[Call to Order and Roll Call] [00:00:11] QUARTER OF THE WORK SESSION OF THE CITY OF IDAHO FALLS WORK COUNCIL AND MAYOR. CLERK, WOULD YOU PLEASE CALL THE ROLL AND ESTABLISH A QUORUM? CITY COUNCIL, COUNCIL PRESIDENT FRANCIS HERE. COUNCILOR RADFORD PRESENT. COUNCILOR ZELDMAN HERE. COUNCILOR FREEMAN HERE. COUNCILOR LARSON, COUNCILOR LEE. RIGHT. COUNCILOR LARSON IS AWAY ON FAMILY AND THE MAYOR IS AWAY ON TRAVEL. AND COUNCILOR LEE WILL BE HERE. ALL RIGHT, SO WE DO HAVE A QUORUM SO WE CAN [City Council, Mayor Pro Tem] START. FIRST IS DISCUSSION AND ANNOUNCEMENTS. AND I HAVE A COUPLE ODDS AND ENDS. BUT LET'S GO AROUND FIRST. JOHN, CAN YOU TALK A LITTLE BIT ABOUT THE MARKET? YEAH. OKAY. IT WAS IT WAS GOOD. I, IT WAS NICE TO REALIZE I GOT MY FIRST SUNBURN TOO, BECAUSE THAT NICE BALD SPOT. BUT IT'S FUN TO KNOW THE SUN WAS OUT. IT WAS NICE. IT WAS A PLEASANT MORNING AND IT WAS BUSY. BUT I WILL SAY THAT WE PROBABLY NEED TO LOOK AT MAYBE MAKING US PART OF THE FARMERS MARKET, BECAUSE PEOPLE HAD A HARD TIME. I WAS STANDING NEXT TO A SIGN AND I'M I GUESS I DON'T LOOK ALL THAT CITY COUNCIL ISH BECAUSE YOU THEY WERE SAYING JIM HAD A LOT MORE PEOPLE TALK TO HIM THAN I. BUT MAYBE I DON'T KNOW IF THAT'S AN OPTION BECAUSE THEY ALREADY HAVE THEM PLANNED OUT. OR MAYBE WE CAN BE ON THE WAITING LIST OR SOMETHING. I'LL REACH OUT ON THAT. COUNCILMAN FRANCIS AND I TALKED A LITTLE BIT ABOUT THAT THIS AFTERNOON, SO WE'LL SEE IF WE CAN ADDRESS THAT FOR THIS COMING SATURDAY. DID YOU FEEL THE SAME WAY? A LITTLE BIT LIKE IT WAS LIKE. AND THEN WE WERE AT A CORNER WHERE WE DIDN'T QUITE. PEOPLE WERE TURNING AND NOT NECESSARILY GOING PAST US, BUT BUT WE HAD GOOD DISCUSSIONS AND I THOUGHT IT WAS USEFUL, USEFUL. I MET SOME CITY EMPLOYEES WHERE I WOULDN'T HAVE MET THEM OTHERWISE EITHER. RIGHT. THAT'S KIND OF FUN. THAT'S COOL. YEAH, THEY DID GIVE ME A HARD TIME JUST FOR THE OTHER DIRECTORS TO KNOW. CAN I WEAR MY I WEAR SHIRTS RIGHT THAT ARE IDAHO FALLS, BUT MOST OF THEM ARE FIBER AND POWER. AND SO THIS GUY WAS LIKE, DO YOU HAVE ANY OTHER FRUITS YOU ARE. ANYWAY, I DO LIKE THE CONCEPT OF BEING AT THE MARKET AND I THOUGHT IT WAS A. YOU THOUGHT MAYBE NEXT TIME IF WE HAD A TABLE WITH SOME NOT GOING OUT AND PRINTING THEM, THEY'RE ALREADY DONE. BUT WE HAVE SOME ODDS AND ENDS WITH TRIFOLD. SO LIKE THE THE RIVER, I THINK. DON'T YOU THINK A COOL ONE TO HAND OUT WOULD BE THE TRAILS AND THE TRAIL MAP? THAT WOULD BE FUN. PARKS AND REC USUALLY HAS LIKE THEIR LITTLE TON OF THEM. YEAH, YEAH. THEIR GUIDE, VARIOUS DEPARTMENTS HAVE THINGS WE CAN GIVE OUT. SO SO YEP. SO I'LL FOLLOW UP WITH THE DEPARTMENTS. AS I SAID, WE KIND OF TALKED A LITTLE BIT ABOUT THAT AND HAVE SOME OTHER MATERIALS FOR SATURDAY. AND THEN JUST I'LL CONTINUE JUST TO KIND OF REACH OUT FOR COUNCIL MEMBERS WITH THOSE, THOSE DATES WE'VE IDENTIFIED AND SEE IF WE CAN GET TWO PEOPLE DIFFERENT TIMES OF THE DAY. AND I MEAN, ORIGINALLY, I ALSO HAD THE CONCEPT THAT WE WOULD HAVE A DIRECTOR THERE SOMETIMES, I DON'T KNOW, ASKING THEM TO WORK ON A SATURDAY KIND STINTS AND THEY WOULDN'T HAVE TO DO IT. BUT IF THEY CAN MODERATE, YOU KNOW, TAKE SOME TIME OFF IN THE WEEK. AND MY PLAN WAS TO KIND OF GET THROUGH THIS NEXT WEEK OF BUDGET MEETINGS BECAUSE WE THE BUDGET DEADLINE WAS SO EARLY. WE'VE HAD A LOT OF DIRECTORS THAT HAVE BEEN WORKING LONG, ODD HOURS TO TRY AND GET THEIR BUDGET INFORMATION PULLED TOGETHER. BUT I THINK AS WE CONTINUE THROUGH THE SUMMER, WE'LL LOOK FOR MAKE THOSE OPPORTUNITIES AVAILABLE TO THE DIRECTORS AND SEE WHAT WE CAN DO. AND THEN I THINK IT COULD BE AS SIMPLE AS HAVING A THE TENTS, THEY ALL HAVE, YOU KNOW, THE LITTLE SHADE WITH OUR IDAHO FALLS MEDIA THING IN THE BACKGROUND. YOU KNOW HOW YOU HAVE THAT THE THE PULL UP THAT JUST HAS THE SHADOW FALLS MEDIA LIKE WE DO FOR PRESS CONFERENCES AND STUFF, OR BECAUSE THE SIGN WE HAD LOOK TOO MUCH LIKE ALL THE OTHER SIGNS THAT THEY HAVE THROUGHOUT THE MARKET SAYING, LOOK HERE ON THE MAP, IT JUST DIDN'T. FOR SOME REASON, I THOUGHT IT WAS A WELL DESIGNED SIGN. AND IT WASN'T. IT WASN'T THE SIGN WHEN WE WERE KIND OF JUST BALANCING THAT SORT OF OFFICIAL PRESENCE WITH SORT OF MORE OF AN INFORMAL KIND OF CONNECTION AT THE MARKET, BUT WE'LL CONTINUE TO KIND OF FINE TUNE THINGS, AND I'LL SEE WHAT I CAN PULL TOGETHER FOR THIS COMING WEEKEND, BECAUSE I THINK MR. LARSON HAD SIGNED UP TO WORK, AND I THINK YOU HAD ALSO INDICATED YOU. YEAH, WOULD WOULD WORK. SO WE'LL HAVE THOSE TWO. AND AS I SAID, I'LL TRY AND PULL TOGETHER SOME MORE PIECES FOR THAT. AND I THINK EVERYONE CAN JUST SHOW UP. IF WE GET TO FOUR WE'LL BREAK UP. I IT'S NICE TO BE ABLE TO WALK THE MARKET A LITTLE TOO. I DID THAT AND THEN I THINK ANY SWAG THAT WE HAVE STICKERS CHEAP LIKE EVEN. YEAH. IF WE'VE GOT SOME IDAHO FALLS STICKERS, I'M NOT SURE IF WE'VE GOT WATER TOWER ONES LEFT, BUT I WAS [00:05:05] GOING TO LOOK AT THOSE. AND THEN I KNOW WE HAD DONE SOME FOR FIRE DEPARTMENT, SO I'LL CHECK WITH OUR FIRE PIO2 AND SEE IF WE'VE GOT SOME IN. POLICE HAS SOME, SO I'LL CONTINUE TO KIND OF GATHER THINGS. AND EACH WEEK I THINK WE'LL GET A LITTLE BETTER AS WE AS WE GO. IT WAS JUST IT WAS PLEASANT. NO ONE YELLED AT ME, THANK YOU FOR. WERE YOU THERE ALL DAY? SO THANK YOU. WERE YOU THERE ALL DAY? HE WAS THERE EARLY AND THEN I WAS THERE MOST OF THE REST OF THE DAY. 1102 ARE THERE THINGS FOR DISCUSSION? I HAVE A COUPLE MORE, BUT I'LL WAIT TILL. OH, I JUST WANTED TO REMIND YOU ABOUT THE PARK COMMUNITY OUTREACH COMING UP ON MAY 6TH. I HAVE IT RIGHT HERE. MAY 12TH. YEAH. IT'S THIS. IT'S THE 12TH AT 5 P.M. OKAY. AND THEY'RE JUST TRYING TO GET INPUT WHAT PEOPLE WOULD LIKE TO SEE IN THAT PARK. MORE THAN ANYTHING, THE PARK IS GOING TO BE DEVELOPED AT NINE ACRES. AND IT'S, IT'S WE'RE STILL LOOKING FOR INPUT. WHERE'S THAT BEING HELD? AT THE PARK ITSELF? AT THE PARK. OKAY. AND IF I CAN JUMP IN, SET UP STARTS AT FIVE. BUT THE EVENT ITSELF IS FROM 6 TO 730. WE'RE GOING TO DO OUTREACH IN THE NEIGHBORHOOD WITH SOME DOOR HANGERS OR FLIERS. WE'VE ALSO BEEN WORKING WITH CEA TO GET HOPEFULLY GET SOME STUDENTS INVOLVED IN THAT INPUT PROJECT. AND, AND THEN WE'LL GO FROM THERE. AND IS THERE A SOD LAYING PARTY TO COMING UP FOR THE PARKS AND REC FOR THAT BY RYDER PARK? I SAW SOMETHING ON JUST. YES, THERE IS. OKAY. THAT'LL BE ON JUNE 2ND. IT'S. SO IT'S A WAYS AWAY. THAT'S RIGHT. YEAH. WE HAVE TO GET THE IRRIGATION IN FIRST. IT'S. THAT WAS REALLY FUN WHEN WE DID IT FOR HERITAGE. YEAH. ANYTHING ELSE? THAT'S ALL I HAVE. I WAS GOING TO MENTION THE EARLY VOTING. EARLY VOTING HAS BEGUN. SO I VOTED ALREADY. I VOTED THIS MORNING. BEAUTIFUL. EARLY VOTING HAS BEGUN. BONNEVILLE COUNTY ELECTIONS ON CAPITAL. CAPITAL. YES. EIGHT FIVE. PLEASANT EXPERIENCE. THEY MAKE IT EFFICIENT. THEY MAKE IT VERY EFFICIENT. FIVE MINUTES. BUT THERE IS A PRIMARY ELECTION ON MAY 19TH. SO IT'S A EARLY VOTE FOR A COUPLE OF WEEKS. AND IT'S FAST AND CONVENIENT. THAT'S IT. OKAY, SO A COUPLE OTHER THINGS. SOME TIME AGO, A COUPLE OF WEEKS AGO, I MENTIONED THAT THERE WAS WE ALL HAD A LETTER FROM A COUPLE THAT WERE WORRIED OR HOPING THAT WE COULD EXTEND THE 48 HOUR RULE FOR RV PARKING ON THE STREET. AND I ASKED THE POLICE CODE ENFORCEMENT GROUP IF THEY WHAT THEIR THOUGHTS ABOUT IT WERE. THE ANSWER FROM CODE ENFORCEMENT IS THEY ARE VERY COMFORTABLE WITH WHAT IT IS. SO UNLESS THERE'S OTHER PRESSURE FROM OTHER COUNCIL MEMBERS, THEY THINK IT'S A GOOD IDEA OF PEOPLE JUST STICK WITH WHAT WE HAVE. UNLESS I'M HEARING SOMETHING DIFFERENT IS THERE. I REMEMBER THE EMAIL. I DON'T RECALL WHAT THEIR ARGUMENT WAS OTHER THAN IT WOULD JUST BE JUST IT TAKES THEM LONGER THAN 48 HOURS TO ACTUALLY CLEAN OUT THEIR RV, GET IT ALL SET UP AND GET READY FOR THEIR NEXT TRIP. AND I MEAN. NOT THAT THAT'S WRONG IN ANY WAY, BUT WE. AND CODE ENFORCEMENT, I THINK, TRIES TO BE FAIR ON NOT BEING ABSOLUTELY TO THE MINUTE STRICT. BUT. I THINK MOST OF THE TIME THAT WHEN CODE ENFORCEMENT GETS INVOLVED, IT'S BECAUSE OF A NEIGHBOR THAT'S CALLED BECAUSE THEY HAVE SOMETHING PARKED ON THE STREET FOR A LONG TIME. SO IF THESE GUYS AREN'T DON'T HAVE THEIR NEIGHBORS CALLING CODE ENFORCEMENT, THEN THEN THEY, YOU KNOW, I MEAN, THEY'RE GOING TO I'M NOT ENCOURAGING THEM TO BREAK THE ORDINANCE, BUT, YOU KNOW, IF IT TAKES YOU 72 HOURS TO GET AROUND TO CLEANING YOUR MOTOR HOME AFTER A TWO WEEK TRIP, RIGHT. AND IT TAKES A WHOLE DAY TO DO IT KIND OF A THING. THEN, YOU KNOW, THAT'S PROBABLY GETS ALLOWED. I MEAN, PROBABLY, YOU KNOW, IT HAPPENS LIKE THAT. SO I DON'T SEE ANY REASON TO CHANGE IT. I MEAN, USUALLY, I MEAN, MY EXPERIENCE WHEN I'VE TALKED TO CODE ENFORCEMENT IS WHEN THESE CALLS COME, IT'S NOT THE FIRST TIME, RIGHT? IT'S NOT LIKE THEY SEE IT HAPPEN ONE TIME. THEY SEE IT, THEY'RE USUALLY FOR AT LEAST A WEEK BEFORE THEY EVEN BOTHER CALLING. YEAH, I JUST LOOKED UP ONLINE. IT SAYS 72 HOURS IS THE DE FACTO NATIONAL NORM, BUT 72 HOURS IS THE NORM. BUT THEY SAID IT'S ANYWHERE FROM NOTHING TO 24 AND 48. I'M FINE WITH 48, BUT I WOULD ALSO BE FINE WITH SOMEONE BEING ABLE TO CALL CODE ENFORCEMENT AND SAYING, IT'S GOING TO TAKE ME LONGER TO UNDERSTAND, YOU KNOW, LIKE THERE'S SOME MIDDLE GROUND THERE. WORK WITH THEM. YEAH, OKAY. I CAN BE PROACTIVE ABOUT [00:10:01] CALLING IT AND SAYING, I'M GOING TO HAVE THIS PARKED HERE FOR FIVE DAYS. SPEAKING OF THAT, AND I DON'T KNOW HOW TO HANDLE THIS BECAUSE IT'S A PUBLIC MEETING AND WE DON'T REALLY WANT TO WORK TOWARDS SOMETHING, BUT WE DO NEED TO SCHEDULE SOMETHING. PROBABLY THE LETTER THAT ON JEFFERSON STREET IS PRETTY AGGRESSIVE. YEAH, YEAH. AND SO I DON'T KNOW WHEN WE WANT TO TALK ABOUT THAT OR HOW TO GET IT OR HOW OR WHAT WE WANT TO DO, OR START WITH THE LIAISONS. YEAH. WELL, IN THE INTERIM, DIRECTOR CHRIS CANFIELD ACTUALLY REACHED OUT TO OUR COMMS TEAM THIS WEEK TO TAKE A LOOK AT THOSE CODE ENFORCEMENT LETTERS. AND WE HAVE A MEETING SCHEDULED, I BELIEVE THIS WEDNESDAY TO TO REVIEW THOSE AND TALK THROUGH THOSE. SO PUBLIC WORKS IS BEING VERY PROACTIVE ABOUT SORT OF WORKING WITH CODE ENFORCEMENT TO, TO RELOOK AT SOME OF THOSE. I'LL EMAIL YOU WHAT MY. TWO THAT I THOUGHT WE COULD DO BETTER ON THAT. THAT'D BE GREAT. I DON'T KNOW IF CHRIS CAN. MR. CANFIELD WANTS TO ADD ANYTHING AT ALL OR. NO THANKS. YEAH. I'LL TALK TO CHIEF JOHNSON ALSO, BECAUSE WE'VE TALKED ABOUT THIS, HE HAS A SERGEANT WHO'S RESPONSIBLE SERGEANT FOR CODE ENFORCEMENT. AND THAT ONE OF THE THINGS THEY WORKED ON IS IT'S TOO STRICT AND THEY RECOGNIZE THAT. BUT WE HAVEN'T BROUGHT IT ONE MORE PROJECT. IT'S IN THE WORKS. SO THAT WAS THAT WOULD BE A WHILE. SO YEAH, SO THAT'S SOME THINGS TO KEEP WORKING TO TRY TO MAKE SURE WE GET IT RIGHT. SPEAKING OF THAT PROJECT, WORK ON THE ALCOHOL ORDINANCE HAS BECOME HERCULEAN, BUT IT IS IN THE WORKS. AND I THINK THE FIRST TIME WE WILL REVIEW IT IN COUNCIL IS TENTATIVELY PLANNING FOR AN EMPHASIS ON THE WORD UNDERLYING. TENTATIVE JUNE 1ST, ACCORDING TO OUR SCHEDULE. AND SO THAT LEGAL DEPARTMENT IS WORKING LIKE CRAZY TO GET THAT SET. AND IT'S A LOT OF WORK. I JUST ONE OTHER THING I'VE MENTIONED, I'VE BEEN HEARING THAT THERE WILL BE QUITE A FEW PEOPLE ON THURSDAY'S MEETING ABOUT JEFFERSON. SO IT MAY BE THAT YOU MAY WANT TO HAVE A STATEMENT READY FOR THE MAYOR TO READ. OR ARE YOU RUNNING THE MEETING THEN SOMEONE TO READ UP FRONT SO PEOPLE KNOW THAT WE ARE TRYING TO RESPOND. AND THANKS FOR THAT. THANKS FOR THE HEADS UP. WE'LL MAKE SURE WE PUT SOMETHING TOGETHER, OKAY? OKAY. THEN TWO OTHER THINGS. ONE, THIS IS MINOR, BUT MAYBE TWO WEEKS AGO, MAYOR GAVE OUT THE BUDGET SCHEDULE. DID EVERYONE GET A BUDGET SCHEDULE? DO YOU EVERYBODY HAVE ONE? DO I MAKE COPIES? I'D LIKE ONE. YEAH, I GOT ONE. A DIGITAL ONE'S FINE, BUT. OH, DO YOU HAVE IT? DO YOU HAVE ONE? AND I'LL SCAN IT. YOU CAN HAVE THIS ONE. AND LAST THING, THIS IS KIND OF A PROCEDURE ONE FOR COUNCIL THAT DO WE WANT TO GO BACK TO THAT WHERE WE WERE PRETTY, PRETTY TIGHT ON. THE MOTION IS MADE BY THE LIAISONS AND SECONDED. I THINK WE'VE WORKED IT OUT FOR THE CONSENT AGENDA AND WE'RE GOOD TO GO. MUNICIPAL SERVICES LIAISONS GOT CONSENT AGENDA FIRST AND SECOND MOTIONS. BUT THERE'S A BIT OF CHAOS THAT DIDN'T USED TO BE THERE SOMETIMES. AND I JUST WONDER IF WE WANT TO STICK TO THE PLAN THAT WE PUT IN PLACE MAYBE 4 OR 5 YEARS AGO OF THE LIAISONS. DO THE MOTIONS IN THE SECOND, UNLESS SOMEBODY JUST IS NOT INTERESTED IN SECONDING THE MOTION OR WHATEVER AND MAKE IT. THAT'S OUR PROCEDURE. SO THE CHAIR OF THE MEETING, THE MAYOR OR WHOEVER'S CHAIRING IT, KNOWS EXACTLY WHO TO LOOK TO WHEN IT COMES TO THE MOTIONS. OR DO WE WANT TO LET IT BE MORE FORMAL? I WILL SAY ONE PIECE OF FEEDBACK I'D HEARD FROM PEOPLE DURING THE ELECTION IS THAT THEY FELT LIKE, BECAUSE IT WAS SO FORMAL THAT IT DIDN'T REALLY BUILD TRUST, IS THAT SOMETHING YOU HEARD? WERE YOU IN THOSE CONVERSATIONS? NOT PRECISELY THAT ONE. I THINK THAT'S KIND OF INTERESTING, BUT I DON'T KNOW. BECAUSE READING THE MOTIONS IS SOMETHING I WOULDN'T WANT TO GET AWAY FROM BECAUSE I WANT THEM TO BE RIGHT. AND FOR THE FLOW OF THE MEETING. I DO LIKE NOW THAT WE'RE NOT LIKE ALWAYS ASKING FOR THE VOTE THAT WE JUST ASSUME, AND THAT'S MADE IT FLOW A LITTLE BETTER. WHAT ARE YOUR GUYS'S THOUGHTS? YEAH, I AS FAR AS DOING THE MOTIONS, I MEAN, YEAH, I THINK THE LIAISONS OUGHT TO BE I MEAN, THE WAY WE'VE DONE IT IN THE PAST IS THE LIAISON WILL GO UP AND SAY, I MEAN, I'LL JUST GO UP TO THE MAYOR AND SAY, I'LL BE DOING THIS MOTION, AND SHE CAN MAKE A NOTE OF THAT, AND THEN I'LL ARRANGE FOR MY SECOND. BUT BUT WE A LITTLE BIT AWAY FROM IT BECAUSE THE CLERK HAS SOMETIMES SAID WHO WAS SECOND. RIGHT. YEAH. RIGHT. AND THAT I GET IT, THE IDEA WE LOOK LIKE [00:15:06] WE'RE CRISP. WE KNOW WHAT WE'RE DOING, BUT IT. THAT WAY WE THE. THE SECOND IS A VOICE THAT THE CLERK CAN HEAR. AND IT'S, IT'S REALLY A CLERK ISSUE. YEAH. AND IT ALSO IS INTERESTING BECAUSE WE HAVE ENOUGH PEOPLE GONE AT TIMES. THAT'S WHERE THE SECOND THE SYSTEM DOESN'T ALWAYS BUILD IN BECAUSE YOU'RE NOT THE SECOND ISN'T THERE. SO I WOULD SAY. THE SMOOTHEST WAY I CAN THINK OF IS IF THE OTHER LIAISON PERSON ISN'T THERE, THEN WHO'S EVER GOING TO MAKE THE MOTION FOR LIAISON, ARRANGING SOMEBODY INTO A SECOND? AND THAT WAY WE ALWAYS KNOW WHOEVER'S DOING IT SECOND IS BASICALLY SUPPORTIVE. YEAH. IF THEY'RE NOT SUPPORTIVE, THEY JUST SAY, I'M NOT GOING TO BE ABLE TO SECOND THAT. AND THEN YOU GET SOMEBODY ELSE TO DO IT. YEAH, BECAUSE I RAN INTO THAT A NUMBER OF TIMES BEING EXPECTED AS LIAISON TO MAKE THE MOTION, BUT I'M NOT GOING TO VOTE IN FAVOR. SO THAT'S AN AWKWARD LIKE PROCEDURALLY I DON'T LIKE THAT. YEAH. NO, I THINK IN THAT CASE, YOU SHOULD JUST SAY I'M NOT GOING TO BE ABLE TO MAKE THAT MOTION AND AND ARRANGE IT BEFORE THE MEETING. IT DOESN'T HAPPEN MUCH. BUT YEAH, AND TO BE HONEST, SOMETIMES IT'S HAPPENED IN THE CONVERSATION THAT I DON'T WANT TO VOTE FOR. I KNOW THAT DOES HAPPEN EVERY ONCE IN A WHILE. YEAH, THAT WON'T HAPPEN. IT DOESN'T HAPPEN THAT OFTEN, BUT IT DOES HAPPEN. THEN WE'VE JUST COMMUNICATED. SO I'VE JUST SAID, HEY, I'M NOT MAKING THAT MOTION. SOMEONE ELSE TAKES IT UP. I'VE JUST TAKEN TO THE GENERAL PLAN OR THE LIAISON TO THE MOTION. AND A SECOND, UNLESS THEY WORK IT OUT, UNLESS YOU'RE BY YOURSELF. YEAH. THEN YOU HAVE TO KIND OF WORK IT OUT, RIGHT? BECAUSE YOU HAVE ONE THAT'S YOU'RE BY YOURSELF, RIGHT? YEAH. OKAY. OKAY. WELL, IT KIND OF. ALL RIGHT. THAT'S ALL I HAVE. SO [Municipal Services, Parks & Recreation ] MUNICIPAL SERVICES AND PARKS REVIEW ON APPROVAL OF THE PURCHASE AND SALE AGREEMENT. EXTENSION REQUEST FOR THE BEL AIR DIVISION. NUMBER THREE PROPERTY. YEAH. THANK YOU. CITY COUNCIL PRESIDENT AND CITY COUNCIL. WE'RE BRINGING A UNIQUE ITEM FOR. WE DON'T NORMALLY BRING IN ITEMS DURING WORK SESSIONS FOR COUNCIL ACTION, BUT THIS ONE IS TIMELY. SO THERE'S SOME TIMELY REQUESTS. AND THIS WAS THE FIRST OPPORTUNITY WE HAD AFTER RECEIVING THIS REQUEST FROM THE DEVELOPER. SO I'M JUST GOING TO GO THROUGH, IF I MAY, ASK OUR CITY CLERK TO PULL UP THE SLIDES. YOU HAVE A COPY IN YOUR PACKET AND I APOLOGIZE. I WASN'T ABLE TO GET IT IN THE AGENDA IN TIME, BECAUSE I WAS WAITING FOR A COUPLE OF PIECES OF INFORMATION, BUT SO WE'RE JUST GOING TO GO OVER IT REALLY QUICKLY. I WANTED TO THANK MY COLLEAGUE OVER HERE, DIRECTOR PJ HOLM, BECAUSE AT THE CONCLUSION OF THIS SALE OF THIS PROPERTY, THE FUNDS AND THE PROCEEDS ASSOCIATED WITH THIS PROPERTY WILL GO INTO THE PARKS AND REC DEPARTMENT, SINCE THEY'RE THE CUSTODIAN, IF YOU WILL, OF THIS PARTICULAR PROPERTY. SO JUST A REMINDER, THIS IS THE PROPERTY THAT WE'RE TALKING ABOUT TODAY. HERE'S HERE'S MY LITTLE. WELL, ANYWAY, YOU CAN SEE IT UP HERE. IT'S HIGHLIGHTED IN RED. WHOOPS. ANYWAYS, HIGHLIGHTED IN RED. SO HOPEFULLY THAT LOOKS FAMILIAR TO SOME OF YOU. WE CALL IT THE BEL AIR DIVISION THREE. AND OR IS IT TWO. IT'S THREE. I WAS RIGHT AND THIS IS THE PROPERTY THAT WE'RE GOING TO TALK ABOUT TODAY. SO I'M JUST GOING TO GO OVER A FEW PIECES OF INFORMATION FOR THE PUBLIC. SO ON THURSDAY, SEPTEMBER 11TH, DURING THE REGULAR CITY COUNCIL, WE HAD CITY STAFF, WHICH WAS MYSELF AND OUR TECH BROKER, NICK TERRY, PRESENT LETTERS OF INTENT FOR THE PROPERTY. IF YOU RECALL, WE HAD A PUBLIC HEARING A FEW YEARS AGO AND IT WE DIDN'T HAVE ANY BIDDERS ON THIS PARTICULAR PROPERTY. SO A STATE STATUTE ALLOWS US TO GO INTO, IF YOU WILL, AN OPEN MARKET ARRANGEMENT. AND WE WERE APPROACHED BY TOK FOR A BROKERAGE, IF YOU WILL, ON THIS PARTICULAR PROPERTY. AND WE FELT THAT IT MADE SENSE BECAUSE IT IS COMMERCIAL ISH IN THAT AREA. AND SO WE WERE ABLE TO WORK COLLABORATIVELY WITH TOK ON THIS PARTICULAR PROPERTY. WE BROUGHT FORWARD A PURCHASE AND SALE AGREEMENT. WE REVIEWED IT WITH COUNCIL, AND WE WERE AUTHORIZED. STAFF WAS AUTHORIZED TO REPORT ON MONDAY, NOVEMBER 10TH. THIS WAS AT A CITY COUNCIL WORK SESSION FOLLOWING UP MY CHAIR, AND THEN WE HAD AND AND CLEARSTONE LLC WAS THE DEVELOPER. THAT WAS THE LETTER OF INTENT WAS ACCEPTED BY CITY COUNCIL. AND SO WE ENDED UP MOVING FORWARD WITH CLEARSTONE. AND THEIR ORIGINAL CLOSING DATE WAS APRIL 9TH. SHORTLY BEFORE THAT, ABOUT THREE DAYS BEFORE APRIL 9TH, WE ACTUALLY RECEIVED A REQUEST FOR A 30 DAY EXTENSION. WE CONSULTED WITH OUR CITY ATTORNEY, AND WE WERE ABLE TO OFFER THAT OR GRANT THAT ADDITIONAL 30 DAY WITH NO EARNEST MONEY. AND WITH THE CLOSING DATE OF MAY 9TH, WHICH IS THIS SATURDAY, WHICH IS WHY THIS ISSUE IS TIMELY, BECAUSE WE ARE ACTUALLY GOING TO GET A REQUEST FOR AN EXTENSION. SO [00:20:03] JUST A REMINDER, THIS WAS A SLIDE THAT WE WENT OVER. I DIDN'T INCLUDE THE OTHER DEVELOPERS ON THIS, BUT THIS WAS WHAT WE PRESENTED ON SEPTEMBER 11TH. SO HOPEFULLY THAT LOOKS FAMILIAR TO TO COUNCIL THE TERMS THAT WERE ACCEPTED AS PART OF THE LETTER OF INTENT WERE 120 DAYS, ONE OPTION FOR AN ADDITIONAL 30 DAYS. AND THAT'S WHY WE WERE ABLE TO OFFER THAT FIRST. EXTENSION APPROVAL. AND THEN THEY ALSO WANTED EXPEDITED REQUESTS FOR ZONING AND THE THINGS THAT OUR DEPARTMENT DOES, AND THAT THEY WOULD CLOSE 30 DAYS, APPROXIMATELY 30 DAYS AFTER DUE DILIGENCE. WELL, AS WE CAN HEAR NOW, WE'RE NOT IN THAT REALM RIGHT NOW. SO THE EXTENSION REQUEST IS THEY WOULD LIKE CLEARSTONE LLC IS WORKING THROUGH THE BROKER AT TOK. AS I MENTIONED EARLIER, THEY ARE REQUESTING 255 DAY EXTENSIONS WITH A NONREFUNDABLE DEPOSIT OF 10,000 EACH. SO EACH 55 DAY EXTENSION WILL HAVE $10,000. THEY'VE ALREADY PAID THE ORIGINAL EARNEST MONEY AT THE BEGINNING OF THIS OF THIS PROCESS WITH PROVIDED THAT THIS EXTENSION IS ACCEPTED AT THE PROPOSED TIMELINE WILL LOOK A LITTLE BIT LIKE THIS MONDAY, MAY 11TH, BECAUSE SATURDAY, MAY 9TH IS A SATURDAY. AND SO CLOSINGS DON'T HAPPEN ON ON THE WEEKENDS, BUT MONDAY, MAY 11TH, THE FIRST 55 DAY EXTENSION IF IF GRANTED AND THE DEVELOPER WILL DEPOSIT THE $10,000 NONREFUNDABLE. AND THEN THE SECOND THRESHOLD WOULD BE MONDAY, JULY 6TH IF NEEDED. A SECOND 55 DAY EXTENSION GRANTED WITH AN ADDITIONAL NONREFUNDABLE $10,000 WITH. PROVIDED THAT THEY NEED BOTH OF THOSE 255 DAY EXTENSIONS, THEN A CLOSING DATE OF AUGUST 31ST WOULD BE SCHEDULED. AND THEN I WANT TO GO OVER A COUPLE OF THINGS BEFORE I GO TO THE NEXT SLIDE, BECAUSE I DO HAVE A COUNCIL ACTION HERE. SO ONE OF THE ONE OF THE ISSUES WE'RE HAVING WITH THIS PROPERTY IS IT'S KIND OF LIKE, IT'S KIND OF LIKE A, AS DIRECTOR CALLS IT, A FUNKY PIECE OF PROPERTY. SO AS YOU CAN SEE HERE, WHEN WE LOOKED AT THE, THEY'RE KIND OF LIKE SOME OF THEM ARE THREE OF THEM ARE TOGETHER. AND THEN THERE'S ONE ACROSS WHAT LOOKS LIKE A STREET ON BENNETT AVENUE. THERE'S BEEN SOME ISSUES WITH THE DEVELOPER BEING ABLE TO KIND OF COME UP WITH A PLAN THAT KIND OF PIVOTS WHAT THEY WANT TO DO WITH THAT PROPERTY. THEY ORIGINALLY HAD IN THEIR LETTER OF INTENT TOWNHOMES. AND SO WITH THAT, THAT'S ONE OF THE REASONS WHY THEY'RE LOOKING FOR THE EXTENSION, BECAUSE THEY ARE HAVING TO WORK AROUND SOME OF THE UTILITIES THAT ARE ALREADY IN THAT AREA. SO IF I DON'T HAVE ANY ADDITIONAL QUESTIONS, THIS IS THE REQUESTED COUNCIL ACTION FOR THIS AFTERNOON. AND IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ANSWER THEM. BUT HOPEFULLY WE CAN HAVE A CONVERSATION ABOUT THIS. I HAVE A COMMENT. COUNCILOR RUTHERFORD. YOU KNOW, THIS PROPERTY IS WHERE COCA COLA JUST WENT FOR SALE. THIS SUDDENLY BECOMES A MUCH MORE INTERESTING PROPERTY FOR PEOPLE. SO I THINK THAT'S INTERESTING. I DON'T HAVE ANYTHING TO SAY ABOUT IT, BUT THAT GIVES FRONTAGE TO A ONE OF THE MOST TRAVELED ROADS IN THE CITY. I THINK LINCOLN ROAD IS FOURTH OR FIFTH MOST TRAFFICKED ROAD IN TOWN IT'S 17000 CAR FRONTS. SO THAT YOU SEE THAT WHERE ALL THE RED PICKUPS ARE. COCA COLA HAS ANNOUNCED THEY'RE MOVING BLACKFOOT AND THAT'S FOR SALE. AND SO I JUST THINK THIS PROPERTY VALUE MIGHT HAVE BEEN AN ASSESSMENT IN THE MEANTIME MIGHT BE WORTHWHILE. I DON'T KNOW WHAT THE QUESTION IS WHAT I WOULD BE INTERESTED IN YOUR. I MEAN, TO ASK FOR EXTENSIONS AND HAVE THOSE KIND OF TERMS ASSOCIATED WITH THEM WOULD BE NORMAL COURSE OF BUSINESS. YOU KNOW, MY INITIAL THOUGHT I THINK POTENTIALLY IS IF YOU GIVE IF THEY TAKE BOTH EXTENSIONS, RIGHT. AND THEN IF THEY WERE TO SAY, NOT OUR THING, NOT OUR THING, YOU'RE NOW INTO THE FALL. AND I THINK YOU POTENTIALLY MISS A QUOTE UNQUOTE KIND OF BUYING SEASON, ALTHOUGH, OR POTENTIALLY BECAUSE THAT MIGHT SELL AND THEN BE CLOSED OFF AGAIN. SO IF YOU'RE IF YOU'RE INTERESTED IN THIS PROPERTY, THEN YOU'RE INTERESTED IN THAT PROPERTY. YEAH, THERE COULD BE. AND THAT MIGHT BE SOMETHING THAT THEY'RE WORKING ON TOO IS AN EXTENSION OF THE BOTH. AND IF SO, THAT I JUST WANTED TO. YEAH, IN AND OF ITSELF, THE TERMS THEMSELVES JUST RELATING TO THIS, YOU KNOW, THAT'S TANGENTIAL TO IT. BUT I THINK, I MEAN, WHAT DOES, WHAT DOES OUR BROKER SAY? OUR BROKER IS ACTUALLY WAS ONE OF THE ONES THAT HE WAS THE ONE THAT APPROACHED THE CITY ABOUT THE 255 DAY EXTENSIONS. AND SO THAT'S WHY HE BROKE IT OUT THE WAY WE HAVE IT BROKEN OUT, [00:25:03] BECAUSE IT COULD ONLY BE 155 DAY EXTENSION. RIGHT. AND THAT'S WHAT HE ACTUALLY PROVIDED THIS TIMELINE AS WELL. I'M KIND OF CURIOUS WHY THEY WOULD EVEN MENTION THE SECOND 55 DAY EXTENSION. WHY, JUST IN CASE THEY DON'T HAVE TO COME BACK TO US FOR ANOTHER ONE. YEAH. RIGHT NOW THEY'VE GOT THEIR TWO AND THEN THEY'RE COVERED JUST WRITING A CHECK AND STUFF. I ASSUME THAT THIS IS APPLICABLE THOUGH TOWARDS THE PURCHASE PRICE. THEY'RE WHAT THEY'RE PUTTING DOWN. YEAH. YEAH. BUT IT'S A NONREFUNDABLE. SO IF THEY WALK AWAY WE WOULD POTENTIALLY HAVE $30,000. THAT'S PART OF THE NONREFUNDABLE. YEAH. AND THE, THE TOTAL AMOUNT THAT COUNCIL APPROVED WAS 2 MILLION FOR THE SALE OF THE PROPERTY. YEAH. AND THIS IS MORE NORMAL. 255 DAY. ARE WE APPROVING BOTH OF THOSE AT THIS TIME OR JUST ONE AT A TIME. WELL I GUESS WE COULD DO EITHER. BUT THEY'RE ASKING FOR BOTH THE, THE, THE RECOMMENDATION FROM THE BROKER IS TO ASK THE COUNCIL TO APPROVE BOTH THE THIS AFTERNOON IF POSSIBLE. BUT OBVIOUSLY YOU CAN APPROVE ONE AND NOT THE OTHER. I THINK THE ONLY REASON WE WOULDN'T GRANT IT TO MY OPINION IS HOW ARE YOU DOING? NO PROBLEM IS IF WE FEEL LIKE THE $2 MILLION PRICE THAT WE'VE AGREED TO IS. WE THINK THAT THERE'S ACTUALLY THE MARKET HAS INCREASED TO A POINT THAT WE'RE LIKE, NO, EITHER EITHER GO OR WE'RE TAKING THIS BACK TO MARKET. THAT WOULD BE OUR ONLY RATIONALE FOR, I THINK, NOT MOVING FORWARD. IF WE FEEL LIKE, HEY, THEY'RE MOVING FORWARD IN GOOD FAITH TOO, THEN I THINK, YOU KNOW, AN EXTENSION IS NOT I WOULD HAVE NO ISSUES WITH AN EXTENSION. SO IF WE PASS THIS MOTION, WE'RE AUTHORIZING THEM TO HAVE BOTH IF THEY NEED IT, BUT ONLY ONE IF THEY CHOOSE. IF THEY GET IT DONE IN 55 DAYS, THEY COULD CHOOSE TO NOT RESPONSIBLE FOR THE SECOND EXTENSION. CORRECT. THAT WOULD BE AN AREA COUNCIL PRESIDENT. THAT IS CORRECT. THEY WOULDN'T PAY IT UNTIL THEY NEEDED IT. I'M OKAY WITH THAT. I HAVE A MOTION. SURE. I'LL MOVE TO APPROVE THE EXTENSION REQUEST AND AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE NECESSARY DOCUMENTS. SECOND. CLARK, CAN YOU CALL THE ROLL? I LI. YES. KINGMAN. YES. FREEMAN. YES. RADFORD. HI. MOTION. AND [Parks & Recreation ] WE'RE ON TO PARKS AND REC. RIGHT AT THE TABLE. OUR TREE ORDINANCE CHANGES. YEP. THANK YOU. COUNCIL PRESIDENT FRANCIS, I'D LIKE TO WELCOME UP A COUPLE OF MY STAFF MEMBERS HERE THAT ARE THAT ARE HERE TO TALK ABOUT THE ORDINANCE CHANGES TODAY. I'LL JUST SIT HERE FOR A COUPLE OF DIFFERENT ITEMS AND HARDLY EVEN HAVE TO SPEAK. SO THIS IS KIND OF DIFFERENT TODAY. BUT AS YOU SEE, WE'VE HAD A LARGE OVERHAUL OF THE TREE ORDINANCE FROM WITHIN OUR OUR CITY CODE. LOTS OF GRAMMATICAL ERROR OR A LOT OF LOTS OF GRAMMATICAL CHANGES, LOTS OF STRUCTURAL CHANGES THAT JUST ALIGN IT WITH OTHER CODE WITHIN OUR, OUR, WITH OTHER ORDINANCES WITHIN OUR CODE. BUT YOU'LL ALSO SEE THAT THERE'S A LOT OF CATEGORY CHANGES AND JUST SOME, SOME, A BIT OF CHANGE TO THE BODY OF IT AS WELL. AND SO WITH ME TODAY IS JOSH STEVENS, OUR PARK SUPERINTENDENT. I THINK YOU GUYS ARE ALL VERY AWARE OF JOSH AS WELL AS LEE WASHBURN, WHO IS OUR CITY FORESTER. AND I'M GOING TO TURN IT OVER TO THESE GUYS TO GO AHEAD AND WALK US THROUGH A LOT OF THE CHANGES WE DO HAVE AN HOUR PERMITTED FOR FOR THIS ON THE AGENDA. I DON'T KNOW THAT IT WILL TAKE THAT AMOUNT OF TIME. OBVIOUSLY, I'VE GOT ABOUT AN 18 PAGE ORDINANCE HERE THAT WILL WILL WALK THROUGH, BUT I'M HAPPY TO ANSWER QUESTIONS AND HAPPY TO BE AS AS COLLABORATIVE AS WE AS WE NEED TO BE TODAY. SO HAND IT OVER TO THESE GUYS AND GO FROM THERE. EVERYONE. THIS HAS BEEN A WORK IN PROGRESS. WE HAD A TON OF HELP FROM ZACH, SO THANK YOU. IT STARTED WITH SHADE TREE COMMITTEE WANTED SOME SOME CHANGES. SO WE GOT TO WORKING ON SOME CHANGES. AND AS TIME WENT, BECAUSE WE WERE WORKING ON IT, WE HAD TO HAVE CERTAIN [00:30:07] TREE COMPLAINTS OR CERTAIN THINGS COME UP. AND EVERY TIME WE THOUGHT WE WERE ABOUT DONE, SOMETHING ELSE WOULD COME UP. SO IT'S WE'VE BEEN WORKING ON IT FOR OVER A YEAR, BUT WE'RE HOPING WE CAN FINALLY PUT IT TO REST HERE SHORTLY AND MOVE ON. SO. FOR STARTERS, IN THE WHEREAS SECTION, THERE'S BEEN A LOT ADDED TO THAT, WHICH WE'RE REALLY GOOD ADDITIONS. THEY WERE SUGGESTIONS FROM COUNCILMAN RADFORD, WHICH WAS REALLY GOOD SUGGESTIONS. THERE'S SOME THERE'S A NOD TO YOUR FAMILY. THERE IS. YEAH, THERE'S A WHOLE PARAGRAPH THERE. YEAH. YOU AND THE VILLAGE IMPROVEMENT SOCIETY BOTH GOT A MENTION AS TO THEIR COMMITMENT TO TREES AND THE PALISADES. OKAY. AND ONE OF THE WAREHOUSES. YEAH. SO. I'LL GO THROUGH THE WHEREASES BECAUSE TONS OF THEM ARE NEW ADDITIONS, WHEREAS THE CITY OF IDAHO FALLS CITY, BECAUSE THAT'S WHAT IT'S GOING TO BE IN THE DEFINITIONS LATER RECOGNIZES THAT TREES AND PLANT LIFE ARE CRITICAL INFRASTRUCTURE FOR A LIVABLE COMMUNITY, PRODUCING OXYGEN, IMPROVING AIR QUALITY AND SUSTAINING ENVIRONMENTAL SYSTEMS UPON WHICH HUMAN LIFE DEPENDS. AND WHEREAS A HEALTHY AND WELL-MANAGED URBAN FOREST PROVIDES MEASURABLE ECONOMIC BENEFITS, INCLUDING INCREASED PROPERTY VALUES, REDUCED INFRASTRUCTURE COSTS, LOWER ENERGY CONSUMPTION, AND ENHANCED COMMERCIAL ACTIVITY. AND WHEREAS THE PRESENCE OF TREES AND GREEN INFRASTRUCTURE HAS BEEN ASSOCIATED WITH REDUCED CRIME RATES, IMPROVED PUBLIC SAFETY AND CALMER TRAFFIC PATTERNS. AND WHEREAS TREES AND VEGETATION CONTRIBUTE TO PUBLIC HEALTH BY FILTERING AIRBORNE POLLUTANTS, CAPTURING PARTICULATE MATTER AND IMPROVING OVERALL AIR QUALITY. AND WHEREAS, EMERGING RESEARCH INDICATES THAT TREES AND VEGETATION RELEASE NATURALLY OCCURRING BIO COMPOUNDS, OFTEN REFERRING TO AS PHYTONCIDES PHYTONCIDES NOT NECESSARY, WHICH HAVE BEEN ASSOCIATED WITH ANTIMICROBIAL ACTIVITY AND POTENTIAL HUMAN HEALTH BENEFITS. STUDIES SUGGEST THAT THESE COMPOUNDS MAY CONTRIBUTE TO IMPROVE IMMUNE FUNCTION AND OVERALL WELL-BEING, FURTHER SUPPORTING THE PUBLIC HEALTH VALUE OF URBAN TREE CANOPY. AND WHEREAS, THE PRESERVATION AND EXPANSION OF TREE CANOPY REDUCES STORMWATER RUNOFF, MITIGATES URBAN HEAT ISLAND EFFECTS, REDUCES WIND AND EROSION, PROTECTS BOTH PUBLIC AND PRIVATE INFRASTRUCTURE. AND WHEREAS THE IMPROPER PLANTING AND NEGLECT OF TREES CAN LEAD TO INCREASED PUBLIC EXPENSE, INFRASTRUCTURE DAMAGE, ENVIRONMENTAL DEGRADATION AND DIMINISHED QUALITY OF LIFE, WHICH CANNOT BE. AND WHEREAS THE CITY RECOGNIZES THE LONG STANDING LOCAL TRADITION OF TREE PLANTING AS CRITICAL INFRASTRUCTURE, INCLUDING EARLY EFFORTS LED BY THE VILLAGE IMPROVEMENT SOCIETY, WHOSE WORK HELPED ESTABLISH AND SHAPE THE COMMUNITY'S URBAN LANDSCAPE AND SET A PRECEDENT FOR CIVIC STEWARDSHIP OF PUBLIC SPACES AND NATURAL RESOURCES, INCLUDING TREES, WHICH HISTORIC EFFORTS CONTRIBUTE TO THE DEVELOPMENT OF TREE LINED STREETS, PARKS AND PUBLIC SPACES, REINFORCING THE VALUE OF TREES AS INTEGRAL TO THE CITY'S IDENTITY, LIVABILITY AND ECONOMIC VITALITY. AND WHEREAS THE CITY FURTHER RECOGNIZES THE CONTRIBUTIONS OF INDIVIDUALS AND COMMUNITY EFFORTS THAT HAVE SHAPED ITS URBAN FOREST, INCLUDING RUSS FREEMAN, WHO LED, PARTICIPATED IN AND PARTICIPATED IN EFFORTS TO SALVAGE AND RELOCATE TREES IMPACTED BY THE CONSTRUCTION OF PALISADES PARK, PRESERVING VALUABLE NATURAL RESOURCES THAT MIGHT OTHERWISE HAVE BEEN LOST, WHICH SALVAGED TREES WERE REPLANTED WITHIN THE COMMUNITY, CONTRIBUTING TO ESTABLISHMENT AND ENHANCEMENT OF PROMINENT PUBLIC SPACES, INCLUDING THE RIVERWALK AND PINECREST GOLF COURSE, WHERE THEY CONTINUED TO PROVIDE ESTHETIC, ENVIRONMENTAL AND PROTECTIVE BENEFITS. AND WHEREAS SUCH HISTORIC AND ONGOING EFFORTS REFLECT A LONG STANDING ETHIC OF CONSERVATION, STEWARDSHIP AND COMMUNITY INVESTMENT IN THE URBAN FOREST, REINFORCING THE IMPORTANCE OF PRESERVING AND ENHANCING TREE CANOPY FOR FURTHER GENERATIONS. [00:35:07] AND WHEREAS, ESTABLISHING CLEAR STANDARDS AND REGULATIONS GOVERNING THE PLANTING, PRESERVATION, MAINTENANCE AND REMOVAL OF TREES SUPPORTS THE LONG TERM SUSTAINABILITY, RESILIENCE AND CONTINUED GROWTH OF THE CITY'S URBAN FOREST. AND WHEREAS, THE CITY DESIRES TO CLARIFY CERTAIN CODE SECTIONS REGARDING MAINTENANCE OF TREES AND OTHER VEGETATION. WHEREAS, THE CITY DESIRES TO INCREASE TRAFFIC SAFETY BY MAKING PROPERTY OWNERS RESPONSIBLE FOR REMOVING VEGETATION, OBSTRUCTING TRAFFIC CONTROL DEVICES. MR. WASHBURN, I'M GLAD YOU READ THAT BECAUSE WE DIDN'T GET THIS UNTIL THE WEEKEND AND IT WASN'T IN THE PACKET. YEAH, BUT GOING FORWARD FROM HERE, WHY DON'T YOU TELL US WHAT THE HIGHLIGHTS ARE? YEAH. WE'LL ASK YOU A BUNCH OF QUESTIONS. ABSOLUTELY. THAT WAS MY PLAN, SO THANK YOU. OKAY. JUST THESE I THOUGHT MIGHT BE KIND OF IMPORTANT. I THINK THEY'RE CRUCIAL TO WHY WE'RE LOOKING AT THIS RIGHT NOW. AND THEY EXPRESS A LOT OF THE PHILOSOPHY OF THE CITY GOING BACK TO THE VILLAGE IMPROVEMENT SOCIETY. SO RADFORD MIGHT HAVE HAD SOME INFLUENCE ON THIS. YEAH. JUST SAYING. I THINK THAT MIGHT BE TRUE. OKAY. ALL RIGHT. TEACH US. SO WE CHANGE THE CA3 HUNDRED STANDARD. IT PREVIOUSLY WAS THE 2001 VERSION. IT'S NOW THE 2017 EDITION WHICH IS THE NEWEST VERSION. SO THE MOST CURRENT. SO THAT'S WHY THAT WAS CHANGED. GOT RID OF WHAT WAS CALLED THE CITY FOREST BECAUSE IT'S DIFFERENT FURTHER DOWN, I THINK IN DEFINITIONS. SO ONE OF THE HUGE THINGS WE CHANGED WERE FROM PAGE THREE, BY THE WAY, WE'VE GOT CLASS ONE TREES THAT ARE 30FT IN HEIGHT OR LESS. CLASS TWO TREES ARE. 30 OR MORE, 30 TO 40 TYPICALLY, AND THEN 40 OR BIGGER IS GOING TO BE CLASS THREE. PREVIOUSLY WE HAD THEY WERE JUST CALLED SMALL, MEDIUM AND LARGE TREES. AND THEY WERE THE BASICALLY THE SAME SIZE. BUT NATIONAL STANDARDS TYPICALLY GOES BY CLASS ONE, TWO, AND THREE, NOT SMALL, MEDIUM AND LARGE. SO WE WANTED TO GET THAT CURRENT WITH NATIONAL STANDARDS. SO THAT WAS WHY THAT GOT CHANGED. GOT RID OF PALM TREE THERE. I WANT TO MENTION SOMETHING REALLY QUICK. YOU MAY HAVE NOTICED ON 25TH STREET BY COMMUNITY PARK, WHERE THERE WERE SOME MEDIUM TREES THAT HAD BEEN REMOVED FROM THOSE ROCK MEDIUMS THAT THAT, THAT ARE IN FRONT OF THE PARK. THEY'RE PART OF THOSE WAS KIND OF LOOKING AT THIS CLASSIFICATION. I THOUGHT THIS WOULD BE A GOOD VISUAL FOR THE CLASSIFICATIONS. LEE HAD FELT LIKE THE TREES THAT WERE PUT IN THERE WERE CLASS ONES THAT WERE A LITTLE BIT THINNER AND, AND WEREN'T GOING TO BE A REAL LARGE TREE AT FULL GROWTH. WHEN YOU LOOK AT THAT AREA, THAT IS A PRETTY WIDE SECTION. PLUS IT'S GOT IT'S GOING TO HAVE IT HAS OUR PARKING LOT ON ONE SIDE. IT'S GOING TO HAVE PARKING FOR THE ORCHARD DEVELOPMENT. ON THE OTHER SIDE, IT'S GOING TO BE A LOT OF PAVEMENT. AND SO WE WANTED TO MAKE SURE THAT THAT WE HAVE MORE OF A CLASS 2 OR 3 THAT IS GOING TO BE A BIGGER, BIGGER TREE CANOPY GIVING YOU MORE SHADE AND MORE, YOU KNOW, A MORE ESTHETICALLY PLEASING MEDIUM TREE FOR THAT. SO IF YOU CAN KIND OF PICTURE THAT THOSE ARE THE TYPE OF PLACES THAT WE WANT TO LOOK AT THOSE CLASSIFICATIONS TO DETERMINE WHAT FITS BEST FOR THE USE AND WHAT FITS BEST FOR THE, THE ESTHETICS OF THE, THE OVERALL AREA. SO STAFF, WOULD YOU PREFER TO GO THROUGH IT? AND THEN WE ASK YOU QUESTIONS OR DO YOU WANT US TO INTERRUPT YOU? THREE HOWEVER YOU WANT TO DO IT. I'M WITH ASK QUESTIONS AS WE GO. YEAH. IS THAT. CORRECT PAGE AT A TIME. WHY IS TREE CAPITALIZED ALL THE WAY THROUGH THE ORDINANCE? BECAUSE TREES IN THE DEFINITIONS THAT WE'VE GOT TREE AND THE DEFINITIONS ARE ALWAYS CAPITALIZED. I, I BELIEVE IS THAT WHY THAT'S WHY RIGHT. THAT'S WHY I CAPITALIZED THEM. YEAH. BECAUSE BECAUSE WHEN YOU SEE, WHEN YOU READ THROUGH AN ORDINANCE OR A STATUTE, YOU SEE CAPITALIZED TERM, IT INCLUDES YOU IN THAT, HEY, THIS IS DEFINED. OKAY, GO LOOK AT IT. OKAY. GOT IT. SO THERE ARE A LOT OF THINGS THAT ARE LITERALLY CHANGES THAT ARE JUST GOING TO CAPS BECAUSE OF THAT, THAT YOU'LL SEE THROUGHOUT. AND [00:40:05] THEN A LOT OF THINGS, JUST AS PJ SAID, GOT CLEANED UP, GRAMMATICAL ERRORS, STUFF LIKE THAT. I HAVE A QUESTION ON TOPPING. OKAY. SO THE WAY I READ THE DEFINITION OF TOPPING, IT ONLY APPLIES TO CONIFEROUS TREES. WHY NOT DECIDUOUS? SO IT DOESN'T JUST APPLY TO CONIFEROUS TREES. IT DOES APPLY TO IT APPLIES. YEAH. SO IT'S THE SEVERE CUTTING BACK OF BRANCHES TYPICALLY THREE INCHES OR LARGER. WHETHER IT'S A WHETHER IT'S A CONIFER OR DECIDUOUS TREE. OKAY. LET'S SEE WHAT IT SAYS. THIS IS UNDER TOPPING THE DEFINITION. SO PAGE FOUR. SO YEAH, THAT INCLUDES THAT. IT DOESN'T SPECIFY. IT DOES SAY CONIFEROUS. BUT IF I READ THIS WHOLE THING SHOULD IT SAY BOTH. IT'LL FLY. IT'S IT'S GOT IT'S GOT THE OR THERE. SO IT'S TOPPING IS DEFINED AS IF YOU CUT A LIMB THAT'S THREE INCHES IN DIAMETER OR GREATER. AND THAT DOESN'T MATTER WHICH TYPE OF TREE IT IS. IF YOU JUST DO THAT THAT'S TOPPING OR YOU REMOVE THE TOP PART OF A CONIFEROUS TREE THAT ALSO IS TOPPING. SO THERE'S TWO DIFFERENT DISCRETE TYPES OF TOPPING. SO BOTH TYPES OF TREES ARE COVERED. YEP. YEAH. OKAY. OKAY. OKAY. SO ONE OF THE BIG CHANGES WAS OUR THE SPECIES OF TREES PERMITTED. THE THE FORMAT CHANGED THE THE LISTED TREES CHANGED SOME. BUT A LOT OF THE TREES ARE STILL THERE. BUT THE BIG THE BIG CHANGE WAS THAT WE WENT CLASS ONE, TWO AND THREE. SO THERE'S THE OLD. THAT'S THE OLD LIST. RIGHT THERE. LEE, CAN WE STOP HERE AND TALK ABOUT WHY. ABSOLUTELY. ONE OF THE CONVERSATIONS THAT I WOULD LOVE FOR THIS, THIS GROUP TO HAVE IS ONE OF THE REASONS THERE'S THESE DIFFERENT SIZED CLASSES OF TREES IS BECAUSE THEY WE ARE LIMITED BY HOW MUCH SIDEWALK STRIP SPACE. YEAH. AND THAT'S REALLY A REQUIREMENT. AND SO I'M INTERESTED IN LOOKING AT GETTING RID OF THE FOUR FOOT AND MAKING SIX FOOT THE MINIMUM SO THAT WE COULD, BECAUSE THE BENEFITS THAT WE FIND IN PROPERTY VALUES AND THE BENEFITS WE FIND IN ALL SORTS OF THINGS ARE FROM THE LARGER CANOPY TREES. BUT AT AT FOUR FEET YOU NEVER GET A CANOPY. OUR SUBDIVISIONS NEVER WILL HAVE WHAT, THE 10TH STREET AND SIXTH STREET. AND WE DID THE TRADITIONAL NEIGHBORHOOD. REMEMBER WHEN WE TALKED ABOUT THAT? AND IT WAS ILLEGAL TO BUILD A NEIGHBORHOOD IN IDAHO FALLS? THE WAY THE MOST POPULAR NEIGHBORHOODS WE HAVE, RIGHT, WAS YOU COULDN'T EVEN BUILD IT. WE COULDN'T HAVE ALLEYS, WE COULDN'T HAVE ALL THOSE THINGS. AND SO WE WORKED HARD TO MAKE SOME CHANGES TO MAKE IT SO THAT SUBDIVISION DEVELOPERS COULD HAVE MORE OF THAT KIND OF LESS SETBACKS AND THINGS LIKE THAT OF THAT NATURE. SO IT'S JUST A CONVERSATION THAT I THINK IS INTERESTING, BECAUSE I THINK OUR INTENT ON STREET TREES, PARTICULARLY THOROUGHFARE STREET TREES, IS TO HAVE CANOPIES AND TO TRY TO GET CANOPY LEVEL, BUT A LEVEL ONE TREE THAT'S ALLOWED FOR ALL OF OUR SUBDIVISIONS IS NOT GOING TO GET THERE, RIGHT? IT'S NEVER GOING TO CANOPY AND PROTECT THE PAVEMENT. PAVEMENT THAT HAS A CANOPY LASTS 50 YEARS INSTEAD OF 25. SO, YOU KNOW, YOU'RE SAVING THE CITY COSTS THERE. THE OTHER THING THAT IT DOES, IF WE CAN KEEP HIGHER CANOPIES IS FOR WEATHERIZATION, FOR THE DOUGH, FOR THE NUMBERS THAT WE GET AT ICAP, LIKE WE 40% LESS AIR CONDITIONING COST, ELECTRICITY, ELECTRICAL USE, THERE IS NOTHING I DO. AND WHETHER IT'S WEATHERIZING A HOME AT ICAP THAT APPROACHES 40% SAVINGS, NOTHING. SO IT'S TWO THREE TREES ON A LOT CAN CUT ENERGY CONSUMPTION BY 40% IN THE SUMMER, BUT NOT OUT IN OUR SUBDIVISIONS ON THE SOUTH, BECAUSE THERE'S NO TREES TALL ENOUGH TO PROVIDE THAT SHADE YET. AND SO, AND IF YOU LOOK AT OUR CANOPY, IF YOU SEE LIKE ON OUR ON THE CANOPY MAPS AND WHAT OUR LIMITS ARE, WE'RE AT 11% IN THE CITY, MINIMUM SHOULD BE 15%. AND MOST OF OUR PERCENTAGE PROBLEM IS LIKE IT'S 100% MY NEIGHBORHOOD, THE CANOPIES, YOU KNOW, TOFFEES AND THE NUMBERED STREETS, IT'S 100%. WHY WE'RE AT 11 IS BECAUSE AS WE'VE GROWN, WE DON'T HAVE CANOPY TREES IN OUR SUBDIVISIONS, RIGHT? THEY HAVEN'T GROWN ENOUGH. OR THEY WERE THE STREET TREES WERE SO SMALL THAT THEY'LL NEVER ACTUALLY CANOPY. SO THAT'S A CONVERSATION TO THINK ABOUT. BUT IT'S GOOD. THAT WOULD BE [00:45:02] HANDLED MORE AT CDS EVENTUALLY. YEAH. WHAT I WOULD LIKE TO HEAR HERE IS WHETHER THERE'S INTEREST IN THAT. I THINK THE OTHER THING WE COULD DO IS MORE FLEXIBILITY FOR A DEVELOPER IF THEY WANT TO GO SMALLER. I WAS TALKING TO SOMEONE THAT KNOWS IT WAS BRAD KRAMER, AND HE SAID THAT THERE'S THIS NEW. SOIL THAT'S MADE OUT OF A CERTAIN. THAT MAKES THE STRUCTURAL SOIL. YEAH. IS IT STRUCTURAL? SO THAT YOU COULD HAVE FOUR FEET, BUT IT WOULD GO UNDER. IT WOULD NEVER BOTHER THE SIDEWALKS. SO I THINK THAT THE DEVELOPER ADVOCATE TO THAT ARGUMENT IS THE COST TO REPAIR THE SIDEWALKS AND THE SPRINKLER SYSTEMS AS THOSE TREE ROOTS COME IN. AND YEAH, I MEAN, THEY CAN BE PRETTY DESTRUCTIVE BELOW THE SURFACE. THEY ARE. AND, BUT BECAUSE OF THEIR BENEFITS, IT'S PROBABLY WORTH THE COST IS ALWAYS THE CONVERSATION GOING FORWARD. RIGHT? YEAH. AND SO, AND THE, WHAT'S IT CALLED, STRUCTURAL SOIL, STRUCTURAL SOIL. IT DOES HELP. IT MAKES THE RAKING THE SIDEWALKS. IT WOULD PREVENT WHAT YOU'RE SAYING, ESSENTIALLY, BECAUSE IT WOULD IT'LL MAKE THEM GO DOWN, GO DOWN VERSUS VERSUS COMING MORE LATERAL AND TEARING THINGS UP. SO THERE'S A HUGE BENEFIT. IT'S EXPENSIVE. I WAS GOING TO SAY, I BET IT'S PRICEY, BUT WE FOUGHT AND REALLY AND TALKED HIM INTO IT. WHEN WE READ IT DOWNTOWN, WE DID STRUCTURAL SOIL TO HELP WITH THAT, ESPECIALLY WHEN THERE'S THOSE BRICKS THAT BECAUSE THE ROOTS ARE WORSE ON THOSE BRICK ONES, RIGHT? BECAUSE THEY DO HAVE. AND IT'S INTERESTING, TREE ROOTS ARE AS INTERESTED IN OXYGEN AS THEY ARE IN WATER. SO THAT'S WHY THIS WORKS SO WELL BECAUSE IT SEEKS THE JUST SO I'M CLEAR, WHEN WE WHEN WE REQUIRE A NUMBER OF TREES FOR EVERY SUBDIVISION. RIGHT. AND AND WE ASK THEM TO DO THE LANDSCAPING, WE DON'T TELL THEM WHAT KIND OF TREE TO PLANT, DO WE? WE GIVE THEM A LIST. THIS IS THE LIST. THAT'S OKAY. SO, SO LIKE WHEN YOU SAID THAT THEY PLANTED THE TREES IN THE ISLANDS, THAT WAS THE DEVELOPER THAT DID THAT RIGHT ACROSS FROM COMMUNITY PARK, BUT THEY DIDN'T. AND THEY OBVIOUSLY DIDN'T PLANT THE TREES THAT YOU WANTED IN THERE. WHY? WHY DID THAT HAPPEN? I MEAN, I'M NOT SURE WHERE THE DISCONNECT WAS ON THAT ONE, TO BE HONEST, JIM, BUT THEY SHOULD HAVE BEEN TOLD TO PLANT A DIFFERENT TREE THAN THE ONE THEY DID. RIGHT? THOSE TREES GOT PLANTED. I DIDN'T KNOW UNTIL THEY WERE PLANTED. THOSE THOSE TREES WE TOOK OUT ARE THEY'RE COLUMNAR OAKS. THEY DON'T HAVE A WIDE CANOPY. THEY'RE GREAT FOR SMALL SPACES. AND THAT'S ANOTHER REASON COUNCILMAN RADFORD'S PUSHING FOR WIDER STRIPS. A LOT OF TIMES YOU'LL GET A STRIP LIKE THREE FEET WIDE, AND THAT'S ABOUT ALL YOU CAN PUT IN THERE. THERE'S A COLUMNAR TREE, BUT THERE'S REALLY NOT MUCH CANOPY TO SHADE THIS TREE OR COOL THE BUILDINGS AND STUFF LIKE THAT. AND MAYBE, SORRY, I'M NOT AT THE MIC, BUT WHEN A SUBDIVISION COMES IN OR WE REVIEW IT AND THERE'S A SITE PLAN WITH TREES, WE JUST HAVE THE LIST OF TREES, RIGHT? OKAY. AND THEY JUST DRAW IN. THIS IS WHERE THE TREES ARE LOCATED. AND WE JUST DO IT BY COUNT. SO WE TAKE THEM THAT THEY HAVE PLANTED ACCORDING TO THIS GROUP OF TREES THAT ARE APPROVED IN THE CITY THAT ARE MORE WATER WIDES. I'M NOT A TREE EXPERT ON THIS, BUT YEAH, THAT'S HOW WE DO IT. ON THE DEVELOPMENT SIDE. THE OTHER THING THAT I DIDN'T REALLY TALK ABOUT, BUT THAT IS SPEAKING OF WATER, IS THERE IS A LOT OF SCIENCE THAT WE COULD BRING FORWARD TALKING ABOUT HOW TREES PRODUCE MORE PRECIPITATION BECAUSE THEY BECAUSE OF THEIR TRANSPIRATION, BECAUSE THEY, THEY LET OUT AS THEY DO THEIR PHOTOSYNTHESIS, THOSE FLOAT. AND THEN WHEN IT GETS TO THE CLOUD, THEY SEED MORE. RIGHT. AND SO THERE'S MORE RAIN, JUST LIKE A TERRARIUM, LIKE YOU GET THAT. AND SO WHEN WE'RE IN A DESERT, THE MORE TREES WE DO, THE MORE WATER WE'RE CREATING FOR THE AREA. WATER IS A BIG DEAL FOR US, RIGHT? BUT THERE'S A BALANCE BECAUSE IF YOU GET TREES THAT ARE TOO WATER HEAVY, THEY'RE NOT THERE'S NOT A PLUS. RIGHT? SO SO JIM, ONE OF THE THINGS WE ACTUALLY WERE TALKING ABOUT THIS EARLIER, IT'S SOMETHING WE'VE GOT TO DO A LITTLE BIT BETTER JOB ABOUT WHEN WE DO OUR CITY REVIEW WITHIN OUR OUR INTERNAL SOFTWARE, WE'VE GOT TO NOT JUST LOOK FOR NUMBER OF TREES. AND THAT FROM OUR SIDE, WE NEED TO ACTUALLY BE LOOKING. I MEAN, THEY, THEY DO HAVE A PLANT TYPICALLY, LIKE WE SAY, AND A PLANT LIST AND A TREE LIST WE NEED TO GO THROUGH AND SPEND. JUST BE A LITTLE BIT MORE CRITICAL ON THAT AND SAY, NOT JUST THERE WITHIN OUR TREE LIST, THEY'RE PUTTING IN APPROVED TREES, BUT ACTUALLY, WHERE ARE THE TREES? WHAT ARE THEY THE RIGHT TREE FOR THE RIGHT LOCATION. WE JUST NEED TO DO A BETTER JOB ABOUT THAT OR OF THAT IN OUR DEPARTMENT. AND SO THAT'S SOMETHING THAT WE'RE GOING TO BE FOCUSING ON TO MAKE SURE THAT WE'RE NOT JUST CHECKING A BOX. WE ARE REVIEWING FOR THE FUTURE OF OF THAT GROWTH. LET ME ASK YOU, GIVE YOU AN EXAMPLE, LIKE AT SNAKE RIVER LANDING ON SNAKE RIVER PARKWAY, RIGHT. AND THEY AND THE DEVELOPER PLANTED ALL THOSE TREES IN THE MEDIAN OF [00:50:02] THAT OF THAT ROAD, RIGHT? YEAH, YEAH, THOSE WERE THOSE, THE RIGHT TREES. AND THEY SEEM TO BE THEY'RE NOT OKAY. LIKE IN THE MEDIAN. YEAH. THEY, THEY HAD A LOT OF THE WRONG TREES. AND THAT WAS BEFORE I WAS THE FORESTER. AND I'M NOT SURE IF THEY EVEN INVOLVED. IN FACT, I KNOW THEY DIDN'T BECAUSE WHEN THAT WAS BRAND NEW, WE DROVE DOWN IT. WE WERE BOTH LIKE, WHAT? THEY'RE SPRUCE TREES, RIGHT? WHAT BENEFIT IS SPRUCE AND PINE MIXED? THAT'S GOOD BECAUSE WE DON'T WANT TO GET WAY BIGGER THAN THE SPACE THAT THEY'RE IN. ABSOLUTELY. YEAH. THEY HAD THEIR OWN A LOT OF THEIR OWN TREES IN THE WRONG SPOT. OKAY. THEY HAD A LOT OF TREES TOO CLOSE TO EACH OTHER THAT WERE GOING TO OUTCOMPETE EACH OTHER. THAT PROJECT WASN'T WELL DONE WHEN IT CAME TO. SO WE'VE HAD SO MANY TREES HIT ALONG THAT, THAT WE'VE REPLACED A HANDFUL OF TREES DOWN THROUGH THERE OVER THE YEARS. A LOT OF THOSE, WE'RE ACTUALLY WORKING WITH THEM WITH BALL VENTURES TO GO THROUGH. THEY REALIZE THAT THEY'VE DONE THEY DID THE WRONG PLANTINGS IN A LOT OF THE WRONG LANDSCAPING. WE'RE ACTUALLY GOING THROUGH AND KIND OF SHARING SOME OF THE COSTS BECAUSE THAT'S COMING OUR WAY, THAT WE'LL BE MAINTAINING THE MAJORITY OF THAT AS SOON AS THAT'S AS SOON AS THAT DEVELOPMENT AUTHORITY RUNS OUT. BUT WE'RE ACTUALLY WORKING ON A NEW LANDSCAPE DEVELOPMENT THAT WE CAN PULL OUT AND PUT IN THAT WILL ACTUALLY FIT BETTER INTO THE LANDSCAPING AND WORK A LITTLE BIT BETTER FOR THE LONGEVITY OF THE PROPERTY, NOT JUST THE THE BEAUTIFICATION OF IT TO GET STARTED, BUT ACTUALLY WHAT, WHAT THE MAINTENANCE OF IT MOVED FORWARD. I THINK THAT'S A FASCINATING EXAMPLE, BECAUSE THOSE DIFFERING TREES ON THAT STRIP HAS THAT COULD BE A REAL SPEEDWAY. AND IT IS ALREADY A LITTLE BIT. BUT WITH THE TREES IT DOES. YOU CAN'T REALLY SEE THE CORNER SOMETIMES. SO YOU DO SLOW DOWN A LITTLE BIT THERE BECAUSE OF THAT FUNNY THING YOU SAID THAT, OH, GO AHEAD, LET'S KEEP GOING THROUGH IT. AND THEN AT THE END I'M GOING TO ASK A HUGE QUESTION. HOW MUCH MORE STAFF DOES THIS CITY FORESTER NEED IN ORDER TO MAKE THIS ALL WORK? BUT ANYWAY, WE'LL GET TO THAT AT THE END. EXCELLENT. OKAY. OKAY. SO. WE CHANGE THE TREE CLASSES AND TURNED THAT INTO A CHART MORE. IT'S A LOT. THE READABILITY AND EVERYTHING IS A LOT BETTER THAN WE PREVIOUSLY HAD. AND THEN WHAT ELSE DID? OH, THEN WE GOT A LIST OF TREES. YOU CAN'T PLANT ONE OF THEM ON THERE. WE REALLY WANT TO MAKE NOTE OF IS ASH. IT'S THE FRACTION OF SPECIES. THE EMERALD ASH BORER, WHICH WAS IT'S STARTED BACK EAST AND IT'S GOT CLOSER AND CLOSER. IT GOT TO COLORADO. AND WE'VE BEEN WORRIED ABOUT THAT FOR YEARS BECAUSE IT HAD BEEN IN COLORADO FOR SEVERAL YEARS. TWO YEARS AGO, IT ENDED UP CLOSE TO PORTLAND, OREGON, WHERE BETWEEN THERE. WE HAVEN'T DETECTED IT YET. WE HOPE WE DON'T TONIGHT, I HOPE, BUT IT'S NOT A MATTER OF IF. IT'S A MATTER OF WHEN. SO WE HAVE A PLAN ON ASH TREE, ON CITY PROPERTY, AND AT LEAST 10 TO 12 YEARS BECAUSE WE KNOW IT'S COMING. AND LET'S JUST QUALIFY THAT IT WASN'T. IT'S NOT A LITTLE PROBLEM. 100 MILLION TREES DIED IN THE MIDWEST. IT CHANGED THE WHOLE ASPECT. AND IN OUR COMMUNITY, ALL OF STONEBROOK A STREET TREES ARE ALL ASH ASH PARKS OFFICE PARK IS 40 TO 60% ASH. AND IN THE CITY CANOPY IN AS A WHOLE, IT'S PROBABLY 20 TO 30%. WE COULD LOSE 30% OF OUR CANOPY WITH IN A YEAR, 5 TO 10 YEARS. IT TAKES SOME TIME FOR THEM TO KILL OFF. OH YEAH, WE'LL SEE IT. BUT SO IT'S CRITICAL THAT WE DON'T PLANT MORE IF IN CASE IT COMES. YEAH, THERE'S OTHER TREES ON THE LIST, BUT I WANTED TO. ARE WE GOING TO SHARE THIS WITH THE NURSERIES. YES. THEY THEY DOING WELL. OKAY. YEAH. THAT IS A BIG DEAL FOR THEM. AND I'VE TALKED TO THE I CAN'T MAKE THEM, BUT I HAVE TALKED TO NURSERIES LIKE ABOUT NOT SELLING THEM. BUT THEY'RE MAKING MONEY ON THEM. PEOPLE ARE STILL BUYING THEM. SO THEY'RE STILL SELLING THEM. EVEN THOUGH I'M LIKE, THAT'S NOT A GOOD IDEA FOR THE COMMUNITY FOREST, FOR THE FUTURE OF IT. IT'S NOT A GOOD IDEA. WELL, WE WOULD SAY WE COULD JUST GET TELL THEM, YOU KNOW, BAN THE SALE. BUT THESE PEOPLE ARE SELLING TO ALL KINDS OF MUNICIPALITIES, NOT JUST OURS. YEAH. WELL, AND NOT ONLY THAT, IT'S IT'S A LITTLE BIT EASIER TO WORK WITH SOMEBODY LIKE A SUNNYSIDE OR A TOWN COUNTRY OR EAST SIDE, RIGHT. OR SOMETHING, BECAUSE THEY'RE A LITTLE BIT MORE LOCAL. THE BIG BOX STORES ARE THE ONES THAT YOU'RE MOST LIKELY THEY SELL NATIONAL WIDE OR NATIONWIDE, AND THEY WILL. IT'S A LOT HARDER TO TO KNIT THOSE FROM THAT. YEAH. GOOD POINT. BUT THEY'LL SELL STUFF THAT'S NOT [00:55:02] EVEN HARDY HERE. IT'S NOT JUST WE. BUT WE CAN'T TELL SOMEBODY THAT THEY CAN'T PLANT A TREE IN THEIR YARD, JUST IN THE IN THE PARKING STRIP. NO, WE CAN ABSOLUTELY. WE CAN TELL THEM, NOT PARK IT IN THEIR YARD, CAN'T WE, AS ASH, BECAUSE CURRENTLY WE CAN'T. THEY CAN DO ANYTHING THEY WANT ON THEIR OWN PROPERTY RIGHT NOW. CORRECT. IS THAT IT'S CURRENTLY DRAFTED. YEAH, I BELIEVE THAT'S CORRECT. YEAH, ABSOLUTELY. OKAY. AND IT'S A NUISANCE TREE OR IT'S INFECTED. RIGHT? RIGHT. YEAH. THERE ARE STIPULATIONS. WE HAVE BROAD POWERS BECAUSE OF PUBLIC SAFETY, BUT BECAUSE THE THINK OF TREES LIKE HUMANS, LIKE THEY GET A DISEASE AND THEY SPREAD. RIGHT? SO IT'S YEAH. SO THAT'S WHY THERE'S SUCH STRONG POWERS IN THOSE COORDINATES FOR THE CITY FORESTER. AND IT'S NOT, IT'S NOT AN IDEAL. THANK YOU. ALL RIGHT. SO. WE GOT THAT KIND OF CHANGED A LITTLE BIT OF THE PLANTING UNDER UTILITY LINES. THAT LIST CHANGED A LITTLE BIT. THE FORMATS WERE PRETTY SIMILAR TO WHAT IT WAS. SO THERE'S THAT I'M SEEING SO FAR. SO WE'RE GOING TO GET TO PAGE. TEN. SOMETHING ELSE THAT GOT ADDED. AND THERE'S A SIGNS HAVE TO BE CLEAR AS YOU'RE DRIVING. IT DEPENDS ON HOW FAST YOU'RE DRIVING. IT DOESN'T MEAN THERE CAN'T BE A TREE NEARBY, BUT THEY HAVE TO BE PRUNED TO WHERE YOU CAN SEE THESE SIGNS. SO WE'VE GOT A TABLE THAT SHOWS BASED ON HOW FAST YOU'RE GOING, YOU KNOW HOW FAR AWAY THEY HAVE TO BE VISIBLE BECAUSE THERE'S A TON OF TON OF STOP SIGN AND YIELD SIGN AND JUST COMPLAINTS ABOUT SIGNS IN GENERAL, BECAUSE IT IS A PROBLEM. YOU CAN DRIVE OVER ALL OVER TOWN AND SEE SIGNS THAT ARE BLOCKED. AND THAT'S ALL COMPLAINT DRIVEN. WE DON'T HAVE TIME TO DRIVE AROUND AND CLEAR EVERY SIGN. UNFORTUNATELY, BECAUSE OF LACK OF STAFF. OF COURSE, BECAUSE OUR CITY IS BIGGER THAN WE ARE, WELL, BASICALLY. WE USED TO STRUGGLE AT THE FIRE DEPARTMENT WITH THE FIRE HYDRANTS GETTING BLOCKED BY OVERGROWN TREES. IT'S DEFINITELY SOMETIMES THEY GET TO THE POINT. SOMETIMES YOU COULDN'T EVEN TELL WHAT THEY WERE. THEY'RE. BUT, YOU KNOW, BE ABLE TO GET IN THERE AND USE THEM WAS REALLY DIFFICULT. I WONDER, IS THAT SOMETHING, COUNCILMAN? IS THAT SOMETHING THAT YOU'D LIKE TO SEE IN INCLUDED IN THIS? I THINK IT'S COVERED ORDINANCE. I THINK IT'S COVERED ISN'T IT, BY CITY PROPERTY. IT'S SOMEWHERE IN ORDINANCE BECAUSE YOU HAVE TO HAVE THREE FOOT OF CLEARANCE AROUND ANY FIRE HYDRANT. OKAY. YEAH, I KNOW SOMEONE I DON'T REMEMBER. THERE'S A LOT OF ORDINANCES. IT'S HARD TO KEEP THEM ALL STRAIGHT ON WHAT ORDINANCE WAS WHAT SOMETIMES. I THINK IT'S ALWAYS BEEN IN THERE. ACTUALLY, THEY'RE SUPPOSED TO HAVE A THREE FOOT CLEARANCE. YEAH, YEAH, BUT IT JUST DOESN'T. I'M JUST SAYING, IN REALITY, IT DOESN'T HAPPEN. BUT THE FIRE DEPARTMENT GETS OUT AND CHECKS THE FIRE HYDRANTS A COUPLE TIMES A YEAR, AT LEAST ONCE A YEAR. SO, YOU KNOW, THEY'RE, THEY'RE AWARE OF THE ONES THAT HAVE PROBLEMS WITH NORMALLY THEY JUST GO TO THE DOOR AND TELL THE PEOPLE, YOU GOT TO HAVE A THREE FOOT CLEARANCE AROUND THAT. BUT PEOPLE BUILD STUFF, RIGHT? THEY'LL, THEY'LL BUILD A. THEY DON'T WANT TO. THEY DON'T LIKE THE LOOK OF THE FIRE. THEY'LL BUILD A LITTLE STATUE BY IT OR, OR I DIDN'T KNOW THAT. YEAH. PEOPLE, SOME PEOPLE COLLECT THEM THOUGH. THEY'RE SO COOL. I HAVE A BUDDY WHO I HAD DEDICATED A WEBSITE JUST TO THE DIFFERENT HISTORICAL FIRE HYDRANT WATER. I USED TO HAVE IT IN MY YARD, BUT YEAH, NOT ANY LONGER. YEAH. SO THAT'S SORRY, I WAS JUST GOING TO SAY THAT I BELIEVE THAT THAT'S PROBABLY THE MAJORITY OF OUR OF OUR LARGE CHANGES. A LOT OF THE REST OF IT'S GRAMMATICAL, STRUCTURAL, THAT KIND OF THING. BUT I'M HAPPY TO TAKE ALL THE QUESTIONS YOU GUYS MIGHT HAVE. SO JUST ONE QUESTION. SO IF I HAD TO, IF, IF I'M HAVING A CONVERSATION WITH MY NEXT DOOR NEIGHBOR AND EXPLAINING THE CHANGES OF THIS ORDINANCE AND [01:00:01] HOW IT IMPACTS THEM, WHAT WOULD YOU SAY? I THINK IT WOULD OBVIOUSLY AFFECT THEIR WHAT THEY CAN GO OUT AND PURCHASE WHAT THEY WHAT THEY SHOULD BE PLANTING AND WHERE HAVING A BETTER UNDERSTANDING OF WHERE YOUR UTILITY LINES ARE, WHAT KIND OF TREES, WHERE YOUR TREES SHOULD BE PLANTED AROUND IT BETTER HELPS CLARIFY THAT. SO ALL COMMON SENSE, COMMON SENSE. THANK YOU. AND THE SHADE TREE COMMITTEE WAS CONSULTED ABOUT THIS. ABSOLUTELY. IT ALL STARTED WITH THEM ON A FEW CHANGES, AND THEN IT BECAME MORE AND MORE. AND WE NOT THE SHADE TREE COMMITTEE, SOME OF THEM WE FORMED A SMALLER COMMITTEE. OKAY, TO WORK ON DRAFTING THIS. OKAY. VERY GOOD. A COUPLE OF THINGS. WHEN WHEN WE'RE READY, GO AHEAD. 8913 ZACH AND. IT READS STREET TREE CARE. BUT IT SEEMS LIKE, DID WE GET RID OF THE DEFINITION OF STREET TREE OR IS IT STILL IN THE BEGINNING? BECAUSE TO ME, WHEN I READ THIS, IT'S WHAT THIS IS SOMETHING I REALLY LIKE, BUT I'M NOT SURE THAT WAS THE INTENT. SO STREET TREE CARE, THE DEPARTMENT OF PARKS AND REC SHALL HAVE THE RIGHT TO REMOVE, TRIM, DESTROY AND CONTROL ALL STREET TREES, SHRUBS, BUSHES AND OTHER WOODY VEGETATION THAT THAT ARE PLANTED, GROWN OR MAINTAINED IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER, THE DEPARTMENT OF PARKS AND RECREATION SHALL HAVE THE RIGHT TO PLANT, PRUNE, MAINTAIN, REMOVE STREET TREES, SHRUBS, BRUSHES AND OTHER WOODY VEGETATION. THAT'S THE SECTION, ZACH. THAT MAKES ME THINK I CAN GO PLANT TREES IN THAT STRIP ON BOULEVARD. YOU KNOW, THAT STREET TREES THAT SHOULD BE IN THAT STRIP. AND THAT'S KIND OF WHAT THAT DIDN'T MATCH KIND OF WHAT OUR OUTCOME HAD BEEN THAT DAY ON FRIDAY. DO YOU AGREE THAT WE COULD PLANT TREES THERE WAS THAT WE COULDN'T FORCE THE OWNERS TO DO IT, BUT WE COULD PLANT TREES NEXT TO A STREET TREE NEXT TO A STREET. YES, WE COULD, WE COULD PLANT I MEAN, THERE ARE CERTAIN WAYS TO FUND THAT. YOU COULD DO THE, THE LOCAL IMPROVEMENT DISTRICT. SO I JUST I WAS DRIVING BOULEVARD TODAY AND A CHURCH HAD JUST TORE OUT ALL THEIR VEGETATION AND PUT DOWN BARK SO WE COULD GO IN THERE. AND RIGHT NOW WITH THIS ORDINANCE, WE COULD GO PUT IN THREE TREES IF WE IF WE WANTED TO. NOW, THE BIGGER QUESTION IS THAT THAT SPECIFIC ORDINANCE ALLOWS YOU TO, TO REMOVE A TREE THAT'S IN VIOLATION OF THE ORDINANCE DOESN'T ALLOW YOU TO PLANT. IT DOES STAND HERE. IT SAYS PARKS AND REC SHALL HAVE THE RIGHT TO PLANT, PRUNE, MAINTAIN AND REMOVE STREET TREES WITHIN THE LINES OF ALL STREET ALLEYS. AND I LIKE THAT BECAUSE IT'S OUR MONEY, BECAUSE YOU AND I TALKED ABOUT, WE CAN'T FORCE OWNERS TO PAY FOR IT. RIGHT? BUT IF WE CAN FIND, LIKE CITY OF REXBURG JUST GOT $1 MILLION TO PLANT TREES FROM THE IJA THE THE, THE JOBS ACT, YOU KNOW, THE, THE IT WAS THE BILL BEFORE BY BIPARTISAN INFRASTRUCTURE ACT. AND SO WE GOT A BIG GRANT LIKE REXBURG STRUGGLING HOW TO SPEND THE MILLION DOLLARS. BUT IF YOU COULD HAVE THESE KIND OF AREAS WHERE YOU'RE LIKE, HEY, WE'LL PLANT YOUR TREE RIGHT HERE. THE REASON I BRING THAT UP IS BOULEVARD LITERALLY MEANS THE INDUSTRY. YEAH. TREE STREET. YEAH. AND, AND RIGHT NOW, IF YOU DRIVE BOULEVARD FROM WHERE I COME OFF THE HIGHWAY TO MY HOUSE, THERE'S OVER A HUNDRED TREES THAT HAVE BEEN NEVER REPLACED. SO LIKE, ULTIMATELY YOU COULD GET TO A POINT WHERE THERE'S NO TREES AT ALL ON BOULEVARD STREET BECAUSE THERE'S NO MECHANISM RIGHT NOW TO KIND OF FIX THAT PROBLEM. AND SO IT DOES GET BACK TO WHAT JIM'S BRINGING UP. WE'RE GOING TO HAVE TO FIND WAYS TO FUND THAT. IT'S NOT SOME SIMPLE ANSWER, BUT AT LEAST IT GIVES US THAT RIGHT. AND THAT'S GOING TO MAKE ME A LOT HAPPIER ABOUT THIS. IF THAT'S IF THAT'S HOW YOU SEE IT. I ALSO DID QUITE A BIT OF WORK TALKING WITH A NUMBER OF PEOPLE THAT HAVE BEEN INVOLVED IN THIS CONVERSATION FOR A WHILE. THAT EASEMENT QUESTION OF. WHO OWNS IT IS COMPLEX. REALLY? YEAH. MIKE KIRKHAM AND RANDY FIFE AND ZACH ALL, AND I'LL BE HONEST, TALKING WITH LEE DAN OR STORE OR WHAT'S HIS FIRST NAME? DALE DALE, DALE, DALE DALE STORE SAID. WE JUST OWNED IT ALL AND WE COULD DO WHAT WE WANTED AND WE COULD. AND WHICH I THINK IS TRUE BECAUSE IT IS OUR EASEMENT. BUT THE NUANCE THAT LIKE MIKE AND RANDY TALKED ABOUT WAS THAT IF WE TAKE IT ALL, THEN WE OWN IT ALL. AND THAT WASN'T REALLY WANTED. AND SO THERE'S THIS NUANCE. WE'RE ON THE HOOK TO MAINTAIN IT AND WE DON'T WANT TO MAINTAIN IT. WE WANT, BUT WE DO WANT THE RIGHTS TO TAKE IT OUT AND PUT THINGS IN WHEN WE WANT TO. BUT THEN JUST LIKE GRASS THAT'S THERE, NOW THEY HAVE TO MOW IT AND WATER IT, YOU KNOW, THAT'S ON THEM. THE OTHER PIECE OF THAT I'LL MENTION, AND I WANT TO SEE IF THIS GROUP IS IN SUPPORT, IS THERE'S QUITE A FEW PLACES WHERE THE CITY HAS MADE THESE CHOICES. SO IF YOU LOOK AT THE WATER, THE MAINTENANCE DEPARTMENT RIGHT BY THE ROUNDABOUT ON BOULEVARD AND [01:05:04] WHERE OUR FIRST THAT'S WHERE OUR FIRST TURBINE WAS, YOU KNOW, 10TH STREET CANAL, THAT'S ALL BEEN PAVED OVER RIGHT IN FRONT OF THE MAINTENANCE DEPARTMENT. AND THAT SHOULD HAVE TREES THAT THERE SHOULD BE THREE TREES THERE FOR OUR BIG PARKING LOT ACROSS FROM THE CHURCH ON THE CORNER OF NINTH STREET. YEAH, WE'RE THE MAINTENANCE DEPARTMENT WAREHOUSE IS. AND SO I THINK WE SHOULD BE AN EXAMPLE AND TEAR OUT THE CEMENT AND PUT IN THE TREES. AND THEN, I MEAN, YOU CAN EVEN LEAVE THE CEMENT AND DO THAT SOIL WE TALKED ABOUT. I MEAN, IF THE CEMENT IS USEFUL FOR SOME REASON, IT DOES HELP WITH MAINTENANCE, BUT AT LEAST KEEP THE TREES, GET THE TREES BACK IN THERE AT OUR COST. I MEAN, IT'S OUR AND WE RAISE TREES IN THE IN THE GREENHOUSE. WE CAN FIND WAYS, RIGHT, TO MAKE THAT HAPPEN. BUT I JUST THINK CAREFUL TO MAKE THAT A BROAD BECAUSE THERE ARE PLACES WHERE LIKE THE BIKE LANE FADES RIGHT OUT. AND IF YOU COULD RIDE RIGHT UP ON A WIDE SIDEWALK PATHWAY, REALLY IT'S SAFER FOR THE BICYCLISTS. SO THERE ARE SOME WHERE YOU'RE TALKING ABOUT A 10TH STREET, IT WOULD MAKE A LOT OF MAYBE MAKE SENSE, BUT WE OUGHT TO DO IT ON A PIECE BY PIECE BASIS. YEAH. I GUESS WHAT I'M TRYING TO SAY IS THE COUNCIL SUPPORT US TRYING TO RECLAIM THINGS WHERE WE MADE THE DECISION, WHERE IT WAS JUST EASIER AS OPPOSED TO WHAT'S BETTER. BECAUSE I AGREE, IT'S NOT GOING TO BE THE SAME EVERYWHERE. I HAD A QUESTION FOR COUNCIL. WE JUST TALKED ABOUT THE HARSHNESS OF SOME OF CODE ENFORCEMENT. DO YOU RAISE THAT ISSUE OVER THE WEEKEND? AND IF YOU LOOK AT THE NOTICE TO ABATE, I WONDER IF EVERYONE'S COMFORTABLE THAT THAT'S THE RIGHT ONE. ANY PERSON WHO FAILS TO ABATE ANY NUISANCE DEFINED BY THIS CHAPTER WITHIN 20 DAYS SHALL BE GUILTY OF AN INFRACTION FOR EVERY 48 HOUR PERIOD THEREAFTER. WHAT ARE YOUR DUTIES TO STRICT? NOT STRICT ENOUGH. I'M ON EIGHT NINE, 16. THE DILEMMA ON THIS ONE IS IT'S A LITTLE BIT LIKE THE ANIMALS SHOW THAT WE GOT RID OF FOR THE STREET ANIMALS. LIKE IT'S JUST SO DANGEROUS AND SPREADING DISEASE THAT YOU KIND OF NEED IT TO HAPPEN SOMETIMES WHEN IT'S KIND OF LIKE WITH THE BROAD POWERS THE MAYOR HAS, WHEN WE HAVE A, YOU KNOW, VIRUS INFECTION THAT COMES. YEAH, ACTUALLY, I DON'T HAVE A PERSONAL OPINION. I'M ASKING FOR YOUR THOUGHTS. I GENERALLY AGREE THAT IT'S AN INTERESTING CONCERN. AND I DO THINK IF IT'S JUST A TREE THAT'S A VISUAL NUISANCE, THEN I WOULD WANT TO SOFTEN IT. BUT IF IT'S A DISEASE TREE, YEAH. I THINK TO ME IT WOULD HAVE TO BE SPECIFIC TO THAT. IT'S LIKE IT WOULD HAVE TO BE SOMETHING THAT WOULD HAVE SOME REAL RATIONALE AS TO WHY NOT. AND IT CAN'T JUST BE A, OH, IT'S NOT ON OUR LIST. RIGHT, RIGHT. NO. YEAH, WE MIGHT, WE MIGHT LOOK UP THE WAY THIS IS AND SEE IF IT'S THE OTHER THING I'LL NOTICE TOO, IF THEY IS, IT SEEMS TO ME ON THE WEED WE WENT BACK. WHAT WAS IT WE WENT BACK TO AND I THINK IT WAS ON, ON VEGETATION. BUT IF SOMEONE APPEALED AND THEY WON THE APPEAL, THEY GOT THEIR MONEY BACK FROM THE. WE DID THAT FOR SOME ORDINANCE, AND I WONDER IF WE SHOULD MAKE THAT CONSISTENT TO ALL OF THESE TYPES OF ORDINANCES. LIKE IF YOU APPEAL TO THE BOARD OF ADJUSTMENT AND THEY UPHOLD YOU, YOU GET YOUR MONEY BACK. YEAH, I KNOW WE DID IT FOR ANOTHER ONE. I HAVE TO GO. LOOK, I WOULD, I WOULD SUPPORT THAT. YEAH. I DO THINK ONE THING WE SHOULD MENTION THAT IS CHANGED TO IS UNDER 897 RESPONSIBILITIES FOR ADJACENT PROPERTY OWNERS IS INSTEAD OF IT USED TO BE CALLED RESPONSIBILITY OF PRIVATE TREES. AND THIS IS THIS GOES TO WHAT WE TALKED ABOUT IN THAT STREET TREE. BUT EVERY PERSON WHO OWNS REAL PROPERTY WITHIN THE CITY SHALL MAINTAIN THE STREET TREES, SHRUBS, BUSHES AND OTHER WOODY VEGETATION PLANTED ADJACENT TO THE PUBLIC RIGHT OF WAY ABUTTING THEIR PROPERTY IN ACCORDANCE TO THE REQUIREMENTS OUTLINED IN THE CHAPTER BELOW. JUST THAT'S THAT WAS AN ADDED SECTION TO REWORD IT. AND DO YOU LIKE THAT? I DO, I THINK IT'S THE RIGHT THING. AND IN COMBINATION WITH THE OTHER PIECE OF US BEING ABLE TO PLANT THINGS IF WE WANT, THEN IT FORCES HOMEOWNERS TO TAKE CARE OF THEM AFTER WE PLANT THEM, WHICH SHOULDN'T BE A BIG FINANCIAL BURDEN. IT'S JUST THE WATERING OF THE TREES AND PRUNING. ABOUT THIS TYPE OF THING ON THIS, ABOUT ABATING IT OR TAKING CARE OF IT. I'M JUST CURIOUS ABOUT LIKE, IF YOU WANTED TO HIRE SOMEONE TO COME IN AND TRIM YOUR TREES, RIGHT? BECAUSE YOU'RE OUT OF COMPLIANCE, HOW LONG DOES IT TAKE? HOW LONG? WHAT'S THEIR TIMETABLE? LIKE? ARE THEY GOING TO, THEY'RE GOING TO SAY, WE CAN GET YOU 2 OR 3 WEEKS. IT COULD BE EASILY 2 OR 3 WEEKS BECAUSE YOU CAN'T YOU CAN'T GET THE CONCRETE PEOPLE TO COME OUT AND DO IT. YEAH, I THINK IT'S DIFFERENT WHEN IT'S A PEST AND IT'S A SPREADABLE PEST. I THINK THE TREE GUYS WOULD BE RIGHT [01:10:04] OUT. I THINK THEY IT'S IN THEIR INTEREST TO BECAUSE I THINK YOU'RE SPOT ON. IF IT'S JUST A YOU CALL THEM AND THEY'RE GOING TO SAY, WELL, YEAH, WE'LL GET YOU IN THE SCHEDULE NEXT MONTH. AND I'M NOT SURE THAT WE WOULDN'T EVEN GET INVOLVED IN CUTTING DOWN TREES, RIGHT. IF IT'S IF IT GETS TO A POINT WHERE IT'S A SPREADABLE MOLD OR FUNGI, OR IT'S REALLY A DANGEROUS DISEASE FOR THE REST OF THE TREES IN THE CITY, WE SEND OUR GUYS OUT AND CUT IT DOWN. I MEAN, IF THEY IF THERE WAS A BIG DELAY, WE MIGHT WE DON'T WANT TO DO THAT. NO, I IF IT'S AN EMERGENCY SITUATION THOUGH, I MEAN, WE KIND OF LIKE HANDLE THIS, YOU KNOW, IF IF A STOP SIGN IS COVERED AND IT'S A REAL HAZARD, SOMETIMES WE'LL GO OUT AND TRIM THAT STUFF. DO YOU SEND THEM A BILL? NOT TYPICALLY. OKAY. HOW OFTEN DOES THAT HAPPEN? IT HAPPENS A LOT IN ABOUT MID MID-SUMMER. STARTING IN ABOUT JULY, YOU GET TONS OF PHONE CALLS BECAUSE THE GROWTH IS IF IT'S SOMETHING THAT WE CONSIDER IMMINENT DANGER, LIKE THERE'S A FULLY BLOCKED STOP SIGN. YEAH. AND WE WE'LL TRY TO TALK TO THE HOMEOWNER. NINE TIMES OUT OF TEN, NO ONE'S HOME. THEY'RE PROBABLY AT WORK. WE'LL CLEAR IT JUST BECAUSE WE DON'T WANT AN ACCIDENT. YEAH. BECAUSE THERE IS NO DANGER. SO SO THAT BRINGS UP ONE OF MY QUESTIONS I WROTE. WHO DOES THE FOLLOW THROUGH TO MAKE SURE THE TREES DON'T COVER THE TRAFFIC SIGNS, ETC. IS THAT ALL PARKS AND REC? WELL, IT SHOULD BE CODE ENFORCEMENT TO MAKE SURE THEY DON'T COVER UP LIKE THE TREE. LIKE WHO'S SUPPOSED TO PRUNE THE TREES OR WHO'S SUPPOSED TO ENFORCE IT? WELL, LET'S SAY THE PROPERTY WAS SUPPOSED TO DO IT UNLESS IT'S A CITY TREE. BUT WHO'S LOOKING? WHO'S LOOKING? BESIDES MR. WASHBURN? SO IT'S TYPICALLY COMPLAINT DRIVEN. YEAH. CITIZENS, THEY'LL CALL IN. HEY, THERE'S A STOP SIGN BLOCKED AT 12TH AND LEE OR WHATEVER THE CASE MAY BE. BUT YOU KNOW WHEN IT'S BAD, HONESTLY, BECAUSE I GOT A QUESTION FOR THE I GO TO PUBLIC WORKS BECAUSE I FIGURE IT'S A STREET PROBLEM, BUT ACTUALLY I SHOULD BE COMING TO PARKS AND REC. NO GO TO CODE ENFORCEMENT. BUT THEN THEY GET INVOLVED. I'LL GIVE IT TO THE POLICE. YEAH. AND JIM, WE USED TO WE USED TO TAKE CARE OF IT, OF ISSUES LIKE THAT WE USED TO TAKE CARE OF. THEN WE GOT OUT OF THE CODE ENFORCEMENT BUSINESS. AND WHAT I WHAT I PROPOSE, WHAT WE NEED TO DO IS, YOU KNOW, OTHER CITIES JUST HAVE A BUDGET FOR PRIVATE COMPANIES TO TAKE CARE OF THAT STUFF. SO AS THOSE PROBLEMS ARISE, YOU JUST HIRE THE COMPANY, THEY GET OUT. THEY KNOW THAT THEY'RE HIRED BY THE CITY. SO THEY'RE USUALLY, YOU KNOW, WE HAVE IT LIKE WITH DAVIE, WE HAVE A CONTRACT WITH. YEAH. AND, AND THAT WOULD BE THROUGH PARKS AND REC. NO, I THINK I THINK WE COULD DO IT EVEN WEIRDLY BECAUSE OF TRAFFIC BEING UNDER IDAHO FALLS POWER, YOU MIGHT BE ABLE TO HAVE DOLLARS SINCE THEY ALREADY HAVE THE DAVEY TREE CONTRACTS. BUT WHO'S GOING TO TELL THEM? WELL, HE'S SAYING THEY DON'T GET TOLD THEY THESE GUYS JUST GO AROUND ALL SUMMER. THEY MAKE SURE IT'S TRUE. YEAH, THAT'S THE CONTRACTOR, RIGHT. IS WHAT YOU WERE SAYING. THAT'S WHAT WE THAT'S HOW IT USED TO BE. BUT WE GOT OUT OF THE CODE. SO CODE ENFORCEMENT GOES AROUND AND ENFORCES ENFORCE IT. YES. LET ME ASK LEGAL IF IF LET'S SAY THAT THERE WAS AN ACCIDENT IN THE CORNER BECAUSE A STOP SIGN WAS BLOCKED AND THE GUY DIDN'T SEE IT AND CAUSED AN ACCIDENT, IS THE WAS THE PERSON WHOSE TREE IS BLOCKING THE STOP SIGN? COULD THEY BE HELD LIABLE FOR. ABSOLUTELY, ABSOLUTELY. AND THAT'S WHAT OUR ORDINANCE IS SAYING IS YOU'VE GOT TO HAVE IT CLEAR. AND THIS IS YOUR TREE. YOU'VE GOT TO GET IT CLEAR. AND IF YOU DON'T, THAT WOULD BE PER SE NEGLIGENCE BECAUSE IT'S PRETTY CLEAR WHAT WE'RE TRYING TO AVOID HERE. OKAY. YEAH, ABSOLUTELY. THE HOMEOWNER WOULD BE LIABLE IN MY OPINION. HOW DO WE HOW DO WE GET THE HOMEOWNER TO KNOW THAT? RIGHT? I MEAN, DO WE I KNOW WE SENT OUT A TRIM YOUR TREES THING A WHILE BACK FOR FALLS POWER AND FOR THE GARBAGE TRUCKS AND STUFF TO GET DOWN THE STREET. RIGHT. YOU KNOW, WE TALKED ABOUT THE CLEARANCES AND STUFF. DID WE TALK ABOUT THAT? YOU ARE LIABLE IF YOUR TREE BLOCKS A STOP SIGN AND CAUSES AN ACCIDENT. YES. AND THOSE LETTERS THAT WE SENT DOWN THERE DID, THEY ALSO HAD THE DIAGRAM OF KIND OF THE EIGHT FOOT ABOVE SIDEWALKS, 13 ABOVE CURB AND 15 ABOVE CENTER OF STREET, ALL THAT WAS MENTIONED IN THERE AND WHO'S TREE? OKAY. THE OWNERSHIP OF THE TREE ESTABLISHES THAT. I HAVE A COUPLE MORE THINGS I WOULD SAY, THOUGH, ON THAT REAL QUICK THAT I DO SEE OUR I MEAN, OUR STAFF IS OUT AND ABOUT THROUGHOUT TOWN ALWAYS. WE'RE LOOKING AT TREES, WE'RE LOOKING AT SHRUBBERY, WE'RE LOOKING AT LANDSCAPING. IT'S SOMETHING THAT I THINK OUR TEAM IS PRETTY GOOD AT BEING ABLE TO PICK OUT THAT WE CAN'T BE THE RELIANT ONE THAT SAYS WE ARE THE ONES THAT WILL CALL ALL THESE. I THINK WE NEED TO BE ABLE TO RELY ON COMPLAINT DRIVEN RECOGNITION, AS WELL AS CODE ENFORCEMENT, AND THEN OUR AND THEN OUR GUYS GOING OUT AND MAKING SURE WE'RE COMMUNICATING WITH WITH IDAHO FALLS POLICE TO MAKE SURE THAT THEY'RE AWARE WHEN WE DO SEE ISSUES AND SOMETHING TO THAT. IT HAS BEEN [01:15:03] A WHILE SINCE WE HAD ANY KIND OF PUBLIC ANNOUNCEMENT ABOUT THAT. YEAH, I THINK IT PROBABLY WOULD BE A GOOD IDEA TO DO THAT AGAIN. YOU KNOW, PROBABLY JUNE OR SOMETHING, SO THAT PEOPLE, WE CAN GET MORE PEOPLE AWARE AGAIN THAT IT'S THAT TIME OF YEAR. WE NEED TO TRIM OUR TREES BECAUSE THAT'S THE TIME OF YEAR WHEN A LOT OF SIGNS GET BLOCKED, OR THERE'S LINE OF SIGHT ISSUES AT CORNERS AND THINGS LIKE THAT. AND IF WE CAN GET MORE SOME WORD OUT THERE THAT WOULD PROBABLY HELP A LITTLE BIT. SO MY LAST QUESTION WILL COME FROM RADFORD. YOU HAD A COUPLE. GO AHEAD AND THEN I'LL. AND THAT IS, HOW CAN YOU DO ALL THIS? I MEAN, ARE WE IS IT IS A LOT FOR SOMEBODY TO BE. CITY FORESTER. WELL, SO YEAH, WE ACTUALLY HAVE HORTICULTURE AND FORESTRY UNDER OUR UMBRELLA. OKAY. AND SO WE, WE MAINTAIN, OH, CLOSE TO TEN ACRES OF JUST LANDSCAPE BEDS. WE HAVE, OH, WE DON'T MAINTAIN THEM PER SE, BUT WE PUT OUT OVER 100 BASKETS AND, AND THEN WE ALSO BRING THE HANGING BASKETS BACK IN AND. DEAL WITH THAT. WE HAVE AROUND 40 FLOWER BEDS, TEN TOPIARIES. WE JUST WENT THROUGH A BUNCH OF NUMBERS WITH THE ROTARY CLUB A WEEK OR SO AGO. WE ALSO HAVE THE TOPIARIES. THEY TAKE A LOT OF TIME. THEY'RE REALLY COOL AND UNIQUE. I'VE NEVER SEEN ANY OTHER CITY THAT HAS THEM. WE HAVE. WE'RE STILL CATCHING UP ON OUR TREE INVENTORY, BUT PROBABLY MODESTLY, YOU COULD SAY PROBABLY FIFTH. I MEAN, 15 TO 20,000 TREES, MAYBE MORE. WE HAVE FOUR FULL TIME YEAR ROUND STAFF TO DO THAT. AND THEN OUR BUDGET, BECAUSE WAGES GO UP OR YOU CAN'T FIND OUT WE CAN AFFORD TEN SEASONALS. SO YEAH, BUT HE'S SELLING HIMSELF SHORT. YOU KNOW, THEY TAKE CARE OF THEY GROW THEIR OWN FLOWERS IN THE GREENHOUSE, TREAT TREES FOR DISEASES. WE COULD GO ON AND ON, BUT TO BE HONEST, THEY NEED MORE PEOPLE TO DO WHAT THEY DO. BUT, YOU KNOW, FULL TIME EMPLOYEES ARE HARD TO COME BY RIGHT NOW. RIGHT. AND SO WE'VE DISCUSSED SOME OPPORTUNITIES. THERE'S SOME CITIES THAT HAVE FRIENDS OF TREES. BOISE HAS THIS AND THEY HAVE TREE CAPTAINS FOR EACH NEIGHBORHOOD. AND THEY, THEY CAN HELP WITH SOME OF THE TRIMMING. THEY TEACH THAT THEY GO AROUND THE NEIGHBORHOODS, THEY DO SOME OF THAT KIND OF WORK. WE ALSO HAVE THE STEWARDS OF RECOVERY, THE RISING PHOENIX GROUP THAT WE COULD. WE TALKED ABOUT MAYBE HELPING SOME OF THEM BECOME APPRENTICE HORTICULTURISTS AND APPRENTICE ARBORISTS SO THAT THEIR TRAINING WHILE THEY'RE IN THE RECOVERY AND THEY'RE COMING AND WORKING WITH US A LOT, WE'RE USING THEM AT PARKS AND REC A LOT, RIGHT? YEAH. AND I THINK THAT'S ANOTHER ROUTE UNTIL WE CAN FIND SOME MONEY. BUT I THINK THE BIGGEST NUMBER IS TO GO AFTER THOSE DOLLARS. IT WAS $450 MILLION IN THE IN THAT IN THE BIPARTISAN INFRASTRUCTURE ACT THAT WAS SET ASIDE FOR TREES ALONE, THE GOAL NATIONWIDE WAS 1 BILLION NEW TREES BECAUSE THE WESTERN UNITED STATES IS, YOU KNOW, BECOMING BROWN. AND THEY KNOW THAT IF WE DON'T FIX THAT, THEN THE OCEANS ARE GOING TO GET HOTTER. LIKE THEY KNOW THAT THERE NEEDS TO BE MORE TREES. AND THAT WAS PART OF WHAT THEY WERE TRYING TO SPEND AND GET THAT DONE. REXBURG GOT $1 MILLION JUST FOR THE ASKING LIKE IT WAS. IT WAS. SO THERE'S SOME MONEY OUT THERE FOR GRANTS. THE PROBLEM IS FULL TIME EMPLOYEES, FULL TIME EMPLOYEES UNDER GRANTS, OR YOU NEED TO BE HONEST THAT IT MIGHT BE, YOU KNOW, IT MIGHT BE ONE YEAR OR IT MIGHT BE TWO YEARS OR WHATEVER. BUT LEE AND I HAVE TALKED ABOUT THIS QUITE A BIT, TRYING TO FIGURE OUT HOW CAN WE GET SOME HELP BECAUSE OF THAT. BUT I WILL SAY THAT THIS ORDINANCE, THE WAY IT IS RIGHT NOW, WE DIDN'T ADD A LOT OF WORK COMPARED TO WHAT IT WAS BEFORE. THERE WAS JUST A LOT OF WORK BEFORE. SO THERE'S TWO THINGS THAT I WANTED TO BRING UP IS A HERITAGE TREE PART OF THIS ORDINANCE TO SEE IF THIS GROUP WAS INTERESTED IN THAT, BECAUSE MOST CITIES, WELL, I DON'T KNOW IF I SHOULD SAY MOST CITIES THAT REALLY VALUE THEIR CANOPY HAVE TWO THINGS. AND THIS IS THE OTHER THING, A CANOPY GOAL OF I THINK WE WERE GOING TO PUT THAT IN ONE OF THE WHEREASES, MAYBE OF. BUT I DON'T THINK ZACH WANTED TO TAKE THAT ON WITHOUT THE COUNCIL BEING IN AGREEMENT. BUT I PROPOSE THAT WE, UNDER THE. WHEREAS EMERGING RESEARCH INDICATES. AND THEN IT SAYS THE [01:20:04] HEALTH VALUE OF THE URBAN TREE CANOPY THAT PUT AN ASPIRATIONAL OF 15%. WE'RE AT 11. AND THERE'S NOTHING THAT WOULD BIND US TO THAT. IT'S JUST THAT IT WOULD STATE IN OUR ORDINANCE AND IN THIS AND FOR THE TREE PLANT, THE. SORRY TO SAY THAT ASPIRATIONALLY, THE CITY OF FALLS DESIRES A 15% TO ENCOURAGE WATER AND, YOU KNOW, OTHER THINGS. BUT AND THEN THE HERITAGE TREE, THOUGH, IS A QUESTION. SORRY, DO YOU WANT US TO DO YOU WANT TO STOP THERE TO ADD THAT I CAN DO THAT IF THERE'S NO OBJECTIONS. YEAH. 50% GOAL ASPIRATIONAL. YEAH. SO AND THEN WE ALSO HAVE THE, THE TREE, THE WHAT'S THE PLAN CALLED FOR THE OH, THE, FOR THE URBAN FOREST MANAGEMENT PLAN. SO THEY'VE BEEN WORKING ON THIS TREE MANAGEMENT PLAN FOR A WHILE. AND SO WE WANTED TO PUT THAT INTO, RIGHT. SO THAT IT WAS THERE THAT IT'S PART OF THAT HE DID THAT. YEAH. THANK YOU. THAT IS ONE THING HE PUT IN THERE. AND DID YOU PUT IT UNDER HIS JOB DESCRIPTION? WHERE DID I DID PERFECT. I THINK THAT'S FINE. IT JUST SAYS THAT THAT'S SOMETHING THE FORESTER WILL DO. AND IT'S JUST A GOOD STANDARD ACROSS THE COUNTRY. BUT THE HERITAGE TREE THING IS THE QUESTION THAT I'M INTERESTED IN WHAT YOU GUYS ARE INTERESTED IN. I'LL GIVE YOU AN EXAMPLE. THE ACROSS THE COUNTRY, WHEN THERE'S A TREE THAT HAS A LIKE 200 YEAR HISTORY OR A 400 YEAR HISTORY, A LOT OF CITIES PROTECT THOSE TREES AND SAY YOU NEED A PERMIT TO CUT IT DOWN, AND IT HAS TO BE APPROVED BY THE CITY FORESTER. NOW, THERE'S REASONS WHY YOU CUT THEM DOWN. WE'VE CUT THEM DOWN IN OUR OWN PARKS, RIGHT WHEN THEY'RE DISEASED, OR IF THEY'RE GOING TO CAUSE A PROBLEM OR IF THERE'S A SAFETY ISSUE. IT'S WHEN I SAY PROTECTING HERITAGE TREES. I'M NOT SAYING AT ANY COST. I'M SAYING ONE OF THE THINGS THAT WAS PROBLEMATIC IS THE OLD GROWTH FOREST THAT WAS BY THE RIVER AT THE FISHING POND. THOSE TREES JUST DISAPPEARED SUDDENLY. AND THAT WAS NOT SOMETHING I WANTED. AND I DON'T KNOW. I MEAN, THAT'S THE OLDEST TREES IN THE CITY THAT WERE NATURALLY GROWN. AND, AND IT JUST GOT WIPED OUT. AND SO THAT'S THE KIND OF THING I'M TRYING TO SEE THAT WE CAN MAKE SURE THAT IF THOSE DECISIONS ARE MADE, THAT WE'RE MAKING THOSE DECISIONS AS A AS A COUNCIL OR AS A FORESTER, AT LEAST, SO THAT WHEN WE HAVE THERE'S OTHER TREES IN THE CITY THAT ARE, HAVE, HAVE REALLY PROGRESSED FOR 2 OR 300 YEARS. AND THOSE ARE TREES THAT WE WANT TO MAKE SURE ARE PROTECTED AND NOT JUST SOME NEW HOMEOWNER COMES IN AND JUST CUTS THEM DOWN. AND IT IS A BIT OF AN EXPANSION OF POWER. I CAN TELL YOU THAT IN IN COEUR D'ALENE, IF YOU WANTED TO CUT DOWN ONE OF THE BIG PONDEROSA PINES, YOU HAD TO ASK PERMISSION TO DO IT ANYWHERE IN THE CITY. IF YOU BUILT A HOUSE ON A LOT AND YOU WANTED TO MOVE A TREE IN ORDER TO BUILD THE HOUSE, YOU HAD TO ASK PERMISSION TO CUT THOSE TREES DOWN. YOU HAD TO SHOW THEM WHY. AND THIS IS GOING A LOT LESS HARD THAN I WANTED TO GO, WHICH WAS I MEAN, THERE IS A LOT OF DEVELOPERS ACROSS THE COUNTRY FINDING OUT THAT THEY MAKE MORE MONEY BY RETAINING THE TREES IN THEIR DEVELOPMENTS AND HAVING THE MATURITY THAN CUTTING THEM ALL DOWN. YEAH, BECAUSE PEOPLE VALUE MATURITY. WHEN I MOVED BACK TO IDAHO FALLS, I, MY FAMILY WERE ALL OUT IN THE NORTH END WITH NO TREES, AND THEY WERE ON THE SOUTH END WITH NO TREES. AND I ENDED UP ON TOP OF THAT PARK BECAUSE I HAD JUST COME FROM A DEVELOPMENT IN WASHINGTON WHERE THE BIGGEST TREE WAS THAT BIG AROUND. AND IT JUST IT JUST DIDN'T FEEL RIGHT FOR ME. AND SO I THINK THE DEVELOPERS BENEFIT WHEN THEY ACTUALLY WORK AROUND TREES, ESPECIALLY, YOU KNOW, MAJESTIC TREES. THE ONE THAT MAKES ME NERVOUS EVERY TIME I DRIVE IS UP FROM THAT PARK. THE FISHING POND IS THERE'S A TREE OUT IN THE MIDDLE OF THE FIELD, RIGHT BY THE CAR DEALERSHIPS. THAT TREE, SOME FARMER FOR I MEAN, THAT TREE HAS BEEN THERE FOR 150 200 YEARS. FARMERS HAVE BEEN WORKING AROUND THAT TREE BECAUSE IT'S SO BEAUTIFUL AND JUST AMAZING. AND THEN WE PUT WAS IT US THAT BUILT RIGHT NEXT TO THAT? WHAT IS THAT BUILDING THAT'S RIGHT NEXT TO THAT TREE? THEY RETAINED IT AND CUT IT DOWN. I BELIEVE IT'S THE PUMP. I THINK IT'S THE PUMP ROOM FOR THE IRRIGATION FOR FOR THEIR CANAL. YEAH. SO IT'S JUST INTERESTING. THERE'S CERTAIN TREES THAT HAVE A LOT OF VALUE TO A COMMUNITY THAT PEOPLE DRIVE BY AND CARE ABOUT, AND THEY SEE IT AS A THING. SO THE WAY THE HERITAGE TREE COULD WORK, AND WE DON'T NEED TO WORRY ABOUT IT FOR THIS THURSDAY, AND MAYBE IT'S SOMETHING WE ADD LATER AND DO SOME RESEARCH, BUT YOU JUST SAY YOU CAN'T CUT ANYTHING DOWN. THAT'S MORE THAN EIGHT FEET, YOU KNOW, IN TRUNK SIZE OR WITHOUT A PERMIT FROM THE FORESTER OR SOMETHING. SO JUST I WANT TO KNOW IF THE IF THERE'S INTEREST IN THAT OR NOT. AND, YOU KNOW, IT WOULD BE I PLAY THE DEVIL'S ADVOCATE A LITTLE BIT ON THAT ONE. LIKE IF I WERE, IF I BOUGHT A NICE PIECE OF GROUND AND I WANTED TO BUILD A HOUSE ON IT, AND I'M ON, [01:25:05] LET'S SAY I'M ON THE RIVER AND IT'S GOT SOME SORT OF BIG TREE, BUT I WANT TO THAT'S WHERE I WANT TO LIVE. I WANT MY HOUSE THERE. YEAH. I DON'T WANT SOME CITY COUNCIL TELLING ME I CAN'T CUT DOWN A TREE TO BUILD MY HOUSE. YEAH, I GET IT. BUT WHERE IS THE MIDDLE GROUND? BECAUSE IF IT'S A FIVE. SO LET ME GIVE YOU AN EXAMPLE. THERE WAS A GUY IN IT WAS IF YOU WANT TO PROTECT THE TREE, YOU BUY THE LOT. YEAH. THERE'S A THOUGHT PROCESS. LET ME GIVE YOU AN EXAMPLE. THERE WAS A, THERE WAS A PINE THAT WAS AN ALBINO PINE. IT WAS NATIVE AMERICAN SACRED. IT HAD BEEN THERE FOR 500 YEARS IN THE IN THE ISLAND. AND IT'S ONE OF THE ONLY ALBINO. IT'S THE ONLY WHITE. LIKE IT'S ACTUALLY WHITE, NOT GREEN. AND SOMEONE BOUGHT IT. IT HAD BEEN THERE FOR 500 YEARS AND IT GOT CUT DOWN OVERNIGHT. SO HERE'S THE PLAN. HOW DO WE TAKE THAT DEFINITION TO THE SHADE TREE COMMITTEE AND LET THEM GET A DEFINITION? I DON'T DISAGREE WITH WHAT YOU'RE SAYING EITHER, BUT IS THERE A MIDDLE GROUND WHERE THAT PERSON COULD COME TO US AND SAY, HEY, I'LL MITIGATE OR, YOU KNOW, LIKE MITIGATION? YEAH, I COULD SUPPORT MITIGATION. I COULD SUPPORT MITIGATION OF THAT TYPE OF TREATMENT. YEAH. SOMETHING THAT'S JUST REALLY SO THIS IS JUST, IT'S MY UNDERSTANDING THIS IS NOT ON THURSDAY'S AGENDA. I DON'T KNOW, THERE'S SOME TIME TO PROCESS IT BEFORE IT COMES BACK. I THINK IT'S IT'S NOT ON WHEN IT'S YEAH. IS IT SET PJ I DON'T KNOW. NO IT'S NOT SET. WE FIGURED WE'D HAVE THIS CONVERSATION AND THEN WE'LL WORK ON GETTING IT BACK ON SOME THINGS TO ADJUST HERE. AND WE'LL IT'LL COME BACK AT A LATER WORK SESSION. SO WE DID TAKE AN HOUR OF DIRECTOR HOME, SO I KNOW. SURPRISED. YEAH. BECAUSE THAT IS I DO LIKE WHAT YOU'RE SAYING. AND WE'RE ON SCHEDULE. WE'RE ON SCHEDULE. SO JUST SO I'M CLEAR FOR THE DIRECTION FOR WHAT THE CHANGE. SO WE'RE CHANGING IT. WE'RE ADDING WHEREAS CLAUSE AND THEN TO THE IT SOUNDED LIKE THERE WAS CONSENSUS. CORRECT ME IF I'M WRONG ABOUT IF THEY WENT ON APPEAL, THEN THEY GET THEIR APPEAL FIELD BACK WITH FEEDBACK THAT WAS THERE ANYTHING ELSE? I JUST WANTED TO BRING UP ONE THING. IT WAS MY ERROR, AS THIS HAS BEEN THROUGH MANY ITERATIONS, I'M NOT SURE. SO ON PAGE 13. WE HAVE A REFERENCE TO THE CLEAR VIEW REGULATIONS IN THIS CODE. AND THEN TODAY WHEN I WAS LOOKING THROUGH IT, I REALIZED THAT WE DON'T HAVE THOSE. THE STATE OF IDAHO HAS A CLEAR VISION TRIANGLE REQUIREMENTS. SO BASICALLY, IF YOU IF YOU COME TO AN INTERSECTION, RIGHT, THERE'S, THERE'S A CERTAIN TRIANGLE THAT HAS TO BE CLEAR. AND I THINK THAT'S WHAT OUR PRIOR VERSION, OUR CURRENT CODE REFERS TO, BUT IT'S NOT ACTUALLY IN OUR CURRENT OR PROPOSED CODE. SO I'M NOT SURE IF YOU WANT TO STRIKE THAT LINE RIGHT IN THE MIDDLE. OR DOES HE HAVE A. I THINK IT'S IN THE ENGINEERING STANDARDS. OH, IS IT THE ENGINEERING STANDARDS? SO WE COULD LEAVE IT THERE. IT'D BE FINE. YEAH. OKAY. THAT'S FINE, I DIDN'T. OKAY. SO THE ENGINEERING STANDARDS, WE SHOULD PROBABLY JUST MAKE SURE THAT THE, THE DEFINITIONS MATCH UP OR THE, OR THE WORD, THE VERBIAGE ITSELF MATCHES. YEAH. DOES THAT MAKE SENSE? TRIANGLE OR THE TRIANGLE. TRIANGLE OR WHATEVER IT SAYS IN THE AMENDMENT TO VISION TRIANGLE WITH PUBLIC WORKS. I DON'T KNOW WHAT THEY CALL IT. I KNOW IT IS IN THE STATE CODE. IT'S A TRIANGLE. THAT'S WHAT PROBABLY IS THE 30 FOOT TRIANGLE OR SOMETHING LIKE THAT. THAT'S THE CODE. I DON'T KNOW, I THOUGHT IT WAS 40. YEAH, I THOUGHT IT WAS 40 BY. SO IT'S A 40, RIGHT? IT USED TO BE A 30 FOOT TRIANGLE. I THOUGHT IT WAS. WE WERE LOOKING AT SOME SIGNAGE THE OTHER DAY. WE WERE TALKING 30FT WHEN WE WERE TALKING IN YOUR OFFICE. YEAH. ALL RIGHT. SO I THINK WE'RE ON TO COMMUNITY DEVELOPMENT SERVICES CERTIFICATE OF OCCUPANCY AND STOP WORK. THANK YOU. THANK YOU EVERYBODY. WE APPRECIATE YOU GUYS HAVING US TODAY. THANKS FOR YOUR TIME. THANKS, EVERYONE. THANK YOU. I WORRY MORE ABOUT ALL THE DEAD PINE TREES AROUND TOWN. THERE IS SO MANY GOT OVER ON 25TH STREET AND I'M ON WOODRUFF AND YEAH, YEAH. PEOPLE HAVEN'T CUT THEM DOWN. THEY JUST. YOU THINK WE COULD GET [Community Development Services ] THOSE DOWN UNDER PUBLIC NUISANCE AT SOME POINT? ALSO FOR DISCUSSION, IT WILL NOT BE ON THURSDAY'S AGENDA. THAT'S CORRECT. MAYBE JUST TO EXPLAIN A LITTLE BIT OF OF WHY WE'RE HERE TODAY. YEAH. THIS IS JUST FOR DISCUSSION TO PROVIDE INPUT BACK TO US. IF IT IS NOT ON THURSDAY'S WHAT WE WERE THINKING, WE'D DO SOME CHANGES AND THEN BRING IT BACK TO YOU. BUT THANK YOU. I WAS GOING TO SAY MAYOR AND COUNCIL, COUNCIL, PRESIDENT AND AND COUNCIL, WE'RE HERE BEFORE YOU. WE IN REGARDS TO A CODE REVISION, IT'S ACTUALLY AN ADDITION TO CITY CODE IN REGARDING TO IN REGARDING BUILDING ENFORCEMENT, BUILDING CODE ENFORCEMENT. WHAT WE'RE GOING TO PRESENT TO YOU TODAY IS WHAT WE'VE BEEN DOING AS AN INTERNAL POLICY. BUT AS [01:30:03] WE'VE GONE ALONG AND IN TALKING WITH LEGAL, WE FOUND SOME OF IT DIDN'T HAVE THE TEETH THAT WE NEEDED TO ACTUALLY ENFORCE ON SOME BUILDING CODE. AND OUR MAIN INTENT HERE IS, IS THE ENFORCEMENT ELEMENT. BUT IT'S ALSO STRIKING THAT BALANCE BETWEEN, YOU KNOW, ENFORCEMENT, DEALING WITH REPEAT OFFENDERS, BUT ALSO AT THE SAME TIME CREATING A TEACHING ELEMENT AND SOME ABILITY FOR US TO TEACH AND TO HELP THOSE THAT MAY BE ERROR IN SOME OF THESE ACTIONS. AND THE MAIN ISSUE THAT WE'RE FINDING IS WE'RE FINDING TWOFOLD. AND THAT'S WHAT THIS ORDINANCE IS TRYING TO ADDRESS. AND THEN I'LL TURN IT OVER TO CODY HERE. AND CODY IS OUR CHIEF BUILDING OFFICIAL. SORRY, I SHOULD HAVE I SHOULD HAVE INTRODUCED HIM, BUT SORRY. IT'S OKAY. SO THE FIRST THING WAS WE WE'VE HAD SIGNIFICANT PROBLEMS OF PEOPLE AFTER THEY'VE CONSTRUCTED NOT HAVING A CERTIFICATE OF OCCUPANCY AND MOVING IT INTO THE BUILDING. SO THAT'S THE FIRST ISSUE THAT WE'VE HAD BECAUSE ONCE PEOPLE GET INTO A BUILDING, IT'S VERY HARD TO BRING THEM OUT OF THE BUILDING. THE SECOND IS DEALING WITH PEOPLE BASICALLY CONSTRUCTING WITHOUT A BUILDING PERMIT. AND SO WE'LL ISSUE A STOP WORK AND THAT'S IT. WE HAVE A LOT OF PEOPLE THAT JUST WILL CONSTRUCT WITHOUT A PERMIT, AND THEN THEY'LL JUST TAKE THE STOP WORK AND FIGURE IT OUT LATER. SO WE'RE TRYING TO MITIGATE THAT. WE'RE TRYING TO GET THIS TO BE CONSISTENT WITH THE POPULATION. PEOPLE THAT ARE REPEAT OFFENDERS KNOW THIS IS WHAT WE'RE GOING TO DO, AS WELL AS GIVE US SOME FLEXIBILITY WITHIN THAT PROCESS. SO WITH THAT, I'LL HAVE CODY DESCRIBE TO US THE DETAILS. WE JUST HAVE A FEW SLIDES. WE'RE NOT TRYING TO TAKE A LOT OF TIME. SO YEAH. ALL RIGHT. THANK YOU. SO IN THE INTERNATIONAL BUILDING CODE AND IN THE INTERNATIONAL RESIDENTIAL CODE, IT IS SIMPLY SAYS THAT ALL BUILDINGS ARE REQUIRED TO HAVE A CERTIFICATE OF OCCUPANCY. HOPEFULLY YOU ALL ARE BUILDING. IT'S PRETTY STRAIGHTFORWARD IN THIS PART OF THE ORDINANCE. ONE OF BUILDING IS OCCUPIED WITHOUT A CERTIFICATE OF OCCUPANCY. WE HAVE KIND OF A STEPPED WAY OF OF KIND OF ENFORCING THIS. THE FIRST TIME WE WE POST A DO NOT OCCUPY, IT BECOMES AN INFRACTION. AND WITH THAT, EACH DAY IS A SEPARATE OFFENSE. AND WE, WE KIND OF PUT THAT TOGETHER. AND THEN AFTER SEVEN DAYS, IF THEY REMAIN IN THAT BUILDING, THEN. OF THAT FIRST WRITTEN NOTICE, IF THEY CONTINUE TO OCCUPY THE BUILDING, IT BECOMES A MISDEMEANOR. AND THEN PART OF THAT, IT'S THAT THE BUILDING OFFICIAL IS AUTHORIZED TO SEEK INJUNCTION, INJUNCTIVE RELIEF FROM A COURT, AND AUTHORIZED LAW ENFORCEMENT TO REMOVE THE PERSON OR PERSONS FROM THAT BUILDING. AND THAT IS IS KIND OF THE FIRST PART OF THIS ORDINANCE. MAYBE I SHOULD ASK IF THERE'S ANY QUESTIONS BEFORE I GO TO THE SECOND PART. QUESTION. I DID WRITE ONE DOWN, AND I DON'T KNOW IF THIS IS A PLACE TO ASK PARTICULARLY, BUT I WAS CURIOUS ABOUT LIKE A CONDEMNATION OF A, OF A BUILDING OR SOMETHING. I MEAN, THE TIMETABLE APPLIED THAT WAY TO, LET'S SAY WE WENT IN AND SAID, THIS PLACE ISN'T SAFE FOR OCCUPANCY, RIGHT? YEAH, THIS WOULD BE VERY SIMILAR TO THAT. THERE'S THAT KIND OF GOES A LITTLE BIT MORE WITH PROBABLY CONSTRUCTION WITHOUT A PERMIT. BECAUSE WE DO HAVE SOME WORDING IN THAT RIGHT NOW. WE WORK A LITTLE BIT WITH THE POLICE DEPARTMENT CODE ENFORCEMENT ON THAT PART. OKAY. UNDER OUR ADOPTED INTERNATIONAL PROPERTY MAINTENANCE CODE, IT HAS SOME VERY SPECIFIC LANGUAGE. IF WE ARE TO ABOUT CONDEMNING A PROPERTY, CONDEMN A PROPERTY. YES. SO LUCKILY WE HAD TO DO THAT SINCE I'VE BEEN HERE. YES. CAN YOU GIVE ME SOME EXAMPLES OF HOW PEOPLE END UP OCCUPYING A BUILDING THEY DIDN'T KNOW, [01:35:03] DIDN'T HAVE A CERTIFICATE OF OPERATION? LIKE, IS IT IS IT A REALTOR OR IS IT A HOME BUILDER WHO'S ENCOURAGING THEM TO MOVE IN BEFORE THE CERTIFICATE IS THERE? SO PROBABLY THE, THE MOST COMMON IS WE HAVE THE BUILDER AND WE WORK VERY CLOSELY WITH THE BUILDERS. AND WHEN WE GET CLOSE TO A BUILDING, WE JUST HAD SOME RECENTLY, WE GET CLOSE TO THE END OF A BUILDING AND, AND THEY HAVE JUST A FEW CORRECTIONS. AND SOMETIMES THEY CAN BE SERIOUS ONES. LIKE ONE OF THE LAST ONES, THE FIRE DEPARTMENT HAD NOT SIGNED OFF ON THE FIRE SPRINKLER SYSTEM OR FIRE ALARM SYSTEM. THEY DIDN'T HAVE EXITS IN PLACE. AND THE CONTRACTOR JUST LET THE HOMEOWNER OR THE BUILDING OWNER JUST TOLD HIM, HEY, IT'S CLOSE ENOUGH, YOU CAN GO AHEAD AND MOVE IT. AND THEY OPENED UP AND OPENED IT TO THE PUBLIC, AND THEY DID NOT HAVE A CERTIFICATE OF OCCUPANCY. SO HERE'S THE HARD PART FOR ME AND THE WAY THIS IS WORDED. SO I MOVE IN BECAUSE I ASSUME EVERYTHING IS ALL GOOD. I DON'T KNOW ANY BETTER. RIGHT. AND SUDDENLY I'VE GOT AN INFRACTION EVERY SINGLE DAY AFTER THE SO I GET EIGHT INFRACTIONS, AND THEN I HAVE A MISDEMEANOR BEFORE I EVEN HAD A CHANCE TO MOVE BACK OUT. SO THE. IF I UNDERSTAND IT, THOUGH, WHERE YOU'RE GOING IS TO THE PROPERTY OWNER, NOT TO THE LESSEE. SO IN YOUR CIRCUMSTANCE, YOU'RE SAYING, ARE YOU CONSIDERING YOURSELF THE LESSEE? LIKE YOU'RE LEASING THE PREMISES OR I HAVE THE BUILDER BUILD MY HOUSE AND HE SAID, IT'S GOOD TO GO. I MOVE IN AND THEN I FIND OUT IT WASN'T. YEAH. NOW THAT'S AN INTERESTING ONE. IF YOUR BUILDER DID IT. YEAH. I MEAN, I JUST WONDER IF WE'RE GETTING THE PRESSURE ON, ON THE RIGHT GROUP AND DO WE HAVE THE RIGHT PRESSURE? AND I GUESS I'M REAL SHY ABOUT HOW STRICT THINGS ARE TODAY BECAUSE OF WHAT WE WERE ALL GOING THROUGH THIS WEEKEND. THANK YOU JOHN. SO IS IT IS THIS THE RIGHT PENALTY AND DOES IT ACCOMPLISH WHAT WE WANT, LIKE I ACCOMPLISH? I CAN BE FINE WITH ONE AND THREE. I HAVE A LITTLE BIT HARDER TIME WITH NUMBER TWO GOING TO A MISDEMEANOR SO QUICKLY. AND I DON'T KNOW, MAYBE I JUST NEED TO THINK, THINK THROUGH THAT A LITTLE BIT MORE BECAUSE I'M FINE WITH THERE'S KIND OF DIFFERENT. YEAH. I MEAN, THAT'S A STANDARD, RIGHT? SO WHEN WE WRITE AN ORDINANCE THAT'S THE BASE PENALTY. OTHERWISE IT HAS TO GO THROUGH A DIFFERENT PROCESS BASICALLY. OKAY. SO IN ORDER TO, TO HAVE IT THAT YOU HAVE TO HAVE THAT BASE LAYER. OH YEAH. EXACTLY. WHEN AN ORDINANCE DOESN'T STATE A. A PUNISHMENT, IT'S AUTOMATICALLY. YEAH. WELL, SO IF WE SAY SUCH AND SUCH IS UNLAWFUL, IT'S AUTOMATICALLY A MISDEMEANOR UNLESS WE SPECIFY THAT IT'S INFRACTION. BUT YOU DON'T HAVE TO DO INFRACTION FIRST, THEN MISDEMEANOR. YOU COULD GO STRAIGHT TO A MISDEMEANOR. BUT WE ARE STATING STEP WHERE YOU'RE SUGGESTING INFRACTION FRACTION. YES. SO WHAT HAPPENS IF I GET THE I'VE NOTICED OF THE INFRACTION. I SAY OKAY, FINE. I'M GOING TO CORRECT IT. BUT GUESS WHAT. IT'S GOING TO TAKE ME 45 DAYS. WHAT'S YOUR STANCE FROM YOUR TEAM? SO, SO JUST RIGHT FROM THE BEGINNING, YOU HAVE TO MOVE THIS FIRST PART WHERE YOU HAVE TO HAVE A CERTIFICATE OF OCCUPANCY TO BE IN THERE. YOU HAVE TO MOVE OUT. SO YOU HAVE TO MOVE OUT. YOU GOT TO MOVE OUT 45 DAYS. AND, AND THAT'S THE THING. BUT, BUT IF I'M WORKING TO CORRECT IT, AM I, AM I, I'M NOT I'M NO LONGER IN THE PATH OF BEGINNING OF GETTING A MISDEMEANOR. IS THAT CORRECT? RIGHT. ONCE YOU'RE ONCE YOU'VE STOPPED OCCUPYING IT, THE OCCUPATION WITHOUT IT, ONCE YOU'VE STOPPED OCCUPYING, YOU'RE FINE. YEAH, YEAH. THE SECOND ONE IS REALLY FOR KIND OF PEOPLE I KNOW NOW I'M DOING. YOU CAN SEE THERE'S A VAST DIFFERENCE BETWEEN THAT TRAIN OF THOUGHT. I KNOW AND I DON'T CARE, I KNOW, YEAH, I KNOW, I DON'T CARE, CORRECT. YOU CAN'T TELL ME WHAT TO DO. YEAH. THE OTHER THING THAT I THINK IS INTERESTING IS WE RAN INTO THIS SOMETIMES WITH CERTAIN PLAYERS. THE ONE THAT COMES TO MIND IS THE TIRE PEOPLE ON THE CORNER OF YELLOWSTONE THAT WE WE THERE IS TIMES WHERE WE NEED THE STRENGTH. WE DO NEED SOME MUSCLE. IT'S TOO BAD IT'S BACK HERE TO SAY. IS. BASICALLY YOU'RE SAYING, I'VE GOT TO GET OUT OF THAT HOUSE NOW, AND I DON'T EVEN KNOW HOW TO GET THEM OVER THERE IN THAT AMOUNT OF TIME. IT'S KIND OF LIKE, DO I HAVE TO MOVE ALL MY FURNITURE OUT OR AM I SUPPOSED TO GO, NO, I DON'T THINK I CAN MOVE ALL YOUR FURNITURE. YOU JUST CAN'T OCCUPY IT. SO I HAVE TO GO LIVE IN A HOTEL OR SOMETHING. IT DEPENDS ON THE INFRACTION. SOME I SHOULD, BECAUSE THERE ARE SOME INDUSTRIAL ELEMENTS TO, FOR EXAMPLE, THAT AREN'T SAFE TO BE IN IN THE BUILDING. IT COULD BURN THE BUILDING DOWN. AND THAT HAS NOTHING TO DO WITH PEOPLE HABITATION. YEAH. SO SO REALLY, WE'RE NOT TELLING ANYONE TO JUST MOVE EVERYTHING [01:40:04] OUT. BUT FOR EXAMPLE, WE'VE HAD HOMES THAT HAVE GAS LEAKS IN THEIR HOME. AND WE, WE DEFINITELY DON'T WANT TO HAVE PEOPLE OCCUPY THOSE BUILDINGS UNTIL THAT GETS FIXED, PASSED OFF AND, AND IT'S SAFE TO BE IN THE HOME, BASICALLY THAT THAT IS THE MAIN PART. THAT IS. SO WHO NORMALLY GETS THE CERTIFICATE OF OCCUPANCY? THE THE BUILDER. YES. THE BUILDER. SO THE WAY WE DO IT IN OUR PERMITTING IS THAT THERE'S AN APPLICANT AND THEN THERE'S A LIST OF PEOPLE THAT ARE ON THAT PERMIT. AND WE JUST ISSUE THAT CERTIFICATE OF OCCUPANCY TO THE APPLICANT USUALLY GOES TO THE PROPERTY OWNER, THE BUILDER, THE ARCHITECT, WHOEVER IS LISTED ON THAT. SOMETIMES IF YOUR LEASE OWNER AND YOU'RE NOT LISTED ON THERE, THAT'S THE ONLY ONE THAT PROBABLY WON'T GO TO. I DON'T KNOW. BUT I GUESS IT'S KIND OF LIKE IF THIS WERE WORDED. SO IT'S REALLY CLEAR THAT THE PERSON RESPONSIBLE FOR GETTING THE CERTIFICATE FAILED TO DO SO IS RESPONSIBLE FOR THE INFRACTION, NOT THE PERSON WHO MIGHT HAPPEN TO BE IN THE IN THE APARTMENT SAYING. IS THAT DOES THAT MAKE ANY SENSE? TOTALLY. YEAH. YOU COULD ADD A REQUIREMENT THAT IT'S KNOWINGLY. YEAH, YEAH, THAT WORKS TOO. I'M TRYING TO COVER IT. SO IF YOU'RE IN THERE AND YOU DON'T, YOU, YOU'RE NOT HEARING ANY OF THIS NOISE, RIGHT? IT'S THE BUILDER THAT DIDN'T GET THE. AND YOU DON'T KNOW. AND YOU'RE. AND THEY TELL YOU TO GET OUT AND YOU SAY, I'M TRYING TO THINK IT'S COMING BACK TO SOMEBODY SUPPOSED TO BE IN COMPLIANCE. AND THEY'RE THE ONE WHO'S RESPONSIBLE. YEAH. RIGHT. I THINK THAT'D BE A GOOD IDEA. BUT ANNOYINGLY KNOWING. YEAH, I'LL BE QUIET. OF COURSE, THE, THE FLIP SIDE TO THAT IS NOW THE DEFENSE IS, OH, I DIDN'T KNOW. RIGHT. BUT THAT'S APPROVABLE ISN'T THAT, YOU KNOW, WELL, WE'VE INFORMED YOU NOW THAT NOW YOU KNOW, SOMEBODY'S SUPPOSED TO PICK UP THAT CERTIFICATE OF OCCUPANCY. AND THAT'S THE PART OF COMMUNICATION TO CITY WORKS IS VERY CLEAR. YOU STILL HAVE INSPECTIONS, YOU STILL HAVE A. RIGHT. AND WHAT IT WOULD DO IS IT WOULD MEAN AT SOME POINT, CODY WOULD SAY, YOU NEED A CERTIFICATE OF OCCUPANCY. AND AT THAT POINT THEY KNOW. AND THEN IF THEY CONTINUE, THEN IT WOULD BE A VIOLATION. SO I HAVE ACTUALLY CALLED SEVERAL JURISDICTIONS THROUGHOUT THE STATE OF IDAHO, AND I'M KIND OF HOW THEY DO THIS AND AND AM AND ACTUALLY HAS A REALLY GOOD WAY. THEY RIGHT NOW, THEY ACTUALLY HAVE, WHEN YOU FILL OUT A PERMIT APPLICATION, THEY HAVE A PART THAT SPELLS THIS OUT VERY CLEARLY AND HAS THAT APPLICANT ACTUALLY INITIAL IT. SO WHEN THEY GET TO THAT POINT, IF THEY MOVE IN AND THEY SAID, I DON'T KNOW, I DIDN'T KNOW THAT THERE ARE THESE YOUR INITIALS? INITIALS THERE, RIGHT, RIGHT. I WOULD SAY HAVE THEIR NAME AND SIGNATURE. THERE'S NO YEAH, SOMETHING LIKE THAT. SO WE CAN INCORPORATE THAT IN OUR PERMITTING PROCESS TOO. SO THEN TO GET TO THAT KNOWING MOMENT, OKAY, OKAY. ANY OTHER QUESTIONS ON THAT PART? AND THEN THE SECOND PART IS CONSTRUCTION WITHOUT IMPROVEMENT. THIS IS ONE THAT WE, WE PROBABLY STRUGGLE WITH AT THE VERY MOST. WE HAVE A LOT OF PEOPLE THAT START CONSTRUCTION OR ALTERATIONS, REPAIRS TO BUILDINGS WITHOUT A PERMIT, AND WE HAVE TO GO RENT THEM OR PLACE A. DO NOT OCCUPY ON THE BUILDING. BUT AFTER THAT, WE HAVE VERY LITTLE THAT WE THAT WE HAVE IN PLACE THAT WE CAN ENFORCE THE FACT THAT THEY NEED TO MAKE SURE THAT IT'S BUILT TO CODE. AND AS YOU, AS YOU CAN SEE RIGHT HERE IS IF THERE'S VIOLATIONS OF THE CODE. UPON THE NOTICE OF THAT VIOLATION, I'LL WORK IMMEDIATELY NEEDS TO CEASE. AND THEN WITHIN SEVEN DAYS OF RECEIVING A STOP WORK ORDER OR DO NOT OCCUPY, THE BUILDING OWNER SHALL APPLY FOR A BUILDING PERMIT. THERE'S NOT REALLY A PENALTY IN PLACE RIGHT THERE. IT'S JUST WE WANT YOU TO COME IN AND PULL A PERMIT SO THAT WE CAN HELP YOU MAKE SURE THE BUILDING IS BUILT CORRECTLY INTO THE CODES. IF YOU THINK IT MIGHT BE BETTER TO NOT ASSESS THAN THE PERMIT STANDARD PERMIT [01:45:02] FEE, AND UNTIL SEVEN DAYS ARE UP. SO THIS IS THIS IS A REALLY ENCOURAGE THEM TO DO IT BECAUSE IF YOU IF YOU SAY IT'S GOING TO BE DOUBLE NOW, THEY'D BE SEEMS TO ME LIKE BE LESS LIKELY TO WANT TO DO IT. I DON'T KNOW IF YOU GAVE HIM A GRACE PERIOD. DOES THAT MAKE SENSE. SO THIS IS A REALLY COMMON ONE IN ALL OTHER COUNTIES AND CITIES. AND IT WORKS FOR THEM. OKAY. YEAH. AND WE'VE ACTUALLY HAD THAT AS A POLICY. IT JUST HASN'T BEEN AN ORDINANCE. AND IT KIND OF THE THINKING, IF I REMEMBER RIGHT, CODY, SOME OF THE THINKING BEHIND THAT WAS YOU HAVE PEOPLE WHO THE WAY THEY THINK IS, WELL, WORST CASE IF I GET CAUGHT IS NO WORSE THAN THE BEST CASE OF I DO IT UP FRONT, RIGHT? SO I I CAN GO IN AND PAY IT RIGHT NOW. OR I COULD TRY TO JUST NOT GET A PERMIT. AND THE WORST CASE IS I END UP HAVING TO PAY THE SAME PERMIT FEE, SO IT'S NOT REALLY THAT BAD. I MIGHT AS WELL RISK IT. YEAH. SO THAT'S THE THING. IS THAT RIGHT? THAT IS RIGHT. YES, THAT IS CORRECT. RIGHT. I MAY KNOW SOMEBODY. YEAH. AND YOU BROUGHT UP THAT THAT NEXT ONE. THAT IS A REALLY COMMON. I AGAIN CALLED SEVERAL DIFFERENT JURISDICTIONS. AND THAT'S EXACTLY WHAT EVERYONE HAS IN PLACE RIGHT NOW THAT I CALLED. AND THEN THE BUILDING OFFICIAL MAY REQUIRE TESTING, INSPECTIONS OR REMOVAL OF MATERIALS TO VERIFY COMPLIANCE. AND WORK MAY RECOMMENCE ONLY AFTER ALL REQUIRED PERMITS HAVE BEEN ISSUED. CAN I ASK YOU A QUESTION? SORRY TO STOP, BUT ON THAT ONE THERE, THE BUILDING OFFICIAL MAY REQUIRE TESTING AND INSPECTION. TELL ME MORE. GIVE ME AN EXAMPLE OF SOMETHING WHERE THAT MIGHT. TO ME IT FEELS LIKE ONCE YOU HAVE THAT WORD MAY REQUIRE TESTING IT. ALL OF A SUDDEN IT OPENS UP THE DOOR FOR ALL THESE EXTRA THINGS THAT SOMEBODY WHO'S JUST SEEKING THE PERMIT. NOW, THEY MIGHT HAVE TO GO AND GO DO A BUNCH OF EXTRA STUFF. SO HELP ME UNDERSTAND THAT ONE. SURE. YOU BET. SO A REALLY GOOD EXAMPLE, A REALLY COMMON ONE IS SOMEONE RUNS NEW ELECTRICAL WIRING AND THEN THEY COVER THAT WITH WITH SHEETROCK. OKAY. AND SO WE HAVE TO HAVE THEM REMOVE THAT SHEETROCK IN ORDER TO DO THAT INSPECTION. AND THAT MAKES TOTAL SENSE. WHERE THERE MIGHT BE A FIRE RATED WALL ASSEMBLY THAT IS REQUIRED IN THAT BUILDING. AND WE HAVEN'T DONE THAT INSPECTION. AND SO THERE'S SOME TESTING THAT NEEDS TO BE DONE ON THAT WALL. OKAY. OR SO IT'S NOT CONCRETE. I GUESS WHAT I'M TRYING TO GET AT IS, IS NOT THAT, THAT, THAT ALL OF A SUDDEN THIS BUILDING OFFICIAL CAN GO AND REQUIRE WHATEVER THEY WANT. IT'S MORE, WELL, HEY, YOU WENT TO STEP B BEFORE WE PASSED STEP A, RIGHT? THAT'S REALLY WHAT YOU'RE SAYING. THE INTENT IS NOT VINDICTIVE ON OUR PART. AND THAT'S REALLY WHAT I WANT TO MAKE SURE THAT NO ONE CAN COME BACK AND SAY THE CITY'S PICKING ON ME. YEAH. YOU KNOW? OKAY. VERY GOOD. YEAH. THIS IS JUST TO GO BACK TO STEP ONE AND THEN JUST MOVE THROUGH, AND THERE'S GOT TO BE SOME TESTING. DID OUR CONVERSATION ABOUT UNFINISHED BASEMENTS SPUR ANY OF THIS? NO, NO, NO. WE IF YOU IF YOU WANT TO GIVE A LITTLE BACKGROUND, WE HAD THIS AS POLICY TRYING TO THINK WHEN COUNCIL MEMBER FRANCIS, WHEN IT WAS COUNCIL MEMBER BIRDSALL, WE HAD TALKED ABOUT THIS ENFORCEMENT WHEN THEY WERE MY LIAISONS ABOUT THIS TIERED APPROACH. SO IT'S BEEN YOU'VE BEEN DOING IT ABOUT TWO YEARS, I GUESS. OKAY. YEAH. BUT IT'S JUST WE'RE FINDING WE'RE NOT HAVING THE TEETH NOW THAT'S THE PROBLEM. NO, IT'S NOT ONE SPECIFIC. WELL, IT WASN'T JUST HAD THAT CONVERSATION ABOUT PEOPLE WON'T GET THE PERMIT. AND IF THEY DON'T, YOU KNOW, THESE ARE JUST. NO THEY FINISH THEIR BASEMENT. YEAH. NO, THESE ARE JUST PROBLEMS WE'RE CONSISTENTLY SEEING. AND SOME OF THEM ARE REPEAT OFFENDERS THAT WE'RE CONSISTENTLY SEEING. SO OKAY. SO AND THEN DO NOT OCCUPY SHALL BE IN EFFECT UNTIL PERMITS HAVE BEEN OBTAINED AND THE BUILDING IS SAFE TO OCCUPY. AND THEN IF YOU CAN GO TO THE NEXT PAGE. AND THEN LIKE I MENTIONED BEFORE, THE PROPERTY OWNER HAS SEVEN DAYS TO APPLY FOR THE PERMIT. BUT IF THE PROPERTY OWNER FAILS TO APPLY FOR A PERMIT, THEN WITHIN SEVEN DAYS OF THE STOP WORK NOTICE, THEY WOULD BE GUILTY OF INFRACTION. AND THEN IF WITHIN 21 DAYS OF THE STOP WORK NOTICE, THEY WOULD BE GUILTY OF AN ADDITIONAL ADDITIONAL [01:50:03] INFRACTION. AND THEN ADDITIONAL INFRACTION EVERY 14 DAYS IN WHICH THE PROPERTY OWNER FAILS TO APPLY FOR A PERMIT. AND THE NEXT ONE IS A PERSON CANNOT CONSTRUCT, ALTER OR REPAIR A STRUCTURE AFTER A STOP WORK ISSUANCE WITHOUT OBTAINING A PERMIT. PEOPLE CANNOT OCCUPY A STRUCTURE WITH A STOP WORK NOTICE, AND THEN VIOLATION SHALL BE ENFORCED AS FOLLOWS. THE FIRST VIOLATION SHALL BE PUNISHABLE AS INFRACTION. SECOND VIOLATION OCCURRING 7 OR 14 DAYS AFTER THE FIRST VIOLATION POSTED SHALL BE PUNISHABLE AS AN INFRACTION. AND THEN THE THIRD VIOLATION OCCURRING 14 DAYS AFTER THE SECOND VIOLATION, SHALL BE PUNISHABLE AS A MISDEMEANOR. SO SO WE'RE TRYING TO GIVE PEOPLE QUITE A BIT OF TIME HERE TO, TO REALLY GET YEAH, TO GET THINGS. WE DID WANT TO PUT THAT LAST BULLET POINT THAT IF THERE REALLY IS A HEALTH AND SAFETY ISSUE, THAT WE CAN ESCALATE IT, OR SHOULD IT BE THEN RATHER THAN THAN VIOLATION, THEN THE FIRST VIOLATION SHALL BE MEASURED. YEAH. YES. YEAH. OKAY. I, THIS IS ME TYPING IT. SO YEAH. WHAT'S THE THRESHOLD TO GET A BUILDING PERMIT? YOU KNOW, IF YOU'RE DOING A HOME IMPROVEMENT PROJECT, AT WHAT POINT DO YOU HAVE TO CALL AND GET A BUILDING FIRM COME DOWN TO THE BUILDING PERMIT? SO SO THAT IS A LOADED QUESTION. IT DEPENDS ON WHAT YOU'RE DOING. SO ANY ELECTRICAL WORK IS REQUIRED TO HAVE A PERMIT. LIKE IF I, IF I CHANGE THE THE OUTLETS IN MY HOUSE I'M SUPPOSED TO GET A PERMIT. YES. I WOULD NEVER DO SUCH A THING. SO THEY CAN'T MECHANICAL. IF YOU CHANGE ANY OF THE DUCTWORK OR YOU CHANGE THE SIZING OF THE FURNACE OR PUTTING IT. PUT IN A NEW FURNACE OR AIR CONDITIONER OR HEAT PUMP, YOU'RE REQUIRED TO HAVE A PERMIT. PLUMBING. IF YOU CHANGE PLUMBING, PIPING, THEN YOU HAVE A PERMIT. BUT LIKE A FAUCET, YOU DON'T HAVE TO. IF YOU JUST CHANGE OUT YOUR SINK TOILET, SAME LIKE, LIKE FOR LIKE PERMIT AND THEN AND THEN IF YOU DECIDED TO REMODEL THINGS INSIDE YOUR HOME, WE WANT TO PERMIT ONLY FOR THE FACT THAT WE WANT TO MAKE SURE PEOPLE ARE NOT TAKING OUT BEARING WALLS. AND HAVING THEIR HOUSE POSSIBLY COLLAPSE. OKAY. AND THEN THE PERMIT REVIEW PROCESS, YOU JUST SUBMIT WITH THE ARCHITECTURAL RENDERINGS. THAT REVIEW TYPICALLY TAKES TWO WEEKS, IF THAT. AND THEN SOMETIMES WE HAVE REVIEWS ON THEM, BUT THEY'RE PRETTY QUICK TURNAROUND FOR A PERMIT, NOT A SUPER CUMBERSOME PROCESS. SOME PEOPLE THINK IT IS BECAUSE YOU HAVE TO HIRE AN ARCHITECT OR A STRUCTURAL ENGINEER. OH, WHERE CAN I FIND THAT INFORMATION? AND IS IT SOMEWHERE IN THE CITY WEBSITE? OKAY, SO THERE'S A LINK. AND IF YOU GO TO COMMUNITY DEVELOPMENT SERVICES, THERE'S A PLANNING LINK AND A BUILDING LINK AND IT ACTUALLY SAYS, WHEN SHOULD I APPLY FOR A BUILDING PERMIT? YEAH, IT'S JUST LIKE THAT. THERE'S A YEAH, IT ACTUALLY SAYS THAT FREQUENTLY ASKED QUESTION. AND THEN THERE'S A LINK TO CITY WORKS RIGHT THERE ON THE WEBSITE. WE JUST HAVE BEEN IN THE PROCESS OF REVAMPING ALL THAT. AND THEN ALSO WHEN A PERMIT IS REQUIRED, WHEN IT'S NOT, WE HAVE THAT LAID OUT IN THE WEBSITE AS WELL. OKAY, GREAT. I THINK I WOULD SUGGEST ON THIS TYPE OF THING, THAT SIMILAR TYPE OF LANGUAGE THAT YOU TALKED ABOUT, JIM, IS THAT LET'S SAY SOMEBODY APPEALS THIS AND THEY ARE FOUND TO BE UPHELD, THEIR APPEALS UPHELD, THEN THEY WOULD GET REFUNDED WHATEVER PENALTIES OR ANYTHING LIKE ONE OF THE REVIEWS YOU MIGHT DO. AND WHENEVER WE RUN INTO THESE WHERE YOU HAVE A RIGHT TO APPEAL AND IT MIGHT BE APPEALED, THAT'S A THAT'S A COURT RULE, AND I'M NOT SURE DO WE NEED IT ONCE WE SAY IT'S AN INFRACTION? THE OTHER THE BOARD OF ADJUSTMENT THAT'S SOLELY WITHIN THE CITY. WE HAVE THE RIGHT TO TO SAY, HEY, WE'LL GIVE YOU BACK YOUR YOUR FINE. I'M TRYING TO THINK FOR INFRACTION. THERE ISN'T ANY COST TO THE TO THE OR TO THE PERSON GETTING THE INFRACTION. IF THEY'RE FOUND NOT GUILTY. THERE'S NO LIKE FILING COST OR ANYTHING LIKE THAT. WHAT IT WOULD BE, WHAT IT WOULD BE IS IF THEY HAD AN ATTORNEY, THAT WOULD BE THEIR COST. RIGHT? AND THEN IF THEY APPEALED, THEN FROM THE INFRACTION OR THE MISDEMEANOR, THERE'S LIMITED COSTS, LIKE [01:55:05] SOME FILING POTENTIAL. I THINK ALTHOUGH MOST CRIMINAL CASES, THERE'S NOT A MOST PEOPLE ARE INDIGENT AND THEY'RE GOING TO QUALIFY TO NOT HAVE TO PAY FOR COSTS, BUT THAT'S GOING TO BE ALL GOVERNED BY THE IDAHO CRIMINAL RULES OF PROCEDURE. AND IT'S NOT SOMETHING WE CAN AFFECT. WE CAN'T TELL THE COURTS, HEY, MAKE THEM, YOU KNOW, BUT THIS ONLY APPLIES WHEN SOMEONE APPEALS WITHIN THE CITY. AND THERE'S A COST TO THE APPEAL. RIGHT. SO THE BOARD OF ADJUSTMENT ON US WHEN WE. IT ISN'T IT ISN'T LIKE YOU'RE TO ME, IT'S NOT THE INFRACTION. IT'S WHEN SOMEONE SAYS, WAIT A MINUTE, I WAS MISTREATED AND I GO TO THE BOARD OF ADJUSTMENT AND I WIN MY CASE, THEN I GET IT AND THAT'S FINE. I GO TO COUNCIL AND I WIN MY CASE. YEAH. AND YOU CAN DO THAT. YOU CAN DO THAT. YEAH. BUT. RIGHT. AND YOU CAN DO THAT. THAT'S THAT'S FINE. BUT HERE THIS IS A DIFFERENT PROCESS. AS YOU'RE SAYING, IT'S AN INFRACTION OR A MISDEMEANOR. AND THAT'S THE CRIMINAL SYSTEM. IT DOESN'T GO TO CITY COUNCIL. RIGHT? NO. THIS IS WHEN YOU CLOUD IT'S YOUR FEE. YOU FILE WITH THE CITY A CERTAIN FEE WHEN YOU APPEAL SOMETHING. AT LEAST THAT'S WHAT I BELIEVE. IT'S CORRECT. AND SO IF YOU WIN YOUR APPEAL WITHIN THE CITY, THEN YOU GET RIGHT, RIGHT, RIGHT. AND THAT WORKS FOR THE TREE ORDINANCE. BUT HERE IT'S NOT GOING TO CITY COUNCIL. IT'S JUST GOING TO INFRACTION MISDEMEANOR WHICH GOES TO THE COURTS, NOT US. OKAY. GOTCHA. YEAH. THE ONE THING THAT I SUGGEST AND WE'VE TALKED ABOUT THIS BRIEFLY IS I DON'T KNOW HOW MANY RED TAGS DO NOT OCCUPY COME UP, BUT IT SEEMS TO ME THAT THERE OUGHT TO BE PART OF THE PROCESS THAT THE DIRECTOR IS INFORMED EVERY TIME, AND THAT'S MORE OR LESS SAYING, OKAY, WHOEVER THE DIRECTOR IS, DIRECTOR SANDER, YOU ARE AWARE OF ANY BUSINESS THAT'S BEING SHUT DOWN BY THE BUILDING DEPARTMENT OR BY THE FIRE. IT SHOULD BE ALSO COME TO YOU THAT IT PASSES THROUGH YOUR I DON'T KNOW. AND YEAH, HOW WE, YEAH, WE, WE COULD INTERNALLY, IF WE WANTED TO PUT THAT IN THE ORDINANCE. WE CAN DO THAT. THAT'S FINE. HOW IT COMES RIGHT NOW IS, IS CODY WE HAVE OUR DIVISION HEAD MEETINGS ON WEDNESDAY MORNINGS AND CODY AND CARRIE BOTH WILL TELL US, HEY, THERE'S A ZONING VIOLATION OR WE'RE LOOKING AT A ZONING VIOLATION OR FUNDS ISSUE, BUT WE CAN PUT THAT IN THE ORDINANCE AND JUST SAY THAT IT WOULD ALERT THE THE DIRECTOR OF THE DIRECTOR SHALL BE INFORMED OF. I THINK IT. THAT'S FINE. YEAH. THAT WAS FIRST STOP WORK ORDER AND. ANY VIOLATIONS. YEAH. YEAH, THAT'S TOTALLY FINE. THANK YOU. OKAY. OTHER QUESTIONS. I JUST WANTED TO MAKE ONE QUICK. SO IF WE GO BACK A COUPLE SLIDES HE HAD CODY HAD. SO THE ONE IN YOUR PACKET IS A SLIGHTLY DIFFERENT VERSION THAN THE ONE WE HAVE CURRENTLY. IT JUST HAS TO DO WITH THAT PROVISION ABOUT THE FINES BEING DOUBLED OR THE FINES, THE NORMAL FINES PLUS 1000, WHICH IS. NEVERTHELESS, CODY HAS. THAT'S THE CURRENT LANGUAGE. PREVIOUSLY IN YOUR PACKETS, YOU'LL SEE THE LANGUAGE IS A LITTLE BIT DIFFERENT. I THINK THIS VERSION IS A LOT MORE CLEAR. THE WAY I PREVIOUSLY WRITTEN IT, IT WAS DOUBLE THE STANDARD PERMIT FEE OR $1,000, WHICHEVER IS LESS. AND I REALIZED THAT COULD ACTUALLY MEAN THAT IN THE EVENT THAT A PERMIT FEE IS ACTUALLY MORE THAN $1,000, THAT'S A BENEFIT TO THEM. SO THAT'S WHY I REVISED IT. AND SO I'M JUST LETTING YOU KNOW THAT THERE WILL BE A TWEAK THAT YOU'LL SEE IN THE IN THE FINAL THING. GOTCHA. YEAH. THAT'LL REFLECT WHAT CODY'S GOT UP HERE. THAT'S. OH, AND SOMEWHERE IN THERE IT HAD THE BUILDING OFFICIAL DEEMS THE BUILDINGS. ET CETERA. ET CETERA. SHOULD IT BE BUILDING OFFICIAL OR FIRE MARSHAL? WELL, ACTUALLY ON MY COPY, IT'S PAGE THREE. I THINK IT'S SIX. THE BOTTOM OF THE PAGE. OH, NO. THAT'S NOT. I JUST SAW IT UP THERE. PERMITS HAVE BEEN OBTAINED AND GIVING OFFICIAL THE LAST ONE. LAST BULLET POINT. IF THE BUILDING OFFICIAL OR THE FIRE MARSHAL DEEMS. BECAUSE IT SEEMS LIKE EITHER ONE COULD BE AN ABSOLUTE SAFETY HAZARD. YEAH. ONE ISSUE WITH THAT IS THE FIRE DEPARTMENT DOESN'T ISSUE THE CMO THAT COMES FROM THE CHIEF OFFICIAL. SO THAT'S WHY THAT LANGUAGE IS AS IT IS. COUNCIL MEMBER FRANCIS. SO STOCK WORK DOESN'T COME FROM FIRE, ONLY FROM THE BUILDING DEPARTMENT. THE FIRE JUST RAISES THEIR CONCERN WITH THE BUILDING DEPARTMENT AND THE BUILDING DEPARTMENT ISSUES THAT THEY. SO WE WE ALWAYS INVOLVE THE FIRE DEPARTMENT. AND IN ALL OF THESE. [02:00:05] SO IT. I MEAN, IT DOESN'T HURT TO HAVE THE FIRE DEPARTMENT THERE BECAUSE WE WORK REALLY CLOSE WITH THEM RIGHT NOW. I'M PROBABLY MISREMEMBERING, BUT IT SEEMS LIKE WE HAVE ONE INCIDENT WHERE IT WAS FIRE THAT ACTUALLY ALSO INSISTED THAT THERE BE NO OCCUPANCY IN A CERTAIN SITUATION. YEAH, WE CAN INCLUDE THAT JUST JUST TO ENSURE WELL, YOU BRING UP A GOOD POINT BECAUSE THEN IT DOES ENSURE THAT CLOSE COLLABORATION BETWEEN US AND FIRE. AND I THINK THAT'S JUST CODIFIED IN WORDS. YEAH THAT'S FINE, THAT'S FINE. SO YOU WANT TO ADD IT TO THE CITY FIRE MARSHAL COULD ALSO. YEAH, I THINK BECAUSE IT'S CORE SAFETY IS FIRE OR BUILDING TO ME. YEAH. RIGHT. YEAH. OKAY. YOU HAVE ONE MORE THING FROM CDS. YES. THAT'S PRETTY SHORT. SO WHY DON'T WE DO THAT AND THEN WE'LL TAKE A SHORT BREAK. SURE. SO JUST WITH THIS, WE CAN MAKE THESE MODIFICATIONS. DO YOU WANT THEM TO COME BACK TO WORK SESSION TO SHOW YOU. YEAH. THIS ISN'T COMING ON THURSDAY, SO WE HAVE TIME TO MONITOR THAT. SOUNDS GOOD. THANK YOU. THANKS, CODY. WELL HELLO AGAIN. HI. HOW FAST IT CAME AROUND. RIGHT. SO THIS IS JUST TO LET YOU KNOW ABOUT PUBLIC HEARING THAT'S COMING UP ON THURSDAY. AND IT'S FOR THE 2025 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REVIEW. SO I'LL BE DOING THE PUBLIC HEARING WITH A POWERPOINT PRESENTATION, WHICH I'LL HAVE READY ON THURSDAY. AND IT GIVES US A CHANCE TO SHOW HUD HOW WE SPENT 20, $25 IN OUR PLANNING YEAR. SO THAT'S IT. UNLESS ANYBODY HAS ANY QUESTIONS. WELL, WHAT'S THE REPORT MR. KRAMER IS WORKING ON? SEE, WE'VE GOT THREE THINGS GOING ON THIS YEAR. YES, BECAUSE THIS 2025 ANNUAL REPORT CLOSES OUR PREVIOUS FIVE YEARS. RIGHT. OKAY. SO WE'RE STARTING A NEW PLAN YEAR FOR 20 2023. SO THAT'S THE PERSPECTIVE PLANNING CONSULTING. OKAY. SO THERE'S BEEN SOME SURVEYS OUT IN THE COMMUNITY TO GATHER THAT INFORMATION. THERE'S ONE FOR COMMUNITY DEVELOPMENT AND THERE'S ONE FOR FAIR HOUSING. SO AND THOSE CLOSED LAST FRIDAY. SO THEY'RE GATHERING THAT INFORMATION SO THAT THE 2020 ANNUAL ACTION PLAN IS PART OF THAT CONSOLIDATED PLAN. SO WE'LL BE BACK AGAIN TOGETHER, PRESENTING THOSE TO OUR PLANS. OKAY, GOOD. AND THAT WILL BE ON THURSDAY'S AGENDA. YES, YES. ANY QUESTIONS. THIS THIS IS THE REPORT OF HOW IT WAS SPENT. THIS ISN'T WHEN WE SEE ALL THE NONPROFITS COME IN. EXACTLY. YES. YOU'LL HAVE PICTURES. YES. YEAH. WE'LL HAVE BEFORE BEFORE AND AFTER. OKAY. THANK YOU, THANK YOU. WE SCHEDULED TEN MINUTES, BUT WE KNEW IT WOULD PROBABLY ONLY TAKE TWO. BOOM. SO WE HAVE THE JOINT POWER AGRET [Public Works ] FOR THE BONNEVILLE METROPOLITAN PLANNING ORGANIZATION. AND AND I'LL HAVE SOME COMMENTS. SO THIS THIS COMES ABOUT DUE TO THE FACT THAT WHEN WE WERE DOING. WE WERE HAVING DISCUSSIONS WITH MPO AND THE PUBLIC AND WE HAD THE PUBLIC MEETINGS AND SO FORTH. AND WE WERE TALKING ABOUT THE LONG RANGE TRANSPORTATION PLAN AND CHANGING 65TH SOUTH AND 81ST SOUTH, AND THE POSSIBILITY OF. REDESIGNATING SOME ROADWAYS TO HIGH CAPACITY ROADWAYS. AND WE HAD A LOT OF PUBLIC INPUT. AND AUSTIN BLACK WAS VERY INSTRUMENTAL IN THOSE PUBLIC MEETINGS AND TALKING VERY, YOU KNOW, VERY INFORMED WAS BASICALLY CARRIED THE TORCH FOR THE MPO, EVEN THOUGH HE WASN'T ON THE MPO. HE'S JUST A EMPLOYEE OF ONE OF THE REPRESENTATIVES OR ONE OF THE PEOPLE THAT'S ON THE NPO, ONE OF THE ENTITIES. IT BECAME CLEAR THAT MAYBE WE'D LIKE TO HAVE SOME MORE EXPERT INPUT FROM STAFF. YEAH. AND SO THAT'S, THAT'S WHERE THIS IS COMING FROM. WE WANT TO CHANGE. BUT IN ORDER TO HAVE EX POST FACTO MEMBERS, WE HAVE TO CHANGE THE WE HAVE TO AGREE TO IT AS COUNCIL AND ALL THAT. ALL THE ENTITIES HAVE TO AGREE TO IT. CORRECT. AND, AND IF YOU'VE READ THE THING, THEN ANY OF THE ENTITY CAN AT ANY TIME SAY NO TO THE PERSON THAT HAS THE EX POST FACTO MEMBER AND WE COULD REMOVE THEM. SO, MR. CANFIELD, CAN YOU ADD TO THAT A LITTLE BIT OF HOW IT WILL STRENGTHEN THE THE MPO AND. SURE. I MEAN, IT WAS A LESSON LEARNED DURING OUR PUBLIC INVOLVEMENT PROCESS. [02:05:01] IT WAS SOME CLARIFICATION QUESTIONS WOULD COME UP ABOUT COUNTY PLANNING PROCEDURES. AND THEY WERE WHEN THEY CAME TO A PUBLIC HEARING, TO THE POLICY BOARD, THE WAY IT WAS SET UP, ONLY THE POLICY BOARD COULD ANSWER AUSTIN SITTING IN THE AUDIENCE. AND IT WOULD HAVE BEEN NICE TO BE ABLE TO SAY, HEY, TAP HIM ON THE SHOULDER. THERE MIGHT BE SOME ISSUES THAT COME UP IN THE FUTURE WHERE YOU WANT SOMEBODY ELSE. IT'S AN EX OFFICIO MEMBER. THE ONLY THING, AND I APOLOGIZE, I CAME IN, BUT COUNCILMAN FREEMAN MIGHT HAVE SAID THAT IT'S A NON-VOTING MEMBER. AND THAT'S KIND OF IMPORTANT FOR IN POLICY BOARD JUST TO KIND OF KEEP KEEP THOSE RESPONSIBILITIES TO THE ELECTED OFFICIALS KIND OF THING ON THE BOARD. SO IT'S NON-VOTING, IT'S EX EX OFFICIO MEMBER FOR AUSTIN TO BE ABLE TO BE PRESENT AT THE MEETING, GIVE INPUT AND ANSWER QUESTIONS. WELL, IT'S NOT JUST AUSTIN. I MEAN, IT'S, IT'S, IT COULD BE YOU. YEAH. ANY SUBJECT MATTER EXPERT? YES, YES. YEAH. WHAT IT IS AND THE WAY WE'VE STRUCTURED IT FOR THE UPCOMING COUNCIL MEETING IS WE PUT IT IN LEGISTAR AS A CONSENT AGENDA ITEM. THERE'S A RESOLUTION THAT BASICALLY AMENDS. SO THERE'S AN AMENDMENT DOCUMENT AND AND THE REVISED JOINT POWERS AGREEMENT. THERE'S TWO DOCUMENTS IN THE IN THE MEMO ITEM, AND THE ONE JUST INCORPORATES THE LANGUAGE. THE JOINT POWERS AGREEMENT WAS EXECUTED A NUMBER OF YEARS AGO AS PART OF THE MPO POLICY BOARD. AND AND IT'S A RESOLUTION FOR THE BMPO IT'S NOT A RESOLUTION FOR CITY COUNCIL. SO THERE'S SOME SEMANTICS THERE THAT COULD BE MISUNDERSTOOD. OKAY. SO I JUST WANTED TO CLARIFY THAT WHILE WE'RE TALKING, REALLY WHAT WE'RE ASKING FOR IS APPROVAL TO HAVE THE MAYOR SIGN THE RESOLUTION FOR THE BMPO JOINT POWERS AGREEMENT TO ADOPT AND AMEND THE LANGUAGE TO THE JOINT POWERS, AND EACH ENTITY HAS TO DO IT. SO AMAN HAS TO DO IT. COUNTY HAS TO DO IT. YUKON AND IONA, IS THAT IT? IT'D TRANSPORTATION, DEPARTMENT OF TRANSPORTATION. THEY ALL HAVE TO AGREE TO THIS OR IT DOESN'T HAPPEN. RIGHT. AND THERE'S SIX SIGNATURES ON THAT JOINT POWERS AGREEMENT. IT'S STRUCTURED VERY WELL. IT'S A RELATIVELY SIMPLE LANGUAGE. AND I THINK ZACH HELPED US VERY WELL WITH IT. IT'S BEEN REVIEWED BY LEGAL, AND IT DOES JUST GIVES US MORE FREEDOM IN THE FUTURE TO BETTER REACT FOR THE PUBLIC INVOLVEMENT. AND BOTH ELEMENTS ARE ON THE CONSENT AGENDA THURSDAY. THEY'RE BOTH ATTACHED ON THE ITEM. AND AGAIN, IT'S A CONSENT AGENDA ITEM FOR APPROVAL FOR THE MAYOR TO SIGN THOSE DOCUMENTS. OKAY. SO IF WE FEEL LIKE WE NEED TO CHANGE IT TO A REGULAR AGENDA ITEM, IF YOU GUYS WANT TO DISCUSS AT THE MEETING, WE COULD DO THAT. BUT WE FELT MAYOR AND I FELT LIKE IT WAS A GOOD PLACE FOR CONSENT AGENDA. I'M FINE WITH CONSENT. YEP. OKAY. I THINK WE'RE GOOD. OKAY. I THINK THAT IS I WILL BE OUT. I WON'T BE AT THE MEETING ON THURSDAY. I APOLOGIZE FOR. GRADUATION ISSUE WITH KIDS. SO BUT CHRIS FREDERICKSON WILL BE THERE AND HE'LL BE IF QUESTIONS COME UP. SO CONGRATULATIONS. THANK YOU. THANK YOU. ALL RIGHT. I THINK WE'RE GOOD TO GO ON THAT ONE THEN. RIGHT. YEP. THEN [Legal, Police ] WE HAVE THE LEGAL AND POLICE ARE HERE. THEY HAVE A COMMAND STAFF MEETING TODAY ANYWAY. SO DRAFT ORDINANCE PROHIBITING THE SALE OF KRATOM. SO I'D LIKE TO PROPOSE THAT WE TABLE THIS DISCUSSION UNTIL WE HAVE COUNCIL MEMBER LARSON AND MAYOR BURTENSHAW. SO WE CAN HAVE A FULL, FULL DISCUSSION ON THIS ISSUE. I THINK IT'S IMPORTANT ENOUGH AND HAS ENOUGH INVOLVEMENT. I'D LIKE TO HAVE EVERYONE INVOLVED. DO YOU WANT TO MAKE ANY DIRECTION WITH THAT? SO DO WE. IS THERE SOMEBODY WE NEED TO HEAR FROM IN ADDITION, LIKE WE HONESTLY, WOULD IT DO ANY GOOD TO HAVE THE CORONER COME? CAN WE DO THAT? YES. SO I THINK THERE'S A HANDFUL OF PEOPLE THAT I'D LIKE TO HEAR FROM, AND I DON'T KNOW IF THAT'S AT THIS TYPE OF A MEETING. I DEFER TO YOUR DIRECTION, WHETHER THAT'S HERE OR WHETHER WE OR IF THAT'S DONE AT A COUNCIL MEETING. BUT THERE'S AT LEAST 4 OR 5 INDIVIDUALS WHO HAVE WEIGHED IN ON THIS AT A STATE LEVEL WHO I WOULD LIKE TO HEAR FROM, WHO ARE FROM OUR COMMUNITY. AND I'D LIKE TO UNDERSTAND THEIR POSITIONS AND THE RESEARCH AND WHAT THEY HAVE LEARNED THROUGH THE MANY, COUNTLESS HOURS THEY'VE ALREADY SPENT ON THIS ISSUE. AS I LOOK TO EDUCATE MY OWN SELF BEFORE MY FORMULATE MY OWN OPINIONS, THOSE WOULD BE CRITICAL FOR ME. I AGREE. SO IS THERE A SECOND? WELL, LET'S TALK ABOUT THIS. WELL, NO SECOND AND THEN WE CAN DISCUSS IT. IS THERE A SECOND TO WHAT? TO TABLE? YEAH. NOT TO A DATE CERTAIN TO A FUTURE TIME, I THINK. I MEAN, I WOULD I DON'T WANT TO JUST HAVE IT INDEFINITELY. I ASSUME THAT THE [02:10:02] NEXT APPROPRIATE TIME WITHIN THE NEXT MONTH OR SO, I WOULD ASSUME WE CAN FIND ANOTHER TIME TO GET IT IN. I DON'T KNOW, MAYBE IS IT BETTER TO HAVE IT INDEFINITE? WE JUST FIND THE TIME WHERE IT FITS. I THINK THAT WE DO. I THINK IT'S IMPORTANT, THE MOTION TO SAY THAT, YOU KNOW, AS SOON AS POSSIBLE. I MEAN, WE'VE ALREADY DELAYED THIS MULTIPLE TIMES WAITING FOR THE STATE TO DECIDE AND SCHEDULES. I MEAN, WE CAN DISCUSS IT NOW. I MEAN, I JUST WE'RE UNINFORMED, BUT I JUST DON'T THINK IT'S TIME TO PUT IT ON THE COUNCIL AGENDA FOR THURSDAY. YEAH, I THINK WE'RE READY FOR THAT. I THINK COUNCILMEMBER LEE'S ARGUMENT IS, YOU KNOW, WE'VE HAD THIS BEFORE RECENTLY WHERE SOME OF US WERE THERE FOR ONE AGENDA ITEM, AND THEN WE WERE ALL THERE FOR THE SECOND ONE. IT WAS THE SAME ITEM RELATED TO HOUSING. AND IT'S HARD TO REMEMBER THE COOL THING YOU SAID TWO WEEKS AGO OR A MONTH AGO WHEN THEY WERE HERE, RIGHT? YEAH. AND SO THE IDEA IS TO GET IT DOWN TO ONE GOOD DISCUSSION FOR EFFICIENCY AND MAKE SURE THAT WE'RE WE ALL HAVE THE SAME PUBLIC RECORD, SO TO SPEAK. CAN WE INVITE PEOPLE TO PROVIDE INFORMATION AND TESTIFY AT THIS TYPE OF MEETING? OKAY. I WOULD SUGGEST THAT WE DO THAT AS WELL. DO YOU WANT TO MAKE A DATE CERTAIN ON MAY 18TH OR IS THAT TOO TIGHT? I THINK I DON'T KNOW WHAT'S ON THE AGENDA. I THINK WE I THINK I MEAN, I WOULD SAY MAYBE SUGGEST IT AT LEAST THE MOTION COULD BE WITH THE STRONG SUGGESTION. YEAH, SURE. TO ME IT'S ABOUT ENSURING THAT WE HAVE THE RIGHT PEOPLE COME IN AND THEN SEND AN EMAIL TO THE MAYOR'S OFFICE AND SAY, HERE'S WHO WE EXPECT TO OR WE WOULD LIKE TO INVITE TO ATTEND. YEAH. OR I WAS A LITTLE BIT BY SURPRISE BY THE NUMBER OF LETTERS I'VE ALREADY RECEIVED ABOUT THIS. IF YOU WATCHED WHAT HAPPENED IN THE STATE LEGISLATURE AND THE MONEY THAT'S BEEN PUT IN THERE, OPPOSING CAMPAIGNS, IF YOU'RE YEAH, IF YOU'RE NOT AWARE OF THE THE FINANCIAL CONTRIBUTIONS IN THIS INDUSTRY IN THE STATE OF IDAHO, THEY ARE VERY SIGNIFICANT, SIGNIFICANT. GO LOOK AT A FEW SUNSHINE REPORTS IN THE STATE LEGISLATURE. THE PEOPLE WHO ARE SELLING THIS. YEAH, THEY'RE VERY WELL ORGANIZED AS WELL. YOU CAN TELL THAT. BUT HONESTLY, I THINK I GOT, I WOULD SAY 2 TO 1 LETTERS AGAINST, YOU KNOW, IN SUPPORTING A BAN VERSUS. YEAH, I, I THINK I'M THERE TOO EASY. YEAH. BUT IT'S, IT'S REALLY A MATTER OF SOME OF THE, A LOT OF WHAT WE GET IS A REAL REASONED ARGUMENTS. AND SOME PEOPLE HAVE A REAL EMOTIONAL ONE WAY OR THE OTHER. SO TRYING TO READ THOSE, I GUESS TO ALL THE PEOPLE THAT ARE LISTENING, WE ARE PAYING ATTENTION TO WHAT IS BEING SAID. I'VE READ EMAILS AND THAT'S PART OF THE REASON WE'RE PROPOSING TABLING. WHAT IF WE SAID WITHIN THE NEXT TWO WORK SESSIONS? YEAH, I THINK THAT'S THAT WORKS. YEAH. SO THAT'D BE EITHER THE 18TH OR THE FIRST. WE DON'T KNOW HOW THE SCHEDULING WILL GO WITH THOSE PEOPLE. IF YOU READ YOUR MOTION. YES, I, I WOULD PROPOSE THAT WE TABLE THIS DISCUSSION TO ONE OF THE NEXT TWO UPCOMING WORK SESSION MEETINGS TO ALLOW US TO INVITE CERTAIN PEOPLE TO COME AND TESTIFY TO, FOR US WHAT THEIR SUBJECT MATTER EXPERTISE. SECOND. WE HAVE A MOTION AND A SECOND, LEGALLY. ARE WE DOING EVERYTHING OKAY? YEAH. OKAY. CLERK, COULD YOU CALL THE ROLL OR IS THERE ANY FURTHER DISCUSSION? I CAN CALL? OKAY, WE'RE READY TO CALL THE ROLL. DAIMON. YES. RADFORD A LEE. YES, FRANCIS I. FREEMAN. YES. MOTION CARRIES. THANK YOU. ALL RIGHT. SO WE HAVE WE SORT OF HAVE DONE IT. BUT ANY ANNOUNCEMENTS THAT [Mayor Pro Tem ] ARE LEFT UPCOMING EVENTS. CINCO DE MAYO THIS WEEKEND AGAIN THERE WAS CINCO DE MAYO THIS PAST WEEKEND. BUT THERE'S IS THERE ANOTHER CINCO DE MAYO? THERE'S ANOTHER ONE, FORT HALL, INTERESTINGLY. OH. YEAH, LOTS OF WELL ATTENDED. I WENT TO BOTH EVENTS THIS WEEKEND AND IT WAS PRETTY WELL ATTENDED. IT WAS, IT WAS, IT LOOKED LIKE THE 4TH OF JULY FIREWORKS. IT REALLY DID. YEAH, YEAH. ANYTHING ELSE? ANNOUNCEMENTS. MAY THE 4TH BE WITH YOU TOMORROW AS PART OF IDAHO GIFTS. I BROUGHT THIS UP A COUPLE OF LAST THURSDAY COUNCIL MEETING. IDA GIBBS KICKED OFF TODAY. THANK YOU TO THOSE WHO HAVE CONTRIBUTED TO ANY NONPROFIT BECAUSE THEY ALL MAKE A HUGE DIFFERENCE IN OUR COMMUNITY. SO THAT'S ONLINE. IDAHO GIVES.ORG ALL THE VARIOUS NONPROFITS THROUGHOUT THE STATE DOING GREAT WORK. THERE IS A BIG [02:15:03] ADOPTION EVENT THAT SNAKE RIVER ANIMAL SHELTER IS THROWING TOMORROW IN HONOR OF CINCO DE MAYO AS WELL. THAT'S SPONSORED BY COSTA VIDA. IT'LL BE A GOOD TIME. COME PET SOME CATS AND PUPPIES. WE ACTUALLY HAVE PUPPIES, WHICH IS COOL. AND AND YEAH, JUST CELEBRATE ALL THE GOOD WORKS THAT OUR NONPROFIT ORGANIZATIONS DO HERE. SO AWESOME. FULL DISCLOSURE, I SERVE ON THE BOARD OF HOW THAT WORKS. DISTRIBUTED. YES. OH, HANG ON, ONE DOWNTOWN DEVELOPMENT CORPORATION IS HAVING THEIR ANNUAL MEETING TOMORROW NIGHT AT OUR AUDITORIUM AT 6 P.M. AT SIX. THAT'S IT. AT THE AUDITORIUM. OKAY. AND I THINK THIS IS AN EARLIER, BUT I'M GOING TO BE EITHER REMOTE ON THURSDAY NIGHT OR ABSENT, BUT I'M TRYING TO JUST BE REMOTE. SO. I HAVE I HAVE ONE OKAY. YES. SO THE IDAHO FALLS FOOTBALL CLUB IS HOLDING THEIR ANNUAL SOCCER TOURNAMENT THIS WEEKEND. THERE WILL BE 230 TEAMS FROM FIVE STATES THAT WILL TRANSCEND UPON OUR WONDERFUL COMMUNITY. WE THEY HAVE WHAT'S CALLED A SHOOTOUT AT THE SHOOTOUT, AND THEY DO A BARBECUE FOR ABOUT 5000 PEOPLE. AND ALL THE CITY COUNCIL ARE INVITED TO COME AND WITNESS THAT FUN. THEY HAVE ALL THESE LITTLE SHOOTOUT CONTESTS GOING ON ALL SIMULTANEOUSLY ACROSS ALL THE FIELDS. IT IS IT IS MASS ORGANIZED CHAOS, BUT SUPER, SUPER FUN. SO IT'S AT THE COMPLEX. SO IF YOU WANT TO COME SEE, PARTICIPATE AND SEE A GOOD TIME, COME OUT AND GET A FUN BARBECUE. WHAT DAY IS THAT FRIDAY NIGHT FROM 5 TO 7. IS THAT PARTICULAR EVENT. SOCCER IS ORGANIZED CHAOS. YES, SIR. ALL RIGHT. COUNCIL RADFORD, COULD YOU MAKE A MOTION FOR THE EXECUTIVE SESSION? I MOVE TO ENTER EXECUTIVE SESSION CALLED [Executive Session ] PURSUANT TO IDAHO CODE 74-2061F, TO COMMUNICATE WITH LEGAL COUNSEL FOR THE PUBLIC AGENCY TO DISCUSS THE LEGAL RAMIFICATIONS OF AND LEGAL OPTIONS FOR PENDING LITIGATION OR CONTROVERSIES NOT YET BEING LITIGATED, BUT IMMINENTLY LIKELY TO BE LITIGATED. THE MERE PRESENCE OF LEGAL COUNSEL IN EXECUTIVE SESSION DOES NOT SATISFY THIS REQUIREMENT. COUNCIL WILL RECONVENE AFTER THIS EXECUTIVE SESSION. OH. SECOND. SECOND. YOU CAN HAVE IT. FRANCIS I. FREEMAN. YES. NEIMAN. YES. RACKER. HI, LEE. YES. YES. ALL RIGHT. WE ARE BACK IN SESSION AND GIVE US A MINUTE FOR A MOTION. LEARNING CURSIVE. JOHN. I DID NOT LEARN. YOU NEED TO DO IT, YOU KNOW, BECAUSE I HAVEN'T WRITTEN IN CURSIVE FOR 20 YEARS. AND IT SEEMS LIKE A GOOD MINDLESS THING TO DO. CURSIVE? WHAT IS THAT? THIS IS MY GYM VERSION. YEAH, I PRINT, I PRINT A LOT. THAT GOES BACK TO MY. FIRST TIME WHEN I WAS FIRST COLLEGE. I TOOK ARCHITECTURE CLASSES IN MECHANICAL DRAWING, AND YOU HAD TO DO THE BLOCK LETTERS WITH EVERYTHING. AND I, I'M DOING THIS BECAUSE I'VE STARTED TO ELEGANT LETTERS. YOU KNOW HOW LYNDON BATEMAN HAD ALL THOSE LETTERS? AND I'M NOT ILLUSTRATING, BUT I DO HAVE THE PAPER THAT'S FROM THE VICTORIAN ERA. AND THEN THE WAX LATER SEAL IT AND THEN FOLD IT WITH ALL THAT. AND SO IT'S BEEN FUN TO HAVE GREAT HANDWRITTEN LETTERS AND HANDWRITTEN LETTERS WITH MY HANDWRITING. THAT'S JUST PRINTED ISN'T DOESN'T GO WITH THE, WITH THE OTHER. DOES THAT MAKE SENSE? SO THAT FUELED SOME OF THIS. AND THEN REBECCA, WHEN SHE ALWAYS SHE WAS ALWAYS DOODLING. YES. ALL RIGHT, COUNCIL PRESIDENT, MAY I MAKE A MOTION? YES, PLEASE. ALL RIGHT. [Legal] I MOVED TO AUTHORIZE THE CITY ATTORNEY TO NEGOTIATE A SETTLEMENT WITH THE OLAF'S WHERE THE OLAF'S IN THE CITY. AGREED TO BE BOUND BY THE RESULTS OF OF THE LITIGATION WITH THE OTHER PRIESTS. SECOND, I WOULD SAY IN THE TRUST OR THE CUTLER VERSUS CITY OF IOWA FALLS, AS INDICATED ON THE AGENDA. SECOND. FREEMAN. YES. BRADFORD. I. LEE. YES, YES. [02:20:12] FRANCIS I MOTION CARRIES. ALL RIGHT. * This transcript was compiled from uncorrected Closed Captioning.