* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] OH, WOW, WOW. SO SIX OF US PASSED , ONE JOB. I NOW CALLED [ CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL WORK SESSION THURSDAY, JUNE 12, 2025 5:15 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM ] TO ORDER THE CITY COUNCIL WORK SESSION. THURSDAY, JUNE 12TH, 2025. COUNCIL CHAMBER, CITY HALL, BAYTOWN, TEXAS. AN ANNOUNCEMENT OF QUORUM AT 5:16 PM WE'RE GONNA OPEN THE FLOOR FOR CITIZEN COMMENT. DO WE HAVE ANYONE THAT'S NO SIR. NO ONE SIGNED UP TO SPEAK. UH, SINCE NO ONE HAS SIGNED UP TO SPEAK, I NOW CLOSE THIS PORTION OF THE, UM, CITIZENS' COMMENT PORTION OF THE AGENDA. WE'RE GONNA GO ON TO [a. Discuss revisions to the City Council Rules of Procedure.] TWO A DISCUSSIONS, DISCUSS REVISIONS TO THE CITY COUNCIL. RULES OF PROCEDURE, MS. KRISTEN HOLMES. THANK YOU, MAYOR. GOOD EVENING, MAYOR AND COUNCIL. THIS EVENING I WILL PRESENT TO YOU PROPOSED AMENDMENTS TO YOUR RULES OF PROCEDURE. THESE AMENDMENTS WERE DRAFTED BY THE LEGAL DEPARTMENT IN RESPONSE TO FEEDBACK THAT WE RECEIVED FROM CITY COUNCIL MEMBERS, FROM THE BOARDS AND COMMISSION'S AD HOC COMMITTEE, AND ALSO FOR, UH, FOR MEMBERS OF CITY STAFF. OVER THE PAST SEVERAL MONTHS, SEVERAL OF THESE AMENDMENTS ARE BEING SUGGESTED TO MAKE YOUR RULES OF PROCEDURE ALIGN MORE WITH STATE LAW. AND THEN IN SOME INSTANCES, THE REVISIONS ARE BEING SUGGESTED TO KIND OF MAKE THE RULES OF PROCEDURE ALIGN WITH PRACTICES THAT ARE ALREADY IN PLACE WITHIN THE CITY. SO THE GOAL FOR TONIGHT IS TO GET YOUR FEEDBACK ON THE PROPOSED AMENDMENTS, AND THEN WE WILL BRING A FINAL DRAFT OF THE RULES OF PROCEDURE BACK TO THE JUNE 22ND, I'M SORRY, 26TH COUNCIL MEETING FOR AN ACTION ITEM. SO AS WE GO THROUGH THE SLIDES ON TODAY, YOU WILL NOTICE THAT THERE WILL BE PORTIONS THAT WILL BE UNDERLINED IN RED. THOSE PORTIONS THAT ARE UNDERLINED IN RED ARE THE ADDITIONS THAT ARE BEING ADDED TO THE EXISTING LANGUAGE THAT IS ALREADY IN PLACE IN YOUR RULES OF PROCEDURE. AND THOSE THAT ARE, YOU HAVE A RED STRIKE THROUGH. THOSE ARE PROPOSED DELETIONS FROM THE RULES OF PROCEDURE THAT ALREADY EXIST. SO IT'S JUST LIKE YOUR REGULAR TRACK CHANGES. I'M SURE WE'RE ALL FAMILIAR WITH TRACK CHANGES. AND SO WE'LL GET STARTED AND JUST KIND OF GO THROUGH THE SLIDES HERE. SO WE'LL START WITH SECTION TWO, AND THAT'S YOUR GENERAL RULES. AND IN THAT SECTION WE HAVE A PROPOSED AMENDMENT TO SECTION 2.1, AND THAT IS THE MEETINGS TO BE PUBLIC. AND SO WITH REGARD TO, UM, THAT CHANGE, WE ARE, UH, DELETING THE LANGUAGE FOR OFFICIAL, AND THEN WE ARE ADDING THAT LANGUAGE FOR WHERE A QUORUM OF ITS MEMBERS ARE PRESENT. AND BASICALLY THAT CHANGES TO ALIGN WITH STATE LAW. THE OPEN MEETINGS ACT. AND SO THE OPEN MEETING ACT DEFINES A MEETING AS A GATHERING THAT IS CONDUCTED BY THE GOVERNMENT BODY FOR WHICH THE GOVERNMENT BODY IS RESPONSIBLE AT WHICH A QUORUM OF ITS MEMBERS OF GOVERNMENTAL BODY ARE PRESENT. THAT'S BEEN CALLED BY THE GOVERNMENTAL BODY, AND AT WHICH TIME THE MEMBERS RECEIVE INFORMATION, GIVE INFORMATION, ET CETERA. AND SO THIS CHANGE WILL JUST ALIGN WITH STATE LAW, UM, DEFINITION OF WHAT A MEETING IS UNDER THE OPEN MEETINGS ACT. AND THEN WE'LL MOVE ON TO SECTION 2.4. THAT'S THE NEXT AMENDMENT, AND THAT IS FOR MISCONDUCT. AND SO YOU'LL SEE THAT THIS IS A PROPOSED STRIKE THROUGH TO DELETE THIS LANGUAGE FROM THE RULES OF PROCEDURE. AND SO, AS YOU ALL KNOW, OVER THE PAST COUPLE OF MONTHS, WE'VE BEEN WORKING, UH, WITH CAROL AND, UM, AND WITH YOU ALL TO AMEND THE CODE OF ETHICS. AND SO THIS LANGUAGE IS KIND OF UNNECESSARY BASED ON THE CHANGES THAT HAVE BEEN MADE TO THE CODE OF ETHICS AND ALSO WITH THE LANGUAGE THAT IS ALSO AVAILABLE TO COUNSEL IN THE CHARTER. AND SO THOSE TWO AREAS ARE WHERE COUNSEL CAN LOOK FOR LEGAL GUIDANCE ON HOW TO, UM, HANDLE ISSUES OF MISCONDUCT. IT WAS JUST KIND OF REPETITIVE AND NOT NECESSARY FOR THAT LANGUAGE TO BE INCLUDED IN THE RULES OF PROCEDURE WHEN IT'S ALREADY IN YOUR CHARTER AND ALREADY IN THE CODE OF ETHICS. AND THEN, UH, 2.5, AND THIS IS TALKING ABOUT THE MEETING MINUTES OF OUR MEETINGS. AND SO THE FIRST PORTION YOU'LL SEE HERE IS IN ADDITION FOR WHERE WE CAN, UH, HAVE THE MEETING MINUTES IN A BOOK AND ALSO ELECTRONICALLY STORED. AND SO THAT'S JUST TO KIND OF BRING US FORWARD INTO THE 20TH CENTURY WHERE MOST THINGS NOW ARE BEING ELECTRONICALLY STORED AND NOT NECESSARILY KEPT IN A BOOK. AND SO, UM, THE CLERK HAS ALREADY HAS THIS PROCESS IN PLACE. AND THIS ALSO JUST ALIGNS WITH STATE LAW AND RETENTION POLICIES, WHERE THINGS ARE MOVING MORE TOWARDS BEING ELECTRONICALLY AND DIGITALLY STORED. AND SO WE THOUGHT THAT THAT LANGUAGE WOULD BE REFLECTIVE OF WHAT'S CURRENT. AND THEN WHEN YOU MOVE ON TO THE NEXT EDITION, THERE WE ARE TALKING ABOUT, UH, THE AGENDA, A CERTIFIED AGENDA BEING PREPARED FOR ALL CLOSED MEETINGS. AND THAT IS ALSO CONSISTENT WITH THE OPEN MEETINGS ACT, AND THAT IS SOMETHING THAT WE'RE ALREADY DOING IN THE CITY WHEN WE HAVE AN EXECUTIVE SESSION. THERE'S ALREADY A CERTIFIED AGENDA BEING PREPARED. THIS IS JUST TO [00:05:01] MAKE YOUR RULES OF, OF PROCEDURE REFLECT WHAT'S HAPPENING IN STATE LAW AND ALSO TO REFLECT THE PRACTICES ALREADY IN PLACE IN THE CITY. OKAY. AND SO THEN WE'LL MOVE ON TO SECTION FOUR. SECTION FOUR ARE OUR TYPES OF MEETINGS. AND WE GO TO SECTION 4.1. AND 4.1 TALKS ABOUT BASICALLY WHEN THE MEETINGS WILL BE HELD FOR, UH, THE CITY COUNCIL. AND ALL WE DID HERE IN THIS SECTION IS JUST MAKE THIS SECTION REFLECT WHAT ACTUALLY HAPPENS IN PRACTICE HERE IN THE CITY. AND SO, UM, BASICALLY WE'RE JUST CALLING FOR ONE MEETING IN NOVEMBER, AND THAT MEETING WILL BE, UH, ON THE DATE OF, UH, CANVAS OF THE NOVEMBER ELECTION AS APPLICABLE. AND SO, UM, THAT'S BASICALLY WHAT HAPPENS IN, UH, THE MONTH OF NOVEMBER. AND SO NOW WE WON'T HAVE TO CALL TO SUSPEND RULES TO COUNSEL THE MEETINGS OR ANYTHING LIKE THAT. WE'LL HAVE IT PROPERLY DOCUMENTED HERE IN OUR RULES OF PROCEDURE. AND THEN, UH, SECTION 4.2 TALKS ABOUT YOUR WORK SESSION. AND SO THIS, UM, PROPOSED AMENDMENT FOR THE FIRST ONE, THIS FIRST STRIKETHROUGH THE SENTENCE WHERE SUCH MEETINGS SHALL BE HELD IN THE DAWN HOLM CONFERENCE ROOM UNLESS OTHERWISE ESTABLISHED BY THE COUNCIL. AND SO, AS WE KNOW IN PRACTICE, OUR WORK SESSIONS HAVE BEEN BEING HELD IN VARIOUS LOCATIONS THROUGHOUT THE CITY. MOST OF THEM HAVE BEEN HERE IN THE COUNCIL CHAMBERS. SOMETIMES THEY'RE ACROSS THE WAY IN THE INNOVATION ROOM. AND SO WE DIDN'T WANNA LIMIT HERE IN OUR RULES OF PROCEDURE TO WHERE A WORKS SESSION CAN BE HELD. BUT IF YOU WOULD LOOK HERE WHERE IT SAYS, UH, THE ADDITION AND THE CITY CLERK SHALL PROVIDE PUBLIC NOTICE OF THE WORK SESSION IN ACCORDANCE WITH THE LOCAL GOVERNMENT CODE CHAPTER 5 51. AND SO THAT IS THE OPEN MEETINGS ACT. SO THAT'S WHERE THE CLERK WILL BE REQUIRED TO PROVIDE THE TIME, PLACE, AND LOCATION FOR THE WORK SESSION. SO WHETHER THAN LIMITING US TO ONE PLACE THAT NOTICE WILL BE PROVIDED, THAT WILL GIVE CITIZENS TIME, PLACE, AND LOCATION OF WORK SESSION. OKAY. AND THEN, UH, WE MOVE ON TO THE LAST SENTENCE IN THIS SECTION THAT, WELL, THE NEXT PART IS GOING TO BE A DELETION. AND, UM, THIS IS JUST TO ALIGN ALSO WITH STATE LAW HEARING THIS PORTION. AND SO AS WE DISCUSSED PREVIOUSLY WHEN THIS, UH, CAME UP BEFORE A WORK SESSION IS NOT ANYWHERE DOCUMENTED IN THE, UH, WELL, IT'S IN ONE LIMITED PLACE, BUT IT DOESN'T DEFINE IT AS WE USE IT IN THE, UH, OPEN MEETINGS ACT. AND SO A WORK SESSION FALSE UNDER THE DEFINITION OF A MEETING IN THE OPEN MEETINGS ACT, WHEN YOU LOOK AT CHAPTER 5 51. AND SO ALONG THAT VEIN, AN OPEN, I MEAN, EXCUSE ME, A WORK SESSION WOULD BE OPEN TO THE PUBLIC. AND AS YOU KNOW, WE CANNOT PROHIBIT PUBLIC'S RIGHT TO SPEAK IN AN OPEN MEETING OR A PUBLIC MEETING. AND SO THE DELETION OF THIS SENTENCE IS JUST TO ALIGN WITH THE OPEN MEETINGS ACT. AND ALSO THIS IS SOMETHING THAT'S ALREADY IN PRACTICE. 'CAUSE AS YOU SAW, MAYOR JUST CALLED FOR, UH, PUBLIC COMMENT AND FOR THE WORK SESSIONS. SO WE'RE ALREADY DOING THAT WITHIN THE CITY. AND THEN NOTICE OF MEETINGS. SO, UM, THIS REVISION IS JUST SAYING THAT FOR THE CITY COUNCIL MEETINGS IN WHICH A QUORUM IS REQUIRED, AND AGAIN, THAT'S KEEPING WITH SECTION, UH, WITH CHAPTER 5 51 OF THE OPEN MEETINGS ACT, THE NOTICE SHALL BE POSTED BY THE CITY CLERK ON THE CITY'S OFFICIAL BULLETIN BOARD AND ON THE CITY'S WEBSITE. AND NOTICE OF ALL CITY COUNCIL MEMBERS SHALL BE GIVEN BY THE CITY, CITY COUNCIL MEETINGS, EXCUSE ME, SHALL BE GIVEN BY THE CITY CLERK PURSUANT TO THE REQUIREMENTS OF THE OPEN MEETINGS ACT. AND SO AGAIN, IT'S JUST, UM, REQUIRING THAT, THAT DEFINITION MEETING UNDER THE OPEN MEETINGS ACT WHERE A QUORUM IS PRESENT. WE'RE JUST REFLECTING THAT HERE IN YOUR RULES OF PROCEDURE. AND, UM, THE CLERK WILL GIVE NOTICE TO THOSE MEETINGS AS IS REQUIRED UNDER CHAPTER 5 51. AND THEN SECTION FIVE OF YOUR RULES IS THE PRESIDING OFFICER AND DUTIES. AND THIS ONE IS JUST KIND OF A HOUSEKEEPING AMENDMENT HERE. IT SAYS THE CALL FOR RECESS. SO A PRESIDING OFFICER MAY CALL FOR RECESS PREVIOUSLY, YOUR RULE SET FOR OF UP TO 15 MINUTES AT A REGULAR, AT REGULAR INTERVALS OF APPROXIMATELY ONE HOUR AND AT APPROPRIATE POINTS IN THE MEETING AGENDA. AND SO WE'RE JUST DELETING THAT LANGUAGE. THAT'S NOT ANYWHERE STATUTORILY REQUIRED AND HOW THINGS HAVE BEEN GOING IN, IN PRACTICE. UH, YOU KNOW, RECESS CAN BE CALLED AT ANY TIME. AND SO THAT CONSTRAINT WAS NOT NECESSARY AS IS NOT REQUIRED BY STATE LAW. AND THEN HERE WE MOVE ON TO SECTION 5.9. NOW, COUNSEL, THIS IS AN ADDITION TO YOUR RULES OF PROCEDURE. SO SECTION 5.9 WAS NOT PREVIOUSLY IN THE RULES OF PROCEDURE. IT'S CALLED, THIS SECTION IS TITLED ABSTENTION. AND IT BASICALLY SAYS THAT COUNCIL MEMBERS [00:10:01] MAY ONLY ABSTAIN FROM VOTING ON AN ITEM OR QUESTION SUBMITTED FOR A VOTE IN THE MANNER PRESCRIBED BY SECTION 1 71 0.004 OF THE TEXAS LOCAL GOVERNMENT CODE. AND SO, AS YOU LEARN IN YOUR TRAINING, UH, WHEN YOU BECAME NEW COUNCIL MEMBERS, 1 71 0.004 OF THE LOCAL GOVERNMENT CODE DEALS WITH ISSUES WHERE THERE IS A CONFLICT OF INTEREST. AND SO THIS, UH, ADDITION TO YOUR RULES OF PROCEDURE WOULD ONLY ALLOW ABSTENTION FROM VOTING IN THOSE SITUATIONS WHERE A TRUE CONFLICT OF INTEREST HAS ARISEN FOR A COUNCIL MEMBER AND WHERE THEY HAVE FILED THE APPROPRIATE AFFIDAVIT WITH THE CLERK'S OFFICE AS IS REQUIRED UNDER 1 71 0.004. AND THEN, UM, SECTION 6.1 A, WE ARE NOW IN THE ORDER OF BUSINESS PORTION OF YOUR RULES OF PROCEDURE. AND THIS ONE, UH, SPEAKS ON THE AGENDA. AND THIS IS JUST A HOUSEKEEPING, UM, ADDITION HERE. YOU SEE, WE ADDED THE LANGUAGE IN ACCORDANCE WITH RULES ESTABLISHED BY THE CITY CLERK. THIS JUST GIVES THE CLERK MORE FLEXIBILITY IN HOW SHE MANAGES THE AFFAIRS IN HER OFFICE AS TO WHEN, UM, ITEMS TO BE INCLUDED ON THE AGENDA NEEDS TO BE SUBMITTED TO THE CLERK'S OFFICE. SECTION SEVEN IS CREATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS. AND SO SECTION 7.2 ALSO IS SOMEWHAT OF A HOUSEKEEPING MATTER AS IT PERTAINS TO THE CITY ATTORNEY'S OFFICE. AND SO THIS ADDITIONAL LANGUAGE GIVES THE CITY ATTORNEY OR HIS DESIGNEE. SO IF YOU WANTED TO DESIGNATE THAT DUTY TO ME, NOW WE CAN DO THAT OR ANY OF THE OTHER ATTORNEYS IN THE, UH, CITY ATTORNEY'S OFFICE. UM, THEN THEY CAN, UM, ADOPT A POLICY APPROVING THE USE OF A PARTICULAR FORM OR FORMAT OF CONTRACT SUCH FORM SHALL BE DEEMED APPROVED AS THE FORM BY THE CITY ATTORNEY. SO AGAIN, THIS IS JUST AS IT COMES TO MANAGING THE AFFAIRS OF THE CITY ATTORNEY'S OFFICE, JUST A HOUSEKEEPING ITEM. AND THEN ALSO SECTION 7.3, THAT IS DISTRIBUTION OF ORDINANCES AND RESOLUTIONS. AND SO THIS, UM, CHANGE ALSO IS JUST REFLECTING PRACTICE THAT'S ALREADY IN PLACE WITHIN THE CITY. SO, UM, IT'S JUST BASICALLY SAYING THAT THE CITY ATTORNEY SHALL PREPARE COPIES OF ALL PROPOSED ORDINANCES AND RESOLUTIONS FOR DISTRIBUTION TO ALL MEMBERS OF THE COUNCIL. AND SO THAT'S WHAT ALREADY HAPPENS IN PRACTICE, IS THAT THE CITY ATTORNEYS DRAFT ORDINANCES AND RESOLUTIONS. AND THIS IS JUST MAKING THE RULES REFLECT WHAT'S ALREADY HAPPENING. AND THEN SECTION EIGHT, UM, THIS SECTION DEALS WITH CREATION OF COMMITTEES AND BOARDS AND COMMISSIONS. AND SO 8.1 IS DISCUSSING OUR COUNCIL COMMITTEES. AND THIS, UM, PROPOSED, UH, AMENDMENT GREW OUT OF THE BOARDS AND COMMISSION AD HOC COMMITTEE AND ALL OF THE WORK THAT THEY DID LAST YEAR TO GO THROUGH ALL OF THE INACTIVE BOARDS WITHIN OUR CITY AND DISSOLVED THE ONES THAT, UH, YOU KNOW, WERE NOT NO LONGER BEING USED. AND SO THE ADDITIONAL LANGUAGE HERE, ALL SUCH COMMITTEES SHALL BE CREATED DURING A MEETING OF THE CITY COUNCIL. AND THE CREATION DATE AND PURPOSE FOR CREATION SHALL BE CLEARLY ESTABLISHED. AND SO THAT LANGUAGE WAS ADDED TO JUST KEEP WITH THE SPIRIT OF THE WORK THAT THE AD HOC COMMITTEE DID TO MAKE IT, UH, MORE FEASIBLE FOR BOARDS TO BE, UH, DISSOLVED WHEN THEY HAVE BECOME INACTIVE. AND SO ONCE WE HAVE A CREATION DATE AND A PURPOSE CLEARLY ESTABLISHED, THEN WE KNOW WE CAN DISSOLVE THOSE BOARDS WHEN THEY'RE NO LONGER SERVING THE PURPOSE THAT THEY WERE ESTABLISHED FOR, AS YOU SEE LATER IN THIS RULE. AND SO BY HAVING THAT CLEARLY DEFINED ON THE RECORD, THAT WOULD JUST CLEAR THINGS UP AND MAKE THAT PROCESS A LOT EASIER. AND THEN LAST SECTION 8.4 GOES TO OUR RULES OF PROCEDURE. AND SO SECTION 8.4 BASICALLY, UH, TALKS ABOUT THE BOARDS AND COMMISSIONS, UM, ARE ABLE TO USE THE COUNCIL, UH, RULES OF PROCEDURE. THEY'RE ABLE TO ADOPT THESE AS THEIR OWN RULES OF PROCEDURE. AND SO 8.4, THE REVISION HERE THAT IS PROPOSED WOULD REMOVE THE REQUIREMENT FOR THE OPEN MEETINGS ACT TO BE, UH, IN PLACE WHEN IT COMES TO THOSE BOARDS AND COMMISSIONS. THOSE ARE OUR CITIZEN VOLUNTEER BOARDS. AND AS WE'VE TALKED ABOUT SEVERAL TIMES IN HERE, OUR CITIZEN, UH, VOLUNTEER BOARDS, WE DON'T WANT TO EXPOSE THEM TO THE LIABILITY THAT WOULD COME FROM, UH, OPEN MEETINGS ACT BEING REQUIRED IF THEY'RE NOT, YOU KNOW, ABLE TO STRICTLY FOLLOW THE, UH, REQUIREMENTS OF THE OPEN MEETINGS ACT. OR THEY MAY NOT, OR MAY OR MAY NOT HAVE AN ATTORNEY PRESENT AT THOSE MEETINGS. WHEN IT COMES TO OUR VOLUNTEER BOARDS, WE'RE TALKING ABOUT VOLUNTEER BOARDS, WE'RE TALKING ABOUT OUR ADVISORY BOARDS, NOT STATUTORY BOARDS, JUST THE ADVISORY AD HOC, THOSE KINDS OF BOARDS, UM, WHERE IT'S NOT STATUTORILY REQUIRED THAT THEY FOLLOW THE OPEN MEETINGS ACT. THOSE MEETINGS WOULD STILL BE OPEN TO THE PUBLIC, BUT THIS IS JUST SOMETHING THAT WE HAVE ALREADY DISCUSSED. UH, COUNSEL, IT'S JUST MAKING IT HERE A PART OF YOUR RULES OF PROCEDURE. [00:15:01] AND THEN, UH, SECTION NINE, THIS WHOLE SECTION IS A NEW ADDITION TO YOUR RULES OF PROCEDURE, AND THIS IS THE PROCEDURAL GUIDELINES FOR SELECTION OF THE MAYOR PRO TEM. SO JUST SIX MONTHS AGO IN DECEMBER, WE ADOPTED ORDINANCE, I MEAN, EXCUSE ME, RESOLUTION 2 9 6 2. WELL, YOU DID AS A COUNCIL. AND THAT, UM, DETAILED THIS PROCESS FOR SELECTING, UM, A NEW MAYOR PRO TEM. AND SO ALL THIS REVISION IS DOING IS TAKING THE LANGUAGE THAT YOU'VE ALREADY APPROVED IN RESOLUTION 2 9 6 2, AND ADDING IT HERE TO THE RULES OF PROCEDURE, UM, EXCUSE ME, RESOLUTION 2 9 6 2, AND ADDING IT HERE TO THE RULES OF PROCEDURE JUST FOR USE, EASE OF USE AND CLARITY SO THAT ALL THINGS THAT HAVE TO DO WITH, UH, THE RULES THAT GOVERN YOUR BODY WILL BE IN ONE CENTRAL LOCATION. DOES ANYBODY HAVE ANY QUESTIONS, QUESTIONS OR COMMENTS? QUESTION? YES. CAN YOU GO BACK TO, I GUESS I WANT TO LOOK AT 2.1 AND TWO POINT AND 4.5. OKAY. UM, YOU WANNA LOOK AT 2.1 FIRST? IS THAT WHAT YOU SAID? YEAH, LET'S LOOK AT 2.1. OKAY. UM, SO I GUESS WHAT I'M HEARING IS YOUR NONS STATUTORY MEETINGS WILL BE CLOSED TO THE PUBLIC? NO, ALL MEETINGS WILL CONTINUE TO BE OPEN TO THE PUBLIC. OKAY. ALL IT'S JUST THAT THE OPEN MEETINGS ACT WOULD NOT, UH, BE REQUIRED TO BE FOLLOWED. SO THE STRINGENT RULES THAT COME WITH, UM, YOU KNOW, LIKE THE POSTING REQUIREMENTS OF DIFFERENT THINGS, IF IT IS NOT A STATUTORY BOARD, THEN THE OPEN MEETINGS ACT IS NOT ANYWHERE IN LAW THAT IT'S REQUIRED THAT THE OPEN MEETINGS ACT WAS REQUIRED TO BE FOLLOWED. MEETINGS ARE STILL OPEN TO THE PUBLIC. OKAY. UM, OKAY. UM, ALSO, AND THANK YOU FOR CLARIFYING. UH, THERE WAS A CLAUSE IN THERE THAT HAD TO DO WITH NOTIFICATIONS OF MEETINGS. I DON'T KNOW WHEN I, I, WHEN Y'ALL SENT ME THE, THE ROUGH DRAFT, I SAW A CLAUSE ON THERE HAD TO DO WITH NOTIFICATIONS. UH, IS IS THAT STILL THE SAME? SO IF, IF A MEETING'S POSTED, IS IT MM-HMM. IS IT 10 DAYS? IS THE MEETING STILL NEED TO BE POSTED WITHIN 10 DAYS? ARE YOU TALKING ABOUT APPROVAL OF AGENDA ITEMS? RIGHT. THAT'S WHAT YOU'RE TALKING ABOUT. RIGHT. APPROVAL OF GENERALIZING AND WHEN MEETINGS ARE, ARE, ARE POSTED FOR THE PUBLIC, DOES THAT STILL NEED TO BE FOLLOWED FOR 10 DAYS OR SO? POSTING REQUIREMENTS ARE DIFFERENT AS YOU'RE TALKING ABOUT THE OPEN MEETINGS ACT, UM, 72 HOURS POSTING FOR THOSE KINDS OF THINGS WHERE OPEN, OPEN MEETINGS ACT APPLIES WHEN YOU'RE TALKING ABOUT THE PROVISION THAT I THINK YOU'RE TALKING ABOUT WHERE, UM, IT SAYS WHEN AGENDA ITEMS NEED TO BE TURNED INTO THE CLERK'S OFFICE TO BE INCLUDED ON THE AGENDA. SO PREVIOUSLY, YES, YOU'RE CORRECT, IT DID SAY 10 DAYS. HOWEVER, WE ARE REMOVING THAT REQUIREMENT TO ALLOW FLEXIBILITY OR WE'RE PROPOSING THAT THAT REQUIREMENT BE REMOVED TO ALLOW FLEXIBILITY FOR THE CLERK'S OFFICE IN THE WAY THAT SHE, YOU KNOW, MANAGES THAT DEPARTMENT. SO IF SHE WANTED TO DO MORE THAN 10 DAYS, SHE COULD, IF SHE WANTED TO BE, DO LESS THAN 10 DAYS, SHE COULD. IT'S JUST KIND OF AN INTERNAL THING. IT DOESN'T HAVE ANYTHING TO DO WITH WHEN NOTICE IS PUBLIC PU PUBLISHED FOR THE PUBLIC. UM, IN, IN THE, I GUESS IN THE SPIRIT OF TRANSPARENCY, I WOULD LIKE TO SEE THAT CLAUSE STILL IN THERE. I KNOW, UH, THE CLERK, UH, YOU KNOW, IT MAY BE, UH, MORE CONVENIENT FOR HER, BUT IN, I GUESS IN THE SPIRIT OF TRANSPARENCY, UM, AND ALLOWING PEOPLE TO HAVE ENOUGH NOTICE TO SHOW UP TO MEETINGS, I WOULD LIKE TO SEE THAT, THAT CLAUSE STILL IN THERE. UH, COUNCILWOMAN COUNCILWOMAN ELARA. YEAH. THANK YOU, MAYOR. UM, SO I THINK TURNING IN AGENDA ITEMS, UM, THE 10 DAYS IS BEING TAKEN AWAY. HOWEVER, IT'S STILL GONNA BE POSTED BY A CERTAIN TIMEFRAME. SO PEOPLE NORMALLY DON'T SEE IT UNTIL IT'S, AND SO THAT'S NOT CHANGING, THAT'S STAYING THE SAME, IT'S JUST THE BEHIND THE SCENES WORK. SO, UH, CITY STAFF OR ANY OF US WANT TO HAVE AN AGENDA ITEM, UM, ADDED TO THE FORMAL MEETING. WE DON'T HAVE TO DO IT 10 DAYS IN ADVANCE. THERE MAY BE SOME THINGS THAT COME UP LATE, YOU KNOW, AFTER THE 10 DAY PERIOD HAS ENDED THAT WE REALLY WOULD LIKE TO HAVE ON THE AGENDA. AND SO THAT GIVES HER THAT FLEXIBILITY. BUT IN TERMS OF PEOPLE WANTING TO HAVE ACCESS TO THE AGENDA, THAT'S NOT GONNA CHANGE. OKAY. UM, THE CITIZENS AT LARGE. OKAY. JUST, JUST CLARIFY. THANK YOU FOR THE CLARIFICATION THAT THOUGHT. AND AM I CORRECT IN THAT MR. YOUR ATTORNEY? YES. YES. OKAY. IN FACT, I HAVE NOTHING TO SAY NOW. , GOOD JOB. YOU'RE NOW ALL PART OF THE STAFF . I, BUT PART OF ANYTHING ELSE? SHE COVERED IT. WELL, I WOULD LIKE TO, UM, GO BACK [00:20:01] TO ABSTAINING. YES. CAN WE GO OVER SOME FIVE NINE? UM, WHAT ARE SOME OF THOSE GUIDELINES? MM-HMM . UNDER 1 71. YES, MA'AM. UM, OKAY. I'M JUST GONNA READ TO YOU STRAIGHT FROM 1 71 OF THE LOCAL GOVERNMENT CODE. SO IT SAYS THAT IF A LOCAL PUBLIC OFFICIAL HAS A SUBSTANTIAL INTEREST IN A BUSINESS ENTITY OR REAL PROPERTY, THE OFFICIAL SHALL FILE BEFORE A VOTE OR DECISION ON ANY MATTER INVOLVING THE BUSINESS ENTITY OR THE REAL PROPERTY, AN AFFIDAVIT STATING THE NATURE AND EXTENT OF THE INTEREST, AND SHALL ABSTAIN FROM FURTHER PARTICIPATION IN THE MATTER. IF IN THE CASE OF A SUBSTANTIAL INTEREST IN A BUSINESS ENTITY, THE ACTION ON, ON THE MATTER WILL HAVE A SPECIAL ECONOMIC EFFECT ON THE BUSINESS ENTITY THAT IS DISTINGUISHABLE FROM THE EFFECT ON THE PUBLIC OR TO, IN THE CASE OF A SUBSTANTIAL INTEREST IN REAL PROPERTY, IT IS REASONABLY FORESEEABLE THAT AN ACTION ON THE MATTER WILL HAVE A SPECIAL ECONOMIC EFFECT ON THE VALUE OF THE PROPERTY DISTINGUISHABLE FROM ITS EFFECT ON THE PUBLIC. SO YOU'RE LOOKING AT A PECUNIARY EFFECT. MM-HMM . THANK YOU. MM-HMM . YES, SIR. I HAVE A QUESTION ON THAT. IS I, I I KNOW WHAT WE, WHAT YOU JUST READ IS REQUIRED MM-HMM . IS IT REQUIRED AS FAR AS STATUTE THAT WE CAN'T ABSTAIN? OR COULD THIS BE A RULE THAT WE COULD ABSTAIN OTHER THAN THE LEGAL REQUIREMENTS FOR ABSTENTION? SO IT'S NOT IN WORDS, I JUST WANTED TO VOTE PRESENT INSTEAD OF YES OR NO. THIS PROHIBITS ME FROM DOING THAT. THAT'S CORRECT. IS THERE A STATUTE THAT SAYS I CAN'T VOTE PRESENT? NO, THERE'S NO STATUTE THAT, SO, SO WE COULD, AS A COUNCIL, DECIDE THAT WE CAN, AS MEMBERS OF THIS COUNCIL TAKE A POSITION OF PRESENT AND NOT VOTE YES OR NO. IF THAT'S WHAT WE DESIRE. THIS IS THE LEGAL REQUIREMENT FOR ABSTENTION. IF, IF ONE OF, IF IF 1 71 0.004 APPLIES, WE HAVE TO ABSTAIN. YES, SIR. IF WE DON'T, WE'RE GONNA BE IN TROUBLE BEYOND THIS, OUR POLICIES. MM-HMM . SO I JUST WANNA BE CLEAR THAT WE'RE REQUIRING US TO DO SOMETHING THAT'S NOT REQUIRED BY STATUTE. SO I DON'T KNOW THAT THIS IS NECESSARILY REQUIRING US TO DO ANYTHING. IT'S JUST SAYING, IF YOU ABSTAIN, THIS IS THE REQUIREMENTS FOR ABSTENTION. SO IF, IF I'M NOT IN VIOLATION OF 1 71 0.004 AND AN ISSUE COMES UP THAT I JUST DON'T WANT TO TAKE A POSITION ON MM-HMM . THIS WOULD REQUIRE ME TO TAKE A POSITION. YES, IT WOULD. I'D HAVE TO VOTE EITHER YES OR NO, I COULD NOT ABSTAIN. IS THAT CORRECT? IS THAT CORRECT? YES, THAT IS CORRECT. AND, UM, TO JUST GIVE YOU A LITTLE BIT OF BACKGROUND, UM, AGAIN, THESE ARE PROPOSALS. THEY ARE COMING FROM THE, THE LEGAL DEPARTMENT. UM, WE HAVE HAD SOME DISCUSSIONS OFFLINE ABOUT THAT AND THE EFFECT OF ABSTENTION AND, AND WHAT HAPPENS IN THIS SCENARIO OR THAT SCENARIO. AND IN A HYPOTHETICAL SITUATION WHERE YOU'VE GOT, UH, THREE AND THREE AND ONE OF YOU ABSTAINS, THEN THAT IN EFFECT KILLS THE MEASURE. AND THAT WAS PART OF THE CONVERSATIONS THAT HAD COME UP THAT LED TO THIS SUGGESTION. ANOTHER ONE WAS, UH, SOME OF THE CONVERSATIONS THAT WE HAD HAD PREVIOUSLY AROUND THE ETHICS, UH, COMMITTEE, UM, AND THE ETHICS RULES. SO WE WERE TRYING TO CAPTURE SOME OF THAT IN THIS PROPOSAL, BUT THAT IS THE CONTEXT IN WHICH IT'S PRESENTED. AND ULTIMATELY YOU ALL GET TO DECIDE WHAT IS BEST FOR THE COUNSEL. BUT WE WANTED TO GIVE YOU, UH, AN OPTION IF, IF THIS IS YOUR WILL. YES MA'AM. THE EXAMPLE THAT YOU USED. UM, I MEAN, IF IT KILLS IT, THEN IT KILLS IT. I, I STILL DON'T UNDERSTAND WHY THAT WOULD BE A REASON THAT LEGAL, THE LEGAL DEPARTMENT WOULD WANT US TO INCLUDE THIS. IT IS TO ALIGN MORE WITH CHAPTER 1 71. UM, AND IT'S ALSO, AGAIN, BASED ON CONVERSATIONS THAT, UH, HAVE BEEN BROUGHT UP WITH US, UM, AND SITUATIONS THAT HAVE BEEN PRESENTED TO US. SO IN THAT CONTEXT, WE WANTED TO PROVIDE SOME LANGUAGE AND LET YOU ALL DELIBERATE ABOUT WHETHER THIS IS SOMETHING THAT'S A, A BENEFIT OR DETRIMENT. SO, UM, I LIKE THE FACT THAT YOU'RE TRYING TO ALIGN MORE WITH THE TEXAS LOCAL GOVERNMENT CODE, BUT I DO HAVE SOME RESERVATIONS JUST BECAUSE I DON'T WANT TO BACK OURSELVES INTO A CORNER NOT KNOWING WHAT COULD BE ON THE FOREFRONT AND TAKING AWAY, UM, AN OPTION FOR US. AND SO I, I THINK THAT'S MY ONLY CONCERN. I HAVE NO PROBLEM BEING REQUIRED TO VOTE. IT'S WHAT WE WERE ELECTED TO DO AND YOU FINISHED. [00:25:01] THAT'S IT. AND, AND I'M GOING TO AGREE WITH THAT. THAT'S WHAT WE WERE ELECTED TO DO. UM, UNLESS IT FALLS UNDER SECTION 1 71, I'M IN FAVOR OF HAVING THIS BECAUSE WE SHOULD BE VOTING OKAY. WHETHER IT'S YAY OR NAY, WHETHER IT IS YAY OR NAY. YEAH. ANY OTHER COMMENTS? AND MAYOR, I'M NOT OPPOSED TO IT NECESSARILY EITHER. I JUST WANTED TO POINT OUT THIS, THIS DOES RESTRICT US. YEAH. AND THERE ARE SOMETIMES ISSUES COME UP THAT OVER THE YEARS I'VE BEEN HERE, IT'S KIND OF, THERE'S SOME ISSUES I'M PRETTY WELL NEUTRAL ON. BUT A AGAIN, I JUST WANNA BE CLEAR THAT THE 1 71 0.004 IS A REQUIREMENT. I MEAN, THAT'S NOT AN OPTION. , RIGHT? YEAH. IF, IF, IF THAT SECTION APPLIES TO YOU IN ANY FORM OR FASHION, YOU BETTER ABSTAIN AND YOU BETTER HAVE FILED THE PROPER PAPERWORK TO ABSTAIN, OR THIS GENTLEMAN WILL BE GIVING YOU A CALL LATER. UM, BUT WE'RE NOT REQUIRED TO TO VOTE YES OR NO EVERY TIME, UNLESS IT'S JUST WHAT WE WANT IS OUR RULES. I JUST WANTED TO BE CLEAR WITH THAT. YEAH. THIS HAS TAKEN AN OPTION AWAY THE YEARS I'VE BEEN HERE. I THINK I'VE ONLY SEEN IT MAYBE ONCE OR TWICE, SO IT'S NOT DONE VERY OFTEN. WE, YOU KNOW, WE ALL VOTE AS WAY WE'RE SUPPOSED TO, BUT I JUST WANTED TO BE CLEAR THAT THIS PART IS KINDA LIKE MUST OBTAIN IF YOU'RE IN 1 71 AND THEN THE OTHER IS OUR OPTION. SO IF MAJORITY FEELS THAT WE JUST DON'T NEED THAT OPTION, I'M OKAY WITH THAT AS WELL. GOOD DEAL. YEAH. YEAH. I WAS JUST, I WAS JUST, UM, TAKING PART OF THE CONVERSATION. I'M NOT AGAINST IT. OKAY. WELL, I THINK THAT'S IT. OKAY. THANK YOU. THANK YOU. WE'LL BRING, OH, I DIDN'T WANT TO TALK ABOUT THE NEXT STEPS. AND SO WE WILL BRING THIS ITEM BACK. OH, WE'LL BRING THIS ITEM BACK FOR A VOTE ON JUNE 26TH. AND THEN ALSO WE ARE GONNA PREPARE OUR SIMILAR RULES OF PROCEDURE FOR ALL THE BOARD'S COMMISSIONS IN SPECIAL DISTRICTS. SO THAT'S THE NEXT STEPS FOLLOWING, UH, YOUR APPROVAL OF A NEW SET OF RULES OF PROCEDURE. GOOD DEAL. THANK YOU. THANK YOU. THANK YOU SO MUCH. WE'RE ON TO TWO B. [b. Discuss standards regarding Battery Energy Storage System special use permits.] DISCUSS STANDARDS REGARDING BATTERY ENERGY STORAGE SYSTEM, SPECIAL USE PERMIT. MR. SCRIBNER. I'M SORRY, JUST ONE SECOND. OH MY, OH, DID I CLOSE YOU? I'M SORRY. IT'S RIGHT THERE. STILL RUSH . KRISTEN'S TRYING TO SABOTAGE MY PRESENTATION. . THAT'S FINE. I'LL GET YOU BACK, CHRIS. YEAH, I'LL MAKE ACKNOWLEDGEMENT. GOOD EVENING. UM, MARTIN SCRIBNER PLANNING AND DEVELOPMENT SERVICES. UM, SO YOU REMEMBER, YOU MAY REMEMBER THAT, UM, A WHILE BACK, WE APPROVED A SPECIAL USE PERMIT FOR A, A VERY SMALL, UH, BATTERY ENERGY STORAGE SYSTEM, UH, ON GARTH ROAD. UH, THAT WAS REALLY JUST THE BEGINNING. UH, THESE FACILITIES ARE GETTING A LOT MORE COMMON AND THEY CAN BE A LOT LARGER THAN THE ONE YOU SAW PREVIOUSLY. SO THESE PROJECTS ARE HAPPENING. THERE ARE DEFINITELY POSITIVES FOR THE CITY, INCLUDING SOME ECONOMIC BENEFITS. UM, THEY'RE CURRENTLY ALLOWED IN INDUSTRIAL ZONES BY, RIGHT. SO AS YOU START TO SEE MORE OF THESE SUP REQUESTS, WE WANT TO ESTABLISH PARAMETERS THAT WILL BE THE TEMPLATE FOR THE DEVELOPMENT, UM, FOR THAT TYPE OF DEVELOPMENT WILL HELP WITH THE PREDICTABILITY OF OUR PROCESSES FOR POTENTIAL DEVELOPERS. UM, AND THE PURPOSE OF THE PRESENTATION TONIGHT IS REALLY TO INFORM CITY COUNCIL, UH, OF THE ITEMS THAT ARE COVERED IN A STAFF REVIEW AND IN A POSITIVE RECOMMENDATION FROM STAFF FOR A SPECIAL USE PERMIT. SO THE IDEA IS NOT TO ASK FOR ANY SPECIAL PREFERENCES, UM, FOR ACCOMPANYING ANY KIND OF REZONE REQUESTS, BUT MORE TO LET YOU KNOW WHAT TO EXPECT IN THE FUTURE. AND ALSO TO KINDA GET SOME FEEDBACK ON WHAT WE SHOULD OR SHOULD NOT INCLUDE IN THE ORDINANCE ITSELF. 'CAUSE RIGHT NOW IT'S, IT'S VERY LIGHT ON THAT. UM, SO TODAY, UH, REALLY WHAT I WANT IS FOR YOU TO TELL ME AS I GO THROUGH, IF THERE'S ANYTHING ELSE YOU WANT TO ADD OR TAKE AWAY. AND SO WE CAN DEVELOP THESE CLEAR EXPECTATIONS FOR FUTURE DEVELOPMENT. SO FEEL FREE TO INTERRUPT ME IF, IF IT, UH, IF THE MOOD STRIKES. SO WHAT YOU'RE GONNA SEE TODAY IS, UM, WE'RE, I'M GONNA DO A QUICK OVERVIEW OF WHAT THE BATTERY, BATTERY ENERGY STORAGE SYSTEMS LOOK LIKE. I'M GONNA REFER TO THIS AS BEST THROUGHOUT, UM, SOME OF THE ECONOMIC IMPACTS, SOME SAFETY AND ENVIRONMENTAL ISSUES, ZONING CONSIDERATIONS, AND THEN THE ACTUAL RECOMMENDATIONS FOR WHAT, UM, STAFF FEELS WOULD BE APPROPRIATE TO ADD INTO OUR CODE. SO, AS YOU MAY REMEMBER, THE BATTERY BATTERY ENERGY STORAGE FACILITY, UM, REALLY IT LOOKS LIKE A BUNCH OF SHIPPING CONTAINERS LINED UP IN ONE PLACE. AND USUALLY YOU'VE GOT A FENCE AROUND IT. UH, HOPEFULLY SOME SCREENING, SOME [00:30:01] LANDSCAPING, THAT TYPE OF THING. UM, NO REAL, REAL ONSITE STAFF TO SPEAK OF EXCEPT WHEN THEY'RE BUILDING IT, UH, AND TO DO OCCASIONAL MAINTENANCE. UM, IT'S USUALLY LOCATED NEAR AN ELECTRICAL SUBSTATION, AND AS IT, IT SPECIFICALLY HAS TO TIE IN TO THE GRID AT A SUBSTATION. UH, SO THE PROPOSALS WE'RE SEEING ARE EITHER BEING LOCATED NEAR AN EXISTING SUBSTATION, UH, OR THE, THEY'RE ACCOMPANIED BY A PROPOSAL FROM CENTERPOINT TO BUILD ONE AS PART OF THAT PROJECT. UM, QUICK REMINDER, THESE DO TIE INTO PUBLIC ENERGY, UM, SOURCES INTO THE, INTO THE GRID, BUT THEY ARE PRIVATELY OWNED, SO THEY DON'T JUST GO ANYWHERE, LIKE A PUBLIC UTILITY WOULD BE ABLE TO, AS YOU CAN SEE BY THE PICTURES, THE SCALE OF BATTERY ENERGY STORAGE SYSTEM CAN VARY PRETTY WILDLY. UM, THERE ARE SEVERAL BENEFITS. UM, THE OVERALL BENEFIT REALLY IS FOR THESE FACILITIES TO DRAW POWER WHEN THE DEMAND IS LOW, AND THEN KIND OF GIVE, FEED IT BACK TO THE GRID WHEN THE DEMAND IS HIGHER, KINDA LIKE RIGHT NOW. UM, AND IT'S, IT IS DESIGNED TO SMOOTH OUT THE DELIVERY OF POWER, UH, TO THE COMMUNITY. UH, AND CENTERPOINT GENERALLY SUPPORTS THESE TYPES OF FACILITIES BECAUSE OF THAT, IT SORT OF HELPS OUT THE ENTIRE GRID. IT CAN PROVIDE POWER DURING A BLACKOUT, BUT ONLY LOCALLY. UH, IF A LINE'S DOWN, THEN A LINE'S DOWN CAN'T REALLY DO MUCH ABOUT THAT. UH, IT CAN ALSO BE CONNECTED TO RENEWABLE ENERGY SOURCES LIKE SOLAR OR WIND, AND IT HELPS TO REDUCE COSTS AND ADDS TO THE LOCAL ECONOMY. SO LET'S TALK ABOUT THOSE ECONOMIC DEVELOPMENTS. UH, ECONOMIC BENEFITS A LITTLE BIT. UM, BEST PROJECTS TYPICALLY REPRESENT ABOUT $10 MILLION TO OVER $150 MILLION IN PRIVATE CAPITAL INVESTMENT ON FAIRLY SMALL LOTS. UM, THEY DO BRING HIGH TAXABLE VALUE PER ACRE. UH, THEY PROVIDE MINIMAL IMPACT ON INFRASTRUCTURE, MAKE IT LOW IMPACT HIGH REVENUE. SO WE DON'T PROVIDE SERVICES TO THESE SITES. THERE'S NOTHING TO PROVIDE. UM, SO LOW COST FOR US, THE PRIVATE INVESTMENT, UH, IS AN ENHANCEMENT TO OUR LOCAL PROPERTY TAX BASE. UH, THE BEST PROJECTS PROVIDE IMPROVED ELECTRIC GRID RELIABILITY AND ENERGY RESILIENCE. SOMETHING I KIND OF TALKED ABOUT IN THE PREVIOUS SLIDE. UH, THEY DO SERVE AS A GATEWAY FOR FUTURE AND EMERGING TECHNOLOGIES AND SMART GRID TECHNOLOGIES. UH, AND IT CONTINUES TO BE A GROWING INDUSTRY ACROSS THE COUNTRY. UM, THESE ARE BEING DEPLOYED TO PROVIDE BACKUP POWER AND ENERGY GRID AND RESILIENCY KIND OF ACROSS THE COUNTRY. UM, ALTHOUGH IT'S FAIRLY NEW TO BAYTOWN, I MEAN, THEY'RE, THEY'RE ALL OVER HOUSTON AREA. SO IN TERMS OF SAFETY, THESE ARE GOVERNED BY THE NATIONAL FIRE PROTECTION ASSOCIATION REGULATIONS, UM, AND EVALUATED AGAINST, UH, CRITERIA FOR THERMAL RUNAWAY FIRE PROPAGATION. THAT'S THAT UL 95 40 A. UM, THEY'RE VIRTUALLY SILENT AND THEY HAVE NO EMISSIONS AS EACH UNIT IS VIRTUALLY SELF-CONTAINED, CONTAINED, UH, IF THERE IS A FIRE, THEY'RE DESIGNED TO KEEP THE FIRE WITHIN THE STRUCTURE UNTIL IT DIES OUT. AND THEN OTHER SAFETY QUESTIONS CAN INCLUDE IMPACTS ON FLOOD ZONES, STORM WATER DETENTION, IMPACTS ON LOCAL WILDLIFE, AND THEN THE SECURITY OF THE SITE ITSELF. SO IN THINKING ABOUT THE ZONING ITSELF, THERE ARE SEVERAL THINGS TO KEEP IN MIND. SO THINGS LIKE COMPATIBILITY OF A BEST FACILITY WITH NEIGHBORING USES. UH, HOW SENSITIVE ARE THOSE USES? HOW FAR AWAY SHOULD THIS BE FROM THEM? HOW BIG IS THE LOT? SHOULD WE INCLUDE, INCLUDE A MAX DENSITY, UM, FOR THE SITE OF THESE, UH, CONTAINERS, WHAT SHOULD THE SETBACKS BE? HEIGHT LIMITATIONS, FENCING, SCREENING, ET CETERA. SO THOSE ARE THE KINDS OF THINGS THAT WE'VE BEEN THINKING ABOUT. SO THE OPTIONS THAT WE'VE INVESTIGATED FOR OUR OWN CODE INCLUDE WHETHER THESE SHOULD BE PERMITTED BY RIGHT, OR THEY SHOULD INCLUDE CONDITIONS LIKE, UH, THE REQUIREMENT FOR A SPECIAL USE PERMIT, UH, CERTAIN SITE PLAN AND DESIGN REQUIREMENTS, PERFORMANCE STANDARDS, WHICH INCLUDE THINGS LIKE SMOKE AND NOISE LIMITS. AND WHAT HAPPENS TO THE FACILITY SHOULD IT BE ABANDONED. CURRENTLY, OUR CODE, OUR CODE IS PRETTY LIGHT ON CONDITIONS FOR THIS TYPE OF USE. SO IF YOU REMEMBER, OUR OLD CODE DIDN'T ANTICIPATE THE USE AT ALL. UM, SO WE DID A SPECIAL USE PERMIT THAT, THAT FIRST ONE UNDER THE OLD CODE, BECAUSE IT WAS KIND OF A CATCHALL, WE DIDN'T REALLY HAVE ANY REGULATIONS FOR IT. UM, BUT NOW THE NEW CODE DOES ALLOW THEM BY RIGHT IN INDUSTRIAL ZONES AND WITH A SPECIAL USE PERMIT IN GENERAL COMMERCIAL AND FREEWAY COMMERCIAL. UH, THE ONLY REAL CONDITION ON THOSE IS A 25 FOOT SETBACK FROM THE PROPERTY LINES ON ALL SIDES. UH, THEY'RE NOT ALLOWED IN ANY OTHER ZONING DISTRICT. SO IF SOMEONE PROPOSES ONE IN A RESIDENTIAL ZONE OR A MIXED USE ZONE, UH, THIS IS GONNA REQUIRE A REZONE, THAT'S [00:35:01] AN ENTIRELY DIFFERENT SEPARATE PROCESS. SO REALLY WHAT WE'RE TALKING ABOUT TODAY HAS TO DO WITH THE SPECIAL USE PERMIT ITSELF, NOT THE REZONE THAT WOULD BE EVALUATED ON ITS OWN CRITERIA LATER. SO THIS MAP SHOWS WHERE, UH, BEST FACILITIES CAN CURRENTLY BE LOCATED UNDER THE CURRENT ZONING. UH, ALL THE GRAY AND PURPLE PROPERTIES, THOSE ARE INDUSTRIAL, UH, HEAVY AND LIGHT INDUSTRIAL. SO THOSE ALLOWED, THOSE CURRENTLY ALLOW THE BEST FACILITIES BY RIGHT. AND THEN THE RED AND ORANGE PROPERTIES, THOSE ARE COMMERCIAL PROPERTIES, ALLOW THEM WITH AN SUP, ANYTHING ELSE ON THE MAP, THEY'RE NOT ALLOWED AS OF RIGHT NOW. SO STAFF FEELS THAT IN ORDER TO BETTER PROTECT OUR COMMUNITY, WE COULD BEEF THESE REGULATIONS UP, UH, SOMEWHAT. UH, BUT WE WANNA LIST THEM IN THE CODE, MAKE THE PROCESS MORE PREDICTABLE FOR THE DEVELOPERS OF THESE TYPES OF SITES. SO THIS IS REALLY WHERE THE RUBBER MEETS THE ROAD. STAFF NEEDS TO KNOW IF COUNCIL FEELS THIS IS ENOUGH, TOO MUCH, JUST RIGHT. UM, NOT, NOT ENOUGH. UM, BECAUSE WHATEVER WE BRING BACK TO YOU FOR INCLUSION IN THE CODE WILL KIND OF REPRESENT THE CRITERIA THAT STAFF WILL USE TO PROVIDE A RECOMMENDATION ON FUTURE SUP APPLICATIONS. SO AGAIN, THIS IS NOT GONNA APPLY TO REZONES SPECIFICALLY, BUT FOR THE SUVS THEMSELVES. AND IF A FUTURE PROPOSAL MEETS THESE CRITERIA, THEN STAFF WILL LIKELY PROVIDE A POSITIVE RECOMMENDATION TO BOTH P AND Z AND TO COUNSEL, UM, BARRING ANY, YOU KNOW, WEIRDNESS IN TERMS OF SPECIFICS TO A SITE THAT MAYBE NEED A SPECIAL, UM, SPECIAL CONSIDERATION. SO WE'RE GONNA TAKE A LOOK AT THE RECOMMENDATIONS THEMSELVES. UM, FIRST OFF, ZONING RECOMMENDATIONS. UH, A LOT OF OUR SPECIAL USES HAVE A MINIMUM SIZE REQUIREMENT. SO WE'RE STARTING WITH TWO ACRES HERE BECAUSE REALLY WHAT WE SAW ON GARTH ROAD, THAT SMALL FACILITY IS PROBABLY ABOUT THE SMALLEST THING WE'RE WE'RE GOING TO SEE. UM, ANYTHING LESS THAN THAT IS REALLY GONNA BE, UM, PROBABLY TOO MUCH TO BE IN, IN AN AREA NEAR OTHER USES. UM, THE SUE WE, WHAT WE WOULD LIKE TO SEE FOR THE SUP REQUIREMENTS, UM, SPECIFICALLY, UH, SETBACKS A HUNDRED FEET FOR PRETTY MUCH ANY SITE, UH, A HUNDRED FEET ON ALL SIDES. AND THEN IF THERE'S ANY RESIDENTIAL DISTRICTS OR STRUCTURES THAT ARE THAT BORDER, THIS SITE, THEN WE WOULD LOOK FOR 200 FEET. AND AGAIN, THAT'S TO KIND OF TAKE INTO ACCOUNT, UM, KIND OF WHAT IT LOOKS LIKE, ANY KINDA SCREENING THAT WE COULD ADD ONTO IT. UM, THE POSSIBILITY OF ANY KIND OF A FIRE OR SOMETHING LIKE THAT. WE WANNA MAKE SURE THAT IT'S, IT'S FAR ENOUGH AWAY FROM RESIDENTIAL, UH, TO, TO NOT BE DANGEROUS TO HOMES. UM, IN TERMS OF SCREENING, UH, THAT WOULD START WITH AN EIGHT FOOT MASONRY WALL. UH, AND THEN WE WOULD NOT, WE WOULD NOT WANNA SEE LIKE BARBED WIRE ACROSS THE TOP OF THAT OR ANYTHING LIKE THAT. IN TERMS OF SCREENING, IF THIS WAS GONNA BE LOCATED NEXT TO, UH, AN INDUSTRIAL SITE, THEN WE DON'T FEEL LIKE A LANDSCAPE BUFFER IS REALLY NECESSARY. BUT RIGHT NOW, THE ULDC DOES HAVE SOME, UM, UH, SOME BUFFERING REQUIREMENTS IN THE TABLE. 3.4, THREE DASH TWO. UH, AND THIS IS ADJACENT TO COMMERCIAL MIXED USE DISTRICTS. SO WE'RE, INSTEAD OF REINVENTING THE WHEEL IN THIS, WHAT WE'D LIKE TO DO IS ADOPT THESE BUFFERING REQUIREMENTS. ALSO FOR THIS TYPE OF USE, THE ONLY THING THAT'S CHANGED IN THIS FROM, FROM WHAT IS IN THE CODE WOULD BE THAT WALL HEIGHT ON THE VERY END OF EIGHT FOOT. RIGHT NOW IT ONLY SAYS SIX FOOT. SO WE FEEL THAT EIGHT FOOT IS A MORE APPROPRIATE FOR THIS TYPE OF USE. UM, THIS IS A BUFFER YARD B, UM, WHICH, SO IF IT'S ADJACENT TO COMMERCIAL OR MIXED USE DISTRICTS AND WHAT YOU SEE IN TERMS OF WIDTH TREES, EVERGREEN SHRUBS, THAT STUFF, THAT IS ALL, IF YOU SEE TWO NUMBERS, IT'S BASICALLY IF YOU'RE ONLY 20 FOOT WIDE ON THE BUFFER, THEN YOU HAVE TO HAVE A LITTLE BIT MORE IN THE BUFFER. IF IT'S WIDER, THEN YOU CAN HAVE A LITTLE BIT LESS. SO IT'S EITHER DISTANCE OR TREES AND SHRUBS. UM, YOU DON'T HAVE TO PROVIDE A, THE MAX OF EACH. SO AGAIN, THE BUFFER YARD B IS A, UH, A 20 TO 30 FOOT BUFFER YARD. THEN IF IT'S GONNA BE NEXT TO RESIDENTIAL, IN ADDITION TO, AND REMEMBER TO, THIS IS IN ADDITION TO THE SETBACK DISTANCE THAT I MENTIONED IN A PREVIOUS SLIDE. UM, NEXT TO RESIDENTIAL, WE WOULD RECOMMEND A BUFFER YARD SEAT FROM THE OLD DC AGAIN, WITH THE EIGHT FOOT WALL WALL HEIGHT. BUT THIS IS A 50 TO A HUNDRED FOOT, UH, BUFFER YARD WIDTH WITH, UH, CONSIDERABLY MORE TREES AND, UM, AND SHRUBS. AND THEN WHAT WE WOULD ALSO RECOMMEND IS, UH, THAT IN COMING TO PLANNING [00:40:01] AND ZONING AND THEN CITY COUNCIL FOR AN SUP, UM, APPLICATION, THAT THEY WOULD BE REQUIRED TO DO SOME NEIGHBORHOOD ENGAGEMENT SPECIFICALLY. UM, WE WOULD LIKE TO SEE THEM DO AT LEAST ONE MEETING WITH THE NEIGHBORHOOD. WE'LL COME BACK WITH THE SPECIFICS TO THIS IN THE CODE. UM, BUT WE, WE WANNA SEE, WE WANNA MAKE SURE THAT THE PEOPLE AROUND THEM HAVE BEEN INFORMED THIS IS HAPPENING AND THEY'VE HAD A CHANCE TO ASK QUESTIONS. UM, THEY WOULD BE REQUIRED TO MEET THOSE NFPA 8 55 STANDARDS. UM, AND ALONG WITH ANY CHANGES THAT COULD BE MADE TO THAT STANDARD IN THE FUTURE. AND THEN WE WOULD ALSO LIKE THE, THE APPLICANT TO PROVIDE A DECOMMISSIONING PLAN. SO WHAT HAPPENS SHOULD THAT USE EVER BE ABANDONED? THEY CAN'T JUST LEAVE ALL THAT STUFF BEHIND FOR US TO DEAL WITH. THERE HAS TO BE A PLAN IN PLACE. SOME OTHER COMMUNITIES HAVE EVEN INCLUDED A REQUIREMENT FOR BONDS TO TAKE CARE OF THAT. UM, STAFF FELT THAT WAS KIND OF HEAVY HANDED, UH, CONSIDERING RIGHT NOW WE, WE DON'T REALLY NECESSARILY SEE THE NEED FOR THAT, BUT THAT'S SOMETHING WE CAN CONSIDER IN THE FUTURE IF IT EVER BECOMES A PROBLEM. SO, UH, WITH THAT, UM, I AM PREPARED TO TAKE ANY QUESTIONS OR DIRECTION YOU MIGHT HAVE ONE SECOND, UM, QUESTION, WELL, A SUGGESTION ON THE MEETINGS, I WOULD LIKE TO SEE MORE THAN ONE MEETING BECAUSE AFTER THE FIRST MEETING, RESIDENTS MAY HAVE QUESTIONS. AND NOT ONLY THAT, DEALING WITH SCHEDULES OF CHILDREN AND JUST LIFE IN GENERAL, ONE MEETING DATE MAY NOT BE, MAY NOT GIVE EVERYONE AN OPPORTUNITY TO ATTEND. R REMEMBER TOO THAT, UM, RIGHT NOW OUR PUBLIC NOTICE REQUIREMENTS ARE THAT EVERY PROPERTY WITHIN 300 FEET, IF THERE'S A PUBLIC HEARING HAPPENING MM-HMM . EVERYBODY GETS A LETTER. UM, THAT MIGHT BE A MEANS TO THAT AS WELL. WE COULD INCREASE THAT TO, UM, UH, CERTIFIED MAIL OR SOMETHING LIKE THAT. WE COULD INCREASE THE, UM, MR. LAMONT, WE COULD INCREASE THE, UM, PUBLIC NOTICE REQUIREMENTS FOR A SPECIFIC THING, COULDN'T WE? SURE. SO, UM, REMEMBER TOO THAT ON ANY INDIVIDUAL SUP THAT COMES IN, YOU'RE GONNA SEE ONE LATER TONIGHT. MM-HMM . YOU CAN ADD IN CONDITIONS THAT YOU THINK ARE APPROPRIATE AT THE TIME. I WOULD STILL LIKE TO SEE IF THEY'RE GONNA HOLD THEIR OWN MEETING. WE WOULD REQUIRE THEM TO DO MORE THAN ONE MEETING. UM, WE ONLY HAVE OUR PUBLIC HEARINGS ON THE SECOND AND TH SECOND AND FOURTH THURSDAY OF EVERY MONTH. AND THAT MAY NOT BE GOOD FOR SOME CITIZENS. SO ADDING IN THEIR OWN ENGAGEMENT, THEY SHOULD BE ENGAGING OUTSIDE OF A COUNCIL MEETING. SURE. OKAY. MR. FRANCO. SO, UH, I KNOW YOU TALKED ABOUT SOME, SOME OTHER CITIES REQUIRE A BOND AND YOU KIND OF FELT THAT WASN'T POSSIBLE. AND I GET IT, A DECOMMISSIONING PLAN, THEY'RE, THEY'RE GONNA BE THERE, BUT MY ONLY CONCERN IS IF THE BUSINESS GOES OUTTA, IF THAT COMPANY GOES OUTTA BUSINESS, THEY'RE NOT THERE TO DECOMMISSION IT. SO THAT BOND WOULD ALLOW THE CITY TO THEN ACQUIRE, USE THAT MONEY FROM THE BOND TO PAY FOR THAT. SO THAT IS SOMETHING THAT I WOULD, I'D WANT SEE WHAT THOSE BOND AMOUNTS ARE FROM OTHER CITIES AND, AND WHAT IMPACT IT WOULD HAVE TO THE, UH, ON, ON THEM COMING AND NOT COMING. I, MY, MY ONLY, LIKE, MY REAL FEELING ON THAT IS, AGAIN, AS WE SEE THESE AS A, A BENEFIT TO THE COMMUNITY, WE DON'T WANT SOMETHING LIKE THAT OR REQUIREMENT LIKE THAT TO BE, UM, DETRIMENTAL. YEAH. SOMETHING THAT MIGHT CREATE A BARRIER TO THEM COMING TO THE COMMUNITY. SO, UM, I'LL DO A LITTLE BIT MORE RESEARCH ON THAT AND KIND OF SEE, I, I SAW WHAT IT WAS, I SAW ONE EXAMPLE AND I WENT, UH, THAT SEEMS A LITTLE HEAVY HANDED, SO I DIDN'T DO A LOT. SO LET ME, I'LL DIVE INTO THAT A LITTLE BIT MORE BEFORE WE BRING IT BACK. YEAH. IT, I'M, I'M NOT SAYING TO GO STRAIGHT ON HEAVY HANDED, BUT JUST A LITTLE BIT OF INSURANCE PROTECTION FOR THE CITY ALSO ON THAT. SURE. COUNCILWOMAN GRAHAM, UM, WHEN STAFF WAS SPEAKING, UM, ABOUT UPPING SOME OF THE RECOMMENDATIONS AS FAR AS SETBACKS FROM THE ROAD, AND YOU MENTIONED SOME, UH, LOOKING INTO FIRE POSSIBILITIES AND THINGS LIKE THAT. UM, DID Y'ALL COLLABORATE OR SPEAK WITH THE FIRE DEPARTMENT AT ALL? THEY'RE HERE TONIGHT TO ANSWER ANY SAFETY QUESTIONS. I'M NOT THE SAFETY GURU, SO I WOULD LOOK TO THEM FOR, FOR THAT. SO I HAVE A QUESTION THEN. WELL, MY DID YOU COLLABORATE WITH THEM AT ALL THOUGH, MR. SCRIBNER? YES. OKAY. YES. I HAVE BEEN IN CONTACT WITH, UH, MR. ABER, UH, REGARDING SOME OF THIS. AND KENNY AND I HAVE TALKED A LITTLE BIT AS WELL. SO COINCIDENTALLY, UM, COUNCILWOMAN ALVARADO AND MYSELF ARE GOING THROUGH THAT COMMUNITY EMERGENCY RESPONSE. AND JUST YESTERDAY OR TUESDAY, EXCUSE ME, THEY WERE SPEAKING TO US ABOUT, UM, SOME OF THESE BEST FACILITIES. AND THE FIRE CHIEF THAT WAS THERE WAS TELLING US THAT, UM, IT CAN TAKE QUITE A BIT OF WATER AND RESOURCES TO PUT OUT SOME OF THESE FIRES. AND SO IT WAS INTERESTING TO ME ON ONE OF THE SLIDES IT SAID THAT, UM, THEY'RE SUPPOSED TO SELF-CONTAINED THE FIRE. UM, THAT WASN'T INFORMATION THAT WAS PRESENTED TO US YESTERDAY WHEN THEY SPECIFICALLY TALKED TUESDAY, EXCUSE ME, WHEN THEY SPECIFICALLY TALKED ABOUT SOME OF THE SMALLER UNITS, YOU HAD A PICTURE OF ONE THAT'S [00:45:01] IN A HOUSE OR A FACILITY. AND I KNOW THESE AREN'T ALL THE SAME THINGS, BUT YOU DID INCLUDE IT ON THE SLIDE. SO MY QUESTION IS, UM, AS THE HEAD OF OUR FIRE DEPARTMENT, DO YOU FEEL LIKE OUR COMMUNITY WOULD BE PREPARED IF THERE WERE TO BE A FIRE WITH ONE OF THESE UNITS? YES. UM, AS WAS MENTIONED, THE FIRE MARSHAL'S OFFICE HAS BEEN INVOLVED WITH THE DISCUSSIONS. AND SO THE RECOMMENDATIONS COME FROM THE INPUT FROM THE FIRE MARSHAL'S OFFICE. UM, I WILL SAY THAT, UH, FIRE MARSHAL'S HERE AND HE CAN GIVE YOU MORE DETAILS IF YOU'D LIKE ABOUT SOME OF THE, UM, CONSIDERATIONS THAT WE HAD. BUT WE FEEL THAT, UH, THE REQUIREMENTS, PARTICULARLY WE HAVE, UM, NFPA 8 55, THAT HELPS TO, UM, OUTLINE SOME OF THE REQUIREMENTS THAT WOULD BE NEEDED FOR THE FACILITY. BUT WE FEEL LIKE, UM, WITH THE PERMIT PROCESS AND THOSE THINGS BEING ADDRESSED, THAT UH, THE RISK WOULD BE MOSTLY HANDLED RIGHT THERE AT THE SITE AND WE WOULDN'T WORRY ABOUT IT, BE TOO CONCERNED ABOUT ANY BIGGER ISSUES COMING FROM IT. NO, AND I REALLY APPRECIATE, UH, STAFF GOING ABOVE AND BEYOND TO ALSO HAVE THE FIRE MARSHAL AND EVERYBODY INVOLVED IN THIS, JUST 'CAUSE THERE WAS, UM, SOME PRETTY SERIOUS THINGS THAT THE, THE OTHER CITY WAS TALKING TO US ABOUT. SO THANK YOU. THAT ANSWERED ALL MY QUESTIONS. COUNCILWOMAN ALVARADO, UM, JUST A QUESTION TO FOLLOW UP ON THAT. AND I KNOW IT HAS A PROCESS TO SELF-CONTAINED, BUT HAVE WE LOOKED AT, UM, PERHAPS IT NOT WORKING AND WHAT'S THE SECONDARY LEVEL OF PROTECTION SHOULD THAT INITIAL SUPPRESSION NOT WORK? ALRIGHT, I WANNA ASK JD TO COME UP , HE CAN GET INTO THE DETAILS A LITTLE BIT MORE. ALRIGHT. EVENING COUNSEL, JDA BEAR, UM, MOST OF THESE FACILITIES, THEY HAVE MORE THAN JUST ONE TYPE OF, UH, SUPPRESSION OR, OR SAFETY. SO, UH, THEY'RE LIMITED BY NFPA AND, AND BY A LOT OF OTHER REGULATIONS AND STUFF, HOW MANY BATTERIES COULD BE NEXT TO EACH OTHER, HOW THEY'RE CONNECTED TOGETHER AND ALL THAT TYPE OF STUFF. SO THEY HAVE THERMAL OVERLOAD SWITCHES THAT WOULD START THE PROCESS, IF ANY, IF IT, THE HEAT GETS TOO HIGH, THEN IT, THEN IT RUNS INTO, UH, THERE'S ONLY FOUR BATTERIES IN ONE AREA AND THEY'RE SEPARATED BY WHAT THEY'RE SEPARATED BY TO KEEP HEAT OR, OR, OR ALL THAT FLAME FROM THE OTHER ONES. SO THERE'S, THERE'S MULTIPLE THINGS IN THERE. UM, THE OLD SYSTEMS AND WHAT Y'ALL WERE PROBABLY BEING TALKED TO ABOUT MAY, THE LITHIUM BATTERIES NOWADAYS IN CARS, THERE'S NOTHING TO STOP THOSE FROM BURNING. UH, THERE'S NEW TECHNOLOGIES COMING OUT. UH, THESE, EVEN THESE, THESE UPTODATE FACILITIES, THEY DON'T HAVE ANY ACTUAL SUPPRESSION SYSTEM IN 'EM. UM, BECAUSE THERE'S, THERE'S NOTHING YOU CAN DO TO PUT MOST OF THOSE OUT. THERE'S NEW TECHNOLOGIES AND WE JUST SAW SOME ABOUT A MONTH AGO THAT'S COMING OUT THAT WILL ENCAPSULATE THESE BATTERIES AND PUT THE FIRE OUT, BUT, UH, OR CONTAIN IT SO IT STOPS BURNING. MM-HMM . BUT THESE TYPES OF FACILITIES ARE SO HEAVILY, HEAVILY REGULATED BY, UH, NFPA UI, EVERYBODY, UH, STATE REGULATIONS, FEDERAL REGULATIONS, THEY GOT A LOT OF SAFETY FACTORS IN THEM. AND THERMAL RUNAWAY IS NOT REALLY, UH, UH, AS COMMON AS IT USED TO BE. UM, WE TALKED TO A LOT OF OTHER CITIES THAT HAVE THESE IN, IN THEIR CITIES AND THEY DIDN'T HAVE ANY HEARTBURN. PUTTING IN THE MODERN ONES, UH, WASN'T THAT BIG OF A DEAL. THEY DIDN'T GO OVER THE REQUIREMENTS THAT ARE ALREADY OUT THERE FOR 'EM. SO WE DIDN'T HAVE A LOT OF HURT HEARTBURN, WE DID, WE WERE KIND OF STRICT WITH OUR FIRE LANES THAT WOULD GET INTO THERE MM-HMM . UM, AND THEN HAVING ACCESS TO A CONTROL PANEL OUTSIDE OF THE FACILITY THAT WE COULD ACCESS. SO OTHER THAN THAT, UH, THERE, THERE'S A LOT OF SAFETIES THAT ARE INVOLVED IN THEM, SO. OKAY. I APPRECIATE IT. THANK YOU. COUNCILMAN POWELL. I, I THINK ONE OF THE THINGS I FOUND IN MY, UM, RESEARCH TOO IS THAT, I MEAN, WHILE MELTDOWNS KIND OF HAPPEN AND FIRES HAPPEN OCCASIONALLY, UM, THE, THE WORST ONE I HEARD ABOUT WAS LIKE FIVE OR SIX YEARS AGO IN ARIZONA WHERE IT REALLY, WHAT IT STEMMED FROM THERE WAS A FIRE. AND AT THE TIME I THINK THE LOCAL FIRE DEPARTMENT WASN'T EDUCATED WELL ON HOW TO HANDLE IT, AND THEY OPENED UP THE DOORS AND THAT CREATED A BIG PROBLEM. SO IT, THAT IS ONE OF THE THINGS THAT WE'VE HEARD FROM PRETTY MUCH ALL OF OUR APPLICANTS THAT FOR THESE PROPOSED SITES, IS THEY'RE, THEY ARE OFFERING TO COME IN AND MAKE SURE THAT OUR FIRE DEPARTMENT IS TRAINED ON ALL THE LATEST, WHICH OBVIOUSLY THESE GUYS ARE KEEPING UP TO DATE ON IT ANYWAY, BUT HAVING THE PEOPLE WHO ARE ACTUALLY PUTTING IT IN COME IN AND SAY, THIS IS HOW THIS GETS HANDLED. AND I THINK, AGAIN, I DON'T WANNA SPEAK FOR THEM. WHAT I'M MOSTLY HEARING IS IT'S A SIT BACK AND WAIT GAME AND IT'S KNOWING WHEN TO GO IN AND WHEN TO, WHEN TO STAND BACK FROM IT. THAT, THAT SOUND ABOUT RIGHT. MM-HMM . YEAH. UM, UH, GOING BACK TO THE, SOME OF THE SUP REQUIREMENTS YOU HAD, UH, THE EIGHT FOOT MASONRY, I THINK IS WHAT YOU WALL MM-HMM . UM, I THINK THAT MAY BE A BIT MUCH. OKAY. UM, JUST THINKING THESE ARE ALL GONNA BE NEAR, UH, SUBSTATIONS OR SUBSTATIONS ARE GONNA BE BUILT. AS FAR AS I KNOW, CENTER POINT DOESN'T HAVE ANY REQUIREMENT TO BUILD A MASONRY WALL. UM, WE'RE GONNA END UP WITH CYCLONE FENCE WITH BARBED WIRE AROUND THE TOP AND A NICE MASONRY WALL NEXT TO IT. [00:50:01] UM, I, I MEAN, SO I DON'T KNOW IF THAT REQUIREMENT IS REALLY GONNA ENHANCE THE LOOK OF THE OVERALL AREA THAT MUCH. UM, YOU, YOU MAY HAVE BETTER LUCK WITH THE LANDSCAPING BUFFER. UM, AND I'M JUST THINKING A LOT OF TIMES WHEN WE, WHEN WE GO FOR THAT HIGHER QUALITY WALL, UM, YOU KNOW, IT'S, IT'S MAYBE WE TALK A LOT ABOUT WAREHOUSING. PEOPLE DON'T WANNA SEE ALL THE TRUCK MOVEMENT. THERE'S REALLY NO MOVEMENT INSIDE THIS YARD AT ALL. THERE'S NOTHING, UH, AESTHETICALLY THAT, THAT, UH, I DON'T KNOW THAT WOULD BOTHER THE NEIGHBORS MAYBE. UM, SO I, I, I'D MAYBE RELAX THAT A BIT. OKAY. UM, I'M KIND OF INTERESTED TO SEE THE, UM, THE SETBACKS. UH, MAYBE WE'D HAVE TO HEAR FROM SOME DEVELOPERS TO KNOW IF THOSE ARE ADEQUATE. I KNOW, I MEAN, OBVIOUSLY IF YOU GO TOO LARGE, YOU START EATING UP SO MUCH OF THE LAND, IT MAKES THE, IT, IT, IT, IT'S NOT A VIABLE PROJECT ANYMORE. UM, ONCE YOU HAVE SO LARGE OF A SETBACK. SO, BUT, UH, YOU KNOW, I DON'T KNOW WHAT IS THE RIGHT NUMBER THERE. WE MAY HAVE TO JUST, UM, OBVIOUSLY WE'RE STARTING FROM SCRATCH HERE, SO WE MAY HAVE TO SEE WHAT A FEW OF THESE, UM, FEW OF THE DEVELOPERS SAY AND, AND MAYBE WE ADJUST, I THINK, LIKE YOU SAID, AS A PART OF THE SUP PROCESS, WE CAN TWEAK IT AS NEEDED. RIGHT. UM, I GUESS THIS WOULD BE A STARTING POINT AND I WONDER IF THAT'S JUST KIND OF THINKING OUT LOUD, UH, IF THAT'S SOMETHING WE CAN LOOK AT ON A SLIDING SCALE, DEPENDING ON HOW MANY OF THESE UNITS YOU'RE GONNA HAVE IN THERE, MAYBE THAT IS AN ADJUSTMENT FOR YOUR, FOR YOUR, UM, SETBACKS DURING AN SUP PROCESS. WE CAN ALWAYS MAKE, WE CAN ALWAYS MAKE IT MORE RESTRICTIVE, BUT DURING AN SUP WE CAN'T MAKE IT LESS RESTRICTIVE. THAT'S A DIFFERENT PROCESS. OKAY. SO I'D MORE WANT TO ERR ON THE SIDE OF OKAY. IF IT'S, AND AGAIN, I'D, I'D HAVE TO DO MORE RESEARCH ON WHAT I THINK WOULD BE APPROPRIATE, BUT I THINK WE COULD MAYBE PUT TOGETHER SORT OF A SLIDING SCALE ON THAT DEPENDING ON THE SIZE OF THE FACILITY. OKAY. IF THAT MAKES SENSE. YEAH, I'D LIKE TO SEE A LITTLE MORE DATA AND 'CAUSE OFF THE TOP OF MY HEAD, I'M JUST NOT FAMILIAR WITH WHAT OUR OTHER STANDARD SETBACKS ARE. UM, YOU KNOW, UM, THIS COULD GO IN, IN OUR INDUSTRIAL ZONING NOW. AND SO MAYBE COMPARING TO SOME OF OUR, UH, SETBACKS FOR INDUSTRIAL, UH, I, I JUST DON'T KNOW. I DON'T HAVE ALL OF THE CODE MEMORIZED MOST OF IT, BUT, UM, OF COURSE. SO MAYBE SEEING A COMPARISON THERE WOULD, WOULD HELP US A LITTLE BIT. UM, BUT OVERALL GLAD TO SEE US DOING THIS. UM, I MEAN WE'RE, BAYTOWN IS GONNA BE APPROACHED A LOT FOR THIS JUST 'CAUSE THEY'VE GOTTA BE NEAR THOSE, THOSE HIGH VOLTAGE SUBSTATIONS, THE LINES AND WE HAVE 'EM ALL THROUGH TOWN JUST 'CAUSE OF INDUSTRY. SO, UM, THIS, WE'RE GONNA GET A LOT OF THESE OPPORTUNITIES, SO THANKS FOR BRINGING THIS TO US. YOU'RE WELCOME. I, I DID SEE IN SOME COMMUNITIES THEY ALLOW 'EM ANYWHERE IF THEY, IF THEY'LL DO A SPECIAL USE PERMIT. UM, I DIDN'T SEE THAT. WE'VE BEEN KIND OF TURNING THEM AWAY IF THEY'RE LOOKING AT, IN BEING IN A RESIDENTIAL AREA OR WE'RE JUST TELLING THEM YOU'RE GONNA NEED TO DO A REZONE FOR THAT. AND WE TRY TO GIVE THEM AN HONEST OPINION ON, AGAIN, WE REZONE IT TO GENERAL COMMERCIAL, IT ALLOWS ANYTHING THE GENERAL COMMERCIAL ALLOWS. SO WE TRY TO BE HONEST WITH 'EM ABOUT IT AND SAY, YOU HAVE A GOOD, YOU KNOW, YOU HAVE A GOOD CHANCE AT THIS OR YOU DON'T HAVE A GOOD CHANCE AT THIS. UM, BUT WE, AND WE DIDN'T SEE THE USE IN DOING THAT IN INDUSTRIAL, CONSIDERING WHAT BAYTOWN ALREADY HAS AS INDUSTRIAL. THIS IS MINOR. SO, UM, SO WE'RE, WE'RE TRYING TO BALANCE THAT TO SOME EXTENT. YEAH. APPRECIATE IT. HOW MANY OF THESE DO WE HAVE NEAR NEIGHBORHOODS, RESIDENTIAL NEIGHBORHOODS ALREADY? UM, WELL, RIGHT NOW WITHIN THE CITY OF BAYTOWN, WE ONLY HAVE, WE DON'T HAVE ANY. OKAY. UM, THE ONE THAT YOU GUYS APPROVED THE SPECIAL USE PERMIT FOR, REMEMBER IT WAS LAST YEAR OR LATE THE YEAR BEFORE. THEY'VE NOT BUILT YET. THAT STILL HASN'T BEEN DONE. SO THAT WAS THE ONLY ONE WE'VE HAD IN, IN FRONT OF YOU GUYS. UM, WE HAVE HAD, I'D SAY IN THE LAST YEAR AND A HALF, I'VE PROBABLY SEEN SIX PROPOSALS. UM, A COUPLE OF THEM WERE RELATIVELY CLOSE TO RESIDENTIAL. UM, AND SO WE'VE, WE'VE KIND OF WALKED 'EM THROUGH SOME OF THE STUFF THAT I'VE PRESENTED TONIGHT TO SAY, OKAY, WE'D REALLY LIKE TO SEE BIGGER SETBACKS, WE'D LIKE TO SEE MORE SCREENING, WE'D LIKE TO SEE, YOU KNOW, WHATEVER THAT IS. AND THEY'RE PRETTY OPEN TO THAT STUFF SO FAR. SO, UM, BUT AS OF RIGHT NOW, WE DON'T HAVE ANY IN THE CITY THAT ARE, THAT WERE, HAVE GONE THROUGH OUR PROCESS. WHERE WAS THAT OTHER ONE APPROVED? I WASN'T HERE LAST YEAR. UM, ON, ON GARTH, THERE'S A SUBSTATION THERE KIND OF BEHIND BALDY IN THAT AREA. YEAH, YEAH. THAT, THAT WAS A YEAR AGO. THAT WAS MORE THAN A YEAR AGO REALLY. I THINK IT WAS AT LEAST A YEAR AND A HALF AGO. MAYBE TWO YEARS AGO. OKAY. YEAH. BUT IT'S GONNA BE ANYWHERE YOU HAVE THOSE LINES. SO I'M THINKING LIKE, WE HAVE, THERE'S A LINE THAT RUNS, KIND OF PARALLELS 1 46, UM, BEHIND LINWOOD AND THEN TURNS THERE NEAR, UH, PINEHURST. MM-HMM . YOU HAVE A LINE THAT PARALLELS THE TRACKS, CROSSES MASSEY T AND THEN RUNS RIGHT BY JENKINS PARK. SO THERE ARE, YOU KNOW, THAT'S RESIDENTIAL AREAS, ANYWHERE THOSE LINES PASS THROUGH. [00:55:01] YEAH. AND AGAIN, THEY DON'T CREATE, LIKE YOU SAID, THEY DON'T CREATE A LOT OF SMELLS OR SOUNDS OR ANY OF THAT STUFF, EXCEPT FOR WHEN THEY'RE BUILDING IT AND PUTTING IT TOGETHER AND THEN THEY KIND OF, UNLESS THEY'RE DOING MAINTENANCE, THEY LET 'EM SIT. SO, UM, AND, AND THAT ONE THAT WE'RE TALKING ABOUT, IT'S TWO ACRES. I WANNA SAY IT WAS FOUR, WAS IT FOUR, UM, UNITS. I THINK FOUR OF THOSE CONTAINERS. WE'VE GOT SOME IN FRONT OF US NOW. THERE ARE 10 ACRES WITH 60 UNITS ON IT. SO IT, THAT'S KIND OF A BIG DIFFERENCE. UM, ALSO, THIS IS IN A PREDOMINANTLY COMMERCIAL AREA. WE HAVE OTHER ONES THAT ARE LIKE, THEY JUST WANT TO GET ON THE GRID, THEY JUST WANT TO GET CLOSE TO A SUBSTATION. THEY WANT TO GET A BIG ENOUGH PIECE OF PROPERTY THAT, THAT CENTERPOINT CAN PUT IN A SUBSTATION. UM, THOSE ARE A LOT OF TIMES THEY BACK UP TO, TO NEIGHBORHOODS AT LEAST, YOU KNOW, TO, TO WITH SOME, SOME PROXIMITY. SO, AND WE, WE JUST WANT TO BE SENSITIVE ABOUT THAT BECAUSE IF I SAW THAT GOING IN BEHIND MY HOUSE, I WOULD HAVE QUESTIONS. I UNDERSTAND. OKAY. ANYTHING ELSE? NONE. THANK YOU MR. SCRIBNER. PERFECT. THANK YOU ALL FOR THE DIRECTION. I APPRECIATE IT. TAKE A POINT OF PRIVILEGE. I'D LIKE TO ACKNOWLEDGE TO FORMER COLLEAGUES. UM, ONE PERSON I SERVED ON HGAC WITH AND HE WAS FORMER MAYOR OF SUGARLAND, MAYOR ZIMMER. WOULD YOU LIKE TO COME UP AND HAVE A FEW WORDS? OH, NO SIR. I'M, I GOT YOU. AND OF COURSE, MR. MAYOR BRANDON CILLO, WOULD YOU LIKE TO COME UP AND HAVE A FEW WORDS? NO SIR. I'M HERE TO OBSERVE MAYOR ZIMMERMAN, . KEEP HIM IN LINE. KEEP HIM IN LINE. RIGHT. SO, BUT THANK YOU BOTH FOR YOUR YEARS OF SERVICE. UM, IT WAS A PLEASURE SERVING WITH YOU, MR. ZIMMERMAN ON HGAC. AND BRANDON, RIGHT ALONGSIDE YOU HERE FROM THIS DIOCESE. HAVE AN EXHAUSTED EVERYTHING ON THIS AGENDA. I NOW ADJOURN. I WILL WORK SESSION. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.