##VIDEO ID:Fxwfi5c4t20## e e good evening it's now 6:30 and I call to order the regular meeting of the Victoria city council please join us in the Pledge of Allegiance I pledge allegiance to the fled of the United States of America and to the Republic for it stands one nation under God indivisible with liy and justice for all the first item on our agenda this evening is announcements our next city council Workshop will be held on October 23rd 2024 at 5:30 pm. for an update on the various Transportation projects planned for Victoria including Highway 5 if you're not able to attend or watch the October 23rd Council Workshop join us for our next donuts in Victoria event on October 16th where our city engineer will give an update on Transportation projects planned and happening in Victoria Donuts in Victoria is held at the Victoria Recreation Center on October 16th at 9:00 a.m. in other news there's still time to visit the Victoria Fire Department's Community open house event tonight which goes on until 800 pm at the Victoria fire station and that is the only announcements this evening I do have a proclamation that I will read from the desk Proclamation 202 24-8 is a pro proclamation to recognize October 6th through 12th as Fire Prevention Week whereas the city of Victoria is committed to the Safety and Security of all those living in and visiting Victoria and whereas fire is a serious Public Safety concern both locally and nationally and homes are the locations where people are at greatest risk from fire and whereas the Victoria Fire Department responded to 438 calls for service in 20123 and whereas the economic loss due to fire in Victoria was estimated to be at $ 6,760 in 2023 and whereas smoke alarms sense smoke well before you can and alert you to fire in which you may have as little as 2 minutes to escape safely and whereas working smoke alarms CAU cut the risk of dying in Home Fires in half and residents should be sure everyone in the home understands the sounds of the alarms and knows how to respond whereas residents who have planned and practiced a home fire escape are more prepared and will likely therefore be more likely to survive a fire and whereas residents should make sure their smoke and seal alarms have been tested are operating correctly and meet the needs of all their family members including those with sensory or physical disabilities and whereas First Responders are dedicated to reducing the occurrence of Home Fires and home fire injuries through prevention and protection education residents are responsive to public education met measures are better able to take personal steps to increase their safety from fire especially in their homes the 2024 Fire Prevention Week theme smoke alarms make them work for you is important to learn the different sounds of smoke and carbon monoxide alarms now therefore I mayor Deb McMillan of the city of Victoria do hereby Proclaim October 6th through 12th as fire prevention week and and urge all the citizens of Victoria to support the many public safety activities and efforts the Victoria fire department and other Emergency Services service organizations the next order of business is to adopt the final agenda Council can I get a motion to adopt the final agenda motion to adopt the final agenda and a second second we have a motion and a second all in favor signify by saying I I any opposed motion carries the next item on our agenda this evening is open Forum this is the opportunity for anyone in the audience to address the Council on an item that is not on the the agenda and not in application form that will be coming to the council at a future date is there anyone in the audience who would like to address the Council on an item that is not on the agenda and not in an application form that will be coming to the council at a future date seeing none next is our consent agenda items on the consent agenda are routine administrative and do not require deliberation or housekeeping items required by law consent agenda items are approved with one vote unless someone requests an item to be considered separately Miss Hardy does staff wish to pull any consent agenda items to be considered for a separate discussion and vote none from staff Madame mayor any members of the council wishing to pull something from the consent agenda I think 5.1 5.1 council member Gunderson and anyone in the audience who would like an item pulled for separate discussion and vote seeing none clerk please let the record reflect that item 5.1 has been pulled for further discussion Council can I get a motion for the balance of the consent agenda please motion to adopt the balance of the consent agenda second we have a motion and a second all in favor signify by saying I I I any opposed motion carries now on to item 5.1 which was removed from the consent agenda for separate discussion and vote council member Gunderson please I removed it we had a want a clarification uh we had a request to remove a letter from a resident uh would we need distrib it from the minutes too um I'm take it complet mayor members of the council so there there is I'm going to start and the City attorney can correct me if I'm wrong but um so the permanent retention of our agenda packet that letter will be part of that permanent file um it just will not be available via the website unless somebody specifically requests it then then we will provide it um and it will be part of the permanent record it just won't be able to be viewed online so can we has that been done or do we need to vot to act on that council member Gunderson mayor members of the council yes that has been done um we were able to make that private meaning that we can still see it it is still part of the agenda packet it just isn't able to be viewed by the public unless it's specifically requested okay very good uh that's it attorney V anything to add to that no I just uh council member Gunderson I'm not I'm looking at the minutes I hadn't looked at them before the meeting I'm not sure what I I'm not finding what they say about the letter but you know the minutes of course just have to reflect what happened at the meeting and I didn't know if the letter got inserted into that as well as a part of that process I wouldn't think that it would have gotten inserted as a separate document in the minutes it's probably just referred to so um so yeah so I I doubt that the minutes need correcting but I guess I'd leave that to you if you wanted to propose something so thank you mayor members of the council just a clarification the letter the request for the letter to be removed um from the um from online came after the meeting so there was not Council Direction at the meeting so the the minutes would not reflect that that direction just clarification for anybody in the public um listening to us um this evening so okay very good council member Gunderson anything else all right then I will entertain a motion to approve the regular minut of the September 9th 2024 meeting as submitted motion we have a motion can I get a second second we have a motion in a second all in favor signify by saying I I I any opposed motion carries now moving on to the regular agenda first item on the agenda this evening is item 6.1 which is our preliminary 2025 tax levy and general fund budget kicking us off this SE this evening this evening is assistant city manager and finance director Trisha poock Miss poock welcome thank you mayor good evening mayor members of the council um tonight we are in our fourth um meeting for the 2025 budget process where we will adopt the max tax levy so just to do a kind of a overview of what we where we've been and where we are now um currently the general fund budget includes 2 7 million in transfers to Capital funds and 6.8 million in operating expenditures in order to achieve a balanced budget and maintain a fund balance of at least 30% of the following Year's operating expenditures at year end 9.5 million in revenues are needed and $992,000 um increase in ass unassigned fund balance looking at at the general fund budget in more detail on the revenue side we have 8 million in taxes and franchise fee revenues those franchise fees are for cable so not the electric and the gas um which we reviewed at the last um month's Workshop the remaining 1.5 million comes from licenses permits charges for services and other revenues um which also include interest earnings the expenditure breakdown is is uh General government uh 2.8 million Public Safety about 2.1 Public Works just over a million and parks and recck at 881 th000 um and then again the capital uh fund transfers of 2.6 million Max tax slevy is 12.47% higher than in 2024 this did not change from our last Workshop uh the tax capacity rate is about 30. 37% Which is 1.94% higher than 2024 and the breakdown of the $9 million Levy would be 1 million for Debt Service and the other 8 million is general fund Levy the net tax capacity is about 4.1 % higher than in 2024 and the median home value actually went down uh slightly about a 3/4 of a percent tax on the median value home will be about $1,687 annually and the yearend population is expected to increase about 35% um which results in a tax uh per capita of $717 approximately looking at the long-term financial plan over the next 10 years we're projecting a tax capacity rate um to be between 30 and 39% um and we would also be able to maintain that 30% unassigned fund balance um 30% is the follow of the following Year's operating expenditures we anticipate A continuing uh in growth in population and the number of households so we're looking at about 12,590 um estimated population next year um and then adding up to sixou about 16,000 in 2034 does council have any questions or comments for staff okay Council this is uh uh to certify our Max tax levy the levy cannot go any higher than this it can't come down but it cannot go up so any questions for Trish and her team all right seeing none so the next step would be um staff um to ask Council to approve two resolutions very good Council um any more discussion seeing none I will entertain the first motion motion for a resolution approving a preliminary tax levy for the city of Victoria for collection in 2025 in the amount of 9 milon 34327 we have a motion can I get a second second we have a motion and a second all in favor signify by saying I I any opposed motion carries I will entertain a second motion please motion for a resolution approving a preliminary 2025 budget for the general fund we have a motion can I get a second second have a motion in a second all in favor signify by saying I I I any opposed motion carries next item is item 6.2 which is the final plat and PUD also known as a planned unit development for Victoria Ridge residential development project for the Public's benefit Victoria Ridge was previously referred to as Victoria South and has been renamed so city planner Mr Brian mccan will present this item Mr mccan the floor is yours when you are ready thank you mayor and council members uh we did review this at the last meeting on September 9th uh but it was tabled to the next meeting so this may be new to a few council members this evening but it'll be familiar to the two that were in attendance at the last meeting as you're aware our final plat process is where we look at the final details of a development and where we look at uh finalizing a development agreement so for this specific development for its location and existing conditions it's located south of the marsh Hollow development and the railroad in our South growth area it's adjacent to County Road 11 it's currently a vacant Farmstead with Fields some Wetlands to the West with a portion of West chest Creek to the north uh they did have some structures that were demolished and removed as shown in the latest aial so for this phase it's the first of a plan three-phase development it currently has an agricultural zoning after receiving annexation from Lake toown Township the applicant tonight is requesting a planned unit development with underlying R4 high density residential they're proposing 70 town home units with a clubhouse as well as some outlots for wetlands and future phases of development their net density comes out at about 92 units per acre uh you may realize that's lower than our guided 12 to 36 units per acre since this is a phase development with an anticipated apartment building for the second phase uh the comprehensive plan amendment is not required per the me council's guidance as you're aware our plann unit development process involves getting input at sketch plat where we finalize the details at preliminary plat and then the ordinance is adopted at final plat this evening here are a list of standards that were included in your packet that the applicant is proposing to deviate from and development and is also included in the ordinance and the packet for you this evening our landscaping and tree preservation requirements they are meeting most of these standards they are meeting the minimum 25% open space required for the development they're also planting 263 trees and shrubs throughout the development and meeting the spacing requirements along city streets for Boulevard trees they also have two 40ft buffers that they've provided on the plan adjacent to County Road 11 uh part part of the deviation for that is a 2:1 unmaintained slope compared to our required 3:1 slope uh they do need to provide renderings as well for foundation plantings around the apartment building and the town homes but they are proposing 29% removal of the trees existing on the site which means they have to provide 47 trees uh as you can see they're already providing 263 so they're meeting that requirement regarding the parking and pedestrian connections they're meeting the minimum requirements with two spaces per town home unit with at least one and a half of those enclosed throughout the development uh and then the parking deviation is part of the ordinances evening for the apartment building they're required to have two spaces per unit with one of them being enclosed uh the deviation is for those enclosed units they're asking for a slight reduction in the number of enclosed parking stalls bringing them down to 1.89 spaces per unit they're also providing Trail connections along the collector Road and along County Road 11 on the east side of the development with future improvements to that road for Park dedication for this phase specifically it would be 1.86 Acres or $196,000 uh we are expecting a blend of land with Trail dedications and uh fees they are not proposing a park with this development although they do have some private open space areas for the residents for the access and streets as I mentioned they'll be coming from County Road 11 with a collector road that will extend down to the South to the Future uh commercial and flex employment areas they are proposing a private 65- ft wide Corridor private loop with private drives to access the town homes from uh County Road improvements aren't anticipated until 2028 actually not 2027 but the city and the developer are exploring an agreement to conduct these improvements prior to the County's reconstruction schedule the site utilities are proposed to come from the marsh Hollow development to the north under the railroad tracks uh one condition of the preliminary plat for this development was that welln numbered six must be completed and permitted um we're not quite there yet it hasn't been permitted by the DNR yet so we are revising the condition in your packet uh it's well number six must be completed and permitted for pumping prior to installation of sad in the development then for storm water management they have to abide by the rules of the ccwo including uh Wetland impact subject to their rules uh buffers need to be pled as out lots and the pond access must meet our standards so here are the revised standards based on what they've submitted since the September 9th meeting there are still a few items that staff has to work through with the developer but they have provided some title work and a traffic memo which was included with your case this evening which has been reviewed by Carver County and we've received those comments and passed them on to the developer our planing commission did review this at their September 3rd meeting and held a public hearing we did not receive any comments from the public at that meeting and they recommended a 5 vote for approval here are the conditions that were included with your packet uh the new ones from the last meeting based on their resubmittals are in highlighted in green for those of you who are at the September 9th meeting uh including compliance with with Carver County's comments for the traffic impact analysis uh entering into an agreement for the utility extension with the railroad and then compliance with the city attorney's review of the maint maintenance obligations that were provided by the developer so with that I have three sample motions for you on the screen this evening uh each one to adopt table or deny each request staff can stand for questions uh a representative of the development is in the audience tonight and another one is joining remotely as well all right very good um Council we have three motions to consider this evening which were tabled from our September 9th meeting uh because we need uh requires four fifths of the council so we all have to uh agree to this so Council let's talk about questions comments for Mr mccan or any of the the developers anything from Council I have a couple things yeah Roberts please can you go back to the slide about parking uh I just want to clarify so it says two spaces are required with one of them being enclosed and then it says deviation to 1.89 with a reduction so 1.89 would be the two Rec right you're reducing the two to 1.89 but I thought you said or it says here reduction in enclosed parking too so that would be below one is that correct as well uh mayoring council member Roberts essentially yes uh to highlight here they're meeting all of the surface parking requirements so they're meeting the minimum number for that they're just asking for a reduction in the enclosed underground parking proposed with the apartment building okay um and then about Highway 11 upgrades there's some negotiation about like when that so would that be similar to hunterbrook potentially like where that stretch like they potentially would take care of that stretch there if if that's figured out I guess correct yeah we're talking with them and uh the developer of the adjacent site to the South because the County Road 11 improvements are necessary for both of those projects and they're on a similar uh time schedule here so we're working through that with some guidance from the city attorney and how to work that into the development agreements okay um and then my last question just is so this is phase one right did you say four right or three okay um is there plans for a park in the other phases potentially or um I guess my concern would be right like we're getting far farther out um there's not really much over there I know like there's some parks in other neighborhoods over there um but we've got the train tracks that are in the way so I guess um you know just thinking about people living in this area um you know I know the council can constantly do we talk about right do we want a bigger Park out there somewhere but it's hard to that's in the future and we don't really know what's going on there but we do know this development is coming in and so I do have concerns about uh you know not an easily accessible Park um for a a lot of families here with these being Town Homes um you know probably young families and such so um yeah that's all I have for now all right Mr mccam please yes mayor and council member Roberts um when this development went through the preliminary plat process where most of their entitlements are granted to move forward with the final plat and the final development of details it gets a little more difficult to include a city park once they have prepared and finalized plans for all of this development without a park um I believe this was discussed at the preliminary plat phase but just to the north on County Road 11 not too far away is the hunterbrook park um that the community could easily access and there is also a park being planned in the marsh Hollow development so uh two parks are closely available for this development but none are planned with this development specifically and can you remind me CU is there right with the railroad tracks there will there be a trail connection with between those two yes mind me okay how does how is that looking is that in over the tracks under the along the road okay thank you all right that's all I have okay Council other questions comments okay very good um on that note uh we are considering three different OT three different motions for approval or denial uh Mr mccan would you please walk us through each of those again yes absolutely so the first motion would be to adopt table or deny the resolution approving the preliminary plat or the final plat excuse me uh the second motion would be for the ordinance for rezoning and then the third motion would be to to approve the summary publication of that ordinance okay very good um with that Council I will entertain a motion uh do we need to rename it if we call it if we're calling it something different oh it's good point yes that's a good point uh yes I would change your motion for that to be Victoria Ridge and not Victoria South very good thank you nice catch council member genderson with that would you make a motion please motion to adopt the resolution approving the final glad for Victoria Ridge we have a motion can I get a second second we have a motion and a second all in favor signify by saying I I I any opposed motion carries um consider another motion please a motion to adopt the ordinance approving rezoning from agricultural to planned unit development PUD for the Victoria Ridge residential development we have a motion can I get a second second we have a motion and a second all in favor signify by saying I I I any opposed motion carries and the third and final motion please motion to adopt the resolution approving uh summary publication of the ordinance very good we have a motion can I get a second second have a motion and a second all in favor signify by saying I I I any opposed motion carries moving on next item 6.3 which is an overview of the Metropolitan Council imagine 2050 proposed land use policies leading our discussion this evening community and economic development director Jen Brewington along with Bolton and mink planning consultant Jenny Falkner Miss Falkner Miss Brewington welcome hello thank you thank you thank you good evening Council mayor all right so tonight we're going to give you some information about the Metropolitan Council 2050 um imagine plan so the reason why we're here is communities within the Metropolitan Council region are legally required to update their comprehensive plan every 10 years before each update cycle the Met Council releases new policies that plans must align with recently the Met Council has introduced the draft policies for the imagined 2050 plan which is currently in a public comment phase before its final adoption there are five draft policy plans consisting of Transportation Parks land use water and housing and staff have prioritized the review of the land use policy and those key changes for Victoria are increased in required minimum density for sewered areas from 3 to four units per acre more critical review of sewer expansion in un sewered areas and requirements to inventory greenhouse gas emissions and we'll go through these a little bit further throughout the presentation the imagin 2050 timeline started with research and writing from 2022 to Mid 2024 during this time communities give input which continues until 2025 draft policies are created between late 2023 and mid 2024 then revised and finalized by 2025 in 2025 there is a public comment period in the final policies are adopted and put into action between 2025 and 2026 so the me Council sets guidelines through Community designations and Regional land use policies Victoria is classified as a Suburban Edge Community which is located on the outskirts of the Metropolitan urban service area known as the Musa and mainly developed after the 19 90s Musa is a designated area within a metropolitan region where Urban services such as sewer water infrastructure are planned uh to be provided by Regional authorities the purpose of the Musa is to manage and control Urban growth by ensuring that services are concentrated in areas that can support higher density development preventing urban sprawl this is a visual of community designations Regional land use policies are built around the shared features of different areas so these features shape the community designations which are based on key factors that guide the growth and support future development within the region to achieve these Regional goals established in the imagined 2050 plan the Met Council identifies eight land use objectives with Associated land use policies and actions for both local government and the Met Council to implement in the staff report I did summarize these with objectives key policies and actions and tonight we're going to dig a little bit deeper into what that means for the of Victoria all right so objective one action two this explains the Met Council will review requests from municipalities already connected to Regional Wastewater systems when they seek to expand services to new areas this evaluation may include a lookback provision which considers the municipality's past performance in meeting density goals the lookback could influence decisions about future density and the Musa extensions there is also a discussion about applying the back provision more broadly to density requirements staff is currently seeking clarification on how this process would be applied and what impacts this may have all right this is the big one for Victoria the overall Community density requirement for Suburban Edge communities will increase from three units I'm sorry from three to four units per acre which will likely require the change to our future land use maps and plans and however the communities are still allowed to average density across the entire area area currently Victoria's comprehensive plan sets a city-wide density at 3.47 units per acre this means that adjustments will be necessary to meet new targets okay back that up a second yep here we go okay so we currently say 3.47 and that applies to everything within our boundary so we can get to that by having some apartment buildings some multif family homes homes some single family homes and then some larger Lots single family lots we can get there what they're saying is you will now have to get to four and will this averaging still be allowed yes yes okay all right carry on all right and there's some possible strategies to achieve what we just discussed to get more the four units per acre so one could be to increase density of one or more future land use categories so increasing minimum density within certain categories means allowing or require more housing units per acre in those areas excuse me a second I does so we have a lot of Marshland here is Marshland counted towards those Acres no it is not it's buildable Acres okay Madam May it's Exempted from the calculation land and Shoreland and flood okay it's kind of taken out from culation okay storm water ponds and HOA areas are not so the more storm water Pond areas and HOA area you have the more housing units you're going to need throughout the city because those are noted out okay okay another strategy could be to increase the Acres dedicated to higher density future land use categories so allocating more land to higher density housing like Apartments town homes or multif family unit um another one could be to reduce the Acres dedicated to low density future land use categories so cutting down the amount of land designated for low density development such as single family homes and those larger lots to side yard setback is going to be affected here's an example of a change from four units per acre so developments like Whispering Hills in Lake Town um so this would increase the dense the The increased density could yes be smaller lot sizes um potential strain on infrastructure increased traffic and then just changes to the overall aesthetic and character of the neighborhoods so these impacts will need to be considered as we do our future planning all right next one so action three has a lot of subactions within this which will impact the Met Council review of our comp plan and administration of comp plan amendments so communities need to develop long-term strategies to achieve specific iic density goals for each decade the Met Council will assess whether proposed changes to city or Regional comprehensive plans are realistically achievable and the Met council is adopting a programmatic and performance-based approach to how density requirements are applied now this can mean that instead of rigged rules they will Implement tailored programs and assess projects based on how well they meet key objectives such as affortable housing infrastructure capacity and environmental goals we have not seen however in detail with this D um in the land use policy that provides any insight on how these actions will actually be administered Action Four focuses focuses on ensuring City allocates enough land at a minimum density to meet its shared Regional future affordable housing need the city will be given a system statement that provides us a number of units required for affordable housing the minimum has increase from 8 units per acre to 10 I do want to note that the city of Victoria may not qualify for any of the affordable housing resources and programs that are currently in existent and that could be due to just our economic status um access to Transit so there's a lot of things that would prohibit us from actually capturing some of those dollars the next one action six this action means that zoning and land use policies in residential areas should permit a mix of housing types rather than limiting the area to only one kind of housing so just like single family homes so for example within single residential zon there could be single family homes Town Homes duplexes and even smaller apartment buildings by diversifying housing options communities can better meet the needs of different populations groups such as young families seniors lower income households and we have briefly discussed having adus within the community um if allowed this could be a way that we could allow and permit them within the city of Victoria an example here on the screen would be um the marsho development there's different types of housing within this area so this would be a good example of that one the next one um objective two this focuses on maximizing growth in areas well served by Transit bicycle and pedestrian infrastructure developments should be concentrated near Transit hubs and corridors like bus or train stations to make public transportation more accessible and to reduce car dependency although we are not immediately adjacent to Transit hubs we do strongly support these initiatives uh we are also investing in pedestrian overpasses underpass on Highway 5 and Rolling Acres Road while our commercial and Industrial growth areas are located along the highways additionally we continue to prioritize pedestrian friendly developments in all of our new projects so for example we've got the PED over pass and the mine Creek under pass which are examples that we um use to connect our pedestrians to the rest of our community objective three this emphasizes the importance of Community Connection safety and accessibility ensuring that residents have opportunities to gather access services and meet daily needs close to home we have developments that have created a central Green Space encouraging Community Gathering enhancing walkability not only within the development itself but also providing easy pedestrian access to Future adjacent commercial areas Council has discussed previously wanting more pocket neighborhoods um basically those small clusters of homes that are typically centered around a shared Green Space um this might be something that will be impacted with these new policies in place so for example we've got two developments where we focus on a central green so Victoria Ridge and then the downtown west project objective four this highlights the importance of prioritizing land use and development activities that protect restore enhance natural systems at all scales in 2025 a key priority will be advancing the vision for our Western growth area and we have begun discussing conservation Cor is Concepts that would really Safeguard our natural habitats and lakes while providing more of a Scenic and natural connection between Highway 5 and the southern growth area staff believes that this objective is already being taken into account with all of our new developments that have been proposed objective five aims to provide housing opportunities that meet the diverse needs of all communities it emphasizes the need for inclusive housing policies to overcome and affect discri discriminatory practices we already have a strong example of a mixed income housing uh development the aelite uh Community however funding these projects remain a challenge for all communities just like I had mentioned before with those dollars that aren't really accessible to us at the moment an example of that aelite that I just discussed and objective six as the regional planning moves forward it's essential not only to recognize the historical wrongs in land use policies but also to collaborate with communities most affected by past discrimin ation working together to create a more e future city staff have reviewed these policies and found no concerns regarding compliance within Victoria's current planning framework objective seven this objective focuses on implementing land use and de development practices that reduce greenhouse gas emissions promote climate adaptation and create resilient communities a greenhouse gas inventory will be required this is a detailed report of gases that contribute to Global forming either released into or absorbed from the atmosphere in a specific area like a city or over a set period typically one year it identifies the source of these gases and measures how much is emitted giving a clear picture of how human activities impact climate change and it is unclear what this inventory will need to cover what the scope of the review will be and what format is actually desired all right objective eight this emphasizes improving economic health of the T cities by addressing racial inqu inequalities in supporting inclusive growth the goal is to revitalize neglected areas develop job skills support sustainable Industries remove barriers from underserved communities and encourage small businesses and Entrepreneurship in marginalized areas I wanted to show um something that the Met Council provided for us so the city of Victoria is projected to experience significant growth between 2020 and 2050 and population is expected to nearly double so on the screen you can see here where um our population is forecasted for 2050 along with this the number of households is anticipated to grow adding 3,985 new households and employment opportunities are also set to rise with an additional 1,467 jobs this chart visualizes the projected growth in population household and employment in the city of Victoria from 2020 to 25 under two planning scenarios the Thrive 2040 plan and the Imagine 2050 plan the Imagine 2050 scenario predicts a higher growth across all three areas compared to the Thrive 240 plan and Next Step so the public comment period on the draft policy plans and Community forecasts will end October 7th 2024 following this the imagined 2050 plan will be adopted in January 2025 by September of 2025 system statements will be be released allowing communities to begin drafting their 2050 comprehensive plans over the course of 2026 and 2027 these comp plans are support comps are supporting plans we finalized and adopted and then finally the deadline for submitting these plans to the Met council is December 2028 so a lot of dates coming up here and that is the end of that but staff is here for any questions and discussions and I did put some um prompt discussion points up here on the screen screen to kind of go through the information that was just thrown at you real quickly here um but again this is a very large document there's a lot of objectives but we are focusing on the land use Obed that are going to impact Victoria very good thank you so much Jen um first and foremost thank you for taking that big fat document and boiling it down into something that we can digest as a council and and consider the some of these um policy questions um should we not meet the objectives they've outlined um what's the blowback do we do they withhold Water and Sewer act talk about that a little bit what's the mayor members of the council pleas the tools that we're seeing and experiencing today in other communities is withholding a sewer permits for projects that don't meet minimum density they can also withhold funding if you were to apply for grants for them and certainly um I think in the past they've used point system if you've met this for other funding transportation funding affordable housing funding so not one to one but there is a correlation there at least historically okay and then talk through the look back provision a little bit I'm a little concerned about you know once once stuff is already built and and you're moving along and you're on to the next thing what talk about that a little mayor um members of the council in my discussions um with various met Council folks working also with other communities the Met Council staff does not have a clear answer on this um they know that there are communities today that have not met their goals from the last comp plan they've pushed their higher densities to the end of the 2040 planning cycle they're not there yet so they're concerned that they're not doing what they said they would or meeting their fair share I'll call it so they're trying to figure out a way how to hold those communities more accountable it is a political hot potato to your point mayor how do you go back and um hold a city accountable for future development for something that happened when you may not have even been elected it happened 10 years ago that is why um communities need to comment and send your comments to the Met Council how far is the look back period what are the implications to you as communities and perhaps in your view it doesn't seem fair right so very good point I wish I had answers but I have the same questions that you do mayor yes I can can't I'm biting my tongue but I've I've given up bite my council member v i very you have just two comments uh and this is probably um uh T taking it Taking that the points made by staff already uh and maybe just putting the the lawyer spin on them asked your question may about um what if we don't meet the goals of the Met Council my initial thought was I could interpret that question two ways one is what if you failed to meet the the Met council's plan planning goals in your own comp plan update and of course there is a comp plan creation and review by met Council process and so that gets Meed out uh a city that is not meeting the Met council's view of its goals and how that City must meet them there is a process for a city that isn't doing that in its comp plan update um and it's a it's an inter of process where they get to comment back to you about the ways in which they believe your plan does doesn't comply with their overarching plan and changes can be made and that's a staff intensive process and you've all you've all had some experience seeing that go on and we're sort of preparing for it now the other way your question though could be interpreted is What if after that's occurred we have a comp plan now we have a comp plan that is passed met Council approval and it's in place we now have projects that the me Council believes are not meeting its goals well of course that means that the me council is saying that your particular project isn't meeting your own comp plan right because you've now got a comp plan in place that the Met Council has approved and so for a particular project to not meet the Met council's goals they have to be saying you're not meeting your own comp plan and so I agree with the point made that it appears that the mech council is using the withholding of sewer permits or they have done that in some cases that we're familiar with it's not really clear yet to me legally how that's going to work going forward because that is the Met Council saying you are not properly applying your own comp plan to this project and there's not statutory Authority for the the Met Council to say if we disagree with you City about the way you're interpreting your comp plan we can at the Met Council level withhold permits that's something that I'm going to get to need to be more educated on if that's really the Met council's view I'm going to have to understand legally how they can be taking that view because I'm not it's not clear to me they can take that view so a lot of words there I know but I wanted to drill down on your question which I think has two two ways of being viewed yeah I I feel like this this whole thing is fraught with problems questions things that can't really be we can't be held accountable for um just a lot of concerns around the expectations that are being placed on communities um and asking us to take a look at what might be happening in 30 years from now it's just a little bit crazy in my mind um um okay Council other questions comments thoughts yeah council member Gunderson please uh you mentioned talked about upping from 8 to 10 affordable unit and then said in the same breath that it said we can't qualify for current things I flash to modernday Shanty towns if that's the only if we're not qualifying for any dollars to help build affordable housing because land out here is at a premium to be able to put anything that's affordable our developers are slashing I mean there's they're slashing product they're they're barely building it'll take forever to build because they're not putting the labor behind it how can we leverage that to say we want to build this but you're not allowing us to qualify for any of the dollars that are required that other communities are getting and we are probably a net exporter of tax dollars into other communities so is there leverage for us to be able to get some of these opportunities yeah that are available Miss hard please thank you Madame mayor council member Gunderson members of the council yes excellent point um I I just think it would be helpful for the council and then our residents to understand that this is also something that we have taken very seriously as you all know um for the work that we're doing on down uh with downtown west we have applied for met Council funding um for different grants to help offset those costs to meet some of the um affordable housing goals of our community um and it is very difficult for us to compete um for those funds because we don't have uh Transit here um and because of the higher incomes and the higher um tax capacities that or the um Market values that we have here so it becomes very difficult for us to actually compete for those funds um we have provided official on the record feedback to the m Council over the the last several years about that um other communities that um suburban and Suburban Edge communities have provided similar feedback um I think two years ago now um right around that ballpark time the mat council did change um kind of their formula and their weights a as it relates to um the competitiveness and how they score weight um some of these items to make it more competitive for suburban and Suburban Edge communities um however we've not benefited from those changes yet and then I did want to note that just this year um we were on the record with Matt Council about um our ongoing concerns about we want we've been actively seeking these projects we have been um applying for grant funding it's not that we don't want more affordable housing in the community it just becomes very difficult for us um to compete in the Financial realm um out in the Suburban Edge communities for that funding but it is not because we're not trying or we don't see a need we do have and share the need as other um as other communities in in the Metro and in the state are also experiencing so just wanted to make sure you are all aware of those conversations that have been having saying that we're being held we have to have this like it's say we have to have affordable housing right is that how I'm reading that going from eight to 10 how are we reading that yeah well but if hang on a second let's uh Miss Falkner thank you uh Madame mayor members of the council you have to provide the opportunity for affordable housing so you have to have land guided presumably at a higher density means it's more affordable um so far stuff we've read like and historically cities have not been held directly accountable for that for the reasons that have been stated but I believe there will be be more pressure to do more than you're doing now and as much as you can coming short of saying V sh do this it's all the tools and what you can what you can do to get there without the mandating I mean if we're never going to be able to get any of the we're not going to be able to compete how can we build it and that's this is spinning in circles here and I I wish the Met Council I wish the Met Council would figure that out we're just spinning in circles saying that we're going to do something that we're never going to do or we're never going to have the ability to do we're never going to have the ability so separate but related I know that the state legislature spent a whole bunch of money on affordable housing projects um I don't know if staff has had an opportunity to take a look at the requirements of those funds yet or if they've become available does does anybody can anybody comment even on that in my opinion mayor and members of the council just say there's more tools coming your way with the sales tax um dollars to be used for affordable housing that goes to every Community as far as I know some portions so you will be getting money to spend on this effort I don't know the dollar amount um Miss Hardy probably does but that's a great new brand new tool yeah okay Miss Hardy thank you mayor members of the council yeah great great question um we've actually Jen and I and Brian have been having some conversations with um the County CDA um who are our experts in in in um affordable housing as they they deal with that on a more regular basis and so they have a better understanding of the tools and have that expertise in house so we've been working very closely with them um to really understand there was a lot to unpack from legislative session there were a lot of unknowns about how how those tools would be distributed how we could use them there's um some timelines associated with it so um we're not we are not getting a lot of money in the sense of sense that it won't be enough for us to actually fund a big portion of a uh large l a significant portion of a project I think we're talking um a couple hundred, um at most do you recall Jen I'm looking at Jen or Brian do you either of you it was very little okay a couple $100,000 doesn't even and I don't know if it was even that much so we can Circle back and get the right number but when we as I understand it we have three years to use the fund so each year we'll get our distribution and then there are certain steps that we need to take to commit those dollars to a very specific project so you you're not my understanding is you're not able to throw it in um a fund and wait for you have to actually dedicate it to a specific project and then you have three years to make that happen um and if you don't utilize it within the criteria that is set out for the use of those funds and you don't use it within that time period you have to give it back to the state so um while we are going to have some tools it will be very difficult for us to apply that in a meaningful way and so we're still trying to learn what does that mean for us how will that help us um be able to contribute um to any developer who's looking to bring a more affordable project here to our community all right thank you I don't want to get down that rabbit hole but to council member gunderson's point now we're spinning in circles again um you know we've got money we can't use for anything meaningful can't we can't put it in a fund to use it for something it's it's crazy all right uh Council yeah council member right can we go back to the can we go back to the dates slide on like the public comment and all that right there yeah okay so Public's already ending in a couple weeks and there's no that's that's it for public comment completely on the okay that's so I I guess you've got two weeks for for any public comment on any of this after that I mean so I'm just wondering the best approach right when How likely are they to change right like do we see very right they may take comment but do they just throw them away basically or do they actually take comments and say you know what that's a good point I'm gonna you know make a tweak here there because it doesn't seem like that happens very often what it doesn't say take and utilize it right right just as we take comments Miss brington Miss Falkner any comments or thoughts on that Madame mayor members of the council my discussions with met Council staff they are encouraging cities to give comments um Jenny's interpretation is that there's steadfast on the density changes and I agree with your sentiments I think they'd be hard pressed to move the needle on that but the look back period is still up in the air so you know I think there are parts of this that um the more cities they hear from and they're going to more push back they that they get on these areas that they haven't kind of set in even though it's not set in stone yet but kind of set their hearts on I think there's still some room for for change there yeah and you know one of the things that I find quite ironic here is is the greenhouse gas emissions and and saying we need you to build um all these rooftops and all this density and yet you have to protect greenhouse gas emissions it's it's ironic and it's counter in I it's crazy making and that's not that's not like I mean it's like all of it is like it's intent versus reality and right like they in tent I get it right they want different houses right they want which hopefully would make it more affordable right with more density the reality though is is that even though these yards are going to get smaller and stuff do we believe that a developer isn't going to still charge the same amount that they were charging for something else um also uh you know they want they're saying they want different types of houses right right what but funny enough we were just told a couple months ago that we have too many town homes in apartments but now we need more density and more town homes in apartments so it's like it it's kind of a big joke to be honest I mean I it it's just contradiction after contradiction like I don't and and I do want I do want to say and reassure everybody that's listening our staff has this well in hand understands where the council's priorities are as far as how we want to build and develop out this community and they are providing those comments and that feedback to the Met Council about probably in a lot nicer words than we would so thank you for that all right other question you know one of the things that I do want to take a look at is those those projections around growth and I know that the me Council has teed up these projections around growth for a number of years and my my curiosity is do we meet those projections are they right are they wrong do they do they play out in the way that they predict Madame mayor members of the council in my experience um they come pretty close actually um surprisingly close um they submit population data every year to the city for kind of checks and balances of what they think and then the city has an opportunity to review your building permit data or utility data you can they do come fairly close actually I would say I I can't give you a number but I was surprised too when we did a look back yeah okay yeah Miss Hardy please mayor members of the council um just to to bounce on what what Jenny was sharing actually this morning um we Trish Jen Jen and Brian and I met with um the Matt Council to talk just about that we looked at our annual um data there's a year leg so we were looking through 2023 to understand how they're pulling that data um we do look we submit our building permit report every year they do utilize that um along with the Census Data um and so we came very we were very close um within a couple hundred people um and um we just wanted to understand the discrepancy so how we were counting or making that estimate versus how they were doing it and I think through that conversation um there were a couple of things that we were able to show up and I think we're pretty much right on the money now so um I'm feeling pretty good about that and I um I kind of echo what Jenny um mentioned in my experience um in the 20 plus years I've been doing this type of work they've come very very close okay good thanks all right Council other questions comments direction for staff any other things you want you'd like to share I think our sentiment was make things realistic that we're actually going to be able to that are goal driven better attainable and realistic having us put things in that we're never going to do and that aren't realistic is see is just an exercise and futility I mean it just like do this and then never do it like if I parented that way like wouldn't you know would ever get done let's I mean let's just try to get some stuff that we can actually do that's attainable so we can feel good about getting something done all right staff do you have what you need from Council here to go ahead and formalize those comments and submit those on our behalf we appreciate that we do thank you and again thanks for taking that big document and boiling it down into something we can digest I appreciate that all right final comments before we move on from this seeing none on to item 6.4 this is uh we are going to consider the approval of a joint Powers agreement with Carver County for construction of Highway 18 Cara Garen is here to talk that through with us miss Karen good evening mayor members of the city council given the number of slide presentations you had this evening I decided to spare you one and intend to keep this short this agenda item though I do want to note is I would say exciting news that is worth pausing to celebrate so the highway 18 project that the city of Victoria has been discussing for the 20 plus years I've worked here is been designed and is currently out forbid So the plan to improve County Road County Road 18 future County Road 18 from um Highway 41 to Bavaria Trail is out forbid um and that does include construction of a roundabout at Bavaria and Highway 18 that is an intersection that has long been a source of concern and complaint in its current condition and then construction of a two-lane roadway with curbing Gutter and a trail along the north side of Highway 18 the other piece that's been added to the project is extension of city sewer and water to serve the two homes in Victoria that are located on Highway 18 at 622 and 612 82nd street if you recall the city council received a petition for those from those folks back in February to have City seum Water extended to the property we did study the feasibility of it and concluded that we were able to provide gravity Sewer Service to those homes and connect them to our water system um but the piece of good news being shared officially with the city council tonight is that the city sewer and water extension costs are eligible for the state funding that the project received so um extension of those utilities are included in the project scope at no cost to the city therefore we are not proposing any special assessments to those Property Owners um so I will segue then to note that this project I don't have the current estimate in front of me but it's in excess of $20 million and again the city of Victoria is been asked to contribute zero um that is through the hard work of our local legislators um obtaining State funding for the project so the project has state general obligation bonds and state general funds that are being used for all of the elements of the project including property acquisition and the utility extensions there's utility extensions occurring in chasa as well that are funded by the project um so we are being asked to enter into a joint Powers agreement with cver County because the construction a portion of the construction is occurring within Victoria city limits that's the reason why we need to have an agreement with them um though the agreement as drafted notes that we don't have um a funding responsibility associated with it um Construction is planned for uh 2025 so we will see some initial work occurring as we move into the fall and winter months related to tree clearing um utility relocations might occur um by private utilities Gas Electric telephone those folks you might see some of that work in advance of um the main work starting next summer we are working on the phasing of the timing of the roundabout construction compared to the phasing of the timing of the other roundabouts planned for construction in 25 so the intersection of um uh Highway 11 Highway 14 at Marsh Lake Road that planned roundabout had been hoped to be constructed this year but due to property acquisition delays that's getting scheduled for the spring so they're working on coordinating the staging of all of these um to not gridlock our community when they're all under construction um so the City attorney has reviewed the jpa and is recommending some revisions to the draft that would be addressed prior to execution of the agreement by the city um the the jpa included here is really the template format for all of the projects so you'll be executing I if I know how to count five of these in the next few months so we want to get on the same page with the county attorney with the template uh to make life easier as we move forward to the next ones but with that I would happy to take any questions otherwise we are um looking for a motion to approve the agreement very good thanks Miss Garen um exciting news indeed this is a project that's needed to be done for a very long time so Council questions comments when uh would timing be for we talked about uh thinking about how we want roundabouts to look um or like the inside of it right like when was would the timing be for like these so for this particular roundabout um staff is recommending minimal um type features in the center of this one compared to all of the other ones just based on its location and prioritizing um funding to some of the higher impact areas closer to downtown so as it sits right now this one would be grass other questions all right seeing none I will entertain a motion approve the a motion to approve the joint poers agreement for construction on County state aid Highway County Highway 18 subject to the revisions requested by the City attorney we have a motion can I get a second second we have a motion and a second all in favor signify by saying I I hi any opposed motion carries thank you on to 6.5 is an overview of our draft cannabis ordinance and presenting on that this evening we're wel welcoming back our community development director Jen Brewington and with her is somebody else with her I'm sorry your name's escaping me Travis what's your last name Bri brierly thank you that was where I was hung up Mr brierly all right very good thank you welcome to both of you um who's going to start Travis very Council good evening tonight uh is just a high level discussion on the future of a cannabis ordinance that we're doing uh just a little bit of background on the process so far is in 2023 the Minnesota legislator legislature passed a bill to legalize adult use cannabis they also set up the office of cannabis management and this is for the cultiv cultivation and retail sale of adult use cannabis starting in January of next year the city so as we go through this the city needs to look at many things tonight we're just at the high level looking for feedback from the city council and the Planning Commission we already received feedback from the Planning Commission the next step is presenting draft a draft of the ordinance based on the feedback uh the public hearing for an adoption and getting everything set in place so we can be prepared when the state starts issuing permits for these type of uses uh there's three main items that we want to talk about the first uh we're looking for feedback on the location of permitted retail sales uh primarily the central business district our C1 C2 and our industrial district we did get comments back from the Planning Commission that related to restrictions to the C1 and C2 District as well as the requirement of a conditional use for the for retail sales second question that we're going to look at or that we would like feedback on tonight is uh the hours of operation um and that is just for the retail portion of it so a lot of the hours that are presented on the screen right now fit into uh the hours that we have sale for on and off sale liquor uh there was feedback uh to restrict the sale to align with just the offsale so just something to consider the third item that we're looking at or that staff would like feedback on tonight is uh restricted distance from specific uses the distances are listed on here based on what the state says the maximum can be you'll notice on the left hand side four x's and one green check mark internal staff discussions this is kind of where we landed with the draft going through the pros and cons and we'd like feedback based on that staff discussion uh there was Planning Commission feedback restricting sales away from the parks setting minimum distances and then the next steps that we'd be looking for is taking the comments placing everything together getting the draft um staff's also working with ocm and keeping up to date on their policies as they're finalizing the rules as well as working with Carver County and figuring out how the enforcement would work and the administration would work going through this process once everything gets established um the Planning Commission will hold a uh the public hearing as this would be a zoning ordinance um and then the city council consideration for adoption uh so what we would like to do mayor is um get feedback on just item number one for the location in the different districts that we have perfect um so describe to us these different districts where they're located so uh mayor the or mayor Council the central business district is our main downtown area which would include downtown west our industrial is on the west side of town on Highway 5 and then our C1 and C2 are closer to our South growth area um which hasn't yet developed so um your C1 your neighborhood commercial district is your smaller shops more like that strip mall style that would be along to serve neighborhood areas and then your C2 district is your larger area so that could be your big box stores or higher and or higher retailers uh different type of restaurants that serve the community as a whole okay and then um conditional use permits is this are conditional use permits pretty consistent with this kind of a use or let's talk through that a little bit so mayor council condition use permits is a very interesting topic right now um underneath the current rules that or underneath the Draft rules that have been presented by ocm or the office of candid management there's a 30-day response that city is required to do upon receiving an application to verify the establishment could happen with conditional use permit going through the process on the city side we're looking at just for public notice you have three weeks right there so that gives you about a week left so that's a part of discussion that's still happening in the background and we're waiting for final rules uh the league of Minnesota cities as well as cities has weighed in on it and is trying to get some adjustments and some flexibility for different controls that are in place so that's we don't really know what's going to happen yet uh but the conditional use permit would be to regulate anything from signage to what we want uh displayed any glazing on Windows and things like that to for comfortability and setting a standard for those type of businesses very good um one of the one of the things that I know has been circulating in the past and council member V I know you're sitting up a little straighter here because we're going to look at you a little bit but um one of the things that we talked about is the county might have some ability to limit the number of licenses within the county and it's unclear as to how those would be dealt out to the cities within the county do you have anything to say about that or is are we too car before the horse here who's who can take that for me mayor members of the council in fact um I just did Dana and I just attended a meeting last week regarding this they are still trying to figure this out and it is in od discussion they are having a public hearing I believe in November um to exactly this point what does that look like there's definitely different feedback from each community and how we do this um also with the licensing piece so if we give them that that option to license this for us that could restrict us and how many we have um but we are remember required to have at least one per the 12,000 uh population yeah my only veneer on that Maring councel is just you know uh I'm not our expert in our office I think I say that every time we talk about this but I have been arounded enough now that I know something about it and I think the concern is just that to the extent caror County imposes the limit you might expect that the county is going to consider the one per 12,500 limit throughout the county the extent only the county does that and cities within the county don't do that then you could theoretically have a a massing of the lenses in a given City so I think cities still need to consider um their own limitations so okay very good Missy please thank you mayor members of the council just to build on what um the City attorney mentioned that's exactly the conversation that was happening this last week um at the county so the county did host as um as Jen mentioned um cities throughout the county to come in and talk about the this issue what the county is trying to prevent is just say okay well if our limit is 10 um throughout the county we don't want to give all those 10 licenses to the city of Victoria um and make city of Victoria or whatever city um the hot spot for cannabis so um so there there was certainly some discussion about um and again treading in some there's a lot of unknowns here and again a lot to unpack so um what kind of came out of that conversation was um cities kind of throughout the county kind of landing on adopting our own ordinances to limit whether it's the one or more than one wherever you're going to be and then the county would take that into consideration um more broadly um and then how that's actually going to work out they're trying to figure out between now and the public hearing when they're going to be discussing this um on November 19th okay yeah just there's just a weird dynamic between is it going to be fed up from the cities to the county or is the county going to come down and say this is our limit and it sounds like they're interested in hearing from us about what we're interested in doing is that accurate yeah mayor members of the council I think that's absolutely accurate um one of the things that we're not discussing tonight but we'll be coming back to you is about um responsibility for um two things regulation and um um um regulation and registration and so what we we will have to decide as a city is are we going to manage our own registration and regulation um and I think we had um been talking to a number of our different cities throughout the communities I think there people are uh the cities with within cover County are a little bit all over the board um and so we're going to be continuing to evaluate what makes the most sense for us and as we understand what those um what the expectations are how much of a drawn resources will it be to go through that that registration process um so we can come back and make an a recommendation for you um but we suspect that that will probably be packaged and brought to you sometime after November 19th because we really want to have an understanding of where the county lands on the adoption of their ordinance and what they may or may not be offering as a service for for cities in terms of registration and regulation very good thank you all right Council questions comments council member Gunderson please I don't know if I ever actually asked this question but Travis you said something that Pete are we size of the building because you said something about our industrial area which is where we would put our big box stores we would we wouldn't actually have to we would not permit a Costco for cannabis would we I mean is that that's I mean I'm talking about the size of the store now just because that I mean one store whether it's 500 square feet or 500,000 square feet is one permit is I mean is that like I'm trying to wrap my head around it because you said it is that is that where like where we're going are we are we able to restrict the size of the store or are wec that's an excellent question we would have the ability toloy reasonable restrictions and our performance standards of the use itself uh there's other communities that have put some of those standards in their draft ordinances as well as I believe was St Paul's already passed their or um so there's some information that we're looking at for other cities have have already gone through the process that are ahead of us um so it's not 100% on what that looks like but with retail we can set reasonable conditions based on the size if there's a cultivation or some type of farming or Greenhouse or something like that we can set reasonable restrictions based on the size and make sure that certain standards are met so those are different things that we're looking at that would be separated out from just the single canvas ordinance and would go to the performance standards for the zoning as a whole which we would take a look at and set after the Cannabis ordinance would be passed okay that's that's a good point because I think what we're trying to get a little bit too granular here in our ordinance because a lot of those details will be worked out once somebody makes a presentation or submits a for house or plan I don't know where that came from a plan for a business all right all right let's let's take this first item then uh Council um that any thoughts or feelings about where you would like to permit retail sales I see the Planning Commission recommends C1 C2 requiring conditional use that goes against I I would say Central business district is where y those should be yeah I mean I would say Central and I mean our South growth area I could see though depending how that develops if it was in like the strip mall time right yeah what were the restrictions that they were it says restrict to oh sorry restricted districts okay yeah I think I think I'd favor it more here in the central business district and then in the south on a I mean to that point though are we promoting use downtown if were're putting in the central we're trying to create a walkable Community well and I know that it's illegal outside but that doesn't seem to stop anyone at a Viking game so and I me just being honest I was there yesterday you walk every 10 feet so I mean are we Pro are we are we doing that are we promoting that here um by saying in our Central business district and I'm just this is question I don't know just yeah I think that's an Enforcement issue and yeah I agree with you everywhere you go smells like School football game and I smelled it so so yeah but but it I think it does make sense in our South growth area or South area that I I don't I don't know why we would limit I know why we would limit the number of stores but to that point if we have one downtown and one on the south end we're we're not trying to Corner the market we're just trying to compete with other communities okay all right you got what you need on that one let's go to the next one hours of operation for retail sales I would say that this should be um consistent with our off sale liquor okay mayor and I apologize that I didn't have this question for staff before I I shouldn't be asking now but um is it right that um my understanding is that cities May impose the hour limitations that you have listed here but they're not other wise imposed I don't think state law says this is the limits is that right okay so a city would have to impose these time limits just we'd have to have teeth behind them right and we'd have to have teeth behind them right if we set time limits what are we doing if they do it yeah and I I I preface that by saying staff is obviously contemplating some kind of ordinance here that would this would be part of um but I just I for staff's benefit I just want to make sure that we're on the same page about the the city would have to impose these limits yes and mayor members of the council this came up during the Planning Commission and one thing that we discussed as staff with the the commission was it'd be really hard for us to regulate let's say a local restaurant selling um THC seltzers and then having him stop selling it at 10m when the rest the bar restaurant can stay open till midnight we just don't know who would enforce that and I don't even know if that logically would make sense um so that was something that was discussed since this this topic right here that's that's on sale right the would be off sale so again the enforcement piece would just be really difficult but that's probably the and confusing so okay I mean and our biggest thing would be like if we're seeing it h right it's not necessarily enforcing it then it's you're not going to get a license next time right so correct what about the pot Spa uh where we I mean oh the spa that wanted to be the first where we at with that and if they open prior to 11 on Sunday how are we going to enforce that so mayor members of the council I'll just jump in here real quick um and um right now they they have delayed indefinitely any plans to do a spa so it is just a retail um operation right now and they are they're open selling like CBD type of products but know they fall under Council Gerson it would be based on their license to I believe what what's restricted just like serving alcohol would be very similar to that that structure all right kind of on the same sorry I just have a quick question so I don't this is maybe a stupid question but um right so alcohol right we give the license to whoever's selling out right like to our our restaurants or whatever um and with cannabis it'll be the state has to prove them correct first and then they'll we'll license them so I'm just curious like and maybe because of that whole needing the state uh approval thing is you know we currently do things like give temporary liquor license to businesses have we like is that even if someone like have we contemplated like a business coming and say we want a temporary uh cannabis license type thing is that even like a thing yes yes mayor members of the council um our Viewpoint of that would be similar to like a special events permit that would come to you public hearing You' have the approvals um just like a normal special event permit like if you want to host music pass our quiet hours so that's how we're viewing it at the moment um Dana or trais have any other input on that so but would they have to go to the state first though and get approved and then come and do it so mayor council uh to that point we did reach out to ocm to find out process is they're not 100% with the final draft of that process but it leans more towards the same way that we would do at temporary liquor license where they would use a state form to apply they would need to get the city sign off for it and then go through the state to get final approval and that and by getting the city sign off that's where we can have if we have issues where in the past with a certain applicant or anything like that can be addressed and then it would be a determination of the state whether they would is isue that license or not well and that's a good thing too cuz it sounds like right like it wouldn't just be like a on the whim of right like Hey we're going to have this part right like we want to do it to right like we'd have to probably do it months in advance right so because we know correct we don't always get approvals and stuff right away right so um I had a thought to that in in like a temporary liquor license I think part of the requirement is is that you you deal with somebody who's licensed either a caterer that's licensed or you buy from a licensed and I would assume that this ordinance would have to have you have to buy it from a licensed correct yeah or you that's our assumption as well we couldn't you couldn't just mayor put up a table downtown and start selling stuff mayor and councel on that point I mean just to be clear it's very analogous to liquor licensing but it's not the same cities are the licensing Authority when it comes to liquor there is a state sign off in the process you're right about that but cities are the licensing Authority here on cannabis the state is the licensing Authority there is a city signoff process so it's sort of the same thing but in reverse and it's as a matter of state law you can't sell this at retail without a state license period there's no temporary City said it was okay you have to have a state license so okay I don't know if I can say this without laughing but I got to get through so the Lions International or the state group could go to the state and get a license would that filter down to their local chapters that then we because they're one organization they want to have a whatever and include cannabis if their state organization has that license and comes here would we have to sign off on that for a festival if they wanted to do it and I'm using I'm picking on the Lions but that's the they're the ones who do it all they're the ones that have that that are probably our most regular users of temporary life licenses but it wouldn't be Victoria's chapter it would be the Minnesota chapter of the Lions but they want to do something in Victoria how does that work yeah mayor council that's I can Duck and Cover on that one easy so um yeah I mean I think the answer is I don't know but the reason I don't know is because I don't my understanding is cities are not compelled to provide for temporary licenses so that will be a city decision about whether you want to provide for that at all if you do that you'll have to comply with your own rules but those will be your rules at that point and I don't know enough about the Lions and how it's organized to know whether they have a state chapter and then indiv I think I know that there's a Victoria Alliance which is literally a separate entity but it's part of this you know so but how exactly that will work we'd have to take a look at these are questions I think we're going to get the more we get into this so at the not just from them but from other organizations right at the the Lions um baseball tournament we have a license to sell beer and we want a license to sell gummies right and those are two different processes and they have to go through two different entities so yeah heads up on that people who are looking to do that it's going to take some time hey I can see the Cannabis and Fish Fry right yep maybe it's better cannabis first might get more eat more fish I don't know okay all right do we have enough on this are we moving on to the next no this is like the greatest like this is the greatest approval known to man because it's provided entertainment for years on questions we've had at a council meeting in a long time and we're not even on the product yet yeah at least okay remind me about the x's and checks again here what are you what are you expecting from us on these ex's and checks so mayor counsel the ex's and check is based on an intern internal staff discussion that we've had okay while coming up with a preliminary draft and these are based on the pros and cons of the operation of these business now we're just looking at retail operations we're looking at the sale of a finished product we're not looking at the cultivation or the usage or anything like that that's just the sale of that finished product and it's just the flower um so restricting that within a th000 ft of a school we looked at the our business districts or not business and not commercial districts and would that have an impact on the school or how our zoning is set up how does that necessarily work if there's temporary permits and things like that and restricting within the school when we we're not close enough to any schools as defined by State Statute that putting that restriction on would provide so an X means you are not recommending staff is not recommending that you include that in the ordinance correct mayor got it okay uh reading through those I would probably be within with I am in agreement with that uh Council other thoughts uh residential res what is Residential Treatment facil are we talking about Steiner kelting or are we talking residential homes uh for um drug and alcohol treatment or those kinds of things we got do we have would we have those in proximity right now no I mean I'm just curious why is why that one specific I know C celing is the only facility right now but do we have I mean we've got mon alet residential homes in the community but not anywhere kind of outside the school like the school zone we don't have anything close enough to downtown or the South area so I'm just curious why that one mayor and Council in our our uh non bus or in our business districts you could have a treatment facility you could have a treatment Clinic um and the various licensing that goes with that type of stuff and this would be the same thing is saying you're allowed in the the Cannabis sail there but you'd also allow for the treatment facility those two operations could cause issues with each other so it's it's looking at just separating out the distance so they're not next to each other yep future for future future um my only question is then if the Cannabis Shop is open before any retail what happens then if there's a location that the we're not putting how do we make sure that the Cannabis business isn't adversely affected by a residential treatment facility coming into a building that we're developing in this C or in central business or in the South growth area after they're established after they're established that would negatively affect their business I like whatever your opinion is the business was there I just don't I don't want the residential treatment facility to affect that I understand the wanting to keep the I totally understand that and I get that um but this would seem to put the treatment facility above the um the business um in terms of hey they were here first but you can't be within 500 feet so now you got to move and I would not want to see that con that's an excellent question it's actually something that we talked about earlier as staff tonight yeah um we just haven't had a chance to ask uh the City attorney about how that process would look if a new if a business coming in would or if a treatment facility came in if that creates a non-conformity if we can allow that non-conformity to be created for the Cannabis business or if that 500 restriction is whoever is first yeah let's talk about that let's uh I I don't want to speculate about that sitting here but that's a good good question yep so if we can if it I mean if in the event that it happens yeah let's just make sure we we got everything in order to make sure that with the business because that's what we want here if it's an upstanding business then on that kind of subject so we have an X so you don't think we need the the one regarding the daycare I guess I'm wondering about that because like I'm thinking because that would say that we don't need that right the excessing but technically like say the property by the fire station right like that's part of our Central Business right and so there at one point was talk of a daycare going there we have a daycare out here by the right in cannabis so like but wouldn't we want to say we shouldn't have it within 500 feet of that what does our what does our liquor ordinance say does our liquor ordinance restrict any of this I don't I don't believe city clerk do you know off top of your head Claudia you know I not I kind of think that there's some consistency that should happen sure yeah I would agree this I mean school one makes sense to me because like it's not in our business district right so it's not relevant but like or Athletic Field Hair Care could right be so like do we like with it becoming legal it clearly shows that there are enough people that want this yeah product um and many of those people are going to be the same people that utilize a daycare facility I mean reasonably thinking um as long as business isn't I mean right the tobacco big tobacco got in trouble for advertising towards children right that's that's why they've got all the lawsuits as long as the Cannabis business isn't actively advertising or promoting child usage I I don't see the if it's if it's within re if it's within a reasonable business district I think that is okay I I I mean to not have get to where is 500 feet from the that's true that's fair yeah yeah and Council Gerson that's exactly the discussion we had internally was if it's you know signed properly it looks nice it you know like like any other business use um that's kind of why we went this route we want a walkable downtown we want people to use it if there's a cannabis business that is doing things the way that we're asking them to do things like we ask other businesses to do I don't see within I mean you're not going to see so long as they're not right side by side like you're you're not even going to notice like it's within 500 feet and also to your point that you previously just stated was we don't want to prohibit one business over the other so how do you choose who gets priority you know essentially if of that use it's not I mean we're not we're we have the state did Cover us on we only need to allow one right now yeah right and we and if we decide we can allow more um we'd like I mean I I probably won't ever use it but we'd like to have one downtown and we'd like to have one in South growth to stay relevant stay competitive I think we need to be able to allow for that to happen and putting a restriction on how many feet away from the ABC Junction over there is not going to not going to work all right any other comments on this all right next slide think oh I think we got what we need next up um so going back to or mayor councel going back to the timeline that we have uh the next step will be putting together a draft ordinance that we'd be able to present to the Planning Commission uh for review and comment to look at the direct language um and that would just still be just a discussion only and then bring it back to the council so uh that way when we do schedule a public hearing later this fall we're all ready to go and we can keep things moving and stay in line um there is some flexibility in what might happen over the next couple months before we have a final threat ordinance uh just because ocm still needs to finalize um there's a report they hadn't need to submit to the legislature as well so there's still just a handful of things in the air Travis did we get a model ordinance from ocm I know there was this conversation that yes correct yes you did okay they did get that done okay very good all right anything else on this topic I got a whole bunch but I can save that for another day okay all right um they've got what they need and there are no more items on the regular agenda so that with that we're going to move on to reports and emerging issues attorney V you're up first mayor council I don't have anything to add U beyond what we've talked about all right very good Miss Hardy anything from staff none from staff Madam all right members of the council great turnout at the fire station open house I stopped by before the meeting and I don't know three 400 people oh my gosh so it was unbelievable to see love that lot of excitement all right anything else all right since there are no more items to come before the body this evening I will ask for a motion to adjourn motion to adjourn second I have a motion in a second all in favor signify by saying I I I any opposed motion carries We Stand adjourned