors about this particular project. Course since that time we have tried to get as much information as we possibly could. Of course there are a lot of questions, I think, that the community, who have come down to participate in this item, and also the applicant also needs to have. Let me say for the record right off the top that harris county among others have limited authority when it comes to issues that we do thought have that have been granted, not granted by the state legislature, and one of those is zoning. Zoning means that you can ends up putting comparable land use project together such as residential, industry, industrial, and commercial go with commercial. Of course, the county, as I stated earlier, does not have zoning authority such as the city. This particular proposal for this particular fuel distribution lubrication project, which is proposed to take place on johnny March road is in the etj and also within the county. So under that scenario, there's something called a title 30 where both the county and also the city of Austin look at this particular proposal. So right now it's before the county. It has gone to the crit--to the crit. So with that, judge, if you will allow me to let staff go ahead and start this particular portion of itrb and they have certain things as far as direction as far as how they would like to see how this is orchestrated if that would be the will of the court. Again, there was a lot of information that was not made available ap it has been made available and we have tried our best to send all this information out to the neighborhood association associations, those particular groups that are impacted directly by this particular project. So, again, this particular project is on johnny March road add adjacent to scenic point residential area, right across the street from the gus dicere middle school down from barbara jordan and also bordered by the colony park neighborhood association and nainnanny other neighborhood associations that will be impacted by this particular project. So last time we asked the applicant that came before the Commissioners court and they gave a brief rendering but there were a lot of missing components to their presentation. So maybe they have been able to fill some of these particular voids because we are talking about something that's major, it's a big thing. When you are talking about fuel tanks of 200,000 gallon capacity, along with other distribution within the area of water, of a wastewater wetland scenario and other critical environmental areas of course the people that live there, how they will be impacted, this is big major league stuff. I won't say anything else and let staff, if you don't mind judge, maybe let the applicant come up and say what they need to say and see where we go from there.
>> that's fine with me.
>> so staff, if you would just.
>> hi, anna bowen, Travis County tnr with john cool and john white from the environmental section. Commissioner Davis set the ground work perfectly. To refresh everyone, what we have here today is a short form plat. It's in the city of Austin e etj. It is reviewed under title 30. Also, not here today, but we also have in process a site plan for thisfor, as does the city of Austin. The site plan is not subject to title 30. It would be chapter 82 for us and the land development code for the city of Austin. The site plan, construction plans are in the single office but not site plans. But what we have before us today is the short form plat plat. It's for two lots, total of 55.036 acres. The one lot is 7.925. That is where the majority of the activity will be, and there is a lot add adjacent to that. The plat has been approved by city of Austin. We believe this meets the requirements as does the city or they wouldn't have proposed it. What has come into question is the proposed land use just as Commissioner Davis said. There are self sqesquestions soteid with this. We have found out more things since we were last here. Some of them are that there would be a 12,000 square foot warehouse, a 4,800 square feet of office space, 13,700 square feet of contained lubricant storage.
>> and 120,000 gallons of above ground fuel storage. That would be six 20,000 tanks, john cule, environmental officer.
>> so one of the questions that has arisen, I’ll let the amply can't speak to this in a minute, are are there future expansions planned, what is going to happen on the add adjacent 40 40--acres and things of that nature. So if you all would like, I’d like to have the applicant come up and give their presentation.
>> that is fine. Just give us an overview, I guess, of the highlight, important facts. Now, last time I did ask for pictures.
>> yes.
>> of the storage . And and--storage tanks. And I got my copy.
>> I didn't.
>> do you have additional ones with you ?
>> yes.
>> yes, sir. And who in the audience would like to get one? I can try to get my staff down here to make copies. Do you have like ten more copies? If not, I’ll get somebody from my office down here to make copies of them. Let's see if everybody who wants one gets one. We have enough then.
>> I have one.
>> Commissioners, I’m going to talk a little about the site plan and the issues with the sit, give you a projectover view from land use. Currently, I’m russ, with the civil engineer for the project. Currently the project is designed, the office portion of the project sits in the front of the project. The warehouse portion sits to the rear. This is all completely covered, so there will be the office in the warehouse and the canopy over this drive through year here. The storage tanks that are in question sit in this portion of the site right here. The owner will speak to the actual storage tanks in this section. There are some additional parking here, a turn around, which is fireproof turn around, in the back. We are are sanitary sewer. We do not have tep tick. We are connecting to the water system. As far as stormwater, it will be collected on storm drains on site and sent to the water quality pond. Any stormwater from this area here, which is where any of the fuel storage handling will be, the inlet has an oil water separator in the storm sewer system. The storm sewer goes into a water quality pond, a sedimentation fell fell-- fell--filtration pond designed to meet the Travis County and city of Austin standards. It is slightly overdesigned now forism pervious . There is a stormwater de detings pond designed to control stormwater runoff designed to the 100 year storm event for controls. In red here you see there are some existing sock tanks on this portion of the property not in the site plan. We met with the city of Austin environmental department concerning the stock tanks and we have set backs off both stock tanks this is an additional set setback off this stock tank because the environmental department of the crit, this stock tank is currently drawing before the project and they wanted additional set backs off this one instead of this one because this is a live healthy stock tank. We also have an additional setback here off the natural drainage way behind the residential, existing residential here. Again, this portion, none of the development is planned on this portion at this time time. It has fairly good slopes on the property. Any future development would come in this back portion back here. However, currently we do not have any plans for that. Nothing has been submitted or designed with this portion in mind, with the exception, we did make sure that this system, water quality and detention, could handle this if something ever came in, so we did not have to disturb that system. Another exhibit I have back here. This is an exhibit to show you. I may have to bring this closer to you guys can see. The center circle is the proximity of where the six storm tanks will bestorm-- bestorm--storage tanks will be. We have put circles with radiuses starting at 100. It's upside down how I’m looking at it. Starting at 100 feet. Then we have 200, 300. This pis . We have a 1,000 foot radius here, 2,000 feet, and 3,000 feet. And this is to give you an idea of where not only the site but proposed tanks would sit in relation to other properties. I’m sure you can't see that. I can bring it closer.
>> if you would bring it closer. The property line is add adjacent to that, is that correct ?
>> yes, the property line is this blue line right here.
>> right. Which is add adjacent to scenic park subdivision. Is that correct?
>> yes, sir. And that is this property line here.
>> all right. Now, again, right across the street you have gustaf middle school, brand new school not even open yet, opening up this fall. Right across the street.
>> yes, sir, that sits right here. I believe their driveway comes like this and school is in here.
>> and for the viewing public, show where colony park is, which is really add adjacent to and right across where that railroad track is that separates, between barbara jordan school at at lyola rain.
>> this is the park you're referring to.
>> and the barbara jordan school at the corner.
>> the school is here, is that correct ?
>> yes, on the corner of lie lyola and johnny more is road.
>> yes, sir.
>> I wanted to be sure the public understands the proximity of where your proposed operation is as far as proximity of existing land use.
>> yes, sir.
>> already taking place.
>> that is what we hope this will help show, what that proximity is.
>> the first circle is.
>> the fix circle is a 100 foot radius, the center of the circle is centered right here where the storage tank.
>> the next one ?
>> the next one, you have a 200 foot circle, it's yellow yellow.
>> I can't see those.
>> I can bring closeri see two red ones.
>> the big ones.
>> this big red one here.
>> go out. Those two.
>> this is a 3,000 foot radius. This is 2,000 feet. This is 1,000 feet.
>> okay.
>> a little closer, judge ?
>> no.
>> okay.
>> so now, the garcia school is where now ?
>> the driveway, you can see this white line here? This wraps back here and the school sits in this area in here.
>> and wherever it says garce, do we mean garcia ?
>> yes. In fact, I have to talk to somebody about that. I hope, mr. Garcia, are you here? There you are. That was a mistake made by someone else and it wasn't Commissioner Davis's mistake mistake. Okay? You are the mayor of the city of Austin, gus garcia. Thank you, Commissioner Gomez.
>> the circles are 3,000 and 2,000.
>> that's correct, yes, sir.
>> okay.
>> you said there are no current plans for additional development, there by leaving open the possibility of future development.
>> here or here?
>> what kind of development would that be ?
>> the owner will speak after me, and he will speak to what their future plans will be for the remainder of the property.
>> okay. You showed us five pictures. They seem to be of different types of tanks.
>> yes, sir.
>> which one do you have in mind for this location?
>> again, sir, when the owner speaks, he will talk to the design of the tanks. I’m really just speaking to the civil side. He will give mere information on the actual tank and the day-to-day usage of the facility.
>> okay. So from the proposed building to the garcia building is how far?
>> the proposed building would sit in the front of the property here. Unfortunately, the circle is not centered. I can scale it up. I don't know off the top of my head, but I would estimate over 1,000 feet. That would be an estimate.
>> okay. And that is north where that white, must be the residential development.
>> yes, sir.
>> questions?
>> minor correction. I don't believe that facility right there is front hills, is it? That is the brown strib torgsthat is the brown distributors.
>> above that is the.
>> yes, that's the operation.
>> where your thumb is, that is coke right there?
>> the top one with the big tank.
>> yes.
>> yes, sir.
>> that is north, isn't it ?
>> yes, sir.
>> the direction is correct. I missed which one he was pointing at. I wanted to be sure you new the very next one up was the distributor ship.
>> all right.
>> thank you.
>> I’ll turn it over to the owner.
>> before you go, to the owner, there was some information that your company, your organization, sent me. Of course, we made copies of the information and sent it out to all the residents in the area, neighborhood groups in the area, because we wanted basically to follow up and break that down to some things as far as what the project is all about. You did do that and you gave about six bullet, I think, in that overview of your project. But we also, what I also did was got with county staff and had them to overview that same proposal that you had submitted earlier. And there were a lot of questions generated from that overview. So sooner or later I’m going to have to ask staff to look at those things that we questioned that were actually left out of some of the things that we had asked earlier. I didn't mean to cut you off but I’m just trying to follow a train of format to let you know that there are still a lot of questions that still need to be, get some answers to.
>> yes, sir.
>> you can go ahead.
>> thank you.
>> thank you.
>> would you like me to leave these up ?
>> please.
>> yes, sir.
>> mime mark childers, the generally manager of sun coast for city of Austin. I thank you for listening to me today. Judge, Commissioners, staff and citizens, the purpose of this presentation is to clarify the future operation of sun coast for the property located at 7059 johnny more is roselve of the approximately 55 acres we are building on eight now and six in the future all along the northern property line. The remaining 40 acres is a natural habitat with two ponds, cattle and other wildlife. This area provides an aesthetically pleasing buffer zone between the sun coast and neighborhood. A little history of the company just so everyone will know. Kathy lany at 22 years old started sun coast resources over 22 years ago with one truck and a telephone. She has worked tirelessly and continues to work daily to take her world class company from good to great. She has received countless awards and recognitions during this time and is currently one of the largest woman-owned businesses in Texas. Sun coast resources has five locations throughout Texas, customers in 16 states, and has currently over 500 employees. Sun coast resource customers in Austin include the state of tex Texas, city of Austin Travis County, and capital me though. Sun coast is a contract provider for emergency fueling for the state during hurricane situations, including evacuation of the coastal bend area. During katrina and again during rita, sun coast stepped up to the challenge and dedicated over 40 trucks to assist with this tragedy. Last month sun coast participated in a three-day exercise with the state to further prepare for any future disaster. A command headquarters will serve in the event of state know if i--notification. We also work to bring clear air solutions to the city of Austin. In addition to providing bio biodiesel we are currently providing an additive for diesel fuel that reduces emissions by 5-7 percent. We arel only fueling company in Austin providing such an additive. Currently the city, Travis County and capital metro use the additives to help make a difference in the air we breathe. If you will simply list ton the facts, it will be clear that this proposed construction is not another spring dale tank farm as you may have been told. Every fuel truck, including every sun coast fuel truck, every day in Austin and surr surrounding areas, pull their fuel from the flint hills facility. This will not change. Sun coast will continue pulling all of their customer's fuel and fuel orders from the flint hills facility.
>> flint hills is another maim for coke.
>> flint hills bought coke.
>> the new name.
>> yes, sir, yes, your honor.
>> okay.
>> the proposed fuel storage for sun coast is 109,000 gallons. Six tanks 20,000 each. However, by tceq retirements you can only fill them 90 percent so it's actually 109 000 gallons and will be used to provide motor fuel for trucks and customers vehicles. In emergency situations such as blackouts or power failures, sun coast, using emergency generators, would be able to utilize this fuel to provide fuel to the city of Austin and Travis County emergency services, including police, fire and e ems. This fuel will be stored in state of the art double-wall double-walled above-ground tanks are tronic monitors. In--tronic monitors. In addition they will be in containers with triple pro protuck shun from ground contract. Let me reiterate. A tank farm tank holds two million gallons. Sun coast protected tank holds 20,000 gallons, 90 percent of 20,000 gallons. You could put 100 of our tanks in one of their tanks. We have only six of these tanks. In addition, every retail gas station in every neighborhood throughout Austin, throughout Travis County, that we all frequent every day, has between 30 and 50,000 gallons of fuel stored underground and is having fuel delivered to it via the same trucks that go to flint hills facility. With an undeveloped piece of property near a neighborhood you will continuously have vagrants, illegal activity and dumping. When we purchased the property two years ago we spent 35,000 just cleaning the property up. There were countless people living there close to that neighborhood and close to the kids in the neighborhood that weren't supposed to be there. With sun coast resources you will have an excellent world class company, an ememployer a good neighbor that can contribute much to the citizens. With all respect, we have passed many months of city and county review. We are protecting the environment. We meet all requirements of this subdivision plat and we are respectfully requesting your approval of this project. Thank you very much.
>> thank you. After we received his information from, and thank you for your presentation, after we received his information, of course, we, staff, your viewed and looked at that and saw some questions, pertinent questions, that I think real briefly that can be highlighted because they needed some answers. I’m quite sure the public that is here today have a lot of questions also on their minds. But from the staff's perspective, and there are still a bunch. Could you go over those for us just briefly.
>> yes, sir, officer tn r. What I have here are a series of seven multipronged questions which I did get into y'all's books as additional backup for today. I suppose we can go through all of these if the court would like. If not, judge, I might look to you for direction. Do you want me to go through every single item here ?
>> may as well.
>> okay, sir.
>> I would like to know, the answer to my question, about these pictures. Which one of these tanks will you use on johnny horri circumstance ?
>> ?
>> --morris.
>> you see on the left hand it on the back of the brochure, that would be the dimension.
>> this photograph is representative of the six tanks.
>> the actual tanks. Those are the tanks sitting there waiting.
>> okay.
>> shall we pause for responses or just motor through the questions ?
>> let's go through them, john.
>> pause for responses. If we ask the questions, let's get the answers.
>> all right. So we would need somebody there.
>> yes.
>> okay. The first two real key issues, obviously, we have identified already, neighborhood and school proximity. What is the setback from the closest tank to the closest home.
>> we'll get that microphone.
>> speak into the mike, would you.
>> is it working? On this site plan here, from this tank to this property line here, there is 403 feet feet.
>> is that from the tank ?
>> from the property develop development line where you have the property ?
>> it's from--
>> from what point to what point ?
>> from the line where the tank would sit to the property hyne.
>> you measure from the tank.
>> yes, sir.
>> not from the actual property.
>> yes.
>> where the development will take place.
>> in here.
>> you measure there the tank itself.
>> I measure from where the proposed tank would be to the back property line of the residential development.
>> I’ve heard varying, but anyway, I have heard different discussions or answers to that setback.
>> uh-huh.
>> that is all right. You say it's 400 feet. I have heard different answers. But anyway, okay.
>> this one, you probably can handle that, we'll try to fix the easel in the interim. Has sun coast made any provisions to notify and/or receive community input or feedback f so please describe what that might have been or is planned. Set these here.
>> with the site plan submitted to the city of Austin, I do know motor if I if i--notification was sent out within a 300 foot radius of the project to property owners as required by the city of Austin. Outside of that, I’ll let the owners describe any other.
>> does that mean if it's 4 400 feet from the closest residence, that means nobody got a notice.
>> yes, it was city notification.
>> in other words, no one got a notice.
>> 300 foot from the property line.
>> right.
>> I was asking about the tank.
>> 300 foot from the tank.
>> okay.
>> let me find my aerial. The notification was sent out to any property within 3 300 foot of the property line.
>> add adjacent right to the property line.
>> yes, sir.
>> so all of the folks that reside in seenic point, all those residents should have received a notice.
>> my an understanding is it's sent to the property owner. If it's a rental, I’m not 100 percent sure if the actual person who lives there gets the notification.
>> okay.
>> moving along, sir. Proximity to the schools. Has there been any consideration regarding conflicts with school buses, cars, pedestrians and tanker trucks coming in and out, and if so what measures have been taken to anticipate or mitigate for that.
>> yes, sir.
>> mark, you may want to use the aerial to further explain the route.
>> I expect I can make it pretty simple. I met with officials this morning and discussed any conflicts with school buses, cars, pedestrians, tanker trucks, discussed the routing of the tanker trucks as opposed to routing of bug bugs we even talked schedule schedules and safety. And there were absolutely no conflicts identified. By iasd at this point. Thank when would trucks be coming and going from the facility ?
>> I have nine trucks, your honor, that leave the facility at approximately five in the morningment they stay gone all day and make trips between customers and the flint hills facility, hauling fuel back and forth. Like I said, they are not drawing fuel from our facility. So then they come back in around four, 4:30.
>> so they are parked there overnight.
>> yes, sir, they are empti emptied and parked.
>> mark, they, or john, they come in from the north, so they come in from 290 going south on johnny morris, so they don't interface directly with the schools other than the fact that people that also come from that direction would be using the same route. Right ?
>> that's correct.
>> you said there are just nine trucks ?
>> yes, I have three transport trucks and six bob tail trucks.
>> what is the volume or potential for the growth as far as what you are project projecting? I saw 27 somewhere, 27 trucks, tanker truckstrucks.
>> there's 27 parking spaces of we have pick-up trucks and service trucks and waste oil truck that goes out and collects waste oil from different governmental agencies.
>> what kind of trucks ?
>> waste oil trucks.
>> waste oil?
>> that collects waste oil, the oil drained from the vehicles.
>> so there would be a lot more activity going on other than the nine trucks you just mentioned. That is what I’m trying to get to. I’m trying to get to the volume of activity. I dote want to minimize. I guess the answers I’m looking for, the maximum impact. Still kind of concerned about the notification from the city of Austin because from what I’m hearing from the residents no one knew about this until last week. Now here what you have been doing for two years, no one knew about this until last week. Let go through the questions questions. We have a lot of questions that need some answers.
>> okay.
>> looks to me like we have in a way handled a, b and c there, talking about the routing of the tanker trucks and the customer traffic from the north or south. We also discussed any coordination that might be documented with aisd, which did occur today. We'll move on to three, which is water quality issues. I know that in the presentation he discussed secondary containment on tanks. Can you elaborate a little more, what that would be, basically what keeps the petroleum product off the ground and out of the streams and wetlands if this is a spill. If you can just describe the secondary containment.
>> yes, I’d be happy to.
>> and the capacity, sorry, whether or not it's going to be for six tanks or ten.
>> okay. Initially, this initial construction is for six 20 20,000 gallon storage tanks, the gear guard tanks, state of the art. Not a better tank made in the world. These tanks meet the ul 25 specifications. The brochure clearly identifies the tank as being ultra safe. It has anner steal tank--an inner steal tank where fuel resides and there's a space between that and the outer tank. And in the annular space, between the two tanks, there is an electronic monitor that picks up any type of hydrocarbon so if there is a breach, and I have never heard of it happening, and I managed fuel tor the city of Austin for 21 years. If there is a breach, there is an alarm that goes off, vish you'll and audible, and then the problem is taken care of. We remove the product from the tank and get the tank replaced. Again, I have never heard of that happening. In the event there is a breach of the secondary containment, the tanks re reside on a concrete slap with a concrete dike around it that is tall enough to handle 110 percent of the product of the tank. And with us being there all the time and doing visual safety, if it did breach and got into the dike, we would see it.
>> is that basically a dike breach tank.
>> it's a collective dike as you would find, you know.
>> and would be built for--
>> 110 percent.
>> of ten tanks?
>> no, of one tavern.
>> so it's into the collective, it's individual.
>> yes.
>> all right. Unless clñr any questions, moving on, we have heard that there are sort of multiple purposes for the tanks. . Perhaps you could touch on that t one thing we heard, after delivery if there was excess in the tanker trucks, excesses might be deposited in s vehicles. Can you just go over those purposes.
>> that's correct the tanks will serve multipurposes. They provide fuel for small fuel island where we fuel our trucks up in a safe manner. Also provides a place for my drivers when they return, just part of the business, it would require all the trucks to empty their products on site before they park the trucks. We don't want the trucks parked with fuel left in them. It also provides a storage of fuel, as I said in the presentation, in case of an emergency. And if we have a power out outage, flint hills isn't going to pump one drop and me they are is any of the gas stations in town. The only other facilities that would be able to pump fuel would be about four facilities at the city of Austin on emergency generat generators. We would be able to do it because we going to have emergency generators to get to the fuel in an emergency.
>> what would be the source of the power ?
>> excuse me ?
>> you say you have emergency generators that will be the power supply ?
>> the power supply for the emergency generators?
>> yes.
>> diesel.
>> diesel.
>> yes.
>> low sulfur diesel.
>> go ahead, john.
>> okay, sir. Capacity of your stormwater detention pond.
>> I’m going to break this out into two. The water quality portion of the retention pond is 213 213,000 gallons. The detention pond portion is 951,000 gallons.
>> would you repeat that.
>> the water quality portion is 213,000 gallons. That is 28,552. The detention pond is 951 951,000 gallons. That is 127,195 cubic feet.
>> the design is for what ?
>> the water quality is designed to catch the first half of the runoff plus the additional additional recovery of 20 percent. The retention pond is designed--
>> you are guaranteeing that any of this runoff and this other stuff will enter into the wetland ?
>> sorry, sir ?
>> any of the activity going on on this particular site, the pollutants, will not escape and enter into the wetlands or into the, actually, empty into the creek. Are you guaranteeing that ?
>> stormwater--
>> are you guaranteeing that that?
>> I guarantee the water quality pond will work correctly, yes, sir.
>> so any measurement of pollutants that escape, from which you--
>> the water quality pond is not a 100 percent removal.
>> the media folk want to you pick up the microphone.
>> sorry.
>> millions of people in tv land.
>> okay. So there is a that-- that--possibility that some of these pollutants can escape.
>> yes, sir.
>> that is a possibility.
>> a very small amount.
>> but it is a possibility that it can happen.
>> yes, sir.
>> all right. That's what I wanted to hear did.
>> yes.
>> all right. Continue, john.
>> all right, I believe you touched on these measures that you have on the site incorporated for the separation of high carbons out of stormwater flow.
>> yes, there is a separator in the inlet that captures the area where any fuel would be stored or handled. And then of course you have the water quality pond.
>> I believe I heard in your presentation earlier that you all are going to be to be--tied into the city of Austin main for waste disposal.
>> that's correct.
>> obviously for sanitary measures in your warehouse space, the bathrooms, what have you, that is pretty straight forward. How about if and when you have escaped hydrocarbons out of the stormwater? Would that go into the city drain in the city system?
>> as far as if it were to escape containment tank ?
>> you just answered the question of Commissioner Davis regarding the small possibility for's cape. Where would that go ?
>> it would go through the detention pond and then onto the land add adjacent to the retention pond. It follows the natural drainage once it leaves the detention pond, the natural drainage of the site.
>> that is part of the concern, the contamination of the wetlands and also the drainage to walnut creek. That contributory goes to walnut creek. We have a lot of kids that play there, a bunch of them. So that is another big concern. Go ahead, john.
>> may I speak also to that ?
>> sure.
>> it has to get to the retention pond before there is a possibility of it getting anywhere else. And as the property owner and as the manager of this facility, I i will bing--be willing to say it's not going to happen. It's not going to get out of the containment dike. It's not going to leak out of the first tank. The second tank is not going to breach and the concrete wall is not going to fall down and let the fuel out. All those things, you know, it's next to impossible for that to even happen.
>> the only way that could probably happen, you can tell me that it's spill proof. In other words, you won't spill anything, it would be spotless. Spill proof.
>> this is more spill proof than any filling station that you have ever been at. It has been designed with larger oil water separators above and beyond the requirements of any gas station of any Travis County site, city of Austin site or capital metro site.
>> you will have accidents and there will be spills. Next, john.
>> Commissioner Davis, we talked earlier on a number of trucks. Were you satisfied with that or did you want to go into that again?
>> we understand that you have nine running in your fleet and that there will be other, variety of others.
>> nine fuel trucks.
>> fine fuel trucks. Have you implemented any americans that might mine gate for noise and/or exhaust from all the vehicle vehicles on there?
>> air pollution.
>> it's not groundwater. The truck, do they just meet all--
>> yes, all the trucks are inspected just like anybody else's truck. They meet all the state requiremented of being able to be driven on the roadways.. Just curious, you know, what sort of plans for that facility within the overall site plan, whose trucks to be washed there, and where does that wash bay wastewater go.
>> that would be on the back proposed future development area that is in the grid back there and that is an additional approximately six acres. This would be two 6,000, approximately 6,000 square foot buildings just for the repair and maintenance of the trailers that we pull. And the two-bay truck wash, to keep our trucks clean. We would be using, you know, recycled water. We're looking at the green program and all that stuff for anything we do.
>> would that be for your trucks only?
>> your trucks only or washing other trucks ?
>> right now just our trucks trucks. We try to keep the trucks clean.
>> does that close the door on it today? Are you saying there will be other trucks coming in that could have a washing service vendor washing service in the facility ?
>> we haven't got that far. Can you see how far we have gotten with this proposal.
>> another question that you don't have a definitive answer to.
>> I understand. I bet budweiser didn't know how much trucks they were going to have initially either.
>> this is part of why we are asking the questions.
>> okay.
>> john.
>> last thing in this sort of tanker truck and traffic cat , would there be any potential for negotiating agreement regarding traffic flow and/or quantity off the site with Travis County?
>> yes. I mean, are you talking about regulating our traffic flow through the neighborhood? None of my trucks are allowed to go down johnny morris road heading south. All my trucks have to exit the facility and go to the north towards the flint hills rack. Even now, where we are on caesar chavez, the trucks go to 290 and come back into flint hills. We don't drive down to loyol loyola or mlk and cut back through the back neighborhood there.
>> is that by terrible by-- by--internal policy or regulatory ?
>> I was under the impression that was a no- no-truck zone, there's not supposed to be trucks back there.
>> okay. Moving on. On the site, we touched on this, various members of the court have asked on your plans for future uses st remainder and whether or not there was potential for negotiation on plat notes or deed restrictions to provide some certainty on that.
>> as of right now there's no plans for that remaining 40 acres. You know, sun coast would be willing to put a restriction on it that there won't be anymore fuel or liblubricant storage on that 40 acres.
>> we saw that was your last bullet in your six pointover view, just those statements you made. But what you did not say is what else it could be used for other than what you just said. In other words, you didn't close the door on anything else. You closed the door on the oil and the fuel. The distribution area in the 40 acre open space. But you left it wide open for any and everything else. Follow what I’m saying?
>> that is correct.
>> I guess the question, would you restrict it to as you stated earlier, restrict it for open space only and don't put anything back there, to protect the buffer buffering of the neighborhood, if I heard you say that right.
>> can you give us in writing before next Tuesday what uses would be left if you exclude fuel and other lubricants? So what's left that could be put there. Let us know that.
>> okay.
>> okay next.
>> go ahead.
>> that's okay.
>> we're getting closer to the end here. Just the independent power supply, reference to generation if power is lost and so forth. Could you just tell us generally speaking what that source is going to be for the independent power supply supply. And secondly, is that tied into Austin energy or is it completely separate?
>> that power supply would be only in emergency situations to be used for a power outage. And government agency needs fuel. We need to provide it to them. So we would only start the emergency generator during that time.
>> and how does it function? How does it run? Is it--
>> it would be on a manual transfer switch that would be manually activated in the event of an emergency.
>> pour powered by ?
>> diesel fuel. Ultra low sulfur diesel fuel engines which are nearing the natural gas emissions for compressed natural gas engines.
>> okay. Moving on. Again, this is kind of tough toughing on fuel issues. As far as your own fleet and so forth, typically do your trucks run a diesel ?
>> yes, that's correct.
>> okay. So you will have pumps kind of like gas station pumps?
>> yes, sir.
>> and that will be from those six above-ground tanks one of those dedicated to diesel?
>> yes, two to diesel, to on road diesel, two to off-road diesel, two to gasoline and one to biodiesel, a b 5 blend probably.
>> okay. So that covered c there. The excess fuel from the tanker trucks at the end of the day that you referenced earlier, how many tanks would be dedicated to that? You just went through that list but I didn't catch it all.
>> the same tanks. Fuel specific for the tanks. The fuel goes back into the tank. You know, like whatever product it is, it would go into that tank.
>> and can you describe for us kind of what that un unloading system would be like.
>> it's a state of the art dry lock system. You know, the place is designed to where, I mean, we don't want to leak fuel. We don't want an inspection or compliance inspection from the tceq or anybody else to show anything that we have done wrong. It's a very clean process. Basically a drive break system where you hook a hose to a fitting just like at a gas station and you put fuel just like a fuel tanker truck delivering 7,000 gallons to a gas station, it makes a tight connection, you deliver the fuel and make the break and drain what is in the hose back into the tank and put the jose way.
>> okay. That concludes our his.
>> john, you had mentioned something earlier. We were talking about a traffic impact analysis, especially with the schools. Have you a lot of children in and out of school up and down. You said you had talked with aisd. It would be good to have something in writing as far as what their conclusion was especially with the traffic impact that it's going to have on the schoolsment you have one school that hasn't even opened yet. We don't know what the traffic will be like. It's not even on line. So there's a lot, I thick, that we need to know. I need to see that in writing along with what the judge said. But I know that the community is going to want to get up and say a few things also. But before we go there, I asked you a question last week and I still haven't got an answer from you on it, and that question was this. Since you are not on the pipeline as coal field and whatever the new name of it is, distribution up there, since you are not on that pipeline, that means to me that you could have located anywhere else in Travis County to do this particular venture that you are doing. Because you don't, what you do, you go up to coke and get your fuel just like everybody else. You go up to the rack and get your fuel just like other folks do. So since you are not dependent on the pipeline, that means to me that you could have located anywhere except add adjacent to a residence, schools, and where people are n place that would be less environmentally sensitive. Those choices were made and you made your choice by choosing what you I’m just saying there were other choices that probably could have been made. I didn't hear from this you and I know I was concerned about that pipeline. You do not own the pipeline. Is that correct ?
>> that's correct.
>> that means you could have located anywhere else. All right. Thank you. I know the resident are anxious, judge, I think to have a few things to say. And I’d like to make a recommendation after the residents come and speak to us about this particular issue. Thank you, sir.
>> I have a few questions for you. So, childers.
>> that's okay.
>> I see why you turned your back when I called you wilder. So at five in the morning your trucks are already at this location. They fuel up and they leave.
>> they go to the --flint hills to fuel up and leave.
>> so if you are delivering to Travis County the fuel will come from flint hills.
>> that is correct.
>> do your trucks run out of gas during the day or will one--
>> they usually operate all day on their, they have big tanks on them.
>> if they do run out of gas during the day they just come back to your facility.
>> that's correct.
>> to be refueled.
>> that's correct.
>> okay. You have other locations that function similar to this one?
>> in houston we have a location and then in ulys up by dallas.
>> and how long have you been at the houston location location?
>> 22 years, well, yeah, close to that. Within three or four years. I think they moved one time since the beginning of the company.
>> how many trucks do you have operating out of that site? Do you know? Hundred something.
>> hundred plus?
>> yes, sir.
>> uly is, is that large too is this.
>> no, I want to say they have 18. I’d have to get back to you. I can give you the exact details on how many trucks they have.
>> okay. More than 15.
>> yes, sir.
>> and you have been there how long?
>> four years, I believe.
>> and issues regarding the safety record at houston?
>> no, sir.
>> you do work with the harris county government.
>> they do. I am not personally connected. I don't work with them in that area but would be happy to find out any information that you want.
>> okay. So the fuel that ends up in your tanks at this location will come from where ?
>> from flint hills. Yeah. From coke.
>> okay. So your trucks load from coke to deliver elsewhere and you get your fuel from coke also.
>> that is where all the fuel comes. Had a is--that is the only location to get fuel in this area.
>> okay. Those are my questions. Any other questions, court members? We do have a few residents. If we can make one or two of those chairs available. Anna, you can stay there just in case we have questions to ask you. If you would like to address the court on this issue, if you would please come forward. We ought to have five chairs available. So if we can get five residents to come forward and give us your full name, we'd be happy to get your comments. And not everybody at one time. Just helps us if we can go from one speaker to the next next.
>> where.
>> right there. Ms. Bowlen is a whole lot friendlier than she is looks looks. . Good afternoon.
>> good afternoon.
>> thank you all for coming down.
>> absolutely.
>> not everybody at one time.
>> start with me ?
>> that would be fine.
>> my name is philip marks a auia. I am the civil rights chair. I am here because the concern I have is location, location, location. It happens to be that east Austin gets all the location location, location. Again. And to me, I have several concerns. Children is one of them. Primary one that we have. Any time that you come even close to endangering, the possibility of endangering children, we have to speak up. Fuel is one thing that is not only dangerous but there is vapors that come out of fuels that goes into the air air. When you're that close to schools, to a residential area, to me it's dangerous. We have situations not only with the dump site that we have presently, where also fumes are coming out, going all over the city, it's even been tracked as far as downtown. This is a small, claiming to be a small project. Small becomes big. The fuel tanks that we have, prior to this here in east Austin, when they first came in there was going to be no danger to the community. As of today, they haven't been able to clean up that area. It's still in a dangerous area. The federal government hasn't done anything.
>> you're referring to the gasoline storage tank.
>> yes, sir.
>> spring dale and airport.
>> yes, sir. When they first came in they promised the community that there would be no danger but it still exists. Expansion, all companies say they are not going to but before you turned around and give them a permit, the neck thing you see an expansion. I’m not saying, they are saying right now they are not going to do it, but once they get that paper in their hand, there's no control. Unless you put pretty strict controls. I don't know how much research has been done with this company to see if they have violated or vee lages-- lages--violations have occurred. Anything that you store is dangerous no matter if you have a concrete base or not something falls on the concrete it still will go through. Concrete is porous, by the way. Then you have the situations with water. Once you pollute water, it's almost impossible to do anything with it, especially when it comes from the ground. It still stays there. I’m just very concerned for the children, very concerned for the community. And I’m very concerned about location, location, location location. And they keep locating things in east Austin that, believe it or not, we are getting a little sick and tired of it. I know they have to go somewhere. But there's other places besides the heart of east Austin. I say that because we are gen. Being gen trified. People are moving from other areas and they are moving us out of central Austin. Hey, what ideal place thag thagthan being in east Austin, sixth street, seventh street. At one time nobody cared about it. All of a sudden it's very vital and a nice lace to be. So they are moving us out. And where are we going in johnny morris, that area, moving south. And it is getting worse and worse. More people are going to be moving out there. They are going to be surrounded with more of our people there. We're getting a little sick and tired of being those who receive the worse part. Thank you very much.
>> thank you.
>> thank you. Any questions? Yes.
>> my name is juliette nias, a resident of the lbj neighborhood association neighborhood. I know that we are not of the area that may have been notified regarding this company, and I’m sure the company is very concerned, I’m sure, about being partners with the community. However, I have one question probably two questions, three questions, actually, that I’d like to know. I’d like to know, in the history of the company, has there ever, ever been a breach, ever been a breach in houston, in uliy, or wherever, has there ever been a breach.
>> do you know that ?
>> not that I’m aware of.
>> okay.
>> anybody we can check with who has been with the company maybe longer who can answer that? Jot that down for us and find out.
>> we can have combined history.
>> okay.
>> that is important because I’m sure that the business owners are very conscientious about being environmentally safe and community safe, but we have to make sure as residents in the nearby and immediate area and with our children and our elder, particularly elderly people at steak, that the environment is as safe as possible. Okay. And as the gentleman here has spoken, could there have been another area outside of the nearby residential areas being built that could you have purchased your property property? And I have a caveat to that. We do not live in the the--3 the--300 feet area. Lbb--lbyj area is probably about two miles from the construction of the site. However, it has been mentioned by my brother here that concrete is porous. Gasoline flows everywhere. It flows further than what the identified area has been given, as being a safe length of feet away from where their business is being constructed or wants to be constructed. So it's very important that we take issue with this immediately. The city of Austin, nor did the aisd, to my knowledge, let us know this in any significant amount of time so that we could at least have dialed up with them about this issue. Lbj neighborhood association is very, very active association here in the city and we are usually very involved with projects. If we are told and if we are note--notified early enough. I just got this notice on Saturday. Naturally, in and out of town, sometimes information is not given this quickly. But my president of the sote soteassociation did give us this just on Saturday. This is not enough time nor is it a respectful time for any resident to be notified. But I’d like to get that question answered. Was there enough time for you to have considered this project to be built farther away from any residential areas present and to be built in the very near future. The east of Austin is becoming highly populated. Populated..
>> did you all consider another location other than this location that she is referring to? To?? (change in captioner). Captioner)..
>> we choice johnny morris road because it seems like the more logical place to where our trucks will be, getting fuel in the morning we will be the first one there's. It was a piece of property that we could afford at this time.
>> do you have another location in Travis County today.
>> no, sir.
>> all of Travis County was wide open except for -- because of what you said.
>> because of its proximity to the flint hills facility, yes, sir.
>> you are not on the pipeline as I stated earlier.
>> no, sir, we are not on the pipeline. However it does run right along the back of property.
>> I know but you are not on it.
>> no, sir.
>> that means you could have located anywhere. Thank you.
>> any other questions.
>> thank you.
>> notice that mr. Williams in the l.b.j. Neighborhood notice that we were sent from our office, unfortunately ms. Nix we just find out about this, when my office found out about it, as innocent as the language looks on the agenda, to take appropriate action for trying to approve a plat for recording, as innocent as it looks, when you really look at it, it's -- all of this unfolded when we got to digging around into it. This is why all of you all got notices the way you did. Unfortunately -- that's unfortunate. So I understand where you're coming from not having proper notice. Thank you.
>> sure, thank you.
>> mayor.
>> thank you, judge, Commissioners, welcome to the new Commissioner, I haven't had a chance to say hello, welcome her to this wonderful place, sarah, good to have you here.
>> thank you very much.
>> the -- the points that I’m going to make pertain to the school and the personnel that -- that basically are responsible for the building of the school. First little bit about the school. Gus garcia middle school will open to students on August the 27th. And we will open with approximately 600 students in the 6th, 7th, 8th grade. The school is built for 1100 students, which we probably will get to in about two or three years. The principal did not want to have that many students on opening day. You can understand that. This is 6th, 7th, 8th graders. You know, she wanted to start slow. So -- so I want to give you the names of the people that are the ones that -- that are responsible for getting the school going. Paul turner in central administration, director of facilities, mr. Kirk shaw is a construction manager, for the school district, and the principal is judy salagi. I talked to mr. Shaw today and I could not get ahold of mr. Turner because he was out of -- I think he was out of his office. Ms. Salagi is get the curriculum ready, books everything, I didn't talk to her. But mr. Shaw said that the only notification that they got was from the city. And that they was going to be an office warehouse facility. That's all they knew. They didn't have any other notification about fuel tanks or any other notification about how many vehicles were coming in and out. The school ultimately with the personnel that are going to be there, will have between 12 and 1300 people in that school. It's a $27 million facility with capacity for 1100 students, plus teachers and staff will get us to about 12 to 1300. One of the things that was mentioned was the propensity for growth in that area. And there's been a decision that was made by the council when I was there to separate the city into two zones. In the west the drinking water protection zone, we wanted to make sure that we did not pollute our water supply in the western part of the county. So restrictions were placed on that the part of the county, drinking water protection zone, and it left the rest of the county to what is known as the desired development zone. So we are talking about this area, this Travis County growing to 2.8 million by 2030 or 2040. It's going to grow in this area. People are going to live in this area. You can see by driving in that area, they are going to be more and more people living there and so -- so anything that has to do with industrial expansion of course is going to affect the quality of the -- of the life for the people that live there. I suspect that if this was inside the city it would be some light industrial or maybe just industrial. Which in cases like this one, the city always leaves a buffer zone between the industrial facility and the residential and school facilities. The issue of notification, you know, concerns me because I talked to people in the city, talked to the assistant city manager laura huffman, their concern basically is with what the city has jurisdiction over, that's the water quality issues. So up in of the zoning or traffic impact analysis was done by the city. Ms. Huffman, who is one of our very able assistant city managers is saying that's left up to the county. So when you talk about moving vehicles in and out of a facility that's across the street from an 1100 student middle school, I suspect one of the things that would be necessary would be to have a traffic impact analysis done because you are going to have those students coming all at one time. Affecting the staff the same way. That would be one of my recommendations. I think that the school district fundamentally has been busy getting that school ready to open. Incidentally, those of you that are inclined to want to do those kinds of things, normally the 18th is the dedication of the school. All of you are welcome, you will receive invitations to come. It's a 40-acre site. You know back in the days when I was on the school board, we had 20,000 -- 20 acres, this has 40 acres the size of first campus at the university of Texas. But it is -- you know it is developing around. You can see the signs going up. Where people are -- and movement being done, you know, there being a 12 tennis court facility built immediately adjoining to the west, so -- so the whole area is developing very nicely with amenities for people that live in that particular area. It's an area that hasn't had those kind of amenities, we are looking forward to having a very successful middle school. The students that will be attending there come from the minority populations and the principal is putting together what I consider to be a very ambitious and a very solid plan to make sure that our students, when they leave the 8th grade are ready to go to high school and perform well. So judge and Commissioners, thank you very much for the time -- allowing me the time to --
>> mayor, number one I would like to again, I have done it before, but I want to congratulate you for that big accomplishment as far as having a school named after you.
>> I think they run out of names.
>> it is gus garcia middle school.
>> that's right.
>> and secondly there is another project adjacent to gus garcia middle school and it's rezoned tennis deal and a whole lot of sports things right adjacent to that. So we're talking about a lot of other things going on.
>> sure.
>> trying to bring some quality of life to this area.
>> a lot of activities. Immediately to the south of the school between this school and barbara jordan there's quite a few lots going up, signs are up now saying, you know, slots are available for -- for the -- for the highwaysing. So --
>> right.
>> we will be seeing some development that way. If you go all the way to liota a development underway. To leon. Like I say it's a desired development zone, an area where the city put incentives to ensure that people, you know, build homes and live in the area. And it is getting very healthy. I live close. Live in the coronado hills area, I can tell you that the northeast is developing nicely. We look forward to having a very hell theepd strong neighborhood. Healthy and strong neighborhood.
>> thank you, mr. Mayor.
>> the county attorney we will go into executive session again next week, the county authority that the city called into question on this project -- who else plans to testify during this public hearing? Anybody else? Okay. Yes?
>> my name is marie harris. I’m a member of the craigwood neighborhood association. I just want to say I was not aware of this until Commissioner Davis notified me. I made copies and passed around in my neighborhood. Just like I didn't know anything about it, none of the neighbors in our area knew anything about it. I grew up in port arthur, Texas. Trust me, I’m very familiar with -- with storage tanks and the -- and the the type of -- environmental problems that you have. And so -- so I don't have any questions today, but I just want to let you know that -- that I am -- I am really appalled at -- at what has happened. And to not even be aware until this past week is just amazing to me. So -- so with that said, I’ll just hold my comments for later.
>> thank you.
>> yes, sir?
>> hi my name is dennis mick clinton to come, the president of the scenic homeowners association. I’m sorry to reiterate. I wasn't given notice. I was out of town for the weekend, excuse me, so few of the neighbors called this morning to ask me was I going to be at the hearing today. Mcclintock. I said tell me a little bit about it. So again, you know, I don't think proper notice was given, there are many people in the subdivision that are concerned about this project. The two questions that I had, many have been answered already, mainly with the new junior high, everyone is excited, the traffic in and out of there. Again a few other questions that came to me from a few of the neighbors there asking about it, spillage and the control of that. We know very little about it technically what goes on there engineering-wise. Someone asked me what if there were a terrorist attack, what would be the impact to the neighborhood and the surrounding area. Also I had a question concerning filling the trucks, I understood they filled the trucks, dust dischare them, what are the safety mechanisms in place for the actual fueling of the trucks themselves on what they're running on. Is there some control in place, I don't know how that operates. Seems like it would be a concern. I’m really confused on the photo that they are showing me, I wasn't clear. I couldn't get a clear view of it. Just exactly how far the tanks are going to be from the subdivision and could we put that up once more. Maybe explain that just a little better. Thank you.
>>
>> [indiscernible]
>> we need you on the mic.
>> I believe this is your neighborhood in question, scenic point. This is johnny morris road. Johnny morris road is up here. So this is the -- would be the
>> [indiscernible] tank this would be the back property line to -- to where
>> [indiscernible]
>> that's 400 --
>>
>>
>> [inaudible - no mic]
>> okay.
>> this -- the area I will show you is the overall --
>> okay. So the closest, the storage tank would be to the actual residents there is 400 feet?
>> to the property line.
>> okay.
>> which there are residences all along that property line right there.
>> yes.
>> okay.
>> I’m also read in this the memo here a handful of violations state-wide, I’m wondering if someone could elaborate and tell us more about that.
>> john kuhl environmental officer.
>> we will a full compliance history from the tceq that's available. In summary there's -- there's four to five violations over the history of -- of the past five years, these tceq, Texas commission on environmental quality compliance history requests simply go back five years, it would be to 2001. The violations that we're aware of had to do with actual deliveries to -- to perhaps tanks that had faulty registrations as opposed to spills or whatnot. We did not find any information regarding that. Now there are caveats to tell you about with compliance histories, with tceq, the first one I mentioned that only goes back five years. The second one is that -- is that there's no guarantee that inspections have occurred on the sites. The many sites here at the state. Secondly, or thirdly, if there weren't inspections how would you know if there were spills? It would be a self reporting requirement which would be up to the applicant. The
>> [indiscernible] to do on their own. Those are the main caveats that year aware of. We are also -- we are also aware that they are leasing a facility on cesar chavez that didn't show up in the compliance history, so we are going to have to look back into that, that was an older facility that obviously owned by somebody else. We have been kind of scram scrambling to get this information like everybody else.
>> what are the violations again now?
>> when an operator like this makes a delivery to for example a gas station or whatnot, they are required to, you know, make sure that there's a certification on the tank that they are putting fuel into. It's a paperwork chain of
>> [indiscernible] as far as the last five years.
>> mr. Mcclintock, any more.
>> one other question that I had, my understanding that is the property across the street has been annexed, where the junior high is, I guess annexed to the city of Austin and scenic point? No, it's not? Okay. Again --
>>
>> [inaudible - no mic]
>> you mean the property west of the proposed site.
>> north. The city comes all the way to the edge right there. And then you go into the county. I talked to assistant city manager laura huffman and because of the desired development zone, effects of the desired development zone, the city is looking at annexing that area because they know it's going to develop. With the school there it's going to have more development. So I think they're going to consider annexing everything probably from where garcia is all the way to highway 290 along the johnny morris road corridor. I think they should --
>> gus on both sides?
>> sure. Sure, they need to do that. I don't know how wide, you know, but the pressures for growth are going to be there because the school is there and that's another school being built and that's the overton elementary school that's on johnny morris road. Off of johnny morris road. So I mean off of loyola. So I think -- I indicated to the assistant city manager laura huffman that the city should consider, she agreed and I probably will go visit with some of the people in annexation to make sure that they look at that issue because the county just doesn't have the powers to be able to regulate this kind of facility like the cities do. And that's -- that's the unfortunate part of the law in the state of Texas. I think you guys should have it, too.
>> exactly, gus I agree with you. Senate bill 1690 died in front of the committee.
>> does that answer your question?
>>
>> [inaudible - no mic] on the e.t.j. --
>> ask it of them, they can tell me whether I can answer it or not.
>> I want to ask on the e.t.j., the city extension of its boundaries, does the city -- does the county have any control over something like that, the county and the city on the e.t.j.?
>> on what?
>> whenever --
>> authority.
>> no.
>> not at all.
>> in the e.t.j. The city has the control over water quality, that's it.
>> the county has --
>> the county has everything else.
>> but everything else does not include transportation, drainage, whatnot. But it doesn't include zoning or incompatible land use.
>> okay.
>> thank you.
>> mr. Mcclintock, did you have anything else.
>> so if this area were annexed today it would we be going through a completely different process for this development.
>> yes.
>> it would come up under a lot tougher regulations.
>> okay.
>> let me make a suggestion.
>> no, I would like to thank the applicant for being here to give your rendering what you are proposing to help take place here. But I heard a lot of things that have lifted a lot of concerns, I’m not going to ask anyone questions. But I’m going to ask, I do have a lot of other questions, but I’m not going to do it today. But what I’m asking since notification, the president of the scenic point neighborhood association, other folks I heard testimony that aisd didn't have proper notice. Resident not having proper notice. And in my opinion I didn't have proper notice. One week's notice on the Commissioners court that's not good enough for me either. But anyway what I’m hearing is notice of the first thing -- is the first thing. I’m hearing of course we looked at aisd, then we looked at traffic impact analysis of course need to be looked the at and of course I think that the use of the 40 acres that still is questionable. What is the significant use of the remaining acres, which a railroad track run right behind this property. For that remainder of the 40 acres. A lot of things to me have to come back in writing. Would anyone have a problem with meeting with the applicant since notification wasn't rendered, your neighborhood didn't have no notice of it, no one else, I don't know why, everybody else, would you have any problem with meeting sometime in July I don't know when it's up to y'all at the johnny morris road office, Travis County johnny morris road office which is 9301 johnny morris road, on maybe a Wednesday? To -- to deal and talk directly to the applicant on a lot of these things that have been brought up to date so you can get a better understanding on a lot of this. I think the folks need to be involved in this process. To where you can come back and see what we are able to deal with as far as this particular project is concerned. There's still a lot of unanswered questions.
>> no problem Commissioner.
>> would you be happy to do that? I guess my question is Wednesday probably preferably. Tuesdays I’m in court.
>> there's no such thing as a preferrable day in Austin anymore.
>> let me ask you then would two weeks give everybody enough time.
>> that's enough time.
>> enough time to get theirself together, I’m suggesting the 18th or the 11th, the 11th would be one week. The 18th would be two weeks. Preferably one of those two days at the johnny morris road office to meet with the applicant.
>> sure.
>> which one of the dates? 11th or the 18th of July.
>> either.
>> to me would be the 18th. I’m going to be in -- in chicago the 11th.
>> 18th preferable.
>> okay. 6:15 at johnny morris road office at 9301 johnny morris road.
>> 6:15 p.m.?
>> p.m.
>> is that a good time for the applicant?
>> yes. For me. That's on the 18th.
>> on the 18th.
>> this is the applicant. The applicant.
>>
>> [indiscernible]
>> [inaudible - no mic]
>> my other point is we're not going to deal with it right now. We have a lot of unanswered things right now. We are going to address these things.
>> although perhaps it could make the 18th a more productive session if you all could meet at least briefly today to come up with a list of questions to be addressed at the 18th meeting. Would that be --
>> [multiple voices]
>> I have a bunch of them.
>> we need more information.
>> you need more information.
>> to be able to intelligently discuss this matter --
>> [multiple voices]
>> okay. So the 18th would be better to meet at johnny morris road with the information?
>> if some people aren't able to come -- it's fine with me. The 11th or the 18th. The 18th is probably better. But we need a little bit more information.
>> let me ask this then. If the applicant don't mind exchanging their telephone number either with the staff and if somebody give the folks that need telephone numbers need to get some information just as you suggested, exchange telephone numbers where you can get some information when we do meet at 6:15 on the 18th at 9301 johnny morris road we will be able to maybe have gotten through a lot of this. But I think neighborhood scenic point, colony park, all of this folks that didn't really have notice, wasn't involved in this, should be part of this process.
>>
>> [multiple voices]
>> I need to get the aisd, transportation people.
>> aisd documentation, all of these things.
>> [multiple voices]
>> the city of Austin, I think we will have a productive meeting. The 18th on a Wednesday? It's a Wednesday, 6:30. 6:15 at johnny morris road. Let's do that and maybe we can come back with something at that time.
>> we have always -- let me get a microphone. Your honor and Commissioners, sunco's currently has the building for this project ordered. I have signed a purchase order for $800,000 for this building. We have a contractor that's been delayed for a couple of weeks and he is waiting in the wings. At my expense. To start this project. With all respect we are -- we are desperately needing action from this court so we can proceed and I would request we get some type of action next Tuesday. We will be happy to meet with everyone, anyone, at any time of the day any day next week to answer any questions possible.
>> I guess my point is that this was an action item before the Commissioners court we haven't approved anything.
>> that's correct.
>> so it seemed like it appeared to me if you do things prior to approval that's -- these folks need answers they are willing to meet with all. All of those things that you have done prior to that. We had no knowledge, we didn't have no knowledge you were even coming. We didn't even know that you were coming.
>> with all respect Commissioners we've had a sign posted at this property for over a year and eight months.
>> Commissioner Davis didn't know anything about it, nor the residents. It's in Commissioner Davis' precinct along with other elected officials.
>> may I share another piece of information which I have here which is a November filing of application -- notice of filing of application for administrative approval of a site plan, this says applicant proposes to construct a warehouse, office building and a fueling substation with other associated improvements. This was mailed in accordance with law to everyone within 300 feet -- is it 300 feet of the development. What is that date and where did it go to the city of Austin.
>> September 17th, 2006.
>> well, you got a -- man sitting right on your right. He said that the residents in that area never did receive that notice. I just think that --
>> can you go to this meeting on Wednesday the 18th and we have it on the -- posted on court's agenda the following Tuesday. Which would be like the 24th I guess.
>> yes. That would be fine.
>> I guess as far as -- let me ask you this question because I don't want anyone to understand that -- to understand that this is a title 30 situation. This is a title 30 situation. As far as looking at what we need to try to do to come to resolving this, what is the time line on this legally.
>> normally what you normally see on the plats, chapter 232 in the local government code there's a 60 day requirement. Because this is in the e.t.j., you have an interlocal agreement with the city of Austin that's an exception to that requirement. There is not a time period that -- is that there's not a time period to what we're talking about right here.
>> just for clarification on the notice issue. Just to be clear so that we don't unnecessarily villianize people, I think that it's plain that the statutory requirements of notice have been met. But we have seen over and over and over again how the statutory requirements for notice really don't provide actual notice at least not to the level that Travis County holds itself to. So we can provide meaningful input at the level which is important to us, which is the neighborhood level of government.
>> could you describe what e.t.j. Means.
>> extra territorial jurisdiction.
>> there's a five mile space that surrounds the city of Austin. The city of Austin still has the ability to regulate within certain restrictions. And in that area we have co-linear jurisdiction over plats. And so we have an agreement with the city of Austin as to how plats are handled.
>> okay.
>> technically extra territorial jurisdiction is what e.t.j. Means.
>> okay.
>> right.
>> let's pursue it that way. See how much progress we can make. And so we will have it back on the court's agenda the Tuesday after the Wednesday meeting.
>> 24th.
>> 24th.
>> Tuesday after the --
>> of the 18th meeting.
>> okay. The meeting is Wednesday the --
>> 18th. And the --
>>
>> [multiple voices]
>> what time and where?
>> 6:15 at the johnny morris road office, right south of the --
>> we deliver fuel there.
>> to the johnny morris road office.
>> 9600 johnny morris road.
>> no, I think that it's 9701.
>> is there a point of contact that we should go through to funnel all information? We have four or five different groups that have questions.
>> what I would like to do is haveture to be the relationships of that. And they will be go between.
>> okay. They will be the funnel -- facilitator -- decided to give the -- they will be --
>> will there be a certain day by which we would have the neighborhood's concerns or questions so we could prepare responses by the 18th.
>> hopefully before you leave here, some of the folks will -- will -- want to get your telephone number, that's why I said exchange your telephone number, you all talk.
>> okay, great.
>> if you know your questions today --
>> > thank you all very much. Now the issue is whether we rest before the public hearing at 4:30, in which case we will have to take the item we did not reach today next Tuesday. Or -- actually we are posted the hearing separately.
>> two or three items that we didn't reach today.
>> more important to me is item no. 24. Recess until -- until tomorrow? That's a holiday. Recess it until Thursday.
>> > just go in and bang it out?
>> let's have a recess.
>> we need to have some time in between now and 4:30.
>> the public hearing, we may have 2 people or 200 people. Could be short, but could be very, very long. If it's long we need to rest and get ready for it.
>> how much more time do you think that we would need?
>> I have learned not to second-guess my court.
>> we don't do anything in five minutes.
>> my presentation is five minutes.
>> [indiscernible]
>> we have no choice but to start the public hearing at 4:30.
>> get john's five minutes next week as easy as we can get it now.
>> in that case I move that we adjourn the voting session of the Travis County Commissioners court with the understanding that -- hold on. That we have separate posting for the -- for the public hearing this evening.
>> second.
>> all in favor? That passes by unanimous vote. Well, Commissioner eckhardt votes against.
>> [indiscernible] I have been on vacation for two weeks.
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Last Modified:
Friday, July 6, 2007 9:59 AM