[2. Consider approval of a conditional use permit to construct a 32,529 square foot expansion and reconfiguration of the curb side pick-up area located at 5401 S. 1626. (HEB Plus - CUP-23-0098)]

FOUR. ITEM FOUR CONSIDERED IMPOSSIBLE ACTION. UH NUMBER TWO. CONSIDER APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT A 32,529 SQUARE FOOT EXPANSION. AND CON RECONFIGURATION OF THE CURBSIDE PICKUP AREA. LOCATED AT 54 01 SOUTH 1626. THIS IS HEB PLUS DASH CUP DASH 23-0098, AND I THINK WE HAVE A PRESENTATION FROM, UH FROM JASON LIGHTS, MISTER LUTZ. YES. THANK YOU. CHAIRMAN COMMISSIONERS. GOOD EVENING. UM LET ME BRING UP JUST A QUICK SECOND. I'LL PULL UP MY PRESENTATION. OK UM SO WE'RE HERE TONIGHT? UM, AGAIN. THIS IS AC UP FOR BUILDING MATERIALS. UH, THE EXISTING HEB SIDE IS DOING AN EXPANSION AND THEY ARE IN OUR, UH, 35 OVERLAY ZONING DISTRICT. UH SORRY. GIVE ME ONE SECOND.

THIS IS IN MY WAY. UM, SO THE APPLICANT IS LOOKING AT A 32,000 SQUARE FOOT EXPANSION OF THE EXISTING FACILITY. THEY'RE ALSO LOOKING AT A RECONFIGURING THE EXISTING, UH, CURBSIDE PICKUP AREA MOVING THAT FROM THE BACK TO THE SIDE OF THE BUILDING. UM THE PROPERTY IS OWNED RS AGAIN.

IT IS IN THE I 35 OVERLAY DISTRICT. UM, SO, AS YOU KNOW, THIS DISTRICT HAS ADDITIONAL STANDARDS FOR LANDSCAPING BUILDING MATERIALS, UM, AND CIRCULATION OF THE PROPERTY. UM, MOST SPECIFICALLY IT IT REQUIRES , UH, BRICK STONE, AND IT HAS A PREFERRED COLOR SCHEME, BUT THE PREFERRED IT AGAIN PREFERRED NOT REQUIRED ON, UH, THE COLOR SCHEME. UM SO THEY'RE LOOKING AT AN ADDITION THEY'RE GONNA INCLUDE MULTIPLE MATERIALS ON THIS ONE. THERE'S LIMESTONE VENEER CAST STONE FIBER CEMENT BOARD, BRICK, UH, CORRUGATED METAL PANELS. STUCCO UH, CMUE, UH AND THEN A TRADITIONAL GLAZING. UM SO YOU CAN SEE HERE. THE EXISTING STORES KIND OF HIGHLIGHTED IN THE LIGHT. WHITE UM, THE ORANGE IS THE NEW EXPANSION AREAS. UH FOR THE FACILITIES. UH, SOME OF THEM ARE ADDITIONAL SHOPPING AREAS. SOME OF OUR COOL STORAGE SPACES. UM SO JUST KIND OF DEPENDS ON ON WHAT YOU'RE INTERESTED IN. UH, BUT AGAIN, OUR OUR REAL FOCUS ISN'T THE EXPANSION BUT THE EXTERIOR SO, UH, IT CAN TAKE A LOOK HERE. THIS IS THE FRONT ELEVATION OF THE HEB. PLUS UM THE COLORED AREAS ARE WHAT'S GONNA BE THE NEW FACADE? UH, THE GRAY OUT AREA THAT SEE IS OR WHITE IS THE EXISTING THERE WON'T BE ANY CHANGE TO WHAT IS THERE? THIS IS THE CURBSIDE ELEVATION. UH, FOR YOUR REFERENCE, SO THIS IS, UH UH YOU ON 35. THIS IS WHAT YOU'LL BE SEEING AS YOU DRIVE BY. THIS IS THE REAR ELEVATION ON TRAIL BRIDGE. AND THEN THE INTERIOR SIDE ELEVATION AS AS WE CALL IT IT, IT'S THE SIDE FACING THE REST OF THE DEVELOPMENT. UM, HERE'S THE MATERIAL BREAKDOWN. UM SO YOU CAN SEE THE ELEVATIONS ARE BREAKING BROKEN DOWN BY THEIR EACH ELEVATION IS BROKEN DOWN BY THEIR MATERIAL TYPE. SO 16% STUCCO TILE PANELS 9% STONE VENEERS AT 11. AND THEN THERE'S THE SORRY CURBSIDE ELEVATION. UM THE FRESH ELEVATION IS ACTUALLY THAT THAT KIND OF INTERIOR SIDE UM AND THERE'S TWO SECTIONS ON THERE. AND THEN THERE'S THE BUILDING TOTAL. UM SO, AS YOU KNOW, UM, THE APPLICANT IS

[00:05:05]

REQUESTING THIS BE PRESENTED, AS IS, UM, THAT DO NOT NECESSARILY MEET THE STRICT REQUIREMENTS OF OUR OVERLAY BUILDING. BUT THERE ARE SOME SOME LANGUAGE IN OUR CODE. THEY DON'T HAVE TO BRING THE ENTIRE BUILDING UP TO SITE. UM, IT'S NOT A 50% INCREASE IN THAT PROJECT. UM, THERE ARE SOME OUTSTANDING, UM YOU STILL, UH, COMMENTS THAT ARE PENDING ON THESE PROPOSED SITE PLAN, UM, MOST TO DO WITH SIDEWALK PLACEMENT. UM, STAFF IS REQUESTING OR REQUIRING THE SIDEWALK ALONG OLD BRIDGE TRAIL ROAD. UM AND THEN ON THE I 35 FRONTAGE. SO UM, SIDEWALKS WE REQUIRE ON ON ALL FRONTS. UH, BECAUSE OF THE ADDITIONAL DEVELOPMENTS THAT ARE IN THE AREA. THIS IS GOING TO BE A BIG BIG ASK, UH OR BIG NEED FOR THE CITY. UM SO AGAIN, SOME MINOR LANDSCAPING STUFF. THAT'S NOT READY FOR YOUR APPROVAL TONIGHT. UM, SO STAFF IS ASKING THAT IF MAKE A MOTION TO APPROVE THIS THAT YOU ALSO INCLUDE MOTION TO LET STAFF HANDLE THAT THROUGH THE DEVELOPMENT SITE PLAN PROCESS. UM, IT'S GENERALLY THE WAY WE HANDLE MOST OF THOSE, BUT WE DO SHOW YOU ALL THOSE LANDSCAPE PLANS ON NEW CONSTRUCTION IN CASE YOU HAVE ANY CONCERNS, BUT, UM, TONIGHT WE'RE NOT READY FOR THAT. SO UM, I'LL BE WILLING TO ANSWER ANY QUESTIONS. YOU HAVE THE APPLICANTS AVAILABLE AS WELL. IF YOU HAVE ANY QUESTIONS FOR THEM.

COMMISSIONER SHIEL UM, FIRST OF ALL, HOW IS THAT EXPANSION GOING TO AFFECT THE TRAFFIC FLOW THROUGH THAT CURBSIDE? AREA IS THAT GOING TO TAKE AWAY SOME OF THE, UH, PARKING SPACES THAT YOU HAVE FOR IT? UM YOU WANNA ANSWER THAT? AND SO THE RELOCATION IS GONNA MOVE FROM THE BACK TO THE FRONT. UM SO THEY'RE ADDING SOME MORE CIRCULATION ROUTES. UM IT'S ALREADY IN THE SIDE. IT'S NOT IN THE BACK. IT'S IN THE SIDE. THAT'S WHERE EVERYBODY PARKS ANYWAY. OK, UM SORRY. UM THE I 35 ADJACENT IS WHAT I'M CONSIDERING THE SIDE. SO THAT'S WHERE ALL THE PARKING FOR CURBSIDE IS NOW, SO THEY ARE RECONFIGURING THAT I DON'T KNOW THE TOTAL NUMBER OF SPACES OR YOU'VE BEEN ABLE TO ANSWER THAT ONE. UH, UM AND THAT'S THE ONE WHERE WE'RE REALLY NEEDING TO RECONFIGURE ON THE LANDSCAPING, UH, OF THE LANDSCAPING PORTION. OK, ONE TREE. UM E. EVERY SPACE HAS TO BE WITHIN 50 FT OF A TREE . THEY DIDN'T HAVE ANY TREES IN THERE, SO THAT MAY CHANGE A LITTLE BIT, BUT IT'S NOT GONNA CHANGE OVERALL. I JUST KNOW THAT YOU KNOW, ADDING THAT MANY MORE MEANS. YOU KNOW THAT MUCH MORE SPACE THAT'S PROBABLY GONNA TAKE OUT SOME OF THE CURRENT PARKING SPACES. AND THEN, UM YOU KNOW HOW THAT F BECAUSE RIGHT NOW, THE FLOW TECHNICALLY IS YOU HAVE TO GO ALL THE WAY AROUND THE BUILDING. TO GET TO THAT AND COME OUT. TOWARDS THE SOUTH. SO YOU YOU CAN'T TURN YOU'RE NOT SUPPOSED TO ANYWAY. TURN NORTH INTO CURBSIDE. IT'S ALL SUPPOSED TO GO AROUND THE BUILDING. AND THAT'S WHY I JUST WANNA DOUBLE CHECK ABOUT THE THIS ONE IS GOING TO BE A ONE WAY. UM IN, UM SO YOU'LL I MEAN, I DON'T KNOW IF YOU CAN SEE IT ON THIS IMAGE HERE. I DON'T KNOW IF I CAN ZOOM IN, UM SO THEY WILL COME IN AND GO, UM TOWARDS THE BACK OF THE BUILDING ALONG THE SIDE, AND THEN THEY CAN, THEY CAN GO BACK AND FORTH, BUT ULTIMATELY IT WILL LOOP THEM OUT BACK THE REAR. THEY WONT BE SO THAT'LL BE GOOD. OK SO IT'LL BE LOOPING TO THE NORTH AND IS THERE UM WHERE IS THE CLOSEST CUT OUT TO THE ROAD? RIGHT NOW. THEY'RE STILL GONNA USE THE EXISTING CUT OUT. THAT'S THERE, SO THEY'LL THEY'LL TRAVERSE THROUGH THE ENTIRE BACK OF THE PROPERTY. UM AND THEN COME. THEY'RE NOT PLANNING ANY NEW CURB CUTS AT THIS TIME. UM, I DO KNOW THERE'S SOME DISCUSSION. UM MOVING FORWARD WITH THEM ABOUT POSSIBLY REP PLOTTING, UM, DOING SOME STUFF WITH SOME EASEMENT. SO MAYBE AT THAT POINT, THEY THEY RECONFIGURE THAT, BUT AT THIS POINT, THEY'RE NOT LOOKING AT AN ADDITIONAL CURB CUT. UM, THE CITY IS PROBABLY AT THE POINT WHERE THEY'VE GOT AS MANY CURB CUTS AS WE WOULD GIVE THEM, UM AND KIND OF JUST DEPENDS ON FUTURE EXPANSION THERE, RIGHT. BUT, YOU KNOW, CARS AND 18 WHEELERS, YOU KNOW, TRYING TO GET AROUND BACK THERE. YOU KNOW, AS THEY HAVE TRUCKS COMING TO RESUPPLY, AND THEN THE OTHER COMPANIES, YOU KNOW THE OTHER BUSINESSES DOWN HAVE TRUCKS COMING IN TO RESUPPLY THEM AS WELL. YOU KNOW, I JUST AM CONCERNED ABOUT THAT NOT HAVING A WAY TO GET OUT BEFORE HAVING TO HIT ALL THE THAT BUT THAT'S ME. AND YES. SO WHEN UH, PETER BRENNING WITH PB TWO ARCHITECTURE AND ENGINEERING. UH, WE ARE THE ARCHITECT OF RECORD ON THE PROJECT. SO IN TERMS OF THE PARKING REQUIRED, WE HAVE 700 OR THERE'S SUPPOSED TO BE 726 SPACES AND WE HAVE 1057 SPACES. I MET CURBSIDE PARKING CURBSIDE. UM WE HAVE

[00:10:09]

BOTH CURBSIDE AND PHARMACY. CURBSIDE IS IN THE NEIGHBORHOOD OF 40 TO 50. AND PHARMACY. IT'LL BE A DRIVE THROUGH OR A CANOPY PHARMACY, SO IT'LL BE FIVE SPACES FOR THAT. MM. YOU'RE WELCOME. MHM. I HAD A JUST A QUESTION OF CURIOSITY. IF, UH, IF I MAY, UM DOES THIS STORE BUILD OUT? THE ORIGINAL ONE PREDATE THE OVERLAYS STANDARDS. I BELIEVE SO, UM, SEVERAL YEARS.

UM I. I DON'T RECALL THE YEAR THAT OVERLAY WAS ADOPTED, BUT I DO KNOW, UM THIS HUB I BELIEVE STARTED UNDER CONSTRUCTION 0708 TIME FRAME, UM, MAY HAVE BEEN PERMITTED PRIOR TO THAT. THE SORRY THE OVERLAY DISTRICT WAS IMPLEMENTED IN 2003, AND THE STORE WAS BUILT AROUND 2007 2008. REASON I WAS ASKING ASKING IS THE CURRENT STORE SEEMS TO BE LIKE CONCRETE PANELS OR TILT WALL PLUS S AND GRASS AND CORRUGATED METAL NOW. AND THEN IF I'M READING THIS CORRECTLY, THERE'S GOING TO BE AN ATTEMPT TO USE MORE MATERIALS, DIFFERENT MATERIALS. THE MORE OR LESS CONFORM TO THE OVERLAY STANDARDS . NOW AM I UNDERSTANDING THAT CORRECTLY? UM THERE'S A MIX. I MEAN, IT'S NOT GONNA GET CLOSE TO THE 90% THAT WE'VE WE'VE DISCUSSED IN HERE, UM, IT IT WILL KIND OF MATCH. WHAT'S THERE ? UM I YOU KNOW, I DON'T THINK ANY OF US WERE AROUND WHEN THE FIRST BUILDING WAS BUILT, SO I COULDN'T TELL YOU WHAT, WHAT THAT PROCESS WAS, UH, GOING THROUGH THE I 35 OVERLAY, BUT, UM, THEY THEY'RE TRYING TO DO AN ADDITION THAT MATCHES THE EXISTING AND STILL KIND OF MEET. OUR OUR CODES. UM AND THEN, OBVIOUSLY STICKING WITH THEIR KIND OF THEIR BRAND. UM, YOU KNOW, THAT'S A BIG ISSUE FOR THEM AS WELL. WE DID HAVE CONVERSATIONS EARLY ON ABOUT TRYING TO BRING THE BUILDING UP TO CODE TO STANDARD, ADDING MORE BRICK, UM, TO SOME OF THE EXISTING FACE FACADES. UM BUT THERE'S STRUCTURAL ISSUES WITH THAT WHEN YOU KNOW THOSE WALLS. UH, THOSE FOOTINGS WERE WERE JUST NOT DESIGNED FOR THAT TYPE OF ENGINEERING. AND SO TO KIND OF COME BACK AFTER THE FACT. I MEAN THAT THAT'D BE VERY DIFFICULT TO WELL, AT LEAST THE EAVES THAT I'VE SEEN OUT THERE ALREADY, YOU KNOW, AND DO MIMIC THE, UH, STUCCO FINISH SO. JASON JUST A QUICK ONE ON THE LANDSCAPING. I'M ASSUMING THAT THE LANDSCAPING FOR NOT SEEING THAT PLAN HERE, IT'S GOING TO, UM, MEET OUR OUR CITY CODES AND, UH, AND THE OBJECTIVES OF THE I 35 OVERLAY. YES, SIR. WE'VE DONE OUR FIRST ROUND OF REVIEW COMMENTS, UH, SENT THOSE OUT. WE'RE JUST WAITING FOR THE THOSE UPDATES. UM I THINK THE BIGGEST ISSUES FROM A STAFF PERSPECTIVE WHERE THE TREES IN THE PARKING AREAS, UM, FOR THE NEW RECONFIGURATION, MAKE SURE THEY HIT THAT. UM AND THEN THERE WAS SOME MITIGATION. THERE WERE THEY BECAUSE OF THE DRIVEWAY CONFIGURATION. THEY WERE TAKING OUT A COUPLE OF TREES. UM THERE WAS A I THINK, A 15 INCH UH, OAK TREE THAT WAS PLANNED TO BE REMOVED. ONE OF OUR COMMENTS WAS TO SEE IF THEY COULD DO SOMETHING TO KIND OF REDESIGN TO TRY AND SAVE THAT. UM SO THAT'LL BE SOMETHING WE'LL WORK THROUGH IN THE FUTURE, BUT, UM, AS WITH ANYTHING, ALL SITE PLANS, YOU KNOW, WE REVIEW THEM FOR, UH UH, ACCURACY INHERENCE TO OUR CODES. THANK YOU. HER COMMISSION IF YOU'LL GO BACK TO THE PICTURE OF THE SIDE VIEW OR THE I 30 FIVES VIEW. THAT ONE. SO IS THE CURBSIDE AREA GONNA BE PAINTED BLUE. YES, THESE ARE THESE ARE THE COLORS THAT THAT YOU'LL SEE BEING REPRESENTED. UM, THEY WERE IN YOUR PACKET. I. I DON'T HAVE THEM OFFHAND IN THIS PRESENTATION, BUT THAT THAT'S THOSE ARE THE COLORS THAT THAT'S WHAT I THOUGHT I WAS JUST MAKING SURE UM, AND THAT FALLS WITHIN OUR WE DON'T HAVE A REQUIRED COLOR. UM WE HAVE A PREFERRED COLOR FOR THE RED AND THE WHITE LIMESTONE. BUT THAT'S THAT'S NOT A REQUIREMENT THAT THAT WE CAN PUT ON. I JUST WANTED TO DOUBLE CHECK JUST BECAUSE THAT'S PRETTY BRIGHT. YES MA'AM, AND I UNDERSTAND WHY DON'T GET ME WRONG. IT'S JUST W. OK? BUT. UM IT AT THIS TIME, UNLESS THERE'S FURTHER QUESTIONS I'D LIKE TO MAKE A MOTION TO, UH APPROVE THIS CONDITIONAL PERMIT AS CONSIDERED. OK, SO WE HAVE A MOTION. BUT YOU NEED US TO ADD MORE LANGUAGE TO THAT. UM YEAH.

IF Y'ALL ARE OK, IF YOU'RE COMFORTABLE WITH STAFF HANDLING THE SITE PLAN, AND YOU DON'T WANNA SEE THAT YOU CAN, IF YOU CAN ADD THAT TO YOUR MOTION, UM, BUT THAT'S AT YOUR DISCRETION.

OK, I WOULD AMEND THAT THEN TO CONTINUE, UH I KNOW TO, UH, APPROVE THE CONDITIONAL USE

[00:15:04]

PERMIT, WITH THE STIPULATION OF THE STAFF CONTINUE TO WORK WITH THE APPLICANT ON THE LANDSCAPING AND OTHER RELATED ISSUES ON SITE PLANNING. THANK YOU, SIR. OK SO WE HAVE A MOTION ON THE FLOOR FROM COMMISSIONER STEEL. I HAVE A SECOND COMMISSIONER MOTTA SECOND, UH THAT WE, UH, APPROVE THE SITE PLAN AS SEAN AND ALLOW THE CITY TO CONTINUE TO WORK. THE PLAN FOR LANDSCAPING? UM ANY FURTHER DISCUSSION ON THE MOTION. OK, SO WE'LL MOVE TO A VOTE ALL IN FAVOR. SAY HI ALL AGAINST, SAY, NAY. MOTION CARRIES. FIVE TO NO. THANK YOU COMMISSIONERS. THANK YOU. MOVING

[3. Open Meetings Act Training]

ON TO ITEM FIVE REPORTS AND PRESENTATIONS. WE HAVE, UH OPEN MEETINGS, ACT TRAINING AND TRAINING IS GOING TO BE PROVIDED BY, UH BY OUR, UH, AMY ALCORN REED, OUR CITY ATTORNEY. AMY.

OVER TO YOU. GOOD EVENING. VICE CHAIR. COMMISSIONERS. UH, AMY L, CORNED CITY ATTORNEY. SO I LIKE TO DO THESE TRAININGS ABOUT ONCE A YEAR EVERY TWO YEARS BECAUSE THEY'RE JUST A GOOD REMINDER OF SOME REALLY IMPORTANT THINGS. I THINK THE TIMING RIGHT NOW IS REALLY GOOD. BECAUSE I UNDERSTAND YOU GUYS ARE ABOUT TO GO. SOME OF YOU MIGHT BE GOING TO A PLANNING CONFERENCE WHERE THERE MIGHT BE MORE THAN ONE OF YOU IN A ROOM AT A TIME. SO IT'S A GOOD TIME TO HAVE SOME REMINDERS. SO THE GENERAL RULE UNDER THE TEXAS OPEN MEETINGS ACT IS THAT EVERY MEETING EVERY CONVERSATION BETWEEN A QUORUM OF THE BOARD ABOUT PUBLIC BUSINESS NEEDS TO BE OPEN TO THE PUBLIC.

IN GENERAL. IT APPLIES ANY TIME THAT THE THERE IS A GOVERNMENTAL BODY, WHICH YOU ARE A GOVERNMENTAL BODY. AND THAT BODY IS MEETING AND JUST A REMINDER THAT BECAUSE THE PLANNING AND ZONING COMMISSION IS A MORE THAN ADVISORY COMMITTEE, THE STATE LAW DOES APPLY TO PLANNING AND ZONING COMMISSION MEMBERS. SOMETIMES ON AN ADVISORY COMMITTEE. THEY'LL SAY, WELL, YOU KNOW, THE LAW DOESN'T TECHNICAL. THE STATE LAW DOESN'T TECHNICALLY APPLY TO US. BUT THE COUNCIL SAYS THAT THEY HAVE TO OR THE CHARTER SAYS THAT THEY HAVE TO FOLLOW IT FOR YOU GUYS.

THE STATE SAYS. YOU HAVE TO FOLLOW IT, SO IT'S A LITTLE BIT DIFFERENT. SO THE DEFINITION OF A MEETING IS A GATHERING OF A QUORUM OF THE GOVERNMENTAL BODY. THAT'S FOUR OF YOU. I'M SURE YOU GUYS KNOW THAT. AND THE DISCUSSION OF PUBLIC BUSINESS. TYPICALLY AND THIS IS IMPORTANT BECAUSE IF YOU GUYS ARE AT P AT SOCIAL EVENTS, OR YOU GO TO A CONVENTION OR A CONFERENCE AT THE SAME TIME, TYPICALLY, THE PRESENCE OF A QUORUM AT A SOCIAL EVENT OR A CONFERENCE IS NOT CONSIDERED A MEETING. AS LONG AS YOU DON'T TAKE ANY FORMAL ACTION , WHICH, OF COURSE YOU CAN'T DO AND YOU DON'T JUST LIKE THE DISCUSSION OF PUBLIC BUSINESS IS REALLY JUST INCIDENTAL. IT'S NOT LIKE THE PURPOSE OF THE FUNCTION IS TO TALK ABOUT PUBLIC BUSINESS. SO, GENERALLY SPEAKING , IF YOU GO TO A SOCIAL EVENT IF YOU'RE ALL AT THE SAME, YOU KNOW, CITY EVENT OR CITY PARK EVENT OR WHATEVER. AS LONG AS YOU'RE NOT TALKING ABOUT AS LONG AS THE POINT ISN'T TO BE THERE TO TALK ABOUT THE PLANNING AND ZONING COMMISSION OR SOME CONDITIONAL USE PERMIT OR SOMETHING. YOU'RE PROBABLY OK. BUT YOU STILL HAVE TO REMEMBER TO KEEP ANY CONVERSATION ABOUT PUBLIC BUSINESS TO BE VERY MINIMAL. AND TYPICALLY, NOT WHEN EVERYBODY ELSE IS STANDING NEXT TO YOU. SO HERE ARE SOME EXAMPLES OF MEETINGS. I FIND THESE INTERESTING AND I USED TO HAVE AN EXAMPLE THAT I FINALLY REMOVED BUT IT WAS, UH BASICALLY , IF A QUORUM OF YOU IS IN THE BATHROOM TOGETHER AND YOU TALK ABOUT PUBLIC BUSINESS, THAT'S A THAT'S A MEETING. SO IT'S PRETTY MUCH ANYWHERE WHERE THERE'S A QUORUM OF YOU TALKING ABOUT PUBLIC BUSINESS. THE MOST SURPRISING 110 TENDS TO BE ELECTRONIC COMMUNICATIONS, AND THERE HAVE ACTUALLY BEEN CHARGES FILED ON THIS, LIKE COMMUNICATING AMONGST A QUORUM THROUGH A GROUP TEXT, EVEN LIKE ON FACEBOOK. IF YOU'RE ALL COMMENTING ON THE SAME ARTICLE, AND THEN YOU START COMMENTING ON EACH OTHER'S COMMENTS, AND ALL OF A SUDDEN THERE'S A QUORUM RIGHT THERE, COMMENTING ON THIS ARTICLE THAT CAN BE PROBLEMATIC. UM SO ALL MEETINGS ARE REQUIRED TO BE OPEN. THERE ARE A FEW REQUIREMENTS THAT GO INTO AN OPEN MEETING. YOU HAVE TO PROVIDE YOUR 72 HOURS. NOTICE THIS IS A BIG ONE. YOU HAVE TO BE IN THE STATE OF TEXAS. SO IF YOU'RE GOING TO A CONFERENCE THAT IS NOT IN THE STATE OF TEXAS THAT CANNOT BE AN OPEN MEETING. WE CANNOT POST IT. IT'S NOT A MEETING, SO YOU NEED TO MAKE SURE THAT YOU DON'T ACCIDENTALLY HAVE A CLOSED MEETING THAT DOESN'T HAVE PUBLIC ACCESS. WHILE YOU'RE OUTSIDE OF THE STATE. MEETINGS HAVE TO BE ACCESSIBLE TO THE PUBLIC, INCLUDING AD A COMPLIANCE SO THEY HAVE TO BE ABLE TO GET TO THE ROOM. 3D A COMPLIANCE. YOU HAVE TO GIVE THE PUBLIC A CHANCE TO SPEAK. THAT'S ACTUALLY RELATIVELY NEW LAW, BUT IT'S NICE. YOU HAVE TO HAVE PUBLIC COMMENT PERIOD. YOU CAN'T VOTE BY SECRET BALLOT. PEOPLE LIKE TO DO THAT. YOU CAN'T DO IT, AND YOU CAN'T TAKE ANY ACTION BEHIND CLOSED DOORS. ALL YOUR VOTES HAVE TO BE HERE IN PUBLIC WHERE THE PUBLIC CAN SEE THEM. THE REASON THIS IS IMPORTANT. THERE ARE CRIMINAL VIOLATIONS, VIOLATIONS RE RELATED TO THE

[00:20:04]

OPEN MEETINGS, ACT AND WE'RE NOT TALKING, YOU KNOW, CLASS C MINIMUM FINES. THESE ARE JAIL TIME. THESE ARE LARGE FINES FOR VIOLATING THE OPEN MEETINGS ACT, SO IT'S VERY IMPORTANT THAT WE MAKE SURE THAT EVERYBODY KNOWS ALL OF THE RULES SO THAT WE CAN ALL STAY SAFE. THE THINGS THAT ARE CONSIDERED CRIMINAL VIOLATIONS PARTICIPATING IN A CLOSED MEETING OTHER THAN A PERMISSIBLE EXECUTIVE SESSION, SO IF YOU HAVE AN EXECUTIVE SESSION ON YOUR AGENDA I WILL HAVE REVIEWED THAT EXECUTIVE SESSION AND CONFIRMED THAT IT IS LEGAL. AND THEN WE CAN GO IN THE BACK ROOM AFTER OPENING THE MEETING. BUT IF YOU DISCUSS SOMETHING AMONG AQUI, BUT YOU'RE NOT IN THAT SITUATION. THAT'S A CLOSED MEETING IN VIOLATION OF THIS ACT. IF YOU PARTICIPATE IN A CLOSED MEETING, AND YOU KNOW WE'RE NOT MAKING A CERTIFIED AGENDA AGAIN, WE ALWAYS MAKE CERTIFIED AGENDAS. THERE'S GONNA BE ONE. BUT IF FOR SOME REASON WE CAME IN AND SAID, HEY, NOBODY'S KEEPING AN AGENDA OF THIS ONE. EVERYBODY GET OUT. YOU'RE NOT SUPPOSED TO BE PART OF THAT MEETING. UM YOU CAN'T DISCLOSE THE CERTIFIED AGENDA EXCEPT TO A MEMBER OF THE LIKE.

MEMBERS OF THE BOARD CAN GO REVIEW THE SORT THE CERTIFIED AGENDA CITY CITY SECRETARY'S OFFICE, BUT WE CAN'T DISCLOSE IT TO THE PUBLIC. AND THEN THE WALKING FORUM IS THE MOST DIFFICULT ONE. SO I'M GOING TO TALK ABOUT THAT ONE A LITTLE BIT MORE. WALKING QUORUM HAS BEEN DEFINED BY COURTS IN A COUPLE OF WAYS. BASICALLY IT'S A SERIES OF MEETINGS WITH AMONG LESS THAN A QUORUM. BUT THAT AT THE END OF THE SERIES A QUORUM HAS TALKED THERE WAS KIND OF A RECENT CHANGE TO CLARIFY, UM AFTER COURT COURT FOUND THE WALKING QUORUM STATUTE TO BE KIND OF VAGUE, SO THERE WAS A RECENT CHANGE TO CLARIFY THAT THE BOARD MEMBERS OR COUNCIL MEMBERS DO HAVE TO KNOW. THAT THE CONVERSATIONS HAPPENING AMONG A QUORUM. BUT THERE ARE A LOT OF WAYS THIS CAN HAPPEN. UM ONE OF THE CLASSIC EXAMPLES. IS THAT A STAFF PERSON SAY LIKE I CALL COMMISSIONER SHE SHE AND COMMISSIONER SERATO TO COME TO MY OFFICE. WE HAVE A MEETING.

AND THEN WHEN THAT MEETING ENDS, WE TALK ABOUT WHATEVER'S GOING ON. COMMISSIONER SERATO CALLS COMMISSIONER STIEGEL COMMISSIONER SHIEL CALLS ALL OF A SUDDEN THERE'S A QUORUM. AND SO IT STARTED AS NOT A VIOLATION. BUT THEN YOU GET TO THE SQUISHY IT MIGHT BE A VIOLATION. AND THESE ARE THESE ARE THINGS THAT USED TO HAPPEN KIND OF REGULARLY, AND THAT'S HOW THIS BECAME. A LOT OF PEOPLE WOULD COME AND MEET CITY MANAGER TWO COUNCIL MEMBERS AT A TIME OR SOMETHING, AND IT'S DIFFICULT FOR THE PUBLIC TO PARTICIPATE IN THAT UM SO BASICALLY, THE PURPOSE OF THE OPEN MEETINGS ACT IS TO ENSURE THAT ALL DELIBERATIONS OCCUR IN A PUBLIC FORUM. PUBLIC CAN HEAR THEM. BUT THE OPEN MEETINGS ACT DOES NOT DEFINE A LIBERATION AS A VERBAL OR ORAL DELIBERATION. IT CAN BE IN WRITING. SO EMAILS ARE A DANGER. TO AVOID THAT DANGEROUS STAFF SHOULD ALWAYS BE CC YOUR BOARD. IF WE'RE COPYING ALL OF YOU. BECAUSE CITY OF UH THERE WAS A CITY THAT ACTUALLY WHERE THE COUNCIL MEMBERS ACTUALLY DID GET IN TROUBLE FOR REPLYING ALL ITS EMAILS. THEY DIDN'T NOTICE THAT EVERYBODY WAS COPIED. OR MAYBE THEY DID IT INTENTIONALLY.

I DON'T KNOW, BUT REPLY. ALL THE EMAILS IS DANGEROUS. SO YOU SHOULD ALWAYS BE BLIND COPIED.

AND THEN, OF COURSE YOU SHOULD BE CONCERNED ABOUT YOU SHOULD PAY ATTENTION TO YOUR SOCIAL MEDIA USE. MAKE SURE YOU'RE NOT ALL IN A SOCIAL MEDIA GROUP COMMENTING ABOUT SOMETHING THAT ISN'T AN OPEN ISN'T OPEN TO THE PUBLIC OR ISN'T PART OF A MEETING. AND THEN I HAVE SOME BEST PRACTICES HERE, UM ON THE NEXT SLIDE, BUT I'M TYPICALLY OVERLY CAUTIOUS AS LAWYERS ARE SO MY BEST PRACTICES ARE ERR ON THE SIDE OF CAUTION IF YOU WANT TO BE REALLY SAFE. DON'T EVEN FRIEND EACH OTHER ON SOCIAL MEDIA. DON'T PARTICIPATE IN CONVERSATIONS EVEN INDIVIDUALLY.

OUTSIDE OF MEETINGS. SO ANYWAY. DOES ANYBODY HAVE ANY QUESTIONS? THANK YOU. ALL RIGHT. THANKS VERY MUCH. I. I THINK, UH, WE ALL UNDERSTAND THAT THE CONCEPT OF THE WALKING QUORUM AND HOW TRICKY THAT IS. ONE THING WE CAN DO, UH, IN OUR COMMISSION IS LOOK OUT FOR EACH OTHER. UM YOU KNOW, WE CAN BE LED DOWN THE GARDEN PATH WITH A CHAIN OF EMAILS. SO UM, IT IT WOULDN'T HURT TO ADVISE SOMEBODY, UH, THAT THAT'S PARTICIPATING IN THAT, YOU KNOW, AND IF YOU SEE A CHAIN EMAIL LIKE THAT, OR A SET OF PHONE CALLS, YOU KNOW WHAT HAPPENED TO LET THE PERSON KNOW THAT YOU KNOW, THIS IS A TERM OF VIOLATION. AND JUST JUST BE CAREFUL. AND, UH, WE CAN ALL MAKE THAT KIND OF MISTAKE. SO UM, WHAT WE JUST LOOK AFTER EACH OTHER, AND IN THAT SENSE AND KEEP OUR COLLECTIVE SELVES OUT OF TROUBLE, SO ALL RIGHT. THANK YOU VERY MUCH. THE OTHER COMMENTS. ON THE FLOOR. OK, LET'S MOVE ON TO, UH MM. ITEM ITEM NUMBER SIX ADJOURNMENT.

[00:25:01]

HAVING CONCLUDED OUR BUSINESS TODAY AND NO FURTHER BUSINESS. UH, THE MEETING OF THE PLANNING AND ZONING COMMISSION HAS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.

I. Call Meeting to Order and Roll Call

IV. Consider and Possible Action

2. Consider approval of a conditional use permit to construct a 32,529 square foot expansion and reconfiguration of the curb side pick-up area located at 5401 S. 1626. (HEB Plus - CUP-23-0098)

V. Reports and Presentations

3. Open Meetings Act Training

Mar 26, 2024 Planning and Zoning Meeting

I. Call Meeting to Order and Roll Call

IV. Consider and Possible Action

2. Consider approval of a conditional use permit to construct a 32,529 square foot expansion and reconfiguration of the curb side pick-up area located at 5401 S. 1626. (HEB Plus - CUP-23-0098)

V. Reports and Presentations

3. Open Meetings Act Training

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