##VIDEO ID:OtY3H4Qofh8## e e e e e e e you ready Simon like to call to to order the November 4th 2024 Bayport city council meeting let's all rise for the Pledge of Allegiance Pledge algian 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 thank you you like to call the rle mat council member Carlson here council member do Pres pres council member Gilmer here mayor Hansen here uh just note that um council member Hill is absent tonight okay thank you um do we have a motion to approve our agenda for tonight I'll make a motion approving tonight's agenda thanks Connie second second thank you John all those in favor say I I anyone oppose say nay okay proclamations commodation petitions and announcements the October recycling award recipient is Joseph Tiel at at 7983 Street North and he'll be awarded for his recycling efforts with a grant from Washington County and then next is our open Forum this is a portion of the meeting to address the city council on subjects that are not part of the agenda the city council may take action to or reply at the time of the statement or may give direction to staff regarding investigation of the comments expressed total of 15 minutes is allotted for public comment during this open forum is anyone here for something that's not um on the agenda or um potentially open for discussion on the agenda because there's actually only one person here that I think could be here for that and we'll just ask him out do you wanna do you want to say anything Paul um yes okay why don't you take this open Forum time and we will hear what you have to say we may not have any comment but we will at least listen all right thank you I didn't really expect this but uh well I didn't it's the open Forum I didn't know if that's what you were here for so I I spoke at the uh Planning Commission meaning about two issues really uh one was about our I'm I come from U St Croy United Church and yeah say your name and I spoke at that meeting about access to the our space our shared space and I spoke about uh some tree selection that um that I was kind of concerned about so my request is quite simple I just would encourage you to allow drop off access on Sunday mornings in the summer to the shared Outdoor Learning space located along the proposed Fire Road South of the planed new school the distance from the Ada parking and the shared outdoor space is a blck long the paved road goes directly to this shared space allowing limited vehicle access to this road and enable drop off to our elderly and disabled without obstructing any emergency vehicles on Sunday mornings in the summer and we have a lease agreement with the district that specifically allows for quote drop off space unquote at the Planning Commission I also offered comments about the University of Minnesota regarding a proposed tree list the landscape architect chose not to make any changes to the tree list based on these University of Minnesota suggestions and i' I just ask you to reconsider the the tree list okay is there anything specific in that tree list that you want us to look at I think you should look at the whole list really okay it's really hard to see on the on your on your what you're you know if you I I I couldn't really even make out exactly which trees were around the shared space really because it the it isn't very clear and I'm sure if you look at it it's it's not very and I I would just encourage you to to to uh look at this again those are two things that I just thank you for inv me this all right thank you Paul and he didn't say his name but it's Paul spilth I don't do we need his address too or is that not necessary for a non-resident we can find that from last we can get it okay all right I don't know when but I need clarification on this share space yeah we'll get to it when we actually talk about the plants but I just there's not usually a time during that process so I just thought if he had something to say we let do that now yep so all right uh anyone else doesn't look like it just okay all right we'll move on to the consent agenda we're going to consider resolution adopting items 1 through 7 the October 7th 2024 city council Workshop minutes the October 7th City Council regular meeting minutes October payables and receipts October building Plumbing mechanical and Zoning permits report reappointment of Elizabeth Kelly and Orin Kip to the Planning Commission special event application for the inspiration Thanksgiving 5K walk run on November 28th common interest Community plat and Declaration of covenants conditions restrictions and easements for 705 and 715 6 Street North and uh that's it does anyone want to make a motion to I'll move I'll move to adop the resolution approving the consent agenda as presented thanks Ethan I'll second it thanks Connie all right roll call vote council member Carlson hi council member D hi council member Gilmer I mayor Hansen I all right motion passes and then we move on to public hearings this is um to certify pass du Solid Waste and Recycling charges and vacant building registration fees to the property taxes Matt's going to present this to us thank you madam mayor members of the council um pursuant to chapter 443 of Minnesota State Statute um and the Bayport city code of ordinances uh property owners who either have a p due uh waste recycling charge or a vacant building registration fee um we are allowed to assess this to their property taxes with this process they're afforded uh due process uh through the city um by allowing them to be heard at a public hearing which will'll be holding in a couple of minutes here um this is to allow the property owners who desire to contest the charges um to appear um before they are on their property taxes um so the there is a list of attached properties um on the schedule um currently there are 32 with approximately about $9,000 outstanding I do know that that number's dwindled down to um less than that I don't know the precise numbers but um Property Owners will have up until December 2nd is when we will certify them so we encourage them to come in um and get them paid off I don't see anybody here tonight but we're still required to open and close the public hearing um and allow for anyone to um to contest their charge okay so I guess should I make a motion to open I know I think I just open it just open it okay all right public hearings open okay since we already established nobody's here other than Paul spilth and staff and people who care about other things we will uh take a motion to close it I'll make the motion to close second all right thanks Connie and John all those in favor say I I I anyone opposed say nay n all right so the public hearing is closed so now we can discuss this which is you know we do this every year um I appreciate that staff reaches out to these individuals and tries to get them to pay before we go through this process cuz some of them may be oblivious and you know so I I appreciate that but I mean I think it is what it is and we're um kind of move forward I think so do anyone have any other discussion or else you can just make a motion to certify the I'll move to approve the certification of fast du solid waste recycling charges and vacant building registration fees to property taxes as it's been presented to us thanks John do we have a second thanks all right uh do we need a roll call vote on something like that doesn't say no then I'll just say all those in favor I I I'm going oppose say nay all right so that passes now we'll move on to unfinished business consider a resolution declaring cost to be assessed and ordering the preparation of proposed assessments for the 4th Avenue North Street Improvement project and Matt's going to present this one thank you madam mayor members of the council um these next two resolutions are um essentially just due diligence in the assessment process um I just will say that Anderson Windows intends to pay their entire assessment up front um so this is just some housekeeping that uh needs to get taken care of um so the first one is a resolution declaring cost to be assessed in ordering the preparation of those proposed assessments um the current um Improvement estimate is $172,100 uh for both Anderson Windows and the same amount for the um city of Bayport that estimate is probably no longer accurate Anderson Windows took on some extra items um that they want to do in conjunction with this project um and so they will be assessed uh an amount that's probably ends up being larger than what the city amount is now these numbers here might be actually reduced because um the contract or the bid for the project was lower than um what was originally um proposed you proposed yeah thank you mayor yeah um so the uh City administrator with assistance from the city engineer um they are almost done with the project um in fact almost completely completed except we have to do some striping um for crosswalk so here at the December meeting we will have a true assessment cost for Anderson Windows so that they can they were they were adamant not adamant but they wanted to make sure it was paid in this year for their cost so okay uh from an accounting standpoint so okay hence the reason to get this moving forward to the December meeting so okay is the road open yet or we wait until after we're done with the cross crossx right okay yes so um with that said um all we need is um approval for the adoption or the adoption of the resolution declaring cost to be assessed and ordering the preparation of the assessments someone can say so mov oh so moved yeah thanks John second all right thanks Ethan um uh roll call vote council member Carlson I council member do I council member Gilmer hi mayor Hansen I so that passes and then now we're going to consider resolution settling setting the public assessment hearing for the Fourth Avenue North Street Improvement project Matt thank you Madame mayor um so much like the uh garbage assessment except a different Minnesota statute um the person being assessed gets to have a public hearing where they can come and uh debate that assessment Anderson Windows has no intent of debating their assessment they already knew full well um what that would be and they were more than willing to cover that cost so again this one's just a formality so I'm not going to go into a lot of detail but the hearing will be held on December 2nd uh 2024 at 6: PM um the assessment or the uh hearing will be noticed in the paper for Minnesota statute requirements and mailed notice to the property owner also per statute so okay we have a mtion to adopt the resolution I'll make a motion to adopt the resolution setting a public hearing for the fourth wait a mind yeah North Street Improvement project I check them off as I go second all right so thank you Connie and John um a roll call vote again council member Carlson I council member do I council member gimar I mayor Hansen I that resolution passes um um move on to new business now we're going to consider resolutions for annexation preliminary plat zoning and land use applications that were submitted by the Stillwater area public schools for a new Elementary School located at 13 fth Avenue North in Baytown and Dan's gonna present this good evening mayor council members Dan lick with the planning company assisting the city with review of the application from Stillwater area public schools uh for the new Elementary School uh so the applications before you this evening include a petition by the property owner which is the school district to have the property annexed to the city of Bayport uh that necessitates Amendment of the comprehensive plan so it's recognized as part of that document as being within the city of Bayport also a zoning map amendment to incorporate the property as part of the zoning ordinance and uh designate a zoning District uh specific to then the development of the school site itself uh would be an application for conditional use permit to allow the school use uh in specific to the site plan would be variances for impervious surfaces greater than 35% and Grading on uh areas of the site adjacent to slopes greater than 25% they're also platting the property to establish the boundaries uh in accordance with lot and block description to dedicate public RightWay and easements uh just as a matter of course uh we're not discussing tonight the ReUse of the existing Anderson School facility that would come forward at a future date once the school is determined a proposed use for that uh the area uh in question as part of the actual development application includes the 10 acre property owned by the school district uh it's currently undeveloped it was previously used by St Cy Church uh as an outdoor worship and Gathering space uh it's located in Baytown Township as noted by the mayor uh with the applications surrounding the site is the uh Minnesota Correctional Facility in Bay Port fire department to the north of Fifth Avenue uh also barers Alps Park to the East and then to the South and West are two properties currently within Baytown Township one of which is currently proceeding forward with development applications as part of a potential annexation request uh as to the application for annexation Minnesota statutes establishes both the P process and the criteria by which uh this property can be included as part of the city of Bayport it's meets the area requirement being less than 120 Acres it does AB but the current boundaries of the city it's not served by utilities and the property owner is requesting the annexation uh the city provided notice to Baytown Township and all adjacent Property Owners uh by mail uh the Planning Commission held a public hearing at their meeting uh previously uh then this would move forward if the city council chooses to adopt an ordinance annexing the property and which is then subject to State approval uh the criteria for annexation are outlined by the statute essentially that the area is or is about to become urbanized obviously development of a school satisfies that requirement and then the facility needing Urban Services primarily sewer and water connection uh also satisfies that criteria as to the comprehensive plan amendments the First Amendment involves including the property within the municipal urban service area this is the area within the Twin Cities where uh sanitary sewer Services provided water surface flows along with that just in the opposite direction uh this basically identifies the site as is being eligible to receive that service uh and has and that the city has capacity to provide service uh again this was held as considered as part of a public hearing at the Planning Commission uh the city council approves it goes forward to Metropolitan Council for their approval and then comes back for final city council approval secondly with regards to the comprehensive plan the land use plan has to amend be amended to designate an intended or planned use of the property uh conference plan typically doesn't look at designating public uses because it's difficult to anticipate 20 years in the future what types of facilities may be needed so these are typically done on a caseby Case basis um obviously the school district has identified the need for the facility and this process allows the city then to review that it's being developed consistent with the community standards and performance requirements established by its development regulations as well as addressing compatibility with surrounding land uses that to the zoning of the property um the existing school facility within the city is zoned R2 single family Urban District that allows for schools as a conditional use we're proposing the same approach be applied here uh and again public hearing was held at the Planning Commission and comes forward for city council approval on to kind of now the development specific uh elements of the project uh they're platting the property to designate the boundaries uh as such and dedicate RightWay uh the lot requirements established by the R2 District are all satisfied the perimeter setbacks to the lot lines for the proposed building and off street parking areas are also complied with Washington County has provided comments with regards to uh the RightWay needs as well as traffic improvements on Fifth Avenue to include the right turn lanane into the site um their traffic study also indicated a need to continue to review the need for a left turn lane into the site uh from westbound Fifth Avenue as well as potential traffic impacts down the road at uh Stage Coach Trail in County Road or 47th Street excuse me um right away dedication is obviously shown in the plat utilities are being extended to and through the property that would provide access and connectability to the uh Anderson property to the West uh and easements would be dedicated as part of the uh plat as well overlaying those utilities within the site and providing for uh several access and cross use uh provisions Park dedication has also been discussed previously by the city council and park or Planning Commission with a recommendation that uh the site provide for payment of a cash fee in Le of land at the time of final plat approval the building itself uh The Architects can obviously do a much better job outlining what that is they're proposing from a design standpoint but this structure is 96,000 Square ft has a 600 student capacity with uh staff of 100 persons within the building uh the exterior of the building uses sustainable and durable materials that are allowed by the zoning ordinance including brick pre-cast concrete and extensive glass walls throughout the facility uh it's a very traditional yet modern looking building in every sense that will add Positively to the identity of Bayport uh the height of the structure is 34 ft which is within the 35 ft allowed in the R2 District the site plan uh as outlined is generally compliant from a basic setback and access circulation standpoint uh number of the issues outlined in the report included in your packet include impervious surface greater than 35% one of the changes made to the site plan was per the comments of Washington County to provide a single access point to Fifth Avenue North that did have the effect of increasing the amount of impervious surface within the site to uh 43% of the overall property area specific to the school um but between that 35% and the 43% they're using porest pavers so this is material where storm water can flow through uh it's not recognized by the city's current development regulations as being exempt from those impervious requirements because there are maintenance requirements that go along with this there's some oversight and would necessitate an agreement but the school district does have experience with their other facilities managing this type of uh facility so City staff is comfortable with this Arrangement uh to allow for the additional impervious surface as defined by the ordinance off street parking uh 86 stalls within the combined site north of the building and then East shared with Barker's Alps Park uh that includes 10 stalls that would be designated for school use uh or excuse me Park use during the day when school is in session uh when school's not in session there's the ability to restripe uh the bus loading unloading stalls to provide 16 additional spaces uh and in response to the comments at the uh public hearing with regards to the church uh and the use of the Outdoor Classroom space shown in the site plan here there is the ability to provide additional five stalls that would be posted for that use only on Sunday mornings and uh posted for uh Ada accessibility as well uh the intent is that the drive aisle that extends south of the parking area behind the building would be maintained open at all times for emergency vehicle or School District Maintenance access only um with regards to the land scaping they've made some modifications as recommended by City staff uh with regards to the mix of plantings to try and diversify that as also as part of your packet the landscape architect that developed the landscape plan provide response to comments received at the public hearing uh the school district can address those comments as part of their uh presentation but the stipulations included in the report still do require that the landscape plan be subject to review by uh City staff so if there are questions or concerns that the council has we can certainly address that moving forward to final plat uh exterior lighting they provided a plan showing that all the lighting would be maintained in compliance with the code there are additional stipulations requiring that the light be cut to 50% uh during overnight hours to minimize glare to surrounding properties and it was also modified to provide lands or light fixture at the site entrance uh finally storm water management again this is another variance that's needed because of a technicality within the uh city code basically stating if there's 25% slopes on the property you need a variance in order to be able to grade that they're not grading the areas with the 25% slope instead utilizing uh retaining walls and simply the size the site and positioning of the building to work around that issue so uh the city engineer does not have any concerns with regards to uh storm water management on the site uh storm water management also remains subject to review and approval of the Middle St Croy Watershed District uh just wanted to highlight quickly a couple changes from the Planning Commission meeting uh that was uh conducted previously first is Washington County in their comments is now asking for construction of a trail west of the driveway to the uh property that remains in uh Baytown Township that would be a 10- foot wide trail that would eventually connect a Stage Coach Trail as part of the Regional Trail planned on that Corridor City staff wants to work through this issue further prior to final plat regarding the timing of the actual Construction uh it wouldn't make sense necessarily construct a trail on this property if St Croy or Washington County doesn't have plans to construct the trail the rest of the way stage coach or complete that trail on stage coach in a timely manner you'd have a trail to Nowhere basically that needs to be maintained we are recommending that at least the base of the trail be prepared uh so that when and if that trail is paved in the future and connections are made it can be completed efficiently uh the large change to the site plan is obviously the single point access to Fifth Avenue North that was recommended by Washington County and supported by City staff uh it does have the added benefit of extending the stacking space within the site to add additional volume that will likely minimize potential conflicts out on Fifth Avenue North uh in terms of traffic trying to enter and exit the site so uh that's definitely viewed as positive and then also the addition of the five stalls in that area for uh off street parking relative to the classroom area Dan can you just clarify the five spots are those all handicapped spots they would be posted as such yes okay and they don't need them for the required correct level but we want to make sure that if there are handicap access that so that they can park there and there's room for them and everything that would be the intent to move those stalls just a little bit closer than they would have otherwise been so the only drawback then is only people with a handicap permit can use City administrator is waving three fingers m Madam mayor Madame mayor so just some clarification there there there first intent might have been five stalls but then um because of turning radius and different stuff like that it got moved down to three that we can actually we talked about three and I was wondering how far and then I think we might leave it open-ended on the designation there um we talked about multi- different things technically the um the site already has the required number of handicap stalls and so um that might be something that we work through later whether we designate one of those as a handicap stall or how we go about that okay yeah and I feel like we need to have a discussion about all of that after like as a council like how we okay thank you so there is a stipulation in the report that addresses that the posting those would be handled as part of the final plat application so moving this forward then from tonight uh this would essentially bring the property into the city amend the comprehensive plan and z in ordinance uh and approve the preliminary plat and the entitlements to develop the school the next steps would be the final plat application which is subject only to council review and approval that's dotting the eyes and crossing the te's on the actual establishment of the property boundaries uh then there's also a development contract that the school district would enter into with the city to provide for all the required public improvements there are also a number of agreements that are outlined as part of the planning report that go along with this to establish uh ear memorialized the memorandum of understanding that was entered into between the school district and the city with regards to Shared use and access of the two adjacent properties so the Planning Commission held a public hearing to consider their the application for the uh proposed school at their meeting on September 30th uh they did recommend approval by unanimous vote based on satisfaction of the criteria for annexation land use consistent with the comprehensive plan uh the allowance of the school within the R2 zoning District as conditional use uh and then approval of the site and building plans including approval of the two variants applications finally the preliminary plat also complies with the requirements of the subvision ordinance so that recommendation from the Planning Commission comes forward tonight to the city council with uh 32 stipulations as outlined in the report in your packet this evening all right thanks you're done okay thank you um let's have school district Personnel come on up and highlight some of the things about the project and maybe answer some questions that I know I have some questions so maybe others do too good evening my name is Valerie Peterson and I work with W Architects and Engineers so I'm part of the design firm that um the school district has hired uh much what we have to present is a lot of what um has been reviewed with you guys of some of the changes we just Tred to highlight it a little bit um on these plans so as was indicated we've um Incorporated the central driveway location that'll serve both buses and parents out of one driveway um the addition of some additional parking stalls here as well as a city suggestion of um double striping some of the bus areas for after hours use on this page we started to identify some of the trees and the species that have changed um so some of the um I comments was to can we add some additional trees so we added some trees um instead of a a fence we've started to use some Spruce or some coniferous trees um to act as that screening wall um another comment created was about can we increase the number of oak trees so we did increase the number of oak trees um as you can tell it's a pretty densely um populated site so some of that um meant we had to decrease some of the other species so this page we just kind of showed a little bit of what um happened with their tree counts so we increased some of our Evergreens to create that screening wall we increased some of the hack Berry um we brought down some of the Aspen counts and then we increased the oak um counts as well as the elm counts so and then all of that was cross checked with um the um like recommended uh planting list for um the city of bport so while we're on trees there was um something about the is it the Ginko tree and the gender or something that maybe did do you know what I'm talking about that there was a few along Fifth Avenue that were going to be that type and that maybe we want to rethink it because they can change their genders or something and produce fruit Madame mayor I can speak to that yeah okay thanks I just want to I didn't know how that ended up yeah so on the report that was supplied by the uh um um the tree specialist indicated that it would be optional to switch out those type of trees the gko one specifically so um if if that's something we're wanting to do I don't see that as a problem on the backside of of making that happen um we actually have I won't say significant but um the city of Bayport has probably planted about 10 Geno trees um over the past 10 years within the city of Bayport so we have those tree species okay all right so we'll deal with that later it's not a huge deal okay are we still roughly at somewhere in my material I remember a two to one ratio um loss trees versus gained trees right we're still at that rro yep yep okay I for me something I'm kind of a tree person but something that would have been really helpful on this would have been the common name rather than the scientific name usually in the description it's they talk about it but just for future yeah that's not even them that's the group it that but okay all right please continue thank you um that's what I had for our updates and our changes oh okay ended with trees so that was perfect okay all right um do you guys want to start with some questions that you may have about any all of this um I have some if nobody has any questions one of the things I just want to make sure there's Clarity on is the Outdoor Learning slash shared space and just defining the use and getting it out there was one of my question for everybody to understand how it's going to work yeah do we have that image of the closeup kind of of that area I think there's one there was a pretty good one that he has in his stuff I thought okay there's one in here I've seen one on the way where it's like a closeup of that where it shows like the seating and all of and maybe that's not in your presentation but um there is definitely some confusion around that based on what I think the expectations were of the the church and what they thought was in their lease agreement and then what maybe actually is in the lease agreement and what that language means to the school district versus versus the church and I think school district from my understanding believes they have provided Ada accessibility to that classroom space um and they have because of the path that is now become the emergency access road um and I think their intention and I'm just this is just my interpretation of what I think happened is the school district thought that it was you could wheel someone down there or you could walk like you would to any other space but it's an accessible road to do that and I think the church was hoping to be a as Paul spilth mentioned earlier be able to drive up to that classroom space and drop someone off who may be handicapped so and I think the lease agreement may have specifically said something about a drop off area like he said there were a lot of inconsistencies in the lease agreement from our city code and also from what ended up in the pl so we were not as a city part of that lease agreement so some of that is a little hard cuz now we're being asked to kind of figure that all out for those two parties that we didn't have a say in that agreement to start with so um I think what we as a council need to decide is if we want to allow them the church to drop drive on that emergency access road which is actually designed designed to be an open road to be driven on when there's an emergency or actually it says staff can staff and maintenance can drive on it too are we okay with that staff would say we shouldn't allow it right that's what they're proposing but I don't know I assume we have some flexibility of saying maybe there's some signage we think would be okay or appropriate and then allow that drop off situation to occur and maybe it's not just for the church maybe it's for people who are trying to get to Barker's Alps lower field number two it would be closer for them to to drop off too or something I mean I just I wanted to get your guys' input and feeling on how that all kind of shook out between the two of them and then what we as a city think were responsible for doing to make it better yeah and and moving the outdoor spaces out of the question and that was one thing I brought up well can't we just move it closer but that not going to happen I'm not I'll may I I'm not super thrilled that we're kind of thrown into this at the 11th Hour quite frankly I agree um especially not having been involved with it the discussions on the front side so we're we can't have one hand tied behind our back here MH um so I I mean I don't have a huge I I personally wouldn't have a huge problem with somebody driving up to that space and dropping somebody off the problem I see is they're not going to leave they're not going to turn around and go back out they're going to park their car and now it clogs that up if God forbid there was some sort of a situation that happened and um so I that's the problem I see with that yeah that would be abuse of whatever we are allowing if they did not just turn around if we decided we would allow drop off versus parking on it do you guys have thoughts on any of this more questions whatever well I think if you if you allow drop off during certain times I mean he said they don't use the thing in the winter so there'd be zero there I don't know how many times maybe you could tell me how many times if it's 12 times a month or 12 times a year you know I don't see it being an issue but what John said if they don't take the cars back out I mean if there's something that you could require just to take the car back out drop the person off and make sure the cars aren't there block the the uh emergency vehicles yeah Paul do you have I mean is is it is there several do you want Paul to give us some feedback okay I guess I'm just because I guess I feel bad if they were Miss the least agreement we have with the school allows us to use this space from 8:00 in the morning till 2: in the afternoon from from in the summertime and on Sundays on on Sundays is that days okay and what about the exclusive use access to it that's pardon me exclusive use no I don't think it's exclusive well that that's I mean that was one of my questions I was getting too so what what happens at I don't know how this whole outdoor space is going to work in terms of so if you guys showed up to set up for church and somebody is some other activi is happening in there how how it's going to get not saying it would happen all the time but it certainly could I mean did the did the school district understand that or agree that during those hours you wouldn't have an activity or anything so that the church would have that time available or who I don't know who just which one say a scout troop was set up camping in there or something for an activity or God knows what yeah so basically how rentals work within the schools is there's different spaces set up that you can rent out at different periods of time ball fields gyms cafeteras etc etc for this would be kind of set up that they'd rent rent the space in the mornings on Sundays so they wouldn't be under rentals so you wouldn't allow anybody else playground that want to go there in the morning possibly W sure you know is there kids shooting B whatever that could possibly happen you know just but in terms of us renting it out we would not rent out that space okay that's important for that's kind of what I wanted to make sure I understood that yeah my question for Paul before he left was what what is your intention to only drop off and then turn around and go back and park would that be how you envisioned it working for your handicap yes parishioners yes can you come up here just so can hear can I interject here um so staff did talk a little about this today part part of the issue also becomes that when you're going to this potential drop off area you are entering onto what is school property and no longer city property to make that connection so part of it might play a role that the school district would prefer not to have residents on there for safety concerns um people driving on their property um clogging up the potentially clogging the um the storm water infiltration areas uh different things like that so it does throw another wrench into the situation where potentially because it's entering private property even though it's a public school district that for safety reasoning that they don't want um residents back there too yeah if if for example there was kids there playing basketball and now I mean that's where the basketball hoops are very close and now we've got a car moving around in there and it's or or on some random Wednesday evening that a resident wants to well I see people pull in there I want to pull in there and go shoot baskets with my child or something you I'm worried about that stuff it could lead to that well I think if you define the time very specific if you have signage that defines it I guess I'm I'm under I mean I I get what you're saying and I guess get it's school property but I feel like they enter entered into this lease and if if it's a matter of between eight and two two on Sundays that the church is allowed to go in drop off and go back out and park I I really don't have an issue in fact I I feel like that is something we should allow I think you can post it and I think if if you see Vehicles driving other times I mean I wouldn't think to drive back there any other time so I guess MH I don't know that's kind of how I feel about and I and I understand your point mat Madam mayor sorry to interrupt but um um fire chief eisinger would like to uh yeah that was another person's opinion I wanted on this Madam mayor and Council um it's designated fire lane so only fire trucks can go there fire emergency vehicles you can't that's well I actually saw it written up somewhere that it said it was for other access it's in the fire Cod or track of all this stuff but there was something that said it could be used to for staff and maintenance like that too as Stillwater High School knows when the staff goes to use the fire lane around High School a mean fire chief goes there gets the police department and staff has to move move their cars kicks them so I just want to bring that so you can't really override fire code is what I'm trying to let you okay okay see so it has to be direct access for only emergency vehicles unless so I just didn't want everybody going down a road a little too far okay so I guess my confusion is how the two parties came to an agreement that this is where the space was going to be and how they thought they were going to access it I mean was I correct that the the school thought it was fine because you imagined people were just going to walk to it and then you guys just interpreted it differently from the church that you're going to be able to drive to it and I don't know that we can fix it because it's it is where it is right and now Alan's saying which why didn't we do this before we had this conversation it would have been nice to have Alan tell us that there isn't any possibility of that um I don't know I feel like now it is it is what it is and the the the church is just going to have to walk to just a chime in I we were trying to solve a problem that weren't involved with and that they signed the lease agreement so um it is what it is right and and we I would love to help I mean I'm always want to solve problems for people but I think it's it's too late because I don't think there's any moving of this Outdoor Classroom which would have been one solution but I think it's too far down the road to do that now I don't imagine any either of the parties would want to go through that process of trying to to move it but that's the only thing I can think of that would solve this problem for them um there's someone from the church want to just make us that looks like I mean Paul you look like you were eager to say something or Mary you're welcome to chime in i i cons I'm Mary Mary Binger from um 228 4th Street South and in Bayport and also a member um of both the negoti in team and a member of the church and it is it's it's an unfortunate communication and process error um because the lease agreement that we signed says the district shall provide handicap parking in a drop off space that is in ADA compliance with walking surfaces to The Outdoor Learning space and restroom facility located on the public park adjacent to the property in addition there shall there shall be bicycle parking available to the church its invitees and attendees that's um uh a letter C but I understand that perhaps the school district did not speak with the fire chief and find out these other limitations so this is really unfortunate um I'm thinking about the um the beach house that I rented earlier this summer and I signed out a key it was locked I'm wondering if this can be gated off and people get a key whether it's maintenance or staff or Fire or the church or if if the fire code trumps every other and that's the question does the fire code Trump everything else because then that makes this actually a lie you know that we signed it in good faith not knowing that something can trumpet so so I am really I'm sad and concerned yeah well and I think there's also interpretation of what that drop off area was in their mind they have the drop off area at the now it's going to be at the bottom of the that new parking lot right and they didn't you know they're thinking that's you know maybe it's a block to walk but they thought that was the drop off area that was being provided and you guys assumed it was going to be closer to the actual space I'm thinking about the individual people we have that are in wheelchair and in Walkers and that we assist very carefully every day uh and that essentially excludes them from um from worship all summer so I'm just I'm sad about the communication of it yeah yeah I'm sorry that it it's the way it is too um like I said I think we all would love to be able to help but um a little too late in the game right now for all of this wish we would have all three sat down and talked about things we may have may not have learned it then but we may have if we got all the right people in the room so um I don't unless someone has any other options for that I don't know what else I mean can you allow you can't allow could you allow a a golf card on the grass alongside the emergency I mean I'm just trying to come up with what else could you do to help get people to this worship site if they would like to go I don't well I don't go down I mean it sounds like you've explored the moving it it I mean just looking at the site plan it looks reasonable to be able to move it um but I'm sure people have thought about it and um no I mean that's I I wouldn't mind an explanation why I was told by someone who's not here that they didn't think it was something that church would want to go through but maybe that's just one person's opinion so I mean the problem I see is moving it closer to the parking lot it sort of moves it away from the school use and so that's problematic I think but and it would be on little kids can I would think if it got moved it would probably end up on the other side of the line is not the end of the world but who do we ask I don't know who wants to answer this question question is moving the Outdoor Classroom an options from Mark drummer's perspective we had discussed many options with this church and I don't want to get into this because this isn't a place to talk about that and and that's we're not I know but this is the only time I have my whole Council that can talk about these things otherwise it's open Med we talked about numerous ones um you know some there's easements in the way that you can't the other one we talked about is you know moving it up right in front by the bus here um but there was not in nature that they'd rather have it know back towards the Ws of Nature and so that was you know something that was not they want farther back so we're trying to accommodate the needs and try to do on our end too to kind of see what means for needs for us as well as church for them as best as we can here in the situation as well okay thank you um does anyone from the church want to respond to whether there it's an open discussion for later to talk about moving the classroom we're going to like we have to we have final plat approval next month right so there's still room for discussion unless you guys are done discussing placement of it come on up why not why not say your name and address please H Diane legado 481 Mariner Drive um the church sold the property at a good discount to the school so it could stay in Bayport I feel that the council owes it to us that we kept the school here and so I think there there's further discussion on this and what in what way what do you feel we owe I'm I'm confused because we weren't involved in any of the the discussions up to this point I don't know about that um who was against building the school here I know you no council member um and I personally was yeah I know that okay so I I think you we sold the land in good faith and I think the council should back us up we are doing the best we can so thank you for that Diane um we didn't choose where the Outdoor Classroom is we didn't have a say in that so it's up to you guys to decide that lat if you would like to have that conversation you let us know but we'll move on now okay um anyone have any other things to say about that okay um let me see I do have some other questions that I do you want to keep going John um I don't know that I've ever seen it on a on a um drawing but in terms of Fifth Avenue at pickup time I know what it's like having kids in still in the school district and how crazy it gets with parents coming in is there a are we so people are westbound on Fifth and people are trying to pull into that parking lot is there a bypass lane for the people that aren't going into the school CU I know it it can clog up I have a child at Oakland and that can turn into a quagmire with people trying to get in and out and Crossing each other and blocking lanes and so I would be worried about the people on Fifth that aren't turning into the school being able to go around the cars that are sitting there with their signal on that maybe can't get in the parking lot quite yet those was a long explanation yeah I don't know what what does no I understand what you're saying is the what has the county suggested for you're saying the west bound on Fifth right if somebody sitting there turning left to try and get in if turn lane or something it's not really very specific on our maps and I don't Matt has an answer I can I'll attempt to then if I fail somebody else someone else will chime in So currently the um the county recommendation would be potentially at some point in the future have a middle turn l in that location but a lot of it depends on what happens right and their recommendation wouldn't be to do that potentially until that road gets reconstructed if it was needed um the current traffic study did not see a huge increase of traffic at least during drop off and pickup from Bayport going westbound there currently there's a solid white line there there will be no passing allowed on that solid white line for that it's possible that we will be that um PD will need to do some extra Patrol there just to make that known right um but currently based on the traffic study it shouldn't back up overly bad so now will people have to wait yes would the road need to be widened in order to have a center turn lane or why would we need to wait that hence the the need to wait for reconstruction of the entire yeah I understand waiting to see if it's going to be a problem but if it's literally just a striping thing I guess so it would it would highly depend on how wide the medians that the um that the county would want to keep there right not currently the medians are very wide right you mean the shoulders the shoulders medians sorry okay um shoulders yeah and if they want to keep them that wide then yes the road would have to be widened yeah probably either way the road's going to have to get widened somewhat um part of that plays a role too that they allow you know that's kind of Unwritten that it's a good location to bike and walk on the shoulders currently we do provide or our planning provide some sidewalk um access to from 7th Street or 8th Avenue to the park now is the entrance approximately where the current entrance is to the parking lot I mean reasonably close roughly probably farther to the West okay that's but close what I figured orig trying to look at it map and yeah okay you have we have the where it was laid out here and then here but it's they line different yeah I know okay well that answers my question okay um so in terms of that outdoor space um others on nons Sundays could reserve that space okay thank you to to speak to that John um sorry to interrupt um we will have a shared use agreement for multiple different items including the parking lot the playground and that Outdoor Classroom just to formalize that hey City residents and the public will be able to use these things currently it's kind of Unwritten rule just because it's a public school you're allowed to use those items when not in use um we're just planning on having the shared use agreement formalized written down thanks mat okay do you guys have some questions or concerns or things you want to bring up my two my two already asked your all two already asked okay I would like to discuss speaking of the access road and What's Going On by Fifth we talked I think it was Dan mentioned that they're going to prep the a sidewalk base from the entrance Point West towards the federos property but not actually pave it just get it ready to be paved and I just wanted to get a sense from you guys about if you feel like there is a benefit in having that be a walkway for whoever lives at in that corner house for whoever may be I just wanted to make sure we thought through that and whether we do want to have it paved now or just wait until well I'm curious even if even if we did it there how far does the federos property go would there even be room to put a trail there when it if they would have um my understanding is the county own just like we own a certain yeah what's that called the RightWay yeah so yeah there could be a trail that goes the rest of the way there's also talk with the um Anderson property being developed the Ranch that maybe there's a way for there to be access from that going down instead of trying to go all the way around on a trail on from Stage Coach to fifth I don't know personally I'm kind of like well maybe we should have a sidewalk there because it also is a way to get to the fire station from the park if anyone I don't know I don't know I just wanted to make sure you guys thought about whether should be saved or just prepped for I mean if prepping it saves money in the long run whether it's for the city or the school district I'm I'm for that you know at least prepping it for sure yeah and that's part of the plan so but no benefit to actually Paving it at this point you feel good about just the prepping okay all right good um answered that question myself let's see what else I had okay we're going to eventually we'll like Matt said we'll have um a separate agreement right now we have a memorandum of understanding about the parking area that's on our property and that will eventually be converted over to like agreements of use and access and all that that's more binding at that point so just to clarify that's why some of those things aren't um um let's see I did have lots of questions at the end but I just want to make sure didn't miss any of these I would like to make sure that in the the points um what are they called under the recommendation the stipulations uh number 16 right now says that the school district shall Implement snow removal plan for the subject property the subject subject to review and approval of and it just says the Public Works director and I didn't know if that was clear enough that it was our City Public Works director versus maybe they might have a public works director so if we could clarify that state City Public Works director what we can state city public okay thanks it was just one clarification and then um that's an if the irrigation okay now here's all my Okay so we I wish I was more organized with all of my random notes on the back the accessible or those parking spaces that are going to be at the South End of the lot um right now they're set up they're going to be wide enough for handicap parking but do we want all three of them to be only restricted to handicap parking when they've already met their handicap criteria and what can we does my question make sense like I feel like we have these three handicap spots that they're going to add to the bottom of that parking lot that are only going to get used by the church then right or maybe I suppose some people from the could use them for the park are we better off replacing them so those are the handicap spots or not one of the criteria for designation of ADA stalls is that it needs to be proximate to the door so the way they've shown the Stalls are proper for both the park and the school facility um it's okay to designate additional stalls if you have a use like this so one to three of those can you do additional stalls for 88 During certain times or does it have to be is it all or nothing no you could designate for a certain so you could say on the intent is those stalls would only be used at certain times as well because uh for circulation in and out of the loading Bay you don't want cars parked there either so okay but they could be used for someone going to watch a baseball game after hours um so the the where are the the handicap ones for in the Park Lot versus the staff lot or whatever that's the one on our property are they designated with the little signs out to the right so it looks like they're being close to the Pavilion access maybe is that what's happen directly across from the trail access into the park so by the island on the yeah okay okay for that part and then these for this door that makes sense okay so if we're adding three spots on the bottom they're all going to be handicapped but only for non use for non-school hours we're all good with that M Madam mayor can can I make a yeah recommendation potentially um I don't know that I would designate them all handicapped I would what I would be open to designating them one handicapped and then if needed given that the church is there on Sunday morning I I don't know that anybody else will be at the park but potentially if they're being used by someone else and one of the church users not handicapped but needs a parking spot closer that those other two spots would be open if we run into issues then maybe we designate made him with a sign that says church parking only on Sunday morning or something like that for all three okay I agree I was leaning towards not wanting all three of them to be handicapped but nobody was really chiming in about it so like you're welcome okay so one handicap to not handicap yes ma'am and then we'll have signage that's appropriate when we get to the I would say signage appropriate if if it becomes necessary yes okay um and then those 16 parking spaces that we're going to utilize in the bus parking area which thank you for doing that that was something I noticed I think at somewhere else and so I'm glad that we did that and I assume they'd be the striping would be a different color for the buses versus the cars and then that posting would have to be for use during non bus hours versus non-school hours right so it's not as Limited not school SCH it would just be the whole school time the whole school time those car stalls would be inaccessible okay so then we are actually not we're losing parking spaces because of this project so I'm not cool with that right I mean I thought it was going to be just non bus hours that we would have access to those extra spots no Madam mayor so um yeah for clarification it's just nonch School hours essentially right because the bus is going to need to go in there and what we don't want to have happen is somebody parked there during school hours and then before or after um based on what we've seen in the past non-school or school hours there's very limited um people visiting the park at that point um and in theory they could also Park in the other parking area of the school during those hours that's true okay well that's what I was wondering is there during school hours if I wanted to go up there not in the school parking lot but are there I was justess in my mind I thought there was going to be a certain number okay so that that's what I want to make sure's 10 designated during school hours in our Park okay and they'd say no school parking or whatever they're going to say well we were going to maybe wait and see if we needed that potential right which is most time I go there's two one or two cars but I just wanted to make sure for residents that that it would be designated if it if it would needed yeah I think initially what we might do is what because they're going to be in the pavement in the middle of the parking lanes and probably somebody's going to run them over and who knows what right I think initially kind of like the church parking we'd make sure that there's the ability to install them you know fairly easily um but maybe initially not place them just see what becomes but with the knowledge that we they're there if we yes okay I'm okay with that okay um why why wouldn't all those spots in that lot they they would John yes we just they're all going to be open but we thought we might need to specifically sign 10 if it becomes a problem AUM but right now we're just but in theory all those spots in where it says parking there so would be open staff the school staff should not be parking correct they are parking in their own parking lot yep okay um so we're going to have then I think there's no parking this be um okay the the sign right now that says Barker's Alps Park is somewhere where this entrance is or something so what's the I don't see anything about signage for either the school building itself or for our Park how is that going to work is that not your you don't know the answer to that Dan know you're the wrong man at the podium does uh someone from the The Architects on your property and then what's going to happen on our property you're taking our sign probably in this process or are we getting a number of things we can salvage it and put it on the other side of the driveway too to help designate the two different parking lots as well well part of the sign actually mentions that there's a labyrinth so I think we need a new sign we can we can work with the city we just cut it off oh that'll look nice yeah okay so I just want because I didn't know if that when that becomes part of the plans where but that's when you actually come for like your sign permit Y and that's I mean it's already in our memorandum of understanding that anything that's taken away is going to be replaced with something at least as nice so okay um I had this other just kind of idea that I wanted to throw at you since we have all these it's not actually called a drainage system what are those big rain Gardens no they're not rain Gardens but we have the adopted turrets yeah we have adopted drain program in Bayport and I thought it be really cool if you guys could keep in the back of your mind that your students adopt the drains around your property so they learn about cleaning out for the so the stuff doesn't go to the river so it was just an idea I wanted to throw at you while I had a time and also I wanted to talk to you about how I was chatting with some students about why they don't take the bus because this queuing for the buses is very frustrating right how much pavement we had to put in so that we could deal with that and the issue is that the buses are too chaotic is what I heard so we need to work on that just put that in the back of your minds too okay um I think that was those question so then when I actually get to the the map I'm look I don't know which there's the c200 map is what I kind of spent most of my time on um I'm confused about the arrows on the east side of the let's call it the school parking lot on your property that are going right towards other arrows that are going so you've got people going south and then people going north can someone explain to me how that's going to work so mayor the arrows coming out from the building those are the two drop off Lanes um they're obviously need to be a sign telling the person going Southbound on that lane that they need to turn right into the parking Bay and not proceed to go in front of the school so we're hoping a sign is just going to make them turn does this work at other schools like do this is how we have it at Oakland cuz I know Oakland's similar to Oakland okay that just seemed strange to me so okay um the other question I had was or one more is there so now I'm looking at where we were going to put those new one handicap two not handicap cap spots down at the south end of that parking lot is there a way to also so we have this curvy little walkway that is very on the south can we I asked Matt about straightening that out and he said he asked that too and that it's the terrain doesn't allow that right okay because of grades or whatever can we add another shorter walkway right to the west of the Pavilion because I that's the Pavilion where your little hand is right yeah yeah because I'm thinking nobody's going to want to walk all the way down and around and then come back up if there do park down there or even the people that are parking way over in the school lot that have to come all the way across it just seems like maybe a short little walkway between there would be helpful but so there is this side walk y I think what to the mayor's point is is there a more direct route yeah cuz say you're parked way over on this other lot and you're cutting all the way across you're going to cut through there right and then you're going to want to come right across you're not going to want to go down to this walkway or up to that walkway I'm just trying to be like practical with how people and they're just going to cut through the grass then right so are we better off having a little walkway or with gray it may be challenging fairly steep there right next to the Pavilion between the park oh it is okay well something to consider I think in your next plan if you could look into that I would appreciate that mayor so on the screen we have the grading plan and they're correct there is a grade that drops from the parking lot which is why you have the extended Trail back to the disability stalls and then the curvy trail to the South so that those Trail accesses still meet ADA requirements can we do stairs for the people that want to are able to do stairs or do you have to have at ADA Compliant if you have an access point if you have the alternate route then you're probably okay okay just something to think about and it's really on the city property so it's whether or not the city wants outdoor stairs to maintain in the winter yeah probably not okay otherwise it's a little Hill that people would have to try to go down to get to the Pavilion is what you're saying it's a big hill put their cooler there and send it down especially in the winter I'm just trying to picture how there could be a hill there I'm just not picturing that big of a hill but okay um my other Epiphany I had was to help you with your impervious surface and also maybe make it a little prettier cuz I was just very frustrated with the turnaround at the end of the access road it's just a big big old Circle that nobody's using right can we put a a cut out the circle so that there's a place for either some kind of a planting like trees or grasses or maybe even there's a place to put picnic tables or says no a raised garden as long as your turn I looked at your turnaround thing and there's room for there to be a hole there you got to Cle clear all it's got to be clear just like in your residential areas I know some cities do have additional larger turnarounds but for ours our truck barely needs it there and the inside TOs and outside there's really not excuse inside I looked at that because we got a turn radius map I think it's like 4 4 looks like there's lots of empty space right here so if you could look into it talk to Alan whatever I just think it's worth looking into rather than having a big empty space there if we could use it for something else or just green space like you said yeah just just something green would be nice and it would help with your improv issue um I think that's what I had for questions and comments at the at this point um I guess oh wait I forgot about the interior just just curious about how it's going to work with um Adventure Club and then also like where are the prek classrooms and all this if someone could just help me understand just I know it's not totally important to the our vision but I'm just curious because it looks like there's enough there's like six sort of what would you call them like pod areas so you've got K 1 2 3 4 5 but I didn't know where prek was doing are they sharing with someone so in terms of grade levels yeah it's that's a that's a building decision that's a principal decision year where grade levels live so that's we created the pods and that's kind of based to where they want to you know live with with the individual classrooms come up you ge and my guess will be on the first floor um we do have space provided for them okay um so they felt this was adequate even if they have prek corre there and we actually design prek with kindergarten so that conne to kindergarten both from a curricular wise as well as a transition um standpoint going from prek to K so they are um lumped together cool and that was just my curiosity and then right now Adventure Club uses like cafeteria space yeah so Adventure Club will come in the The Bus St is here they'll drop off here we have an aone that they'll use a cafeteria for the access both before school and after school will be through this access right here oh that was my other question that came up that I forgot is when we talk about school hours we're not talking about Adventure Club hours right so Venture Club runs 6:00 to 6 so 6:00 in the morning until when school starts and then then when school ends till 6:00 at night so so when we're talking about not parking during school hours it goes all the way till 6:00 at night when we're talking bus we're talking school day because parents will need to drop off and pick up kids here so we're talking school day individual six and a half hours of the school day not the six six okay good so school hours mean literal school hours 2:30 to 6 that will be I'm sorry 2:30 to6 that lot of the city well I don't know what are the school hours are not 23 we don't end at 230 anymore um it will it will be once it will be 7:15 or excuse me 7:45 to 2:15 so okay to to council member doll's Point probably 230 by 10 buses leave whatever whatever that looks like yep have we when we did the um the traffic study I know that it was the estimates were were on let's say the conservative side because we think there was more traffic happening because of road closures and all that did look at when the S Cay Prep School times are because I know they also have backups on stage coach and I didn't want it to add more like do we know are they on our same schedule So currently St C prep utilizes our busing which means they are on our um te system okay so um right now uh at secondary schools middle school high school are the tier one Elementary is tier two and then St gr prep and our other um non-public and charter schools are tier three so they time as we switch Elementary be the first tier seconder would be the second and the St gr prep would still stay on that third tier so plenty of space in between or Gap in between time wise okay all right and then the only other thing we didn't look at is that that 230 time frame is typically the busiest for us here because of like the Anderson shift change it seems like anytime I try to take a left from my house on the highway 95 it takes me a long time so I don't that's just my end of town on 95 but um hopefully that doesn't cause as you call for many for many years this used to be a 2:30 end time I know exactly and that was not pleasant well f is going to be better than yes it should be 95 okay all right thanks for uh bearing with me on all my questions um let's see what is our next step I guess we are would take a motion to adopt these resolutions that are here the one for the annexation the Y incorporating I'm ready okay I'll move to adopt a resolution extending the rate corporate limits of the city of Bayport to include certain unincorporated land from Baytown town Township located at 103 5th Avenue North for the development of a new elementary school I'll second thanks John and Ethan um we need a roll call vote council member Carson I council member do I council member Gilmer I mayor Hansen I motion passes um does anyone want to make a motion to adopt the resolution approving the preliminary plat I'll make the motion to adopt the resolution approving a preliminary plat related zoning and land use application for the development of the new Elementary School located at 10003 3 5th Avenue nor thanks Connie I'll second thanks Ethan roll call council member Carson I council member do I council member Gilmer I mayor Hansen I motion passes um we also need to do consider the amendment to appendix B of zoning of the Bayport city code of ordinances related to annexation and resoning of that property and a summary of that for publication um you could just say so move I guess so all right thanks John we have a second I a second all right thanks Ethan and um a roll call vote again council member Carson I council member do I council member Gilmer I Council me mayor Hansen I so that motion passes as well all right so now we're going to get into some cannabis stuff so I'm going to let all the people who don't care about that leave there goes our audience including our uh engineer I think right all right thank you all for coming and answering questions and presenting and I know you guys put a lot of effort into all of this okay to yeah she she's coming to the her spot at the podium thanks Dan bye it is very warm in here it'll cool off therat is broken oh is that why I I think it's more the sensor over above Jay's head is broken Jay would you quit emitting so much heat what's up with that okay let's uh better going to be too much chatting out there um we're going to consider amendments to appendix B zoning of the Bayport city code of ordinances related to the regulation of hemp and cannabis businesses and summary for publication and Christina Benson our attorney is here to because she is an expert on all of this going to uh give us some background on it I think she has genko earrings or G shaped earring you know we're actually thinking about getting a dino tree on house cool trees Boston Ash um all right Madame mayor members of the council we have a big topic um I know we've already had a big topic but here's another one for you um there's a couple of resources that you guys have that I'm just going to refer you to as we get started so if questions are popping into your head you know what resources you have in front of you um so I believe you have something that looks kind of like this somewhere not printed out maybe it's in your packet probably or email to you if not I can hand this to you all to hand around as well you better hand it around I don't remember glammer like headings on it is just the power points in there yeah yeah I don't think we got that well can we does not familiar Oh shoot that's okay I can just bring this up to you guys and you can kind of um it's just a cheat sheet um so that when we're talking about all these things if you're like wait a second was she talking about hemp is she talking about cannabis what about what we're regulating right now that will kind of help facilitate some of those questions um so there's a lot of different things that I'm going to be talking about I'm going to start with are we going to do do you have the PowerPoint I do except the computer disappeared is that where Sarah went yes okay um so we're waiting um let's just connect this I'll go over the definitions in the PowerPoint which is why I'm not starting okay anybody else oh yeah John took pictures of it he did yeah so he can look at it on his phone so smart my phone as my most important tool at work swear all right yeah but it doesn't show oh not I feel B all right thanks for your patience everybody go for ITR so don't read his email if something pops up oh what I would say as an attorney doing a presentations I was like this is such a pain okay all righty you just have to scroll scroll perfect so you've kind of learned some things about cannabis and hemp um so I'm going to get into more details about the businesses and I'll also do a little bit of an overview of the definitions that um in that cheat sheet that you're handing um around so tonight obviously there's a lot of things in the ordinance but but there are some primary matters for you to address a lot of them are just kind of standard zoning regulations so there's a lot of detail in there but really all you're looking at is this is in this District but it's said in a long paragraph instead of just a simple statement because that's how ordinances are drafted um so that's where you're going to be looking at some of um your distance requirements from youth oriented facilities and residential treatment facilities so those are specifically outlined which types in your ordinance we're also going to be talking about hours of operations if you want to have restrictions on that Beyond what's required in statute what types of signs you want to allow or not allow at the different types of businesses as you can imagine there's older with these types of uses um so that's another thing and then cannabis event operations is a pretty big topic um because it's very obscure and we don't really know what that is and as part of all of these we're also going to get to the discussion on the number of cannabis businesses in the city so I'm just going to keep going and we're going to start slow and we're going to ease into this and hopefully um by the time I've finished introducing the ordinance to you um some of some clarity will be provided so when we're talking about cannabis businesses we're talking about all of those businesses on the leftand column there's a lot of different things when we say cannabis business we're talking about manufacturing wholesaling transporting grow growing and sales so it's a lot of things and the same with hemp we're talking about hemp business it's referring to both lower potency hemp edible manufacturing and sales if we're referring to something more specific we would say hemp um retail or cannabis retail but if we're speaking generally cannabis and hemp business we're referring to anything and everything so the one of the big uses that we have is something called a cannabis retailer at a retail establishment they're selling directly to Consumers they're not selling to other businesses and they can sell everything they're selling plants flowers products but also all of the lower potency products as well they are by Statute required to have proper ventilation and filtration for Odor Control but it also specifically allows local governments to have specific requirements as well and then there's a state requirement that they can't sell between 2 a.m. and 8: a.m. or 10:00 a.m. depending on the day so that's a state requirement you can go above and beyond that by a little bit then we have something called a cannabis micro business and I think the simplest way to describe this is kind of like a micro Brewery so we have a facility that's going to be growing and Manufacturing at the same place and they can also sell to Consumers and other cannabis businesses so just like a micro Brewery might sell to a liquor store they can be doing direct sales to consumer and to other cannabis businesses um something that we don't really know what it's going to look like and it's alluded to on that sheet is there's a thing called an endorsement that um and I refer to it as a thing because it's not described there's no specific application process or approval process for the office of cannabis management right now it's just referred to that it exists and it's not really elaborated beyond that so what that means is it sounds like there's going to be the op option for a micro business to get a retail endorsement where they can open up a retail establishment separate from their grow and Manufacturing so a micro business could be a place that's growing manufacturing and selling to Consumers all at one site or they could choose to grow and manufacture all on one site and sell at a separate retail location without growth or manufacturing and the other thing we don't have that counted as just one business for us if they're separated out like that but they're the same business owner yes it's just one that would consider one retail business okay um so the other thing with the micro business we don't know what the restrictions are going to be about this on-site consumption they're allowed to do it there's no smoking or vaping but what we don't know is can they have on-site consumption only if they have it all in one place or are they allowed to pop up a retail establishment and allow onsite consumption there as well we don't know um hopefully Office of canabas Management will provide further detail and rules on this but their proposed rules do not offer any Clarity here okay the next thing we have is a meso business and I kind of compare this to Surly when I'm talking to my councils it's bigger um the only thing is there's not on-site consumption but it's a bigger growth manufacturing they can sell to Consumers and other cannabis businesses but there's no on-site consumption like you could at early um again same type of business can get that thing that's called an endorsement that's this abstract endorsement we don't know um if they have to be within a certain distance it's kind of sounding like you could have a meso business let's say um in Rochester and have a retailer establishment here in Bayport we don't really know what that endorsement is going to be um but a meso business could mean all in one place or part of it in one place and part of it in another place the next thing we have is a cannabis cultivator and the reason this is included you know we obviously know what cultivation is like manufacturing but I just wanted to give you an idea of how big this space could be a cannabis cultivator is up to 30,000 ft indoors and 2 Acres outdoors um so it's we're talking pretty big right now we're not anticipating um businesses wanting to grow outdoors and right now your ordinance does actually prohibit outdoor use so you can imagine even if these product products are not being smoked they have a very strong odor while they're growing um and then a cannabis cultivator can Al also package and label um the plants seedlings and flowers then we have this cannabis event organizer so statute says you need local approval before you can have a cannabis event It also says the event access needs to be 21 plus that's not up to you guys the statute requires that the whole event be 21 plus it also requires a designated retail area and the statute has explicitly stated that you as a local unit of government can prohibit on-site consumption so if you did permit it the designated retail space and the on-site consumption space have to be distinct so you would leave um you would stay all in the cannabis event but you would leave the designated retail area and re-enter an on-site consumption area that's separate from the retail area so a big thing with this is I don't really know what this is going to look like are they going to want to do these events in parks are they going to be more indoor convention looking things um we don't know but what we do know is you have to um approve it at a local level for every permit um and that you as a local unit of government have the option to prohibit on-site consumption which I can say most of the cities are doing this right now that I represent mainly for the purpose of let's wait a year check check back in see what these have looked like in the larger cities and then decide if we want to allow them um on site consumption once we know more about it when I think you said that we have to approve them locally but I think you mean like we have the right to approve them or not approve them you have the right to prohibit on-site consumption oh but we have to allow them to have an an event event yeah so you can't prohibit the event but it kind of discourages it basically is kind of the question I've gotten from councils is well what's the point of having an event if we don't allow onsite consumption sales so if if that's your something you're interested in that's what I've just conveying what I've heard I've okay worked with I think five councils at this point just to let you know what they're doing okay um all right so then we have proposed rules from the office of cannabis management and they've provided some details so again you can help picture what these businesses look like this is for all cannabis businesses they have to have alarm systems that are Audible within 100t radius from all entrances and exits 24-hour video surveillance lighting with a 20ft radius at all entrances and exits motion sensors locks and fencing by Statute is only required for outdoor cultivation and then um as a final note the office of cannabis management stated in um their rules that cannabis and hemp businesses cannot occur in dwellings um and all of these rules here would be enforced by the office of cannabis management you as a city are not required to enforce them and then here are some of their other proposed rules about environmental um they're going to apply the same pollution control things for other businesses to these types of businesses the same standards and they're explicitly expecting local units of government to have their own odor standards um by referring to you know as in addition to ordinances established by a local unit of government so just to help you kind of picture what's going on then the next thing that we have is a lower potency hemp retailer and there are two types of these that we're going to be seeing one that's a full-on lower potency hemp retailer which frankly we're not really sure how many there are going to be with the new cannabis businesses are people really going to just be selling these um but the big one that we're going to be seeing um and that you're going to be seeing is on-site consumption that's allowed for all businesses that hold an on sale liquor license so that's why you'll see in your ordinance there's a thing about how there's an accessory use that's permitted for lower potency hemp retailers at businesses that hold a liquor license from the city so that's what that's referring to you've got ones that don't have on-site consumption and ones that for example have an onsite liquor would have the option to have on-site consumption all right so just to again kind of reain in what we can and can't do um there's a lot of things the state's doing um waste disposal recordkeeping Licensing Operations testing and security requirements um we don't get to do any of that licensing or um testing requirements but what we can do is require registration and have zoning restrictions so that's what's before you tonight distance from schools um dayc carees residential treatment facilities playgrounds you can regulate hours of operation to a certain extent you can choose whether they're permitted uses accessory uses or conditional uses and then finally you can establish those zoning performance standards and that's where we get to the ordinance um so I'm just going to walk you through this and then I'm going to because I think it's going to be more helpful to finish this comprehensive presentation because I think as we go some questions that are popping up might be answered as we go through this um so I'm not going well I girl okay so um we're starting with districts where are these allowed cannabis events and um hemp edible retailers are permitted in your B2 District um edible retailers are permitted in your B2 District as an accessory use for your restaurants can I stop you for one second yes absolutely mayor I don't know all my districts so can we better explain what a B2 is so that's in the back of L so B2 would be the so our business district basically so Fifth Avenue businesses and the main okay just want to make sure we're all on the same page about what B2 means yep and that's not on camera the purple map that he's pointing at but okay no one can see you other than us un and the only other thing permitted in the B2 District which is by conditional use is those micro businesses and then a cannabis retailer and those are by additional use okay and that's so that's what section two is saying of this ordinance okay and then we get to section five which is your industrial district which I believe is purple five yes yes oh so the purple is like Anderson and then all that other stuff over closer to the river this part that looks industrial okay and what's permitted there is a cannabis event you don't need a conditional use permit or anything because you're already going to do a permit process with them and then if it's accessory um it's permitted for those with a valid liquor license otherwise because you have to permit all of the other uses everything else is permitted in your industrial district as a conditional use so it's going to come before Council so you can add conditions to it so you can see those site plans and all of that um but that's where everything else is so these types of businesses are only permitted in your B2 and your Industrial District districts in the city and in the B2 sales events micro Brewery micro business everything else industrial so the events in the B2 wouldn't an event maybe wouldn't they maybe want to do that at a park at this time your ordinance restricts it to indoor use okay um so not Outdoors what potentially we thinking like a banquet hall right they could have like a po yeah like a gift shop like sometimes they do or like a I don't know a tasting event we again we don't know what these look but that's what when we discussed it with at a staff level and with the Planning Commission is doing these as an indoor event facility so if someone came to us with a plan to have an outdoor event where they talked about different kinds of cannabis and whatever we could not allow that or we would have to you are prohibiting that for now according to the proposed ordinance from the Planning Commission you can change that that's what's being proposed okay um from the Planning Commission level okay so then the next thing we get into is um the standards that are being set for these types of businesses so for registration this is um the start um you have to register these businesses if the state of Minnesota says boom you're you have a license City you are compelled to issue a registration unless they are outside of your zoning essentially um so as part of that the state does allow you to limit the number and um the Planning Commission recommendation was to limit it to one and revisit it in a year or two um as we see how these grow we have the option to require an inspection before we issue a registration to make sure they're um up to compliance with city code there's a typo do you want me to tell you sure well it says there shall be one registration available for a cannabis retailer businesses oh I see because it's not one yeah yeah okay sorry Christina M counil uhuh can you can you exp expound on that one registration too because Planning Commission had was confused by that yeah so when we're talking about these registrations we are talking about about one either a straightup cannabis retailer or a micro business that's doing retail sales whether it's as part of the micro business or separate or a cannabis retail as part of the meso or separate so that would mean if a micro business is selling at their location as a retail location no other retailers could open up in town let's say there's a micro business but they're choosing not to have retail there then a cannabis meso business could open a retail endorsed um facility in the city so it's one to one place where it can be purchased by the public yes one location and again we're talking about cannabis not hemp so we're talking about cannabis and weaker but we're not talking about like the restaurants that are going to have the lower potency hemp edible drinks that's not what we're talking about when we're saying limiting to one it's for the direct at at the level of cannabis flow plants cannabis products retail so what is it um just for you know people that are novices with this and stuff so when a person you know like if you were to go to a liquor store right now the the Beverages and the Edibles you're going to see there are hemp derived not cannabis derived correct just so people have a that's something I learned a while back in our state yeah right now right yes right okay and I'll just add in case anyone's watching this um the lower potency hemp Edibles that we're talking about in this ordinance are not legal yet we have this edible cannaboid thing that like this the legislature snuck in in 2022 those are legal but the lower potency hemp edible products that are a higher potency and include more things aren't available until the office of cannabis management adopts their rules and establishes a licensing for them so you can buy things right now but it's actually not the lower potency hemp Edibles it's the edible cannaboid products you don't have to understand that I'm just in case people are watching it back it's a very confusing yeah um it if you want me to explain it more I can um do you want me to I'm still seeing some confusion I don't know if I'm ever going to I was just get the the number one was came up by the Planning Commission two so that's not a number by anybody specific right so that's what was the reasoning for one so they their reasoning was well it's a smaller City so honestly probably can't fit more than one from a retail perspective like there's not spaces open um and if we want to have any sort of distance from certain facilities in the school and they weren't really sure which ones if we wanted to do schools daycares um and then the further reasoning was we believe in Market stability but also we don't know what these are yet so let's start with with one and then as we see what these are and the ocm issues more rules then we open up the market and let the market decide but for this first year while OC's still issuing regulations to hold off on one okay yeah staff didn't even come with a recommendation on that one we have to have one though you have to have at least one make that clear yes thank you for providing that y um so then we can we'll come back to all of these for you guys to reflect we're just moving forward you are stuck with the fees that are established in statute um you can do um I believe it's half of what the statutory amount is up to 500 or up to 1,000 but realistically um unless you have some of these manufacturing um which aren't applicable to the registration we're just talking about sorry we're just talking about retail it's like 100 200 like you're there's not a lot of money coming in um from those it's a pretty low fee that you're you're set with because we're not doing like background checks or anything right the state's doing all that yeah the primary um recuperation from that will be that your law enforcement is obligated each year to do an age verification check by Statute um so that's what that fee will be going toward and then the issuance of the registration because we will be doing are you compliant with our zoning um we're going to do an inspection to see if your business is compliant with all other City things parking lighting you know all of those things and then if um all of that works out you're issued a a registration and we have not come up with that fee is what you're saying correct it's going to be in the fee schedule but and really I mean I do recommend given the amount of cost that you have had to pay your attorney to try and get this put together the cost of your law enforcement the cost of your city staff from assessing these from a zoning perspective without having any background knowledge because we just don't have that right now um it is expensive for cities to be reviewing doing these um registrations at this time and it's a pretty small amount um that you're able to get I'm not even sure why they said 500 and 1,000 because I don't think you get close to that the term is for one year then they have to renew it and then we have hours of operation these are based on statute allows you to limit the retail sale um between the hours of 10:00 a.m. and 9:00 p.m. so if you want to be more strict then um by Statute you have the option to restrict it to um sales um only between the hours of 10 a.m. and 9:00 p.m. and then for the hemp we copied and pasted from your liquor so it wouldn't make sense right for a restaurant to be selling liquor and then all of a sudden they can't sell hemp or vice versa um so that was copied and pasted for the on-site consumption to align with your liquor licensing then um there will be a discussion about the operation of cannabis businesses within um 500 ft from a school daycare Residential Treatment Facility an attraction within a public park you can't just do a park generally there has to be a playground for example some cities are going further to saying a pavilion could be considered an attraction because miners are um gathering around there the statute does leave it ambiguous and the recommendation from Planning Commission for cannabis was 500 ft from each of these and then for hemp businesses they um scaled that back to 250 feet restrictions um noise there should shouldn't be noise going on beyond your lot same with odor you don't want someone to be able to detect the odors um at adjoining properties and requiring an odor maintenance plan for all premises and for now as um stated all uses and activities shall be conducted indoors with no storage or activity allowed then there is a Prohibition you have a pretty good sign code um so what pretty good what do you mean so I didn't have to have a bunch of details here so we worked really hard on that I've got a a question back to 74904 subset 2 um whatever we're calling it here so what if an established business is there and a daycare comes oh yeah we'll get into all the we have lots of things we still have to decide she's just going over it we'll get into that good question all right then signs um like I said your sign ordinance covers everything so what I've added here is um they're prohibited from erecting temporary signs as defined by section 727 of the Bayport city code of ordinances an option to add to this would also be um to restrict symbols like from or referring to cannabis or hemp leaves that's a big one for a lot of the councils they don't want the flashing green cannabis leaf or hemp Leaf buds that type of thing that could attract a minor um to the facility that you could add to that um we have the standard registration suspension of ration um and then we get to finally temporary cannabis event so you have to get a permit from the city there is um on-site consumption is currently prohibited as proposed the Planning Commission recommended restricting them to between the hours of 10:00 a.m. and 10: p.m. that they shall only be held indoors and finally um that they will be considered for approval by the city council and then you just have your summary with that I stand for questions thank you that's a lot and I know done it several times I can tell you're getting really good at that um okay so there's quite a few things that we as a council kind of need to discuss and figure out starting with I mean just from the notes that I jotted down um events and whether or not we should allow them Outdoors that was one of the things right shall we talk about that just kind of take this list off how do you guys feel about outdoor looks like you have a pretty good list I mean I it doesn't bother me someone wants to have an outdoor event I guess I would I would I'd be I would love to have a Planning Commission person here to yeah explain their rationale there I don't remember that discussion much about the I believe it was kind of similar to the the on-site consumption thought is that you know if we just allow them in doors and kind of keep us limited then we have more time to again just conveying what they said but that was the reasoning was we start here see what happens with these events and go from there The Madame mayor members of the council um the other item was the ability to have it in a certain spot right obviously there's no outdoor consumption in Parks currently not allowed so you'd have to make that um as a use um and then um there was also very limited location to really have an outdoor event um the one place that I can probably think of is nj's uh thej oh you can have an event at a park without consumption though wasn't that part of what we could regulate we could say you can have the event but restrict any kind of consumption think their perspective of that was would that really happen happen so then I will say that the planning Comm commission took a very conservative approach I'm not as conservative I don't think but that's just me I feel like why I wouldn't want to restrict someone from having an event that helps them promote whatever their business is as long as there isn't rules that are being broken by the city so that's how I feel I don't know I'm only one no no I'm probably the one that be more conservative I'd be the one that' be more conservative yeah if I could chime in again the other the other tidbit of this is that these cannabis events are there's not a lot of information about them or the regulation and how the state is going to approach this uh also which could make it more difficult in the future if we are lenient to begin with and then attempt to um be more restrictive but don't we have to approve any kind of application for an event anyways like we have all kinds of things we when we see the application yes but if we're allowing them in the ordinance to do it then we are definitely less restrictive on approving it Madam mayor members of the council well he's referring to as like legal non-conformities right so um if you have in your ordinance that you're permitting these events or any of the activities really that are in this ordinance tonight um and then change your mind next year and want to pull it back you have some established you uses um and of course the temporary events's a little bit different because again we don't know how the office of cannabis management is going to treat us are they going to say oh yeah you have a legal non-conformity to keep doing it there because you are allowed to have there we don't know um I have stopped trying to predict what they're going to do um but that is definitely um always a possibility but especially when we're looking to the other types of regulations that's another thing to keep in mind is once you have a business you have a an established practice an established use for the parcel or the practice and at that point if you change it next year then that can't be touched because they've already established a business or a use at the location so we're dealing with legal nonconformities um again we don't really know for the timer cannabis events we're not necess talking about a business we're talking about these events yeah at this point yeah I would say that's definitely less of a risk but at the same time we don't know I'm trying to find a fine line between you know we always talk about being business friendly and then with this we're I think we're being paranoid pretty restrictive and and I and I like to be proactive and you think ahead I just feel like um I mean just because we don't know what they're going to be doesn't mean we should be scared of them I guess is where Ian I mean I don't know what they could be other if we can say there's no consumption at it I don't understand what I don't think Woodstock's going to break out in Lakeside Park or something I mean Madam mayor members of the council one of the other one items was the ability to uh have a like an internal control right so if they're if they're restricted to inside then it seems seemingly there's more control over uh ventilation requirements and different stuff like that that's that is already in State Statute and a requirement for anything internally essentially so say they're having it in the ballroom area of the Legion say so then they would also have to follow State Statute requirements for internal make sure that uh order was being removed from the area and different stuff like that that was another item that the Planning Commission identified right well then and then that's that's another vote to me for if these indoor places can't meet these standards now we're sort of not letting anything happen yeah and an event is not like a permanent thing this is like a few hours out of a day where there may be an odor issue well if you're not assuming and there's no and if there's sales at it is there can you I mean is that what we're talking that's what I'm trying to figure out what we're afraid Madam mayor we should clarify what an event could be also so an event would be four days up to four days and we can't regulate that it has to be up to four days it's I'll take a from the Department of Labor it's a risk tolerance right so we don't know um what is going to be interpreted as prohibiting right so we're not allowed to prohibit these if we're saying you can only have it for one day would that be interpreted to be going beyond our statute scope of prohibiting these events if we're restricting it to one day that's not something we have the answer to so is there a risk there that we limit it to one and someone says you're overreaching beyond what your statutory um requirements are yes do we know if that's going to get challenged no it might be something that people are totally accepting of so we just um the more restrictions we have um when there's a state statute saying they're allowed to do this the more risk there is but that's why you as the council make the decision that's the risk that I can provide you as the City attorney and if you want to have more risk and put more restrictions depending on statute that's totally a something that is up to you to make a policy decision on so we're waiting for the state to provide us with what to make a decision about the outdoor events rules we don't have their rules so statutes um there when statutes are adopted they created this commissioner which is um the office of can cannabis management but they don't have their director yet um so they're charged with drafting rules to clarify and provide additional um components about you know details right they're supposed to fill in the blanks and at this time we don't have those blinks filled in they've provided proposed rules that are I want they're very limited um it's probably like if you condensed it probably about 10 pages are there rules about if someone wanted to have an event about whiskey I don't know you know I'm just kind of curious why we think there needs to be all these rules you give like during Derby days during the park you give them is there access temporary liquor LIC yeah there are temporary liquor licenses I don't believe they can be I don't I don't know um off thep consumption how long they can be I'm just I'm just yeah trying to figure out what they would provide to us eventually that would help us with that I mean I guess I'm fine with a conservative approach as long as you know I don't know I don't it couldn't really be incorporated into the ordinance as long as we revisit it when things become more clear see I guess that I feel like John I feel like but why not start out conservative Andor restrictive and then be able to go it's kind of like you put M cart first then try to at the same time I imagine Sor County where you finished no interrupt no um you know the same rules I would imagine would apply to somebody under the influence of alcohol like public intoxication and things like that so I mean that's already something on the books right um so sometimes I worry about a solution looking for a problem and so it's hard this one's really hard for me yeah because Matt you're saying if you think about it back up it should be popping up in a second sorry I'll let it go to sleep you're saying that when you think about it the only right now outdoor area you would say would be the NJ Cil M mson that that's the only one that popped in my head but in theory there's other ones right you could Woody potentially has the outdoor space manger the barbecue they all okay okay well well I mean I'm not like sold on the oh we need to have outdoor events as part of this if we wait um just worried that we're not going to revisit it and I don't know like at what point if nothing comes from the state then we never think to go back because I can't I don't understand what they're going to tell us about an outdoor Madam mayor members of the council they have stated on their website they will have the rules by the end of the year um the reason this is before you before the rules come out is because once they publish rules licensing automatically begins so there's not been provided a time between when the rules come out they adopted this that's why you adopted that hemp extension earlier this year and that's why we are bringing the cart before the horse Okay um so what I've received Direction in other cities is to direct staff to bring this back to the council in this month or in one year whatever you feel fit that's been explicit direction that um staff has provide been provided by the councils that have adopted at this point thank you Christina that makes sense so we will just make sure we revisit it as soon as the rules come out to make sure that we are still comfortable with it related to whatever roles the state's going to tell us I mean in that case I'd be in favor of adopting this make a motion to that effect with the provision that we Revisited um if they come out with it at the end of the year let's look at it in February or March or well there are things we do have some saying right now before we get rules that we need to go beyond that that was just one thing that they haven't given us any rules about but there are some other things that we can a big thing Madam mayor members of the council that as an attorney I'm looking at is their approval process so especially like with those endorsements I was talking about we don't know what level of local approval will be provided for those processes because it doesn't appear that to open a retail establishment a set as apart set apart from your meso business that you're required to create a new application that would allow the city to re the 30-day review period so it's kind of the same with these temporary cannabis events they aren't um the processing and the application processes are really ambiguous right now so what I want to see is an application what is an application for a temporary cannabis event going to look like because if the application is saying you have to provide us X Y and Z then we don't have to worry about that office of cannabis management has set these requirements for these events we just don't have that um which is you know why I believe that the Planning Commission and I'm seeing other City councils negotiate let's be strict UPF front and come back to it that's kind of why part of me thinks someone has to let someone have an event so that we can see what they want to do so that we can figure out what the rules are going to be you know I mean like someone it's like this card horse thing yep do you want to be that City I don't think we need to pass anything super restrictive until it becomes a problem like you said a solution looking for a problem I don't I mean I don't know I don't even know what like you said you don't know what a what a outside event would look like but I don't know why we're creating a bunch of rules for things that we don't even know I I I think that's I don't know I mean we have 2,000 city ordinances and we're going to pass all this stuff and then we got to go through a process to remove it if we decided it's not good good I mean why pass them in the first place it just seems like a lot of administrative waste and everything else to go through the process of passing it and then we have to reverse it later that to me doesn't seem very efficient because we need something in place in case someone gets a license and wants to come to us so but then but we have to approve them all we approve all the we approve everything we the license no I was going to say I thought you told us so right now you don't have any zoning controls and these could go in anywhere and they could make an argu I'm talking about the the oh you're just talking about I'm not talking about the licensing that's a game I'm just talking about the event um yeah so they are they do have to come to the city to get a permit what's not clear is if you can say no if they meet the statutory requirements so I guess I would feel doesn't it seem like we'd be better off than having it in our ordinance because what if we can't say no then at least we have something in our ordinance that says what restricting about it like maybe consumption isn't allowed or I feel like not having it is more harmful than having it but M Mame mayor May of the council the Planning Commission did recommend to only allow events indoors so that's what they recommended yeah and we're talking about opening that up to potentially having outdoor events okay but why don't we start corre like a little more restrictive like they're saying and do let them allow them to have the indoor events and then if those go over well or if we feel like well I because we may not be able to decline an outdoor event she just got done saying we don't know what the state no no if we have the Restriction in our ordinance that we allow them but only indoors we are still allowing them yeah so again that's the risk tolerance and there's less risk Tolerance on that front versus restricting how the um the ability of them to operate to the fullest extent of the time period so there's different risks okay see in theory we are still allowing them we are just allowing them on a very small capacity we're allowing indoor events they're they're never going there still events so they're not going to come to us with a specific thing about outdoor events is what you're saying so someone obviously could make that request and we would just say that the the ordinance the city does not per you meant the state I meant the state tell us we have to allow outdoor events we don't know what they're going to say because we don't know we don't know yeah and so that's why I'm saying if we actually have something in our ordinance that says we allow outdoor events but they're very restricted like aren't we better off saying we allow them but here's what our rules are around them then not saying we allow them but then Madame mayor we don't know what restrictions are going to be placed by the office of cannabis Management on those items and what if they say you have to allow them and we aren't giving you any restrictions you see what I'm saying like then I do understand what you're saying create our own and that's where this is the balance we're kind of stuck in trying to strike is to what extent do we want to place restrictions and that's Again part of the putting the cart before the horse we just we don't know what they're going to tolerate we don't know what they're going to if you want to be more restrictive then that's an option you have if you don't want to be as restrictive I would say your temporary cannabis event is definitely lower on your risk scale um from a non-conformity um standpoint but again it's up to the council if you want to allow these um you know the landscape we're in a weird spot and hopefully you'll never be put here again is there um I got to think there's examples of ordinances like that that that have some Provisions in there for um in the situation of the state of Minnesota cannabis providing further input we now relinquish these ordinances and defer to them we're allowed to be more restrictive than the state but we're not allowed to be um right less less restrictive right you know I don't know yeah and Madame mayor members of the council they did provide a model ordinance and what was provided in the temporary events is basically you can have an application um and then you can have standards and bullet points insert standards here so the model unfortunately did not I mean for most of this provide any recommendation so that we were hoping cities would be able to be like yeah let's all do this and then we can kind of see what happens um but they didn't provide us standards um so that cities could kind of have consistency so right now it's kind of Peace meal again because I think they want us to figure out what we wanted to those but okay um so decision on that is what leave it as the Planning Commission recommended with just indoor or change it to a not be as restriced Connie says leave it as a Planning Commission I'm supporting the Planning Commission Ethan says I'm saying less restrict less restrictive John how do you lean now um I'm probably on the less restrictive side excuse me yeah um I kind of am too I kind of want to just see what kind of events are we going to even what's someone going to bring to us I know that you said it could bite us later I know I bet you we're not going to get anything in this time frame so okay so there we are and then the how many oh I would say no consumption though at these events right yes okay did you get that Christina yeah so leave the the Planning Commission the that no consumption indoors or Outdoors okay um so how many retailers I mean ises the one retailer make sense to you guys I think for how small of a city we are I kind of starting with one makes sense to me we have to have at least one I don't know that we need more than that right now but I can't imagine they're just going to come flooding in I suppose if we said we could have six they might they might all come are right on the border of Wisconson that's true how many bars do we have how many liquor stores do we have you know it's like so again don't don't get those confused because the the bars and liquor stores can still sell THC yeah he's just equating it to that if you can have that many bars and liquor stores maybe you could also okay um support more than one right is what you're saying in terms of the consumption for me the the the smoking I get but the edible or a beverage guess I don't we're back to consumption I thought we were talking about how many we were going to allow well I just didn't get a chance to jump I guess I didn't really I didn't I don't understand why we would worry we allow people to have a beer a glass of wine or a cocktail I don't just saying smoking indors that's an no-brainer yeah you can't smoke inside I don't know how you prevent I don't know get you're selling it how do you prevent somebody if it's I've seen the little packets of Edibles how do you prevent somebody from opening it opening it up and putting it in their mouth I don't it's sort of silly to me but Madame mayor um members of the council are we looking at 7490 72 page five at the event or is that what we were visiting I think he went back to that yeah to nope we're good um thank you anyway whatever I'm not going to go to the it's it's not going to happen if we don't allow consumption of it would be my thought but maybe it will I mean there's no antic consumption of flour or any products or edibles I yeah so I see what your point is maybe we just say the flower is prohibited or mad May m smoking is already prohibited by Statute at these events that's my including vaping oh right yes vaping and smoking aren't allowed oh I mean I'm kind of see your point I mean what's what what if I had a packet of gummies and took them before I walked into Cub the grocery I mean I don't really understand how we going to ever police that so I don't understand why we would have a provision not allowing it well there are like THC beverages right that it's more obvious same giving somebody a a beer or a glass of wine in in wherever this event is I can see that so you're saying just delete that one part about consumption con on-site consumption number two Madame mayor we would say is permitted just to provide clarification because that's something that events have to um get clarity from the city on it's not clear by Statute so it would just be a simple is permitted Chief Jackson I'm guessing the chief is not too excited about that well no I mean that was have you do you guys have a lot of um THC related offenses and stuff like with the legal stuff that's happening impaired driving or um I mean yes somewhat but not any different than it was before okay good to know okay I mean metam so that's kind of a loed question too right because technically you cannot purchase it yet yeah unless you're on a reservation you can grow it yourself in theory somehow you got the seeds magically and purchased them um so I guess in the future that might be something to come back with on and who knows I'm sure there's studies out there from like Colorado and stuff like that about enforcement and different things like that and I don't know how deep you want to get into you know not guessing the future so I almost feel like we should have had this in a workshop maybe a joint workshop with the planning commissions that we could have yeah understood Madame mayor members of the council the biggest challenge here is that you're hemp um interm ordinance is expiring very soon um and we had to get this ordinance drafted which is a substantial feat to draft um and the office of cannabis management allegedly has their rules pending okay I say we revisit number two later and just leave it in there as it is because I don't think we're going to get any events coming to us right now anyways and I think that would make people feel more comfortable with it okay since we're on this section let's do the hours of operation that are highlighted are we good with the 10 and 10 if they have events I'm fine with that okay I don't know why you would okay whatever so let's go back to how many retailers we're going to allow I say one is fine does anyone have an want to defend anything other than one no I I mean like I've said before I don't see an issue with there being more than one but I wouldn't imagine there would be more than one but okay always want to be less restrictive that's I agree okay so then we get on to the next thing that's highlighted at least or is there more like do we need to the 10 to 9 10 a.m. to 900 p.m. for um hours of operation for any cannabis business um and then you said you have the 2:00 a.m. to 8m con on-site consumption to match the bar the alcohol is 10 n the same as alcohol no the that is retail oh that is cannabis retail so statute restrict restricts um retailers from selling between 2 a.m. and 8:00 a.m. or 2 a.m. and 10: a.m. depending on the day and cities are allowed to go a little bit further than that and restrict sales um to only allow them between 10:00 a.m. and 9:00 p.m. so it's just a little bit of a adjustment that's the max you're allowed to restrict it to oh so um liquor stores are open till 10 though right but that would be your one retailer that is 10:00 a.m. to 9:00 p.m. yeah we're talking about the retail I understand that I'm just questioning should it match when we allow alcohol sales and that's till 10 p.m. I'm just trying to keep things consistent it should match so I would say let's adjust it to 10:00 a.m. to 9 or 10: p.m. and number one underuse of property why we would confuse things by having it different okay perfect and then this location so the Planning Commission recommended 500 ft within uh that there they're prohibited within 500 ft of a school a daycare Residential Treatment Facility um which is like rehab is that where we're talking about okay which I mean that could happen but we don't have one now um or an attraction within a public Park so like a playground or the beach house or whatever we want to call an attraction um or a ball field so 500 feet for that and then 250 ft for the hemp businesses being prohibited and Madam no just a reminder that includes restaurants which is why they picked that 250 ft so that it wouldn't preclude any existing liquor licenses in the city from being able to increase their sales to the lower quy have Edibles okay thank you that makes sense and then um what was I going to say oh I asked Matt about what our liquor license circumference is and it was 500 feet yeah Mad May it's 500 ft um of a principal School building or a principal church building oh okay school or church within 500 ft of the school well we think that those were done before circum things yes so both the legion and JS all have a liquor license that has never ceased to be there essentially so just grandfathered in bought by somebody else in the liquor license that would answer the same high question from yep if a school or daycare moves in within that radius they don't lose their license Christine if you scroll down a little um it should have like radius like a radius map a couple of them oh in our packet you had it yeah oh nice yeah he did some maps thank you so you have to scroll back up though to see this see what the title of it is so we know how far that it yeah whichever Pony priest it's pretty zoomed in so that's 250 radius of and that is of pony some somebody's daycare somebody that we don't know okay I don't need any and what is it so what's the is that 250 wouldn't necessarily affect not zoomed in enough for me any of the B2 business district 500 does a lot from Connie's daycare and then if you keep going down um that go up I'm sorry oh I probably did 250 from the school I think the 250 is the first one oh are they out of order then okay so it's 250 then 500 then yeah yeah okay okay okay so this is the same this is both Pony at 500 sorry I don't have my pony at 250 now keep scrolling Pony at 500 yeah it's so that affects um Fifth Avenue partially and it kind of depends on where you measure that 250 or that 500 from right I measured probably the northwest corner of pony preschool or somewhere in there um so I believe that gets you oo potentially manger but it it could impact those businesses out that's so in one of our places that we allow it we don't allow it because of that's not I'm not okay with that yeah I I kind of have an issue with this whole radius thing in general I feel like it's just a a gimmick to make it seem like we're trying to protect kids or something I don't understand how this helps in that way but maybe I'm just a cynic Madam mayor I do believe they they put it in there so that places who want to be more restrictive have that capacity to do that right to limit for us in our small City kind of CRA we just had a big discussion about the school moving so this is going to be a move point in a year anyway well that's just that school thiso for but that's a different thing then they're doing it from we other cut off almost all the Fifth Avenue if you do the 500 as they're recommending from the Planning Commission and Madam mayor you also can do it from what would be the ball field in Peril Park too so that would impact we could we have the potential to do I'm not saying we don't have to Madame mayor members of the council do you want me to provide what some of my other cities are doing are you not interested yeah okay sure so um Woodburry adopted there's a week ago two weeks ago now um and they are restricting it from schools but not daycares um and I could pull up their ordinance I don't think that they're I think they're restricting them from residential treatment facilities they don't currently have any um and then I believe they are restricting them from attractions and Parks scandy is not like smaller um they're not restricting it from any they're not having any 500 200 50 um St Paul is doing 300 based on existing businesses um they're not my client but I just know what they're doing um Oak Park Heights it hasn't come before them yet but the direction that they provided was that they weren't interested in having one for hemp but they probably would for cannabis um and what did you say the Woodberry one was just kind to jot it down you pull it up Matt no that's all right I can't remember off the top of my head just schools 300 yeah Oh I thought that was St Paul St Paul's doing 300 I thought she okay it might have been okay that's all right in Old Park Heights Still Water hasn't done anything yet or have they um my understanding is still water is actually going really restrictive um but I do not represent the city of um Still Water okay here we go I thought I remembered it better I mean Woodberry is much larger than us so I'm not sure how I mean scandy is SC here we go yeah this is no restrictions for hemp but then they did prohibit them from within 1,000 ft of a school um and then 500 ft from Residential Treatment Facility or 500t from an attraction within a public park and that's for cannabis only not for him okay I mean I don't we allow it in this B2 district and then we cut it off with the 500 CC it's only the place you can do it and then we're going to tell you you can that's nonsensical it is um I I mean I don't what what did I get I'm Pro kids I'm Pro Pony preschool longtime Pony preschool um user um I don't think Connie has toddlers that are going to wander down and try and buy Theos cannabis or something I'm not that was the the reasoning in was day's high schools middle schooler middle schools were more different much different um and I even the residential treatment center part I uh I'm I would be the adult thing yeah but kids man we we have these checks for underage and stuff like that I I'm not worried about elementary school kids going to try and buy cannabis products they're not it's not going to happen they're and if it's another 10 or 50 feet they have to go to buy it it still doesn't make any sense to me that that's helping right I can walk across the street it's okay but this side of the street is not okay that's really arbitrary I think part of it is the kids seeing it but again with restricting signs and all of that stuff we can avoid all of that it can be a very like you know a business that an elementary school kid wouldn't even know what it is it it's just a normal sign on the side of the and I hate to say it but it's legal so what are we like we don't do that with liquor stores right like make it a big huge deal I don't even know why we we have the 500 ft for the liquor stores but I don't know I'm not okay with the 500 feet yeah I'm not either the daycare at all I mean I'm you're the one who owns a daycare so let's hear your perspective well I guess I deal with other stuff no yeah there's so many other things to deal with um I guess cuz where I'm located it's unfortunate that I'm back close to the businesses on Fifth Avenue but I'm also so on I feel like I'm on this side of Fifth Avenue so I don't know what what's a like a 300 I mean do we have to have a radius I guess what I'm no no I can say zero like you can have no you can have 250 you can have 10 me okay I mean I wouldn't want you know I could say I could even see adjacent to you know the yeah I guess I wouldn't want something like a bit like you across the street or something I mean they wouldn't be able to because it's what's the wording we use for the short-term rentals remember we only wanted to have like we were all like so um about where they were going to be located I guess I don't want to restrict those businesses down there so I'm I don't the 500 does not it's not something I have to have or that I'm looking at well go up to the 250 250 from the preschool well that kind of is adjacent if you do 250 it's kind of like every all the buding properties if we do 250 own pony preschool it's just residential you're at right now right and we don't allow that so I guess I'm okay with a a 250 thing how does it work then for let's say we go to the school does it mess with some of the businesses I know the school's moving but so what what that's the 250 for Pony you gotta go that's Anderson that's Anderson and then there's park there there's a chair it looks like what's cuz the church are if you're doing the church bethlehem's separate from my yeah we're here we're just doing school daycare residential treatment facility and attraction Park you said someplace else at church yeah your liquor does Church yeah I don't want to and again you can take out some of these you don't have to do all of them I think we should look at the liquor one cuz the church thing is weird yeah I haven't seen that before I mean if you were to take it from pero then that's going to that's going to start affecting some of the businesses on 95 well yeah even Matt and I were just looking at the southeast corner of the school so go you know scroll oh there it is R she's got it up I'm on it um yeah so that one centered on the very uh south I mean what if mael switched hands and wanted to be m and that's 500 right there that's 250 yeah I tried to zoom in you can see it at the it's at the Top If you're trying to figure out I'm looking at or what if somebody wanted to buy our old fire station and put in a whatever okay so are we concerned that eventually it'll be around Peril Park I mean cuz in 2 years we won't have the school there anymore but you could specify again what it would be designated right so let's are we worried about okay say we say it's for schools it's going to be an issue if we say it's for I'm not worried playround equipment or Parks that's going to affect Maples and probably what's next the dentist they could change hands that would be crazy but I don't know I I'm not like I said I just the circumference thing is just really I would imagine hard and I just don't see what it's what point it's I would imagine that a city like Scandia which has a somewhat similar Arrangement probably said no because it's going to preclude everybody from doing anything or like I said what with Scandia obiously they choose not to provide any restrictions from distance from any of these items I'm fir I'm firmly on board with no radius restriction I would like to do that too and then revisit our liquor one because I think the church thing is crazy first all and 500 feet is huge huge yeah radius so and what was it a rad so what is the liquor store one it was 500 principal SCH school or a church you can kind of yeah see that look at that one and see how that work like you said Mabel decided they wanted to be a liquor store or sell or hemp retail Bailey and coffee okay I I am fine without any radius restrictions I'm guessing Ethan agrees now you're leaning that this conservative over there is being because kid I am conservative with are putting the rule you know but yet with the already established businesses or the Fifth Avenue as our business district I don't want yeah the Restriction to I'm sorry I was teasing you I I know I can take it okay um I don't want them to be restricted from if they choose so I guess with the radius part it's it's really hard for us it is to to unless you really here you want all My Little Pony kids to be having Vapes and some business I hope they you got to provide us a smoking P you would hope yes no um I'm because yeah once they leave my place well I think it's I think it's not as much a concern that a little kid is going to get it I get the visual and I think with the sign restrictions and everything else I don't see it being a problem and it's the same thing like I know it's not the same we're comparing apples and oranges but liquor store it's the same thing he's going to sit here and tell me that liquor and beer and all this other stuff is so good for you like so much better than that I mean it's legal they're both legal items they should they should be very similarly legislated it is interesting sorry to cut you off I was just thinking about um how it seems like the the stores that are popping up are kind of obnoxious with their lights and their so I don't know why they're so different from liquor stores that but yeah what can we do because you say you know the signage can limit it the regulations but are we done with the yeah we we opted for zero circumference so I've pulled up the language um this was developed after after your Planning Commission was actually the first client to review a so this has developed more and more as we had more brains on it um so this is um what the was drafted for the city of Wood barrier wood wood Barry um exterior wall window Monument signage shall not depict the Cannabis flower cannabis product have Edibles or hemp edible derived consumer product or any other logo picture image or symbol intended to denote or suggest cannabis hemp or related paraphernalia um if your business look um logo contains that you also can't have that just trying to close those loopholes um no products interior signage advertisements or like attention getting items shall be placed or displayed that may be visible from the exterior of the Cannabis or hemp business so if you like that um I would keep what you have that you can't have temporary signs erected um so you won't have like those flags whatever they say on them attracting to the business um and then you could add this language um to your ordinance if you'd like I I mean I'm okay with that I like I said it's not a thing of little kids purchasing but having little kids see it is a thing and so if we're very strict on that then I don't see a problem with it it does not bother me I'm worried about what does our ordinance say about the use of light lighting and all of that I believe you're ordinance um it's like I said it's good um it's got the things that you want to see in it it doesn't have it has restrictions on like flashing signs it does light movement the amount of movement the light can have that's what I thought I remember all of that that's why your ordinance here is really limited and it's just you can't have the temporary signs because you already have pretty much everything else covered except for now adding like the specific of you can't have pictures or things depicting you know in the shape of it even if it's not technically you know um a cannabis leaf it's shaped like a cannabis leaf and so does this get added to our sign ordinance or um this added added to the bottom of four or I guess technically top of five you added it to which one um 74904 6 046 which starts at the bottom of page four yeah my ends on the top of page five yes temporary size is defined by that code ah okay so is is that lighting so I think we're all talking about that garish place that used to be the Goode store yes I mean I don't the LED is talking about no that lighting part is not ours oh that e is the lighting is referring to um like lights not signage lights all right and that's yeah you have nothing on lighting Oh I thought you just said we do have something about flashing lights and all for sign oh for the sign yeah yeah otherwise your zoning standards already address lighting to the extent that seem appropriate all right I think we're good there I mean yeah like I've not that I've ever been to any of these places but most of the time you can't even see into these places as far as Windows goes and things like that like there'll be no like we should be able to restrict all of that there can't be like except the one in the opar that one exactly that's ridiculous I don't want to get into that obviously but so we need to make sure that's restricted as well I don't like that's tacky and horrible looking do we need it that sentence at the end of e that no neon LED or other light source banding shall be utilized that's not you guys no I'm just saying do we need that I'm suggesting we add it no I I think that so um that lighting provision was already drafted before the addition to the signage in the City of Woodbury um so I think it's kind of somewhat redundant um because you already have in the signage that you can't have things that are attention getting oh we do okay yeah we're pretty remember we went I remember all that but I didn't know if it said something about like draw attention to it I provided this I think that about where you run like a neon bar around the I just I don't think I mean if you want to add that we can if you think our sign ordinance is strict enough then but what I got up is what about like storefront like talking about bars no like if you have a glass and you have a case of things that you use to do these products I don't want that either no products shall be placed or displayed that may be visible from the exterior of the business perfect okay good so I just want to make sure was there okay um which if you're concerned about that I hate to bring up another thing but something else that the City of Woodbury also brought up because I I kind of brought it up as a concern do you want to restrict bars on windows oh wow I have a provision um that I can show you to make so that they're not visible during um operating hours well I think we have all video surveillance and stuff that that happens most plac have C any security bars Gates or grills shall be retractable and shall remain open so that you don't have a bunch of businesses with bars on the front I don't want we don't want bars okay but it's only they have it only when it's open to the public yeah so when they're closed allowing them to secure the building we have cameras and all this you don't have to do that that's just what this says could you could could we restricted to bars on the outside I mean if somebody wants to put bars on the inside of their Windows you wouldn't see them per se I mean as much yeah this is specifically about on the exterior okay of the building you can't have bars Gates or grills um during open hours on the exterior of the building I like that I don't know I feel like I think you should have Peri it should be for any business that's just I'm that makes us look like we have theft everywhere I don't want it when they're closed I don't want them to be able to run I know all right so what I'm hearing is you want to add the Woodberry um language before you for signs and the language for security bars well we don't want any bars yeah we don't want it even when they're closed um so any um security bars Gates or grills shall be prohibited prohibited yes yeah and building I suppose if they put it on if they put it on the interior I mean that's their deal I guess it's the inside of their business well we don't have a ordinance against it so is allowed all right so shall be prohibited on the exterior of the building okay do we have a big burglary issue Chief I mean this could make us one I guess but I would say there are other options in the interior of the potential store where they can secure these items from the yeah right that's what I think yeah they will be secured so they can't even have them where you can see them yeah okay they have to go back after you see something that looks like them that could be an in a whole mother room that could be a did we answer all of the questions that you had fill in all your gaps of what I from my notes we did but I might have missed something yes madame mayor would you like me to provide a recap of what I heard um so then you could say so moved I think that's probably a good idea yeah okay yeah so an ordinance of the city of Bayport Washington County Minnesota amending IND B zoning of the pport city code of ordinances relating to the regulation of cannabis and hemp businesses with the following amendments removal of the location requirements revising the hours of operation for cannabis businesses and hemp edible retailers for off-site consumption to be permitted until 10 p.m. um excluding temporary events from the outdoor or use restriction adding sign restrictions as presented by the attorney adding a restriction for security bars Gates or [Music] grills and that's it so move okay yeah wait the only thing that I was confused about was the the time the 10 to 10 what was the language around that um so allowing the operations to be permitted until 10 p.m. and 10 um 4 cannabis businesses and Ed hemp edible retailers for offsite consumption oh retailers for offsite okay I was like okay and are we keeping the business at one only yes so there was no edit to that because that was already there okay so we got a motion from John I'll second it second from Connie Connie and then um we need a roll call vote council member Caron all council member d i council member Gilmore I mayor Hans I motion passes thank you for a good discussion you guys and thank you for all the information Christina we got our money's worth thank thank you believe me you guys got some good deals cuz you know we're working with other clients so you don't have to double right like them that is Handy Matt do you want me to unplug okay we still have more on our agenda believe it or not it consider awarding a quote for culbert repair project on Point Road Matt a little easier yeah yeah this might be easier than that last couple things I'm saying what do we want to do that after today's [Music] meeting oh is Simon presenting this I'm sorry it is Simon we can discuss it okay okay uh Madam mayor members of the council um as you You' read in the memorandum regarding the awarding the quote for the cul project on Point Road uh there is a collapse slight collapse inside of a 36in cul going underneath Point Road between the wet land to the north into what I believe is called Anderson Bay um there is flow however that Wetland area does rise pretty frequently when there's a flooding event so it is a mitigation um use the covert is used for mitigation of floods um so we set quotes um to have this repaired uh we we got two quotes um one was from Miller and the other was from drussell who actually just completed or is about to complete the project on 4th Avenue North um drussel did come in quite a bit lower um their lowest quote actually they were the lowest quote at 97,98 [Music] is to not replace the Culvert but to line it um Curr currently it's a steel curated Culvert um if you can Envision it's like a wavy U material um they would insert uh it's essentially a hardened rubberized plastic think of uh tube through it um that would be 30 in but it would be smooth so it would allow for the same amount of of flow um however they would have to dig back about approximately 20 ft on the south side of Point Road to where the coll collapse occurred and repair that section and then correct it or extend it out into the bay um the one concern that there was was a Bend inside of the Culvert that there's really kind of a lot of unknowns here um these Culvert or this this insert that we're considering using is pliable um but we don't know how uh it's going to react when it comes to a Bend we had a meeting this afternoon with uh John Bry with SE uh three um employees of dressle Contracting uh City administrative client and myself to discuss this um to essentially get a timeline established for when they'd like to begin this project and and ultimately came out of the meeting uh with more questions than answers okay um so what we've established is we are going to reach out to one more contact that we were able to come up with uh at this meeting to who has some um experience in this otherwise um not so not so used uh technique of installing inserts into calverts and then uh essentially filling around that void to to um create a a hardened surface for this tube insert to to connect to so um I I did reach out to them this afternoon I have not heard back um so really I think at this point in time um we do plan to correct this call this is at this point in time the best method that we've come up with with the price um we are still investigating I don't know how you really want to leave this Matt um we could uh leave it open-ended just as the as the council uh is aware and we can authoriz allow us to proceed with this quote should this be determined to be the best course of action after we vet vet it out yeah um with the contact that we were given but what if it's not if it's not then I think we would want to come back and discuss it at that point okay and would we still have time to fix it before like is the freezing of the ground an issue or anything it was brought to my attention today my my biggest concern was not allowing water to flow through and creating a bigger issue if there were a flood event so it's more in the spring that it sounds like water would have the ability to escape without cresting on Point Road on the east side of the property so the real concern would be the amount of pressure that would be built up against that road and what that might look like if that gave way we wouldn't have access to the homes on Point Road for emergency vehicles number one um but residents wouldn't have access to their homes and property either so this is essentially a uh maintenance item um that could have consequences if it weren't done um in a timely fashion I think for now I feel comfortable with the state that it's in but timing is of the essence as well it would be nice to get it done within a month which I believe is a doable timeline according to what the contract is hoping to start mid November it says lining is not a problem in temperatures it's yeah so Madame mayor there are other options that we did look through for this um there's companies who actually line like uh sewer lines who also indicated that that was a possibility here um so that's kind of what um Simon is talking about when there is one other option that we haven't explored from a company called viit um which was actually recommended by dressle so um whether it's a combination of dressle and them working together or just Viet working together um now no as far as temperatures the one company that we did talk to wasn't too worried about temperatures and in theory if it's slight what we don't want is too much Frost in the ground because we do have to do some digging so coming back in December if this doesn't work out I don't think is the end of the world so if we approve this tonight and then we determine here in the next couple of days that Fiat has a better option um that uh dressle didn't seem too worried about handing it over to them as as a Avenue to go and if they have a better option and it's still within this price is that okay can we write can we approve a motion that says it goes to whoever can do it within that price or how do we have to like up well I think ultimately Madam mayor just want to make it easy on you guys yeah I I suppose you you could do that um one of the big drawbacks of what dressle is proposing is that they they have a hardened material that they're going to send through a new pipe inside of an old pipe right and so what we're somewhat worried about is how hard they have to push on that and whether the other pipe is corroded and just about ready to cave in right whereas if we go with this liner route that possibly viit has is that that's a lot less intrusive of having to hammer it through that's essentially you roll it out essentially inside not a person but you essentially just run a string line through and then pull it back through and there's no real hammering it or anything like that and then that that uh liner just pretty much so you fill it with water it blows up it hardens on the outside and that's it and so it will be able because you said that the Culvert itself has kind of caved in at one point is that my understand it will push that no no matter going to be that no sorry no matter what that has to get repaired so if we're doing the where dressle is pushing a whole new line through that whole new line will just extend to where the old line is if we're going to line it then they're going to have to repair a about 20 or 25t section and then just line the whole thing yeah with the liner and do we have any sense based on the lining of sewers that lines that we've done in the past if the price is going to be twice this is in this ballpark that's a good question my guess is if there yes it probably be more expensive okay as I'm thinking we could probably kind of figure it out but but the question becomes because it's less intrusive is that the Rope we want to go there's a lot of unknowns because one we can't televise the current line which we would like to do right to see if there's anything because the one side coming from the Wetland is 3/4 full of water because it can't drain all out so that makes it hard to televise the line until they get that cleared out and then we're probably going to televise the line we might have more answers after that but I mean if it's something that you we need to reapproved can we just have three of us come in and reapproved like on a special vote meeting like if you need to have something in five days we do have that uh we have to do election certification well you have that's very true well you have we should have an answer by then is that we're coming in next week yeah next week right I we out table this then or you want to do this let's approve this okay um and then if we hear back from VI then we'll move that yeah okay so do you want the motion then to so is that weird to like we approve this to do it with dressel and then you is it okay for you to go oh never mind we're not going to do it even though we told you to I think the hesitancy here is one of those classic once you get into it how bad that's why I'm saying can't couldn't we wait until that special meeting to just approve whatever like when you have more information give us a better concept of what you think is going to happen instead of approving this now and then I I'm actually fine with that I don't know I kind of feel like let's just so it appeared so dressel's timeline for starting work was November 18th so that still Falls in line with that so yeah okay in yeah I think what day are we coming the 12th 12 the 13th 1 13th all right so you're good with that so yeah let table for now works and do we need a motion to table yes okay I'll make a motion to table um the quote for the cul at Point Road thanks second John all those in favor say I I anyone oppose say a motion passes thank you all right we are on to our Council liazon reports John did you have a man quick one um I'll be quick there's a couple Bayport related things the um good for the Sarah deil um for applying for a grant or a cost share for a native planting so that's a Bayport related thing that happened um in October so we do actually do stuff there and things happen that are positive um and then just there's continued work with for um the elementary school project which Matt probably knows maybe a little bit more about and then we got to pay up I think you probably got an email for our second half um how often do we pay because last time I went to a meeting they said we'd already paid twice a year I think there was a delay okay that's it thanks John y Connie I don't really have anything to report Jill did go to the her did her presentation in Rochester oh yeah she was presenting about the remodel that with Sarah Wagner and um they had a lot of good questions and she said the presentation went really well great and other than that we've kind of just been trying to up are we still short a lot we are that's what I was going to say we are short well or they were looking for a library board now I wasn't able to get a hold of her today to see if she has gotten any other names for but Wendy Robo well that's her made name Wendy we approved her and she will come to this next meeting so looking forward to meeting her but we still need one we still need one so anybody out there that's interested yeah so great what's going on at the cable commission Valley Access TV I believe we have a meeting later this month so I have to report oh okay um the thing that I learned about Valley access and I was talking to Jordan about it at one of the events that I went to is that they have been um told by the school district that they're no longer able to televise sporting events because the school district is going to monetize that from what I understand so we uh I knew something changed there I guess I didn't think yeah it's um it's kind of a big deal and I think that there's still some room for negotiation on that with the school district we hope so I told him to let us know if there's anything we can do as a city okay um I did have kind of a busy month um I was able to attend Eber glamour 75th anniversary mixer which is really nice saw a lot of familiar faces because we've worked with a lot a lot of people from Eber glamour including Christina she was there um I had my second leadership in the valley day um it was about agriculture and environment super interesting we went to bellwind Conservancy um where the only like it's only open to St Paul's schools right now like they have this agreement with them so you can't just wander in there and see it so that was kind of neat for us to go there they also did a tour of the Excel plan I've done two of those so I didn't participate in that especially since I had a foot issue and then uh we ended up at the legion and they taught us all kinds of there's a bunch of uh different nonprofits there um talking about environmental and other issues and then um Wally Reynolds the new Commander got up and talked about the legion so really it's going to be great so that was just the second one we've learned so much I was able to meet with some girl scouts right here at City Hall on October 10th some second creators and we completed their democracy badge so they learned a little bit about what a mayor and city council does um I attended the fire department relief association meeting their financials are exceeding benchmarks which is great so their Investments are doing well um decided to move some more cash into the Investments because they have more cash than they really need for on hand which was smart and they said they uh got about $1,200 in profit from the Derby Days event so thank you to everyone who bought hamburgers from them on Friday night at Derby Days um and then there was there's been a little discussion about whether the fire department calendar is the best fundraiser going forward because there's kind of a lot of expenses that go into creating that um I did the chamber 101 right here at our library because it was here at our library and I had a couple mentees that were going to go so that was uh kind of interesting to learn a little bit more about what chamber benefits are because I always forget all the things they get and then U Matt and I did toast and topics on October 16th where they invited all of the Mayers and City administrators from Bayport uh Oak Park Heights Lake Elmo and still water to sit on a panel and kind of talk about what what we've been up to what are the exciting things going on in our cities and then there's a time for some Q&A that was hosted by the chamber as well uh I got a chance to meet Jing the new liquor store owner so super nice um he's excited about expanding into the middle of that building um taking over some of that space that bread art used to have so he is waiting so he also owns a liquor store in Redwing and he is waiting for some more coolers and he said that's going to be another couple months at least so that he can expand and then he can lower prices is his plan because he can buy more B alcohol com in combination with the Redwing store too so very nice man lives in Oak Park Heights has two kids that go to Anderson so a a a connection locally too which is nice I also met Tara Woodland from uh Serenity Wellness which is in the former Froggies building very nice lady as well we spoke talked for about an hour I think um about kind of what she does and her plans and right now she's just she does oh I think it's called functional medicine I should probably have looked that up before I talked but she uh a very specific type of medicine and she was uh used to be like a nurse or or a nurse practitioner she had another medical license and now she's doing this and would love to like expand into some other um adjacent businesses within there like maybe have some massage or something but she has to go through City staff and make sure all that works right but yeah she's uh a super interesting business I also attended the Regional Council of Mayor meeting in Minneapolis on the 28th it was all about housing and how there's a deficit and options that cities can think about for reducing parking requirements and rethinking zoning and all kinds of things to make it more flexible to allow more housing um the I went to the Washington County board meeting and their reception for 175 years as a county and they did it at the historic courthouse so that was kind of a neat event um they had a little three minute video about the history of the county and Bayport had a little little uh part in that so there was good they had our welcome to Bayport sign in their video I also did a mayor presentation for the second grade classes at Anderson Elementary on October 30th brought the big code book so they could see what we do and answered a bunch of questions and again kind of similar to what I did with the Girl Scouts uh the same day I met with Michael Manor from vipec and he brought in some middle schoolers here to City Hall about they're doing something called the Synergy project and I just ran into him at Mabel's one time one day and he was telling me what he did and I'm like this sounds really interesting they're using Minecraft the online game you know they're using it to create local cities like they actually like recreating so like they have Bayport in Minecraft and they yeah and they're working on Lake Elmo too because they're trying to design the new school in Minecraft and so it was really interesting to hear how kids were thinking about that and things that they hadn't thought about in how to design school so we had a great conversation um so you know we talked about things like and they even did this they were they thought about well can we collect the water that runs off the building and use that to you know for water resources in the build you know just like really cool thing and doing the math and trying to calculate how much water they would collect and so really cool program and that was all um funded by the partnership plan I don't know if you know about that but so anyways just one of those sort of oneoff things that happened and but it was really helpful and that's where I learned about why they don't take the bus and it's H too chaotic so um also did Halloween at the old fire station with the Lions and the police department thank you so much to Jay and his staff and the department of corrections as well deserves a big thank you because we make them move their buses out and we uh take over the place and we had I'm guessing about at least 300 people came I would say maybe fewer you know were kids because they come with their parents but it was It was a well attended even though it was really really cold it was a nice little place to warm up and have hot chocolate and hot dogs and um I also had a nice chat with Wally Reynolds the owner of Mabel's and the commander at the legion he's got some ideas about increasing our visibility as a city in the winter um working with um a company that makes ice structures like mazes or all kinds of amazing cool like an ice bar I don't know so we're brainstorming about what we could maybe do which I thought was great that that he's thinking about that of course he wants it you know help his business too in the winter because ice cream and hopefully the coffee takes off a little more he's going to add the soups again this year um did a few ribbon cuttings as well uh a State Farm Agency that's in like Ardon Hills or something joined our chamber Wild River running a new running store downtown Still Water um and then uh the Anytime Fitness reopened up in valy Ridge that that place called Valley Ridge Mall yeah so and that is owned by The jerson Who live in bport so anyways lots of fun stuff in October for me how about staff is there much we need to cover in these reports since I took so much time and been a long meeting is there you guys you were here this whole time you should come up and talk right let's get our money I just uh the call volume for no November or October uh we were 101 compared to 93 in 2023 our year to date for 2024 is, 167 compared to 1028 you did a lot of calls in the last couple weeks of October yes we because it was 57 when you printed this on the 21st just the way it works and it went to 10 and what 101 wow okay um we got our new tender in it's in service now we put it in service fire prevention uh week went great uh nobody threw rocks at me this year which is always good we had our Minnesota state fire fire chiefs conference uh the pony football standby on a side note for that uh Teddy's heart uh they did raise enough money to put one of those 24hour 365 day aeds up at the high school now so they're going to install that oh so it's it's heated it's got uh White Hearts cell modem so if somebody takes it off it calls 911 so that's going to be good working with the school district to get that installed uh we had a participated and retired firefighter Jeff uh yo radkey celebration of life across the street here on a is that why the fire truck was out with the flag on okay I was like what's Oak Park Heights PD used our fire station for their uh EMR training for six hours or anniversaries Adam staffney six years Kyle Carlson 20 years Jake eisinger 20 years and Josh eisinger 23 years wow um then we've got big events coming up uh Santa escort we've worked with the bcal so we've got Mr and Mrs claw are going to make the rounds this year whoa oh with that I stand for any questions you got thanks for hanging in there because I always have to hang in here till the bit yes I know hope it's not too boring um and then you'll be there for the um lighting of the green too on December whatever the first Wednesday is fourth fth fourth all right you and Santa yes yes okay thank you Alan appreciate it police chief [Music] Jackson Madam mayor and Council I'll try be brief here since it's a late night for everybody uh the important stuff is uh wonderful event with Halloween uh thank the Lions Club again the partnership we got through the mayor last year and continued on this year hopefully it'll be one of those lasting ones um so really appreciate the volunteers that helped us there uh the big announcement I want to make is the uh Toys for Tots uh final drop off date will be December 12th locations are City Hall cyale um the bank and the library and then also the do does one up at the prison uh we will be getting out the um boxes probably second week of November um so that we have adequate time to get people to make some donations so right uh we have our scammer Trends and awareness class at the Bayport library on November 7th so this coming uh Thursday Thursday at 600 PM the first state bank is providing refreshments and also um some members of the bank are going to be there to answer questions for people as well uh following our presentation and then I did want to report it didn't make it into my uh administrator's report but our compliance for liquor um were completed and all businesses passed this year so that's good new that's good really good new and then again uh December 3rd officer lowski is being honored by the Min wild for community service and then we will also be present at the lighting of the Village Green and I will stand for questions well don't forget that officer leowski did some Girl Scout badge too yeah we kind of glanced over that one yeah first aid saving a little time cute I love how we're helping the Girl Scouts learn things yeah we try to make ourselves available as much as we can for all the local thank you Chief thank you yes I guess I should call him Jay because I called you Alan chief chief chief chief Public Works director worth Madam mayor members of the council um October just a quick reminder please don't blow your leaves into the streets um that would be the the one request that I would have from a public works perspective to the residents of Bayport um illegal right it is illegal it's illegal right yes if it's not it should be Oh I thought it was first state statute it's illegal it's illegal or in the creek there you go or in the creek people I when I used to live by the creek and neighbors Creek oh um quick highlights the street light poles along 95 were repainted I think they look they look nice pretty sharp um we're going to start putting back the brackets uh and things like that uh it's a lot as you can imagine we have new brackets and things like that we're going to put up uh we'll probably wait on the banners until we do the snowflakes just because that would be an appropriate time to do all of that sure in soad of having to take no we'll be in the air and saving our Knuckles uh Peril Creek at Peril Park if you haven't checked it out uh please do it Cooks looks really ni um pretty cool project uh 4th Avenue North Street project um pretty close to being finished um also looks great um they we are going to be doing striping as soon as it dries up and then we'll be reopening the road I know andison employees are very excited about that so I'm sure they'll appreciate it um safety signs and whatnot will be out of there by the end of the week so it will be like nothing happened hopefully um solar on public building and continues um little bit of a convoluted um situation we have going on with the state but it is progressing forward great um we have the updated memo of understanding is what I Now understand is what we just received here that the state wanted to officially lift the conditional approval and from what I understand we have full approval we can go into the contract negotiations with with the state but we also have to wait on the interconnection agreement from XL but it doesn't sound like that's going to be too big of an issue um the real Lynch pin was this recent mou which could have potentially killed the deal I guess at the last minute um so it's good we got that done and now we're just working feels good be done with that um the forthcoming steps um are contract negoti negotiation with the state um secing the interconnection agreement with Excel making a 15% down payment with Wolf River Electric and commencing construction they do have a site plan um completed so um okay everybody's ready to roll on that one just a reminder it's not actually on a public building it's going to be in the it will be on the ground open yeah Space by the fire the new Fire dep space north of the fire department behind the parking lot and do we pay ahead of time and then we get reimbursed by the Grant yes okay cuz you said we owe them money and I was like wait isn't it supposed to be free yeah okay sounds good thank you Simon I stand for questions any more oh all right thanks Madame mayor uh members of council I just got a couple of things just a reminder that elections are tomorrow from 7:00 a.m. to 8:00 p.m. at the fire hall not at City Hall um then a couple of other things a preliminary contract agreement with the police department officers has been completed uh it still needs review by a City attorney and then we'll be bringing that to the um City Council in December um still working on the public works one and then the um uh police sergeant and chief one and then finally um the street light and storm water utilities there will be a um workshop on the storm water utility at the December meeting to discuss um how well that will be implemented and potential pricing um associated with that with that I will stand for questions thank you could we also maybe do just like another like a budget check in on like how actuals came out related to what we expected sure okay at that Workshop or whatever just in general not related to utility these okay thank you does anyone have any other announcements I want to just encourage everyone to come to the we're zooming in on Christina's paperwork um encourage everyone to um go to the scam presentation that the PDS put a lot of time into and um it's going to be super interesting because the stories are about Bayport people that live you know in our community that are coming across these scams and getting fooled by them and all of that so I think it's going to be super interesting and it's great that the bank is partnering with us on this because obviously they're impacted a lot and I know they do go through trainings and so have to like be aware of what to look for when they have their customers come in and I think that's going to be great so that's six o'clock on Thursday at the library please come Banks providing Refreshments it'll be really interesting and then lighting of the green December 4th at o clock usually too right I can't remember I can't remember but anyways put it on your calendar you'll see us there at the the green hard to miss is there anything else that we're forgetting no great that motion to adjourn so moved thanks John I'll second it thanks Connie like where Ethan you're sleeping all those in favor I anyone post all right motion passes we are done