Development Commission · Wednesday, May 18, 2022 · City Council Digest

2. APPROVAL OF MINUTES

Minutes of April 12, 2022

packet pp.5–6

Open packet at p.5 ↗

Staff report:

MINUTES Special Meeting DEVELOPMENT COMMISSION 5:30 p.m. – Tuesday, April 12, 2022

4. REGULAR BUSINESS

Open Government Training Act and Other Essential Training, (I) The Development Commission meeting Rules and Regulations are available for your review here on the City's website

Tisha Gieser, City Clerk Rachel Turpin, City Attorney · packet pp.7–42

▶ Watch from 0:19 Open packet at p.7 ↗

Staff report:

REGULAR BUSINESS a) TISHA GIESER, CITY CLERK RACHEL BENDER TURPIN, CITY AT TORNEY

Resources, Codes, and Permit Types

Lucy Sloman, Planning Manager

Topics: Land Use

▶ Watch from 2:31

Development Commission Get Acquainted, (D) organizational structure of the City after, and at the Commission

Lucy Sloman, Planning Manager · packet pp.43–44

▶ Watch from 4:43 Open packet at p.43 ↗

Staff report:

The Chair, or Acting Chair, can use the following script to facilitate nominations and elections of officers.

Officer Elections

Action · Lucy Sloman, Planning Manager

▶ Watch from 6:54

5. REPORTS

City Council Update

Minnie Dhaliwal, Director, Community Planning & Development

6. OTHER BUSINESS / ANNOUNCEMENTS

Upcoming Schedule

packet pp.45

▶ Watch from 1:30:58 Open packet at p.45 ↗

Staff report:

2022 Development Commission Schedule (tentative) (updated 5/9/2022)

2491 segments .txt ↗

0:00 ↗ i think we're um

0:02 ↗ channel 21 has had an opportunity to get

0:05 ↗ started great thank you so good evening

0:07 ↗ everyone welcome to the may 18th

0:11 ↗ development commission meeting

0:13 ↗ this is a regular development commission

0:15 ↗ meeting

0:16 ↗ um we have several items on our agenda

0:19 ↗ nights and regular business and

0:22 ↗ minutes etc

0:23 ↗ and then opportunity to for the

0:25 ↗ commission to learn uh some things about

0:29 ↗ the open government

0:30 ↗ training act and other essential uh

0:33 ↗ training with respect to

0:36 ↗ being on the commission uh also an

0:38 ↗ opportunity to answer questions as we go

0:40 ↗ through

0:40 ↗ uh the sessions this evening and will

0:43 ↗ conclude this evening with election of

0:46 ↗ the chair and the vice chair on the

0:47 ↗ commission

0:49 ↗ so first of all um i hope everyone's had

0:52 ↗ an opportunity to review the minutes

0:54 ↗ from the april 12 meeting it was a a

0:56 ↗ brief meeting so the minutes are

0:57 ↗ relatively short

0:59 ↗ uh so are there any amendments uh to the

1:03 ↗ april 12 meeting minutes

1:08 ↗ hearing none the minutes are approved

1:10 ↗ then by consensus

1:12 ↗ so we're moving right into our training

1:15 ↗ sessions so i will

1:17 ↗ hand it over to

1:19 ↗ uh the city clerk uh tisha geyser and

1:23 ↗ the city attorney rachel turpin who i

1:25 ↗ believe are leading this section

1:28 ↗ no he says

1:29 ↗ um i believe we need to do roll call

1:32 ↗ first oh thanks lucy yeah would you

1:34 ↗ please need to roll call

1:36 ↗ certainly uh come when i say your name

1:39 ↗ please say here

1:40 ↗ uh commissioner shore

1:45 ↗ here

1:47 ↗ commissioner dylan

1:49 ↗ here

1:50 ↗ commissioner price

1:52 ↗ here chair brennan

1:55 ↗ here

1:56 ↗ commissioner gilbert here

1:59 ↗ commissioner ikeda is excused

2:02 ↗ uh commissioner sanford

2:05 ↗ commissioner morgan here

2:08 ↗ and commissioner uh silverman is excused

2:12 ↗ um in uh commissioner ikeda's absence

2:15 ↗ commissioner morgan is uh acting as a

2:18 ↗ regular member this evening

2:21 ↗ thanks lucy now we can move into the

2:25 ↗ first agenda topic um open government

2:27 ↗ training act and other essential

2:29 ↗ training for the commission

2:33 ↗ all right thank you chair brennan i'm

2:35 ↗ going to um

2:37 ↗ ask lucy if you don't mind giving me

2:39 ↗ screen sharing privileges i do have a

2:41 ↗ powerpoint to share tonight

2:44 ↗ i wasn't sure who was

2:46 ↗ going to be

2:48 ↗ doing that

2:55 ↗ um and

2:56 ↗ while that's getting going um i i want

2:58 ↗ to start by thanking you i know

3:00 ↗ commissioners that you had some very

3:02 ↗ robust and are continuing to have some

3:04 ↗ very robust meetings um on items before

3:08 ↗ the city and just want to thank you for

3:10 ↗ your service i also staff the city

3:13 ↗ council meetings and here hear their

3:15 ↗ their thanks

3:17 ↗ to the commission members as items that

3:19 ↗ you've considered

3:21 ↗ move move up to them so i want to start

3:24 ↗ off with that and the training tonight i

3:26 ↗ know most of you have received multiple

3:28 ↗ times

3:29 ↗ so i will try and have a

3:32 ↗ stay very high level here

3:34 ↗ give me just a moment to get my screen

3:37 ↗ where i want it

3:46 ↗ right

3:47 ↗ one more change here

3:49 ↗ got three three monitors which always uh

3:52 ↗ makes it a little complicated okay

3:55 ↗ great

3:57 ↗ all right

3:59 ↗ okay so

4:01 ↗ um

4:02 ↗ yes

4:03 ↗ are you still seeing my notes slide okay

4:05 ↗ let me try that again

4:08 ↗ oh it's funny it won't it won't change

4:10 ↗ it give me a second here

4:17 ↗ let me try it one more time

4:21 ↗ is it clean now

4:23 ↗ no no

4:24 ↗ oh that's interesting

4:26 ↗ okay i'm sorry

4:28 ↗ give me one more minute i've done this

4:30 ↗ many times but um you know sometimes

4:32 ↗ there's just unforeseen

4:35 ↗ technology of the noise you want to

4:37 ↗ cooperate

4:39 ↗ yeah

4:40 ↗ shit's happen to me when you have like

4:42 ↗ two um

4:44 ↗ two open you know two same power points

4:46 ↗ open for some reason it gets confused

4:49 ↗ okay so i'm going to check that okay

4:51 ↗ clear

4:52 ↗ i closed a monitor i'm going to try it

4:54 ↗ again in a minute here

5:00 ↗ okay

5:05 ↗ okay

5:10 ↗ one more click

5:14 ↗ gosh it's it's still it's still doing it

5:17 ↗ isn't it

5:19 ↗ well we'll just get to see your there we

5:21 ↗ go

5:21 ↗ there it is did it work okay awesome all

5:24 ↗ right thanks for your patience with that

5:26 ↗ i'm sorry

5:27 ↗ um

5:28 ↗ but the slides are helpful they're gonna

5:29 ↗ help me and rachel um stay on topic here

5:33 ↗ so all right so as i mentioned many of

5:35 ↗ you have received this training before

5:37 ↗ melanie you you're getting this

5:39 ↗ information for the first time tonight

5:40 ↗ so please let us know if you have any

5:42 ↗ questions and i presume that other new

5:44 ↗ commissioner eddie will review the video

5:48 ↗ as well

5:49 ↗ so

5:49 ↗ the purpose of tonight's training is to

5:51 ↗ cover some required training as well as

5:54 ↗ just touch on some faucets of commission

5:56 ↗ membership that we think are important

5:58 ↗ to review and certainly cover with the

6:00 ↗ new members

6:01 ↗ as lucy or as the chair mentioned rachel

6:04 ↗ who is our city attorney and i will

6:06 ↗ provide um today's training i know you

6:08 ↗ received a similar training um last year

6:10 ↗ with both of our predecessors um so

6:13 ↗ again

6:14 ↗ i'll try and keep this pretty quick

6:17 ↗ so um the purpose of the first portion

6:20 ↗ of the training is to talk for a few

6:22 ↗ minutes about the state's sunshine laws

6:25 ↗ and those are the open public meetings

6:27 ↗ act and the public records act both of

6:30 ↗ which are really aimed at ensuring

6:31 ↗ transparency in government and public

6:33 ↗ access to government and so they

6:35 ↗ definitely have some relationship to

6:37 ↗ your role on a city commission

6:42 ↗ we talked to you about

6:44 ↗ these laws and some basic training every

6:46 ↗ year because we think it's important

6:48 ↗ that you have this knowledge to prevent

6:52 ↗ what are often inadvertent

6:54 ↗ violations of these laws

6:56 ↗ it reduces your legal risk the city's

6:58 ↗ legal risk

7:00 ↗ and to some extent is required by state

7:02 ↗ law um that this training be received as

7:04 ↗ you're newly appointed in to your

7:06 ↗ positions and then um

7:08 ↗ routinely as you continue to serve on

7:10 ↗ the commission

7:13 ↗ so um some of the basic provisions of

7:15 ↗ the open public meetings act um are

7:19 ↗ are primarily that your meetings be open

7:21 ↗ and accessible to the public so during

7:22 ↗ coven in your virtual meetings this

7:24 ↗ means we publish a links to your agenda

7:27 ↗ or i'm sorry not only links to your

7:29 ↗ agendas but links to your meetings so

7:31 ↗ people can attend the meeting virtually

7:32 ↗ they can call in by phone

7:34 ↗ we publish the password so there's just

7:36 ↗ no barriers to

7:38 ↗ access to these meetings when you go

7:40 ↗ back to meeting in person the doors are

7:42 ↗ unlocked the doors are open from start

7:44 ↗ to finish

7:46 ↗ it also means that we provide advance

7:48 ↗ notice of when your meetings are

7:49 ↗ occurring and the items on the agenda so

7:51 ↗ the public knows what will be covered at

7:53 ↗ those meetings

7:56 ↗ additionally you are one of the

7:58 ↗ commissions that is live streamed and

8:00 ↗ televised so

8:02 ↗ people can watch your meetings live and

8:05 ↗ they can also refer back to the

8:07 ↗ recordings

8:10 ↗ i wanted to talk just a minute about

8:12 ↗ regular versus special meetings so your

8:14 ↗ regular meetings are on the first and

8:16 ↗ third wednesdays of each month uh at

8:18 ↗ seven o'clock and

8:20 ↗ they've been virtual but eventually

8:22 ↗ we'll be back in the council chambers

8:24 ↗ anytime you meet at a different time

8:27 ↗ date or location it's considered a

8:29 ↗ special meeting what's important to know

8:31 ↗ about that primarily is that during a

8:33 ↗ special meeting you're more restricted

8:35 ↗ in the discussion and action you can

8:37 ↗ take you can only discuss and act on

8:39 ↗ items that are on your meeting agenda

8:41 ↗ and so that's something that staff in

8:42 ↗ the clerk's office are aware of and we

8:44 ↗ work to ensure your agendas um

8:47 ↗ have the content they need so that you

8:49 ↗ can do the work that is needed um but we

8:51 ↗ do like to to point that out um as just

8:54 ↗ a nuance in the law

8:58 ↗ uh so as i mentioned earlier all of your

9:01 ↗ um meetings are the agendas are

9:04 ↗ published on the website typically five

9:06 ↗ days in advance public comment is is not

9:09 ↗ a requirement but it is well it is

9:11 ↗ required in your rules and regulations

9:13 ↗ they do specify that a public comment

9:15 ↗ period be offered at each meeting so

9:17 ↗ that is included on the agenda

9:20 ↗ as well as any public hearings you might

9:22 ↗ be conducting

9:25 ↗ um you this is uh unlikely to occur at a

9:28 ↗ development commission meeting but we

9:29 ↗ just want you to be aware that there are

9:31 ↗ some allowable

9:34 ↗ reasons to have a closed session where

9:35 ↗ the public would be not able to

9:37 ↗ participate these often not often they

9:41 ↗ relatively frequently occur um at

9:43 ↗ meetings of the city council and there's

9:45 ↗ a list of uh certain reasons that a um

9:50 ↗ advisory board or governing board can go

9:52 ↗ into an executive session again i expect

9:54 ↗ them to be very limited if non-existent

9:57 ↗ for the commission but you should be

9:58 ↗ aware it is a possibility

10:02 ↗ so um talking about the open public

10:04 ↗ meetings act it's important to talk

10:06 ↗ about your quorum um so the quorum is

10:09 ↗ the number of commission members that

10:11 ↗ must be present for a meeting to occur

10:14 ↗ um in the case of the development

10:16 ↗ commission that's four of you um that

10:18 ↗ means that your meeting can't convene it

10:21 ↗ can convene but nothing can really

10:22 ↗ happen there can't be any discussion

10:25 ↗ action even informational presentations

10:27 ↗ until there are four of you present

10:30 ↗ but what also means is that you need to

10:31 ↗ be careful to avoid having four of you

10:34 ↗ present um outside of a meeting

10:37 ↗ and we'll talk about some other nuances

10:39 ↗ to that too um for example if there was

10:41 ↗ an event in the community that may

10:43 ↗ pertain to development or growth that

10:46 ↗ you four of you happen to attend um

10:50 ↗ it would we would recommend that you not

10:51 ↗ stand together that you not speak

10:53 ↗ together in a cluster and that in fact

10:55 ↗ you know possibly if it was regarding um

10:58 ↗ something that coming before the

10:59 ↗ commission and rachel will talk to you

11:01 ↗ more about some limitations there that

11:03 ↗ maybe even the last arriving

11:05 ↗ commissioner maybe um

11:07 ↗ choose to get an update on the meeting

11:09 ↗ at another time and avoid having four of

11:11 ↗ you in one place

11:13 ↗ this doesn't apply to social gatherings

11:15 ↗ to traveling um

11:17 ↗ but it does pertain to an event where

11:20 ↗ items that could come before the

11:22 ↗ commissioner before the commission could

11:23 ↗ be discussed

11:25 ↗ the other thing this can pertain to is

11:28 ↗ what we call a serial meeting and this

11:30 ↗ is where we always want to give a lot of

11:32 ↗ um

11:33 ↗ training on this because i think it

11:35 ↗ could can be easy to do

11:38 ↗ a serial meeting would be when four of

11:39 ↗ you

11:40 ↗ are basically um

11:42 ↗ discussing commission business or

11:44 ↗ business that might come before the

11:45 ↗ commission outside of a meeting and but

11:47 ↗ not all together at once but one at a

11:49 ↗ time this can happen if an email is

11:51 ↗ forwarded um and essentially you you are

11:54 ↗ um learning of another commissioner's

11:57 ↗ position or sharing information about a

11:59 ↗ position that information has been

12:01 ↗ forwarded or verbally shared with

12:02 ↗ another commissioner etc

12:05 ↗ we don't want that to happen and we

12:07 ↗ particularly don't want it to happen

12:09 ↗ involving four commission members so for

12:12 ↗ this reason we asked if you have

12:13 ↗ information to share with your fellow

12:15 ↗ commissioners it's safest to route it

12:16 ↗ through your staff liaison at the city

12:19 ↗ and if you're dialoguing with

12:20 ↗ commissioners directly by email or phone

12:24 ↗ you know please please keep that to one

12:26 ↗ or two other commissioners

12:28 ↗ and i will

12:30 ↗ feel free to let me know if you have any

12:31 ↗ further questions on that

12:34 ↗ all right so there are some penalties

12:36 ↗ these are the penalties um for

12:37 ↗ violations of the open public meetings

12:39 ↗ act um and

12:41 ↗ there are implications to action that

12:43 ↗ was taken if a violation is found so

12:46 ↗ again so i want to take a few minutes of

12:48 ↗ your time to talk about um this law and

12:50 ↗ how it relates to you and the clerk's

12:52 ↗ office and your staff liaison and the

12:54 ↗ city attorney remain available to you if

12:56 ↗ you have questions about this um in the

12:57 ↗ future

13:00 ↗ so i also want to cover um

13:02 ↗ the public records act this is the only

13:04 ↗ slide i have on this so i'm just going

13:05 ↗ to talk for a few minutes about some of

13:07 ↗ the things i think are most pertinent to

13:08 ↗ you

13:10 ↗ so the public records act um

13:12 ↗ has a lot of prescribes a lot of things

13:15 ↗ for local governments so talks talk

13:17 ↗ tells us we need to keep our records um

13:20 ↗ organized

13:21 ↗ managed we have a lot of rules about how

13:24 ↗ long we're to keep certain records it

13:26 ↗ also um tells us that we need to

13:29 ↗ disclose any records that are requested

13:31 ↗ and really it's it is quite broad in

13:33 ↗ washington state you know commercial

13:35 ↗ entities can request records from us um

13:38 ↗ people um across the world really anyone

13:42 ↗ and they don't need to tell us who they

13:44 ↗ are um they can ask for for public

13:46 ↗ records and so this impacts you um and

13:50 ↗ i'm going to talk talk about this in two

13:52 ↗ ways so one let's talk about records you

13:54 ↗ might have generated outside of uh city

13:57 ↗ provided information by and large most

14:00 ↗ all the materials you're getting the

14:01 ↗ city has provided as has drafted or is

14:04 ↗ providing to you in our published

14:06 ↗ materials anything the city has or the

14:08 ↗ city's given you you don't need to keep

14:10 ↗ it separately you don't need to keep you

14:12 ↗ know

14:13 ↗ keep

14:14 ↗ those records or keep them organized in

14:16 ↗ any way we have them

14:17 ↗ however if there's anything you draft

14:19 ↗ outside of those records um that those

14:24 ↗ records then could be subject to

14:26 ↗ disclosure that might be your notes that

14:28 ↗ might be notes you take um notes you

14:30 ↗ take

14:31 ↗ to help you participate in the meetings

14:33 ↗ are called transitory records you don't

14:36 ↗ have to keep them

14:38 ↗ you can you can have your notes and then

14:40 ↗ the meeting can occur and then a few

14:42 ↗ days or weeks or months later you can

14:44 ↗ get rid of them

14:47 ↗ however if you keep them and we get a

14:49 ↗ public records request you may be asked

14:51 ↗ if you have any notes if so you need to

14:53 ↗ provide them

14:55 ↗ this pertains to to email um and

14:57 ↗ correspondence as well any any kind of

15:00 ↗ communication you have in your capacity

15:02 ↗ as a commissioner um so that could be a

15:04 ↗ text message an email whatever it might

15:06 ↗ be

15:07 ↗ um for this reason

15:09 ↗ so again any any correspondence you have

15:12 ↗ that includes a city employee that

15:14 ↗ information is captured in our city

15:15 ↗ systems but if it's a connection you

15:17 ↗ have with a commissioner directly or a

15:20 ↗ member of the public we wouldn't have

15:21 ↗ record of that

15:22 ↗ so um we do recommend that you consider

15:25 ↗ having a separate email a personal email

15:27 ↗ that you dedicate to your role as a

15:30 ↗ commissioner this just keeps all of that

15:32 ↗ commission correspondence

15:33 ↗ clean clean and separated from your

15:36 ↗ other personal email

15:38 ↗ um i believe that some of you have done

15:42 ↗ this

15:43 ↗ another option is to just keep your

15:46 ↗ commission related email very organized

15:48 ↗ um so that if there was a request you

15:51 ↗ would be able to provide it quickly and

15:54 ↗ easily and this last point here on the

15:57 ↗ slide is just you know a comment that if

15:59 ↗ if you're asked to provide a search

16:00 ↗ there is an obligation

16:02 ↗ obligation to search i'll pause there to

16:04 ↗ see if rachel has anything to add or if

16:06 ↗ there are any questions

16:08 ↗ i just can't underscore the importance

16:11 ↗ of that enough and

16:13 ↗ and really recommend the separate

16:16 ↗ email account if you

16:18 ↗ can do that uh

16:21 ↗ there are

16:22 ↗ there have been instances where courts

16:24 ↗ have actually forced people to open up

16:26 ↗ their

16:27 ↗ records

16:28 ↗ to

16:29 ↗ do inspection by the court

16:32 ↗ in cases where maybe they didn't think

16:33 ↗ that people were being honest about what

16:35 ↗ they emerged

16:37 ↗ and uh even if you you know

16:40 ↗ have to do you have this legal

16:41 ↗ obligation to search like tisha said

16:43 ↗ well

16:44 ↗ you have to provide what's called a

16:46 ↗ nissan affidavit that says that you've

16:48 ↗ searched things and on that after david

16:51 ↗ you have to go through and you have to

16:52 ↗ actually kind of identify generally the

16:55 ↗ other records that you know

16:57 ↗ so today i searched this email account

17:00 ↗ and

17:01 ↗ i had personal emails consisting of

17:04 ↗ emails to and from my you know friends

17:06 ↗ and family and other personal emails it

17:09 ↗ doesn't have to be really detailed when

17:10 ↗ you get into the personal records

17:12 ↗ portion of it but

17:14 ↗ it's a lot cleaner on your nissan

17:15 ↗ affidavit if you can say

17:17 ↗ i keep i conduct all commission business

17:20 ↗ through

17:21 ↗ a separate account i searched that

17:23 ↗ account and i found no records or these

17:26 ↗ are the only records that i found

17:33 ↗ all right

17:34 ↗ and i

17:36 ↗ thank you

17:37 ↗ thank you rachel and i'm not

17:39 ↗ not seeing that or there are questions

17:40 ↗ lucy let let me know i don't have the

17:42 ↗ chat open now but um

17:45 ↗ hi sorry i did have a question uh this

17:47 ↗ is richard sanford uh i made a note on a

17:50 ↗ previous training about keeping our own

17:52 ↗ personal notes for about 21 days that

17:55 ↗ that was recommended i think in a

17:57 ↗ previous training

17:58 ↗ is that still true

18:02 ↗ i'm i'm the 21 day period is making me

18:04 ↗ wonder if that was a recommendation tied

18:07 ↗ to decisions and

18:10 ↗ a potential lupa action

18:12 ↗ i i believe that if you were

18:16 ↗ if you are talking about notes relating

18:19 ↗ to

18:21 ↗ project specific actions then i think

18:24 ↗ that that probably

18:26 ↗ makes some degree of sense but if you're

18:28 ↗ talking about your notes from just

18:30 ↗ general everyday commission meetings

18:33 ↗ then you really can just dispose of them

18:35 ↗ the next day

18:37 ↗ okay thank you

18:41 ↗ all right and i think with that rachel

18:44 ↗ i'm turning it over to you

18:45 ↗ all right thank you

18:51 ↗ well hello very nice to be here before

18:53 ↗ you um i'm rachel turpin i'm the the

18:55 ↗ city attorney i know that you all got to

18:58 ↗ work extensively or at least my my

19:00 ↗ partner marie got to to watch you

19:02 ↗ extensively in proceedings earlier

19:05 ↗ earlier this year um i got the pleasure

19:07 ↗ of dealing with those things after the

19:09 ↗ fact after you had already handled

19:12 ↗ them and done all of your amazing work

19:14 ↗ so i thank you for that but it's really

19:15 ↗ nice to be here this evening and i will

19:18 ↗ try not to bore or and or scare anyone

19:21 ↗ too much with what i'm going to go over

19:24 ↗ uh the first thing i want to talk about

19:25 ↗ is the city's code of ethics

19:29 ↗ which in large part mirrors the state

19:32 ↗ code of ethics so we'll talk about them

19:34 ↗ essentially as as one and the same

19:36 ↗ but the city's code

19:38 ↗ has its own particular code of ethics it

19:41 ↗ it covers things such as conflicts of

19:44 ↗ interests gifts and gratuities and

19:47 ↗ political activities when i say

19:49 ↗ conflicts of interest that kind of

19:51 ↗ covers a

19:52 ↗ wide variety of topics but in general

19:57 ↗ it

19:58 ↗ would be

20:00 ↗ a prohibition on engaging in conduct

20:04 ↗ that would either

20:06 ↗ conflict with your duties as a

20:07 ↗ commissioner or could even give an

20:09 ↗ appearance of conflicting with your

20:11 ↗ duties as a commissioner

20:13 ↗ a lot of the conflict of interest case

20:16 ↗ law has to do with um

20:19 ↗ with monetary conflicts of interest

20:22 ↗ such as um having some sort of personal

20:25 ↗ beneficial interest in a project of some

20:28 ↗ sort of financial interest however there

20:30 ↗ are other ways that you can have a

20:32 ↗ conflict of interest so

20:34 ↗ it's a conflict of interest to

20:37 ↗ disclose uh confident confidential

20:39 ↗ information that you get by uh

20:44 ↗ via your role as a commissioner if

20:46 ↗ you've somehow you know been privy to

20:48 ↗ some confidential information because of

20:50 ↗ it

20:50 ↗ it's a conflict of interest

20:53 ↗ to uh

20:55 ↗ be engaged in a in a contract that

20:58 ↗ um

20:59 ↗ is

21:01 ↗ is either

21:03 ↗ it would probably like for instance for

21:05 ↗ in a commissioner's case

21:07 ↗ um

21:08 ↗ it would probably be a conflict of

21:09 ↗ interest for you to

21:12 ↗ to

21:14 ↗ be

21:15 ↗ a bitter on a project that you had been

21:18 ↗ um

21:19 ↗ you had approved something like that

21:22 ↗ those types of things are conflicts of

21:24 ↗ interest anything where it can look like

21:26 ↗ you

21:28 ↗ did something or did not do something in

21:31 ↗ exchange for uh

21:33 ↗ your for

21:35 ↗ some sort of

21:37 ↗ monetary

21:39 ↗ gain or even maybe some sort of social

21:42 ↗ or

21:44 ↗ other type of personal gain

21:46 ↗ gifts and gratuities are a little bit uh

21:49 ↗ less esoteric i mean you simply can't

21:52 ↗ accept any type of gifts or compensation

21:55 ↗ in exchange for or related to your work

21:59 ↗ as a commissioner

22:01 ↗ you are allowed to you know

22:03 ↗ you know obviously um if you if the city

22:06 ↗ brings in dinner for you at a meeting

22:09 ↗ those types of things don't don't count

22:11 ↗ as a gift under the code of ethics but

22:13 ↗ you certainly um you know you wouldn't

22:16 ↗ want to accept a a gift from a

22:19 ↗ developer uh after

22:22 ↗ they

22:22 ↗ as a thank you for uh

22:25 ↗ for approving their project permit you

22:27 ↗ know that would certainly be a violation

22:29 ↗ of the code of ethics uh you can

22:33 ↗ simply

22:34 ↗ say oh i'm so sorry i thank you very

22:36 ↗ much but i'm a public officer and i i

22:40 ↗ can't accept that it's you know it's a

22:41 ↗ little awkward it's never

22:43 ↗ you know it's never very it doesn't feel

22:45 ↗ good to have to turn down gifts um

22:47 ↗ people do sometimes actually get

22:48 ↗ offended by it i've had been in that

22:50 ↗ position before but

22:52 ↗ most the time i'd say people are very

22:54 ↗ very understanding of that

22:56 ↗ and then there are some

22:59 ↗ uh some restrictions on political

23:01 ↗ activity these really relate more to

23:05 ↗ uh employees

23:07 ↗ of the of the body but they do re they

23:09 ↗ they can also uh affect you as

23:11 ↗ commissioners

23:13 ↗ uh

23:13 ↗ you we you can't use city facilities for

23:16 ↗ any type of campaigning purposes so if

23:19 ↗ you're gonna run for you know another

23:20 ↗ office you can't you know campaign or do

23:23 ↗ some stump speech uh at a commission

23:25 ↗ meeting you can't really

23:27 ↗ you know

23:28 ↗ really talk about those types of things

23:30 ↗ in the public meetings you can't try to

23:32 ↗ solicit campaign contributions on city

23:35 ↗ time or city property

23:37 ↗ and um holding other

23:40 ↗ you know offices that would be uh

23:43 ↗ that would interfere with your

23:45 ↗ your

23:46 ↗ office as a as a development

23:50 ↗ commissioner would also be inappropriate

23:54 ↗ uh the

23:55 ↗ code of ethics also reiterates the

23:58 ↗ importance of the topics that tisha has

24:00 ↗ already gone over with you which are

24:02 ↗ open meetings and public records which

24:05 ↗ just goes to show how important those

24:08 ↗ those issues are to both the city and

24:10 ↗ the state as a whole

24:13 ↗ next slide

24:15 ↗ and there is an acknowledgement form

24:18 ↗ that you

24:19 ↗ all must sign as commissioners

24:23 ↗ that acknowledges that you have read the

24:25 ↗ policy and this is just a link to it and

24:27 ↗ assume that many if not all of you have

24:29 ↗ already done that

24:35 ↗ all right thank you rachel i'm gonna

24:37 ↗ jump in for this next um topic which is

24:39 ↗ just uh in and again if there are

24:42 ↗ questions please please uh re

24:45 ↗ let someone know and we'll pause um so

24:48 ↗ we're gonna i'm

24:49 ↗ just gonna spend a little bit of time

24:50 ↗ talking about the role of members this

24:52 ↗ is just about some expectations um

24:55 ↗ for

24:56 ↗ you as you serve um as commissioners on

24:59 ↗ the development commission so these are

25:01 ↗ the three things that we uh that i will

25:03 ↗ quickly cover

25:05 ↗ so the first is attendance um and this

25:09 ↗ uh

25:10 ↗ this is important because um as you

25:12 ↗ probably gathered for those of you who

25:13 ↗ have served on the commission um you you

25:16 ↗ are

25:16 ↗ a piece in a very big timeline for these

25:20 ↗ um

25:21 ↗ projects and issues and so um it's

25:23 ↗ important that we know if you need to

25:25 ↗ miss a meeting so we can ensure that

25:27 ↗ there's still a quorum present um so

25:30 ↗ please provide um

25:32 ↗ lucy or minnie or your your point person

25:35 ↗ at the

25:36 ↗ planning department notice of of travel

25:38 ↗ even even if it might not conflict with

25:41 ↗ a scheduled meeting at times special

25:43 ↗ meetings are needed so it can be helpful

25:44 ↗ to know if you're going to be gone for a

25:45 ↗ two-week period

25:47 ↗ uh we request five-day notice understand

25:50 ↗ that's not always possible if you have

25:52 ↗ some kind of emergency or health issue

25:54 ↗ just do your best to provide any kind of

25:56 ↗ advance notice so that you can

25:58 ↗ be indicated as having an excused

26:00 ↗ absence that's important because if you

26:03 ↗ provide no advance notice your absence

26:05 ↗ is considered unexcused if you have

26:07 ↗ three

26:08 ↗ consecutive unexcused absences that can

26:10 ↗ be caused to be removed from the

26:12 ↗ commission so again we understand you

26:14 ↗ may not be able to be at every meeting

26:16 ↗ just to provide that notice

26:19 ↗ i wanted to take a minute to talk about

26:21 ↗ the transition to in-person meetings as

26:23 ↗ i know you've all received a few emails

26:25 ↗ over the last couple of weeks talking

26:27 ↗ about plans to initially return

26:30 ↗ to in-person meetings in june and then

26:32 ↗ because of

26:34 ↗ the high coveted case counts in the area

26:37 ↗ recently the the city in the mayor's

26:39 ↗ office has decided to delay that

26:42 ↗ to june

26:43 ↗ so we

26:44 ↗ have 14 advisory boards in the city and

26:47 ↗ are

26:48 ↗ planning at this time that six of them

26:50 ↗ would return in person starting in july

26:52 ↗ i'm uncertain if your july 6 meeting is

26:55 ↗ is needed and i'm

26:57 ↗ so i've listed both that and your

26:59 ↗ planned joint meeting with ppc which is

27:01 ↗ occurring on the 14th one of those will

27:04 ↗ be your first in-person meeting

27:07 ↗ the meetings will be held in the council

27:09 ↗ chambers again

27:11 ↗ and you will be seated up at the dyess

27:15 ↗ the development commission has been

27:16 ↗ determined to be one of the commissions

27:18 ↗ that the city would like to continue to

27:20 ↗ provide

27:21 ↗ uh virtual participation for so let me

27:24 ↗ stop for a minute there we um

27:26 ↗ don't there is there was during when

27:29 ↗ covet hit there were no provisions for a

27:32 ↗ purely remote meeting of

27:34 ↗ our city council or our advisory boards

27:37 ↗ but the governor very quickly issued a

27:39 ↗ proclamation that said that

27:41 ↗ virtual meetings were required during

27:44 ↗ covid in-person meetings were optional

27:47 ↗ and so for the past two years we've been

27:49 ↗ operating under that proclamation which

27:51 ↗ has been extended and extended and

27:53 ↗ approved by the legislature

27:55 ↗ that proclamation is being terminated as

27:58 ↗ of june 1st so as of june 1st in-person

28:01 ↗ meetings will be required virtual

28:03 ↗ components to those meetings will be

28:05 ↗ optional unless

28:08 ↗ we continue to be in a state of

28:09 ↗ emergency and there's a demonstrated

28:11 ↗ public health and safety need so for the

28:14 ↗ month of june we'll be

28:17 ↗ using that provision saying that we have

28:19 ↗ a continued public health and safety

28:20 ↗ need to have your meetings fully virtual

28:23 ↗ and then in july

28:24 ↗ we'll be expecting that boarding

28:26 ↗ commission members return in person for

28:28 ↗ those first six sports but will be

28:30 ↗ allowing the public to continue to

28:32 ↗ participate virtually and i foresee that

28:35 ↗ that could be on an ongoing basis we've

28:37 ↗ seen the the public in some cases

28:39 ↗ increased public participation because

28:42 ↗ of that virtual component

28:45 ↗ so i wanted to

28:47 ↗ provide an opportunity for any questions

28:48 ↗ and also to remind you during covet

28:51 ↗ attendance by boarding commission

28:52 ↗ members has been absolutely stellar

28:54 ↗ because many of us have been home and

28:56 ↗ we've been able to participate in

28:57 ↗ meetings even when we're not you know in

28:59 ↗ issaquah

29:01 ↗ but obviously returning to in-person

29:03 ↗ meetings means that you will have travel

29:05 ↗ you may be ill

29:07 ↗ and just provide that advanced notice to

29:10 ↗ the to staff we understand there will be

29:12 ↗ an increase in that need for excused

29:14 ↗ absences

29:16 ↗ and again if you have any questions on

29:17 ↗ this point

29:19 ↗ let me know

29:20 ↗ otherwise i'll move on to the last few

29:22 ↗ slides i have

29:26 ↗ all right so uh just quickly touching on

29:28 ↗ the role of alternates on the commission

29:31 ↗ um this can be a point of confusion um

29:34 ↗ melanie i see that you are a regular

29:36 ↗ member and that eddie is a alternate

29:38 ↗ member so this is this is a good point

29:40 ↗ for him to listen to so alternates have

29:43 ↗ expectations to attend meetings and are

29:45 ↗ such a valuable um

29:48 ↗ part of the commission because in the

29:50 ↗ absence of any regular member they're

29:52 ↗ asked to step in and fill those shoes

29:55 ↗ however if there are all seven regular

29:57 ↗ members present at a meeting and there

30:00 ↗ is a discussion and decision on an issue

30:02 ↗ the while the alternate can participate

30:05 ↗ in discussion

30:06 ↗ once the motion is made they are not

30:09 ↗ able to participate in debate

30:11 ↗ they're not able to make a motion

30:13 ↗ participate in debate or vote so there

30:15 ↗ are some limitations to their role if

30:18 ↗ they are not filling in as a regular

30:19 ↗ member and the development commission

30:21 ↗ rules have some provisions for which

30:23 ↗ alternates are selected to fill in place

30:25 ↗ of regular members it's based on

30:27 ↗ seniority if i recall and typically the

30:30 ↗ staff leaves and will reach out in

30:31 ↗ advance

30:32 ↗ if it's known that an alternate will

30:34 ↗ need to fill in

30:37 ↗ the meeting agendas are all published

30:40 ↗ online as i mentioned earlier

30:42 ↗ there are some action indicators on

30:44 ↗ those agendas that can be helpful

30:46 ↗ in ida which are code for information

30:49 ↗ discussion discussion and action so

30:50 ↗ those are useful to pay attention to

30:53 ↗ when you're reviewing the agenda and

30:55 ↗ here is a sample of what the agenda

30:58 ↗ looks like it contains hyperlinks to the

31:00 ↗ staff reports and

31:02 ↗ materials that are accompanying the

31:04 ↗ items that you are to be discussing at

31:06 ↗ your meeting

31:08 ↗ with that i'm going to turn it back over

31:10 ↗ to rachel

31:16 ↗ i'll meet myself thanks tisha

31:18 ↗ all right now to discuss public hearings

31:21 ↗ which i know that you have all had um

31:24 ↗ your fair share of

31:28 ↗ see you could advance the slide

31:30 ↗ thank you there are two types of public

31:32 ↗ hearings that we deal with in

31:35 ↗ local government

31:36 ↗ the first type is legislative where the

31:39 ↗ objective is to obtain public input on

31:42 ↗ legislative policy matters

31:45 ↗ the other is quasi-judicial where the

31:48 ↗ objective is to decide the legal rights

31:50 ↗ of specific individual parties in a

31:53 ↗ specific matter

31:55 ↗ those are the decisions that in the

31:57 ↗ public hearings that you this group is

31:59 ↗ probably most familiar with

32:02 ↗ next slide

32:04 ↗ in legislative hearings

32:06 ↗ you act like a legislator

32:08 ↗ you make decisions that affect the

32:10 ↗ entire community as a whole

32:13 ↗ these legis or public hearings of the

32:15 ↗ legislative nature just like the

32:18 ↗ question ones require notice um they

32:21 ↗ require a reasonable

32:22 ↗ uh opportunity to be heard

32:24 ↗ the amount of notice that the city has

32:26 ↗ to provide depends on the nature of the

32:30 ↗ of the hearing and what it's about

32:32 ↗ and uh it's usually found in either the

32:35 ↗ imc or in one of the state statutes rcw

32:40 ↗ the notice has to describe the action

32:42 ↗ that's under consideration with enough

32:44 ↗ specificity to allow people to just

32:48 ↗ people of ordinary intelligence is what

32:49 ↗ the law says to understand what will and

32:52 ↗ will not be discussed in that

32:55 ↗ public hearing not every legislative

32:58 ↗ decision is subject to a public hearing

33:01 ↗ it's really dependent on whether or not

33:03 ↗ a state statute or a local code

33:07 ↗ requires it

33:09 ↗ uh some some cities then choose to you

33:12 ↗ know

33:13 ↗ add more uh public hearings uh than are

33:16 ↗ necessary by either their code or

33:19 ↗ the the state

33:20 ↗ uh

33:21 ↗ statutes but

33:23 ↗ there are only certain particular

33:25 ↗ legislative actions that actually

33:26 ↗ require the public hearing otherwise

33:29 ↗ people have still have the opportunity

33:30 ↗ to be heard but it's just in the form of

33:33 ↗ the regular public comment process

33:38 ↗ what does it mean to have the

33:40 ↗ opportunity to be heard it means that at

33:42 ↗ a public hearing all members of the

33:44 ↗ public have to be allowed to speak

33:47 ↗ you can

33:49 ↗ establish reasonable rules so you don't

33:51 ↗ have to let someone speak for 45 minutes

33:54 ↗ um

33:55 ↗ and you can

33:57 ↗ keep them on on track you know they

33:59 ↗ don't get to get up and read the the

34:01 ↗ phone book or something like that and of

34:03 ↗ course you could have you know you could

34:06 ↗ have somewhat have decorum rules uh

34:09 ↗ those are a little hard to enforce to be

34:11 ↗ quite frank under the first amendment

34:13 ↗ people have to be pretty poorly behaved

34:15 ↗ in public meetings in order for us to

34:18 ↗ to kick them out but um

34:21 ↗ in general we we can

34:24 ↗ we can shut down some some pretty

34:26 ↗ inappropriate behavior that's going on

34:28 ↗ and

34:29 ↗ the best way to

34:32 ↗ obtain the appropriate behavior at the

34:35 ↗ outset is for the chair to establish the

34:37 ↗ ground rules at the onset so people know

34:40 ↗ how long

34:41 ↗ they have to speak and that they need to

34:43 ↗ stay on focus and and on point and be

34:46 ↗ relevant and that they're you know that

34:47 ↗ they're supposed to direct their

34:48 ↗ comments to the entire body

34:50 ↗ uh those types of rules no personal

34:52 ↗ attacks that's that's why you'll see and

34:54 ↗ hear those things a lot in meetings

34:56 ↗ those are those are just the chair of

34:58 ↗ the meeting establishing those ground

35:00 ↗ rules

35:05 ↗ legislative hearings

35:07 ↗ are essentially uh to

35:11 ↗ there to obtain the public input but

35:13 ↗ it's so that legislative

35:16 ↗ uh so legisl excuse me so that the

35:19 ↗ legislative body

35:20 ↗ can make its decision usually on

35:23 ↗ criteria that is set by either state law

35:26 ↗ or city code

35:28 ↗ in the absence of such set criteria it's

35:31 ↗ a it's what's called a policy decision

35:33 ↗ which means that

35:35 ↗ it's that body deciding what the best

35:36 ↗ policy is for that particular community

35:40 ↗ they are not limited to considering the

35:42 ↗ testimony and documents presented at the

35:44 ↗ hearing so in other words it's not a

35:46 ↗ closed record hearing like uh like

35:48 ↗ you're often uh hear about in

35:51 ↗ quasi-judicial

35:52 ↗ matters it's

35:54 ↗ open and they can

35:57 ↗ they can go out and talk to whoever and

35:59 ↗ the public that they want to they can go

36:01 ↗ read

36:02 ↗ and do their own research they really

36:04 ↗ there's really just no parameters on how

36:07 ↗ much

36:08 ↗ input and testimony and

36:11 ↗ and uh information they can seek before

36:14 ↗ making their decision

36:19 ↗ judicial decisions on the other hand are

36:21 ↗ much different

36:23 ↗ in

36:24 ↗ those hearings

36:26 ↗ the body is acting like a court

36:30 ↗ they are holding the hearings

36:31 ↗ essentially to gather evidence

36:34 ↗ that evidence is

36:36 ↗ your record

36:38 ↗ they then make findings based on that

36:41 ↗ evidence slash record

36:44 ↗ and they make those findings by applying

36:46 ↗ criteria whether it be permit criteria

36:49 ↗ or other decision criteria

36:52 ↗ to the the facts that are in the

36:54 ↗ evidence to then draw conclusions on

36:56 ↗ whether or not

36:58 ↗ um an approval should be granted

37:01 ↗ or and to decide the rights of various

37:03 ↗ applicants um

37:05 ↗ in in these types of proceedings

37:08 ↗ it's

37:09 ↗ it is it is very

37:11 ↗ very good comparison to court where

37:14 ↗ where judges is looking to see did you

37:17 ↗ meet the elements of this offense let's

37:19 ↗ say if it's a crime so it's very much

37:21 ↗ like that but

37:23 ↗ held outside of court

37:30 ↗ to have a proper quasi-judicial

37:33 ↗ proceeding you really should have

37:34 ↗ standing rules of procedure

37:37 ↗ it

37:38 ↗ keeps things

37:39 ↗ moving smoothly but it also ensures that

37:44 ↗ we can make that everyone gets the

37:46 ↗ appropriate due process which we'll talk

37:48 ↗ about in a few slides from here

37:50 ↗ but in the absence of having standing

37:53 ↗ rules you know on the books that you use

37:55 ↗ every time

37:56 ↗ you can work out procedures at the

37:58 ↗ outset of a meeting on how you're going

38:00 ↗ to

38:01 ↗ to do it on the outside of the hearing

38:02 ↗ so

38:03 ↗ the important thing is

38:05 ↗ that you're not just going in and

38:06 ↗ winging it and that you have an

38:09 ↗ established process up front so that the

38:11 ↗ proceedings are orderly

38:13 ↗ fair judicious

38:16 ↗ typically the party that has the burden

38:18 ↗ of proof is what we call it which is

38:20 ↗ usually in in cases where there is um

38:23 ↗ an applicant it's it would be the

38:25 ↗ applicant who anyone who's applying for

38:27 ↗ a permit or some sort of approval

38:30 ↗ they would present first

38:32 ↗ and then the other parties who were um

38:36 ↗ anyone who was

38:37 ↗ contesting that they would then

38:40 ↗ they would then present afterwards and

38:42 ↗ then the first initial party

38:45 ↗ would then have an opportunity to rebut

38:47 ↗ the

38:48 ↗ uh the other speakers

38:51 ↗ commissioners are

38:53 ↗ allowed to ask questions at any time

38:55 ↗ during this first these proceedings just

38:57 ↗ like a judge uh can and does do in fact

39:04 ↗ positive judicial decisions are subject

39:06 ↗ to what is called the appearance of

39:08 ↗ fairness doctrine

39:10 ↗ under the appearance of fairness

39:12 ↗ doctrine proceedings must be fair

39:14 ↗ and appear fair so they have to be fair

39:17 ↗ in what we call

39:19 ↗ um

39:21 ↗ in

39:22 ↗ in appearance and fact

39:27 ↗ this questions that you ask to determine

39:30 ↗ whether or not there has been um

39:33 ↗ a violation of the appearance of

39:34 ↗ fairness doctrine or you know whether or

39:36 ↗ not something

39:37 ↗ is in fact fair

39:39 ↗ is was the decision made solely on the

39:42 ↗ basis of matters that are in the record

39:45 ↗ would a fair-minded person observing the

39:48 ↗ proceedings be able to conclude

39:50 ↗ that

39:52 ↗ everyone who needed to be heard had been

39:54 ↗ heard did the decision makers give

39:57 ↗ reasonable faith and credit to all

39:59 ↗ matters presented according to the

40:00 ↗ weight and force that those

40:03 ↗ matter matters were entitled to receive

40:05 ↗ so on that that note

40:06 ↗ it means that you have to make

40:08 ↗ credibility determinations and relevance

40:10 ↗ determinations just like a judge has to

40:12 ↗ do when they weigh the evidence not

40:14 ↗ everything that you're going to hear in

40:16 ↗ a quasi-judicial

40:18 ↗ hearing just like in a public in a

40:20 ↗ legislative hearing really is going to

40:22 ↗ be relevant or as

40:27 ↗ as credible as

40:29 ↗ other information that you might hear

40:31 ↗ and

40:31 ↗ one of your jobs as a decision maker is

40:34 ↗ to

40:35 ↗ you know evaluate the the credentials

40:37 ↗ and knowledge of the speakers and

40:40 ↗ the uh

40:41 ↗ the relevance of the particular speakers

40:44 ↗ to whatever you're deciding into the

40:46 ↗ particular criteria that you need to

40:49 ↗ that are applicable to the decision

40:52 ↗ because once again not everything you

40:54 ↗ know people may have very valid points

40:56 ↗ when they stand up to speak but it

40:58 ↗ doesn't necessarily mean that

41:00 ↗ that

41:01 ↗ it is relevant to that particular

41:03 ↗ proceeding

41:05 ↗ the ultimate question that a judge asked

41:07 ↗ in these proceedings is whether a

41:08 ↗ reasonably prudent and disinterested

41:10 ↗ observer

41:12 ↗ would conclude that all parties obtained

41:14 ↗ a fair impartial and neutral hearing

41:17 ↗ so

41:18 ↗ to this and

41:20 ↗ ex parte communications are prohibited

41:23 ↗ which means that

41:25 ↗ you can't have uh

41:27 ↗ out of

41:28 ↗ proceedings out of uh hearing contact

41:31 ↗ with proponents or opponents of a

41:33 ↗ particular project

41:36 ↗ you there's a special scrutiny on the

41:39 ↗ relationship of the decision makers to a

41:41 ↗ particular project

41:45 ↗ which is why

41:47 ↗ you get asked those lovely questions uh

41:50 ↗ that the staff will ask you

41:53 ↗ um i think we can go to the next slide

41:54 ↗ now

41:58 ↗ thank you

42:02 ↗ because there's

42:04 ↗ there are

42:05 ↗ there's a lot of case law the appearance

42:07 ↗ of fairness doctrine was initially

42:09 ↗ established by case law it's been

42:11 ↗ codified now so it's actually in the rcw

42:14 ↗ but it wasn't always so

42:17 ↗ there's a lot of cases that discuss you

42:19 ↗ know what

42:21 ↗ what the appearance of fairness doctor

42:23 ↗ means and the various violations that

42:26 ↗ can occur

42:27 ↗ and

42:28 ↗ there are

42:30 ↗ there are many ways that you can have an

42:33 ↗ interest in a particular project you for

42:36 ↗ instance perhaps maybe you have some

42:38 ↗ sort of personal or social connection to

42:40 ↗ a project that might

42:42 ↗ um cause you to prejudge the issue or

42:46 ↗ might bias you to a particular

42:48 ↗ uh one particular party over another

42:51 ↗ that's really that's really the key

42:54 ↗ the key question is whether or not you

42:57 ↗ can

42:58 ↗ despite any particular uh

43:02 ↗ connections that you have to the project

43:04 ↗ whether or not you can

43:05 ↗ you can fairly and partially hear the

43:07 ↗ matter

43:08 ↗ ex parte communications can be cured by

43:12 ↗ disclosing the substance of your

43:14 ↗ communications at the outset of the

43:16 ↗ hearing and then giving the opportunity

43:18 ↗ for

43:19 ↗ members of the the public that are there

43:21 ↗ to rebut and challenge you and at that

43:24 ↗ point you have the opportunity to then

43:26 ↗ step down and and essentially leave the

43:29 ↗ room

43:30 ↗ and not participate in the decision any

43:32 ↗ longer or in the proceedings any longer

43:35 ↗ or to say no i i

43:39 ↗ stay i stay by my position i yes i have

43:42 ↗ these ex parte communications but

43:44 ↗ i do not feel that they bias me in any

43:47 ↗ way

43:48 ↗ uh

43:50 ↗ other appearance of fairness

43:52 ↗ problems can't be cured in the same way

43:54 ↗ that ex parte communications can however

43:57 ↗ once again if you don't feel that

43:59 ↗ something has

44:00 ↗ impacted your ability to be

44:03 ↗ fair and impartial then you can

44:07 ↗ if as long as it's been disclosed you

44:09 ↗ know for instance you say

44:10 ↗ my friend is on

44:13 ↗ is on the board of this organization

44:15 ↗ as long as you've disclosed that and

44:17 ↗ given the opportunity for

44:20 ↗ someone to challenge it if they don't

44:22 ↗ challenge it at that hearing their

44:23 ↗ objection is waived and if they do

44:25 ↗ challenge it once again and you are very

44:28 ↗ feel strong in your conviction that you

44:30 ↗ are not

44:31 ↗ not biased because of it you can still

44:33 ↗ participate

44:34 ↗ another really interesting feature of

44:35 ↗ the appearance of fairness doctrine is

44:37 ↗ the rule of necessity

44:38 ↗ which

44:39 ↗ does come up from time to time

44:41 ↗ and

44:42 ↗ it holds that if all

44:44 ↗ members of or if a quorum or essentially

44:47 ↗ of a of a decision-making body

44:50 ↗ are essentially conflicted out because

44:53 ↗ of appearance of fairness issues

44:55 ↗ then they can still

44:57 ↗ participate in the decision

44:59 ↗ because

45:00 ↗ they have to it's a necessity otherwise

45:03 ↗ the decision couldn't be made

45:05 ↗ so that's just something to keep in mind

45:07 ↗ um i've rarely seen it have to be

45:10 ↗ invoked but it has i have from time to

45:12 ↗ time

45:14 ↗ next slide

45:17 ↗ deliberations on a quasi-judicial

45:19 ↗ decision can happen immediately

45:20 ↗ following the hearing or you can have

45:23 ↗ them at a subsequent date

45:25 ↗ it's usually good to

45:27 ↗ hold them as close to the end of the

45:29 ↗ hearing as possible just to avoid

45:32 ↗ uh allegations of interference in the

45:35 ↗ interim

45:36 ↗ the decisions

45:38 ↗ must be based on the criteria so in this

45:41 ↗ case criteria that's in the code

45:44 ↗ there like i said a few minutes ago

45:47 ↗ there may be people may may's rate may

45:49 ↗ raise excellent points for or against a

45:53 ↗ project but those points are just not

45:55 ↗ relevant unless they go

45:58 ↗ to a particular

46:01 ↗ code criteria

46:03 ↗ this the decision also has to be based

46:05 ↗ on items that are in the record means

46:08 ↗ the testimony comments

46:10 ↗ the documents that have been introduced

46:13 ↗ into the record

46:14 ↗ so for instance

46:16 ↗ let's say you know something you just

46:18 ↗ happen to know something about a

46:20 ↗ particular property or project if it's

46:22 ↗ outside of the record

46:24 ↗ you

46:25 ↗ even if it really helps tip the balance

46:28 ↗ for you one way or the other

46:29 ↗ you can't rely on that in making your

46:31 ↗ decision because it's not in the record

46:36 ↗ next slide

46:39 ↗ legal challenges

46:41 ↗ there's a couple types of legal

46:43 ↗ challenges we see to land use decisions

46:47 ↗ there are land there are legal

46:49 ↗ challenges they both really relate to to

46:51 ↗ due process

46:52 ↗ which due process is a it's a

46:54 ↗ constitutional um

46:58 ↗ it's a constitutional uh

47:00 ↗ right and theory

47:02 ↗ which is that parties must be given

47:03 ↗ adequate notice and a meaningful

47:05 ↗ opportunity to be heard

47:07 ↗ and to

47:09 ↗ obtain due process in these proceedings

47:12 ↗ means that we have to follow the process

47:14 ↗ that is in the code

47:16 ↗ that's procedural due process uh there's

47:18 ↗ once again i step back there are two

47:20 ↗ types of due process there's procedural

47:23 ↗ due process and substantive due process

47:25 ↗ procedural due process means that you

47:27 ↗ follow the correct steps

47:29 ↗ substantive due process means that the

47:31 ↗ legislation

47:33 ↗ uh serves a legitimate purpose

47:35 ↗ or or decision serves a legitimate

47:38 ↗ purpose and is not made arbitrarily

47:41 ↗ or irrationally

47:42 ↗ so

47:44 ↗ on one way one one hand you have to make

47:46 ↗ sure that you follow the correct

47:47 ↗ procedures to give due process on that

47:50 ↗ in that regard

47:51 ↗ you also have to make sure that you give

47:53 ↗ due process in the form of not rendering

47:56 ↗ uh decisions that are arbitrary and

47:58 ↗ capricious

48:05 ↗ where we

48:06 ↗ see most of our challenges end up

48:09 ↗ is in court under land use petition act

48:13 ↗ cases we we do see uh would you see

48:17 ↗ we see cases in front of other bodies

48:19 ↗ too like the growth board but the vast

48:21 ↗ majority of decisions

48:23 ↗ that you're going to be involved in are

48:25 ↗ going to be heard under lupa because

48:28 ↗ lupa is where

48:30 ↗ uh appeals of quasi judicial matters go

48:34 ↗ and lupa provides

48:36 ↗ people with an opportunity to appeal a

48:37 ↗ land use decision within 21 days of the

48:40 ↗ issuance of that decision

48:42 ↗ the court reviews the permit decision to

48:45 ↗ determine if

48:46 ↗ uh if it's supported by substantial

48:49 ↗ evidence if it's

48:51 ↗ based on um

48:52 ↗ evidence in the record

48:54 ↗ if there was an erroneous interpretation

48:56 ↗ of law involved

48:59 ↗ or an erroneous application of the law

49:02 ↗ to the facts since essentially you know

49:04 ↗ you you didn't actually meet those

49:06 ↗ criteria would would be what how that

49:08 ↗ would work

49:09 ↗ but it was based on that was based on

49:11 ↗ some sort of procedural error so for

49:14 ↗ instance you didn't follow the policies

49:16 ↗ and uh procedures for how to conduct the

49:18 ↗ meetings so maybe you didn't for

49:20 ↗ instance an error like that would be

49:21 ↗ that something wasn't noticed properly

49:24 ↗ or that it was outside of the

49:26 ↗ jurisdiction of decision maker for

49:27 ↗ instance if the development commission

49:30 ↗ made a decision that should have been

49:32 ↗ rendered by the hearing examiner or vice

49:33 ↗ versa

49:35 ↗ or it would of course if it violates the

49:37 ↗ constitutional rights of any of the

49:39 ↗ parties involved

49:42 ↗ lupa decisions are reviewed on the

49:43 ↗ record and no new evidence is taken by

49:46 ↗ the court

49:48 ↗ uh which is

49:49 ↗ in most cases there are certain cases

49:52 ↗ where the court will allow additional

49:54 ↗ evidence into the record and as lawyers

49:56 ↗ we all are very sad when that happens

49:58 ↗ because the record and loop of

49:59 ↗ proceedings is already thousands and

50:01 ↗ thousands and thousands and thousands of

50:02 ↗ pages long so

50:04 ↗ um there's plenty of evidence already

50:07 ↗ for everyone to fight over and doing

50:10 ↗ um adding more is you know one of the

50:12 ↗ nice things about lupa is that the

50:14 ↗ decisions are rather streamlined

50:16 ↗ because of um that's the entire purpose

50:18 ↗ is to give applicants more certainty on

50:20 ↗ their projects in a in a quick

50:23 ↗ and timely manner

50:25 ↗ and because of that we don't engage in

50:27 ↗ the same type of discovery you do in

50:29 ↗ regular civil litigation

50:32 ↗ because you just have the record

50:38 ↗ and with that i will be happy to take

50:40 ↗ any questions

50:47 ↗ are there any questions

50:49 ↗ um on this

50:51 ↗ part of the presentation this evening

50:52 ↗ from commissioners

50:57 ↗ uh commissioner morgan

51:00 ↗ thank you sure i do have a few questions

51:02 ↗ it's okay um time limits for speakers so

51:06 ↗ in a meeting uh it sounds like it's up

51:08 ↗ to the discretion of the chair

51:10 ↗ and if you had a meeting that

51:12 ↗ you had a long list of people speaking

51:16 ↗ is there a minimum time limit that a

51:18 ↗ chair has to provide somebody to speak

51:23 ↗ there's no minimum

51:25 ↗ set in law particularly but it would

51:27 ↗ come down to that it would be sort of a

51:29 ↗ due process issue did they get a

51:31 ↗ meaningful opportunity to be heard

51:34 ↗ i would say in general three minutes is

51:36 ↗ about the minimum i've seen provided per

51:39 ↗ each speaker which

51:42 ↗ in some cases even that can lead to some

51:45 ↗ very very lengthy meetings but

51:49 ↗ it's a good it's better to err on the

51:51 ↗ side of

51:52 ↗ of

51:53 ↗ caution i think when it comes to giving

51:56 ↗ people an opportunity to be heard given

51:58 ↗ how important that is to the overall

52:01 ↗ process

52:02 ↗ great thank you um

52:04 ↗ could i add one thing um just uh

52:07 ↗ because uh i want to make sure that

52:10 ↗ commissioners remember that we do have

52:12 ↗ adopted rules of procedure

52:14 ↗ and those uh rules uh say that we will

52:17 ↗ give five minutes but that we can

52:20 ↗ shorten the time based on the number of

52:23 ↗ speakers who are present

52:26 ↗ and so it's helpful i think it's a great

52:28 ↗ question about what the minimum is

52:30 ↗ because there are times

52:33 ↗ such as

52:34 ↗ in recent history in which

52:37 ↗ we've had a lot of speakers and needed

52:39 ↗ to

52:40 ↗ parse out the time that's available

52:44 ↗ that's a very good point lucy thank you

52:47 ↗ um my second question the appearance of

52:49 ↗ fairness and the disclosure

52:52 ↗ um and my understanding now is that with

52:54 ↗ um like with the providence point

52:57 ↗ um high school project

53:00 ↗ we make disclosures at each

53:04 ↗ um

53:05 ↗ meeting that comes up and i thought it

53:06 ↗ used to be where it was you would make a

53:08 ↗ disclosure the beginning of a project

53:11 ↗ and if it got continued

53:13 ↗ if there'd been no objections in the

53:15 ↗ beginning

53:16 ↗ that just held throughout but it's

53:18 ↗ it could be objected out at each meeting

53:20 ↗ now as i understand

53:22 ↗ it's really more of a

53:25 ↗ i think that's just to provide

53:26 ↗ additional protection

53:28 ↗ to

53:29 ↗ the city and to make sure that

53:32 ↗ if you have

53:34 ↗ different people attending on different

53:36 ↗ nights

53:37 ↗ they

53:38 ↗ get the opportunity to object

53:41 ↗ on those evenings because what you

53:42 ↗ wouldn't want to have is if you you know

53:44 ↗ continued it to another date

53:47 ↗ and somebody else hadn't been there the

53:50 ↗ first day and didn't hear the

53:52 ↗ hear the disclosures

53:54 ↗ then you might get into an argument in

53:56 ↗ your loop about whether or not

53:59 ↗ those disclosures

54:01 ↗ carried over which i think that honestly

54:04 ↗ they probably would but it's just a i

54:07 ↗ think it's more of a cautionary way to

54:10 ↗ handle it and just a matter of

54:12 ↗ transparency

54:14 ↗ great thank you

54:16 ↗ and the last one is sorry i asked one

54:19 ↗ more question uh i i had wondered

54:22 ↗ whether it had

54:24 ↗ the

54:24 ↗ repetition of um

54:27 ↗ appearance of fairness disclosures was

54:29 ↗ also to address the potential for

54:31 ↗ ex-parte communication between meetings

54:34 ↗ it's true i mean you could have you

54:36 ↗ could have additional ex parte

54:38 ↗ communications i mean

54:40 ↗ yes that that's definitely you you could

54:43 ↗ you could do something simpler i suppose

54:46 ↗ though like say does anyone have

54:49 ↗ you know just throw the slide up and say

54:51 ↗ does anyone else have anything that they

54:53 ↗ didn't disclose last time i mean you i

54:56 ↗ suppose you don't really have to ask

54:57 ↗ everyone the questions every time it's

54:59 ↗ kind of what i mean but i think it's a

55:01 ↗ good idea to just

55:04 ↗ do the whole process each time because i

55:07 ↗ mean technically you could have even

55:09 ↗ moved to a home you know to a place

55:12 ↗ that's within 300 feet of a property

55:14 ↗ with it between the

55:16 ↗ two meetings i mean

55:17 ↗ or got employment with someone so those

55:20 ↗ those things can change over the course

55:22 ↗ of a project so it's just better to

55:26 ↗ to check in

55:28 ↗ than to join okay

55:29 ↗ and then last question uh the work where

55:33 ↗ we're helping out with the ppc on title

55:35 ↗ 18 i presume then that falls under the

55:38 ↗ legislative

55:41 ↗ yes

55:41 ↗ branches so there is no quasi-judiciary

55:44 ↗ there's no disclosure

55:46 ↗ or

55:47 ↗ issues with discussion outside the

55:49 ↗ meeting if somebody came up to you and

55:51 ↗ wanted to give you

55:53 ↗ their opinion of title 18

55:55 ↗ outside of a meeting

55:57 ↗ you are free to discuss it and to

56:00 ↗ solicit all the feedback that you would

56:03 ↗ like to solicit

56:05 ↗ okay

56:06 ↗ yep none of the none of the same

56:07 ↗ quasijudicial parameters

56:10 ↗ there's no no appearance of fairness

56:11 ↗ issue there just a purely legislative

56:13 ↗ decision so

56:15 ↗ yes you are absolutely free to

56:18 ↗ to to look into it as much as you want

56:20 ↗ to and talk to people at the grocery

56:22 ↗ store and

56:24 ↗ yep

56:25 ↗ okay thanks rachel

56:29 ↗ are there any other questions from

56:31 ↗ commissioners

56:32 ↗ after realizing that the ppc has it so

56:34 ↗ much easier than we do

56:36 ↗ so

56:37 ↗ commissioner sanford

56:39 ↗ for sure we do have at ease here um back

56:42 ↗ in the day when we were meeting in

56:44 ↗ person and i guess we will again soon

56:46 ↗ maybe one day uh when members of the

56:49 ↗ public signed up to speak and they would

56:51 ↗ come to the lectern we would ask them to

56:53 ↗ state their name at a dress and there

56:55 ↗ was i think a point in time when we

56:58 ↗ dropped the address uh maybe this in our

57:00 ↗ rules and procedure that lucy referred

57:02 ↗ to i don't know

57:03 ↗ so do we just ask them to give their

57:05 ↗ name is that all we ask

57:08 ↗ yes i mean

57:09 ↗ i i will tell you that a surprising

57:12 ↗ number of jurisdictions still request

57:14 ↗ the whole thing but

57:17 ↗ it's it's not something that people are

57:18 ↗ required to give so

57:21 ↗ my advice is to not ask that okay thanks

57:28 ↗ are there other questions from the

57:30 ↗ commission

57:31 ↗ on this topic

57:35 ↗ okay seeing none um lucy i i know we

57:38 ↗ don't have a project in front of us

57:39 ↗ tonight but i i did move quickly at the

57:42 ↗ beginning and skip past the opportunity

57:44 ↗ for public comment um don't know that

57:47 ↗ we've got anybody on the call with us

57:48 ↗ this evening but i do want to give an

57:50 ↗ opportunity if there is somebody on the

57:51 ↗ call

57:52 ↗ that would like to comment uh an

57:54 ↗ opportunity opportunity to do that now

57:57 ↗ there uh are no attendees at the meeting

58:00 ↗ other than the panelists great thank you

58:03 ↗ for that

58:04 ↗ okay so we'll move on to the next topic

58:06 ↗ and lucy i think you are the presenter

58:08 ↗ on this one on resources codes and

58:10 ↗ permit types

58:20 ↗ can you see my screen

58:22 ↗ yes you can

58:23 ↗ okay fantastic

58:25 ↗ um

58:26 ↗ so uh tonight i'm i'm going to um

58:30 ↗ walk through some sort of more specific

58:33 ↗ information related to what the attorney

58:35 ↗ [Music]

58:37 ↗ rachel and city clerk tisha have

58:40 ↗ presented this evening

58:42 ↗ so

58:44 ↗ one of the things that i have been asked

58:46 ↗ in the past is how the commission fits

58:48 ↗ into the organizational structure

58:51 ↗ so

58:52 ↗ we are

58:53 ↗ both staff and the commission are part

58:55 ↗ of the administration

58:58 ↗ staff often receive

59:00 ↗ or always receive the permits first

59:03 ↗ for some permits we are the decision

59:05 ↗ makers in other cases we're making

59:08 ↗ recommendations

59:09 ↗ those recommendations can be to the

59:12 ↗ development commission

59:14 ↗ to the planning policy commission

59:16 ↗ or to the city council

59:19 ↗ um

59:20 ↗ when or we can even make uh

59:23 ↗ right to council sorry uh the

59:26 ↗ development commission uh sometimes

59:28 ↗ makes decisions and sometimes makes

59:31 ↗ recommendations again to counsel

59:34 ↗ and likewise planning policy commission

59:36 ↗ is almost always making uh

59:38 ↗ recommendations to counsel

59:41 ↗ all of those are in code

59:43 ↗ so these are processes that are laid out

59:46 ↗ the

59:47 ↗ use of the development commission

59:51 ↗ in consulting actually you're almost

59:54 ↗ like

59:55 ↗ a content expert

59:57 ↗ to the planning policy commission that's

59:59 ↗ why we're doing joint meetings

1:00:02 ↗ with many different boards and

1:00:03 ↗ commissions as content experts to

1:00:06 ↗ support ppc and making their

1:00:08 ↗ recommendations

1:00:12 ↗ so

1:00:13 ↗ now i'm going to kind of go through in

1:00:15 ↗ more detail uh what that means um for

1:00:18 ↗ staff and the commission

1:00:20 ↗ um in terms of permits and review

1:00:22 ↗ process then we'll talk about resources

1:00:26 ↗ um we will have an introduction of

1:00:28 ↗ commissioners

1:00:30 ↗ and then conclude with our elections

1:00:36 ↗ what i'm going to talk about this

1:00:37 ↗ evening are existing

1:00:39 ↗ permit types and processes as many of

1:00:42 ↗ you are aware we're overhauling

1:00:44 ↗ title 18 which is the land use code so

1:00:48 ↗ in the next year some of this may be

1:00:50 ↗ different but um for any permits that

1:00:52 ↗ become before you um before that happens

1:00:56 ↗ we will still be using the processes and

1:00:59 ↗ permits in place

1:01:01 ↗ so the three uh ones that i'll highlight

1:01:04 ↗ tonight are site development permits or

1:01:07 ↗ sdps

1:01:08 ↗ master site plans or msps

1:01:11 ↗ and community conferences

1:01:14 ↗ site development permits are triggered

1:01:16 ↗ depending on where they are in the city

1:01:19 ↗ by property size building size or street

1:01:23 ↗ frontage you are the decision maker and

1:01:26 ↗ it is a quasi-judicial process

1:01:28 ↗ for master site plans um in certain

1:01:31 ↗ parts of the city

1:01:33 ↗ such as where the high school and

1:01:35 ↗ elementary school at providence heights

1:01:37 ↗ were located

1:01:39 ↗ if a project has more than 15 acres it

1:01:42 ↗ has to have a master site plan

1:01:44 ↗ and in that case you are making a

1:01:46 ↗ recommendation to council again in a

1:01:49 ↗ quasi-judicial

1:01:51 ↗ uh the third uh type i

1:01:54 ↗ identified

1:01:56 ↗ for this evening is a community

1:01:57 ↗ conference

1:01:59 ↗ this is not a decision making

1:02:02 ↗ process it is advisory um it's kind of

1:02:05 ↗ an early consultation on either a master

1:02:08 ↗ site plan or a site development permit

1:02:11 ↗ and there is no decision

1:02:14 ↗ feel free to just turn your mics on and

1:02:17 ↗ let me know if you have a question

1:02:19 ↗ along the way this is pretty informal

1:02:23 ↗ so now i want to sort of lay out what

1:02:26 ↗ this process is

1:02:28 ↗ where those pieces might fit in

1:02:30 ↗ and i'll just kind of keep diving

1:02:33 ↗ into a little bit more detail

1:02:35 ↗ so when we get when someone comes to the

1:02:38 ↗ city and says they're interested in a

1:02:41 ↗ project

1:02:42 ↗ we start with a fairly informal process

1:02:46 ↗ so we might have an introductory meeting

1:02:49 ↗ and we also have something called a

1:02:50 ↗ collaboration

1:02:52 ↗ at a collaboration we may make sure

1:02:55 ↗ they're using the right codes

1:02:57 ↗ get to know what their uh project

1:03:01 ↗ is their timelines

1:03:03 ↗ and just to have those kinds of general

1:03:05 ↗ discussions

1:03:07 ↗ then there's a more structured

1:03:10 ↗ phase to the project

1:03:13 ↗ one step might be a pre-application

1:03:16 ↗ meeting called pre-app

1:03:18 ↗ there are some middle requirements

1:03:20 ↗ we would have a meeting

1:03:22 ↗ and give

1:03:24 ↗ the city reviewers would give feedback

1:03:26 ↗ to the applicant team

1:03:29 ↗ then they would make a formal submittal

1:03:32 ↗ for a site development permit or master

1:03:35 ↗ site plan

1:03:36 ↗ in some cases the community conference

1:03:38 ↗ as i mentioned is required and it would

1:03:41 ↗ fall in this kind of in between the

1:03:44 ↗ pre-app

1:03:45 ↗ and the

1:03:46 ↗ folsom middle of the land use permit

1:03:50 ↗ once we've gotten this we move on to a

1:03:52 ↗ staff report

1:03:54 ↗ the commission would review that take

1:03:57 ↗ public comment

1:03:58 ↗ at

1:03:59 ↗ public hearing

1:04:01 ↗ the commission action

1:04:03 ↗ would then take place

1:04:05 ↗ if it's a recommendation it would go to

1:04:07 ↗ council and then either the commission's

1:04:10 ↗ decision or the council's decision could

1:04:13 ↗ be appealed

1:04:15 ↗ assuming that it is recommended for

1:04:18 ↗ approval or it is approved

1:04:22 ↗ once that this phase is completed we

1:04:25 ↗ move into the construction phase which

1:04:27 ↗ would include

1:04:28 ↗ construction permits actual construction

1:04:31 ↗ inspection and occupancy

1:04:34 ↗ so

1:04:35 ↗ the commission's portion of this is

1:04:38 ↗ really once the site development permit

1:04:40 ↗ or master site plan are submitted

1:04:43 ↗ staff then review it in detail and write

1:04:46 ↗ a staff report

1:04:48 ↗ your piece of it is when once we've sent

1:04:51 ↗ this staff report to you holding the

1:04:54 ↗ public hearing

1:04:55 ↗ and then making the decision or

1:04:58 ↗ recommendation

1:05:01 ↗ this is kind of the most detailed

1:05:03 ↗ version this is the way we have done it

1:05:05 ↗ in the past

1:05:07 ↗ as i mentioned title 18 may change much

1:05:10 ↗ of this

1:05:11 ↗ also with a new city attorney and new

1:05:13 ↗ director there may be some tweaks to

1:05:15 ↗ this even in the next year before title

1:05:18 ↗ 18 is adopted

1:05:20 ↗ but what we and i'm presenting this

1:05:21 ↗ mostly so we just all have a baseline

1:05:24 ↗ for changes um in case they come

1:05:27 ↗ about a week before

1:05:29 ↗ the commission meeting we issued the

1:05:31 ↗ staff report and the packet

1:05:34 ↗ the first part of the public hearing is

1:05:37 ↗ the project is introduced to you

1:05:40 ↗ by staff and the applicant we get

1:05:42 ↗ questions from the commissioners and the

1:05:44 ↗ public

1:05:46 ↗ then staff often prepare a briefing

1:05:49 ↗ response memo where we summarize the

1:05:51 ↗ questions and concerns that we've heard

1:05:53 ↗ raised and provide responses and

1:05:56 ↗ potentially edit or add

1:05:58 ↗ conditions

1:06:00 ↗ and then in the second part of the

1:06:02 ↗ public hearing we take responses

1:06:04 ↗ we review the responses we take

1:06:06 ↗ testimony

1:06:07 ↗ complete

1:06:08 ↗ creating the record on which you're

1:06:11 ↗ going to make a decision and make a

1:06:13 ↗ decision

1:06:14 ↗ then

1:06:15 ↗ staff

1:06:16 ↗ prepares a notice of decision or

1:06:18 ↗ recommendation and the chairperson

1:06:21 ↗ for the chairperson's signature

1:06:26 ↗ looking ahead um the three things i

1:06:30 ↗ would point out here

1:06:32 ↗ you are the stakeholder on three out of

1:06:35 ↗ the six title 18 buckets buckets three

1:06:39 ↗ four and five

1:06:41 ↗ you can see the topics there

1:06:44 ↗ we

1:06:45 ↗ last year did a gap analysis with you on

1:06:48 ↗ ppc

1:06:50 ↗ on those three buckets uh this year we

1:06:53 ↗ are bringing discussion drafts

1:06:55 ↗ uh on those of all the content of those

1:06:59 ↗ buckets i should say for melanie's sake

1:07:02 ↗ that

1:07:04 ↗ when we say buckets there are about 22

1:07:06 ↗ or 23 chapters in title 18 which is the

1:07:09 ↗ land use code and we've divided all of

1:07:12 ↗ that content into buckets of

1:07:15 ↗ related content

1:07:17 ↗ and

1:07:19 ↗ pairing content experts like the parks

1:07:21 ↗ board the environmental board and the

1:07:24 ↗ development commission

1:07:26 ↗ as um to support

1:07:28 ↗ um planning policy commission and

1:07:30 ↗ reviewing that

1:07:31 ↗ so their um development commission uses

1:07:35 ↗ the code more than almost anyone

1:07:37 ↗ and so that's why there are three

1:07:39 ↗ buckets um that you are associated with

1:07:42 ↗ uh we as you all know all too well last

1:07:46 ↗ week was um the

1:07:48 ↗ bucket three zoning and uses

1:07:51 ↗ uh discussion draft hearing there will

1:07:53 ↗ be another hearing in june on building

1:07:57 ↗ and sight and urban design

1:07:59 ↗ and then

1:08:00 ↗ july will be

1:08:02 ↗ development standards

1:08:05 ↗ we have

1:08:07 ↗ upcoming three permits that are have

1:08:10 ↗ been submitted

1:08:11 ↗ that will come to the development

1:08:13 ↗ commission those are not scheduled at

1:08:15 ↗ this time

1:08:16 ↗ uh we will coordinate with you in

1:08:18 ↗ advance and set up meeting dates for

1:08:21 ↗ those when they're ready to come to the

1:08:22 ↗ commission

1:08:25 ↗ along with sending you the packet we

1:08:27 ↗ also include a calendar with the packet

1:08:31 ↗ that's one way we try and keep you

1:08:32 ↗ apprised of what's coming in the future

1:08:36 ↗ and

1:08:37 ↗ it's not unusual as many commissioners

1:08:39 ↗ know to have several months when we

1:08:42 ↗ don't have um meetings so we usually try

1:08:45 ↗ and send an email in those months um

1:08:48 ↗ kind of updating you on

1:08:50 ↗ what's coming what's happened with

1:08:52 ↗ things that have been before you

1:08:55 ↗ just to keep you kind of apprised

1:09:00 ↗ any questions

1:09:08 ↗ um

1:09:08 ↗ thank you lucy the question on the

1:09:10 ↗ x-parte communication and

1:09:13 ↗ community conferences versus sdp

1:09:16 ↗ does it

1:09:17 ↗ kick in

1:09:18 ↗ as soon as we get notice of a community

1:09:21 ↗ conference or is it not until the sdp

1:09:23 ↗ notice or

1:09:26 ↗ um i'm going to phone a friend and um i

1:09:30 ↗ think that i know the answer but i would

1:09:32 ↗ prefer that rachel give it just in case

1:09:34 ↗ i'm wrong

1:09:36 ↗ i would say that it would that it would

1:09:39 ↗ um

1:09:40 ↗ i mean it technically

1:09:42 ↗ it comes in as soon as any type of

1:09:44 ↗ application comes in so it would it

1:09:46 ↗ would come in as soon as the

1:09:49 ↗ community conference

1:09:53 ↗ right

1:09:55 ↗ thank you

1:09:55 ↗ sure

1:09:57 ↗ and that was that's the exact answer

1:09:59 ↗ lucy would have given two of chuckling

1:10:01 ↗ so uh

1:10:02 ↗ are there other questions for lucy on

1:10:04 ↗ this topic

1:10:10 ↗ i can't see everyone so you'll need to

1:10:11 ↗ speak up if there are but i'm not seeing

1:10:13 ↗ the people i can see or the

1:10:14 ↗ commissioners i can't see you i'm not

1:10:15 ↗ seeing any hands

1:10:17 ↗ i have a i have a quick question um just

1:10:20 ↗ because i'm i'm new here um how much

1:10:23 ↗ time usually lapses between the first

1:10:25 ↗ and second hearings

1:10:28 ↗ right so um usually um as uh rachel was

1:10:32 ↗ saying we like to not have too much time

1:10:34 ↗ between them

1:10:35 ↗ it could be as short as two weeks might

1:10:38 ↗ be a month it depends on the complexity

1:10:41 ↗ of um

1:10:43 ↗ the kinds of questions and concerns that

1:10:45 ↗ were raised

1:10:50 ↗ good question are there other

1:10:54 ↗ questions for lucy

1:11:00 ↗ hearing none

1:11:02 ↗ so uh lucy do we have another topic that

1:11:04 ↗ you're presenting on or did you cover

1:11:06 ↗ the

1:11:07 ↗ um i was going to talk about resources

1:11:10 ↗ for a minute

1:11:14 ↗ um

1:11:16 ↗ so

1:11:17 ↗ you know there's a lot that you've heard

1:11:19 ↗ about tonight

1:11:21 ↗ we try and provide a robust staff report

1:11:25 ↗ but

1:11:26 ↗ we also want commissioners to be able to

1:11:29 ↗ sort of

1:11:30 ↗ check the code

1:11:32 ↗ understand things

1:11:34 ↗ within the context of the code that

1:11:38 ↗ is being reviewed and you may also just

1:11:40 ↗ be curious about the city so i want to

1:11:42 ↗ provide some resources

1:11:44 ↗ um first is just going to the city's

1:11:47 ↗ website

1:11:48 ↗ iskwawa.gov

1:11:50 ↗ you can always search for things

1:11:53 ↗ i hear the search bar is pretty good

1:11:56 ↗ and

1:11:57 ↗ you can also sign up for notify me

1:12:00 ↗ there are various topics that you can

1:12:02 ↗ select

1:12:04 ↗ community topics

1:12:06 ↗ neighborhood topics

1:12:09 ↗ if you're interested

1:12:10 ↗ we have a active projects map

1:12:14 ↗ which we use to help the public be

1:12:17 ↗ informed about projects

1:12:19 ↗ and to get information on them

1:12:22 ↗ the map part of it is currently down but

1:12:25 ↗ if you go to

1:12:26 ↗ isquadwa.gov

1:12:28 ↗ development the list is available

1:12:33 ↗ um

1:12:34 ↗ in terms of codes

1:12:36 ↗ if you want to look at a code

1:12:39 ↗ un if you go to our website under your

1:12:42 ↗ government

1:12:43 ↗ under documents you can look at either

1:12:45 ↗ city code standards and plans and you

1:12:48 ↗ can see the kinds of resources that are

1:12:50 ↗ available

1:12:51 ↗ or you can go to the municipal code

1:12:54 ↗ and

1:12:56 ↗ click through to see in particular the

1:12:58 ↗ land use code

1:13:00 ↗ when you get to code publishing

1:13:03 ↗ you would click on title 18 and these

1:13:06 ↗ are all the chapters

1:13:08 ↗ that are located there

1:13:10 ↗ some of the ones that might be relevant

1:13:13 ↗ are either

1:13:15 ↗ 1806 on zoning in which includes

1:13:19 ↗ permitted uses or

1:13:22 ↗ the development standards in 1807.

1:13:25 ↗ a lot of the projects that

1:13:28 ↗ come before you are in

1:13:30 ↗ central issaquah

1:13:32 ↗ and i'll show you how to get to that it

1:13:34 ↗ is not part of code publishing that's

1:13:37 ↗ part of the reason that we're

1:13:39 ↗ undertaking the overhaul is to pull all

1:13:41 ↗ the codes into a single code

1:13:44 ↗ and have it all at code publishing to

1:13:46 ↗ make it easy to find

1:13:50 ↗ so um for those codes that are uh

1:13:54 ↗ only hosted on our website

1:13:57 ↗ you would um go to

1:14:00 ↗ sorry i have to stay signed in or it'll

1:14:03 ↗ kick me off

1:14:04 ↗ um

1:14:05 ↗ you would go to the document center

1:14:09 ↗ um you might go there from that uh plans

1:14:12 ↗ and standards page

1:14:15 ↗ and either open development in central

1:14:18 ↗ issaquah to get to any of the central

1:14:20 ↗ isquas standards

1:14:21 ↗ you also sometimes get things that are

1:14:23 ↗ within development agreement areas and

1:14:26 ↗ you would uh expand the development

1:14:28 ↗ agreements and you can see the kind of

1:14:31 ↗ list of um

1:14:33 ↗ identify the

1:14:34 ↗ development agreement and again be able

1:14:37 ↗ to see the agreement and its various

1:14:39 ↗ appendices

1:14:43 ↗ um if you're interested in

1:14:46 ↗ finding out when you're determined uh to

1:14:49 ↗ contact your liaison

1:14:51 ↗ to find out when meetings are or get to

1:14:54 ↗ the packet or the rules

1:14:56 ↗ you would again go to your government

1:14:58 ↗ boards and commissions development and i

1:15:01 ↗ will send out this powerpoint

1:15:04 ↗ so that you have it as a resource

1:15:07 ↗ the liaison

1:15:09 ↗ contact is at the top

1:15:11 ↗ the regular and alternate members are

1:15:13 ↗ listed with their terms

1:15:16 ↗ the

1:15:16 ↗ time and location of meetings

1:15:20 ↗ past meeting

1:15:22 ↗ packets are available

1:15:24 ↗ current meetings are listed here

1:15:27 ↗ and the rules and regulations are listed

1:15:29 ↗ there

1:15:33 ↗ any questions on resources

1:15:42 ↗ hearing none

1:15:44 ↗ um we can thanks that was helpful

1:15:47 ↗ yeah i think the city's website is

1:15:50 ↗ um it's a great um place to go to to

1:15:55 ↗ find information

1:15:57 ↗ once you use it a few times it becomes a

1:16:00 ↗ little easier to navigate but it's not

1:16:02 ↗ bad in the search bar is a pretty

1:16:04 ↗ effective tool as well so i appreciate

1:16:06 ↗ that

1:16:08 ↗ so does that cover the topic be on our

1:16:11 ↗ agenda

1:16:12 ↗ lucy christian chair burden i do have

1:16:14 ↗ one quick question

1:16:17 ↗ it showed the development agreement for

1:16:18 ↗ the highlands for some reason i thought

1:16:21 ↗ the the highlands development agreement

1:16:23 ↗ expire

1:16:24 ↗ does it stay in place or

1:16:26 ↗ the highlands agreement has been

1:16:28 ↗ terminated as have

1:16:30 ↗ several of the agreements that are

1:16:32 ↗ listed there we just still have them

1:16:34 ↗ available on our website because

1:16:36 ↗ sometimes there's

1:16:38 ↗ uh parts of those that are relevant or

1:16:40 ↗ useful

1:16:42 ↗ okay so talus issaquah highlands um

1:16:46 ↗ the uh i think it's listed on there is

1:16:49 ↗ highlands tod and most of the wash dot

1:16:53 ↗ tdr development agreements have

1:16:55 ↗ been terminated or modified

1:16:59 ↗ great thank you

1:17:00 ↗ yeah

1:17:02 ↗ and yes that completes um

1:17:05 ↗ under regular business item b

1:17:08 ↗ okay we did have one

1:17:10 ↗ item the development commission get

1:17:12 ↗ acquainted

1:17:13 ↗ um we do have one new member with us

1:17:16 ↗ this evening um

1:17:18 ↗ it might be commissioner gilbert um we

1:17:21 ↗ know you joined us at the joint meeting

1:17:22 ↗ with the ppc but this is the first

1:17:26 ↗ meeting with the development commission

1:17:27 ↗ so we want to welcome you it might be

1:17:30 ↗ helpful for

1:17:31 ↗ commissioner gilbert just to maybe just

1:17:33 ↗ hear a few words from each of the uh

1:17:36 ↗ development commissioners uh maybe i

1:17:38 ↗ think she probably knows your name um

1:17:42 ↗ now but uh at least a little bit about

1:17:45 ↗ uh your

1:17:46 ↗ uh tenure with the commission and your

1:17:49 ↗ anything you want to share about your

1:17:50 ↗ background

1:17:54 ↗ so i'll just call on commission members

1:17:56 ↗ and i'll try to i'll just i'll go

1:17:58 ↗ randomly but i'll start with

1:17:59 ↗ commissioner morgan

1:18:03 ↗ all right thank you chair brandon

1:18:05 ↗ it's great to have another mel on the

1:18:07 ↗ commission obviously

1:18:10 ↗ um

1:18:11 ↗ i uh i um

1:18:13 ↗ have been a member of the commission

1:18:15 ↗ since 1995 uh so they have seen a lot of

1:18:19 ↗ changes take place in the city and it's

1:18:22 ↗ been an amazing um

1:18:24 ↗ journey i think and issaquah is very

1:18:27 ↗ unique i think in the fact that we allow

1:18:29 ↗ people like us to have input on what

1:18:31 ↗ goes on in the city my background was in

1:18:33 ↗ commercial real estate appraisal

1:18:35 ↗ and so it was a skill that i thought

1:18:37 ↗ might be helpful

1:18:39 ↗ um

1:18:40 ↗ with regard to real estate and

1:18:42 ↗ i'm just fine real estate kind of an

1:18:45 ↗ interesting thing which is probably a

1:18:46 ↗ geeky thing but

1:18:48 ↗ um

1:18:50 ↗ and and i have to say the staff does a

1:18:52 ↗ wonderful job i think helping us through

1:18:54 ↗ the whole process and all of this so

1:18:56 ↗ welcome to the commission ellen thank

1:18:58 ↗ you

1:18:59 ↗ um

1:19:00 ↗ vice chair price

1:19:03 ↗ hi thank you uh

1:19:05 ↗ welcome melanie thank you for joining us

1:19:08 ↗ you're going to have a lot of fun here

1:19:10 ↗ um

1:19:11 ↗ hi my name is kevin price as

1:19:14 ↗ you probably know by now i've been on

1:19:16 ↗ the commission since 2016 i believe

1:19:20 ↗ which seemed

1:19:21 ↗ like

1:19:22 ↗ yesterday it doesn't feel like it's been

1:19:24 ↗ that long

1:19:25 ↗ um

1:19:27 ↗ i'm an architect i design custom

1:19:28 ↗ residential homes um

1:19:31 ↗ mostly throughout the region

1:19:33 ↗ once in a great while i have an

1:19:34 ↗ opportunity to

1:19:36 ↗ do something outside the state

1:19:38 ↗ but that's rare

1:19:40 ↗ so again thank you and welcome and i

1:19:43 ↗ look forward to serving with you

1:19:47 ↗ commissioner

1:19:48 ↗ shore

1:19:50 ↗ hello and welcome

1:19:53 ↗ my name is brook shore i've been on the

1:19:55 ↗ commission for about three years now

1:19:58 ↗ and i'm a civil engineer working for a

1:20:01 ↗ general contractor in the area

1:20:06 ↗ uh commissioner dillon

1:20:11 ↗ hi i'm patty dillon um i just am

1:20:14 ↗ finishing my first year on the

1:20:16 ↗ commission so i remember this the same

1:20:19 ↗ meeting

1:20:20 ↗ last year and it feels a lot less

1:20:23 ↗ overwhelming at this point than it did

1:20:26 ↗ then so

1:20:27 ↗ a lot of

1:20:28 ↗ the staff really take care of us in

1:20:30 ↗ terms of providing the information that

1:20:32 ↗ we need and making sure that we're

1:20:34 ↗ remembering remembering the rules and

1:20:37 ↗ policies and staying on track

1:20:39 ↗ um i'm also a civil engineer i work for

1:20:41 ↗ a water resources consulting firm

1:20:44 ↗ and

1:20:45 ↗ have

1:20:46 ↗ a lot of interest in in our streams and

1:20:48 ↗ natural environment in this across so

1:20:50 ↗ bringing a little bit of a different

1:20:51 ↗ perspective to the development

1:20:52 ↗ commission

1:20:55 ↗ i'm sure sanford

1:20:57 ↗ hi my name is richard sanford i've been

1:20:59 ↗ on the commission for five years

1:21:01 ↗ and i recently re-upped i applied again

1:21:04 ↗ for some crazy reason this thing kind of

1:21:06 ↗ grows on you you'll find out

1:21:09 ↗ my professional background was in

1:21:11 ↗ technical communication and some project

1:21:13 ↗ management

1:21:14 ↗ mainly in tech and aviation so i had

1:21:16 ↗ nothing at all to do with background and

1:21:19 ↗ land use or anything like it so i

1:21:20 ↗ thought this would be a good thing to do

1:21:22 ↗ in retirement and i saw a little piece

1:21:24 ↗ on the slide there about hobbies

1:21:26 ↗ i write some fiction on the side and i'm

1:21:29 ↗ currently um

1:21:31 ↗ torturing myself trying to learn uh

1:21:34 ↗ finger picking on guitar which is

1:21:36 ↗ something i should have done in much

1:21:37 ↗ more age-appropriate time but that's the

1:21:39 ↗ way it is

1:21:43 ↗ so i guess that leaves me so um

1:21:46 ↗ welcome commissioner gilbert i'm mike

1:21:48 ↗ brennan currently serving as the chair

1:21:50 ↗ i've been on the commission for

1:21:53 ↗ over 10 years i've reacted a few times

1:21:55 ↗ along the way similar to a couple others

1:21:59 ↗ on the on the

1:22:00 ↗ meeting in the meeting this evening

1:22:02 ↗ i've been in public service for my

1:22:05 ↗ uh adult career so to speak i'm working

1:22:08 ↗ for county and

1:22:10 ↗ city in the puget sound area for the

1:22:12 ↗ last

1:22:13 ↗ 35 years i think a long time

1:22:17 ↗ in the development side in development

1:22:19 ↗ services so

1:22:20 ↗ involved in a lot of

1:22:22 ↗ development related activities land use

1:22:24 ↗ actions code date updates um

1:22:27 ↗ community outreach etc so um

1:22:30 ↗ uh kind of carry my day job into my

1:22:32 ↗ night job here

1:22:33 ↗ um and i really enjoy on the serving on

1:22:36 ↗ the commission and as has been said the

1:22:38 ↗ staff

1:22:38 ↗ are wonderful to work with if you have

1:22:41 ↗ questions or you wonder about anything

1:22:44 ↗ feel free to reach out to

1:22:45 ↗ to lucy or any of the other staff that

1:22:48 ↗ um come to commission meetings to

1:22:49 ↗ present or any of us

1:22:52 ↗ it's

1:22:52 ↗ uh not a problem to shoot an email out

1:22:55 ↗ to any of us if you have a question make

1:22:56 ↗ sure we're following the rules about but

1:22:59 ↗ uh we don't want to have a

1:23:01 ↗ serial meeting outside but when it just

1:23:04 ↗ comes to a simple question of one-on-one

1:23:06 ↗ um the email to somebody is is fine and

1:23:09 ↗ helpful even if it's like procedural

1:23:11 ↗ questions

1:23:12 ↗ um so uh

1:23:14 ↗ we wanna also hear maybe a little bit

1:23:16 ↗ about about you um

1:23:19 ↗ as our new commission member

1:23:21 ↗ thank you it's really nice

1:23:23 ↗ to meet all of you

1:23:25 ↗ um

1:23:25 ↗ well i'm an architect and i'm not

1:23:28 ↗ currently working i've taken some time

1:23:31 ↗ off from work and

1:23:33 ↗ i have young kids so i don't have a

1:23:35 ↗ whole lot of hobbies right now

1:23:38 ↗ so

1:23:38 ↗ um but

1:23:40 ↗ i've been in washington for five years

1:23:43 ↗ and i also studied historic preservation

1:23:46 ↗ and um

1:23:48 ↗ you know really just wanted to get

1:23:50 ↗ involved and keeping issaquah

1:23:52 ↗ uh a great place to live so it's really

1:23:55 ↗ nice to be here

1:23:58 ↗ great

1:23:59 ↗ it's great to have you

1:24:01 ↗ you'll you'll get the rhythm after we

1:24:03 ↗ get going here and i think once we get

1:24:04 ↗ back into in-person meetings it it's a

1:24:07 ↗ little easier to

1:24:09 ↗ connect and and kind of facilitate

1:24:12 ↗ things uh but i think we've done

1:24:15 ↗ great work and again a lot of help from

1:24:17 ↗ the staff um over the last two years in

1:24:19 ↗ the virtual environment but hopefully

1:24:21 ↗ soon we'll be back in person

1:24:24 ↗ so lucy do we have anything else um that

1:24:26 ↗ you had planned prior to the

1:24:30 ↗ election of officers

1:24:32 ↗ now okay so our next agenda topic is the

1:24:36 ↗ election of officers this generally

1:24:38 ↗ happens in may

1:24:40 ↗ um and then the people serving as the

1:24:43 ↗ chair and the vice chair

1:24:45 ↗ served for a year and then next year

1:24:48 ↗ around this time we'll be doing

1:24:50 ↗ elections once again

1:24:51 ↗ so the uh we'll use the following

1:24:53 ↗ process to elect the officers the chair

1:24:56 ↗ and the vice chair first i'll call for

1:24:58 ↗ nominations and when all the nominations

1:25:00 ↗ have been made

1:25:02 ↗ i'll close the nominations

1:25:04 ↗ if there is one just one nomination then

1:25:08 ↗ the members that member would be

1:25:09 ↗ considered elected by uh to deposition

1:25:13 ↗ by a unanimous consent of the commission

1:25:15 ↗ if we have multiple nominations

1:25:18 ↗ um commission members will are provided

1:25:20 ↗ an opportunity to discuss the nominees

1:25:23 ↗ i'll ask

1:25:24 ↗ commission members to cast votes on the

1:25:26 ↗ nominees in the order they were

1:25:28 ↗ nominated

1:25:29 ↗ by a roll call commission members may

1:25:32 ↗ vote for only one nominee per office and

1:25:35 ↗ may vote for may uh may vote for

1:25:37 ↗ themselves

1:25:39 ↗ the first commission member receiving a

1:25:41 ↗ majority vote is then declared the chair

1:25:44 ↗ so the process then we'll begin with uh

1:25:48 ↗ the chair and then we'll follow that

1:25:50 ↗ with the election of the vice chair um

1:25:53 ↗ so

1:25:54 ↗ uh we'll begin by are there any

1:25:57 ↗ nominations for the chair

1:26:00 ↗ let's just go ahead and unmute and uh

1:26:02 ↗ make a nomination if you'd like to

1:26:05 ↗ mr chair this is kevin price speaking

1:26:08 ↗ i would like to make a nomination for

1:26:10 ↗ richard sanford at the position of chair

1:26:15 ↗ thank you commissioner price

1:26:17 ↗ are there other nominations for chair

1:26:23 ↗ are there any other nominations for

1:26:25 ↗ chair

1:26:30 ↗ hearing none

1:26:32 ↗ commissioner sanford congratulations

1:26:34 ↗ you have been elected by consensus as

1:26:37 ↗ our

1:26:38 ↗ new chair so mr chair

1:26:40 ↗ i hand the gavel to you um to manage the

1:26:44 ↗ election of the vice chair

1:26:46 ↗ thank you i think mr former chair

1:26:50 ↗ okay uh then are there any nominations

1:26:53 ↗ for the vice chair

1:26:55 ↗ mr chair i would like to nominate brook

1:26:57 ↗ shaw as vice chair

1:27:01 ↗ are there any other nominations

1:27:04 ↗ any other nominations for vice chair

1:27:08 ↗ hearing none the nominations are closed

1:27:11 ↗ commissioner shore you've been elected

1:27:12 ↗ vice chair

1:27:14 ↗ through about this time next year

1:27:16 ↗ congratulations thanks hopefully you

1:27:18 ↗ always show up

1:27:22 ↗ then promise nothing

1:27:27 ↗ okay i guess we have

1:27:30 ↗ another item of business a couple of

1:27:33 ↗ more on our agenda tonight

1:27:35 ↗ um

1:27:38 ↗ director dollywall is director dollywall

1:27:40 ↗ president with any city council update

1:27:46 ↗ evening commissioners congratulations to

1:27:48 ↗ the new chair and vice chair and um

1:27:52 ↗ thank you for all the work you've done

1:27:54 ↗ on title 18 um that's moving through the

1:27:56 ↗ city council process so we've been going

1:27:58 ↗ and checking in with them after each

1:28:00 ↗ major topic area which you all haven't

1:28:03 ↗ been involved in the first two but

1:28:05 ↗ the uses and zoning and all those form

1:28:08 ↗ and intensity stuff will go to them

1:28:12 ↗ nothing more to report from council and

1:28:14 ↗ the other thing that they're working on

1:28:16 ↗ um

1:28:17 ↗ are code enforcement procedures

1:28:19 ↗ so uh we are taking that forward for

1:28:22 ↗ amendment and um

1:28:24 ↗ having a more process oriented update

1:28:27 ↗ where things are going to the hearing

1:28:29 ↗ examiner giving people due process

1:28:32 ↗ because having the code is one thing but

1:28:34 ↗ having good tools to enforce it is going

1:28:36 ↗ to be also critical so

1:28:38 ↗ um that's what's going on with city

1:28:41 ↗ council

1:28:43 ↗ yep

1:28:44 ↗ that's all i have

1:28:46 ↗ in terms of report

1:28:48 ↗ it was great to see all the process you

1:28:50 ↗ know all our discussion today for

1:28:52 ↗ resources one of the things i think

1:28:54 ↗ we've internally discussed that we

1:28:56 ↗ probably should uh get your feedback on

1:29:00 ↗ is the form you know once we get the new

1:29:02 ↗ title 18 code update and give you the

1:29:04 ↗ better tools for what's uh within your

1:29:06 ↗ purview what's the criteria that you're

1:29:08 ↗ looking at and all of that

1:29:11 ↗ but also staff report the way we format

1:29:13 ↗ it you know if we have it under findings

1:29:16 ↗ um

1:29:18 ↗ conclusions and recommendations then

1:29:20 ↗ we're not having to go back and recreate

1:29:22 ↗ a document that we have the chair sign

1:29:25 ↗ so that's something we're considering um

1:29:27 ↗ that the first report that you get you

1:29:29 ↗ get it in that format

1:29:31 ↗ and then if any changes that you all

1:29:33 ↗ make during your deliberations we

1:29:35 ↗ capture those through motions and that

1:29:38 ↗ are captured in the minutes to to

1:29:40 ↗ streamline the process a little bit to

1:29:42 ↗ not have too many meetings for you all

1:29:43 ↗ we want to be respectful of your time

1:29:46 ↗ but also scale of the project so some

1:29:48 ↗ some projects will obviously require

1:29:49 ↗ multiple hearings but but smaller ones

1:29:52 ↗ perhaps uh don't so so

1:29:55 ↗ so as we move forward with some of the

1:29:56 ↗ projects that you we bring forward we're

1:29:58 ↗ looking at the format of the staff

1:30:00 ↗ report and such

1:30:04 ↗ thank you director um lucy did you have

1:30:07 ↗ any other points on the schedule going

1:30:10 ↗ forward the calendar going forward you

1:30:11 ↗ mentioned it briefly in your

1:30:13 ↗ presentation but i wonder if you want to

1:30:14 ↗ go over the calendar

1:30:16 ↗ well it's really uh if the commissioners

1:30:19 ↗ have any questions uh your next

1:30:23 ↗ meeting is scheduled um may 12th

1:30:27 ↗ no that was the one we had last week um

1:30:31 ↗ may june 9th will be your next meeting

1:30:35 ↗ with the planning policy commission on

1:30:38 ↗ the building and site design

1:30:40 ↗ uh we anticipate releasing that bucket

1:30:43 ↗ um the beginning of next week

1:30:46 ↗ so you will have a couple of weeks to

1:30:48 ↗ review the content before the meeting

1:30:51 ↗ um are there any questions on schedule

1:30:57 ↗ okay

1:30:58 ↗ so uh one other announcement this is my

1:31:01 ↗ last

1:31:02 ↗ development commission meeting i am

1:31:04 ↗ leaving the city

1:31:06 ↗ at the

1:31:07 ↗ end of the month

1:31:09 ↗ i want to

1:31:11 ↗ thank you all

1:31:12 ↗ i have really enjoyed very very much

1:31:15 ↗ being the liaison for this commission

1:31:18 ↗ because you are a wonderfully engaged

1:31:21 ↗ group and it's really been a pleasure

1:31:24 ↗ to serve you

1:31:25 ↗ in that role

1:31:30 ↗ there any other comments or business

1:31:31 ↗ from the commission

1:31:33 ↗ commissioner brennan we can't let lucy

1:31:36 ↗ just no into the sunset i'm sorry there

1:31:39 ↗ will be no adjournment to this meeting

1:31:43 ↗ well we uh lucy wow well i'm not sure

1:31:46 ↗ what your where your journey's taking

1:31:47 ↗ you but

1:31:48 ↗ wherever that is um wish you you know

1:31:52 ↗ great fortune and

1:31:53 ↗ a great experience

1:31:55 ↗ it has been our pleasure my pleasure

1:31:57 ↗ working with you on the commission um

1:32:00 ↗ you're you're you've been fantastic i

1:32:02 ↗ mean the quality of your work and the

1:32:05 ↗ work of your staff that that you um

1:32:08 ↗ you know leading in the development

1:32:10 ↗ process here has been just really

1:32:12 ↗ exceptional so thanks for everything

1:32:14 ↗ you've done for us it's made our

1:32:16 ↗ lives much easier much much easier

1:32:19 ↗ thank you

1:32:21 ↗ we are going to miss you

1:32:23 ↗ commissioner morgan

1:32:25 ↗ um well first let me say

1:32:28 ↗ uh i don't want to say to get this out

1:32:29 ↗ of the way but i do want to say all a

1:32:32 ↗ great thank you to

1:32:33 ↗ uh commissioner brennan and commissioner

1:32:35 ↗ price for their service

1:32:37 ↗ um as chair and vice chair and then i

1:32:40 ↗ think especially for commissioner

1:32:43 ↗ brennan

1:32:44 ↗ in feeling our way through this virtual

1:32:47 ↗ reality of running meetings it's a very

1:32:50 ↗ different thing

1:32:52 ↗ not easy at all and he did an excellent

1:32:55 ↗ job of

1:32:56 ↗ making the process smooth in large part

1:32:59 ↗ due to lucy all the work that you've

1:33:00 ↗ done um

1:33:02 ↗ i i'm so bummed

1:33:04 ↗ um it has been so wonderful to work with

1:33:07 ↗ you

1:33:08 ↗ and i have to say i ask a lot of crazy

1:33:11 ↗ stupid questions and you always have

1:33:15 ↗ answers to them

1:33:17 ↗ i've always been amazed by that you've

1:33:19 ↗ done just an excellent job working with

1:33:20 ↗ us answering questions and meetings from

1:33:23 ↗ us and from the public and

1:33:25 ↗ and applicants you're just a

1:33:28 ↗ stellar person to what you do and you

1:33:30 ↗ will be greatly missed well thank you

1:33:33 ↗ it's very kind

1:33:36 ↗ commissioner sure

1:33:39 ↗ hi i just want to add thank you as well

1:33:41 ↗ um i had a lot of questions coming into

1:33:44 ↗ this and you're very helpful and

1:33:47 ↗ just i'm always surprised when you

1:33:48 ↗ answer my calls

1:33:52 ↗ but thank you very much

1:33:54 ↗ well and actually i think thank you

1:33:56 ↗ brooke and i would uh encourage everyone

1:33:59 ↗ including

1:34:01 ↗ our newest commissioners

1:34:05 ↗ commissioner shore did a great job she

1:34:07 ↗ would just send me emails with questions

1:34:09 ↗ um and uh

1:34:11 ↗ leading up to meetings to help her feel

1:34:13 ↗ confident and

1:34:15 ↗ clear about how something worked and

1:34:18 ↗ whether something was okay or not

1:34:20 ↗ and i really want to encourage all of

1:34:22 ↗ you with

1:34:23 ↗ whomever becomes the liaison to the

1:34:25 ↗ committee going forward

1:34:27 ↗ um to take advantage of that because we

1:34:30 ↗ really enjoy um answering all those fun

1:34:33 ↗ questions you throw our way

1:34:37 ↗ commissioner dylan

1:34:42 ↗ i'd just like to add my thank you as

1:34:44 ↗ well um i'm i'm really glad i got a

1:34:46 ↗ chance to meet you in person on our on

1:34:48 ↗ our little uh downtown tour um last last

1:34:52 ↗ fall and really appreciate all the the

1:34:54 ↗ materials and information that you've

1:34:56 ↗ provided and

1:34:57 ↗ it's it's really made it a much easier

1:35:00 ↗ process to

1:35:02 ↗ to feel engaged and part of the

1:35:04 ↗ committee just starting out

1:35:07 ↗ i'm glad

1:35:09 ↗ thank you

1:35:10 ↗ any other input or

1:35:12 ↗ discussion well i'd like to add that i

1:35:15 ↗ thought that i was only going to be

1:35:16 ↗ thanking commissioners brandon and price

1:35:18 ↗ tonight for the fantastic job last year

1:35:21 ↗ um

1:35:22 ↗ but lucy you know what a pro you are

1:35:25 ↗ how generous how gracious you've been

1:35:28 ↗ and i know that we all just sincerely

1:35:31 ↗ appreciate you and i hope just a

1:35:34 ↗ percentage of your knowledge is captured

1:35:37 ↗ in the department going forward because

1:35:39 ↗ we will certainly need it you'll be

1:35:40 ↗ impossible to replace thank you

1:35:43 ↗ well thank you

1:35:44 ↗ any other business before the commission

1:35:46 ↗ tonight

1:35:48 ↗ yeah

1:35:49 ↗ hearing on this meeting is adjourned at

1:35:51 ↗ 8 38.

1:35:53 ↗ thank you

1:36:00 ↗ you

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