December 5, 2022 Bloomington City Council Meeting

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**[00:00:00] Mayor Tim Busse:** Good evening everyone and welcome. I will call this meeting of the Bloomington City Council to order tonight, Monday, December 5th, 2022. Welcome everybody here and everybody watching online. We're going to start a meeting as we always do with the Pledge of Allegiance. If you could please stand and join me in the pledge. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Once again, thanks everybody for joining us tonight. We've got a big meeting, a lot on the agenda. And our agenda this evening includes—enthusiasm in the crowd, that's what I like—our agenda includes actually six introductory items, and we're going to do a Human Rights Day proclamation and then make our Omar Bonderud Award presentation for 2022. We're going to talk about our City Council vacancy that will be upcoming at the end of this calendar year. We're going to do some appointments to the HRA Board, the Port Authority, and to the Merit Board. We have 11 items under Consent Business, and I believe Councilmember Dallessandro has our Consent Agenda tonight. Under Hearings, Resolutions, and Ordinances, we have seven hearings, seven public hearings, and the first is probably the main event for tonight, Item 4.1: our Truth in Taxation hearing. We'll also talk about our 2023 through 2032 Capital Improvement Plan. A public hearing on the new intoxicating liquor and Sunday license application at Friendship Village. Talk about preliminary and final plat for Bloomington Station Eighth Addition; Tax Increment Financing for your Apple House redevelopment project; an ordinance amending our lawful gambling regulations; and an ordinance establishing a THC product licensure and regulations. Under Organizational Business, we’ll go with our typical City Council policy and issue update, and then 5.2, we are looking to go into closed session to review the potential sale of property. At that point, we'll have to ask everybody to go enjoy the rest of your evening and clear the Council Chambers as we go into closed session for that discussion. Council, any questions on it? Any additions, subtractions, anything we need to change? Hearing none, I will move approval of tonight's public agenda. We've got a motion on the floor, and with a one member remote, Councilmember Coulter being remote, I think we're going to have to do roll call votes tonight. So, Mr. Secretary, if you could help us out. We've got a motion and a second to approve tonight's agenda. All right. **[00:02:30] Priyanka Rai (Council Secretary):** Councilmember Coulter? **[00:02:31] Councilmember Nathan Coulter:** Aye. **[00:02:32] Priyanka Rai (Council Secretary):** Carter? **[00:02:33] Councilmember Jenna Carter:** Aye. **[00:02:34] Priyanka Rai (Council Secretary):** Lowman? **[00:02:35] Councilmember Dwayne Lowman:** Aye. **[00:02:36] Priyanka Rai (Council Secretary):** Robertson? **[00:02:37] Councilmember Danielle Robertson:** Aye. **[00:02:38] Priyanka Rai (Council Secretary):** Dallessandro? **[00:02:39] Councilmember Lona Dallessandro:** Aye. **[00:02:40] Priyanka Rai (Council Secretary):** Mayor Busse? **[00:02:41] Mayor Tim Busse:** Aye. Motion carries six-zero, and we have an agenda for this evening. Just to note, Councilmember Nelson is not with us yet this evening. First up on our agenda is a Human Rights Day proclamation. With too much paper up here right now, I'm going to head down to the podium and do our Human Rights Day proclamation. So, Human Rights Day is observed every December 10th. It's observed December 10th this year because on that day in 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. And we have been doing that here in Bloomington. We have established our Human Rights Commission back in 1968, and we recognize this day each year with a Human Rights Day proclamation, which I will read today. *A Proclamation for Human Rights Day, December 10th, 2022. Whereas, the City of Bloomington joins our nation in recognizing December 10th, 2022, as Human Rights Day. And whereas, Bloomington recognizes the importance of acknowledging the diversity that exists in our community as we strive for autonomous participation in our community affairs. And whereas, the Universal Declaration of Human Rights asserts all human beings are born free and equal in human dignity and individual liberty. And whereas, the designation of a special Human Rights Day serves to remind us that basic human rights must be made available to all people. And whereas, through the efforts and commitment of our city by promoting human rights awareness, our goal is to advance the inalienable rights of all citizens by eliminating human rights abuses and injustices. And whereas, the City of Bloomington Human Rights Commission is celebrating 54 years of aiding and advising the City Council in ensuring all citizens have equal opportunities. And whereas, the City of Bloomington recommits to its goal of protecting and advancing human rights for all. Now, therefore, I, Mayor Tim Busse, do hereby proclaim December 10th, 2022, as Human Rights Day and ask all residents to continue their efforts in making Bloomington a model for fair and equal rights for all persons. Signed this day, December 5th, 2022.* As I said, this is a proclamation we do on a yearly basis here in Bloomington. This is the third time I've had the opportunity to make this proclamation, and I'm proud to do so because I think it's an important one to remind us all that human rights are a right for all, and it's important for us to remember that and to restate it each and every year. And one way that we do that in particular here in Bloomington is through an annual award that we present. Each year we present the Omar Bonderud Award, which is chosen every year by the Human Rights Commission and it's presented to the person who exemplifies basically what I just read in the proclamation. As I mentioned, for 54 years, Bloomington has had a very active and influential Human Rights Commission. We're very thankful for the work that they do. What I would like to do right now is call up one of our Human Rights Commissioners, Anita Smithson, to bring forward Item 2.2, which is our Omar Bonderud Award presentation. Commissioner Smithson. **[00:06:30] Anita Smithson (Human Rights Commissioner):** Thank you, Mayor and City Council. Yes, as Mayor Busse said, the Omar Bonderud Human Rights Award is presented to an individual or an organization that’s made a significant contribution to ensuring the rights of people in Bloomington. Omar Bonderud was the first chairperson of the Human Rights Commission, which was formed in 1968. The Human Rights Commission is really pleased to recognize Tara Owens with the Omar Bonderud Human Rights Award for 2022. We received several wonderful nominations from members in our community, but Tara's nomination rose to the top for several reasons. First, the scope of work is really tremendous. The "Todd Pod" alone is impactful, but the work to re-engage the Early Learning Advisory Council, as well as other projects mentioned in the nomination, such as raising money to update some of the preschool equipment at Southwood and at the Pond Center, just showed the scope of all the amazing things that you're doing in our community. And it was clear when we read the nomination and in the video that we're going to watch in just a moment, that the work that Tara has done to engage and build community for parents as well as the young people has made a measurable impact to improve the quality of life for so many. As we think about Bloomington Tomorrow Together, it's really important to recognize that we will be more successful as a community if we're engaging the future of our community, that there's a place for them and that they belong. Even here—I love it, the clapping, they are important! Creating community for the youngest people in Bloomington is an investment in their future, and we believe that community is how young people will grow their sense of belonging and acceptance here in Bloomington. Thank you, Tara, for empowering parents, caregivers, and young people, and for all that you've created together. We are going to show a video. **[00:08:45] Video Presentation:** [Dialogue from Tara Owens and community members describing the "Todd Pod" program and its growth from 8 families to 275 families.] **[00:11:30] Anita Smithson:** Gentlemen, please join me in welcoming and congratulating the 2022 Omar Bonderud Award winner, Tara Owens. **[00:11:45] Tara Owens (Award Winner):** Well, I'm already crying because I love all those kiddos in that video that you saw. But let me stick to my script. Thank you, Anita, and all the members of the Human Rights Commission for seeing and recognizing this work. And thank you to Danny Treviño Cauley, a parent in our community and a community activist, for nominating me in the first place. For this work to be considered by such an esteemed body of people—you have to see what you saw on the video is real. That happens in our city, in our parks, every week. It's getting colder so it's not happening as often right now, but in high summer, that magic is every day of the week and some Saturdays. If there's one thing I've learned since becoming a parent myself—I've been at this about five years now—it's that you cannot over-support a family with young children. It's simply impossible. The demands are too much, the sleep too little, the emotions too intense. And if you do support them, if you see them, if you welcome them in, if you give them a place to belong and be accepted, they will never forget it. They are the most vulnerable bunch of people because of how vulnerable that time is, and it's a time where we all have more in common than we have differences. Everything you give to them, you will get back tenfold. Like Danny, I plan to never leave Bloomington because of this community, and I hope it keeps growing. And how has it grown? How are we at 275 families? It's not just me. Yes, I send the emails. Yes, I organize, I march—happy to do that, I'm good at that—but it's all the other parents that show up and that are also the first people at the park or in the room to say hello. So I would like to invite all parents that are part of Todd Pod or the Bloomington Early Advisory Council to stand and share this award with me. And for every one that's here in person tonight, there's ten more at home watching on the livestream as they do a bedtime routine and finish dinner. So it's an honor, I'm humbled, and I appreciate it very much. Oh, and I need to also thank my biggest and littlest cheerleaders. You already heard from the littlest, but my biggest is my husband, Daniel, who does a lot of sharing of time so I can do this work. I wouldn't be on the journey or have found this calling if it wasn't for him and us being a family and having a whole new meaning for the family of this work. Thank you very much. **[00:14:15] Mayor Tim Busse:** Congratulations once again, Tara. Well done. Moving on in our agenda, Item 2.3 is an update on our City Council member vacancy. As I'm sure most of you know, our colleague Nathan Coulter was elected in November to the Minnesota House of Representatives and will be leaving the City Council to take that job—I think, unless he wants to turn it down and stay with us. I mean, it's tempting, I'm sure. **[00:14:40] Councilmember Nathan Coulter:** I think I'm good, man. **[00:14:42] Mayor Tim Busse:** Good enough. So, we will have a Council vacancy at the first of the year, and we have a process in place to fill that vacancy. I’m going to turn it over to Mr. Walker to fill in some of the blanks and the details for us this evening. **[00:15:00] Zach Walker (City Manager):** Thank you, Mr. Mayor and Councilmembers. What we have tried to do is make sure there is as little time for vacancy on the Council as possible so that we have a full complement of Councilmembers. And so, even though the effective date of the vacancy has not occurred yet, we're pretty confident that we know that the vacancy is still going to happen, and so we're going to put the wheels in motion so that the Council can be ready to go as soon as that vacancy is there. We will post the announcement of the vacancy on the City website this week. The application period will be open from December 8th, which is Thursday, through the 22nd. We have identified initial dates of January 4th and 7th, which would be special City Council meetings, and then that's obviously depending on the number of applicants we get. Resolution declaring the vacancy will happen on January 9th. That's because, according to our Charter, the actual resolution doesn't get passed until the vacancy actually occurs. So we have to wait for that to happen, and then we will invite the finalists to present before the Council and then hope to have an appointment made and a new Councilmember seated by January 23rd. So if everything goes according to Hoyle here, we should only have one meeting with only six Councilmembers, and then we should be able to seat that new Councilmember on the 23rd, the second meeting of the year. Anything else other than details will be posted on the City's website when we put that information up on Wednesday. **[00:16:30] Mayor Tim Busse:** Thank you, Mr. Walker. Council questions? Councilmember Coulter. **[00:16:35] Councilmember Nathan Coulter:** Thank you, Mayor. I just wanted to clarify the timeline a little bit. So the vacancy—the resolution of the vacancy—will occur on January 9th and then the appointment will be made January 23rd. But am I correct in assuming that whoever is appointed, they won't be sworn in and take office at that meeting? **[00:16:55] Zach Walker (City Manager):** Mr. Mayor and Councilmember Coulter, I think that's up to the Council. I think the City Clerk mentioned he could do the swearing-in that meeting if you wanted to have somebody that night. If it were the first item of business, or if you saved it until Organizational Business, then obviously we'd wait until the next meeting. **[00:17:15] Councilmember Nathan Coulter:** Okay, I guess speaking as someone who's not going to be on the Council, it seems to me that some clarity about how that might proceed might be in order. **[00:17:25] Mayor Tim Busse:** Very good. Additional questions? All right. Members of the public, be on the lookout for the posting online. I think it was in the Sun Current this week that the announcement of this process was going to be taking place. Next on our agenda, Item 2.4, is appointments to our HRA Board. As you know, our board governs the activity of the Bloomington Housing and Redevelopment Authority. Their mission is to provide affordable housing opportunities for those not adequately served by the marketplace, to coordinate the city's efforts to preserve existing neighborhoods, and promote development and redevelopment that enhances Bloomington. Very recently this year, as a matter of fact, we expanded our HRA Board from five members to seven members. And so, we have actually three openings on our HRA Board. We have three applicants seeking appointment. We did go through a good interview process, an application process, and the breakdown of the applicant pool demographics and summary are posted in the packet. The interview panel included myself, HRA board members, and Port Authority members. Based on the interviews, the recommendations by the Mayor are to appoint Rod Wooten, Blake Doehring, and Jennifer Moller to the HRA Board of Directors. Any questions or discussion? Hearing none, I would move the appointment of Rod Wooten, Blake Doehring, and Jennifer Moller to the HRA Board of Directors. **[00:19:15] Councilmember Jenna Carter:** Second. **[00:19:17] Mayor Tim Busse:** Motion and a second. Mr. Secretary. **[00:19:20] Priyanka Rai (Council Secretary):** [Roll call vote taken; passes 7-0.] **[00:19:45] Mayor Tim Busse:** Thank you all and congratulations to our new HRA Board members. Item 2.5 is similar. This is our Port Authority Commission. We have seven members on the Port Authority, created to deliver orderly real estate redevelopment and economic development throughout the city. Beginning in 2023, the Port Authority will be handling redevelopment throughout the entire city. We had two openings and two incumbents applied. Based on the interview panel, the board recommended to reappoint the two incumbents: Bob Erickson and Steve Peterson. Council, any questions? **[00:20:30] Councilmember Lona Dallessandro:** Not really a question specifically about the appointments, but are there term limits on the Port board? **[00:20:35] Mayor Tim Busse:** We do not have Port Authority term limits. I don't know if we'd have to investigate that structure; it's just the way the Port Authority was statutorily created. **[00:20:45] Councilmember Lona Dallessandro:** Okay, thank you. I appreciate it. **[00:20:50] Mayor Tim Busse:** I would move that we appoint Robert Erickson and Steve Peterson to the Port Authority Board. **[00:20:55] Councilmember Jenna Carter:** Second. **[00:20:57] Priyanka Rai (Council Secretary):** [Roll call vote taken; passes 7-0.] **[00:21:15] Mayor Tim Busse:** Final appointment this evening, Item 2.6, is an appointment to our Merit Board. The Merit Board oversees the administration of the city's merit system for city employees. There are three members, and we had one opening and two applicants. This is not a mayoral appointment; this requires a vote of the City Council. The recommendation is to reappoint the incumbent, Nels Erickson. We will do our voting as we typically would for an appointment. Mr. Secretary, why don't we start remotely with Councilmember Coulter. **[00:21:50] Councilmember Nathan Coulter:** Erickson. **[00:21:52] Councilmember Jenna Carter:** Erickson. **[00:21:53] Councilmember Dwayne Lowman:** Erickson. **[00:21:54] Councilmember Shawn Nelson:** Erickson. **[00:21:55] Councilmember Danielle Robertson:** Erickson. **[00:21:56] Councilmember Lona Dallessandro:** Erickson. **[00:21:57] Mayor Tim Busse:** Nels Erickson. With a vote of seven-zero, I would move the appointment of Nels Erickson to the Merit Board. **[00:22:05] Councilmember Dwayne Lowman:** Second. **[00:22:10] Mayor Tim Busse:** [Roll call vote taken; passes 7-0.] Congratulations to our appointees. Moving on to Item 3, Consent Business. We have 11 items. Councilmember Dallessandro. **[00:22:45] Councilmember Lona Dallessandro:** Thank you, Mr. Mayor. I know of one hold, which is 3.4. Councilmember Nelson has asked for that one to be held. Baring any other holds, I will move our Consent Agenda 3.1, 3.2, 3.3, and 3.5 through 3.11. **[00:23:00] Councilmember Jenna Carter:** Second. **[00:23:05] Priyanka Rai (Council Secretary):** [Roll call vote taken; passes 7-0.] **[00:23:30] Mayor Tim Busse:** Item 3.4. Councilmember Nelson. **[00:23:35] Councilmember Shawn Nelson:** Thank you, Mayor. I just want to raise this one because safety at our school crossings has been something many in the community have talked about, especially in my district. This is a project that received grant funding to improve the entrance into Olson Middle School and also an elementary school to make it safer for our kids. I want to give staff a chance to address some questions from the community and the benefits of this project. **[00:24:20] Julie Long (Public Works Director):** Thanks for the opportunity. This project at West 102nd Street has been in the works for over ten years. We're working collaboratively with the School District to make safety benefits. One major concern is students crossing the driveway opening. Under this design, students headed to the middle school and elementary school would follow a brand new sidewalk and cross at a location where there's only a single lane of traffic and no turning movements. This is much more controlled with less activity. We are also adding a right-turn lane into the school driveway because in the future, we would like to see 102nd Street converted from a four-lane to a three-lane, which is critical for maintaining on-road bike lanes. **[00:26:30] Councilmember Lona Dallessandro:** Thank you, that was really helpful. Regarding the speed limit there, since we're doing a citywide traffic study, is there any reason we wouldn't make a speed limit change now as part of this project? **[00:26:50] Julie Long (Public Works Director):** We intend to address speed limits citywide. The timeline for the study may fall right in line with this project or a bit later, but it is likely it will be addressed under that full speed study. **[00:27:15] Councilmember Shawn Nelson:** I appreciate the candor. The differential speed seems to be less safe when you have people going by at 35 while others are turning. So, I think this is good for a consistent traffic flow. Thank you for seeing this through to fruition. **[00:28:15] Councilmember Lona Dallessandro:** I’ll move to adopt the resolution to order improvements for Olson School's Safe Routes to School site improvement project. **[00:28:20] Councilmember Shawn Nelson:** Second. **[00:28:25] Priyanka Rai (Council Secretary):** [Roll call vote taken; passes 7-0.] **[00:29:00] Mayor Tim Busse:** Item 4.1: Truth in Taxation hearing. We have Ms. Corey Carlson here to lead us through the budget process. **[00:29:15] Corey Carlson (Finance):** Good evening, Mayor and Council. I’d like to introduce our City Assessor, Tim Bulger, who is also here to answer questions about property values. We’ve had eight budget discussions since May. The preliminary tax levy was set at a 10.5% increase. However, tonight we are proposing a final increase of 9.15%, which is a reduction of $922,000 from the preliminary number. This was possible due to the SAFER grant for fire staffing, increased lodging and admission tax forecasts, and permit revenues. The 2023 budget includes significant investment in public safety: three new full-time firefighters starting in July (plus the 18 from the SAFER grant) and four new police officers. For the median value home ($355,900), the city property tax portion would increase by $10.02 per month. Of that $10 increase, $8.60 is directly an investment in police and fire, including the debt service for Fire Station No. 4. **[00:34:00] Councilmember Shawn Nelson:** I had a few questions from my town hall. On the property tax statement, it says Public Safety is going up 14.5% but Conservation is up 26.8%. Is it correct that the dollar amount for Public Safety is over $5 million, while Conservation is only about $100,000, which is why the percentages look that way? **[00:34:45] Zach Walker (City Manager):** Yes, Councilmember, that is accurate. Also, Public Health had a significant increase in grant revenue that offsets some expenditures. **[00:35:15] Councilmember Shawn Nelson:** Do we have forecasts for future levies? People are asking if we’re going to continue having these significant increases. **[00:35:30] Zach Walker (City Manager):** We are looking at higher-than-average increases over the next several years due to heavy capital investment for facility replacements and the long-term transition to a hybrid (full-time) fire department. **[00:37:00] Councilmember Dwayne Lowman:** Can you clarify the $729,000 reduction in the Strategic Priority transfer? **[00:37:15] Zach Walker (City Manager):** In September, we increased the transfer from the Strategic Priorities Fund to moderate the tax levy. To get to the final budget, we pulled back on that because we didn't want a structural imbalance or too much dependence on that fund for annual operations. **[00:39:15] Mayor Tim Busse:** I will now open the public hearing on Item 4.1. **[00:40:00] Linda Blair (Resident):** I appreciate the firefighters and police, but everyone's budget is strained with inflation. I want the city to stick to essential services like roads and water. I see too many group homes in our neighborhoods that strain our paramedics because they aren't properly staffed to handle their residents. I don't think the city should be funding recreation or arts centers—those are personal choices, not essential needs like fire and police. **[00:43:00] Mark Nelson (Resident):** I support fire and police, but my home value assessment went up by $158,000 in one year. I don't think I could sell my house for that much right now. **[00:44:30] David Clark (Resident):** These increases hit the most vulnerable hardest—retirees, working parents, and immigrants who can’t be here to speak. This is sold as a safety budget, but there has been no discussion of real spending cuts. It’s all accounting gimmicks. I ask one person on this Council to motion to table this and get it down to a 4% or 5% increase. **[00:48:30] Bradley Leonsis (Resident):** 85% of the increase is public safety, but what is the other 1.3% for? In the private sector, companies are doing hiring freezes and tightening their belts. Is the city doing the same? **[00:50:00] Mayor Tim Busse:** I will close the public hearing. [Roll call vote; passes 7-0]. Mr. Walker, would you like to respond to the questions? **[00:51:00] Zach Walker (City Manager):** Regarding group homes, state law preempts most local zoning; we cannot simply ban them. For the "non-essential" services, facilities like the Ice Arena and Arts Center enhance community quality of life, and there are rarely private operators who can provide those at an accessible rate. Regarding the valuation process, Tim Bulger is here, but valuations are driven by comparative sales over an 18-month window. As for "gimmicks," we are audited annually and have a Triple-A credit rating from all three agencies. We cut 23 staff positions in 2020 and have not restored most of them. The 1.3% non-safety portion of the increase is largely for standard wage and benefit growth in a collective bargaining environment. **[00:56:00] Councilmember Jenna Carter:** It's offensive to hear that professional staff is "using gimmicks." They’ve spent six months engaging the community. We aren’t immune to inflation for gas and vehicles. I take public safety very seriously. **[01:03:00] Mayor Tim Busse:** I’ll look for action on the budget. **[01:03:10] Councilmember Dwayne Lowman:** Move to adopt the resolution for the final 2023 General Fund budget. [Second by Dallessandro; passes 6-0, Nelson absent]. **[01:03:45] Councilmember Dwayne Lowman:** Move to adopt the resolution establishing the final tax levy for the year 2023. [Second by Dallessandro; passes 6-0]. **[01:04:20] Mayor Tim Busse:** Item 4.2: Capital Improvement Plan (CIP). Ms. Economy-Scholler. **[01:04:40] Lori Economy-Scholler (Finance Director):** The CIP is a 10-year planning tool. For 2023, we have $36 million in spending, primarily pavement management. We have increased the placeholder for the Community Health and Wellness Center to $100 million due to material costs. Being in the CIP does not guarantee a project; it still requires future Council approval for funding. **[01:08:45] Mayor Tim Busse:** Public hearing for Item 4.2. **[01:09:15] David Clark (on phone):** The cost of the community center went from $75 million to $100 million. Residents haven't had a chance to understand the scope or how it will be funded operationally. **[01:10:45] Mayor Tim Busse:** I’ll close the public hearing. [Passes 7-0]. **[01:11:30] Councilmember Shawn Nelson:** This community center has been discussed for years. There was a task force in 2014-2016. The location changed specifically because we listened to residents who didn't like the previous proposed site. **[01:13:45] Councilmember Lona Dallessandro:** If we use a local option sales tax, much of that cost comes from visitors, not residents. That's a good way to fund these large projects. **[01:15:30] Councilmember Robertson:** Move to approve the CIP for 2023-2032. [Second by Dallessandro; passes 7-0]. **[01:16:30] Mayor Tim Busse:** Item 4.3: Liquor License for Friendship Village. **[01:16:45] Doug Junker (Licensing):** This is for the 8100 building at Friendship Village for three internal restaurants. It's a bit of a rarity for senior living, but everything checks out. **[01:18:30] Mayor Tim Busse:** Public hearing. [No speakers]. I’ll move to close the hearing and approve the license. [Second by Carter; passes 7-0]. **[01:19:45] Mayor Tim Busse:** Item 4.4: Plat for Bloomington Central Station. **[01:20:00] Nick Keil (Planning):** This combines two lots near the Hyatt Hotel for a parking ramp development. [Public hearing held; no speakers. Motion by Dallessandro, Second by Robertson; passes 7-0]. **[01:23:45] Mayor Tim Busse:** Item 4.5: TIF for Apple House. **[01:24:00] Jason Schmidt (Port Authority):** This is to redevelop the blighted former gas station at 9000 Penn Avenue. The project includes a 2,400 square foot addition to the restaurant. The TIF district would capture the increased tax capacity to pay off the redevelopment costs. **[01:28:45] Councilmember Lona Dallessandro:** So, currently the lot pays $7,000 in taxes, and after this, it will eventually pay $60,000? **[01:29:30] Jason Schmidt (Port Authority):** That’s correct. **[01:31:00] Brian Selig (Resident):** Does the TIF put a burden on the citizens for utility changes or curbing? **[01:31:30] Nick Keil (Planning):** No, those costs are born by the project package. **[01:34:15] Councilmember Lona Dallessandro:** I’ll move the TIF resolution for the Apple House project. [Second by Carter; passes 7-0]. **[01:35:15] Mayor Tim Busse:** Item 4.6: Lawful Gambling Regulations. **[01:35:40] Melissa Manderschied (City Attorney):** We are proposing three changes: increasing the "trade area" requirement (money spent locally) from 30% to 50%, expanding gambling eligibility to restaurants throughout the Mall of America (previously limited to the 4th floor), and increasing the permit cap per organization from three to four locations. **[01:38:00] Councilmember Jenna Carter:** Why 50%? Could we go higher, like 60%? **[01:38:30] Melissa Manderschied (City Attorney):** We felt 50% was a balance. Some organizations with a statewide reach said anything over 60% would be very difficult. **[01:42:30] Councilmember Jenna Carter:** I would move the ordinance but with a change to increase the required trade area expenditure to 60%. **[01:43:00] Councilmember Nathan Coulter:** Second. [Passes 7-0]. **[01:46:15] Mayor Tim Busse:** Item 4.7: THC Product Licensure. **[01:46:30] Melissa Manderschied (City Attorney):** This establishes a $175 annual license for selling THC edibles and seltzers. It requires a fixed place of business (no mobile sales), a 500-foot setback from schools, and compliance checks similar to tobacco. It also prohibits sales in exclusive liquor stores per current state law. **[01:49:15] Councilmember Lona Dallessandro:** Why the liquor store prohibition? **[01:49:30] Melissa Manderschied (City Attorney):** State statute only allows them to sell a specific list of items. THC is not on that list yet. **[01:52:15] Brian Selig (Resident):** Why introduce another harmful device into the community? Why not just ban it? **[01:53:45] Mayor Tim Busse:** I’ll move to close the public hearing. [Passes 7-0]. This is a measured approach. It’s already legal at the state level; this gives us a way to regulate it and keep it away from minors rather than letting it be the "Wild West." **[01:57:30] Councilmember Lona Dallessandro:** I’ll move to adopt the THC ordinance. [Second by Robertson; passes 7-0]. **[01:59:00] Mayor Tim Busse:** 5.1: Policy Issue Update. We had our listening session. The D-Line bus rapid transit opened Saturday. Artistry canceled their seasonal production but is still doing "Gifts in the Gallery." We will now move into closed session for Item 5.2. [Roll call vote; passes 7-0]. **[Meeting resumes in Open Session at 11:15 PM]** **[02:15:00] Mayor Tim Busse:** We are back in open session. Based on our conversations in closed session, I would move to authorize and direct staff to negotiate with Shafer for the purchase and development of 700 American Boulevard West. **[02:15:15] Councilmember Dwayne Lowman:** Second. **[02:15:20] Priyanka Rai (Council Secretary):** [Roll call vote taken; passes 6-0, Coulter absent]. **[02:15:45] Mayor Tim Busse:** That completes our business. I'll look for a motion to adjourn. [Second; passes 6-0]. We are adjourned.