EVENING AND WELCOME TO THIS NOVEMBER SIXTH MEETING OF THE BLOOMINGTON PLANNING COMMISSION. THE PLANNING COMMISSION ADVISES THE CITY COUNCIL ON DEVELOPMENT PROPOSALS DEVELOPMENT STANDARDS LONG RANGE PLANNING AND TRANSPORTATION ISSUES. SOME ITEMS BEFORE THE PLANNING COMMISSION OUR STUDY ITEMS WHERE WE WILL NOT TAKE FORMAL ACTION WELL OTHER ITEMS BEFORE THE PLANNING COMMISSION ARE PUBLIC HEARINGS WHERE WE WILL TAKE FORMAL ACTION. INCLUDED IN THOSE PUBLIC HEARINGS WILL BE THE OPPORTUNITY FOR PUBLIC TESTIMONY. IF YOU'D LIKE TO PROVIDE TESTIMONY YOU CAN DO SO HERE AT CITY HALL IN THE COMMISSION CHAMBERS OR YOU CAN DO SO ONLINE REMOTELY BY FOLLOWING THE INSTRUCTIONS ON YOUR SCREEN ON SOME ITEMS THE PLANNING COMMISSION HAS FINAL DECISION MAKING AUTHORITY WELL ON OTHER ITEMS THE CITY COUNCIL WILL MAKE THE FINAL DECISION AND THE PLANNING COMMISSION ACTS IN AN ADVISORY CAPACITY. THE PLANNING COMMISSION IS MADE UP OF SEVEN VOLUNTEER RESIDENTS OF THE CITY OF BLOOMINGTON. SIX OF US ARE HERE THIS EVENING SO WE DO HAVE A QUORUM . AS WE BEGIN THIS EVENING I'LL ASK EVERYONE IN THE CHAMBERS TO PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL . SIX ITEMS ON OUR AGENDA THIS EVENING. WE'LL START WITH ITEM NUMBER ONE WHICH IS A PUBLIC HEARING. THE CITY OF BLOOMINGTON IS THE APPLICANT FOR THE APPROVAL OF THE AMERICAN BOULEVARD TRANSIT STUDY. MR. KIRK ROBERTS YOU HAVE A STAFF REPORT FOR US . ALL RIGHT. CHAIR COOKED IN COMMISSIONERS. GLAD TO BE WITH YOU TONIGHT. I WAS PREVIOUSLY HERE ON THIS ISSUE ON OCTOBER NINTH. AFTER THAT THIS WENT TO THE CITY COUNCIL WHO GOT THE SAME PERMIT PRESENTATION ON OCTOBER 27TH AND SO I'M BACK TONIGHT WITH YOU SEEKING A RECOMMENDATION OF APPROVAL OF THE STUDY TO THE CITY COUNCIL AS WAS SAID BY CHAIR COOK THEN THIS BOARD THIS BODY IS A ADVISORY BOARD TO THE COUNCIL ON TRANSPORTATION ISSUES AND THEY VALUE YOUR OPINION AND YOUR FEEDBACK. SO I APPRECIATE YOUR TIME TONIGHT. THE IN YOUR PACKET WAS INCLUDED CHAPTER NINE OF THE STUDY THAT WAS ABOUT A 12 PAGE SUMMARY WHICH JUST RECOMMENDS ACTIONS AND OUTCOMES OF THE STUDY. THE FULL REPORT HAS 260 PAGES. THERE WAS A LINK TO THAT ON THE HOPE BLOOMINGTON PAGE IF YOU DIDN'T READ THE FULL REPORT THAT'S THAT'S JUST FINE . IT'S IT'S VERY THICK AND VERY VOLUMINOUS. ONE OF THE REASONS IS BECAUSE IF THE OUTCOMES OF THIS STUDY WERE EVER TO PROCEED WHEN WE HOPE THEY WILL INTO BUS RAPID TRANSIT OR ADDITIONAL TRANSIT SERVICE ON THE CORRIDOR THOSE ARE TYPICALLY FUNDED BY THE FEDERAL TRANSIT ADMINISTRATION AND METRO COUNCIL AND THERE'S ALL SORTS OF INFORMATION THAT THEY NEED TO KNOW THAT WE'VE DONE INCLUDING YOU KNOW, OUR OUTREACH AND ENGAGEMENT AND EVERYTHING. SO ALL THAT DOCUMENTATION IN THAT STUDY IS THERE BECAUSE WE EXPECT THIS TO MOVE FORWARD INTO THE FUTURE AND IT NEEDS TO BE THERE FOR THAT. I JUST WANT TO TOUCH THOUGH ON AN OUTLINE WHEN I'M ASKING FOR A RECOMMENDATION OF APPROVAL IT'S IT'S JUST THAT YOU'VE HAD THE CHANCE TO REVIEW THE RECOMMENDATION OF THE FINDINGS OF THE STUDY AND THAT THE COMMISSION IS GENERALLY IN AGREEMENT NOT THAT YOU COMMITTED ALL THOSE 260 PAGES TO TO MEMORY SO THERE WERE THREE MAIN STUDY AREAS THAT I WANT TO HIT ON AS THE OUTCOME OF THE STUDY. THE ORIGINAL PURPOSE WAS TO STUDY TRANSIT ON THE CORRIDOR TO SEE IF WE COULD CONTINUE PLANNING AROUND BUS RAPID TRANSIT ON AMERICAN BOULEVARD THAT WAS THE PRIMARY CASE. I'M GOING TO TALK ABOUT THE RECOMMENDATIONS THAT CAME OUT OF THAT. SECOND TO THAT WAS LAND USE. ARE THERE LAND USE CHANGES THAT THE CITY CAN CONTROL IN TERMS OF OUR ZONING IN OUR CODE THAT WOULD AFFECT HOW THE AREA DEVELOPS THAT WOULD BE MORE SUPPORT OF OF TRANSIT ON THE CORRIDOR, THE SYMBIOTIC RELATIONSHIP BETWEEN TRANSIT AND LAND USE CAN WE MAKE CHANGES AS THE COMPREHENSIVE PLAN IS UPDATED IN THE NEXT FEW YEARS TO SUPPORT TRANSIT BETTER? AND THEN THE LAST WAS INFRASTRUCTURE AND I'LL TALK ON THAT MORE AS WE GO. SO THERE WERE FOUR ALTERNATIVES THAT WERE STUDIED FOR TRANSIT. THE FIRST WAS MALL OF AMERICA TO CENTENNIAL LAKES. ALL OF THE OPTIONS WE LOOKED AT START AND END AT THE MALL OF AMERICA AND I THINK MOST THAT THE COMMISSIONERS ARE AWARE THAT'S THE ONE OF THE LARGEST TRANSIT STATIONS IN THE METRO. SO THE THE OPPORTUNITIES FOR TRANSFERS AS WELL AS JUST THE AMENITIES FOR FOUR BUSSES AND DRIVERS AND OPERATORS AND THINGS IS REALLY GOOD THERE. SO THAT'S WHY THEY ALL BEGAN AND END AT THE MALL OF AMERICA. THE FIRST STOP WAS MULTNOMAH MARKETS IS CENTENNIAL LAKES JUST ACROSS THE BORDER IN A DINER. THE SECOND WAS TO EXTEND THAT A LITTLE FURTHER MALL OF AMERICA TO SOUTHDALE MALL AGAIN MALLS MAKE GOOD PLACES TO START AND TRANSIT. THERE ARE A LOT OF RIDERSHIP TO MALLS BUT THEY ALSO PROVIDE AN OPPORTUNITY FOR THOSE TRANSIT AMENITIES FOR DRIVERS AND PLACES TO LAY THE BUSSES OVER AND THINGS LIKE THAT. SO THE NEXT ALTERNATIVE TOOK A LINE FROM MALL OF AMERICA ALL THE WAY ACROSS TO NORMANDALE LAKE DISTRICT ON THE WEST SIDE, THE CITY AND THEN ALTERNATIVE FOR PART OF THIS LINE THIS IS THE RED LINE ON THE MAP COMING FROM MINNEAPOLIS THROUGH RICHFIELD . THIS LINE ALREADY EXISTS. IT'S ROUTE FOR AND IT TERMINATES ON AMERICAN BOULEVARD TODAY IT'S JUST A LOCAL ROUTE, NOT A BUS RAPID TRANSIT. THIS ONE'S IN PLANNING FOR POTENTIAL UPGRADES TO A BRT LINE. SO WE TOOK THAT CONCEPT AND SAID WHAT IF YOU JUST MAKE A LEFT AND EXTEND THAT ROUTE OUT TO MALL OF AMERICA AND CALL IT A BRT LINE AND I'LL TALK ABOUT A LITTLE MORE ON THAT AND HOW THAT MIGHT TURN OUT LATER. THE TWO CANDIDATES LINES THE MOST VIABLE LINES FROM TRANSIT USE IS THE THE EXTENSION OF THAT ROUTE FOR TWO MALL OF AMERICA AS WELL AS THE CENTENNIAL LAKES ROUTE OR EXCUSE ME THE EXTENSION UP TO SOUTHDALE MALL. SO THE STUDY RECOMMENDS THAT WE CONTINUE TO STUDY AND DEVELOP THOSE TWO ROUTES MOVING INTO THE FUTURE FOR VIABILITY AND JUST WORTH MENTIONING, YOU DON'T SEE AN UNLIMITED NUMBER OF OF POTENTIAL ROUTES HERE. EACH OF THESE HAVE TO BE DEVELOPED MODELED STUDIED RIDERSHIP HAS TO BE FORECAST STATIONS HAVE TO BE PLANNED AND EVERYTHING LIKE THAT. SO THERE'S ONLY SO MANY OF THESE THA WE CAN DO THAT ARE REALLY FEASIBLE. SO THAT'S WHY YOU DON'T SEE AN INFINITE NUMBER OF ROUTES HEADING OVER TO ST PAUL AND IN ALL OTHER DESTINATIONS IN THE AREA THEY EACH TAKE A WHOLE LOT OF DEVELOPMENT WORK TO JUST TO STUDY TO SEE IF THEY'RE GOING TO BE VIABLE BUT THESE ARE THE TOP TWO AND SO THESE WILL THE RECOMMENDATION IS TO MOVE THIS FORWARD PLANNING INTO THE FUTURE LAND USE. ONE OF THE QUESTIONS IS HOW IS THAT CORRIDOR LOOKING FOR REDEVELOPMENT? CAN WE EXPECT REDEVELOPMENT INTO THE FUTURE? THE DENSITIES THAT THE THE CITY'S INTERESTED IN SEEING AS WELL AS IN A WAY THAT WOULD SUPPORT TRANSIT AND SO THE CONSULTANT DID A GOOD ANALYSIS THE THE RED PARCELS ARE WHERE WE TALKED ABOUT BEFORE WHERE THERE'S THE HIGHEST POTENTIAL FOR REDEVELOPMENT. WE CAN'T SAY FOR SURE THAT THEY'LL REDEVELOP BUT THEY HAVE THE HIGHEST POTENTIAL BASED ON THE FORMULAS THE CONSULTANT USED AND SO THERE IS THE GOOD OPPORTUNITY FOR REDEVELOPMENT AND THERE'S GOING TO BE SOME RECOMMENDATIONS THAT COME FROM THAT. MOST OF OUR CURRENT ZONING SUPPORTS THE KIND OF DEVELOPMENT THAT THEY WOULD LIKE TO SEE OUT THERE. THERE MIGHT BE SOME CHANGES THAT ARE NEEDED. A COUPLE OF RECOMMENDATIONS THAT WOULD HELP SORT OF SUPPORT WHAT WE'D LIKE TO SEE IN THE FUTURE AND SO THOSE ARE GOING TO MAKE THEIR WAY INTO THE COMPREHENSIVE PLAN UPDATE NEXT TO THIS MAP JUST SORT OF SPEAKS TO HOW WE'D LIKE THE TRANSPORTATION NETWORK ON THOSE PARCELS AS THEY REDEVELOP POTENTIALLY BREAKING UP SOME OF THOSE LARGE PARCELS INTO SMALL ROADS . THAT'S ALL PART OF THE STUDY AND THAT'LL HAVE TO BE DELIBERATED AS THE COMPREHENSIVE PLAN MOVES FORWARD. FEW OTHER RECOMMENDATIONS FORMALIZE SHARED PARKING REQUIREMENTS. THIS IS WHEN BUSINESSES CAN SHARE PARKING. SO IF YOU HAVE A RESIDENTIAL USE ADJACENT TO A COMMERCIAL USE MAYBE IN THE DAY MOST OF THE PARKING IS ALLOCATED TO THE BUSINESS AS THEY DO BUSINESS AND THEN THEY ALL GO HOME IN THE EVENING. RESIDENTS CAN USE THAT PARKING. THAT'S WHAT THE SHARED PARKING RECOMMENDATIONS ARE. LOOK AT DISTRICT PARKING TO TAKE SOME OF THE BURDEN OFF OF EACH INDIVIDUAL DEVELOPMENT THAT MIGHT SUPPORT SOME OF THE SMALLER DEVELOPMENT IT WOULD LIKE TO SEE BICYCLE PARKING REQUIREMENTS BUILT FORM GUIDELINES THAT'S JUST ABOUT THE BUILDING'S INTERNAL CIRCULATION AND PUBLIC ART. AND SO THESE RECOMMENDATIONS IF ADOPTED BY THE COUNCIL AND ONCE ADOPTED BY THE COUNCIL WILL MAKE THEIR WAY INTO PLANNING AND INTO THE COMPREHENSIVE PLAN. OBVIOUSLY THE PLANNING COMMISSION IS GOING TO BE DEEPLY INVOLVED IN THAT COMPREHENSIVE PLAN UPDATE INFRASTRUCTURE THIS SPEAKS TO WHAT PEOPLE EXPERIENCE OUT ON THE ROADWAY. ONE OF THE THINGS WE CONSISTENTLY HEARD FROM THE PUBLIC IS NO ONE PARTICULARLY LIKES THE ROADWAY WHERE IT IS RIGHT NOW IT'S SOMEWHAT CHALLENGING FOR BY CYCLISTS AND PEDESTRIANS. IT'S AN ENVIRONMENT THAT IS NOT THAT AMENABLE TO TO SPENDING TIME THERE. AND SO ONE OF THE THINGS WE DID IS REALLY LISTEN TO THE TO THE PUBLIC ABOUT WHAT THEY DIDN'T LIKE, WHAT THEY'D LIKE TO SEE AND DEVELOPED A PREFERRED CONCEPT. AND I'M GOING TO TALK A LITTLE BIT MORE ABOUT THIS BUT THIS UNDER THE INFRASTRUCTURE HERE IS PROBABLY ONE OF THE MORE COMPLICATED PARTS OF THIS STUDY IMPLEMENTATION TIMELINE. THOSE THREE USES TRANSIT ONCE THIS IS ADOPTED BY COUNCIL THERE'S A COUPLE OF TASKS THAT WE'LL HAVE TO DO IN THE NEXT FEW YEARS. THE METRO TRANSIT IS RIGHT NOW IN THE MIDDLE OF THEIR BRT STUDY FOR THE NEXT THREE ARTERIAL BRT LINES. THOSE WILL BE THE J, K AND L LINES. THIS SPEAKS TO THAT ROUTE FOUR THAT I TALKED ABOUT ARE THEY GOING TO CHANGE ROUTE FOUR DOWN FOR MINNEAPOLIS TO A BUS RAPID TRANSIT LINE AND DESIGNATED AS SUCH? IF SO THEN WE'LL START TO LOOK AT PLANNING AROUND EXTENDING THAT LINE AND SEE THE VIABILITY OF THAT IN THE FUTURE DEPENDING ON WHAT THE OUTCOME OF THAT IS TO WOULD ALSO WANT TO START ENGAGING WITH OUR PARTNERS. CITY OF A DINER HAS SOME INTEREST IN WHAT WE'RE DOING AND SUPPORTING TRANSIT IN THEIR CITY AS WELL AND SO WE'LL START TALKING TO OTHER POTENTIAL PARTNERS. SO THOSE ARE THE NEXT STEPS FOR TRANSIT LAND USE. I TOUCHED ON THE NEXT FEW YEARS YOU'RE GOING TO BE DEALING WITH UPDATING THE COMPREHENSIVE PLAN. THE COMMISSION WILL BE ENGAGED IN THAT NO DOUBT. AND SO THESE RECOMMENDATIONS WILL FIND THEIR WAY INTO THE COMPREHENSIVE PLAN UPDATE AND THEN THE LAST ONE INFRASTRUCTURE HERE AND THIS IS THE MOST COMPLICATED YOU'VE PROBABLY ALL SEEN THE 494 CONSTRUCTION THAT'S GOING TO GO ON FOR A WHILE. THAT WORK WILL START WRAPPING UP IN 2030. SO RIGHT NOW THE TRAFFIC VOLUMES ALL OVER THE NORTH SIDE OF THE CITY ARE VERY, VERY HIGH INCLUDING ON AMERICAN BOULEVARD AND THEY WILL PROBABLY REMAIN THAT WAY FOR THE NEXT FEW YEARS AS SEGMENTS OF AMERICAN BOULEVARD OR THE 494 COME ONLINE, WE'LL EXPECT VOLUMES TO DROP ALL OVER THE NORTH SIDE. THE CITY TRAFFIC VOLUMES INCLUDING AMERICAN BOULEVARD AS SOME CONGESTION RELIEF IS PROVIDED ON THAT PROJECT THEN AS WE HIT 2030 KNOW HOPEFULLY IT'S A LOVELY PEACEFUL AREA THERE AND WE CAN START TO THINK ABOUT THE FUTURE OF AMERICAN BOULEVARD WITHOUT ALL THE BURDEN OF THE TRAFFIC FROM THE INTERSTATE. AND SO THAT CROSS SECTION YOU SAW HAS BEEN PERHAPS THE ONLY SOMEWHAT CONTROVERSIAL PART OF THIS STUDY. IF YOU'RE OUT THERE TODAY AND YOU SEE THE TRAFFIC VOLUMES AND YOU MANAGE THE CONGESTION AND YOU'RE IN THE MIDST OF THAT AND YOU SEE A CROSS SECTION LIKE THIS, YOU WONDER WHAT PEOPLE ARE THINKING, WHAT WHAT I'M THINKING AND THAT'S THAT'S A COMMON REACTION AND THIS IS WHAT WE DEVELOPED BASED ON WHAT WE HEARD FROM THE COMMUNITY BASED ON WHAT THE COMMUNITY BELIEVES THAT ROAD SHOULD DO, HOW IT SHOULD FUNCTION. BUT THIS CAN'T HAPPEN RIGHT NOW. AND SO WHAT WE'VE PUT IN PLACE IS JUST THAT THIS IS WHERE WE START WHEN WE START TO RECONSTRUCT PORTIONS OF THAT CORRIDOR. THIS IS WHERE WE START THOSE CONVERSATIONS TO SEE IF WE CAN GET THIS KIND OF INFRASTRUCTURE IN. THERE ARE PLACES WHERE THIS CROSS SECTION WOULD WORK JUST FINE RIGHT NOW THE VOLUMES HAVE ALWAYS BEEN LOW ENOUGH. THE TRANSIT USE IS HIGH ENOUGH. IT CAN JUSTIFY A CROSS SECTION LIKE THIS. THERE'S OTHER SECTIONS OF THAT ROADWAY WHERE WE WOULDN'T BE ABLE TO FIT A CROSS SECTION IN ANY TIME FORESEEABLE AND THERE'S SOME SECTIONS WHERE WE MIGHT JUST HAVE TO ADD MORE LANES. WE MIGHT HAVE TO SEE A SECOND COMMON LANE AND THINGS LIKE THAT BUT THIS IS WHERE WE START DOING THAT. SO WHEN WE GO TO RATHER THAN TRY TO PROJECT WHAT TRAFFIC IN THE FUTURE IS GOING TO LOOK LIKE, THERE'S A LOT OF MOVING PARTS ON THAT WE'RE NOT GOING TO GET VERY GOOD PROJECTIONS. LET'S DEVELOP THE WAY WE WANT THE ROAD TO LOOK BASED ON OUR VALUES AS A COMMUNITY AND THEN WE'LL DO THOSE STUDIES. WE'LL DO THAT HEAVY LIFTING, THAT TRAFFIC MODELING AND HAVE THOSE CONVERSATIONS WITH THE PUBLIC AS WE MOVE THIS TO CONSTRUCTION WELL OUT INTO THE FUTURE AND THEN WE CAN DECIDE WHAT THE ULTIMATE CONFIGURATION LOOKS LIKE. SO THE LANGUAGE IN THE PLAN HAS BEEN UPDATED TO REFLECT THAT AS WELL . SO HERE WE ARE TONIGHT LOOKING FOR A RECOMMENDATION OF APPROVAL FROM THE COMMISSION AT THIS HEARING, THE FINAL STUDY IS PLANNED TO GO TO COUNCIL ON DECEMBER 8TH FOR FINAL ADOPTION. AGAIN AS STATED SEEKING A RECOMMENDATION OF APPROVAL FROM THE COMMISSION THAT INCLUDED A STATED MOTION AND WITH THAT I'LL TAKE ANY QUESTIONS YOU HAVE. THANK YOU, MR. ROBERTS QUESTIONS FOR STAFF TERESA THANK YOU. CHAIR CATON WAS THE ON THE EAST SIDE OF AMERICAN BOULEVARD WAS THE KIND OF THE COMMUNITY THERE ALSO SOLICITED OR ENGAGED OR THERE JUST ONLY FROM THE LET'S TALK LIMITED INSIGHT YEAH CHAIR COOKED IN THE SURGERY THEY WERE EXTENSIVELY WE DID A VERY COMPREHENSIVE OUTREACH AND ENGAGEMENT WORK ON THIS INCLUDING HAVING PEOPLE BOARDING THE BUSSES TO GET PEOPLE TO DO SURVEYS AND THINGS LIKE THAT AND THE THE AREA AROUND PORTLAND 12TH THAT WHOLE AREA WAS TARGETED FAIRLY HEAVY. WE WANT TO MAKE SURE WE'RE TALKING TO THE PEOPLE THAT WILL USE THE SYSTEM NOW AND INTO THE FUTURE AND SO THAT WAS A REALLY KEY PART. IT'S ALSO REQUIRED BY METRO TRANSIT AND THE FEDERAL TRANSIT ADMINISTRATION TO COMMISSION WAIT I'M SORRY COMMISSIONER LANNING THANK YOU. CHAIR COOKED IN. I'VE NOTICED THAT PENNY AVENUE IS HENNEPIN COUNTY IS DOING A MAJOR REDESIGN OF HENNEPIN EXCUSE ME PENN AVENUE IN RICHFIELD IS ON THE PLANS FOR 2028 AND I'M WONDERING SORT OF ON THE SEQUENCING OF EVENTS HERE BASED ON THE OUTCOME OF THAT, IS THERE A POTENTIAL THAT THERE WOULD BE YET ANOTHER OPTION THAT WOULD BE CONSIDERED DEPENDING ON WHAT THEY DECIDE FOR THE REDESIGN OF PENN AVENUE OR IS THERE PLAN FOR PENN ALREADY FACTORING THAT IN? I'M NOT SURE IF YOU KNOW THE ANSWER TO THAT QUESTION BUT THANK YOU CHAIR COOKED IN SELENA THERE'S THERE'S NOTHING THAT I KNOW ABOUT FROM THAT PROJECT THAT WOULD PRECLUDE TRANSIT USE. IN FACT I THINK THAT'S AN IMPORTANT COMPONENT TO RICHFIELD TOO. SO THERE'S NOTHING THAT I KNOW ABOUT WHAT THEY'RE PLANNING TO DO THAT WOULD MAKE TRANSIT MORE DIFFICULT. HOPEFULLY IT WOULD MAKE TRANSIT USE BETTER LIKE WE'RE TRYING TO DO ON AMERICAN BOULEVARD. IN TERMS OF THE SEQUENCE THOUGH, I DON'T HAVE ENOUGH INFORMATION ABOUT WHEN THEY PLAN TO DO THAT TO REALLY FORECAST THAT MR. SUMMERS THANK YOU FOR ALL THANKS CHAIR THANK YOU FOR ALL THIS RESEARCH. I AM WONDERING ABOUT I READ THAT IN THE RE-ENVISIONING THAT DRIVEWAYS TO BUSINESSES WILL PROBABLY BE IMPACTED AND I TOOK SOME TIME DRIVING DOWN AMERICAN BOULEVARD AND I'M WONDERING THERE'S A LOT OF DRIVEWAYS THAT ARE GOING IN AND OUT OF PROPERTY USE AND I DON'T KNOW IF THIS IS ANSWERABLE BUT WILL 50% BE IMPACTED 30% IS IT A LOT? IS IT A LITTLE YEAH. CHAIR COOKED IN FUTURE SUMMERS IT'S A REALLY GOOD QUESTION. THE THE ROAD HAS EVOLVED OVER TIME AND IT MUCH OF THE ROAD CAME ABOUT WHEN CARS WERE KING AND SO WE HAVE A LOT OF DRIVEWAYS AND THEY'RE VERY WIDE AND SO UNDER ANY CIRCUMSTANCE WHEN WE REBUILD THOSE WE WOULD TRY TO NARROW THOSE UP SOME OF THEM YOU COULD YOU COULD RUN AN AIRCRAFT CARRIER THROUGH THOSE AND THEY'RE VERY LARGE AND THAT PROMOTES A LOT OF HIGH SPEED DRIVING. IT MAKES PEDESTRIANS AND CYCLISTS FEEL VERY UNSAFE AND SO IN ANY CASE THEY WOULD ALL BE NARROWED AND OR ANY KIND OF RECONSTRUCT IN TERMS OF WHAT DRIVEWAYS ARE ILLUMINATED OR DRIVEWAYS THAT MIGHT BE ELIMINATED THAT WOULD HAVE TO BE SOMETHING THAT'S DECIDED AT THE PROJECT LEVEL. WE IT'S PRETTY WELL KNOWN THAT WE HAVE TO PROVIDE A CERTAIN AMOUNT OF ACCESS TO PROPERTIES AND THAT BECOMES REALLY IMPORTANT WHEN IT'S THE COMMERCIAL PROPERTIES. AND SO IF WE WANTED TO ELIMINATE A DRIVEWAY SAY TO PURSUE A SAFETY ISSUE THAT HAS TO BE NEGOTIATED WITH THAT PROPERTY OWNER AT THE TIME YOU'RE DOING A PROJECT SO YOU KNOW MR. ROBERTS IF THE CITY COUNCIL WERE TO ULTIMATELY ADOPT THIS TRANSIT STUDY, WHAT DOES THAT MEAN MOVING FORWARD ? COULD IT BE AKIN TO LIKE A DISTRICT PLAN OR COULD YOU MAYBE HELP FRAME FOR ME WHAT IS THAT WHAT DOES THAT MEAN WHEN THIS TRANSIT STUDIES ON THE BOOKS? YEAH SURE. IT IS THE LONG TERM PLANNING DOCUMENTS THAT WE DEVELOP ARE REALLY IMPORTANT ESPECIALLY AS WE GO NEGOTIATE TO PARTNERS. THEY HELP THE CITY KNOW WHAT IT SHOULD BE FOCUSING ON. SO THAT'S WHERE WE START WITH THAT. IF IT'S IN A PLANNING DOCUMENT IT GIVES A SURCHARGE TO GO AHEAD AND CONTINUE WORKING ON THAT AND LIKE IF IT'S IN THE COMPREHENSIVE PLAN OR ANY OF THE PLANNING DOCUMENTS WE DO, THAT'S WHERE STAFF LOOKS TO WHERE OUR WORK IS GOING TO BE. IT ALSO STARTS TO ESTABLISH THIS EXPECTATION ON METRO TRANSIT'S PART THAT THERE IS GOING TO BE A TRANSIT LINE IN THE FUTURE THAT WE ARE GOING TO CONTINUE TO WORK TO DEVELOP THAT AND AND WE WOULD LIKE THEM TO MEET US ON THAT PROJECT WORK TOO. SO IT'S A BIT OF A STAKE IN THE GROUND NOW AND INTO THE FUTURE THAT YOU KNOW, WE EXPECT TRANSIT TO HAPPEN ON THAT CORRIDOR AND WE'RE LOOKING FOR HELP WITH THAT. RIGHT. THANK YOU. ANY OTHER QUESTIONS FOR STAFF ? MR. SUMMERS THANKS, CHAIR. MY OTHER QUESTION IS IF WE ARE STUDYING THE PLAN AS IS SO THE CROSS SECTION CONCEPT THAT STUDY WOULD INFORM FUTURE PLANS EVEN IF THEY DON'T LOOK LIKE THAT OR IF THE STUDY DECIDES THAT YOU KNOW THIS REALLY ISN'T EXACTLY WHAT WE WERE THINKING OR METRO TRANSIT MAKES ANOTHER DECISION WOULD WE HAVE TO START OVER WITH STUDYING AMERICAN BOULEVARD OR DOES IT STILL GIVE US USABLE DATA TO INFORM REDEVELOPING THAT SPACE? YEAH A CHAIR COOKED IN MR. SUMMERS YEAH IT'S A STARTING PLACE FOR ANY WORK THAT WE DO ON THE CORRIDOR WE HAVE A FAIRLY AGGRESSIVE PAVEMENT MANAGEMENT PROGRAM SO A HYPOTHETICAL ON HOW THAT CROSS SECTION MIGHT PLAY OUT IS MAYBE A SEGMENT OF THE ROAD LET'S JUST SAY 12TH TO PORTLAND IS COMING UP FOR PAVEMENT WORK IN THE NEXT FIVE YEARS WHEN WE'RE LOOKING AT DO WE WANT TO GO AHEAD AND REBUILD THAT ROADWAY TO CONFORM TO THAT CROSS SECTION WE'D START MODELING THAT WOULD DO THE TRAFFIC MODELING, COLLECT THE DATA, START THOSE PUBLIC CONVERSATIONS ABOUT IT AND THAT CROSS SECTION IS WHERE WE START THOSE CONVERSATIONS. WE MIGHT ULTIMATELY FIND OUT WE DEVELOP A GREAT TRAFFIC MODEL AND DO SOME FORECASTING WITH THAT AND WE NEED AN ADDITIONAL LANE IN THE EASTBOUND DIRECTION TO HANDLE THE PEAK TRAFFIC THAT'S OCCURRING THERE. AND SO WE WOULD TAKE THAT CROSS SECTION AND MODIFY THAT AND START PLANNING AROUND THAT BUT THAT AND SO THAT'S THAT'S WHERE WE WOULD START THOSE CONVERSATIONS AND START THAT WORK. AND THE KEY THING IS THAT WHAT'S SHOWN THERE WORKS WITHIN THAT RIGHT AWAY YOU DON'T WANT TO TAKE A WHOLE LOT OF MORE PROPERTY BECAUSE YOU'RE TAKING PROPERTY THAT THEN CAN'T BE USED BY THOSE BUSINESSES BY THOSE RESIDENTIAL DEVELOPMENTS ALONG THERE. SO WHAT'S SHOWN IS WHAT FITS AND THERE'S A LITTLE BIT OF ROOM TO SPARE AND SO WITH THAT WE CAN START MAKING DECISIONS. THE KEY TAKEAWAY THOUGH ON THOSE CROSS SECTIONS IS REALLY THE PEDESTRIAN FACILITIES AND THE CYCLE THE NON-MOTORIZED FACILITIES, THE BIKE LANES AND THINGS LIKE THAT AND THOSE REALLY NEED TO GO IN AND SO THOSE WOULD BE SORT OF A STAKE IN THE GROUND WHERE YES, THESE NEED TO GO IN AND THEN WE START LOOKING AT WHAT ELSE WE CAN FIT IN THAT CORRIDOR AND DO WE NEED TO IN SOME CASES BY SMALL PRICE PIECES OF PROPERTY FROM ADJACENT PROPERTY OWNERS? THAT'S A COMPLICATED ANSWER TO WHAT SEEM LIKE A SIMPLE QUESTION SO I HOPE THAT ADDRESSED IT. ANY OTHER QUESTIONS FOR STAFF ? THANK YOU MR. ROBERTS. THIS IS A PUBLIC HEARING WHICH I WILL OPEN NOW AND ASK IF THERE'S ANYONE IN THE CHAMBERS HERE WHO WOULD LIKE TO TESTIFY ON THIS ITEM. SEE NO ONE COMING FORWARD. DO WE HAVE ANYBODY ONLINE ALL PARTICIPANTS ONLINE, OUR STAFF. VERY GOOD. I WILL LOOK THEN FOR A MOTION TO CLOSE THE PUBLIC HEARING. SO MOVE. SECOND WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING. ALL THOSE IN FAVOR SAY I. I OPPOSED A MOTION PASSES SIX ZERO AND WE WILL MOVE THEN TO DISCUSSION COMMISSIONERS HOURS SO I LIVE A COUPLE OF BLOCKS OFF OF AMERICAN AND PORTLAND CROSS STREETS AND I CAN RELATE TO LOOKING AT THE CROSS SECTION AND GOING OH MY GOSH WOW CAN THAT WORK? BUT I THINK IN STUDYING THE MATERIALS, LOOKING AT SOME OF THE PRESENTATIONS THE STAFF HAS GIVEN I FEEL LIKE THIS IS A AN EASY YES FOR ME THAT BUILDING ON THE VISION FOR THE FUTURE BEING ONE THAT MATCHES WHAT THE VALUES OF CITIZENS LIVING IN BLOOMINGTON RIGHT NOW WITH READING VELOPMENT IN THAT AREA OPENING SPACE FOR MORE PEOPLE TO LIVE WORK AND PLAY IN BLOOMINGTON IS AN EASY SUPPORT FOR ME TO BE WAY THANK YOU CHAIR YEAH I THINK IT IS SOMETIMES HARD TO IMAGINE THIS LEVEL OF CHANGE IN A ROW THAT THAT GETS A LOT OF USE AND A LOT OF ATTENTION BUT I LIKE THE FACT THAT IT IS AMBITIOUS ABOUT GETTING PEOPLE OUT OF THEIR CARS. I LIKE THE FACT THAT IT IS SOMETHING THAT IS BEING THOUGHTFULLY PLANNED WITH A LOT OF COMMUNITY INPUT AND I APPRECIATE THE FACT THAT IT'S NOT A WE'RE GOING TO TRY AND DO THIS TOMORROW SO I APPRECIATE THE INTENTION TO LOOK AT THE TRAFFIC STUDIES AGAIN ONCE FOR 94 CONSTRUCTION IS OVER WHICH I THINK WE WILL ALL BE EXCITED ABOUT. SO I APPRECIATE THE ATTENTION THAT STAFF PUT INTO THIS AND I APPRECIATE THE COMMITMENT TO SUSTAINABILITY THAT I SEE IN THIS VISUAL IN A CHAIR I AGREE. I THINK WHEN WE FIRST HAD THE PRESENTATION I THINK I WAS ONE OF THE MORE VOCAL PEOPLE IN CONCERNS ABOUT THE NARROWING OF FOUR OF AMERICAN BOULEVARD PARTICULARLY FEE FOR VEHICLES UNTIL WE HAD MORE DATA ON POST 494 CONSTRUCTION. HAVING SAID THAT I'VE BEEN THINKING ABOUT IT QUITE A BIT ESPECIALLY I SPEND A LOT OF TIME DRIVING THROUGH LYNDALE AND 66TH AND RICHFIELD AND REMEMBER HOW I THOUGHT IT WAS INSANE WHEN THEY WERE GOING TO GO DOWN TO ONE LANE IN BOTH DIRECTIONS AND I'VE NOTICED THAT THE TRAFFIC IS ACTUALLY MUCH BETTER THERE. I DON'T KNOW IF IT'S BECAUSE PEOPLE ARE TAKING THE ROAD LESS AND USING WHETHER OTHER MODES OF TRANSPORTATION OR STAYING ON THE FREEWAYS FOR THOSE DISTANCES. SO I THINK THAT I'VE WARMED UP TO THE IDEA AND PARTICULARLY GIVEN THE ADDITIONAL DETAILS THAT STAFF HAS WORKED IN ABOUT FACTORING IN THE 494 CONSTRUCTION AND BEING ABLE TO REVISIT THIS AS TIME GOES THAT WHAT THE ACTUAL CROSS SECTION LOOKS LIKE I THINK I CAN SAY I CAN SUPPORT THIS AS WELL. YEAH I FELT THE SAME. I FIRST SEE THAT CROSS SECTION YOU GO OH MY GOSH WE COULDN'T POSSIBLY DO THIS AND IT'S COMFORTING TO HEAR THAT WE'RE GOING TO TAKE A LOOK AT THIS FROM AN ENGINEERING STANDPOINT WHEN WE GET THERE AND THAT THIS IS A VALUES BASED DESIGN AND THERE'S RECOGNITION THAT WE'RE NOT PROMISING THIS IS GOING TO WORK. AND SO WITH THAT I'M COMFORTABLE SUPPORTING THIS. I THINK IT'S A LONG WAY AWAY. DO I THINK WE'LL EVER GET TO THAT CROSS SECTION? I DON'T KNOW. A LOT OF TALL BUILDINGS ON AMERICAN BOULEVARD SO YOU KNOW, THEY'RE ALWAYS GOING TO NEED SOME LEVEL OF SERVICE AND SO I'M OKAY WITH IT AS IT STANDS. ANY OTHER THOUGHTS? IF NOT, I WOULD LOOK FOR A MOTION. SURE SHORT I MOVE THAT WE ADVANCE A RECOMMENDATION THAT THE BLOOMINGTON CITY COUNCIL ADOPT THE AMERICAN BOULEVARD TRANSIT STUDY. ISHERE A SECOND SECOND MOTION IN A SECOND RECOMMENDING THAT THE CITY COUNCIL ADVANCES THE AMERICAN BOULEVARD TRANSIT STUDY AND APPROVES IT OR ADOPTS IT RATHER ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY I. I OPPOSED THAT MOTION PASSES SIX ZERO THIS WILL GO BEFORE THE PUBLIC THE CITY COUNCIL AS A PUBLIC HEARING ON DECEMBER 8TH. THANK YOU MR. ROBERTS. OUR NEXT ITEM IS A STUDY ITEM. ITEM NUMBER TWO THE CITY OF BLOOMINGTON IS THE APPLICANT REVIEWING THE COMBINED TEN YEAR CAPITAL IMPROVEMENT PLAN FOR THE YEARS OF 2026 THROUGH 2035. MR. DAKOTA CASSIDY IS OUR PLANNER ON THIS ITEM AND HE'S HERE FOR A STAFF REPORT. ALL RIGHT. GOOD EVENING. PLANNING COMMISSION. YEAH, I'M JUST GOING TO KIND OF WALK THROUGH THIS ANNUAL PROCESS THAT WE GO THROUGH FOR THE PLANNING COMMISSION TO REVIEW THE CAPITAL IMPROVEMENT PLAN FOR COMPLIANCE WITH OUR CITY'S COMPREHENSIVE PLAN. AND SO THE FINANCE DEPARTMENT PUT TOGETHER THESE NICE SLIDES TO KIND OF OUTLINE THE CFP PROCESS AND LAURIE ECONOMY SCHOLER IS ALSO ON LINE IF YOU HAVE QUESTIONS OR I MISSPEAK ON SOMETHING ABOUT THE CAPITAL IMPROVEMENT PLAN IS JUST THAT IT'S A PLAN SO IT'S A PLANNING TOOL BASED ON LONG RANGE AND LONG RANGE PHYSICAL PLANNING AND FINANCIAL PROJECTIONS FOR THE CITY. AND SO APPROVAL OF THIS CIP DOES NOT AUTHORIZE FUNDING OR GUARANTEE FUNDING ON THE PROJECT. IT'S SIMPLY A PLANNING DOCUMENT. IT INCLUDES A DETAILED DESCRIPTION FOR EVERY CAPITAL PROJECT OVER $50,000 THAT'S ANTICIPATED TO BE INITIATED OVER THIS NEXT TEN YEAR PERIOD. THE PROJECT DOES LIST LIKE THE FULL PROJECT COSTS AND IT DOESN'T NECESSARILY MEAN IT'S LIKE THE CITY'S PORTION OR CITY FUNDS. IT KIND OF CAPTURES ALL THE FUNDING SOURCES AND THAT THEIR TOTAL PROJECT COST. THEY ALSO PROVIDE AN EXECUTIVE SUMMARY AND SECTION HIGHLIGHT AND THOSE PROVIDE AN OVERVIEW OF ANY MAJOR PROJECTS THAT ARE $1 MILLION OR MORE. AGAIN, JUST REITERATING THAT APPROVAL OF THE C I P DOES NOT GUARANTEE FUNDING FOR THE PROJECT. EACH PROJECT FORWARD TO MOVE FORWARD HAS TO GET ALL OF ITS FUNDING SOURCES TOGETHER AND BE AUTHORIZED ACCORDING TO CITY POLICY AND SO IN OUR CASE IF A PROJECT IS 175,000 LESS THAN $175,000, THE CITY MANAGER CAN AUTHORIZE THAT PROJECT IF THE PROJECT COST IS $175,000 OR MORE, THE CITY COUNCIL HAS TO AUTHORIZE THAT PROJECT AND SO OUR FINANCE DEPARTMENT WORKS WITH DEPARTMENTS AND DIVISIONS ACROSS THE CITY THROUGHOUT THE YEAR KIND OF IN LINE WITH THE ANNUAL BUDGET TO REVIEW AND DEFINE THE PROJECTS IN THE CIP DRAFT. CIP DID GO TO THE CITY COUNCIL ON OCTOBER 20TH AND THEN IT'S ANTICIPATED THAT THE FINAL CIP DOCUMENT GO TO CITY COUNCIL ON DECEMBER 8TH FOR A PUBLIC HEARING AND ADOPTION. AND SO THE STEP THAT WE'RE AT HERE TONIGHT IN STATE STATUTE AS THE DESIGNATED PLANNING AGENCY FOR THE CITY AND YOUR ROLE IS TO TO REVIEW THE CIP TO MAKE SURE THAT IT'S IN COMPLIANCE WITH THE COMPREHENSIVE PLAN SO YOU'RE NOT ADOPTING THE C IP YOUR YOUR ROLE AS A LITTLE BIT MORE NARROW IN THAT YOU'RE JUST REVIEWING TO MAKE SURE IT'S IN ALIGNMENT WITH THE COMPREHENSIVE PLAN. BUT THIS IS JUST A SUMMARY OF SOME PROJECTS THAT COULD BE INITIATED IN 26 AND 27. THERE'S A PARKING RAMP PROJECT OUT IN THE SOUTH LOOP DISTRICT, THE NORTH CENTRAL SANITARY SEWER DIVERSION IS IN OUR PANAMERICAN DISTRICT WHERE THERE'S BEEN SOME SEWER CAPACITY ISSUES FOR REDEVELOPMENT IN THAT AREA AND THE NINE MILE CREEK CORRIDOR PROJECT IS PART OF THAT LOCAL OPTION SALES TAX BLOOMINGTON FORWARD PROJECTS SOME WRAP UP THERE ARE POTENTIAL IMPROVEMENTS AT CIVIC PLAZA A REBUILD A FIRE STATION TO AND SOME DIFFERENT ROADWAY PROJECTS AN OLD CHUNK OF PIT ROAD. THERE'S ALSO A NUMBER OF NEW PROJECTS THAT WERE ADDED THIS YEAR INTO THE C PIECE OF THIS ON THE SCREEN IS JUST KIND OF SOME SOME HIGH LEVEL HIGHLIGHTS THERE. AGAIN, A LOT OF POTENTIAL CIVIC PLAZA IMPROVEMENTS. THE HRA USED TO BE IN THE CIP AND THEN IT WAS TAKEN OUT AND NOW IT'S ADDED BACK IN SO THAT'S KIND OF THERE IMPROVEMENTS FOR HRA OWN PROPERTIES AND WE MENTIONED THE PARKING RAMP THE PROJECT ON OLD SHAKOPEE ROAD AND THEN A SAFE ROADS TO SCHOOL PROJECT AT STANLEY AV WEST 84TH STREET AS WELL. AND THEN THIS JUST KIND OF HIGHLIGHTS THERE'S A NUMBER OF BASKETBALL AND TENNIS COURT REPLACEMENTS AND PLAYGROUND REPLACEMENTS THAT ARE KIND OF OUTLINED IN THE PARK THE MASTER THE PARK SYSTEM MASTER PLAN AS WELL AND AND SO THE COMPREHENSIVE PLAN DOESN'T GET AT THE GRANULAR LEVEL OF SPECIFIC PROJECTS BUT AS A MORE A BROADER VISION FOR THE DIRECTION OF THE CITY. AND SO WHEN REVIEWING THIS THE IP IN COMPLIANCE WITH THE CURRENT PLAN STAFF HAS HISTORICALLY TAKEN THE APPROACH TO A POINT TO ANY GOALS OR STRATEGIES IN THE COMPREHENSIVE PLAN THAT SPEAK TO IMPROVING COMMUNITY FACILITIES, SERVICES AND INFRASTRUCTURE. AND SO THIS TABLE JUST KIND OF SUMMARIZES WHAT WAS OUTLINED IN THE STAFF REPORT THAT THE CITY FACILITIES CATEGORY OF THE CFPB MOST CLOSELY ALIGNS WITH OUR COMMUNITY FACILITIES CHAPTER OF THE COMPREHENSIVE PLAN AND THEN THERE'S THE RELEVANT GOALS AND STRATEGIES THAT KIND OF SPEAK TO IMPROVING COMMUNITY INFRASTRUCTURE AND SERVICES. SO SIMILARLY THAT THE HRA CATEGORY ALIGNS WITH THE HOUSING CHAPTER PARKS WITH COMMUNITY FACILITIES ARE SEWER WATER STORMWATER WITH UTILITIES ARE SOUTH LOOP AND PORT AUTHORITY PROJECTS KIND OF ALIGN WITH MULTIPLE CHAPTERS OR THERE'S MULTIPLE REFERENCES IN THE COMPREHENSIVE PLAN IN OUR LAND USE CHAPTER TRANSPORTATION CHAPTER AND COMMUNITY FACILITIES CHAPTER AND THEN FINALLY ALL OF OUR SURFACE TRANSPORTATION PROJECTS ALIGN WITH OUR TRANSPORTATION AND CHAPTER OF THE COMPREHENSIVE PLAN. AND SO STAFF DID REVIEW THE DRAFT CIP AND DIDN'T FIND IT TO COMPLY WITH THE COMPREHENSIVE PLAN. SO WE RECOMMEND YOU ADOPT A RESOLUTION I'M FINDING AS SUCH AND THE MOTION LANGUAGE IS THERE ON THE SCREEN. THANK YOU MR. CASSIDY QUESTIONS FOR STAFF MR. CASSIDY I'LL START WITH THE QUESTION. SO OUR ROLE THIS EVENING IS TO REVIEW THE CFP AND MAKE SURE IT'S OR FIND THAT IT'S IN COMPLIANCE WITH THE COMPREHENSIVE PLAN. ONE OF THE ITEMS THAT HAS POPPED UP IN THE CFP THIS YEAR IS A NEW PARKING RAMP FOR THE SOUTH LOOP WATER PARK BEING THAT THAT'S A VERY HIGH TICKET ITEM I THINK WE PROBABLY HAVE A RESPONSIBILITY TO ASK ABOUT THAT. SO COULD YOU PROVIDE STAFF'S POSITION ON HOW THAT IS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN? YEAH. CHAIR COOKTOWN IN PLANNING COMMISSION SO YEAH LIKE WE MENTIONED WE'RE YOU KNOW WE'RE LOOKING AT THE GOALS AND STRATEGIES OF THE COMPREHENSIVE PLAN THAT KIND OF SPEAK TO TO THE ALIGNMENT WITH THE CIP. SO YOU KNOW I KIND OF POINT TO IN THE STAFF REPORT LAND USE STRATEGY 2.1 THAT SAYS COORDINATE INFRASTRUCTURE UPGRADES AND EXPANSION WITH REDEVELOPMENT WE COULD ALSO POINT TO LAND USE GOAL FOR THAT PROMOTES ECONOMIC DEVELOPMENT FOR THE CITY AND REGION AND THEN LAND USE STRATEGY 4.4 AND THAT LEVERAGES PARTNERSHIPS AND FUNDING TOOLS TO FOSTER PUBLIC AND PRIVATE INVESTMENT IN INFRASTRUCTURE, ECONOMIC DEVELOPMENT AND COMMUNITY SERVICES. SO THE PORT AUTHORITY IN THE CITY HAS TAKEN A SIMILAR APPROACH TO OTHER REDEVELOPMENT IN THE SOUTH LOOP DISTRICT TO FIND WAYS TO SUPPORT ROAD AND OTHER PUBLIC INFRASTRUCTURE IMPROVEMENTS WHICH HAVE INCLUDED PARKING RAMPS TO FACILITATE DEVELOPMENT. SO KIND OF THINKING ABOUT THE HEADQUARTERS AND KIND OF CAMPUS AS WELL AS THE THE AC AND ELEMENT HOTEL HAZELWOOD DEVELOPMENT AND THE PARKING RAMP THERE. AND SO I THINK WE KIND OF POINT TO THOSE GOALS AND STRATEGIES THAT WE FIND IT IN ALIGNMENT WITH THE COMP PLAN. GREAT. THANK YOU. OTHER QUESTIONS FOR STAFF MR. MOSER EXCUSE ME. I DO THANK YOU FOR CLARIFYING THAT ALL OF THE SANITARY BUT NOT ALL BUT MOST OF THE SANITARY SEWER PROJECTS THAT WERE OUTLINED ARE TO ADDRESS THE NEED IN NORTH LOOP. MY QUESTION IS I KNOW THE CITY WAS SEEKING STATE FUNDING FOR THOSE PROJECTS BUT I DON'T BELIEVE THE STATE APPROVED IT . OKAY. THAT WAS MY QUESTION AS TO WHAT SORT OF OUTLOOK IS TO GETTING THOSE KINDS OF THINGS TAKEN CARE OF. YEAH. OKAY. Q CHAIR COOKED IN IF I MAY PLEASE. CHAIR KICKED IN COMMISSIONER MUNSTER WHILE THE STATE LEGISLATURE DID NOT PASS ANY BONDING IN THE LAST LEGISLATIVE SESSION, WE STILL HAVE THE BONDING REQUESTS FOR THE NORTH CENTRAL PROJECT AND WE ARE DOING A TOUR ON NOVEMBER 13TH WITH THE REPRESENTATIVES SO WE STILL HAVE OUR FINGERS CROSSED BUT THERE'S NO GUARANTEE. THANK YOU MS. LONG OTHER QUESTIONS FOR STAFF VISUALLY? THANKS. CHAIR COOKED AND I SEE THAT THERE'S HIGHLIGHT OF WHAT'S BEEN ADDED TO THE CIP FOR NEXT YEAR DO OFF THE TOP OF YOUR HEAD KNOW WHAT THINGS CAME OFF THE CFP OR IS IT JUST A LIST THAT'S CONTINUED TO GROW FROM YEAR TO YEAR? I CAN TAKE THAT ONE IF YOU'D LIKE. GREAT. SO PROJECTS NORMALLY WOULD STAY ON THE C I P WE WOULD UNLESS SOMETHING ELSE CAME THAT ACTUALLY REPLACED THAT TYPE OF ACTIVITY. SO GENERALLY FOR EXAMPLE A FIRE STATION TWO THAT'S COMING UP IN 2027 HAS BEEN ON THE CIP PROBABLY SINCE 2015 SO WE'VE KEPT MOVING IT ALONG DEPENDING ON WHEN WE ARE ABLE TO FUND IT . BUT IF FOR EXAMPLE I WOULD SAY IN THE NORTHERN DEAL AREA WHERE WE HAVE AN ABATEMENT DISTRICT ONE PROJECT CAME OFF THAT ABATEMENT DISTRICT AND IT CAME OUT OF THE C I P AND A NEW REVISED PROJECT CAME OUT SO THAT WOULD BE A PROJECT THAT CAME WAS ON THERE, CAME OFF AND SOMETHING REPLACED IT . ALL RIGHT THANK YOU. THANK YOU. THANK YOU MR. COMMISSIONER ANY OTHER STAFF QUESTIONS? SEEING NONE FOR NOW. THANK YOU, MR. CASSIDY. WE'LL MOVE ON TO DISCUSSION. HAVING DONE THIS A FEW TIMES THESE ARE PRETTY STRAIGHTFORWARD THE STAFF DOES A GOOD JOB REVIEWS THESE A LOT BEFORE THEY COME TO US AND WE'VE NEVER EVEN SNIFFED SOMETHING I THINK THAT IS NOT IN COMPLIANCE WITH THE COMPREHENSIVE PLAN. I THINK I HAVE A LOT OF TRUST IN OUR CITY THAT THEY'RE REVIEWING THIS FOR COMPLIANCE AND AREN'T TRYING TO PULL ONE OVER ON US AND SO OUR SCOPE ON THIS IS FAIRLY LIMITED. WE ARE NOT ASKED TO LOOK AT THE APPLICATIONS OR THE PROPOSALS. RATHER WE'RE NOT ASKED TO SAY WHETHER WE LIKE IT OR NOT. IT'S ABOUT BEING IN CONFORMANCE WITH THE COMPREHENSIVE PLAN I CAN FIND THIS ISN'T COMPREHENSIVE IN CONFORMANCE WITH A COMPREHENSIVE PLAN SO I'LL BE SUPPORTING IT AND YOUR THOUGHTS? IF NOT I WOULD LOOK FOR A MOTION COMMISSIONER WHEN I MOVE TO ADOPT RESOLUTION NUMBER 2025A RESOLUTION ON FINDING THAT THE COMBINED TEN YEAR CAPITAL CAPITAL IMPROVEMENT PLAN FOR 2026 TO 20 23RD 2035 COMPLIES WITH THE BLOOMINGTON COMPREHENSIVE PLAN. SO SECOND SECOND I HAVE A MOTION AND A SECOND TO ADOPT THIS RESOLUTION. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY I. I OPPOSED THEIR MOTION PASSES SIX ZERO MR. JOHNSON THIS IS A STUDY OVER THE PLANNING COMMISSION BUT I BELIEVE IT'S A PUBLIC HEARING OF THE CITY COUNCIL CHAIR KICKED IN. THAT'S CORRECT. THE CITY COUNCIL WILL BE HOLDING A PUBLIC HEARING ON THE CAPITAL IMPROVEMENT PLAN AND THEIR REGULAR MEETING ON DECEMBER THE 8TH OF THIS YEAR AND WITH THE PUBLIC HAVE A CHANCE TO TESTIFY AT THAT ITEM THEY WOULD CHAIR COOKED AND THEY CAN PROVIDE FEEDBACK ON THE PROJECTS LISTED IN THE C I P. OTHER MISCELLANEOUS ELEMENTS RELATED TO THE PROJECTS. SO CERTAINLY THERE'S AN AVENUE TO DO THAT THERE AREA THANK YOU VERY MUCH MR. JOHNSON AND THANKS TO ALL THE MEMBERS OF STAFF THAT HELPED US OUT ON THAT ITEM. WE WILL MOVE ON TO ITEM NUMBER THREE WHICH IS A DEVELOPMENT CASE FROM ROSA, A DEVELOPMENT COMPANY FOR A PRIVATELY INITIATED CODE AMENDMENT FOR EXISTING REMOTE AIRPORT PARKING FACILITIES. I WILL BE TAKING A RECUSAL ON THIS ITEM AND COMMISSIONER WHITE WILL BE THE ACTING CHAIR . THANK YOU CHAIR COOKED AND BEAR WITH ME THIS IS MY FIRST TIME CHAIRING SO IF I'M NOT AS SMOOTH AS OUR REGULAR CHAIR I'M SURE YOU'LL ALL HELP CORRECT ME SO BUT WITH THAT I BELIEVE THE FIRST THING UP WOULD BE A PRESENT A STAFF PRESENTATION. SO THE PLANNING MANAGER THANK YOU. >> ACTING CHAIR WHITE YES. THE THIRD ITEM ON YOUR AGENDA IS A PRIVATELY INITIATED CITY CODE AMENDMENT. IT IS A TOPIC THAT'S FAMILIAR TO MANY OF US HAVING PARTICIPATED IN A CITY INITIATED STUDY OVER THE COURSE OF THE SUMMER AND THIS FALL. IT IS SUBMITTED BY OUR ROSA DEVELOPMENT COMPANY WHO IS IN EFFECT OPERATES A PARKING FLY. SO ONE THING I WANT TO POINT OUT AT THE START OF THIS AT THE START OF THIS PRESENTATION FORGIVE ME IS THAT AS WE'VE DISCUSSED IN PLANNING COMMISSION TRAININGS AND JUST GENERALLY SPEAKING ABOUT THE VARIOUS APPLICATIONS THAT COME BEFORE US, THE PLANNING COMMISSION ACTS BOTH IN A LEGISLATIVE FUNCTION AND A QUASI JUDICIAL FUNCTION. SO THE APPLICATIONS THAT YOU TYPICALLY ACT IN A QUASI JUDICIAL FUNCTION INCLUDE VARIANCES, CONDITIONAL USE PERMITS, FINAL SITE AND BUILDING PLANS. THESE ARE APPLICATIONS THAT HAVE SPECIFIED AND REQUIRED FINDINGS IN THE CITY CODE THAT YOU HAVE TO MAKE TO APPROVE THEM. SO REALLY YOU'RE EVALUATING THEM TO SEE IF THEY MEET THE CITY CODE, THE COMPREHENSIVE PLAN, ALL THE TESTS THAT ARE SET UP ACCORDING TO THE REQUIRED FINDINGS FOR THOSE APPLICATIONS FOR THE OTHER APPLICATION TYPES YOU DO OPERATE IN A LEGISLATIVE FUNCTION AND IN THE LEGISLATIVE FUNCTION YOU HAVE A HIGHER LEVEL OF DISCRETION THAN YOU DO WHEN OPERATING IN A QUASI JUDICIAL FUNCTION. SO I JUST WANT TO POINT THAT OUT. SO FOR THE QUASI JUDICIAL ITEMS THERE'S A LOWER LEVEL OF DISCRETION AT THE VERY TOP BUILDING PERMITS CERTAINLY IF SOMETHING MEETS BUILDING CODE THE CITY HAS TO ISSUE THEM WHEN OPERATING ON LEGISLATIVE FUNCTION YOU HAVE MUCH MORE DECISION MAKING AUTHORITY AND DISCRETION. THERE'S NO SPECIFIC FINDINGS THAT HAVE TO BE MET FOR A CITY CODE AMENDMENT. REALLY WHAT YOU'D BE LOOKING TO IS THE CITY'S COMPREHENSIVE PLAN DISTRICT PLANS OTHER ADOPTED CITY POLICIES, LAND USE OR OTHERWISE IN GENERAL. ANOTHER THING I'LL POINT OUT TOO IS THAT FOR THIS APPLICATION TYPE DESPITE THE FACT THAT IT IS PRIVATELY INITIATED YOU HAVE THE SAME LEVEL OF DISCRETION OR DECISION MAKING AUTHORITY AS IT WOULD BE IF IT WERE A CITY INITIATED ACTION. SO REALLY IT'S SIMILAR TO ANY CITY CODE AMENDMENT BROUGHT BEFORE YOU. SO IT IS INITIATED BY THE PRIVATE IN THIS CASE BUT JUST WANTED TO HIGHLIGHT KIND OF THE DIFFERENT LEVELS OF DISCRETION AND THE DIFFERENCE BETWEEN QUASI JUDICIAL AND LET US LEGISLATIVE FUNCTIONS THAT THE PLANNING COMMISSION HAS. I WILL POINT OUT HERE TOO THAT UNLIKE SOME OF THE APPLICATIONS THE PLANNING COMMISSION ACTS ON THE CITY COUNCIL IN THIS CASE IS THE FINAL DECISION MAKER ON THIS APPLICATION. SO THE ORDINANCE BEFORE YOU THIS EVENING SUBMITTED BY AND FLY ROSE A DEVELOPMENT OPERATES PARK AND FLY WOULD AFFECT TWO EXISTING PROPERTIES IN BLOOMINGTON THAT WE'VE DISCUSSED A FAIR AMOUNT AS PART OF THIS STUDY SO RIGHT JUST SOUTH OF 94 ALONG 34TH AVENUE THERE'S TWO EXISTING FACILITIES THAT ARE CURRENTLY IN OPERATION PARK AND GO ON THE WEST SIDE OF 34TH AVENUE AND PARK AND FLY. BOTH OF THESE SITES ARE AROUND 12 ACRES AND SITE PARKING FLY HAS AROUND 2000 PARKING STALLS BETWEEN SURFACE PARKING AND A PARKING STRUCTURE ON THE EAST SIDE OF THEIR PROPERTY. PARKING GO HAS AROUND FIVE 1500 PARKING STALLS AS PART OF THEIR FACILITY SO PARKING FLIES BEEN OPERATING SINCE THE LATE 80S PARKING GO JUST THE EARLY 90S SHORTLY THEREAFTER SO JUST WANTED TO LEVEL SET AGAIN PROVIDE THIS CONTEXT IN TERMS OF YOU KNOW WHAT THE IMPLICATIONS OF THESE CODE COLEMAN OF THE CODE AMENDMENT PUT FORTH BEFORE YOU THIS EVENING SO TO PROVIDE A LITTLE ADDITIONAL BACKGROUND HERE YOU KNOW THE CITY COUNCIL ULTIMATELY ADOPTED AN ORDINANCE ON SEPTEMBER 29TH. WHAT PRECEDED THAT ORDINANCE WAS THE STUDY THAT I MENTIONED THE CITY INITIATED STUDY IN OCTOBER OF 2024. THE CITY ADOPTED A MORATORIUM ON THIS USE. NOT ONLY DID THAT PAUSE ANY POTENTIAL DEVELOPMENT APPLICATIONS, THE CITY COULD RECEIVE, IT ALSO PAUSED ENFORCEMENT AND OTHER ACTIVITIES. SO THAT WAS DONE IN OCTOBER 2024 FOLLONG THE STAFF STUDY THAT TOOK ABOUT EIGHT MONTHS TO PREPARE WE CAME BACK TO THE PLANNING COMMISSION AND CITY COUNCIL PRESENTED OUR FINDINGS FOLLOWING DIRECTION OF THAT STAFF PRESENTED A STAFF RECOMMENDED ORDINANCE. THE KEY FEATURE OF THAT ORDINANCE WAS THAT THERE WOULD BE A THREE ACRE DEVELOPMENT SET ASIDE. YOU RECALL REVIEWING THAT AS PART OF A PUBLIC HEARING AND THE COMPLIANCE DATE AND THE STAFF RECOMMENDED VERSION OF THAT ORDINANCE. WHAT ABOUT IN 2029 GIVING THE OPERATOR TIME TO NAVIGATE THE DEVELOPMENT CYCLES, PREPARE PLANS IN OTHER WORDS GIVING THEM TIME TO KIND OF PREPARE FOR THIS CHANGE THE PLANNING COMMISSION REVIEW THAT ORDINANCE THEY DID RECOMMEND APPROVAL BUT DID RECOMMEND BAC BACKING THE COMPLIANCE DATE UP TO 2034 IF YOU RECALL THAT WAS KIND OF THE KEY ELEMENT OF THE PLANNING COMMISSION'S ACTION WHEN IT CAME FORWARD TO THE CITY COUNCIL. THE CITY COUNCIL BROADLY SUPPORTED THE FIRST TWO ELEMENTS THEY'RE LISTED ON YOUR SCREEN SO ADOPTING STANDARDS FOR HOTEL AIRPORT PARKING AS WELL AS NEW AIRPORT PARKING WITHIN EXISTING PARKING STRUCTURES THAT ARE FOUND TO HAVE ADEQUATE CAPACITY OR EXCESS SUPPLY OF PARKING. AND SO THOSE ELEMENTS DID MOVE FORWARD. I WANT TO NOTE THAT THOSE DEVELOPMENTS OBVIOUSLY ARE PAIRED WITH MORE SIGNIFICANT DEVELOPMENTS EITHER A HOTEL IS SIGNIFICANT DEVELOPMENT OR IN THE CASE OF SOME OF THESE OTHER PARKING STRUCTURES THEY'RE TIED TO OFFICE BUILDINGS. THE MALL MORE SIGNIFICANT USES AS PART OF THE CITY COUNCIL DISCUSSION AND UNFORTUNATELY CONSENSUS WAS NOT BROADLY REACHED IN TERMS OF WHAT FINAL POLICY SOLUTION WAS APPROPRIATE FOR THE EXISTING TWO OPERATORS. SO ULTIMATELY WHAT THEY DECIDED TO DO WAS TO ALLOW TO MAINTAIN THEIR USE DESIGNATION AS AN INTERIM USE IN THE ZONING DISTRICT AND TO EXTEND THE ALLOWANCE TO SEEK APPLICATION FOR INTERIM USE PERMITS OR VALIDITY THROUGH AUGUST 8TH, 2027. NOW THAT SEEMS LIKE A VERY SPECIFIC DATE. WHY WOULD THEY DO THAT? BASICALLY THEY WANTED TO ALIGN THE INTERIM APPROVAL ALLOWANCE FOR THE TWO OPERATORS TO A SINGLE DEADLINE. THE REASON THAT THEY DID THIS IS THAT THEY WANTED TO CREATE EFFECTIVELY 20 MONTHS OF TIME FOR THE CITY AND THE TWO EXISTING OPERATORS TO CONTINUE WORKING TOGETHER TO TRY AND REACH SOME TYPE OF MORE FINAL POLICY LANDING SPOT THAT COULD BE AMENABLE TO BOTH PARTIES. SO EFFECTIVELY THAT'S WHAT THEY DID. AND THEN FINALLY THE ORDINANCE THAT WAS ADOPTED REMOVED THE MORATORIUM THAT WAS IN PLACE. SO THE APPLICATION BEFOREOU THIS EVENING AGAIN SUBMITTED BY PARKING FLY WOULD AFFECT BOTH PARKING GO AND PARK AND FLY. THE MAIN ELEMENTS HERE ARE LISTED ON THE SLIDE OUTLINED IN THE STAFF REPORT. THE FIRST THING I WOULD NOTE IS IT WOULD CHANGE EXISTING REMOTE AIRPORT PARKING FACILITIES FROM AN INTERIM USE TO A CONDITIONAL USE. SO MANY OF YOU HAVE HELD HEARINGS ON CONDITIONAL USE PERMITS. YOU'RE FAMILIAR WITH THE CONDITIONAL USE PERMIT PROCESS . AGAIN, THAT'S ACTING IN A QUASI JUDICIAL FUNCTION. THE ONE THING I WANT TO HIGHLIGHT ABOUT A CONDITIONAL USE IS SHOULD A CONDITIONAL USE BE APPROVED? IT IS A PERMANENT LAND USE APPROVAL THAT RUNS WITH THE LAND NOT WITH THE OPERATOR. SO UNLESS THE USE WERE TO REMAIN INACTIVE OR VACANT FOR A PERIOD OF A YEAR OR MORE EFFECTIVELY THOSE RIGHTS CAN CONTINUE ON PERMANENTLY OR INDEFINITELY. SO I DO WANT TO MAKE THAT POINT. THE OTHER FEATURE OF THE PRIVATELY INITIATED ORDINANCE PUT FORTH BY ROSA DEVELOPMENT WOULD BE AN OPTIONAL DEVELOPMENT SET ASIDE SHOULD THE FACILITY CHOOSE TO INTENSIFY THEIR USE BY ADDING MORE PARKING STALLS VIA A PARKING STRUCTURE ON THEIR SITE SAY THEY WANTED TO BUILD IN MORE PARKING SUPPLY VIA PARKING STRUCTURES THEN THAT WOULD TRIGGER A DEVELOPMENT SITE TO BE PROVIDED ALONG AMERICAN BOULEVARD. SO IN THIS ORDINANCE IT'S REALLY INTENSIFICATION IS WHAT TRIGGERS THE DEVELOPMENT SITE. THERE'S ALSO A STANDARD THAT SCREENING WOULD HAVE TO BE PROVIDED BETWEEN THE DEVELOPMENT SITE AND THE REMOTE AIRPORT PARKING USE AS AS ONE IT'S CREATED. THE OTHER THING I WOULD NOTE TOO IS THAT THERE IS NOT A MINIMUM SIZE ESTABLISHED WITHIN THEIR PROPOSED ORDINANCE FOR THE PROPOSED DEVELOPMENT SITE. SO THE SPECIFICITY OPTIONS ARE REALLY LOCATIONAL LIMITED TO LOCATION ALONG AMERICAN BOULEVARD. THE FINAL COMPONENT OF THE ORDINANCE THAT THEY PUT FORTH IS THAT THEY WOULD EXEMPT EXISTING FACILITIES FROM HSR ZONING DISTRICT PARKING, LIGHTING AND LANDSCAPING STANDARDS WITHIN THE EXISTING FACILITY UNLESS THE USE WAS INTENSIFIED, UNLESS THE SITE WAS INTENSIFIED AND THEN THAT WOULD TRIGGER A CODE COMPLIANCE IN THAT WAY. SO BASED ON THE SIGNIFICANT COST OF STRUCTURED PARKING BASED ON SOME OF THE HISTORY WITH THE SITE STAFF JUST WANTS TO REITERATE THAT IT'S REALLY AT THEIR CHOOSING SHOULD THEY WANT TO INTENSIFY AND I JUST WANT TO UNDERLINE THAT WHAT THIS COULD RESULT IN IS YOU KNOW, SHOULD A CONDITIONAL USE PERMIT BE APPROVED WHICH HAS LESSER DISCRETION THAN THAN THIS TYPE OF APPLICATION, IT COULD RESULT IN THESE FACILITIES OPERATING IN THEIR EXISTING OR AS THEIR AS BUILT STATE IN PERPETUITY. SO JUST WANT TO HIGHLIGHT THAT HERE IS THE ACTUAL LANGUAGE OF THE PRIVATELY INITIATED CITY CODE AMENDMENT. I'M NOT GOING TO GO THROUGH IT AGAIN BECAUSE I JUST PROVIDED YOU A SUMMARY BUT I JUST WANTED TO SHARE OR REITERATE THAT I DO HAVE THE PRECISE LANGUAGE OF THE APPLICANT'S ORDINANCE HERE ON THE SLIDES SHOULD YOU NEED THEM SO AGAIN THIS FIRST PART CONDITIONAL USE REMOVING THE INTERIM USE DESIGNATION AND THEN HERE ARE THOSE DEVELOPMENT STANDARDS THAT I MENTIONED EFFECTIVELY SO STAFF IS NOT SUPPORTIVE OF THIS APPLICATION. IN TERMS OF OUR GENERAL RECOMMENDATION THERE'S THREE MAIN FACTORS WHY OUR STAFF IS NOT RECOMMENDING APPROVAL OF THIS APPLICATION THE FIRST OF WHICH IS THAT THE CITY COUNCIL JUST TOOK ACTION ON AN ORDINANCE THAT KEPT THE DESIGNATION OF THIS USE AS AN INTERIM USE IN ORDER TO AGAIN CREATE THAT 20 MONTHS OF SPACE TO CONTINUE CONVERSATIONS TO TRY AND REACH A MUTUALLY AGREED UPON POLICY SOLUTION. SO THAT HAS NOT YET OCCURRED. THE THERE'S CERTAINLY WITHIN THEIR RIGHT TO SUBMIT THIS APPLICATION. ABSOLUTELY. I DO WANT TO HONOR THAT. BUT AS PART OF THE DISCUSSIONS AT THE CITY COUNCIL I DO WANT TO REITERATE THAT THERE WAS GENERAL DISCUSSION FROM MULTIPLE CITY COUNCIL MEMBERS THAT REMAINED, YOU KNOW, COMMITTED OR PREFERRED SOME REDEVELOPMENT BE PAIRED WITH THE FINAL POLICY SOLUTION. SO I DO WANT TO HIGHLIGHT THAT FACT AS PART OF THE CITY COUNCIL DELIBERATIONS RELATED TO THIS SLIDE HERE, I DO WANT TO HIGHLIGHT THAT THE CITY COUNCIL DID CONSIDER A MOTION TO ALLOW THIS USE AS A FLAT PERMITTED USE. THAT MOTION FAILED 4 TO 2 AT THE CITY COUNCIL LEVEL. IN ADDITION TO THAT AT THEIR FINAL ADOPTION ON THE 29TH THE APPLICANT BEFORE YOU THIS EVENING WE ALSO INCLUDED THEIR PREFERRED POLICY SOLUTION WHICH WAS A CONDITIONAL USE SIMILAR TO TONIGHT'S ORDINANCE ALTHOUGH WITHOUT A DEVELOPMENT SET ASIDE THE CITY COUNCIL ALSO DID NOT TAKE THAT OPTION UP IN TERMS OF THEIR FINAL ACTION. SO I JUST WANT TO HIGHLIGHT THOSE THINGS IN ADDITION TO THAT ELEMENT. THE NEXT TWO ELEMENT THESE ARE THINGS THAT REALLY WE COVERED MORE BROADLY AS PART OF OUR STUDY BUT IT'S AN ONGOING ELEMENT OF THAT IS YOU KNOW, ESSENTIAL TO STAFF'S ANALYSIS AS PART OF THE CASE. AGAIN, AS I MENTIONED YOU HAVE HIGH DECISION MAKING AUTHORITY IN THIS CASE BUT YOU DO SHOULD LOOK TO THE COMPREHENSIVE PLAN DISTRICT PLAN OVERALL THIS WAS COVERED PRETTY EXTENSIVELY IN THE STUDY THAT WAS PERFORMED BUT EXTENSIVE PERMANENT SURFACE PARKING ALONG 494 IS INCOMPATIBLE WITH BOTH THE PLAN AND THE DISTRICT PLAN. FIRST OF ALL, RELATED TO THE DISTRICT YOU KNOW THE SOUTH OF DISTRICT TALKS ABOUT TRANSFORMING THAT DISTRICT FROM SUBURBAN TO URBAN. IT HAS A VISION OF A URBAN VIBRANT WALKABLE INTENSELY DEVELOPED AREA AS WELL AS A SUSTAINABLE DISTRICT. SO THERE'S ELEMENTS OF THAT CORE PLAN STEMMING BACK FROM 2012 THAT STAFF STILL FEEL IS NOT MET HERE. AND THEN MORE BROADLY IN THE COMPREHENSIVE PLAN AND THE LAND USE GOALS AND STRATEGIES AS WELL AS IN THE TRANSPORTATION ELEMENT IT TALKS ABOUT THE NEED TO PARE THE CITY'S LARGEST INVESTMENTS AND TRANSPORTATION INFRASTRUCTURE WITH HIGH AND HIGH DENSITY AND INTENSE DEVELOPMENT. JUST MORE SIMPLY PUT JUST EMPHASIZING THE IMPORTANCE OF TRANSIT ORIENTED DEVELOPMENT IN THE CITY MOVING FORWARD. THE CITY'S EXPERIENCE IN THIS IS JUST THAT MARKET FORCES ALONE HAVE NOT LED TO REDEVELOPMENT. THAT'S NOT TO SAY THAT IT NEVER COULD OCCUR THAT WAY. I DON'T WANT TO MAKE THAT STATEMENT. BUT JUST MORE GENERALLY, YOU KNOW THERE'S A FAIR AMOUNT OF EVIDENCE THAT MARKET ALONE HAS NOT BEEN SUCCESSFUL IN CHANGING THE CONDITIONS OF THE SITE. AND THEN FINALLY JUST IN CONSISTENCY WITH THE HSR ZONING DISTRICT, YOU KNOW, EVERY ZONING DISTRICT IN THE CITY HAS A NUMBER OF DIFFERENT INTENT STATEMENTS. OF COURSE HSR WAS DEVELOPED ALONG WITH THE BLOOMINGTON CENTRAL STATION DEVELOPMENT AS WELL AS AS A TOOL TO HELP IMPLEMENT IT OR TO BE USED TO IMPLEMENT THE SOUTH DISTRICT PLAN. SO IT WAS BROADLY APPLIED TO MANY SITES THROUGHOUT BLOOMINGTON AND THE MANY FACTORS ARE KIND OF DETAILED IN THE STAFF REPORT. SO WITH THAT OUR STAFF IS RECOMMENDING DENIAL OF THIS APPLICATION. I DO HAVE A SUGGESTED MOTION FOR YOU HERE ON THE SCREEN. THANK YOU. PLANNING MANAGER QUESTIONS FOR STAFF COMMISSIONER THANK YOU MADAM CHAIR. EXCUSE ME. I HAVE A SERIES OF QUESTIONS IF YOU'LL BE SO KIND. I HAD OKAY. SO I JUST WANT TO BE SURE THAT I'M UNDERSTANDING WHAT THIS PROPOSAL IS AND WE'RE ALL CLEAR AS TO WHAT THIS PROPOSAL IS. SO ON SEPTEMBER 29TH THE COUNCIL TOOK FINAL ACTION ON THE AIRPORT PARKING STUDY ON OCTOBER 3RD I BELIEVE IT WAS THIS APPLICATION CAME THROUGH THE DOOR PROPOSING EXACTLY THE SAME THING THAT WAS PROPOSED AT THE COUNCIL. YEAH, PLANNING MANAGER CHAIR WHITE COMMISSIONER MUNSTER SO THE THE VERSION SO I'D HAVE TO LOOK BACK AT THE EXACT DATE THAT THE APPLICATION WAS SUBMITTED. IT WAS A SHORTLY THEREAFTER IT WAS A FEW DAYS AFTER THE CITY COUNCIL ACTION I BELIEVE. BUT WHAT I WANT TO EMPHASIZE IS THAT THE ORDINANCE BEFORE YOU IN THE PACKET THIS EVENING WAS NOT PRECISE LEE THE EXACT SAME PROPOSAL THAT THE APPLICANT PUT FORWARD THAT WAS INCLUDED IN THE SEPTEMBER 29TH CITY COUNCIL PACKET. THERE ARE SOME THERE ARE SOME DIFFERENCES THAT'S RIGHT. I DO APOLOGIZE. THERE WAS THE SET ASIDE PROVISION THAT WAS ADDED AND FOR THE RECORD THE THE LETTER THAT WAS SUBMITTED WITH THIS IS DATED OCTOBER 1ST. SO IT MAY OR MAY NOT HAVE COME IN ON OCTOBER 1ST BUT WITHIN DAYS OF THE COUNCIL TAKING ACTION THIS THING CAME THROUGH THE DOOR WHEN THE COUNCIL SPECIFICALLY GAVE STAFF 20 MONTHS TO WORK WITH THESE OPERATORS TO COME UP WITH A WORKABLE SOLUTION FOR EVERYTHING. IS THAT RIGHT? CHAIR CHAIR WHITE COMMISSIONER MUNSTER. THAT'S CORRECT AND I DO SEE IN THE STAFF REPORT THAT THE APPLICATION DATE IS OCTOBER THE 1ST, SO THAT'S CORRECT. OKAY. THANK YOU. SO AND I JUST AGAIN WANT TO BE SURE THAT WE'RE ALL UNDERSTANDING THIS SO THE LANGUAGE AS PROPOSED WOULD MAKE AIRPORT PARKING A CONDITIONAL USE WHICH ESSENTIALLY GIVES PERMANENT RIGHTS AS YOU SAID. BUT THEY'RE GOING TO BE ASKING FOR THIS AND GIVING THE CITY ESSENTIALLY NOTHING IN RETURN OTHER THAN THEY NOW GET TO BE PERMANENT AND WE DON'T HAVE TO HAVE A HEARING FOR INTERIM USES. CHAIR WHITE COMMISSIONER MUNSTER THE THE TRIGGER FOR ANY SIGNIFICANT INSIDE CHANGES WOULD BE INTENSIFICATION OF USE ON THEIR SITE. SO IF THEY WERE TO ADD MORE PARKING SUPPLY, IF THEY WERE TO MAKE THOSE TYPES OF CHANGES THEN THAT'S WHAT WOULD TRIGGER THE DEVELOPMENT SET ASIDE. THEY WOULD NOT BE REQUIRED TO DO THAT. AND THE ONE THING I'LL JUST STIPULATE TO YOUR STATEMENT IS THAT THEY STILL JUST FOR A POINT OF CLARIFICATION THEY STILL HAVE TO APPLY FOR A CONDITIONAL USE PERMIT AND GO THROUGH THE Q P REVIEW AND APPROVAL PROCESS. SO STIPULATING THAT ABSOLUTELY CERTAINLY CERTAINLY AND AGAIN AND I'M NOT EVEN TALKING ABOUT THE DEVELOPMENT SET ASIDE I'M TALKING ABOUT THE FACT THAT THEY HAVE ACCORDING TO THE LANGUAGE OF THEIR PROPOSED ORDINANCE EXEMPTED THEMSELVES FROM HAVING TO COMPLY WITH LIGHTING, WITH LANDSCAPING, WITH ANYTHING BUT THE BARE MINIMUM OF SCREENING THAT ESSENTIALLY WHAT THEY'RE LOOKING FOR IS APPROVAL TO CONTINUE ON EXACTLY AS THEY ARE TODAY INDEFINITELY PENDING A CONDITIONAL USE APPLICATION. CHAIR WHITE COMMISSIONER MUNSTER, I WOULD AGREE WITH YOUR STATEMENT WITH THE STIPULATION THAT CONDITIONS OF APPROVAL CAN BE ADDED TO A CONDITIONAL USE PERMIT AGAIN BUT CANNOT BE ARBITRARY AND CAPRICIOUS. IT MUST BE TIED TO SOME ESSENTIAL NEXUS WHAT THE USES THE IMPACTS THAT THE USE CREATES. ALL RIGHT. THANK YOU AND CHAIR COMMISSIONERS, IF I MIGHT ADD WE DON'T HAVE THE CITY IT DOESN'T HAVE ANY AUTHORITY TO CHANGE THOSE CONDITIONS ONCE IT'S IN PLACE. RIGHT. WE CAN'T UNLESS THEY COME IN AND ASK AND MAKE AN APPLICATION. CITY HAS NO POWER TO CHANGE ANY OF THOSE CONDITIONS. SO ONCE THEY'RE THERE THEY'RE THERE. THANK YOU. ANY OTHER QUESTIONS FOR STAFF COMMISSIONER ISSA THANK YOU, CHAIR WHITE YEAH. SO FOR THE WITH THE THREE ACRES SET ASIDE STILL BE SET ASIDE FOR ESTABLISH THAT'S REMOVED IN THIS UPDATED I GUESS JUST SO I CHAIR WHITE PLANNING MANAGER I WOULD JUST I BELIEVE I'M GOING TO TRY AND TACKLE THIS ONE TIME IF I GET IT RIGHT OR WRONG. THERE IS THIS PARTICULAR LANGUAGE IS FOR AN AMENDMENT OR FOR AN ORDINANCE NOT FOR A PERMIT APPLICATION. SO THERE IS A DIFFERENCE THERE. THE OTHER THING IS THAT I BELIEVE THAT THERE IS NO SET ASIDE FOR DEVELOPMENT REQUIRED. THAT'S ONE OF THE THINGS THAT WOULD BE REMOVED BUT IT COULD BE DONE SHOULD THEY HAVE THE THE CHANGE AND INTENSIFICATION DAY? I GET THAT RIGHT? YEAH SURE. WHITE THE ONLY THING I'LL ADD IS SO THE JUST THE THREE ACRE COMPONENT WAS A COMPONENT OF THE STAFF RECOMMENDED ORDINANCE EARLIER ON IN THE STUDY THE ORDINANCE BEFORE YOU THIS EVENING THAT'S SUBMITTED BY THE PRIVATE PARTY DOES NOT CLUE INCLUDE A SIZE IT TALKS ABOUT ORIENTATION OR LOCATION ALONG AMERICAN BOULEVARD EAST DOES NOT MENTION A SIZE AND AS CHAIR WHITE MENTIONED WOULD ONLY BE TRIGGERED SHOULD THEY SEEK TO INTENSIFY THE USE BY BUILDING STRUCTURED PARKING. THANK YOU CHAIR WHITE THANK YOU. FINALLY MANAGER JOHNSON OTHER QUESTIONS FOR STAFF AND I'LL LET THEM ANSWER THIS TIME. ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT THEN I BELIEVE IT IS TIME FOR IT TO HEAR FROM THE APPLICANT. SO IF YOU'D LIKE TO STEP FORWARD AND INTRODUCE YOURSELF . HI, HOW ARE YOU? I'M KRISTEN MIRA WITH PRESIDENT ALTMAN AND I. I DON'T KNOW IF I SHOULD JUST START OR OKAY, GO AHEAD. YEAH. THANK YOU. I'D LIKE TO CATCH YOU UP ON WHAT'S HAPPENED SINCE THE LAST TIME I WAS HERE BECAUSE I FEEL WE HAVE A SLIGHTLY DIFFERENT PERSPECTIVE. BUT AS YOU KNOW WE'VE BEEN OPERATING PARK AND FIVE FOR 38 YEARS AND LAST FALL THE MORATORIUM WAS STARTED TO FIND A PERMANENT SOLUTION FOR A LONG STANDING ISSUE. I WAS VERY EXCITED OVER THE LAST YEAR I TRIED TO ATTEND ALL THE MEETINGS AND PARTICIPATE IN THE STUDY, BE PROACTIVE IN ACHIEVING THE GOAL OF A PERMANENT SOLUTION. DIFFERENT OPTIONS WERE PRESENTED. THE MAYOR MADE A MOTION FOR PERMANENT RATES. THE STAFF PROPOSED THEIR OPTION AND YOU KNOW THROUGH ALL THAT HOTELS WERE GRANTED PERMANENT PERMITTED RATES NEW OPERATORS THE MALL AND MR. KATIE'S GROUP RECEIVED A CONDITIONAL USE PERMIT WITH RELATIVE IS JUST LEAPFROGGING RIGHT OVER US AND IN MY OPINION THE HOTELS WERE GRANTED FULLY PERMANENT RIGHTS BECAUSE THEY PAY BURLINGTON A LODGING TAX WHILE WE PAY A TRIP FEE TO THE AIRPORT OR TARMAC AND INSTEAD AND THE REASON THE NEW OPERATORS IN THE HOTELS PASS SO EASILY IS THEIR MOTIONS WERE VERY SIMPLE TO UNDERSTAND THEY WERE DRAFTED IN A SIMPLE WAY AND OURS WAS DRAFTED IN A VERY COMPLICATED MANNER WITH THESE PERFORMANCE STANDARDS AND SET ASIDES AND DIFFERENT CODE YOU KNOW CODING AND AND AT THE CITY COUNCIL LEVEL THE STAFF PROPOSAL WAS NEVER PUT UP FOR INITIATED FOR MOTION SO THEY OBVIOUSLY DIDN'T REALLY WE'RE NOT FOND OF IT SO WHERE DOES THAT LEAVE US? IT LEAVES US WE KIND OF ARE ELIMINATING ALL THESE OPTIONS IF WE DON'T WANT IT TO BE PERMITTED THAT THAT'S OFF THE TABLE. YOU CAN'T PROHIBIT IT BECAUSE NOW YOU'VE OPENED IT UP TO NEW USERS. THE INTERIM USE PERMIT THE APPROACH DOES NOT WORK. WE'VE BEEN TRYING IT FOR 38 YEARS. WE JUST HAD A MORATORIUM FOR A YEAR WORKING TOWARDS THIS GOAL AND WE HAVEN'T REALLY GONE ANYWHERE. SO WE TRIED TO THREAD THE NEEDLE BETWEEN YOU KNOW, THESE DIFFERENT OPTIONS AND TRY TO FIND SOMETHING THAT IS WORKABLE WHERE, YOU KNOW, WE DEVELOPMENT DOES COME FROM OPPORTUNITY NOT FROM MANDATES AND WE'VE TRIED TO FIND A CONDITIONAL USE PERMIT THAT DOES INCENTIVIZE DEVELOPMENT BUT WITHOUT YOU KNOW, THE MILESTONE APPROACH THAT HASN'T FAILED IN THE PAST. I DO FEEL A BIT LIKE I'VE BEEN RUNNING A MARATHON AND NOW I'M AT MILE 25 AND BEING TOLD ACTUALLY YOUR RACE IS 50 MILES AND EVERYBODY ELSE IS FINISHED NOW. SO THE REASON THAT WE WERE PROACTIVE IN EARLY OCTOBER IS BECAUSE WE REALLY WANT TO GET THIS DONE. WE DON'T WANT TO WASTE ANY MORE TIME YOURS OR MINE OR I DON'T WANT TO BE, YOU KNOW, HERE FOREVER. THE 38 YEARS IS A VERY LONG TIME TO BE DEALING WITH THIS. I READ ABOUT YOUR RECENT ELECTION AND ONE OF THE MAIN TOPICS WAS THE 9.5% PROPERTY HIKE ON RESIDENTS. SO IF ASKED FOR IN GENERAL FOR THE CITIZENS OF BLOOMINGTON, DO YOU THINK THAT MOST RESIDENTS WOULD REALLY WANT TO PAY HIGHER TAXES TO CHASE AROUND A LONG STANDING BUSINESS THAT REALLY ISN'T DOING ANYTHING WRONG AND WANTING TO SOLVE THE ISSUE FOR FREE RIGHT NOW? SO I WORKED HARD FOR OVER TEN YEARS TO TRY TO REMAIN IN COMPLIANCE. I DON'T WANT TO SIT BACK AND WAIT FOR MY PERMIT TO EXPIRE BE DELAYED, DIVERTED, TABLED ANY LONGER AND AND REALLY WITH WITH THE EXPIRING PERMIT YOU YOU GET PUSHED IN THE CORNER AND YOU DON'T HAVE OR YOU'RE NOT ABLE TO NEGOTIATE OR TALK IN AN EQUITABLE WAY YOU YOU'RE KIND OF BECOME DESPERATE AND I DON'T WANT TO DO THAT I DON'T WANT TO BE FORCED TO DO THAT. SO I DON'T SEE WHAT IS GOING TO CHANGE IN THE NEXT 20 MONTHS BECAUSE THERE'S NOT ANY OTHER OPTIONS. WE HAVE TRIED ALL OF THE OTHER ALTERNATIVES. IF STAFF HAS ANY OTHER OPTIONS I WOULD LOVE TO HEAR THEM. BUT YOU KNOW WHEN WE TRIED TO FLOAT THIS IDEA WE DIDN'T HEAR ANY FEEDBACK. WE WERE NOT GIVEN ANY WAYS TO MOVE FORWARD. SO THIS IS WHERE WE ARE AND IF THIS COMPROMISE FAILS I DON'T SEE TOO MANY OPTIONS LEFT BUT BEING FORCED TO DEFEND MY RIGHTS SO WE'VE OFFERED A CLEAR PATH HERE ONE THAT I HOPE DOES MIRROR WHAT THE NEW OPERATORS RECEIVED AS WELL AS MANIFEST WHAT THE COUNCIL AND THE MAYOR WERE INCREDIBLY CLOSE AND THERE WAS A LOT OF STUFF GOING ON THAT NIGHT. THEY WERE CLOSE TO TO COMING UP WITH A SOLUTION AND I FEEL WE WE WERE VERY CLOSE AND THEY VOTED TO DELAY IT BECAUSE THE OTHER OPERATOR HAD AN EXPIRED PERMIT. THE MORATORIUM WAS EXPIRING AND THEY HAD TO DO SOMETHING TO BRIDGE THE GAP. BUT I DON'T THINK THAT THEY HONESTLY WANT THIS ISSUE TO DRAG ON ANY LONGER EITHER BECAUSE OTHERWISE WHY WOULD THEY HAVE HAD THE MORATORIUM TO START WITH? WHY WOULD THEY HAVE YOU KNOW, HAVE WANTED THIS A PERMANENT SOLUTION? NOW WE'RE YOU KNOW OH WELL WE'RE ALMOST AT A PERMANENT SOLUTION. WELL, WE CAN WAIT TWO YEARS. IT DOESN'T MAKE SENSE TO ANYBODY LIKE I WANT TO FREE UP STAFF TIME. I WANT TO FREE UP OUR TIME YOUR TIME TO DO BIGGER AND BETTER THINGS FOR YOUR COMMUNITY. SO THANK YOU. THANK YOU. FINALLY I . GOOD EVENING COMMISSIONERS BILL GRIFFITH REPRESENTING ROSA DEVELOPMENT IN THIS APPLICATION. CHRISTINE ALLUDED TO THE REASON WE BROUGHT THIS FORWARD NOW RATHER THAN LATER AND IT REALLY WAS WE'VE BEEN TALKING TO COUNCIL MEMBERS, WE'VE BEEN TALKING TO STAFF, WE'VE BEEN TALKING ABOUT THIS ISSUE NOT NOT JUST FROM THE MORATORIUM ON FOR SEVERAL YEARS NOW. SO THIS IS NOT A NEW TOPIC. OUR INTENT IN BRINGING FORWARD THIS ORDINANCE AMENDMENT WAS SO THAT THE COUNCIL IN PARTICULAR COULD HAVE THAT IN FRONT OF THEM BEFORE THE END OF THE YEAR. WHY? BECAUSE THERE'S TURNOVER ON THE COUNCIL. WE START OVER, WE START EXPLAINING OUR SITUATION AND THE BASIS FOR OUR EXISTING RIGHTS WITH A WHOLE NEW SET OF CHARACTERS OR AT LEAST A COUPLE NEW CHARACTERS AND SO WHAT WE DID WE THINK WAS A SERVICE TO THIS CITY. WE WERE CLOSE. WE WERE WE'VE TALKED TO THE COUNCIL MEMBERS INDIVIDUALLY. WE CAN DO THAT AS APPLICANTS, AS OWNERS AND WE HAD A SENSE THAT WE WERE VERY CLOSE. WHAT THEY WERE DEALING WITH WAS ENDING THE MORATORIUM DEALING WITH PARKING GOES RIGHTS. THEY HAD NO RIGHT TO CONTINUE THEIR OPERATIONS. THEY HAD THREE ORDINANCES IN FRONT OF THEM AND THEY HAD TO BASICALLY RESOLVE THAT BEFORE THE MORATORIUM EXPIRED. AND SO NOW THEY HAVE THE COUNCIL WILL HAVE ONE ORDINANCE IN FRONT OF THEM WITH A VERY CLEAR DIFFERENCE. NOW LET'S KEEP IN MIND THAT THE CITY STAFF PROPOSED A CONDITIONAL USE PERMIT PERMANENT RIGHTS. THIS PLANNING COMMISSION PROPOSED A CONDITIONAL USE PERMIT WITH PERMANENT RIGHTS. THE CITY COUNCIL GAVE NEW OPERATORS A CONDITIONAL USE PERMIT WITH PERMIT RIGHTS. SO WHAT WE'RE ASKING FOR IS THE SAME TREATMENT A CONDITIONAL USE PERMIT WITH PERMANENT RIGHTS. THE ONLY THING THAT WE REALLY OBJECTED TO AND IT'S BASED ON DEVELOPER EXPERIENCE IS A MANDATE FOR A SET ASIDE BY A DATE CERTAIN. WHY DID WE OBJECT TO THAT? BECAUSE THAT'S WHAT WE'VE HAD FOR 20 YEARS. WE'VE LEGITIMATELY TRIED TO WORK WITH THE CITY. MY CLIENT SPENT $2.5 MILLION TO ENTITLE AN APARTMENT BUILDING. IT COULDN'T BE BUILT IN COVID . IT COULDN'T BE BUILT WITH HIGH INTEREST RATES AND LUMBER COSTS. SO SHE DID THE RIGHT THING. SHE'S KEPT HER USE PERMIT AND COMPLIANCE THROUGHOUT THE 38 YEARS. SHE MADE AN HONEST ATTEMPT AND A VERY EXPENSIVE HONEST ATTEMPT TO BUILD AN APARTMENT BUILDING IN AN ENVIRONMENT THAT WOULDN'T ALLOW IT. SHE'S LEARNED THE HARD WAY THAT YOU CANNOT FORCE DEVELOPMENT OUT OF A MARKET CYCLE. SO WHAT WE'RE OFFERING IS DIFFERENT FROM THE PROPOSAL IN SEPTEMBER IT'S MUCH SIMPLER . IT'S CLEARER IT SAYS BASICALLY IF YOU WANTED DEVELOP A STRUCTURED RAMP, EXPAND YOUR PARKING RIGHTS WITH SPACES WITHIN THAT RAMP WHICH WE CAN DO BECAUSE THERE'S DEMAND FROM THE AIRPORT. THE AIRPORT HAS A STUDY THAT SHOWS THAT THEY CANNOT SUPPLY THEIR OWN DEMAND ON THAT AIRPORT PROPERTY. SO WHO'S GOING TO DO IT? THESE EXISTING OPERATORS PLUS THE NEW OPERATORS THAT WILL HAVE A CONDITIONAL USE PERMIT VERY SOON. BUT WE HAVE TO DO THAT IN A WAY THAT MAKES SENSE. AND SO RATHER THAN DOING THE MANDATE WHICH HASN'T WORKED YOU KNOW, THE STAFF SAID IT HASN'T WORKED. THEY TESTIFIED AT THAT POINT RATHER THAN DO THAT ON A MANDATORY BASIS, WE'RE DOING THAT AS AN INCENTIVE VERY SIMPLE. THERE IS A MANDATE HERE. THE MANDATE IS IF YOU WANT TO AVAIL YOURSELF OF THOSE ADDITIONAL RIGHTS YOU MUST SET ASIDE A DEVELOPMENT SITE. NOW WE DIDN'T PROVIDE AN ACREAGE BECAUSE WE DON'T KNOW WHAT THE ACREAGE SHOULD BE. WE KNOW IT SHOULD BE ALONG AMERICAN BOULEVARD BECAUSE THAT'S CONSISTENT WITH THE COMPREHENSIVE PLAN. WE KNOW IT SHOULD BE OF HIGHER DENSITY. WE DON'T KNOW HOW BIG WILL IT BE A HOTEL? WILL IT BE AN APARTMENT BUILDING? WILL IT BE A MIXED USE DEVELOPMENT THAT IS SUPPORTS THE TRAVELERS WHO ARE COMING TO THAT SITE? IT COULD BE ANY OF THOSE THINGS. WHAT WE'VE LEARNED IS IF WE'RE TOO PRESCRIPTIVE WE AREN'T GOING TO GET ANYTHING AND I TESTIFIED MANY YEARS AGO WHEN HSR WAS ADOPTED THAT IT WAS VERY, VERY PRESCRIPTIVE. I'M NOT SURE WHO WAS HERE AT THAT TIME BUT IT PROVIDES FOR A MINIMUM FLOOR AREA RATIO OF 1.0 AND IT REQUIRES HOUSING THAT IS A PRESCRIPTIVE ORDINANCE. NOW STAFF JUSTIFIED IS YOUR NEXT TO TRANSIT. THAT'S GREAT AND IT MAY ACTUALLY HAPPEN BUT BY BEING PRESCRIPTIVE WE KEEP MISSING MARKET OPPORTUNITIES AND SO WHAT WE'VE DONE IS WE'VE TAKEN YOUR WORK, WE'VE TAKEN THE WORK OF THE PLANNING COMMISSION AND THE STAFF AND WE SIMPLY HAVE REMOVED THE MANDATE BY A CERTAIN DATE. THERE IS A MANDATE THAT IF WE WANT TO ADD MORE PARKING WE'VE GOT TO DO IT WITH A DEVELOPMENT SITE AND THAT'S HOW WE SATISFY THE COMPREHENSIVE PLAN. NOW KEEP IN MIND KEEP IN MIND THAT OUR POSITION HAS BEEN AND YOU HAVE IT IN WRITING FROM US THAT IN 1988 A CONDITIONAL USE PERMIT WAS GRANTED FOR THIS PROJECT FOR THIS SITE AND THE CITY ATTEMPTED TO CALL IT TEMPORARY BUT IT DID NOT HAVE THAT AUTHORITY IN LAW. LATER THE LEGISLATURE AMENDED THE STATUTES, CREATED AN OPPORTUNITY FOR AN INTERIM USE PERMIT AND THE CITY STARTED USING THOSE INTERIM USE PERMITS FROM 2009 ON. BUT THAT DOESN'T WIPE AWAY THE ORIGINAL PERMIT. AND SO RATHER THAN FIGHT ABOUT THAT RATHER THAN HAVE A BIG CASE ABOUT THAT, SOME OF MY PARTNERS AT LARK AND HOFMANN WOULD LOVE TO HAVE A BIG CASE ABOUT THAT BUT I'M HERE TRYING TO TO PREVENT THAT. I'M HERE TRYING TO RESOLVE THIS WITHOUT AN ONGOING CONFLICT FOR THE NEXT TWO YEARS. WHY COULDN'T WE GET DONE WHAT WE SHOULD HAVE DONE IN 14 MONTHS? WHY COULDN'T WE DO THAT IN 12 MONTHS OR OR DURING THAT PERIOD OF THE MORATORIUM? I DON'T KNOW. EVERYBODY CALLS A COMPLICATED I THINK IT'S PRETTY SIMPLE. I THINK IT'S VERY SIMPLE. LET'S LET'S ISSUE THE CONDITIONAL USE PERMIT THAT YOU AS A PLANNING COMMISSION SUPPORTED YOU AS A STAFF SUPPORTED. BUT LET'S DO IT WITHOUT A MANDATE THAT DIDN'T WORK. LET'S LEARN FROM WHAT WE'VE DONE IN THE PAST AND DO IT BETTER. WE REALLY DO WANT TO COLLABORATE WITH THE CITY. I WOULDN'T BE STANDING HERE. I WOULD JUST TURN THIS OVER TO MY LITIGATION PARTNERS AND I WOULD GO ON TO ANOTHER PROJECT. BUT I LIKE THE MAYOR. YOUR OWN MAYOR SAID THIS I'M GOING TO QUOTE TIM BOSSY AS MAYOR TIM BOSSY SAID IN SEPTEMBER THE CITY IS ADDRESSING DECISIONS MADE LONG BEFORE ANYONE IN THIS CHAMBERS WAS INVOLVED IN THIS ISSUE. SO THIS ISN'T THIS ISN'T YOUR PROBLEM YOU'RE YOU'RE HERE SOLVING A PROBLEM. SOMEBODY ELSE CREATED A PROBLEM AND YOU'RE HERE TO SOLVE THE PROBLEM AND SO ARE WE. I SAY THAT SINCERELY I'M NOT A LITIGATOR. I AM PURPOSELY NOT A LITIGATOR BECAUSE I HELP TRY AND BUILD THINGS. I DON'T WANT TO BE IN A FIGHT WITH YOU DO YOU UNDERSTAND THAT? HE ALSO SAID I DON'T I DON'T THINK IT'S IN ANYONE'S INTERESTS TO FORCE THE HAND OF SUCCESSFUL BUSINESSES AND MAKE THEM REDEVELOP. WE TOOK HIS WORDS AND MANY OF THE COMMENTS WE HEARD FROM COUNCIL MEMBERS NOW WHAT COUNCIL MEMBERS WON'T DO WHEN I'M TALKING TO THEM PRIVATELY THEY WON'T TELL ME WHAT THEIR VOTE IS BECAUSE THEY CAN'T THAT WOULD BE A VIOLATION. IT WOULD THEN HAVE BIAS IN THEIR DECISION MAKING PRIOR TO THE FINAL VOTE. BUT BUT THOSE INDICATIONS WERE ON THE RECORD AND OFF THE RECORD THAT NOBODY WANTED TO TEAR DOWN EXISTING BUSINESSES IN THIS TOWN AND FORCE THEM TO REDEVELOP. SO WE CAME UP WITH A VERY SIMPLE SOLUTION AND I DON'T KNOW ANY DEVELOPER THAT I'VE WORKED WITH IN MY ALMOST 40 YEAR CAREER THAT WOULD PASS ON THE OPPORTUNITY. THIS OPPORTUNITY HAS NEVER BEEN IN ORDINANCE BEFORE, RIGHT? PASS ON AN OPPORTUNITY TO BUILD STRUCTURE PARKING AND LET'S CALL IT TWO THIRDS OF THE SITE AND DEVELOP AND ESSENTIALLY GET A FREE DEVELOPMENT PAD ON ONE THIRD OF THE SITE. WHY IS THAT STRUCTURED PARKING WE TALK ABOUT COST STRUCTURE PARKING IS WORKING AT THE AIRPORT. YOUR FEES JUST HAVE TO MATCH THE COSTS. IT'S WORKING ON OUR OWN SITE THE SITE ADJACENT TO THE NINE ACRES. IT WORKS ON THAT SITE SO WHY WOULDN'T IT WORK TO BUILD STRUCTURE PARKING TAKE THE EXISTING SPACES UNDER NINE ACRES ADD SOME MORE TO MAKE IT PENCIL OUT AND THEN YOU HAVE YOUR DEVELOPMENT SITE THAT'S LIKE A FREE DEVELOPMENT PAD WHO WOULD NOT DEVELOP UNDER THOSE CIRCUMSTANCES IT MIGHT NOT BE KRISTIN MUIR AND HER FAMILY. THEY MIGHT SELL IT TO SOMEBODY WHO WANTS TO GO THROUGH THIS PROCESS WITH YOU ALL AND COME UP WITH A MIXED USE DEVELOPMENT OF HIGHER INTENSITY. I THINK SHE'S KIND OF DONE. I THINK THAT WHAT WHAT WOULD LIKELY OCCUR IS ONCE THE DUST SETTLES ON THIS AND THERE'S A CLEAR PATH TO REDEVELOPMENT, THEN WE'RE NOT AT ODDS WITH EACH OTHER. WE'RE GOING TO BE SITTING DOWN AND WORKING ON PLANS AND IT'S GOING TO BE DONE AT A TIME WHEN THE MARKET CYCLE SUPPORTS IT. SO THAT IS OUR PROPOSAL. THE REASON JUST TO ADDRESS THE COMMISSIONERS QUESTIONS THEY ARE THE ONLY WE WERE LISTENING TO THE COUNCIL SHAWN NELSON IN PARTICULAR BUT SEVERAL OF THEM SAID YOU DON'T TAKE AN EXISTING BUSINESS OF 38 YEARS AND HAVE THEM TEAR UP THEIR SITE AND PUT IN BRAND NEW IMPROVEMENTS BECAUSE THAT WOULD BE AN IMPEDIMENT. HOW MUCH WOULD THAT COST? IT WOULD COST MILLIONS OF DOLLARS. SO THOSE MILLIONS OF DOLLARS INVESTED IN RENOVATING SURFACE PARKING SO IT CAN STAY AS IT IS WOULD GO AGAINST THE WHOLE IDEA OF REDEVELOPMENT BECAUSE IT'S A SUNK COST AND ADDITIONAL COST TO REDEVELOP. AND SO WE LISTEN TO THE COUNCIL AND MATCH OUR AMENDMENTS TO THE COUNCIL COMMENTS AND THERE WAS A FORMING CONSENSUS. I'VE BEEN DOING THIS A LONG TIME. I CAN READ THE COUNCIL, I CAN READ THEIR COMMENTS. THERE WAS A FORMING CONSENSUS. WE WERE MAYBE ONE VOTE AWAY FROM GETTING THAT DONE THAT NIGHT AND THE MAYOR TOLD ME AND I'LL TELL YOU WHAT THE MAYOR TOLD ME HE SAID WE'RE CLOSE. WE'RE NOT THERE TONIGHT BUT WE'RE CLOSE. IF SOMEONE TELLS ME WE'RE CLOSE, DO YOU THINK I'M GOING TO SIT ON MY HANDS FOR TWO YEARS? NO, I'M GOING TO SUBMIT A SET OF AMENDMENTS THAT WE THINK ARE WORKABLE THAT ADDRESS THE FEEDBACK THAT I HEARD FROM THE THE FINAL DECISION MAKERS ON THIS MATTER AND THAT'S EXACTLY WHAT WE DID AND WE AND I APPRECIATE THAT YOU DIDN'T TURN ON THAT TIME CLOCK BECAUSE I HAD A LOT TO SAY AND I AND I REALLY APPRECIATE IF YOU HAVE QUESTIONS PLEASE CALL ME BACK UP AND OR ASK THEM NOW . >> I'LL BE HAPPY TO ANSWER THEM. THANK YOU MR. GRIFFITH QUESTIONS FOR THE APPLICANTS COMMISSIONER LINNEY THANK YOU FOR YOUR PRESENTATION AND AS YOUAY OR MAY NOT RECALL FROM THE LAST TIME YOU WERE IN FRONT OF US IN CONCEPT I AM SUPPORTIVE OF THE CONDITIONAL USE PERMIT. I WILL SAY THAT I MY SUPPORT WANES WITH SEEING THIS REQUESTED IS AS IT IS RIGHT NOW MY I FEEL THAT MY ROLE REPRESENTING THE PEOPLE OF BLOOMINGTON ON THE BLOOMING TOWN PLANNING COMMISSION IS TO THINK ABOUT WHAT THE PEOPLE OF BLOOMINGTON, THE CITIZENS OF BLOOMINGTON WANT AND NEED AND THE COMPREHENSIVE PLAN THAT WE HAVE MAKES IT VERY CLEAR THAT THE GOAL FOR BLOOMINGTON IS TO MOVE FORWARD WITH THE AFFORDABLE HOUSING AND WITH MORE TRANSIT ORIENTED DEVELOPMENT. I'M NOT CONVINCED AND I BELIEVE I SAID THIS AT THE PREVIOUS I OH I'M GOING TO QUESTION YEAH, THE QUESTIONS COMING THE QUESTIONS COMING BUT I WANT TO MAKE SURE THAT I FRAMED IT SO THAT THE ANSWER AGAIN GET ANSWERS THE QUESTION UNDERSTANDING WHAT THE USES CURRENTLY WHAT IOULD REALLY LIKE TO UNDERSTAND IS HOW THE CURRENT USE PARTICULARLY IF THERE ARE NO MANDATES ARE DEVELOPED AND SET ASIDES WHERE THE BENEFIT IS TO THE CITY OF BLOOMINGTON. IF YOU COULD TALK THROUGH WHAT THE TAXES PAID, HOW MANY RESIDENTS, WHAT INFORMATION YOU HAVE THAT ARE RESIDENTS USING THE PARKING LOT VERSUS RESIDENTS FROM OTHER COMMUNITIES AND THINGS LIKE THAT, I'D LIKE TO KNOW HOW THIS IS DIRECTLY BENEFITING THE CITIZENS OF BLOOMINGTON. THANK YOU, COMMISSIONER. I'M GOING TO START OUT BY SAYING I AM A RESIDENT OF BLOOMINGTON. MY ADDRESS UNTIL RECENTLY WAS ST PAUL. I'M A RESIDENT OF BLOOMINGTON. I'M A BUSINESS RESIDENT. I HAVE MY FIRM HAS RESIDED IN THIS CITY FOR 50 YEARS AND SOME OF OUR MEMBERS ARE RESIDENTS OF THE CITY BUT WE'RE ALL BUSINESS RESIDENTS. WE PAY TAXES HERE, WE EAT HERE WE YOU KNOW SO I THINK IT'S A LITTLE NARROW TO SAY WHAT DO THE RESIDENTS OF BLOOMINGTON DO BECAUSE YOU REPRESENT THE ENTIRE COMMUNITY, INCLUDING THOSE BUSINESSES THAT RESIDE HERE. SO TO ANSWER YOUR QUESTION BY REDEVELOPING THE SITE A NINE ACRE SITE, THE TAX IMPACT IS 2 OR 3 TIMES THAT GOES INTO THE CITY COFFERS JUST FROM REDEVELOPING THE SITE. BEYOND THAT WE THIS COMMUNITY IS A HOSPITALITY COMMUNITY. I THINK ONE OF THE LARGEST CONCENTRATION OF HOTELS IS RIGHT HERE ALONG THE 494 STRIP. SO BY SERVING THE HOSPITALITY COMMUNITY WITH THESE HOSPITALITY RELATED USES YOU ALSO SERVE THE CITY DIRECTLY AND INDIRECTLY WITH LIQUOR AND LODGING TAXES. SO ALL OF THOSE THINGS ARE RELATED. IT'S IT'S THE SAME THING THAT GOES INTO SUPPORTING DEVELOPMENT OF SOUTH LOOP WITH THINGS OTHER THAN AFFORDABLE HOUSING. BUT WHAT I'M HOPING TO GET IS A LITTLE BIT UNDER DIRECT UNDERSTANDING OF WHAT MONEY THE REMOTE PARKING PROVIDES THE CITY OF BLOOMINGTON I'M NOT FAMILIAR WITH WHAT WHAT THE TAX STRUCTURE IS ON REMOTE PARKING TO THE CITY. IT IS A REAL ESTATE TAX. IT'S A REAL ESTATE TAX PURE AND SIMPLE. IF IF THIS INCENTIVE WORKS AND I FIRMLY BELIEVE IT WILL BECAUSE DEVELOPERS DON'T LEAVE ANYTHING ON THE TABLE IF THIS OPPORTUNITY COMES TO PASS THE CLOUD IS REMOVED FROM THIS USE SOMEBODY MAYBE KRISTIN MUIR MAYBE NOT BUT SOMEBODY WILL PARK CAN GO SITE SOMEBODY IS GOING TO DO THIS BECAUSE IT MAKES SENSE. IT MAKES FINANCIAL SENSE AND WHAT YOU DO IS YOU INCREASE THE TAX BASE FOR THE CITY. THAT'S THE DIRECT BENEFIT TO THE CITY. THE INDIRECT BENEFIT IS AS I SAID, AS YOU SUPPORT THE HOSPITALITY COMMUNITY. SO CAN I ASK ONE FOLLOW UP QUESTION? YES, BUT JUST TO BE CLEAR, IF THE MERE FAMILY CHOSE NOT TO SELL THE PROPERTY BY GRANTING THIS CONDITIONAL USE PERMIT, THEY COULD OPERATE IT THIS WAY IN PERPETUITY NEVER SELL IT, NEVER REDEVELOP IT, NEVER INTENSIFY IT. AM I CORRECT? AND I UNDERSTANDING YOU ARE CORRECT, MR. COMMISSIONER. >> HOWEVER, AGAIN THE REASON I POSITED THIS ENTIRE PRESENTATION AGAINST THE 1988 USE RIGHTS AND YOU SAID IT YOURSELF YOU CALL IT THE ORIGINAL SIN. YOU KNOW I HAD TO BRING THAT UP BECAUSE YOU CAN'T YOU CAN'T EXCLUDE THAT FROM THE CONVERSATION IF WE GO BACK TO THOSE RIGHTS AND WE PREVAIL ON THOSE RIGHTS THEN NOTHING HAPPENS RIGHT? YOU CAN STILL CHOOSE TO DO NOTHING. WHAT I'M SAYING IS AS A COLLABORATIVE MOVE WITH THE CITY LET'S CREATE A REAL WORLD INCENTIVE TO REDEVELOP AND GET WHAT YOU WANT. THANK YOU. YOU'RE WELCOME. QUESTIONS COMMISSIONER ISSA THANK YOU CHAIR HOW MUCH CHEAPER IS IT ON AVERAGE TO PARK AT PARK AND FLY COMPARED TO LET'S SAY ON SITE? IT VARIES BUT IT'S DEFINITELY ONE START IF IT IS CHEAP. STEP UP TO THE MIKE. SORRY. IT DEFINITELY VARIES WITH YOU KNOW TIME OF YEAR AND OCCUPANCY BUT IT'S BASICALLY IT'S SIGNIFICANTLY CHEAPER THAN THE AIRPORT. DO YOU HAVE LIKE A ROUGH PERCENTAGE EVEN OR KIND OF YEAH DIFFERENCE I MEAN IT'S IT REALLY DOES VARY BUT I'M SORRY HE'S NOT PART OF THE APPLICANT SO BUT YEAH AN OPEN RIGHT OKAY I BET MR. WILLIAMSON WITH YEAH IT'S I MEAN IT'S DEFINITELY LIKE PROBABLY $5 CHEAPER $10 CHEAPER THERE'S BECAUSE THERE'S QUITE A LOT OF DIFFERENCES BETWEEN YOU KNOW LIKE COVERED PARKING IN IN THE RAMP VERSUS SURFACE WHICH THE SURFACE IS CHEAP THE SURFACE IS THE CHEAPEST THEN THEN THE RAMP IS THE NEXT CHEAPEST AND THEN YOU KNOW AND THEN YOU GET TO THE AIRPORT WHEN IT COMES TO, YOU KNOW MY CHAIR GO AHEAD. WHEN IT COMES TO THE RAMP PARKING VERSUS THE AIRPORT RAMP PARKING, IS IT STILL CHEAPER? YES. OKAY. THEY GUESS OTHER QUESTIONS FOR THE APPLICANT COMMISSIONER SORRY COMMISSIONER MUNSTER. SORRY. THANK YOU, MADAM CHAIR. OKAY. YOU MENTIONED THAT ONE OF THE BENEFITS TO THE CITY OF BLOOMINGTON IS THE PROPERTY TAXES AND THIS IS THIS COMES FROM ME SIMPLY NOT KNOWING HOW HEAD UP IN COUNTY ASSESSES THE TAXES IS IT ASSESSED PUTTING THE PARKING RAMP ASIDE IS THE LOT ASSESSED AS VACANT LAND OR IS IT JUST ASSESSED COMMERCIALLY? IT'S ASSESSED COMMERCIALLY AS A BUSINESS AND USE OKAY THANK YOU BECAUSE THAT'S ONE THING THAT SOME COMMUNITIES CALL IT VACANT BECAUSE THERE'S NOT A BUILDING. YEAH RIGHT. NO ABSOLUTELY RIGHT. IT'S ASSESSED AS AN OPERATING BUSINESS. OKAY. AND YOU HAVE A FEW MORE SO BECAUSE THERE IS NOT A MANDATED SET ASIDE OF AREA WHICH I CERTAINLY UNDERSTAND YOUR POSITION OF WHY SAY THREE ACRES IF IT COMES THAT THREE AND A HALF IS CORRECT OR WHATEVER WITHOUT SOMETHING IN THE CODE WHAT'S TO STOP YOU ALL FROM COMING IN AND SAYING WE WANT TO BUILD A RAMP? HERE'S YOUR ONE ACRE OF LAND THAT IS UTTERLY UNDEVELOPED FOR SOMETHING THAT WE WISH TO SEE IN THAT ZONING DISTRICT. HOW DOES THAT GOOD BALANCE? WHAT IS YOUR VISION OF HOW THIS WORKS? THAT'S A GREAT QUESTION, COMMISSIONER. I BELIEVE AND I'VE WORKED THROUGH MANY DEVELOPMENT APPLICATIONS WITH THE CITY THAT THAT CONVERSATION WOULD OCCUR AT THE CONDITIONAL USE PERMIT LEVEL. WE DIDN'T PUT IT IN THERE SIMPLY TO SAY WE DON'T KNOW IF IT'S ONE ACRE OR OR TEN, YOU KNOW AND SOMEHOW THE USE IS BUILT INTO THE RAMP. YOU KNOW, WE CAN IMAGINE ALL SORTS OF USES THAT WOULD BE PART OF IN FACT YOU HAVE MINOR HOUSING IN MANY PARTS OF THE CITY ON THAT MANY PARTS I DON'T THINK IT WORKED ALL THAT WELL BUT YOU KNOW, IN SOME PLACES IN THE CITY YOU HAVE LINER HOUSING. WOULD IT BE A WOULD IT BE A USE YOU KNOW WHAT WOULD IT BE REALLY COOL THERE IS A QUICK TRIP NOW YOU MIGHT SAY OH A QUICK TRIP REALLY? BUT WHAT IF YOU HAD A QUICK TRIP? IT WAS BUILT INTO THE PARKING DECK AND WHAT IF YOU HAD A RELATED TRAVEL USE? I THINK THERE'S A A A USE OUT IN HOLLYWOOD WHERE YOU CAN HAVE ELECTRIC VEHICLES AND YOU CAN YOU CAN HAVE DINNER OR LUNCH. WHAT IF THERE'S A SERIES OF THOSE USES? WHAT I'M TRYING TO SAY HERE FOLKS IS LET'S NOT PRESCRIBE WHAT'S GOING IN THERE NOW LET'S LET'S DO THAT AS PART OF A USE PERMIT AND OR LET'S DO IT AS PART OF A PLAN DEVELOPMENT. WHAT WE'RE TRYING TO SHOW IS A PATH TO WHAT THE CITY WANTS AND A PATH TO WHAT WE WANT. WE DON'T WANT TO BE MANDATED BY A CERTAIN DATE TO PRESCRIBE WHAT'S GOING TO HAPPEN THERE AND HOW MANY ACRES IT'S GOING TO BE THERE. THOSE ARE THOSE ARE THE TYPE OF THINGS THAT KILL DEVELOPMENT NOT ENCOURAGE AT LEAST FROM THE DEVELOPERS PERSPECTIVE THAT DIDN'T ENTIRELY ANSWER THE QUESTION. SO I GUESS MY TO PUT IT A LITTLE MORE DIRECTLY WHAT'S TO STOP YOU ALL FROM COMING IN AND SAYING YOU GET THIS ACRE NOW GIVE US OUR PARKING RAMP? YEAH I THAT'S ALL WE'RE GOING TO GIVE YOU A EARLIER WELL BECAUSE IT SAYS COMMERCIAL DEVELOPMENT ALONG AMERICAN BOULEVARD YOU HAVE TO HAVE A CERTAIN YOU'RE NOT GOING TO DO YOU KNOW SOMETHING TEN FEET BY 1000FT IT'S GOT TO BE A REASONABLEEVELOPMENT AND AGAIN THIS IS WHERE WE WOULD LIKE SOME ENGAGEMENT WITH STAFF. NOW I DON'T WANT TO I DON'T WANT TO DELAY THIS BECAUSE FRANKLY FOLKS I WANT TO GET TO THE CITY COUNCIL. THAT'S WHERE I'M HEADED RIGHT . AND SO I DON'T WANT TO I DON'T WANT TO HAVE A LONG DISCUSSION ABOUT I WANT TO GIVE YOU SOME IDEAS THAT THAT IT COULD BE WORKABLE BUT BASICALLY BECAUSE I BELIEVE THERE WAS A FORMING CONSENSUS OF THE COUNCIL I WANT THIS MATTER IN FRONT OF THEM ON DECEMBER 8TH. SO I DON'T I DON'T WANT TO DELAY THIS. I TOLD MR. JOHNSON THAT WHEN WE MADE THE APPLICATION THE REASON WE MADE IT ON THAT DATE BY THE WAY, IS BECAUSE WE WANTED THIS RESOLVED WITH THIS COUNCIL BEFORE THE END OF THE YEAR WHILE THE DISCUSSION WAS FRESH. SO I PUT MY CARDS ON THE TABLE . I'M TELLING YOU IT COULD BE A LOT OF THINGS. I DON'T KNOW IF IT'S ONE ACRE OR THREE. I DON'T I DON'T THINK A ONE ACRE DEVELOPMENT WORKS IN THAT DISTRICT BECAUSE IT'S A HIGH INTENSITY DISTRICT. WELL IT'S IT COULD BE A FOUR ACRE, YOU KNOW. WELL, BUT THAT'S PRECISELY MY QUESTION. YEAH. IS A ONE ACRE DEVELOPMENT WOULDN'T WORK BUT IF YOU ALL SAY THAT THIS IS ALL WE ARE SETTING ASIDE AND NOW GIVE US OUR PARKING RAMP WHAT WHAT DOES THE CITY HAVE ASIDE FROM SIMPLY DENYING YOUR PARKING THEY HAVE A CONDITIONAL USE PERMIT PROCESS THAT GIVES THEM A FAIR AMOUNT OF DISCRETION TO IMPOSE CONDITIONS REASONABLY RELATED TO THE OBJECTIVE OF THE ORDINANCE? THAT'S LAW. AND YOU KNOW, I JUST AGAIN, IF IF IF THE STAFF SAID TO ME TONIGHT, YOU KNOW, WE'D SUPPORT IT WITH A MINIMUM TWO ACRE SITE, WE'D PROBABLY SAY GREAT, LET'S TAKE THAT TO THE COUNCIL. I'M JUST I'M TRYING TO ADDRESS THE FACT THAT, YOU KNOW, THREE ACRES WAS A NUMBER IN THE ORDINANCE AND YOU KNOW WHO KNOWS? NO. AND I DEFINITELY APPRECIATE THAT. I'M JUST TRYING TO MAKE SURE THAT COMMISSIONER QUESTION YES. OKAY. WHY EXEMPT YOURSELF FROM PARKING, LIGHTING AND LANDSCAPING STANDARDS? KEEP IN MIND THAT WE'RE NOT EXEMPTING OURSELVES ON THE FUTURE DEVELOPMENT. IT'S NOT TEARING UP THE IF YOU READ IT CAREFULLY AND I THINK STAFF UNDERSTANDS US IT'S FOR THE EXISTING NINE ACRES OF OF SURFACE PARKING THOSE EXEMPTIONS DO NOT APPLY IN THE REDEVELOPMENT SCENARIO ACCORDING TO THIS ORDINANCE. THEY DO. THE EXEMPTIONS ARE INTENDED TO APPLY ONLY IN THE SCENARIO OF THE SURFACE PARKING NOT IN A REDEVELOPMENTS SCENARIO RIGHT. ANY OTHER QUESTIONS FOR COMMISSIONER SOMMER? CHAIR SO MY QUESTION IS FROM WHEN COUNCIL TOOK ACTION ON THIS EXCUSE ME COMMISSIONER. I JUST WANT TO MAKE IT PERFECTLY CLEAR CLEAR. SO THE ANSWER IS CLEAR IF YOU READ SECTION SUBSECTION FOUR OF F UNLESS EXISTING REMOTE AIRPORT PARKING IS RELOCATED OR EXPANDED AND STRUCTURED PARKING FACILITIES, EXISTING REMOTE AIRPORT PARKING FACILITIES ARE EXEMPT. SO THAT'S THE DISTINCTION BETWEEN THE EXISTING VERSUS REDEVELOPMENT. TO ANSWER IT COMMISSIONER MUST MUSTERS QUESTION. SORRY COMMISSIONER GO AHEAD. COMMISSIONER SUMMERS I'M CURIOUS ABOUT FROM WHEN COUNCIL TOOK ACTION ON THIS IN THE COUNCIL MEETING TO THE TIME THAT THIS WAS SUBMITTED TO THE CITY, WHAT ARE THE STEPS THAT YOU TOOK TO COLLABORATE WITH THE CITY? SO YOU TALKED A LITTLE BIT ABOUT MEETING WITH COUNCIL MEMBERS. CAN YOU WALK US THROUGH WHO YOU COLLABORATED WITH IN BETWEEN THE ACTION FROM CITY COUNCIL AND THE SUBMISSION OF THIS? COMMISSIONER MOSER I WILL ANSWER THAT QUESTION FIRST. SUMMER SORRY, I WILL ANSWER THAT QUESTION BY SAYING WE HAVE BEEN WORKING WITH STAFF FOR PROBABLY OVER TWO YEARS ON THIS QUESTION. WE PUT FORWARD SEVERAL PROPOSALS IN MY APPROACH TO COLLABORATING WITH THE CITY WAS TO MAKE SURE THAT I DIDN'T LOSE THE COUNCIL MEMBERS WHO ARE ON THE COUNCIL BEFORE THE END OF THE YEAR. SO THIS IS MY MY OPPORTUNITY AS A DEVELOPMENT LAWYER TO GET THIS BACK IN FRONT OF THE COUNCIL PRIOR TO THE END OF THE YEAR IF YOU KNOW THAT'S THAT'S THE ANSWER THAT I'LL GIVE YOU ANY OTHER QUESTIONS FOR THE APPLICANT KEEPING IN MIND WE CAN CALL THEM BACK UP IF WE HAVE MORE QUESTIONS LATER. OKAY? ALL RIGHT. THANK YOU VERY MUCH. WE WILL GO AHEAD AND MOVE ON TO PUBLIC HEARING AND PUBLIC TESTIMONY. >> JUST JUST ONE COMMENT AND QUESTION OF STAFF. I SAW YOU TWO CHUCKLING WHEN I MENTIONED A QUICK TRIP. I LOVE QUICK TRIP THERE ALL OVER THE STATE OF WISCONSIN. THEY'RE ALL OVER THE STATE OF MINNESOTA THERE ARE THERE ARE GROCERY YOU DIDN'T HAVE A GROCERY STORE LAST MORE THAN THREE MINUTES IN THE AIRPORT OR A SOUTH LOOP. SO I JUST I JUST WANT YOU TO KEEP YOUR MIND OPEN. THE CHAIR OBLIGED ME I WAS NOT CHUCKLING ABOUT QUIKTRIP FOR THE RECORD. OKAY VERY GOOD CHUCKLING ABOUT THANK YOU THANK YOU FOR CLARIFYING PLANNING MANAGER JOHNSON ALL RIGHT WE WILL NOW OPEN PUBLIC TESTIMONY IF THERE'S ANYONE IN THE CHAMBER WISHING TO TESTIFY PLEASE COME FORWARD AND SIGN IN AND THEN INTRODUCE YOURSELF. THANK YOUOR YOUR PATIENCE . GOOD EVENING. THIS IS DAN WILLIAMSON PARK AND GO. I ALMOST GOT IN TROUBLE THERE A MINUTE AGO. IF YOU DO WANT ANSWERS TO THOSE QUESTIONS I'D BE MORE THAN GLAD TO BECAUSE I'M ALSO THE OPERATIONAL MANAGER FOR THE BLOOMINGTON OPERATION AND I'VE ALSO BEEN WITH PARK AND GO AS THEIR DEVELOPMENT PERSON. I HAVE 40 YEARS OF EXPERIENCE AS A DESIGN BUILDER, CONSTRUCTION MANAGER ARCHITECT SO ON RIGHT FROM THE START WHEN THE STAFF WORKED TO PUT TOGETHER THEIR PROPOSAL THEIR RECOMMENDED PROPOSAL THE ONE THAT YOU RECOMMENDED TO THE COUNCIL THE KEY ELEMENT FOR US AND FROM A DEVELOPMENT PERSPECTIVE IS PERMANENT ZONING OR CONDITIONAL USE WITHOUT THAT TOOL EVEN THE COUNCIL MEMBERS HAVE AGREED WITH ME THAT THERE'S NO TOOL TO BRING A PROJECT TO YOU THAT DOES NOT 100% CONFORM THEM TO THE CURRENT ZONING SO THERE'S NO WAY TO BRING IN CREATIVE IDEAS TO GET DEVELOPMENT GOING. YOU SIMPLY ARE STUCK WITH WHAT YOU'VE KIND OF SAID YOU WANT THERE AND THERE ARE A LOT OF CREATIVE IDEAS THAT ARE FLOATING AROUND OUT THERE RIGHT NOW AND AS AN INTERIM USE PERMIT BASICALLY I'M HANDCUFFED AND INTEREST RATES ARE DROPPING. THE PLAN I HAD PUT OUT AND DISCUSSED WITH THE STAFF WAS ONE THAT WAS GOING TO DEVELOP A NUMBER OF RESIDENTIAL UNITS RIGHT ON AMERICAN BOULEVARD, THE THREE ACRE THAT THEY DISCUSSED WE WOULD HAVE MADE THAT WORK. IT REALLY WASN'T THE END OF THE WORLD. WE COULD SEE THAT WORKING FOR US NOW. I USED TO BE A CROSS-COUNTRY SKIER YEARS AGO AND I ONE DAY SKI TO 100 KILOMETER RACE UP IN BEMIDJI AND I HIT THE EDGE OF LAKE BEMIDJI AND IT SAID 99KM. ANYBODY KNOW HOW LONG LEAKED BEMIDJI IS? THREE MILES. THE NORWEGIAN GUY NEXT TO ME ASKED WHAT'S THE DEAL? THIS ISN'T A 100 KILOMETER RACE. IT ENDED UP BEING ABOUT 110. NEEDLESS TO SAY WE KIND OF FEEL LIKE THAT WE'VE WORKED HARD FOR A YEAR TO GET THIS DONE WITH THIS MORATORIUM AND I AGREE WITH BILL AND CHRISTINE THAT THE MAYOR I'VE TALKED TO A NUMBER OF PEOPLE SINCE THEIR VOTE THEY REALLY WANT THIS DONE BEFORE WE GET TO THAT, WHAT IS IT, AUGUST 8TH OF 2027. SO THE TRIGGER FOR US AT PARK AND GO IS REALLY SIMPLE IT'S THAT PERMANENT ZONING FOR THE PARKING SO WE CAN COME IN WITH PROJECTS BECAUSE I ALREADY KNOW WE CANNOT MAKE PROJECTS WORK WITHOUT THE PARKING INCLUDED IN THE DEVELOPMENT WHETHER IT'S BUILT INTO THE RESIDENTIAL UNITS OR IT'S A RAMP ON THE NORTH SIDE AND IT'S A GIANT DRONE CHARGING STATION UP ON THE ROOF WHERE DRONES COME IN AND CHARGE AND THEY DELIVER PRODUCTS TO YOUR HOUSE OR WHATEVER. BUT WE'VE GOT TO THINK A LITTLE DIFFERENTLY THAN WE ARE RIGHT NOW AND THAT'S OUR FOCUS. SO YOU HAD SOME QUESTIONS EARLIER IF YOU GET OUR MAILER IN THE MAIL, IF YOU GET THOSE LITTLE GOOGLE MAILERS YOU'LL PAY $11 A DAY TO PARK AT PARKING, GO IN THE RATES UP AT THE AIRPORT OR UP WE'RE AROUND 26 DEPENDING ON WHAT YOU PICK . AND ALSO YOU SHOULD KNOW THAT WE PAY PROPERTY TAX. IF YOU LOOK AT THAT SHEET WHICH I DO A LOT OF IT GOES TO YOUR EDUCATIONAL PROGRAMS, NORMAL COMMUNITY COLLEGE ETC. AND THINGS LIKE THAT OF WHICH I WAS AN ARCHITECT WORKED ON A LOT OF PROJECTS IN ARMIDALE COMMUNITY COLLEGE METRO STATE I COULD GO ON AND ON ALSO WE PAY IN OUR SALES AND USE TAX THERE'S A SECTION AND THAT IS DESIGNED FOR I'LL CALL IT RESIDENTIAL DEVELOPMENT. SO THERE'S A NUMBER OF THINGS AND THEN THERE'S ALL THE LOCAL TAX, THE LOCAL EMPLOYMENT AND REMEMBER WE HAVE PEOPLE THAT ARE COMING INTO OUR LOTS THAT ARE FLYING OUT OF TOWN SO THE SERVICES WE PROVIDE ARE FOR PEOPLE GOING FROM MINNESOTA, NORTH SOUTH DAKOTA, IOWA, WISCONSIN THAT'S GOD'S COUNTRY WISCONSIN WHERE I'M FROM I WAS RAISED IN MINNESOTA SO I GOT A TEAM IN THE PLAYOFFS ALL THE TIME SO WE ARE SERVICING THE LOCAL COMMUNITY. SO NOW ARE THERE ANY OTHER QUESTIONS? THANK YOU FOR THAT. THANK YOU. OKAY. IS THERE ANYONE ELSE WISHING TO TESTIFY IN THE IN THE CHAMBER? IS THERE ANYONE ONLINE? ALL PARTICIPANTS ONLINE. OUR STAFF. THANK YOU. SEEING NONE I WOULD ENTERTAIN A MOTION TO CLOSE PUBLIC HEARING THE PUBLIC HEARING SOME OF IS THERE A SECOND SECOND IT'S BEEN MOVED AND SECONDED IS THERE ANY DISCUSSION OF NO THIS IS JUST ABOUT CLOSING TESTIMONY ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING I ALL OPPOSED MOTION CARRIES. NOW WE MOVE INTO DISCUSSION. THIS IS A LOT HARDER THAN PHIL MAKES IT LOOK SO I WOULD ENTERTAIN A CONVERSATION ABOUT WHAT YOU ARE THINKING. COMMISSIONER ISSA YEAH. MY OVERALL THOUGHTS IS IF YOU KNOW THE BUSINESS HAS BEEN ESTABLISHED WELL ONE OF THE BUSINESSES FOR 38 YEARS AND THEY DO CONTRIBUTE TO THE CITY AND IT IS CHEAPER FOR RESIDENTS TO PARK THEIR OR NONRESIDENTS AS WELL. ANYBODY I WOULD NOT BEING SUPPORTIVE OF THE RECOMMENDED MOTION I UNDERSTAND THAT IT DOESN'T ALIGN WITH THE SOUTH LOOP DISTRICT PLAN AND THE COMPREHENSIVE PLAN AND I DEFINITELY UNDERSTAND THE CITY'S ANGLE. THERE'S A QUESTION I HAD THAT WENT TO STAFF BUT I'M NOT SURE IF I'M ABLE TO NOW BUT AM AM I ABLE TO I BELIEVE WE CAN ASK QUESTIONS OF STAFF. I THINK THERE ARE YOU KNOW IT SAYS THAT IT WOULD LIKE IT'S BEEN STRETCHED TO 20 MONTHS OR IT WAS AUGUST WHATEVER IT WAS 2027 I WHY DOES IT NEED TO TAKE THAT LONG IF YOU KNOW THERE'S FOR EXAMPLE ONE OF THE DEVELOPERS THEY THEY'VE TRIED TO BUILD A BUILDING FOR RIGHT SPENT A LOT OF MONEY I THINK IS DURING COVID THE I GUESS WHY DOES IT NEED TO TAKE THAT LONG IF YOU KNOW YEAH WHAT IS IT NEED TO TAKE ON SO MY QUESTION IS WITH CITY PLANNING MANAGER JOHNSON YEAH YOU'RE WHITE COMMISSIONER YOU SAY SO THE REASON WHY THAT DATE WAS SELECTED IT JUST HAD TO DO WITH THE FACT THAT IT WAS THE EXPIRATION DATE OF PARKLAND FLIES EXISTING VALID ACT OF INTERIM USE PERMIT APPROVAL SO THEY WANTED TO ALIGN THE TWO OPERATORS TO NOT HAVE TWO DIFFERENT TARGETS IF YOU WILL NOT HAVE TWO DIFFERENT LIFE SPANS OR IN TERMS OF HOW LONG THEY COULD OPERATE FOLLOWING THIS MORATORIUM. SO THEY JUST WANTED TO ALIGN IT. THEY FELT THAT WOULD BE THE BEST MEANS TO GET ALL THE PARTIES TOGETHER TO CREATE MORE SPACE TO CONTINUE WORKING ON THIS VEXING ISSUE. SO YEAH, FOLLOW UP MY MAJOR THANK YOU CHAIR WE ARE I GUESS MY QUESTION THEN IS LIKE I SEE THE DEVELOPER'S POINT YOU KNOW OR THE DEVELOPERS PERSPECTIVE WHERE LIKE THEY'RE GOING TO HAVE TO COME BACK AT THAT POINT TWO YEARS FROM NOW AND KIND OF GO THROUGH THE SAME THING. SO I IDEALLY I WOULD I GUESS PERSONALLY I WOULD RECOMMEND LIKE A SOLUTION TO BE REACHED EARLIER RATHER THAN LATER AND AND I'M NOT SUPPORTIVE OF THE RECOMMENDED MOTION ALTHOUGH I UNDERSTAND LIKE I SAID, THE COMPREHENSIVE PLAN THE CITY'S OUTLOOK, THE SOUTH LOOP DISTRICT PLAN. SO YEAH, I THINK JUST BECAUSE THEY'VE BEEN ESTABLISHED FOR SO LONG IT KIND OF FEELS UNFAIR. SO THAT'S MY TAKE. THANK YOU. SURE SURE. WAIT IF I CAN JUST MAKE ONE CLARIFICATION THAT MIGHT BE INSTRUCTIVE TO THE FULL BODY. IT DOESN'T MEAN THAT THE POLICY SOLUTION THAT THE CITY WOULD REACH WITH THE EXISTING OPERATORS WOULD HAVE TO WAIT UNTIL AUGUST 7TH. THE CITY COULD ADOPT AN ORDINANCE REVISING THE POLICY AT ANY TIME BETWEEN NOW AND THEN. SO IT'S NOT A MANDATORY TIME SPAN IF THAT MAKES SENSE. JUST TO CLARIFY THAT POINT, THAT'S JUST BY THE TIME BY WHICH ANY ACTIVE INTERIM USE PERMIT IS VALID THROUGH. SO JUST TO CLARIFY THAT THANK YOU FOR THE CLARIFICATION. PLANNING MANAGER OTHER DISCUSSION COMMISSIONER MUNSTER I WOULD JUST SAY THAT THE ONLY THING THAT AGAIN I, I AGREE THAT A PERMANENT SOLUTION IS NEEDED TO GET THIS THING DONE ONCE AND FOR ALL BUT I THINK WHATEVER COMES THROUGH NEEDS TO PROTECT THE CITY MORE THAN THIS ESSENTIALLY JUST OPENS UP DEVELOPMENT BUT WITHOUT A LOT OF VERY SPECIFIC GUIDANCE AS TO WHAT THE CITY WHERE THE CITY'S NEGOTIATING POSITION IS ,WHEN THAT APPLICATION DOES COME IN, THAT IS MY BIGGEST CONCERN. THANK YOU, COMMISSIONER ISSA YEAH. FROM WHAT I UNDERSTAND THE CITY DID PROVIDE GUIDELINES ON DEVELOPMENT. THE DEVELOPERS TRIED YOU KNOW, SO I THINK IT'S I THINK THEY'VE TRIED BEFORE AND IF THE CITY WORKS WITH THE DEVELOPERS ON KIND OF AND HAS MORE CONCRETE DIRECTION I THINK THEY WOULD BE ABLE TO COME UP WITH AN AGREEMENT. YEAH. THANK YOU. OKAY OTHER DISCUSSION COMMISSIONER SUMMERS CHAIR SO I REVIEWED THE COUNCIL'S CONVERSATION TAKEN BEFORE THEIR ACTION TAKEN ON THIS ITEM AND I DO AGREE WITH A LOT OF THE SENTIMENTS THAT WERE SHARED AND ONE OF THE MAIN THINGS THAT I SAW WAS THAT THEY WERE SAYING THAT THEY WERE CLOSE BECAUSE THEY FELT LIKE MORE COLLABORATION WOULD COME TO AN ANSWER THAT WOULD GET MORE PEOPLE ON THE COUNCIL TO LIKE APPROVE SOMETHING. I THINK SO WHEN WE FIRST TALKED ABOUT THIS OR I FIRST TALKED ABOUT A PLANNING COMMISSION I HAD RESERVATIONS ABOUT THE WAY THAT THE CITY HAD THE THREE ACRE SET ASIDE RESERVATIONS ABOUT WHETHER OR NOT WHAT THE ORIGINAL RECOMMENDATION WHETHER IT WOULD HELP PEOPLE REDEVELOP AND MOVE TOWARDS WHAT THE COMPREHENSIVE PLAN DICTATES. AND I ACTUALLY FEEL LIKE AS WE'VE WALKED TOWARDS WHERE WE ARE RIGHT NOW, I FEEL LESS I FEEL MORE LIKELY TO AGREE WITH THE RESOLUTION DENYING AS I TAKE TWO THINGS INTO ACCOUNT AS A PLANNING COMMISSIONER I LOOK AT THE COMPREHENSIVE PLAN AND THIS DOES NOT SEEM TO ALIGN WITH THE COMPREHENSIVE PLAN AS WRITTEN. THAT COMBINED WITH THE COUNCIL GIVING SOME MESSAGES IN SUPPORT BUT MESSAGES THAT SAID THERE'S MORE COLLABORATION NEEDED SO I DON'T SEE EVIDENCE THAT THAT HAS LIKE THE TWO SIDES HAVE TOUCHED EACH OTHER WHETHER THAT BE THE COUNCIL OR THE MAYOR OR THE PLANNING STAFF FOR THE CITY OF BLOOMINGTON. SO AS IS I DON'T FEEL I FEEL LIKE I CAN SUPPORT THIS RESOLUTION. THANK YOU. OTHER CONVERSATION DISCUSSION I WILL JUST SAY I SHARE SYMPATHY FOR THE OPERATORS WHO I DO BELIEVE HAVE BEEN OPERATING IN GOOD FAITH AND I APPRECIATE THAT THE SENTIMENT OF WANTING TO GET THIS OVER THE FINISH LINE AND AND HAVE A DECISION MADE I HAD MIXED FEELINGS ABOUT THE ORIGINAL PROPOSAL AS WELL AS COMMISSIONER SUMMERS MENTIONED . I THINK THAT THE CHALLENGE HERE IS THAT THAT SAME CHALLENGE YOU RUN INTO WITH SO MUCH OF GROWTH AND CHANGE IN A CITY THAT THINGS THAT MADE SENSE IN THE PAST BUT UP AGAINST THINGS THAT WE WANT NOW AND FOR THE FUTURE AND THERE'S ALWAYS THAT TENSION BETWEEN WHAT DO WE DO WITH THE FOLKS THAT ARE ALREADY THERE AND THE BUSINESSES AND THEIR ENTITIES AND THE THINGS THAT ARE ALREADY HAPPENING AND HOW DO WE BALANCE THAT WITH WHERE THE COMMUNITY HAS DECIDED IT WANTS TO GO AND HOW DO WE DO THAT IN A FAIR AND EQUITABLE WAY? AND THAT'S THAT'S WHERE THIS TENSION IS COMING FROM AND THAT'S WHAT MAKES IT SO HARD TO FIND A SIMPLE SOLUTION BECAUSE THESE THESE CHALLENGES ARE NEVER SIMPLE. BUT I DO AGREE THAT I DON'T THINK THAT THE LANGUAGE THAT HAS BEEN PROPOSED BY THE PETITIONER ADEQUATELY PROTECTS WHAT THE INTENTION OF THE CITY HAS BEEN AND I THINK TAKING MORE A LITTLE MORE TIME AS DIRECTED BY THE CITY COUNCIL TO FIND THAT HOPEFULLY SWEET SPOT OF GIVING FLEXIBILITY AND CERTAINTY TO THE OPERATORS WHILE STILL PROTECTING THE INTENTION OF THE COMPREHENSIVE PLAN AND THE ZONING DECISIONS THAT HAVE ALREADY BEEN MADE FEELS LIKE IT'S THE RIGHT NEXT STEP TO ME. I DO HOPE THAT IT WILL NOT TAKE UNTIL AUGUST OF 2027. I THINK WE ALL WANT TO FIND A SOLUTION THAT IS PERMANENT AND SATISFACTORY OR AT LEAST IS UNCERTAIN EQUALLY UNSATISFACTORY TO EVERYBODY WHICH IS PROBABLY THE MORE LIKELY OUTCOME. SO I, I ALWAYS STRUGGLE IN THESE SITUATIONS BUT I THINK THAT I WOULD SUPPORT THE MOTION THAT'S BEEN PROPOSED BY THE STAFF TO NOT SUPPORT THE PROPOSED AMENDMENT. SO IS THERE ANY OTHER DISCUSSION AND I WOULD LOOK FOR SOMEBODY TO MAKE A MOTION. I MOVED TO RECOMMEND CITY COUNCIL ADOPT A RESOLUTION DENYING THE PRIVATELY INITIATED CITY CODE AMENDMENT TO ALLOW EXISTING REMOTE PARKING FACILITIES AS A CONDITIONAL USE IN THE EIGHT CHECKS OUR ZONING DISTRICT AND TO CREATE PERFORMANCE STANDARDS FOR EXISTING FACILITIES IS OUR SECOND SECOND IT'S BEEN MOVED AND SECONDED ANY DISCUSSION? ALL THOSE IN FAVOR SAY I. I ALL OPPOSED ABOUT MOTION CARRIES. THANK YOU FOR BEING HERE THIS EVENING. I BELIEVE THAT THAT WILL NOW GO TO A PUBLIC HEARING WITH THE CITY COUNCIL ON DECEMBER 8TH 2025 FOR FINAL DISPOSITION . WITH THAT WILL'S CALL CHAIR COOKED IN BACK INTO THE ROOM THANKFULLY . THANK YOU COMMISSIONER. WAIT. THE FUND IS NOT OVER YET. WE HAVE THE REFUGEES AND RECYCLING FACILITY STANDARDS TO GO AND MR. CASANI IS BACK FOR A STAFF REPORT. YES. THANK YOU, CHAIR AND PLANNING COMMISSION. YES. I AM BACK TO TALK ABOUT OUR TRASH ENCLOSURE ORDINANCE SO I JUST WILL BRIEFLY TOUCH ON THE BACKGROUND REFRESH EVERYONE ON THE EXISTING STANDARDS AND THEN REALLY JUST WALK THROUGH WHAT'S IN THE PROPOSED ORDINANCE IN A STAFF RECOMMENDATION. SO WE'VE WE'VE TALKED ABOUT THIS A LOT. I DON'T WANT TO DWELL ON IT TOO MUCH. AGAIN, THIS TOPIC IS ONE OF SIX THAT WAS PART OF OUR SMALL BUSINESS CODES AND PROCESSES PROJECT BUT FOUR OF THOSE SIX TOPICS WERE ADOPTED IN A PHASE ONE ORDINANCE EARLIER THIS YEAR AND NOW WE'RE HERE AT PHASE TWO AND REALLY THE GOAL OF THIS PROJECT WAS TO FIND WAYS TO LOWER BARRIERS FOR BUSINESS FORMATION AND OPERATIONS IN THE CITY. SO AS YOU RECALL, OUR CURRENT STANDARD FOR A USE AND RECYCLING FACILITIES ARE THAT THEY HAVE TO BE ATTACHED TO THE PRINCIPAL BUILDING AND THAT THEY ALSO HAVE TO BE INTERNALLY ACCESSIBLE FROM THE BUILDING AND THEN THERE ARE SOME ADDITIONAL REQUIREMENTS FOR FINISHES INSIDE OF THAT TRASH ROOM FOR FOOD AND GROCERY STORE USES. SO THIS IS JUST AN EXAMPLE OF KIND OF WHAT YOU TYPICALLY SEE CURRENTLY FOR FOR TRASH STORAGE FACILITIES IN BLOOMINGTON. AND SO THE PROPOSED ORDINANCE WOULD ALLOW ALL NONRESIDENTIAL USES AND ALL ZONING DISTRICTS TO PROVIDE AN EXTERIOR REFUSE ENCLOSURE AND THEN IT ALSO ESTABLISHES PERFORMANCE STANDARDS FOR THOSE ENCLOSURES. AND SO HERE'S A PICTURE OF AN EXAMPLE OF KIND OF WHAT IF THIS ORDINANCE WERE ADOPTED? I'M AN EXAMPLE OF SOMETHING YOU MIGHT MORE TYPICALLY SEE THAT IN BLOOMINGTON FOR FOR TRASH STORAGE AT NONRESIDENTIAL USES. AND SO JUST TO WALK THROUGH THAT FIRST BULLET POINT WHEN WE SAY ALL NONRESIDENTIAL USES ,WE'RE TALKING ABOUT COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL AND OFFICE USES AGAIN IN ALL ZONING DISTRICTS. THIS REALLY PROVIDES A SECOND OPTION FOR THEM TO TO BUILD THE DETACHED ENCLOSURE OR IF AN ATTACHED INTERIOR TRASH ROOM IS NOT PREFERRED FOR THEIR BUSINESS. SO THOSE EXISTING STANDARDS AROUND THE INTERIOR TRASH THEM WOULD REMAIN AND COULD STILL BE AN OPTION TO MEET OUR MINIMUM STANDARD. BUT THEN THIS JUST AGAIN KIND OF OFFERS AN ALTERNATIVE OPTION FOR THEM. THERE'D BE NO CHANGES RIGHT NOW FOR OUR RESIDENTIAL USES AND THAT INCLUDES MULTIFAMILY USES IN MIXED USE DEVELOPMENT. SO THEY HAVE TO MEET THE CURRENT STANDARD TO HAVE AN INTERIOR TRASH ROOM THAT'S ATTACHED TO THE BUILDING. SO THIS REALLY JUST FOCUSED ON NONRESIDENTIAL AND THEN AGAIN ALL OF THE TRASH ENCLOSURES HAVE TO MEET THE PERFORMANCE STANDARDS OUTLINED IN THE ORDINANCE THAT WALL WILL WALK THROUGH NOW SO THERE'S KIND OF A NUMBER OF PROPOSED PERFORMANCE STANDARDS HERE. THE FIRST IS A GENERAL SETBACK . SO WOULD BE THE ORDINANCE IS PROPOSING A 20 FOOT MINIMUM SETBACK FROM A PROPERTY LINE ALONG A STREET AND THEN A FIVE FOOT SETBACK FROM ANY OTHER PROPERTY LINE THAT'S NOT ADJACENT TO A STREET IN THE STUDY SESSION THIS WAS 30FT WAS KIND OF WHERE STAFF WAS LANDING AS A POTENTIAL OPTION AND NOW IN THIS ORDINANCE WE DID REDUCE THAT TO 20FT AND AND REALLY THE MAIN REASON AFTER KIND OF FEEDBACK FROM PLANNING COMMISSION CITY COUNCIL AND KIND OF LOOKING AT OUR SETBACKS IN THE DIFFERENT COMMERCIAL INDUSTRIAL ZONING DISTRICTS REALLY A LOT OF THE PROPERTIES REQUIRE A 20 FOOT LANDSCAPE BARRIER ALONG A STREET AND THAT ALREADY RESTRICTS PLACEMENTS OF STRUCTURES THAT WOULD INCLUDE A TRASH ENCLOSURE AND THEN THERE'S USUALLY TYPICALLY SOME KIND OF EASEMENT ALONG THE STREET THAT CAN KIND OF RANGE YOU KNOW, FROM 5 TO 20 OR EVEN EVEN GREATER. THAT WOULD ALSO RESTRICT PLACEMENT OF STRUCTURES. SO IT WAS REALLY JUST TO HAVE A FLAT AND CLEAR STANDARD AND THAT KIND OF ALIGNS WITH SOME OF THE EXISTING STANDARDS IN OUR CODE IN A IN ADDITION THERE WOULD BE A RESIDENTIAL SETBACK FROM AN ABUTTING RESIDENTIAL PROPERTY LINE AND WE'RE PROPOSING 20FT THERE AND AGAIN LIKE WE KIND OF TALKED ABOUT IN THE STUDY SESSION, TYPICALLY THE ACTUAL HOME O RESIDENTIAL STRUCTURE IS ALREADY GOING TO BE 30FT OR MORE FROM A COMMERCIAL PROPERTY LINE JUST BASED ON OUR EXISTING SETBACK. SO IN THEORY A LOT OF THESE TRASH ENCLOSURES IF THEY'RE AT THAT 20 FOOT SETBACK WILL REALLY BE LIKE 50FT OR MORE FROM THE ACTUAL STRUCTURE OF THE HOME AND STAFF FELT LIKE THAT WAS A SUFFICIENT DISTANCE TO KIND OF MITIGATE ANY POTENTIAL ODORS OR OTHER NEGATIVE IMPACTS OF HAVING THE TRASH IN A DUMPSTER KIND OF NEAR THE RESIDENTIAL PROPERTY LINE. AND THERE'S PROXIMITY TO THE PRINCIPAL BUILDINGS. SO THEY HAVE TO BE LOCATED WITHIN 100FT OF THE ASSOCIATED BUILDING. THAT'S REALLY TO MEET THE INTENT OF THE ORDINANCE FOR EMPLOYEE SAFETY. SO IN LIKE A LARGER MULTI-TENANT COMMERCIAL BUILDING HOPEFULLY IN THEORY THAT THE WORKER ISN'T AT ONE END OF THE BUILDING AND HAS TO WALK ALL THE WAY TO THE OTHER END OF THE BUILDING TO TAKE OUT THE TRASH TO THE TRASH ROOM. SO IT'S TRYING TO ADDRESS THAT THAT ISSUE ACCESS AND CIRCULATION. SO THIS PROPOSED ORDINANCE WOULD SAY THAT THE ENCLOSURE CAN'T BLOCK ANY SIDEWALKS OR DRIVE AISLES AND CANNOT OTHERWISE IMPEDE VEHICLE AND PEDESTRIAN CIRCULATION ON THE SITE. WE DO HAVE A STABLISH LIGHTING A STANDARD THAT MATCHES THE EXISTING STANDARDS RIGHT NOW FOR A PARKING LOT. SO THIS ORDINANCE WOULD SAY THAT YOU NEED TO FOOT CANDLES WITHIN FIVE FEET OF THE ENCLOSURE. YOU KNOW FOUR CANDLES IS JUST KIND OF A UNIT OF MEASUREMENT OF ILLUMINATION ON THE LIGHT LIKE BY STARING AT SOMETHING DO I KNOW WHAT TWO FOUR CANDLES IS NOW? BUT WE HAVE, YOU KNOW, EQUIPMENT THAT WE CAN DO TO VERIFY AND ENFORCE THAT AND THEN WE WOULD ALSO THE ORDINANCE WOULD PROPOSE THAT THEN ACROSS THE PARKING LOTS OF BASICALLY THAT PATH FROM THE BUILDING TO THE ENCLOSURE RANGES FROM 1.5 TO 2 FOOT CANDLES KIND OF BASED ON THE PARKING LOT STANDARD FOR THAT USE. SO IT'S REALLY JUST TRYING TO MATCH WHAT'S ALREADY THERE FOR SCREENING. I MEAN WE WOULD SAY THAT THE ALL SIDES HAVE TO BE FULLY OPAQUE WITH THE EXCEPTION OF THE ACCESS GATE AND HERE WE WERE PROPOSING OR THE ORDINANCE WOULD REQUIRE THAT THE GATE BE AT LEAST 50% OPAQUE. SO AGAIN, TRYING TO FIND THAT BALANCE OF WANTING TO SCREEN THE DUMPSTER AND THE TRASH INSIDE BUT THEN ALSO ENSURING THAT EMPLOYEES CAN SEE INTO THE ENCLOSURE OR JUST FROM A SAFETY STANDPOINT EXTERIOR MATERIALS AND IN ROOF. THIS IS PROBABLY WHERE BASED ON SOME OF THE FEEDBACK THAT WE HEARD AT THE STUDY SESSIONS WE DID CHANGE THIS A LITTLE BIT TO SAY THAT THE MATERIALS MUST MATCH THE PRINCIPAL BUILDING. HOWEVER IF THERE'S A CASE WHERE THE PRIMARY MATERIALS OF THE BUILDING OR SOMETHING LIKE WOOD OR STUCCO THAT DON'T QUITE MAYBE MAKE SENSE FOR THE ENCLOSURE, WE DO ALLOW THIS EXCEPTION THAT AN ARCHITECTURAL CONCRETE MASONRY UNIT OR CMU THAT'S OF A SIMILAR OR COMPLEMENTARY COLOR COULD BE USED ON THE ENCLOSURE INSTEAD. AND I HAVE SOME EXAMPLES TO KIND OF SHOW WHAT THAT MEANS. BUT JUST AS A REMINDER FOR OUR DEFINITION OF AN ARCHITECTURAL CONCRETE MASONRY UNIT THEY HAVE TO BE TEXTURED IN SOME WAY TO QUALIFY AND THEY HAVE TO BE INTEGRALLY COLORED SO THEY CAN'T BE PAINTED AND THEY CAN'T HAVE JUST KIND OF A SMOOTH OR UNFINISHED SURFACE. SO THERE HAS TO BE KIND OF ARCHITECTURAL ELEMENT I THINK YOU KNOW, SOME OF THE THE SENTIMENT THAT WE HEARD AT CITY SESSIONS WAS WE ALSO WANT TO MAKE SURE THESE LOOK ATTRACTIVE. AND SO THIS WAS OUR ATTEMPT TO TRY TO FIND THAT BALANCE. ONE OTHER ITEM THAT WAS KIND OF ADDED FROM OUR STUDY SESSION DISCUSSIONS WAS AROUND FLOOR SURFACE AND IN SOME OF THE PIECES BY A STORM SEWER INLET AND THIS REALLY WAS A RECOMMENDATION FROM OUR WATER RESOURCES STAFF THAT JUST WANT TO DO ENSURE WE'RE TRYING TO LIMIT AS MUCH AS WE CAN ANY KIND OF LIQUID OR SOLID WASTE RUNOFF GOING INTO OUR STORM SEWER SYSTEM FROM THESE ENCLOSURES. SO IT'S JUST REALLY KIND OF SAYING A TEN FOOT SETBACK FROM THE STORM SEWER INLET AND THEN IN CASES WHERE THIS WILL BE RETROFITTED IN AN EXISTING PARKING LOT JUST REALLY KIND OF REITERATING IN THE ORDINANCE THAT THAT ENCLOSURE ITSELF CAN'T BE WITHIN THAT KIND OF CURB AND GUTTER SYSTEM ON THE IN THE PARKING LOT SO THAT IT DOESN'T IMPEDE THE FLOW OF, YOU KNOW, RAINWATER AND RUNOFF ON THE SITE. AND THEN FINALLY FOR HEIGHT WE JUST THE ORDINANCE WOULD SAY THAT THEY CAN'T EXCEED 16FT IN HEIGHT AND THIS JUST MATCHES OUR EXISTING STANDARD FOR ANY ACCESSORY BUILDINGS ON A NON RESIDENTIAL LOT CAN ALREADY BE 16FT OR LESS. AND SO IT'S JUST WE SEE THIS AS AN ACCESSORY BUILDING AND JUST WANT TO MATCH THAT STANDARD FOR EASE. THIS SLIDE IS REALLY JUST TO KIND OF HELP MAYBE HIGHLIGHT THE EXTERIOR MATERIAL PIECE A LITTLE BIT ON THE KIND OF CMU EXCEPTION. SO THE KIND OF THREE IMAGES ON THE LEFT WHERE WE'RE JUST LOOKING AT OUR EXTERIOR MATERIALS SO IGNORE IF SOME OF THEM DON'T HAVE A ROOF OR SOME OF THOSE OTHER STANDARDS JUST REALLY THINKING ABOUT THE EXTERIOR MATERIALS STANDARD, THE THREE ON THE LEFT YOU KNOW ARE MADE OF MATERIALS THAT CLEARLY MATCH THE BUILDING AND WOULD BE ACCEPTABLE. THE TWO ON THE RIGHT ARE KIND OF SHOWING ENCLOSURES THAT ARE A CMU. HOWEVER, YOU KNOW THEY'RE A COLOR THAT DOESN'T MATCH THE BUILDING. SO FOR EXAMPLE LIKE TO MEET OUR STANDARD THIS CMU ON THIS THIS UPPER IMAGE SHOULD BE MORE OF A SHADE OF RED WHICH YOU CAN DO IN AN ARCHITECTURAL MASONRY UNIT AND THEN THE ONE ON THE BOTTOM HERE AGAIN YOU KNOW THERE'S KIND OF WOOD PANELING FOR BROWNS AND DIFFERENT COLORS WITHIN THE STUCCO AND SOME OF THE OTHER MATERIALS ON THAT BUILDING. SO JUST HAVING AN ATTEMPT TO MORE MATCH THE COLORS WE'RE ON THERE. AND SO I THINK THE LANGUAGE IN THE ORDINANCE JUST ALSO GIVES SOME OF THAT DISCRETION TO THE PLANNING MANAGER AND STAFF TO TO HELP MAKE SURE WE'RE BEING CONSISTENT AND CLEARLY COMMUNICATE WHAT THAT EXPECTATION IS TO TO MATCH THE BUILDING. AND THEN FINALLY THERE'S JUST A FEW KIND OF WHAT I CONSIDER CLEAN UP ITEMS IN THE ORDINANCE KIND OF WITH ANY ORDINANCE REWRITE THERE ARE OFTENTIMES THINGS MIGHT GET REORGANIZED TO JUST HELP WITH FLOW OF THE OF THE NEW ORDINANCE SO THAT'S THE CASE WHERE THE INFORMATION AROUND THE INTERIOR ACCESS WAIVER IS JUST REORGANIZED IN A DIFFERENT SECTION OF THE CODE. SO THAT'S NOT A POLICY CHANGE JUST STRICTLY MOVING IT IN A DIFFERENT AREA IN THE ORDINANCE FOR FOR FLOW AND READ THERE ARE A COUPLE THINGS IN THE NONCONFORMITY SECTION THAT WERE REMOVED JUST BECAUSE THESE NEW BASED STANDARDS ARE NOW MORE FLEXIBLE AND JUST KIND OF PROVIDE A BETTER OPTION FOR BUSINESSES. THERE WERE EXCEPTIONS STANDARDS THAT WERE APPROVED FROM A PRIVATELY INITIATED CODE AMENDMENT BACK IN 2024 SO THIS ORDINANCE WOULD REMOVE THOSE STANDARDS AND SO THAT EXISTING BILL BUSINESS IF ANYTHING DOESN'T MEET THESE NEW STANDARDS THEY'D HAVE LEGAL NONCONFORMING RIGHTS. BUT WE JUST FOR EASE OF THIS ORDINANCE DON'T WANT TO KEEP A PARTICULAR CARVE OUT FOR YOU KNOW A COMMERCIAL BUSINESS IN AN INDUSTRIAL DISTRICT THAT'S 500FT FROM A RESIDENTIAL PROPERTY THAT SERVES FRIED FOOD. IT JUST MADE MORE SENSE NOW WITH THESE STANDARDS TO APPLY TO EVERYONE. AND THEN THERE'S JUST A GENERAL STATEMENT THAT WAS ADDED TO HELP WITH OUR ENFORCEMENT STAFF TO JUST ENSURE THAT THERE'S SAFE AND SANITARY CONDITIONS AT THESE TRASH STORAGE FACILITIES. SO I CAN ANSWER ANY QUESTIONS THAT YOU HAVE OTHERWISE THERE'S OUR RECOMMENDED RECOMMENDATION. YOUR CHAIR FOR THE ORDINANCE. THANK YOU, MR. CASSIDY ANY QUESTIONS FOR STAFF? MR. WHITE THANK YOU. SO JUST TWO QUESTIONS. ONE RELATED TO THE SETBACK FROM THE NEIGHBORING PROPERTIES BEING 20FT INSTEAD OF 30. DO WE HAVE ANY RESEARCH OR STATISTICS THAT TALK ABOUT ODOR? HOW FAR ORDER TRAVELS? I REALIZE THAT YOU'RE SAYING THAT THE HOUSE MIGHT BE 50FT AWAY BUT I LIKE TO SIT ON MY DECK SO I'M JUST WONDERING ABOUT WHETHER THERE'S ANY SCIENCE BEHIND THAT PARTICULAR PIECE. YEAH. CHAIR COOKED IN COMMISSIONER WHITE I'M JUST ONE CLARIFICATION THAT THE 20FT FROM RESIDENTIAL WAS PROPOSED AT THE STUDY SESSION. IT'S THE GENERAL SETBACK THAT WE REDUCED FROM 30 TO 20. BUT JUST TO THE BROADER QUESTION AROUND ODOR, I DON'T KNOW OFFHAND WHAT THAT NUMBER MIGHT BE IN THE PHASE ONE ORDINANCE ON KIND OF ODOR MITIGATION. WE DID REDUCE THE REQUIREMENT FROM LIKE 250FT TO 150FT AND TO MATCH SOME SURROUNDING CITIES AS AN EXAMPLE FROM KIND OF THE BUILDING FROM A COMMERCIAL BUILDING TO THE RESIDENTIAL BUILDING. BUT YEAH, I'M NOT AWARE OF ANY KIND OF SPECIFIC NUMBER FOR THAT. YEAH. THANK YOU. AND THEN JUST ONE ADDITIONAL QUESTION I REALLY APPRECIATE THE ATTEMPT TO PROTECT THE SEWER SYSTEM FROM RUNOFF. I AM CURIOUS THOUGH IF IT'S TEN MORE THAN TEN FEET AWAY FROM THE SEWER IT RAINS, WHERE DOES THE RUNOFF FROM IT WHERE IS IT EXPECTED TO GO IF IT'S NOT GOING INTO THE SEWER? YEAH. CHAIR CAPTAIN COMMISSIONER WHITE YOU KNOW IT'S A GOOD QUESTION. I GUESS IT KIND OF DEPENDS ON THE SITE AND WHERE WATER IS GOING TO FLOW TO KIND OF THE LOWEST POINT ON THE SITE. SO I GUESS I SHOULD JUST MENTION IT MAYBE DOESN'T QUITE ANSWER THE QUESTION BUT HELPS A LITTLE BIT. THERE'S SOME LANGUAGE IN THIS ORDINANCE AS WELL THAT WAS A RECOMMENDATION FROM OUR WATER RESOURCES STAFF TO IF THERE ARE CASES THAT THERE'S LIQUID OR SOLID WASTE RUNOFF FROM THESE ENCLOSURES GOING INTO THE STORM SEWER SYSTEM OR THE SANITARY SEWER SYSTEM, THERE'S SOME ACTION WE CAN TAKE AS AN ILLICIT DISCHARGE INTO THE SEWER SYSTEM AND SO THAT INVOLVES A FINE AND THEN, YOU KNOW, IF THERE'S REPEATED OFFENSES THAT FINE INCREASES AND CONTINUES TO GO. SO THERE'S SOME OF THAT PROTECTION IN PLACE TO TO HELP TO JUST TO CLEAR YEAH, FINE QUESTION PLEASE. SO I MEAN I, I ASSUME THAT THE ROUGH REQUIREMENT IS ALSO DESIGNED TO KEEP RAIN FROM CREATING A RUNOFF PROBLEM. SO I APPRECIATE THE THE COVERAGE. YEAH. YEAH. CHAIR CAPTAIN. COMMISSIONER WHITE THAT'S CORRECT. THAT ROOF REQUIREMENT WAS ALSO THE INTENT THERE TO HELP PROTECT SOME OF THE RUNOFF TOO. CAN I ADD ONE THING TO THAT MR. JOHNSON YEAH. CHAIR CURTIN COMMISSIONER WHITE THANKS FOR THAT QUESTION. IT IS A TRICKY AND CHALLENGING ISSUE TO SOLVE FOR. I THINK ONE OF THE THINGS THAT HELPS PROTECT THE STORM SEWER SYSTEM AS WELL AS ENSURING THAT THESE FACILITIES ARE IN A STATE OF GOOD MAINTENANCE AND SO THERE IS A PROVISION AROUND JUST POINTING TO THE FACT THAT YOU HAVE TO MAINTAIN THESE IN A PROPER AND GOOD STATE. AND SO WHAT THAT TOOL GIVES US OUR ENVIRONMENTAL HEALTH STAFF IS THE ABILITY TO WRITE UP OR WORK WITH ANY PROPERTY OWNER WHO'S NOT MAINTAINING THEIR FACILITIES IN A GOOD STATE. AND SO SOME OF SOME OF THE POOR MAINTENANCE COMPONENTS ARE GOING TO CONTRIBUTE TO THAT VERY PROBLEM IN ADDITION TO THE TOOLS WE HAVE THROUGH ILLICIT DISCHARGE. OTHER QUESTIONS FOR STAFF FISHER. MR.. THANK YOU, MR. CHAIRMAN. I HAVE TWO VERY QUICK QUESTIONS. FIRST, WHERE DID THE 100FT PROXIMITY NUMBER COME FROM? IT JUST SEEMS LIKE A LONG DISTANCE TO BE CARRYING YOUR GARBAGE BAG. YEAH SURE. YEAH. CHAIR COOKED IN COMMISSIONER MUNSTER YEAH I THINK WE'RE WE KIND OF LANDED THERE WAS PROBABLY A LITTLE BIT MORE ART THAN SCIENCE TRYING TO WE ALSO DON'T WANT TO BE SO RESTRICTIVE I GUESS THAT THEN IT MAYBE DOESN'T CREATE OPPORTUNITIES FOR THEM TO PLACE THE ENCLOSURE ON THE SITE. SO I GUESS THEY'RE JUST TRYING TO FIND A BALANCE OF NOT WANTING TO GO LIKE TOO FAR FROM THE BUILDING. BUT IF YOU MAKE IT LIKE TOO SHORT OF A DISTANCE YOU MIGHT REALLY KIND OF RESTRICT WHERE IT COULD ACTUALLY BE ON THE SITE AND THEN IT MIGHT REQUIRE A VARIANCE OR OR OR THESE OTHER THINGS THAT WERE WE WERE TRYING TO AVOID SO YOU KNOW, JUST ADMITTEDLY IS PROBABLY A LITTLE BIT MORE ART THAN A SCIENCE TO THAT AND SURE ENOUGH YEAH. AND THE SECOND ONE COULD YOU GO BACK TO THE EXTERIOR MATERIALS SLIDE WHERE YOU HAVE SORT OF THE YES OR NO? YES. YES. OKAY. SO I JUST WANTED TO MAKE SURE THAT THE THIS IS CORRECT THAT THE DOORS HAVE TO HAVE A MINIMUM OF 50% CAPACITY. YEAH. CHAIR COOKED IN COMMISSIONER MUNSTER THAT IS CORRECT. SO YOU KNOW IN A LOT OF THESE EXAMPLES HERE THE DOORS ARE MORE THAN 50% OPAQUE. SO YOU KNOW THIS PROPOSED ORDINANCE WAS HAVING THAT MINIMUM OF 50%. OKAY. THANK YOU. CAN I MR. JOHNSON YEAH. CHAIR COOKED IN COMMISSIONER MUNSTER CAN I ADD TO THAT TOO? IT'S JUST THAT THIS IS KIND OF AN ISSUE THAT WE AS STAFF HAVE WRESTLED WITH A LITTLE BIT BECAUSE THERE'S TWO THINGS THAT ARE IN TENSION. ONE IS SAFETY AND SO THERE HAVE BEEN INCIDENTS IN BLOOMINGTON WHERE YOU KNOW, SOMEONE WAS HIDING IN AN ENCLOSURE AND KIND OF PRESENTED UNSAFE CONDITIONS FOR STAFF USING THAT FACILITY. AT THE SAME TIME OBVIOUSLY HAVING A FULL SCREEN IS GOING TO BE A BETTER VISUAL, MORE CLEAN VISUAL. SO THESE ARE THIS IS SOMETHING THAT'S IN TENSION THAT I DON'T KNOW IF WE'VE REALLY FULLY RESOLVED BUT WE APPRECIATE THE FACT THAT YOU'RE KIND OF ASKING THAT QUESTION AND SHEDDING MORE LIGHT ON IT. OTHER QUESTIONS FOR STAFF MR. GUEST HAVE A QUESTION IS THERE ANYTHING IN THE PROPOSED ORDINANCE HERE THAT WOULD PRECLUDE OR ALLOW THE EXTERIOR TRASH ENCLOSURE CLOSURE TO BE CLOSER TO THE STREETS THAN THE PRINCIPAL BUILDING? YEAH. CHAIR COOKED IN PLANNING COMMISSION THAT IS CORRECT. SO THERE COULD BE SOME CASES WHERE I THINK IN OUR COMMERCIAL AND INDUSTRIAL DISTRICTS THE PRINCIPAL STRUCTURE SET BACK KIND OF RANGES BASED ON THE DISTRICT ANYWHERE FROM 10FT TO 35FT. SO THERE COULD BE SOME CASES WHERE THE PRINCIPAL BUILDING HAS A 30 OR 35 FOOT SETBACK FROM THE STREET AND THIS ENCLOSURE WOULD HAVE A 20 FOOT MINIMUM SETBACK. SO THERE ARE CASES THAT COULD HAPPEN AND I THINK THAT WAS ALSO SOMETHING STAFF WERE REALLY KIND OF GRAPPLING WITH AND TRYING TO FIGURE OUT IN THE ORDINANCE. AT ONE POINT IN OUR DRAFT ORDINANCE WE DID HAVE SOME LANGUAGE JUST SAY THAT ADDITIONALLY THE ENCLOSURE COULD NOT BE CLOSER TO THE STREET THAN THE BUILDING AND I THINK WHERE WE LANDED WAS A LOT OF OUR COMMERCIAL INDUSTRIAL PROPERTIES ARE ON CORNER LOTS OR EVEN IN THE END A LOT OF CASES THROUGH LOTS WHERE YOU HAVE THE STREET ON THE FRONT AND THE BACK OF THE BUILDING WHETHER IT'S A PUBLIC OR PRIVATE STREET AND SO IT COULD JUST BE REALLY RESTRICTIVE WHERE SOMEONE COULD ACTUALLY PLACE AN ENCLOSURE ON THEIR LOT. AND SO WE WERE TRYING TO BALANCE THAT WITH SOME OF THE SENTIMENT AGAIN OF NOT WANTING TO CREATE THESE STANDARDS THAT THEN LEAD TO A LOT OF VARIANCES OR FLEXIBILITIES ON THE STANDARDS AS WELL. AND SO WE'RE HOPING OR THE IDEA I THINK I THINK A LOT OF BUSINESSES DON'T NECESSARILY WANT TO TRASH ENCLOSURE IN FRONT OF THEIR BUSINESS FROM THE STREET KIND OF BLOCKING THEIR VIEW OF OF THEIR BUSINESS. BUT IF THEY'RE IN SOME OF THESE CASES ON A CORNER THROUGH LOT WHERE THE ENCLOSURE IS CLOSER TO THE STREET, WE ALSO HAVE THAT LANDSCAPE BUFFER TO KIND OF HELP SCREEN SOME OF THE VIEWS OR HOPEFULLY WITH THE THE LANDSCAPE BUFFER FROM THE STREET IN ADDITION TO HAVING OPAQUE AND SOLID SCREENING OF THE ENCLOSURE ITSELF AND THE ROOF NOW HOPEFULLY ALL OF THOSE THINGS WOULD HELP KIND OF REDUCE THE VISUAL IMPACT IF THERE IS AN ENCLOSURE CLOSER TO THE STREET . THANK YOU FOR THAT INFORMATION. OTHER QUESTIONS FOR STAFF COMMISSIONER DE. THANK YOU CHAIR COOK COOKED IN VERY QUICKLY DOES THE CITY HAVE ORDINANCES ARE REGULATIONS AGAINST ADVERTISING IF THEY WERE TO BE OUTSIDE LIKE COULD THEY SIGNAGE PAINTED ON THEM THINGS LIKE THAT IS THAT BEING CONSIDERED? >> YEAH. CHAIR CAPTAIN COMMISSIONER LANIER IF THEY WANTED TO PUT ANY KIND OF SIGNAGE THERE JUST HAVE TO MEET OUR OUR SIGN CODES SO IF I HAVEN'T DONE A LOT OF SIGN PERMITS RECENTLY BUT I MY UNDERSTANDING IS LIKE THEY'RE NOT ABLE TO REALLY PAINT ON THERE BECAUSE IT BE CONSIDERED A MURAL WHICH HAS ITS OWN STANDARDS AND YEAH IT WOULD JUST HAVE TO I GUESS MEET OUR SIGN CODE REQUIREMENTS AND MAYBE PLANNING MANAGER JOHNSON WANTS TO ADD TO THAT MR. JOHNSON YOU KNOW A LOT OF CONCERNS UNFORTUNATELY I'M THE CITY SIGN GUY YEAH, UNFORTUNATELY NO I HAVEN'T SEEN ANY SIGNS BE PROPOSED TO BE PAINTED ON AN ACCESSORY STRUCTURE FOR EXAMPLE NOW THAT ACCESSORY STRUCTURES ARE THAT COMMON AT COMMERCIAL BUILDINGS BUT IN TERMS OF MY OWN JUST INTERPRETATION OF THE CODE ON THE FLY HERE I DON'T THINK IT WOULD CONSTITUTE A BUILDING SIGN. I THINK IT WOULD BE SUBJECT TO FREESTANDING SIGN STANDARDS BUT THAT CERTAINLY IS A WRINKLE. YEAH THEY WOULD JUST HAVE TO MEET THE CODE FOR OTHER SIGN TYPES. ANY OTHER QUESTIONS FOR STAFF ? SEE NONE. THANK YOU MR. CASSIDY. I WILL OPEN AND THE PUBLIC HEARING ASK IF THERE'S ANYONE IN THE CHAMBERS WHO WOULD WISH TO TESTIFY IN THIS ITEM. SEE NONE. DO WE HAVE ANYBODY ON LINE? OUR PARTICIPANTS ONLINE? OUR STAFF. THANK YOU, MS.. BROWN. I WILL LOOK THEN FOR A MOTION TO CLOSE THE PUBLIC HEARING. SO MOVED FOR A SECOND. WE HAVE A MOTION AND A SECOND? YES. SECOND AND A THIRD TO ANY FURTHER DISCUSSION ON THAT. ALL THOSE IN FAVOR SAY I. I OPPOSED THAT MOTION PASSES SIX ZERO AND WE WILL MOVE TO DISCUSSION. COMMISSIONER MOSER I JUST WANT TO REVISIT THAT 50% NUMBER JUST IN A DISCUSSION FORMAT. I'M JUST 50% AS A MINIMUM OF COVERAGE SEEMS A LITTLE LOW. UM, I DON'T KNOW WHAT THE RIGHT NUMBER IS. IT'S JUST IT TO HAVE THAT AS A MINIMUM THAT THEN ALSO MAKES IT THAT YOU COULD PROVIDE 90% TRANSPARENCY AND IT WOULD BE FINE. SO I JUST I DON'T KNOW HOW YOU BALANCE THAT EXACTLY BUT THAT THAT'S THE ONE THING THAT CONCERNS ME IS THAT HAVING 50% OPEN IS A LITTLE MUCH. BUT I DON'T KNOW HOW WE REALLY WEIGH THAT TO RESOLVE IT. THANK YOU COMMISSIONER MUNSTER I WISH I HAD THOUGHT ABOUT THIS AT THE STUDY SESSION BUT I AM A LITTLE CONCERNED ABOUT ALLOWING A TRASH ENCLOSURE CLOSER TO THE STREET THAN THE PRINCIPAL BUILDING. I THINK ABOUT IT YOU KNOW MOST OF THE PLACES WHERE WE WOULD SEE THIS I THINK WOULD BE EXISTING BUILDINGS AND THERE'S PROBABLY PLENTY I MEAN I'M JUST THINKING ABOUT MYSELF DRIVING DOWN LYNDALE THERE'S PLENTY OF BUILDINGS THAT ARE FAR AWAY FROM THE STREET AND I WOULD HATE FOR TACO BELL OR WHOMEVER TO PUT IN A TRASH ENCLOSURE RIGHT NEXT TO THE STREET THAT YOU COULD SEE AND I APPRECIATE STAFF'S POSITION AND DESIRE TO HAVE LESS VARIANCES AND THE WHOLE POINT OF THIS IS TO TRY TO OPEN THINGS UP FOR BUSINESSES, RIGHT? SO WE'RE TRYING TO CREATE LESS BURDEN AND I THINK WE ARE BUT I, I AM STRUGGLING WITH THE ALLOWANCE OF HAVING THESE CLOSER TO THE STREET THAN THE PRINCIPAL BUILDING. I'M NOT SURE I CAN GET THERE WITHOUT LANGUAGE PROHIBIT DOING THAT. YES THAT MAKES IT MORE RESTRICTIVE BUT I THINK IN THIS CASE I'M OKAY WITH THAT AS A WHOLE WE'RE STILL OPENING THINGS UP. WE'RE JUST NOT OPENING IT UP AS MUCH AND SO I'M STRUGGLING WITH WITH THAT WITH NOT HAVING LANGUAGE IN THERE PRECLUDING THAT COMMERCIAL REASON. THANK YOU CHAIR COOK THEN I UNDERSTAND WHERE YOU'RE COMING FROM WITH THAT BUT WHEN YOU THINK ABOUT IT KIND OF FROM A BUSINESS ANGLE OF WHETHER IT'S TACO BELL HAVING LIKE A STINKY TRASH CAN OR WHATEVER ENCLOSURE RIGHT BOTH ESTHETICALLY AND IF YOU KNOW I IT SANITARY WISE WOULD PROBABLY HINDER THEIR BUSINESS SO I DON'T MOST OF THE TIME I COULD SEE THAT KIND OF SOLVING ITSELF OUT BUT THAT'S KIND OF MY TAKE ON ON THAT BUT I LOVE TO SEE IT HERE FOR THE THOUGHTS I'M THINKING MAYBE LIKE AN AUTO PARTS STORE THE DAY CARE IF IT'S A LITTLE ROUGH PEOPLE ARE JUST GETTING THEIR CAR TAKEN CARE OF. IT'S YOU KNOW, I TRUST THEIR RESTAURANTS AND VERY YOU KNOW PRESENTABLE TYPE BUSINESSES WOULD WOULD NOT DO THAT BUT FOR OTHER BUSINESSES THAT MAYBE DON'T CARE TOO MUCH ABOUT THEIR IMAGE, I WORRY ABOUT THAT. DEFINITELY MAKE SENSE. THANK YOU. MR.. MR.. I WOULD AGREE WITH THAT CONCERN. MR.. SUMMERS THANK YOU, CHAIR CAN I ASK STAFF A QUESTION? YOU MAY. SO MY UNDERSTANDING IS THAT THE HUNDRED FOOT WAS THERE'S ART TO IT. DO WE KNOW HOW THAT LINES UP WITH OTHER CITIES NEARBY? BECAUSE I DON'T SEE A LOT OF TRASH ENCLOSURES ON THE STREET. MAYBE THEY'RE WELL-HIDDEN. WELL SCREENED BUT I'M WONDERING IF THAT LINES UP WITH SOME OTHER CITIES IF THAT GIVES US MORE DATA. SURE. YEAH. CHAIR COOKED IN COMMISSION OR SUMMERS YEAH. WHEN I DID LOOK AT SOME ADJACENCY IT IS YOU KNOW TRUTHFULLY THERE TRASH ENCLOSURE STANDARDS ARE NOT AS PRESCRIPTIVE OF WHAT AS WHAT WE'RE PROPOSING SO I TRUTHFULLY DIDN'T SEE A TON OF ORDINANCES THAT EVEN KIND OF FTOR IN THE DISTANCE FROM THE BUILDING AND QUITE FRANKLY THE LOUDER THEIR STANDARDS WERE JUST THE YOU KNOW, THE MATERIALS KIND OF MAKING SURE IT'S ENCLOSED ON THREE SIDES WITH SOME EXCEPTION ON THE GATES AND I YOU KNOW, PROBABLY FOLLOW KIND OF THE STRUCTURE SETBACKS FOR THE UNDERLYING ZONING DISTRICT. SO YEAH, THERE'S NOT A TON OF EXAMPLES BECAUSE TRUTHFULLY A LOT OF THEM AREN'T AS PRESCRIPTIVE AS EVEN THIS IS BEING PROPOSED. THANK YOU MR. JOHNSON THANK YOU. CHAIR COOKED IN COMMISSIONER SUMMERS I AGREE WITH DAKOTA'S POINT. I JUST WANT TO CLARIFY WERE YOU ALSO SPEAKING ABOUT IT BEING LOCATED CLOSER TO THE STREET THAN THE BUILDING OR JUST 100 FOOT PROXIMITY? JUST THE 100 FOOT PROXIMITY BECAUSE I I ALSO THINK IF YOU WERE A NEIGHBORING BUSINESS TO A BUTCHER AND THEY PUT THEIR TRASH CAN AS CLOSE TO YOUR BUILDING AS POSSIBLE BUT AS FAR AWAY FROM THEIRS I MIGHT BE ANNOYED. >> YEAH. SO IF I CAN JUST SHED A LITTLE MORE LIGHT ABOUT THE ART VERSUS SCIENCE OR THE THE SIMILAR TO THE SETBACKS TO RESIDENTIAL AS WELL AS THE STANDARD THAT WE'RE DISCUSSING HERE NOW WHAT WE DID DO IS WE TESTED THESE STANDARDS USING JAZZ MEASUREMENT ON MANY DIFFERENT INDUSTRIAL AND COMMERCIAL SITES YOU KNOW, JUST TO TEST IS THIS GOING TO PRESENT US SOME PROBLEMS SPECIFICALLY THE 100 FOOT PROXIMITY STANDARD? THE REASON THAT WE RECOMMEND IT IS THAT A IT'S A SAFETY COMPONENT. YOU WANT IT TO BE CLOSER TO THE BUILDING IT'S SERVING AND B IT ALSO LESSENS THE AMOUNT OF POTENTIAL FOR ILLICIT DISCHARGE IF THE IF THERE IS ANY LIQUID WASTE WHILE YOU'RE TRANSPORTING THE TRASH WHILE A 100 FOOT NUMBER SOUNDS QUITE HIGH 100 THAT'S A LOT AND A COMMERCIAL PROPERTY THAT'S ACTUALLY NOT A VERY FAR DISTANCE IF YOU THINK ABOUT IT, IT'S LESS THAN A THIRD OF A FOOTBALL FIELD RIGHT? SO WHILE THE NUMBER SEEMS QUITE HIGH. COMMERCIAL INDUSTRIAL SITES TEND TO BE QUITE A SIGNIFICANT SIZE AND HAVE QUITE A BIT OF DISTANCE. SO WHEN WE WERE USING THE MEASUREMENT TOOL TO TEST THESE STANDARDS OUT WE FELT WE I ENCOUNTERED A NUMBER OF DIFFERENT SITES WHERE OUR PREVIOUS STANDARD WAS SET AT 75FT IS ACTUALLY WHEN WE WERE TESTING THIS WE ENCOUNTERED A NUMBER OF SITES WHERE WE FELT WE WERE LIKELY TO UNFORTUNATELY HAVE TO RECEIVE A VARIANCE OR SOME TYPE OF FLEXIBILITY ON THE PART OF TO A SITE THE ENCLOSURE IN THE MOST LOGICAL LOCATION IF THAT MAKES SENSE EITHER THAT'S MR. JOHNSON OR MR. DONKEY. SOMETIMES WE ARE ADVISED NOT TO CHANGE RECOMMENDED MOTIONS I THINK IN THIS CASE BECAUSE THE CITY IS THE APPLICANT IT WOULD NOT BE AN ISSUE IF THE PLANNING COMMISSION WANTED TO ADD BACK IN THAT TYPE OF LANGUAGE ABOUT PROHIBITING A BUILDING BEING CLOSER TO NOT BEING CLOSER TO THE STREET. YOU KNOW WHAT I'M SAYING IS THAT WE IN THIS CASE ABLE TO CHANGE THE LANGUAGE THAT'S PROPOSED TO US. CHAIR THAT'S YOU CERTAINLY ARE . YOU CERTAINLY CAN VERY WELL. THE ONE CLARIFICATION I WOULD MAKE WITH RESPECT TO THE ISSUE OF THE ENCLOSURE BEING LOCATED CLOSER TO THE STREET THAN THE BUILDING, I WOULD KNOW THAT THAT DOES PRESENT DIFFICULTY FOR THROUGH LOTS SPECIFICALLY A CORNER LOTS IS ANOTHER ISSUE AND SO IF YOUR INTENT IS TO REALLY ENSURE THAT THAT DOESN'T OCCUR ON THE FRONT LOT LINE IT'S HELPFUL TO GET THAT DIRECTION FROM YOU IN TERMS OF JUST BEING PRECISE AS OPPOSED TO JUST CAN'T BE CLOSER TO ANY STREET THAN THE PRINCIPAL BUILDING. SO JUST A CLARIFICATION THERE. CAN YOU CAN YOU DESCRIBE TECHNICALLY WHAT THE FRONT LOT LINE MEANS? YES, THE FRONT LOT LINE I DON'T HAVE THE CODE DEFINITION IN FRONT OF US BUT TYPICALLY IT IS THE THE PRIMARY YARD ALONG THE STREET THAT THE BUSINESS FRONTS ON THERE IS A SIDE CORNER YARD DEFINITION IN OUR CODE A THROUGH LOT IS WHEN IT HAS BOTH PUBLIC STREETS AND FRONT AND BACK THE LOT LINE OPPOSITE THE STREET SO WE HAVE WE HAVE A DEFINITION FOR A CORNER LOT WE HAVE ADDITION OF SIDE CORNER YARD OR LOT LINE SO I THINK WE CAN DIFFERENTIATE SOME OF THOSE THINGS BY SPECIFYING A FRONT AS YOUR INTENT. WE CERTAINLY CAN ENSURE THAT IT REFLECT THE FRONT LOT LINE . FOR ME THE FRONT LOT LINE IS MY INTENT. SO MR. JOHNSON YOU STARTED TO TOUCH ON IT THERE. SO IF WE WERE TO PROCEED WITH SOMETHING THAT USE THE TERM FRONT LINE, WHAT DOES THAT MEAN FOR CORNER LOTS IF THROUGH LOTS YEAH A CHAIR WITHOUT YOU KNOW OPENING THE CODE AND BEING VERY PRECISE IN TERMS OF LEGISLATING FROM THE DAIS AGAIN BECAUSE THE CITY COUNCIL IS THE FINAL DECISION MAKER WHAT I WHAT I WOULD LIKELY RECOMMEND YOU TO DO IS JUST TO PROVIDE US THAT DIRECTION WHETHER YOU WANT TO LIMIT THAT STANDARD TO FRONT LOT LINE OR Y WOULD ALSO WANTED TO APPLY TO A SIDE CORNER AND THEN STAFF CAN TAKE THAT DIRECTION AND AMEND THE ORDINANCE TO REFLECT THAT REQUIREMENT AND THE THE VERSION THAT'S PRESENTED TO THE CITY COUNCIL. THANK YOU. SO WHAT DOES THAT MEAN IN THE IN THE REAL WORLD FOR YOU? OKAY. IF WE WERE TO PROCEED AND THE FRONT LINE IS IS THE DIRECTIVE DOES A CORNER LOT HAVE A FRONT LOT LINE DOES IT HAVE TO FOR A LOT LINES HOW DOES THAT WORK FOR CORNER LOTS YEAH CHAIR IT HAS A FRONT LINE IT HAS A SIDE CORNER LINE YOU KNOW THE THE BLOOMINGTON ZONING CODE DOES TREAT ALL YARDS ALONG STREETS SUBJECT TO PRINCIPAL FRONT SETBACKS. FOR EXAMPLE. BUT THAT DOESN'T MEAN WE DON'T HAVE THE ABILITY TO DIFFERENTIATE BETWEEN THE FRONT LINE AND THE SIDE CORNER LINE. SO AGAIN OUR OUR MOTIVES IN TERMS OF BRINGING IT FORWARD TO YOU IS TO ENSURE THAT IT'S NOT CREATING A HIGHER PROPENSITY OF VARIANCE REQUESTS OR REQUESTS FOR FLEXIBILITY JUST DUE TO SAY CHARACTERISTICS OR CONDITIONS THAT CAN'T BE MET OTHERWISE I THINK OUR BIGGEST CONCERN WOULD BE MORE RELATED TO THROUGH LOTS BECAUSE THAT REALLY LIMITS WHERE THEY CAN BE SITED, WHERE ENCLOSURES CAN BE SITED. I WOULD ADD TO THAT ON A CORNER LOT IF THEY WERE UNABLE TO MEET THIS REQUIREMENT THEY WOULD HAVE THE OPPORTUNITY TO CONSTRUCT AN ATTACHED AND FULLY ENCLOSED TRASH ROOM. SO THAT WOULD BE ANOTHER SOLUTION THAT THEY COULD SEEK . THANK YOU. MR. JOHNSON. ANY OTHER THOUGHTS? MR.. MR.. JUST TAKING THAT I ABSOLUTELY SHARE THE CONCERN WITH THE FRONT LOT LINE. I WOULD ALSO BE CONCERNED WITH THAT CORNER SIDE THAT YOU'RE ESSENTIALLY NOT JUST PUSHING THE PROBLEM TO A SIDE STREET BUT I AGREE THAT THROUGH LOTS ARE SORT OF A SEPARATE ANIMAL THAT JUST SORT OF HAVE TO BE DEALT WITH BUT THAT THAT'S THE ONLY DIFFERENCE THAT I WOULD HAVE FOR ME. MR. CHAIRMAN, I THINK WE'RE IN AGREEMENT ON THAT . JUST ASK THE QUESTION ONE MORE TIME FROM STAFF'S PERSPECTIVE, IS IT EASIER FOR US TO TRY TO AMEND THE MOTION HERE AT THE DAIS OR TO TABLE THIS AND HAVE YOU COME BACK TO US AT OUR NEXT MEETING WITH A REVISED PLAN? I MEAN I'LL CERTAINLY LOOK TO THANK YOU CHAIR. I'LL LOOK TO DAKOTA TO AFFIRM MY SUGGESTION BECAUSE HE IS IN THE COCKPIT RIGHT NOW. BUT I THINK THAT WE I THINK YOUR GUIDANCE IS CLEAR ENOUGH AND WE ACTUALLY HAVE LANGUAGE THAT WE ALREADY HAVE DRAFTED THAT EFFECTUATE THAT DECISION BECAUSE IT'S SOMETHING THAT WE WRESTLED WITH BEFORE. AGAIN, IT'S SOMETHING WE'RE VERY FAMILIAR WITH AND IS CONSISTENT WITH OUR ACCESSORY STRUCTURE STANDARDS. SO IT'S NOT A FOREIGN STANDARD FOR US TO CREATE. I THINK WE'VE UNDERSTOOD YOUR DIRECTION AND WE WOULD BE COMFORTABLE MOVING FORWARD JUST WITH A MOTION RECOMMENDING THE ORDINANCE WITH AMENDMENTS AS SPECIFIED NOT TO ALLOW CLOSER TO FRONT AND SIDE CORNER LOT LINES ALONG THE STREET. THANK YOU MR. JOHNSON GROCERIES THANK YOU CHAIR. I DON'T AGREE WITH THE CORNER PART OF IT AT ALL SO I JUST WANT TO LET THAT BE KNOWN. THANK YOU CHAIR THANK YOU COMMISSIONER LISA SO I THINK THE BEST PATH FORWARD HERE IS I WOULD LOOK FOR A MOTION AND FOR CLARITY ON THAT MOTION WHETHER YOU WANT N AMENDMENTS AND TAKE THE EMOTION AS PRESENTED BEFORE US OR WHETHER YOU WANT THE YOU KNOW HOWEVER YOU WANT A MOTION THAT AND THEN FOR US AS VOTERS IF YOU AGREE WITH IT YOU MAY VOTE IN FAVOR AND IF YOU DO NOT FEEL COMFORTABLE WITH IT YOU WOULD VOTE AND NOT IN FAVOR. SO ANY FURTHER DISCUSSION? IF NOT I WOULD LOOK FOR A MOTION. COMMISSIONER MUNSTER I MOVE TO RECOMMEND THE CITY COUNCIL ADOPT THE PHASE TWO SMALL BUSINESS CODES AND PROCESSES ORDINANCE THEREBY AMENDING CHAPTER 21 OF THE CITY CODE SUBJECT TO AMENDMENTS TO PROHIBIT DUMPSTER ENCLOSURES BETWEEN THE STRUCTURE AND THE FRONT LINE OR THE CORNER SIDELINE OF A PROPERTY. SO A SECOND SECOND WE HAVE A MOTION IN A SECOND. ANY FURTHER DISCUSSION ON THE MOTION? COMMISSIONER LISA SO JUST SO I UNDERSTAND OR I GUESS SHOULD CLARIFY RIGHT THERE'S GOING TO BE A UPDATED MOTION THAT WOULD HAVE THE OPTION OF EITHER ONLY IF THIS ONE DOES NOT PASS SO WE'LL VOTE ON THE MOTION BEFORE US IF IT PASSES THEN THAT WOULD CONCLUDE THE ITEM. OKAY. THANK YOU. ANY OTHER QUESTIONS OR DISCUSSION ON THE MOTION? COMMISSIONER SUMMERS I THINK FOR ME WHAT I'M DOING WITH THIS CONDITIONAL PIECE TO THE MOVE TO RECOMMEND IS IF STAFF STAFF TOOK THAT LANGUAGE OUT AND THE KIND OF INTENTION BEHIND THIS AT ITS BASE WAS TO REMOVE IMPEDIMENTS FOR SMALL BUSINESS OWNERS. SO I THINK ABOUT HOW HARD IT IS TO OPEN A CHILD CARE AND I THINK THAT THAT WAS ACTUALLY ONE OF THE IN THE STUDY SESSION PART OF THE LIKE EXAMPLES SO WITH THAT EXTRA LANGUAGE IT DOESN'T SEEM LIKE STAFF HAVE A REALLY BIG WORRY ABOUT THAT BUT I JUST WANT TO CHECK DOES THAT FEEL LIKE JUST ANOTHER THING THAT WOULD BE HARDER FOR SMALL BUSINESS OWNERS TO GET DONE? MR. CASSIDY YEAH. CHAIR CAPTAIN. COMMISSIONER SUMMERS YEAH. I THINK IT'S DEFINITELY A POINT OF DISCUSSION THAT WE HAD INTERNALLY AS STAFF HAVING THE LANGUAGE TO SAY THAT IT CAN'T BE CLOSER TO THE STREET IS JUST ANOTHER REQUIREMENT AND I THINK ON CORNER LOTS OR THROUGH LOTS COULD LIMIT WHERE THEY'RE BEING LOCATED AND SO IF THAT IS THE CASE THEN THE DIRECTION FOR THE BUSINESS IS TO EITHER TRY TO SEEK FLEXIBILITY IN OR A VARIANCE OR TO GO TO THE OTHER OPTION AND CONSTRUCT THE INTERIOR TRASH ROOM WHICH WE HAVE HEARD FROM BUSINESSES OR THE POINT OF BRINGING THIS ORDINANCE IS THAT IS ALSO PROHIBITIVE AND CAN BE COSTLY AND THEY WANT TO DO THESE DETACHED ENCLOSURES. SO YOU KNOW, I THINK I ORIGINALLY LIKE HAD THAT LANGUAGE IN THE ORDINANCE AND THEN I THINK AFTER DISCUSSION WE REMOVED THAT CLOSER TO THE STREET REQUIREMENTS. SO YOU KNOW, I KIND OF LOOK TO ALL OF YOU IN THE CITY COUNCIL WILL KIND OF REALLY PROVIDE THAT THE POLICY DIRECTION AND WE'LL KIND OF MOVE FORWARD WITH WHAT YOU ALL THINK IS APPROPRIATE. MR. WHITE THANK YOU. I APPRECIATE THE THE THOUGHTFULNESS THAT THE STAFF HAS PUT INTO THIS. I, I SUPPORT THIS PROPOSED AMENDMENT BECAUSE I THINK THAT IT SEEMS LIKE COMMON SENSE BUT THERE'S ALWAYS THAT GUY AND SO I THINK THAT THAT I DON'T THINK IT CREATES AN UNIMPEACHABLE BARRIER FOR BUSINESS AND I THINK THAT ALTHOUGH I THINK THE GOAL HAS BEEN TO MAKE THINGS EASIER FOR THOSE WHO WANT TO DO BUSINESS, IT SHOULDN'T BE AT THE EXPENSE OF THE INTENTION OF A LOT OF OUR OUR ZONING REGULATIONS AND ORDINANCES TO KEEP THE THE FRONT YARD A LITTLE MORE ATTRACTIVE. SO I DON'T THINK IT CREATES AN A TERRIBLE BARRIER FOR ANY BUSINESS AND I THINK IT JUST ADDS CLARITY AND PROTECTION FROM POTENTIAL BAD ACTORS. FISHERIES YEAH. CHAIR IF YOU DON'T MIND QUESTIONS COMMISSIONER WHITE WHAT SO WOULD YOU BE IN SUPPORT OF ALL OF IT INCLUDING THE CORNER LOTS OR LIKE OR THE AMENDMENT INCLUDE A CORNER LOTS I DON'T HAVE TREMENDOUSLY SORRY MR. CHAIR I DON'T HAVE TREMENDOUSLY STRONG OPINIONS ABOUT THE THE CORNER LOT OTHER THAN AGAIN IT'S A IT'S A SIDE YOU KNOW IT'S JUST MOVING THE PROBLEM TO THE SIDE STREET AND SO I THINK THAT OUR INTENT IS TO TRY AND KEEP THE ENCLOSURES KIND OF BEHIND THE BUILDINGS AND BEING LESS VISIBLE AND STANDING OUT LESS WHILE STILL BEING CLOSE ENOUGH TO BE SAFE AND AND USABLE BY STAFF. SO HONESTLY I'M A LITTLE LESS CONCERNED ABOUT THE SIDE BUT I DON'T HAVE A PROBLEM WITH IT BEING IN THERE BECAUSE I THINK THAT'S STILL THE INTENT OF KEEPING IT AWAY FROM BEING SUPER VISIBLE FROM STREETS THAT MAKE SENSE. AND IF YOU'RE IN MY CHAIR KIND OF STUFF THE QUESTION WHEN THESE BUSINESS OWNERS DO REQUEST VARIANCES IN THESE SITUATIONS ARE THEY APPROVED FOR THE MOST PART, YEAH. CHAIR KICKED IN COMMISSIONER YOU SAY YEAH AS LONG IT JUST KIND OF DEPENDS ON THEIR FINDINGS THAT ARE MET AND THOSE ARE IN STATE STATUTE AROUND YOU KNOW KIND OF UNIQUE CIRCUMSTANCES AND IN OTHER THINGS SO BECAUSE WE OUR CURRENT STANDARD IS AN INTERIOR TRASH ROOM THERE'S NOT A TON OF EXAMPLES OF THESE ENCLOSURES GETTING VARIANCES BUT I MEAN WE'VE HAD CASES WHERE PEOPLE HAVE GOTTEN SETBACK VARIANCES OR IF THEY GET REZONED IN A PLAN DEVELOPMENT OVERLAY AND GET SOME FLEXIBILITY ON SETBACKS, THOSE ARE CERTAINLY OPTIONS. IT'S JUST AS LONG AS THOSE FINDINGS CAN BE MADE TO DO THAT. SO YOU FEEL I'VE BEEN IN MY CHAIR, YOU FEEL THAT IT WOULD I MEAN THIS WOULD ALLOWING THIS WOULD ALLOW MORE TIME FOR STAFF TO DO OTHER THINGS OR LESS TIME SPENT ON VARIANCES WAS THAT COULD YOU. WELL YEAH CHAIR COULD YOU COMMISSIONER EASIER I GUESS IT'S A LITTLE HARD TO SAY. I THINK WHERE WE'RE SEEING IN GENERAL ON CORNER LOTS ARE THROUGH LOTS. THERE COULD BE SPECIAL CIRCUMSTANCES WHERE THIS IF IT CAN'T BE CLOSER TO THE STREET COULD JUST REALLY LIMIT WHERE SOMEONE COULD DO AN ENCLOSURE SO THEN THEIR OPTIONS ARE EITHER TO THEN DO THE INTERIOR TRASH ROOM OR GO THROUGH THE PROCESS TO GET A VARIANCE OR SOME KIND OF FLEXIBILITY. BUT I GUESS I DON'T KNOW. PLANNING MANAGER JOHNSON IF HE HAD MORE TO ADD BUT IT'S KIND OF A LITTLE HARD TO SAY LIKE HOW MUCH TIME OR NOT TIME IT WOULD TAKE FROM STAFF BUT JUST THOSE WOULD BE THE OPTIONS FOR THE APPLICANT TO PURSUE. MR. JOHNSON CHAIR KURKJIAN THANKS. AND COMMISSIONER, YOU SAY I MEAN JUST TO PROVIDE A BIGGER PICTURE STATEMENT IN TERMS OF ALL THE ORDINANCES WE HAVE THERE'S ONLY ONE WAY TO TEST STANDARDS AND THAT'S TO RELEASE THEM INTO THE WILD AND SO I WOULD NOTE A COMPARISON TO OUR ACCESSORY STRUCTURE ORDINANCES. NOW I KNOW ACCESSORY STRUCTURES ARE LESS COMMON AT COMMERCIAL AND INDUSTRIAL PROPERTIES BUT BUT THERE ARE MANY THAT DO EXIST AND ACCESSORY STRUCTURES ARE SUBJECT TO THESE TO THE SAME STANDARD THAT YOU'RE DISCUSSING. CHAIR COCHRANE AND WE HAVEN'T HAD ANY VARIANCES TO THOSE LOCATIONAL STANDARDS THAT I'M AWARE OF IN THE LAST TEN YEARS AT LEAST. SO I THINK THAT THERE ARE SPACES TO FIND ON PROPERTIES THAT WILL MEET CODE FOR THE MOST PART THERE'S ALWAYS I NEVER CLOSED THE DOOR ON SOME UNIQUE CIRCUMSTANCE BUT THAT'S WHY THE VARIANCE TOOL EXISTS IN THE FIRST PLACE. SO I THINK THE MAJORITY OF STAFF'S CONCERN WAS MORE RELATED TO THROUGH LOTS IF THAT'S EXEMPTED FROM THIS PROVISION AS I BELIEVE YOUR MOTION DOES THEN I THINK THAT WE'RE MOST OF THE WAY THERE AND THE CITY CAN ALWAYS MAKE ADJUSTMENTS IN THE FUTURE. ANY OTHER DISCUSSION? I WILL CALL FOR A VOTE ON THE MOTION FROM COMMISSIONER MUNSTER. ALL THOSE IN FAVOR SAY I. I OPPOSED OPPOSE THAT MOTION PASSES FIVE ONE THIS ITEM WILL GO BEFORE THE CITY COUNCIL AS A PUBLIC HEARING ON DECEMBER 8TH. THANK YOU, MR. CASSIDY. ALL RIGHT. THANK YOU. WE'LL MOVE ON TO ITEM NUMBER FIVE CONSIDERATION OF THE DRAFT PLANNING COMMISSION MEETING MINUTES FROM OCTOBER 23RD. DO I HAVE A MOTION? SOME OF YOU MAY HAVE A MOTION. AND IS THERE A SECOND? I HAVE A MOTION IN A SECOND TO APPROVE THE DRAFT PLANNING COMMISSION MEETING MINUTES FROM OCTOBER 23RD. ALL THOSE IN FAVOR SAY I. I OPPOSED ABSTAIN ABSTAIN. THAT MOTION PASSES FIVE ZERO WITH ONE ABSTENTION. WE WILL MOVE IN ITEM NUMBER SIX THE PLANNING COMMISSION POLICY AND ISSUES UPDATE MR. JOHNSON THANK YOU CHAIR COOKED IN PREVIEW OF THE NEXT TWO MEETINGS HERE UPCOMING ON NOVEMBER THE 20TH AND DECEMBER 4TH AND NOVEMBER 20TH THERE'LL BE A PUBLIC HEARING FOR FIRE STATION SIX BUNKHOUSE FOR A VARIANCE TWO FRONT YARD EXCUSE ME A FRONT SETBACK AND FINAL SITE AND BUILDING PLANS. THE SECOND ITEM IS A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT FOR CANNABIS MANUFACTURING AT 10901 NESBITT AVENUE SOUTH. THE THIRD ITEM IS A PUBLIC HEARING FOR INTERIM USE PERMIT FOR A REMOTE AIRPORT PARKING AT 7901 INTERNATIONAL DRIVE THAT'S FOR PARK AND GO THE ENTITIES SPEAKING AT THE PUBLIC HEARING. THE FOURTH ITEM IS A STUDY ITEM TO DISCUSS THE DRAFT 2026 PLANNING COMMISSION WORK PLAN LAYING OUT THE OVERALL SCHEDULE FOR LONG RANGE PLANNING WORK IN THE COMING YEAR AND WE WERE PLANNING TO RIGHT NOW WE'RE CURRENTLY PLANNING TO PRESENT TO YOU THE 2026 MEETING SCHEDULE FOR NEXT YEAR BUT I WILL NOTE THAT THAT DOES HAVE TO TRACK BEHIND THE CITY COUNCIL ADOPTION OF THEIR MEETING SCHEDULE. SO WE'RE STILL AWAITING WE ANTICIPATE THAT COULD HAPPEN ON NOVEMBER 17TH BUT THAT COULD BE DELAYED ONE MEETING. SO JUST A HEADS UP ABOUT THAT ON DECEMBER 4TH WE ARE LOOKING AT A PUBLIC HEARING FOR THE COMMERCIAL VEHICLES AND TRAILER PARKING STANDARDS AND RESIDENTIAL DISTRICTS. WE HAD A STUDY ITEM ON THAT. SO THAT'S THE FORMAL ORDINANCE FOR YOUR CONSIDERATION. THE BLOOMINGTON FERRY ROAD CORRIDOR STUDY WILL BE BACK BEFORE YOU FOR A FORMAL RECOMMENDATION AT THE DECEMBER 4TH MEETING AND THEN A STUDY ITEM FOR THE CITY'S FENCE ORDINANCE. IT'S ANOTHER WORK PLAN PROJECT TO EVALUATE THE CITY'S FENCE FENCING STANDARDS. SO THAT'S THE ITEMS UPCOMING ON NOVEMBER 20TH AND THE FOURTH. TWO OTHER QUICK UPDATES I'LL JUST MENTION IS A REMINDER TO IF YOU CAN PLEASE RESPOND TO THE PLANNING COMMISSION RETREAT SURVEY. WE'RE HOPING TO PUT SOMETHING TOGETHER IN JANUARY SHOULD THE BOARD SUPPORT JANUARY, FEBRUARY, MARCH I SHOULD SAY FIRST QUARTER HOPEFULLY EARLIER. SHOULD THE PLANNING COMMISSION WANT TO PURSUE THAT OPPORTUNITY? AND THEN FINALLY SOMETHING THAT'S COME UP A PROCEDURE THAT THE CITY COUNCIL HAS ADOPTED BY THE WAY, WE VERY MUCH APPRECIATE WHEN PEOPLE SEND US QUESTIONS IN ADVANCE IF THEY HAVE QUESTIONS ABOUT AGENDA ITEMS THAT'S VERY HELPFUL FOR US TO PREPARE MATERIALS NECESSARY RESEARCH. SO THANK YOU FOR DOING THAT. BUT A PRACTICE THAT THE CITY COUNCIL HAS ADOPTED IS ACTUALLY WHEN THEY RESPOND TO SAID INQUIRIES THEY ACTUALLY SHARE THOSE RESPONSES AND INFORMATION WITH THE FULL BOARD WITH THE FULL CITY COUNCIL SO THAT EVERYONE CAN GAIN ACCESS TO THE RESPONSES TO THOSE QUESTIONS. SO THIS IS MORE JUST A BRIEF DISCUSSION ITEM I WELCOME EITHER WAY I THINK WORKS JUST FINE BUT IF THE PLANNING COMMISSION HAD A STRONG PREFERENCE ONE WAY OR THE OTHER IF YOU WANTED TO FOLLOW THE CITY COUNCIL PROCEDURE IN THAT RESPECT TO HAVE EVERYONE BE COPIED ON THAT RESPONSE OR NOT, WE CERTAINLY COULD. SO THIS IS KIND OF AN UNPLANNED ITEM BUT IT'S SOMETHING THAT'S COME UP A COUPLE OF TIMES AND JUST WANTED TO CHECK IN WITH YOU ALL IN TERMS OF WHAT YOUR PREFERENCE WOULD BE AND MAYBE SOME MEMBERS DON'T WANT THEIR QUESTIONS SHARED WITH OTHER MEMBERS THAT CAN BE TRUE TOO AND OF COURSE COULD BE HANDLED WITH DISCRETION. MR. JOHNSON AND MR. TUSK, HE COULDN'T WOULDN'T THERE BE A CONCERN ABOUT OPEN MEETING LAW WITH HAVING ALL OF US ON A COMMUNICATION AGAIN AS LONG AS IT'S NOT REFLECTING OF DELIBERATE AND I INVITE ATTORNEYS TO ASK YOU TO STEP IN IF NEED BE BUT AS LONG AS IT'S NOT DELIBERATING TOWARDS A DECISION, AS LONG AS IT'S A SIMPLE FACTUAL QUESTION THAT INFORMATION CAN BE SHARED BROADLY AS A AS A GROUP IT'S SIMILAR OR AKIN TO THE STAFF REPORT. IT'S JUST SEEKING CLARIFICATION, THOUGHTS AND AGREES I THINK OUT OF AN ABUNDANCE OF CAUTION IF WE WERE TO DO THAT I THINK I WOULD ASK THAT YOU BE CC US AS RECIPIENTS SO SOMEBODY DOESN'T ACCIDENTALLY REPLY TO THAT EMAIL AND HAVE A DISCUSSION STARTED UNINTENTIONALLY WITH ALL OF US. I'M JUST LIKE PEOPLE PROBABLY DON'T REALIZE THIS AT HOME BUT WE DO NOT TALK TO EACH OTHER BETWEEN MEETINGS AND I THINK I THINK THAT'S THE RIGHT THING TO DO. I THINK LIKE BEFORE I WAS ON THE PLANNING COMMISSION I ASSUMED WE ALL SAW EACH OTHER AFTER THIS SET OF SEVEN CHAIRS HERE AND WE REALLY DON'T AND I THINK THAT'S A GOOD THING AND THAT WE COME HERE WITH UNIQUE PERSPECTIVES THAT WE ARE NOT INFLUENCED BY EACH OTHER BETWEEN MEETINGS AND THAT WE HAVE REVIEWED IT WITH OUR OWN LENS AND WE COME HERE AND HONESTLY I HAVE NO IDEA WHAT YOU ALL ARE GOING TO SAY WHEN I GET HERE AND I THINK THERE'S SOMETHING I THINK THERE'S SOMETHING GOOD ABOUT THAT IN THAT WE ARE NOT A COMMISSION THAT COLLABORATES WITH ONE ANOTHER. WE ARE NOT LIKE WE ARE NOT AFRAID TO DISAGREE WITH EACH OTHER AND I THINK THAT'S THE SIGN OF A HEALTHY COMMISSION AND I DON'T WANT TO HAVE I DON'T WANT US TO START THINKING ALONG THE SAME WAVELENGTH BEFORE WE GET HERE. I LIKE US HAVING INDEPENDENT VOICES BECAUSE I, I THINK THAT CHALLENGES US TO THINK CRITICALLY AND TO THINK INDIVIDUALLY AND IT PUTS THE RESPONSIBILITY ON US TO BE PREPARED IN OUR OWN WAY TO GET HERE SO I DON'T KNOW. I IF WE DO IT YEAH, I WOULD JUST WANT TO MAKE SURE THAT WE'RE NOT TRENDING TOWARDS SOMETHING BEFORE WE GET HERE. BUT I UNDERSTAND LIKE MORE INFORMATION IS BETTER SO I'M A LITTLE TORN ON IT I GUESS MR. SUMMERS CHAIR I THINK ONE SUGGESTION I MIGHT OFFSET THAT SO THAT LET'S SAY YOU HAD A BOARD OF COMMISSIONERS WHO HAD A LOT OF QUESTIONS THAT IS IN SOME WAYS POTENTIALLY GIVING A LOT OF HOMEWORK TO STAFF TO NOT ONLY HAVE ANSWERS BUT WRITE THEM FORMALLY TO THE COMMISSION AND I WONDER IF A BETTER PROCESS WOULD BE SUBMITTING QUESTIONS THAT WERE THEN ASKED TO THE STAFF IN THE MEETING. SO I, I THINK THAT IT CAN BE REALLY HELPFUL TO SEND QUESTIONS IN ADVANCE ESPECIALLY THINGS THAT ARE DATA RELATED SO THAT STAFF DON'T FEEL REALLY SURPRISED AND FEEL LIKE THEY CAN'T QUITE GET TO THE INFORMATION THEY NEED TO SUPPORT THE DEPTH AND BREADTH OF WORK THAT THEY'VE DONE BY THE TIME THEY GET TO PRESENTING HERE. I THINK THAT THAT IS A GOOD PROCESS AND THAT THAT COMMISSIONER CAN THEN ASK IT DURING THE MEETING AND THAT IT COULD BE UP TO PLANNING STAFF IF SOMEONE ASKED SOMETHING THAT WAS LIKE OH WE REALLY NEED TO GIVE YOU A LOT OF SUPPORTING INFORMATION AND EVERYONE SHOULD HAVE IT. SO I KNOW THAT SOMETIMES LEAVING IT UP TO DISCRETION IS COMPLICATED BUT I THINK THE PROCESS OF SUBMITTING QUESTIONS AHEAD OF TIME IS REALLY A WAY FOR THE COMMISSION TO SUPPORT STAFF IN THE WORK THAT THEY DO AND HELP THEM TO BE BEST PREPARED FOR THE CONVERSATION. THANK YOU COMMISSIONER. SORT YEAH THERE AS YOU WERE TALKING THERE I YOU KNOW I WORK A FULL DAY ONHURSDAYS AND I OFTEN DON'T HAVE MY CITY IPAD WITH ME AT WORK AND SO I DO WORRY A LITTLE BIT ABOUT IF THERE'S A BUNCH OF INFORMATION COMING TO US THROUGHOUT THE DAY ON THURSDAY BECAUSE A COMMISSIONER ASKED ON WEDNESDAY EIGHT I MAY JUST NOT SEE THAT AND THEN IF IT'S NOT UP BROUGHT UP DURING THIS MEETING THAT SOME OF US HAVE INFORMATION THAT OTHERS MAY NOT AND THAT ALSO MAKES ME A LITTLE UNCOMFORTABLE AND TO YOUR POINT, COMMISSIONER SUMMERS ASKING THAT QUESTION IN THIS FORUM NOT ONLY MAKE SURE ALL OF US GET THE SAME ANSWER BUT ALSO THE PUBLIC THEN HEARS THE ANSWER TO THAT AS WELL. AND SO I LIKE THE CURRENT PROCESS OF WE EMAIL THEM, WE GET A RESPONSE BACK AND IF WE FEEL IT'S VALUABLE TO BRING UP IN THE MEETING WE DO THAT. IN FACT I DID THAT TWICE THIS EVENING. TWO OF THE QUESTIONS I ASKED THIS EVENING I HAD PREVIOUSLY EMAILED TO MR. CASSADAY SO AND SOMETIMES WE GET RESPONSES WHERE WE THEN UNDERSTAND IT'S IT'S NOT OF VALUE AND WE DON'T BRING IT UP. THE MORE I TALK ABOUT IT OUT LOUD THE MORE I I'M NOT A BIG FAN OF OF THE PROPOSAL AND THAT WE JUST CONTINUE WITH SENDING QUESTIONS IN EARLY AND THEN ASKING THEM HERE AT THE MEETING I THINK THAT'S THE MOST TRANSPARENT WAY FOR THE PUBLIC AND IT ENSURES ALL OF US SEE THE SAME INFORMATION. BUT I'M OPEN TO OTHER THOUGHTS MR. JOHNSON AND THIS MIGHT FALL INTO THE IF IT'S NOT BROKE, DON'T FIX THAT KIND OF THING. SO I DIDN'T NECESSARILY MEAN TO STIMULATE A LONGER DISCUSSION ABOUT IT. IT'S JUST A DISCREPANCY I NOTICED BETWEEN PROCEDURES BETWEEN THE CITY COUNCIL AND THE PLANNING COMMISSION AND TO THE TO THE CHALLENGE THAT THE RIGOR THAT THE CITY COUNCIL HAS THERE. YOU KNOW, THERE'S 20, 30 ITEMS ON THEIR AGENDA. SO I THINK THAT'S PROBABLY INFORMED SOME OF THE REASON WHY THEY DO SOME OF THOSE THINGS. BUT YEAH AND AGAIN THIS IS NOT A CRITICAL POINT OR PROCEDURAL THING FOR STAFF. IT WAS JUST SOMETHING THAT I THOUGHT GIVEN SOME QUESTIONS MORE RECENTLY I JUST WANTED TO ASK EVERYONE HOW THEY FELT ABOUT IT SO BE SURE WE I APPRECIATE STAFF BRINGING IT UP. I THINK I DON'T FEEL STRONGLY THAT WE NEED TO MAKE A CHANGE RIGHT NOW BUT I THINK WE COULD BE THINKING ABOUT IT MAYBE OVER THE NEXT COUPLE OF MONTHS AND IF WE NOTICE AN UPTICK IN QUESTIONS OR IF WE WANT TO REVISIT IT WE CERTAINLY COULD. BUT I'M INCLINED TO LEAVE THINGS AS THEY ARE FOR RIGHT NOW. ANY OTHER THOUGHTS? I THINK WE'RE HAVING MR. JOHNSON'S WE'RE GOING TO NOT PROCEED WITH THAT. THANK YOU FOR INDULGING ME. THANK YOU. THANK YOU FOR THE OPPORTUNITY . ANY OTHER THOUGHTS FROM PLANNING COMMISSIONERS THAT WERE NOT ON TONIGHT'S AGENDA? SEE NONE. THAT CONCLUDES THIS NOVEMBER 6TH MEETING OF THE BLOOMINGTON PLANNING COMMISSION. >> GOOD NIGHT