[00:00:01] OKAY. ALL RIGHT, ALL RIGHT. GOOD EVENING, EVERYONE, AT 6 P.M. I WILL CALL THE MEETING TO ORDER. 1ST ITEM ON THE AGENDA IS GOING TO BE THE INVOCATION. DAVID, CAN YOU HANDLE THAT FOR US? SURE. FATHER FOR THE WEATHER, WE'RE THANKFUL. AND FOR THE BEAUTIFUL OF THE OUTDOORS AND EVERYTHING IN YOUR CREATION AND LORD, WE'RE THANKFUL THAT WE'RE ALL ABLE TO ENJOY THE OUTDOORS. FATHER, WE'RE THANKFUL FOR A CITY THAT PROVIDES OPPORTUNITIES AND FOR A CITY THAT CARES ABOUT ITS RESIDENTS. FATHER, WE PRAY THAT YOU'LL TAKE THIS MEETING AND USE IT TO HONOR YOU AND THAT WE'LL GET YOUR WISDOM FROM YOU, FOR IT'S IN YOUR NAME WE PRAY. AMEN. AMEN. ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. 1 NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. UNDER THE TEXAS FLAG I PLEDGE ALLEGIANCE TO THEE. TEXAS ONE STATE, UNDER GOD, ONE AND INDIVISIBLE. ALL RIGHT. MOVING ON TO ITEM 2. CITIZEN APPEARANCES. THIS IS TIME FOR ANYONE IN THE AUDIENCE TO COME SPEAK ON ANYTHING THAT'S NOT LISTED IN A PUBLIC HEARING. SEEING NONE THERE, WE'LL MOVE ON TO THE CONSENT AGENDA. [3. CONSENT AGENDA] ALL ITEMS LISTED ARE ENACTED WITH 1 MOTION. UNLESS SOMEONE FROM THE AUDIENCE COMMISSION OR STAFF WOULD LIKE TO PULL AN ITEM. OTHERWISE, I'LL HEAR A MOTION. I MOTION TO APPROVE. I'LL SECOND HAVE A MOTION BY ASHLEY A SECOND. BY ALL IN FAVOR, RAISE YOUR HAND, PLEASE. PASSES UNANIMOUSLY. ALL RIGHT. WE'LL MOVE ON TO ITEM FOUR, A PUBLIC HEARING. [4.A.Hold a public hearing and consider and take possible action on an ordinance amending the City's zoning ordinance codified in Appendix B of the City of Burleson Code of Ordinances relating to a Heavy & High Energy industrial district. (Staff Contact: Tony D. McIlwain, Development Services Director)] WE'LL HOLD A PUBLIC HEARING AND CONSIDER AND TAKE POSSIBLE ACTION ON AN ORDINANCE AMENDING THE CITY ZONING ORDINANCE CODIFIED IN APPENDIX B OF THE CITY OF BURLESON CODE OF ORDINANCES RELATING TO A HEAVY AND HIGH ENERGY INDUSTRIAL DISTRICT STAFF PRESENTER IS TONY MCILWAIN, DEVELOPMENT SERVICES DIRECTOR. GOOD EVENING COMMISSIONERS. THANK YOU FOR YOUR PRESENCE TONIGHT. THIS IS THE 1ST OF 2 ORDINANCE AMENDMENTS WE'RE BRINGING FORWARD TO YOU. YOU MIGHT RECALL FROM MY LAST PRESENTATION TO YOU, I TOLD YOU WE WERE WORKING ON AMENDING THE CITY'S INDUSTRIAL ZONING DISTRICT TO ACCOUNT FOR SOME LAND USES, SUCH AS HEAVY INDUSTRIAL DATA CENTERS AND THINGS OF THAT. LIKE NOW WHAT WE'RE DOING CONCURRENT WITH THAT WAS MODIFYING THE INDUSTRIAL DISTRICT TO ALLOW FOR A 2DARY INDUSTRIAL CLASSIFICATION CALLED HEAVY INDUSTRIAL. WE'VE SINCE MERGED THAT EFFORT AND THAT WAS THE ORDINANCE THAT WE INCLUDED IN YOUR INFORMATION. I'LL GO THROUGH THE HIGH POINTS AND IF YOU WANT TO TALK SPECIFICALLY ABOUT THE ORDINANCE, I'LL PULL THAT UP ON THE SCREEN AND WE CAN DO THAT AS WELL. SO AS I PREVIOUSLY MENTIONED, THIS IS A FOLLOW UP TO A PREVIOUS BRIEFING. WE GAVE BOTH TO THE COUNCIL AND YOURSELVES, AND THE PURPOSE OF THIS ORDINANCE IS TO BASICALLY INCORPORATE CERTAIN BUSINESSES AND LAND USES THAT MAY CREATE ENERGY OR REQUIRE HIGHER ENERGY CONSUMPTION COMPARED TO OTHER BUSINESSES AND IF NOT PROPERLY REGULATED, MAY CREATE HIGH NOISE LEVELS AND OTHER NEGATIVE IMPACTS. WHAT WE'VE DONE WITH THE DRAFT ORDINANCE IS PROVIDE PERFORMANCE STANDARDS THAT WOULD ESSENTIALLY BE ANOTHER LAYER OF REQUIREMENTS FOR CERTAIN TYPES OF LAND USES. AND SO WE HAVE A BY RIGHT CATEGORY AND ALSO A CATEGORY THAT REQUIRES A SPECIFIC USE PERMIT. AND THAT WOULD ALLOW YOU AS A COMMISSIONER AND AS A BODY TO GO IN AND LOOK AT CERTAIN PERFORMANCE STANDARDS THAT YOU THINK MAY BE APPROPRIATE FOR THE REQUEST THAT YOU THINK MAY ATTENUATE NOISE, MITIGATE TRAFFIC, ANYTHING OF THAT NATURE GLARE DURING YOUR DISCOURSE WITH THE WITH THE APPLICANT. THESE ARE SOME OF THE PRIMARY USE CATEGORIES THAT WE HAVE LISTED, THIS IS A BROAD CATEGORY BASE. IF WE GET SOMEONE WHO KIND OF FALLS WITHIN THE RANGE, WE'LL REGROUP THEM INTO THESE TYPES OF USES. YOU'LL SEE THINGS SUCH AS RELIGIOUS INSTITUTIONS, WE CAN'T EXCLUDE THEM FROM ANY ZONING DISTRICT. WE TYPICALLY DON'T GET A RELIGIOUS INSTITUTION THAT WANTS TO GO INTO AN AREA THAT'S SET UP FOR INDUSTRIAL USE. BUT IF THEY DO, THERE'S AN OLD LEGAL CASE THAT PROHIBITS CITIES FROM DISCRIMINATING AGAINST RELIGIOUS LAND USES. WE HAVE, AND I WON'T READ THROUGH ALL OF THESE, BUT ONE OF THE BIG ONES THAT WE HAVE IS ESSENTIALLY WAREHOUSE AND FREIGHT MOVEMENT. QUICK VEHICLE SERVICES, MANUFACTURING AND PRODUCTION, RAIL LINES AND UTILITY CORRIDORS. WHAT WE'RE DOING IS USING, WE'RE PIVOTING TO A BROAD BASED LAND USE CATEGORIES. AND THEN WITHIN THOSE CATEGORIES, WE'RE GOING TO PROVIDE NEW DEFINITIONS. SO WHAT YOU'LL SEE IN THE ZONING CODE GOING FORWARD IS YOU'RE GOING TO SEE A SHRINKAGE, [00:05:02] IF YOU WILL. YOU'RE GOING TO SEE FEWER DEFINITIONS BROADER CATEGORIES AND IT WILL BASICALLY YOU WON'T HAVE TO HAVE AN APPLICANT FLIPPING THROUGH PAGES AND PAGES OF DEFINITIONS. WE'LL JUST SAY, HEY, ALL THESE USES ARE CLOSELY ASSOCIATED. THEY GET GROUPED IN THIS CATEGORY. THIS IS KIND OF THE 1ST ITERATION OF AN ORDINANCE WHERE YOU'LL SEE THESE TYPES OF CATEGORIES. AND MR. PIERCE IS WORKING ON BEHIND THE SCENES, WORKING ON PUTTING TOGETHER DEFINITIONS THAT WILL WORK. YES, MA'AM. CAN YOU GIVE ME AN EXAMPLE OF A QUICK VEHICLE SERVICE? YES. SO SOMEBODY PULLS IN AND I WANT YOU TO THINK RIGHT NOW, YOU PROBABLY THINK YOU CAN GO TO A GAS STATION AND BE ABLE TO GET A QUICK OIL CHANGE OR MUFFLER SERVICE. WELL, IF YOU EXCLUDE THE GAS STATION COMPONENT, YOU STILL HAVE THOSE USES, A QUICK LUBE PLACE AND THINGS OF THAT NATURE. WE WANT TO MAKE SURE THAT THERE'S ABILITY FOR PEOPLE TO HAVE THOSE TYPES OF USES IN HERE. IF THEY START DOING SOME AUTOMOTIVE WORK, THIS WOULD BE A GREAT FIT FOR IT, YOU KNOW, INDUSTRIAL AREA. THE SPECIFIC USE PERMIT. THIS IS WHEN WE START TO GET TO SOME OF THE USES RELATING TO THINGS SUCH AS POWER GENERATION, LAND USES OR THINGS THAT REQUIRE A LOT OF GENERATION OF POWER OR CONSUMPTION OF ELECTRICITY AND THE LIKE. WE LOOKED AT A NUMBER OF ORDINANCES THROUGHOUT TEXAS AND OUTSIDE THE STATE TO KIND OF LOOK AT HOW THEY WERE PRACTICING THEIR HEAVY INDUSTRIAL USES. AND WE'VE GOT WHAT WE THINK IS A GOOD GRASP OF THINGS THAT TYPICALLY COME TO COMMUNITIES THAT MAY PREVENT, MAY PRESENT PROBLEMS. YOU KNOW, COAL POWER PLANT, WHICH I KNOW IS NOT A THING HERE IN BURLESON, BUT IN THE EVENT THAT IT DOES. WE'VE GOT A PLACE FOR THAT. WE'VE GOT A SOLAR RELATED LAND USES. SO WE PUT IN DETENTION FACILITIES AND SEXUALLY ORIENTED BUSINESSES BECAUSE THEY ALSO HAVE TO HAVE A PLACE IN YOUR CITY. AND SO WE'RE NOT BEING DISCRIMINATORY, WE'RE JUST GIVING THEM A PLACE IN THE CITY WHERE WE THINK THERE ARE FEWER RESIDENTIAL USES AROUND AND LESS OF AN IMPACT ON PEOPLE IN THE NEIGHBORHOOD, FOR INSTANCE. BUT WHAT I WANT TO KIND OF DIRECT YOU TO IS ESSENTIALLY WE TALKED ABOUT THE DATA CENTERS AND SO PART OF WHAT WE'LL DO WITH THIS ORDINANCE IS GIVES US AN OPPORTUNITY TO AT LEAST HAVE A CONVERSATION WITH AN APPLICANT IF THEY WANT TO DO SOMETHING. IF YOU'RE TALKING ABOUT A SMALL BITCOIN OPERATION, WE'RE NOT TALKING ABOUT THAT. THEY CAN PROBABLY STILL GO IN A SMALL INDUSTRIAL AREA, BUT YOU START GETTING TO YOUR LARGER DATA CENTERS. THIS IS WHEN WE'RE GOING TO HAVE TO HAVE THIS DISCUSSION AND COUNCIL WITH THIS NEW ORDINANCE CAN FIND AN APPROPRIATE LOCATION FOR THESE LAND USES TO GO. AND PLEASE INTERRUPT THIS YES, SIR. SOME OF THESE DATA CENTERS ARE HUGE, AND I KNOW A LOT OF AREAS ARE TALKING ABOUT. YOU KNOW, TALKING TO THEM ABOUT UTILIZING THEIR OWN ELECTRICITY AND THINGS OF THIS NATURE. HOW BIG OF AN AREA DOES ONE OF THOSE, HOW MUCH LAND, I MEAN, JUST TYPICALLY, IS THERE A CAN YOU GIVE ME A LIKE AN IDEA OF HOW MUCH PROPERTY THAT WOULD TAKE? SO I'LL GIVE YOU AN IDEA BASED ON WHAT WE'RE ALL FAMILIAR WITH. IF YOU LOOK AT A TYPICAL WALMART SUPERCENTER, OKAY, YOU GET SOME ORDER OF MAGNITUDE WHEN YOU LOOK AT THE DATA CENTER, BECAUSE THEY'RE GOING TO BE LARGER AND YOU'RE STARTING TO GET TO 100,000 PLUS SQUARE FEET FACILITIES. TYPICALLY BIG AND BOXY, AND THEY'RE CONSTANTLY ADDING SOMETHING TO THE SITE TO KEEP UP WITH THE DEMAND AND THIS MAY BE ANOTHER OUTBUILDING WHERE THEY WILL HAVE WATER COOLING TOWERS. THEY COULD HAVE SERVERS LOCATED IN AN ADJACENT BUILDING TO ACCOUNT FOR THE DEMAND. WHAT I HAVE RESEARCHED BECAUSE WE HAVEN'T SEEN IT HERE, BUT WHAT I'VE RESEARCHED IS THAT YOU GET ONE AND THEN THERE'S THIS CONSTANT OUTGROWING EFFECT, AND YOU START GETTING ACRES AND ACRES OF LAND EATEN UP BECAUSE IF YOU GO TO A SOLAR FIELD, FOR INSTANCE, THAT'S ACRES AND ACRES AND ACRES OF LAND FOR JUST THE GENERATION OF SOLAR POWER. THE DATA CENTER IS A LITTLE DIFFERENT DEPENDING ON THE COMPUTING METHOD. KIND OF DICTATES HOW MUCH LAND THEY NEED. YOU ALWAYS HEAR PEOPLE TALKING ABOUT MOVING THINGS TO THE CLOUD. WELL, IT'S NOT REALLY IN THE CLOUD, RIGHT? IT'S IN A SERVER SOMEWHERE THAT YOU HAVE TO GET TO. WHAT WE'RE LOOKING AT IS AS QUANTUM COMPUTING TAKES GREATER HOLD, YOU SHOULD SEE LESS NEED FOR SUCH LARGE BUILDINGS. BUT AS IT STANDS NOW, THE STATE IS ACCOMMODATING. THESE LOCAL COMMUNITIES ARE PARTICULARLY COUNTIES ARE STRUGGLING BECAUSE THEY DON'T HAVE THE LANES AND CONTROLS THE CITY, [00:10:05] CITIES DO. BUT IF YOU LOOK AT THE FORT WORTH OR DALLAS, THEY'RE TRYING TO CENTER THOSE ALONG. HOW WE ACCESS TO GET FREIGHT IN AND OUT QUICKLY BECAUSE THEY'RE BRINGING IN SERVERS. IT'S NOT A LOT OF PEOPLE THAT WORK THERE, BUT YOU STILL HAVE THE RUMBLE OF VEHICLES TAKING EQUIPMENT IN AND OUT. SO I WOULD TELL YOU THAT YOU CAN THESE MEGA CENTERS WILL GREATLY EXCEED 100,000FT². THE THE CITY FORT WORTH CITY COUNCIL IS DEALING WITH THIS WITH 2 PLACES, 1 IN WEST FORT WORTH CLOSE TO BENBROOK AND THE OTHER 1 IN THE SOUTHWEST SIDE OF FORT WORTH. THE ONE ON WEST SIDE IS 186 ACRES. SO I MEAN, A TYPICAL WALMART IS WHAT, 10 ACRES? SO I MEAN, YOU HAVE AND THEY TAKE AND THEY OCCUPY THAT MUCH LAND AREA BECAUSE THEY EXPECT TO GROW. AND THERE'S NO REASON WE'RE GETTING INCREASINGLY RELIANT ON COMPUTING TECHNOLOGY. IT'S GETTING INCREASINGLY INTEGRATED AND THE DEMAND IS CERTAINLY SELF-EVIDENT. YOU KNOW, HERE IN TEXAS. SO HAVE WE ALREADY. I MEAN, DO WE KNOW OF AREAS THAT WE'RE EVEN GOING TO HAVE THE CAPACITY TO HAVE SOME OF THESE COME IN? AND IF THEY WANTED TO. WE THINK ALONG THE I-35 CORRIDOR IS THE ONLY APPROPRIATE PLACE RIGHT NOW. YOU START MOVING EAST OR WEST OFF OF THE INTERSTATE, YOU START GETTING INTO AREAS THAT ARE OLD HOMESTEAD PROPERTIES WHICH DON'T HAVE THE QUICK ACCESS TO THE INTERSTATE. THE INFRASTRUCTURE IS FREQUENTLY NOT AVAILABLE, AND THESE PEOPLE NEED ELECTRICITY AND THEY NEED WATER. AND SO THEY NEED TO BE IN AREAS WHERE THAT'S PLENTIFUL. AND SO YOU'LL, YOU MAY GET THEM IN A SUBURBAN AREA FOR SURE, BUT WE WOULD LIKE TO HAVE THOSE CONSIDERATIONS UP AND ALONG THE I-35 CORRIDOR. ANYBODY CAN SUBMIT AN APPLICATION FOR ANY LOCATION IN THE CITY, RIGHT. I THINK PART OF WHAT WE'RE DOING IS THIS EFFORT IS ALSO PART AND PARCEL WITH THE COMPREHENSIVE PLAN UPDATE. SO WE GET TO DICTATE WHERE WE THINK USES GO. THEY STILL GET TO ASK AND ULTIMATELY IT'S YOUR RECOMMENDATION AND COUNCIL'S DECISION. BUT YOU KNOW FROM A STAFF LEVEL WE LIKE TO HAVE THOSE CLUSTERED ALONG THE I-35 CORRIDOR. SO THESE DATA CENTERS AREN'T LIKE THE BITCOIN MINING OPERATIONS THAT WE SEE ON THE NEWS THAT ARE DESTROYING SURROUNDING PROPERTIES WITH ALL THE CRAZY NOISE. OR ARE THEY? I MEAN, THEY'RE IN BIG WAREHOUSES AND THEY'RE QUIET OR ARE THEY LOUD? NOT QUIET? I'LL DRAW A DISTINCTION BETWEEN BITCOIN MINING OPERATIONS. YOUR BITCOIN MINING OPERATION COULD BE IN A MUCH SMALLER FOOTPRINT. IT COULD PROBABLY BE INTEGRATED IN A HEAVY COMMERCIAL INDUSTRIAL AREA. WE'VE GOT 1 IN THE MCILWAINITY. IT'S IN A BRICK BUILDING, YOU WOULDN'T YOU WOULDN'T NOTICE ANYTHING DIFFERENT, RIGHT? WHEN YOU START GETTING YOUR LARGE SCALE DATA CENTERS, THESE HYPER HYPER CENTERS, AS THEY CALL IT, YOU THEN START GETTING INTO A WHOLE NOTHER CATEGORY. THOSE ARE THE PEOPLE THAT REQUIRE ERCOT'S FULL ATTENTION RIGHT AT THE STATE LEVEL BECAUSE OF THE THE NEED TO HAVE THE ELECTRICITY INFRASTRUCTURE, THE GRID IN TEXAS. HAVE THEM HAVE SOME BUY IN TO MAKE SURE UPGRADES TO THE GRID ARE OCCURRING BECAUSE THEY ARE SUCH LARGE ELECTRICITY USERS. FROM A CITY PERSPECTIVE, COST BENEFIT ECONOMICS. IS THIS GOOD FOR THE CITY? I MEAN, DOES THIS BRING IN REVENUE FOR THE CITY OR OR IS MAKING THE RESTRICTIONS GOING TO PUSH THE PUSH THE INDUSTRY OUT OF THE CITY WHERE THERE'S LESS? WHAT'S THE COST BENEFIT? SO I HAVEN'T DONE AN ANALYSIS. WHAT I TYPICALLY SEE IS THE APPLICANT WILL SAY WE'RE GOING TO BRING JOBS. WELL, YOU CAN DO AN AGREEMENT WITH THEM TO SAY, HEY, HERE'S A PERFORMANCE AGREEMENT. HOW MANY JOBS ARE YOU GOING TO BRING? WHAT'S GOING TO BE THE PRICE POINT OF THESE JOBS? BUT WHAT I SEE TYPICALLY IS FEWER JOBS AND IT'S MORE OF A IT'S A CAPITAL INVESTMENT WHERE YOU MAY HAVE A SEVERAL MILLIONS OF DOLLARS ON THE GROUND IN A NEW BUILDING THAT GETS TO BE ADDED TO THE AD VALOREM TAX ROLL. THAT'S ALWAYS A BENEFIT TO THE CITY. BUT I DON'T KNOW IF THERE'S A TRUE COMBINATION OF THAT CAPITAL INVESTMENT AS WELL AS THE JOB CREATION. WE HAVEN'T HAD ANY PRACTICAL EXPERIENCE WITH THAT BECAUSE NOBODY'S COME FORWARD. THAT WOULD BE TO THE CITY'S BENEFIT IF WE CAN LEGITIMATELY QUALIFY, QUANTIFY. EXCUSE ME, HERE'S THE CAPITAL INVESTMENT WITH NO TAX INCENTIVES, RIGHT? YOU COME IN, YOU PUT YOUR PRODUCT ON THE GROUND, WE IMMEDIATELY GET THE AD VALOREM TAX BENEFIT, [00:15:06] AND YOU THEN BRING IN JOBS THAT WOULD BENEFIT EMPLOYEES AND THEIR FAMILY. BUT IF YOU'RE GOING TO GIVE IT ALL AWAY WITH A INCENTIVE PACKAGE, THAT PRETTY MUCH TAKES ALL THE TAX INCENTIVES, I DON'T KNOW WHAT THE BENEFIT WOULD BE OTHER THAN SAY THEY'VE GOT A PRESENCE IN THE CITY. I HEAR WHAT YOU'RE SAYING. BUT AGAIN, GOING BACK TO THE FORT WORTH EXAMPLE, THEY'RE GIVING THEM AN $18 MILLION PACKAGE WITH A $49 MILLION BENEFIT OVER 10 YEARS. SO THERE'S A RETURN ON INVESTMENT, BUT THE MAJORITY OF IT'S NOT IN JOBS. IT'S ON THE TAXES ON THE EQUIPMENT BECAUSE THEY'RE REPLACING THAT EQUIPMENT EVERY 2 TO 3 YEARS. SO EVERY TIME THEY TURN THAT OVER, THERE'S ANOTHER. SO THERE IS AN ECONOMIC BENEFIT TO THE CITY? YES, SOMEWHAT. YOU'LL HAVE SOME CITIES THAT INCENTIVIZE THOSE DEALS TO COME IN. OBVIOUSLY THAT'S PAST. SORRY, I'M OVER HERE. BUT YOU'LL HAVE SOME CITIES INCENTIVIZE THAT. OF COURSE THAT'S OUTSIDE THE POWER OF THE ZONING ORDINANCE. BUT YES THEY CAN. CERTAIN CENTERS, GIVEN THE SIZE AND COMPLEXITY ADD DOLLARS TO THE TAX ROLLS, SIGNIFICANT DOLLARS, MAYBE SOME JOBS, BUT IT'S A SIGNIFICANT I KNOW THE CITY OF EL PASO BROUGHT IN A BIG DATA MINING OPERATION OR MEDICINE. YEAH. DATA CENTER. EXCUSE ME. THANK YOU. AND IT'S ONE OF THEIR BIGGEST TAX PRODUCERS, YOU KNOW, IN THE CITY. YOU KNOW, AND AGAIN, THAT'S OUTSIDE, YOU KNOW, WHETHER WHETHER THEY INCENTIVIZE OR NOT INCENTIVIZE IS PART OF THAT DISCUSSION, I THINK. WHAT, WHAT STAFF HAS QUEUED UP HERE IS, YOU KNOW, AND I APOLOGIZE FOR MY TARDINESS, BUT, YOU KNOW, OUR CURRENT ORDINANCE REALLY DOESN'T ADDRESS SOME OF THESE HEAVIER USES. AND WE'RE TRYING TO CREATE CATEGORIES TO KIND OF BETTER PROTECT OUR CITY WITH THIS ADDITIONAL ZONING CLASSIFICATION. TO KIND OF SWITCH GEARS FOR A MINUTE SEXUALLY ORIENTED BUSINESSES AND WE'RE PUTTING THAT INTO THIS CATEGORY. AND MAYBE WE HAVE TO DO, WE HAVE TO ALLOW SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY. WE DO. OKAY. THEN WE DO. I MEAN, IT'S OKAY. YOU KNOW, I HAVEN'T LOOKED AT THE LAW RECENTLY, BUT IT'S REALLY A BY PRODUCT OF THE SIZE OF YOUR CITY ALSO. UNLESS THE LAWS CHANGE AND YOU MAY KNOW MORE ABOUT IT THAN I DO, BUT TYPICALLY THE LARGER CITIES, THE MORE SET ASIDES YOU NEED TO HAVE FOR THOSE TYPES OF USES. YEAH, WE HAVE TO ALLOW THAT ZONING CATEGORY OR THAT THAT USE AT LEAST SOME ZONING CATEGORY IN THE CITY. ANY OTHER QUESTIONS ABOUT THIS? USE CATEGORIES. OKAY. SO WE PUT IN A SITE PLAN REQUIREMENT. UNDER THIS NEW DRAFT PROPOSAL. SO IF YOU NEED TO HAVE APPROVAL OF AN SCP, YOU ALSO NEED TO HAVE APPROVAL OF A SITE PLAN AND THE COUNCIL RESERVES THE RIGHT TO CONSIDER WHETHER YOU NEED ADDITIONAL ENHANCEMENTS, WHETHER IT BE LANDSCAPING, BUFFERING, SCREENING, NOISE, GLARE, AND THE LIKE. OBVIOUSLY, THESE STEPS COME TO YOU AND SO YOUR RECOMMENDATION IS WHAT GETS FED UP TO THE COUNCIL. AND THEN THEY WILL MAKE A DETERMINATION BUT THESE ARE THE THINGS FROM A COMMISSIONER STANDPOINT THAT YOU CAN CONSIDER WHEN YOU GET AN APPLICATION IN THE FUTURE FOR 1 OF THESE USES. AND AGAIN, THE ROLE OF THE COMMISSION IS FOR APPROPRIATENESS OF USE IN THE COMMUNITY. YOU KNOW, THE SITING, THE SCALE OF THE BUILDING YOU KNOW, WHETHER OR NOT IT'S GOING TO BE MITIGATED BY SOME CONTROLS THAT YOU CAN REQUIRE THE APPLICANT. WE ALSO PUT IN WHAT WE CALL A BUFFER REQUIREMENT. SO AS YOU KNOW, WE GOT SETBACK STANDARDS. YOU KNOW, EVERY PROPERTY HAS TO MEET A CERTAIN AMOUNT OF SETBACKS FROM THE FRONT, SIDE AND REAR. IN ADDITION TO THAT, WE PUT IN A BUFFER REQUIREMENT WHERE WE'RE GOING TO LOOK AT THE CLOSEST PORTION OF YOUR BUILDING TO ANY BOUNDARY THAT'S NOT WITHIN A HEAVY INDUSTRIAL USE CATEGORY. AND SO IF WE TAKE AND DRAW A STRAIGHT LINE FROM THE EDGE OF YOUR BUILDING, YOU GOT TO BE 200FT FROM THE NEAREST BOUNDARY OF ANY DISTRICT, ALLOWING RESIDENTIAL USES THAT TETHERS DOWN A 100FT FOR ANY RETAIL OR COMMERCIAL USE. AND SO THE POINT BEING IS THAT WE'RE REALLY TRYING TO BE SENSITIVE TO THE BOTH BOTH COMMUNITIES RESIDENTIAL AND NONRESIDENTIAL WHEN IT COMES TO THESE USES. THAT'S REALLY TIED INTO WHERE INDUSTRIAL GOES THOUGH, RIGHT? YOU SHOULDN'T REALLY BE IN THE PRACTICE OF RECOMMENDING APPROVAL OF INDUSTRIAL UP AGAINST A RESIDENTIAL AREA. HOWEVER, IF THEY COME TO THE NUISANCE, THAT'S THAT'S TOTALLY FINE. BUT I THINK FROM FROM THIS BUFFER REQUIREMENT, YOU CAN AT LEAST HAVE THAT ADDED COMFORT OF KNOWING IT'S MORE THAN JUST A SETBACK. [00:20:07] IT'S REALLY 200FT. AND THEN IN BETWEEN THAT, YOU PUT IN YOUR BUFFER STANDARDS WITH LANDSCAPING AND TRY TO MITIGATE AS MUCH AS POSSIBLE. AND THAT'S IF YOU SUPPORT THE APPLICATION, IF YOU DON'T SUPPORT THE APPLICATION, IT DOESN'T MATTER, YOU JUST RECOMMEND DENIAL. HOW MARRIED ARE WE TO THE 200 AND 100FT. IT'S JUST THINGS WE'RE NOT MARRIED TO IT. TO ANSWER YOUR QUESTION DIRECTLY. SO IF YOU HAVE A CONVERSATION, I HAVE A RECOMMENDATION THAT'S WHAT WE'LL TAKE FORWARD TO THE CITY COUNCIL FOR CONSIDERATION. WELL, I'D LIKE TO SEE IT MORE SIGNIFICANTLY LARGER, LIKE 500 250 MYSELF. THESE THINGS, NUMBER 1, THEY HAVE THE INFRASTRUCTURE COSTS TO MAINTAIN IT, BUT THEY ALSO HAVE AN INFRASTRUCTURE COST. AND BACKUP GENERATORS AND BACKUP GENERATORS ARE NOT QUIET MACHINES. THEY ARE EXTREMELY LOUD. AND I THINK BOTH THE 200 AND 100FT IS A LITTLE BIT ON THE SHY END AND I THINK THAT THE MITIGATION ISSUES NEED TO BE LOOKED AT TO IMPROVE THOSE, BECAUSE IF IT'S JUST THE STANDARD MITIGATION OF A 8 OR A 10 FOOT WALL, THAT'S NOT GOING TO CUT IT EITHER. THAT'S JUST BUT AREN'T WE TALKING ABOUT. IF YOU GO BACK A SLIDE TO THE. WAS THAT THESE ARE SUP CATEGORIES AND SOME OF THESE WOULDN'T NECESSARILY BE IN A, YOU KNOW, IF YOU WERE GOING TO DO LIKE A. I'M JUST HYPOTHETICALLY YOU HAD. MAYBE IT WAS ON WHAT HAPPENED TO THE. THE GAS STATION THING THAT WAS ON THERE A WHILE AGO WAS THAT THAT WAS A, THAT'S ONE CATEGORY FOR YOUR, YOUR QUICK VEHICLE SERVICE. YOU KNOW, LIKE THESE, THESE CATEGORIES HERE DON'T NECESSARILY REQUIRE SUP RIGHT? YES, SIR. THAT'S CORRECT. OKAY. SO YOU'RE TALKING ABOUT THE NEXT SLIDE THAT DOES REQUIRE. SO I CAN UNDERSTAND THAT IF THEY'RE GOING TO CAUSE A NUISANCE, YOU KNOW, NO NOISE RELATED OR, OR EVEN, YOU KNOW, ATMOSPHERIC RELATED, YOU KNOW, ISSUES. I COULD BE, I COULD GO ALONG WITH WHAT DAVID SAID. YOU KNOW, IT'S I THINK WHAT THESE PERFORMANCE STANDARDS AND THE BUFFER REQUIREMENTS, I THINK THOSE ARE GOOD CONVERSATIONS TO HAVE BECAUSE EVERY APPLICATION IS GOING TO BE DIFFERENT AND MAY HAVE DIFFERENT IMPACTS. WHATEVER RECOMMENDATION YOU THINK IS APPROPRIATE, WE'RE GOING TO FORWARD THAT TO THE CITY COUNCIL. SO IF YOU THINK YOU WANT TO INCREASE ANY OF THIS BASED ON WHAT THE ORDINANCE. IS THIS SOMETHING THAT YOU THAT OTHER CITIES ARE DOING? IS THAT WHERE WE GOT THE 100? WELL, SOME CITIES ARE DOING IT. SOME CITIES ARE NOT SOME CITIES ARE NOT REQUIRING ANY KIND OF BUFFER REQUIREMENT. I THOUGHT THAT IT WOULD BE APPROPRIATE TO AT LEAST HAVE SOMETHING ON THE BOOKS FOR BUFFER REQUIREMENT OTHER THAN JUST YOUR BASIC SETBACK. EXCUSE ME? YOUR BASIC SETBACK. BECAUSE IF YOU PUT IN A 50 FOOT SETBACK, THAT'S NOT IT'S NOT A GREAT DISTANCE AND I AGREE. MR. HADLEY EVEN WHEN YOU LOOK AT A 200 FOOT, THAT'S FROM HERE TO PROBABLY RIGHT DOWN HERE SOMEWHERE. IT'S NOT A GREAT DISTANCE, IT IS A STARTING POINT FOR CONVERSATION, IT'S A STANDARD THAT WE HAVE. AND THIS IS A GOOD POINT OF BEING HERE TONIGHT TO TALK ABOUT IF YOU WANT TO INCREASE. NO, THE PARKING LOT CAN GO WITHIN THE SETBACK. WE'RE TALKING ABOUT JUST THE VERTICAL ELEMENTS OF THE BUILDING ITSELF. NOW, IF YOU DECIDE THAT YOU WANT TO HAVE ALL VERTICAL ELEMENTS OUTSIDE OF THAT BUFFER, THAT'S CONSIDERATION, THAT WOULD INCLUDE YOUR GENERATORS AND EVERYTHING ELSE. SO YOU DON'T HAVE ANY OF THAT ENCROACHING WITHIN THE BUFFER. RIGHT NOW, IT'S WRITTEN JUST TO BE THE OUTSIDE FACE OF THE BUILDING. YOU CAN ALWAYS SAY, LET'S TWEAK IT TO HAVE ALL VERTICAL. YOU KNOW, THEN I THINK I'M INCLINED TO AGREE WITH MR. HADLEY. ARE YOU OKAY? ARE YOU SAYING THAT THIS WOULD BE RELATING TO ANY RESIDENTIAL AREA OR JUST ANY AREA THAT. SO IT COULD BE THAT OTHER BUSINESSES OR OTHER. YES. OTHER STRUCTURES ARE LOCATED. YES, SIR. AND DEPENDING ON IF IT'S RESIDENTIAL OR NONRESIDENTIAL, WILL BE THE DIFFERENCE IN THE BUFFER REQUIREMENT IS GREATER FOR THE RESIDENTIAL THAN THE NONRESIDENTIAL. BUT WHAT WE DIDN'T WANT WAS ANY SUP REQUIRED LAND USE WITHIN JUST A BASIC SETBACK WHEN IT CAME UP AGAINST A GENERAL RETAIL OR COMMERCIAL ZONING DISTRICT OR RESIDENTIAL. ARE WE EXPECTING MULTI-FAMILY HOUSING IN THAT SAME AREA? I MEAN, IT'S POSSIBLE, BUT THOSE TYPES OF REQUESTS, WE NEVER KNOW WHAT WE'RE GOING TO GET. [00:25:08] AND I WILL TELL YOU THAT RIGHT NOW, THE I-35 CATEGORY, INTERSTATE HIGHWAY 35 DISTRICT ALLOWS MULTIFAMILY ALREADY. AND SO IF IT'S IF AN APPLICANT IS SUCCESSFUL IN GETTING SOMETHING APPROVED IN ONE OF THESE USE CATEGORIES, AND THEY GET THERE WHEN THEY'VE GONE THROUGH THE PROCESS, BUT IT COMES BACK DOWN TO WHO'S ARRIVING FIRST. AND IF YOU'RE COMING TO THE NUISANCE, MEANING IF YOU CONSIDER THIS A NUISANCE USE, AND IT GOES TO THE OUTSKIRTS OF THE TOWN AND YOU COME IN WITH THE MULTIFAMILY, THAT'S A DIFFERENT CONVERSATION BECAUSE YOU'RE NOW COMING TO THE TO THE NUISANCE, AND THEY WOULDN'T BE REQUIRED TO MOVE ANY FURTHER BACK IF YOU CAME TO THEM. CAN YOU GO BACK TO THE SLIDE THAT WE'RE TALKING ABOUT, THE 1 AFTER THIS 1? WHENEVER IT SAYS TALKING ABOUT THE KIND OF LIKE BOUNDARY LINE, DOES THAT MEAN? LIKE WHAT'S THE DEFINITION OF BOUNDARY LINE? IS IT ZONING DIFFERENT ZONING OR IS IT A PROPERTY LINE? JUST TRYING TO MAKE SURE THAT THAT IS. IT WOULD BE THE SO DISTRICT WE'RE REFERRING TO ZONING DISTRICT. AND WHAT WE WOULD DO IS WE WOULD TAKE IN WHEN A SITE PLAN WOULD COME BEFORE YOU, YOU HAVE A SETBACK OR A BUFFER MEASUREMENT ON IT THAT SAYS, OKAY, WE'RE X AMOUNT OF FEET AWAY FROM THE CLOSEST FROM THE NEXT ZONING DISTRICT, THAT IS NOT HEAVY INDUSTRIAL AND SO IT BECOMES JUST A MEASUREMENT EXERCISE. NOW HERE'S THE THING. AS THESE USES EXPAND AND IF ANOTHER BUILDING POPS UP, YOU KIND OF CAN CONTROL THAT AND SAY, WELL, SORRY, YOU CAN'T ENCROACH WITHIN THIS BUFFER. SO THEY EITHER WILL RUN OUT OF, THEY HAVE TO EITHER GROW IN ANOTHER ORIENTATION AWAY FROM THE RESIDENTIAL OR NONRESIDENTIAL USE OR GO VERTICAL. YOU KNOW, WHICH DRASTICALLY INCREASES THE COST OF THE DEVELOPMENT. BUT THE WHOLE POINT IS TO KIND OF BRACKET THEM IN AT A GREATER DISTANCE THAN JUST YOUR REGULAR SETBACK. YOU KNOW, THE DEPENDING ON WHAT THE BUILDING OR STRUCTURE IS, I THINK WOULD MAKE A DIFFERENCE AS TO HOW MANY FEET. I WOULDN'T WANT A WIND FARM, YOU KNOW, 200FT AWAY FROM ME. I MEAN, THAT'S LIKE AN EYESORE. BUT SOMETHING ELSE THAT YOU DON'T HARDLY EVEN RECOGNIZE. SURE WOULD. SO IS THERE A WAY THAT WE CAN. DO YOU HAVE TO HAVE THAT IN THERE IN ORDER TO OR CAN WE DO IT BUSINESS BY BUSINESS OR PROJECT BY PROJECT? WELL, YOU KNOW, I WOULD ALWAYS RECOMMEND THAT YOU HAVE SOME REGULATIONS ON THE BOOKS, BUT YOU ALWAYS LOOK AT THEM ON A CASE BY CASE BASIS. SO JUST BECAUSE WE SAY YOU CAN HAVE IT PER SUP DOESN'T MEAN YOU HAVE TO APPROVE THE SUP REQUEST. IF YOU DON'T THINK IT'S AN APPROPRIATE LOCATION FOR IT BECAUSE OF THE PROXIMITY OF RESIDENTIAL USES AND THAT'S YOUR CONCERN, THEN YOU WOULD STATE THAT THAT'S YOUR CONCERN. WHAT WE HAVE TO DO IS MAKE SURE THAT AN APPLICANT IS GIVEN A FAIR CHANCE TO COME IN AND SATISFY THE CITY'S REQUIREMENTS AND TO THE EXTENT THAT THE PLANNING AND ZONING COMMISSION AND COUNCIL FEELS THAT OTHER SAFEGUARDS ARE NECESSARY, YOU HAVE THAT CONVERSATION. IF THE APPLICANT SAYS, I'M WILLING TO DO THAT, THEN YOU YOU MOVE ON AND THE APPLICANT GOES DOWN AND COMPLETES THE PROJECT,. NOT LISTING IT DOESN'T PREVENT THE REQUEST FROM COMING TO STAFF. AND I THINK THAT WHEN YOU HAVE THESE TYPES OF USES, YOU WANT TO MAKE SURE THAT WE CAPTURE ENOUGH OF THESE USES TO GIVE SOME GUARDRAILS TO HOW THE P&ZX AND COUNCIL NEEDS TO REACT WHEN WE GET THESE REQUESTS. I'M JUST TRYING TO HEAD OFF ANY FUTURE MEETINGS. AND, YOU KNOW, WITH COUNCIL BECAUSE, YOU KNOW, YOU SAID 200FT OR 500FT OR SOMETHING LIKE THAT, AND THEN SOMETHING COMES ALONG THAT, YOU KNOW, IT'S KIND OF OUT OF THE ORDINARY AND WE'RE GOING TO HAVE TO ALLOW IT BECAUSE WE'VE SET STRICT GUIDELINES AS FAR AS, YOU KNOW, THE DISTANCE. I MEAN, THERE'S SOME BENEFIT TO THE SITE PLAN. I MEAN, I THINK PART OF WHAT WE DO IS TYPICALLY SITE PLANS ARE APPROVED BY STAFF UNLESS THERE'S SOME KIND OF WAIVER OF VARIANCE REQUEST. ALL OF THESE SITE PLANS WILL GO TO COUNCIL. THERE'S NOTHING APPROVED BY STAFF. SO IF YOU GET THE SITE PLAN AS A COMMISSIONER AND GO, I DON'T REALLY LIKE THE SITING OF THIS WINDMILL, CAN YOU MOVE IT TO THE OTHER SIDE OF THE PROPERTY? HERE ARE OUR CONCERNS. THAT'S A CONVERSATION YOU HAVE WITH THE APPLICANT AND IF THEY DON'T WANT TO MEET YOU HALFWAY, THEN YOU HAVE THE POWER OF GIVING A RECOMMENDATION TO THE CITY COUNCIL WITH YOUR CONCERNS. I THINK THAT'S WHAT THE STAFF HAS TRIED TO DO HERE WITH KIND OF THE 2 DIFFERENT OPTIONS [00:30:04] HERE. IS THAT THAT BOTTOM. THE SETBACK REQUIREMENTS ARE REALLY JUST A BASELINE. IT'S THE ONE UP TOP THAT ALLOWS US MORE FLEXIBILITY FROM PROJECT TO PROJECT. BECAUSE THESE PROJECTS DO OR CAN VARY SO MUCH IN SCOPE. AND SO YES, WE CAN THINK OF A LOT OF WORST CASE SCENARIOS, RIGHT? IT DOESN'T, IT DOESN'T. AND SOMETIMES THOSE HAPPEN AND BUT WE'RE TRYING TO GIVE OURSELVES AT LEAST HAVE SOME BASELINE, BUT ALSO GIVE OURSELVES UP TOP ENOUGH FLEXIBILITY TO AS WE SEE THE PROJECT ON PAPER, BECAUSE EVEN, EVEN WITH THE USES THAT, THAT TONY AND SLIDE BEFORE HANDLED, THERE'S A WIDE VARIETY JUST AMONG THOSE USES ON THAT SLIDE. RIGHT. AND SO WE'RE TRYING TO GIVE OURSELVES AS MUCH FLEXIBILITY TO HANDLE THESE SUPER INTENSE, SUPER UNIQUE USES. YEAH. JUST A LITTLE BIT MORE ON THAT TOPIC. IS IT BETTER TO SET? I'D LIKE TO SEE SOME BUFFER SET, BUT IS IT BETTER TO SET A HIGHER BUFFER AND THEN WIGGLE, ALLOW THEM TO DEMONSTRATE WHY THEY DON'T NEED THAT MUCH OF A BUFFER? OR IS IT BETTER TO SET A LOW BUFFER AND THEN WE MAKE IT HIGHER AS NEEDED? I MEAN, IT'S A I MEAN, IT'S A PHILOSOPHICAL QUESTION. I. I DON'T KNOW THAT I HAVE AN ANSWER BECAUSE I THINK IT CAN BE LOOKED AT EITHER WAY. I TYPICALLY WOULD RATHER SEE THE COMMISSION AND COUNCIL HOLD A POSITION OF AUTHORITY AND REQUIRE SOMETHING GREATER THAN TO CONSIDER SOMETHING LESS. DOES THAT MAKE SENSE? OKAY. AND SO I THINK IF YOU FEEL THAT A SPECIFIC PROJECT YOU NEED TO HAVE, FIRST OF ALL, THEY GOT THE ROOM RIGHT AND IT'S GOING TO BE LARGE. AND THEY MAY SAY, OH, WELL, WE'RE GOING TO BE 300FT AWAY. WELL, THEN GREAT. YOU JUST REQUIRE THAT AS PART OF THE CONDITION. BUT WHEN YOU START THEN ASKING FOR A LESSENING OF THE MINIMUM STANDARDS, I THINK IT BECOMES PROBLEMATIC FOR STAFF BECAUSE WE'RE GOING TO SAY, WELL, BASED ON WHAT. SO I THINK MUCH LIKE, YOU KNOW, [INAUDIBLE] SAID, IT'S A BASELINE. SURE, SOMEBODY CAN SAY WE WANT TO HAVE LESS, BUT I THINK IT'S A BASELINE. IF YOU NEED TO HAVE SOMETHING GREATER THAN THAT, THEN THAT'S WHEN THE DISCUSSION HAPPENS. THAT'S WHAT WE WOULD LIKE TO SEE HAPPEN, SO IT'S NOT A RIGID SET STANDARD IT'S A BASELINE. SO IT SOUNDS LIKE YOU'RE SAYING SETTING A LOWER, SETTING SOMETHING THERE, A PLACEHOLDER LOWER, IT WOULD BE BETTER. WELL I THINK IT'S A START. I THINK, YOU KNOW, YOU CAN START OUT VERY HIGH AND THEN YOU GET SO HIGH THAT EVERYONE COMES IN AND ASKS FOR SOMETHING LESS. I THINK WE LOOK AT IT AND SAY, WELL, WE WOULD LIKE TO DO MORE AND AGAIN, THESE ARE PERFORMANCE STANDARDS. THIS IS A SUP. IF THEY DON'T WANT TO MEET THE CITY, THEY CAN ALWAYS SAY NO, THANK YOU. OKAY, THANKS. REAL QUICK, DID I HEAR YOU RIGHT? THAT IF THEY WERE TO HAVE THEIR ACREAGE, THE BUILDING WOULD BE WHERE YOU WOULD BE CONSIDERING THIS AND THEN THEY COULD TECHNICALLY PUT ALL OF THEIR GENERATORS AT THE EDGE. I KNOW IT'S CRAZY HYPOTHETICAL, BUT THAT COULD THEY COULD LIKE LOOPHOLE THAT ESSENTIALLY BY PUTTING LIKE GENERATORS AT THE EDGE OF THEIR PROPERTY LINE. AND THEN THAT'S GOING TO BE ENCROACHING ON THE, YOU KNOW, RESIDENTIAL AREA NEXT TO IT. COMMISSIONER LITNER ASKED, CAN CAN PARKING GO TO THE PARKING CAN? THAT'S JUST A FLAT SURFACE. EVERYBODY HAS A PARKING LOT. WHAT WE DON'T WANT, AND ONE OF THE THINGS THAT SHE WANTED TO HAVE CONSIDERED BY THE GROUP IS, DO YOU INCLUDE ALL OF THOSE VERTICAL ELEMENTS WITHIN THE BUFFER, NOT JUST THE BUILDING? YOU JUST SAY ANY YOU KNOW, IF YOU HAVE A GENERATOR, YOU WANT THE GENERATOR EVEN FAR ENOUGH AWAY, WHEREAS IN THAT OUTSIDE OF THAT BUFFER AREA. AND I THINK THAT'S A GOOD POINT BECAUSE THAT'S WHAT'S REALLY GROWING. THESE GENERATORS ARE POPPING UP, THESE OTHER BUILDINGS ARE POPPING UP. AND IF YOU SAY, HEY, TWEAK THAT TO SAY, ALL VERTICAL ELEMENTS OF CONSTRUCTION RELATING TO THE PRINCIPAL USE HAVE TO BE LOCATED BEYOND THAT CAN'T ENCROACH THE BUFFER AREA IS WHAT I'M TRYING TO SAY THAT PUSHES EVERYTHING OUT EXCEPT FOR LANDSCAPING AND PARKING. ESSENTIALLY. I THINK IT'S SOME OF THESE STEPS COULD POSSIBLY END UP IN THE SAME AREA, KIND OF LIKE THE BUSINESS PARK, RIGHT? I MEAN, THERE'S THAT POSSIBLE. WELL, IT'S ONLY POSSIBLE IF THE COUNCIL APPROVES IT. SO I UNDERSTAND THAT. BUT WHAT I'M SAYING IS IF THEY DO, YOU KNOW, THEY IT WOULD IT WOULDN'T BE AS BAD AS BEING RIGHT NEXT TO A RESIDENTIAL AREA, YOU KNOW, BECAUSE THEY CAN COEXIST EASIER THAN, RESIDENTIAL CAN COEXIST WITH SOME OF THE SUPS. [00:35:01] I THINK IT DEPENDS ON THE SUP. AND I KNOW I DON'T HAVE ANYBODY HERE FROM ECONOMIC DEVELOPMENT, BUT THE CITY IS VERY SELECTIVE AS TO WHO THEY WANT TO GO INTO THE BUSINESS PARK. AND I THINK THAT WHAT WOULD BE PARAMOUNT IS TO MAKE SURE YOU DON'T HAVE WHAT IS CONSIDERED A NOXIOUS USE RIGHT NEXT TO AN AREA WHERE YOU'RE TRYING TO RECRUIT SOMEBODY, RIGHT? AND SO I THINK THAT'S WHEN IT COMES DOWN TO THE DISCRETION THAT YOU HAVE TO SAY, WELL, THAT'S REALLY CLOSE TO THE BUSINESS PARK. I DON'T LIKE THIS SPECIFIC USE THAT CLOSE TO THE BUSINESS PARK VERSUS THAT MAY BE ANOTHER SUP LAND USE THAT YOU MAY SAY, WELL, THAT'S IT'S A SOLAR FIELD WE DON'T CARE, THEY JUST SIT THERE, RIGHT. BUT I THINK THAT DISCRETION IS GOING TO IT'S GOING TO HAPPEN BECAUSE THIS ZONING DISTRICT DOES NOT EXIST ON THE GROUND TODAY. SO EVEN AFTER IT IS APPROVED, IT WILL NOT EXIST ANYWHERE EXCEPT ON PAPER UNTIL THE FIRST APPLICANT COMES IN. SO YOU DON'T HAVE TO WORRY ABOUT ANYTHING POPPING UP BY RIGHT, BECAUSE EVERYONE WILL HAVE TO PETITION FOR THIS ZONING DISTRICT. I DON'T KNOW, I KIND OF I DON'T KNOW IF YOU'RE LOOKING FOR RECOMMENDATION. MY RECOMMENDATION WOULD BE IT BE THE CLOSEST PORTION OF VERTICAL AND IT BE 500 AND 250. OKAY. I WILL TAKE A, WELL LET ME FINISH THE PRESENTATION. I'M SORRY. OKAY. SO, YOU KNOW, THIS IS A PUBLIC HEARING AND I KNOW NO ONE IS HERE, BUT WE STILL HAVE TO GO THROUGH THE PROCESS OF OPENING AND CLOSING THE PUBLIC HEARING. I WOULD JUST ASK THAT IN YOUR MOTION, IF YOU CLARIFY EXACTLY THE CHANGES THAT YOU WOULD LIKE TO SEE, SO I CAN GET THAT TO THE CITY COUNCIL, WHETHER IT'S THE BUFFER DISTANCE AND WHETHER OR NOT THERE WILL BE ANY ALLOWABLE ENCROACHMENTS WITHIN THAT BUFFER. AND I THINK EVERYTHING ELSE, I THINK WE'RE, I THINK WE ARE COMFORTABLE WITH. OKAY. ALL RIGHT. THANKS, TONY. I'LL OPEN THE PUBLIC HEARING AT 6:37. AND IF WE NEED TO DISCUSS ANY MORE. IF SOMEBODY IS READY TO GIVE A MOTION. I'LL CLOSE THE PUBLIC HEARING AT 6:37 P.M. MAKE A MOTION THAT WE CHANGE THE VERBIAGE TO THE CLOSEST PORTION OF ANY VERTICAL STRUCTURE REQUIRING THE APPROVAL OF SPECIFIC USE PERMIT SHALL BE 500FT FROM THE NEAREST YADA, YADA, YADA, TO 250FT FROM THE NEAREST BOUNDARY OF ANY RETAIL OR COMMERCIAL. I'LL SECOND THAT. ALL RIGHT. WE HAVE A MOTION BY DAVID AND A SECOND BY CLINT. ALL IN FAVOR, PLEASE RAISE YOUR HAND FOR ME. OKAY. ALL AGAINST. PLEASE RAISE YOUR HAND. ALL RIGHT. SO THAT MOTION DOES PASS. IS THERE ANYTHING ELSE YOU NEED FROM US, TONY, ON THAT, AS FAR AS. NO, I'VE ASKED THE COUNCIL LAST NIGHT THAT THIS IS COMING TO YOU TONIGHT, AND WHAT I'LL DO IS I'LL GET THAT TO THEM ON THEIR APRIL 20TH MEETING. SO THEY'LL BE EXPECTING EXPECTING THIS ORDINANCE. MR. CHAIRMAN, I HAVE ONE OTHER THING. TONY AND I HAVE EXCHANGED SOME EMAIL CONVERSATIONS THIS WEEK. AND IN REGARDS TO DATA CENTERS AND THE THE INFRASTRUCTURE COSTS, I DON'T THINK WE CAN DO ANYTHING IN THE ORDINANCE, BUT I THINK IT'S. I'D LIKE TO ADMONISH STAFF TO BE SENSITIVE TO THE NEED THAT IF THEY'RE COMING IN AND WANTING X NUMBER OF GALLONS OF WATER, THEN THE PROPORTIONATE COST FOR PROVIDING THAT WATER AND BRINGING THAT WATER TO SITE AND USE OF THAT WATER BE REFLECTED ON THAT INDUSTRY RATHER THAN ON THE BACKS OF THE RESIDENTS OF BURLESON. GOTCHA. SO. I'D GO FURTHER WITH THAT AND SAY ANY ELECTRICITY COSTS ASSOCIATED WITH THAT IS NOT PASSED ON TO, YOU KNOW, TO THE CITIZENS EITHER. I MEAN, AND A LOT OF I MEAN, IT IS GOING TO WE ALREADY HAVE A I MEAN, IT'S NOT LIKE OUR WE HAVE AN ABUNDANCE OF WATER ALL THE TIME. SO IN OUR ELECTRIC GRID IS BEING PUSHED TO THE LIMIT OR IT'S GOING TO BE PUSHED TO THE LIMIT WITH MORE OF THESE CENTERS, YOU KNOW, POPPING UP, SO. YES, SIR. AND THAT IN THE PIECE OF THAT IS, IS BY THE FACT THAT IF YOU THINK ABOUT THE VAST MAJORITY OF THE ACREAGE THAT WOULD BE AVAILABLE FOR THIS KIND OF STUFF IS IN THE CO-OP AND THE UTILITY DISTRICTS AREA. THE COORDINATION WITH THOSE 2 ENTITIES ALONG WITH BURLESON NEEDS TO BE PRETTY TIGHT. [00:40:06] ALRIGHT, I SAW MY WATER BILL AT A RAISE HERE NOT TOO LONG AGO. ALL RIGHT. WE'LL MOVE ON TO ITEM, WE'LL MOVE ON TO ITEM 4.B PUBLIC HEARING. [4.B.Hold a public hearing and consider and take possible action on an ordinance amending Section 50, “Definitions,” of Article II of Appendix B, “Zoning,” of the Code of Ordinances by amending the definition of Home Occupation by adding a new definition of No-Impact Home Based Business in accordance with State law. (Staff Contact: Tony D. McIlwain, Development Services Director)] HOLD THE PUBLIC HEARING AND CONSIDER AND TAKE POSSIBLE ACTION ON AN ORDINANCE AMENDING SECTION 50. DEFINITIONS OF ARTICLE 2 OF APPENDIX B, ZONING OF THE CODE OF ORDINANCES BY AMENDING THE DEFINITION OF HOME OCCUPATION BY ADDING A NEW DEFINITION OF NO IMPACT HOME BASED BUSINESS IN ACCORDANCE WITH STATE LAW. STAFF. CONTACTS. TONY MCILWAIN. I HOPE YOU CAN INTERPRET THAT FOR US BECAUSE THAT WAS A. THAT WAS A LOT. SO THANK YOU, MR. CHAIR. COMMISSIONERS BACK LAST YEAR. ACTUALLY THE 89TH LEGISLATURE PASSED HOUSE BILL 2464, WHICH ACTUALLY LED TO CHANGES IN THE LOCAL GOVERNMENT CODE. CHAPTER 229 AND THIS IS A SECTION OF THE LOCAL GOVERNMENT CODE THAT ADDRESSES HOME OCCUPATIONS. WHILE THE CITY IS LATE WITH AMENDING THE ORDINANCE, WE TYPICALLY, WE ALWAYS NOT TYPICALLY FOLLOW STATE LAW AND THEN THE ORDINANCES SLOWLY COME TO LIFE AND WE DO THE TEXT AMENDMENT. THIS IS A SIMPLE TEXT AMENDMENT. THE LEGISLATURE PASSED A PROVISION WITH HOME BASED HOME OCCUPATIONS RELATING TO NO IMPACT HOME BASED BUSINESSES. SO THE CITY'S LEGAL ADVISOR [INAUDIBLE] WORKED WITH MR. RIBITZKI ON AN ORDINANCE THAT DOES 2 THINGS. IT DEFINES WHAT A NO IMPACT HOME BASED BUSINESS IS, AND THAT IS ADDED TO THE ZONING CODE AND IT ALSO TAKES THE TEXT OF THE ACTUAL MENTION OF HOME NO IMPACT HOME BASED BUSINESS. AND THAT'S ADDED TO THE HOME OCCUPATION SECTION. SO IT'S 2 VERY SIMPLE CHANGES. I'LL STEP YOU THROUGH. NUMBER 10 AT THE BOTTOM IS ADDED TO THE ZONING CODE SECTION, WHICH IS NOW 1 THROUGH 9 AS IT RELATES TO HOME OCCUPATIONS. IF YOU UPON THE PASSAGE OF THIS, WHAT YOU'LL SEE IS IT WILL GO FROM 1 TO 10 WITH THE REFERENCE TO HOME NO IMPACT HOME BASED BUSINESS, BUT WE DON'T HAVE THAT DEFINED. AND SO THE LEGISLATURE DEFINED IT FOR US AND THAT'S THIS TEXT RIGHT HERE. WE LITERALLY TAKE IT WORD FOR WORD FROM THE STATE LEGISLATURE LOCAL GOVERNMENT CODE CHAPTER 229 AND PUT IT INTO OUR CODE OF ORDINANCES MATCH WORD FOR WORD. AND THAT'S THE EXTENT OF THE CHANGES. WE'RE GOING TO BE DOING A LOT OF THESE BECAUSE WE'RE TRYING TO CATCH UP TO THE LEGISLATURE. BUT THIS IS A VERY SIMPLE TEXT AMENDMENT THAT WILL ESSENTIALLY CLARIFY THE LEGISLATURE'S MIND, AN AVENUE FOR INDIVIDUALS WITH MINIMAL IMPACT TO WORK FROM HOME WITHOUT A BUREAUCRATIC RED TAPE THAT THEY THINK GOVERNMENTS REQUIRE. IT WILL BE ON THE INCUMBENT ON CITY STAFF TO MAKE SURE IT'S TRULY A NO IMPACT HOME BASED BUSINESS, AS YOU MIGHT WELL IMAGINE. EVERYONE WILL WANT TO SAY THAT THEY HAVE A NO IMPACT HOME BASED BUSINESS. WE DON'T REQUIRE A CERTIFICATE OF OCCUPANCY. WE DON'T DO OCCUPANT LOADS, BUT THAT'S SOMETHING THAT THE CODE COMPLIANCE STAFF HAS BEEN VERY KEEN ON LOOKING AT. THEY ARE LASER DRILLED, LASER FOCUSED. RATHER THAN DRILLING DOWN ON THIS THIS NEW REQUIREMENT. SO WE'RE RECOMMENDING APPROVAL, WE HAVE NO CHOICE, BUT WE'RE BRINGING IT FORWARD FOR YOU TO OPEN A PUBLIC HEARING AND THEY WILL TAKE IT TO COUNCIL AND THEY CAN GO AND UPDATE IT TO MEET THE STATE LAW. SO I'M THINKING THAT SOME OF THE HOMEOWNERS ASSOCIATIONS MAY HAVE THIS BUILT INTO THEIR BYLAWS, AND SO WOULD THE THE STATE LAW SORT OF SUPERSEDE THAT SO THAT HOMEOWNERS ASSOCIATIONS COULDN'T UNDERNEATH THAT MAKE THE SAME RULE? I DON'T RECALL OFF THE TOP OF MY HEAD IF IT IF IT SUPERSEDED COVENANTS RESTRICTIONS THAT WOULD BE ON RECORDED IN THE DEED RECORDS. GENERALLY, THAT'S NOT THE CASE. I DON'T REMEMBER SPECIFICALLY WITH THIS BILL, IF THAT'S THE CASE OR NOT, BUT I DON'T RECALL THAT GENERALLY THAT DOESN'T HAPPEN. THEY JUST THEY JUST PREEMPT CITY'S ABILITY TO REGULATE IT. IF SOMEBODY IS IN AN ENTERED INTO AN HOA VOLUNTARILY AND EVERYTHING ELSE. WELL, THAT'S KIND OF. SO THEY COULD STILL KEEP THEIR BYLAWS THE WAY THEY ARE, BUT YOU COULD. I MEAN, AGAIN, I DON'T REMEMBER SPECIFICALLY ON THIS BILL. BUT GENERALLY, YOU KNOW, WHEN THE CITY'S PREEMPTED, THAT DOESN'T STOP HOAS FROM BEING ABLE TO ENFORCE THEIR COVENANTS AND RESTRICTIONS. WE'RE PULLING THAT UP NOW, MR. SANCHEZ. IS THERE IS A SPECIFIC REFERENCE TO HOA'S AND THIS LEGISLATIVE TEXT, AND WE'LL SEE IF THE INTERNET IS STRONG ENOUGH FOR US TO GET ON OUR CELL PHONES. [00:45:02] BUT WE CAN WE CAN ANSWER THAT QUESTION HERE DEFINITIVELY. AND WE'LL, WE'LL GET THAT ANSWER TO YOU. ANY OTHER QUESTIONS BEFORE YOU OPEN A PUBLIC HEARING? ALL RIGHT. I'LL OPEN THE PUBLIC HEARING AT 6:45. DO YOU HAVE A QUESTION? YOU CAN ASK. WELL. BUT. YES. IT'S OKAY. I'M SORRY, I APOLOGIZE. I HAVE IT PRINTED OUT ALREADY. I JUST FORGOT THAT I CAN ANSWER THAT QUESTION IF THE COMMISSION DESIRES. SO THIS SECTION DOES NOT PROHIBIT A PERSON FROM ENFORCING A RULE OR DEED RESTRICTION IMPOSED BY A HOMEOWNER'S ASSOCIATION OR BY ANY OTHER PRIVATE AGREEMENT. SO THE HOA STILL HAS THE RIGHT TO ENFORCE THEIR REGULATIONS. SORRY. JUST TRYING TO, THIS ORDINANCE IS TRYING TO IDENTIFY. SAY, FOR INSTANCE, I'M JUST JUST A HYPOTHETICAL EXAMPLE, SAY SOMEONE WANTS TO DO HAIR. HAIR STYLING OUT OF THE PART OF THEIR HOME SO THEY HAVE A SEPARATE ENTRANCE FOR THAT HAIR STYLING BUSINESS. ARE YOU SAYING THAT WOULDN'T QUALIFY UNDER THIS? IS THAT WOULD THAT HOME OR WOULD THAT TYPE BUSINESS NOT BE ALLOWED TO OPERATE? WELL, SO I THINK THERE'S SOME. HOW DOES THAT WORK? I THINK THE QUESTION IS WHETHER OR NOT WE FEEL THAT THE OPERATION MEETS THESE 4 PROVISIONS. IF WE THINK THAT YOU'RE HAVING A CUSTOMER ON SITE LEADS TO AN UPTICK IN TRAFFIC, PARTICULARLY IF YOU'RE GOING TO HAVE CUSTOMERS WAITING. WE COULD SAY THAT YOU'RE GOING TO LEAD TO AN INCREASE IN TRAFFIC. NOW, WHETHER OR NOT A SUBSTANTIAL INCREASE, WE WOULD HAVE TO BE ABLE TO MEASURE THAT BUT TECHNICALLY THIS IS WHAT THE THE LITMUS TEST FOR THE CITY IS WHETHER OR NOT WE CAN SAY SOMETHING IS SUBSTANTIAL WHEN IT COMES TO TRAFFIC. YEAH, IT'S A LITTLE IT'S A LITTLE TOUGH TO MEET BUT BASICALLY, THE LEGISLATURE HAS CREATED A SAFE HARBOR. IF YOU OPERATE A HOME BASED BUSINESS AND FIT WITHIN THOSE CONFINES, REGARDLESS OF WHAT WE HAVE AS AN ORDINANCE WE'RE NOT ABLE TO ISSUE A CITATION. RIGHT. AND SOME OF THIS STUFF IS, YOU KNOW, IT'S KIND OF LIKE OPINION. YEAH. THERE'S, WE ESSENTIALLY TAKEN WHAT THE STATE LAW SAYS AND PUT IT INTO OUR ORDINANCE. AND THE TERMS AREN'T DEFINED IN OUR ORDINANCE BECAUSE THEY'RE NOT DEFINED IN STATE LAW. AND SO YES, THERE'S A, I WOULD SAY SOME GRAY AREA AND INTERPRETATION TO BE DONE. I MEAN, WHAT DOES A SUBSTANTIAL INCREASE OF TRAFFIC? IS THAT 3 CARS A DAY OR IS THAT 300. YOU KNOW, THERE'S SOME AREAS IN IN TOWN THAT THE ON STREET PARKING LOOKS LIKE THERE'S A BUSINESS, BUT IT'S NOT. [LAUGHTER] SO COMMISSIONER IT HELPS. WE WERE TOLD NOT TO EVER SAY OPINION IN PLANNING SCHOOLS. YOUR PROFESSIONAL DETERMINATION. SO THAT'S WHAT WE'LL SAY INSTEAD OF A INSTEAD OF OPINION. BUT THIS IS A STRICTLY A LIFT LETTER FOR LETTER FROM WHAT THE STATE PASSED. WE STILL HAVE THE REQUIREMENT TO GO OUT AND INVESTIGATE IF THERE ARE COMPLAINTS AND TO MAKE SURE THAT WE CAN MAKE A DETERMINATION AS TO WHETHER OR NOT SOMEONE IS TRULY A NO IMPACT HOME BASED BUSINESS. WE'VE DISCUSSED THAT IN-HOUSE WITH THE PLAN TO ADDRESS THESE. PART OF IT IS YOU DON'T HAVE TO COME INTO THE CITY TO GET A CERTIFICATE OF OCCUPANCY, BECAUSE YOU DON'T HAVE TO DO THAT NOW. SO WE HAVE TO IDENTIFY WHERE THESE ARE, IDENTIFY TO SEE IF THEY'RE SELLING MERCHANDISE THAT'S LEADING TO CUSTOMERS COMING TO THE HOUSE. I WOULD SAY THAT'S NOT A NO IMPACT HOME BASED BUSINESS. THAT'S JUST MY, YOU KNOW, MY THINKING OF THE MATTER. BUT AS THE AS MR. RIBITZKI SAID, IT'S A SAFE HARBOR. I THINK THE INTENT WAS TO REDUCE THE RED TAPE FROM THE PROLIFERATION OF. THAT'S NOT A GOOD WORD TO REDUCE THE RED TAPE FOR THE EMERGING HOME WORKER. I THINK THAT'S HERE TO STAY. AND I THINK THEY WANT TO MAKE SURE THAT THEY STEP FORWARD IN A WAY THAT CITIES WOULDN'T BE ABLE TO JUST UNILATERALLY DISCRIMINATE AGAINST THEM. SO THIS IS NOT A CHOICE. WE'RE JUST CATCHING UP, RIGHT? [00:50:03] EXACTLY. YEAH. EVEN IF WE DIDN'T HAVE THIS PROVISION IN OUR ORDINANCE, WE STILL WOULDN'T BE ABLE TO ENFORCE THIS. THE STATE LAW IS GOING TO SUPERSEDE IT. IT REALLY JUST HELPS OUR STAFF, LET'S SAY 3, 4, 5 YEARS WHEN WE FORGET THAT THIS IS A LEGISLATIVE UPDATE. WE WANT IT TO BE CODIFIED CORRECTLY. SO YOU KNOW, WE'RE COMPLIANT WITH THE LAW. ALL RIGHT. DOES ANYBODY HAVE ANY MORE QUESTIONS? I'LL CLOSE THE PUBLIC HEARING AT 6:50. SO DO WE JUST NEED TO ARE WE DOING A VOTE ON THE JUST THE VERBIAGE? JUST THE DRAFT ORDINANCE? YES, SIR. OKAY. I'LL MAKE A MOTION THAT WE PASS THE SECTION 50 DEFINITIONS AND CODE OF ORDINANCE UPDATE AS STATED. I'LL SECOND. A MOTION BY BETH, A SECOND BY ASHLEY. ALL IN FAVOR, PLEASE RAISE YOUR HAND. LOOKS LIKE THAT PASSES UNANIMOUSLY. THANK YOU. THANKS, TONY. ALL RIGHT. THERE ARE NO GENERAL ITEMS. WE'LL MOVE ON TO ITEM 6.A. REPORTS AND PRESENTATIONS, RECEIVER REPORT. [6.A.Receive a report, hold a discussion, and provide direction on approved plat’s for the month of February 2026. (Staff Contact: Emilio Sanchez, Deputy Director)] HOLD A DISCUSSION AND PROVIDE DIRECTION ON APPROVED PLATS FOR THE MONTH OF FEBRUARY 2026. STAFF CONTACT IS EMILIO SANCHEZ, DEPUTY DIRECTOR. GOOD EVENING COMMISSIONERS. SINCE WE PASSED THE NEW ORDINANCE ALLOWING FOR THE DEVELOPMENT ASSISTANCE COMMITTEE TO BE THE APPROVING BODY OF THE OF ANY SUBMITTED PLATS, WE WANTED TO GIVE YOU GUYS AT LEAST A MONTHLY UPDATE ON THE PREVIOUS MONTH'S OF WHAT STAFF HAS APPROVED. SO IN THE MONTH OF FEBRUARY 2026, STAFF APPROVED 8 PLATS, 4 OF WHICH WERE FINAL PLATS, 1 PRELIMINARY PLAT, 2 MINOR PLATS, AND 1 REPLAT. SO JUST A VERY QUICK UPDATE. I DON'T KNOW IF YOU GUYS WANTED IN A DIFFERENT FORMAT. THIS IS A REPORT THAT'S PULLED DIRECTLY FROM OUR PERMITTING SOFTWARE WHERE WE KEEP IN HOUSE ALL OF OUR, OUR ELECTRONIC COPIES OF THE CASE FILES, SO IF YOU IF YOU GUYS ARE HAVING ANY DIFFICULTIES WITH READING THIS REPORT, I'D BE HAPPY TO PUT IN A DIFFERENT FORMAT. IF YOU THINK THAT MIGHT BE EASIER TO LOOK AT IN THE FUTURE. BUT JUST A QUICK UPDATE. ALL RIGHT. THANK YOU. ALL RIGHT. MOVING ON TO ITEM 6.B. RECEIVE A REPORT HOLD A DISCUSSION ON HOW TO BE AN ETHICAL PLANNING AND ZONING COMMISSIONER AKA HOW TO STAY OUT OF TROUBLE. [6.B.Receive a report, hold a discussion on “How to be an Ethical Planning and Zoning Commissioner (aka How to Stay out of Trouble)”. (Staff Contact: Emilio Sanchez, Deputy Director)] STAFF CONTACT IS EMILIO SANCHEZ, DEPUTY DIRECTOR. MY APOLOGIES FOR THE SMIRK ON MY FACE. I DID NOT COME UP WITH THE TITLE, NOR DID I COME UP WITH ANY OF THESE SLIDES. THIS IS PULLED DIRECTLY FROM THE AMERICAN PLANNING ASSOCIATION TEXAS CHAPTER UNDER COMMISSIONS, BOARDS AND COMMISSIONS AND HELPFUL ADVICE FOR COMMISSIONERS. SO ALL OF THIS INFORMATION IS AVAILABLE TO YOU. I'M GOING TO GO OVER THIS VERY QUICKLY. I HOPE YOU GUYS READ THROUGH IT. LIKE I SAID, I DID NOT PUT THIS TOGETHER. THIS WAS ACTUALLY PUT TOGETHER IN 2018 BY MICHELLE D'ANDREA, WHO IS THE ASSISTANT CITY ATTORNEY IN THE CITY OF PLANO. SHE IS STILL THE ASSISTANT CITY ATTORNEY THERE IN PLANO. SO SOME OF THIS INFORMATION MAY BE A LITTLE OUTDATED AS YOU GO THROUGH THE ORDINANCE AND SEE SOME OF THE LAWS HAVE CHANGED. BUT BASICALLY, SHE PRESENTED THIS AT AN APA CONFERENCE AND WE WANTED TO GIVE YOU GUYS SOME CONTINUING EDUCATION ON DIFFERENT A VARIETY OF TOPICS. AND THIS JUST HAPPENED TO BE THE FIRST ONE THAT POPPED UP. SO BASICALLY IN HER HER FIRST SLIDE HERE, SHE'S TALKING ABOUT MORAL VALUES VERSUS ETHICS. YOU KNOW, WHAT IS A MORAL DECISION? WHAT'S AN ETHICAL DECISION AND WHAT IS AN ETHICAL CODE AND BASICALLY THE MORAL DECISION IS JUST A JUDGMENT OF GOOD OR GOODNESS OR BADNESS OF HUMAN ACTION OR CHARACTER. IT'S A VALUE JUDGMENT. AS AN ETHICAL DECISION IS PRINCIPLES OR CONDUCT BASED ON A SYSTEM OF RULES OR STANDARD GOVERNING STANDARDS, GOVERNING MEMBERS OF A PROFESSION OR A GROUP. AND THEN THE CODE OF ETHICS WOULD BE A FORMAL SYSTEM OF RULES EXPLICITLY ADOPTED BY THE GROUP. AGAIN, SHE GIVES YOU THE DEFINITION OF ETHICS AND THEN KIND OF GIVES YOU A LITTLE BIT OF A LAYOUT TO SAY THAT, YOU KNOW, THIS IS A MORAL COMPASS FOR ETHICS. IT'S WHAT YOU DO WHEN NO ONE'S WATCHING. ETHICAL BEHAVIOR IS NOT ALWAYS EASY TO ACHIEVE, BUT A STATEMENT OF ETHICAL PRINCIPLES IS A GOOD [00:55:07] PLACE TO START. SO ETHICS ORDINANCES IN GENERAL SPEAK ABOUT PROHIBITED CONDUCT, SUCH AS SOLICITATION OR ACCEPTANCE OF GIFTS, MISUSE OF POSITION, CONFLICT OF INTEREST, GENERALLY, FINANCIAL EX PARTE COMMUNICATION, SERIAL MEETINGS, WHICH ARE AGAIN A DIFFERENT WAY OF SAYING ROLLING MEETINGS OR ROLLING QUORUM OPEN MEETINGS VIOLATIONS, THE LACK OF POSTING FOR A MEETING, OR IF THE MAJORITY OF A PARTICULAR COMMISSION HAPPENS TO BE AT DINNER AT THE SAME TIME, AT THE SAME PLACE AND STARTS DISCUSSING ITEMS. SO THERE ARE WAYS TO DISCLOSE OF POSSIBLE CONFLICTS OF INTEREST, THOSE ARE NORMALLY IN FORMS OR PROCEDURES PROVIDED BY THE CITY. THEY CAN BE VERY THEY DO NOT HAVE TO BE VERY DETAILED. I DON'T KNOW IF WE HAVE ANY FORMAL FORMS. MATT DO YOU KNOW? I CAN'T REMEMBER IF THE CITY SECRETARY'S OFFICE HAS SOMETHING OR NOT. I KIND OF THINK THAT THEY DO. YEAH. MOST OF THE TIME, IF YOU KNOW THAT YOU IF YOU FEEL LIKE YOU MAY HAVE A CONFLICT, PLEASE ON THE SIDE OF JUDGMENT AND OR SIDE OF CAUTION AND JUST GO AHEAD AND RECUSE YOURSELF FROM THAT PARTICULAR ITEM. AND THEN THE ETHICAL PRINCIPLES AND PLANNING. THESE ARE THE AMERICAN PRINCIPLES. EXCUSE ME. THE AMERICAN PLANNING ASSOCIATION HAS GUIDELINES. THERE IS AN ETHICAL PRINCIPLES IN PLANNING. THERE IS A WHOLE CHAPTER THAT WE HAVE TO STUDY FOR THAT FOR OUR EXAM. THE PLANNING PROCESS MUST CONTINUOUSLY PURSUE THE FAITHFUL AND FAITHFULLY SERVE THE PUBLIC INTEREST. IT'S A RECURRING THEME THROUGH HER PRESENTATION THAT THE PROCESS IS FOR THE PUBLIC INTEREST. SO WHAT DO WE MEAN WHEN WE SAY THE PLANNING PROCESS MUST CONTINUOUSLY PURSUE THE FAITHFUL AND FAITHFULLY SERVE THE PUBLIC INTEREST. SO WE NEED TO RECOGNIZE THAT IT'S THE RIGHT OF THE CITIZENS TO PARTICIPATE IN THE PLANNING DECISIONS TO GIVE CITIZENS FULL, CLEAR AND ACCURATE INFORMATION. EXPAND CHOICE AND OPPORTUNITY FOR ALL PERSONS. ASSIST IN THE CLARIFICATION OF COMMUNITY GOALS. ENSURE THAT INFORMATION AVAILABLE TO THE DECISION MAKERS IS ALSO AVAILABLE TO THE PUBLIC AND TO SPELL. TO PAY SPECIAL ATTENTION TO THE INNER INTERRELATEDNESS OF DECISIONS AND THE LONG RANGE CONSEQUENCES OF PRESENT ACTIONS. AND AGAIN, CONTINUING WITH THAT THEME, PLEASE REMEMBER THAT THE PLANNING PROCESS EXISTS TO SERVE THE PUBLIC INTEREST REQUIRES CONSCIOUSLY HELD VIEW OF THE POLICIES REQUIRES ACTIONS THAT BEST SERVE THE COMMUNITY. AND PLANNING ISSUES AND DECISIONS COMMONLY INVOLVE LARGE INTERESTS OR INTERESTS AT STAKE. POTENTIAL CONFLICTS OF VALUES, AS YOU. YOU GUYS ARE WELL AWARE. WHEN WE HAVE THOSE CONTROVERSIAL CASES COME UP, YOU GET TO HEAR BOTH SIDES AND HAVE TO MAKE THOSE TOUGH DECISIONS. SO THANK YOU FOR YOUR CONTINUED SERVICE. I'M GLAD THAT I'M NOT ON THAT SIDE OF THE PODIUM BECAUSE THAT IS A DIFFICULT PLACE TO BE AND THEN INTERPRETATIONS OF PLANS AND ORDINANCES AND CODES AND THE USE OF THE COMPREHENSIVE PLAN. IN THIS SLIDE, I THINK WHAT SHE WAS TRYING TO PRESENT IS, IS BASICALLY, YOU KNOW, THERE'S THE PERCEPTION OF WHAT THE PUBLIC HAS WHEN A CASE COMES FORWARD THAT THE APPLICANT HAS MET WITH THE CITY SEVERAL TIMES, MODIFIED AND CONVENED WITH STAFF. FOR THE PROPOSAL WITHOUT MEANINGFUL COMMENT BUT THEN THERE IS THE INTERNAL PROCESS OF. WHEN THEY ACTUALLY FORMALLY SUBMIT THEIR THEIR APPLICATIONS AND THE STAFF COMMENTS GET BACK TO THEM SO THAT, YOU KNOW, THERE'S A LITTLE BIT OF BACK AND FORTH. AND THEN WHAT THE PUBLIC ACTUALLY SEES THE NOTICE OF THE APPLICATION, THE NEIGHBORHOOD MEETING POSTINGS, AND THEN THE PUBLIC HEARING ITSELF. SO WHAT IS YOUR ROLE AS A PLANNING COMMISSIONER? THE PLANNING COMMISSION MAY BE DEFINED AS A GROUP OF CITIZENS APPOINTED BY THE LEGISLATIVE BODY THAT PERFORMS BOTH REQUIRED AND DISCRETIONARY FUNCTIONS AND LAND USE MATTERS. THIS CAN INCLUDE DEVELOPMENT AND UPDATE OF THE COMPREHENSIVE PLAN. [01:00:04] IMPLEMENT LAND USE PATTERNS. MONITOR CURRENT ZONING ORDINANCES AS YOU JUST DID THIS EVENING ON ZONING CHANGES, RECOMMEND APPROVAL OR APPROVAL OF SUBDIVISIONS. AGAIN, THAT'S ONE OF THOSE CHANGES THAT HAS CHANGED SINCE 2018. THAT. NOW THE STAFF DEVELOPMENT ASSISTANCE COMMITTEE IS WHAT WE CALL IT. BUT IN OTHER CITIES, IT'S THE DEVELOPMENT ADVISORY COMMITTEE IS ABLE TO APPROVE THOSE PLATS FOR THE SUBDIVISIONS. MAKE RECOMMENDATIONS FOR ANNEXATION AND INTERFERENCE WITH PUBLIC INTERFACE WITH THE PUBLIC ON COMMUNITY. VISIONS THROUGH PUBLIC MEETINGS, FOCUS GROUPS, AND NEIGHBORHOOD ORGANIZATIONS. NOW, WHEN IN THIS SLIDE, I THINK WHAT SHE'S TRYING TO GIVE YOU IS JUST A LITTLE BIT OF, OF INTERNAL QUESTIONS THAT YOU CAN ASK, THAT YOU CAN ACTUALLY VERBALIZE DURING THE MEETING FOR ZONING CHANGE REQUEST SUBDIVISIONS AND WHAT SHOULD, WHAT YOU SHOULD NOT BE PAYING ATTENTION TO WHEN YOU'RE MAKING YOUR DECISIONS. THIS GOES INTO THE OPEN MEETINGS ACT. AND BASICALLY, SHE'S WANTING TO LET YOU KNOW THAT THERE ARE NO FORMAL, NO INFORMAL MEETINGS. WHEN YOU GUYS GET TOGETHER AS A QUORUM, IT IS A FORMAL MEETING THAT SHOULD HAVE BEEN POSTED NOTICED CORRECTLY, ALL OF THOSE GOOD THINGS. AND THESE ARE THE THINGS THAT THE CITY SHOULD DO. AS AS I STATED EARLIER, WE PLACE PUBLIC NOTICES ON THE PROPERTY IN THE, IN THE NEWSPAPER AND SEND PROPERTY OWNERS THOSE NOTIFICATIONS AS WELL. WE ALSO POST ON OUR WEBSITE AND HAVE CASE MATERIALS AVAILABLE AS A FULL PACKET ON OUR WEBSITE AS WELL. NOW THIS GETS A LITTLE BIT MORE INTO THE EX PARTE COMMUNICATION, WHAT THAT IS, AND HOW TO KIND OF DISCERN WHETHER YOU'RE PARTICIPATING IN THAT. SO THE NEXT PART DISCUSSION IS A DISCUSSION WHERE ONLY ONE SIDE IS PRESENTED. IT CAN BE AN ORAL, IT CAN BE IN WRITING, OR IT CAN BE JUST A CONVERSATION, CAN BE IN EMAILS. AND THEN WHY WE ARE CONCERNED WITH EX PARTE COMMUNICATIONS IS MORE OF A PERCEPTION. IT MAY BE THE DECISION MAKER MAY NOT BE IN, EXCUSE ME, INACCURATELY INFORMED. THE PERCEPTION THAT THE COMMISSION MAY BE SUSCEPTIBLE TO IMPROPER INFLUENCE, AN IMPROPER EX PARTE COMMUNICATION CAN INVALIDATE THE ACTIONS OF THE COMMISSION. AND NOTE THAT THIS MIGHT HAPPEN IF YOU TALK TO AN APPLICANT OR THE OPPOSITION. SO IT DOESN'T HAVE TO BE JUST ONE SIDE, IT CAN BE ONE SIDE OR THE OTHER IF YOU HAVE THOSE CONVERSATIONS. CAN I QUESTION? YES, SIR. PLEASE. SO CAN YOU GO BACK TO. SO ARE WE SAYING HERE THAT, FOR INSTANCE, SOMETHING'S COMING UP BEFORE THE COMMISSION? WE GET A CALL FROM THE APPLICANT. AND THEY WANT TO TALK TO US MAYBE INDIVIDUALLY OR AS A, YOU KNOW, A GROUP. IS THAT SOMETHING THAT YOU SUGGEST? NOT I WOULD ADVISE, I WOULD ADVISE, I HAVE ADVISED IN THE PAST AGAINST IT, BUT IT IS UP TO THE BOARD TO MAKE THOSE RULES. I THINK THE CHAPTER 62 OF OUR LOCAL CODE OF ORDINANCES DEFINES THIS BOARD AND THIS COMMISSION. BUT I DON'T KNOW IF WE'VE GONE INTO THE DEPTHS OF, YOU KNOW, HAVING THOSE ETHICAL CODE OF CONDUCT WRITTEN INTO THAT ORDINANCE ALONG WITH YOUR RULES AND REGULATIONS OF HOW THE BOARD MEMBERS OR COMMISSIONERS WOULD NEED TO PERCEIVE THAT. SO I WOULD ADVISE AGAINST IT. I'M NOT SURE IF MATT WANTS TO CHIME IN. I MEAN, I CAN'T SAY THAT. I CAN'T SAY THAT IT'S ALWAYS A BAD THING OR IT WOULD ALWAYS BE A BAD THING. BUT GENERALLY SPEAKING. WHAT WE'RE DOING HERE IS WE'RE CREATING A RECORD, RIGHT? AND WE WANT TO MAKE SURE WHATEVER DECISION YOU MAKE WHILE SITTING IN THAT CHAIR IS BASED OFF THE RECORD THAT'S CREATED HERE IN THIS ROOM, RIGHT? AND SO WHEN YOU GO OFF AND YOU DO YOUR OWN INVESTIGATION AND YOU FIND OUT DIFFERENT INFORMATION AND SOURCES THAT MAKE CORRECT OR MAY NOT BE CORRECT, THAT COULD POSE A PROBLEM. THE SECOND THING TOO IS WHEN YOU SAID MEET WITH YOU ALL AS A GROUP. AGAIN, REMEMBER THE OPEN MEETINGS ACT APPLIES TO YOU AND THINGS LIKE THAT. SO I MEAN, YOU KNOW, I THINK IN AN IDEAL SITUATION, IT LOOKS, IN MY OPINION, IT LOOKS BEST WHEN YOU HAVE WHEN YOU'RE IMPARTIAL, YOU CONSIDER THE FACTS AS ARE PRESENTED IN PUBLIC IN FRONT OF EVERYBODY AND THEN MAKE A [01:05:02] DETERMINATION. I KNOW THAT I WOULD THINK THAT, YOU KNOW, A LOT OF PEOPLE HERE HAVE GOTTEN CALLS FROM MAYBE AN APPLICANT JUST SAYING, HEY, YOU KNOW, SUCH AND SUCH IS COMING UP. AND I REALLY THINK THAT, YOU KNOW, WHATEVER. I MEAN, I, I KNOW THAT I MEAN THIS AS WELL. MAYBE THAT WOULDN'T BE MAYBE I SHOULDN'T BE TALKING TO SOMEBODY LIKE THAT AGAIN. I THINK TALKING TO THEM IN GENERAL, LIKE IN THAT SITUATION, I THINK IF IT WAS IF IT WAS ME, I WOULD RETURN THE CALL LIKE, HEY, I REALLY APPRECIATE THE CALL. IT'S GOOD TO TALK TO YOU. I LOOK FORWARD TO HEARING YOUR APPLICATION. AND, YOU KNOW, WE'LL, WE'LL HEAR IT ON SUCH AND SUCH. YEAH, I WOULD NOT EVER, YOU KNOW, IF SOMEBODY WAS TRYING TO CONVINCE ME TO DO SOMETHING, I WOULD NOT EVER SAY I WAS GOING TO DO SUCH AND SUCH. I WOULD NEVER GIVE MY OPINION TO THAT PERSON. I, YOU KNOW, WOULD HOLD IT FOR THE MEETING. BUT I KNOW THAT IN BIGGER CITIES AND I MEAN, THAT HAPPENS ALL THE TIME. SURE, SURE. IT'D ALSO BE VERY CAREFUL OF ACCEPTING ANY GIFTS OR ANYTHING THAT COMES BEFORE. THAT SOUNDS LIKE IT'S REALLY EASY. OF COURSE, I'D NEVER ACCEPT A GIFT. I MEAN, IT'S BUT, YOU KNOW, SOMETIMES THOSE CAN SNEAK IN. IT'S NOT ALWAYS LIKE A BURLAP SACK WITH A DOLLAR SIGN DRAWN ON IT. FULL OF MONEY. RIGHT? THAT'S OBVIOUS. BUT SOMETIMES YOU CAN HAVE SOMEBODY THAT'S A FRIEND HERE IN TOWN THAT YOU'VE KNOWN FOR YEARS, AND YOU GO TO LUNCH FROM TIME TO TIME, AND THEY'VE GOT A PENDING APPLICATION AND YOU HAVEN'T REALLY THOUGHT ABOUT IT. AND ALL OF A SUDDEN THEY'RE BUYING YOU A, YOU KNOW, A NICE DINNER, A NICE LUNCH OR SOMETHING. JUST BE MINDFUL OF THOSE THINGS. AND I THINK THAT'S WHAT SHE'S BASICALLY POINTING OUT ON THIS SLIDE HERE JUST POTENTIAL TROUBLE. 1 OF THE BIGGEST BEING THE WHAT SHE'S CALLING A SERIAL MEETING, WHICH IS A ROLLING QUORUM, WHICH LIKE I SAID, CAN BE IF YOU RESPOND ALL IN AN EMAIL, IF YOU'LL NOTICE WHEN YOU RECEIVE EMAILS FROM STAFF, YOU'RE THE ONLY PERSON ON THAT EMAIL BESIDES STAFF MEMBERS, WE DO THAT ON PURPOSE SO THAT IF YOU DO HIT ALL. IT'S ONLY REPLYING TO TO CITY STAFF AND NOT THE REST OF THE FOLKS IN THE EMAIL CHAIN. SO. WE TRY TO TAKE STEPS ON OUR SIDE TO PREVENT IT AS WELL, BECAUSE THAT IS ONE OF THE. THE AREAS WHERE, YOU KNOW, WE DON'T WANT TO GET CAUGHT IN THE FACT THAT WE CREATED THE ROLLING QUORUM BY SENDING OUT THAT EMAIL WITH EVERYONE'S EMAIL ALL AT, YOU KNOW, ALL IN THE SAME TITLE. CAN I SAY ONE THING? YES, MA'AM. SO I RECENTLY IT WASN'T WITH PLANNING AND ZONING. IT WAS BEFORE A DIFFERENT BOARD. THERE WAS A GENTLEMAN THAT ASKED FOR MY HELP, AND I GOT THE SENSE THAT HE JUST WANTED ME TO BE HEARD. HE JUST WANTED TO BE LISTENED TO AS SOMEBODY THAT I KNEW, THE FAMILY. SO I LISTENED TO HIM. I TALKED TO STAFF, I TALKED TO HIM AND AFTER A COUPLE OF MEETINGS, I REALIZED THAT YES, PROBABLY AT SOME POINT I HAVE TO MIGHT HAVE TO RECUSE MYSELF IF I CONTINUED TO TALK TO HIM. AND SO WE JUST WE SAID, YOU KNOW, THIS IS ALL I CAN DO TO HELP. YOU REALLY NEED TO DO WHAT THE CITY IS ASKING YOU TO DO. HERE'S WHY. AND THEN, YOU KNOW, I BACKED AWAY, BUT I KNEW IT WAS IN THAT GROUND BUT I FELT, YOU KNOW, THAT I WANTED TO BE A HEARING, YOU KNOW, A LISTENING EAR, IF THAT'S REALLY WHAT HE NEEDED. AND I THINK THAT'S WHAT HE NEEDED. SO. AND ALSO, I JUST JUMPED RIGHT IN THERE. NO YOU DID. I APPRECIATE THAT, BETH. AND I WOULD SAY THE KEY DISTINCTION OF BETH'S POINT WAS THAT THE APPLICANT REACHED OUT AFTER THE HEARING AS WELL. THIS DID NOT OCCUR BEFORE THE HEARING. THIS WAS AFTER THE HEARING, AFTER THE APPEAL DEADLINE AND EVERYTHING ELSE. SO IN OUR NEXT SLIDES, SHE'S SPEAKING ABOUT CONFLICTS OF INTEREST AND HOW THE STATE LOCAL GOVERNMENT CODE DEFINES THOSE. AND THEN IF YOU FEEL LIKE YOU MAY HAVE A POTENTIAL CONFLICT OF INTEREST, HOW TO GO AHEAD AND DEAL WITH THOSE, AGAIN, FITS RIGHT IN WITH WITH WHAT COMMISSIONER LITNER HAD MENTIONED. THOSE CLOSE. GO AHEAD. I'M SORRY. EMILIO, CAN WE GO BACK ONE SLIDE? BECAUSE I WAS GOING TO CAMP OUT HERE FOR JUST JUST A HOT SECOND. IF YOU DON'T. IF YOU DON'T, IF YOU DON'T MIND. OKAY. SO CHAPTER 171 IS REALLY IMPORTANT FOR ALL OF Y'ALL. OKAY. IT'S BEEN A WHILE SINCE I'VE LOOKED AT THAT CHAPTER, BUT BASICALLY WHAT THAT MEANS IS IT'S KIND OF A SELF-DEALING PROHIBITION THAT AS COMMISSIONERS, YOU'RE BOUND TO JUST LIKE THE CITY COUNCIL MEMBERS ARE BOUND TO. OKAY. AND BASICALLY WHAT IT MEANS IS THAT YOU CAN'T RENDER A DECISION IF YOU HAVE A SUBSTANTIAL INTEREST IN THE MATTER BEFORE YOU AND THE SUBSTANTIAL INTEREST IS DEFINED AS YOU OR SOMEBODY WITHIN 1 DEGREE. SO THINK SPOUSE, PARENTS, CHILDREN. OH, DO YOU HAVE THAT? OKAY. ALL RIGHT, MAYBE I'M SKIPPING AHEAD HERE. NO, NO YOU'RE FINE. OKAY. ANYBODY WITHIN 1 DEGREE OF GETTING. I CAN'T REMEMBER. I THINK IT'S LIKE 10% OF YOUR INCOME. IF YOU OWN STOCK OF 10% OF THE COMPANY THAT'S VALUED AT $15,000. [01:10:09] IT SEEMS LIKE THERE'S 1 MORE THING, BUT BASICALLY, IF YOU HAVE A SUBSTANTIAL INTEREST IN, IN THE ENTITY THAT'S COMING BEFORE YOU OR ANYBODY WITHIN ONE DEGREE DOES, YOU NEED TO RECUSE YOURSELF. NOW THE BENEFIT THAT YOU ARRIVE THAT IT CAN'T JUST BE A GENERAL BENEFIT THAT EVERYBODY IN THE PUBLIC GETS, IT HAS TO BE SPECIFIC TO YOU. IF THEY WERE TO BE APPROVED IN ADDITION TO, TO GETTING A BENEFIT FROM THE COMPANY OR WHOEVER THE APPLICANT IS OBVIOUSLY IF IT'S YOUR OWN REAL PROPERTY TOO, LIKE IF YOU OWN THE LAND THAT'S COMING BEFORE, BUT IT'S EASY TO FORGET BECAUSE LET'S SAY IT'S EASY TO THINK I WORK FOR LOCKHEED MARTIN AND THEN LOCKHEED MARTIN SHOWS UP HERE. I SHOULD RECUSE MYSELF, RIGHT? THAT'S JUST KIND OF OBVIOUS. IT CAN GET HARDER WITH THE DIFFERENT COMPANIES AND WHEN YOU GO OUT 1 DEGREE. SO JUST WATCH THAT BECAUSE IT'S NOT JUST YOU, IT'S YOUR SPOUSE, KIDDOS, IN-LAWS. YOU KNOW, MOTHER AND FATHER IN LAW, SO JUST SOMETHING TO KEEP IN MIND. VERY IMPORTANTLY, IF YOU DO HAVE A CONFLICT YOU HAVE TO FILL OUT A FORM BEFORE WE TAKE ACTION BEFORE THE MEETING, NOT AFTER. BEFORE THAT'S VERY IMPORTANT. YOU HAVE TO DO IT BEFORE. AND THEN YOU CAN'T NOT ONLY CAN YOU NOT VOTE, YOU CAN'T PARTICIPATE. THAT MEANS YOU CAN'T DISCUSS, EVEN DISCUSS THE ITEM, RIGHT? SO IT'S NOT JUST YOU ABSTAINED DURING A VOTE. IT MEANS YOU CANNOT PARTICIPATE WHATSOEVER. THE REASON I'M KIND OF BEATING THE DRUM ON THIS IS, I BELIEVE, IF I RECALL CORRECTLY, IT'S A CRIMINAL PENALTY, LIKE A CLASS A MISDEMEANOR. AND I THINK THAT'S A YEAR, UP TO A YEAR IN JAIL. MICHAEL MAY CORRECT ME, BUT I THINK A CLASS A IS UP TO A YEAR IN JAIL AND NOBODY WANTS THAT. SO BE MINDFUL OF THAT. IF YOU EVER HAVE A QUESTION ABOUT THAT, CALL ME. LET'S, LET'S, YOU KNOW, EVEN IF IT'S DURING A MEETING, DON'T THINK, OH, I CAN'T STOP THE MEETING. I MEAN, GUYS, FOR YOU, ALL THAT'S WORTH STOPPING. YOU CAN SAY I NEED TO GO INTO EXECUTIVE SESSION AND ASK SOME QUESTIONS. WE CAN FIGURE THAT OUT REAL QUICK. OKAY. BUT BUT YOU KNOW, THAT'S ON EACH ONE OF YOU. AND SO, YOU KNOW, BE ON YOUR GUARD FOR THAT. WHEN WE GIVE YOU YOUR PACKET, WE HAVE THE APPLICATIONS IN THERE SO YOU CAN SEE THE NAME OF THE APPLICANT AND THE PROPERTY OWNER AND EVERYTHING ELSE. THAT'S PART OF IT. SO MAKE SURE YOU CHECK THOSE. OKAY. YEAH, I THINK THAT'S IT. IF THERE IS A FORM. ULTIMATELY WHAT HAPPENS IF YOU DO HAVE A FORM? WE HAVE THIS HAPPEN FROM TIME TO TIME. WE HAVE YOU FILL OUT A FORM. AND I BELIEVE THE CITY SECRETARY HAS A FORM. I'M ALMOST POSITIVE THAT YOU FILE IT WITH HER OFFICE. THAT'S LIKE A DISCLOSURE STATEMENT. AND THEN WHEN THE ITEM COMES UP, WE TYPICALLY HAVE YOU EITHER YOU DON'T TECHNICALLY HAVE TO LEAVE THE ENTIRE ROOM, BUT LOTS OF TIMES PEOPLE JUST LEAVE THE CHAMBERS. YOU KNOW, AT AT LEAST YOU'RE GOING TO COME DOWN FROM YOUR SEAT, SIT OUT THERE AND LIKE, DON'T TALK DURING PUBLIC COMMENTS OR SOMETHING. DOES THAT MAKE SENSE? WHO DO WE CONTACT IF THERE IS A POSSIBLE CONFLICT OF INTEREST? CONTACT ME OR REALLY ANY OF US. ANY STAFF. ANYONE. YOU THINK I MIGHT HAVE IT? WE'LL ALL JUMP ON TOP. ANY OF US CAN HANDLE THAT. AS SOON AS WE GET THAT NOTIFICATION IN THE EMAIL, WE'RE GOING TO MATT. HEY, MATT, HOW DO YOU WANT US TO HANDLE THIS? YEAH, BUT I MEAN, BE MINDFUL OF THAT BECAUSE WE WE CAN'T WATCH THAT. WE DON'T KNOW THAT INFORMATION. YOU ALL KNOW THAT INFORMATION, SO YOU'RE THE FIRST LINE OF DEFENSE ON THAT. OKAY. AGAIN, THIS IS JUST A LITTLE MORE INFORMATION OF WHAT MATT JUST MENTIONED. IF YOU LIVE IN THE NOTIFICATION AREA, IF YOU HAVE A CLOSE FAMILY MEMBER OR FINANCIAL INTEREST, IF YOU HAVE OVERSIGHT OF A CLIENT'S ACCOUNTS, OR IF YOU SIT ON ANOTHER BOARD CONNECTED TO THE CASE, SUCH AS MISS LEITNER MENTIONED, SHE WAS ON ANOTHER BOARD. IF THAT CASE HAPPENED TO COME HERE, SHE MAY NEED TO RECUSE HERSELF FROM BOTH PROCEEDINGS. EMILIO? YES, MA'AM. IT'S LITNER. LEITNER. MY APOLOGIES IF YOU DON'T MIND. MY APOLOGIES. AGAIN, THIS IS JUST MORE ABOUT THE CONFLICT OF INTERESTS AND DEFINITION OF A FINANCIAL CONFLICT OF INTEREST. AND THEN WE GO INTO THE CONSANGUINITY, KINSHIP CHART RELATIONSHIP BY BLOOD OR THE RELATIONSHIP BY MARRIAGE. YEAH, THAT'S ACTUALLY KIND OF FUN. OKAY. I SEE HOW THEY DID IT THERE. SO YOU WERE YOU WOULD BE THE OFFICER IN THE MIDDLE. AND THEN THE 1ST DEGREE IS THAT 1ST CLOSEST TO THE BULL'S EYE. AND THEN THOSE FOLKS THAT WOULD BE IN THOSE EITHER RELATIONSHIPS BY MARRIAGE OR BY BLOOD. NO, NO, IT'S THE 1ST DEGREE. IT'S GOING TO BE WITHIN THE 1ST DEGREE. [01:15:02] JUST THE CORRECT. SO AND THE REASON IS THE REASON THERE'S 2 DIFFERENT CIRCLES IS ONE IS FOR YOU. THAT THE 1 ON THE LEFT AND THE GREEN AND BLUE IS FOR YOU. THE 1 ON THE RIGHT THERE IS FOR YOUR SPOUSE BECAUSE EVEN THOUGH IT'S YOUR SPOUSE, YOU COULD STILL BE THE ONE WITHIN 1 DEGREE, RIGHT? I MEAN, I THINK THAT'S WHAT IT HAS. THERE IS LIKE STEP KIDS. YES, FATHER IN LAW, MOTHER IN LAW, YOU KNOW, STUFF LIKE THAT. AGAIN, THESE ARE JUST THE STEPS THAT MATT HAD MENTIONED EARLIER. IF YOU DO HAVE WHAT TO DO THINGS TO THINK ABOUT. AND THEN SHOULD YOU SEEK OR ACCEPT GIFTS OR FAVORS. AGAIN, THIS IS MORE OF A PERCEPTION THING ALONG WITH IF THE CITY HAS ANY DETERMINED POLICIES AGAINST ACCEPTING GIFTS. AND THEN WE GO INTO KIND OF UNDERSTANDING YOUR ROLE, KNOW YOUR RELATIONSHIPS, DO YOUR HOMEWORK, ASK QUESTIONS, LISTEN CAREFULLY, AND VOTE YOUR CONSCIENCE. AS MATT STATED, YOU GUYS KNOW YOUR RELATIONSHIPS AND SITUATIONS MORE THAN WE WOULD, BUT WE'RE HAPPY TO HELP. IF YOU GUYS HAVE A QUESTION, FEEL FREE TO JUST REACH OUT. NOT ONLY THAT, IN MEETINGS, I MEAN, LIKE DAVID MENTIONED, HE EMAILED, YOU KNOW, EARLIER, YOU KNOW, WE'RE THESE ARE WE DO THIS FOR A LIVING, SO IF YOU HAVE A QUESTION LIKE IN YOUR PACKET BEFORE, YOU ALWAYS FEEL FREE TO EMAIL US OR RING US UP IF YOU HAVE ANY QUESTIONS. THAT'S NOT UNUSUAL AT ALL AND YOU'RE NOT PUTTING US OUT AT ALL. WE'D RATHER KNOW THAT YOU HAVE A QUESTION AND ADDRESS IT EARLIER. WE WOULDN'T. WE DON'T WANT YOU TO SIT WITH THAT QUESTION. THAT'S PRETTY MUCH THE THE GIST OF OF HER PRESENTATION, THESE ARE JUST TRAINING RESOURCES. AND THEN HER LAST COMMENT IS TAKE THE HIGH ROAD THERE'S LESS TRAFFIC. AND THEN IF YOU HAVE ANY QUESTIONS. AGAIN, I CAN'T TAKE ANY CREDIT FOR ANY OF THE SLIDE PRESENTATION. MISS D'ANDREA PUT ALL THAT TOGETHER. LOOK EMILIO TAKING THE HIGH ROAD. SEE I WANT TO PUT MY NAME ON IT. [LAUGHTER] I COULD BARELY I COULD BARELY SAY. WHAT WAS IT? CONSANGUINITY. THERE WE GO, THERE WE GO. ALL RIGHT. THANK YOU EMILIO. ALL RIGHT. THERE ARE NO COMMUNITY INTEREST ITEMS, NO EXECUTIVE SESSION. I'LL ADJOURN THE MEETING AT 7:17 P.M. * This transcript was compiled from uncorrected Closed Captioning.