This transcript is from the **Bloomington Planning Commission** meeting on May 25, 2023. Based on the context provided and the names mentioned within the dialogue, I have identified the speakers as **Chair Jon Roman** (phonetically "Rohman" in the text), Planning Manager **Nick Johnson**, Staff Planner **Rick Bell** ("Rick Bill"), various Planning Commissioners, and members of the public. *** [00:00] **Chair Jon Roman**: EVENING AND WELCOME TO THE MAY 25TH 2023 MEETING OF THE BLOOMINGTON PLANNING COMMISSION. THE PLANNING COMMISSION IS MADE UP OF SEVEN VOLUNTEER BLOOMINGTON RESIDENTS APPOINTED BY THE CITY COUNCIL. TONIGHT WE HAVE SIX WHICH IS A QUORUM. THE COMMISSION ADVISES THE CITY ON DEVELOPMENT PROPOSALS, DEVELOPMENT STANDARDS, LONG RANGE PLANNING, AND TRANSPORTATION ISSUES. OUR WORK IS INFORMED BY THE CITY'S COMPREHENSIVE PLAN, VARIOUS DISTRICT PLANS, AND THE CITY CODE. FOR SOME ITEMS THE COMMISSION MAKES A RECOMMENDATION WITH THE CITY COUNCIL HAVING THE FINAL DECISION MAKING AUTHORITY. IN OTHER CASES THE PLANNING [COMMISSION] CAN APPROVE OR DENY AN APPLICATION SUBJECT TO AN APPEAL TO THE CITY COUNCIL. FOR EACH ACTION ITEM THERE WILL BE A STAFF REPORT, AN OPPORTUNITY FOR THE APPLICANT TO PRESENT, THEN TIME FOR ANY MEMBER OF THE PUBLIC TO PROVIDE TESTIMONY. OUR FIRST ORDER OF BUSINESS TONIGHT IS THE PLEDGE OF ALLEGIANCE. PLEASE STAND AS YOU ARE ABLE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. ALL RIGHT, BEFORE WE BEGIN, I WOULD ASK THE PLANNING MANAGER TO SHARE ON PROVIDING REMOTE TESTIMONY. [00:02] **Nick Johnson (Planning Manager)**: YES, CHAIRMAN, WE DO HAVE ONE PUBLIC HEARING THIS EVENING AND PEOPLE IN THE CHAMBERS CAN TESTIFY LIVE FOR THAT PUBLIC HEARING. IF YOU'RE WATCHING REMOTELY FROM HOME, YOU CAN ALSO TESTIFY. WHAT YOU WOULD DO IS CALL THE NUMBER ON THE SCREEN AND ENTER THE ACCESS CODE AND THEN A FOUR-DIGIT PASSWORD WHICH WE WILL HAVE SCROLLING ON THE SCREEN DURING THE ITEM AS YOU'RE WATCHING THIS EVENING. THANK YOU. [00:03] **Chair Jon Roman**: THE FIRST ITEM TONIGHT IS A CITY CODE AMENDMENT THAT MAKES SOME MODIFICATIONS TO THE MOBILE FOOD UNITS ORDINANCE, BETTER KNOWN AS FOOD TRUCKS. AND FOR THIS ONE WE HAVE PLANNER RICK BELL WITH THE PRESENTATION. [00:03] **Rick Bell (Staff Planner)**: GREAT. THANK YOU. IT'S SO NICE TO BE HERE WITH YOU. SO CHAIR ROMAN ANNOUNCED TODAY WE ARE HERE TO TALK ABOUT MODIFYING THE PERMITTED HOURS FOR MOBILE FOOD UNITS. CASE NUMBER 2023-56. AND BY MOBILE FOOD UNITS WE MEAN FOOD TRUCKS. TO GIVE YOU ALL SOME BACKGROUND AND PROVIDE SOME CONTEXT, ON APRIL 25TH—SO JUST OVER A YEAR AGO—CITY COUNCIL DID AN ORDINANCE THAT ESTABLISHED STANDARDS FOR FOOD TRUCKS. AND AS PART OF THAT ORDINANCE ADOPTION, WE WANTED TO REVIEW THE RESULTS AFTER A YEAR. AND SO LAST MONTH THESE RESULTS CAME TO FRUITION WHERE PLANNER SUBMITTED A REPORT TO THE WEEKLY REPORT. AND IN THAT REPORT, SOME OF THE RESULTS STATED THAT THERE WERE 16 NEW MOBILE FOOD UNITS IN BLOOMINGTON AND THAT THERE WERE NO COMPLAINTS FROM RESIDENTS OR BRICK-AND-MORTAR RESTAURANTS IN THE 12-MONTH OBSERVATION PERIOD. SO WHERE WE ARE HERE THIS EVENING IN MAY 2023, BECAUSE THERE HAS BEEN A REQUEST FOR A BREAKFAST FOOD TRUCK, THERE IS A FEELING THAT THE HOURS OF LIMITATIONS NEAR RESIDENTIAL SPACES IS A BARRIER TO ESTABLISH A MARKET IN BLOOMINGTON. STAFF FELT THAT THIS WAS A FAIR OBSERVATION AND CONSIDERING THE INFORMATION IN THE REPORTS PRODUCED, THERE DOES EXIST A POSSIBILITY TO ACCOMMODATE THIS REQUEST AS STANDALONE POLICY. NOW TYPICALLY THIS IS SOMETHING THAT WE MIGHT INCLUDE IN THE MISCELLANEOUS ISSUES ORDINANCE WHICH, AS YOU KNOW, HAPPENS IN THE THIRD QUARTER, BUT THIS BEING PRIME FOOD TRUCK SEASON, WE FELT THAT IT WAS SUFFICIENT TO BRING A FOOD TRUCK ORDINANCE POLICY AT THIS TIME. SO THAT BRINGS US TO TODAY, AND THEN IN JUNE WE HAVE A PUBLIC HEARING FOR CITY COUNCIL SCHEDULED. SO FOR SOME STANDARDS—THE STANDARDS FOR OUR MOBILE FOOD UNITS—THESE ARE THE STANDARDS THAT RELATE ADDITIONALLY ONLY TO FOOD TRUCKS THAT WANT TO OPERATE WITHIN 250 FEET OF AN AREA USED AND ZONED RESIDENTIAL. THE FOOD UNIT MAY NOT PARK OR OPERATE IN THE PUBLIC RIGHT-OF-WAY. THE MOBILE FOOD UNIT IS REQUIRED TO PARK ON A HARD SURFACE AND CANNOT PARK ON SOFT GROUND. MOBILE FOOD UNITS MAY NOT BLOCK SIDEWALKS OR OTHERWISE IMPEDE TRAFFIC. MOBILE UNITS MAY BE PARKED AT LEAST TEN FEET AWAY FROM A BUILDING ENTRANCE OR ANOTHER MOBILE FOOD UNIT. THEY MAY NOT LOCATE WITHIN 200 FEET OF AN EXTERIOR ENTRANCE TO A RESTAURANT OR BUILDING OCCUPIED BY A RESTAURANT UNLESS THEY HAVE APPROVAL TO DO SO BY THE OWNER OF THAT RESTAURANT. NO FOOD UNIT MAY BE LOCATED WITHIN A PARKING STRUCTURE. THE MOBILE FOOD UNIT MUST DEPART FROM THE SITE WHEN NOT IN OPERATION. THE MOBILE UNIT MUST PROVIDE TRASH AND RECYCLING RECEPTACLES. THERE IS NO LIQUID WASTE THAT MAY BE DUMPED OR DRAINED. ALL SIGNS MUST BE AFFIXED TO THE MOBILE FOOD UNIT AND IN COMPLIANCE WITH CHAPTER 19 ARTICLE TEN, AND NO SOUND AMPLIFICATION, NO NOISEMAKERS, AND NO FLASHING LIGHTS ARE PERMITTED. SO AS IT RELATES TO THE TIMES FOR OPERATING HOURS, TYPICALLY THE NORMAL MOBILE FOOD OPERATING HOURS ARE FROM 7 A.M. TO 10 P.M. AND THESE ARE FOR LOCATIONS THAT ARE ZONED AND USED NON-RESIDENTIALLY. AND JUST FOR CLARIFICATION, THAT INCLUDES OUR COMMERCIAL, INDUSTRIAL, AND MIXED-USE DISTRICTS. BUT WHEN THE PROPERTY LINE FOR A LOCATION IS WITHIN 250 FEET OF THE MOBILE UNIT, THE HOURS ARE DECREASED TO THE TIME FROM 10 A.M. TO 9 P.M. AND THOSE CAN BE EITHER FOR A SINGLE-FAMILY DISTRICT OR IT COULD BE FOR A MULTI-FAMILY BUILDING. BUT THIS DOES NOT APPLY TO MOBILE FOOD UNITS OTHERWISE APPROVED FOR A SPECIAL EVENT. SO THE EXCEPTIONS STAFF IDENTIFIED AS WAYS THAT WE CAN ACCOMMODATE EARLIER SALES WHILE PREVENTING DISTURBANCE TO NEARBY RESIDENTIAL PROPERTIES IS THE REQUIREMENT THAT AN ARTERIAL OR COLLECTOR STREET OR A NON-RESIDENTIAL BUILDING IS LOCATED BETWEEN THE MOBILE FOOD UNIT AND THE RESIDENTIAL USE. SO THAT WOULD BE THE EXCEPTION THAT WE'RE ALLOWING IF A FOOD TRUCK WANTS TO OPERATE BETWEEN 7 A.M. AND 10 A.M., AND IT DOES ALLOW FOR THE POSSIBILITY OF BETWEEN 9 P.M. AND 10 P.M., THOUGH THAT MAY NOT BE AS POPULAR OF A TIMEFRAME GIVEN THAT IT'S ONLY AN HOUR. I'VE PROVIDED SOME LOCATIONS FOR MOBILE FOOD UNITS TO SEE HOW THIS PROPOSAL WOULD MODIFY OR ALLOW FOR THAT. THIS PHOTO THAT I'M SHOWING ON THE SCREEN, THE ARTERIAL STREET IN QUESTION IS OLD SHAKOPEE ROAD WHICH IS DIAGONAL ACROSS THE SCREEN, AND THEN ON THE LEFT-HAND SIDE YOU HAVE PENN AVENUE OTHERWISE KNOWN AS COUNTY ROAD 32. AND SO WE HAVE WHAT IS I BELIEVE A POND COMPANY SUPPLY. AND YOU WILL SEE THAT THE GREEN RECTANGLE, WHICH IS PARKED IN THE NON-RESIDENTIAL SPACE, IS BLOCKING OR IS SCREENING THE RESIDENTIAL BUILDINGS THAT ARE TO THE SOUTH AND SOUTHWEST. SO THAT IS WHERE THE PARK AND SOME OF THE CONDOS ARE RIGHT NEXT TO IT, AND THE BUILDING THAT HOUSES THE POND COMPANIES SCREENS THE RESIDENTIAL USE THAT IS TO THE NORTH, THAT IS THE PENN PLACE APARTMENTS. AND SO THIS IS A SITE THAT WOULD BECOME ELIGIBLE FOR EARLIER SALES. NOW GRANTED, THE COMPANY—THE POND STORE—WOULD HAVE TO AGREE TO ALLOW THE MOBILE FOOD UNIT TO OPERATE. THE SECOND SITE THAT I'VE ANIMATED AS PART OF THIS PRESENTATION IS NICOLLET AND WEST 98TH STREET. SO WE HAVE THE ARTERIAL STREET THAT IS ACROSS THE SLIDE AND WE HAVE RESIDENTIAL SPACES THAT ARE SCREENED FROM THE MOBILE FOOD SITES THAT I HAVE IDENTIFIED WITH YELLOW AND GREEN RECTANGLES. THE RESIDENTIAL BELOW CONTAINS BOTH SINGLE-FAMILY HOMES AS WELL AS A MULTI-FAMILY STRUCTURE TO THE SOUTH. AND THEN THE BUILDINGS PROVIDE SCREENING TO THE RESIDENTIAL BUILDINGS THAT ARE TO THE NORTH. WHAT'S INTERESTING ABOUT THIS SITE IS WE HAVE A RESTAURANT—AS INDICATED BY THE YELLOW SQUARE—AND I BELIEVE THIS IS AN ACE STORE OR A HARDWARE STORE. THE YELLOW SQUARE WOULD BE ALLOWED FOR SALES. HOWEVER, GIVEN ITS PROXIMITY TO A RESTAURANT, THEY WOULD HAVE TO HAVE APPROVAL FROM THE BURGER KING RESTAURANT THAT IS NEXT DOOR IN ORDER TO OPERATE IN THAT LOCATION. IF THEY DID NOT GET THE OPPORTUNITY TO HAVE PERMISSION FROM THE BURGER KING, THERE IS A SITE 200 FEET AWAY IN, I BELIEVE, THIS PRINT PARKING LOT WHERE EARLIER SALES WOULD BE PERMITTED. AGAIN, THEY WOULD HAVE TO HAVE PERMISSION FROM THAT PROPERTY OWNER IN ORDER TO SET UP SHOP. AND THEN FINALLY WE HAVE OUR THIRD EXAMPLE WHICH EXISTS AT 98TH STREET AND LYNDALE. AND I HAVE SINCE UPDATED THIS PHOTO FROM THE ONE THAT WAS IN THE STAFF REPORT BECAUSE I REALIZED AFTER PUBLISHING THE REPORT THAT ONE OF THE LOCATIONS WHICH I THOUGHT WAS AN OFFICE BUILDING IS A MCDONALD'S. SO IT IS PROBABLY SAFE TO ASSUME THAT IT WOULD BE ALLOWED TO HAVE A FOOD TRUCK SERVING BREAKFAST FOOD IN A MCDONALD'S PARKING LOT. HOWEVER, THAT DOES NOT IMPACT THE HOURS OF SALES. SO IF, SAY FOR EXAMPLE, FOOD TRUCKS OPERATE AT THIS CORNER AND WERE ABLE TO GET PERMISSION FROM THE NEARBY RESTAURANT, THEY WOULD BE ABLE TO OPERATE IN THESE SPACES THAT ARE SCREENED BY THE COLLECTOR AND ARTERIAL STREET FROM THE RESIDENTIAL SPACES TO THE NORTH AND TO THE EAST. WE DID DO A RAPID RACIAL EQUITY IMPACT ANALYSIS AS PART OF THIS PROCESS, AND THE TAKEAWAYS FROM THE RAPID EQUITY ANALYSIS ARE THAT THE DOMINANT FOOD SYSTEM DISPROPORTIONATELY RELIES ON BIPOC PERSONS TO PERFORM THE MOST TECHNICAL, PHYSICALLY TAXING, AND INJURIOUS FOOD PROCESSING TASKS, OFTEN WITHOUT A PATHWAY TO EQUITY OR OWNERSHIP. THIS ORDINANCE REPRESENTS A SMALL CHANGE TO SUPPORT LOCAL BUSINESSES AND THAT PATHWAY TO EQUITY. VENDORS MAY BENEFIT FROM INCREASED FLEXIBILITY AND NEARBY RESIDENTS MAY BENEFIT FROM AN EMERGENT PLACE. OF COURSE, THE POSSIBILITY DOES EXIST THAT RESIDENTS MAY BE ADVERSELY IMPACTED, BUT WE FELT THAT THE IMPACT OR THE LIKELIHOOD OF IMPACT WOULD BE LOW CONSIDERING THE PAST HISTORY THAT WE HAVE AND THE OTHER NEW STANDARDS THAT ARE IN PLACE. AND WITH THAT, OUR RECOMMENDATION IS THAT YOU RECOMMEND APPROVAL VIA THE FOLLOWING MOTION. THANK YOU. [00:12] **Chair Jon Roman**: THANK YOU FOR THAT. QUESTIONS FOR STAFF? COMMISSIONER ABDI. [00:12] **Commissioner Abdi**: THANK YOU CHAIR AND THANK YOU FOR THE GREAT ANIMATIONS. I REALLY UNDERSTOOD MORE AS YOU PRESENTED. TWO QUESTIONS. ONE: THE 200-FEET DISTANCE—IS THAT BASED ON THE TRUCK TO THE OTHER RESTAURANT OR IS IT TO THE PROPERTY LINE? [00:13] **Rick Bell (Staff Planner)**: CHAIR ROMAN, COMMISSIONER ABDI, IT IS TO THE FRONT ENTRANCE OF THE RESTAURANT OR ONE OF THE ENTRANCES TO THE RESTAURANT AND NOT THE PROPERTY LINE. SO THE FRONT ENTRANCE TO THE TRUCK LOCATION. [00:13] **Commissioner Abdi**: CORRECT, OKAY. AND THE RESTAURANT—SO THE TRUCK LOCATION TO THE DOORS. THE SECOND QUESTION—AND I APOLOGIZE IF I DIDN'T REACH OUT ON TIME. WHERE HAVE THE PREVIOUS FOOD BUSINESSES BEEN LOCATED? DO YOU KNOW IF YOU HAVE THAT DATA ON HAND? [00:13] **Rick Bell (Staff Planner)**: I DO NOT HAVE THAT DATA ON HAND. PLANNING MANAGER JOHNSON, DO YOU HAVE ANY OBSERVATIONS? [00:14] **Nick Johnson (Planning Manager)**: CHAIR ROMAN AND COMMISSIONER ABDI, COULD YOU REPEAT THE QUESTION? [00:14] **Commissioner Abdi**: OH, I WAS WONDERING—WE HAD ROUGHLY 16 LICENSES WE APPROVED IN THE PAST YEAR. OF THE TOTAL 16, WHERE HAVE THEY BEEN OPERATING IN BLOOMINGTON? ARE THEY AT THE AIRPORT, CLOSER TO THE AIRPORT, HIGHER APARTMENTS HERE IN THE EAST SIDE OF THE CITY, OR IS IT CLOSER TO LIKE AMERICAN BOULEVARD RESIDENTIAL AREAS? I WAS JUST TRYING TO PLACE THEM. [00:14] **Nick Johnson (Planning Manager)**: CHAIR ROMAN AND COMMISSIONER, I THINK THEY'VE BEEN PRETTY WELL DISTRIBUTED CITYWIDE AND THERE ARE AREAS THAT ARE PROBABLY MORE POPULAR, CERTAINLY WHEREVER THERE TENDS TO BE MORE TRAFFIC AND OR PEDESTRIANS. [00:14] **Commissioner Abdi**: THANK YOU. ONE FINAL QUESTION: WITH THE FOOD TRUCK PERMITTING, CAN THEY SWITCH DIFFERENT LOCATIONS OR ARE THEY PERMITTED FOR THAT ONE PARTICULAR SITE? [00:14] **Nick Johnson (Planning Manager)**: CHAIR ROMAN AND COMMISSIONER ABDI, THE LICENSE—THEY CAN OPERATE ANYWHERE IN THE CITY FOR THAT YEAR AS LONG AS IT'S A CODE-COMPLIANT LOCATION. [00:15] **Commissioner Abdi**: THANK YOU. I DIDN'T MEAN TO PUT YOU ON THE SPOT. WELL DONE ON THE PRESENTATION. [00:15] **Chair Jon Roman**: THANK YOU. OTHER QUESTIONS FOR STAFF? COMMISSIONER GOLTZMAN. [00:15] **Commissioner Goltzman**: THANK YOU CHAIR. DID STAFF HAVE ANY THOUGHT ABOUT THE 7 A.M. START TIME VERSUS SOMETHING EARLIER LIKE 6:00? THINKING ABOUT BREAKFAST-TYPE FOODS AND PEOPLE GOING TO WORK, JUST THINKING AHEAD IF SOMEBODY COMES IN AND SAYS THEY WANT 6:00 VERSUS 7:00. [00:15] **Rick Bell (Staff Planner)**: CHAIR ROMAN, COMMISSIONER GOLTZMAN, WE DID NOT CONSIDER EXTENDING THE HOURS BUT THAT'S SOMETHING WE COULD DO EVENTUALLY. [00:15] **Chair Jon Roman**: QUESTIONS FOR STAFF? COMMISSIONER COOK. [00:15] **Commissioner Cook**: THANK YOU, MR. CHAIR. MR. BELL, I EMAILED YOU AND I DIDN'T GET A CHANCE TO SEE YOUR RESPONSE SO I'M GOING TO ASK HERE. I HAD SOME CONCERNS ABOUT BLOOMINGTON CENTRAL STATION BECAUSE THERE ARE NO ARTERIAL OR COLLECTOR ROADS IN THAT NEIGHBORHOOD. WE HAVE ZONED AND USED RESIDENTIAL. HOW WOULD THIS IMPACT BLOOMINGTON CENTRAL STATION? [00:16] **Rick Bell (Staff Planner)**: CHAIR ROMAN, COMMISSIONER COOK, BLOOMINGTON CENTRAL STATION AS A MIXED-USE DEVELOPMENT DOES NOT APPLY FOR THE EXCEPTION, SO THE CASE IS THAT THE EXTENDED HOURS FROM 7 A.M. TO 10 P.M. WOULD APPLY IN THE MIXED-USE DISTRICT. [00:16] **Commissioner Cook**: GOT IT. THANK YOU. [00:16] **Chair Jon Roman**: ANY OTHER QUESTIONS FOR STAFF? I HAVE ONE, AND MAYBE IT'S A QUESTION FOR PLANNING STAFF OR IF IT'S A QUESTION FOR LEGAL. THE WORDING IN THE ORDINANCE—I READ IT BUT I DIDN'T CATCH IT UNTIL I SAW YOUR SLIDE. IF YOU CAN GO BACK TO THE SLIDE... THANK YOU. SO WE CLEARLY SAY IN 4A THAT THE HOURS THEY CAN'T OPERATE ARE BETWEEN 10 P.M. AND 7 A.M. AND THEN 4A-1 SAYS YOU CAN'T OPERATE NEAR RESIDENTIAL BETWEEN 9 P.M. AND 10 A.M. UNLESS [CERTAIN CONDITIONS ARE MET]. MY QUESTION IS: DOES THAT LANGUAGE INADVERTENTLY OPEN THOSE AREAS UP TO 24 HOURS A DAY? [00:17] **Rick Bell (Staff Planner)**: CHAIR ROMAN, WE DO NOT BELIEVE IT DOES. WE AGREE THIS IS NOT WRITTEN IN THE BEST POSSIBLE FASHION. WE THOUGHT ABOUT REVISING IT MORE HOLISTICALLY BUT WE WANTED TO NARROW DOWN THE CHANGE TO BE THE MOST MINIMAL IT CAN BE WORKING WITH THE EXISTING FRAMEWORK. BUT WE BELIEVE THAT PROVISION 4A APPLIES CITYWIDE AND THE PROVISION FOR 4A-1 ONLY APPLIES IN THAT SUBSET IF YOU'RE LOCATED IN THAT AREA WITHIN 250 FEET. SO THE 4A WOULD CONTINUE TO APPLY. [00:18] **Chair Jon Roman**: THANK YOU FOR THAT. OTHER QUESTIONS FOR STAFF? YES. COMMISSIONER MCGOVERN. [00:18] **Commissioner McGovern**: I LIKE THE IDEA OF 16 NEW TRUCKS COMING IN. HOWEVER, I DON'T KNOW WHAT THEY WOULD BE SERVING. IS THERE AN OPPORTUNITY FOR THE CITY TO HAVE A MOBILE APP FOR THE TRUCKS TO INDICATE WHERE THEY WOULD BE LOCATED? BECAUSE IF I NEED COFFEE, I'D LIKE TO KNOW WHICH TRUCK IS LOCATED WHERE. [00:18] **Rick Bell (Staff Planner)**: CHAIR ROMAN, COMMISSIONER MCGOVERN, I LOVE THAT IDEA. THAT GENERALLY FALLS OUTSIDE OF THE PURVIEW OF THE ZONING CHANGES BUT I LIKE THAT IDEA. PLANNING MANAGER JOHNSON, WHO WOULD BE A GOOD DEPARTMENT TO DIRECT THAT SUGGESTION? [00:18] **Nick Johnson (Planning Manager)**: CHAIR ROMAN AND COMMISSIONER MCGOVERN, WE CAN DEFINITELY TAKE THAT UNDER ADVISEMENT AND TALK ABOUT IT INTERNALLY. ONE THING WE WANT TO CLARIFY IS, LEGALLY, CAN THE CITY BE IN THE ROLE OF PROMOTING OR ADVERTISING BUSINESSES? WE JUST WANT TO LOOK AT THAT A BIT. THANK YOU. [00:19] **Chair Jon Roman**: AND I THINK REALLY IT'S A GOOD QUESTION. EVEN JUST AS MORE OF AN INFORMATION ITEM—IF YOU HAVE A PERMIT AND YOU ARE CHOOSING TO OPERATE IN A COMPLIANT WAY, THE CITY DOESN'T REQUIRE YOU TO REGISTER THAT YOU'RE OPERATING ON A CERTAIN DAY, CORRECT? [00:19] **Rick Bell (Staff Planner)**: I BELIEVE THAT IS CORRECT, YES. [00:19] **Chair Jon Roman**: SOMEONE COULD... OTHER QUESTIONS FOR STAFF? ALL RIGHT. THANK YOU FOR THAT. THIS ITEM IS A PUBLIC HEARING SO I WILL OPEN THE PUBLIC HEARING. IF THERE'S ANYONE IN THE CHAMBERS WHO WOULD LIKE TO SPEAK ON THIS ITEM, I WOULD NOTE THAT OUR RULES OF PROCEDURE OFFER 3 MINUTES PER PERSON. IF YOU'D LIKE TO SPEAK, PLEASE COME FORWARD, SIGN IN ON THE SHEET, INTRODUCE YOURSELF, AND THEN THE FLOOR IS YOURS. [00:20] **Granville Heimer (Public Speaker)**: ALL RIGHT, WELL, MY NAME IS GRANVILLE HEIMER AND THIS IS MY BUSINESS PARTNER NICK PETERSON AND WE HAVE THE FOOD TRAILER CALLED SCRAMBLED EGG AND WE SERVE BREAKFAST FOOD. WE OPEN AT 7 A.M., CLOSE AT NOON, AND WE OPERATE TUESDAY TO SATURDAY. TODAY IS ACTUALLY OUR FIRST FULL MONTH OF OPERATION, SO WE'RE NEW AND IT'S BEEN A GREAT START. WE'RE PRIMARILY OPERATING OUT OF BLOOMINGTON BECAUSE I GREW UP HERE AND WE'RE TRYING TO BUILD A FOLLOWING AND GET THE COMMUNITY BEHIND US. IT'S BEEN A GREAT RECEPTION SO FAR; PEOPLE HAVE BEEN LOVING US. ONE OF THE MOST FUN THINGS ABOUT THIS SO FAR IS MEETING OTHER BUSINESS OWNERS AND SEEING HOW HAVING US ON THEIR PROPERTY BENEFITS THEIR BUSINESS BECAUSE IT JUST MAKES OUR CUSTOMERS HAPPY HAVING A FOOD OPTION RIGHT OUTSIDE. ALSO, I'M HOPING IT LEADS TO INCREASED SALES FOR THEM AS WE GET MORE POPULAR. WE'RE BIG FANS OF THIS MODIFICATION FOR THE ORDINANCE BECAUSE IT GIVES US MORE OPPORTUNITY TO TRY NEW SPOTS. SOME SPOTS WORK AND SOME DON'T, AND STREET VIEW IS ONE OF THE MOST IMPORTANT THINGS. A LOT OF THE ONES THAT YOU PROPOSED WERE PROPERTIES THAT WE WOULD LIKE TO GIVE A TRY, SUCH AS THE ACE HARDWARE OR THE PRINT SHOP, BUT RIGHT NOW WE CAN'T DO IT BECAUSE WE OPEN AT 7 A.M. AND WE ARE WITHIN 250 FEET OF A RESIDENTIAL PROPERTY. SO WE THINK THIS WOULD BE VERY BENEFICIAL FOR OUR BUSINESS AND ALSO FOR FUTURE FOOD TRUCK OWNERS. WE'D LOVE TO ANSWER ANY QUESTIONS YOU GUYS HAVE. [00:21] **Chair Jon Roman**: THIS BEING A PUBLIC HEARING AND THE CITY IS THE APPLICANT, WE DON'T HAVE TIME FOR A Q&A, BUT PERHAPS AFTER THE MEETING IF PEOPLE HAVE QUESTIONS THEY CAN CERTAINLY ASK. DID YOU HAVE ANYTHING YOU WANTED TO ADD? [00:22] **Nick Peterson (Public Speaker)**: JUST TO MIRROR WHAT HE SAID—IT'S BEEN REALLY GREAT MEETING WITH THOSE OTHER 16 FOOD TRUCKERS OR FOOD TRAILERS THAT WE'VE HAD AND THE HELP THAT THEY'VE GIVEN US. THIS IS A GOOD SPOT; THIS IS A GOOD WAY TO RUN IT IN BLOOMINGTON. I JUST REALLY APPRECIATE YOU GIVING US THE CHANCE TO SPEAK AND MAKE SOME CHANGES. [00:22] **Chair Jon Roman**: THANK YOU. HAVE A SEAT. I DON'T SEE ANYONE ELSE IN THE CHAMBERS AND IT LOOKS LIKE EVERYONE ONLINE IS STAFF. NOBODY TO TESTIFY ONLINE. ALL RIGHT. SO GIVEN THAT, I WOULD ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. [00:22] **Commissioner Albrecht**: MOTION TO CLOSE THE PUBLIC HEARING. [00:22] **Commissioner Goltzman**: SECOND. [00:22] **Chair Jon Roman**: THANK YOU. WE HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. (AYES). OPPOSED? THE PUBLIC HEARING IS CLOSED. DISCUSSION? [00:23] **Commissioner Albrecht**: THANK YOU CHAIR. I'M IN COMPLETE SUPPORT OF THIS. I THINK THAT IT MAKES SENSE BASED ON THE STUDY THAT WAS DONE AND THE SPECIFIC REQUEST FROM SOMEONE WHO WAS OPERATING A BUSINESS. THIS IS A GREAT OPPORTUNITY TO EXPAND HOURS AND I DON'T THINK IT HAS ANY ADVERSE EFFECT ON THE RESIDENTIAL PROPERTIES NEARBY; IN FACT, IT'S PROBABLY BENEFICIAL. I WOULD LOVE TO HAVE BREAKFAST ON MY WAY TO WORK AT A FOOD TRUCK. ALSO, I DID WANT TO MENTION THAT THE SPOT THAT YOU INDICATED BY THE ACE HARDWARE OR THE PRINT SHOP—THERE IS AN EXISTING FOOD TRUCK THERE AND THEY ARE SO BUSY ALL THE TIME. IT IS REALLY IMPRESSIVE AND I LOVE TO SEE THAT ACTIVATION IN BLOOMINGTON BECAUSE AFTER 7:00 IT'S PRETTY QUIET IN THAT AREA. PEOPLE LINE UP AT THAT TRUCK AND I THINK THAT NIGHTTIME ACTIVATION IS ONLY A GOOD THING FOR OUR NEIGHBORHOODS. EYES ON THE STREET, PEOPLE OUT AND ABOUT, PARTICULARLY IN THESE WARMER SUMMER MONTHS. SO I'M IN COMPLETE SUPPORT. [00:24] **Chair Jon Roman**: THANK YOU. AND WHAT I APPRECIATE ABOUT THIS—AND THANK YOU TO THE STAFF AND THE OTHER FOLKS IN THE CITY WHO ARE INVOLVED—WHEN WE SUGGEST CHANGES LIKE THIS, I APPRECIATE THAT WE'RE GROWING THIS ORDINANCE INCREMENTALLY AND IT'S NOT TAKING THREE TO FIVE YEARS EVERY TIME WE WANT TO MAKE AN INCREMENTAL CHANGE. ESPECIALLY AS WE GET CLOSER INTO RESIDENTIAL AREAS, IT HAS THE POTENTIAL FOR BOTH POSITIVE AND NEGATIVE IMPACTS. COMMISSIONERS MCGOVERN, COOK, AND I WERE AT A SESSION LAST NIGHT WITH OTHER BOARDS AND COMMISSIONS AND WE HAD A CONVERSATION ABOUT HOW THE NATURE OF WORK IS CHANGING. FOR SOME WHO ARE WORKING FROM HOME MORE OFTEN, THERE MAY BE TYPES OF ENTERPRISES LIKE THE MEMBERS OF THE PUBLIC WHO SPOKE TONIGHT OR MAYBE SOMEONE WHO OPERATES A COFFEE ESPRESSO TRUCK WHERE THEY FIND VALUE IN SETTING UP FOR A HALF HOUR ON ONE BLOCK AND THEN A HALF HOUR LATER ON COMMISSIONER GOLTZMAN'S BLOCK. BUSINESS OWNERS KNOW HOW TO FIGURE THESE THINGS OUT. I APPRECIATE THE INCREMENTAL CHANGE AND THE OPENNESS TO BRING THAT FOR CONSIDERATION. COMMISSIONER ABDI. [00:25] **Commissioner Abdi**: THANK YOU CHAIR. I'M IN SUPPORT OF THIS APPLICATION. SHAMELESS PLUG HERE: I'D LOVE TO SEE YOU GUYS ON AMERICAN AND 12TH. I THINK WE HAVE A ZONE OF FOOD ACTIVITIES AND I'M ALWAYS HOPEFUL FOR SOME NIGHTLIFE ACTIVITIES THERE. THERE'S SO MUCH RESIDENTIAL THERE BUT ALSO IT'S A HIGH TRAFFIC AREA. BUSY LIFE—WE COULD STOP BY FOR A QUICK BREAKFAST ON OUR WAY TO WORK. HOPEFULLY OTHER FOOD TRUCKS ARE ABLE TO COME BRING LIFE; THERE'S A LOT OF HOTELS IN THAT AREA TOO. QUESTION: ARE THERE ANY RESTRICTIONS ON HOW MANY FOOD TRUCKS THERE CAN BE? CAN THERE BE MORE THAN ONE FOOD TRUCK ON A PARKING LOT? [00:26] **Nick Johnson (Planning Manager)**: CHAIR ROMAN AND COMMISSIONER ABDI, THERE IS A NUMBER LIMIT. IT LOOKS LIKE THREE IS THE LIMIT ON ONE SITE OUTSIDE OF A SPECIAL EVENT. [00:26] **Commissioner Abdi**: LET'S HAVE A PARTY, GUYS. LET'S GO TO AMERICAN AND 12TH. [00:26] **Chair Jon Roman**: ANY OTHER DISCUSSION? COMMISSIONER COOK. [00:26] **Commissioner Cook**: MR. CHAIR, MR. ABDI JUST MADE ME THINK A LITTLE BIT. I BELIEVE WE ARE 200 FEET FROM A RESTAURANT. WHAT ABOUT LIKE A GROCERY STORE DELI? DOES THAT COUNT AS A RESTAURANT? I DEFER TO THE STAFF ON THIS ONE. THERE IS A GROCERY STORE COMING TO BLOOMINGTON CENTRAL STATION THAT PLANS TO HAVE A WARM DELI CAFE. I'M JUST WONDERING IF THIS APPLIES TO THEM. [00:27] **Nick Johnson (Planning Manager)**: CHAIR ROMAN AND COMMISSIONER COOK, I BELIEVE THE VERBIAGE SAYS "RESTAURANT." I'D WANT TO DOUBLE-CHECK THAT, BUT THAT'S MY MEMORY. [00:27] **Commissioner Cook**: I DON'T THINK IT'S GOING TO STOP ME FROM VOTING ON THIS, BUT I WOULD ASK STAFF TO LOOK INTO THIS AND IF THEY SEE A PROBLEM THEY COULD COME BACK TO US IN THE MISCELLANEOUS ORDINANCE ISSUES LATER IN THE YEAR. THANK YOU. [00:27] **Chair Jon Roman**: ADDITIONAL DISCUSSION OR ANYONE INTERESTED IN MAKING A MOTION? [00:27] **Commissioner GolTZman**: THANKS CHAIR. I'D LIKE TO MAKE A MOTION. IN CASE NUMBER 2023-56, I MOVE TO RECOMMEND APPROVAL OF AN ORDINANCE AS ATTACHED TO THE STAFF REPORT TO AMEND CHAPTER 19 OF THE CITY CODE TO MODIFY THE PERMITTED HOURS OF MOBILE FOOD UNITS LOCATED WITHIN 250 FEET OF RESIDENTIALLY ZONED AND USED LOCATIONS. [00:28] **Commissioner Albrecht**: SECOND. [00:28] **Chair Jon Roman**: THANK YOU. WITH A MOTION AND A SECOND TO RECOMMEND THE SUBJECT CHANGES TO THE ORDINANCE, ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. (AYES). OPPOSED? THE MOTION CARRIES. THIS WILL APPEAR ON THE JUNE 5TH CITY COUNCIL MEETING AS A PUBLIC HEARING. THANK YOU. OUR ONLY OTHER ITEM ON THE AGENDA TONIGHT IS OUR REGULAR POLICY AND ISSUE UPDATE AND I WILL START WITH THE PLANNING MANAGER. [00:29] **Nick Johnson (Planning Manager)**: CHAIR ROMAN AND COMMISSIONERS, SEVERAL RIVETING THINGS COMING UP. ON JUNE 8TH WE HAVE THREE ITEMS: SPECIFICALLY A CONDITIONAL USE PERMIT FOR OUTDOOR SEATING AT AN EXISTING RESTAURANT IN THE PAN-AMERICAN DISTRICT. SECONDLY, WE HAVE A CONDITIONAL USE PERMIT FOR AN ART STUDIO IN THE EXISTING TENANT SPACE AT 7700 WEST OLD SHAKOPEE ROAD. AND THEN THIRD, WE WILL HAVE A HOUSING REPORT OR ANNUAL HOUSING REPORT THAT WAS RECENTLY DELIVERED TO THE HOUSING AND REDEVELOPMENT AUTHORITY. WE THOUGHT THE PLANNING COMMISSION WOULD BE INTERESTED IN THAT AS WELL. LOOKING A LITTLE BIT FURTHER OUT ON JUNE 22ND, A LITTLE BIT LONGER AGENDA—KEEP THAT IN MIND—FIVE ITEMS. WE HAVE A CONDITIONAL USE PERMIT FOR AN INSTRUCTIONAL CENTER AT 4200 WEST OLD SHAKOPEE ROAD; A VARIANCE FOR A FRONT YARD SETBACK AT 8101 WENTWORTH AVENUE SOUTH; AND THEN WE HAVE A COMPREHENSIVE PLAN MAP AMENDMENT, REZONING, PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR A NEW FOUR-STORY 99-UNIT APARTMENT BUILDING AT 1801 AMERICAN BOULEVARD WEST, KNOX AND AMERICAN. THEN WE'LL HAVE TWO STUDY ITEMS: ONE ON POTENTIAL CODE AMENDMENTS RELATED TO MURALS, MAKING IT EASIER TO HAVE MURALS IN THE CITY OF BLOOMINGTON, AND THEN A SECOND STUDY ITEM ON REZONINGS AS RECOMMENDED BY THE LYNDALE PLAN, FROM THE B2 DISTRICT TO THE B4 DISTRICT. AND LOOKING AHEAD EVEN FURTHER TO JULY 13TH, THAT AGENDA HASN'T CLOSED YET BUT WE KNOW YOU WILL HAVE ONE ACTION ITEM REGARDING THE NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN WHICH YOU'VE HAD A STUDY ON IN THE PAST. [00:30] **Chair Jon Roman**: THANK YOU. ANY OTHER ITEMS THAT MEMBERS OF THE COMMISSION WOULD LIKE TO RAISE? THE ONLY ITEM I WILL REPORT—AS I ALLUDED TO—THAT COMMISSIONERS MCGOVERN, COOK, AND I HAD THE OPPORTUNITY TO PARTICIPATE IN THE MEETING OF THE BOARDS AND COMMISSIONS. THAT WAS A GOOD DISCUSSION AND THE BIGGEST TAKEAWAY WAS THERE CONTINUES TO BE AN APPETITE FOR THE BOARDS AND COMMISSIONS TO MAYBE COLLABORATE A LITTLE MORE OR EVEN JUST TO BE MORE AWARE AS EACH OTHER IS DEVELOPING THEIR WORK PLANS. THE STAFF DO A GREAT JOB OF THAT ALREADY, BUT THERE WAS A DESIRE FOR THE COMMISSIONS TO CONTINUE TO BE MORE ENGAGED ON WORK TEAMS. THE ONLY OTHER THING I HAVE TO ADD IS I REPRESENTED THE PLANNING COMMISSION AS WE CONDUCTED INTERVIEWS FOR PLANNING COMMISSIONERS. WE KNOW WE HAVE AT LEAST ONE VACANCY AS COMMISSIONER KAUFMAN HAS LEFT HER SEAT AND SO THE CITY COUNCIL IS SCHEDULED TO MAKE APPOINTMENTS ON JUNE 5TH. SO AT OUR NEXT MEETING WE WILL KNOW WHAT OUR GROUP WILL LOOK LIKE AS OF JULY 1ST. [00:31] **Commissioner Cook**: POINT OF CLARIFICATION REALLY—THERE ARE THREE OPEN SEATS BECAUSE COMMISSIONER ABDI AND I HAVE REACHED THE END OF OUR FIRST TERM. [00:31] **Chair Jon Roman**: THAT IS CORRECT. I WAS ACKNOWLEDGING THAT WE KNEW WE WOULD HAVE AT LEAST ONE POTENTIAL CHANGE. EVERYONE IS... YEP, THAT IS CORRECT. THANK YOU. ANYTHING ELSE? SEEING NOTHING, WE ARE ADJOURNED UNTIL JUNE 8TH.