1 00:00:06,220 --> 00:00:19,640 Well, it was seven o'clock on Wednesday, September 9th. All council members are present with Richard attending via Zoom. Do I have anybody that wants to offer prior pledge of allegiance? 2 00:00:21,910 --> 00:00:23,850 Thank you, Tyler. 3 00:00:26,180 --> 00:00:29,340 Are you having it followed or becoming authority as 4 00:00:29,340 --> 00:00:31,340 we are learning the Fairfield Time Council meeting. 5 00:00:32,260 --> 00:00:34,120 I would guidegroaning our hearts 6 00:00:34,120 --> 00:00:36,100 for theuter bless of life we live. 7 00:00:36,420 --> 00:00:38,640 We are grateful for the country 8 00:00:38,640 --> 00:00:41,040 we live in, the time to be part of 9 00:00:41,040 --> 00:00:42,420 and the beauty that surrounds us. 10 00:00:43,020 --> 00:00:44,940 We ask to the United as we discuss a very 11 00:00:44,940 --> 00:00:47,260 thing that we could be gathered 12 00:00:47,260 --> 00:00:49,340 at the decisions we make will be for the 13 00:00:50,100 --> 00:00:51,780 betterment of not only community now 14 00:00:51,780 --> 00:00:54,920 but the community, for a long time 15 00:00:54,920 --> 00:00:59,420 in the future. That was a work of God. This we pray in the name of Jesus Christ later. 16 00:00:59,820 --> 00:01:00,720 Thank you. 17 00:01:02,520 --> 00:01:09,300 Welcome to the entrance to the flag of the United States of America and to the republic for which 18 00:01:09,300 --> 00:01:15,820 it stands one nation under God in the physical liberty and justice for all. 19 00:01:16,200 --> 00:01:16,380 All 20 00:01:18,900 --> 00:01:20,820 right, moving on to reports and discussions. 21 00:01:22,860 --> 00:01:23,400 I'm 22 00:01:28,080 --> 00:01:34,760 going to ask you to stay with us in a closed session afterward to discuss something. 23 00:01:35,280 --> 00:01:39,100 So if you would like to leave that item off of your report. 24 00:01:41,800 --> 00:01:47,460 For the month of August, the stats, we have one accent with an injury. 25 00:01:47,460 --> 00:02:01,180 We have three animal complaints, two agency assists, two motor assists, three follow ups, one threatening, two of inspections, two welfare checks and 27 transfer stops. 26 00:02:01,620 --> 00:02:04,440 She's a busy little guy. 27 00:02:04,440 --> 00:02:18,180 Yeah, so I know there was information regarding some graffiti on the playground at Bay Contact with one of three suspects of that and I'll probably make another contact tonight with the number. 28 00:02:18,420 --> 00:02:20,680 So just try to figure out where that will go. 29 00:02:21,580 --> 00:02:21,960 Okay. 30 00:02:22,240 --> 00:02:23,240 So we're working on that case. 31 00:02:23,460 --> 00:02:23,940 Thank you. 32 00:02:24,080 --> 00:02:24,280 Cool. 33 00:02:24,660 --> 00:02:25,720 Thank you. 34 00:02:26,140 --> 00:02:27,260 Number two, Wayne. 35 00:02:29,860 --> 00:02:34,300 Okay, thanks for having me, planning and zoning, because this front 36 00:02:34,300 --> 00:02:37,080 was a little short, we had to have two meetings this month already. 37 00:02:38,880 --> 00:02:43,640 But we got the court session done for the CUP and the public hearing done. 38 00:02:44,160 --> 00:02:45,280 There's only one on that. 39 00:02:47,380 --> 00:02:51,720 Preces for overdone that are have those treatments where we could change things, 40 00:02:51,960 --> 00:02:55,000 but you can treat that if you don't have it, you can find it. 41 00:02:56,000 --> 00:03:01,480 But we went through the CUB and recommended it with a positive recommendation. 42 00:03:03,040 --> 00:03:05,280 And that's all we have for tonight and Tony. 43 00:03:06,440 --> 00:03:07,100 Thank you. 44 00:03:10,830 --> 00:03:13,210 Next on the agenda is the mayor's report. 45 00:03:13,750 --> 00:03:14,830 Just a couple of things. 46 00:03:14,830 --> 00:03:15,970 I want to update you guys on. 47 00:03:17,090 --> 00:03:20,150 Saad should be laid in the park within two weeks. 48 00:03:20,690 --> 00:03:22,390 So I think it's looking really good. 49 00:03:22,390 --> 00:03:27,370 And as far as I'm aware, it stayed under budget for this portion of the week 50 00:03:27,370 --> 00:03:33,930 the park. It does look really good. It does look really good. Jared West have sent me an email with 51 00:03:34,990 --> 00:03:41,790 458 aprophy of water rights tonight that I would consider that to be at the preliminary stages 52 00:03:41,790 --> 00:03:47,810 for review for the gold mine development. I forwarded them to Eric Mell for his review and I'm 53 00:03:47,810 --> 00:03:53,250 horrible that they are adequate water rights for our area. So that will be good to get those 54 00:03:53,250 --> 00:03:56,210 was verified before he moves any further. 55 00:03:57,030 --> 00:04:02,050 We issued a TI permit for Garth Jacqueline today, for OBMB. 56 00:04:05,430 --> 00:04:09,790 He added on to his building and he's finishing a portion of the inside of it. 57 00:04:09,910 --> 00:04:14,150 I'm not sure exactly what he's wanting to do with that, but we issued that today. 58 00:04:14,430 --> 00:04:15,110 Down here? 59 00:04:15,490 --> 00:04:18,550 Yeah, down here is the green colored building. 60 00:04:18,550 --> 00:04:23,350 We issued a building permit for Ryan Levin last month. I just don't think I 61 00:04:23,350 --> 00:04:28,850 updated you guys on that and it's for his barn which is was it 20,000 square 62 00:04:28,850 --> 00:04:36,350 feet or a chance. So it's pretty big building an indoor arena so we're glad to 63 00:04:36,350 --> 00:04:42,530 have him doing business in Kirkville. We are already over the anticipated 64 00:04:42,530 --> 00:04:48,170 amount for building permits this year so within two miles we've issued that 65 00:04:48,170 --> 00:04:52,170 many so we will have to read adjust that part of the budget at some point. 66 00:04:53,570 --> 00:05:00,710 The Roadmasters Plan is moving along. I had a meeting with them. Well, me and RL 67 00:05:00,710 --> 00:05:05,310 and Cody met with them what two weeks ago and discussed some of our issues and 68 00:05:05,310 --> 00:05:09,590 then I met with them again last Thursday to get the counters on the road and so 69 00:05:09,590 --> 00:05:12,510 we have counters going in right here on Main Street. 70 00:05:14,790 --> 00:05:23,670 Yeah, it's in and then we have one going to the south of Ellen's Ranch Road. We have one going south on Ellen's Ranch Road. 71 00:05:24,010 --> 00:05:29,510 I believe two there so we can capture how many semis are going past North Point landfill. 72 00:05:30,010 --> 00:05:35,410 And then we have one going up on the north side of Fairfield right as you enter into Fairfield's property. 73 00:05:35,410 --> 00:05:41,890 and then we're actually having them when having them do one on Polk Canyon Boulevard so we can see how many 74 00:05:41,890 --> 00:05:47,990 semis are running down that road because that will give us a good indication of when the gold mine 75 00:05:47,990 --> 00:05:52,230 development goes in and they put in that nine forty north that goes back to the data centers. I think 76 00:05:52,230 --> 00:05:57,890 that will be a good indicator of how much traffic we can anticipate there. So we did use one of our 77 00:05:57,890 --> 00:06:04,130 counters for Polline and then I believe Cedar Fort is doing one to the north of Polline where they 78 00:06:04,130 --> 00:06:07,950 are today? Did you? Yeah, they were there. They're there this morning. Okay. 79 00:06:08,210 --> 00:06:12,710 Actually, this morning. This morning? They were there at 3.30 in the morning. 80 00:06:13,070 --> 00:06:16,930 Huh, so they must have yesterday. Yeah, the errors was in. The one 81 00:06:16,930 --> 00:06:22,490 that's outside the town and then the one for the north was in also. So I wasn't 82 00:06:22,490 --> 00:06:26,950 expecting them to get going on it that quick, but that's good. So that will give us some 83 00:06:26,950 --> 00:06:31,110 good indication of how many semis are actually coming out here. Is it just counting 84 00:06:31,110 --> 00:06:34,270 cars and semis? Is it doing how to eat everything? Everything. 85 00:06:34,550 --> 00:06:36,410 The speed to be able to track what? 86 00:06:36,690 --> 00:06:37,050 Uh-huh. 87 00:06:37,590 --> 00:06:38,790 Commitability, atmosphere, vehicles? 88 00:06:39,130 --> 00:06:39,350 Yes. 89 00:06:40,710 --> 00:06:42,030 Vehicle speeds everything. 90 00:06:42,290 --> 00:06:43,950 So I think it will be really good to see what. 91 00:06:44,330 --> 00:06:47,090 I bet we're going to all be blown away by the traffic that's out here. 92 00:06:48,010 --> 00:06:52,090 I mean, I think we know it's a lot, but I think that that will be pretty significant. 93 00:06:53,150 --> 00:06:57,230 So anyway, that's all for me that I can think of. 94 00:06:57,390 --> 00:06:58,150 It's been a busy month. 95 00:06:58,150 --> 00:07:02,430 And there's just a lot of moving parts with the gold mine development. 96 00:07:02,810 --> 00:07:07,830 They're, I feel like they're working with us pretty well and keeping us updated with 97 00:07:07,830 --> 00:07:08,130 things. 98 00:07:09,130 --> 00:07:10,770 And they're working with planning commission. 99 00:07:10,990 --> 00:07:14,350 He came in last, last month and did an update. 100 00:07:14,910 --> 00:07:23,490 Yeah, he was online last, not yesterday, but the Wednesday prior, and he kind of, they backed 101 00:07:23,490 --> 00:07:27,290 off a little bit and pushed me to be hard to get some stuff through, they backed off a little 102 00:07:27,290 --> 00:07:32,210 they're trying to work some things out whatever life is. So he said, I'll be back him up too. 103 00:07:32,630 --> 00:07:38,390 I think their project is family and so they're almost there. They've got things worked out 104 00:07:38,390 --> 00:07:46,670 and then it's big and it's just growing. Yeah. To what of what? All, I mean, not in detail, but 105 00:07:47,310 --> 00:07:53,870 area of gold, gold mines or gold mines, or gold mines, where, what development, 106 00:07:58,230 --> 00:08:06,970 Yeah, I don't know if they're calling the whole thing gold mine or what they're doing at the day they are. I think they are fairfield project gold mine. 107 00:08:12,650 --> 00:08:18,970 So maybe broad you know that if they're calling the whole thing gold mine or if it is. 108 00:08:19,710 --> 00:08:21,190 just a portion of that. 109 00:08:22,730 --> 00:08:31,770 My recollection is that the portion that's called gold mine is stuff that we've seen 110 00:08:31,770 --> 00:08:33,610 on the map that they've shared with us. 111 00:08:33,810 --> 00:08:42,030 I don't know if they could be whatever stuff that they're thinking about might be included in that too, 112 00:08:42,310 --> 00:08:48,470 but my recollection was that in the gold mine specific document that they share a list of draft form, 113 00:08:48,470 --> 00:08:54,070 I think that was related to just to the residential debt. 114 00:08:56,140 --> 00:08:59,040 So, unclear it might be, it might be all implicit, 115 00:08:59,220 --> 00:09:02,040 it might just be the residential stuff. 116 00:09:02,040 --> 00:09:05,380 But the draft that we've seen from them so far, 117 00:09:05,620 --> 00:09:08,560 and Jim has seen it, I've seen it, and Mayor's seen it. 118 00:09:09,640 --> 00:09:15,180 They're not ready to present it yet, so we don't have it. 119 00:09:15,640 --> 00:09:18,360 It's not ours, it's theirs, so they could give it, 120 00:09:18,360 --> 00:09:21,760 It would be given in some additional feedback on it, but it's not. 121 00:09:23,220 --> 00:09:29,760 I do the last class I heard they were going partners and asking them for their input on it. 122 00:09:30,600 --> 00:09:36,480 But I think both the commercial and the residential portion have been labeled gold mine of the packets that we've seen. 123 00:09:37,300 --> 00:09:45,940 So I think that's true, yeah, just a little bit of a gold mine, I have idea what we're talking about. 124 00:09:45,940 --> 00:09:52,040 Yeah, so okay, I do not have anything else. Is there any general public comment? 125 00:09:55,120 --> 00:09:55,460 Anybody? 126 00:09:56,720 --> 00:09:59,460 Not seeing any wheel move on to the consent items 127 00:10:02,120 --> 00:10:07,760 Stephanie, I had a couple I had a comment that I had just recently did you get that fixed? 128 00:10:08,620 --> 00:10:10,420 You got both of them fixed. Okay 129 00:10:11,720 --> 00:10:14,080 Looking for a motion to approve the consent items 130 00:10:14,920 --> 00:10:17,160 So I have one thing on that 131 00:10:17,160 --> 00:10:22,960 that on the minus, that is just more of a critical thing. 132 00:10:23,820 --> 00:10:27,480 On paragraph, it goes to Attorney Christophson. 133 00:10:27,760 --> 00:10:29,360 Then in the next paragraph, it says, 134 00:10:29,460 --> 00:10:32,860 Brad Christophson is so long as they're consistent 135 00:10:32,860 --> 00:10:33,880 throughout the document. 136 00:10:34,300 --> 00:10:35,700 Yeah, consistency is good. 137 00:10:35,800 --> 00:10:36,580 Which one was that? 138 00:10:36,860 --> 00:10:37,420 Or do you know? 139 00:10:38,400 --> 00:10:39,740 I'd have to look back through this. 140 00:10:40,020 --> 00:10:40,620 Thank you so much. 141 00:11:02,680 --> 00:11:07,660 You've got it on close to public areas. 142 00:11:09,140 --> 00:11:14,120 Well, I'm showing two of three, or I'm showing three of them. 143 00:11:14,320 --> 00:11:15,320 Yeah, page 13. 144 00:11:30,520 --> 00:11:32,840 They all say attorney Brad Christopherson. 145 00:11:33,800 --> 00:11:36,940 Oh, there's all page six just says attorney Christopherson. 146 00:11:37,140 --> 00:11:37,320 Yeah. 147 00:11:38,380 --> 00:11:39,880 And they're sorry, page seven. 148 00:11:47,180 --> 00:11:48,420 There's a twice missing barrier. 149 00:11:49,060 --> 00:11:49,240 It 150 00:11:56,210 --> 00:11:59,250 starts a sentence with Christopherson also noted. 151 00:11:59,510 --> 00:12:00,370 Yeah, page seven. 152 00:12:00,530 --> 00:12:01,310 Let's see that out. 153 00:12:01,790 --> 00:12:01,910 I 154 00:12:25,300 --> 00:12:27,640 fixed the one that was above page seven. 155 00:12:27,640 --> 00:12:28,580 Any 156 00:12:39,210 --> 00:12:40,590 other questions? 157 00:12:44,350 --> 00:12:46,270 I'm looking for you. Motion, please. 158 00:12:47,610 --> 00:12:48,650 Motion approved. 159 00:12:49,030 --> 00:12:50,250 All in 160 00:12:52,650 --> 00:12:52,830 favor? 161 00:12:54,170 --> 00:12:54,510 Collier? 162 00:12:56,310 --> 00:12:56,690 Collier? 163 00:13:02,020 --> 00:13:03,260 All right. Business items. 164 00:13:05,000 --> 00:13:09,980 Ordnance, number 2026-10. Conditional use permit. Procedures and standards. 165 00:13:11,140 --> 00:13:16,280 Staff review. We have Jim Spung here to give us the staff review. 166 00:13:16,840 --> 00:13:17,960 Jim, the time is yours. 167 00:13:19,520 --> 00:13:20,080 All right. 168 00:13:20,340 --> 00:13:20,700 Thank you. 169 00:13:20,860 --> 00:13:21,720 Mayor, hello council. 170 00:13:22,280 --> 00:13:23,060 Can you see the slides? 171 00:13:23,280 --> 00:13:23,400 Okay. 172 00:13:23,860 --> 00:13:24,000 I 173 00:13:35,940 --> 00:13:37,360 think it's technical on our end. 174 00:13:40,570 --> 00:13:42,530 Let me, let me try it again. 175 00:13:43,990 --> 00:13:45,950 Stephanie, do you have what's going on here? 176 00:13:53,140 --> 00:13:54,140 No, there you go. 177 00:13:54,140 --> 00:13:54,620 There it is. 178 00:13:54,700 --> 00:13:55,000 Thank you. 179 00:13:55,780 --> 00:13:56,180 Okay. 180 00:13:56,780 --> 00:13:57,180 Perfect. 181 00:13:57,780 --> 00:14:00,120 So Brad asked that I've only taken hours and eggs. 182 00:14:00,240 --> 00:14:02,080 I'll try to keep it to at least an hour. 183 00:14:02,520 --> 00:14:03,360 He can keep it. 184 00:14:03,360 --> 00:14:05,860 Okay, he's a little love of ours. 185 00:14:08,300 --> 00:14:10,960 You know what, I'll give him a great background. 186 00:14:11,200 --> 00:14:11,380 Yeah. 187 00:14:13,780 --> 00:14:18,720 I'll keep a pretty high level, but feel free to jump in with questions or if you need 188 00:14:18,720 --> 00:14:19,520 for the clarification. 189 00:14:19,960 --> 00:14:24,960 So to provide a little background, as you all know, the town passed the resolution in March 190 00:14:24,960 --> 00:14:29,540 of this year, placing a temporary moratorium on conditional use permit reviews. 191 00:14:30,100 --> 00:14:35,460 and really the intent there was to allow the town some time to update the CEP standards 192 00:14:35,460 --> 00:14:39,200 and procedures so they're more clear and consistent, legally defensible. 193 00:14:39,800 --> 00:14:42,280 So that's what we've been working on the last of a while. 194 00:14:43,880 --> 00:14:50,140 So after this ordinance, if the town council chooses to adopt it, the town would then resume 195 00:14:50,840 --> 00:14:54,300 processing condition use permits as they're submitted. 196 00:14:54,300 --> 00:14:58,160 So to start off, a little humor is always fun. 197 00:15:00,110 --> 00:15:28,710 This is pretty funny because it's true, and it's a little time-in-chief, but it's true that conditional uses are allowed, uses, but then you have to read 16 more pages of the code to really understand what that means. So, and I'll walk through what some of the changes are that we're proposing tonight. Just at a high level, this is a general outline of how the review process of work start to finish, and this is all outlined in the new draft. 198 00:15:28,710 --> 00:15:34,870 So, before an applicant would submit an application, they would meet with the staff myself and 199 00:15:35,470 --> 00:15:37,950 Paulie and whoever else would be involved in the review. 200 00:15:38,750 --> 00:15:44,710 Really just to get a high level overview of the process, what types of things they need to submit with their application, 201 00:15:44,910 --> 00:15:52,490 and they do submit fees that are associated, you know, things that you would want to know before you get into the application review process. 202 00:15:52,490 --> 00:15:55,450 because the second part is actually submitted the application. 203 00:15:56,590 --> 00:16:02,090 The second part is staff making sure that the application is complete before we actually 204 00:16:02,090 --> 00:16:03,210 send it out for review. 205 00:16:04,090 --> 00:16:09,730 The third step is distributing the information to the Fire Marshal to town staff. 206 00:16:10,330 --> 00:16:14,170 However, it is that would be a capture station over the decision. 207 00:16:14,870 --> 00:16:17,630 The fourth step is the public hearing of the Planning Commission. 208 00:16:17,630 --> 00:16:24,170 And then one change that this draft is proposing is it's shifting the final approval authority 209 00:16:24,170 --> 00:16:26,190 from the planning commission to the town council. 210 00:16:26,970 --> 00:16:30,950 So the planning commission would still have the public hearing and make a recommendation 211 00:16:30,950 --> 00:16:36,670 but the town council would then actually review the application and make the final determination 212 00:16:36,670 --> 00:16:40,290 on approval or not or what commissions would apply. 213 00:16:41,330 --> 00:16:47,010 And then the draft also clarifies issues with compliance where there's an appeal after a decision 214 00:16:47,010 --> 00:16:54,610 has been made. How about how that's handled? So these next couple of slides are just, you know, 215 00:16:54,910 --> 00:17:01,630 kind of all chronic lists of, you know, what's changing from the current code. So again, more 216 00:17:01,630 --> 00:17:09,810 clear requirements for an application. There is language in here requiring the town or allowing 217 00:17:09,810 --> 00:17:15,270 the town to require studies or any supporting information needed to evaluate a land use 218 00:17:16,010 --> 00:17:21,630 Again, shifts the review authority from the Climate Commission to the Council, clarifies 219 00:17:21,630 --> 00:17:27,070 that conditions have to be addressed any detrimental effects, and that's for the speed statute. 220 00:17:29,670 --> 00:17:35,370 In the outlines, how we can record the decision in the record so that it's very clear if 221 00:17:35,370 --> 00:17:40,230 both for the town and the applicant as to what the expectation is. We're shifting the expiration 222 00:17:40,230 --> 00:17:48,210 from 180 days to 12 months, which is more consistent with other municipalities and jurisdictions. 223 00:17:50,650 --> 00:17:55,890 The draft outlines, you know, how someone could modify an application that's already been submitted, 224 00:17:56,510 --> 00:18:01,470 clarifying that any minor modifications could be approved by the staff administratively, 225 00:18:01,830 --> 00:18:05,890 but anything they would have to go back through the process with both finding commission and council. 226 00:18:08,210 --> 00:18:11,590 There's some extension language in there for how someone can extend an approval. 227 00:18:11,590 --> 00:18:15,970 will more clear language regarding enforcement 228 00:18:15,970 --> 00:18:17,850 and if there are violations or issues 229 00:18:18,190 --> 00:18:21,790 and what the town, what tools are available for the town 230 00:18:23,210 --> 00:18:26,650 to enforce the code as well as some clarity on applicants 231 00:18:26,650 --> 00:18:28,410 and to know what the expectation is 232 00:18:28,410 --> 00:18:31,230 so that they're not getting a bit trouble down the road. 233 00:18:32,870 --> 00:18:36,650 We didn't eliminate the current standard in the code 234 00:18:36,650 --> 00:18:39,150 that would require any commissional use permit 235 00:18:39,150 --> 00:18:41,830 to be re-evaluated or renewed every five years. 236 00:18:42,950 --> 00:18:45,730 We thought that was a little cumbersome and it's not very common. 237 00:18:46,610 --> 00:18:50,470 So rather than having that BS standalone baseline rule, 238 00:18:53,380 --> 00:18:55,840 the draft says that if there's any issues or concerns, 239 00:18:56,660 --> 00:19:00,320 the town can bring back an application for review voluntarily 240 00:19:00,320 --> 00:19:04,680 or run it as needed basis, unless with fair-file heels. 241 00:19:05,640 --> 00:19:07,700 And then there are several updates to the definitions, 242 00:19:07,700 --> 00:19:12,160 just to help, you know, support what the new language says. 243 00:19:12,780 --> 00:19:16,080 So, that in a nutshell is to 244 00:19:25,780 --> 00:19:26,760 review in the past. 245 00:19:40,950 --> 00:19:42,110 The council be the 246 00:19:44,860 --> 00:19:48,780 annual decision maker. 247 00:19:50,560 --> 00:19:51,680 Not really, 248 00:19:55,650 --> 00:19:56,370 it's a small town, 249 00:19:58,740 --> 00:19:58,920 you know, 250 00:19:59,040 --> 00:20:01,100 ten applications every month that you're reviewing. 251 00:20:01,340 --> 00:20:03,280 So, I would say in most bigger cities, 252 00:20:03,900 --> 00:20:06,400 the planning commission would generally handle reviews. 253 00:20:06,400 --> 00:20:11,640 sometimes even the staff the director of planning would have the authority to review 254 00:20:11,640 --> 00:20:19,730 those. You may see a handful of applications annually having a town council 255 00:20:19,730 --> 00:20:23,830 review it isn't a burden and I and Mayor you could weigh in but 256 00:20:26,610 --> 00:20:27,450 the town council 257 00:20:27,450 --> 00:20:32,710 might walk the authority in just a second set of eyes conditional use 258 00:20:32,710 --> 00:20:37,610 applications that come through so Prada Mayor feel free to weigh in on what you 259 00:20:37,610 --> 00:20:47,020 think questions about this, May or May and June and because I would say it's more common 260 00:20:47,020 --> 00:20:53,440 for the smaller population towns to have the council be the decision maker. But yes, 261 00:20:53,440 --> 00:20:58,440 as soon as you get into, you know, you get into the 2500 people or more, you're quite a bit 262 00:20:58,440 --> 00:21:03,700 more commercial stuff. And you guys can always make a change. If we can make a change tonight, 263 00:21:03,700 --> 00:21:07,920 if you guys don't like this, but we can also make a change and revisit it. This becomes 264 00:21:07,920 --> 00:21:14,240 more of a burden than what we anticipated, but honestly, I don't know if this is going to be 265 00:21:15,960 --> 00:21:20,460 the initial reaction. This will not be a burden on you guys as this 266 00:21:20,460 --> 00:21:25,020 much more, but if it does, it becomes one, we can only see make a change. 267 00:21:32,790 --> 00:21:37,550 But I care, it's just, it sounded a little bit unique, and I don't know what we need. 268 00:21:38,290 --> 00:21:42,690 Final decision making on it, the planning commission is fully capable, and the staff, 269 00:21:42,690 --> 00:21:48,330 staff is reviewing a hand planning commission. I don't know what I see. I think they're really 270 00:21:48,330 --> 00:21:55,230 afraid. It's another set of eyes. I guess that's another set of eyes. And I feel like, you know, 271 00:21:55,330 --> 00:22:03,590 planning commission is mostly volunteer and they don't know that I don't know that they would feel 272 00:22:03,590 --> 00:22:10,890 comfortable approving a conditional use permit at this point. Well, you were certainly guided whoever 273 00:22:12,090 --> 00:22:18,070 on that process. One of the things, and you probably, if you've already had training 274 00:22:18,070 --> 00:22:23,430 on this, stopped me, but one of the things that is really, conditional use permits are 275 00:22:23,430 --> 00:22:28,930 one of the most litigated matters in land use right now in the state of Utah. So having 276 00:22:28,930 --> 00:22:35,450 extra civilized doesn't hurt, but the key on a conditional use permit, if you have something 277 00:22:35,450 --> 00:22:40,450 listed in your code, it says, this is additional use. That doesn't mean you can say no. 278 00:22:41,010 --> 00:22:43,150 It means you can have conditions. 279 00:22:43,910 --> 00:22:44,670 That's all of me. 280 00:22:44,810 --> 00:22:46,610 It doesn't mean you can ever come back and say, 281 00:22:46,750 --> 00:22:48,670 well, it's official use and we don't think 282 00:22:49,190 --> 00:22:50,490 that we want it right now. 283 00:22:50,650 --> 00:22:51,490 So we're going to deny it. 284 00:22:52,050 --> 00:22:54,410 The only chance that you have denied it 285 00:22:54,410 --> 00:22:58,910 is if we have identified a detrimental effect 286 00:22:59,470 --> 00:23:02,550 and we cannot apply a condition 287 00:23:02,550 --> 00:23:05,090 that will reasonably be 288 00:23:07,230 --> 00:23:08,150 detrimental effects 289 00:23:08,150 --> 00:23:09,030 of whatever it is. 290 00:23:09,030 --> 00:23:16,530 So let's say, let's say it's an incinerator of some sort, right? 291 00:23:17,090 --> 00:23:20,810 Some incinerator, some incinerator that somebody wants to bring and put one of the landfills, 292 00:23:21,250 --> 00:23:24,370 and they say, okay, we've got this garbage incinerator you want to bring. 293 00:23:24,850 --> 00:23:27,810 Or by the way, it produces large amounts of carbon monoxide. 294 00:23:29,030 --> 00:23:31,850 We're like, okay, we don't like that. 295 00:23:32,130 --> 00:23:33,130 How do we mitigate that? 296 00:23:33,450 --> 00:23:37,790 So anyway, we find there's some scientific thing we can put some appliance on 297 00:23:37,790 --> 00:23:39,430 or something to mitigate that or something. 298 00:23:39,430 --> 00:23:43,790 I mean, I'm not, this isn't scientific, I'm just pulling, you know, things out of 299 00:23:43,790 --> 00:23:44,050 a half. 300 00:23:44,810 --> 00:23:50,110 But if you can find a way that you might disagree with a detrimental effect, you can address 301 00:23:50,110 --> 00:23:56,830 it reasonably so to prevent, you know, damage to the health, safety and welfare of the town 302 00:23:56,830 --> 00:23:59,550 and residents, then you have to approve it. 303 00:23:59,750 --> 00:24:04,550 If you can't find anything to do that, that would be the basis for denying one of you identified 304 00:24:05,070 --> 00:24:07,570 some additional effect, and you can't put a condition on. 305 00:24:07,570 --> 00:24:13,170 So, the better way to look at it is ignition use is not something we can prevent. 306 00:24:13,510 --> 00:24:17,610 It's something we have for a group, but we're allowed to do conditions on as long as 307 00:24:17,610 --> 00:24:17,970 in recent. 308 00:24:22,570 --> 00:24:26,930 I think they might require, I think my whole thought behind it, because I think that it 309 00:24:26,930 --> 00:24:33,580 could be good either way, I think that it's going to require a little more time than what 310 00:24:33,580 --> 00:24:35,460 planning commission has to give to it. 311 00:24:36,680 --> 00:24:38,200 That's my whole thought behind it. 312 00:24:40,720 --> 00:24:47,240 Well, I think the commission is going to need to refer to us or not, so we'll get their 313 00:24:47,240 --> 00:24:48,100 intake on it. 314 00:24:48,520 --> 00:24:49,940 Yeah, so it's got to go off for the balance. 315 00:24:50,580 --> 00:24:50,760 Yeah. 316 00:24:51,060 --> 00:24:52,660 This is going through another process. 317 00:24:55,230 --> 00:24:59,770 Isn't there a comment in there, Jim, that if we don't decide it, it moves on just 318 00:25:02,650 --> 00:25:03,010 plain. 319 00:25:08,990 --> 00:25:09,490 Yeah, sorry. 320 00:25:09,910 --> 00:25:15,850 Isn't there a section in there that says that the planning commission sits on it or doesn't, 321 00:25:15,850 --> 00:25:20,110 You know, if you look at this and move it forward, it just moves forward. 322 00:25:23,300 --> 00:25:40,020 So it says in there that if there's a, if the motion fails or the commission can't reach a majority vote that it would still get passed along to the council with no recommendation, which I think is common for most any actions that would go to the council with the planning commission recommendation. 323 00:25:40,020 --> 00:25:40,920 So, 324 00:25:47,660 --> 00:25:55,400 I think it's our benefit, and we could change it later if it becomes for them soon to deal with it. 325 00:25:55,700 --> 00:25:55,800 Yeah. 326 00:25:56,600 --> 00:25:58,700 But whatever you guys think. 327 00:26:03,110 --> 00:26:03,670 Okay. 328 00:26:04,370 --> 00:26:11,110 Was anything else brought to your attention other than the appeals process that we need to work on immediately? 329 00:26:11,110 --> 00:26:11,850 I think 330 00:26:17,320 --> 00:26:29,100 that was the one thing that, I mean, we, I am working on getting the skills processes resolved for all of the code. 331 00:26:30,520 --> 00:26:40,820 So that we have a consistent skills process with anything that we're going to, the plan was to do it similarly to the, the business license appeals. 332 00:26:56,470 --> 00:27:02,470 So there was 333 00:27:06,410 --> 00:27:11,550 a public hearing last night and we had one public comment command. 334 00:27:12,130 --> 00:27:20,370 Most of it was complimentary and then there was some issues that was brought up but we addressed all of the planning commission addressed them. 335 00:27:20,370 --> 00:27:27,520 And they talked about them all, and I think that they were good comments that we considered 336 00:27:27,520 --> 00:27:35,460 in major recommendations on, so is there anything else? 337 00:27:38,750 --> 00:27:43,430 Oh, Jim, you did add something beyond the public hearing. 338 00:27:43,590 --> 00:27:49,070 Do you want to say what you added about the appeals process? 339 00:27:50,570 --> 00:27:53,490 Yeah, so the appeals school 340 00:27:57,780 --> 00:28:00,740 procedure for conditional uses were simply just directing 341 00:28:00,740 --> 00:28:03,680 readers to the appeals section of the code that's already existing. 342 00:28:03,880 --> 00:28:09,800 As Brad mentioned, he's working on some updates outside of this amendment, but we did 343 00:28:09,800 --> 00:28:18,600 clarify that any language that's conflicting with this new conditional use section, that 344 00:28:18,600 --> 00:28:24,360 this new section would govern if there's a discrepancy or a conflict, but that the appeals 345 00:28:24,360 --> 00:28:30,340 process is already outlined in the code would really be the foundational process that 346 00:28:30,340 --> 00:28:36,640 someone would go through. I guess one change from the current code is that the current 347 00:28:36,640 --> 00:28:42,820 code lists the town council as the appeal authority. And based on some recent state legislation, 348 00:28:43,500 --> 00:28:47,880 The town council can no longer be the appeal authority or an administrative matter. 349 00:28:48,660 --> 00:28:53,640 So that was a change that we had to make to be compliant with the Utah code. 350 00:28:54,740 --> 00:28:59,140 So like I said, rather than redrafting a whole separate appeals process, we're just pointing 351 00:28:59,140 --> 00:29:04,680 people to the appeals procedures you have in the code today. 352 00:29:05,160 --> 00:29:06,340 And that's referenced in the draft. 353 00:29:07,660 --> 00:29:08,100 Okay. 354 00:29:08,100 --> 00:29:12,560 So, you came up with a motion, right, out of that language? 355 00:29:16,930 --> 00:29:20,370 I'm into the Google Doc, the ordinance. 356 00:29:24,360 --> 00:29:25,360 I've got how to 357 00:29:39,720 --> 00:29:40,660 include that language. 358 00:29:40,860 --> 00:29:44,600 So it's just approving what is there as long as the council is okay with it. 359 00:29:47,090 --> 00:29:47,210 Okay. 360 00:29:47,930 --> 00:29:50,270 So you're fine with the language that's on the agenda. 361 00:29:50,270 --> 00:29:51,310 17 362 00:30:00,000 --> 00:30:06,080 So it's section, I'm going to scroll up here and find the exact reference. 363 00:30:08,660 --> 00:30:12,080 Let's see, so it's under 364 00:30:14,220 --> 00:30:15,340 letter 365 00:30:20,820 --> 00:30:21,880 seven. 366 00:30:24,080 --> 00:30:33,840 It just says if it conflict exists between this section and any other code provision related to appeals, this section shall control. Which is adding that sentence. 367 00:30:36,240 --> 00:30:38,460 So do we need to add that sentence in the motion? 368 00:30:53,100 --> 00:30:58,900 So that would change from yesterday, the planning commission didn't have that much in there, but if motion 369 00:31:01,050 --> 00:31:04,190 needs to be different, we were adopting the 370 00:31:06,680 --> 00:31:11,340 CUP process as presented by staff, and that's what was presented by staff here tonight. 371 00:31:12,820 --> 00:31:14,600 The motions would be any different. 372 00:31:14,980 --> 00:31:15,560 Yes, you're right. 373 00:31:18,960 --> 00:31:21,240 Right at the very top of 17. 374 00:31:22,560 --> 00:31:24,380 But it doesn't mean you can say that is what we're going to be doing. 375 00:31:24,380 --> 00:31:27,440 No, but I'm just telling you that's what was added today is what that is. 376 00:31:27,760 --> 00:31:29,320 All right, I'm looking for a motion, please. 377 00:31:30,420 --> 00:31:31,560 There's no more discussion on that. 378 00:31:32,700 --> 00:31:37,300 The motion to be adopted ordinance number two zero two six dash one zero. 379 00:31:38,420 --> 00:31:44,420 Which is a many fairfield code one to four dot one eight through one to four dot one eighty eight. 380 00:31:45,040 --> 00:31:48,480 Related to initially use permit procedures and standards. 381 00:32:02,740 --> 00:32:03,140 I 382 00:32:06,340 --> 00:32:11,900 have one random question for everyone before we go to the post session. 383 00:32:12,120 --> 00:32:13,520 Have you guys got a contest? 384 00:32:14,380 --> 00:32:14,920 Do you like it? 385 00:32:15,580 --> 00:32:15,780 Yeah. 386 00:32:16,100 --> 00:32:17,020 I'm wondering about that. 387 00:32:17,140 --> 00:32:18,880 I'm probably going to switch to their phone. 388 00:32:19,040 --> 00:32:19,500 That was fine. 389 00:32:19,720 --> 00:32:22,280 Is that the same as the Verizon towers? 390 00:32:22,740 --> 00:32:23,080 Mm-hmm. 391 00:32:23,120 --> 00:32:23,860 And way cheaper. 392 00:32:24,180 --> 00:32:24,940 That's what you told me. 393 00:32:24,940 --> 00:32:28,420 and the money you save on your phone 394 00:32:28,920 --> 00:32:31,280 more than makes up for what it costs you on your phone. 395 00:32:31,280 --> 00:32:32,340 But I don't think we've even done that. 396 00:32:32,640 --> 00:32:35,000 At the internet, he told me you guys 397 00:32:35,000 --> 00:32:37,100 always love anybody, but yeah. 398 00:32:37,620 --> 00:32:40,640 Oh, you know, I haven't had any problems, 399 00:32:40,920 --> 00:32:43,120 but something to consider Brett told me 400 00:32:43,120 --> 00:32:45,800 that Silver Lake will be going bankrupt within six months. 401 00:32:46,160 --> 00:32:48,620 So he was holding off until everybody 402 00:32:48,620 --> 00:32:50,140 had something to switch over to. 403 00:32:55,020 --> 00:33:02,580 Yeah, we're doing an online school for me, it's got to be good, so we're, we're, we're 404 00:33:02,580 --> 00:33:03,100 the process. 405 00:33:04,500 --> 00:33:06,920 So it'd be interesting to see how their bond works. 406 00:33:07,260 --> 00:33:08,600 I'm probably switching next week. 407 00:33:08,900 --> 00:33:09,360 Let me know. 408 00:33:09,700 --> 00:33:12,580 It's, it's, it's everything bright, because they've got the same coverage. 409 00:33:12,980 --> 00:33:18,780 They provide five or two varieties of towers, so if you have a horizon, it's, it's your 410 00:33:18,780 --> 00:33:22,820 a rise of service to no brain or throw in a lot less money, a lot less money. 411 00:33:23,020 --> 00:33:28,120 I didn't have good luck with rise and service, but I don't know if it's just me or what, 412 00:33:28,640 --> 00:33:30,480 but it got really expensive too. 413 00:33:30,480 --> 00:33:35,480 I don't think it used to be, for sure, in rural areas, but next up, I'm going to deep it out 414 00:33:35,480 --> 00:33:36,620 by showing you. 415 00:33:36,780 --> 00:33:37,520 Deep it out. 416 00:33:38,340 --> 00:33:43,740 We switched and we have a lot of gamers at my house, and it's been great. 417 00:33:44,360 --> 00:33:45,060 Some boys are happy. 418 00:33:45,060 --> 00:33:48,120 for $5.00 a month for five years, 419 00:33:48,180 --> 00:33:50,900 like $15.00 in for five years. 420 00:33:51,160 --> 00:33:53,780 Yeah, it has been good. 421 00:33:54,520 --> 00:33:57,520 But everybody should start the process of switching 422 00:33:57,520 --> 00:33:58,900 if they want to have internet, 423 00:33:59,220 --> 00:34:02,040 because it took Cody quite a while to get hooked up. 424 00:34:03,220 --> 00:34:05,220 So, we did it. 425 00:34:05,380 --> 00:34:06,320 They extended that. 426 00:34:06,880 --> 00:34:08,240 Then they write in a brand title. 427 00:34:11,850 --> 00:34:14,810 Say, I'll be free much because he's claiming bankruptcy. 428 00:34:15,230 --> 00:34:16,870 So I checked, I did actually have that 429 00:34:16,870 --> 00:34:23,550 on the agenda to discuss that contract. That's actually why I reached out to rat to see if you 430 00:34:23,550 --> 00:34:27,170 could come in here and update where that money went to and the improvements you made because I've 431 00:34:27,170 --> 00:34:32,310 heard people say that they weren't having the service that they thought they should. And he said, 432 00:34:32,310 --> 00:34:36,730 well, it doesn't matter anyway. So within the next six months, he's planning bankruptcy. So, 433 00:34:38,110 --> 00:34:42,270 that's where that conversation pretty much ended. I just said, I'm sorry to hear that. And 434 00:34:42,270 --> 00:34:44,970 I don't know. That's basically up. 435 00:34:46,930 --> 00:34:48,930 That's how it was working. I was too. 436 00:34:49,790 --> 00:34:51,710 We started doing homeschool on that. 437 00:34:52,910 --> 00:34:54,370 The camp, which is kind of thing. 438 00:34:57,500 --> 00:35:00,580 All right. Well, I'm looking for a motion to adjourn 439 00:35:00,580 --> 00:35:04,760 into a closed session and Michael. 440 00:35:06,480 --> 00:35:10,700 I'll make a motion that we temporarily recessed. 441 00:35:10,700 --> 00:35:23,420 Council meeting to go to their close meeting for the following purposes, discussion of the character professional competence of physical mental health and individual and strategy sessions to discuss, to discuss pending or reasonably in their dedication. 442 00:35:23,840 --> 00:35:25,080 Time is 735. 443 00:35:26,500 --> 00:35:27,620 Do I have a second? 444 00:35:27,900 --> 00:35:28,200 Second. 445 00:35:29,640 --> 00:35:30,540 All in favor? 446 00:35:31,380 --> 00:35:37,240 All right, 447 00:35:40,080 --> 00:35:40,080 yes. 448 00:35:40,080 --> 00:35:41,420 Officer Dutton to stay. 449 00:35:41,920 --> 00:35:45,060 And we will discuss the 450 00:35:45,060 --> 00:35:47,660 Okay, we're going to work on that first. 451 00:35:47,820 --> 00:35:49,540 The terms of the professional competence 452 00:35:49,540 --> 00:35:51,940 and physical mental health of individual first. 453 00:35:52,340 --> 00:35:53,400 And then we will ask him to leave. 454 00:35:53,740 --> 00:35:54,900 We'll ask them that. 455 00:35:55,500 --> 00:35:56,600 Yeah, how do you do that? 456 00:35:57,040 --> 00:35:57,180 Yes. 457 00:35:57,580 --> 00:35:58,940 How do you want to deal with, 458 00:35:58,960 --> 00:36:00,840 tell you if you look on here, right? 459 00:36:01,280 --> 00:36:01,780 There's a door. 460 00:36:02,100 --> 00:36:02,520 Where are we? 461 00:36:03,000 --> 00:36:05,500 We're going to have to take things, guys. 462 00:36:05,840 --> 00:36:06,420 Thank you, Jim. 463 00:36:07,120 --> 00:36:08,400 Oh, yes, thank you. 464 00:36:12,360 --> 00:36:14,860 I can't hear what Richard could 465 00:36:17,000 --> 00:36:19,900 be somehow different than on this for the close session. 466 00:36:20,920 --> 00:36:24,580 I'm able to lock it so nobody can get it. 467 00:36:24,780 --> 00:36:26,080 Yeah, but it's still the same recording. 468 00:36:26,480 --> 00:36:28,180 Not because I could turn off the recording. 469 00:36:28,680 --> 00:36:31,100 Please know this session recording has stopped. 470 00:36:31,780 --> 00:36:31,980 Okay. 471 00:36:32,460 --> 00:36:35,380 So are they, can maybe you guys still hear me without it being recorded? 472 00:36:37,100 --> 00:36:38,120 We can still hear you. 473 00:36:38,280 --> 00:36:38,520 Okay. 474 00:36:38,520 --> 00:36:46,040 So we have, so there's just the, okay, all right, so let's stop for the first part of this. 475 00:36:46,180 --> 00:36:50,980 Let's talk with the portion that the sheriff's here for and then, get up here. 476 00:36:51,440 --> 00:36:51,880 And then,