Sep 08, 2025 City Council Work Session

[00:00:09]

HERE. WE'RE GOING TO CALL THE COUNCIL MEETING TO ORDER. THIS IS A WORK SESSION. THE CITY COUNCIL AND WE HAVE AN AGENDA. IT SHOULD BE POSTED OUTSIDE. BUT IF YOU NEED A COPY, YOU CAN CLICK ON THE QR CODE THAT'S HANGING ON THE WALL. IN THE MEANTIME, I'M GOING TO ASK OUR CITY CLERK TO CALL THE ROLL. AND THEN WE'LL WE WILL GET STARTED. I DON'T BELIEVE ANYBODY HAS HEARD FROM COUNCILOR BRADFORD, WHICH TYPICALLY MEANS THAT HE'S COMING. HE JUST MAY OR MAY BE RUNNING A BIT BEHIND. WE'LL SEE. COUNCIL PRESIDENT BURTENSHAW HERE. COUNCILOR BRADFORD. COUNCILOR. DINGMAN HERE. COUNCILOR. FREEMAN HERE, COUNCILOR. FRANCIS HERE! COUNCILOR. LARSON HERE. MAYOR, YOU HAVE A QUORUM. THANK YOU SO

[Community Development Services & Legal]

AND SO THE VERY FIRST THING IS THAT I WILL OPEN THIS HEARING IN THE MATTER OF AN APPEAL OF A BOARD OF ADJUSTMENT DECISION, AND THE APPEAL IS COMING BY THE APPELLANT, MR. KINGSBURY, AND BEFORE WE PROCEED ANY FURTHER, I'D LIKE TO ASK IF THERE ARE ANY COUNCIL MEMBERS WHO WISH TO RECUSE THEMSELVES FROM THE HEARING. ALL RIGHT. I DO HAVE A QUESTION FOR OUR CITY ATTORNEY, GIVEN THAT MR. RADFORD IS NOT HERE AND IS NOT ABLE TO PARTICIPATE IN THE TOTALITY OF THE HEARING, IT STRIKES ME THAT HE SHOULDN'T JUST ENTER AND PARTICIPATE, HAVING ARRIVED LATE BECAUSE HE COULD BE MISSING KEY ELEMENTS. THAT'S CORRECT. AND SO IF WE DID IT, IF WE WANTED TO INCLUDE HIM, WE WOULD HAVE TO START OVER. THAT'S WHAT YOU DO IF THERE'S A JUROR AND WHAT GOES OUT. YEAH. SO I THINK COUNCIL MEMBERS, IF YOU HAVE NO OBJECTION, I THINK WE'LL GO AHEAD AND HOLD THIS WITH A FIVE MEMBER COUNCIL MAKING THE DECISION, I WILL ASK.

YOU, MR. JONES, TO WHEN WHEN COUNSELOR BRADFORD ARRIVES, IF YOU WOULDN'T MIND JUST GIVING HIM A HEADS UP TO WHAT'S GOING ON. THAT WAY WE WON'T INTERRUPT THE FLOW OF THE HEARING TO EXPLAIN TO HIM THAT WE JUST CUT HIM OUT, SO TO SPEAK. SO. AND I MEAN THAT WITH SHORTHAND TALK.

NOT NOT NOT DISRESPECTFULLY. ALL RIGHT. SO MOVING ON. I WOULD ORDER THAT ALL THE TESTIMONY GIVEN AND ALL THE WRITTEN MATERIALS THAT HAVE BEEN PROVIDED TO THE COUNCIL BE A PART OF THE OFFICIAL. HERE WE ARE. I'LL CALL IT, BE DONE OR KEEP GOING. YOU JUST WON'T PARTICIPATE IN THIS HEARING IF YOU DON'T SIT DOWN RIGHT NOW. OKAY. ALL RIGHT. COOL. THANK YOU. I'M GOING TO RULE THAT ALL MATERIALS AND ALL OF THE TESTIMONY GIVEN BE A PART OF THE OFFICIAL RECORD. AND WITH THAT, LET ME JUST SAY A COUPLE OF GROUND RULES. THE FIRST ONE IS THAT COUNCIL QUESTIONS WILL BE PERMITTED AT EVERY POINT WITHIN THE HEARING. BUT COUNCIL MEMBERS, I'M DOING SOMETHING A LITTLE DIFFERENT THIS TIME. I AM SETTING SOME TIME LIMITS.

AND SO BECAUSE OF THAT, I WOULD ASK THAT IF YOUR QUESTION CAN WAIT TILL THE END, WE SHOULD PROBABLY DO IT THEN, BECAUSE WE DON'T WANT TO EAT INTO ANY OF THE PRESENTATION TIME ANY MORE THAN NECESSARY. SO MAYBE A CLARIFYING QUESTION IF YOU NEED TO CLARIFY SOMETHING IN THE MIDDLE, BUT SAY THE THE LOT OF YOUR QUESTIONS FOR THE END OR I DON'T HAVE A TIME LIMIT ON. THE SECOND THING IS TO SECOND TO GROUND RULE IS THAT WE WILL OBSERVE DECORUM. SO IF THERE'S ANYBODY WHO'S INCLINED TO CLAP, DON'T CLAP. THIS IS SUPPOSED TO BE A VERY DIGNIFIED PROCESS AND WE DON'T WANT TO TAINT IT BY NOT, I GUESS, BEHAVING WITH DECORUM. THE NEXT THING WOULD BE THAT THE TIME LIMITS I'M SETTING THEM, AND I'LL TELL YOU WHAT THEY ARE IN A MOMENT, BUT THEY'RE THERE TO BE ROUGHLY FOLLOWED. IF SOMEBODY IS, YOU KNOW, MID-SENTENCE, WE WON'T CUT THEM OFF IF THEY'RE MID PARAGRAPH AND IT'S AN IMPORTANT CONCLUDING PARAGRAPH, WE WON'T

[00:05:02]

WE WILL FIRST HEAR FROM DIRECTOR WADE CENTER, AND THEN WE'LL HEAR FROM OUR ASSISTANT CITY ATTORNEY, JACOB BECK. AND THEY ALSO TOGETHER HAVE 15 MINUTES. AND THEN AT THAT POINT, MR. KINGSBURY, YOU'LL HAVE FIVE MINUTES TO REBUT ANYTHING THAT WAS SAID AFTER THE REBUTTAL.

THEN WE WILL BE READY TO GO TO A FINAL ROUND OF COUNCIL QUESTIONS. AND THAT ROUND HAS NO TIME LIMIT. I WANT TO MAKE SURE THAT YOU HAVE THE INFORMATION YOU NEED FROM STAFF, FROM MR. KINGSBURY BEFORE YOU MAKE YOUR DECISION. COUNCIL MEMBERS, AFTER WE CLOSE THE HEARING, YOU'LL HAVE TIME TO DELIBERATE HERE IN THIS ROOM, OUT LOUD, IN FRONT OF EVERYONE.

AND THEN AT SOME POINT, YOU'LL BE READY. I HOPE ONE OF YOU TO MAKE A MOTION, AND WE'LL SEE THAT MOTION PASSES. ONCE WE DO HAVE A MOTION THAT PASSES, THEN COUNCIL, YOU'LL BE ASKED TO PROVIDE A LITTLE BIT OF DIRECTION TO MR. BECK, WHO WILL BE WRITING THE REASONED STATEMENT OF RELEVANT CRITERIA AND STANDARDS. IT'S MY UNDERSTANDING THAT STATE LAW REQUIRES THAT EVERY LAND USE DECISION IN IDAHO BE ACCOMPANIED BY THAT REASONED STATEMENT, AND SO MR. BECK WILL WORK ON THAT, AND IT WILL THEN BE INCLUDED AS A PART OF THE THURSDAY NIGHT AGENDA, THAT WRITTEN VERSION. AND THAT WILL BE THEN FOR YOU ON THURSDAY NIGHT TO HOPEFULLY, IF YOU'RE ABLE TO VOTE TONIGHT, THEN YOU'LL BE ABLE TO AND YOU GIVE CONSISTENT INSTRUCTION TO MR. BECK, YOU'LL BE ABLE TO THEN PASS THAT WRITTEN STATEMENT ON THURSDAY. AND AT THAT POINT, THEN THE APPEALS PROCESS WILL OFFICIALLY BE OVER FOR THIS STAGE OF THE PROCESS. AND SO IF I'VE MISSPOKEN, I'LL LET MR. JONES, MAC JONES CORRECT IT AND THEN MAYBE GO ON TO ANY INSTRUCTION YOU WANT TO GIVE TO THE COUNCIL. THANK YOU. MAYOR, IS THIS ON? YOU JUST HAVE TO PUSH THE BUTTON THAT SAYS THE QUESTION. OKAY, THERE YOU GO.

WHICH IS THE WHOLE THING OR. NO. OH, GOOD. THAT'S HOW IT IS IN COURT. I HAVE TO PUSH IT. THE WHOLE THING, ALL RIGHT. SO JUST SO YOU'RE AWARE, I DO HAVE SOME EXTENSIVE EXPERIENCE WITH APPEALS. I WORKED AS A LAW CLERK FOR JUDGE LORELLO AT THE IDAHO COURT OF APPEALS. MY UNDERSTANDING OF THE IDAHO CITY CODE, IT SAYS THAT WE'RE TO USE IN YOUR DECISION MAKING PROCESS IS TO BE FOUNDED UPON PRACTICAL APPLICATION OF RECOGNIZED PRINCIPLES OF LAW. THE WAY I READ THAT IS, AS AN APPELLATE BODY, YOU APPLY THE SAME SORT OF LAW THAT AN APPELLATE JUDGE WOULD APPLY. SO SOME OF THOSE PRINCIPLES ARE, FIRST, THE RECORD THAT YOU WERE PROVIDED IN YOUR PACKETS. THAT IS THE RECORD. IF IT DIDN'T HAPPEN IN THE RECORD, IT DIDN'T HAPPEN.

SO IF YOU HEAR TODAY ANYTHING FROM EITHER PARTY CLAIMING A FACT, IT DOESN'T MATTER. IT DIDN'T HAPPEN UNLESS IT'S PART OF THE RECORD. THERE'S NO ADDITIONAL TESTIMONY THAT'S TAKEN AS PART OF APPELLATE PROCEDURE. YOUR ROLE IS JUST TO DETERMINE WHETHER THE BOARD OF ADJUSTMENT GOT IT RIGHT BACK, BASED ON THE RECORD THAT IT WAS PRESENTED WITH. AS FAR AS WHAT THEY SAY HERE TODAY, THE PARTIES, IT IS ONLY ARGUMENT. IT'S NOT TO BE TAKEN AS ADDITIONAL FACTS. THE APPELLANT HAS THE BURDEN TO SHOW ERROR. THAT'S AN IMPORTANT CONCEPT. SO BASICALLY YOU CAN VIEW IT AS THE DECISION OF THE BOARD OF ADJUSTMENT IS FROZEN BECAUSE IT'S MADE ITS DECISION. AND NOW THE APPELLANT IS COMING FORWARD AND SAYING, HEY, THESE ARE THE POINTS WHERE I THINK THERE WAS ERROR. AND BASICALLY HE'S TRYING TO THAW CERTAIN POINTS OF IT AND SAYING, YOU SHOULD RECONSIDER THIS PART. IF THE APPELLANT DOESN'T ARGUE IT, YOU DON'T TOUCH IT, RIGHT? SO IF THERE'S A CERTAIN FINDING, A CERTAIN HOLDING THAT THE BOARD OF ADJUSTMENT DECIDED, AND THE APPELLANT DOESN'T SAY THAT THAT PARTICULAR THERE COULD BE SEVERAL. RIGHT. LET'S SAY THERE'S FIVE. AND AT THE APPELLANT DOESN'T TARGET THAT

[00:10:01]

THIS IS ACTUALLY WHAT THE LAW IS. AND THEN BUT YOU DON'T GET ANY SORT OF DEFERENCE. IT'S CALLED DE NOVO REVIEW. SO FOR INSTANCE, AGAIN WITH THE SPEEDING TICKET, LET'S SAY THE PERSON ON APPEAL SAYS, HEY, I THINK THIS SPEEDING LAW VIOLATES THE EIGHTH AMENDMENT'S PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT BECAUSE I SHOULD BE FINED $100. THAT'S CRUEL AND UNUSUAL, RIGHT? THAT'S A LEGAL ARGUMENT THAT WOULD BE GIVEN NO DEFERENCE.

RIGHT. SO IF IT WENT TO THE COURT OF APPEALS, THE COURT OF APPEALS WOULD SAY, WE'RE JUST GOING TO RULE ON THIS BASED ON WHAT WE FEEL LIKE IS THE LAW, AND WE DON'T CARE ABOUT WHAT THE LOWER BODY DID BECAUSE WE DON'T GIVE IT ANY SORT OF DEFERENCE. SO ANY QUESTIONS ABOUT THIS? SO THOSE ARE THE TWO LENSES YOU VIEW THROUGH. IF IT'S A FACTUAL FINDING, YOU GIVE IT DEFERENCE. AND IF IT'S A LEGAL DETERMINATION YOU DON'T GIVE IT ANY DEFENSE THERE. ANY QUESTIONS ON THAT. ALL RIGHT. NOW AT THE END OF THE ARGUMENT PORTION YOU'LL HAVE THREE OPTIONS. ONE, SUSTAIN THE DECISION IN WHOLE OR IN PART TWO IS TO REVERSE THE DECISION IN WHOLE OR IN PART. AND THEN THE THIRD THIRD OPTION YOU HAVE IS TO REMAND IT FOR ADDITIONAL FACT FINDING. BUT TO DO SO YOU HAVE THERE HAS TO BE A SHOWING THAT THE NEW MATERIAL. SO LIKE LET'S SAY SOMEBODY TODAY GETS UP AND SAYS, HEY, THERE'S ADDITIONAL FACTS THAT WE WEREN'T ABLE TO PRESENT AT THE HEARING. I WOULD LIKE IT REMANDED TO DO THAT, THERE MUST BE A SHOWING THAT THE NEW MATERIAL WAS NOT AVAILABLE OR READILY DISCOVERABLE AT THE TIME OF THE BOARD'S DECISION, AND THAT IT'S IN THE PUBLIC INTEREST TO GET THE ADDITIONAL INFORMATION. SO BASICALLY, YOU GOT TO BE ABLE TO SAY, HEY, THERE'S A GOOD REASON WHY THEY WEREN'T ABLE TO BRING IT TO THE BOARD OF ADJUSTMENTS ATTENTION. AND WE FIND IT'S IN THE PUBLIC INTEREST TO GO AHEAD AND REMAND, BECAUSE THAT WILL START A NEW PROCESS WHERE IT GOES BACK DOWN TO THE BOARD OF ADJUSTMENT, AND THEY'LL BE TASKED TO MAKE A NEW FACTUAL FINDING BASED OR TAKE NEW EVIDENCE, MAKE A NEW FACTUAL FINDING, AND THEN MAKE A NEW LEGAL DETERMINATION BASED ON THAT. SO THOSE ARE YOUR YOUR THREE OPTIONS AT THE END OF DELIBERATION. SO THAT'S ALL I'M HERE OKAY. COUNCIL MEMBERS, IF YOU HAVE QUESTIONS THAT COME UP AS YOU'RE TRYING TO APPLY WHAT HAS JUST BEEN SHARED, THEN FEEL FREE TO STOP. AND WE'LL WE'LL ALSO STOP THE CLOCK. IF THERE

[00:15:02]

WELL, WITH THAT THEN WE WILL TURN THE TIME OVER AND WE'LL INVITE YOU TO COME FORWARD, MR. KINGSBURY. ALEXANDER KINGSBURY, AND SHARE WITH US THE CONCERNS THAT YOU HAVE. AND ANXIOUS TO LEARN. YEAH. YOU CAN MOVE THAT OVER. THOSE ARE TWO. COUNCILMEMBERS. MY NAME IS ALEXANDER KINGSBURY, I RESIDE AT. PROPERTY IN QUESTION WITH SARAH PARISEAU. BOTH JUST MOVED HERE ABOUT THREE YEARS AGO FROM MASSACHUSETTS, IF YOU'LL FORGIVE ME. PERHAPS IF MY COMMENTARY IS NOT ENTIRELY RESTRICTED TO THE MATERIAL IN THE AFOREMENTIONED PACKETS, I RECEIVED NO PACKET OF ANY KIND, SO I DO NOT KNOW WHAT MATERIAL IS IN IT OR WHAT TO RESTRICT MY COMMENTARY TO, BECAUSE YOU MAY NOT BE FAMILIAR WITH THE NATURE. WHAT IS GOING ON HERE? I WOULD LIKE TO TAKE A FEW OF MY 15 MINUTES TO MAKE THE RECORD CLEAR. THE FIRST CONTACT THAT I HAD WITH THE CITY ON ANY OF THESE MATTERS WAS A DIRECTION THAT MY FRONT YARD WAS IN VIOLATION OF THE ORDINANCE, WHICH STATES, IN PART, THAT NO OWNER OF REAL PROPERTY IN THE CITY OF IDAHO FALLS MAY ALLOW ANY LEAD SPECIES TO GROW TO A HEIGHT OF GREATER THAN TEN INCHES ON THEIR PROPERTY. A. REQUIREMENT WHICH I WILL POINT OUT THERE ARE A GIGANTIC NUMBER OF VIOLATORS OF WITHIN THE CITY OF IDAHO FALLS, INCLUDING THE CITY ITSELF. I WAS ACTED AGAINST BECAUSE OF THREE ANONYMOUS COMPLAINTS, SO I DON'T REALLY HAVE THE OPPORTUNITY TO FACE WHOEVER ACCUSED ME. BUT I RESPONDED TO THE CITY, AND MY PARTNER DID NOT CONTAIN A SIGNIFICANT NUMBER OF LEADS. IT INSTEAD CONTAINED INTENTIONALLY PLANTED ALFALFA, WHICH IT STILL DOES, WHICH WAS INDEED GREATER THAN TEN INCHES TALL, DESPITE HAVING NOT BEEN ACTUALLY MEASURED BY THE OFFICER WHO ORIGINALLY CAME TO INSPECT MY PROPERTY WITHOUT MY KNOWLEDGE OR PERMISSION. UPON FINDING THAT I WAS IN FACT NOT GROWING WEEDS, NOT ACCORDING TO ANY SPECIES DESIGNATION OF ANY KIND. THE FIRST COUNCIL, THE FIRST MEETING OF THE BOARD OF ADJUSTMENT FOUND THAT I WAS IN FACT NOT GROWING WEEDS. AND THEN I WAS TOLD IMMEDIATELY AFTER THE MEETING TO NOT REST ON MY LAURELS IN THE CITY COULD COME AFTER ME FOR ZONING VIOLATION, WHICH THEY SUBSEQUENTLY DID. MY PROPERTY BEING ZONED R-1, NOT PERMITTED FOR AGRICULTURAL USE. I WANT TO DISPEL THE ACCUSATION THAT WAS LEVELED AGAINST ME AT THE SECOND MEETING AT THE BOARD OF ADJUSTMENT, THAT I'M SOME LAWLESS PERSON. I SPENT OVER 13 YEARS IN THE MILITARY. I'VE BEEN RATED TO OPERATE AND SUPERVISE THE OPERATION OF SEVEN DIFFERENT CLASSES OF NUCLEAR REACTOR. I UNDERSTAND THE IMPORTANCE OF REGULATION AND PROCEDURE. BEFORE I CUT DOWN THE TWO TREES THAT WERE IN MY FRONT YARD, I WAS I WAS VERY CAREFUL TO MAKE SURE THAT IT WAS DONE IN ACCORDANCE WITH ALL THE REQUIREMENTS. I ORIGINALLY WISHED TO PLANT TREES IN MY FRONT YARD AND DID NOT, BECAUSE I BECAME AWARE THAT THERE WAS A LIST OF APPROVED SPECIES AND THERE WAS A POWER LINE OVER MY HOUSE WHEN, BEFORE PLANTING ALFALFA IN MY FRONT YARD, I CHECKED THE CITY CODE AND IT SAID SPECIFICALLY THAT IT WAS ACCEPTABLE TO BE GROWING FOOD FOR MAN OR BEAST, WHICH THIS ALFALFA. MUCH OF IT ENDS UP FEEDING HORSES AND CATTLE. THE OTHER RESIDENT OF MY HOME RIDES HORSES RECREATIONALLY, SO AFTER BEING TOLD THAT I WAS GOING TO BE ATTACKED FOR MY ZONING VIOLATION, I BROUGHT UP TWO POINTS AND THEY ARE THE SAME TWO POINTS THAT I'M GOING TO PRESENT TO YOU. NOW. I CANNOT SPEAK VERY PRECISELY TO THE LOGIC THAT WAS USED TO DRAW THE DECISION AT THE SECOND MEETING, BECAUSE IT WAS NOT PRESENTED, IT WAS THERE WAS A DISCUSSION, BUT TO MY KNOWLEDGE, THERE WAS NOT A CLEAR CONSIDERATION OF THE MOST SIGNIFICANT. ONE OF MY POINTS, THE LESS SIGNIFICANT ONE OF MY POINTS, IS THAT I AM INDEED ENGAGING IN PART IN AGRICULTURE ON MY FRONT YARD. NOW, I ALSO CONSIDER THE ALFALFA TO BE SUBSTANTIALLY MORE BEAUTIFUL THAN AVERAGE TURFGRASS. I FULLY ADMIT, AND HAVE SINCE THE BEGINNING THAT IT IS UNUSUAL. IT IS UNUSUAL. MANY THINGS ARE UNUSUAL. MOST OF THEM ARE LEGAL. I LIKE THAT THERE ARE BUTTERFLIES AND BEES THAT COME VISIT THE FLOWERS THAT GROW ON THE ALFALFA IN MY PROPERTY. I THINK IT IS A BEAUTIFUL PLANT COMPARED TO THE STANDARD TURFGRASS. I DON'T ASK ANYBODY ELSE TO PLANT ALFALFA. I JUST WANT TO BE LEFT ALONE. I'M NOT HARMING ANYBODY. I'M NOT. I DON'T THROW PARTIES. I DON'T RUN MY LOG SPLITTER EXCEPT DURING THE DAY AND ONLY

[00:20:04]

I DO NOT HAVE A LAWYER BECAUSE THIS IS A QUASI LEGAL PROCEEDING. ALL I WANT IS TO BE LEFT IN PEACE AND TO GO ON MY WAY. I DON'T WANT TO GO TO THE EXPENSE AND DIFFICULTY OF HIRING A LAWYER. I WANT THE CITY'S LAWYERS TO BE WORKING ON THINGS THAT ACTUALLY AFFECT PEOPLE AND MATTER. I'M NOT HURTING ANYBODY. I BELIEVE THAT I AM PROTECTED UNDER THE IDAHO RIGHT TO FARM LAW. I BELIEVE THAT I AM NOT DOING ANYTHING THAT IS HARMING ANYBODY, AND I BELIEVE THAT IF I AM ACTIVE AGAINST FOR ENGAGING IN AGRICULTURAL ZONED IN R-1, I AM VERY, VERY CLEARLY BEING SINGLED OUT FOR THAT AND THAT THERE ARE DOZENS, IF NOT HUNDREDS OF OTHER PROPERTIES THAT ARE NOT SO CULTURALLY USED WHERE PEOPLE ARE CLEARLY ENGAGING IN AGRICULTURE. BUT WHY THE CITY SHOULD MOVE AGAINST ME ALONE INSTEAD OF ALL OF THOSE PEOPLE, STARTS TO LOOK AN AWFUL LOT LIKE I'M BEING PUNISHED FOR STANDING UP FOR MY RIGHTS. OKAY, COUNCIL, DO YOU HAVE ANY QUESTIONS OF MR. KINGSBURY BEFORE HE STEPS ASIDE? YOU SAID I DO HAVE A QUESTION. ARE YOU ARE YOU MAKING A FACTUAL STATEMENT THAT THERE IS NO DIFFERENCE BETWEEN GARDENING AND FARMING? I AM MAKING THE FACTUAL STATEMENT THAT BOTH GARDENING AND FARMING ARE AGRICULTURAL. OKAY. THANK YOU. OKAY, OKAY. WELL, STAY TUNED AND I'LL ASK YOU TO STAY IN THE ROOM FOR THE REMAINDER OF THE PROCESS AT THIS TIME. THEN WE'LL INVITE MR. SANNER TO COME FORWARD WITH THE INFORMATION THAT YOU HAVE TO SHARE. OKAY.

THANK YOU. THANK YOU. MAYOR. COUNCIL FIRST TO. SO WE'RE HERE FOR APPEAL. 20 5-002. I'M GOING TO SKIP MY FIRST TWO SLIDES JUST BECAUSE THEY WERE ALREADY DISCUSSED. I WAS GOING TO SHOW YOU THAT THIS IS A DECISION MAKING PROCEDURES AND RULINGS FROM THE BOARD OF ADJUSTMENT AND THE APPEAL PROCESS, BUT THAT WAS ALREADY DISCUSSED. SO I'LL GO THROUGH A BRIEF TIMELINE AND SHOW SOME EVIDENCE THAT WAS SHOWN DURING THE BOARD OF ADJUSTMENT HEARING. SO ON MAY 6TH, 2025, THE CODE ENFORCEMENT ISSUED A VIOLATION LETTER FOR WEEDS TALLER THAN TEN INCHES ON A PROPERTY AT 1796 CHARLINE STREET. AS THE APPLICANT STATED, THOSE WERE THREE ANONYMOUS COMPLAINTS THAT WERE MADE. WE DON'T KNOW WHO THOSE WERE MADE, BUT THEY REPORTS ARE IN YOUR PACKET THAT WAS PRESENTED TO YOU, AND THOSE REPORTS ARE FROM THE CODE ENFORCEMENT OFFICER. OOPS. ON MAY 16TH, UPON RECEIVING THAT VIOLATION, THE APPLICANT APPEALED THE VIOLATION AND FILED AN APPEAL TO THE BOARD OF ADJUSTMENT WHERE THESE GO TO.

ON MAY 29TH, THE BOARD OF ADJUSTMENT HEARD THE CASE IN A PUBLIC MEETING, AND THE APPLICANT STATED THAT HE WAS GROWING ALFALFA FOR BOTH ORNAMENTAL AND AGRICULTURAL PURPOSES. THE BOARD OF ADJUSTMENT FOUND THAT ALFALFA WAS NOT AN ORNAMENTAL PLANT. IN THEIR REASON STATEMENT, WHICH IS ATTACHED IN YOUR PACKET AS WELL, AND ALSO THE BOARD OF ADJUSTMENT FOUND THAT THE ALFALFA TO FEED ANIMALS WAS CONSIDERED AN AGRICULTURAL PURPOSE. ACCORDING TO SECTION FIVE 811 OF OUR CODE. HOWEVER, BE AWARE THAT WHEN THE BOARD OF ADJUSTMENT WAS HEARING THIS CASE, THEY WERE ADVISED SOLELY THAT THEY WERE FOCUSING ON THE WEED VIOLATION. SO THAT'S WHAT THEY WERE LOOKING AT AT THE TIME. THEY ALSO, AS THE APPLICANT STATED CORRECTLY, THAT THE BOARD OF ADJUSTMENT ADVISED THE APPLICANT THAT

[00:25:03]

ON THE TOP THERE YOU'LL NOTICE OUR ONE IS JUST THREE OVER RIGHT HERE. IF THERE'S NO P OR C IN THAT BOX, THEN THAT MEANS IT IS NOT A PERMITTED USE. AGRICULTURAL USES ARE PERMITTED IN THE ZONE, BUT FROM OUR KEY UP R2, R3 RESIDENTIAL USES ARE NOT PERMITTED. ALSO, IN ACCORDANCE TO OUR COMPREHENSIVE PLAN, IT'S IMPORTANT TO NOTE THAT THIS AREA IS PRIMARILY URBAN AND ITS DEVELOPMENT PATTERN, AND IT'S BEEN THAT WAY SINCE BASICALLY THE 1960S. THE COMPREHENSIVE PLAN SHOWS THIS AS GENERAL, URBAN, GENERAL URBAN. OUR COMPREHENSIVE CODE TRANSECT. IT STATES THAT THE GENERAL URBAN TRANSECT IS PRIMARILY DEALING WITH COMMERCIAL AND SERVICES, AND ALSO ALLOWS FOR RESIDENTIAL IN THOSE TRANSECTS. SO R1 ZONE I JUST STATE IS IN COMPLIANCE WITH OUR COMPREHENSIVE ZONING COMPREHENSIVE PLAN. AND THUS R1 ZONE IS ADEQUATE AND NECESSARY IN THIS AREA. THIS IS NOT AN AREA THAT WAS AGRICULTURE AT ONE TIME, AND URBAN GROWTH DEVELOPED INTO IT SO THAT YOU HAD LEFTOVER LAND IN ESSENCE,

[00:30:03]

AGRICULTURE DOES NOT INCLUDE COMMERCIAL STOCKYARDS, SO IT DEFINES WHAT AGRICULTURE IS, AND OBVIOUSLY IT'S NOT PERMITTED ON THE R1 ZONE. I'LL GO THROUGH THESE VERY QUICKLY.

THIS IS JUST TO SHOW A HISTORY. THIS IS AN AERIAL FROM GIS FROM 2023 SHOWING THE PROPERTY. AS THE APPLICANT STATED, THERE WERE SOME TREES IN THE FRONT OF THE PROPERTY. I ZOOMED IN ON STREET VIEW ON GOOGLE MAPS. THE LAST DATED AERIAL PICTURE THAT THEY HAD FROM STREET VIEW WAS FROM 2015, SHOWING A GENERAL IN TERMS OF VEGETATION, TREES, GRASS THAT'S TYPICAL IN AN URBAN ENVIRONMENT. THIS IS THE AERIAL FROM 2025. YOU CAN SEE THAT THE FRONT OF THE PROPERTY HAS BEEN REMOVED, THE VEGETATION HAS BEEN REMOVED AND AS THE APPLICANT STATED, HE'S BEEN GROWING ALFALFA AND OTHER TYPES OF VEGETATION ON THE PROPERTY. AND THEN THIS IS THE PICTURE, AS I STATED FROM, FROM MY STAFF THAT TOOK THE PICTURE DURING THE WHEN THEY WERE WRITING UP THE CODE VIOLATION ON THE PROPERTY. AND WITH THAT, I WILL TURN IT TO MR. BECK FOR ANALYSIS ON THE RIGHT TO FORM ACT FOR MR. BECK. AGAIN, COUNCIL MEMBERS, DO YOU HAVE ANY QUESTIONS FOR MR. SANTER? OKAY. THANK YOU. GOOD AFTERNOON, MAYOR AND COUNCIL MEMBERS, I APPRECIATE THIS TIME. TO GIVE YOU A LITTLE BIT OF A LEGAL DISCUSSION HERE ON THE RIGHT TO ACT. BEFORE I DO BREAK INTO THAT, I DID WANT TO POINT OUT ANOTHER ISSUE AS WELL. THE REASON STATEMENT OF RELEVANT CRITERIA AND FACTS FROM THE ISSUED BY THE BOARD OF ADJUSTMENT DOES PROVIDE, AT THE BOTTOM OF THAT DOCUMENT, INFORMATION ON THE APPELLATE PROCESS. ONE OF THE PARTICULAR THINGS THAT THAT RESTATEMENT POINTS OUT AND PROVIDES IN PART, IS THAT THE WRITTEN NOTICE OF APPEAL SHALL BE FIRST, SHALL BE FIRST FILED WITH THE ZONING ADMINISTRATOR, AND THIS IS THE IMPORTANT PART, AND SHALL SET FORTH OBJECTIONS TO THE DECISION MADE BY THE BOARD, AS INDICATED BY WADE. THE THE WRITTEN OBJECTION THAT WAS PROVIDED FOR FOR THE BASIS OF OBJECTING TO THIS, DID NOT SET FORTH THOSE OBJECTIONS. IT JUST IS A SIMPLE STATEMENT THAT THE APPELLANTS WERE APPEALING THAT DECISION TO THE BOARD OF ADJUSTMENT. THAT'S IMPORTANT. IMPORTANT BECAUSE THESE APPELLATE PROCESSES ARE SUPPOSED TO PROVIDE MORE INFORMATION. IN FACT, THE SUPREME COURT HAS PROVIDED PRETTY RELEVANT CASE LAW ON THIS AND STATE VERSUS ZITKO IT PROVIDES. AN APPELLANT HAS WAIVED HIS ISSUE ON APPEAL BY NOT PROVIDING PROPER LEGAL AUTHORITY WHEN ISSUES ON APPEAL ARE NOT SUPPORTED BY PROPOSITIONS OF LAW, AUTHORITY OR ARGUMENT, THEY WILL NOT BE CONSIDERED. A PARTY WAIVES AN ISSUE ON APPEAL. EITHER AUTHORITY OR ARGUMENT IS LACKING, NOT JUST BOTH OR LACKING. AND I WOULD POSIT THAT IN THIS INSTANCE, THIS. THIS WRITING REQUESTING APPEAL, AN APPEAL DID NOT PROVIDE LEGAL AUTHORITY, DID NOT PROVIDE ANY ARGUMENT. IT DID NOT PROVIDE ANY BASIS FOR THE OBJECTION. SO I WOULD ASK ON ON THAT ACCOUNT, I WOULD BE ASKING THAT THE THIS COUNCIL ESSENTIALLY MAKE A DETERMINATION TODAY AFFIRMING

[00:35:04]

IT'S PROTECTING THOSE FARMLANDS THAT HAVE BEEN OUTSIDE OF THE CITY AND HAVE ESSENTIALLY GONE BE EITHER BUTTING UP RIGHT NEXT TO THE CITY'S NEW BORDERS, OR HAVE EVEN GONE AS FAR AS TO BECOME ANNEXED INTO A CITY. IT PROTECTS THOSE LANDS. SO I THINK IT'S IMPORTANT THAT I EVEN BRING UP HERE IDAHO CODE SECTION 22. SORRY, IDAHO CODE 22 DASH 4503. NO AGRICULTURAL OPERATION, AGRICULTURAL FACILITY OR EXPANSION THEREOF SHALL BE OR BECOME A NUISANCE, PRIVATE OR PUBLIC, BY ANY CHANGED CONDITIONS IN OR ABOUT THE SURROUNDING NONAGRICULTURAL ACTIVITIES AFTER IT HAS BEEN IN OPERATION FOR MORE THAN A YEAR. WHEN THE OPERATION, FACILITY OR EXPANSION WAS NOT A NUISANCE AT THE TIME IT BEGAN OR WAS CONSTRUCTED AGAIN, THIS ACT IS VERY MUCH HITTING ON THE FACT THAT IT'S PROTECTING EXISTING FARM LANDS. IT'S IT'S PROTECTING THOSE FARMLANDS THAT ARE GETTING ANNEXED INTO CITIES. NOW, I WOULD POINT OUT THAT THERE IS A PORTION OF THE CODE THAT WAS MENTIONED AT THE PREVIOUS HEARING THAT WHEN JUST READ SEPARATELY, LIKE CERTAIN PORTIONS OF THAT CODE, IT DOES GIVE A LITTLE CREDENCE TO THE THE APPELLANT. AND I'LL GO AHEAD AND READ THAT. AND THIS IS JUST A PORTION OF, YOU KNOW, CITY, COUNTY, TAXING DISTRICT OR OTHER POLITICAL SUBDIVISION OF THIS STATE SHALL ADOPT ANY ORDINANCE OR RESOLUTION THAT DECLARES ANY AGRICULTURAL OPERATION, AGRICULTURAL FACILITY, OR EXPANSION THEREOF THAT IS OPERATED IN ACCORDANCE WITH GENERALLY RECOGNIZED AGRICULTURAL PRACTICES TO BE A NUISANCE. NOR SHALL ANY ZONING ORDINANCE THAT REQUIRES ABATEMENT AS A NUISANCE OR FORCES THE CLOSURE OF OF ANY SUCH AGRICULTURAL OPERATION OR AGRICULTURAL FACILITY BE ADOPTED. ANY SUCH ORDINANCE OR RESOLUTION SHALL BE VOID AND SHALL HAVE NO FORCE OR EFFECT. SO WHEN READING JUST THAT PORTION OF THE CODE RIGHT THERE, IT DOES SOUND A LITTLE HARSH ON THE CITY'S ABILITY TO TO BE ABLE TO GOVERN FARMLANDS.

HOWEVER, YOU YOU NEED TO READ THAT SECTION AS A WHOLE. THE VERY NEXT STATEMENT PROVIDES ZONING AND NUISANCE ORDINANCES SHALL NOT APPLY TO AGRICULTURAL OPERATIONS AND AGRICULTURAL FACILITIES. FACILITIES THAT WERE ESTABLISHED OUTSIDE THE CORPORATE LIMITS OF A MUNICIPALITY, AND THEN WERE INCORPORATED INTO THE MUNICIPALITY BY ANNEXATION.

AGAIN, THIS GOES TO HITTING ON THE FACT THAT THE FARMLANDS, PREVIOUS FARMLANDS ARE

[00:40:04]

OKAY. OKAY, SO IF I IN ASKING THE QUESTION OF WHERE THE DETERMINATION IS MADE IN THE LAW ABOUT WHAT IS A PERMITTED PLANTING VERSUS A NOT PERMITTED PLANTING, RIGHT? A TOMATO PLANT VERSUS AN ALFALFA PLANT, WHEN IS ONE ACCEPTABLE AND OR WHY IS ONE ACCEPTABLE AND NOT? WHERE DOES THAT? WHAT I'M TRYING TO ASK IS WHO GETS TO DECIDE? AND THEN WHAT YOU MIGHT BE TELLING ME, HOWEVER, IS THAT'S NOT REALLY RELEVANT HERE. IT'S BEEN DECIDED, SO MAYBE I CAN'T EVEN ASK A QUESTION. SO. SO IT HAS BEEN DECIDED BY THE BOARD OF ADJUSTMENT. I KNOW THE CODE ITSELF DOESN'T NECESSARILY MAKE ANY DIFFERENTIATION BETWEEN ALFALFA AND TOMATO OR, YOU KNOW, BASIC GARDENING PLANTS. HOWEVER, THE CODE DOES PROVIDE ACCESSORY USE. WELL, WHAT IS AN ACCESSORY USE? IT'S IT'S A SUBORDINATE USE TO THE PRIMARY USE OF THE PROPERTY. AND THAT INSTANCE, THE BOARD OF ADJUSTMENT WAS DISCUSSING THAT PRINCIPLE AND DISCUSSING THE FACT THAT IN THIS INSTANCE THEY DID NOT SEE. SOMEBODY CONVERTING THEIR ENTIRE FRONT PROPERTY FRONT LAWN TO ESSENTIALLY BE THE SAME THING AS SOMEBODY'S GARDEN. OKAY. SO I GUESS YOU COULD CALL THAT A LEGAL DETERMINATION. THEY DETERMINED THAT USING THE FRONT YARD FOR ALFALFA WAS NOT THE SAME AS THE THE PERMITTED IDEA OF A OF A CAR, I BELIEVE SO, YES. THANK YOU FOR HELPING ME, COUNCILOR FRIEDMAN. I'M CURIOUS ABOUT READING THROUGH THIS, AND IT TALKS ABOUT THE TEN INCH RULE AS FAR AS THE WEEDS CAN BE TALLER. SO LET'S LET'S JUST ASSUME THAT HE CUTS THE ALFALFA AND IT'S SHORTER THAN TEN INCHES THAN. IS IT ALLOWED? YES. OKAY. IF IT'S KEPT UNDER TEN INCHES, THEN HE WOULD NOT BE IN VIOLATION OF THE AGRICULTURAL ORDINANCE.

OKAY, BUT JUST FOR CLARITY, FOR ME, THAT'S THE WEED PORTION. THAT'S THE. SORRY. MY MY APOLOGIES. THE THE WEED ORDINANCE. YES. IF HE KEPT IT UNDER TEN INCHES, HE WOULD NOT BE IN VIOLATION OF THE WEED ORDINANCE. OKAY. THIS THIS ACTIONS UNDER THE ZONING. THE.

YES, THE THE AGRICULTURE ZONING CODE IS UNDER THE ZONING CODE. YES. OKAY. SO TO BE CLEAR THEN ONE MORE TIME, HE IS STILL IN VIOLATION OF THE ZONING CODE, EVEN IF HE CUTS THE ALFALFA TO TWO INCHES, IT'S STILL ALFALFA GROWN IN A RESIDENTIAL ZONE. I THINK THAT WOULD DEPEND ON THE PURPOSES THAT JUNCTURE. I THINK IF YOU'RE CUTTING THE CONSTANTLY CUTTING THE ALFALFA TO BE UNDER A CERTAIN AMOUNT, I THINK THERE WOULD PROBABLY BE ARGUMENT MADE THAT IT'S NOT BEING USED AS AN AGRICULTURAL PURPOSE. BUT AGAIN, BECAUSE I'M NOT BECAUSE THE I MEAN, THE FIRST VIOLATION WAS RELATED REALLY TO THE HEIGHT. RIGHT. AND. OUR, OUR WEED ORDINANCE DOESN'T REALLY PARSE OUT ALL THE DIFFERENT TYPES OF GRASS AND WEEDS THAT YOU CAN AND

[00:45:02]

OKAY. THANK YOU VERY MUCH. MR. KINGSBURY WILL INVITE YOU TO COME BACK AND OFFER YOUR REBUTTAL TO ANY OF THE POINTS RAISED BY EITHER MR. SANNER OR MR. BECK. REGARDING SPECIFICALLY THE IDAHO RIGHT TO FARM LAW. I STRONGLY ENCOURAGE YOU TO CONSIDER THE LAW IN ITS ENTIRETY. BY ALL MEANS. THERE IS A PORTION THAT WAS READ THAT QUITE CLEARLY SAYS THAT NO CITY IS ALLOWED TO MAKE ZONING REGULATIONS, THAT STATE THAT FARMLAND IS A NUISANCE. IT THEN GOES ON TO TALK ABOUT OTHER THINGS. IT TALKS ABOUT PURPOSE OF THE LAW AND SO FORTH. BUT IT DOES NOT SAY, YOU MAY NOT MAKE AN ORDINANCE SAYING THAT ONLY EXISTING FARMLAND THAT HAS BEEN FARMLAND FOR OVER A YEAR AND IS OPERATED LIKE ALL OF IT SAYS, YOU MAY NOT MAKE THOSE ORDINANCES. I'M HAPPY TO SEE THAT THE DEFINITION OF AGRICULTURE WAS PUT UP QUITE CLEARLY COVERED. HORTICULTURE, AQUACULTURE, ALL SORTS OF THINGS, RAISING FLOWERS. SO I AGAIN RAISE THE POINT THAT IF AGRICULTURE ISN'T ALLOWED, IT'S ALL OF THESE ZONES IN THE CITY.

WHY AREN'T THE POLICE GOING AROUND CITING PEOPLE FOR GROWING FLOWERS AND TOMATOES? AND ALL OF THESE THINGS QUITE CLEARLY FALL UNDER THE DEFINITION OF AGRICULTURE. IT'S ENTIRELY TRUE THAT IN MY MOST RECENT APPEAL, I SIMPLY STATED MY DESIRE TO APPEAL THE DECISION. PART OF THE REASON FOR THAT IS BECAUSE THE DISCUSSION THAT WAS HAD BY THE THREE MEMBERS OF THE BOARD OF ADJUSTMENT CONTAINED TO THE LIMIT OF MY KNOWLEDGE, AND I AM NOT A LEGAL PROFESSIONAL, NO REAL REASONING. THEY JUST SAID, I THINK THIS GUY JUST LIKES TO BREAK RULES. I THINK THIS GUY DOESN'T LIKE FINES, EVEN THOUGH I DIDN'T BRING UP A SINGLE WORD ABOUT A FINE. AND IN FACT, I HAVE NOT BEEN ASKED TO PAY A FINE YET AND MORE THAN HAPPILY DO SO IF IT IS AN APPROPRIATE FINE. OKAY. IF I'M NOT GIVEN, I'M NOT GIVEN A MECHANISM BY WHICH A DECISION WAS MADE. I CAN'T ATTACK THAT MECHANISM. I CAN'T ATTACK REASONING THAT DOES NOT EXIST. THE ARGUMENT IN THE SECOND BOARD OF ADJUSTMENT MEETING. AND HERE KEEP GETTING A BUNCH OF STUFF LIKE THIS. LAND HAS ALWAYS BEEN AGRICULTURAL SINCE 1963. OR YOU KNOW, THIS LAND, YOU KNOW, IS ON THE CORNER OF, YOU KNOW, SUCH AND SUCH STREET. ALL OF THESE THINGS MAY BE TRUE, BUT IF THEY STRIKE ME AS WHOLLY IRRELEVANT, IT DOESN'T SAY IN THE RIGHT TO FARM ACT THAT AS LONG AS IT WAS FARMLAND IN 1960, WHENEVER THIS APPLIES, IT SAYS THAT THE CITY MAY NOT MAKE THOSE SORTS OF DECISIONS. BUT EVEN IF YOU WISH TO COMPLETELY DISREGARD THE IDAHO RIGHT TO FARM ACT, SAY IT DOESN'T APPLY. SAY, IS STRICTLY IDAHO FALLS.

CITY CODE SPECIFICALLY SAYS PROVIDING FAMILY FOOD AND FOR THE USE OF THOSE RESIDING ON

[00:50:05]

[00:58:19]

THAT IS THE THING THAT I WAS OBJE ARE YOU CHANGING THE FACTS THAT WERE I MEAN, THIS IS A FACT IN OUR DOCUMENT. I AM CHANGING THE FACTS AS THEY ARE AT THE TIME THAT WAS TRUE. WE DID NOT HAVE A MECHANISM TO HARVEST THE ALFALFA BECAUSE IT'S VERY, VERY DIFFICULT TO RUN A BALER OVER A PIECE OF PROPERTY THAT'S ONLY ABOUT 80FT ON EACH SIDE. BUT WE LEARNED HOW TO SITE AND TOOK UNDERTOOK TO PURCHASE A SITE THAT ALFALFA IS NOW BEING USED FOR FOOD FOR HORSES AND OCCASIONALLY CATTLE. OKAY, I DON'T WANT TO ARGUE WITH YOU ABOUT IT BECAUSE THAT'S NOT THE PURPOSE HERE. DO THAT IN DELIBERATION. BUT I GOT WHAT YOU'RE SAYING. THANK YOU. ALL RIGHT. THANK YOU. THANK YOU. COUNCIL MEMBERS, DO YOU HAVE ANY QUESTIONS FOR ANY OF THE STAFF MEMBERS WHO ARE PRESENT HERE TODAY? I'M INTERESTED TO KNOW ABOUT THE REASON. STATEMENT OF RELEVANT CRITERIA, AND THAT BEING A. A PIECE THAT WAS NOT PROVIDED TO THE APPELLANT. SO WHETHER OR NOT THAT IS A YEAH, THAT WAS AN OVERSIGHT OR AN OVERSIGHT, WHAT OUR PROCESS IS ON THAT. SO YEAH, EITHER MR. BECK OR MR. CENTER IF YOU CAN HELP, HELP US UNDERSTAND HOW WE GOT HERE TODAY IN TERMS OF WHAT INFORMATION WAS SHARED WITH WHOM. SO THERE ARE TWO PIECES OF RELEVANT CRITERIA. ONE WAS

[01:00:08]

I, I CANNOT SPEAK AS TO WHETHER OR NOT HE RECEIVED THAT THAT ONE. HOWEVER, THIS THE SECOND ONE PERTAINING TO THE JULY 14TH. WELL, HE WAS FOUND ON FOR MY LACK OF IGNORANCE. THE NOT GUILTY ON THE FIRST ONE. RIGHT. SO HE WAS THE BOARD FOUND IN FAVOR OF THE APPELLANT AT THAT TIME. IT'S THE JULY HEARING THAT THAT RELEVANT CRITERIA THAT WAS EMAILED TO THE TO THE APPELLANT. I CAN'T GIVE THE SPECIFIC DATES, BUT I DO KNOW THAT I WAS ALSO ATTACHED ON THAT EMAIL. AND SO HE WOULD HAVE RECEIVED THAT THAT DOCUMENT GIVING THE MOST RECENT RELEVANT CRITERIA. AND I BELIEVE THAT ONE WAS THE ONES I KNOW. THE 13TH OF AUGUST. YES.

OKAY. OKAY. SO YOU WERE ON THE EMAIL AND HE WAS ON THE EMAIL AND YOU RECEIVED IT. I RECEIVED IT AS WELL. IT WAS SENT BY NEESHA OR MICHELLE FOSTER. OKAY. ALL RIGHT. COUNCILOR FRANCIS.

SO I WANT TO KNOW WHEN IT WOULD BE APPROPRIATE TO SAY THIS IN DELIBERATION. OR IT CAN BE SAID IF IT HASN'T BEEN BROUGHT UP IN THE ACTUAL HEARING PART, THIS WOULD NOT BE THE ONLY CASE WHERE WE'VE DEALT WITH. GROWTH OVER TEN INCHES ON PRIVATE PROPERTY IN THE CITY AS FAR AS VIOLATION OF THE WEED LIKE A WEED ORDINANCE GOES. NO, WE'VE HAD DIFFERENT INSTANCES OF THE THE WEED ORDINANCE. YES. SO THAT COULD BE PART OF OUR DELIBERATION. THAT WOULD BE MAYBE A QUESTION THAT MR. JONES HAS TO ANSWER. I MEAN, WE'RE TRYING TO ANSWER WHAT HE SAID.

SO AS FAR AS THE DECISION OF THE BOARD OF ADJUSTMENT, THAT. YES, THANK YOU. AS FAR AS THE DECISION OF THE BOARD OF ADJUSTMENT, THE EARLIER ONE, THAT ONE WAS NOT APPEALED BY EITHER PARTY. SO THAT WAS FROZEN. THAT CAN'T BE CHANGED BECAUSE IT'S BEEN DECIDED THAT CAN'T BE OVERTURNED BY THIS BODY QUESTION. OKAY. AS FAR AS AS THIS APPEAL, THIS APPEAL HAS TO DO WITH THE BOARD OF ADJUSTMENTS DECISION THAT APPELLANT WAS IN VIOLATION OF THE ZONING CODE. IF THE WEED ORDINANCE PLAYS INTO YOUR ANALYSIS OF WHETHER HE'S CORRECT OR NOT, THAT'S FAIR GAME. YOU CAN DECIDE YOU CAN CONSIDER THAT, OKAY. BUT WHAT WE CAN'T DO IS OVERTURN THE PRIOR DECISION SAYING THAT HE WAS NOT IN VIOLATION. SO YOU COULDN'T GO BACK AND SAY, OKAY, NOW YOU ARE IN VIOLATION. YOU CAN'T DO THAT. YEAH, OKAY. OKAY.

AND I WAS JUST REFRESHED ON THE DATE THAT THAT EMAIL CONTAINING THAT RELEVANT CRITERIA IS LIKE A STATEMENT OF RELEVANT CRITERIA THAT WAS SENT ON AUGUST 15TH. OKAY. ONE MORE QUESTION. YES. WHAT IS OUR CODE REGARDING REFUNDING THE APPELLANT IS UPHELD AT THE BOARD OF ADJUSTMENT. MY UNDERSTANDING OF IT IS IT IS SUPPOSED TO BE REFUNDED. SO I WOULD I WOULD BE WILLING TO LOOK INTO IF THAT WAS NOT WHAT WE FOUND OUT THAT REFUND AND TRY TO FIND OUT WHY. IT WASN'T BECAUSE I WAS UNDER THE IMPRESSION IT HAD. YEAH, YEAH.

OKAY. THE ORIGINAL ONE THAT WHERE THE BOARD OF ADJUSTMENT MADE UP. ALL RIGHT. OKAY. ANY OTHER QUESTIONS? ALL RIGHT. WELL, THEN I THINK WHAT WE'RE GOING TO DO IS, WELL, THE NEXT STEP WOULD BE TO CLOSE THE HEARING AND THEN ALLOW COUNCIL MEMBERS TO DELIBERATE. BEFORE WE DO THAT, I JUST WANT TO MAKE SURE THAT YOU HAVE CLARITY ON ALL THE FACTS THAT YOU FEEL YOU NEED TO MAKE YOUR DECISION. IF THERE IS A PROCESS CONCERN, WE CAN DEFINITELY ASK THOSE QUESTIONS OF OUR CITY ATTORNEY AS YOU'RE HAVING YOUR CONVERSATION. BUT IN TERMS OF CONTENT OR FACTS, DO YOU FEEL LIKE YOU HAVE EVERYTHING YOU NEED? WE CAN REOPEN THE HEARING, BUT IT'S MESSY. IT'S EASIER TO TO FEEL GOOD ABOUT IT BEFORE WE CLOSE IT NOW. ALL RIGHT. I'M NOT SEEING ANY ANYBODY MAKING ANY MOVES. SO I'M GOING TO CLOSE THE HEARING AND I WILL NOW TURN IT OVER TO YOU COUNCIL MEMBERS TO DELIBERATE AND COME TO A DECISION. I WOULD ONLY BE VOTING IF THE COUNCIL WERE TO TIE. THEY'RE NOT GOING TO TIE TODAY BECAUSE WE ONLY HAVE FIVE

[01:05:05]

THAT'S RIGHT, THAT'S RIGHT. OKAY. THANK YOU. MAYOR. I WILL NOTE WE HAVE A MEETING AT 415 AND THAT CLOCK IS A LITTLE BIT SLOW. THAT'S RIGHT. SO IT'S KIND OF LISTED. IT'S THIS IS AN UNUSUAL PRACTICE FOR US. BUT WE DO IF WE ARE NOT ABLE TO COME TO A DECISION BY 415 WE WILL BREAK GO INTO THE EXECUTIVE SESSION WHICH IS SET FOR A TIME CERTAIN 415 AND WHEN THAT'S DONE, COME BACK IN HERE AND RESUME BUSINESS. I FORGOT TO MAKE THAT CLEAR AT THE BEGINNING OF THE MEETING, BUT BECAUSE OF THAT, IF YOU HAVE ANY WELL, ANYWAY, BECAUSE OF THAT, THAT'S HOW IT'S GOING TO ROLL. SO KEEP GOING. ALL RIGHT. I'LL MAKE A DELIBERATION STATEMENT. AND MR. JONES, WOULD YOU TELL ME IF I GET OUT OF LINE AND I SHOULDN'T SAY THIS, I WOULD LIKE THE APPELLANT TO KNOW THAT IN MY YEARS ON COUNCIL, YOU ARE NOT BEING SINGLED OUT. WE HAVE DEALT WITH SIMILAR PROBLEMS AND ASKED PEOPLE TO MAKE CHANGES. AND SECOND, THE IN MY MIND, ALWAYS THE PURPOSE OF CODE IS AND ZONING LIKE THE R-1, IS TO PROTECT ALL THE OTHER PROPERTY OWNERS AS WELL AS ONE INDIVIDUAL. SO WE HAVE TO SPEAK FOR THE WHOLE GROUP OF R-1, WHICH DOES NOT PERMIT AGRICULTURE. YOU HAVE ADMITTED THAT YOU WERE INVOLVED IN AGRICULTURE. SO IN THAT WAY, I, I DON'T FIND THE FACTUAL ERROR IN THE BOARD OF ADJUSTMENTS DECISION. AND WHEN I LOOK AT THEIR REASONS STATEMENT. I DON'T FIND A LEGAL QUESTION. BUT YOU DIDN'T REALLY RAISE IT ON THE LEGAL BASIS. IT WAS THE LEGAL CHALLENGE. I DIDN'T HEAR YOU SAY THAT. I ONLY HEARD THE STATEMENT OF FACTUAL ERRORS. I DON'T FIND THOSE. AND I DO WANT YOU TO KNOW YOU HEAR THE PART ABOUT FEELING SINGLED OUT, BUT IN MY MIND IS NOT THE CASE. WE HAVE MADE SIMILAR DEMANDS OF OTHER PEOPLE. ALL RIGHT, SO, COUNCILOR FRANCIS, TECHNICALLY, YOUR AUDIENCE OR YOUR COLLEAGUES AS YOU'RE TRYING TO COME TO A DECISION AND SO DO YOU HAVE A MOTION OR A POSITION TO PUT FORWARD? YEAH. MY POSITION IS TO UPHOLD THE BOARD OF ADJUSTMENT, BECAUSE THE REASON STATEMENT, THEY'RE LISTING, REASONS TO MY MIND, IS FACTUALLY CORRECT. COUNCILOR FRIEDMAN I'LL GO NEXT. FIRST OF ALL, THE RIGHT TO FARM ACT IS A NO STARTER FOR ME. IT WAS MEANT TO PROTECT EXISTING FARMLAND FROM BEING CALLED A NUISANCE. AS CITIES GROW AROUND IT. SO I AGREE WITH THE WITH THE BOARD OF ADJUSTMENT ON THAT. AND WE CHOOSE TO LIVE TOGETHER IN CITIES AND. WE'VE GOT TO

[01:10:02]

OTHER COUNCIL MEMBERS, DO YOU HAVE EITHER A MOTION TO MAKE OR A POSITION TO PUT FORWARD? I ALSO THERE ARE MANY OF THESE RIGHT TO FARM AND I THINK THAT AS I READ IT, IT IS CLEAR THAT THE YOU CANNOT DECLARE SOMETHING IN NUISANCE AS GROWTH GOES OR GROWS AROUND IT, SUDDENLY IT DOESN'T BECOME A NUISANCE. BUT I THINK THAT SOMETHING THAT IS NEW TO FARMING IS A NUISANCE TO, OR IS IN VIOLATION OF OUR ZONE. AND I DON'T THINK IT'S IT'S PROTECTED UNDER THE RIGHT TO FARM. I'LL MOVE THAT THE COUNCIL UPHOLD SUSTAINED THE DECISION OF THE BOARD OF ADJUSTMENT. DO I NEED TO GIVE THE DATE OF THEIR OF THE. YOU CAN JUST MAYBE EVEN JUST GENERICALLY REFER TO IT AND THEN THAT THAT CAN BE FILLED IN. OKAY THEN. AT THEIR SECOND HEARING OR HEARING I'LL SECOND. THE MOTION MADE. I DIDN'T HEAR THE END. DO WE UPHOLD THE BOARD OF ADJUSTMENT DECISION MADE IN THEIR SECOND HEARING, WHICH WAS HELD JULY 13TH, AND THE REASON STATEMENT PRESENTED AUGUST 14TH, AM I GETTING THE DATES RIGHT? THAT'S THE HEARING THAT'S AT STAKE. IT WAS HELD, I BELIEVE, JULY 14TH, AND THEN THE STATEMENT WAS ISSUED ON AUGUST 13TH. OKAY. I'M SORRY I REVERSED THE NUMBERS, BUT ALL RIGHT. THAT'S THE HEARING TO WHICH I REFER. AND THAT SEEMS TO BE THE HEARING THAT'S AT STAKE. TODAY.

WE HAVE A MOTION. COUNCILOR FREEMAN, DID YOU SEE THAT MOTION? SO ANY CONVERSATION ABOUT THE MOTION? ALL RIGHT. WE'LL ASK THE CITY CLERK THEN TO CONDUCT A VOTE. FRANCIS A FREEMAN. YES. DINGMAN. YES. LARSON. YES. BURTONSHAW. YES. MOTION CARRIES. OKAY, SO, MR. KINGSBURY, AT THIS POINT, NOW, YOU DO HAVE YOUR ANSWER, AND I AM GOING TO ASK COUNCIL MEMBERS TO GIVE SOME GUIDANCE TO MR. BECK AFTER WE COME BACK FROM THE EXECUTIVE SESSION SO THAT HE CAN WRITE THAT MOTION, WE WILL ASK OUR CITY ATTORNEY TO GO AHEAD AND GO CONNECT WITH THAT PHONE CALL WHILE WE'RE GETTING READY TO TO GO INTO EXECUTIVE SESSION. COUNCIL MEMBERS, I WILL ALSO ASK YOU, AFTER YOU PROVIDE INSTRUCTION AND GUIDANCE TO MR. BECK, I WOULD ALSO ASK IF THERE ARE ANY POLICY CONSIDERATIONS THAT YOU WOULD LIKE AS A FOLLOW ON, AS FOLLOW ON CONVERSATIONS TO SOME OF THE THINGS YOU'VE HEARD TODAY. WE'RE ALWAYS INTERESTED IN WANTING TO MAKE SURE THAT OUR LIVES AS RESPONSIVE TO NEEDS AND AND COUNCIL'S WISDOM AS POSSIBLE. AND I HEARD SOME THINGS MYSELF THAT THAT MIGHT BE WORTH LOOKING INTO. AND SO WITH THAT, I WOULD ALSO ASK THAT CITY STAFF WHO ARE WORKING ON THIS ISSUE, MAKE SURE THAT MR. KINGSBURY IS ADVISED OF WHAT FUTURE STEPS HE MAY HAVE IN THE PROCESS, IF THERE ARE

[Executive Session]

[01:15:03]

YEAH, HE WAS GIVEN TWO OPPORTUNITIES TO THE INITIAL ONE THAT WAS SUBMITTED IT IN A SUBSEQUENT SAYING, HEY, YOU FORGOT TO DO THIS AND NOTHING HAPPENED. AND I BELIEVE MAYOR CASPER, YOU ASK A QUESTION, BUT I DON'T THINK I CAN BRING ANY OF YOUR CONVERSATION AS A PICTURE. WHY NOT? SO. COUNCIL MEMBER RADFORD WAS NOT PRESENT, BUT HE HE DIDN'T HAVE ANYTHING TO SAY ANYWAYS. COUNCIL MEMBER FRANCIS, YOU BROUGHT UP THAT. YOU THAT THIS IS NOT BEING SINGLED OUT. I DON'T KNOW TO WHAT LEVEL IT WOULD BE A PART OF THE DECISION, BUT I CAN INCLUDE IT IF YOU NEED ME TO. HONESTLY, I'LL TELL YOU WHY I SAID THAT, BECAUSE. QUITE SOME TIME AGO, THIS ADVISORY, THE CITY ATTORNEY TO ALWAYS MAKE SURE THAT THE APPELLATE FELT HEARD. SO I WAS AFFIRMING THAT I HEARD WHAT HE SAID AND I RESPONDED, I DON'T KNOW THAT IT WAS PART OF THE REASON STATEMENT. I THINK THAT IT NEEDS TO BE. YOU DID BRING UP THE PURPOSE OF THE CODE IS TO PROTECT NOT ONLY HIM, BUT OTHER PROPERTY OWNERS AS WELL, AND THEIR INTERESTS AND THE COMMUNITY. YOU BASICALLY FOUND THAT THERE WAS NO ERROR MADE BY THE BOARD OF ADJUSTMENT IN IN THEIR RECENT STATEMENT. COUNCIL MEMBER FREEMAN, YOU AGREED ALSO WITH THE BOARD OF ADJUSTMENTS, INTERPRETATION OF THE RIGHT TO FARM ACT, BASICALLY ADDRESSING THE FACT THAT IT MAINLY PERTAINS TO. THE FARMS THAT ARE ALREADY EXISTING AND KIND OF PROTECTING THEM FROM BECOMING NUISANCES AS CITY AS POPULATIONS GROW INTO THOSE MORE RURAL COMMUNITIES. BUT SOMEBODY JUST MAKING A TURNING AROUND AND TURNING THEIR RESIDENTIAL LAND INTO FARMLAND IS NOT DOESN'T REALLY WORK THAT WAY TO PROTECT THEIR INTERESTS.

RIGHT. WAS THERE ANY MERIT TO THE IDEA OF, HOWEVER, THAT THAT THE LAW DOESN'T SPECIFICALLY STATE THAT IT'S IT'S. WE DON'T HAVE THE LEGISLATIVE HISTORY TO PROVE THAT THAT'S WHY THEY WERE ADOPTING IT. AND WE ARE ONLY GUESSING THAT THAT'S WHY, GIVEN THAT THE LANGUAGE FLOWS THAT WE HAVE, WE HAVE CASE LAW. WE DO HAVE CASE LAW. AND THE THE THE INTENT, THE INTENT PURPOSE OR THE PURPOSE BEHIND THE ACT IS PRETTY CLEAR IN THAT FIRST SECTION. IT DOES IT DOES SOLIDIFY IT ON THAT. IT'S IT'S ADDRESSING FARM LANDS THAT ARE BECOMING NUISANCES AS

[01:20:04]

OH. WHEN WE WHEN WE ANNEX SOMEONE WHO HAS ANIMALS, LET'S SAY ON A ON A STATE PROPERTY, THEY CAN KEEP THOSE ANIMALS EVEN THOUGH THEY'RE IN THE CITY NOW, AS LONG AS THEY DON'T HAVE A CHANGE OF USE. BUT AS SOON AS THEY HAVE A CHANGE OF OWNERSHIP OR A CHANGE OF USE, THEN THEY CAN KEEP CAN NO LONGER KEEP THOSE ANIMALS. AND YOU BROUGHT UP A GREAT POINT RESIDENTIAL ESTATE PROPERTY. I BELIEVE YOU HAVE A AGRICULTURAL USE IS ALLOWED IN RESIDENTIAL ESTATE AREAS. THIS THIS PARTICULAR PROPERTY IS R-1 HAS BEEN R-1 SINCE LIKE THE 70S. MAYBE EVEN BEFORE THEN. SO IT'S SO IT IS NOT. IT IS NOT PROTECTED BY THE ACT. AND FURTHERMORE, OUR CODE DOES NOT LET THAT SPECIFIC PROPERTY HAVE A CULTURAL USE. IT WAS THE 60S, WASN'T IT? 67 OR SOMETHING. YEAH. I MEAN SO YEAH, THAT'S I COULD REMEMBER THE DATES AT ONE POINT IN TIME.

I DID KNOW HIM, BUT I KNEW SOMEBODY LIVED IN THE NEIGHBORHOOD WHO HAD A BRAND NEW HOUSE ON ONE. YEAH. ALL RIGHT. OKAY. OKAY. I HAD. COUNCILMEMBER FREEMAN. I ALSO I HAVE THAT YOU AGREED WITH THE BOARD OF THE THE BOARD'S INTERPRETATION OF THE RIGHT DEPARTMENT. I HAVE THE FACT THAT YOU INDICATED THAT THOSE THREE PRIOR COMPLAINTS CAN'T JUST SIMPLY BE IGNORED. AND THAT THERE WAS NO EVIDENCE PROVIDED THAT. DEMONSTRATES THE BOARD BASICALLY ACTED INCORRECTLY AND COMING TO THE DECISION THAT THEY MADE. RIGHT.

UNLESS THERE'S ANY OTHER DELIBERATIONS THAT NEEDED TO BE STATED HERE, I THINK, I DON'T KNOW IF IT MATTERS THAT WE HAVE SUCCESSFULLY COMMUNICATED WITH THEM VIA EMAIL, AND SO THERE'S NO REASON FOR HIM NOT TO HAVE RECEIVED IT. BUT ON THE OTHER HAND, I GUESS THERE IS IF THAT WAS THERE WAS A KEYSTROKE, I SEE. BUT THEN THE OTHER QUESTION I HAD, DO WE KNOW AND DOES IT MATTER THAT IF THE THREE COMPLAINTS WERE THREE SEPARATE ONES, OR IF THEY WERE THE SAME? PARLIAMENT? I THINK WE HAVE ANY WAY TO KNOW THAT THREE DIFFERENT TIMES. IT WAS EXPLAINED TO ME BY CODE ENFORCEMENT THAT THEY ALL COME IN KIND OF UNANIMOUS ANONYMOUSLY, SO THEY COULD THEY COULD HAVE BEEN FROM THE SAME PERSON THREE TIMES. YEAH. THERE WAS A TIME PROBABLY. OKAY. ANYTHING ANYTHING ELSE THAT ANYBODY WANTED TO MENTION, SIR, I WOULD POINT OUT TO, THERE WAS A HE HE HAD INDICATED THAT HE HAD NOT RECEIVED ANY FINE. HE IS CORRECT IN THAT REGARD, BECAUSE WHEN WE STARTED THIS PROCESS, TYPICALLY CODE ENFORCEMENT AND ZONING ENFORCEMENT, THEY'RE GIVING AN INDIVIDUAL TIME TO TRY TO COME INTO COMPLIANCE, GENERALLY ABOUT A MONTH'S TIME. IN THIS INSTANCE, LET'S LET'S NOT PRESENT ADDITIONAL FACTS. WE WERE PAST THAT POINT. SO RIGHT NOW IT'S JUST THEIR DIRECTION.

THEY JUST NEED TO GIVE YOU A DIRECTION ON HOW TO WRITE IT. SO SORRY. SORRY TO INTERRUPT.

NO THAT'S OKAY. I JUST WANT TO MAKE SURE THAT WE'RE ON POINT AFTER THIS. BUT ANYTHING ELSE? CAN I JUST ASK ONE QUESTION? I WROTE DOWN QUOTE IN QUOTES. HE CLAIMED HE WAS TARGETED. HE CLAIMED HE WAS ATTACKED. IS THERE ANY RECOURSE? WE HAVE TO PUT IT IN THE ORIGINAL STATEMENT THAT THAT WE WE AGREED THAT NONE OF THOSE THINGS WERE EITHER ONE OF THOSE THINGS WAS NOT TRUE, OR THAT IS THAT IMPORTANT TO THE WAY I WOULD ADDRESS IT, IS PRECISELY THE WAY THAT THE BOARD OF ADJUSTMENT ADDRESSED IT. THEY INDICATED THAT THEY UNDERSTAND HIS CONCERN AND THAT HOW HE VIEWS THAT SOME OTHER PEOPLE MIGHT BE GETTING OFF FREE WHILE HE'S BEING TOLD THAT HE NEEDS TO COME INTO COMPLIANCE. BUT THE FACT OF THE MATTER IS, THE BOARD OF ADJUSTMENT WAS REFERRING TO ACCESSORY USE GARDENS, AND THAT THIS IS VERY MUCH NOT A GARDEN. THIS IS VERY MUCH TEARING OUT YOUR ENTIRE FRONT YARD AND TURNING IT INTO AN AGRICULTURAL OPERATION I HATE. OKAY. ALL RIGHT. OKAY. THANK YOU. WE'LL LOOK FOR THAT

[01:25:09]

[Community Development Services]

AND JUST I'LL BE VERY, VERY BRIEF. YOU'LL SEE COMING BEFORE YOU THIS THURSDAY IS AN UPDATE TO THE ELECTRICAL CODE FOR THE STATE. THE STATE HAS ADOPTED ON JULY 1ST THE 2023 ELECTRICAL CODE. THEY HAVE UPDATED IT FROM THE 2017. SO JUST BE AWARE OF THAT. THAT'LL HAVE A BIG SHIFT IN OUR CONSTRUCTION. WE HAVE ALREADY THE STATE HAS ALREADY BEEN DOING OUTREACH SINCE THE BEGINNING OF THE YEAR. GABE MADRID, WHO'S OUR CHIEF ELECTRICAL INSPECTOR. HE'S ON A LOT OF THE STATE BOARDS. SO HE'S ALREADY BEEN TELLING PEOPLE THAT THIS CHANGE IS COMING. WE ALSO WILL BE SENDING OUT THE UPDATE IN OUR NEWSLETTER, AND WE RECENTLY PURCHASED SOME TRAINING AS WELL THAT WE ARE SCHEDULING IN OCTOBER TO BE ABLE TO TRAIN LOCAL CONTRACTORS ON WHAT THE UPDATE MEANS. SO JUST TO LET YOU KNOW, YOU'LL SEE THAT THE CODE CHANGE IS LITERALLY A SCRATCH THROUGH PART OF OUR ZONING CODE. IT'S REALLY A SMALL EDIT, AND IT'S JUST TO SHOW THAT WE'VE ADOPTED THE NEW STATE MANDATE. BUT WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS. WE'VE BEEN OUT CONSULTING WITH THEM. THE TWO ELECTRICAL INSPECTORS ALREADY. SO MOST CONTRACTORS IN THE AREA ARE AWARE OF ITS CHANGE. SO WHAT HAS BEEN THE BIGGEST CONCERN? NOT REALLY ANYTHING. IT'S MOSTLY UPDATES ON CONDUITS.

AND FROM HOW IT WAS EXPLAINED TO ME, I'M NOT AN ELECTRICAL PROFESSIONAL, BUT FROM HOW IT'S BEEN EXPLAINED TO ME IS REALLY IT'S JUST AN UPDATE TO MODERN MATERIALS. THAT'S REALLY ALL IT IS. THERE'S A DIFFERENCE OF SIX YEARS OF MATERIALS THAT ARE UPDATED. SO AND. OKAY. ANY OTHER QUESTIONS FOR MR. TANNER. SO YOU'LL SEE THAT CODE ON THE AGENDA FOR THURSDAY NIGHT. AND

[01:30:02]

[Parks & Recreation]

AND SO IT IS A FULL PROCESS. AND SO KATIE BERRY, OUR GENERAL CURATOR, IS HERE WITH ME TODAY AS WELL AS DAVID PENNOCK. AS MANY OF YOU KNOW, DOCTOR PENNOCK AS OUR EXECUTIVE DIRECTOR OF THE ZOO, KATIE IS THE CZAR OF THE OF OUR ACCREDITATION PROCESS. SO SHE'S BEEN WORKING ON THIS FOR MONTHS. AND WE THOUGHT THIS WOULD BE A GREAT TIME JUST BEFORE WE GO TO FLORIDA TO TO SIT IN FRONT OF THE BOARD AND THE COMMISSION AND ACTUALLY DO GO THROUGH THAT HEARING PROCESS, THAT IT WOULD BE A GREAT OPPORTUNITY FOR US TO COME AND TALK A LITTLE BIT ABOUT WHAT THEY SAW, SOME OF THE CONCERNS, AND A LITTLE BIT ABOUT THE PROCESS AS A WHOLE FOR YOU GUYS. SO I'M GOING TO GO AHEAD AND PASS IT OVER TO, I BELIEVE, DAVID PENNOCK FIRST.

AND THEN KATIE WILL WILL ALSO BE TALKING AS WELL. THANKS A LOT. YEAH I'LL START THINGS OFF.

SO AND WE'LL BE VERY QUICK. WE'RE GOING TO BE VERY SPEEDY. AND I KNOW I'M NOT KNOWN FOR MY BRETHREN, BUT I'M GOING TO BREAK THAT, THAT TONIGHT WE TOOK SOME PRESSURE OFF. SO ACCREDITATION MEANS A TREMENDOUS AMOUNT TO THE ZOO AS YOU SEE IN THE STATISTIC HERE.

YOU HAVE TO HAVE A USDA LICENSE TO SHOW ANIMALS TO THE ZOO. THERE'S NEARLY 3000, 2800 OF THOSE INSTITUTIONS. LESS THAN 10% OF THEM ARE ACCREDITED BY AZA THAT REACH THAT HIGHEST STANDARD OF ANIMAL CARE AND THE ORGANIZATION OF THE ZOO. AND THAT MEANS A TREMENDOUS AMOUNT TO US IF WE'RE GOING TO HOLD WILD ANIMALS IN CAPTIVITY, THAT WE KNOW WE'RE DOING IT ACCORDING TO THE HIGHEST STANDARDS KNOWN TO THE INDUSTRY RIGHT NOW. AND SO THE PROCESS IS THIS. I'LL TAKE ONE MINUTE FOR YOU TO UNDERSTAND THE PROCESS. WE CAN ALWAYS COME BACK AND VISIT ANY PARTICULAR CONCERNS YOU'D LIKE HERE AT ANOTHER TIME. IT'S A VERY LONG PROCESS. IT'S BEEN GOING ON FOR OVER A YEAR. WE'VE BEEN WORKING TO PREPARE OURSELVES FOR THIS.

[01:35:05]

THAT'S ALWAYS A VERY BRIEF PART. THEY THEY ONLY ADDED THAT TO THE ACCREDITATION PROCESS RELATIVELY NOT NOT VERY LONG AGO. AND THEN THEY HAVE THREE DIFFERENT KINDS OF CONCERNS.

THE CONCERNS REMAIN FROM PREVIOUS INSPECTIONS. THOSE WOULD BE THE MOST CONCERNING ONES. HERE'S SOMETHING THAT THEY TALKED ABOUT LAST TIME. NOW WE'VE COME BACK, IT STILL SEEMS TO BE A PROBLEM. THEN THERE'S THE MAJOR CONCERNS, NEW CONCERNS THAT THEY HAVE THAT THEY COULD SEE AS WELL. LOOKS LIKE THIS. THIS IS A MAJOR PROBLEM WE'D LIKE YOU TO FIX.

AND THEN THE LESSER CONCERNS. AND SO WHAT WE HAVE HERE IS JUST GOING THROUGH THAT. YOU HAVE THE LIST OF THEIR CONCERNS. WE WANTED TO KIND OF SHARE WITH YOU OUR RESPONSE TO THOSE CONCERNS. AND IF ANY OF YOU WOULD LIKE TO SEE THOSE DOCUMENTS OR HAVE COPIES OF THOSE DOCUMENTS, OF COURSE THOSE ARE AVAILABLE. HERE'S FIRST, THE THINGS THAT THEY THOUGHT THAT WE WERE DOING. WELL, THEY REALLY MENTIONED OUR MAINTENANCE DEPARTMENT. WELL DESERVED PRAISE ON HOW WELL THEY'VE BEEN KEEPING UP THE ZOO. AND THE THE ZOO IS AN EXCEPTIONAL OUTDOOR EXPERIENCE BECAUSE OF OUR BEAUTIFUL GROUNDS. THE EDUCATION DEPARTMENT HAS BEEN EXTRAORDINARY IN THEIR EFFORTS WITH EXTERNS AND WITH CONSULTANTS AND STATISTICIANS, AND INTERVIEWING OUR VISITORS TO UNDERSTAND HOW OUR EXHIBITS ARE GOING TO LOOK LIKE IN THE FUTURE, ESPECIALLY OUR ISLANDS EXHIBIT IS THIS BIG EXPERIMENT WE'RE DOING TO TO MOVE FORWARD WITH THE MISSION OF THE ZOO. THE NEW ADMINISTRATION BUILDING WANTED TO MAKE SURE TO MENTION THAT THAT MANY OF YOU WERE A PART OF OBTAINING THAT FOR THE ZOO. WHAT A HUGE DIFFERENCE THAT MAKES. AND IT THEY NOTICED THAT RIGHT AWAY. OUR ANIMAL WELFARE MEETINGS. IF YOU DON'T KNOW ABOUT OUR ANIMAL WELFARE MEETINGS, YOU'RE EVER, EVER INTERESTED IN KNOWING MORE ABOUT THE ZOO. YOU SHOULD COME TO ONE OF OUR ANIMAL WELFARE MEETINGS AND SEE OUR ANIMAL CARE STAFF GRAPPLING AND CONSIDERING AND THINKING ABOUT THE DIFFERENT ANIMALS AT THE ZOO, AND HOW TO RESPOND TO WHATEVER NEW ISSUE IS POPPING UP. AND OUR QUARTERS FOR CONSERVATION PROGRAM, OF COURSE, IS AN OUTSTANDING ONE. ONE THAT

[01:40:01]

THERE'S THE PICTURES OF THE INPUT AND THE OUTPUT FOR THE FILTRATION. AND IT'S ALL UP AND RUNNING SO THAT THE WATER IS CIRCULATED AND FILTERED. AND THE AMOUNT, THE NUMBER OF TIMES WE HAVE TO EMPTY AND CLEAN THE POOL IS GREATLY REDUCED. THE SECOND OF THE REMAINING ISSUES FROM PREVIOUS INSPECTION WAS OUR BIG LABORATORIES. THEY FELT LIKE THE PLACE WHERE, YOU KNOW, THE ALDABRA TORTOISE COMES FROM A LITTLE ATOLL IN THE INDIAN OCEAN. IT'S A VERY WARM PLACE.

AND SO IN THE WINTER, OF COURSE, WE HAVE TO BRING THEM INSIDE WHERE EVERYTHING'S WARM WITH HEATERS AND SUCH, AND THEY FELT LIKE THAT SPOT WAS TOO SMALL. AND SO THAT WAS THE BEGINNING OF THE NEW ISLANDS EXHIBIT, THAT MANY OF YOU HAVE SEEN THE STEPS AND SOME OF YOU, LIKE MR. FRANCIS, HAVE BEEN PART IN HELPING US WITH. AND THAT'S WHERE IT ALL BEGAN. AND SO OUR RESPONSE TO THAT WAS, YEAH, IT'S ALL FINISHED. IT'S ALL READY FOR ANIMALS. THE INDOOR, THE INDOOR TORTOISE AREA IS READY FOR ANIMALS. THE ONLY THINGS THAT WEREN'T READY AT THE TIME OF THE INSPECTION WAS WE STILL NEEDED TO WORK ON THE SHIFT DOOR. THE HEATING ELEMENTS NEEDED TO BE HANGED, HUNG AND UV LIGHTS NEEDED TO BE HUNG INSIDE. OH, AND SOME FINAL TWEAKS ON THE INDOOR POOL. THEY'LL BE SPENDING THE WINTER IN THAT FACILITY. THEY WILL.

YEAH, IT'S IT'S ALL DONE. IT'S THEY'RE READY FOR THE TORTOISES NOW. THEY COULD BE MOVED OVER TODAY. AS SOON AS IT'S TOO COLD FOR THEM TO BE ON DISPLAY, THEY'LL BE MOVED OVER TO THE SNOW. WONDERFUL FACILITY. IF YOU HAVEN'T SEEN IT OR WOULD LIKE AN UPDATE, WE'D SURE LOVE TO. LOVE TO SHOW IT TO YOU. CAN I ASK A QUESTION ABOUT WATER? SO I'M I WANT TO MAKE SURE I UNDERSTAND. SO WE ARE FILTERING THE WATER SO THAT WE'RE NOT HAVING TO DRAW NEW WATER INTO THE PENGUIN AND OTTER EXHIBITS VERY OFTEN. SO HOW OFTEN THEN, ARE WE CHANGING OUT THE WATER ENTIRELY, OR IS IT WE ONLY BRING NEW WATER IN TO REPLACE EVAPORATION? HOW DOES WHAT'S OUR WATER USAGE. SO IF YOU'LL IF YOU'LL READ THE CONCERN AND KATIE CAN TALK ABOUT THIS IN SOME DEPTH, THERE'S THE THE WATER CIRCULATION ISSUE AND NOT WASTING WATER, BUT THERE'S ALSO E-COLI. YOU KNOW, THE YOU KNOW, HOW PURE IS THE WATER FOR THE ANIMALS. AND SO WE HAVE TO TEST THAT OFTEN AS WELL. AND SO WE'RE STILL FIGURING OUT HOW THIS FILTRATION SYSTEM IS GOING TO WORK AND HOW WE CAN MAXIMIZE ITS TIME. SO WE WERE DUMPING IT EVERY OTHER DAY, EVERY TWO DAYS, EVERY IT WOULD BE COMPLETELY DUMPED AND REFILLED. NOW WE'RE AT ONCE A WEEK AS WE'RE FIGURING IT OUT, AND WE HOPE TO GET IT TO BE ONCE A MONTH OR EVEN LESS. OKAY. AND THAT CHANGES AT DIFFERENT TIMES DURING THE YEAR. SO OF COURSE, THE HOTTEST TIME DURING THE YEAR, IT'S MUCH MORE DIFFICULT THAN THE COLDER TIMES DURING THE YEAR. OKAY, I WOULD SAY WE'D LOVE TO, WE'D LOVE TO GO EVEN LONGER, BUT BECAUSE THE ANIMALS ARE ARE IN THIS WATER AND AND THAT WE DON'T USE CHEMICALS AND SO IT'S IT JUST HAS TO IT DOES GET FILTERED. IT DOES GET A UV CLARIFICATION. BUT IT'S STILL AFTER SOME TIME DOES A CYCLE. AND THEN JUST FOR OUR OWN BENEFIT, WHERE DOES THE WATER GO AFTER THAT. IN, IN THE, IN THE PRIMATE OR IN THE OTTER POOL. AND IN THE PENGUIN POOL THEY GO BOTH GO INTO THE SEWER. THEY'RE BOTH SEWER. OKAY. SO WE CAN'T FIND A REUSE FOR IN TERMS OF, LET'S SAY IRRIGATION. YEAH, IT COULD BE USED FOR IRRIGATION.

IT ABSOLUTELY COULD. ALL RIGHT. JUST AS AN ASIDE THEN, NOT RELATED TO THE THE ACCREDITATION PROCESS, BUT WE SHOULD PROBABLY FIGURE OUT A MORE WAYS OF USING OUR WATER, YOU KNOW, THOROUGHLY BEFORE WE SEND IT AWAY. YES. IT'S AN EXCELLENT POINT, MAYOR. IT IS AN EXCELLENT POINT AND ONE WE'VE BEEN WORKING ON FOR SOME TIME. SO WE DO HAVE SOME CIVIL ENGINEERS THAT HAVE BEEN HELPING US. WONDERFUL FROM THE SEATTLE AREA, HAVE COME UP WITH THIS OVERALL PLAN. WE'VE GOT SEVERAL WATER ISSUES AT THE AT THE ZOO. ONE OF THEM IS THAT IS

[01:45:06]

AND THAT IS ONE THING THAT THE ACCREDITATION TEAM DID FIND AS A CONCERN. JUST BECAUSE THE ANIMALS DO NOT QUITE HAVE THAT CHOICE AND CONTROL TO BE ABLE TO GO OUTSIDE AS MUCH OR BEYOND THE INDOOR EXHIBIT AS MUCH AS THEY REALLY SHOULD BE. SO WITH THAT, THEY ASKED US TO DO A DETAILED PLAN OF OUR COLLECTION AND GO THROUGH AND FIGURE OUT HOW ARE WE GOING TO MITIGATE THIS. SO WE HAVE A COUPLE DIFFERENT THINGS IN PLACE IN ORDER TO DO SO. SO THAT KIND OF GOES THROUGH THE CYCLE A LITTLE BIT. SO REALLY IN LOOKING AT THIS, OUR LARGE GIBBONS, WE ARE TALKING WITH THE SSP ABOUT THIS. SO THEY ARE ONE OF THE SSP SPECIES OUT THERE AND LOOKING TO IN A SENSE PHASE THEM OUT. SO WE HAVE ONE OF THE OLDEST FEMALES OUT THERE WHO'S ALMOST 46 YEARS OLD. AND SO ONCE SHE PASSES, THAT MALE IS VALUABLE. BUT THEY DO ASK US TO HOLD UP THEIR OFFSPRING OF THE 2 TO 3 YEARS POTENTIALLY LONGER, WHICH IN OUR CURRENT SITUATION, WE JUST AREN'T ABLE TO DO THAT. SO IN ORDER TO BE GOOD WITH OUR RESOURCES AND OPEN WITH THE SSP, THE BIG THING IS MOVE OUT THAT ONE SPECIES, WHICH WOULD THEN OPEN UP TO HAVE TWO GROUPS IN THOSE THREE DIFFERENT SUITES CURRENTLY. AGAIN, WE HAVE NO IDEA WHEN THAT'S GOING TO HAPPEN. SHE'S IN GREAT HEALTH RIGHT NOW. UNLESS SOMETHING COMES UP WITH SSP THAT THERE'S AN OPENING. THEY'RE GOING TO STAY WITH US FOR A WHILE. SO AGAIN, THE SECOND ONE IS ALSO OUR GRAY GIBBONS. SO THEY ARE NON SSP SPECIES. AND WITH THEM THERE'S NO REGULATORY GROUP OVER THEM. SO WE HAVE SPOKEN WITH A COUPLE OF DIFFERENT FACILITIES OUT THERE THAT ARE SANCTUARIES THAT ARE INVOLVED WITH AZA AND SSP, SEEING IF THEY HAVE ROOM FOR EITHER OUR LONE MALE OR THE TWO FEMALES OF THE GRAY GIBBONS. AND SO WE'RE KIND OF WAITING TO HEAR A LITTLE BIT BACK WITH THEM ON THAT ONE. AS ANOTHER ASIDE, IN THE EVENT THAT THOSE TWO FIRSTS DON'T TAKE PLACE WITHIN A REASONABLE TIMELINE, THE SECOND OPTION OR THIRD OPTION AT THAT POINT IS TO LOOK AT MOVING OUR MONKEYS OR OUR COLOBUS MONKEYS, AND KIND OF TAKING THEM OUT OF OUR CURRENT COLLECTION AT THE MOMENT, AGAIN, TO PLACE TWO PRIMATE SPECIES IN EACH SUITE.

SO AGAIN, WE ARE LOOKING AT THIS ISSUE. SO I HAVE HAD TALKS WITH A LOT OF SSPS ASKING THEM WHERE DO WE STAND? WHAT POSSIBILITIES ARE THERE? AGAIN, WE HAVE NO CURRENT TIMELINE OR KNOWING EXACTLY WHICH DIRECTION WE'RE GOING FORWARD. FINALLY, AS ISLANDS OPENS AND A GROUP OF OUR LEMUR SPECIES WILL BE MOVING OVER THERE, IT DOES OPEN UP ANOTHER SUITE AREA. AND SO

[01:50:03]

SO IT'S JUST ONE OF THOSE THAT WE ARE JUST SEEING HOW WE CAN MOVE FORWARD WITH THIS ONE, WHERE RESOURCES ARE, WHAT OPENS UP AND WHAT'S AVAILABLE. BUT THOSE ARE KIND OF OUR LATES ON THAT ONE. SO IF YOU ONLY DO ONE OF THESE THINGS, YOU ADDRESS THE ISSUE, CORRECT? OKAY. AND ALSO YOU SHOULD KNOW THAT THE INSPECTION ISSUE WAS TO COME UP WITH A PLAN. SO THEY'RE NOT WAITING FOR US TO RESOLVE IT. THEY WANT TO KNOW THAT WE'VE GOT A PLAN, AND THAT IT WILL BE RESOLVED IN A REASONABLE AMOUNT OF TIME. AND I MIGHT ALSO MENTION THAT, AS KATIE MENTIONED, I'D JUST LIKE TO TO EMPHASIZE THAT THIS WAS CAUSED NOT BY POOR PLANNING OF THE NUMBER OF SPECIES THAT ARE IN THE PRIMATE CENTER. IT'S BECAUSE OF THIS UNEXPECTED ISSUE BETWEEN A FAMILY MEMBER WITHIN A CERTAIN GROUP THAT HAD TO BE SEPARATED. NOW WE'VE GOT TWO GROUPS WHERE WE SHOULD HAVE HAD ONE, AND SO THAT WAS THE CHALLENGE THAT THAT CAUSED IT.

AND THAT IS WHAT I WANTED TO KIND OF ELABORATE ON A LITTLE BIT. IF ANYBODY'S BEEN TO OUR OFFICE AND I'VE SEEN PICTURES OF MONKEYS IN TRACY'S OFFICE, THAT'S SID, OUR, OUR. AND IF YOU REMEMBER FROM WHEN HE WAS YOUNG, HE HAD TEETH, RIGHT. SO HIS MOM WOULDN'T. NURSE HIM.

AND SO HE WAS HIM RAISED. HE WAS REINTRODUCED BACK IN AND THEY'VE KIND OF THEY'VE THEY'VE NEVER REALLY BONDED AGAIN. AND SO IT'S IT'S ONE OF THOSE THAT BECAUSE OF THAT THEY HAVE TO STAY SEPARATE. SO WHERE WE HAD PLANNED FOR THE CERTAIN NUMBER OF SPECIES AND DIFFERENT DIFFERENT TYPES OF PRIMATES IN THAT BUILDING, THIS HAS CAUSED TO WHERE WE GOT TO HAVE ESSENTIALLY ONE MORE SHIFT TO GREAT LENGTHS TO PREVENT THAT REJECTION. RIGHT. PEOPLE WERE EVEN DRESSING UP LIKE GIBBONS AND MAKING THEMSELVES SMELL LIKE GIBBONS AND ALL OF THOSE THINGS TO MAKE IT. THAT'S RIGHT. OKAY. YOU'RE EXACTLY RIGHT. AND IF YOU REMEMBER, WE WENT THROUGH IT WITH OUR LIONS, TOO, WITH HONDO, AND IT ENDED UP BETTER IN THAT CASE. BUT IT WAS A VERY SIMILAR ISSUE. AS SPECIES PRESERVATION. OR WHAT'S THE OTHER SPECIES SURVIVAL PROGRAM? OKAY, OKAY. SO IF YOU MAYBE GO INTO THAT JUST A LITTLE WE'VE TALKED ABOUT THAT BEFORE. WHERE SSP IS IS A GOOD YOU. SO SSPS THEY LOOK AT CERTAIN SPECIES. WE HAVE ABOUT 50 OF THOSE AT THE ZOO OURSELVES. AND SO WITH THEM THEY LOOK AT, YOU KNOW, THE ENTIRETY OF THEM, THOSE UP IN CANADA, MEXICO, THE US, EVEN OVER IN EUROPE. AND WE LOOK AS A WHOLE AT THE GROUP FOR GENETIC VIABILITY. SO IT'S IN A SENSE TRYING TO PAIR UP THE BEST GENETIC, VIABLE CANDIDATES TOGETHER SO THAT IF WE EVER NEED TO AND IT HAS BEEN USED BEFORE WITH SEVERAL ANIMALS TO REINTRODUCE THEM TO THE WILD. SO WE JUST WANT TO MAKE SURE THAT THEY HAVE THE BEST GENETICS MOVING FORWARD. SO WE NEED TO DO THAT. WE CAN. SO AGAIN THE SSP, WHEN WE SAY THAT OUR MALE IS VALUABLE, HIS GENES AREN'T REPRESENTED ENOUGH OUT THERE THAT THEY WANT TO STILL BREED HIM AND USE HIM TO AGAIN, VARIED THE GENETICS AS MUCH AS THEY CAN. WE DON'T BREED OUR ANIMALS, OR AT LEAST OUR SSP ANIMALS, WITHOUT THE PERMISSION, WITHOUT A RECOMMENDATION GIVEN FROM THE SSP, WE MANAGE OUR LINES AS PART OF THE WHOLE POPULATION OF LIONS ACROSS ALL AZA ACCREDITED ZOOS, AND NOT JUST WHAT'S BEST FOR US. SO I, AS AN EXECUTIVE DIRECTOR, IF I WANT TO STAY ACCREDITED, I CAN'T MAKE A DECISION BASED ON THE FINANCIAL WELL-BEING OF THE ZOO. I CAN'T USE THE LIONS AND BREED THEM FOR THE FINANCIAL BENEFIT OF THE ZOO. I'VE GOT TO MAKE SURE I'M DOING IT BECAUSE OF THE HEALTH OF THE ANIMALS.

AND THEN COMES THE FINANCIAL HEALTH WHEN IT WHEN IT COMES TO AN ANIMAL DECISION. ALL RIGHT.

SO THE NEXT MAJOR CONCERN THEY HAD, THEY KIND OF LOOKED AT OUR VETERINARY COVERAGE. AND IN THEIR EYES THEY THOUGHT THAT OUR COLLECTION THIS IS VERY SUMMARIZED. OUR COLLECTION NEEDED MORE COVERAGE THAN WHAT WE CURRENTLY HAD OUR VET COMING ONE TIME A WEEK. SO WITH THAT, THEY ALSO BROKE DOWN INTO HAVING RELIEF VETS COVERING, MAKING SURE THAT THERE WAS CLEAR COMMUNICATION BETWEEN OUR VET AND ANY RELIEF VETS TO KNOW WHAT WAS GOING ON AND MAKE SURE THAT THERE WAS NO HOLES IN IT AS WELL. YES THAT'S TRUE. COVERED THAT ONE. OKAY, SO IN LOOKING AT IT BASED ON THEIR OWN CRITERIA, THEY SAY THAT IF YOU DO NOT HAVE A VET ON STAFF, YOU SHOULD HAVE A CONTRACT VET THAT COMES ONCE A MONTH, TWICE, TWICE A MONTH. I'M SO SORRY.

AND WE ALREADY EXCEED THAT BY HAVING HER COME ONCE A WEEK, I WILL SAY, AND DAVID WOULD AGREE TO THIS ONE, THAT WE WOULD LOVE TO HAVE HER THERE MORE. AS ALL OF YOU GUYS KNOW, YOU NEVER KNOW WHAT'S GOING TO HAPPEN. WE HAVE 300 ANIMALS, SO THE MORE COVERAGE WE CAN HAVE, OBVIOUSLY

[01:55:02]

BY THE WAY, JUST WANT TO MENTION THAT. SO IT'S MORE THE ITEMS ON THE LAST THREE LINES THAT ARE THAT ARE AT ISSUE, THEN TRYING TO FIGURE OUT HOW TO MAKE IT WORK FOR HER. THAT'S RIGHT. OKAY. THAT'S CORRECT. AND SO WE HAVE ACTUALLY FIGURED THAT OUT WITH HER. WE'VE HAD TALKS WITH HER. AND AND AGAIN, IN THOSE FINAL STAGES OF GETTING THAT CONTRACT PUT TOGETHER AND SIGNED, THAT'S THE BEST POSSIBLE ANSWER IF YOU'RE GOING TO USE THESE FLIGHTS.

THERE IS A SMALL TYPO OR IT'S SOMETHING THAT YOU FIX AT THE BOTTOM OF THAT. THAT LAST SLIDE, IF YOU WANT TO PROOF IT BEFORE IT GOES. LUCKILY, WE'RE NOT GOING TO BE USING THIS IN FLORIDA, RIGHT? OKAY. AND THIS NEXT ONE, JUST HOW THE RELIEF VETS AND THE CONTRACT VETS COMMUNICATE TOGETHER. IT'S WE HAVE FINALIZED THAT PROCESS A LITTLE BIT BETTER. SO HERE'S AN EXAMPLE OF ANIMAL THAT SENT OUT. SO WOULD BE FROM CASEY OUR CONTRACT VET, TO DOCTOR CORNELL, ONE OF THE VETS THAT WE USE GOING THROUGH AND SAYING EXACTLY WHEN SHE'S GOING TO BE GONE. WHAT ANIMALS WE ARE CURRENTLY LOOKING AT THAT ARE UNDER TREATMENT, WHAT TREATMENT THAT THEY ARE RECEIVING, AND THEN ALSO ANIMALS THAT WE CONSIDER UNDER QUALITY OF LIFE MONITORING. SO THESE ARE TYPICALLY ELDERLY ANIMALS OR SICKLY ANIMALS THAT WE ARE GOING TOWARD THE END OF THEIR LIFE JUDGMENTS ON THAT WAY. DOCTOR CORNELL, WHEN SHE COMES IN, SHE KNOWS EXACTLY WHAT SHE'S STEPPING INTO. IS THERE SOFTWARE THAT VETS CAN USE LIKE THAT, LIKE WE HAVE FOR PATIENTS TO DENTISTS AND DOCTORS TO USE FOR THEIR PATIENTS SO THAT ANY DOCTOR CAN WALK IN AND KNOW, YOU KNOW, BY LOOKING AT THE CHART AND SEE WHAT'S HAPPENING.

YES. DO WE HAVE THAT? WE USE SOMETHING CALLED ZIPS. AND SO THAT HAS A MEDICAL ASPECT. SO ALL THE NOTES ARE IN THERE PRESCRIPTIONS, ANESTHESIA, EVERYTHING THAT THEY COULD FIND.

THIS IS JUST AN EASIER WAY TO AT LEAST GET HER STARTED SO SHE DOESN'T HAVE TO COME IN. WHAT AM I LOOKING AT. AND THEN KIND OF WASTE A LITTLE BIT OF TIME PULLING IT UP? YEP. OKAY, GREAT.

SO IT REMINDS ME OF EMAIL. MAKES IT ALL IT KIND OF REMINDS ME OF AS A LIFEGUARD, WHEN YOU'RE ON STATION AND SOMEBODY COMES TO ROTATE YOU OUT, YOU STAY ON GUARD WHILE YOU GIVE ANY KIND OF UPDATES ON MAYBE WHAT YOU'RE SEEING TROUBLED SWIMMERS, HOW MANY SWIMMERS KEEP AN EYE ON THIS PERSON, AND THEN YOU STEP OUT OF THAT ROLE. I THINK IT'S SIMILAR TO TO SOMETHING LIKE THAT. YOU'RE GIVING BACKGROUND INFORMATION A LITTLE BIT OF THAT. SO YOU'RE STEPPING RIGHT IN AND INTO THE PROCESS. VERY GOOD. ALL RIGHT. SO NOW WE MOVE TO THE LESSER CONCERN. SO THAT'S ALL OF THE ONES THAT WERE REMAINING FROM BEFORE. AND THE TWO MAJOR CONCERNS. NOW THERE'S THIS SLEW OF OF LESSER ISSUES IN OUR LAST ACCREDITATION, THEY SAID WE NEEDED A BIGGER FLAMINGO BARN. WE HAVE CHILEAN FLAMINGOS THAT NEED TO BE IN. THEY STAY OUT WHEN IT'S VERY, VERY COLD. THEY'RE FROM THE ANDES MOUNTAINS. BUT IF IT GETS LOWER THAN 20 DEGREES, WE BRING THEM INSIDE WHERE THEY CAN STAY A LITTLE WARMER. AND THEY THOUGHT THAT OUR BARN WAS TOO SMALL AND THEY WERE RIGHT. SO WE WE BUILT A LARGER BARN. WE HAD SOME PROBLEM WITH THE LIGHTING, THE SKYLIGHTS THAT WE PUT IN THERE. AND AS WE CLOSED THEM UP, IT GOT A LITTLE DARK INSIDE AND THEY NOTICED THAT SAID WE NEEDED. SO WE PUT IN SOME NEW PUT IN SOME NEW WINDOWS, SOME NEW LIGHTS, AND EVERYTHING'S ALL HAPPY AND HUNKY DORY INSIDE THE FLAMINGO BARN. YOU NEED ANYWHERE TO STAY IN A COLD WINTER NIGHT. YOU KNOW, THE MINGOES WOULD BE GLAD TO HAVE YOU, I'M SURE. WHERE IS THAT? THAT IS, AS YOU COME OUT OF THE PRIMATE BUILDING. YOU SEE THE. YOU SEE THE FLAMINGOS. IF YOU'LL JUST LOOK BACK TO THE BEHIND THEM AND TO THE LEFT. TO THE SOUTH, YOU'LL SEE A WOOD COVERED BUILDING. THAT'S WHERE.

THAT'S WHERE IT IS. AND THEN THE OTHER ISSUE WAS OUR OTTERS. SO WE HAVE AN OTTER THAT ACTUALLY ESCAPED A COUPLE OF TIMES OVER THE LONG YEARS. AND SO NOT BEING ABLE TO FIGURE OUT EXACTLY HOW THE RASCAL DID IT WITH AS MUCH CAUTION AS POSSIBLE, THE ANIMAL CARE STAFF ALWAYS KEEPS HIM INSIDE AT NIGHT. THEY DON'T HAVE THE OPTION TO GO OUTSIDE AT NIGHT BECAUSE WE'RE AFRAID THEY'LL GET OUT AT NIGHT. NOT THAT THEY'VE GOTTEN OUT A LOT, BUT IF IT WERE TO HAPPEN THAT THAT WOULD BE A BIG DEAL. AND SO THEY NOTICED THAT AND SAID, WELL, YOU KNOW, YOU OUGHT TO FIGURE OUT HOW TO KEEP THEM OUTSIDE BECAUSE THEY NEED TO BE ABLE TO GO OUTSIDE IF THEY NEED TO. AND THEY'RE RIGHT. AND SO WE MADE SOME ALTERATIONS TO THE TO THE POOL, TO THE BUILD UP. THE WALL ON ONE SIDE ADDED SOME HOT WIRE AROUND THE EDGE. AND NOW OUR OTTERS HAVE ACCESS TO THE INSIDE AND THE OUTSIDE, YOU KNOW, ALL DAY LONG AND ALL NIGHT LONG. SO IF THEY WANT TO GO OUT AND TAKE A LITTLE MIDNIGHT DIP, THEY CAN DO THAT.

WHAT IS HOTWIRE? IT'S LIKE THE ELECTRICAL WIRE, YOU SEE, LIKE IN A, YOU KNOW, LIKE A A

[02:00:05]

AND THEY LEARN REALLY, REALLY FAST. AS I WOULD. ALL RIGHT KATIE, ANOTHER THING THEY LOOK AT IS OUR TRAINING AND ENRICHMENT PLAN FOR THE ANIMALS. HOW OFTEN DO WE DO THESE? WHAT DOES IT LOOK LIKE? WHAT IS THEIR DOCUMENTATION? WHAT IS OUR PROCESS FOR TRAINING UP NEW STAFF? ALL THE ABOVE. AND SO IN THERE THEY SAID IT WASN'T QUITE AS ROBUST AS THEY WOULD HAVE LIKED. SO WITH THAT, WE WENT THROUGH AND SCRUTINIZED WHAT WE DID AND LOOKED AT SEVERAL OTHER EXAMPLES THAT OTHER ZOOS PUT OUT THERE AND MADE SOME MODIFICATIONS TO IT TO TRY TO MAKE THINGS A LITTLE BIT MORE CLEAR AS TO WHAT WE'RE DOING, AS WELL AS PROVIDE THEM WITH A LITTLE BIT MORE EXAMPLES THAT THEY MIGHT HAVE NOT SEEN IN THE BEGINNING. SO WE ADDED TO IT AGAIN, ADJUSTED, REVISED, BUT LOOKED AT ENRICHMENT CALENDARS. SO THIS GOES THROUGH WHAT TYPE OF ARRANGEMENT ARE GIVEN IS ENVIRONMENTAL, BEHAVIORAL, WHATEVER IT MIGHT BE YOU MIGHT EXPLAIN TO THEM LIKE THAT'S WHAT RICHMOND IS EXACTLY. SO FOR THE ENRICHMENT THIS IS TO HELP KEEP THEM MENTALLY STIMULATED. SO THE IDEA OF ENRICHMENT IS TO GET THEIR NATURAL BEHAVIORS GOING. SO OBVIOUSLY WITH A BIRD UP IN A TREE, YOU'RE NOT GOING TO BE GIVING THEM THINGS DOWN ON THE GROUND WHERE THEY WOULD BE AFRAID TO COME DOWN. SO IT'S LOOKING AT WHAT NATURAL BEHAVIOR OF AN ANIMAL IS. WHAT DO THEY NATURALLY DO? ARE THEY BIRDS? HOW MUCH DO THEY SPEND? WHAT TYPE OF FORAGING DO THEY DO. AND THEN WE HELP TO ELICIT THOSE BEHAVIORS THROUGH THE DIFFERENT TYPES OF ENRICHMENT THAT WE GIVE. AND SO AGAIN WITH THIS, IT'S LOOKING AT THOSE CALENDARS THAT WE PUT OUT THERE MAKING SURE WE'RE ROTATING THE DIFFERENT TYPES OF ENRICHMENT, WHETHER AGAIN IT'S FORAGING MANIPULATION, ENVIRONMENTAL SCENTING, WHATEVER IT MIGHT BE, AS WELL AS MAKING SURE THAT KEEPERS KNOW THESE SCHEDULES THAT ARE GOING. WE BUILT SOME FOR DIFFERENT AREAS TO SHOW WHAT TYPE OF ENRICHMENT ARE GOING TO BE GIVEN TO DIFFERENT ANIMALS, AT WHAT TIMES, THAT WE'LL AGAIN SHOWS DIFFERENT TYPES OF ENRICHMENT AND GIVE KEEPERS IDEAS OF WHAT THEY CAN DO FOR THOSE FIVE DIFFERENT AREAS. A NEW PROPOSAL PLAN THAT IS A LITTLE BIT MORE DETAILED IN TERMS OF WHAT TYPE OF ENRICHMENT IS IT, WHAT TYPE OF BEHAVIOR ARE THEY TRYING TO ELICIT? WHAT IS THE GOAL FOR IT? WHAT DOES THE BEHAVIOR OR THE ENRICHMENT ITEM LOOK LIKE? MAKING SURE THAT IT IS SAFE.

AND THEN WE HAVE A COMMITTEE THAT GOES THROUGH AND MAKES SURE THAT EVERYTHING IS APPROPRIATE BEFORE IT IS ACTUALLY GIVEN OUT TO THE ANIMAL. OKAY. QUESTIONS. ALL RIGHT. THE NEXT ONE WAS THE OUR ANIMAL CARE STAFF. THEY NOTED THAT WE WERE TRYING TO FILL A POSITION IN OUR ANIMAL CARE STAFF, AND THAT WE HAD MADE A REQUEST FOR ANOTHER FTE THAT I KNOW YOU GUYS HAVE ALL BEEN WORKING ON WITH THE BUDGET AND ALL, AND THEY FELT LIKE THAT, THAT AN ADDITIONAL STEP TO FILL THAT POSITION, ADDITIONAL STAFF MEMBER WOULD BE IMPORTANT FOR PROVIDING THE ANIMAL CARE THAT WE HAVE THE POSSIBILITY TO, TO, TO, TO PROVIDE. AND SO YOU KNOW ALL ABOUT THAT THROUGH THE, THE BUDGET PROCESS. SO WE TOLD THEM THAT THAT THE THE INTERVIEWS WERE GOING ON TO FILL THE ONE POSITION, AND WE HAD MADE THE REQUEST FOR THE FOR THE OTHER POSITION, A WRITTEN MAINTENANCE PLAN. I'LL HAVE TO ADMIT THAT THIS WAS JUST A SNAFU ON ON MY PART. THEY ASKED FOR A MAINTENANCE PLAN AND THEY SAY, WELL, WHAT WE WANT IS SOMETHING, A LIST OF OF THINGS THAT ARE COMING UP AND HOW MUCH YOU MIGHT SPEND IN THE FUTURE. AND ARE YOU GOING TO HAVE IT TO, TO MAKE THIS FIX OR THAT FIX, AND DIDN'T PROVIDE ALL THE INFORMATION THAT WE COULD. AND SO WE DIDN'T REALLY DO ANYTHING BUT PROVIDE THE INFORMATION WE SHOULD HAVE IN THE FIRST PLACE. WE'VE GOT A VERY DETAILED PLAN, THE PARKS AND RECREATION CAPITAL IMPROVEMENT PLAN THAT YOU ARE ALL AWARE OF AND THAT THE ZOO IS A PART OF, AND THAT'S SPREAD OUT OVER THE NEXT SIX YEARS AND ESTIMATED COSTS AND WHERE THE MONEY IS COMING FROM. IN ADDITION, WE HAVE OUR OWN CAPITAL IMPROVEMENT FUND THAT YOU'RE AWARE OF, THE MURPH PROGRAM, WHERE EVERYTHING IS SCHEDULED OUT THROUGH TIME AND WE'RE PUTTING MONEY ASIDE FOR OUR VEHICLES. AND THEN WE ALSO MENTIONED THE WONDERFUL DEVELOPMENT OF THIS IDAHO FALLS BUILDING STEWARDSHIP PLAN, THAT THAT'S SOMETHING IN THE WORKS AND THAT THE ZOO WOULD WOULD BE A PART OF THAT WITH THE BUILDINGS THAT WE HAVE AND FITS EXACTLY THAT MODEL OF SCHEDULING THINGS OUT. AND ARE YOU READY FOR WHEN THINGS HAPPEN OR NOT? HAVE YOU HAD ANYONE FROM THE CITY LOOK SPECIFICALLY TO COME ALREADY AND LOOK AT YOUR BUILDING SPECIFICALLY? LIKE, I KNOW THEY'VE DONE THE ROOFS AT DIFFERENT BILLINGS? HAVE THEY BEEN IN THE ZOO TO DO THIS PLAN? NO, NOT YET, EXCEPT FOR WHEN WE CALL AND SAY WE HAVE AN ISSUE.

THEY HAVEN'T BEEN THERE YET TO LOOK FOR IT. OKAY. WE DID A BIG OUR OWN EVALUATIONS SEVERAL

[02:05:06]

UNFORTUNATELY WE HAD A COUPLE OF MEDICATIONS THAT WERE NOT THERE WHEN THEY CAME THROUGH AND IT. THANK YOU. JUST HAD SOMETHING TO DO WITH THE FACT THAT WE ORDERED THEM AND THEY WERE JUST DELAYED. SO ONE OF THEM UNFORTUNATELY IS OUT UNTIL THIS MONTH. WE HAVEN'T GOTTEN IT IN YET, BUT IT'S A NATIONAL SHORTAGE. SO THAT IS SOMETHING THAT THEY ARE AWARE OF. BUT AGAIN, THEY JUST HAD TO MAKE THE NOTE THAT IT JUST WASN'T PRESENT ON GROUNDS WHEN THEY CAME THROUGH. AND THEN THIS LAST CONCERN THAT THEY HAD HAD TO DO WITH VETERINARY EQUIPMENT.

SO THEY LOOKED AT OUR ANIMALS AND SOME OF THE PROCEDURES THAT WE HAD DONE, AND THEY THOUGHT THAT WE NEEDED A LARGE ANIMAL ANESTHESIA MACHINE OR MAKE A REBREATHER BASED ON OUR PRETTY MUCH CAMELS. AND WITH THAT, I DID A WHOLE SURVEY ASKING OTHER FACILITIES, BOTH LARGE AND SMALL, AND GOT A PRETTY GOOD SURVEY ACROSS THE BOARD AS TO, YOU KNOW, HOW BIG IS THE FACILITY? HOW OFTEN DO YOUR VETS COME? HOW OFTEN DO YOU DO SEDATIONS FOR LARGE ANIMALS? DO YOU EVEN HAVE LARGE ANIMALS? DO YOU HAVE THIS EQUIPMENT? AND THERE IS A GOOD PORTION, BOTH LARGE AND SMALL, THAT ARE SIMILAR TO US THAT DIDN'T EVEN HAVE THIS EQUIPMENT. SO REALLY FOR ME, IT WAS ONE OF THOSE THAT I DON'T FEEL IT NECESSARILY AT THIS POINT IN TIME THAT WE HAVE THIS EQUIPMENT FOR IT, NOT THAT WE DON'T WANT TO HAVE EVERYTHING AVAILABLE TO US WHEN WE CAN, BUT BASED ON WHEN WE DO THESE SEDATIONS AND HOW OFTEN WE DO THEM, IT JUST DOESN'T MAKE SENSE TO HAVE ABOUT A 30 TO $50,000 PIECE OF EQUIPMENT SITTING AROUND THAT WE ALMOST NEVER USE. DO YOU THINK IT'LL FLY GIVING THAT THAT LOGIC OR WILL THEY SAY IT? OKAY, FINE. BUT WE STILL THINK YOU SHOULD HAVE IT OR IT. IT'S HARD TO SAY.

AND AGAIN, BASED ON THE SURVEY THAT I HAVE, I THINK WE HAVE A GOOD BIT OF CREDIBILITY GOING BEHIND THIS, THAT IF THEY WOULD LIKE US TO HAVE THIS, I THINK THAT THEY WOULD HAVE TO CHANGE SOME OF THEIR STANDARDS BASED ON THAT FOR IT. BUT IT'S KIND OF THEIR PREROGATIVE. SO WE'LL SEE. ONE OF THE OTHER THINGS THAT I WANTED TO MENTION IS ONE OF OUR INSPECTORS, AS YOU KNOW, A VETERINARIAN COMES AND THEN PEOPLE THAT HAVE DIFFERENT SKILL SETS. IN MY MY OPINION, THIS IS SIMPLY MY OPINION. IT FELT LIKE THAT SHE CAME IN AND LOOKED AT OUR ZOO WITH A LITTLE BIT MORE EMOTION. AND UNLESS SHE'S A NEWER INSPECTOR, I'M NOT TRYING TO DOWNPLAY INSPECTION. THIS WAS HER FIRST INSPECTION AND TO ME IT WAS SHE KIND OF JUDGED OFF OF AND SHE COMES FROM A LITTLE BIT BIGGER ZOO, IN MY OPINION. IT WAS KIND OF, WELL, WE'VE HAD THIS WE'VE WE'VE HAD THIS PIECE OF EQUIPMENT THAT IS THAT THAT HAS BEEN CRUCIAL. WE THINK THAT YOU GUYS, BECAUSE IT WAS IT WAS NOT A CONCERN. IT WAS SOMETHING THAT WAS BROUGHT UP KIND OF ON THE YOU COULD SEE AS ONE OF THE TAIL ENDS OF THE LESSER CONCERNS. IT WAS KIND OF LIKE, HEY, YOU HAD AN ISSUE WHERE YOU HAD SOME, SOME ANIMALS THAT WERE SEDATED THAT YOU HAD SOME ISSUES WITH. YOU KNOW, THIS MIGHT BE SOMETHING THAT WOULD BE HELPFUL TO HAVE ON HAND. AND SO IN MY OPINION, IT WAS KIND OF LOOKED AT AS THAT WAY OF AND LESSER OF YOU NEED THIS AND WE'RE GOING TO TIE IT TO YOUR ACCREDITATION PROCESS. WELL. OKAY. RIGHT. YES. ONE OF OUR CITY VALUES IS THAT WE BELIEVE IN USING DATA. AND I THINK THAT YOU'RE USING DATA TO MAKE POINT THAT I THINK IS A SUPER VALID ONE IN, IN A DIALOG. AND SO I COMMEND YOU FOR THAT. AND YOU KNOW, WE LOVE IT WHEN PARKS AND REC CAN USE DATA TO TO HELP TEACH AND EXPLAIN TO THE PUBLIC WHAT WE'RE DOING AND WHY. SO THIS IS GREAT. THANK YOU. AND ALSO A LOT TO ADD IS WE DO HAVE ACCESS TO THIS EQUIPMENT, YOU KNOW, AT VETERINARY CLINICS THAT ARE VERY CLOSE TO THE ZOO.

[02:10:05]

I HOPE YOU ARE PROUD. I SURE FEEL LIKE YOU SHOULD BE BECAUSE IT IS AN EXTRAORDINARY PLACE.

REALLY GOOD PRESENTATION. COUNCIL MEMBER. YOU HAVE ANY QUESTIONS OR CONCERNS OR THOUGHTS ABOUT ANY OF THIS COUNCIL IN WHAT THIS PICTURE IS ON THE BOTTOM? WAS THAT FROM OUR FIRST I MEAN, IT'S A PRETTY CROWDED PLACE. YOU'RE UP LIKE THAT. THAT'S NOT WHAT IT LOOKS LIKE EVERY DAY. THAT WAS JUST FROM AN AVERAGE AFTERNOON. YEAH. NO, THAT WAS OUR GRAND OPENING.

THAT'S AWESOME. YEAH, YOU'RE PROBABLY IN THAT PICTURE SOMEWHERE. PROBABLY. YOU AND I ARE OVER MAKING ICE CREAM CONES. THAT'S TRUE. WE'RE HANDING OUT ICE POPCORN. OKAY. ANYTHING ELSE? I JUST MAYBE IF I COULD, MAYOR, JUST TO CLOSE OUT. SO WE, AS DAVID SAID, THESE GUYS WILL BE TRAVELING TO FLORIDA THIS WEEKEND FOR THIS OUR FOCUS REPORT FOR THE ZOO AND GOLF DIVISIONS OF THE PARKS AND REC DEPARTMENT ARE SET, ARE SCHEDULED TO BE IN COUNCIL IN OCTOBER, SO WE WILL BE BACK IN ABOUT A MONTH TO DISCUSS THOSE DIVISIONS IN THAT WE WILL BE TALKING ABOUT KIND OF THE PLAN FOR MOVING FORWARD WITH THE FUTURE OF THE ZOO, AND HOW THAT INVESTMENT BACK INTO THE ZOO AND BACK INTO OUR COMMUNITY LOOKS FROM OUR PERSPECTIVE AND WHAT WE HOPE THE COUNCIL SEES THIS MOVING FORWARD. I THINK I WANT TO REITERATE AND ECHO WHAT WHAT DAVID SAID THAT WE HAVE A ZOO THAT'S WITH FULL OF STAFF THAT CARE, WITH A SENSE OF PRIDE THAT YOU WOULD WISH ALL YOUR EMPLOYEES HAD ACROSS THE CITY. WE HAVE AN AMAZING ZOO AND I HOPE THAT EVERYBODY SEES THAT AND COMES OUT AND VISITS AND SEES OUR OUR NEW EXHIBITS AND CAN STAND BEHIND US KNOWING THAT WE'RE RUNNING THE ZOO AT THE TOP QUALITY THAT WE POSSIBLY CAN. AND OUR, I BELIEVE, OUR ACCREDITATION FOR 25 YEARS, AND HOPEFULLY THE NEXT FIVE WILL PROVE THAT TO YOU GUYS AS OUR LEADERS. YOU KNOW, IN THE PAST, WE'VE BEEN VERY PROUD. WE'VE BEEN ABLE TO HIRE SOMEONE WHO INTERNED OR EXTERNED OR WHATEVER AT, SAY, THE SAN DIEGO ZOO. AND IT WAS LIKE, OH, WE GOT SOME PEOPLE WORK THERE, BUT I DON'T DOUBT THAT THERE WILL BE TIMES WHEN THERE ARE PEOPLE WHO DO AN INTERNSHIP OR AN INTERNSHIP WITH OUR ZOO, WHO CAN THEN TURN THAT INTO A CREDENTIAL THAT IS RECOGNIZED AND RESPECTED SOMEWHERE ELSE. NOT ALL ZOOS ARE BIG, AND I THINK WE DO A REALLY GOOD JOB IN THE SPACE THAT WE HAVE, AND I PERSONALLY THINK IT'S VERY VALUABLE. I KNOW IT'S EXPENSIVE AND I KNOW THAT WE HAVE OUR CRITICS, BUT IT'S A IT'S A GOOD EXPERIENCE ALL THE WAY AROUND. AND I LIKE HOW WE'RE SHARING IT WITH AS MANY YOUNG PEOPLE AS WE CAN TO TRY TO IGNITE SOME ENTHUSIASM AND UNDERSTANDING ABOUT THE WIDER WORLD THAT'S OUT THERE, BEYOND THEIR THEIR PHONES AND THEIR, YOU KNOW, REGULAR DAILY ROUTINES. SO I LOVE OUR KIDS. THANK YOU. MAYOR, WHAT HAPPENS AT THE HEARING. THEY TELL YOU THAT YOUR RESPONSES ARE FANTASTIC AND EVERYTHING'S GOOD OR ARE THEY REITERATE OR WHAT IS THE PURPOSE OF THE HEARING? WHAT COMES OUT OF IT? YEAH, THEY CAN DO WHATEVER THEY WANT. SO THERE'S NO AGENDA. OKAY. IT COULD LAST FOR FIVE MINUTES. IT COULD LAST FOR 20 MINUTES, BUT NOT MUCH LONGER BECAUSE THEY HAVE THEM ONE RIGHT AFTER

[02:15:03]

BUT I CAN'T ALWAYS AFFORD IT OR I CAN'T ALWAYS ACHIEVE IT. I MAY NOT ALWAYS JUST BE MENTALLY UP TO THE TASK OF, YOU KNOW, PERFECT. BUT I THINK THAT THAT'S WHERE WE ARE WITH THAT.

BUT WHEN WE HAVE THE ACCREDITATION PROFESSIONALS TELLING US THAT IT'S NOT ON THEIR RADAR SCREEN AND CONCERN THAT THAT HELPS ME TO FEEL A LOT BETTER ABOUT THE WHOLE THING. AND SO, COUNCILOR FRANCIS SOMETHING GET YOUR INTEREST, GET PIQUED AT ALL.

DID YOU WANT TO SAY SOMETHING ELSE OR ARE WE DONE? NO. IT WAS YOU, KESSLER. SORRY. I WAS JUST WONDERING. DO WE HAVE OUR COUNT FROM THIS YEAR OR. WE'RE STILL HAVING EVENTS, RIGHT. SO WE'LL HAVE THE THE BOO AT THE ZOO. AND WE STILL HAVE, I THINK THIS WEEKEND THERE'S A NIGHT AND THE MASQUERADE AT THE SIP. AT AT SIMMONS SAFARI TIME OR THE MASQUERADE BALLS. RIGHT? YEAH.

SO EXCITED. AND ONE OF THE COOL THINGS THIS SUMMER IS THAT IT'S BEEN REPEATEDLY AN OPTION TO BE THERE AT NIGHT, AND IT'S JUST ONE OF THE COOL EXPERIENCES. I CAN'T REMEMBER WHY I WAS THERE THE NIGHT I GOT TO TALK WITH YOU, AND IT'S JUST, I'M REALLY EXCITED FOR THAT SPACE BECAUSE IT'S IT'S. THE CANOPY. ZOO IS NOT THE NORM ACROSS THE WORLD. YOU KNOW, YOU DON'T ALWAYS GET TO BE IN THE CANOPY OF AND THEN HAVE ALL THOSE ANIMALS IN THAT KIND OF PLACE. AND SO IT'S REALLY AMAZING. WAS THE NUMBER IN THE OVER 100,000. WHAT'S OUR NUMBER THE PREVIOUS YEAR THAT WE'RE DONE WITH IT? I LOOKED AT THE NUMBERS AT THE END OF AUGUST AND WE WERE ABOVE OUR ATTENDANCE FROM LAST YEAR. NOT A LOT, BUT SOME. AND OUR FINANCIALS WERE SIGNIFICANTLY ABOVE BECAUSE OF THE CHANGE IN OUR IN OUR FEES. SO OUR ATTENDANCE IS A LITTLE AHEAD OF IT OR SO. OUR FEES ARE WAY AHEAD OF IT. SO THE FUNLAND WAS A LITTLE BEHIND. IT WAS ROUGHLY EQUIVALENT TO LAST YEAR BUT WAS A LITTLE BEHIND. SO I'M GOING TO SUGGEST THAT SOME OF THOSE FACTS AND FIGURES BELONG IN THE FOCUS REPORT NEXT MONTH. YES, YES. NOW ME. BUT I DO THINK THAT DOES GO ALONG WITH WHAT THE THEY NEED TO HEAR IS THAT WE'RE WE'RE MAKING THOSE NUMBERS. RIGHT. SO THAT WE DO HAVE THE RESOURCES, RIGHT, THAT WE ARE TRYING TO INCREASE THE THE DOLLAR AMOUNT SO THAT WE CAN DO THAT AND HAVE A GREAT EXPERIENCE. THEY LOOK AT OUR FINANCES VERY CAREFULLY AND HAD DIDN'T HAVE A COMMENT ABOUT IT. SO THAT SO THAT'S GOOD. AND I

[02:20:04]

[Mayor's Office]

HE DID ARRIVE MOMENTS AFTER WE STARTED THE HEARING, BUT HE HAD TO TAKE A PHONE CALL. THEREFORE,

[Mayor, City Council]

I WILL GET LOCATIONS AND I WILL GET START TIMES FOR THE THINGS THAT WERE VAGUE. I WILL ALSO IDENTIFY FOR A COUPLE FOLKS WHO WANTED TO GO TO EVENTS THAT WERE DIFFERENT FROM JUST THE OPENING AND CLOSING. I'LL MAKE SURE THAT THEY'RE AWARE THAT WE DON'T HAVE ANY PROBLEMS THERE.

I WANTED TO MAKE ONE CLARIFICATION, AND JOHN, IF YOU CAN NOTE THIS, I WANTED TO THAT VERY FIRST ONE, I THINK IT WAS ON THE 12TH TO BE THERE IN THE MORNING, BUT NOT THE FULL. IT WAS LIKE THE COMMIT TO THE FULL DAY, RIGHT? I CAN'T COMMIT TO THE FULL DAY, BUT TO BE THERE FIRST THING IN THE MORNING. SO THAT'S WHY I HAVE ATTACHED OR NOT ATTACHED, BUT INCLUDED A THE BREAKDOWN OF THE DAY SO THAT YOU CAN KNOW IT WOULD BE IDEAL IF YOU COULD BE THERE WITH A PICTURE AND THEN PERHAPS WITH THE TIMING HERE. OKAY. THAT WOULD BE GREAT. THAT'S OKAY. SO I WASN'T SURE HOW TO INCLUDE THAT. SO AFTER THAT I WOULD SAY SOME OF THE TRANSPORTATION YOU MIGHT END UP HAVING TO DRIVE YOUR OWN CAR IF THERE'S NOT ROOM. SO YOU'RE WELCOME TO DO ANY OF THAT. AND IF YOU HAVE IDENTIFIED THAT YOU'D LIKE TO BE AT THE CLOSING EVENT AND SOME OF YOU HAVE, I AM GOING TO REPORT THAT AND I WILL JUST TELL YOU THAT YOU ARE WELCOME TO BRING GIFTS TO EXCHANGE. YOU MAY NOT GET A GIFT FOR EVERY ONE YOU EXCHANGE.

THESE ARE SMALL ITEMS. IF YOU DON'T WANT TO PARTICIPATE IN THE EXCHANGE, YOU DON'T HAVE TO BRING THAT EITHER. BUT THERE IS A A VERY RICH TRADITION OF EXCHANGING SMALL ITEMS AND THEY CAN BE VERY SMALL LITTLE SNACKS, LITTLE, LITTLE THINGS. SO ANYWAY, WE CAN TALK MORE ABOUT THAT FOR ONE ON ONE IF YOU HAVE ANY CONCERNS ABOUT THAT. ALL RIGHT THEN MOVING TO OTHER THINGS. OPEN ENROLLMENT CLOSES THIS FRIDAY. IF YOU KNOW ANYBODY WHO HAS NOT YET MADE THEIR SELECTIONS FOR EMPLOYEE BENEFITS, THEY NEED TO GET ON. THERE HAVE BEEN 3 OR 4 REMINDERS SENT OUT WILDLAND FIRE DEPLOYMENTS. WE DO HAVE EIGHT FIREFIGHTERS OUT. STILL THE SAME BREAKDOWN AS LAST TIME, TWO STILL IN WYOMING AND SIX IN CALIFORNIA. WE HAVE THE POLICEMAN'S BALL COMING UP AS A PRIVATELY RUN, NOT CITY RUN, BUT PRIVATELY RUN FUNDRAISER.

IT BENEFITS THE DOMESTIC VIOLENCE AND SEXUAL ASSAULT CENTER THAT REALLY DOES. IT SEEMS LIKE YOU GET ALL THOSE POLICEMAN CALLS THAT USED TO BE YOU NEVER KNEW, RIGHT? BUT THIS ONE ACTUALLY DOES HELP THAT DOMESTIC VIOLENCE, THEY'RE THE ONES WHO PUT IT ON AND THEY PUT IT ON. DO YOU KNOW WHERE IT'S AT THIS YEAR? I SHOULD, BUT I DON'T. I'M GUESSING IT'S STILL AT THE WEST BANK, THE WEST BANK OR WHATEVER IT'S CALLED. NOW, I APOLOGIZE TO THE OWNERS FOR NOT KNOWING THE OFFICIAL NAME, BUT I'M I'M IN GOOD COMPANY. THE WEST BANK EVENTS, I THINK 99%

[02:25:06]

SO IF YOU LOOK ON THE SCREEN RIGHT NOW, YES, WE JUST LEARNED THIS LAST WEEK, IF YOU GO RIGHT HERE, IF YOU GO INTO THE LIVE STREAM AND YOU DON'T HAVE TO SELECT A YEAR DOWN HERE, OKAY, YOU JUST TYPE RIGHT HERE. FIRE STATION, IT'S GOING TO PULL UP EVERY CITY COUNCIL MEETING WHERE FIRE STATION WAS MENTIONED. I KNOW IT'S REALLY HARD TO SEE BECAUSE IT'S VERY

[02:30:05]

AND SO YOU CAN YOU CAN SEARCH. LIVE STREAM. FROM IT'S NOT CAPTIONED TRANSCRIPTION. OKAY VIA SWAG BY DOING THAT. SO AS LONG AS YOU ARE ON THIS LIVE STREAM PAGE RIGHT HERE AND YOU TYPE IN LIKE, I BET MY NAME WILL PROBABLY COME UP BECAUSE I WAS APPROVED IN JANUARY. SO DOWN HERE AT THE VERY BOTTOM, JANUARY 9TH, MISS EMILY GEISLER AND CITY CLERK, SO YOU CAN SEARCH THE RECORD OF OF THE VIDEOS. TRANSCRIPTION. THANK YOU. LIMITED ONLY BY WHETHER OR NOT I UNDERSTOOD THAT KEY PHRASE. YEAH. SO BECAUSE ONCE IN A WHILE THERE ARE ERRORS THAT WAY. CORRECT? VERY GOOD TO KNOW. THANK YOU. THAT IS GOOD. IT'S GOOD FOR THE PUBLIC TO KNOW. ALL RIGHT. I THINK THAT'S PRETTY MUCH ALL THAT I WANTED TO BRING FORWARD. I WILL TURN IT OVER TO YOU TO RAISE ANY THOUGHTS OR CONCERNS THAT YOU HAVE THAT WE NEED TO KNOW ABOUT.

OH, DID I PUT DOWN HERE I MEANT TO YEAH. CHICAGO IS GOING TO GO AHEAD AND BE A ROUTE FOR US SEASONAL ROUTE AGAIN NEXT YEAR, GETTING THEM TO SEE VALUE IN IT OVER TIME IS THE FIRST STEP TO GETTING THEM TO MAKE IT PERMANENT. AND MAYOR, THEY'RE GOING TO START IN MAY. SO THIS LAST YEAR IT WAS GOING TO BE I THINK IT WAS ONLY AUGUST, SEPTEMBER, OCTOBER. OH OKAY. OR SEPTEMBER OCTOBER, YOU KNOW LIKE IN THREE MONTHS. BUT THEY'RE GOING TO GO MAY. SO WE'LL HAVE ALL SUMMER SEASON FOR THAT DIRECT FLIGHT. WONDERFUL. I THINK THAT THAT'S BEEN A VERY POPULAR ROUTE. IT CUTS THE TIME GETTING TO D.C. BY ABOUT 2.5 HOURS. ALL RIGHT.

ANYTHING ELSE FROM YOUR DEPARTMENTS? AMERICAN. AMERICAN? NOTHING FOR ME, MAYOR. ALL RIGHT, COUNCILOR FREEMAN, I JUST HAD A COUPLE OF THINGS. JUST WITH NINE OVER 11 COMING UP, AND THERE'S GOING TO BE A MEMORIAL SHELTER FROM ACTUALLY, IT'S GOING ON RIGHT NOW. THE FIREFIGHTERS AND POLICE ARE USING THE BUSH ACT STAIRS FROM THE FIRST THROUGH THE 11TH. AND THEY'RE DOING THE DOING THE 110 STORIES. THE CHALLENGE ALSO THAT AMMAN HAS OPENING A FROM THE HEROES DEFENSE FUND. THEY'RE THERE. THEY'VE GOT A911 MEMORIAL THAT'S GOING TO BE DEDICATED ON ON NINE OVER 11 AT 7:30 P.M. AT THE FIRE STATION. THERE. SO IF YOU'RE, YOU KNOW, KIND OF A BIG DEAL. IT'S OUR 24TH ANNIVERSARY OF NINE OVER 11. AND NEXT YEAR WE'LL HAVE A CELEBRATION HERE OR CELEBRATION ON. CEREMONY HERE. WELL, IN FACT, LET'S GIVE A QUICK REPORT ON THE HEROES DEFENSE BANQUET ON FRIDAY. SATURDAY, COUNCILORS FRANCIS FREEMAN AND LARSON WERE THERE, I WAS THERE. THEY DID RAISE A CONCERN ABOUT A WORRY THAT AFTER THE 25TH ANNIVERSARY, THINGS MIGHT TAPER OFF. AND SO THE ONE OF THE MESSAGES WAS, LET'S KEEP, YOU KNOW, KEEP THIS GOING AS A SOMETHING, NOT A COMMEMORATION WORTH IT. THAT'S WORTH IT. AND WE DON'T NECESSARILY ALWAYS HAVE TO FOCUS ON NINE OVER 11. I WAS REALLY PLEASED THAT SHERIFF HULSE, IN HIS REMARKS, TALKED ABOUT COEUR D'ALENE, BECAUSE I THINK COEUR D'ALENE SCENARIO IS ANOTHER ONE THAT IS EXTRAORDINARILY IT'S FRIGHTENING. IT'S FRIGHTENING AT ITS CORE IN TERMS OF AN AMBUSH. AND SO THAT THAT WAS WORTH COMMEMORATING AS WELL. SO THAT HEROES DEFENSE FUND THAT COMMEMORATION IS, I THINK, VERY INTERESTING THAT THEY, THE DIRECTOR BROUGHT UP THAT THEY ARE LOOKING AT DONATING MONEY FROM THIS EVENT AND OTHER EVENTS TOWARDS A TRAINING FACILITY IN IDAHO FALLS. AND THAT'S THE FIRST WE'D HEARD THAT. THAT'S EXCELLENT. IT WAS HUGE. YEAH, THAT'S BIGGER THAN PEOPLE REALIZE. SO KEEP HOPE ALIVE ON THAT ONE AND KEEP THAT. THAT'S A QUARTET. YEAH THAT'S YEAH. BUT I MEAN THEY WANT TO DO THAT TRAINING CENTER. YEAH. I MEAN THEY SAID THAT THEY ACTUALLY MADE THE ANNOUNCEMENT THAT THAT, YOU KNOW, WE'RE GOING TO START RAISING MONEY FOR THIS TRAINING FACILITY IN FALLS. AND THAT I WOULD SAY FROM IT IS THAT THE RECORD WAS THERE TOO. SORRY ABOUT THE CANCER, BECAUSE THAT REMINDED ME THAT WAS THERE POLLS THAT SOMEONE HAD PASSED OF CANCER? I DON'T KNOW THAT IT HAD ANYTHING. IT WAS A IT WAS A POLICEMAN, NOT A FIREMAN, BUT DEPUTY. YEAH, BUT I THINK THE STORY OF NINE OVER 11 IS HOW MANY PASSED NOT FROM THE EVENT, BUT FROM THE CANCERS THAT COME FROM THOSE DANGEROUS ITEMS THAT ARE BURNING OR, AND IT'S JUST

[02:35:03]

ARE WE IS THE WHITE THING? WAS THERE A REASON IT DOESN'T CIRCLE THE WHOLE? THE REASON IT WHAT? IT DOESN'T. IT'S JUST OVER THE WHERE THE GOALS ARE. YEAH. JUST WHERE THE LOGOS ARE.

IT SEEMS LIKE WE FLOOD THE LOGOS WITH, LIKE, THE RED AND WHITE. YEAH. LIKE THIS KIND OF JUST THINGS UP AT THE TOP. THEY JUST ARE OVER THE LOGO. YEAH. BUT THERE'S GAPS WHERE THERE'S WHERE IT DOESN'T COME DOWN OR THREE OF THEM. AND THAT'S THE LOGO. IT'S IN BETWEEN THEM.

YEAH. YEAH. THERE WAS A REASON FOR IT. OR IS THAT JUST BECAUSE THEY WANTED TO LIGHT THE LOGO I GUESS. OH, IT'S ANYWHERE. BUT I SUSPECT WE'RE TRYING TO BE FISCALLY RESPONSIBLE. LIGHT SENSITIVE. WELL, THE CELEBRATION ON THE 10TH OF OCTOBER COMMUNITY CELEBRATION IS GOING TO BE A A FUND, COMMUNITY MINDED EVENT. I THINK IT WAS ORIGINALLY DESIGNED TO COINCIDE WITH EITHER FILLING OR ANNOUNCING THE DEMOLITION OR WHATEVER, BUT I THINK ALL OF THAT SCHEDULE IS IMPACTED BY THE AVAILABILITY OF VARIOUS CONTRACTORS. AND SO WE ARE PROBABLY GOING TO BE A LITTLE OFF SCHEDULE, BUT THE CELEBRATION WILL STILL BE HELD BECAUSE IT'S STILL THE RIGHT TIME OF YEAR WITH THE WEATHER, AND WE STILL HAVE A STORY TO TELL. THAT'S JUST WE MAY NOT BE DOING A DEMO THAT NIGHT OR THAT, YOU KNOW, THAT WEEK OR WHATEVER.

ANYHOW, THE DETAILS ON THAT, WE'LL GET THEM TO YOU AS SOON AS WE HAVE THE SCHEDULE FOR WHEN THINGS WILL HAPPEN. IN FACT, WE DO HAVE A AN ITEM RELATED TO THE DEMOLITION ON THE AGENDA, AND IT MIGHT BE THAT WE ONLY GOT ONE BID OR NO BIDS OR SOMETHING ON THAT. SO ANYHOW, ARE THERE ANY OTHER CONCERNS, ANYTHING YOU WANT TO PUT ON A FUTURE AGENDA THAT WE HAVEN'T ALREADY TALKED ABOUT? SOMETIMES WE USE THIS CONVERSATION TIME TO GO WAY OFF TRACK. SOMETIMES WE USE IT TO BE IN A HURRY, AND OTHER TIMES I HEAR PEOPLE SAY, YOU'D NEVER GIVE US A CHANCE TO TALK ABOUT ALL THE THINGS THAT ARE IN OUR HEARTS. AND SO THIS IS ONE OF THOSE TIMES WE'VE MADE IT A REALLY BROAD SUBJECT HERE. SO I DO KNOW ONE THING IF ANYONE'S INTERESTED, THE FARMER'S MARKET HAS REALLY JUST BEEN AMAZING. YEAH, IT'S JUST AN AMAZING BEST ANYWHERE. YEAH. AND ONE OF THE THINGS THAT THEY ARE OFFERING IS $10 NON PROFIT. SO I THINK THAT OUR DEPARTMENTS LIKE OUR. POLICE, IDAHO FALLS PARKS AND REC COULD BE THERE FOR $10 A SATURDAY. SO AS LONG AS THEY DON'T SELL ANYTHING, IT'S SOMETHING THAT'S INTERESTING FOR US AS NON-PROFITS. IT WAS ALSO INTERESTING. SO I DON'T KNOW TO COLLECT DONATIONS. NO, WE'RE I DON'T EVEN THINK THEY WANT YOU TO DO THAT JUST TO BE ABLE TO GIVE OUT INFORMATION.

SO LIKE THE WEEKEND BEFORE THEY SIGN UP KIDS FOR HOCKEY OR SOMETHING, YOU KNOW, FOR WHATEVER OPTIONS WE HAVE AS A LIBRARY JUST FOR $10, IT'S FREE TO GET ACCESS TO 5 OR 6000 PEOPLE ON A SATURDAY. IT'S NOT SOMETHING WE ALWAYS DO. I'VE ALWAYS WANTED TO KIND OF JUST PUT A SIGN OUT AND SAY, I'LL LISTEN ON A CITY COUNCIL AND GET YELLED AT FOR A WHILE.

SOMETIMES MIGHT HAVE BEEN ANOTHER THING THAT I KIND OF GET YOU A STOOL IN A IN A FOLDING SIGN, AND WE COULDN'T HAVE MORE THAN YOU COULD ONLY EVER HAVE TWO PEOPLE THERE BECAUSE IT DIDN'T HAVE A PUBLIC MEETING. I COULD DRESS UP LIKE LUCY FROM PEANUTS. YEAH, CHARGE $0.05. YEAH, THAT WOULD BE PSYCHIATRY. SO THAT'S A REALLY GOOD POINT. MAYBE WE OUGHT TO CONSIDER UPDATING OUR POP POP TOOL TO INCLUDE AN INFORMATION BOOTH, BECAUSE THAT IS A REALLY GOOD WAY TO, TO GET TO TO GET THAT CONNECTION. ALL RIGHT. I THINK WE'RE DONE. WE'VE

* This transcript was compiled from uncorrected Closed Captioning.