1 00:00:00,000 --> 00:00:12,000 Good afternoon and welcome to the Zoning Board of Adjustments meeting for today. 2 00:00:12,000 --> 00:00:15,360 The date is Monday, November 30th, 2020. 3 00:00:15,360 --> 00:00:21,000 The time is 3.03 p.m. I'd like to call this meeting to order as we do have a quorum. 4 00:00:21,000 --> 00:00:25,760 The first item on our agenda is the Pledge of Allegiance to both the U.S. and the Texas 5 00:00:25,760 --> 00:00:26,760 flag. 6 00:00:26,760 --> 00:00:30,880 Is that a thing we do on Zoom, Ron? 7 00:00:30,880 --> 00:00:33,880 You're on mute. 8 00:00:33,880 --> 00:00:40,720 Sorry, I was on mute. 9 00:00:40,720 --> 00:00:43,800 Yes, we do the Pledge. 10 00:00:43,800 --> 00:00:44,800 I apologize. 11 00:00:44,800 --> 00:00:51,640 We do the Pledge, so if you're able to, please join us on the Pledge. 12 00:00:51,640 --> 00:00:56,280 Pledge of Allegiance to the flag of the United States of America. 13 00:00:56,280 --> 00:01:04,680 And to the Republic for which it stands, one nation under God, indivisible, with liberty 14 00:01:04,680 --> 00:01:06,720 and justice for all. 15 00:01:06,720 --> 00:01:15,120 On the Texas flag, honor the Texas flag, and Pledge of Allegiance to the Texas, one state 16 00:01:15,120 --> 00:01:18,120 under God, one indivisible. 17 00:01:18,120 --> 00:01:20,120 Thank you. 18 00:01:20,120 --> 00:01:21,120 Thanks. 19 00:01:21,120 --> 00:01:28,360 The second item on our agenda is Item 2A, a Work Session Report, which is Receive a 20 00:01:28,360 --> 00:01:33,240 Report, Hold a Discussion, and Give Staff Direction Regarding Code Amendments Related 21 00:01:33,240 --> 00:01:36,240 to Zoning Board of Adjustment, Composition, and Operational Procedures. 22 00:01:36,240 --> 00:01:38,920 So I'll hand it over to staff. 23 00:01:38,920 --> 00:01:39,920 Great. 24 00:01:39,920 --> 00:01:40,920 Thank you. 25 00:01:40,920 --> 00:01:41,920 Give me a second. 26 00:01:41,920 --> 00:01:45,040 I'll go ahead and bring up my presentation. 27 00:01:45,040 --> 00:01:58,760 Hopefully you all can see the presentation and can hear me. 28 00:01:58,760 --> 00:02:04,180 This is a presentation related to our development code amendments that we're currently working 29 00:02:04,180 --> 00:02:07,520 on as it relates to the Zoning Board of Adjustment. 30 00:02:07,520 --> 00:02:12,160 It's just a part of, again, our code amendments. 31 00:02:12,160 --> 00:02:17,640 So just a way of agenda presentation, I'm just going to briefly go over the history 32 00:02:17,640 --> 00:02:24,280 of the DDC update, what code amendments we've already started and currently drafting. 33 00:02:24,280 --> 00:02:28,440 The Development Code Review Committee go over who they are and how they're helping in this 34 00:02:28,440 --> 00:02:29,440 process. 35 00:02:29,440 --> 00:02:34,200 A little bit about the proposed schedule, where we are and where we hope to be in the 36 00:02:34,200 --> 00:02:40,480 next couple months, and then kind of dive into a little bit more on the amendments as 37 00:02:40,480 --> 00:02:45,260 it relates to the Zoning Board of Adjustment. 38 00:02:45,260 --> 00:02:52,480 So by way of history, on April 23rd, 2019, the development code was updated. 39 00:02:52,480 --> 00:03:00,240 And through that update, we had made some changes to some of the operations and composition. 40 00:03:00,240 --> 00:03:04,600 And so we're going to address that later in the presentation. 41 00:03:04,600 --> 00:03:11,920 During April and September, the zoning map was also approved by the City Council. 42 00:03:11,920 --> 00:03:19,660 And on October 1st, the entire DDC update, 2019 DDC update, was effective, again, October 43 00:03:19,660 --> 00:03:20,660 1st. 44 00:03:20,660 --> 00:03:25,280 Obviously, one year later, we're celebrating our year anniversary. 45 00:03:25,280 --> 00:03:32,360 Since October of 2019, to date, we have been doing a number of code amendments, primarily 46 00:03:32,360 --> 00:03:40,280 addressing nonconformities, performing city initiated rezonings to address those nonconformities, 47 00:03:40,280 --> 00:03:46,720 also drafting and getting code amendments approved to, again, address those nonconformities. 48 00:03:46,720 --> 00:03:53,080 We also had a number of state law that was passed in the summer of 2019. 49 00:03:53,080 --> 00:04:01,400 One specifically, House Bill 2497, which affects the Zoning Board of Adjustment. 50 00:04:01,400 --> 00:04:05,620 And that's one of the other reasons why we're doing these code amendments, to make sure 51 00:04:05,620 --> 00:04:10,880 that we are in line with the state law that were passed. 52 00:04:10,880 --> 00:04:21,280 Again, this House Bill 212497 was one of those, again, that affects the Zoning Board of Adjustment. 53 00:04:21,280 --> 00:04:24,840 So again, I kind of briefly went through this, but I just really want to spend a little bit 54 00:04:24,840 --> 00:04:29,040 more time to discuss why the code amendments now. 55 00:04:29,040 --> 00:04:35,960 Well, again, based on some of the code amendments or the 2019 update, there were some nonconformities 56 00:04:35,960 --> 00:04:39,780 that were created, so we're continuing to address that. 57 00:04:39,780 --> 00:04:45,200 We want to align our provisions with House Bill 2497, and I'll speak a little bit more 58 00:04:45,200 --> 00:04:47,840 towards what that is. 59 00:04:47,840 --> 00:04:52,320 We also are obviously improving our development review process, and we want to codify some 60 00:04:52,320 --> 00:04:55,480 of that and make sure that that's in our code. 61 00:04:55,480 --> 00:05:00,440 And again, we continue to hear from the general public, the development community, the Planning 62 00:05:00,440 --> 00:05:04,600 Zoning Commission, City Council, and other boards and commissions on how to better improve 63 00:05:04,600 --> 00:05:12,680 our process and our code, and we want to make sure we have an avenue to do so. 64 00:05:12,680 --> 00:05:18,680 We've identified a number of code amendments from high priority changes to substantive 65 00:05:18,680 --> 00:05:25,280 changes to others that deal primarily with criteria manuals, and then others are just 66 00:05:25,280 --> 00:05:32,560 non-substantive changes such as typos, missed references, clarifying the intent and/or deleting 67 00:05:32,560 --> 00:05:33,560 some duplication. 68 00:05:33,560 --> 00:05:42,320 So these are not as critical, but still need to be done as part of our code amendments. 69 00:05:42,320 --> 00:05:47,880 Real quickly, the Development Code Review Committee is made up of three councilmembers, 70 00:05:47,880 --> 00:05:50,040 three Planning Zoning Commissioners. 71 00:05:50,040 --> 00:05:51,360 You see them listed here. 72 00:05:51,360 --> 00:05:57,600 Now, the councilmembers, they may change in the next coming weeks, but again, we have 73 00:05:57,600 --> 00:06:04,380 a committee that is charged, change my slide, to assist in the code amendment process by 74 00:06:04,380 --> 00:06:10,960 providing guidance, giving us, reviewing the code amendments, but also giving us priorities 75 00:06:10,960 --> 00:06:16,680 on what code amendments should be presented and move forward to the Planning Zoning Commission 76 00:06:16,680 --> 00:06:17,680 and City Council. 77 00:06:17,680 --> 00:06:22,840 So yes, ultimately, the Development Review Committee is just an advisory board, which 78 00:06:22,840 --> 00:06:29,440 will provide recommendations, and ultimately, the full City Council will make their decision 79 00:06:29,440 --> 00:06:34,000 on the code amendments that we bring forward. 80 00:06:34,000 --> 00:06:41,800 Our schedule, as we've been working on this beginning of September, as you all know, with 81 00:06:41,800 --> 00:06:46,200 COVID and everything, everything seemed to be put on the back burner. 82 00:06:46,200 --> 00:06:52,640 However, we recognize that this is an important part of what we need to accomplish with code 83 00:06:52,640 --> 00:06:53,640 amendments. 84 00:06:53,640 --> 00:06:55,920 And so we started it again in September. 85 00:06:55,920 --> 00:07:02,800 October 6th is when we established or reestablished the DCRC, Development Code Review Committee. 86 00:07:02,800 --> 00:07:04,920 We've got a pretty aggressive schedule. 87 00:07:04,920 --> 00:07:08,120 We'd like to take things forward as soon as possible. 88 00:07:08,120 --> 00:07:13,600 Obviously, with the holidays and with some of the City Council changes, we may pause 89 00:07:13,600 --> 00:07:19,440 a little bit, but ultimately, our goal is to get something done by spring of next year. 90 00:07:19,440 --> 00:07:23,720 So a lot of these code amendments will be brought forward to the Planning Zoning Commission 91 00:07:23,720 --> 00:07:25,920 and ultimately to City Council. 92 00:07:25,920 --> 00:07:31,200 But again, I wanted to share this with you because you are part of the Zoning Board of 93 00:07:31,200 --> 00:07:32,200 Adjustment. 94 00:07:32,200 --> 00:07:35,240 There are code amendments related, and we want to make sure that you are aware of those 95 00:07:35,240 --> 00:07:39,760 code amendments that are being brought forward. 96 00:07:39,760 --> 00:07:46,400 So the ones that we're going to speak specifically today is related to the composition, the overall 97 00:07:46,400 --> 00:07:52,880 operation procedures for the Zoning Board of Adjustment, appeal of administrative decisions. 98 00:07:52,880 --> 00:07:54,920 These come to the Zoning Board of Adjustment. 99 00:07:54,920 --> 00:08:03,580 So if there is a appeal to a decision by an applicant, property owner, whoever, they have 100 00:08:03,580 --> 00:08:10,000 to follow a procedure, and there's a time and there's a way to submit all of those. 101 00:08:10,000 --> 00:08:16,760 And again, ultimately, the Zoning Board is the body that decides, makes the final decision 102 00:08:16,760 --> 00:08:20,240 on those appeals. 103 00:08:20,240 --> 00:08:25,440 In addition, interpretation procedures, that's something that is offered to our development 104 00:08:25,440 --> 00:08:27,520 community and/or citizens. 105 00:08:27,520 --> 00:08:32,800 They have the opportunity to request, and again, this goes to the Zoning Board of Adjustment 106 00:08:32,800 --> 00:08:36,160 for your consideration. 107 00:08:36,160 --> 00:08:41,680 And then there are a number of non-substantive changes just to clarify certain dates and 108 00:08:41,680 --> 00:08:43,800 due dates and other things like that. 109 00:08:43,800 --> 00:08:49,000 So again, I'll go through that in my presentation in a little bit. 110 00:08:49,000 --> 00:08:53,160 Okay, so does anybody have any questions before we get going? 111 00:08:53,160 --> 00:08:56,480 And I'm going to drop my screen so that we can see everybody. 112 00:08:56,480 --> 00:09:03,680 I don't know where Jennifer went, hopefully. 113 00:09:03,680 --> 00:09:04,680 I'm here. 114 00:09:04,680 --> 00:09:06,160 I just turned off my video. 115 00:09:06,160 --> 00:09:07,160 Oh, okay. 116 00:09:07,160 --> 00:09:08,640 So just want to make sure we have quorum. 117 00:09:08,640 --> 00:09:09,640 Yeah, yeah. 118 00:09:09,640 --> 00:09:10,640 You're there. 119 00:09:10,640 --> 00:09:14,840 So anybody have any questions on the code amendments, the process, what we're doing, why we're doing 120 00:09:14,840 --> 00:09:15,840 it? 121 00:09:15,840 --> 00:09:20,840 Again, just want to make sure that we have your buy-in and we want to make sure that 122 00:09:20,840 --> 00:09:24,400 you're all involved, at least, in what's going on. 123 00:09:24,400 --> 00:09:30,880 Okay, having read this in advance, there was a shortening of the time period in which members 124 00:09:30,880 --> 00:09:33,960 of the public could respond to certain things. 125 00:09:33,960 --> 00:09:41,760 Yeah, when I get to that point, and I'll bring it up, and again, specifically, we're responding 126 00:09:41,760 --> 00:09:47,280 to House Bill 2497, but let me get to that presentation and, Jennifer, if you can interrupt 127 00:09:47,280 --> 00:09:53,200 me if I don't see you raise your hand or whatnot, we can discuss that further. 128 00:09:53,200 --> 00:10:04,920 Okay, so going back to the presentation. 129 00:10:04,920 --> 00:10:11,280 So the first code amendment that we are proposing or recommending staff is, is really to bring 130 00:10:11,280 --> 00:10:18,840 back the composition statements that were in the prior development code. 131 00:10:18,840 --> 00:10:27,280 We updated the code in 2019, and what we just stated was to reference the Municipal Code 132 00:10:27,280 --> 00:10:30,520 of Orrences when it talks about the Board of Adjustment. 133 00:10:30,520 --> 00:10:39,640 However, we feel that is more customer service-friendly if we had that information in the code itself, 134 00:10:39,640 --> 00:10:46,840 and so what you see here underlined is what we're proposing to include in the 2019 development 135 00:10:46,840 --> 00:10:47,840 code. 136 00:10:47,840 --> 00:10:50,800 And again, it really lists stuff that we already know. 137 00:10:50,800 --> 00:10:56,680 Again, we're just bringing it back, but just to summarize what we're proposing is that 138 00:10:56,680 --> 00:11:04,240 the language you see here is that the ZBA is a member of, is made up of seven members 139 00:11:04,240 --> 00:11:11,200 and that they are appointed by the City Council and their terms are staggered with two-year 140 00:11:11,200 --> 00:11:12,200 terms each. 141 00:11:12,200 --> 00:11:18,280 Ron, I've got a question about that. 142 00:11:18,280 --> 00:11:19,280 Yes. 143 00:11:19,280 --> 00:11:23,040 So we're term-limited as well on this commission, like other, is that right? 144 00:11:23,040 --> 00:11:28,320 Like do boards and commissions, like they also have term limits of three two-year terms 145 00:11:28,320 --> 00:11:29,320 each? 146 00:11:29,320 --> 00:11:30,320 Correct. 147 00:11:30,320 --> 00:11:31,320 Correct. 148 00:11:31,320 --> 00:11:32,320 Yes. 149 00:11:32,320 --> 00:11:33,440 Does that need to be included in this clause here? 150 00:11:33,440 --> 00:11:39,080 So when you mean other boards of commission or just? 151 00:11:39,080 --> 00:11:46,520 So if we have term limits of three consecutive two-year terms on the Zoning Board of Adjustments, 152 00:11:46,520 --> 00:11:49,320 does that need to be included in that clause, that first clause? 153 00:11:49,320 --> 00:11:50,840 Oh, I see what you mean. 154 00:11:50,840 --> 00:11:51,840 Okay. 155 00:11:51,840 --> 00:11:56,240 Let me go back and turn my screen. 156 00:11:56,240 --> 00:12:00,800 So I have to go back and forth to make sure we see everybody, because with the PowerPoint 157 00:12:00,800 --> 00:12:05,960 presentation, it's hard to see everyone's. 158 00:12:05,960 --> 00:12:07,760 So let me flip over to... 159 00:12:07,760 --> 00:12:17,320 So yes, there is mention of that, and it may not be here, and that's a good question. 160 00:12:17,320 --> 00:12:23,440 I thought it may be on this next slide as it relates to a three-year term. 161 00:12:23,440 --> 00:12:31,440 It may be an all-encompassing board and commission three-year term, and that's more likely in 162 00:12:31,440 --> 00:12:34,960 the Code of Ordinances, so that's more likely where it's covered. 163 00:12:34,960 --> 00:12:36,720 So good question. 164 00:12:36,720 --> 00:12:43,120 I think, based on our proposal or recommendation, I think it's fine if we don't include it here 165 00:12:43,120 --> 00:12:50,480 in that we just refer that portion to the Code of Ordinances, where it speaks to the 166 00:12:50,480 --> 00:12:52,760 ultimate three-year term, three-time terms. 167 00:12:52,760 --> 00:12:53,760 Perfect. 168 00:12:53,760 --> 00:12:54,760 Yeah, as long as it's included somewhere. 169 00:12:54,760 --> 00:12:57,760 And if we're only seeing a segment, that's why we're coming to you. 170 00:12:57,760 --> 00:12:58,760 No, no, no. 171 00:12:58,760 --> 00:12:59,760 Great. 172 00:12:59,760 --> 00:13:00,760 Yeah, because it's included somewhere else, then I get it. 173 00:13:00,760 --> 00:13:01,760 I just wanted to bring that up. 174 00:13:01,760 --> 00:13:02,760 Yes. 175 00:13:02,760 --> 00:13:03,760 Yes. 176 00:13:03,760 --> 00:13:04,760 There's a bigger... 177 00:13:04,760 --> 00:13:06,400 The Code of Ordinances, I believe, covers all that. 178 00:13:06,400 --> 00:13:09,760 Like I said, I thought it was on this one, but it's not. 179 00:13:09,760 --> 00:13:10,760 Okay. 180 00:13:10,760 --> 00:13:11,760 Okay. 181 00:13:11,760 --> 00:13:12,760 Thank you. 182 00:13:12,760 --> 00:13:20,060 So the other portion of this is on the composition is also the alternates, as you all know that 183 00:13:20,060 --> 00:13:26,680 there are three alternates to the Zoning Board of Adjustment, and basically what this identifies 184 00:13:26,680 --> 00:13:35,440 or lists is that how they're also assigned and also appointed, that is, and they also 185 00:13:35,440 --> 00:13:38,200 serve a two-year term. 186 00:13:38,200 --> 00:13:44,520 They are also a first, a second, and third alternate, and as you all know, if one member 187 00:13:44,520 --> 00:13:47,880 is absent, the first alternate will take that place. 188 00:13:47,880 --> 00:13:54,120 If there's a second member that's absent, the second alternate will take that place. 189 00:13:54,120 --> 00:14:01,280 So this is to ensure that we have quorum at all times, and because it's such an important 190 00:14:01,280 --> 00:14:07,480 scheduling thing to have members present, because we do have a time limit in considering 191 00:14:07,480 --> 00:14:14,480 applications, and again, postponing a meeting may not be the best thing to have, especially 192 00:14:14,480 --> 00:14:18,600 if it is required per state law. 193 00:14:18,600 --> 00:14:25,120 Number three relates to the two-year term, as we spoke earlier, and again, the alternates 194 00:14:25,120 --> 00:14:33,620 serve the same time frame and staggeredness of making sure that there is always a person 195 00:14:33,620 --> 00:14:39,240 or member in the meetings. 196 00:14:39,240 --> 00:14:47,000 So we get into the general procedures with the Zoning Board of Adjustment, again, much 197 00:14:47,000 --> 00:14:53,080 of this you already know, but what we're trying to do again is bring these statements and 198 00:14:53,080 --> 00:14:58,360 these provisions back into the development code, so it's more or less our opportunity 199 00:14:58,360 --> 00:15:04,160 to make sure that our development community and our citizens understand what is required 200 00:15:04,160 --> 00:15:05,800 of the Zoning Board of Adjustment. 201 00:15:05,800 --> 00:15:12,280 So for general purposes or procedures, in order to have a meeting, we need a minimum 202 00:15:12,280 --> 00:15:18,280 of six members, which for this meeting we have, that the Zoning Board of Adjustment 203 00:15:18,280 --> 00:15:23,600 may adopt rules to govern its proceedings, and this is something that we probably will 204 00:15:23,600 --> 00:15:27,140 need in the future to discuss further. 205 00:15:27,140 --> 00:15:33,360 There's some rules and procedures that we, the staff, would like to discuss with you 206 00:15:33,360 --> 00:15:39,280 all, but it's not covered under this agenda item, but we will certainly bring this up 207 00:15:39,280 --> 00:15:41,640 at a future meeting. 208 00:15:41,640 --> 00:15:48,240 That the meetings of the Zoning Board of Adjustment may be held at the call of the chairperson 209 00:15:48,240 --> 00:15:53,560 and vice chair as well in certain situations, and that the Zoning Board of Adjustment keeps 210 00:15:53,560 --> 00:15:59,120 minutes, and we all know that we do keep minutes, and that's something that will be considered 211 00:15:59,120 --> 00:16:03,720 later on this agenda. 212 00:16:03,720 --> 00:16:14,840 So here's the first part of the procedures that relate to House Bill 2497, and I'm going 213 00:16:14,840 --> 00:16:25,160 to stop and share, sorry, to stop the presentation, and bring up that House Bill that was included 214 00:16:25,160 --> 00:16:26,160 in your packet. 215 00:16:26,160 --> 00:16:32,520 Hopefully you all had an opportunity to look at that, and let me see if I can bring it 216 00:16:32,520 --> 00:16:50,720 up here one second. 217 00:16:50,720 --> 00:16:58,120 So hopefully you all can see the document on the screen, House Bill 2497, again, where 218 00:16:58,120 --> 00:16:59,120 it is underlined. 219 00:16:59,120 --> 00:17:09,360 This was passed in 2019, where it is underlined is what was added to the Texas Local Government 220 00:17:09,360 --> 00:17:12,960 Code, Section 211. 221 00:17:12,960 --> 00:17:20,440 One of the things that was added is that the provision to have a person that's not related 222 00:17:20,440 --> 00:17:29,640 to a specific application address or project be able to appeal a decision to the Board 223 00:17:29,640 --> 00:17:31,800 of Adjustment. 224 00:17:31,800 --> 00:17:39,640 It also clarified that any person that's related, so you have not related, and you also have 225 00:17:39,640 --> 00:17:46,100 related to an application under which there are different provisions, but this area was 226 00:17:46,100 --> 00:17:50,840 expanded as part of House Bill 2497. 227 00:17:50,840 --> 00:18:01,840 In addition, I think this is where Board Member Jennifer mentioned the time in which the appeal 228 00:18:01,840 --> 00:18:06,120 must be filed and considered. 229 00:18:06,120 --> 00:18:12,760 So the appeal must be filed not later than 20 days after the decision has been made, 230 00:18:12,760 --> 00:18:17,180 or prior it was just a reasonable time as determined by the rules of the Board. 231 00:18:17,180 --> 00:18:25,400 So the Texas Local Government Code specifically states that an appeal must be made 20 days 232 00:18:25,400 --> 00:18:27,320 after the date of the decision. 233 00:18:27,320 --> 00:18:32,120 So that is what will be presented as part of the code amendment. 234 00:18:32,120 --> 00:18:38,200 I just wanted to share with you how it fits in with the Texas Local Government Code. 235 00:18:38,200 --> 00:18:40,760 In addition, yes, Jennifer. 236 00:18:40,760 --> 00:18:44,360 Just to mention that it says 20 days, not 20 business days, so I don't know if they've 237 00:18:44,360 --> 00:18:52,000 clarified that to be literally 20 days, including Saturdays and Sundays, or whether it includes 238 00:18:52,000 --> 00:18:57,520 the day of the decision, just so that people know. 239 00:18:57,520 --> 00:19:02,320 When there's a specific number like that, it's easier to miss by a day. 240 00:19:02,320 --> 00:19:03,320 Right. 241 00:19:03,320 --> 00:19:04,320 Right. 242 00:19:04,320 --> 00:19:07,560 To misinterpret it, it may be necessary to ask the state for clarification. 243 00:19:07,560 --> 00:19:13,480 We can, and I think we have, when I bring up the code amendment, we can certainly make 244 00:19:13,480 --> 00:19:19,960 that part of our code and then verify that further with the state. 245 00:19:19,960 --> 00:19:29,640 I think the last addition to House Bill 2497 was also this meeting where we notice for 246 00:19:29,640 --> 00:19:36,320 an appeal for one meeting date, but not have a decision. 247 00:19:36,320 --> 00:19:41,920 I think some of you were involved in one recently, I think it was in October of last year, where 248 00:19:41,920 --> 00:19:46,040 we had to meet the following meeting date. 249 00:19:46,040 --> 00:19:52,200 It just needs to be a 24-hour difference, and so that happened, again, in October of 250 00:19:52,200 --> 00:20:00,040 last year, but must be considered within 60 days after the date the appeal was filed. 251 00:20:00,040 --> 00:20:05,440 This was added in June, or this was part of the House Bill that was passed in June, and 252 00:20:05,440 --> 00:20:13,080 we actually applied it for an application that was appealed in October of last year. 253 00:20:13,080 --> 00:20:18,440 That's something that we're planning to include in the development code amendments. 254 00:20:18,440 --> 00:20:23,600 Let me go back to the code amendments. 255 00:20:23,600 --> 00:20:32,320 You can see that we've added where the provision states that anyone that's not related, as 256 00:20:32,320 --> 00:20:37,080 well as anyone that's related to the project with the provisions here, so that's covered 257 00:20:37,080 --> 00:20:39,600 in our code. 258 00:20:39,600 --> 00:20:45,680 This is the section, I think, that you're referring to, or, remember, Jennifer Layne. 259 00:20:45,680 --> 00:20:52,040 An appeal shall be submitted to the Development Services Board not later than the 24th date, 260 00:20:52,040 --> 00:21:00,000 so maybe this is where we can add calendar days, and that's a good point, and I don't 261 00:21:00,000 --> 00:21:01,920 see any issues with that. 262 00:21:01,920 --> 00:21:07,640 I think what we're trying to do with our development code is to stick consistently with calendar 263 00:21:07,640 --> 00:21:21,240 days rather than business days, so we can clean that up with this particular provision. 264 00:21:21,240 --> 00:21:30,140 I think two more here related to the appeal stating that anybody at a public meeting related 265 00:21:30,140 --> 00:21:36,280 to an appeal, any interested party, may appear before the Board of Adjustment. 266 00:21:36,280 --> 00:21:41,440 This kind of goes over that process, and if there's any action or variance authorizing 267 00:21:41,440 --> 00:21:48,840 the issuance of a building permit or COA or certificate of occupancy, CEO that is, that 268 00:21:48,840 --> 00:21:55,920 they will be only valid for 90 days, so this is, again, just more technicality just to 269 00:21:55,920 --> 00:22:01,720 cover that, again, if this ever was needed to happen or needed to be verified, we have 270 00:22:01,720 --> 00:22:09,440 it, and then this is, again, where we cover the 60-day Zoning Board of Adjustment shall 271 00:22:09,440 --> 00:22:16,160 decide an appeal at the next meeting for which notices can be, you know, be provided following 272 00:22:16,160 --> 00:22:23,040 the meeting, and no later than 60 days, again, maybe put calendar days here as well so that 273 00:22:23,040 --> 00:22:32,760 we're clear that it's calendar days from the date of the appeal when it was submitted. 274 00:22:32,760 --> 00:22:41,520 So moving on to the other sections of the code, this is, again, related to the Zoning 275 00:22:41,520 --> 00:22:42,960 Board of Adjustment. 276 00:22:42,960 --> 00:22:50,520 This is under Section 234, which is our administration and procedure section, and basically what 277 00:22:50,520 --> 00:22:55,120 we're saying here and just providing that clarification that the Zoning Board of Adjustment 278 00:22:55,120 --> 00:23:01,600 shall be the body responsible for hearing appeals of administrative decisions under 279 00:23:01,600 --> 00:23:10,840 this CDC and then in accordance with 211.010, which is that version that I shared with you 280 00:23:10,840 --> 00:23:14,760 that was part of the House Bill 2497. 281 00:23:14,760 --> 00:23:24,960 Further, within that same administration procedure section, we clarify that the six-member concurring 282 00:23:24,960 --> 00:23:26,600 vote is required. 283 00:23:26,600 --> 00:23:31,960 Just to be clear, when someone asks, "Well, what is 75% of the members?" 284 00:23:31,960 --> 00:23:36,440 What we're saying is it's six members, so you need six members of the board in order 285 00:23:36,440 --> 00:23:39,800 to approve a variance application. 286 00:23:39,800 --> 00:23:43,480 This is more or less for clarification purposes. 287 00:23:43,480 --> 00:23:50,160 This right here following, on the second part of this, is that any Zoning Board of Adjustment 288 00:23:50,160 --> 00:23:55,960 will always be heard by a minimum of six members, and again, just to restate that, in order 289 00:23:55,960 --> 00:24:00,360 to meet quorum, we need six members. 290 00:24:00,360 --> 00:24:02,280 The next slide here is just more clarification. 291 00:24:02,280 --> 00:24:04,520 It is not the Zoning Board of Appeals. 292 00:24:04,520 --> 00:24:12,360 It's the Zoning Board of Adjustment, so just more cleanup on our end. 293 00:24:12,360 --> 00:24:18,200 This specifically refers to a section, again, under Administrative and Procedures, where 294 00:24:18,200 --> 00:24:21,640 we talk about the related and not related. 295 00:24:21,640 --> 00:24:29,440 Again, for what we saw earlier in the House Bill 31, that's part 2497, we're just outlining 296 00:24:29,440 --> 00:24:37,480 it here in this part of the code in a little bit more detail under this section. 297 00:24:37,480 --> 00:24:43,200 Again, 2.83 is an Appeal to Administrative Decision. 298 00:24:43,200 --> 00:24:52,040 What we were on prior, where it was the Procedures section, this is related to specifically Administrative 299 00:24:52,040 --> 00:24:56,680 Appeals. 300 00:24:56,680 --> 00:25:00,440 The time limit, again, we went from, well, we initially had 10 days. 301 00:25:00,440 --> 00:25:07,120 We're going to 20 to be consistent with the House Bill that was passed. 302 00:25:07,120 --> 00:25:11,880 We also talk about the stays of proceeding. 303 00:25:11,880 --> 00:25:22,640 What this means, basically, is that if there is an Appeal, that certain items must remain 304 00:25:22,640 --> 00:25:26,280 stayed until that decision has been made on the appeal. 305 00:25:26,280 --> 00:25:32,360 So again, those certain applications must remain undecided, that is, until the appeal 306 00:25:32,360 --> 00:25:37,400 is processed and considered. 307 00:25:37,400 --> 00:25:40,680 Ron, I have a question on that past slide. 308 00:25:40,680 --> 00:25:41,680 It's Kate Linus. 309 00:25:41,680 --> 00:25:42,680 Yes. 310 00:25:42,680 --> 00:25:46,280 Let me stop my screen and go ahead. 311 00:25:46,280 --> 00:25:47,280 Okay. 312 00:25:47,280 --> 00:25:54,640 So on that slide, you've got the change from 10 business days to 20 business days, but 313 00:25:54,640 --> 00:25:58,360 we need to clarify whether we really mean business days. 314 00:25:58,360 --> 00:26:00,040 No, you're absolutely correct. 315 00:26:00,040 --> 00:26:02,720 That should say calendar days to be consistent. 316 00:26:02,720 --> 00:26:04,480 That should say calendar. 317 00:26:04,480 --> 00:26:05,480 Okay. 318 00:26:05,480 --> 00:26:09,240 Thank you for that. 319 00:26:09,240 --> 00:26:11,280 Yeah. 320 00:26:11,280 --> 00:26:21,960 Yeah, so we have areas also mentioning in that 60 days, again, here, and again, this 321 00:26:21,960 --> 00:26:26,200 is part of the Administrative or the Appeal on Administrative Decisions. 322 00:26:26,200 --> 00:26:30,840 So again, I know it's redundant, but again, this is a different section that speaks to 323 00:26:30,840 --> 00:26:31,840 this matter. 324 00:26:31,840 --> 00:26:36,200 We want to make sure that that is covered here as well. 325 00:26:36,200 --> 00:26:44,000 A little bit more clarification, again, correction in this particular section, but then underneath 326 00:26:44,000 --> 00:26:48,920 that is again, it's more clarification that now we're talking about interpretations. 327 00:26:48,920 --> 00:26:53,560 Now, there hasn't been a number of interpretations that the Sonia Board of Adjustment have seen 328 00:26:53,560 --> 00:26:57,240 recently, but there may be in the future. 329 00:26:57,240 --> 00:27:04,360 So this is again to clarify that any interpretation may be appealed to the Zoning Board of Adjustment. 330 00:27:04,360 --> 00:27:11,760 Again, again, it's part of that section that we discussed prior. 331 00:27:11,760 --> 00:27:12,760 I wanted... 332 00:27:12,760 --> 00:27:16,160 So that was it on the Code Amendments. 333 00:27:16,160 --> 00:27:17,920 I don't know if you all have any questions. 334 00:27:17,920 --> 00:27:24,560 I feel that is pretty much an exercise of making sure that we are in line or aligned 335 00:27:24,560 --> 00:27:32,600 with state provisions and also to correct some minor typos or correct references. 336 00:27:32,600 --> 00:27:40,040 But again, to reestablish the procedures and the composition back in the Development Code 337 00:27:40,040 --> 00:27:46,520 to be more customer friendly and also to be clear as to what the procedures are. 338 00:27:46,520 --> 00:27:51,660 So anyone that's looking has an easier way of understanding it. 339 00:27:51,660 --> 00:27:56,120 So that's the exercise that we're trying to do, and we wanted to make sure that you all 340 00:27:56,120 --> 00:27:57,120 are aware of that. 341 00:27:57,120 --> 00:28:03,200 I wanted to put a list together of all of the things that could come to the Zoning Board 342 00:28:03,200 --> 00:28:10,680 of Adjustment as an appeal of an administrative decision. 343 00:28:10,680 --> 00:28:19,440 We have a number of applications from Zoning Complaints Plan all the way through interpretations. 344 00:28:19,440 --> 00:28:25,700 But again, ones that we've heard recently back in October was specifically to an appeal 345 00:28:25,700 --> 00:28:27,080 to an administrative decision. 346 00:28:27,080 --> 00:28:35,100 But there could be others that, again, would require the Zoning Board of Adjustment's consideration 347 00:28:35,100 --> 00:28:36,100 and decision. 348 00:28:36,100 --> 00:28:42,960 So this is just a list of what those applications could be. 349 00:28:42,960 --> 00:28:48,040 And that concludes my presentation, and I'll be happy to staff for any further questions 350 00:28:48,040 --> 00:28:50,640 or any other comments. 351 00:28:50,640 --> 00:28:58,560 >> Ron, this is David, a couple of things came to mind. 352 00:28:58,560 --> 00:29:05,060 The provision whereby you are struck from being a member of the board applies to Zoom 353 00:29:05,060 --> 00:29:09,520 meetings, as well as any other, it's a live meeting, right? 354 00:29:09,520 --> 00:29:10,520 >> That's correct. 355 00:29:10,520 --> 00:29:18,080 And I don't know if Matt can help me with this one, but I believe there was a -- from 356 00:29:18,080 --> 00:29:23,480 the governor's action, I believe, I don't know the term specifically, but it gives us 357 00:29:23,480 --> 00:29:30,640 the opportunity to hold meetings via Zoom as long as it's posted, and we have the opportunity 358 00:29:30,640 --> 00:29:32,640 to have people comment. 359 00:29:32,640 --> 00:29:33,640 >> Okay. 360 00:29:33,640 --> 00:29:34,640 That makes sense. 361 00:29:34,640 --> 00:29:42,000 And the asset where it said members may be removed for callings, I assume that just refers 362 00:29:42,000 --> 00:29:44,320 back to the ethics ordinance. 363 00:29:44,320 --> 00:29:45,320 >> That's correct. 364 00:29:45,320 --> 00:29:51,760 The city council would have to make that motion, and there has to be some sort of reasoning 365 00:29:51,760 --> 00:29:52,760 for that action. 366 00:29:52,760 --> 00:30:02,320 >> But, again, within the stipulation of the ethics ordinance? 367 00:30:02,320 --> 00:30:05,520 >> That is my understanding, there has to be some sort of reason, and obviously they 368 00:30:05,520 --> 00:30:10,800 would have to reference either the ethics -- most likely it would be the ethics section 369 00:30:10,800 --> 00:30:17,440 or maybe something else that is referenced, and I'm not going to say it's only the ethics 370 00:30:17,440 --> 00:30:18,440 ordinance. 371 00:30:18,440 --> 00:30:22,720 There may be other things that they can reference as well. 372 00:30:22,720 --> 00:30:26,600 >> Could you repeat what David's question is, because his speech is a little blurry 373 00:30:26,600 --> 00:30:30,800 coming through my headset, a bit blurry or without it, too? 374 00:30:30,800 --> 00:30:36,400 >> Sure, and then David, interrupt me if I misspeak. 375 00:30:36,400 --> 00:30:44,280 Board member Hagens was referring to the clause that the council member can remove a zoning 376 00:30:44,280 --> 00:30:50,800 board of adjustment under a certain situation, but that's what he was referring to. 377 00:30:50,800 --> 00:30:55,480 >> I didn't hear what the question was, so now I really don't know what you guys are 378 00:30:55,480 --> 00:30:56,480 talking about. 379 00:30:56,480 --> 00:31:06,760 >> I'll just say to everyone, I lost my headset, Jennifer, or at least I realized it's fuzzy. 380 00:31:06,760 --> 00:31:09,760 I'm aware of that, sorry. 381 00:31:09,760 --> 00:31:13,180 >> Yeah, I'm just trying to follow what the conversation was, because I could hear Ron, 382 00:31:13,180 --> 00:31:16,240 but not yourself, clearly. 383 00:31:16,240 --> 00:31:20,380 >> David, can you repeat your question? 384 00:31:20,380 --> 00:31:23,040 >> Maybe what the subject even is. 385 00:31:23,040 --> 00:31:29,960 >> Well, the question was at the very outset, under what I think was paragraph one when 386 00:31:29,960 --> 00:31:37,160 Ron was reading, it said that a board member may be removed by cause from the council, 387 00:31:37,160 --> 00:31:43,520 and I said I assume that that just refers back to the ethics ordinance requirements, 388 00:31:43,520 --> 00:31:49,120 and his answer, as I understand it, was that's true, maybe not limited to what the ordinance 389 00:31:49,120 --> 00:31:52,120 says, but certainly within what the ordinance says. 390 00:31:52,120 --> 00:31:58,080 >> Okay, yeah, so what for cause means, thanks. 391 00:31:58,080 --> 00:32:00,840 >> Okay. 392 00:32:00,840 --> 00:32:06,040 As we go through the code amendments, like I said, if there's anything that changes or 393 00:32:06,040 --> 00:32:12,480 comes up that I feel is something that the board should be aware of, I'll certainly make 394 00:32:12,480 --> 00:32:21,200 mention of it in future meetings. 395 00:32:21,200 --> 00:32:24,280 So Amber, if we can move on to the next item. 396 00:32:24,280 --> 00:32:30,080 >> All right, it's my first time chairing a Zoom meeting, so okay, thank you. 397 00:32:30,080 --> 00:32:33,680 So that concludes the work session item 2A, correct? 398 00:32:33,680 --> 00:32:34,680 >> Correct. 399 00:32:34,680 --> 00:32:35,880 >> Okay, thank you, okay. 400 00:32:35,880 --> 00:32:41,280 So the next item on the agenda is item 3A, item for consideration, we are considering 401 00:32:41,280 --> 00:32:50,720 approval of the minutes of October 28th and October 29th, 2019, and November 18th, 2019. 402 00:32:50,720 --> 00:32:53,800 Were there any corrections to the minutes? 403 00:32:53,800 --> 00:32:57,200 Commissioner Lane, did you have a comment? 404 00:32:57,200 --> 00:33:05,520 >> Yes, I just wanted to suggest that we consider them as a group, move to consider approval 405 00:33:05,520 --> 00:33:10,960 of the minutes in their entirety, all three at once, and then if there's a second, then 406 00:33:10,960 --> 00:33:15,760 we can of course discuss anything that needs to be changed in them if there is. 407 00:33:15,760 --> 00:33:17,760 >> I'll second that. 408 00:33:17,760 --> 00:33:25,200 >> Okay, so we are voting on whether or not to approve the minutes as a whole or discuss 409 00:33:25,200 --> 00:33:28,280 them as a whole, is that correct, Commissioner Lane? 410 00:33:28,280 --> 00:33:35,880 >> The motion is to approve them and with a second, then discussion can occur. 411 00:33:35,880 --> 00:33:39,000 >> So is there any discussion of the minutes? 412 00:33:39,000 --> 00:33:43,280 I did look over them, it was a really long, complicated meeting, but it didn't stand out 413 00:33:43,280 --> 00:33:46,560 in my memory because it was that back-to-back one that we had. 414 00:33:46,560 --> 00:33:53,480 I didn't see any big changes or anything that was, you know, staring, that was evident to 415 00:33:53,480 --> 00:33:54,480 me. 416 00:33:54,480 --> 00:33:59,360 Did anyone else have anything to add to the minutes or correct? 417 00:33:59,360 --> 00:34:08,480 Okay, so hearing no objection, I guess we have a motion and a second to approve the 418 00:34:08,480 --> 00:34:09,480 minutes. 419 00:34:09,480 --> 00:34:12,440 All those in favor, if you could just raise your hand visibly. 420 00:34:12,440 --> 00:34:14,360 Any opposed? 421 00:34:14,360 --> 00:34:21,680 >> Chair, can I ask the legal question real quick? 422 00:34:21,680 --> 00:34:29,800 Mac, would they need to respond or raise their hand, would that be sufficient for the vote? 423 00:34:29,800 --> 00:34:35,640 >> As a matter of practice, I shouldn't say policy, but as practice, we've been having 424 00:34:35,640 --> 00:34:41,680 a roll call vote, so we've gone one by one just to have a verbal yay or nay from each 425 00:34:41,680 --> 00:34:45,800 member of the board. 426 00:34:45,800 --> 00:34:46,800 >> Thank you. 427 00:34:46,800 --> 00:34:53,000 Again, this is my first Zoom, Chair, so do I -- should I call on each Commissioner individually 428 00:34:53,000 --> 00:34:54,880 then as the Chair I call on them? 429 00:34:54,880 --> 00:34:55,880 >> Yes, ma'am. 430 00:34:55,880 --> 00:34:56,880 >> Okay. 431 00:34:56,880 --> 00:35:00,920 Then I'm just going to go left to right, top to bottom, what I see on my screen, Commissioner 432 00:35:00,920 --> 00:35:03,200 Meissner, how do you vote? 433 00:35:03,200 --> 00:35:04,640 >> Approved. 434 00:35:04,640 --> 00:35:10,000 >> It was broken up, but I heard you say approved. 435 00:35:10,000 --> 00:35:11,000 Correct? 436 00:35:11,000 --> 00:35:12,000 >> Yes. 437 00:35:12,000 --> 00:35:13,000 Aye, yes. 438 00:35:13,000 --> 00:35:14,000 >> Thank you. 439 00:35:14,000 --> 00:35:17,000 Commissioner Redwine, how do you vote? 440 00:35:17,000 --> 00:35:18,000 >> Approved. 441 00:35:18,000 --> 00:35:19,000 >> Commissioner Higgins? 442 00:35:19,000 --> 00:35:20,000 You're on mute, sir. 443 00:35:20,000 --> 00:35:21,000 >> Aye. 444 00:35:21,000 --> 00:35:22,000 >> Commissioner Linus? 445 00:35:22,000 --> 00:35:23,000 >> I approve. 446 00:35:23,000 --> 00:35:25,040 >> And Vice Chair Lane? 447 00:35:25,040 --> 00:35:26,040 >> Yay. 448 00:35:26,040 --> 00:35:28,120 >> And I also approve. 449 00:35:28,120 --> 00:35:43,760 So the minutes are approved unanimously. 450 00:35:43,760 --> 00:35:51,240 The last item for consideration is item 3b, where we look at the calendar for next year, 451 00:35:51,240 --> 00:35:56,200 consider approval of the 2021 ZBA meeting calendar. 452 00:35:56,200 --> 00:35:58,200 >> Can that be a screen share? 453 00:35:58,200 --> 00:35:59,200 >> Yes. 454 00:35:59,200 --> 00:36:02,960 >> I didn't see any big issues, but I know we typically like to talk about the November 455 00:36:02,960 --> 00:36:06,280 and December months in particular. 456 00:36:06,280 --> 00:36:16,600 >> Let me bring it up, and I'll share it out with the group. 457 00:36:16,600 --> 00:36:24,440 I know it's kind of small, but I can move up and down if I need to. 458 00:36:24,440 --> 00:36:29,360 Typically they are the last Monday of every month. 459 00:36:29,360 --> 00:36:37,800 There are some Mondays that we obviously adjust accordingly, specifically May is one that 460 00:36:37,800 --> 00:36:43,880 is not the last Monday of the month. 461 00:36:43,880 --> 00:36:48,160 The other one, I think that's it. 462 00:36:48,160 --> 00:36:56,240 I think what we need to discuss, I would recommend as staff is looking at the holidays, specifically 463 00:36:56,240 --> 00:37:03,720 November, Thanksgiving, and then December between the Christmas holiday and New Year's, 464 00:37:03,720 --> 00:37:06,120 there's a zoning board adjustment. 465 00:37:06,120 --> 00:37:11,760 That's something maybe the board can discuss specifically. 466 00:37:11,760 --> 00:37:16,920 >> We went through this last year and made adjustments, but this year with both Christmas 467 00:37:16,920 --> 00:37:24,000 and New Year's coming at the end of a week, I think that having it on the 27th is the 468 00:37:24,000 --> 00:37:25,000 best you could possibly do. 469 00:37:25,000 --> 00:37:27,000 You wouldn't want to move it up to the 13th. 470 00:37:27,000 --> 00:37:30,880 It would only be two weeks behind November. 471 00:37:30,880 --> 00:37:32,880 >> Okay. 472 00:37:32,880 --> 00:37:40,800 >> So everyone can see this, right? 473 00:37:40,800 --> 00:37:50,240 So I was going to say, it may be difficult to get a quorum and staff is going to be requesting 474 00:37:50,240 --> 00:37:54,300 time off that week between Christmas and New Year's as well. 475 00:37:54,300 --> 00:37:59,280 I would recommend moving it up if we could. 476 00:37:59,280 --> 00:38:05,480 And maybe even that Monday after Thanksgiving, I don't know if we could also move up that 477 00:38:05,480 --> 00:38:10,520 last week of November to the Monday prior or even the Monday before that. 478 00:38:10,520 --> 00:38:16,080 Again, just keeping in mind, you know, people didn't get to see family for Thanksgiving 479 00:38:16,080 --> 00:38:19,800 or Christmas this year, and I bet next year there's going to be -- I hope that we can 480 00:38:19,800 --> 00:38:25,720 see our families again, and so I'm just concerned about making quorum and having staff available 481 00:38:25,720 --> 00:38:29,720 during those holiday weeks, especially after a pandemic year when we can maybe pilot it 482 00:38:29,720 --> 00:38:30,720 together again. 483 00:38:30,720 --> 00:38:36,640 So I would recommend moving both the November and the December meeting up if possible. 484 00:38:36,640 --> 00:38:41,400 And I know we can call a special meeting if we need to, like, if there's really something 485 00:38:41,400 --> 00:38:44,960 important that they didn't meet the timeline, we could always call a special meeting. 486 00:38:44,960 --> 00:38:45,960 That's just my suggestion. 487 00:38:45,960 --> 00:38:48,960 >> Could we not -- sorry. 488 00:38:48,960 --> 00:38:52,360 >> Commissioner Redwine. 489 00:38:52,360 --> 00:38:55,720 >> Could we combine November, December to an early December meeting? 490 00:38:55,720 --> 00:39:00,240 I know if we had a call for a 30-day, you know, I think there's a 30-day window we have 491 00:39:00,240 --> 00:39:07,880 to have if something comes up, could we do something like that? 492 00:39:07,880 --> 00:39:12,680 >> What say you, Ron, and Mac, is that a thing that the city could do? 493 00:39:12,680 --> 00:39:13,680 >> I think that's a possibility. 494 00:39:13,680 --> 00:39:20,960 I think we probably would need to have a meeting in November, and then -- and I don't know 495 00:39:20,960 --> 00:39:27,440 if, obviously, if it's the last Monday or if it's earlier, one, I think, obviously, 496 00:39:27,440 --> 00:39:31,920 we're meeting November 30th today, so it's not going to work, but I think the December 497 00:39:31,920 --> 00:39:37,160 one is a little bit more difficult just because of where it sits. 498 00:39:37,160 --> 00:39:41,040 Having an earlier meeting in December might be consideration. 499 00:39:41,040 --> 00:39:45,760 >> Commissioner Lane, what were you going to put? 500 00:39:45,760 --> 00:39:51,800 >> Yes, I was just looking at the calendar, and just the way it's laid out, given that 501 00:39:51,800 --> 00:39:58,160 October is a sort of long month, and we would be the 25th of October, perhaps we could use 502 00:39:58,160 --> 00:40:04,620 the 22nd of November, and then an earlier day in December, and they would be pretty 503 00:40:04,620 --> 00:40:10,200 well spaced out, at least approximately four weeks from the October 1 to -- October 25th 504 00:40:10,200 --> 00:40:19,760 to November 22nd, and then if we show as an early one in December, it would be three weeks, 505 00:40:19,760 --> 00:40:23,340 not two. 506 00:40:23,340 --> 00:40:26,720 >> So I'm hearing November 22nd. 507 00:40:26,720 --> 00:40:31,160 Are we saying December 13th or December 20th? 508 00:40:31,160 --> 00:40:35,000 >> Either one is reasonably fine, but if you think people will be taking vacation on the 509 00:40:35,000 --> 00:40:39,700 20th, perhaps the 13th would be better, and if we're moving -- if we're thinking in terms 510 00:40:39,700 --> 00:40:46,120 of the October 25th, four weeks later, that making it one week earlier in December, then 511 00:40:46,120 --> 00:40:55,280 if we did use December 13th, it wouldn't be such a short amount of time between the two, 512 00:40:55,280 --> 00:40:58,040 the only one week short rather than two. 513 00:40:58,040 --> 00:41:04,520 >> This kicks the can down the road for January 2022. 514 00:41:04,520 --> 00:41:13,520 >> Well, and we can't -- there is always the option to call a special meeting if, you know, 515 00:41:13,520 --> 00:41:17,960 if there's an applicant who can't meet a particular deadline for whatever reason. 516 00:41:17,960 --> 00:41:21,080 There is a process for us to call a special meeting. 517 00:41:21,080 --> 00:41:26,240 I'm just, you know, again, just concerned about quorum, and, you know, staff deserves 518 00:41:26,240 --> 00:41:28,520 a break, too, once in a while. 519 00:41:28,520 --> 00:41:32,880 So, Commissioner Lane, I like that suggestion that, you know, that -- I think that seems 520 00:41:32,880 --> 00:41:33,880 like a reasonable compromise. 521 00:41:33,880 --> 00:41:36,920 Is there anyone else with any input about that? 522 00:41:36,920 --> 00:41:42,640 >> No, I didn't take the same question I would have it be that November 22nd date, but, you 523 00:41:42,640 --> 00:41:44,560 know, that's the other question. 524 00:41:44,560 --> 00:41:48,080 It would be a holiday week. 525 00:41:48,080 --> 00:41:54,280 >> Perhaps the problem is the week after is even more caught up in the holiday. 526 00:41:54,280 --> 00:41:59,480 >> Yeah, speaking as a small business owner, I can tell you how hard it was for me on Cyber 527 00:41:59,480 --> 00:42:02,440 Monday to make this meeting today. 528 00:42:02,440 --> 00:42:09,040 So, yes, I would actually prefer something before Thanksgiving rather than after. 529 00:42:09,040 --> 00:42:17,440 >> Actually, I think that the 20 -- talking on December, I think that if you were flipping 530 00:42:17,440 --> 00:42:23,440 between 20th and 27th, and I realize that a lot of you don't want either one of those, 531 00:42:23,440 --> 00:42:29,400 20 would be worse than the 27th, I think, in terms of generating a quorum. 532 00:42:29,400 --> 00:42:40,020 >> We're actually considering the 13th, if we move the November to the 22nd. 533 00:42:40,020 --> 00:42:41,020 >> So do we -- 534 00:42:41,020 --> 00:42:45,040 >> You can kick the can down the road on January 22 and deal with it at the time. 535 00:42:45,040 --> 00:42:51,920 I'm just saying let's recognize that that's what we're doing. 536 00:42:51,920 --> 00:42:55,880 >> And I hear that concern, Commissioner Higgins, and that's why I mentioned that there's, you 537 00:42:55,880 --> 00:43:01,280 know, if that's too long of a wait between December 13th and the last Monday of January 538 00:43:01,280 --> 00:43:07,080 2022, that there is a process to call a special meeting if an applicant, you know, requests 539 00:43:07,080 --> 00:43:08,080 that. 540 00:43:08,080 --> 00:43:11,720 So -- but we don't know what, you know, 2022 will look like. 541 00:43:11,720 --> 00:43:15,920 We can only kind of look ahead with what we have here. 542 00:43:15,920 --> 00:43:23,520 So if -- is there, like -- do we need to make a motion wrong to approve Jennifer's suggestion 543 00:43:23,520 --> 00:43:24,520 of -- yeah? 544 00:43:24,520 --> 00:43:25,520 Okay. 545 00:43:25,520 --> 00:43:31,760 So we'll just approve the calendar, and we will then use that for scheduling our meetings. 546 00:43:31,760 --> 00:43:32,760 >> That sounds great. 547 00:43:32,760 --> 00:43:34,560 So can I make a motion? 548 00:43:34,560 --> 00:43:35,560 >> Sure. 549 00:43:35,560 --> 00:43:41,760 Change the calendar to November 22nd and December 13th. 550 00:43:41,760 --> 00:43:46,700 >> I'll second. 551 00:43:46,700 --> 00:43:51,640 >> We have a motion from Commissioner Lane and a second from Commissioner Redwine. 552 00:43:51,640 --> 00:43:55,880 Commissioner Meisner, how do you vote? 553 00:43:55,880 --> 00:44:01,280 >> I'll vote to approve. 554 00:44:01,280 --> 00:44:03,600 >> Commissioner Redwine? 555 00:44:03,600 --> 00:44:06,760 >> I vote to approve. 556 00:44:06,760 --> 00:44:09,080 >> Commissioner Higgins? 557 00:44:09,080 --> 00:44:10,080 >> Aye. 558 00:44:10,080 --> 00:44:11,640 >> Commissioner Linus? 559 00:44:11,640 --> 00:44:14,760 >> I vote to approve. 560 00:44:14,760 --> 00:44:16,720 >> Commissioner Lane? 561 00:44:16,720 --> 00:44:17,720 >> Aye. 562 00:44:17,720 --> 00:44:22,120 >> And I also vote to approve. 563 00:44:22,120 --> 00:44:23,760 >> Okay. 564 00:44:23,760 --> 00:44:26,120 Thank you. 565 00:44:26,120 --> 00:44:27,120 >> Okay. 566 00:44:27,120 --> 00:44:28,120 That's it. 567 00:44:28,120 --> 00:44:29,720 Are there any -- that's Section 4. 568 00:44:29,720 --> 00:44:32,320 Any concluding items for today? 569 00:44:32,320 --> 00:44:36,320 Anything else to bring up? 570 00:44:36,320 --> 00:44:37,520 >> Floor doesn't have any. 571 00:44:37,520 --> 00:44:43,480 I just quickly mentioned that we do have applications for the coming month. 572 00:44:43,480 --> 00:44:48,680 If not in December, we don't meet quorum in December, for sure, January. 573 00:44:48,680 --> 00:44:53,080 If you are available, please let me know. 574 00:44:53,080 --> 00:44:56,720 >> May I ask when the next meeting is scheduled for? 575 00:44:56,720 --> 00:44:58,120 I have forgotten. 576 00:44:58,120 --> 00:45:05,480 >> We are looking to meet December 14th, if we get six members, hopefully seven is the 577 00:45:05,480 --> 00:45:06,480 goal. 578 00:45:06,480 --> 00:45:16,280 If it's not in December, then it will be all the last Monday in January. 579 00:45:16,280 --> 00:45:18,520 >> Great, thanks. 580 00:45:18,520 --> 00:45:20,520 So I think that's it. 581 00:45:20,520 --> 00:45:22,760 I guess I will close the meeting now. 582 00:45:22,760 --> 00:45:24,320 The time is 3.48 p.m. 583 00:45:24,320 --> 00:45:30,760 Thank you again, everyone, for joining us, and I look forward to seeing you if not December 584 00:45:30,760 --> 00:45:33,360 14th, and I'll see you in the new year. 585 00:45:33,360 --> 00:45:34,360 >> Great. 586 00:45:34,360 --> 00:45:35,360 Thank you, everyone. 587 00:45:35,360 --> 00:45:36,360 >> Bye. 588 00:45:36,360 --> 00:45:44,360 [BLANK_AUDIO]