August 15, 2024 Bloomington Planning Commission Meeting
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EVENING AND WELCOME TO THIS AUGUST 15TH MEETING OF THE BLOOMINGTON COMMISSION . THE PLANNING COMMISSION ADVISES THE CITY COUNCIL ON DEVELOPMENT PROPOSALS DEVELOPMENT STANDARDS, LONG RANGE PLANNING AND TRANSPORTATION ISSUES. THE PLANNING COMMISSION IS MADE UP OF SEVEN VOLUNTEER RESIDENTS OF THE CITY OF BLOOMINGTON. EACH PLANNING COMMISSIONER HAS BEEN APPOINTED BY THE CITY COUNCIL TO SERVE A THREE YEAR TERM WITH A TWO TERM LIMIT ON SOME ITEMS. THE PLANNING COMMISSION HAS FINAL DECISION MAKING AUTHORITY WHILE IN OTHER ITEMS WE ARE AN ADVISORY COMMISSION AND THE CITY COUNCIL WILL MAKE THE FINAL DECISION. WE DO WELCOME TESTIMONY ON OUR PUBLIC HEARINGS THIS EVENING WHICH WE DO HAVE A OF . SO IF YOU'RE AT CITY HALL OR WOULD LIKE TO COME SEE US, WE CERTAINLY WELCOME YOUR TESTIMONY HERE AT THE PLANNING COMMISSION. WE HAVE FIVE COMMISSIONERS PRESENT SO WE DO HAVE A QUORUM. OUR FIRST ITEM OF BUSINESS THIS EVENING IS THE PLEDGE OF ALLEGIANCE. ALL RISE. 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 . OKAY. ITEM NUMBER ONE THIS EVENING IS A PUBLIC HEARING FOR A MAJOR REVISION TO PRELIMINARY AVAILABILITY PLANS. MR. MARKET OCCURRED. WILL YOU BE EXPLAINING THIS ONE FOR US? YES CAPTAIN. COMMISSIONERS THIS ITEM WE DO HAVE A REQUEST FROM THE APPLICANT TO THE ITEM FOR TWO WEEKS TO YOUR NEXT MEETING AUGUST 29TH AND THE HEARING WAS OPENED AT YOUR LAST OR THE PREVIOUS MEETING SO THAT REMAINS OPEN TO THE STAFF IS RECOMMENDING CONTINUANCE IN ALIGNMENT WITH THE REQUEST OF THE APPLICANT. OKAY I WILL ASK IF THERE'S ANY ONE OF THE CHAMBERS WHO DOES WANT TO PROVIDE TESTIMONY THIS EVENING ON THIS ITEM SAYING NO ONE COMING FORWARD. I WILL LOOK THEN FOR A MOTION TO CONTINUE ITEM COMMISSIONER ALBERT THANK YOU CHAIR I MOVE TO CONTINUE ITEM P.L. 2024-102 SECOND WE HAVE A MOTION AND A SECOND TO CONTINUE THIS ITEM TO A FUTURE MEETING. ANY FURTHER DISCUSSION ALL THOSE IN FAVOR SAY I OPPOSED OKAY THAT WILL MOVE FORWARD THEN WITH A VOTE OF FIVE ZERO TO THE AUGUST 29TH PLANNING COMMISSION MEETING WITH THAT THEN WE'LL MOVE ON TO ITEM TWO WHICH IS A CITY CODE AMENDMENT FOR CANNABIS BUSINESS STANDARDS AND WE EXPECT YOU OF THAT REPORT. GOOD EVENING. I AM HERE WITH MATT BREWER WHO IS OUR DEPUTY CITY CLERK AND WE ARE HERE TO UPDATE YOU ABOUT CANNABIS CITY CONTAMINANTS. SO FIRST THE AGENDA WILL GIVE SOME BACKGROUND TALKING ABOUT SOME OF THE LIKE STATEWIDE STUFF THAT WE TALKED ABOUT LAST TIME. WE'LL TALK ABOUT TIMELINE OF WHEN WE'RE TO CITY COUNCIL WHEN WE'VE BEEN TO PLANNING COMMISSION. THEN WE'LL GO THROUGH THE ZONING CODE CHANGES. MATT WILL ABOUT SOME LICENSING UPDATES. WE'LL TALK ABOUT CORRESPONDENCE AND THEN QUESTIONS AND WE'LL GO TO THE RECOMMENDATION. OKAY SO SOME BACKGROUND SO ADULT USE CANNABIS WAS LEGALIZED AUGUST 2023 AND THE OFFICE OF CANNABIS MANAGEMENT WAS ESTABLISHED BY THE STATE. CANNABIS BUSINESSES WILL BE LICENSED BY THE OCM AND WILL REGISTER WITH CITIES. BASICALLY THE STATE SAYS THAT LOCAL GOVERNMENT CAN ADOPT REASONABLE RESTRICTIONS. THEY CAN REGULATE A FEW DIFFERENT THINGS SUCH AS GENERAL ZONING AND PERFORMANCE STANDARDS, THE NUMBER OF RETAIL LOCATIONS AND BUFFER REQUIREMENTS REQUIREMENTS. SO QUICK TIMELINE. SO WE VISITED ADVISORY BOARD HEALTH A COUPLE OF TIMES. WE WERE HERE AT PLANNING COMMISSION FOR A STUDY SESSION IN MAY. THEN WE CONTINUED OUR PUBLIC HEARING AND WE ARE GOING TO GO BACK TO CITY COUNCIL FOR ANOTHER STUDY SESSION AND OUR PUBLIC HEARING DATE FOR THAT IS CURRENTLY UNKNOWN BUT WE ARE THINKING THE END OF . AND THEN JUST A QUICK NOTE THAT THE PUBLIC HEARING TONIGHT IS ONLY FOR THE CHANGES TO CHAPTER 19 AND 21. SO IT'S NOT. SO MATT IS GOING TO TALK ABOUT LICENSING STUFF LIKE BUFFERS AND REGISTRATION RESTRICTIONS BUT THAT IS NOT ACTUALLY THE PLANNING COMMISSION'S PURVIEW. SO WHEN YOU MAKE A RECOMMENDATION IT WILL JUST BE ABOUT CHANGES TO CHAPTER 19 AND 21 WHICH I WILL TALK ABOUT RIGHT NOW. BUT HERE IS KIND OF A SUMMARY OF THE CHANGES THAT WE MADE TO THE ZONING CODE CODE. SO ONE OF THE BIG ONE OF THE BIG CHANGES IS OUR USE TAPES. SO MANY OF THE STATE LICENSE THAT THE STATE IS PUTTING OUT FIT UNDER EXISTING USES. SO FOR EXAMPLE A CANNABIS WOULD FALL UNDER A GENERAL RETAIL SALES AND SERVICES USE AND THAT WOULD BE ALLOWED IN THE SAME DISTRICTS WITH THE SAME PERMISSIONS AS OTHER RETAILERS. AND THEN ANOTHER POINT ON TO CLARIFY IS AT LICENSE TYPE DOESN'T NECESSARILY EQUAL THE USED TYPE. SO FOR EXAMPLE UNDER THE MEDICAL CANNABIS COMBINATION LICENSE YOU CAN HAVE A MANUFACTURING BUSINESS AND A RETAIL BUSINESS LIKE IN TWO DIFFERENT CITIES. AND SO WE'RE GOING TO BASE THE USE TYPE ON WHATEVER BUSINESS AT A SPECIFIC STATE HERE. AND THEN SO BASICALLY WE ARE CREATING THREE NEW USE TYPES THE CANNABIS COMBINATION CANNABIS MANUFACTURER AND CANNABIS TESTING FACILITY BECAUSE. WE BELIEVE THOSE THINGS REQUIRE EXTRA REVIEW SO THIS SITE EXPLAINS THE DISTRICTS APPROVAL TYPES FOR THE NEW USES CANNABIS COMBINATION BUSINESSES ARE A CONDITIONAL USE ONLY IN THE TRANSITIONAL INDUSTRIAL DISTRICT CANNABIS MANUFACTURING AND CANNABIS TESTING FACILITY ARE ALLOWED IN THE SAME DISTRICTS AS LIKE THE GENERAL MANUFACTURING AND TESTING FACILITIES USE BUT CONDITIONAL USES FOR ADDITIONAL REVIEW. AND THEN ALSO WE ADDED A LOW POTENCY EDIBLE MANUFACTURING AS A CUSTOMARILY INCIDENTAL USE TO LIKE BREWERIES AND BREWPUBS ETC. BECAUSE THE STATE SAID THAT THIS TYPE OF MANUFACTURING SHOULD BE ALLOWED WHERE THIS IS CURRENTLY LIKE ALCOHOL, LIKE BEER . WE ALSO ADDED FOUR NEW DEFINITIONS THAT'S WRONG BUT WE BASICALLY ADDED THE DEFINITIONS FOR THE NEW USE TYPES INTO OUR DEFINITIONS AND THEN JUST AS AN UPDATE FOR YOU STANDARDS, WE HAVEN'T FINALIZED THESE YET. WE ARE STILL KIND OF WAITING FOR THE STATE TO FINALIZE STUFF AND THIS SECTION IS JUST GOING TO BE RESERVED FOR RIGHT NOW AND WHEN WE HAVE CHANGES FOR WE WILL BRING THAT BACK TO YOU. AND THEN LASTLY FOR ZONING CHANGES WE HAVE SOME DELETIONS AND THESE ARE BASICALLY JUST ALL THE AREAS WHERE THERE ARE REFERENCES TO MEDICAL MARIJUANA AND DISTRIBUTION LIKE PERFORMANCE STANDARDS DEFINITION AND USE TABLES. AND NOW MATT WILL GIVE YOU A QUICK UPDATE ABOUT LICENSING STUFF. REMEMBER AS THE COMMISSION HEARD FROM THE CITY CLERK'S OFFICE, A DEPUTY CITY CLERK, A LICENSING AREA. SO AS EMILY MENTIONED, THE REGULATIONS THAT WILL BE CONTAINED OR THE UPDATES ON THE REGULATIONS WILL BE IN THE NEXT FEW SLIDES. THESE WILL ALL BE HOUSED IN CITY CODE CHAPTER 14 WHICH COVERS ALL LICENSES PERMITS. THAT ORDINANCE IS STILL BEING FINALIZED AS THE OCM COMPLETES THEIR RULEMAKING PROCESS. A FIRST DRAFT OF THE RULEMAKING WAS JUST RELEASED ABOUT TWO WEEKS AGO. SO MANY CITIES ARE KIND OF IN THE SAME BOAT. THEIR ZONING ORDINANCES ARE READY TO GO BUT. SOME OF THE LICENSING PIECES ARE STILL COMING TOGETHER AS WE AWAIT MORE INFORMATION FROM STATE. SO LIKE EMILY SAID THAT THAT THAT PART IS THAT THESE ITEMS ARE NOT PART OF THE PUBLIC HEARING TONIGHT BUT WE DO WANT TO PROVIDE AN UPDATE SINCE WE DID SEEK THE PLANNING COMMISSION'S FEEDBACK BACK IN MAY AND THEN WE WANT TO KIND OF USE THIS TO SET THE TABLE FOR THE COUNCIL. SO I THINK IF YOU DO HAVE ANY SORT OF QUESTIONS OR THOUGHTS ON ANY OF THE UPDATES THAT I'M PROVIDING, YOU MIGHT BE ADVISABLE IN TERMS OF PROCESS JUST TO HOLD THOSE UNTIL AFTER THE PUBLIC HEARING AND THEN WE COULD COME BACK AND ADDRESS ANY QUESTIONS ON THAT. SO THE OCM ADMINISTERS CANNABIS BUSINESS LICENSES THAT ALL ALL RETAIL CANNABIS AND HEMP EDIBLE BUSINESSES MUST REGISTER WITH THE CITY CITIES MAY LIMIT THE NUMBER OF CANNABIS RETAILERS TO NO FEWER THAN ONE REGISTRATION FOR EVERY 12,500 RESIDENTS. SO FOR BLOOMINGTON'S CURRENT POPULATION THAT WOULD BE SEVEN. THE PLANNING COMMISSION NOT RECOMMEND A REGISTRATION LIMIT FELT THAT THE MARKET COULD SORT OF SORT THAT OUT. THE ADVISORY BOARD OF HEALTH AND CITY COUNCIL WERE MORE OPEN TO ADOPTING REGISTRATION LIMITS. ANOTHER NOTE ON THAT THAT THE STATE THE STATE IN THE 2024 LEGISLATIVE SESSION THEY UPDATED THE STATE LAW TO INITIALLY BASICALLY SET LIMITS AT THE STATEWIDE LEVEL THEY'RE ONLY GOING TO ISSUE 250 A MAXIMUM OF 250 RETAIL LICENSES PRIOR TO JULY FIRST 20 2026 ANYWAYS SO THAT LIMIT STATEWIDE THE NUMBER OF REGISTRATIONS THAT ARE ISSUED I WON'T READ THROUGH THE LICENSING PROCESS UP THERE. YOU'VE SEEN THAT SLIDE BEFORE AT OUR LAST UPDATE BUT THAT IS BASICALLY THE PROCESS WHICH CANNABIS BUSINESSES START WITH WITH THE OCM THEY CONFIRM ELIGIBILITY FOR THE LOCATION WITH THE CITY AND THEN OCM ISSUES THE LICENSE. ONE OF THE ITEMS WE SAW AT THE PLANNING COMMISSION'S INPUT ON BACK IN MAY WAS THE BUFFER DISTANCES. SO IN THIS SLIDE YOU'RE WHAT WHAT THE MAXIMUM IS ALLOWED BY STATE STATUTE. AND THEN JUST FOR REFERENCE SOME OF THE EXISTING USE BUFFERS THAT ARE CURRENTLY IN CITY CODE FOR THE EXISTING HEMP BUSINESSES, LIQUOR STORES, MEDICAL MARIJUANA DISTRIBUTION FACILITIES AND AND TOBACCO WHICH DOES NOT HAVE BUFFERS. WE'VE SHOWED A OF THIS MAP IN AT THE PRESENTATION BACK IN MAY. THIS AN ANALYSIS OF THE THE SCHOOL BUFFERS AROUND SCHOOLS IN THE AREA AROUND LYNDALE AND 98TH NICOLLET AND 98TH. SO KIND OF THE LOWER LEFT OF THE MAP IS NATIVITY SCHOOL IN THE UPPER RIGHT IS KENNEDY HIGH SCHOOL THE CIRCLES YOU SEE REPRESENT A 300 FOOT, 500 FOOT AND 1000 FOOT BUFFER. AND THAT'S JUST TO PROVIDE VISUALIZATION OF BASICALLY IF THE IF ONE OF THOSE DISTANCES WERE CHOSEN, THAT'S KIND OF THE THE SCALE OF IMPACTS OF WHICH COMMERCIAL PROPERTIES THAT FOR IN ZONING DISTRICTS THAT ALLOW FOR RETAIL SALES WOULD POTENTIALLY BE MADE INELIGIBLE BY CHOOSING A CERTAIN BUFFER DISTANCE. ALSO DID ANALYSIS OF PARK BUFFERS. INTERESTINGLY SO THE CITIES ARE ALLOWED TO INSTITUTE BUFFERS AROUND PARK ATTRACTIONS WHERE CHILDREN ARE PRESENT BASICALLY PLAYGROUNDS AND ALL MANNER OF BALL FIELDS AND ATHLETIC FIELDS. SO OUR LUCKILY FOR BLOOMINGTON OUR AIR STAFF AND PARKS DEPARTMENT HAD RECENTLY COMPLETED AN INVENTORY AND MAPPING OF ALL OF ALL OF THOSE AMENITIES. SO IT'S REALLY EASY FOR US TO HAVE OUR STAFF PLUG THOSE IN CITYWIDE. THE REALLY ISN'T A LOT OF THERE REALLY AREN'T A LOT OF AREAS WHERE THE 500 FOOT 500 FOOT BUFFER AROUND A PARK AMENITY AND A ZONING DISTRICT THAT ALLOWS FOR RETAIL SALES CITYWIDE THESE ARE ONLY TWO AREAS WHERE THERE ACTUALLY WAS AN OVERLAP MOST OUR PARKS ARE KIND OF NESTLED IN MORE RESIDENTIAL AREAS WHERE THEY'RE JUST NOT NEAR COMMERCIAL AREAS. SO IF THE POINT OF THIS ANALYSIS IS BASICALLY IF THE CITY WERE TO INSTITUTE A BUFFER AROUND PARKS, THESE WOULD BE THE TWO COMMERCIAL AREAS THAT MAY BE UNABLE TO TO LEASE SPACE TO A CANNABIS RETAILER RECOMMENDATIONS WE SOUGHT RECOMMENDATIONS THE PLANNING COMMISSION, THE ADVISORY BOARD OF HEALTH AND THEN THE CITY WILL BE BRINGING IT WILL BE GOING BACK TO THE CITY COUNCIL ON THE 26TH TO KIND OF GET THEIR FINAL RECOMMENDATION BEFORE WE DRAFT THE ORDINANCE AND BRING THAT FOR A PUBLIC HEARING AT THE CITY COUNCIL IN SEPTEMBER. THERE WERE A FEW SINCE I TOOK OVER THE WRITING OF THE THE REGISTRATION ORDINANCE AND THROUGH THE STATES RULEMAKING PROCESS A COUPLE OF NEW ISSUES HAVE BEEN IDENTIFIED THAT WE JUST PREVIOUSLY HADN'T DISCUSSED WITH POLICYMAKERS. ONE OF THOSE WAS RETAIL HOURS OF OPERATION THE STATE STATUTE ALLOWS CANNABIS RETAIL BETWEEN THE HOURS OF 8 A.M. AND 2 A.M. CITIES ARE ALLOWED TO THAT FURTHER I BELIEVE AT THIS TIME THE STAFF RECOMMENDATION IS GOING TO BE TO MIMIC OUR CURRENT LIQUOR STORE HOURS AS CLOSELY POSSIBLE SO THAT WHAT YOU'RE WHAT YOU SEE ON THE SCREEN THERE IS WHAT WE WOULD RECOMMEND ALSO IN THE ORDINANCE ALLOWS FOR ON CONSUMPTION OF THE HEMP THE HEMP EDIBLES AND HEMP BEVERAGES THAT HAVE BEEN ON THE MARKET FOR THE PAST FEW YEARS. SO SOMETHING DIFFERENT THAN THE MOSTLY WHAT WE'RE TALKING ABOUT HERE IS KIND OF FULL BLOWN CANNABIS DISPENSARY RETAIL. THIS WOULD BE THAT LAST BULLET POINT RELATES TO THE HEMP PRODUCTS THAT HAVE BEEN ON THE MARKET SINCE 2022 SOMETIMES CALLED LOW POTENCY HEMP, LOWER POTENCY HEMP EDIBLES AND ALSO COMES IN BEVERAGE FORM THE THE STATE THE STATE STATUTE WILL NOW LIMIT ONSITE CONSUMPTION TO OF THOSE PRODUCTS TO PLACES WITH AN ON SALE LIQUOR LICENSE AND FOR THOSE WE WOULD SIMPLY MATCH THE HOURS FOR ON SALE LIQUOR TO NOT ANY CONFLICTS THERE AND THEN MY LAST SLIDE IS JUST A KIND OF A RECAP ON SORT OF THE DIFFERENCE WE'VE MOSTLY TALKING LIKE I SAID WE'VE ALSO BEEN TALKING ABOUT CANNABIS RETAIL. WE ALSO HAVE EXISTING HEMP EDIBLE RETAIL WHICH INCLUDES THE SELTZER BEVERAGES THAT ARE OUT THERE NOW THESE WERE LEGALIZED BACK IN 2022. THOSE BUSINESSES MOST OF THE CURRENTLY ARE REQUIRED TO REGISTER WITH THE CITY. THEY WILL CONTINUE TO HAVE TO REGISTER WITH THE CITY AND WITH THE STATE. WHAT'S CHANGING BASICALLY IS THAT THE OFFICE OF CANNABIS MANAGEMENT IS TAKING THAT OVER . THOSE PRODUCTS ARE SOLD AT A NUMBER OF DIFFERENT RETAIL OUTLETS FROM GROCERY STORES, HARDWARE STORES TO PLACES LIKE BARS AND RESTAURANTS FOR FOR ONSITE CONSUMPTION CITIES. ANOTHER NEW PIECE OF INFORMATION THAT WE LEARNED WAS THAT CITIES COULD ADOPT DIFFERENT STANDARDS FOR THOSE HEMP EDIBLE RETAILERS THAT ARE OUT THERE INCLUDING PERHAPS DIFFERENT BUFFER DISTANCES THAN FROM THE KIND OF FULL BLOWN CANNABIS DISPENSARY RETAIL AND THEN ANOTHER NEW PIECE OF INFORMATION WAS THAT CITIES MAY ACTUALLY LIMIT THOSE PRODUCTS TO EXCLUSIVE 21 PLUS ESTABLISHMENTS SUCH AS LIQUOR AND STORES. SO THAT'S ANOTHER THAT'S ANOTHER ITEM THAT WILL BE A DISCUSSION POINT WITH THE CITY COUNCIL A LITTLE BIT LATER THIS MONTH. THAT'S ALL I HAVE FOR YOU AND LIKE SAID, WE MAY WANT TO HOLD ANY QUESTIONS ON THOSE ITEMS AFTER YOU'VE CONDUCTED THE PUBLIC HEARING ON THE ZONING CODE CHAPTERS. THANKS. THANK YOU, MATT. SO LASTLY I WANTED TO TALK ABOUT SOME OF THE CORRESPONDENCE WE RECEIVED. SO INCLUDED IN YOUR PACKET WAS A LETTER TO THE CITY COUNCIL FROM THE ADVISORY BOARD OF HEALTH THAT WAS ASKING FOR MAXIMUM BUFFER SETBACKS THAT'S NOT REALLY RELEVANT TO YOUR APPROVAL BUT WE WANTED YOU ALL TO SEE THAT AND THEN ALSO WE RECEIVED TWO LETTERS FROM LARKIN HOFFMANN ON BEHALF OF VIREO HEALTH OF MINNESOTA. THE FIRST ONE WAS INCLUDED IN YOUR POCKET. AND THEN THE SECOND ONE WAS EMAILED YOU TWO TO YOU TODAY. AND YOU SHOULD ALSO HAVE IN FRONT OF YOU. SO THESE LETTERS WERE ASKING THAT WE MAKE SOME UPDATES TO THE ORDINANCE AND IS AT ITS WERE ADDRESSED IN THE STAFF MEMO AND WE CHANGED THE RECOMMENDATION TO ACCOUNT FOR THAT VIREO HEALTH IF YOU DON'T KNOW IS AN EXISTING MEDICAL CANNABIS IN BLOOMINGTON. AND SO THEY HAD SOME SUGGESTED EDITS WITH HOW THE LICENSE TYPES WERE CLASSIFIED AS USES AND LANGUAGE SURROUNDING THAT. YOU HAVE THE EDITS FRONT OF YOU IN YOUR PACKET BUT IF YOU HAVE QUESTIONS ABOUT THAT FEEL FREE ASK ME. AND THEN YEAH. WHAT QUESTIONS DO YOU ALL HAVE? THANK YOU, MR. SPEAKER. MR. BILL ARTZ QUESTIONS FOR STAFF. FISHER CURRY THANK YOU, CHAIR . YOU KNOW, I GUESS MY THE THING I'M GUESSING MOST MINDFUL OF IN THIS IS THIS LIKE THE STATES SORT OF ACCIDENTALLY PASSED A SALES OF SOMETHING BEFORE THEY ALLOWED A RETAIL OR RECREATIONAL SALES OF CANNABIS THEY ALLOWED SOMETHING SIMILAR TO IT SOMEHOW ACCIDENTALLY I DON'T KNOW I DON'T EVEN KNOW HOW TO DESCRIBE IT BUT MY MAIN THING IS LIKE WHAT WHAT IN OUR ZONING REGULATIONS KIND OF PRECLUDES THE ABILITY TO SELL DO WE HAVE ANYTHING THAT KIND OF PRECLUDES THE ABILITY TO SELL BOTH THE REGULATED CANNABIS AND THIS OTHER PRODUCT IN THE SAME PLACE SO THAT PEOPLE ACTUALLY KNOW WHAT THEY'RE BUYING? IS THERE ANYTHING IN THAT? COMMISSIONER CURRY DO YOU MEAN LIKE THE BEST PRODUCTS AND OR OR WHAT OTHER LIKE PRODUCTS? YEAH, GOOD QUESTION. THE THING IS I DON'T KNOW I THINK THE BECAUSE THERE'S STUFF THAT PEOPLE CAN BUY AT GAS STATIONS AS MY UNDERSTANDING AND THEN WE'RE TALKING ABOUT MORE REGULATED CANNABIS. RIGHT. SO I DON'T KNOW IF THE STUFF SOLD AT GAS STATIONS IS THIS LOW POTENCY HEMP OR SOMETHING DIFFERENT BUT IT JUST SEEMS TO ME THAT THERE'S THIS ODD PRODUCT THAT THE STATE ESSENTIALLY ACCIDENTALLY ALLOWED TO BE LEGAL IS SOLD AT GAS STATIONS. WE SHOULD MAKE IT CLEAR TO CONSUMERS THAT IT'S YOU THAT THERE'S A DIFFERENTIATION BETWEEN THE TWO THAT SEEMS LIKE THE ZONING COULD BE A GOOD WAY TO DO THAT BECAUSE THIS OTHER STUFF IS JUST SOLD KIND OF EVERYWHERE. MR. CHAIR KERSHAW CORY, I THINK I CAN PROVIDE SOME CLARIFICATION ON THAT PERHAPS NOT ENTIRELY, BUT SO YOU'RE CORRECT THAT THE PRODUCTS THAT ARE ARE ON THE MARKET TODAY WOULD BE CLASSIFIED BY THE STATE AS A LOWER POTENCY HEMP PRODUCT. SO THAT'S WHAT'S OUT THERE IN TOBACCO STORES, GAS STATIONS, STORES AND EVEN EXTENDING TO THE LIKE SELTZER BEVERAGE YOU MIGHT FIND AT A AT A AT A RESTAURANT. I DID MENTION THAT. SO THE CITY MAY HAVE SOME ABILITY TO LIMIT THOSE PRODUCTS TO 21 PLUS ESTABLISHMENTS THAT THAT WOULDN'T BE DONE THROUGH THE ZONING CODE THOUGH THAT WOULD BE DONE THROUGH THE THE REGISTRATION ORDINANCE WE COULD LIMIT IN THE IN THE REGISTRATION ORDINANCE WE WOULD HAVE THE CITIES HAVE THAT ABILITY IF DESIRED TO TO LIMIT THOSE PRODUCTS TO 21 PLUS ENVIRONMENTS. LET'S JUST SAY THEY ARE IN STATUTE CURRENTLY UNDER THE LAW THAT LEGALIZED THEM BACK IN 2022 AND IN THE CANNABIS ORDINANCE LOWER POTENCY HEMP PRODUCTS THEY DO HAVE TO BE THE COUNTER THEY'RE NOT THEY'RE NOT ALLOWED TO BE SORT OF SELF-SERVE SERVE WHEN YOU GO INTO A STORE THEY SHOULDN'T BE DISPLAYED IN THAT MANNER. ALL PRODUCTS HAVE TO BE EITHER IN A LOCKED CASE OR KIND OF BEHIND A COUNTER WHERE A CUSTOMER CAN'T ACCESS THEM WITH I THE EXCEPTION OF LIKE AT A LIQUOR STORE BEVERAGES FOR CUSTOMERS CAN GRAB A SIX PACK THEMSELVES. SO THAT THAT'S KIND OF THE CURRENT THE CURRENT AND ONGOING WITH WITH THOSE PRODUCTS. FURTHERMORE I CAN SAY THAT THE SO WITH THE CANNABIS RETAIL THE THE FULL DISPENSARY RETAIL THOSE ARE THOSE WILL OPERATE MORE LIKE LIQUOR STORES THEY WON'T SELL OTHER THEY WILL SELL CANNABIS AND OTHER YOU KNOW PLANT DERIVATIVE FLOUR AND EDIBLE PRODUCTS KIND OF EXCLUSIVELY IN THE SAME WAY THE LIQUOR STORE BASICALLY ONLY SELLS LIQUOR AND BEER THE LOWER POTENCY HEMP EDIBLE IS MAYBE MORE OF A PARALLEL TO LIKE THREE TO BEER WHERE IT CAN BE SOLD IN GAS STATIONS AND GROCERY WITH THE CAVEAT THAT IT DOES HAVE TO BE BEHIND A COUNTER. IT SHOULDN'T BE OUT ON THE SHELVES WHERE ANYONE CAN GRAB IT. OKAY. I GUESS YEAH. MAYBE I'M THINKING ABOUT INCORRECTLY THEN. OKAY. APPRECIATE THE CLARITY. OTHER QUESTIONS FOR STEPH. OKAY. THANK YOU VERY MUCH. THE CITY IS THE APPLICANT HERE SO WE WON'T HAVE AN APPLICANT TO SPEAK AND SO I WILL OPEN PUBLIC HEARING AND ASK IF THERE'S ANYONE HERE IN THE CHAMBERS WHO WOULD LIKE TO SPEAK ON THIS ITEM. SEE NO ONE STEPPING FORWARD. MR. MACGREGOR DO WE HAVE ANYBODY ONLINE WHO WISHES TO SPEAK? JARED COOKED IN NOBODY ON LINE TO SPEAK. VERY WELL THEN I'LL LOOK FOR A MOTION TO CAUSE A PUBLIC HEARING SO MOVED A SECOND EMOTION AND A SECOND TO CAUSE A PUBLIC HEARING. ANY DISCUSSION? ALL THOSE IN FAVOR SAY HEY I OPPOSED THAT MOTION PASSES AND WE WILL MOVE ON TO DISCUSSION ROBERT. THANK YOU CHAIR. I DIDN'T HAVE ANY QUESTIONS REGARDING THE ZONING UPDATE CHANGES. I THINK THOSE ARE FAIRLY SELF-EXPLANATORY. I DO HAVE A LOT OF QUESTIONS ABOUT THE LICENSING SO AND I KNOW WE'RE KIND OF TABLING THAT FOR NOW BUT I DO HAVE SOME QUESTIONS ON THAT SO I DON'T KNOW WHAT IS APPROPRIATE . THINK THAT WOULD BE FINE? ALL RIGHT, GREAT. I HAVE A COUPLE QUESTIONS ABOUT LICENSING. I'LL GET MY FIRST QUESTION IS IS THERE A TOBACCO LICENSE? I ASSUME THERE'S A TOBACCO LICENSE LIMIT AND WE'VE HIT THAT LIMIT SO NO NEW PERMITS CAN BE PROVIDED. WHAT IS THAT LIMIT AND HOW IS THAT CALCULATED? THE CHAIR MEMBERS OF THEO THE FOUR TOBACCO LICENSES THE CITY COUNCIL A FEW YEARS AGO ACTUALLY SUNSET THE ISSUANCE OF TOBACCO LICENSE SO THERE'S NOT A CAP ON THE THEY ACTUALLY DO THE CITY IS JUST NOT ISSUING ANY NEW LICENSES. THERE'S LIMITATIONS ON THE TRANSFERRING OF LICENSES FROM BETWEEN OWNERSHIP BUT THERE NO NEW TOBACCO LICENSES CAN BE ISSUED IN THE CITY OF BLOOMINGTON I BELIEVE AND I DIDN'T I DIDN'T BRING THE RIGHT NOTEBOOK WITH ME BUT I LOOKED THIS UP RECENTLY. I THINK THERE WERE SOME ROUGHLY 80 SOME CURRENT TOBACCO LICENSES IN THE CITY. THANK YOU. I THINK I'LL START MY QUESTIONS THERE AND LET SOMEONE ELSE CHIME IN HERE. OKAY. ANY OTHER QUESTIONS OR COMMENTS? COMMISSIONER CURRIE YEAH. THANK YOU CHAIR. ACTUALLY MY ONE COMMENT IS I'M ACTUALLY A LITTLE STILL AS TO WHAT WE'RE ACTUALLY VOTING ON BECAUSE I MEAN I UNDERSTAND IT TO ME IT SOUNDS LIKE WE'RE JUST FOCUSING ON THE ZONING ORDINANCES RATHER THAN ANY SORT OF LICENSING DESPITE THAT WE WERE THAT WE WERE ASKED FOR FEEDBACK ON THAT PREVIOUSLY. SO JUST ZONING ORDINANCES, CORRECT? CORRECT. THANK YOU. THIS HAS BEEN YOU HAD A TABLE UP IN ONE OF YOUR SLIDES THAT HAD A FEW BOUNDARIES AND A FEW OTHER THINGS. COULD YOU GO BACK TO THAT THERE AND PERHAPS EXPLAIN SO YOU'VE GOT OUR DIFFERENT RECOMMEND. IT WAS THE PREVIOUS ONE THERE SO YOU'VE GOT THE RECOMMENDATIONS HERE. WHAT ARE WHAT IS WHAT IS BEING PROPOSED FOR US TO VOTE UPON THIS EVENING? CHAIR SO NONE OF THE THINGS IN THIS TABLE ARE WHAT YOU'RE MAKING RECOMMENDATION ON BECAUSE THIS IS BUFFERS FROM SENSITIVE USES AND ACTUALLY GOING TO LIVE IN THE LICENSING CODE . OKAY. SO GO AHEAD. WHAT ARE WE VOTING ON? YES. SO YOU ARE VOTING ON THESE FIVE ARE LIKE THIS IS A SUMMARY OF THE CHANGES THAT WE'RE MAKING TO THE ZONING CODE . SO IT WAS THE ADDITION THE USE TAPES MAKING THE DEFINITIONS FOR THESE TYPES, PUTTING THEM IN ZONING DISTRICTS AND APPROVAL TYPES YOU STANDARDS WHICH WE DON'T HAVE YET AND THEN DELETING THE IRRELEVANT PARTS OF THE CODE . THANK YOU AND FORGIVE IF YOU ALREADY STATED THIS IN YOUR PRESENTATION WERE THERE SUBSTANTIVE CHANGES FROM WE SAW IN THE STUDY ITEM? CHAIR NO, WERE NOT OTHER THAN MAYBE A FEW LANGUAGE THINGS WE HAVE CORRESPONDENCE EXACTLY. YEAH. OKAY. ROBERT THANK YOU CHAIR BASED ON THAT ADDITIONAL INFORMATION I AM FINE MOVING FOR FOR THIS. IS THERE GOING TO BE ADDITIONAL OPPORTUNITY TO ASK QUESTIONS ABOUT LICENSING OR WHAT HOW DO YOU WANT THIS FORMAT? I THINK WE SHOULD ASK ALL OUR QUESTIONS AND HAVE MOTION BE THE LAST THING WE DO. OKAY. ALL RIGHT THEN I WILL WAIT TO MAKE A MOTION. DO YOU HAVE QUESTIONS FOR SURE . THANK YOU. CHAIR, CAN YOU PLEASE GO BACK TO THAT SLIDE? THE ONE WITH THE FIVE BULLET POINTS? YEAH, BECAUSE I THINK, YOU KNOW, IT'S STILL A LITTLE CONFUSING THAT WE WENT OVER SO MANY DIFFERENT TOPICS AND IT WAS SUCH A BROAD DISCUSSION BEFORE. BUT WE ARE BASICALLY APPROVING THE USE TYPES WHICH YOU DEFINED EARLIER AND THEIR DEFINITIONS AND THE ZONING DISTRICTS. OKAY. YEP. AND IN TERMS OF THOSE ITEMS YOU ACCOUNT FOR OR IS I DON'T EVEN KNOW IF THIS IS INCLUDED AND WE WERE VOTING ON I GUESS DID YOU ACCOUNT FOR THE COMMENTARY FROM VIREO AND THEY'RE I GUESS OF ID AS TO THE POTENTIAL CONFLICT BETWEEN THESE DIFFERENT USE TYPES AND THE BENEFIT OF SEPARATING THEM OUT OR? COMMISSIONER CURRIE. YES WE DID. SO LIKE AND HOFFMANN ON BEHALF OF VIREO MADE SOME SUGGESTED CHANGES AND WE LOOKED AT THOSE CHANGES ADDED IN IN EDITED THEM SLIGHTLY AND IT'S NOW IN THE MOTION TO INCLUDE THOSE EDITS AND THE ORDINANCE STRUCTURE. OKAY. THANK YOU. COMMISSIONER, WE THANK YOU. THANK YOU, MR. CHAIR. I'M JUST TO CLARIFY AND MAKE SURE THAT I UNDERSTAND READING THE CORRESPONDENCE FROM AND WHAT YOU SAID EARLIER THE STATE LICENSE CATEGORIES ARE NOT NECESSARILY THE SAME. THE CATEGORIES THAT WERE THE USE TYPES AND DEFINITIONS THAT WERE DEFINING IN THE ZONING CODES HERE AND THAT WAS THE CONCERN I BELIEVE THAT WAS RAISED IN THE CORRESPONDENCE THAT WE RECEIVED TODAY SO BY BY ACKNOWLEDGING THAT THE DEFINITIONS THAT WE'RE USING ARE WHAT'S RELATED TO OUR ZONING HOW WE'RE ANSWERING THAT CONCERN IS THAT CORRECT? COMMISSIONER WHITE YES. AND ADDITIONAL ONLY THERE WERE A FEW ADDITIONS LIKE IN THE TABLE THAT HAD PARKING AND DEFINITIONS AND STUFF. YEAH. TO JUST NOT EXACTLY EQUATE EVERY ESTATE TO A LICENSE RECOGNIZING THAT ARE DIFFERENT USES THAT MAY FALL UNDER LICENSE AND NOT EVERY BUSINESS WOULD DO EVERY SINGLE USE THAT MAY BE ALLOWED IN LIKE A MEDICAL COMBITION BUSINESS. AND SO WE'LL BE SEEING WHAT'S PERMITTED OR NOT PERMITTED BASED ON THE ACTUAL USE OF A SPECIFIC SITE HERE. THANK YOU FOR THEIR QUESTIONS OR COMMENTS. MR.. ALBRECHT THANK YOU, CHAIR. I DID COME UP WITH ONE QUESTION ABOUT THE BUFFERING I KNOW WE TALKED AT THE STUDY SESSION ABOUT WHETHER OR NOT THE BUFFER INCLUDED THE ENTIRE BUILDING OR JUST PART OF THE BUILDING. I CAN'T REMEMBER EXACTLY HOW THIS QUESTION WAS PHRASED BUT DID WE GET CLARITY ON THAT? JUST CURIOUS, YEAH. CHAIR COMMISSIONER ALBRECHT SO THE THE I GUESS THE CHARGE THAT WE WERE GIVEN BY OR THE RECOMMENDATION THAT WE'RE GIVEN BY A PLANNING COMMISSION AND BY THE CITY COUNCIL WAS TO TO REGULATE THIS SIMILAR TO LIQUOR AND I'VE KIND OF EXTENDED THAT TO THE WAY THAT WE MEASURE AS WELL IN THE LIQUOR LICENSING ORDINANCE IT DICTATES THAT YOU MEASURE FROM THE YOU MEASURE FROM THE PROPERTY LINE OF THE SENSITIVE USE. SO MAYBE IT'D BE HELPFUL TO BRING THE THE MAP. OKAY SO IN THIS IN THIS EXAMPLE IT'S MEASURED FROM THE PROPERTY LINE OF THE SENSITIVE USE THE SCHOOL PARK ATTRACTION OR RESIDENTIAL FACILITY TO THE IF A STANDALONE BUILDING IT'S PROPERTY LINE THE PROPERTY LINE SO IF IT'S JUST A STANDALONE SINGLE TENANT SINGLE USER COMMERCIAL PROPERTY IT WOULD BE MEASURED TO THE PROPERTY LINE. IF IT'S A LARGER IF IT'S A MULTI-TENANT STRIP RETAIL OR SHOPPING CENTER KIND OF LIKE SOME OF THE PROPERTIES HERE AT 90TH AND LYNDALE IN THE HOW HOW WE MEASURE FOR LIQUOR STORES TODAY IS FROM THE PROPERTY LINE OF THE SENSITIVE USE TO THE FRONT DOOR OF THE OF THE RETAIL USE. SO THE THROUGH WHETHER IT WAS WHETHER IT ENDS UP BEING 300 FEET OR 500 FEET WOULD BE MEASURED FROM THE PROPERTY LINE OF A SCHOOL TO THE FRONT DOOR LOCATION OF THE RETAIL USE. JUST A BIT OF CLARIFICATION THERE. SO LIKE FOR A MULTI-TENANT STRIP CENTER IF LIKE FOR THIS EXAMPLE NORTH OF NATIVITY SCHOOL IF I WAS ON THE NORTH NORTHERN END OF THAT CLOVER CENTER COULD I COULD SELL CANNABIS BEING THAT I'M OUTSIDE OF THE ZONE OR IS THE WHOLE PARCEL I MEAN I'M OUT IT WOULD NOT RULE OUT IT WOULD NOT RULE OUT THE ENTIRE PARCEL FOR CANNABIS RETAIL ONLY OR ONLY THOSE STOREFRONTS WHICH ARE WITHIN THE THE BUFFER AREA JUST BECAUSE YOU GO I THINK IT'S THE NEXT SLIDE WITH THE PLAY FIELDS AND IT'S AWFULLY CURIOUS THAT THE BUFFER ZONE IS AROUND THE ACTUAL PLAYFIELD AND, NOT THE LOT. COULD YOU EXPLAIN THAT A LITTLE FURTHER? IS THAT STANDARD YEP. AND THAT THAT ACTUALLY COMES DIRECTLY FROM THE STATUTE. I LET'S SEE WHAT DO YOU HAVE THE EXACT WORD WE CAN GET THAT WE SHOULD GET THE EXACT WORDING. YEAH I BELIEVE IT'S AMENITIES CHILDREN CONGREGATE YEAH I THINK IT'S ATTRACTIONS I THINK AT POINT I DO HAVE IT MEMORIZED IT IS ATTRACTIONS WITHIN A PUBLIC PARK WHERE MINORS ARE REGULARLY THAT MIGHT ACTUALLY BE WORD FOR WORD SO THE AND IN PARENTHESES IN THE STATUTE THEY INCLUDED PLAYGROUNDS AND BALL FIELDS WHERE PLAYGROUNDS AND ATHLETIC FIELDS WHICH FOR OUR GIS ANALYSIS WE EVERY POSSIBLE TYPE OF ATHLETIC FIELD TENNIS YOU NAME IT. SO I THINK YOU KNOW THE THE REASON THE REASONING BEHIND THAT IN THE STATE STATUTE WAS TO NOT DRAW THESE BUFFERS AROUND, YOU KNOW, A LARGE REGIONAL PARK WHICH MAY INCLUDE A KIND OF YOU KNOW, ADDITIONAL AREAS LIKE PARKING LOTS OR YOU KNOW, AIR AREAS THAT ARE PARK PROPERTY BUT AREN'T NECESSARILY WHERE CHILDREN ARE OR, WHERE MINORS ARE REGULARLY PRESENT, WHAT BIKE RACKS DIDN'T GET THAT SPECIFIC WE PROBABLY HAVE THOSE AMENITIES BUT I WOULD I GUESS I WOULD I WOULD ADVISE NOT GETTING TOO IN THE WEEDS WITH THAT BECAUSE THE WHAT I WANTED TO CONVEY WITH THIS MAP HERE WAS THAT CITY WIDE THERE BASICALLY ARE NO OVERLAPS BETWEEN THESE 500 FOOT BUFFERS AROUND PARKS AND ZONING WHERE RETAIL COULD EVEN BE ALLOWED BUT FOR THESE TWO LOCATIONS THROUGHOUT THE ENTIRE CITY I MEAN AND I DID THAT BASICALLY TO TEE UP A QUESTION FOR THE CITY COUNCIL TO PROMPT THE QUESTION IS IT WORTHWHILE TO IS IT WORTHWHILE TO HAVE A 500 FOOT BY 300 FOOT OR 500 FOOT BUFFER AROUND PARKS IF? THE SORT OF REAL WORLD RESULT OF THAT POLICY IS JUST TO RULE OUT THESE TWO LOCATIONS FOR CANNABIS RETAIL. OKAY. OKAY. THANK YOU. WHICH ARE GREAT FEATURE? I THINK THAT'S A GOOD POINT. IT SEEMS LIKE A VERY ODD WAY TO DEFINE AND I FEEL LIKE IT COULD BE I GUESS IT'S OUT OF CONTROL. IT'S NOT EVEN CITY LEVEL SO YES, I DON'T THINK THERE'S ANYTHING WE CAN DO ABOUT IT. YOU KNOW IN GENERAL MY JUST MY OVERALL ARE LIKE I THINK READING THE LANGUAGE I THINK IT ALL MAKES SENSE I GUESS PERSONALLY AND MAYBE I WAS I APOLOGIZE, I WAS PROBABLY TOO RELIANT TODAY ON THE STAFF PRESENTATION. IT WOULD BE NICE TO BE ABLE TO SEE THE ZONING DISTRICTS JUST ON THE MAP SO WE CAN SEE BECAUSE I THINK THE ONE DISTRICT THAT KIND OF STICKS OUT IS THE COMMERCIAL OFFICE DISTRICT ALLOWING CANNABIS TESTING FACILITIES. WE. COMMISSIONER CURRIE YEAH THIS IS IN THIS MAP OF YEAH THIS IS ACTUALLY JUST DISTRICTS WHERE THE RETAIL USES WOULD BE ALLOWED SO NOT SUPER RELEVANT I GUESS UM BUT THE REASON FOR THAT TESTING FACILITY IS THAT SO AGAIN WITH THE CANNABIS MANUFACTURER CANNABIS TESTING FACILITY WE PUT IN THE SAME DISTRICTS THAT LIKE GENERAL MANUFACTURING AND WE ALSO HAVE A A TESTING LIKE FACILITY USE WE PUT THEM IN THOSE SAME DISTRICTS WE JUST MADE THEM CONDITIONAL USES SO THAT THEY REQUIRE MORE REVIEW BUT YEAH I'M SORRY I DON'T HAVE A MAP WITH THAT. THAT'S OKAY. THAT'S FAIR. APPRECIATE THE CLARITY. WE SHOULD RECOVER. I KNOW THIS IS A LONG STRETCH BUT WHEN WE'RE TALKING ABOUT BUFFER ZONES AND THINGS OF THAT NATURE AND I'M JUST THINKING ABOUT YOU KNOW RIGHT AT THAT COST AND AND SAY IT'S A STORE BUT IS THERE ANYTHING IN CITY CODE THAT HINDERS LIKE A FOOD TRUCK FROM SELLING THC DRINKS RIGHT OUTSIDE THAT BUFFER ? MR. CHAIR, MEMBERS OF THE COMMISSION I'M I'M NOT 100% SURE BUT I'M FAIRLY CONFIDENT THAT THE STATUTE DOES NOT ALLOW FOR SALES IN IN THE WAY THAT YOU'VE DESCRIBED IT. THE SALES DO HAVE TO BE FROM LOCATIONS THAT AND THAT EXTENDS TO BOTH THE CANNABIS RETAIL CANNABIS AND AS WELL AS THE LOWER POTENCY HEMP PRODUCTS WITH THE EXCEPTION OF THE ON SALE THE ON SITE CONSUMPTION HEMP BEVERAGES THAT CAN BE SOLD AT A RESTAURANT I DON'T BELIEVE THAT THEY CAN BE SOLD AT A MOBILE OR FROM A MOBILE VENDOR OUTSIDE OF THERE IS A IN THE STATE LAW REGULATING CANNABIS SO THERE WILL BE SOME THERE WILL BE SOME ADDITIONAL LANGUAGE THE REGISTRATION ORDINANCE AS WELL REGULATING CANNABIS EVENTS HERE IN THE CITY. SO AT THESE EVENTS COULD YOU KNOW SALES LIKE THAT HAPPEN YOU KNOW I BELIEVE SO I DO NEED TO DO MORE RESEARCH ON WHAT A CANNABIS EVENT ENCOMPASSES I WANT TO CLARIFY THAT YOU KNOW THAT OTHER STATE AND CITY LAWS SUCH AS THE INDOOR CLEAN CLEAN INDOOR AIR ACT WOULD STILL APPLY. THERE'S NOT GOING TO BE YOU KNOW, INDOOR SMOKING OR VAPING IN ANY CAPACITY LEGALLY. I THINK CANNABIS EVENTS WOULD BE MORE PROMOTIONAL IN IN NATURE MAY LOOK LIKE A TRADE SHOW KIND OF THERE COULD BE THERE COULD BE CONSUMPTION BUT IT'S CERTAIN CERTAINLY IT WOULDN'T BE IN A PUBLIC PARK. SMOKING AND VAPING WOULD NOT BE ALLOWED IN A PUBLIC PARK NOR WOULD IT BE ALLOWED INDOORS IN ANY BUILDING IN THE CITY OF BLOOMINGTON. THANK YOU, COMMISSIONER GRAY. THANK YOU, CHAIR. IT SEEMS TO ME LIKE THERE'S STILL MORE RESEARCH AND WORK THAT NEEDS TO BE DONE HERE. LIKE I DON'T KNOW I FEEL LIKE I MEAN I THINK THAT'S SOMETHING THAT WE TALKED ABOUT AT THE LAST MEETING WHERE I I ASKED ABOUT AT THE SALES AT EVENTS AND I THINK THE DISCUSSION MORE AROUND LIKE YEAH KIND OF AT A PROMOTIONAL EVENT LIKE I DON'T KNOW IF THAT'S AT FOOTBALL GAMES OR WHAT OTHER YOU WHAT OTHER EVENTS OR WHATEVER EVENTS ARE HOSTED IN BLOOMINGTON. SO I DON'T KNOW I'M KIND OF I'M JUST AS WE GO ON IN THIS DISCUSSION IT SEEMS LIKE THERE'S A LOT OF THINGS THAT MAY BE UNCLEAR ABOUT OR MAY REQUIRE A LITTLE BIT MORE RESEARCH ON THE THE DEFINITIONS SO KIND OF HESITANT ABOUT MOVING FORWARD WITH THIS TONIGHT FORMER GOVERNOR I UNDERSTAND THE CONCERNS I THINK THIS IS ALL NEW FOR EVERYONE INCLUDING AT A STATE LEVEL NOT ONLY AT A LOCAL LEVEL. SO I'M FOR YOU KNOW, LOOKING AT A LITTLE BIT MORE IN DEPTH . UM, BUT BY AND BY IT'S HERE IT'S NOT GOING TO GO ANYWHERE AND WE JUST WANT TO MAKE SURE THAT OUR CITY IS DOING THE RIGHT THING KEEPING THE PUBLIC ,YOU KNOW, FOR MINORS AND MOVING FORWARD WITH WHAT THE STATE RECOMMENDS FROM THE LCA THIS YEAR WE I THINK THERE'S NO QUESTION THAT THERE'S STILL A LOT OF UNKNOWN UNKNOWNS WHEN IT COMES TO CANNABIS REGULATIONS FROM THE STATE ON DOWN AND I WANT TO THANK THE STAFF FOR DOING A TREMENDOUS AMOUNT OF WORK AND THE TREMENDOUS AMOUNT OF THOUGHT THAT'S CLEARLY GONE INTO THIS. I THINK THAT FORTUNATELY FOR US I THINK THE ZONING IS PROBABLY THE EASIEST PIECE OF THE THE PIE SO TO SPEAK. I THINK THAT THE WHAT'S BEEN PUT FORWARD TO IS I THINK VERY CLEARLY MATCHES OUR APPROACH TO ALCOHOL SALES AND OTHER SIMILAR SIMILAR ZONING SITUATIONS. AND SO I THINK THAT FROM THAT PERSPECTIVE IT MAKES SENSE TO ME THAT WE WOULD MOVE FORWARD WITH IT AND AND AND KEEP PASSING THAT ALONG. I THINK FROM THE LICENSING AND OTHER OTHER SETS OF QUESTIONS CLEARLY THERE'S A LOT OF OTHER CONVERSATIONS NEED TO BE HAD AND A LOT OF OTHER THINGS THAT NEED TO BE FIGURED OUT BUT I THINK THE ZONING PIECE AS AS I SAID IS PROBABLY THE SIMPLEST PART OF THE PUZZLE. COMMISSIONER MCGOVERN I HAVE TO AGREE. I THINK THE ZONING PIECE IS PROBABLY THE SIMPLER PIECE AND SEEN WHAT IS PRESENTED IN FRONT OF US IT'S PRETTY CRYSTAL CLEAR AS TO WHERE BEING YOU KNOW VERY CAUTIOUS IN OUR ZONING AND VERY ACCOMMODATE IN OUR ZONING. SO IF THAT'S WHAT WE'RE ABOUT TONIGHT IS STRICTLY ZONING BECAUSE WE OTHER QUESTIONS I'M OKAY WITH THE ZONING AND WHERE WE'RE AT WITH IT TODAY EXCUSE ME. ALL RIGHT. COULD YOU GO BACK TO THE SLIDE WITH THE FIVE BULLET POINTS I CAN. THANK YOU, CHRIS. ROBERT THANK YOU, MR. CHAIR. I WAS GOING TO OFFER TO MAKE A MOTION IF WE WERE READY FOR THAT BUT IF YOU HAD ADDITIONAL COMMENTS THAT I DON'T THEN I WILL ASK IF THERE ARE ADDITIONAL COMMENTS OR QUESTIONS FROM THE PLANNING COMMISSION AND I AM NOT SEEING ANY OF THE MOTION FOR THAT PLEASE. THANK YOU, MR. CHAIR. I MOVED TO RECOMMEND THE ADOPTION OF AN ORDINANCE AMENDING CHAPTERS 19 AND 21 OF THE CITY CODE WITH. THE EDITS PROVIDED IN THE STAFF MEMO DATED AUGUST 15TH, 2020 FOR UPDATING MEDICAL AND ADULT USE USERS ALLOWANCES AND STANDARDS. WE HAVE A MOTION IN A SECOND TO RECOMMEND ADOPTION OF THESE ORDINANCE CHANGES IN CHAPTERS 19 AND 21. IS THERE ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY I, I OPPOSED OPPOSED THAT MOTION PASSES 12345421 THEY GET MY MATH CORRECT AND. I WILL MOVE FORWARD TO THE CITY COUNCIL ON AUGUST 26TH. THANK YOU FOR ALL OF THE CLARIFICATIONS WE APPRECIATE IT. THANK YOU. THANKS. OKAY. WE WILL KEEP THIS ASPECT HERE FOR ITEM NUMBER THREE WHICH IS A STUDY ITEM REGARDING CHAPTERS 19 AND 21 ZONING CODE REORGANIZATION. YEAH. SO THIS ITEM IS KIND OF MORE FOR THE STAFF I FEEL LIKE I THINK IT WILL BE EXCITING FOR US TO HAVE ALL OUR CODE IN ONE CHAPTER. IT MIGHT BE NOT AS INTERESTING FOR YOU ALL BUT NONETHELESS WE WILL MOVE FORWARD. OKAY SO THE WHY WE'RE DOING THIS SO CURRENTLY HAVE TWO CHAPTERS WHICH CONTAINS ZONING PROVISIONS IN OUR CODE CHAPTER 19 AND 21. I CAN'T REMEMBER EXACTLY WHEN CHAPTER 21 GOT CREATED BUT BASICALLY WE'VE SLOWLY SINCE THEN BEEN MOVING ALL THE STUFF FROM CHAPTER TO 21 AND WE JUST KIND OF WANTED TO GET IT ALL DONE, PUT IT IN ONE PROJECT AND WE'RE DOING THIS TO IMPROVE THE USER EXPERIENCE FOR STAFF OR PUBLIC FOR YOU ALL AND TO AVOID CONFUSION OR MISINTERPRETATION. SO I HAVE THE CITY ITEM TONIGHT WITH YOU ALL JUST TO KIND OF GIVE YOU INFORMATION ABOUT WHAT WE'RE DOING OUR ANTICIPATED PUBLIC HEARING DATE FOR PLANNING COMMISSION IS OCTOBER 10TH AND THEN FOR CITY COUNCIL THE ANTICIPATED HEARING DATE IS NOVEMBER 18TH SO THE METHODOLOGY IS THAT THERE WEREN'T VERY MANY SUBSTANTIVE CHANGES THAT ONLY HAPPENED WHEN SOMETHING WAS INCONSISTENT WITH STATE LAW IF IT DIDN'T MATCH WITH OTHER REGULATIONS IN OUR CODE THIS REALLY WAS JUST ABOUT MOVING THESE SECTIONS, NOT DOING A LOT OF WORK ON THEM. SO THE CHANGES THAT WE DID MAKE WERE STYLISTIC CHANGES CHANGING THE WORD CIAO TO WORDS LIKE MUST CHANGING YOU KNOW PERCENT SYMBOLS TO THE CHANGING NUMBERS TO THE WRITTEN VERSION WHEN THEY'RE UNDER TEN AND THEN OBVIOUSLY CHANGING ALL THE REFERENCES TO CHAPTER 19 AND THEN EXHIBIT A IN THE STAFF REPORT DID SHOW OF THE NEW LANDING SPOTS OF THE CHAPTER 19 SECTIONS SO LOOKING FORWARD THERE'S LIKELY GOING TO BE A LOT OF FUTURE CLEANUP. THERE'S A LOT OF SECTIONS TO MOVE. THERE'S A LOT OF REFERENCES I'M SURE MISSED THINGS. SO THOSE WILL LIKELY BE IN MISCELLANEOUS ISSUES IN THE UPCOMING YEARS AND THEN ALSO WE'RE MOVING EVERYTHING RIGHT NOW BUT SOME OF THESE SECTIONS DO NEED SUBSTANTIAL OF WORK SO THAT WILL PROBABLY BE FUTURE IMPROVEMENT AND REVISION TO THESE OLDER STANDARDS FOR WORK PLANS NOW THAT WE KIND OF HAVE THEM ALL IN ONE CHAPTER AND LIKE SAID THERE'S NO FORMAL ACTION REQUIRED. WE JUST KIND OF WANTED TO UPDATE YOU THAT THIS WILL BE IN THE FUTURE AND YEAH BEEN DOING THIS DOES ANYONE HAVE QUESTIONS QUESTIONS FOR STAFF ? I HAVE A QUESTION WHY WHY ARE WE NOT TAKING FORMAL ACTION ON THIS CHAIR AS IN WHY YOU'RE MAKING CHANGES TO CITY CODE WHEN YOU WANT A FORMAL RECOMMENDATION FOR US THAT OH YES AND THAT WILL BE THE PUBLIC HEARING IN OCTOBER THIS IS JUST LIKE SO IT'S COMING BACK. YES. SO YOU WILL HAVE FORMAL ACTION IN OCTOBER. THANK YOU, MR. ALDRIDGE. THANK YOU, CHAIR. I JUST WANT TO CONGRATULATE THE STAFF MOVING EVERYTHING TO CHAPTER 21. I KNOW I'VE MISCELLANEOUS ORDINANCES OVER THE YEARS KIND OF CLEANING UP AND MAKING THINGS A LITTLE MORE STREAMLINED AND I KNOW IT WILL HELP FOR THE PLANNING COMMISSION AS WELL. SO I APPRECIATE THE WORK ON THIS AND I KNOW THERE'S PROBABLY MORE WORK TO BE DONE SO THAT'S ALL HAD TO SAY. ANY OTHER QUESTIONS? DO YOU NEED ANYTHING FROM US? NOPE. JUST LETTING YOU KNOW THIS IS HAPPENING. THANK YOU VERY MUCH. THANK YOU. OKAY, WE'LL MOVE ON TO ITEM NUMBER FOUR. ANOTHER STUDY ITEM FOR THE PLANNING COMMISSION DISCUSSING SHORT TERM RENTALS HERE IN CITY. MS. LINCOLN HAS THE STAFF REPORT. GOOD EVENING . GOOD EVENING. EVENING CHAIR AND COMMISSIONERS. OH I'M EXCITED TO SHARE MY FINDINGS ON SHORT TERM RENTALS FOR THE CITY. SO THE AGENDA I'LL GIVE YOU A LITTLE BIT OF A PROJECT BACKGROUND SINCE THIS COMING. THIS HAD BEEN ON THE PLANNING COMMISSION WORK PLAN TIMES SO I WANT TO MAKE SURE EVERYONE IS CUT UP CAUGHT UP ON HOW WE GOT HERE. AND THEN I'LL GET INTO MY ANALYSIS WHERE I'LL TALK ABOUT SOME OF THE THEMES THAT I IDENTIFIED IN THE STAFF REPORT THAT KIND OF HELPED COME TO THE RECOMMENDATION AND POLICY OPTIONS THAT I'LL SHARE WITH YOU TOWARDS THE END OF THE PRESENTATION AS WELL. DISCUSS NEXT STEPS DEPENDING ON WHICH DIRECTION THIS THAT COMES OUT OF THESE STUDY ITEMS SESSIONS SO WE CURRENTLY HAVE A PER A PROHIBITION WHAT WE CALL TRANSIENT LODGINGS WHICH IS SHORT TERM RENTALS. IT'S RENTALS THAT ARE LESS RESIDENTIAL STAYS THAT ARE LESS THAN 30 CONSECUTIVE DAYS . THOSE REGULATIONS ARE IN CHAPTERS 14, 19 AND 21. AND THAT PROHIBITION WAS ESTABLISHED IN APRIL OF 2016. IN 2018 AND 2019 THEY WERE INCLUDED ON THE WORK PLAN AS PART OF THE SHARING ECONOMY AS A WHOLE. SO THAT INCLUDED ADDITIONAL THINGS WITH THE SHARING ECONOMY BUT SHORT TERM RENTALS WERE A PIECE OF THAT. SO IN JANUARY 2020 PLANNING COMMISSION HEARD ABOUT SHARING ECONOMY. BUT THEN SOMETHING REALLY BIG HAPPENED RIGHT AFTER THAT. SO IT WAS ACTUALLY PAUSED DUE TO THE COVID 19 PANDEMIC AND ALSO THE IMPACTS THAT COVID HAD ON THE HOSPITALITY INDUSTRY AND OTHER INDUSTRIES AS WELL. SO IT WAS INCLUDED ON THE PC WORK PLAN IN 2023 AND 2024 AND THIS IS THE SCHEDULED STUDY ITEM SESSION FROM WORK PLAN ITEMS. IN GENERAL, SHORT TERM RENTALS ARE IN A KIND OF UNIQUE POSITION BECAUSE THEY COMPETE AND OPERATE IN BOTH THE HOSPITALITY INDUSTRY WELL AS THE HOUSING MARKET. SO THERE'S A LOT OF NUANCES TO POLICYMAKING THAT KIND OF REQUIRE ATTENTION IN ORDER TO EFFECTIVE POLICY FOR A GEOGRAPHY. AND IN OUR CASE A CITY THE QUESTION THAT I HAVE FOR OUR PLANNING COMMISSION TODAY IS GIVING DIRECTION TO THE CITY COUNCIL AND KIND OF WHAT YOUR RECOMMENDATION OR OPINION IS ON SHOULD THE CITY CONTINUE THE PROHIBITION ON TERM RENTALS OR ALLOW THE USE IN SOME FORM ADDITIONAL THINGS ABOUT LICENSING OR WHAT THE PROGRAM WOULD LOOK LIKE IF YOU SHOULD ALLOW IT? THOSE WOULD BE FUTURE ITEMS AND A LOT OF THOSE THINGS WOULD BE PRIMARILY SPEARHEADED OTHER DIVISIONS LIKE ENVIRONMENTAL HEALTH. SO IT'S REALLY KIND OF THINKING ABOUT THE USE IN THIS CASE. SO WHEN EVALUATING MY KIND OF DIRECTION OR PERSPECTIVE THINGS THAT I WANTED TO KEEP IN MIND AS I RESEARCHED TERM RENTALS IN THEIR IMPACT WERE THE BLOOMINGTON GUIDING POLICIES THE THREE MAIN ONES THAT I IDENTIFIED WERE THE BLOOMINGTON TOMORROW TOGETHER A STRATEGIC VISION SPECIFICALLY CONNECTED WELCOMING COMMUNITY. THIS INVOLVES HAVING COMMUNITIES BE WELL CONNECTED WITH EACH OTHER ORDER TO REDUCE THINGS LIKE SOCIAL ISOLATION WHICH HAS AS BEEN IDENTIFIED AS A PUBLIC HEALTH CRISIS BY THE CDC. ONE IN THREE ADULTS REPORT FEELING LONELY AND ONE IN FOUR IDENTIFY THAT THEY HAVE NO EMOTIONAL OR PHYSICAL SUPPORT IN THEIR COMMUNITIES. SO IT WAS IDENTIFIED AS A VERY BIG FACTOR IN A LOT OF PUBLIC HEALTH DIRECTIONS IN THE LAST COUPLE OF YEARS. ALSO THE FORD 20 2040 COMPREHENSIVE PLAN INCLUDES A HOUSING ELEMENT THAT TALKS ABOUT BEING A GROWING CITY THAT THE NEED FOR HOUSING IS EVER PRESENT. WE'LL NEED MORE HOUSING UNITS IN ORDER ACCOMMODATE THE PEOPLE THAT ARE COMING INTO TH CITY TO WORK AND LIVE. AND THEN RECENTLY IN APRIL THE RESOLUTION 2024 DASH 74 IS ALIGNING HOUSING WITH THE BTR STRATEGIC PLAN. THIS WAS A HOUSING THAT IDENTIFIED THE VARIOUS HOUSING COST BURDENS THAT RESIDENTS ARE FEELING IN BLOOMINGTON AND HOUSING COSTS, HOUSING AVAILABILITY HOUSING AVAILABILITY OF CERTAIN TYPES. WE NEED TO CONTINUE TO KEEP OUR EYE ON THAT BECAUSE IT IS SOMETHING THAT IS A BIG STRESSOR IN THE COMMUNITY AND KEEPING HOUSING UNITS OR CREATING HOUSING UNITS IS REALLY IMPORTANT. RESIDENTS OR FUTURE RESIDENTS . SO I DID KIND OF A SWOT ANALYSIS ABOUT THE CITY IN ORDER TO IDENTIFY LIKE WHERE WE'RE REALLY STRONG WHERE SOME VULNERABILITIES BE . SO SOME OF OUR STRENGTHS IS AT THE CITY'S RENTAL LICENSING PROGRAM IS REALLY ROBUST AND EFFECTIVE ENVIRONMENTAL HEALTH DOES A GREAT JOB IN MANAGING THAT PROGRAM AND THEIR EXPERTIZE IS A MASSIVE STRENGTH IN EVALUATING ADDITIONAL THINGS WITH RENTAL HOUSING. THE CITY IS CLOSE TO AN AIRPORT AND A MAJOR AND MAJOR EVENT VENUES THROUGHOUT THE OF THE METRO AND THE MALL OF AMERICA IS A TOURIST DESTINATION AND THERE'S MANY CULTURAL NATURAL RESOURCES SOME OF THE WEAKNESSES THAT THERE'LL BE NEED ADDITIONAL THERE'S POSSIBILITY THAT THEY'LL BRING ADDITIONAL STAFF TIME TO ADMINISTER AND DEVELOP THE RENTAL PROGRAM WHETHER THAT STAFF TIME IS A BULK IN THE BEGINNING WHEN IT'S DEVELOPED AND NOT SO SO NOT MUCH AFTER IT'S DEVELOPED IT'S KIND OF REMAINS TO BE SEEN BUT IT IS A FACTOR. WE'RE POTENTIALLY COMING OUT OF PROHIBITION A TIME WHEN MORE CITIES ARE ACTUALLY BANNING OR HEAVILY REGULATING THIS TYPE OF USE. SO IT'S IT'S IN A UNIQUE POSITION THAT'S NOT QUITE ALIGNED WITH NATIONALLY OR EVEN IN SOME OTHER CITIES AROUND THE METRO REGION LIKE A DINAH HAS A BAN ON ON SHORT TERM RENTALS. SO THERE IS KIND OF A MIX OF POLICIES EVEN WITHIN OUR IMMEDIATE REGION AS WELL AS ACROSS THE STATE. A LOT OF PLACES OUTSIDE OF MAJOR METRO REGIONS ARE SILENT WHERE THEY DON'T HAVE REGULATIONS FOR SHORT TERM RENTALS. SO I PRIMARILY LOOKED AT METRO REGION CITIES. SO OUR OPPORTUNITY IS REALLY ARE PROVIDING MORE STAY OPTIONS VISITORS SHORT TERM RENTALS WILL ALWAYS EXIST IN SOME WAY BECAUSE PROVIDE A UNIQUE AMENITY THAT A LOT OF THINGS IN THE HOSPITALITY AND INDUSTRY WILL NOT BE ABLE TO REPLICATE EVEN AS A GOOD OPTION. SOME PEOPLE WANT THE MORE HOME AWAY FROM HOME LITERALLY AND SO SHORT TERM RENTALS DO FULFILL THAT NEED. ALSO NEW INCOME SOURCES FOR PEOPLE WHO ARE TRYING TO OFFSET THEIR HOUSING COSTS IN ORDER TO STAY IN BLOOMINGTON DURING THIS TIME WHERE HOUSING COSTS ARE A CHALLENGE. AND THEN THERE'S SOME NEW LODGING TAX REVENUE THAT COULD BE THAT COULD COME FROM COMING OF A PROHIBITION. SO SOME OF THE THREATS IS OUR LOW HOUSING VACANCY. IT'S 1% FOR HOMEOWNERSHIP AND POINT 8% OF VACANCY FOR A RENTER VACANCY IS EVALUATED ONLY BY THE UNITS THAT ARE AVAILABLE FOR PURCHASE OR FOR FOR LEASING ANYTHING THAT'S VACANT BUT NOT ON THE MARKET ISN'T INCLUDED IN THE VACANCY RATE. SO THIS IS VERY MUCH WHAT'S FOR PEOPLE TO ACTUALLY LIVE IN AND HOUSING COSTS CONTINUE TO ARISE IN ADDITION TO OTHER COST RELATED TO REAL PROPERTY OR WHERE YOU LIVE GROCERIES A LOT OF THINGS KIND OF FACTOR INTO COST OF LIVING IN GENERAL AND ALL OF THOSE THINGS ARE CONTINUING TO RISE. THERE'S A POSSIBILITY THAT SHORT TERM RENTALS CAN SUPPLANT LONG TERM HOUSING UNITS. THAT'S MOSTLY BECAUSE THEY OPERATE IN THE SPACE THE RESIDENTIAL MARKET AND THE HOSPITALITY MARKET. AND THEN THERE'S THINGS ASSOCIATED WITH THE NOISE PARKING SAFETY SOLID WASTE IMPACTS ALL OF THOSE TYPES OF THINGS WILL NEED TO BE CONSIDERED AS THING AS THE PROGRAM IS DEVELOPED OR IN YOUR RECOMMENDATION ON WHETHER IT SHOULD BE A CONTINUED PROHIBITION OR SHOULD WE EXPLORE ALLOWING THE USE SINCE THE ACTUAL KIND OF REGULATORY TOOLS ARE NOT PART OF MY ASK TO YOU TODAY IF YOU DO RECOMMEND THAT TO CITY AND CITY COUNCIL AGREES THAT WE ALLOW SHORT TERM RENTALS. THIS IS SOMETHING THAT WE WOULD REVISIT IN MUCH MORE DETAIL BUT I WANTED TO SHOW KIND OF SOME OF THE COMMON REGULATORY TOOLS THAT ARE USED IN SHORT TERM RENTALS HERE. AND JUST KIND OF IMPORTANT TO KNOW THAT THERE ARE TOOLS OUT THERE. SO IN THAT I'M JUST GOING TO GO A LITTLE BIT OVER THE THEMES KIND OF WHERE THE MAIN CONSIDERATIONS ARE AND HOW SHORT TERM AND SHORT TERM RENTALS IMPACT THESE. SO HOUSING AVAILABILITY. I ALREADY TALKED A LITTLE BIT ABOUT HOW IT OPERATES IN IT'S A SHORT TERM USE THAT'S OPERATING IN LONG TERM HOUSING MARKET SO IT COULD REDUCE THE TOTAL SUPPLY WHICH IMPACTS THE VACANCY AS I MENTIONED. THERE'S ALSO COULD BE INCREASED COMPETITION FOR PROPERTIES AS PEOPLE SEEING RESIDENTIAL UNITS AS INVESTORS CONTINUED INVESTMENT OR FURTHER INVESTMENT OPPORTUNITIES FOR WITH SHORT TERM RENTAL THERE COULD BE INCREASED COMPETITION THERE. AND THEN THERE'S ALSO SOMETIMES LOCALIZED REAL ESTATE BOOMS AS MORE PEOPLE ENTER THE COMPETITION IT ALSO CAN DRIVE UP PRICE AS PEOPLE ARE USING THE TOOLS AVAILABLE TO THEM IN ORDER TO ACTUALLY THE PROPERTIES WHICH INCLUDE AS PART OF NEGOTIATIONS OFFERING MORE MONEY. SO AS I MENTIONED BEFORE, OUR VACANCY IS VERY LOW SO. THE REDUCING THE SUPPLY OF LONG TERM HOUSING IS A CONCERN THE POPULATION IS CONTINUE OF LONG TERM RESIDENTS OR RESIDENTS HERE CONTINUED TO GROW WITH CONSTRUCTION COSTS AND HIGH INTEREST RATES. AEW PRODUCTION WHICH A PRODUCTION OF MORE HOUSING UNIT IS ALWAYS GREAT IN ITS USE AS AN ACCESSORY USE COULD BE A WAY TO HAVE THAT PRODUCTION. IT'S UNLIKELY AT THIS POINT BECAUSE INTEREST RATES AND CONSTRUCTION COSTS AND IT'S KIND OF UNPREDICTABLE OF WHEN THAT COULD CHANGE. SO IN DEALING WITH WHAT WE CURRENTLY SEE, IT'S UNLIKELY TO SEE ANY PRODUCTION OF THAT AND THE NUMBER OF STARS THAT MIGHT ACTUALLY COME ABOUT IS UNCERTAIN SO IT'S KIND OF UNCLEAR ABOUT HOW MANY PEOPLE WOULD ACTUALLY WANT TO TAKE ADVANTAGE THIS OPPORTUNITY. SO IT'S DIFFICULT UNDERSTAND MAYBE THE SEVERITY OF THE IMPACT YOU KNOW, VERSUS ONE OR TWO SHORT TERM RENTALS VERSUS 200. THERE IS A DIFFERENCE THERE. SO IN HOUSING AFFORDABILITY AND EQUITY. SO AS I MENTIONED BEFORE, IT CAN THE COST OF HOUSING OR INCREASE HOUSING COSTS BY MAKING A IMPACTING VACANCY REDUCING THE SUPPLY THEY COULD GENERATE INCOME FOR A HOST TO OFFSET THOSE HOUSING COSTS AND COULD HELP PEOPLE STAY IN THEIR HOMES EITHER. AND FOR ANYONE WHO OWNS THEIR OWN HOME COULD AN INCOME STREAM OF LIKE WELL I'M NOT USING THAT BEDROOM. MAYBE I CAN HAVE IT PRODUCE ANY KIND OF INCOME SO THAT COULD BE REALLY HELPFUL FOR THEM IN OFFSETTING THEIR COSTS . EFFECTS OF FAIR HOUSING OR PUBLIC ACCOMMODATION LEGISLATION IS UNCLEAR AND WITH SHORT TERM RENTALS TYPICALLY THOSE WITH HIGHER INCOMES EARN THE MOST INCOME OF SHORT TERM RENTAL. IN A STUDY DONE OF CANADA ACROSS ALL THE MAJOR CITIES THERE THE TOP 10% HOSTS EARNED MAJORITY OF THE INCOME SO ECONOMIC IMPACT COULD IS VARIABLE AND WILL LIKELY BE UNEQUAL SO IN BLOOMINGTON AS MENTIONED BEFORE THAT STARS DO IMPACT OR SDR SORRY SHORT TERM RENTALS SD STARS DO IMPACT HOUSING PRICES. THERE'S BEEN EXAMPLES ACROSS THE NATION THAT HAVING PEOPLE CAN BE FROM OUR PROPERTIES PEOPLE WHO HAVE ENOUGH CAPITAL IN ORDER TO OFFER MORE DOES IMPACT THE VALUES OF HOUSING ALSO IN THE SENSE THAT THEY COULD LIKE A STANDARD NIGHT OF SHORT TERM RENTAL PARDON ME COULD BE MULTIPLIED BY 30 TO GET MONTHLY RENTS FOR LONG TERM RENTS AND THOSE PRICES FOR NIGHTLY STAYS COULD BE HIGHER THAN THE DAILY RATE FOR A LONG TERM LEASE. SO IN AN EFFORT TO EARN MORE INCOME IT JUST INFLATES THE PRICE WHEN YOU START INTRODUCING SHORT TERM RENTALS IN THAT EQUATION. LONG TERM RENTS IN BLOOMINGTON ACTUALLY GENERATE MORE INCOME . SO IF SOMEONE RENTED A ROOM WHEN THE LEASE WITH OUR AVERAGE PRICES AND MEDIAN PRICES THEY WOULD LIKELY EARN MORE MONEY BUT. IT'S NOT AS FLEXIBLE. SO FLEXIBILITY IS SOMETHING THAT REALLY LIKE RESIDENTS NEED SHORT TERM RENTALS ARE A GOOD WAY TO GET THAT FLEXIBILITY WHILST EARNING MAYBE NOT AS MUCH MONEY BUT SOME MONEY IN ORDER TO OFFSET COSTS. AND THEN I WANT TO ENSURE THAT MINNESOTA SPECIFICALLY STATUTES PROVIDE ANTI-DISCRIMINATION AND DISCRIMINATION PROTECTION FOR ALL TRANSACTIONS INVOLVING REAL PROPERTY. THE EXEMPTIONS REVOLVE AROUND PEOPLE LIVE IN THEIR HOME AND ARE OFFERING A SPACE. THERE ARE SOME EXEMPTIONS BUT GENERALLY ANTI-JEWISH IN MINNESOTA. IT'S GREAT. SO FOR ECONOMICS SOME OF THE ARGUMENTS FOR SHORT TERM RENTALS ARE THAT IT CAN BOOST LOCAL ECONOMY WITH POTENTIAL NEW VISITORS THAT MAY NOT HAVE VISITED WITHOUT SHORT TERM RENTALS BEING AN OPTION. IT COULD PROVIDE ADDITIONAL CAPACITY DURING LARGE EVENTS OR SKIPPED ONE DAY HERE WE'LL GO BACK AND IT ALSO COULD REDUCE DEMAND ON HOTELS DURING OFF PEAK TIMES. BLOOMINGTON HAS NEARLY THOUSAND HOTEL ROOMS AND THEY DO OFFER A VARIETY OF STAY AND TYPES. SO WHETHER SOMEONE WOULD VISIT BLOOMINGTON WITHOUT A SHORT TERM RENTAL IS REALLY UNCLEAR. IT ALL DEPENDS ON TRAVEL HABITS. SO THIS IS KIND DIFFICULT TO PREDICT. AND BLOOMINGTON'S HOSPITALITY INDUSTRY OR MARKET IS PRETTY ESTABLISHED AND HAS A LOT OF CAPACITY. LODGING TAX COLLECTION COULD BE A UNIQUE CHALLENGE DUE TO DECENTRALIZATION THAT'S SOMETHING THAT FINANCE AND ENVIRONMENTAL HEALTH MIGHT HAVE TO AND LEGAL MIGHT HAVE TO NEGOTIATE IN ORDER TO FIGURE WHERE THE BEST PLACE TO PUT THAT REPORTING. HOST CAN SELF-REPORT WE MAKE IT PART OF OUR REGISTRATION FEE WHERE WE JUST COLLECT A CERTAIN AMOUNT ON THE USE. THERE'S KIND OF A LOT OF OPTIONS THERE BUT IS CHALLENGING. SOMETIMES PEOPLE ARE ABLE TO WORK WITH THE PLATFORMS BUT NOT EVERYONE OFFERS SHORT TERM RENTALS ON THE PLATFORMS. SO WE KIND OF HAVE TO TAKE A A MULTI FACTOR APPROACH TO TAX COLLECTION IN ORDER TO COLLECT THAT AND THEN THE HOSPITALITY INDUSTRY AS A WHOLE INCLUDING SHORT TERM RENTAL HAS RECOVERED THERE ANTICIPATING THAT IT MAY TAKE LONGER FOR FULL RECOVERY OR TO REACH PRE COVID 19 LEVELS. BUT IF INFLATION HAS ALSO IMPACTED HOW PEOPLE TRAVEL. SO IT'S KIND OF UNPREDICTABLE HOW THE HOSPITALITY INDUSTRY WILL LOOK IN THE NEXT COUPLE OF YEARS BASED ON CURRENT CONDITIONS IN COMMUNITIES AND NEIGHBORHOODS WHICH IS REALLY IMPORTANT WHEN WE'RE TALKING ABOUT A CONNECTED WORLD OR A WELL CONNECTED COMMUNITY. SO SOME OF THE CONCERNS HERE THAT FREQUENT TURNOVER DISRUPTS THE OF COMMUNITY AND THAT NOISE PARKING SAFETY AND OTHER CONCERN WOULD IMPACT THE QUALITY OF LIFE FOR PEOPLE WHO LIVE THERE LONG TERM. SO SHORT TERM RENTALS HAVE A DESTABILIZING EFFECT ON NEIGHBORHOODS BUT IT CAN KIND OF DEPEND ON THE NUMBER OF SHORT TERM RENTALS AND THE TYPE OF ACCOMMODATION TYPE OF ACCOMMODATION IS IS IT A ROOM? IS IT AN AREA? IS IT THE ENTIRE. THOSE TYPES OF THINGS. AND THEN ENVIRONMENTAL HEALTH HAS IDENTIFIED WHOLE HOUSE RENTALS. EVENT RENTALS, CRASH PADS AND BED LISTINGS. THIS IS THE IDEA THAT THERE'S ,YOU KNOW, THREE OR FOUR BEDS IN A ROOM AND THEY LIST ONE BED. THOSE TYPES OF ACCOMMODATIONS LIENS ARE THE MOST COMMON SOURCE OF COMPLAINTS. SO REGULATORY TOOLS WOULD BE PROHIBIT THOSE. ALSO AIRBNB THEMSELVES HAVE BANNED PARTIES AND EVENTS AS LISTED AS A THING YOU CAN DO WITH WITH YOU WITHIN THE LISTING. THIS CAME FROM 2020 AS A RESULT OF COVID BUT THEY SAID THEY SAW GREAT SUCCESS AND THEY MADE IT PERMANENT. AND ALSO THERE ARE SPECIFIC REGULATIONS CAN HELP MITIGATE THESE IMPACTS. AND WITHIN THAT THERE IS SOME FLEXIBILITY OVER TIME. SO IF WE WANTED TO REVISIT A REGULATION WE COULD WITH THE UNDERSTANDING THAT YOU KNOW THE THERE MAY BE SOME NEGOTIATION MAYBE WITH LEGAL OR ENVIRONMENTAL HEALTH ABOUT HOW WOULD IT BECOME EITHER MORE PERMISSIVE OR LESS PERMISSIVE IN THOSE REGULATORY TOOLS. AND THEN SPEAKING OF REGULATION AND MONITORING. SO IT'S CHALLENGING BECAUSE IT'S DECENTRALIZED. SO EVERY HOST IS KIND OF ITS OWN BUSINESS BUT THEY DON'T NECESSARILY HAVE A BUSINESS LICENSE OR OTHER WAYS TO TRACK IT. SO FOR US FOR MONITORING IT THAT MEANS WE WOULD HAVE TO SOMEHOW CREATE THAT CONNECTION BETWEEN US AND THE HOST IN ORDER TO MAKE ACTUALLY EFFECTIVE DECISIONS OR REGULATION ON SHORT TERM RENTALS. SO IT'D BE AN ENTIRE DEPARTMENTAL EFFORT. WE'D MAKE SURE THAT WE'RE KIND OF ALL IN ALIGNED SO THAT WAY WE CAN IDENTIFY WHERE MAYBE WE'RE REALLY EFFECTIVE WHERE WE MAY NOT BE AS EFFECTIVE OR WHERE WE NEED TO MAKE CHANGES . SO LIKE I SAID THERE'S MULTIPLE LODGING TAX COLLECTION METHODS AND THAT HAVE TO BE DETERMINED IF IF DIRECTED TO COME OUT OF THE PROHIBITION. AND I JUST WANT TO HIGHLIGHT ONCE AGAIN THE AGE DIVISION IS REALLY GOOD. SO USING THEIR EXPERTIZE IN THIS AREA BE CRUCIAL IN CREATING REGULATION IF. WE IF WE GO DOWN THAT ROUTE WITH THE DIRECTION FROM PLANNING COMMISSION AND CITY COUNCIL. SO THIS IS KIND OF THE OPTIONS AVAILABLE THAT COULD THAT THE QUESTION SHOULD WE COME OUT OF PROHIBITION OR SHOULD WE ALLOW IT ONE OPTION ONE IS CONTINUE THE PROHIBITION AND THERE'S WE KIND OF CONTINUE IN OUR STATE WHERE THERE'S NO COMPETITION FOR EXISTING HOTELS. IT REDUCES IMPACT ON HOUSING AVAILABILITY AND AFFORDABILITY FROM THIS SOURCE FROM SHORT TERM RENTAL IMPACT THERE'S NO EFFECT STABLE RESOLUTE REVENUE STREAMS FOR HOSTS WHO WANT TO OFFSET THEIR OWN HOUSING COSTS IN BLOOMINGTON AND THERE'S NO ADDED CAPACITY FOR VISITS UNDER THIS METHOD. OPTION TWO IS OWNER PRESENT THAT MEANS THAT IT'S OWNER OCCUPIED. WE'RE ALLOWING SHORT TERM RENTALS AND THE UNIT IS OWNER OCCUPIED AND THEY YOU KNOW CHOOSE A VARIETY WAYS THAT THEY COULD LIST A GUEST ROOM, A SUITE, A PORTION OF THE DWELLING OR AN. THIS ADDS THAT FLEXIBLE RESIDUES STREAM. IT ADDS THAT VISITOR CAPACITY. THERE IS A GREATER OVERSIGHT OF SHORT TERM RENTAL BECAUSE THE OWNER IS THERE. SO THEY WOULD BE ABLE TO BE A PART OF KIND OF OVERSIGHT FOR THE FOR THE GUESTS OR THE STAY OR ANY IMPACTS. THERE'S A PREDICTED MINIMAL IMPACT ON HOUSING AVAILABILITY AND AFFORDABILITY. AND I SAY THIS BECAUSE IN THE SENSE OF LONG TERM HOUSING IF IT'S OWNER OCCUPIED THAT MEANS THE PERSON WHO OWNS THE HOME HAS GONE THROUGH THE PROCESS OF GETTING LONG TERM HOUSING AND THIS IS A REVENUE THAT USES THERE IT'S ESTABLISHED. SO THEN RENTING OUT A ROOM OR AN EDU ISN'T NECESSARY REALLY A TRADE OFF OF WHERE THAT ROOM OR 80 YOU COULD HAVE BEEN NECESSARILY ANOTHER LONG TERM RESIDENT I MEAN IT COULD BUT IT'S ALREADY NOT DOING THAT IN THIS SCENARIO. PEOPLE ARE NOT RENTING OUT THEIR SPACE IN ANY WAY, SHAPE OR FORM SO IT'S KIND OF A MINIMAL IMPACT ON THOSE FACTORS AND THERE IS POTENTIAL ADDED ACCRETION IN THE FUTURE . INTEREST RATES ARE 2% AGAIN AND CONSTRUCTION MATERIALS AREN'T SO BAD AND PEOPLE ARE LIKE I WANT TO BUILD AN 82 AND MAYBE I'LL DO SHORT TERM RENTAL IN ORDER TO OFFSET THAT COST. AND THEN THERE COULD BE AN OPPORTUNITY FOR THAT UNIT TO TURN OVER TO A LONG TERM RENTAL OR PROVIDE HOUSING FOR A FAMILY MEMBER OR SOMEONE ELSE WHO NEEDS LONG TERM HOUSING. THERE IS HOTEL COMPETITION IN THIS IN THIS SCENARIO AS WELL AS SOME POTENTIAL FOR NEIGHBORHOOD IMPACTS. AND THEN THIS IS WHERE ADDITIONAL STAFF HOURS TO DEVELOP AND RUN THE PROGRAM IN BECAUSE WE'VE COME OUT OF THAT PROHIBITION SO OPTIONS THREE AND FOUR BECOME MORE PERMISSIVE OWNERS HAVE TO BE THERE OR THEY'RE NEVER THERE. THE ACCOMMODATION TYPE ARE THE SAME IN BOTH THOSE FOR DWELLING OR YOU AND THE BENEFITS AND IMPACTS ARE SIMILAR. IT'S JUST THEY BECOME IN THE NEGATIVE IMPACTS MORE SEVERE IN THE SENSE THAT WITHOUT IT IT'S THAT ADDITIONAL OVERSIGHT THERE'S A HIGHER POTENTIAL FOR NEIGHBORHOOD IMPACTS MORE ENFORCEMENT DIFFICULTIES IF WE HAVE TROUBLE CONTACTING THE OWNER OR COMMUNICATING WITH THEM AND THEN WITH OWNER NEVER PRESENT IT'S JUST THE HIGHEST LIKELIHOOD OF ALL OF THE IMPACTS ON HOUSING COMP HOUSING COMPETITION OR EXCUSE ME HOTEL COMPETITION, HOUSING AFFORDABILITY AND THE HIGHEST LIKELIHOOD OF INVESTOR AND CORPORATIONS WHO DON'T LIVE IN BLOOMINGTON OWNING PROPERTIES AND FULLY REMOVING THEM FROM THE LONG TERM HOUSING MARKET FURTHER LOWERING OUR VACANCY AND RESTRICTING ACCESS TO LONG TERM UNITS. THIS MAY ALSO HAVE THE HIGHEST IMPACT TO ADDITIONAL STAFF HOURS WHERE IT MAY BE EVEN MORE DIFFICULT IN ORDER TO ENFORCE AND THEY WOULD HAVE TO SPEND MORE TIME OVER TIME IN ORDER TO MITIGATE AND ENFORCE THOSE THOSE THINGS THOSE IMPACTS. SO RECOMMENDS CONTINUING THE PROHIBITION WITH THEM IN MIND THAT MOST PLACES ACROSS THE U.S. ARE IN ESPECIALLY METRO AREAS HAVE A VERY TOUGH TIME WITH HOUSING AND AFFORDABLE HOUSING AND SOMETIMES INTRODUCING THESE COULD HAVE EVEN A SMALL IMPACT COULD BE A BIG IMPACT FOR SOMEONE WHO WANTS TO LIVE HERE OR WHO ALREADY LIVES. SO IT'S KIND OF DELICATE, NOT IMPOSSIBLE BUT A CONTINUED PROHIBITION I THINK IN THIS CASE WOULDN'T BE UNREASONABLE . AND THEN THE SECOND OPTION WHICH IS A LITTLE BIT MORE PERMISSIVE BY ALLOWING IT THIS IS WHERE IT COMES IN WHERE IN TALKING ABOUT AFFORDABILITY IF SOMEONE WHO OWNS THEIR HOME NEEDS JUST ADDITIONAL REVENUE FOR ANY REASON ADDITIONAL INCOME, THIS COULD BE A GOOD WAY FOR THEM TO GET AND IT HAS THE LEAST AMOUNT OF IMPACT OUT OF THE OTHER TWO OR OUT OF THE OTHER TWO OPTIONS THAT WOULD ALSO ALLOW IT AND I WANT TO EMPHASIZE THAT STAFF DON'T RECOMMEND OPTION THREE AND FOUR AND WE ARE OPPOSED TO OPTION FOUR COMPLETELY. SO THAT IS THE STAFF RECOMMENDATION. I'M GOING TO STAY STAY ON THE SLIDE HERE AND ASK IF THERE ARE ANY QUESTIONS. WOULD YOU LIKE JUST QUESTIONS NOW AND THEN YOU HAVE MORE WE'LL GO ON TO DISCUSSION OR IS IT QUESTIONS AND DISCUSSION? QUESTION AS QUESTIONS AND DISCUSSION IS OKAY BUT IF YOU WANT TO ASK QUESTIONS BEFORE YOU DISCUSS I WOULD THAT IS GREAT. SO LET'S START WITH QUESTIONS. OKAY, GREAT OF QUESTION. YES. I DON'T KNOW IF IT'S PART OF THIS OR A DEFINITE NO BUT HELP ME UNDERSTAND. SO IF I'M A RENTER. AM I IS THERE ANY PATH TO ME HAVING TO BE TO ME IF I'M A RENTER CAN I VERBAL MY APARTMENT OR IS THAT NOT A POSSIBILITY IN ANY OPTION? SO THE THAT WOULD BE KIND OF UNDER SUBLETTING WHICH IS ALSO PROHIBITED IN OUR CODE AND THAT WOULD ALMOST BE A SEPARATE ISSUE. ADDITIONALLY, RENTERS WOULD HAVE TO CONTEND WITH LIKE PROPERTY MANAGEMENT COMPANY OR WHOEVER HOLDS THE LEASE AND MANY OF THOSE CASES THEY THEY PROHIBIT AS WELL. SO WE DIDN'T CONSIDER THAT BECAUSE THERE WAS SOME REGULATED INJURY A COMPLICATION OR OR FACTORS OUTSIDE OF WHAT THE CITY COULD DO. AND I WOULDN'T RECOMMEND THE CITY SAY YES, RENTERS CAN DO THIS IN THIS SENSE THAT IT DOES CREATE A CONFLICT BETWEEN THE RENTER, THEIR AND THEIR LEASEHOLDER. GREAT. THANK YOU FOR THAT CLARIFICATION. GOOD GUARD. I HAVE TO PIGGYBACK ON THAT BECAUSE CONDO HRA THEY DON'T ALLOW IT BECAUSE IT IS OBVIOUSLY A CITY CODE THAT EITHER WAY WE CAN NOT ALLOW IT SO THERE'S NO ADVANTAGE FOR ME TO DO THE SAME. SO THAT'S KIND OF CONCERNING BECAUSE THIS IS MORE BASED ON HOMES NOT APARTMENTS NOR CONDOS. I THINK PERHAPS A BIT OF CLARIFICATION THERE. ARE YOU SAYING YOUR IF YOU WERE TO OWN A CONDO THAT YOUR CONDO DOES NOT ALLOW SHORT TERM RENTALS DOES NOT ALLOW RENTING IT DOES NOT ALLOW SHORT TERM RENTAL VERBAL AIRBNB RATING OF THAT NATURE NOW BECAUSE THAT'S A CITY CODE . YES. BUT COULD IF WE WERE TO CHANGE CITY CODE COULD A GOOD NATO AIR CONDO ASSOCIATION ALLOW THEIR CONDOS TO BE RENTED OUT FOR A SHORT TIME, OVERRIDE THE WAY CHAIR AND COMMISSIONERS SO WAYS AND THOSE TYPES OF AGREEMENTS LIKE YOU KNOW EVEN LEASES THOSE ARE AGREEMENTS BETWEEN LIKE YOU KNOW A PRIVATE PARTY HAS AGREED TO SO THEY WOULD HAVE TO GO THROUGH THE KIND OF THEIR OWN PROCESSES AN ORDER TO HAVE THOSE THINGS CHANGED. THE BY ALLOWING IT THE CITY DOESN'T OVERRIDE A NO LIKE A CONTRACTOR AGREEMENT THAT IN A WAY SO BY ALLOWING IT WHAT IT WOULD PROVIDE AN OPPORTUNITY TO DO IS FOR PEOPLE WHO ARE PART OF THE HRA WHO ARE RESIDENTS OF THE CONDO OR TO GO TO THEIR HRA MEETINGS AND SAY HEY THIS IS NOW ALLOWED AND I WOULD LIKE TO DO IT. CAN WE DISCUSS CHANGING OUR HOME RULES? AND THEY COULD DO THAT. THEY COULD CHANGE THEIR RULES TO ALLOW SHORT TERM RENTALS. BUT I'M A LITTLE UNFAMILIAR WITH EACH PLACE BUT I KNOW IN SOME IT'S A VOTE BETWEEN RESIDENTS AND THE RESIDENTS HAVE A SAY IN THEIR AGE. OKAY SO IT'S NOT A GUARANTEE THAT YOU WOULD BE ALLOWED TO DO SHORT TERM RENTALS IN THAT CASE BUT IT WOULD BE AN OPPORTUNITY FOR YOU TO TAKE THAT CASE TO YOUR CONDO ASSOCIATION. I DIDN'T MEAN TO SPEAK OVER YOU COULD SURE GO INTO THAT. IT'S YOUR QUESTION. YES, THANK YOU. OKAY. ANY OTHER QUESTIONS FOR STEPH ? NOT SEEING ANY NOW BUT AS A STORY ITEM DOES ALLOW US TO GO BACK TO QUESTIONS IF WE LIKE SO WE CAN THEN MOVE IN TO A DISCUSSION. THANK YOU. GREAT COMMISSIONER GARY. THANK YOU. WELL FIRST I THINK GREAT JOB ON THE SUPER THOROUGH AWESOME TABLES MAKES IT SUPER EASY TO UNDERSTAND IN GENERAL. I MEAN INITIALLY I WAS KIND OF IT AGAINST SHORT TERM RENTALS IN GENERAL BUT CONSIDERING JUST BECAUSE I THINK WE NEED TO PRESERVE HOUSING OR KEEP HOUSING UNITS AVAILABLE FOR PEOPLE THAT WANT TO LIVE IN THE CITY. BUT YOU KNOW, AFTER LOOKING AT THIS, I THINK I MEAN I WOULD BE OPEN TO EXPLORING JUST THE RENTING OF A GUEST ROOM SUITE OR A PORTION OF A DWELLING BUT NOT ISSUE. SO IT SEEMS LIKE THAT COULD BE GOOD INCOME FOR PEOPLE THAT YOU KNOW TO SUPPLEMENT THEIR INCOME TO HELP PAY FOR HOUSING AND IT WOULD BE MINIMALLY DISRUPTIVE TO NEIGHBORHOODS SO THAT'S MY INITIAL TAKE ON IT. OKAY. MR. MCGOVERN MY CONCERN IS HOTELS I MEAN THEY'RE COMING BACK FROM 2020 AND THEY'RE TRYING TO, YOU KNOW, GET THEIR FOOTING AGAIN AND GET ESTABLISHED AND YOU KNOW, COMPETING WITH HOTELS, COMPETES WITH JOBS AND COMPETES WITH PEOPLE'S LIVELIHOODS. THAT'S ONE OF MY CONCERNS IS IF WE DO NUMBER TWO THE OWNER PRESENCE THERE IS THAT COMPETITION LEVEL THAT SETS IN IN AND ALSO YOU KNOW THE STRAIN THAT IT PUTS ON STAFF TO FIGURE OUT HOW TO MANAGE ALL OF THIS PLUS THE TAX PORTION OF IT. YOU KNOW, HOW IS THAT ALLOCATED? HOW IS THAT IMPACT THE CITY? HOW DOES THAT HOW IS IT COLLECTED? HOW IS IT MANAGED? THANK YOU, COMMISSIONER. GOOD. THIS IS LINCOLN. HAS THERE BEEN ANY RESEARCH DONE? I KNOW ONE OF YOUR NEGATIVE IMPACTS BULLET POINTS THERE IS THAT THERE IS OPTION TWO OR THREE OR FOUR WOULD HAVE AN IMPACT ON HOTELS. HAS THERE BEEN ANY RESEARCH DONE OR PUBLICATIONS WHATEVER ABOUT OTHER HOSPITALITY CENTRIC MUNICIPALITIES IN WHAT THEY HAVE DONE OR IS THERE ANY IS THERE ANY IS IT ALL THAT WE THINK THAT'S GOING TO HAPPEN OR IS THERE ANY IS THERE ANYTHING PUBLISHED? SHARON COMMISSIONERS, THANK YOU FOR THAT QUESTION. I WOULD HAVE TO DO MORE RESEARCH I THINK TO SEE IF THERE IS ANY STUDIES ABOUT ABOUT CURRENT STUDIES ABOUT THE COMPETITION BETWEEN SHORT TERM RENTALS AND HOTEL INDUSTRY ESPECIALLY IN A TIME WHEN THEY'RE BOTH IN A RECOVERY DUE TO A WORLD EVENT WE DID SOLICIT COMMENTS FROM BLOOMINGTON, MINNESOTA TRAVEL TOURISM AND BONNIE CARLSON THE DIRECTOR THERE DID RESPOND. SHE MOSTLY PROVIDED KIND OF MORE INFORMATION ABOUT FROM THE PERSPECTIVE OF THE HOSPITALITY AND HOTELS AND ACTUALLY REALLY EMPHASIZED SOME OF THE INFORMATION THAT WE PRESENTED ABOUT ITS IMPACT ON HOUSING IN GENERAL. THAT WAS THE PRIMARY FOCUS OF HER COMMENTS BUT IN ORDER TO GET MORE DATA I WOULD HAVE TO LOOK INTO MORE DETAILED STUDIES. I KIND OF LOOKED FOR THINGS THAT WERE 2019 OR MORE RECENT IN ORDER TO REALLY CAPTURE THE CONDITIONS OF OUR OF OUR CURRENT HOUSING AND HOSPITALITY MARKET. A LOT OF THE PREVIOUS ONES THAT I SAW WERE AROUND THE HEYDAY LIKE 2015, 2016, 2017 WHERE THEY WERE SHOWING IN A SIGNIFICANT COMPETITION WITH HOTELS BUT THINGS HAVE CHANGED SO MUCH FROM THEN THAT I DIDN'T INCLUDE THAT PERSPECTIVE. THANK YOU COMMISSIONER WHITE THANK YOU CHAIR AND THANK YOU FOR THE PRESENTATION. REALLY GREAT INFORMATION. I SHARE YOUR AVERSION TO OPTIONS THREE AND FOUR. I KNOW THIS IS DIFFICULT FOR ME BECAUSE I TRAVEL AND HAVE AVAILED MYSELF OF THE SHORT TERM RENTAL ON A NUMBER OF OCCASIONS AND I UNDERSTAND THE ADVANTAGE OF IT. I ALSO LOVE A GOOD HOTEL SO YOU KNOW I CAN SEE ALL SIDES OF THIS. I THINK THAT THE OWNER PRESENT IS A CAN BE A GREAT OPTION IT CAN BE A GREAT OPTION FOR THE HOMEOWNER HAS THE OPPORTUNITY TO HAVE ADDITIONAL INCOME IT CAN BE A GREAT OPTION FOR THE THE TRAVELER WHO MAYBE CAN'T AFFORD THE GOING RATE HOTELS WHICH HAS BEEN CREEPING UP GREATLY IN YEARS BUT IT DOES PUT A BURDEN ON THE STAFF. IT DOES PUT A BURDEN ON THE YOU KNOW, THE FOLKS THAT ARE INVOLVED WITH TRYING TO REGULATE AND MAKE SURE THAT IT'S DONE SAFELY AND PROPERLY AND SO YOU KNOW THAT THAT IS A CONCERN. I THINK MY MY BIGGER CONCERN IS THAT IF WE THE DOOR A LITTLE BIT IT OPENS IT TO THE POTENTIAL OF IT GETTING KICKED OPEN A LOT AND SO I, I AM VERY CONCERNED ABOUT THE HOUSING MARKET IN BLOOMINGTON AND FRANKLY ACROSS MINNESOTA AND THE IMPACT THE LACK AFFORDABLE HOUSING AVAILABLE AND THE FACT THAT WHEN YOU CREEP INTO THE NUMBER THREE AND THE NUMBER FOUR IN PARTICULAR, YOU KNOW, CORPORATIONS AND INVESTORS BUYING UP PROPERTIES AND TURNING THEM INTO SHORT TERM RENTALS FOR HIGH PROFIT HAS REALLY DONE A NUMBER ON THE HOUSING MARKET IN A LOT OF PLACES AND I WOULD HATE TO SEE THAT HAPPEN. BLOOMINGTON WHEN WE ALREADY STRUGGLE TO FIND AFFORDABLE HOUSING WITH THE PROHIBITION IN PLACE SO WITH THAT YOU KNOW, CAUTIONARY TALE IN I GUESS I LEAN TOWARDS KEEPING THE PROHIBITION IN PLACE. I REGRET THE LOSS OF POTENTIAL INCOME FOR HER FOR THE HOMEOWNERS WOULD LIKE TO RENT OUT A ROOM BUT I'M I'M JUST SORT OF CONCERNED UNTIL OUR HOUSING MARKET IS A LITTLE BIT MORE IMPROVED I'M LITTLE RELUCTANT TO EVEN CRACK OPEN THAT DOOR. I THINK YOU, COMMISSIONER, CHAIR AND COMMISSIONERS MAY PROVIDE SOME ADDITIONAL CLARIFICATION AS WELL SO. ANYTHING THAT'S MORE THAN 30 DAYS SOMEONE CAN GET A RENTAL LICENSE AND RENT OUT THEIR SPACE. SO AT THAT POINT SOMEONE GOES FROM KIND OF LIKE THEIR TENANCY IS DEFINED DIFFERENTLY AND THEY WOULD HAVE TENANT RIGHTS BUT SOMEONE COULD HAVE A LEASE FOR 30 DAYS WITH SOMEONE AND ALTHOUGH IT'S NOT AS AND AS FLEXIBLE AS SHORT TERM RENTALS THERE ISN'T A IT'S NOT A THE GAP ISN'T AS WIDE AS I'VE RENTED FOR A WEEKEND AND I HAVE TO RENT SOMEONE FOR A YEAR LEASE. THERE ARE CHALLENGES AND IN FINDING TENANTS WHO ARE OKAY WITH A MONTH BUT WITH OUR JOBCENTRES AND SOME OF THE OPPORTUNITIES THAT WE HAVE AND BEING IN A METRO AREA THERE IS SOME POSSIBILITY WHERE SOMEONE'S LIKE I'M HERE FOR A MONTH AND I WANT TO I WANT TO FIND A MONTH LEASE RESIDENTS ARE ALLOWED TO DO THAT TODAY. THEY CAN GET A RENTAL LICENSE AND THEY CAN DO ONE MONTH LEASES AND SO THE GAP IS REALLY DO I RENT FOR A WEEKEND OR A WEEK EVERY NOW AND THEN OR I DO ONE MONTH LEASES EVERY NOW AND THEN SO THE GAP ISN'T SEVERE AS IT MAY LOOK BETWEEN LONG TERM RENTAL AND SHORT TERM RENTAL. MR. ALBERT THANK YOU CHAIR. I HAVE DONE QUITE A BIT OF DIGGING ON AIRBNB AND VRBO FOR THE CITY OF BLOOMINGTON AND LOOKED MULTIPLE DAYS IN A ROW TO IF WE HAD ANY AVAILABILITY OF SHORT TERM RENTALS IN BLOOMINGTON AND IN FACT WE DO AND SO THAT WOULD BE MY HESITATION TO OPENING THIS UP EVEN MORE BECAUSE I THINK THAT THERE ARE PEOPLE WHO ARE OPERATING TERM RENTALS RIGHT NOW IN THE CITY OF BLOOMINGTON AND. IT'S HARD TO POLICE THAT JUST LIKE IT WOULD BE HARD TO POLICE SOMEONE RENTING HOUSE EVEN FOR A YEAR AND NOT HAVING A RENTAL LICENSE. SAME ISSUE APPLIES HOWEVER SIMILAR TO COMMISSIONER WHITE. I HAVE PROBABLY STAYED IN 50 AIRBNB YEARS ALL OVER THE COUNTRY IN ALL DIFFERENT SCENARIOS I HAVE DONE THE GUEST ROOM IN SOMEONE'S APARTMENT BUT IN NEW YORK CITY WHERE THE COST OF A HOTEL ROOM IS $500 PLUS AND IT WAS AWKWARD NOT NOT MY FAVORITE THING TO DO TYPICALLY WHEN WHEN I HAVE STAYED IN AN AIRBNB I HAVE RENTED A FULL DWELLING AND USUALLY IT'S WITH FRIENDS OR MY ENTIRE FAMILY IS THERE AND IT'S OPPORTUNITY TO BE SOMEWHERE ELSE. SO AS A CONSUMER I LOVE THE IDEA OF A FULL I HATE TO USE AND FRANKLY I THINK THEY DO SERVE A DIFFERENT PURPOSE A HOTEL ROOM IN THAT THERE'S CONVENING SPACE IS A KITCHEN LIKELY MULTIPLE BATHROOMS YOU HAVE PRIVACY YOU DON'T NECESSARILY HAVE SOMEONE KIND OF LOOKING AT WHAT YOU'RE DOING ALL TIME WHERE YOU HAVE AN OWNER PRESENT. THAT BEING SAID, I DO THINK THAT THERE IS SOME ISSUES WITH COMPETITION FOR THE HOTEL. I JUST AM SURE WHAT WHAT ARE THE ACTUAL IMPACTS? I'D BE KIND OF CURIOUS TO KNOW AND THIS KIND OF TURNS INTO A QUESTION SO YOU SAID DINER THEY HAVE A PROHIBITION ON SHORT TERM WHAT ABOUT RICHFIELD SO RENT COMMISSIONERS THANK YOU RICHFIELD IS I WOULD SAY SOMEWHERE BETWEEN SILENT AND ALLOWING WITHOUT WHERE IN THE SENSE THAT I WOULD HAVE TO CALL THEM AND CONFIRM THEM BECAUSE I READ CITY COUNCIL MINUTES THAT HAD RESIDENTS ASKING FOR MORE REGULATION ON IT. WHEN I SEARCHED THEIR CODE THEY HAD NO REGULATION FOR SHORT TERM RENTALS OR TRANSIENT LODGING IN THEIR SHORT TERM OR IN THEIR CODE AND IN SOME FURTHER RESEARCH I SAW THAT THEY WERE THEY ALLOWED IT WITH A RENTAL LICENSE THAT WAS NOT CLEAR ON THEIR WEBSITE. I DIDN'T HAVE AN OPPORTUNITY TO CALL THEM DIRECTLY AND ASK ABOUT THE CLARIFICATION SO I HAVE A HAS IS WHAT I HAVE RIGHT NOW IS THAT THEY ARE SILENT OR THEY ALLOW IT IN SHORT TERM RENT OR IN THEIR RENTAL LICENSING PROGRAM WITHOUT SPECIFIC REGULATIONS THAT. I CAN ALSO FIND THAT INFORMATION FOR YOU AND THEN THERE ARE SHORT TERM THERE. SO I LOOKED I DID ALSO THE KIND OF LIKE CURIOUS CITY WHERE THE SHORT TERM RENTALS I WENT TO THE RV OWNED AIRBNB AND THERE ARE MANY IN RICHFIELD SO THE RESULT IS ALMOST KIND OF THE SAME WHETHER THEY'RE SILENT OR THEY ALLOW IT UNDER THEIR SHORT TERM OR UNDER THEIR RENTAL LICENSING PROGRAM THEY ARE THERE AND OPERATING FROM A WHEELCHAIR. I KNOW IN THE PACKET IT MENTIONED THAT SAINT PAUL HAS PRETTY STRICT RULES ABOUT SHORT TERM RENTALS. WHERE ARE THEY? WHERE DO THEY FALL ON HERE KAREN COMMISSIONERS SO WHERE THEY FALL IS PROBABLY I WOULD SAY THREE NO THREE WOULD BE AS PERMISSIVE AS THEY ARE IN IN KIND OF WHAT I PUT HERE IN THE SENSE THAT THEY DO HAVE I WOULDN'T SAY THAT THEY'RE NECESSARILY STRICT IN SOME WAYS THEY OFFER SO SOME THEY REQUIRE SO MUCH MORE FROM THE HOST THAT BECOMES A LITTLE BIT STRICTER. SO CERTIFIED IN A CERTIFICATE OF OCCUPANCY IF THEY'RE MULTI-UNIT BUILDING OR PROOF OF INSURANCE OR A OR REQUIRING INSPECTION DEPENDING ON THE TYPE OF ACCOMMODATION BUT THEY ALLOW A CERTAIN NUMBER OF UNITS AND MULTIPLY UP TO FOUR UNITS TO BE SHORT TERM RENTALS IF THE OWNER IS PRESENT OR NOT PRESENT. SO IF THEY'RE NOT PRESENT THEY MAY BE ONLY ABLE TO DO LIKE ONE OUT OF THEIR FOUR AND THEN IN SITUATIONS WITH LIKE DUPLEXES IF THE OWNER IS PRESENT IN ONE YOU KNOW THEY CAN SHORT TERM RENTAL THE OTHER SO THERE'S A FEW SCENARIOS THAT THEY COVER IN THEIR TYPE OF ACCOMMODATION WHERE RESIDENTIAL UNITS IN A STRUCTURE OF UP TO FOUR UNITS THEY JUST KIND OF GET A LITTLE BIT MORE REQUIREMENTS YOU GET DOWN TO THAT POINT WHEREAS LIKE SAY OPTION TWO AS I REPRESENT HERE IS JUST LIKE THEY RENT OUT THE ROOM THEY REQUIRE LIKE A REGISTRATION FLASH LICENSING AS WELL AS MAYBE PROOF OF INSURANCE FOR LIABILITY REASONS AND THEN AS THEY AS THEY GET FURTHER INTO FOUR UNITS THEY REQUIRE MUCH MORE THE SECRETARY OF A OF OCCUPANCY SOME SORT OF LIKE FIRE ALSO WHERE THEY'RE MAKING SURE THAT IT'S SAFE TO OCCUPY THE BUILT LIKE TO HAVE GAS THERE BASED ON YOU KNOW FIRE CODE . SO IT GETS MORE DETAILED ONCE YOU GET INTO THAT REALM. SURE. THANK YOU. I READING THIS MATERIAL I WAS REALLY TORN BECAUSE I FEEL LIKE THIS IS A REALLY GOOD OPTION FOR PARTICULARLY FOR FAMILIES WHO ARE TRAVELING TO BLOOMINGTON AND NEED LITTLE BIT MORE SPACE THAN JUST A HOTEL ROOM. HOWEVER, I DO UNDERSTAND SOME THE NEGATIVE IMPACTS THAT ARE POSSIBLE. I'M NOT EXACTLY SURE HOW IMPACTFUL THEY ARE. I DO THE RENTAL MARKET AND THE SHORT TERM RENTAL MARKET ARE VERY DIFFERENT I RECOGNIZE THAT A SHORT TERM RENTAL PROVIDES OR NECESSITY IT'S A LEVEL OF HOSPITALITY THAT A OWNER OF A SINGLE FAMILY HOUSE WHO RUNS FOR A YEAR I DON'T THINK THEY NECESSARILY WANT TO PROVIDE THAT LEVEL OF HOSPITALITY RIGHT CHANGING THE SHEETS, WASHING EVERYTHING, CLEANING ALL THAT STUFF YOU KNOW, MULTIPLE TIMES A WEEK. SO THAT IS TO BE SAID THAT I AM INTERESTED IN FLEXIBILITY I AM I LEAN TOWARDS LOOSENING THE PROHIBITION SECTION TO SEE HOW THINGS GO FOR A PERIOD OF TIME AND OPEN TO OPTION TWO I BELIEVE WELL I TOO HAVE BEEN TORN ON THIS. I WOULD LIKE TO ASK A COUPLE OF QUESTIONS THOUGH. ONE OF MY FELLOW COMMISSIONERS HERE THAT THEY HAVE SEEN SHORT TERM RENTALS ONLINE. DOES ENVIRONMENTAL HEALTH MONITOR THAT AND I'M SURE THEY DO. A CHAIR IN COMMISSIONERS LYNN MOUA IS ONLINE TO ANSWER MORE DETAILED QUESTIONS ABOUT KIND OF THAT AS WELL AND I JUST WANT TO GIVE HER THE OPPORTUNITY TO PROVIDE MORE DETAILS ON THAT BECAUSE I KNOW THAT HERE AND THEY'RE SHE'S MUCH MORE KNOWLEDGEABLE AT HOW THAT ENFORCEMENT IS GOING RIGHT NOW OR HAS GONE IN THE PAST. IT'S KIND OF HER REALM OF EXPERTIZE. I WANT TO GIVE HER AN OPPORTUNITY TO ANSWER THIS QUESTION. THIS WAS GREAT. THIS IS MORE ONLINE IF YOU COULD ON YOURSELF AND TELL US HOW THE ENFORCEMENT IS MORE CURRENTLY WE HAVE YOU IS MUTED WE'RE NOT YOU HERE IN THE CHAMBERS I GIVE A SUMMARY AND FOR MORE DETAILED QUESTIONS I CAN PROVIDE ANSWERS AFTER SURE IF WOULD LIKE MORE INFORMATION SO IN CONVERSATION WITH LYNN THIS THE SHORT TERM RENTALS THAT ARE CURRENTLY AVAILABLE ALL ARE OH SHE SAYS SHE'S LOST AUDIO SO MAYBE IT'S JUST SHE MIGHT BE COMING BACK BUT IN SUMMARY WE KNOW SHE KNOWS ABOUT THE ENVIRONMENTAL HEALTH DIVISION KNOWS ABOUT THOSE THEY'RE TYPICALLY THE KIND OF THE SAME SHORT TERM RENTALS THAT ARE AVAILABLE OVER YEAR MORE AND CASES THAT THEY ARE IN CONTACT IN MANY IN THOSE CASES WITH PEOPLE WHO ARE HOSTS FOR THOSE AND THEY'RE TYPICALLY THAT'S WHERE THE KIND OF COMMON COMPLAINTS COME FROM WHOLE HOUSE RENTALS PADS AND THINGS LIKE THAT. SO SOMETIMES THEY WITHOUT ANYONE KNOWING THAT THEY'RE THERE AND THEN FIND OUT THAT THEY'RE THERE BECAUSE ONE OF THOSE THINGS HAPPENED AND THERE WAS A COMPLAINT AND SOMEONE LET US KNOW THAT THERE WAS SOME SORT OF NUISANCE HAPPENING AND THEN ENVIRONMENTAL HEALTH IS AWARE THAT THE SHORT TERM RENTALS THERE AND THEY OF START GATHERING YOU KNOW THINGS LIKE EVIDENCE AND IN ORDER TO GO TO THEM AND SAY YOU KNOW YOU WERE OPERATING A SHORT TERM RENTAL WITH IN A AND WHERE WE DON'T ALLOW THEM USUALLY BECAUSE IT'S A PROHIBITION IT'S KIND OF LIKE A CEASE THAT USE AND JUST KIND OF CONTINUED LIKE YOU KNOW OPERATING A RENTAL AT ALL WITHOUT A RENTAL LICENSE IS ALSO ONE OF THE THINGS THAT THEY COULD BE THAT COULD END UP IN KIND OF THE COMPLAINT OR THE INVESTIGATION SO THEN THEY GO THROUGH THE PROCESS OF OPERATING YOU KNOW, A RENTAL WITHOUT A RENTAL LICENSE AS WELL AS OPERATING SOMETHING USE THAT'S NOT ALLOWED AND LYNN WILL BE ABLE TO GET I DON'T KNOW WHAT HAPPENS THAT BUT THOSE ARE KIND OF THE CATEGORIES IT ENDS UP WE FIND OUT BECAUSE THERE'S ISSUE AND THEN WE GET WE TO INVESTIGATE IT AND THEN THEY GO THROUGH THE PROCESS OF REMEDIATION IN SOME WAY. JUST ONE FOLLOW UP QUESTION THAT MAYBE YOU KNOW THE ISSUE, MAYBE YOU DON'T. SO ARE WE PROACTIVE IN SEEKING THESE OUT OR IS IT ONLY WHEN WE GET COMPLAINTS? HI THIS IS LYNN. MORE A LITTLE MORE. YOU HEAR ME? WE CAN HEAR YOU. WE ARE PROACTIVE IN LOOKING FOR FOLKS WHO ARE DOING SHORT RENTAL IN VIOLATION OF THE CODE SOMETIMES. IT'S DIFFICULT TO FIND THEM BECAUSE YOU KNOW IT'S NOT LIKE THESE SITES LISTED ADDRESS WE'RE TRYING TO IDENTIFY THE PROPERTY FROM LET'S SAY AN EXTERIOR PICTURE OR SOMETHING AND SOMETIMES WE RECEIVE COMPLAINTS. SO BUT I DON'T WANT TO MAKE YOU FEEL THAT THIS IS A LOT OF COMPLAINTS. IT'S ACTUALLY SOMETHING THAT DOESN'T REALLY COME UP VERY OFTEN THERE ARE NOT A LOT OF COMPLAINTS. THERE ARE NOT A OF PROPERTIES TRYING TO DO THIS THAT WE'VE SEEN WE HAVE SOME CRASH PAD ISSUES. THAT'S WHERE FLIGHT CREWS RENT BEDS THAT THAT'S A DIFFICULT THING ALSO TO TRACK. THANK YOU, MRS. MOUA COMMISSIONER ALBRECHT, I HAVE A QUESTION FOR YOU. YOU SAY YOU STAYED IN A LOT OF AIRBNB? YES. DO YOU FIND BLOOMINGTON TO BE A TYPICAL OR LIKE AN ATTRACTIVE MARKET FOR AIRBNB. THAT IS A GOOD QUESTION I AM NOT MUCH OF A MALL GOER BUT IF I WAS I WOULD SAY THAT PROBABLY THE EXAMPLE THAT I'VE USED WHERE I'VE I WHERE IT RUBS THE WRONG WAY FOR ME IS WE HAVE THIS PERCEPTION ABOUT RENTERS BEING NOT YOU KNOW RESPONSIBLE FOR THE PROPERTY IN A SINGLE FAMILY AND SO THERE ARE A LOT OF PEOPLE WHO USE AIRBNB AS WHO ARE RESPECTFUL QUIET THEIR FAMILIES ALL GOOD NO ONE WOULD EVER KNOW. RIGHT. SO THERE ARE THERE'S THIS SORT OF PERCEPTION THERE TOO. BUT TERMS OF THE RENTAL MARKET FOR THE SHORT TERM RENTAL MARKET FOR BLOOMINGTON I WOULD SAY I USED MY WEDDING AS AN EXAMPLE SO I GOT MARRIED IN MY YARD AND I HAD 200 PEOPLE THERE. I CALLED THE CITY TO WORRY AND IT WAS A MID-DAY THING SHORT BUT I HAD A TON OF FAMILY WHO WAS IN TOWN AND WE DIDN'T HAVE SPACE IN OUR HOUSE AND SO THEY LOOKED FOR AIRBNB AS YOUR HOUSE THEY COULD POTENTIALLY JUST WALK OVER THEY COULD RENT A HOUSE SO THAT MY COUSINS AND MY AUNT AND UNCLE AND THEIR KIDS COULD ALL STAY THERE FOR THE WEDDING, COME OVER TO THE WEDDING AND THEN HAVE SOMEPLACE TO AND KIND OF HAVE A LITTLE BIT OF A REUNION DEAL. SO IT'S TO SAY IF IT'S A STRONG MARKET OR NOT, I THINK POTENTIALLY IT BE GIVEN THE MALL BUT FOR PEOPLE WHO AREN'T USING IT FOR THAT PURPOSE I DO HEAR A LOT OF PEOPLE WHO ARE RENTING SHORT TERM RENTALS NEAR FAMILY MEMBERS SO INSTEAD OF STAYING AT THEIR HOUSE THEY HAVE A LITTLE BIT OF A SEPARATION WHICH TENDS TO BE A GOOD THING IF YOU'RE STAYING FOR A WEEK OR LONGER. SO I WOULD SAY YES THERE'S LIKELY DEMAND BUT I WOULD SAY I ALMOST THINK THE HOTEL OR THE HOTELS WOULD BE BETTER FOR PEOPLE WHO ARE KIND OF DOING THE MALL THING FOR MY PERCEPTION BUT THAT'S JUST ME AND I WILL SAY WHEN I LOOK TO SEE IF THERE WERE AIRBNB IN BARE BONES IN BLOOMINGTON THERE WERE IT SEEMS LIKE MISS WARREN HER TEAM ARE DOING A GREAT JOB OF LIMITING THOSE. THERE WAS ONLY A HANDFUL FIVE MAYBE AND SO THAT'S THAT'S I WANTED TO CLARIFY THAT. YEAH THANK YOU FOR THAT. I WAS REALLY TORN AS I WAS GOING THROUGH THIS BETWEEN OPTIONS ONE AND TWO I THINK I AGREE THAT THREE AND FOUR ARE PROBABLY OFF THE TABLE ALTHOUGH I DO THINK JUST A SEPARATE ADU I DON'T KNOW I THINK I'D BE OKAY WITH THAT IF THE OWNER WAS IN THE HOUSE AND THE ADU AN AIRBNB YOU KNOW IF I HAVE A PROBLEM WITH THAT BUT GENERALLY SPEAKING I THINK ONE AND TWO ARE THE MOST ATTRACTIVE AND I HONESTLY CANNOT DECIDE. I THINK THE MOST THING I'M SENSITIVE TO IS THE HOTEL COMPETITION. I THINK OUR HOTEL INDUSTRY AND OUR HOTEL ARE HONESTLY SORT OF THE BACKBONE OF THIS COMMUNITY IS ALL PEOPLE THAT COME HERE TO WORK IN OUR HOTELS AND WE COULDN'T DO IT WITHOUT THEM AND IT'S A BIG PART OF OUR NEXT HUGE OF OUR TAX BASE. THAT'S WHY OUR TAXES ARE SO LOW IS BECAUSE OF OUR HOSPITALITY INDUSTRY IN THE MALL AND SO I AM SENSITIVE TO THAT AND SO IF I HAD TO PICK I GUESS I WOULD GO WITH NUMBER ONE BUT I'M NOT TOTALLY TO SHUT THE DOOR ON ON THIS I DON'T STAY IN A LOT AIRBNBS MAYBE I'M TOO DELEGATE I DON'T KNOW BUT IT'S REALLY HARD FOR ME TO HAVE A VERY STRONG OPINION THIS. COMMISSIONER MCGOVERN YOU HAD A HAND UP BEFORE IS THERE ANY FURTHER COMMENT YOU WANTED TO MAKE? WE PASS THAT ALONG. I'M SORRY. NO, I'M SORRY, COMMISSIONER. THERE'S THE COMMISSIONER OR COMMISSIONER CURRIE WHERE THEY HAND ME MY SUGAR. THANK YOU CHAIR. IT SEEMS TO ME LIKE WE PROBABLY NEED TO HAVE A BETTER MAYBE UNDERSTANDING OF HOW MUCH WORK IS ACTUALLY REQUIRED TO GOVERN THESE IN THE FIRST PLACE AND MAYBE HOW MUCH ACTUAL ACTIVITY THERE WOULD BE IF WE WERE TO CONSIDER LIKE A SECOND AN OPTION OTHER THAN PROHIBITION. SO LIKE I DON'T KNOW IF AIRBNB IS EARNINGS BREAK OUT WHAT PERCENTAGE OF SALES COME FROM SINGLE BEDROOMS OR OR THAT BASIC UNIT YOU KNOW THE BASIC STRUCTURE I DON'T KNOW IF THAT'S DIFFICULT INFORMATION TO GET OR NOT BUT WELL ONE OTHER THING THAT I WAS THINKING ABOUT IS OKAY ARE TWO MAIN PROVIDERS OF THESE IN THIS YEAR OR ARE VERBIO AND AIRBNB AND I BELIEVE RUBIO DOES NOT LIKE VERBOSE ARE ONLY OWNER NEVER PRESENT UNITS THAT'S THEIR BUSINESS MODEL SO THAT MAY CUT INTO SOME OF THE SOME OF THE MARKET THERE AND SO YOU'RE REALLY LOOKING AT AIRBNB HERE OTHER THINGS ANY OTHER COMMENTS QUESTIONS IS SURE. THANK YOU CHAIR. I JUST WANT TO PIGGYBACK ON WHAT COMMISSIONER CURRIE WAS SAYING REGARDING SORT OF WHAT THE COST WOULD BE TO PAY CLOSER ATTENTION TO WHAT'S HAPPENING IN BLOOMINGTON SHORT TERM RENTALS IF WE WERE TO DOWN THE WHOLE OF NUMBER TWO BECAUSE I DO THINK THAT THERE PROBABLY IS ADDITIONAL STAFF HOURS. I MEAN YOU YOU PUT IT ON HERE AS A NEGATIVE IMPACT TO DEVELOP AND RUN THE PROGRAM. I'M INTERESTED IN WHAT THE COST WOULD BE FOR THAT AND WHETHER OR NOT THAT WOULD OFFSET SOME OF THE POTENTIAL BENEFIT LIKE A TAX SITUATION WOULD WE HAVE TO GO AND COLLECT AND THAT STAFF HOURS AND DOES THAT ACTUALLY OFFSET WHAT ANY OF THE BENEFITS ARE IF PEOPLE ARE ALREADY DOING THIS UNDER THE RADAR I'M SURE THERE'S PLACES OUTSIDE OF AIRBNB AND VERBAL WHO ARE, YOU KNOW, DOING THIS AND I WOULD GUESS THAT THEY JUST THEY FIGURE OUT WHO THEIR GUESTS ARE AND THEY KEEP IT QUIET SO LET ME PUSH ALL RIGHT. ASK YOU ONE OTHER QUESTION. DO PEOPLE DO YOU FIND THAT OWNERS ARE INVESTING IN THESE SHORT TERM RENTAL UNITS LIKE ARE THEY PUTTING A LOT OF MONEY INTO IT OR IS IT MORE COMMON? IT'S JUST OH, THEY'VE GOT A ROOM AND I'M GOING TO STEAL IT FROM MY PERSPECTIVE IN THE PLACES THAT I HAVE STAYED PEOPLE HAVE PUT SUBSTANTIAL OF MONEY INTO THEM. I HAVE SOME EXAMPLES. I STAYED IN A PLACE IN SAN FRANCISCO AND IT WAS LIKE THEMED WHICH WAS REALLY COOL BUT YOU KNOW IT WAS A NON IT OBVIOUSLY NOT A PLACE THAT YOU KNOW THEY WERE LIKE HAVING FAMILY IT WAS CLEARLY FOR SAN FRANCISCO AND LIKE TRAVELERS NOT NECESSARILY PEOPLE WHO LIVE THERE. I'VE ALSO STAYED IN SORT OF LIKE TINY WHERE THAT'S ALL A DIFFERENT KIND OF FEEL AND THEME BUT IT SEEMS LIKE PEOPLE ARE PUTTING SUBSTACK AMOUNTS OF MONEY INTO THAT INCLUDING HOW THEIR UPKEEP IS HAPPENING . USUALLY IT'S VERY CLEAN, EVERYTHING IS WASHED AND METICULOUS. THE PLACES THAT I'VE STAYED THAT I'VE HAD GOOD EXPERIENCES WITH IT I WOULD SAY THAT THERE IS A WIDE RANGE I THAT THERE'S ALSO A VERY BIG DIFFERENCE IN MARKETS THERE'S A VERY DIFFERENCE IN A ROOM IN SOMEBODY'S HOUSE VERSUS, AN INVESTMENT PROPERTY. I THINK THAT I I'VE STAYED IN A PRETTY WIDE RANGE WITH GROUPS OF FRIENDS AND INDIVIDUAL YOU KNOW SOMETIMES I'M PAYING THE BILLS, SOMETIMES I'M NOT AND THAT ALSO IMPACTS HOW NICE OF A PLACE I STAY. AND SO I MEAN I THEY'VE ALL BEEN LIKE SAFE AND CLEAN AND AND MODERATELY WELL CARED FOR BUT I WOULDN'T I WOULD SAY THAT THERE IS A VERY WIDE RANGE OF WHETHER THEY'RE HEAVILY INVESTED IN OR NOT AND I THINK THAT YOU KNOW, IT'S IT'S DIFFERENT BETWEEN AN INVESTMENT WHERE SOMEONE IS IS USING IT TO MAKE MONEY AND THAT IS THE SOLE PURPOSE FOR OWNING IT AND SOMEONE WHO IS OUT A ROOM AND I THINK AND THAT'S NOT TO TO CAST NEGATIVE ASPERSIONS ON SOMEBODY WHO'S RENTING OUT THE ROOM BECAUSE I THINK THEY EQUALLY CARE ABOUT THEIR HOME AND CARE ABOUT WHO'S IN THEIR HOME AND AND WANT TO A GOOD IMPRESSION. BUT YOU KNOW, IT'S THERE IS A BIG DIFFERENCE SO AND THERE'S BEEN I'VE STAYED IN A COUPLE WHERE WE ACTUALLY DIDN'T STAY BECAUSE WE WENT TO CHECK IN AND WE TURNED AROUND AND GOT OUR MONEY BACK IN ONE STATE SOMEWHERE ELSE SO YOU KNOW BEWARE BUYER BEWARE. SO KUSHNER WITH HIS OF AIRBNBS YOU STAYED IN OR HAVE SEEN DO YOU FIND THAT THOSE THOSE ONES THAT HAVE HAD A LOT OF INVESTMENT ARE IN PLACES WHERE THEY LIKE IT'S VERY EXPENSIVE VERY HIGH REAL ESTATE VALUES ARE DOWNTOWN SAN FRANCISCO TYPE OF THING AND AS YOU GET FURTHER AWAY THOSE ARE MAYBE THE ONES THAT HAVE LESS INVESTMENT IN THEM OR IS THAT NOT A CORRELATION? I WOULD I WOULD SAY IT'S ACTUALLY MAYBE A LITTLE THE OPPOSITE IN SOME WAYS BECAUSE I THINK THAT THE PLACES WHERE IT'S A BIG TOURIST MECCA THERE'S MORE COMPETITION AND SO THERE'S MORE PEOPLE JUST BUYING STUFF UP TO TRY AND GET GET THE DOLLAR WHEREAS I THINK WHERE THERE'S THERE'S FEWER PLACES TO CHOOSE FROM I, I HAVE SEEN PEOPLE YOU KNOW, MAYBE A LITTLE MORE INVESTED IN WHAT THEY'RE RENTING OUT THAT'S NOT AGAIN THERE'S GOING TO BE EXCEPT AS SOON AS I SAY THAT THERE'S GOING TO BE 16 EXCEPTIONS TO IT. BUT YOU KNOW IF YOU GO TO A LIKE IN MINNESOTA WHERE THERE'S TWO AIRBNBS AND NO PLACE ELSE TO RENT, THEY'RE PROBABLY PRETTY NICE IF YOU GO TO A TOWN WHERE THERE'S 37 PLACES TO CHOOSE FROM YOU'RE GOING TO HAVE THAT RANGE. YOU'RE GOING TO GET THE CHEAPER END BECAUSE THEY WANT TO SERVE FULL MARKET, RIGHT? I MEAN NOT EVERYBODY CAN AFFORD THREE OR $400 A NIGHT SO THEY'RE GOING TO WANT TO THAT THERE'S GOING TO BE PLACES FOR THE FOLKS THAT WANT TO COME FOR $75 A NIGHT AND THEN THEY WANT TO ALSO HAVE PLACES FOR THE FOLKS THAT CAN AFFORD THE THREE OR $400 A NIGHT. SO IT'S THAT THEY'LL FILL WHAT THEY WILL FILL WHATEVER MARKET CAN FILL AND AT LEAST THAT HAS BEEN MY EXPERIENCE TO BE SURE OF IT PIGGYBACKING ON WHAT YOU'RE TALKING ABOUT IS HOME OWNERSHIP VERSUS INVESTOR SHIP DO. WE KNOW IN THE CITY OF BLOOMINGTON WHAT THAT PERCENTAGE FOR EACH TERM. COMMISSIONER, CAN YOU CLARIFY THE QUESTION ON WHAT THE RATIO IS BETWEEN YOU MEAN BETWEEN AND RENTER AND OWNER OR INVESTMENT PROPERTY VERSUS INVESTMENT PROPERTY VERSUS ACTUAL HOME OWNERSHIP WHERE YOU KNOW PEOPLE OWN THEIR HOME ,THEY TAKE PRIDE IN TAKING CARE OF IT AND THEN YOU HAVE INVESTORS INVEST IN PROPERTY AND TURN AROUND AND HAVE A RENTAL OUT OF IT AND IF THEY WERE TURN THAT INTO, YOU KNOW, AN AIRBNB IF IT WAS ALLOWED. SO I'M TRYING TO GAUGE HOW MANY HOMEOWNERS WE HAVE AS FAR AS PROPERTY AND MANY INVESTOR PROPERTIES DO WE HAVE IN I THINK IT WOULD BE CHALLENGING TO FIND THE EXACT NUMBER OF INVESTMENT PROPERTIES DEPENDING ON THE HOUSING TYPE. I MEAN PLENTY MANAGER MASTERCARD DO YOU HAVE A LIKE GRANULAR WE CAN GET BECAUSE I DON'T KNOW IF WE COULD GET THAT GRANULAR AND PAST LIKE HOMEOWNER WHAT'S RENTER OCCUPIED HOUSING AUSTRALIA TRICKLE IN COMMISSIONER MCGOVERN WE DEFINITELY HAVE DATA ON OWNED HOUSING VERSUS YOU KNOW RENTED HOUSING AND IN TERMS OF INVESTOR OWNED I THINK PEOPLE HAVE DIFFERENT DEFINITIONS. THERE'S THE DEFINITION OF YOU KNOW LARGE CORPORATE OWNER VERSUS YOU KNOW SOMEBODY ELSE AS I'M IS MORE WAS AN MUTING AND I KNOW WE'VE HAD SOME DISCUSSION ON KIND OF THIS INVESTOR OWNERSHIP QUESTION TRACKING THAT OVER TIME FEDERAL RESERVE BANK HAS LOOKED AT THAT AND I THINK THERE'S MORE MIGHT HAVE SOME STATISTICS MORE TO THANK YOU I DON'T HAVE THE STATISTICS HANDY I WAS ASKED TO LOOK INTO IT AT ONE TIME REGARDING OUR LICENSE TO RENTALS SINGLE FAMILY PROPERTIES AND AT THE TIME I CAME WITH ABOUT FOUR INVESTMENT GROUPS AND THAT WAS A COUPLE YEARS AGO AND IN THAT LIKE 1 TO 1 NAME I CAN THINK OF IS LIKE INVITATION FOR EXAMPLE AT THE TIME I DID I WAS ASKED TO LOOK INTO IT THEY OWNED ABOUT 20 HOUSES IN TOWN AND THEY WERE RENTING THEM TO TENANTS OBVIOUSLY IS AND THAT WAS THEIR MODEL THAT THEY WOULD THEY'RE A BIG ENTITY GROUP THAT BUYS UP HOMES, BOUGHT UP A LOT OF HOMES AFTER THE FORECLOSURE CRISIS AND RUNS YOU KNOW, MANY ACROSS THE COUNTRY THOUSANDS OF HOMES RIGHT. AND SO THAT WAS THE MAIN ONE THAT WE HAD IN BLOOMINGTON. BUT AM I DON'T I'M NOT SURE OF THEIR NUMBER COUNT RIGHT NOW. I THINK THEY HAVE A FEW LESS HOMES MAYBE A FEW LESS THAN 20 THERE WERE A COUPLE OF OTHER MINOR ONES THAT HAD JUST ONE OR TWO. BUT WE ALSO HAVE RESIDENTS WHO LIVE IN TOWN. I KNOW ONE FAMILY WHO OWNS 20 HOUSES IN TOWN AND RENTS THEM AND SOMEBODY THAT YOU KNOW, DOESN'T LIVE THAT FAR FROM ME IN TOWN SO LIKE GLEN MARGARET GUY WAS YOU KNOW IT'S REALLY ABOUT HOW YOU DEFINE WHAT THEY ARE BUT OVERALL KNOW IN BLOOMINGTON IF YOU WANT A NUMBER I WOULD SAY AT ANY TIME WE HAVE 1800 SINGLE FAMILY TOWNHOME HOUSE AND DUPLEX LICENSED RENTALS THAT ARE, YOU KNOW, A LONG TERM RENTAL SITUATION. SO IF YOU ARE ASKING ME WELL HOW HOW MANY YOU KNOW COULD BE SHORT TERM RENTAL, I THINK WOULD BE IT'S A LOT MORE WORK TO RUN A SHORT TERM RENTAL IN IN MANY WAYS THAN TO JUST HAVE A LONG TERM RENTAL. SO I THINK IT WOULD BE A VERY DIFFERENT BUSINESS PLAN FOR OUR CURRENT LICENSED RENTAL PROPERTIES DOES THAT ANSWER YOUR QUESTION MR. MCGOVERN YES. YOU GAVE ME MORE CLARITY ON A FEW THINGS BUT I WAS LOOKING MORE AT, YOU KNOW, HOME OWNERS OR HOMES VERSUS TOWNHOMES AND CONDOS AND JUST GETTING A GENERAL PERSPECTIVE OF HOME OWNERSHIP VERSUS INVESTOR PROPERTY AND THE PERCENTAGE OF HOMES THAT ARE OUT THERE FOR HOME OWNERSHIPS VERSUS WHAT INVESTORS HAVE BECAUSE MEAN THAT CAN MAKE A GREAT IMPACT ON HOW YOU WOULD DO THIS SHORT TERM RENTAL BECAUSE THOSE TYPES OF HOMES COULD NOT BE ON A SHORT TERM OR NOT OWNER PRESENT PLEASE BE SURE. WAIT. THANK YOU MR. CHAIR. I HONESTLY DON'T YOU KNOW I THINK IF WE DID CRACK THE DOOR OPEN WITH OWNER PRESENT, I DON'T THINK THE MARKET WOULD SUDDENLY BECOME FLOODED. I DON'T THINK HAVE THE THE KIND YOU KNOW WE'RE NOT NOT A HUGE BODY OF WATER. WE'RE NOT LAS VEGAS, WE'RE NOT SAN FRANCISCO. YOU KNOW SO I DON'T KNOW THAT WE'D YOU KNOW I DON'T THINK WE'D BE FLOODED. I ALSO DON'T THINK THAT THE REVENUE WOULD IN TAXES WOULD BE PROBABLY BARELY ENOUGH OFFSET THE COST OF THE STAFFING NECESSARY TO RUN THE PROGRAM SO I DON'T THINK THAT YOU KNOW I THINK THAT WOULD PROBABLY BE AT BEST A WASH WOULD BE MY GUESS BECAUSE I THINK WE'D BE LOOKING AT LOWER COST WHICH IS GOING TO BE A LOWER TAX, YOU KNOW, LOWER TAX DOLLARS COMING OFF OF IT AND THEN YOU KNOW, THE COST OF ADEQUATE STAFFING FOR THE PROGRAM. SO IT'S I GUESS I'M JUST KIND OF I STILL GO BACK TO THE I'M NOT JUST NOT SEEING A REAL STRONG REASON TO OPEN THE DOOR TO IT. I KEEP COMING BACK TO THAT EVEN THOUGH AGAIN I REALIZE I'M BEING HYPOCRITICAL STAYED AND I AGAIN LIKE LIKE YOU I HAVE MOSTLY STAYED IN PLACES WHERE I'M RENTING THE ENTIRE PLACE AND NOT A ROOM IN SOMEONE'S HOME AND THAT'S PROBABLY SKEWING MY PERSPECTIVE A LITTLE BIT AS WELL. SO ACKNOWLEDGING THAT I GUESS ROBERT I THINK YOU DID MR. CHAIR JUST OCCURRED TO ME COULD THERE BE SORT OF A MIDDLE GROUND BETWEEN TWO AND THREE BECAUSE I THINK I'M COMFORTABLE WITH TWO BUT I, I DO REALLY LIKE THE IDEA OFFERING FULL DWELLINGS I THINK ABOUT LIKE FOR EXAMPLE MY HOUSE LET'S SAY GOING TO COLORADO FOR A MONTH OR SOMETHING AND I WOULD WANT TO RENT OUT MY HOUSE TO OFFSET THE COST OF GOING COLORADO FOR A MONTH. COULD YOU HAVE SOME SORT IN BETWEEN WHERE INSTEAD OF THE OWNER USUALLY PRESENT IT WOULD BE OWNER OCCUPIED RIGHT BUT THAT THEY WOULD HAVE THE ABILITY THEN TO RENT OUT THEIR HOME ON A SHORT TERM BASIS BECAUSE I THINK IT DOESN'T REALLY MATTER. I THINK IF THE IF THE PEOPLE THERE ARE GOING TO BE LOUD AND DO HAVE PARTIES OR DO WHATEVER THEY'RE GOING TO DO OR THERE'S GOING TO BE OF PARKED CARS, WHATEVER I THINK YOU'RE GOING TO HAVE THE SAME THING HAPPEN WITH THE FULL DWELLING VERSUS THE GUEST ROOM AND SUITE. SO NOW THAT I'M THINKING OF IT HAVE WE LOOKED AT THAT AND ALL WE THOUGHT ABOUT THAT ALL. COMMISSIONER ALBRECHT YES. SO THERE WAS A KIND OF IN MY MIND IN A DISCUSSION THAT I'VE HAD WITH OTHER STAFF IS MAYBE THE DIFFERENCE BETWEEN OWNER OCCUPIED AND PRIMARY RESIDENCE . I THINK STATE OF MINNESOTA SAYS IT'S 183 DAYS IN IN MINNESOTA IN A IN A PLACE THAT HOMESTEADED COULD BE PRIMARY RESIDENCE AND THEY SOMEONE YEAH SOMEONE GOES ON A TRIP OR ONCE IS GOING AWAY FOR A WEEKEND OR SOMETHING AND THEY WANT TO PUT THEIR HOME ON AIRBNB OR VERBIO OR SOMETHING LIKE THAT. I THINK THERE WAS A QUESTION ABOUT HOW DO WE DETERMINE PRIMARY RESIDENCE YOU KNOW IS CHECKING COUNTY RECORDS FOR HOMESTEADING ENOUGH? HOW DOES HOMESTEADING WORK ACROSS LIKE THE NATION AND THINGS LIKE THAT WHERE WE EFFECTIVELY REGULATE THAT? I THINK THERE'S THERE IS SOME QUESTION THERE ABOUT IF IS AN EFFECTIVE OPTION FOR THAT IF SOMEONE HOMESTEADS IN MINNESOTA CAN THEY HOMESTEAD IN FLORIDA I MEAN OR YOU KNOW CAN THEY HOW DO HOW DO WE CHECK HOW DO WE CHECK THE CLAIMS ON PRIMARY RESIDENCE? I'M NOT SURE WHERE IF THERE IS LIKE A THING WHERE IT'S LIKE WE CHECK THIS THING AND WE KNOW YOU KNOW THERE WOULD NEED TO BE MORE RESEARCH OR LOOKING INTO THAT AND AND DISCUSSING WITH OUR LIKE MAYBE ASSESSING DEPARTMENT AND OUR DIVISION MAYBE IN DISCUSSION MORE WITH GLYNN OR LEGAL ABOUT WHERE'S THE METRIC THAT SAYS YES THIS IS A PRIMARY RESIDENCE JUST WENT ON VACATION FOR A MONTH OR A WEEKEND A WEEK THEY HAVE YOU KNOW THEY'VE REGISTERED A SHORT TERM RENTAL WE AND AND KNOW WHO TO CONTACT IF THERE ARE ISSUES OR ANYTHING LIKE THAT WHAT THAT METRIC IS WE WOULD HAVE TO DETERMINE HOW DO WE KNOW IT'S PRIMARY RESIDENCE AND SOMEONE JUST IS OFFSETTING SOME HOUSING COSTS MAKING SOME REVENUE FOR A PLACE THEY LIVE THEY ARE STILL A PART OF THE COMMUNITY. MR. ABBOTT THANK YOU MR. CHAIR. I AGREE WITH YOU. I THINK THERE'S PROBABLY SOME ADDITIONAL LIKE OVERSIGHT THAT WOULD NEED TO HAPPEN BUT I THINK THE SAME OVERSIGHT PROBABLY WOULD HAPPEN HAVE TO HAPPEN FOR OPTION TWO. HOW CAN YOU CONFIRM THAT THERE'S THE OWNER PRESENT WHEN THEY'RE RENTING OUT THE ONE ROOM? I DON'T KNOW. AND IS THAT THE ACTUAL OWNER? IS IT SOME SORT OF MANAGER? I DON'T KNOW. LIKE. I THINK WE COULD PROBABLY. THIS IS WHERE I THINK THE TO RUN A PROGRAM LIKE THIS WOULD BE SUBSTANTIAL FOR STAFF TIME SO I WOULD EITHER SAY AND I KIND OF WE'RE BACK TO STORAGE AGAIN WHICH YOU KNOW WE ALL OF I EITHER THINK WE SHOULD PROHIBIT IT OR WE SHOULD OPEN THE DOOR FOR OWNERS OF PROPERTIES TO USE THE TOOL OF SHORT TERM RENTAL EITHER OR I THINK THIS OF MIDDLE GROUND OF NUMBER TWO IS A BIT CONFUSING AND I THINK I DON'T KNOW HOW YOU WOULD MONITOR THAT EITHER. QUESTION IS LINCOLN WHAT IS THE CITY'S POSITION ON TRYING A POLICY SO LET'S SAY WE'RE ALL UNSURE HERE WE DON'T REALLY KNOW WHAT THE NEGATIVE IMPACTS ARE GOING TO BE. SO WE SAY WE'RE GOING TO INSTITUTE POLICY NUMBER TWO FOR THREE YEARS AND SEE HOW IT GOES AND IF WE DON'T LIKE IT WE'RE GOING TO PULL BACK. THAT'S WHY I WAS ASKING THE ABOUT INVESTMENTS IN THESE BECAUSE I COULD SEE A LOT OF PUSHBACK IF WE SAY WE'RE GOING TO DO THIS AND THEN POUR TENS OF THOUSANDS OF DOLLARS INTO THEIR HOMES FOR THIS EXPRESS PURPOSE AND AFTER TWO OR THREE YEARS WE SAY YEAH WE CHANGED OUR MIND. I COULD SEE A LOT OF PUSHBACK ON SOMETHING LIKE THAT. SO AND MAYBE THIS QUESTION WAS MARKER I DON'T KNOW BUT WHAT WAS OUR GENERAL POLICY IN THE CITY OF TRYING POLICY WITH THE IDEA WE MIGHT PULL IT BACK IF WE IF IT'S NOT GOING SO WELL I CHAIR IN COMMISSIONERS I THINK PLANNING MANAGER MARK GARDE OR EVEN KEVIN TOSCHI FROM OUR LEGAL DEPARTMENT MIGHT HAVE A BETTER UNDERSTANDING OF HOW TEMPORARY LIKE HOW TEMPORARY ORDINANCES WORK I AM UNCLEAR ABOUT THAT PROCESS. WHAT ABOUT THEIR EXPERTIZE? MR. MERCURIO SO WITH YOU IS JERICHO AND SO IDENTIFIED THE ISSUE OF INVESTMENT THAT PROPERTY OWNERS WOULD BE NEEDING TO MAKE SOME CASES A SIGNIFICANT INVESTMENT FOR A SHORT PERIOD OF TIME. I THINK THAT'S A BIG ISSUE ANOTHER ISSUE IS THAT REALLY LARGE AMOUNT OF WORK WOULD NEED TO GO INTO WHETHER IT'S A THREE YEAR PROGRAM OR CONSIDER A FAIRLY PERMANENT TERMS OF THE TAXATION ISSUE IN TERMS OF ALL THE ORDINANCES WHETHER IT'S THREE YEARS OR PERMANENTLY PRETTY MUCH HAVE TO DO THE SAME AMOUNT OF PREP WORK THERE. THAT SAID, WE DO LIKE PILOT APPROACHES. UM, TAKING A LOOK AT ORDINANCE PROVISIONS A FEW YEARS DOWN THE ROAD TO SEE IF THEY'RE SUCCESSFUL OR NOT BUT THERE WOULD BE SOME CONCERN WITH A THREE YEAR PILOT IN THIS CASE AND I'D INVITE MR. TUSK. THERE IS MORE TO CHIME IN TO MR. TUSK FURTHER THOUGHTS MR. TUSK YOU'RE NOT MUTED BUT WE DON'T HEAR YOU KEVIN TASK IS ARE ASSISTED CITY ATTORNEY AND I THINK WE HEAR YOU NOW CAN YOU HEAR ME? BETTER NOT. YEAH, WELL ENOUGH. OKAY. SORRY IT MIGHT BE HAVING ISSUES WITH MY HEADSET CHAIR IN AND COMMISSIONERS EACH COUNCIL IS TO ITSELF AND CAN LEGISLATE HOW IT SEES FIT AT ANY TIME GIVEN YOU KNOW PUBLIC HEALTH SAFETY AND WELFARE CONSIDERATIONS SO AS FAR AS PUTTING A SUNSET INTO AN ON OR AN ORDINANCE SOMETHING WE WOULDN'T WANT TO DO THAT BECAUSE IT WOULD YOU KNOW BASICALLY, HANDCUFF WHAT FUTURE COUNCILS CAN DO AND THEY'RE BASICALLY LEGISLATIVE CAPACITY IS SHOULDN'T BE RESTRICTED LIKE THAT I MEAN LIKE MR. MARKET GUARD TALKED ABOUT WE COULD YOU KNOW INSTITUTE A PILOT. I WOULDN'T NECESSARILY PUT A SUNSET PROVISION IN THERE BUT THAT MIGHT BE AN APPROACH WE COULD TAKE. BUT AS FAR AS PUTTING THAT IN AN ORDINANCE I WOULDN'T RECOMMEND IT. SO INSTEAD OF A SUNSET IT'S A DATE TO REEVALUATE LATER THAT'S THAT'S SOMETHING WITHIN OUR LEGAL ABILITY TO DO CORRECT? WE DO THAT QUITE A BIT YOU KNOW WE WE TALK WE DID THE SINE ORDINANCE LAST AS AN EXAMPLE AND WE WILL SCHEDULE A HEARING MAYBE OR A COUNCIL ACTION PC REVIEW MAYBE A YEAR AFTER THAT I THINK WE JUST TO SEE HOW IT'S GOING AND THINGS LIKE THAT LOOK AT IT FRESH, YOU KNOW. SO THAT'S DEFINITELY A POSSIBILITY AND WE DO THAT QUITE A BIT. SO THAT'S THAT'S THE APPROACH I WOULD TAKE FOR THAT. COMMISSIONER CURRY THANK YOU CHAIR. IF I MAY MAKE A SUGGESTION PLEASE BECAUSE I DON'T KNOW IF THE CITY COUNCIL IS GOING TO WANT TO SIFT THROUGH 17 PAGES OF NOTES ON AIRBNB COMMENTS. MAYBE WE DO A STRAW POLL ON WHICH ITEMS WE WANT TO CONTINUE TO EXPLORE FURTHER OR I THINK I'LL ASK MR. LINCOLN WHAT'S MOST HELPFUL FOR YOU? DO YOU FEEL LIKE YOU'VE HEARD ENOUGH FROM US TO TAKE THIS TO COUNCIL OR ARE YOU LOOKING FOR SOMETHING MORE DEFINITIVE? MR. MARKER JEREMY ALSO HAVE AN IDEA. YEAH, IF I CAN JUMP IN . I'VE HEARD LOTS OF COMMENTS. I THINK EVERYBODY KIND OF RANGES ONE AND TWO FOR THE MOST PART WITH MAYBE ONE MEMBER THINKING LOUD THREE COULD BE OKAY. I THINK A STRAW WOULD BE HELPFUL INSOFAR AS IT WOULD ALLOW TO MORE DEFINITIVELY YOU KNOW GIVE A MAJORITY PERSPECTIVE THE PLANNING COMMISSION WHEN WE REPORT BACK TO THE CITY COUNCIL COMMISSIONER ALBRECHT ONE THING IS I DID READ ALL THE COMMENTS FROM LET'S TALK BLOOMINGTON AND I WAS ACTUALLY REALLY SURPRISED ABOUT THE NUMBER OF PEOPLE WHO REALLY THE PROHIBITION LIFTED. SO I DON'T WANT TO LOSE THAT BECAUSE I THINK THAT LET'S TALK BLOOMINGTON IS A GREAT TOOL AND WE DID HEAR FROM SOME MEMBERS OF THE PUBLIC WHO WEIGHED IN THEY'RE NOT HERE TONIGHT. THEY DID WEIGH IN AT THAT POINT SAYING THAT THEY WERE INTERESTED IN LIFTING THE PROHIBITION. I'M NOT TRYING TO SWAY ANYONE ANY WAY BUT I'M FINE DOING THE STRAW POLL BUT I DO WANT TO MENTION THAT THAT WAS OF THE PACKET AS WELL. THANK YOU CHAIR AND COMMISSIONERS ALSO WANT TO MENTION THAT I'VE RECEIVED EMAILS AND IN MY AND THEY WERE NOT IN THE PACKET DUE TO PERSONAL INFORMATION BEING IN THOSE COMMENTS THOSE WITH THE EMAILS THE EMAILS KIND OF MIRRORED WHAT YOU SEE AND LET'S TALK BLOOMINGTON BECAUSE I DIRECTED PEOPLE THERE AFTER THEY CONTACTED ME SO THERE IS ONLY ONE INSTANCE WHERE SOMEONE DIDN'T GO TO LIGHT SPARK BLOOMINGTON AS FAR AS I CAN TELL BASED ON LIKE LANGUAGE AND WHAT THEY THEIR CONCERN WAS THAT WAS ADDITIONAL SUPPORT BUT I ALSO RECEIVED AN EMAIL FROM A RESIDENT WHO WAS REALLY CONCERNED ABOUT HOUSING AFFORDABILITY AND AVAILABILITY AND RECOMMENDED AGAINST LIFTING THE PROHIBITION. I THINK THAT THERE YOU KNOW THERE IS THAT OUT THERE AS WELL AND AT LEAST ONE RESIDENT TOOK THE TIME TO EMAIL A LONGER COMMENT ABOUT HER CONCERN OR CONCERN ABOUT IT. COMMISSIONER WHITE AND ABSOLUTELY A FAN OF PUBLIC PARTICIPATION AND THAT'S ACTUALLY WHAT I DO FOR MY DAY JOB. BUT I WOULD POINT OUT THAT WE PROBABLY AREN'T HEARING FROM THE PEOPLE THAT HAVEN'T BOUGHT HOUSES IN BLOOMINGTON YET AND SO I THINK IT'S IMPORTANT THAT WE ALSO KEEP THAT PERSPECTIVE IN MIND AS WELL. I KNOW WE SPEAK FOR THE PEOPLE THAT LIVE IN BLOOMINGTON BUT I THINK WE ALSO HAVE KEEP THAT YOU KNOW THE FACT THAT THAT WE WANT TO MAKE SURE THAT WE CONTINUE TO HAVE PEOPLE MOVE TO BLOOMINGTON AND LIVE IN BLOOMINGTON TO BE ABLE TO AFFORD TO LIVE IN BLOOMINGTON AS AN IMPORTANT VOICE AS WELL . THANK YOU, COMMISSIONER. WE I THINK A STRAW POLL IS A GOOD IDEA. I'LL ASK IF THERE'S ANY FURTHER CONVERSATION WE WOULD LIKE TO HAVE BEFORE WE TAKE AN INFORMAL VOTE AND YOU CAN USE THIS TIME TO REALLY ABOUT WHICH NUMBER YOU'D LIKE TO CHOOSE HERE. I'M NOT SURE I'M READY, COMMISSIONER CURRIE MAYBE THE STRAW YOU CAN SELECT MULTIPLE SO IF ONE PERSON ONE VOTES FOR ONE YOU CAN HAVE TWO NAMES GET A MAYBE GET A YEAH BECAUSE I WOULD BE OPEN TO POTENTIALLY LOOKING AT MULTIPLE ONES RATHER THAN JUST SELECTING WHAT DO YOU THINK ABOUT THEM AS LINCOLN? I THINK THAT CAPTURING OF HOW THE PLANNING COMMISSION IS FEELING IS DEFINITELY CAPTURING THAT ACCURATELY IS IMPORTANT. I THINK THAT IT WOULD POSE A CHALLENGE AND IN PRESENTING PLANNING COMMISSION'S VIEW TO CITY COUNCIL BUT I WOULD DO MY BEST TO CAPTURE THAT NUANCE OF KIND OF LOOKING AT DIFFERENT OPTIONS. SO I WOULD BE A GOOD HERALDS OF OF WHAT YOU WOULD LIKE TO SHARE WITH ME ALTHOUGH IT MAY BE A LITTLE CHALLENGING IF THEY REALLY WANTING TO KIND OF GET SOMETHING MORE STRAIGHTFORWARD FROM PLANNING COMMISSION BUT I WOULD BE A GOOD HERALD FOR WHATEVER YOU WOULD LIKE TO TELL ME. I THINK THE WAY I'M THINKING ABOUT IS LIKE YOU GOT A POSTER ON THE WALL AND EVERYONE'S GIVEN STICKERS AND YOU CAN USE AS MANY AS YOU WANT BUT YOU CAN ONLY VOTE FOR ONE STICKER ON EACH ITEM AND SO IF YOU LIKE ONE AND TWO YOU COULD PUT A STICKER ON BOTH AND THAT WOULD JUST BE AN ADDITIVE SET OF RESULTS FROM US AND THE ARE CALLED A RECOMMENDATION BUT OUR STRONGEST THOUGHTS WOULD BE THE ONES WITH THE MOST STICKERS AND OUR LEAST DESIRABLE OPTION WOULD BE WITH THE LEAST STICKERS. OKAY TEN COMMISSIONERS A STICKER POLL WOULD BE FANTASTIC. RIGHT? SO WE ARE NO LONGER DOING A STRAW POLL. WE'RE GOING TO DO A VIRTUAL STICKER. YOU MAY PUT A VIRTUAL STICKER ON ANY NUMBER OF THESE. SO ANY FURTHER DISCUSSION? WELL, I THINK YOU HAVE AS MANY AS FOUR IN AS LITTLE AS ONE VISUAL IMPACT. ARE YOU COMFORTABLE IN THAT YOU'VE PROPOSED SORT OF OPTION TWO AND A HALF? YES. YES, I, I, I WOULD VOTE FOR OPTION TWO AND A HALF. THAT'S GOING TO BE TRICKY. WOULD YOU BE VOTING FOR VOTING OPTIONS TWO AND THREE? DOES THAT ADEQUATELY ADDRESS YOUR DESIRES? DO WE NEED TO HAVE A SEPARATE LINE ITEM HERE OF CONSIDERATION? THANK YOU, MR. CHAIR. I THINK THAT WE MAY WANT TO HAVE OPTIONS 1.52.5 GIVEN COMMISSIONER CURRY'S COMMENT REGARDING NOT INCLUDING THE ADU UNLESS I AM TOTALLY OFF ON THAT SUGARY CHAIR THANK YOU. I'M SAYING I'M OPEN TO LOOKING AT ALL OF TWO INCLUDING TO YOU NOT YOU. IF WE WANT TO FURTHER EXPLORE THINGS I'M SAYING I'LL JUST LOOK AT THE WHOLE COLUMN AS IT IS AND THEN WE CAN AND THEN I'M THINKING GO FROM THERE SO WHATEVER. SO YOU'RE STILL IN FAVOR OF A TWO AND A HALF? I COULD BE I COULD BE SWAYED EITHER WAY IT'S TOTALLY FINE. I CAN HAVE THREE STICKERS. OKAY, SO FOR SIMPLICITY IF YOU'RE OKAY WITH IT, I'D LIKE TO STICK WITH ONE, TWO, THREE AND FOUR. OKAY, THOSE ARE THERE ANY FURTHER DISCUSSION? OKAY, I'LL START WITH MY VIRTUAL STICKERS ON ITEMS ONE AND TWO. COMMISSIONER ALBERT THANK YOU CHAIR MY STICKERS WILL GO ON ITEMS ONE TWO AND A HALF AND THREE. COMMISSIONER MCGOVERN MAY WILL GO ON ONE. THANK YOU COMMISSIONER. THANK YOU CHAIR I WOULD GO WITH ONE, TWO AND THREE AND COMMISSIONER WHITE I WOULD PUT THREE OF MY STICKERS ON NUMBER ONE AND ONE STICKER AND NUMBER TWO I THINK IF I COULD ASK THAT WE PUT ONE STICKER ON EACH ACTUALLY THIS IS YES ONE STICKER THEN I WOULD PUT ALL OF MY PUT ALL MY STICKERS ON ONE SO ONE STICKER ON ONE ONE STICKER ON ONE IF THAT'S WHAT I'VE GOT THAT'S WHAT YOU GOT. OKAY. CHEERS. CHEERS. ORDER. OKAY. I'M SORRY WE'VE OVER COMPLICATED THAT AS THIS ENGINEER AND A BUNCH OF OTHER PLANNING COMMISSIONERS TEND TO DO ANYTHING ELSE WE CAN DO FOR YOU. I CHAIR COMMISSIONERS. I WOULD JUST LIKE TO GO OVER A LITTLE BIT OF THE NEXT STEPS. THIS WILL GO THE STUDY ITEM SESSION WILL GO TO CITY COUNCIL ON AUGUST 26TH AND IF YOU DIRECT TO CONTINUE TO PROHIBITION SAY THAT THE RESULTS OF THEIR ACTION ARE BASED ON STUDY AND YOUR FEEDBACK IS CONTINUED THE PROJECT IS COMPLETE AND THERE'S NO FURTHER ACTIONS FOR THIS SPECIFIC TIME IN PLACE AND WORK PLAN AS WITH ANYTHING YOU COULD ALWAYS COME BACK BUY IT THIS WOULD BE COMPLETE IF THERE IF WE ARE DIRECTED ALLOW FROM THE CITY COUNCIL YOU WOULD HEAR CITY CODE AMENDMENTS AND THERE WOULD BE PUBLIC HEARINGS SO THAT WOULD HAPPEN DOWN THE ROAD IN Q4 OF 2020 FOR Q1 OF 2025 PLANNING SPECIFICALLY UPDATE CHAPTERS 19 AND 21 OR IF THE MIGRATION TO 19 TO 21 IS COMPLETE JUST CHAPTER ONE WE WOULD LOOK AT USE TABLES AND STANDARDS AS A RESULT OF JUST THE INTER-DEPARTMENTAL EFFORT TO DEVELOP RUN THE PROGRAM WE WOULD SUGGEST TO COUNCIL TO THE EFFECTIVE DATE OF THE ORDINANCE IN ORDER TO GIVE FINANCE LEGAL ENVIRONMENTAL HEALTH ASSESSING A CHANCE TO DEVELOP THE PROGRAMING. SO IF IT WAS ALLOWED IT WOULDN'T BE EFFECTIVE FOR A PERIOD OF LIKELY MONTHS IN ORDER TO COORDINATE ALL OF THOSE THINGS AND HAVE A PROGRAM READY FOR PEOPLE TO PARTICIPATE IN . SO THAT'S KIND OF THE NEXT STEPS THAT WILL HAPPEN AFTER CITY COUNCIL MAKES THEIR DETERMINATION. WE ASK YOU ONE OTHER QUESTION. SO IF PEOPLE ARE WATCHING OUR DISCUSSION TONIGHT ARE NOW INTERESTED, WHAT'S THE BEST WAY FOR THEM TO HAVE THEIR INPUT? IS IT TO ATTEND BECAUSE IF WE DON'T ALLOW PUBLIC TESTIMONY AT STUDY SESSION SO IS THE LET'S TALK WELLINGTON PAGE. IT'S STILL AVAILABLE FOR COMMENT. IT IS STILL OPEN AND RUNNING. I'M STILL LOOKING AT THOSE AS THEY ARRIVE AND AND PROVIDING KIND OF A RESPONSE TO MAKE SURE THAT PEOPLE KNOW THAT I DID READ IT AND FOR THEM TO KEEP STAY TUNED FOR THESE FURTHER MEETINGS THAT IS THE BEST PLACE THEY CAN ALWAYS TO ASK ADDITIONAL QUESTIONS BUT IF THEY WANT TO MAKE A COMMENT A STATEMENT ABOUT SHORT TERM RENTALS THE LET'S TALK TO TEN IS THE BEST PLACE TO DO THAT VERY WELL THANK YOU IS THINKING THAT WAS VERY COMPLICATED FROM US AND YOU HANDLED IT BEAUTIFULLY THANK YOU VERY MUCH TERRY AND COMMISSIONERS, I APPRECIATE YOUR FEEDBACK IT ASKED FOR MY VIEW IT WASN'T THAT BAD IT'S GOOD HERE YOU'RE VERY YOU'RE VERY GENEROUS ITEM NUMBER FIVE NOW IS OUR ANNUAL REVIEW OF PLANNING COMMISSION OF PROCEDURE. MR. MARK GERHARDT, WE'LL TURN IT TO YOU. YES, CHAIR AND COMMISSIONERS AS THAT EXCITING TIME OF YEAR WHERE WE REVIEW OUR RULES OF PROCEDURE. SO JUST A FEW SLIDES FOR YOU TONIGHT. YOUR RULES ACTUALLY SAY THAT NEED TO REVIEW THEM ONCE PER YEAR IN AUGUST AND THAT THE REVIEW HAS TO INCLUDE DISCUSSION BY THE COMMISSION REGARDING TWO THINGS EXPERT CONTACTS AND CONFLICTS INTEREST. SO FOR OUR AGENDA TONIGHT WE WILL SPECIFICALLY DISCUSS THOSE TWO SECTIONS AND THEN WE'LL JUST HAVE AN OPEN FLOOR OPPORTUNITY FOR QUESTIONS OR DISCUSSION ON OTHER SECTIONS AND THE RULES AND THEN AN OPPORTUNITY TO PROPOSE ANY AMENDMENTS THAT YOU MAY HAVE. SO FIRST OF ALL, REGARDING EXPERT CONTACTS AND THIS IS THE TEXT STRAIGHT OUT OF YOUR RULES OF PROCEDURE SO EXPERT CONTACTS ARE FROM APPLICANTS OR INTERESTED PARTIES OR INTERESTED MEMBERS OF THE PUBLIC WITH COMMISSIONERS OUTSIDE OF THE PUBLIC IN THE INTEREST OF KEEPING ALL COMMISSION DISCUSSION ON AN WITHIN THE PUBLIC RECORD AND TO AVOID THE PERCEPTION OF UNDUE INFLUENCE EXPERT CONTACTS ON MATTERS BEFORE THE COMMISSION SHOULD BE AVOIDED WHEN EXPERT CONTACTS OCCUR THEY SHOULD BE DISCLOSED PRIOR TO THE COMMISSION'S DISCUSSION OF A GIVEN ITEM. SO ONE THING I WOULD NOTE IS THAT THE OPERATIVE WORD IS SHOULD RATHER THAN MUST. THAT WAS A VERY CONSCIENTIOUS DECISION BY PAST PLANNING COMMISSIONS NOT TO RULE THEM OUT ALTOGETHER BUT JUST TO ENCOURAGE COMMISSIONERS TO AVOID PARTE COMMUNICATIONS IF IF THEY CAN. SO BEFORE I MOVE ON, ANY QUESTIONS DISCUSSION ON THAT PROVISION JUST FOR CLARIFICATION, MR. MERCURY LET'S SAY THIS WERE TO HAPPEN TO WHETHER INTENTIONALLY OR UNINTENTIONALLY WHAT ARE THE SPECIFIC STEPS WE SHOULD TAKE? IS THAT AN EMAIL YOU WHAT IS THE BEST PROCEDURE MOVING FORWARD IN THAT INSTANCE? YEAH CHAIR KICKED IN . WHAT I WOULD RECOMMEND IS PRIOR TO ANY DISCUSSION ON AN JUST TO DISCLOSE THAT YOU'VE HAD A CONVERSATION WITH MAYBE IT'S A NEIGHBOR OR THE APPLICANT ABOUT IT JUST SO THAT IT'S ON THE RECORD YOU KNOW IF THERE'S SOMETHING SIGNIFICANT THAT YOU LEARNED FROM THAT DISCUSSION THAT WOULD BE AN OPPORTUNITY TO SHARE IT WITH OTHER COMMISSIONERS AND SO THAT IT'S IN THE PUBLIC RECORD AS WELL. THANK YOU. OTHER QUESTIONS CNN. ALL RIGHT. MOVE ON TO THE NEXT ITEM WHICH IS THE CONFLICTS INTEREST AND AGAIN THIS IS TAKEN OUT OF THE RULES OF PROCEDURE. THOSE CONFLICTS OF INTEREST ARISE FROM ANY ACTUAL OR POTENTIAL BENEFITS. THE COMMISSIONER, SPOUSE, FAMILY MEMBER OR PERSON LIVING IN THEIR HOUSEHOLD MAY DIRECTLY OR INDIRECTLY OBTAIN FROM A PLANNING DECISION. THE COMMISSIONER MAY CONSULT WITH A PLANNING MANAGER OR CITY ATTORNEY TO DETERMINE WHETHER AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST. COMMISSIONERS SHALL DISCLOSE ANY CONFLICTS OF IN A MATTER BEFORE THE COMMISSION SO ABSTAIN COMPLETELY FROM DIRECT OR INDIRECT PARTICIPATION IN ANY MANNER IN WHICH THEY HAVE CONFLICT OF INTEREST AND SHALL LEAVE ANY CHAMBER IN WHICH SUCH A MATTER IS UNDER DELIBERATION. ANY DISCUSSION OR QUESTIONS ON THAT PROVISION? I THINK IN TERMS OF DISCUSSION FOR COMMISSIONER WHITE AS WELL YOU'VE BEEN ON COMMISSIONS BEFORE BUT I DON'T THINK YOU HAD YOUR MEETINGS IN THIS ROOM CORRECT. OKAY. SO WE DO HAVE A ROOM IN THE BACK. IF YOU WERE TO END UP WITH A CONFLICT OF INTERESTS OR ANYTHING SIMILAR THAT YOU CAN DISCLOSE THAT BEFORE WE START THE ITEM THERE IS A BACK THERE AS YOU CAN SEE WHEN WE'RE DONE AND THEN YOU CAN COME BACK IN . SO WE DO A SPACE IN THE BACK THERE. ANY FURTHER DISCUSSION CONFLICTS OF INTEREST SEEING OUR RIGHTS AT THIS POINT I JUST WANT TO OPEN THE FLOOR FOR ANY OPPORTUNITY FOR QUESTIONS DISCUSSION OTHER SECTIONS OR IF YOU HAVE ANY AMENDMENTS YOU'D LIKE TO PROPOSE. THANK YOU MR. RECORD. IN THE PAST WE HAVE MADE AMENDMENTS TO OUR RULES OF PROCEDURE. IT'S BEEN A COUPLE OF YEARS BUT I'LL ASK THE SAME NOW IS ANYONE HAVE ANY PROPOSED AMENDMENTS OR OTHER THINGS WOULD LIKE TO DISCUSS? COMMISSIONER ALL RIGHT. THANK YOU CHAIR. I I WOULD LIKE TO REVISIT THE ATTENDANCE PROVISION IN RULES AND PROCEDURES RELATED TO SOMEONE ON EITHER MEDICAL OR IN MY CASE ON PATERNITY LEAVE . I THINK THAT IT'S IT COULD BE A HINDRANCE TO SOMEONE WHO EITHER IS PREGNANT OR GOING TO HAVE A KID OR WANTS TO HAVE A KID TO GET INTO THE ROLE AND THEN POTENTIALLY BE ON THE DAIS FOR SIX YEARS AND THEN ATTENDING 75% OF THE MEETINGS IN A YEAR. THAT'S WHAT I HAVE TO SAY. THANK YOU, COMMISSIONER ALBERT . THOUGHTS ON THAT COMMISSIONER NATURE? I THINK THAT'S A GOOD POINT. I DON'T KNOW HOW IT RIGHT NOW WHAT IS IT IF YOU MISS MORE THAN 25% OF THE SKETCH OF THE ACTUAL MEETINGS YOU HAVE TO REAPPLY BY THE FOLLOWING YEAR. IS THAT RIGHT MR. RECORD I BELIEVE IT TECHNICALLY SAYS YOU'RE AUTOMATICALLY REMOVED OR WHAT IS THE PROCEDURE THERE CORRECT? CORRECT. IN THE END IT'S ACTUALLY A CITY CODE PROVISION. IT'S NOT IN THE RULES OF PROCEDURE BUT THE CITY CODE THAT ON ALL ADVISORY COMMISSIONS MEMBERS HAVE TO BE PRESENT FOR 75% OF THE MEETINGS THROUGHOUT THE YEAR AND IF THEY FALL BELOW THAT THRESHOLD THEIR REMOVED RIGHT NOW THERE'S NO LIKE HARDSHIP PROVISIONS OR EXCEPTIONS FOR, YOU KNOW, HEALTH SCENARIOS OR YOU KNOW, CHILDREN ON THE WAY OR ANYTHING LIKE THAT TODAY. AND WE CAN CERTAINLY PASS THAT ALONG AND REQUEST THAT. BUT IT WOULD NEED TO BE A CITY CODE AMENDMENT IF SOMEBODY DID MISS THAT THRESHOLD THEY DO HAVE THE OPPORTUNITY TO REAPPLY IF THERE ARE SEATS FOR THE NEXT COMING OR AT THAT POINT IN TIME AND THEN THE COUNCIL WOULD HAVE THE ABILITY TO TO REVIEW THE SITUATION THEN IN INDEED REAPPOINT THEM BUT THAT COURSE IS RELIANT ON THERE BEING AN OPEN SEAT VISUAL APPROACH. IS THAT SUFFICIENT FOR YOUR DESIRES? ABSOLUTELY TO EVEN TAKE A LOOK AT AND SEE POTENTIALLY HOW WE COULD MAKE SERVING ON THE COMMISSION AN ADVISORY COMMITTEE IS MORE ACCESSIBLE TO PEOPLE WITH FAMILIES OR MEDICAL ISSUES ETC. AND I KNOW THE CITY IS UNDERTAKING AN EFFORT COMMISSIONER MCGOVERN I HAVE SAT IN ON A FEW DIFFERENT MEETINGS ABOUT MAKING OUR COMMISSIONS WELCOMING AND OPEN TO FOLKS AND I THINK THAT'S THAT'S GOOD ADVICE, COMMISSIONER. ALL RIGHT. THANK YOU. OTHER ITEMS FOR I DON'T SEE ANY MR. RECORD. I HAVE A MOTION IN FRONT OF US THEN I. WELL THIS IS A STUDY ITEM BUT WE WILL HAVE A MOTION. YES. JERICHO TEN THE RULES ACTUALLY REQUIRE YOU TO ADOPT THE RULES EACH YEAR. OKAY, SO THIS WOULD JUST BE A MOTION TO EFFECTUATE THAT I WILL LOOK FOR THAT MOTION SO MAYBE I'LL HAVE YOU REACT. COMMISSIONER MCGOVERN THANKS. SOUNDS GOOD. EXCUSE ME. I MOVED TO ADOPT THE PLANNING COMMISSION RULES OF PROCEDURE WITH NO AMENDMENTS. THANK. WE HAVE A MOTION IN A SECOND TO ADOPT THE PLANNING COMMISSION RULES OF PROCEDURE NO AMENDMENTS ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY I OPPOSED THE MOTION PASSES FIVE ZERO ANYTHING ELSE ON THAT ITEM, MR. MCCOURT NO, MR. CHAIR. THAT CONCLUDES THAT ITEM. YES IT DOES. THANK YOU VERY MUCH FOR THE MOVE THEN TO ITEM NUMBER SIX ANOTHER STUDY ITEM FOR US CONSIDERING THE DRAFT PLANNING COMMISSIONS FROM JANUARY EXCUSE ME JULY 25TH, 2024 I'LL LOOK FOR A MOTION. MR.. ALBRECHT THANK YOU CHAIR. I MOVE TO APPROVE THE DRAFT SEVEN 2524 PLANNING COMMISSION MEETING SYNOPSIS SECOND YOU HAVE A MOTION AND A SECOND TO APPROVE THOSE MINUTES FROM JULY 25TH 2024 ANY DISCUSSION ALL THOSE IN FAVOR SAY I OPPOSED ABSTAIN ABSTAIN FROM THEIR MOTION PASSES FOUR ZERO WITH ONE ABSTAINING IN ITEM NUMBER SEVEN NOW IS THE PLANNING COMMISSION POLICY IN UPDATE MR. MARKER GOOD CHAIR COMMISSIONERS IN TERMS OF UPCOMING MEETINGS YOUR NEXT MEETING AUGUST 29TH TWO WEEKS WE DO HAVE FOUR ITEMS ON THAT AGENDA INCLUDING ONE THAT WAS CONTINUED FROM THIS EVENING THE SOUTH TOWN PACKAGE OF OF APPLICATIONS THAT'S OUR FIRST ITEM AND WE ALSO HAVE A FIVE YEAR INTERIM USE PERMIT REQUESTS FOR REMOTE AIRPORT PARKING AND THAT'S AT THE PARKING FACILITY. WE THIRD ITEM IS A PUBLIC HEARING FOR A REZONING OF SOUTHGATE APARTMENTS 80/112 AVENUE SOUTH FROM, OUR FLORIDA ROOM 24 AND THEN FINALLY THERE'S A PUBLIC HEARING REGARDING A MAJOR REVISION FINANCING AND BUILDING PLANS. AS FOR AN ADDITION TO A WAREHOUSE BUILDING AT 1900 WEST 96TH STREET AND THEN WE HAVE ANOTHER MEETING RAPIDLY AFTER THAT ONE ON SEPTEMBER 5TH. SO JUST ONE WEEK LATER AND SO FAR WE HAVE TWO ITEMS ON THAT AGENDA PUBLIC HEARING REGARDING A CONDITIONAL USE PERMIT FOR AN EVENT CENTER THAT'S 4210 WEST OLD SHAKOPEE ROAD AND THEN WE HAVE A PUBLIC HEARING ON THE ORDINANCE RELATED TO STREAMLINING DEVELOPMENT PROCESSES AND AND APPLICATIONS WHICH YOU'VE DISCUSSED AT A STUDY SESSION. SO THAT'S WHY WE HAVE AN UPCOMING AGENDAS. THANK YOU, MR. BARKER ARE THERE ANY MISCELLANEOUS ITEMS THAT ARE NOT ON THIS EVENING'S AGENDA THAT THE PLANNING COMMISSION WOULD LIKE TO DISCUSS? I DON'T SEE ANY. WE WILL MOVE IT TO ITEM NUMBER EIGHT OUR FINAL IN THE EVENING WHICH IS THE ELECTION OF PLANNING OFFICERS. MR. BARKER DID YOU HAVE SOMETHING WANTED TO SAY ON THIS? YES, YOU'RE CORRECT IN AS A LITTLE BIT OF A LEAD IN YOUR RULES OF PROCEDURE TALK ABOUT HAVING ELECTIONS EACH AUGUST FOR TWO OFFICES AND THEN AN APPOINTMENT ON A SECRETARY POSITION. SO THE OFFICES ARE CHAIR AND VICE CHAIR. THE RULES SAY THAT IT MUST BE DONE BY SECRET BALLOT AND WE MAY HAVE THE BALLOTS ACTUALLY FRONT OF EACH OF YOU. AND WHAT DO WHEN IT'S TIME TO VOTE YOU'LL JUST CHECK THE NAME OF THE PERSON THAT YOU'RE VOTING FOR FOR THAT PARTICULAR POSITION. WE'LL START WITH A CHAIR VOTE AND THEN THE VICE-CHAIR VOTE AFTER THAT AND THEN SEPARATELY WE DO TYPICALLY ASK THAT IF THERE'S SOMEBODY ON THE COMMISSION THAT ABSOLUTELY DOES NOT WANT TO BE EITHER CHAIR OR DOES NOT WANT TO BE VICE CHAIR THAT THEY JUST MAKE THAT KNOWN UP FRONT TO WOULDN'T WHEN THEY GET VOTED INTO SOMETHING YOU WOU NOT DO. SO I GUESS IN TERMS OF PROCEDURALLY WHAT WE'LL DO IS VOTE FOR CHAIR FIRST AND MR. BROOKS ONCE YOU VOTED JUST ONE OF YOUR VALID AND HALF MR. BROOKS WILL COME AROUND AND COLLECT YOUR BALLOTS AND THEN WE'LL BOTH REVIEW THEM TOGETHER AND GIVE YOU YOUR COUNT AND THEN UPDATE YOU ON ON THAT PARTICULAR ELECTION. SO I THINK FIRST QUESTION IS ON THE CHAIR POSITION. ARE THERE ANY MEMBERS THAT ABSOLUTELY DO NOT WANT TO CHAIR MS. ROY MR. CHAIR, THANK ARE BEING SOME NEW TO THE COMMISSION I'D LIKE TO BE REMOVED FROM CONSIDERATION. OKAY. ANYBODY ELSE YOU KNOW, I DON'T KNOW IF IT'S IN OUR RULES OF PROCEDURE BUT. WE'VE ALSO ASKED IN THE PAST IF ANYONE HAS WOULD LIKE TO EXPRESS INTEREST BEING CHAIR MR.. ALBRECHT EXPRESSING SOME INTEREST ANYBODY ELSE SPEAKING FOR MYSELF I WOULD SAY I'M NOT BEING CHAIR FOR THE NEXT YEAR SO ALTHOUGH I'M OKAY IT SO I THINK I'M JUST FINE ME NOT BEING CHAIR AND ANYBODY ELSE HAVE COMMENTS ON CHAIR OKAY. THE LAST THING I WILL ASK IS THAT WE HAVE A BLACK PEN IN FRONT OF US. SOME OF US TEND TO READ IN OTHER COLORS AND HAVE YOUR BALLOT EXPOSED SO PLEASE USE THE BLACK BETTER VALUE AND I THINK WE'RE READY NOW TO TAKE VOTE. THIS IS ONLY FOR CHAIR YOU WILL SELECT ONE BOX MR. MARKER AS COMMISSIONERS WE DO HAVE A MAJORITY OF VOTES FOR COMMISSIONER ALBRECHT TO BE CHAIR CONGRATULATIONS. OKAY WE WILL VOTE NOW VICE CHAIR AGAIN CHECKING ONE BOX AND I WILL BEFORE WE VOTE AS THE SAME QUESTIONS IS THERE ANYONE WHO DOES NOT WANT TO BE CHAIR CHAIR AGAIN SO NOW I REMOVE MYSELF CONSIDERATION VERY ANY OTHER THOUGHTS EITHER IN FAVOR OR NOT IN FAVOR OF BEING CHAIR I WOULD SAY I WOULD ACCEPT THE ROLE OF VICE CHAIR IF VOTED UPON TO DO SO OKAY WE WILL NOW VOTE FOR VICE CHAIR MR. ALBERT IT'S I'M NOT 100% CERTAIN ON THIS BUT IT IS MY UNDERSTANDING THAT THE CHAIR OF THE PLANNING COMMISSION IS LIKE THE DESIGNATED SURVIVOR IN AND SO IF SOMETHING WERE TO HAPPEN TO THE ENTIRE CITY COUNCIL YOU MIGHT BE MAYOR. SO JUST SO YOU'RE AWARE OF THAT I ACCEPT THE DUTIES AS ASSIGNED AND COMMISSIONERS WE DO HAVE A MAJORITY FOR VICE CHAIR AND THAT AS COMMISSIONER IT'S BEEN ELECTED VICE CHAIR OKAY. AND THEN FINALLY THE RULES TALK ABOUT THE SECRETARY POSITION AND THEY SAY THAT THE CHAIR WILL APPOINT A SECRETARY SUBJECT TO BY VOICE VOTE OF THE COMMISSION STAFF RECOMMENDS ELLIOT BROOKS TO BE SECRETARY I CAN TELL YOU THAT ELLIOT'S BEEN DOING A GREAT JOB AND I'LL LOOK FOR A VOICE VOTE HERE TO ASK WHETHER YOU'D LIKE FOR THAT TO CONTINUE GO FOR IT I I HI. ALL RIGHT ALL RIGHT. I FEEL MYSELF I HEREBY APPOINT ALBERT BROOKS AS SECRETARY OF THE PLANNING. THANK YOU, ELLIOT. IS THAT OFFER THAT I KNOW MR. MACGREGOR THAT'S CORRECT. THAT'S ALL. OKAY. THAT BEING OUR FINAL WE WILL CONCLUDE THIS AUGUST 15TH MEETING OF THE BLOOMINGTON PLANNING COMMISSION. GOOD NIGHT