This transcript has been formatted with the correct speaker identifications based on the context of the meeting and the provided list of officials. *** **[00:00:00] Mayor Tim Busse:** Evening everyone and welcome. Thank you for joining us for tonight's Council meeting. I'll call this Council meeting to order Monday, January 9th, 2023. Thank you all for being here in chambers. Thanks to everybody tuning in online. We'll start our meeting as we always do; if you would please rise and join me in the Pledge of Allegiance. *(Pledge of Allegiance occurs)* **[00:00:45] Mayor Tim Busse:** Once again, thanks to everybody for joining us this evening. We have five Councilmembers here this evening. We do have a total of six because Councilmember Nelson is joining remotely from a public location and that's been properly notified, so we're good there. The one thing that they will do is since we have a Councilmember remote, all of our votes are going to have to be roll call votes, just so you are aware of that and so we're ready to go. Our first item on the agenda tonight is the approval of the agenda. Under our introductory items, we've got an official resolution declaring a vacancy of our City Council, and we'll follow that up right away with the selection of finalist candidates for appointment of the City Council Member At-Large. We’ve got a proclamation—our Martin Luther King Jr. Day proclamation—and then an update on our Veterans Memorial. Our Consent Business, which Councilmember Carter is going to take care of for this evening, is 14 items; it’s kind of a lengthy one. Under Item 4 for Hearings and Resolutions, Item 4.1—I think officially on the agenda Item 4.1 is listed as a public comment—officially that's a public hearing and it was noticed in the paper as a public hearing. I think we just had a little bit of a typo in terms of what the official agenda was, so I wanted to make that correction. We'll have a public hearing regarding our City Code amendment on single and two-family residential standards, and then we'll have a discussion at Item 4.3 regarding the Artistry grant request. We also have a number of items under our Organizational Business: our Pavement Management Program, our street maintenance project for the Bloomington Ferry Road. The Planning Commission is going to talk about their 2023 work plan. We’ll have a discussion about our legislative priorities, the Bloomington Sales Tax project prioritization, and then we'll do a number of appointments as we do in the first meeting of every year—and that is, I think we've got almost ten of those, maybe a few more than ten, of the appointments to everything from our Fire Department Relief Association all the way to the 494 Corridor Commission and ultimately our Council Secretary. So we've got a lot to take care of. I will say, Council, it is a beefy agenda and I would ask you to make sure that your comments tonight are concise and to the point, that we don't spend too much extraneous time on any one item so we can move through that. And I would ask staff as well to make sure that we keep our presentations in check just to make sure that we can get out of here before the crack of midnight. Again, Council, are there any other questions or additions or subtractions to tonight's agenda? Hearing none, I will move tonight's agenda with the small change to Item 4.1 where it says "public comment"—it is actually a public hearing on a new on-sale wine license application for Al Fresco Restaurant. **[00:03:30] Councilmember Dwayne Lowman:** Second. **[00:03:32] Mayor Tim Busse:** Motion and a second by Councilmember Lowman to accept tonight's agenda. No further Council discussion on this. Mr. Brilliant? **[00:03:38] Matt Brilliant (Council Secretary):** Councilmember Nelson? **[00:03:39] Councilmember Shawn Nelson:** Aye. **[00:03:40] Matt Brilliant:** Carter? **[00:03:41] Councilmember Jenna Carter:** Aye. **[00:03:42] Matt Brilliant:** Lowman? **[00:03:43] Councilmember Dwayne Lowman:** Aye. **[00:03:44] Matt Brilliant:** Martin? **[00:03:45] Councilmember Patrick Martin:** Aye. **[00:03:46] Matt Brilliant:** D’Alessandro? **[00:03:47] Councilmember Lona Dallessandro:** Aye. **[00:03:48] Matt Brilliant:** Mayor Busse? **[00:03:49] Mayor Tim Busse:** Aye. Motion carries six-zero. **[00:03:52] Mayor Tim Busse:** Item 2.1 is a resolution declaring a vacancy of the City Council, which is a formal resolution that we have to officially declare. We did, of course, get the official resignation letter from Councilmember, now State Representative, Coulter. I can't remember exactly which date that was received, but we do have an official resignation letter and a resolution accepting the resignation of Councilmember Nathan Coulter and declaring an official vacancy on the Bloomington City Council. Council, any questions or comments regarding Item 2.1? If not, I look for a motion to accept the resolution declaring a vacancy. **[00:04:30] Councilmember Patrick Martin:** So moved. **[00:04:31] Councilmember Jenna Carter:** Second. **[00:04:33] Mayor Tim Busse:** Motion by Councilmember Martin, second by Councilmember Carter to accept the resolution. No further Council discussion. Mr. Brilliant? **[00:04:40] Matt Brilliant (Council Secretary):** Councilmember Nelson? **[00:04:41] Councilmember Shawn Nelson:** Aye. **[00:04:42] Matt Brilliant:** Carter? **[00:04:43] Councilmember Jenna Carter:** Aye. **[00:04:44] Matt Brilliant:** Lowman? **[00:04:45] Councilmember Dwayne Lowman:** Aye. **[00:04:46] Matt Brilliant:** Martin? **[00:04:47] Councilmember Patrick Martin:** Aye. **[00:04:48] Matt Brilliant:** D’Alessandro? **[00:04:49] Councilmember Lona Dallessandro:** Aye. **[00:04:50] Matt Brilliant:** Mayor Busse? **[00:04:51] Mayor Tim Busse:** Aye. Motion carries six-zero. **[00:04:53] Mayor Tim Busse:** Item 2.2 is the selection of our finalist candidates for the appointment to the City Council Member At-Large position. Just to review for the folks who are here and who are tuning in: as of last week and then again on Saturday morning, we interviewed 18 people out of 22 applications. We had good discussions; we had a great group of candidates. Bloomington should be proud of the folks who have come forward to serve. Our job now is to go from that 18 down to a more manageable number of three, four, five, or six, and we'll bring those folks back in on Wednesday of this week for second-round interviews. What we've asked each Council member to do is identify a maximum of five people. Anyone with a majority of the Council supporting them will move forward. We’ll do this out loud; state your preferred candidates. Councilmember Nelson, you are on the hot seat—you get to lead us off. **[00:06:55] Councilmember Shawn Nelson:** Maureen Scanlon-Feiler, Bill Colton, Nellie Korman, David Orbit, and Ryan Siminis. **[00:07:12] Mayor Tim Busse:** Thank you. Councilmember Carter? **[00:07:15] Councilmember Jenna Carter:** Phil Colton, Nellie Korman, Maureen Scanlon-Feiler, Adam Carvel, and Bill Cook. **[00:07:35] Mayor Tim Busse:** Councilmember Lowman? **[00:07:38] Councilmember Dwayne Lowman:** Ryan Siminis, Phil Colton, Nellie Korman, and Maureen Scanlon-Feiler. I'm only voting for four; I had a number of ties at the end. **[00:07:55] Mayor Tim Busse:** Councilmember Dallessandro? **[00:07:57] Councilmember Lona Dallessandro:** Adam Carvel, Maureen Scanlon-Feiler, Phil Colton, Nellie Korman, and Sam Muir. **[00:08:11] Mayor Tim Busse:** Councilmember Martin? **[00:08:13] Councilmember Patrick Martin:** Sam Muir, Nellie Korman, Phil Colton, Maureen Scanlon-Feiler, and Adam Carvel. **[00:08:35] Mayor Tim Busse:** And my votes were Phil Colton, Sam Muir, Maureen Scanlon-Feiler, Nellie Korman, and Adam Carvel. If my math is correct, we have five folks who received at least four votes: Adam Carvel, Maureen Scanlon-Feiler, Phil Colton, Nellie Korman, and Sam Muir. I would look for a motion to move that slate to Wednesday’s second round of interviews. **[00:09:15] Councilmember Dwayne Lowman:** So moved. **[00:09:30] Councilmember Jenna Carter:** Second. **[00:09:35] Mayor Tim Busse:** Motion by Councilmember Lowman, second by Councilmember Carter. Mr. Brilliant? *(Roll call vote occurs; motion carries 6-0)* **[00:10:00] Mayor Tim Busse:** I want to thank everyone who put themselves forward. It’s an impressive group. Even if you aren't on the final list, please stay involved. Moving on to Item 2.3, a proclamation for Martin Luther King Jr. Day. *(Mayor Busse moves to the podium and reads the MLK Day proclamation for January 16th, 2023)* **[00:13:30] Mayor Tim Busse:** Item 2.4 on our agenda is an update on the Veterans Memorial proposed by Bloomington Remembers Veterans. We've got Mike Davis and Duane Brinkman here. Gentlemen, good evening. **[00:13:45] Mike Davis (Bloomington Remembers Veterans):** Good evening, Mr. Mayor and Council. Happy New Year. I am Mike Davis, and with me is Duane Brinkman, our Treasurer. We are here to make the formal request for state bonding support for the construction of the Veterans Memorial on the east lawn of the Bloomington Civic Plaza. *(Mike Davis and Duane Brinkman present the mission, design concept involving "dog tags" with QR codes, mental health resources, and the budget breakdown of $750,000, requesting $350,000 in state bonding)* **[00:19:15] Mayor Tim Busse:** Thank you, gentlemen. We will be having a discussion about our legislative priorities shortly, and it'll be good to have this in front of us. Item 3 is the Consent Agenda. Councilmember Carter. **[00:20:10] Councilmember Jenna Carter:** Thank you, Mayor. I have a hold for 3.7. I would move to approve items 3.1 through 3.6 and 3.8 to 3.14. **[00:20:25] Councilmember Dwayne Lowman:** Second. *(Roll call vote occurs; motion carries 6-0)* **[00:21:00] Mayor Tim Busse:** Item 3.7 was held by Councilmember Dallessandro. **[00:21:05] Councilmember Lona Dallessandro:** Thank you. These temporary permits for the highway project go until 2028. That feels "squishy." What recourse does the city have if projects take longer than anticipated? **[00:21:30] Julie Long (Public Works Director):** Mr. Mayor, Councilmember Dallessandro, this is a traditional MnDOT agreement. They use 2028 because even if construction ends in 2026, they need time for restoration—grass and trees. They pick 2028 arbitrarily as a buffer. **[00:22:15] Councilmember Lona Dallessandro:** Thanks. I’ll move to authorize the Mayor and City Manager to sign the temporary permits for Item 3.7. **[00:22:25] Councilmember Patrick Martin:** Second. *(Roll call vote occurs; motion carries 6-0)* **[00:23:00] Mayor Tim Busse:** Item 4.1 is a public hearing on a new on-sale wine license for Al Fresco Restaurant LLC. **[00:23:10] Tim Bulger (Public Health Administrator):** Evening, Mayor and Council. Al Fresco was approved for 3.2 beer this summer, but they found they can’t get enough product, so they are back for a wine license. We’ve known them for six months; this is an easy one for us. **[00:23:45] Mayor Tim Busse:** This is a public hearing. I will open the public hearing on Item 4.1. Is there anyone in chambers or on the phone wishing to speak? **[00:24:10] Mr. Sable (Staff):** Mr. Mayor, I had one caller but they hung up. **[00:24:20] Mayor Tim Busse:** I’ll look for a motion to close the public hearing. **[00:24:25] Councilmember Dwayne Lowman:** So moved. **[00:24:26] Councilmember Patrick Martin:** Second. *(Roll call vote occurs; motion carries 6-0. Councilmember Lowman moves to approve the license; Councilmember Martin seconds. Motion carries 6-0)* **[00:25:30] Mayor Tim Busse:** Item 4.2 is a public hearing regarding City Code amendments on single and two-family residential standards. Mr. Mike Palermo from Planning. **[00:25:45] Mike Palermo (Planning Manager):** Thank you, Mr. Mayor. This project aims to encourage more housing options and address affordability and racial equity. Currently, about 18% of our lots are non-conforming to our 11,000 sq ft minimum. We are proposing to reduce the minimum lot size to 7,800 square feet and adjust lot widths. We are also looking to reduce garage requirements from two stalls to one and parking from four spaces to two to allow more flexibility. *(Mike Palermo continues the presentation, addressing concerns about gentrification, storm water mitigation, and neighbor correspondence from the Norman Ridge area)* **[00:43:00] Mayor Tim Busse:** Thank you. Council, any questions? **[00:43:10] Councilmember Lona Dallessandro:** How did you estimate the 10 to 20 new units per year? **[00:43:25] Mike Palermo:** It’s based on historical data and land value. Most lots in Bloomington have perfectly good homes that aren't economically viable to tear down just for a lot split. **[00:46:00] Councilmember Jenna Carter:** If these are built as two-family homes, what prevents them from all becoming rentals? **[00:46:15] Mike Palermo:** We don't limit rentals, but we do require rental licenses and inspections. However, this also provides "passive income" opportunities for homeowners who want to live in one side and rent the other. **[00:51:30] Mayor Tim Busse:** I will now open the public hearing on Item 4.2. Please state your name and limit comments to five minutes. **[00:52:00] Steve Furlong (Resident):** I’m here in support. This is a step toward making homeownership an opportunity for more individuals. **[00:54:10] Dan Curry (Resident):** I live in Norman Ridge. I support the concept but request you table this. Our neighborhood has steep hills, no sidewalks, and no streetlights. Increasing density and on-street parking here is a safety hazard for children and makes snow plowing impossible. **[00:59:15] Mark Mills (Resident):** I own property on Norman Ridge. You want to ruin the neighborhood by allowing this development. I didn't get a letter about this; I found out on Facebook. I don't applaud the Council for this. **[01:01:00] Andrea Schilling (Resident):** We found out about this because of a pending sale contingent on this passing. Nobody in our neighborhood knew. We are concerned about traffic on our narrow, 30-foot-wide streets. **[01:03:15] Mr. Ackerman (Resident):** I’ve lived here 40 years. Our street is narrower than standard because of the trees and hills. Double bungalows will generate too many cars for a street where two cars can barely pass each other now. **[01:05:45] Ms. Hemsley (Resident):** I’m the one who figured this out because the lot next door is for sale contingent on this amendment. It’s a disincentive to take care of your property if you can just sell it as multiple lots for a higher price than the house is worth. **[01:08:30] Rachel Anderson (Resident):** I moved to Norman Ridge to build a dream home. It won't be the same with duplexes everywhere. I also don't get the Star Tribune and I haven't been to the Farmers Market, so I never saw the notice. **[01:10:00] Leo Paling (Resident):** I’ve been a realtor for 35 years. The city needs to do a better job of notifying citizens of such a major change. **[01:12:15] Anthony Peters (Resident):** My kids walk to the bus stop in the dark on snowy hills. I’ve seen cars slide off the road right where they stand. More traffic makes it worse. **[01:14:30] Melissa Berger (Resident):** I support the spirit but echo the safety concerns. Today a tree was being taken down and I couldn't get my car through because of the trucks. Please delay the vote. **[01:16:00] Kevin Schilling (Resident):** What works in East Bloomington is different than Norman Ridge. There are nine lots in our area that could easily turn into 27 units. **[01:18:00] Susan Jacobson (Resident):** I’ve worked in architecture for 40 years. We didn't move to Norman Ridge to live in South Minneapolis. **[01:21:00] Jack Poling (Resident):** Applying a "common denominator" code to a city with diverse neighborhoods is dangerous. I don't see how this makes houses "affordable." **[01:23:45] Jennifer Bullard (via phone):** I live on Mount Normandale Drive. We received no notice. Please postpone this. **[01:25:00] Kevin Gallagher (Resident):** This will devalue the homes of those who followed the rules and invested in the neighborhood. **[01:27:30] Dale Johnson (Resident):** I live on the "tiny lot" end of Bloomington. I ask you to consider the compassion of these neighbors and postpone the vote. **[01:29:00] Mayor Tim Busse:** I’ll look for a motion to close the public hearing. **[01:29:10] Councilmember Patrick Martin:** So moved. **[01:29:15] Councilmember Dwayne Lowman:** Second. *(Roll call vote occurs; motion carries 6-0)* **[01:30:15] Mayor Tim Busse:** Staff, can we mitigate the on-street parking hazards? **[01:30:30] Kirk Roberts (Traffic Engineer):** We can designate "No Parking" on one or both sides of a street if there’s a safety issue. We haven't heard from this area previously, but we can look at specific sightlines and grades. **[01:35:45] Councilmember Jenna Carter:** I think we should take a more holistic approach. Maybe some areas should be rezoned to RS-1 (Large Lot) rather than just applying a citywide change to R-1. I’m not comfortable moving forward tonight. **[01:40:15] Councilmember Patrick Martin:** I appreciate the feedback, but I want to caution us. A duplex or a small rambler is a "dream home" for a huge segment of our community. We need more families for our schools. I hope we don't just carve out "exclusive enclaves." **[01:43:00] Councilmember Lona Dallessandro:** I want everyone to have trees and hills, but I also know the topology here is different. If we have to delay to consider exceptions, I’m okay with that. **[01:48:00] Councilmember Dwayne Lowman:** If we don't think this is the solution, we should vote it down. But I’m worried that delaying 60 days just invites every other neighborhood to come and ask for a carve-out. **[01:52:15] Mayor Tim Busse:** I’m hearing a desire to lay this over. I’ll move to table this until March 20th to allow staff more time for outreach and to look at specific pocket rezonings. **[01:52:45] Councilmember Dwayne Lowman:** Second. *(Roll call vote occurs; motion carries 6-0)* **[01:55:00] Mayor Tim Busse:** Item 4.3 regarding the Artistry grant request. **[01:55:30] Zach Walker (City Manager):** Artistry reached out this summer with financial challenges. They originally asked for a $750,000 loan, which the City declined. They have since worked with Propel Nonprofits and have revised their request to a $250,000 grant. **[01:57:00] Kelly Foster-Order (Artistry Acting Executive Director):** Thank you. We are here to rebuild trust. We have reduced our staff from 15 down to 4 and cut our budget from $2.3 million to $1.5 million. We have paid all artists for completed work and negotiated down 50% of past liabilities. **[02:05:00] Ben Barkan (Artistry):** We will focus on at least four mainstage shows a year and streamline our education programs to ensure they are financially viable. **[02:15:15] Mayor Tim Busse:** I’ve voted against previous requests because there was no business plan. With Propel’s involvement and this paring down, I’m now in a position where I can support this to keep the arts alive in Bloomington. **[02:22:15] Councilmember Jenna Carter:** I move to approve the term sheet for a $250,000 grant to Artistry. **[02:22:25] Councilmember Lona Dallessandro:** Second. *(Roll call vote occurs; motion carries 6-0. Additional motions regarding budget adjustments and contract terminations pass 6-0)* **[02:25:30] Mayor Tim Busse:** Council, it’s 11:00 PM. I move to extend our time by not to exceed one hour. **[02:25:40] Councilmember Patrick Martin:** Second. *(Roll call vote occurs; motion carries 6-0)* **[02:26:00] Mayor Tim Busse:** Item 5.1, Pavement Management for Bloomington Ferry Road. **[02:26:15] Mr. Ruszek (Staff):** We have three concepts for the segment between 106th and Pioneer Trail. Concept A is a standard overlay ($860k). Concept B adds bike lanes within the current footprint. Concept C is a "deconstruction" where we remove the northbound lanes, convert them to green space, and make the road two lanes ($3.3 million). **[02:35:00] Mayor Tim Busse:** I’m having a hard time spending $3 million to remove pavement. Concept A or B seems more appealing. **[02:38:00] Councilmember Lona Dallessandro:** We declared a climate crisis. Concept C reduces impervious surface significantly. We should consider the environmental cost. **[02:40:15] Councilmember Dwayne Lowman:** I move to postpone work on Bloomington Ferry Road to move forward with a corridor study for Concept C. **[02:40:25] Councilmember Patrick Martin:** Second. *(Roll call vote occurs; motion carries 5-1, Mayor Busse voting no)* **[02:45:00] Mayor Tim Busse:** Item 5.2, Planning Commission Work Plan. Nick Johnson. *(Nick Johnson and Commissioner Crookston present the 2023 work plan including missing middle housing and sign ordinance updates)* **[02:52:15] Councilmember Lona Dallessandro:** I’d like to see short-term rental and SRO work put on the back burner to prioritize sustainable building practices. **[02:55:00] Councilmember Jenna Carter:** I move to approve the 2023 Planning Commission work plan with the feedback provided. **[02:55:10] Councilmember Dwayne Lowman:** Second. *(Roll call vote occurs; motion carries 5-0 with Councilmember Nelson away)* **[02:57:30] Mayor Tim Busse:** Item 5.3, Legislative Policies. Mr. Sable. **[02:58:00] Mr. Sable (Assistant City Manager):** Our priorities remain the local option sales tax, bonding for the Veterans Memorial, and 494 vision project. **[03:02:15] Councilmember Dwayne Lowman:** I move to adopt the 2023 Legislative Policy. **[03:02:20] Councilmember Patrick Martin:** Second. *(Roll call vote occurs; motion carries 6-0)* **[03:05:00] Mayor Tim Busse:** Item 5.4, Sales Tax Project Prioritization. We are looking at $155 million in projects: $35M for Ice Garden renovations, $100M for a Health and Wellness Center at Creekside, and $20M for Nine Mile Creek natural resources. We need a resolution by January 23rd. **[03:12:00] Councilmember Shawn Nelson:** My concern is we haven't fully vetted the "centers of community" alternative to one large wellness building. **[03:15:00] Mayor Tim Busse:** We will bring two separate resolutions on the 23rd to hach this out. Items 5.5 through 5.13 are annual appointments. *(Mayor Busse reads through appointments for Fire Relief Association, HRA (Jenna Carter), Sustainability (Dwayne Lowman), CVB, Health Advisory, 494 Corridor, 35W Solutions, and 169 Corridor. All motions pass 6-0. Matt Brilliant is reappointed Council Secretary)* **[03:22:30] Mayor Tim Busse:** Item 5.14, Council Listening Session update. We heard from Sally Nelson regarding an issue from years back. That is all. I would entertain a motion to adjourn. **[03:22:45] Councilmember Jenna Carter:** So moved. **[03:22:50] Councilmember Dwayne Lowman:** Second. *(Roll call vote occurs; motion carries 5-1 with Nelson in opposition)* **[03:23:00] Mayor Tim Busse:** We are officially adjourned. Thank you all for sticking it out.