May 23, 2024 Bloomington Planning Commission Meeting

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AND COME TO THE MAY 20 THIRD MEETING OF THE BLOOMINGTON PLANNING COMMISSION. THE PLANNING COMMISSION IS MADE UP OF 17 VOLUNTEER BLOOMINGTON RESIDENTS APPOINTED BY CITY COUNCIL. TONIGHT WE HAVE FIVE WHICH IS A QUORUM. THE COMMISSION ADVISES THE CITY COUNCIL ON PROPOSALS DEVELOPMENT STANDARDS LONG RANGELANNING TRANSPORTATION ISSUES. OUR WORK IS INFORMED BY THE CITY'S COMPREHENSIVE VARIOUS DISTRICT PLANS AND THE CITY CODE FOR SOME. THE COMMISSION MAKES A RECOMMENDATION WITH THE COUNCIL HAVING FINAL DECISION MAKING AUTHORITY. IN OTHER CASES THE PLANNING COMMISSION CAN APPROVE DENY AN APPLICATION SUBJECT TO AN APPEAL TO THE CITY COUNCIL. TONIGHT ALL OF OUR ITEMS ARE STUDY SESSION SO THERE WILL BE NO ACTION. OUR FIRST ORDER OF BUSINESS TONIGHT IS THE PLEDGE OF ALLEGIANCE STAND AS YOU ARE ABLE I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED OF AMERICA AND TO THE REPUBLIC WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY, JUSTICE FOR ALL. ALL RIGHT. THE FIRST ITEM TONIGHT IS A CONVERSATION ABOUT A WAGE ORDINANCE BEING CONSIDERED AND WE HAVE COMPLIANCE MANAGER MALIK AND CITY ATTORNEY AMANDA SHADE JOINING US LOW CHAIR. COMMISSION MEMBERS THOUGH MY NAME IS THE SON OR OKAY SO I GUESS WE'LL JUST GET STARTED OF SO MY NAME IS OF YOUR MALIK I WORK IN THE CITY OFFICE AND UH THE REASON WE'RE HERE IS IN DECEMBER, UM, THE CITY COUNCIL HAD SOME CONCERNS ABOUT A DEVELOPMENT PROJECT. THEY ASKED, UH, CITY STAFF TO LOOK INTO, UH, WHAT LABOR PROTECTIONS EXIST FOR UH, PEOPLE WORKING ON CITY FUNDED PROJECTS. AND WE WERE THEN ASKED WE MET AGAIN IN MARCH AND THEN WE WERE ASKED PUT TOGETHER A DRAF PREVAILING WAGE ORDINANCE AND WE WENT AGAIN IN FROM THE COUNCIL IN APRIL AT THE END OF APRIL AND THEN THEY TOLD US TO GO AND TALK ABOUT THE PROPOSED ORDINANCE WITH THE HRA AND THE PORT AUTHORITY AND THE PLANNING COMMISSION. SO THAT'S HOW WE GOT. SO UM YEAH GO TO THE NEXT UM. OKAY SO APRIL 29TH THERE WERE A VARIETY OF PRESENTERS WHO CAME WE HAD A DEVELOPER CONTRACTOR OR SUBCONTRACTOR. WE HAD PEOPLE FROM THE RESEARCH COMMUNITY UNIONS SO THEY KIND OF GAVE DIFFERENT PERSPECTIVES ON WHAT PREVAILING WAGE IS. UM I CAN I'LL GIVE A VERY QUICK THING AT THE BEGINNING BECAUSE I DON'T IF PEOPLE ARE VERY FAMILIAR WITH IT UM WHAT PREVAILING WAGE IS THE STATE OF MINNESOTA DOES A SURVEY OF THE DIFFERENT COUNTIES IN MINNESOTA AND THEY FIND OUT WHAT IS THE MOST COMMON PAID TO DIFFERENT TYPES OF CONSTRUCTION JOBS SO THEY DON'T GO BY THE MEDIAN OR THE MEAN THEY GO BY THE MODE SO LIKE FOR INSTANCE AN ELECTRICIAN OR SAY KNOW YOU WOULD JUST GO SEE WHAT'S THE MOST COMMON WAGE PAID IN HENNEPIN COUNTY THAT THEN BECOMES FOR PREVAILING WAGE PROJECTS THE MINIMUM WAGE YOU HAVE TO PAY WHATEVER IS THAT MOST COMMON WAGE THAT'S WHAT YOU HAVE TO PAY. THERE ARE OTHER THINGS TOO YOU HAVE TO AT THE JOB SITE YOU HAVE TO HAVE A LIST OF ALL THE WHAT WHAT PEOPLE ARE SUPPOSED TO BE PAID SO COULD LOOK UP AND SAY OH I DO THIS JOB I SHOULD GET THIS HOURLY PAY AND THAT WOULD HAVE TO BE POSTED. AND THEN THE OTHER PART IS YOU HAVE TO SUBMIT YOUR CERTIFIED PAYROLL EVERY TWO WEEKS TO COMPLIANCE TO SAY WE PAID THESE PEOPLE THIS MUCH MONEY AND WE'RE CERTIFYING THAT THEY GOT THEIR MONEY. BUT I'LL GO AHEAD HERE. I JUST WANT TO GIVE THAT KIND OF BACKGROUND SO YOU KNOW WHAT IS IT THAT WHERE UH DISCUSSING SO WHEN IT COMES TO PREVAILING WAGE THE ORDINANCE IS IN THE AGENDA PACKET AND UH THE REASON A LOT OF UH MORE AND MORE CITIES ARE USING THIS LIKE THERE'S PREVAILING WAGE AND IN SAINT PAUL AND MINNEAPOLIS AND DULUTH IS THEY BOUT SEVEN CITIES THAT HAVE IT UH WEST SAINT PAUL I DON'T REMEMBER ALL THE OTHERS OR RICHFIELD BUT IT'S BECAUSE THERE'S A FEW REASONS. ONE UH TO MAKE SURE WORKERS ARE GETTING PAID WHAT THEY'RE SUPPOSED TO BUT ALSO LIKE WHAT WE HEARD THE CITY COUNCIL MEETING TO LEVEL THE PLAYING FIELD FOR BUSINESSES MANY MINNESOTA BUSINESSES THAT THEY'RE NOT ABLE TO COMPETE AGAINST OUT OF STATE CONTRACTORS WHO MANY TIMES ARE TRANSPORT TRAFFICKING EMPLOYEES FROM PLACE TO PLACE NOT NOT FOLLOWING LABOR OR THEY'RE MISCLASSIFYING THEIR WORKERS AS 1099 CONTRACTORS INSTEAD OF W-2 EMPLOYEES AND NOT PAYING FOR WORKER'S COMP AND PAYROLL TAXES AND OTHER ISSUES. SO PREVAILING WAGE UH, FROM THE RESEARCH WE'VE DONE SEEMS TO BE THE GOLD STANDARD TRYING TO PREVENT THIS PREVENTION SEEMS TO BE THE IDEAL MODE TO DEAL WITH THESE PROBLEMS INSTEAD OF TRYING TO DEAL WITH THEM AFTER THE FACT WE PRESENTED OR THE RESEARCHERS WHO CAME TO COUNCIL PREVENTED SOME PEER REVIEWED STUDIES TALKING ABOUT ITS EFFECT ON COST UH BECAUSE PEOPLE'S NATURAL INCLINATION BE THAT WELL IF YOU'RE PAYING THIS WAGE THEN THAT'S GOING MAKE COSTS GO UP. RESEARCH HAS NOT BORNE OUT BUT THERE IS DIFFERENCES OF OPINION. BUT IT SEEMS THAT SOME OF THE THINGS THAT YOU MENTIONED ON THE SLIDE THAT BALANCE IT OUT IS THAT UH YOU KNOW, USUALLY YOU'LL HAVE FEWER INJURIES WHEN YOU'RE WHEN YOU'RE HAVE THINGS IN ORDER SO THAT BRINGS DOWN THEY ALSO CAN USE APPRENTICE APPRENTICES WHO CAN BE PAID LESS WHEN YOU'RE DOING PREVAILING WAGE THAT ALSO BRINGS COSTS DOWN. BUT YEAH I GUESS JUST EFFICIENCY SO BUT THERE ARE DIFFERENCES OF OPINION ON WHAT ITS EFFECT IS ON THE TOTAL COST OF PROJECTS. CAN WE GO TO THE NEXT SLIDE? SO CURRENTLY YOU KNOW A LOT OF PROJECTS ARE ALREADY REQUIRE PREVAILING WAGE LIKE THE ARE MANY PROJECTS DONE BY ENGINEERING THOSE ALREADY REQUIRE IT UM IT IT JUST DEPENDS THERE ARE CERTAIN PROGRAMS FROM THE FEDERAL AND STATE GOVERNMENT THAT TRIGGER PREVAILING WAGE THIS ORDINANCE WOULD HAVE IT TRIGGERED THOUGH ANY PROJECTS THAT RECEIVE CITY FUNDING AND OVER THERE THE TOTAL PROJECT IS $175,000 OR MORE BUT THIS JUST GIVES EXAMPLES ON THE HAVE IT THE NEXT SLIDE PLEASE OKAY SO UH A FEW THINGS TO MENTION HERE UH ONE THIS APPLIES ONLY TO CONSTRUCTION PROJECTS AND THE ORDINANCE DEFINES THAT UH WHAT CONSTRUCTION PROJECTS ARE AND ALSO IT THERE MUST BE CITY FUNDS JUST AN EXAMPLE IF WE'RE GIVING SOME TYPE OF UH I GUESS IF YOU'RE I DON'T KNOW IF YOU'RE FAMILIAR WITH THE OPPORTUNITY HOUSING ORDINANCE SOMETHING LIKE THAT WOULD NOT IT BECAUSE IF YOU'RE SAYING WELL WE'RE HERE THAT YOU CAN HAVE LESS STORAGE OR SOMETHING LIKE THIS THAT'S NOT GOING TO BUT IF THERE'S ANYTHING WHERE TIFF UH SOME HOUSING SUBSIDY ANY OF THESE KIND OF THINGS WHERE THE YOU KNOW, LOAN GUARANTEES OR DISCOUNTS ON LOANS OR THERE'S A FINANCIAL SIDE THAT WOULD TRIGGER PREVAILING WAGE OTHER LET'S SEE HERE IS LISTED HERE UH MONITORING AND COMPLIANCE SO IF THIS WAS TO GO INTO EFFECT THE CITY ATTORNEY'S OFFICE WOULD HANDLE COMPLIANCE FOR IT AND UM MENTIONED HERE WHAT WOULD BE PENALTIES FOR NONCOMPLIANCE IN GENERAL WHAT WE'RE SEEING IN OTHER JURISTIC LIKE OUR ORDINANCE IS BASED A LOT ON THE SAMPLE ORDINANCE BECAUSE THEY SEEM TO INCORPORATE BEST PRACTICES FOR PREVAILING WAGE WHEN IT COMES TO NONCOMPLIANCE. THINGS THAT COULD HAPPEN IS WITHHOLDING SOME OF THE CONTRACT COSTS SOME FINES UNTIL WORKERS HAVE RECEIVED THE WAGES THAT THEY'RE OWED. SO THESE ARE THE THINGS THAT WOULD BE LOOKED AT. AND NEXT SLIDE PLEASE. WE TALKED ABOUT CITY FUNDED. IT'S CLEAR CITY OF BLOOMINGTON HRA PORT AUTHORITY AND THEN HERE WHAT I TALKED EARLIER ABOUT THE CITY FUNDS UM THIS IS THE LIST SO YOU'D HAVE AN IDEA OF WHAT WOULD TRIGGER PREVAILING WAGE. NEXT SLIDE PLEASE. SO I TALKED ABOUT IT EARLIER WE WERE GOING OVER LIKE WHAT IT IS THIS IS JUST YOU KNOW, PUTS IT DOWN IN WRITING BUT YEAH IT'S THERE ARE TWO PARTS TO IT LIKE THE THERE'S A CASH PART AND THEN THE BENEFITS PART BUT ALL THE WAGES ARE SAID BY THE MINNESOTA DEPARTMENT LABOR IT WOULD NOT BE SOMETHING SET BY BLOOMINGTON. WE'RE NOT GOING TO SURVEY EACH YEAR THE DEPARTMENT OF LABOR DOES IT SURVEYS AND THEY THEY POST ON THEIR WEBSITE DIFFERENT CONSTRUCTION JOBS WHAT RATE THEY NEED TO BE PAID DEPENDING ON THE COUNTY THAT YOU'RE IN . NEXT SLIDE PLEASE. SO JUNE 17TH IS A PUBLIC HEARING IN FRONT OF THE CITY COUNCIL WHERE THEY WILL VOTE ON THIS ORDINANCE AT LEAST FOR ME THE I THINK THE IMPORTANT PART IS JUST TO HEAR ANY QUESTIONS AND I'M AVAILABLE. ALL RIGHT. THANK YOU FOR THAT. AND WE HAVE ONE QUESTION. THIS IS MAYBE A MISPERCEPTION ON MY PART, BUT I WAS UNDER THE IMPRESSION THAT PREVAILING WAGE WAS ALREADY REQUIRED FOR CITY PROJECTS THAT THE CITY DOES. IS THAT NOT CORRECT? NO, WE DON'T RIGHT NOW. OKAY. OKAY. QUESTIONS IS THIS IS A STUDY ITEM. SO COMMISSIONER ALBRECHT THANK YOU CHAIR AND APOLOGIES IF I'M TOTALLY OFF BASE BUT I REMEMBER SEEING SOMETHING AT THIS YEAR'S LEGISLATIVE SESSION ABOUT WORKER MISCLASSIFIED GATION AND AN ORDINANCE THAT CHANGED AND I BELIEVE PASSED. HOW DOES THAT AFFECT THIS AND HOW DO THOSE EITHER PIGGYBACK OFF OF EACH OTHER TOGETHER WITH EACH OTHER OR ARE THEY IS ONE MAKING THE OTHER OBSOLETE? WELL I DON'T KNOW WHAT WAS IN THE FINAL WORDING OF IT. I KNOW UM YESTERDAY I WAS ON THE COMMITTEE FOR THIS WITH THE ATTORNEY GENERAL AND IT INTO THE STATE THEY WERE LOOKING AT CHANGING RULES TO HOW YOU DECIDE IF SOMNE IS 1099 OR A W-2 BUT WHAT WHAT CAME IN THE FINAL LEGISLATION JUST BECAUSE EVERYTHING WAS PUT TOGETHER LIKE JUST A COUPLE DAYS AGO I DON'T KNOW WHAT THE FINAL WORDING IS. SO IT IS SOMETHING I COULD LOOK INTO AND THEN WE GET BACK TO YOU BUT I DON'T KNOW WHAT WAS THE FINAL WORDING THAT WAS PUT IN BUT THAT THAT WAS THE CONCERN THOUGH THAT P WORKERS ARE LISTED AS 1099 CONTRACTORS WHEN THEY'RE REALLY W-2 EMPLOYEES AND THEN IT CAUSES A LOT OF PROBLEMS ALSO FOR THE STATE THEY LOSE OF DOLLARS FROM WORKER'S COMP AND OTHER PROBLEMS BUT I JUST DON'T KNOW WHAT THEY FINALLY DECIDED. I GUESS MY BUT IT WOULDN'T IN OUR IN OUR SITUATION WOULD IT CHANGE OUR PREVAILING WAGE . NO. THERE ARE SOME BILLS THAT WERE PUT IN FROM THE LEGISLATURE TO EXPAND THE USE OF PREVAILING WAGE FOR INSTANCE TO HAVE IT USED FOR LOGITECH PILLOW HOUSING. I DON'T KNOW IF THAT MADE IT TO THE FINAL OMNIBUS OR NOT. I DON'T THINK DID THE I MY QUESTION WOULD BE IF THE NEW LAW AT THE STATE LEVEL IS ADDRESSING SOME OF THAT WORKER MISCLASSIFICATION, WHERE DOES THAT FIT WITHIN WHAT BLOOMINGTON IS DOING IS THIS OF OBSOLETE? IS THIS. NO. WHAT WOULD HAPPEN IS LIKE RIGHT NOW REGARDLESS OF WHAT THE STATE DOES? WELL, I KNOW I WAS TOLD THAT THE TIFF WAS NOT PASSING IN THE STATE SO WHAT OUR AUDIENCE DOES IT DOES TWO THINGS. ONE, THERE ARE PROJECTS THAT DON'T CURRENTLY TRIGGER PREVAILING WAGE AND THEY WOULD NOW TRIGGER PREVAILING WAGE AND IT WOULDN'T MATTER WHAT THE STATE DID THEY WERE STILL TRIGGERED EXAM. IF WE'RE TALKING ABOUT LIKE THE HEALTH AND WELLNESS CENTER BIG THESE THINGS WOULD NOW TRIGGER PREVAILING WAGE BECAUSE IT'S A CITY FUNDED PROJECT AND ITS VALUE IS OVER 175,000. OTHER THINGS BE THE PROJECT THAT ALREADY WOULD HAVE TRIGGERED PREVAILING WAGE LIKE THE PENNDOT OR OTHERS. IT WOULD BE ALSO US BEING ABLE TO LOCAL ENFORCEMENT OF THOSE BUT YEAH SO THERE'LL BE SOME PROJECTS ARE ALREADY TRIGGER PREVAILING WAGE AND THEN WITH THIS ORDINANCE THERE'LL BE ADDITIONAL PROJECTS THAT USED TO NOT TRIGGER PREVAILING WAGE AND NOW THEY COMMISSIONER. THANK YOU CHAIR. CAN YOU TALK A LITTLE BIT ABOUT WHAT APPRENTICESHIP CLASSIFICATION IS, HOW THAT'S DEFINED AT A CITY AND STATE LEVEL AND THEN MAYBE A FOLLOW UP QUESTION WOULD BE IS WHAT'S STOPPING EMPLOYERS FROM JUST HAVING 90% OF THEIR EMPLOYMENT BE APPRENTICE APPRENTICES VERSUS STANDARD EMPLOYEES? NO, THAT'S A GREAT QUESTION OR COMMISSIONER. SO THE APPRENTICESHIP ONE THE GOAL OF IT TO BRING MORE PEOPLE INTO THE TRADES AND THAT'S ONE GOOD THING WITH PREVAILING IS IT'S IT'S BEEN SHOWN TO BRING A LOT OF NEW PEOPLE INTO IT BECAUSE YOU DON'T HAVE TO PAY FOR YOUR TRAINING. YOU JUST YOU JOIN AND YOU'RE GETTING YOU'RE GETTING PAID AS YOU'RE TRAINING AND WORKING SO UNDER THE LAW FOR FOUR REGULAR EMPLOYEES YOU HAVE YOU CAN HAVE ONE APPRENTICE SO FOR THE COMPANY THEY GET TO PAY THE APPRENTICE LESS WHICH BRINGS DOWN THEIR COSTS AND THEN FOR THE APPRENTICE THEY'RE NOT PAYING FOR ANY OF THEIR TRAINING AND. WHAT'S NORMALLY DONE IS THE TRAINING IS PAID. IT'S SPLIT BETWEEN LIKE ONE WELL IN GENERAL PAID BY THE CONTRACTORS A LOT CONTRACTORS BAND TOGETHER AND THEY HAVE TRAINING CENTERS THROUGHOUT MINNESOTA FOR DIFFERENT THINGS LIKE THE ELECTRICAL WORKERS OR IN SAINT PAUL LIUNA THE LINO LAKES THERE'S JUST DIFFERENT ONES THE CONTRACTORS PAY FOR. SO A LOT OF THAT THEN THESE APPRENTICES THEIR TRAINING THERE WHILE THEY'RE ALSO WORKING BUT YEAH THE RATIO IS 4 TO 1. THANK YOU COMMISSIONER CORY THE CHAIR SO I GUESS DO WE KNOW WHAT PERCENT OF PROJECTS HAVE ISSUES TODAY IN THE CITY ? WELL IF THEY HAD HAD ISSUES THAT WOULD BE THAT WOULD BECOME A LEGAL ISSUE SO I DON'T UH I CAN'T SAY RIGHT NOW I CAN SAY THAT UM THERE ARE WORKERS RIGHTS GROUPS WHO HAVE SAID THAT BLOOMINGTON HAS PROBLEMS AND THEY WOULD BE HAPPY TO BRING THOSE UP AT AT WHATEVER TIME IS APPROPRIATE. BUT WE DO WE SEEN THIS PROBLEM IN NEIGHBORING CITIES I DON'T KNOW IF YOU'VE SEEN IT WAS IN THE NEWS ABOUT VIKING LEAKS PROJECT AS UH THE STATE IS TRYING TO GET TWO AND A HALF MILLION DOLLARS IN BACK WAGES FROM THEM BECAUSE OF PROBLEMS WITH CONSTRUCTION. SO THERE ARE THROUGHOUT AND WE ALSO IF YOU LOOK IN THE DOCUMENTS THAT WERE PRESENTED AT THE CITY COUNCIL MEETING IF THOSE WERE FORWARDED TO YOU I CAN HAVE THEM FORWARDED TO YOU AFTER THIS MEETING WHERE YOU CAN JUST SEE THE DIFFERENT HANDOUTS THAT THE PRESENTERS USED AT THE APRIL 29TH MEETING TO DISCUSS THE PROBLEMS MINNESOTA. SO IF IT'S AND THERE'S IT'S I'M I GUESS I'M A LITTLE CONFUSED SO IT SOUNDS LIKE SOME PEOPLE ARE CONCERNED ABOUT WHAT THAT WOULD DO TO THE COST OF A PROJECT BUT IT IS APPARENTLY ILLEGAL TO NOT DO IT THE CORRECT WAY. SO THAT SEEMS LIKE A MISALIGNMENT. YEAH. SO RIGHT NOW YOU HAVE BUSINESSES THAT ARE BREAKING THE LAW AND ALLOWING THEM TO BID LOWER FOR PROJECTS BECAUSE THEY'RE NOT PAYING LIKE WORKERS COMP AND PAYROLL TAXES AND THIS WOULD BE THE GOAL OF PREVAILING WAGE IS TO PREVENT THAT BY DISSUADING THOSE TYPE OF CONTRACTS FROM BIDDING FOR PROJECTS OR GETTING THEM TO ACTUALLY FOLLOW THE LAW. OKAY. AND ARE THERE DO WE KNOW WHAT CITIES CURRENTLY HAVE A SIMILAR ORDINANCE IN PLACE? YEAH WELL LIKE I SAID THERE WAS A LIST THERE. I DON'T REMEMBER THEM ALL BUT I KNOW THAT RICHFIELD SANTA PAUL UH MINNEAPOLIS COONROD RAPIDS DULUTH WEST SAMPLE AND THERE MIGHT BE SOME OTHERS I CAN'T REMEMBER THEM RIGHT NOW BUT THE ONE WE'RE LOOKING TO FOLLOW JUST HAVING TALKED TO OTHERS THEY'VE BEEN DOING IT FOR LIKE 20 YEARS AND UH PFA HAS A VERY GOOD SYSTEM IS SAINT PAUL AND DO YOU KNOW WHAT THE RESULT WAS? WHAT HAVE WE SEEN WHAT THE RESULTS WERE OF THIS ORDINANCE BEING PUT INTO PLACE IN OTHER CITIES? UM WELL THE UH I DON'T KNOW HOW YOU YOU QUANTIFY I DON'T KNOW YEAH ON. THAT SIDE I DON'T KNOW HOW WE WOULD HOW WE LOOK TO QUANTIFY IT THAT THE GOAL IS THE NUMBER ONE GOAL PEOPLE DO A PROGRAM LIKE AN ORDINANCE LIKE THIS IS TO PREVENT THE THESE VIOLATIONS FROM HAPPENING. OKAY. BUT I DON'T HAVE I CAN I CAN TRY TO ASK IN TO SEE IF THEY HAVE DONE STUDIES ON IT TO SEE WHAT CHANGES HAPPENED. BUT I DON'T HAVE THAT INFORMATION RIGHT NOW. OKAY. THANK YOU. COMMISSIONER COOKTOWN, THANK MR. CHAIR. MR. MALIK EVERYTHING WE'VE HEARD ABOUT THIS ITEM BOTH YOU KNOW FROM THE SPEAKERS THAT SPOKE AT COUNCIL FROM YOUR PRESENTATION FROM THE STAFF REPORT WAS STRONGLY IN FAVOR OF PREVAILING WAGE IN THE SAKE OF CRITICAL THINKING WHAT'S THE ARGUMENT AGAINST PREVAILING WAGE ORDINANCE? WELL, I THINK IT DEPENDS ALSO ON ON HOW SOMETHING IS IMPLEMENTED. I COULD SEE HOW UH IF YOU'RE NOT TO GIVE PROPER ASSISTANCE THEN YOU'RE GOING TO MAKE IT MORE DIFFICULT ON THE OTHER STAKEHOLDERS. FOR INSTANCE, YOU KNOW WE'RE PROPOSING USING THERE'S A SOFTWARE THAT THE STATE USES AND MINNEAPOLIS IN THE SAMPLE USES AND THEY GIVE LIKE UNLIMITED ASSISTANCE TO THESE CONTRACTORS AND SUBCONTRACTORS WOULD HAVE TO ENTER THE PAYROLL ALL THE PAYROLL THAT INFORMATION AND UM I GUESS IF SOMEONE DECIDED NOT TO THAT I COULD IMAGINE THAT WOULD MAKE THINGS MORE DIFFICULT LIKE FOR INSTANCE ONE OF THE UH SUBCONTRACTORS SPOKE AT THE CITY COUNCIL MEETING WHO WORKS IN HER BUSINESSES IN BLOOMINGTON. SHE TALKED ABOUT USING IT AND HOW EASY IT IS FOR HER TO USE IT. BUT I COULD IMAGINE THAT YES, IF YOU'RE NOT TO PROVIDE THAT TYPE OF ASSISTANCE, IF YOU ARE ADDING COSTS WHERE THEY WOULD HAVE TO LIKE PAY FOR THE ASSISTANCE OR AT LEAST WHAT WE'RE LOOKING FROM OUR SIDE AND THIS IS A COST PART TO IT IS YOU KNOW WE WOULD BE FOR THE SOFTWARE NO CONTRACTORS THE SUBCONTRACTORSAVE ANY COSTS THERE AND THAT SOFTWARE PROVIDES UNLIMITED TECHNICAL ASSISTANCE PLUS BASED ON WHAT OTHER CITIES DO IF THERE WERE LEGAL QUESTIONS THEY WOULD ALSO BE ABLE TO GO THROUGH THE CITY ATTORNEY'S OFFICE TO HAVE BUT I DO THINK FOR THE THINGS THAT UH UM PROVIDING CUSTOMER SERVICE IS IMPORTANT AND I THINK THAT'S SOMETHING THAT CITY STAFF NEEDS TO HAVE A CLEAR UNDERSTAND OF THAT THERE ARE GOING TO BE QUESTIONS AND WE NEED TO PROVIDE GOOD SERVICE. WE HAVE A SENSE FOR WHAT THESE ADMINISTRATIVE COSTS BE SO WHEN IT COMES THAT WE'RE NOT LOOKING TO THAT IT WOULD BE NEEDED TO HIRE ANY STAFF IT LOOKS LIKE IT CAN BE ABSORBED INTO THE COMPLIANCE DIVISION. UM THE SOFTWARE THAT WE THINK WOULD BE IDEAL IS LOOKING TO BE THINK THERE'S ABOUT 18 TO 20000 THE FIRST YEAR BECAUSE YOU HAVE SET UP COSTS AND THEN LIKE 12 TO 16000 PER YEAR AFTER THAT. SO THERE WOULD BE ONGOING SOFTWARE COSTS. IT'S NOT YOU JUST BUY ONE AND YOU'RE DONE. THANK YOU, MR. CHAIR. IF I MAY, I AS YOU COME BACK BEFORE COUNCIL ON JUNE 17TH, IT'S BEEN MY RECOMMENDATION THAT WE'RE A LITTLE MORE TRANSPARENT ABOUT WHAT YOU JUST TALKED ABOUT. THERE ARE COSTS AND SOME OTHER NEGATIVES OR NEGATIVE BUT COUNTER POINTS AS TO WHY TO DO THIS FOR ME WHEN I SEE A PRESENTATION THAT'S KIND OF ONLY ONE SIDE OF THE ARGUMENT IT THROWS UP SOME NATIONAL RED FLAGS OF AM I MISSING SOMETHING OR SOMETHING LIKE THAT? AND I THINK I HAVE A PROBLEM WITH WHAT YOU JUST DISCUSSED BUT IT'S GOOD INFORMATION FOR THE PUBLIC AND MAYBE CREATES A LITTLE MORE TRUST WHEN WE ARE SHOWING BOTH SIDES OF THE ARGUMENT. SO IT WOULD BE MY ENCOURAGEMENT TO MAYBE BE A LITTLE MORE CLEAR THAT THAT IT'S ONLY PRESENTED NO. THANK YOU. I APPRECIATE IT. COMMISSIONER ALBERT THANK YOU. CHAIR, I HAVE A QUESTION ABOUT THE IT'S $175,000 THRESHOLD. HOW DID THAT NUMBER COME ABOUT? OKAY. SO $175,000 IS THE LIMIT FOR WHEN A PROJECT THEN HAVE TO GO IN FRONT OF THE CITY COUNCIL. SO ANYTHING MORE THAN 175 IT HAS TO GO IN FRONT OF THE CITY COUNCIL UNDER 175 THE CITY MANAGER CAN SIGN ON IT SO THAT SEEMED LIKE A GOOD MIDDLE FOR FOR FOR SOMETHING LIKE THIS BUT YEAH IT CITY COUNCIL COULD CHOOSE A DIFFERENT IF THEY WANTED BUT WE THOUGHT THAT SEEMED LIKE JUST THE WAY BLOOMINGTON DOES BUSINESS THAT SEEMED LIKE A GOOD NUMBER AND REMIND ME MR. PLANNING MANAGER IF THAT NUMBER IS IS THAT NUMBER IN OUR NEXT ITEM OR OR THIRD ITEM FOR WHERE WE'RE TALKING ABOUT STREAMLINING APPROVALS THAT'S NOT LOOKING TO CHANGE IT IS NOT OKAY COMMISSIONER GOLTZMAN IN FUTURE ONE QUESTION THAT I HAVE IS SO FAR WE'VE TALKED A LOT ABOUT THE CITY AND THE WITH THIS PREVAILING WAGE IS THERE ANY RESOURCES AVAILABLE TO THE EMPLOYEE OR THE 1099 OR WHATEVER WE WANT TO CLASSIFY THEM AS FOR THEM TO RAISE THEIR HAND AND SAY I FEEL LIKE I'VE BEEN IN A SITUATION THAT I DON'T I'M NOT COMPLIANT AS AN EMPLOYEE TO. RIGHT. SO WHAT WOULD HAPPEN IF YOU JUST WANT TO GO OVER A LITTLE BIT HOW ENFORCEMENT WOULD LOOK LIKE SO OUR PROJECT IS UH IT'S A PREVAILING WAGE PROJECT SOMEWHAT SO FOR CITY PROJECTS, YOU KNOW THEY'RE A PROJECT MANAGERS SO EACH MONTH PROJECT MANAGER SOMEBODY FROM THE CITY ATTORNEY'S OFFICE WOULD GO OUT AND INTERVIEW WORKERS AT A JOB SITE. SO WE WOULD HAVE HAD FOR INSTANCE WE WERE TOLD THERE'S GOING TO BE 50 EMPLOYEES WHO ARE THERE. WE GO THERE AND WE SEE 100 PEOPLE WORKING. THEN WE WOULD REALIZE THAT SOMETHING'S WRONG. SOME OF THE PEOPLE MUST BE OFF THE BOOKS SOMETHING'S THERE. WE INTERVIEW EMPLOYEES, SEE IF THERE ARE PROBLEMS ALSO WHEN THEY ENTER THE INFORMATION INTO ALSIP OR IF WE USE THAT THE SOFTWARE LCP TRACKER IT WOULD ALSO IDENTIFY IF ANY PEOPLE HAD BEEN PAID THE INCORRECT WAGE BUT YEAH INTERVIEWS ARE A PART OF IT SO YOU GO THROUGH DIFFERENT THERE ARE DIFFERENT PHASES OF CONSTRUCTION SO WE WOULD SHOW UP DURING THE DIFFERENT PHASES OF CONSTRUCTION TO INTERVIEW THE EMPLOYEES AND SO THAT'S WHY I'VE DONE A LOT OF EMPLOYEE INTERVIEWS BUT NOT IN THE CONSTRUCTION REALM. SO THAT'S WHY IT WOULD BE YOU KNOW, ME OR A PARALEGAL ALONG WITH SOMEBODY FROM LIKE ENGINEERING OR UTILITIES WOULD GO WITH US WHO HAS THE TECHNICAL KNOWLEDGE TOO AND THEN WE WOULD BE INTERVIEWING THEM IF ANYBODY HAD IF WE FOUND ANY VIOLATIONS THERE WE WOULD START INVESTIGATIONS BUT OF COURSE YOU KNOW WITH THE WAGES AND EVERYTHING LISTED SO THEY WOULD THE WORKERS WOULD KNOW IT'S A PREVAILING WAGE PROJECT THEY COULD JUST SUBMIT A COMPLAINT DIRECTLY TO THE CITY ATTORNEY'S OFFICE THIS IS A GOOD CONVERSATION. I, I WILL BE HONEST I AM SHOCKED AS CITY WE HAVE NOT DONE THIS ON CITY HOLY CITY FUNDED PROJECTS ALREADY AND I KNOW MANY PLACES THAT ARE SMALLER AND LESS FORWARD THINKING THAN WE ARE THAT HAVE BEEN DOING THAT SO AT LEAST ARE THE CITY PROJECTS LIKE A WHOLLY FUNDED CITY BUT LIKE THIS BUILDING I WOULD HAVE I'M JUST SHOCKED THAT THAT WASN'T ALREADY THE CASE. SO AND I THINK THE THE THINGS YOU'VE TALKED ABOUT THE THRESHOLD MAKES SENSE. I IT IS REALLY ABOUT YOU KNOW WILL THAT HAVE AN IMPACT ON PROJECT COST PROBABLY BUT THAT THAT COST IS LIKELY COMING FROM PEOPLE WHO HAVE BEEN EXPLOITED AND MORE OFTEN THAN NOT THOSE ARE PEOPLE WHO ARE PROBABLY NEW TO OUR AND MAY NOT HAVE THE PAPERWORK TO BE DOING JOBS AND THE EMPLOYERS KNOW THAT. AND THEN WE HAD AN WE HAD A SITUATION NEAR MY PLACE OF WORK LAST YEAR WHERE IT WAS VERY CLEAR THAT WHAT WAS HAPPENING AT THE PROJECT AND IT WAS A BECAME THING NOT FOR MY PLACE OF EMPLOYMENT BUT FOR THE PEOPLE WHO WERE LOOKING TO MOVE INTO THAT HOUSING DEVELOPMENT. AND SO IT'S HAPPENS IT HAPPENS A LOT AND SO I THINK FROM MY OPINION I THIS BECAUSE I DON'T THINK ANYTIME OUR TAX DOLLARS ARE AT WORK WE SHOULD BE SUPPORTING ANYTHING THAT'S REGARDLESS OF YOUR SITUATION ABOUT HOW YOU'RE HERE ANYTHING THAT'S EXPLOITING AN EMPLOYEE FOR FINANCIAL GAIN OF A BUSINESS IS NOT SOMETHING I WOULD WANT US SUPPORTING WITH THE CITY DOLLARS AND SO I THINK THIS IS PRETTY STRAIGHTFORWARD. IT'S NOT IT'S NOT OWNER IT'S NOT BIG HEAVY YOU KNOW HARD TO UNDERSTAND AND SO I THINK THIS IS GOOD WORK COMMISSIONER CORY BEECHER YEAH I MEAN I AGREE BUT ALSO AGREE WITH COMMISSIONER COOKED IN THE PRESENTATION IT SEEMS VERY I DON'T KNOW I GUESS ONE SIDED BECAUSE I GUESS I'M STILL KIND OF CONFUSED HOW THIS EVEN HAPPENS HOW IF A CONTRACTOR GETS UP AND TALKS ABOUT SOME A PROJECT GETTING TOO EXPENSIVE ARE THEY BASICALLY ADMITTING THAT BREAKING THE LAW LIKE I DON'T UNDERSTAND HOW THAT ARGUMENT WORKS SO I DON'T KNOW IT SEEMS LIKE I'M MISSING SOMETHING BUT IT SEEMS PRETTY STRAIGHTFORWARD THAT WE SHOULD HAVE SOMETHING LIKE THIS TO PROTECT PEOPLE SO SHARON MEMBERS THIS IS A MELISSA MANAGER AT THE CITY ATTORNEY WELL IF YOU CAN HEAR ME OKAY THANK YOU TO AMIR FOR PRESENTING TONIGHT. I HAVE A QUADRUPLE BOOKING I THINK TONIGHT SO I'M TRYING TO BE IN A BUNCH OF PLACES AT THE SAME TIME. I WANTED TO MENTION A COUPLE OF OTHER THINGS THAT I WANTED TO MAKE SURE THAT YOU ALL WERE AWARE OF . ONE IS THE LET'S TALK BLOOMINGTON. I APPRECIATE THE FEEDBACK ON THE ON THE PRESENTATION AND WE DID COVER SOME OF THAT IN PREVIOUS PRESENTATIONS. WHAT WE HAVE BEEN TOLD IS THE MATERIALS COST WHAT MATERIALS COST LABOR GENERALLY COSTS WHAT IT COSTS. AND SO WHEN CITIES ARE BIDS AND ONE OF THEM OR TWO OF THEM ARE DRAMATICALLY AT A DIFFERENT COST THAT'S A RED FLAG BECAUSE THERE AREN'T TOO MANY WAYS TO SAVE A TON OF MONEY. SO WE WANT TO BE CONSCIENTIOUS ABOUT THAT AND THIS BE AN ADDITIONAL TOOL TO BE MINDFUL OF PROJECTS THAT ARE USING PUBLIC FUNDS AND THAT WE CAN HOPEFULLY ENSURE THAT THE LAW IS BEING FOLLOWED AND WORKERS ARE BEING PROVIDED WITH NOT ONLY SAFE WORKING CONDITIONS BUT ALSO REASONABLE WORKER PROTECTIONS AS WELL. THE OTHER THING IS THAT THE LET'S TALK BLOOMINGTON WEBSITE WAS LAUNCHED LAST WEEK AND IT IS A PORTAL THAT'S AVAILABLE TO THE PUBLIC. WE USE ALL THE VARIOUS MODES OF RECEIVING FEEDBACK. THIS WILL BE AN ORDINANCE, IT'S SCHEDULED TO BE AN ORDINANCE AND IN JUNE JUNE 17TH AT THE CITY COUNCIL AND SO IT WILL BE YOU KNOW, THE TYPICAL FORMAT THAT WAY. BUT WE ALSO CREATED THIS LET'S TALK BLOOMINGTON AS RESIDENT ADDITIONAL WAY FOR PEOPLE TO PARTICIPATE IN A MORE INFORMAL SETTING THAT DOESN'T REQUIRE THEM TO TESTIFY LIVE AT A PUBLIC HEARING. SO ONE OF THE THOUGHTS IS THAT IF FOLKS CAN GET THAT INFORMATION OUT THERE AND ENCOURAGE PEOPLE TO SUBMIT FEEDBACK AND COMMENTS THAT THAT WILL BE AN ADDITIONAL WAY FOR PEOPLE TO PARTICIPATE AND EXPRESS THEIR THEIR THOUGHTS OR THEIR CONCERNS ABOUT AN ORDINANCE LIKE THIS. I WILL SAY, YOU KNOW, AS YOU MENTIONED, THERE ARE A WIDE VARIETY OF COMMUNITIES IN THE STATE OF MINNESOTA THAT ALREADY USING THIS IN ADDITION TO THE FEDERAL GOVERNMENT AND THE STATE AND, THE TWO THAT AMIR COULD THINK OF ARE DULUTH AND ROCHESTER WHICH ARE VERY SIMILARLY SIZED CITIES TO THE CITY OF BLOOMINGTON. SO THANK YOU FOR LETTING ME JUMP IN AND THANK YOU AMIR FOR COVERING FOR ME TONIGHT. SO THIS IS A STUDY ITEM SO IT'S NOT ANYTHING THAT WE VOTE BUT I THINK IT WOULD BE HELPFUL FOR THE STAFF TO HAVE A SENSE OF I THINK THIS WE'VE GIVEN FEEDBACK IN GENERAL WE THINK THIS IS ON TRACK OR MORE WORK NEEDED JUST KIND OF A GENERAL SENSE OF THE COMMISSION. COMMISSIONER CURRIE SORRY. SURE. WELL ONE MORE QUICK THOUGHT IN TERMS OF THE PRESENTATION I THINK THE WORK OR WHAT WOULD BE HELPFUL TO SEE IS MORE OF AN UNDERSTANDING OF HOW THE SYSTEM WORKS TODAY LIKE READING IT IN A PARAGRAPH IS DIFFICULT TO UNDERSTAND. SO A PRESENTATION ON LIKE HERE'S MAYBE SOME DIFFERENT CLASSIFICATIONS OR HERE'S HOW PEOPLE ARE PAID AND PEOPLE ARE MAYBE MIS CLASSIFIED THE THE UNDERSTANDING OF HOW THE WHOLE THING WORKS AND WHY THIS IS NEEDED WOULD KNOW WOULD BE BETTER WOULD BE HELPFUL THINK FOR PEOPLE TO UNDERSTAND SO THANK YOU FOR HAVING ME. THAT'S GREAT. SO GENERALLY WE'RE FEELING GENERALLY THE RIGHT TRACK WITH THIS THAT YOU NEEDED FROM US. I'M HERE TO GIVE A YOU KNOW GIVE THE INFORMATION AND TAKE ANY QUESTIONS AND INCORPORATE THAT INTO OUR WORK. ALL RIGHT. WELL, I THINK THAT'S WHAT WE HAVE FOR YOU THEN. OKAY. THANK YOU SO THANK YOU. OUR NEXT ITEM ON THE AGENDA IS CANNABIS BUSINESS STANDARDS WITH PLANNER HESS SPEC. HELLO, I'M. LET ME SHARE MY SCREEN REALLY QUICK . OKAY SO I'M HERE TO TALK ABOUT CANNABIS AND MACRO FROM THE CITY CLERK'S OFFICE IS HERE AS WELL TO ANSWER QUESTIONS ABOUT LICENSING AS THEY COME UP. SO AS YOU MAY KNOW RECREATIONAL CANNABIS USE WAS LEGALIZED AUGUST 2023 IN MINNESOTA AND SO WITH THAT THE STATE GIVES LOCAL GOVERNMENT GOVERNING AUTHORITIES THE RIGHT TO REGULATE A FEW DIFFERENT THINGS SO WE CAN REGULATE BUFFER REQUIREMENTS AND, DISTANCES NUMBER OF REGISTRATION LIMITATIONS AND GENERAL ZONING AND PERFORMANCE STANDARDS. WE CAN'T PROHIBIT CANNABIS BUSINESSES OVERALL BUT WE CAN LIMIT THE NUMBER OF REGISTRATIONS. SO HERE THE GUIDING QUESTIONS THAT I KIND OF WANT YOU ALL TO THINK ABOUT WHILE I'M GOING THROUGH THIS PRESENTATION I'LL JUST QUICKLY GO THROUGH THEM AND THEN WE'LL TOUCH ON EACH TOPIC IN THE SLIDES. BUT THE FIRST ONE IS SENSITIVE USES KIND OF THINKING ABOUT WHICH SENSITIVE USES SHOULD CANNABIS BUSINESSES HAVE A MINIMUM SEPARATION FROM GOING ALONG WITH THAT IS BUFFERS WHAT DISTANCES SHOULD THE CITY REQUIRE FOR SENSITIVE LAND USE BUFFERS AND THEN ZONING USE TYPES? STAFFORD PROPOSED THE ADDITION OF NEW CANNABIS RELATED ZONING NEW TYPES. SO DO YOU AGREE WITH THOSE ZONING DISTRICTS? DO YOU AGREE WITH THE PROPOSED LIST OF ZONING DISTRICTS WHERE VARIOUS TYPES OF CANNABIS BUSINESSES ARE PERMITTED OR CONDITIONAL OR NOT ALLOWED PERFORMANCE STANDARDS? WHAT PERFORMANCE STANDARDS DO YOU THINK SHOULD BE CONSIDERED FOR CANNABIS BUSINESSES AND THEN LICENSE LIMITS WHETHER THE CITY SHOULD LIMIT THE TOTAL THE NUMBER OF CANNABIS BUSINESSES WITHIN THE CITY THROUGH LICENSING RESTRICTIONS . SO I SENT OUT THIS MAP VIA EMAIL SO HOPEFULLY YOU ALL HAD SOME TIME TO KIND OF LOOK AT IT BUT BASICALLY THE STATE SAYS WE TREAT SCHOOLS, DAYCARES RESIDENTIAL TREATMENT FACILITIES AND ATTRACTIONS WITHIN A PUBLIC PARK THAT ARE REGULARLY USED BY MINORS AS SENSITIVE USES. SO THIS IS THIS MAP IS SHOWING ALL OF THOSE SENSITIVE USES ADDITIONALLY WITH DIFFERENT BUFFER DISTANCE IS AROUND IN THEM OR SURROUNDING THEM. THAT'S WHY THIS MAP IS KIND OF BUSY SO THE BUFFER DISTANCES THAT THE STATE ALLOWS US TO HAVE IS THOUSAND FEET FOR SCHOOLS AND THE MAXIMUM AND FOR DAYCARES RESIDENTIAL TREATMENT FACILITIES AND ATTRACTIONS WITHIN A PUBLIC PARK USE BY MINORS IS 500 FEET ON THE RIGHT YOU CAN SEE THE EXISTING BUFFERS THAT WE HAVE FOR DIFFERENT LICENSE TYPES THROUGHOUT THE CITY CURRENTLY SO STAFF IS PROPOSING USING THE SAME BUFFERS FROM SCHOOLS AS LIQUOR LICENSES REQUIRE WHICH WOULD BE 300 FEET IN ORDER TO STAY CONSISTENT WITH THOSE BUFFER REQUIREMENTS AND. WE DID WANT TO NOTE THAT IN THE FALL THE CITY CLERK HAD GONE BEFORE COUNCIL AND HAD A DISCUSSION ABOUT THIS AND COUNCIL HAD KIND OF MENTIONED THAT THEY WERE INTERESTED IN CHANGING HEMP BUFFER TO 300 FEET AS WELL TO BE CONSISTENT THIS MAP IS JUST SHOWING THE SCHOOLS IN BLOOMINGTON BECAUSE WE ARE SUGGESTING ONLY TREATING SCHOOLS AS A SENSITIVE USE AND THE CIRCLES AROUND IT ARE 300 501,000 FEET BUFFERS. I PULLED OUT A SPECIFIC EXAMPLE THERE NATIVITY OF MARY SCHOOL WHICH IS KIND OF OFF THE 98TH STREET. I JUST WANTED TO SHOW THE 300 501,000 FOOT BUFFERS AND WHAT THOSE WOULD POTENTIALLY BE EXCLUDING FOR BEFORE THERE COULD BE RETAIL AND THERE SO THAT'S KIND OF A VISUAL TO HELP AND FOR ZONING USE TYPES. I WANTED TO FIRST NOTE THAT WE ARE NOT TREATING MEDICAL AND REGULAR CANNABIS USE DIFFERENTLY. WE ARE PROPOSING TO TREAT THEM THE SAME. SO WITH NEW LICENSE TYPES THAT THE STATE IS ALLOWING WE WERE ABLE TO CATEGORIZE SOME OF THOSE INTO USES. SO THAT'S THE FOUR ON THE LEFT SIDE AND THEN WE DO WE ARE PROPOSING THREE NEW USES IN ORDER TO KIND OF ENCOMPASS ALL THE LICENSES FROM THE STATE AND THEN THE NEXT SLIDE IS GOING TO SHOW THE TABLE SO WE CAN TALK ABOUT THAT MORE IN DEPTH. SO AGAIN THE LEFT SIDE SHOWS THE EXISTING USES WHERE THINGS LIKE CANNABIS RETAIL STORES WOULD BE ALLOWED IN WHICH DISTRICTS CULTIVATION FOR INDOOR CANNABIS WHOLESALING AND THEN CANNABIS EVENTS AND THEN ON THE RIGHT ARE THE NEW USES THAT WE'RE PROPOSING. THEY'RE ALL CONDITIONAL USES CANNABIS TESTING FACILITY. WE CONSIDERED TO BE SIMILAR TO A RESEARCH LABORATORY SO WE MADE THEM ALLOWED IN ALL THE SAME ZONING BUT WE MADE THEM CONDITIONAL USES FOR CANNABIS COMBINATION BUSINESS. WE TOOK WE LOOKED AT WHERE RETAIL AND MANUFACTURING ARE BOTH ALLOWED INDUSTRIAL DISTRICTS AND IT'S ONLY ONE DISTRICT THE TRANSITIONAL INDUSTRIAL DISTRICT SO WE ALLOWED THEM A CONDITIONAL USE AND THEN MANUFACTURING WE TOOK EXISTING MANUFACTURING USE AND MADE ALL THE ZONING DISTRICTS WHERE IT'S ALLOWED THIS USE AS A CONDITIONAL USE AND THEN HERE IS THE TABLE SHOWING NEIGHBORHOOD AND COMMERCIAL ZONING DISTRICTS NONE OF THE NEW USE TYPES WOULD BE PERMITTED IN THESE DISTRICTS. SO THIS IS KIND OF JUST TO SHOW WHERE CANNABIS RETAIL WOULD BE ALLOWED AND CANNABIS SPECIAL EVENTS OKAY. FOR PERFORMANCE USE STANDARDS WE ARE NOT EXACTLY SURE YET WHAT THE STATE IS GOING REGULATE SO THIS QUESTION MIGHT BE JUMPING GUN A LITTLE BIT BUT WE JUST KIND OF TO KNOW IF THERE WERE ANY CONSIDERATIONS THAT YOU ALL HAD THOUGHT THAT WE COULD ADD TO THESE AS PERFORMANCE STANDARDS CURRENTLY FOR THE MEDICAL DISTRIBUTION CENTERS WE HAVE STANDARDS RELATED BUILDING LOCATION LIGHTING AND SECURITY AND SIGNAGE AND THEN STATE STATUTE MENTIONS THINGS LIKE VENTILATION AND FILTRATION WASTEWATER WATER USAGE, THINGS LIKE THAT . LASTLY, WE HAVE THE REGISTRATION LIMITATIONS. SO THE FIRST BULLET POINT IS SAYING THAT WE AS A CITY COULD LIMIT BASICALLY CANNABIS BUSINESSES THAT HAVE RETAIL TO ONE PER 12,500 RESIDENTS. SO THAT WOULD BE AROUND SEVEN FOR US RIGHT NOW AND THEN THE SECOND BULLET POINT IS SAYING THAT BLOOMINGTON DOESN'T HAVE TO REGISTER A CANNABIS BUSINESS IF. THE COUNTY ALREADY HAS ONE ACTIVE REGISTRATION PER 12,500. SO IF BLOOMINGTON HAD THREE BUSINESSES AND THE REST OF THE COUNTY ALREADY HAD 98. THEN WE WOULDN'T HAVE TO REGISTER ANOTHER ONE THAT CAME INTO THE COUNTY AND STAFF IS RECOMMENDING NO REGISTRATION LIMITS BECAUSE WE BELIEVE WITH THE ZONING DISTRICTS WHICH WE ARE ALLOWING THEM IN AND MARKET FORCES IT WILL BE OKAY WITHOUT LIMITATION SO THAT IT BRINGS US BACK TO THE GUIDING QUESTION I AM GOING TO GO THROUGH THEM ONE BY ONE AND KIND OF TALK ABOUT WHAT STAFF'S RECOMMENDATION IS AGAIN AND THEN WE CAN GO BACK TO THE SLIDES OR IF YOU HAVE QUESTIONS OR COMMENTS WE CAN DO IT THAT WAY. SO WE START WITH THE DOES THE COMMISSION WANT TO HAVE STAFF GO THROUGH ALL SIX AND WE WOULD LIKE TO DO ONE IN CONVERSATION, ONE IN CONVERSATION, ONE IN CONVERSATION ONE BY ONE AS SHE GOES THROUGH EACH ONE DO YOU WANT TO HAVE A CONVERSATION WITH EACH ONE? IS CAN WE DO THAT WAY? OKAY THANKS. YEAH. OKAY SO THE FIRST QUESTION IS FROM WHICH SHOULD CANNABIS BUSINESSES HAVE A MINIMUM SEPARATION THIS WHAT I TALKED ABOUT FIRST IT COULD BE SCHOOLS, DAYCARES RESIDENTIAL TREATMENT FACILITIES AND THE PART OF PARKS WHERE CHILDREN CONGREGATE AND STAFF IS RECOMMENDED IN ONLY HAVING SCHOOLS AS A SENSITIVE USE QUESTION I LOOKED IN THE LITERATURE WHAT'S THE ARGUMENT AGAINST THE RESIDENTIAL TREATMENT FACILITIES. THANK YOU CHAIRPERSON COMMISSIONER COOKED IN I THINK THE ARGUMENT IS WE I BELIEVE ONLY HAVE TWO OF THEM IN THE CITY AND ALSO THAT'S NOT CURRENTLY A BUFFER WE USE FOR LIQUOR LICENSES SO WE'RE TRYING TO BE SIMILAR TO THAT. COMMISSIONER ALBRECHT MY QUESTION IS WHY THE WHY THE WHY I GUESS SENSITIVE USES. SURE. AND KIND OF GOING INTO QUESTION TWO AS WELL BUT WHY SO IF WE GO TO LIQUOR WHY IS THERE A BUFFER BECAUSE PEOPLE HAVE LEGS AND CAN WALK SO IF THEY'RE GOING TO GO TO LIQUOR STORE THEY MIGHT GO TO A LIQUOR STORE. IT DOESN'T NECESSARILY HAVE ANY INDICATION OF WHERE THEY GO TO SCHOOL NECESSARILY. IS THERE BACKGROUND ON THAT I'M JUST I'M JUST CURIOUS. YEAH. CHAIRPERSON COMMISSIONER, I BELIEVE SOME OF THE REASONING IS THAT FOR A CREATING A LARGER BUFFER DISTANCE WOULD LIKE NOT MAKE STUDENTS WALK PAST THESE TYPES OF BUSINESSES LIKE ON THEIR WAY TO SCHOOL OR LIKE DRIVE PAST THEM LIKE THERE'S LESS EXPOSURE KIND OF IF THEY'RE FURTHER AWAY FROM SCHOOLS KIDS AREN'T THINKING ABOUT IT AS MUCH. OKAY. A FOLLOW UP QUESTION IF I MAY. SO IF YOU GO BACK TO YOUR EXAMPLE OF THE SCHOOL. YES. IF SOMEONE IS THERE IF YOU IF WE'RE USING THE 300 FOOT BUFFER, IT'S SIMILAR TO THE LIQUOR LICENSE. YOU COULD HAVE SOMETHING ON THE NORTH SIDE OF 98TH AND SOMEONE WOULD HAVE TO DRIVE ON 98 TO GO TO SCHOOL. I'M JUST I'M JUST LIKE I'M JUST CURIOUS ABOUT WHAT THE THE REASONING I UNDERSTAND NOT BEING ADJACENT TO BUT I DON'T NECESSARILY UNDERSTAND THE LIMITATIONS IF PEOPLE KIND OF DO WHAT THEY'RE GOING TO DO ANYWAYS. YEAH. CHAIRPERSON COMMISSIONER ALBRECHT, I THINK THAT'S A FAIR POINT AND I THINK THAT'S OF WHAT WE'RE HERE TO LISTEN TO ALSO. I'M NOT COMPLETELY SURE I GUESS WHAT THE CONVERSATIONS WERE WHEN THEY WERE MAKING THE BUFFER FOR LIKE LIQUOR LICENSES. I'M NOT EXACTLY SURE WHAT THAT REASONING WAS. COMMISSIONER GOTTESMAN THANK YOU CHAIR. I THINK ONE OF THE THINGS ON THIS AERIAL VIEW IS IT'S LOOKING AT AS THE CROW FLIES NOT ACTUALLY AS PEOPLE ARE OBSERVING LIKE YOU YOU SAID I LOOK AT WEST BLOOMINGTON FREEWAY THAT'S WITHIN THAT 300 FEET BUT IT'S ON THE OTHER SIDE OF A SIX LANE INTERSTATE OBVIOUSLY THAT'S NOT ADJACENT OR WITHIN THE PURVIEW THE SCHOOL SO I STRUGGLE AS WELL IS HOW DO WE MEASURE IS IT AS THIS AS THE CROW FLIES WHAT CAN WE SEE? I STRUGGLE WITH IT BUT YOU HAVE TO DRAW A LINE SOMEWHERE IF WE DO AND I LIKE THE CONSISTENCY OF THE BUFFER LIQUOR AND CANNABIS AT LEAST CONSISTENCY EITHER ALL OR NONE. RIGHT AND SO THANK YOU, COMMISSIONER GRAY. THANK YOU CHAIR EXCUSE ME PERSONALLY FROM MY PERSPECTIVE MY EXPECTATION OF A BUFFER WOULD BE TO KEEP PEOPLE WHO MIGHT NOT BE RIGHT OF MIND AWAY FROM CERTAIN AREAS WHO JUST WENT IN AND BOUGHT SOMETHING AND WANT TO KEEP THEM AWAY FROM CHILDREN OR PARKS OR WHATEVER SO PERSONALLY I THINK A 500 FOOT BUFFER MAKES SENSE WHATEVER THE I THINK THAT'S THE THC ONE TODAY BUT THAT'S MY THOUGHT IT OKAY. AND IF I COULD I DO WANT TO CLARIFY THAT THE THE CURRENT BUFFER AROUND LIQUOR IS JUST FOR OFF SALE LIQUOR SO LIQUOR STORES WE DO NOT HAVE ANY BUFFERS AROUND BARS RESTAURANTS ARE READY FOR THE NEXT QUESTION. YES. OKAY. OKAY. SO I IMAGINE WORKING IN A CHAIR ROOM AND IT WOULD BE TO HAVE MAYBE A STRAW POLL OR SOME ON EACH ONE ON EACH OTHER. YEAH. YEAH. SO YES COMMISSION ALBRECHT THANK YOU CHAIR I I IT WAS MY FAULT WE WENT TO BUFFERS BECAUSE I WAS TALKING ABOUT BUFFERS BUT IN TERMS OF SENSITIVE USES I AGREE WITH THE STAFF RECOMMENDATION ABOUT SCHOOLS IF WE ARE GOING TO HAVE A MINIMUM SEPARATION AND THAT'S WHAT WE USE LIQUOR LICENSES I THINK KEEPING IT CONSISTENT AND THOSE SENSITIVE USES CONSISTENT IS GENERAL CONSENSUS ON THAT QUESTION. MR. COOK NO MR. CHAIR, I HAVE I FIND IT PRUDENT TO INCLUDE RESIDENTIAL TREATMENT FACILITIES. I THINK IF YOU CAN GIVE SOMEONE WHO'S IN NEED OF HELP EVEN A FEW MORE SECONDS TO RECONSIDER THEIR DECISION TO A MISTAKE I WOULD BE SUPPORTIVE OF THAT. I, I AGREE WITH YOU AND I THINK THAT WE MAY WANT TO CONSIDER THEN DOING THE SAME FOR ALCOHOL AND THC HEMP YES. SHELTER. YEAH I WOULD AGREE THAT IF WE'RE GOING TO DO SOMETHING FOR ONE WE SHOULD DO IT FOR THE OTHER OKAY GOOD. OKAY. ALL RIGHT. AND SO WE DO WE BLOOD IN THE BUFFERS OR YEAH OH A LITTLE BIT OH 300 500 AT THE END I DON'T KNOW HOW EFFECTIVE OR I SHOULDN'T SAY EFFECTIVE IT'S A LITTLE OVER THE COMMISSION OVER TIME I DON'T KNOW HOW EFFECTIVE A BUFFER IS VERSUS IT'S A MORAL SYMBOLISM WHICH I GUESS MANY OF THE THINGS WE HAVE IN FRONT OF OUR IN OUR IN OUR ORDINANCES ARE MORAL SYMBOLISM. SO 300 VERSUS 500 I DON'T KNOW. CAN WE SEE THE MAP AGAIN PLEASE? YES, THE MAP WITH JUST THE SCHOOL OR THE WHOLE MAP THAT THIS ONE YES PLEASE. MR. ALBERT. QUESTION SO THE JUST CLARIFYING WOULD IT BE ANYTHING SO FOR EXAMPLE THAT BEFORE YOUR LIKE LONG SKINNY PARCEL WOULD BE THAT WHOLE PARCEL OR WOULD THE NORTHERN PART OF THAT PARCEL LIKE IF WE DID 300 FEET OR THE NORTHERN PART OF THAT WOULD YOU BE ABLE TO PUT A BUSINESS ON THE NORTHERN BECAUSE IT TOUCHED THE BUFFER IT WOULD BE YOU MUST BE ABLE TO BECAUSE TODAY THERE IS LIQUOR IN THAT PROPERTY. CHAIRPERSON COMMISSION MEMBERS OF THE COMMISSION SINCE WE DO NOT CURRENTLY HAVE THE THE CANNABIS REGULATIONS ON OUR BOOKS THE NICE THING IS WE GET TO DECIDE WHETHER WE'RE MEASURING STRICTLY PROPERTY TO PROPERTY LINE BASICALLY BEING THE STRICTEST INTERPRETATION OF THAT OR WHETHER WE'RE MEASURING FROM THE PROPERTY LINE OF THE SENSITIVE USE FROM THE FROM THE SCHOOL TO ACTUAL RETAIL SPACE WITHIN A LARGER SHOPPING CENTER. WE DO WE ACTUALLY IN OUR ORDINANCE REGARDING THE REGARDING LIQUOR STORES AND REGARDING THE CURRENTLY THE HEMP BASED PRODUCTS THAT ARE OUT THERE TODAY. SO LIQUOR STORES HAVE THE 300 FOOT BUFFER NOW THE HEMP PRODUCTS HAVE A PRODUCT RETAILER HAS THE 500 FOOT BUFFER WHICH AS EMILY MENTIONED WE HAD PREVIOUSLY PRESENTED TO THE CITY COUNCIL AND THEY WERE INTERESTED IN MAKING THOSE CONSISTENT AT 300 FEET BECAUSE LIQUOR STORES AS YOU MIGHT KNOW NOW SELL THE HEMP BASED PRODUCTS AS DO TOBACCO STORES. IT CREATED SOME INCONSISTENCIES THERE WHERE WE HAVE IT DOESN'T SEEM FAIR THAT SOME OF OUR LIQUOR STORES IN TOWN ARE ALLOWED TO SELL THESE THE HEMP BASED PRODUCTS THAT ARE CURRENTLY AVAILABLE SOME LIQUOR STORES SORRY YOU CAN'T THAT DIDN'T SEEM LIKE A LEVEL PLAYING FIELD. SO THERE ARE CURRENTLY TWO DIFFERENT WAYS OF MEASURING IN THE CODE WE COULD APPLY EITHER ONE TO THIS WHETHER WE'RE MEASURING JUST A STRICT PROPERTY LINE TO PROPERTY OR WHETHER WE'RE MEASURING FROM THE PROPERTY LINE OF THE SENSITIVE USE THE ACTUAL PREMISES THE WHICH ONE PREMISES WHICH ONE DO WE APPLY FOR LIQUOR TODAY IT ACTUALLY A GOOD QUESTION AND WE FOUND THAT THERE IT DEPENDS WHETHER OR NOT IT'S IN A WHAT'S DEFINED AS A SHOPPING CENTER. IF YOU ARE IN A SHOPPING CENTER YOU ARE ABLE TO MEASURE JUST TO THE LICENSED PREMISES JUST TO THE LIQUOR STORES FOOTPRINT FOR LESSER OR STANDALONE RETAIL. THE CURRENT DEFINITION IN CODE WOULD ACTUALLY REQUIRE MEASURING PROPERTY LINE TO PROPERTY LINE AND WHEN WHEN THE WHEN THE HEMP THC LICENSES WERE ADDED INTO THE FOLD AT 500 FEET THAT PROVISION WASN'T AND BELIEVE IT OR NOT, THAT'S NOW CAUSING ISSUES TOO BECAUSE WE APPLY THE ONE MEASUREMENT TO THE LIQUOR STORE. WE DIDN'T WRITE IT THAT WAY FOR THEM. YEAH I GUESS MY HUNCH AND MY INSTINCT IS IS IF WE GIVE A SHOPPING CENTER OF THAT ABILITY AND BEYOND THAT ANALYSIS OF THE PROPERTY LINE AND THIS IS A GOOD EXAMPLE RIGHT THIS PROPERTY HERE FESTIVAL FOODS AND THE STRIP MALL IS THERE IS A LIQUOR STORE IN THERE. IT'S THREE OR FOUR UNITS IN FROM THE SCHOOL AND I THINK IF WE GIVE THAT KIND OF GRACE TO FLEXIBILITY TO A SHOPPING CENTER, YOU KNOW, A LET'S SAY THIS THE PROPERTY TO THE NORTH ,THE SCHOOL THERE IF YOU'RE IN THE 300 THE B FOUR PROPERTY WHICH YOU KNOW ON THE SOUTH SIDE OF THE PROPERTY IS TO CLOSE BY ON THE NORTH SIDE. IT'S NOT WELL AND THERE'S ONLY ONE BUILDING LET THEM BUILD IT TO THE NORTH THAT THAT'S MY INSTINCT. WE SHOULD BE CONSISTENT REGARDLESS OF WHAT TYPE OF PROPERTY IT IS GREEN AND THE OTHER ONE I YOU YOU MENTIONED MOVING THE THC HEMP TO 300 WHICH I DON'T HAVE A PROBLEM WITH BUT YOU DIDN'T MENTION FACILITIES MOVING THAT FROM 1000. IS THERE A REASON SO CHAIRPERSON ROHMAN SO THE MEDICAL DISTRIBUTION FACILITIES WILL BE INCORPORATED INTO THE CHANGES WE'RE MAKING RIGHT NOW FOR CANNABIS ALSO SO THAT YEAH THAT WILL KIND OF GO AWAY. OKAY. YEAH GOOD QUESTION. ACREE SORRY WE'RE DOING A POLL RIGHT NOW ARE WE. WE CAN IF WE ARE. YEAH SURE. 300 I WAS GOING TO SAY 500 PERSON I DON'T KNOW HAVING ALL OF THEM IN THE SAME STORE I DON'T KNOW IF I'VE EVER SEEN STORES THAT HAVE BOTH IN ANY STATE SO I THINK THE KEEP KEEP IT AT THE 500 PERSONALLY OKAY OKAY ALL RIGHT OKAY SO THE NEXT QUESTION IS ABOUT THE THREE NEW CANNABIS RELATED ZONING TYPES THAT WE I CAN GO BACK TO THIS PAGE BUT JUST MAKING SURE THAT YOU ALL AGREE AND ARE OKAY WITH THOSE NEW USES THAT WE'RE ADDING. I DON'T HAVE MR. GOLTZMAN, CAN YOU CAN YOU EXPLAIN WHAT THE COMBINATION BUSINESS IS AGAIN ? YEAH. SO WHAT THE STATE LICENSES THERE'S THREE LICENSES THAT ARE CALLED LIKE CANNABIS MICRO-BUSINESS AS A BUSINESS AND THEN THERE'S A MEDICAL COMBINATION BUSINESS. SO THAT BASICALLY MEANS THAT THEY CAN DO MULTIPLE THINGS THERE. THEY DON'T HAVE TO JUST STICK TO OR JUST STICK TO. I THINK YOU CAN DO GROWING THERE. SO BASICALLY IT'S A COMBINATION OF A LOT OF THINGS. I ALSO HAVE A TABLE OF ALL THE LICENSE TYPES I JUST DIDN'T THINK THAT WAS SUPER PRODUCTIVE TO GO THROUGH. YEAH OKAY THANK YOU. I GET IT NOW. YEAH. ANY FEEDBACK OR CONCERN THEM? THE NEW USES. OKAY COOL COOL. OKAY SO THEN WITH THE NEW USERS DO YOU AGREE WITH THE PROPOSED LIST OF ZONING DISTRICTS WHERE ARE ALL OF THE TYPES OF CANNABIS BUSINESSES WOULD BE PERMITTED OR CONDITIONAL USES AND I'LL GO BACK TO THE USE TABLE SO CAN KIND OF LOOK AT THOSE I'M GOING TO STAY ON THIS FOR A WHILE BECAUSE I THINK THE NEXT SCREEN PROVIDES LESS CONTEXT. COMMISSIONER CURRY QUICK QUESTION TODAY THERE IS A NEW DISTRICT FOR CANNABIS. DID I HEAR THAT BECAUSE I COULDN'T FIND IN THE NO CHAIRPERSON COMMISSIONER THERE'S NOT A NEW DISTRICT THERE'S JUST NEW USES. YEAH THANK YOU. AND THEN THIS MATRIX TELLS US WHICH DISTRICTS THOSE USES MAY EXIST. YES. COMMISSIONER GOLDMAN, THANK YOU. DOES STAFF HAVE A MAP OF THESE LOCATIONS IN RELATIONSHIP TO THE BUFFER THAT WE JUST TALKED ABOUT? CHAIRPERSON COMMISSIONER GOLTZMAN NOT REALLY. WE HAVE AN THE INTERACTIVE JAZZ MAP I THINK IS ONLY RIGHT NOW SHOWING WHERE RETAIL COULD BE. IT'S NOT SHOWING ALL OF THESE DISTRICTS AND WHERE THINGS MAY SPECIFICALLY BE I MAY TO STAFF HAVE ANY CONCERNS I MEAN THIS LOOKS PRETTY OPEN BUT I JUST WANT TO MAKE SURE OUR STAFF'S INTERPRETATION THAT THERE ARE A VARIETY OF LOCATIONS THAT THIS COULD BE LOCATED IN THAT MAKES I JUST WANT US TO GO DOWN THE RABBIT HOLE LIKE PROHIBITING IT WITHOUT SAYING WE'RE PROHIBITING IT. SEE, I JUST WANT TO MAKE SURE YEAH. CHAIRPERSON COMMISSIONER GOLTZMAN I THINK STAFF IS COMFORTABLE WITH THIS BECAUSE OUR REASONING BEHIND AT LEAST THE NEW USES WERE KEEP THEM SIMILAR TO KIND OF EXISTING USES EXCEPT FOR TO MAKE THEM A CONDITIONAL USE SO THAT YOU ALL COULD HAVE APPROVAL AND SEE THEM FIRST. SO YEAH THIS IS STAFF'S RECOMMENDATION WHICH WE'RE COMFORTABLE WITH. OKAY. THANK YOU COMMISSIONER TIM THANK YOU, MR. CHAIRMAN. I SUSPECT WHAT IS MORE OF AMERICA'S OLD THAT'S NOT GOING TO TURN AROUND AND COMMISSIONER CAPTAIN ALL OF AMERICA IS ON COURSE TO SEE TWO IS THAT THE ONLY SEA ZOO PROPERTY TERM ROOM AND COMMISSIONER CHARACTER IN IT'S MALL OF AMERICA THE LAND TO THE NORTH WHICH INCLUDES A KEY THE LAND TO THE NORTH OF THAT WHICH IS VACANT NOW FORMER SORRY LET ME RESTATE THAT I DIDN'T MY MICROPHONE ON FOR THE RECORD SEEKS TO THE MALL OF AMERICA ITSELF THE LAND TO THE NORTH WHICH INCLUDES LIKE HERE THE LAND TO THE NORTH OF THAT WHICH IS THE FORMER THUNDERBIRD HOTEL NOW VACANT AND THEN LAND DIRECTLY TO THE EAST THE MALL OF AMERICA WE CALL IT THE ADJOINING LAND SITE WHICH IS CURRENTLY VACANT . GO TO THOSE FOUR SITES. THANK YOU, MS.. HERZBERG HAVE WE REACHED OUT TO THE MALL ABOUT THIS. CHAIRPERSON COMMISSIONER AND I HAVE NOT AND I'M NOT AWARE THAT PEOPLE ON TEAM HAVE I THINK MR. THIS RECORD LOOKS LIKE A TERM IN A COMMISSIONER AND ONE THING TO NOTE ON THAT IT WOULD NOT OBLIGATE THE MALL TO TO DO ANYTHING IT WOULD JUST OPEN THE DOOR TO SOME OF THESE USES THEY COULD STILL AS A PROPERTY OWNER HAVE THEIR OWN APPROACH TO IT. SURE. SO THEY'RE A PRIVATE ENTERPRISE AND COULD JUST RESTRICT THEIR USE ON THEIR OWN. THEY COULD THANK YOU . THE OTHER FEEDBACK ON THE USED TABLE OR GENERALLY COMFORTABLE WITH IT? YES, MAYBE MOSTLY MY I DO THINK THE MALL OF AMERICA IS AN INTERESTING TEST CASE LIKE DO WE AS A CITY HAVE ANY THOUGHTS ABOUT WHETHER THAT'S A PLACE WE WANT TO SEE THIS OR NOT? THAT'S OBVIOUSLY A THAT'S WHAT WE'RE KNOWN AND LET'S SEE THE MALL DOES WANT THIS IS CITY OKAY WITH THAT JUST FOR FREE? YEAH I THINK IT'S THIS IS A CORNER OF THE INDUSTRY THAT IS RAPIDLY CHANGING BUT I WOULD HAVE TO VENTURE A GUESS THAT ABSENT SIGNIFICANT CHANGE THAT COULD BE A DRAW FOR CERTAIN TOURISTS. QUESTION THANK YOU. CHAIR WHAT IS WHAT IS THE LAW ON CONSUMING CANNABIS IN PUBLIC AND YOU KNOW, I DON'T KNOW BEING UNDER THE INFLUENCE OR WHATEVER YOU REFER TO IT AS CHAIRPERSON COMMISSIONER CURRIE I'M NOT SURE I WOULD ASSUME IT'S SIMILAR TO ALCOHOL BUT I DON'T KNOW OFF THE TOP OF MY HEAD YEAH. CHAIRMAN COMMISSIONER CURRIE THAT DEFINITELY IS UNDER DISCUSSION PROBABLY FROM THIS ORDINANCE BUT I MEAN THERE'S BEEN SOME DISCUSSION OF TREATING IT IDENTICAL TO TOBACCO AND TOBACCO IS NOT ALLOWED IN CERTAIN AREAS AND IS IN OTHERS SO THAT'S ONE DISCUSSION POINT BUT IT HASN'T BEEN DETERMINED. OKAY YEAH I JUST WONDER THINKING LIKE WHEN YOU GO TO THE MALL AND YOU KNOW BUY SOME GUMMIES AND A FEW GUMMIES AND YOU'VE GOT PEOPLE WANDERING AROUND THEM ALL DAY I HAVE I DON'T KNOW IF THAT EVEN MATTERS. I MEAN IT HAPPENS I'M SURE IN OTHER STATES AS WELL AND OTHER THINGS PEOPLE COULD GO TO A RESTAURANT IN THE MALL, HAVE COUPLE COCKTAILS AND WANDER AROUND THE MALL ALL DAY TOO RIGHT? YEAH. I DON'T KNOW. I'M I DON'T KNOW IF THESE ARE EVEN THINGS I SHOULD BE THINKING ABOUT. OH, THAT'S A GOOD QUESTION. I HEAR CHAIRPERSON MEMBERS SO I DO WANT TO AGAIN POINT OUT THAT THE HEMP BASED PRODUCTS WHICH MAY NOT BE AS INTOXICATING AS THE FULL STRENGTH THAT'S COMING ARE CURRENTLY AVAILABLE AT THE MALL BOTH IN THE FORM THAT YOU WOULD PURCHASE AND THERE'S A COUPLE OF STORES WHERE YOU'D PURCHASE SOMETHING AND TAKE IT WITH YOU AND THEN THERE ARE ALSO A NUMBER OF RESTAURANTS AT THE MALL THAT ARE NOW SELLING THC OR HEMP BASED THC SELTZERS SO THAT IS THE HEMP BASED OR LOWER POTENCY FORM IS AVAILABLE TODAY AT THE MALL. SO THIS CHANGE WOULD REPRESENT YOU KNOW, IF THE MALL WERE INTERESTED LEASING TO A FULL BLOWN DISPENSARY I GUESS I'M SURE THE MALL CAN FIGURE OUT WHAT THEY WANT TO DO. THEY CAN TAKE CARE OF THEMSELVES. COMMISSIONER COOK A FINAL PIECE COMMENTARY I THINK A LITTLE BIT ABOUT THE STRIP IN VEGAS WHERE THAT'S NOW LEGAL AND I'VE HEARD JUST ANECDOTALLY FROM A FEW DIFFERENT PEOPLE I LOVE GOING TO VEGAS BUT IT WAS SO ANNOYING LADEN MY PEOPLE SMOKING WEED THE WHOLE TIME BECAUSE THE THING A DIFFERENCE BETWEEN LIKE GUMMIES SELTZER IS IT DOESN'T REALLY AFFECT ANYBODY ELSE BUT LIKE SMOKING CANNABIS FOR SOME ANNOYING AND SO BEING THAT THAT'S OUR LARGEST DRAW FOR GUESTS IN OUR CITY I'M NOT SURE HOW I PERSONALLY FEEL ABOUT IT BUT I THINK IT'S WORTH A LITTLE MORE THOUGHT AND CONVERSATION AND AS YOU GET INTO THE THE QUESTION ABOUT AND I SOUNDS LIKE IT'S OUTSIDE OF THE SCOPE BUT AGAIN THE QUESTION OF WHERE CAN YOU SMOKE IT VERSUS YET AND I THINK ONE THING THAT'S DIFFERENT OBVIOUSLY THE MALLS MOSTLY ENDORSED SO THAT IS A BIG DIFFERENCE BUT YEAH I THINK IT'S AN INTERESTING THING TO THINK ABOUT. THE CHAIRPERSON MR. THEIR COMMISSIONERS THE THE LAW THE THE IS VERY CLEAR THAT THE MINNESOTA INDOOR CLEAN AIR ACT FULLY APPLIES IN ALL PLACES THERE IS THEN THERE'S ALSO INDIVIDUAL CITY ORDINANCES WHERE WE TALK ABOUT YOU KNOW THERE'S, NO SMOKING WITHIN 25 FEET OF A DOOR OR ALL THOSE OF THINGS. AND SO THOSE I THINK WILL HAVE TO BE AMENDED PROBABLY TIME IF NOT SOONER. SO OTHER THOUGHTS ON THIS MATRIX GENERALLY OKAY WITH IT I WISH I GOT IN ONE MORE QUESTION. SO WHEN WE SAY IT'S A CONDITIONAL USE SO THAT WOULD HAVE TO THEM COME BEFORE THE PLANNING COMMISSION AND CITY COUNCIL THAT PARTICULAR APPLICATION AND THERE COULD BE CONDITIONS PLACED UPON IT IS THAT WHAT I'M GOING TO SAY? YES. SO I THINK THAT'S ANOTHER THING THAT GIVES ME SOME COMFORT ABOUT THE MALL SAY THAT'S A CONDITIONAL PROPOSAL IS CONDITIONAL NOT PERMITTED ONLY FOR AGRICULTURE OR TESTING OR MANUFACTURE. OH SORRY, THEY WOULD BE PERMITTED FOR RETAIL AND PERHAPS AN ENTERTAINMENT PERHAPS THAT COULD BE CAN WE WE SHOULD CONSIDER THOSE CONDITIONAL. COMMISSIONER CARY SORRY. ONE MORE QUESTION CLARIFICATION ON ENTERTAINMENT AND RECREATION SPECIAL EVENTS IS THAT A BUSINESS THAT ADMINISTERS THAT OR IS THAT LIKE LET'S ALL GET TOGETHER AND SMOKE A BUNCH OF WEED LIKE I DON'T KNOW WHAT. CHAIRPERSON COMMISSIONER CURRY SO ENTERTAINMENT AND RECREATION SPECIAL EVENTS I BELIEVE THAT THAT REQUIRES AN ADDITIONAL ANYWAYS LIKE YOU HAVE TO HAVE A LICENSE TO HAVE A SPECIAL EVENT AND I ALSO THINK FOR THE CANNABIS SPECIAL EVENTS IT CAN ONLY BE UP TO FOUR DAYS. YEAH DOES ANSWER THE QUESTION WELL BUT I GUESS IS WHAT I'M WONDERING IS IS THE THE USED TAPE I GUESS IS IT IT IS ACTUALLY LIKE FOR AN FOCUSED ON WEED IS WHAT YOU'RE SAYING OR IS IT A BUSINESS THAT RUNS EVENTS THAT DON'T NECESSARILY HAPPEN THERE? MAYBE THE PLANNING MANAGER MAY HAVE SOME INSIGHT A COMMISSIONER CURRY SO THERE IS A STATE USE LICENSE TYPE THAT RELATES TO SPECIAL EVENTS AND SO THERE'S THE QUESTION HOW DOES THAT STATE LICENSE INTERRELATE WITH OUR CITY USE LIST AND TYPES AS AND UNDERSTAND THE STATE LICENSE WOULD BE REQUIRED IF YOU WERE TO OFFER CANNABIS RELATED PRODUCTS AT A SPECIAL EVENT IT WOULDN'T NECESSARILY NEED TO BE A SPECIAL EVENT FOCUSED ON ON CANNABIS BUT BECAUSE CANNABIS WOULD OFFERED THEY WOULD NEED THAT STATE LICENSE SO THEN THE QUESTION IS IF THERE SUCH AN EVENT THAT GETS A STATE LICENSE WHERE DOES IT FALL IN OUR CITY CODE WE THOUGHT WELL WE HAVE THIS EXISTING CATEGORY FOR SPECIAL EVENTS. IT WOULD MOST APPROPRIATELY FALL WITHIN THAT. INTERESTING. SO IT DOESN'T REALLY FOLLOW RETAIL SALES THEN LIKE MY IT IT EVEN THOUGH IT'S SIMILAR TO RETAIL SALES IN THAT WE'RE SELLING IT OR PROVIDING IT TO PEOPLE IN THAT AREA. JEROME AND COMMISSIONER CURRY I WONDER IF WE HAVE THE DEFINITION FROM THE STATE LICENSE TYPE OF I KNOW THERE'S A TIME LIMIT INVOLVED AND YEAH I THINK IT'S A STATE LICENSE. I THINK THE DIFFERENCE IS IS THAT IT'S A LIMITED TIME WHERE A RETAILER LIKE YOU COULD GO TO THE STORE FROM 8 TO 10 P.M. BUT A SPECIAL EVENT LIKE A GIRL SCOUT STAND OR SOMETHING . YEAH. SO NO LONGER THAN FOUR DAYS, RIGHT? YOU KNOW ANOTHER SUCCESSFUL SUMMER FIT OR YOU KNOW, HERITAGE DAYS FOR EXAMPLE. IT'S KIND A OKAY BRAND. CLAIRE THANK YOU. THAT MAKES MORE SENSE COMMISSIONER GOT YOU KNOW ALL RIGHT MAYBE THE LAST CALL ON THE MATRIX YEAH OKAY SO YOU HEARD SOME CONSIDERATION I THINK ABOUT THEM ALL. THANK YOU. OKAY, SO THE NEXT QUESTION IS ABOUT STANDARDS. SO AGAIN ON THAT WE'RE NOT EXACTLY SURE WHAT THE STATE IS GOING TO REQUIRE BUT JUST ANY CONSIDERATIONS THAT YOU ALL THOUGHT OF WHEN WE WERE GOING THROUGH THIS OR ANYTHING THAT YOU MIGHT US TO THINK ABOUT AND STANDARDS DO WE HAVE ON ALCOHOL OR THC IF ANY CHAIRPERSON I THINK IT'S MORE RELATED TO LIKE IF THERE'S A PATIO THAT HAS ALCOHOL LIKE I THINK THERE ARE CERTAIN STANDARDS RELATED TO THAT BUT IN THE ZONING CODE I DON'T THINK WE HAVE PERFORMANCE STANDARDS RELATED TO JUST LIKE ALCOHOL IN GENERAL COOKED AND MAKES SURE MS. ASPECTS SO THIS IS THE ITEM ABOUT LIKE EXTERIOR SIGNAGE LIMITATIONS AND STUFF, RIGHT? YES. JUMPING MR. CHAIR I'M IN FAVOR OF CONTINUING FORWARD WITH WE'RE USING FOR OTHER THC BUSINESSES WITH THE LIMITED SIGNAGE AND STUFF I KNOW SOME OF OUR NEIGHBORING CITIES DON'T HAVE THEM AND THEY CAN BE A BIT GARISH AND I COULD SEE IF YOU'RE GOING INTO THE STRIP CENTER OR SOMETHING AND LET'S JUST SAY YOU'RE A BAKERY AND THE CANNABIS SHOP MOVES IN NEXT DOOR AND IT'S TOTALLY OUTRAGEOUS THAT COULD DETRACT FROM YOUR BUSINESS AND SO I THINK TO KEEP HAPPY COMMERCIAL NEIGHBORS I, I AM IN FAVOR OF SOME LIMITED SIGNAGE. CHAIRPERSON COMMISSIONER CAPTAIN SORRY AND I SHOULD HAVE MENTIONED THIS BEFORE BUT SIGNAGE IS ACTUALLY SOMETHING THAT THE STATE HAS SPOKEN ON ALREADY SO WE DO KIND OF WE HAVE TO ABIDE BY THAT AND I KNOW THE CITY KIND OF KNEW THE SPECIFICS SURROUNDING THAT SO I WILL TRUST HER WITH WHAT SHE SAYS TO ASSURE GOLTZMAN THANK YOU CHAIR. I THINK WE SHOULD JUST BE CONSISTENT WITH THIS BUSINESS AS WE HAVE WITH OTHER BUSINESSES SO YOU KNOW THE SIGNAGE SCREENING ANY, OTHER TYPE OF PERFORMANCE STANDARDS THAT WE HAVE FOR ANY OTHER TYPE OF BUSINESS SHOULD BE THE SAME AS THIS I DON'T FEEL LIKE WE SHOULD TREAT THEM ANY DIFFERENTLY BECAUSE THEY'RE NEW. YEAH. OR IF IT'S MANUFACTURING FOLLOWS MANUFACTURING IF IT'S RETAIL IT IS RETAIL IF IT'S X-Y-Z GO SHUKRI THANK YOU CHAIR DO PERFORMANCE STANDARDS INCLUDE INSIDE THE SPACE AND ANY SECURITY MEASURES INSIDE THE SPACE OR IT JUST EXTERIOR ? CHAIRPERSON COMMISSIONER CURRY I DO THINK THE CURRENT MEDICAL MARIJUANA DISTRIBUTION FACILITY STANDARDS WE DO HAVE STANDARDS RELATED TO LIKE HOW MONEY IS KEPT AND LIKE SECURITY RELATED TO THAT THAT'S IN BECAUSE PREVIOUSLY WHEN MARIJUANA WAS A SCHEDULE ONE DRUG THOSE COULD NOT HANDLE MONEY THROUGH THE BANKING SYSTEM. BUT I THINK NOW THAT THAT'S BEEN WE CAST AS A SCHEDULE THREE DRUG IT IT SHOULD REMOVE AMOUNT OF AND THEN A TAX EXPERT BUT I BELIEVE THAT THAT'S PART OF WHAT THE FEDERAL GOVERNMENT RE CATEGORIZING MARIJUANA AS A CANNABIS I GUESS AS A SCHEDULE THREE DRUG REMOVES THAT RESTRICTION FROM THE ABILITY TO BANK WHICH IS WHAT SOME OF THAT PERFORMANCE STANDARD AROUND HOW YOU STORE THE MONEY BECAUSE IT WAS ESSENTIALLY A CASH KIND OF BUSINESS THAT THEY ONLY COULD OPERATE IN CASH IT WAS UNBANKED KIND OF A BUSINESS WELL AND SO THE STORES THAT I'VE BEEN IN OTHER STATES YOU KNOW I THINK THERE'S OTHER SECURITY MEASURES TO, YOU KNOW, KEEP THINGS SECURE MOSTLY KEEP THEIR PRODUCTS SECURE PRODUCTS END BECAUSE THEY HAD TO KEEP THE CASH THERE TOO. OKAY. SO I JUST THINK IN TERMS OF AND GOING BACK TO THE CONVERSATION ABOUT LIQUOR STORES SELLING THEM IN THE SAME PLACE, I THINK THAT NATURALLY CREATES A SEPARATION AND THAT PEOPLE WANT THAT SECURITY IN THE STORE AND DON'T END UP PUTTING INTO A LIQUOR STORE NOW. SO I JUST DON'T KNOW IF THAT'S SOMETHING THAT WE NEED TO DISCUSS OR NOT. IT'S A GOOD QUESTION, YEAH. CHAIRPERSON COMMISSIONER CURRY I DO THINK THAT IS MENTIONED IN THE STATE STATUTES AND I KIND OF IMAGINE THEY'RE TO HAVE KIND OF A BLANKET REQUIREMENTS OF SECURED FOR THE PRODUCTS AND WHAT THAT LOOKS LIKE YOU KNOWOF OKAY WITHD THE LAST QUESTION IS ABOUT LICENSE LIMITS. SO SHOULD THE CITY LIMIT THE TOTAL NUMBER OF BUSINESSES? THE FIRST WAY WAS BASICALLY LIMITING RETAIL HOURS AND THAT COULD BE ONE PER 12,500 RESIDENTS AND OTHER WAY THAT WE COULD DO IT IS THROUGH KIND THE COUNTY AND THE NUMBER OF OVERALL BUSINESSES NOT JUST RETAILERS THAT THERE ARE IN THE COUNTY DO WE ARE WE ALLOW ID TO SO I UNDERSTAND WE'RE NOT ALLOWED TO SAY NO UNLESS THE COUNTY HAS ENOUGH ARE WE ALLOWED TO SAY NO YOU CAN'T SELL CERTAIN TYPES OF THIS PRODUCT AND THE REASON I ASK THAT IS AS A CITY WE HAVE MADE A DECISION THAT WE ARE NOT GOING TO ISSUE NEW TOBACCO LICENSES. IT DOESN'T MEAN THAT YOU DON'T HAVE OTHER FORMS OF NICOTINE YOU JUST DON'T HAVE THE VERSION BECAUSE THAT WAS DETERMINED COUNTER TO CERTAIN HEALTH GOALS FOR THE CITY. SO MY QUESTION IS IS IN OUR REGISTRATION LIMITATION CAN WE SAY YOU KNOW, YOU CAN HAVE THESE BUT YOU CAN'T SELL THE SMOKED PRODUCT FOR EXAMPLE. CHAIRPERSON THAT IS A GOOD QUESTION I'M UNSURE MATT. I DON'T KNOW IF YOU KNOW NO COMMISSIONERS NO I'M ALSO UNAWARE OF THAT BUT I AM JUST I SUSPECT WITH THE AMOUNT OF PRESS THAT THIS ISSUE, GENERAL HAS BEEN GETTING OVER THE LAST TWO YEARS, PARTICULARLY WITH REGARDS TO LIMITING LOCAL CONTROL TO KIND OF YEAH YOU KNOW MANNER IN PLACE THE NUMBER OF LICENSE REGISTRATIONS I THINK I HAVE A STRONG FEELING WE WOULD HAVE HEARD SOMETHING ABOUT THAT IF THAT WAS PART OF THE LOCAL CONTROL IN TERMS OF COULD WE GET INTO WHAT PRODUCT TYPES CAN BE SOLD? SURELY MY INSTINCT IS NO WE DON'T HAVE CONTROL OVER THAT. OKAY. GENERAL AND ASSISTANT CITY ATTORNEY KEVIN TOSCHI IS IN THE WEBEX. HE DID WARN ME THAT HE MAY BE INACCESSIBLE FOR A FEW AND SO WE CAN CHECK IN MR. TASKER IF YOU HAVE ANYTHING AND IF WE DON'T HEAR FROM YOU WILL ASSUME THAT YOU'RE OTHERWISE OCCUPIED AND THAT'S OKAY. I JUST I JUST RAISED THE QUESTION BECAUSE SOMEWHERE ALONG THE LINE THE CITY HAS SAID SMOKING THINGS IS COUNTER TO OUR HEALTH GOALS. AND SO BUT WE'VE SAID OTHER FORMS OF OF THAT INTOXICANT ARE ACCEPTABLE. AND SO I'M JUST RAISING THE QUESTION ABOUT WHETHER AS WE THINK ABOUT REGISTRATION WHETHER OR NOT THE CITY WANTS TO THINK ABOUT THE FORMS OF IT THERE CAN YOU HEAR ME? YES. OH HI THEREO I CHAIR I'M SORRY I AT I HAD TO TAKE MY SON SOMEWHERE IT'S KIND OF A LOUD SO I'LL STEP OUT FOR A SECOND BUT I WANT TO SAY I'M ALMOST SURE THERE'S A STATUTE SIMILAR TO ALCOHOL WHERE YOU HAVE AUTHORIZED PRODUCTS YOU CAN SELL AND THERE LIMITED OR THEY'RE ACTUALLY ENUMERATED BY STATUTE SO LIKE AN OFF SALE LIQUOR STORE IS AUTHORIZED BY LAW STILL SERVING THE CITY CAN STEP IN AND SAY YOU CAN'T SELL A CERTAIN KIND OF BEER WHISKEY THAT TYPE OF THING. I AM ALMOST CERTAIN THERE IS A SIMILAR PROVISION IN THE CANNABIS LAW NOT FROM MY COMPUTER SO I CAN'T LOOK IT UP BUT I MEAN A SIMILAR EFFECT RIGHT? YOU'RE AUTHORIZED TO SELL ALL CAN WE ALL FLOWER CANNABIS VAPING ACCESSORIES THINGS LIKE THAT. I DON'T THINK WE CAN STEP IN AND PICK AND CHOOSE OFF THE MENU WHAT THEY CAN AND CAN'T SELL. SURE AND THAT MAY WELL BE THE CASE. I JUST RAISED THE QUESTION FOR THE STAFF TO THINK ABOUT AND HOW THAT MAY OVERLAP OUR OTHER BECAUSE IT GETS TO THE QUESTION OF REGISTRATION LIMITS RIGHT AND SO IF IF WE'VE SAID THAT TOBACCO WE'RE NOT GOING TO LET ANY MORE THAN THAT MAY INFLUENCE HOW I FEEL ABOUT REGISTRATION LIMITS ON SOMETHING ELSE YOU CAN SMOKE VERSUS IF WE DON'T HAVE A REGISTRATION LIMIT ON YOU KNOW NICOTINE, I MIGHT FEEL DIFFERENTLY ABOUT NOT HAVING A REGISTRATION LIMIT ON CANNABIS DERIVED PRODUCTS. THAT'S JUST I'M JUST I'M WONDERING AND MR. CHAIR MEMBERS THIS MAY BE CLEARED UP SO THIS IS THE FIRST SENTENCE OF THE LOCAL CONTROL CHAPTER OF THE STATUTE A LOCAL LOOKING UNIT OF GOVERNMENT MAY NOT PROHIBIT THE POSSESSION OR USE OF CANNABIS FLOWER CANNABIS PRODUCTS LOWER POTENCY HEMP EDIBLES OR HEMP DERIVED CONSUMER PRODUCTS AUTHORIZED UNDER THIS CHAPTER. BUT IT DOESN'T TALK ABOUT SALE AND TALK ABOUT SALE. OKAY AND THEN THE NEXT PROVISION. SO EXCEPT AS PROVIDED IN CERTAIN WAYS THE LOCAL GOVERNMENT MAY NOT PROHIBIT THE ESTABLISHMENT OR OPERATION OF A CANNABIS BUSINESS LICENSED UNDER THIS CHAPTER. OTHER THOUGHTS ON REGISTRATION LIMITATION SEVEN SOMETHING LARGER THAN SEVEN I'M LIMITED COMMISSIONER GOLTZMAN THANK YOU CHAIR I AM NOT IN SUPPORT OF HAVING A LIMIT I THINK MARKET DETERMINE WHAT IS VIABLE FOR A BUSINESS SO I AT THIS TIME WOULD NOT SUPPORT HAVING A LIMIT WE DON'T HAVE A LIMIT ON LIQUOR LICENSES SO FROM A CONSISTENCY PERSPECTIVE THAT'S MY STATE'S COMMISSIONER BROCKTON. THANKS, MR. CHAIR. YEAH, I THINK COMMISSIONER GOLDMAN'S FOR THE MARKET IS GOING TO DICTATE THIS AND YOU LIMIT THE NUMBER OF THEM THEN THAT SMALL NUMBER ARE GOING TO GET VERY LARGE AND NOW WE'VE GOT WEED SUPERSTORES WHICH I'M NOT SURE IS WHAT I'M LOOKING FOR. I'D RATHER HAVE A BUNCH OF SMALL ONES THAN A VERY LARGE ONE SO I'M NOT IN FAVOR OF A REGISTRATION LIMIT. COMMISSIONER CORY THANK YOU. CHAIR I AM IN FAVOR OF A REGISTRATION OR A LIMIT I THINK I MEAN SEVEN SEEMS LIKE A LOT TO ME IF I'VE GOT A YOU KNOW, GOING TO DENVER, PALM SPRINGS OR OTHER YOU CALIFORNIA, COLORADO I MEAN IT'S A SEVEN IT SEEMS LIKE LIKE IF WE HAD TEN OR 15 AND BLOOMINGTON THAT LIKE A LOT OF STORES SO MY PERCEPTION IS IF WE HAD A LOT OF STORES SOME OF THE STORES MIGHT NOT BE WILLING TO INVEST AS MUCH OR WOULD YOU KNOW THERE'D BE MORE COMPETITION WHICH MIGHT MAKE SOME STORES MAYBE FOLLOW THE RIGHT PATH AND I'D RATHER HAVE FEWER STORES THAT ARE MORE LIKELY TO BE SUCCESSFUL AND THEN YOU KNOW, HAVE THE RIGHT SECURITY, HAVE THE RIGHT WHATEVER IT IS, WHATEVER ELSE IT IS THEY NEED TO DO AND ENSURE THAT THEY ARE TOO. WE HAVE A BEST GUESS AS TO HOW MANY LIQUOR STORES WE HAVE IN BLOOMINGTON I COMMISSIONERS I HAVE THE EXACT NUMBER BECAUSE KNEW THAT QUESTION WAS GOING IS BEST GUESS AND WE'RE IN THE OF LIQUOR LICENSE RENEWAL SEASON SO I HAVE TO KNOW THAT NUMBER ARE OH YES YEAH YEAH JUST PLACE YOUR BETS WE HAVE 19 OFF SALE LIQUOR LICENSES SO THOSE ARE FULL LIQUOR AND THEN WE HAVE AN 11 ADDITIONAL THREE TWO LIQUOR IS LIQUOR LIQUOR LICENSES SO THOSE ARE YOUR GAS STATIONS AND GROCERY STORES THAT CAN ONLY SELL THREE TO BEER AND I RECOGNIZE SORRY INTERRUPTED YEAH AND I RECOGNIZE THAT WE HAVE A MORE A FREEZE AND NO NEW TOBACCO LICENSE DO WE ALSO HAVE A NUMBER ON TOBACCO LICENSES THAT NUMBER I DON'T HAVE IN FRONT OF ME NO HUNCH I DON'T HAVE A HUNCH ON THAT ONE THE THE OTHER THING I'LL ADD IS THAT ON THE HEMP BASED BUSINESSES THAT ARE CURRENTLY OUT THERE AS YOU MAY HAVE OBSERVED JUST ABOUT ANY BUSINESS TYPE IS ALLOWED TO SELL THE CURRENTLY AVAILABLE BASED EDIBLES AND SELTZERS AND THINGS OF THAT. THEY'RE SOLD AT GIFT STORES, CORNER STORES, GROCERY BARS AND RESTAURANTS BOTH TO CONSUME ONSITE AND TO TO TAKE SO THAT THE YOU KNOW, THE FLOODGATES ARE OPEN ON THAT PRODUCT AND THE LEGISLATURE HAS NOT DONE ANYTHING TO TO DIAL THAT BACK OR TO GIVE CITIES THE AUTHORITY TO DIAL THAT BACK. THAT'S WHERE I THINK IT'S GOING TO BE A LITTLE BIT OF AN INTERESTING CONVERSATION. BUT THEN AGAIN I DON'T HAVE A STRONG OPINION ON THE SUBJECT BUT I THINK THE WAY WE'VE TALKED YOU KNOW, HAVING THIS BUFFER ZONE FROM CONSISTENT TH ALCOHOL, THIS IS ULTIMATELY GOING TO BECOME MORE LIKE WHEN YOU CAN BUY CIGARETS AT THE GROCERY STORE OR YOU KNOW I THINK BACK TO WHEN I WAS YOUNG OH YOU KNOW, AND THEY WEREN'T EVEN BEHIND COUNTER KIND OF A THING. AND SO I THINK THERE'S ONE THING TO SAY, YOU KNOW IF YOU'RE IT'S TO HAVE A LIMIT SEVEN LIKE ON A FREESTANDING STORE LIKE RIGHT LIKE BOB'S BUDS OR SOMETHING IT'S ANOTHER THING TO THE YOU KNOW HOW MUCH THIS IS GOING TO BE AND YOU KNOW EVERY SINGLE BUSINESS IN THE STRIP CENTER OVER THERE FOR EXAMPLE BECAUSE THIS GUY IS GOING TO SELL GUMMIES AND THAT GAL IS GOING TO HAVE FLOWER AND, THE PLACE NEXT DOOR IS GOING TO HAVE SELTZER I MEAN AND SO IT'S I DON'T KNOW IF YOU'RE GOING TO HAVE A RESTRICTION SPECIFICALLY AND ALSO IT'S ABOUT THAT THAT'S ALL THE BUSINESS DOES. BUT THE BUSINESS IS GOING TO BE INFUSED INTO SOME OF THE OTHER THINGS. I DON'T KNOW HOW YOU GET YOUR HEAD AROUND THAT AND CHAIR COMMISSIONERS I DO WANT TO CLARIFY SO THAT THESE LIMITS THAT WE'RE TALKING ABOUT HERE WOULD ONLY THESE ARE THESE WOULD NOT ENCOMPASS THE HEMP BASED BUSINESSES IF IF WE SET A LIMIT OF SEVEN THAT WOULD BE TALKING ABOUT THE FULL BLOWN DISPENSARIES ETC. ETC. SOMETHING LIKE A LIKE A FREESTANDING LIQUOR STORE LIKE A FREESTANDING LIQUOR STORE OR LIKE THE DISPENSARIES THAT ARE NOW COMING IN UNLIKE A LIQUOR STORE WHERE IN MINNESOTA IT'S VERY TIGHTLY REGULATED AND YOU ONLY CAN SELL ON THE YOU KNOW, YOU DON'T ALSO GET LIQUOR REAL LIQUOR IN A GROCERY STORE LIKE YOU DO IN MOST OTHER STATES. YOU DON'T ALSO GET LIQUOR IN A GAS STATION LIKE YOU DO IN MOST OTHER STATES AND SO IT'S A LITTLE BIT DIFFERENT IN THAT NOT QUITE APPLES TO APPLES FOR ME ON THAT I WAS I HAD THE SAME THANK YOU CHAIR I HAD THE SAME THOUGHT ABOUT THE GROCERY STORE I MEAN YEAH BECAUSE YOU CAN'T SELL LIQUOR IN A GROCERY STORE BUT THEN YOU'RE IN WE'LL SELL WEED IN A GROCERY STORE. I MEAN I DON'T KNOW IF THAT HOW MUCH SENSE THAT MAKES PERSONALLY AGAIN FROM THE EXPERIENCE I'VE HAD IN OTHER STATES I THINK THESE SPECIALIZED STORES HAVE A MUCH BETTER EXPERIENCE VERSUS FROM WALKING INTO A GAS STATION AND HAVE A VERY WEIRD LIKE AROUND THE LAW TYPE PRODUCT THAT YOU DON'T QUITE KNOW WHAT IT IS AND SOMEBODY SELLING THAT ALL DAY LIKE I DON'T KNOW JUST SOMETHING THAT'S PREDICTABLE IN A PROFESSIONAL SET UP I THINK IS A BETTER SCENARIO. THAT'S JUST MY PERSONAL I THOUGHT AND REGISTRATION LIMITATION COMMISSIONER ALBRECHT THANK YOU CHAIR I'M IN FAVOR OF THE NO REGISTRATION LIMITS AS WELL SO TO CLARIFY THE HAND THC PRODUCTS THERE WOULD BE NO CHANGE IN THAT THIS IS JUST CANNABIS SO THAT SO WE WOULDN'T WE WOULD NOT THE FLOWER FOR EXAMPLE IN A GAS STATION I BELIEVE THAT'S CORRECT THAT THE THE PRODUCTS THAT ARE COMING THE THE FULL LEGALIZATION OF MARIJUANA FULL STRENGTH IT WOULD LIKELY IS VERY LIKELY BE IN EXCLUSIVE RETAIL LOCATIONS BECAUSE OF KIND OF THEIR UNIQUE SECURITY AND CASH HANDLING OTHER NEEDS THE THE HEMP BASED PRODUCTS WHICH CAN BE IN ANY FORM FROM A BEVERAGE TO VAPORIZED TO EDIBLES WE'RE NOT PROPOSING ANY CHANGES TO THAT OTHER THAN TO MAKE THE FIVE THE 500 THAT'S THE 500 FOOT BUFFER THAT'S ON THE BOOKS NOW TO TAKE THAT DOWN TO 300 AS WAS PREVIOUSLY PRESENTED TO THE CITY COUNCIL LAST FALL. OKAY. YEAH I THINK I'M I AM IN FAVOR OF THE STAFFORD RECOMMENDATION HERE SO I HEARD ONE THOUGHT ONE RECOMMENDATION ON THE LIMITATION AND I HEARD GENERALLY OTHERWISE NO LIMIT. OKAY WELL THEY'RE TAKEN INTO CONSIDERATION. YEAH ALL THEN WHAT ELSE DO YOU HAVE FOR US SO THOSE ARE ALL THE QUESTIONS THAT I HAVE AM AND THEN I JUST HAVE THIS SLIDE THAT IS KIND OF THE NEXT STEPS. SO WE'RE GOING TO CITY COUNCIL FOR A STUDY ON JUNE 3RD AND THEN WE'LL BE BACK BEFORE ALL FOR A PUBLIC HEARING ON JUNE 20TH AND CITY COUNCIL PUBLIC HEARING ON JULY 1ST. THAT'S WHAT I HAVE ANYTHING ELSE FOR STAFF BEFORE THEY WRAP THIS ONE? THANK YOU. THANK YOU ALL. THANKS. ALL RIGHT. ITEM THREE IS ANOTHER STUDY ITEM ON STREAMLINED DEVELOPMENT APPROVALS AND. SENIOR PLANNER JOHNSON HAS THIS ITEM FOR US . YOU GIVE ME A CHAIR I DIDN'T EXPECT THAT TO WRAP UP SO SWITCH THERE IF I REMEMBER YOU WERE GATHERING PILE OF ALL THE MATERIALS WE HAD ON THIS SUBJECT OKAY GOOD TO SEE YOU THIS EVENING. I'LL GET MY PRESENTATION CUED HERE BUT THE TOPIC TONIGHT'S STUDY SESSION HAS TO DO WITH STREAMLINING AND INCREASING ADMINISTRATIVE DEVELOPMENT APPROVALS. SO THIS IS A PROJECT ON THE 2024 UH EXCUSE ME PLANNING COMMISSION WORK PLAN. I'LL SHARE MY SCREEN HERE . THANKS FOR YOUR PATIENCE. YEAH. SO, UM, HERE'S JUST A QUICK AGENDA SLIDE AS TO WHAT WE PLAN TO TALK ABOUT THIS EVENING. SO THE GOAL OF THE PRESENTATION HERE IS TO KIND OF PRESENT A FAIRLY LARGE AMOUNT OF INFORMATION TO YOU THAT WAS IN THE PACKET TRY AND GIVE IT TO YOU BROAD STROKES AND AND DETAIL AND WHAT WE'RE THINKING IS THAT MAYBE DISCUSSION AND DIRECTION CAN BE PROVIDED THROUGH SOME FACILITATION AT THE END OF THE PRESENTATION IF THAT'S OKAY SO WE'RE GOING TO GO OVER IS KIND OF THE BACKGROUND AS TO WHAT'S BROUGHT US HERE BEFORE AND WHY THIS PROJECT WAS ADDED TO THE WORKPLAN. WHAT ARE THE GOALS OF THE PROJECT? WHY DO IT AND THEN GO OVER THE ACTUAL PROJECTS THAT WE'RE GOING TO BE PRESENTING TO YOU? I KNOW THERE WAS TEN IN THE STAFF REPORT. I'LL GIVE YOU A QUICK UPDATE ON NEW PROJECT NUMBER 11 AND THEN DISCUSS SOME NEXT STEPS AND THEN SOLICIT YOUR FEEDBACK FOR WHERE TO TAKE THIS PROJECT. SO A LITTLE BIT OF BACKGROUND AS I MENTIONED IS A PROJECT ON THE ANNUAL WORKPLAN. SO THE LAST THAT THE CITY DID A MORE SIGNIFICANT UPDATE THAT KIND OF A THROUGH LINE OR CONNECTED TO THIS PROJECT WAS BACK IN 2009 AND SO THERE IS A NUMBER OF DIFFERENT PROCEDURAL UPDATES THAT WERE DONE TO THE ZONING CODE AT THAT TIME TO ESTABLISH WHO THE APPROVAL AUTHORITY WAS ON VARIOUS APPLICATION TYPES. THAT'S WHEN THE ADMINISTRATIVE OR PLANNING MANAGER APPROVAL WAS FIRST ESTABLISHED FOR CERTAIN TYPES OF FINAL SITE AND BUILDING PLANS OR THE SITE PLAN REVIEW AS WE REFER IN THE STF REPORT. AND SO THAT'S THE LAST MOST SIGNIFICANT EFFORT SINCE THAT TIME THERE'S BEEN INCREMENTAL OR LITTLE THINGS THAT HAVE BEEN TWEAKED ALONG THE WAY BUT WE HAVEN'T DONE A MORE SIGNIFICANT AT THIS IN 15 YEARS JUST IN TERMS OF WHAT'S BEEN HAPPENING IN THAT TIME AND KIND OF 21ST CENTURY REGULATORY ENVIRONMENT MORE, CITIES ARE LOOKING AT WAYS TO STREAMLINE THINGS IN ORDER TO CREATE A MORE DYNAMIC ECONOMIC ENVIRONMENT BUT ALSO TRYING ENCOURAGE THE PRODUCTION OF HOUSING SUPPLY AND OTHER TYPES OF DEVELOPMENT THAT CITIES ARE SORELY LACKING RIGHT NOW. SO THERE'S SOME FAMOUS ONES NATIONALLY THE GREEN TAPE PROGRAM AND SILVER SPRINGS, MARYLAND GOT A LOT OF ATTENTION AT THAT TIME JUST MOST RECENTLY AT THE NATIONAL PLANNING CONFERENCE THERE'S A PRESENTATION FROM THE BOISE, IDAHO STAFF. SOME OF YOU ATTENDED THAT AND MORE LOCALLY HERE CERTAINLY SOME CITIES HAVE OVERHAULED THEIR ZONING CODES AND THAT'S CERTAINLY ONE APPROACH THAT SOME CITIES TAKE AS THEY JUST DO A FULL OVERHAUL EITHER THROUGH A CONSULTANT OR SOME TYPE OF MORE SIGFICANT EFFORT. BUT ROCHESTER JUST WENT THROUGH THIS PROCESS. THEY'VE ADOPTED CALLED THE UNIFIED DEVELOPMENT CODE UDC AND THAT HAS TRANSITIONED ALMOST ALL OF THEIR APPROVALS ABSENT UNLESS OF COURSE THERE'S NEED FOR VARIANCES OR REZONINGS TO A FULL ADMINISTRATIVE PROCESS AND MORE LOCALLY. HOPKINS IS ANOTHER EXAMPLE. THERE ARE OTHER CITIES THAT HAVE MORE ADMINISTRATIVE APPROVALS OF COURSE THERE'S ALWAYS NUANCES WITHIN THEIR CODE AS YOU KNOW BLOOMINGTON'S CODE THERE'S ALWAYS SOME NUANCE TO BE HAD SO THEY JUST PROVIDE SOME OF KIND OF THE THE NATIONAL AND LOCAL CONTEXT . JUST TO NOTE THAT STAFF DID SCOUR THE COMPREHENSIVE PLAN AS WELL AS THEIR STRATEGIC PLAN AND WE FOUND MULTIPLE GOALS AND STRATEGIES THAT IN OUR VIEW ARE VERY SUPPORTIVE OF THIS BROADER SO WHY STREAMLINE? SO SIMPLY SPEAKING THE GOAL OF OF THESE EFFORTS IS BASICALLY TO LOWER BARRIERS AND COST FOR DEVELOPMENT APPROVAL. SO THERE'S A LOT OF VALUE AND BENEFIT KIND OF THE CURRENT REGIME OR THE CURRENT STRUCTURE THAT A LOT OF CITIES TAKE. THEY REALLY VALUE PUBLIC INPUT AND IT GIVES PEOPLE AN OPPORTUNITY FOR INFORMATION TO GET THEIR QUESTIONS ANSWERED. THAT'S CERTAINLY A POSITIVE THING BUT IT'S NOT HAVING A MORE FULL CONVERSATION WITHOUT KIND OF RECOGNIZING SOME OF THE COSTS AND SOME OF THE CHALLENGES AND DIFFICULTIES PARTICULARLY FOR PARTIES SEEKING DEVELOPMENT APPROVAL BUT EVEN JUST FOR CITIES THEMSELVES IN TERMS OF WHAT WHAT CAN BE ACCOMPLISHED AND THE TIMELINES ASSOCIATED THOSE THINGS. SO AS PART OF THIS PROJECT WE ESTABLISHED KIND OF FOUR CRITERIA OR EVALUATION METRICS THAT WE WANTED TO SEE AS PART OF THE SUB PROJECTS THAT WE STUDIED. BUT BASICALLY YOU KNOW WHAT ARE THE WAYS OR WHAT ARE THE BENEFITS OR WAYS TO STREAMLINE DEVELOPMENT EFFORTS TO REDUCE THE TIME NECESSARY TO GAIN APPROVAL, REDUCE THE FINANCIAL COST OF GOING THROUGH THE PROCESS, INCREASING THE PROCEDURAL SIMPLICITY PARTICULARLY WITH NEW ENTREPRENEURS OR PEOPLE STARTING BUSINESSES. IT CAN BE A VERY OVERWHELMING PROCESS FOR THEM WHEN THEY GET INTO REGULATORY AND THEN ALSO JUST INCREASING THE OR THE CONFIDENCE OF APPROVAL. WE'VE SHOWN YOU THE PYRAMID OF LAND USE DISCRETION 1 MILLION TIMES. I DON'T WANT TO GO THROUGH THAT EXERCISE AGAIN BUT EVEN ON SOME APPLICATIONS THAT JUST FROM A LAND USE LAW PERSPECTIVE PROBABLY LESS DISCRETIONARY THE WAY THAT THEY'RE PERCEIVED BY THE PUBLIC IF THEY STILL HAVE TO GO THROUGH A PUBLIC HEARING PROCESS AND AND DO THAT IT CAN BE SOMEWHAT INTIMIDATING AND DRIVE SOME UNCERTAINTY. SO THOSE ARE KIND OF THE FOUR METRICS THAT WE LOOK AT THAT WE EVALUATED OUR SUB PROJECTS ON IN TERMS OF HOW THEY MOVE THE NEEDLE IN THOSE WAYS. YOU KNOW WHY APPLIED APPROACH OR WHY TO PURSUE STREAMLINED DEVELOPMENT. CERTAINLY IT'S TO ENCOURAGE MORE ECONOMIC ACTIVITY TO HAVE A HEALTHY LOCAL BUSINESS SECTOR AND ALSO TO INCREASE HOUSING PRODUCTION. BOTH OF THOSE THINGS CAN BENEFIT FROM STREAMLINING DEVELOPMENT STREAMLINING SUPPORTS EQUITY AS I MENTIONED THE MORE COMPLEX THE REGULATORY ENVIRONMENT TO GAIN APPROVAL A PROJECT THAT REALLY FAVORS THE MORE RESOURCED AND MORE EXPERIENCED PEOPLE WITHIN THAT ARENA AND SO IF YOU'RE GETTING NEW ENTRANTS HAVING MORE COMPLEX REGULATORY IS PRETTY DIFFICULT INTEGRITY AND EFFECTIVENESS INTERNAL REVIEW MUST BE MAINTAINED SO THIS IS JUST A POINT TO STATE THAT FOR A LOT OF THESE CITIES THAT ARE PURSUING THESE KIND OF METHODS OR THIS APPROACH OF REVIEWING IT DOESN'T MEAN THAT THEY SHORTCHANGE OR DON'T ALL THE SAME INTERNAL STEPS THAT THEY WOULD ALWAYS DO IN TERMS OF REVIEWING ALL THE PLANS ALL OF THE DIFFERENT DEPARTMENTS AND DIVISIONS THAT REVIEW APPLICATION PRIOR TO PRESENTING IT TO YOU HERE AT A PLANNING COMMISSION OR A CITY COUNCIL MEETING. THOSE THINGS ALL STILL DO OCCUR REGARDLESS OF NOT TAKING THAT NEXT STEP. SO IT'S JUST IMPORTANT TO NOTE THAT SO AS I MENTIONED STAFF REPORT INITIALLY NOTED TEN SUBPROJECTS WE'VE RECENTLY HAD SOMETHING COME TO OUR ATTENTION THAT WE THINK IS A GOOD FIT FOR THIS PROJECT AND I'LL TALK ABOUT THAT ONE IN A LITTLE MORE DETAIL. IT'S I THINK IT'S FAIRLY STRAIGHTFORWARD BUT GIVEN THE FACT YOU DIDN'T HAVE ANY TIME TO PREP FOR THAT ONE, WE WILL DESCRIBE THAT IN A LITTLE BIT BETTER DETAIL TO YOUR FEEDBACK ON IT. BUT YEAH, WE LOOKED AT TEN SUB PROJECTS AND AS I MENTIONED WE KIND OF HOW WE SELECTED THE TEN SUB PROJECTS IS THAT WE WANTED THINGS THAT WOULD MOVE THE NEEDLE ON THE FOUR EVALUATION CRITERIA THAT DESCRIBED THEY ALL HAVE KIND OF VARYING LEVELS OF IMPACT. THAT'S NOT TO SAY THAT THEY SHOULDN'T BE PURSUED IF THEY ARE LOWER IMPACT. UM ONE THING I WOULD ADD YEAH JUST THAT THIS PRESENTATION GOING TO FOCUS MORE TIME AND KIND OF OXYGEN ON THE THINGS THAT WE THINK HAVE A LARGER IMPACT OR MORE SIGNIFICANT. SO PROJECTS ONE AND TWO JUST A NOTE WE ARE SKIPPING THE DRC REVIEW SUB PROJECT WHICH WAS PROJECT ALL DEVELOPMENT REVIEW COMMITTEE IS IS BASICALLY THE INTERNAL STAFF WORKING GROUP OF HOW WE REVIEW DEVELOPMENT BEFORE IT GOES TO A BUILDING PERMIT BEFORE IT GOES BEFORE YOU IN A FORMAL DEVELOPMENT APPLICATION. SO THERE'S JUST SOME MINOR CODE TWEAKS THAT WE'RE RECOMMENDING THAT MAKE IT EXPLICIT THAT IF IT'S A USE AS A PERMITTED USE AND JUST DOES PROCEED TO BUILDING PERMIT APPLICATION OR DOES NOT REQUIRE SITE PLANNING APPROVAL THAT WE CAN STILL USE THAT TOOL. SO JUST A NOTE ABOUT THAT SO I DID NOT ADD A SLIDE ABOUT THAT ONE BUT THE FIRST KIND OF MORE SIGNIFICANT SUBPROJECTS IS PROJECT NUMBER TWO AND THREE. SO WHAT THIS HAS TO DO WITH IS THAT DEPENDING THE CITY THAT YOU'RE OPERATING IN , EVEN IF YOU ARE A PERMITTED USE AND YOU'RE FOR A NEW BUILDING, A NEW DEVELOPMENT, WHAT YOU WILL NEED TO DO IS GAIN SITE PLAN APPROVAL. AND IN BLOOMINGTON THAT'S CALLED FINAL SITE AND BUILDING PLANS WHAT WE'RE TALKING ABOUT IS PROJECTS THAT DON'T HAVE ANY VARIANCES CONDITIONAL USE PERMITS OR REZONINGS ASSOCIATED WITH THEM. OFTENTIMES, YOU KNOW THE PROJECTS YOU'RE LOOKING AT TEND TO DO BUNDLE A FEW THINGS PUT TOGETHER BUT NOT ALWAYS. WE DO HAVE PROJECTS THAT ARE JUST SIMPLY FINAL SITE AND BUILDING PLANS SO JUST A NOTE AGAIN JUST TO REITERATE NO MATTER WHAT DIRECTION GO, EVEN IF IT'S PAIRED WITH ONE OF THESE OTHER APPLICATION TYPES LIKE REZONING OR VARIANCE IT'S STILL AUTOMATICALLY ONCE IT'S BUNDLED TOGETHER TRIGGERS THAT MORE EXTENSIVE REVIEW IT HAS TO FOLLOW THE KIND OF MOST SIGNIFICANT REVIEW PATH I WANT ASPECT OF YOU KNOW THERE'S BOTH VALUE AND COST IN BUT REQUIRING SITE PLAN REVIEW DOES HAVE A PUBLIC I SPOKE ABOUT BOTH KIND OF THE PLUSES AND MINUSES OF THAT IT DOES HELP KEEP RESIDENTS INFORMED AND ENGAGED THE PROCESS ON THE OTHER HAND ON CODE COMPLYING PROJECTS WHERE THE COMMISSION AND CITY COUNCIL HAS SOMEWHAT LESS DISCRETION IF A PROJECT CODE COMPLIANT SOMETIMES IT CAN SET UP KIND OF THAT FALSE YOU KNOW, DYNAMIC WHERE THE TESTIMONY CAN TRY AND GET SIGNIFICANT CHANGES TO THE PROJECT OR THE PROJECT NOT GO FORWARD AS ALL AND THE CITY IS NOT ON SOLID GROUND IN SOME OF THOSE INSTANCES. SO JUST ONE THING TO BE COGNIZANT OF WE DID PUT TOGETHER BOTH FOR THIS ONE AND THE CONDITIONAL USE PERMIT SOME PROJECT JUST KIND OF A GENERAL IDEA OF WHAT ADMINISTRATIVE APPROVAL LOOKS LIKE VERSUS A PLANNING COMMISSION ACTION OR A CITY COUNCIL ACTION. SO WHEN WE'RE TALKING ABOUT TIME AND YOU KNOW FINANCIAL COSTS, SOME OF THESE FINANCIAL OR SOME OF THESE APPLICATION FEES MAY NOT SEEM THAT BUT SOMETIMES IN ADDITION TO THAT IT MIGHT THE APPLICANT TO WORK WITH CONSULTANTS TO PREPARE MORE KIND OF SHARPER OR MORE COMPLETE DRAWINGS THAN THEY MIGHT NOT OTHERWISE NEED IF IT WASN'T AN ADMINISTRATIVE PROCESS SOME SOME DEVELOPERS HIRED CONSULTANTS JUST TO KIND OF BE THEIR AND THEIR SPOKESPERSON AT MEETINGS LIKE THIS SO THAT CAN SOMETIMES BE BE THE CASE BUT THIS GIVES YOU AN IDEA IN TERMS OF SOME OF THE TIME SAVINGS AND COST SAVINGS ASSOCIATED WITH SOME OF THESE DIFFERENCES. SO YOU KNOW, A 2 TO 3 WEEK PROCESS VERSUS A 7 TO 9 WEEK PROCESS, THAT'S PRETTY SIGNIFICANT WHEN YOU'RE TALKING ABOUT YOU KNOW, IN TERMS OF MEETING THE MARKET, ESTABLISHING A NEW BUSINESS OR, WHATEVER THE CASE MAY BE, GETTING INTO A NEW SPACE OFTEN. SO THERE'S REALLY TWO OPTIONS TO CONSIDER FOR THE CITY HERE UNLESS YOU KNOW, UNLESS THAT WAS JUST MAINTAINING THE STATUS QUO. BUT OPTION ONE IS THAT SOME CITIES ALLOW FULLY FULLY ADMINISTRATIVE SITE PLAN REVIEW. IN FACT SOME CITIES ACTUALLY DO NOT HAVE A FORMAL SITE PLAN ZONING APPROVAL PROCESS WHEN IT'S A PERMITTED USE AND THE PROJECT IS FULLY COMPLIANT SO IN THE INSTANCES OF SOME OF THOSE CITIES EVEN SAY YOU KNOW A FOUR STORY MULTI-FAMILY APARTMENT BUILDING THEY CAN LITERALLY JUST SUBMIT BUILDING PERMIT TO THE CITY. THERE'S NO PUBLIC HEARING AS LONG AS ALL OF THEIR MEET ALL OF THE REQUIRED CONTENT THAT THEY HAVE TO SUBMIT AND THEY'RE DEMONSTRATING COMPLIANCE WITH ALL THE CITY CODE THOSE PROJECTS CAN PROCEED TO AN ADMINISTRATIVE SITE PLAN APPROVAL USUALLY BY A COMMUNITY DEVELOPMENT DIRECTOR, PLANNING MANAGER AND THE LIKE OR JUST STRAIGHT BUILDING PERMIT. SO THIS IS ONE OF THE POTENTIAL OPTIONS IN OUR VIEW THAT CUTS THE REVIEW TIME BASICALLY IN HALF THE DOWN STROKE OF A FULLY ADMINISTRATIVE PROCESS IS THAT YOU'RE GOING TO HAVE SOME PROJECTS THAT ARE ON THE SMALLER END OF THE SCALE. YOU'RE GOING TO HAVE SOME PROJECTS THAT ARE QUITE LARGE AND SIGNIFICANT YOU KNOW, MIGHT HAVE MORE TRAFFIC IMPACTS, MIGHT HAVE OTHER THINGS THAT RESIDENTS ARE NOT ANTICIPATING. SO RIGHT NOW AS I MENTIONED BEFORE, YOU KNOW, IT'S ESSENTIAL THAT THE ACCURACY AND INTEGRITY OUR REVIEW AS A STAFF CONTINUES TO BE MAINTAINED AT A HIGH LEVEL. BUT THERE IS THOSE TRADEOFFS. SO AT THIS POINT, YOU KNOW, THE STAFF RECOMMENDATION WOULD BE MORE IN LINE WITH MAINTAINING SOME LEVEL OF A PUBLIC HEARING PROCESS FOR LARGER PROJECTS AND I CAN KIND OF WALK THROUGH THAT LITTLE BIT BETTER ON THE NEXT SLIDE. BUT THAT BEING SAID, IF THE PLANNING COMMISSION AND CITY COUNCIL WANTED TO AGAIN CUT OF THAT RED TAPE, OUR STAFF IS CERTAINLY WILLING AND ABLE TO PROCEED IN THAT DIRECTION AND WE HAVE THE WE'RE CONFIDENT IN OUR ABILITIES TO DO THAT. SO OPTION NUMBER TWO RELATED TO THIS SUB PROJECT OF SITE PLAN APPROVAL IS KIND OF BUILDING OFF THE WORK THAT WAS DONE IN 2009. SO CURRENTLY THE MANAGER ROLE I MEAN THERE'S OTHER STAFF PEOPLE ACCORDING TO CITY CODE THAT HAVE SOME ADMINISTRATIVE ABILITIES TO APPROVE THINGS LIKE AIRPORT ZONING PERMITS OR OTHER THINGS. BUT WHEN WE'RE TALKING ABOUT FINAL SITE AND BUILDING PLANS IT'S REALLY THE PLANNING MANAGER AND SO JUST KIND OF LOOKING AT SOME OF THE AN EXHIBIT ONE ATTACHED TO THE STAFF REPORT PROVIDED YOU KIND OF IT'S SOME EXAMPLES OF RECENT PROJECTS THAT WERE APPROVED AS PART OF FINAL SITE AND BUILDING PLANS KIND OF LOOKING THROUGH A LOT OF THOSE RECENT EXAMPLES THE NUMBERS THAT WE LANDED ON THAT WE WERE VERY CONFIDENT YOU KNOW IN TERMS OF EXPANDING THOSE ADMINISTRATIVE ABILITIES WOULD BE NEW BUILDINGS WITH A GROSS AREA OF 10,000 SQUARE FEET OR LESS CURRENTLY OF ILLUSS SOME OF THE DIFFICULTY OF HAVING THAT SMALL OF A PROPORTIONALITY CONSIDERATION AND THEN ADDING MULTI-UNIT ADDING UNITS TO A MULTI RESIDENT OR A MULTI-UNIT RESIDENTIAL PROJECT. WHAT WE SOMETIMES SEE IS THAT APARTMENTS WANT TO CONVERT THEIR CLUBROOM OR TURN ONE LARGE UNIT INTO TWO SMALLER UNITS RIGHT NOW JUSTO DO THAT SIMPLE CHANGE THEY DO NEED TO COME BEFORE THE PLANNING COMMISSION TO GAIN APPROVAL OF THAT BECAUSE THE PLANNING MANAGER DOES NOT HAVE THE AUTHORITY TO INCREASE THAT TO A NUMBER DWELLING UNITS IN MULTIFAMILY SETTINGS YEAH SO THAT SOMETHING TO CHEW ON THERE WE DID OF COURSE DO A PEER REVIEW OF OUR YOU KNOW SURROUNDING CITIES AND THE LARGER CITIES WE TYPICALLY DO SO A COUPLE OF THINGS YOU'LL SEE HERE BURNSVILLE AND EAGAN IT'S A STRAIGHT TO BUILDING PERMIT SITUATION LANE MAPLE GROVE LAKEVILLE DO ALLOW ADMINISTRATIVE SITE PLAN REVIEW. ONE THING I DO WANT TO CAUTION WITH AN ANALYSIS LIKE THOUGH IS THAT IT DOESN'T REFLECT THE COMPLEXITY OF THEIR ZONING CODE . SO YOU HAVE SOME CITIES WHERE MAYBE 80% OF THE PROJECTS GO THROUGH ARE ABLE TO BE CODE COMPLIANT AND GO THROUGH FINAL SITE AND BUILDING PLAN OUR VERSION OF THAT APPROVAL WITHOUT HAVING TO SEEK, YOU KNOW, FLEXIBILITY OR GO THROUGH PLAN DEVELOPMENT PROCESS. YOU HAVE SOME CITIES THAT YOU KNOW A LARGE PROPORTION OF THEIR LARGER DEVELOPMENT APPLICATIONS ARE PLANNED DEVELOPMENTS. SO IT MIGHT SAY UP THERE. YOU KNOW, WE HAVE AN ADMINISTRATIVE SITE PLAN APPROVAL PROCESS AS WELL IF ONLY 25 OR YOU KNOW, 15% OF YOUR PROJECTS ARE ABLE TO GO THROUGH THAT BECAUSE. THEY NEED FLEXIBILITY. AND YOU KNOW, I'M JUST CAUTIONING ON ONE PIECE OF THE DATA THERE BUT ANECDOTALLY OR I MEAN WITH THIS DATA, YOU KNOW, FIVE CITIES OUT OF THE 11 THAT WE LOOKED AT AND THEN ANECDOTALLY KNOW RAPIDS ALLOWS SOME FORM OF ADMINISTRATIVE SITE PLAN REVIEW ROSEVILLE DOES AS WELL AND AGAIN THAT'S LARGE PROJECTS SO LONG AS THEY'RE FULLY CODE COMPLIANT. YEAH, I THINK THAT'S THE KEY THERE. SO PROVIDED AN EXHIBIT IN THE STAFF REPORT GIVING YOU KIND OF A WIDE I CAN PULL THE EXHIBIT UP IF IT'S HELPFUL SOME POINT LATER DURING Q&A BUT SUFFICE TO SAY YOU KNOW WE GET A LOT OF DIFFERENT DEVELOPMENT APPLICATIONS JUST FROM OUR RANGE AND SCALE THE TOP LEFT YOU KNOW THAT WAS A 6000 SQUARE FOOT WAREHOUSE BUILDING DONE ON 86TH STREET. PRETTY STRAIGHTFORWARD REVIEW THE ADDITION TO THE SCHNEIDERMAN'S FURNITURE BUILDING, YOU KNOW, 4000 SQUARE FEET THAT WOULD EXCEED THE CURRENT ALLOWANCE FOR PLANNING MANAGER APPROVAL. DONALDSON THAT'S YOU KNOW, EXAMPLE PRETTY CLOSE TO HERE AND CITY HALL YOU SEE IT ALONG 35 W AS AN ADDITION TO THEIR TECHNOLOGY CAMPUS THAT WAS A 14,000 SQUARE FOOT PROJECT AND THEN YOU KNOW, OF COURSE HOTELS SELF-STORAGE FACILITIES, OTHER THINGS HAVE GONE THROUGH FINAL SITE AND BUILDING PLANS THAT ARE ACTUALLY QUITE LARGE ON A FEW MULTI-FAMILY AS WELL. SO IT REALLY CAN SPAN THE GAMUT JUST TO THINK ABOUT WHEN YOU'RE THINKING WHETHER TO EXPAND THE CURRENT ALLOWANCES OR GO FULLY ADMINISTRATIVE. SO THIS IS KIND OF A NUANCED ONE BUT AND I'M NOT GOING TO SPEND TOO MUCH TIME ON IT BUT CURRENTLY WE DO NOT REQUIRE FINAL SITE AND BUILDING PLANS TO BUILD A NEW SINGLE FAMILY HOME. YOU SIMPLY HAVE TO SUBMIT A BUILDING PERMIT AS LONG AS YOUR CODE COMPLYING. YOU KNOW THE CITY PLANNING STAFF OBVIOUSLY REVIEWS THAT OTHER DIVISIONS AND DEPARTMENTS REVIEW IT. THEN WE JUST ISSUE BUILDING PERMIT CURRENTLY BOTH ACCESSORY DWELLING UNITS AND TWO FAMILY DWELLINGS REQUIRE FINAL SITE AND BUILDING PLANS FOR APPROVAL IN STAFF'S JUDGMENT WE'RE VERY CONFIDENT AND COMFORTABLE THAT THOSE USE TYPES CAN BE TREATED THE SAME AS SINGLE FAMILY DWELLINGS. THEY'RE VERY SIMILAR JUST FROM A REVIEW. THEY'RE NOT OVERLY SO WE WOULD RECOMMEND OF JUST REMOVING EXTRA LAYER OF ZONING APPROVAL PRIOR TO THEM BEING ABLE TO SUBMIT FOR BUILDING PERMIT APPROVAL. YEAH SO CONDITIONAL USES REVIEW EXHIBIT TWO IS KIND OF A BEHEMOTH IN THE STAFF REPORT WE SPENT A LOT OF STAFF HOURS REVIEWING ALL 112 USES IN THE BLOOMINGTON ZONING CODE THAT ARE CURRENTLY DESIGNATED AS CONDITIONAL. BUT BEFORE I GET INTO THAT JUST A REAL QUICK SUMMARY OR YOU ALL HAVE REVIEWED A LOT OF CONDITIONAL USE PERMITS OVER THE YEARS. I THINK YOU'RE FAIRLY FAMILIAR WITH KIND OF THEIR PURPOSE AND WHAT VALUE THEY ADD BUT TYPICALLY CITIES HAVE DESIGNATED CERTAIN USES THAT ARE MORE OFTEN CAUSE KIND OF NUISANCE CHARACTERISTICS, HAVE SOME LOCATIONAL CONCERNS OR JUST GREATER DISCRETION THAN OTHER LAND USES TYPICALLY AS USES. AND SO PART OF THE VALUE IS HAVING THAT SIDE BY SIDE ANALYSIS THAT WOULD INVOLVE A PUBLIC HEARING AND INVOLVES THAT PUBLIC INFORMATION OF COURSE AND ALLOWS TO TAKE TESTIMONY. AND SO THAT'S KIND OF REALLY THE PURPOSE BEHIND BUT SIMILAR TO THE DISCUSSION ABOUT FINAL SITE AND BUILDING PLANS THAT ALSO COMES WITH A COST IT TAKES TIME TO TO GO THAT PROCESS AND SOME APPLICANTS UPON LEARNING OF CONDITIONAL USE PERMITS NOT MANY BUT SOME JUST DECIDE TO LOOK ELSEWHERE OR NOT PURSUE THE PROJECT. SO WHAT ARE THE STRENGTHS AGAIN IT DOES OFFER THE CITY GREATER DISCRETION. IT'S NOT A SIGNIFICANT AMOUNT OF DISCRETION LIKE A REZONING APPLICATION. YOU'RE NOT ALLOWED TO MAKE ARBITRARY AND CAPRICIOUS DECISIONS. IT HAS TO BE TIED TO SOME SOMETHING INCORRECT WITH THEY'RE NOT IN COMPLIANCE OF THE CITY CODE OR SOME MAJOR ISSUE FROM A HEALTH SAFETY WELFARE STANDPOINT BUT THERE IS SOME GREATER DISCRETION THERE THAN PERMITTED USES. OF COURSE THE OTHER STRENGTH AND VALUE AGAIN IS THE PUBLIC NOTICE I'VE BEEN MENTIONING THAT AND THEN CORRECTION OF VIOLATION THIS IS THIS DOES NOT COME UP VERY OFTEN IN FACT I DON'T GLEN COULD CORRECT ME BUT I DON'T THINK THERE'S BEEN ANY CONDITIONAL USE PERMIT SUSPENDED OR REVOKED IN THE TIME THAT I'VE BEEN IN BLOOMINGTON'S SINCE 2015. SO IT'S QUITE RARE BUT. THAT BEING SAID IT CAN BE UTILIZED AS A MECHANISM TO SEEK A FASTER CORRECTION IF THERE ARE VIOLATIONS OF SOME KIND OF THE CITY CODE WHAT ARE THE WEAKNESSES AND COSTS OF STEPS? SO AGAIN AS I MENTIONED UNCERTAINTY OF APPROVAL TAKES MORE TIME AS YOU CAN SEE PERMITTED USES AND THIS IS WHERE WE'RE A BUILDING PERMIT REVIEW YOU KNOW, PERMITTED USE TO THREE WEEKS A CONDITIONAL USE APPROVED BY THE PLANNING COMMISSION 8 TO 10 WEEKS IF IT'S ONE OF THE 22 USES THAT THE CITY COUNCIL HAS TO WEIGH IN ON, THEN IT'S 10 TO 12 WEEKS. SO TALKING ABOUT THREE MONTHS BEFORE THEY CAN START OPERATING OR START CONSTRUCTION EVEN DEPENDING ON WHAT THE NATURE OF THE PROJECT IS. YEAH AND THERE'S A FINANCIAL COST TO THAT YOU KNOW AGAIN THE FEES AREN'T SO SIGNIFICANT BUT SOMETIMES WHAT IT WHAT YOU SEE ON THE BEHIND THE CURTAIN IS USUALLY MORE THAN WHAT YOU'RE SEEING IN THE APPLICATION FEES IF THAT MAKES SENSE. SO I DO WANT TO POINT THAT OUT OKAY. SO THERE'S 112 USES IN THE BLOOMINGTON CODE THAT ARE DESIGNATED AS CONDITIONAL AS I MENTIONED. SO STAFF EVALUATED ALL 112 OF THEM IT TOOK US IT TOOK US FAR TOO LONG IN THE MCCLOUD CONFERENCE ROOM MULTIPLE BUT SO WE WANTED TO SET UP CRITERIA OF HOW WE'RE EVALUATING THIS. IT CAN'T JUST BE LIKE PUTTING A FINGER IN THE AIR AND ME THIS ONE DOESN'T FEEL RIGHT THAT ONE. YEAH. KEEP IT THE WAY IT IS. SO WHAT WE DID IS WE WANTED TO DETERMINE A IF THE PARTICULAR USE HAS USE BASED STANDARDS. SO THERE'S A SECTION OF ZONING CODE SELF-STORAGE FACILITIES AS AN EXAMPLE OF THAT MEDICAL MARIJUANA FACILITIES BUT MAYBE NOT IN THE FUTURE. IN OTHER WORDS, THERE'S LOT OF USES THAT HAVE USED SPECIFIC STANDARDS AND THE REASON WHY THOSE USE SPECIFIC STANDARDS ARE REALLY HELPFUL IS THAT THEY CREATE OPERATIONAL AND SITE REQUIREMENTS FOR THOSE TYPES OF USES THAT REALLY TRY AND OR PRECLUDE KIND OF THE NUISANCE CHARACTERISTICS ASSOCIATED WITH CONDITIONAL USE PERMITS FOR EXAMPLE DATA CENTERS, SELF-STORAGE FACILITIES THOSE ARE BUFFER REQUIREMENTS RESIDENTIAL USES ACCORDING TO THEIR USE BASED STANDARDS PET SERVICE ANOTHER EXAMPLE OF THAT. SO IN TERMS OF EVALUATING WHETHER USE CAN BE PERMITTED OR NOT HAVING USE BASED STANDARDS A HELPFUL INDICATOR ON WHETHER OR NOT WE FEEL LIKE WE HAVE GOOD STANDARDS IN PLACE TO ADDRESS THE USE. THE OTHER THING CERTAINLY WHAT ZONING DISTRICTS IT'S ALLOWED IN THAT'S ANOTHER THING THAT'S CRITICAL TO UNDERSTAND IN TERMS OF WHETHER OR NOT TO MAKE IT PERMITTED NOT ANOTHER CRITERIA WHICH SLIGHTLY MORE SUBJECTIVE THAN THE USE STANDARDS CRITERIA BUT THE POTENTIAL FOR NUISANCE SO WHAT OUR YOU KNOW WHAT ARE DIFFERENT FORMS OF NUISANCE DUST VIBRATION TRASH TRUCK TRAFFIC I THINK THERE WAS A FEW MORE LISTED IN THE STAFF REPORT BASICALLY THOSE ARE THE THINGS THAT CAN CREATE USE CONFLICTS AND SO USES THAT HAVE GREATER NUISANCE CHARACTERISTICS SOMETIMES WARRANT GREATER SCRUTINY. THE OTHER THING I'D SAY IS JUST I THINK YOU KNOW CERTAINLY THE ANECDOTAL EXPERIENCE OF STAFF WORKING ON THESE DIFFERENT THINGS PROBABLY PLAYS A FACTOR TOO INTO SOME OF OUR RECOMMENDATIONS BUT BETWEEN THOSE THREE THAT'S KIND OF THE MAJOR THING. THE TWO OTHER THINGS I WOULD SAY ABOUT STAFF'S RECOMMENDATIONS OF WHAT TO DO WITH ALL THESE CONDITIONAL USES IS THAT SOME OF THESE USES AS WAS DISCUSSED IN THE LAST ITEM HAVE LICENSES ASSOCIATED WITH THEM AND SOME OF LICENSES HAVE RESTRICTIONS WITHIN THEM AS WELL. AND THE LAST THING IS THAT MANY OF THESE USES HAVE SOME FORM OF LIMITATION WITHIN THE DEFINITION OF THE USE ITSELF. AND SO OFTENTIMES WHAT WE FIND IS LIKE A A LIMITED A FINANCIAL INSTITUTION LIMITED FOR EXAMPLE ISN'T ALLOWED TO HAVE A DRIVE THROUGH ATM AND THAT'S IN THE DEFINITION IT'S NOT IDEAL PLANNING AND ZONING PRACTICE TO HAVE STANDARDS WITHIN DEFINITIONS BUT THAT WAS JUST THE HISTORIC PRACTICE FOR MANY CITIES FOR MANY YEARS. SO WE DO STILL HAVE SOME OF THOSE REMNANTS THAT EXIST. SO SOMETIMES IT'S ALSO A FUNCTION OF HOW THEY USE IS DEFINED IN TERMS OF HOW IT'S A LIMITED MOTOR VEHICLE REPAIR MINOR FOR EXAMPLE YOU CAN'T YOU CAN'T DO BODY WORK WITH MOTOR VEHICLE REPAIR MINOR SO JUST TO NOTE THA AND SO SO WHAT DOES ALL THIS MEAN? IT MEA WE PUT TOGETHER A BIG MATRIX EXHIBIT TO OF THE 112 CONDITIONAL USES WE'RE RECOMMENDING THAT 57 OF THEM ARE BE MADE PERMITTED ON SOME LEVEL THAT'S ALMOST 50% OF OR THAT'S ACTUALLY A LITTLE OVER PERCENT OF THE CONDITIONAL USES BE PERMITTED ON SOME LEVEL. THE ONE THING THAT'S REALLY IMPORTANT TO NOTE ABOUT THAT THOUGH AND I KNOW I'VE GONE ON ABOUT THIS FOR A WHILE BUT THERE IS VARIOUS NUANCED RECOMMENDATIONS IN THE STAFF NOTES IN SOME CASES. SO I'LL GIVE YOU ONE EXAMPLE OF THAT. ONE IS THAT WE CURRENTLY IT'S A CONDITIONAL USE TO HAVE A TENNIS COURT AT SINGLE FAMILY HOME THAT WOULD USE CREATED PRIOR TO THE CITY ADOPTING STANDARDS FOR SPORT COURTS AND SO WHEN THAT WHEN WE SUGGEST MAKE IT PERMITTED ON SOME LEVEL IN THAT PARTICULAR CASE WHAT YOU'LL FIND IN THE NOTES IS THAT ACTUALLY JUST DELETING THAT USE ALTOGETHER BECAUSE IT ALREADY COURTS WOULD ALREADY BE SUBJECT TO OUR SPORT COURT STANDARDS FOR EXAMPLE SETBACKS SO IN OTHER WORDS JUST IF IT'S GREEN IT DOESN'T JUST MEAN IT'S CONDITIONAL NOW AND IT'S ALL GOING PERMITTED IN MANY CASES ALSO THERE ARE EITHER ACCESSORY OR LIMITED DESIGNATIONS AND AGAIN ACCESSORY MEANS LIMITED TO 10% OF BUILDING FOR AREA LIMITED TO 25%. SO FOR SEVERAL OF THE RECOMMENDATIONS IN THOSE CASES IT SUGGESTS RETAINING THAT LIMITED DESIGNATION. AND THEN THE LAST THING I'LL SAY ABOUT IT IS THAT WE'RE NOT RECOMMENDING ANY NEW USES GET ADDED TO ZONES WHERE THEY DON'T CURRENTLY EXIST. THIS IS EVALUATING THE USE MATRIX BASED ON WHERE ALL THE USES ARE CURRENTLY ALLOWED NOW EITHER CHANGING THEIR DESIGNATION FROM PERMITTED TO CONDITIONAL. SO IT'S KIND OF A BIG A BIG TASK I'M NOT GOING TO GO ALL THE 57 USES I CERTAINLY CAN STAND AND TAKE QUESTIONS ABOUT INDIVIDUAL ONES IF YOU HAVE THEM. I HAVE THESE SLIDES TO REFER TO WHERE WE LIST THEM SO THE NEXT THREE SLIDES LISTS ALL OF THOSE 57 USES I CAN COME BACK TO AND THEN OF COURSE I ALSO HAVE I CAN GET OUT OF THIS PRESENTATION SLIDE DECK AND GO TO THE MATRIX ITSELF. ALL OF THE USES IN THE MATRIX ARE IDENTIFIED BY NUMBER SO IF YOU HAVE QUESTIONS ABOUT SPECIFIC ONES IT'S HELPFUL TO PROBABLY IDENTIFY BY THE USE NUMBER IN THE BUT WE CERTAINLY CAN TALK CHAD ABOUT IT VIA THE LIST AND GO THROUGH IT AS WELL BUT YOUG PLAN COMPONENT OF THE MOST SIGNIFICANT ASPECTS OF THIS STUDY. OKAY PROJECT NUMBER SIX. SO AS I MENTIONED THE PLANNING AND SOME THIS IS GOING TO BE KIND OF A THEME IS LIKE ONE OF THE WAYS TO STREAMLINE DEVELOPMENT IS TO GREATER EMPOWER THE PLANNING COMMISSION TO HAVE MORE APPROVAL AUTHORITY BECAUSE MANY OF THE APPLICATIONS YOU MAKE RECOMMENDATIONS ON OFTENTIMES THEY END UP ON THE CONSENT AGENDA AT CITY COUNCIL AND THE CITY COUNCIL TYPICALLY DOES NOT REMOVE THEM FROM THE CONSENT AGENDA. SO NOW EXCEPT FOR THE RARE CASE YOU'VE NOW ADDED KNOW 2 TO 3 WEEKS DEPENDING ON HOW THE MEETINGS LINE UP FOR THE APPROVAL TO ACTUALLY GET EFFECTUATED SO ONE OF THE RECOMMENDATION IS THAT STAFF HAS IS THAT THERE'S 22 CONDITIONAL USES AND TWO INTERIM USES PER THE CODE RIGHT NOW THAT THE CITY COUNCIL HAS TO APPROVE OTHERWISE THE PLANNING COMMISSION HAS THE AUTHORITY TO APPROVE THE OTHER ONES SUBJECT TO A THREE BUSINESS DAY APPEAL PROCESS. STAFF WOULD RECOMMEND THA ALL OF THE CONDITIONAL USES BE APPROVED BY THE PLANNING COMMISSION SUBJECT TO AN APPROVAL TO AN APPEAL PROCESS HAVING AN APPEAL PROCESS AND WE'LL TALK YOU KNOW THIS RELATES TO ALL THE NEXT SEVERAL ITEMS IS THAT IT ALWAYS GIVES FOR USES OR DEVELOPMENTS THAT ARE UNDER GREATER SCRUTINY OR WARRANT YOU KNOW ADDITIONAL CONSIDERATION THE PUBLIC OF THE APPLICANT DEVELOPER WHOEVER THE CITY COUNCIL THEMSELVES IN SOME CASES CAN CHOOSE TO APPEAL THE DECISION OF THE PLANNING COMMISSION AND SO THAT THAT CERTAIN THAT PATHWAY WOULD STILL BE AVAILABLE AS A ALTERNATIVE IF THE PLANNING IN COUNCIL WERE NOT SUPPORTIVE OF THIS RECOMMENDATI THEY COULD IDENTIFY SPECIFIC USES WITHIN THE LIST THAT COULD BE MOVED TO THE PLANNING COMMISSION. I THINK THERE'S SEVERAL SO THIS IS THE LIST THESE ARE THE 22 USES THAT REQUIRE CITY COUNCIL APPROVAL. NOW AGAIN I'M NOT GOING TO GO THROUGH THE SPECIFICS OF THE LIST BUT THIS IS KIND OF THE SAME WAY THE CONDITIONAL USE MATRIX SET UP. WE LOOK AT WHETHER THERE'S USED STANDARDS WHAT WHAT ARE THE POTENTIAL FOR NUISANCE WHAT ARE SOME ADDITIONAL NOTES ABOUT ABOUT THESE USES THE SAME THING FOR INTERIM USES OPEN STORAGE IS NO LONGER ALLOWED IN BLOOMINGTON SO WE'RE NOT SURE WHY THAT ONE'S STILL THERE BUT YOU THAT HAPPENS REMOTE AIRPORT PARKING THAT ONE WAS RECENTLY BEFORE YOU SO STAFF IS RECOMMENDING THAT ALL OF THESE APPLICATION TYPES HAVE THE ABILITY TO BE ACTED UPON THE PLANNING COMMISSION SUBJECT TO APPEAL THAT'S OUR RECOMMENDATION SO PROJECT NUMBER EIGHT SIMILAR THEME WHO HAS THE AUTHORITY TO APPROVE THESE APPLICATIONS? SO UNDER STATE LAW CITY COUNCIL'S CAN ACT AS THE BOARD OF ADJUSTMENT. THEY CAN DESIGNATE THE PLANNING COMMISSION AS THE BOARD OF ADJUSTMENT OR THEY CAN CREATE A BOARD OF A SEPARATE BOARD OF ADJUSTMENT IN BLOOMINGTON THE CITY COUNCIL ACTS AS THE BOARD OF ADJUSTMENT WHICH MEANS THEY'RE THE BODY THAT APPROVES VARIANCES. STAFF WOULD PROPOSE THAT THE PLANNING COMMISSION SERVE AS THE BOARD OF ADJUSTMENT SIMILAR TO MY COMMENT HOW A LOT OF APPLICATIONS END UP ON THE CONSENT AGENDA. THAT'S MOST OFTEN THE CASE WITH VARIANCE APPLICATIONS AS WELL YOU COULD ESTABLISH AN APPEAL PROCESS SO IF APPLICANT OR THE PUBLIC OR THE COUNCIL DID NOT AGREE WITH THE DECISION BY THE PLANNING COMMISSION, THEY CERTAINLY WOULD HAVE THE ABILITY TO APPEAL THAT DECISION. WE DID LOOK AT AGAIN OUR PEER CITIES MOST OF THEM TO HAVE THE CITY COUNCIL SERVE AS THE BOARD OF ADJUSTMENT. WE DID FIND TWO LOCAL EXAMPLES IN EDINA AND IN PRAIRIE THAT DO HAVE THEIR PLANNING COMMISSION SERVE AS THEIR BOARD OF ADJUSTMENT. THEY HAVE LONGER APPEAL PERIODS I THINK A DINAH WAS TEN DAYS AND EDEN PRAIRIE MAYBE 15 DAYS. THE ONE COMMENT I'LL MAKE ABOUT THAT IS THAT WHEN YOU HAVE A TEN OR 15 DAY APPEAL PERIOD YOU'RE REALLY NOT SHORTENING THE TIMELINE OR THE PROCESS. SO THAT IS WHY IF THE CITY WERE TO GO IN THIS DIRECTION STAFF WOULD RECOMMEND MAINTAINING THE THREE DAY APPEAL PERIOD. ANECDOTALLY IN KIND OF MY EXPERIENCE DEALING WITH DEVELOPMENT APPLICATIONS IF THERE'S A PARTY WHO IS GOING TO APPEAL A DECISION THEY'RE TYPICALLY READY TO DO SO SHORTLY THEREAFTER THE ACTION IS COMPLETED. THAT MEANS THEY'RE PRETTY ENGAGED IN THE PROCESS AND IT DOESN'T TAKE A VERY DETAILED LETTER OR FORM TO PUT TOGETHER TO DO SO. SO WHAT OTHER SUB PROJECTS ARE THERE? I TALKED ABOUT DRC REVIEW PROJECT SEVEN WAS GRANTING PLANNING COMMISSION AUTHORITY TO APPROVE FINAL DEVELOPMENT PLANS THAT HAVE NO FLEXIBILITY ASSOCIATED WITH THEM. WE'VE SEEN LOTS OF FOOTPATHS HAVE TO GO TO CITY COUNCIL EVEN WHEN THEY DON'T HAVE ANY FLEXIBILITY IN . OUR PERSPECTIVE THAT'S NO DIFFERENT THAN FINAL SITE AND BUILDING PLANS ARE CODE COMPLIANT PROJECTS SO WE'D RECOMMEND THAT CHANGE THESE OTHER ONES ARE KIND OF NUANCED TO A DEGREE. SO PEAK APPROVAL OF TENT EXTENSIONS RIGHT NOW IF YOU WANT A TENT LONGER THAN A 25 DAY PERIOD AND THINK LIKE LARGER EVENT TENTS AT A HOME OR OUT OF BUSINESS ONLY THE CITY COUNCIL HAS THE AUTHORITY TO DO THAT. WE THINK THE PLANNING COMMISSION CAN SERVE IN THAT CAPACITY THE SAME WITH OF APPROPRIATENESS SO THAT'S REVIEWING HISTORIC STRUCTURES . THE STATUTE DOES NOT DESIGNATE THAT THE CITY COUNCIL OR ANY PARTICULAR HISTORIC BOARD HAS TO SERVE IN THAT CAPACITY. SO SIMILAR COMMENT THERE AND THEN FINALLY THE REASONABLE PROCESS. SO THIS IS SOMETHING THAT'S COME TO OUR ATTENTION RECENTLY AND IN APPLICATIONS PAST HAS BEEN THE CAUSE OF SOME VARIANCE APPLICATIONS AT CITY OF BLOOMINGTON AND SO IF YOU'RE FAMILIAR REASONABLE ACCOMMODATION RELATES TO THE AMERICANS WITH DISABILITIES ACT AND THE FAIR HOUSING AMENDMENTS ACT AND BASICALLY WHAT THAT STATES IS THAT PERSONS WITH DISABILITIES NEED TO HAVE FAIR, FAIR AND EQUITABLE ACCESS TO HOUSING AND CITY SERVICES. AND SO WHAT SOME CITIES HAVE DONE AND THAT SITUATION OF CREATED A FORMAL WAIVER OR EXCEPTION PROCESS WITHIN THEIR CITY CODE IF SOMEONE CAN DEMONSTRATE THAT THEY HAVE A DISABILITY AND PROPOSED WAIVER TO THE CITY REGULATION CAN THEM AND AMELIORATE OR MITIGATE THAT DISABILITY IT GIVES THE CITY A TOOL TO DO THAT RIGHT NOW IT'S A ZONING STANDARD THAT THEY'RE SEEKING FLEXIBILITY FROM. THEY HAVE TO GO THROUGH A VARIANCE PROCESS WHICH IS NOT IDEAL BECAUSE AS YOU KNOW VARIANCES HAVE VERY DISTINCT LAND USE FINDINGS. IN ADDITION TO THAT VARIANCES RUN WITH THE LAND FROM OWNER TO OWNER TO OWNER WHEREAS REASONABLE ACCOMMODATION PROCESS IS RELATED TO A SPECIFIC RESIDENT OR APPLICANT WHATEVER THE CASE MAY BE. SO I KNOW THIS WAS KIND OF THROWN AT YOU IN THE 11TH HOUR OR THE 25TH HOUR OR SO. FORGIVE US ON THAT ONE. BUT IT'S JUST WE SEE IT IT'S KIND OF SOMETHING THAT'S COME TO OUR ATTENTION RECENTLY AND WE SEE IT WE AND WE FOUND THAT THERE ARE OTHER CITIES THAT HAVE DONE THIS AND WE THINK IT'S A GOOD ADDITION TO THE BLOOMINGTON CITY CODE . YEAH. SO WHAT DID WE NOT PURSUE? WHAT DID THINK ABOUT DOING THAT WE DIDN'T DO? WE LOOKED AT OUR CONFORMANCE TRIGGERS FOR SIGNIFICANT REDEVELOPMENT AND CHANGE OF USE ISSUES WE AT OUR WE LOOKED AT THE POTENTIAL FOR RELIEF FOR MINOR SETBACK ISSUES. SOMETIMES WE GET VERY MODEST VARIANCE REQUESTS WHICH JUST KIND OF DON'T DEAL WITH THE ACCURACY OF CONSTRUCTION BACK IN THE SIXTIES AND SEVENTIES WE DIDN'T CHOSE TO PURSUE THAT DUAL PUBLIC HEARING REQUIREMENTS SOME APPLICATIONS REQUIRE HEARINGS BOTH WE DETERMINE THAT THAT'S APPROPRIATE FOR THOSE APPLICATION TYPES REZONING CITY CODE AMENDMENTS, THOSE THINGS WE LOOKED AT TYPE TWO HOME BUSINESSES WE LOOKED AT PLANNING APPLICATION REVIEW. WE CHOSE NOT TO PURSUE THAT ONE. THAT'S MORE HANDLED OR PROCESSED BY OUR ENGINEERING DIVISION. OF COURSE WE'RE INVOLVED THAT BUT THAT'S SOMETHING THAT COULD BE LOOKED AT IN THE FUTURE AS OPPOSED AND WE LOOKED AT THE EASEMENT VACATION APPROVAL AUTHORITY AND WE CHOSE NOT TO GO FORWARD WITH THAT ONE AS WELL. SO WHAT ARE OUR NEXT STEPS? NEXT STEPS ARE TO GET SOLICIT FEEDBACK YOU ON ALL OF THESE RECOMMENDATIONS I HAVE SOME SLIDES THAT HOPEFULLY HELP FACILITATE THAT WE CAN CERTAINLY THAT STRAP PULLING I SAW THAT'S PROBABLY A HELPFUL METHODOLOGY WE ARE GOING TO THE CITY COUNCIL IN JUNE NEXT MONTH AND THEN WE'LL TAKE THE RECOMMENDATIONS BY THE PLANNING AND COUNCIL AND DRAFT OF POTENTIALLY A LARGE ORDINANCE TO EFFECTUATE THESE CHANGES AND. THEN WE WOULD GET INTO THE PUBLIC HEARINGS IN THE LATE SUMMER OR EARLY FALL. SO TO FACILITATE THE DISCUSSION, THE KEY QUESTION NUMBER ONE IT REALLY DEALS WITH THOSE PROJECTS. NUMBER TWO AND NUMBER THREE OF SITE PLAN REVIEW WHETHER TO PURSUE FULL ADMINISTRATIVE SITE PLAN REVIEW OR AN EXPANSION OF THE PLANNING MANAGER AUTHORITY. COMMISSIONER GOTTESMAN THANK YOU CHAIR WELL QUESTION ABOUT THIS IS WHEN WE DO AN OVERLAY OF PLAN DEVELOPMENT THINK ABOUT LYNDALE RETROFIT PLAN OR WE'VE GOT THE SOUTH PLAN HOW WOULD THOSE YOU KNOW, VISIONS THAT WE HAVE AS A CITY BE INCORPORATED INTO THIS QUESTION YOU HAVE UP HERE? THANK YOU. CHAIR COMMISSIONER GOLTZMAN THAT'S A GOOD QUESTION SO WHETHER FINAL SITE AND BUILDING PLANS IS APPROVED BY THE PLANNING MANAGER OR THE PLANNING COMMISSION OR THE CITY COUNCIL ALL OF THE SAME FINDINGS HAVE TO BE AND SO SAY THERE WAS A DEVELOPMENT WHILE OTHERWISE MEETING OUR CODE REQUIREMENTS IDEALLY THE BASE ZONING DISTRICT WHICH YOU KNOW IN YOUR EXAMPLE BEFORE B TWO WHATEVER THE CASE MAY BE IDEALLY THE BASE ZONING THAT'S IN PLACE IS REPRESENTED WHAT THE RECOMMENDATIONS OF THE PLAN ARE AND SO IT KIND OF TAKES CARE OF ITSELF A DEGREE BUT IN THE CASES THAT THEY'RE NOT IT WOULD REQUIRE THE PLANNING MANAGER TO MAKE A DECISION BASED ON WHAT THOSE DISTRICT OR COMPREHENSIVE PLAN GUIDANCE IS BECAUSE THERE'S A SPECIFIC FINDING FOR FAL SITE AND BUILDING PLANS THAT REQUIRES CONSISTENCY WITH THE COMP PLAN OR DISTRICT PLANS. SO IF THE PLANNING MANAGER DENIED AN APPLICATION ON THAT BASIS THERE BE AN OPPORTUNITY TO APPEAL. SO SIMILAR TO HOW SOME COMMISSION ACTIONS CAN BE APPEALED PLANNING MANAGER APPROVALS CAN ALSO BE APPEALED BUT THAT'S BASICALLY WHAT THE ANALYSIS WOULD HAVE TO BE IF THERE WAS A DEVELOPMENT THAT WAS NOT CONSISTENT WITH A DISTRICT OR AN AREA PLAN TO FOLLOW UP COULD THERE BE INVERSE SO A PROJECT THAT WAS APPROVED THE PLANNING MANAGER THAT THE PLANNING COMMISSION COULD ACTUALLY SAY NOT THAT QUITE WHAT YOU ENVISIONED I KNOW IT MEETS THE STANDARDS IT DOESN'T MEET THE VISION OF THE PLAN IS THERE A WAY I'M JUST THINKING OUT LOUD HERE IS YOU HAD SOME APPLICATIONS TO US AND WE'VE HAD MIXED OPINIONS ON IF IT MEETS THE INTENT EVEN THOUGH IT MEETS CODE . YEAH THAT'S THANK YOU CHAIRWOMAN COMMISSIONER GOLTZMAN THAT'S A FAIR AND GOOD QUESTION. I DON'T HAVE THE THE APPEAL PROCEDURES TO PLANNING MANAGER DECISION RIGHT IN FRONT OF ME I DON'T KNOW IF GLEN KNOWS THAT SECTION OF THE CODE BETTER THAN I DO IN TERMS OF WHO IS HAS THE ABILITY TO APPEAL WHETHER IT BE JUST THE PUBLIC OR JUST AN APPLICANT ONLY I FORGET YEAH JEROME AND COMMISSIONER GOLTZMAN FOR STAFF LEVEL OR PLANNING MANAGER APPROVALS REALLY IT'S ONLY THE APPLICANT THAT WOULD APPEAL AND THEY WOULD PROBABLY ONLY APPEAL A DENIAL BECAUSE THERE'S NO NOTICE GIVEN SO THE APPLICANT'S THE ONLY PARTY THAT WOULD KNOW ABOUT THE DECISION . I AM FOLLOWING WHAT YOU'RE TALKING ABOUT AND SO THOSE ARE TYPICALLY IN THE AREAS THAT WE'VE IDENTIFIED DISTRICT PLANS OR BY LYNDALE RETROFIT SO MAYBE THAT MIGHT BE A NARROW EXCEPTION. CHAIR IF I CAN ADD ONE THING TO THAT I MEAN THAT'S NOT TO USE THAT JUST MOST RECENT EXAMPLE BUT WHEN THE CITY ADOPTED THE PAN AMERICAN DISTRICT PLAN FOR EXAMPLE THERE WAS A WHOLE SERIES OF REZONINGS ASSOCIATED WITH THAT PLAN THAT WAS NOT SO EASY TO EFFECTUATE. BUT THE POINT IS IS THAT IDEALLY WHY COMING OUT OF A PLANNING EFFORT LIKE AN AREA PLAN OR A DISTRICT PLAN THAT'S WHY YOU WANT TO TRY AND ACT SWIFTLY TO IMPLEMENT THE RECOMMENDATIONS OF THE PLAN FROM A ZONING PERSPECTIVE WE GET THE RULES IN PLACE ON THE GROUND THAT MATCH THE VISION OF THAT. SO YEAH. MR. COOK TIM THANK YOU MR. CHAIR. I THINK ON THIS ONE KEY QUESTION NUMBER ONE I'M IN FAVOR OF OPTION ONE WHICH IS KIND OF STAYING THE COURSE HERE WHEN I LOOK AT THE STAFF REPORT AND SEE ALL THE PROJECTS THAT WOULD HAVE BEEN APPROVED ADMINISTRATIVELY IN A DIFFERENT PROCESS, I'M UNCOMFORTABLE WITH SOME OF THESE AND YOU LOOK AT SOME OF THEM AND THE PLANNING COMMISSION HAD AN IMPACT ON SOME OF PROJECTS SPECIFICALLY I'M LOOKING LIKE THE VERIZON WIRELESS WAREHOUSE SITE THAT WAS A THAT WAS A TIME WIN FOR THE PUBLIC. THE PUBLIC ACTUALLY CHANGED THAT APPLICATION WITH THEIR TESTIMONY. THE APPLICANT HAD TO GO BACK AND REVISE THEIR APPLICATION BASED ON PUBLIC TESTIMONY AND YEAH I JUST DON'T LIKE LARGER PROJECTS LIKE THIS GETTING OUT OF THE PUBLIC EYE I LIKE THAT WE ARE NOTICING FOR THEM AND THE PUBLIC HAS A CHANCE TO SPEAK ON THEM AND ALSO MR. JOHNSON HAD THE TABLE OF SORT OF THE VARYING COST AND TIME IMPACTS THERE'S ONLY A FEW MORE DOLLARS RESPECTFULLY IN THE CONTEXT OF A DEVELOPMENT PROJECT OR A COUPLE OF HUNDRED DOLLARS IS IS NOT THAT MUCH AND SO A COUPLE OF WEEKS A COUPLE OF HUNDRED DOLLARS TO GET THE BOOK THE PUBLIC A CHANCE TO SEE WHAT'S GOING UP DOWN THE STREET OR DOWN THE HIGHWAY FROM THEM FOR ME IS WORTH IT JEROME AND CAN I CLARIFY JUST YOU MEANT OPTION TWO RIGHT WELL I WAS A LITTLE CONFUSED WHEN YOU PUT THIS SLIDE UP BECAUSE I THOUGHT ON YOUR EARLIER SLIDES THAT OPTION ONE WAS RIGHT THEY WERE REVERSED WERE THEY? I'M SO SORRY. SO WHATEVER STAYING THE COURSE IS WITH PLANNING COMMISSION REVIEW IS WHAT I'M IN FAVOR OF THE CHAIR YOU'RE CHAIRMAN COMMISSIONERS I BELIEVE THAT IT WOULD BE OPTION THREE WHICH IS LISTED STAYING THE COURSE ISN'T LISTED AS AN OPTION HERE RIGHT BUT TO CLARIFY YOU MEAN NO CHANGES NO INCREASE IN THE AMOUNT OR SIZE OF DEVELOPMENT THAT CAN BE APPROVED ADMINISTRATIVELY? IT WOULD BE MAINTAINING THE EXISTING RESTRICTIONS YOU HAVE THAT THAT SLIDE OF A FEW TWEAKS THAT COULD BE MADE I'D BE OPEN TO A COUPLE OF TWEAKS BUT I'M NOT IN FAVOR OF TAKING THESE AWAY WHOLE IN WHOLE. SO YEAH THERE ARE A COUPLE OF THINGS HERE THAT IF I THOUGHT ABOUT IT LONG ENOUGH I COULD PROBABLY CAN BE CONVINCED OF . I THINK THE THE BULLETS HAVE HERE I THINK ARE PRETTY EASY WINS. I THINK YOU COULD DO THOSE THINGS EASILY AND THEN BACK ON YOUR PREVIOUS SLIDE BEFORE THIS. SO DO YOU MEAN THE DECISION? NO. SEE WHEN YOU WERE BACK ON OH THAT OUTLINED OPTION ONE. OH OKAY SORRY. OKAY YEAH I THINK SO I THINK WHAT COMMISSIONER IS TALKING ABOUT I AM SUPPORTIVE OF I THINK IF IF THE COUNCIL STILL INTERESTED IN MAKING SOME AND SHRINKING THIS AREA I WOULD AT LEAST WANT TO RETAIN IT IN AREAS HAVE ADOPTED DISTRICT PLANS OR PLANS OF THOSE NATURES. SO IF THE COUNCIL SAYS WE WANT TO HAVE WE WANT TO DO SOMETHING I WOULD SAY IF WE HAVE A PLAN. NORMAN DALE SOUTH LOOP PAN AMERICAN LYNDALE THOSE ARE HIGH PROFILE ENOUGH AND WE HAVE HAD THINGS THAT HAVE COME BEFORE US THAT FOR VARYING REASONS I THINK THAT THERE'S BEEN FINDINGS THAT THIS WOULD WORK AND YOU KNOW I THINK IF I ARE FRIENDS AT PORTILLO'S AND THAT CAME WITH A RECOMMENDATION THAT THAT WAS A GOOD IDEA AND THAT CLEARLY NOT THE SENSE OF THIS BODY. AND AGAIN THAT WAS BECAUSE OF ITS HIGH PROFILE LOCATION AND PART OF A DISTRICT PLAN. MR. CURRY THANK YOU CHAIR. I GUESS I AM IN SUPPORT OF STREAMLINING SITE PLAN REVIEW WITH ONE OF THE OPTIONS I THINK I MEAN JUST THE OTHER COST OF GETTING ENTITLEMENTS CAN BE HUNDREDS OF THOUSANDS IF NOT MILLION DOLLARS TO GET SOMETHING THROUGH THROUGH THE CITY. SO I THINK WHAT WE COULD DO TO INSTEAD OF YOU KNOW, RATHER THERE BEING A FEW HUNDRED BUCKS I THINK WE CAN SAVE TENS OF THOUSANDS OF DOLLARS FOR AND MAKE POTENTIALLY, YOU KNOW, MULTIFAMILY SMALLER MULTI-FAMILY DEVELOPMENTS MORE FEASIBLE OR SMALLER INDUSTRIAL PROJECTS MORE FEASIBLE BECAUSE THOSE ARE, YOU KNOW, TOO COST TOO TO YOU KNOW, EVEN DEVELOP THESE DAYS. I THINK THAT'S A GOOD IDEA JEROME AND IF I CAN ADD ONE FINAL THING ABOUT THIS IS THAT THESE NUMBERS IT'S NOT AN EXACT SCIENCE WHERE WE LANDED ON THESE NUMBERS IS JUST BASED ANECDOTALLY ON LOOKING KIND OF AN ASSORTMENT OF SITE AND BUILDING PLANS THAT WE'VE REVIEWED SINCE 2016. YEP. COMMISSIONER COOKSON MR. JOHNSON, CAN YOU GO BACK TO THE SLIDE ABOUT COSTS AND TIME ? THIS ONE I'M HAVING A HARD TIME RECONCILING THE DIFFERENCE BETWEEN I'M SEEING HERE AND WHAT COMMISSIONER CURRIE WAS JUST TALKING ABOUT . SO THE APPLICATION FEE IS RELATIVELY MINOR BUT COMMISSIONER CURRIE YOU'RE SAYING THERE ARE SIGNIFICANT OTHER COSTS I'M NOT SEEING? YEAH JUST I MEAN FROM WHAT I HAVE SEEN DEVELOPMENT YOU KNOW THE THE PROCESS OF GOING THROUGH ENTITLEMENTS FOR DEVELOPMENT AS SO PROJECT IT WAS $500,000 TO GET THROUGH AN ENTITLEMENT PROCESS I THINK FOR A USE THAT WAS ACTUALLY PERMITTED MEAN THIS IS A DIFFERENT STATE BUT FOR USE THOSE ALREADY PERMITTED IN THAT DISTRICT THE DEVELOPMENT COSTS FOR HALF A MILLION DOLLARS TO GET YOU KNOW THE SOUND THE TRAFFIC STUDY AND ALL OF THESE DIFFERENT THINGS THAT ADD UP AS PART OF AN ENTITLEMENT APPROVAL. SO I THINK I DON'T KNOW WHAT OF THOSE END UP GETTING CUT OUT OF THE PROCESS BY MAKING THE PROCESS SHORTER BUT I THINK THE OPPORTUNITY TO TO REDUCE COSTS IN ARE MUCH MORE SIGNIFICANT. I UNDERSTAND SOME OF THOSE COSTS WOULD STILL BE BORNE WITH AN ADMINISTRATIVE REVIEW TRAFFIC ETC.. MOVING ON FROM THAT, MY ONE COUNTERPOINT, MR. CHAIR TO WHAT YOU WERE TALKING ABOUT LIMITING THIS TO DEVELOPMENT IS I THINK MOST OF OUR RESIDENTS STILL LIVE IN DEVELOPMENT DISTRICTS AND THE THINGS WE'RE TRYING TO PREVENT OR THE THINGS WE'RE TRYING TO HELP BY GIVING THIS YOU KNOW, PUBLIC PROCESS IS INFORMING THE PUBLIC OF THINGS THAT AFFECT THEM THE MOST. AND WHAT I'VE LEARNEDN THIS COMMISSION CERTAINLY THAT THE THINGS THAT AFFECT PEOPLE THE MOST OF WHAT THEY LIVE NEXT TO AND. SO FOR THAT REASON I'M NOT PERSONALLY COMFORTABLE WITH LIMITING TO DEVELOPMENT DISTRICTS BECAUSE I DON'T THINK RIGHT I'M GENERALIZING HERE BUT I DON'T THINK MOST OF OUR RESIDENTS MIND AS MUCH HAPPENS IN THESE DEVELOPMENT DISTRICTS. IT'S WHAT HAPPENS OUTSIDE OF THE DEVELOPMENT DISTRICTS THAT THEY MOST SENSITIVE TO AND I WOULD NOT DISAGREE WITH YOU MY WHAT MY SUGGESTION WAS IF THE COUNCIL WANTS TO DO SOMETHING MY PREFERENCE WOULD BE TO RETAIN SOMETHING. SO I'M SENSING A MIX OF THOUGHTS HERE SO MAYBE NOT A CLEAR DIRECTION FOR YOU ON THAT. BELCHER I THINK I COULD BE WRONG BUT I AND I DIDN'T HEAR FROM ALL FROM EVERYBODY AND YOU DON'T HAVE TO HEAR FROM EVERYBODY BUT I HAD THE SENSE WAS GETTING IS THAT YOU'RE MORE ALIGNED WITH EXPANDING THE PLANNING EXISTING APPROVAL AUTHORITY AS OPPOSED TO GOING TO A FULLY MOST SO KEY QUESTION NUMBER TWO HAS TO DO WITH THE CONDITIONAL USES. SO THIS IS PROJECT NUMBER FIVE. THIS HAS TO DO WITH AMENDING THE USE TABLE TO DESIGNATE USES AS PERMITTED ON SOME LEVEL OR AS INDICATED IN STAFF NOTES AND WITHIN THE MATRIX THAT WOULD BE OPTION ONE. OPTION TWO WOULD BE AND I SHOULD IN DEFERENCE FINDING MANAGER MERCURY THAT OPTION THREE IS KEEP THE KEEP IT THE WAY IT IS TODAY THAT'S AND THAT'S OBVIOUSLY YOU'RE ENTITLED YOUR PURVIEW TO DO AS WELL BUT OPTION TWO WOULD BE IF THERE ARE SPECIFIC USES THAT YOU ARE NOT IN AGREEMENT OR ALIGN WITH THE STAFF RECOMMENDATION TO IDENTIFY THOSE. THAT'S WHAT WE WOULD PRESENT TO THE CITY COUNCIL I PUT THEM YEAH I WAS GOING TO OFFER AN OPTION FOR. SURE TO BE TOTALLY HONEST WITH YOU I THOUGHT WAS WAY TOO COMPLEX FOR THIS THIS APPLICATION THIS TO ME CAN BE BROKEN OFF AND IT'S OWN SEPARATE THING AND HAVING A 250 PAGE STAFF REPORT AND TRYING TO GET THIS THE PROPER AMOUNT OF ATTENTION WAS JUST NOT CONDUCIVE TO TO ME AND SO I WOULD YOU KNOW, I'D LIKE TO GO THROUGH THE LIST AND GO THROUGH THEM AND I'M NOT REALLY A POSITION TO MAKE A BULK DECISION ON 57 ITEMS WITHOUT A FULL STUDY THAT DO IS JUST TOO MUCH FOR ME. COMMISSIONER CORY THINK CHAIR I AGREE WITH THAT SAME SAME POSITION KIND OF COMMISSIONER ALBRECHT I HAVE A QUESTION AND THAT IS SO I WAS I WAS LOOKING THROUGH THIS I WAS THINKING ABOUT THE PROJECTS THAT WE HAVE LOOKED AT OVER WHAT WAS MY FIVE YEARS HERE THE WHERE WOULD BRINGING INTO COMPLIANCE FALL WITHIN EITHER OPTION ONE OR OPTION TWO OR DOES IT NOT AT ALL? SO I'M THINKING OF DAYCARE IN A CHURCH THAT WAS OUT OF COMPLIANCE FOR CONDITIONAL USE PERMIT BUT THEY DIDN'T KNOW THAT THEY WERE OUT OF COMPLIANCE AND YET THEY HAD TO COME TO US AND GET THAT CONDITIONAL USE PERMIT THAT WHICH THEN TRIGGERED SOME NEGATIVE REACTION FROM NEIGHBORS WHO DIDN'T EVEN KNOW THAT THE DAYCARE WAS THERE. SO JUST KIND OF THINKING LIKE WHERE DOES THAT LIKE HOW DOES BRINGING SOMETHING IN TO COMPLY FIT WITHIN EITHER OPTION ONE OR TWO OR DOES IT NOT? AND CHAIR FORGIVE ME I HAVE TO I'M TRYING TO MAKE A LITTLE BIT OF ASSUMPTION ABOUT OR A CONNECTION TO YOUR QUESTION DO YOU MEAN MAKING IT PERMITTED? ST MAKING IT A PERMITTED USE AND THERE'S THINGS THERE'S ASPECTS TO THE USE THAT ARE OUT OF COMPLIANCE. WHAT YOU MEAN BY THAT SAY LIKE LIGHTING OR PARKING OR MAYBE I'M MISREADING YOUR QUESTION. WELL THEY NEEDED A CONDITIONAL USE PERMIT YEAH. FOR THEIR FREE FOR THEIR USE WITHIN THE CHURCH. RIGHT NOTHING CHANGED WITHIN THEIR PROPERTY THEY DIDN'T CHANGE ANYTHING ABOUT THEY WERE DOING THAT DIDN'T HAVE ANY CHANGES AT ALL IT JUST WAS THAT THEY HADN'T APPLIED FOR A CONDITIONAL USE PERMIT AND THEY SHOULD HAVE DONE THAT PRIOR TO YEAH SO IF IT WAS A PERMITTED USE WITHIN THAT DISTRICT AS OPPOSED TO A CONDITIONAL USE THEN THEY WOULD NOT HAVE THEY WOULD NOT HAVE TO GO THROUGH PUBLIC HEARING PROCESS TO GET A CONDITIONAL USE PERMIT. THEY WOULD SUBMIT IF THEY WERE IN VIOLATION OF SAY THE CITY'S LIGHTING ORDINANCE OR. THE SITE DIDN'T MEET PARKING. THERE WAS SOME OTHER CITY CODE VIOLATION THEN THOSE THINGS ARE ALSO REVIEWED AS PART OF A BUILDING PERMIT PROCESS FOR PERMITTED USES. SO WHEN SOMEONE SUBMITS A A BUILDING PERMIT FOR A PERMITTED USE WE REVIEW THE PARKING FOR COMPLIANCE OUR CODE WE DO HAVE PROVISIONS IN OUR LIGHTING ORDINANCE THAT SAY FOR CHANGE OF USE YOU'RE GOING TO HAVE TO MEET THE LIGHTING ORDINANCE. SO WHAT I'M SAYING IS IN THAT INSTANCE THEY WOULD HAVE TO DEMONSTRATE WITH THE CITY CODE REQUIREMENTS BUT THEY WOULD NOT HAVE TO GO THROUGH THE FORMAL STEP OF HAVING TO GET A CONDITIONAL USE PERMIT. OKAY. THANK YOU. COMMISSIONER GOLTZMAN. I THINK IT'S YEAR I THINK COMMISSIONER ALBRECHT BRINGS UP A GOOD POINT. WE HAD THIS LAST MEETING FOR EXAMPLE. THERE WAS A FITNESS FACILITY THAT MOVED INTO A PREVIOUSLY USED FITNESS LOCATION. CONDITIONAL USE PERMIT EXPIRED BECAUSE THAT WE'RE OUT OF BUSINESS FOR A YEAR THEY DIDN'T REALIZE IT WAS OUT OF BUSINESS. THEY'RE USING FOR THE SAME PURPOSE AS BEFORE AND I HAVE A HARD FROM A PERSPECTIVE OF COMMON AND THEY'RE USING IT THE SAME IT'S IT'S PAPERWORK FOR THE SAKE OF PAPERWORK VERSUS JUST SAYING THIS IS COMMON SENSE DO WE HAVE TO GO THROUGH THE WHOLE RIGMAROLE FOR THAT OWNER AND LUCKILY THEY WERE AMENABLE TO IT BUT I FELT BAD FOR THAT PROPERTY OWNER AS WELL AS THEY HAD TO GO THROUGH THAT PAPERWORK TO GET THAT DONE NOW IT WAS FOR NO OF THEIR OWN SO I STRUGGLED WITH THAT EXACT SAME SITUATION AND HOW DO WE MAKE THAT SITUATION BETTER FOR COMMONSENSE THINGS AGAIN YOU CAN'T MEASURE COMMON SENSE. THAT'S A HARD THING. THAT'S TRUE. IT WAS COMMON. MORE PEOPLE WOULD HAVE IT WELL IN MY INTEREST I CAN APPRECIATE THE COMMISSIONER'S COOKING AND CURRY OBSERVATION BUT A LOT HERE. BUT AS I LOOK THROUGH THIS LIST THE YOU KNOW THE THINGS ARE GREEN WHICH ARE THE THINGS THAT THE STAFF ARE PROPOSING THAT WE TAKE OFF THE LIST OR MAKE PERMITTED THINK I'M OKAY WITH THEM YOU KNOW AND AGAIN THIS IS NOT A FINAL LIST THIS IS YOU KNOW THE CITY COUNCIL'S GOING TO SPEND TIME WITH IT TOO AND IT'S GOING TO GO BACK THROUGH THE ORDINANCE PROCESS AND THOUGH I GUESS FROM A GENERAL SENSE OF DIRECTION I FEEL LIKE THE DIRECTION OF WHAT THESE ARE ARE SUGGESTING. I I'M OKAY WITH CHERRY CHAIR RELMAN AND I APPRECIATE THAT AND COMMENT A LOT FROM BOTH OF YOU. I THINK THAT MAKES ALL THE SENSE IN THE WORLD TO ME. THAT'S WHY I PREFACE BY SAYING THAT THIS MATRIX AND THIS IS KIND OF A BARE IT'S KIND OF IT'S IT IS A LOT AND SO YOU KNOW KIND OF BACKING UP A LITTLE BIT I MEAN WE CERTAINLY AS A STAFF WHEN WE WERE CONTEMPLATING THIS IS THAT THERE WAS THE POTENTIAL THAT THIS JUST NEEDS MORE STUDY OR FURTHER ANALYSIS AND YOU KNOW ,WE'RE NOT SUBJECT TO ANY 6120 2:00 HERE IF THERE ARE ASPECTS OF WHAT IS BEING PROPOSED WITHIN THIS STUDY THAT WARRANTS ADDITIONAL STUDY OR LINE BY LINE STAFF CAN CERTAINLY PROVIDE THAT THAT'S NOT SOMETHING THAT WE'RE OR NOT SUPPORTIVE OF . OKAY . WE LIKE TALKING ABOUT PLANNING STUFF. SO I THINK A QUESTION KEY QUESTION IS FOR FOR STAFF IS IF THIS SPECIFIC ISSUE MIGHT NEED MORE TIME OR IF THE CONCEPT IS AND THE DETAIL COMES BACK TO US I'M JUST TRYING TO FIND A WAY TO GIVE IT SOME SENSE OF DIRECTION. YES. COMMISSIONER GOLTZMAN, TIMING FOR THIS. YOU MENTIONED AUGUST EIGHT SO JUST A FOOD FOR THOUGHT. WE WILL HAVE TWO NEW COMMISSIONERS ON THE COMMISSION BY THE TIME WE SEE THIS AGAIN. SO I WANT TO MAKE SURE THAT WE'RE JUST COGNIZANT OF THAT AND OBVIOUSLY IT'S GOING TO BE NEW CONTENT FOR THEM. SO FOR THOSE THAT HAVE BEEN READING STAFF REPORTS IT MIGHT BE MORE FAMILIAR TO YOU BUT THINKING ABOUT TIMING AND THAT WOULD IMPACT THAT COMMISSIONER FOR THE NEXT SIX YEARS AND MAY OR MAY BE THIS SPECIFIC TOPIC WARRANTS ANOTHER STUDY SESSION IN JULY COMMISSIONER COOK AND YOU KNOW MR. CHAIR PERHAPS THIS DOES GET BROKEN OUT INTO A SEPARATE STUDY SESSION AND WORKS WAY BACK INTO THIS FOR FINAL APPROVAL. THE HAPPY MIDDLE GROUND I CERTAINLY CAN WHAT THE CITY COUNCIL MIGHT SHARE THE SAME PERSPECTIVE WHEN WHEN PRESENTED THIS INFORMATION AND SO WE CERTAINLY CAN DESIGN A PROCESS AND TIMELINE THAT IS AMENABLE TO GETTING PEOPLE THE AND SPACE THEY NEED TO EVALUATE IT PROPERLY GOOD ONWARD OKAY WE'LL KEEP GOING HERE SO QUESTION THREE IS AFFIRMING WHETHER OR NOT ACCESSORY DWELLING UNITS IN TWO FAMILY DWELLINGS SHOULD REQUIRE FORMAL ZONING SITE PLAN APPROVAL OR WHETHER OR NOT THEY CAN PROCEED DIRECTLY TO A BUILDING PERMIT. IT SAVES THE PROCESS ABOUT 2 TO 3 WEEKS. TYPICALLY WE DO THE SAME BASICALLY THE SAME REVIEW ONE WAY OR THE OTHER. SO THAT'S WHY OUR JUDGMENT IT DOESN'T WE THAT TWO FAMILY DWELLINGS AND IT SHOULD BE TREATED THE SAME AS SINGLE FAMILY DWELLINGS COMMISSIONER GOLTZMAN OH IS OH I WAS JUST GOING TO MAKE A COMMENT THAT I KNOW HOUSING IS OBVIOUSLY A BIG INITIATIVE FOR THE CITY WELL AS US AS RESIDENTS AND SO ANYTIME WE CAN LIMIT THE BURDEN ON FAMILIES THAT WANT TO MOVE TO BLOOMINGTON AND HAVE MORE MORE EQUITABLE HOUSING I'M ALL IN SUPPORT SO I WOULD BE SUPPORTIVE OF THIS ONE. COMMISSIONER CURRY THANK YOU CHAIR THE 80 I MEAN IN 80 YOU MAYBE AS A ONES THAT ARE A SEPARATE STRUCTURE THOSE ARE WOULD THAT WOULD THAT BE INCLUDED IN THIS THEN CORRECT THAT YOU'RE ROHMAN ATWOOD COMMISSIONER CURRY OKAY. YEAH, I DON'T KNOW. THAT CONCERNS ME A LITTLE BIT. JUST I THINK I HERE I'VE HEARD STORIES FROM OR TALKED WITH FOLKS I KNOW AROUND THE COUNTRY WHERE 80 YEARS AND UP GETTING YOU KNOW PEOPLE IN A BUILDING TO USE IN THEIR BACKYARDS AND THEN END UP TURNING THEM INTO I DON'T KNOW WHAT WE CALL THEM AIRBNBS OR SOMETHING AND THEN PEOPLE END UP WITH RANDOM PEOPLE COME IN THROUGH BACKYARDS AND STUFF AND SO I DON'T KNOW THAT'S THAT ONE SEEMS A LITTLE THAT ONE'S A LITTLE CONCERNING FOR ME MR. GOTTESMAN IF I MAY THE CITY DOES NOT ALLOW SHORT TERM RENTALS AND THERE IS VERY, VERY STRUCTURED PLANS ON HOW TO MITIGATE SHORT TERM RENTALS ANY RENTAL LESS THAN 30 DAYS AND STAFF HAS BEEN VERY SUPPORTIVE OF REMOVING THOSE RENTALS THAT DO POP UP WITHIN THE CITY AND WE ARE REVIEWING SHORT TERM RENTALS. YES, HERE TO CORRECT. THAT'S CORRECT. OKAY. YEP YEP. AND SO AGAIN I THINK PART OF THAT CONVERSATION FOR THOSE WHO REMAIN MAY BE ABOUT WHETHER OR NOT 80 YOUTHS ARE EITHER IN THAT POOL OR NOT. OKAY THANKS. YEAH, SURE. CAN I CLARIFY ONE PART OF THAT CONVERSATION TOO IS THAT CURRENTLY 80 USER ADMINISTRATIVE APPROVAL SO THERE'S NOT A PUBLIC NOTICE THAT GETS SENT TO NEIGHBORS OR IT'S NOT A HEARING EVEN IF IT'S DETACHED. SO THIS IS JUST ABOUT THE FORMAL SITE PLAN ZONING APPROVAL. GOT IT. OKAY. THE PLANNING MANAGER HAS THE AUTHORITY TO APPROVE OUR USE. OH CURRENTLY. OKAY. THAT'S NOT PROPOSED TO CHANGE . OKAY THEN I WOULD SAY THE I THINK THE PROPOSAL MAKES SENSE TO ME. OKAY GENERAL THUMBS UP ON THAT . OKAY. THANK YOU. KEY QUESTION FOR IT HAD TO DO WITH KIND OF THAT SERIES OF THAT GROUPING OF PROJECTS THAT HAD TO DO WITH GRANTING PLANNING COMMISSION ADDITIONAL AUTHORITY TO APPROVE APPLICATION SUBJECT TO APPEAL SO ALL THE CONDITIONAL USE PERMITS AND INTERIM USE PERMITS FINAL DEVELOPMENT PLANS THAT CONTAINED NO FLEXIBILITY VARIANCES EXTENSIONS AND CERTIFICATES OF APPROPRIATENESS. SO YOU'RE ASKING FOR OUR OPINION ON EXPANDING OUR EMPIRE AND I ASKED THE CITY COUNCIL THE SAME QUESTION SO BUT IT IS A WAY TO SERVE AS A WAY TO STREAMLINE DEVELOPMENT. I HAVE A QUESTION ABOUT ONE WE DON'T ALWAYS AGREE AS A GROUP AND SOMETIMES THE VOTE IS SPLIT ISH OR THE VOTE IS NO. I ASSUME THAT THAT WOULD BE AN APPEALS PROCESS THAT. THE ONE GO DIRECTLY TO THE CITY COUNCIL FOR APPROVAL. IT WOULD US THEN AT THAT POINT I DON'T THINK IT WOULD AUTOMATICALLY GO THE APPLICANT WOULD HAVE TO REQUEST AN APPEAL RIGHT. SO IF THE APPLICANT REQUESTED AN A LET'S SAY YEAH WE SAID NO BY A VERY CLOSE SPLIT VOTE VOTE THEN THIS IF THE APPLICANT REQUESTED AN APPEAL THAT APPEAL WOULD THEN GO DIRECTLY TO THE CITY COUNCIL CHAIRMAN KRISHNAMURTI ALREADY THAT'S CORRECT. CURRENTLY I SHOULD ADD TO CURRENTLY TIE VOTES GO TO CITY COUNCIL ON APPLICATION SO YOU ONLY HAVE SIX MEMBERS PRESENT AND IT'S THREE THREE AND SO IN THE ABSENCE OF THAT NEXT LEVEL A TIE VOTE BECOMES A NO IT WELL I'M FAIRLY CERTAIN DEPENDING ON THE APPLICATION TYPE BECAUSE DIFFERENT PROCEDURES SO AGAIN VISUALLY WE GO IN THIS DIRECTION FOR FINAL SITE AND BUILDING PLANS IT GOES TO CITY COUNCIL FOR TIE VOTE. I'M ALMOST POSITIVE THE CHAIR ROHMAN COMMISSIONERS WOULD RECOMMEND THAT TO FOR ALL OF THESE TYPE OF APPROVALS THAT IF THERE'S A VOTE THAT IT WOULD AUTOMATICALLY MOVE ON JUST LIKE WITH FINAL SITE AND BUILDING PLANS TODAY. MR. GOLTZMAN THANK YOU, CHAIR. ONE OF THE THINGS THAT HAS BEEN YOU KNOW, I'VE BEEN ON THIS COMMISSION FOR ALMOST SIX YEARS HAS BEEN REALLY FRUSTRATING IS WHEN THIS BODY VOTES NO IN IN MASS, RIGHT? IT GOES TO CITY COUNCIL REGARDLESS OF APPEAL OR NOT CITY COUNCIL AND THEN IT GETS PUT ON A CONSENT AGENDA AND GETS APPROVED WITHOUT DISCUSSION. AND SO ONE OF THE THINGS THAT I LOOK THIS QUESTION HERE IS SAYING OKAY, WE HAVE THE AUTHORITY MAKE A DECISION. MM HMM. BUT THERE'S IS AN APP SOMEBODY WHO'S GOING TO BE APPLYING FOR ONE OF THESE. THERE IS NO 99.9% OF THE TIME THEY'RE GOING TO APPEAL AND THEN IT WILL GO BACK TO CITY COUNCIL FOR CONSENT SO WE LOSE AUTHORITY REALLY VERY, VERY QUICKLY IN INTENTS AND PURPOSES BECAUSE THE APPEAL PROCESS IS SO EASY WHICH I WANT IT TO BE EASY BUT I THINK THE IS IS I WANT TO MAKE SURE IF THAT DOES HAVE AN APPEAL PROCESS THAT IT ACTUALLY GETS DISCUSSED BY COUNCIL THAT THEY TAKE INTO ACCOUNT OUR CONVERSELY AND OR OUR STANCE I FEEL LIKE YEAH GO AHEAD SORRY. NO, THAT'S OKAY. CHAIRMAN AND JUST AND COMMISSIONER GOLTZMAN, JUST TO CLARIFY A COUPLE OF THINGS. SO WHEN IT'S AN APPLICATION THAT THE CITY COUNCIL IS THE APPROVAL AUTHORITY ON AND THE PLANNING COMMISSION MAKES A RECOMMENDATION AND IT'S PUT ON THE CONSENT AGENDA IT'S PUT ON THE CONSENT AGENDA WITH THE PLANNING COMMISSION RECOMMENDATION THAT'S THE. SO IF IT'S FOR DENIAL WHAT IT'S WHAT'S ON THE CONSENT IS DENIAL. THAT'S WHAT'S ON THE IN THE CONSENT AGENDA ON THE SITUATION OF AN APPEAL SOME APPEALS ACCORDING TO OUR PROCEDURES REQUIRE ACTUALLY A HEARING AT THE CITY COUNCIL WHICH WOULD REQUIRE THEM NOT TO BE ABLE TO ACT ON THE CONSENT AGENDA. I'M FAIRLY CERTAIN EVEN ONES THAT DON'T REQUIRE A HEARING HISTORICALLY HAVE ALWAYS BEEN ACTUALLY DISCUSSED THROUGH AN APPEAL. ONE WOULD HAVE A BETTER HISTORIC OR PAST EXPERIENCE TO DRAW ON BUT THAT'S KNOWLEDGE. SO I THINK IT MUST DO THAT. OH YEAH. ONE THING TO ADD TO THAT CHAIR ROHMAN COMMISSIONERS IF THERE IS A SPLIT RECOMMENDATION BETWEEN STAFF AND PLANNING COMMISSION HISTORICALLY WE HAVE NOT PUT IT THE CONSENT AGENDA SO THAT THERE'S THE ABILITY FOR DISCUSSION BY THE COUNCIL. SO I THINK MY HUNCH IS I LIKE THIS DIRECTION AND I THINK, I THINK THE IDEA OF AN APPEAL GETTING, A FULL AGENDA ITEM IT MAKES SENSE GREAT BECAUSE AGAIN IF IT'S IF IT IS TRULY AN APPEAL THIS PROBABLY NEEDS MORE MORE FACE LISTENING I'M SURE THE LAST QUICK THING I'LL ADD TO THAT IS THAT WHAT WHAT THIS I THINK WHAT THESE CHANGES CONTEMPLATE IS THE 90% OUTCOME. YEP IF BRINGING WE'RE BRINGING YOU APPLICATION AFTER APPLICATION APPLICATION THAT'S JUST DENIAL DENIAL DENIAL DENIAL. WE'RE NOT DOING OUR JOB EFFECTIVELY ON THE FRONT END OF THINGS OR YOU JUST HAVE SOME YOU HAVE A VERY GROUP OF DEVELOPERS OR IN TOWN. BUT THE POINT IS IS THAT IN TALKING ABOUT AND DENIALS I MEAN THAT'S THAT'S THE LOWER PERCENTAGE SITUATION IN MOST CASES THE WAY IT IS I THINK. BUT AGAIN TO THE POINT OF WHAT COMMISSIONER GOLTZMAN WAS SAYING IS THAT'S FOR PEOPLE IN THIS BODY WHO YOU KNOW, I THINK GENERALLY TAKE THE WORK SERIOUSLY IT THAT IT'S SOMETHING THAT WE FELT STRONGLY ABOUT I THINK THE GOAL IS FOR THE COUNCIL TO GIVE IT A LITTLE BIT OF TIME TO YEAH IF I MAY JUST ASK ONE QUESTION HERE ARE YOU PIECE WE CURRENTLY TWO TWO EPS OF THE SAME USE SO ONE IS NO LONGER ALLOWED AND THEN THE TWO THAT ARE ACTUALLY IN OPERATION FALL WITHIN NUMBER TWO CORRECT. AND I WOULD ADD ONE QUICK CLARIFICATION THAT WE DID NOT EVALUATE ALL THE INTERIM USE DESIGNATIONS IN OUR USE TABLE. WE ONLY EVALUATED THE TWO INTERIM USES THAT ARE REQUIRE CITY COUNCIL APPROVAL SO THANK YOU COMMISSIONER KIRKLAND MR. JONES I JUST WANT TO CLARIFY ONE THING I'M SURE I HEARD IT RIGHT BUT I'VE NEVER HEARD THIS BEFORE. SO WHEN WE HAVE WHEN CITY COUNCIL IS THE FINAL DECISION MAKERS WE'RE RECOMMENDING BODY AND WE RECOMMEND DENIAL OF AN APPLICATION AND THEY WERE SCHEDULED TO GO ON THEIR CONSENT AGENDA IF THEY PULL IT FROM THE CONSENT AGENDA AND THEY ACCEPT THEIR CONSENT AGENDA THAT APPLICATION IS DENIED. THAT'S CORRECT. THANK YOU . THERE'S THE CITY WELL LET ME MAKE ONE CLARIFICATION OF THAT IN CASE OF THE DENIAL AND I DON'T I DON'T I'M NOT REQUESTING KEVIN SPEAK TO THIS BUT IN THE CASE OF A DENIAL, THE CITY'S AND THE CITY ATTORNEY'S OFFICE WANT TO ENSURE THAT THERE IS A ROBUST AND ADEQUATE PUBLIC RECORD TO MITIGATE THE RISK ASSOCIATED WITH SOME TYPE OF LEGAL ACTION AGAINST THE CITY TO PROTECT THE TAXPAYERS OF THE CITY. AND SO THAT IS WHY IN SOME INSTANCES EVEN IF IT WAS PLACED THE CONSENT AGENDA THEY MIGHT PULL IT TO ENSURE THAT THERE IS A ROBUST PUBLIC RECORD FOR THE REASON WHY SO THAT'S YOU KNOW I MEAN THERE'S A LOT OF NUANCE IN ALL THIS STUFF RIGHT? YEP. THE GENERAL SENSE OF THIS TOPIC OF ESSENTIALLY MOVING THE VAST MAJORITY THIS TO FINAL DECISION AT THIS BODY COMMISSIONER AT THAT TIME YEAH DURING A FAVOR I DO THINK WE WOULD WANT TO KEEP THIS IN MIND WHEN WE'RE TALKING ABOUT OUR CALENDAR ON THE ANNUAL BASIS HONESTLY. I THINK ONE THING I'VE NOTICED THIS YEAR IS WE MAY HAVE GONE A LITTLE ON HOW MANY MEETINGS WE'VE CUT OUT BECAUSE WE'VE HAD SOME PRETTY LONG ONES AND WE'RE KIND OF PILING ON A NUMBER OF STUDY ITEMS ON THE SAME NIGHT AND MAYBE SOME OF THEM ARE LOSING SOME DESERVED ATTENTION. AND SO FOR ADDING MORE STAFF TO WE MAY WANT TO GO BACK AND CONSIDER ADDING SOME OF OUR OLD MEETINGS BACK. I'M NOT SURE WE'RE ADDING ANYTHING HERE. WE'RE JUST REMOVING THE NEXT LEVEL. I THOUGHT WE WERE ADDING OURSELVES AS A FANCY TERM OF SOMETHING SOMETHING SOMETHING CIRCLING AROUND WE HEAR ALMOST ALL OF THESE THINGS ALREADY, CORRECT? YES. CHAIRMAN COMMISSIONERS, I AGREE. DON'T THINK YOU'RE ADDING TO YOUR WORKLOAD BUT KIND OF REDUCING THE CITY COUNCIL WORKLOAD ASSUMING MOST OF THE ITEMS AREN'T APPEALED. I I THINK THE ONE EXCEPTION TO THAT WOULD BE TEND TO EXTENSIONS. I THINK WE'VE HAD TO IN MY 28 OR 28 YEARS WE'VE ONLY HAD TWO APPLICATIONS FOR TEN EXTENSIONS. I DO BELIEVE THOSE GO STRAIGHT TO CITY COUNCIL NOW SO MAYBE ONCE A DECADE YOU'LL GET AN EXTRA ITEM. BUT IN SPITE OF IN SPITE OF THAT NOT BEING MORE WORK YOUR OTHER POINT ABOUT AGENDA PLANNING I THINK IS A GOOD ONE ESPECIALLY AGAIN AS WE WE WERE HAVING A CONVERSATION BEFORE THE MEETING ABOUT OUR ANNUAL REVIEW OF THE MEMBERS OF THE BOARD, OUR INDIVIDUAL ATTENDANCE AND COMPLIANCE WITH CITY CODE . AND I THINK WHEN WE CANCEL A LOT OF MEETINGS THAT TIPS THE BALANCE OF HOW OFTEN PEOPLE ARE ABLE TO ATTEND SO BUT GENERALLY THE SENSE OF THIS ITEM IS A THUMBS UP. OKAY THANK YOU. THAT CONCLUDES IT. ALL RIGHT. YEAH. THANK YOU. GOOD WORK, COMMISSIONER. YEAH, THANK YOU CHAIR. I JUST WANTED TO STATE THIS IS A TON OF WORK SO THANK YOU FOR PUTTING IT TOGETHER AND TRYING TO EXPLAIN IT TO US. I KNOW IT'S A LOT TO CHEW BUT IT'S IT'S GREAT WORK BECAUSE I THINK YOU COMMISSIONER ALBERT I THANK YOU CHAIR I JUST HAVE ONE COMMENT. MR. JOHNSON, YOU CREATE THIS LOGO, THIS STREAMLINED DEVELOPMENT. I DID NOT. THAT WAS MY COLLEAGUE TOM RAMBLER AND HE HELPED ME PREPARE ALL THESE MATERIALS TONIGHT. HE COULDN'T HERE TONIGHT BUT HE WAS MY PARTNER IN CRIME IN THIS PROJECT SO WELL DONE ON THE MULTIPLE ONES THERE'S THE THERE'S THAT THERE'S THE LOT GOING ON THERE'S NO TWO DIFFERENT LOGO ANIMATION THOUGH. WELL THAT WAS THE ANIMATION THAT WAS MY THAT WAS MICHAEL WORK FOR US OH IT'S A STUDY SESSION I'LL LET I'LL LET MIKE KNOW YOU'RE ON THIS THE ANIMATIONS. IT'S GREAT. ALL RIGHT. THANK YOU. ITEM FOUR IS A REVIEW OF OUR MEETING SYNOPSIS FROM APRIL 4TH AND ACCORDING TO MY READ COMMISSIONERS CURRIE AND MCGOVERN WERE ABSENT IF I MAY HAVE A MOTION COMMISSIONER ALBRECHT THANK YOU CHAIR I MOVE TO APPROVE THE DRAFT APRIL FOURTH 2024 PLANNING COMMISSION MEETING SYNOPSIS SECOND ALL RIGHT WE HAVE A MOTION AND A SECOND. IS THERE ANY DISCUSSION SEEING THAT ALL THOSE IN FAVOR SAY I I OPPOSED ABSTAIN ABSTAINED MOTION PASSES ITEM NUMBER FIVE IS THE POLICY AND ISSUE UPDATE ANIMALS YOUR MARKET GUIDE TO WHEN COMMISSIONERS OUR NEXT MEETING WILL BE JUNE 6TH AND WE HAVE FOUR ITEMS ON THAT AGENDA TWO CONDITIONAL USE PERMITS FOR RESTAURANTS, ONE FOR FULL TILT TAVERN EXPANSION AND ONE FOR CONVERSION OF A CONVENIENCE STORE TO PIZZA RESTAURANT PIG ATE MY PIZZA AND THEN WE HAVE TWO ITEMS ONE AT KENNEDY HIGH SCHOOL AND ONE AT JEFFERSON HIGH SCHOOL FOR EXPANSION OF THE ATHLETIC FIELDS WITH ADDITIONAL SEATING AND THEN TWO WEEKS AFTER THAT ON JUNE 20TH WE HAVE FOUR ITEMS ON THAT AGENDA PUBLIC HEARING FOR A CONDITIONAL USE PERMIT FOR INDOOR AND ENTERTAINMENT AT 7700 WEST OLD SHAKOPEE ROAD. WE ALSO HAVE A PUBLIC HEARING ON CITY CODE AMENDMENTS FOR CANNABIS BUSINESS STANDARDS. SO THE STUDY MEETING WE DISCUSSED AND THE STUDY ITEM WE DISCUSSED MAY 3RD IS AN UPDATE ON THE RIVERVIEW CORRIDOR TRANSIT PROJECT AND THEN FOURTH A STUDY ITEM ON SINGLE ROOM OCCUPANCY OR SRO HOUSING STANDARDS. THAT'S WHAT WE HAVE COMING UP. ALL RIGHT. AND JUST A REMINDER IF THE COUNCIL DETERMINES AN EAW IS REQUIRED, THEN WE WOULD BE CONTINUING AN ITEM THOSE THOSE STADIUM ITEMS ON JUNE 6TH. CHAIR ROHMAN COMMISSIONERS THAT WOULD BE OUR RECOMMENDATION WOULD BE TO INDEFINITELY CONTINUE THOSE ITEMS TO ALLOW THE EAW TO BE PREPARED SO THEY'LL BE ON THE AGENDA ONE WAY OR THE OTHER. WHAT WE NEED TO DO WITH THAT INFORMATION IS BASED ON WHAT COMES OUT OF THE CITY COUNCIL CHAIR ROOM AND THAT'S CORRECT. OKAY. OTHER ITEMS FOR THIS TOPIC, COMMISSIONER GOTTESMAN THANK YOU CHAIR FOR THE THREE PEOPLE WATCHING ON TV THERE ARE TWO SEATS THAT ARE ACCEPTING APPLICATIONS FOR NEW COMMISSIONERS SO I KNOW THE APPLICATION WINDOW IS OPEN TILL NEXT WEEK MONDAY I THINK. ALL RIGHT SOON. SO IS THE DEADLINE TO FIND THIS THRILLING. FEEL FREE TO APPLY AND JUST TRY TO BE HERE IF. YOU ARE ONE OF THOSE REGULAR AT SOME OF OUR USED TO BE COME JOIN US IF ANYTHING ELSE COMMISSIONER CURRY THANKS CHAIR YOU KNOW IT'S JUST THINKING ON THE LAST MEETING WE HAD THE PUBLIC TESTIMONY ABOUT WHEN WE'RE TALKING ABOUT REDUCING SPEED LIMITS AND THE MOM CAME IN TO TALK ABOUT HER SON WHO HAD BEEN HIT BY A CAR TWICE I THINK IN TWO SEPARATE YEARS AND WE WERE APPARENTLY WENT THROUGH ALL WE HAD TO GO THROUGH A HOLISTIC CITYWIDE ANALYSIS OF SPEED TO CHANGE SOMETHING THERE. I DON'T KNOW IF THERE'S LIKE A PROCESS IN PLACE THAT YOU KNOW HOW WE HOW WE GO ABOUT AMENDING SPEED LIMITS IN CERTAIN INSTANCES OR SAFETY THINGS IN CERTAIN INSTANCES FOR THE ROAD. BUT I DON'T KNOW IF THAT'S SOMETHING THAT WE SHOULD BE GOING OVER AS A PLANNING COMMISSION TO SAY YOU KNOW, AT LEAST AROUND OR SOMETHING WE SHOULD JUST BE ABLE TO DO SOMETHING WITHIN LIKE A MONTH TIME FRAME INSTEAD OF LIKE THREE YEARS AND I DON'T KNOW IF THERE'S ANY I THINK YOU'RE RIGHT AND I THINK WHAT I RECALL FROM THAT CONVERSATION WITH MR. IS THAT NOW WE CAN UNTIL WE DIDN'T HAVE ANY MECHANISM IN OUR CODE TO ALLOW THAT SO GLEN NOT THINK OTHERWISE BUT I THINK IN GENERAL YOU'RE RIGHT AND JUST DIDN'T EXIST UNTIL TWO WEEKS AGO OR UNTIL MONDAY WHEN THE CITY COUNCIL IT JEROME AND WE DO HAVE AN ENGINEERING REPRESENTATIVE WITH US TONIGHT BRIAN HANSEN I DON'T IF YOU WOULD HAVE AN ANSWER TO THAT QUESTION I THINK GLEN NO, I THINK SHERYL AND SAID IT WELL I THINK THAT WAS THE ISSUE. IT WASN'T THAT WE THE CITY WASN'T AWARE OF THAT AN ENGINEERING STAFF WASN'T AWARE OF IT. WE DIDN'T HAVE A MECHANISM BE ABLE TO DO THAT AND NOW WE DO HAVE THAT MECHANISM SO THAT IS GOING TO BE IMPLEMENTED AND AS I SAID THE MEETING THE LAST MEETING THAT THAT PARTICULAR SCHOOL IS ON IS SLATED TO HAVE SOME SCHOOLS ON SPEED LIMITS INSTALLED PRIOR TO THE START OF CLASS NEXT YEAR IN THE FALL OF 2025. OKAY SO THEN ON THE LIKE IN THE SEAT IN TERMS OF THE SAFETY ASPECT OF IT BECAUSE I THINK WE HAD BASICALLY TWO SEPARATE TOPICS THAT WE DISCUSSED SPEED CALMING AND SPEED LIMITS AND WE OBVIOUSLY JUST FINISHED THE SPEED LIMITS PART. SO DOES THAT MEAN THAT THERE'S NO NO MECHANISM TO IMPROVE SAFETY OR IT'S LIKE TO GO THROUGH A QUICKER PROCESS OF , YOU KNOW, INCREASING CONTROLS I GUESS AROUND SCHOOLS OR SENSITIVE AREAS USING SPEED CONTROLS OR WELL AS AS CONTROLLER STATED LAST TIME WE DID HAVE THE ABILITY TO DO TO IMPLEMENT THOSE SPEED SPEED LIMIT CHANGES MOST RECENTLY WE DO I KNOW THAT OUR TRAFFIC ENGINEERING DOES REVIEW REQUESTS AND WE DO EVALUATE OUR SAFETY CONCERNS AND ISSUES AND WE CAN ACT ON THOSE WITHOUT GETTING INTO TOO MUCH DETAIL ABOUT THAT SPECIFIC LOCATION. I KNOW THAT THERE HAVE BEEN PREVIOUS STUDIES AND PREVIOUS THINGS THAT HAD BEEN PROPOSED TO HELP TO MITIGATE SOME OF THOSE CONCERNS IN THE PAST THAT ACTUALLY WENT AS FAR AS THE COUNCIL AND WEREN'T APPROVED AT THAT TIME. SO THERE BEEN EFFORTS IN THE PAST TO ADDRESS SOME OF THE CONCERNS STAFF HAD HEARD. SO I THINK THAT THE SCHOOL SPEED LIMITS NOW HAVING AN ABILITY TO INSTALL THOSE IS GOING TO BE A GOOD TOOL TO HELP ADDRESS THOSE CONCERNS WE HEARD AT THE PLANNING COMMISSION MEETING. OKAY. WELL NOW THAT I'M THINKING ABOUT IT, I THINK AS PART OF THOSE SPEED CALMING TRAFFIC CALMING DISCUSSION, ONE OF THE ASPECTS THAT WE TALKED ABOUT WAS LIKE LOCAL RESIDENTS FOR IT OR HOW ARE THINGS GOING TO GET PAID FOR. SO IT SOUNDS LIKE TO ME THAT DON'T HAVE LIKE A CLEAR PROCESS TO EXPEDITE A CHANGE. I DON'T KNOW WHEN THAT TRAFFIC CALMING TOPIC IS GOING TO COME BACK UP AND GET THAT FINISHED BUT I THINK THAT SEEMS LIKE SOMETHING THAT WE SHOULD PROBABLY JUST GET DONE IF WE HAVE NO MECHANISM OF DOING IT RIGHT NOW RIGHT. YEAH. THE TRAFFIC CALMING I MEAN THAT'S A DIFFERENT PROGRAM. I HAVE HAD IN PLACE FOR QUITE A WHILE AND THERE'S A PROCESS IN PLACE FOR THAT AND IT DOES ALLOW RESIDENTS THAT ARE INTERESTED TO YOU TO BRING FORWARD A APPLICATION TO SEE YOU KNOW AND A CONCERN THAT WE'LL LOOK INTO BUT WITH VERY THOSE THINGS MEAN AS MUCH AS WE'D LIKE TO ADDRESS IT RIGHT AWAY AND AS SOON AS POSSIBLE I AGREE WITH YOU ON THAT. BUT WE ALSO NEED TO DO OUR DUE DILIGENCE ON OUR SIDE TO, GET ANALYSIS TO COLLECT THE DATA AND UNDERSTAND WHAT THE ISSUE ACTUALLY IS BECAUSE IF WE TRY TO ADDRESS AN ISSUE THAT COMES UP THERE MAY BE ONE OR ONE OFF EVENT. YOU KNOW, IF THERE'S IF THERE'S A PROBLEM THAT'S PERSISTENT, WE SHOULD ADDRESS AND MAKE SURE THAT WE ADDRESS IT CORRECTLY AS OPPOSED TO JUST REACTING TO SINGLE PROBLEM. OBVIOUSLY WE DON'T WANT ANY INCIDENTS OUT THERE BUT WE JUST WANT TO MAKE SURE THAT WE UNDERSTAND, YOU KNOW, WHAT THE BEST MECHANISM IS TO ADDRESS THAT ISSUE. OKAY. WELL, I DON'T KNOW. I THINK JUST SEEMS TO ME IT SEEMS CRAZY. I THINK THERE'S A COUPLE OF THINGS THERE. I'M HEARING BOTH OF YOU CORRECTLY I THINK ON THE SCHOOL QUESTION I THINK THERE IS AN INTENTION FROM THE STAFF TO HOLISTICALLY DEAL WITH EACH OF THE I DON'T KNOW, 29 SOMETHING LIKE THAT SCHOOL FACILITIES THAT WE HAVE IN THE CITY AND I THINK I SAW ON THE COUNCILMAN IT YESTERDAY THAT THERE ARE THREE OF THOSE AREAS THAT ARE GOING TO BE DEALT WITH THIS SUMMER. IT'S THE OLSON JEFFERSON CORRIDOR, IT'S THE PABLO BRIDGE CORRIDOR AND IT'S THE OAK GROVE CORRIDOR IF I'M CORRECT ME IF I'M WRONG, MR. HANSON AND, I THINK IT WILL TAKE TIME FOR THEM TO ASSESS THE REMAINING ONES. AND SO THERE'S SCHOOL QUESTION WHICH MY INSTINCT IS THAT THAT'S THAT'S HAPPENING. IT JUST WILL BE A PROCESS OF THAT HAPPENING. THE OTHER THING YOU'RE TALKING ABOUT WHICH IS A GOOD PROGRAM I UNDERSTAND THE TRAFFIC THE TRAFFIC CALMING OR THE TRAFFIC THAT'S THAT'S A WHEN ASKED WHAT KIND OF A PROGRAM IT'S NOT A PROACTIVE PROGRAM AM I WRONG ON THAT RIGHT THAT IS A PROGRAM THAT'S IN PLACE FOR RESIDENTS TO INITIATE LOCAL TRAFFIC CONCERNS THEY DEEM NEED TO BE ADDRESSED BY THE CITY AND THEY CAN BRING THOSE TO OUR ATTENTION SOME THINGS THAT MAY BE THAT BE IN OUR PURVIEW AT THAT POINT BUT THEY WANT TO BRING THOSE FORWARD. THERE'S A PROCESS FOR THEM TO DO SO CORRECT? GO AHEAD. OKAY. WELL, I DON'T KNOW I DON'T KNOW IF THERE'S ANYTHING TO DO THAT WE CAN KEEP THAT FROM SOMETHING LIKE THAT FROM HAPPENING OR BE MORE RESPONSIVE IS JUST ALARMING. YEAH, THAT I THINK COULD HAPPEN. I THINK YOU'RE RIGHT AND I THINK THE BEST ANSWER I MYSELF HAVE FOR SOMEONE IN FRONT OF ME IS THIS IS GROUP OF PEOPLE WHO ARE HERE TODAY AND THE COUNCIL THAT WE HAVE TODAY THINK IT'S A DIFFERENT DAY AND IT'S A DIFFERENT I'VE MORE RESPONSIVENESS TO A LOT OF THOSE THINGS IN THE LAST NUMBER OF THAN MY EXPERIENCE WAS BEFORE THAT SO I THINK I AGREE WITH YOU AND I JUST THINK THE ANSWER TO FOLKS IS THIS GROUP OF PEOPLE SITTING HERE IN THIS GROUP OF PEOPLE WHO SIT HERE ON MONDAYS ARE NOT THE SAME PEOPLE WHO SAT HERE WHEN THIS WAS BROUGHT UP FIVE YEARS AGO. I SAW IT WITH HER BUT GENERALLY SPEAKING I THINK IT'S A IT'S A DIFFERENT AND YOU KNOW STAFF TURNOVER AND THE PERSPECTIVE EVOLVES OVER TIME. OKAY. SO YOU'RE RIGHT. I'M NOT YOU'RE RIGHT I JUST DON'T KNOW WHAT THERE IS THAT WE CAN DO TO HELP. THAT'S ALL I WANT TO REITERATE TOO. I AGREE WITH YOU THAT, YOU KNOW, WE WANT TO ADDRESS YOU KNOW, HAVING ONE INCIDENT IS ONE INCIDENT TOO MANY IN OUR IN OUR ESTIMATION OBVIOUSLY. BUT SOMETIMES, YOU KNOW, THERE ISN'T ALWAYS MAYBE A QUICK THOUGH AS MUCH AS WE'D LIKE TO BE ABLE TO SAY YES, THERE'S AN INCIDENT RIGHT HERE. WE CAN GO OUT THERE IT OUT RIGHT AWAY. OFTENTIMES THE SOLUTION ISN'T THE QUICK FIX AND IT'S MORE SYSTEMATIC AND THERE'S OTHER ISSUES AT PLAY THAT YOU KNOW, NOT AS EASY AS IS INSTALLING AC IN OR DOING SOMETHING LIKE THAT EVEN THOUGH THAT MAY YOU KNOW, SHOW THAT THERE'S THERE'S BEEN A RESPONSE TO SOMETHING AND MAY NOT BE THE RIGHT RESPONSE. SO I THINK THAT'S KIND OF A BALANCE THAT WE'RE ALWAYS TRYING TO MAKE IS HOW CAN WE ADDRESS THOSE AS QUICKLY AS POSSIBLE BUT ALSO IT IN THE CORRECT WAY AS POSSIBLE SO WE'RE NOT JUST TRYING TO INCLUDE REACT WOULD BE PROACTIVE BUT HOW WE ADDRESS OTHER THANK YOU BRING OTHER ITEMS FOR THE ALL RIGHT SEEING DON WE ARE ADJOURNED UNTIL JUNE 6TH