YEARS. THAT PERIOD. BECAUSE. YEAH. ALL RIGHT, IT'S 7:00. WE'LL GO AHEAD AND BEGIN THE
[1. Call to Order]
[00:00:08]
MEETING. WELCOME TO OUR CITY PLANNING AND ZONING COMMISSION MEETING FOR JANUARY 6TH, 2026.WELCOME TO A NEW YEAR. BEFORE WE GET INTO SOME OF THE PUBLIC BUSINESS, WE'LL REVIEW MINUTES.
DOES ANYBODY HAVE ANY RECOMMENDATIONS OR CHANGES FROM THE MINUTES OF OUR MEETING? DECEMBER 9TH. OKAY. THEY LOOKED PRETTY GOOD TO ME, TOO. I CAN ENTERTAIN A MOTION FOR APPROVAL
[2.I. Minutes: December 09, 2025]
OF OUR MINUTES. I'LL MAKE A MOTION. THANK YOU. COMMISSIONER, ANY SECOND. I'LL SECOND. THANK YOU, COMMISSIONER ISLER. ALL IN FAVOR, SAY AYE. AYE. AYE. ANY OPPOSED? ALRIGHT. THAT PASSES[3.I. ANX25-004 Annexation and Initial Zoning of LM, Light Manufacturing and Heavy Commercial for approximately 127.603 acres situated in a portion of Section 1, Township 2 North, Range 37 East. Located north of W 33rd North, east of the Snake River, south of W 49th North, and west of N 5th West. ]
UNANIMOUSLY. WE'LL FIRST HEAR ITEM FROM THE APPLICANT FOR ANNEXATION AND AN INITIAL ZONING OF ENLIGHTENMENT FACTORING HEAVY COMMERCIAL. I UNDERSTAND THAT THE APPLICANT IS THE CITY ON THIS. SO WE'LL HEAR FROM YOU BOTH. ALL RIGHT. COMMISSIONER BRIAN STEPHENS, HAPPY TO BE HERE. THIS IS FAIRLY STRAIGHTFORWARD. IT'S A LARGE PIECE OF GROUND THAT IS GOING TO BE ANNEXED INTO THE CITY. LET'S SEE I'M JUST TRYING TO GO THROUGH HERE. SO I WANT TO FAMILIARIZE EVERYBODY WITH THE LOCATION. MAKE SURE THIS IS WORKING HERE. SO THIS IS THE 127 ACRES. AND THIS IS EAST RIVER ROAD. IF IF EVERYBODY'S FAMILIAR WITH THAT OR NORTH FIFTH WEST. RIGHT. THE INITIAL PROPERTIES ARE DOWN HERE. JUST KIND OF A GENERAL ORIENTATION TO THE SITE. THIS ANNEXATION WAS REQUESTED BY THE PROPERTY OWNER. THE PROPERTY OWNER IS THE AIRPORT AND THE CITY OF IDAHO FALLS. THE THE PROPERTY IS IN THE AREA OF IMPACT AND CONTIGUOUS TO THE CITY LIMITS ALONG THE EASTERN PROPERTY LINES, AND ANNEXATION OF THE PROPERTY IS CONSISTENT WITH THE POLICIES AND CITY'S COMPREHENSIVE ZONE. SO I'M JUST GOING TO GO THERE. LET'S GO BACK. SO HERE'S THE COMPREHENSIVE ZONE. AND THEN IF WE LOOK AT THE ZONING. OKAY. SO THIS IS THE ZONING. SO EXISTING. IT IS CURRENTLY RA2 AND A1 IN THE COUNTY. AND THEN TO THE NORTH WE ALSO HAVE COUNTY A1. AND TO THE SOUTH WE HAVE COUNTY A1. BUT TO THE EAST WE HAVE L-M AND R-3. AND THAT IS WHAT THEY'RE SEEKING IS L-M. AND THEN TO THE WEST, OF COURSE, WE HAVE THE RIVER. PROPOSED ZONING IS L-M WITH AN AIRPORT OVERLAY.SO IF WE GO INTO THE. SLIDES THERE'S THE AIRPORT OVERLAY. THOSE ARE THE LAND USES THAT ARE ON THE AIRPORT OVERLAY. AND THEN. THE THE PROPOSED ZONING IS OUTLINED WITH AIRPORT OVERLAY. SORRY I'M GOING TO REPEAT MYSELF. APPROACH SURFACE AND LIMITED DEVELOPMENT. THE PROPERTY IS ADJACENT TO L-M ZONING TO THE EAST AND TO THE WEST ACROSS THE RIVER. THE PROPERTY WAS ACQUIRED BY THE AIRPORT FOR AIRPORT PURPOSES RELATED TO THE APPROACH AND PROXIMITY TO THE RUNWAY. AIRPORT PROPERTY IS ZONED L-M. STAFF HAS REVIEWED THE ANNEXATION INITIAL ZONING APPLICATION AND FINDS THAT IT'S CONSISTENT WITH THE COMPREHENSIVE ZONING CODE AND THE CITY'S COMPREHENSIVE PLAN. STAFF RECOMMENDS APPROVAL OF THE ANNEXATION AND INITIAL ZONING OF LM AND AIRPORT OVERLAY ZONE. I DON'T REALLY HAVE A LOT MORE TO ADD. IT'S FAIRLY STRAIGHTFORWARD. AIRPORTS ACQUIRED THIS LAND AND AND IS WANTING TO ADD IT TO THE CITY. I HAVE A QUESTION FOR YOU. WHEN LOOKING AT POSSIBLE MANUFACTURING USE FOR THE PROPERTY, BECAUSE IT'S IN THE APPROACH SECTION ON THAT AIRPORT OVERLAY. WHAT ARE THE HEIGHT RESTRICTION OF ANY STRUCTURES ON THE PROPERTY. SO SO WE DIDN'T. RIGHT I CAN'T OKAY. I WAS JUST GOING TO SAY YEAH. SO SO THE FINDINGS OF TURNER ON THE IDAHO FALLS REGIONAL AIRPORT DIRECTOR. SO THANK YOU. NICE TO MEET YOU ALL.
[00:05:03]
A PLEASURE TO BE HERE. THAT THERE WILL BE NO MANUFACTURING CONSTRUCTED ON THIS PROPERTY.THE PURPOSE OF THE PROPERTY AND THE REASON WHY THE AIRPORT PURCHASED IT IS TO PROTECT THE APPROACHES TO THE AIRPORT WITHOUT DIVING INTO A LOT OF MINUTIA. THE PROPERTY WILL SUBSTANTIALLY STAY THE WAY IT IS AS IT EXISTS TODAY ON THAT LIGHT MANUFACTURING, BESIDES MEETING THE COMPREHENSIVE PLAN, DOES MATCH THE REMAINING AIRPORT PROPERTY ZONE. YEAH.
OKAY. SO IF ANY STRUCTURE WAS BUILT ON IT, IT HAS SPECIFIC HEIGHT RESTRICTIONS BECAUSE OF THE LOCATION TO THE APPROACH AMONG A LOT OF OTHER CONSIDERATIONS, INCLUDING PROTECTED AIRSPACE. YEAH. OKAY. THANK YOU. I DON'T MIND IF YOU GET INTO SOME OF THE QA. CAN YOU GIVE US SOME MORE INSIGHT OR COLOR ON THAT? THERE'S THERE'S SOME DIVISIONS THERE BETWEEN STATE LAW AND THEN WHAT THE FAA WILL ALLOW US TO, TO UTILIZE THAT PROPERTY FOR WHEN YOU WHEN YOU REFER TO SPECIFIC LIGHT MANUFACTURING AS IT EXISTS UNDER OUR ZONING, THOSE MOST OF THOSE. PRODUCTION FACILITIES WOULD EMIT SOME TYPE OF STEAM OR SOME, SOME OTHER TYPE OF EXHAUST THAT WOULD NOT BE PERMITTED RIGHT UNDER THE APPROACH OF THE PROPERTY.
THAT'S REALLY WHY I ASSUME YOU'RE PROBABLY NOT PUTTING HANGARS ACROSS THE RIVER, BUT WITH SOMETHING LIKE A HANGAR BE ALLOWED ON THAT PROPERTY. IT. WOULD, BUT WE'RE NOT DOING IT ACROSS THE RIVER. YOU'D HAVE TO BUILD A BRIDGE TO GET YOUR PLANES OVER. BUT THE ONLY CONSIDERED PLACEMENT OF SOMETHING ON THAT PROPERTY AT THIS POINT IN TIME IN THE AIRPORT MASTER PLAN, IS NAVIGATIONAL AIDS. PERFECT. THANK YOU FOR CLARIFYING THAT FOR I THINK IT HELPS. THANK YOU. ANY OTHER QUESTIONS? I HAVE ONE, I DON'T KNOW IF IT'S OUR COMMUNITY DEVELOPMENT SERVICES OR THE AIRPORT, BUT THAT IS BEST SUITED TO ANSWER THE QUESTION. BUT IF MOST OF THE USES OF THE LAND THAT WOULD FALL UNDER AN LM ZONE WOULD NOT BE ALLOWED BECAUSE OF THE AIRPORT OVERLAY, WHY IS THE AIRPORT ZONED THAT WAY? DO YOU MEAN WHY DOES IT HAVE TO BE LM YEAH. ALL RIGHT. LET'S SEE IF I. I'M JUST CURIOUS WHY WHY CODE IS WRITTEN THAT WAY, THEN I GUESS SO. WE HAVE THREE DIFFERENT SOLDIERS IN THE BACK, SO I DIDN'T INCLUDE IT IN OUR IN THE STAFF PACKET, BUT IN THE BACK OF THE COMPREHENSIVE PLANNING ORDINANCE, WE HAVE AN AIRPORT OVERLAY SECTION. RIGHT. AND IT WAS ADDED, WHAT 2019 TO TO THE ORDINANCE. AND IN THERE THERE'S A WHOLE STACK OF USES AND CONDITIONAL USES AND AND THAT WHEN WE WROTE THE CODE, THE AIRPORT WAS ALREADY IN THE LM ZONE. AND SO WE BUILT UPON THE LM ZONE AS ONE OF THE PRIMARY PURPOSES IS TO HOUSE THE AIRPORT. IN SO DOING THAT, THOUGH, WE CREATED THREE ADDITIONAL COMPONENTS. RIGHT. AND THOSE ARE THE LAND USE THAT HEIGHT. RIGHT. SO AND THESE COME OUT OF THE AIRPORT MASTER PLAN. AND I'M TRYING TO THINK WHAT'S THE THIRD ONE. LAND USE HEIGHTS AND NOISE AND NOISE. RIGHT. AND SO WE'RE TRYING TO PROTECT THE AIRPORT FROM BLOWBACK ON THOSE THINGS AND OR RESIDENCES FROM BEING IMPACTED FROM THOSE THINGS. AND SO THIS IS, YOU KNOW, ANOTHER STEP IN THAT DIRECTION, RIGHT? AND IN IN THE BACK OF THAT CERTAIN AREAS. SO FOR EXAMPLE, LIKE THE RED, THERE'S NOTHING THAT CAN BE BUILT THERE RIGHT IN THE ORANGE AREA. VERY LIMITED STRUCTURES CAN BE BUILT THERE.
AND THOSE STRUCTURES THAT COULD BE BUILT THERE CAN HAVE A VERY SMALL OCCUPANCY OF HUMAN LIFE.
RIGHT. AND THAT'S I MEAN, OF COURSE, THIS THIS IS OWNED BY THE AIRPORT AND THE AIRPORT'S NOT WANTING TO BUILD ANYTHING. THEN WE'RE GOING TO ZONE IT AS LM AND, AND IT'S GOING TO SIT THERE AND SERVE THE AIRPORT AND AIRPORT ALONG WITH THAT. THAT'S REALLY TO TRY AND KIND OF SUMMARIZE, YOU KNOW, LIKE I WANT TO SAY THE ORANGE IS SIX PEOPLE OR LESS FOR SO MANY LIKE AN ACRE. SO IT'S NOT A LOT. IT'S NOT A LOT LIKE THE WHOLE IDEA IS TO REDUCE THE NUMBER OF PEOPLE IN THE AREA. YEAH. SO CAN I OFFER SOME ADDITIONAL JUST HISTORY THERE ON THE ZONING. SO ALL OF THE AIRPORT IS ZONED L, M. THAT IS A HOLDOVER FROM THE PRIOR ZONING ORDINANCE PRIOR TO 20 1819. PREVIOUSLY THE AIRPORT WAS ZONED M ONE, WHICH WAS ALSO A LIGHT INDUSTRIAL ZONE. THAT AND ONE ZONING DESIGNATION WAS CHANGED IN 2018 TO L AND M. BUT
[00:10:05]
AGAIN, IF YOU THINK ABOUT A LOT OF THE AIRPORT OPERATIONS, THEY DO HAVE MORE OF A LIGHT INDUSTRIAL OR MANUFACTURING FEEL TO THEM. JUST WITH SOME OF THOSE OPERATIONS, LARGER METAL, YOU KNOW, LARGER STRUCTURES, MOVING OF EQUIPMENT AND, AND THOSE TYPES OF THINGS ARE MORE SIMILAR TO THAT INDUSTRIAL ZONE, WHICH IS WHY I BELIEVE THAT M ONE WAS ORIGINALLY CHOSEN A LONG, LONG TIME AGO. AND THEN WE'VE JUST SORT OF CONTINUED THAT THEME. WE DON'T HAVE A SPECIFIC ZONING DISTRICT THAT IT WOULD ONLY BE FOR THE AIRPORT OR FOR AIRPORT USES. SO WE ARE REALLY LOOKING FOR THE MOST COMPATIBLE ZONE THAT FUNCTIONS WITH WHAT THE AIRPORT DOES EVERY DAY. AND SO THAT'S WHY YOU HAVE THE LM DESIGNATION. OKAY. AND ONE QUESTION IS FARMING A PERMITTED USE AGRICULTURAL PERMITTED USE IN THE ZONE. LET ME CLARIFY FOR YOU REAL QUICK HERE. I CAN DO THAT. OKAY. I THINK IT WOULD BE GRANDFATHERED. RIGHT. AS A USE THE AGRITOURISM IS IN AN OPEN SPACE ZONE. BUT THAT PROBLEM IS, IS THAT ZONE IS ALSO A IT'S THE PUBLIC ZONE. AND SO WE CAN THEN SEE A PARK WHICH WOULD HAVE MORE PEOPLE. SO AGRICULTURAL IS AN ALLOWED USE IN THAT ZONE. WE'VE SEEN THAT WOULD BE A VERY COMPATIBLE USE TO YOU KNOW, PREVENT IT FROM BECOMING JUST WEED PATCH RIGHT. YEAH. OKAY. THANK YOU. GOOD QUESTION COMMISSIONER SCOTT. I'M JUST CURIOUS WHERE WE SORT OF HAVE OVERLAPPING JURISDICTIONS HERE THAT. CITY AND, AND I PRESUME THE FAA, WHO IS THE ULTIMATE IF, IF, IF. THIS PLAN WANTS TO BE PUT TO SOME USE TO BUILD SOMETHING, WHO'S THE ULTIMATE AUTHORITY. SO THE FAA DID WOULD SAY, NO, YOU CAN'T PUT THAT THERE OR WELL, THERE. SO THE AIRPORT IS GOING TO BE THE AUTHORITY. RIGHT. AND THEY'RE GOING TO APPLY FAA RULES. THEY ARE THE OWNERS OF THE LAND.RIGHT. AND SO THEY'LL THEY'LL APPLY THE RULES OF THE FAA. YOU KNOW, SO ULTIMATELY THE FAA HAS THE MOST RESTRICTIVE IN TERMS OF WHAT USES COULD BE IF WE WANT TO KEEP OUR AIRPORT. YES.
OKAY. THANK YOU FOR HEARING US ON SOME OF THOSE QUESTIONS. I THINK IT'S VALUABLE FOR THE PUBLIC TO HAVE MORE OF THAT INSIGHT. ALL RIGHT. BARRING ANY OTHER QUESTIONS OR PRESENTATION, WE'LL OPEN THE PUBLIC HEARING. IF YOU'D LIKE TO SPEAK ON THIS ITEM, WE INVITE YOU TO THE MICROPHONE. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. AND WE ARE EXCITED TO HEAR YOUR COMMENTS AND THOUGHTS. GOOD EVENING, HONORABLE MEMBERS, AND THANK YOU FOR THE OPPORTUNITY TO BE HERE THIS EVENING. MY NAME IS AUDREY JOHNSON. MY CURRENT ADDRESS IS 5144 EAGLEWOOD DRIVE IN IDAHO FALLS. I WAS A PREVIOUS OWNER OF TWO RESIDENCES AND PART OWNER OF THE FARM THAT IS IN THE SUBJECT PROPERTY RIGHT NOW. HONESTLY, WE ARE THRILLED TO HEAR THAT THERE'S NO ACTIVE PLANS TO BUILD ANYTHING RIGHT NOW THAT IS MUSIC TO OUR EARS. IT'S BEEN A PROPERTY THAT'S BEEN NEAR AND DEAR TO US FOR MANY YEARS. AS YOU KNOW, IT'S A LOT OF THERE'S A LOT OF RESIDENTIAL AROUND THAT AREA. ACCESS IS QUITE LIMITED. THE MAIN ACCESS, THE ONLY ACCESS RIGHT NOW IS 33RD NORTH, WHICH IS PARTLY BECAUSE OF THE SUBDIVISION OF CONDOMINIUMS. AND THEN THE OTHER NORTHERN OR EAST WESTERN PART OF IT RATHER IS A GRAVEL ROAD. AND THEN FROM THERE AT THE CORNER IT GOES INTO A PRIVATE LANE. SO THERE'S ACTUALLY A PRIVATE LANE OWNED BY JERRY AND LAURA JOHNSON THAT CONNECTS 33RD NORTH TO THE SUBJECT PROPERTY. SO THERE WOULDN'T EVEN BE ACCESS FOR SOMETHING THAT WAS GOING TO FOR ANYTHING TO BE BUILT THERE. I WOULD JUST MENTION THAT OBVIOUSLY IF THERE WERE TO BE ANYTHING BUILT, IT WOULD CAUSE INCREASED TRAFFIC IN THE AREA. I DON'T KNOW WHAT, IF ANY, OTHER ACCESS WOULD BE THOUGHT OF OR CONSIDERED. ALSO, ADDITIONAL NOISE WOULD BE AN ISSUE AND AT THE VERY LEAST, IF ANYTHING WERE TO BE DONE WITH THAT IN THE FUTURE, THE FAMILY WOULD ASK THAT THERE WOULD BE A SIGNIFICANT BUFFER ZONE BETWEEN ANY OF THE HOMES AND ANYTHING
[00:15:04]
THAT COULD BE DEVELOPED ON THAT. AGAIN, I WOULD JUST SAY WE ARE THRILLED THAT THERE'S NOTHING EMINENT. I DID HEAR SOME INFORMATION, POSSIBLY OF A WEATHER STATION. IS THERE ANY MERIT TO THAT? RIGHT NOW IT'S JUST PUBLIC COMMENT. OKAY, OKAY. THAT'S ALL I HAVE TO SAY. THANK YOU. OKAY. THANK YOU. ANYONE ELSE LIKE TO SPEAK? YES. OKAY. MY NAME IS LAURA JOHNSON. I LIVE AT 1000 WEST 33RD NORTH, IDAHO FALLS. I LIVE RIGHT NEXT TO WHERE THAT HAPPENS. ABOUT TWO YEARS AGO, WE WENT TO THE CITY TO REQUEST A REZONING AND WE WERE DENIED. THEY SAID THE PLANES FLEW OVER IT. THEY COULDN'T REZONE IT FOR. HOUSING AND THAT THERE WAS NO ACCESS, NO UTILITIES, AND OUR PROPERTY WAS EVENTUALLY CONDEMNED AND TAKEN OVER BY EMINENT DOMAIN BECAUSE AIRPLANES FLY OVER IT AND PEOPLE CAN'T LIVE IN THE AIR ZONE. THEY SAID NO BUILDINGS COULD BE BUILT ON THE PROPERTY AND THAT IT COULD ONLY BE USED AS FARMLAND. AND THAT'S ALL I HAVE TO SAY. THANK YOU. AS YOU CAN SEE, I SERVED MY COUNTRY. I WAS A PARATROOPER IN THE GREEN BERET. SIR, COULD YOU PROVIDE YOUR NAME AND ADDRESS, PLEASE? OUR NAME AND ADDRESS? NAME AND ADDRESS. JERRY JOHNSON, MY WIFE JUST SPOKE 1000 WEST 33RD NORTH, IDAHO, FALLS COUNTY, IDAHO COUNTY. AND MY DEAR WIFE SAID WHEN WE TRIED TO REZONE THAT PROPERTY, OUR FARM, WHICH WE MOVED ON TO IN 1947, THE COUNTY SAID, WE HAVE A VECTOR AND NOTHING COULD BE BUILT ON THERE. THAT WOULD POSE A HAZARD TO AN AIRPLANE. LANDING ON THERE IS AN EMERGENCY AS AN EMERGENCY TASK. WHAT WE PROPOSED TO THEM IS THAT WE WOULD BUILD A RUNWAY ON OUR PROPERTY, IN LINE WITH THE EXISTING RUNWAY, PUT LIGHTS ON IT, ETCETERA. AND THEY SAID, WELL, IF AN AIRPLANE IS CRASHING, THERE'S NO TELLING WHERE IT WILL LAND IF IT SPINS OR WHATEVER. SO THEREFORE WE WILL NOT ACCEPT THAT. SO THEY SAID THE HIGHEST, BEST USE FOR THAT LAND WOULD BE IN AGRICULTURE. AND AS WATER, WATER RIGHT ON THE SNAKE RIVER, JUST A MILE NORTH OF TOWN, AND ARGUABLY THE MOST BEAUTIFUL REED ESTATE ANYWHERE IN BONNEVILLE COUNTY. SO TO HAVE THAT USED AS WAREHOUSES SEEMS UNEXPLAINABLE, UNEXPLAINABLE TO US. WE. WE ACCEPTED THE THE REALITY THAT THE BEST USE OF IT WOULD REMAIN AGRICULTURE. THE FARMER ON IT WAS MR. BALL WHO FARMS A LOT OF SMALL PIECES AROUND THE COUNTY, AND HE WE I LOOKED OUT THE WINDOW ONE DAY AND HE WAS HAULING OFF THE CENTER PIVOT AND THE LAND, THE HANDLINES TO THE IRRIGATION SYSTEM. NOW, WHAT HE WAS DOING, AND HE INFORMED ME THAT THE AIRPORT MANAGER HAD DOUBLED THE PRICE, SO HE WOULD BE REQUIRED TO PAY $64,000 UP FRONT TO BURN THAT PARCEL OF LAND. SO HE SAID, SINCE I CAN'T FARM IT, I'M JUST GOING TO TAKE THE SPRINKLER SYSTEM. THAT'S STILL IN DISPUTE WITH HIM. BUT OUR UNDERSTANDING CLEARLY WAS THAT THAT WOULD[00:20:05]
REMAIN IN FARMLAND, BUT WITHOUT THE SPRINKLER SYSTEM THERE. AS A MATTER OF FARM BOY, I KNOW THAT THAT WOULD COST ABOUT $100,000 TO REFIT THE SPRINKLER SYSTEM ON THAT PROPERTY ALONG WITH THE HANDLING. SO WE WERE DISAPPOINTED WHEN WE HEARD THAT WE COULDN'T PUT THE HOUSES ON IT, BECAUSE WHEN AIRPLANE WERE IN A CRASH MODE, THAT THAT A HOUSE WOULD POSE A HAZARD. WE WANTED TO DO TWO ACRE LOTS SO IT WOULD BE LOW DENSITY, AND THEN PUT THE STRIP DOWN THE MIDDLE OF IT FOR AN AIRPLANE TO LAND IN AN EMERGENCY. SO WE WERE SURPRISED WHEN WE RECEIVED THE NOTICE THAT THEY WERE GOING TO DO WAREHOUSES, BECAUSE IN OUR MINDS, THAT WOULD BE AS AS HAZARDOUS OR MORE HAZARDOUS THAN HOUSE WOULD BE WITH THE EMERGENCY LANDING STRIP. SO WE WOULD LIKE TO ASK, IN ALLOWING WAREHOUSES TO BE BUILT, ARE WE GOING TO OBSERVE THE VECTOR THAT THEY DREW FROM THE END OF THE RUNWAY, WHERE HOUSES COULD NOT BE BUILT? ARE WE GOING TO ALLOW THE SAME CRITERIA? WERE WAREHOUSES OR ANY OTHER STRUCTURE CANNOT BE BUILT? THANK YOU. YES. WE DON'T ANSWER QUESTIONS. THIS IS PUBLIC COMMENT. OKAY. THANK YOU. AND WE WILL DO OUR BEST TO HELP ADDRESS WHO ARE. THANKS FOR YOUR SERVICE, MR. JOHNSON.YOU'RE WELCOME. ALL RIGHT. ANY OTHER COMMENTS? ALL RIGHT. WE'LL CLOSE THE PUBLIC HEARING AND GIVE TIME TO STAFF OR THE AIRPORT MANAGER. IF YOU'D LIKE TO ADDRESS ANY OF THE THINGS THAT WERE BROUGHT UP OR HAVE ANY FINAL THOUGHTS OR COMMENTS ON THAT BEFORE WE DISCUSS. IF I MAY JUST ADDRESS SOME OF THE DIFFERENCE BETWEEN WHAT AS THE AIRPORT WITH OUR GRANT ASSURANCES TO THE FEDERAL GOVERNMENT ARE ALLOWED TO USE WITH THIS PROPERTY VERSUS WHAT THE ZONING IS, IT MIGHT BE HELPFUL HERE. WE RECEIVED FEDERAL GRANT MONEY, A 95% FEDERAL DOLLARS, THROUGH THE AIRPORT IMPROVEMENT PROGRAM THAT COMES WITH 39 STRINGS, IF YOU WILL, ONE OF WHICH WE HAVE COMMITTED TO UTILIZING THIS PROPERTY FOR AERONAUTICAL PURPOSES ONLY. TO GET OUT OF THAT OBLIGATION THAT WE HAVE TO ASK THE FEDERAL GOVERNMENT FOR PERMISSION IN THIS AREA. THAT IS HIGHLY UNLIKELY, AND THAT DOES PREVENT US FROM DOING ANYTHING THAT IS NON-AERONAUTICAL IN NATURE, WHICH INCLUDES WAREHOUSES. AND SO WHEN WE'RE WHEN WE'RE LOOKING AT THAT ISSUE THAT WAS JUST BROUGHT UP BY THE PUBLIC COMMENT, WE'RE REALLY LOOKING AT TWO SEPARATE ITEMS. ONES THE FAA IS REQUIREMENTS FOR US ACCEPTING FEDERAL DOLLARS, AND ONE IS OUR LOCAL ZONING. IT HAS TO BE ZONED SOMETHING. AND AS THE CDS STAFF DESCRIBED EARLIER, LIGHT MANUFACTURING IS REALLY THE CLOSEST THING IN CODE FOR US TO ADDRESS. NOW, I WILL ALLOW ATTORNEY BECK TO CORRECT ME ON THIS, BUT THERE'S A THERE IS THE LITTLE. CATCH ON THIS WITH WITH HOW THE PROPERTY WAS ACQUIRED THROUGH EMINENT DOMAIN.
WE ARE ALSO LIMITED BY STATE LAW ON WHAT CAN BE USED ON THIS PROPERTY. HE WOULD NEED TO ARTICULATE WHAT SOME OF THOSE ARE, BUT IT REALLY HAS TO BE FOR GOVERNMENTAL USE AS WELL.
SO THERE'S A LOT OF STRINGS ATTACHED TO THIS PROPERTY NOW, WHICH WOULD PREVENT SOME OF THESE ITEMS THAT WERE ADDRESSED. AND I THINK THAT WAS I FEEL LIKE THERE WAS ONE OTHER ITEM THAT WAS BROUGHT UP THAT I FELT COMFORTABLE RESPONDING TO, AND I'M NOT REMEMBERING WHAT IT WAS AT THIS POINT. SO, OKAY, THAT'S THE ADDITIONAL INFORMATION I WANTED TO SHARE. THANK YOU FOR THOSE ADDITIONAL THOUGHTS. I THINK IT'S IMPORTANT JUST TO ARTICULATE, MAYBE FOR THE RECORD, THAT WHAT WE'RE LOOKING AT HERE, I KNOW THE PUBLIC IS ALWAYS CONCERNED WHEN WE HAVE AN ANNEXATION WITH A ZONING DESIGNATION, BECAUSE WE'RE NOT JUST LOOKING AT WHAT IS GOING TO POTENTIALLY BE BUILT IN THE IMMEDIATE FUTURE, OR WE HAVE TO LOOK AT DOWN THE ROAD 20 YEARS, 30 YEARS DOWN THE ROAD, IF SOMEBODY ELSE ACQUIRED PROPERTY OR SOMETHING ELSE HAPPENED, WHAT COULD POTENTIALLY BE BUILT HERE AND TRY TO FORESEE THAT ALLOW THE CRYSTAL BALLS, AS IT WERE, FORESEE THAT I THINK IT'S IMPORTANT AND I APPRECIATE YOUR THOUGHTS. AND AN ADDITIONAL
[00:25:03]
COLOR TO THIS, THAT WITH ALL THE STRINGS ATTACHED TO THIS PROPERTY THAT SUPERSEDE ANY OF OUR CITY ZONING REQUIREMENTS OR WHAT WOULD BE ALLOWED NORMALLY IN AN LNM TYPE OF ZONE, WE CAN PUT A LOT OF THOSE CONCERNS ASIDE BECAUSE OF THE STRINGS ATTACHED THROUGH FAA, THROUGH STATE, THROUGH FEDERAL GRANT, ETC. AND ON TOP OF THAT, IT WOULD COST THE CITIES SIGNIFICANT FUNDS ABOVE AND BEYOND WHAT YOU NORMALLY MIGHT SEE TO ACHIEVE THOSE GOALS AS WELL. OKAY, SO OUR PURPOSE FOR THE ZONE IS BECAUSE WE DON'T HAVE A BETTER DESIGNATION FOR IT, WHICH IS A TOPIC I HAVE THOUGHT ABOUT A LOT. VERY GOOD. THANK YOU. AND THAT'S WHAT I WAS DRIVING AT EARLIER, IS THAT IN THE ABSENCE OF A DISTINCT ZONE FOR THE AIRPORT, THIS IS OUR BEST AVAILABLE WAY OF ZONING. AIRPORT OWNED AND CONTROLLED LAND, BASICALLY.YEAH. THANK YOU. OKAY I APPRECIATE IT. ANY OTHER QUESTIONS OR DISCUSSION AMONG THE COMMISSION? I WILL SAY THAT IT IS. I WILL HAVE TO AGREE WITH PUBLIC COMMENT THAT IT IS HIGHLY DISAPPOINTING THAT THIS IS A PRIME PIECE OF REAL ESTATE NORTH OF TOWN, AND IT IS SAD TO SEE THAT YOU KNOW IT. THERE'S NO HIGHER AND BEST USE OF IT THAN WHAT IT IS CURRENTLY.
HOWEVER, I DO UNDERSTAND 100% COMPLETELY WHY IT IS GOING THE WAY THAT IT IS. I GUESS IT'S JUST THE FAA HAS ALL THEIR RULES, WHICH ARE, YOU KNOW, 100% VALID AND I UNDERSTAND COMPLETELY, BUT IT IS A GREAT PIECE OF PROPERTY. SO I WOULD HOPE AND I'M SURE THAT THE CITY WILL, WILL MAKE SURE THAT THE BEST USE FOR THIS PROPERTY IS IS DONE. SO I FEEL CONFIDENT ABOUT IT. IT IS JUST LIKE AIR. SADLY, WE CAN'T GO BACK IN TIME AND REORIENT THAT RUNWAY.
EXACTLY. WE CAN'T CHANGE THE ORIENTATION OF THE RUNWAY, WHICH IS ACTUALLY ORIENTED REALLY WELL BECAUSE IT LINES UP WITH THE WIND IN THE AREA PERFECTLY. SO I CAN'T CHANGE THE WIND. YEAH, EXACTLY. SO THAT'S THAT'S ALL I HAVE TO SAY. I'LL AGREE WITH THAT. YOU KNOW, WHEN WE SEE A PRIME PIECE OF RIVERFRONT LAND THAT'S GOING TO BE ZONED INDUSTRIAL USE, WHEN, YOU KNOW, ALL OF EVERYTHING WE'RE DOING AROUND THE CITY IS IS CONTRARY TO THAT, WHERE WE'RE WE'RE RECLAIMING THINGS THAT WERE GRAVEL PITS AND TURNING THEM INTO PRIME REAL ESTATE. RIGHT. IN THIS CASE, YOU CAN SEE ON THE TV SCREEN THE AIRPORT RUNWAY ON THE SCREEN HERE. AND IT MAKES PERFECT SENSE WHY WE NEED TO PROTECT THAT LAND FOR AIRPORT USE. SO I CAN DO. OKAY. THANK YOU. BARRING ANY OTHER COMMENT OR CONVERSATION DISCUSSION, I'LL ENTERTAIN A MOTION ON THIS ITEM. I'LL GO AHEAD AND MAKE A MOTION. THANKS, COMMISSIONER. I WOULD LIKE TO MAKE A MOTION TO RECOMMEND APPROVAL OF THE ANNEXATION AND INITIAL ZONING OF LM LIGHT MANUFACTURING AND HEAVY COMMERCIAL AND AIRPORT OVERLAY ZONE OF LIMITED DEVELOPMENT APPROACH SERVICE AND LIMITED DEVELOPMENT TO THE MAYOR AND CITY COUNCIL. FOR THIS PIECE THAT WE TALK ABOUT. VERY GOOD. DO WE HAVE A SECOND? SECOND. THANKS, COMMISSIONER SCOTT. WE'LL DO THE ROLL CALL. VOTE FOR THE RECORD. COMMISSIONER. MAN. COMMISSIONER STEUER, HIGH COMMISSIONER. OGDEN, HIGH COMMISSIONER. SCOTT. HIGH COMMISSIONER. ELY, I, COMMISSIONER. HARKER, HIGH COMMISSIONER. PAINTER I. MOTION PASSES. THANK YOU. ALL RIGHT.
APPRECIATE YOUR TIME AND ATTENTION TO THIS MATTER. THANK YOU FOR COMING TONIGHT. ALL RIGHT. LOOKS LIKE WE HAVE SOME VERY IMPORTANT BUSINESS TO TAKE CARE OF. I MIGHT HAVE LOOKED FORWARD TO FOR TWO YEARS. WE WILL NOW DISCUSS SOME CHANGES TO THE STRUCTURE OF OUR BODY,
[4.I. Election of Officers: Chair and Vice Chair]
AND. I WILL STEP DOWN AS CHAIR OF THE PLANNING AND ZONING COMMISSION. AND WE NEED TO ELECT A NEW CHAIR AND A NEW VICE CHAIR. SHOULD I HANDLE THAT OR DO YOU WANT TO TAKE IT OVER NORMALLY? YOU WOULD HANDLE THAT. VERY GOOD. YOU CAN DO IT AS ONE MOTION WHERE IF SOMEONE WANTS TO MAKE A MOTION TO DO BOTH OFFICES, OR YOU CAN HANDLE EACH OFFICE SEPARATELY WITH SEPARATE MOTIONS, HOWEVER THE COMMISSION WANTS TO PROCEED. I WOULD BE INTERESTED TO FIND OUT IF BY VOLUNTEER OR NOMINATION, ANYBODY HAS A DESIRE TO SIT IN THIS CHAIR FIRST, AND THEN WE CAN GO FROM THERE. I WOULD NOMINATE MR. ILER TO THE ROLE. VERY GOOD. MR. ILER HAS BEEN NOMINATED. HE SERVED WELL AND WITH A SECOND SERVED WELL AS THE VICE CHAIR AND TAKING OVER[00:30:05]
IN MEETINGS IN MY ABSENCE ON MORE THAN ONE OCCASION. I WOULD BE COMFORTABLE WITH THAT. IS THERE ANY OTHER NOMINATIONS OR DISCUSSION ON THAT MATTER? I WOULD NOMINATE COMMISSIONER LEON AS VICE CHAIR. VERY GOOD. ANY OTHER NOMINATIONS FOR VICE CHAIR? ARE YOU READY TO GO? WELL, THAT COULD BE VERY EASY THEN. I'M OKAY COMBINING THOSE TWO. DO YOU HAVE ANY THOUGHTS OR FEELINGS YOU'D LIKE TO SHARE BEFORE WE SEAL YOUR DOOM? AFTER SEVERAL CONTROVERSIAL MEETINGS THROUGHOUT THE THE YEAR, I DO FEEL COMFORTABLE RUNNING MEETINGS. I MIGHT BE A LITTLE RUSTY STILL, BUT I FEEL CONFIDENT IN IN IN DELIVERING. AND WE HAVE TRAINING AND WE HAVE ALL THE SUPPORT AND HELP IN THE WORLD. SO I FEEL CONFIDENT AND I DO APPRECIATE THE NOMINATIONS. SO. MR. ANY THOUGHTS OR COMMENTS? NO. LIKEWISE, I'LL THANK THE CHAIR FOR YOUR SERVICE TO THE COMMISSION TO DATE AND TO MR. SCOTT FOR THE NOMINATION. THANK YOU. IT'S BEEN MY PLEASURE. WHEN WE PUT NAME TAGS OUT NEXT MONTH, CAN YOU PUT ME ON ONE OF THE ENDS? ALL IN FAVOR OF COMMISSIONER ILER AS CHAIR AND COMMISSIONER MEANS AS VICE CHAIR. SAY AYE. AYE AYE. ANY OPPOSED? VERY GOOD. AND THE MOTION PASSES, COMMISSIONER.[4.II. Planning Commission Training]
CHAIRMAN ILER, I'M GOING TO TURN THE TRAINING PORTION OVER TO YOU AND LET YOU CLOSE US OUT.YES. OKAY. AS YOUR NEW CHAIR. I WILL NOW HAND THE BATON OVER TO CARRY. AWESOME. GOOD. EXCELLENT.
SO YOU WERE REALLY TRAINED FOR THIS? YEAH. WELL THANK YOU. COMMISSION. WE WANTED TO TAKE ADVANTAGE OF YOUR TIME, BUT ALSO BE RESPECTFUL OF YOUR TIME, SO THE TRAINING SHOULDN'T BE TOO LONG. I THINK WE'LL STILL BE OUT OF HERE BY 8:00 IF THAT'S GOOD WITH EVERYBODY.
DEPENDING ON HOW MUCH YOU GUYS WANT TO TALK ABOUT IT. BUT I DO HAVE A COUPLE TRAINING THINGS HERE FOR YOU. I SENT SOME TO YOU IN YOUR PACKET JUST FOR YOU TO REVIEW. THE MAIN THING I WAS REALLY WANTING FOR YOU TO SEE IN THOSE ITEMS WITHIN YOUR PACKET WAS REALLY JUST THAT WHEN IT COMES TO OUR MEETINGS AND HOW WE OPERATE, THAT'S REALLY SET OUT IN IN OUR ZONING ORDINANCE, THAT'S NOT SOMETHING WE MAKE UP. IT'S NOT A TRADITION THAT WE JUST FOLLOW.
IT'S TRULY SOMETHING THAT IS SET OUT IN CITY CODE. AND SO I KNOW SOMETIMES WHEN YOU GET INTO MEETINGS, IT FEELS REALLY FORMAL. AND SOMETIMES MAYBE THE PUBLIC DOESN'T KNOW QUITE HOW TO RESPOND TO THAT FORMALITY, AND MAYBE IT'S NOT INTENDED TO COME ACROSS AS WE'RE NOT LISTENING, BUT IT MIGHT HAVE THAT APPEARANCE. SO I JUST WANT YOU TO KNOW THAT THERE'S PURPOSE BEHIND THAT, AND THEN MAYBE WE CAN KIND OF TALK THROUGH THAT A LITTLE BIT. SO THE FIRST REALLY IS, YOU KNOW, WHY DO WE DO WHAT WE DO? WHY ARE WE HERE EVERY FIRST TUESDAY OF EACH MONTH. RIGHT. AND THIS COMES DIRECTLY FROM OUR ZONING CODE. THE REASON FOR OUR PUBLIC MEETINGS AND WHAT WE DO IS THAT WE HAVE CONSISTENCY IN THE CONDUCT OF THOSE HEARINGS AND MEETINGS. AND I DO HERE WANT TO JUST STOP AND MAKE A DISTINCTION. THERE IS A DISTINCTION BETWEEN A PUBLIC HEARING AND A PUBLIC MEETING. RIGHT. ALL OF OUR MEETINGS ARE PUBLIC MEETINGS, MEANING THAT THEY'RE OPEN TO THE PUBLIC. ANYONE CAN COME IN AT ANY TIME AND SIT DOWN AND OBSERVE AND LISTEN TO THE DIALOG AND THE CONVERSATION. BUT WHEN IT COMES TO A HEARING, A HEARING IS WHERE THE PUBLIC IS INVITED TO PARTICIPATE OR OFFER COMMENT.
AND SO YOU'LL SEE ON YOUR AGENDAS EACH MONTH THAT THERE IS A DISTINCTION BETWEEN WHICH ITEMS ARE HEARING ITEMS AND WHICH ITEMS ARE NOT. AND THAT'S CRITICALLY IMPORTANT SO THAT EVERYONE UNDERSTANDS WHEN THEY GET TO PARTICIPATE AND WHEN THEY DON'T. AND DEPENDING ON THE TYPE OF APPLICATION, THE OTHER REASON THAT WE'RE HERE IS TO PROTECT THE PUBLIC INTEREST, RIGHT? WE ARE SERVANTS OF THE CITY, OF THE GREATER WHOLE, OF THE PUBLIC INTEREST. AND REALLY WHAT WE'RE TRYING TO DO IN TRYING TO PROTECT THAT PUBLIC INTEREST. WE'RE LOOKING TO OUR PLANNING DOCUMENTS, THE COMPREHENSIVE PLAN, THE ZONING ORDINANCE, THE THINGS THAT HAVE BEEN DECIDED AS A WHOLE FOR THE COMMUNITY. RIGHT. SO NOT ANY ONE PARTICULAR PERSON'S INTEREST OR ONE GROUP'S IDEAS OR COMMENTS. WE'RE REALLY LOOKING AT THAT WHOLE PUBLIC INTEREST, BUT WE ALSO HAVE AN OBLIGATION TO PROTECT PRIVATE RIGHTS OF ALL PARTICIPANTS. NOW, IT'S NOT JUST PRIVATE PROPERTY RIGHTS, RIGHT? WE ARE TRYING TO PROTECT THOSE. WE DO HAVE CONCERNS AS APPLICATIONS COME BEFORE US. YOU KNOW, THE APPLICANT HAS CERTAIN RIGHTS AND THE PEOPLE WHO LIVE NEXT DOOR HAVE CERTAIN RIGHTS. AND THE PEOPLE WHO LIVE DOWN THE STREET HAVE CERTAIN RIGHTS, BUT ALSO THE PEOPLE WHO ARE IN THE ROOM HAVE CERTAIN RIGHTS, RIGHT?
[00:35:04]
JUST THE RIGHT TO BE HEARD OR THE RIGHT TO TO MAKE COMMENTS, OR THE RIGHT TO BE RESPECTED AND TO BE TREATED IN AN APPROPRIATE WAY. SO THAT'S IMPORTANT IN WHAT WE DO EACH DAY. THE OTHER IS SIMPLY TO COMPLY WITH IDAHO CODE, RIGHT. WE WANT TO BE VERY MUCH LEGAL IN ALL OF WHAT WE'RE DOING. WE WANT TO MAKE JACOB'S JOB REALLY EASY OVER THERE, I SECOND THAT RIGHT. WE REALLY DO WANT TO MAKE SURE THAT WE'RE ABOVE BOARD AND THAT WE'RE FOLLOWING STATE LAW. WE'RE FOLLOWING OUR LOCAL ORDINANCE, AND WE'RE DOING THINGS CORRECTLY THAT WAY.AND WE DO A REALLY GOOD JOB. ACTUALLY, THIS COMMISSION HAS BEEN SET ASIDE AS AN EXAMPLE ACROSS THE STATE FOR FOR DOING REALLY GOOD THINGS. SO YOU CAN FEEL GREAT ABOUT THAT. CAN I MENTION SOMETHING? YEAH, I HAVE ANECDOTALLY MET WITH JUST SOME OTHER PEOPLE IN THE COMMUNITY LIKE ENGINEERS AND STUFF, AND THEY LEARNED THAT I WAS ON THE COMMISSION. THEY'RE LIKE, OH YEAH, YOU GUYS, THE WAY YOU GUYS HANDLE YOUR COMMISSION IS ACTUALLY REALLY WELL BECAUSE WE GO TO OTHER MEETINGS ALL OVER THE AREA AND THEY ARE JUST OUT OF CONTROL. AND THEY ARE THEY.
IT JUST IT GETS SCARY SOMETIMES, OR IF IT DOESN'T SEEM LIKE THERE'S ANY ORDER TO IT. SO I HAVE TO GO ALONG WITH WHAT YOU'RE SAYING FIRSTHAND. HAVE HEARD FROM PEOPLE IN THE COMMUNITY. THIS COMMISSION IS RAN REALLY WELL, MOST LIKELY BECAUSE OF WHY SO? AND BECAUSE WE STICK TO RULES, RIGHT? I MEAN, WE HAVE A LONG HISTORY OF DOING THAT. AND AGAIN, THE FORMALITY OF OUR MEETINGS COMES ACROSS SOMETIMES AS YOU'RE NOT LISTENING TO US OR IT'S NOT, YOU KNOW, WHAT WE'RE USED TO IF MAYBE YOU'RE IN THE AUDIENCE, BUT SOME OF THAT PURPOSE IS TO MAKE SURE THAT WE'RE MAINTAINING A RESPECTFUL ATMOSPHERE, A PROFESSIONAL ATMOSPHERE. WE'RE GIVING THE OPPORTUNITY FOR EVERYONE TO FEEL COMFORTABLE AND BEING HEARD. YOU KNOW, IMAGINE IF YOU'RE THE ONLY PERSON IN THE ROOM WHO DISAGREES ON A PARTICULAR ITEM, AND EVERYONE ELSE IS IN FAVOR. IT MIGHT FEEL REALLY INTIMIDATING TO COME UP TO THE PODIUM AND TO SPEAK, AND WE DON'T. WE WANT TO MAKE SURE THAT THAT PERSON FEELS COMFORTABLE, THEY FEEL SAFE. THEY FEEL LIKE THEY HAVE AS MUCH VOICE AS ANYONE ELSE IN THE ROOM. YEAH, TO THAT EFFECT, IT HASN'T BEEN AN ISSUE TO DATE. AND I THINK, YOU KNOW, POST-ELECTION, WE'RE PROBABLY GOING TO SEE THE TONE OF THE CONVERSATION DECREASE A LITTLE BIT AND PUBLIC INTEREST WILL NATURALLY WANE OVER TIME. AGAIN, DO WE HAVE A MECHANISM FOR REQUESTING A PEACE OFFICER AT OUR HEARINGS? IF WE THINK THAT THERE'S GOING TO BE A CONTROVERSIAL ITEM ON THE AGENDA, WE CAN WE HAVE DONE THAT IN THE PAST. IT IS SOMETHING WHERE, YOU KNOW, WE'LL JUST CALL THEM AND HAVE THEM POP OVER AND WE CAN CALL DISPATCH AND REQUEST SOMEONE. YEAH. IF WE DO THINK WE HAVEN'T HAD THE ISSUE WHERE WE JUST KNOW FROM THE VERY BEGINNING IT'S GOING TO BE THAT WAY. AND SO WE HAVE ONE HERE, BUT WE HAVE HAD THE THE NEED FOR ONE TO BE HERE AND SHOW UP IN THE PAST. I WOULD NOTE THAT THE CLOSEST THING I'D SEEN WAS JUST A COUPLE MONTHS AGO, WHERE ONE OF THE PARTICIPANTS WAS STANDING UP AND STARTING TO MAKE ACCUSATIONS AND SWEAR AT OTHER INDIVIDUALS, BUT THAT WAS THE MOST HEATED I'D EVER SEEN IT GET. I NEVER DID SEE IT TURN INTO LIKE, ASSAULT OR ANYTHING LIKE THAT, RIGHT? YEAH. AND YOU GUYS HAVE DONE A REALLY GOOD JOB AT JUST SORT OF QUELLING THAT FROM RIGHT FROM THE BEGINNING. I MEAN, THAT'S WHY WE DON'T ALLOW CLAPPING AND, AND APPLAUSE. AND THAT'S ACTUALLY IF YOU READ IN THE CODE, IT ACTUALLY SPECIFICALLY SAYS THAT WE'RE NOT GOING TO ALLOW THOSE THINGS IN THE MEETING BECAUSE IT DOES HAVE A TENDENCY TO TO GET OUT OF HAND. IF YOU DO GO DOWN THAT SLIPPERY SLOPE. THAT WE AS A DIOCESE, DO YOU WANT TO? WELL, I GUESS SO. WE WE RECONFIGURED THIS ROOM AND ROTATED THE DAIS, AND THAT DOOR GOES INTO A SAFE SPACE. RIGHT. SO I DON'T KNOW IF YOU GUYS HAVE BEEN TRAINED ON THAT OR NOT, BUT THAT IS THE REASON THAT THAT DOOR IS KEPT IS IT'S STAFF ONLY. RIGHT. AND THEN THAT IS YOUR SAFE EXIT. RIGHT. AND THAT DOOR CAN BE LOCKED FROM THE OTHER SIDE. AND, AND THEN YOU HAVE TO BE TO GAIN ACCESS TO THAT ROOM, YOU WOULD HAVE TO BE STAFF AND HAVE A BADGE. RIGHT. SO IN, IN THE NEED TO GET DOWN, CRAWL THROUGH THAT DOOR. RIGHT. OR EVEN IF WE DO HAVE A HEATED DISCUSSION AND YOU GUYS WOULD LIKE TO JUST SORT OF LET THE ROOM DISSIPATE.
AND BEFORE YOU WALK OUT TO YOUR VEHICLES OR WHATEVER ELSE, YOU'RE MORE THAN HAPPY TO HANG OUT IN THERE. AND UNTIL YOU FEEL LIKE YOU'RE FEEL LIKE YOU'RE ABLE TO GO OR WANT TO GO, STAFF WILL DO THE SAME THING. WE'LL GO BACK TO OUR OFFICES AND KIND OF LET THE THE ROOM
[00:40:03]
DISSIPATE. WE HAVE THAT NATURALLY A LITTLE BIT WITH OUR AGENDAS BECAUSE THE HEARING ITEMS ARE FIRST, AND THEN WE HAVE THE BUSINESS ITEMS AT THE END, AND MOST PEOPLE AREN'T GOING TO HANG OUT FOR ALL THOSE BUSINESS ITEMS, RIGHT. BUT IF FOR SOME REASON YOU DON'T FEEL LIKE YOU'D LIKE YOU FEEL COMFORTABLE LEAVING, PLEASE FEEL FREE TO GO IN THERE.SOMETIMES STAFF WILL LEAVE TOGETHER. WE'VE HAD THAT BEFORE ACTUALLY, WHERE WE'VE LEFT TOGETHER. I'VE HAD MEETINGS THAT WE KNEW WOULD BE CONTENTIOUS, AND I PARKED ON THE OTHER SIDE OF THE BUILDING SO I COULD GO OUT THAT DIRECTION RATHER THAN THAT DIRECTION. ALL OF THOSE THINGS ARE APPROPRIATE ACCORDING TO HOW YOU FEEL AND WHAT YOU'RE COMFORTABLE LEVEL, SO FEEL FREE TO DO THAT. AS PART OF THIS, WE HAVE SOME VIDEO PRESENTATIONS.
AGAIN, WE'RE NOT GOING TO LISTEN TO THE WHOLE THING. IT'S 30 MINUTES LONG. WE'RE NOT GOING TO DO THAT TO YOU. I'VE GOT JUST A FEW BLIPS HERE AND THERE AND THAT WE CAN LISTEN TO AND TALK ABOUT. COMMISSIONER SCOTT, I'M JUST SORT OF SPITBALLING A LITTLE BIT, BUT YOU TALK ABOUT ON THE SHEET YOU GAVE US ABOUT PROMOTING THE PUBLIC INTEREST IN AN UNDERSTANDING OF THE PLANNING AND ZONING COMMISSION. RIGHT. SO I'M CURIOUS WHAT SORT OF FORMAT WE MIGHT SEE HOW HOW WE MIGHT DO THAT. BECAUSE I, WE DON'T WALK AROUND TALKING ABOUT, YOU KNOW, OUR BUSINESSES. RIGHT? SO AND REALLY, YOU SHOULDN'T BE WALKING IN. WE'LL GET INTO THAT A LITTLE BIT LATER HERE TOO. YOU SHOULD REALLY BE TALKING ABOUT SORT OF AGENDA ITEMS. RIGHT. BUT THE PLANNING COMMISSION, COMMISSION MEMBERS, YOU'RE MORE THAN FREE TO TALK TO THE PUBLIC ABOUT LONG RANGE PLANNING ISSUES. RIGHT. MEETINGS THAT ARE OCCURRING EITHER WITH THE CITY OR THE MPO OR ITD, IF THEY'RE DOING SOME TRANSPORTATION DISCUSSIONS, YOU CAN PROMOTE THOSE WITH YOUR NEIGHBORHOOD THROUGH YOUR SOCIAL MEDIA ACCOUNTS. IF THAT'S SOMETHING YOU WANT TO DO. ANYTHING LIKE THAT WOULD BE OPEN FOR CONVERSATION AND DISCUSSION. ALSO, IF THERE'S SOMETHING YOU THINK THAT AS STAFF, WE COULD DO TO MAYBE MAKE OUR STAFF REPORTS BETTER OR MORE OPEN TO THE PUBLIC, WE'D LOVE TO HAVE THAT FEEDBACK OR THE CITY WEBSITE. IF YOU'D LIKE TO HOLD A TRAINING FOR A GROUP THAT YOU'RE AWARE OF, WE'RE HAPPY TO DO THAT AS WELL. ALL OF THOSE ARE MAYBE MECHANISMS THAT YOU COULD BE OUT LAND USE PLANNING IN THE COMMUNITY. JUST ONE CAVEAT TO THAT. I THINK YOU DO HAVE TO BE CAREFUL ABOUT GOING BEYOND THE SCOPE OF YOUR AGENDA, AS STATE LAW REQUIRES THAT YOU HAVE AN AGENDA AND THAT YOU SHOULD NOT GO BEYOND THAT AGENDA UNLESS THERE'S A MOTION MADE AT THE BEGINNING OF THE MEETING TO EXPAND THAT. SO EVEN THOUGH YOU MAY HAVE DESIRES TO TO PROMOTE OR HAVE DISCUSSIONS, YOU HAVE TO BE CAREFUL TO MAKE SURE IT'S ONLY ONE RIGHT. AND YOU DO WANT TO BE CAREFUL TO, I MEAN, RIGHT, AS AN INDIVIDUAL OUT IN THE COMMUNITY, YOU ARE NOT SPEAKING FOR THE COMMISSION OR SPEAKING FOR THE CITY, RIGHT? SO THAT MIGHT BE IMPORTANT FOR YOU TO MAKE CLEAR AS WELL. RIGHT? YOU ARE AN INDIVIDUAL THAT THE COMMISSION MAKES DECISIONS AS A GROUP AND AS A CORN RIGHT, IN ORDER TO MAKE A DECISION. SO WE DO DEFINITELY WANT TO BE CAREFUL ABOUT THAT. BUT YEAH. AND IF YOU HAVE QUESTIONS I THINK THAT'S THE OTHER TAKEAWAY HERE. YOU HAVE SUPPORT. YOU HAVE STAFF SUPPORT. WE HAVE LEGAL COUNSEL. IF YOU'VE GOT QUESTIONS AS A COMMISSION MEMBER, WHAT CAN I DO OR CAN I DO SO AND SO TALKED TO ME AT THE GROCERY STORE. THEY'D LIKE US TO COME DO A PRESENTATION ABOUT THIS. IS THAT OKAY? IS THAT NOT OKAY? YOU ALWAYS WANT TO BE CAUTIOUS ABOUT ITEMS THAT ARE ON YOUR AGENDA, BECAUSE IF IT'S ON YOUR AGENDA, WE CANNOT HAVE EX PARTE COMMUNICATION COMMUNICATION OUTSIDE OF THE HEARING. SO WE DO WANT TO BE CAUTIOUS ABOUT THAT. BUT IF IT'S A GENERAL PLANNING THING, YOU KNOW, WATER USE IN THE CITY OR TRANSPORTATION ISSUES AND IT'S NOT ON YOUR AGENDA, WE'RE OKAY TO TALK ABOUT THOSE THINGS AND HAVE SOME INPUT. BUT WE DO WANT TO BE CAREFUL. WHAT IF IT'S LIKE THINGS WE ALREADY TALKED ABOUT THAT WE'RE ON OUR AGENDA HAVE BEEN APPROVED BY NOT ONLY PLANNING AND ZONING, BUT ALSO THE CITY COUNCIL HAS DONE SO.
THAT'S COOL TOO. THAT'S COOL TOO. AS LONG AS IT'S DONE AND WE'RE BEYOND THE APPEAL PERIOD.
YEAH. ANYTHING THAT'S WITHIN AN AREA WHERE IT COULD BE APPEALED EITHER TO THE CITY COUNCIL, BECAUSE EVEN IF IT GETS APPEAL TO THE CITY COUNCIL, IN THE PAST, WE HAVE HAD THE CITY COUNCIL REPRIMAND THAT BACK TO THE COMMISSION. AND SO WE WANT TO BE CAREFUL ABOUT HAVING DIALOG OUTSIDE OF THOSE HEARINGS. SO AGAIN, CALL STAFF. WHERE'S THIS AT IN THE PROCESS? IS IT OKAY FOR ME TO TALK ABOUT OR IS IT NOT? GENERALLY SPEAKING THOUGH, IF A SHOVEL IS GOING IN THE GROUND AND THE BUILDING'S GOING VERTICAL, YOU GUYS ARE OUT OF THE WAY. YOU'RE
[00:45:05]
YOU'RE YOU'RE PAST WE'RE PAST WHAT YOU'RE DOING. SO OKAY, SO I HAVE A QUICK SEGMENT HERE JUST ON PUBLIC TESTIMONY. LET ME JUST CUE IT UP, SEE HOW FAST WE'RE GETTING THROUGH THIS MEETING. IT'S TWO BARS I THINK. BUT YOU WISH YOU COULD DO THAT SOMETIMES WITH PUBLIC WITH THESE. OKAY, OKAY. MAKING A COMMENT. AND IN TERMS OF TAKING TESTIMONY AND HOW MUCH TESTIMONY AND CUTTING OFF TESTIMONY, IS THERE A LEGAL ANSWER TO THE QUESTION OF HOW MUCH TESTIMONY IS ENOUGH? HOW MUCH IS TOO MUCH? WHEN CAN YOU CUT PEOPLE OFF? SHOULD YOU CUT PEOPLE OFF? GENERALLY, ON THE SIDE OF PROVIDING MORE TESTIMONY? IT'S PAINFUL. IT CAN MAKE FOR SOME LONG NIGHTS YOU'RE GOING TO SEE YOUR FAMILY LESS, BUT THAT'S YOUR JOB. THE CITY COUNCIL HAS THE ABILITY TO CURTAIL PUBLIC COMMENT LARGELY OUT OF NECESSITY. THEY'RE GOVERNING THE ENTIRE MUNICIPALITY. THE PLANNING COMMISSION'S PURPOSE IS DIFFERENT. THEY'RE THERE TO TAKE TESTIMONY. THEY'RE THERE TO LISTEN TO A WIDE RANGE OF CLAIMS, SOME MORE RELEVANT THAN OTHERS, SOME CLEARLY IRRELEVANT. THEY DON'T HAVE TO LISTEN TO THOSE. BUT IF THERE'S A DEGREE OF RELEVANCY IN WHAT IS BEING PRESENTED, THE PLANNING COMMISSION IS OBLIGATED TO LISTEN. AND THAT THAT SERVES THE PURPOSE OF MAKING SURE THEY'RE DOING A THOROUGH JOB, EVALUATING EACH PROPOSAL AND GIVING IT THE TIME THAT IT DESERVES. AND IT ALSO PROTECTS THE COMMUNITY, THE CITY, FROM LAWSUITS IN THE FUTURE THAT SOMEONE'S DUE PROCESS RIGHTS WERE CUT OFF. FOLKS HAVE A RIGHT TO BE HEARD. THAT'S WHY WE HAVE PUBLIC NOTICE REQUIREMENTS. THAT'S WHY WE HAVE OPEN MEETINGS. AND THAT'S KIND OF THE BEDROCK PRINCIPLE OF DEMOCRATIC GOVERNMENT. DEMOCRATIC GOVERNMENT. OKAY. SO PRETTY STRAIGHTFORWARD. PRETTY BASIC. BUT AGAIN, YOU GUYS ARE DOING THE HEAVY LIFTING WHEN IT COMES TO PUBLIC HEARING AND PUBLIC COMMENT. AND THAT'S ALWAYS BEEN THE CASE. AND STAFF IS APPRECIATIVE. CITY COUNCIL IS APPRECIATIVE. THE IDEA IS HERE. YOU GUYS WILL HAVE LONGER MEETINGS SO CITY COUNCIL CAN HAVE SHORTER MEETINGS. SOMETIMES THAT WORKS AND SOMETIMES IT DOESN'T. RIGHT? IT CAN GO BOTH WAYS, BUT I DO. I SHOULD SAY THIS TRAINING COMES FROM THE AMERICAN PLANNING ASSOCIATION, WHICH IS A NATIONAL GROUP OF FOR PROFESSIONAL PLANNERS. THEY GENTLEMEN HERE ARE LAND USE ATTORNEYS. AND SO SOME OF WHAT THEY'RE SAYING IS THEY'RE SPEAKING VERY GENERAL TERMS FOR A NATIONAL AUDIENCE. AND OBVIOUSLY YOUR LOCAL STATE LAWS AND LOCAL LOCAL LAWS CHANGE AND HAVE DIFFERENT EFFECT. BUT IN GENERAL, I THINK WHAT THEY'RE SAYING IS CORRECT. OUR JOB IS HERE IS TO LISTEN. A LOT OF TIMES WHAT GETS SAID MIGHT NOT HAVE ANY BEARING ON THE APPLICATION IN FRONT OF US.RIGHT. BUT IT'S AN OPPORTUNITY FOR PEOPLE TO BE HEARD AND LISTEN TO, AND IT DOESN'T MEAN THAT IT REALLY RELATES INTO YOUR DECISION MAKING, EVEN. RIGHT? I MEAN, IF IT'S A TOPIC THAT'S COMPLETELY UNRELATED TO THE TASK AT HAND, WE JUST DON'T TAKE THAT INTO CONSIDERATION FOR THE FOR THE FINAL OUTCOME. BUT WE ARE GRATEFUL THEY CAME AND GRATEFULLY PARTICIPATED IN IT. RIGHT. AND WE WANT TO MAKE SURE THAT THAT'S THE ATMOSPHERE THAT WE'RE PROVIDING. SO ANY OTHER COMMENTS THERE? YEAH. CAN YOU HEAR ME. YES, YES FOR SURE. I THINK IT'S A SUBSCRIPTION THAT WE PAY FOR. SO I THINK I CAN SHARE THE LINK. BUT WHETHER IT'LL GIVE YOU AN ISSUE LOGGING IN OR NOT, I'LL HAVE TO. WE'LL HAVE TO TRY IT AND SEE, BUT WE'LL GIVE IT A GO FOR SURE.
OKAY. SO HEARING TYPES WE HAVE A COUPLE DIFFERENT HEARING TYPES. WE HAVE LEGISLATIVE HEARINGS AND QUASI JUDICIAL HEARINGS. AND WE HAVE DIFFERENT RULES FOR THOSE DIFFERENT TYPES.
AND YOU SAW THAT IN THE MATERIAL THAT THAT WAS GIVEN. AND WE'RE GOING TO I'LL SHOW YOU THE DIFFERENT APPLICATION TYPES AND HOW THEY FIT IN WITH YOUR HEARINGS, YOUR LEGISLATIVE HEARINGS. IF YOU THINK OF THAT IN VERY GENERAL TERMS, IT'S GOING TO BE A GENERAL GUIDE OR DIRECTING DIRECTS THE PUBLIC. SO WE'RE KIND OF TALKING 30,000 FOOT BIG IDEAS, RIGHT. POLICY DECISIONS, CREATION OF ZONING LAWS, SUBDIVISION REGULATIONS, IDEAS THAT WILL APPLY TO A LOT OF PEOPLE, THE WHOLE CITY AS A WHOLE, AND ENACTING RULES AND REGULATIONS, SOMETHING THAT'S MAYBE OPEN ENDED OR HAS A BROAD SCOPE. SO LIKE THE COMPREHENSIVE PLAN, RIGHT? I MEAN, THAT'S WRITTEN IN VERY BROAD TERMS, COULD BE INTERPRETED, INTERPRETED. OH GOSH, I CAN'T SAY THAT WORD TWICE. INTERPRETED MANY DIFFERENT WAYS SOMETIMES BECAUSE IT'S SO BROAD. AND THEN IT'S A GENERAL RULE OR POLICY. THOSE ARE LEGISLATIVE THINGS, LEGISLATIVE THINGS YOU HAVE THE MOST ABILITY TO, YOU KNOW, TALK OPENLY, TALK WITH OTHER PEOPLE, SHARE IDEAS, THROW THINGS OUT THERE, HAVE A REALLY WIDE CONVERSATION ABOUT IT AS WE
[00:50:03]
NARROW THINGS. THE ABILITY TO HAVE THOSE BROAD CONVERSATIONS ALSO NARROWS AND DIMINISHES. SO THEN WE HAVE QUASI JUDICIAL. I DIDN'T GET THE QUASI JUDICIAL HEARINGS. MOST OF WHAT YOU DO IS A QUASI JUDICIAL HEARING. THAT'S GOING TO BE THE BULK OF OF YOUR HEARINGS. AND IN THOSE INSTANCES, WE'RE APPLYING THE RULES AND REGULATIONS. WE'RE NOT MAKING THEM UP. WE'RE ACTUALLY TAKING WHAT'S BEEN DETERMINED, LIKE THE ZONING CODE OR THE SUBDIVISION ORDINANCE, AND WE'RE APPLYING IT TO THE APPLICATION IN FRONT OF YOU. SO AGAIN, BECAUSE WE'RE NOW APPLYING THE RULE, OUR SCOPE HAS NARROWED TO THAT RULE. RIGHT? IT'S NOT THESE BIG IDEAS REGARDING GROWTH AND AND LAND USE. IT'S NARROWED TO WHAT IS THE WIDTH OF THE OF A RESIDENTIAL ROAD. RIGHT. WHAT IS THAT A REQUIREMENT FOR THAT SPECIFIC STREET? THE QUASI JUDICIAL IS GOING TO APPLY TO A SPECIFIC GROUP OR AN INDIVIDUAL OR SPECIFICALLY TO LAND. SO IT'S A SPECIFIC BOUNDARY OR A PARCEL. SO EVERY APPLICATION THAT IS IN FRONT OF YOU HAS A SPECIFIC PARCEL ASSOCIATED WITH IT. GENERALLY, UNLESS WE'RE DOING LIKE A CODE AMENDMENT, THEN WE'RE BACK UP TO THE LEGISLATIVE ITEMS. AND WITH A QUASI JUDICIAL YOU AS A COMMISSION MEMBER ARE ACTING AS A JUDGE. SO AGAIN, YOUR POSITION OR WHAT YOU'RE DOING NARROWS AND FOCUSES. YOU'RE REALLY LOOKING AT THE RULE AND THE LAW AND ACTING AS A JUDGE TO MAKE THOSE DECISIONS AND DETERMINATIONS. THE DECISIONS ARE BASED ON FACT AND NOT ON UNKNOWN INFLUENCE. SO HERE'S THE DIFFERENT TYPES OF LEGISLATIVE HEARINGS THAT WE HAVE VERSUS QUASI JUDICIAL ACTION AGAINST IT. AGAIN, QUASI JUDICIAL. SORRY TO THE ATTORNEYS IN THE ROOM. SO WITH A LEGISLATIVE HEARING, THOSE ARE GOING TO BE THINGS LIKE ANNEXATION TONIGHT. NOW YOU MIGHT THINK, WAIT A MINUTE THOUGH, AN ANNEXATION HAS A SPECIFIC BOUNDARY, RIGHT? IT HAS A SPECIFIC PARCEL. SO WOULDN'T THAT BE QUASI JUDICIAL.BUT WHEN YOU THINK ABOUT THE ANNEXATION, REALLY YOU'RE MAKING A DECISION. SHOULD THIS BE IN THE CITY OR NOT? YOU'RE MAKING A JURISDICTIONAL DECISION AND THEN YOU'RE ALSO APPLYING A ZONE. BUT THAT ZONE HAS MANY DIFFERENT USES THAT ARE ALLOWED MANY DIFFERENT PARAMETERS TO IT. SO IT REALLY FALLS MORE INTO THAT LEGISLATIVE REALM. AND I CAN MAKE ONE COMMENT HERE. IT'S VERY, VERY IMPORTANT YOU UNDERSTAND THE DISTINCTION BETWEEN THESE TWO. AND THE REASON FOR THAT IS IF YOU'RE DEALING WITH A QUASI JUDICIAL HEARING, YOU'RE CONSTRAINED TO DISCUSS THOSE TYPE OF MATTERS ONLY HERE IN THE HEARING.
THAT'S NOT TRUE WITH RESPECT TO LEGISLATIVE OR POLICY MATTERS. AND THE REASON THAT'S IMPORTANT IS BECAUSE SOMETIMES WE GET THE NOTION, THE FALSE NOTION THAT WE CAN'T TALK ABOUT ANYTHING OUTSIDE THE THIS HEARING PROCEDURE. SO YOU NEED TO GET A GOOD GRASP OF THE DIFFERENCE BETWEEN QUASI JUDICIAL AND LEGISLATIVE, BECAUSE IF IT'S A LEGISLATIVE MATTER, YOU BECOME, IN ESSENCE, THE EYES AND EARS OF THE COUNCIL. YOU CONSIDER, YOU MAKE ON ANNEXATIONS, YOU MAKE RECOMMENDATIONS AND COMPREHENSIVE, AND IT'S FAIR GAME, IMPORTANT THAT YOU DISCUSS WITH THE COMMUNITY THOSE POLICYMAKING MATTERS. AND SO YOU HAVE TO BE VERY KNOWLEDGEABLE ABOUT THAT DIFFERENCE. AND THIS IS A GOOD SUMMARY OF THOSE DIFFERENCES. IF IT'S A POLICY THEN SURE, YOU CAN TALK TO THE COMMUNITY MEMBERS ANY TIME, AS LONG AS YOU DON'T DO IT COLLECTIVELY AS A COMMISSION, BECAUSE THEN YOU GET INVOLVED IN THE PUBLIC AND THE OPEN MEETING, RIGHT? BUT AGAIN, DON'T BE AFRAID TO TALK TO YOUR COMMUNITY IF IT'S A MATTER OF POLICY. AND THAT WAY WHEN YOU MAKE RECOMMENDATIONS ON A POLICY MATTER, YOU YOU HAVE THE INPUT FROM THE COMMUNITY ON POLICY MATTERS.
YOU KNOW, THAT'S VERY GOOD. SO CODE IN ITS COMPREHENSIVE PLAN, THOSE ARE ALL LEGISLATIVE ITEMS BECAUSE YOU'RE COMING UP WITH THE RULES, RIGHT. YOU'RE STILL IN THAT SORT OF BIG PICTURE MODE. IT'S THINGS THAT ARE GOING TO APPLY TO THE WHOLE CITY AS A GROUP. AND COMMISSIONER SHORES, CORRECT. YOU CAN HAVE A LOT OF DIALOG. YOU CAN TALK TO PEOPLE OUTSIDE OF THE HEARING ABOUT THOSE ITEMS. YOU CAN TALK TO YOUR NEIGHBOR. YOU CAN TALK TO THE PERSON AT THE GROCERY STORE. THOSE ARE ALL FINE. THE PERSON AT WORK. WHEN YOU GET TO THE QUASI JUDICIAL HEARINGS, THE DISCOVERY ABOUT WHAT'S PART OF THE RECORD AND YOUR DECISION MAKING, WHAT YOU'RE MAKING YOUR DECISION ON IS IN THE HEARING, NOT OUTSIDE OF THE HEARING. SO WE HAVE TO BE VERY CAREFUL WITH THOSE QUASI JUDICIAL. SO THEN WE'RE GETTING TO A PRELIMINARY
[00:55:01]
PLAT, A REZONE AND A PLANNED UNIT DEVELOPMENT. AND IF YOU THINK ABOUT THOSE, I MEAN, IF WE GO BACK TO THIS PLANNING UNIT DEVELOPMENT OR REZONE AND A PRELIMINARY PLAT, WE'RE APPLYING THE RULE, RIGHT? WE'RE WE'RE DEALING WITH A VERY SPECIFIC GROUP, A SPECIFIC ZONE, A SPECIFIC PIECE OF LAND, AND YOU'RE ACTING AS THE JUDGE. AND SO THOSE ARE THE KEYS TO KIND OF DISCERNING WHERE YOU'RE AT. IF IT WOULD BE HELPFUL, WE COULD IN THE STAFF REPORT INCLUDE ON THE SIDE WHETHER IT IS A LEGISLATIVE MATTER OR A QUASI JUDICIAL IF THAT WOULD BE HELPFUL TO THE COMMISSION. JUST SORT OF GETTING USED TO IT, THAT WOULD BE SOMETHING WE'D BE HAPPY TO MAYBE DO, BECAUSE YOU ARE WEARING MULTIPLE HATS AND YOU HAVE TO KNOW WHICH HAT TO PUT ON AT WHICH TIME. THAT'S REALLY IMPORTANT. BUT AGAIN, YOU HAVE STAFF AND YOU HAVE LEGAL COUNSEL TO HELP YOU THROUGH THAT. IT'S NOT SOMETHING YOU'RE DOING ON YOUR OWN. JUST ONE OTHER COMMENT. ONE OTHER COMMENT. I THINK THE THING THAT BECOMES VERY, VERY CONFUSING IS THE DIFFERENCE BETWEEN A REZONE AND A ZONING FOR THE FIRST TIME, RIGHT? IF YOUR ZONING FOR THE FIRST TIME, THAT'S POLICY AND YOU'RE YOU'RE FULLY ENTITLED TO DISCUSS THAT OUTSIDE THE HEARING, RIGHT? BUT WHEN YOU GET TO A REZONE, IT'S NOW QUASI JUDICIAL. YEAH. AND THAT CANNOT AND SHOULD NOT BE DISCUSSED OUTSIDE THE CONTEXT OF THE HEARING. AND THE PUBLIC DOESN'T UNDERSTAND SOME OF THESE FINER POINTS AS WELL. AND SO THEY GET CONFUSED. WAIT A MINUTE, I COULD TALK TO YOU ABOUT THIS OTHER ONE, BUT NOW I CAN'T TALK TO YOU ABOUT THIS.RIGHT. SO YES. THANK YOU. I WAS JUST GOING TO ASK FOR CLARIFICATION ON THAT BECAUSE I WAS THINKING THIS WAS A ANNEXATION AND INITIAL ZONING. SO I WAS GOING TO ASK ABOUT THE DIFFERENCE BETWEEN THAT AND A REZONE. SO THANK YOU FOR CLARIFYING THAT. YEAH. THE INITIAL ZONING FOR THE VERY FIRST TIME, WE'RE PUTTING THAT ZONING DESIGNATION ON THE PROPERTY SO IT BECOMES LEGISLATIVE. IT'S A POLICY DECISION. BUT YEAH, TO THE COMMON PERSON WHO DOESN'T DEAL WITH LAND USE A LOT OR DOESN'T DEAL WITH LEGAL ISSUES, THAT COULD BE CONFUSING, RIGHT? SO BUT AGAIN, IF YOU EVER HAVE QUESTIONS, CALL THE OFFICE, CALL THE THE LEGAL TEAM AS WELL. AND WE CAN ANSWER THOSE FOR YOU. SO THEN WHEN WE GET INTO HEARING DIFFERENT HEARINGS, WE'VE TALKED ABOUT EX PARTE COMMUNICATION, WHICH I THINK IS FRENCH. IS THAT CORRECT? IT'S ALWAYS FRENCH. EX PARTE MEANS YOU'RE HAVING A CONVERSATION OUTSIDE OF THE HEARING ITSELF. RIGHT. SO YOU'RE TALKING WITH SOMEONE OR AND A LOT OF TIMES DEVELOPERS, THEY'LL ASK US ACTUALLY WHEN THEY COME TO THE CITY, WHO'S ON YOUR PLANNING COMMISSION? CAN I GET A LIST OF NAMES AND CONTACT? WE NEVER GIVE OUT YOUR CONTACT INFORMATION BECAUSE THEY SHOULDN'T BE COMING AND TALKING TO YOU ON QUASI-JUDICIAL ITEMS, LEGISLATIVE HEARINGS. THAT'S THAT'S FINE. BUT WHEN IT COMES TO QUASI JUDICIAL, THERE IS NO EX PARTE COMMUNICATION. AGAIN, EVERYTHING NEEDS TO BE DISCOVERED INSIDE THE HEARING ITSELF. THAT'S ONE OF THE REASONS THE ADVICE FROM THE LEGAL DEPARTMENT IS THAT YOU DON'T GO VISIT PROPERTIES THAT ARE ON YOUR AGENDA. RIGHT. AND SOME COMMISSION MEMBERS HAVE ASKED ME OVER THE YEARS, WELL, WHY CAN'T I GO, YOU KNOW, TOUR THE CITY AND GO LOOK AT THIS PIECE OF GROUND? I'D MAKE BETTER DECISIONS IF I HAD BEEN THERE. RIGHT. BUT AGAIN, THE DISCOVERY OF WHAT'S ON THE RECORD NEEDS TO HAPPEN IN THE MEETING. AND SO THAT'S WHY WE'RE SENDING YOU AERIALS. WE'RE TRYING TO SEND YOU THAT TYPE OF INFORMATION SO THAT THAT'S ALL PART OF THAT DISCOVERY. THE HEARINGS, BECAUSE YOU'RE INFLUENCING PEOPLE'S RIGHTS. IT'S MORE STRICTLY CONTROLLED. YEAH. AND I JUST WANTED TO ADD ON TO THAT.
LIKE THE REASON FOR THAT IS JUST SO YOU'RE NOT GETTING LIKE ANY OUTSIDE INFLUENCES THAT MIGHT SWAY HOW YOU WOULD DECIDE THINGS IN THE HEARING AND HOW YOU MIGHT TRY AND PERSUADE OTHER OPINIONS WITHIN THE HEARING. THAT COULD BE A VERY, VERY APPEALABLE ISSUE. IF IT WAS DISCOVERED DOWN THE ROAD, IT COULD BASICALLY NIX A DECISION THAT WAS MADE AND START EVERYTHING OVER AGAIN. SO IT'S VERY IMPORTANT TO WHEN IT IS QUASI JUDICIAL, QUASI. I'M HAVING THE SAME PROBLEM, QUASI JUDICIAL IN NATURE. IT'S IMPORTANT TO REALLY JUST NOT EVEN TALK ABOUT IT WITH ANYBODY. JUST WAIT TILL YOU'RE IN THE HEARING AND HEAR, HEAR IT FOR THE FIRST TIME IN THAT MEETING. CAN I ASK A QUESTION? AND YOU MIGHT GET TO THIS TOO, BUT WITH THE QUASI JUDICIAL HEARINGS, FROM WHAT I UNDERSTAND IS, YOU KNOW, SOME STUFF IS VERY LIKE, WELL, DOES THIS FOLLOW CODE OR NOT? YES OR NO. BUT THERE'S OTHER THINGS WHERE SOMETIMES IT'S LIKE, WELL, MAYBE WE CAN GIVE RECOMMENDATIONS. I NEVER KNOW WHEN IT'S APPROPRIATE TO GIVE RECOMMENDATIONS. AND FROM WHAT I'VE OBSERVED, PUDS ACTUALLY END UP BEING ONES WHERE I FEEL LIKE WE ARE ABLE TO GIVE MORE RECOMMENDATIONS OR HAVE MORE OF A SAY. NOW, I'M
[01:00:06]
NOT SAYING, YEAH, LET'S CHANGE THE WHOLE THING. WHAT I'VE NOTICED IS THERE'S SOME EVEN WITHIN QUASI JUDICIAL, THERE IS SOME LEEWAY A LITTLE BIT ON WHAT WE CAN CONSIDER OR NOT CONSIDER BASED OFF OF PUBLIC COMMENT. AND I JUST NEVER KNOW WHERE WE'RE AT WITH THAT. AND PUDS HAVE BEEN ONE OF THE MORE LOOSE ONES I'VE SEEN. RIGHT. AND WE'LL GET THROUGH. I DO HAVE A THING, A DISCUSSION ON SORT OF MOTIONS AND APPLYING CONDITIONS ON MOTIONS, AND IT IS A LITTLE IT'S SOMEWHAT OF A MOVING TARGET BECAUSE IT DEPENDS ON THE APPLICATION TYPE, NOT EVEN NECESSARILY AS A QUASI JUDICIAL LEGISLATIVE. I MEAN, LEGISLATIVE, THERE'S A LOT OF ROOM TO TALK AND HAVE INPUT AND IDEAS WHEN WE GET DOWN TO THE QUASI JUDICIAL AGAIN, YOU'RE APPLYING THE RULES AND REGULATIONS. AND SO IF THE CONDITIONS ARE, WHAT YOU'RE WANTING THEM TO DO, ARE RELATED TO THE RULES, THEN YES, THAT'S TRULY APPROPRIATE. AND SO LIKE PUD IS A GOOD EXAMPLE, BUT A PUD IS ITS OWN SORT OF INTERESTING ANIMAL. IT HAS ITS OWN RULES, AND IT'S SPECIFICALLY SET UP TO HAVE ADDITIONAL FLEXIBILITY, AND THAT THE DEVELOPER GETS THE FLEXIBILITY IN THEIR WHAT'S ALLOWED IN EXCHANGE FOR SOME OTHER THINGS. AND SO JUST BY THE NATURE OF IT, THERE'S A DIALOG THERE OF, WELL, OKAY, WE'LL GIVE YOU A REDUCED SETBACK, BUT WE WANT MORE GREEN SPACE OR WE WANT A DOG PARK OR ANOTHER AMENITY, OR WE'D LIKE YOU TO ORIENT THE BUILDINGS THIS DIRECTION. LET ME CLARIFY.A PUD IS STILL A QUITE A JUDICIAL MATTER AND SO SHOULDN'T BE DISCUSSING PUDS OUTSIDE THE HEARING. NO, BUT AS FAR AS AS FAR AS HAVING A SUGGESTION OR A CONDITION THAT YOU'D LIKE TO SAY, YOU KNOW, WE WANT A FENCE ON THE NORTH PROPERTY LINE. YEAH, YOU COULD DO THAT WITH A PED, RIGHT? I'M NOT TALKING ABOUT TALKING ABOUT THOSE THINGS OUTSIDE OF THE MEETING. I'M JUST SAYING, LET'S SAY A PUBLIC COMMENT IS RECEIVED. I GET NEW LIGHT ON SOMETHING. IT'S LIKE, WELL, I DIDN'T CONSIDER THAT WITH THE PUD. CAN WE X, Y AND Z, YOU KNOW, IF YOU'RE AMENDING A PUD ORDINANCE, THEN YOU'RE BACK TO POLICY AND YOU CAN'T DISCUSS THAT BECAUSE IT BECOMES LEGISLATIVE. BUT YOU HAVE TO BE TALKING ABOUT AMENDING OF THE ORDINANCE ITSELF, WHICH MAKES IT, AGAIN, A POLICY DECISION WHICH CAN BE DISCUSSED OUTSIDE YOUR YOUR. BUT WE HAVE HAD, YOU KNOW, LIKE LET'S SAY IT IS PUD YOU HAVE THE ADJACENT PROPERTY OWNER HERE IN THE MEETING TELLING YOU THEY'VE GOT HORSES OR COWS OR GOATS. RIGHT. WE'VE HAD THAT DISCUSSION BEFORE AND THEY'D LIKE TO SEE A FENCE CONSTRUCTED ALONG THEIR PROPERTY LINE BECAUSE THEY'RE AFRAID THEIR ANIMALS ARE GOING TO GET DISTURBED BY THE PUD RIGHT THERE. YOU DO HAVE A LITTLE YOU HAVE SOME LATITUDE TO SAY, WELL, WE REALLY DO THINK A FENCE MAKES SENSE HERE. THAT'S A LAND USE RELATED DECISION. YOU CAN MAKE A NEXUS BETWEEN THE REQUESTED LAND USE APPLICATION AND THE POTENTIAL EFFECT ON ADJACENT PROPERTY OWNERS. SO YOU COULD SAY, YOU KNOW WHAT WE DO? WE THINK A FENCE IS APPROPRIATE HERE. WE'D LIKE TO REQUIRE A FENCE ALONG THAT PROPERTY LINE. THAT COULD BE PART OF YOUR MOTION THAT YOU DO THAT, THAT WOULD BE APPROPRIATE WHEN IT COMES TO A SUBDIVISION PLAT THAT MIGHT NOT BE APPROPRIATE. YOU'RE APPLYING SUBDIVISION RULES ON HOW YOU'RE LAYING OUT LOTS. WE'RE NOT DEALING WITH CONSTRUCTION AND LAND USES. WE'RE DEALING WITH LOT LAYOUT. SO THEN AGAIN, YOU'RE MORE NARROW IN YOUR FOCUS. AND SO THE ABILITY TO HAVE CONDITIONS PLACED OR SOMETHING LIKE THAT ARE ARE SOMEWHAT LIMITED. RIGHT? OKAY. WE'LL TRY TO ADVISE YOU AS WE MOVE THROUGH THAT. YEAH. YEAH I JUST HAVE A LITTLE BIT OF AN ISSUE WITH THE IDEA OF NOT VISITING PROPERTY. I MEAN, I MIGHT DRIVE BY IT EVERY DAY FOR YEARS. AND I KNOW THAT, OKAY, WELL, IN THE SPRING THAT FLOODS OR WHATEVER, IF YOU CLOSE YOUR EYES WHEN YOU DROVE BY, GET CLOSE. SO. SO WHAT I WOULD DON'T LISTEN TO THAT. THAT MIGHT BE ANOTHER CRIMINAL MATTER IN AND OF ITSELF. WE ALL LIVE HERE. WE'RE GLAD YOU LIVE HERE. AND YOU'RE FAMILIAR WITH PROPERTY. WHAT I WOULD SAY IS, ONCE YOU GET YOUR PACKET IN THE MAIL AND BEFORE YOU COME TO THE MEETING THAT NIGHT, DON'T MAKE A TRIP OUT. DON'T MAKE A TRIP TO THE PROPERTY SPECIFICALLY TO THE PROPERTY. RIGHT. DON'T GO. DON'T GO TO THE PROPERTY WITH THE STAFF REPORT IN MIND AND WHAT THE DEVELOPER IS TRYING TO ORIENT THE PHOTO, RIGHT? RIGHT. THAT WOULD BE THE COUNCIL AND THE ADVICE. OBVIOUSLY, SOME PARTS OF TOWN, IF IT'S IN YOUR NEIGHBORHOOD OR YOU DRIVE BY IT ON YOUR WAY TO WORK EVERY DAY, YOU'RE GOING TO BE VERY FAMILIAR WITH THAT PIECE OF GROUND, RIGHT? SO DON'T WORRY ABOUT THAT. BUT DO BE CAUTIOUS. ONCE YOU HAVE YOUR PACKET, YOU KNOW IT'S ON THE AGENDA. YOU KNOW, THAT'S WHEN THINGS NEED TO BE A LITTLE BIT BUTTONED UP.
[01:05:05]
THANK YOU. YEAH. HEY, REAL QUICK HERE'S COMMENT ON EX PARTE COMMUNICATION. THAT'S GOT TO BE IMPORTANT BECAUSE I THINK IT'S LATIN. THIS IDEA OF EX PARTE COMMUNICATION OR TALKING TO PEOPLE OUTSIDE OF THE MEETING. WHY IS THAT AN ISSUE AND WHAT SHOULD BE AVOIDED THERE? THE WHOLE PURPOSE OF THE PLANNING COMMISSION AND THE PUBLIC MEETING PROCESS IS TO HAVE THESE DELIBERATIONS IN THE PUBLIC. THERE'S NOTHING TO HIDE HERE. EVERYTHING'S UP FRONT.THE DECISION, THE RECOMMENDATION OF THE PLANNING COMMISSION MAKES IS BASED ONLY ON TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING. SO THERE'S NO HIDE THE BALL.
EVERYTHING THAT YOU NEED TO SEE IS IS IN FRONT OF YOU. EX PARTE COMMUNICATIONS ARE WHEN A AN APPLICANT OR AN INTERESTED PARTY LOBBIES A PLANNING COMMISSIONER OR CITY COUNCILMAN BEHIND THE SCENES. SO THEY INVITE YOU OUT FOR DINNER. THEY SHOW UP AT YOUR DOOR AND SAY, HEY, I BOUGHT YOU A CUP OF COFFEE. LET'S LET'S SIT DOWN AND TALK. NOW, THIS IS GOING TO HAPPEN. YOU'RE A PUBLIC OFFICIAL. A LOT OF THESE MEETINGS ARE TELEVISED ON TV.
IN SOME COMMUNITIES, PEOPLE ARE GOING TO UNDERSTAND THAT YOU'RE SERVING YOUR COMMUNITY, AND THAT'S A GREAT THING. AND BUT AS A RESULT OF THEM BEING AWARE OF YOUR SERVICE, THEY'RE GOING TO GO TO YOU IF THEY THINK THERE'S AN ISSUE THAT YOU CAN HELP WITH, YOU'RE NOT GOING TO GO RUN AND HIDE IN THE BUSHES. IF YOU SEE JOE, YOUR NEIGHBOR, COMING DOWN THE STREET, YOU DON'T RUN ACROSS THE STREET TO AVOID THEM. IT'S NOT REALISTIC, BUT THE BEST ADVICE IS YOU WANT TO KEEP ALL OF THESE DISCUSSIONS IN THE PUBLIC. SO IF SOMEONE COMES UP TO YOU AND SAYS, HEY, I REALLY WANT TO TALK TO YOU ABOUT THIS DEVELOPMENT PROPOSAL, SAY THANKS. YOU KNOW, I REALLY APPRECIATE IT. BUT, YOU KNOW, AS A PLANNING COMMISSIONER, WE'RE SUPPOSED TO HOLD THESE HEARINGS. PLEASE COME TO THE HEARING. WE'D LOVE TO HEAR WHAT YOU HAVE TO SAY. THAT'S THE BEST WAY TO MAKE A DIFFERENCE IN YOUR INPUT REALLY MATTERS.
IF YOU CAN'T MAKE IT, SEND A LETTER OR AN EMAIL TO STAFF. YEAH, ABSOLUTELY. AND STAFF IS YOU BRING UP ANOTHER GOOD POINT. THE STAFF COME TO THE MEETING OR YOU KNOW, YOU CAN ALSO DIRECT FOLKS TO STAFF, SAY, HEY, IF YOU HAVE INPUT ABOUT THE PROPOSAL, STAFF'S REALLY MANAGING THIS. THEY'RE DOING THE WHOLE THE PUBLIC INPUT PRIOR TO THE MEETING. SO, YOU KNOW, CALL, YOU KNOW, SALLY THE PLANNER OR SEND AN EMAIL TO THIS EMAIL ADDRESS AND GIVE THEM YOUR THOUGHTS. THOSE THOUGHTS WILL BE SHARED WITH THE COMMISSION. THOSE THOUGHTS WILL BE SHARED WITH THE CITY COUNCIL. YOUR VOICE WILL BE HEARD. IT JUST PROVIDES STRUCTURE AROUND THE THE COMMUNICATION PROCESS. AND IT'S IT ALSO PROVIDES A BARRIER PROTECTING THE COMMISSION FROM, YOU KNOW, ALLEGATIONS THAT THERE'S SOMETHING NEFARIOUS GOING ON. GOES BACK TO WHAT YOU SAID BEFORE ABOUT THE OPTICS. IT DOESN'T LOOK LIKE THERE'S SOMETHING GOING ON. EVERYTHING'S OUT FRONT. YEAH. YEAH, EXACTLY. AND, YOU KNOW, ONE LAST THOUGHT ON THIS TOO, IF YOU DO HAPPEN TO HAVE A CONVERSATION WITH SOMEONE AND, YOU KNOW, AT LEAST SAY IT'S A FRIEND AND THESE CONVERSATIONS CAN HAPPEN, YOU START ON ONE TOPIC AND YOU SHIFT TO ANOTHER, AND YOU BRINGS UP A RELEVANT POINT ABOUT A DEVELOPMENT PROPOSAL THAT'S BEFORE THE COMMISSION DISCLOSE IT DURING THE PUBLIC HEARING, SAY, HEY, YOU KNOW WHAT? ON SUNDAY I DROVE OVER. WE WERE WATCHING THE BEARS GAME, AND HE BROUGHT UP A POINT ON THIS THAT I THINK IS RELEVANT, AND I WANT TO SHARE IT WITH THE PUBLIC. IT TELLS THEM THAT THE CONVERSATION HAPPENED. IT PUTS IT ON THE RECORD. IT SHOWS THAT THERE'S NOTHING TO HIDE, SO THERE ARE OPTIONS TO DEAL WITH IT OTHER THAN FINDING A BUSH TO JUMP INTO. AND I THINK THAT'S GREAT ADVICE, BECAUSE I THINK A LOT OF TIMES COMMISSIONERS ARE UNCOMFORTABLE WITH THIS IDEA OF DISCLOSURE, LETTING PEOPLE KNOW WHAT HAPPENED. BUT, YOU KNOW, AS WE USED TO WARN PEOPLE, YOU DON'T WANT JOE TO COME AND STAND AT THE PODIUM AND GO, HEY, WHEN I WAS TALKING TO GREG, COMMISSIONER GREG ABOUT THIS THE OTHER DAY, HE THOUGHT IT WAS A FINE IDEA. SO IT REALLY THERE'S AGAIN, IT'S ANOTHER ONE OF THESE WAYS THAT THE STRUCTURE OF THE SYSTEM REALLY HELPS. THE COMMISSIONER PROTECTS THE COMMISSIONERS.
THEY DO THEIR JOB. THAT'S EXACTLY RIGHT. IT'S BEING. YEAH. SO I MEAN, THINK ABOUT THE OPTICS. IT'S NOT REALLY SOMETIMES BECAUSE SOMETHING'S WRONG OR YOU'RE DOING IT INCORRECTLY, BUT YOU DO WANT TO THINK JUST HOW IT LOOKS VISUALLY. RIGHT. AND THAT EXAMPLE OF YOU DON'T WANT JOE TO COME TO THE PODIUM AND SAY, WELL, I TALKED TO COMMISSIONER SCOTT LAST NIGHT AND HE TALKED TO THIS. RIGHT. YOU WANT TO BE TOTALLY UP FRONT WITH WITH THAT ONE THING THAT WOULD BE HELPFUL. WHAT DO YOU DO WHEN YOU KNOW, YOU KNOW, WHEN YOU RECEIVE A VERBAL COMMUNICATION, YOU SAY, SORRY, I CAN'T TALK ABOUT IT, BUT WHAT DO YOU DO WHEN YOU GET LETTERS, EMAILS AND WRITTEN COMMUNICATIONS THAT COME TO YOU? YOU DON'T HAVE THE OPPORTUNITY TO SHUT THEM DOWN. SO WHAT'S THE PROPER PROCEDURE? HOW TO HANDLE THOSE? JACOB YEAH THAT TOO. THIS IS SOMETHING I'VE TALKED WITH MY PREDECESSOR A LITTLE BIT ABOUT AS WELL. IN THOSE INSTANCES, OUR ADVICE HAD ALWAYS BEEN DON'T REVIEW THE EMAILS. IF IT'S APPARENT THAT IT'S PERTAINING TO A TOPIC THAT'S GOING TO COME TO LIGHT, WHAT YOU CAN DO IS SEND IT TO CITY STAFF, AND IT COULD PROBABLY BE INCLUDED IN THE PACKET MATERIAL. SO EVERYBODY'S GETTING IT, NOT JUST YOU. YEAH, AND THAT'S VERY GOOD. IF YOU GET AN EMAIL OR A LETTER AND I MEAN YOU'RE GOING TO OPEN IT AND SEE WHAT IT IS. BUT AS SOON AS YOU RECOGNIZE THIS IS SOMETHING ON THE AGENDA OR SOMETHING RELATED TO WHAT MIGHT BE ON AN AGENDA, YOU SEND US AN EMAIL, CALL US, HEY, IS THIS GOING TO BE ON THE AGENDA? AND THEN I MEAN, STOP THERE, RIGHT.
[01:10:04]
AND THEN YOU CAN CHECK WITH STAFF TO, HEY, I GOT AN EMAIL FROM THIS PERSON, DO YOU HAVE IT? AND WE MOST LIKELY DO. WE PROBABLY GOT A COPY AS WELL. BUT LET'S CONFIRM AND MAKE SURE WE DO HAVE IT SO THAT WE THEN CAN PROVIDE IT TO EVERYBODY. AND AGAIN, DISCLOSURE RIGHT. IT WOULDN'T BE A BAD THING TO SAY, HEY, COMMISSIONER OGDEN RECEIVED THIS IN THE MAIL.WE'VE PROVIDED COPIES TO ALL OF YOU AS A COMMISSION. NOW EVERYONE HAS THE SAME INFORMATION. RIGHT? AND IT'S BEEN DISCLOSED. THE OTHER THING TO NOTE, THERE ARE EIGHT OF YOU FOR A QUORUM TO REMAIN. FOR A QUORUM TO CONDUCT BUSINESS, WE NEED FIVE. BUT REALLY, WE CAN GO BELOW A QUORUM TO IF WE'RE IN THE MEETING. AND AND PEOPLE NEED TO RECUSE THEMSELVES. SO I MEAN, THAT'S WHY WE HAVE EXTRA FOLK BECAUSE YOU ARE LIVING IN YOUR NEIGHBORHOODS. YOU DO TALK TO PEOPLE. IF YOU FEEL LIKE YOU'VE TALKED TO SOMEONE TOO MUCH OR THE DISCUSSION WENT DOWN TOO FAR, YOU DIDN'T KNOW YOUR HUSBAND'S BEST FRIEND WAS A DEVELOPER. YOU GUYS ENDED UP OUT AT DINNER LAST NIGHT AND OH MY GOSH, IT JUST THERE'S THE ABILITY FOR YOU TO COME TO THE MEETING, DISCLOSE. HEY, I HAD A CONVERSATION BECAUSE OF THAT. I'M JUST NOT GOING TO PARTICIPATE IN THIS CONVERSATION AND I'M GOING TO RECUSE MYSELF. AND YOU CAN STEP AWAY FROM THE DISCUSSION. WE STILL HAVE A QUORUM. WE CAN STILL CONDUCT BUSINESS. AND THAT IS SOMETHING WE TELL DEVELOPERS IN THE PUBLIC WHEN THEY SAY, CAN I CONTACT THE COMMISSION? WE TELL THEM NO, AND THAT'S TO PROTECT THEM TOO, RIGHT? YOU MIGHT LIKE OR NOT LIKE WHAT IS IN FRONT OF YOU, OR YOU MIGHT HAVE COMMENTS THAT THE THE NEIGHBOR OR THE RESIDENT WANTS TO SAY, BUT IF THEY COME TALK TO YOU AND YOU HAVE TO RECUSE YOURSELF, YOU CAN'T PARTICIPATE IN THAT CONVERSATION ANYMORE, RIGHT? SO WE'LL TELL A DEVELOPER, REALLY, THAT COULD REALLY HURT YOU. I MEAN, IF PEOPLE ON THE COMMISSION WHO THINK YOUR DEVELOPMENT IS APPROPRIATE, I'LL HAVE TO RECUSE THEMSELVES. THAT DOESN'T WORK IN YOUR FAVOR.
SO IT'S JUST BEST TO NOT GET INTO THAT. WHEN IT COMES TO QUASI JUDICIAL HEARINGS. BUT AGAIN, IF YOU'VE GOT QUESTIONS, COME, COME ASK US. I DO HAVE ONE QUICK QUESTION. I KNOW YOU'RE TRYING TO GO FAST. YOU'RE GOOD. WHAT IF ASKING FOR A FRIEND. YEAH. IF THE MEETING HAS HAPPENED. RIGHT. AND I MY FRIEND IS JUST SAYING WHAT HAPPENED LAST NIGHT. JUST TO SUM UP, LIKE HOW THE MEETING WENT OR LIKE COMMENT THAT WAS RECEIVED. AGAIN, I THINK YOU HAVE TO BE CAREFUL IF YOU'RE STILL WITHIN THAT WINDOW WHERE AN APPEAL CAN BE FILED, WHICH APPEALS THEY HAVE 14 DAYS AFTER THE DECISION, RIGHT, TO FILE AN APPEAL WITH US. BUT AGAIN, EVEN IF THEY FILE AN APPEAL AND THAT GOES TO CITY COUNCIL, THE CITY COUNCIL COULD POTENTIALLY SEND IT BACK TO THE COMMISSION. THE ONLY REASON I ASK THIS, BECAUSE I HAVE ONE FRIEND WHO IS KIND OF INTERESTED IN THIS STUFF AND THEY'RE LIKE, SO WHAT HAPPENED? WELL, X, Y, AND Z, AND THIS HAPPENED ABOUT THIS COMING, THIS COMMENT. IF IT'S A LEGISLATIVE ITEM, GO FOR IT. IF IT'S A BUSINESS ITEM, A FINAL PLAT, YOU CAN TALK ABOUT THAT. RIGHT? IT'S REALLY THOSE QUASI JUDICIAL ONES, A PUD, A REZONE PRELIMINARY PLAT. SO, YOU KNOW, MAYBE TALK ABOUT THE OTHER ITEMS RATHER THAN TALKING ABOUT THE QUASI JUDICIAL ONES. COULD I SAY, YEAH, IT WAS APPROVED, SURE. BUT NOT LIKE GET INTO THE DETAILS HONESTLY. OR YOU CAN SAY THAT'S REALLY INTERESTING.
YOU SHOULD WATCH THE LIVE STREAM. AND I ACTUALLY AND I DO AND I DO TELL THEM, LIKE, YOU SHOULD WATCH THIS. RIGHT. THEY'RE VERY EXCITED. YEAH. OKAY. YES. SORRY I WAS LOUD.
WHEN YOU SAY THE APPEAL PERIOD THAT'S THE APPLICANT ONLY. CORRECT. LIKE A MEMBER, A GENERAL MEMBER OF THE PUBLIC. COULD THEY APPEAL A DECISION THAT WE MADE? THEY CAN. IF THERE'S ANY AFFECTED PARTY BY STATE LAW. THAT'S HOW THAT READ. ANY AFFECTED PARTY CAN APPEAL.
AND SO MOST OF THE APPEALS WE'VE SEEN HAVE BEEN ON PRELIMINARY PLATS. AND BUT WE HAVE HAD RESIDENTS WHO LIVE IN THE NEIGHBORHOOD WHO HAVE APPEALED THOSE THOSE DECISIONS.
WHAT COUNTS AS AN AFFECTED PARTY? OH THAT'S BROAD. IT SOUNDS A LITTLE MORE THAN 300FT OF THE IUD OR SOMETHING. I MEAN, THAT WOULD DEFINITELY HELP SUBSTANTIATE THAT MORE. BUT I THINK GENERALLY, I MEAN, LEGAL FOLKS TELL ME IF I'M WRONG, SOMEONE WHO DOESN'T LIVE WITHIN THAT 300 FOOT NOTIFICATION, THEY COULD ALSO BE AN AFFECTED PARTY REGARDING A DEVELOPMENT.
I MEAN, YOU'D HAVE TO MAYBE, BUT I DON'T THINK THAT'S A PRETTY BROAD TERM WHEN IT COMES TO FILING AN APPEAL. YOU COULD PROBABLY HAVE SOMEBODY CLEAR ACROSS TOWN TRY TO CLAIM THAT THEY'RE AN EFFECTIVE PARTY AND TRY TO MAKE SOME SORT OF MOTION TO, TO THE, YOU KNOW, NEXT HIGH, THE NEXT HIGHEST QUASI JUDICIAL. CONGREGATION. AND, YOU KNOW, WE COULD BE ARGUING THAT THEY
[01:15:02]
DON'T HAVE ANY STANDING TO REALLY BE ARGUING THIS AT ALL. BUT WE'RE STILL IN THAT POSITION WHERE WE'RE ARGUING THAT THEY DON'T EVEN HAVE STANDING. SO TECHNICALLY YOU COULD HAVE JUST SOME RANDOM PERSON MAKING THE ARGUMENT. GENERALLY SPEAKING, THE AFFECTED PARTIES ARE GOING TO BE THOSE WHO HAVE MORE GROUNDS TO ACTUALLY WHO HAVE, YOU KNOW, LIKE NOTICE REQUIREMENTS AND THINGS LIKE THAT, LIKE INDIVIDUALS WHO ARE IN THAT 300 FOOT RADIUS. YOU'RE GOING TO HAVE PEOPLE WHO OWN THE PROPERTY. IF THE PLANNING AND ZONING COMMISSION DECIDES THAT, YOU KNOW, THEY DON'T QUITE AGREE WITH WHAT WITH WHAT THE THOSE INDIVIDUALS ARE DOING, THEY'RE ABSOLUTELY GOING TO HAVE SOME SORT OF STANDING TO QUESTION THE DECISIONS MADE OR THE RECOMMENDATIONS MADE BY THE PLANNING AND ZONING COMMISSION.SO, AND FOR THE APPEAL, THERE IS AN APPLICATION, THERE IS A FEE FOR THAT APPEAL BECAUSE WE HAVE TO NOTICE AND DO OTHER THINGS, AND THERE ARE SOME THINGS THAT THEY HAVE TO SHOW HOW. THEY BELIEVE THAT THE COMMISSION ACTED IN ERROR. SO BUT IN GENERAL PURPOSES, AGAIN, OUR POINT, THE POINT OF WHAT WE DO EVERY DAY IS TO PROVIDE DUE PROCESS, TO GET THINGS ON THE RECORD. WE'RE GOING TO PROCESS AN APPEAL AND TAKE IT TO CITY COUNCIL. IF WE RECEIVE A COMPLETE APPLICATION FOR AN APPEAL IN A TIMELY MANNER, WE'RE GOING TO DO THAT RIGHT.
WE'RE NOT JUST BECAUSE WE WANT TO MAKE SURE EVERYTHING LOOKS ABOVEBOARD AND THAT WE'RE BEHAVING LEGAL AND WE'RE WE'RE GIVING THAT PROCESS. BUT THERE IS THERE IS A BAR TO A BAR TO ENTRY A BIT, A BIT WHERE IT'S A LOW BAR, BUT NOT NOT ANY MEMBER OF THE PUBLIC WHO DISAGREES WITH A DECISION WE MADE WOULD FEEL, YOU KNOW, NECESSARILY COMFORTABLE JUST BLANKET FILING APPEALS BECAUSE THEY DON'T LIKE THAT DEVELOPMENT IS HAPPENING, FOR EXAMPLE. CORRECT. YEAH. SO SO SO SAY SOMEBODY DOES APPEAL THE DECISION THEN WHAT HAPPENS. WE GET INVOLVED IN THAT. AGAIN YOU DON'T. THE APPEAL GOES TO CITY COUNCIL OKAY. SO ANY OF YOUR DECISIONS WOULD GO TO CITY COUNCIL. AGAIN MOST THINGS YOU'RE RECOMMENDING ON. RIGHT. SO SOMETHING THAT YOU'RE A DECISION MAKER IS A PRELIMINARY PLAT. THAT'S REALLY ABOUT THE ONLY THING. EVERYTHING ELSE IS A RECOMMENDATION. SO THEY CAN'T APPEAL ANYTHING UNTIL WE HAVE AN ACTUAL DECISION. SO AGAIN THAT'S WHY MOSTLY WE SEE APPEALS ON PRELIMINARY PLATS. BUT YEAH, THEY REALLY GO TO CITY COUNCIL IF THEY WANT TO APPEAL A COUNCIL DECISION THAT THEN GOES TO DISTRICT COURT.
OKAY. SO WHAT ABOUT FINAL PLATS? I DON'T WANT TO FORGET ABOUT THOSE BECAUSE WE DO A LOT OF THOSE TOO. RIGHT. IT'S A BUSINESS ITEM. AGAIN THIS COMES DIRECTLY FROM OUR SUBDIVISION ORDINANCE. IF THE PLAT CONFORMS TO THE APPLICABLE RULES, THE COUNCIL SHALL APPROVE. IT'S NOT A YOU MIGHT APPROVE. IT'S NOT A YOU MAY APPROVE. IT'S YOU SHALL APPROVE THE PLAT. THE APPLICANT IS ENTITLED TO HAVE THE PLAT APPROVED. SO AGAIN, WE'VE NARROWED OUR FOCUS DOWN FROM HEARINGS TO A BUSINESS ITEM. WE'RE JUST STRICTLY APPLYING THE RULES. AND SO THAT'S WHY SOMETIMES WE MAYBE GET A LITTLE TOUCHY ABOUT THE DISCUSSION YOU HAVE AND HOW FAR YOU MIGHT STRAY FROM THE TASK AT HAND WITH A FINAL PLAT. WE'RE REALLY VERY NARROWLY FOCUSED, AND AT THE END OF THE DAY, IT'S SHALL BE APPROVED. IF IT MEETS EVERYTHING. OKAY, YOUR DECISION MAKING THIS AGAIN COMES FROM DIRECTLY FROM OUR ZONING ORDINANCE. I JUST THOUGHT THIS WAS HELPFUL. AND IT WILL BE HELPFUL FOR YOU, COMMISSIONER ILER, AS YOU ACT AND AND AS YOU ACT AS THE CHAIR AND VICE CHAIR THIS YEAR, DECISION MAKING AMONGST THE BOARD. SO THIS IS AFTER A HEARING, RIGHT? WE'VE HAD THE PUBLIC HEARING. WE LET EVERYONE TALK. NOW WE'RE DOWN TO YOUR DELIBERATIONS WITHOUT FURTHER UNSOLICITED COMMENT. I THINK THAT'S VERY IMPORTANT.
UNSOLICITED, RIGHT. ADDITIONAL COMMENT CAN OCCUR, BUT NOT JUST RANDOM UNSOLICITED COMMENT FROM THE PUBLIC. ANY MEMBER OF THE COMMISSION MAY QUESTION ANY PARTICIPANT IN THE HEARING PROCESS CONCERNING A REPRESENTATIONS MADE OR QUESTIONS RAISED IN THE COURSE OF THE HEARING. SO AGAIN, YOU COULD ASK SOMEONE ELSE TO COME BACK UP TO THE PODIUM AND ASK THEM A QUESTION. YOUR QUESTION SHOULD BE RELATED THOUGH TO THEIR TESTIMONY. SO EVEN SOME RANDOM, EVEN A PERSON IN THE PUBLIC COMMENT, IT DOESN'T HAVE TO BE CITY STAFF OR THE APPLICANT, CORRECT? OKAY. GENERALLY SPEAKING, WE WE KIND OF HAVE DONE THAT SORT OF TRADITIONALLY WE DON'T INCLUDE THE WHOLE PUBLIC. BUT YOU COULD BUT THEN REMEMBER AS CHAIR AND VICE CHAIR, YOU'RE KIND OF YOU'RE MANAGING THIS WHATEVER QUESTION COMMISSIONER SCOTT'S GOING TO THROW AT SOMEONE AT THE PODIUM NEEDS TO BE RELATED TO THEIR TESTIMONY DURING THE HEARING, BUT IT'S STILL PROPER AND OKAY FOR THAT TO OCCUR. JUST BUT YOU'RE NOT GOING TO
[01:20:03]
TAKE UNSOLICITED COMMENTS, AND THAT'S WHERE IT GETS A BIT OF A STRUGGLE, RIGHT? YOU LET ONE PERSON COME UP TO THE PODIUM AND SPEAK OPTICALLY. PEOPLE IN THE ROOM ARE LIKE, WELL, HOW COME THEY GOT A SECOND TURN? I WANT A SECOND TURN. AND SO YOU NEED TO MANAGE THAT A LITTLE BIT. BUT LEGALLY YOU CAN ALLOW IT THAT THAT'S THAT'S OKAY FOR YOU. THE OTHER WE OFTEN HAVE THAT QUESTION SHOULD IT JUST BE STAFF. WHAT COULD HAPPEN HERE. THE CHAIR MAY ELICIT A RESPONSE TO A QUESTION. SEEK A SPECIFIC OBJECTIVE FACT FROM ANY PARTICIPANT WITHOUT REOPENING THE HEARING. AND WE'VE HAD THAT KIND OF STRUGGLE SOMETIMES. WAIT, CAN WE CLOSE THE HEARING? DO WE NEED TO REOPEN IT? WHAT DO WE WANT TO DO? AGAIN, I MADE A MISTAKE. YOU CAN YOU CAN ASK THOSE QUESTIONS AND YOU CAN GET THOSE ANSWERS WITHOUT REOPENING THE HEARING. AND THAT'S IMPORTANT, RIGHT? BECAUSE IF WE REOPEN THE HEARING, WE THEN DO NEED TO ALLOW FOR UNSOLICITED ADVICE, BECAUSE NEW EVIDENCE OR NEW ITEMS MIGHT BE BE BROUGHT FORWARD. SO JUST KEEP THAT IN MIND. AND AGAIN THESE ARE IN THE NOTES. THIS IS ACTUALLY IN THE THE ZONING CODE. SO I THINK YOU GUYS CAN USE THAT TOO. WHEN PEOPLE FROM THE PUBLIC SAY WHY DO YOU DO THIS? WHY DO YOU ACT THIS WAY? YOU CAN SAY WRITE IT IN THE CODE, YOU KNOW? MY HANDS ARE TIED. IT'S WE'RE NOT TRYING TO BEHAVE LEGALLY. RIGHT. SO I HAD ONE MORE VIDEO. I'M NOT GOING TO SHOW IT JUST BECAUSE OF TIME. BECAUSE I LIED TO YOU AND SAID I HAVE A NO. THIS IS ALL GOOD. REFRESH. SO THE LAST ONE WAS REALLY JUST ON MOTIONS. AND WHEN WHEN THINGS APPLY OR DON'T APPLY LIKE CONDITIONS THAT WE TALKED ABOUT. SOMETIMES AS YOU'RE GOING THROUGH YOUR DELIBERATION AND YOUR DISCUSSION, YOU HAVE YOU THINK, WELL, YEAH, FENCE WOULD REALLY BE GOOD, RIGHT. AND BUT THEN YOU HAVE SOME MORE CONVERSATION ABOUT TRANSPORTATION OR ACCESS OR DRAINAGE. RIGHT. AND THEN YOU GET TO THE MOTION AND SOMEONE MAKES A MOTION AND THEY JUST I MOVE TO APPROVE AND YOU GET A SECOND AND YOU TAKE A VOTE. YEAH. WELL THAT FENCE IS A LOT. IT'S LOST. IT'S NOT PART OF YOUR MOTION. IT DOESN'T APPLY. RIGHT. SO WHEN WE'RE LOOKING AT WHAT TO ENFORCE AND WHAT IS REQUIRED OF THIS APPLICATION, IT'S VERY MUCH WHAT WAS ON THE RECORD AND WHAT YOUR MOTION ENTAILED. SO SOMETHING COMES UP DURING THE CONVERSATION AND THE DISCUSSION THAT'S NEW OR NOT IS PART OF THAT REPORT. AND IT'S SOMETHING YOU WANT TO BE PART OF THAT APPROVAL. IT NEEDS TO BE INCLUDED IN YOUR CONDITION. RIGHT. WE MOVE TO APPROVE THAT ON THE CONDITION THAT THEY PROVIDE A SIX FOOT FENCE ON THE NORTH PROPERTY LINE, AND THEN IT'S CLEAR WHAT WHAT IS SUPPOSED TO BE INCLUDED ON THAT. AND YOU HAVE TO THINK TO AS I'VE, YOU KNOW, AS WE WORK THROUGH THIS EVERY DAY, SOMETIMES I'M GOING BACK 30 YEARS AND READING THE MEETING MINUTES FROM THE 30 YEARS BACK TO SEE WHAT WAS REQUIRED. AND IF THERE'S NOTHING IN THE MOTION, THERE'S NO INDICATION, RIGHT, THAT ANYTHING SHOULD HAVE BEEN DEALT WITH DIFFERENTLY THAN WHAT. SO SOME OF THE CONDITIONS THAT WE'VE HAD IN THE PAST, THEY'VE I THINK MAYBE THERE WAS A FEAR AMONGST THE COMMISSION, ESPECIALLY MY I'LL SPEAK FOR MYSELF WHERE IT'S LIKE, WELL, I DON'T WANT TO PIN THIS ON THIS DEVELOPER. I WOULD JUST LIKE MAYBE CITY STAFF TO REVISIT THAT SPECIFIC ISSUE. YOU'RE SAYING IT COULD BE ANYWHERE FROM THAT ALL THE WAY UP TO. NO. YOU NEED A FENCE, ESSENTIALLY.OKAY. LIKE IT DOESN'T HAVE TO BE LIKE THIS WISHY WASHY. WELL, WHAT? MAYBE WE SHOULD HAVE STAFF LOOK AT IT IF I FEEL STRONGLY ABOUT IT. AND IT'S DEFINITELY WITHIN REASON, I THINK THAT THE COMMISSION WOULD KEEP ME IN CHECK OR ANYONE IN CHECK. RIGHT. IT COULD BE A YOU COULD MAKE A MOTION WITH THAT CONDITION AND IT CAN DIE FOR LACK OF A SECOND. RIGHT.
EXACTLY. NOBODY ELSE THINKS THE FENCE IS IMPORTANT, RIGHT? IT'S GOING TO BE KEPT RIGHT? RIGHT.
BUT I'VE ALWAYS BEEN AFRAID TO EVEN GO THAT, YOU KNOW. SO JUST SAY IT NEEDS THAT. WE DO WANT TO BE A LITTLE BIT CAREFUL THERE. AND SOME OF SOME OF WHAT YOU HEARD FROM OTHER DEVELOPERS AND OTHER COMMISSIONS AROUND THE STATE IS THAT, WELL, I SHOW UP TO A MEETING AND THEY COME OUT OF NOWHERE WITH THIS WEIRD CONDITION, RIGHT? THAT ENDS UP BEING 20 GRAND FOR WHATEVER REASON. RIGHT? WE DO WANT TO BE CAREFUL OF THAT, RIGHT? AND WE DO WANT TO MAKE WHATEVER CONDITION YOU APPLY. IT HAS A NEXUS TO THE APPLICATION, AND IT'S PART OF YOUR DECISION MAKING. RIGHT? WE'VE HAD A CONVERSATION ABOUT IT. WE'VE IDENTIFIED THAT THERE ARE ANIMALS ON THE OTHER PIECE OF THE PROPERTY, AND WE NEED TO PROTECT AGAINST THAT, OR IT'S A STORM DRAINAGE THING. RIGHT. WE NEED TO PROVIDE A SPECIFIC DRAINAGE THING, OR WE NEED TO DIRECT STAFF TO LOOK AT THIS SPECIFIC DRAINAGE ITEM OR MY ANTI-DRUNK DRIVING CROSSWALK.
[01:25:02]
REMEMBER THAT ONE? REMEMBER WINCO? WINCO? THE CROSSWALK FROM THE CARIBOU CROSSING, RIGHT? BUT AS LONG AS THERE'S A NEXUS, RIGHT, IF WE CAN SAY, LOOK, WE HAVE A WE HAVE A LEGITIMATE RESIDENTIAL DEVELOPMENT AND DAILY SERVICES ARE ACROSS THE STREET, AND IT'S A PRIVATE STREET. AND WE THINK OF A STRIPED PEDESTRIAN ACCESS MAKES SENSE FOR SAFETY THAT THAT TOTALLY WORKS. BUT SEE WHAT I DID THERE IN ORDER TO MAKE THE NEXUS? IT WASN'T JUST A RANDOM WE THINK YOU SHOULD STRIKE THIS BECAUSE IT WAS. WE THINK YOU SHOULD STRIKE THIS BECAUSE YOU'RE PROVIDING RESIDENTIAL HOMES ACROSS THE STREET OR DAILY SERVICES. THIS IS THE DIRECT CONNECTION POINT FOR PEDESTRIANS ACROSS A PRIVATE STREET THAT THE CITY DOESN'T HAVE REGULATORY AUTHORITY OVER. RIGHT. WELL, BEFORE THAT BECAME A CONDITION, IT WAS IT WAS PRETTY THOROUGHLY DISCUSSED. RIGHT? RIGHT. SO YOU DO WANT TO MAKE THAT NEXUS AND WE WANT TO DO THAT. AND WE'LL PROMPT YOU LIKE IT'S A LITTLE FEARFUL FOR STAFF WHEN THE COMMISSION STARTS COMING UP WITH CONDITIONS. I'LL BE HONEST. WE WILL WE DO. BUT PART OF IT IS THAT WE'RE THINKING DOWN THE ROAD, WELL, WHAT IS THE NEXUS? IS THAT LEGAL? BECAUSE IF YOU THE STATE LAW DOES ALSO STATE LIKE IF WE COME UP WITH RANDOM THINGS, THEY COULD BE CONSIDERED THE TAKINGS AND THEN WE DO END UP IN SOME LEGAL HOT WATER OR JACOB'S NOT VERY HAPPY WITH THIS. SO SO WE WANT TO BE CAUTIOUS. I DON'T WANT IT. I DON'T WANT TO SCARE YOU AWAY FROM DOING IT. IF YOU THINK THAT THERE'S SOMETHING AS YOU'RE REVIEWING THE PACKET, I'D APPRECIATE YOU CALLING STAFF AND JUST RUNNING IT BY US. AND THEN MAYBE WE COULD TALK THROUGH. WHAT'S THE BEST WAY TO PRESENT THAT TO THE COMMISSION? WHAT'S THE BEST? WHAT'S THE NEXUS I COULD TALK ABOUT JUST TO MAKE SURE THAT WE'RE WE'RE, YOU KNOW, DOTTING THE I'S AND CROSSING THE T'S. AND THEN WE WANT TO MAKE SURE THAT IT'S CLEAR IN THE MOTION. SOMETIMES WE GET A LITTLE LONG WINDED IN THE MOTION OR IT'S NOT REALLY CLEAR. YEAH. ESPECIALLY IF IT'S SOMETHING THAT'S LIKE, WELL, WE THINK STAFF SHOULD REVIEW THE STORM DRAINAGE AGAIN. WELL WHAT HOW DO YOU TRACK THAT. WHAT ASPECTS OF THE STORM DRAINAGE RIGHT. AND WHO GETS TO DECIDE THAT WAS DONE SUFFICIENTLY OR NOT. RIGHT. SO WE WANT TO MAKE SURE THAT WE UNDERSTAND WHAT YOU'RE ASKING. THE CODE ALLOWS YOU TO ASK FOR IT. SO DON'T BE SHY. BUT IF YOU HAVE SOME OF THOSE THOUGHTS AS YOU'RE REVIEWING YOUR PACKET, CALL US AND LET'S TALK THROUGH IT. OKAY.SO THAT'S REALLY ALL I HAD. ARE THERE OTHER THINGS YOU WANTED TO MAYBE CHAT ABOUT OR COMMISSIONER BROUGHT UP? A GOOD POINT TO ME ABOUT HOW THE ORDER IN WHICH WE'RE DOING SOME THINGS, LIKE DURING LIKE FOR PUBLIC COMMENT, HE NOTICED IN THE INFORMATION WE GAVE US AND MAYBE I'LL JUST LET YOU SAY IT, BUT THE INFORMATION YOU GAVE US, IT SAYS WE OPEN THE PUBLIC HEARING FIRST, AND THEN WE GET THE CITY OR THE APPLICANT PRESENTATION, AND THEN THE CITY PRESENTATION. YEAH. WHEN WHAT I'VE BEEN SAYING, WHAT WE'VE BEEN DOING IS OPPOSITE. WE GET THIS. IS THERE A REASON FOR THAT OR WHAT. AGAIN IT GO BACK WHAT'S. YEAH I MEAN IT'S SORT OF A TECHNICALITY OKAY. REALLY THOUGH WHAT WHAT WE'RE GETTING BACK TO IS EVERYTHING THAT YOU'RE HEARING AND MAKING IN YOUR DECISION MAKING NEEDS TO BE ON THE RECORD AND PART OF THE HEARING. SO IT IS APPROPRIATE YOU OPEN THE PUBLIC HEARING BEFORE YOU TAKE ANY TESTIMONY, WHETHER IT'S THE APPLICANT OR STAFF. YOU WOULD JUST NOW LET'S OPEN THE PUBLIC HEARING. SO I COULD SAY, ALL RIGHT, SO NOW WE'RE GOING TO OPEN A PUBLIC HEARING FIRST.
YES, WE'RE GOING TO HEAR FROM CITY OR FROM THE APPLICANT AND CITY. OKAY I SEE WHAT WE'RE SAYING. SO WE WERE ALREADY DOING THAT. IT'S JUST WE'RE NOT IDEA. RIGHT. WE'RE DOING THAT.
WE MIGHT GET A LITTLE INFORMAL SOMETIMES OR A LITTLE LOOSE. AND THAT'S BEEN OKAY. BUT AGAIN, THE THOUGHT PROCESS IS EVERYTHING THAT YOU'RE USING FOR YOUR DECISION MAKING WILL BE ON THE RECORD. AND SO IT SHOULD BE PART OF THE HEARING. I DON'T KNOW THAT A JUDGE WOULD BE TOO CRITICAL ABOUT THAT WITH THIS, BUT I MEAN WORDS MATTER AND PROCESS MATTERS. SO IT FEELS LIKE IT'S A BIT OF A MATTER OF SEMANTICS TO DATE WHERE, YOU KNOW, WE'RE FOLLOWING OUR PROCESS, WHERE WE'RE HEARING FROM STAFF, I'M HEARING FROM APPLICANT, WE ARE TAKING PUBLIC COMMENTARY. WHAT WE'VE BEEN CALLING THE PUBLIC HEARING IS THAT PUBLIC COMMENT PORTION WHERE WE SOLICIT AUDIENCE INPUT. RIGHT? RIGHT. WHERE REALLY THE PUBLIC HEARING IS, IS EVERYTHING ENCOMPASSING THE PROCESS UP UNTIL THE POINT OF DECISION MAKING, CORRECT? YEAH. EVEN EVEN THE SLIDES THAT STAFF'S GOING THROUGH. RIGHT. THE PRESENTATION, THAT'S ALL PART OF THAT RECORD. OKAY. AND SO I MEAN, YEAH, IT'S REALLY IMPORTANT TO OPEN THE HEARING AND DO IT THAT WAY. SO WE CAN KIND OF TIGHTEN THAT UP A LITTLE BIT FOR SURE. SO DO YOU GUYS DO A REALLY GOOD JOB. WE APPRECIATE SO MUCH YOUR EFFORT AND YOUR TIME. IF YOU THOUGHT
[01:30:03]
THAT 2026 WAS GOING TO COOL DOWN FROM 2025, YOU WERE WRONG. WHY? NEXT AGENDA IS PRETTY FULL.OH, AND YOU GOT A LOT OF. FROM WHAT I HEAR IN THE PIPELINE, THERE'S IT'S GOING TO BE A BUSY YEAR THIS YEAR. SO THAT'S GOOD. IT'S NOT SLOWING DOWN. IT'S NOT AS BUSY AS MAYBE IT WAS WHEN PREVIOUS COMMISSIONERS WERE HAVING TWO MEETINGS A MONTH. RIGHT. LIKE 2021. YEAH. JUST TO MANAGE THE AGENDA. BUT WE'RE WE'RE NOT THERE. SO THAT'S GOOD. BUT THERE'S ENOUGH TO KEEP US ALL REALLY BUSY. SO. OKAY. YEAH. ALL THE DIFFERENT STUFF. COOL. LET'S DO IT. SO DAVID HASN'T BEEN INTRODUCED OKAY. YES. YES. SO IF YOU HAVE OTHER PEOPLE THAT YOU WANT WELCOME I'M DAVID PETERSON I'M A CURRENT PLANNER WITH THE CITY OF IDAHO FALLS. THE CITY FOR ALMOST 20 YEARS NOW. BUT YOU HAVEN'T BEEN HERE FOR A COUPLE MONTHS. SO. SO THAT'S BEEN SLOWER. AND THEN WE HAVE CAITLIN LONG WHO'S NOT HERE TONIGHT AS WELL. SO THERE'S AND THEN WE HAVE A VACANT PLANNER POSITION THAT WE'RE WORKING ON FILLING. SO THERE'LL BE NATURE'S WORKING FOR BONNEVILLE COUNTY. I LIKE THOSE WE LIKE NATURE. AND WE'RE GLAD SHE'S THERE TOO. WE STILL CONSIDER HER PART OF THE STAFF. SO SHE'S SHE'S DOING GOOD THINGS AT THE COUNTY. WE MISS HER, BUT SHE'S EXCELLENT OVER THERE TOO. SO. YEAH. SO THANK YOU SO MUCH. FIRST MEETING IN FEBRUARY. WE DO HAVE A FULL AGENDA. SO A COUPLE OF PUBLIC HEARINGS ON CULINARY CLASS. SO GREAT. WELL, IS THERE ANYTHING ELSE ANYONE WOULD LIKE TO SAY? WE'LL CLOSE THE MEETING. I WANT TO SAY SOMETHING I WANT TO I APPRECIATE ALL OF YOUR GUYS'S TIME. YOU WON'T SEE ME AS OFTEN AS YOU SEE DAVID. BUT I DO ENJOY COMING TO THESE MEETINGS AND GETTING AN OPPORTUNITY TO PRESENT. AND I DON'T HEAR FROM ANY OF YOU NEARLY ENOUGH. RIGHT. ASK ME QUESTIONS. ASK DAVID AND CAITLIN QUESTIONS. IT'S IT'S WAY MORE COMFORTABLE FOR US TO BE ABLE TO USE OUR TOOLS AT OUR DESKS TO HELP ANSWER YOUR QUESTIONS BEFORE WE GET INTO THIS MEETING. SO PLEASE, PLEASE USE US AS STAFF, RIGHT? AND ENCOURAGE THE PUBLIC TO COME AS WELL. BECAUSE THEY DON'T THEY DON'T COME TO OUR OFFICE AND ASK US QUESTIONS BEFORE THEY COME TO. SO IF YOU GUYS ARE GETTING BOMBARDED WITH QUESTIONS, SEND THEM TO US. WE WANT TO HELP THEM UNDERSTAND BEFORE WE GET TO A CONTROVERSIAL MEETING OR FRICTION THAT CAN BE AVOIDED, RIGHT? SO USE US, YOU KNOW. AND AGAIN, JUST THANK YOU FOR VOLUNTEERING YOUR TIME. I'VE BEEN THERE ONCE MYSELF AND THEY CAN BE VERY UNPLEASANT. SO I RESPECT AND APPRECIATE WHAT YOU GUYS DO. IT'S PRETTY THANKLESS, BUT WE APPRECIATE IT SO MUCH. AND WE DO HOPE THIS YEAR TO DO A FEW MORE LONG RANGE STUFF THAT WE MIGHT CAN GET IN FRONT OF YOU AS WE GET POLICY LIKE POLICY STUFF, LIKE ZONING ORDINANCE STUFF. YES. NICE COMP PLAN STUFF. SOME LONG RANGE TRANSPORTATION PLANNING, PEDESTRIAN PLANNING STUFF, ALL THOSE TYPES OF THINGS. MIXED USE, WALKABILITY, SOME OF THAT STUFF WE HOPE TO HAVE IN FRONT OF YOU. SO SOME OF IT JUST DEPENDS ON HOW BUSY YOUR ENGINEERS ARE AND THE TIME WHENEVER WE'VE GOT TO WORK ON THINGS. BUT WE HOPE 2026 WILL HAVE SOME OF THAT. SO WE'RE TALKING ABOUT A RIVER MASTER PLAN. OH GOOD. SOME. YEAH. LOTS OF COOL THINGS. MAYBE WILL BE COMING THIS YEAR WITH MAYBE AN AIRPORT ZONE SPECIFIC TO THE AIRPORT. I WAS ACTUALLY GOING TO MENTION THAT THAT WAS I FORGOT TO MENTION IT, BUT I THOUGHT, WELL, I'LL MENTION IT ANOTHER TIME. LIKE I DON'T HAVE AN AIRPORT ZONE. THAT WOULD BE COOL, BUT THAT'S A WHOLE CAN OF WORMS. SO MY THIRD MONTH I MENTIONED THAT TO YOU, GARY. THAT'S TRUE, THAT'S TRUE. SO SOMETIMES EVERYONE WANTS THEIR OWN ZONING AND EVERYBODY DOES. YEAH. I'LL JUST SAY, YOU KNOW, SOMETIMES I ASK QUESTIONS THAT I ALREADY KNOW THE ANSWER TO AS A MATTER OF GETTING THAT INFORMATION INTO THE PUBLIC RECORD. IT'S NOT BECAUSE I DON'T TRUST YOU GUYS. IT'S BECAUSE I DO. HONESTLY. IT'S BECAUSE WE GOT THAT. OKAY. YEAH. WHEN I ASK YOU LIKE, HEY, WHY IS THIS GOING TO BE ZONE IF IT'S NOTHING CAN BE BUILT THERE IS BECAUSE I KNOW WHAT YOUR ANSWER IS GOING TO BE IS LIKE, HEY, IT'S BECAUSE THE AIRPORT OVERLAID, THE REST OF THE AIRPORT IS ON THIS WAY, AND WE DON'T HAVE THAT ELSEWHERE IN THE ZONING CODE. RIGHT? YEAH, YEAH, I THINK THAT'S GREAT. IF YOU DO HAVE SORT OF A CRAZY QUESTION. WE DO LIKE THAT IN ADVANCE, BUT WE'LL WE'LL DO THE BEST WE CAN WITH CRAZY STUFF IN THE MEETING. SO THANK YOU SO MUCH. OKAY. WELL THANKS EVERYONE AND LOOKING FORWARD TO THE YEAR
* This transcript was compiled from uncorrected Closed Captioning.