August 28, 2023 Bloomington City Council Meeting
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. GOOD EVENING EVERYONE AND WELCOME. I WILL CALL TO ORDER THE CITY COUNCIL MEETING FOR MONDAY AUGUST 28TH, 2023. THANK YOU FOR JOINING US HERE IN THE COUNCIL CHAMBERS. THANKS FOR EVERYBODY WATCHING ONLINE THIS EVENING WE WILL START OUR MEETING AS WE ALWAYS DO WITH THE PDGE OF ALLEGIANCE IF YOU'RE ABLE PLEASE STAND AND JOIN ME IN THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG OF UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. ONCE AGAIN, THANK YOU TO EVERYONE WITH US THIS EVENING. OUR FIRST ORDER OF BUSINESS IS TO APPROVE TONIGHT'S AGENDA AND ON THE AGENDA EVENING UNDER OUR INTRODUCTORY ITEMS WE HAV TWO PROCLAMATIONS ONE FOR NATIONAL SUICIDE PREVENTION MONTH AND WEEK AND ANOTHER FOR INTERNATIONAL OVERDOSE AWARENESS DAY. ALSO UNDER OUR INTRODUCTORY ITEMS WE'VE GOT A RATE OF HOLMES SPOTLIGHT CITY AWARD WHICH I'M LOOKING FORWARD TO TO TO HEARING MORE ABOUT AND RECEIVING. AND WE'LL DO OUR INTRODUCTION TO NEW EMPLOYEES IS OUT OF 2.4. WE HAVE 18 ITEMS AT OUR CONSENT BUSINESS THIS EVENING. COUNCILMEMBER NELSON HAS OUR CONSENT AGENDA UNDER ITEM FOR OUR HEARINGS RESOLUTIONS AND ORDINANCES WE HAVE A PUBLIC HEARING REGARDING A CITY CODE AMENDMENT FOR MURALS OUR MURALS ORDINANCE AND THIS SUPPORTING POLICY. AND THEN WE HAVE A SECOND ITEM THAT IS NOT NECESSARILY A PUBLIC HEARING BUT WE ARE GOING TO HAVE A PUBLIC COMMENT OPPORTUNITY AND THIS IS AS WE DISCUSS AND HOPEFULLY ACCEPT OUR WEST 90TH STREET AND 35 STUDY REPORT UNDER BUSINESS WE'VE GOT THREE ITEMS ARE ITEM 5.1 WILL BE AN UPDATE DISCUSSION ON CANNABIS LEGISLATION AND HOW IT AFFECTS THE OF BLOOMINGTON AND IN 5.2 IS AN UPDATE ON OUR 2023 MUNICIPAL ELECTIONS AND WE WILL WRAP UP THIS EVENINGITH ITEM 5.3 OUR CITY COUNCIL POLICY AND ISSUE UPDATE COUNCIL ANY ADDITIONS SUBTRACTIONS QUESTIONS ABOUT TONIGHT'S HEARING? NONE. I WOULD MOVE APPROVAL OF TONIGHT'S AGENDA AS IN SECOND MOTION IN A SECOND TO ACCEPT TONIGHT'S AGENDA. NO FURTHER DISCUSSION ON THIS. ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I PROPOSED THE MOTION CARRIES SIX ZERO NOTING THAT COUNCILMEMBER MARTIN IS NOT WITH US THIS EVENING AND SO WILL MOVE ON TO ITEM TO OUR INTRODUCTORY ITEMS AND AS I SAID WE'VE GOT TO PROCLAMATION SO I'M GOING TO COME DOWN TO THE PODIUM AND READ THE PROCLAMATION PROCLAMATION . OKAY. AS I SAID, WE'VE GOT TWO PROCLAMATIONS THIS EVENING AND I WILL JUST START WE'LL START WITH THE THE FIRST ONE AND THEN WE'LL PROVIDE SOME CONTEXT AFTER WE READ THROUGH THE PROCLAMATION AND THIS IS A PROCLAMATION FOR NATIONAL SUICIDE PREVENTION MONTH WHICH IS SEPTEMBER 23 AND NATIONAL SUICIDE PREVENTION WEEK WHICH IS SEPTEMBER 10TH THROUGH THE 16TH AND 2023. WHEREAS SUICIDE IS A MAJOR PUBLIC HEALTH ISSUE THAT REQUIRES VIGILANT ATTENTION AND PREVENTATIVE ACTION. WITH 835 MINNESOTANS DYING BY SUICIDE IN 2022. AND. WHEREAS, EACH DEATH BY SUICIDE DIRECTLY IMPACTS NUMEROUS FAMILY MBERS FRIENDS LOVED ONES AND BY EXTENSION THE ENTIRE COMMUNITY. AND. WHEREAS THE CITY OF BLOOMINGTON IS COMMITTED TO ENSURING THAT THOSE IN NEED HAVE ACCESS TO SERVICES HEALTH CARE PROVIDERS TRAINED IN BEST PRACTICES TO REDUCE SUICIDE RISK AND TO REDUCING THE STIGMA ASSOCIATED WITH USING BEHAVIORAL HEALTH TREATMENT OR LOSING A LOVED ONE TO SUICIDE . AND. WHEREAS, THE BLOOMINGTON PUBLIC HEALTH DIVISION IS A MEMBER OF THE HENNEPIN COUNTY COMMUNITY HEALTH IMPROVEMENT PARTNERSHIP WHICH HAS IDENTIFIED MENTAL HEALTH WELL-BEING AS A PRIORITY FOR THEIR 2019 2023 STRATEGIC PLAN. AND. WHEREAS, THE CITY OF BLOOMINGTON ORGANIZATIONS SUCH AS SUICIDE AWARENESS VOICES OF EDUCATION THE ACRONYM THERE IS SAVE AND THE MINNEAPOLIS VA HEALTH CARE SYSTEMS FOR THEIR EFFORTS IN EDUCATING THE PUBLIC AND PROVIDING SERVICES FOR THOSE AT RISK. AND. WHEREAS THE MONTH OF SEPTEMBER IS RECOGNIZED AS SUICIDE PREVENTION MONTH AND SEPTEMBER 10TH THROUGH THE 16TH IS RECOGNIZED ACROSS THE UNITED STATES AS SUICIDE PREVENTION WEEK. NOW THEREFORE I'M HERE. TIM BUSS YOU DO HEREBY PROCLAIM SEPTEMB ASUICIDE PREVENTION MONTH AND SEPTEMBER 10TH THROUGH THE 16TH AS NATIONAL SUICIDE PREVENTION WEEK IN THE CITY OF BLOOMINGTON AND CALL UPON THE PEOPLE OF BLOOMINGTON TO OBSERVE THIS MONTH AND THIS WEEK BY WORKING WITH YOUR FAMILIES FRIENDS NEIGHBORS COWORKERS AND LEADERS TO BECOME MORE INFORMED OF MENTAL HEALTH ISSUES THAT CONTRIBUTE TO SUICIDE. SAYING THAT THIS DAY THE 20TH DAY OF AUGUST OF 2023 THIS IS BECOME AN ANNUAL HERE FOR THE CITY OF BLOOMINGTON AND ONE I THINK THAT'S VERY IMPORTANT AND I'M ALWAYS TO TO PRESENT IT TO TO THE PUBLIC AND I DO WANT TO TAKE A MOMENT TO THANK OUR CITY STAFF WHO HAVE WORKED SO HARD TO PROMOTE SUICIDE PREVENTION AND TO REDUCEHE STIGMA ASSOCIATED WITH SUICIDE. I WANT TO RECOGNIZE STAFF THAT HAVE BEEN PERSONALLY AFFECTED BY THE LOSS OF A LOVED ONE DUE TO SUICIDE AND FOR THOSE THAT HAVE BEEN IMPACTED BY ATTEMPTED SUICIDE OR SUICIDE IDEATION, I'D ALSO LIKE TO HIGHLIGHT A RESOURCES THIS EVENING. FIRST A REMINDER THAT HELP IS JUST A CALL OR A TEXT AWAY FOR ANYONE IN A MENTAL HEALTH CRISIS. INDIVIDUALS IN THIS COUNTRY CAN CALL OR TEXT 988 FOR HELP . THE NATIONAL COUNCIL FOR SUICIDE PREVENTION HAS A CAMPAIGN CALLED TAKE FIVE TO SAVE LIVES WHICH ENCOURAGES EVERYONE TO COMPLETE FIVE ACTION STEPS. THE STEPS FALL UNDER THE THEMES OF LEARN, KNOW, DO TALK AND SHARE AND WANT YOU TO VISIT THE WEBSITE TAKE FIVE TO SAVE LIVES TALK TO GET VOLVED THAT'S TAKE FIVE THE NUMERAL FIVE TO SAVE LIVES DOT ORG YOU CAN ALSO TAP INTO RESOURCES THROUGH THE CITY'S WEBSITE AND YOU'LL FIND VALUABLE INFORMATION IN SEPTEMBER BRIEFING AND WE HAVE A COUPLE OF REPRESENTATIVES WHO I'D LIKE TO CALL FORWARD NOW AND POSSIBLY SAY A FEW THINGS WITH US THIS EVENING WE HAVE WE HAVE ANDREA PERRY THE COMMUNITY ENGAGEMENT AND PARTNERSHIPS COORDINATOR FOR SUICIDE PREVENTION WITH THE MINNEAPOLIS VA HEALTH CARE SYSTEM AND IN PERSON TWO FOLKS FROM SAVE THE EXECUTIVE DIRECTOR ERIC MICHI AND JAN OWENS, A SENIOR PROGRAM MANAGER WITH US THIS EVENING. THE SAVE OFFICE IS LOCATED RIGHT HERE IN BLOOMINGTON. INVITE YOU TO COME FORWARD OR YEAH PLEASE. AND AS I LOOKED AROUND THERE YOU ARE AND ANDREA, IF YOU WOULD LIKE TO JOIN US IF SHE'S ONLINE AELL IT'S YOUR CAMERA ON THIS, MA'AM. YOU GUYS HEAR ME OKAY? YES, WE CAN. GOOD EVENING. WELCOME. THANKS FOR BEING HERE TONIGHT. TONIGHT THANK YOU FOR HAVING ME MY OKAY TO START OR SHOULD I YOU THE SECOND PRESENTER HERE WHY DON'T WE GO WITH THE NUMBER TWO? YOU WERE BREAKING UP FOR JUST A SECOND THERE. WHY DON'T WE GIVE THE THE CONNECTION TIME TO STABILIZE A LITTLE BIT? WHY DON'T WE GO AHEAD FABULOUS. THANK YOU. WELL, THANK YOU, MAYOR AND THANK YOU CITY COUNCIL AND TO ALL THE STAFF IN BLOOMINGTON FO THE OPPORTUNITY TO BE HERE AND THE PCLAMATION HERE AS THE MAYOR MENTIONED WITH OUR PROGRAM DIRECTOR GENERAL WINS AND EVERY YEAR WE HOPE THAT WHEN WE HAVE THIS PROCLAMATION THAT THOSE NUMBERS ARE LOWER BUT IMPORTANT IS THAT EVERY SINGLE YEAR WE REMEMBER THAT OUR GOAL AND OBJECTIVE IS SOCIETY AS ORGANIZATION IS TO RAISE AWARENESS TO PROVIDE EDUCATION AND TO DO WHAT WE CAN TO SAVE LIVES AND HELP PREVENT SUICIDE IN . EQUALLY IMPORTANT TO ALSO BE AVAILABLE TO HELP SUICIDE SURVIVORS TO PROVIDE THEM WITH COMFORT AND SUPPORT AND TO CONTINUE REDUCE AND ELIMINATE THE STIGMA OF SUICIDE IN SOCIETY. EVENTS LIKE THIS PROCLAMATIONS LIKE THIS MAKE A BIG DIFFERENCE IN DOING THAT SO ON BEHALF OF GEN ALL OF US AT SAVE OUR BOARD OF DIRECTORS AND THE AND THOSE THAT YOU HELP SUPPORT THANK YOU FOR THIS. YOU'RE VERY WELCOME. ABSOLUTELY THANK YOU. THANK YOU. YOU KNOW I SAID PERFECTLY. THANK YOU, ANDREA. GO AHEAD. ALL RIGHT. HOPEFULLY YOU CAN HEAR ME OKAY . YES, VERY GOOD. GOOD EVENING, EVERYBODY. THANKS FOR HAVING ME. MY NAME IS ANDREA PERRY OF OUR REGISTERED AT THE MINNEAPOLIS V.A. AND MORE IMPORTANTLY, I'M ON OUR SUICIDE PREVENTION TEAM. I'M A COMMUNITY ENGAGEMENT PARTNERSHIP COORDINATOR. SO WHAT THAT MEANS IS I'M OUT IN THE COMMUNITY MEETING WITH FOLKS LIKE YOU ALL WHO ARE INTERACTING WITH OUR VETERANS SERVICE MEMBERS AND THEIR FAMILIES. SO WE KNOW THAT VETERANS ARE HAPPENING. INCREASED RISK FOR DIED BY SUICIDE. THEY DIE BY SUICIDE 1.5 TIMES MORE OFTEN AND THEIR CIVILIAN COUNTERPARTS. SO WE ALSO KNOW THAT THE MAJORITY OF OUR VETERANS TWO THIRDS ARE OUT IN THE COMMUNITY AND NOT CONNECTED OR SEEN AT VA. AND SO MY ROLE IS TO EDUCATE COMMUNITY THAT EVERYBODY HAS A ROLE AND WE ALL HAVE A ROLE TO PLAY IN SUICIDE PREVENTION ESPECIALLY WITH OUR VETERANS. AND SO BY EDUCATING, YOU KNOW, LOCAL PASTORS, TEACHERS MAYBE AN EMPLOYEE OR EMPLOYER OF THAT COMMUNITY AND ALSO VARIOUS EMPLOYEES AT LARGE SMALL COMPANIES, ANYONE WHO WOULD INTERACT WITH A VETERAN AND THE TOOLS THAT IT TAKES TO RECOGNIZE WHEN SOMEONE IS FEELING SUICIDAL OR THINKING ABOUT SUICIDE AND HOW TO ASK QUESTION AND THEN HOW TO GET THEM TO RESOURCES. SO THIS IS A GREAT OPPORTUNITY AND A WONDERFUL MOVEMENT THAT BLOOMINGTON IS MAKING THIS PROCLAMATION THIS EVENING AND I'M VERY PLEASED AND HAPPY TO BE WORKING WITH THE BLOOMINGTON CARES GROUP AND TEAM TO TRY TO BRING COMMUNITY SUICIDE PREVENTION FOR OUR VETERANS INTO BLOOMINGTON. THANK YOU. THANK YOU, ANDREA AND ERIC AGAIN, THANK FOR THE IMPORTANT WORK THAT YOU DO IN OUR COMMUNITY. AND WHEN I SAY COMMUNITY I KNOW IT'S MUCH BIGGER THAN BLOOMINGTON AND I APPRECIATE YOUR BEING IN BLOOMINGTON AN IMPORTANT PART OF OUR BLOOMINGTON RESOURCE COMMUNITY AND WELL BEYOND. SO THANK YOU. THANK YOU. THANK YOU. ABSOLUTELY THANK YOU ALL VERY MUCH CHRISTINE, WE'RE ACTUALLY WITH THIS OH, YOU MAY CERTAINLY GET A QUICK PICTURE . WE'RE ALL ABOUT QUICK PICTURES. YOU GOT TO DO PICTURE AND WE'RE IN THE SAME PERFECT THING VERY MUCH. THANK YOU. THANK YOU, EVERYBODY. AND ANDREA THANK YOU THANK YOU FOR YOUR IMPORTANT WORK WITH THE VA AS WELL. THANK YOU. THANK YOU . OUR SECOND PROCLAMATION THIS EVENING IS A ARE ALSO AN EQUALLY IMPORTANT IN AND TIMELY PROCLAMATION THAT I'M PLEASED THAT WE CAN RECOGNIZE THE INTERNATIONAL OVERDOSE AWARENESS DAY WHICH IS AUGUST 31ST 2023. WHEREAS DRUG OVERDOSES BOTH FATAL N-FATAL CONTINUE TO IMPA OUR NATION. AND. WHEREAS THE MAJORITY OF OVERDOSE DEATHS IN THE UNITED STATES INVOLVE OPIOIDS . AND. WHEREAS, IN MINNESOTA THE NUMBER OF DEATHS FROM OPIOIDS OVERDOSES DOUBLED FROM 2019 TO 2021. AND. WHEREAS IN 2022 THE BLOOMINGTON POLICE DEPARTMENT RESPONDED TO 77 OVERDOSES OF WHICH 19 WERE FATAL. AND. WHEREAS, THE STATE OF MINNESOTA HAS JOINED A MULTISTATE SETTLEMENT INTENDED TO COMBAT THE OPIOID CRISIS THE STATE AND THE LOCAL LEVEL. AND. EREAS THE BLOOMINGTON PUBLIC HEALTH DIVISION IS COLLABORATING WITH STAKEHOLDERS ACROSS BLOOMINGTON, EDINA AND RICHFIELD TO ADDRESS OPIOID PREVENTION RAPID RESPONSE AND TREATMENT NEEDS ACROSS THE THREE CITIES. AND. WHEREAS, THE CITY OF BLOOMINGTON RECOGNIZES RESOURCES SUCH AS 988 NATIONAL SUICIDE AND CRISIS LIFELINE FOR PEOPLE EXPERIENCING MENTAL HEALTH OR SUBSTANCE USE CRISIS AND THE IMPORTANCE OF KNOWING WHEN AND HOW TO ACCESS AND USE NALOXONE. I THINK I SAID THAT CORRECTLY AND WHEREAS DATE OF AUGUST 31ST IS RECOGNIZED AS THE INTERNATIONAL OVERDOSE AWARENESS DAY NOW THEREFORE I'M HERE TO EMBASSY DO HEREBY PROCLAIM AUGUST 31ST 2023 AS INTERNATIONAL OVERDOSE AWARENESS DAY IN THE CITY OF BLOOMINGTON AND CALL UPON THE PEOPLE OF BLOOMINGTON TO OBSERVE THIS BY VISITING BLM DOT M IN FORWARD SLASH OPIOIDS TO LEARN MORE ABOUT LOCAL RESOURCES AND BLOOMINGTON'S APPROACH TO THE OPIOID CRISIS SIGNED THIS DAY THIS 28TH DAY OF AUGUST OF 2023. AS I SAID VERY IMPORTANT AND TIMELY TOPIC NOT ONLY HERE IN BLOOMINGTON BUT ACROSS THE TWIN CITIES AND ACROSS THE STATE OF MINNESOTA AND ACROSS THE COUNTRY. AND I SEE DR. KELLY HERE THIS EVENING. DR. KELLY, ANYTHING TO ADD TO THIS TO THE IMPORTANT WORK THAT YOU'RE DOING? WELL, THANKS TO YOU AND TO YOUR STAFF FOR YOUR LEADERSHIP ,THIS AND ESPECIALLY ACROSS THE THREE CITIES THAT OUR DEPARTMENT OF HEALTH SERVES AND ALSO AS I SAID, YOUR YOUR LEADERSHIP ACROSS, THE TWIN CITIES I KNOW THAT BLOOMINGTON HEALTH DEPARTMENT IS RECOGNIZED BY SO MANY AS AS AN OUTSTANDING RESOURCE FOR A VARIETY OF ISSUES AND CERTAINLY FOR OPIOID OVERDOSE AWARENESS. SO THANK SO VERY MUCH . ITEM 2.3 ON OUR AGENDA IS A PARADE OF HOMES SPOTLIGHTS CITY AWARD MISTY FOR MR. FAROOQI. I CAN INTRODUCE THIS ONE FOR US. THANK YOU MR. MAYOR FOR. HOUSING FIRST MINNESOTA REACHED OUT TO US IN AND WITH THE UPCOMING PARADE OF HOMES THAT'S GOING TO BE HAPPENING AND THEY WANTED TO ACKNOWLEDGE WORK THAT THE CITY OF BLOOMINGTON HAS BEEN DOING SO. WE WANT TO INVITE REPRESENTATIVES FROM HOUSING FIRST TO COME FORWARD AND TALK ABOUT THE THE SPOTLIGHT AWARD THAT THEY'RE GOING TO PRESENT AND THANKFUL THEM FOR BEING HERE. EVENING. GOOD EVENING. WELCOME. THANK YOU, MR. MAYOR. MEMBERS OF THE COUNCIL MY NAME'S NICK ERICKSON. IT'S A PLEASURE TO BE BACK HERE AGAIN. I'M SENIOR DIRECTOR OF HOUSING POLICY FOR HOUSING FIRST MINNESOTA. I'M JNE TONIGHT BY SARA DELONG OF BROWN CUTLER CONSTRUCTION AND TONY WEINER OF CARDINAL HOME BUILDERS. THESE ARE TWO OF OUR HOMEBUILDER MEMBERS WHO ARE DOING A LOT FOR OUR BOARD AND THROUGH THEIR COMPANIES TO HELP AMERICA OR HELP MINNESOTANS ACHIEVE THE DREAM OF HOME HOMEOWNERSHIP. AND THAT IS OUR CENTRAL MISSION MISSION AND THAT'S WHY WE'RE HERE TODAY. WE HAVE FOR THE FIRST TIME EVER CREATED THE PRIDE HOME SPOTLIGHT COMMUNITY AWARD AND THIS IS FOR IT'S RECOGNIZED THE WORK THE CITY OF BLOOMINGTON IS DOING TO HELP FULFILL OUR MISSION OF HOMEOWNERSHIP OPPORTUNITIES FOR ALL. THIS IS PART OOUR 75TH ANNIVERSARY CELEBRATION WAS THE REASON TO CREATE THIS AWARD PARADE HOMES IS CELEBRATING 75 YEARS TODAY AND IT STARTED AT A TIME WHICH AFFORDABLE AND TENABLE HOUSING WAS OUR ORGANIZATION MISSION FOLLOWING THE SECOND WORLD WAR AND THERE'S A PERIOD OF TIME WHICH IMPORTANT FOR BLOOMINGTON BECAUSE THAT IS A PERIOD OF TIME WHICH BLOOMINGTON DEVELOPMENT COMMUNITY PARTNERED SO THAT YOU COULD BUILD YOUR COMMUNITY YOU AFFORDABLE HOMES HAS CREATED THE COMMUNITY THAT WE KNOW TODAY BUT AS A STATE WE HAVE LOST SIGHT OF THAT GOAL OVER THE LAST YOU KNOW, TWO DECADES AND REALLY THE ACTIONS YOU HAVE TAKEN AS A COUNCIL TO MAKE BLOOMINGTON A HOME FOR MORE MINNESOTANS BY MODERNIZING YOUR ZONING POLICIES IS REALLY WHY WE'RE HERE TODAY. AND SO AS PART OF THE 75TH ANNIVERSARY WE WANTED TO PRESENT TO YOU THE FIRST EVER BLUE PRIDE OF HOME SPOTLIGHT AWARD. SO LIKE TO SEE THAT ALSO WHEN WE GET A DECENT PICTURE NOW GOING TO BE KIND THAT IS GREAT YEAH THIS IS FINGERPRINTS YEAH . CONGRATULATIONS. THANK YOU SO VERY GREAT HONOR. THANK YOU VERY MUCH . WELL, THIS IS INDEED AN HONOR. THANK YOU SO VERY MUCH FOR THIS AND THANKS TO EVERYONE INVOLVED WITH THROUGH THE PARADE OF HOMES WE'RE WE'RE PROUD OF THE WORK THAT WE'VE DONE HERE IN BLOOMINGTON AND. IT'S NOT JUST THE SEVEN OF US WHO SIT UP HERE. IT'S IT'S THE OUTSTANDING LEADERSHIP THAT WE HAVE. IT'S OUR FOLKS IN ON THE EXECUTIVE TEAM. IT'S OUR FOLKS WORKING DAILY ON THESE ISSUES THAT HAVE REALLY MADE DIFFERENCE. AND A I SAID, IT'S IT'S SOMETHING THAT WE'RE PROUD OF AND I KNOW THAT NOT ONLY WE BUT THE ENTIRE CITY OF BLOOMINGTON EVERY TIME I BRING THIS UP WITHIN THE COMMUNITY, THE WORK THAT WE'VE PUT IN THE THE RESULTS THAT WE HAVE SEEN OVER THE PAST FEW YEARS, IT GENERALLY GENERATES A ROUND OF APPLAUSE BECAUSE PEOPLE UNDERSTAND THE IMPORTANCE OF HOME THAT WITHOUT A STABLE AND CLEAN AND SAFE HOME TO COME HOME TO EVERY NIGHT WITHOUT THAT EVERYTHING ELSE IS IS LOOSE. IT ALL FALLS APART. BUT TO HAVE THAT AS AN ANCHOR OF STABILITY TO A PERSON'S LIFE IN SO MANY DIFFERENT WAYS AND SO PROUD TO DO IT THANK YOU SO VERY MUCH FOR RECOGNIZING THE WORK THAT WE PUT INTO IT GREATLY APPRECIATE IT. THANKS HANNAH TO YOU SO WE DON'T BREAK IT YET. THANK YOU. YEAH, NO ITEM 2.4 ON OUR AGENDA WE HAVE INTRODUCTION OF SOME OF OUR NEW EMPLOYEES THIS MONTH OR THIS WEEK AGAIN . WE'VE GOT A COUPLE OF DIFFERENT GROUPS HERE BOTH FROM I THINK IT SAYS IN MY NOTES BOT FROM FINANCE AND IT IS THAT CORRECT WHO WANTS TO GO FIRST AMY? WHY DON'T YOU GO FIRST? LET'S GO WITH IT FIRST. GOOD EVENING AND WELCOME. GOOD EVENING, MAYOR. MEMBERS OF THE COUNCIL AMY CHENEY AND THE CIO FOR THE CITY TONIGHT. IT IS MY PLEASURE. INTRODUCE THREE NEW I.T EMPLOYEES. FIRST WE HAVE MOLLY MCDONALD. MOLLY STARTED WITH THE CITY ON JUNE 20TH. SHE IS OUR GIS COORDINATOR AND SHE'S GEOSPATIAL INFORMATION SYSTEMS. I'M SORRY. THAT'S GEOGRAPHICAL RIGHT? OKAY I HAVE IT ON MY NOTES. SO MOLLY IS RESPONSIBLE FOR COORDINATING THE IMPLEMENTATION OF THE GIS STRATEGIC PLAN FOR THE CITY AS WELL AS HANDLING DAILY REQUESTS FROM ALL OF OUR CITY DEPARTMENTS. SHE MOSTLY MOST RECENTLY FOR THE 106 GROUP WHERE SHE WAS THE SENIOR GIS ANALYST, PROJECT MANAGER AND PROCESS MANAGER. SO YOU CAN SEE SHE ONLY HAS ONE TITLE HERE SO I THINK SHE'S PRETTY HAPPY ABOUT THAT . MOLLY HOLDS A DEGREE IN ENVIRONMENTAL STUDIES AND POLITICAL SCIENCE FROM THE UNIVERSITY OF MINNESOTA DULUTH DISCUSSING GREENHAM. WELCOME. THANK YOU. THANK YOU FOR YOUR TIME TONIGHT. I AM HAPPY TO BE HERE EXCITED TO BE WORKING AT THE CITY OF BLOOMINGTON AND LOOKING FORWARD TO COLLABORATING WITH EVERYONE HERE ON GOOD WE'RE VERY GLAD HAVE YOU ON BOARD AND EVEN THOUGH YOU HAVE JUST ONE JOB TITLE HERE IT'S A BIG JOB I UNDERSTAND THAT WE I KNOW PUT A LOT OF EMPHASIS AND RELIANCE ON OUR GUYS WORK WITHIN THE CITY. SO WELCOME ABOARD. YES, THANK YOU. THANK YOU. AND NEXT WE HAVE SETH AUNT SETH JOINED US ON AUGUST 14TH AND HE IS OUR APPLICATIONS ADMINISTRATOR. HE'LL BE INVOLVED WITH IMPLEMENTING AND SUPPORTING ALL OF THE CITY'S MANY SOFTWARE APPLICATIONS AND HIS MOST RECENT EXPERIENCE THE MINNESOTA ARMY NATIONAL GUARD WHERE HE WAS A NETWORK SYSTEMS OPERATOR AND SETH IS A RECENT GRADUATE OF METROPOL FULLERTON STATE UNIVERSITY. GOOD EVENING SELF WELCOME. YEAH HI NICE TO MEET YOU GUYS. NICE TO BE HERE AND THANK GUYS FOR THE OPPORTUNITY TO HAVE A POSITION WITH YOU. I'M VERY HAPPY TO BE PART OF THE CITY OF BLOOMINGTON. GOOD. AND WE'RE VERY HAPPY TO HAVE YOU WELCOME. AND WE HAVE JAMES HAN JAMES ALSO JOINED US ON AUGUST 14TH BUT PRIOR TO THAT HE WAS A CONTRACTOR WITH THE CITY AND AS RECENT AS MARCH OF THIS YEAR HE IS A DESKTOP SUPPORT SPECIALIST AND RESPONSIBLE FOR END USER SUPPORT AND IMPLEMENTING A WIDE VARIETY OF NETWORK EQUIPMENT LIKE LAPTOPS, DESKTOPS AND MOBILE DEVICES. PRIOR TO WORKING WITH THE CITY HE WAS A VIRTUAL REALITY CONCIERGE AND I.T EQUIPMENT MANAGER WITH THE RAM FIVE VR LAB AND JAMES HOLDS A B.A. IN PSYCHOLOGY FROM THE UNIVERSITY OF MINNESOTA TWIN CITIES. GOOD EVENING. WELCOME THANKS. THANK YOU FOR HAVING ME HERE. THIS IS MY FIRST GOVERNMENT JOB SO THANK YOU FOR THE OPPORTUNITY TO ALLOW ME TO WORK IN THIS ENVIRONMENT DURING MY TIME HERE I'VE ENJOYED WORKING WITH OTHER MEMBERS OF MY TEAM AND OTHER MEMBERS OF THE CITY SO LOOKING FORWARD TO WHAT'S TO COME AS ARE WE. WELCOME ABOARD. THANK YOU. WELCOME TO YOU ALL. THANK YOU. AND AS I SAID, I THINK WE'VE GOT A COUPLE OF FOLKS AT LEAST ONE OR TWO IN FINANCE LAURIE ECONOMY SHOULDER GOOD EVENING GOOD EVENING MAYOR AND COUNCIL I HAVE THE PLEASURE OF INTRODUCING TWO INDIVIDUALS THAT JOINED FINANCE IN JULY NANCY THE COYOTE JOIN THE FINANCE TEAM AS ACCOUNTING ASSISTANT AND UTILITY BILLING NANCY RECENTLY WORKED FOR THE LEADVILLE AREA SCHOOLS FOR THREE AND A HALF YEARS AS A FINANCE ASSISTANT AND PRIOR TO THAT WITH THE BURNSVILLE EAGAN SANDWICH SCHOOL DISTRICT FOR YEARS ON A PERSONAL NOTE SHE WILL BECOME A GRANDMOTHER THE FIRST TIME IN LESS THAN A MONTH. NANCYOOD EVENING, NANCY. GOOD EVENING, EVERYBODY. THANK YOU FOR HAVING ME HERE. I WANT TO SAY THIS PAST MONTH WORKING FOR THE CITY OF BLOOMINGTON HAS A PLEASURE AND ALL OF THE PEOPLE THAT I WORK WITH ARE JUST VERY, VERY GRACIOUS AND FRIENDLY AND AWESOME. I'M GOOD. THANKS FOR FOR BEING HERE. YOU ARE THE SECOND PERSON TODAY THAT I'VE MET WHO CAME TO US FROM THE LETHAL SCHOOL DISTRICT. REALLY IT'S JUST KIND OF A FLUKE. I DON'T KNOW EXACTLY. WELCOME. THANK YOU. AND THEN I'D LIKE TO INTRODUCE ERICA. ERICA JOINED THE FINANCE TEAM AS AN ACCOUNTANT SERVING THE CITY AND HRA. SHE EAGERLY AWAITED THE OPENING OF THIS POSITION FOR THE PAST YEAR BECAUSE SHE WANTED TO BE MORE IN THE CITY IN WHICH SHE LIVES AND ITS NEIGHBORING COMMUNITIES AND SHE IS VERY GRATEFUL TO BE HERE. ERICA DECIDED TO WHEN SHE WANTED TO GO TO THE UNITED STATES AT THE AGE OF 17 BY HERSELF AND AND WHEN SHE CAME TO THE UNITED STATES AND SHE WENT TO WASHINGTON STATE STARTED AS A FRESHMAN IN COLLEGE THERE AND SHE LATER TRANSFERRED TO THE UNITED CHRISTY, MINNESOTA TWIN CITIES WHERE SHE EARNED A BACHER DEGREE IN QUANTITATIVE ECONOMICS. SHE IS CURRENTLY IN THE PROCESS OF OBTAINING HER MASTER'S DEGREE IN ACCOUNTING WHILE WORKING FULL TIME FOR US. AND THEN PRIOR TO JOINING THE CITY ERICA HOLD FOR ACCOUNTING SKILLS AND FINANCE SKILLS AT A REGIONAL CPA FIRM. IN THAT CAPACITY SHE WORKED WITH CLIENTS ACROSS THE COUNTRY DOING FINANCIAL STATEMENT REVIEW OFFERING BUSINESS CONSULTATION AND HANDLING TAX PREPARATION BY DIRECTLY MANAGING A TEAM OF NINE STAFF. AND DURING HER FREE TIME SHE ENJOYS PLAYING THE VIOLIN AND IS PREPARING TO AUDITION FOR THE BLOOMINGTON SYMPHONY WHERE . GOOD EVENING. GOOD EVENING, MAYOR AND COUNCIL MEMBERS. IT'S VERY NICE MEET YOU A I REALLY WANT TO THANK YOU FOR THE OPPORTUNITY TO WORK FOR THE CITY OF BLOOMINGTON. EVERYONE HAS BEEN REALLY NICE AND I'M VERY MUCH ENJOYING MY TIME HERE. THANK YOU. I'M GLAD TO HEAR THAT. WELCOME NANCY. ERICA, WELCOME. THANKS FOR BEING WITH US THIS EVENING. THANKS FOR JOINING US HERE IN THE CITY OF BLOOMINGTON . WE WILL MOVE ON IN OUR AGENDA TO ITEM THREE WHICH IS OUR CONSENT BUSINESS COUNCIL. COUNCILMEMBER NELSON HAS THE CONSENT AGENDA TONIGHT AND I THINK WE'VE GOT AT LEAST A COUPLE THINGS THAT WE WE NEED TO TALK ABOUT. COUNCIL MEMBER DIDN'T. COUNCILMEMBER NELSON YEAH ON HOLD HOLDS THAT YOU HAVE HEARD A VOTE OF 3.2 AND 3.15 AND THE THOSE ALL OF THE THE OTHER THING THAT I AM JUST GOING TO MENTION HERE BECAUSE OF MY RELATIONSHIP WITH A COMPETITOR OF BOULDER SEMICONDUCTOR ITEM 3.12 IF ANYBODY HAS QUESTIONS THAT I AM GOING TO STEP AWAY AND TURN OVER THE MAYORAL DUTIES TO COUNCILMEMBER DALLESSANDRO. IF AND I WILL STEP AWAY AND WAIT FOR THE VOTE TO HAPPEN IF NOBODY HAS QUESTIONS ON THAT. WHAT I'M GOING TO DO IS JUST AND IT GOES TO A VOTE WHAT LIKE TO DO IS HOLD THAT SO I CAN ATAIN FROM VOTING ON IT. ALL RIGHT. SO ITEM 3.12 YOU CAN MARK DOWN AS A AS HOLD AS WELL BUT WE'LL JUST VOTE ON IT INDIVIDUALLY. SO THE OPPORTUNITY TO ABSTAIN FOR. OKAY SOUNDS GOOD. MY NOT HEARING ANYTHING ELSE I WOULD MOVE ITEM 3133 THROUGH 311 313 AND 314 AND 316 THROUGH 318 I GOT THREE TO HELD HERE A SECOND MOTION BY COUNCILMEMBER NELSON SECOND BY COUNCILMEMBER DALLESSANDRO TO ACCEPT TONIGHT'S CONSENT BUSINESS AS STATED. NO FURTHER COUNCIL DCUSSION ON THIS. ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED MOTION CARRIES SIX ZERO. ITEM 3.2. MR. MAYOR AND COUNCIL IF I COULD THERE WERE SEVERAL QUESTIONS THAT CAME AND I'D LIKE A LITTLE BIT MORE TIME TO PROVIDE SOME ADDITIONAL EXPLANATION. SO I'D LIKE TO HOLD THIS ITEM UNTIL 18TH IF THAT'S OKAY WITH THE COUNCIL. JUST A MOTION TO CONTINUE TO THE NEXT COUNCIL MEETING PLEASE. SO MOVED SECOND SO WE HAVE A MOTION TO CONTINUE ITEM 3.2 ON TONIGHT'S CONSENT BUSINESS BEFORE THE COUNCIL ON THIS. ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED THE MOTION CARRIES SIX ZERO. I WOULD MOVE ITEM 312 SECOND RATE A MOTION AND A SECOND AND THEN 312. ANY COUNCIL DISCUSSION ON THIS IF NOT ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED AND I WILL ABSTAIN SO MOTION CARRIES ZERO WITH SSEYBSTAINING ON ITEM 312 AND THEN 315 WAS COUNCILMEMBER DALLESSANDRO. COUNCILMEMBER DALLESSANDRO THANK YOU MR. MAYOR. THANK YOU, COUNCILMEMBER NELSON. I JUST I HAD A QUICK QUESTION ON THIS I DIDN'T KNOW IF WE KNEW WHAT THE APPLICATION A GRANT LIKE WHAT THE NUMBER WAS THAT WE WERE SHOOTING FOR DO WE HAPPEN TO KNOW THAT NUMBER OR? IS IT JUST WE APPLY AND THEN THEY TELL US WHAT WE'RE GOING TO GET AND IT DIDN'T SAY SO I WAS CURIOUS I AM NOT SURE DO WE HAVE I DIDN'T HEAR ANYBODY. I'M I'M SORRY. COUNCILMEMBER WILSON DRIVE THE THE RELIEF FORESTRY GRANT PROPOSAL YOU'RE ASKING FOR A RESOLUTION BUT I DIDN'T KNOW WHAT WE WERE TRYING TO APPLY FOR THAT WAS WHAT THE NUMBER WAS. I DON'T YEAH. YEP. ASSISTANT CITY MANAGER WELL, DANNY SABLE MAYOR COUNCILMEMBER COUNCILMEMBER DALLESSANDRO IT'S UP TO $500,000. ARE WE GOING FOR THE MAXIMUM I ASSUME? OR IS IT JUST LIKE WE WE TELL THEM WHAT WE WANT AND THEN THEY TELL HOW MUCH THEY'RE GOING TO GIVE US WITHOUT WITHOUT SPEAKING ON BEHALF OF ANOTHER AGENCY. THEY'RE GOING TO TELL US WHAT WE'RE GOING TO GET. GREAT, GREAT. I JUST WANTED TO CALL ATTENTION TO IT. I I'VE BEEN I'VE HAD NO LESS THAN A DOZEN CONVERSATIONS IN THE PAST WEEK ABOUT TREES. SOME PEOPLE ARE UPSET BECAUSE THEIR TREES ARE DYING AND THEY CAN'T LIKE GET THEM DOWN FAST ENOUGH AND THEY'RE BECOMING DANGEROUS BECAUSE THEY MAY DIE AND THEN FALL OVER AND HURT PEOPLE. OTHER PEOPLE HAVE TOLD ME THAT, YOU KNOW THEY'RE UNABLE TO AFFORD IT. SO WE GO BY AND AND THE TREE AND THEY GET 30 DAYS AND THEN AND THEN WE'RE SUPPOSED TO COME BY AND GET THEM AND ASSESS THEM FOR IT BUT THEN WE DON'T EVEN HAVE ENOUGH RESOURCES TO DO THAT POINT I'M MAKING IS AND I THINK I YOU KNOW WE CAN CARRY THIS OVER TO OUR BUSINESS ITEMS AT .55.0 SO I'LL DO THAT BUT I JUST WANTED TO CALL ATTENTION ANYTHING WE CAN DO LIKE THIS IS GREAT AND SO I'M REALLY APPRECIATIVE THAT THE THAT THE STAFF IS LOOKING FOR ALL OF THESE KINDS OF THINGS TO HELP US WITH OUR OUR RIGHT NOW. SO I AGREE COMPLETELY WITH THAT. I'M VERY HAPPY TO MOVE 3.15 SECOND MOST OF MY COUNCILMEMBER DALLESSANDRO WITH COUNCILMEMBER NELSON TO ACCEPT ITEM 3.15 ON THE CONSENT BUSINESS NO FURTHER COUNCIL DISCUSSION ON ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSE MOTION CARRIES SIX ZERO. THANK YOU. COUNCILMEMBER NELSON WELL DONE . MOVE ON TO ITEM FOR OUR HEARINGS, RESOLUTIONS AND ORDINANCES AND 4.1 IS OUR ONLY OFFICIAL PUBLIC HEARING OF THE EVENING AND THIS IS REGARDING THE CITY CODE AMENDMENT REGARDING MURALS ORDINANCE AND SUPPORTING POLICY. AND I THINK WE HAVE MR. NICK JOHNSON FROM OUR PLANNING STAFF VIA WEBEX AND GLEN MURPHY GUARD HERE IN PERSON IF WE IF WE RUN INTO ANY TECHNICAL GLITCHES. GOOD EVENING MAYOR AND MEMRS THE COUNCIL CAN YOU HEAR ME? WE CAN INDEED. GOOD, NICK. WELCOME. THANK YOU, MAYOR. LET ME SHARE MY SLIDES HERE. EVERYBODY SEE THAT? OKAY. YES, WE CAN. GREAT. I'LL GET STARTED HERE. SO YEAH, BEFORE YOU THIS EVENING WE'RE PRESENTING BOTH AN ORDINANCE AND A SUPPLEMENTAL POLICY DOCUMENT AS THEY PERTAIN TO THE INSTALLATION OF MURALS IN BLOOMINGTON BY WAY OF BACKGROUND AND THE CITY WITH THE FORMATION OF THE CREATIVE PLACEMAKING COMMISSION ADDING THE DIRECTOR HAS BECOME MORE INVOLVED IN THE COMMISSIONING AND INSTALLATION OF MURALS OVER THE LAST FEW YEARS. THERE'S MORE INTEREST IN THEM BY WAY OF BACKGROUND IN TERMS OF HOW WE GOT STARTED DOWN THIS PATH OF WORKING ON THE MURALS POLICY WE WERE DOING STUDY SESSIONS WITH BOTH CITY COUNCIL AND THE PLANNING COMMISSION ON OUR UPCOMING SIGN ORDINANCE PROJECT WHICH IS STILL ONGOING AND AS PART OF THAT STUDY SESSION ITEM CURRENTLY MURALS ARE VERY MUCH EMBEDDED IN THE IN THE SIGN ORDINANCE AND THAT'S WHY I WAS RAISED AS PART OF THAT STUDY SESSION ITEMS AND THERE WAS UNIVERSAL SUPPORT FROM BOTH BODIES IN ORDER TO PURSUE POLICY WITHIN THE CITY CODE TO MAKE THE INSTALLATION OF MURALS MORE FAVORABLE IN TERMS OF LESS REMOVING SOME OF THE BARRIERS THAT EXIST. SO REALLY IN TERMS OF THE OFFICIAL START OF THIS IT REALLY WENT BACK TO JANUARY THE MORE WE DUG INTO MURALS WE WERE PLANNING TO JUST INCORPORATE CHANGES TO MURALS AS PART OF OUR BROADER SIGN ORDINANCE UPDATES BUT THE MORE WE DUG INTO IT THE MORE WE REALIZED IT WAS ACTUALLY A SEPARATE MATTER THEY DO THOSE TWO THINGS DO NEED TO SPEAK ONE ANOTHER BUT REALLY IT'S A SEPARATE POLICY MATTER THAT NECESSITATED ITS OWN ORDINANCE AND SUPPLEMENTAL POLICY. SO THAT'S REALLY WHERE IT STARTED WAS THOSE STUDY SESSIONS BACK IN JANUARY. SINCE THEN WE'VE BEEN WORKING ON OUR STANDARDS AND WE'VE TAKEN IT THROUGH OUR ADVISORY BOARDS BOTH CREATIVE PLACEMAKING THE PLANNING COMMISSION. SO WE'VE BEEN GOING THROUGH THIS PROCESS ON THE DATES ON THE SCREEN BEFORE YOU THERE. ONE OTHER THING I WANT TO ADD IS THAT WE DID A WE'RE DOING WITH THE SIGNED ORDINANCE WE DID CONSULT WITH AN EXPERT COUNSEL AT GREENSBORO, JOHN BAKER BECAUSE AND SIGNS HAVE SO MUCH LEGAL CONSIDERATIONS WITH RESPECT TO EXPRESSION AND SOME OF THE STICKY WICKETS THAT RELATE TO LAND USE LAW. WE DID WANT TO GET FEEDBACK THIS EXPERT COUNSEL IN THESE MATTERS OF EXPRESSION FIRST AMENDMENT LAW SO I DO WANT TO POINT THAT OUT THAT THAT DID OCCUR BEFORE THE PLANNING COMMISSION PUBLIC HEARING BEFORE I GO FORWARD TO I WANT TO NOTE THAT KEVIN TASK IS ON THE CALL AS WELL AS ALEJANDRO PELINKA SO SHOULD YOU HAVE QUESTIONS ABOUT EITHER THE LEGAL COMPONENTS OR THE CREATIVE PLACEMAKING COMPONENTS ARE IN SUPPORT OF ME HERE ON THE CALL AS WELL SO HERE WE ARE AT THE CITY PUBLIC HEARING IN TERMS OF THE APPROACH TO THIS POLICY IT'S A LITTLE BIT OUT OF THE ORDINARY IN THAT WE'RE PROPOSING BOTH A CITY CODE AMENDMENTS TO THE ORDINANCE ITSELF AND THEN A SUPPLEMENTAL POLICY. THIS FOLLOWS A SUCCESSFUL SUCCESSFUL APPROACH THAT WE HAVE WITH O LANDSCAPING PROVISIONS AND THE REASON THAT WE'RE PROPOSING TO PURSUE IT IN THIS MANNER IS THAT THERE'S A LOT OF ELEMENTS OF MURALS THAT REALLY ARE MORE DISCRETIONARY OR BEST PRACTICES IN NATURE SOMETHING YOU DO WANT PROPERTY OWNERS AND INSTALLERS ARTISTS TO CONSIDER BUT DON'T NECESSARILY WANT TO EMBED AS HARD AND FAST WITHIN THE CITY CODE . SO THIS IS REALLY AN APPROACH WHERE YOU ADOPT THE HARD AND FAST RULES WITHIN THE CITY CODE THROUGH AN ORDINANCE AND THEN HAVE THIS SUPPLEMENTAL POLICY AS A MEANS TO HELP ADMINISTER PERMIT PROGRAM AS WELL AS COMMUNICATE THESE BEST TO INSTALLERS IN TERMS OF JUST INSTALLATION AND AND OTHER THINGS. THERE'S SOME DESIGN STANDARDS IN THERE TOO BUT HOPEFULLY THAT MAKES A LITTLE BIT OF SENSE IN TERMS OF THE MURAL ORDINANCE CONTENT ITSELF, I'M GOING TO GO OVER SPECIFICALLY THE ITEMS THAT ARE BOLD HERE ON YOUR SCREEN. I CERTAINLY CAN TAKE QUESTIONS AT THE END IF THERE'S ANY SPECIFICS ABOUT THE ORDINANCE, BUT WE'LL JUST KIND DEGRADE INTO THAT. WE ARE PROPOSING TO ADOPT NEW DEFINITION OF MURALS REPLACING THE EXISTING DEFINITION. ONE THING I WANT TO HIGHLIGHT HERE IS JUST THAT WITH THE CITY'S COATINGS PROHIBITION WE DO WANT TO NOTE IN OUR DEFINITION THAT A PAINTING, PAINTING OR COATING OF AN EXTERIOR SURFACE DOES NOT CONSTITUTE MURAL THAT IN ADDITION THIS IS SOMETHING SEPARATE AND DISTINCT FROM GRAFFITI AS DEFINED IN THE CITY CODE WHICH IS APPLICATIONS OR ETCHING OR MARKINGS THAT HAPPEN WITHOUT THE PROPERTY CONSENT AS OPPOSED TO OTHER ARTWORK. SO GETTING TO THE EXTERIOR MATERIALS STANDARDS AND OUR COATING RESTRICTIONS THIS IS REALLY AT THE HEART OF THE MATTERN TES THE GREATEST BARRIERS WITHIN CITY CODE THAT RELATE TO THE INSTALLATION OF MURALS ON BUILDINGS, THE CITY CODE PROHIBITS COATINGS SO PAINTING ON PRIMARY MATERIALS AND THEN THERE'S ACTUALLY EXPLICIT LANGUAGE THAT DOES NOT ALLOW MURALS BE INSTALLED DIRECTLY ON THE EXTERIOR SURFACE OF A BUILDING . SO BOTH OF THESE THINGS NEED TO BE ADDRESSED IN ORDER TO ALLOW MURALS GO FORWARD AND BLOOMINGTON ON THE WAY THAT WE ARE APPROACHING IT IS THAT IF A MURAL WAS APPROVED VIA A PERMIT PROCESS ADMINISTRATIVELY THEN THAT WOULD IN CREATE AN EXEMPTION TO THE CITY'S COATING PROHIBITION. SO HOPEFULLY THAT MAKES SENSE AND WE THINK IT HONORS STILL HONORS THE COATINGS POLICIES OF THE CITY OF BLOOMINGTON BUT ALLOWS THIS PATHWAY FORWARD FOR MURALS GETTING INTO PROHIBITED MURAL TYPES. THIS IS KIND OF THE AREA THE LEGAL CONSIDERATIONS COME MOST INTO PLAY IN TERMS OF EXPRESSION I DON'T WANT TO BEAT AROUND THE BUSH THAT IF YOU ADOPT A MURALS POLICY AND YOU ALLOW FOLKS TO INSTALL MURALS ON THEIR BUILDINGS, THERE IS A WIDE ARRAY OF EXPRESSION THAT THEY CAN PURSUE LEGALLY THAT. THE CITY WOULD NOT BE IN A POSITION TO PROHIBIT JUST ON THE BASIS OF AMENDMENT CONSIDERATIONS. THIS WILL COME UP WITH SIGNS LATER ON THIS YEAR AS WELL BUT THERE ARE SOME ELEMENTS OF EXPRESSION THAT THE COURTS HAVE UPHELD DO NEED TO BE REGULATED FOR PUBLIC PEACE AND SAFETY. SO I DO TO HIGHLIGHT THIS LIST OF PROHIBITED MURAL TYPES AND NOTE JOHN BAKER WITH PRINCIPAL REVIEWED THIS AS WELL AS OUR OUR LEGAL DEPARTMENT AS WELL SO IMITATING OFFICIAL TRAFFIC SIGNS AND DEVICES THAT'S CLEARLY A CAN BE A CONCERN WITH VEHICLES PASSING A MURALS OBSCURING OR CONCEALING LIFE SAFETY EQUIPMENT SO THIS WAS IMPORTANT TO THE FIRE DEPARTMENT A MURAL NOT OBSCURE THE EQUIPMENT THEY NEED IN ORDER TO RESPOND TO A SAFETY SITUATION. FIRE DEPARTMENT CONNECTIONS, OTHER EQUIPMENT LIKE THAT. AND THEN THIS GETS MORE INTO THE EXPRESSION SO INCITING OR PRODUCING IMMINENT LAWLESS ACTION CONVEYING THREATS OF VIOLENCE THA PERSONS OR GROUPS AND SEXUAL CONDUCT OR CONDUCT IN A PATENTLY OFFENSIVE WAY. SO THOSE ARE THE THINGS THAT THE SUPREME COURT HAVE UPHELD A RESTRICTION OR REGULATION OF JUST FROM AN EXPRESSION FIRST AMENDMENT PERSPECTIVE . THERE WE GO. SORRY SCREEN FROZE THERE FOR A SECOND. SO IN TERMS OF GENERAL STANDARDS, I'M ONLY GOING TO HIGHLIGHT ONE OF THESE CERTAINLY WE CAN RETURN TO THESE IF THERE ARE QUESTIONS THE ONE OF GREATEST INTEREST TO THE PLANNING COMMISSION AND ONE THAT MAYBE IS THE MOST RELEVANT TO DISCUSS HERE TONIGHT IS JUST LIMITING AMOUNT OF A BUILDING THAT COULD BE ELIGIBLE FOR MAYORAL INSTALLATION. WE'RE PROPOSING A MAXIMUM OF 50% OF THE TOTAL BUILDING ELEVATIONS AND THAT'S THAT PROVIDES ADEQUATE CANVAS AND ALLOWS FOR YOU KNOW, A FAIRLY LARGE IN MANY CASES TO BE INSTALLED BUT ALSO DOES PROVIDE SOME BOUNDARIES IN TERMS OF IL THE COATINGS RESTRICTION BUT ALSO JUST THE MAINTENANCE CONSIDERATIONS FOR A BUILDING GOING FORWARD THE 50% NUMBER WE WENT BACK AND FORTH WITH CREATIVE PLACEMAKING AND OTHER FOLKS QUITE BIT ON THAT. WE THINK IT REPRESENTS THE BEST KIND OF BALANCE POINT OF WHERE TO GO WITH THAT ONE OTHER STANDARDS PROJECTION SIGNAGE LIGHTING MOTION AND FLASHING OF THESE THINGS VERY MUCH ARE IN LINE WITH WHAT WILL WE PLAN TO BRING FORWARD TO YOU AS PART OF OUR SIGN ORDINANCE? WHILE THEY ARE SEPARATE THEY'RE BOTH OUR EXPRESSION WE DO WANT TO HAVE SOME STICKING UP OR SOME CONSISTENCY BETWEEN THOSE POLICIES IN TERMS OF MAINTENANCE IT'S PRETTY STRAIGHTFORWARD BUT THE KEY CONSIDERATIONS IN THE ORDINANCE TO GIVE STAFF THE TOOLS NEEDED TO ENSURE THAT A MURAL IF IT WERE TO FALL IN A STATE OF DISREPAIR. GIVE US THE TOOLS ORDER TO SEEK CORRECTION OF THAT SITUATION. SO WE DO HAVE THE APPLICANT SUBMIT A PLAN MAINTENANCE PLAN. WE DO REQUIRE LEVEL OF MAINTENANCE AND THEN DO SET OUT KIND OF TIMELINES FOR CORRECTION OF MIRROR WERE TO FALL INTO A STATE OF DISREPAIR . THE SUPPLEMENTAL POLICIES AND PROCEDURES DOCUMENT I NOTED IT'S REALLY THE THE INTENT IS A COUPLE FOLD AS ONE JUST TO LAYOUT KIND OF SOME OF THE PERMIT PROCEDURES IN TERMS OF WHAT YOU HAVE TO SUBMIT WITHIN YOUR APPLICATION AND SOME OF THESE OTHER ELEMENTS AND THEN ALSO JUST COMMUNICATING SOME DESIGN STANDARDS AND BEST PRACTICES AGAIN NOT NECESSARILY SOMETHING YOU WANT HAVE EMBEDDED IN THE CITY CODE BUT STILL GOOD TO COMMUNICATE TO FOLKS WHO ARE INTERESTED IN PURSUING A MURAL. SO AS I NOTED CREATIVE PLACEMAKING AND PLANNING COMMISSION BOTH REVIEWED THIS POLICY ON MULTIPLE OCCASIONS. THEY BOTH WERE VERY SUPPORTIVE OF THE CREATIVE PLACEMAKING COMMISSION. I DID SUBMIT A LETTER SUPPORT IT WAS WITHIN YOUR PACKET AND THE POLICY AND THE PLANNING COMMISSION HELD A PUBLIC HEARING ON AUGUST THE THIRD. NO ONE SPOKE AT THE MEETING OR DURING THE HEARING SHOULD SAY AND THAT FOLLOWING DISCUSSION THE PLANNING COMMISSION DID UNANIMOUSLY RECOMMEND APPROVAL. SO WITH THAT I HAVE PROPOSED MOTION LANGUAGE AND I'M HAPPY TO TAKE ANY QUESTIONS YOU MIGHT HAVE ON THIS POLICY. THANK YOU MR. JOHNSON. APPRECIATE IT. DONE COUNCIL QUESTIONS AND I DO HAVE A QUESTION UNDER YOUR GENERAL STANDARDS SPECIFICALLY IT SAYS UNDER AREA LIMITED TO 50% OF ENTIRE BUILDING THE BIGGEST MURAL WE HAVE IN THE CITY OF BLOOMINGTON IS NOT ON A BUILDING. IT'S ON A WALL AND I HAVE ALSO SEEN SOME PRETTY EFFECTIVE MURALS PAINTED ON THE STREETS. FOR EXAMPLE PARKING LOTS. HOW IS IS LIMITING IT TO AND SPECIFYING ENTIRE BUILDING ELEVATIONS I MEAN IS THAT IS THAT THE CORRECT WAY TO DEFINE AND LIMIT THE AREA THAT THAT MAY BE PAINTED OR MAYBE USED FOR A MURAL? YEAH. MAYOR YOU FOR THAT QUESTION I APPRECIATE THE OPPORTUNITY TO CLARIFY THAT. SO THIS PROVISION STAFF INTERPRET THAT ONLY TO BE APPLICABLE TO BUILDINGS. SO THOSE ARE STRUCTURES THAT HAVE YOU KNOW FOR SEASON CONDITIONED SPACE OR SCREEN WALLS OR OTHER INFRASTRUCTURE OUT IN THE PUBLIC RIGHT OF WAY THAT THIS THIS PROVISION WOULD NOT BE APPLICABLE TO THAT SO IN TERMS OF LIMITING IT TO 50% YOU KNOW ON LET'S SAY AT THE EXCEL AT THE NORTHEAST SUBSTATION THERE THIS THIS PROVISION WOULD NOT BE APPLICABLE BECAUSE IT IS STRICTLY APPLICABLE TO BUILDINGS. SO THEN THERE WOULD BE NO GENERAL STANDARDS APPLIED TO A SCREEN WALL LIKE THAT AT THIS POINT. NO. OKAY. SO AS CURRENTLY PROPOSED WE WOULD NOT LIMIT THOSE MISCELLANEOUS STRUCTURES IN THAT WAY. GOT IT. THANK YOU. COUNSEL QUESTIONS COUNCILMEMBER DALLESSANDRO, JUST A QUICK ACTUALLY A QUICK FOLLOW UP QUESTION THE SAME TOPIC IF I MAY. WHY DO WE CARE? LIKE I HONESTLY LIKE I FEEL SOMETIMES LIKE WE ARTIFICIALLY LIMIT OUR LIKE THESE KINDS OF THINGS AND I DIDN'T UNDERSTAND THE JUSTIFICATION FOR NO MORE THAN 50% OTHER THAN LIKE SOMEBODY SAID THAT. BUT I DON'T I GUESS I DON'T UNDERSTAND LIKE THE PRACTICAL IMPLICATION OF LIKE IF AN OWNER OF A BUILDING AND I WAN THE ENTIRE THING ON ONE SIDE TO BE A MURAL LIKE I AM I CARE LIKE. WHY DO WE CARE? I GUESS I DON'T KNOW. IS THERE A REASON I'LL LET MR. JOHNSON ANSWER THAT? ALTHOUGH THE WAY THIS IS WRITTEN, WAY I'M READING IT IT'S LIMITED TO 50% OF THE ENTIRE BUILDING ELEVATION. IF YOU'RE THINKING FOUR WALLS, YOU KNOW YOU COULD COMPLETELY PAINT OR COMPLETELY MURAL TWO OF THEM RIGHT OR YOU KNOW I THINK THAT THAT WOULD BE 50% OF THE FOUR WALLS. I I DON'T KNOW. MR. JOHNSON, LET'S THIS JUST ARBITRARY TO ME THE 50% YEAH. MAYOR COUNCILOR ADELE SANDRA YOU FOR THAT QUESTION I THINK THERE'S SOME MEMBERS OF THE PLANNING COMMISSION WHO CONCUR WITH YOU AND ON YOUR ASSESSMENT OF THAT AND IF I CAN EXPLAIN A LITTLE BIT IN TERMS OF WHAT THE THINKING WAS ON SOME LIMITATION ONE IS JUST THE SIMPLE FACT OF THE COATINGS PROHIBITION AND SO STAFF ON SOME LEVEL FELT THAT GOING GOING TOWARDS A FULL MURAL OF AN ENTIRE BUILDING COULD BE A POTENTIAL WAY TO CIRCUMVENT THE COATINGS PROHIBITION OR MAKES THAT POLICY MORE TENUOUS FROM THE PERSPECTIVE OF MAINTAINING THAT POSITION. THE SECOND THING JUST HAD TO DO MORE WITH GENERAL MAINTENANCE WITH THE ABILITY TO INSTAURALS ON THE FULL ENTIRETY OF A BUILDING IT JUST A VERY A MUCH LARGER HIGHER MAINTENANCE RESPONSIBILITY THE PROPERTY OWNER. AND THERE WAS SOME DISCUSSION AND QUESTIONS AT THE PLANNING COMMISSION ABOUT YOU KNOW THE THE SALE OR THE SALE OF BUILDINGS THAT HAD A MURAL . SO FROM THAT PERSPECTIVE IT WAS JUST SEEN AS A WAY TO KIND OF LIMIT THE PROPORTIONALITY AS IT RELATES TO MAINTENANCE. ALSO JUST THE YOU KNOW, HOW MUCH KIND OF A NEW OWNER IT WOULD BE ASSUMING FROM A RESPONSILITY STANDPOINT. SO IT'S CERTAINLY AN AREA THAT THE CITY COULD GO IN A DIFFERENT DIRECTION. I WILL SAY THAT PLANNING COMMISSION DID WANT TO BE KEPT IN THE LOOP OR INFORMED IF ANY BUILDING OWNER DID WANT TO INSTALL MORE THAN 50% BECAUSE IT SEEMED LIKE SOMETHING THEY WERE VERY OPEN OF REMOVING OR GOING OR INCREASING THAT PROPORTIONALITY. OKAY. THANK THANK YOU FOR THAT. QUICK FOLLOW UP QUESTION TO RELATED TO ANOTHER COMMENT I HAD BASED ON WHAT YOU JUST THERE AS WELL. SO IN TRANSFERRING OWNERSHIP FROM BUILDING A TO BUILDING, IS THERE ANYTHING THAT WE'RE THAT WE'RE REQUIRING THE NEW BUILDING OWNER YOU MENTIONED MAINTENANCE IF THE BUILDING OWNER WANTED TO COMPLETELY PAINT OVER THE MURAL IS THAT THEIR RIGHT THEN AS THE NEW BUILDING OWNER IS THERE ANYTHING RELATED TO I GUESS TO THE PUBLIC ART ASPECT OF A MURAL THAT WE ARE TRYING TO PRESERVE YEAH. MAYOR COMES FROM RETAIL SENATOR THANK YOU FOR THE QUESTION AGAIN IN TERMS OF WHAT THE RESPONSIBILITY WOULD BE OF THE NEW OWNER, IT WOULD BE TO KEEP THE MAL IN A STATE OF GOOD REPAIR IF THEY WANTED TO GO AWAY FROM THAT MURAL. THE WAY THE POLICY IS SET UP NOW IS TO TRY AND WORK WITH STAFF TO ARRIVE AT SOME TYPE OF WAY TO REMOVE THE MURAL OR TO RESTORE THE EXTERIOR EXTERIOR MATERIAL OF THE BUILDING IN A WAY THAT RANGING FROM A CERTAIN OF DIFFERENT OUTCOMES ONE POTENTIALLY COULD BE A REPAINTING THAT'S NOT STAFF NUMBER ONE PREFERENCE JUST ON THE BASIS OF THE COATINGS PROHIBITION. BUT THERE OTHER MEANS AND METHODS IN ORDER TO DO THAT AND SO STAFF'S EXPECTATION BE IS THAT THEY WOULD BE WORKING A PROPERTY OWNER B WORKING WITH SAY IF A MURAL FELL INTO A STATE OF DISREPAIR AND DIDN'T WANT TO REPLACE IT THEN THAT THEY WOULD LOOK AT SOME OF THE OTHER MEANS AND METHODS PRIOR TO THE LAST POINT OF NO RETURN BEING KIND OF JUST REPAINTING OVER IT. BUT THERE ARE SOLVENTS, THERE'S SANDBLASTING, THERE'S KIND MORE POWERFUL PRESSURE WASHING SITUATIONS AND CERTAIN YOU KNOW, OBVIOUSLY THESE THINGS HAVE DIFFERENT RANGES OF COST ASSOCIATED THEM SO WE WOULD WANT TO TRY AND WORK WITH PEOPLE AS BEST WE CAN. COUNCILMEMBER NELSON. THANK YOU, MAYOR. JUST A COUPLE OF QUESTIONS JUST FOR CLARIFICATION. THE PERMIT WOULD BE ISSUED JUST BASED ON THE STANDARDS. THERE'S NO ESTHETIC REVIEW OF IT. YOU KNOW, THEY WANT TO BE ABLE TO THE MANAGER SAY I REALLY DON'T LIKE THIS MURAL. IT WOULD BE JUST BASED ON THESE STANDARDS. I GOT THAT QUESTION FROM SOMEONE WHO DOES MURALS. THEY JUST WANTED TO CONFIRM THAT. MR. JOHNSON MAYOR COUNCILMEMBER NELSON THAT'S CORRECT. THE CITY WOULD NOT BE IN ANY GOOD POSITION LEGALLY SPEAKING BE LOOKING AT THE CONNT BEYOND THOSE FIVE THINGS THAT I MENTIONED IN THE PROHIBITED MURAL TYPES ANYTHING ELSE THAT GETTING INTO ESTHETIC TASTE WE WOULD NOT BE IN SOUND STANDING TO MAKE ANY TYPE OF JUDGMENT OR ACTION ON A MURAL PERMIT ON THOSE BASIS AND WE JUST WOULDN'T GO THERE. SO THAT'S WHY I MENTIONED IF YOU KNOW THESE OF POLICIES YOU'RE OPENING THE DOOR TO MORE EXPRESSION THAT'S KIND OF THAT'S KIND OF THE CARRIER BAN FOR LACK A BETTER TERM. ALL RIGHT. THE SECOND QUESTION HAS TO DO WITH SAFETY TOOLS. MIGHT WE HAVE IF THERE'S A SAFETY ISSUE AND I BRING THIS UP BECAUSE SOME OF YOU MAY REMEMBER IN THE MID THERE WAS A MURAL IN CHICAGO THAT CAUSED EXTRAORDINARY TRAFFIC PROBLEMS ON THE FREEWAY AND SOME ACCIDENTS IT WAS A DENNIS RODMAN WAS ON THE SIDE OF A BUILDING AND I HAPPENED TO DRIVE THROUGH CHICAGO FREQUENTLY AT THAT TIME. SO DO WE HAVE WE COULD DO IF SOMEBODY PUT SOMETHING UP THAT I MEAN THERE WERE LITERALLY PEOPLE STOPPING ON THE FREEWAY AN BLOCKING TRAFFIC TO TAKE A PHOTO OF IT. DO WE HAVE ANY TOOLS OR OPTIONS IF THERE'S SOMETHING THAT IS THAT MUCH OF A PUBLIC NUISANCE AND CREATING A HAZARDOUS SITUATION AGAIN I MEAN IT WAS 25 YEARS AGO AND SO IT SEEMS LIKE THERE'S OTHER MURALS AND MAYBE IT'S THE BIGGEST PROBLEM IN THE WORLD. BUT I DO RECALL IT BEING QUITE A BIG TO DO AT THE TIME. YEAH. MAYOR COUNCILMEMBER NELSON, THANK YOU FOR THAT QUESTION. SO THAT THE DENNIS RODMAN THING THREW ME FOR A LOOP FOR WHAT IT WAS NOT WHAT I WAS EXPECTING THAT TO BE BUT BUT IN OUR PROHIBITED MURAL TYPES WE DO HAVE A THINGS THAT ARE CALLED OUT DO CONFUSE MOTOR VEHICLE OPERATORS VIEW JUST FROM A TRAFFIC PERSPECTIVE SO I GUESS IF THERE WAS A MURAL AT A A HIGH VOLUME ROADWAY ALONG A VOLUME ROADWAY WE CERTAINLY WOULD BRING IN OUR TRAFFIC STAFF TO HAVE LOOK AT IT JUST TO GET THEIR TAKE ON WHETHER OR NOT THE MURAL WOULD APPEAR TO INTIMIDATE ANY OFFICIAL TRAFFIC SIGN OR BE A CONCERN FROM A TRAFFIC SAFETY HAZARD STANDPOINT. WELSO HAVE ADDITION TO THAT. SO IN NUMBER THREE WE ALSO DO HAVE MURALS THAT COULD PRODUCE IMMINENT LAWLESS. NOW THAT'S KIND OF A BROAD CATEGORY BUT WE HAD TO BE SPECIFIC IN TERMS OF YOU KNOW, THE THINGS THAT HAVE BEEN UPHELD BY THE SUPREME COURT WITH RESPECT TO FIRST AMENDMENT SO I THINK FOR US TO TAKE THE ACTION OF DENYING A MURAL PERMIT ON THAT BASIS, WE WOULD WANT TO GET IT WELL VETTED AND WELL REVIEWED THE PART OF STAFF IN MANY DIFFERENT DEPARTMENTS OF STAFF WHO MIGHT HAVE A FEEDBACK ON WHETHER OR NOT THE PROPOSED VIOLATES ONE OF THESE FIVE PROPOSED PROHIBITED MURAL TYPES BECAUSE THE COURTS HAVE BEEN PRETTY STRONG AGAINST CITIES REGULATING CONTENT. THEN MY LAST QUESTION RELATES TO THAT CONTENT QUESTION. YOU KNOW ONE OF THE THINGS THAT BLOOMINGTON DOESN'T HAVE ARE BILLBOARDS AND IS THIS A WAY WITH BUILDINGS THE SIDE OF BUILDINGS PARTICULARLY ADJACENT TO FREEWAYS TO SORT OF CIRCUMVENT THAT? I KNOW THERE ARE SOME PROHIBITIONS WITH REGARDS TO LOGO AND BRANDING AND THINGS LIKE THAT BUT THERE'S PROBABLY IN MY MIND OTHER SPEECH AND IMAGES, THINGS LIKE THAT THAT COULD GO THERE IS IS THAT A CONCERN YOU HAVE? IS THIS A WAY THAT PEOPLE WOULD BE ABLE TO AS AN EXAMPLE PUT UP A POLITICAL MESSAGE OR SOMETHING OF THAT NATURE ON THE SIDE OF BUILDING IN A HIGH TRAFFIC AREA? YEAH. MAYOR COUNCILMEMBER NELSON NONCOMMERCIAL SPEECH IS ALWAYS GOING TO BE A LITTLE BIT TRICKIER THAN COMMERCIAL SPEECH. THE REASON I SAY THAT IS THAT WITHIN THE ORDINANCE ITSELF WE'RE PROPOSING 10% LIMITATION ON, YOU KNOW, THE ELEMENTS OF A MURAL THAT CAN CONSTITUTE A SIGN. SO THERE IS THAT SIZE THERE. THE SIGN ORDINANCE OF COURSE WOULD ALSO HAVE SEPARATE AND PARALLEL LIMITATIONS ON SIZE OF COMMERCIAL MESSAGES THAT CLEARLY UNDER OUR DEFINITIONS WOULD BE A SIGN. SO THOSE THINGS ARE THOSE THINGS ARE HELPFUL. THE OTHER THING I'D IS THAT THE SIGN ORDINANCE DOES NOW AND WILL CONTINUE IN THE FUTURE IN OUR DRAFT LIMIT OUR PREMISES SIGNS SO THOSE ARE THINGS THAT CAN ELIMINATE YOU KNOW A LOT OF THE DRIVER FOR BILLBOARDS BILLBOARDS MOSTLY FOR THE STANDPOINT OR OFF PREMISES SIGNS RIGHT THERE ADVERTISING PRODUCTS OR SERVICES THAT DON'T THAT WELL IS NO BUILDING ASSOCIATED WITH THE BILLBOARDS SO BUT THEY'RE TYPICALLY ADVERTISING THINGS THAT DON'T EXIST IN THAT AREA. THE ONE THAT YOU BRING UP IN TERMS OF IS THERE A POLITICAL MESSAGE OR SOME OTHER FORM OF NONCOMMERCIAL SPEECH THAT IS A LITTLE BIT TRICKIER CERTAINLY AND THAT'S SOMETHING THAT WE'LL HAVE TO WORK WITH OUR LEGAL STAFF ON CONTINUING TO MONITOR. BUT YES, THERE IS LIMITATIONS WITHIN THE POLICY ON SIGNAGE YOU CAN'T HAVE OFF PREMISES SIGNAGE SO JUST BECAUSE YOU'RE A COMMERCIAL BUSINESS DOESN'T MEAN YOU CAN ADVERTISE A PRODUCT OR A SERVICE THAT YOU DON'T EFFECTIVELY HAVE THERE. THE NONCOMMERCIAL SPEECH DOES GET STICKIER SO THANK YOU. I REMEMBER LOWMAN I'LL JUST PICK UP RIGHT WHERE MY MY MY COLLEAGUE LEFT OFF THERE SO IF SOMETHING WERE TO GO UP WHAT DOES THE CITY HAVE? AND I JUST HAVE A COUPLE EXAMPLES HAD A QUESTION ABOUT TO SEE IF THEY'RE YOU KNOW, JUST FOR UNDERSTANDING. YEAH. MAYOR COUNCILMEMBER LOWMAN SO ON THE FRONT END OF THINGS BEFORE WE WOULD ISSUE A PERMIT THAT'S WHERE WE WOULD BE REVIEWING WHETHER OR NOT THE CONTENT VIOLATES ANY OF THOSE FIVE ELEMENTS OF THE PROHIBITED MURAL TYPES AND AT YOU KNOW THAT'S WHERE WE REALLY NEED TO KIND OF STOP IT IN ITS TRACKS SO IF IT GOES UP AND LET'S SAY WE SOMEHOW MISS IT, YOU KNOW AND THE PUBLIC CATCHES ON AND SAYS HEY WHAT ABOUT WHAT ABOUT WHAT WOULD WE BE ABLE TO DO AT THAT POINT? YEAH. MAYOR COUNCILMEMBER LOWMAN I MEAN NOT FULLY UNDERSTANDING THE NATURE OF THE COMPLAINT ON THE PART OF THE PUBLIC OR WHAT THE IS IF IT'S A SAFETY ISSUE THAT'S THAT'S ONE THING THAT WE WOULD CERTAINLY WORK WITH THEM TO ADDRESS. IT IF IT'S A CONCERN ABOUT JUST CONTENT GENERALLY YOU KNOW, I DON'T LIKE THIS PARTICULAR WORK OF ART FOR X, Y, Z I DON'T I DON'T THINK THE CITY WOULD BE IN A GOOD POSITION TO HAVE THEM REMOVE THAT OR EFFECTUATE A DIFFERENT OUTCOME. I SEE KEVIN'S THE PODIUM AS WELL AND I SEE AND MANAGER SHADE HAS MOVED HER MICROPHONE THE MAYOR MEMBERS KEVIN CAN CERTAINLY WEIGH IN BUT IT SOUNDS TO ME LIKE IF IT'S A PRIVATE MURAL THERE'S GOING TO BE A PRIVATE RIGHT OF ACTION AGAINST THE PROPERTY OWNER, YOU KNOW, BE IT A COPYRIGHT OR A LOGO INFRINGEMENT OR IF SOMEBODY WAS MISUSING SOMEBODIES FACIAL REPRESENTATION OR SOMETHING LIKE THAT. THERE ARE LOTS OF PRIVATE REMEDIES. KEVIN YOU WANT TO ADD ANYTHING MORE? YEAH. MAYOR COUNCILMEMBER THERE'S CRIMINAL NUISANCE TOO AND THAT WOULD HAVE MORE TO DO THE EFFECT IT HAS ON DRIVERS, PEDESTRIANS NEIGHBORING PROPERTY OWNERS THINGS LIKE THAT. I'LL SAY THE CASE LIVE LOOKED AT AS KIND OF THERE'S NOT A LOT OUT THERE ON THAT THEORY OF PROSECUTING CRIMINALLY A CRIMINAL NUISANCE STATUTE IN STATE LAW IN CHAPTER OR NINE BUT YOU KNOW WE'D HAVE TO DOCUMENT EXACTLY WHAT WAS GOING ON, MAKE SURE WE DID THAT AND THEN YOU COULD TRY TO PROSECUTE ON THAT. BUT LIKE I SAID, THE CASE LAW IS SCANT ON THAT SO. THAT'S ONE THEORY. THERE'S ALSO PRIVATE NUISANCE ACTIONS WHERE A NEIGHBOR PROPERTY OWNER COULD SAY HEY THIS IS SO BAD THAT IT'S AFFECTING MY PROPERTY. MY PEOPLE DON'T WANT TO COME TO MY BUILDING THAT WOULD BE AVAILABLE THROUGH PRIVATE ACTION. SO THERE'S THOSE TWO THINGS PUBLIC VERSUS PRIVATE. PRIVATE LITTLE EASIER THAN PUBLIC TO DO PROBABLY SO YOU KNOW, SOMETES MURALS DON'T AGE WITH TIME AND SOMETIMES YOU FIND OUT THINGS ARE OFFENSIVE. YOU KNOW, AT TIMES THAT'S THE ONLY REASON WHY I ASKED THAT. AND THEN THE OTHER QUESTION JUST SO I UNDERSTAND SO FOR EXAMPLE IF YOU HAD A NUDE HUMAN BEING, WOULD WOULD THAT BE PROHIBITED TO DO SO THAT YOU CAN DO HELP ME JUST SO I UNDERSTAND. AND THEN THE OTHER ONE I ADD IS LET'S SAY THAT PERSON PERSON'S YOU KNOW SMOKING A CIGARET OR SOME OTHER ILLEGAL SUBSTANCE OR DRINKING ALCOHOL. IS THAT SOMETHING THAT YOU KNOW, AS LONG AS IT'S NOT LIVE IT'S PART OF THE SCENE OR, SOMETHING LIKE THAT THAT'S GOING ON, YOU KNOW, IS THAT SOMETHING THAT'S LEGAL TO DO? YEAH. MAYOR COUNCILMEMBER LOWMAN, I HAVE SEEN THAT IN OTHER ORDINANCES WITH MURALS AND SIGNAGE DEPICTIONS OF ILLEGAL ACTIVITIES. I DON'T LIKE THAT. I THINK IT GOES A LITTLE BIT TOO BROAD FOR YOU KNOW, WHAT THE SUPREME COURT HAS SAID IS ON IT. I THINK IT DELVES A LITTLE TOO FAR BECAUSE A COURT WILL LOOK AT THAT AND SAY HEY, YOU'RE YOU'RE OVERBROAD HERE. YOU'RE DOING A LITTLE BIT SHOULDN'T BE ABLE TO DO THOUGH IS WHAT YOU'RE SAYING. I'VE SEEN OTHER CITIES DO IT. YEAH, WELL I MEAN THAT'S IT. BUT YOU'D ABLE TO LET'S SAY WITH THE WAY THAT OURS IS WRITTEN TODAY YOU COULD PUT ON A MURAL AND WE WOULDN'T BE ABLE TO STOP IT RIGHT TRACK COUNCILMEMBER YES. OKAY. I JUST WANT TO JUST BE SURE THAT YOU'RE SAYING YES TO THAT AND THEN IT JUST HAD ONE LAST QUESTION AND THIS IS A COMPLETELY DIFFERENT THING AS I ALSO THOUGHT THE SAME WAY AS MY MY COLLEAGUE OVER HERE DALLESSANDRO ABOUT THIS IDEA OF THIS 50% OF AND YOU KNOW, IS IT THAT WE'RE TRYING TO DRIVE OUT OR WHAT IS IT WE'RE TRYING TO ACHIEVE? AND I KIND LOOK AT OUR IN OUR MISSION AND OUR VISION STATEMENT ABOUT TRYING TO BE A REMARKABLE AND CULTIVATING A YOU KNOW, A REMARKABLE COMMUNITY AND KIND OF WONDER, YOU KNOW, IF THAT KIND OF YOU KNOW, IS THAT A WAY FOR US TO IF WE RUN INTO A SITUATION WHERE IT'S OVER THE 50%, YOU KNOW, OR IT'S UNDER THE 50% OF US TRYING TO CONTROL IT, I'M JUST TRYING TO FIGURE OUT WHAT'S THE RATIONALE BEHIND THAT OF THAT 50% AND AND TRULY COULD GO ALONG WITH IT TODAY. BUT I THINK WE NEED TO KIND OF THINK ABOUT THAT. I MEAN IS THAT SOMETHING WE REALLY WANT TO KIND OF KEEP THAT GOING? I MEAN I'M HAPPY WITH IT TODAY BUT I CAN'T REALLY COME UP WITH A GOOD REASON WHY 50% MAKES SENSE. COUNCILMEMBER THANK YOU MAYOR YEAH, MY MY QUESTION IS ALONG THAT SAME LINE OF RECOURSE THAT THE CITY WOULD HAVE ESPECIALLY RECOURSE IF WE ISSUE THE PERMIT THERE'S REALLYOTHING WE CAN DO RIGHT ONCE GOES UP AND WE'VE ISSUED IT AND APPROVED IT IF 90% OF THE RESIDENTS OR THE AREA AROUND THEM ARE COMPLAINING ABOUT IT, THE ONLY PATHWAY THEY HAVE IS A PUBLIC OR PRIVATE RECOURSE. IS THAT WHAT I'M HEARI? THAT CORRECT? THANKS, KEVIN . YEAH. MR. MAYOR? COUNCILMEMBER AH THAT WOULD BE CORRECT. THEY WOULD HAVE A PRIVATE YOU KNOW A NEIGHBORING PROPERTY OWNER COULD HAVE A PRIVATE CAUSE OF ACTION AND IT WOULD DEPEND ON THE EFFECT ON THE PUBLIC RIGHT IF PEOPLE JUST DON'T LIKE THE MESSAGE OR THE CONTENT IT WOULD BE A LITTLE HARDER BUT IF IT'S REALLY CAUSING, YOU KNOW, PEOPLE TO DAMAGE PROPERTY OR HAVE REALLY NEGATIVE REACTION. THE CITY MIGHT BE ABLE TO TAKE ACTION AT THAT POINT IT WOULD JUST DEPEND ON THE CIRCUMSTANCES SO IT GETS MUDDY I WOULD SAY OKAY, INTERESTING SECOND QUESTION IF I COULD MAYOR. I READ IN THE THE THE PRESENTATION THIS ISN'T LIMITED TO CERTAIN ZONING. CORRECT. SO THIS COULD HAPPEN ANYWHERE IN CITY COULD BE RESIDENTIAL HOUSE COULD BE COMMERCIAL DISTRICT. WE'D LOVE TO JUST HEAR MORE ABOUT THAT RATIONALE. I WE HAVE VERY BROAD SPREAD OUR COMMERCIAL AREAS WE DON'T HAVE ONE DISTINCT DOWNTOWN AREA BUT JUST WOULD LOVE TO HEAR OF THAT RATIONALE ESPECIALLY BECAUSE WE ARE SUCH A LARGE RESIDENTIAL CITY HOW THAT COULD IMPACT CERTAIN NEIGHBORHOODS AND THEIR CHARACTER AND THAT KIND OF THING. YEAH. MAYOR COUNCILMEMBER THANKS FOR THAT QUESTION. I DO APPRECIATE THAT NEED TO TALK ABOUT THAT. SO YOU'RE CORRECT IN THAT SOME CIESO LIMIT THE ABILITY TO INSTALL MURALS TO I'D SAY A DOWNTOWN CBD YOU KNOW BUSINESS DISTRICT TYPE SET UP AS YOU NOTED BLOOMINGTON'S LAND USE AND COMMERCIAL ENTERPRISES ARE KIND OF SCATTERED THROUGHOUT THE WHOLE COMMUNITY SO SO THAT'S KIND OF ONE THINKING BEHIND THAT, YOU KNOW OUR INDUSTRIAL SITES, OUR COMMERCIAL SITES ALL OF THESE MAY HAVE INTEREST IN PURSUING A MURAL IN TERMS OF WHY NOT TO RESTRICT THEM FROM RESIDENTIAL DISTRICTS IT'S KIND OF A NUANCE MORE MAYBE BLOOMINGTON ZONING CODE BUT A LOT OF NONRESIDENTIAL USES ARE ALLOWED IN OUR RESIDENTIAL DISTRICTS INCLUDING GOVERNMENT FIRE STATIONS, PARKS, PLACES OF ASSEMBLY AND SO OUR THINKING ITERM OF NOTO INCLUDE A LOCATIONAL RESTRICTION ON IT WAS THAT YOU KNOW, THERE COULD BE A SCENARIO WOULD AND WE COULD ENVISION THAT ONE OF THESE TYPES OF USES WOULD BE INTERESTED IN PURSUING A MURAL IN TERMS OF , YOU KNOW, SINGLE FAMILY HOMES OR OTHER LITTLE OR OTHER RESIDENTIAL USES. MANY OF THOSE ARE ACTUALLY THERE IS NOT A COATING ON THOSE SITES TODAY. SO IN EFFECT ABSENT THIS PROPOSED POLICY THERE'S THERE'S NO REGULATION CURRENTLY IF A RESIDENT WANTED TO INSTALL A MURAL ON THEIR HOME YOU KW, SHOULD THIS WERE TO PASS THEN THEY WOULD HAVE PURSUE THE SAME MURAL PERMIT PROCESS AS ANYONE ELSE THE YOU COULD CONSIDER YOU KNOW LIMITING MURAL INSTALLATION TO KIND OF NON RESIDENTIAL BUILDINGS IN A RESIDENTIAL ZONING DISTRICT BUT AGAIN IT'S JUST HOW FAR DO YOU WANT TO GO AND YOU KNOW ARE MURALS INAPPROPRIATE AT ALL RESIDENTIAL SITES? I DON'T KNOW BUTHAT' DEFINITELY A POLICY DECISION THAT THE COUNCIL SHOULD MAKE. ONE MORE FOLLOW UP ON THAT. SO BECAUSE WE HAVE NO REGULATION CURRENTLY IF SOMEONE HAD SOMETHING THAT WOULD QUALIFY AS A MURAL ON THEIR HOME TODAY AND WE PASS THIS ORDINANCE, WOULD THEY HAVE COME AND APPLY FOR A PERMIT OR WOULD THEY BE GRANDFATHERED INTO? THE PREVIOUS ORDINANCE THAT WE DIDN'T HAVE YEAH MAYOR COUNCILMEMBER THEY WOULD NOT HAVE TO RETROACTIVELY PURSUE A MURAL PERMIT PROCESS NOR WOULD THEY BE SUBJECT TO THE PERFORMANCE STANDARDS WITHIN THE PROPOSED ORDINANCE AND POLICY YEAH THEY'D BE LEGALLY NON-CONFORMING OR JUST CONFORMING COUNCIL ADDITIONAL QUESTIONS DO NOT HEAR ANY MY MOTION SHEET SO WHAT I WILL I'M GOING TO OPEN UP THE PUBLIC HEARING AND ITEM 4.1 THIS IS ITEM 4.1 OF THE PUBLIC HEARING ON THE CITY CODE AMENDMENT REGARDING MURALS ORDINANCE AND SUPPORTING POLICIES OR ANYONE IN THE COUNCIL CHAMBERS WHO WISHES TO SPEAK TO ITEM 4.1 THIS EVENING MY MR. SABLE IS THERE ANYONE ON THE PHONE WHO WISHES TO SPEAK TO HIM? 4.1 MR. MAYOR, COUNCIL MEMBERS KNOW IS ON THE BILL LAST CALL FOR ANYBODY IN THE CHAMBERS WE'VE GOT NO ONE IN THE CHAMBER IS COMING FORWARD. WE GOT NOBODY ON THE PHONE COUNCIL I WOULD LOOK FOR MOTION TO CLOSE THE PUBLIC HEARING OUT IN 4.1 SO MOVE SOME MOTION BY COUNCILMEMBER AND SECOND BY COUNCILMEMBER TO CLOSE THE PUBLIC HEARING ON ITEM 4.1 THIS EVENING. NO FURTHER COUNCIL DISCUSSION THIS ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED MOTION THEORIES SIX ZERO COUNCIL SO WHAT ARE YOUR THOUGHTS ON THIS? I'VE HEARD A COUPLE FOLKS WHO DICATE PERHAPS THAT 50% IS A BIT TOO RESTRICTIVE. I THINK IF WE'D WANT TO BUMP THAT UP I DON'T KNOW IF IT WOULD APPROPRIATE TO MAYBE TABLE THIS SEND IT BACK TO THE PLANNING TO GET THEIR FEEDBACK ON THIS AS WELL BECAUSE THEY DIDN'T THEY DID PASS THIS WITH 50% ALTHOUGH I THINK MR. JOHNSON SAID THAT THEY WERE OPEN TO THE CONVERSATION OF 100% THOUGHTS ON THAT. SO HOW WOULD WE LIKE TO MOVE FORWARD IS THERE ENOUGH ENOUGH OF A DESIRE TO ELIMINATE THE LIMIT OF 50% OF AN ENTIRE BUILDING ELEVATION WALL AREA COUNCIL MEMBER WOMAN WELL YEAH I MEAN I HAVEN'T HEARD A RATIONALE AS TO WHY WE SHOULD IT I MEAN YOU KNOW ANYTHING MORE THAN YOU KNOW 50 OR 60 OR 20% OR I DON'T I DON'T UNDERSTAND WHY WE WANT TO KEEP IT SO YEAH I THINK IT'S WORTH HAVING ADDITIONAL CONVERSATION ABOUT. THERE'S A COUPLE OTHER ITEMS I WOULD LIKE TO SEE US LOOK AT TOO AS WELL COUNCILMEMBER BY E BOARD AS WELL I WOULD THINK THE ONLY THE ONLY POSSIBLE THING GIVEN THE CONVERSATION IT PROGRESSED HERE LET ME GET TO 50% IF IT IS IN A RESIDENTIAL IF IT'S SOMEONE'S HOME AND THEY PUT SOME SORT OF WACKY WORK OF ART A MURAL ON THEIR ENTIRE HOUSE, DOES IT AFFECT THE PROPERTY VALUES OF THE OF THE NEIGHBORS? YOU KNOW, I DON'T KNOW IT ART MURALS LIKE ANY OTHER ART I MEAN IT'S KIND IN THE EYE OF THE BEHOLDER AND SO I DON'T KNOW IF IF WE COULD MAKE THAT ARGUMENT NOT OR IF EVEN THAT'S SOMETHING WE WOULD WANT TO CONSIDER. BUT I WOULD THINK THAT WOULD BE THAT WOULD BE IN TERMS OFUSTICATION. I DON'T KNOW IF THERE'S ANYTHING OTHER THAN THAT, BUT THAT WOULD BE A POSSIBILITY. COUNCILMEMBER DALLESSANDRO WITH THERE MR. MAYOR, THANK YOU. WOULD THERE BE A MAYBE A BETTER WAY TO ADDRESS THAT WOULD BE TO APPLY THAT STANDARD TO A CERTAIN ZONE LIKE OUR ONE AND THEN YOU HAVE IT ON THE OTHER PLACES. SO TO YOUR POINT YOU WOULD KIND OF EFFECTIVELY SOLVE THE PROBLEM IN A MORE RESIDENTIAL AREA IF YOU THOUGHT 50% THSHD WAS FOR THAT PURPOSE AND THEN YOU WOULD HAVE ALL THE OTHER AREAS WOULDN'T HAVE THAT RESTRICTION. I DON'T KNOW. I MEAN I THINK I THINK ULTIMATELY WE HAVE SIGNS TODAY LIKE PEOPLE PEOPLE ARE NOT PROHIBITED TODAY FROM HANGING FROM THEIR HOME. THERE'S A REALLY OFFENSIVE ONE IN DISTRICT THREE TODAY THAT'S BEEN UP THERE SINCE AROUND ABOUT 2020 AND YOU KNOW, THEY HAVE EVERY RIGHT TO HAVE IT ON THEIR PROPERTY AND SO YOU KNOW ,I DON'T KNOW IF IT WAS VOLTAIRE OR WHOEVER BUT YOU CAN DISAGREE WITH WHAT SOMEBODY BUT YOU DEFEND THEIR RIGHT TO SAY IT RIGHT. AND THIS IS SPEECH SO THAT THAT'S THE ONLY THAT'S ONE OF THE MAIN REASONS I WAS OF UNCOMFORTABLE WITH THE RESTRICTION. IT JUST SEEMED KIND OF ARBITRARY AND RESTRICTIVE FOR NOT A GOOD REASON. BUT IF IF WE WANT TO DO THAT MAYBE WE MAYBE WE PUT THAT RESTRICTION ON UP ON A PERMANENT BASIS BASED ON ZONE OR SOMETHING LIKE THAT TO KIND OF MINIMIZE THAT IMPACT AND BE AN OPTION FOR US. THANK YOU. AND I CAN IMAGINE THE ADMINISTRATIVE AND LEGAL HEADACHES THAT WOULD COME IF WE WOULD KEEP THE 50% BUT THROW IN THERE'S SOMEHOW A AN APPEAL PROCESS. SOMEBODY WANTED TO COME FORWARD AND SAY NOPE, WE WANT TO GO 75 OR 100% WITH REVIEW BY THE CITY . I DON'T KNOW THAT THAT WOULD BE ENFORCEABLE OR ADVISABLE IN THIS MANNER. I THOUGHT I'D MAY OR MEMBERS I'M JUST TRYING TO THINK THROUGH WHAT THE OBJECTIVE CRITERIA MIGHT POSSIBLY BE THAT WOULD CREATE SOME SORT OF NEUTRAL OBJECTIVE DECISION BY STAFF ON WHAT WOULD SORT OF ELEVATE SOMEBODY BE ABLE TO GO 75 OR 100% THINK YEAH MAYBE IT'S CREATING MORE PROBLEMS THAN IT'S SOLVING TO TO LOOK AT IT THAT WAY. COUNCILMEMBER CARTER THANK YOU MAYOR. I WOULD BE COMFORTABLE SENDING THIS BACK TO THE PLANNING COMMISSION TO GET THEIR OPINN ON ELIMINATING THE 50%. I DON'T KNOW IF I WOULD BE COMFORTABLE FOR HAVING CERTAIN REQUIRES AND REQUIREMENTS IN RESIDENTIAL AREAS BECAUSE WE DON'T CURRENTLY HAVE THOSE REQUIREMENTS AND SO IT SEEMS LIKE WE'RE YOU KNOW, CREATING SOMETHING THAT MAYBE ISN'T QUITE ISN'T NEEDED. RIGHT. AND SO I DON'T I WOULD WANT TO GO THAT ROUTE BUT BUT I AM OPEN TO REVISITING OR HAVING THE PLANNING COMMISSION THE MAXIMUM AREA 50%. COUNCILMEMBER DALLESSANDRO YEP . I DO BELIEVE NICK MIGHT HAVE SAID THIS. I THINK BUT THEY SAID THEY HAD TALKED ABOUT IT THEY WERE FINE PASSING IT AND WERE LIKE HEY LET US KNOW IF SOMEBODY COMES AND SAYS IT'S TOO RESTRICTIVE AND THEN MAYBE WE CHANGE IT OR WHATEVER TOO. SO THAT'S ANOTHER OPTION IS TO TO GET THE YOU KNOW ALLOW THE CREATIVE PLACEMAKING FOLKS THE WHEREWITHAL TO START SOME OF THE PROJECTS THEY WANT TO START POTENTIALLY IF IF THEY I KN THE PUTN A LETTER OF SUPPORT SO MAYBE THEY SOME THINGS IN THE WORKS THAT ARE CURRENTLY YOU KNOW KIND OF STUCK BEHIND US NOT HAVING THIS ORDINANCE KIND OF ORGANIZED IF YOU WILL DON'T KNOW IF THAT'S TRUE OR NOT BUT IS ANYBODY ABLE TO SPEAK TO IF WE'RE IF WE DID SEND IT BACK ARE WE DELAYING SOME THINGS THE CREATIVE PLACEMAKING COMMISSION MIGHT WANT TO GET UNDERWAY AND THAT I DON'T KNOW. AND I WANT TO BE CLEAR THE NOTION OF SENDING BACK WOULD BE WE DON'T NEED TO WE'RE NOT REQUIRED TO. I THINK IT'S MORE OF A COURTESY KIND OF THING TO GET THE PLANNING COMMISSION'S THOUGHTS ON IT. BUT IF IF THIS COUNCIL WOULD LIKE TO ELIMINATE THAT 50% LIMIT, WE COULD CERTAINLY DO THAT ON OUR OWN IF MR. MAYOR AND COUNCIL DALLESSANDRO I'M NOT AWARE OF ANYTHING IN THE PIPELINE FOR THE CREATIVE PLACEMAKING COMMISSION BUT MAYBE MR. JOHNSON IF YOU HAVE ADDITIONAL INFO. THANK YOU MR. BOOGIE IT LOOKS LIKE I'LL 100 PALINKAS ON THE LINE TO MAYBE CONFIRM THAT BUT I DO HAVE A KIND OF A SECOND FOLLOW UP TO THAT BUT ALEJANDRO, DID YOU WANT TO SPEAK TO THAT? YES. HELLO MAYOR HELLER, COUNCIL MEMBERS THERE ARE A COUPLE OF PROJECTS THAT WE ARE INTERESTED PURSUING BUT THIS WOULDN'T DELAY ANY OF THOSE FROM BEING IMPLEMENTED. SO NOTHING CURRENTLY THAT'S IN THE PIPELINE. THANK YOU. THAT HELPS CLARIFY. THANK YOU. AND MAYOR, IF I MAY JUST PROVIDE ONE LAST FEEDBACK AND PLEASE THE NATURE OF THE PLANNING COMMISSION DISCUSSION. I MEAN I THINK IT I WOULDN'T DESCRIBE THE 50% LIMITATION AS SOMETHING THAT THEY WERE STRONGLY IN FAVOR OF . I THINK THE DISCUSSION BROKE DOWN A KINDF YO KW, A43 YOU KNOW, RIGHT DOWN THE MIDDLE KIND OF WAY. AND I WOULD TO. MS. SANDERS RIGHT. IN TERMS OF WHETHER OR NOT IT'S APPROPRIATE TO SEND IT BACK BUT, I THINK THAT THERE IS DEFINITELY A WILLINGNESS ON THEIR PART AND I DON'T MEAN TO FOR THEM BUT A WILLINGNESS TO LOOK LOOK AT THAT. BUT IN TERMS OF JUST THE NATURE OF THE DISCUSSION AND KIND OF WHY STAFF WAS LOOKING AT THAT IS THAT I VERY MUCH THINK OF THIS SOMETHING AS LIKE A CRAWL WALK RUN KIND OF THING RIGHT NOW WE DON'T ALLOW MURALS AT ALL. IT'S JUST COMPLETELY PROHIBITED. AND SO THIS WAS SEEN AS JUST A WAY TO OF , YOU KNOW, DIP OUR FEET IN THE WATER AND GET STARTE. AND THEN WHAT THEY ASKED US TO DO IS CONTINUE TO TRACK IF THIS SHOULD IF THIS PROVISION BECOMES A PROBLEM, WE WANT TO CHANGE IT MOVING FORWARD IN THE FUTURE AND JUST FROM WORKING WITH PELINKA AND OTHERS, WE FELT THE 50% WHILE THAT NUMBER SEEMS SOMEWHAT RESTRICTIVE IT WAS KIND OF CONSENSUS REACH AMONG OUR GROUP THAT YOU KNOW WELL OVER 90% OR 95% OF THE DESIRED MURALS WOULD NOT HAVE NO PROBLEM. YOU KNOW, ABIDING BY THAT RESTRICTION MURAL INSTALLATION IS ACTUALLY, YOU KNOW, VERY EXPENSIVE AND SO TO DO A FULL BUILDING WOULD BE WOULD BE A UNIQUE SITUATION. COUNCILMEMBER LOWMAN SO JUST YOU KNOW, MAYBE THIS IS MORE PLACEMAKING PIECE BUT I THOUGHT WE HAD AT ONE POINT SOME OF THE UTILITY BOXES THAT WE WERE WERE PAINTING WITH MURALS ON THEM. WAS THAT AT 50% OR IS THAT 100%? WE'RE DOING THAT AND WE'RE COUNCIL MEMBERS. I CAN ANSWER THAT. THIS IS AND THAT PELINKA AND YES UTILITY BOXES WERE 100% WRAPPED. THEY ARE THE SMALLER UTILITY THAT WE TYPICALLY EITHER PAINT OR WRAP WITH THE VINYL WRAP AND YES THEY ARE COMPLETELY COVERED TYPICALLY SOMETIMES THE TOP BUT YEAH USUALLY THEY ARE OKAY BUT IT'S MOSTLY AND SO SORT OF YOU KNOW THEY'RE KIND OF WHAT I'M THINKING ABOUT WHEN I ABOUT THIS I MEAN OF COURSE A UTILITY BOX IS TOTALLY DIFFERENT THAN A BUILDING. I TOTALLY GET THAT. I'M NOT SAYING THE UTILITY BOX IS A BUILDING. YOU KNOW, WHEN I THOUGHT ABOUT THAT AND I THINK ABOUT THIS THAT'S WHERE I SORT OF KIND HAVE THE QUESTION, YOU KNOW YOU KNOW, WHAT ARE WE TRYING TO ATTEMPT TO DO HERE? KNOW DO WHAT DO WE ARE WE ARE WE IN FAVOR OF LETTING MURALS KNOW KIND OF HAPPEN AND TAKE PLACE HERE OR ARE WE, YOU KNOW, WANT TO KIND OF SLOW WALK OUR WAY INTO THIS SO I DON'T I PERSONALLY THINK THAT, YOU KNOW, IT CAN'T HURT TO SEND BACK TO THE PLANNING AND HAVE A LOOK AT THAT. AND THEN IN ADDITION TO THAT I AM JUST A LITTLE MORE INTERESTED IN SOME OF THESE YOU KNOW, WHAT DO WE DO IF SOMETHING OFFENSIVE GETS UP AND WE SOMEHOW LEARN ABOUT THAT AND HOW DO WE HOW DO WE ADDRESS THAT? I REALLY WANT TO HAVE A SOLID KNOW MAYBE THAT WILL NEVER HAPPEN BUT BUT TO NOT HAVE THAT DISCUSSION OR LOOK AT THAT A LITTLE MORE SERIOUSLY BEFORE WE GO AHEAD AND DO THIS ESPECIALLY IF WE GO BEYOND 50% AND THAT GOES BACK TO MY POINT ABOUT THE NOTION OF ART BEING IN THE EYE OF THE BEHOLDER AS OPPOSED AND THE POINT OF OFFENSIVENESS IS IN THE EYE OF THE BEHOLDER AS WELL. IT BECOMES WHAT WHAT I'M I'M JUST TO TO MOVE THIS FORWARD AS WE'RE KIND OF GOING BACK AND FORTH ON THIS YOU. ONE OF THE LAST POINTS I THINK MADE GOOD SENSE. I MEAN THAT THE WHOLE CRAWL WALK AROUND KIND OF THING WE'VE NOT DONE THIS BEFORE. I WONDER IF WE ACCEPT WHAT THE PLANNING COMMISSION APPROVED EARLIER. WE MOVE FORWARD WITH KNOWING FULL WELL IF IN THE FIRST YEAR WE GET FIVE ASKS TO DO A 100% MURAL THAT WE LOOK AT THIS AGAIN AND WE RECONSIDER IT. I THINK IT'S A GOOD POINT THAT YES, MURALS ARE EXPENSIVE KIND OF THINGS TO EXPENSIVE TO MAINTAIN AND THE 50% WHILE IT'S A LIMITED ALSO IT GES PEOPLE IT GIVES THEM THE PALETTE TO WORK ON AND THE UNDERSTANDING OF WHAT THAT PALETTE CAN BE AND IF WE HAVE MORE IF WE HAVE PEOPLE COMING FORWARD AND SAYING NO WE NEED WE NEED MORE MORE AND MORE AND MORE, I THINK WE COULD RECONSIDER THIS BUT IT MIGHT MAKE SENSE TO SIMPLY MOVE FORWARD WITH WHAT THE PLANNING COMMISSION RECOMMENDED TO US AFTER A GOOD DISCUSSION I THINK AND SOME GOOD POINTS THAT WERE BROUGHT FORWARD. MR. MAYOR, I'M VERY HAPPY TO MOVE THE ORDINANCE IF EVERYBODY ELSE IS OKAY WITH THAT COUNCILMEMBER. DALLESSANDRO I MOVED TO ADOPT THE ORDINCE 20 389 I GUESS I DON'T KNOW AND SUPPORTING POLICY AMENDMENT AMENDING THE DEFINITION OF A MURAL AND ESTABLISHING NEW STANDARDS AND PROCEDURES FOR INSTALLING MURALS IN BLOOMINGTON. SECOND MOST OF MY COUNCILMEMBER DALLESSANDRO SECOND COUNCILMEMBER CARTER TO ADOPT THE ORDINANCE IN THE SUPPORTING POLICY AMENDING THE DEFINITION OF A MURAL ESTABLISHING NEW STANDARDS AND PROCEDURES FOR INSTALLING MURALS IN BLOOMINGTON. NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING I OPPOSED I MOTION CARRIES 5 TO 1 WITH COUNCILMEMBER LOWMAN IN OPPOSITION COUILMEER DALLESSANDRO WE NEED SUMMARY PUBLICATION WE DO OKAY THANK YOU FOR MOVING THE SLIDE FORWARD BECAUSE DIDN'T HAVE MY PAPER IN FRONT OF ME I MOVE TO ADOPT RESOLUTION TO AUTHORIZE SUMMARY PUBLICATION OF THE MURALS ORDINANCE SECOND MOTION BY COUNCILMEMBER DALLESSANDRO SENT IN BY COUNCILMEMBER FOR SUMMARY PUBLICATION NO FURTHER COUNCIL DISCUSSION ON THIS ALL THOSE IN PLEASE SIGNIFY BY SAYING I I OPPOSED MOTION CARRIES SIX ZERO WELL THANK YOU THANKS TO THE STAFF FOR THE WORK ON THIS THANKS FOR THE DISCUSSION COUNCIL AND I DO THINK IF THIS COMES BACK TO US IN A YEAR OR TWO YEARS OR HOWEVER MANY IT IS AND PEOPLE SAYING NOT WE WE WANT TO PAINT THE WHOLE DARN BUILDING WE CAN HAVE THAT DISCUSSION THEN I THINK THAT WORKS. WE WILL MOVE ON TO ITEM 4.2 ON OUR AGENDA. THIS IS CONTINUING THE DISCUSSION FOR OUR WEST 98TH STREET AND 35 STUDY REPORT. MR. KIRK ROBERTS IS HERE. I THINK WE'RE GOING TO DISCUSS IT A BIT MORE AND DISCUSS OR NOT THE COUNCIL WOULD LIKE TO ACCEPT THE REPORT AND WE DO HAVE A PUBLIC COMMENT OPPORTUNITY ON THIS AS WELL. MR. ROBERTS, GOOD EVENING. WELCOME. GOOD EVENING. THANK YOU MAYOR COUNCIL AND THIS IS AN ITEM YOU'VE HEARD ABOUT AND DISCUSSED BEFORE SO MY INTRODUCTORY COMMENTS WILL BE BRIEF AND THE THE CORRIDOR STUDY FROM JAYNES AVENUE OVER TO LYNDALE AVENUE WAS NEEDED FOR A NUMBER OF REASONS. THE FOREMOST OF WHICH WAS TO HELP DEVELOP A NEW PLAN FOR THE INTERCHANGE THAT PRESERVES THE TRANSIT USE ON THE SOUTH EAST CORNER OF THE INTERCHANGE HAS BECOME SUCH A PART OF THIS AREA. WE ALSO WANTED TO BE SURE THAT THE RESULTING DESIGN COULD MAINTAIN CAPACITY INTO THE FUTURE INCLUDING TO ACCOMMODATE CITY'S VISION FOR THE AREA SUCH AS THE LYNDALE RETROFIT AND THE ASSOCIATED AND TRAFFIC FROM THAT AS WELL AS SOME DEVELOPMENT OPTIONS THE CITY'S LOOKING AT FOR TRANSIT ORIENTED DEVELOPMENT THE CORRIDOR ALSO HAS SIGNIFICANT PEDESTRIAN TRAFFIC AND BICYCLE TRAFFIC IS INCREASING AS TRAILS THREAD THEIR WAY THROUGH THE AREA. WE'D LIKE TO SEE IF WE CAN MAKE CONDITIONS BETTER FOR NON-MOTORISED USERS. AND LASTLY WE WANTED TO ADDRESS THE SAFETY ISSUES FOR EVERYONE ON THE CORRIDOR. THERE'S SOME KNOWN SAFETY ISSUES THERE AND SO COUNCIL AS A RESULT OF THE THIS IS WHAT WE'VE GOT FIRST WE HAVE A PLAN THAT REPRESENTS BLOOMINGTON'S FOR THE FUTURE THAT INCLUDES PLANS FOR A TRANSPORTATION THAT WORKS FOR ALL USERS AND A PLAN WILL GUIDE AND ACCOMMODATE THE CHANGES IT WOULD LIKE TO SEE IN THE AREA IN THE FUTURE. IT'S A PLAN THAT HAS OPPORTUNITY AS I MENTIONED THE HOUSING AND REDEVELOPMENT AUTHORITY AND METRO TRANSIT ARE LOOKING AT SOME TRANSIT ORIENTED DEVELOPMENT OPTIONS IN THE AREA. THIS PLAN LOOKS AT THOSE, EVALUATES THOSE AND HELPS ACCOMMODATE THOSE. NOW INCLUDING SOME HOUSING OPTIONS GEARED TOWARDS TRANSIT DEPENDENT POPULATION OPTIONS. IT ALSO MAKES WAY FOR THE CITY'S VISION FOR LAND IN THE AREA. AS I MENTIONED THE LYNDALE RETROFIT PLAN RENEWAL WE'VE IDENTIFIED 19 MILLION IN POTENTIAL PROJECTS THAT WE'D LIKE TO START BUILDING OVER THE NEXT 20 YEARS. HOPEFULLY WE'LL DO IT SOONER THAN THAT THE FIRST OF THOSE WILL COME LIKY IN 2026 AND THEN THE PLAN EMBRACES PARTNERSHIPS. SO AS WE'VE WORKED FORWARD WITH THE STATE AND THE COUNTY, OUR PLANS FOR THE CORRIDOR HAVE BECOME THEIR PLANS FOR THE CORRIDOR. THEY'RE EXCITED ABOUT WHAT WE'RE DOING AND THEY SHARE OUR VISION FOR THE AREA COLLEAGUES AT METRO TRANSIT HAVE NOT ONLY PARTICIPATED IN THE STUDY BUT BECOME ADVOCATES FOR OUR VISION FOR WHAT WE'D LIKE TO SEE IN THE FUTURE AND HOW TRANSIT CAN ACCOMMODATE THAT. I APPRECIATE THE COUNCIL AND THE PUBLIC'S TIME TO HEAR ISSUE TO DISCUSS THIS ISSUE TONIGHT BUT. I ALSO JUST WANT TO TAKE A MINUTE TO COMMENT MY COLLEAGUES AND BRAG ON MY COLLEAGUES AT THE BLOOMINGTON HOUSING AND REDEVELOPMENT AUTHORITY AND THE PORT AUTHORITY ENGINEERS HAS BEEN THE PUBLIC FACE FOR THIS STUDY AND NOT A VERY LOVELY FACE WHEN I'M SELF-RESPECTING IN LOOKING INWARD AND THEIR PARTNERSHIP AND THEIR HEAVY LIFTING ON THIS HAS BEEN REALLY KEY TO MAKING GOOD STUDY THAT WILL GUIDE THE CITY'S VISION INTO THE FUTURE. SO TO TALK ABOUT THE STUDY PROCESS AND THE OUTCOME IS BRIAN NEMETH WITH PORTLAND MINK. THANK YOU KIRK. GOOD EVENING, MR. DEMUTH. WELCOME. THANK YOU. THANK YOU, MAYOR. THANK YOU. COUNCIL MEMBERS ARE MOVING FORWARD ON THE STUDY JUST PROVIDING SOME BACKGROUND ON IT. WE DID HAVE A LOT OF ENGAGEMENT OPPORTUNITIES THROUGHOUT THE ENTIRE STUDY WE HAD WE HAVE WE HAD A PUBLICITY SOME SIDEWALK DECALS VIDEO INTERVIEW WITH KIRK ON THE WEBSITE WE HAVE SOCIAL MEDIA FLIERS AND EMAIL SUBSCRIPTIONS OUT TO THE COMMUNITY MEMBERS WE HAVE THE WEBSITE LET'S TALK BLOOMINGTON UP ON THE CITY'S WEBSITE. THEY ALSO POP UP EVENTS AND FOCUSED CONVERSATIONS SOME PRE OPEN HOUSE ENGAGEMENT AND THEN ACTUAL OPEN HOUSES WITH THE COMMUNITY GETTING INTO THAT A LITTLE BIT WE DO HAVE TWO POP UP EVENTS THAT WE HAD FALL OF 2022 ONE AT THE FARMER'S MARKET AND THEN ONE ALSO AT THE TRANSIT STATION TRAIN WAS REALLY IMPORTANT TO GET OTHER COMMUNITY MEMBERS THAT ARE USING TRANSIT STATION PEOPLE THAT ARE WALKING, BIKING AND USING THE PARK AND ALSO SWITCHING BUSSES IN THAT AREA. SO JUST TO GET THEIR OPINIONS OF THE CORRIDOR AND HOW THEY'RE USING THE CORRIDOR, THOSE ARE THREE FOCUS CONVERSATIONS WITH THE COMMUNITY. ONE AT CREEKSIDE COMMUNITY CENTER, ONE AT KENNEDY HIGH SCHOOL AND ONE AT SUMMER HOUSE INDEPENDENT JUST TO UNDERSTAND HOW DIFFERENT AGE GROUPS AND HOW DIFFERENT ECONOMIC GROUPS AND PEOPLE USE THIS CORRIDOR FROM DIFFERENT AREAS. WE ALSO HAD TO OPEN HOUSES WE BOTH AN IN-PERSON OPEN HOUSE AND ALSO SOME ONLINE ENGAGEMENT WHICH WAS UP FOR ABOUT FOUR WEEKS DURING THAT SAME TIME CONSISTENT WITH THE OPEN HOUSE THAT WE HAD ONE IN DECEMBER AND THEN AN ADDITIONAL OPEN HOUSE IN MAY MAY . JUST A LITTLE BIT BACKGROUND HERE ON THE TRANSPORTATION USE ON THE CORRIDOR. SO CURRENTLY YOU SEE ON THE LEFT SIDE IS OUR PEOPLE ARE USING THE CORRIDOR TODAY VAST MAJORITY OF PEOPLE ARE DRIVING THE CORRIDOR. THERE ARE SOME PEOPLE ARE USING PUBLIC TRANSPORTATION AND SOME OTHERS THAT ARE WALKING IN THE CORRIDOR, SOME THAT ARE BIKING ON THE RRID BUTHE MAJORITY BIGGEST MAJORITY USE IS DRIVING IN THE CORRIDOR. HOW PEOPLE YOU WANT TO USE THE CORRIDOR PEOPLE ARE STILL GOING TO DRIVE PEOPLE THAT SAID THAT THEY WERE GOING TO DRIVE IT TODAY THEY'RE STILL GOING TO DRIVE IT IN THE FUTURE. BUT THEN WE SEE IF THE CORRIDOR WERE IMPROVED, IF THEY COULD MORE IF THEY COULD WALK MORE, IF THEY COULD USE TRANSIT MORE THAT THERE WOULD BE MORE USE FOR THOSE TYPES OF USE OF LINE THERE. SO THIS IS AN UNDERSTANDING THAT NOT ONLY DO WE NEED TO IMPROVE IT FOR BICYCLISTS AND FOR PEDESTRIANS AND FOR TRANSIT USERS ALONG THE CORRIDOR, WE ALSO DO NEED TO MAINTAIN IT FOR VEHICLE MOVEMENTS THROUGHOUT THE AREA . WE DID HAVE A LOT OF COMMENTS . I'M NOT GOING TO GO THROUGH ALL THE COMMENTS. I THINK MOST OF IT RELATES TO JUST WHAT TALKED ABOUT IN THE PREVIOUS SLIDE TALKING ABOUT HOW PEOPLE UNCOMFORTABLE RIGHT NOW WALKING AND BIKING ALONG CORRIDOR. THERE ARE SOME CONGESTION AREAS FOR VEHICLES SPECIFICALLY AT OLD ABBEY ROAD AND AT THE INTERCHANGE BUT GENERALLY IT'S REALLY THE LACK OF PEDESTRIAN AND BICYCLIST FACILITIES AND WIDE FACILITIES THAT PEOPLE CAN USE AND JUST DIFFERENT OPPORTUNITIES FOR US AGAIN GOING OUT THROUGHOUT THE CORRIDOR LOOKING AT LIGHTING WIDER FACILITIES, MORE BIKE LANE BIKE TYPE FACILITIES THAT ARE AVAILABLE FOR EVERYBODY THROUGHOUT THE ENTIRE STUDY LOOKING AT THREE DIFFERENT STAGES OF CONCEPT DEVELOPMENT, WE DO HAVE STAGE ONE WHICH IS KIND OF THE SHORT NEAR TERM MDOT HAS CURRENTLY AS A PROJEC IN 26 TO REPLACE THE SIGNAL SYSTEMS AT THE INTERCHANGE AS PART OF THAT PROJECT THEY'RE LOOKING AT DOING SOME OTHER GEOMETRIC TYPE OF IMPROVEMENT THERE THAT THEY'RE THEY'RE LOOKING THROUGH IN 2026. SO LOOKING AT ANY OF THOSE SHORT TERM PROJECTS WILL BE ASSOCIATED WITH THOSE PROJECTS ON THE MIDTERM IS A 10 TO 20 YEAR TIME FRAME IS TO ACCOMMODATE SOME DEVELOPMENT AND REDEVELOPMENT GROWTH LARGELY THE KIND OF NEAR THE LYNDALE AVENUE AREA AND THEN ALSO ITS GROWTH AND CAN WE FIT ANYTHING WITHIN THE EXISTING RIGHT OF WAY? SO NOT TRYING TAKE PROPERTY TO DEVELOP THIS MIDTERM OPTION THE OTHER THING WITH THAT IS MAINTAINING THE EXISTING BRIDGE MAINTAINED OVER I-35W THAT IS A NON OWNED BRIDGE CROSSING I-35W EVEN THOUGH IT IS A COUNTY FACILITY CROSSING THERE IS A MINNESOTA OWNED BRIDGE. OUR LATEST INFORMATION ON IS THAT THE BRIDGE REPLACEMENT WILL BE BEYOND 20 YEARS. IT HAS STILL ABOUT 20 YEARS OF LIFE LEFT IN THAT BRIDGE AND SO WE HAVE A LONG TERM VISION WOU BE REPLACING THAT BRIDGE AND LOOKING ANYTHING WHERE WE NEED A MORE ADDITIONAL RIGHT OF WAY THAT CANNOT BE FIT IN . SO JUMPING INTO THE MIDTERM QUARTER CONCEPTS LOOKING ON THE WEST END THIS IS ON THE OLD SHAKOPEE ROAD AREA. SOME OF THE THINGS THAT THIS CONCEPT DOES BASED ON SOME OF THE COMMENTS WE'VE HAD IT ADDS A CROSSING AT HUMBOLDT AVENUE CURRENTLY THE ONLY SIGNALIZED CROSSINGS OF EIGHTH STREET IN THIS AREA IS AT DUPONT AVENUE ON THE EAST AND AND JAMES AVENUE ON THE WEST. SO THI IS ADDING ANOTHER CROSSING HUMBOLDT AVENUE WHICH IS ASSOCIATED WITH WHERE METRO CURRENTLY HAS SOME BUS STOPS AROUND THAT AREA. SO THEY'RE LOOKING THIS AS AN IMPROVEMENT FOR SOME OF THAT TRANSIT ACCESS. WE'RE ALSO LOOKING AT IMPROVE RAIL CROSSINGS FOR THE PEDESTRIANS AND BICYCLISTS CHANGING THE ANGLE THAT BICYCLISTS ARE ABLE TO CROSS THE TRACKS SO THERE'S LESS CHANCE OF BIKE TIRES GOING INTO THOSE RAIL AND THOSE RAIL LINES ALSO REDUCING AND ELIMINATING. SO CURRENTLY ON OLD SHAKOPEE ROAD ITOES DOWN FROM TWO LANES DOWN TO ONE, MAKES A WIDE SWEEPING RIGHT TURN THAT GOES ONTO EAST WEST 98TH STREET EASTBOUND SO LIMITING SOME OF THOSE SIDESWIPES THAT YOU HAVE WITH ALL THE TRAFFIC MERGING AND THEN TRYING TO SWITCH LANES AS MOVE THROUGH THERE. THE BIGGEST CHANGE REALLY HERE IS A MODIFYING THE WESTBOUND LEFT WITH THE NORTHBOUND RIGHT OF A NO TURN ON RED SO WE'D HAVE ACTUALLY TWO LANES THAT TAKE ALL SHAKOPEE ROAD TAKE TWO LANES THAT TURN RIGHT WOULD BE CONCURRENT THAT WESTBOUND LEFT THAT CURRENTLY IS OUT THERE SO PROVIDING THE SAME CAPACITY WITH JUST WITH TWO LANES THAT NOW WOULD STOP VERSUS ONE SWEEPING LANE THAT WOULD GO RIGHT ALSO WITH WOULD BE MODIFYING THE PEDESTRIAN CROSSINGS BOTH ACROSS OLD ROAD AND THEN ALSO THE HUMBOLDT AVENUE IMPROVEMENT THERE AND THEN A MULTI-USE TRAIL THE SOUTH SIDE SO WIDENING EXISTING FACILITY UP TO ABOUT FEET FOR THAT MULTI-USE TRAIL MIDTERM CORRIDOR CONCEPT. THE EXISTING BRIE I THE I-35W AREA DUPONT EAST BLOOMINGTON FREEWAY LOOKING AT THERE IS A REALLY REDUCING THE REVISING THE OPERATIONS OF THE TRAFFIC SIGNAL TO SOME OF THOSE CONFLICTS THAT ARE OUT THERE. WE'VE HAD A LOT OF BICYCLIST AND PEDESTRIAN AT DUPONT AVENUE AND THAT INTERCHANGE THERE SO MAKING SOME IMPROVEMENTS WORKING WITH HENNEPIN COUNTY TO IMPROVE THE TRAFFIC OPERATIONS THERE WITH SOME DIFFERENT TIMINGS POTENTIALLY ADDING THAT RED LINE ON THE NORTH SIDE THERE A TRANSIT BYPASSANEO CURRENTLY METRO DOES HAVE A PRIORITY SIGNAL THAT CAN GET THROUGH THERE BUT THIS WOULD ACTUALLY PROVIDE A LITTLE MORE PRIORITY THROUGH THERE AND THIS ALL WILL DEPEND ON ON HENNEPIN COUNTY'S ABILITY. ADD THAT INTO THE PROJECT OTHER BIG THINGS TO TO ADD SOME ADDITIONAL IMPROVEMENTS BOTH FOR PEDESTRIANS AND FOR VEHICLES WOULD BE REMOVING THAT SOUTHBOUND FREE RIGHT SO REQUIRING THAT RIGHT COMING OFF THE FREEWAY TO TO STOP AT THE ACTUAL SIGNAL AND THEN MAKE THAT TURN MOVEMENT BOTH IMPROVE SAFETY FOR VEHICLES AND ALSO IMPROVE SAFETY FOR THE PEDESTRIANS CROSSING THOSE AREAS ON THE EAST SIDE WE WOULD KEEP THE TRANSIT STATION WHERE IT'S CURRENTLY RELOCATED CURRENTLY LOCATED TODAY THOSE ARE RALPH PROPERTIES THAT WERE OR AGAIN AS KIRK HAD MENTIONED PREVIOUSLY THAT THEY ARE PROPERTIES THAT WERE BOUGHT FOR THAT INTERCHANGE CONCEPT THAT NOW IS BEING USED BY THE TRANSIT STATION THAT INCLUDES LOOKING AT REDEVELOPMENT IN THAT AREA, A DEVELOPMENT IN AN AREA INCLUDING A 250 SPACE PARKING RAMP AND 5000 SQUARE FEET OF COMMERCIAL AND ALSO 375 APARTMENT UNITS WITHIN THAT SITE. SO LOOKING AT THE LYNDALE AVENUE AREA WE DID IDENTIFY THREE AREAS FOR SOME DEVELOPMENT REDEVELOP MAINTAINING AREA TO AREA ONE AREA WHAT WAS THE METRO TRANSIT STATION AREA WE ALSO HAVE AREA TWO WAS KIND OF NEAR THAT BIG PARKING LOT IN FRONT OF FESTIVAL LOOKING AT ADDING SOME POSSIBLY SOME APARTMENT APARTMENTS IN THAT AREA AND THEN ALSO NORTHWEST OF THE LYNDALE AVENUE 98TH STREET INTERSECTION LOOKING AT ADDING SOME SQUARE FOOTAGE FOR COMMERCIAL RETAIL AND THEN ALSO A 300 UNIT APARTMENT AND THEN JUST KIND OF MAINTAINING SOME OF THAT OTHER DEVELOPMENT THAT'S THERE IN CONSISTENT WITH THE LYNDALE RETROFIT PLAN I'M LOOKING AT LYNDALE AVENUE ON THIS MTERM CONPT THAT'S KIND OF THE EAST END OF THE CORRIDOR. BIG TAKEAWAYS IN THIS AREA IS ELIMINATING THOSE THREE RIGHT MOVEMENTS AGAIN SAFER FOR PEDESTRIANS SHORTENING SOME OF THOSE CROSSINGS IN THAT IN THAT AREA ALSO OF SINGLE LEFT TURN LANES EASTBOUND WILL WE FIND OUT WHAT WITH THE TRAFFIC REVIEW OUT THERE IS THAT THE TRAFFIC IS UNEQUAL BETWEEN THE TWO DIFFERENT LEFT TURN LANES AND MOST OF THE TRAFFIC STACKS UP IN ONE OF THEM. SO REDUCING THAT DOWN TO ONE LEFT TURN LANE STILL PROVIDES THE SAME CAPACY B ALSO SHORTENS THE PEDESTRIAN CROSSING ACROSS 98TH STREET AND ACROSS LYNDALE AVENUE ALSO IMPROVE PEDESTRIAN RAMPS, IMPROVED ACCESS TO THE TRANSIT STATION WITH SOME OF THESE WIDER PEDESTRIAN FACILITIES. THE OTHER BIG THING WOULD BE THE EXTENSION OF THE TRAIL FROM WEST 98TH STREET ON THE EAST SIDE OF LYNDALE AVENUE TO THE SOUTH. SO CURRENTLY TO THE SOUTH OF HERE THERE IS A TRAIL ON STARTS A FEW BLOCKS SOUTH OF THE THE COMMERCIAL DEVELOPMENT IN THAT AREA SO EXTENDING THAT TRAIL TO CONNECTED ALL THE WAY UP TO WEST 98TH STREET AND LOOK AT THE LONG TERM CONCEPTS SO IT WOULD BE ONES THAT WOULD REQUIRE THIS ON THE WEST END IS REQUIRING SOME ADDITIONAL RIGHT OF WAY SO IT'S VERY LIMITED RIGHT OF WAY BETWEEN THE EXISTING EDGE OF CURB THAT WE HAVE ON THE NORTH SIDE AND THOSE PROPERTY LINES ON THE NORTH SIDE. SO LOOKING AT A MULTI-USE TRAIL ON THAT NORTH SIDE BUT THAT WILL REQUIRE SOME EXTENSIVE RIGHT OF WAY BE OBTAINED FROM THOSE PROPERTIES ON THAT SE. SO THAT'S MORE OF A LONG OPTION THERE. THE OTHER THING IS A REPLACEMENT OF THE BRIDGE. SO WITH THAT WE WOULD WANT ADD AN ADDITIONAL EASTBOUND LEFT TURN LANE. SO PART OF THIS IS LOOKING AT WITH THAT INTERCHANGE ALTERNATIVE THAT WAS DEVELOPED IN THE NINETIES MAKING SURE THAT WE CAN PROVIDE ENOUGH CAPACITY HERE TO BE EQUIVALENT TO WHAT THAT INTERCHANGE CONCEPT WOULD HAVE PROVIDED BY ADDING THIS ADDITIONAL EASTBOUND LEFT TURN LANE CAN PROVIDE THAT SAME CAPACITY BUT THEN ALSO WITH THE FACILITIES THAT WE'RE ADDING HERE IS ADDING A FOOT TRAIL ON THE NORTH SIDE. SO CURRENTLYUT TRE TAY THERE IS A TEN FOOT TRAIL ON THE SOUTH SIDE ON THE BRIDGE BUT IT'S ONLY ABOUT SIX FEET ON THE NORTH SIDE. SO EXPANDING THAT THOSE FACILITIES ON BOTH SIDES SOME OTHER MINOR IMPROVEMENTS THERE ONE OTHER TO NOTE HERE WOULD BE THE WESTBOUND RIGHT TURN LANE RIGHT NEAR CLOVER SHOPPING CENTER AND ACTUALLY PROVIDING A SEPARATE TURN LANE FOR THAT TRAFFIC TO GET OVER TO NORTHBOUND 35 W THAT WOULD BE MORE PROBABLY MORE DEVELOPMENT REDEVELOPMENT PROCESS THAT WHEN THAT DEVELOPMENT OF THAT PROPERTY OCCURS THAT'S WHEN THAT PROBABLY THAT RIGHT TURN LANE WOULD BE ADDED. WE DO HAVE THAT OPEN NUMBER TWO IN MAY WE DID HAVE A COMMENT PERIOD OF FOUR WEEKS WE HAD OVER 100 PEOPLE VISIT THE WEBSITE DURING THAT TIME WE HAD 75 PEOPLE EITHER ENGAGED WITH ONLINE COMMENTS OR AT IN-PERSON COMMENTS AT THE OPEN HOUSE. I GUESS I'LL JUST JUMP BACK TO THAT OVERALL GENERAL COMMENTS THIS IS THE WAY IT'S A GOOD TION FOR THE CORRIDOR PROVIDE SOME OF THOSE EXTRA PEDESTRIANS AND BICYCLISTS FACILITIES PROVIDES THOSE ENHANCEMENTS TO TRANSIT BEYOND THE STUDY LOOKING NORTH AND SOUTH OF 98TH STREET WE ARE ALSO LOOKING AT BRIDGE OPTIONS IN THE STUDY THAT ARE LOCATED THERE. WE DO HAVE MENTIONED ONE HERE ON WEST 96TH STREET IS TAKING ADVANTAGE OF SOME OF THE GRADES THAT WE HAVE OUT THERE AND PROVIDING A NEW CROSSING POTENTIALLY NORTH OF THE RAILROAD BRIDGE AND THEN LOOKING AT DIFFERENT OPTIONS TO CROSS THE RAILROAD IN THAT AREA. ANOTHER OPTION WE'RE LOOKING AT IS OUT WEST AT WEST 100 STREET THIS ONE GETS A LITTLE MORE DIFFICULT WITH SOME OF THE GRADES THAT ARE IN THE AREA AND THE THE CLOSE DEVELOPMENT THAT WE HAVE AROUND THE AREA SO THAT THERE WOULD PROBABLY BE A LITTLE BIT MORE THERE LONGER RAMPS THAT WOULD NEED TO BE BUILT UP IN THESE AREAS PLUS ALSO SOME ELEVATORS AND EVERYTHING ELSE TO MAKE THIS ACCESSIBLE TO EVERYBODY ADDITIONALLY ALSO LOOKING AT A WEST 90TH STREET CROSSING THE BOXES ON NORTH SIDE AND SOUTH SIDE IS NOT HOW LARGE THAT THAT BUILDING NECESSARILY NEED TO BE ON EITHER SIDE BUT JUST INDICATING THAT WE WOULD WANT THIS BRIDGE OR SKYWAY TO BE LOCATED ON THE NORTH EAST CORNER OF THAT TRANSIT PROPERTY CONNECTING TO THAT ON ALDRIDGE THE NORTHWEST CORNER SO IT WAS SOME KIND OF FACILITY THERE WE'RE LOOKING AT A SKYWAY FACILITY IN THIS AREA JUST BECAUSE OF THE SPACE THAT IT TAKES UP TO GET RAMPS OR ANYTHING ELSE IN THIS AREA SOME MORE OF A SKYWAY OPTION AND THOSE WOULD BE ADJACENT TO THAT GREEN SPINE FROM THE LYNDALE RETROFIT PLAN AND THAT WOULD CONNECT IT TO THE TRANSIT STATION AFTER COUNCIL ACCEPTANCE TONIGHT STATE FROM BOTH THE HRA, THE PORT AUTHORITY AND PUBLIC WORKS WOULD BEGIN IN NEGOTIATIONS WITH METRO TRANSIT AND THE MET COUNCIL THAT THE RALPH PROPERTIES WHERE THE TRANSIT AND TRANSPORTATION ARE LOCATED ALSO WORKING WITH PUBLIC PROGRAMING FOR PROJECTS DEVELOPING ADDED TO THE CHP AS FAR AS FUNDING AND PARTNERING LOOKING AT PROJECTS AND ADDED TO THE CHP, CHP AND AS I MENTIONED PREVIOUSLY THE FIRST PROJECT IS LIKELY IN 2026 ESPECIALLY WITH MENTOR ALSO LOOKING FUNDING STATE AND FEDERAL AID AS PROGRAM OPPORTUNITIES ALIGN AND ALSO LOOKING AT DEVELOPMENT REDEVELOPMENT WHEN PROPOSALS COME IN SUMMARY THE RECOMMENDED CONCEPTS ACHIEVE THE STUDY GOALS PROVIDE A LONG TERM PLAN FOR THE INTCHAN PRESERVE AND ENHANCE THE TRANSIT STATION THAT'S OUT THERE MAINTAIN EXISTING VEHICULAR MOBILITY INCLUDING TRANSIT ENHANCE NON-MOTORIZED TRAFFIC MOBILITY THROUGHOUT THIS CORRIDOR, IMPROVE SAFETY FOR ALL USERS INCLUDING BUS TRANSIT VEHICLE OWNERS, BICYCLISTS AND PEDESTRIANS ALONG THIS AREA ALSO ALLOW FOR TRAFFIC GROWTH DUE TO REDEVELOPMENT, DEVELOPMENT AND REDEVELOPMENT OF THE AREA. SO STAFF RECOMMENDS THAT THE COUNCIL THE WEST 98TH STREET AT INTERSTATE 35 W TRAFFIC STUDY THAT'LL BE IT THANK YOU MR. NEMETH TELL US WE'VE SEEN MOST OF THIS BEFORE I THINK AND WE HAD SOME GOOD DISCUSSION ON IT. ANY ADDITIONAL COMMENTS OR QUESTIONS? COUNCILMEMBER DALLESSANDRO I GUESS THE ONLY QUESTION THAT I HAD IS SO I LIKE THE CONCEPTS A LOT AND I THINK YOU ALL HAVE DONE A NICE JOB OF OF RECOGNIZING THERE'S AN OPPORTUNITY FOR CO-EXISTING HERE THAT IS REALLY POSITIVE. I'M CURIOUS IF IF YOU HAVE ANY ABILITY TO HELP US UNDERSTAND LIKE WHAT IMPACTS ARE ON A ON ON THE ON THE FLOW OF TRAFFIC SO WE WOULD EXPECTING AT LEAST HYPOTHESIZING THAT WE'D THOSE FOLKS WHO WANT TO TAKE BIKES OR WANTED TO WALK OR WANT TO GET TO PUBLIC TRANSPORTATION THAT THEY WOULD SEE AN IMPROVEMENT IN ACCESSIBILITY AND THEIR SAFETY ETC. HOW ARE WE GOING TO MEASURE THAT IS AN OPEN QUESTION FOR ME. AND THEN THE SECOND QUESTION IS KNOWING THAT ESPECIALLY WITH THAT STOP AT THE CORNER, WE KNOW THAT THAT'S PROBABLY TO HAVE A NEGATIVE IMPACT ON FLOW OF TRAFFIC BUT NOT NECESSARILY IN A BAD WAY. WE JUST NEED TO KNOW WHAT THAT IS AND HOW WOULD WE MEASURE THAT SO I'M CURIOUS IF WE HAVE ANY THOUGHTS ON WHAT WE'RE HYPOTHESIZING THE IMPACTS THERE TO BE AND HOW WE WOULD PLAN TO COME BACK AND TALK ABOUT WHETHER WE WERE RIGHT OR NOT ON THOSE FRONTS. THANKS JUST THANK YOU MAYOR THANK YOU, COUNCILMEMBER YES, WE DID AS PART OF OUR EVALUATION OF THE CORRIDOR OR WE WERE LOOKING AT IS REDUCING THE NUMBER OF CONFLICT THAT W HAVE DURING DIFFERENT MODES THAT IS OVERALL PROVIDING A SAFETY IMPROVEMENT BY ALLOWING LESS CONFLICTS, PROVIDING LESS TIME THAT. SO ANY TIME WE CAN SHORTEN A PEDESTRIAN CROSSING UP WE'RE PROVIDING TIME THAT THOSE TWO PEDESTRIANS AND VEHICLES WOULD BE IN CONFLICT WITH EACH OTHER. SO THAT'S ANOTHER IMPROVEMENT WE'RE LOOKING AT. SO WHY AND WE DID MEASURE OUT WE DID A DO A TRAFFIC ANALYSIS MEASURING THE DELAY THAT WOULD BE UNDER EACH ONE OF THE DIFFERENT IMPROVEMENTS COMPARED TO THE NO BUILD CONDITION. SO WHILE THE YOU KNOW, THE LIKE OLD CHICOPEE ROAD TO EASTBOUND 98TH STREET WOULD APPEAR SINCE WE'RE MAKING NOW TRAFFIC STOP IT'S ONLY STOPPED FOR LESS THAN HALF OF THE TIME. SO OVERALL WE'RE PROVIDING THE SAME LEVEL OF SERVICE ACTUALLY A LITTLE BIT BETTER THAN EXISTING CONDITION THAT'S OUT THERE EVEN THOUGH RIGHT NOW EVERYBODY FEELS THAT THEY CAN JUST ALWAYS GO THROUGH. THE REALITY IS IF YOU MAKE A FEW PEOPLE STOP WE'LL HAVE LESS PEOPLE AND LESS CONGESTION OVERALL IF THAT'S A REALLY INTERESTING HYPOTHESIS, DO WE HAVE AS PART OF THESE CONCEPTS THERE A IS THERE A A PLAN TO ACTUALLY LIKE PILOT STOPPING THAT TRAFFIC AT SOME POINT AND SEEING IF HOLDS UP RESPOND IS THAT THERE IS NO PLAN CURRENTLY? I WILL SAY THAT THE MODELS THAT WE'RE USING RIGHT NOW HAVE BEEN VETTED THROUGH MULTIPLE THE TRANSPORTATION RESEARCH BOARD AND THESE TO THE TRANSPORTATION ENGINEERS TO BE ACCURATE FOR WHAT CONDITIONS WE'D BE LOOKING AT . OKAY GREAT. I APPRECIATE IT. THANKS, COUNCILMEMBER LOWMAN. SO THEN JUST REALLY JUST QUESTION AND IT'S JUST FOR THAT FOR THOSE FOLKS THAT ARE ON 98TH STREET JUST AS YOU TAKE THE WEEK I CALL IT THE POWER CURVE OR THE FOR WHAT WOULD FOLKS UP LOSING SOME OF THEIR PROPERTY THERE IF THAT TRAIL IS PLACED IN THERE OR IS THAT GOING TO BE DONE WITHIN THE EXISTING RIGHT OF WAY? YES. THANK YOU, MAYOR. THANK YOU, COUNCILMEMBER. THERE ARE TWO PROPERTIES CURRENTLY THAT WHERE THE TRAIL SHOWS GOING OVER THAT PROPERTY THE BELIEF IS RIGHT NOW THAT ONE OF THEM FORURE H A HAS A UTILITY EASEMENT IN WHICH CASE THE FOUR TRAIL OR SIDEWALK IN THAT AREA SO THAT ONE PROPERTY WHILE THERE'S ANOTHER PROPERTY THAT WE'RE STILL TRYING TO DETERMINE WHETHER THERE IS AN EASEMENT OR IF SOME PROPERTY THERE'S ONLY ONE THAT'S A POSSIBILITY. OKAY. SO JUST LOOK LIKE A LOT WAS BEING DONE WITH THAT AND I'M LIKE IT'S AMAZING THAT THERE'S NO RIGHT OF WAY BEING ASKED OR YOU KNOW YES. TAKING SO YEAH AND I WILL I'LL I'LL NOTE ON WE ARE NARROWING THE LANES ON EASTBOUND AND WESTBOUND WE'RE ABLE TO PUSH THE CURB FURTHER NORTH TO BE ABLE TO GAIN SPACE THERE ALSO THE LANE CLOSEST TO THE SOUTH SIDE OF THE HIGHWAY IS ACTUALLY STARTING WE'RE NOT STARTING THAT UNTIL FURTHER EAST AWAY FROM OLD CHICOPEE ROAD. SO THERE'S THERE'S AN ADVANTAGE WE'RE ACTUALLY GETTING ANOTHER LANE OF SPACE THERE TWO FOR BOULEVARD SPACE THANKS FOR CLARIFYING THAT. I'LL HOLD ONE COMMENT IN THERE IF YOU COUNSEL ADDITIONAL QUESTIONS. ALL RIGHT DON'T GO FAR. BUT WHAT I WOULD LIKE TO DO NOW IS WE HAVE IN THE AGENDA THE OPPORTUNITY FOR PUBLIC ON THIS PROJECT LIKE TO OPEN UP THAT PUBLIC OPPORTUNITY RIGHT NOW AND SEE IF THERE'S ANYONE IN THE CHAMBERS WHO WOULD LIKE TO SPEAK ON ITEM 4.2 ARE WEST 90TH STREET AND 35 W STUDY REPORT. ANYBODY IN THE CHAMBERS WISHING TO SPEAK ON THIS MR. SABLE ANYONE ON THE PHONE, MR. MAYOR? COUNCIL MEMBERS NO, WE'RE ON THE PHONE. LAST CALL FOR ANYBODY IN THE CHAMBERS. VERY GOOD. HELLO. MY NAME IS BRIAN CIVIC. I'LL SIGN IN AS I SPEAK. JUST A COUPLE OF QUESTIONS. THE AGE OF THE EXISTING BRIDGE AND MEDIA STREET ONE TWO WHAT IS THE AGE AS I HEARD YOUR QUESTION IF YOU JUST ASKED YOUR QUESTION WE'LL ANSWER THE QUESTIONS AFTER. OKAY. ALL RIGHT. AND SECONDLY, WE HAVE ACCOUNTS OF PEDESTRIAN BICYCLE AND ROLLING TRAFFIC THROUGH THAT INTERSECTION. OKAY. THOSE WOULD BE THE TWO QUESTIONS THAT ARE HERE. OKAY. THANK YOU. ANYONE ELSE WISH TOPEAK AT A PUBLIC COMMENT PERIOD HERE? IF NOT COUNCIL I WILL CLOSE THE PUBLIC COMMENT PERIOD AT THIS TIME AND I'M CONFIDENT HAVE THE ANSWERS TO YOUR QUESTIONS ARE THE AGE OF THE CURRENT BRIDGE AND THE THE THE COUNTS FOR NON-MOTORIZED SO THE PEDESTRIANS THE BICYCLISTS THE ROLLERBLADES, THE SKATEBOARDERS SCOOTERS ETC. ETC. YES I DON'T HAVE AN OFFHAND WHAT THE AGE OF THE BRIDGE IS BUT I DID DO A RECENT ASSESSMENT AND THERE ASSESSMENT WAS THAT IT HAD 20 YEARS OF LIFE TO THE EXISTING BRIDGE BEFORE WOULD HAVE TO BE REHABILITATED BUT WE CAN MAKE SURE TO ADD THAT TO REPORT THE OTHER THING IS WE DO HAVE PEDESTRIAN AND BICYCLIST COUNTS AT ALL OF THE INTERSECTIONS AT LEAST ALL THE SIGNALIZED INTERSECTIONS THE CORRIDOR PROVIDING THOSE PEDESTRIANS, THE NUMBER OF PEDESTRIANS AND BICYCLISTS BUT I DO NOT KNOW WHAT THOSE OFFHAND ENCOUNTER ARE. I'LL JUST ADD TO THAT THE LAST TIME THAT WE ACTUALLY COUNTED PEDESTRIANS THE 98 STREET BRIDGE WAS ABOUT 300 OR MORE PODESTA AND BICYCLISTS ACROSS THAT BRIDGE DAY THAT'S ONE OF THE HIGHER LOCATIONS IN THE CITY IN TERMS OF PEDESTRIANS AND BICYCLISTS FOR REFERENCE THE NORMAN DALE LAKE DISTRICT WE HAVE ALL THE RECREATIONAL USE AROUND THE LAKE THAT'S ABOUT 900 PEDESTRIANS A DAY ON THAT ONE. SO THIS IS ONE OF TWO VERY HIGH PEDESTRIAN AREAS OF THE CITY THE OTHER BEING THE AREA OF AROUND AMERICAN BOULEVARD IN CHICAGO AREA WHERE WE HAVE PEDESTRIANS IN THE HUNDREDS AS WELL. THANK YOU. WELL COUNCIL OUR ACTION TONIGHT IS BASICALLY TO THIS REPORT IF WE IF WE DEEM IT TO BE ACCEPTABLE WHAT I LIKE ABOUT IT HEARING A LOT OF THINGS OF ALL THE THE UNDERSTANDING AND I THINK COUNCILMEMBER DALLESSANDRO KIND OF MENTIONED THIS TOUCHED ON THIS THAT THE NEED TO MAINTAIN THE TRAFFIC MOBILITY BUT AT THE SAME TIME TO BALANCE THE NEEDS OF THE BICYCLISTS THE PEDESTRIANS AND SO ON THAT WE'VE GOT TO FIND A HAPPIER BECAUSE RIGHT NOW WE DON'T HAVE A HAPPY MEDIUM AND SO I'M GLAD SEE SOME OF THE SUGGESTED CHANGES WOULD PUSH US IN THAT DIRECTION AND THAT WOULD BE I THINK VERY VALUABLE E DELOPMENT AND REDEVELOPMENT WE'VE ALL WE'VE BEEN TALKING ABOUT THAT FOR A LONG WHILE IN THAT AREA AND I THINK THE I THINK IN A LOT OF WAYS THEY GO HAND IN HAND TO MAKE THAT A BIT OF A SOFTER LANDSCAPE BUT I THINK WOULD ENCOURAGE REDEVELOPMENT ESPECIALLY HOUSING AND OTHER POSSIBLE REDEVELOPMENT OPPORTUNITIES AND SO I'M EXCITED ABOUT THAT AND THE THING I THINK THAT I'M MOST EXCITED ABOUT MR. ROBERTS WAS YOUR COMMENTS ABOUT THE PARTNERSHIP THAT WE'VE DEVELOPED ON THIS AND HOW NOW THIS THIS BLOOMINGTON PLAN HAS BECOME THE PLAN OF OTHERS THAT THEY'RE AT THIS AND THEY UNDERSTAND THE NEED FOR THIS AND THE IMPORTANCE OF THIS AND THE QUALITY THE WORK THAT HAS BEEN DONE ON THIS AND THAT WE CAN THEY CAN TAKE PIECES OF IT AND MOVE FORWARD. AND I APPRECIATE BLOOMINGTON'S LEADERSHIP ON THAT, BUT I ALSO APPRECIATE THAT I APPRECIATE AND UNDERSTAND THAT WE CAN'T THIS ALONE AND IT NEEDS TO BE THAT PARTNERSHIP WITH THEIR FRIENDS THAT MINDAT AND THAT THE COUNTY AND THE MET COUNCIL AND EVERYWHERE ELSE IF WE'RE GOING TO ACCOMPLISH THIS AND SO APPRECIATE THE GOOD WORK THAT WENT INTO BUILDING THOSE AND CULTIVATING THE THE THE CONNECTIONSEEDE TO HAPPEN IN ORDER TO MAKE THIS A SUCCESS SO I THINK THIS IS THIS IS GOOD WORK. I THINK THAT IT WAS GOOD WORK THE FIRST TIME WE SAW IT AND I THINK IT'S IT'S GOOD WORK NOW SO COUNCIL ANY ADDITIONAL COMMENTS. COUNCILMEMBER LOWMAN THANK YOU MAYOR. I THINK YOU'VE QUITE ELOQUENT THE ONLY THING I WOULD ADD A COUPLE OF THINGS I WOULD ADD TO THIS IS THAT WHEN I'M COMING HOME FROM A TWINS GAME AND I TAKE THAT FREE RIGHT AFTER TWINS HAVE LOST, I'M GOING TO BE DISAPPOINTED THAT I'M GOING TO BE 10 SECONDS LATER TO MY HOUSE IF THAT'S GONE BUT I RECOGNIZE THAT FOR THOSE OTHER FANS THAT ARE STRUGGLING AND BIKING HOME AFTER THE GAME THAT MIGHT BE A BETTER EXPERIENCE FOR THEM. SO I'LL ACCEPT THAT. BUT IN ALL SERIOUSNESS I DO HOPE THAT WE LOOK THROUGH THAT CORRIDOR AND MAKE SURE THAT WE'RE LOOKING AT THE SUSTAINABILITY OF THAT ENTIRE CORRIDOR AND MAKING SURE THAT WE'RE KEEPING UP WITH WHAT NEEDS TO HAPPEN IN OUR PLANNING SO ANY OF THOSE THINGS THAT ARE THERE TO BE DONE AND THEN AS WE'RE DOING THAT WE'RE ALSO BEING CAREFUL FOR THOSE END UP LOSING LAND THAT IS A SIGNIFICANT SITUATION FOR THEM WE'VE HAD THAT HAPPEN JUST RECENTLY THAT MAKE A CORRIDOR SAFER AND I KNOW IT WAS NECESSARY BUT WE'RE JUST IF THERE'S ANY WAY TO AVOID THAT EVEN FOR ONE RESIDENT I'D LIKE TO MAKE SURE WE DO THAT. COUNCILMEMBER WOMAN OTHER COMMENTS COUNCIL IF NOT COUNCIL I WOULD LOOK FOR ACTION AND LOOK FOR THE MOTION WE HAVE. I, I GUESS IT'S NOT IN FRONT OF US BUT I LOOK FOR A MOTION THAT THE COUNCIL ACCEPT THE WEST 98TH STREET AT INTERSTATE 35 W TRAFFIC STUDY REPORT SO MOVED SO IN MOTION BY COUNCILMEMBER CARTER SENT TO MY COUNCILMEMBER TO ACCEPT WEST 98TH STREET AT INTERSTATE 35 W TRAFFIC STUDY REPORT ANY FURTHER COUNCIL DISCUSSION HEARING NONE ALL THOSE FAVOR PLEASE SIGNIFY BY SAYING I I OPPOSED MOTION CARRIES ZERO. THANK YOU I'M LOOKING TO THE NEXT STEPS HERE NOW AND SEEING HOWHIS KD OF PLAYSUT IN TERMS OF WHAT THE SHORT TERM THE MEANING THE MODERATE TERM AND THEN THE LONG TERM VISION STARTS TO TAKE SHAPE. SO THANK YOU. WELL THEN THAT CONCLUDES ITEM ON OUR AGENDA ARE HEARINGS, RESOLUTIONS AND ORDINANCES AND WILL MOVE US INTO OUR ORGANIZATIONAL BUSINESS AND WE'VE GOT TO UPDATE DISCUSSION ITEMS THAT WE'RE GOING TO TALK ABOUT. NO, NO SPECIFIC DECISIONS MORE DIRECTION ON THIS ONE IN PARTICULAR AND THEN JUST ON THE NEXT ONE, ITEM 5.1 IS AN UPDATE AND DISCUSSION ON THE CANNABIS LEGISLATIVE REALITIES NOW EMBRACING THE STATE OF MINNESOTA AND I THINK WE'VE GOT PETER ZUNIGA FROM OUR LEGAL STAFF AND CHRISTINA SCIPIONE FROM OUR CITY CLERK'S OFFICE TO LEAD US OUT THROUGH THIS. GOOD EVENING AND WELCOME. GOOD EVENING MAYOR AND COUNCIL IT'S NICE TO SEE YOU TONIGHT. WE ARE HERE FOR WHAT WILL PROBABLY BE THE FIRST OF MANY DIFFERENT DISCUSSIONS THAT WE HAVE IN RESPONSE TO THE CANNABIS LEGISLATION THAT WAS PASSED EARLIER THIS YEAR AT A STATE LEVEL TONIGHT WE WILL BE PROVIDING YOU WITH AN OVERVIEW A LEGISLATIVE SUMMARY OF THE PORTIONS OF THE LAW THAT MOST DIRECTLY AFFECT THE OF BLOOMINGTON, OUR OPERATIONS AND OUR POLICY DECISIONS MOVING FORWARD. WE'LL ALSO TALK ABOUT A TIMELINE FOR THE REGULATION PROCESS AND THOSE POLICY DECISIONS THEY SAID WE'LL BE BACK BEFORE YOU A COUPLE OF DIFFERENT TIMES AS WE REACTING TO THIS NEW LEGISLATION. SO KIND OF LAYING OUT WHAT THAT LOOKS LIKE AT A HIGH LEVEL AND THEN THERE ARE SOME ITEMS THIS EVENING THAT WE ARE SEEKG CNCIL DCUSSION AND DIRECTION AND THOSE POLICY ITEMS ARE CANNABIS USE IN PUBLIC PLACES LOWER POTENCY HEMP EDIBLES SALES BY LIQUOR STORES AND CANNABIS A CANNABIS LICENSE MORATORIUM. AND THEN OF COURSE THERE'S ALWAYS TIME FOR CITY COUNCIL QUESTIONS AND DIRECTIONS ON ANY OTHER TOPICS OR ITEMS THAT WE DIDN'T COVER THAT YOU'D LIKE TO MAKE SURE WE BRING BACK TO YOU WITH ADDITIONAL INFORMATION. SO TO START OFF WE'RE PART OF THE HUGE PART OF WHAT THIS LEGISLATION DID WAS CREATE AN OFFICE OF CANNABIS MANAGEMENT AND SO THIS IS THE NEW AGENCY THAT IS RESPONSIBLE FOR REGULATING CANNABIS WITHIN THE OF MINNESOTA AND IT IS GUIDED BY A CANNABIS ADVISORY THAT HAS 50 APPOINTED OR DESIGNATED INDIVIDUALS AND IT DOES INCLUDE A REPRESENTATIVE FROM THE LEGAL COMPONENTS MINNESOTA CITIES AND SO CITIES VIEWPOINTS ARE REPRESENTED ON THAT COUNCIL BUT WHEN YOU HEAR ME SPEAK TODAY, WHEN YOU HEAR ME TALK THE OCM THAT IS THAT STATEGENC THAT AS CANNABIS REGULATION MOVES FORWARD WE WILL BE WORKING CLOSELY IN OUR IN OUR REGULATION AND MANAGEMENT OF CANNABIS HERE IN BLOOMINGTON. THE LEGISLATION DID ALLOW FOR SOME LOCAL CONTROL OF CANNABIS SALES CITIES ARE ALLOWED TO ADOPT REASONABLE RESTRICTIONS ON THE TIME, PLACE AND MANNER OF THE OPERATIONS OF THE CANNABIS BUSINESS AND CITIES THOUGH CANNOT PROHIBIT THE POSSESSION AND TRANSFER TRANSPORTATION OR USE OF CANNABIS WITHINTS BORDERS AND CITIES ALSO HAVE THE ABILITY TO LIMIT NUMBER OF LICENSED RETAILERS TO NO FEWER THAN ONE REGISTRATION FOR EVERY 12,500 RESIDENTS. THANK YOU. THE NEW LEGISLATION ALLOWS POSSESSION OF CANNABIS LEGAL EFFECTIVE AUGUST 1ST OF THIS YEAR SO WE'RE 28 DAYS INTO AND THE LEGALIZATION OF POSSESSION OF AND THERE ARE SOME RESTRICTIONS ON THE AUNT OF PRODUCT A PERSON CAN CAN POSSESS AND THEN THERE ARE RESTRICTIONS ON YOU CAN POSSESS THE CANNABIS SO THINGS LIKE PUBLIC AND SCHOOL BUSSES, CHARTER SCHOOLS, STATE CORRECTIONAL FACILITIES PROCESS FEDERAL PROPERTY IF YOU'RE UNDER 21 OR IN A VEHICLE IF THE PACKAGE IS OPEN AND NOT IN TRUNK IN A AWAY FROM WHERE THE DRIVER IS IN THE PASSENGER IS SIMILAR CANNABIS USE BECAME LEGAL EFFECTIVE AUGUST 1ST OF 2023 AND AGAIN THERE ARE GULATIS ON WHERE CANNABIS USE IS NOT ALLOWED SO CANNABIS USE IS COVERED BY THE MINNESOTA CLEAN INDOOR AIR ACT AND SO IT IS REGULATED SIMILAR TO TOBACCO WHERE YOU CAN'T SMOKE THAT PRODUCT IN AREAS WHERE TOBACCO SMOKING IS NOT CURRENTLY ALLOWED BY THAT ACT YOU I SMOKED USED TOBACCO EXCUSE ME CANNABIS WHEN YOU'RE OPERATING A MOTOR VEHICLE IN SCHOOL BUSSES, CHARTER SCHOOLS, PUBLIC SCHOOLS, CORRECTIONAL FACILITIES IN A LOCATION WHERE THE SMOKE OR VAPOR MAY BE INHALED BY A MINOR ON FEDERAL PROPERTY OR IF YOU'RE UNDER 21 YEARS OLD AND THE CITIES IN ADDITION HAVE AUTHORITY TO PROHIBIT USE IN A PUBLIC PLACE. AND SO THAT'S ONE OF THE POLICY ITEMS THAT WE'LL BE LOCKING YOU THROUGH IN JUST A LITTLE BIT. MR. MILLER IF I CAN PAUSE FOR JUST A MOMENT. MR.. WHEN YOU GO BACK THERE THE THE BULLET UNDER PROHIBITED USE WHERE SMOKE OR VAPOR MAY BE INHALED BY A MINOR THERE IS NOT GOOD CLARIFICATION IN THE STATUTORY LANGUAGE ABOUT WHAT THAT MEANS CORRECT MAYOR AND CITY MANAGER FOR BOOBIE THAT IS CORRECT THAT IS THE THE WORDING IN THE LEGISLATION BUT IT DOESN'T GIVE US ANY FURTHER DIRECTION SO QUESTIONS ABOUT IF YOU'RE AT A STORE WHERE PEOPLE GO IN AND OUT IF THERE'S A CHILD GOING IN AND OUT OR YOU'RE NOT ALLOWED TO THEN IF THE IF A CHILD MIGHT BE THERE THOSE ARE THE KINDS OF THINGS THAT WE STILL NEED TO WORK THROUGH SOME OF THE CLARITY QUESTION SINCE THERE ISN'T A LOT OF CLARITY IN THE ITSELF. THANK YOU. COUNCILMEMBER NELSON YEAH THANK YOU. JUST TO CLARIFY THAT POINT, DOES THAT INCLUDE SOMEONE'S PERSONAL RESIDENCE IF THEY HAVE CHILDREN IN THEIR DIDN'T EVEN MAKE IT THROUGH THE PRESENTATION MAYOR COUNCILMEMBER NELSON AGAIN THAT IS PROBABLY VAGUE IF A CHILD IS WHAT THE STATUTE DOES ALLOW IS OR ACTUALLY WHAT THE STATUTE PROHIBITS THE CITY FROM REGULATING IS THE USE CANNABIS IN A PRIVATE RESIDENCE SO THERE'S THERE'S NO LANGUAGE WITHIN THE STATUTE THAT SAYS IF A CHILD IS PRESENT WITHIN THAT HOUSEHOLD THAT YOU CAN'T USE CANNABIS. SO AGAIN, THAT'S ANOTHER VAGUE OF THE STATUTE AS WELL . OKAY, ONWARD GROWING CANNABIS IS ALSO NOW LEGAL UNDER THE NEW STATUTE AND RESIDENTS ARE ALLOWED UPO EIGHT PLANTS. FOUR OF THOSE CAN BE MATURE PLANTS. IT IS DOES REQUIRE THAT THOSE PLANTS BE ENCLOSED IN A LOCKED SPACE AND NOT OPEN FOR PUBLIC VIEW. SO IT'S NOT LIKE AN IMPLANTED IN MY VEGETABLE GARDEN IN MY BACK YARD WITHOUT ANY SORT OF ADDITIONAL PROTECTION OR FENCING OR SCREENING FROM PUBLIC VIEW . ANOTHER PIECE OF THIS LEGISLATION ADDRESS POTENCY HEMP EDIBLE PRODUCTS WHICH WE KIND OF REFERRING TO IN OUR CODE BEFORE AS THE THC THE EDIBLES. SO THAT'S SOMETHING THAT WE HAD DISCUSSED. THAT'S NOT JTE RIGHT? SO THAT IS SOMETHING THAT OUR CURRENT CODE ADDRESSES BUT THIS NEW LEGISLATION MAKES CHANGES TO THE REGULATIONS FOR THOSE WHAT ARE NOW TERMED LOWER POTENCY HEMP EDIBLES AND SO THOSE PRODUCTS ARE STILL LEGAL REGULATION OF THOSE IS BEING MOVED TO THE DEPARTMENT OF HEALTH BUT WERE EVENTUALLY BE LICENSED BY OCA SO THE DEPARTMENT OF HEALTH HAS KIND OF AN INTERIM STOP BEFORE OCA GETS UP AND RUNNING AND STARTS ISSUING THOSE LICENSES SO THE WAY IT WORKS IS EXISTING RETAILERS NEED TO REGISTER WITH THE STATE BY OCTOBER 1ST ,2023 AND THERE ARE ADDITIONAL STANDARDS FOR THOSE RETAILERS REGARDING TESTING, LABELING, SERVING SIZES, SALES AND ACTUALLY A LOT OF THE SALES PROVISIONS KIND OF MIRROR CITIES HAD DONE TO ENSURE THAT THEY WERE NOT ACCESSIBLE TO MINORS. AND SO A LOT OF THAT IS CONSISTENT WITH WHAT WE CURRENTLY HAVE IN OUR CODE AND WE DISCUSSED LAST YEAR A BIG IS THAT SALES ARE NOW ALLOWED AT EXCLUSIVE LIQUOR STORES AND SO UNDER THE PREVIOUS LEGISLATION EXCLUSIVE LIQUOR STORES WERE NOT ALLOWED TO SELL THESE PRODUCTS. IT WASN'T ON THE LIST OF ITEMS THATHEY COULD SELL THAT HAS BEEN UPDATED. SO EXCLUSIVE LIQUOR STORES CAN NOW SELL THESE LOWER POTENCY HEMP EDIBLE PRODUCTS CITIES CAN CONTINUE LICENSING THESE PRODUCTS UNTIL THE OFFICE OF CANNABIS MANAGEMENT BEGINS LICENSING. SO WE ARE PLANNING TO CONTINUE ON WITH OUR LICENSING PROGRAM SO WE KNOW WHERE THEY ARE. WE CAN MAKE SURE THEY KNOW THEY NEED TO REGISTER THE STATE THEY'RE STILL BEING BACKGROUNDED AND THEN AT THE POINT WHERE THE STATE TAKES OVER THAT LICENSING THE CITY CAN NO LONGER THOSE SO RELATED TO THAT POINT AND KIND OF THAT THIS QUESTION AND A BIGGER QUESTION SO WHEN WILL OCM BEGIN LICENSING AND WHERE IS OCM IN TERMS OF JUST BEING UP RUNNING? I HAVE A SLIDE FOR THAT. OH GOOD. COMING UP, MARY, THANK YOU VERY MUCH SO LICENSING PIECE IS QUITE COMPLEX, RIGHT? IT'S A HUNDRED AND 20 PAGE BILL. YES . SO THERE'S 16 DIFFERENT LICENSE TYPES THAT OCM WILL BE GET ADMINISTERING AND IT GOES EVERYWHERE FROM THE SEED ALL THE WAY TO SMOKE KIND OF IT'S A IT'S A FULL SCALE LICENSING PROGRAM WHERE THEY'VE GOT THE CULTIVATORS, THE MANUFACTURERS THE TRANSPORTERS, TESTERS, WHOLESALERS, RETAILERS AND SO CITIES HAVE A ROLE IN LICENSING THE RETAIL SALE OF OF ALL THOSE DIFFERENT LICENSING TYPES. AND SO FOR THOSE RETAIL SALE PORTIONS WHAT HAPPENS IS THE CANNABIS BUSINESS IS GOING TO APPLY WITH OCM OCM THE CITY TO SEE IF THE BUSINESS MEETS OUR ZONING CODE REQUIREMENTS IF WE HAVE ANY SORT OF LIMITATION ON THE NUMBER AND YOU JUST MAKE SURE THAT IT MEETS OUR CITY CODE FOR BUILDING AND ZONING AND AND THEY REVIEW THE APPLICATION THE STATE CONDUCTS THE INVESTIGATION, THEY ISSUE THE LICENSE OCM DOES THEN THE CANNABIS BUSINESS IS REQUIRED TO REGISTER WITH THE CITY SO THE CITY THEN PROVIDES REGISTRATION TO THAT CANNABIS BUSINESS. THE CITY CONDUCTS THE COMPLIANCE CHECKS AND HAS THE ABILITY TO SUSPEND REGISTRATIONS FOR VLATIONS OF STATE STATUTE OR CITY CODE . CITIES ALSO CAN COLLECT REGISTRATION FEES AND THEN RECEIVE TAX REVENUE. SO HERE WE COME OVER. HERE IS THE TIMELINE FOR THE OFFICE OF CANNABIS MANAGEMENT. SO IN SEPTEMBER SO COMING UP NEXT MONTH WE ANTICIPATE THAT A DIRECTOR APPOINTMENT WILL BE MADE AND THEN IN FALL 2023 THE RULEMAKING PROCESS START AND SO A LOT OF THE PIECES OF THIS BILL WE'RE KIND OF WAITING TO SEE WHAT THEN THE RULEMAKING LOOKS LIKE AND WHAT THE DETAILS OF HOW THOSE LAWS ARE GOING TO BE ENACTED. AND SO WE'LL START KIND OF GETTING A PEEK AT THIS FALL EXCUSE ME 2020 FOR THE OFFICE OF CANNABIS MANAGEMENT CONTINUE PLANS TO CONTINUE RULEMAKING HIRING RAMPING UP THEIR STAFF CREATING A LICENSING SYSTEM PREPARING THAT TESTING THAT AND THE OFFICE OF CANNABIS MANAGEMENT HAS SHARED THEY PLAN TO ARE PREPARED TO BE READY IN EARLY 2025 FOR ACCEPTING LICENSE APPLICATIONS AND THEN ISSUING THOSE LICENSES. SO WE HAVE SOME TIME BEFORE WE'RE GOING TO SEE LICENSES ISSUED IN THE STATE MOST LIKELY GIVEN THE THE TIMING THAT THE OFFICE CANNABIS MANAGEMENT IS SHARING WITH CITIZEN AND THE PUBLIC AT THIS POINT IN TIME SO THAT BRINGS US THE POLICY DIRECTION FOR THIS CITY HERE IN BLOOMINGTON . SO WE HAVE SOME CONSIDERATION FOR THE CITY COUNCIL EVENING AND WE'LL DOVE INTO THESE A LITTLE B MOREUT AIN THAT'S SMOKING AND PARKS AND PUBLIC PLACES LOWER POTENCY HEMP EDIBLES, SALES IN LIQUOR STORES AND A CANNABIS SALES MORATORIUM IN EARLY 2024 WE EXPECT TO COME BACK TO THE CITY COUNCIL WITH ZONING REGULATIONS THINGS LIKE RETAILERS, MANUFACTURERS AND GROWERS LICENSING AND REGISTRATION REGULATIONS, THINGS LIKE FEARS LIMITS ON THE NUMBER OF LICENSES WE WANT TO ISSUE. AND SO BEHIND THE SCENES WHAT STAFF ARE DOING WE'RE HAVING THESE MULTI-DAY MENTAL ETINGS WHEREE'RE SHARING INFORMATION BECAUSE THIS IS A LARGE PIECE OF LEGISLATION WE WANT TO MAKE SURE WE HAVE STAFF HAVE A GOOD HANDLE ON AND ALL THE DIFFERENT PIECES SO THAT WE CAN COME TO COUNCIL IN EARLY 2024 WITH DIFFERENT DIFFERENT CHUNKS OF IT IF WILL FOR YOUR CONSIDERATION AND POLICY DECISIONS ON SOME OF THOSE MUCH LARGER ISSUES AND SOME OF THOSE ISSUES WHERE WE'RE WAITING FOR RULEMAKING TO HAPPEN. SO WE HAVE AN IDEA OF KIND OF WHERE THE STATE IS HEADED. THERE ARE ALSO INTERNAL PROCESSES THAT WE ARE WORKING ON THINGS TRACKING OUR EXPENSES RELATED TO CANNABIS REGULATION, MAKING SURE WE HAVE INTERDEPARTMENTAL COURT COORDINATION FOR LIKE VIOLATIONS COMPLAINTS CONCERNS AND THEN EXPUNGEMENTS IS PART OF THIS LEGISLATION THAT OUR LEGAL HAS BEEN WORKING QUITE A BIT ON WITH THE POLICE DEPARTMENT AS FAR AS HOW WE HANDLE THOSE EXPUNGEMENT REQUIREMENTS. SO THE FIRST ITEM WE HAVE FOR CITY COUNCIL TO DISCUSS THIS EVENING IS THIS CANNABIS IN PUBLIC PLACES. SO UNDER THIS LEGISLATION CANNABIS CANNOT BE PROHIBITED IN A PRIVATE RESIDENCE INCLING, A YARD PRIVATE PROPERTY NOT GENERALLY ACCESSIBLE BY THE PUBLIC UNLESS THE OWNER OF THAT PROPERTY PROHIBITS IT AND THEN EVENTS LICENSE TO PERMIT ONSITE CONSUMPTION THE MINNESOTA CLEAN INDOOR AIR ACT DOES APPLY TO SMOKING CANNABIS AND CITIES HAVE THE AUTHORITY TO PROHIBIT THE USE IN PUBLIC PLACES SUCH AS CITY PROPERTY, PARKS, TRAILS AND RIGHTS OF WAY. SO WE TOOK A LOOK RIGHT WHEN WE WEREALKING ABOUT SMOKING CANNABIS. OUR FIRST THOUGHT IS LET'S TAKE A LOOK AT HOW WE REGULATE SMOKING TOBACCO WITHIN THE CITY AND SO CURRENTLY CITY CODE PROHIBIT SMOKING TOBACCO IN OUTDOOR AREAS OF BARS AND RESTAURANTS EXCEPT THAT HALF OF OUTDOOR AIR UP TO HALF OF THE OUTDOOR AREA CAN BE A DESIGNATED SECTION AND THEN IT PROHIBITS IT WITHIN 25 FEET OF PUBLIC PLACES AND PLACES OF WORK IN ADDITION IT PROHIBITS TOBACCO PRODUCT USE AND ANY CITY BEACH AREAS POOLS, ATHLETIC FIELDS INCLUDINGTHE SPECTATOR AREAS, GOLF COURSES, PARKS, CONSERVATION AREAS, WALKING AND BIKING TRAILS AND THEN ANY CULTURAL EVENTS ARE ON CITY PROPERTY. SO THE POLICY TONIGHT IS DOES THE CITY WANT TO ENACT ANY ANY PROHIBITIONS ON CANNABIS USE OR SMOKING IN PUBLIC? WE HAVE A FEW OPTIONS, RIGHT? WE CAN FOLLOW THE MINNESOTA CLEAN INDOOR AIR ACT AND ENACT NO ADDITIONAL PROHIBITIONS WITHIN THE CITY OF BLOOMINGTON WE CAN ACT PROHIBITIONS CONSISTENT WITH TOBACCO USE AND TOBACCO SMOKING WITHIN WITHIN THE AREAS THAT WE JUST OUTLINED. WE COULD ALSO CREATE A SEPARATE DEFINITION OF A PUBLIC SPACE SPECIFIC TO CANNABIS SMOKING OR USE SO IF WE WANTED TO ADD THINGS LIKE CITY STREETS, SIDEWALKS, ANY OTHER ANYTHING THAT ISN'T ON THE PREVIOUS LIST WE CAN WE CAN DO THAT AS WELL AND DEFINE PUBLIC PLACE A LITTLE MORE BROADLY THAN IS CURRENTLY DEFINE FOROBACCO. OKAY. THE NEXT POLICY IN FRONT OF CITY COUNCIL THIS EVENING IS REGARDING THOSE LOWER POTENCY HEMP EDIBLES SALES IN LIQUOR STORES. AND SO AS I MENTIONED WHEN WE LOOKED AT THIS ISSUE LAST YEAR THE LIQUOR STORES WERE NOT ALLOWED TO SELL THESE PRODUCTS. IT WASN'T ON THE LIST OF APPROVED PRODUCTS. NOW WITH THIS NEW LEGISLATION ,LIQUOR STORES COULD SELL THESE LOWER POTENCY HEMP EDIBLES BUT IT REQUIRES AN UPDATE TO OUR CITY CODE BECAUSE OUR CITY CODE DOES NOT INCLUDE THAT ALLOWANCE WITHIN IT. THERE IS A SETBACK ISSUE KIND OF AN INCONSISTENCY I SHOULD SAY BETWEEN OUR THC LOWER POTENCY HEMP EDIBLES SALES IS GOING TO SAY THC EDIBLES THAT'S INCORRECT AND OUR LIQUOR STORE SETBACKS OR LIQUOR SETBACKS ARE 300 FEET AND LOWER POTENCY EDIBLES SALES IS 500 FOOT SETBACK. SO THERE IS THE POTENTIAL THAT SOME OF LIQUOR STORES WOULD NOT BE ELIGIBLE TO SELL BECAUSE THEY DON'T MEET 500 FOOT SETBACK EVEN THOUGH THEY MEET THE 300 FOOT SETBACK. SO I WANTED TO SHARE THAT WITH COUNSEL. MAKE SURE YOU'RE AWARE OF THAT . SO THE POLICY DECISION HERE IS WHETHER OR NOT THE CITY COUNCIL WOULD LIKE TO ALLOW LIQUOR STORES TO SELL THE LOWER POTENCY HEMP EDIBLE PRODUCTS. WE HAVE A FEW OPTIONS WE CAN LEAVE OUR CODE ALONE AND NOT ALLOW EXCLUSIVE LIQUOR STORES TO SELL THOSE PRODUCTS. WE CAN ALLOW THE SALES BY LIQUOR AND KEEP THE 500 FOOT SETBACK FROM SCHOOLS THAT AND THAT MEANS THAT SOME OF OUR LIQUOR STORES MAY NOT ELIGIBLE TO SELL THOSE PRODUCTS. WE COULD MODIFY THE SETBACK FOR THE LOWER POTENCY HEMP EDIBLES SO THAT IT IS CONSISTENT WITH OUR EXISTING LIQUOR STORE SETBACK OF 300 FEET OR WE COULD REMOVE THAT SETBACK IF WE SO CHOOSE. AND THEN THE LIQUOR STORES WOULD STILL BE BOUND BY THE 300 FOOT SETBACK TO THE LIQUOR STORE, BUT IT WOULD REMOVE THAT 500 FOOT REQUIREMENT FROM OUR CITY CODE FOR JUST THE THC EXCUSE ME LOWER POTENCY HEMP EDIBLE PRODUCTS AND THEN LAST ITEM ON THE LIST TODAY IS THE CANNABIS SALES MORATORIUM. SO THE NEW LEGISLATION ALLOWS CITY TO ADOPT MORATORIUM ON CANNABIS BUSINESSES UNTIL 2025 THAT MORATORIUM WOULD NOT APPLY TO THE LOWER POTENCY HEMP EDIBLE LICENSES THAT WE ALREADY HAVE EXISTING IN THE CITY. THE STATE EXPECTS THAT THEY'RE GOING BE READY TO START RECEIVING APPLICATIONS IN JANUARY OF 2025. THEY COULD DO SO EARLIER UNDER THE CURRENT LEGISLATION AND WE AS STAFF EXPECT TO HAVE OUR REGULATIONS IN PLACE BY JUNE OF 2024. SO IS A POTENTIAL RISK THAT THE STATE WOULD BEGIN LICENSING BEFORE THE CITY REGULATIONS ARE IN PLACE? IS IT VERY LIKELY? I'M NOT SURE ABOUT THAT BUT THERE IS A RISK THAT IF THE STATE GETS UP AND RUNNING FASTER THAN IT THINKS IT DOES FASTER THAN WE'VE KIND OF HEARD IT WILL THAT WE MIGHT NOT BE READY OUR REGULATIONS BY THE TIME THAT WE'RE ASKED TO START REVIEWING APPLICATIONS, TAKE REGISTER TAKING REGISTRATIONS HERE AT THE CITY AND SO IF WE WERE TO ENACT A MORATORIUM IT WOULD ALLOW US THROUGH THE END OF 2020 FOR TO ENSURE THAT OUR LICENSES OUR LICENSING PROCESS, OUR ZONING REGULATIONS THAT EVERYTHING IS IN PLACE HERE BEFORE THE STATE COULD START ASKING US TO REVIEW APPLICATIONS AND REGISTERING CANNABIS BUSINESSES. SO OUR CHOICES FOR THIS POLICY WE COULD ENACT A MORATORIUM. NOW THAT MORATORIUM CAN ALWAYS REMOVED EARLIER LET'S SAY WE'RE READY TO GO NEXT APRIL WE COULD CHOOSE REPEAL THAT MORATORIUM AND JUST WAIT FOR THE STATE TO BE READY COULD DEFER A DECISION UNTILEXT SPRINGEXT SMER. YOU KNOW IF IT LOOKING LIKE THE STATE'S GETTING READY BEFORE WE'RE READY WE COULD ENACT A MORATORIUM AT THAT TIME TO GIVE US THE TIME WE NEED TO MAKE SURE ALL OF OUR PROCESSES, PROCEDURES AND ORDINANCES ARE IN PLACE OR WE CAN JUST NOT TO ENACT ENACT A MORATORIUM . SO WITH THAT I KNOW WE WENT OVER A LOT OF INFORMATION AS A REMINDER, THESE ARE THREE POLICY ITEMS THAT WE'D LIKE YOU TO DISCUSS AND PROVIDE SOME DIRECTION ON THIS EVENING AND THEN WE'RE FOR ANY QUESTIONS THAT YOU MAY HAVE AS WELL. THANK YOU VERY MUCH COUNSEL. LET'S START WITH QUESTIONS AND THEN LET'S DOUBLE BACK TO THE THE DIFFERENT POLICY QUESTIONS ONE AT A TIME AND TAKE THOSE ONE AT A TIME. SO JUST GENERAL QUESTIONS THAT MIGHT HAVE. COUNCILMEMBER CARTER. THANK YOU, MAYOR. SO THE EXCLUSIVE LIQUOR STORES MINORS ARE STILL IN THOSE STORES, CORRECT? BECAUSE I THINK ABOUT TOTAL WINE OR UNITED. WHAT I MEAN IS PEOPLE CAN BRING THEIR CHILDREN INTO THE STORES. THEY JUST OBVIOUSLY CANNOT PURCHASE ALCOHOL AND IT'S MALE BEARING COUNCILMEMBER CARTER THAT IS MINORS ACCOMPANIED BY AN ADULT COULD WALK INTO THOSE STORES BUT IF A 16 YEAR OLD WERE GOING TO WALK INTO TOTAL LINE, THEY'RE NOT ALLOWED DO THAT. OKAY. SO IF WE WERE TO ALLOW THE LOWER EDIBLES TO BE SOLD IN THOSE STORES, COULD WE REGULATE WHERE THEY'RE LOCATED IN THOSE STORES. SO I THINK ABOUT TOBACCO PRODUCTS. I THINK THAT THERE ARE REGULATIONS ABOUT BEING BEHIND COUNTERS, THINGS LIKE THAT. ARE WE ALLOW T MIRROR IN COUNCILMEMBER CARTER SO THOSE THOSE REGULATIONS CURRENTLY EXIST IN OUR CODE AND THEY EXIST IN THE NEW STATUTES THAT WERE PASSED? OKAY. THANK YOU FOR THAT MATTER. OKAY. THAT WAS MY CLARIFYING QUESTION. I SPENT A LOT SO MY QUESTION SINCE I SEE THAT NICK IS BACK THERE SO I WILL ASK MY QUESTION WITH TO WE LOOK AT THAT CLEAN AIR ACT AND YOU KNOW KIND OF THE HISTORY IN TERMS OF HOW DEAL CAME TO BE AND WE LOOK AT CIGARET SMOKE AND THAT IMPACT THAT HAS THE GENERAL PUBLIC AND WE HAVE THE RESEARCH TO BACK THAT UP MY QUESTION WHEN WE LOOK AT YOU KNOW HEALTH THIS THIS TYPE OF SMOKING TYPE OF IMPACT YOU KNOW YOU KNOW THIS YOU KNOW SMOKING YOU KNOW THIS THIS TYPE OF PRODUCT HAVE IT'S DIFFERENT FROM CIGARETS IS IT THE SAME YOU KNOW IS IT MORE IMPACTFUL? IS IT LESS IMPACTFUL? I'M JUST CURIOUS WHAT ARE THAT WHAT ARE HEALTH IMPLICATIONS FOR THE GENERAL PUBLIC WHEN YOU LOOK AT WHAT WE'RE TRYING TO DO AROUND A SORT OF CLEAN AIR AS WE'RE TRYING TO DO IS TRY TO UNDERSTAND THAT MYRIAD COUNCILMEMBER LEWIN IT IS A VERY COMPLEX QUESTION CIGARETS OR COMMERCIAL TOBACCO ARE FAIRLY REGULATED AND SO THERE IS A FAIRLY WELL-ESTABLISHED SCIENTIFIC BASIS OF WHAT GOING INTO THE THING THAT IS BEING COMBUSTED AND THE BYPRODUCTS CURRENTLY THERE IS VERY LITTLE RESEARCH OUT THERE ON WHAT MAY BE IN A CANNABIS PRODUCT THAT COULD BE AND INHALED SOME OF THAT RESEARCH LOOKING AT USING THINGS LIKE BONGS PARTIES GENERATES SUBSTANTIALLY MORE PM 2.5 RELY SMA PARTILATE MATTERS IT'S ABOUT TWO AND A HALF TIMES MORE THAN A CIGARET JUST GIVEN SOME OF THE COMPLEXITIES OF THE COMBUSTION AND THE VARIABILITY SO WE SEE A THERE ARE A LITTLE OVER 60 BYPRODUCT OF THE CANNABIS COMBUSTION THAT ARE KNOWN TO CANCER SO WE SEE SOME OF THE SAME THINGS BUT I CAN'T PROVIDE YOU A LIST OF THE 300 SOMEWHAT CHEMICALS WE MIGHT SEE IN A COMMERCIAL TOBACCO PRODUCT FOR THIS. BUT THE THE BYPRODUCTS OF THE COMBUSTION WE WOULD HAVE SIMILAR CONCERNS FOR THANKS FOR THAT AND SINCE YOU'RE ALREADY HERE YOU KNOW AS WE'RE LOOKING AT THE THE THE THE HEMP PIECE AND WHERE IN TERMS OF A POLICY PERSPECTIVE IN TERMS OF I KNOW WE JUST GOT ON WORKING ON TRYING TO GET RID OF YOU KNOW FLAVORED TOBACCO YOU KNOW SHOULD I LOOK AT THAT HEMP IN TERMS OF THE SAME TYPE OF OF YOU KNOW, IN TERMS OF THE HEALTH RISKS TO YOUNG FOLKS YOU KNOW, WHAT ARE THE HEALTH RISKS IS WHAT I'M ASKING YOU KNOW AUND THAT A SHOUL BE CONCERNED ABOUT AS I LOOK AT THIS FROM A POLICY PERSPECTIVE, MR. MAYOR COUNCILMEMBER LOWMAN, THE PRIMARY HEALTH CONCERN THAT WE'VE BEEN SEEING ESPECIALLY IN YOUTH IS IS RELATED TO MORE OF THE OVERDOSE OR OVERUSE OR MULTIPLE PRODUCT. AND SO WHEN YOU LOOK AT THE PEDIATRIC OR YOUNG ADULT ISSUES, MOST OF IT DEALS WITH THE OVER USAGE OF A PRODUCT OR MULTIPLE COMPONENTS HAPPENING . UM THAT DOES CARRY THE PRODUCT . WE'RE NOT WE DON'T HAVE AS MUCH DATA WE HAVE ON SOME OF THE OTHER CANNABIS PRODUCTS FROM A BUT WHAT IT DOES FOR POTENTIAL ADDICTION PATHWAYS OR OTHER THINGS LIKE THAT. SO WHAT WE'VE SEEN MOSTLY IS IS ABOUT OVER USAGE. COUNCILMEMBER DALLESSANDRO THANK YOU SIR. I APOLOGIZE. DID YOU ASK FOR GENERAL QUESTIONS AND THEN SPECIFIC QUESTIONS? YES, GENERAL QUESTIO AND THEN WE CAN GET INTO THE SPECIFIC QUESTIONS ABOUT THE POLICY QUESTIONS AS WE AS. OKAY. SO YOU CAN TELL ME TO TABLE THIS ONE IF IT QUALIFIES AS THE LATTER BUT I HAD A SPECIFIC QUESTION ABOUT POLICING OR MEANING AND IT PROBABLY ISN'T RELATED TO ANY ONE OF THESE THINGS BUT MAYBE FOR THE PUBLIC THAT'S GOT MORE OF A GENERAL IDEA. OKAY GREAT. THANK YOU SO I'VE BEEN I'M KIND OF CURIOUS AS TO WHETHER OR NOT ARE ARE POLICE LEADERSHIP HAS WEIGHED IN ON ON WHAT THEY WOULD RECOMMEND IN THESE CIRCUMSTANCES. I HAD A CHANCE TO TALK TO A COUPLE OF FOLKS IN MY RIGHT ALONG THE LAST FRIDAY AND IT WAS JUST AN INTERESTING CONVERSATION ABOUT THE THE BLACK AND WHITE NATURE OF FOR EXAMPLE AND AGAIN THIS IS MIGHT BE GETTING INTO THE SPECIFICS HERE. FOR EXAMPLE IF WE JUST SAY IT'S NOT PROHIBITED IN PUBLIC PLACES MAKES OUR LIFE REALLY REALLY EASY. RIGHT. IF WE SAY THAT THAT GIVE IT A LITTLE BIT MORE LEEWAY, WE MAKE IT A LITTLE HARDER FOR THE ENFORCEMENT. THE OTHER QUESTION THAT I HAVE IS AROUND YOU WHAT WE'RE DOING RIGHT NOW TO ENFORCE THE ABILITY FOR OR THE INABILITY FOR MINORS TO GET AT THE I'M TO CALL IT BECAUSE THAT'S AN ACRONYM THAT I LIKE BECAUSE I DON'T WANT TO KEEP MAKING YOU SAY THAT. AND SO YOU KNOW WHAT I UNDERSTAND THAT THERE YOU KNOW, WE WE MAY ALREADY HAVE SOME CHALLENGES IN ENFORCEMENT THERE ANDT AND SO TOE I'M JUST KIND OF CURIOUS, YOU KNOW WHERE WHERE'S THE POLICE DEPARTMENT IN WEIGHING IN ON WHAT THEIR RECOMMENDATIONS US ARE. IF YOU HAVE ANY MAYOR AND COUNCIL MEMBER DALLESSANDRO POLICE DEPARTMENT HAS BEEN INVOLVED IN OUR CONVERSATION TO DATE ABOUT SOME OF THESE POLICY DISCUSSIONS AND AND HOW IT IMPACTS THEIR AND I WOULD SAY THAT THE MESSAGE WE'VE RECEIVED FROM POLICE IS THAT CONSISTENCY IS HELPFUL. YOU KNOW IF WE'RE TREATING SMOKING SIMILAR TO SMOKING NNABISHAT MAKES I EASIER FOR THE POLICE DEPARTMENT TO TO ENFORCE THOSE REGULATIONS AND. YOU SEE SOMEONE SMOKING IN A CITY PARK IT'S EASY ENOUGH TO SAY THAT'S NOT ALLOWED VERSUS TRYING TO FIGURE OUT ARE THEY USING TOBACCO OR ARE THEY USING CANNABIS. AND SO THE CONSISTENCY PIECE IT IS HELPFUL. IT'S ALSO YOU KNOW, THE THE MORE THAT WE PROHIBIT IT IN DIFFERENT PLACES OUTSIDE OF SMOKING TOBACCO THEN I THINK YOU'RE YOU'RE CORRECT THE MORE DIFFICULT THAT MAKES IT TO ENFORCE AND YOU KNOW IF YOU SEE SOMEONE SMOKING ACROSS THE STREET YOU GOT TO GET CLOSE TO SEE WHAT IS IT THAT THEY'RE SMOKING PARTICULARLY AND INVESTIGATE THAT AND IT COULD LEAD TO, YOU KNOW, JUST UNEVEN ENFORCEMENT ISSUES WITH ENFORCEMENT WHEN IT'S INCONSISTENT WITH OUR TOBACCO SMOKING REGULATIONS. COUNCILMEMBER THANK YOU, MAYOR CAN YOU EXPLAIN WHAT THE DIFFERENCES BETWEEN OUR TOBACCO ALCOHOL USE ORDINANCES? BUT THERE IS A HUGE DIFFERENCE BETWEEN THE TWO. MAYOR COUNCILMEMBER WE DO HAVE DIFFERENCESN OUR TOBAC AND ALCOHOL ORDINANCES FOR EXAMPLE WE DO ALLOW ALCOHOL USE WITHIN THE PARKS UNDER CERTAIN CIRCUMSTANCES AND WITHIN CERTAIN AREAS WHEREAS DON'T ALLOW THAT USE WITH TOBACCO, TOBACCO PRODUCTS OR SMOKING. THERE ARE SOME STATUTES THAT GENERALLY DICTATE WHERE YOU ARE ALLOWED TO CONSUME ALCOHOL AND NOT CONSUME ALCOHOL. BUT THERE ARE SOME THERE ARE SOME DIFFERENCES ALCOHOL CONSUMPTION WHERE YOU CAN DO THAT WITHIN CITY PROPERTY VERSUS TOBACCO KIND OF CARVE OUTS IN THE ADDITIONALOR ALCOHOL UNDER CERTAIN CIRCUMSTANCES AND I THINK I'M THINKING MORE OF LIKE WALKING DOWN THE STREET DRINKING A BEER VERSUS WALKING DOWN THE STREET SMOKING A CIGARET. IS THERE A BIG DIFFERENCE BETWEEN THOSE TWO? YES. COUNCILMEMBER THERE IS A DIFFERENCE. THAT'S ONE OF THE GENERAL QUESTIONS. COUNCILMEMBER NELSON. YEAH, I'M TWO QUICK GENERAL QUESTIONS. ONE SO IF I UNDERSTAND CORRECTLY YOU LEGALLY POSSESS MARIJUANA BUT WITH MAYBE ONE OR TWO EXCEPTIONS YOU CAN'T LEGALLY BUY IT ANYWHERE THAT ACCURATE. MAYOR AND COUNCIL MEMBER NELSON THAT IS CORRECT. MAKES TOTAL SENSE TO ME. I CONFUSE IT AND THEN MY SECOND QUESTION IS SO WE TALKED ABOUT YOU KNOW, SMOKING MARIJUANA BUT IT COMES IN ALL SORTS OF DIFFERENT FORMS. WHAT ABOUT THOSE THINGS AND YOU KNOW, EDIBLES I THINK THERE'S OILS ON ALL TTUFF BUT HOW ARE HOW ARE YOU PROPOSING OR THINKING THAT WE SHOULD BE HANDLING THOSE IN TERMS OF THESE ALSO IN TERMS OF THESE POLICY QUESTIONS? SO MAYOR COUNCIL MEMBER NELSON'S STAFF HAS HAD SOME DISCUSSIONS ABOUT OTHER THAN THE USE OTHER THAN SMOKING. AND FROM JUST A PRACTICAL STANDPOINT TRYING TO FIGURE OUT IS SOMEONE EATING GUMMY WORMS AT A PLAYGROUND OR A DIFFERENT AT A PLAYGROUND MIGHT BE DIFFICULT RIGHT TO KIND OF MANAGE AND HOW WE HOW WE ACTUALLY WOULD ENFORCE SOMETHING OTHER THAN SMOKING THERE'S ALSO KIND OF THE POLICY DECISION IS IS THAT AN IMPACT WITHIN THAT PARK IF SOMEONE IS HAVING SOME THC HAS SOME CPR IS ARE LOWER POTENCY PRODUCTS. THANK YOU. LP I CAN'T READ OWN HANDWRITING PRODUCTS WITHIN A PARK VERSUS SMOKING CREATING YOU KNOW SECONDHAND SMOKE FOR OTHERS WHO ARE ENJOYING THAT PARK. AND SO WE'VE HAD THAT DISCSIONOTH ON AN ENFORCEMENT SIDE OF HOW DO WE HOW WOULD WE LOGISTICALLY ENFORCE JUST PROHIBITIONS ON USE ENTIRELY VERSUS THE SMOKING PIECES OF I THINK IT'S A LITTLE BIT MORE CUT AND DRY WITHIN OUR PARKS AND WITHIN OTHER PUBLIC PLACES. IF I MIGHT JUST ONE QUICK OTHER QUESTION. WHAT ABOUT THE THE DRINKS THE THC DRINKS ARE THOSE ALLOWED IN PARKS IF YOU CAN HAVE A BEER, CAN YOU HAVE A THC DRINK, A L POTCY BEER VARIANT COUNCILMEMBER NELSON I MEAN CURRENTLY YES, YOU COULD THAT IS A AGAIN A POLICY DECISION FOR THE CITY IS IF THE COUNCIL WISHES TO USE OF THOSE LOWER POTENCY AND CANNABIS PRODUCTS PARKS ALTOGETHER OR IF THEY WOULD PREFER TO FOCUS ON THE PIECE OF IT AND THE USE AND COUNCIL MAYBE LET'S STAND AND LET'S DOUBLE BACK AND GET BACK TO THE SPECIFIC QUESTIONS THAT WERE BEFORE US ON. CAN YOU BACK SLIDES UP SO WE CAN GO? LET'S START WITH THE LET'S DO THEM IN ORDER. I THINK WE STARTED WITH CANNABIS IN PUBLIC PLACES AND I THINK THE THE OPTIONS THE POSSIBILITIES WERE TO FOLLOW MINNESOTA CLEAN INDOOR AIR ACT SO NO ADDITIONAL PROHIBITIONS TO ENACT PROHIBITIONS CONSISTENT WITH OUR TOBACCO PROHIBITIONS OR TO CREATE A SEPARATE DEFINITION OF PUBLIC PLACE SPECIFIC TO CANNABIS SMOKING OR USE FOR A COUPLE OF THINGS TT PPLEAVE ALREADY BROUGHT UP, I THINK IT'S IT MIGHT MAKE MORE SENSE TO ENACT OUR PROHIBITIONS CONSISTENT WITH THE TOBACCO PROHIBITIONS THAT WE HAVE IN PLACE. I DO THINK IT WOULD BE EASIER FOR ENFORCEMENT? I THINK IT'S EASIER TO EXPLAIN TO PEOPLE AND AN UNDERSTANDING WITH FOLKS AND I THINK IT ALSO ONE THING THAT WE REALLY NEED TO MAKE SURE THAT WE ARE CAREFUL IS THIS NOTION OF UNEVEN ENFORCEMENT TO MAKE SURE THAT IF WE GET INTO ADDITIONAL SEPARATE DEFINITIONS OF PUBLIC PLACE AND THEY'RE THEY'RE MISUNDERSTOOD OR THEY'RE NOT UNDERSTOOD AS WELL OR IF THERE'S IF THERE'S JUST IF THERE'S ENFORCEMENT. AT ALL I THINK WE WE LEAVE OURSELVES OPEN TO PROBLEMS. SO I PERSONALLY THINK THAT THE THE PROHIBITIONS THAT WE HAVE IN PLACE WITH OUR TOBACCO PROHIBITIONS MIGHT BE THE WAY TO GO. FRANKLY, I THOUGHT THAT'S WHAT WE HAD ORIGINALLY. I THOUGHT I THOUGHT OUR ORDINANCE WAS WRITTEN AS SMOKING IN GENERAL BUT I THINK IT'S SPECIFIC TOBACCO USE AND SINCE CANNABIS IS A CONSIDERED TOBACCO IT DOESN'T NECESSARILY APPLY BUT I DO THINK THIS IS PROBABLY THE PATH OF LEAST SISTCE A IT GETS TO A LOT OF THE CONCERNS THAT WE HAVE AND I THINK COUNCILMEMBER LOWMAN, TO YOUR POINT IS THAT THE NOTION OF SECONDHAND SMOKE AS OPPOSED TO SOMEBODY EATING A GUMMY IT'S IT'S CERTAINLY IT'S IT'S A MIND ALTERING CHEMICAL THEN AGAIN SO IS THE BEER THAT THEY'RE DRINKING AND SO BUT AT LEAST THEN THEY'RE NOT IMPACTING OTHERS AROUND THEM THROUGH THE SMOKING. JUST MY THOUGHTS ON THAT ONE. COUNCILMEMBER DALLESSANDRO YEAH, I THINK THAT'S I THINK THAT'S RIGHT. THE COUNTERPOINT I'LL MAKE IS NOT MINE CAME FROM A CONVERSATION I HAD WITH A POLICE OFFICER WHO SAID SO IF YOU ARE TO COUNCILMEMBER IS WALKING DOWN THE SIDEWALK AND YOU'RE SMOKING A CIGARET THAT'S COMPLETELY ALLOWED EVEN THOUGH THAT'S TECHNICALLY A PUBLIC SPACE RIGHT. WHICH YOU CAN'T WALK DOWN WITH AN OPEN BEER BECAUSE IT'S AN INTOXICATING SUBSTANCE AND WE'VE REGULATED INTOXICATING SUBSTANCES IN IN CERTAIN PLACES DIFFERENTLY THAN TOBACCO AND SO TO ME THIS A LOT OF THIS HINGES ON WHETHER OR NOT WE DECIDE A GROUP WE'RE GOING TO TREAT CANNABIS AS AN INTOXICATING SUBSTANCE OR ARE WE GOING TO TAKE IT AS SOMETHING YOU SMOKE BECAUSE IF WE'RE CONSISTENT ABOUT IT BEING AN INTOXICATING SUBSTANCE THEN WE COULD APPLY THOSE REGULATIONS UNIFORMLY. SO THEN YOU KNOW IN ENFORCEMENT WE HAVE A VERY STRAIGHT, YOU KNOW, LINE IF YOU WILL SAME IF WE DO TOBACCO THE QUESTION BECOMES YOU KNOW HOW DO YOU HOW DO YOU YOU KNOW HOW DO YOU IMPACT THE ABILITY THEUBLIC INTOXICATION GETS HARD WHEN YOU'RE TALKING ABOUT SMOKING SOMETHING IF YOU DON'T HAVE A REGULATION THAT'S WITH SMOKING A CERTAIN THING IS PUBLIC INTOXICATION. AND SO I DON'T I DON'T KNOW WHAT TO TO OFFER THERE IN TERMS OF OF A SPECIFIC IN IN WELL MAYBE I DO I'M SAYING I THINK THAT LEANING TOWARDS IN OUR PUBLIC SPACES WHAT WE WHAT WE REGULATE FOR THE PURPOSES OF OF INTOXICATING SUBSTANCES MIGHT BE A BETTER LIKE UNIFORM ANSWER BUT I, I KNOW IF THAT'S TRUE BECAUSE YOU KNOW I'M NOT OBVIOUSLY A POLICE OFFICER. I'M NOT A LEGAL PROFESSIONAL SO I DON'T KNOW IF IF WE FEEL LIKE THAT WOULD GIVE US THE COVERAGE. WE FEEL LIKE WE NEED TO BE CONSISTENT. COUNCILMEMBER THE MAYOR AND I COMPLETELY AGREE WITH THAT POINT THAT WAS MY BIGGEST HANG UP IS MARIJUANA. THC IS AN INTOXICATING SUBSTANCE THAT IS NOT THE EXACT SAME AS TOBACCO AND SO MY TRAIN OF THOUGHT HAS TRENDED MORE TO THE ALCOHOL PORTION OF IT. RIGHT. SO WE CAN'T WALK DOWN THE STREET DRINKING A BEER. YOU CAN'T WALK DOWN THE STREET DRINKING A THC PRODUCT. SO I WOULD LEAN MORE TOWARDS THE INTOXICATION PORTION OF IT OF HOW WE REGULATE VERSUS JUST TREATING IT AS IT IS TOBACCO ALTHOUGH YOU KNOW IT OVERLAPS. RIGHT. IT'S NOT JUST AS SIMPLE AS TREATED AS TOBACCO OR TREATED AS ALCOHOL THAT THERE ISN'T OVERLAP. AND SO HAVING MORE OF THE INTOXICATION PART OF IT WOULD BE SOMETHING I'D BE MORE COMFORTABLE WITH. COUNCILMEMBER CARTER THANK YOU. MAYOR I THINK SO. I AGREE AND BUT FOR ME IT GOES BACK TO THE ENFORCEMENT PIECE AND I JUST I MEAN TO YOUR TO THE POINT YOU MADE IN YOUR COMMENT BEFORE AROUND YOUR CONVERSATION WITH POLICE OFFICERS AND UNEVEN ENFORCEMENT AND THEN JUST ISSUES THERE AND THE CONVERSATIONS THAT CITY HAVE HAD, IT JUST MAKES ME VERY CONCERNED IT WOULD GET WE WOULD GET IT TO A POINT WHERE IT'S SO OVERCOMPLICATED THAT IT WOULD BE IMPOSSIBLE TO ENFORCE. IF I MAY M MAY, AS A COMMENTARY COUNCILMEMBER CARTER, YOU MADE YOUR POINT. SO I WILL JUST ADD THAT I'M LEANING TOWARD ENACTING THE PROHIBITIONS CONSISTENT WITH THE TOBACCO PRIVATE PROHIBITIONS AGAIN IN PRINCIPLE TOTALLY AGREE BUT I JUST DON'T KNOW HOW YOU HOW THE ENFORCEMENT PIECE COULD WORK IN A WAY THAT IS CONSISTENT AND EQUITABLE. AND I THINK THAT THE PRIMARY CONCERN THAT I HAVE BE THE IMPACTS ON OTHER PEOPLE AND PRIMARILY, YOU KNOW, KIDS AND FAMILIES WHO ARE TRYING TO ENJOY THE PARKS OR THE BEACHES OR OUR TRAILS AND AND IT'S THAT SECOND HAND SMOKE EXPOSURE THAT IS THE BIGGEST CONCERN FOR ME. AGAIN, I HAVE BROADER CONCERNS. RIGHT, THAT I'M SURE THAT THERE WERE LOTS OF THAT WERE HAD AT THE STATE LEVEL THIS LAST LEGISLATIVE SESSION RELATED TO INTOXICATING SUBSTANCES AND PEOPLE USING THEM WHEN THEY LEGALIZED THC PRODUCTS. BUT FOR OUR PURPOSES HERE I THAT'S THE DIRECTION THAT I'M LEANING AND COUNCILMEMBER GARRETT COUNCILMEMBER DALLESSANDRO I REALIZE THEY HAVE CHECKED MYSELF, MR. MAYOR, BECAUSE YOU KNOW THERE'S ANOTHER I CAN I CAN MAKE WE CAN GO BACK AND FORTH ON THIS ARGUMENT ALL DAY BUT CAFFEINE AND TOBACCO ARE ALSO INTOXICATING SUBSTANCE. WE JUST APPROVE OF THEM BECAUSE THEY'RE UPPERS NOT DOWNERS. I MEAN LET'S BE HONEST. RIGHT. SO YOU KNOW, THERE'S PLENTY OF HEALTH CONCERNS WITH CAFFEINE, OVERT OVERUSE OF CAFFEINE, OVERUSE OF OF TOBACCO, ETC.. AND SO YOU KNOW, AGAIN, IT'S A QUESTION OF ENFORCEMENT BUT IT'S ALSO A QUESTION OF PUBLIC HEALTH. I THINK ONE OF THE SCENARIOS THAT ISN'T COVERED IN EITHER FOR EXAMPLE WOULD BE IF I'M ON THE IF I'M ON THE CORNER LET'S SAY I HAVE AN APARTMENT AND HAVE A GROUP OF PEOPLE OUT THERE AND THEY'RE COMPLETELY WITHIN THEIR RIGHT TO TO CONGREGATE AND WALK BY AND I'M LIKE HEY, CAN I HAVE A HIT OFF OF THAT? LIKE WHAT WE DO LIKE THAT PERSON IS 16 YEARS OLD AND YOU KNOW OR WHATEVER LIKE THAT BECOMES IN A LOT OF WAYS BECAUSE WE DON'T HAVE POTENTIALLY LIKE THE ABILITY TO PROVIDE SOMETHING THAT THE THAT PEOPLE CAN WORK WITH. AND SO I DON'T I DON'T MAYBE WE DON'T SOLVE FOR THAT EITHER WAY BUT IT YOU KNOW, IS JUST ONE OF THOSE KIND OF MIDDLE OUNDREAS CERTAINLY IF IF A POLICE OFFICER WAS DRIVING BY AND SAW A PUBLIC NOT A PUBLIC BUT EVEN IN A PRIVATE SPACE LIKE A COMMUNITY GATHERING AND A MINOR WAS HOLDING AN OPEN BEER, CAN THEY BE ABLE TO DO SOMETHING ABOUT IT? AND IN THIS CASE THEY MAY NOT BE ABLE TO DO SOMETHING ABOUT IT. THAT'S JUST THE THOUGHT I HAVE AS A COUNTERPOINT NEGATING EVERYTHING I JUST SAID EARLIER. SO THAT'S COUNCILMEMBER CARTER . SO I I IT IS ILLEGAL FOR THOSE WHO ARE UNDER 21 TO POSSESS AND SMOKE OR USE THC PRODUCTS ACCORDING TO STATE. SO THERE WOULD BE ENFORCEMENT ABILITY THERE IN THAT SITUATION. IF A POLICE OFFICER DROVE BY AND SAW A YOUTH USING MARIJUANA PRODUCTS LIKE THERE IT IS ILLEGAL FOR YOUTH TO USE THOSE PRODUCTS. SO MAYBE I'M MISUNDERSTANDING WHAT YOU'RE SAYING. NO YOU AREN'T. YOU KNOW, TAKING HIT OFF OF A OF A YOU KNOW OF MOKE KEEP CONTINUING TO WALK MAKES THAT TIMELINE REALLY UNENFORCEABLE . RIGHT. WELL SURE IN EXAMPLES LIKE THAT BUT IF THERE WERE A GROUP OF KIDS USING PRODUCTS. SURE. ABSOLUTELY. IF THEY WERE HANGING OUT AND CHILLIN IN ON THEIR THIRD OR WHATEVER LIKE SURE. YEAH. JUST LIKE IF IT SOMEBODY WAS WALKING DOWN THE STREET AND THERE WAS SOMEBODY HOLDING A DRINK AND THEY TOOK DRINK OF IT. I MEAN LIKE YES. AND NOT TO NOT TO BELABOR THE POINT BUT THE DIFFERENCE BETWEEN HOW HOW HIGH I MIGHT GET OFF OF ONE DRAG VERSUS HOW HIGH AM I GET OFF OF ONE SIP. THESE ARE WHERE WE GET THE WEIRD GRAY LINES LOT OF WEIRD VIOLENCE. MR. ZUNIGA DON'T WITH LET'S TRY YOU HAVE SOMETHING TO ADD. MAYOR COUNCILMEMBER DALLESSANDRO I WAS JUST GOING TO ADD NOT ONLY IS IT ILLEGAL FOR A MINOR TO USE IT AND POSSESS IT BUT IT'S ALSO LEGAL SOMEONE OVER THREE YEARS OLDER THAN A MINOR TO PROVIDE IT TO THE MINOR AS WELL. THANK YOU. COUNCILMEMBER LOWMAN. WELL, THIS QUITE THE DISCUSSION WITH THE CITY COUNCILMAN OF DALLAS ARGUING WITH YOURSELF. THAT'S QUITE THE QUITE THE QUITE THE EVENING SO IUESS YOU KNOW THE WAY I LOOK AT IT UNLESS WE WERE TO YOU KNOW, TAKE TOBACCO PRODUCTS AND THEN YOU KNOW, PUT THAT IN THE REALM OF ALCOHOL. I JUST DON'T KNOW HOW WE WOULD YOU KNOW AT THAT AS BEING AN INTOXICATING PIECE THAT I JUST DON'T KNOW. MM HMM. I DON'T KNOW. THAT WOULD PROBABLY MAKE US QUITE AN OUTLIER IF WE DID THAT TOO. AND SO I THINK SHORT OF ANYTHING ELSE, I THINK WE'RE KIND OF STUCK IN MY OPINION WITH THAT ENHANCE PROHIBITIONS CONSISTENT THE TOBACCO PROHIBITIONS THAT WE HAVE YOU KNOW WITH THIS ONE YOU KNOW UNLESS YOU KNOW I MEAN I CERTAINLY WOULDN'T HAVE A PROBLEM WITH BEING AN OUTLIER BUT I MEAN PRETTY EXTREME TO TAKE CIGARET SMOKE TO THAT THAT LEVEL OF OF OF ENFORCEMENT BUT IT WOULD MAKE IT CONSISTENT. SO BUT I MEAN I MAY BE ONE OF ONE OF SEVEN PEOPLE UP HERE WOULD BE INTERESTED IN DOING THAT SO I THINK WE'RE REALLY STUCK IN TH MIDE ONE COUNCILMEMBER NELSON I'M GOING TO BIND US ALL UP HERE OR YOU KNOW I WON'T MAKE EASY I, I IN GENERAL AGREE WITH THE TOBACCO MAKE GET AT THE SAME AS THAT JUST FOR ENFORCEABILITY I WILL BE CANDID AND I DON'T THINK WE CAN ADDRESS IT TONIGHT. I AM CONCERNED ABOUT THE GUMMIES AND THE I MEAN WE SPENT A LOT OF TIME DOING FLAVORED TOBACCO BECAUSE WE THOUGHT IT WAS A WAY FOR KIDS TO GET IT AND NOW APPARENTLY YOU CAN GET FLAVORED CANDIES THAT ARE INTOXICATING AND YEAH AND YOUNOW LIKE THAT'S JUST A WEIRD PLACE THAT WE'RE AT YOU KNOW IN MY MIND AS A CITY THE AND I DO HAVE CONCERNS ABOUT THAT BEING IN A PARK YOU KNOW I MEAN THAT FALLS OUT OF YOUR POCKET OR SOMETHING LIKE I MEAN IT'S NOT I MEAN YOU COULD HAVE A REALLY SMALL KID COMING UP AND GETTING THAT AND I DON'T THINK YOU'RE GOING TO HAVE A REAL SMALL KID COMING UP AND GRABBING A BEER OUT OF THE COOLER OPENING IT UP AND POUNDING IT BACK. YOU KNOW SO YOU KNOW THAT IS A CONCERN AGAIN I DON'T I'M NOT TRYING TO BIND ANYTHING HERE, MAYOR, AND I DON'T THINK IT'S SOMETHING WE NEED TO ADDRESS TONIGHT BUT IT IS AN ONGOING CONCERN IN TERMS OF THE DIFFERENCE OF HOW WE HANDLED FLAVORED TOBACCOS AND THE DIFFERENCE IN THE OPTIONS WE TO HANDLE FLAVORED PRODUCTS THAT ARE INTOXICATING. I WOULD AGREE WITH YOU. JUST ONE MOMENT, COUNCILMEMBER . I WOULD AGREE WITH YOU AND HONESTLY MY THOUGHT THAT THE GUMMIES AND THE HARD CANDY ARE GOING TO BE MORE PREVALENT THAN THE SMOKING BECAUSE I MEAN NOBODY LIKES TO SMOKE, RIGHT? I MEAN THAT'S IT'S IT'S OBVIOUS IT'S STINKY. IT'S BUT A GUMMY ISN'T ENTIRELY DIFFERENT THING. SO I THINK YOU'RE YOU'RE EXACTLY RIGHT IN TERMS OF ULTIMATELY WHAT THE USAGE IS GOING TO END UP BEING. COUNCILMEMBER CARTER, THANK BEER. I WILL SAY I WAS AT VALLEY FAIR ON FRIDAY AND I SMELLED MARIJUANA PRODUCTS TIMES SO SOME JUST SAYING SOME PEOPLE ARE DEFINITELY SMOKING IN OTHER PLACES. I'M JUST WONDERING FOR THIS ONE SPECIFICALLY AND MAYBE FOR OTHER TWO TO BUT OUR ADVISORY BOARD OHEAL HASPENT A LOT OF TIME ON OUR TOBACCO POLICY WORK AND OBVIOUSLY IS OUR ADVISORY BOARD OF HEALTH AND I'M WONDERING IF WE COULD GET THEM TO WEIGH IN ON THIS ONE ESPECIALLY BECAUSE I DO THINK I MEAN WE'RE ALL BRINGING UP VERY VALID POINTS AND BUT I THINK I'D INTERESTED TO KNOW WHAT THAT GROUP WOULD SAY AND WHAT DR. KELLY AND THE PUBLIC HEALTH TEAM WOULD RECOMMEND TO I'M ASSUMING THEY'VE BEEN PART OF THE CONVERSATIONS BUT AND I THINK THAT THAT'S PROBABLY A GOOD DIRECTION. I THINK JUST COUNTING NOSES HERE AND SEEING THE PROHIBITIONS CONSISTENT WITH THE TOBACCO PROHIBITIONS I THINK IS THE GROUP CONSENSUS HERE. BUT I AGREE THAT'S A GOOD POINT. OUR ADVISORY BOARD OF HEALTH SHOULD PROBABLY WEIGH IN ON ALL OF THE DISCUSSION WE'RE HAVING HERE AND ALL THE DIFFERENT POSSIBILITIES THAT WOULD BE HELPFUL. COUNCILMEMBER NELSON. YEAH, THANKS MAYOR. IF I MIGHT JUST SUGGEST THAT WE DO AS A TWO STEP PROCESS I THINK WE COULD PROBABLY MOVE THIS OF IT FORWARD AND THEN HAVE THEM FURTHER REVIEW THAT THAT WAS MY INTENTION YEAHND RIGHT NOW WE'RE BASICALLY GIVING STAFF DIRECTION TO WE'RE NOT VOTING ON ANYTHING HERE WE'RE GIVING STAFF DIRECTION AS TO HOW WORK TOWARD THIS THIS ORDINANCE. SO I THINK WE HAVE CLARITY ON THAT. THE NEXT POLICY QUESTION IS COUNCILMEMBER DALLESSANDRO JUST ONE OF THE THINGS THAT WASN'T IN THAT FIRST ONE WAS JUST WHETHER OR NOT WE HAVE THE OPPORTUNITY TO INCREASE ENFORCEMENT PENALTIES IF THAT'S POSSIBLE. I'M JUST WE HAVEN'T I DON'T KNOW IF SINCEY TE O COUNCIL WE'VE ADDRESSED WHETHER OR NOT MY BIGGEST CONCERN RELATED TO THE NOTION OF LIKE THE EDIBLES AND STUFF LIKE THAT IS THAT IF WE'RE NOT LITERALLY THESE RETAIL ESTABLISHMENTS EVERY DAY ALL THE TIME LIKE WATCHING THIS STUFF LIKE A HAWK, YOU KNOW, YOU'RE YOU'RE UP TO YOU'RE UP TO PEOPLE'S HONOR SYSTEM IF YOU WILL UNLESS WE CAN PROVIDE LIKE MORE MORE BOTH EDUCATION AND AND DIRECTION AS IT RELATES TO WHERE AND WHEN AND WHY AND ALL THAT KIND OF STUFF BUT THEN ALSO WE MAYBE INCREASE THE ENFORCEMENT ACTIONS AND I DON'T KNOW IF THERE WERE THAE COULD CHOOSE FROM THAT ARE WOULD NOT PUT US IN VIOLATION OF STATE LAW BUT I YOU KNOW I THINK THAT MIGHT BE VALID COUNCILMEMBER YOU'RE TALKING ENFORCEMENT ACTIONS FOR SALES OR FOR USE OF OR WHERE YOU USE IT BASICALLY IF SOMEBODY IS ON YOU KNOW IF SOMEBODY IS IN THE PARK CAN WE FIND THEM 500 BUCKS FOR IT OR YOU TALKING? YEAH I MEAN THAT'S THAT'S AN OPEN QUESTION RIGHT THERE. I KNOW WE'RE GETTING TO SALES FOR USE AS WELL. I JUST DON'T KNOW EVEN KNOW WHAT OUR PENALTIES ARE AND SHOULD REVISIT THOSE AND LOOK AT YOU KNOW MORE STRICT ENFORCEMENT, YOU KNOW, A BIGGER STICK I DON'T KNOW ANOTHER TO PUT IT. YEAH YEAH AND I DON'T KNOW I LOOK TO MR. ZUNIGA I DON'T KNOW IF IF THAT IS SOMETHING WE CAN DO LOCALLY OR IF THAT'S STRUCTURED BY THE STATE MAYOR COUNCILMEMBER DALLESSANDRO. THE STATUTE DOES LIMIT OUR ABILITY OF ENFORCEMENT AND FOR USE AND POSSESSION IS LIMITED TO A PETTY WHICH IS A FINE OF NOT MORE THAN $300. NO, BUT THAT'S A GOOD POINT AND I THINK THE CONTINUING CONVERSATION AND I'M GUESSING WE'RE ONE OF MANY, MANY CITIES WE'RE PROBABLY HAVING SE OF THE SAME CONVERSATIONS SO TO OUR NEXT DISCUSSION POINT ALLOW LIQUOR STORES TO SELL LOWER POTENCY HEMP EDIBLE PRODUCTS COMES FROM DALLESSANDRO. I DO HAVE ONE SPECIFIC COMMENT ON THIS WHICH I THINK I BROUGHT UP. GOING BACK TO WHEN WE DID OUR OUR OUR ORIGINAL EDIBLE QUESTION AND AND GIVING TOBACCO STORES THE ABILITY TO SELL IT I WAS DISAPPOINTED THAT THE 500 FOOT SET BACK WAS KIND OF TUCKED THERE AND WE NEVER HAD A DISCUSSION IN THE PUBLIC FORUM ABOUT 500 VERSUS 300 VERSUS 250. AND SO I'D REALLY LIKE SEE US GET CONSISTENT WITH THAT. IF IT'S 300 IT'S 300 FOR THE WHOLE THING LIKE AND I DON'T THINK THAT WE SHOULD MAKE AN ARBITRARY CHALLENGE TO THE HERE BECAUSE I DO KNOW FOR EXPLE THAT WE HAVE A STORE THAT IS PROHIBITED CURRENTLY BY VIRTUE OF 50 FEET YOU KNOW BECAUSE WE DID THAT WE DIDN'T TALK ABOUT IT AS A COUNCIL AND SO AND I DON'T MEAN TO DISPARAGE ANYBODY JUST WAS WEIRD THAT IT ALL OF A SUDDEN WAS IT'S THE ONLY THING THAT WAS INCONSISTENT WITH OUR TOBACCO STUFF ON THE ON THE EDIBLE SIDE WAS THAT WE JUST DECIDED ADD 200 EXTRA FEET AND IT JUST SEEMED WEIRD. SO I'D LIKE TO GET US TO THAT CONSISTENCY SO I'D BE VERY MUCH IN IN IN FAVOR OF LIKE GETTING THATLTOGHERT 300 IF THAT'S THE RIGHT ANSWER AND YOU KNOW THAT'S LIQUOR, TOBACCO, THAT'S CANNABIS THAT'S MY THING IN THERE. SO THAT WAS HELPFUL. YOU'RE UNDER ALLOWING SALES BY LIQUOR STORES BUT YOU'RE BULLET POINT TWO TO MAKE SURE EVERYBODY IS MODIFIED AND CONSISTENT. YES. SHOULD SHOULD WE ALLOW THEM TO DO IT. I'D WANT IT I'D WANT THE CANNABIS ONE TO CHANGE SO THAT IT WAS CONSISTENT. THAT'S RIGHT. IN FACT, I'D LIKE IT TO CHANGE EITHER BECAUSE IT'S ALREADY INCONSISTENT ON TOBACCO SO YEAH. THANKS. AND SO OTHER THOUGHTS ON THIS I WOULD GENERALLY AGREE WH COUNCILMEMBER DALLESSANDRO I THINK TO MAKE A CONSISTENT AGAIN JUST FOR FOR SAKE OF CONSISTENCY, FAIRNESS AND FRANKLY EASE IT PROBABLY MAKES THE MOST SENSE TO THOSE SETBACKS. NOW WHETHER OR NOT TO I MEAN WE'VE ALREADY GOT IT OR ALLOWING SALES IN THE LIQUOR STORE IN AND OTHER SPOTS, I THINK IT MAKES AGAIN CONSISTENT SENSE WITH WHAT WE'RE DOING NOW. I CAN'T. COUNCILMEMBER LOWMAN YEAH. NO, I THINK WHAT YOU SAID MAKES A LOT OF SENSE. WELL, IT JUST A THOUGHT OCCURRED TO ME. CAN YOU GROW A TOBACCO PLANT IN THE BACK OF YOUR YARD? HMM. MAYOR AND COUNCIL MEMBER I MEAN, YOU CAN IT NEEDS TO BE WITHIN A LOCKED ENCLOSURE AND VIEWABLE FROM A PUBLIC SPACE. IS THERE ANY LIMITS ON THAT IN TERMS OF HOW MANY YOU CAN HAVE OR IS IT I'M SORRY, DID YOU TOBACCO OR TOBACCO? YEAH, I'M SAYING TOBACCO NOT NOT THE BUT YEAH I DON'T THINK WE HAVE A SPECIFIC CITY ORDINANCE THAT WOULD PROHIBIT GROWTH HERE. I DON'T KNOW THAT WE HAVE THE ENVIRONMENT FOR IT BUT YOU CAN YOU COULD GROW HERE TO GROW OUT HERE YOU COULD YOU KNOW, YOU COULDN'T EVEN GROW IT INSIDE. I MEAN YEAH TOO COMPLICATED. I SHOULD THERE MIGHT BE A FAMILY THERE AS THEY GROW TOBACCO SO YEAH. NO I GUESS SO. I GUESS MY THING IS IS AS I LOOK AT THIS AS THAT'S KIND OF MY LENS YOU KNOW WITH THE WITH KNOW THE FACT THAT YOU COULD YOU COULD GROW THIS STUFF IN THE BACKYARD AND SO I'M KIND OF LIKE I MEAN NOT THE EDIBLES OF COURSE I MEAN BECAUSE THAT'S YOU'RE PUTTING IT IN THERE BUT I SORT OF HAVE KIND BACKED OFF OF YOU KNOW, WHAT DIFFERENCE DOES A 500 FOOT OR 300 FOOT BARRIER REALLY MEAN? YOU CAN, YOU KNOW, JUST GO IN SOMEBODY'S BACKYARD AND I MEAN, YES, IT'S LOCKED UP BUT IS THERE. SO SO I GUESS AS I'M LOOKING AT THIS I JUST I DON'T KNOW YOU KNOW, WHAT DO WE REALLY GAIN FROM FROM ANY OF THIS SO I'M PRETTY OPEN TO WHAT WHAT OTHER FOLKS ARE ARE KIND OF OPEN TO WANTING TO DO I'M JUST MORE CONCERNED ABOUT THE AS AS MY COLLEAGUE OVER HERE IS TALKING ABOUT OF THESE EDIBLES AND BEI ABL TO UTILIZE THEM OUT OUT IN THE PUBLIC AND HOW DO WE HOW TO ENFORCE THAT HOW DO WE PROTECT OUR FOLKS? IT SEEMS LIKE IT'S THE SAME FLAVOR THING ALL OVER AGAIN TO ME BUT JUST IN A DIFFERENT FORM. DOES ANYBODY WITH OTHER STRONG THOUGHTS WAY ONE WAY OR ANOTHER IT LOOKS LIKE WE'RE UP TO KIND OF THREE NODDING HEADS ON THE MODIFYING THE BACK SO IT'S CONSISTENT WITH EXISTING LIQUOR STORES SETBACK OF HUNDRED FEET. ANY STRONG FEELINGS ONE WAY OR ANOTHER ON THAT? COUNCILMEMBER CARTER? I THINK I'M WITH THAT AND THEN I GUESS I KNOW THAT THE DECISION WAS TO HAVE THE ADVISORY BOARD OF HEALTH LOO AT ALL THREE OF THESE AND AGAIN, I THINK IT'S KIND OF GOING BACK TO THE THE EDIBLE ISSUE AND HOW WE KIND OF THINK ABOUT THAT AS A COMMUNITY AND WHAT WE CAN DO ABOUT THAT. AND SO I THINK I THINK THE BIGGER QUESTION I'M NOT TOTALLY SURE ABOUT AND I WOULD LOVE TO HAVE KIND OF MORE OF THAT PUBLIC HEALTH PRESENTATION ON THIS ISSUE BUT KIND OF SPECIFIC TO THE SETBACKS I'M I'M FINE MAKING IT CONSISTENT BECAUSE SOMEBODY ELSE SAID ARE YOU INDICATING FINE AS WELL OR YOU HAVE ANOTHER POINT TO MAKE? I HADN'T REALLY DECIDED HERE. NO, NO I HAD A DIFFERENT POINT TO MAKE ACTUALLY IF THAT WAS OKAY. A CLARIFICATION AND THEN A POINT ON ANOTHER SECTION OF . THIS ONE IS AGAIN I'D LIKE IF IF YOU REMOVE IT THEN IF YOU'RE A TOBACCO THAT SELLS CANNABIS YOU'RE SUBJECT TO YOUR TOBACCO SETBACK. IF YOU'RE A LIQUOR STORE AND YOU CANNABIS YOU'RE SUBJECT TO YOUR LIQUOR STORE SETBACK. SO I'M NOT QUITE SURE UNLESS WE'RE TALKING ABOUT CANNABIS ONLY JUS LIK RETLERS WHY NEED A SEPARATE SETBACK FOR CANNABIS? SO I THROW THAT OUT THERE AS AN IDEA AND I THINK THAT'S A GOOD POINT AND I THINK MAYBE WE COULD IN THE CONTEXT OF THIS WILL MAKE THIS DECISION BUT THEN PERHAPS ASK YEAH JUST AN OPEN QUESTION FOR ME TO TO RECONSIDER OUR TOBACCO SETBACKS AS WELL TO MAKE THEM CONSISTENT. THE IF WE'RE MAKING THIS CONSISTENT WITH TOBACCO, DO WE MAKE IT CONSISTENT WITH TOBACCO SALES SHOPS AS WELL? RIGHT. THIS COULD BE ONLY MAYOR DALLESSANDRO. I JUST WANT TO CLARIFY WE DON'T CURRENTLY HAVE A SETBACK R TACCO BECAUSE WE DON'T ISSUE NEW TOBACCO LICENSES SO WE YOU KNOW, WE'RE TALKING ABOUT CONSISTENCY. WE CURRENTLY HAVE A SETBACK FOR OUR OFF SALE LIQUOR STORES AND WE HAVE ONE FOR THE EDIBLES BUT WE DO NOT CURRENTLY HAVE A TOBACCO SETBACK IN OUR ORDINANCE WE DID WHEN WE WERE ISSUING LICENSES THOUGH. RIGHT, BECAUSE I'M PRETTY SURE IT WAS LIKE 250 FEET OR SOMETHING. I REMEMBER WHEN MR. JUNKER CAME FORWARD AND TALKED TO US ABOUT THE CANNABIS ORDINANCE THE FIRST TIME OR THE HEMP ORDINANCE THE FIRST TIME THAT THERE WAS A DISCREPANCY THERE . THERE WASN'T A DISCREPANCY UNTIL AFTER THE FACT BUT THERE WAS A RULE AT THE TIME MAYBE I'M WRONG ABOUT THAT BUT IF WE'RE IF WE DON'T CARE ABOUT THE TOBACCO THAS FE. IUST JUST LIKE THERE. NO, THERE'S LIKE IF YOU'RE A TOBACCO STORE AND YOU WANT TO SELL CANNABIS, YOU'RE SUBJECT TO WHATEVER THE REGULATIONS ARE FOR TOBACCO. AND IF THAT JUST SEEMS EASIER TO ME BUT I COULD BE WRONG. OKAY, SO THAT'S FINE. YOU GUYS TAKE THAT BACK AND DO WHAT YOU AND WHEN WE I MEAN IF THERE IS SOME CLARIFICATION TO BE HAD THERE IF YOU COULD WELL AND MAYOR AND COUNCIL MEMBER DE LA SANDRA SO IT'S NOT JUST TOBACCO STORES AND EXCLUSIVE LIQUOR STORES CAN SELL THE LOWER POTENCY HEMP EDIBLE PRODUCTS AND SO THAT'S WHY THERE'S A SEPARATE SETBACK IN CITY CODE BECAUSE YOU MAY HAVE A SHOP THAT ISN'T SUBJECT TO A TWO BLOCK TOBACCO WE DON'T ISSUE LICENSES BUT ISN'T A LIQUOR STORE SO IT'S NOT SUBJECT TO THAT 300 FOOT SETBACK. AND SO THE CODE HAS ITS OWN SETBACK FOR THOSE BUSINESSES THAT THAT'S THE ONLY KIND OF CONTROL THAT IT'S SELLING OR LICENSE PRODUCT THAT IT'S SELLING. LIKE FOR EXAMPLE, IF I A IF I WAS A A I DON'T KNOW A GIFT SHOP AND I WANTED TO WEAR I WAS A GAS STATION AND IF I SOLD THREE TO BEER I ALREADY HAVE A REGULATION THEN BUT IF I DON'T SELL THREE TO BEER I DON'T IS THAT RIGHT MARY YOU'RE SAYING THE CANNABIS MAYOR AND COUNCIL MEMBER D'ALESSANDRO A SO IF YOU'RE NOT SELLING ALCOHOL WITHIN YOUR STATION BUT THEN YOU DECIDE YOU WANT TO SELL THE LOWER POTENCY EDIBLES YOU ONLY BE SUBJECT TO THE LOWER POTENCY HEMP EDIBLE SAID SETBACK THERE WOULDN'T BE ANOTHER ONE THAT KIND OF EXISTS FOR YOURSELF RISK I UNDERSTAND ARE A I'LL I'LL RETURN TO MY ORIGINAL THING WHICH IS LIQUOR STORES MAKING THE SAME BUT THERE'S A WHOLE THING ABOUT ABOUT I'M JUST CONCERNED ABOUT ENFORCEMENT BECAUSE I THINK YOU GO INTO A GAS STATION AND YOU BUY AN ANIMAL AND THEY'RE NOT THAT ANY BETTER THAN THEY'RE ENFORCING THEIR TOBACCO AND THERE WAS A REASON WE BANNED FLAVORED TOBACCO BECAUSE WE KNEW THAT THEY WEREN'T NECESSARILY ENFORCING THE RULES AND THAT PEOPLE WERE MARKETING KIDS AND AND EVERYTHING ELSE. I DON'T KNOW. THERE'S AN ARGUMENT TO BE MADE HERE THAT HAVE TO BE AN EXCLUSIVE LIKE YOU HAVE TO BE AN EXCLUSIVE STORE OF THINGS THAT PEOPLE WHO ARE 21 CAN GO GET AND THAT'S IT. THAT'S WHERE YOU SELL IT? I DON'T KNOW. THAT'S MY OPINION. LET'S REMEMBER NELSON YEAH. THANK YOU. MY I'M OKAY WITH IT BEING SOLD AT LUORTORES. IT'S MY UNDERSTANDING THAT THIS WOULD NOT BE AN EXCLUSIVE RIGHT FOR THE LIQUOR STORES. IT WOULD JUST BE SOMETHING NEW BECAUSE THEY WERE ORIGINALLY NOT ALLOWED TO DO IT. SO THIS WOULD JUST BE IN ADDITION TO THE OTHER PLACES THAT ARE ALREADY ABLE TO SELL IT. IT MAYOR AND COUNCILMEMBER NELSON IS CORRECT I AGREE WITH CONSISTENCY ON THE SETBACKS AND I WOULD NOTE THAT I BELIEVE COMMUNITIES THAT HAVE MUNICIPAL LIQUOR STORES THAT AREN'T TOO FAR AWAY DIANA AND LAKEVILLE I BELIEVE THEY'RE BOTH ALREADY SELLING THC PRODUCTS IN THEIR MUNICIPAL STORES AND TO ONE OF THE POINTS THAT SOMEBODY MADE IN TERMS OF PENALTIES I SAW THAT A DINAH ON THE SALE USED THEIR ALCOHOL PENALTIES AS TO THE SALE OF TOBACCO PENALTIES SO IF YOU SELL TO MINOR THEY WERE YOU KNOW IT WAS SIGNIFICANTLY MORE EXPENSIVE THAN IF YOU SOLD THEM A PACK OF CIGARETS ACCIDENTALLY. AND SO I WOULD LIKE TO LOOK AT THAT IN UTILIZING ALCOHOL PENALTIES FOR SALE TO GIVEN THE INTOXICATION EFFECTS COUNCILMEMBER LOWMAN EVER SO BRIEFLY I GUESS I WAS WRONG YOU CAN GROW TOBACCO IN MINNESOTA APPARENTLY. WELL, IT USED TO DO IT MEEKER COUNTY I THINK. INGRAHAM OH, THIS THIS IS TOBACCO. NO, THIS IS TOBACCO HERE I JUST DECIDED YOU YES. ALL RIGHT. SO IT'S TRUE. YEAH. NO, I DON'T SEE WHY THE HISTORICAL SOCIETY WOULD LIE ABOUT SOMETHING LIKE THAT. BUT I'M MY GROUP. I DON'T KNOW HOW RIGHT. MOVING ON TO THE THIRD OF OUR THREE POLICY DISCUSSIONS THAT WE WANTED TO HAVE REGARDING THE CANNABIS SALES MORATORIUM I KNOW THERE ARE CITIES ALL AROUND US THAT HAVE ENACTED A MORATORIUM. THERE ARE CITIES THAT HAVE NOT ACTUALLY ENACTED MORATORIUMS AND HAVE OTHERS DEFERRED DECISION UNTIL SPRING OF 2020 FOR MAYOR CITY COUNCIL I, I THINK THERE ARE SOME THAT WERE VERY TO PUT A MORATORIUM IN PLACE RIGHT AWAY TO KIND OF MAKE SURE THEY HAD THE TIME AND SPACE TO MAKE THAT DECISION. I HAVEN'T HEARD FROM TOO MANY OF MY COLLEAGUES THAT THEY'RE KIND OF YEAH, WE'LL WAIT AND SEE HAPPENS BUT WE CERTAINLY WANTED TO LAY IT OUT THERE AS AN OPTION THAT THERE ISN'T. WHILE WE MAY WANT TO DISCUSS IT NOW THERE ISN'T THAT SAYS WE CAN'T COME BACK TO IT AT A LATER DATE AND WE CAN THROUGH SPRING 2024 OUT THERE BECAUSE THAT'S WHEN WE EXPECT TO UNDERWAY WITH THE REST OF R ORDINANCE AMENDMENTS AND HAVE A BETTER IDEA OF EXACTLY WHAT THAT TIMING LOOKS LIKE AND WHAT THE STATE IS DOING THAT REALLY AT TIME THE CITY COUNCIL COULD DECIDE TO ENACT THROUGH DECEMBER OF 2024 THOUGHTS ON THIS COUNCIL. COUNCILMEMBER NELSON THANK YOU MAYOR. I'M WAITING AND JUST SEEING WHERE THE STATE'S AT AND SEEING HOW LONG IT TAKES US TO GET THIS. I GOT CONFIDENCE THAT OUR STAFF IF THEY SEE LIKE HEY THIS HAS TAKEN US LONRF WE'RE WORKING WITH OUR ADVISORY BOARD OF HEALTH AND GOING THROUGH A REALLY ROBUST PROCESS AND YOU THINK YOU NEED MORE TIME, COME BACK, ASK FOR THE MORATORIUM THEN THUMBS UP HERE. I MEAN THAT'S WHAT I WAS THINKING AS WELL. I DON'T KNOW I WOULD HATE TO SAY WE'RE NEVER GOING TO ENACT A MORATORIUM. I HATE TO JUMP IN AND DO ONE NOW I THINK THE DECISION WAIT UNTIL SPRING OF 2024, SEE WHERE THE STATE IS AT THE TIME AND MAKE A DECISION THEN THERE'S NO GREAT RUSH EITHER WAY I DON'T THINK ANY OPPOSING VIEWS ARE. THERE YOU GO. THANK YOU FOR BEING THE VOICE OF REASON. COUNCILMEMBER NELSON, IS THERE ANYTHING ELSE NEED FROM US ON THIS TOPIC? THERE IS NOT ME HERE IN COUNCIL THANK YOU VERY MUCH. THANK YOU. AND AGAIN, COUNSEL, THANKS FOR THE GOOD DISCUSSION ON THIS. I THINK THERE'S BROUGHT UP A LOT OF GOOD POINTS THAT WE ALL NEED TO TALK ABOUT AND I THINK CITIES EVERYWHERE NEED TO WORK THEIR WAY THROUGH THAT. COUNCILMEMBER GARDNER THANK YOU MAYOR. IS THERE ANY PLAN FOR STAKEHOLDER OR COMMUNITY ENGAGEMENT? I KNOW SOME THERE ARE LIMITED SPACES THAT WE HAVE REGULATORY CONTROL. I KNOW WE WANT TO BE CAREFUL WITH THE KIND OF INPUT WE'D BE SEEKING BUT JUST CURIOUS IF STAFF HAVE TALKED ABOUT YOU KNOW, IF THERE ARE CERTAIN PIECES OF THIS THAT WE WANT TO ENGAGE CERTAIN STAKEHOLDERS OR RESIDENTS. MR. RUBY MR. MAYOR AND COUNCIL MEMBERS AS WE GO FORWARD IN THE PROCESS THERE ARE A NUMBER OF OTHER POLICY ISSUES THAT ARE GOING TO COME UP AND SO THERE ARE THINGS THA DO WANT TO GET INPUT FROM THE COMMUNITY ON THAT FRANKLY ARE MAYBE A LITTLE MORE SUBSTANTIAL THAN WHAT WE TALKED ABOUT TODAY AND WE'LL TAKE A LITTLE BIT MORE THOUGHTFUL DESIGN IN TERMS OF HOW WE TRY TO INVITE CONSTRUCTIVE CONVERSATION BECAUSE I CAN IMAGINE A TOPIC LIKE THIS AS GOING TO INVITE SOME UNCONSTRUCTIVE VIEWS AS WELL RIGHT? SO WE ARE WE ARE TALKING ABOUT IT AND AS WE GO THROUGH GET FURTHER INTO THE PROCESS WILL BRG BK TO COUNCIL WHAT SOME OF THOSE SUGGESTIONS ARE GOING TO BE. THANK YOU, COUNCILMEMBER ALESSANDRA. JUST A QUICK FOLLOW UP TO THAT, MR. MAYOR. THANK YOU. I WANT TO AS ALWAYS THE PRESENTATION DID A GREAT JOB. I THINK OF OF SUMMARIZING NOT ONLY THE TIMELINE BUT ALSO THE THE REGULAR TAKING MASSIVE DOCUMENT AND TURNING IT INTO A POWERPOINT SLIDE THAT WE COULD ALL KIND OF YOU KNOW BROCK WAS PRETTY GOOD. I ACTUALLY THINK A PUBLIC INTEREST PIECE ON THIS IS VALID AN EDUCATIONAL PIECE BECAUSE I THINK SETTING THE CONTEXT FOR FOR THE PUBLIC WHAT WE DO HAVE CONTROL OVER AND WHAT WE DON'T IS REALLY IMPORTANT BECAUSE OTHERWISE YOU SET YOURSELF UP FOR CONVERSATIONS THAT FRUSTRATE PEOPLE AND THEN WE CAN'T DO ANYTHING ABOUT THEM ANYWAY. SO I DON'T KNOW IF THAT'S SOMETHING THAT WE COULD DO A VIDEO ON OR IF IT'S SOMETHING WE COULD DO A PUBLIC YOU KNOW, A BLOOMINGTON BRIEFING, YOU KNOW, STORY ON OR SOMETHING BUT SOMETHING THAT GIVES THE PUBLIC A GOOD LIKE HERE'S WHERE WE ARE AT AND HE'S WHAT WE HAVE CONTROL OVER WHAT WE DON'T. AND THAT'S WHY WE'RE LOOKING AT THESE THREE THINGS AS OPPOSED TO ALL THE OTHER THINGS YOU MIGHT THINK OF BECAUSE. THESE ARE THE ONES WE HAVE CONTROL OVER. I THINK THAT WOULD BE VERY HELPFUL. THANK YOU. MR. DRAGHI WOULD AGREE WITH THAT. MR. MAYOR, COUNCIL MEMBERS COUNCIL MEMBER D'ALESSANDRO YOU KNOW THERE'S ALSO GOING TO BE A DISCUSSION ABOUT REVENUE THAT COMES TO LOCAL UNITS OF GOVERNMENT AS WELL BECAUSE OBVIOUSLY THE THE LEGISLATURE INCLUDED A COMPONENT THERE FOR HOW THE TAX IS GNG TO BE DISTRIBUTED. AND I AT SOME POINT WE'RE GOING TO NEED TO HAVE A CONVERSATION ABOUT HOW WE PHILOSOPHICALLY WANT TO UTILIZE THOSE ALLOCATIONS THAT COME TO THE CITY. I'VE HEARD DISCUSSION TONIGHT ABOUT PUBLIC SAFETY AND ABOUT PUBLIC HEALTH AND YOU KNOW, ANY TIME IS A NEW REVENUE STREAM THAT'S PRESENTED TO THE TO THE CITY. WE WANT TO BE THOUGHTFUL HOW WE'RE UTILIZING THAT. THERE ARE ALSO OTHER REVENUE POTENTIALS THE LAW GIVES LOCAL UNITS OF GOVERNMENT THE OPPORTUNITY TO GET FOR DISPENSARY OR RETAIL SERVICES JUST AS ANYBODY ELSE WOULD. BUT IT DOESN'T HAVE THE SAME SORT THE SAME SORT OF PARAMETERS THAT THE STATE DOES AROUND LIQUOR AND SO, YOU KNOW, MUNICIPALITIES THAT WOULD BE ABLE TO HAVE THEIR OWN LIQUOR OPERATION ESSENTIALLY HAVE A MONOPOLY IN PRIVATE LIQUOR OPERATIONS ARE NOT ALLOWED. THEY NEED A CITY THAT HAS PUBLIC THAT COMPONENT N IN THIS BILL SO UNDERSTANDING YOU KNOW SORT OF THAT COMPETITIVE OR PRIVATE DYNAMIC LOOKS LIKE IS SOMETHING THAT WE WANT TO TAKE A LOOK AT AS WELL SO LIKE I SAID THERE ARE A NUMBER OF DIFFERENT POLICY ISSUES BEYOND THE ONES WE TALKED ABOUT TONIGHT AS WE MOVE FURTHER INTO THE IMPLEMENTATION PHASE AND LEARN MORE ABOUT THE RULEMAKING PROCESS AND HOW THE OFFICE OF CANNABIS MANAGEMENT IS GOING TO APPROACH SOME OF THESE ISSUES, WE'LL BRING THOSE BACK TO THE COUNCIL FOR FURTHER DISCUSSION. THANK YOU, MR. DRAGHI. AND AGREE I THINK THE MORE PUBLIC INFORMATION THE BETTER AND EDUCATION THIS THE BETTER. SO VERY GOOD. THANK YOU. AND NOW DON'T GO FAR ITEM FIVE ITEM 5.2 ON OUR AGENDA IS AN UPDATE ON OUR 2023 MUNICIPAL ELECTION AS MAYOR COUNCIL YOU'RE STUCK WITH ME FOR A LITTLE BIT LONGER. LET'S BRING UP OUR PRESENTATION HERE AND REALLY THE PURPOSE OF THIS UPDATE IS TO PROVIDE SOME INFORMATION TO THE COUNCIL AND TO THE VIEWING PUBLIC ABOUT KIND OF WHAT WE CAN EXPECT OVER THE COURSE OF THIS MUNICIPAL ELECTIONS CYCLE AND WHAT WE CAN EXPECT WITH OUR ARCHIVE TABULATION AND OUR ELECTION REPORTING. SO I'LL GO TO THE SECOND SLIDE HERE. ALL RIGHT. WE'RE GOING TO TALK ABOUT SOME RESOURCES FOR OUR VOTERS, SOME KEY ELECTION DATES THAT WE HAVE COMING UP HOW WE'RE GOING TO REPORT RESULTS ON ELECTION ,WHAT THE RCP TABULATION PROCESS WILL LOOK LIKE IN 2023 WHEN THE CANVASING BOARD WILL BE AND THEN SOME INFORMATION ABOUT A POST-ELECTION REVIEW WHICH IS NEWO US HERE IN BLOOMINGTON. SO SOME RESOURCES FOR OUR VOTERS THE SECRETARY OF STATE'S WEBSITE IS ALWAYS A GREAT PLACE TO SEND VOTERS WHEN THEY WANT WHAT THEY WANT TO KNOW AND I REGISTERED WHERE DO I REGISTER? WHAT IS IT? WHERE'S MY POLLING PLACE? WHERE DO I GO TO VOTE? AND VOTERS CAN ACTUALLY LOOK UP THEIR EXACT SAMPLE BALLOT FOR THEIR PRECINCT ON THAT SECRETARY OF STATE'S WEBSITE I WILL POINT THAT THE STATE VERY RECENTLY UPDATED THAT TO AMEND VOTES DOT GOV. IT USED TO BE A VOTE SORT AND SO IF YOU SEE AMEND VOTES DOT ORG THAT WEBSITE STILL WORKS AND IT'S ACTUALLY IN A LOT OF THE MATERIALS WE HAVE BECAUSE WE LEARNED VERY VERY RECENTLY ABOUT THE CHANGE THAT MRN VOTES DOT GOV IS A LEGITIMATE WEBSITE THAT'S THE NEW WEBSITE OR THE NEW URL THAT THE STATE IS USING MOVING FORWARD FOR THEIR SITES. AND THEN HENNEPIN COUNTY'S WEBSITE BECOMES ESPECIALLY IMPORTANT DURING OUR AFTER YEAR OFF YEAR ELECTION CYCLES FOR THOSE WHO WANT TO VOTE ABSENTEE BY MAIL, THEY ACTUALLY TO WORK DECTL WITH HENNEPIN COUNTY FOR THAT APPLICATION PROCESS. SO YOU MAY REMEMBER AND EVEN YOUR ELECTION RATE YOU CAN GO ON THE SECRETARY OF STATE'S WEBSITE AND YOU CAN SUBMIT AN ONLINE ABSENTEE APPLICATION AND HAVE THAT BALLOT SENT DIRECTLY TO YOUR HOME. THE LAW DOES NOT ALLOW THE SECRETARY OF STATE'S OFFICE TO TURN THAT ONLINE APPLICATION ON FOR OUR OFF YEAR ELECTIONS . SO SOMETIMES YOU'LL HEAR PEOPLE SAY OR YOU KNOW, HEAR VOTERS SAY WELL THESE I CAN'T GO ONLINE AND I CAN'T APPLY AND THAT IS CORRECT TO A CERTAIN EXTENT THEY CAN GO ON TO THE COUNTY'S WEBSITE AND DOWNLOAD THAT APPLICATION AND THEN SUBMIT THAT APPLICATION TO THE COUNTY VIA EMAIL AND A LOT PEOPLE WILL JUST TAKE A PICTURE OF IT AND THEN SUBMIT THAT PICTURE TO THE COUNTY. IT IS A LITTLE BIT MORE CUMBERSOME OF A PROCESS THAN WE HAVE IN THE EVEN NUMBERED ELECTION YEAR. SO I JUST LIKE TO POINT THAT OUT FOR FOLKS ALSO FOR ANY OF OUR MILITARY OR OVERSEAS VOTERS HENNEPIN COUNTY HANDLES ALL OF THOSE AS WELL. SO IF SOMEONE'S TEMPORARILY OVERSEAS SERVING IN THE MILITARY AND THOSE ARE DIFFERENT BALLOT ISSUANCE PROCESS AND SO THAT'S ALL DONE AT THE COUNTY LEVEL SOME IMPORTANT ELECTION. SO WE'RE COMING UP ON SEPTEMBER 22ND WHICH IS WHEN IN-PERSON EARLY VOTING BEGINS AND WE ARE ACTUALLY A A TEMPORARY SPACE IN OUR LOBBY THIS YEAR WILL HAVE THE TEMPORARY WALLS DRAPING UP AND USING THE DAKOTA FOR ALL OF OUR SECURE ELECTION STORAGE. AND SO IT'LL BE VERY FOR MEMBERS OF THE PUBLIC TO COME IN YOU WALK IN ON EITHER SIDE OF THE LOBBY DOORS AND THERE'S OUR ELECTION THERE'S OUR POLLING PLACE FOR ANYBODY IN BLOOMINGTON LIKE TO COME AND VOTE EARLY, WE'RE OPEN REGULAR BUSINESS HOURS TWO FOR THREE MONDAY THROUGH FRIDAY AND WE'RE ALSO OPEN THE SATURDAY BEFORE THE ELECTION FROM 9 TO 3 AND WE STAY OPEN UNTIL FIVE ON THE MONDAY BEFORE THE ELECTION FOR ANYBODY WHO WANTS TO REGISTER OF TIME ON ELECTION DAY BECAUSE EITHER THEY HAVEN'T VOTED BEFORE THEY'VE CHANGED THEIR NAME OR CHANGED THEIR ADDRESS THAT CUTOFF OCTOBER 17TH. SO IF I WANT TO BE ABLE TO WALK INTO MY POLLING PLACE AND SAY HEY I'M CHRISTINA SCIPIONE AND I LIVE AT ONE, TWO, THREE FOUR MAIN STREET AND HAVE MY NAME ON THE ROSTER I NEED TO MAKE SURE THAT I'M REGISTERED BY OCTOBER 17TH ANYBODY WHO ISN'T REGISTERED BY THAT DATE CAN STILL REGISTER TO VOTE ON ELECTION DAY BUT THEY DO NEED TO SHOW ADDITIONAL PROOF OF RESIDENCE IN ORDER TO BE ABLE TO DO SAME THING IF THEY WANT TO COME VOTE EARLY IN PERSON AND THEY'RE NOT YET REGISTERED THEY GO THROUGH THAT SAME VOTER REGISTRATION APPLICATION AND SHOWING PROOF OF RESIDENCE HERE WITH US SOMETHING. WE'RE EXCITED ABOUT THIS YEAR AND THIS LAST LEGISLATIVE SESSION THEY HAVE IN THE STATE INCREASED THE TIME FRAME FOR DIRECT BALLOTING. SO THAT IS THE PROCESS WHERE THE VOTER THEY COME TO VOTE EARLY AND PERSON INSTEAD OF TAKING THEIR BALLOT AND PUTTING IT INTO A SERIES OF ENVELOPES THEY CAN FEED IT DIRECTLY THROUGH THE BALLOT COUNTER. THE BENEFIT TO THE VOTER IS THAT THEY'RE THEN ABLE TO CEIVE IMMEDIATE FEEDBACK FROM THE BALLOT COUNTER IF THEY'VE MADE A MISTAKE RIGHT. IF I SELECTED TOO MANY CANDIDATES IN ONE RACE IT WILL TELL YOU THAT IF I BROUGHT IN A HIGHLIGHTER AND USED A HIGHLIGHTER ON THAT BALLOT AND THE BALLOT CAN'T FIND ANY VOTES ON IT, IT WILL TELL YOU THAT RIGHT. AND THE VOTER CAN GO AND FIX THEIR FIX THEIR MISTAKES WITH A FRESH AND SO THAT USED TO BE JUST SEVEN DAYS BEFORE THE ELECTION AND NOW IT IS 18 DAYS. SO THAT ACTUALLY STARTS ON OCTOBER 20TH THIS YEAR AND AGAIN WE HAVE ADDITIONAL HOURS RIGHT THAT WERE OPEN FOR VOTING AND THEN OF COURSE THE BIG DAY NOVEMBER 7TH IS ELECTION DAY AND AS ALWAYS OUR POLLS ARE OPEN FM SEV, EIGHT AND TO 8 P.M. SO ONCE THOSE POLLS CLOSE, WHAT DOES RESULTS REPORTING LOOK LIKE WHEN WE HAVE OUR TV RACES ON THE BALLOT? RIGHT. THE FIRST SOURCE FOR ELECTION NIGHT IS GOING TO BE AND THEN VOTES GEORGIA GOV WHERE IF YOU PREFER THE SECRETARY OF STATE'S WEBSITE SO THE WAY THAT THE SECRETARY OF STATE REPORTS OUT THOSE RESULTS IS THEY LIST EVERY RANKING AND HOW MANY VOTES EACH CANDIDATE GOT IN EACH RANKING AND SO I'LL SHOW YOU WHAT THAT LOOKS LIKE I'M SORRY THIS IS A LITTLE BIT SMALL BUT THIS IS ACTUALLY A SAMPLE FROM OUR 2021 DISTRICT THREE ELECTION. AND SO YOUAN SEE THERE'S A FIRST CHOICE, A SECOND CHOICE, A THIRD CHOICE AND THEN HOW MANY VOTES EACH CANDIDATE RECEIVED IN EACH OF THOSE RANKINGS. SO WHAT THIS DOES NOT US IS A COUPLE OF THINGS IT DOESN'T PROVIDE OUR TABULATION. IT ALSO DOESN'T REPORT OVERVOTES AND UNDERVOTES AND SO THAT'S VERY IMPORTANT FOR OUR TABULATION BECAUSE ON ELECTION NIGHT TO DETERMINE IF A CANDIDATE DOES IF A RACE NEEDS TABULATION ROUNDS WE LOOK AT ALLF TH VOTES CAST FOR THAT RACE TO SEE IF THERE'S ANY CANDIDATE THAT HAS 50% PLUS ONE VOTE OF ALL OF THE VOTES CAST IN THAT RACE BECAUSE THE SECRETARY OF STATE DOESN'T REPORT OUT UNDERVOTES WHERE A VOTER DOESN'T CHOOSE TO VOTE IN THAT RACE AND THEY DON'T REPORT OUT OVERVOTES WHERE SELECTED TOO MANY CANDIDATES IN A RANKING WE ARE UNABLE TO JUST LOOK AT THE SECRETARY OF STATE'S RACE AND SAY OKAY THIS CANDIDATE RECEIVED 51%. WE ACTUALLY GET REPORT ON ELECTION NIGHT FROM THE COUNTY THAT GIVES US THE TOTAL NUMBER OF VOTES CAST AND THEN WE REPORT OUT ON OUR WEBSITE ON THE BLOOMINGTON WEBSITE THE FIRST CHOICE RANKINGS THAT INCLUDE THE OVERVOTES AND THE UNDERVOTES. SO THAT SAME RACE IF YOU ONLY LOOKED AT THE SECRETARY OF WEBSITE AND THE REPORTING FOR FIRST CHOICE VOTES WE HAD A CANDIDATE WHO LOOKED LIKE THEY RECEIVED 51% BUT THEN WE REPORT OUT THIS IS WHAT IT LOOKS LIKE ON ELECTION NIGHT AND YOU CAN SEE WE HAVE OVERVOTES AND UNDERVOTES INCLUDED SO WE HAVE ALL OF THE BALLOTS AND THAT ACTUALLY BROUGHT THAT CANDIDATE DOWN TO JUST UNDER 50%. AND SO WE RECOMMEND RIGHT IF A RACIST YOU SHOULD LOOK AT OUR WEBSITE ANYWAY BECAUSE IT'S GREAT BUT IF RACE IS CLOSE RIGHT IF THE 5051 52% YOU'RE REALLY GOING TO WANT TO TAKE A LOOK AT OUR RC TABULATION RESULTS RIGHT IN OUR ELECTION NIGHT REPORT I'M SORRY ELECTION NIGHT REPORTING TO MAKE SURE THAT YOU'RE TAKING A LOOK AT THE TOTAL VOTES CAST AND WHAT THAT MAXIMUM THRESHOLD IS TO SEE IF ANY CANDIDATE HAS HAS MET THAT MAXIMUM THRESHOLD. SO ON ELECTION NIGHT SECRETARY OF STATE'S OFFICE AND THEN OUR WEBSE WILL PROVIDE THE DETAILED ANALYSIS OF UNDERVOTES AND OVERVOTES FOR EVERY RACE AND THEN WE WILL KNOW WHICH RACES ARE GOING TO REQUIRE TABULATION ROUNDS BECAUSE A CANDIDATE HASN'T MET THAT 50% PLUS ONE THRESHOLD. SO WHEN WE DO TABULATION ROUNDS THIS YEAR WE WILL ACTUALLY WILL COMPLETE THEM CONTEST FOR ANY OF THE CONTESTS THAT REQUIRE THEM AND THIS IS THE ORDER THAT WILL BE MOVING IN THIS YEAR YOU MAY REMEMBER IN 2021 THAT WE STARTED WITH THE DISTRICTS AND THEN MOVE TO THE AT-LARGE RACE BUT BECAUSE WE ARE SWITCHING TO A SPREADSHEET TABULATION METHOD IT'S ACTUALLY JUST AS EFFICIENT TO START WITH THE CITYWIDE RACES AND THEN MOVE THROUGH THE DISTRICT RACES AGAIN NOT EVERY RACE ON THIS LIST WILL PROBABLY REQUIRE TABULATION ROUNDS BUT WE WOULD START AT THE TOP AND THEN JUST MOVE THROUGH THE ONES THAT DO REQUIRE TABULATION ROUNDS SO I'M EXCITED TO ANNOUNCE THAT ROUNDS WILL ACTUALLY BEGIN ON WEDNESDAY THE DAY AFTER ELECTION IN THE AFTERON A THE REASON FOR THAT IS WE ARE USING SPREADSHEET TABULATION METHOD THIS YEAR. SO YOU REMEMBER TWO YEARS AGO WE PHYSICALLY MOVED ALL THE BALLOTS AND IT TOOK US THREE DAYS TO COUNT THREE RACES AND DO THOSE TABULATION ROUNDS. NOW WE WILL HAVE TRAINED STAFF WHO WORK IN PAIRS AT CITY HALL USING WHAT'S CALLED THE CAST VOTE RECORD AND SO THIS IS AN EXAMPLE OF WHAT THAT CAST VOTE RECORD LOOKS LIKE FOR A PARTICULAR RACEND BASICALLY WHAT IT IS IS A SPREADSHEET WHERE EVERY SINGLE ROLL ON THAT RACE IS A DIFFERENT BALLOT AND THAT CANDIDATES OR THAT VOTER'S CHOICES FOR THAT BALLOT AND SO THERE IS A PROCESS BY WHICH THE PAIRS OF EMPLOYEES ARE SORTING THAT INFORMATION AND DOING SAME PROCESS AS YOU WOULD WITH PHYSICAL BALLOTS EXCEPT IT'S MUCH FASTER BECAUSE YOU CAN USE EXCEL IN HIT SORT AND THEN YOU CAN USE EXCEL COUNT WRITE THE NUMBER THAT YOU HAVE AND SO WE EXPECT THAT TO SPEED UP OUR RESULTS REPORTING QUITE A BIT AND THE OTHER BENEFIT IS WE CAN START EARLIER BECAUSE WE CAN ELECTRONICALLY RECEIVE THE CAST VOTE RECORD FROM HENNEPIN COUNTY INSTEAD OF HAVING TO ACTUALLY GO GET ALL OF THE ABSENTEE BALLOTS AS WE DID IN 2021. SO WE HAVE GUARDRAILS IN PLACE WE HAVE CHECKS IN PLACE FOR THIS PROCESS. SO FOR EVERY RACE YOU HAVE TWO DIFFERENT PAIRS OF STAFF THAT ARE WORKING SEPARATELY RIGHT AND THEN THERE ARE DEFINED CHECK IN THROUGHOUT THE PROCESS SO THAT IF THEY DON'T WHEN THEY COME TOGETHER A THEIR NUMBERS DON'T MEET THEY HAVE TO GO BACK AND CHECK WHERE THAT MISTAKE MADE. RIGHT. WE DON'T MOVE FORWARD UNTIL WE KNOW THAT BOTH TEAMS THE EXACT SAME RESULT FOR THAT TABULATION RECORD. WE ALSO ALL OF THOSE SPREADSHEETS AT EACH PART IN THE PROCESS SO WE HAVE A VERY TRANSPARENT PROCESS OF HOW THAT DATA WAS SORTED AND HOW THOSE RESULTS WERE TABULATED FOR THAT RACE. SO USING THAT CAST VOTE RECORD AGAIN THE TABULATION TEAMS ARE GOING TO SORT THE BALLOTS BALLOT BY HIGHEST CONTINUING CANDIDATE RANKING ON THE BALLOT AND SO IN 2021 YOU MAY REMEMBER THAT THRESHOLD FOR OR DETERMINING IF A CANDIDATE HAS MET 50% PLUS ONE THAT CHANGES DURING TABULATION ROUNDS. SO ON ELECTION NIGHT WE ARE TAKING A LOOK AT ALL OF THE VOTES CAST ONCE WE START DOING TABULATION SOME BALLOTS ACTUALLY BECOME INACTIVE MAYBE BECAUSE THEY DON'T HAVE A CONTINUING CANDIDATE ON THEM OR BECAUSE THE VOTER CHOSE NOT TO VOTE IN THAT RACE AT ALL OR A VOTER OVER VOTED IN EVERY SINGLE RACE ON THE BALLOT. WE CAN'T DETERMINE THEIR INTENT AND SO WHAT WE DO DURING TABULATION ROUNDS IS WE TAKE THAT TOTAL NUMBER OF BALLOTS AND WE REMOVE OUT INACTIVE BALLOTS AND THEN THAT DIVIDED BY TWO PLUS ONE IS OUR NEW THRESHOLD. AND SO AS WE REPORTING OUT YOU'LL SEE FOR EXAMPLE IN THE DISTRICT RACE ONCE WE WENT THROUGH AND DID OUR FIRST TABULATION ROUND WE TOOK OUT 196 INACTIVE BALLOTS RIGHT. THAT WAS REMOVED FROM OUR AND THEN WE HAD A CANDIDATE THAT MET THE 50% PLUS ONE THRESHOLD. SO WE DID RECEIVE A LOT OF QUESTIONS IN 2021 ABOUT WELL HOW COME THAT CHANGES EVERY TIME AND IT'S BECAUSE WE HAVE CALLED A DYNAMIC THRESHOLD THAT CHANGES AS OUR NUMBER OF INACTIVE BALTS BECOMES LARGER. SO IF AFTER THAT FIRST ROUND OF TABULATION WE DON'T HAVE A CANDIDATE THAT MEETS THAT 50% PLUS ONE THRESHOLD, THEN THE CANDIDATE WITH THE LOWEST NUMBER OF VOTES AND ANY CANDIDATE FOR WHOM IT'S MATHEMATICALLY IMPOSSIBLE TO BE ELECTED ARE ELIMINATED. AND THEN WE TAKE A LOOK AT THEIR NEXT HIGHEST CONTINUING CANDIDATE AND THEIR VOTE IS MOVED TO THEIR NEXT CONTINUING RATE CONTINUING CANDIDATE. SO YOU CAN SEE HERE IN DISTRICT FOUR WHERE WE ELIMINATED ANGELA HOYLE AND BECKY STRAW MEYER AND, THEN THEIR VOTES WERE REDISTRIBUTED TO THE CONTINUING CANDIDATES VICTOR RIVAS AND PATRICK MARTIN. RIGHT. AND THEN WE DO THE SAME ANALYSIS TO DETERMINE OUR THRESHOLD AND THEN WE DETERMINE ANY CANDIDATE HAS MET THAT THRESHOLD. SO YOU CAN SEE THIS ONE REQUIRED TWO ROUNDS OF TABULATION. SO WE DECLARE AN UNOFFICIAL WINNER RIGHT WHEN THAT CANDIDATE HAS MET THAT THRESHOLD OR IF ONLY TWO CANDIDATES REMAIN THE CANDIDATE WITH THE HIGHEST NUMBER VOTES IS ELECTED. AS WE'RE GOING THROUGH THESE TABULATION ROUNDS WE WILL REPORT RESULTS IN TWO PLACES. IT WILL BE PHYSICALLY POSTED HERE AT CIVIC PLAZA AND THEN THEY WILL ALSO BE POSTED ONLINE ON OUR WEBSITE AND THEY'LL BE RECORDED AFTER EVERY SINGLE TABULATION NOT JUST AFTER THE TABULATION FOR THAT COMPLETE RACE. SO AFTER EVERY ROUND YOU WILL SEE NEW TABULATIONS ON OUR WEBSITE AND ONCE WE HAVE TABULATION COMPLETE ON THE CITY COUNCIL SERVES AS THE CANVASING BOARD AND SO WE NEED TOOTIC THAT DATE AT LEAST THREE DAYS IN ADVANCE. WE ARE TENTATIVELY PLANNING ON THE MONDAY NOVEMBER 13TH CITY COUNCIL MEETING IF WE HAVE A SUBSTANTIAL NUMBER OF RACES THAT REQUIRE TABULATION ROUNDS WE MAY NEED TO PUSH CANVASING DATE OUT LATER TO MAKE SURE THAT OUR STAFF HAVE ENOUGH TIME TO TABULATE I DON'T ANTICIPATE THAT BEING THE CASE BUT I JUST WANT TO THAT FOR YOU JUST IN CASE WE HAVE TO CANVASS THE RESULTS BY FRIDAY NOVEMBER 17TH AND CHRTINA ACTUALLY REQUESTED BECAUSE YOU SAID IF WE IF WE HAVE A NUMBER REALISTICALLY WE COULD ONLY HAVE TWO RACES THAT WOULD HAVE TABULATION ROUNDS MAYOR AND CITY COUNCIL THAT IS CORRECT EXCEPT FOR INSTANCES WHERE OUR ELECTION NIGHT THRESHOLD INCLUDES A LOT OF BALLOTS WITH UNDERVOTES AND SO IF WE HAD A RACE LET'S SAY THAT THERE'S ONLY TWO CANDIDATES BUT A LOT OF VOTERS CHOSE TO SKIP THAT RACE ENTIRELY SO THAT COU CHANGE OUR THRESHOLD. GOT IT. SO ONCE WE DO THE TABULATION ROUNDS AND REMOVE ANY BALLOTS WHERE THOSE VOTERS CHOSE NOT TO CAST VOTE. THEN IT'S LIKELY GOING TO BE ONE TABULATION ROUND BUT THAT STILL WOULD REQUIRE ROUND TWO. MAKES SENSE. ALL RIGHT. THANK YOU. AND THIS IS PRETTY EXCITING THIS YEAR. WE DIDN'T DO THIS IN 2021 BECAUSE IT WASN'T REQUIRED BUT THIS YEAR BECAUSE WE ARE USING THE SPREADSHEET TABULATION WE ARE ACTUALLY DOING WHAT'S CALLED A POST-ELECTION REVIEW AND IT'S VERY SIMILAR TO THE PROCESS THAT IS DONE AT THE STATE LEVEL WHEN WE HAVE STATEWIDE RACES ON THE BALLOT AND SO WE DO A PUBLIC HAND COUNT OF ONE RACE IF THERE'S A DISTRICT RACE WE DO A DISTRICT RACE IF THERE AREN'T ANY DISTRICT RACES THAT REQUIRED TABULATION ROUNDS THEN WE WOULD MOVE TO A CITYWIDE RACE. AND I SHOULD CLARIFY THIS PROCESS IS ONLY REQUIRED IF TABULATION ROUNDS ARE REQUIRED IF ON ELECTION NIGHT NONE OF THE RACES REQUIRE TABULATION ROUNDS WE WOULD NOT THIS PROCESS BUT FOR ANY OF THE FOUR IF W DO REQUIRE TABULATION ROUND IN AT LEAST ONE RACE THEN WE MOVE TO THE POST-ELECTION REVIEW AND SO IT'LL BE SET UP VERY SIMILAR TO OUR RCD TABULATION CENTER THAT WE HAD IN THE PUBLIC CAN COME AND THEY CAN WATCH THAT PROCESS AS WE PHYSICALLY MOVE THE BALLOTS TABULATION. IT ALSO ALLOWS US TO ENSURE THAT OUR HAND COUNT TABULATION MATCHES OUR SPREADSHEET TABULATION WE ARE PLANNING THAT FOR TUESDAY, NOVEMBER 21ST AT 9 A.M. IN THE BLACK BOX THEATER. SO MARK YOUR CALENDARS AND AGAIN IT'S OPEN TO THE PUBLIC SO ANYBODY CAN COME WATCH THAT FUN PROCESS. COUNCILMEMBER DALLESSANDRO, JUST A QUICK QUESTION. YES, YEAH, I KNOW. LOOK AT THAT QUESTION. OH, THANK YOU. IN THE EVENT THE HAND TABULATION AND THE SPREADSHEET TABULATION DON'T MATCH DURING PROCESS, WHAT'S THE REMEDY THERE? IS IT HAND COUNT WINS OR? HOW DOES THAT WORK? MARIN COUNCILMEMBER DALLESSANDRO SOMETIMES THERE ARE SMALL DISCREPANCIES WHEN YOU ARE DOING THE SPREADSHEET TABULATION WE ARE NOT VIEWING AN ACTUAL BALLOT SO YOU CAN'T DETERMINE VOTER INTENT AND SO SOMETIMES A VOTER MAY HAVE AN OVERVOTE IN RACE AND THAT'S WHAT THE MACHINE REPORTS OUT AND THAT'S WHAT ENDS UP ON OUR SPREADSHEET. BUT WHEN WE ACTUALLY PHYSICALLY LOOK AT THE BALLOT THEY'VE WRITTEN IN THIS ONE RIGHT AND SO SOMETIMES WILL SEE DIFFERENCES LIKE THAT BUT OVERALL IF THERE IS A SIGNIFICANT DIFFERENCE BETWEEN THE HAND COUNT AND THE SPREADSHEET TABULATION AND IT'S NOT FOR THINGS LIKE THAT THAT CAN BE EXPLAINED THEN WE MOVE TO THE HAND TABULATION AND THAT CAN ACTUALLY CAUSE US TO GO VERY TABULATE DEPENDING ON THE DIFFERENCE BETWEEN THE TWO IT CAN ACTUALLY CAUSE US TO TRIGGER A HAND TABULATION OF ALL OF OUR TABULATED RACES. THANKS TO OTHER QUESTIONS COUNCIL COUNCIL I GUESS I WOULD AGREE IT SHOWS DOES A GREAT JOB YOU GUYS ARE VERY KIND SO PAID TO LISTEN TO ME FOR QUITE A WHILE TONIGHT. ALL RIGHT. WELL NOTHING ELSE. THANK YOU SO VERY MUCH. THAT BRINGS US COUNCIL AS I FIND ALL MY STUFF THAT BRINGS US TO OUR FINAL AGENDA ITEM OF THE EVENING OUR CITY COUNCIL POLICY AND ISSUE UPDATE ITEM 5.3 OUR FIRST ORDER OF BUSINESS HERE IS A RECAP OF THE LISTENING SESSION . WE HAD FOUR SPEAKERS THIS EVENING A LARRY FROST HAD SOME COMMENTS AND CONCERNS ABOUT COUNCIL COMMENTS DURING A LISTENING SESSION REGARDING SOME ALLEGEDLY PICTURES THAT SHOWED UP ON WEBSITES. MIKE OR EXCUSE ME WILSON HAD HE HAD A QUESTION ABOUT THE THE LEVY LANGUAGE WITH THE HRA AND THE PORT AUTHORITY THE REQUEST FOR 2024 THAT THE LANGUAGE IN LEVY REQUESTS DIDN'T SPECIFY THE SHIFT THAT WAS MADE THIS YEAR BETWEEN THE HRA AND THE PORT AUTHORITY AND HE THOUGHT IT WAS I MEAN HE MADE A GOOD POINT THAT IT WAS GOOD NEWS AND WE SHOULD BE DOING A BETTER JOB OF REALLY TELLING THAT STORY. SO I APPRECIATE IT OF COMING FORWARD AND BRINGING THAT TO OUR ATTENTION. EVEN MCKNIGHT AND OTHER SPEAKERS FOR BUZZ FEST CAME BEFORE US AND THEY WERE LOOKING FOR SUPPORT FOR TWO LAWNS AND THAT EVENT BUZZ FEST IS ACTUALLY TAKING PLACE ON SATURDAY THE 16TH AT 10 P.M. TO 1 P.M. AT MOUA PARK AND ENCOURAGE PEOPLE TO GET THERE AND THEN MIKE AND I MISSED MIKE'S LAST NAME. HELP ME HERE LIST MY LIST. THANK YOU VERY MUCH. I CONTINUING TO HAVE ISSUES WITH A GROUP HOME ABUTS HIS HOUSE FROM BEHIND YOU HAVE QUESTIONS ABOUT THE LEVEL OF SUPERVISION FOR RESIDENTS AS WELL AS THE CONDUCT OF SOME OF THE STAFF MEMBERS AND. WE HAVE AGREED THAT THE CITY IS GOING TO TAKE THE STEP OF NOTIFYING THE LICENSING AGENCY. WE BELIEVE IT'S THE STATE IN INSTANCE TO TRY AND LOOK INTO SOME OF THESE CONCERNS AND WORK THE NEIGHBORS TO ADDRESS SOME OF THESE ISSUES. I THINK WITH OUR MIKE HAS BEEN BY IN PAST BUT THAT GIVES US AGAIN THREE OR FOUR SPEAKERS TONIGHT OUR FIRST TIME SPEAKERS AT A LISTENING SESSION. SO ONCE AGAIN GOAL OF TRYING TO GET MORE PEOPLE TO COME SPEAK TO THE COUNCIL DURING THE LISTENING SESSION ON A VARIETY OF TOPICS I THINK WE'RE WE'RE MANAGING TO DO SO WITH OUR LISTENING SESSIONS. THAT IS ALL I HAVE ACTUALLY I WOULD WHAT IS ONE OF THE THING THE ON THE 1/1 OF ALL ON SATURDAY WAS VERY COOL IF YOU GO I KNOW I THINK COUNCILMEMBER DALLESSANDRO HAD A CHANCE TO GET THERE I STOPPED BY JUST A GREAT AFTERNOON AND EVENING MUSIC AND JUST KIND OF A VIBE OF THE AREA WAS WAS JUST VERY POSITIVE AND REALLY REALLY A GOOD FEELING LOOKING FORWARD TO TALKED WITH THE PROMOTER, THE PRODUCER, THE HEAD OF AVANT GARDE, THE PRODUCTION COMPANY THAT DOES IT AND LOOKING FOR OPPORTUNITIES TO MAKE IT BIGGER AND BETTER AND I TOLD THEM WE DEFINITELY WERE ON BOARD WITH THAT AND. WE TRY AND FIND WAYS TO MAKE IT ALL WORK SO GOOD SHOW ONCE AGAIN THIS YEAR THAT'S ALL I HAD MR. FOR BRINGING ANYTHING FROM THE CITY MANAGER'S DESK. THANK YOU MR. MAYOR. I GOT A COUPLE ITEMS. FIRST OF ALL, JUST A REMINDER THAT BLOOMINGTON PRIDE IS COMING UP ON SUNDAY, SEPTEMBER 10TH AND AGAIN WE'LL HAVE A TABLE FOR CITY COUNCIL TO BE THERE SO PLEASE LET ME OR MATT KNOW IF YOU WILL BE THERE AND WE'LL MAKE SURE THAT EVERYTHING IS SITUATED SO AGAIN THAT'S HAPPENING HERE AT CIVIC PLAZA ON SUNDAY, SEPTEMBER 10TH A REALLY NICE COMMUNITY EVENT WE'VE HAD FOR THE LAST COUPLE OF YEARS BEEN VERY SUCCESSFUL. HOPE IT CONTINUES TO GROW THE OTHER SIMILAR TO ON THE ONE THE SECOND YEAR FOR THAT SO I'M GLAD YOU MENTIONED THAT MR. MAYOR GLAD TO SEE THAT GROWING AS WELL. I ALSO WANT TO ACKNOWLEDGE THAT LATE LAST WEEK WE HAD A WE HAD A HOMICIDE IN BLOOMINGTON VERY UNFORTUNATE SITUATION NEPHEW OF A COUPLE IN THEIR SEVENTIES IS THE SUSPECT IN THAT CASE AND UNFORTUNATE VERY UNFORTUNATE EVENT WHAT I WHAT I WANT TO JUST ACKNOWLEDGE TONIGHT IS AGAIN THE TREMENDOUS WORK DE BYHE BLMINGTON POLICE DEPARTMENT IN RESPONDING IMMEDIATELY TO THEIR CALL BEING THERE SO PROMPTLY THAT THEY WERE ABLE TO APPREHEND THE SUSPECT IN THE AREA RIGHT AWAY AND DELIVERED EMERGENCY AID TO BOTH OF THE VICTIMS. UNFORTUNATELY ONE OF THEM DID DIE AND AGAIN MAKING SURE THAT THINGS WHEN THEY HAPPEN LIKE THIS IN BLOOMINGTON PEOPLE PEOPLE ARE HELD TO ACCOUNT AND THEY DID TREMENDOUS WORK IN THAT IN PARTICULAR CASE AND I, I DON'T WANT TO MISS AN OPPORTUNITY TO CALL THEM OUT AND SAY THANK FOR THE WORK THAT THEY'RE DOING. WELL SAID MR. RUBY. THANK YOU COUNSEL. ANYTHING TO ADD TONIGHT COUNCILMEMBER DALLESSANDRO JUST BECAUSE IT WAS I THINK I SAID I WAS GOING TO KIND OF DEFER MY COMMENTS ON THIS TO THE TO THE SECTION WE KNOW I MEAN WE'RE PRACTICALLY IN CRISIS MODE AS IT RELATES TO TREES IN THE CITY. NUMBER ONE, THEY CAN'T COME DOWN BECAUSE DON'T HAVE ENOUGH RESOURCES FOR IT. NUMBER TWO, THEY'RE DYING QUICKLY BECAUSE OF THE DROUGHT AND EVERYTHING AND WE CAN'T WATER THE FAS ENOUGH. I'D LIKE TO I MADE MENTION THAT YOU KNOW THIS CERTAINLY WHAT PASSED AN CONSENT AGENDA TONIGHT WAS GREAT GOING OUT AND GETTING THOSE FROM THE DNR IS REALLY SMART. THERE'S ALSO A HENNEPIN COUNTY PROGRAM THAT DOES SOMETHING SIMILAR THAT I THINK IF WE AREN'T TAKING ADVANTAGE WE SHOULD. BUT YOU KNOW OUR RESIDENTS ARE HAVING SOME CHALLENGES, RIGHT? THEY THINK THEY CAN'T FIND PEOPLE TO TAKE THOSE TREES DOWN THAN ASSESS THEM BUT WE DON'T GO GET THEM AND THEN YOU KNOW, THERE'S LIKE A WHOLE LOT OF OF JUST BACKLOG THERE AND OF COURSE WE DON'T REALLY HAVE AN EFFECTIVE PROGRAM IN MIND EITHER WHICH IS A PART OF WHAT I BELIEVE WE'RE TRYING TO STUDY. I'M JUST I'M I'M SUGGESTING YOU KNOW, THIS TO ME FEELS LIKE THE KIND OF THING THAT OUR STRATEGIC FUND CAN HELP WITH. AND SO, YOU KNOW, TO THE EXTENT THAT WE COULD STUDY LIKE WHAT IT WOULD TAKE FOR US TO REALLY GET FROM WAY BEHIND TO PARITY HERE, I THINK THAT WOULD BE IMPORTANT AT THIS STAGE ESPECIALLY NOT JUST TO TAKE THEM DOWN BUT TO GET THEM REPLACED YOU KNOW, INCENTIVES LIKE THAT THERE ARE COOL, COOL PROGRAMS. I THINK HOPKINS HAS ONE MINNEAPOLIS HAS ONES THAT THAT'S ACTUALLY LIKE A SET IDEIKE PROGRAM FOR YOU KNOW, THAT YOU LITERALLY FUND A GREEN PROGRAM THAT SAYS IF YOU'RE DOING THESE KINDS OF THINGS WE'LL SUPPORT YOU WITH, YOU KNOW, MAYBE 50% OF THE COST OR WHATEVER AND I DON'T KNOW IF THAT'S SOMETHING WE CAN DO IN THE CASE OF TREE CANOPY BUT IT'S IT'S BURGEONING ON A CRISIS. I HAD LIKE HALF THE FLOOR THAT THE SINK THAT I NORMALLY DO IN MY YARD BECAUSE I HAD TO TAKE A NAP OF MY ASH TREES DOWN AND YOU KNOW, IT'S JUST IT'S IT'S AN IMPACT THAT WE ST C'T NECESSARILY WRAP OUR HEADS AROUND RIGHT NOW. BUT THE SOONER WE CAN DO SOMETHING ABOUT IT, I THINK THE BETTER GREAT TREES AVAILABLE OAK TREES YOU KNOW, CRAB APPLES, ALL KINDS OF OTHER COOL TREES THAT WE COULD BE PLANTING THAT WILL SUSTAIN ITSELF 50, 70 YEARS. SO YOU KNOW, NO REASON NOT TO TRY TO GET THOSE IN THE GROUND AS SOON AS POSSIBLE IN MY OPINION. SO THAT OUT THERE I DON'T KNOW IF YOU GUYS WANT TO CONSIDER THAT AT ALL BUT IT FEELS LIKE THE RIGHT KIND OF THING TO DO. WE HAVE A STRATEGIC PRIORITY FOR CRISIS MANAGEMENT CLIMATE AND WE HAVE THE THE FUNDS TO POTENTIALLY HELP US OUT HERE. SO I THOUGHT THAT. THANKS, MR. BROOKING. THANK YOU, MR. MAYOR AND COUNCIL MEMBERS COUNCILMEMBER DALLESSANDRO AS COUNCIL'S WHERE WE'LL HAVE A NUMBER OF BUDGET CONVERSATIONS COMING UP IN OCTOBER AND NOVEMBER OF THIS YEAR AND WHEN WE TALK ABOUT PARKS AND RECREATION THAT'S A PRIME OPPORTUNITY TO TALK ABOUT OUR FORESTRY PROGRAM, WE'LL ALSO I THINK CARVE OUT SOME TIME JUST TO TALK ABOUT THE STRATEGIC PRIORITIES FUND, THE UTILIZATION OF THOSE DOLLARS AND WHAT THE COUNCIL WOULD LIKE TO LOOK AT OVER THE NEXT YEAR OR TWO IN TERMS OF HOW WE THAT BECAUSE WE CAN PROVIDE AN UPDATE TO THE COUNCIL ON WHAT THE BALANCE IS THERE AND THEN TALK ABOUT WHERE YOU WANT TO FOCUS SOME OF THOSE DIRECTIVES ANYTHING ELSE COUNCIL COUNCILMEMBER CARTER THANK YOU MAYOR. I WAS WHETHER OR NOT TO BRING THIS UP SO A COUPLE OF MONTHS AGO COUNCILMEMBER LOEHMANN AND I RECEIVED AN EMAIL FROM A NTLEN W HE AND HIS PARTNER HAD BOUGHT A CONDO IN A BUILDING IN BLOOMINGTON AND LATER FOUND OUT THAT THEY HAD NEXT DOOR NEIGHBORS THAT SMOKED INSIDE THEIR UNIT AND IT REALLY AFFECTED THEM AND I KNOW WE'VE HAD CONVERSATIONS AROUND SMOKE FREE HOUSING AND WE HAVEN'T MOVED THOSE CONVERSATIONS FORWARD FOR A VARIETY OF REASONS BUT ONE OF THE IDEAS THAT THE GENTLEMAN HAD WAS AROUND MANDATORY DISCLOSURES. SO IF AN APARTMENT BUILDING OR A CONDO BUILDING DID ALLOW SMOKING AND I'M THINKING ABOUT THIS BECAUSE OF TONIGHT'S CONVERSATION AROUND SMOKING MARIJUANA PRODUCTS, CANNABIS PRODUCTS, I AM WONDERING IF MAYBE THAT'S A POLICY WE WANT TO LOOK AT AGAIN ESPECIALLY WITH THESE NEW CONVERSATIONS CANNABIS USE AND AGAIN TO JUST YOU KNOW, NOT NECESSARILY GOING DOWN THE ROUTE OF PROHIBITING IT IN MULTIFAMILY HOUSING BUT AT LEAST MAKING IT A REQUIREMENT FOR BUILDING OWNERS TO DISCLOSE WHETHER THEY ARE SMOKE FREE BUILDING OR NOT AND SMOKE MEANING BOTH PRODUCTS TOBACCO AND CANNABIS. SO I GOT TO PUT THAT OUT THERE . COUNCILMEMBER LEMON AND I'D GO EVEN A STEP FURTHER EVEN WITH THE WITH THE RESIDENTIAL HOUSING AS WELL YOU'VE GOT A RIGHT TO KNOW IF SOMEBODY HAS SMOKED IN YOUR PROPERTY THAT YOU'RE ABOUT TO ACQUIRE SO YEAH, I STILL SUPPORT THAT AND HOPE THAT OTHER MEMBERS WOULD BE INTERESTED IN THAT I WOULD SUPPORT IT DOES SOMETHING TO TAKE A LOOK INTO I MEAN THAT'S A A NOVEL AROACH THAT I HADN'T THOUGHT OF IN THE PAST AND WONDERING HOW IT WORKS ESPECIALLY I CAN SEE HOW A WORK WITH KIND MILLIONS WHERE YOU'RE PURCHASING BUT FOR AN APARTMENT BUILDING THE TURNS OVER WOULD BE DIFFICULT I THINK TO TO TO BE ABLE TO SAY YES OR NO THE PERSON ON EITHER SIDE OF YOU OR THE APARTMENT THE RENTAL UNIT ON EITHER SIDE OF YOU SOMEBODY SMOKES IN THAT THAT MIGHT BE A CHALLENGE. YEAH BUT I'D BE CURIOUS TO LEARN MORE. YEAH YEAH. TOTALLY AGREE. MM HMM. YEAH. YEAH. ALL RIGHT. THKOU FOR THAT COUNSEL. IF THERE'S NOTHING ELSE, I WOULD ENTERTAIN A MOTION TO ADJOURN. SO WE HAVE A MOTION IN THE SECOND TO ADJOURN TONIGHT'S MEETING. NO FURTHER COUNCIL DISCUSSION ON THIS ALL IN PLEASE SAY I I OPPOSE THE MOTION CARRIES SIX ZERO THANKS MUCH FOR THE COUNSEL GOOD DISCUSSION TONIGHT ON A VARIETY OF DIFFERENT TOPICS. THANK YOU VERY MUCH. THANK YOU TO THE STAFF FOR YOUR OUTSTANDING PRESENTATIONS AND CLEAR EXPLANATIONS ON THINGS. EVERYBODY TUNING IN . THANK YOU MUCH. HAVE A GOOD REST OF YOUR DAY. SEE YOU NEXT WEEK OR NOT