. GOOD EVENING EVERYONE AND WELCOME. I WILL CALL THIS CITY COUNCIL BUSINESS MEETING TO ORDER TONIGHT IS MONDAY DECEMBER 18TH 2023 OUR LAST CITY COUNCIL MEETING OF THE YEAR THAN YOU ALL FOR BEING HERE IN THE COUNCIL CHAMBERS. THANKS TO EVERYBODY WHO'S WATCHING AT HOME. WE WILL START OUR MEETING AS WE ALWAYS DO. IF YOU'RE ABLE PLEASE RISE AND JOIN US IN THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL . ONCE AGAIN, THANKS FOR JOINING US THIS EVENG. OUR AGENDA THIS EVENING INCLUDES ITEM 2.1 WHICH IS SOME RECOGNITION FOR COUNCIL MEMBER MARTIN. THIS IS HIS LAST COUNCIL MEETING AND WILL RECOGNIZE HIS SERVICE TO THE CITY OF BLOOMINGTON UNDER OUR CONSENT AGENDA COUNCILMEMBER CARTER HAS THE CONSENT AGENDA THIS EVENING AND IT'S A HEFTY 124 ITEMS ON TONIGHT'S CONSENT AGENDA AS WE MOVE TO HEARINGS, RESOLUTIONS AND ORDINANCES WE HAVE FIVE PUBLIC HEARINGS THIS EVENING AND ONE OPPORTUNITY FOR A PUBLIC COMMENT THAT WOULD BE ON ITEM 4.6 OUR ACTIVE TRANSPORTATION PN ADOPTION THE PUBLIC HEARINGS WILL BE HOLDING AND A 4.1 WILL BE REGARDING THE CAPITAL IMPROVEMENT PLAN 4.2 THE NORTHERN ELITE ALL STARS CHANGE CONDITION AND IN 4.3 BUILDING EXPANSION 9200 OLD CEDAR AVENUE WE WILL HAVE A PUBLIC HEARING REGARDING 700 AMERICAN BOULEVARD THE THE REZONING AND THE PDP AND THE FTT AND THE PUBLIC HEARING ON THE 4.5 IS OUR MISCELLANEOUS ISSUES ORDINANCES FOR 2023 AN ANNUAL EVENT THAT WE HAVE EVERY YEAR WHERE WE AT OUR ORDINANCES AND LOOK FOR WAYS TO UPDATE IMPROVE OR EDIT THEM IN SOME WAY. SO THOSE ARE OUR HEARINGS, RESOLUTIONS AND ORDINANCES FOR THE EVENING AND IN FIVE IS OUR ORGANIZATIONAL BUSINESS ITEM 5.1 WE WILL PROVIDE A SUMMARY OF THE CITY MANAGER PERFORMANCE EVALUATION AND EMPLOYMENT AGREEMENT AND WE WILL END OUR MEETING WITH ITEM 5.2 OF THE CITY COUNCIL POLICY AND ISSUE UPDATE COUNCIL ANY CHANGES OR CORRECTIONS TO TONIGHT'S AGENDA SEEING NONE I WOULD MOVE APPROVAL OF OUR AGENDA FOR THIS EVENING SO A SECOND MOTION BYOUNCILMEER DALLESSANDRO SECOND BY COUNCILMEMBER MARTIN TO MOVE APPROVAL OF OUR AGENDA THIS EVENING. NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR PLEASE SAY I PROPOSED MOTION CARRIES SEVEN ZERO AND WE HAVE AN AGENDA AS I MENTIONED ITEM 2.1 RECOGNITION OF OUR COUNCILMEMBER PATRICK MARTIN HIS SERVICE TO THE CITY OF BLOOMINGTON. THIS IS HIS LAST COUNCIL MEETING. PATRICK, I WANTED TO SAY THANK YOU VERY MUCH FOR YOUR SERVICE TO THE CITY OF BLOOMINGTON. IT'S GREATLY APPRECIATED GIVEN YOUR AGE WHEN YOU WERE FIRST ELECTED. I YOU HAD A CHANCE TO BREAK ALL KINDS OF LIKE LONGEVITY RECORDS HERE ON THE COUNCIL BU INDERSTAND YOU YOU NEED TO STEP ASIDE AND WHEN YOU WERE ELECTED YOU WERE OUR MOST RECENT EXAMPLE OF HOW EVERY VOTE COUNTS OR MORE ACCURATELY HOW EVERY SIX VOTES COUNT OR HOWEVER THAT I APPRECIATED THAT YOU TOOK ON YOUR ROLE YOU TOOK IT ON WITH ENTHUSIASM AND YOU TOOK IT VERY SERIOUSLY AND I ADMIRE THAT YOU TOOK ON YOUR ROLE WITH SOME ADMIRABLE EMPATHY. I REALLY DO. I APPRECIATED HOW YOU SPOKE CLEARLY AND BROADLY AND EMPATHETICALLY FOR ALL THE RESIDENTS IN DISTRICT FOUR. I THINK THAT YOU DID THAT VERY WELL. I'VE ALWAYS APPRECIATED YOUR YOUR QUICK WIT, YOUR THOUGHTFUL COMMENTS THAT YOU DIDN'T NECESSARILY HAVE TO WEIGH IN ON EVERY ITEM ALL THE TIME WHICH I REALLY DO APPRECIATE THAT AND I REALLY DID. I APPRECIATED THAT AS YOU DIDN'T WEIGH IN EVERY TIME WHEN YOU DID WHEN YOU WERE DEFINITELY WORTH LISTENING TO AND APPRECIATE ALL YOU HAD TO SAY. SO THANK YOU SO AGAIN THANKS FOR YOUR SERVICE TO THE CITY OF BLOOMINGTON. I WISH YOU AND SHARON THE ABSOLUTE BEST AND ALL GOOD AND SUCCESS IN THE NEXT ADVENTURE THAT YOU'RE TAKING ON. I HAVE NO DOUBT THAT YOU'RE GOING TO BE WILDLY SUCCESSFUL AND WANTED TO AND THANK YOU SO RY MH FOR YOUR SERVICE TO THE CITY SO THANK YOU, COUNSEL. ANYBODY ELSE WANT TO WEIGH IN HERE? ANYBODY ELSE WANT TO WEIGH IN IF NOT COUNCILMAN MORTON ANYTHING TO SAY THANK YOU AND I APPRECIATE THE ROUND OF APPLAUSE. I GOT ONE MORE WHOLE MEETING I COULD GIVE IT IN THE NEXT 3 HOURS BUT WE'LL I I GUESS JUST JUST REAL BRIEFLY I REMEMBER WALKING AROUND AT FIRST CAMPAIGN GOING TO THE SECRETARY OF STATE AND GETTING THE CD OF RAW DATA AND BEGGING A FRIEND TO HELP ME FIGURE OUT THAT IT TURNED INTO A SPREADSHEET AND THEN HAVING 300 PRINTED PAGES THAT WERE BLOWN ALL OVER INTO PEOPLE'S YARDS AND THE WHOLE TIME IN WATCHING COUNCIL MEETINGS SEEING LIKE HOLY COW, THESE FOLKS UP AT THE DAIS, THESE STAFF THAT ARE SO ON POINT LIKE THIS THIS FEELS INSURMOUNTABLE LIKE HOW HOW DO YOU GET THERE? AND THEN I'LL SAY GETTING THERE AND HAVING THE PRIVILEGE TO SERVE FOR SIX YEARS ALONGSIDE ALL THESE FOLKS AND KNOWING THAT REALLY IT'S JUST SEVEN COUNCIL MEMBERS INCLUDING THE MAYOR WHO ARE JUST GOOD PEOPLE THAT WALKED AROUND WITH CLIPBOARDS AND PENCILS TALKING TO NEIGHBORS WANTING TO DO GOOD THINGS THAT THERE IS THERE IS NO MAGIC, THERE IS NO SECRET SAUCE. IT'S GOOD PEOPLE WANTING TO DO GOOD WORK AND AGAIN, I'VE BEEN HONORED TO BE ABLE TO DO IT ALONGSIDE OF FOLKS THAT THAT GIVE ME A LOT OF HOPE AND INSPIRATION THAT THAT THINGS ARE GOING TO BE OKAY AND ALONGSIDE THAT I WANTED TO SAY A HUGE THANK YOU TO STAFF T WE'REP HER TRYING DO GOOD WORK TO TAKE A LOT OF TIMES VERY VAGUE AND SOMETIMES SUGGESTIONS AND TURN THEM INTO CONCRETE ACTIONABLE PLANS TO MAKE A MEANINGFUL DIFFERENCE IN THE LIFE OF THE PEOPLE THAT WE GET TO SERVE TO TAKE THAT THAT AMBITION AND VISION AND GOOD INTENTIONS AND TURN THEM INTO THE NEW PARK THE STREET REPAIRED THE LINES IN THE GROUND THE STUFF THAT GIVES THE COMMUNITY HOPE THAT WILL BE OKAY THAT THE WORLD WILL KEEP SPINNING. AND I JUST THINK REAL QUICK A GREAT EXAMPLE THAT I HAD A TIME ASSAILANT'S BACKGROUND ON FRAY I CLEDUILDING INSPECTIONS. THEY GOT SOMEBODY SCHEDULED WITHIN 48 HOURS. HE WAS AT MY HOUSE HE WAS 40 MINUTES EARLY PETER HE WAS AN INCREDIBLY NICE GUY THAT POINTED OUT A COUPLE OF THINGS THAT NEEDED TO GET FIXED GUIDED ME THROUGH WHAT IS A REALLY ANXIOUS TIME AND SAID DON'T WORRY ABOUT IT WE'LL GET THIS BUTTONED UP IT'LL BE ALL RIGHT. GOOD LUCK TO YOU. I'M SO EXCITED FOR YOU AND TO THINK THAT THERE ARE TENS THOUSANDS OF THOSE INTERACTIONS HAPPENING EVERY MONTH ACROSS THE CITY WITH SUCH PROFESSIONALISM I THINK SPEAKS TO HOW CITY IS RUN AND OPERATES. AND JUST FINALLY THANK YOU TO THE RESIDENTS OF DISTRICT FOUR WHO WERE IN THIS KIND OF SCHMO SHOWED UP AT THE DOOR WITH ALL THE PAPERS AND THE AND THE CLIPBOARD AND SAID I WHAT DO YOU THINK WHAT ARE YOU EXCITED ABOUT? WHAT ARE YOU DREAM ABOUT? WHAT DO YOU NEED FIXED? WHERE DO YOU WANT TO GO? SAID I TRUST THAT GUY AND I THINK HE SHOULD HAVE ONE OF THOSE CHAIRS UP AT THE DESK TO TO GET THE WORK DONE AND. I WOULDN'T BE HERE WITHOUT THAT OPPORTUNITY IN THEIR TRUST. SO AGAIN IT'S WHEN THEY COMPLIMENT ME ON BREVITY I'M GOING TO GO THE OPPOSITE DIRECTION BUT I APPRECIATE THE OPPORTUNITY. THIS MEANS A LOT AND OF COURSE IT'S NOT OFFICIAL UNTIL I GIVE YOU A PLAQUE YOU HAVE TO JUST RECOGNIZE YOUR TIME . ONE NEXT UP ON OUR AGENDA THIS EVENING IS OUR CONSENT AGENDA. COUNCILMEMBER CARTER AS I SAID, HAS OUR CONSENT TONIGHT COUNCILMEMBER CARTER ALL RIGHT. SO I OF COURSE WILL BE HOLDING ITEM 3.1 DO WE HAVE ANY OTHER HOLDS? LET'S CALL. ALL RIGHT. SO WITH THAT I WOULD MOVE TO APPROVE ITEMS 3.2 THROUGH 3.2 FOR SECOND GOT A MOTION BY COUNCILMEMBER SOND BY COUNCILMEMBER TO ACCEPT TONIGHT'S CONSENT AGENDA ITEM 3.2 THROUGH 3.24 NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSE THE MOTION CARRIES SEVEN ZERO COUNCILMEMBER CARTER ALL RIGHT SO 3.1 IS A RESOLUTION TO ACCEPT DONATIONS AND WE HAVE A SEVERAL TONIGHT WE HAVE A DONATION FROM NICHOLAS STETTNER IN MEMORY OF LAWRENCE STETTNER AND THEN ANOTHER ONE BY AMY WENDELL IN MEMORY OF EIGHT $1 AND THESE ARE BOTH FOR DONATIONS TO ONE GOLF COURSE SO VERY APPRECIATIVE OF THAT. AND THEN WE HAVE SEVERAL OR A HANDFUL HERE TO THE BLOOMINGTON POLICE DEPARTMENT MONETARY DONATIONS AND THEN SOME ALSO SOME DOG FOOD WHICH IS ALWAYS APPRECIATED AT THE ANIMAL SHELTER AND THEN SEVERAL TO PUBLIC HEALTH. SO FROM THE UNITED WAY BUNDLES OF LOVE AND ST DAVID'S CENTER FOR CHILD AND FAMILY DEVELOPMENT REALLY APPRECIATE THE DONATIONS FROM COMMUNITY AND COMMUNITY PARTNERS AND THEN WOULD ASK STAFF TO WRITE E REVANT THANK YOU'S AND WITH THAT I WILL MOVE TO APPROVE ITEM 3.1 SECOND MOTION BY COUNCILMEMBER CARTER SENT BY COUNCILMEMBER TO ACCEPT ITEM 3.1 THE RESOLUTION TO ACCEPT DONATIONS IS PART OF OUR CONSENT AGENDA. NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED MOTION CARRIES SEVEN ZERO THANKING COUNCILMEMBER CARTER WHICH LEADS US RIGHT INTO OUR HEARINGS, RESOLUTIONS AND ORDINANCES FOR THE EVENING ITEM FOREIGNER AGENDA AND 4.1 IS A PLIC HEARING AND THIS IS REGARDING THE APPROVAL OF OUR 2024 THROUGH 2033 CAPITAL IMPROVEMENT PLAN. OUR CHP AND LAURIE ECONOMY SCHOLER OUR CHIEF FINANCIAL OFFICER HERE IN THE CITY OF BLOOMINGTON IS GOING TO TEE THIS UP FOR US. GOOD EVENING. EVENING MAYOR AND COUNCIL AS MATT HAS THE SLIDES STARTED FOR ME THERE AS YOU MENTIONED THIS IS OUR CHP OUR CAPITAL IMPROVEMENT PLAN FOR 2024 THROUGH 2033. IT IS A TEN YEAR PLAN THIS TEN YEAR CAPITAL IMPROVEMENT PLAN WITH OUR MISSION. THANKS MATT TO CULTIVATE AN ENDURING AND REMARKABLE COMMUNITY WHERE PEOPLE WANT TO BE THIS PLAN ALIGNS WITH OUR AND WILL ENABLE THE CITY TO BUILD A CONNECTED WELCOMING COMMUNITY A HEALTHY COMMUNITY AND COMMUNITY WITH EQUITABLE ECONOMIC GROWTH . IS THERE A SPECIFIC DIRTION TO OKAY THERE ARE JUST A COUPLE OF AGENDA AREAS ARE PURPOSE TIMELINES THE CHP IS PURPOSE IS IT IS A PLANNING TOOL IT IS LONG RANGE PLANNING TOOL AGAIN IT'S TEN YEARS SO WE ARE LOOKING AT BOTH SHORT TERM WHAT WE THINK THE CITY WILL DO AND CAPABLE PROJECT ACTIVITIES AND IMPROVEMENTS AND SO NOW TO OKAY THANK YOU AGAIN SO IT'S A PLANNING AND IT IS IT'S NOT AN AUTHORIZATION TO MOVE FORWARD UNTIL THE COUNCIL HAS ALL THE FUNDING SOURCES SO RIGHT NOW IT INCLUDES A DETAILED DESCRIPTION OF PROJECTS THAT ARE 50,000 OR ABOVE ALL CAPITAL PROJECTS ARE LISTED IN THE INDIVIDUAL BUDGETS. BUT IF THEY'RE A PROJECT OFESS THA 50,000 IT DOESN'T APPEAR IN THIS DOCUMENT. AND THEN WE HAVE AN EXECUTIVE SUMMARY AT THE BEGINNING OF THE DOCUMENT IT'S A 300 PAGE DOCUMENT AND THEN THIS HIGHLIGHTS IN EACH OF THE CATEGORIES PROJECTS THAT ARE $1,000,000 OR ABOVE. AND THEN AS I MENTIONED EARLIER, IT DOES NOT GUARANTEE THE PROJECT MOVING FORWARD. ALL THE FUNDING SOURCES NORMALLY NEED TO BE BROUGHT THAT THE REVENUES ALL THAT THEY'RE COMING IN BEFORE THE EXPENDITURES ARE AUTHORIZED BY THEOUNCIL SO. WE WORK ON THAT AS A PURPOSE STATEMENT AND THEN THE PROCUREMENT IS THEN UNDER THE NORMAL PROCESS. SO UNDER OUR PROCUREMENT RULES UNDER $175,000 THAT'S APPROVED BY THE CITY MANAGER ANYTHING ABOVE WILL BE ON A COUNCIL AGENDA JUST LIKE THIS EVENING'S AGENDA THERE'S A PROJECT MOVING FORWARD . THE NORMAL PLANNING OCCURRED WITH THIS TIMELINE SPRING AND SUMMER OF 23. WE WORK THROUGH THE DOCUMENT AND DEFINE PROJECTS WE BROUGHT TO THE CITY THE DRAFT DOCUMENT IN OCTOBER THE PLANNING COMMISSION PROVIDED THEIR RESOLUTION THAT THE DOCUMENT IS IN COMPLIANCE WITH OUR COMPREHENSIVE ON NOVEMBER 16TH AND THIS AND TONIGHT IT'S THE FINAL DOCUMENT JUST BEFORE YOU FOR THE PUBLIC HEARING ACCEPTANCE THE DOCUMENT AND THEN THERE WAS SOME UPDATES SINCE OUR OCTOBER MEETING AND ONE OF THEM WAS AN ELECTION FOR A REFERENDUM OF A LOCAL OPTION SALES TAX AND SO WE CHANGED IN THE DOCUMENT FOR THE THREE PROJECTS FROM OTHER SOURCES TO LOCAL SALES TAX AND THEN THE BONDING THE STATE BONDING PIECE HAD NOT BEEN ADDITIVE AND WE ADDED THOSE IN TO THERE SO THOSE FOR THE BLOOMINGTON FORWARD PROJECTS THAT HAS BEEN UPDATED IN THIS REVISED DOCUMENT AND THEN THERE WAS SEVERAL PIECES THE PARKS WHERE THERE MIGHT HAVE BEEN SOME DUPLICATIONS OR WHERE WE HAD LOOKE AT SOME PIECES WHERE THE MIGHT BE FROM CHARTER BONDS OR PARK DEVELOPMENT FUNDS AND WE SOME OF THOSE AROUND DEPENDING ON THE SOURCES AND THE YEARS ON THE PARK PROJECTS AND BOTH ANN AND RENEE ARE HERE IF THERE'S QUESTIONS ON THAT FOR BONDING INFORMATION THIS IS WHAT WE LOOK TO AT LEAST START IN 20 AND 24 IS WE WOULD PROBABLY HAVE THE LATE SPRING BRYANT TREPP CHARTERONDS BOREHE CITY COUNCIL. WE WOULD ALSO HAVE PROBABLY TAX BONDS OCTOBER NOVEMBER TIMEFRAME THE CITY COUNCIL FOR THE BLOOMINGTON NICE GARDEN AND WE WOULD ALSO HAVE THE PERMANENT IMPROVEMENT BONDS IN THE FALL FOR THE PIER OBJECTS BEING PARKING PROJECTS. SO THOSE WERE TO BE THE THREE BOND SALES THAT I WOULD ANTICIPATE AND EARLY SPRING WE'LL PROBABLY HAVE A CONVERSATION ABOUT JUST WHERE THE DEBT SAT AND WHERE WE'RE THINKING WITH HOW THE CERP IS CURRENTLY BUILT AND HOW THAT LOOKS FOR THE COUNCIL. SO WITH APPROVAL OF THIS WE KIND OF TAKE THIS AS A GREEN LIGHT THAT WE CAN START AT LEAST THE DESIGN AND A LITTLE BIT OF THE WORK ON SOME OF THESE PROJECTS SO THAT AS WE'RE COMING UP TO THE YEAR THAT THEY'RE OCCURRING AND WE CAN BE MOVING AT A MUCH QUICKER PACE SO RIGHT NOW PROJECTS FOR 24 AND 25 ARE ON THE GREEN LIGHT AND WE'RE MOVING FORRD WITHHEM. SOME OF THE ONES IN 24 YOU KIND OF GREEN LIGHTED LAST YEAR LIKE THE BRYANT AND DRAPER PARKS SO THAT'S WHAT TO KEEP THE PROCUREMENT AND THE PROCESSING MOVING AND THAT CONCLUDES THE SIDES I HAVE FOR YOU SO I HAVE IF YOU HAVE ANY QUESTIONS PLEASE LET KNOW OR IT'S UP TO THE PUBLIC HEARING TIME. THANK YOU. SO WE WENT THROUGH THIS AN EXTENSIVE PRESENTATION AND DISCUSSION ON THIS BACK IN OCTOBER AS AND AS ECONOMY. SCHALLER SAID. BUT ARE THERE ANY ADDITIONAL QUESTIONS THAT HAVE COME UP SINCE THEN AS WE HEAD T APPROVAL PROCESS OR THE PUBLIC HEARING THIS EVENING? RIGHT. I DON'T SEE ANY VERY GOOD. THANK YOU VERY MUCH. DON'T GO FAR IN CASE THERE ARE QUESTIONS COME UP AND WITH THAT THIS IS PUBLIC HEARING AND I WILL OPEN THE PUBLIC HEARING ON THAT IN 4.1. THIS IS PUBLIC HEARING REGARDING THE 2024 THROUGH 2023 CAPITAL IMPROVEMENT PLAN APPROVAL TO ANYONE IN THE COUNCIL CHAMBERS WISHING TO SPEAK TO ITEM 4.1 THIS EVENING . MR. BRILEY DOES ANYONE ON THE PHONE WISHING TO SPEAK DAN MR. MAYOR I DO SEE ONE PHONE NUMBER ON THE ROLL HERE BUT GIVEN THAT WE HAVE FIVE PUBLIC HEARINGS AND A PUBLIC COMMENT OPPORTUNITY, WE'LL FIND OUT WHAT ITEM THEY'RE WISHING TO SPEAK ON THE CALLER WITH THE PHONE NUMBER BEGINNING WITH 952232 YOU'RE LOOKING TO SPEAK ON ITEM 4.1. I AM ON ITEM 4.3. THANK YOU VERY MUCH. VERY GOOD LAST CALL FOR ANYBODYHE COUNCIL CHAMBERS COUNCIL, NO ONE COMING FORWARD NO ONE IN THE ON THE PHONE TO SPEAK TO 4.10 WITH THAT I'D LOOK FOR A MOTION TO CLOSE THE PUBLIC HEARING ON THAT IN 4.1 SOME GOOD MOTION BY COUNCILMEMBER MARTIN BY COUNCILMEMBER DALLESSANDRO TO CLOSE THE PUBLIC HEARING ON ITEM 4.1 NO FURTHER COUNCIL DISCUSSION ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED THE MOTION CARRIES SEVEN ZERO CLOSING THE PUBLIC HEARING COUNCIL ANY QUESTIONS OR ANY COMMENTS REGARDING THIS CAPITAL IMPROVEMENT PLAN? AS I SAID WE HAD A PRETTY LENGTHY DISCUSSION OCTOBER REITERATING ONCE AGAIN THAT IT IS INDEED A AND THE PLAN ONLY MOVES FORWARD WHEN WE'RE ABSOLUTELY READY TO MOVE FORWARD IN TERMS OF TIMING, IN TERMS OF PROJECT AVAILABILITY AND MOST IMPORTANTLY IN TERMS OF THE MONEY TO DO THE PROJECTS. AND SO IT'S A IT IS A PLAN NOTHING THERE IS SET IN STONE BUT IT KIND OF GUIDES US AND, PROVIDES US FROM PROVIDES US SOME GOOD FOUNDATIONAL SUPPORT WHEN WE'RE LOOKING TO APPLY FOR GRANT AND THE FOUNDATIONAL FORHISIND OF THIN FINAIAL INFORMATION. SO COUNCILMEMBER DALLESSANDRO THANK YOU MR. MAYOR. PROBABLY A QUESTION FOR YOU. MS. ECONOMY SHULER THE MEAN ARE THERE THERE CHARTER BONDS THAT I DON'T KNOW WHAT THE RIGHT WORD IS IT'S NOT EXPIRING THEY'RE COMING DUE OR ARE WE PAYING THEM OFF? I GUESS LIKE IS THERE IS THERE A NET ADDITION IN TERMS OF THE BONDS THAT WE MIGHT CHOOSE TO THROW OUT HERE? I THINK THE 210 MILLION OR WHATEVER IT WAS OR DO WE HAVE SOME COMING THAT ARE THAT ARE YOU KW, TT WE'RE PING OFF THAT WOULD LIKE DOES THIS ROLL IN TERMS OF OUR OVERALL DEBT I GUESS IS WHAT I'M SAYING I'M SORRY. THAT'S A CONVOLUTED QUESTION. I'M CURIOUS. THANKS. SINCE THERE ARE COUNCILMEMBER ALESSANDRA HAVE A MATURITIES AND OUTSTANDING DEBT THE ONLY AREA THAT CURRENTLY HAS WHERE IS COMING ON AND ONE IS COMING ON IS OUR PEER BONDS. SO BECAUSE WE'VE HAD THIS PROGRAM SINCE THE NINETIES AND THEY'RE ALL TEN YEAR BONDS SO AFTE TEN YEA 1H YEAR O FAS OFF AND WE HAVE ANOTHER ONE COMING ON. SO THERE'S ALWAYS A NET IN THAT CATEGORY ON. THE CHARTER BONDS WE'VE ONLY ISSUED A COUPLE OF ISSUES THEY'RE NOT TEN YEARS OLD YET SO BUT THERE ARE SOME MATURITIES AND PRINCIPAL PAYMENTS DOWN EVERY YEAR ON THAT COUNCIL. ANY ADDITIONAL QUESTIONS? IF THERE ARE NO QUESTIONS COUNCIL, I WOULD LOOK FOR ACTION THEN 4.1 COUNCILMEMBER MARTIN I'M HERE I'M HAPPY TO MAKE THE MOTION COUNCILMEMBER AND I WILL MOVE THAT WE ADOPT A RESOLUTION APPROVING THE CITY'S CAPITAL IROVEME PLAN FORHE YEARS 24 333 SECOND MOTION MY COUNCILMEMBER MARTIN SECOND BY COUNCILMEMBER LOWMAN TO APPROVE THE CITY'S CAPITAL IMPROVEMENT FOR THE YEARS 2024 THROUGH 2033. NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED MOTION CARRIES SEVEN ZERO THANK YOU VERY MUCH. THANK YOU MR. ECONOMY SHOULDER AND EVERYBODY WHO WORKED ON THAT CAPITAL IMPROVEMENT PLAN MOVING ON THAT AND 4.2 A SECOND PUBLIC HEARING OF THE EVENING THIS IS REGARDING A CHANGE IN CONDITION WITH OUR FRIENDS AT NORTHERN ELITE LSTARSND M CENTENARIO WAS HE THIS EVENING. GOOD EVENING AND WELCOME THANK YOU MAYOR COUNCILMEMBERS I HAVE A VERY PRESENTATION FOR YOU TONIGHT AND SO THIS THIS PUBLIC HEARING FOR YOU IS TO IT'S A HIGHLY TECHNICAL MATTER SPECIFICALLY A CHANGE OF CONDITION APPROVAL. THE NORTHERN ELITE RECEIVED APPROVAL TO OPERATE THEIR FACILITY BACK IN 2016 AND THEY'RE DOING VERY WELL AND THEY WANT TO EXPAND IT SO 12 MONTHS NINE YEARS IS VERY CLOSE TO WHERE WE'RE AT TONIGHT AND IT'S BEEN A POPULAR CHOICE FOR ATHLETIC TRAINING FACILITIES VERY CONVENIENT LOCATION. I'M ASSUMING THAT THE ENTIRE SPACE WORKS VERY WELL FOR THIS TYPE OF USE AND ARE SEVERAL THESE ATHLETIC TRAINING FACILITIES WITHIN WITHIN THE BUILDING SO WHAT'S ON SCREEN IS THE FLOOR PLAN AND TS IS WHAT THEPPLICANT LIKE TO DO THEY WANT TO EXPAND ABOUT 6200 SQUARE FEET INTO A TENANT IMMEDIATELY NEXT TO WHERE THEY OPERATE TODAY. SO ROUGHLY 50% EXPANSION THE TWO IF YOU KNOW YOU'RE DIVIDED INTO THREE THREE SPACES THE RIGHT TO ARE WHERE THEY ARE OPERATING TODAY THE YELLOW AREA IS WHERE THEY WANT TO EXPAND AND SO STAFF IS WE'RE VERY SUPPORTIVE OF THIS. WE DON'T SEE ANY CONCERNS WITH EXPANSION BUT WE DO NEED TO ENSURE THAT WE'RE FOLLOWING ALL THE APPROPRIATE PROCESSES WE'RE AT THIS AND SO PLEASE THANK YOU. THERE'S AN EXISTING CONDITIONAL FROM 2016 AND THAT IS THE THIS USE OR THIS BUSINESS HAS TO OPERATE IN TO THE FLOOR PLAN THAT WAS APPROVED IN 2016. WELL THIS IS THE FLOOR PLAN THAT WAS APPROVED IN 2016 WHERE WE HAD MORE CONCERNS HOW THE OVERALL SITE WOULD FUNCTION AND OPERATE WITH SEVERAL OF THESE ATHLETIC TRAINING FACILITIES AND WHILE IT CAN GET BUSY SOMETIMES, WE HAVEN'T OBSERVED OR HEARD OF ANY SIGNIFICANT PROBLEMS. AND SO THERE WAS A PARKING STUDY THATAS DONE YEARS YEARS AGO AND IT SEEMS TO HAVE OUT IT WORKING OUT REALLY WELL SO HAVE YOU IN ADVANCING THAT NOW THANK YOU AND SO IT'S VERY WHAT WE'RE PROPOSING FOR TONIGHT IS VERY SIMPLE. WE'RE JUST ASKING YOU TO APPROVE A CHANGE THAT ALLOWS THE PLANNING MANAGER TO ACCEPT MODIFICATIONS TO THE PLAN ESSENTIALLY ALLOWING FOR THE EXPANSION MOVE FORWARD ONE MORE MINUTE THAT ARE WE DO HAVE A RECOMMENDATION FOR YOU THERE THANK YOU MR. CENTENARIO COUNSEL ANY QUESTIONS OF MR. CENTENARIO THIS EVENING ON THIS ONE PRETTY STRAIGHTFORWARD THINK ALL RIGHT NO QUESTIONS. WITH THAT I WILL OPEN THIS PUBLIC HEARING ON 4.2 REGARDING THE CHANGE OF CONDITION FOR THE NORTHERN ELITE ALL STARS ANYONE IN THE COUNCIL CHAMBERS WISHING TO SPEAK TO IN 4.2 THIS EVENING I DON'T SEE ANYONE MR. BUTLER ANYONE ON THE PHONE, MR. MAYOR NO ONE KNEW. NO ONE KNEW A THANK YOU LAST CALL FOR ANYBODY THE COUNCIL CHAMBERS REGARDING 4.2 COUNSEL NO ONE IN THE CHAMBER IS COMING FORWARD. NO ONE ON THE PHONE WISHING TO SPEAK DOWN IN 4.2 I LOOK FOR A MOTION TO CLOSE THE PUBLIC HEARING ON 4.2 SUMMIT MOTION MY COUNCILMEMBER CARTER SECOND MY COUNTRYMEN MAYOR DALLESSANDRO TO CLOSE THE BLICEARING ON ITEM 4.2 NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR OF PLEASE SIGNIFY BY SAYING OPPOSED THE MOTION CARRIES SEVEN ZERO COUNCIL ANY QUESTIONS ON THIS COUNCILMEMBER DALLESSANDRO JUST A QUICK ONE WITH THE CHANGE THAT MAKING HERE DOES THE THE DO DOES THIS GO BASICALLY ON AGENDA FOR US TO APPROVE AT SOME POINT OR IS IT LIKE LITERALLY WE DON'T EVEN HEAR ABOUT IT ANYMORE? OKAY IT'S MAYOR COUNCIL MEMBERS THIS WOULD LIKELY BE THE LAST YOU'D SEE OF THIS PARTICULAR APPLICATION. THE ARE HAS A BUILDING PERMIT ON STANDBY WAITING FOR YOUR REACTIONND THENOU PBABLY SEEOME SOME MINOR CONSTRUCTION TRAFFIC ON SITE VERY GOOD AND I WILL SAY THIS IS AND I'M GLAD TO SEE THIS DRIVE PAST THAT BUILDING OFTEN AND IT IS ALWAYS FULL ALWAYS FULL. SO VERY WELL DONE IN TERMS OF FINDING THE CORRECT USE THERE AND MAKING IT WORTHWHILE AND USEFUL FOR A LOT OF DIFFERENT FOLKS. COUNCILMEMBER THANK YOU MAYOR I DID HAVE ONE QUESTION IS THERE ANY IDEA OF HOW LONG THIS EXPANSION IS GOING TO SUPPORT THE THE THE BUSINESS I'M JUST WONDERING IF IT'S GOING TO COME BACK TO US AGA IN LIKE A YR TWO AND THEN WE'D HAVE TO GO THROUGH THIS AGAIN JUST THINKING LONG TERM IF WE HAVE TO IF THIS IS GOING TO FIT INTO THE FUTURE OR IS IT GOING TO COME BACK LATER? THE MAYOR COUNCIL MEMBER THAT'S A GREAT QUESTION. THE APPLICANT IS HERE. THEY'RE PROBABLY BETTER ANSWERED THAN I COULD BUT IN TERMS OF A PROCESS YOU KNOW, IF THEY WANT TO KEEP EXPANDING WHAT WE'RE PROBABLY GOING DO IS CONSIDER A NEW CONDITIONAL USE PERMIT AND THAT WOULD GO BEFORE THAT THERE WOULD BE A PUBLIC HEARING AT THE PLANNING COMMISSION AND WE COULD CONSIDER THAT EXPANSION RELATES TO TRAFFIC AND PARKING NEEDS. SOME OF THE OTHER CONCERNS THAT WE MIGHT HAV WITH SIGNIFICT EXPANSION GOOD GOOD WITH THAT COUNCILMEMBER AND JUST JUST THE BASIC QUESTION IS HOW LONG BEFORE YOUR CONTINUED SUCCESS LEADS TO YOU OUTGROWING THE FACILITY? WELL, WE'VE BEEN FOR SORRY IF YOU COULD JUST IDENTIFY YOURSELF. I'M SORRY. I'M CATHERINE MOUA. I'M THE OWNER OF NORTHERN ELITE. WELCOME. THANK YOU. AND WE HAVE BEEN IN THE FACILITY SPACE FOR ABOUT SEVEN YEARS AND WE ARE AT THAT POINT WHERE WE EXPANDED INTO THIS SPACEROM ORIGINALLY AND IT TOOK ABOUT SEVEN YEARS FOR US TO NOW KIND OF OUTGROW OR WANT TO CONTINUE TO GROW WHERE AT. SO I WOULD LOVE TO SAY I'LL SEE YOU IN A YEAR. I DOUBT THAT WILL HAPPEN THOUGH BUT WE WILL UTILIZE SPACE EFFICIENTLY SO WE CAN USE EVERY CORNER TO MAKE SURE IT'S, YOU KNOW, SUCCESSFUL WITH THE SPACE THAT WE'VE BEEN GIVEN SO THAT ANSWER I THANK YOU MUCH COUNSEL ADDITIOL ESTIONS IF NOT I WOULD LOOK FOR ACTION ITEM 4.2 THE CHANGE OF CONDITION FOR NORTHERN ELITE ALL STARS HAPPY TO MAKE THE MOTION MR. MAYOR. COUNCILMEMBER DALLESSANDRO, I WILL MOVE TO ADOPT A RESOLUTION APPROVING A CHANGE OF CONDITION TO ALLOW EXPANSION OF AN EXISTING SPORTS TRAINING FACILITY AT 2000 WEST 98TH STREET SECOND MOTION BY COUNCILMEMBER DALLESSANDRO SECOND BY COUNCILMEMBER CARTER TO APPROVE A CHANGE OF CONDITION ALLOW ALLOWING THE EXPANSION OF AN EXISTING SPORTS TRAINING FACILITY AT 2000 WEST 98TH STREET. NO FTHER COUNCILISCUSSION THI ALL IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED THE MOTION CARRIES ZERO AND THEN 4.3 AND OUR AGENDA IS OUR THIRD PUBLIC HEARING OF THE EVENING THIS IS REGARDING A BUILDING EXPANSION THIS IS OUR BEAT THE BEEP AT 9200 OLD CEDAR AVENUE AND BELIEVE THERE'S A DAY FROM OUR PLANNING STAFF IS HERE GOOD EVENING GOOD EVENING MAYOR AND COUNCIL ALL RIGHT. YEAH THANK YOU . ALL RIGHT. THANK YOU, MAYOR AND COUNCIL ITEM 4.3 ON YOUR AGENDA THIS EVENING IS FOR A REZONING TO APPLY THE PLAN DEVELOPMENT OVERLAY DISTRICT AND TO CONVERT AND DEVELOPMENT PLANS TO CONVERT THE EXISTING CARWASH INTO A RETAIL AND THEN EXPAND INTO A NEWARWASH SPACE AND PARKING LOT IMPROVEMENTS LOCATED AT THE BP AT 9200 OLD CEDAR AVENUE SOUTH . OH SO I'M SURE YOU'RE ALL FAMILIAR WITH THIS INTERSECTION THAT'S VERY PROMINENT INTERSECTION IN BLOOMINGTON AT OLD CEDAR AND I'LL CHALK UP SURROUNDING LAND USES INCLUDE SINGLE FAMILY TO THE EAST APARTMENT BUILDING TO THE SOUTH COMMERCIAL SHOPPING CENTER TO THE WEST AND KIND OF OTHER RELATED USES TO THE NORTH SO THE APPLICANT ISN'T TO CHANGE OOPS HOLD ON BACK UP. SO THIS IS AN IMAGE LOOKING AT LOOKING THE EXISTING GAS STATION HAS A BRICK EXTERIOR AND. THEY AREN'T PLANNING TO CHANGE THE EXISTING CANOPY OR TOUCH THE EXISTING BUILDING. MAINLY WHAT THEY'RE DOING IS AN EXPANSION IN AS WELL AS SOME PARKING LOT IMPROVEMENTS SO THE ZONING B TWO ISN'T PROPOSED TO BE CHANGED THEY GOING TO A PLAN GOING TO THE PLAN DEVELOPMENT OVERLAY TO ASK FOR SOME DEVELOPMENT FLEXIBILITY. SO THIS IS THE SITE PLAN THE AREA EXPANDED AREA AS OUTLINED OUTLINED IN RED THIS WOULD HOLD THE NEW CARWASH MECHANICAL ROOM AND TRASH ROOM WHEN THERE IS AN EXPANSION THAT EXCEEDS 25% OR MORE OF THE FLOOR AREA YOU HAVE COME INTO CONFORMANCE WITH THE NUMBER OF SITE CHARACTERISTICS AND THOSE CHARACTER CHARACTERISTICS INCLUDE PARKING LIGHTING LANDSCAPING AND OTHER ITEMS. SO THEY ARE REQUIRED TO COME INTO CONFORMANCE WITH THE MULTIPLE OF DIFFERENT THINGS HERE TODAY AND THAS W THEY'RE COMING WITH THE PLAN DEVELOPMENT OVERLAY AND ULTIMATELY THE EXPANSION IS 35, 35, 1300 SQUARE FEET. SO THIS IS THE SITE PLAN AGAIN AND THEN WHAT THEY'RE SHOWING IS SOME DEVIATION REQUESTS RELATED TO PARKING LOT ISLANDS THAT IS A CONFORMANCE TRIGGER THAT THEY HAVE TO COME INTO CONFORMANCE WITH AND PARKING LOT ISLANDS ARE REQUIRED AT THE ENDS OF EACH PARKING ROW AND THEY HAVE TO BE EIGHT FEET WIDE AND SO WHAT THEY'RE PROPOSING IS I MOVE THIS REAL QUICK SO THEY HAVE TO INSTALL REQUIRES THE SIX PARKING ISLANDS CIRCLED IN RED AND WHAT THEY'RE PROPOSING TO INSTALL ARE THE ONES SHOWN BLUE AND STAFF IS ULTIMATELY IN FAVOR OF DEVELOPMENT FLEXIBILITY REQUEST DUE TO AN INVESTMENT INTO A COMMERCIAL NODE AS WELL AS COMING INTO CONFORMANCE WITH LIGHTING AND LANDSCAPING AS WELL AS BURYING OF A ABOVEGROUND PROPANE TANK TANK AND THIS ISN'T A DEVELOPMENT FLEXIBILITY IT'S JUST A MINOR REVISION BUT ULTIMATELY THEY'RE SHOWING AN EIGHT FOOT WIDE SIDEWALK SOUTH OF THE DRIVEWAY BUT THEY'RE NOT SHOWING IT CONTINUING NORTH. SO A MINOR TWEAK THAT THEY HAVE TO SHOW BEFORE THE PERMIT AND THEN ANOTHER DEVELOPMENT FLEXIBILITY THAT THEY'RE ASKING FOR IS RELATED TO FOUNDATION. WHAT THE CODE REQUIRES IS 50% OF FOUNDATION, 50% OF THE FACADE ALONG THE STREET HAS TO HAVE FOUNDATION PLANTINGS AND SO ON MY SCREEN YOU CAN SEE THE AREAS THAT ARE REQUIRED FOR FOUNDATION PLANTINGS AND RED AND THEY ARE THEY ARE NOT SHOWING ANY FOUNDATION PLANTING SO THEY ARE ASKING FOR THAT DEVELOPMENT FLEXIBILITY AND STAFF IS SUPPORTIVE BECAUSE THEY'RE ADDING A NUMBER OF NEW TREES ON THE SITE AND IT IS A FAIRLY TIGHT SITE SO FOUNDATION PLANTINGS MAY IMPACT SIDEWALKS AND DRIVE DRIVE LINES AND THIS IS THE FLOOR PLAN HIGHLIGHTED BLUE IS THE EXISTING CAR WASH AND THEN BASICALLY THEY'RE SHIFTING IT TO THE YELLOW SPACE THAT IS THE CAR WASH WHERE THE ENTRANCE IS ON THE SOUTH AND THEN EXIT IS ON THE NORTH OF THE SITE SO WITH CAR WASH USES NOISE IS A HUGE FACTOR IN OUR DEVELOPMENT APPLICATION. SO THEY DID HIRE ISI ENGINEERING TO DO A NOISE STUDY AND THE CAR WASH HOURS OF OPERATION ARE FROM 7 TO 10 SO WE ARE NOT USING THE NIGHTTIME NOISE LIMITS WHICH ARE MORE STRINGENT. SO JUST THE DAYTIME NOISE LEVELS APPLY AND SO THEY'RE THE NOISE STUDY RECOMMENDATION AND ULTIMATELY SAID THAT WITH BOTH DOORS CLOSED THAT IT DOES MEET THE CODE REQUIREMENTS IF ONE OF THE DOORS ARE OPEN IT DOES EXCEED THE NOISE LEVELS. SO STAFF IS RECOMMENDING THAT THE DOORS BE TO COMPLY WITH THE NOISE AND SO STAFF IS RECOMMENDING PLANNING COMMISSION ALSO RECOMMENDED APPROVAL. ADAM PETERSEN THE PERSON THAT PREVIOUSLY SPOKE IS ON THE WEBEX FOR ANY QUESTIONS. THANK YOU COUNSEL. ANY QUESTIONS OF MR. DE HERE REGARDING ITEM 4.3 THE EXPANSION OF THE BP AT 9200 OLD CEDAR AVENUE COUNCILMEMBER DALLESSANDRO THANK YOU MR. MAYOR. WAS THERE ANY DISCUSSION AT AT AT PLANNING COMMISSION OR WITHIN STAFF ABOUT THE I DON'T WANT TO SAY COMPLIANCE WITH OR THE THE THIS AS A AS A USE COMPARED TO WHAT WE WERE TRYING TO DO AT THAT INTERSECTION FROM A YOU KNOW, A DEVELOPMENT NODE PERSPECTIVE . I JUST KIND OF CURIOUS IF IF THE THE USE CASE HERE NOT THAT NOT THAT WE CAN DO ANYTHING NECESSARILY ABOUT IT BUT I KNOW THAT WE'VE BEEN TALKING ABOUT THAT PARTICULAR AREA AS A AS AN OPPORTUNITY ZONE FOR US FROM A BOTH A COMMUNITY DEVELOPMENT PERSPECTIVE. WELL, AS A YOU KNOW, A I DON'T KNOW IF THE PORT WAS LOOKING AT IT BUT AN ECONOMIC DEVELOPMENT AREA SOME KIND OF CURIOUS IF THAT DISCUSSION HAPPENED AND IF SO WHAT WHAT WERE THE THE DISCUSSION ITEMS RELATED TO HOW THAT COMPLIES DOESN'T COMPLY WITH WHAT PEOPLE WERE THINKING ABOUT MIGHT BE THERE FOR FOR EXAMPLE, I THINK WE EVEN HAD AN INTERSECTION STUDY GOING ON THERE. RIGHT? SO THE POTENTIAL FOR A ROUNDABOUT OR WHATEVER THAT WAS GOING, HOW DOES THAT ALL FIT TOGETHER? IF YOU COULD HELP OUT WOULD THAT BE GREAT? I'LL TRY TO TACKLE IT AND THEN IF SOMEONE FROM THE PORT OR MIKE CENTENARIO HELP OUT, WE'RE MORE FAMILIAR WITH THAT COMMERCIAL NODE STUDY SO STAFF DIDN'T HAVE KIND OF ANY PARTICULAR AROUND THE COMMERCIAL NODE. I WILL SAY IT TO THE POINT OF THE REDESIGN OF THE INTERSECTION WHEN THE ROUNDABOUT ROUNDABOUT STUDY I THINK THAT'S PRETTY FAR IN THE FUTURE. SO IN TERMS OF LIKE THAT SIDEWALK THAT WE'RE REQUIRING THEM TO EXPAND THAT COULD ULTIMATELY SEVERAL YEARS DOWN THE LINE BUT WE THOUGHT THE TIME IS NOW MAKE THEM EXPAND THAT SIDEWALK NOW WHAT WE HAVE IN FRONT OF USS FAR A THE COMMERCI NOD ASPECT I AM NOTS FILIA WITH TT PROJT AND IT DIDN'T CE UP INNY KD OF OU DISSSIONS AND SEER. CENTERIO LURKIN COMING FORWA AS MAYO JUS TO ADDRESS THE QUESTION ABO PLANNING COMMISSIONPECICALLY THE USE AS WHOLEN THIS LOCATION WAS NOT A DISCUION POINT NAMELY IT'S AN EXISTING USE AND THE EXPANSION IS SIGNIFICANT IN THE SENSE OF LIKE AN ESTHETIC IMPROVEMENT BUT IT'S NOT A MAJOR CHANGE TO THE USE OF THE CHARACTERISTICS THE USE. SO IT WASN'T SOMETHING THAT WE DISCUSSED COUNCILMEMBER MOMENT THANK YOU MAYOR SO THEN KNOW JUST KIND OF AT THIS IN TERMS OF THE NOISE COMPONENT OF WHAT THE DOORS CLOSED AND I KNOW WE'VE HAD CONVERSATIONS ABOUT OTHER SITUATIONS ACROSS THE CITY AND I UNDERSTAND THERE HASN'T BEEN A HISTORY OF NOISE BUT I'M JUST MORE CURIOUS WHEN I ASK THIS QUESTION YOU KNOW IF THEY AREN'T ABLE TO GET THE DOOR CLOSED AND THERE ARE NOISE COMPLAINTS, WHAT'S THE WHAT CAN BE DONE TO TRY TO YOU KNOW, IS THERE ANY WAY TO FIX THAT THAT ISSUE IF THERE'S A PROBLEM THERE WITH THAT AND HAVE WE HAD IT DO THAT IN ANY OTHER PLACE IN THE CITY, YOU KNOW, GIVEN THAT YOU KNOW WHERE THIS IS LOCATED AT AND I MEAN THEY'VE HAD A CAR WASH THERE FOR A WHILE SO IT'S MORE JUST A CURIOSITY QUESTION SINCE WHAT WERE THOSE CONCERNS WITH THE WITH THE NOISE WITH THE DOORS BEING CLOSED? SURE. SO MAYOR AND COUNCILMEMBER LOWMAN, WE DO HAVE A CONDITION ON THE APPLICATION THAT THEY HAVE TO COMPLY WITH NOISE AT ALL TIMES. AND SO THAT IS A STATE REQUIREMENT THAT'S WHERE THEY HAVE THE RULES ARE THE UM THE STATE HAS THE NOISE REGULATIONS AND IF THERE IS A COMPLAINT THAT OUR ENVIRONMENTAL HEALTH DEPARTMENT COME OUT AND DO AN INSPECTION AND THEN WE WOULD TAKE ACTION FROM THERE AS FAR AS OTHER SITES I KNOW THE CAR WASH IS JUST UNDER CONSTRUCTION NOW AND I'M NOT AWARE OF ANY OTHER KIND OF COMPLAINTS FROM OTHER CAR WASHES IN THE CITY. EXCELLENT. SO THERE'S A PROCESS IN PLACE THAT WOULD BE ABLE TO RECTIFY THOSE SITUATIONS IF THEY OCCUR AND OF COURSE OBVIOUSLY HAD ONE THERE FOR A WHILE. SO YOU KNOW, WE WOULD HAVE SEEN SOMETHING BUT JUST MORE OF A CURIOSITY FOR THOSE NEIGHBORS THAT ARE THERE. THANK YOU. AND I WILL SAY COUNCILMEMBER LOWMAN, I THINK I'M SURE WE'VE ALL BEEN IN MORE THAN ONE CAR WASH WHERE IT DOESN'T EVEN FIRE UP UNTIL THE DOOR BEHIND YOU CLOSES. AND SO IT'S IT'S A IT'S A GOOD COMPROMISE I THINK TO MAINTAIN A LITTLE BIT OF PEACE AND QUIET OR MANAGE THE NOISE A LITTLE BIT BETTER WITH WITH THE AUTOMATION NOT EVEN BEGINNING UNTIL THAT DOOR IS CLOSED. SO YEAH I'D BE SHOCKED IF EVER WAS AN ISSUE BUT I WOULD JUST MORE CURIOUS COUNSEL ANY ADDITIONAL QUESTIONS? COUNCILMEMBER NELSON YEAH, THANKS. JUST TWO QUICK QUESTIONS. ONE WITH THE CAR WASH BEING WERE THERE WILL THERE BE ANY ENHANCEMENTS IN TERMS OF WATER RECLAMATION, WATER USE OR OTHER ENVIRONMENTAL FACTORS ON THIS AND COUNCIL THAT I AM NOT AWARE OF ANYTHING BUT THAT MIGHT BE A BETTER QUESTION FOR THE APPLICANT BOTH ON THE WEBEX. OKAY. AND THE SECOND QUESTION THIS IS A PD AND THE REASON WE HAD TO GO WITH THAT IS BECAUSE OF THE DEVIATIONS OF THE REQUEST IN OC SO THEY WON'T BE ABLE TO MEET THE PARKING ISLANDS OR MODIFY THEIR GETTING BETTER BUT THEY'RE NOT QUITE THERE AND THE PUBLIC SIDEWALK WILL BE CLOSED BUT NOT COMPLETELY MEETING THE REQUIREMENT SORT OF MAYOR AND COUNCIL. SO THE TWO DEVIATIONS THAT THEY'RE FORMALLY REQUESTING ARE FOR THE FOUNDATION PLANTINGS ALONG THE BUILDING AND THEN THE PARKING ISLANDS AND THEN THE RELATED THE SIDEWALK. SO THAT'S SOMETHING THAT THEY CAN FIX. THEY'RE NOT ASKING A PARTICULAR DEVIATION THAT'S JUST A REVISION THAT WE NEED TO SEE BEFORE THE BUILDING PERMIT. THANK YOU. YEP. AND COUNCILMEMBER NELSON, DO WE WANT TO GET TO THE APPLICANT TO ANSWER THE QUESTIONS? NO MORE CURIOSITY. NO, I DON'T BELIEVE WE DO IT. OKAY. SO OKAY GOOD TO KNOW. THANKS. ALSO ANYTHING ELSE HEARING NONE I WILL OPEN PUBLIC HEARING. THANK YOU. AND SO THEY DON'T GO FAR. WE WILL OPEN THE PUBLIC HEARING THEN IN 4.3 REGARDING THE BUILDING EXPANSION AT 9200 OLD CEDAR AVENUE AND THIS IS FOR THE PRELIMINARY AND DEVELOPMENT PLANS ANYONE IN THE COUNCIL CHAMBERS WISHING TO SPEAK TO ITEM 4.3 THIS EVENING NO ONE COMING FORWARD MR. SABLE OR ANYONE ON THE PHONE. THANK MARY CUSTOMERS NO ONE ON THE LINE I BELIEVE WE DIDN'T WE SAID WE HAD SOMEBODY AT 4.30 NEXT ITEM I'M SORRY 4.4 MY APOLOGIES 4.4 LAST CALL FOR ANYBODY IN THE CHAIR IN THE CHAMBERS COUNSEL NO ONE COMING FORWARD NO ONE ON THE PHONE. I LOOK FOR A MOTION TO CLOSE THE PUBLIC HEARING ON ITEM 4.3. SO SECOND ORDER THE SECOND THE MARTINS THERE'S A MOTION. COUNCILMEMBER MARTIN SECONDLY COUNCILMEMBER LOWMAN TO CLOSE THE PUBLIC HEARING ON AN A 4.3 NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR OF PLEASE SIGNIFY BY SAYING I I OPPOSED MOTION CARRIES SIX ZERO WITH COUNCILMEMBER HAVING STEPPED AWAY FOR JUST A MOMENT HERE COUNSEL ANY ANY QUESTIONS OR ANYTHING WE NEED TO RESOLVE OR STRAIGHTEN OUT BEFORE WE ACTION ON THAT IN 4.3 IF NOT I WILL LOOK FOR A MOTION COUNCILMEMBER MARTIN I THANK YOU I WILL MOVE THAT WE ADOPT AN ORDINANCE AMENDING THE ZONING MAP BY REZONING 9200 OLD CEDAR AVENUE SOUTH B TO GENERAL COMMERCIAL TO B TO PD GENERAL COMMERCIAL PLAN DEVELOPMENT SECOND MOTION BY COUNCILMEMBER MARTIN SECOND VOTE COUNCILMEMBER LOWMAN TO ADOPT THE ORDINANCE AMENDING THE ZONING MAP BY REZONING 9200 OLD CEDAR AVENUE SOUTH NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I OPPOSE THE MOTION CARRIES SIX ZERO COUNCILMEMBER MARTIN MEYER I WILL MOVE THAT WE APPROVE PRELIMINARY AND FINAL DEVELOPMENT PLANS TO CONVERT THE EXISTING CAR WASH TO RETAIL SPACE BUILD A NEW CAR WASH AND PARKING LOT IMPROVEMENTS AT 9200 OLD CEDAR AVENUE SUBJECT TO THE CONDITIONS AND CODE REQUIREMENTS ATTACHED TO THE STAFF REPORT MOTION BY COUNCILMEMBER MARTIN SECOND BY COUNCILMEMBER DALLESSANDRO TO THE PRELIMINARY AND FINAL DEVELOPMENT PLANS AT FOUR 9200 OLD CEDAR AVENUE NO FURTHER COUNCIL DISCUSSION ON ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I OPPOSE THE MOTION SIX ZERO THANK YOU VERY MUCH AND MOVE ON TO 4.4 AND AS IT IS STILL WITH US FOR THIS ONE THIS IS THERE ARE A FOURTH PUBLIC HEARING OF THE EVENING AND THIS IS REGARDING THE REZONING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR 700 AMERICAN BOULEVARD WEST DE ARTS. THANK YOU . ALL RIGHT. ITEM 4.4 THIS IS A DEVELOPMENT FOR A CURRENTLY VACANT PARCEL AT 700 AMERICAN BOULEVARD WEST WHICH ENTAILS A REZONING TO ALM 100 AND PRELIMINARY AND FINAL DEVELOPMENT FOR A FIVE STORY 128 SENIOR APARTMENT BUILDING WITH 1500 SQUARE FEET OF COMMERCIAL SPACE SO THIS IS THE NORTHWEST CORNER OF LYNDALE AND AMERICAN BOULEVARD GOODWILL AND LUTHER ACURA OUR CROSS LYNDALE AVENUE AREA IS TO THE NORTH AND THE RYE BOWER HOCKEY SITE SHARES ACCESS WITH THE SUBJECT SITE AND THEN TOP LINE CREDIT UNION IS TO THE WEST. SO THIS IS AN IMAGE FROM FROM 2003 WHICH YOU CAN SEE THE SITE WAS PREVIOUSLY AS AN AUTOMOTIVE AND INDUSTRIAL USE AND THEN THE CITY ACQUIRED BOTH THE 907 HUNDRED AMERICAN BOULEVARD PROPERTIES AS PART OF THE EXPANSION FOR LYNDALE AND AMERICAN. AND THEN THE SITE HAS HAD MULTIPLE ROUNDS OF RFP IS THE FIRST WAS FOR ROUND TWO FOR A MEDICAL OFFICE DEVELOPMENT AND THEN FOR HY-VEE FOR A HEALTH MARKET CONCEPT BOTH CONCEPTS ULTIMATELY COME TO FRUITION AND THEN BEFORE YOU THIS EVENING LAST YEAR SHEPPARD RICHARDSON WAS CHOSEN AS THE DEVELOPER FOR THE EXISTING CONDITIONS IMAGES THIS IS LOOKING NORTH EAST AND THEN IT SHOWS THE RTI ACCESS AND ANOTHER VIEW LOOKING AT LYNDALE AVENUE JUST TO GIVE YOU A FLAVOR OF WHAT'S CURRENTLY OUT THERE TODAY AND THEN THIS IS AN IMAGE OF THE REZONING THEY'RE PROPOSING A REZONING FROM R B TO TERM 100 WITH THE PLANNED DEVELOPMENT OVERLAY AND HERE IS KIND OF A CONCEPT SITE PLAN. THE DEVELOPMENT IS A FIVE STORY 128 UNIT WITH SURFACE PARKING AND ONE LEVEL OF UNDERGROUND PARKING. THERE IS A COMMERCIAL COMPONENT WHICH IS ROUGHLY 1500 SQUARE FEET WHICH IS CIRCLED IN RED LOCATED AT CORNER OF THE SITE AND THEN THIS IS A FULLY AFFORDABLE DEVELOPMENT WITH 25 UNITS AT 50% AMI AND 102 UNITS AT 60% AMI SO DEVIATION THAT IS BEING REQUESTED IS RELATED TO THE SIDE YARD SETBACK. SO WE'RE LOOKING AT THE WEST SIDE OF THE ALONG THE SHARED ACCESS CODE REQUIRES 18 FOOT THREE WHERE THEY'RE SHOWING TEN FOOT NINE DUE TO THE LOCATION OF THE SHARED ACCESS . THE REDUCED SETBACK HAS AN INSIGNIFICANT IMPACT TO THE ADJACENT PROPERTY ALSO SHIFTING THE SETBACK TO MEET SHIFTING THE SETBACK TO THE REQUIRED SETBACK COULD RESULT IN A LOSS UNITS WHICH WE DIDN'T WANT TO SEE. AND THEN ANOTHER DEVIATION IS RELATED TO THE 20 FOOT LANDSCAPE YARD ELEMENTS PERMITTED WITHIN A LANDSCAPE YARD ARE LIKE LANDSCAPING, SIDEWALKS, DRIVEWAYS AND THEY'RE CURRENTLY SHOWING A PUBLIC PLAZA WHICH HAS AN EIGHT FOOT SETBACK FROM THE PROPERTY LINE AND IS ULTIMATELY SUPPORTIVE OF THIS DEVIATION AS THE PLAZA REALLY ACTIVATES THE CORNER WITH VARIOUS FEATURES AND IMPROVES WALKABILITY AND IT'S JUST A NICE ADDITION TO THE CORNER. THIS IS THE LANDSCAPE PLAN. ULTIMATELY THE LANDSCAPING QUANTITY IS IN COMPLIANT. IN FACT THEY'RE KIND OF GOING ABOVE AND BEYOND IN THE NUMBER OF SHRUBS AND PLANTINGS QUANTITY AND A COUPLE OF MINOR TWEAKS ARE NEEDED HERE NON DEVELOPMENT FLEXIBILITY BUT THEY NEED TO SHOW FOUNDATION PLANTINGS AND A COUPLE TREES IN THE PARKING ISLANDS AND THEN HERE IS A BUILDING RENDERING LOOKING THE INTERSECTION OF LYNDALE AND AMERICAN THE BUILDING MATERIALS ARE A MIX OF METAL PANEL FIBER GLASS AND BRICK AND THEN YOU CAN SEE THE PLAZA AND RETAIL COMPONENT FACE IN THE CORNER. AND THEN LASTLY REGARDING PARKING WE AGAIN IS TAKING ADVANTAGE OF THE ACTUAL REDUCTION REDUCTION INCENTIVE WITH THE REDUCTION THEY ARE REQUIRED 162 SPACES WITH 165 SPACES PROVIDED SO THEY ARE NOT SEEKING ANY FURTHER REDUCTION OF PARKING. AND THEN FOR THE RECORD IT'S IMPERATIVE THEY MANAGE PARKING APPROPRIATELY BECAUSE THERE IS NO ON STREET PARKING NEARBY THAT IS AVAILABLE SO WITHOUT STAFF IS RECOMMENDING APPROVAL AND THE APPLICANTS FROM CHAFFORD RICHARD AND RICHARDSON EXCUSE ME ARE IN THE AUDIENCE TONIGHT THANK YOU VERY MUCH COUNCIL QUESTIONS COUNCILMEMBER MEMBER I THAT THINKS SO I WANTED TO GO BACK A LITTLE BIT TO THAT DEVIATION WITH THE BUILDING SIDE YARD SETBACK AND YOU KNOW OBVIOUSLY WE WANT TO DO IT. I'M NOT I'M NOT QUESTIONING THAT BUT IN DOING THAT WHAT'S THE IMPACT YOU KNOW WHERE WE HAVE THIS THE HERE AND OBVIOUSLY YOU KNOW WE'RE NOT GOING TO FOLLOW THAT YOU KNOW WHAT'S WHAT'S THE IMPACT OF DOING SOMETHING LIKE THAT MAYOR AND COUNCIL SO THE THE SIDE YARD IS IT'S A CALCULATION BASED THE HEIGHT OF THE BUILDING I CAN'T REMEMBER WHAT IT IS OFF THE TOP OF MY HEAD ABOUT TEN FEET PLUS SO AND SO INCHES ABOVE A CERTAIN HEIGHT. SO THAT'S HOW WE ARRIVED AT THE EIGHT FOOT THREE REQUIREMENT. I KNOW THAT SEEMS LIKE AN ODD NUMBER BUT THAT'S THAT'S HOW WE ARRIVED AT THAT REQUIREMENT . THE IMPACT AS YOU CAN SEE THERE'S THE SLIGHT GREEN I THINK IS A SIDEWALK AND THEN THE DARKER GREEN IS IS A LANDSCAPING AREA. SO ULTIMATELY KIND OF A CLOSE ISH AREA BETWEEN THE SIDEWALK AND THE BUILDING ITSELF. BUT STAFF DIDN'T SEE TRUE IMPACT BECAUSE THERE IS THAT ACCESS DIRECTLY RIGHT HERE. SO THERE'S NOT ANY KIND OF IMPACT. OKAY. SO NO IT WOULDN'T BE LIKE HEARING SOMETHING ELSE WOULD WOULD BE SEVERE. YOUR PROBLEM WITH THAT OKAY I JUST WANTED TO MAKE SURE THERE WASN'T ANY KIND OF SAFETY. I ASSUME THAT WOULD STAFF WOULDN'T WOULD WOULDN'T DO THAT. I'M JUST JUST KIND OF CURIOUS ABOUT THAT KNOW IN TERMS OF THAT SO I HAVE A DIFFERENT POLICY QUESTION ABOUT THAT BUT IT'S NOT APPROPRIATE THIS TIME. BUT THANK YOU COUNSEL. ADDITIONAL QUESTIONS COUNCILMEMBER NELSON THANK YOU MAYOR. I JUST CAN QUICKLY SUMMARIZE HOW THIS DIFFERS FROM WHAT THE ORIGINAL PLAN WAS RFP PLAN I MIGHT NEED A CALL ON SOMEONE WHO IS MORE FAMILIAR WITH RF KEY BUT ULTIMATELY MAYOR AND COUNCIL THE ORIGINAL PLAN DID NOT CALL FOR AGE RESTRICTED THIS IS SENIOR APARTMENTS AS WELL AS THE PREVIOUS PROPOSAL CALLED FOR MORE THIS IS 128 I THINK THEY'RE LOOKING DOING LIKE 150 SOME UNITS ANDHEN I WAS ALSO SLIGHTLY TALLER ONE STORY TALR DO WE HAVE INFORMATIONN REGARDS TO H MANY UNITS WOULD HAVE BEEN AFFOABLE AT DIFFERE LEVELS IN THE OGINAL RFP? I D NUT I SUR T APICANT WOULDAVE THAT INFOATION A THE THERE'S A CHANGE I I COULD MAY INOW THAT MR. MKET YARD I ONLINE MAYBE WE COULD BRING IN MR. MARKET GARDEN AND ANSWER SOME OF THEFP QUESTIONS BECAUSE I THINK HE WKED MORE CLOSELY ON OKAY THAT MAKES SENSE. YEAH THAT'LL BE GREAT IT'S GOOD EVENING REAL PERSON COUNCILMEMBERS I DON'T KNOW IF YOU HEARD THE DISCUSSION OR NOT COUNCILMEMBER NELSON HAD A COUPLE OF QUESTIONS REGARDING HOW THIS HOW THE THE FINAL DEVELOPMENT PLAN DIFFERS FROM THE ORIGINAL RFP THAT WAS SET OUT. IF YOU COULD JUST SUMMARIZE THAT THAT WOULD BE HELPFUL. SURE. YEAH. I BELIEVE IN THE ZONE. THEY COVERED MOST OF THE ITEMS . ONE OTHER DIFFERENTIATION WAS THE REDUCTION IN THE COMMERCIAL SPACE. I'M NOT SURE IF I WAS MENTIONED 5000 SQUARE FEET DOWN TO 1500 SQUARE FEET. IN TERMS OF THE AFFORDABILITY I BELIEVE IT WAS 100% AFFORDABLE ORIGINALLY SO THAT IS NOT AMENDMENT IN TERMS OF THE DETAILS OF NUMBER OF UNITS HAVE TO LOOK BACK ON THAT OR REFER TO THE APPLICANT THAT'S SOMEBODY ELSE AND ANY ADDITIONAL QUESTIONS? THAT'S WHAT I WANT TO KNOW. OKAY. THANKS FOR CHIMING IN , MR. MAKI. I'D APPRECIATE IT. ANYTHING ELSE? COUNCIL YOU SAID THE APPLICANT WAS HERE TODAY. WAS THERE ANYTHING TO ADD FROM THE APPLICANT TURN PLEASE WELCOME. GOOD EVENING KATY ANTHONY VICE PRESIDENT DEVELOPMENT WITH SCHAFER RICHARDSON. OUR OFFICE IS LOCATED MINNEAPOLIS, MINNESOTA. THANK YOU, MR. MAYOR AND MEMBERS OF COUNCIL FOR YOUR TIME TODAY AND THANK YOU TO MS.. O'DAY ON HER PRESENTATION. THE ONE THING I WANTED TO TOUCH ON IS EXACTLY WHAT COUNCILMEMBER NELSON BROUGHT UP. I THINK YOU'VE SEEN THIS PROPOSAL A COUPLE OF TIMES IN THE LAST YEAR. ONE WAS WITH REGARDS TO THE INITIAL RFP. WELL AS OUR APPLICATION FOR A RESOLUTION FOR HOUSING CONDUIT BONDS FOR THE AFFORDABILITY ASPECT OF IT AS COUNCILMEMBER NELSON OBSERVED, THERE ARE CHANGES IN THIS PROPOSAL FROM WHAT YOU APPROVED AND SIGNED OFF ON ABOUT A YEAR AGO AND I WANT TO WALK THROUGH HOW WE GOT TO THAT POINT. SO THE ORIGINAL PROPOSAL WAS FOR HUNDRED AND 53 UNITS IT WAS A SIX STOREY BUILDING WITH UNDERGROUND PARKING WELL AS SOME SURFACE PARKING. WE HAD PROPOSED 118 PARKING STALLS AND A MIX OF ONE THROUGH THREE BEDROOM UNITS. SO TODAY YOU HAVE 128 UNITS A FIVE STORY BUILDING WITH AN EXPANDED LEVEL OF UNDERGROUND PARKING AND SURFACE PARKING FOR A TOTAL OF 165 PARKING STALLS AND I WANT TO TOUCH SPECIFICALLY ON THAT SO AND THEN THE COMMERCIAL SPACE REDUCTION FROM 5000 TO 1500 SQUARE FEET AS WE STARTED WORKING WITH WITH THE CITY DEPARTMENTS AND WITH THE PORT AUTHORITY ON OUR ORIGINAL AS WELL AS SOME OF THE MEMBERS OF THE PUBLIC WORKS DEPARTMENT ,IT BECAME CLEAR THAT PARKING WOULD REALLY DRIVE THE ULTIMATE PLAN HERE AND WHEN WE PUT TOGETHER OUR ORIGINAL PROPOSAL WE DID OBSERVE THAT WHAT WE HAD PROPOSED DID NOT FOLLOW TO THE LETTER OF THE ZONING CODE WHAT COULD BE DONE ON THE SITE. WE HAVE DEVELOPED HUNDREDS OF UNITS THOUSANDS OF UNITS OF HOUSING, HUNDREDS OF UNITS OF AFFORDABLE HOUSING AND BASED ON OUR OBSERVATIONS AND OUR DATA ON PARKING SPECIFIC WE PUT TOGETHER A PROPOSAL WITH THE ORIGINAL RFP THAT THAT WE FELT WAS WAS SUFFICIENT A PARKING PERSPECTIVE FOR THE HOUSING COUNT THROUGH WORK WITH THE WITH THE CITY A PARKING STUDY THAT ENSUED AS PART OF THE REQUIREMENTS. IT BECAME CLEAR THAT THAT THE SITE WOULD NOT SUPPORT WOULD NOT THAT NUMBER OF UNITS AND BE ABLE TO PROVIDE THE PARKING TO MEET THE CITY'S REQUIREMENTS. AND SO THAT'S HOW WE KIND OF SCALED BACK THE PLAN TO SOMETHING THAT WOULD MEET WOULD FALL WITHIN WHAT THE CITY REQUIRES FOR PARKING AND AND STILL MAXIMIZE THE NUMBER OF UNITS THAT WE COULD GET ON THE. LIKEWISE THE CHANGE FROM FROM FAMILY HOUSING AND A LITTLE BIT OF THE UNIT MIX WAS DRIVEN BY THAT PARKING THAT PARKING STUDY AS WELL SO TRYING TO MAINTAIN SOME DENSITY ON THE SITE TO MAINTAIN THE NUMBER OF UNITS THE MAXIMUM NUMBER OF UNITS THAT THAT THE SITE COULD HOLD AS WELL AS KIND OF BALANCING PARKING REQUIREMENT. THAT IS HOW WE ENDED UP AT THE PROPOSAL THAT YOU SEE IN FRONT OF YOU TODAY. OUR ORIGINAL PROPOSAL AS PART OF THE RFP HAD A PARKING RATIO OF 0.77 PER UNIT. THIS PROPOSAL AND IN THIS PROPOSAL WE ARE TAKING ADVANTAGE OF OF THE CITY'S OPPORTUNITY HOUSING AND THE PARKING REDUCTION THAT COMES FROM THAT WITH THE WITH THE PARKING REDUCTION WITH THE H0 GRANTED BECAUSE THE AFFORDABILITY ON THE PROPERTY WE'RE AT A 1.29 PARKING STALLS PER UNIT RATIO AT THE ZONING CODE WITHOUT THE WOULD REQUIRE 1.5 PARKING STALLS PER UNIT. SO YOU CAN SEE THE MANY ITERATIONS AND REALLY CLOSE WORK WITH WITH THE CITY STAFF IN THE PORT TO GET TO THE POINT WHERE WE ARE. A FEW OF THE KEY GOALS THAT WERE OUTLINED IN THE RFP THAT WE USED AS ARE OUR GUIDELINES FOR TODAY'S PROPOSAL INCLUDE A MIX OF USES SO BOTH RESIDENTIAL AND COMMERCIAL IN IN THE LYNDALE AVENUE RETROFIT PLAN AREA A DESIRE FOR A DIVERSE WALKABLE AND COMPACT DEVELOPMENT AFFORDABLE HOUSING BEING AN IMPORTANT DRIVER FOR THE CITY ON SITE AND ACTIVATING THE CORNER AND SO THERE IS A LOT OF PUSH AND PULL TO GET WHERE WE ARE TODAY . THAT IS WHY THIS PROPOSAL IS DIFFERENT FROM WHAT YOU SAW A YEAR AGO. IT IS THE SAME AS WHAT YOU SAW WITH THE HOUSING CONDUIT BOND PROPOSAL THAT WE RAN THROUGH A MONTH OR SO AGO AND WE'RE REALLY EXCITED ABOUT THIS DEVELOPMENT. WE'VE BEEN WANTING TO DO WORK IN THE CITY OF BLOOMINGTON FOR A WHILE. WE KNOW THIS SITE ITS CHALLENGES AS EVIDENCED BY THE HISTORY OF OF REDEVELOPMENT IN THE PROPOSALS THAT HAVEN'T HAPPENED. WE THINK THAT ADDING HOUSING THE SITE WILL BE IMPORTANT TO FIND THAT DIVERSIFIED MIX IN THIS AREA THERE IS A LOT OF COMMERCIAL THERE IS SOME HOUSING THAT'S IN IT'S A NICE SEGWAY FROM KIND OF STEPPING DOWN FROM THE COMMERCIAL AREA INTO MORE SOME LOWER DENSITY RESIDENTIAL AS YOU MOVE FURTHER SOUTH AND WE'RE JUST EXCITED BE HERE I'M HAPPY TO TAKE QUESTIONS I'M NOT SURE IF THAT'S APPROPRIATE RIGHT NOW BUT HAPPY TO ANSWER ANY QUESTIONS THAT THAT YOU ALL HAVE FOR US. I THINK THAT'S APPROPRIATE TO SORT OF QUESTIONS COUNCIL ANY QUESTIONS OF OPENNESS ANTHONY THIS EVENING? COUNCILMEMBER NELSON THANK YOU MAYOR. IF THERE WAS GREATER FLEXIBILITY IN THE PARKING COULD YOU GET MORE UNITS IN THERE AND DO YOU THINK IT WOULD WORK? YES. THANK YOU, COUNCILMEMBER. THANK YOU. I'D LIKE TO BETTER UNDERSTAND HOW THE COMMERCIAL SPACE WENT FROM 5000 TO 1500. SURE. MR. MAYOR, COUNCILMEMBER MOA AND THE COUNCIL. YES. SO THE REDUCTION OF DENSITY AND KIND OF REWORKING THE ECONOMICS OF THE SITE WE NEEDED TO SCALE BACK THE THE COMMERCIAL SPACE AS WELL. GROUND FLOOR RETAIL IN NEW CONSTRUCTION IS CHALLENGE HAS ITS CHALLENGES IN TERMS OF FINDING OCCUPANTS FOR THAT SPACE. IN ADDITION TO THAT THE FINANCING SOURCES FOR AFFORDABLE HOUSING FIND IT COMMERCIAL SPACE CHALLENGING SO IT'S PUSH AND PULL IN TERMS OF KIND OF THE ECONOMICS OF WHAT DRIVE SO HOW MUCH OF YOUR YOUR REVENUE COMES FROM HOUSING VERSUS HOW OF YOUR REVENUE COMES FROM COMMERCIAL SPACE AND WHAT THE FOR AFFORDABLE HOUSING LIKE TO SEE. AND SO KIND OF IT'S A COMBINATION OF THINGS. ONE IS KIND OF THE THE SCALE OF OF RESIDENTIAL COMPARED TO THE SCALE OF COMMERCIAL SPACE AND ALSO JUST THAT THE KIND OF INHERENT NEED TO SCALE DOWN THE SPACE IN ORDER TO MAXIMIZE THE NUMBER OF UNITS THAT WE COULD GET THE ADDITIONAL QUESTIONS. ALL RIGHT. WELL, THANK YOU. THANK YOU FOR THE INFORMATION AND THANKS FOR BEING WITH US THIS EVENING. THANK YOU, KIRAN. IN CASE THERE'S ADDITIONAL QUESTIONS HERE. VERY GOOD COUNSEL. IF THERE'S NO ADDITIONAL QUESTIONS, I WOULD OPEN THE PUBLIC HEARING. THIS WILL BE A PUBLIC HEARING ON ITEM 4.4 WHICH IS FOR 700 AMERICAN BOULEVARD WEST. THIS IS FOR THE REZONING THE PRELIMINARY THE FINAL DEVELOPMENT PLAN. ANYONE IN THE COUNCIL CHAMBERS WISHING TO SPEAK TO ITEM 4.4 THIS EVENING . GOOD EVENING. IF YOU COULD PLEASE IDENTIFY YOURSELF FOR THE RECORD AND WE DO. WITHIN OUR PUBLIC HEARINGS WE'VE GOT A FIVE MINUTE LIMIT PER SPEAKER. WE HAVE A SHOT CLOCK ON THE WALLS TO KEEP TRACK OF THINGS. AND WHEN WE TO THE 5 MINUTES I'M AFRAID I WILL CUT YOU OFF NOT BECAUSE I MEAN BUT BECAUSE WE WANT TO MAKE SURE THAT EVERYBODY GETS THE SAME AMOUNT OF TIME AND WE'RE WE'RE EQUITABLE TO EVERYONE SO. GOOD EVENING. WELCOME. GOOD EVENING, MAYOR AND COUNCILMEMBER IS KIM NELSON WITH NORTH CENTRAL STATES REGIONAL COUNCIL OF CARPENTERS . WE REPRESENT 28,000 CONSTRUCTION WORKERS IN THE UPPER MIDWEST, MANY WHO LIVE RIGHT HERE IN BLOOMINGTON. YOU KNOW, WE LOVE ECONOMIC DEVELOPMENT AND WE LOVE BUILDING THINGS. HOWEVER, WE HAVE TO KEEP THE WORKERS IN MIND. WE DO SO. AND SO I'M HERE TONIGHT TO HIGHLIGHT IF YOU COULD IF YOU COULD LOWER THE MIC JUST A LITTLE BIT TOAKE SURE THAT WE PICK YOU UP PERFECT. THANK YOU SO MUCH. SO I'M HERE TO HIGHLIGHT A FEW FEW CONCERNS THAT WE HAVE. YOU ALL KNOW OUR STAFF HAS TRAPPED IN DETAIL FOR OVER EIGHT YEARS NOW IN THE TWIN CITIES AREA THE CONSTRUCTION INDUSTRY WE HAVE TRACK GENERAL CONTRACTORS, THEIR PRIMARY SUBS SUBCONTRACT ACTORS, LABOR BROKERS, WORKERS AND OTHER ASSOCIATES AND ANYTHING RELATED TO A CONSTRUCTION SITE IN THE TWIN CITIES AREA. WE HAVE ALL THAT IN DETAIL. WITH THAT SAID, THAT PUTS US AT THE FOREFRONT OF WORKING TO DETER A COUPLE OF PROBLEMS THAT ARE MAJOR PROBLEMS IN OUR INDUSTRY. WORKER MISCLASSIFICATION A LABOR EXPLOITATION WHICH OFTEN TIMES CROSSES OVER INTO HUMAN TRAFFICKING. WORKER'S COMP INSURANCE FRAUD TAX FRAUD ETC.. AND SO WE HAVE BEEN ON THE FOREFRONT OF THAT WORK. I APPRECIATE TIME TO SPEAK TODAY AND JUST SOME OF OUR CONCERNS THAT WE HAVE ABOUT 700 AMERICAN BOULEVARD WEST FIRST JUST IN GENERAL CONSTRUCTION THAT IS MULTI-UNIT FRAMED IN WOOD SEEKING ASSISTANCE TO BUILD EITHER SENIOR HOUSING OR AFFORDABLE HOUSING IS SEGMENT OF OUR INDUSTRY WHERE WE SEE FREQUENT PROBLEMS WITH MISCLASSIFIED AND OTHER ISSUES. THUS WE WE WILL MONITOR THIS SITE AND WE CLOSELY MONITOR SITES LIKE THIS. THIS IS KIND OF A RED FLAG JUST SEGMENT OF OUR INDUSTRY. SECOND THE GENERAL CONTRACTOR FOR THE SITE IS EXPECTED TO BE EAGLE BUILDING COMPANY. THERE SEVERAL PUBLIC DOCUMENTS AVAILABLE WHICH I KNOW YOU ALL SHOULD HAVE IN YOUR INBOX INDICATING CONCERNS WITH THE PRIMARY SUBS AND LOWER TIERED SUBS THAT HAVE BEEN USED BY YOUR BUILDING COMPANY JUST HIGHLIGHT A FEW EXAMPLES. MOST RECENTLY NELSON LOPEZ PLED GUILTY AND WAS SENTENCED FOR WORKER'S COMPENSATION INSURANCE FRAUD JUST THIS LAST MONTH JUST THIS PAST MONTH. NELSON LOPEZ WORKED ON BOTH THE ROSEMARY APARTMENTS AND HUGO AS WELL AS ONE AWAY PLACE RIGHT HERE IN BLOOMINGTON WHERE BOTH BOTH OF THOSE SITES WERE OVERSEEN BY EAGLE BUILDING COMPANY AS A GENERAL CONTRACTOR. ALSO IN A SUM IN A DOCUMENT FOR THE FOURTH JUDICIAL DISTRICT COURT, THE STATE OF MINNESOTA ATTORNEY GENERAL KEITH OLSON VERSUS PROPERTY MAINTENANCE AND CONSTRUCTION ALSO KNOWN AS PMC AND LEE LEOPOLD PIMENTEL JR. ON PAGE EIGHT. THESE SITES ARE ALSO LISTED SO TAKE A CLOSE LOOK AT THAT. FURTHERMORE THIS OTHER FOLKS NELSON LOPEZ, RANGEL, TORRES AND EM ALL FRAMING FOR STANTEC CONSTRUCTION SO SAY THAT THESE AS HAVE ALL WORKED DIRECTLY UNDERNEATH THE SUPERVISION OF WOLF WHICH IS A SUBCONTRACTOR EAGLE USES WOLF REGULARLY USES THE SUBCONTRACT TOWERS ABSOLUTE DRYWALL AND PAINTING AMERICA AND WE HAVE PLENTY OF PROBABLY PLENTY OF PUBLIC DOCUMENTS WE CAN SEND YOU ON THOSE FOLKS AS WELL. SO UNFORTUNATELY ALTHOUGH WE LOVE BUILDING THINGS AND WE WOULD LOVE TO SEE A LOT OF AFFORDABLE HOUSING BUILT CURRENTLY AT THIS POINT WE ARE IN OPPOSITION TO THIS PROJECT UNLESS THE CURRENT INSPECTOR GENERAL CONTRACTOR EAGLE COMPANY IS PREPARED TO DO BUSINESS DIFFERENTLY THAN THEY HAVE IN THE PAST ONE THAT ENSURES THAT WORKERS ON THE SITE ARE BEING CLASSIFIED PROPERLY, COMPENSATED FAIRLY AND NOT IN AN ENVIRONMENT THAT HAS A POTENTIAL RISK OF LABOR EXPLOITATION. WE STRONGLY URGE THE CITY TO KEEP THIS IN MIND NOT ONLY ON THIS PROJECT BUT AS YOU MOVE FORWARD WITH ALL CONSTRUCTION IN THIS CITY TO PLEASE ASK THE TOUGH QUESTIONS WHEREVER THERE'S PUBLIC ASSISTANCE OR VARIANCES ASKED FOR. PLEASE KEEP IN MIND DEFAULT LANGUAGE ALSO KNOWN AS CLAWBACK LANGUAGE AND MAKE SURE THAT YOU KNOW WE'D ASK THAT YOU REALLY ASK ONE OF THE VALUES AROUND CONSTRUCTION IN THE CITY AND REALLY START TO SERIOUSLY HAVE THAT CONVERSATION AND PUT THAT INTO INTO CODE IF POSSIBLE. I APPRECIATE YOUR TIME THIS EVENING AND LIKE I SAID WE ASK THAT YOU TAKE A LOOK AT THE DOCUMENTS. I HAVE A COUPLE OF OTHER COLLEAGUES HERE THAT WOULD ALSO LIKE TO SPEAK. I DO WANT TO SAY THAT I AM AVAILABLE FOR ANY FOLLOW UP QUESTIONS I YOU KNOW, JUST CALL MY CELL PHONE. I'M HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. THANK YOU, MISS NELSON . GOOD EVENING AND WELCOME. THANK YOU, MARY. ABOUT THE FROM MEMBERS. MY NAME IS DAN MCCONNELL. I'M THE BUSINESS MANAGER OF THE MINNEAPOLIS BUILDING CONSTRUCTION TRADES COUNCIL. I'M CONCERNED THEY'RE VERY SIMILAR TO WHAT DENNIS NELSON JUST SHARED. I REPRESENT 17,000 CONSTRUCTION WORKERS IN THE WESTERN METRO AREA, 25 AFFILIATED LOCAL UNIONS. TWO OF THEM ARE HERE TONIGHT. OVER THE LAST SEVERAL YEARS I'VE BEEN SPENDING A LOT OF TIME ON WAGE THEFT AND LABOR TRAFFICKING CONCERNING THE CONSTRUCTION. WE'VE REALLY SEEN IT GROW FROM YOU KNOW, PEOPLE JUST YOU KNOW, OBVIOUSLY WE'RE A UNION, RIGHT? WE DON'T LIKE TO SEE NONUNION PROJECTS. RIGHT. AND IT'S GONE BEYOND JUST A SIMPLE UNION NONUNION ISSUE. RIGHT. THE LEGITIMATE NONUNION CONTRACTORS HAVE REALLY GONE AWAY TO A LARGE EXTENT IN THIS IN THIS MARKETPLACE WHERE WE THINK THIS THIS KIND OF LABOR TRAFFICKING AND REALLY UNCONSCIONABLE BEHAVIOR ON THESE PROJECTS AND HOW THEY'RE DONE. SO THIS DEVELOPER WE'VE HAD A REALLY GD RELATIONSHIPVER THE YEARS WIT THEEVELER. WE WORKE ON THEM MOST RECENTLYN A PROJECT T OLD BROADWAYIZZA, A VER SUCCESSF PROCT. WE LOVE TOORK WITH THEM AGAIN. WE'VE H CONVERSATIONS THE ABOU THISROJECTND TY'VE INDICATE THA THEY AS NSON INDICATED THERE GOING TO THKING ABOUT USINGOOGLE ON THIS WHICH WE RAISE CONCERNS WITH THEM ABOUT THE PROJECT AND BECAUSE THIS IS OUR ONE ANCE TO GET IT IN THE PUBLIC. THEY KNOW WE'RE HERE TONIGHT RIGHT? SO WE'RE HOPEFUL THAT WE CAN WORK THINGS OUT. BUT I DO WANT TO MAKE SURE THAT WE PUT THE PUT THE MARKER DOWN. I GUESS SO IT'S NOTHING LIKE IMAGINE WE'VE HAD SEVERAL DOCUMENTS OUTLINING THE CONCERNS WE'RE AWARE OF . I THINK THE MOST CONCERNING ONE I SAW WAS UMBERTO RINGEL TORRES WHO WENT TO POLICE INVESTIGATE IN 2019. HE'S CURRENTLY SERVING A 12 YEAR SENTENCE IN FEDERAL PRISON FOR SEX TRAFFICKING RELATED TO ONE OF THE PROJECTS THAT HE WORKED ON THAT EAGLE EAGLE BUILT A PART OF . WE WERE HUGELY SUPPORTIVE OF BUILDING HOUSING. THEY MENTIONED WE DID A PREVIOUS PROJECT WITH THE DEVELOPER A PENSION FUNDS INVESTED IN THAT PROJECT. WE'D LOVE TO HAVE AN OPPORTUNITY HERE BE THAT ATTORNEY. YOU KNOW WE DON'T WANT TO SEE ILLICIT BEHAVIOR ON THESE PROJECTS, RIGHT? THAT'S OUR JOB TO ADVOCATE FOR WORKERS. WE DON'T WANT TO SEE IT BE A FALSE CHOICE BETWEEN BUILDING AFFORDABLE HOUSING AND TREATING WORKER AS WELL. WE THINK THAT'S A FAIR COMPARISON TO MAKE AND JUST ASK IF THERE'S PUBLIC FINANCING OR PUBLIC LEVERAGE YOU CAN PULL ON THIS. I THINK YOU ON THE PROPERTY RIGHT. SO YOU SHOULD HAVE PLENTY OF ABILITY TO SET CONDITIONS THE SALE OF THE PROPERTY WE JUST ASK YOU TO ENSURE THAT THE PROJECT IS SOMETHING WE CAN ALL BE PROUD OF AND THAT'S MY COMMENTS YOU. THANK YOU, MR. PRESIDENT . GREETING WELCOME. GOOD EVENING MAYOR BETSY AND COUNCIL MEMBERS. MY NAME IS OCTAVIO JOHN BUSTAMANTE. I WORK AS AN ORGANIZER FOR WHY YOU WOULD NOT LEAVE INTERNATIONAL UNION IN NORTH AMERICA LEAVING AS A LABOR ORGANIZATION THAT SEEKS TO ADVANCE THE WELFARE OF UNIONIZED NONUNION CONSTRUCTION WORKERS IN MINNESOTA. OUR MEMBERS WHAT TYPE OF CONSTRUCTION FROM DEMOLITION TO CONCRETE PLACEMENT TO ASBESTOS REMOVAL. OUR MEMBERSHIP IS DIVERSE AND WE HAVE MEMBERS AND RETIREES WHO LIVE RIGHT HERE IN BLOOMINGTON. SO WE REPRESENT ALMOST MORE THAN 14,000 MEMBERS AS THEY WEIGH. I UNDERSTAND THAT SHAFER RICHARDSON RICHARDSON IS PROPOSING A SENIOR HOUSING DEVELOPMENT THAT WILL BE LOCATED AT 700 AMERICAN BOULEVARD. IT IS ALSO MY UNDERSTANDING THAT THIS DEVELOPMENT WILL UTILIZE LOW INCOME HOUSING TAX CREDITS AND TEXAS FUNDS TO TO INSURE AND FOR AFFORDABILITY LIKE MENTIONED IN MY INTRODUCTION, MY JOB IS TO SEEK TO ADVANCE THE WELFARE OF UNION AND NONUNION CONSTRUCTION WORKERS. BOTH THE WAYS THEY DO THAT IS BY GOING KNOW YOU IN THEIR JOBS SO AS TO EMPOWER WORKERS TO SPEAK UP IF THEY ARE GOING ISSUES LIKE DISCRIMINATION, WORKING CLASSIFICATION OR INTIMIDATION WHICH IS SOMETHING THAT HAPPENS A LOT OF JOBS THAT ARE BEING BY IMMIGRANT WORKERS A COUPLE OF YEARS AGO SEPARATED FROM DEVELOPMENT MULTIFAMILY PROJECT IN WAIVER WAVERLY WHERE I LIVE WHILE IT IS SUBCONTRACTORS WORKING ON THE PROJECT THE ENVIRONMENTAL STONE WORKS. I BELIEVE THAT THERE COULD BE HONDA OR MORE AMAZON AND NEIGHBORS AMONG ENVIRONMENTAL STONE WORKS PROJECTS WHO HAVE BEEN MISCLASSIFIED AS INDEPENDENT CONTRACTORS AND WHO HAVE BEEN DENIED OVERTIME PAY UNEMPLOYMENT INSURANCE. THEY WANT THEIR BENEFITS. THE CONTRACTORS ARE REQUIRED TO PROVIDE TO THEIR EMPLOYEES. THIS WORK WAS TO ME ABOUT HAVING TO PAY FOR THEIR OWN DISABILITY AND WORK WORKING COMPENSATION INSURANCE AND PAYING HIGHER TAXES RATES BECAUSE THEY HAVE BEEN MISCLASSIFIED AS DEVELOPER OF THE PROJECT. SHAFER RICHARDSON HAS THE RESPONSIBILITY TO TO KNOW WHO WORKING ON THE PROJECTS AND TO MAKE SURE THE WORKS ARE BEING TREATED FAIRLY PREVENTING THIS TYPE OF EXPLOITATIVE REPORTING, THIS TYPE OF EXPLOIT THAT IF ACTIVITIES IS EVERYONE RESPONSIBILITY IS EVERYONE RESPONSIBILITY? DID YOU GUYS WERE CONSULTANTS OR RESPONSIBILITIES? EVERYONE. THAT'S WHY IT'S IMPORTANT TO BE PROACTIVE IN HAVING SERIOUS POLICIES ARE GOING TO PROTECT WORKERS BECAUSE AT THE END OF THE DAY I THINK THAT WHAT EVERYONE EVERYBODY WANTS TO DO IS TO WORK AND GO HOME AND TO ENJOY LIFE. BUT BUD WHEN YOU ARE AN IMMIGRANT, ESPECIALLY AN IMMIGRANT WITHOUT DOCUMENTS IT IS HARD TO SPEAK UP. AND CONTRACTORS TAKE ADVANTAGE THE SITUATION. I ASK THE CITY OF BLOOMINGTON TO PROTECT WORKERS BY PASSING POLICIES THAT WILL DO SO IN ASKED THE DEVELOPER TO PLEASE PLEASE PLEASE MAKE SURE EVERY WORKER ON YOUR SIDE IS GOING TO BE TREATED TREATED WITH DIGNITY AND RESPECT. I WOULD LIKE TO SHARE A REPORT ON THE AFFORDABLE WHERE I MENTIONED SOME OF OUR CONCERNS ABOUT SOMEWHAT SOME OF THESE PROJECTS. ARE DONE BY IMMIGRANT WORKERS WHILE OTHER TIMES ARE BEING TAKEN ADVANTAGE OF OR ARE BEING EXPLOITED. THEY ALSO GET MORE DETAILS ON THE COMPANY THE ZEPHYR RICHARDSON HAS WORKED WITH BEFORE THERE WAS A SCREW INTO YOU. THANK YOU. THANK YOU. SUPERHERO IF YOU COULD HAND THEM TO MR. BRILLIANT MR. STABLE THAT'D BE PERFECT. THANK YOU. ANYONE ELSE WISHING TO SPEAK? MR. STEVE I BELIEVE WE HAD SOMEONE ON THE LINE AND I BELIEVE THEY MAY HAVE DROPPED OFF OR IS ANYBODY BACK ON THE LINE NOW? THANK YOU, MR.. THEY WERE ON AND THEN THEY HAVE DROPPED OFF SO NO ONE ELSE IS ON THE LINE. GOOD LAST CALL FOR HERE IN THE COUNCIL CHAMBERS. VERY GOOD. THANK YOU FOR YOUR COMMENTS THIS EVENING. COUNCIL SEEING NO ONE COMING FORWARD, KNOWING NO ONE ON THE LINE AND LOOK FOR A MOTION TO CLOSE THE PUBLIC HEARING ABOUT IN 4.4 SO MOVED SECOND MOTION BY COUNCILMEMBER LOWMAN SECOND BY MEMBER MARTIN TO CLOSE THE PUBLIC HEARING ON ITEM 4.4. NO FURTHER COUNCIL DISCUSSION ON THIS. ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I OPPOSED THE MOTION CARRIES SEVEN ZERO CLOSING THE PUBLIC HEARING SO COUNCIL QUESTIONS COMMENTS ON THIS I THINK THE THE ISSUES THAT WERE BROUGHT FORWARD ARE IMPORTANT AND ISSUES THAT WE NEED TO TO TAKE SERIOUSLY AND CONCENTRATE ON. WE YOU KNOW WE ALWAYS WE HAVE ALWAYS HAD THE CONVERSATION IN ANY PUBLIC BIDDING SITUATION WHERE IT'S THE BID GOES TO THE LOWEST RESPONSIBLE BIDDER. RIGHT. AND THE WE CAN ALL AGREE ON IT'S THE DOLLARS AND CENTS BUT I THINK IT'S INCUMBENT ON PUBLIC BODIES LIKE THIS AND OTHER PUBLIC BODIES TO REALLY DEFINE AND HOLD HONE IN ON THAT NOTION OF RESPONSIBLE AND THIS MAY A CASE OF THIS AND I'M NOT SURE WHERE WE ARE WITHIN THE THE PROCESS HERE WITHIN THE SITUATION I WOULD TURN TO CITY ATTORNEY AND ASK IN TERMS OF THE FINAL DEVELOPMENT PLAN AND THEN THE DEVELOPMENT AGREEMENT IS THERE A SPECIFIC LANGUAGE OR IS THERE SPECIFIC WORK WE CAN DO WITHIN THAT TO TO ENSURE THAT WE AVOID THE THE ISSUES THAT WE'VE HEARD THIS EVENING. MM HMM. THANK YOU VERY MEMBERS. WE'VE ACTUALLY HAD THIS ON OUR RADAR A BIT INCREASINGLY WITHIN THE LAST COUPLE OF MONTHS. GENERALLY SPEAKING, YOU KNOW, EMPLOYMENT CONDITIONS, CONSTRUCTION SITES WE'VE BECOME INCREASINGLY AWARE OF THAT STATEWIDE ALSO WITHIN THE REGION. SO OUR FOLKS LEGAL SPECIFICALLY IN THE COMPLIANCE DIVISION HAVE BEEN TALKING WITH STAFF IN COMMUNITY DEVELOPMENT TO LOOK AT OUR DEVELOPMENT AGREEMENTS AND REVIEWS ON POSSIBLE LANGUAGE THAT CAN BE ADDED TO STRENGTHEN THE TYPE OF REQUIREMENTS THAT WE COMPEL THE DEVELOPERS TO COMPLY WITH. SO IF YOU'RE LOOKING FOR SOME DIRECTION, I THINK IT WOULD BE HELPFUL FOR YOU TO SUGGEST THAT STAFF PREPARE AN AGREEMENT WITH THE DEVELOPER THAT THE PRIME CONTRACTOR AND ITS SUBS TO FOLLOW THE EMPLOYMENT LAWS THAT WERE SPECIFICALLY HIGHLIGHTED DURING PUBLIC COMMENT AND THEN WE CAN PUT TOGETHER SOME LANGUAGE TO TRY AND ACCOMPLISH THAT BASED ON WHAT I HAVE THE RESEARCH THAT I'VE DONE I BELIEVE THAT THAT THAT SUBSEQUENT AGRMENT WLD KELYOME THE BODY FOR APPROVAL PROBABLY IN FIRST OR SECOND QUARTER OF 2024. SO IF YOU'RE THINKING ABOUT SORT WHAT THE TIMING ON THAT IS, THAT'S WHAT I'M GUESSING IT IS. SO THAT MAKES SENSE TO THE STAFF THEY'RE SITTING THERE NODDING OUT SO WE CAN START PUTTING THAT TOGETHER. WE'VE ALREADY DONE SOME WORK ON IT BUT UNFORTUNATELY BLOOMINGTON IS NOT UNIQUE AND BEING TOLD ABOUT SOME OF THESE CONCERNS AND CONSTRUCTION SITES I THINK IN THIS MANNER BASICALLY YOU JUST OUTLINED THERE I THINK AS I LOOK DOWN THE TABLE HERE I DON'T SEE ANY HEADS SHAKING. I SEE EVERYONE NODDING. I THINK IT MAKES PERFECT SENSE AND I THINK WE WE NEED DO EVERYTHING THAT WE CAN. WE'VE GOT TO REQUIRE THAT THE DEVELOPER TAKE EVERY TO ENSURE THAT THE WORKERS AT THE 700 AMERICAN BOULEVARD WEST PROJECT ARE TREATED WITH DIGNITY AND RESPECT. AND I THINK WE NEED TO WE NEED TO CODIFY THAT AS BEST WE CAN QUALIFIED IS PROBABLY THE CORRECT VERB. BUT I MEAN TO PUT THAT INTO OUR DEVELOPMENT AGREEMENTS AND FORMALIZE THAT SO THAT IT'S UNDERSTOOD VERY CLEARLY WHAT THEIR EXPECTATIONS ARE AS THE CITY OF BLOOMINGTON. YES. MAY MEMBERS CERTAINLY WE CAN PUT SOMETHING IN A DEVELOPMENT AGREEMENT IN THIS PARTICULAR INSTANCE IF THE COUNCIL IS LOOKING TO PUT SOMETHING IN IN THE CODE THAT'S CERTAINLY SOMETHING THAT YOU COULD DIRECT US TO TAKE TAKE ON AS WELL. WE'RE PUTTING TOGETHER WORK PLANS RIGHT NOW SO JUST LET NO I THINK IN THE DEVELOPMENT AGREEMENT I THINK IT'S A BRAINER. I THINK THAT'S AN ABSOLUTE AND OUR COUNCIL DO WE WANT WE WANT STAFF LOOK AT IT IN TERMS OF MAYBE KIND OF I WAS THE CORRECT WORD THERE SO TO MAYBE TO CLARIFY THIS AND IN THE BEST WAY POSSIBLE FOR WHAT WE'RE TRYING TO DO. MR. PROBABLY SOMETHING TO ADD I WAS GOING TO REAFFIRM MR. MAYOR THAT IF COUNCIL WANTS US TO WE CAN SPEND SOME STAFF EFFORT DEVELOPING WHAT THAT LANGUAGE MIGHT LOOK LIKE FOR ORDINANCE CONSIDERATION BY THE COUNCIL THANK YOU. COUNCILMEMBER CARTER THEN COUNCILMEMBER LOWMAN AND COUNCILMEMBER DALLESSANDRO. COUNCILMAN CARTER THANK YOU MARIN. I THANK YOU FOR PUTTING FORTH AS A PROPOSAL LOOKING FORWARD I AM DEFINITELY IN SUPPORT. I'M WONDERING IN THE SPECIFIC DEVELOPMENT AGREEMENT THAT WE'RE TALKING ABOUT FOR THIS PROJECT, WOULD THAT INCLUDE CLAWBACK LANGUAGE IF SOMETHING WERE TO HAPPEN AND THEY WEREN'T TO HOLD UP THEIR END OF THE AGREEMENT CONSIDERING HOW MUCH PUBLIC IS GOING INTO THIS PROJECT, IS THAT SOMETHING WE COULD INTO THE CONTRACT? MS. MADSEN MAYOR MEMBERS WE CAN CERTAINLY LOOK AT THAT. I'M NOT ABLE TO SPEAK SPECIFICALLY ON THE LANGUAGE AT THIS POINT WE HAVEN'T DRAFTED OF IT YET BUT WE CAN CERTAINLY KEEP IT IN THE CONSIDERATION AND IF WE CAN A WAY TO INCLUDE IT WE CERTAINLY WILL COUNCILMEMBER. WOMAN THANK YOU, MAYOR SO MY QUESTION IS I THINK CUSTOMER CARE FOR WHAT YOU ASK THAT INFORMS ME IN TERMS OF WHAT I WANT TO ASK IN TERMS OF TIMING YOU KNOW IN TERMS OF WAGE THEFT AND THE OTHER ISSUES THAT WERE RAISED THIS EVENING, IS IT POSSIBLE TO BRING AN ORDINANCE PRIOR TO US WITH REGARD TO WAGE THEFT AND THE OTHER ISSUES THAT WERE RAISED HERE PRIOR TO FINALLY EITHER PASSING OR MOVING THIS FORWARD? IS THAT IS THAT TOO TIGHT OF A TIMELINE? IS THERE A WAY TO DELAY THIS TO BE SURE THAT THAT IS DONE FIRST AND THEN HAVE THE SUPPLY TO THAT EXPANSION? MAYOR MEMBERS CERTAINLY WE SEE GENERALLY SPEAKING AN ORDINANCE TAKES AROUND DAYS FROM START TO FINISH WHEN WE DON'T HAVE TO GO PLANNING COMMISSION SO THIS WOULD PROBABLY NOT BE PLANNING COMMISSION ITEM IT PROBABLY WOULD NOT BE IN THOSE CHAPTERS . THAT SAID CERTAINLY THE PLANNING COMMISSION MIGHT HAVE SOME INTEREST IN HEARING IT AND WE WOULD TO HONOR THAT REQUEST IF THEY WANT TO MAKE A RECOMMENDATION. GENERALLY SPEAKING I BELIEVE THAT WE I DON'T KNOW WHAT THE TIMING IS ON THE SPECIFICS OF WHEN THE DEVELOPMENT AGREEMENT IS EXPECTED APRIL. OKAY SO THEORETICALLY I THINK IT'S POSSIBLE AND WE COULD LOOK AT HOW QUICKLY WE COULD TURN SOMETHI LIKE THAT AROUND SETTING UP THE COMPLIANCE THE BACK END OF IT WOULD BE A BIGGER ENDEAVOR AND CREATING THE ENFORCEMENT MECHANISM FOR THAT. I SAW THE HAND RAISE ON ORDINANCE. I DON'T KNOW IF YOU WANT TO COUNCILMEMBER LOWMAN OKAY. WITH YOUR QUESTION. YEAH. LET ME JUST ASK ONE FOLLOW UP TO DIRECTLY TO THAT QUESTION AND WE ARE THE WE IN ARE PUTTING THIS FORWARD SO WE COULD DELAY THIS RIGHT OR IS THERE ARE WE ON A ON A TIMELINE WITH WITH THIS SINCE WE HAVE A DEVELOPER SELECTED THAT WE'VE GOT TO COMPLY WITH WITH TIMES. THANK YOU, MR. MAYOR AND. COUNCILMEMBERS WHAT'S BEING ASKED OF TONIGHT? COUNCILMEMBERS IS A LAND USE ACTION. IT'S NOT NECESSARILY RELATED TO THE SPECIFIC POLICY ISSUE THAT WE'RE DISCUSSING THE TIME FOR CONSIDERATION WHAT LANGUAGE WOULD BE APPROPRIATE IS AT THE TIME THAT WE ARE CONSIDERING DEVELOPMENT AGREEMENT WITH WITH THE OWNER AND DEVELOPER THE PROPERTY SO THAT WOULD BE APRIL AND AND I WOULD AS WE'RE WORKING ON THE LAND USE APPROVAL THIS EVENING I WE CAN TALK LAND USE APPROVAL I THINK THE POLICY ISSUE THAT WE'RE TALKING ABOUT HERE IT'S IMPORTANT I WOULD HATE TO RUSH INTO IT I WOULD MAKE SURE I WOULD WANT TO MAKE SURE THAT WE DO IT CORRECTLY. I WOULD I WOULD DEFER STAFF AS WE LOOK AND SEE WHETHER OR NOT APRIL IS THE APPROPRIATE AMOUNT OF TIME. THEY SAY 30 DAYS. I MEAN THAT'S 120 DAYS. BUT THEN YOU'VE GOT IT'S NEVER EASY RIGHT? I MEAN IT'S ALWAYS THEY'LL BE BACK AND FORTH. I THINK MY RECOMMENDATION TONIGHT TO MOVE FORWARD WHAT WE'VE GOT TONIGHT TO DIRECT STAFF TO TO BEGIN TO WRITE UP THE FINAL DEVELOPMENT AGREEMENT WITH THE CIVIC LANGUAGE THAT WE TALKED ABOUT AND THEN SEE HOW THE WORK PROGRESSES IN TERMS OF ACTUALLY PUTTING THIS WITHIN THE CITY CODE THAT MAKES SENSE. AND MR. MAYOR, IF I MAY ALSO THE THE TIMING THE 90 DAYS THAT THE CITY ATTORNEY TALKED ABOUT WE DO HAVE EXAMPLES IN OTHER MUNICIPALITIES THAT WE CAN TO IN TERMS OF ORDINANCE LANGUAGE THE STAFF IS ALREADY WITH SOME OF THAT. I THINK PART OF IT DEPENDS ON WHAT THE DIRECTION FROM THE COUNCIL IS IN TERMS OF THE LEVEL OF ENGAGEMENT THAT YOU WISH TO HAVE AS WE DEVELOP THIS ORDINANCE CONSIDERATION AND AGAIN MAKING SURE THAT WE'RE TRUE TO OUR INTENT TO HAVE COMMUNITY ENGAGEMENT, MAKING SURE WE GET A CLEAR EXPECTATION FROM COUNCIL ON WHAT THE PROMISES TO THE COMMUNITY FOR WHAT AMOUNT OF INPUT WILL BE SOUGHT, HOW WE'RE GOING TO USE THAT INPUT IN THE PROCESS SO MAY WANT TO TAKE LONGER THAN THE 90 DAYS AND. I THINK WE STILL CAN EFFECTIVELY INCLUDE LANGUAGE A DEVELOPMENT AGREEMENT OF COUNCIL WANTS TO DO THAT WE JUST WON'T MAYBE SOME OF THE BACK END THINGS THAT CITY ATTORNEY TALKED ABOUT TERMS OF THE COMPLIANCE STEPS IN PLACE FOR BUT IF WE'RE RUNNING THOSE PROCESSES ON A DUAL TRACK WE CAN FIGURE OUT THE ONE SAME TIME WE'RE DOING THE OTHER I MEAN SANDS COUNCILMEMBER YEAH AND I'LL TILL WE HAVE A COMMENT. COUNCILMEMBER DALLESSANDR THANK YOU MR. MAYOR. YEAH. TWO QUEIONS ANE IS LATED TO WHA MR. FAROOI JU SAID. I W GOI TO I W GOING T ASK IT. IT SEE LIKE CAN VER RSELVESN TES OF WE'RE TRYG T ACCOMPLH RE WH THISPECIC OJECT THROUGHHAT DEVELOPMT AGREEMENT GIVES U MO TIME TOHEN DEVELOP THE ORDINANCE. SO I UNDERSTAND THAT CORRECTLY . THE THE OTHER AREA OF OF OPPORTUNITY I THINK WE'RE ALREADY WORKING ON IN SO I WANTED TO THROW THIS OUT THERE AS A QUESTION TO THE STAFF ARE WE ALREADY LOOKING AT THESE KINDS OF OF OF OF WORKPLACE CONDITIONS IN THE REVIEW WE'RE DOING AROUND OUR PROCUREMENT EQUITY PROJECTS ANY. MY UNDERSTANDING IS THAT WE DO HAVE SOME WORK BEING DONE WITH PROCUREMENT IN PLACES LIKE THAT AROUND AROUND EQUITY, YOU KNOW IN SUPPLIERS AND ALL THAT KIND OF STUFF. THIS FEELS VERY LIKE A THING THAT YOU COULD ADD IN TO THAT FAIRLY FAIRLY EASILY TO HELP TO HELP DRIVE, YOU KNOW, WORKERS ACCOMMODATION WORKERS RIGHTS INTO THAT THAT WORK. I DON'T KNOW IF THAT WAS SOMETHING THAT WAS THOUGHT OF OR WHETHER OR NOT WE COULD CONSIDER THAT BUT I KNOW THAT'S ACTIVELY BEING WORKED AT THE MOMENT AND FEELS LIKE IT MIGHT THIS MIGHT SLOT IN VERY WELL TO THAT WHICH WOULD MAYBE MAKE THE OVERALL WORK PLAN NOT IT DOESN'T GET A LOT BIGGER IT GETS MORE FOCUSED IN THAT PARTICULAR AREA AS PART OF THAT WORK. IS THAT AN OPTION FOR US? MR. MAYOR AND COUNCIL MEMBER STAFF IS HAPPY TO FOLLOW UP WITH THE COUNCIL MEMBER AND PROVIDE ADDITIONAL INFORMATION BUT FOR THE PURPOSE OF THE RECORD RELATED TO THE PUBLIC HEARING FOR THE SPECIFIC ACTION TONIGHT IT'S NOT NECESSARILY GERMANE TO THE PROPERTY OR THE ACTION SO THER NOT HAVE THAT BE PART OF THE RECORD BUT WE'LL FOLLOW UP WITH YOU AND PROVIDE ADDITIONAL. OKAY SURE MAKE SENSE. THANKS. COUNCILMEMBER NELSON. YEAH, THANK YOU MAYOR. THIS IS PROBABLY JUST MY OWN PROBLEM HERE BUT I UNDERSTAND THE LAND PART OF THIS REZONING OF IT. BUT AREN'T WE APPROVING THE FINAL PLANS? ISN'T THAT PART OF THE ACTION WE'RE TAKING WE'RE WE'RE APPROVING THE FINAL DEVELOPMENT PLANS. THE FINAL DEVELOPMENT AGREEMENT. OKAY. THERE'S A DISTINCTION WITH VERY LITTLE DIFFERENCE, BUT THERE ACTUALLY THERE ACTUALLY BUT THAT'S MY PROBLEM. I MEAN MR. MAYOR AND COUNCIL MEMBERS IT IS IT IS A LITTLE IT IS AN IMPORTANT DIFFERENCE IN THAT THE THE YOU KNOW, THE APPROVAL FOR WHAT THE PLAN IS GOING BE WILL BE SET IF. THE DEVELOPER WERE NOT SEEKING ASSISTANCE FROM THE CITY TO MOVE THE PROJECT FORWARD. THE PROJECT MOVE AHEAD. WE KNOW THAT'S NOT THE CASE BECAUSE OF THE PERFORMANCE PRESENTED AND JUST THE PARAMETERS OF THE OF THE DEAL THAT THEY'RE LOOKING AT. SO THEY WILL HAVE ENTITLEMENTS FOR THIS DEVELOPMENT FOR X PERIOD OF TIME BUT IF THEY DON'T COME FORWARD SEEKING FINANCIAL THE PROJECT EITHER WON'T GO FORWARD OR IT WILL AT A TIME THAT THE COUNCIL IS SATISFIED THAT OTHER THINGS HAVE BEEN SAID, HAVE BEEN TAKEN CARE OF . OKAY. THE SECOND QUESTION I HAVE GIVEN THE CHANGE IN THE NUMBER UNITS A REDUCTION BY ALMOST 25% REDUCTION IN THE COMMERCIAL SPACE BY 75%. ARE ANY OF THE OTHER RFP STILL VIABLE? MR. BLUE. MR. MAYOR, I DON'T THINK THAT WE CAN I DON'T THINK THAT WE CAN ANSWER THAT BECAUSE WE HAVEN'T DONE THE WORK NECESSARY TO UNDERSTAND MARKET CONDITIONS OR ECONOMIES ASSOCIATED WITH WHAT THOSE PROPOSALS WERE HAVING DISMISSED THEM WHEN WE MADE THE DETERMINATION TO WITH SHAFER RICHARDSON COUNCIL ADDITIONAL QUESTIONS DISCUSSION ON THIS. THOUGHTS. COUNCILMEMBER LET'S REMEMBER NELSON AND I KNOW COUNCILMEMBER LOWMAN WANTED IT AS WELL AS PREMIER NELSON REFERRED. COUNCILMEMBER AND I DON'T MIND MS. SWISHER THAT SO YOU KNOW IT'S INTERESTING NELSON HAD HAD RAISED THIS IDEA OF THAT 25% REDUCTION, YOU KNOW, FROM THE RFP AND YOU KNOW, I THINK THAT YOU KNOW, GIVEN HOW YOU KNOW WHAT WE TALKED ABOUT MAYOR WITH REGARD TO YOU KNOW YOU KNOW TRYING TO DO AFFORDABLE HOUSING AND YOU KNOW IN IN THE UNITS IN WHICH THAT WE GET HERE THIS IS AN WHERE WE REALLY DO NEED A LOT OF ASSISTANCE. AND I THINK FROM MY COUNT HERE LOOKS LIKE WE LOST SOMEONE THE OF 22 UNITS IN THAT PROCESS. YOU WITH REGARD TO WITH REGARD TO PARKING AND SO I AM WONDERING IF IT MAKES SOME SENSE TO KIND OF GO BACK TO THIS AND SEE IF THERE'S A WAY THAT WE CAN KIND OF RECTIFY THAT AND GET US CLOSER TO THAT THAT THAT KNOW THOSE TWO THAT WERE LOST EITHER WITH REGARD TO YOU KNOW WHAT YOU KNOW WHAT STAFF HAS BROUGHT FORWARD. AND SO THAT'S JUST YOU KNOW, MY MY MY INITIAL IS AS I LOOK AT THESE THESE PIECES AND THEN, YOU KNOW YOU KNOW CERTAINLY AND I WANT TO I WANT TO JUST BE REALLY CLEAR THAT THE ORDINANCE PIECE I SHOULD LEAVE THAT THAT PIECE TILL THE END OF THE END OF THE BECAUSE I KNOW THAT THAT IS TECHNICALLY NOT A PART OF WE'RE DISCUSSING HERE. SO I WANT TO BE EXTREMELY CAREFUL ABOUT THAT YOU KNOW AND I YOU KNOW, I HAVE HEARD ABOUT THESE THINGS THAT ARE HERE AND I KNOW THAT WE YOU KNOW, WE'RE KIND OF I'M KIND OF GETTING AHEAD OF OURSELVES HERE. BUT I DO HAVE ABOUT YOU KNOW, GIVEN OUR OUR MISSION STATEMENTS AND OUR STRATEGIC PRIORITIES, THAT TYPE OF THING THAT YOU KNOW, THESE FALL WITHIN THAT AND I'M I'M RELUCTANT YOU KNOW GIVEN THE STANCES THAT WE'VE TAKEN, YOU KNOW, WITH OUR STRATEGIC PRIORITIES AND I KNOW WHAT THIS IS AS AT THAT LAST MINUTE I'M KIND OF IN A SENSE IN A TRICK BAG BECAUSE YOU KNOW WE HAVE SOMETHING BEFORE US MAYOR AND YOU KNOW, HOW DO WE, YOU KNOW, WRITE STANDARDS FOR SOMETHING, YOU KNOW, THAT WE HAVEN'T DONE THE PAST AND SO I'M AFRAID THAT, YOU KNOW, WE HAVEN'T ALREADY DONE SO I'M KIND OF IN A TRYING TO FIGURE OUT A WAY TO GET OUT OF THIS OUT OF THIS MESS. SO THAT'S WHAT I'M LOOKING TO YOU, MAYOR, BECAUSE I REALLY DO WANT TO STAY TRUE TO YOU KNOW YOU KNOW WHAT THE COMMUNITY ALL OF US CAME TOGETHER TO TO DEVELOP THOSE THAT MISSION STATEMENT AND WHEN IT COMES TO EQUITY AND INCLUSION I'VE GOT SOME GRAVE CONCERNS. WE GO DOWN THIS ROUTE JUST AS IT'S WRITTEN TODAY WITHOUT SEEING WHAT IS WHAT'S PUT TOGETHER COMPLETELY WITHOUT HAVING THAT WITH WITHOUT HAVING WHAT WE'RE NOT DISCUSSING TODAY THAT FINAL FINAL DIRECTION. SO IN TERMS HAVING SOME SOME DRAFT LANGUAGE ON WHICH IS IMPOSSIBLE RIGHT NOW AND I KNOW THAT'S ABOVE BEYOND THE SCOPE OF OF TODAY. YOU UNDERSTAND I'M SAYING I DO INDEED. IT'S A TREK BACK SO YEP. MR. RUBY THANK YOU, MR. MAYOR . COUNCIL MEMBERS I UNDERSTAND EXACTLY WHERE YOU'RE COMING FROM. COUNCILMEMBER LOWMAN I WOULD SUGGEST IF THE COUNCIL IS NOT SATISFIED WITH THE PROJECT THAT'S BEING PRESENTED THAT YOU DENY IT AND TELL US TO GO BACK OUT TO THE MARKET WHAT THE APPLICANT PRESENTED IS WHAT THE APPLICANT FEELS IS MARKET VIABLE GIVEN THE FINANCIAL CONDITIONS THAT EXIST TODAY. I'D ALSO REMIND THE COUNCIL THAT I THIS IS MEETING AN IMPORTANT MARKET NICHE IN OUR AND THAT ALL 100 OR ALL OF THE UNITS ARE AFFORDABLE AND IT'S FOR SENIOR APARTMENTS WE HAVE HEARD FROM THE COMMUNITY THAT THERE IS A NEED WITHIN THE COMMUNITY FOR AFFORDABLE LIVING AND THIS PROJECT WOULD BE MEETING THAT EXPRESSED NEED FROM THE COMMUNITY. SO I THINK IT IS CONSISTENT WITH OUR STRATEGIC PLAN. IF I MY DRUTHERS FRANKLY WE'D HAVE A PROJECT JUST BECAUSE THAT IT'S NOT A IT'S NOT IN ANY WAY A CARE CHARACTERIZATION OF SHERIFF RICHARDSON OR THE PROPOSAL THAT THEY'VE MADE. IT'S A HIGHLY VISIBLE INTERSECTION AND IF WERE A BETTER PROJECT OUT THERE I THINK WE PROBABLY WOULD HAVE DISCOVERED IT BECAUSE WE'VE BEEN TRYING TO DEVELOP THIS PROPERTY FOR TEN YEARS. RIGHT. AND SO IT THE MARKET CONDITIONS ARE SUCH THAT IT'S A VERY DIFFICULT PROJECT TO BRING FORWARD AND I THINK THAT SHAFER RICHARDSON HAS FOUND THE THE BEST WAY TO DO THAT. COUNCILMEMBER WE'RE LOOKING TO GET BACK IN AND AND COUNCILMEMBER MERTEN COUNCILMEMBER NELSON YEAH, THANK YOU. MAYOR ACTUALLY I APPRECIATE THOSE COMMENTS. CITY MANAGER WHAT I HEARD FROM SCHAFER RICHARDSON REPRESENTATIVE WAS THAT THEY THOUGHT THEY COULD GET MORE UNITS AND BOUGHT FOR SOMETHING THAT WE'RE REQUIRING AS A CITY AND SO I'M WONDERING IF IT MAKES SENSE TO EXPLORE THAT WITH MORE TIME. I YOU KNOW, I DO FEEL A LITTLE UNCOMFORTABLE APPROVING SOMETHING THAT'S SO DIFFERENT THAN WHAT THE RFP WAS WHEN THERE WERE OTHER IN THE MARKETPLACE THAT MAY HAVE BEEN ABLE TO DO SOMETHING AND MEET MORE OUR GOALS. AND SO I KIND OF HAVE THAT DUAL THING THAT I'M HEARING FROM THE THE PROJECT COORDINATOR THAT THEY COULD DO MORE AND I HAVE OTHER GROUPS THAT SAY THAT THEY COULD DO MORE AS WELL AND. WOULD IT MAKE ANY SENSE TO SPEND A LITTLE BIT MORE TIME WORKING ON THEM WHILE SIMULTANEOUSLY ADDRESSING THE CONCERNS THAT WERE RAISED MAKING SURE OBVIOUSLY EVERYONE IS TREATED AND CLASSIFIED CORRECTLY JUST IN MY MIND MAKES ABSOLUTE SENSE. I MEAN PEOPLE SHOULD FOLLOW THE LAW. I DON'T KNOW WHY THIS IS A HUGE QUESTION AND IT SHOULD BE PRETTY STRAIGHTFORWARD EVERYBODY THAT THEY DO THAT I TOTALLY RECOGNIZE THAT PEOPLE DON'T DO THAT AND THEY SHOULD BE HELD TO ACCOUNT FOR THAT. SO THOSE ARE MY COMMENTS. I'M JUST WONDERING IF A LITTLE BIT MORE TIME TO SEE IF WE CAN GET MORE UNITS GET SOME OF THOSE UNITS BACK, SEE WHAT THE CONCERN AND SEE WHAT THEIR IDEAS ARE IN TERMS OF DOING THAT OR AND OR SEE IF THERE'S ONE OF THE OTHER ONES THAT MAKES MORE SENSE AT THIS POINT GIVEN THE CHANGES THE SHIFT IN THIS PROJECT. BUT YOU KNOW, I THINK THEY'VE DONE GOOD HARD WORK AS THE CITY MANAGER HAS HAS MENTIONED IT'S A TOUGH IT'S A TOUGH PLACE IT'S A TOUGH PLACE TO DEVELOP AND THEY'VE GOT A PLAN AND THAT'S WHAT'S BEFORE US AND YOU KNOW IDEALLY YOU KNOW LET'S NOT LIKE PERFECT GET IN THE WAY OF GOOD SO. MR. RUBY THANK YOU MR. MAYOR AND COUNCILMEMBERS COUNCILMEMBER NELSON I THINK IT'S COMMENTS FULLY UNDERSTOOD WE HAD THE SAME CONVERSATION WITH THE COUNCIL ON THE PORCH IN A JOINT ON JULY 31ST ABOUT THE REDUCTION IN THE SCOPE THE PROJECT AND STAFF WERE DIRECTED TO MOVE FORWARD WITH THAT REDUCTION BASED ON THAT CONVERSATION AND SO IF IF WE'RE GOING TO GO BACK AGAIN AND CHANGE THAT DECISION FROM JULY 31ST, WE PROBABLY NEED PRETTY CLEAR DIRECTION ABOUT WHAT IT IS THAT WE'RE TRYING TO ACCOMPLISH AT THAT POINT. COUNCILMEMBER MARTIN THANK YOU. MAYOR. I APPRECIATE COUNCILMEMBER NELSON ALLUDING TO NOT MAKING THE PERFECT THE ENEMY OF THE GOOD BUT I GUESS COMING AT IT FROM THE PERSPECTIVE YES IS NOT 100% OF WHAT WE WERE IDEALLY HOPING BUT IT IS AN ITERATIVE OPPORTUNITY ON THE POLICIES THAT ARE HOLDING THE PROJECT BACK FROM ACHIEVING THAT AND OBVIOUSLY NOT KIND OF WITHIN THE SCOPE OF OF THIS CONVERSATION BUT LONGER TERM IT FEELS LIKE AN OPPORTUNITY TO INFORM THE NEXT ITERATION OF THE OPPORTUNITY HOUSING ORDINANCE THE LARGER CONVERSATION ABOUT THIS CODE REQUIREMENTS SO IT MIGHT NOT GET TO THAT THAT DREAM DESTINATION WITH THIS SPECIFIC PROJECT WE NOW HAVE STAKEHOLDERS IN THE ROOM THAT CAN TELL YOU EXACTLY THE NEXT PROJECT WOULD NEED IN ORDER TO GET YOU ACROSS THAT FINISH LINE AND THEN AT THAT POINT IT'S IN A COMPREHENSIVE FRAMEWORK AS OPPOSED TO THE SPECIFIC CONSTRAINTS OF THIS ONE LOT THIS ONE PROJECT THE ECONOMICS OF THIS COUNCILMEMBER DALLESSANDRO JUST MY COMMENTS ON THIS I THINK THAT I THINK NUMBER ONE, IF WE HAVE IF WE HAVE THE ABILITY TO INSERT INTO OUR EXPLICIT DEVELOPMENT AGREEMENT ON HERE AND IT SOUNDS LIKE BASED ON THE COMMENTARY WE GOT IN PUBLIC COMMENT PERIOD THAT SHAFER RICHARDSON IS A GOOD COMPANY THAT WILL DO THE RIGHT THING HERE. SO I'M NOT CONCERNED ABOUT THAT AS AS I CAN TELL ASSUMING WE ARE ABLE TO PUT IN THE LANGUAGE IT SOUNDS LIKE EVYBODY IS EXCED TO WORK WITH THEM AND HAVE THEM BUILD SOMETHING HERE IN BLOOMINGTON. SO LET'S THAT THAT'S TRUE. THE THE COMMENT I WOULD MAKE IS I DON'T I DON'T KNOWING THAT WE ALREADY KNEW THAT THESE REDUCTIONS WERE HAPPENING AND WE APPROVED THEM IN I DON'T WANT TO OPEN THAT CAN OF WORMS AGAIN MYSELF NOT TO MOSTLY BECAUSE I AM A FAN OF MOVING FAST GENERALLY SPEAKING AND I AM CONCERNED THAT ANY DELAY WE WOULD IN PART ON THIS FOR WANT OF YOU KNOW TEN MORE UNITS OR WHATEVER COULD RESULT IN SOMETHING DISASTROUS BECAUSE OF THE MARKET CONDITIONS WE HAVE VOLATILITY IN THE ECONOMIC CONDITIONS YOU KNOW NEXT THING YOU KNOW IT'S 50% MORE EXPENSIVE TO BUILD EVERYTHING RIGHT BECAUSE OF SOME STUPID THING THAT HAPPENED IN SUPPLY CHAIN OR WHATEVER AND AND YOU KNOW, LETTING MAKING SURE THAT WE GET THIS LOCKED DOWN THAT WE HAVE A, YOU KNOW, CONCERTED EFFORT TO GET 120 PLUS UNITS OF AFFORDABLE SENIOR LIVING INTO BLOOMINGTON FEELS LIKE A REALLY GOOD THING FOR US TO BE DOING. AND SO I, I LIKE THE IDEA THAT WE CAN HOLD THE DEVELOPER TO ACCOUNT IN ACCORDANCE WITH OUR VALUES IN ACCORDANCE WITH THE WORKER REQUIREMENTS THAT WE KNOW WE WANT TO ENFORCE. AND I LIKE THE IDEA THAT WE CAN MOVE THIS PROJECT FORWARD WITH THAT IN MIND IF WE CAN GET THAT DEVELOPMENT AGREEMENT PUT TOGETHER AND THEN IN TERMS OF CODE LIKE I SAID, I THINK THAT THERE'S OPPORTUNITY FOR US TO TO LOOK THAT MORE STRINGENT, STRINGENTLY AND WHAT IF WE'RE OPENING UP THE OPPORTUNITY HOUSING ORDINANCE? IF WE'RE OPENING UP THE THE WORK IN PROCUREMENT WHEREVER WE'RE DOING THAT TO TO MAKE SURE WE HAVE EXPLICIT, YOU KNOW, LANGUAGE AROUND WHAT WE WILL AND WON'T ACCEPT WHEN IT COMES TO WORKER WAGE THEFT, PREVAILING WAGE, YOU KNOW, THESE KINDS OF ISSUES THAT ARE JUST REALLY IMPORTANT. SO SO YOU KNOW, LET ME KNOW IF YOU WANT ME TO MAKE THE MOTION WHEN YOU'RE READY. I WANT TO MAKE SURE EVERYBODY'S HAD AN OPPORTUNITY TO SPEAK. I JUST WANT TO CHIME IN . I AGREE WITH YOU A LOT OF WHAT YOU SAID, COUNCILMEMBER DALLESSANDRO, THE FACT THAT THIS AND THE PORT AUTHORITY DID LOOK AT THIS OVER THE SUMMER AND GAVE THE GO AHEAD I THINK WE HAVE TO TAKE THAT INTO ACCOUNT. BODIES CAN CHANGE THEIR MINDS . I UNDERSTAND THAT BUT I THINK WE HAVE MADE AT LEAST THE INDICATION THAT WE WERE HAPPY AND COMFORTABLE WITH THIS MOVING FORWARD AS IT WAS. I ALSO I THINK AS ONE OF TWO MEMBERS OF THIS COUNCIL THAT WERE ON THE COUNCIL WHEN THE PROVINCE WHO PROPOSAL CAME FORWARD LO THESE YEARS AGO AND IF I RECALL I VOTED AGAINST THAT DEVELOPMENT SAYING SOMETHING BETTER WILL COME ALONG. WE CAN WAIT AND WE CAN GET SOMETHING THAT FITS OUR NEEDS AND OUR NICHE MORE PERFECTLY AND THAT WAS DECADE AGO AND I HAVE A LITTLE BIT GUN SHY THAT IF WE DO THAT AGAIN I'M WORRIED THAT WE'RE GOING TO BE LOOKING AT A BLANK PARCEL OF GROUND A ON A PRIME SPOT IN BLOOMINGTON FOR A NUMBER OF YEARS AND I DON'T WANT TO SEE THAT HAPPEN WOULD I ECHOING MR. FOR BOOGIE'S COMMENTS WOULD I LIKE SOMETHING BIGGER AND BETTER AND MORE FLASHY AND MORE IMPORTANT ON THAT? VERY IMPORTANT INTERSECTION? YES I WOULD BUT THIS IS WHAT WE'VE GOT IN FRONT OF US RIGHT NOW AND THIS IS WHERE WE ARE IN THIS CONVERSATION AND SO I APPRECIATE THE COMMENTS OF THE COUNCIL MEMBERS BUT I THINK THIS IS WORTH MOVING FORWARD ON AND ON AGREE WITH EVERYBODY'S COMMENTS THAT THE THE WAGE ISSUES AROUND THIS CERTAINLY NEED TO BE DEALT IN A VARIETY OF DIFFERENT WAYS AND I THINK WE'RE COMMITTED TO MOVING FORWARD ON THAT. BUT IN TERMS OF THIS LAND USE DECISION, THESE DEVELOPMENT AGREEMENTS PERSONALLY I'M READY TO MOVE THEM FORWARD, APPROVE THEM AND SEE THEM. COCILMEMBE NELN THANK YOU. MAYOR. D JUST LE TO NOT THAT ACTUALLY WASOT AT THAT PT OF THE MEETI SO THAT MAY B WHY I BRINGING CITIONS UP ON POINT. I ARRIVED LATE DUE TO A CONFLICT IN MYCHEDULE AND I WAS NOT IN THAT DCUSSION SO. AY THANK YOU. THANKS. THE CLARIFICATION CONSUL ANY ADTIONAL COMMENT IF NOT SEE WHERE WE ARE AND THI COUNCILMEMBER D'ALESSANDRO I'LL MOVE TO ADOPT AN ORDINANCE AMENDING THE ZONING IS A GREAT ONE. YES, THE ZONING MAP BY REZONING 700 AMERICAN BOULEVARD WEST FROM B-2 PD GENERAL COMMERCIAL PLAN DEVELOPMENT TO OUR M 100 PD HIGH DENSITY RESIDENTIAL PLAN SO MOST OF MY COUNCILMEMBERS DELLA SANDRO SECOND BY COUNCILMEMBER MARTIN TO ADOPT THE ORDINANCE AMENDING THE ZONING MAP BY REZONING 700 AMERICAN BOULEVARD WEST FROM B-2 TO AM 100. ANY FURTHER COUNCIL DISCUSSION ON THIS HEARING? NONE. ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED MOTION CARRIES SEVEN ZERO. COUNCILMEMBER D'ALESSANDRO WOULD YOU BE WILLING TO CONTINUE ON I WILL IF IT'S OKAY I'LL MAKE A COMMENT AFTER WE GET TO THE MOTION. VERY GOOD IF YOU CAN GET THE MOTION TO THE SECOND FLOOR FOR COMMENTS. GREAT MOVE TO APPROVE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR FIVE STOREY 128 UNIT SENIOR APARTMENT AND 1500 SQUARE FOOT OF COMMERCIAL SPACE AT 700 AMERICAN BOULEVARD WEST SUBJECT TO THE CONDITIONS AND CODE ATTACHED TO THE STAFF REPORT SECOND MOTION BY COUNCILMEMBER DALLESSANDRO SECOND BY COUNCIL MEMBER MARTIN TO APPROVE THE PRIVATE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE PROPOSAL AT 700 AMERICAN BOULEVARD WEST SUBJECT TO THE CONDITIONS IN THE CODE REQUIREMENTS ATTACHED TO THE STAFF COUNCIL COMMENTS ON THIS COUNCILMEMBER DALLESSANDRO I HAD A QUICK AND QUICK COMMENT QUESTION ON THE SPECIFIC LANGUAGE YOUR IT MENTIONS SUBJECT TO THE CONDITIONS AND CODE REQUIREMENT ATTACHED TO THE STAFF REPORT. IS IT POSSIBLE TO AMEND LANGUAGE IN ACCORDANCE WITH THE FOR THE PURPOSES OF MAKING NOTE THAT WE EXPECT CERTAIN THINGS IN THE IN THE DEVELOPMENT AGREEMENT OR SOMETHING LIKE THAT. I THINK THAT'S ENTIRELY IT'S ENTIRELY ACCEPTABLE AND I THINK WITH I'LL I'LL TURN TO THE CITY ATTORNEY TO TELL ME HOW TO DO THIS MOST EFFICIENTLY MAY REMEMBERS THE MOTION HAS BEEN MADE ON THE ON THE PRELIMINARY FINAL PLAT OR EXCUSE ME EXCUSE ME GOODNESS SAKES THE PRELIMINARY AND FINAL DEVELOPMENT PLANS WITH THESE VERY SPECIFIC NUMBERS AND UNIT COUNTS IN THEM AND BASED ON THE PRESENTATION AND INFORMATION IN THE STAFF YOU COULD GIVE DIRECTION STAFF AFTER YOU VOTE ON THAT PDP AND FINAL DEVELOPMENT PLAN. MOTION DIRECTING STAFF INCORPORATE THE ELEMENTS THAT YOU HEARD IN THE STAFF DISCUSSION IN A SEPATE MOTION AFTERWARDS. I THINK IT'S IMPORTANT TO KEEP THESE APPROVALS CLEAN. THE STAFF LANDRIEU STAFF PLANNING STAFF YEAH I'M GETTING NODDING HEADS ON THAT . THANK YOU. MS. MANAGER SO IS THAT CLEAR? WE YES. DO THIS AND THEN A SECOND MOTION DIRECTING STAFF TO VERY GOOD JOB ON THIS. THANK YOU. GOOD. OH OKAY. VERY GOOD. THAT WAS THE QUESTION SO WE HAVE A MOTION AND THE SECOND ON THE TABLE REGARDING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS ANY FURTHER COUNCIL DISCUSSION ON THIS HEARING NONE ON ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED MOTION CARRIES ONE WITH COUNCILMEMBER NELSON IN IN OPPOSITION VERY GOOD NOW COUNCILMEMBER DALLESSANDRO AS COUNCILMEMBER DALLESSANDRO SAID I THINK WE SHOULD MAKE A MOTION NOW TO DIRECT STAFF TO I CAN'T REMEMBER ALL THE WORDS HE SAID AND HIS MANAGER SHINE BUT TO TO FOLLOW IN WAYS THAT WE HAD TALKED ABOUT IN TERMS OF THE ISSUES WERE BROUGHT FORWARD THIS EVENING DO YOU REMEMBER? LET ME SEE IF I CAN FIND MY LANGUAGE FOR YOUR CONSIDERATION. MAYOR PLEASE. DIRECTING STAFF TO PREPARE AN AGREEMENT WITH SHAFER RICHARDSON THAT REQUIRES THE PRIME CONTRACTOR AND ITS SUBCONTRACTORS TO FOLLOW THE EMPLOYMENT LAWS HIGHLIGHTED DURING PUBLIC COMMENT. HOW'S THAT COUNCILMEMBER CARTER? I MAY SUGGEST ALL SUBCONTRACTORS BECAUSE I THINK THERE CAN BE SUBCONTRACTORS OF SUBCONTRACTORS OF SOME KIND, YOU KNOW, AND I DON'T WANT IT TO BE JUST THE ONES THAT SHAFER RICHARDSON SUBCONTRACTS. I THINK THAT WE NEED TO MAKE CLEAR THAT ALL SUBCONTRACTORS ON THE PROJECT NEED TO COMPLY . SO MAYOR, IF I COULD DO I'M GOING TO RESTATE IT IF YOU COULD PLEASE. DIRECTING STAFF TO PREPARE AN AGREEMENT WITH. SHAFER RICHARDSON THAT REQUIRES THE PRIME CONTRACTOR IN ALL SUBCONTRACTORS TO FOLLOW THE EMPLOYMENT LAWS HIGHLIGHTED DURING PUBLIC COMMENT COUNCIL. ARE WE COMFORTABLE WITH THAT DIRECTION TOWARD STAFF? VERY GOOD. I WOULD MAKE A MOTION THAT WE WE MAKE THAT MOTION AS IS EXPRESSED BY THE CITY ATTORNEY SO I CAN SECOND THIS AND COMFORTABLE WITH DENNIS. VERY GOOD. OKAY. I THINK I'M SORRY WHAT YOUR REACTION TO THAT FOR AN OKAY VERY GOOD I'M SENDING ABOUT THAT VERY GOOD VERY GOOD WE HAVE A MOTION IN A SECOND. I'M SORRY I MOVED TO THE SECOND ONE. IT WAS THAT COUNCILMEMBER CARTER WAS VERY GOOD QUESTIONS ON THIS SO COUNCILMEMBER UNKNOWN MAYBE I CAN MAKE A COMMENT. JUST GLAD I'M GLAD WE DID THIS BECAUSE I JUST I'M HAPPY THAT WE'RE AND HOPE THAT WHEN WE GET TO THE OUR ORGANIZATIONAL BUSINESS THAT WE CAN ALSO ADDITIONALLY IN ITS PROPER PLACE MOVE ANOTHER ORDINANCE WAGE THEFT AS WELL. I'M SO HAPPY TO SUPPORT THIS AND THAT LATER ON THIS EVENING COUNCILMEMBER DALLESSANDRO. QUICK QUESTION OF CLARIFICATION. SO AS THE MOTION IS STATED AT THE MOMENT IT SAYS AS AS INDICATED IN OR ADDRESSED AND NOTED IN PUBLIC COMMENT ARE WE GOING TO BE MORE SPECIFIC WHEN WE ACTUALLY WRITE THE AGREEMENT ABOUT THOSE PARTICULAR EMPLOYMENT LAW REQUIREMENT IS ARE. I ASSUME SO BUT I WANT TO LOOK LOOKED IN THIS MATTER SHOULD ME REMEMBER? YES WHAT I PLAN TO DO IS LISTEN TO IT AND I'M SURE STAFF WILL AS WELL BUT THESE ARE THE ONES THAT I GOT DURING PUBLIC TESTIMONY JUST SO YOU KNOW WHAT'S IN MY HEAD IS CLASSIFICATIONS CONDITION SO I WROTE THAT SHORTHAND I THINK WORKSITE CONDITIONS TRAFFICKING AND PEDERNALES GENERICALLY SPEAKING IN THOSE CATEGORIES BUT WE'LL LISTEN TO THE TAPE AGAIN AND MAKE SURE WE HAVE CAPTURED EVERYTHING FROM PUBLIC TESTIMONY. THANK YOU, COUNCILMEMBER NELSON. TWO QUESTIONS IS IT POSSIBLE THAT WE DIDN'T HEAR EVERY EMPLOYMENT LAW MIGHT BE OF INTEREST IN PUBLIC HEARING AND SHOULD MAKE IT MORE BROAD TO JUST TO HAVE MORE I MEAN AND THEN MY SECOND QUESTION IS OR JUST FOR CLARIFICATION WE'RE NOT ASKING SHAFER RICHARDSON TO DO ANYTHING MORE THAN IS ALREADY REQUIRED LAW. WE JUST WANT TO ENSURE WE WANT TO MAKE SURE THAT WE HAVE THAT IN OUR AGREEMENT GIVEN THE PUBLIC BUT WE'RE NOT ASKING FOR ANYTHING OUTSIDE OF WHAT'S ALREADY REQUIRED OF THEM. IS THAT ACCURATE? SO TO PART MAY REMEMBER IS CORRECT OUR OUR STANDARD TEMPLATE FOR DEVELOPMENT AGREEMENTS ALREADY REQUIRES COMPLIANCE WITH THE LAW GENERICALLY SPEAKING THESE ARE EMPLOYMENT LAWS THAT ARE THAT WE'RE TALKING ABOUT HERE BOTH FEDERAL AND STATE AND UM THEY ALREADY HAVE TO COMPLY ALL OF THOSE WHAT I SUSPECT WILL COME OUT IN THE DRAFTING IS SOME REPORTING REQUIREMENTS AND SORT OF STATEMENTS EVIDENCE OF COMPLIANCE WHICH WOULD BE MY SUSPICION ALTHOUGH OBVIOUSLY WE HAVEN'T DRAFTED ANY WORDS YET BUT ALL OF THE GENERIC AND SPECIFIC EMPLOYMENT LAWS ARE ALREADY REQUIRED TO BE COMPLIED WITH. COUNCILMEMBER NELSON, QUICK FOLLOW UP. YEAH, QUICK FOLLOW UP. IS IT POSSIBLE AND I DON'T KNOW IF SHE'S INTERESTED TO GET ANY FEEDBACK FROM SHAFER RICHARDSON ON THIS BECAUSE THIS WAS NOT ON THE AGENDA THAT THE POSSIBILITY AND I HAVE NO IDEA IF YOU WANT TO EVEN SAY ANYTHING ABOUT IT OR NOT OR LET ME ADD ONE MORE QUESTION FROM COUNCILMEMBER CARTER AND THEN YOU IF YOU WANTED TO BRING SOMETHING FOR I WOULD BE HAPPY TO LISTEN. COUNCILMEMBER CARTER YEAH. THE OTHER THING THAT I HEARD IN THAT I MENTIONED EARLIER WAS THE CLAWBACK AND I DON'T THINK THAT THAT IS PART OF STATE LAW. I YOU KNOW, I THINK WE ARE ALLOWED TO PUT THAT INTO CONTRACTS BUT I DON'T. SO ALTHOUGH THERE ARE EMPLOYMENT LAWS DON'T THINK CLAWBACK LANGUAGE IS, YOU KNOW PART OF THAT AND I COULD BE COMPLETELY WRONG BUT I JUST THINK THAT HAVING SOME KIND OF YOU KNOW ACCOUNTABILITY ENFORCEMENT MECHANISM REPORTING RIGHT IN CASE SOMETHING DOES GO WRONG I JUST THINK IT ENSURES ENSURE COMPLIANCE IN A MUCH BETTER WAY. SOME OF YOUR MEMBERS IF I MAY I WROTE IT I WROTE THAT DOWN COUNCILMEMBER CARTER THE ONE REASON THAT I'M A LITTLE HESITANT TO SPECIFICALLY ABOUT THIS I WANT TO TAKE A LOOK AT THE SHOW AND SEE WHAT LANGUAGE IN THAT BECAUSE I SUSPECT THAT THERE'S SOME REQUIREMENTS THERE AND I IF WE HAVE IT ALREADY IN OUR CODE WE WOULD RELY ON THAT. ALL RIGHT. IS ANTHONY WE BUNDLED A LOT UP HERE FOR YOU ON SOME VERY GOOD. SO NO MR. MAYOR, MEMBERS OF THE COUNCIL I APPRECIATE THE OPPORTUNITY TO COME BACK UP. IT'S A LOT AND I APPRECIATE THE EFFORT DO THE RIGHT THING WHICH IS WHAT I'M HEARING FROM YOU ALL TONIGHT IS THAT YOU WANT TO MAKE SURE THAT YOU'RE DOING THE RIGHT THING AND THAT YOU'RE FOLLOWING YOUR VALUES AND THAT'S THE WAY THAT WE OPERATE. WELL. FOR THE RECORD, WE WE AGREE WITH EVERYTHING THAT WAS SAID TONIGHT IS IT IS OUR POSITION THAT EVERY EMPLOYEE WHO STEPS ON OUR SITES IS TREATED FAIRLY IS PAID FAIRLY AND THAT OUR CONTRACTORS ARE HELD TO THAT STANDARD BEFORE. WE GO OUT AND SELECT A CONTRACTOR. WE TALK TO THEM SPECIFICALLY ABOUT THAT EXPECTATION. THE CONTRACTOR WE ARE PLANNING TO USE FOR THE SITE HAS A COMPLIANCE PROGRAM. WE'RE HAPPY WORK TO PROVIDE INFORMATION ON THAT AND MAKE SURE IT'S ROBUST AS. BUT I JUST WANT TO MAKE THE POINT CLEAR THAT THAT IS OUR EXPECTATION. IT IS OUR VALUES THAT MARRIES WHAT TALKING ABOUT TONIGHT AND WE DON'T HAVE A PROBLEM COMPLYING WITH WITH THE LAW THAT'S OUR EXPECTATION. AS MR. MCCONNELL DISCUSSED, WE WITH THE UNIONS REGULARLY WE WORK WITH AFL-CIO. THEY'RE OUR SPONSOR ON ACTUALLY TWO PROJECTS FOR ALMOST 350 AFFORDABLE UNITS IN THE METRO AREA. THERE IS NO CONFLICT FOR US IN THAT REGARD. AND TO YOUR POINT, COUNCILMEMBER NELSON, WE WE WILL FOLLOW THE LAW. WE ALWAYS ENDEAVOR TO FOLLOW THE LAW. I THINK THAT IT'S AN IMPORTANT CONVERSATION TONIGHT AND WE'RE HAPPY TO BE PART OF THE SOLUTION. I DID WANT TO MENTION JUST FROM A TIMING STANDPOINT THAT AS AS SUCH WHERE THE AFFORDABLE HOUSING PROJECTS THERE ARE TIMELINES THAT GO ALONG WITH FUNDING YOU ALL APPROVED A PROPOSAL FOR US TO PURSUE PURSUE HOUSING CONDUIT BONDS IF WE'RE SUCCESSFUL THAT IN JANUARY IT DOES START A CLOCK. I JUST WANT MAKE THAT CLEAR BECAUSE I WOULD HATE TO LOSE OUT ON THAT OPPORTUNITY FOR FINANCING WHILE YOU ALL ARE CREATING AND DEBATING AND SEEKING PUBLIC ON A VERY IMPORTANT POLICY FOR YOUR CITY. SO WE'RE HAPPY TO BE YOU KNOW, TO DO WHAT WE CAN TO MAKE SURE THAT OUR PROJECT IS ACCOUNTABLE WHICH WE EXPECT TO MEET WITHOUT HAMSTRINGING THE PROJECT FOR MOVING FORWARD AND LOSING OUT ON THAT IMPORTANT FINANCING THE CITY PUTS TOGETHER AN IMPORTANT ORDINANCE. SO ANY QUESTIONS FOR ME? QUESTIONS FROM HIS OPENING. THANK YOU FOR THOSE COMMENTS. IT'S DONE AND I, I WE DIDN'T IMPLY THAT WE WERE CASTING ASPERSIONS IN ANY WAY ON SCHAFER RICHARDSON IN TERMS OF YOUR WILLINGNESS AND YOUR YOUR ABSOLUTE COMMITMENT TO UPHOLDING THE LAW BECAUSE I DON'T THINK THAT WAS THE INTENTION I THINK THE INTENTION WAS JUST TO MAKE SURE THAT THAT AGAIN ALL WORKERS ARE TREATED FAIRLY, ALL WORKERS ARE TREATED EQUALLY AND THAT THE VALUES OF THIS COMMUNITY ARE UPHELD. SO ABSOLUTELY. THANK YOU. THANK YOU. MR. FAROOQUI, YOU HAD YOUR MICROPHONE ON YOU FOOL ME THERE. YEAH, I HAVE NO ADDITIONAL COMMENT. OKAY THANK YOU, COUNCILMEMBER LOWMAN. SORRY. JUST JUST QUESTION JUST A LITTLE CONCERNED ABOUT THE CLAWBACK LANGUAGE IF WE HAVEN'T DONE THAT BEFORE AND THAT'S NOT SOMETHING THAT'S LAW THERE JT AITTLE BIT NVOUSBOUT TRYING DO THAT. THAT'S WHY I PREFER TO HAVE SOMETHING LIKE THAT PLACED IN AN ORDINANCE THAT WE WORK THROUGH. I'M JUST CONCERNED ABOUT THAT MAY PUT THE CITY IN AN ADVERSE POSITION IF I'M WRONG WITH THAT I'M HAPPY TO SUPPORT THAT BUT I'M CONCERNED ABOUT THAT WELL COUNCILMEMBER I THINK THAT'S WHY THIS MATTER. SHAD SAID WERE GOING TO TAKE A LOOK AT IT AND SEE HOW IT APPLIES TO THE OHSU AND OTHER WORK THAT WE'RE DOING AND IF IT MAKES SENSE AND IT FITS YES IF NOT WE COULD CERTAINLY INCLUDE IT IN OTHER ORDINANCE POSSIBILITIES OR I'M SURE OUR LEGAL STAFF WILL LOOK AT DIFFERENT WAYS THAT WE COULD SKIN THAT CAT. THANK YOU MAYOR. I JUST WANT TO JUST HAVE THAT ON THE RECORD AS IF I SUPPORT THIS AND I DO PLAN ON SUPPORTING IT THAT THAT'S MY MY ONE CONCERN WITH THAT WITH THAT PIECE SO VERY GOOD. ALL RIGHT. ARE WE ALL GOOD? WE I THINK WE HAVE THE MOTION AND THE SECOND ON THE TABLE WORKING ON THE TABLE AND I'M JUST MAKING SURE EVERYBODY HAS CHIMED IN . ALL RIGHT. AT ONE POINT I THINK THIS IS GOING TO COME BACK I KNOW IT'S GOING TO COME BACK. IT'S GOING TO COME BACK TO COUNCIL FOR APPROVAL, WRITE THE ACTUAL DEVELOPMENT AGREEMENT. AND SO FROM THAT YES. NOT THE NOT THE ORDINANCE BUT THE DEVELOPMENT AGREEMENT ITSELF. YES. SO BOTH THOSE THINGS BUT THEY'RE NOT THEY'RE NOW PARALYZED. THEY'RE NOT ON THE SAME TIMELINE CORRECT. WE'RE NOT GOING TO IMPACT THE TIMELINE THAT WAS OF CONCERN TO CORRECT SHAFER RICHARDSON OKAY GREAT GREAT WONDERFUL WHAT THAT YOU JUST CAN'T NO FURTHER COUNCIL DISCUSSION ON ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED MOTION CARRIES SEVEN ZERO THANKS SO MUCH FOR THE CONVERSATION AND THANKS TO ALL FOR THE CONVERSATION WAS AN IMPORTANT ONE TO HAVE AND I'M GLAD WE FINALLY WE'VE KIND OF DANCED AROUND THIS A BIT IN THE AND I'M GLAD WE FINALLY DID HAVE THIS CONVERSATION I THINK IT WAS ON THE AGENDA NEXT YEAR AT SOME POINT BUT I'M GLAD WE GOT TO IT THIS YEAR AND GOT IT UNDER UNDERWAY AND THANKS MY MANAGER SKYDANCE PROBABLY FOR YOUR INPUT ON THIS. I THINK IT'S VERY HELPFUL WHEN YOU'RE ABLE TO CHIME IN AND GIVE US SOME AND KEEP US OUT OF TROUBLE BASICALLY. SO I APPRECIATE THAT AS WELL VERY GOOD. THANK YOU ALL. WE WILL MOVE ON TO OUR FINAL PUBLIC HEARING OF THE EVENING. THIS IS OUR PUBLIC HEARING OUT IN 4.5 AN HOUR. MISCELLANEOUS ISSUES FOR ORDINANCE 2023. THIS IS A YEARLY TOE TAPPER FOR EVERYBODY. THIS IS WHEN WE DO THIS ANNUALLY JUST TO CLEAN UP SOME OF OUR ORDINANCES AND SO ON AND MALORY RICK DALTON I DON'T KNOW THAT WE HAVE SEEN YOU IN FRONT OF COUNCIL BEFORE. WELCOME. THANK YOU. THANK YOU. IT'S GOOD TO BE HERE. THERE WAS THE SCRAMBLING EGG ORDINANCE IN JULY BUT OH OKAY . YEAH SORRY. MY MEMORIES YOU ALL AGAIN MY MEMORIES THAT WONDERFUL TIME OF YEAR. WELCOME BACK. THANKS. THANK YOU. THANK YOU AND HAPPY MISCELLANEOUS SEASON TO YOU ALL SO YEAH MISCELLANEOUS SEASON IS UPON US AND YEAH SO THINK COUNCIL MEMBER MOA YOU'RE THE NEW FACE IN THE CROWD THIS YEAR. HELLO. NICE TO MEET YOU. SO WE PREPARE ORDINANCES AND WE BUNDLE THEM TOGETHER BECAUSE USUALLY THEY DON'T ON THEIR OWN MERIT THE TIME OVERHEAD OF PROCESSES OF OF WRITING A REPORT AND GOING THROUGH PLANNING COMMISSION SO WE BRING THEM TOGETHER AND AND SO WE HAVE 18 AMENDMENT OR ORDINANCE PROPOSALS FOR YOU TODAY SO THIS YEAR WE DEVELOPED NEW PROCESS FOR MISCELLANEOUS WHICH IS COMPRISED OF OF FOUR SORT OF OF OF FOUR TENANTS WHICH IS WE CREATED ONE AVENUE WHERE PROPOSALS THAT WERE SUGGESTED FROM THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING DIVISION HAD ONE ONE ROUTE TO GO WHICH IS OUR SHAREPOINT SITE BUT BECAUSE OF THAT IT USED TO COME FROM A LOT OF DIFFERENT PLACES THEN CRTED COMMUNICATN ISSUES. WE OPENED THE WINDOW SO MARCH THROUGHEPTEMBER WE H THE ENTIRE TE OPEN SO THAT IF ANYONE SAW ANYING IN OUR CODEHAT LOOKED LIKE TYPOR SOMETHIN THAT WAS UNCLE OR CAED ANNFORCENT ISSUE THAT TY CLD BNG I AND REPORT IT DECTLYO US. SECOLY, WE CATED A CONTINUAL PR REVIEW PROSS D WHAT THIS LOOKED LIKE WAS QUTERLY A OURLL STAFF MEING A PNNING DIVISIO WEOULDANKACH OTHE PROPOS ORDANCES BAS ON FOUR DIFFERENT CRITERIA. THE MOST IMPORTANT BEING DOES THIS FIT THE SCO OF WHAT IS REIRED OF A MISCELLANEOUS ISSUE WHICH IS AN ISSUE THAT DOES NOT OF ITS OWN GET A PUBLIC HEARI. SO THAT'S USUALLY THE FIRST PRIORITY PRIORITIZATION. WE ALSO LOOKED AT IMPACT WE LOOKED AT DIFFICULTY AND WE LOOKED AT WHAT WAS THE OTHER ONE. NOW IT'S SLIPPING MY MIND IMPACTS IMPACT COMPLEXITY THAT WAS THE OTHER ONE AND SO AS AS FAR AS COMPLEXITY AND DIFFICULTY THINGS IN ITS OF THEIR OWN DID NOT CONTRIBUTE TO THE PRIORITIZATION CRITERIA THOUGH IN A YEAR THAT WE HAVE MAYBE 40 PROPOSALS FOR MISCELLANEOUS ISSUES IT BE USED TO PRIORITIZE WHICH ONES WOULD BE MOST IMPORTANT FOR THAT YEAR'S PROCESS. I ALSO WANT TO SAY WE DID LOOK AT IMPACT AS A AS EVIDENCE FOR IS THIS A PROJECT THAT MIGHT REQUIRE THE RAPID RACIAL EQUITY IMPACT ANALYSIS AND SO THIS YEAR BECAUSE WE DID SOME DATA GATHERING THROUGH OUR PEER REVIEW PROCESS NONE OF OUR PROJECTS RANKED ABOVE A FOUR WHICH THEN REQUIRES RAPID RACIAL EQUITY IMPACT ANALYSIS. WE DID HAVE SOME THAT IN THE THREES AND SO THAT WAS KIND OF AN AREA WHERE WE HAD TO WORK WITH OUR COLLEAGUES IN THE OFFICE OF RACIAL EQUITY AND INCLUSION AND WE ALSO ASKED PLANNING COMMISSION IS THIS SOMETHING THAT WARRANTS A RAPID RACIAL EQUITY IMPACT ANALYSIS AND THE COMING BACK FROM OUR PARTNERS AND FROM PLANNING COMMISSION WAS THAT THERE WASN'T WHICH IS GREAT BECAUSE THAT MEANS THAT WE ARE TOTALLY HITTING THE MARK ON WHAT IS A MISCELLANEOUS ISSUE. SO THAT IS OUR PROCESS A LITTLE BACKGROUND ON OUR PROCESS YEAR HERE'S OUR TIMELINE WE'RE HERE IN DECEMBER AND SO THIS SAYS WE'VE BEEN OPEN SINCE MARCH AND ONCE WE PUT PLACE THE NEW PROCESS AND HERE WE ARE HAPPY DECEMBER THERE IT IS THERE'S THE ANIMATION YOU ALL KNOW AND LOVE. OKAY SO WE HAVE CLEANUP ITEMS THAT ARE ON LEFT HAND SIDE OF THE TABLE AND THOSE ARE ITEMS A THROUGH AND I WILL GO THROUGH THOSE RATHER QUICKLY THIS EVENING AND THEN WE HAVE J THROUGH ARE WHICH ARE MORE AND THOSE ARE THE ITEMS THAT I WILL SPEND A LITTLE MORE TIME COVERING TODAY BUT I HAVE WE CAN ALWAYS GO BACK IF THERE'S ANY QUESTIONS. OKAY. SO GETTING STARTED WITH THE ORDINANCES THEMSELVES WE HAVE ORDINANCE A WHICH IS A BLANK SUBSECTION AS IT EXISTS THIS HAPPENED IN 2006 WHEN THE ORDINANCE LANGUAGE WAS WRITTEN AND SO YOU SEE THAT ON LINE L AND IT HAS A SUBSECTION OF ONE AND THOSE TWO WERE ON THE SAME LINE WHICH THEN CREATED OOPS AND THEN CREATED A GAP AND SO OUR PLAN OR OUR PROPOSAL IS TO CLOSE THIS GAP BY MOVING THE LANGUAGE UP ALIGN OKAY SECOND IS TYPE TO HOME BUSINESS SO NOTES ON THIS ONE IS THAT A COUPLE OF YEARS AGO WAS AN AMENDMENT TO CHANGE THE FINAL DECISION MAKER TO A42 PLANNING COMMISSION FOR A C UP BUT THIS STANDARD WAS MISSED AND SO WE SUGGEST JUST STRIKING THE APPROVED BY CITY COUNCIL BECAUSE THE NORMAL CONDITIONAL USE PERMIT PROCESS IS APPROVED BY THE PLANNING COMMISSION OKAY YOU MAY NOTICE THIS ONE FROM LAST YEAR THIS IS OUR SITE WITH DIAGRAM WE HAD TO IT AGAIN AS YOU CAN SEE THE SITE WITH MEASUREMENT LINES NOT CURVILINEAR AS THEY ARE SHOWN IN THE DIAGRAM THAT WE APPROVED LAST YEAR THEY ARE STRAIGHT ACROSS WHICH IS AN IMPORTANT DISTINCT DISTINCTION. SO WE HAVE UPDATED THE SITE WITH DIAGRAM TO SHOW THE LINES ARE STRAIGHT AND MATCHING OUR DEFINITION OF HOW SITE WHEN MEASUREMENT LINES ARE DRAWN AND MEASURED ITEM D IS NOT SUPER EXCITING BUT THIS IS THERE IS AN INCORRECT LINK SO CHAPTER 21 IS ACTUALLY FOR RECREATIONAL STANDARDS INSTEAD OF WHAT IS INTENDED TO REFLECT WHICH IS TO SAY SINGLE FAMILY DWELLING STANDARDS. SO AN IMPORTANT DISTINCTION DISTINCTION SO ITEM E SO HEIGHT ALSO DOES PLAY INTO THE SETBACKS IF A STRUCTURE IS OVER A CERTA HEIGHT THEN THE SETBACK IS ACTUALLY LARGER. THIS IS CONFUSING THE THE WAY THAT IT IS WRITTEN IN CODE. SO OUR SUGGESTION IS TO MOVE THE POINT EIGHT UNDERNEATH THE TABLE UNDER AN ASTERISK THAT SAYS THAT TWO FAMILY DWELLING STRUCTURES MUST MEET THE HIGH LIMITS OF THE CITY CODE AND THEN IT PROVIDES THE LINK TO THE CODE JUST FOR CLARITY. OKAY PERIMETER OFFENSIVE. SO THIS ONE THE PERIMETER FENCING ACCIDENTALLY LISTS OUR DRIVE THRU STANDARDS INSTEAD OF IS INTENDED WHAT IT IS INTENDED TO SHOW WHICH IS OUR FENCE STANDARDS. SO WE ARE PROPOSING TO UPDATE THAT SO THAT DOES NOT EXIST ANYMORE. OKAY THIS IS A GOOD ONE. THIS IS SECTION 20 150201C PROCESS AND FEES WE NO LONGER HAVE AN RV PERMIT DENIAL WE WOULD LIKE TO REMOVE THAT FROM THE TABLE. OKAY PROCESS H. LAST YEAR MISCELLANEOUS ISSUE SOUGHT TO REPLACE INFORMATION IN OUR TABLES AS IN TERMS OF FEES PROCESSES AND FEES AND THE FEES NOW EXIST IN APPENDIX A. HOWEVER MISSED ONE AND SO WE WOULD LIKE TO CHANGE THE PURPOSE STATEMENT TO DIRECT THE READER TO A BOTH UNDER SUB POINT A AND WITHIN THE TABLE OR ABOVE THE TABLE FOR SUBSECTION C OKAY TEMPORARY BORINGNESS OKAY SO THIS ONE COMES TO US FROM OUR ENVIRONMENTAL HEALTH COLLEAGUES. I KNEW MINNESOTA STATE STATUTE MOVED THE DEFINITION OF TEMPORARY BORING FROM WHERE IT WAS AND THEN REPLACED IT WITH THE DEFINITION OF AN ENVIRONMENTAL WELL WHICH BY DEFINITION NO LONGER INCLUDES WELLS THAT ARE SEALED WITHIN 72 HOURS BECAUSE OUR HEALTH COLLEAGUES SAYS THAT REMOVING TEMPORARY BORINGS STATE CODE STANDARDS WILL ALIGN WITH THE STATUTORY DEFINITION CHANGE REQUIRED BY THE NEW MINNESOTA STATE LAW. OKAY SLIDE 15 N SO THIS THIS IS WE'RE GETTING INTO MORE SUBSTANTIVE ONES SO WE'RE REALLY TURNING UP THE HEAT HERE THE OUR THREE STRUCTURE STANDARDS DO NOT HAVE A PROVISION THAT DETACHED ACCESSORY STRUCTURES CAN BE CLOSER TO THE REAR PROPERTY LINE THAN 30 FEET WHICH IS ALLOWED AND YOU CAN SEE HERE ON THE SCREEN IN OUR FOUR WHICH IS DIRECTLY BELOW THE TABLE SORRY ABOUT THAT AND AND SO WE WOULD LIKE TO BE CONSISTENT WITH THAT SO. THE APPROPRIATE LANGUAGE IS THAT THE THE REQUIREMENT IS 30 FEET BUT TEN FEET IS ALLOWED FOR GARAGES AND ACCESSORY BUILDINGS THAT ARE NOT CONNECTED TO THE SANITARY SEWER WHICH IS THE EXAMPLE THAT IS DIRECTLY BELOW IT FOR ITEM K THE FARMER'S MARKET DEFINITION OUR FARMER'S MARKET WHICH IS A USE IN OUR USE TABLE DOES NOT CURRENTLY HAVE A DEFINITION. IN 1903 SO WE WOULD LIKE TO ADD THE DEFINITION OF A FARMER'S MARKET AND WE WOULD LIKE IT TO MATCH THE CHAPTER DEFINITION WHICH EXISTS IN SECTION 14 601 THE APPLICATION FORM SO STRICT ADHERENCE FOR THE PROCEDURE THAT WE REQUIRE PROPERTY TO COMPLETE A SPECIFIED APPLICATION FORM FOR THE ADMINISTRATION OF FINAL SITE AND BUILDING PLANS PRELIMINARY DEVELOPMENT PLANS, FINAL DEVELOPMENT PLANS, CONDITIONAL USE PERMIT MASTER SIGN PLANS DOES PRESENT INEFFICIENCIES WITHOUT ANY ADDITIONAL VALUE? SO WE PROPOSE THAT A LETTER GRANTING PERMISSION FOR THE ADMINISTRATION OF THESE PROCESSES IS SUFFICIENT TO ENSURE THAT THE PURPOSE AND THE INTENT OF THIS REQUIREMENT WITHOUT NEEDING TO SIGN A VERY SPECIFIC FORM AS IT IS CURRENTLY STATED. OKAY NONCONFORMING TRIGGERS OH THIS ONE WAS MY IDEA CODE CURRENTLY DICTATES NONCONFORMING SITE CHARACTERISTICS SHALL BE BROUGHT INTO CONFORMITY IF 25% OF AN IF THERE'S 25% OF AN INCREASE IN FLOOR AREA THAT HAS OCCURRED IN PAST THIS HAS BEEN INTERPRETED AS CUMULATIVE BUT IS NOT EXPLICITLY STATED IN CODE SO WE PROPOSED WITHIN THIS AMENDMENT IS THAT WE SPECIFY THAT THE THAT THIS IS CUMULATIVE OF THE FLOOR AREA AFTER THE DATE WHICH THIS PROPOSED ORDINANCE IF APPROVED IS PUBLISHED AND WHICH WOULD BE PROSPECTIVELY DECEMBER 28TH FOR 80 NEW LOCATION CODE DOES NOT CURRENTLY DICTATE THAT ACCESSORY DWELLING UNITS ARE SUBJECT TO THE STANDARD THAT PROHIBITS THEIR LOCATION BETWEEN THE PRINCIPLE AND THE STREET ACCESSORY STRUCTURES THAT ARE NOT ADUS NOT DO THIS SO WE PROPOSE THAT WE CHANGE THE ADU STANDARDS TO INDICATE THAT SUCH BUILDINGS MAY NOT EXIST WHEN THEY ARE PLACED BETWEEN BETWEEN THE PRINCIPAL STRUCTURE AND THE STREET DISPLAYS OF MERCHANDISE. OKAY FOR DISPLAYS OF MERCHANDISE WE DID TWO DIFFERENT SMALL CO CHANGES. ONE IS IN 1903 AND THEN TO INCLUDE INSTALLATIONS THAT ARE EQUIPMENT OF PERSONAL CONVENIENCE LIKE AMAZON LOCKERS OR UPS DROP BOXES. AND WE ALSO UPDATED EXTERIOR STORAGE STANDARDS IN CHAPTER 21 TO TO MAKE SURE THAT SUCH INSTALLATIONS DO NOT IMPACT VEHICLE ACCESS LANES AND ALSO WE WANT TO PROHIBIT INSTALLATIONS WHICH ARE NOT TO THE PRIMARY USE OF THE PROPERTY THE FENCE STANDARDS. SO THIS THIS ONE IS IN RELATION TO THE UPDATES THE SINGLE AND TWO FAMILY STANDARDS SPECIFICALLY THE OF THE PREVAILING FRONT SETBACK AND THE R-1 ZONING DISTRICT. SO BECAUSE OF THAT THIS SHIFTED HOW CODE IS INTERPRETED SO THE WAY THAT IT HAS DONE SO THOUGH MEANS THAT YOU CAN AFFECT IF WE BUILD AN EIGHT FOOT FULL OPACITY OPACITY IN A RESIDENTIAL AREA AT A 30 FOOT SETBACK WE FELT THAT THIS DOES NOT SUPPORT THE PURPOSE AND INTENT OF THE FENCE CODE WHICH IS TO SAY WE SHOULD ALLOW FOR FENCES TO ALLOW FOR PRIVACY BUT GENERAL WE WOULD LIKE TO MAINTAIN AN OPEN DESIGN ALONG STREETS AND TO LIMITS LINE OBSTRUCTIONS. SO WE PROPOSED THAT RESIDENTIAL FENCES MAY RISE TO A HEIGHT OF EIGHT FEET IF IT MEETS MORE THE STANDARDS OF WHAT EXISTED BEFORE THE PREVAILING SETBACK WAS REMOVED WHICH IS SUCH FENCES MUST EITHER MEET THE 65 FOOT SETBACK WHICH WAS THE MAXIMUM WHICH WAS REQUIRED UNDER PREVAILING SET BACK RULES AND THE FENCES SHOULD BE LOCATED WITHIN THE SIDE OR REAR YARDS WHICH ARE NOT A BUDDY A BODY INDUSTRY MUST MEET MUST MEET THE STRUCTURE SETBACK SO YOU CAN'T HAVE A FENCE BETWEEN STRUCTURE AND THE SIDE YARD SETBACK THAT EIGHT FOOT AND FULL OPACITY AND TAKE SLIDE 22 CURRENT CODE DOES NOT INDICATE THAT VEHICLE REPAIR MAJOR AND VEHICLE REPAIR MINOR A USE TYPES ARE INTENDED TO TAKE PLACE WITHIN THE REPAIR FACILITY AND SO THIS OMISSION OF THIS REQUIREMENT MAY IMPLICITLY ALLOW INDUSTRIAL ACTIVITIES TO TAKE PLACE IN THE LOT OR IN AREAS NOT INTENDED FOR THIS USE WE ADDED THE WORDS INSIDE A BUILDING TO THE DEFINITION BOTH A VEHICLE REPAIR MAJOR AND VEHICLE REPAIR MINOR. OKAY SO I'M GETTING TO THE END HERE WINDOW COVERINGS REQUIREMENTS ARE DIFFERENT AND THE HSR DISTRICT THAN THEY IN ANY OTHER COMPARABLE ZONING DISTRICTS SPECIFICALLY. THERE'S NO PROHIBITION ON FIL IN H AND THEETHOD ESTABLISH PCENTAGE LCULATIO ISOT NSISTE. SO WE WOU LIKE TO AMEND OUR WINTER COVERIN REQREMENTS FO THE H DISTRIC TO MAT THEOMPARABL ZONING DISTRICT AND SO STAFF RECOMMENDS APPROVAL USING FOLLOWING MOTIONS. WE HAVE TWO DIFFERENT MOTIONS. WE HAVE ITEMS A THROUGH II WHICH ARE THOSE QUICK CLEANUP ITEMS AND THEN WE HAVE J THROUGH R WHICH ARE THOSE SOMEWHAT MORE SUBSTANTIVE THAN QUICK CLEANUP ITEMS. AND THEN WE ALSO HAVE A SUMMARY OF PUBLICATION AS VERY GOOD. THANK YOU COUNSEL QUESTIONS COUNCILMEMBER DALLESSANDRO AND THEN COUNCILMEMBER LOMAN. RIGHT. LET'S GO TO PN FIRST. OKAY. THANK YOU, MR. MAYOR. NICE TO SEE YOU. MY MY QUESTION IS WHY DO WE LIKE I MEAN IT FEELS SOMEWHAT ARBITRARY TO JUST TO MAKE A DECISION LIKE THIS. SO LET ME GIVE YOU AN EXAMPLE. SO WE HAVE LOTS IN IN BLOOMINGTON TODAY THAT HAVE THAT HAVE A LARGE FRONT YARD AREA. I DON'T GIVEN GIVEN THE WHAT WE WERE TRYING WE ARE TRYING TO ACCOMPLISH WITH 80 USE AND INFILL AND ALL THIS OTHER STUFF. THIS JUST SEEMS LIKE A THING WE ARE DOING THAT WE MAY NOT WANT TO DO I DON'T THINK DON'T COUNCIL ASKED FOR IT. I GUESS MY FIRST QUESTION MY SECOND QUESTION IS DO DO WE AS A GROUP THINK THAT WE SHOULDN'T HAVE IF I WANTED TO PUT A SMALL COTTAGE IN THE FRONT OF MY IN FRONT OF MY BUILDING WHY WOULDN'T THAT BE OKAY? I JUST I'M CONFUSED HAVE TO BE HONEST ABOUT LIKE WHERE THIS CAME FROM BECAUSE IT DOESN'T FEEL LIKE A CLEAN UP ITEM FEELS LIKE AN ARBITRARY DECISION BEING MADE AND WE'RE PPOSED TO GOHEAD AND JUST ACCEPT IT SO I'LL START WITH N I HAVE P AND R AS WELL BUT WE CAN HAVE A DISCUSSION ON AND IF YOU'D LIKE MR. MAYOR I DON'T KNOW HOW TO PROCEED. I JUST I LET'S LET'S TALK BUT I, I DON'T KNOW THAT I'M READING THIS THE SAME WAY THAT YOU ARE. COULD YOU PERHAPS SUMRIZE WHAT END WOULD ONCE AGAIN F US PLEASE? RIGHT. THANK YOU. THANK YOU. MAYOR SO AND IS AS EECTIVELY FOR AETACHED EDU IS T SAME STANDARD OF ANY OTHER ACCESSORY STRUCTURE TOHE ADU SOHEN THE ADU ORDNCE W PASS BELIEVE TT WAS NOW INN 2021 IT DIDN'T INCDE AT SOS IT EXISTS RIGHT NOW YOU COULD PUT AN ADU STRUCTURE BETWEEN YOUR HOUSE AND THE STREET WHICH I KNOW THAT THERE A LOT OF OPINIONS ABOUT WHAT SHOULD BE PLACED WHERE IN THE PLANNING DIVISION AND SO THE QUESTION AS TO WHY I WOULD LIKE TO DEFER TO PLANNING MANAGER MARK ART MR. MERCURY WITH US. MR. MAYOR, UNFORTUNATELY IS NOT OH HE'S NOT OKAY. SO IF I MAY MR. MAYOR FOR THE EXPLICIT PURPOSES OF THIS, WHAT IF WHAT WE'RE DOING IS WE'RE TAKING THE STANDARD THAT WE HAVE FOR ANY OTHER ACCESSORY UNIT THAT COULD BE A GARAGE THAT COULD BE I DON'T KNOW A SHED OR WHATEVER. AND WE'RE SAYING HEY FOR EVERYTHING ELSE YOU CAN'T PUT THAT BETWEEN THE MAIN HOUSE AND STREET. WE'RE SAYING THE SAME THING FOR ACCESSORY DWELLING UNITS EXCEPT THAT IT'S NOT THE SAME THING BECAUSE WE'RE TRYING TO GET PEOPLE TO HAVE PLACES TO LIVE AND IT DOESN'T IT'S NOT THE SAME THING IS LIKE I WANT TO PUT MY THIRD CAR THERE OR I WANT TO PUT MY LAWNMOWER THERE AND SO I MAYBE I'M ANYWAY DOES IT PROBABLY IF WE WANT TO HAVE A DEBATE ON IT WE CAN IT JUST FEELS LIKE A LITTLE BIT I DON'T KNOW THAT I WOULD TREAT AN ACCESSORY DWELLING UNIT AS THE SAME AS ANY OTHER ACCESSORY UNIT I THINK IS WHAT I'M SAYING. IT FEELS LIKE A DIFFERENT USE AND IT FEELS LIKE SOMETHING WE ARE ACTIVELY TRYING TO ENCOURAGE PEOPLE TO BUILD AND SO ARTIFICIALLY LIMITING THAT I DON'T KNOW JUST JUST FOR THE SAKE OF CONFORMANCE DOESN'T NECESSARILY MEAN MAKE TO ME I GUESS IS MY POINT I UNDERSTOOD MR. MERCURY TO HAVE RATIONALE B BEHIND THIS AND WE CAN TALK ABOUT IT THEN. YES THERE OBVIOUSLY. COUNCILMEMBER DALLESSANDRO, THANK THE CLEAN UP ASPECT OF THIS IS THAT THERE IS OTHER LANGUAGE IN THE CODE THAT SAYS THAT ACCESSORY DWELLING UNITS ARE ACCESSORY STRUCTURES AND THEN A SECTION THAT SAYS ACCESSORY STRUCTURES ARE NOT ALLOWED BETWEEN THE BUILDING AND THE STREET. HOWEVER THAT LANGUAGE WAS NOT IN THE 80 U.S. SO THERE IS SOME CONFUSION THAT PEOPLE ARE LOOKING AT THAT 80 U.S. MAY NOT BE AWARE OF THAT STANDARD. HOWEVER IF THE COUNCIL WOULD PREFER A SITUATION WHERE ANY USE UNLIKE SHEDS OR GAZEBO IS OR SUCH COULD BE ALLOWED IN THE FRONT YARD BETWEEN A PRINCIPAL BUILDING IN THE STREET WE COULD CERTAINLY DO THAT WE WOULD HAVE TO CHANGE THE LANGUAGE IN A FEW OTHER SPOTS BUT WE COULD CERTAINLY DO THAT. I GUESS MY QUESTION AS I'M LOOKING AT WHAT YOU HAVE THERE IS THAT WHAT WE'RE TALKING ABOUT HERE? I MEAN WE'RE TALKING ABOUT THE LOCATION MAYBE NOT BE ATTACHED TO DETACHED FROM OR INTERNAL ACCESSORY UNITS ARE NOT PERMITTED ICONJUNCTION WITH IT DOESN'T SAY WHERE YOU KNOW IT DOESN'T SAY BACKYARD FRONT YARD IN ANY OF THAT THAT'S THE LANGUAGE THAT'S MISSING MR. BAER THAT'S WHAT THEY'RE PROPOSIN TO ADD ON NOW I UNDERSTAND YEAH. THANK YOU SO MUCH. THANK YOU THANK YOU FROM FROM THAT STANDPOINT I MEAN THE CONSISTENCY THAT WE'RE LOOKING AT HERE I MEAN YOU DON'T I CAN ENVISION A WAY I CAN ENVISION AN INSTANCE WHERE AN ACCESSORY UNIT IN THE FRONT YARD THEN LEADS TO A GAZEBO OR A GARDEN SHED OR AN HOUR OR A GARAGE IN THE FRONT YARD JUST FOR IF IT'S GOOD ENOUGH FOR A AN ACCESSORY DWELLING, WHY CAN'T I PUT MY GARAGE IN THE FRONT YARD? AND SO I WOULD BE VERY HESITANT TO GO AWAY FROM THE STANDARD THAT WE HAVE NOW REQUIRING THOSE THOSE THOSE STRUCTURES TO BE IN THE BACKYARD. JUST MY THOUGHTS. WELL, I TOTALLY APPRECIATE THAT MR. MAYOR. I MY MY COMMENT IS NOT I THINK THAT MR. MARKET GARDEN INDICATED THAT WE'VE DEFINED ACCESSORY UNITS AS ACCESSORY STRUCTURE AND AS ACCESSORY WE SHOULD ENFORCE THE CODE UNIFORMLY MAYBE. MY PROPOSAL IS MAYBE ACCESSORY DWELLING UNITS SHOULDN'T BE CLASSIFIED AS ACCESSORY STRUCTURES BECAUSE THEY DON'T PERFORM THE SAME FUNCTION. SO I CAN TABLE THAT BUT I PROBABLY WILL BRING THAT BACK BECAUSE I REALLY DO WANT US TO LOOSEN UP THE ABILITY FOR ACCESSORY DWELLING UNITS TO BE BUILT IN IN BLOOMINGTON. I CAN THINK OF EXACTLY A WONDER A ONE PLACE NOT THAT IT WILL EVER HAPPEN HERE BUT OUR GOOD FRIENDS OVER AT ON NORMAN RIDGE THERE'S THIS ONE THERE'S THIS ONE HOUSE THAT'S LITERALLY YOU KNOW A QUARTER OF A MILE UP ITS LOT AND THERE'S JUST THIS OPEN SPACE WHICH IS LOVELY DON'T GET ME WRONG BUT IF THEY WANTED TO PUT A COTTAGE HOME THERE AS AN ACCESSORY DWELLING UNIT THAT WE'RE GOING TO TELL THEM THAT THEY CAN'T AND I DON'T KNOW I JUST SEEMS LIKE THAT'S NOT NECESSARILY WHAT WE WANT TO DO HERE. SO IN THE INTEREST OF MOVING THIS ALONG, I UNDERSTAND WHAT THE GOAL IS HERE UNIFORMITY RIGHT? I WOULD SAY THAT MY COMMENT WOULD BE I MAYBE WE REVISIT WHETHER OR NOT ACCESSORY DWELLING UNITS SHOULD BE CLASSIFIED AS ACCESSORY STRUCTURES AND THAT WOULD THAT WE HAVE THAT CONVERSATION SEPARATELY. SO IS THAT OKAY? VERY, VERY GOOD. THAT'S OKAY. SO I'LL TABLE THAT ONE ON P THIS IS ANOTHER ONE WHERE I DON'T NECESSARILY UNDERSTAND THE APPLICATION HERE I GET THE STANDARD I HAVE A NEIGHBOR I HAVE TWO NEIGHBORS 86TH STREET AND DUPONT 86TH STREET AND EMERSON A STRICT STREET AND DUPONT HAS HAD A SIDE YARD SIDE YARD EIGHT FOOT SIX FOOT, EIGHT FOOT FENCE ON THEIR SIDE YARD WHICH IS THE DUPONT THE DUPONT STREET SIDE NOT THE 86TH STREET SIDE THE DUPONT STREET SIDE HAS HAD A FENCE THEIR PRIVACY FENCE SINCE FOREVER 886 AND AND EMERSON WANTS TO DO THE EXACT SAME THING LITERALLY A BLOCK AWAY AND CAN'T BECAUSE OF STUFF LIKE THIS AND SO AGAIN MY MY QUESTION WOULD BE ON A CORNER LOT WHEN YOU HAVE TWO TWO EFFECTIVELY WHAT WE CALL TWO FRONT YARDS BECAUSE WE CONSIDER THAT FOUR STREETS IS THAT APPROPRIATE BECAUSE THAT'S WHAT WE'RE THAT'S WHAT WE'RE DOING HERE IS WE'RE OR WE'RE LIMITING PEOPLE WHO ARE ON CORNERS FROM PUTTING PRIVACY FENCES IN THERE IN THEIR SIDE YARD BECAUSE WE DON'T CONSIDER THEM HAVING A SIDE YARD WHICH DOESN'T REALLY SENSE TO ME. SO I WILL THROW THAT ONE OUT THERE AS A AS ANOTHER CONSIDERATION AND I HAVE PICTURES I CAN SHOW YOU OF LIKE THAT EXACT SCENARIO LITERALLY A BLOCK AWAY ON THE EXACT SAME LOT SOUTH EAST CORNER OF THE INTERSECTION EXACT SAME PLACE A BLOCK AWAY FROM EACH OTHER ONE GETS AT THE OTHER ONE DOESN'T IT DOESN'T MAKE A WHOLE LOT OF SENSE TO ME. I WOULD I WOULD LOVE US IF WE COULD THINK ABOUT YARDS AND OPENING UP THAT DEFINITION TO INCLUDE LITERALLY THE SIDE YARD WHICHEVER STREET IS DOMINANT THE OTHER ONE IS A SIDE YARD. THE OTHER ONE IS NOT AN ALSO FRONT YARD OR SOMETHING TO THAT EFFECT. SO I WILL SAY I APPRECIATE THE COMMENTS AND I WILL SAY THE WAY THE WAY WE'VE DONE THESE IN THE PAST THE WAY THIS BASICALLY WORKS IF YOU WANT TO PULL ONE THAT'S WHY WE LETTER THEM VERY SPECIFICALLY. RIGHT? WE TO PULL THOSE OUT. WHAT WE TRYING TO DO IS COME TO CONSENSUS ON EVERYTHING AND THOSE THAT WE DON'T WE PULL OUT WE HAVE THIS DISCUSSION AND THEN ULTIMATELY WE VOTE ON IT WHETHER OR NOT YOU CAN GET THREE OTHERS TO AGREE WITH YOU REGARDING THIS OR WHETHER OR NOT WE IT ASIDE AND CONTINUE THE DISCUSSION OR WHETHER OR NOT WE JUST MOVE FORWARD, YOU KNOW? SURE. SO THAT'S I SO WHAT WE COULD DO WITH EVEN WITH THE PREVIOUS ONE WAS IT IN AND WITHIN SNAP . I MEAN WE COULD DO WE COULD HAVE BOTH OF THOSE PULLED OUT AND THEN WHATEVER FINAL ONE THAT YOU HAVE YOU SAID ARE ARE NPR NPR YEAH I KNOW IT'S IT'S IT'S THE BRAIN WORK AND OVERTIME. YEAH BUT WE COULD PULL THOSE OUT WE COULD HAVE THOSE DISCUSSIONS THEN ULTIMATELY VOTE ON THEM ONE WAY OR ANOTHER. SO WOULD YOU PREFER FOR ME TO JUST MAKE A MOTION TO PULL THEM OUT AND, TALK ABOUT THEM SEPARATELY FIRST AND LET'S GET THE OTHER THINGS PASSED. WHY DON'T WE DO THAT? THAT MIGHT MAKE MORE SENSE. WE CAN WE CAN BE A LITTLE BIT MORE EFFICIENT. SOUNDS GOOD. OKAY, SO I JUST HAD ONE ONE JUST FOR FOR CLARITY IT SOUNDS LIKE THE P ONE AND ONE WELL I'M GOING TO ADD UNDER MY INTEREST TO THE END BEING PULLED THE P ONE BUT THE L ONE. JUST A QUICK QUESTION AROUND THAT AND WE HAVE YOU KNOW A STRUCTURED FORM WITH THAT. DO OTHER CITIES DO THAT? IS THERE ANY RISKS AT ALL WITH WITH A LETTER BEING SENT IN THAT YOU KNOW, DOESN'T INCLUDE ALL THOSE DETAILS YOU KNOW WHAT I MEAN? OR YOU YOU SEND IN A LETTER AND ONE OF THEM'S MISSING AND SOMEBODY MISSES , YOU KNOW, FROM STAFF AND DOES THAT PUT US IN A POSITION AT ALL? I'M JUST I'M JUST CONCERNED. I MEAN IF OTHER CITIES DO IT NO NO BIG DEAL. THERE'S NO BIG PROBLEM WITH IT. BUT I'M JUST CONCERNED YOU KNOW, WE MUST HAVE HAD THAT FOR A REASON. SO THEY ARE COUNCIL MEMBER I AM I'M NOT AWARE OF THE BENCHMARK OF OTHER COMMUNITIES OR IF THIS EVER HAD ANY LEGAL RAMIFICATIONS SO I DEFER TO PLANNING MANAGER MARK HADDAD FOR MORE INFORMATION ON THAT MR. MARKER AND THEIR BUT COUNCIL LOWMAN WE WE ARE AWARE OF CITIES THAT HAVE MOVED AWAY YOU KNOW THE PAPER WHAT SIGNATURES AND BLOOMINGTON WE'RE CERTAINLY TRYING TO DO THAT TOO WITH ELECTRONICS METALS WE BELIEVE THIS WOULD JUST SIMPLIFY PROCESSES ALLOW THINGS LIKE EMAIL SUBMITTALS OF SIGNATURES. OFTENTIMES THE PROPERTY OWNER MAY BE IT'S JUST HARD TO PHYSICALLY GET THEIR SIGNATURE ON THE SAME DOCUMENT THAT THEY'RE SUBMITTING. OH THANK YOU FOR CLARIFYING. I THOUGHT THIS HAD TO DO WITH I DIDN'T REALIZE THIS WAS SOME KIND OF ELECTRONIC UPDATE. OKAY THANK YOU FOR FOR SENT ME STRAIGHT. OKAY I GOT IT. THANK YOU. HAVE NO PROBLEM WITH IT. LEAVE IT AS IS BUT COUNCILMEMBER NELSON. THANKS LARRY. JUST A VERY QUICK CLARIFICATION ON AM. DID I HEAR CORRECTLY THAT THE CUMULATIVE OF WOULD START WITH PASSAGE OF THIS AND NOT BE RETROACTIVE AND DID I ALSO HEAR THAT OUR PRACTICE HAD BEEN PREVIOUSLY TO TREAT TREATED AS CUMULATIVE. MAYOR COUNCIL MEMBER YES I BELIEVE THOSE TWO THINGS ARE BOTH TRUE AT THE SAME TIME SO IT'S WE'VE INTERPRETED CUMULATIVE AND I BELIEVE THAT WHEN RECEIVED PUSHBACK ON THAT INTERPRETATION AND THAT WE DIDN'T HAVE ANYTHING IN CODE THAT WE COULD POINT TO AND. SO WE AS I WAS WE'VE TALKED WITHIN THE DIVISION WE DO THAT BY PUTTING A DATE. IT DOES THEN REMOVE OUR ABILITY TO RETROACTIVE EARLY STAY THAT BUT WE DO WE THE CONSENSUS IS THAT I'VE RECEIVED FROM MY SUPERVISORS IS THAT THAT IS THE DIRECTION THAT WE WISH TO GO FOR MORE CLARITY. OKAY. JUST A QUICK THOUGHT ON IT. I APPRECIATE THE CLARITY. CAN WE GIVE YOU THE AUTHORITY ? IT'S LIKE DO WE DO WE HAVE THAT POWER AND THE MAYOR MEMBERS WHEN YOU'RE WHEN YOU'RE PUTTING IN A CUMULATIVE WE DON'T OFTEN PUT DATES WE DON'T OFTEN DRAFT DATES INTO ORDINANCES BUT IN SOMETHING LIKE THIS WHERE YOU TO YOU HAVE TO START SORT OF DAY ONE YOU HAVE TO ESTABLISH DAY ONE AND IN THIS INSTANCE YOU DO WE'RE GOING TO NEED A DATE IF YOU WANT US TO COME UP WITH A DIFFERENT DATE YOU COULD GIVE US A DIFFERENT DATE TONIGHT OTHER THAN DECEMBER 28TH, 2023 . BUT WE NEED A WE NEED A DAY ONE CAN DAY ONE BE IN THE PAST ME REMEMBERS I BELIEVE I KNOW THIS ISN'T ANSWERING YOUR QUESTION DIRECTLY BUT I BELIEVE THE INTENT OF DECEMBER 28TH IS THAT THAT'S THE DATE OF PUBLICATION. IS THAT ACCURATE? I BELIEVE IT IS I GOING TO IT HERE SO THAT WOULD BE TYPICALLY THE EFFECTIVE DATE OF SOMETHING IF IS A SPECIFIC DATE INTO THE PAST. I GUESS THE DANGER WOULD BE THAT CONDITIONS OF ANYTHING THAT'S IN THE WORKS ARE CHANGING MIDSTREAM. I DON'T KNOW IF WE HAVE ANYTHING IN PROCESS RIGHT NOW THAT WOULD BE IMPACTED THIS MAYBE GLEN OR VALERIE KNOW THAT I WOULD DEFER TO GLEN MR. MERCURY OR MARYBETH WHO COUNCIL MEMBERS THERE HAVE BEEN ADDITIONS THE YEARS THAT IF WE COULD GO RETROACTIVELY WOULD BE COUNTED ON ON DIFFERENT SITES ARE IDEAL IF IF IT'S OKAY FROM A LEGAL STANDPOINT WOULD BE THE OUTLET THEY'D BE THE ORIGINAL ADOPTION DATE OF THE NON-CONFORMITY STANDARDS I DON'T HAVE THAT DATE IN FRONT OF ME BUT WE COULD FIND VERY QUICKLY SO WHY DON'T IF IF THERE ARE QUESTIONS ANY ADDITIONAL WE'VE GOT AHEAD OF OURSELVES HERE WE GOT WE GOT INTO THE DISCUSSION PHASE BEFORE A PUBLIC HEARING AND I APOLOGIZE FOR THAT WHERE WE WE WAY AHEAD OF OURSELVES. AND SO WHILE WHILE STAFF IS LOOKING UP ANSWERS TO COUNCILMEMBER NELSON'S QUESTION AND WHILE COUNCILMEMBER DALLESSANDRO IS CONTEMPLATING EXACTLY WHERE WE WANT TO GO HERE, WHAT I WOULD LIKE TO DO IS OPEN UP THE PUBLIC HEARING AND AGAIN MY APOLOGIES FOR GETTING INTO THE DISCUSSION BEFORE WE ACTUALLY DID THAT SO I WILL OPEN UP THE PUBLIC HEARING RIGHT NOW ON ITEM 4.5 THIS IS OUR PUBLIC HEARING REGARDING REGARDING MISCELLANEOUS ISSUES ORDINANCES FOR 2023 ANYONE IN THE CHAMBERS WISHING TO SPEAK TO ITEM 4.5 THIS EVENING MR. SABLE IS THERE ANYONE THE PHONE MAYOR AND COUNCIL MEMBERS NO ONE ON THE LINE LAST CALL FOR IN THE CHAMBERS COUNSEL NO ONE ON THE IN THE CHAMBER IS COMING FORWARD ON THE PHONE I LOOK FOR A MOTION CLOSE THE PUBLIC HEARING ON ITEM 4.5 OF THE MOTION BY LOWMAN SECOND BY COUNCILMEMBER MARTIN CLOSE THE PUBLIC HEARING ON ITEM 4.5 NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR SIGNIFY BY SAYING I OPPOSED MOTION CARRIES AT SEVEN ZERO SO AS NOW DOVE INTO DISCUSSION FROM WHAT I'VE WHAT I'VE GATHERED FROM FOLKS THAT WE'VE AS WE'VE BEEN GOING SO FAR IT SOUNDS LIKE THE THE CLEANUP ISSUES ITEMS A THROUGH I SEEM TO BE NON-CONTROVERSIAL THAT CORRECT WHAT I WOULD LIKE TO DO THEN IS I'D LIKE TO LOOK FOR A MOTION TO ADOPT ORDINANCES ABCD II AS INCLUDED IN THE MEETING PACKET THEREBY AMENDING 21 AND 22 OF THE CITY CODE SO MOVED AS STATED SECOND MOTION BY COUNCILMEMBER LOWMAN SECOND BY COUNCILMEMBER TO ADOPT THE ITEMS AS STATED NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I OPPOSED MOTION CARRIES SEVEN ZERO SO THEN AS WE MOVE TWO ITEMS J THROUGH ARE WHAT I HAVE HEARD THUS FAR IS THAT WE HAVE ANPR THAT FOLKS WANT TO TALK ABOUT. ARE THERE OTHERS THAT FOLKS WOULD LIKE TO PULL OUT AND TALK ABOUT COUNCILMEMBER NELSON AND SO AM AND PR VERY GOOD AND NPR AND THE OTHERS. MR. MAYOR I WOULD ACTUALLY GIVEN WHAT WE DID DISCUSS ON AND I COULD I COULD I COULD LET THAT PASS FOR NOW ON AND IS A NANCY OKAY SO THROW IN BACK NOW JUST AN MP WE'RE JUST AT NPR SO WE SAW AS WE CONSIDER THAT ANYTHING ADDITIONAL FOLKS OTHER THAN EMMA P AND ARE IF NOT JUST KEEP THINGS MOVING ALONG HERE I WOULD LOOK FOR A MOTION TO ADOPT THE ORDINANCES J K L N0P AND Q AS INCLUDED IN THE MEETING PACKET THEREBY AMENDING CHAPTERS 15 1921 IN APPENDIX EIGHT OF THE CITY CODE SO MOVED AS DID MS. MR. MAY ACTUALLY YOU MENTIONED P BUT I WOULD LIKE TO HOLD P O DEMONSTRATE THAT I APOLOGIZE LET ME RESTATED ORDINANCES J K L N OR Q THAT'S A VERY GOOD SYMBOL THAT STARTED SECOND MOTION BY COUNCILMEMBER LOWMAN, SECOND BY COUNCILMEMBER DALLESSANDRO TO ADOPT THE ORDINANCE AS A STATED UNDER ITEM 4.5 AND TONIGHT'S PUBLIC HEARING AGENDA NO FURTHER COUNCIL DISCUSSION ON THE MOTION AS STATED ALL IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED THE MOTION CARRIES SEVEN ZERO SO NOW DOUBLING BACK SHALL WE JUST DO IT IN ALPHABETICAL ORDER I WAS ALWAYS TAUGHT TO USE THE ALPHABET WHENEVER POSSIBLE SO LET'S START WITH A ITEM M COUNCILMEMBER NELSON YOU HAD QUESTIONS SPECIFICALLY ON THIS AND ABOUT THE THE ACTIVE DATE. YEAH YEAH. THANKS MAYOR. I KNOW I THINK I'D LOOK TO GLENN IF HE'S GOT THAT DATE HE WAS ABLE TO FIND IT. MR. MARK YAWN. YES. MAYOR OF THE CITY COUNCILMEMBER NELSON IT LOOKS LIKE THE SECTION WAS ORIGINALLY ADOPTED JANUARY 14TH OF 2008. HOWEVER THERE BE SOME LEGAL CONCERNS WITH GOING BACK IN TIME BUT I'LL DEFER TO ITALY ON THAT. MISS MADISON YOU MAY REMEMBER THAT 2008 WAS A LONG TIME AGO . I'M A LITTLE BIT CONCERNED ABOUT THE SAME ISSUE THAT I RAISED EARLIER ABOUT ON THE FLY RETRO DATES AND ANY POTENTIAL SORT OF CHANGE CONDITIONS PEOPLE MAY HAVE ORGANIZED THEIR PROPOSALS DIFFERENTLY. HAD THEY KNOWN THAT THEY'RE GOING TO BE ABLE COUNT ALL THE WAY BACK TO 2008 UM AND WOULDN'T WANT TO OPEN US UP TO ANY UNINTENDED LIABILITY ON THAT END OF THINGS YOU COULD PROPOSE TO CONTINUE THIS WE COULD DO A LITTLE MORE RESEARCH AND COME BACK YOU'VE ALREADY DONE THE PUBLIC HEARING YOU COULD CONTINUE THIS PART OF IT. UM YOU KNOW A DECISION ON THIS TO THE NEXT MEETING OR UM AND AND I'LL DEFER TO GLEN AND MALLORY AND WHAT THEIR PREFERENCES HOW TO MOVE FORWARD THAT WAY OR YOU CAN TAKE ACTION ON IT TONIGHT OR YOU CAN JUST DO NO ACTION ON IT. UM WELL UP TO YOU OBVIOUSLY BUT THANK YOU. I THINK I AGREE GOING BACK TO 28 MIGHT BE A BIT FAR AND I WOULD HATE TO OPEN THIS UP TO LEGAL JEOPARDY THE IF THE PROPOSED ACTIVE DATE IS THE DATE OF PUBLICATION WHICH IS 12 2823 I MIGHT SUGGEST THAT BUT I WILL LEAVE IT UP TO THE PERSON WHO PULLED IT OUT AND THANK YOU AND I GUESS YOU KNOW PART OF MY THOUGHT IN TERMS OF THE JEOPARDY IS IT SEEMED TO ME FROM WHAT I HEARD IS THAT IT WAS COMMON UNDERSTANDING THAT IT WAS CUMULATIVE. SO THIS ISN'T REALLY A CHANGE FROM HOW STAFF HAS BEEN OPERATING OR WHAT HAVE BEEN TOLD TO PEOPLE. IT'S A CLARIFICATION MAYBE. WE DID HAVE SOMEBODY ASK A QUESTION ABOUT IT BUT WHICH IS WHY I WOULD PREFER TO GO BACK TO 28 WHICH YOU KNOW ISN'T THAT LONG AGO 15 YEARS IT THAT THAT'S NO COMMENT SO I JUST, I MEAN IF THIS IS THE WAY THAT IS STAFF AND EVERYONE HAS ALWAYS ASSUMED WAS JUST PUTTING WHAT EVERYONE ASSUMED IT WAS INTO CODE IN MY MIND IS IS NOT THAT PROBLEMATIC BUT THERE'S FIVE THINGS I'M MISSING LET'S REMEMBER MOMENT SO MY SUGGESTION I TEND TO AGREE WITH WITH THE MAYOR ON THIS ONE I'M I'M SUPPORTIVE OF WHAT YOU'RE TRYING TO DO BUT I WOULD BE I WOULD NOT FEEL COMFORTABLE DOING THIS TONIGHT. I MIGHT SUGGEST IF YOU KNOW IF GOT A COUPLE OTHER FOLKS WOULD BE WILLING TO DO IT YOU KNOW, PUSH US INTO ANOTHER MEETING SO THAT STAFF COULD DO SOME RESEARCH, SEE THERE'S ANY ADVERSE EFFECT. COUNCILMEMBER YES, I WOULD BE SUPPORTIVE OF THAT AS WELL. SO SUPPORTIVE OF CONTINUING AND IN AND SEE IF THE STAFF COULD DO A BIT MORE RESEARCH AND IF THERE IS NO ADDITIONAL OH FIGURE OUT WHAT THE WHAT THE IMPACT MIGHT BE. MR.. MR. MAYOR AND COUNCIL MEMBERS WHY DON'T WE SEE WHAT HAPPENS WITH P I THERE WAS AH WE STILL HAVE SOME DISCUSSION OR A QUESTION ON SO LET'S SEE WHERE WE'RE AT AND IF COUNCIL WANTS TO CONTINUE ON THOSE AND MAYBE WRAP IT INTO ONE IDEA. OH OKAY MOTION I WOULD ACTUALLY RECOMMEND WE'VE TRIED TO HAVE A DATE CERTAIN WHEN WE CONTINUE ITEMS IS THAT ACTUALLY PUSH IT OUT TO LIKE FEBRUARY 12TH JUST BECAUSE STAFF HAS ITEMS LINED UP HERE FOR THE NEXT MONTH. SO IF WE'RE ADDING INTO THE WORK PLAN THERE ISN'T ANYTHING URGENT ABOUT THIS THAT GIVES THEM A LITTLE BIT OF TIME TO DO SOME GOOD RESEARCH AND NOT HAVE TO NECESSARILY BUMP OTHER STUFF RIGHT AWAY. THAT MAKES SENSE. ALL RIGHT. SO FOR GOOD WITH THAT IF CAN JUST KIND OF PUT THIS ON THE SHELF FOR JUST A MOMENT AND THEN MOVE ON TO I BELIEVE WE HAVE AN R THAT WE STILL WOULD LIKE TO CAN I CAN TALK ABOUT MS. COUNCILMEMBER DALLESSANDRO THANK YOU, MR. MAYOR. SO AGAIN, THE THE I UNDERSTAND THE INTENT OF THE CLEANUP AND I JUST STRUGGLE WITH THE DEFINITION OF A SIDE OR REAR HERE WHEN WE'RE TALKING ABOUT CORNER STREETS, IT SEEMS FIRST OFF IT DOESN'T SEEM UNIQUELY APPLIED AS EXAMPLE BY MY OWN NEIGHBORHOOD WHERE I HAVE A BLOCK AWAY ONE HAS ONE, ONE DOESN'T AND THEN SECONDLY IT IT SEEMS LIKE A I DON'T KNOW I JUST STRUGGLE WITH THE IDEA THAT WE WOULD TELL SOMEBODY JUST SIMPLY OF AND IT'S LIKE SOME KIND OF A AN ARBITRARY ESTHETIC WHO OWNS A CORNER HOUSE THAT THEY CAN'T PUT A PRIVACY FENCE ON THEIR SIDE YARD. DON'T KNOW. I STRUGGLE WITH IT FROM A ON A LIKE AN INDIVIDUAL RIGHTS BASIS HERE IN TERMS OF PERSONAL PROPERTY AND I DON'T NECESSARILY I DON'T KNOW THAT WE'RE MAKING IT BETTER BY BUYING THIS. I MEAN AND I AGAIN I UNDERSTAND THE AMENDMENT. I UNDERSTAND WHAT THEY'RE TRYING TO CLEAN UP HERE. BUT I WITH IT ON I DON'T KNOW ON PERSONAL RIGHTS GROUNDS IF LOOK YEAH COUNCILMEMBER LOWMAN AND COUNCILMEMBER NELSON COUNCILMEMBER THANK YOU GOSH I'D LOVE TO USE MY MY HOUSE ON THIS ONE BECAUSE WE DIDN'T HAVE A HAVE A HAVE A FENCE THERE NOW OR OR BRUSH UP THERE NOW I THINK THAT WE WOULD HAVE A PROBLEM SO IT'D BE INTERESTING TO TO BRING THAT UP AND A NUMBER OF OTHER OTHER PLACES BUT SO MY QUESTION AROUND THIS IS TO BE MORE SPECIFIC IS AROUND THE CLEARVIEW TRIANGLE AND HOW THIS DEALS WITH THAT YOU COULD HELP ME TO UNDERSTAND HOW THIS IMPACTS YOU KNOW THAT YOU KNOW THAT THAT CLEARVIEW TRIANGLE PIECE HAS THAT SUPPORT SUPPORTED HOW IS IT NOT SUPPORTED? YEAH THEY ARE COUNCILMEN FOR A AND SO THE WITH THE CLEARVIEW TRIANGLE AND THE AREAS THAT ARE 15 FEET FROM EITHER A DRIVEWAY OR A CORNER YOU CANNOT BUILD A FENCE THAT IS GREATER THAN THREE FEET IN HEIGHT AND SO THAT THAT IS SET IT WOULD NOT BE IMPACTED BY THIS THIS CHANGE. AND SO YOU KNOW, GIVEN THAT, ISN'T THERE A WAY TO DO THAT WITH A SIDE YARD, YOU KNOW, TO SET THAT SAME TYPE OF STANDARD, YOU KNOW, YOU AS YOU AS YOU WORK WITH IT WITH A SIDE YARD WHAT WHY DO THIS INSTEAD OF DOING SOMETHING MORE SIMILAR TO THAT THE SO THE I BELIEVE THE THE COURT MIGHT OR MIGHT NOT UNDERSTANDING THIS YOU KNOW IS THAT WHAT THIS IS SO THIS IS WHAT MR. ME SEE IF I HAVE A LET'S SEE A SECOND SLIDE THAT PROVIDES SOME EXAMPLES SO CURRENTLY THE YOU IF YOU WANTED TO BUILD A FENCE ON THE SITE OR AN EIGHT FOOT SIDE YARD FENCE CAN YOU SEE MY CURSOR ON THE SCREEN YOU WOULDN'T PUT IT BETWEEN THE STRUCTURE THE HOUSE IT WOULD EXTEND FROM THE HOUSE IN IT I BELIEVE A SIX FOOT FENCE OR SEVEN FOOT FENCE IS ALLOWED WITHOUT A PERMIT BUT EIGHT FOOT FENCE WE REQUIRE A PERMIT SO THERE IS A SO THAT'S THE STANDARD AS IT EXISTS RIGHT NOW THE ISSUE IS IS THAT THIS SHIFTED WITH PREVAILING SETBACK AND THAT UNDERSTANDING AND THEN SO WE TRIED TO BRING THE SETBACK BACK INTO ALIGNMENT WITH WHAT IT WAS BEFORE THE PREVAILING SETBACK WAS REMOVED AND THE IN GENERAL IT WAS TO KEEP THE OPEN DESIGN BY THE STREETS. SO WHEN PEOPLE ARE WALKING IN FRONT OF THE STREETS THAT THEY CAN KIND OF SEE ON ON BOTH SIDES AND TO LIMIT SIDE OBSTRUCTIONS AS IT THE FOR THE CORNER AND THE LOT THE IN THIS EXAMPLE THE THE CLEAR TRIANGLE WOULD BE EXTENDING IN THIS CORNER IF WELL IF THIS WERE A CORNER LOT THEN IT WOULD BE THE 15 FEET ALONG THIS CORNER. I THINK NOT SURE IF I ANSWERED YOUR QUESTION. NO I THINK YOU'VE YOU'VE ANSWERED MY QUESTION IN THE SENSE THAT THAT DOESN'T IMPACT THAT. BUT IS THERE A WAY TO TAKE THAT SAME STANDARD AND APPLY IT ALL THE WAY BACK USING THAT SAME METHODOLOGY AS OPPOSED TO WHAT HAS BEEN PROPOSED TODAY? I WOULD I WOULD HAVE TO DEFER TO PLANNING MARK GARD TO TALK ABOUT THE FEASIBILITY OF DOING SOMETHING LIKE THAT. YEAH, I MEAN I GET WHAT YOU'RE SAYING SO WHY THAT WOULD NOT IMPACT AT ALL BECAUSE WE'RE UNDERNEATH THAT THAT EIGHT FOOT BUT IF I TRIED TO PUT AN EIGHT FOOT FENCE AND IT'S IT STILL WOULDN'T BE IN THAT CLEAR VIEW TRIANGLE BUT WITH THIS IT WOULD BE THE IMPACT I COULD NOT DO THAT I COULD NOT BRING IT THE WAY UP TO EIGHT FEET. I KNOW THAT WE'VE APPROVED AND XERXES PROBABLY A COUPLE OF YEARS AGO WE APPROVED WHEN WE WENT WE APPROVED A FOOT FENCE FOR PRIVACY REASONS BECAUSE YOU KNOW SOMETHING SIMILAR TO THOSE AND I JUST HATE TO SEE A BUNCH OF FOLKS COME IN JUST FOR THAT JUST TRY TO GET APPROVAL, YOU KNOW. SO MR. MARK AGAIN ANYTHING TO ADD FOR MAYOR BETSY COUNCILMEMBER ALONE AND I THINK A COUPLE OF THINGS GOING ON HERE. ONE IS THE SITUATION SO YOU HAVE A 55 OR 65 FOOT SETBACK FOR HOUSE BACK IN MAY WITH A SINGLE FAMILY AND TWO FAMILY CODE AMENDMENTS THAT PREVAILING SETBACKS STANDARD WAS REMOVED. SO ONE OF THE KIND OF UNINTENDED CONSEQUENCES OF THAT THAT WE DID NOT ANTICIPATE IT IS THAT NOW THEORETICALLY YOU COULD BUILD A SCREEN FENCE AT 30 FEET EVEN THOUGH YOUR HOUSE IS BACK AT 50 FEET OR 65 FEET. SO THE INTENTION OF THIS CHANGE TONIGHT IS TO GET RID OF THAT UNINTENDED CONSEQUENCE OF REMOVING SETBACK. BUT THERE IS ANOTHER ISSUE AT PLAY WHICH COUNCILMEMBER DALLESSANDRO RAISED WHICH IS THAT THE FACT THAT BLOOMINGTON TREATS THE YARDS ADJACENT TO A STREET WHETHER THEIR SIDE OR FRONT TECHNICALLY IN TERMS OF WHETHER OR NOT YOU CAN HAVE SCREENED FENCE SOME CITIES DO NOT DO THAT. THEY TREAT ONE OF THE ONE OF ITS ON A CORNER ONE OF THE SIDES DIFFERENTLY THAN THE OTHER BLOOMINGTON CHOSE NOT TO BACK IN 2009 WHEN THE FENCE STANDARDS WERE ADOPTED. THAT'S CERTAINLY SOMETHING WE CAN REVISIT IF THAT'S DESIRED . BUT IT'S THAT PART OF WHAT'S BEFORE YOU TODAY. COUNCILMEMBER NELSON YEAH. THANK YOU MAYOR MY IS SORT OF A TANGENT OF COUNCILMEMBER DALLESSANDRO BUT WITH REGARDS TO THE REAR YARD AND HOW THAT'S IMPACTED I KNOW SOME SPECIFIC PROPERTIES IN MY DISTRICT THAT ARE THEY HAVE STREETS ON THREE SIDES OF THEM AND BASED ON OUR FENCE STANDARDS IF PUT A FENCE IN WHAT IS THEIR BACKYARD WHICH IS ADJACENT TO A STREET THEIR BACKYARD BECOMES LIKE FEET BECAUSE IT HAS TO MEET THE BUILDING SETBACKS SOMETHING LIKE THAT. SO IT'S VERY DIFFICULT FOR THEM TO MEET THAT. I DON'T THINK THAT'S THE INTENT OF WHAT WE'RE CLEANING UP HERE BUT IF THERE IS GOING TO BE A LARGER CONVERSATION I'D LIKE TO PUT THAT INTO THE MIX ALONG THE SIDE YARD SETBACK. SO I DON'T MEAN TO TAKE UP A LOT OF TIME ON IT TONIGHT IF WE'RE GOING TO HAVE CONTINUING CONVERSATION ANYONE ELSE WANT TO WEIGH IN ON P THIS EVENING ITEM P SO COUNCILMEMBER DALLESSANDRO YEAH DO DO WE WANT TO CONTINUE THIS DO WE WANT TO HAVE ADDITIONAL QUESTIONS THAT WOULD HELP CLARIFY OR ARE YOU LOOKING FOR MORE INFORMATION OR NO I MEAN LIKE I SAID, I'M CLEAR ON WHAT THE THE WHAT ACCOMMODATION OR THE ADJUSTMENT IS HERE TO TO CLEAN UP THE LANGUAGE. I HAVE MORE OF A PROBLEM WITH THE WITH THE THE THE THE CODE ITSELF THAN I DO THE LANGUAGE SO IF WE ARE IF IF I'LL JUST IF THE RIGHT TO DO IS FOR ME TO TO SAY TO YOU ALL YEAH I'M GOING TO ASK ALL TO THINK ABOUT THIS A LITTLE DIFFERENTLY GOING FORWARD THEN THAT'S A DIFFERENT CONVERSATION THEN WHAT WE'RE HAVING AT THE MOMENT AND I GET THAT I'M JUST NOT I DIDN'T WANT IT TO GO BY WITHOUT US HAVING A CONVERSATION SAYS THIS IS AN AREAF OF OPPORTUNITYOR US TO REVIT I GIVE PPLE A LITE BIT MORE FXIBITY BACKN THR THEIR AND FOR THE RECD LIKE WHEN Y'RE TALNG ABO AOUSE AND IT' REALLY CLEAR WHERE LIKE BY THEIR ADDRESS AND THEIR FRONT YOU KNOW DOOR AND EVERYTHING WHICH IS THE FRONT YARD AND WHICH IS NOT I STRUGGLE WITH THE IDEA THAT WE TREAT CORNE LOTS DIFFERENTLY THAN WE WOULD OWN YARD WHICH IS THE SECOND HOUSE IN THAT'S ALL I'M SAYING. SO ALL THAT HAVING BEEN SAID WE CAN IF EVERYBODY'S OKAY WHAT I'LL DO WHEN WE GET TO ORGANIZATION OF BUSINESS IS JUST BRING THIS BACK IN AND HAVE A CONVERSATION ABOUT WHETHER OR NOT WE WANT TO CONSIDER ADDRESSING THE CODE THAT'S I'M GOING TO DO THE SAME THING WITH ACCESSORY DWELLING UNITS AND THEN JUST TO COVER OFF IF I MAY, MR. MAYOR ON OUR AGAIN DON'T UNDERSTAND WHY FILM ISN'T OKAY ESPECIALLY IN LIKE MEDICAL OR VETERINARY CIRCUMSTANCES LIKE THE THAT YOU CAN HAVE COMPLETE COVERAGE OF OF A PORTION OF YOUR OF YOUR WINDOW FOR THE PURPOSES OF OF OF PRIVACY WHERE BLINDS ARE NEVER 100% COVERED RIGHT. I JUST DON'T KNOW WHY WE'RE DOING THAT TO PEOPLE LIKE I YOU KNOW SO THESE THINGS ARE COMING UP BECAUSE OF THE CLEAN UP I WON'T PREVENT US FROM CLEANING THESE UP BUT THESE ARE THREE STEPS IT'S VERY INTERESTING. THESE ARE VERY THREE VERY SPECIFIC THINGS THAT JUST THE LAST THREE MONTHS HAVE BEEN BROUGHT UP TO ME EXPLICITLY BY RESIDENTS. SO I'M BRINGING THEM UP NOW TO SAY LIKE WE HAVE I THINK WE HAVE SOME SOME THINGS WE CAN HERE TO MAKE THIS A LITTLE BIT EASIER FOR FOLKS SO ALL THAT HAVING BEENAID,'M N GOING TO UNLS ANYBODY ELSE IS ENTHUSE LIKE I AM ABOUT TABLING THESE I WILL HAPPILY VOTE THE CHANGES IN BUT I'D LIKE TO BRING THESE BACK FOR ACTUAL DISCUSSION ON CODE CHANGE. COUNCILMEMBER NELSON YEAH, THANK YOU MAYOR. I WOULD SUPPORT ANOTHER APPROACH. COUNCILMEMBER DALLESSANDRO IF WE APPROVE THEM TONIGHT OR IF WE TABLE THEM AND BRING IT BACK AS A LARGER PACKAGE. BUT I WOULD SUPPORT YOUR EFFORT TO. LOOK AT ACTUALLY ALL OF THOSE HAVE THE SAME CONCERNS ABOUT OUR WELL AND THE WINDOW SCREENING AND I KNOW IN CONVERSATIONS EARLIER THE YEAR WITH THE CITY MANAGER ABOUT A SPECIFIC SITUATION THERE SO YEAH SO SO FORTH SO SO I MEAN PLEASE WE CAN GO DOWN HERE AND THEN WE CAN BRING THEM BACK THAT'S HOW WE BRING THESE BACK I THINK THAT'S THAT THAT WOULD BE AN ACCEPTABLE SOLUTION. I THINK THE FOLKS ARE YES. WHY DON'T WE OKAY DO DO WHAT DID YOU MAKE OF TIME? SHOULD WE BUNDLE THEM AGAIN? WHY DID YOU MAKE THE MOTION TO BUNDLE ITEM M, ITEM P AND ITEM R AND APPROVAL ON THOSE I WILL A MOVE TO ADOPT ORDINANCES M P AND R AS INCLUDED IN THE MEETING PACKET THEREBY AMENDING CHAPTERS 15 1921 IN APPENDIX A OF THE CITY CODE . DO WE HAVE A SECOND SECOND COUNCILMAN MOST OF MY COUNCILMEMBER DALLESSANDRO BY COUNCILMEMBER MARTIN COUNCIL DISCUSSION WAS ONE OF THEM THOUGH SHOULD WE CONTINUE THE ONE WAS THAT M WHERE WE'RE WAITING TO GET SPECIFIC DATES BACK AT THAT ONE I THINK WE SHOULD JUST CONTINUE THE OTHER TWO. I THINK WE SHOULD DO EXACTLY AS THE MOTION SAYS WHICH IS SO I'M AMENDING THEM. YOU WANT TO AMEND THE MOTION TO REMOVE M FROM THAT'S WHAT I'D LIKE TO DO. THE SECOND THING YOU IS HOW MUCH TROUBLE ARE WE GETTING IN HERE? NO AMENDMENT TO THE AMENDMENT I THINK YOU'RE FINE. OKAY, WE UNDERSTAND WHAT YOU'RE DOING RIGHT? SO THE MOTION HAS BEEN AMENDED TO REMOVE M SO LET'S JUST ON THE MOTION RIGHT NOW IS TO APPROVE ITEMS P AND OUR AUDIENCE IS AND OUR AS INCLUDED IN THE MEETING PACKET EVERYBODY JUST TO BE CLEAR MAYOR WITH A MOTION IN THE SECOND YEAR IS OUR COUNCILMEMBER MARTIN D'ALESSANDRO OKAY. COUNCILMEMBER LOWMAN I JUST WANT TO BE CLEAR THAT WE'RE VOTING ON THE AMENDMENT RIGHT TO REMOVE AND WE ARE VOTING RIGHT NOW ON WE'RE DOING HYBRID PARLIAMENT SHOULD DO IT. WE'RE I JUST WANT TO THAT'S WHY I WANTED TO ASK BECAUSE RIGHT NOW AND WE COME BACK AND VOTE ON M OC TO CONTINUE THAT TABLE JUST WANTED TO BE CLEAR BECAUSE THAT'S NOT WHAT I HEARD. SO WE ARE AND WE DID NOT WE'RE OKAY. WE GOT A MOTION BY COUNCILMEMBER DALLESSANDRO SECOND BY COUNCILMEMBER MARTIN TO ADOPT ORDINANCES P AND R IS INCLUDED IN THE MEETING PACKET NO FURTHER COUNCIL DISCUSSION . ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED THE MOTION CARRIES SEVEN ZERO COUNCILMEMBER DALLESSANDRO ITEM M SO WE ARE MOVING TO CONTINUE ITEM M UNTIL IT'S ON FEBRUARY 18TH YOU SAID WELL FEBRUARY 12TH THANK YOU MOVING TO CONTINUE ITEM AND ORDINANCE M TO FEBRUARY 12TH SECOND MOST OF MY COUNCILMEMBER DALLESSANDRO SECOND BY COUNCILMEMBER LOWMAN TO CONTINUE ITEM M UNTIL FEBRUARY 12 2024 NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED THE MOTION CARRIES SEVEN ZERO SUMMARY PUBLICATION MR. MAYOR COUNCILMEMBER DALLESSANDRO OKAY I MOVE TO ADOPT RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ALL ALL 2023 MISCELLANEOUS ISSUE ORDINANCES EXCEPT EM MOST BY COUNCILMEMBER DALLESSANDRO SECOND BY COUNCILMEMBER MARTIN FOR SUMMARY SUMMARY PUBLICATION AS STATED NOR FOR THE COUNCIL DISCUSSION ON THIS ALL OF THEM FAVOR PLEASE SIGNIFY BY SAYING I OPPOSED THE MOTION CARRIES SEVEN ZERO THANK YOU APPRECIATE IT THANKS FOR THE CONVERSATION. WE WILL MOVE ON TO OUR FINAL ITEM UNDER FOR THIS EVENING AND THIS IS A AN ADOPTION THE ACTIVE TRANSPORTATION ACTION PLAN. WE WILL HAVE A PUBLIC COMMENT OPPORTUNITY THIS ONE OUR ASSISTANT TRAFFIC ENGINEER AMY MIRON IS HERE TO BRING US THROUGH ONCE AGAIN ON THE ACTIVE TRANSPORTATION PLAN WHICH WE TALKED ABOUT NOT TOO RECENTLY NOT TOO LONG AGO. I EXPLAINED IT VERY RECENTLY NOT TOO LONG GO. CORRECT. THANKS. THANKS MR. MAYOR AND COUNCIL. YEAH WE HERE TWO WEEKS AGO TO HEAR AN OVERVIEW OF THE ACTIVE TRANSPORTATION ACTION AND HERE TONIGHT TO REQUEST APPROVAL THE PLAN SO SO THIS IS AN OVERVIEW AGAIN OF THE INFORMATION THAT WAS PRESENTED AT THE DECEMBER 4TH MEETING AND ONE MORE TIME JUST FOR THE LISTENING PUBLIC YOU CAN FINALLY GET ACCESS TO OUR PLAN AT THE LET'S TALK PAGE UNDER BLM DOT MEN'S FLASHLIGHTS TALK SCROLL DOWN TO THE PUBLIC WORKS AND CONSTRUCTION PROJECTS AND THEN UNDER THE ACTIVE TRANSPORTATION PLAN LINK YOU CAN CLICK ON THAT CIRCLE HAVE ACCESS TO THE FULL PLAN SO WHAT IS ACTIVE TRANSPORTATION? ACTIVE TRANSPORTATION ZONE IS A WAY OF GETTING AROUND USING HUMAN POWER WALKING, BIKING IN ROLLING AND ROLLING REFERS TO PEOPLE USING A WHEELCHAIR STROLLER SCOOTER OR OTHER ASSISTED MOBILITY DEVICE. WHAT IS INCLUDED IN OUR ACTIVE TRANSPORTATION. SO IT'S A BLOOMINGTON SPECIFIC DOCUMENT THAT WILL DEFINE STRATEGIES AND ACTIONS TO GUIDE THE CITY IN MAKING WALKING AND BICYCLING SAFER AND MORE ACCESSIBLE FOR THE PEOPLE OF ALL AGES AND ABILITIES AND THEN FOUNDATIONAL TO OUR PLAN WAS HAVING EQUITY IN INFUSED THROUGHOUT THE GOALS AND RECOMMENDATIONS SO THERE IS A FOCUS WHERE PEOPLE RELY ON WALKING AND BIKING MOST FOCUS ON SAFETY SPECIFICALLY NEAR BUSY ROADWAYS AND THEN A FOCUS TO INVEST WHERE THERE IS A LACK OF ACTIVE TRANSPORT PATIENT LINKS SUCH AS GAPS AND UNCONNECTED AREAS. WHY IS ACTIVE TRANSPORTATION IMPORTANT IN BLOOMINGTON? SO THE CITY OF BLOOMINGTON BELIEVES THAT WALKING, BIKING AND ROLLING ARE CRITICAL WAYS BY WHICH PEOPLE OF ALL AGES AND ABILITIES REACH THE PLACES THEY WANT TO GO CONNECT WITH THE PEOPLE THEY WANT TO SEE AND IMPROVE THEIR PHYSICAL AND MENTAL. THE CITY ALSO IDENTIFIES AFTER TRANSPORTATION AND AS AN ESSENTIAL TOOL FOR IMPROVING ENVIRONMENTAL HEALTH AND REDUCING CITY'S CARBON FOOTPRINT. HERE'S A FEW EXAMPLES OF HOW HOW EACH OF THOSE ELEMENTS BREAK OUT. SO IN BLOOMINGTON FEEL THAT CAR OWNERSHIP SHOULD NOT BE A REQUIREMENT FOR GETTING AROUND SAFELY IN BLOOMINGTON FROM THE ENVIRONMENTAL PERSPECTIVE BLOOMINGTON'S ENERGY ACTIVE TRANSPORT AND ENERGY ACTION 2035 GOALS HAVE A TRANSPORTATION ELEMENT SUGGESTS THAT WE PER THAT THAT PRESCRIBES THAT WE PURSUE ALL VIABLE OPPORTUNITY IS FOR PROMOTING THE ELIMINATION OF VEHICLE EMISSIONS INCLUDING ADDING BIKING AND PEDESTRIAN INFRASTRUCTURE AND THEN FROM AN ECONOMY PERSPECTIVE PEOPLE WALKING AND BIKING MAKE MORE FREQUENT TRIPS TO LOCAL AMENITIES THAN PEOPLE DRIVING SO THEY'RE SPENDING MORE MONEY AT LOCAL BUSINESSES ACTIVE TRANSPORTATION AND ALSO MAKES A GREAT CONNECTION TO OUR HEALTH AND ALL POLICIES GOALS AS IT SUPPORTS ACTIVE LIFESTYLES AND THE HEALTHY, ENCOURAGES SOCIAL CONNECTION AND PROMOTES OPPORTUNITIES FOR HAPPINESS. SO AGAIN A SUMMARY OF THE PLAN WE WENT THROUGH IN QUITE A BIT OF DETAIL AT THE LAST MEETING SO JUST MOSTLY WANT TO FOCUS ON A BIT OF THE PROCESS. WE USED TO GO THROUGH THE PLAN AND THEN WE DO HAVE A LIST OF THE STRATEGIES THAT WERE RECOMMENDED. SO CREATION OF THE PLAN STARTED IN NOVEMBER OF 2022 AND WAS COMPLETED IN AUGUST OF 23. THE ACTIVE TRANSPORTATION PLANNING TEAM HAD REPRESENTATIVES FROM ACROSS CITY STAFF INCLUDING PUBLIC WORKS, PUBLIC HEAH, PUBLIC SAFETY, SUSTAINABILITY PARKS EQUITY AND INCLUSION AND AND WE ALSO WERE DEVELOPING THIS PLAN UNDER OUR ASSISTANCE FROM A MANDATED ACTIVE GRANT AND HAD CONSULTING ASSISTANCE FROM SAMANTHA LAURENS WITH TERI SOMA AND MEREDITH BINOCHE WITH HDR. WE HAD A VERY HEAVY PUBLIC ENGAGEMENT STRATEGY SO SINCE WE WERE WORKING OUR EXISTING ALTERNATIVE TRANSPORTATION PLAN WHICH IDENTIFIED A VERY SOLID SYSTEM TO ASSIST ON THROUGHOUT THE CITY ONE OF THE KEYS FOR THIS UPDATE IN OUR PLAN WAS TO HAVE PUBLIC HAVE A PUBLIC ENGAGEMENT AND HELP TO DEVELOP A SHARED VISION. SO WE WORKED WITH COED AND DID A LOT OF PUBLIC OUTREACH. WE HAD ONLINE COMMENTS, A COMMENT MAP AND SURVEY POP UP COMMUNITY CONVERSATIONS AT THE FARMER'S MARKET. CREEKSIDE SOUTH TOWN APARTMENTS AND MORE WALKING WORKSHOP SCHOOL ENGAGEMENT SESSION BIKE FOCUS GROUP MEETING AND NETWORK MAPPING AND ACTION PLANNING WORKSHOP THAT PLACE IN THE CIVIC CIVIC PLAZA BLACK BOX THEATER SO THROUGH OUR PUBLIC ENGAGEMENT WITH THE ONLINE COMMENTS WE RECEIVED OVER 147 SPECIFIC COMMENTS FROM RESIDENTS AND USERS OF OUR SYSTEM IDENTIFYING LOCATIONS WHERE THEY EITHER HAD A POSITIVE EXPERIENCE OR MOSTLY WHERE THEY SAW OPPORTUNITIES AND REALLY WERE REQUESTING SPECIFIC IN OUR COMMUNITY WALKS WE HAD A WALK IN OF THE FOUR DIFFERENT COUNCIL DISTRICTS AND THIS WAS REALLY PRETTY EYE OPENING AND A GOOD OPPORTUNITY TO SEE THE EXISTING CONDITIONS IN THE WINTER AND GOT A LOT OF GOOD FEEDBACK THROUGH THAT PROCESS . WELL THE OVERARCHING THEMES THAT WE HEARD FROM THE PUBLIC WERE PRETTY BROAD RANGE BUT THEY THEY REALLY RANGED THAT PEOPLE WANT TO BE ON ONE SHOCK COPIER ROAD AND THAT WE REALLY SHOULD FOCUS SOME EFFORTS ALONG THAT CORRIDOR ALL THE WAY TO, YOU KNOW, FOCUSING ON OUR WINTER MAINTENANCE OF EXISTING FACILITIES. SO AGAIN WITHOUT GOING INTO TOO MUCH DETAIL OF THE ACTUAL PLAN RECOMMENDATIONS, WE DO HAVE THIS PRIORITY NETWORK LABELED THAT AS A RECOMMENDATION FROM THE PLAN IDENTIFIES SEGMENTS THAT ARE PRIORITIZED PRIORITIZED AND JUST AGAIN TO NOTE THAT THEY ARE NUMBERED BUT NOT RANKED BECAUSE YOUR EXAMPLE OF WHAT EACH OF THE EACH OF THE RECOMMENDATIONS FOR THESE SEGMENTS LOOKS LIKE HERE'S THE FULL LIST OF THE 18 DIFFERENT SEGMENTS THAT ARE IDENTIFIED IN THE PLAN AND THEN WE ALSO HAVE A LIST THROUGHOUT THE DOCUMENT OF OVER ARCHING RECOMMENDATIONS THAT FOCUS ON THREE AREAS. SO STREET DESIGN AND OPERATIONS WALKING AND BIKING AND PROVIDE DOCUMENTS OR HELP RECOMMENDATIONS FOR PRIORITIZATION OF UPDATING DOCUMENTS AND POLICIES AND PRACTICES THROUGHOUT THE CITY . SO WE'RE GETTING CLOSE TO THE END OF OUR PATH FOR ACCEPTANCE OF THE PLAN WE VISITED THE SUSTAINABILITY COMMISSION PLANNING COMMISSION AND THE CITY COUNCIL TWO WEEKS AGO AND TONIGHT WE'RE AN OPPORTUNITY FOR THE PUBLIC TO BE ABLE TO SPEAK ON SPEAK TO THE PLAN AS WELL. SOME OF THE COMMENTS WE HEARD AT THE PLANNING COMMISSION THEY DID VOTE TO RECOMMEND THAT THE CITY CITY COUNCIL ACCEPT THE PLAN AND THE FEEDBACK THAT WE RECEIVED FROM THE PLANNING COMMISSION WAS TO FOCUS ON AN IMPROVED ACTIVE TRANSIT TRANSIT FOR TRANSPORTATION FACILITIES ALONG OLD SHAKOPEE ROAD AND TO COORDINATE WITH HENNEPIN COUNTY TO TAKE A LOOK AN ADDITIONAL LOOK AT SOME OF MISSING CONNECTIVITY. IT'S A REGIONAL CONNECTION TO THE FORT SNELLING AREA PRIORITIZED TO AND ALONG LYNDALE FOLLOWING THE LYNDALE GATEWAY PLAN AND TO CONSIDER DOING SOME DEMONSTRATION PROJECTS WITH COMMUNITY EVENTS SUCH AS SUMMER FED OR MARKET SUSTAINABILITY COMMISSION ALSO PROVIDED A RECOMMENDATION TO THE CITY COUNCIL TO ACCEPT THE ACTIVE TRANSPORTATION ACTION PLAN AND ALIGNMENT WITH THE BLOOMINGTON WITH BLOOMINGTON CLIMATE GOALS EXCUSE ME SOME OF THEIR COMMENTS THAT THEY WOULD LIKE TO SEE ADDITIONAL FOCUS ON DEVELOPING A TREE CANOPY TO IMPROVE THE USEFULNESS OF THE ACTIVE TRANSPORTATION FACILITIES IN THE SUMMER. THAT IS SOMETHING THAT IS REFERENCED IN THE PLAN THEY'RE JUST REQUESTING THAT THAT HAVE SOME ADDITIONAL PRIORITIZATION AND TO BUILD IN A TIMELINE TO TO REVIEW AND UPDATE THE PLAN IN THE FUTURE THEIR LETTER RECOMMENDATION WAS INCLUDED IN YOUR PACKET AND THEN AGAIN AT THE MEETING TWO WEEKS AGO SOME OF THE COMMENTS THAT WE DID HEAR FROM THE CITY COUNCIL WERE TO MAKE SURE THAT WE'RE INCLUDING WAYFINDING AND PUBLICLY SHARING INFORMATION ABOUT THE EXISTING AND ROLLOUT OF THE NEW FACILITIES TO FOCUS ON DESTINATIONS THE COMMUNITY AND REMEMBER THAT THIS IS NOT JUST A RECREATIONAL PLAN BUT IT REALLY IS A TRANSPORTATION PLAN AND TO LOOK FOR MEASURABLE OUTCOMES INCLUDING FACILITY USAGE. OKAY SO THAT CONCLUDES WE'RE I'M AVAILABLE FOR QUESTIONS AND AGAIN WE DO REQUEST THAT THIS IS AVAILABLE FOR PUBLIC COMMENTS . VERY GOOD. THANK YOU SO MUCH COUNCIL AS I SAID WE HAD CONVERSATION A PRETTY LENGTHY CONVERSATION JUST A COUPLE OF WEEKS AGO. ANY ADDITIONAL QUESTIONS, MISS MORONE IN THE LAST COUPLE OF WEEKS IF NOTE DID WANT MA SUR THATEADN OPPORTITY FOR SOM PUBLIC COMMENTS SO I WILL OPE NOW A PUIC COMNT OPPORTUNITY ON ITEM 4. IS IS REGARDING OUR TRANSPTATION ACTIONLAN THATPTION AONEN THE COUNCI CHAERS WISH TO PUBLICLY COMNT ABOUT ITEM 4.6 ANYONN T PNE? MR. MAYOR COUNCILMEMBERS NO ONE ON LINE ONE ON THE LINE WERE LT CHANCE FORNYBODY IN THE COUNCIL CHAMBERS NO ONE COMING FORWARD. SO I WILL CLOSE THEUBLIC COMMENT OPPORTUNITY AND I AM 4.6 HOUR ACTIVE TRANSPORTATION ACTION PLAN ADOPTION COUNC QUESTIONS ON THIS OR ANYTHING TO ADD AFTER OUR DISCUSSION OF JUST A COUPLE OF WEEKS AGO ON THIS. COUNCILMEMBER THANK YOU, MAYOR. I THINK MINE IS JUST MORE OF A COMMENT I JUST WANT TO SAY HOW EXCITED I AM ABOUT THIS. MY MY IN-LAWS GREW UP HERE AND WHEN I LISTEN TO MY FATHER IN LAW'S STORIES OF HOW HE COULD BE FROM LYNDALE TO WEST PUSH LAKE WITHOUT BEING SCARED OF BEING RUN OVER BY CARS. THIS GETS ME REALLY EXCITED YOU KNOW IT'S NOT THE SEVENTIES BOOMTOWNS FULLY BUILT OUT NOW BUT WHEN I THINK ABOUT WHEN KIDS GROW UP AND THEY'RE RIDING THEIR BIKES BY THEMSELVES I WANT TO SEE THEM DO THAT AND SO I'M VERY EXCITED TO SEE THIS HAPPENING THAT WE'RE ACTIVELY PURSUING OPTIONS TO ALLOW PEOPLE TO FREELY MOVE WITHIN OUR COMMUNITY. SO I'M VERY, VERY HAPPY THAT WE'VE DONE THIS WORK. THANK YOU. THANK YOU. COUNCILMEMBER COUNCILMEMBER DALLESSANDRO AND I SECOND THAT THE ONLY RECOMMENDATION I'D MAKE OVER AND ABOVE ANYTHING WE'VE TALKED ABOUT BEFORE IS JUST THAT WE WE WE MAKE SURE THAT AS PART OF OUR AS PART OF OUR OUTCOME APPROACH THAT WE THINK ABOUT, YOU KNOW, BEING ABLE TO MEASURE, YOU KNOW, THE NUMBER OF LIKE HOW MANY MORE MILES OF TRAIL DO WE HAVE AND HOW MUCH OF THAT IS CONTIGUOUS AND YOU KNOW WHAT IS THE FEEDBACK WE'RE GETTING FROM THOSE NEW THINGS ETC. ETC. I DON'T KNOW IF THERE'S A PLACE FOR IT IN OUR YOU KNOW, IN OUR DASHBOARDS BUT I THINK IT'S A BIG ENOUGH OF A OF A OF A DEAL AND THAT IT'S WORTH US DOING SOME YOU KNOW, TRACKING ALONG SUSTAINABILITY GROUNDS ON ON YOU KNOW IN TERMS OF EMISSIONS OR YOU KNOW, ACTIVITY LEVEL PUBLIC HEALTH, WHATEVER MEASUREMENTS WE WANT TO USE. I'D LOVE TO SEE A PIECE OF THE FOR OUR STRATEGIC PLANNING DEDICATED TO SOME THE OUTCOMES ASSOCIATED WITH THIS. I THINK IT'S A REALLY BIG DEAL. THANKS. THANK YOU COUNCILMEMBER ANY OTHER COMMENTS COUNCILMEMBER LOWMAN I'M READY TO MOVE IT. I GOT ONE BRIEF COMMENT. I APPRECIATE THE FACT THAT IT'S A LIVING LIVING DOCUMENT AND SO I THINK YOU KNOW, I'VE MADE MY COMMENTS SO I'M GOING TO LOOK FORWARD AS WE MOVE FORWARD THAT I CAN KIND OF EXECUTE IN A DOCUMENT ON SOME STUFF. SO YOU'RE GOOD BUT IF WE'RE READY TO GO ON I MEAN I'VE BEEN WILL DON'T SEE ANY OTHER HANDS GOING UP COUNCILMEMBER. LOWMAN I'M GOING TO ADOPT AN ACTIVE TRANSPORTATION ACTION PLAN SO MOST OF MY COCILMEMBER BOWMAN STICKING BY COUNCILMEMBER TO THE ACTIVE TRANSPORTATION ACT ACTION PLAN YOU KNOW FOR THE COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING HEY I OPPOSE THE MOTION CARRIES SEVEN ZERO THANK YOU THANK YOU MUCH GOOD WORK ON THIS THIS WAS A BIG A BIG EFFORT I KNOW AND AND INVOLVED A LOT OF STAFF MEMBERS SO APPRECIATE YOUR LEADERSHIP ON THIS AND I APPRECIATE YOU'RE HURTING ALL THOSE CATS TO BRING IT ALL TOGETHER AND I APPRECIATE EVERYBODY AROUND IN THE WINTER TO FIGURE OUT THE BEST WAY TO MAKE IT ALL WORK SO WELL DONE. THANK YOU SO MUCH. YEP. WE WILL MOVE ON NOW TO OUR ORGANIZATIONAL BUSINESS AND OUR FIRST ITEM UNDER ORGANIZATIONAL BUSINESS IS ITEM 5.1 IS THE CITY MANAGER PERFORMANCE EVALUATION SUMMARY AND EMPLOYMENT AGREEMENT. AND AS YOU ALL KNOW AND I'M SURE THE MEMBERS OF THE PUBLIC KNOW THE CITY COUNCIL HAS EXACTLY EMPLOYEE AND THAT'S THE CITY MANAGER THERE'S AN EMPLOYMENT AGREEMENT BETWEEN THE CITY AND THE CITY MANAGER THAT DEFINES THE TERMS AND THE CONDITIONS OF AND IN AN EMPLOYMENT AGREEMENT BOTH PARTIES THAT A PERFORMANCE EVALUATION PROCESS IS IS APPROPRIATE ON DECEMBER 11TH THE CITY HELD A CLOSED SESSION WITH CITY MANAGER JAMIE FERRUCCI FOR THE PURPOSE OF CONDUCTING THE CITY MANAGER'S ANNUAL PERFORMANCE EVALUATION. MR. VERBRUGGE WAS EVALUATED IN THE AREAS LEADING, MANAGING AND DEVELOPING STAFF FINANCIAL MANAGEMENT THROUGH EFFECTIVE AND EFFICIENT SERVICE DELIVERY FOCUSED ON STRATEGIC PRIORITIES, MEANINGFUL AND INCLUSIVE RESIDENT INVOLVEMENT, INNOVATION AND APPROPRIATE RISK TAKING AND RELATIONSHIP WITH THE CITY COUNCIL. THE COUNCIL AGREED THAT MR. FAROOQI EXCELLED IN THE AREA OF FOCUSING ON STRATEGIC PRIORITIES. WE ALSO CONSENSUS THAT MR. FAROOQI IS REGULARLY MEETING AND EXCEEDING EXPECTATIONS IN THE AREAS OF INNOVATION AND IN MAINTAINING OPEN AND TRUSTING RELATIONSHIPS. THE CITY COUNCIL WE ALSO AGREED THAT WE'D LIKE TO SEE MR. FAROOQI CONTINUE TO BE MORE STRATEGIC IN COMMUNICATING CITY ISSUES TO THE PUBLIC AND MEDIA THAT WE'D LIKE TO HAVE A BETTER SENSE OF HOW HE IS LEADING ORGANIZATIONAL DEVELOPMENT AND THAT WE'D LIKE TO SEE CONTINUED FOCUS WHEN PREPARING BUDGETS ON EVALUATING THE SERVICES WE PROVIDE AND DOING SO IN THE MOST COST EFFECTIVE WAY POSSIBLE THE MORE SPECIFIC RESULTS THE PERFORMANCE EVALUATION WE THESE T CITY COUNCIL FOUNDHAT THE CIT MAGER'SERFOANCEET THE EXPECTATIONS OTHE CITY COUNCIL. THE CITY COUNCIL AGREED TO EXTEND CITY MANAGER'S CONTRACT FROM JANUARY ONE, 2024 TO DECEMBER 31, 2024. THE CITY COUNCIL AGREED TO SET THE CITY MANAGER'S COMPENSATION AND AN ANNUAL BASE SALARY OF $220,000 AND THE CITY COUNCIL AGREED TO CONTRIBUTE A $25,000 PAYMENT TO THE DEFERRED COMPENSATION PLAN AND THE CITY MANAGER'S CHOICE. THAT IS THE GENERAL SUMMARY OF OUR CLOSED MEETING SESSION WITH THE CITY MANAGER WITH WITH THE INTENTION OF CONDUCTING AN ANNUAL PERFORMANCE COUNCIL UNLESS THERE ARE SPECIFIC QUESTIONS ABOUT WHAT I MENTIONED WITHOUT GETTING INTO TOO MUCH AND MAKING SURE THAT WE DON'T VIOLATE THAT CLOSED MEETING THAT WE DID HAVE IF THERE SPECIFIC QUESTIONS OR ADDITIONS TO WHAT WE HAD TALKED ABOUT, I APPRECIATE THOSE NOW OR MR. FERRUCCI, IF THERE'S ANYTHING ELSE YOU WOULD LIKE TO ADD, MR. MAYOR AND COUNCIL MEMBERS AND JUST FOR ANYBODY IN CAMERAS WATCHING I JUST WANT TO STATE AGAIN WHAT A PRIVILEGE IT IS TO THIS POSITION. THIS IS FRANKLY ONE OF THE MOST DYNAMIC ENVIRONMENTS IN MINNESOTA FOR ANY CITY AND I AM GRATEFUL TO HAVE THE OPPORTUNITY BE HERE. THANK YOU. THANK YOU. COUNCILMEMBER LOWMAN, THE MAYOR I JUST WANT TO THANK YOU FOR ORGANIZING THE EFFORT. IT DOES TAKE A LITTLE BIT EXTRA WORK TO DO THAT COAXING CITY COUNCIL MEMBERS TO GET THEIR STUFF IN ON TIME REPORTING BUDDY L THANK YOU. THANK YOU. THANK YOU YOU COUNSEL SEE NO MORE COMMENTS I WILL MOVE TO APPROVE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND THE CITY OF BLOOMINGTON. WE HAVE A MOTION AND A SECOND BY COUNCILMEMBER DALLESSANDRO TO AN EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND THE CITY OF BLOOMINGTON. NO COUNCIL DISCUSSION ON THIS. ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I OPPOSE THE MOTION CARRIES SEVEN ZERO CONGRATULATIONS YOU'RE ONE MORE YEAR VERY AT LEAST THAT'S NEXT YEAR UNTIL NEXT YEAR. MOVING ON TO 5.2 OUR FINAL ITEM OF THIS EVENING THAT IS OUR CITY COUNCIL POLICY AND ISSUE UPDATE AND I WILL KICK IT OFF WITH JUST COUPLE OF THINGS HERE VERY QUICKLY. FIRST OF ALL, JUST A RECAP OF OUR OUR 26TH LISTING SESSION OF 2023 AND WE HAD ONE SPEAKER TONIGHT BRANT WEEMS BRANT I THINK HE'S IN THE TRADES I THINK HE SAID HE WAS A PLUMBER DID HE AND THE THE COMPANY ISSUED TRUCK THAT HE IS ASKED TO BRING HOME AND THEN GO TO WORK USING HIS TOO LARGE TO PARK IN HIS DRIVEWAY AND TOO LARGE BY CITY CODE AND CITY REQUIREMENTS IN TERMS OF WHAT YOU CAN PARK IN YOUR DRIVEWAY AND ASKED US IF THERE WAS ANYTHING THAT WE COULD DO ABOUT IT OR IF THERE WAS AN APPEAL PROCESS AND SO ON. SO WE HAD A GOOD DISCUSSION WITH BRANT. WE ASKED OUR CITY ATTORNEY TO LOOK INTO THE SPECIFICS AROUND IT AND SEE EXACTLY WHAT MIGHT BE DONE. DID POINT OUT TO BRANT THAT OFFICIALLY THERE IS NO APPEAL PROCESS BUT IT'S SOMETHING WE COULD CONSIDER BECAUSE WE ALL KNOW THAT SINCE THE PANDEMIC WHERE PATTERNS HAVE CHANGED SIGNIFICANTLY IN A NUMBER OF DIFFERENT INDUSTRIES AND MIGHT BE SOMETHING THAT WE WANT TO LOOK AT AND EVALUATE A BIT DIFFERENTLY IN THE WORK REALITIES OF 2020 OR IN JUST A FEW DAYS AS OPPED TO 2019 OR 2020. SO THE IS CHANGING AND MAYBE WE NEED TO CHANGE ALONG WITH IT SO WE'LL TAKE A LOOK AT THAT. AS I MENTIONED WE'VE HAD 26 LISTENING SESSIONS AND WITH MR. WEEMS WHO HE HAD NOT HEARD FROM BEFORE WE'VE HAD A TOTAL OF 54 TOTAL SPEAKERS AND 37 UNIQUE SPEAKERS AND MORE THAN HALF OF THOSE SPEAKERS HADN'T SPOKE BEFORE US IN THE PAST. AND SO I THINK JUST IN TERMS OF WHAT WE SET OUT TO ACCOMPLISH WITH OUR LISTENING SESSION AS OPPOSED TO THE BLIC COMMENT PERIOD HERE IN THE COUNCIL CHAMBERS, I WOULD SAY IT HAS BEEN A SUCCESS WE AT THE END OF OUR FIRST YEAR LAST YEAR WE HAD WRITTEN THE IDEA THAT I WAS GOING TO REPORT OUT AND WE WERE GOING TO KIND OF VOTE ON AND I WASN'T SURE IF I NEEDED TO REPORT OUT AGAIN THIS YEAR. I THOUGHT IT WAS A GOOD IDEA JUST BECAUSE IT SHOWS THE THE THE IMPACT THAT THIS HAS HAD, THE NUMBER OF PEOPLE THAT HAVE COME FORWARD, THE DIFFERENT TYPES OF CONVERSATIONS THAT WE'VE HAD WITH PEOPLE THAT WE KNOW AND THAT WE DON'T KNOW AND I THINK IT'S BEEN DEFINITELY A WORTHWHILE THING . I DON'T SEE ANY REASON TO CHANGE UNLESS I SEE A LOT OF SHAKING HEADS THAT WE SHOULD B CHANGING THIS SOME WAY. I THINK IT'S WORKING VERY WELL AND I'D LIKE TO CONTINUE WITH CURRENT SITUATION. THE CURRENT SET UP THAT WE HAVE IS LISTENING SESSIONS AND . I THINK IT'S JUST BEEN AS SUCCESSFUL AS WE HOPED IT WOULD BE. WE MADE THE CHANGE A COUPLE OF YEARS AGO NOW. COUNCILMEMBER WOMAN I THINK I ALWAYS LIKE TO PUSH FOR CHANGE SO I THINK WE WE'VE YOU KNOW WE'RE NOT THERE YET BUT YOU KNOW IN TERMS OF OF NOT SAYING EVERY SINGLE TIME WE NEED TO CHANGE IT BUT I WONDER IF IF IF IF ONCE A QUARTER OR ONCE A YEAR WE TRY DIFFERENT TIME TO HAVE A LISTENING SESSION TO KIND OF OPEN THAT UP TO TRY A LITTLE BIT DIFFERENTLY MAYBE EVEN CONSIDER MOVING WHEN WE COMMENT ABOUT THOSE LISTENING SESSIONS THE FRONT OF ME I DON'T KNOW HOW THAT WORKS BUT JUST WANT TO KIND OF CHALLENGE US TO TO ALWAYS BE TRYING TO BE INNOVATIVE AROUND THAT THAT PARTICULAR IDEA IT IS WORKING WELL I DO LIKE IT BUT I THINK WE OUGHT TO CHALLENGE THAT. WE DID IT FOR SO MANY YEARS THE WAY IT WAS BEFORE AND THAT WE SHOULDN'T BE STUCK IN THE OLD PRACTICES. YOU KNOW, OF OF DOING IT. BUT I DO LIKE AND I WANT TO THANK YOU ALSO FOR BRINGING BACK A REPORT EACH YEAR IF YOU DO THAT WITH THAT. BUT I WOULD WANT TO CHALLENGE YOU OR CHALLENGE THIS BODY TO DO TO CONTINUE TO FIND WAYS TO BE INNOVATIVE WITH THE PROCESSES AND IT DOESN'T HAVE TO BE EVERY TIME BUT MAYBE WANTS TO TRY SOMETHING DIFFERENT OR TRUST THANK YOU COUNCIL MEMBER APPRECIATE AND THEIR COMMENTS ON THE COUNCIL MR. REVERBY NO ADDITIONAL COMMENTS MR. COUNCILMEMBER MARTIN OH, OKAY. OH NEVER MIND. I THOUGHT YOU MEANT ON THAT TOPIC. NO, NO, NO, NO, NO. AND I'M CALLING ON COUNCILMEMBER MARTIN. OKAY THAT'S FINE. YEAH, WELL THAT'S I CAN GO OFF ON THE LISTENING SESSION WHEN I GET MATERIAL YOUR WELL AS AS IS THE ANNUAL TRADITION I WOULD LOVE TO TO MOVE FORWARD SOME RECOGNITION FOR STAFF AND THE INCREDIBLE WORK THAT THAT I WAS SO EXCITED TO TALK ABOUT EARLIER IN THE MEETING AND I KNOW WE'VE PROVIDED I THINK IT'S A PAID HALF DAY HOLIDAY ON FRIDAY THE 22ND AND I KNOW MR. FREIBERG IF YOU HAVE SOME MORE CONTEXT AROUND THAT, MR. MAYOR AND COUNCIL MEMBERS AS ALWAYS STAFF APPRECIATES COUNCIL'S GRATITUDE AND DEMONSTRATING THAT GRATITUDE WITH SOME AMOUNT OF HOLIDAY LEAVE BECAUSE CHRISTMAS IS ON MONDAY AND THAT'S THAT'S THE OFFICIAL RECOGNITION THE HOLIDAY THAT'S THE DAY THAT OUR ALL OF OUR COLLECTIVE BARGAINING UNITS AND ALL THE EMPLOYEE HANDBOOKS IDENTIFIES DAY OFF HERE FRIDAY WE WILL BE OPEN FOR BUSINESS IF COUNCIL AGREES TO EXTEND 4 HOURS OF LEAVE FOR EMPLOYEES WILL CLOSE OFFICES AT NOON ON FRIDAY AND VITAL SERVICES WILL CONTINUE PUBLIC SAFETY AND UTILITIES WILL CONTINUE TO OPERATE BUT WE WILL NOTIFY COMMUNITY STARTING RIGHT AWAY TOMORROW JUST TO PROVIDE A HEADS UP THAT THE CITY OFFICES WILL ONLY BE OPEN FOR HALF DAY IF COUNCIL MOVES FORWARD AND THANK YOU. SO COUNCILMEMBER MARTINEZ BROUGHT FORWARD THE PROPOSAL GRANT THE 44 HOURS 4 HOURS OF VACATION TIME AND ON FRIDAY OF FRIDAY THE 22ND AND HE'S OFFICIALLY I HEARD THAT IS A MOTION DID I HEAR THAT COUNCILMEMBER MARTIN SECOND AND A SECOND BY COUNCILMEMBER CARTER NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR OF THAT PLEASE SIGNIFY BY SAYING I I OPPOSE CARRIES SEVEN ZERO SO CONGRATULATIONS STAFF ONCE AGAIN ON AN INCREDIBLY SUCCESSFUL YEAR OVER THE COURSE OF THE PAST 12 MONTHS HERE IN THE CITY OF BLOOMINGTON. YES, MR. RUDY. THIS IS WHAT DEFINES THE MOST DYNAMIC ENVIRONMENT ENVIRONMENT YES. THAT'S KIND OF PUTTING IT MILDLY AND APPRECIATE ALL THE WORK THAT OUR STAFF PUTS INTO THIS DAY IN , DAY OUT THROUGHOUT THE YEAR UNDER AND UNDER A LOT OF PRESSURE, SOMETIMES UNDER PUBLIC SCRUTINY, UNDER THE SCRUTINY OF THIS COUNCIL AND THEY DO IT VERY, VERY WELL EVERY SO HAPPY HOLIDAYS TO ALL OF OUR STAFF AND ENJOY THE WEEKEND. ENJOY THEIME WIT YOU FALY. SO VERY HAPPY THAT WRE ABLE TO DO TT. COCILMEMBER LOWN, THANK YOU. WANTED TO RUN OFF THE BAT JU KNOW WEAD TALKED EARLIER AUT BRINGING AN ORDINCE BACK ORANGUAGE FOR TH. I WTED MOV THETAFF ING BAC LANAGE FOR ORDINAE THA ADDSSESAGE EFT ANDTHER UNFAIR LOR PRACCES. SO WE CAN DO THIS AS A MOTION AND AN ACCEPTANCE OR AS WE TYPICALL DO IN THIS IF WE CAN GET FOUR NODNG HEADS OR FIVE NODDING HEADS, I TNK IT'S AS OFFICIAL IS AS AN OFFICIAL MOTION. BUT I THINK WE TALKED ABOUT THIS EARLIER AND I THINK WE ARE DIRECTING STAFF. I THINK WE HAVE AGREEMENT ANYBODY IN DISAGREEMENT I THINK WE ARE IN AGREEMENT THAT WE WOULD LIKE STAFF TO LOOK INTO VERY SPECIFIC WAGE THEFT ORDINANCE AND OTHER ORDINANCES THAT WE CAN USE TO PASS THOSE UNDERSTANDING ESTIMATES. GREAT. GOOD. THANK YOU. YEAH, I JUST WANTED TO FORMALIZE IT SO MUCH IS AND THE SECONDARY THING IS I WANTED TO MENTION THAT TO MAKE SURE PATRICK I MENTIONED EARLIER BECAUSE I ALREADY HAD MADE MY STATEMENTS LONG AGO SO I DIDN'T WANT TO YOU KNOW, DRAWN ON AND ON. IT'S SOMETHING I DO A LOT OF SO BUT I'LL MISS YOU AND GOOD LUCK AND WE WE'LL SEE YOU BACK AGAIN. LET'S REMEMBER DALLESSANDRO SO APOLOGIES BECAUSE I KNOW HOLDING I'M GOING TO GET IT DONE IN 2 MINUTES A PROBLEM WHAT? I HAD ONE IDEA THAT I WANTED TO THROW OUT HERE ONE OF THE THINGS I'VE NOTICED IN THE COURSE THE LAST YEAR IS THAT WE HAVE OUR PUBLIC COMMENT OPPORTUNITIES OFTENTIMES THE LAST DAY THAT WE ARE REVIEWING SOMETHING AND IT FEELS A LITTLE BIT LIKE PEOPLE CAN COME MAKE COMMENTS. WE CAN'T DO ANYTHING WITH THOSE COMMENTS BECAUSE WE'RE GOING TO VOTE LIKE RIGHT AWAY ON THE THING. AND SO I WAS JUST KIND OF CURIOUS IF AS WE HAVE THESE LONG THINGS IN THE ACT OF TRANSPORTATION IS AN EXAMPLE OF THAT AS WE HAVE THESE KIND OF LONG PROJECTS THAT TAKE SEVERAL MONTHS TO GEL. I'M WONDERING IF THE CHANCE FOR THOSE PUBLIC COMMENT OPPORTUNITIES TO BE EARLIER ON SO THAT WE CAN ACTUALLY ACT LIKE TAKE ACTION ON SOME THE FEEDBACK THAT WE GET AND THOSE MIGHT BE A BETTER PLAN FOR US. SO I THROW OUT THERE JUST AS WE THINK ABOUT HOW OUR WORK PLANS MIGHT WORK THAT WE CAN DO SOMETHING LIKE THAT JUST BECAUSE YOU KNOW AS A AS A AS A WAY TO KIND OF GET THAT FEEDBACK INCORPORATED INTO WHAT WE MIGHT THEN END UP VOTING ON COUNCIL MEMBER CARTER THANK YOU MAYOR. I GUESS I WOULD JUST ASK FOR CLARIFICATION BECAUSE THINK LIKE THE EXAMPLE YOU GAVE THERE WAS A LOT OF PUBLIC INPUT AND FEEDBACK INCORPORATED INTO IT AND THEN OFTENTIMES WHEN WE HAVE PUBLIC HEARINGS AND WE GET FEEDBACK AND NEED TO GO LIKE WE GO BACK AND FORTH RIGHT LIKE THE ZONING REQUIREMENTS WE HAD AN OPEN WE HAD THE PUBLIC COMMENT BUT THEN WE EXTENDED AND LIKE WE KEPT HAVING CONVERSATIONS AND SO I GUESS I DON'T I DON'T I GUESS I DON'T I'M JUST ASKING YEAH THAT THAT ACTUALLY IS A GREAT EXAMPLE AND ACTUALLY IT IT IT MIGHT END UP PROVING MY POINT IN THE SENSE THAT LIKE WE ADDED PUBLIC COMMENT PERIODS WHICH WE CAN DO ON PURPOSE EARLIER ON IN THE PROCESS BECAUSE WE KNEW IT WAS BUILDING TO A CONVENTION AND SO LIKE THAT ACTUALLY WAS USEFUL THEN WE COULD ACTUALLY TAKE ACTION ON THOSE THINGS AND SO THAT THAT WAS MY COMMENT LIKE IF THESE PUBLIC COMMENT OPPORTUNITIES IF CAN GIVE THEM EARLIER ON NOW YOU'RE RIGHT PUBLIC ENGAGEMENT WHETHER PUBLIC ENGAGEMENT OR PUBLIC COMMENT OPPORTUNITIES ARE THE SAME OR DIFFERENT THINGS THAT'S A GOOD QUESTION. I SEE THEM AS DIFFERENT IN THE SENSE THAT THERE'S LIKE WE HAD ONE TODAY WHERE WE HAD A PUBLIC COMMENT OPPORTUNITY THIS ACTIVE TRANSPORTATION PLAN BUT IF WE'D HEARD ANYTHING THAT WE WANTED TO TAKE ACTION ON, WHAT WILL WE HAVE DONE AT THAT POINT? I THINK WE WOULD HAVE JUST POSTPONE THE VOTE RIGHT? LIKE WE WOULD HAVE EXTENDED IT WOULD WE HAVE WE COULD HAVE IT WOULD HAVE BEEN WITHIN OUR IT'S I I GUESS I DON'T KNOW WHAT THE CHANGE WOULD BE BECAUSE WE CAN ALREADY DO THAT. THE CHANGE WOULD BE THAT INSTEAD OF PUSHING BACK THE DEADLINE FOR STAFF ON THE LAST DAY ACTUALLY CAN DO THAT UPFRONT THAT'S ALL. YEAH. MR. AND MR. MARIN COUNCILMEMBERS COUNCILMEMBER DALLESSANDRO THERE ARE SOME CITIES WHERE THEY WILL HAVE A FIRST READING AND A SECOND READING AND OFTEN WILL NOT ACT ON SOMETHING IF IT IS SUBJECT OF A PUBLIC HEARING UNTIL, A SUBSEQUENT MEETING THAT HAS THE EFFECT OF A PROCESS. AND SO ESPECIALLY IN LIKE LAND USE PROCESSES WHERE WE HAVE A FINITE PERIOD OF TIME, WE HAVE TO BUILD THAT EXTRA COUPLE OF WEEKS INTO. THE SCHEDULE I THINK IT'S ENTIRELY UP TO COUNCIL HOW YOU WANT TO DO THIS. I, I WOULD AGREE WITH COUNCILMEMBER CARTER'S MOST OF THE THINGS THAT ARE OF HIGH PUBLIC INTEREST HAVE SIGNIFICANT THROUGHOUT THE PROCESS AND I UNDERSTAND THAT YOU KNOW WE MAYBE WANT TO GET MORE INPUT WHEN WE HAVE THE BIRD FULLY BAKED RIGHT? SO I THINK JUST A MATTER FOR COUNCIL OF DIRECTORS HOW YOU WANT TO PROCEED KNOWING THAT DOING SO JUST EXTENDS THE PROCESS A LITTLE BIT. MY GOAL IS NOT TO EXTEND THE PROCESS IN THE SENSE THAT LIKE MY IS IF WE DID THIS EARLIER ON WE WOULDN'T FIND OURSELVES AT THE POSSIBLE DAY GOING OH I THINK WE NEED TO EXTEND THIS OR TABLE THIS OR WHATEVER. SO THAT'S THAT IF THAT DOESN'T IF IF IT DOESN'T END UP WORKING THAT WAY THEN I WOULD I WOULD NOT WORRY ABOUT IT. SO WE CAN WE CAN LOOK INTO IT AS WE SEE OUR WORK PLANS GEL THROUGHOUT THE BUT IF IF IF IF THAT WAS IF THERE ARE PLACES LIKE THAT IT WHAT I I DON'T WANT TO DO IS I DON'T WANT TO LOOK DISINGENUOUS THAT WE'RE SAYING WE HAD A PUBLIC COMMENT PERIOD BUT BUT THAT PUBLIC COMMENT PERIOD HAPPENED FAR AT THE END OF THE PROCESS AND WE DIDN'T DO ANYTHING WITH ANYTHING WE HEARD AND WE JUST VOTED ANYWAY THAT IT DOESN'T SEEM LIKE PEOPLE WOULD WOULD WALK AWAY FROM THAT FEELING LIKE THEY ACTUALLY COULD INFLUENCE THE AND IF OUR GOAL IS TO TRY TO HELP PEOPLE INFLUENCE THE OUTCOME THEN I WOULD LIKE TO TRY TO GET THAT INFORMATION EARLIER ON IN THE PROCESS BUT I GUESS MY TAKEAWAY WAS SIMILAR TO COUNCILMEMBER CARTER THERE'S BEEN A LOT OF PUBLIC COMMENT. THERE'S BEEN A LOT OF PUBLIC ENGAGEMENT OPPORTUNITIES ASSOCIATED WITH THIS. I MEAN I GUESS IF WE HAD PERHAPS WE SHOULD HAD IT MONDAY TWO WEEKS AGO WHEN WE WHEN WE FIRST HEARD IT AND EVEN JUST THAT TWO WEEK TIME PERIOD. SO THERE ARE WAYS WE COULD LOOK AT IT BUT AND I I SEE WHAT YOU'RE SAYING THAT IT MAYBE LOOKS LIKE WINDOW DRESSING WHEN WE HAVE A PUBLIC PERIOD AT 10:00 RIGHT BEFORE WE APPROVE IT, THAT KIND OF THING. BUT AT THE SAME TIME THE FACT THAT NO ONE WAS HERE AND THE FACT THAT I'M ON MANY THINGS WE WE DON'T HEAR A LOT OF PUBLIC COMMENT THAT TELLS ME THAT OUR STAFF IS DOING A GOOD JOB DOING GETTING SOME OF THAT INFORMATION, GETTING SOME OF THAT PUBLIC ENGAGEMENT WORK DONE AHEAD TIME AND THE FACT THAT A LOT OF FOLKS ARE ARE GOOD WITH THE WORK THAT'S BEING DONE I D'T KW VERY IR VERY FAIR. WHAT WE CAN LOOK AT IT ON A CASE BY CASE BASIS IF AS WE GO THROUGH 2024 I SEE SOMETHING WHERE I'M LIKE THERE'S A GOOD EXAMPLE OF WHAT I WAS TALKING WE'LL BRING IT UP THE STAFF OKAY. SO VERY QUICKLY THE THREE THINGS THAT WE TALKED ABOUT EARLIER ON THAT I'D LOVE TO SEE US ACTUALLY CONSIDER I DON'T KNOW IF ACCESSORY DWELLING UNITS SHOULD BE CLASSIFIED AS ACCESSORY STRUCTURES BECAUSE I THINK THEY HAVE A VERY SPECIFIC USE AND PEOPLE LIVE IN VERSUS ACCESSORY STRUCTURES AS WE'VE DEFINED THEM ARE NOT PLACES WHERE PEOPLE LIVE. AND SO IF WE COULD THINK ABOUT POTENTIALLY DECOUPLING THE NOTION OF 80 USE FROM OTHER TYPES OF ACCESSORY STRUCTURES ,WE CAN HONE IN ON THE THINGS THAT WE WANT TO DO 80 USE THAT WILL TRULY MOVE THE NEEDLE IN GETTING THAT INFILL DONE. I THINK THAT WOULD BE A SMART IDEA SO I'D LOVE TO PROPOSE THAT ON ON THE FILM STUFF. I JUST DON'T UNDERSTAND WHY WE CARE WHAT. PEOPLE PUT ON THEIR WINDOWS. I MEAN I, I UNDERSTAND THERE'S GOT ISSUES AND OTHER THINGS LIKE THAT BUT LIKE IF IF I'M SO AS AN EXAMPLE I GO TO THE GOOD FOLKS AT NOVA CLINIC AND THEY WENT THROUGH BECAUSE THEY HAVE ROOMS WHERE PEOPLE ARE EUTHANIZING THEIR PETS AND NOT IN THEIR OPINION A SECURE THING. RIGHT. THEY CAN'T BECAUSE IT'S NOT FILMED. IT WAS BLINDS AND THEN THOSE BLINDS ARE OPEN KIND OF SORT OF BECAUSE THEY ARE MOVING WITH THE AIR IN THE ROOM OR WHATEVER AND YOU KNOW, IT DOESN'T FEEL LIKE AN ENVIRONMENT WHERE THERE'S PRIVACY AND SOMEBODY COULD, YOU KNOW, DO THAT VERY SOLEMN ACTIVITY WITHOUT FEELING LIKE THEY MIGHT BE BEING WATCHED OR WHATEVER, YOU KNOW, ARE THE KINDS OF LIKE MEDICAL USES, VETERINARY USES, OTHER PLACES LIKE THAT WHERE I THINK WE COULD MAKE EXCEPTIONS BUT I GUESS I'M WONDERING WHY WE CARE AND SO I'D LOVE TO HAVE US IF SOMEBODY COULD BRING BACK TO US LIKE HERE'S THE HISTORY OF WHY WE DON'T ALLOW FILM ON ON YOU WINDOWS SO WE COULD LOOK AT THAT THAT WOULD BE GREAT I DON'T KNOW. COUNCILMEMBER NELSON, YOU SAID YOU HAVE LIKE THOUGHT ABOUT THIS ALREADY AS WELL. I DON'T KNOW IF YOU HAVE ANYTHING ELSE TO ADD TO THAT BUT I HAVE THREE DOGS. WE GOT A NOVA CLINIC. YEAH, GREAT DOCTOR RACHEL? YES, MR. FERRARI SOMETHING TO ADD TO THAT. MR. MAYOR AND COUNCIL MEMBERS CONSULTATION WITH OUR PLANNING MANAGER WHAT WE WOULD PROPOSE IS BRINGING THESE ITEMS BACK FOR ADDITIONAL DISCUSSION ON THE SAME FEBRUARY 12 AGENDA THAT WE CONTINUED. THE OTHER ITEM TWO WE WILL HAVE THE PLANNING COMMISSION AND PLANNING DEPARTMENT WORK PLAN PRESENTED TO THE CITY COUNCIL ON JANUARY EIGHT. SO YOU'LL GET TO SEE THE YOU KNOW HOW THINGS FIT INTO THE FULL SCOPE OF THINGS AND I THINK STAFF HAS A GOOD FEEL FROM THE CONVERSATION THAT OCCURRED EARLIER AND WHAT WE'LL DO IS BRING EACH OF THOSE ITEMS BACK WITH THE HISTORY OF YOU KNOW WHAT THE ORDINANCE IS TRYING TO ACCOMPLISH ISSUES THAT WE'VE EXPERIENCED WITH THOSE PARTICULAR ORDINANCES AND MAYBE SOME OPTIONS THAT THE COUNCIL COULD CONSIDER FOR DISCUSSION. SO COUNCILMEMBER CARTER, I WAS JUST GOING TO SAY RELATED TO THE ADUS I LIKE HOW YOU FRAMED IT UP IN TERMS OF WILL COME BACK TO COUNCIL BECAUSE I THINK YOU ARE HIGHLIGHTING ONE SPECIFIC EXAMPLE IN THE TWO POLICY THAT MIGHT MAKE IT MORE CHALLENGING FOR PEOPLE TO BE ABLE TO BUILD IN 82. BUT I'D BE CURIOUS SINCE IT'S BEEN A DECENT AMOUNT OF TIME SINCE WE PASSED THE 82 STANDARDS YOU KNOW HAVE WE SEEN 80 USE BUILT AND IF NOT, WHAT ARE SOME OF THE BARRIERS THAT PEOPLE WHO ARE INTERESTED WHAT ARE THEY RUNNING INTO AND ARE THERE OTHER OPPORTUNITIES IF WE'RE GOING TO GO BACK TO THE POLICY LIKE LET'S LOOK AT IT MORE HOLISTICALLY AND SEE IF THERE ARE BROADER CHALLENGES BUT ALSO LIKE THE VERY SPECIFIC EXAMPLE THAT WE HAD TONIGHT THAT MIGHT BE MAKING IT HARDER. YEAH, I THINK COUNCILMEMBER CARTER AGREE WITH THAT COMPLETELY. I KNOW FOR EXAMPLE THERE'S ANOTHER ONE WHERE IF YOU'RE YOU HAVE WE HAVE AND I DON'T KNOW IF THIS IS THE STRUCTURE THING OR THE 80 USE SPECIFIC THING BUT LIKE OR THE ACCESSORY STRUCTURE VERSUS. ADU BUT LIKE WE HAVE SOME WE HAVE SOME MEASUREMENT REQUIREMENTS YOU KNOW, SIZE PERCENTAGES AND ALL THAT KIND OF STUFF THAT ARE ALSO OTHER PEOPLE PROBLEMS. SO IT'S PROBABLY WORTH LOOKING AT HOLISTICALLY AND THE LAST THING I WAS GOING TO MENTION IS JUST ON THE FENCE THING SO WE COULD THROW THAT INTO THE FEBRUARY 12TH DISCUSSION. I JUST I CAN'T FOR THE LIFE OF ME UNDERSTAND WHY THESE CIRCUMSTANCES ARE WHAT THEY ARE. SO EDUCATION ON MY END ABOUT WHY WE HAVE THAT IN THE FIRST PLACE SO THAT WE MIGHT CHANGE IT WOULD BE GREAT SO THANK YOU FOR CONSIDERING THOSE THINGS. IT'S SO FUNNY THAT THEY JUST HAPPENED TO BE PART OF THE MISCELLANEOUS DISCUSSION TONIGHT AND THEY HAVE BEEN EXPLICIT RESIDENT ENGAGEMENT QUESTIONS FOR ME OVER THE LAST TWO OR 3 TO 6 MONTHS SO TIMELY THE LAST THING WANTED TO MENTION IS JUST THAT I DID HAVE THE OPPORTUNITY TO GO TO THE NATIONAL LEAGUE OF CITIES CITY SUMMIT IN ATLANTA. I DIDN'T GET THE CHANCE TO TALK ABOUT THIS THE LAST TIME BECAUSE WE WERE OVER TIME AND IT WASN'T SUPER RELEVANT BUT I DID WANT TO YOU KNOW THERE ARE A LOT OF HIGHLIGHTS TOO TO CALL OUT THERE. THERE'S SOME INCREDIBLE WORK BEING DONE ON A NUMBER OF ISSUES THAT ARE RELEVANT TO . BLOOMINGTON WHETHER THAT'S ELECTRIFICATION OF THE TRANSPORTATION DIVISION GRID AND EVERYTHING. GREAT DISCUSSION I WE HAD WITH WITH OTHER FOLKS IN AROUND COUNTRY I THINK THERE WERE SOMETHING LIKE 8500 OF US OR SOMETHING. THERE'S A VERY BIG CONFERENCE THAT YOU KNOW, WE GOT THE CHANCE TO TALK ABOUT ALL KINDS OF REALLY INTERESTING THINGS BUT I HAD A REALLY ENGAGING DISCUSSION WITH FOLKS ABOUT MEANT I DON'T WANT TO CALL IT MANUFACTURED HOUSING BUT THERE'S SOME REALLY GREAT OPTIONS IN THE WORLD OF LIKE BRINGING IN , YOU KNOW, KIND OF THAT KIND OF HOUSING AND REALLY COOL THINGS WITH OUR YOU KNOW, CITY OWNED PROPERTIES. SO THAT'S ONE THING SOMETHING THAT I HAD ON MY MIND WHEN I THOUGHT THIS DO YOU THINK IN FACT BECAUSE THEY'RE REALLY COOL. THE OTHER THING THAT THERE'S A REALLY INTERESTING CONVERSATION AND FIRE SAFETY WHICH LIKE REALLY STRANGE THING ABOUT ELECTRIC BICYCLES BECAUSE THE LITHIUM ION BATTERIES AND CHARGING THEM IN PEOPLE'S HOMES AND SO DON'T KNOW IF SHE FEEL AND OTHERS HAVE DEALT WITH THAT YET BUT AS WE THINK ABOUT ELECTRIFICATION OF OF OUR OF OUR TRANSPORTATION AND PEOPLE USING E-BIKES CHARGING THEM INSIDE YOU KNOW LEADS TO LITHIUM ION FIRES IN SOME CASES AND SO THERE'S SOME STANDARDS AROUND THAT THAT WE MIGHT WANT TO CONSIDER ADOPTING FOR THE PURPOSES OF OUR MULTI-UNIT HOUSING. IT'S I KNOW IT SOUNDS SO STRANGE BUT IT'S A PROBLEM FOR PEOPLE EVERYWHERE BECAUSE THERE ISN'T AN ADOPTION OF LIKE FIRE STANDARDS ON THAT RIGHT NOW. SO SOMETHING ELSE TO THINK ABOUT. THE LAST THING I WILL SAY IS JOSE ANDRES WAS THERE AS ONE OF THE KEYNOTE SPEAKERS IF YOU DON'T KNOW WHO HE IS HE RUNS WORLD CENTRAL KITCHEN AND CREDIBLE NONPROFIT THAT GOES INTO REALLY, REALLY DIFFICULT AREAS AND FEEDS PEOPLE AND IT WAS SUCH AN HONOR TO BE PART OF THE MINNESOTA BECAUSE HE MADE THE COMMENT OF LIKE WHY HE DOESN'T UNDERSTAND FEEDING KIDS LUNCH IS IS A THING THAT PEOPLE ARGUE ABOUT AND THE WHOLE MINNESOTA CONTINGENT WAS TO STAND UP AND GO WE DO AND IT WAS REALLY AWESOME. SO THANKS AGAIN TO THE STATE LEGISLATURE FOR PASSING THAT AS A BIG DEAL AND WE ARE FIRST IN THE NATION AND I THINK A LOT OF PEOPLE WANT TO TALK TO US ABOUT HOW TO DO THAT. THERE. I KNOW THAT'S NOT A LOCAL THING BUT IT DOES AFFECT OUR BLOOMINGTON KIDS AND IT MEANT A LOT TO BE ABLE TO STAND UP AND AND HIGH FIVE OURSELVES ON THAT NOTE WHICH YOU KNOW IS IMPORTANT SO THANK YOU FOR THE TIME APPRECIATE IT AND THANKS FOR REPRESENTING BLOOMINGTON OF THE NATIONAL CITIES IS REALLY BY THE WAY THEY'RE IN THEIR 100TH YEAR THIS COMING YEAR SO THERE'S A LOT EXTRA ACTIVITIES THAT WILL HAPPEN. I DID GET A T-SHIRT. IT'S VERY EXCITING TO SAY 100 YEARS OF CITY LOVE OR WHATEVER IT IS I DON'T KNOW BUT IT WILL BE IN TAMPA TIME. SO DID YOU GET A CHANCE TO MEET CLARENCE ANTHONY ? I HAVE I'VE MET HIM BEFORE. YES. AND HE WAS THERE AND HE HAVING A BLAST? I'M SURE HE WAS. YEAH, I DON'T MIND ABOUT THAT. YEAH. CANCEL ANYTHING ELSE THIS EVENING COUNCILMEMBER LOWMAN AND THEN COUNCILMEMBER JUST REAL QUICK IF THE MANAGER I MEANT TO MENTION THIS EARLIER COULD MENTION SOMETHING ABOUT THE TREES BECAUSE I'VE GOTTEN A OF EMAILS ON A SIXTH STREET UNFORTUNATELY I'M UNSURE OF WHEN TO TAKE YOUR THUNDER ON THAT BUT YEAH MR. MAYOR AND COUNCIL MEMBERS COUNCILMEMBER AND COUNCILMEMBER CITY DID RECEIVE QUITE A BIT OF QUESTIONS FROM RESIDENTS THIS WEEKEND AND TODAY AFTER A OBVIOUS CUTTING OF SIGNIFICANT NUMBER TREES IN CENTRAL PARK IN THE AREA OF ABOUT 106TH AND HUMBOLDT THIS IS PART OF OUR NATURAL RESOURCE WOODLAND RESTORATION PROJECT THAT IS BEING DONE BY HENNEPIN COUNTY . WE'R A PARTN ITHAT PROJEC BUT HNEPINOUNTY ACTUALLY HIRED THE CONTRACTOR AND IS COORDINATING THE PROJECT AND THE WHOLE PURPOSE OF THAT IS TO OPEN AND OPEN THAT AREA BACK UP TO WHAT IS A NATURAL WOODLAND AND I THINK SOME FOLKS WERE CONCERNED BECAUSE THEY SAW A SIGNIFICANT AMOUNT OF WHAT WAS RED CEDAR THAT HAD BEEN CUT AND THAT'S A LARGE WOOD THAT IS ATTRACTIVE BUT IT'S NOT NATIVE TO PARTICULAR AREA AND SO WHAT IT HAS DONE OVER THE COURSE OF MANY DECADES IS ACTUALLY PROVIDE TOO MUCH COVER THAT KEEPS ON FROM GETTING IN . IT CAUSES SOIL EROSION AND A LOT OF CHANGE IN THE NATURAL STATE. SO THE WHOLE PURPOSE OF THE NATURAL WOODLAND RESTORATION PROJECT IS TO DO EXACTLY WHAT WHAT THE WORDS SAY RIGHT IS TRIED TO RESTORED TO ITS NATURAL STATE WHICH HAS A NUMBER OF OTHER TREES THAT PROVIDE MORE SUN ACCESSIBILITY INTO THE AREA AND IS FOR THE THE ENVIRONMENT AND THE ECOLOGY IN THAT AREA. NOW THE THING THAT I WILL SAY IS THAT WE TYPICALLY POST SIGNAGE WHEN WE'RE DOING A PROJECT LIKE THAT AND WE MISS DOING THAT THIS TIME AND IT WAS JUST A COORDINATION MISTAKE BETWEEN US AND COUNTY SINCE THEY WERE THE ONES THAT ARE LEADING THE PROJECT AND WE GOT SIGNS OUT THERE TODAY AND WILL ENDEAVOR NOT TO LET THAT HAPPEN AGAIN. THANK YOU FOR THE UPDATE. COUNCILMEMBER NIEMEYER YES THAT WAS ONE OF MY QUESTIONS AND ANOTHER THING THAT I WAS JUST THINKING ABOUT TODAY AS WE GOING THROUGH THE MISCELLANEOUS ISSUES THAT I JUST THREW OUT THERE I I WONDER IF THERE'S A WAY OR OPPORTUNITY FOR US TO REVIEW OUR ORDINANCES AND POLICIES GENERAL AS THEY AGE MAYBE WHEN AN ORDINANCE HITS 30 YEARS OR 40 YEARS IT'S AN AUTOMATIC REVIEW TO SEE IF IT'S RELEVANT BECAUSE THINGS THAT WERE RELEVANT IN 1983 OR MIGHT NOT BE RELEVANT TODAY AND SO PUTTING THAT OUT THERE AS WE START LOOKING AT HOW WE STREAMLINE THINGS, HOW WE MAKE SURE THAT WE'RE WORKING MORE EFFICIENTLY TO MAKE SURE OUR ORDINANCES ARE UP TO DATE AND CURRENT AND SERVING THE CURRENT NEEDS INTO THE FUTURE. GOOD SUGGESTION COUNCILMEMBER. I APPRECIATE THAT THANKS IS THERE ANYTHING ELSE COUNCIL IF NOT COUNCILMEMBER MARTIN AND ENTERTAIN A MOTION TO ADJOURN A MOTION IN A SECOND TO ADJOURN NO FURTHER COUNCIL DISCUSSION ALL IN FAVOR PLEASE SIGNIFY BY SAYING I I THE MOTION CARRIES SEVEN ZERO THANKS MUCH COUNSEL GOOD DISCUSSIONS TONIGHT THANKS TO EVERYBODY WHO WAS HERE AND AND THE DISCUSSIONS THAT TOOK PLACE WITHIN THE VOTE WITHIN THE COUNCIL CHAMBERS AND EVERYBODY WHO WATCHED ONLINE AND THANK YOU COUNCILMEMBER RUN ENJOY