. GOOD EVENING AND WELCOME TO THE AUGUST 3RD 2023 MEETING OF THE BLOOMINGTON PLANNING COMMISSION. THE PLANNING COMMISSION IS MADE UP OF SEVEN VOLUNTEER OF BLOOMINGTON RESIDENTS APPOINTED BY THE CITY COUNCIL. TONIGHT WE HAVE FULL HOUSE. THE COMMISSION ADVISES CITY COUNCIL ON DEVELOPMENT PROPOSALS DEVELOPMENT STANDARDS, LONG RANGE PLANNING AND TRANSPORTATION ISSUES. OUR WORK IS INFORMED BY THE CITY'S COMPREHENSIVE PLAN VARIOUS DISTRICT PLANS THE CITY CODE FOR SOME ITEMS. THE CITY COUNCIL MAKES A RECOMMENDATION WITH THE CITY COUNCIL HAVING THE FINAL DECISION MAKING AUTHORITY WHICH WE HAVE ONE ITEM OF THAT NATURE TONIGHT. IN OTHER CASES PLANNING COMMISSION CAN APPROVE OR DENY AN APPLICATION SUBJECT TO APPEALO THE CITY COUNC. NONE OF THOSE TONIGHT. FOR EACH ACTION ITEM THERE WILL BE A STAFF REPORT AN OPPORTUNITY FOR THE APPLICANT TO PRESENT AND THEN FOR ANY MEMBER OF THE PUBLIC TO PROVIDE TESTIMONY. OUR FIRST ORDER OF BUSINESS TONIGHT IS THE PLEDGE OF ALLEGIANCE. PLEASE STAND AS YOU ARE ABLE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD. IT IS WITH LIBERTY AND JUSTICE FOR ALL. ALL RIGHT. THE FIRST ITEM OF BUSINESS TONIGHT IS AN ITEM OF BUSINESS OF COMMISSION. WE HAVE THE SWEARING IN OF TWO NEW AND TWO REAPPOINTED COMMISSIONERS AND SO I WILL HAVE I ASK THE QUESTION ARE SUSTAINABLE GO THROUGH IN A COLUMN REPEAT OF THE OATH OF OFFICE SO WOULD COMMISSIONERS ALBERT COOK , DAN MARINO AND CURRY PLEASE STAND AND IF YOU WOULD RAISE YOUR RIGHT HAND AND REPEAT AFTER ME I STATE YOUR NAME. I OPERATE. DO SOLEMNLY SWEAR. DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES. I WILL SUPPORT THE CONSTITUTION AND OF THE STATE OF MINNESOTA AND OF THE STATE OF MINNESOTA. AND FACE FAITHFULLY DISCHARGE THE DUTIES FAITHFULLY DISCHARGE THE DUTIES OF THE OFFICE OF THE PLANNING COMMISSION OF THE OFFICE THE PLANNING COMMISSION OF THE CITY OF BLOOMINGTON IN THE COUNTY OF HENNEPIN COUNTY AND STATE OF MINNESOTA. STATEMENTS. TO THE BEST OF MY JUDGMENT AND ABILITY TO BEST OF MY JUDENT AND ABILITY. CONGRATULATIONS. AND I LOOK FORWARD TO OUR WORKING TOGETHER. ALL RIGHT. THE SECOND ITEM ON THE AGENDA A STUDY ITEM. WE HAVE A CITY MANAGER OF A BURGI IS HERE TO GIVE US AN UPDATE ON THE BLOOMINGTON FORWARD. LONG RANGE INITIATIVE. MR. EVENING MR. CHAIR THANK YOU FOR HAVING ME TODAY AND COMMISSIONERS GOOD EVENING TO OUR NEW. COMMISSIONER CURRY COMMISSIONER MARINO WELCOME. LOOKING FORWARD TO HAVING YOU ON THE PLANNING COMMISSION. GLEN WERE YOU PLANNING TO ICK OR I CLICK FROM HERE IT DOESN'T MATTER WHAT YOU CLICK TRY TO CLICK IF IT WORKS IF IT DOESN'T. JUST LET ME KNOW AND I'LL GET AS OKAY. I'LL TAKE YOU OFF THE HOOK. SO THE ITEM DISCUSSION THIS EVENING IS JUST SHARING WITH THE COMMISSION INFORMATION ABOUT THE BLOOMINGTON FORWARD PROGRAM. I'VE BEEN GOING TO EACH OF THE BOARDS AND COMMISSIONS TO SHARE WHAT THE CITY COUNCIL IS DOING TO MOVE FORWARD PLANNING INITIATIVES AROUND SIGNIFICANT CAPITAL REINVESTMENTS IN THE CITY OF BLOOMINGTON FOR THE BENEFITF BLOOMINGTON RESIDENTSND THE BLOOMINGTON COMMUNITY A WHOLE. SO OUR ROLE IN THIS PROCESS IS TO INFORM AND EDUCATE WHEN WE HAVE WELL THIS IS INVOLVING A BALLOT INITIATIVE IN NOVEMBER WHERE WE WILL HAVE A QUESTION FOR RESIDENTS TO APPROVE A FINANCING TO MOVE THESE FOR THESE PROJECTS FORWARD AND THE CITY'S ROLE IN A REFERENDUM LIKE THAT IS TO PROVIDE INFORMATION AND EDUCATION SO. WE CAN'T ADVOCATE FOR THE PROJECT. THAT'S NOT WHAT WE'RE DOING IN THESE PRESENTATIONS. I CAN'T STAND HERE AND TELL YOU THAT YOU SHOULD OR SHOULD NOT VE FOR SOMETHI I'M JUST SHARING WITH YOU WHAT IT IS, WHY WE'RE DOING IT AND DETAILS AROUND THAT AS WELL. OKAY. AND THEN WHEN WE GET THROUGH HAPPY TO ANSWER ANY QUESTIONS ACTUALLY IF YOU HAVE QUESTIONS AS WE GO MR. CHAIR AT YOUR LEISURE IF YOU WANT TO ENTERTAIN THEM, THAT'S JUST FINE WITH ME. ALL RIGHT, GOOD. SO IT'S LIKE A SERVICE AND FOR THE NEW MEMBER OF THE COMMISSION THIS IS A STUDY ITEM SO YOU'RE FREE TO ASK QUESTIONS ALONG THE WAY AND JUST GIVE ME A NOD AND WE'LL MAKE SURE YOU GET IN . ALL RIGHT THEN I'M GOING TO DRINK MY SODA AS WE GO BECAUSE I'VE BEEN DOING A LOT OFALKING TODAY SO HOPEFULLY IT DOESN'T BOTHER ANYBODY. ALL RIGHT. SO BLOOMINGTON FORWARD IS THE LONG RANGE CAPITAL INVESTMENT PLAN THAT WE HAVE. IT INVOLVES PRIMARILY THREE PROJECTS AT LEAST THAT'S WHAT'S IN FRONT OF THE COMMUNITY RIGHT NOW THAT HAVE A TOTAL OF $159 MILLION FOR THOSE THREE PROJECTS NEW COMMUNITY HEALTH AND WELLNESS CENTER RENOVATIONS OF THE BLOOMINGTON ICE GARDEN AND THEN ENHANCEMENT AND PRESERVATION PROJECT IN THE NINE MILE CREEK CORRIDOR AND NOW IT'S LOCKED UP. IT WAS WORKING SO WELL BEFORE GLENN YOU WANT TO GO AHEAD AND MOVE US FORWARD. HERE WE G ALL RIGHT. SO WHAT WE ARE GOING TO BE ASKING RESIDENTS IS TO APPROVE A LOCAL SALES TAX OPTION IN NOVEMBER ON BALLOT. IN ORDER TO DO THIS WE HAVE TO GET APPROVAL FROM THE MINNESOTA STATE LEGISLATURE. SO ANY LOCAL SALES TAX IS GOVERNED BY THE LEGISLARE. YOU CAN ONLY HAVE IT FOR SPECIFIC PROJECTS. YOU CAN ONLY HAVE IT FOR A SPECIFIC AMOUNT THAT HAS TO BE IDENTIFIED AND YOU CAN ONLY HAVE IT FOR SPECIFIC PERIOD OF TIME. ANY CHANGE OR REAUTHORIZATION OF A SALES IF IT'S APPROVED HAS TO GO BACK TO THE LEGISLATURE FOR APPROVAL SECOND TIME AND IT WOULD HAVE TO COME BACK TO VOTERS TO BE APPROVED AGAIN IF THERE WERE CHANGES IN ANY OF THOSE CONDITIONS. SO THE HF PERCENTALES TAX IS WHAT'S ON T BALLOT NOVEMBER 7TH THE $155 MILLION FOR PROJECTS IS THE TOTAL THAT'S BEING ASKED FOR APPROVAL FROM THE VOTERS. THE ADDITIONAL $4 MILLION CAME FROM BONDING IN THE STATE IN THE 2023 LEGISLATIVE SESSION TO DO PREDESIGNED PLANNING WORK ON THE ICE GARDEN AND ON A PUBLIC HEALTH BUILDING THAT'LL BE PART OF THE HEALTH AND WELLNESS CENTER. SO WE KNOW THESE THREE FACILITIES HAVE BEEN PART OF A LARGER LOOK AT THE FACILITIES AND COMMUNITIES OR CAN FACILITIES AND AND BUILDINGS IN INHE CITY OF BLOOMINGTON THE THE FACT IS THAT BLOOMINGTON IS OF A CERTAIN AGE AND WHEN YOU GET TO BE A CERTAIN AGE THINGS JUST START TO WEAR OUT AND THEY NEED TO BE REPLACED. SO SOMEBODY YOU KNOW WHO IS OF A CERTAIN AGE I CAN RESEMBLE THESE REMARKS RIGHT AND THE BUILDINGS HERE AND THE FACILITIES THAT WE HAVE ARE NO DIFFERENT AND I'LL GET INTO THE DETAILS AUT EACHNE OF THESE BUT WITH THE ICE GARDEN THERE ARE CRITICAL INFRASTRUCTURE IMPROVEMENTS THAT NEED TO HAPPEN AND. WE ARE REACHING THE POINT OF URGENCY ON SOME OF THOSE THINGS THAT WE WOULD WE POTENTIALLY HAVE SIGNIFICANT SYSTEM FAILURE. CREEKSIDE IT AND PUBLIC HEALTH ARE BOTH APPROACHING FUNCTIONAL OBSOLESCENCE THERE 1956 SEVEN VINTAGE BUILDINGS NOT DESIGNED FOR THE TYPE OF USE THAT THEY'RE CURRENTLY USED FOR AND THEN THE NINE MILE CREEK CORRIDOR IS BOTH PART OF PARK SYSTEM MASTER PLANS IMPROVEMENTS AND ALSO TO DO SOME NECESSARY NATURAL AREA RESTORATION AND PRESERVATION AND ELIMINATION OF INVASIVE SPECIES. SO I'M GOING TO TALK ABOUT EACH ONE OF THEM HERE. SO THE CREEKSIDE COMMUNITY CENTER AND BLOOMINGTON PUBLIC HEALTH ARE BOTH MORE THAN 60 YEARS OLD. CREEKSIDE WAS AN ELEMENTARY SCHOOL THAT OPENED IN 1960. IT WAS OPEN FOR 13 YEARS BECAUSE THAT WAS THE BIG BOOM IN BLOOMINGTON CLOSED IN 73 THE SCHOOL DISTRICT CONVEYED THE PROPERTY TO THE CITY AND WE'VE BEEN USING IT AS A SENIOR CENTER COMMUNITY GATHERING SPACE SINCE THAT TIME. IT IS THE AMOUNT OF THE AMOUNT OF COST TO MAKE IMPROVEMENTS TO IT ESSENTIALLY EXCEEDS VALUE OF THE PROPERTY. RIGHT. AND SO IT'S NOT A GOOD TO JUST TRY TO RENOVATE OR REPAIR WHAT THERE AND SO WE'RE LOOKING AT A REPLACEMENT. WE ALSO HAVE JUST SOME CONDITIONS ADA RELATED. YOU KNOW THERE ARE PRIMARY PARTICIPANTS THERE ARE OLDER AND IF YOU'VE FACILITIES IN AN ELEMENTARY SCHOOL YOU KNOW THAT THOSE TWO DON'T NECESSARILY MATCH UP. SO TRYING TO FIX SOME OF THOSE ISSUES THAT'S ALL PART OF THE RATIONALE FOR WHY THE CREEKSIDE COMMUNITY CENTER IS IN NEED OF REPLACEMENT A THEN WE ALSO JUST HAVE HAD SIGNIFICANT POPULATION GROWTH. SO AS WE'RE LOOKING AT WHAT SERVICES WE WANT TO DELIVER OUT OF A WHETHER IT'S SENIOR CENTER OR COMMUNITY CENTER, THAT CENTER ISN'T NECESSARILY OPTIMAL FOR DOING THAT. THE BLOOMINGTON ICE GARDEN IT IS ONE OF THE BUSIEST ICE ARENAS IN MINNESOTA. WE HAVE MORE THAN 9000 HOURS OF ICE ACTIVITY EVERY YEAR THREE SHEETS THERE. THE FIRST ONE IN 1970, THE SECOND AROUND 1976 I BELIEVE AND THE THIRD IN ABOUT 1984. THE THIRD ONE WAS ACTUALLY DONE THE U.S.LYMPIC GOLD MEDAL AND THERE WAS A CRAZE EVERYWHERE THAT THE TREND WAS TO PUT IN OLYMPIC SIZE SHEETS AND THOSE HAVE SINCE OUT OF FAVOR. THEY'RE REALLY HARD TO SCHEDULE FRANKLY FOR YOUTH ESPECIALLY YOUNGER YOUTH HOCKEY BECAUSE THE ICE SHEETS ARE JUST TOO BIG RIGHT. BUT MORE IMPORTANTLY THAN THAT IS THE CONDITION OF THE BUILDING ITSELF. THE ROOF IS IN NEED OF REPAIR. IT'S A REALLY LARGE ROOF. IT'S A BIG PROJECT THE REFRIGERATION SYSTEM NEEDS TO BE REPLACED THE GLYCOL THE ARE 22 WHICHS THE REFGERATION SYSTEM. THAT COMPONENT HAS BEEN PROHIBITED FOR MANUFACTURE HERE AND IMPORT INTO THE UNITED STATES WHICH MEANS THAT ACQUIRING ANY MORE OF IT WE HAVE TO DO THAT ON THE SECONDARY MARKET AND SINCE IT IS A DECLINE SUPPLY AND THERE CONTINUES TO BE DEMAND IT AND YOU UNDERSTAND THIS THE CONDITIONS OF SUPPLY AND DEMAND WE ACTUALLY JUST USED OUR LAST SUPPLY OF OUR 22 TO RECHARGE THE STEM IF WE HAVE A FAILURE THERE IF IT WERE AN ALL SYSTEM FAILURE FOR THE WHOLE ARENA IT WOULD BE $150,000 JUST TO BUY THE OUR 22 SO IT'S A SIGNIFICANT AND URGENT ISSUE FOR US. WE ALSO JUST HAVE AGAIN 88 ISSUES THAT NEED TO HAPPEN AND THEN A LOT OF THE BUILDING REPAIRS THAT NEED TO BE DONE. NINE MILE CREEK CORRIDOR ONE OF THE THINGS WE KNOW I THAT OUR PARK STEM AND OUR NATURAL SPACES AND OUR GREEN AREAS ARE HIGHLY BY RESIDENTS. THAT SHOWS UP IN ALL OF THE SURVEYING THAT WE DO BEHIND THINGS LIKE POLICE AND FIRE THE THINGS THAT PEOPLE MOST STRONGLY ABOUT IS THEIR PARK SYSTEM AND. SO MAKING SURE THAT WE'RE REINVESTING IN THE PARKS HAS BEEN A REALLY HIGH PRIORITY FOR THE COUNCIL. OUR PARK SYSTEM MASTER PLAN WAS A YEAR AND A HALF AGO TWO YEARS AGO AND WE'VE BEEN MOVING TOWARDS IMPLEMENTATION OF THE RECOMMENDATIONS IN THAT SYSTEM PLAN AND THAT INCLUDES FOR THE NINE MILE CREEK AREA IMPROVEMENT FOR THE CORRIDOR AND ALSO REINVESTMENT IN SOME FACILITIES DOWN TO INCREASE BOTH PASSIVE AND ACTIVE RECREATION OPPORTUNITIES THAT AREA AND MAKE SURE THAT THE NINE MILE CREEK CONTINUES TO BE A VIBRANT AND THRIVING WATERWAY ECOSYSTEM IN THE WHOLE IN THE WHOLE CITY. SO HERE'S A LITTLE BIT MORE OF THE DETAILS FOR THE COMMUNITY HEALTH AND WELLNESS CENTER. IT INCORPORATE BOTH PUBLIC HEALTH AND THE CENTER RECREATION TYPE ACTIVITIES INTO THE FACILITY. THE COST WOULD BE $100 MILLION FOR THE THE PROJECT COST THE 101.8 $1.8 MILLION IS THE PRE DESIGN MONEY THAT CAME THE LEGISLATURE THIS YEAR SO $100 MILLION OF ACTUAL CONSTRUCTION AND PROJECT RELATED COST THE AMENITIES THAT YOU SEE THERE ARE BASED ON WORK THAT WAS DONE BACK IN 2018 AND 2019 TO DEVELOP SOME COMMUNITY CENTER OPTIONS. SOME OF YOU MAY REMEMBER THAT BACK THENE WERE LOOKINGT DOING A NEW COMMUNITY CENTER. WE HAD FOCUSED ON THE CREEKSIDE SITE AND THEN LATER LOOKED AT THE VALLEY VIEW SITE AS AN OPTION AND THAT BECAME THE PREFERRED OPTION THERE WAS A FAIR AMOUNT OF COMMUNITY RESISTANCE TO THAT LOCATION AND THE COUNCIL DECIDED NOT TO GO FORWARD AT THE TIME SO THE AMENITIES THAT YOU SEE HERE ARE THE ONES THAT WERE THROUGH A SIGNIFICANT AMOUNT OF COMMUNITY ENGAGEMENT AND STUDY WITH THE COUNCIL FOR THE MEDIUM SIZED OPTION WHICH IS THE ONE THAT WOULD FIT ON THE CREEKSIDE SITE BECAUSE CREEKSE IS A LITTLE BIT OF A SMALLER SITE COMPARED TO VALLEY VIEW WHICH WAS A LARGER PROGRAM WHAT WE WILL DO WITH THE AMENITIES PACKAGE OR THE PROGRAM FOR THE BUILDING ONCE WE KNOW THE OUTCOME OF THE REFERENDUM IS GO BACK OUT AND DO A SIGNIFICANT AMOUNT OF COMMUNITY ENGAGEMENT TO SEE IF THESE ARE STILL THE PROGRAM ELEMENTS THAT PEOPLE WANT INCLUDED IN A BUILDING LIKE THAT A FAIR AMOUNT HAS PROBABLY CHANGED IN THE LAST FIVE YEARS IN ADDITION TO JUST HAVING A PANDEMIC WHICH HAS MAYBE CHANGED THE WAY THAT PEOPLE BEHAVE OR THE WAY THAT THEY THINK ABOUT THINGS. WE'VE HAD SIGNIFICANT TURNOVER IN THE COMMUNITY AND SO FINDING OUT FROM THE VOICE OF THE WHAT THEY WANT TO HAVE INCLUDED IS GOING TO BE IMPORTANT AND THEN WE'LL WILL COME FORWARD WITH A PROGRAM THAT REFLECTS THAT. THIS IS A PRETTY FAIR REPRESENTATION THOUGH OF WHAT WE EXPECT IN TERMS WHAT PEOPLE HAVE IDENTIFIED BEFORE FOR THIS GARDEN RENOVATION. I TALKED A LITTLE BIT ABOUT THAT. THE REPLACEMENT OF THE MECHANICAL AND THE ROOFING. THIS WOULD ALSO INCLUDE IMPROVED DRY LAND TRAINING AREA IMPROVED AND NEW LOCKER ROOMS AND RESTROOMS IN THE AREA. WE DID SOME MODIFICATION A COUPLE OF YEARS AGO. SOME OF YOU MIGHT SAY HEY DIDN'T WE JUST SPEND SOME MONEY ON THE ICE CURTAIN? AND THE ANSWER IS YES WE DID A MILLION AND A HALF OR SO IN SOME IMPROVEMENTS WE ACTUALLY WON A GRANT FROM KRAFT IN THEIR HOCKEY VILLE CONTEST BACK IN 2017. I THINK THAT WAS FOR $75,000 WHICH WE LEVERAGED THEN TO COME UP WITH $1,000,000 OF IMPROVEMENTS AND MOSTLY TO ENTRANCE TO THE BUILDING AND MADE SOME IMPROVEMENTS TO CIRCULATION INSIDE AND SOME IMPROVEMENT TO THE CUSTOMER IN THERE. BUT IT WASN'T ENOUGH MONEY TO DO THESE CRITICAL REPAIRS AND SO ONE OF THE THINGS WE DID DO WAS WE CHANGED UP SOME OF THE LOCKER ROOMS BECAUSE WHEN IT WAS DESIGNED HALF OF OUR POPULATION WASN'T PLAYING HOCKEY ORGANIZED FASHION RIGHT. AND SO THE LOCKER ROOMS WERE JUST DESIGNED FOR ONE GENDER AND SO WE'VE WE'VE MADE SOME MODIFICATIONS THERE. THE WHOLE THE WHOLE LOCKER ROOM AREA IS IN NEED OF IMPROVEMENT. AND THEN I TALKED ABOUT RECONFIGURING RINK NUMBER THREE FROM AN OLYMPIC SIZE BACK TO AN NHL STANDARD SIZE SHEET. AND HERE ARE THE PROGRAM COMPONENTS FOR THE NINE MILE CREEK CORRIDOR RENEWAL PROJECT 12,000 FEET OF NEW TRAILS. THIS PROJECT IS FOCUSED AROUND THE AREAS OF CENTRAL AND MOYER PARK, ONE OF THE QUESTIONS THAT HAS COME UP DURING OUR ENGAGEMENT AROUND THIS PROJECT IS CONCERN THAT WE WERE GOING TO BE STRAIGHTENING THE CREEK. THAT'S NOT THE CASE. WE'RE NOT GOING TO ANYTHING TO ALTER THE EXISTING PATH OF THE CREEK CORRIDOR. IT'S REALLY ABOUT MAKING SURE THAT EROSION CONTROL AND CONTROL OF INVASIVE SPECIES IS MAINTAINING THAT AS A HEALTHY ECOSYSTEM THE TRAILS WILL BE IMPROVED ADDITIONAL BRIDGES TO IMPROVE ACCESS OVER THE CORRIDOR ITSELF AND THEN A NEW PARK SHELTERUILDING NEW PLAYGROUND TO IMPROVE THE WHOLE EXPERIENCE DOWN THERE AND A $20 MILLION PROJECT I FORGOT TO MENTION IT WAS ON THERE BUT JUST WE'RE CLEAR $37 MILLION PROJECT FOR THE ICE RENOVATION AND 20 MILLION FOR THE NINE MILE CREEK. THIS IS A HISTORY OF SOME OF THE ENGAGEMENT THAT WE'VE DONE GOING BACK TO OUR COMMUNITY CENTER TASK FORCE IN 2016 WE ACTUALLY COMMISSIONED THE FIRST STUDY AROUND A COMMUNITY CENTER POSSIBILITY 2014 AND THEN WORKED THROUGH THE TASK FORCE PROCESS 2016. WE BROUGHT IT FORWARD IN 2019. THERE WAS A WHOLE ROUND OF COMMUNITY ENGAGEMENT THERE BEFORE THE DECISION TO MOVE FORWARD AT THE SAME TIME OR ABOUT THE SAME TIME WE STARTED OUR PARK SYSTEM MASTER PLANNING THAT WAS AN INTENSE COMMUNITY ENGAGEMENT FOR A COUPLE OF YEARS BEFORE FINALLY ADOPTING THE PARK SYSTEM MASTER PLAN WE'VE UTILIZED THE SCIENTIFICALLY VALID RANDOM SURVEYS TO GAUGE RESIDENT OPINIONS FOR YOU KNOW THE AMENITIES THAT BLOOMINGTON OFFERS THE THINGS THAT THEY WOULD PRIORITIZE WHAT THEY'D LIKE TO SEE. SO THAT GAVE US QUITE A BIT OF INPUT AND THEN THE ULTIMATE ENGAGEMENT HAPPEN ON NOVEMBER 7TH WHEN PEOPLE ACTUALLY GET TO VOTE ON IT AND. IF THERE ARE QUESTIONS THAT PEOPLE HAVE BLOOMINGTON FORWARD DOT ORG IS THE THAT WE HAVE SET UP TO PROVIDE INFORMATION EDUCATION AND GIVE PEOPLE AN OPPORTUNITY TO SUBMIT QUESTIONS SO LET'S TALK ABOUT THIS LOCAL SALES TAX HOW IT WORKS. FIRST OF ALL, THE LISLATURE REQUIRES THAT MULTIPLE PROJECTS THAT ARE BEING HAVE TO HAVE THEIR OWN SEPARATE QUESTION SO WE CAN'T JUST HAVE ONE QUESTION ASKING FOR APPROVAL FOR $155 MILLION FOR THESE THREE PROJECTS THEY EACH HAVE TO BE IDENTIFIED THE COST OF HAS TO BE IDENTIFIED AND THEN IF ALL THREE OF THEM ARE APPROVED THAT TOTAL AMOUNT OF 155 WOULD BE THE MAXIMUM AMOUNT THAT WE SPEND AND WE WOULD SPEND THAT BY ISSUING DEBT AND THEN SERCING THE DEBT WITH THE REVENUE THAT COMES IN FROM THE SALES TAX ON ANNUAL BASIS. IF THE DEBT IS RETIRED WE HAVE TO STOP COLLECTING IT. WE CAN'T CONTINUE COLLECT IT FOR THE WHOLE 20 YEARS ONCE THE PROJECT HAS BEEN PAID THE SALES TAX TURNS OFF AND AGAIN WE CAN'T IT FOR OTHER PURPOSE WITHOUT GOING BACK TO THE LEGISLATURE AND TO VOTERS FOR REAUTHORIZATION. THE LOCAL SALES TAX RATE AGAIN HALF A PERCENT AND THAT IS NO MATTER IF ALL OF THE PROJECTS ARE APPROVED OR JUST ONE OR TWO OF THEM IS APPROVED. SO IN A SCENARIO WHERE SAY ONE PROJECT GETS APPROVED AND THE OTHER TWO ARE NOT APPROVED BY VOTERS, WE WOULD HAVE A HALF PERCENT SALES TAX JUST FOR THE TIME TO SERVICE THE DEBT ON THAT ONE PROJECT. RIGHT. AND SO IT WOULD OBVIOUSLY TERMINATE IN A MUCH SHORTER PERIOD OF TIME ONCE THE PROJECT WAS PAID FOR. WHY ARE WE LOOKING AT A LOCAL OPTION SALES? SO WE GO BACK TO THE BEGINNING WHEN I TALKED ABOUT THE LK AT CAPITAL REINVESTMENT NEEDS IN THE COMMUNITY THIS STARTED BACK THIS IS A CONVERSATION ALMOST FROM MY VERY FIRST DAY HERE IN 2015 THE COUNCIL RECOGNIZE THAT WE HAVE A LOT OF FACILITIES THAT NEED TO BE MAINTAINED IN BUILDINGS BUT ALSO IN OUR PARK SYSTEM WE HAVE 100 PARKS AND THAT'S A LOT TO KEEP UP WE'VE GOT A LOT OF BUILDINGS AND WE HAVE A LOT OF REINVESTMENT AND REPLACEMENT NEEDS IN THE NEXT TEN YEARS WE'RE GOING TO BE BUILDING FOUR MORE NEW FIRE STATIONS OVER THE NEXT EIGHT YEARS OR SO WE HAVE A NEW MAINTENANCE GARAGE AND MECHANIC'S GARAGE THAT'S GOING TO BE BUILT IN THE NEXT COUPLE OF YEARS. THE PARK SYSTEM MASTER PLAN THAT I TALKED ABOUT IS GOING TO BE DOING A COUPLE OF PARKS EVERY TWO YEARS. THAT'S A SIGNIFICANT REINVESTMENT. ALL OF THAT WILL BE DONE MOSTLY WITH PROPERTY TAX AND LOCAL BONDING PAY FOR THOSE PROJECTS. SO FROM THE VERY BEGINNING THE CITY COUNCIL HAS BEEN ON TRYING TO FIND A WAY FORWARD THAT, HAS THE LEAST AMOUNT OF IMPACT TOHE PROPERTY TAXPAYER. SO THE IDEA OF GETTING A LOCAL OPTION SALES IS A WAY TO RELIEVE SOME OF THE BURDEN OF THE TAXES TO THE TO THE LOCAL COMMUNITY. NOW THE LEGISLATURE HERE WILL ONLY APPROVE A LOCAL OPTION SALES TAX IF HAS SOME SORT OF REGIONAL BENEFIT SO IN ORDER FOR THEM TO APPROVE IT THIS SESSION WE HAD TO DEMONSTRATE TO THEM THAT THESE PROJECTS ARE REGIONAL NATURE RIGHT THE ICE ARENA THERE'S NO DOUBT THERE'S A REGIONAL AMENITY PEOPLE COME FROM ALL OV THE STATE NOT JUST THE TWIN CITIES ALL THE STATE TO PLAY AT BLOOMINGTON ICE GARDEN, THE NINE MILE CREEK CORRIDOR IS A RECREATION AND NATURAL AREA CORRIDOR THAT SPANS MULTIPLE COMMUNITIES AND SERVES A MUCH LARGER AREA AND WITH THE COMMUNITY HEALTH WELLNESS CENTER OUR PUBLIC HEALTH SERVICES ARE PROVIDED NOT JUST TO THE CITY OF BLOOMINGTON BUT ALSO TO THE CITIES OF A DINER IN RICHFIELD . WE WILL WORK IN A TRI CITY CONSORTIUM TO DELIVER THOSE NECESSARY HEALTH SERVICES. SO WE MEET THE REGIONAL TEST ON ALL THREE PROJECTS AND THAT'S WHY THE LEGISLATURE OKAYED US TO ASK VOTERS TO APPROVE IT. SO WHAT THE RATIONALE IS IS THAT REGIONALLY BENEFITING PROJECTS CAN BE SHARED IN THE COST WITH PEOPLE FROM AROUND THE REGION SO IT DOESN'T NECESSARILY HAVE TO BE BORNE JUST BY THE LOCAL COMMUNITY THAT'S HOSTING THAT FACILITY. SO WHEN WE LOOK AT IT WE HAVE INFORMATION FROM THE MINNESOTA DEPARTMENT OF REVENUE. THESE ARE NOT MADE UP NUMBERS BY US BY THE WAY THESE ARE THESE ARE NUMBERS FROM OTHER AGENCIES. SO THE MINNESOTA DEPARTMENT OF REVENUE TELLS US EVERY YEAR HOW MUCH SALES TAXES OR GENERATED WITHIN THE CITY OF BLOOMINGTON AND THEN THE UNIVERSITY OF MINNESOTA EXTENSION OFFICE DOES ANALYSIS AND TELLS US HOW MUCH OF THAT IS BY PEOPLE WHO LIVE IN BLOOMINGTON AND HOW MUCH IS GENERATED BY PEOPLE FROM OUTSIDE OF BLOOMINGTON AND THE NUMBER THAT WE'RE WORKING WITH RIGHT NOW BASED ON 2020 DATA 20 2020 DATA IS 60% OF THE SALES TAX GENERATED HERE IS PAIDOR BY NON BLOOMINGTON RESIDENTS RIGHT BEFORE PANDEMIC SO 2020 WAS RIGHT IN THE MIDDLE OF THE PANDEMIC RIGHT BEFORE THE PANDEMIC THAT NUMBER OF NON RESIDENT TAX REVENUE WAS AT ABOUT 73 TO 75% SO WHY IT FALL SO MUCH IN 2020? WELL MOST OF YOU KNOW OUR STRONGEST INDUSTRY SECTOR IS THE HOSPITALITY INDUSTRY. HOTELS WE MOSTLYLOSED IN 2020. RETAIL WAS SIGNIFICANTLY IMPACTED ENTERTAINMENT VENUES WERE SIGNIFICANTLY IMPACTED. LOT OF THE THINGS THAT GENERATE SALES TAX ACTIVITY HERE WERE MOSTLY SHUT DOWN SO THERE WAS A PRETTY SIGNIFICANT DECLINE. SO THIS NUMBER HAS ACTUALLY BEEN CREEPING BACK UP IN I THINK WHEN WE SEE OUR NEW REPORT IN ABOUT TWO WEEKS FROM THE UNIVERSITY MINNESOTA EXTENSION OFFICE WILL BE CLOSER TO 70%. I DON'T THINK WE'RE GOING TO BE ALL THE WAY BACK UP TO THAT 73 TO 75. BUT IN ANY EVENT THE THE IMPACTS OF THE RESIDENT AS A TAX PAYER FOR THESE PROJECTS IS SIGNIFICANTLY REDUCED IF WE WERE TO ACTUALLY I THINK THAT'S MY NEXT SLIDE. YEP. IF WE WERE TO DO CITY BONDING FOR THESE PROJECTS AND PAY FOR THEM PROPERTY TAX THE BAR ON THE RIGHT IS WHAT THE VALUE HOME WOULD PAY FOR THAT $155 MILLION OF PROJECT COST. IT'S ABOUT $230 INCREASE IN PROPERTY TAXES UTILIZING THE LOCAL OPTION SALES TAX AVERAGE HOUSEHOLD WILL PROBABLY SPEND MORE IN THE NEIGHBORHOOD OF $85 SO YOU CAN SEE FOR A BLOOMINGTON RESIDENT A PRETTY SIGNIFICANT DIFFERENCE IN THE TAX BURDEN TO GET PROJECTS CONSTRUCTED. SO THAT'S THE RATIONALE OF WHY WE'VE LOOKED AT A LOCAL OPTION . SALES TAX IS THE BEST WAY TO DO THIS TO RELIEVE BURDEN FROM THE TAXPAYER. SO HOW DOES IT WORK LIKE SAID IT'S A HALF PERCENT SALES TAX. YOU CAN SEE THE BLOOMINGTON OVERALL SALES TAX RATE CURRENTLY IS 7.5 TO 5 SO IT WOULD GO UP TO 8%. THERE IS ALSO AND I NEED TO ACKNOWLEDGE THAT THE LEGISLATURE ADDED A COUPLE OF METRO SALES TAXES FOR HOUSING AND TRANSIT SO THERE WILL BE AN INCREASE IN SALES TAX THAT IS HAS BEEN APPROVED BY OTHER ENTITIES BUT THE IMPACT TO SOMEBODY SHOPPING HERE IS THAT IF YOU SPEND $10 IT'LL BE AN EXTRA $0.05 ON WHATEVER YOUR TAB IS RIGHT. THE THINGS ON THE RIGHT SIDE ARE REALLY IMPORTANT THOUGH SO THE SALES TAX CAN'T BE EXTENDED OR USED FOR ANY OTHER . I SAID THAT BUT DOWN AT THE BOTTOM THERE THE EXEMPTIONS YOU KNOW CURRENTLY GROCERIES AND CLOTHING MEDICATIONS, FEMININE HYGIENE PRODUCTS, BABY PRODUCTS, AUTOMOBILES THOSE ARE ALL EXEMPTED FROM STATE SALES TAX AND IT DOESN'T CHANGE BY HAVING A LOT OF OPTIONS THAT LOCAL OPTION SALES TAX SO WE WON'T BE COLLECTING THE HALF PERCENT ON AN OF THOSE ITEMS. WE CAN'T MAKE SOMETHING TAXABLE TODAY TAXABLE AT A LOCAL LEVEL. I TOUCHED ON MOST OF THIS IN MY COMMENTS BUT THE TIMING IS ONE OF THE QUESTIONS THAT WE RUN INTO. SO IF THE IF A PROJECT ALL OF THE PROJECTS PASS IN NOVEMBER, WHAT'S GOING HAPPEN? WE WOULD ESPECIALLY WITH THE COMMUNITY HEALTH AND WELLNESS CENTER GO BACK AND DO A SIGNIFICANT AMOUNT OF ENGAGEMENT TO MAKE SURE THAT WE HAVE THE PROGRAM AND ILDING DESIGN REFLECTIVE OF INPUT THE COMMUNITY THE COMMUNITY THE BLOOMINGTON NICE GARDEN IS MOSTLY READY TO GO RIGHT NOW. SO WE'RE ACTUALLY WORKING WITH A DESIGN THAT'LL BE STARTING SHORTLY TO GET THOSE FINAL PLANS READY TO GO SO WE WOULD BE UNDERWAY NEXT SUMMER WITH THE ICE GARDEN IF THAT ONE IS APPROVED AND THAT WOULD PROBABLY BE ABOUT AN 18 MONTH CONSTRUCTION PHASE. THE INTENT IS TRY TO LEAVE SOME ICE OPEN WHILE WE'RE DOING THAT PROJECT WE'VE BEEN LOOKING AT. DO WE HAVE TO SHUT THE WHOLE THING DOWN? CAN WE PHASE IT OVER A COUE OFEASONS AND ITOOKS LIKE THE BEST APPROACH IS GOING TO BE TO CONTINUOUSLY DO CONSTRUCTION ALWAYS TRY TO MAINTAIN AT LEAST ONE ICE SHEET OPERATING SO THAT WE CAN MEET SOME NEED DURING THAT PROCESS. AND THEN THE CREEK CORRIDOR PROJECT MOVE AT WHATEVER TIME WE CAN GET IT DESIGNED AND DO THE ENGAGEMENT NECESSARY. SO I THINK THE LIKELY SCHEDULE WOULD BE CONSTRUCTION OF BIG IN 2024 ENDING IN 25 CONSTRUCTION OF THE HEALTH AND WELLNESS CENTER IS PROBABLY STARTING IN 25 AND CONCLUDING IN 27 THAT'S GOING TO BE A TWO YEAR PROJECT AND THEN CREEK CORRIDOR PROJECT WOULD MOVE PROBABLY IN THAT 2425 TIME FRAME AS WELL IF NONE IF ONLY ONE PASSES LET'S SAY FOR EXAMPLE AND WELLNESS CENTER THAT'S A BIG PROJECT $100 MILLION CUT THE COUNCIL WOULD HAVE TO GO BACK AND HAVE I THINK A FAIR AMOUNT OF CONVERSATION AND DO SOME ENGAGEMENT ABOUT YOU KNOW HOW ELSE PEOPLE WANT TO SOLVE THAT PROBLEM RIGHT. ONE OF THE ISSUES THAT IS URGENT RELATED TO THAT IS THE PUBLIC HEALTH BUILDING I TALKED ABOUT CREEKSIDE A LITTLE BIT AND TALK ABOUT OUR PUBLIC HEALTH BUILDING BUILT IN THE LATE FIFTIES IT CURRENTLY HOUSES ABOUT TWICE AS MANY STAFF AS WAS DESIGNED FOR IT IS A LITTLE BIT OF A RABBIT WARREN OVER THERE BUT MOST IMPORTANTLY WE HAVE A REAL EQUITY ISSUE IN THAT THE PEOPLE THAT WE SERVE THROUGH OUR PUBLIC HEALTH DIVISION PRIMARILY ARE LOWER INCOME AND BIPOC POPULATIONS BLACK INDIGENOUS PEOPLE, COLOR AND THE MANOR AND THE FACILITY FROM WHICH WE'RE DELIVERING THOSE SERVICES HAS A VERY DIFFERENT STANDARD THAN THE BUILDING THAT YOU'RE SITTING IN RIGHT NOW WHICH MANY OTHER PEOPLE IN THE COMMUNITY BENEFIT FROM. RIGHT. AND SO WE HAVE AN EXPECTATION THAT WE'RE GOING TO DELIVER SERVICES IN A WAY THAT IS EQUITABLE ACROSS OUR COMMUNITY AND WE'RE NOT MEETING THAT EXPECTATION WITH THAT FACILITY . SO THAT'S ONE OF THE THINGS THAT NEEDS TO BE RESOLVED. WE'LL A PATH FORWARD ON THAT. MY GUESS IS THAT PUBLIC HEALTH WOULD PROBABLY MOVE SEPARATELY FROM A COMMUNITY CENTER IN THEM A NEW FACILITY. BUT WE'VE BEEN TALKING ABOUT REPLACING THAT FACILITY FOR ALMOST TEN YEARS NOW AND THAT'S A PROJECT THAT PROBABLY GET PRIORITIZED WHETHER OR NOT THE REFERENDUM PASSES. SO HERE'S HOW YOU CAN EARLY IN-PERSON VOTING STARTS SEPTEMBER 22ND ABSENTEE BALLOTING IS STILL AN OPTION. THE BALLOT QUESTION WILL BE ON THE MAIN BALLOT BALLOTS CAN ONLY BE A FRONT AND BACK FOR THIS ELECTION WE HAVE MUNICIPAL OFFICES THIS YEAR ALL SEVEN OF OUR COUNCIL SEATS ARE ON THE BALLOT THIS YEAR AS WELL AS THREE SCHOOL BOARD SEATS AND SO THE BACKSIDE BELIEVE THE BALLOT IS GOING TO BE THE THE QUESTION ON THE LOCAL OPTION SALES TAX AND THEN NOVEMBER 7TH IS IN-PERSON VOTING FOR ELECTION DAY. ALL RIGHT. SO BLOOMINGTON FORWARD DAWG IS THE WEBSITE THAT WE HAVE SET UP TO CONVEY A LOT OF THIS INFORMATION AND FOR EACH OF THESE FACILITIES OUR COMMUNICATIONS TEAM HAS PUT A VIDEO SO PEOPLE CAN ACTUALLY SEE THE CONDITIONS INSIDE THOSE FACILITIES THEY CAN SEE THE MECHANICAL AND, THE BUILDING, THE STRUCTURAL ISSUES THAT NEED TO BE ADDRESSED SO THAT YOU CAN VISUALIZE IT BECAUSE FRANKLY IF YOU'RE JUST DOING THIS AS SORT OF A AN ACADEMIC EXERCISE, IT'S HARD FOR PEOPLE TO UNDERSTAND THE NEED IS BUT THE STAFF WORKING IN THOSE FACILITIES AND THE COMMUNICATIONS TEAM HAS DONE A REALLY NICE JOB OF HELPING PEOPLE UNDERSTAND VISUALLY AND EXPERIENTIALLY WHY THOSE FACILITIES ARE BEING PRIORITIZED FOR RE-INVESTMENT . NOW THE OTHER THE OTHER THING WE HAVE THERE LIKE I SAID IS FREQUENTLY ASKED QUESTIONS AND WAY FOR PEOPLE TO SUBMIT QUESTIONS. WE'RE RESPONDING TO RELATIVELY QUICKLY. THE ONE THING I DO WANT TO SHARE WITH EACH OF YOU AGAIN OUR ROLE IS TO INFORM AND EDUCATE AND SO AS PLANNING COMMISSION MEMBERS YOU ARE BOUND BY T SAME PROHIBITIONS FROM THE STATE IN TERMS OF SPEAKING THIS IN YOUR ROLE AS A PLANNING COMMISSIONER. OKAY. SO YOUR FRIENDS AND FAMILY AND NEIGHBORS PROBABLY KNOW THAT YOU YOU DO STUFF FOR THE CITY, RIGHT? THEY KNOW THAT YOU KNOW THINGS AND THEY'RE GOING TO ASK YOU STUFF. YOU CAN TELL THEM WHATEVER YOU WHATEVER YOU THINK IF YOU THINK THESE PROJECTS SHOULD MOVE FORWARD, IF YOU THINK THAT WE SHOULDN'T DO THE SALES TAX YOU'RE FREE TO TELL THEM WHATEVER YOU THINK WHAT YOU CAN'T DO IS USE YOUR CITY EMAIL TO SEND SOMETHING IN THAT RARD OR PUT SOMETHING WITH CITY LETTERHEAD ON IT OR DO SOMETHING FROM THE DAIS THAT WOULD SEEM TO CONVEY A POSITION BY CITY REPRESENTATIVE. OKAY, BUT YOU DON'T LOSE YOUR FIRST AMENDMENT RIGHTS AS A RESIDENT SO YOU CAN YOU CAN ADVOCATE EITHER SIDE AS MUCH AS YOU WANT ON OF OR AGAINST THE PROJECT JUST DON'T DO USE CITY RESOURCES TO DO IT AND THE SAME GOES WITH THE STAFF HERE AND WITH THE COUNCIL MEMBERS ARE OUR STAFF MEMBERS WHO LIVE IN THE COMMUNITY ARE FREE TO TELL AS MANY PEOPLE WHAT THEY THINK JUST CAN'T USE THEIR EMAIL. THEY CAN'T USE ANY CITY RESOURCES TO DO IT. SO I THINK THAT'S IT JUST STOPPING ON MR. CHAIR, IF THERE ARE QUESTIONS HAPPY TO ANSWER. THANK YOU. I WILL OPEN THE FLOOR FOR QUESTIONS DISCUSSION FEEDBACK DIALOG IT'S A LOOK AT THE STUDY ITEM SO IT'S PRETTY INFORMAL COMMISSIONER THANKS CHAIR I HAVE A QUESTION ABOUT THE COMMUNITY CENTER AND. ONE OF THE QUESTIONS I HAD IS DO WE PLA ON HING THE COMMUNITY CENTER WHOLLY MANAGED BY THE CITY OF BLOOMINGTON? WOULD IT BE A JOINT VENTURE? I KNOW THAT WAS A PREVIOUS PROPOSAL IN THE PAST IT WAS PART OF THE CONSIDERATION OF COMMISSIONER GROSSMAN BACK IN 2018 AND EVEN BEFORE THAT WE WERE LOOKING AT DIFFERENT OPTIONS AND WE HAD QUITE BIT OF CONVERSATION WITH THE YMCA ABOUT A SHARED ON MANAGING AND OPERATING THE FACILITY AND ULTIMATELY THE COUNCIL DECIDED NOT TO MOV FORWARD ITHAT ND A PARTNERSHIP. I THINK THERE WAS CONCERN THAT THE LEVEL OF CAPITAL INVESTMENT FOR THE AMOUNT OF CONTROL AND COST SAVINGS THAT WE WOULD GET WASN'T NECESSARILY THE VALUE THAT THE COUNCIL THE TIME THOUGHT ABOUT. IT WOULD NOT SURPRISE ME IF QUESTION LIKE THAT CAME BACK UP JUST BECAUSE THE WORLD HAS CHANGED BIT RIGHT OR CONDITIONS HAVE CHANGED AND SO IT DOESN'T HURT FOR US TO GO BACK AND TAKE A LOOK AT WHAT THE YOU KNOW, THE THE LOCAL ENVIRONMENT IS AND WHETHER THERE ARE WAYS THAT THAT WE CAN ENHANCE SVICES BECAUSE ULTIMATELY WHAT WE'RE TRYING TO DO IS MAKE SURE THAT WE'RE DELIVERING THE BEST POSSIBLE SERVICES AND THE SERVICES THAT PEOPLE WANT AND AND IF THERE'S A BETTER WAY TO DO THAT THAN JUST HAVING THE CITY BE THE SOLE OPERATOR, THEN I WOULD IMAGINE THAT THE COUNCIL WILL BE INTERESTED IN LOOKING AT THAT. THANK YOU COMMISSIONER COOKTOWN. THANK YOU FOR STICKING WITH THE COMMUNITY CENTER HERE WHAT ARE THE SURROUNDING USES TO THEIR CREEKSIDE SITE AND ARE WE CONSIDERING ANY ACQUISITION WE HAVE A MAP COMMISSIONER COOKTOWN ON THE ON THE WEB PAGE SOEOPLE CAN SEE WHERE THESE ARE BUT I DON'T THINK IT REALLY DOES A GOOD JOB OF SPECIFYING THE SURROUNDING USES. SO FOR THE CURRENT CREEKSIDE SITE IT'S LOCATED AT PENN IN 98TH AND JUST TO THE SOUTH IS THE PRESBYTERIAN HOMES SENIOR LIVING FACILITY AND THEN THERE'S A PARK RIGHT ALONG NEWTON RIGHT ON THE OTHER SIDE OF NEWTON IS RESIDENTIAL. SO BETWEEN HERE AT CIVIC AND THE CREEKSIDE WE'VE GOT ABOUT THREE BLOCKS OF RESIDENTIAL MOSTLY SINGLE FAMILY HOMES WE DO HAVE ON THE SOUTH END OF NEIGHBORHOOD SOME MULTIFAMILY COMMUNITIES AND THERE'S A MULTIFAMILY PROPERTY RIGHT HERE ACROSS THE STREET ON LOGAN WE HAVE NOT DISCUSSED PROPERTY ACQUISITION WITH THE COUNCIL RELATED TO THIS PROJECT WE HAVE IN THE PAST HAD SOME CONVERSATION ABOUT ACQUISITION OF PROPERTY IN THAT AREA AND THE COUNCIL AT THAT TIME CHOSE NOT TO MOVE FORWARD WITH THOSE KIND OF CONVERSATION SO TO THE NORTH OF THE PROPERTY ON THE OTHERIDE OF 98 IS A COMBINATION OF MUIFAMILY RIGHT ON THE CORNER AND THEN SOME COMMERCIAL TO THE EAST OF IT AS WELL. SO CREEKSIDE PARK I BELIEVE WE CALL IT THAT WOULD BE REDEVELOPED AS PART OF THIS IT IS PROBABLY GOING TO BE INCORPORATED INTO THE DEVELOPMENT PLAN WHETHER IT MAIN IS MAINTAINED AS GREEN SPACE OR NOT WILL BE ONE OF THE THINGS WE HAVE TO FIGURE OUT DURING THE DESIGN PROCESS BECAUSE IT IS A SMALLER SITE AND WE'LL HAVE SOME PARKING REQUIREMENTS WHICH I WOULD IMAGINE THE PLANNING COMMISSION IS INTERESTED WILL NEED TOIT A LOT ONTO THAT SITE AND WE'LL HAVE TO LOOK AT WHETHER STRUCTURED PARKING IS A BETTER OPTION THAN SURFACE PARKING AND IF WE NEED SURFACE PARKING HOW FAR SALT THAT'S TO EXTEND TOWARDS THE PARK. THANKS . YES COMMISSIONER CRAIG, ARE THERE ANY EXPECTATIONS FOR CHANGES IN AT ALL THAT WOULD ME FROM THE NEW COMMUNITY HEALTH CENTER THERE? MR. CHAIR AND COMMISSIONER CURRIE, WHEN WE WERE AT IT IN 2018 AND 2019 WE DIDN'T HAVE TRAFFIC REDESIGN SO WE TRIED TO UTILIZE THE SITE AND MAXIMIZE IT WITH THE EXISTING CONDITIONS. I DON'T THINK THERE'S A YOU KNOW THERE'S AN ACCESS OFF OF PEN AND THERE'S ACCESS OFF OF NEWTON AND I DON'T KNOW THAT THERE'S AN ALTERNATIVE TO ADDING ADDITIONAL ACCESS. YOU KNOW, I THINK THE POTENTIAL HERE IS OBVIOUSLY FOR THE RESIDENTS WHO LIVE ALONG NEWTON THAT THAT IN AND OUT TRAFFIC THERE COULD BECOME A LITTLE BIT PROBLEMATIC BUT THE CURRENT SITE HAS ACCESS FROM THE PARKING LOT AND NOT JUST OFF OF NEWTON AS I THINK GLEN AM I WRONG ABOUT THAT IS THERE AN OUT FROM THAT PARKING LOT ON THE 90TH RIGHT IN RIGHT OUT YEAH YEAH OKAY YEAH THIS IS THE QUESTION THAT MAYBE ACTUALLY MORE THE PLANNING MANAGERS AS COMMISSIONER COOKSON W ASKING ABOUT PROPERTIESO THE EAST THIS AREA YES ABOUT PROPERTIES IN GENERAL AND THE CITY MANAGER ABOUT PROPERTIES TO THE EAST DO WE KNOW GENERALLY SPEAKING THE PROPERTIES THAT WERE DISCUSSED ARE THOSE MORE MARKET RATE ARE THOSE A NATURALLY OCCURRING AFFORDABLE IF YOU HAD TO CATEGORIZE BROADLY OR IS IT A MIX? YEAH GENERALLY COMMISSIONERS GENERAL AND COMMISSIONERS I WOULD SAY THE SINGLE FAMILY HOMES ARE PROBABLY A MIX OF MARKET RATE AND OCCURRING AFFORDABLE UNITS. THE MULTIFAMILY THAT AREA TENDS TOE MORE NURALLY OCCURRING AFFORDABLE THANKS COMMISSIONER GLEASON THANKS CHAIR. I ACTUALLY HAVE SOME QUESTIONS ABOUT THE NINE MIL CREEK PROJECT SO SEARCHING A LITTLE BIT HERE SO AS RESIDENT THAT USES THIS AREA IT'S INTERESTING TO SEE OBVIOUSLY SOME OF THE AMENITIES THAT YOU'RE LOOKING AT. SO A FEW QUESTIONS ABOUT THE NEW PLAYGROUND AND PARK SHELTER. IS THAT PLANNED TO BE THE MOYER PARK OR YOU LOOKING AT INSTALLING A NEW PLAYGROUND AREA WITHIN THE NINE MILE CREEK PATHWAY? I THINK IT'S LIKELY TO BE IN MOYER PARK SOMEWHERE IN CENTRAL WOULD BE THE AREAS WHERE YOU'D SEE THE THE PLAYGROUND AND PARK SHELTER USES SO WE WOULDN'T BE TRYING TO PLOP SOMETHING DOWN WITHIN THE CORRIDOR ITSELF UTILIZING THE EXISTING PARKS IN THAT AREA GREAT. THAT'S GREAT TO HEAR. ONE OF THE OTHER QUESTIONS I HAD TOO IS YOU TALKED ABOUT 24 12,400 FEET OF NEW TRAILS. IS THAT REALLY LOOKING AT THE UPPER LOOP THAT CURRENTLY EXISTS OR ON CREATING NEW TRAILS? YOU MENTIONED IT WITHIN THE MOYER PARK AREA SO YOU ELABORATE A LITTLE BIT WITH THAT LOOKS LIKE WHERE THE EXACT NEW TRAILS ARE GOING TO BE. I CAN'T ELABORATE ON THAT. I HAVEN'T I HAVEN'T MEMORIZED THE DETAILS OF OUR PARK SYSTEM PLAN THERE BUT IT IS IT'S NOT JUST EXISTIN TRAILS IT IS ADDING TRAILS. YEAH IT WOULD BE DIRT OR YOU'RE LOOKING AT PAVED TRAILS I THINK IT'S GOING TO BE A COMBINATION. OBVIOUSLY THE ACCESSIBILITY IS GOING TO REALL IMPORTANT AND IOULD LOOK ATT AS A COMPARISON THE THE PAVED TRAIL DOWN THE RIVER VALLEY WAS RELATIVELY ESPECIALLY BY THE MOUNTAIN BIKING COMMUNITY OR THE ENTITY THERE. BUT ON THE OTHER SIDE OF IT ADVOCATES FOR ACCESSIBILITY WERE STRONGLY SUPPORTIVE OF PUTTING A PAPER TRAIL DOWN THERE ULTIMATELY THE PAVED TRAIL EXISTS ALONG WITH NATURAL TRAIL AND SO THE BIKERS STILL HAVE LOCATIONS AND IT HAS OPENED UP THAT WHOLE AREA AND MADE IT MUCH MORE ACCESSIBLE FOR PEOPLE TO EXPERIENCE AND. THAT'S WHAT WE'LL BE TRYING TO DO IN THIS AREA AS WELL. GREAT. THANK YOU. AND ANY ADDITIONAL DISCUSSION COMMISSIONER COOKTOWN THANK YOU. CHAIR MR. BRUGUIERE SWITCHING TO THE BLOOMINGTON ICE GARDEN ,DOES THAT FACILITY GENERATE PROFIT OR DO WE SUBSIDIZE IT? MR. CHAIR COOKSON IF YOU TAKE THE DEBT SERVICE OF THE BUILDING THEN IT IS FLOWING ON AN OPERATIONS BASIS AND THAT'S NOT UNUSUAL FOR OPERATIONS WITHIN THE LOCAL GOVERNMENT IS OFTEN DAY TO DAY OPERATIONS WILL BE IN THE BLACK WHEN PUT CAPITAL COSTS ON TOP OF IT. THAT'S THE DECISION LOCAL GOVERNMENTS HAVE TO MAKE IS THE EXTENT TO WHICH THEY'RE GOING TO SUPPORT IMPROVEMENTS IN THOSE FACILITIES. DID WE LOOK REPLACING THAT FACILITY? WE HAVE NOT LOOKED AT A DIFFERENT SITE FOR BLOOMINGTON ICE GARDEN. NO IS THE ANSWER. WHAT ABOUT A REPLACE IN PLACE A COMPLETE TEARDOWN? YEP. YEAH WE HAVE NOT LOOKED AT A COMPLETE TEARDOWN EITHER. I THINK THE FEELING WITH THIS FACILITY WAS THAT THE BONES ARE GOOD AND THAT WE CAN SALVAGE WHICH IS NOT THE THE ASSESSMENT WITH A COUPLE OF THE OTHER FACILITIES BUT WE FEEL THAT THE THE FOUNDATIONS FOR THE BUILDING ARE STILL IN GOOD SHAPE. IS THERE ANY STRUCTURAL EXPANSIONS OR ANYTHING OF THAT OR IS IT MORE OF AN INTERIOR? IT WILL BE MOSTLY INTERIOR WITH THE EXCEPTION THAT THE AREA ON THE NORTH SIDE FOR RINK THREE MAY GET BUMPED OUT A LITTLE BIT TO THE NORTH BECAUSE THAT WILL THE AREA FOR THE DEDICATED DRY LAND AND ALSO THE NEWER LOCKER ROOMS. WE WILL PROVIDE LOCKER ROOMS IN THAT AREA IN , DRY LAND TRAINING AREA IN THAT AREA AND WE GAIN SOME SPACE BY SHRINKING UP THE OLYMPIC SIZE TO THE STANDARD SHEET. BUT WE NEED A LITTLE BIT MORE SPACE SO IT DOES GO A LITTLE BIT OUT TO THE NORTH BUT IT SHOULDN'T IMPACT SOME OF THE PARKING AND OTHER ISSUES THAT WE HAVE TO BE COGNIZA OF ANY FURTHER EXPANSION. I KNOW OTHER CITIES HAVE LOOKED AT EXPANDING ON TO THEIR ARENAS BY EITHER DOING ICE SHEET OR SOME PLACES HAVE DONE LIKE AN OUTDOOR COVERED PAVILION TYPE ICE SHEET. WE'VE TALKED ABOUT THOSE THINGS JUST BASED O COMMUNITY INPUT AND JUST STAFF IDEAS AND THE SITE IS LIMITED BECAUSE OF THE YOU KNOW, THE SITE COVERAGE AND THE PARKING THAT WE DON'T HAVE A LOT OF EXPANSION ROOM ON THAT SITE LIMITATION AS WE DON'T HAVE A LOT OF OTHER PLACES IN THE COMMUNITY THAT WOULD AFFORD THAT SAME OPPORTUNITY AS WELL. CAN YOU HELP ME UNDERSTAND THE PROCESS THAT GOES THROUGH WHETHER WE'RE GOING TO RENOVATE OR TEAR DOWN AND REPLACE? YOU KNOW, WE UNDERSTAND THAT PROCESS OF HOW WE MAKE THAT DECISION SURE WE HAVE A FACILITIES CONDITION INDEX RATING FOR ALL OF THE BUILDINGS IN THE CITY OF BLOOMINGTON AND SO THAT IS UPDATED ANNUALLY AND IT TELLS US, YOU KNOW, THERE'S A THERE'S A 0 TO 100 SCORE FOR EACH BUILDING AND THEN WHEN YOU GET INTO CERTAIN AREAS TELLS WHEN YOU SHOULD BE REHABILITATING SOMETHING OR WHEN YOU SHOULD BE REPLACING SOMETHING AND WE HAVE ARCHITECTS AND DESIGN TEAMS THAT COME IN AND TAKE A LOOK AT THESE BUILDINGS AS. WELL, CONTRACTORS AND IT'S THE ASSESSMENT OF FOLKS OVER THE COURSE OF THE 2014, 2016, 2018 PERIOD THAT HAVE LOOKED AT THE BUILDINGS AND SAID THAT IT DOESN'T SENSE TO TERM DOESN'T MAKE SENSE TO RENOVATE THEM BECAUSE THEY SHOULD BE BASED ON THAT JUST THEORETICALLY SAY THAT IS BEING AT THIS FEELING DOES TURN A PROFIT IF A NEW BUILDING WOULD HAVE TURNED A SIGNIFICANTLY HIGHER PROFIT, IS THAT SOMETHING WE WOULD BE ABLE TO DISCOVER IN OUR CURRENT PROCESS? THAT'S A GOOD QUESTION. ON HOW MUCH PROFIT CAN BE GENERATED WE ARE MAXIMIZING TH ISSUES THERE CURRENTLY SO THE ONLY TO REALLY GENERATE MORE PROFIT IS GOING TO BE EITHER ON NON ICE ACTIVITY LIKE CONCESSIONS OR BY INCREASING THE AMOUNT THAT WE CHARGE FOR USE OF THE ICE. WE HAVE TRIED TO POSITION OURSELVES IN THE MARKET SO THAT WE'RE COMPETITIVE. WE'RE ON THE HIGHER END RIGHT NOW OF WHAT WE'RE CHARGING ON AN HOURLY BASIS FOR ICE BUT THERE ISN'T A LOT OF OPPORTUNITY TO DRIVE MORE REVENUE BECAUSE WE'RE MAXIMIZING THE FACILITY ALREADY WITH THE AMOUNT OF TIME THAT'S UTILIZED VERY WELL. THANK YOU. THE OTHER YES. ONE MORE QUESTION, MR. CHAIR. WHY WHY ONE HALF PERCENT IS THAT THE MOST WE CAN CHARGE OR HOW DOES THAT NUMBER GET DEVELOPED? THAT'S A REALLY GOOD QUESTION, MR. CHAIR. COMMISSIONER COOKSON SO THAT HAS BEEN SORT OF THE STANDARD AMOUNT THAT MOST COMMUNITIES IN THE STATE HAVE GONE AND REQUESTED SORT OF A LITTLE A BRIEF HISTORY OF WHEN IT COMES TO LOCAL SALES TAX FOR MANY YEARS IT WAS LARGELY THE PURVIEW OF CORE CITIES. MINNEAPOLIS HAS HAD SOME LOCAL OPTIONS SALES TAX, TAXES SAINT PAUL AND THEN THEY STARTED TO OPEN UP TO MORE REGIONAL CENTERS DULUTH AND SAINT CLOUD BEMIDJI TYPES OF MORE REGIONAL LOCATIONS. BUT IN RECENT YEARS MANY MORE CITIES COUNTIES HAVE STEPPED FORWARD AND OTHER OVER 80 THAT HAVE BEEN THE AUTHORITY AND HAVE A LOCAL SALES TAX IN PLACE. MOST OF THOSE ARE AT A HALF PERCENT TAX BECAUSE THAT TO BE WHERE THE LEGISLATURE WAS COMFORTABLE THIS YEAR THIS PAST YEAR, 2023 WE ACTUALLY SAW SIGNIFICANT SIGNIFICANT WE SAW AT TWO COMMUNITIES GET APPROVED AT HIGHER AMOUNT AND ONE OF THEM I WOULD SAY WAS SIGNIFICANTLY HIGHER I THINK IT WAS ABOUT ONE AND A HALF PERCENT LOCAL OPTION SALES TAX. SO THE THE LEGISLATURE GENERALLY PROVIDES A FAIR AMOUNT OF FEEDBACK ON WHAT THEY THINK IS REASONABLE BECAUSE THE PROCESS MOST PEOPLE DON'T WATCH THE LEGISLATIVE PROCESS EACH OF THESE GETS OFF YOU KNOW THE REQUESTS GET AUTHORED BY A LOCAL REPRESENTATIVE OR SENATOR AND THEN IT'LL GO THROUGH COMMITTEE AND IT'S REALLY AT THE COMMITTEE LEVEL THAT THE LEGISLATORS WILL TAKE A PART TO REQUEST RATE. IS IT REGIONAL NATURE IS THE RIGHT AMOUNT IS IT IS IT REASONABLE FOR THE LOCAL COMMUNITY AND THEN WHEN IT GETS ROLLED U INTO THE LARGE BILL THERE ISN'T MUCH DISCUSSION THE WORK GETS DONE IN COMMITTEE AND SO THAT'S WHERE YOU GET A LOT OF PUSHBACK ON ON THE ACTUAL BILLS AND THERE JUST WASN'T THAT MUCH PUSHBACK ON ON THE AMOUNT THAT WAS BEING REQUESTED NOT JUST BY BLOOMINGTON BUT BY ALL OF THE THERE WERE I THINK OVER 30 THAT WERE APPROVED IN THE 2023 LEGISLATURE. I HAVE ONE MORE, MR. CHAIR. MR. FAROOQI LET'S SAY TEN YEARS FROM NOW WE WANT TO DO ANOTHER PUBLICLY FUNDED PROJECT. WE WHAT WOULD THATROCESS OK LIKE? DO WE HAVE TO GET MORE TELL ME ABOUT THAT. YEAH. MR. MAYOR, COMMISSIONER KIRKLAND, WE WILL HAVE PUBLICLY FUNDED PROJECTS. IT'S JUST WE WON'T BE REQUESTING LOCAL OPTION SALES TAX FOR THOSE UNLESS IT'S A PROJECT THAT WE CAN DEMONSTRATE REGIONAL BENEFIT AND IT'S A PROJECT THAT THE COUNCIL THINKS WE WANT TO FRANKLY EXPEND SOME POLITICAL CAPITAL ON TO GO BACK TO THE LEGISLATURE AND I THINK MORE LIKELY IS THAT WE WOULD WAIT UNTIL THE DEBT WAS SERVICED FOR THESE PROJECTS BEFORE GOING BACK AND MAKING ANOTHER REQUEST BECAUSE THERE'S ALSO JUST A CONSIDERATION OF THE AMOUNT OF SALES RATE AND SO GETTING APPROVED FOR ANOTHER SALES TAX TO DO DIFFERENT PROJECTS I DON'T KNOW THAT OTHER CITIES HAVE DONE THAT TOO LIKE LAYER THEM AND I'M NOT SURE HOW THE LEGISLATURE WOULD REACT TO THEM. SO WHAT WE'VE TRIED TO DO IS IDENTIFY THE PROJECTS WE COULD DEMONSTRATE THE GREATEST REGIONAL BENEFIT ON AND WE'RE EXPENSES THAT WE WANTED TO DIFFUSE THE BURDEN ON THE LOCALOMMUNITY AS MH AS POSSIBLE AND THINK ABOUT THE TIME FRAME 20 YEARS IS KIND OF A LONG TIME AND IT MIGHT BE 15 YEARS FROM NOW WE WANT TO DO SOMETHING ELSE. I'M HOPING WE'RE NOT LOCKED INTO AN AGREEMENT WE'RE MAKING NOW THAT WOULD PRECLUDE US FROM FUTURE OPTIONS . SO RELATED TO THAT AGAIN RECOGNIZING THAT THE ECONOMIC ACTIVITY TAXABLE ECONOMIC ACTIVITY CHANGES AS WE LEARNED THREE YEARS AGO THE BACK OF THE ENVELOPE DURATION OF THIS SALES TAX OPTION WE THINK MIGHT BE IF IF AGAIN OUR PROJECTIONS ARE 20 YEARS, 25 YEARS I KNOW WE PROBABLY ISSUE DEBT FOR 25. WE'RE YEAH WE'VE DONE OUR MR. CHAIR WE'VE DONE OUR PROJECTIONS BASED ON THE MORE REVENUE SPLIT RIGHT. SO COMING IN IN THE SIXTIES AND WELL NOT THE SIXTH NOT THE SPLIT SO MUCH AS WHAT WE'VE SEEN ON AN ANNUAL BASIS OF REVENUE. RIGHT. AND SO THAT LOWEST YEAR OF 2020 AND 2021 WOULD STILL GENERATE ENOUGH TO DO THESE OVER 20 YEARS. SO THE LIKELIHOODS THAT REVENUES WILL CONTINUE TO GROW AT SOME AMOUNT. I MEAN I HOPE WE DON'T HAVE ANOTHER BLACK EVENT BUT EVEN IN YOU KNOW WHAT IS A PRETTY SIGNIFICANT IMPACT TO OUR LOCAL ECONOMY, THERE STILL IS A FAIR AMOUNT OF ACTIVITY BEING GENERATED EVEN IF THE HOSPITALITY WASN'T INCLUDED. SO YOU KNOW, BLOOMINGTON IS REALLY FORTUNATE TO HAVE A STRONG COMMERCIAL BASE AND SO THERE'S ALWAYS GOING TO BE A STRONG BASE OF REVENUE THAT'S BEING GENERATED AGAIN I THINK TO YOUR POINT, COMMISSIONER COOK AND I THINK THAT' A LITTLE BIT OF A YOU KNOW, GLAD THAT WE'RE CONSERVATIVE ABOUT THAT THAT'S ONE OF THE THINGS THE CITY HAS ALWAYS BEEN GOOD AT IS BEING FISCALLY SOUND AND STABLE. AND SO YOU KNOW, IF THE ECONOMIC ACTIVITY RETIRES THAT IN 12 YEARS OR 15 YEARS I MEAN WE SAW THAT WITH THE KIND OF THING COUNTING RETIRED THE TWIN STADIUM EARLY AND ALWAYS JUST SO THE VIKINGS STADIUM IS A DIFFERENT TYPE OF ECONOMIC ACTIVITY THAT THAT MONEY COMES FROM BUT YOU KNOW, POTENTIALLY OR YOU KNOW WHETHER THEY GO BACK AND ASK MORE OR WHATEVER THAT IS IN THE FUTURE. SO I DON'T THINK WE'RE LOCKED IN BUT THINK IT W TONOW THAT ON THE CONSERVATIVE SIDE WE'RE TALKING ABOUT 20 YEARS. COMMISSIONER CARY SO JUST TO UNDERSTAND SO THE BONDING OBVIOUSLY THE BONDING HAS A CONSISTENT ANNUAL OR CONSISTENT PAYMENT OVER TIME. YES CORRECT. SO IF SALES TAXES GO DOWN IN A YEAR. THE CITY PRESUMABLY THAT UP THERE IS EXPOSURE TO THE LOCAL COMMUNITY THAT IF THE SALES TAX REVENUE GENERATED IS NOT SUFFICIENT TO SERVICE THE DEBT THAT WE WOULD HAVE TO FIND ADDITIAL REVENUE TO SERVICE THE DEBT ON AN ANNUAL BASIS. THE WAY THAT WE DO OUR DEBT ISSUANCE IS THERE THERE'S A CUSHION THAT'S BUILT IN THERE THAT ACCOUNTS FOR SOME OF THAT VARIABILITY RIGHT? SO WE USUALLY HAVE SOME SORT OF A RESERVE THAT TENDS TO BUILD UP OVER SUBSEQUENT YEARS AS YOU'RE SERVICING THE DEBT. THE OTHER THING THAT THAT'S A GOOD COMMISSIONER CURRIE IS THAT IT HELPS ME TO CLARIFY TOO THAT WE WOULDN'T ISSUE JUST ONE BOND SALE FOR $155 MILLION WE WOULD LIKELY ISSUE THREE FOR ONE FOR EACH OF THE PROJECTS AND I THINK YOU KNOW THE BIGGEST THING GETTING BACK TO THE CHAIR'S QUESTION ABOUT THE LENGTH OF TIME THAT'LL BE NECESSARY TO SERVICE THESE YOU KNOW WE'VE DONE THEM WE'VE DONE THE ANALYSIS MAKE SURE THAT IT CAN BE DONE WITHIN 20 YEARS AND I EXPECT THAT THE LEVEL OF REVENUE WILL CONTINUE TO GROW YEAR TO YEAR OVER THOSE 20 YEARS. SO EARLIER RETIREMENT IS GOING TO BE POSSIBLE. I THINK ONE OF THE BIGGEST VARIABILITIES FOR US FRANKLY IS GOING TO BE INTEREST RATES AND WHERE THE INTEREST RATES ARE WHEN WE'RE ISSUING THE DEBT ON THESE PROJECTS BECAUSE THATHAT'S A PRETTY SIGNIFICANT DRIVER IN YOUR ANNUAL DEBT SERVICE AND IF WE CAN BRING THAT NUMBER DOWN THAT'S ALMOST CERTAIN TO GUARANTEE EARLY RETIREMENT BASED ON THE FORECAST THAT WE'VE MADE. SO WHERE WE'RE AT TODAY, YOU KNOW, ONE OF THE THINGS WE'LL BE WATCHING REALLY CLOSELY IS WHAT THE INTEREST RATES ARE DOING OVER THE COURSE OF THE NEXT YEAR OR TWO. SO THEN ON THE FLIP, IF THERE'S ADDITIONAL SALES TAX REVENUE THAT COMES IN ABOVE, YOU KNOW THE MINIMUM BOND PAYMENTS DOES THE BOND ALLOW FOR JUST EARLY PAYMENT JUST PAY WHATEVER YOU GET WHATEVER ACCESS INCOME YOU HAVE FROM THAT TO THE BOND OR DO YOU HAVE TO BASICALLY COLLECT THAT AND HOLD ON TO THAT UNTIL THE END AND ESSENTIALLY PAY OFF THE WHOLE BOND? RIGHT. SO TYPICALLY WHAT WE WOULD DO IS IF WE HAVE REVENUE ABOVE WE WOULD WE WOULD PUT IT IN THE RESERVE AND THEN SOMETIMES DEPENDING ON WHAT KIND OF A PROJECT WE HAVE HERE IF IT'S JUST GENERAL CITY PROPERTY TAXES WE WOULD GO OUT AND DO A REFINANCING MAYBE BUT IN A CASE THIS WE WOULD PROBABLY LET THE RESERVE GROW ENOUGH TO THE POINT THAT COULD SERVICE THE REMAINING PRINCIPAL IN ONE LUMP SUM AND SO THAT'S THE THAT'S THE BENEFIT OF HAVING THAT RESERVE FUND GROW FROM YEAR TO YEAR IT ANYTHING MORE ON THIS SO I'M ADAPTIVE YOU'VE GOTTEN WHAT YOU NEEDED FROM US. YEAH MOST IMPORTANTLY WE WANT TO MAKE SURE THAT YOU'RE AWARE OF THE PLAN MOVING FORWARD. SECONDLY, MAKE SURE YOU UNDERSTAND THE AND DON'TS AS A COMMISSIONER BUT TO PROVIDE THIS OPPORTUNITY FOR PEOPLE TO HEAR THIS PRESENTATION AS WELL. WE LIKE SAID ON THE WEBSITE WE HAVE VIDEOS THAT SHOW EACH OF FACILITIES AND THEN ONE THAT'S JUST MORE COMPREHEND SO THE NATURE. BUT THEN HAVING THESE KIND OF CONVERSATIONS AVAILABLE ON THE CITS WEBSITE THAT PEOPLE CAN GO BACK AND LISTEN TO MORE OF THE DETAIL IS REALLY AND TO THE EXTENT THAT YOU WANT TO BE INVOLVED OR ENGAGED IN ADVOCATING OUTSIDE OF YOUR ROLE AS A PLANNING COMMISSIONER WHATEVER SIDE OF THE QUESTION THAT'S ON WE'RE MORE THAN WILLING TO PROVIDE INFORMATION THAT YOU NEED TO HELP YOU IN WHATEVER ROLE YOU'RE GOING DO MOVING FORWARD. THANK YOU. APPRECIATE IT. APPRECIATE THE TIME RIGHT. OUR THIRD ITEM IS PUBLIC HEARING ON THE CITY'S PROPOSED MURAL POLICY AND WE HAVE SENIOR PLANNER JOHNSON WITH THIS EVENING CHAIR MEMBERS OF THE COMMISSION I ALSO ECHO CONGRATULATIONS TO THE NEW MEMBERS ON THE BOARD AND THE RE-APPOINTED MEMBERS ON THE BOARD SO IT'S NICE YOU FOLLOW THE CITY MANAGER BUT HE'S AN ELOQUENT SPEAKER SO HERE I'LL SHARE MY SCREEN AND MY SLIDES . HERE WE GO YOU'LL SEE THAT COME THROUGH. OKAY GOOD. UH, SO MEMBERS OF THE BOARD WHO ARE LONGER TENURED KIND OF HAD A SIMILAR PRESENTATION A SHORT WHILE AGO SO NOT MY INTENT TO BE TOO REDUNDANT WITH THE CONTENT BUT IN THE BENEFIT OF THE NEWER MEMBERS AS WELL AS FOR THE PUBLIC BASE TO THE HEARING AND THE PUBLIC RECORD WE WILL BE GOING OVER SOME OF THE SIMILAR MATERIAL ONE MOR TIME SO LET'S GET STARTED. SO IN TERMS OF THE PROCESS THAT WE'RE GOING THROUGH HERE SO BASICALLY WHAT WE'RE DOING PROPOSING AN ORDINANCE AS WELL AS A SUPPORTING POLICY TO FURTHER EXPAND THE OPPORTUNITY FOR THE INSTALLATION OF MURALS IN . BLOOMINGTON IN TERMS OF WHERE THIS PROJECT CAME FROM, WE'VE BEEN AN ONGOING BASIS, BEEN WORKING ON UPDATING AND STUDYING THE CITY SIGN ORDINANCE AND WHEN WE ORIGINALLY CAME THE PLANNING COMMISSI AND CITY COUNCIL BACK IN JANUARY OF THIS YEAR MURALS AS IT'S CURRENTLY STRUCTURED IN CITY IS HIGHLY WOVEN THROUGH THE SIGN ORDINANCE SECTION. SO THAT'S WHY WAS BROUGHT FORWARD AS PART OF THAT BROADER PROJECT IN TERMS OF WHEN WE PREVIOUSLY PRESENTED THAT AND SO PART OF THOSE PREVIOUS STUDY SESSIONS THERE WAS UNANIMOUS SUPPORT FROM BOTH BODIES TO MOVE IN A POLICY DIRECTION TO MAKE THE OPPORTUNITY FOR MURALS MORE EXPANSIVE AND SO FROM THAT POINT FORWARD OUR ORIGINAL PLAN WAS TO INCORPORATE ALL OF THOSE IN THE BROADER SIGN ORDINANCE UPDATE BUT THE MORE WE DUG INTO IT AND THE MORE WE ACTUALLY REALIZED THAT THE BEST POLICY APPROACH AS RECOMMENDED BY STAFF WAS TO ACTUALLY DECOUPLE AND SEPARATE THESE TWO THINGS. THEY ARE BOTH FORMS OF EXPRESSION SO THEY DO HAVE SIMILARITIES IN TERMS OF THE REGULATORY APPROACH OR KIND OF SOME OF THE POLICY DECISIONS THAT YOU HAVE TO MAKE WITH BOTH OF THOSE THINGS. BUT ULTIMATELY WHAT WE DECIDED IS THAT THEY ARE TWO DISTINCT THINGS AND DO REQUIRE SEPARATE CONSIDERATIONS. SO MOVING FROM THAT POINT FORWARD STARTED GOING FORWARD WITH THIS KIND OF SEPARATE TOUR ALONGSIDE MORE MURAL POLICY PATHWAY IN TERMS OF WHERE WE'VE BEEN THUS FAR, THE FIRST BODY THAT WE PRESENTED BEFORE IN TERMS OF OUR GENERAL APPROACH WAS THE CREATIVE PLACEMAKING COMMISSION. I WOULD SAY THAT OUR CRAZE CREATIVE PLACEMAKING STAFF HAS BEEN KIND OF LOCKED ARM IN ARM WITH US THIS PROCESS IN TERMS OF PROVIDING INPUT THERE OBVIOUSLY THE STAFF WERE THE MOST KNOWLEDGEABLE MURALS. THEY'VE THE THEY'VE COMMISSIONED A NUMBER OF MURALS. THEY'VE BEEN HANDS ON INVOLVED IN THE INSTALLATION OF THEM AND SO WE DID GO TO THEM FIRST I SHOULD NOTE TOO KEVIN TASK IS HERE FROM LEGAL TONIGHT AND ALEJANDRO PELINKA WHO IS THE CREATIVE PLACEMAKING DIRECTOR ON LINE I BELIEVE SO IF YOU HAVE QUESTIONS OF A LEGAL NATURE OR OF A NATURE THAT'S MORE ABOUT THE INSTALLATION THAN MAINTENANCE AND THE KIND OF TO DO WITH MURALS ALEJANDRO MIGHT BE THE BEST SOURCE TO ANSWER SOME OF THOSE QUESTIONS . SO GETTING BACK TO OUR TIMELINE HERE, FOLLOWING OUR FIRST REVIEW WITH THE CREATIVE PLACEMAKING COMMISSION WE DID BECOME BEFORE THE PLANNING COMMISSION WITH OUR FIRST DRAFT OF OUR OINANCE AND THANKFULLY, YOU KNOW THE OF THAT CONTENT WAS KIND OF POINTED IN THE RIGHT DIRECTION IN TERMS OF NOT ONLY THE REVIEW OR THE FEEDBACK WE RECEIVED FROM Y'ALL BUT ALSO FROM LEGAL COUNSEL AND OUR LEGAL DEPARTMENT AS WELL AS A FUTURE MEETING WITH THE CREATIVE PLACEMAKING. SO I'LL KIND OF POINT OUT WHAT SOME OF THE DIFFERENCES ARE MODEST DIFFERENCES ARE THAT WE'VE GONE THROUGH IN TERMS OF OUR PROCESS. BUT THAT VERSION THAT WE PRESENTED TO YOU BACK IN JUNE DOES HAVE A OF SIMILARITIES TO AT'S BEFORE Y THIS EVENING. SO WE WENT BACK FOLLOWING THAT STUDY SESSION. WE DID GO BACK TO CREATIVE PLACEMAKING IN ORDER TO GET A FORMAL RECOMMENDATION ON THEIR BEHALF. THEIR RECOMMENDATION LETTER IS IN YOUR AGENDA PACKET. THEY ARE RECOMMENDING APPROVAL OF THIS POLICY AND THEN THAT GETS US OF COURSE TO THIS EVENING. THE ONE THING I WANT TO POINT OUT ABOUT THIS IN BETWEEN THE CREATIVE PLACEMAKING MAKING MEETING AS WELL AS TONIGHT'S PUBLIC HEARING IS THAT THE CITY HAS BEEN WORKING AS PART THE SIGN ORDINANCE PROJECT. WE'VE BEEN WORKING WITH A NATIONALLY RECOGNIZED EXPERT IN LAND USE POLICY AROUND EXPRESSION AND SCIENCE. THIS KIND OF HIS WHEELHOUSE HIS NAME IS JOHN BAKER. HE'S A ATTORNEY WITH GREENSBORO WHICH IS A MINNEAPOLIS ATTORNEY FIRM. SO IN ADDITION TO SUPPLEMENT THE REVIEW THAT WE'RE GETTING FROM OUR OWN IN-HOUSE LEGAL STAFF, WE'VE GONE OUT AND HAD THIS ORDINANCE REVIEWED BY THIS NATIONALLY RECOGNIZED EXPERT IN ORDER TO MAKE SURE THAT OUR POLICY CAN SURVIVE LEGAL CHALLENGE IS KIND OF MEETING ALL OF THE CONSTITUTIONAL COMPONENTS THAT HAVE TO DO WITH MURALS AS WELL AS SCIENCE A. THAT'S ONE OF THE THINGS WE'LL TALK ABOUT IS THAT WITH EXPRESSION THERE IS A LOT OF THERE'S A LOT OF LEGAL THINGS THAT CAN COME INTO PLAY BOTH IN OF YOU KNOW, IN SOME CASES JURISDICTIONS JUST DENYING PEOPLE INSTALLING MURALS BASED FOR CONTENT BASED OR FOR VAGUENESS. SOME OF THE THINGS WE FOUND OUT OR FOR JUST, YOU KNOW, COMMUNITY COMMUNITIES OF NOT BEING IN FAVOR OF MURALS THAT HAVE BEEN INSTALLED AND THEN KIND OF RETROACTIVELY ADAPTING POLICIES TO KIND OF DIMINISH SOME OF THOSE THINGS. SO THERE'S A LOT OF DIFFERENT LEGAL CONSIDERATIONS WHEN IT COMES TO EXPRESSION LET'S KEEP MOVING HERE. I'M HAVING THE SAME PROBLEM AS HERE WE GO. OKAY. SO ANOTHER ANOTHER WAY THAT THIS POLICY A LITTLE BIT DIFFERENT THAN MOST OF THE THINGS THAT YOU DEAL WITH IN THE ZONING CODE IS THAT THIS IS ONE OF THE INSTANCES WHERE WE ARE RECOMMENDING KIND OF A MULTI-PRONGED APPROACH TO DEAL WITH THE ADMINISTRATION OF THIS POLICY. AND THE REASON FOR THAT IS YOU KNOW, MOST THINGS YOU DEAL WITH EVERYTHING IS JUST GOING TO BE IN THE CITY CODE . ALL THE PROCEDURES, THE APPLICATION PROCESSES, ALL THE RULES ARE JUST GOING TO BE LAID OUT IN THE CITY CODE THIS MODEL WAS SELECTED BASED OFF THIS THE STAFF SUCCESS RELATED TO THE ADMINISTRATION IMPORTATION OF OUR LANDSCAPING REQUIREMENTS AND THE REASON WHY WE THINK THAT THIS IS A GOOD FIT TO TAKE A SIMILAR APPROACH IS WITH LANDSCAPING. THERE'S A LOT OF COMPONENTS THAT REALLY ARE SOMEWHAT DISCRETIONARY IN NATURE AND REALLY FORM A BEST PRACTICE AS OPPOSED TO A HARD AND FAST RULE. SO THERE'S A LOT OF THINGS WITH MURALS FIT MORE IN THAT CATEGORY OF A BEST PRACTICE VERSUS WHAT A CITY SHOULD ADOPT OR USE GOVERNMENT POWER IN TERMS OF A HARD AND FAST RULE. SO THINK OF LANDSCAPING YOU KNOW SOME MATERIAL IS MORE SALT TOLERANT THAN OTHER MATERIAL AND THEREFORE IT'S BETTER IN PARKING LOTS. WE DON'T ADOPT AS A REQUIREMENT BUT IT IS A BEST PRACTICE IN OUR LANDSCAPING SUPPLEMENTAL. SO WE'RE TALKING ABOUT HERE IS AN APPROACH THAT VERY MUCH FOLLOWS THAT SAME WE'RE GOING TO PUT THE HARD AND FAST RULES IN CITY CODE ALL THE THINGS THAT YOU MUST DO THESE ARE THINGS THAT ARE NON-NEGOTIABLE AN THEN SOME OTH SUCH AS THE APPLICATION PROCEDURES YOU KNOW WHAT ARE SOME BEST PRACTICES THAT WE THINK ARE IMPORTANT TO MAKE YOU KNOW MURALS ENDURING HOW YOU KNOW HOW SHOULD YOU DEAL WITH, YOU KNOW, ARTISTS AND COPYRIGHT AND THINGS LIKE THAT. THOSE ARE ALL BEST PRACTICES AND SO THAT'S WHY WE'VE PUT FORTH THIS MURALS POLICIES AND MANUAL WHICH WE WOULD PROPOSE BE ADMINISTERED BY THE PLANNING MANAGER AND CREATIVE PLACEMAKING DIRECTOR. SO THAT'S JUST TO EXPLAIN LITTLE BIT ABOUT THAT APPROACH ONE MORE TIME. SO I'M GOING TO WALK THROUGH THE COMPONENTS OF THEHE CITY CODE , THE CONTENT THAT WILL ACTUALLY GO IN THE CITY CODE THE ORDINANCE ITSELF I'M JUST GOING TO TOUCH THE ITEMS THAT ARE IN BOLD AND I WILL NOTE THAT WHAT I TRIED TO DO ON THESE SLIDES IS IF IF IT WAS REVISED FROM YOUR PREVIOUS MEETING I TRIED TO NOTE THAT WITHIN THE CONTENTS OF THE SLIDES SO WE'LL GO THROUGH THIS HERE STEP BY STEP ONCE AGAIN HERE SO I'M NOT GOING TO READ THE DEFINITION BUT ARE PROPOSING TO ESTABLISH A NEW DEFINITION FOR A MURAL ONE OF THE THINGS THAT CHANGED FROM YOUR EARLIER MEETING IS THAT WE PREVIOUSLY HAD A PHRASE IN THERE THAT TALKED ABOUT GENERALLY USE FOR DECORATION OR ARTISTIC EXPRESSION THAT WAS ONE OF THAT'S AN EXAMPLE OF ONE OF THE THINGS THAT WAS FLAGGED BY OUR LEGAL DEPARTMENT, OUR OUTSIDE COUNSEL AS SAYING CITY CAN'T REALLY BE IN THE JUDGMENT OF WHAT IS ARTISTIC EXPRESSION OR SOMETHING THAT FOR DECORATION. SO THAT'S AN EXAMPLE OF SOMETHING WHERE A CITY CAN KIND OF GET INTO WITH THAT CONTENT NEUTRALITY COMPONENT MAKING THOSE KIND OF SUBJECTIVE DECISIONS ABOUT WHAT KIND OF META MURALS TEST D WHAT DOESN'T. SO WE REMOVE THAT LANGUAGE BUT OTHERWISE THIS DEFINITION SHOULD MEET OR MATCH KIND OF WHAT WAS PRESENTED YOU PREVIOUSLY JUST ESPECIALLY FOR OUR NEWER NEWER MEMBERS BUT WE'LL TALK ABOUT THE COATINGS RESTRICTION BUT ELEMENTS OF THE DEFINITION I DO WANT TO POINT OUT IS THAT UNIFORM PAINTING A BUILDING JUST ONE SIMPLE SOLID COLOR IN OUR VIEW DOES NOT CONSTITUTE A MURAL. AND WE ALSO WANTED TO MAKE SURE THAT WE'RE SEPARATING OUT GRAFFITI SPECIFICALLY AS IT'S DEFINED IN CITY CODE FROM MURALS THAT'S NOT GRAFFITI THE ART THAT'S GRAFFITI IS IN THINGS THAT ARE DONE ON BUILDINGS WITHOUT THE PROPERTY CONSENT IF THAT MAKES SENSE AND THAT IS DEFINED IN SO OUR ENVIRONMENTAL HEALTH STAFF WANTED THAT DIFFERENTIATED YES SO MOVING OUT TO THE EXTERIOR MATERIALS AND THE COATINGS RESTRICTION. SO AS MANY OF YOU KNOW AS THE NEWER MEMBERS MIGHT NOT BE AWARE BUT WE CURRENTLY HAVE COATINGS RESTRICTION ON OUR EXTERIOR MATERIALS OF COMMERCIAL AND INDUSTRIAL. SO IF YOU HE A CONCRE BUILDING YOU HAVE ARICK BUILDING, YOU CAN'T JUST GO OUT PAINT IT UNLESS IT WAS PAINTED PRIOR TO THE ADOPTION OF THAT RESTRICTION OR THOSE STANDARDS. AND SO WHEN YOU THINK ABOUT KIND OF WHAT THE PRIMARY BARRIERS TO THE IMPLEMENTATION OF MURALS HAVE BEEN IN BLOOMINGTON, IT'S ALL KIND OF RIGHT HERE IN OUR EXTERIOR MATERIALS STANDARDS YOU CAN'T PAINT PRIMARY EXTERIOR MATERIALS AND IN ADDITION TO THAT THERE IS ACTUALLY SOME PROVISIONS THAT ARE EXISTING IN THE CODE THAT SAY MURALS CANNOT BE APPLIED DIRECTLY TO THE EXTERIOR SURFACE OF A BUILDING. SO THOSE TWO THINGS ALONE THAT EXIST TODAY ARE HIGHLY O BIG OBSTACLE FOR THEEPLOYMENT OF MORE MURALS IN BLOOMINGTON PEOPLE ASK OKAY SO WE DO HAVE SOME MURALS AROUND BLOOMINGTON HOW ARE THOSE DONE? THOSE ARE ACTUALLY CREATED ON A SUBSTRATE AND AFFIXED TO THE BUILDING EITHER IN LIKE A PANELIST STYLE OR THERE'S BEEN SOME MURALS THAT HAVE BEEN CREATED THAT ARE NOT ON BUILDINGS THAT ARE ON SCREEN WALLS OR ON OTHER TYPES STRUCTURES AND OUR EXTERIOR MATERIALS STANDARDS ARE SPECIFICALLY TO BUILDINGS NOT THE SCREEN WALLS SAY AROUND THE POWER SUBSTATION OR OTHER PARTS OF THE COMMUNITY THAT MIGHT HAVE HAVE MURALS. SO WHAT THIS ORDINANCE DO IS IT BASICALLY WOULD ELIMINATE THAT PROHIBITION ON INSTALLING MURAL DIRECTLY ON A BUILDING AS WELL AS CREATE AN EXCEPTION TO OUR COATINGS PROHIBITION FOR APPROVED MURALS THE PROHIBITION WOULD REMAIN IN PLACE ITS LONGSTANDING BLOOMINGTON POLICY HAVING TO DO WITH BUILDING MAINTENANCE DURABILITY CONSIDERATIONS BUT WHAT WOULD DO IS BASICALLY CREATE A RELIEF VALVE TO THA ONLY FOR THAT GO THROUGH AN APPROVED MURAL PERMIT PROCESS SO HOPEFULLY THAT'S PRETTY STRAIGHTFORWARD GET INTO THE MURAL PERMIT PROCESS. SO IF YOU'RE GOING TO CREATE SOME STANDARDS YOU HAVE TO ACTUALLY CREATE A WAY FOR TO SUBMIT THEIR PROPOSED MURAL FOR REVIEW, HAVE STAFF REVIEW IT AND ENSURE THAT IT'S MEETING ALL THOSE STANDARDS. SO THIS ORDINANCE WOULD CREATE A MURAL PERMIT PROCESS WOULD BE VERY SIMILAR TO ASSIGNED PERMIT WE WOULD TAKE IT IN AS STAFF, WE WOULD REVIEW IT WITH CREATIVE PLACEMAKING STAFF AND WE WOULD REVIEW IT MAKING SURE THAT IT'S MEETING ALL THE STANDARDS AND THE ORDINANCE BEFORE YOU IF IF IT MEETS IT WE WOULD APPROVE IT THEY WOULD INSTALL THE MURAL STAFF WOULD PERFORM AINAL INSPECTION TO SURET WAS INSTALLED ACCORDING TO THE APPROVED PLAN AND WE'D KIND OF MOVE ON OUR MERRY WAY THE SPECIFIC COMPONENTS OF A MURAL PERMIT PROCESS WOULD BE ESTABLISHED A FEE OF COURSE I DID NOTE THAT THAT WAS REVISED FROM YOUR PREVIOUS VERSION. IT WOULD CREATE THE ESTABLISH THE REVIEW AND APPROVAL PROCESS. IT DOES ESTABLISH THAT AN APPEAL IS POSSIBLE SAY STAFF DENIES THE PERMIT FOR WHATEVER REASON THE APPLICANT WOULD HAVE THE ABILITY TO APPEAL THAT DECISION UP TO THE CITY COUNCIL AS PROPOSED I DO WANT TO NOTE THAT BUT A GOOD QUESTION CAME UP AT OUR LAST DISCUSSION IS WOULD A GENERAL MEMBER OF THE PUBLIC HAVE THE ABILITY TO APPEAL A DECISION AND UNDER THE THIS CURRENT ORDINANCE THAT'S NOT THE CASE THE APPLICANT COULD DO THAT AND THERE'S A VERY SPECIFIC REASON FOR THAT AND. IT HAS TO DO WITH AGAIN THAT NTENT NEUTRALIT AND EXESSION ON THE LEGAL SIDE OF THINGS WE WILL REVIEW IT TO MAKE SURE THAT IT'S NOT ONE OF THE PROHIBITED MURAL CLASSES OR THAT IT'S OTHERWISE MEETING OUR OTHER STANDARDS TERMS OF DIMENSIONS AND PROJECTION AND KIND OF ALL THESE OTHER THINGS BUT WE DON'T WANT TO BE IN THE BUSINESS AND I WOULD URGE YOU AND CITY COUNCIL IS THAT WE'RE NOT GOING TO EXCEPT FOR THOSE AND WE'LL TALK ABOUT THE PROHIBITED MURAL CLASSES BUT WE DON'T WE CAN'T BE IN THE BUSINESS OF SAYING WE LIKE THIS ONE WE DON'T LIKE THAT ONE JUST BECAUSE OF THE MESSAGE IT'S CONVEYING IT MEETS CERTAIN CRITERIA. SO I JUST WANT TO BE CLEAR THATOU'RE OPENI THE DOOR TOHIS. IT'S DONE SO WITH AN ACKNOWLEDGMENT OR UNDERSTANDING THAT IF YOU'RE PRO EXPRESSION THERE MIGHT BE SOME EXPRESSION THAT HAPPENS THAT YOU DON'T FIND PARTICULARLY PLEASING OR TASTEFUL OR WHATEVER THE CASE MAY BE. YOU AS AN INDIVIDUAL LET ME JUST PUT IT THAT WAY SO THAT THAT'S KIND OF WHAT'S INFORMING THE LACK OF A PUBLIC APPEAL FROM THE PUBLIC COMPONENT OF IT. THERE'S SOME ELEMENTS HERE WITH EXPIRATION AND COMPLETION. THOSE WERE PREVIOUSLY IN THE MURAL STANDARDS. WE ACTUALLY FELT THAT CONTACT WAS MORE APPROPRIATE IN THE PERMIT SECTION SO THAT'S CONTENT THAT I BELIEVE YOU'VE SEEN BEFORE BUT WE JUST MOVED IT TO A DIFFERENT LOCATION. SO GETTING TO THOSE PROHIBITED TYPES SO AND AGAIN IF THERE'S SPECIFIC QUESTIONS ABOUT THIS I MIGHT CALL ON KEVIN TO ASK YOU FOR LEGAL TO SPEAK TO IT BUT BASICALLY THE FIRST AMENDMENT OF THE CONSTITUTION IS VERY PROTECTIVE OF A WIDE RANGE OF SPEECH AND SO THE WAYS THAT THE CITY REGULATE CONTENT IS VERY LIMITED TO WAYS THAT HAVE APPROVED OR STOOD CHALLENGE ACCORDING TO THE SUPREME COURT OF THE UNITED STATES. SO THERE'SIVE THINGS TT WE'R PROPOSING AND A FIVE OF THESE THINGS WE'RE CONFIDENT AND FROM REVIEW OF THE OUTSIDE COUNSEL THAT WE CAN STOP A MURAL FROM GOING FORWARD BASED ON THESE FIVE THINGS. SO THE FIRST THING IS KIND OF A PUBLIC SAFETY ISSUE IMITATING TRAFFIC SIGNALS WHERE CARS ARE DRIVING OR, IMITATING A SIDEWALK OR YOU KNOW, ON AN EXTREME VERSION MAYBE YOU PUT THE ROAD LIKE IN THE OLD CARTOON THE ROAD DRIVES INTO THE SIDE OF THE BUILDING. I KIND OF THINK THAT'S PROBABLY JUST GETTING OUT OF MY HEAD BUT YEAH BASICALLY THAT'S A DRAFT THAT'S A SAFETY ZARD AND SO WE CAN IT'S IMPORTANT TO THE CITY'S TRAFFIC ENGINEER THAT PEOPLE AREN'T PAINTING A TRAFFIC SIGNAL LIGHTS RIGHT NEXT TO AN INTERSECTION RIGHT. DOES THAT MAKE SENSE OBSCURING OR CONCEALING LIFE SAFETY EQUIPMENT. SO THIS HAS TO DO WITH FIRE PREVENTION EQUIPMENT, SPRINKLER SYSTEMS, FIRE DEPARTMENT CONNECTIONS WHERE THEY PUMP WATER AND OTHER THINGS ON A BUILDING THAT ARE THERE FOR LIFE SETY. AND SO A MURAL CAN'T OBSCURE THOSE THINGS SO THAT A RESPONDING PUBLIC SAFETY TYPE PERSON CAN'T SEE THEM BECAUSE IT'S JUST BLENDING INTO THE MURAL IF THAT MAKES SENSE SO THESE ARE THE THREE THINGS THAT ARE PROBABLY MOS RELEVANT BUT INCITING OR PRODUCING IMMINENT LAWLESS ACTION CONVEYING THREATS OF VIOLENCE AT PERSONS OR GROUPS AND THEN SEXUAL CONTENT IN A PATENTLY OFFENSIVE WAY. I DON'T HAVE THE FULL TEXT OF THOSE THINGS ON THE SLIDE. I CAN CERTAINLY PULL THEM UP IF NEED BE BUT THESE ARE THE THREE THINGS THAT HAVE BEEN THE SUBJECT OF CASE LAW REVIEW AND THOSE ARE THE THINGS THAT THE CITY CAN PROTECT AGAINST JUST BASED ON PUBLIC SAFETY. SO YEAH, I'LL KEEP MOVING HERE GENERAL STANDARDS THE ONE I WANT TO EMPHASIZE OR FOCUS ON MOST IS MAYBE A MAXIMUM AREA. THERE WAS SOME DISCUSSION A PLANNING COMMISSION LAST TIME POTENTIALLY WHAT WE WOULD WANT TO DO WITH THAT RIGHT NOW STAFF IS PROPOSING A 50% MAXIMUM ALLOWANCE TO INSTALL WITHIN A BUILDING. THIS ONE IS DEFINITELY A POLICY CALL ON THE PART OF THE CITY IN TERMS OF WHAT YOUR PREFERENCES ARE. WHAT I WOULD SAY FROM THE STAFF LEVEL IS THAT IF THE MORE YOU INCREASE THAT ALLOWANCE IT MAKES IT MORE TENUOUS TO CONTINUE TO MAINTAIN THE COATINGS PROHIBITN IF YOU'RE DOI SO R BUILDING MAINTENANCE PROVISIONS. THE OTHER THING I WOULD SAY IS THAT THE MORE ALLOWANCES FOR MURALS IT DOES INCREASE THE RESPONSE OF THOSE BUILDING OWNERS TO MAINTAIN THOSE MURALS AS WELL AS STAFF IN THE CITY IN ORDER TO ENSURE THAT THOSE MURALS ARE CONTINUING TO BE MAINTAINED IN A PROPER WAY. AND THEN THE THIRD THING AND MAYBE THIS IS THE MOST IMPORTANT THING BUT STAFF IS FAIRLY CONFIDENT THAT 90 PLUS PERCENT OF MIRO DESIRED MURALS ARE GOING TO BE ABLE TO BE WITH ACCOMMODATED WITHIN A 50% ALLOWANCE. MURALS ACTUALLY QUITE EXPENSIVE TO INSTALL AND WE ARE NOT ANTICIPATING THAT FULL BUILDINGS WOULD COME FORWARD AS PART OF THIS. MAYBE THE FOURTH THING I'D SAY TOO IS THAT THIS IS A NEW POLICY AND I THINK AS THE CHAIR MIGHT HAVE MENTIONED WHICH I AGREED WITH THAT POINT OR THOUGHT IT WAS A COGENT POINT IS THAT YOU KNOW, CERTAINLY IF THERE'S A NEED TO REEVALUATE THAT LATER AS THESE PRODUCTS AND MATERIALS GET BETTER, WE CERTAINLY COULD DO THAT LATER ON DOWN THE ROAD. BUT THIS IS WHERE STAFF CURRENTLY COMFORTABLE GIVEN THE COATINGS RESTRICTION THAT WE DO HAVE AS WELL AS SOME OF THE MAINTENANCE CONSIDERATIONS AND THINKING THAT IT DOES ALLOW A FAIRLY LARGE CANVAS IN MANY CASES EVEN WITH A 50% OR SO HEIGHT I'LL GO THROUGH THESE OTHER ONES RELATIVELY QUICKLY. WE WOULD SUGGEST THAT MURALS NOT BECAUSE SOME OF THEM ARE PANELS AND CAN EXTEND ABOVE THE ROOFLINE DEPENDING ON HOW YOU INSTALL THEM. WE WOULD SUGGEST THAT IT NOT EXTEND ABOVE THE ROOFLINE WHICH IS SIMILAR OUR SIGN CODE RESTRICTIONS PROJECTION SOME MURALS DO INCORPORATE THREE DIMENSIONAL COMPONENTS SO THEY ACTUALLY MOUNT OBJECTS OR ELEMENTS ONHE WALL AND IT'SXTENDING OUT FROM THE WALL WE WOULD SUGGEST A MAXIMUM OF TWO FEET AND THAT'S FOR STRUCTURAL REASONS, SAFETY REASONS. BUT ALSO SOME BUILDINGS ARE RIGHT UP ALONG THE PUBLIC RIGHT AWAY OR CLOSE TO SIDEWALKS. SO KIND OF LIMITING THAT TO A DEGREE SIGNS YOU CAN RIGHT NOW IN THE SIGN CODE YOU CAN HAVE MORE SIGNAGE CAN BE INCORPORATED INTO MURALS ONLY AT CAR DEALERSHIPS AND THE REASON WHY IS THAT THAT HAPPENED THROUGH A PRIVATELY INITIATED CITY CODE AMENDMENT AND STAFF DOESN'T THINK IT'S EITHER KIND GO IN ONE DIRECTION OR THE OTHER DIRECTION. IT SHOULDN'T BE FOR A SPECIAL SUBSET CLASS OF USERS. WE WOULD SUGGEST THAT STILL THAT THERE'S A LIMITATION ON IT OF 10% OF THE MURAL AREA AND ANY SIGN THAT IS PROPOSED AS PART OF A MURAL AND THAT'S REALLY WE'RE MORE FOCUSED ON THE COMMERCIAL THAN WE ARE NON COMMERCIAL BUT YOU STILL HAVE TO THE REQUIREMENTS OF THE SIGN ORDINANCE. IN OTHER WORDS A MURAL ISN'T A WAY TO ARTIFICIALLY BUMP UP YOUR SIGNAGE ALLOWANCE BEYOND WHAT ANY PARTICULAR BUILDING A FACADE WOULD GET. IT'S LIGHTING WE HAVE ARCHITECTURALIGHTING STANDARDS THE CODE THEY MUST BE FOLLOWED, THEY CAN BE INCORPORATED BUT IT REALLY LIMITS BRIGHTNESS AND THEN MOTION AND FLASHING WE WOULD SUGGEST BEING NOT ALLOWED INCORPORATED INTO THE MURAL AND AGAIN THAT'S JUST TRYING TO MAINTAIN CONSISTENCY WITH OUR SIGN ORDINANCE STANDARDS. SO THERE WAS SOME DISCUSSION I KNOW THERE'S A REQUEST ON THE PART OF THE CHAIR TO LOOK AT KIND OF EXAMPLES MAINTENANCE WHAT DOES THAT MEAN? SO JUST THE GENERAL PROVISIONS THE CODE WOULD ESTABLISH THAT EVERY APPLICATION INCLUDE A MAINTENANCE PLAN SPECIFYING WHAT THEY'RE GOING TO DO TO KEEP IT UP, WHAT THEY'RE ANTICIPATED LIFE IN LIFE OF IT IS AND HOW ARE THEY GOING TO ACCOMPLISH THAT? IT DOES ESTABLISH A MINIMUM MAINTENANCE REQUIREMENT IF A MURAL IS NOT BEING MAINTAINED ACCORDING TO THE MAINTENANCE PLAN OR IF IT'S CLEARLY IN A STATE OF DISREPAIR THEN THAT'S NOT ALLOWED BY THE ORDINANCE. AND THEN THAT GETS TO THE THIRD THING IS THAT STAFF CAN ORDER A A MURAL BE REPAIRED OR REMOVED WITHIN A CERTAIN PERIOD OF TIME TYPICALLY 60 DAYS UNLESS THERE IS A YOU KNOW, A TANGIBLE REASON WHY IT CAN'T BE RECTIFIED WITHIN 60 DAYS IN MINNESOTA THAT'S NTER SOMETIMES SOMETIMES THAT CAN BE AN ISSUE BUT YEAH SO I THINK WHAT SHERMAN WAS ASKING FOR LAST TIME WAS EXAMPLES OF LIKE OKAY WHAT DOES THAT MEAN? AND WITH RESPECT, YOU KNOW IF THE CREATIVE PLACEMAKING DIRECTOR WANTS TO SPEAK TO THIS TO THAT WOULD BE GOOD. BUT BASICALLY THERE'S A RANGE OF OPTIONS AND ALL OF THESE OPTIONS HAVE DIFFERENT FINANCIAL COST TO THEM AND ALL OF THESE OPTIONS INVOLVE I WOULD SAY A STAFF PREFERENCE LEVEL IS LIKE THIS IS WHAT WA YOU TO DO AND THIS IS A THE ON THE BOTTOM SIDE OF THE SCALE THIS IS WHAT WE PREFER YOU NOT DO. AND SO ON THE LIGHT SIDE OF THE INTERVENTIONS KNOW SPOT CORRECTIONS SO OBVIOUSLY CERTAIN POINTS OF THE MURAL THERE'S GOING TO BE PARTS THAT JUST DEGRADE OVER OR MIGHT BE SUBJECT TO GRAFFITI OR MIGHT WHO KNOWS WHAT I'M JUST CREATED IS CORRECTING THOSE BASIC AREAS. THE SECOND MOST PREFERRED OPTION INTERVENTION WOULD BE JUST REPAINTING REINSTALLING MURAL CORRECTING IT TO ITS APPROVED DESIGN OR REPLACING IT WITH ANOTHER APPROVED DESIGN. THE THIRD THING THE THIRD THING THEY CAN DO IS THEIR THERE'S VARIOUS CHEMICALS THAT CAN BE USED THAT ACTUALLY HELP THE PAINT STRIP THE PAINT AWAY IN A WAY THAT WOULD JUST GET YOU BACK TO YOUR BASIC IN COMBINATION WITH POWER TYPICALLYACK TO YOUR TYPICAL EXTERIOR MATERIAL A MORE INTERVENTION ALONG THOSE LINES TYPICALLY MIGHT INCLUDE SANDBLASTING SO THAT'S LIKE AN EVEN A MORE POWERFUL WAY TO REMOVE THEM AND FOR THE MOST PART WE'RE TALKING ABOUT PAINTED MURALS. THE TWO MORE SUBSTANTIAL THE MOST SUBSTANTIAL INTERVENTION IS ACTUALLY LIKE A REPLACEMENT OF AN EXTERIOR MATERIAL. SO TAKE A STUCCO WALL FOR EXAMPLE YOU MIGHT NEED TO RE COAT A STUCCO WALL AND THEN THE LAST INTERVENTION WHICH WOULD IN MOST CASES NOT BE STAFF'S PREFERRED METHOD WOULD JUST BE PAINTING OVER THE WALL WITH GENERIC PAINT. AGAIN WE HAVE A COATINGS RESTRICTION THAT'S NOT THE DIRECTION STAFF WANTS TO GO BUT THE WAY THAT THE ORDINANCE IS WRITTEN IS THAT IT DOES SOME DISCRETION. EVERY MURAL IS GOING TO BE A LITTLE BIT DIFFERENT. EVERY EXTERIOR IS GOING TO BE A LITTLE BIT DIFFERENT AND WHAT STAFF FROM THE EARLY CONVERSATIONS THAT I'VE HAD IS GOING TO WANT TO PUSH FOR IS JUST CORRECTING ANDHE APPROVED MURAL OR REPLACING IT WITH ANOTHER APPROVED IN CASES . BUT IT'S DEFINITELY SOME YOU KNOW SOME PART OF THE DISCUSSION WITH THE APPLICANT ON THE FRONT END OF OKAY WHAT IS YOUR PLAN YOU KNOW WHEN THIS REACHES LIFE OR WHATEVER THE CASE MAY BE SO THERE'S A RANGE OF OPTIONS THERE AND I HATE TO OR I WOULD HESITATE TO KIND OF FIGURE OUT WHAT EACH OPTION WOULD BE APPROPRIATE IN EVERY CASE. SO DOES GIVE STAFF SOME DISCRETION THERE. SO THE MURAL POLICIES PROCEDURES DOCUMENT I'M NOT GOING TO SPEND A LOT OF TIME ON THI THISS REALLY TSE THINGS THAT ARE MORE DISCRETIONARY IN NATURE. IT'S WE DO HAVE SOME BEST PRACTICES AND THINGS ON THE BACK END OF THE DOCUMENT WHICH AREN'T HARD AND FAST RULES BUT ARE MORE RECOMMENDED ACTIONS. BUT WE OUR COMMUNICATIONS DIVISION HELPED CREATE A MUCH MORE ATTRACTIVE AND APPEALING DOCUMENT. SO THANK YOU TO BUT ALSO THE DEPARTMENT AND THE OUTSIDE COUNSEL HELPED US WITH SOME OF THE CHANGES THAT WERE MADE . WHAT IT REALLY HAD TO DO WAS DIFFERENTIATING CONTENT THAT IS REQUIRED VERSUS BEST PRACTICES SO THE HELPED US PUT A HARDER TO THE THINGS THAT SHOULD REALLY SLIDE UNDER THOSE DIFFERENT BOXES. OKAY YOUR DESIGN STANDARDS THAT'S REQUIRED BUT IF IT'S A BEST PRACTICE WE NEED TO SHIFT THIS CONTENT DOWN OR MAYBE ELIMINATE IT BECAUSE IT VIOLATES CONTENT NEUTRALITY VAGUENESS SOME OF THOSE THINGS UNDER UNDUE DISCRETION KIND OF STUFF. THAT'S THE MAIN FACTOR ABOUT THAT IN TERMS OF WHAT WE'VE DONE FOR ENGAGEMENT OR ENGAGEMENT ALONG THIS PROCESS WE'VE REALLY RELIED HEAVILY UPON OUR VARIOUS LISTSERVS THAT WE HAVE THE CREATIVE PLACEMAKING DIRECTOR HAS BEEN USING HER NETWORKS QUITE A BIT TO TRY AND DISSEMINATE THAT IS WORKING ON THIS PLEASE PROVIDE COMMENT IF YOU WANT. CERTAINLY WE HAVE THE STANDARD METHODS THAT WE USE IN TERMS OF PLANNING COMMISSION DEVELOPMENT AND THE ZONING ORDINANCE LISTSERVS. WE DIDN'T MAKE USE THOSE AND THEN WE HAVE PROVIDED UPDATES ON OUR ONLINE TYPE ELIMINATION PAGE FOR THE SIGNED ORDINANCE AND RURAL POLICY ALONG THE WAY. SO OTHER PARTIES HAVE BEEN FOLLOWING THAT WOULD HAVE ACCESS TO THAT INFORMATION TO DATE WE'VE RECEIVED CORRESPONDENCE ABOUT THIS ORDINAE EXCEPT FOR THE LETTER FROM THE CREATIVE PLACEMAKING COMMISSION AND THAT'S MY LAST SLIDE IS THAT THEY REVIEWED IT, THEY RECOMMEND APPROVAL SO. WITH THAT I WILL STAND FOR QUESTIONS AND WE'RE RECOMMENDING APPROVAL AND THERE'S A MOTION THERE. THANK YOU. VERY GOOD. I DO HAVE ONE QUESTION AND THANK YOU FOR THE FOLLOW UP AND THE ADDITIONAL DETAIL ON MAINTENANCE. I THINK IT'S MY THINGS I WAS CONCERNED ABOUT IS YOU KNOW, SOMETHING GETS LET GO AND IT JUST TURNS INTO A WHITE PAINTED WALL. WHAT IS THE LET'S SAY THAT I HAVE A MURAL PERMIT AND I INSTALL A FANTASTIC MURAL AND THEN COMMISSIONER GOLTZMAN ACQUIRES PROPERTY AND AND LETS THE MURAL FALL INTO DISREPAIR. WHAT IS WHAT IS THE OBLIGATION DOES THAT PERMIT GO WITH THE BUILDING OR HOW DOES HOW WOULD HOW WOULD THAT NEXT OWNER KNOW THAT THEY HAD AN OBLIGATION TO MAINTAIN THAT MURAL YEAH. CHAIR THAT'S A GOOD QUESTION THE RESPONSIBILITY WOULD FALL TO THE PROPERTY OWNER SO IF THE PROPERTY DID CHANGE HANDS JUST LIKE IF A FEN WAS IN DISREPAIR OR YOU KNOW IF YOU PURCHASED A HOME IN BLOOMINGTON THAT HAD PEELING PAINT OR HAD SOME KIND OF OTHER PROPERTY MAINTENANCE ISSUES YOU WOULD ASSUME THAT RESPONSIBILITY. SO IF THAT WERE THE CASE, YOU KNOW, EVEN THOUGH THAT THAT OWNER WAS NOT INVOLVED WITH COMMISSIONING OR THE INSTALLATION OF THAT MURAL, THEY WOULD ABSORB THAT RESPONSIBILITY. THANKS. QUESTIONS YES, COMMISSIONER ALBRECHT THANK YOU, CHAIR. MR. JOHNSON. MY QUESTION IS RELATED BACK TO THE INTERACTION BETWEEN MURALS AND SIGNS. THIS IS A PRETTY SPECIFIC QUESTION BUT I ENVISION A MURAL WHERE THE GREAT YOU KNOW, COMPANY IS OF MINNESOTA ARE PORTRAYED SO THREE M SPAN THINGS LIKE THAT WHEN YOU TALK ABOUT 10% OF THE SIGN NOT BEING BEING 10% OF THE MURAL NOT BEING QUOTE UNQUOTE SIGNAGE, HOW DOES THAT HOW DOES THAT HOW DOES THAT INTERPLAY WITH A MURAL THAT POTENTIALLY WANTS TO HIGHLIGHT BRANDS, COMPANIES OR LOCATIONS IN MINNESOTA WITH LIKE GOLD MEDAL FLOWER FOR EXAMPLE? MM HMM. YEAH. CHAIR COMMISSIONER, THANKS FOR THAT QUEION. TH'S GOOD. I'M REALLY GOING TO RELY ON KIND OF MORE SIGNAGE RELATED PROVISIONS THAN SPECIFICALLY BACK TO MURALS. BUT WE CURRENTLY PROHIBIT OFF PREMISES SIGNAGE IN THE SIGN ORDINANCE SO IF THEY'RE KIND OF REPRESENTING A CLEAR BRAND AND PRODUCT OF SOMETHING THAT'S NOT SOLD AT THAT LOCATION, THEN I WOULD CONSIDER THAT AN OFF PREMISES SIGN SIMILAR A BILLBOARD BASICALLY IF THEY WERE DOING SO LIKE A PRODUCT OR AN OBJECT IN A MORE GENERIC WAY THAT IT'S THAT THAT WOULD NOT TRIGGER THAT COMMERCIAL SIGN CONSIDERATION. BUT I MEAN THERE IS SOME KIND OF DISCRETION ON THAT BACK AND FORTH AS WE'VE GONE THROUGH THIS PROCESS AND I HOPE I'M NOT REPEATING ANECDOTALLY AS BEFORE BUT YOU KNOW IT'S LIKE FLOWERS A MURAL OF FLOWERS, A PARK SCENE AND A FLOWER IN OUR IS THE FLOWERS A SIGN IT IS A PRODUCT THAT THEY SELL TECHNICALLY BUT IF DONE SO IN A GENERIC WAY WE WOULD NOT CONSIDER A STAND A TRADEMARKED PRODUCT IF THAT MAKES SENSE. SO THERE'S DEFINITELY SOME DISCRETION THAT HAS TO BE UTILIZED AS YOU STAFF REVIEWS THESE THINGS AND THAT'S SOMETHING THAT WE'LL KEEP A CLOSEYE ON BUT IN TERMS OF YOU KNOW IF 3 A.M. LET'S WE'RE JUST GOING TO USE THEM AS THE EXAMPLE WANTS TO PUT THEIR LOGO ON THE SIDE OF A BUILDING THAT THEY HAVE NO THAT THEY HAVE NO OCCUPANCY OF THAT WOULD BE AN OFF PREMISES SIGN AND NOT ALLOWED MR. CHAIR MR. JOHNSON IF THE SO WHAT IF IT WAS JUST A LET'S SAY A LOCAL HARDWARE STORE AND IT IS NOTHING TO DO WITH THE LOCAL HARDWARE STORE BUT IT HAS TO DO WITH HIGHLIGHTING BUSINESSES AND IN MINNESOTA WH YOU ARE SAYG ISECAUSE ARE SIGNS THAT ARE TRADEMARKED THEY WOULD BE CONSIDERED THAT WOULD BE CONSIDERED SIGNAGE YEAH. CHAIR COMMISSIONER THAT'S CORRECT AND THEN OFF PREMISES SIGN AT THAT POINT WHICH ARE SIGNED CODE DOES NOT ALLOW NOW AND I DON'T THINK WE HAVE ANY INTENTION TO CHANGE THAT MOVING FORWARD. THANK YOU MR. GILSON. THANKS CHAIR. ONE QUESTION I HAVE AND I APOLOGIZE I WAS NOT AT THE 22ND MEETING DO WE HAVE DEFINITIONS ON TYPES OF PROPERTIES OR EVEN ZONES THESE MURALS ARE LOCATED AT. ONE QUESTION THAT I CAME UP WITH IS IN A RESIDENCE CAN A PERSON PAINT APPEAR ON THE SIDE OF THEIR HOUSE AND SO I WANT TO CLARIFY THAT AND ASK THAT QUESTION. YEAH. CHAIR COMMISSIONER GOLTZMAN, FORGIVE ME FOR NOT BRINGING THAT UP. I THINK WE DID TALK ABOUT THAT BRIEFLY IN OUR LAST MEETING BUT A SO THE W THAT THI POLICY LAYS OUT IS THAT THERE WOULD NOT BE ANY LOCATIONAL RESTRICTIONS ON THAT AND THE REASON FOR THAT HAS SOME TO DO WITH KIND OF WHERE THE CURRENT COATINGS RESTRICTION IT DOESN'T APPLY TO YOUR SINGLE FAMILY RESIDENCE OR OTHER LOWER DENSITY RESIDENTIAL PROPERTIES THERE ISN'T A PAINTING RESTRICTION ON THOSE AND SO I'M SOMEONE COULD POTENTIALLY DO THAT AND WE WOULDN'T HAVE WE WOULDN'T THERE WOULDN'T HAVE ANYTHING TO POINT TO IN THE CITY CODE THAT WOULD PRECLUDE THEM FROM DOING SO. THE OTHER REASON THAT WE WHEN WE WENT THROUGH THIS AND EVALUATED WHETHER TO DO LOCATIONAL RESTRICTIONS AND SHOULD ADD THAT SOME COMMUNITIES DO TAILOR THESE THEY LIMIT THEM TO THEIR DOWNTOWN THEY OR THEY'RE ONLY COMMERCIAL INDUSTRIAL PROPERTIES TYPE OF THING BUT THE REASON THAT WE'RE NOT SUGGESTING TO DO THAT HAS TO DO WITH THE NUMBER OF NONRESIDENTIAL USES THAT ARE ALLOWED WITHIN OUR RESIDENTIAL DISTRICTS THAT ARE ONE DISTRICT SPECIFICALLY IS THE ZONING DISTRICT THAT HAS A LOT OF GOVERNMENT FACILITIES PARKS, FIRE STATIONS, PLACES OF ASSEMBLY. SO IF YOU WANTED TO HAVE THE ABILITY TO DEPLOY A MURAL AT SAY THE FIRE STATION AT THE PLACE OF ASMBLY AND YOU CREATED A LOCATION A RESTRICTION ON THAT LIMITING IT TO COMMERCIAL OR INDUSTRIAL PROPERTIES THEY WOULD NO LONGER BE AFFORDED THAT OPPORTUNITY. SO THAT'S KIND OF WHAT INTO THE THINKING BUT THANK YOU FOR ASKING THAT QUESTION BECAUSE I DIDN'T BRING IT UP IN MY PRESENTATION. THANK YOU COMMISSIONER COOK THEN THANKS MR. CHAIR. JUST A POINT OF ORDER FOR OUR NEW COMMISSIONERS. THIS IS A PUBLIC AND SO YOU'RE ONLY LOOKING FOR QUESTIONS RIGHT NOW AND NOT GREAT QUESTIONS FOR STAFF ONLY AT THIS POINT WE ANY OTHER QUESTIONS FOR STAFF? YES. COMMISSIONER CURRY THANK YOU CHAIR ARE THERE ANY INSTANCES OR CONCERNS THAT THE PROJECTIONS CREATE SAFETY HAZARDS AT ALL? AND I UNDERSTAND AN EASEMENT RESTRICTION BUT IS THERE ANY CONCERN ABOUT THAT? YEAH. CHAIR COMMISSIONER KRUEGER, THANKS FOR THAT QUESTION. AND SO WE DO HAVE A PROVISION WITHIN PROJECTION STANDARD THAT DOES NOT ALLOW THEM TO GO WITHIN A PUBLIC. HE'S BEEN A RECORD WITHOUT THE APPROVAL OR AUTHORIZATION OF THE DIRECTOR OF PUBLIC WORKS. SO PUBLIC WORKS MANAGERS ALL OF O PUBLIC EASEMENTS AND ANY TIME THERE'S ANY KIND OF STRUCTURE OFFENSE I'LL KEEP USING ANALOGY PEOPLE WANTED TO PUT A FENCE IN AN EASEMENT FOR EXAMPLE OR SOME OTHER TYPE OF STRUCTURE RETAINING WALL YOU NEED TO GET THE PERMISSION OF PUBLIC WORKS TO DO THAT. SO THIS IS THE SAME CONCEPT YOU CAN'T GO INTO A PUBLIC HE'S BEEN A RECORD EVEN IF IT IS LESS THAN TWO FEET OR LESS WITHOUT THEIR WRITTEN AUTHORIZATION SO THERE IS A PROVISION IN THERE FOR THAT. AND THE OTHER QUESTIONS FOR STAFF COMMISSIONER COOK THE THINKING OF THIS ON THE FLY SO FORGIVE ME I BELIEVE WE HAVE A TRANSPARENCY REQUIREMENT FOR. FENCES IN THE CITY COULD COULD YOU SKIRT AROUND BY PUTTING A MURAL ON A FENCE? CHAIR COMMISSIONER COOKTOWN NO I WOULD NOT ARGUE YOU CAN'T THE YOU KNOW THE PROVISIONS YOU'RE REFERRING TO HAVE TO DO WITH OPACITY OF OUR FENCING AND. FENCING AND FRONT YARDS HAS TO BE 50% OPEN IS THE BASIC PRINCIPLE AND SO A MURAL YOU KNOW ON A FENCE IT WOULD HAVE TO BE FULLY OPAQUE AT THAT POINT IN ORDER DO SO. SO NO, THAT'S NOT THAT'S NOT A MURAL PERMIT THAT STAFF WOULD SIGN OFF FOR APPROVAL AND BECAUSE OF THAT IT WOULD VIOLATE FENCE ORDINANCE BASICALLY THE OTHER QUESTIONS FOR STAFF THANK YOU VERY MUCH AS THE CITY IS APPLICANT ON THIS ITEM WE WILL NOT HAVE ANY REQUEST FOR THE APPLICANT SPEAK. THIS ITEM IS A PUBLIC HEARING SO I WILL OPE PUBLIC HEARING. I SEE NONE IN THE CHAMBERS AND I SEE NO ONLINE ACT THAT IS TRUE TRUMAN EVERYONE ONLINE AND CY STAFF ALL RIGHT SO SEEING NONE ONLINE NONE IN THE CHAMBERS I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING MOTION TO CLOSE THE PUBLIC HEARING SO I CAN THANK YOU WITH A MOTION AND A SECOND ANY DISCUSSION ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING SAY I I OPPOSED THE PUBLIC HEARING IS CLOSED DISCUSSION I GUESS I WILL SAY I THE THOUGHT THAT'S GONE INTO THIS I THINK I THINK IT'S YOU KNOW IT'S A IT GIVES US A LOT MORE LATITUDE THAN WE HAD IT DOESN'T GO YOU KNOW FOR OPEN UP THE FLOODGATES. YOU KNOW FOR THOSE WHO HEARD ME OPINE ON A NUMBER OF ISSUES, I THINK THIS IS A LITTLE BIT OF ANOTHER EXAMPLE OF LET'S GET US FROM 1970 BLOOMINGTON TO 2020 BLOOMINGTON. SO I IN SUPPORT OF THIS COMMISSIONER COOKED IN MR. CHAIR THANK YOU I WOULD LIKE TO AGAIN BRING UP THE 50% COVERAGE BEING THAT COMMISSIONER GOLDSBOROUGH WASN'T HERE WE HAVE A COUPLE OF NEW GIVE SOME FOLKS A CHANCE TO COMMENT ON THAT. I TAKE THE POSITION OF AM IN FAVOR OF 100% COVERAGE ON A BUILDING I HEARD STAFF'S COMMENTS AND I UNDERSTAND THEM BUT I DO DISAGREE WITH THEM. WE HAVE STANDARDS IN PLACE THAT IF A MURAL TO DETERIORATE THEY HAVE TO FIX IT AND I'M COMFORTABLE WITH THAT AND I KNOW THERE'S CONCERN ABOUT WELL PUTTING A MURAL A WHOLE BUILDING MIGHT BE A WAY TO SKIRT AROUND THE COATINGS AND COVERAGE THING I ACTUALLY WOULD BE IN FAVOR OF THAT IF IF A BUILDING OWNER WANTS JUST PAINTED WHITE BUT WE SAY NO BUT YOU CAN DO A MURAL AND THEY CHOOSE TO DO THAT. I THINK THAT WOULD BE A WIN AND SO I IN FAVOR OF 100% COVERAGE I THINK IT'S UNLIKELY NO ONE'S PROBABLY GOING TO PUT A MURAL ON THE BACK OF THEIR BUILDING UNDERSTANDING THAT BUT I DO REMAIN IN SUPPORT OF 100% CERAGE AVAILABLE A SO I ANYONE ELSE HAS COMMENTARY I WOULD LIKE TO HEAR THAT. THANK YOU. AND THE OTHER DISCUSSION. MR.. ALBRECHT I THINK YOUR CHAIR I'LL JUST FOLLOW UP ON COMMISSIONER CAPTAIN'S QUESTION IN COMMENTS REGARDING THE 50% RULE HERE I AM ACTUALLY IN FAVOR OF THE 50% AND PRIMARILY BECAUSE I AM CONCERNED WITH LIKE COMMISSIONER GOLTZMAN ASKED A SALE OF AROPERTY AND WHO IS THEN RESPONSIBLE FOR THAT UPKEEP IF YOU DID HAVE A BUILDING THAT WAS 100% MURAL WHICH I DO THINK WOULD BE LOVELY IT'S EXPENSIVE TO REPLACE AND REPAIR AND WHAT DOES THAT DO TO THE BUILDING VALUATION? WHAT DOES THAT DO TO POTENTIAL OF THE PROPERTY? THERE'S JUST I MY HEAD GOES DOWN A RABBIT HOLE OF POTENTIAL ISSUES WITH MORE OF IT THOUGH I DO THINK THAT EVEN0% PROBABLY H A FINANCIAL IMPACT I WOULD BE IN FAVOR OF 50% WITH THE CAVEAT THAT WE IF ARE IN NEED OF OPENING UP TO MORE BUILDING AREA THEN THAT'S SOMETHING THAT STAFF CAN LOOK INTO AND CAN COME BACK AND MAKE THAT CHANGE. COMMISSIONER GOLDSON THANKS CHAIR. I GUESS I HAVE A QUESTION FOR STAFF WITH THAT. IF A MURAL COMES OUT AND IT'S 65% OR MORE THAN THE 50% WOULD THEY HAVE THROUGH THAT APPEALS PROCESS, COULD THEY ASK A VARIANCE OR IS IT ONLY YES OR NO? YOU KNOW CHAIR COMMISSIONER GOLTZMAN YOU TECHNICALLY COULD SEEK A VARIANCE TO THAT BECAUSE IS A NUMERICAL PERFORMANCE STANDARD IN YOUR ZONING. HOWEVER I MEAN I DON'T WANT TO PREDISPOSE ANALYSIS OF A A CASE IN ADVANCE OF THAT BUT THINK IT WOULD I THINK PROPERTY OWNER WOULD HAVE A HARD TIME MAKING THE FINDINGS BECAUSE IN EFFECT IT WOULD BE A SITUATION THAT THEY CREATED ON THEMSELVES ONE OF THE KEY FINDINGS OF A VARIANCE IS THAT IT'S A UNIQUE SITUATION NOT CREATED BY THE LANDOWNER BUT INEFFECTIVE THEY INSTALLED THIS MARILYN CREATED THE NON-CONFORMITY THEN WOULDN'T HAVE THE ABILITY TO MEET THAT FINDING. SO AT THAT POINT IT WOULD BE A VIOLATION OF SOME KIND. THEY WOULD HAVE DO SOME KIND OF INTERVENTION TO MATCH THE APPROVED DESIGN THAT ISSUED IN THE MURAL PERMIT SO THAT WOULD BE MY RESPONSE TO THAT ON THE FLY. OKAY. ADDITIONAL DISCUSSION TO COMMISSIONER CAPTAIN'S POINT I COULD SEE US GETTING TO 100%. I THE ONLY REASON I I HESITATE IS THE ADVICE OR THE GUIDANCE OF TO BE CAUTIOUS OF THE COATINGS THING AND I KNOW WE HAVE BEEN FAIRLY PROTECTIVE OF THAT WE'VE HAD REQUESTS FOR VARIANCES COME FOR THAT AND EVERY ONE OF THEM HAS BEEN SUMMARILY DISMISSED AND I HAVE CONCERNED THAT RECENTLY WHEN I A NEIGHBORING COMMUNITY WHICH I WON'T CALL OUT AND IT WAS A BUILDING THAT CLEARLY THE BRACKET EITHER BEEN PAINTED OR COATED. IT WAS NOT CLEARLY GOING TO STAND THE OF TIME OR WELL THE COATING DOESN'T LOOK LIKE IT'S A VERY HIGH SO IT WAS A GOOD REMINDER TO ME OF YOU KNOW THAT THAT IS THERE'S A REASON WE HAVE THAT AND SO I WOULD I COULD SEE US GETTING TO 100% BUT I WOULD I WOULD PREFER TO BE CAUTIOU MOSTLY TO PROTECT THAT OTHER PIECE. COMMISSIONER MR. CHAIR, THANKS AND I DON'T ALLOW ME TO START A BACK AND FORTH HERE PLEASE. AS SOMEONE WHO IS KNOWN AS SOMEONE WHO SURROUNDS HIMSELF PROFESSIONALLY WITH A SIGNIFICANT NUMBER OF ARCHITECTS, I CAN TELL YOU THAT WHEN I BROUGHT UP THIS CODE PROVISION OF HOURS BEFORE I SOME RAISED EYEBROWS AND SO PERHAPS GOING 200% ON MURALS ONLY IS A WAY TO WHET OUR BEAK A LITTLE BIT IN DIFFERENT TYPES OF COATINGS WALLS SO WE'REOT JUMPING INTO IT. WE'RE JUST LETTING IT GO LOOSE. BUT MURALS WOULD BE A VERY SMALL WAY WHERE CAN TEST ARE IS THE INDUSTRY REALLY READY TO DO THIS OR NOT? FAIR ENOUGH. COMMISSIONER GOLTZMAN YOU KNOW, AS YOU WERE TALKING OF THE THINGS THAT POPPED IN MY MIND IS THERE IS A PROPERTY ON JAMES AND ROUGHLY 95TH STREET THAT HAS BEEN PAINTED ARTISTICALLY. WOULD THAT BE CONSIDERED A MUL OR WOULD TT CONSIDERED ARTISTIC PAINTED BUILDINGS AND HOW WOULD THAT LOOK IN THE NEW MURAL POLICY YOU HAVE HERE? YEAH. CHAIR COMMISSIONERS SCOTSMAN THAT THAT BUILDING WAS PREVIOUSLY PAINTED AND SO WHEN A BUILDING CODED BEFORE THE ADOPTION OF THOSE STANDARDS IT CAN BE REPAINTED ANY NUMBER OF TIMES. SO THAT'S HOW THAT SITUATION KIND OF RESULTED FROM THERE. AND YES I WOULD CONSIDER THAT IF YOU KNOW IF WE WERE TO THIS NEW DEFINITION AND MAYBE EVEN UNDER OUR EXISTING DEFINITION I WOULD CONSIDER THAT A MURAL UNDER THOSE UNDER THAT LANGUAGE. SO THE REASON THAT THAT WENT FORWARD IS BECAUSE IT WAS A PREVIOUSLY PAINTED BUILDING. GOT IT. I MEAN IF I IF I MAY ADD ONE THING VARIANCE LIKELY TO MY COMMENT ABOUT THE VARIANCE VARIANCE WOULD LIKELY NOT BE A GOOD A PATHWAY BASED ON THE REQUIRED FINDINGS UNDER STATE STATUTES. I DON'T BELIEVE THERE IS ANY PROVISIONS IN PD FLEXIBILITY THAT WOULD PRECLUDE SOMEONE FROM SEEKING PD FLEXIBILITY FOR THAT IF THEY COULD DEMONSTRATE THAT THERE'S A PUBLIC BENEFIT TO TO SUCH SO THE PD AND NOT SUGGESTING SOMEONE WOULD SEEK A PLAN DEVELOPMENT SOLELY FOR THAT THAT WOULD BE KIND OF STRANGE TO ME BUT THAT TOOL IS THERE AND IT DOESN'T HAVE THE SAME LIMITATIONS AS A VARIANCE GREAT. THANK YOU. IF I MAY. YES. SO I'VE ASKED A LOT OF QUESTIONS AND I LIKE TO VISUALIZE WHAT WOULD 50% OF A BUILDING LOOK LIKE VERSUS 100% OF A BUILDING AND I LIKE TO EXAMPLES AND THAT'S WHY I'M ASKING THE QUESTION. SO YOU KNOW, I THINK THAT BUILDING THAT I REFERENCED IT'S ALMOST 100% OF THAT BUILDING IF NOT 100. I'M NOT QUITE SURE WHAT THE PERCENTAGE IS. IT'S BEAUTIFUL AND I REALLY THINK IT'S AN INTERESTING BUILDING AND I THOUGHT OF IT BUT THEN I ALSO GO BACK TO WHAT WE HAVE IN FRONT OF US TODAY AT 50 AND I I'M INTERESTED TO SEE I THINK THIS IS A GOOD PLACE US TO START I'M INTERESTED TO SEE WHERE THE APPLICATIONS COME IN AND IF WE DO HAVE A NEED TO INCREASE THE PERCENTAGE FROM 50% I'D LIKE THE CITY STAFF TO BRING IT FORWARD AS A AS A AMENDMENT TO THIS SAY OKAY WE'VE HAD THESE CONDITIONS AND MAYBE WE NEED TO PUMP IT UP TO 70% OR 100%. BUT I THINK AS IT STANDS TODAY I'LL BE SUPPORTING AS IT IS AT 50% BUT I'M OPEN TO EXPANDING IF IF THE MARKET FOR THE WANTS IT MOVING ON FROM THAT ONE OF THE CONCERNS THAT I HAVE AROUND THIS IS THE RESIDENTIAL PIECE OF MURALS I THINK YOU KNOW IF WE LOOK AT FROM A COMMERCIAL PERSPECTIVE, YOU KNOW WE HAVE A LOT OF THE COMMUNITY UTILIZING THE SPACE, SEEING THESE MURALS AND THAT'S KIND OF THE FIRST FIT OF A MURAL I THINK IS MORE IN COMMUNITY SPACE BUT I'M REALLY INTERESTED TO SEE AND I DON'T KNOW IF I'M PRO CON BUT REALLY INTERESTED TO SEE HOW THIS COULD BE TO A RESIDENT SPECIFICALLY SINGLE FAMILY HOME AND SO BECAUSE WE DON'T HAVE ANY GUARDRAILS AROUND THIS I'M OPEN HOW IT IS TODAY BUT IT'S JUST AN INTEREST OF MINE TO SEE WHERE THIS WILL GO AND THEN HOW WILL THE COMMUNITY RESPOND TO THAT OR HOMEOWNERS WILL RESPOND TO THAT AGAIN I'M NOT PUTTING AN OPINION EITHER WAY BUT IT'S JUST AN AREA THAT I'M INTERESTED IN . I PUT MY OPINIONS OUT THERE. COMMISSIONER THANK YOU. YEAH, I GUESS I DO HAVE A BIT CONCERN ABOUT THE RESIDENTIAL PIECE AND I UNDERSTAND YOU CAN'T KIND OF REGULATE IT THROUGH ZONING. I DON'T KNOW IF YOU CAN IF IT CAN BE REGULATED THROUGH THE USE OF THE PROPERTY BUT IN TERMS OF THE COST TO MAINTAIN IT, YOU KNOW, I WONDER IF PEOPLE ARE GOING TO IF SOMEBODY WANTS TO PUT A MURAL ON THE SIDE OF THEIR HOUSE AND THEN CAN'T MAINTAIN IT AND THEN WHAT DO YOU DO? YOU END UP WITH MURALS ALONG THE SIDE OF PEOPLE'S HOUSES THAT THEY CAN'T MAINTAIN FINANCIALLY AND THEN THE CITY HAS TO DEAL WITH THIS. SO I DON'T KNOW IF THAT CREATE A YOU KNOW, A ISSUE FOR THE CITY OR NOT BUT SOMETHING TO THINK ABOUT. WOULD IT BE ACCURATE TO SAY THAT SINCE WE DON'T HAVE COATINGS RESTRICTION TODAY IN THE ABSENCE OF THIS POLICY THERE'S NOTHING THAT STOPS SOMEONE FROM PUTTING A MURAL ON THEIR HOME TODAY GERALD AND THAT'S CORRECT, YEP. YEAH AND. JEROME AND THAT'S BEEN THE CASE THROUGHOUT BLOOMINGTON'S HISTORY THIS WOULD IN FACT LIMIT WHAT YOU COULD DO A RESIDENCE TODAY YOU COULD HAVE 100% COVERAGE IN MURALS. YOU KW NOBODY DOES THAT UNDER THIS PROPOSED ORDINANCE IT WOULD BE LIMITED TO 50% COVERAGE IN A HOUSE THEY GET NINE DONE BEFORE AUGUST 28TH. COMMISSIONER ALBRECHT GETS YOUR GO ON THE RECORD TO FOLLOW UP ON THAT TO FOLLOW UP ON THAT AND THIS IS JUST A CLARIFYING QUESTION MR.. JOHNSON WOULD IF COMMISSIONER ROHMAN DECIDED WAS GOING TO PAINT HIS HOUSE, HE WOULD HAVE TO GO THROUGH THE APPLICATION PROCESS AT THIS POINT. BUT AT THIS CURRENT STATE RIGHT NOW THERE WOULD BE NO OBLIGATION AND SOMEONE COULD JUST PAINT A MURAL ON THEIR HOUSE CHAIR MICHEL RIGHT. THAT'S CORRECT, YES. AND THE ONE THING I WOULD SAY I GUESS TO THE CONCERN NOT THAT YOU KNOW, A MURAL ON A RESIDENTIAL HOME MIGHT BE INTERESTING OR IN THE MINNESOTA WAY THE ONE THAT I GUESS THE POSITIVE COMPONENT IS THERE IS A QUESTION ABOUT THE PROPERTY OWNER ABSORBS THAT RISK IN THE INSTANCE OA COMMERCIAL INDUSIAL PROPERTY THAT HAS LIMITATIONS ON COATINGS THAT BECOMES MORE PROBLEMATIC AND MORE OF AN ISSUE WHERE ON A RESIDENTIAL HOME YOU CAN SIMPLY PAINT RIGHT OVER IT BECAUSE THERE'S NO RESTRICTION ON COATINGS ON A RESIDENTIAL HOME. SO I MEAN I THINK THAT LOWERS KIND OF THE LEVEL OF INTERVENTION NECESSARY TO CORRECT THE PROBLEM IF IT A PROBLEM SO TO SPEAK OR IF IT GETS INTO DISREPAIR. BUT THAT'S JUST A COMMENT. MR. GOLTZMAN MY LAST COMMENT I THINK ONE OF THE THINGS I LIKE ABOUT THIS AS WELL IT HELPS FRAMEHAT IS ACCEPTAE TO T ON A MURAL AS WELL WITHIN THE BOUNDS THAT WE HAVE. IF SOMEONE WAS TO PAINT SOMETHING LIKE A TRAFFIC SIGN THE SIDE OF THEIR HOUSE TODAY IN THE NEW IN THE NEW POLICY I THINK WE HAVE A LITTLE BIT MORE DISCRETION ON THE THINGS THAT WE THINK PERCEPTIBLE FROM A SAFETY OR COMMUNITY ACCEPTANCE AS WELL. ON THOSE GUARDRAILS THAT WE PUT UP ON THE SITE AS WELL A COMMISSIONER CURRY. THANK YOU CHAIR. I GUESS GOING BACK TO THE DISCUSSION ABOUT THE 50% I REALIZE 50% IS 50% OF THAT SPECIFIC WALL THAT RIGHT. OR IS IT 50% OF ALL FOUR WALLS ADD IT UP AND YOU CAN DO OKAY YEAH THAT MAKES SENSE. YEAH. SO YOU COULD DO HALF OF ALL FOUR WALLS WHICH WOULD ADD UP TO 50% OF YOUR TOTAL. YEAH CHAIRMAN THAT'S CORRECT. IT'S THAT WE WOULD CALCULATE THE TOTAL WALL ELEVATION AND YOU KNOW THI OF A RECTANGULAR BUILDING. SOME ELEVATIONS ARE BIGGER THAN OTHERS AND SO WE WOULDN'T LOOK AT IT AS YOU KNOW JUST TWO WALLS. WE WOULD ACTUALLY HAVE A TOTAL SQUARE FOOTAGE AND IF IT WAS A THOUSAND SQUARE FEET OF WALL AREA, IT'S USUALLY BIGGER THAN THAT BUT SAY IT WAS 1000 THEN YOU COULD HAVE 500 SQUARE FOOT OF MURAL THAT TOTAL BUILDING. AND ONE THING WE DIDN'T TALK ABOUT RELATED NOT TO OPEN ANOTHER CAN OF WORMS BUT ONE THING WE DIDN'T TALK ABOUT WITH SIGNS IS THAT CURRENTLY SIGNS ARE LIMITED TO ELEVATIONS THAT ARE ALONG PUBLIC STREETS FOR THE MOST PART THAT'S NOT WELL THAT'S NOT TOTALLY TRUE BUT ALLOWANCES FOR WALL TYPICALLY ARE BASED ON THE SIDES OF THE BUILDING THAT FACE THE PUBLIC WAY AND THERE IS SOME ALLOWANCES FOR THAT. SO I KIND OBACK UP LITTLE BIT BUT UNLESS SO WITH THE CURRENT SIGNAGE ORDINANCE PROVISIONS WE WOULD ALSO BE LOOKING AT THE SIGN CODE ITERMS OF WHERE COMMERCIAL SIGNAGE CAN BE DEPLOYED ON THE BASIS OF OUR CURRENT SIGN CODE . WE WILL LOOK AT THAT IN THE NEW SIGN ORDINANCE AND SEE WHAT WE THINK IS APPROPRIATE IN THAT REGARD BUT JUST KIND A HEADS UP ABOUT THAT. IT WAS JUST A QUESTION WE WERE KIND OF DISCUSSING INTERNALLY . ANY ADDITIONAL DISCUSSION? THERE WASN'T EVEN A QUESTION ABOUT THAT. I DON'T EVEN KNOW WHY I WENT THERE. IF THERE'S NO FURTHER DISCUSSION I WOULD ENTERTAIN A MOTION EITHER AS WE SEE HERE OR IF ANYONE HAS A ALTERNATIVE . COMMISSIONER GOLTZMAN CHAIR I'D LIKE TO MAKE A MOTION EVACUATES IN CASE P.L. 2023-89 AND MOVED TO RECOMMEND APPROVAL A CITY CODE AMENDMENT AND SUPPORTING POLICY AMENDING THE DEFINITION OF A MURAL AND ESTABLISHING NEW STANDARDS AND PROCEDURES FOR INSTALLING MURALS IN BLOOMINGTON. SO SECOND SECOND THANK YOU. WE HAVE A MOTION AND A SECOND TO RECOMMEND APPROVAL OF CITY CODE AMENDMENT AND POLICY SUPPORTING MURALS IN THE CITY. ANY FURTHER DISCUSSION ALL THOSE IN FAVOR SAY I. IPPOSED THE MOTION PASSES. THIS ITEM WILL APPEAR AS A PUBLIC HEARING ON THE AUGUST 28TH CITY COUNCIL MEETING. THANK YOU. THE NEXT ITEM IS TO CONSIDER THE PLANNING COMMISSION SYNOPSIS FROM JUNE 8TH AND JUNE 22ND. I DO HAVE ONE QUESTION I DON'T KNOW IF THIS IS FOR THE PLANNING MANAGER OR ASSISTANT CITY ATTORNEY BUT I IN BOTH OF THESE IS COMMISSIONER KORMAN IS LISTED AS ABSENT AND SHE HAD RESIGNED HER SEAT AT THE END OF MAY IS THAT STILL THIS IS ABSENT BECAUSE THEY'RE SEATED NOT BEING FILLED OR IS THAT JUST A TYPO EITHER WAY I NOT MATTER I JUST THATAS AN OBSERVATION. SHOULD I SEND IT TO YOU SOONER? I'M SORRY. YEAH. CHAIRWOMAN GIVEN THAT IT WAS AFTER HER RESIGNATION WELL, LET ME THINK ABOUT THIS. DID IT FORMALLY TAKE EFFECT ON THE END. THEN I'D HAVE TO LOOK BACK AT THAT. IT MAY NOT MATTER FOR THE PURPOSE OF THE MINUTES BUT I JUST THOUGHT I'D ASK THE QUESTION SO IF IT DOESN'T MATTER FOR WHETHER WE APPROVE IT OR NOT. HMM? YEAH, YOU COULD YOU COULD AMEND IT IF YOU'D LIKE. I DON'T NEED TO. I JUST WANT TO MAKE SURE WE'RE NOT OPENING THE DOOR. ANY QUESTIONS LATER? MM. SO OKAY. DOES IT MAKE MORE SENSE TO JUST HOLD THIS AND THEN GIVE SOMEBODY A CHANCE TO THINK ABOUT IT? ASSISTANT CITY ATTORNEY TO ASK SO YOU COME IN PERSON AND WE HAVE THINGS FOR YOU. YEAH. I'M GOING TO ASK YOU TO THE NEW COMMISSIONER SO NICE TO MEET YOU. I'M THE ASSISTANT CITY ATTORNEY I WORK WITH PLANNING . I THINK THE MOST IMPORTANT THING IS TO HAVE IT BE ACCURATE. SO TWO HAS TO BE COMMISSIONER COOKED IN SUGGESTION THAT MIGHT BE A GOOD IDEA AND THEN PLANNING MANAGER CAN LOOK AND SEE IF THERE WAS AN EFFECTIVE DATE ON THE RESIGNATION OR WHEN IT WAS SO WE APPROVE THEM ACCURATELY NEXT TIME SO OKAY SO THIS IS TECHNICALLY A STUDY ITEM SO DO I NEED A MOTION TABLE OR JUST CHOOSE NOT TO ADDRESS IT? I DON'T THINK WE NEED A MOTION. YOU CAN JUST FAIL TO MAKE A MOTION. WE'LL BRING IT BACK NEXT TIME. ALL RIGHT THEN WE WILL REVISIT ITEM FOUR AT A FUTURE MEETING . ITEM FIVE IS FOR OUR NEW QUESTION IS THE POLICY AN ISSUE OF THIS IS A PIECE OF OUR AGENDA WHERE STAFF AND THE COMMISSIONERS CAN RAISE ITEMS FOR CONSIDERATION EITHER TODAY IN THE FUTURE THAT ARE NOT ON THE AGENDA AND WE USUALLY START WITH THE PLANNING MANAGER FOR ANY ITEMS THEY HAVE IT'S JEROME AND COMMISSIONER HOURS WE HAVE TWO BUSY AGENDAS COMING UP LOOKING FORWARD TO AUGUST SO TWO WEEKS FROM TONIGHT SO RIGHT AND THEY INCLUDE A CONDITIONAL USE PERMIT FOR EXPANSION OF AN OUTDOOR PATIO THAT'S A 9555 JAMES AVENUE SO WE NUMEROUS REZONINGS ALONG LYNDALE AVENUE FROM THE B2 TO THE B4 DISTRICT BOTH OF THOSE ITEMS PUBLIC HEARINGS ALONG WITH A PUBLIC HEARING ON THE 98TH STREET INTERCHANGE STUDY THAT'S AN ITEM YOU'VE SEEN AS A STUDY ITEM IN THE PAST. WE ALSO HAVE ANNUAL REVIEW PLANNING COMMISSION RULES AND OF PROCEDURE AND TN FINALLY THE ELECTION OF OFFICERS FOR THE NEXT YEAR LOOKING FURTHER OUT AT AUGUST 31ST WE HAVE A CONDITIONAL USE PERMIT FOR A SPORTS TRAINING FACILITY THAT'S AT 2020 WEST OF SHAKOPEE ROAD AND WE HAVE A CONDITIONAL USE PERMIT FOR A DAY CARE FACILITY AT AN EXISTING PLACE OF ASSEMBLY AND THAT'S AT 8600 BLOOMINGTON AVENUE SOUTH. SO WE HAVE FINAL DEVELOPMENT PLANS FOR TWO OF THE TECHNOLOGY CAMPUS 144,000 SQUARE FOOT OFFICE BUILDING IN A PARKING STRUCTURE AND THAT'S A 8050 WINSTON WAY. AND THEN FINALLY WE HAVE A MAJOR REVISION TO FINAL BUILDING PLANS FOR AN ADDITIONAL TWO STOREY ADDITION TO SUPPORT A BUILDING CONVERSION TO A RETAIL FURNITURE FACILITY AND THAT'S AT 2740 AMERICAN BOULEVARD. SO THAT'S WHAT WE HAVE ON OUR TWO UPCOMING AGENDAS AND THEN I WOULD POINT OUT AT OUR NEXT MEETING WE'LL HAVE THE ELECTION OF OFFICERS SO THAT WILL BE FOR BOTH CHAIR AND VICE CHAIR. IT WILL BE DONE VIA SECRET BALLOT THAT MEETING AND WE'LL BE PREPARING THE BALLOTS AND. IN PAST YEARS WE'VE HEARD FROM SOME COMMISSIONERS THAT THEY DO NOT WANT TO BE CONSIDERED FOR FOR EITHER OFFICE AND IF THAT'S THE CASE THIS YEAR, YOU KNOW, JUST LET ME KNOW ABOUT IT. YOU CAN DO IT TONIGHT OR YOU KNOW, AFTER THE MEETING AND THEN WE JUST WON'T PUT YOUR NAME ON THE BALLOT SO YOU DON'T ACCIDENTALLY GET APPOINTED TO A POSITION THAT YOU DON'T WANT TO BE APPOINTED. SO THAT'S HOW I HAD GREAT ANY OTHER IDEAS THAT OTHER MEMBERS OF THE COMMISSION WOULD LIKE TO BRING UP? COMMISSIONER COOKED IN MR. IN THE PAST WHEN IT'S COME TO OFFICER VOTING WE'VE ALSO TAKEN OF A COUNTING OF THE HEADS OF WHO IS INTERESTED IN CERTAIN POSITIONS TO HELP PERHAPS NEW COMMISSIONERS OR OTHER CLARIFIER WHITTLE THEIR LIST A BIT. I THINK THAT'S HELPFUL ALSO IN CASE THERE ARE LET'S SAY THREE OR FOUR PEOPLE INTERESTED INTO LEADERSHIP THEN PEOPLE CAN HAVE CONVERSATIONS INDIVIDUALLY THEY ARE TRYING TO FIGURE THAT OUT. SO THAT WOULD BE FINE TOO IF PEOPLE WOULD LIKE TO DO THAT. SO I GUESS ARE THERE ANY PEOPLE WHO JUST FOR THE GOOD OF THE ORDER FOR FOR THIS GROUP FOR EACH OTHER WHO WOULD BE INTERESTED IN BEING CONSIDERED AT THE NEXT MEETING FOR EITHER A CHAIR OR VICE CHAIR ROLE ROLE? IS THAT A QUESTION OR A HAND RAISED? THAT'S OKAY. I ALSO WOULD BE INTERESTED ONLY IN THE VICE CHAIR POSITION. OKAY UNLESS YOU DON'T WANT TO BE THE CHAIR I GUESS I AM HAPPY TO BE CONSIDERED BUT I'M ALSO HAPPY TO SHARE THE OPPORTUNITY FOR PEOPLE TO HAVE LEADERSHIP ROLES. SO Y OR NO EITHER WAY. OKAY ANY OTHER ITEMS FOR THE GOOD OF THE ORDER. ALL RIGHT. SEEING THAT WE ARE ADJOURNED UNTIL AUGUST 17TH