FRANKLIN COUNTY PLANNING AND ZONING 2 FRANKLIN COUNTY COMMISSION 3 FRANKLIN COUNTY GOVERNMENT CENTER 4 SECOND FLOOR COMMISSION CHAMBERS 5 400

Transcription

1 FRANKLIN COUNTY PLANNING AND ZONING 2 FRANKLIN COUNTY COMMISSION 3 FRANKLIN COUNTY GOVERNMENT CENTER 4 SECOND FLOOR COMMISSION CHAMBERS EAST LOCUST STREET 6 UNION, MISSOURI TRANSCRIPT OF PROCEEDINGS 10 PUBLIC HEARING 11 OCTOBER (Commencing at 11:08 a.m.) Reported by: 24 Patsy A. Hertweck, C. R. Midwest Litigation Services I N D E X 2 PROCEEDINGS PAGE 3 Call to Order and Roll Call 5 4 Reading of Hearing Procedures By Ms. Eagan 5 5 Approval of Minutes 6 6 (March 19, 2013 Meeting) 7 File No Planning and Zoning Department: 8 Presentation by Ms. Eagan 7 9 Witnesses: 10 Patricia Schuba Lloyd Klinedinet Eric Reichert Gerri Freidman Cathy Holloway Christine Alt Adjournment Certificate of Reporter

2 E X H I B I T S 2 IDENTIFICATION DESCRIPTION PAGE 3 Franklin County: 4 A Franklin County 2001 Unified Land Use Regulations 5 5 B Official Zoning Map 5 6 C Official Master Plan 5 7 D Case Files -- all Cases Heard (All exhibits, if any, were retained by the Commission, and will 10 not be attached hereto.) A P P E A R A N C E S 2 COMMISSION MEMBERS: 3 John Griesheimer, Chairman 4 Timothy Brinker, Commissioner 5 Michael Schatz, Commissioner 6 7 LEGAL COUNSEL AND STAFF: 8 Mark Vincent, Attorney 9 Ms. Scottie Eagan, Planning Director MIDWEST LITIGATION SERVICES: 12 By: Patsy A. Hertweck, C. R North Eleventh Street 14 St. Louis, Missouri (314)

3 P R O C E E D I N G S 2 (October 29, 2013) 3 CHAIRMAN GRIESHEIMER: We'll go ahead and 4 call this hearing to order. And again, we will -- there's still 5 copies at the desk if everybody doesn't have one. The amendments 6 -- the discussion today will be strictly on the proposed 7 amendments to Article So, Scottie, if you want to go ahead and start. 9 MS. EAGAN: First I'll start with the 10 hearing procedures. 11 At this time, I would like to place into the record 12 the Franklin County Unified Land Use Regulations of 2001 as 13 Exhibit A, the official Zoning Map as Exhibit B, the official 14 Master Plan as Exhibit C, and the case file for each case as 15 Exhibit D for all of the cases to be heard at this hearing. 16 (Thereupon, evidence was marked 17 for identification and submitted for the record 18 as Exhibits A, B, C, and D.) 19 As each case is opened, the staff report will first 20 be read by the Planning and Zoning Department, followed by the 21 Commissioners' questions. 22 Then if anyone in the audience would like to speak 23 or comment during the hearing, they must first print their name 24 on the sign-in sheet provided and then be sworn in. 25 When it is your turn to speak, you will come to the front of the room to address the Commission and only the 2 Commission, not anyone in the audience, with any questions or 3 comments. 4 Generally, the Applicant for the amendment is 5 allowed to speak first, followed by those in support and then 6 those opposed. The Applicant may speak again after comments from 7 the general public to address any questions or issues brought up 8 during the hearing. 9 At the conclusion of all questions, comments, and 10 discussion concerning each case, the public hearing for each case 11 will conclude. The decision will generally be made by Commission 12 order at a later date during the County Commission's regular 13 meeting time. 14 For those of you who typically come to the meetings, 15 the sign-in sheet is a little different because I forgot mine 16 downstairs. So all we need is your name and address. I don't 17 need your phone number or what you're here to talk about. 18 Okay. This is File from the Planning and 19 Zoning Department. 20 The Applicant is seeking to amend the 2001 Unified 21 Land Use Regulations of Franklin County. The proposal includes 22 amendments to Article 14 amendments. 23 Basically, what we did is -- the way Article 14 was 24 written, some of it was backwards and some of it was very 25 confusing for people to understand. The biggest change we did is 0007

4 1 the way Article 14 used to read is if anyone initiated an 2 amendment or rezoning, it would go to you guys, who would set a 3 public hearing and then send it to the Planning and Zoning 4 Commission for recommendations. 5 That's not how we'd done it in the past, and that's 6 not how it should be done. So the major change of Article 14 is 7 clarifying that to where if anyone initiates an amendment or 8 rezoning, whether it's county staff or the general public, it 9 will go to the Planning and Zoning first for their 10 recommendation, and then it will be sent to you guys for the 11 public hearing. 12 Other things we have changed, we kind of moved some 13 things around to make it easier to understand. For instance, the 14 criteria for amendment of zoning regulations, that used to be at 15 the end of the regulations. We thought that people should 16 probably know the criteria for the amendment before they actually 17 go through the process. So we moved that to the front. 18 We clarified what commission we were talking about. 19 So we either added County Commission or Planning and Zoning 20 Commission. 21 And then lastly, when it talks about the conclusion 22 of hearing, it used to say "County Commission action on 23 amendment," and it's just a lot of confusing wording. So we just 24 simplified that, that just "the County Commission will take such 25 action as necessary in the proposed order." And then we added an appeal section to let people 2 know that the appeal from the decision of the County Commission 3 shall be done in accordance with Missouri law. 4 CHAIRMAN GRIESHEIMER: Unless, Tim or 5 Mike, you got an objection, why don't you go ahead and read all 6 of the -- just go ahead and read the things that are going to be 7 made here in its entirety so everybody knows there is no 8 confusion, we're not muddling one thing with another, and just go 9 ahead and do that, do it that way. 10 MS. EAGAN: Do you just want me to read 11 the entire CHAIRMAN GRIESHEIMER: Yeah, MS. EAGAN: -- article? 14 CHAIRMAN GRIESHEIMER: -- if you would. I 15 would appreciate it. 16 MS. EAGAN: Okay. The first thing amended 17 in general hasn't been changed at all. It says, "Amendment to 18 the text of these regulations or the zoning map may be made in 19 accordance with the provisions of this Article." 20 The second one, "Criteria for Amendment of Zoning 21 Regulations or Modifications to the Zoning Map District" -- or 22 "the Zoning District Map," that used to be at the end of the 23 Code. We moved it up here. That says: 24 "Due to ever-changing conditions 25 which exist in Franklin County, it is hereby acknowledged that it will, from 2 time to time, be necessary to adopt

5 3 amendments to the Unified Land Use 4 Regulations of Franklin County. 5 Any such amendment must promote the 6 health, safety, morals, comfort and 7 general welfare of Franklin County by 8 preserving and protecting property and 9 building values by securing the most 10 economical use of land and facilitating 11 the adequate provision of public 12 improvements in accordance with the 13 Master Plan adopted by Franklin County." 14 Under "Initiation of Zoning Amendments" in Section 15 A, the only thing we changed is at the end of it, and I'll 16 explain it when we get there. It says: 17 "Whenever a request to amend these 18 regulations is initiated by the County 19 Commission, the Planning and Zoning 20 Commission, the Board of Adjustment, 21 and/or Planning and Zoning Department, 22 the County counselor, in consultation 23 with the Planning staff, shall draft 24 an appropriate ordinance and present 25 the order to the Planning and Zoning Commission for recommendations." 2 It used to say that we would draft the order and 3 present it to the County Commission to set a public hearing. 4 In letter B, it says: 5 "Any other person also may petition 6 to amend these regulations, but the 7 petition shall be filed with the Planning 8 and Zoning Department, and shall include 9 among the information deemed relevant by 10 the Planning director." 11 The only thing changed in that is that it used say 12 "any other person may also petition the County Commission," which 13 made Planning and Zoning feel like that they would submit their 14 application with your department instead of my department. So 15 they recommended we got rid of "the County Commission" there. 16 Number 1, we just say "a completed application." It 17 used to say the "name, address, and phone number of the 18 applicant." 19 We deleted what used to be Number 2, and it was a 20 description of land affected by the amendment if a change of 21 zoning district classification is proposed. So we deleted 2, and 22 we figured Number 2 that everybody else has kind of described 23 everything that we need, which is a description of the proposed 24 map change or a summary of the specific agenda of any proposed 25 change of the text of these regulations Then Number 3 is payment of all fees. 2 Under C, it says: 3 "Upon receipt of a petition, the 4 Planning director, if he or she believes

6 5 a proposed amendment has significant 6 merit and would benefit the general 7 public, shall forward the petition to 8 the Planning and Zoning Commission for 9 their recommendation." 10 And then a public hearing set in accordance with 11 these regulations. 12 That was changed from the previous one because we 13 used to send it to you guys first, but now we're sending it to 14 Planning and Zoning. 15 H'm, let's see. Okay. Then comes the "Planning and 16 Zoning Commission in Consideration of Proposed Amendment." It 17 says: 18 "The Planning Commission, through 19 a review process, shall consider any 20 proposed amendment to the Unified Land 21 Use Regulations or the Zoning Map and 22 make a recommendation to the County 23 Commission." 24 Again, it was all changed from the previous one 25 because it was backwards to where we won't see it until after you guys have a public hearing. 2 Next, comes the "County Commission Action on 3 Amendments." That used to say "hearing would require a notice." 4 So we at said: 5 "No order or recommendation that 6 amends any of the provisions of these 7 regulations may be adopted until a public 8 hearing has been held on such proposed 9 order or recommendation." 10 Number B: 11 "The planning staff shall publish 12 a notice of public hearing on any order that 13 amends the provisions of these regulations 14 in a newspaper having general circulation 15 in the area. The notice shall be published 16 at least 15 calendar days prior to the 17 public hearing." 18 The only thing we changed in that one is it used to 19 say the planning director publishes the notice, and we just 20 changed it to planning staff in case the planning director 21 doesn't do that. 22 Under C: 23 "With respect to map amendments, the 24 planning staff shall mail written notice of 25 the public hearing to the record owners for tax purposes of all properties whose 2 zoning classification is changed by the 3 proposed amendment as well as the owners 4 of all properties within 600 feet of 5 the property rezoned by the amendment." 6 And the only thing we changed in that is we changed

7 7 it from planning director to planning staff. 8 Under the letter D, it says, "The notice required by 9 this section shall..." 10 The only thing we deleted "or authorized." And so 11 shall include the shall: 12 "State the date, time, and place of 13 the public hearing. 14 "Summarize the nature and character 15 of the proposed change. 16 "If the proposed amendment involves 17 a change in zoning district classification, 18 reasonably identify the property whose 19 classification would be affected by the 20 amendment. 21 "State that a full text of the 22 amendment can be obtained from the Planning 23 and Zoning Department." 24 Let's see. Okay. And that was it. And then -- and 25 then we used to say "County Commission action on amendment," and we deleted that to now it just "conclusion of hearing." 2 It says, "At the conclusion of the public hearing on 3 a proposed amendment, the County Commission shall take such 4 action as necessary on the proposed order." 5 And then it used to -- obviously then was the 6 criteria for amendment, which we moved, and then it says 7 "protests to zoning district changes," we simplified that to just 8 say "appeal." And now it says, "Appeals from the decisions of 9 the County Commission shall be done in accordance with Missouri 10 law." 11 CHAIRMAN GRIESHEIMER: Scottie, if I could if I could make a suggestion. Like when I read these -- these 13 changes, it looks -- the way it's written -- and I'm not 14 criticizing. I want to make a suggestion. 15 The way it looks like to me that this is all there is no change. Okay. When you -- the next set of 17 regulations, the proposed changes, if you could, I mean, if we 18 could do it like we used to do it in the legislature, either put 19 bolder -- bolder text, I guess, on the proposed new wording and 20 either line-out the deletions or whatever, but just do it so we 21 can see what was deleted. Because I know if it's hard for us, 22 it's got to be hard for the general public. 23 If you could do that, that would make it easier for I think for me and for all of us to figure out what the 25 changes were. And so if you could do that without too much trouble. I know it's going to be more on paper, but -- 2 MS. EAGAN: I mean, that's fine. I have 3 if here if you guys want a copy of it. 4 CHAIRMAN GRIESHEIMER: Well, don't let's 5 do it now, but the next round. It would make it a little bit 6 easier so we understand what -- what changes have been proposed. 7 I guess what we will do next then, is there anyone 8 in the audience wishing to testify in favor of the proposed

8 9 changes in Article 14? Okay. Yes, ma'am? 10 MS. SCHUBA: Can I just ask a question? 11 CHAIRMAN GRIESHEIMER: Yeah, why don't you 12 come up because I think the -- are you going to want her sworn 13 in? 14 MS. REPORTER: I can do that. 15 CHAIRMAN GRIESHEIMER: What -- Ms. Court 16 Reporter, what do you want to do? 17 MS. REPORTER: If she's testifying MS. SCHUBA: Yeah, I think I'd want it on 19 the record. 20 CHAIRMAN GRIESHEIMER: Okay. 21 MS. REPORTER: That would be a good thing. 22 CHAIRMAN GRIESHEIMER: Okay. 23 (Thereupon, the witness was sworn.) 24 MS. REPORTER: State your name for me, 25 please MS. SCHUBA: My name is Patricia Schuba. 2 CHAIRMAN GRIESHEIMER: Turn your 3 microphone on there. Yeah, turn the little button towards -- 4 towards you. 5 MS. EAGAN: Yeah, just pull it up. 6 MS. SCHUBA: Okay. Good evening. 7 My name is Patricia Schuba, and that's S-C-H-U-B-A. 8 And I live in Labadie, Missouri. Sorry I'm just getting over a 9 cold. 10 (Off-the-record comments.) 11 Thank you first for having the hearing this morning 12 and listening to our comments, and I appreciate wanting to 13 streamline and clarify the amendments. And I also understand 14 that we're talking about Amendment 14 this morning. 15 In reading the decision, the only question that I 16 have maybe where it could be clarified more. So I'm looking at 17 Section C under the "Initiation of Zoning Amendments." It 18 indicates the changes will be forwarded -- the petition will be 19 forwarded to the Planning and Zoning Commission for its 20 recommendations, and then a public hearing set in accordance with 21 these regulations. 22 And I think, at a later point, it doesn't indicate 23 that the public will participate in those hearings, that there be 24 comments on the record on the first draft. And so I'm thinking 25 of how we proceed with changes in the County. It can take months, and so there's a lot of discussion about where something 2 goes or how far away it is from a property line or whatever. And 3 it might be that the public could interject earlier in that 4 process. 5 So does your understanding that that will still 6 happen at the Planning and Zoning level, or will that be at the 7 Commission level? 8 MS. EAGAN: No. The public hearing is at 9 the County Commission level, not at the Planning and Zoning 10 level.

9 11 MS. SCHUBA: Okay. Is there a reason that 12 we can't have hearings at the P and Z level? 13 MS. EAGAN: I mean, it's -- we typically 14 don't take any public comment at the Planning and Zoning level 15 because it's just their recommendation to the County Commission. 16 It's at the County Commission hearing when -- when they make the 17 final decision at the public hearing the public comments come 18 into play. 19 MS. SCHUBA: Right. So, Scottie, can you 20 explain to us how a petition would be refined, so actually if 21 someone comes to the County and says I want to do this on a 22 specific plot of land or I want a certain change in the 23 regulations so I can proceed with something? 24 MS. EAGAN: If somebody comes in for a 25 rezoning or an amendment to the Code, we put that on the Planning and Zoning agenda. And it would say, you know, File XXXX with 2 the name, and then it would say "no public comments allowed." 3 MS. SCHUBA: Right. 4 MS. EAGAN: And then at that meeting, we 5 would discuss it with the Planning and Zoning Commission. If it 6 is a rezoning, we do have the person petitioning the rezoning 7 there in case the Planning and Zoning Commissioners have any 8 questions for them. 9 At that point, the County -- or the Planning and 10 Zoning Commission makes their recommendation. We forward that to 11 the County Commission for them to set a hearing date, and then we 12 start it all over with notices to the public, put it in the paper 13 and everything like that. 14 MS. SCHUBA: Right. So during that 15 process, are you working with the applicant or the person who has 16 petitioned for this change, which might mean Planning and Zoning 17 or it could be an entity outside the government, comes to 18 government saying we want this zoning code changed? 19 MS. EAGAN: What do you mean work with 20 them? 21 MS. SCHUBA: Well, to refine the language, 22 because when you take it to Planning and Zoning, it will be in 23 the form of probably lengthy language. 24 MS. EAGAN: Not always. Typically with 25 amend- -- I mean, the only amendment request that I've dealt with, the first one was adding another zoning code -- or zoning 2 classification, and they just took what was there for RD2 and 3 they themselves changed that wording of what they wanted to add 4 and delete. 5 And then the second one was for adding the 6 classification Special Events Periodic", and we did, in 7 conjunction with the County counselor, work on definitions of 8 what the difference between the two could be. 9 And then the other amendment was for the landfill, 10 and we did work with the outside. I don't know ATTORNEY VINCENT: Everybody. 12 MS. EAGAN: -- to do that language, and

10 13 then Mark ended up drafting the actual Code. 14 MS. SCHUBA: Okay. And my understanding 15 when we went through that processes, we had two meetings at the P 16 and Z level, and then the public were able to speak there. 17 MS. EAGAN: We did that at the -- not a 18 special request, but the Planning and Zoning Commission asked 19 that we have a public hearing. 20 MS. SCHUBA: So that the Planning and 21 Zoning Commission could still request a special hearing? 22 MS. EAGAN: If -- if they felt it 23 necessary, it's something that we would consider, and I would 24 talk with the County Commission about it. 25 MS. SCHUBA: Right. So would that then come from P and Z, or would it come from the Commission, or 2 should that be in this new rewrite of the new regulation? 3 But there's an opportunity for that, because again, 4 what I'm saying is that you could have a lot of good input and 5 discussion at a level before it ever gets to being voted on, like 6 say on a Tuesday morning or no lengthy, lengthy hearings at the 7 Commission level that it might actually be advantageous to have 8 that discussion earlier in the process of refining that language. 9 That's the only thing I see when I read this. It's 10 nice and tight, but it could potentially say we're not going to 11 do that ever, and it may be like when we make substantive changes 12 to our county regulations or our zoning codes. That's about the 13 people, and it's across the whole county. So they should have 14 input into that process, I think, and I would hope the Commission 15 would consider that. 16 So I read that into Section C under "Initiation of 17 Zoning Amendments." 18 And then -- okay. "County Commission Action on 19 Amendments," Section A: "No order or recommendation of 20 amendments shall be adopted until a public hearing has been heard 21 on such proposed order or recommendation." 22 Again, that's clear, that whatever the language is 23 that you guys are going to vote on, the Commission is going to 24 vote on, is what has been before the public and they've had a 25 chance to comment on that. I think sometimes, you know, we read it and after this hearing there could be significant changes 2 made, and then the public doesn't have input into that. 3 So that's another thing I might somehow put in the 4 language, "the public sees the final draft and there must be a 5 hearing of that draft before it's voted on." 6 And I like your idea, John, of showing the language 7 where you strike it out. 8 CHAIRMAN GRIESHEIMER: It's a lot easier. 9 MS. SCHUBA: Yeah. So I'm going back and 10 forth between what I've seen as an original draft and the final 11 draft. And sometimes we see that when we walk into the room. So 12 having that information available in a range of technology, if 13 you can put that on-line, and people can do it in a different way 14 other than packing into a room and having a hearing, you can just

11 15 take comments for a period of time on-line. So there are many 16 ways to do that to include the public. 17 And then I look at Section D under "County 18 Commission Action on Amendments." Under those required by this 19 section shall, and I look at Number 2, summarize the nature and 20 character of the proposed change. How do you interpret that, 21 Scottie; what does that mean? 22 MS. EAGAN: I don't think I'm here to 23 answer your questions, but I will. 24 What we do is for rezoning, you know, we say they 25 want to change it from CD to AJ, they want to change it from RD to RD2. In terms of amendments, the ones where they wanted to 2 change or add a new zoning code, we said the applicant is 3 requesting to add an additional zoning code, RD1. And then we 4 say if you want a full text come to the office. If it's 5 something we initiate, we just give it, the summary is they -- 6 like we did with this one. And I'll read it to you all. 7 Said, "The applicant is seeking to amend the Unified Land Use Regulations of Franklin County. The proposal 9 includes amendments to Article 14." 10 So that's our summary, and then if you want the full 11 text of what we're actually proposing to change, you would come 12 to our office and get it. 13 MS. SCHUBA: Is there a way to describe 14 what Article 14 is? I think there was some confusion as to what 15 would be discussed at different times. 16 MS. EAGAN: Okay. It says an Article amendment, MS. SCHUBA: Right. 19 MS. EAGAN: -- and that's the title of the 20 Article. 21 MS. SCHUBA: Every -- citizens, farmers, 22 nurses, whatever, are not going to have access to this, know 23 where to look for it, and they usually can't come up here to the 24 government building to get a copy. And I know even for our 25 position, we know we go through backflips to get documents So I think if that is meaningful, it means that it 2 has to say what you're going to discuss, and it doesn't have to 3 be really long for the notice in the paper. It could just say we 4 are changing the zoning designation from agricultural to 5 non-urban. It could say that, and then people would say I want 6 to know more about that. And they'd call their commissioner or 7 they call you and get more information. 8 MS. EAGAN: Right. For your -- for your 9 example, it wouldn't work because there's more changes in that that section than just that. And for this one, I mean, I think 11 it was pretty straightforward that we're -- we're amending 12 Article 14 amendment, and that's what it is. If you want to 13 call, we give our phone number. 14 MS. SCHUBA: Right. In Article 14, you 15 could be changing how meetings are held, the degree of public 16 input, there was also a line that said there could be substantial

12 17 changes after the hearing. 18 MS. EAGAN: That's always been in there. 19 That's not a change. 20 MS. SCHUBA: But when I was proposing that 21 it not be in there because it's not clear, and the public doesn't 22 have input, and you wonder why people are concerned. That's why 23 they're concerned. So if you can be clear and forthright, just 24 say what you're working on and give an opportunity for the public 25 to give input MS. EAGAN: And I will say we do the best 2 we can for the space we have. 3 MS. SCHUBA: And I know that, yeah. I'm 4 just saying if you want public input to say how to make this 5 article better, I would make it fully available to the public. 6 Again, you can put that language on-line. You could 7 notice that in the paper. You could say the language is on-line 8 so for the nurse that works 12 hours a day and she sees the 9 notice 15 calendar days in advance, she can go on-line and read 10 what it is. Then it would be clear like, you know, John said John Griesheimer said, strike through the portions that you are 12 changing, show us what the new language is. 13 I think that would be very helpful. All right. 14 Thank you very much. Thanks for listening and taking down the 15 comments and considering them. That's the important part of why 16 we're all here. Thank you. 17 CHAIRMAN GRIESHEIMER: Thank you. 18 Is there anyone else in the audience -- and I'll 19 do -- why don't we do this. Again, is anybody in the audience 20 wish to testify in support of the regulation? 21 Gentleman in the back. Do you raise your hand in 22 support? 23 MR. KLINEDINET: It's a confirmation of 24 what Miss Schuba mentioned. 25 CHAIRMAN GRIESHEIMER: Why don't you just go ahead and come on up and sign in and be sworn in. 2 MR. KLINEDINET: Thank you. Lloyd 3 Klinedinet, 10 Dover Lane, Villa Ridge, Missouri. 4 (Thereupon, the witness was sworn.) 5 I too would encourage with all the improvements 6 you're making in electronic support and in communication to make 7 things clear as in your meetings with the voting and the items so 8 with your web presence, it would be very helpful to have had this 9 document that's on the table side by side with the existing, just 10 even on your front page as you have when you -- when you have 11 your commission agenda the day before the actual meeting. 12 So that would be very helpful because it took me a 13 little searching, and I did call Scottie, and she's helpful in 14 leading me to Article 14, and but then I would have had to come 15 in yesterday to look at that in preparation for today's meet. 16 So I just encourage you to continue the electronic 17 presence of the Franklin County Commission and government so that 18 the public is more understanding, and I think will be more

13 19 supportive when they -- when they're more afforded the full 20 presence. 21 CHAIRMAN GRIESHEIMER: We'll discuss it 22 with Scottie and try and figure out what to do there. And I'll 23 just tell you sometimes, as you know with computers, sometimes 24 they work good and sometimes they don't. So MR. KLINEDINET: Right CHAIRMAN GRIESHEIMER: But we'll continue 2 to try for you. 3 MS. EAGAN: And, John, to be correct, we 4 are working with the County clerk for my department to get that 5 Minute Track that the County Commission has. So once we do 6 switch over to that, our stuff will be -- it will kind of be laid 7 out like theirs is, to where you can pull it up and click on the 8 different links. That's what we're working towards right now. 9 MR. KLINEDINET: Thank you. 10 (Thereupon, the witness was sworn.) 11 MS. REPORTER: I need your name. 12 MR. REICHERT: I'm sorry? 13 MS. REPORTER: Your name, please. 14 MR. REICHERT: Oh, my name is Eric 15 Reichert. 16 Basically I guess I need to start out with is, 17 because since April the 25th of this year, there is a contention 18 that the Planning and Zoning Department and the County Commission 19 has, in fact, been violating Article 14, Section 321 and 322 of 20 the County Regulations, and said notarized notice of possible 21 violations has been filed with the municipal -- the prosecuting 22 attorney of the municipal court. And so far I have received no 23 answer from him whatsoever. 24 I just want that to be entered into the record. 25 Then as we get going -- let me get to my notes here, because I thought this was going to be something about something 2 else. I noticed one thing in here. 3 To start out with, this may be a little shotgunning, 4 but that's the way it goes. As it stands right now, because I 5 have the copies of the existing regulations and when we get down 6 to the proposed regulations and the Article 14 amendment initiate 7 a zoning request Article C, it says with the new language that if 8 the Planning director believes that the proposed changes has 9 merit, they will forward it. The existing language says that 10 whether or not they believe it has merit or not, it will be 11 forwarded to the committee. 12 So now we're taking -- we're taking and we're having 13 the Planning director make the decision of whether or not this 14 has any merit of basically based upon their decision, and it's 15 not up to the County Commission to decide where or not this will 16 have merit. 17 Also the language regulation as it exists now 18 basically is a checks-and-balances sort of arrangement, something 19 which, you know, we need to maintain because as it stands now a 20 request to amend goes to the County Commission. Then if the

14 21 County Commission thinks like there might be something good with 22 this, then it sends it back, and then it goes to the Planning and 23 Zonings Commission. But that's only after there has been a date 24 set for a public hearing. And the proposed amendments to the 25 Land Use Regulations have been going on since April the 26th, and there still is no -- this is the only thing I know of that's been 2 happening about this. All the rest of the hearings are 3 supposedly going to take place next year sometime after these 4 things get changed. 5 That violates our checks and balances, and that's 6 just -- that just is not right. I also take very umbrage in 7 existence with the language that is put in that. Any time a 8 hearing is held before the people that the people can express 9 their views, express all their desires for changes, express their 10 overall opinion that this thing should not be done, and then the 11 little phrase "substantial changes can be made after" it, and the 12 citizens have no more right to enter into this. So basically 13 outside of this. 14 I'm going to specifically ask by what law 15 specifically can we have a hearing and make substantial changes 16 to the hearing and then the citizens don't have any input into 17 it? 18 Is -- these regulations have been in place by 19 Sunshine Act. These regulations have been in place since at 20 least Nothing has ever happened in this until somebody 21 came up and finally questioned them and said I feel like you're 22 doing this wrong, and it all comes off, oh, this is just a draft. 23 We don't know anything about this. Oh, everything -- we don't 24 even know who drafted the regulation and everything. 25 I have placed a letter to the prosecuting attorney in the municipal court because it seems to me that entity should 2 have some responsibility for asking basically like, you know, two 3 questions. Does Article 14, Section 321 and 322 actually 4 conflict with State statutes? And if so, which State stature or 5 statutes does it violate? 6 And then second of all, can a county municipal 7 organi- or county municipal corporation enact regulations which 8 are more stringent than the State statute? 9 And I am basically waiting for the answers to those 10 two questions, because I do believe that the prosecuting attorney 11 of municipal court has an obligation since they are the entity 12 that handles alleged violations of Land Use Regulations, I do 13 believe they have some responsibility to answer those questions. 14 I do notice that in the new regulations under 15 "County Commission Action on Amendments" at B, it does say that 16 the notice shall be published at least 15 calendar days prior to 17 the newspaper. Candidly, I do not see that in the existing 18 regulations as we have them now, but obviously I believe that of 19 all the verbiage that's in here, that's basically the only one 20 that I see that is actually beneficial to the citizens of the 21 county. Everything else basically just works, once again, to 22 help the developers and everybody who wants to change everything.

15 23 And like I said, I take extreme umbrage over the 24 fact that if I go and I request a change to the Land Use 25 Regulations, that, according to these new amendments, the Planning director can just summarily, say no, we're not going to 2 go forward. At least with the smoke and mirrors that we have 3 now, it would be transmitted to the County Commission who, 4 according to this, can summarily deny the petition. It's 5 actually a little bit of improvement there. 6 But once again, this is for checks and balances. So 7 we have oversight, accountability, and the concept that we're 8 going to change Article 14 here and now so that we will justify 9 all the Article 14 violations we've had since April is very 10 suspect. 11 Thank you very much. 12 CHAIRMAN GRIESHEIMER: Anyone else in the 13 audience wish to testify -- well, we're kind of going off the 14 beaten path here, but to testify in support of the regulations? 15 Seeing none Well, why don't we do this. Unless you're in 17 support, why don't we -- why don't I do opposition, and then just 18 for general purposes only or something like that. How's that? 19 Unless you want to testify in support. Why don't we do that. 20 Is there anyone in the audience wish to testify in 21 opposition to proposed changes in the amendments? Okay. 22 MS. FREIDMAN: I have a question first. 23 CHAIRMAN GRIESHEIMER: Okay. 24 MS. FREIDMAN: Do you want me to go ahead 25 and sign in? CHAIRMAN GRIESHEIMER: Yeah, if you would 2 because she's going to want that in the -- 3 (Thereupon, the witness was sworn.) 4 MS. FREIDMAN: Thank you for opening the 5 floor to us today. And to be honest, overall I think that the 6 changes are well intended and warranted. So in that sense I do 7 support making changes. And I just want to emphasize I'm very 8 much in agreement with Patricia's suggestions. I think they're 9 important recommendations. It's important to include the public 10 at every possible opportunity. So hopefully you'll take her 11 suggestions to heart, and I won't bother to repeat them. 12 But I also -- and here's my question. I'm not sure 13 if this is supportive or critical. What I want to do is offer 14 some additional suggestions that I think will strengthen what 15 you're trying to do. So shall I proceed? 16 CHAIRMAN GRIESHEIMER: Yeah, go ahead 17 since you're there. 18 MS. FREIDMAN: Okay. Thank you. 19 A big part of it is in how you go about noticing the 20 public. In many areas, the public notice in the newspaper is 21 given both at 15 days and at 7 days, and it certainly should 22 indicate the nature of a hearing. The public can't just be told, 23 you know, there's going to be a public hearing on, for instance 24 in this case, Article 14 when the public has no way of defining

16 25 Article So in as few words as possible, a description of 2 what the content of the hearing is going to be I think is 3 absolutely necessary. And if it's at all possible to do it both 4 at the 15 and 7 day intervals, again that would be very helpful. 5 But in addition to newspaper notice -- maybe it is 6 difficult to do in urban -- in rural settings, certainly it's 7 done in urban settings where you find a telephone pole and you 8 put up a copy noted as you've suggested, Mr. Griesheimer, with, 9 you know, changes are going to be made, what was originally, what 10 is the new. But it's stuck up on a telephone pole or a tree or 11 someone's -- if it's an empty building, the front door or -- the 12 actual document is posted in the area that's going to be affected 13 by those changes. And I think that's very important. 14 It gives people an opportunity -- maybe they don't 15 have a computer. It gives them an opportunity to see and know 16 exactly what is being done. So if that's a feasible thing to do, 17 it would be very helpful. 18 CHAIRMAN GRIESHEIMER: I don't think 19 that's very feasible. In fact, I think it's illegal. In Cities, 20 it's illegal to post -- in most cities, it's illegal to post 21 notice on telephone poles and things like that. So I don't you know, repeat your suggestion, but I don't think it's -- you 23 know, for sure in the cities, it's illegal, but MS. FREIDMAN: Well, I've seen it done, 25 but perhaps, you know, since I've seen it done, it's changed, but they're always trees. The telephone poles belong to a private 2 entity. The trees don't. So I mean, there is a way to put up a 3 copy of what is being changed so that the public has access to 4 it. 5 And thirdly, again in the way of notice, you say feet. Well, 600 feet of our property doesn't take us 7 anywhere. So I think that that needs to be expanded in some way 8 to apply to areas where acreages are going to be affected. Now, 9 maybe make it -- first of all, change the 600 to a thousand just 10 as an opener, a thousand feet -- properties within a thousand 11 feet that will be affected by the change. But you need to 12 accommodate those of us who are concerned about acreage, and in 13 some way indicate that we will be notified even if we're more 14 than 600 or a thousand feet from the change, because our property 15 goes more than that. 16 MS. EAGAN: It is from the edge of your 17 property, just to clarify, not like from your house. It would be 18 if you have a hundred acres, it's going to be 600 feet from the 19 west end, the east end, the north end, and the south end. It's 20 whatever parcels. 21 For example, if someone came in for a rezoning, 22 whatever that parcel number it's 600 feet from the outer edge of 23 that. 24 MS. FREIDMAN: There are certain uses that 25 are more -- that would have an impact on more than 600 feet, is 0034

17 1 my point. And I think that there needs to be some way -- you 2 have to come up with some mechanism since you're dealing with 3 space. There has to be some way of letting the area know. How's 4 that? It would just be helpful, frankly, and avoid a lot of the 5 bitterness that comes with not being told. 6 Okay, but again let me emphasize that I think that 7 the intent of these changes is good, and well -- and well 8 intended. So it's a good thing that you've addressed them. 9 Thank you. 10 CHAIRMAN GRIESHEIMER: Thank you. 11 Anyone else wish to testify in opposition to the 12 changes? Okay. Let me do the third one. Oh. 13 MS. HOLLOWAY: Just a question. Is this 14 Article 14? 15 CHAIRMAN GRIESHEIMER: You don't want to 16 get the same thing as the others. 17 MS. HOLLOWAY: Oh, okay. 18 (Thereupon, the witness was sworn.) 19 MS. REPORTER: And I'll need your name, 20 please. 21 MS. HOLLOWAY: Cathy, C-A-T-H-Y, Holloway, 22 H-O-L-L-O-W-A-Y. 23 MS. REPORTER: Thank you. 24 MS. HOLLOWAY: I feel a little foolish 25 standing up here asking this question, but I came here for a different reason today, for the agricultural being changed to 2 non-urban. And so I just -- is that part of this Article 14? 3 CHAIRMAN GRIESHEIMER: No. 4 ATTORNEY VINCENT: No. 5 MS. HOLLOWAY: Oh, okay. I'm starting to 6 get that through my head. 7 CHAIRMAN GRIESHEIMER: Yeah, we announced 8 that -- we announced that at our Commission meeting and then also 9 whatever. We talked -- discussed at the Commission meeting, but 10 we announced it before the meeting started. 11 MS. HOLLOWAY: I did hear that, but wasn't 12 sure if that was just a part you were going to plan to do on your 13 own after this one or if that was actually part of this Article CHAIRMAN GRIESHEIMER: The part of that what are the latest? 17 MS. EAGAN: Article CHAIRMAN GRIESHEIMER: Seven. That has 19 not been submitted to us yet. 20 MS. HOLLOWAY: Okay. 21 CHAIRMAN GRIESHEIMER: Okay. 22 MS. HOLLOWAY: That's all. Thank you. 23 CHAIRMAN GRIESHEIMER: I'll revise this 24 category just to say for informational purposes only. How's 25 that? Come on up MS. ALT: Good morning. 2 CHAIRMAN GRIESHEIMER: Good morning.

18 3 MS. ALT: Christine Alt. 4 (Thereupon, the witness was sworn.) 5 I apologize for maybe not being as prepared either 6 because I also thought there was some other categories that were 7 being covered today, but I'm glad I'm here as well. 8 To reiterate, I think what a couple of people have 9 already said -- my sister, Patricia Schuba, and also Gerri 10 Freidman -- has talked about this. 11 In terms of talking about the perimeter of 12 notification, so to speak, to people, there is a concern about 13 that because depending on what the change is being required for 14 there could be instances such as things that become airborne or 15 would be a hazard to people, that that would be much more of a 16 concern to notice an entire area versus just people who are feet from that. 18 I hope you are considering to put some language in 19 there to buffer that by saying something like 600 feet is 20 minimum, and also having more input on this as you go. But what 21 I would ask is an affirmation from all of you to -- I'm mean, 22 we're asked to come up here and swear in. What we would like to 23 hear from all of you is that we can trust all of you with 24 promoting our health, our safety, and the morals and comfortable 25 and general welfare of the citizens of the Franklin County We're asked to stand up here and give our name and 2 swear in, and we're asking you to let us trust you. We 3 understand that there is limited space when you're advertising; 4 however, we all know the "The Missourian", which is the paper 5 that has to be kind of used because it's the largest paper, also 6 it has a leeway for that, like an article. There was a great 7 discussion, a lengthy article that I read, in terms of the rumors 8 that are going around about these proposed changes, and that 9 article was lengthy, but one thing it didn't do was notify the 10 public in that article that there would be meetings and when they 11 would be and where they would be. 12 So use that space too, not just the space that 13 you're required by law to use. That's why people in the 14 communities are a little bit distrusting and wanting to know that 15 our input is being heard. So I would ask you to affirm that 16 you're going to look out for the citizens, not just the 17 businesses and the big businesses who have moved to our 18 community. 19 One of the things of greater concern using a term 20 like agriculture and then saying it doesn't matter. This county 21 was built on farming, small farms and big farms and agriculture. 22 So you are going to have a big time on your hands if you say that 23 it doesn't matter and you're throwing it out. There must be some 24 other reason that you're doing that. So the article that I read 25 said there are rumors. Well, that's why there are, people are a little bit not trusting of that. So explain yourself and let 2 people know when they can come to listen and also to speak and be 3 heard. 4 Thank you.

19 5 CHAIRMAN GRIESHEIMER: Anyone else wish to 6 testify for informational purposes only? Seeing none. Oh, Mike, 7 Tim, anything? 8 MEMBER SHATZ: Well, there have been some 9 good points made, and I think we -- I'd like to take a second to 10 look at this draft a little bit and maybe discuss it a little bit 11 further maybe, and make same changes. There's some things I 12 think were very good points that were brought up by the public 13 here this morning, and I think we need a little bit more work on 14 this. 15 CHAIRMAN GRIESHEIMER: Tim, you got 16 anything? 17 MEMBER BRINKER: The technology, that's my 18 concern. First and foremost, thank you, everyone, for your input 19 and participation. I know it's not easy all the time to come and 20 have such input or participate, but I certainly appreciate it. 21 That's what we're all here for and what this thing is all about, 22 right? 23 In looking at this and knowing the Department's 24 desire of implementing these amendments, I think -- I think 25 public input is key and inclusive in the verbiage referenced in here. 2 In terms of a web presence and info share, anything 3 we can do to enhance the information sharing and notifications, 4 we should look into, provided it's done in accordance with State 5 laws as guidelines as to notifications. 6 Beyond that, the dimensions of impact, if I could 7 ask, Scottie, the 600-foot dimension, is that a national 8 standard, a state standard, a typical dimension? Where is that 9 derived? 10 MS. EAGAN: I think we'd looked at it, and 11 I believe that we put the minimum of the State statute. 12 ATTORNEY VINCENT: That's what State law 13 mandates. 14 MEMBER SHATZ: Their book? 15 ATTORNEY VINCENT: It doesn't say that. 16 MEMBER SHATZ: No, no. What does the 17 State statute say? 18 ATTORNEY VINCENT: I'll tell you in a 19 second. Okay. We got to go back to a different statute. I'm 20 reading off my phone. It's little. 21 MEMBER BRINKER: It's a pocket computer. 22 While Mark is looking into that, I'll address a 23 couple of things, and in terms of A under "Initiation of Zoning 24 Amendments," it was Commission, and then the hearing, now it's 25 going to be the hearing and Commission; is that correct, Scottie? MS. EAGAN: It's not going to be the 2 hearing. It's going to be the Planning and Zoning Commission 3 meeting for recommendations, then the public hearing at the 4 County Commission level. 5 MEMBER BRINKER: Right, that's what I -- 6 and I have a hard time reading what I write sometimes. But just

20 7 making sure for clarification. I have no issue with that 8 whatsoever. 9 And B in the process now goes through County 10 Commission to P and Z is a change, right? 11 MS. EAGAN: Are you still under initiation 12 of MEMBER BRINKER: Under B. B, yeah, under 14 initiation. 15 MS. EAGAN: What A is, A talks about if 16 anybody in the County initiates it, it goes to the Planning and 17 Zoning for recommendation. And then B is if anybody else in any citizen initiates an amendment, it goes before Planning and 19 Zoning, and then County Commission. 20 MEMBER BRINKER: Okay. 21 ATTORNEY VINCENT: Tim, I've got it here. 22 MEMBER BRINKER: Okay. Let me finish up 23 here, and ATTORNEY VINCENT: Okay. 25 MEMBER BRINKER: -- then I'll let you clarify that. 2 Under then C, there's a public hearing set in 3 accordance with these regulations. That's under initiation, and 4 then going down to "County Commission Action on Amendments," no 5 -- "nothing that amends any of these provisions can be adopted 6 until a public hearing has been held," public hearing being two 7 words, so it's inclusive. 8 B, the Planning staff was Planning director, and now 9 it just allows for you or a member of your staff to do so in 10 your MS. EAGAN: Right. 12 MEMBER BRINKER: -- absence. 13 Fifteen days prior to the public hearing, it needs 14 to be published, and again I think we can implement some things 15 to get notices out there, and in accordance with State law. 16 Under C on the back side of this page under" County 17 Commission Action on Amendments," with respect to the map 18 amendments, the Planning staff instead of director again, right? 19 MS. EAGAN: Uh-huh. 20 MEMBER BRINKER: Which I don't have any 21 issue with whatsoever. 22 Under D, the "notice shall require", this section 23 shall, and we just deleted the "include" because "shall" is a 24 directive and must include all four of those things, right? 25 MS. EAGAN: Right MEMBER BRINKER: I'm curious under 4, 2 under that 4(d), what is the "and" that just concludes the next 3 thing, that "conclusion, period"? 4 MS. EAGAN: That's just an error. 5 MEMBER BRINKER: Oh, that's just a typo? 6 MS. EAGAN: Yeah. 7 MEMBER BRINKER: So we can strike that? 8 MS. EAGAN: Yeah.

21 9 MEMBER BRINKER: Okay. And anything other than that, I really think it does help clean up. 11 Mark, what's your comment on the 600? 12 ATTORNEY VINCENT: Okay. What you've got 13 is the courts -- one statue that affects all amendments, but when 14 you're talking about a parcel of real estate, a particular house 15 affected, it's and it reads -- it's very short: 16 "After the adoption of a zoning 17 plan or regulation adopted pursuant 18 thereto, no use of any parcel of land 19 included in the plan or regulation shall 20 be changed without a public hearing and 21 the person or body which conducts the 22 hearing..." 23 That's for you guys: 24 "conducts the hearing shall give notice 25 at least 15 days before the hearing by regular mail to all owners of any real 2 property located within 600 feet." 3 That's all it says. That's State law. Now -- 4 MEMBER SHATZ: But we can -- we can go 5 beyond that scope? 6 ATTORNEY VINCENT: Sure you can. 7 MEMBER BRINKER: And to that point and my 8 opinion on this that I have no problem passing this as presented. 9 So thank you. 10 CHAIRMAN GRIESHEIMER: As far as what we 11 will do, I guess, is take these under advisement and we have to, 12 I guess, do a working session and discuss the Regulation. 13 Scottie, do what you can on the next, whenever we 14 have the next, set of the regulations. We'll try to do what we 15 can to post them on the internet. That's good. 16 MS. EAGAN: Well, I'm hoping by next year 17 when we actually have the big public hearing we'll have Minute 18 Track at that point to where they should all, I believe, 19 automatically be uploaded when I do my agenda. 20 CHAIRMAN GRIESHEIMER: And we have tried, 21 on the website is post notices of the different things that where 22 people can access and read the proposed change, and we've done 23 that in the past, but we'll do what we can and hope we can get 24 that up and running. 25 I don't -- have you got anything else, or, Mark, or any of us? 2 ATTORNEY VINCENT: No. 3 CHAIRMAN GRIESHEIMER: You got any? 4 MEMBER BRINKER: No, sir. 5 CHAIRMAN GRIESHEIMER: Okay. 6 MS. FREIDMAN: Excuse me. If I may, I did 7 I have a second point. I mean, I thought somebody else would 8 bring it up. May I have still? 9 MEMBER SHATZ: Go ahead. Would you state 10 your name again, ma'am.