. GOOD EVENING AND WELCOME TO THE MAY 9TH, 2024 MEETING OF THE BLOOMINGTON PLANNING COMMISSION THE PLANNING COMMISSION IS MADE UP OF SEVEN VOLUNTEER BLOOMINGTON APPOINTED BY THE CITY COUNCIL TONIGHT WE HAVE WHICH IS A QUORUM THE COMMISSION ADVISES THE CITY COUNCIL DEVELOPMENT PROPOSALS DEVELOPMENT STANDARDS LONG RANGE PLANNING AND TRANSPORTATION ISSUES. OUR WORK IS INFORMED BY THE CITY'S COMPREHENSIVE VARIOUS DISTRICT PLANS AND THE CITY CODE FOR ITEMS THE COMMISSION MAKES A RECOMMENDATION WITH THE CITY COUNCIL HAVING FINAL DECISION MAKING AUTHORITY IN OTHER CASES THE PLANNING COMMISSION APPROVE OR DENY AN APPLICATION SUBJECT TO AN APPEAL TO THE CITY COUNCIL. FOR EACH ACTION ITEM THERE WILL BE A STAFF REPORT AN FOR THE APPLICANT TO PRESENT AND THEN TIME FOR ANY MEMBER OF THE PUBLIC TO PROVIDE TESTIMONY BEFORE WE BEGIN WE WILL THE PLEDGE OF ALLEGIANCE PLEASE STAND AS YOU ARE ABLE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE LIBERTY AND JUSTICE FOR ALL. BEFORE WE BEGIN WE'VE HAD A CHANGE IN CIRCUMSTANCE AND I WOULD LIKE TO MAKE A MOTION TO THE AGENDA TO REORDER ITEMS FOUR AND FIVE REGARDING THE STADIUM IMPROVEMENTS TO THE TOP OF THE AGENDA SO I COULD GET A SECOND SECOND. THANK YOU. EMOTIONAL A SECOND. IS THERE ANY DISCUSSION A MOTION TO REORDER THE AGENDA REQUIRES TWO THIRDS MAJORITY. ALL THOSE IN FAVOR SAY I. I OPPOSED MOTION PASSES SO AT THE TOP OF THE AGENDA IS NOW THE ITEMS FOR THE FINAL FLIGHT AND BUILDING PLANS FOR STADIUM IMPROVEMENTS AS I MENTIONED AND STAFF WILL GIVE AN INFORMATION ON THERE HAS BEEN A CHANGE IN CIRCUMSTANCE ON THAT AND SO I WOULD SENIOR PLANNER CENTENARIO TO GIVE AN OVERVIEW OF WHERE THAT STANDS THE MAJOR ROHMAN SO ITEMS ONE AND TWO NOW RELATE TO THE BLOOMINGTON SCHOOL DISTRICT AND SITE IMPROVEMENTS THE FOOTBALL STADIUMS FOR KENNEDY AND JEFFERSON HIGH SCHOOLS I SUSPECT A LOT OF THE FOLKS IN THE ROOM HERE ARE INTERESTED IN THESE. I THINK IT'S WORTHWHILE TO IDENTIFY THE MEETING DATES WE'VE HAD SO FAR OR THE IMPORTANT DATES FOR CONTEXT WE ORIGINALLY RECEIVED OF THE APPLICATIONS BOTH APPLICATIONS FOR EACH EACH STADIUM BACK IN SEPTEMBER THE PLANNING COMMISSION MEETING WAS ACTION WAS CONTINUING WAS SCHEDULED FOR OCTOBER 2ND AND THEN IT WAS CONTINUED NOVEMBER 2ND AT THE NOVEMBER 2ND IT WAS CONTINUED TO NOVEMBER 30TH AND THEN ON NOVEMBER 30TH IT WAS INDEFINITELY CONTINUED DUE TO SOME INFORMATION THAT WE HAVE THAT WE AS A SCHOOL DISTRICT TO PREPARE AND JUST SOME QUESTIONS ABOUT PROCESS RELATED TO CITY AND PC NOISE REQUIREMENTS SO THE SCHOOL DISTRICT AND THEIR TEAM MADE A FIRM NUMBER OF CHANGES TO THEIR PLANS AND THEY SOME ADDITIONAL INFORMATION SUBMITTED TO THE CITY AND WE RESCHEDULE THE PUBLICATION FOR FOR TONIGHT ON TUESDAY MAY WE RECEIVED A LETTER FROM THE MINNESOTA ENVIRONMENTAL QUALITY BOARD OR E QB THERE'S A LOT OF ACRONYMS SO I'LL TRY TO BE CAREFUL AND THEY RECEIVED WHAT THEY DEEMED TO BE A VALID PETITION RELATED TO THE FOOTBALL STADIUM PROJECTS ESSENTIALLY INDICATING THAT THERE SHOULD BE AN ENVIRONMENTAL ASSESSMENT WORKSHEET COMPLETED AS OF THESE STADIUM PROJECTS AND THAT THE CITY THE DESIGNATED RESPONSIBLE GOVERNMENT UNIT SO THAT THAT THE CITY IS RESPONSIBLE FOR MAKING A FINAL DETERMINATION ON WHETHER OR NOT AN OR ENVIRONMENTAL ASSESSMENT WORKSHEET IS IN FACT REQUIRED. SO THAT KIND OF PUTS THE BRAKES ON OUR REVIEW BECAUSE THAT REALLY NEEDS TO BE SETTLED BEFORE THE CITY CAN TAKE FORMAL ACTION ON THE THE SITE PLANS AND THAT'S WHAT OF REAL BRIEFLY JUST TOUCH ON WHAT AN EAW IS AND THEN YOU'LL SEE OUR RECOMMENDATION FOR CONTINUING CONTINUING THIS ITEM IN TERMS OF FUTURE MEETINGS WHAT WE VERY THIS ALL VERY TENTATIVE BUT WE THINK THAT THE CITY COUNCIL COULD BE ASKED TO MAKE DETERMINATION ON JUNE 3RD AND THEN LATER THAN THAT WEEK THE PLANNING COMMISSION COULD BE ASKED TO TO REVIEW THE ITEMS AGAIN FOR ACTION. SO OBVIOUSLY THERE'S A LOT OF OF A LOT OF INFORMATION ON THIS ON THIS YOU OBVIOUSLY DON'T EXPECT YOU TO BE ABLE TO READ EVERYTHING BUT YOU CAN SEE THE VERY DETAILED FLOWCHART THAT'S FROM THE YOUTUBE WEBSITE BUT ENVIRONMENTAL ASSESSMENT WORKSHEET OR EAW IS REALLY A IT'S A DOCUMENT TO PRESENT INFORMATION ABOUT A PROJECT AND IT'S TO DETERMINE HELP DETERMINE IF AN ENVIRONMENTAL IMPACT STATEMENT OR THIS IS NEEDED. AN ENVIRONMENTAL IMPACT STATEMENT IS OBVIOUSLY A VERY ROBUST SOURCE FAR, FAR REACHING DOCUMENT POTENTIAL IMPACTS IN A VARIETY OF WAYS AND SO MINISTER RULES ESTABLISHES THRESHOLDS. THERE'S MANDATORY EAW SO IF YOU MEET A CERTAIN THRESHOLD YOU ARE REQUIRED TO DO IT AND HERE A.W. THE FOOTBALL STADIUMS DO NOT MEET THE REQUIREMENT A MANDATORY EAW SO WHAT IS BEING ASKED IS TO MAKE A DETERMINATION OF WHETHER IT IS A DISCRETIONARY EAW GIVEN THAT IT DOESN'T YOU NO ONE DOES NOT HAVE TO BE DONE AND I'M HAPPY TO PROVIDE COMMISSION THIS FLOWCHART BUT ESSENTIALLY JUST KIND OF GIVES YOU AN IDEA OF THE PROCESSES FOR REVIEWING ANY A.W. SO LIKE I SAID I MENTIONED EARLIER THE CITY ITSELF IS THE ARGUE AS DETERMINED BY THE EACB AND AGAIN THE STATE PROHIBITS FINAL ACTION ON THE APPLICATIONS AND UNTIL AN EAW DETERMINATION IS MADE SO OUR RECOMMENDATION TO THE COMMISSION IS TO COLLECT PUBLIC TESTIMONY AFTER THE DETERMINATION ON THE EAW IS COMPLETE. SO OUR RECOMMENDATION IS NOT TO COLLECT PUBLIC TESTIMONY TONIGHT GIVEN THAT WE HAVE THIS THIS OTHER DETERMINATION THAT HAS TO BE MADE BY THE CITY COUNCIL AND WITH THAT BECAUSE THESE ARE TWO APPLICATION ON TWO SEPARATE SITES I HAVE TWO RECOMMENDED MOTIONS ONE FOR THE KENNEDY HIGH SCHOOL STADIUM AND THEN ANOTHER ONE YOU KNOW, VERY SIMILAR LANGUAGE FOR THE JEFFERSON STADIUM. THANK YOU FOR THAT. THIS IS REASON THAT WE MOVE THESE ITEMS UP BECAUSE I KNOW SOME PEOPLE ARE HERE ON THIS ITEM AND GIVEN THAT THE COMMISSION IS NOT ABLE TO TAKE ACTION ON THAT. I WANTED TO MAKE SURE THAT WE WERE RESPECTFUL OF PEOPLE'S TIME AND SO BEFORE WE CONTINUE ANY INTO ANY DISCUSSION THE MOTION FIRST I'D LIKE TO NOTE THAT COMMISSIONER ISSA HAS JOINED US. HE IS JOINING US REMOTELY AS WAS NOTICED IN THE MEETING. SO I WOULD ENTERTAIN A MOTION . COMMISSIONER CURRY THE WE NEED A MOTION TO HAVE A CONVERSATION I GUESS AS THEY MAKE A MOTION ON THE SCREEN SORRY STILL SICK. OH I DON'T KNOW YEAH MAKE A MOTION TO CONTINUE PLANNING CASE P.L. 2023-1157 THE STADIUM SITE IMPROVEMENTS AT KENNEDY HIGH SCHOOL TO THE JUNE SIX, 2024 PLANNING COMMISSION MEETING AND DIRECT STAFF PROVIDE MAILED AND NEWSPAPER NOTICE PER CITY CODE SECOND THANK YOU WE HAVE A MOTION AND A SECOND TO CONTINUE THE PROJECT AT KENNEDY HIGH SCHOOL TO JUNE 6TH. IS THERE ANY DISCUSSION COMMISSIONER? CAPTAIN YEAH THANKS CHAIR I THINK I DID JUST WANT TO NOTE THAT THIS IS TOTALLY OUT OF THE HANDS OF THE PLANNING COMMISSION AS TO WHY WE'RE HERE. WE WERE EXPECTING TO REVIEW THIS ITEM TONIGHT. I ANTICIPATED TO REVIEW THIS ITEM TODAY AND THIS IS THIS IS THE STATE COMING TO US AND BASICALLY SAYING YOU CAN'T DO THIS. WE WOULD BE IN VIOLATION OF STATE LAW TO DO THIS. SO I DON'T WANT THERE TO BE ANY CONFUSION IN THE PUBLIC THAT THIS OR THE CITY ITSELF IS TRYING TO STAND IN THE WAY OF THIS. THIS IS COMPLETELY OUT OF OUR CONTROL. AND IF WE FOLLOW THE THROUGH IT SOUNDS TO ME LIKE WE WILL REVIEW THIS IN FULL ON JUNE BARRING SOME OF THOSE ACTIONS GETTING IN THE WAY AND I'M TO DO THAT. SO I JUST WANTED TO MAKE THAT CLEAR FOR THE PUBLIC AND I BELIEVE THAT THE THE PETITION THAT LED TO THIS CHANGE IN CIRCUMSTANCE I THINK IS YOU I DON'T KNOW THE DETAILS BUT THAT'S PART OF THE PROCESS THAT MEMBERS OF THE PUBLIC CAN ENGAGE IN AND PETITION FOR THAT AS WELL. SO THAT'S PART OF WHERE THIS CHANGE IN CIRCUMSTANCE COME IS FROM THE PUBLIC'S ENGAGEMENT IN ALL OF THE DIFFERENT AVENUES THAT THEY HAVE BE INVOLVED OTHER DISCUSSION OR YES COMMISSIONER GOLSON THANKS CHAIR I GUESS SORRY TO. TAKE THIS BACK TO A QUESTION FOR STAFF ON HOW CONFIDENT ARE YOU THAT THE JUNE 6TH DATE IS FIRM KNOWING THAT WE DO HAVE COUNCIL DECISION ON THE OTHER THIRD AND THEN OUR NEXT PLANNING COMMISSION AFTER WOULD BE THAT FOLLOWING THURSDAY AT THE SIXTH. IT'S HARD TO SAY GLEN I DON'T KNOW WHAT YOUR CONFIDENCE LEVEL TO THE COMMISSIONERS QUESTION YEAH. CHAIRWOMAN GOTTESMAN SO THIS WE HAVE TO OR THE CITY AS THE RESPONSIBLE GOVERNMENT UNIT HAS TO ACT ON A DETERMINATION REGARDING THE EAW WITHIN 30 DAYS AND SO JUNE 3RD IS REALLY THE LAST SCHEDULED COUNCIL MEETING THAT THE COUNCIL COULD ACT ON THAT REQUEST. WE DO NOT KNOW WHAT THEY WILL DO ON JUNE 3RD IF THEY DECIDE NOT TO DIRECT THE EAW THEN THAT WOULD OPEN UP JUNE 6TH FOR ACTION AMONG THE COMMISSION IF THEY DO ORDER THE EAW THEN ON JUNE 6TH THERE WOULD NEED TO BE ANOTHER CONTINUANCE LIKELY INDEFINITE CONTINUANCE ANOTHER EAW IS PREPARED. SO THE JUNE 6TH I, I MEAN WE'RE CONFIDENT THERE WOULD BE A MEETING ON JUNE 6TH. WE JUST DON'T KNOW WHAT THE ACTION OF THAT COUNCIL WOULD BE AND THEREFORE WHAT MAY HAPPEN ON JUNE 6TH. AND IF I CAN ADD FOLLOWING ON THAT IS THERE A WAY THAT COULD MEAN CLEARLY WE HAVE A NUMBER OF PEOPLE FROM THE LAST MEETING AND WE HAVE A NUMBER OF PEOPLE TONIGHT WHO I PRESUME THAT THIS IS WHY WE HAVE A NUMBER OF PEOPLE HOW IF HOW CAN THOSE FOLKS GET INFORMATION ON IT ON THE OUTCOME OF THE JANUARY OR THE JUNE THIRD COUNCIL MEETING SO THEY HAVE AN IDEA OF WHAT DIRECTION THAT JUNE 6TH AGENDA MIGHT TAKE. SURE. CHAIR COMMISSIONERS, I'VE BEEN KEEPING AN EMAIL LIST THAT'S ABOUT 40 PEOPLE TO DATE AND THAT SEEMS TO BE GETTING THE WORD OUT FAIRLY WELL BUT CERTAINLY CAN REACH OUT TO ME AND CALL IT I CAN GET THEIR EMAILS OF I WOULD BE SENDING A MESSAGE EITHER THAT NIGHT OR THE NEXT MORNING IDENTIFYING WHAT THE OUTCOME WAS FROM THE EVENING BEFORE AND IDENTIFYING WHAT WE'RE GOING TO PROBABLY GOING TO BE DOING ON THE THURSDAY. SO I WANT TO MAKE SURE THAT WE DON'T MISS AN OPPORTUNITY FOR PEOPLE TO KNOW WHAT'S BUT I ALSO WANT TO MAKE SURE RESPECTFUL OF FOLKS TAKING TRACK IF IT TURNS OUT THAT IT'S GOING TO BE AN INDEFINITE CAN TURN ON THE COUNCIL ACTION THE FOR THE DISCUSSION SINCE WE HAVE ONE COMMISSIONER ATTENDED ATTENDING REMOTELY WE WILL NEED TO DO A ROLL CALL AND I WOULD ASK STAFF TO CALL THE ROLL CHAIR. ROHMAN SO SORRY THIS WITH REGARDS TO THEIR MOTION TO CONTINUE TO JUNE 6TH I OH COMMISSIONER GOTTESMAN I VICE CHAIR CAPTAIN HIGH COMMISSIONER MCGOVERN HIGH COMMISSIONER CURRY I COMMISSIONER LISA OKAY SO ON YOUR COMMISSIONER YOU SAID WE ARE NOT HEARING YOU JUST POINT THAT SPEAK BUT THERE IS A MAJOR I TRY THAT AGAIN COMMISSIONER LISA I THERE WE GO CHAIR ROHMAN YES FOR SECOND DO WE NEED A SECOND. LOOKS LIKE WE YOU CAN JUST SEE THE MOTION WELL MOTION PASSED THANK YOU THAT ITEM PASSES AND WE HAVE A NEXT MOTION WITH SOMEONE WILLING TO MAKE A MOTION COMMISSIONER CAPTAIN MR. CHAIR, I MOVE TO CONTINUE PLANNING CASE P.L. 2023-158 THE STADIUM AND SITE IMPROVEMENTS AT JEFFERSON HIGH SCHOOL THE JUNE 6TH 2024 PLANNING COMMISSION MEETING AND DIRECT STAFF TO PROVIDE MAILED AND NEWSPAPER NOTICE PER CITY CODE SECOND THANK YOU WE HAVE A MOTION IN A SECOND TO CONTINUE JEFFERSON HIGH SCHOOL PROJECT TO JUNE 6TH A DISCUSSION SEEING THAT I WOULD ASK STAFF TO CALL THE ROLL ON THE MOTION CHAIR ROHMAN I COMMISSIONER GOLTZMAN I VICE-CHAIR KIRKLAND HIGH COMMISSIONER MCGOVERN HIGH COMMISSIONER HIGH COMMISSIONER ISA HI. MOTION PASSES THANK YOU. THESE ITEMS WILL BE CONTINUED TO JUNE 6TH. FOR THOSE OF YOU WHO CAME OUT TONIGHT, YOU AND I TRUST WE WILL SEE YOU ON JUNE 6TH. THANK YOU. BACK TO THE ORIGINAL ORDER OF AGENDA. THE NEXT ITEM IS A PUBLIC FOR THE FINAL SITE AND BUILDING PLANS FOR A PARKING LOT EXPANSION SITE IMPROVEMENTS AND I THINK TED CROWELL HAS THE PRESENTATION RIGHT PLANNING. A PLAN PLANNER CAROL SORRY I DIDN'T MEAN TO MISS A POINT. YOU OH NO. IT'S ALL GOOD. I LIKE YOUR PARDON . OKAY, GREAT. I THINK I THINK WE'RE GOOD SHARED ON THE SCREEN. ALL RIGHT. WELL, GOOD EVENING CHAIRMAN AND PLANNING COMMISSION ON THE FIRST ITEM I HAVE FOR YOU TONIGHT RELATES TO HUNT ELECTRIC AT THE PARCEL AT 7900 CHICAGO AVE SOUTH AND IT'S KIND OF HIGHLIGHTED IN BLUE ON THE SITES ON THE CORNER OF AMERICAN BOULEVARD AND CHICAGO AVENUE. THE HUNT ELECTRIC BUILDING ITSELF IS ZONED TWO AND THEN THE ADJACENT XCEL ENERGY CORRIDOR TO THE WEST THERE HAS SOME SPLIT ZONING BETWEEN OUR FOUR AND OUR ONE ON THE HUNT ELECTRIC SITE IS JUST UNDER EIGHT ACRES AND THEN THE BUILDING ITSELF IS JUST UNDER 151,000 SQUARE FEET. THERE'S KIND OF A NUMBER OF RELATED ITEMS IN THIS APPLICATION. SO FIRST THERE'S A FINAL SITE AND BUILDING PLAN FOR A PARKING LOT EXPANSION AND OTHER SITE IMPROVEMENTS AND THEN THERE'S A TYPE TWO PRELIMINARY AND FINAL PLAT TO COMBINE THE TWO EXISTING PARCELS OF HUNTER ELECTRIC INTO ONE AND TO DEDICATE AN OUTLET AND THEN A PLANNING VARIANCE RELATED TO THAT TO ALLOW THE APPLICANT TO ONLY PLANT AND SURVEY A THOUSAND 840 SQUARE FOOT PORTION OF THAT XCEL ENERGY UTILITY CORRIDOR. THIS IS JUST A ZOOMED IN KIND OF AERIAL VIEW TO GIVE A SENSE OF EXISTING CONDITIONS. YOU CAN SEE HERE ON THE SOUTHERN PORTION OF THEIR SITE THERE'S AN EXISTING LOADING AREA THAT LOADING AREA IS CURRENTLY GRAVEL WHICH DOES NOT MEET CITY AND SO A PART OF THEIR PROPOSAL IS TO CONVERT THAT EXISTING GRAVEL AREA TO ASPHALT, BRING IT INTO CODE COMPLIANCE AND WITH THAT THE INCREASE IN PERVIOUS SURFACE ON THE SITE THEY'RE REQUIRED TO PROVIDE SOME KIND OF STORMWATER MANAGEMENT AND SO FOR THE STORMWATER MANAGEMENT THEY'RE PROPOSING TO PURCHASE A PORTION OF THAT XCEL ENERGY CORRIDOR AND SO THAT'S THAT LIGHT BLUE BOX KIND OF OUTLINED ON THE SCREEN TO PROVIDE THAT STORMWATER MANAGEMENT FOR INCREASE IN PERVIOUS SURFACE. SO THIS IS THEIR SITE PLAN. SO HERE AGAIN IT'S GOING TO REMAIN AS AN EXISTING LOADING AREA. SO THE REALLY THE SITE PLAN IS JUST SHOWING THE CONVERSION OF GRAVEL INTO ASPHALT. I NOTED IN STAFF REPORT THERE WAS A PREVIOUS PROOF OF LIGHTING AND PROOF OF PARKING PLAN FOR THIS SITE. SO IF THEY DID DECIDE TO STRIPE THIS AND MAKE THIS MORE OF A PARKING AREA IN THE FUTURE AND THA HAS ALREADY HAD APPROVAL TO SHOW THAT THEY CAN DO THAT TO MEET OUR LIGHT LIGHTING STANDARDS AND MINIMUM PARKING REQUIREMENTS SO WE'RE NOT FOCUSED TOO MUCH ON THAT IN THIS FINAL SITE AND BUILDING PLAN OVERALL MEETS THE THE SETBACKS THAT WE HAVE FOR A PARKING LOADING AREA AND MEETS THE LANDSCAPING I'LL TALK ABOUT I JUST KIND OF NOTED TWO ITEMS AND YOU'LL SEE THOSE AS CONDITIONS FOR APPROVAL WE DO REQUIRE THAT THE ENTIRE PAVED AREA BE CURBED AND SO THEY WERE JUST SHOWING SOME CURB AND GUTTER ALONG THE ENTRY ON CHICAGO AVE SO WE HAVE A CONDITION THERE BEFORE WE WOULD ISSUE PERMITS JUST TO SURE THAT THEY'RE PROVIDING THAT CURB AND GUTTER AROUND THE ENTIRE PAVED AREA. AND THEN I JUST MADE A NOTE THAT ANY IMPACTS THAT THEY MIGHT HAVE TO THE EXISTING CITY TRAIL TO THE SOUTH OF THEIR PROPERTY IS THE RESPONSIBILITY OF THE OF THE CONTRACTOR OR THE APPLICANT TO REPAIR THAT AND IT'S NOT THE CITY'S RESPONSIBILITY TO FIX THAT. THIS DOES REQUIRE LANDSCAPING BASED ON THE AREA OF DISTURBANCE ON THE PROJECT AND SO WITH THAT THEY WOULD NEED TO PROVIDE 21 TREES AND 53 SHRUBS THEIR LANDSCAPING PLAN SHOWS 21 TREES AND 58 SHRUBS THAT THEY'LL PROVIDE ALONG THE CHICAGO AVENUE KIND OF PROPERTY LINE THERE. SO IT DEMONSTRATE COMPLIANCE WITH OUR CITY CODE . THERE'S ONE ITEM RELATED TO SCREENING THAT WE COMMUNICATED TO THE APPLICANT AND THAT THERE'S AN EXISTING CHAIN LINK FENCE ON THAT SOUTHERN PROPERTY LINE THAT DOESN'T CURRENTLY OUR SCREENING STANDARDS AND SO THEY'LL HAVE TO KIND OF REPLACE WITH A MORE OPAQUE FENCE THEY COULD LOOK AT BERM OR KIND OF ALTERNATING EVERGREEN TREES ARE SOME THE OPTIONS THAT ARE IN OUR CODE FOR SCREENING SO THERE'S A CONDITION JUST TO ENSURE THAT THEY MEET OUR SCREENING REQUIREMENTS. SO IT'S KIND OF OUR FINAL SITE AND BUILDING PLAN PORTION OF IT. I'M JUST JUMPING INTO THE PLAT AND PLANNING VARIANCE SIDE LIKE I MENTIONED IT'S A PLAN TO COMBINE THE EXISTING LOTS FRONT ELECTRIC SO CURRENTLY IT EXISTS THAT. THE PROPERTY LINE KIND OF SPLITS THE BUILDING IN HALF AND SO I THINK JUST FOR ENTITLEMENT PURPOSES AND CLEAN UP WE HAD ADVISED THE APPLICANT TO BRING THEIR WHOLE SITE ONTO ONE LOT AND THEN LIKE I MENTIONED KIND OF IN THAT MAGENTA AREA THAT THEY WANT TO FLATTEN OUT LOT FOR THE STORMWATER FACILITIES FOR THE PROJECT AND THEN WITH THE PLANNING VARIANCE I KNOW IT'S NOT TOO COMMON WE HAVE PLATTING VARIANCE ITEMS AND WHAT THE PLANNING ALLOWING IS IS FOR THE APPLICANT TO ONLY PLANT AND SURVEY THAT KIND OF MAGENTA PORTION FOR THAT OUT LOT. AS YOU CAN SEE I'M KIND OF THE BLUE LINE ON THIS SITE. THIS IS PART OF A LARGER UTILITY CORRIDOR SO THE THE ADJACENT ITSELF KIND OF EXTENDS FROM AMERICAN BOULEVARD TO I BELIEVE 82ND STREET BUT THEN IT'S PART OF A MUCH LARGER CORRIDOR THAT PRETTY MUCH RUNS THE ENTIRE LENGTH OF THE CITY FROM I-94 TO THE MINNESOTA RIVER. BUT SO IT COULD BE OF EXPENSIVE OR MAYBE NOT AS IDEAL TO HAVE TO SURVEY AND PLAT THAT WHOLE SITE WHEN THEY ONLY NEED A PORTION. SO THE PLANNING VARIANCE IS KIND OF ONE TOOL WE CAN USE FOR SOME OF THESE UNIQUE CIRCUMSTANCE SINCE THERE ISN'T AN UNUSUAL HARDSHIP TEST WE DID MAKE FINDINGS IN THE STAFF REPORT FOR THAT KIND OF THE OVERALL INTERPRETATION OF STAFF WAS THAT HAVING TO ONLY PLAN A PORTION OF A RELATIVELY LARGE FOR STORMWATER MANAGEMENT KIND OF REPRESENTS A UNIQUE HARDSHIP IN THIS CASE AND THAT SUBDIVIDING LAND THAT'S PRETTY MUCH OTHERWISE ON DEVELOPABLE BECAUSE OF THE OVERHEAD TRANSMISSION LINES IS KIND OF A CREATIVE OR REASONABLE USE OF ADJACENT PROPERTY AND THIS IS THE PRELIMINARY PLAT THAT WAS SHOWN. SO AGAIN REALLY BRIEFLY THE BLUE BOX THEY'RE JUST KIND OF SHOWING BRINGING EVERYTHING INTO ONE PARCEL AND THEN THAT LITTLE GOLD BOXES THAT OUT LOT FOR THIS STORMWATER THERE IS ONE CONDITION RELATED TO THE THE PLANT THAT WE ADDED JUST WANTING TO MAKE THAT THEY DEDICATE A TRAIL EASEMENT SO THERE'S AN EXISTING SIDEWALK ON THAT PORTION OF THE CORRIDOR AND THE CITY HAS IDENTIFIED IN BOTH OF ITS PARK SYSTEMS MASTER PLAN AND ITS EXTRA ACTIVE TRANSPORTATION ACTION PLAN TO EVENTUALLY HAVE A MULTI-USE KIND OF GREENWAY TRAIL ALONG THAT UTILITY CORRIDOR. SO WE JUST WANT TO MAKE SURE WE'RE COVERING OUR BASES, NOT CREATING A SITUATION WHERE THERE COULD BE A FUTURE GAP IN THE IN THE TRAIL BY NOT HAVING THAT EASEMENT AND SO WITH THAT STAFF IS RECOMMENDING APPROVAL THE THREE RELATED ITEMS AND HAPPY TO ANSWER ANY QUESTIONS AND I BELIEVE WE HAVE A REPRESENTATIVE OF THE APPLICATION ALSO ON WEBEX IF YOU HAVE QUESTIONS. THANK YOU. I DO HAVE QUESTION BEFORE WE WRAP OPEN TWO OTHERS. YEAH. IN THIS KIND OF A SITUATION WHERE HAVE A UTILITY CORRIDOR LIKE THIS WHICH ALL SIGNS POINT TO CONTINUED USE OF ELECTRICITY AND WHY WOULD WE RECOMMEND THE PLANT WHICH REQUIRES A VARIANCE VERSUS A USE AGREEMENT OR SOME OTHER TYPE OF A THING WHERE THAT'S AN AGREEMENT BETWEEN PARTIES THAT'S MEMORIALIZED AS PART OF A THIS CONDITIONAL VERSUS IN THE COMMISSION EASEMENT BUT AS PART OF THAT WE DO THINGS IN DIFFERENT WAYS AND SO I'M JUST IF LOOKING AT SOMETHING THAT REQUIRES A VARIANCE MY QUESTION IS WHAT WERE THE OTHER THINGS AND WHY WEREN'T THEY THE RIGHT THING? SURE. YEAH. AND I BELIEVE I THINK LONDELL I KIND OF TOOK THIS THROUGH THE PREAMP SO IT WAS BEFORE I SERVED WITH THE CITY. I THINK IT WAS MY UNDERSTANDING THAT WAS KIND OF THE RECOMMENDATION THERE AND I THINK IT MADE IT EASIER. I UNDER LECTURE KIND OF COMING TO US WITH THE AGREEMENT THAT THEY HAD WITH AN EXCEL TO JUST PURCHASE THAT LAND OUTRIGHT VERSUS SOME KIND OF OTHER SHARED AGREEMENT THAT THEY WOULD HAVE BETWEEN PARTIES. BUT MAYBE KEITH MIGHT BE ABLE TO SPEAK TO THAT A LITTLE BIT MORE OR MIKE IF HE HAD THE GERALMENTE YET AGAIN NEITHER ONE OF US WORKED ON THIS FROM START TO FINISH SO WE JUST KIND OF PICKED IT UP AS MR. PETERS RETIRED BUT YOU KNOW I THINK ULTIMATELY THERE COULD HAVE BEEN MORE OF A JUST AN AGREEMENT BETWEEN HUNTER ELECTRIC AND XCEL BUT IN THEIR NEGOTIATIONS I THINK IT WAS THEIR DECISION PURCHASE OUTRIGHT AND CREATED A LOT FOR HUNTER ELECTRIC'S OWNERSHIP AS OPPOSED TO HAVING YOU KNOW, A BROADER EASEMENT OR A STRONGER AGREEMENT. OKAY. OTHER QUESTIONS FOR STAFF COMMISSIONER CURRIE. THANK YOU. THANK YOU CHAIR. IF WERE TO APPROVE THIS I'M TRYING TO THINK WHAT ARE THERE ANY SORT OF RISKS THAT WE WOULD POTENTIALLY CREATE, YOU KNOW, PRE-CONDITION FOR SOME FOR ANOTHER ISSUE IN THE FUTURE OR SOMEBODY COULD TAKE ADVANTAGE OF , YOU KNOW, PRECEDENT THAT THIS BEING A VARIANCE THAT COULD BEEN DONE A DIFFERENT WAY POTENTIALLY AND SOMEBODY HAS A DIFFERENT OBJECTIVE THAT I DON'T KNOW ENDS UP WORKING AGAINST THE OVERALL BENEFIT OF THE CITY. I GUESS I DON'T KNOW IF I POINT THAT TO OUR ATTORNEY OR THE PLANNING PLANNING STAFF. BUT YOU KNOW WHAT JEROME AND COMMISSIONER CURRIE IN FACT WE DO HAVE PRECEDENT FOR THIS ALONG THE CORRIDOR WE'VE HAD OTHER SITES THAT WERE CARVED OFF HISTORICALLY SO THIS WOULD CONTINUE I GUESS THE PRECEDENT THAT'S ALREADY BEEN. OKAY. THANK YOU. THE QUESTIONS FOR STAFF, IF I MIGHT JUST ADD A LITTLE BIT TO THAT CHAIR AND YOU KNOW WHETHER IT SETS A PRECEDENT OR NOT, IS IT NOT REALLY ONE OF THE CONSIDERATIONS FOR YOU KNOW, THE VARIANCE IT'S FOR FACT FOUR OR FIVE FACTORS RIGHT. DOES IT MEET THOSE THEY HAVE A RIGHT TO APPLY FOR A VARIANCE IF THEY WANT AND WE LOOK AT THE APPLICATION AND THE FACTORS ARE WHAT WE CONSIDER AND IF IT IF WE CAN CONSIDER THAT AS ONE OF THE FACTORS. YES COULD CONSIDER IT BUT IF IT'S NOT LISTED WE SHOULD NOT SO ADDING A LITTLE CONTEXT TO THAT OTHER QUESTIONS FOR STAFF COMMISSIONER COOKSON. THANK YOU MR. CHAIR. MR. CROMWELL JUST FOR MY OWN INFORMATION DO WE CONSIDER GRAVEL BE PERVIOUS OR IMPERVIOUS OR IMPERVIOUS? IMPERVIOUS OKAY. THANK YOU. OTHER QUESTIONS FOR STAFF? YES. COMMISSIONER COOKSON I'M SORRY MR. CHAIR. NEVER MIND ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT. I BELIEVE THE APPLICANT IS ON LINE WITH THE APPLICANT LIKE TO SPEAK THIS ITEM HE'S MUTED THIS KEITH OVER THE APPLICANT ,YES. KEITH COLVARD YOU CAN HEAR ME YOURSELF NOW IF YOU'D LIKE. VERY GOOD EVENING EVERYONE. I DO NOT HAVE ANYTHING SPECIFIC I THINK TO PRESENT SOMEONE WHO HAS QUESTIONS FOR ME. OKAY? QUESTIONS FOR THE APPLICANT. ALL RIGHT. THANK YOU. THIS ITEM IS A PUBLIC HEARING SO I WILL OPEN THE PUBLIC HEARING. IS THERE ANYONE IN THE CHAMBERS WHO WOULD LIKE TO SPEAK ON THIS SPECIFIC APPLICATION ? SEEING NONE AND SEEING THAT EVERYONE ONLINE IS STAFF. I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING MOVE TO CLOSE THE PUBLIC HEARING TO SAY AGAIN THANK YOU WE HAVE A MOTION THE SECOND TO CLOSE THE PUBLIC HEARING ANY DISCUSSION WITH STAFF CALLED THE ROLL CHAIR ROHMAN I COMMISSIONER GOLTZMAN I VICE-CHAIR KIRKTON I COMMISSIONER MCGOVERN HIGH COMMISSIONER CURRY I COMMISSIONER ISA QUESTIONING YES I THINK YOU'RE ON MUTE. OH, I THANK YOU. MOTION THANK YOU. THE PUBLIC HEARING IS CLOSED DISCUSSION ON THE ITEM COMMISSIONER GOTTESMAN THANK YOU CHAIR LOOKING AT THIS APPLICATION IT'S PRETTY STRAIGHTFORWARD OTHER THAN THAT UNIQUE CREATIVE A LOT I APPRECIATE THE CITY WORKING WITH THE APPLICANT TO THEIR PROPERTY UP TO CODE COMPLIANCE OBVIOUSLY THE USE OF GRAVEL SOME OF THE SCREENING LOOKING INTO THE PARK AND MAKING SURE THAT WE PRESERVE THAT THAT SIDEWALK AND ANTICIPATE FOR THAT MULTI-USE TRAIL IS GOOD USE OF THE CITY'S TIME. SO I APPRECIATE THE CITY AND THE APPLICANT LOOKING TO MAKING THIS CODE COMPLIANT AND I'LL BE SUPPORTING. Q OTHER DISCUSSION COMMISSIONER COOKSON THANKS MR. CHAIR. AS FAR THE APPLICATION BEFORE US GOES I'M SUPPORTIVE OF IT. MY MY MIND WONDERS ALOUD THAT IF THE SUSTAINABILITY COMMISSION WOULD EVER CONSIDER LOOKING AT THIS PORTION OF THE CITY CODE AND THAT AS TRY TO CREATE A MORE SUSTAINABLE WORLD MAYBE THERE'S SOME MIDDLE GROUND GRAVEL AND ASPHALT OR CONCRETE WHICH ARE PRETTY TOUGH ON THE ENVIRONMENT. SO I DON'T KNOW MAYBE THERE'S SOME EMERGING MATERIALS OUT THERE THAT AREN'T SUCH A NUISANCE ON OUR STREETS AND GET GRAVEL EVERYWHERE BUT WE DON'T NEED TO USE CONCRETE FOR SURFACE PARKING OR SOME REMARKABLE ADVANCEMENTS IN PERMEABLE CONCRETE PERMEABLE ASPHALT. I CAN'T SPEAK TO THE PRICE DIFFERENCE AND ALL THOSE TYPES OF THINGS. I THINK YOUR POINT OF A BE PUTTING THAT INFORMATION ALONG TO OUR STAFF AT THE WORK WITH STABILITY COMMISSION IS A GOOD ONE. AS SOMEONE WHO MAY HAVE STUDIED PERVIOUS CONCRETE THAT'S A GREAT TECHNOLOGY IN THE CONTEXT OF CREATING AN IMPERVIOUS SURFACE EVERYTHING BUT IT STILL DOES USE A LOT OF CEMENT WHICH IS WHAT'S REALLY WHAT'S ON THE ENVIRONMENT AND I THINK I WOULD BE INTERESTED IN WHAT'S WHAT'S THERE THAT'S THAT'S EASIER ON THE ENVIRONMENT FROM A MATERIALS STANDPOINT AND SO MAYBE THERE ARE I DON'T KNOW I'LL LEAVE THAT TO THE UNIVERSITIES TO FIGURE THAT OUT BUT I KNOW PEOPLE ARE WORKING ON IT IF THE SUSTAINABILITY DOESN'T COMMISSION DOESN'T HAVE ANYTHING TO DO MAYBE THAT WOULD BE SOMETHING COULD WORK LIKE THAT I'VE HEARD THE SLIDE CAN YOU CLICK THE SLIDE FORWARD. OH SORRY. OH YEAH VERY REALLY. ANY OTHER DISCUSSION OR ONE OF MANY MOTIONS I'LL MAKE A MOTION PLEASE IN CASE PEOPLE 202439 HAVING BEEN ABLE TO MAKE THE REQUIRED FINDINGS I TO RECOMMEND APPROVAL OF THE FINAL SITE AND BUILDING PLANS FOR PARKING LOT EXPANSION AND OTHER SITE IMPROVEMENTS LOCATED AT 7979 7940 CHICAGO AVENUE SUBJECT TO THE CONDITIONS AND CODE REQUIREMENTS ATTACHED TO THE STAFF REPORT SECOND THANK YOU. WE HAVE A MOTION AND A SECOND TO RECOMMEND APPROVAL OF FINAL SITE AND BUILDING PLANS AT THE SUBJECT PROPERTY. ANY FURTHER DISCUSSION SEEING I WOULD ASK STAFF TO CALL THE ROLL CHAIR ROHMAN HIGH COMMISSIONER GOLTZMAN I VICE CHAIR COOKTOWN HIGH COMMISSIONER MCGOVERN I COMMISSIONER CURRIE I COMMISSIONER ISA I MOTION PASSES THANK YOU. UH ANYONE ELSE CUSHING HOUGHTON MR. CHAIR IN CASE POLL 2024-39 HAVING BEEN ABLE TO MAKE THE REQUIRED FINDINGS I MOVE TO RECOMMEND COUNCIL ADOPT A RESOLUTION APPROVING A TYPE TWO PRELIMINARY AND FINAL PLAT TO COMBINE TWO LOTS AND CREATE OUT LOT A TO ACCOMMODATE STORM MANAGEMENT IMPROVEMENTS SUBJECT TO THE CONDITIONS AND CO TWO REQUIREMENTS ATTACHED TO THE STAFF REPORT. SECOND THANK YOU WE HAVE A MOTION A SECOND TO RECOMMEND PRELIMINARY AND FINAL PLAT ANY FURTHER DISCUSSION THAT STAFF TO CALL THE ROLE CHAIR ROHMAN I COMMISSIONER GOLTZMAN I VICE-CHAIR CAPTAIN HIGH COMMISSIONER MCGOVERN HIGH COMMISSIONER CURRY HIGH COMMISSIONER LISA I MOTION PASSES THANK YOU. AND WE HAVE ONE MORE QUESTION ON RECOVERY IN CASE APPEAL 202439 HAVING BEEN ABLE TO MAKE THE REQUIRED FINDINGS I MOVE TO RECOMMEND CITY COUNCIL ADOPT A RESOLUTION APPROVING A PLANNING VARIANCE TO ONLY PLAT AND SURVEY A PORTION OF A PARCEL FOR OUTLET A SUBJECT TO THE CONDITIONS AND CODE REQUIREMENTS ATTACHED TO THE STAFF REPORT. SECOND THANK YOU. WE HAVE A MOTION AND A TO RECOMMEND APPROVAL OF A PLANNING VARIANCE. ANY FURTHER DISCUSSION ASKED I HAVE TO CALL THE ROLE CHAIR ROHMAN I COMMISSIONER GOLTZMAN I VICE-CHAIR COOKSON HIGH COMMISSIONER MCGOVERN I COMMISSIONER CURRY I COMMISSIONER ISA I MOTION PASSES THANK YOU. THIS ITEM MOVE ON TO THE JUNE 3RD CITY COUNCIL MEETING AS A PUBLIC HEARING. THE NEXT ITEM IS A CONDITIONAL USE PERMIT FOR A HEALTH CLUB AND PLANNER CROLL HAS THIS ONE AS WELL. ALL RIGHT, CHAIRMAN AND PLANNING COMMISSION. THE SECOND ITEM RELATES TO THE OXBURGH SERVICE CENTER BUILDING 90 501 LYNDALE AVE SOUTH AND IT WAS RECENTLY REZONE TO BE FOR AND IT HAS A PLAN OVERLAY. THE SITE ITSELF IS JUST UNDER TWO ACRES AND THE BUILDINGS 19,500 SQUARE FEET. AND AS I MENTIONED THE APPLICATION FOR A CONDITIONAL USE PERMIT FOR A HEALTH CLUB USE. I JUST WANTED TO MAKE THE CAVEAT AT THE BEGINNING AND I'LL GET INTO THE THE USE SPECIFICALLY HERE FOR THE APPLICANT IT'S REALLY KIND OF A FITNESS CENTER IN OR ZONING CODE IN A FITNESS CENTER USES FALL UNDER A BROADER CATEGORY OF HEALTH CLUB. SO I JUST WANTED TO FOR THE PURPOSES OF RECORDING THE COPY I JUST WANTED TO USE THE TERM HEALTH CLUB BUT KIND OF INTERCHANGED BETWEEN FITNESS SO IN CASE THERE IS SOME CONFUSION THERE BUT THE HEALTH USES A CONDITIONAL LIMITED USE AND THE B4 DISTRICT SO IT REQUIRES A CONDITIONAL USE PERMIT AND THEN IN ADDITION AND THAT USE CAN'T EXCEED 25% OF THE BUILDING FLOOR AREA. SO THIS IS JUST A AGAIN A ZOOMED IN AERIAL JUST TO KIND OF GIVE AN IDEA OF THE EXISTING CONDITIONS ON THE SITE THEIR APPLICANT IS PROPOSING TO USE THE FORMER STAFF FITNESS SPACE IN THE BUILDING. IT'S ABOUT 2200 SQUARE FEET OR ABOUT 11% OF THE FLOOR AREA OF THE BUILDING. THERE'S NO PROPOSED EXTERIOR MODIFICATIONS OF A FUTURE WALL SIGN. SO A LOT THE ITEMS RELATED TO PARKING AND LANDSCAPING AND LIGHTING AND THOSE SORTS OF THINGS ARE TIED TO THIS APPLICATION BUT SHOULD REMAIN IN COMPLIANCE WITH THEIR THEIR FORMER APPROVALS FOR SITE PLAN HERE THE OTHER THIS IS JUST A STREET VIEW FROM THE CORNER OF 95TH AND LYNDALE KIND OF LOOKING SOUTHEAST. AGAIN, JUST TO GIVE YOU AN IDEA OF THE BUILDING AS IT EXISTS TODAY AND THE APPLICANT WOULD BE USING THE STEPPED FITNESS SPACE THAT'S KIND OF BETWEEN THE RED WING SHOES AND THE SHERWIN-WILLIAMS TENANTS. THEY'RE JUST LITTLE BACKGROUND THAT WAS NOTED IN THE STAFF REPORT THAT SNAP FITNESS DID HAVE A CONDITIONAL USE PERMIT APPROVED IN 2008 AND A COUPLE DOES RUN WITH THE PROPERTY CAN BE USED FOR A DIFFERENT TENANT THAT HAS THE SAME USE AND SO IN THIS CASE THE PROPERTY OWNER BELIEVES THAT THAT FORMER ACP WAS STILL IN GOOD STANDING SO ALLOWED THE APPLICANT TO MOVE INTO THAT SPACE THERE WASN'T INQUIRY RIGHT ENVIRONMENTAL HEALTH DIVISION AND KIND OF THROUGH THAT STAFF DID DETERMINE THAT THAT COPY HAD EXPIRED SO COPIES EXPIRE AFTER A YEAR OR MORE IF THE USE KIND OF CEASES . AND SO FROM WHAT WE COULD TELL THE THE SNAP FITNESS HAD MOVED OUT SOMETIME 2019 AND 2021 AND THAT SPACE HAS REMAINED VACANT EVER SINCE. SO THEREFORE WE'VE BEEN WORKING WITH THE APPLICANT TO APPLY FOR THE CONDITIONAL USE PERMIT NOW FOR THEIR THEIR FITNESS CENTER USE SO STRONG FITNESS BY VETO IS A MEMBERSHIP BASED FITNESS CENTER THAT PROVIDES DAILY WORKOUT CLASSES. THEY HAVE ONE CLASS IN THE MORNING EVERY DAY AND THEN AN EVENING CLASS MONDAY THURSDAY THERE IT DOES REQUIRE SIGN UP TO ATTEND THOSE CLASSES AND THEY DO NOT OFFER AN OPEN GYM FORMAT BETWEEN CLASSES. SO IT'S REALLY PEOPLE UP FOR THE CLASS KIND OF WORKING OUT FOR AN HOUR AND THEN LEAVING AFTER CLASS AND THEY CAN HAVE UP TO 25 PEOPLE CURRENTLY THEY'RE BETWEEN FIVE AND 20 MEMBERS AT ONE TIME AND THEY WERE ALSO PROPOSING TO SELL PRE-WORKOUT OR PROTEIN SUPPLEMENTS ON SITE AS WELL. THIS WAS AN IMAGE PROVIDED BY THE APPLICANT BECAUSE THERE ISN'T REALLY MUCH OF A FLOOR PLAN BECAUSE IT'S BASICALLY AN OPEN ROOM FOR FOR WORKING OUT AND IT'S A LITTLE HARD TO SEE IN THE IMAGE BUT ON BACKSIDE THERE THERE IS A FREE WEIGHT STATION THEY'LL USE FOR FOR THE WORKOUTS. THERE'S KIND OF A LITTLE WAITING SEATING AREA IN CHECK IN AREA AND LIKE FRONT DESK IN SPACE BUT IT REALLY IS JUST KIND OF AN OPEN OPEN ROOM THAT'S THAT'S USED FOR THE CLASSES. IT'S NOT TOO MUCH INFORMATION OTHER THAN WE WERE RECOMMENDING APPROVAL OF THE CONDITIONAL PERMIT AND HAPPY TO ANSWER ANY QUESTIONS AND WE DO HAVE THE APPLICANT HERE AS WELL. YOU HAVE QUESTIONS. THANK YOU. IS THERE HISTORY OF ISSUES WITH THE PREVIOUS OF THIS PROPERTY FOR THIS FUNCTION THAT HAVE WHETHER IT'S COMPLAINTS OR ENFORCEMENT ACTIONS OR ANYTHING IN THE PAST? YEAH CHAIR ROHMAN AND COMMISSION FROM WHAT I COULD TELL FROM THE HISTORY OF THAT SITE WE HAVE NOT HAD A HISTORY OF ANY ISSUES THERE WHEN LOOKING THROUGH THE THE OLD STAFF FROM THE 2008 APPROVAL I BELIEVE THERE WAS SOME WORK DONE WITH THE POLICE DEPARTMENT BECAUSE THE SNAP FITNESS WAS MORE OF A 24 HOUR KIND OF 24 SEVEN GYM AND I THINK THERE WERE MAYBE CONCERNS AROUND SECURITY AND PEOPLE KIND OF JUST FREELY COMING AND GOING OUT OF THE SPACE. SO I BELIEVE THERE WAS SOME PLAN IN PLACE BUT I COULDN'T FIND ANY RECORD OF MAJOR COMPLAINTS OR ISSUES WITH SNAP FITNESS. THANK YOU. QUESTIONS STAFF MR. GOLDSON. THANK YOU CHAIR. CAN I HAVE YOU GO BACK TO THE SLIDE WITH THE FLOORPLAN OF THE BUILDING? MM HMM. THANK YOU. DO YOU MIND COVERING I KNOW THIS COMMISSION ADDRESSES INDOOR TRASH AS WELL AS, YOU KNOW, FACILITIES WITHIN. THE LOCATION IS I KNOW THIS PROBABLY DOESN'T HAVE A LOT OF TRASH ACCUMULATION AS A FITNESS CENTER BUT CAN YOU GO THROUGH WHAT THAT FACILITY LIKE FOR TRASH AS WELL AS RESTROOM FACILITIES? YEAH ABSOLUTELY. SO CHAIR ROOM AND COMMISSIONER GOTTESMAN, I BELIEVE THAT THIS MOUSE IS A LITTLE SLOW. THERE'S KIND OF ON THE RIGHT SIDE HERE I BELIEVE THIS IS THE INDOOR TRASH ROOM AND MAYBE THE PROPERTY OWNER MIGHT BE ABLE TO CORRECT ME IF I'M WRONG ON THAT BUT I BELIEVE THAT'S THE TRASH ROOM KIND OF ON THE RIGHT SIDE THERE THAT'S SHARED BY A COUPLE OF THE TENANTS AND THEN THE RESTROOMS ARE ALSO ON THIS BACK HALLWAY. SO THESE LITTLE ROOMS ARE JUST KIND OF INDIVIDUAL RESTROOMS THAT I BELIEVE ARE SHARED BY A COUPLE OF THE TENANTS. SO THE INDIVIDUALS GOING TO STRONG FITNESS WOULD BE ABLE TO TO ACCESS THE RESTROOM KIND OF THROUGH THAT LIKE COMMON BACK HALLWAY THROUGH THE SPACE TO TO USE THE RESTROOM FACILITIES IF I MAY THANKS TO YOUR SO JUST FROM THIS AERIAL HERE, IS THERE INDOOR ACCESS TO THE TRASH ROOM OR IS THAT AN OUTSIDE TO IT OUTSIDE FROM WHAT I CAN SEE ON THE FLOOR PLANETS OUTSIDE TO AN OUTSIDE DOOR BUT THE PROPERTY OWNER MIGHT BE ABLE TO CORRECT ME THERE SO YEAH YEAH YEAH. THANK YOU. YES, I'M I'M JUST CLARIFYING THAT TO ACCESS THE TRASH ROOM YOU WOULD HAVE TO PHYSICALLY GO TO ACCESS THE INDOOR TRASH . YEAH. CHAIR CHAIRMAN COMMISSIONER GOLTZMAN THAT'S MY UNDERSTANDING IS THAT YOU WOULD KIND OF WALK OUT THAT COMMON HALLWAY THERE OUTSIDE AND THEN OPEN THE DOORS TO THE INSIDE ROOM. OKAY. AND IF I MAY, A FOLLOW UP QUESTION IS THAT IS THAT CODE COMPLIANT WITH CITY CODE TODAY? I'M NOT AWARE OF ANY ISSUES ON THAT. I DON'T KNOW OF A SENIOR PLANNER SIDE SCENARIO YET. HERMAN COMMISSIONER, IT ISN'T IT DOESN'T MEET THE CURRENT STANDARD. IF THIS WERE A NEW BUILDING THEN THERE HAVE TO BE INTERIOR ACCESS OR AS AN EXISTING CONDITION THAT THOSE ARE ALLOWED TO CONTINUE EVEN WHEN WE HAVE CONDITIONAL USE PERMITS LIKE THIS. THANK YOU. OTHER QUESTIONS STAFF COMMISSIONER MCGOVERN GOING BACK TO THE PICTURE WHERE IT SHOWS THE FLOOR WAS ZUMA CLASSES GOING TO BE HELD THERE IS THERE ANY OF ACOUSTIC PANELING THAT WILL BE INSTALLED TO KEEP THE NOISE REDUCTION DOWN? RAMON MCGOVERN I AM NOT AWARE OF ANY PROPOSAL TO DO THAT SO MIGHT BE A QUESTION FOR APPLICANT OR PROPERTY OWNER BUT I'M NOT AWARE OF THEM INSTALLING ANYTHING OTHER QUESTIONS FOR STAFF THANK. WOULD THE APPLICANT LIKE TO SPEAK ON THIS ITEM? ALL RIGHT. YOU GO AHEAD AND COME ON UP. WE'LL GET YOU ON THE MICROPHONE . YEAH. WHICH IS HAVING TO SLIDE LADIES IN THE SPACE IN THE MORNING HAVE A LOT OF SEVERE NOISE IN THE NIGHT. WE HAVE A 15 IN WHICH IS DUE IN FOR ONE HOUR IN THE MORNING AND ONE HOUR IN THE NIGHT AND USUALLY WE SHOULD AT THE RESTAURANTS WE DON'T HAVE OUR ELEMENTS IN OUR CLASS SO THE OLDER MEN'S RESTAURANTS ASK FOR THAT THE NEXT AND THE NEXT HOUR FROM THAT I THINK IS WHEN SHOWS SOMETHING SO WE KNOW ABOUT THE YEAH BUT WHEN THEY USE RESTAURANTS AT ALL A LOT OF PEOPLE THEY JUST WANT TO JUST GO INTO WORK AND THEY DIDN'T USE A RESTAURANT THEY JUST USED IT AFTER CLASS THEY SAID OH I COULD TO GO HUH YEAH YEAH. IT'S NOT A LOT THERE. THANK YOU. QUESTIONS FOR THE APPLICANT COMMISSIONER MCGOVERN I'M GOING BACK TO WHETHER THERE'S ACOUSTIC PANELING THAT WILL BE INSTALLED TO TO SIMPLIFY AS IN THE MUSIC. NO, WE'RE ONLY IN THE THING WHICH IS USING OUR PORTABLE SPEAKER LIKE THE LITTLE ONE LIKE PORTABLE WHICH IS RATHER THAN TAKE IT OUT YEAH WE'RE INSTALLING THE LIGHT ORIOLES SOMETHING LIKE THAT. THANK YOU. YEAH. HI, I'M ED CONNOLLY. I'M THE PROPERTY OWNER. I PURCHASED THE BUILDING JUST ABOUT A YEAR AGO AND THERE HAD BEEN HISTORICALLY AS YOU SAID, A SNAP FITNESS IN IT AND BUT WE'VE GONE IN THERE AND DONE SOUND BAFFLES AND STUFF ALL ALONG BOTH SHERWIN-WILLIAMS SIDE AND RED WING SHOES AND AND INSTALLED SOUND INSULATION ALONG THE DRYWALL AND STUFF AS WELL. SO YOU'RE WELCOME TO TALK TO ANY OF THE TENANTS. IT'S 100% BETTER THAN ONE SNAP FITNESS WAS IN THERE BUT SO BUT VERONICA'S A HARD WORKER IT WAS A PERFECT JUST DOVETAIL KIND OF FIT FOR THE BUILDING AND IT'S WORKED OUT REALLY WELL AND. I WENT TO KENNEDY AND WE LIVE IN HUDSON NOW BUT I PURCHASED MY FIRST CHICKEN THERE WHEN I WHEN IT WAS HARRISON'S FEED STORE BACK IN IN THE SEVENTIES BUT SO WAS JUST IT'S A NICE PIECE OF PIECE OF REAL ESTATE SO. MM HMM. YEAH. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU. ALL RIGHT. GREAT. THANK YOU. ALL RIGHT. THIS ITEM IS A PUBLIC HEARING THAT YOU HAD OUT LIKE THIS ITEM IS A PUBLIC HEARING. SO I WILL OPEN THE PUBLIC HEARING. IS THERE ANYONE IN THE CHAMBER WHO WOULD LIKE TO SPEAK ON THIS ITEM SEEING NONE AND SEEING ONLY STAFF ONLINE. I ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING SO MOVED SECOND THANK YOU A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING DISCUSSION THEY ASKED STAFF TO CALL THE ROLE CHAIR ROHMAN I COMMISSIONER GOLTZMAN I VICE-CHAIR COOKSON HIGH COMMISSIONER MCGOVERN I COMMISSIONER CURRIE I COMMISSIONER ISA MY MOTION PASSES THANK YOU THE PUBLIC HEARING IS CLOSED DISCUSSION ON THIS ITEM QUESTION THANK YOU MR. CHAIR. THIS ONE'S PRETTY STRAIGHTFORWARD TO ME IT SEEMS A TERRIFIC LOCAL BUSINESS HERE AND HAPPY TO SEE THAT AND I'M HOPING THE TENS OF THOUSANDS OF FOLKS THAT WATCH THE PLANNING COMMISSION MEETING WILL AS IN MS.. MENDEZ'S HEALTH LIVE HERE AND MAKE IT A GRAND SUCCESS. SO I'M IN SUPPORT OF THIS. THANK YOU. I I YOU KNOW, GLAD I ASKED YOU KNOW, ASKED THE QUESTION ABOUT IF THERE WERE ANY ONGOING OR HISTORICAL ISSUES WITH THIS USE. AND THE REASON I RAISE THE QUESTION BECAUSE SOMEONE SOMEONE WAS VERY OBSERVANT AND HAD A QUESTION ABOUT WHETHER OR NOT THERE WAS A COPY. SO I'M GLAD TO HEAR THAT THERE ARE NO ISSUES THERE HAVE NOT BEEN ISSUES AND I APPRECIATE COMMISSIONER MCGOVERN'S QUESTION ABOUT SOUND AND I AND I MY INSTINCT WAS GOING TO BE THAT'S A BECAUSE IT'S WITHIN A BUILDING THAT'S FOR THE LANDLORD TO DEAL WITH AND IT SOUNDS LIKE THE LANDLORD HAS AND SO AGAIN, I THINK THAT'S THE RIGHT WAY TO BE HANDLED. I TOO AM SUPPORTIVE OF THIS ITEM. COMMISSIONER GOTTESMAN THANK YOU CHAIR. I ECHO EVERYTHING THAT'S BEEN SAID ALREADY THE ONE THING I LOVE ABOUT THIS APPLICATION IS IT'S REALLY LOOKING THE HEALTH AND WELLNESS OF OUR RESIDENTS AND GIVING US ANOTHER OPTION FOR PEOPLE THAT WANT TO BE HEALTHY AND ALL SEASONS OF THE YEAR. SO I THINK IT'S GREAT. I LOVE THAT IT'S A LOCAL BUSINESS AND WE CAN SUPPORT YOU HOWEVER WE CAN. IT'S GREAT AND I'LL BE SUPPORTING A FURTHER DISCUSSION OR A MOTION. COMMISSIONER GLEASON IF I COULD I THINK A MOTION IN CASE 2024-51 HAVING BEEN ABLE TO MAKE THE REQUIRED FINDINGS AND MOVE TO ADOPT A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A HEALTH CLUB USE LOCATED AT 9501 LYNDALE AVENUE SUBJECT TO THE CONDITIONS AND CODE REQUIREMENTS LISTED IN THE RESOLUTION. SECOND THANK YOU WAIVER A MOTION A SECOND TO APPROVE A CONDITIONAL USE PERMIT ANY FURTHER DISCUSSION THAT I'D ASK STAFF TO CALL THE ROLL CHAIR ROHMAN I COMMISSIONER GOTTESMAN I VICE-CHAIR CAPTAIN HIGH COMMISSIONER MCGOVERN I COMMISSIONER CURRY I COMMISSIONER ISA I. MOTION PASSES THANK YOU. THIS IS A DECISION BY THE COMMISSION AND LOST ON APPEAL IS RECEIVED AT CITY HALL BY 30 ON TUESDAY MAY 14TH. THANK YOU. THANK YOU COMMISSIONER. NEXT ITEM ON OUR AGENDA IS A PRO FORMA ANALYSIS FOR A ROSE UP DEVELOPMENT IN . THE SOUTH LOOP AND SENIOR PLANNER CENTENARIO HAS THE PRESENTATION. THANK YOU JEROEN. THE NEXT ITEM IS FAIRLY UNIQUE IN IT IS A REVIEW BY THE COMMISSION AND ULTIMATELY CITY COUNCIL FOR DEVELOPMENT PROFORMA AND I'LL PROVIDE A LITTLE BIT OF BACKGROUND AND THEN WE'LL ASK MR. JASON SCHMIDT THE SYSTEM AUTHORITY ADMINISTRATOR, TO GIVE HIS TAKE ON THAT. SO THIS REALLY RELATES TO THE ROSA DEVELOPMENT WHICH IS SYNONYMOUS WITH THE PARK AND FLY REMOTE AIRPORT PARKING LOT . THE IDEA IS THAT PART PARK FLY PROPERTY IS VERY, VERY SUBSTANTIAL IN AND HAS BEEN OPERATING AS A REMOTE AIRPORT PARKING LOT FOR 35 OR SO YEARS AND IT WE WANT TO SEE REDEVELOPMENT ON THIS PROPERTY BUT WE UNDERSTAND THAT IS NOT GOING TO HAPPEN AT ONCE IT WOULD HAPPEN IN PHASES AND SO STARTING IN 2019 THERE WERE MILESTONES THAT WERE INCLUDED IN INTERIM USE PERMIT AND PHASE OF THIS MULTIPHASE DEVELOPMENT WAS FOR A SIX STOREY 183 UNIT APARTMENT BUILDING AND THAT WAS APPROVED BACK THAT WAS APPROVED BACK IN 2020. SO OF COURSE WE KNOW WHAT'S HAPPENED SINCE AND THE MOST RECENT APPROVAL FOR AN INTERVIEWS PERMIT WAS IN 2022 AND THEN AGAIN WAS SUBJECT TO DEVELOPMENT MILESTONES AND THAT'S WHAT ONE OF THOSE DEVELOPER MILESTONES THIS IS WHY WE'RE HERE TONIGHT TALKING THIS THIS IS THIS IS THE MILESTONE THAT I MENTIONED AND IT RELATES SPECIFICALLY TO THE PHASE ONE CONSTRUCTION START AND SO WE HAVE OR WE HAD A PRELIMINARY DEVELOPMENT PLAN THAT IDENTIFIED MULTIPLE AND THEN WE HAD A FINAL DEVELOPMENT PLAN FOR PHASE ONE AND THERE WAS A TIMELINE ON WHEN PHASE ONE WAS SUPPOSED TO START CONSTRUCTION IN 2022. THERE WAS SOME ADDITIONAL LANGUAGE THAT WAS ESTABLISHED IN THE DEVELOPMENT MILESTONES AND ESSENTIALLY ALLOWED THE PLANNING COMMISSION AND ULTIMATELY THE CITY COUNCIL WOULD MAKE THE DECISION AS TO WHETHER THE PERFORMERS MARKET CONDITIONS AND IF THE RATES OR THE RETURNS ARE INSUFFICIENT AT THIS MILESTONE THIS DEVELOPMENT MILESTONE COULD BE EXTENDED FOR ANNUAL PRO FORMA REVIEWS OF BASED ON UPDATED INFORMATION AND SO THAT'S WHAT WE'RE DOING HERE TONIGHT. IT'S NOT SOMETHING THAT WOULD THAT THE COMMISSION HAS ENGAGED IN AND THAT'S WHY WE ASKED OUR COLLEAGUES AT THE PORT AUTHORITY TO KIND OF HELP DO THAT ANALYSIS. THE APPLICANT PROVIDED THAT INFORMATION TO THE CITY BACK IN FEBRUARY AND I WILL ASK MR. SCHMIDT TO PROVIDE US TAKE A GOOD EVENING CHAIR AND COMMISSIONERS JASON SCHMIDT ASSISTANT PORT AUTHORITY ADMINISTRATOR SO AS SENIOR PLANNER CENTENARIO HAD STATED THIS IS A UNIQUE SITUATION. NORMALLY IF WE HAVE PROJECTS THAT COME IN STAFF REVIEW THOSE INTERNALLY IF THERE IS A VERY LARGE GAP THAT FEEL STAFF IS UNABLE TO FINANCIALLY SUPPORT BASED ON VARIOUS AS WELL AS FINANCIAL ASSISTANCE WITH WHICH THE CITY PORT OR HRA ASSIST WE WOULD THEN JUST WORK WITH THE APPLICANT TO HAVE THEM BACK AND REVIEW THEIR PLANS. SO WHAT WE DID IS THE APPLICANT DID PRESENT THEIR PRO FORMA AND ALL OF THEIR SUPPORTING MATERIAL AS WAS REQUIRED WITH THIS CONDITION TO THE IEP. WE RECEIVED THAT IN LATE STAFF WORKED WITH OUR MUNICIPAL ADVISOR BAKER TILLY TO REVIEW THAT PRO FORMA ANALYSIS AS WELL AS TO SURE THAT EVERYTHING THE CONSTRUCTION COSTS, THE EXPENSES, THE REVENUES EVERYTHING WAS WITHIN MARKET RANGES AND SO ON. OUR REVIEW SO QUICKLY I'LL JUST DO A HIGHLIGHT. I DID PROVIDE A MEMO IN THE STAFF REPORT WHICH I'LL JUST KIND OF SUMMARIZE HERE SO TOTAL COSTS OF THIS 183 UNIT PROJECT ARE RIGHT AROUND $54 MILLION. THAT EQUATES TO JUST AROUND $296,000 PER UNIT WHICH IS WHAT WE SEEING FOR A MARKET RATE PROJECTS WITHIN THE CITY OF BLOOMINGTON CURRENTLY THAT DOES FLUCTUATE DEPENDING THE AMENITIES THAT ARE IN THESE. ADDITIONALLY IF PROJECTS ARE 100% AFFORDABLE THAT NUMBER WILL ADJUST AS WELL BUT LOOKING AT THIS PROJECT WITH 80% OF THE UNITS AFFORDABLE EXCUSE ME 80% OF THE UNITS AT MARKET RATE AND 20% UNITS AFFORDABLE AT THE 50% AMI LEVEL IT WAS OUR MUNICIPAL ADVISORS AS WELL AS STAFF'S ANALYSIS THAT THAT IS WITHIN THE MARKET RANGE. ADDITIONALLY WE LOOKED AT THEIR TOTAL SOURCES AND THEIR FINANCING PACKAGE AS TO MOVING THIS PROJECT FORWARD AND SO RIGHT NOW BASED ON TODAY'S MARKET A LOT OF THESE DEVELOPERS ARE HAVING A HARD TIME COMING UP WITH THE EQUITY THE THE LENDERS THAT ARE OUT THERE ARE REQUIRING A SUBSTANTIALLY HIGHER PERCENTAGE OF EQUITY IN DEALS THAN WHAT WAS PREVIOUSLY DONE IN THE IN THE 2020S 2021 ERA DURING THE BOOM OF MULTIFAMILY CONSTRUCTION IN THIS AREA RIGHT NOW THE LENDERS AT LEAST IN THIS ANALYSIS ARE REQUIRING A 40% EQUITY WHICH MEANS THE WOULD NEED TO BRING 40% OF THAT OF THAT CASH UPFRONT AND THEN THEY WOULD BE ABLE TO SECURE 60% OF PRIVATE FINANCING. THAT IS SOMETHING THAT WE ARE SEEING IN THE MARKET AS WELL A WORKING ACTUALLY ON ANOTHER DEVELOPMENT RIGHT NOW WITHIN THE CITY OF BLOOMINGTON WITH THAT DEVELOPER SAME THING THEY THEY ARE TRYING TO SEEK 40% EQUITY IN THE DEAL UNFORTUNATELY THEY ARE HAVING A HARD TIME FINDING THAT EQUITY TO EVEN BRING THIS BRING THEIR FORWARD ADDITIONALLY WITHIN OUR ANALYSIS WHAT WE DID IS WE LOOKED BACK ON WHAT WAS THE APPROVED FINANCIAL PACKAGE BACK IN 2020 FOR THIS DEAL THAT DEVELOPMENT AGREEMENT SINCE LAPSED. SO WE WOULD HAVE TO BRING THIS BACK BEFORE THE PORT AUTHORITY COMMISSION AUTHORITY COMMISSION IF WE WERE TO LOOK TO FINANCIALLY INCENTIVIZE THIS PROJECT AGAIN. BUT WHAT WE DID IS WE USED THAT SAME FINANCIAL ANALYSIS THAT WAS APPROVED IN 2022 ANALYSIS TO ANALYZE THIS DEAL AND THAT WAS USING 95% OF THE INCREMENT HOUSING INCOME AT TIFF THAT WOULD BE THROWN OFF BY THIS DEVELOPMENT AS WELL AS AN ADDITIONALLY ADDITIONAL $825,000 LOAN FROM OUR EXCUSE ME A GRANT FROM THE PORT AUTHORITY AND SO WE USE THAT WITH OUR ANALYSIS AND BASED ON THAT AND BASED ON THE RETURNS OF OF THE PERFORMANCE ANALYSIS IT FELL BELOW SIX 6% CASH AND CASH RETURN WHICH WAS A A STATED REQUIREMENT WITHIN THE IAP CONDITION AND. SO BASED ON STAFF'S ANALYSIS AS WELL AS BAKER TILLY'S ANALYSIS THIS PROJECT UNFORTUNATELY AS IT IS PRESENTED AND TODAY AS WELL AS THE MARKET CONDITIONS THAT WE HAVE IT IT DOES NOT THAT 6% RETURN BITE FOR EITHER VALUE ENGINEERING OF THE OF THE PROJECT BUT ONCE YOU START TO DO THAT THAT HAS A MAJOR IMPACT ON THE AMOUNT OF RENTS ARE THE RENT LEVELS THIS PROJECT COULD HAVE ADDITIONALLY THE RENTS WITHIN AREA YOU CAN'T JUST INCREASE THE RENTS BECAUSE THE MARKET ISN'T ABLE TO SUPPORT THAT AND THE DEVELOPER DID WORK WITH MAXFIELD ON RENT ANALYSIS TO DETERMINE WHAT ARE THE MARKET RENTS WITHIN THIS AREA THAT COULD BE SUPPORTED AND THEY USED THE DEVELOPER THOSE RIGHTS WITHIN THAT REPORT FOR THEIR PRO FORMA AND SO STAFF ANALYZED THAT AND AGREED WITH THE RENTS THAT WERE SHOWN SO OVERALL IT IS STAFF'S REVIEW THAT THIS PROJECT UNFORTUNATELY IS NOT ABLE TO FINANCIALLY MOVE FORWARD BUT FOR SOME MAJOR ADJUSTMENTS IN THE MARKET OR WITH A PROJECT FOR THE PROJECT AND WITH THAT I'M I'M HOPING TO STAY ON FOR ANY QUESTIONS. THANK YOU. THIS ITEM IS A IT'S A REVIEW SO IT'S NOT A PUBLIC IT'S NOT A ANYTHING OF THAT NATURE. SO THINK I WOULD REMIND THE COMMISSION THERE WERE ALSO SOME ADDITIONAL INFORMATION THAT YOU RECEIVE THAT IS NONPUBLIC. AND SO AS WE ENGAGE IN CONVERSATION ON THIS, REMEMBER THAT THE ITEMS THAT WERE IN THAT SUPPLEMENTAL TIER ARE NOT ITEM OR NOT DETAILS THAT CAN BE DISCUSSED IN IN THE PUBLIC MEETING DISCUSSION ON THIS ITEM. COMMISSIONER CURRY IT'S JUST A QUESTION FOR STEPH IT SOUNDS LIKE THIS PROJECT HAS A LONG WINDING HISTORY WHICH I KNOW VERY LITTLE. I THINK YOU REFERENCED MARKET CONDITIONS AND 2021 AND EQUITY REQUIREMENTS BACK THEN. IS THERE ANY REASON THIS PRO FORMA WASN'T DONE BACK IN 2021 ? MR. CHAIR COMMISSIONERS YES STAFF DID REVIEW THIS PROFORMA IN 2020 THE PROJECT WAS READY TO MOVE FORWARD AND THAT IS RIGHT WHEN THE MARKET CHIP MARKET CHANGED THE DEVELOPER CONSTRUCTION COSTS WERE INCREASING SUBSTANTIALLY. UNFORTUNATE THEY WERE UNABLE TO GET A GUARANTEED MAXIMUM PRICE FROM THEIR CONSTRUCTION BUILDER AT THAT TIME. THEY CAN GO FURTHER DETAILS ON THAT. AND SO BASED ON THE RISK FACTORS THE APPLICANT WAS OR THE DEVELOPER WAS NOT WILLING TO MOVE FORWARD WITHOUT THAT GUARANTEED MAXIMUM PRICE JUST WITH HOW FAST EVERYTHING WAS CHANGING IN 2021. OKAY THANK MR. GOLTZMAN. THANK YOU CHAIR. I WAS ON THE PLANNING COMMISSION. WE WE REVIEWED THIS IN 2020 2021. I CAN CONSULT WITH YOU AND TRY TO CAN STAFF REMIND ME AND MAYBE IT'S A LAPSE IN MY MEMORY WHEN WAS THIS PRO FORMA REQUIREMENT TO THE TIMELINE I DON'T REMEMBER THAT BEING PART OF OUR DISCUSSION OR MAYBE I FORGOT. SURE. CHAIR COMMISSIONERS THAT WAS THAT WAS DISCUSSED IN 2022 AND THE APPLICANT WAS SEEKING AN EXTENSION OF INTERVIEWS PERMIT AND WE'VE BEEN DISCUSSING YOU KNOW WE'RE IN CONCEPT SUPPORTIVE OF EXTENSIONS TO INTERVIEWS PERMITS BUT WE WANT TO SEE DEVELOPMENT HAPPEN INCREMENTALLY AND SO THE IDEA WAS HOW HOW COULD WE TRY TO ESTABLISH THESE MILESTONES TOO TO ESSENTIALLY HAVE THE INCREMENTAL DEVELOPMENT BUT UNDERSTANDABLY THERE'S APPLICANT'S PERSPECTIVE THAT IF PROJECTS ARE JUST NOT FINANCIALLY FEASIBLE THEY OR THEY OF COURSE DON'T WANT TO MOVE FORWARD WITH THOSE SO THAT I CAN'T REMEMBER EVERY DETAIL ON HOW WE ENDED UP WITH THE WORDS THAT WE ENDED UP WITH BUT THAT'S BUT IT WAS PART OF THAT 2022 INTERVIEWS PERMIT REVIEW I MEAN ASK ANOTHER QUESTION IN THE TIMELINE I READ THROUGH THERE'S A PHASE PRO FORMA BUT THERE'S NO PHASE TO PERFORM. I CAN CAN STAFF TALK TO WHY THEY DECIDED TO PUT A REVIEW OF THE PROFORMA AND PHASE ONE AND NOT PHASE TWO OR ANY OF THE OTHER SUBSEQUENT PHASES OF OH YEAH COMMISSIONER I THINK NAMELY PHASE TWO IS IS UNDETERMINED EXACTLY WHAT WE HAVE A PRELIMINARY DEVELOPMENT PLAN THAT MIGHT IDENTIFY USE BUT EXACTLY WHAT THAT LOOKS LIKE THE THE NUMBER OF UNITS THE SIZE OF THE DEVELOPMENT ARE ALL UNKNOWNS RIGHT NOW SO YOU DON'T HAVE ADEQUATE INPUTS TO PUT INTO A PRO FORMA TO DO THAT SORT OF SORT OF REVIEW AS IT REALLY IS FOCUSED ON PHASE ONE BECAUSE THAT'S THE PROJECT THAT WE'RE HOPING IS CONSTRUCTED IN THE NEAR FUTURE . COMMISSIONER CURRY, HOW LONG WAS THE I DON'T KNOW IF IT'S A FOUR I'M SORRY PRELIMINARY DEVELOPMENT PLAN. HOW LONG IS THAT GOOD FOR? GERALD COMMISSIONERS IT'S ACTUALLY AN INTERESTING QUESTION THE TRADITIONALLY PDP'S OR PLUTONIUM PLANS DO NOT EXPIRE BUT FINAL DEVELOPED PLANS DO AND THE FINAL DEVELOPMENT PLAN FOR PHASE ONE HAS EXPIRED. IT EXPIRED JUST IN APRIL. THERE WAS UP TO FOUR YEARS THAT WAS PERMITTED ORIGINALLY IT WAS TWO YEARS IT COULD HAVE A ONE YEAR EXTENSION AND THEN THE CODE WAS REVISED TO ALLOW A SECOND ONE YEAR EXTENSION SO FOUR YEARS POSSIBLE AND THIS PROJECT IS PHASE ONE HAS EXHAUSTED THAT THOSE EXTENSIONS THANKS COMMISSIONER COOKTOWN. THANK YOU MR.. MR. SINGH SCENARIO WHAT HAPPENS IF THE CITY COUNCIL DOES NOT MAKE THIS FINDINGS THAT THIS MEETS MARKET CONDITIONS GERMAN COMMISSIONER THAT THAT'S A REALLY GREAT QUESTION I THINK WE WOULD WORK WITH LEGAL STAFF AND COMING UP WITH THE NEXT STEPS BUT I DON'T REALLY HAVE AN ANSWER RIGHT NOW ON EXACTLY WHAT THE WHAT THE NEXT STEP WOULD BE WHAT GOING TO HAVE ADDITIONAL DO YOU WANT OKAY THANK YOU WHAT HAPPENS IF WE DO MAKE THESE FINDINGS WHAT'S NEXT IF WE GERMAN COMMISSIONERS IF WE DO MAKE OR IF THE CITY COUNCIL IS ABLE TO MAKE THAT DETERMINATION THEN THE CONSTRUCTION START DATE OF I THINK IT IS JUNE 30TH OF THIS YEAR GETS EXTENDED BY ONE YEAR. SO HYPOTHETICALLY IT WOULD BE EITHER THE APPLICANT WOULD BE MOVING FORWARD WITH THE BUILDING PERMIT OR THEY'D HAVE TO RESUBMIT AND GO THROUGH THE REVIEW PROCESS AND THEN SUBMIT FOR BUILDING PERMIT OR IF THEY AGAIN FEEL LIKE THIS IS NOT FINANCIALLY WE'D BE DOING SOMETHING SIMILAR NEXT YEAR UNLESS THE MILESTONES ARE REVISED SO THIS COULD GO ON IN PERPETUITY OR UNTIL THE INTERIM EXPERIMENT ENDS OR HOW DO WE TO REACH A RESOLUTION? SURE. THANK YOU, COMMISSIONER. THE INTERVIEWS PERMIT IS TILL 2027 AND SO HYPOTHETICALLY THIS ANNUAL REVIEW COULD GO UNTIL THE INTERVIEWS PERMIT EXPIRES OR SOME OTHER ARRANGEMENT IS APPLIED FOR AND APPROVED BY THE CITY. OKAY. AND IN 2027 THEN NEW AGREEMENTS WOULD BE DRAFTED AS WELL. PERHAPS NEW LAWS OBTAINED WOULD BE ENTERTAINED AS A CONDITION OF EITHER RECEIVING ANOTHER INTERIM THESE PERMIT OR THE CITY WOULD HAVE THE OPTION OF SAYING NO MORE OF THESE YEAH COMMISSIONER IS THAT WITH ANY SUBSEQUENT INTERVIEWS PERMIT WE HAVE CERTAIN FINDINGS OF FACT THAT WE HAVE TO MAKE AND AS PART OF THAT APPLICATION WE WOULD DOING A REVIEW AND STAFF WOULD BE PROVIDING RECOMMENDATION AND WHETHER THINK THOSE FINDINGS ARE MET AND THEN ULTIMATELY IT'S YOU KNOW THE CITY COUNCIL GETS TO DECIDE WHETHER THOSE FINDINGS ARE MET OR NOT AND IF THEY'RE NOT THEN WE HAVE TO TRY TO EVALUATE WHAT A TIMELINE FOR THE FOUR THAT USED TO END. SO IS THE CITY UNDER ANY OBLIGATION TO GIVE ANOTHER INTERIM USE PERMIT IN 2027? DO GERMAN COMMISSIONERS KNOW THERE IS THERE'S NO OBLIGATION THE CITY TO TO CONTINUE TO IMPROVE THE INTEREST OR ANY OR NO THE CITY COULD SAY NO NO MORE INTERIM USE PERMITS. YOU KNOW IT'S HARD TO SPECULATE EXACTLY WHAT WE WOULD WHAT WE WOULD HOW WE WOULD FIND INTERVIEWS FROM AN APPLICATION. AGAIN, WE REVIEW APPLICATIONS AS THEY COME IN BUT WE ARE UNDER NO OBLIGATION TO APPROVE VERY WELL. ASSISTANT CITY ATTORNEY TASK IT YEAH CHAIRMAN AND COMMISSIONERS I WOULD JUST SAY THAT YOU KNOW AS LONG AS IT'S AN INTERIM USE AND THAT DISTRICT THEY HAVE THE RIGHT TO APPLY FOR IT, WE HAVE TO MAKE A DETERMINATION THE CITY WOULD YES OR NO ON THAT. SO IT'S ALL ABOUT THEY CAN MEET THE FINDINGS OR NOT, RIGHT? SO THAT'S WHAT THEY WOULD HAVE TO DO TO I'M A LITTLE UNCLEAR ABOUT THE FINDINGS BECAUSE IT'S MY UNDERSTANDING THE CITY IS UNDER NO OBLIGATION TO PROVIDE ANY INTERIM USE PERMITS THAT'S A 100% OF THE CITY'S CITY'S DISCRETION SO THEY CAN APPLY. BUT CAN'T THE CITY JUST SAY NO ? LIKE WHAT? HELP COULD YOU TELL ME UNDERSTAND THE FINDINGS PIECE A LITTLE BIT BETTER? YEAH CHAIR AND COMMISSIONER COOKED AND IT WOULD BE SIMILAR TO A CONDITIONAL USE PERMIT A VARIANCE APPLICATION, ANYTHING LIKE THAT IT'S QUASI JUDICIAL SO NOT A LEGISLATIVE WHERE DISCRETION IS UNLIMITED. RIGHT. YOU'RE DISCRETION IS CONFINED TO THOSE FACTS AND WHETHER THE APPLICATION CAN MEET THOSE FACTS ARE IN THE ARE THE CRITERIA IN CITY CODE IF THEY CAN MEET THOSE I WE NEED AND CAN MAKE ALL THOSE FINDINGS THE CITY SHOULD ISSUE INTERIM USE PERMIT WE CAN'T SAY NO FOR ABSOLUTELY ANY REASON I KEEP USING WE AND I PROBABLY SHOULD AND THAT'S A FIGURE OF SPEECH AND I'M SORRY THANK YOU, COMMISSIONER GRAY THANK YOU. CHAIR ONE MORE QUESTION. I THINK BAKER TILLY IS A KIND OF A GOVERNMENT FINANCE CONSULTANT WHAT WHAT ESTATE CONSULTANTS OR REAL ESTATE EXPERTS DID THEY WORK WITH TO CONFIRM MARKET CONDITIONS? DO WE CHAIR COMMISSIONERS I I DO NOT HAVE NAMES AS TO TO THE THEY'RE NOT CONSULTANTS AND STUFF THAT THEY MIGHT HAVE REACHED OUT TO WITH REGARDS TO REAL BUT THEY DO A NUMBER OF FINANCIAL REVIEWS WITHIN STATE OF MINNESOTA AS WELL AS THE SURROUNDING STATES AND SO THEY ARE MUNICIPAL ADVISOR WHICH WE GO TO THEM WITH REGARDS WITH OF THIS ANALYSIS IF WE DON'T DO IT IN-HOUSE. AND SO THEY ARE OUR EXPERTS WITH REGARDS TO TO REACHING FOR THIS INFORMATION. OKAY. THANKS, MR.. THANK YOU SIR. COULD YOU GO BACK TO THE TIMELINE SLIDE OF THE CONDITIONS SORRY I DON'T KNOW WHO'S RUNNING THE SLIDE WAS THAT MR. KEEP GOING FORWARD OR MAYBE IT WAS MAYBE IT WAS IN THE STAFFROOM THE DOCKET. SO I GUESS THE QUESTION THAT I HAVE FOR STAFF IS SO WE HAVE A CONDITIONAL USE PERMIT. YES THANK YOU. WITH MULTIPLE MILES STONES TO COMPLETE BY SPECIFIC DATES ON SOME OF THOSE DATES BEEN SUBMITTED AND COMPLETED AND SOME ARE IN PROCESS. SO I GUESS A QUESTION THAT I HAVE WHAT HAPPENS TO A CONDITIONAL USE PERMIT IF IN THIS INTERIM USE I'M SORRY USE PERMIT IS WHAT HAPPENS TO THAT IF THE APPLICANT DOES NOT MEET THOSE MILESTONES DOES THE INTERIM CEASE TO BE VALID OR WHAT HAPPENS THEN YEAH THE COMMISSIONERS OF OH MR. TUSK YOU WILL BE ABLE TO PROVIDE MORE INFORMATION BUT THE INTERVIEW COULD BE INVALID IF THE THE MILESTONES ARE NOT MET . OF COURSE THE THE APPLICANT HAS ABILITY TO CURE ANY VIOLATIONS AND SO WE TRY TO BE REASONABLY FLEXIBLE ON ANY ISSUES THAT NEED TO BE CORRECTED ULTIMATELY IF IF THAT DOESN'T HAPPEN THEN THE CITY COULD TAKE ENFORCEMENT ACTION AGAINST APPLICANT THAT COULD LEAD TO FINES. COMMISSIONER GARY, IF I COULD JUST ADD TO THAT YOU KNOW ONE OF THE OTHER ENFORCEMENT MECHANISMS IS REVOCATION OF THE INTERIM USE PERMIT TRADITIONALLY WELL I DON'T HAVE A BACKTRACK AND I'M ONLY BEEN HERE A COUPLE OF YEARS BUT LIKE MIKE SAID, OUR CITY GENERALLY TRIES TO WORK WITH PEOPLE TO BRING PROPERTY COMPLIANCE BEFORE ANY OF THAT WOULD HAPPEN. BUT THAT'S THE OTHER OPTION IS THIS REVOCATION OF THE PERMIT. YOU HAVE TO HAVE A HEARING AND NOTICE THE CITY COUNCIL TO DO THAT. SO NOT SOMETHING THAT HAPPENS VERY OFTEN EVEN WITH COUPES OR ANYTHING LIKE THAT. MR. CURRY SO THE PHASE ONE PRO FORMA WE WERE BASING THIS A PRELIMINARY DEVELOPMENT PLAN, CORRECT? SO IT SEEMS TO ME LIKE THERE'S A LOT OF FLEXIBILITY IN THE PRO FORMA THAT'S DEVELOPED IF THERE'S NO SPECIFIC PLANS PUT TOGETHER YET. THAT'S CORRECT JERRY COMMISSIONER NOT QUITE SO THE PERFORMANCE BASED ON A FINAL PLAN AND SO THAT WAS A THAT WAS A OF A BUILDING THAT WAS DESIGNED IT WAS VERY FRANKLY IT WAS VERY CLOSE GETTING A BUILDING PERMIT. SO IT HAS EVERY IT HAS HAD ITS CONSTRUCTION DOCUMENTS COMPLETED. SO THERE IS ACTUALLY A VERY HIGH LEVEL OF DETAIL ON THE ELEMENTS OF THE BUILDING FOR THE FUTURE PHASES. HOWEVER THEN YES IT IS IT IS FUZZY I'LL JUST USE THAT TERM . MY APOLOGIES. I THOUGHT THIS WAS BASED ON A PRELIMINARY COMMISSIONER GOTTESMAN THANK YOU CHAIR JUST CLARIFY THIS WAS BASED ON A FINAL DEVELOPMENT PLAN THAT HAS BEEN EXPIRED. THAT'S CORRECT. HOW IS THAT POSSIBLE WITH THE TIMELINE THAT HAVE IN FRONT OF US COMMISSIONER THE FINAL VOTING PLAN WOULD HAVE TO BE REAPPLIED FOR IN ORDER TO PROCURE BUILDING PERMIT. IF I MAY A FOLLOW UP QUESTION HOW DOES THE TIMELINE THAT THE CITY PROVIDED AND TO HOW DID WE ALLOW THE FINAL DEVELOPMENT PLAN TO BE EXPIRED? THERE'S A IT CONSISTS SEASON HOUR TIMELINES YEAH THERE'S A COMMISSIONER THAT THAT'S CORRECT THE THERE'S CERTAIN ALLOWANCES FOR DEVELOPMENT APPROVALS AND THE TIMELINE FOR AN INTERIM USE PERMIT IS IS A SEPARATE TIMELINE THANK YOU. I THINK AGAIN THOSE OF US WHO HAVE SAT HERE FOR A WHILE THIS IS A SPECIAL PROJECT THEY'RE NOT ALONE IN THAT AREA OF TOWN WITH SPECIAL PROJECTS AND WE HAVE SEEN CHALLENGES. I THINK WE WE HAD A PROJECT AT BCS RECENTLY THAT ALSO FAILED TO MEET OUR VISION AND OUR EXPECTATION FAILED TO MEET OUR GOALS FOR MIXED USE RETAIL WITH RESIDENTIAL FAILED TO MEET OUR EXPECTATIONS AND OUR GOALS AND OUR HOPES WITH REGARD TO SETBACKS AND OTHER AND SO IT'S NOT A PASS ON THE SITUATION BUT IT'S AN AREA THAT WE CONTINUE WRESTLE WITH BECAUSE IT'S NOT IT'S NOT UNFOLDING THE WAY WE HAVE HOPED . I KNOW THAT ON THE WORK PLAN THIS YEAR THE STAFF ARE DOING ARE SCHEDULED TO DO WORK TO UPDATE THE DISTRICT PLAN OVER HERE. I ASSUME WE'RE STILL ON TRACK WITH THAT FOR THIS YEAR. THANK YOU. YES. AND SO I THINK IN THIS CASE I THINK WE HAVE THERE IS AN OPPORTUNITY WE HAVE A FINAL DEVELOPMENT PLAN THAT'S EXPIRED AND CANNOT BE EXTENDED. SO IT HAS TO START OVER. WE HAVE PRO FORMA BASED ON THAT THAT AGAIN WHILE THE DETAILS THAT ARE NONPUBLIC IT IS A PROJECT THAT DOES RETURN BUT DOES NOT RETURN AT THE LEVEL THAT WAS SPECIFICALLY OUTLINED IN HERE. AND YOU KNOW LIKE IT OR NOT HAT TIP TO THE APPLICANT FOR HAVING A NUMBER THAT WAS TO THEIR ADVANTAGE AND TRIGGERED THIS SITUATION. AND SO I THINK THE FACT THAT IT HAS EXPIRED AND THE FACT THAT SOMETHING NEW WOULD HAVE TO BE APPLIED FOR IS AN OPPORTUNITY TO RETHINK POTENTIALLY THE PROJECT AND YOU KNOW WE HAVE WE HEARD AND AGAIN IT WAS YOU KNOW VERY NEAR DEVELOPMENT AND THEN WE HAD THE PANDEMIC AND THEN WE HAD THE INCREASE CONSTRUCTION MATERIALS AND NOW WE HAVE THE HIGHER INTEREST RATES. MY AM NOT AN ECONOMIST I AM SOMEONE WHO HAS A MICROPHONE AT THE MOMENT AND SO MY OPINION IS THAT THE EASY CHEAP MONEY THAT WE'VE ENJOYED FOR 15 YEARS IS NOT COMING BACK. AND SO THE THE LOANS THAT WE'RE SEEING, THE INTEREST RATES WE'RE SEEING AND THE CONDITIONS WE'RE SEEING FOR FOR BORROWING ARE LIKELY TO STAY AS THEY ARE WHICH IN HISTORY IS ACTUALLY PRETTY NORMAL. SO I THINK THERE HAVE BEEN A SERIES OF THINGS BUT I THINK WE'RE A SITUATION WHERE SOMEONE'S GONNA HAVE TO FIGURE IT OUT, YOU KNOW I THINK UNLESS I CHANGE MY MIND IN A YEAR I WON'T BE HERE IN 2027 UNLESS MAYBE I'LL BE BACK MUCH TO SOME PEOPLE BUT YOU KNOW THE RETURN ON EQUITY ON AN EMPTY LOT IN 2027 IS ALSO SIGNIFICANTLY LESS THAN 6%. SO TO THE AFTER HAVING JUST OPINED FOR A WHILE MY SHORT THE ANSWER TO THIS IS THESE ARE THE MILESTONE AGREEMENTS THAT THE CITY AGREED TO AND THAT THE CITY SAID THAT THIS WOULD BE MEASURED AGAINST AND BECAUSE THAT IS WHAT THE CITY SAID IT WOULD BE MEASURED AGAINST WE ARE PRESENTED INFORMATION THAT IN MY ASSESSMENT HAS BEEN VALIDATED BY PEOPLE WHO ARE WAY SMARTER THAN ME IN THIS TOPIC AND THAT'S WHERE WE'RE AT AND WHAT HAPPENS NEXT. YEAH WE CAN WEIGH IN ON THAT WHEN IT COMES BACK. WE CAN, YOU KNOW, MAKE OUR RECOMMENDATIONS THE PORT AUTHORITY STAFF TO THE PLANNING STAFF. I THINK WE ALL I SHOULDN'T SAY SPEAK FOR EVERYBODY BUT I THINK WE GENERALLY ALL AGREE THAT WE WANT THIS TO BE SOMETHING DIFFERENT. WE HAVE, YOU KNOW, TWO OF THESE ONE OF THESE I THINK HAS BEEN PRETTY WELL ENGAGED. ONE OF THEM HAS NOT. AND SO IN SPITE OF WHERE WE ARE, WE HAVE THE ENGAGED IN OF US AND SO LONG STORY LONG YOU KNOW THE FINDING I SEE IN FRONT OF ME IS THE FINDING I SEE IN FRONT OF ME. COMMISSIONER KIRKLAND THANK YOU, MR. CHAIR. MR. SCHMIDT BEFORE I WRAP ON THIS DECISION. I'D LIKE TO ASK TO PROVIDE A LITTLE COMMENTARY WORKING WITH THE PORT. I IMAGINE YOU LOOKED AT THE PERFORMANCE FOR THE OTHER DEVELOPMENTS THAT ARE WITHIN THREE BLOCKS OF HERE THAT ARE EITHER CURRENTLY UNDER CONSTRUCTION ARE ALREADY OPEN OR WERE JUST PROPOSED WAS NOT MORE THAN A FEW WEEKS AGO WHERE WE HAVE PROJECTS ARE THE EXACT SAME SIZE EXACT WELL ONCE BIGGER BUT NO TALLER THERE OF THE SAME CONSTRUCTION TYPE THE SAME LOCATION ANECDOTALLY. IT'S IMPOSSIBLE FOR ME TO UNDERSTAND HOW THIS DOESN'T PENCIL AND I'M NOT AN EXPERT IN PERFORMANCE SO TO WHATEVER EXTENT YOU CAN HELP ME UNDERSTAND HOW THREE PROJECTS WITHIN TWO BLOCKS OF HERE HAVE PENCILED OUT AND THIS ONE DOESN'T. SURE. CHAIR COMMISSIONERS, I'M GOING TO SPEAK SO TWO TO THE TWO OF THE PROJECTS THAT I BELIEVE YOU'RE TALKING ABOUT ARE RIGHT ON THE BLOCK. BOTH OF THOSE MOVED FORWARD WITHOUT ANY FINANCIAL ASSISTANCE FROM THE CITY. THEY BOTH OF THOSE PROJECTS ONE OF THEM IS ACTUALLY HAD A NINE AS DOING THE AFFORDABILITY OIL STANDARD AT 9% OF THE UNITS AT 60% AMI AND THE OTHER PROJECT MOVED FORWARD BY PAYING THE FEE IN LIEU TALKING WITH BOTH OF THE DEVELOPERS THERE AS I STATED WE DID NOT REVIEW THOSE PERFORMANCE BECAUSE WERE NOT PART OF THOSE TRANSACTIONS BUT CURIOSITY ALWAYS WINS SO AND I HAVE A GOOD RELATIONSHIP WITH BOTH DEVELOPERS THAT MOVE FORWARD THOSE PROJECT TO UNDERSTAND HOW DID THOSE MOVE THEIR UNDERWRITERS THAT WERE ABLE TO SIGN OFF ON THEIR PRO FORMA THEY WERE ABLE SEEK AN INCENTIVE OR A HIGHER RATE OF RENT FOR THE VIEWS OF THE RIVER VALLEY COMPARED TO WHAT THE MARKET ARE WITHIN THE THE SOUTH LOOP AREA WHAT ARE SEEING AND ANALYZING TALKING SPECIFICALLY WITH MCGUFF PROPERTIES. SO THAT'S THE LATEST ONE THAT YOU GUYS JUST TALKED ABOUT WITH REGARDS TO BCS THAT CAME BEFORE YOU OFFER ENTITLEMENTS. WE CONTINUE TO REVIEW THAT FOR FINANCIAL ANALYSIS BUT ALSO LOOKING AT THE CARBON 31, THE AS WELL AS THE FENNELLY PROJECTS ALL THREE OF THOSE PROJECTS LOOKING AT THEIR THEIR MARKET RENTS THEIR MARKET ARE ABOUT 10 TO $0.15 LESS PER SQUARE FOOT THAN WHAT DEVELOPERS ARE ABLE TO GET DOWNTOWN MINNEAPOLIS AND MEDINA AS WELL AS IN EDEN PRAIRIE. THE SAME EXACT BUILDING CAN BE BUILT IN THOSE COMMUNITIES BUT I INCREASING THAT RENT BUT JUST BY THAT SMALL AMOUNT THAT 10 TO $0.15 PER SQUARE FOOT HAS A MAJOR IMPACT OF MAKING SURE THAT THOSE PROJECTS CAN MOVE FORWARD AND PENCIL OUT AND SO WHERE THE THE DISCREPANCY IS WITHIN THIS AREA IN WHICH THIS DEVELOPER IS SEEING WITH THE MCGUFF PROPERTIES AS WE'RE TO BE ABLE TO SEE THOSE PROJECTS AND CONTINUE TO MOVE FORWARD AS, WE DO HAVE AN ESTABLISHED TIFF DISTRICT WITHIN THAT AREA. IT IS A REDEVELOPMENT OF DISTRICT SO IT DOES NOT HAVE THE REQUIREMENTS OF DEEPER AFFORDABILITY WITHIN IT. WE DID PUT DEEPER AFFORDABILITY IN CARBON 31 THAT WAS 9% UNITS AT THE 60% AMI HOWEVER THE ROSA PROJECT HERE WE'RE LOOKING AT A HOUSING TYPE DISTRICT HOUSING TWO DISTRICTS REQUIRE 20% OF THE UNITS TO BE AFFORDABLE AT LEAST 50% AMI OR 40% OF THE UNITS AFFORDABLE AT 60%. WE WORKED WITH THE DEVELOPER HERE TO DO 20% AT 50% AMI PUT THAT IN CONTEXT WITH THE LOWER MARKET RENTS AS WELL IS WHAT'S REALLY CAUSING THIS GAP IN THIS AREA AN ANALYSIS JUST YOU KNOW, LOOKING AT IT AND NOT BEING A DEVELOPER YOU KNOW WE COULD LOOK AT HEY THEY PROBABLY COULD SCALE THIS BUILDING DOWN, DO A RECTANGULAR APARTMENT COMPLEX, MAYBE, YOU KNOW, 75, 100 UNITS BAREBONES, MAYBE THEY COULD GET THAT DEPENDS A LOT IF THEY WANTED TO YOU KNOW I, I DON'T HAVE ANY PLANS TO TO RUN THAT OR ANALYSIS OR IF THAT'S THAT THEY WOULD EVEN BE INTERESTED IN . BUT WE DO KNOW THAT WHEN THESE CAME FORWARD WITH THIS DESIGN BOTH I BELIEVE IT WAS BOTH PLANNING COMMISSION AND CITY COUNCIL AWARDED THE CHANGE IN THE APPEARANCE OF THIS APARTMENT COMPLEX COMPARED TO THE NUMBER OF OTHERS THAT HAD COME IN PREVIOUSLY. AND SO I KNOW THAT THE DEVELOPER WOULD LIKE TO CONTINUE TO MOVE FORWARD WITH THOSE PLANS. UNFORTUNATELY WE ARE IN A MARKET WHERE CURRENTLY THIS THE PLANS THAT THEY HAVE PRESENTED DO NOT PENCIL OUT BUT I WOULD ALSO WANT TO STATE TO JUST ON THE 6% CASH ON CASH RETURN I JUST WANT TO HIGHLIGHT THAT AS WELL THAT THAT ACTUALLY IS BELOW MARKET AS WELL. A LOT OF DEVELOPERS AND STUFF ARE LOOKING UPWARDS OF 8% CASH IN CASH RETURN THIS DEVELOPER SETTLED ON 6% WHEN WE WERE REVIEWING IT BACK IN 2020. DURING THAT TIME WE WEREN'T EVEN HITTING THE 6% AND THE DEVELOPER WAS STILL WILLING TO MOVE FORWARD BECAUSE THEY WERE REALLY CLOSE WITH THE ADDITIONAL GRANT MONEY THAT WE WERE SEEKING FOR THE PROJECT AND SO I JUST WANTED TO HIGHLIGHT THAT AS WELL THAT THAT 6% IT MAY SEEM LIKE A LOT BUT IN THE MARKET TERMS AS WELL AS THE RISK THAT A LOT OF THESE DEVELOPERS TAKE AS WELL AS THEIR EQUITY INVESTORS THEY ARE SEEKING AROUND AN 8% RETURN. THANK YOU, MR. SCHMIDT MR. CHAIR, I'D PROVIDE COMMENTARY NOW IF THAT'S OKAY. SO IF YES IF YES IF I CAN HAVE ONE OBSERVATION AS MR. SCHMIDT TALKED ABOUT DONATION QUALITY IN MY MEMORY IS THAT THAT WAS THE PREFERENCE, NOT THE COMMISSION'S PREFERENCE. BUT AGAIN SOMETIMES I BLURRED THE TWO SO VERY WRONG. I JUST WANT TO BE CLEAR THAT THAT WAS NOT A DIRECTION FROM THIS BODY AS I RECALL AN APPLICANT IN FRONT OF US FOR ONE OF THESE AND I THINK IT WAS THIS PROPERTY WHO THEY WERE UNWILLING TO TO CHANGE THE DEFINITION THE APP NOT NOT THE COMMISSION I CAN'T IMAGINE WE WOULD EVEN HAVE AN AUTHORITY LIKE THAT. SO ANYHOW I THINK WHERE WE'RE AT TONIGHT IS BECAUSE OF PAST DECISIONS THAT WERE MADE WHICH WE CAN'T REVERSE NOW IT'S I, I DIDN'T LIKE THE WAY WE'VE HANDLED THIS THE LAST NUMBER OF YEARS. IT WAS NOT MY PREFERENCE AT ALL TO BE HERE TO YOUR POINT WHEN WE SAW THE FIRST TIME IT WAS A REASONABLE EXTENSION BECAUSE OF COVID THE MARKET WAS UPSIDE DOWN. WE HAD NO IDEA WHAT WAS GOING ON AND THAT WAS REASONABLE. BUT THEN THE OF WOOD WAS TOO HIGH AND THEN THE INTEREST RATES WERE TOO HIGH AND THE LENDING MARKET ISN'T WORKING OUT AND I DON'T KNOW WHAT'S NEXT THE PRICE OF DISHWASHERS IS TOO EXPENSIVE. I CAN'T EXPLAIN WHAT WE'RE GOING TO HEAR NEXT AND WE WE BAILED THEM OUT WITH GIVING AN EXTENSION TO THE INTERIM USE PERMIT AND NOW WE'RE WITH WHERE WE'RE AT AND WE HAVE WRITTEN UP AN AGREEMENT THAT ALLOWS US EFFECTIVELY TO HAPPEN IN PERPETUITY SO LONG AS WE CONTINUE TO GIVE INTERVIEWS. AND I THINK THE ONLY I'M THINKING THE ONLY WAY I'M EVER GOING TO SEE THIS APARTMENT COMPLEX BEING BUILT IS IF I FINANCE IT MYSELF AND I JUST DON'T I DON'T KNOW IF THIS IS EVER GOING TO HAPPEN BUT. WE'RE STUCK WITH WHAT WE HAVE AND SO WITH THE APPLICATION BEFORE US I DON'T THINK I HAVE ANY ABILITY TO DO ANYTHING APPROVE IT BUT THAT'S CERTAINLY IN CONFLICT WITH THE WAY I FEEL ABOUT THIS ENTIRE DEVELOPMENT COMMISSIONER. GOTTESMAN THANK YOU. SO I THINK ALL THE STATEMENTS THAT I'M GOING TO MAKE ARE REALLY FOR THE OTHER COMMISSIONERS THAT WILL BE ON THE COMMISSION AFTER JUNE THIRD IS I'LL BE ROLLING OFF 20TH 20TH OH WELL LONGER THAN I THOUGHT. ALL RIGHT. WELL, I'M GONNA LET YOU TO LISTEN MANY TIMES AND I WROTE DOWN SOME THINGS THAT WE VE TALKED ABOUT AND I'LL STATE HERE SO JUST COMMENTS FOR STAFF HERE SO OBVIOUSLY HAVE A INCONSISTENCY IN OUR TIMELINE AND THE DEVELOPMENT PLANS AND THE MILESTONES. I'M NOT SURE WHAT CAN DO TO RESOLVE THAT INCONSISTENCY. I THINK IT'S ONE OF THE PIECES THAT NEEDS TO HAPPEN MAKE SURE THAT WE DON'T HAVE SOMETHING THAT'S EXPIRED WHILE WE'RE REVIEWING A PROFORMA THAT FOR A PRODUCT PROJECT WE CAN'T BUILD. RIGHT? SO GETTING THAT RESOLVED IS NUMBER ONE. THE OTHER THING I WOULD QUESTION IF WE HAD A PHASE ONE PRO FORMA, THERE WAS NO STIPULATION ON HAVING A PHASE TWO PERFORMANCE. I'M NOT IN SUPPORT OF HAVING A PHASE TWO PERFORMA BECAUSE IT'S JUST ANOTHER WAY FOR US TO DELAY. BUT THAT JUST KIND OF STOOD OUT TO ME AS BEING SOMETHING THAT I WONDERED ABOUT WHEN I REVIEWED THE STAFF REPORT. I REMEMBER US AS A COMMISSION TALKING OWNING PROPERTY AND OWNING PROPERTY IS A RISK. IT'S A RISK FOR THE OWNER, FOR THE DEVELOPER THAT THE CHANGES IN THE MARKET CHANGE IN DEVELOPMENT COSTS, CHANGE IN TRENDS IT'S EVERYTHING THAT THE PROPERTY OWNER ASSUMES WHEN THEY OWN A PROPERTY AND THIS PROPERTY OWNER HAS BEEN HAS BEEN UTILIZING A PROPERTY FOR 38 YEARS AS A TEMPORARY USE 38 YEARS WE'VE BEEN SAYING IT'S TEMPORARY TEMPORARY TEMPORARY WELL THEY REALLY HAVE VERY LOW BUDGET OPERATING COSTS AND VERY HIGH REVENUE AND HOW HAVE THEY REINVESTED IN THIS PROPERTY AND IT'S REALLY BEEN MINIMAL 38 YEARS FOR THIS TEMPORARY USE. IT'S TIME FOR US TO DEVELOP AND I UNDERSTAND THAT WE HAVE PUT OURSELVES IN THIS SITUATION AS A CITY AS YOU KNOW AMENABLE TO MAKING CONCESSIONS AND OF THEM HAVE BEEN OUT OF OUR CONTROL LIKE COVID AND OBVIOUSLY CHANGES IN MARKET. BUT THIS IS TIME IT'S TIME THAT WE AS A COMMISSION ENOUGH IS ENOUGH 38 YEARS OF A PARKING LOT IN A VERY VISIBLE PROPERTY, VERY HIGH VALUE PROPERTY WITHIN OUR CITY IT'S JUST IT'S AN THAT IT'S GONE ON THIS LONG THE THING THAT I STRUGGLE WITH IS WHEN WE WHEN THE WHEN THE APPLICATION FOR THE FINAL DEVELOPMENT PLAN WAS PRESENTED THE PERFORMA PENCILED OUT AND THE DEVELOPER TO WAIT TO BREAK GROUND INTO THE VERY LAST MINUTE IS WHAT I'M LOOKING AT FROM THE TIMELINE AND IF THEY WOULD HAVE TAKEN ACTION WHEN THE PERFORMA MADE SENSE WE WOULD HAVE UNDER CONSTRUCTION AND I STRUGGLE BECAUSE WHEN WE AS A COMMISSION SAT HERE WE SAID THIS IS YOUR LAST CHANCE, THIS IS YOUR LAST CONVERSATION. DON'T COME BACK TO US. AND I FEEL LIKE NOW THEY'RE BACK TO US AGAIN AND THAT'S JUST GOING TO HAPPEN AGAIN AND AGAIN. SO AGAIN FOR THOSE COMMISSIONERS THAT ARE GOING TO BE HERE AFTER JUNE 20TH, KEEP KEEP THE LITTLE EARWORM WHAT WAS THAT ABOUT BOX THE BEE IN THE VAN IT IF YOU COULD CONTINUE THIS FORWARD TO WHAT IT SHOULD BE IT NEEDS TO BE I'LL WATCH THOSE MEETINGS AND ROUTE YOU ON SO AS I HAVE TO I'M DONE. THANK YOU. ALL RIGHT. COMMISSIONER CURRY JUST EVERYBODY MIGHT ENJOY I THINK AT LEAST PEOPLE BE HAPPY IF THE IF UBER AND GO AWAY IN ONE MONTH EVERYBODY WILL BE HAPPY THAT THIS LOT STILL SITS HERE FOR NOW SO JUST LEAVE IT AT THAT SO WE ARE AT A POINT WHERE WE PROBABLY ARE SORRY INITIALLY SO I DON'T SEE ANY AND SO I DIDN'T WANT TO MISS YOU IF YOU HAD ANY COMMENTS BUT I THINK WE'RE PROBABLY AT A POINT WHERE WE ARE READY TO ONE WAY OR ANOTHER HAVE A MOTION. COMMISSIONER GORTON MR. CHAIR, I'D LIKE TO ASK A QUESTION AND I'M NOT SURE THE QUESTION IS TO SO I MEAN WITH WHAT WE'RE ASKED TO DO HERE IS TO MAKE A DETERMINATION THAT THE APPLICANT PRO FORMA IS THAT MARKET CONDITIONS AND RETURNS ARE INSUFFICIENT IS THAT IF THOSE IF THAT PROFORMA WAS BASED ON FILE DEVELOPMENT PLANS THAT ARE EXPIRED I MEAN IT'S ALMOST LIKE SAYING OH THAT CAR DRIVES GREAT BUT IT HAS NO TIRES ON IT LIKE IS IS CAN WE POSSIBLY THIS RECOMMENDATION IF THAT BUILDING COULDN'T EVEN BE BUILT WITH WHAT THE PERFORMANCE WAS DESIGNED TO HAVE I MEAN I'M STARTING TO QUESTION WHETHER I EVEN MAKE THIS FINDING BECAUSE I WOULD ASK THAT QUESTION OF EITHER STAFF OR OF ASSISTANT CITY ATTORNEY TASK JEROME AND COMMISSIONER AND I WOULD SAY THAT WE HAD RECENTLY VALID APPROVED FINAL DEVELOPMENT PLANS THE APPLICANT AT ANY TIME BRING THOSE BACK THROUGH THE PROCESS RE ENTITLE THEM THERE HAVE NOT BEEN ANY SIGNIFICANT CODE CHANGES THAT I'M AWARE OF THAT WOULD YOU KNOW A FINDINGS REVIEW ALTHOUGH WE WOULD HAVE TO REVIEW IT OVER AGAIN SO I THINK WE CAN PROCEED YOU KNOW BASED ON THAT ONE HAVING BEEN ENTITLED IN THE PAST AND THEN HAVING THE ABILITY TO COME BACK THROUGH IN THE FUTURE. YES SURE. I KNOW IT'S EXCESSIVELY DIFFERENT. MR.. BUT YOU LOOK AT THE WATERPARK AND THAT WAS LESS THAN FOUR YEARS OLD AND THAT PROJECT HAS CHANGED SIGNIFICANTLY FROM THE FIRST TIME IT WAS AND THEIR ENTITLEMENTS EXPIRED I THINK AND THEN THEY HAD TO REDESIGN IT AND SO PROJECTS DO CHANGE. I MEAN TECHNOLOGY'S CHANGED MATERIAL AVAILABILITY CHANGES LIKE, PROJECTS DO CHANGE. THEY DO OR THERE'S OIL I'M QUESTIONING WHETHER I MAKE THIS FINDING I THINK IT'S A FAIR QUESTION I WOULD SAY AT THIS POINT WE ONE WAY OR ANOTHER WE WOULD WANT A MOTION . COMMISSIONER GLEASON THANK YOU CHAIR I'M WITH COMMISSIONER CAPTAIN IT'S EXPIRED DEVELOPMENT PLAN IT DOESN'T I MEAN YES IT WAS RECENTLY VALID BUT IT IS EXPIRED SO HAVING A PERFORMA ON A PROJECT THAT'S EXPIRED DOES NOT MAKE SENSE TO ME SO I WON'T BE ABLE TO SUPPORT THAT COMMISSIONER I'M SURE I'M PREPARED TO MAKE A MOTION AND FORGIVE ME IF A LITTLE SLOW IN CASE PEEL 2022217 HAVING REVIEWED THE APPLICANT'S UPDATED PRO PHASE ONE PRO FORMA THE STAFF REPORT MEMORANDUM PORT AUTHORITY STAFF AND SUPPORTING DOCUMENTS I MOVE TO RECOMMEND THAT THE CITY COUNCIL DOES NOT MAKE IT THAT IF THE APPLICANT'S PRO FORMA IS THAT MARKET CONDITIONS AND ARE INSUFFICIENT AS DEFINED IN THE DEVELOPMENT MILESTONES ATTACHED TO THE CITY'S DECISION NOTICE DATED AUGUST 12TH 2022 SECOND THANK YOU WE HAVE A MOTION AND SECOND TO RECOMMEND THE CITY NOT MAKE A DETERMINATION THAT THE PERFORMER IS AT MARKET CONDITION CONDITIONS AND RETURNS ARE INSUFFICIENT. ANY FURTHER DISCUSSION SEEING THAT I WILL ASK THE STAFF TO CALL THE ROLE ROHMAN NO COMMISSIONER GOLTZMAN I VICE-CHAIR UPTON I COMMISSIONER MCGOVERN I COMMISSIONER CURRY I COMMISSIONER ISA I MOTION PASSES RIGHT THIS ITEM WILL MOVE ON TO THE CITY COUNCIL I DON'T HAVE A DATE ON MY SHEET BECAUSE NOR MAY 20TH THE MAY 20TH SO DECIDED WE'LL MOVE ON TO THE MAY 20TH CITY COUNCIL AGENDA . ALL RIGHT. ITEM NUMBER SIX IS A PUBLIC HEARING ON CITY CODE AMENDMENTS RELATED TO SPEED LIMITS. THANK YOU STAFF FOR YOUR WORK ON THAT PREVIOUS ITEM AND WE HAVE ENGINEER ROBERTS WITH US TO YOU I DON'T KNOW IF WE'RE HAVING ITEM SIX AND SEVEN IS ONE CONVERSATION OR IF THEY'RE ARE SEPARATE CONVERSATIONS. BUT I WILL SAY THEY'RE TOGETHER AS INDICATED BY THE TITLE SLIDE, MR. CHAIRMAN. PLUS ARE TOGETHER THEY'RE CONNECTE SO I'LL PRESENT ON BOTH OF THESE WE CAN TALK ABOUT BOTH OF THEM AND APPROVE AS SUCH. I'M KIRK ROBERTS, TRAFFIC AND TRANSPORTATION ENGINEER. APPRECIATE THE TIME TO BE WITH YOU TONIGHT. WE ARE HERE TO TALK ABOUT AS NOTED TWO ITEMS FOR SOME BACKGROUND COUNSEL TASKED STAFF WITH A COMPREHENSIVE REVIEW OF POLICIES AND PROCEDURES OF NEIGHBORHOOD TRAFFIC MANAGEMENT AND SPEEDS IN THE CITY AND WORK WAS COMPLETED ON THE NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN IN 2023 INCLUDING A RECOMMENDATION OF APPROVAL BY THIS COMMISSION AND COUNCIL ADOPTION OF THAT DOCUMENT. ONE OF THE THINGS THAT THAT DID WAS APPROVE A 25 MILE AN HOUR CITYWIDE SPEED LIMIT SO THAT'S A SPEED LIMIT WE WOULDN'T POST FOR BUT IT WOULD BE IN EFFECT ON ALL LOCAL STREETS IN THE CITY ONCE DECISION WAS IN HAND WE ADDRESSED MOVE TO ADDRESS THE SPEED LIMITS ON LARGER ROADS WHERE WE DO PUT THE SIGNS WE'RE BACK HERE TONIGHT TO TALK ABOUT THOSE CITY CODE CHANGES NEEDED TO IMPLEMENT ALL THAT AND THE ADOPTION OF AN OFFICIAL SPEED LIMIT MAP. AND SO IN CASE YOU HAVEN'T SEEN MUCH OF CITY CODE OR STATE STATUTE, THE CITY OF BLOOMINGTON IS A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA. THE LAWS AND THE RULES AND THE ORDINANCES THAT WE PASS TO BE CONSISTENT WITH STATE LAW THE AUTHORIZING LANGUAGE FOR SPEED LIMITS IS IN SECTION ONE 69.14. THAT'S WHERE ALL THE DRIVING RULES IN THE STATE ARE. I'M SURE YOU'VE COMMITTED THAT TO MEMORY AND READ THROUGH IT. IT'S IT'S INTRIGUING THERE ARE SPECIFIC APPLICATION SPECIFIC THAT WE HAVE TO DO WHEN WE ESTABLISH SPEED LIMITS. AND SO THAT'S WHY THE LANGUAGE LOOKS AS IT DOES. AND SO THE FIRST PROPOSED CODE CHANGE IN CHAPTER EIGHT IS TO ACTUALLY IMPLEMENT THE 25 MILE AN HOUR CITYWIDE SPEED LIMIT. ONE OF THE THINGS WE HAVE TO DO BY STATE STATUTE IS NOTIFY THE PUBLIC THAT AND SO WE WILL DO THAT THROUGH THE CITY WIDE SPEED LIMIT SIGNS. YOU SEE THESE OFTEN IN JURISDICTIONS LIKE MINNEAPOLIS AND SAINT PAUL THEY WENT WITH 20 BUT YOU PUT THESE AT ENTRY WAYS AND SO WE'LL ADD THESE TYPES OF SIGNS AT ENTRY WAYS ALL OVER THE CITY THAT COMES OUT TO ABOUT 75 NEW SIGNS TO THE 16,000 SIGNS WE HAVE ALREADY. THERE'S ACTUALLY SOME INTERESTING LEGISLATION AT THE STATE CAPITOL RIGHT NOW TO CHANGE THE DEFAULT SPEED LIMITS STATEWIDE TO 25 MILES AN HOUR. AND SO THAT WOULD BE THE ESTABLISHED MINIMUM AND CITIES COULDN'T VARY THAT IF THAT HAPPENS WE'LL JUST PULL DOWN THAT TOP PLAQUE ON ALL SIGNS AND WE'LL SAY SOMETHING LIKE STATE LAW A 25 MILE AN HOUR SPEED LIMIT AND I SUPPOSE IT'S SO WE'VE GOT A PLAN IN PLACE AT THAT LEGISLATION ADVANCES. THE NEXT THING THE CODE LANGUAGE DOES IS ESTABLISHED TWO MILES AN HOUR SCHOOL ZONE SPEED LIMITS ON CITY OWNED ROADWAYS AND IT INCLUDES IT AUTHORIZES THE CITY ENGINEER TO ESTABLISH THOSE WE ARE INTENDING TO STUDY AND IMPLEMENT SCHOOL ZONES FOLLOWING THIS CHANGE WE HAVE A COUPLE OPTIONS THE WAY THAT WE DO THAT WE CAN DO IT BY TIME OF DAY. WE CAN DO IT WHEN CHILDREN ARE PRESENT. DON'T THINK THAT'S TREMENDOUSLY EFFECTIVE. THOSE SIGNS THERE WE CAN DO IT WHEN FLASHING WE'LL PROBABLY HAVE A VARIETY OF WAYS THAT WE ACTUALLY IMPLEMENT THOSE SCHOOL ZONES AROUND THE CITY DEPENDING ON THE ROAD THAT THE SCHOOLS ON SPEEDS VOLUMES AND SO ON. ONE THING WE'RE LOOKING OUT FOR TOO IS HOW DO WE DEAL THE COUNTY ROADS. A LOT OF OUR SCHOOLS ARE ADJACENT TO COUNTY ROADS. THESE ARE HIGHER SPEED. THE COUNTY IS AMENABLE TO ESTABLISHING SCHOOLS ON SPEED LIMITS ON THOSE STATE LAW AGAIN APPLIES AND SO WE DON'T THE EXACT SPEEDS WILL ESTABLISH THOSE BUT THE CODE SETS THE LEGAL FRAMEWORK TO ALLOW US TO DO THAT. AND SO AS SOON AS THIS IS APPROVED WE WILL START ENGAGING WITH THE 24 PUBLIC SCHOOL FACILITIES IN THE NINE PRIVATE AND CHARTER SCHOOLS THE CITY TO START IMPLEMENTING THOSE THE COUNCIL HAS MADE IT CLEAR THAT THE SECTION OF 102ND STREET BETWEEN FRANCE AND NORMANDY IS THE FIRST PRIORITY AND SO WE'LL WORKING ON THAT. IN FACT WE ALREADY ARE ADVANCING WORK ON THAT IF YOU'RE FAMILIAR WITH THAT AREA THIS IS THE LAST REMAINING STRETCH OF FOUR LANE ROAD AND ON 102ND STREET THE OTHER CHANGE YOU'RE GOING TO MAKE TONIGHT HOPEFULLY AS YOU ADOPT THE APPROVED SPEED LIMITS MAP IT'LL TAKE THAT ROADWAY FROM 35 MILES AN HOUR CURRENTLY TO A 30 MILE AN HOUR SPEED LIMIT AND THEN WE'LL HAVE THE SCHOOL ZONES ON TOP OF THAT THIS HAS BEEN AN AREA OF CONSTANT STRUGGLE FOR 40 PLUS YEARS. THERE'S AN ELEMENTARY SCHOOL, A MIDDLE SCHOOL ON THE OLSON CAMPUS AND THEN THERE'S THE JEFFERSON HIGH SCHOOL AND SO WE HAVE ABOUT A ROADWAY WITH ABOUT A HALF MILE OF AREAS JUST CONTINUOUS THAT'S ITEM SIX. ITEM SEVEN THIS IS THE OFFICIAL AS SOON AS THE THE PLANNING COMMISSION AND THE COUNCIL THE 25 MILE AN HOUR SCHOOL OR EXCUSE ME SPEED LIMIT ON LOCAL STREETS WE ADVANCED A SET OF SPEED LIMITS ON LARGER ROADWAYS AND THAT'S THE MAP THAT YOU SEE HERE. WE PUT THIS MAP OUT ON THE WEB NOVEMBER 1ST FOR PUBLIC COMMENT AND THE THE CORRESPONDENCE THAT WAS RECEIVED THROUGH THAT FOR A DRAW LETALK BLOOMINGTON PAGE AND THROUGH STAFF WAS PROVIDED TO YOU WITH YOUR COUNCIL PACKAGE IS THE VARIETY FEEDBACK WE GOT AND YOU'VE SEEN THIS MAP BEFORE SO I WON'T BE LABOR IT BUT SUFFICE TO SAY IT PROPOSES A SET OF POSTED SPEED LIMITS BETWEEN 25 MILES AN HOUR UP TO 35 MILES AN HOUR ON THE LARGER ROADWAYS IN THE CITY WE ARE ASKING FOR A RECOMMENDED ACTION OF APPROVAL ON THIS OFFICIAL MAP AS YOU'LL NOTICE THE CODE CHANGES. THIS OFFICIAL MAP IS KEPT ON FILE FOR INSPECTION BY THE PUBLIC AND THE CITY ENGINEER'S OFFICE IN TRUTH IT WON'T BE A PAPER COPY OF A MAP LIKE THAT. WE JUST DON'T DO THAT ANYMORE . IT'S ACTUALLY A LAYER IN OUR MAPPING OUR GAS MAPPING SYSTEM BUT IT'S ALWAYS FOR THE PUBLIC FOR INSPECTION. THE NEXT STEPS CITY COUNCIL ON MAY 20TH FOR THE FINAL CODED OPTION FINAL MAP AND THEN APPROVAL OF OUR BUDGETS ONCE HAVE THAT IN HAND, CREWS BEGAN WORKING TO MODIFY AND REMOVE ABOUT 400 SIGNS THROUGHOUT THE CITY ABOUT 500 STAFF HOURS. WE'LL START THAT WORK AS SOON AS WE HAVE ACTUALLY THAT WORK IS UNDERWAY BUT WE WILL START DOING THOSE SIGNS AS SOON AS WE HAVE FINAL APPROVAL. ONE OF THE THINGS WE'RE ALSO ASKING IS FOR SOME CONSULTANT HELP WITH OUTREACH AND ENGAGEMENT. IT'S A LARGE CHANGE AND WE NEED TO GET THE WORD OUT ABOUT I DON'T THINK I'M ALONE IN THE SENSE THAT SPEEDING BECOME A SIGNIFICANT ISSUE IN MINNESOTA WE'VE DEVELOPED QUITE THE SPEED CULTURE AND WE NEED SOME HELP IN GETTING THE MESSAGE OUT AND THEN WE WILL CONTINUE TO WORK THROUGH OUR SCHOOL AREAS. WE'VE APPROACHED THE STATE ABOUT FUNDING THAT WORK, HELPING DEVELOP SOME PLANS AND DO THAT IMPLEMENTATION BECAUSE WE HAVE SOME FAIRLY COMPLEX AREAS WE'RE AWAITING RESULTS ON THAT AND. WE SHOULD KNOW THAT IN THE NEXT FEW WEEKS HERE AND THEN COMPLETE A CAMPUS BY CAMPUS LOOK AT THOSE THAT'S GOING TO TAKE TIME AGAIN 102ND STREET IS FIRST UP AND THEN WE'LL BEGIN ENGAGING WITH SCHOOLS THROUGHOUT THE REMAINDER OF THE CITY AND HELPING UNDERSTAND WHAT THEIR PATTERNS ARE AND HOW WE CAN MODIFY THE SCHOOL ZONES TO DO THAT IN TERMS OUTREACH AND ENGAGEMENT, AS I SAID, WE'RE LOOKING FOR CONSULTANT HELP ENGINEERS AREN'T THE COMMUNICATORS AND WE'D LIKE SOME HELP ON THAT FRONT TOO. AND JUST TO EDUCATE THE PUBLIC ABOUT THE NEW SPEED LIMITS AND THEN YOU KNOW, HOPEFULLY RAISE SOME AWARENESS THAT THIS IS A COMMUNITY WHERE PEOPLE LIVE HERE WE LOVE WHERE LIVE AND THAT'S IMPACTED THAT'S DIMINISHED WHEN PEOPLE SPEED POLICE ARE ALSO LOOKING TO DO SOME REAL TIME ENFORCEMENT PURCHASING A COUPLE OF TRAILERS AND SOME SPEED SIGNS TO PROVIDE ENFORCEMENT OR RADAR INFORMATION ABOUT THEIR SPEEDS. WE'LL REALLY FOCUS ON THE SCHOOL AREAS TRANSITION AREAS BETWEEN DIFFERENT SPEED LIMITS, SCHOOL ZONES AND PROBLEM LOCATIONS AND THEN ENFORCEMENT IS GOING TO BE ON THE MENU THIS SUMMER. WATCH YOUR SPEED, COMMISSIONERS. THAT'S WHAT I HAVE SO YEAH ITEM SIX I'M RICK I'M LOOKING FOR A RECOMMENDATION THAT THE CITY COUNCIL ADOPT THE CHAPTER EIGHT CODE AMENDMENTS THAT ENABLE TO CHANGE THE SPEED LIMITS AS WELL AS THAT YOU RECOMMEND THAT THE CITY COUNCIL ADOPT THE PROPOSED SPEED LIMITS MAP AND I'M HAPPY TO TAKE QUESTIONS. THEY'LL WANT TO MAKE AN OBSERVATION FOR THIS GROUP. WE DID HAVE THIS ITEM BEFORE THE VOTE. THIS BODY WAS NOT IN FAVOR OF THAT BUT THE CITY COUNCIL IN A SENSE DIRECTED THAT. SO THE DIRECTION OF THE CITY COUNCIL THAT THIS IS THE DIRECTION THAT THE CITY IS GOING. SO OUR JOB IS TO REVIEW THE CODE AMENDMENTS AND THE MAP TO ENABLE THAT CITY COUNCIL DIRECTION. AND MY OTHER QUESTION I HAD A QUESTION FOR IS THE CITY COUNCIL THEY REVIEW THIS ON OR THEY ACT ON THIS ON MAY 20TH. WILL THAT ACTION HAVE AN EFFECTIVE DATE OR BY DEFAULT IS THE CODE GOING TO AFFECT IMMEDIATELY REGARDLESS OF SIGNAGE? MR. CHAIRMAN, THANKS FOR THAT CLARIFICATION. ON THE THE PLANNING COMMISSION RECOMMENDATION VERSUS WHAT THE COUNCIL ULTIMATELY ADOPTED AND APPRECIATE THAT IN TERMS OF YOUR QUESTION, IT WILL NOT BE EFFECTIVE. THE SIGNS ARE POSTED NO LAW, NO TRAFFIC. LOCKETT IT'S PARKING OR SPEED LIMITS OR ANYTHING LIKE THAT. IT CAN ACTUALLY TAKE EFFECT UNTIL SIGNS ARE UP. AND SO THE FIRST THING THAT WE ARE COORDINATING BETWEEN CITY CREWS AND HENNEPIN COUNTY CREWS TO DO SIGNAGE IS THE 25 MILE AN HOUR AND TWO WAY SPEED LIMIT SIGNS. SO ONCE THOSE SIGNS ARE UP THAT BECOMES EFFECTIVE. SO THERE IS GOING TO BE A PERIOD BETWEEN WHEN THE COUNCIL ADOPTS THIS CODE AND WE GET THOSE SIGNS UP WHERE IT'S IT'S NOT EFFECTIVE YET GIVEN THOSE RELATIVELY SMALL NUMBER OF SIGNS THAT PROBABLY HAPPENS IN A DAY OR TWO YELL AT WHICH TIME WE SHOULD HAVE ALL THOSE OUT QUESTIONS FOR STAFF COMMISSIONER GOLDSON THANKS CHAIR HAVE A FEW QUESTIONS. SO YOU HAD TIMES POSTED IN THOSE SCHOOL ZONES. QUESTION FOR YOU IS ARE THOSE TIMES REALLY BASED ON THE AND END TIMES OF THE SCHOOLS THE INDIVIDUAL SCHOOL OR WILL IT BE MORE GENERIC OF YOU KNOW, A LONGER STRETCH BECAUSE I KNOW SOME SCHOOLS START AT NINE AND SOME START AT 940. HOW ARE YOU? YES, SOME SOME START BEFORE EIGHT. WHAT'S THE APPROACH FOR THOSE SCHOOL SIGNS? IS IT GOING TO BE A LARGE BREATH OF TIME OR ARE YOU GOING TO DO IT SEGMENTED BY WHAT THE SCHOOL START AND STOP TIMES? MR. CHAIRMAN COMMISSIONER GOLDEN THE IT'S A GOOD. THE GENERALLY WE WOULD WANT TO DO THAT FOR A LARGER WINDOW SO THAT YOU LOWER SPEEDS WHEN ARE ARRIVING AND LEAVING SCHOOL SO IT WOULD BE SCHOOL HOURS PLUS SOME MAJOR HALF AN HOUR OR 45 MINUTES OR AN HOUR DEPENDING ON WHEN PEOPLE ARE COMING AND GOING. IF WE USE SIGNS AND THOSE SIGNS AREN'T GOING TO BE EFFECTIVE OR USEFUL ALL SITUATIONS. ONE OF THE ISSUES I HAVE WITH THOSE SIGNS IS YOU KNOW, YOU'RE A DRIVER. YOU CAN ONLY TAKE IN SO MUCH INFORMATION. WE REALLY WANT YOU FOCUSED ON THAT SCHOOL AREA. AND SO NOW YOU'RE READING A SIGN HAS SEVERAL LINES OF INFORMATION THAT YOU'RE TRYING TO PUT THEIR THEIR OWN PROBLEMS. SO WE WILL USE THEM IN SOME CONTEXT AND WE WILL PROVIDE A MARGIN THAT WE WE LOWER SPEEDS WHEN KIDS ARE COMING AND GOING SCHOOL. THE OTHER ONE WE HAVE AN OPTION FOR IS WHEN CHILDREN ARE PRESENT AND THAT'S EFFECTIVE. YOU KNOW, ANY TIME THERE'S KIDS ON THE ROADWAY TO THOSE COME WITH THEIR OWN RAFTER PROBLEMS. WHAT I'M MOST HOPEFUL ABOUT AND YOU DIDN'T ASK THIS BUT WHAT I'M ON OUR LARGER ROADWAYS FRANCE AVENUE FOR INSTANCE THERE'S A LOT GOING ON. IT'S A VERY HIGH SPEED 102ND STREET SAME THING IS THAT WE CAN JUST REVERT TO TO FLASHING BEACONS SO THAT SCHOOL ZONES PRESENT WHEN THOSE BEACONS ARE AND THOSE BEACONS CAN BE PROGRAMED, YOU KNOW, YEARS IN ADVANCE. SO THEY TAKE ACCOUNT HOLIDAYS AND DAYS WHEN THEY DON'T APPLY AND SO ON OUR BIGGER MOST COMPLICATED ROADS THAT'S WHAT I'M HOPEFUL WE CAN USE AND WE'RE LOOKING TO THE STATE TO HELP PAY FOR THAT. IF I MAY JUST A FOLLOW UP THAT QUESTION. SO IT WOULD BE SCHOOL BY SCHOOL SPECIFIC IT WOULDN'T BE A FULL CITYWIDE 7 TO 10 TO ACCOMMODATE FOR ALL SCHOOL START TIMES? COMMISSIONER GOLDMAN THAT'S CORRECT. I WOULD LOOKED AT THE NEEDS OF THAT FACILITY. THE SCHOOL DISTRICT MAINTAINS A VARIETY FACILITIES IN BETWEEN ELEMENTARY SCHOOLS TUCKED BACK IN NEIGHBORHOODS WHERE. WE MIGHT NOT EVEN NEED A SCHOOL ZONE IN SOME OF THOSE NICER, QUIETER AREAS ALL THE WAY UP TO AN ADULT LEARNING CENTER WHERE YOU KNOW WHEN PEOPLE COMING AND GOING FROM THAT WE KNOW THERE'S SOME AND WE WANT TO MAKE THEM SAFE BUT . WHAT WHAT ARE THE EFFECTIVE HOURS AND SO TO BE AS EFFECTIVE AS WE CAN THAT'LL BE A SCHOOL BY SCHOOL SITUATION. IF I MAY FOLLOW UP ON ANOTHER QUESTION HERE. WHEN WE REVIEWED THIS AS AS A STUDY ITEM, THERE WAS SOME TALK ABOUT THE BUDGET THAT THIS PROJECT WOULD ENTAIL. CAN YOU TALK A LITTLE BIT ABOUT WHAT THAT BUDGET IS? DOES IT INCLUDE AND AND WHAT DOES IT NOT INCLUDE FOR EXAMPLE AS WELL? HMM. CHAIRMAN COMMISSIONER GOLDMAN. SO RIGHT NOW WHAT WE ARE ASKING FOR BUDGET FOR IS THERE'S A LOT OF EQUIPMENT AND MATERIALS NEEDED THAT ARE ABOVE AND BEYOND WHAT WE WOULD TYPICALLY DO IN A YEAR. SO THAT WOULD PAY FOR SIGNAGE. IT WOULD PAY FOR SOME OF THE THE THE SPEED RADAR TRAILERS POLICE TO USE. IT'S LIKELY GOING TO PAY FOR SOME STAFF TIME GIVEN HOW QUICKLY WE HAVE TO DO THIS AND THE LIMITED STAFF WE HAVE. THERE'S LET'S SEE ALSO FOR SOME CONSULTANT HELP WITH THAT COMMUNICATIONS ENGAGEMENT AND AND SO I THINK THAT'S THOSE ARE THE PRIMARY AREAS ASKING FOR BUDGET FOR RIGHT NOW. THANK YOU CHAIR. I VAGUELY REMEMBER THERE WAS ANOTHER VEHICLE THAT WAS PART OF THE BUDGET AS WELL. IS THAT STILL THE CASE? MR. CHAIRMAN? FISHER GOLTZMAN THERE IS A IN THE MIX RIGHT NOW FOR THE POLICE TO HELP THEM WITH GETTING THE TRAILERS AND THE AROUND THE SPEED TRAILERS THAT THEY'RE CONSTANTLY THEY'RE OUT SETTING THEM UP RIGHT NOW. YOU SEE THEM AROUND THE CITY. YES. SO THERE IS A IN THAT. THANK YOU. MY INSTINCT WOULD BE THOSE EXPENSES AROUND THE SPEED TRAILERS AND LIKE THAT SOMETHING THAT WE PROBABLY SHOULD HAVE REGARDLESS OF THE SPEED LIMIT IN THE CITY. I KNOW I DON'T KNOW HOW MANY PEOPLE LISTEN TO THE COUNCILMEN BUT FREQUENTLY THE MAYOR ESPOUSES THAT THE MOST COMMON COMPLAINT THAT HE RECEIVES IS ABOUT SPEED. SO WHETHER SPEED LIMIT IS 25 OR 45, THE SPEED TRAILERS ARE PROBABLY A GOOD IDEA IF THEY'RE EFFECTIVE. MR. CURRY NATURE I MEAN WAS THIS PROPOSED AT THE SAME TIME AS A TRAFFIC PLAN AS WELL OR WAS THAT A SEPARATE? WAS THAT A SEPARATE CONVERSATION THAT WE HAD? YEAH. MR. CHAIRMAN, MR. CURRY THAT THEY WERE TOGETHER THEY CAME FORWARD TOGETHER. THE CITY COUNCIL TASKED US WITH TAKING A COMPREHENSIVE LOOK AT TRAFFIC AND NEIGHBORHOOD SPEEDS IN NEIGHBORHOODS AND SO WE HAD TWO MAIN EFFORTS WITH THAT. ONE IS OUR PROGRAMS RELATED TO TRAFFIC MANAGEMENT, TRAFFIC CALMING. SO WE TOOK A COMPREHENSIVE LOOK AT THOSE ALL OF THOSE PROGRAMS ARE BASED ON SPEED LIMIT ON WHAT YOUR SPEED LIMIT IS ON LOCAL ROADS. AND SO THAT WAS OBVIOUS AND OBVIOUS DECISION WE HAD TO MAKE COMING OUT OF THAT IS WHAT SHOULD BE OUR DEFAULT SPEED LIMIT. SO THEY CAME FORWARD, CORRECT. OKAY. SO THE TRAFFIC PLAN IS KIND OF CONTINGENT ON THE OUTCOME THIS THEN. MR. CHAIRMAN, COMMISSIONER CURRY, YOU KNOW THE SPEED LIMIT, THE 25 MILE AN HOUR SPEED LIMIT WAS DECIDED PREVIOUSLY BY THE COUNCIL BE 25 MILES AN HOUR AND THE QUESTION TONIGHT FOR YOU FOR ADOPTION IS THAT THE LARGER ROAD SPEED LIMITS MAP AND IT'S A WELL IT'S OBVIOUSLY THE CHAPTER EIGHT. OH, YOU'RE RIGHT. OKAY. THANK YOU. THERE ARE QUESTIONS FOR STAFF COMMISSIONER GOTTESMAN. THANK YOU CHAIR FOR ALL MY QUESTIONS. YOU HAD MENTIONED THAT THE STATE IS DISCUSSING CHANGING THE RULES AROUND MINIMUM SPEED LIMIT. DO YOU KNOW WHAT THE TIMELINE IS OF THAT THAT WILL RUN THE PERIOD OF THE LEGISLATIVE SESSION AND THEY DON'T HAVE SPECIFIC DATES. JULIE LONG THE CITY ENGINEER COULD HELP WITH THOSE SPECIFIC DATES. I JUST KNOW THAT THERE WAS A BILL INTRODUCED TO THAT ON MONDAY 20TH SO UNLESS IT PASSES IN THE NEXT 11 DAYS IT WOULD BE NEXT SESSION. OKAY. THANK YOU. OTHER QUESTIONS FOR STAFF. THANK YOU. THESE ITEMS ARE PUBLIC HEARINGS AND MY DO I NEED TO HAVE SEQUENTIAL OPENING AND CLOSING OF PUBLIC HEARINGS OR MAY I HAVE ONE PUBLIC HEARING FOR BOTH ITEMS? DO WE THINK THANK YOU. WE I WAS ADVISED BY LEGAL COUNSEL THAT I CAN HAVE ONE FOR BOTH SO ALL OF THE PEOPLE IN THE AND ONLINE WE WILL OPEN THE PUBLIC HEARING FOR ITEM SIX AND RELATED THE CITY CODE AMENDMENTS AND ITEM SEVEN RELATED TO THE ADOPTION OF THE SPEED MAP. AND SO I WOULD INVITE ANYONE WHO'D TO SPEAK ON ONE OR BOTH OF THOSE ITEMS TO COME FORWARD AND SIGN IN AND INTRODUCE YOURSELF AND YOU'LL HAVE 3 MINUTES. OKAY. MY NAME IS SHANNA SWANSON. I AM THE MOTHER OF TWO AMAZING CHILDREN. EZRA, WHO IS A FIFTH GRADER AT ALSTON ELEMENTARY AND LEVI WHO IS CURRENTLY IN THIRD GRADE. I AM HERE TO DISCUSS MY CONCERNS ON ALONG 102ND ENGINEER ROBERTS IS AWARE OF VERY MUCH AWARE BETWEEN AVENUE AND NORMANDY BOULEVARD BECAUSE OF THOSE THREE SCHOOLS THERE. EZRA THE SCHOOL PATROL HE'S ALMOST BEEN HIT TWICE ACTUALLY THREE TIMES TWICE ALONG 102ND THIRD NEAR MISS HAPPENED IN THE SCHOOL PARKING LOT. TWO WERE ON PATROL AND ONE WAS WHEN HE WAS WALKING HOME CROSSING 102ND. THE FIRST TIME WAS WHEN HE WAS TRAINING LAST YEAR AS A CROSSING GUARD. I GOT A CALL FROM MR. MEYER PRINCIPAL THAT THANKFULLY ANOTHER TEACHER YANKED HIM OF THE WAY WHEN A CAR ALMOST HIT HIM TURNING INTO OLSON'S DRIVEWAY. WHILE I'M GRATEFUL FOR THE CITY AND THE COUNCIL AND THE COMMISSION FOR THE IMPROVEMENTS THAT WERE MADE LAST SUMMER TO RECONFIRM TO THE SIDEWALKS AND ENTRANCE THAT OLSON ELEMENTARY MORE NEEDS TO BE DONE. IN JANUARY EZRA WAS WALKING HOME FROM SCHOOL. HE WAITED AT THE CROSSWALK UNTIL HIS TURN UNTIL IT WAS TURN HIS TURN TO CROSS 102ND STREET AS HE BEGAN TO CROSS THE STREET OUT OF THE CORNER OF HIS EYE HE SAW A CAR COMING AT HIM WHICH WAS MOVING VERY FAST THAT WAS RUNNING THE RED LIGHT. HE WAS ABLE TO QUICKLY TURN AROUND AND GET BACK ON THE SIDEWALK FOR SAFETY. TODAY HE STILL HAS TRAUMA CROSSING THE STREET ENGINEER ROBERTS DIDN'T TALK ABOUT A HAWK. SOME OF THE THINGS WE TALKED ABOUT WHICH A HAWK RETROFITTING THAT CROSSWALK WITH A HAWK CROSSWALK. I MET WITH I WAS ON SITE TODAY WITH PRINCIPAL MEYER AND, THE ENGINEER'S ASSISTANT MULLEN AND THE DISTRICT THE SCHOOL DISTRICT OPERATIONS DIRECTOR TO TALK ABOUT TRAFFIC FLOW AROUND 102ND WITH ALL THREE SCHOOLS AS WELL AS IN THE PARKING LOT OF OLSON ELEMENTARY. NOW I KNOW THAT'S NOT YOUR JURISTIC SO I WON'T ADDRESS THAT BUT IN THE LAST YEAR THAT I'VE BEEN STUDYING THIS FROM WHAT I UNDERSTAND AND THIS IS WHERE MY FRUSTRATION COMES IN AS A PARENT 102ND STREET HAS BEEN UNDER STUDY FOR DECADES AND I DON'T UNDERSTAND WHY IT'S 2024. WE DON'T HAVE SCHOOL ZONE SPEED LIMITS ACROSS THE CITY. EVERY OTHER HAS SCHOOLS ON SAFETY SPEED LIMITS. WHEN I TALKED TO PRINCIPAL MEYER AND, I THINK ANNA'S ALSO A TRAFFIC ENGINEER AND AND THE DISTRICT'S OPERATIONS PERSON I FORGOT HIS NAME. I THEY SAID AFTER WE TOURED AND I TOLD THEM THE CHILDREN WHERE THE NEAR-MISSES HAPPENED WE A DISCUSSION AND THEY HAD SAID THAT THEY HAD BEEN THEY'VE BEEN IN THE ROLES FOR OVER A DECADE. LIKE MANY CITY OFFICIALS I'M LEARNING AND WHICH ISN'T A BAD THING BUT IT'S BEEN UNDER STUDY FOR TWO DECADES. MY NEIGHBOR WHO IS MY AGE A GENERATION STUDENT AT OLSON AND JEFFERSON SAID OH YEAH WHEN I WAS GROWING UP KIDS GOT HIT ALONG 102ND ALL THE TIME. I DON'T UNDERSTAND WHY THIS HASN'T BEEN A PRIORITY. WE'RE TALKING ABOUT KIDS LIVES. WE'RE NOT TALKING ABOUT I'M SORRY WE'RE NOT TALKING ABOUT PRODUCTS WE'RE SELLING. WE'RE TALKING ABOUT LIVES . LET'S HEAR. SO I GUESS ESSENTIALLY I DON'T I IN SOME WAYS I FEEL LIKE I'VE BEEN GETTING THE RUNAROUND. I DON'T KNOW WHERE TO GO. I TALKED TO THE CITY. I ATTENDED A CITY COUNCIL LISTENING SESSION IN JANUARY. THE CITY PROMISED ME THAT THEY WOULD BRING THIS MATTER UP WITH THE SCHOOL DISTRICT. THAT DIDN'T HAPPEN. I FOLLOWED WITH THEM. THE SCHOOL DISTRICT ALLEGES IT WAS THE CITY AT THE END ANYWAY IT DIDN'T HAPPEN. I FOUND OUT TONIGHT YOU GUYS ARE TALKING ABOUT SCHOOL ZONE SAFETY LIMITS AND I CAME HERE . I GUESS WHAT I WANT TO END IS THAT ALTHOUGH ALL OF THE PROPOSALS AND THE STUDIES ARE GREAT, THEY'RE JUST STUDIES. THERE'S ACTION. I'M NOT FAMILIAR WITH GOVERNMENT SO MAYBE IT'S MY NAIVETE IN HOW INNER WORKINGS OF BUREAUCRACY AND I KNOW THAT IT'S COMPLICATED WITH THE CITY AND THE SCHOOL DISTRICT AND THE 102ND STREET IS A COUNTY ROAD. I JUST ASK YOU TO PUT YOUR FOCUS HERE AND HELP BREAK DOWN BARRIERS TO MAKE. I'M SICK OF STUDIES FRANKLY. I JUST WANT ACTION. I WAS TOLD BY CITY COUNCIL IN JANUARY THAT THOSE SCHOOL SIGNS WOULD GO UP IN THE SPRING. THOSE SCHOOL ZONES SAFETY ZONE SIGNS. AND I'M ACTUALLY QUITE CONFUSED BECAUSE WHEN I SPOKE TO ANNA THIS AFTERNOON WE WERE ON SITE I ASKED HER ABOUT THOSE SCHOOL SAFETY ZONES AND SHE SAID THAT FUNDING HAS NOT BEEN SECURED. THEY HAVE NOT EVEN APPLIED FUNDING MAYBE YOU KNOW, AND THEY'RE STUDYING IT MORE. THEY'RE STUDYING THE STUDYING THE STUDYING AND I HAVE I MEAN 102ND STREET HAS BEEN UNDER STUDY FOR YEARS. IN 2009, 2013, 2014, 2011, 2023 I JUST ASKED THAT WE STOP STUDYING AND WE ACTUALLY DO. THANK YOU FOR YOUR TIME AND ATTENTION YOUR COMMITMENT TO THE SAFETY AND WELL-BEING OF OUR COMMUNITY. VERY APPRECIATED. THANK YOU. THANK YOU. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM SEEING NO ONE ELSE IN THE CHAMBER AND NO ONE ELSE ON LINE, I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING SO MOVED SECOND SECOND. THANK YOU. WE HAVE A MOTION AND SECOND TO CLOSE THE PUBLIC HEARING ANY DISCUSSION OF OUR STAFF TO CALL THE ROLL. CHAIR ROHMAN I. COMMISSIONER GOTTESMAN HI VICE CHAIR KIRKLAND HIGH COMMISSIONER MCGOVERN HIGH COMMISSIONER CURRY I COMMISSIONER ISA I MOTION. THANK YOU. THE PUBLIC HEARING IS CLOSED. BEFORE WE GO ON DISCUSSION. I WILL JUST HAVE A COUPLE OF MY OWN OBSERVATIONS. THANK YOU FOR THE STAFF TO THE STAFF FOR THE TIME YOU INTO THIS. I THINK THIS IS ONE OF MANY LAYERS OF THAT. I KNOW QUITE FRANKLY YOU'RE PROBABLY TAYLOR HEARING FROM ME AFTER FIVE YEARS AND 11 MONTHS ON THIS BODY BUT. IT'S A LITTLE BIT OF WHAT WE HEARD FROM THE PUBLIC TESTIMONY. WE ARE A CITY THAT WAS DESIGNED AROUND FOR AND FOR THE CONVENIENCE OF . SOMEONE MADE A DECISION THAT THEY THOUGHT IT WAS A GREAT IDEA PUT THREE SCHOOLS IN A SHORT PERIOD OF SPACE WHICH SEPARATE FROM THE ISSUE OF THE CITY BEING DESIGNED AROUND AUTOMOBILES WE. DON'T YOU KNOW IF MANY OF YOU HAVE HEARD ME TALK ABOUT SIDEWALKS? WE WERE SIDEWALKS WERE A TERRIBLE THING BECAUSE NO ONE WOULD EVER IMAGINE WALKING ANYWHERE IN A SUBURB IN THE FIFTIES AND SIXTIES OF COURSE YOU ARE GOING TO DRIVE HERE YOUR LARGE VEHICLE AND EVERYWHERE YOU COULD GO. AND SO ONE OF THE THINGS WE'VE TALKED ABOUT THAT I'VE TALKED ABOUT IS AGAIN OUR STREET STANDARDS, OUR STREETS POLICY CONTINUES TO PRIORITIZE STREETS THAT ARE 32 FEET WIDE WITH PLENTY OF ROOM TO PARK ON BOTH SIDES WHICH WE DON'T DO A LOT OF BECAUSE UNTIL RECENTLY WE REQUIRED TWO CAR GARAGES AND TWO OR FOUR CAR DRIVEWAYS AND SO MY MY OBSERVATION WITH THIS IS THAT IS STARTING TO CHANGE AND I IT IS STARTING TO SAY THE FACT THAT WE ARE HERE IN FRONT OF US TO RECOMMEND CODE AMENDMENTS THAT FOR THE FIRST TIME EVER HAVE A PROVISION FOR SCHOOL ZONES AS FAR AS I CAN TELL AND THAT WE ARE FOR THE FIRST TIME HAVING CONVERSATIONS ABOUT, YOU KNOW . WE'VE SEEN SOME DIFFERENT STREET THINGS ALTHOUGH I THINK A RECENT ONE WHERE WE HAD AN OPPORTUNITY AND OVERLOOKED A NARROW STREET WE DIDN'T PRESENT AN OPTION FOR THE COMMUNITY TO CONSIDER A SIDEWALK AND THAT'S THAT THE AGE OLD THE SIDEWALK DOESN'T CONNECT ANYTHING BUT NO ONE WANTS TO BE THE FIRST ONE TO PUT THE SIDEWALK IN AND SO AGAIN, THOSE OF YOU WHO WILL BE HERE AFTER JUNE 20TH, YOU KNOW, KEEP PUSHING ON GETTING OUR STREETS POLICY REVISED AT CIRCA 22. I THINK A LOT OF THINGS KNOW THESE THINGS DIDN'T EXIST IN 2002 AND THAT SEEMS LIKE A LIFETIME. AND SO I SAY THAT ONLY BECAUSE WHAT WE HEARD FROM THE MEMBER OF THE PUBLIC IS THAT THINGS DO SOMETIMES MOVE NOT AS FAST AS WE WOULD LIKE THEM TO BUT I AM I AM SEEING PROGRESS ON THIS UNFORTUNATELY. IT'S FIXED. IT DOES TAKE TIME BUT I THINK VOICES WHO CONTINUE TO ADVOCATE FOR THAT IS WHAT WILL HELP KEEP THAT VIOLET SHORT VERSION OF THIS. I YOU KNOW THIS IS PRETTY STRAIGHTFORWARD. I CAN SUPPORT IT. OTHER DISCUSSION COMMISSIONER CURRY THANK YOU CHAIR. I'M SORRY I DIDN'T GET THE SPEAKER'S NAME. SHANNON THANK. THE RECOMMENDATION WAS THE SCHOOL ZONE SPECIFICALLY ARE THE SIGNS SPECIFICALLY THAT I GUESS IT WAS ALL OF THE ABOVE AND YES. IS THAT WHAT YOU'RE SAYING? YES. THE PUBLIC HEARING IS CLOSED. OKAY I KNOW. WELL, I KNOW. SO THEN ARE WE ACHIEVING WITH THIS WITH THIS PROPOSAL HERE ARE CREATING THE FRAMEWORK BY WHICH THIS SPECIFIC THING THE FRAMEWORK BY WHICH SCHOOL ZONES CAN BE IMPLEMENTED WHICH AND TO BEFORE TODAY I DON'T BELIEVE WAS THERE WAS NO PROVISION FOR THAT IN CITY CODE BEFORE THIS. YEAH. AND THEN WE TALKED ABOUT SOME DATES THAT THE SIGNS WOULD BE INSTALLED FOR THE 25 FOR THE 25 BUT NOT FOR THE SCHOOLS NOT THE SCHOOLS AND I DON'T KNOW IS THIS THE STAFF HAVE AN ANTICIPATED TIMELINE FOR THAT OF THE STUDY. SORRY IF I COULD ASK MR. ROBERT'S BACK UP. MR. CHAIRMAN. COMMISSIONERS AND SO ON 102ND STREET THE DECISION ISN'T ABOUT ARE WE? AREN'T WE? WE ARE GOING TO IMPLEMENT THE SCHOOL ZONES. IT'S JUST HOW DO WE DO THAT? AND SO WE'RE ADVANCING ON THAT WORK RIGHT NOW IF THE COMMISSION WOULD LIKE A STATUS UPDATE IT SOUNDS LIKE THERE'S WE'RE GOING TO BE LOSING A COUPLE OF COMMISSIONERS ON I THINK YOU SAID JUNE 20/20 WE'LL TRY TO HAVE SOMETHING BEFORE THAT TO YOU SEPARATE FROM THAT IF I COULD SEPARATE FROM THAT STATUS, IS THERE ANY ANTICIPATED TIME HORIZON FOR THAT TO BE IMPLEMENTED BY THE START OF THE NEXT SCHOOL? SO BY SEPTEMBER, YEAH. SO OVER SUMMER MONTHS WE'LL PUT THAT INTO PLACE AND I KNOW YOU WERE SUPER CURIOUS IT BUT ON THE END OF ONE IN MY OWN EXPERIENCE THE BEACON AS FAR MORE EFFECTIVE SO YOU CAN SLEEP WELL TONIGHT KNOWING THAT I APPRECIATE FEEDBACK. COMMISSIONER GRAY THANK YOU. THANK YOU, CHAIR SO JUST TO CONFIRM SO THE SIGNS WILL BE GOING IN BEFORE THE START OF NEXT SCHOOL YEAR AT THAT F 102ND ZONE. OKAY. AND I IMAGINE THERE'S WE HAVE SCHOOLS, PUBLIC SCHOOLS, WE HAVE PRIVATE SCHOOLS. IT'LL TAKE TIME TO GET THROUGH ALL OF THEM BUT IT SOUNDS LIKE THE NUMBER ONE PRIORITY IS THE 102ND STRETCH. IT SEEMS IT SEEMS VERY FEASIBLE STAFF IS INTENDING. THE COMMITMENT THAT I HEARD IS THAT IT WILL BE IN PLACE BEFORE SCHOOL STARTS IN SEPTEMBER. OKAY GREAT. SOUNDS GOOD. JUST WANTED TO CONFIRM THAT THAT WAS GETTING DONE. THANK YOU. OTHER DISCUSSION COMMISSIONER GOLSON. THANK YOU CHAIR. JUST A FEW COMMENTS HERE. THANKS TO STAFF FOR FOR PUTTING THIS TOGETHER AND PRESENTING IT TO US THE ONE THING I WANTED TO COMMENT ESPECIALLY ACKNOWLEDGING THE RESIDENTS COMMENTARY IS THAT THE CITY'S ABILITY TO CONTROL SPEED LIMITS WITHIN THEIR THEIR OWN CITY WAS A RELATIVELY NEW CHANGE. WHEN I STARTED COMMISSION FIVE YEARS AND 11 MONTHS AGO THIS WASN'T EVEN AN OPTION FOR THE CITY HAVE A DIFFERENT CITY CITY WIDE OR DIFFERENT SPEED LIMIT ON CITY STREETS. SO IT'S RELATIVELY NEW AND I'M EXCITED TO SEE US ACTUALLY IMPLEMENT THIS A THOUGHTFUL WAY. IT'S ONE TOOL IN THE TOOL BELT AS CHAIR ROHMAN MENTIONED THERE ARE OTHER TRAFFIC CALMING OPTIONS THAT AVAILABLE TO TO THE TRAFFIC DEPARTMENT AND I THINK SPEED LIMITS IS ONE YOU KNOW, OBVIOUSLY A HUNDRED AND SECOND THINKING ABOUT. THERE ARE OTHER THINGS THAT COULD BE DONE TO SLOW DOWN TRAFFIC BY YOU KNOW, LOTS OF STUDIES RIGHT TO TO YOU KNOW HAVE NOT FOUR LANES YOU KNOW HAVING TURN LANES DIFFERENT TYPES OF CROSSWALKS THERE'S A LOT OF DIFFERENT THINGS THAT CAN BE DONE AND SO YOU KNOW, IT'S PRIORITY NOW. SO I'M LOOKING TO SEEING THINGS BUT I'M EXCITED TO SEE THIS TOOL JOIN THE TOOL BELT. I THAT'S EVERYTHING AT HAND. YEAH. THANK YOU. COMMISSIONER CRAIG SO THANK YOU CHAIRMAN. JUST ONE MORE THOUGHT JUST LOOKING AT THIS I IF WE'RE GOING TO GO BACK TO TRAFFIC CALMING AT SOME POINT IN THE NEAR FUTURE THIS SEEMS LIKE AN OBVIOUS PLACE WHERE IT MIGHT MAKE SENSE TO LOOK AT JUST GOING DOWN TO SINGLE LANES WITH YOU KNOW A ON EACH SIDE INSTEAD OF HAVING TO SORT OF HAVING FOUR LANES ACROSS AS COMMISSIONER GOLTZMAN JUST MENTIONED SO THAT'S I GUESS THAT'S SOMETHING I'LL BE LOOKING FOR IN THE NEXT NEXT TIME WE DEAL WITH TRAFFIC CALMING. THE OTHER DISCUSSION OR I WOULD ENTERTAIN MOTION ITEM SIX QUESTIONER GOLTZMAN IF I MAY I'D LIKE TO MAKE A MOTION PLEASE. I RECOMMEND THAT THE CITY COUNCIL ADOPT THE CHAPTER EIGHT CODE AMENDMENTS FOR SPEED LIMITS. SECOND, THANK YOU. WE HAVE A MOTION ON A SECOND TO RECOMMEND TWO AMENDMENTS. ANY FURTHER DISCUSSION NOW? STAFF TO CALL THE ROLL CHAIR ROHMAN I COMMISSIONER GOLTZMAN I VICE-CHAIR COOKSON HIGH COMMISSIONER MCGOVERN HIGH COMMISSIONER CURRY HIGH COMMISSIONER ISSA I MOTION PASSES. THANK YOU. I WOULD LIKE TO MAKE A MOTION ITEM SEVEN COMMISSIONER COOKSON MR.. I RECOMMEND THAT THE CITY COUNCIL ADOPTED THE PROPOSED SPEED LIMIT MAP SECOND THANK YOU. A MOTION ON THE SECOND TO RECOMMEND ADOPTION OF MAP. ANY FURTHER DISCUSSION OF OUR STAFF TO CALL THE ROLE CHAIR ROHMAN HIGH COMMISSIONER GOTTESMAN I VICE-CHAIR COOKSON I. COMMISSIONER MCGOVERN I. COMMISSIONER CURRY I. COMMISSIONER ISA HI. MOTION PASSES ALL RIGHT. THESE ITEMS WILL MOVE ON TO THE JUNE 3RD CITY COUNCIL MEETING AS A PUBLIC HEARING. THANK YOU FOR YOUR JUST FOR THE TEAM FOR YOUR WORK ON THIS. JUST A CLARIFICATION ON THE COUNCIL MEETING. IT'LL BE MAY 20TH. OH SHE IS WRONG. IT'LL BE ON THE MAY 20TH PUBLIC HEARING AT THE CITY COUNCIL MEETING. THANK YOU. ALL RIGHT. ITEM EIGHT. THIS IS A RARE TREAT FOR THE COMMISSION. WE HAVE A PUBLIC HEARING ON ON CITY CODE AMENDMENT AND THE PRESENTER IS PLANNING MANAGER MARKEGARD. OH YES. JEROME COMMISSIONERS I'M GOING TO BE FILLING IN ON THIS ONE. SO RECALL THAT WE'VE HAD A FAIR AMOUNT OF DISCUSSION ON ENVIRONMENTAL CODE AMENDMENTS AND WE'RE HERE BEFORE YOU TONIGHT WITH THE PROPOSED ORDINANCE THAT WOULD AMEND THE CITY CODE REGARDING SLOPES AND TREE PRESERVATION. THIS AN ITEM ON YOUR 2024 WORK PLAN? AND WE HAD A STUDY DISCUSSION BACK IN FEBRUARY THAT MOVED ON TO THE CITY COUNCIL IN FEBRUARY AS WELL AND WE RECEIVED DIRECTION TO MOVE FORWARD. YOU PROBABLY REMEMBER THIS SLIDE FROM OUR DISCUSSION IN FEBRUARY. WE LOOKED AT VARIOUS OPTIONS FOR TREE PRESERVATION, FOR SLOPES AND FOR WILDLIFE AND HABITAT THE ITEMS THAT ARE BOXED AND GREEN WERE DIRECTED BY THE CITY COUNCIL TO MOVE FORWARD WITH AND ITEMS IN RED WERE SET ASIDE AND THE DETERMINATION WAS NOT TO MOVE FORWARD WITH THOSE ITEMS. SO IN TREE PRESERVATION BASICALLY CODE AMENDMENTS MORE OF THE CLEANUP AND CLARITY VARIETY IN TERMS OF SLOPES REFINING ADDING A DEFINITION AND ADDING STEEP BEST PRACTICES AND THEN ON WILDLIFE AND HABITAT THE DIRECTION WAS FOR EDUCATION FOR LOW DENSITY RESIDENTIAL PROPERTY WITH EMPHASIS ON LOW COST OR NO COST EDUCATION AND OPPORTUNITIES. SO I'LL TALK ABOUT EACH OF THOSE TONIGHT IN TERMS OF THE PROTECTION KEY AMENDMENTS BEFORE YOU ARE CHANGING THE TITLE FROM STEEP SLOPES TO SOMETHING LIKE PROTECTION ADDING REFERENCES TO BEST MANAGEMENT PRACTICES WITHIN STEEP AREAS AND THEN CROSS-REFERENCED IN FORMATTING UPDATES IN TERMS OF TREE PRESERVATION, THE KEY AMENDMENTS BEFORE YOU TONIGHT INCLUDE AN ENHANCED PURPOSE SECTION NEW DEFINITION OF NON-NATIVE BENEFICIAL TREES AND THEN AN ACCOMPANYING STANDARD THAT WOULD REQUIRE NO MORE THAN 50% OF THE TREES BE NON-NATIVE BENEFICIAL THE OTHER 50% BEING NATIVE. NEW DEFINITION OR REVISED DEFINITION AND SIGNIFICANT TREE JUST REFORMATTED FOR BETTER UPDATED REFERENCES FOR LICENSE VERSUS CERTIFIED PROFESSIONALS DEPENDING ON WHEN THAT'S APPLICABLE. CLARIFICATION ON WHEN CERTAIN STANDARDS ARE APPLY AND THEN CHANGING THE TERMS SUBDIVIDED AND SEVERAL SPOTS TO A LANDOWNER OR APPLICANT. SO NOT BEFORE YOU TODAY BECAUSE THEY'RE NOT CODE AMENDMENTS BUT JUST BY WAY OF UPDATE ON WILDLIFE AND HABITAT EDUCATION THERE HAVE BEEN MEETINGS SINCE FEBRUARY TURN ON AND SEVERAL PROJECTS EDUCATION PROJECTS ARE UNDERWAY THROUGH OUR BLOOMINGTON TOMORROW TOGETHER STRATEGIC PLAN IMPLEMENTATION PROCESS SPECIFICALLY UNDER THE THEME OF HEALTHY COMMUNITIES. WE HAVE A MICRO-BUSINESS THAT'S WORKING ON AMONG MANY OTHER THINGS A NATURAL RESOURCE MANAGEMENT PLAN A STORMWATER MANAGEMENT PLAN THAT BOTH INCLUDE SOME EDUCATION COMPONENTS AND THEN WE HAVE ANOTHER MICRO-BUSINESS TEAM WORKING ON AN ECOLOGICAL LAND STEWARDSHIP PROJECT WHICH SPECIFICALLY INCLUDES EDUCATION FOR PROPERTY OWNERS ON CONTROLLING INVASIVE SPECIES, PLANTING TREES, PLANTING POLLINATOR GARDENS AS WELL AS OTHER ITEMS THEN NEW THIS YEAR PARKS AND RECREATION DIVISION STARTED A NATURALISTS PROGRAM THROUGH THE BLOOMINGTON PARK SYSTEM. WHERE NATURALISTS WILL TALK ABOUT VARIOUS GERMANE TOPICS SUCH AS PRAIRIES AND POLLINATORS, INVASIVE PLANTS MONARCH BUTTERFLIES, INSECTS, BIRDING ETC.. AND THEN JUST THIS WEEK MAY 6TH THE CITY COUNCIL ADOPTED NEW STANDARD FOR MANAGE NATURAL LANDSCAPING AND AND LARGE CITYWIDE SO THAT IS NOW IN PLACE SO WE DO RECOMMEND APPROVAL OF THE ORDINANCE BEFORE YOU TONIGHT AND I'M HAPPY TO ANSWER QUESTIONS. THANK YOU. QUESTIONS FOR STAFF QUESTIONER COOKTOWN. THANKS, MR. CHAIR. MR. MACGREGOR, COULD YOU GO BACK TO THE SORT OF THE RED GREEN GO NO GO THIS ONE HERE. IS THIS WITH THE PLANNING COMMISSION? SO THE CITY COUNCIL WHAT WE HAD RECOMMENDED OR WERE THEY DIFFERENT? JEROME AND COMMISSIONER COOKED AND THAT'S A VERY GOOD QUESTION THAT I AM NOT 100% SURE ON THIS LOOKS VERY FAMILIAR TO ME AS BEING WHAT THE PLANNING RECOMMENDED BUT I'M NOT 100% ON THAT. OKAY. THANK. OTHER QUESTIONS FOR STAFF. I KNOW THE WILDLIFE SLIDE AND I KNOW YOU SAID THAT ESSENTIALLY THE DIRECTION WAS CHEAP AND WE HAVE A NUMBER OF THINGS HERE ABOUT HOW WILDLIFE DID. WAS THERE ANY DISCUSSION AMONG STAFF OR AMONG OTHER AREAS ABOUT WILDLIFE THAT ARE IN THE CITY? BUT WE DON'T NECESSARILY WANT TO ENCOURAGE COYOTE DEER THINGS OF THAT NATURE. THIS IS SOME OF THE THINGS WE DO WANT PROMOTE AND ENCOURAGE BUT THE THINGS THAT MAYBE ARE EITHER DANGEROUS OR DESTRUCTIVE IS THERE ANY PIECE OF THAT IN HERE? JEROME AND THERE ARE PIECES THAT BUT SEPARATE FROM FROM THE DIRECTION OF THIS FOR EXAMPLE, HISTORICALLY THE CITY HAS HAD PERIODICALLY DEER REMOVAL PROGRAMS. IT'S BEEN A FEW YEARS ON THAT BUT WE MONITOR DEER COMPLAINTS. DEER CORACLE TO HELP INFORM YOU KNOW WHEN, IS THAT NEEDED? I KNOW IN THE PAST AT ONE POINT CITY HAD A GEESE REDUCTION PROGRAM. THAT'S THAT'S BEEN YEARS AGO BUT SEPARATE FROM THAT KIND OF HABITAT AND WILDLIFE EDUCATION PROGRAMS. AND DO WE HAVE ANY. YEAH THIS IS PROBABLY DEEPER THAN WE NEED TO GO ON THAT AND I WAS AT THE STATE SESSION THIS IS MY FAULT. DO WE HAVE ANY THING THE CODE AROUND YOU KNOW DEER WILL FIND IN OTHER ANIMALS WILL FIND THINGS IN GARBAGE CANS OR AND THAT'S ONE THING BUT DO WE HAVE ANYTHING IN CODE ACTIVE LIKE PEOPLE WHO FEED WILD AND THAT THERE'S ANY PROHIBITION ON THAT OR DISCOURAGEMENT OF THAT. YEAH JOURNAL ROHMAN THAT'S A GOOD QUESTION AND IF THERE IS NOT AWARE OF IT. OKAY. THANK YOU. OTHER QUESTIONS FOR STAFF CITY IS THE APPLICANT SO AND THIS ITEM IS A PUBLIC HEARING SO THIS WILL BE PRETTY SURE IT WILL OPEN THE PUBLIC HEARING. THERE IS NOBODY IN THE CHAMBERS WHO ISN'T STAFF SO NOBODY ONLINE I DON'T THINK IS A STAFF QUICK CHECK NOW SO A MOTION TO CLOSE THE PUBLIC HEARING SO MOVED SECOND DISCUSSION SEEING THAT WOULD ASK STAFF TO CALL THE ROLE. CHAIR ROHMAN I. COMMISSIONER GOTTESMAN I VICE CHAIR COOKTOWN HIGH COMMISSIONER MCGOVERN HIGH COMMISSIONER CURRY HIGH COMMISSIONER LISA I MOTION PASSES THANK YOU. THE PUBLIC HEARING IS CLOSED. ANY DISCUSSION ON THIS ITEM IF I MIGHT JUMP IN REAL QUICK. I DID SOME RESEARCH CHAIRMAN AND COMMISSION ON THE ISSUE OF FEEDING WILD ANIMALS IS PROHIBITED BYITY CODE 12.12 TO NARA NUISANCE CHAPTER SO CANNOT IT'S A PUBLIC NUISANCE TO FEED WILD ANIMALS AS DEFINED IN THE CITY CODE SO THAT GOES ON BUT IT IS PROHIBITED SO A PUBLIC NUISANCE MEANS JUST GET A STERN GLARE CORRECT. YEAH WE'D WE'D SEND YOU A SERIES OF NOTICES AND IF IT GOT TO THE FINE YOU COULD BE ISSUED A CITATION. BUT WE TRY TO AVOID NOT A CRIMINAL OFFENSE. OKAY, ANY FURTHER DISCUSSION ON THIS ITEM OR MOTION? COMMISSIONER MCGOVERN, IN CASE IN APPEAL 202448I MOVE TO RECOMMEND THE ADOPTION OF AN ORDINANCE CHAPTERS 19 AND 21 UPDATING AND CLARIFYING TREE PRESERVATION AND PROTECTION STANDARD. SECOND, THANK YOU. WE HAVE A MOTION AND A SECOND TO RECOMMEND ORDINANCE UPDATES ANY FURTHER DISCUSSION. SEEING THAT I WOULD ASK STAFF TO CALL THE ROLL CHAIR ROHMAN I COMMISSIONER GOLTZMAN I VICE CHAIR COOKED AND I COMMISSIONER MCGOVERN I. COMMISSIONER CURRY I. COMMISSIONER ISA HI. MOTION PASSES ALL RIGHT. THIS ITEM WILL APPEAR ON THE JUNE 3RD CITY COUNCIL AGENDA AS A PUBLIC HEARING. JUST CHECKING BECAUSE I HAD A COUPLE OF OTHER THAT WERE ON JUNE 3RD. ALL RIGHT. ITEM NUMBER NINE IS APPROVAL SEVERAL MEETINGS, HOUSES. THE FIRST ONE IS FROM FEBRUARY 15TH AND COMMISSIONER CURRIE ABSENT FOR THAT. SO ENTERTAIN A MOTION QUESTION IN MR. CHERRY MOVED TO APPROVE THE DRAFT PLANNING COMMISSION MEETING SYNOPSIS FEBRUARY 15TH 2024 IS PRESENTED SECOND THANK YOU HAVE A MOTION AND A SECOND ANY DISCUSSION BUT OUR STAFF TO CALL THE ROLL CHAIRMAN HIGH COMMISSIONER GOLTZMAN I VICE-CHAIR KIRKLAND HIGH COMMISSIONER MCGOVERN I COMMISSIONER ESSER I MOTION ARE RIGHT TO QUESTION HER DID YOU GET CALLED ON THAT TO BE HERE OR NOT? OKAY FAIR ENOUGH. I WAS NOT ALL RIGHT. I'M FINE. THAT'S OKAY. THAT ONE HAS TO ABSTAIN. OKAY, SO NEXT TIME WE'LL DO THE NEXT ONE WE'LL GET A SECOND CHANCE AT THIS. THE NEXT ONE IS MARCH 21ST AND COMMISSIONER ALBRECHT AND I WERE NOT PRESENT. MR. CHAIR LADIES, MARCH 7TH IS NEXT TIME APPARENTLY OF TAPPED WELL THEY'RE OUT OF ORDER AND MY DOCKET MARCH 7TH IS NEXT AND COMMISSIONER ISSA WAS NOT PRESENT IN A MOTION QUESTION AND I TO APPROVE THE DRAFT PLANNING COMMISSION MEETING SYNOPSIS FROM MARCH 7TH 2024 IS PRESENTED SECOND. ALL RIGHT WE HAVE A MOTION THE SECONDS TO ADOPT THE MARCH 7TH MEETING SYNOPSIS ANY FURTHER DISCUSSION I'VE OUR STAFF TO CALL THE ROLL CHAIR ROHMAN I COMMISSIONER GOLTZMAN I VICE-CHAIR COOKMAN I COMMISSIONER MCGOVERN I COMMISSIONER CURRIE I. COMMISSIONER ISA ABSTAIN. MOTION PASSES ALL RIGHT AND NOW WE THE MARCH 21ST MEETING SYNOPSIS COMMISSIONER ALBRECHT AND MYSELF WERE ABSENT. QUESTION THEN I MOVED TO APPROVE THE DRAFT PLANNING MEETING SYNOPSIS FOR MARCH 21ST 2024 AS PRESENTED SECOND THANK YOU FOR THE MOTION THE SECOND TO ADOPT THE MEETING SYNOPSIS ANY FURTHER DISCUSSION OF OUR STAFF TO CALL THE ROLL CHAIR ROHMAN ABSTAIN COMMISSIONER I VICE-CHAIR CHAIR COOKMAN HIGH COMMISSIONER MCGOVERN HIGH COMMISSIONER CURRY I COMMISSIONER ISA I. MOTION PASSES ALL RIGHT THANK YOU. AND ITEM TEN IS THE PLANNING COMMISSION POLICY AND ISSUE UPDATE MR. FLEMING MS. JEROME TRUMAN COMMISSIONERS OUR NEXT MEETING IS MAY 23RD AND WE HAVE THREE ITEMS ON THAT AGENDA. FIRST OF ALL WELL ALL THREE OUR STUDY ITEMS. FIRST ONE IS AN OVERVIEW OF THE WAGE ORDINANCE BEING CONSIDERED BY THE CITY COUNCIL . SECOND ONE IS A STUDY IN ONLINE CANNABIS BUSINESS. AND THIRD IS A STUDY ITEM ON STREAMLINE DEVELOPMENT APPROVALS. THOSE LAST TWO ARE ITEMS ON YOUR WORKPLAN THIS YEAR AND THEN LOOKING FORWARD TO THE JUNE 3RD PLANNING COMMISSION. WE HAVE FIVE ITEMS ON THAT AGENDA. FIRST OF ALL I WILL BE CARRYING ON A FOR A CONDITIONAL USE FOR A ROOFTOP PATIO AT AN EXISTING RESTAURANT AND THEN MAJOR REVISION TO FINAL DEVELOPMENT PLANS FOR AN ADDITION ONTO THAT RESTAURANT AND THAT'S THE FULL TILT TAVERN RESTAURANT. SECOND ITEM IS A CONDITIONAL PERMIT FOR AN OUTDOOR PATIO AT A NEW RESTAURANT. AND FINAL DEVELOPMENT PLANS FOR AN ADDITION TO THAT RESTAURANT THAT'S CONVERSION OF A VACANT CONVENIENCE STORE GAS STATION IN THE COUNTRYSIDE CENTER RESTAURANT WOULD BE A PIG ATE MY PIZZA THAT YOU MAY BE FAMILIAR WITH FROM ROBBINSDALE AWARD WINNING PIZZA RESTAURANT AND THEN THIRD ITEM IS STUDY I DON'T MIND SINGLE ROOM OCCUPANCY HOUSING STANDARDS. AND THEN THE LAST TWO ITEMS ARE THE ONES THAT YOU CONTINUED THIS EVENING TO JEFFERSON HIGH SCHOOL AND AND KENNEDY HIGH SCHOOL STADIUM APPLICATIONS. SO THAT'S WHAT WE HAVE ON JUNE 3RD. AND THEN I JUST TO MENTION THAT WE HAVE TWO PLANNING COMMISSION OPENINGS UP AND THAT IF YOU'RE WATCHING AT HOME AND HAVE INTEREST IN ON THE PLANNING COMMISSION WE ENCOURAGE YOU TO SUBMIT AN APPLICATION. AND THEN WAY TO DO THAT WE HAVE IT ON OUR WEBSITE. GO TO THE CITY WEBSITE YOU CAN JUST SEARCH ON COMMISSION AND THERE'S LINKS TO AN APPLICATION FORM. IF YOU HAVE ANY DIFFICULTIES JUST CALL THE PLANNING DIVISION. WE CAN HELP YOU THAT. AND THAT'S ALL WE HAVE FOR YOU TONIGHT. I'M TRYING TO REMEMBER THE DEADLINE FOR APPLICATIONS IS A MAY 27TH. YOU KNOW WHAT THE DEADLINE FOR APPLICATIONS. YEAH CAN I CAN LOOK IT UP QUICK. I DON'T REMEMBER BUT IT'S IT'S COMING UP HERE IN A COUPLE OF WEEKS. YEAH IT'S IT'S BEFORE ME IT'S BEFORE MEMORIAL DAY SO I KNOW THAT MUCH. SO YES, I WOULD ENCOURAGE ANYONE WHO'S INTERESTED IN THIS THIS WORK OR BOTH THAT IT IS MAY 27TH MAY 27TH IS THE DEADLINE WHICH IS THE HOLIDAY THAT'S OKAY. ANY OTHER ITEMS ANYONE WOULD LIKE TO BRING FORWARD? ALL RIGHT. SEEING NONE WE ARE ADJOURNED UNTIL MAY 23RD