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KERN: I do. <br /> CARR SMITH: Thank you. <br /> KERN: Good morning, Madam Chair, Members of the Planning Commission. Thanks for <br /> having us back. <br /> CARR SMITH: Please state your name and <br /> KERN: I'm Zendo Kern <br /> CARR SMITH: the area where you reside and whom you are representing. <br /> KERN: I reside on the east side. Zendo Kern, planning consultant, representing the applicant. <br /> Yeah, so there is the trail, but we didn't really get into too much discussion about that. Jean is <br /> very much open to making things pretty easy for the neighbors and the public. That's why she <br /> has been agreeable to all the conditions of this rezoning, with keeping a majority of it forest. To <br /> my knowledge, she has no intention to close that down. <br /> VAN PERNIS: You said you are open to that. Are you willing to commit to a condition that the <br /> trail will remain available to the public? <br /> KERN: I would not be willing to make that condition right now because I have to speak to her <br /> and have her do that. We can certainly continue that conversation in the Council. <br /> VAN PERNIS: Well, there are certainly ways that the liability could be eliminated, by for <br /> instance an easement to a public organization. So, saying that you are open to it means nothing, <br /> because it's not required. I think it's safe to say you are open to it. So we would like to, I would <br /> like to see whether the applicant is agreeable to leaving that public trail available to the public. <br /> KERN: I can talk with her, and we can definitely address it during Council. I think we've been <br /> through here, we did a good discussion about the project, we went back and got the arch recon <br /> done, so it would be our choice to continue moving forward. And again, we'll have, mark my <br /> word, we'll have that, I can have that discussion with her. <br /> VAN PERNIS: Are you willing to have that assurance all before this proceeding is completed? <br /> KERN: When you say, "this proceeding," are you referring to this, this proceeding or <br /> VAN PERNIS: Yes <br /> KERN: the entire rezoning? Prefer not to, prefer to keep it moving forward. As I said, we <br /> did postpone it to, as a request. <br /> 3 <br /> EXHIBIT A <br />