##VIDEO ID:Fo7WdLzTshw## e e e e e e e e e e e good evening and welcome to the Newport city council meeting today is Thursday December 19th 20124 we'll begin the meeting with the Pledge of Allegiance I pledge alance to the to FL 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 will staff please call the role council member suar here council member Taylor here council member Ingman here council member Chaplan here mayor Elliott here next on our agenda is to adopt this evening's agenda do we have any changes to the agenda tonight hearing none I'll move go ahead I'll second I have a motion from council member suar and a second from council member chapalain to adopt the agenda as presented any discussion all those in favor say I I those opposed the agenda is adopted next on the agenda is public comments this is where members of the public can address the city council about any local government topic that is not included on the regular agenda this is limited to concerns relevant to the Newport City Affairs policies or practices we ask that you come up to the podium and state your name and address for the record and to limit your comments to about three minutes unless you're saying nice complimentary things about council member chap one minute council member chaplain this will be his uh last official meeting of his term uh generally the council will not take official action on items discussed at this time but we'll refer matters to staff if appropriate are there any members of the public who would like to speak during public comments good evening mayor and uh council members my name is Emily White 87017 Street in Newport um I'm just here tonight to talk about Kevin I think think I was probably here for his first meeting and his first meeting and his first meeting um I worked with Kevin on the Planning Commission and um on city council when he was council member mayor council member and um as a citizen of Newport I Just Want to Thank You For All You've Done um you're surely going to be missed and I know everybody appreciate has appreciated all the work you've done over the many years and I don't know how many years it's been I don't know when you were first I don't even remember when I was first on Planning Commission a long time ago or on conso but I just came to um thank you um and there should be this house should be full of people coming to thank you for all you've done for the city thank you very much thank you I think the reason it's not is the staff decided to do something at the first meeting in January at 4:30 before the meeting so this is your last meeting well I appreciate that very much and you're right I mean I forgot we were on Planning Commission together too so we we did do a lot of first I see on camera your name is Bill suner I've been I've been called worse it's a compliment I'm glad to share I don't know does that mean you're still you still have to C meetings I don't know what it means but thanks for coming out on this a Snowy Evening Emily I appreciate thank you and what Kevin and Emily were alluding to is we will have a reception on January 2nd starting about 4:30 uh to say goodbyes and thank Kevin as well as to meet joshh mittz our new um council member uh that evening so it will also be a welcome a reception for him as well for members of the public to come too and enjoy some refreshments and and say their hellos and goodbyes so um any other public comments seeing none I will move on to the consent agenda all items on the consent agenda are approved and uh in a single motion and are considered to be routine by the city council there will be no separate discussion unless a council member or a citizen or staff so requests in which case the item will be removed and considered after the consent agenda is approved is there anything to be removed from the consent agenda I'll move the consent agenda oh hold it I would like to remove item C okay so the request is to remove item C from the consent agenda is that acceptable to the Mover that's fine okay second okay so I have a motion from council member ingan and a second from council member chap Delane to adopt the consent agenda without item C any discussion on the consent items all those in favor say I I those opposed the consent agenda is adopted we will now consider resolution 2024-25 plat and planned unit development um Project Extension with that I will turn it over to council member um Marvin Taylor who requested that this be removed I I pull this item for discussion because I think it's it's something that I don't think Merit just automatic rubber stamping so I have concerns about obviously this I know project has struggled to go because of the broader multif Family Market but I've also been frustrated to see that property taxes were late utilities were late when I looked at the role today which were both conditions of the Tiff that we were talking about which is related to what you know extension of land use a Pioneer Day I ran I had a resident come up to me recognize who I was they were the house that had the purchase agreement that apparently had expired and they had no communication from the developer and so a range of these things have you know questioned you know when is this project going to go you know should we really you know or should we at some point be looking to move forward I don't think you know I am certainly considering supporting a extension but I I I don't know to me July 1st this isn't about winter this isn't about tip you know is this project you know and so I'm just struggling with the idea of extending this out all the way to July 1st because we have other actions on other properties nearby that we're going to be talking about later on tonight that you know make may you know if this can go it should go but it's I don't think it deserves an indefinite and to me six all the way to July 1st kind of limits somebody else to come in if there if this doesn't proceed so that's my big concern is you know is the July 1st extension that far okay so I guess I would want to know is is there a purchase agreement if so when is that you know with that with the house on there is that an effect or otherwise we're just kind of rolling this pting this down the road if that if that hasn't changed um and I guess I'd be curious to know when when does the developer anticipate different Milestones being met in this we also have the deed application that had we had to our staff was forced to do a last minute extend you know file last minute paperwork again so this this is just kind of I'm struggling to see why we should you know be that accommodating all the way to July 1st and our goal with the tip was to move this project forward again the project originally did not request Tiff it was supposed to proceed with without without Tiff then Tiff comes along now Tiff is being using a justification for in the you know oh we only did that in J June well that was shouldn't be a reason to extend the land use because this was supposed to seal the deal so I guess I'm struggling I'd be interested in hearing you know the developer we want to speak to what the timelines that they that they see as realistic at this point um but yes I think if the developer can come up to the podium talk about whether uh a new purchase agreement or an extension of the existing purchase agreement for that house has been acquired um I think also where you at with securing sure uh loans uh related to this I'd like you to address the non-payment of Utilities in a timely manner as well as the property taxes due um why don't you just uh go ahead introduce yourself your address and then I'm Mike molon 6191 crackleberry Trail I'm uh the chief manager with Eminem lanco and I own mpm development and um I'll try to take them in order and if I mess one up let me know okay uh as far as a purchase agreement go the purchase agreement has has never expired it's gone past its original close date but we never formally canell anything at any point uh we've had conversation uh all along the way and uh as of I mean right now current there is a current signed amendment that um supersedes the an addendum that was on the original so the original purchase agreement is in effect and for the benefit of council so that um there isn't a a hang up oh this wasn't technically cancelled or whatever the owner has resigned and dated current dated to purchase agreement I asked for an addendum so that the addendum um would be consistent with Milestones that Joe and I have discussed to uh keep this thing on track and get it in the ground by by early Summer's goal my goal sooner than than that but um we've had discussion um we have got the the uh purchas or the the house will be closed on initially uh at that point U then we'll file the plat he has a he's he's willing to sign on the plat but it turns out he's got a mortgage on it that I wasn't aware of and um so I'd either have to pay off his mortgage um but in effect we' just be closing on the house soon much sooner than than needed in terms to get that done before we get to closing um I know we have some some mileston set and and have been memorialized this week with Joel for for benefit of the counil I think that that is for everyone's benefit um you know if I if I took you step by step what's been going on in the last 12 months we've be here all night but um it has been a a difficult economic environment to say the least we have had this thing up to um the 5 yard line a couple times with a couple different senior debt and the capital stack and the loan the values things have been all over the place you know first we want to well let's let's let's wait for these rates to come down let's do this let's do that uh got all the way ready to um literally sign a or set a closing date that we could have been in the ground this fall and um uh the group cancelled for no reason gave no reason us and six other projects that had gone through their underwriting and and it just you can't you can't you can't press something out of somebody that doesn't want to tell you but you know the economy was um to say the least uh um fluctuating let's put it that way um the because we thought we were going to be closing in the fall we would have been clo you know I had conversation with the owner we knew he wanted to renegotiate just because he put some more money in the house and finish the basement and that type of thing and um so we were in agreement on that and it was just a matter okay I'm not going to string that along or anybody else along trying to get a solid date now that went by the taxes weren't paid cuz they would have been paid all with that closing um on on on on the Eminem piece uh the frankly the the the utility thing got lost in the weeds I I I didn't even realize that that that I wasn't even receiving the thing and I know I was because I've gotten them in you know at the office address but then I just literally off my radar when when Joe brought it to my attention I threw it in with everything else I'm working on we've got what we call sponsor Partners so I you know it'll be somebody bu be coming in with me um they they are in 20% ownership or more there's going to be two we have one and there may be a second I'll put it that way besides besides me I'm still the majority of all of it um we have got some uh Class B memberships involved as these as these came on and and and progressed um that's what has made up the equity the capital stack and what we've been going through with senior debt now right it currently we've got a uh a commitment letter from um Pace group out of Chicago and that's going to be property clean energy loan that's huge and what it's doing is it's become more economically beneit beneficial to the project to do that as opposed to pref equity in terms of the loan of value bringing in the hard cash right at this time um the other sponsor partner and myself um we've got we've got all the cash in that would satisfy the particular underwriting that that we're entering into now um the the the pace loan along with our our Equity exceeds the loan to value now that the previous uh senior debt person that that we're talking to was requiring so this whole Pace thing just came about in in the last well we've been negotiating it for the last uh month uh the the the new terms um they we had their initial proposal again last summer that would have been part of this piece this fall so that's progressed exactly um if we had a wish list that's that's progressed perfectly um now what we're doing as there's a senior lender that um they're not big enough to make the entire loan so they'd be syndication we are um bringing on win and Weinstein to do the government Nance for that syndication of banks for the senior loan now our group and in in my last meeting in fact uh that was earlier this week um they have said they don't usually advertise it but they have got um uh two or three senior lenders that are that they work with here in the metro area they want this project really badly the biggest reason is is that the project being being true Net Zero it does exactly what this whole thing was the whole Pace was was was created for and and it's a it's a big deal there's also they're working with senior lenders when I say senior lender I'm talking about construction only not not not takeout takeout is going to be an agency loan um our consultant on as gentleman named Joe Brill and um it it'll be a a HUD refi and that that's going to be the easy part this construction loan and this current environment is what's been the issue now we were confident we'll get that together so that we can get in the ground this fall I have the contractors lined up um I'm writing contracts and rewriting contracts because we've been able to bring the numbers down a bit U basically what's gone up has been offset by what's come down so we're still at that same at that same level which I'm happy about um but uh the the utility company is applied at DLI as far as the site utility so we started our permitting that way because without that permit um city building a city permit application needs their blessing to do the site work because basically um city of newport's Inspection Department is the vertical and and state of Minnesota is the horizontal part being degrading storm water management and and all the site utilities so all that's in in for uh permitting now also what's in is for fire protection that's also done through DLI and also the plumbing um my understanding is on the by by the time we start this project uh the the the city building inspection will not have its plumbing certification to be doing the plumbing permit side of the permitting so we started that with state of Minnesota as well so Plumbing fire protection all the horizontal construction is in play I've had our building plans um quite some time ago uh with Mr Schilling because there's there's just lots of features to it that I wanted to go through so I and I always do this from the architect side just to make sure that um uh everybody's communicating and and we're we're we're when they see it for the first time uh it won't be the first time so Dennis uh has assured me he's looking forward to the the formal permit and we're ready to formal permit um we're just waiting to get a construction date because when that plan review is done uh we need to go pull the permit and we go pull that permit there's a sizable check that's in those construction funds that has to be paid out thank you um and don't forget there's also the developers agreement and you need to allow time within your time frame can you have these things done and in place by July 1 yes before July 1 we want to start by July 1 okay or before July one we want to be breaking ground okay if things go according to plan and if there's no uh uh I'm not going to say acts of God but acts of Washington let's put it that way if things seem to be on the track that I think and and I'm not saying me but all the people and advisers around me go I'm shooting for 60 days ahead of that for breaking ground so I I I feel as though we've got a a good twomon um buffer for for issues beyond what our goal for for breaking ground is well I know that a tiff approval process is that we're trying to do a partnership with a developer and there needs to be responsibilities met on both sides of that and it's concerning to me and it's disheartening to me when I hear that property taxes haven't been paid when I hear utility bills haven't been paid you know we want to be in partner with someone that we can rely on to hold up their end of the partnership and I don't want to hear from staff on May 15th that property taxes haven't been paid I don't want to hear that utility bills aren't getting paid this is this is an expectation of anybody who lives in Newport and any business in Newport there won't be anything lay together okay Mar do you have follow comments and questions I think I think I can see I mean it's the big thing is an extension is is the good faith effort I mean and obviously it's I know these multif family got laid off in the multif family last December I know what the market the reality of the market it just but I think it's it sounds to me that you're continuing to work to get this thing you know and so yeah I guess you know hearing that I think you know I hope that we're July 1st is a late but I guess okay giving that cushion if I certainly would hope for it sooner but I mean that's you know I know I know you would too because getting these projects built is what makes money so it's it's um yeah I guess I'll I I guess I I I will move you know I guess if there's other discussion I'll move to adopt resolution 2024-25 Lane to approve resolution 2024-25 plat PUD um any further discussion all those in favor say I I those opposed the resolution is adopted thank you for coming and answering those questions and um we'll we'll we'll make this good yes we Merry Christmas by the way yeah thank you yeah the best thing for you is the best thing for the city in this particular case yeah you uh you have you have no idea how how much and what this project is going to be uh until you start seeing it I mean when we get to some get that first building pretty much up and running you're going to have a a very Crystal Clear um uh picture of of what you've invested in and what you guys been behind and I appreciate that so much I really do and this is this is it's special it's it's I'm going to say it's a first we aren't doing anything that is new Under the Sun believe me but it's the way that things have been put together and it has been put together on a financial plan uh that is consistent with what the government has done and the incentives that are out there to do this type of project the fact that it is as high of a cost per door knob has been part of it but it's not been an issue with those entertaining the financing on it and and by it's incentives for them too because I'll guarantee you the senior lender that we wind up closing with um will on the construction loan will be one that is taking advantage of the government side of the fossil fuel and in in the whole the whole um Environmental credit piece that they get it's got nothing to do with the developer so um um it's it's got attractions at every level that are all on a positive way and uh we just got to we just got to get it over okay well thank you very much for attending this evening thank you so next on our agenda is uh both the Washington County Sheriff's Office report and the fire chief's report neither were able to attend this evening so we will move on to the city Engineers report good evening mayor members of to the council uh my gift to the council is I I don't have a report uh and uh but I'm but I'm happy to stand for any questions that you might have any questions I'll accept his silence thank you John thank you uh next we have the superintendent of Public Works report uh good evening mayor Elliot and council members I have nothing formal this evening but I have three uh quick updates uh this past th Thursday into Friday we had a water main break at Fifth Street and 2 Avenue um that included two Force main uh breaks uh I just want to compliment the guys on working overnight you know they didn't they didn't go home till 6:00 a.m. the next day to complete that and uh we appreciate the patience from the residents um involved in that but uh truly an unforeseen so like I said my compliments to uh Public Works staff um the next item is we just received notification here this past week that uh met Council approved uh 66,000 for the City of Newport for private ini Andi Grant again similar to last year um it's a lower amount because I I think we had more competition but um you know John and Joe and I have all been working on this and keep chipping away at these you know at these grants and um so that's great news for the residents and the construction for this upcoming season and then uh my final update is the uh hockey rink will be open uh Sunday the 22nd will be the first day will be open um I know they're talking 40s next week in the forecast I think I think we'll be able to um make it through that with the uh you know low Sun angles and stuff but uh so please enjoy we'll be closed for Christmas Day and New Year's Day the warming house will be but um obviously the the rink is still there and available so okay but with that I'd be happy to stand for any questions thank you questions for Matt council member SAR I'm curious did all the entire crew stay in work overnight or was it uh certain guys that we should be thinking three three out of the six yeah who would that be so we can thank them um Randy and Jason and Jack all stayed overnight and then the rest of the crew picked up the next morning and kept kept regular operations running so had a sub in there too it looked like didn't you yeah yep yep so the same one that did the uh dog park sign oh which is wonderful so I was going to ask one more question Bill's done yeah go ahead um obviously that whole area was dug up 60 45 days ago mhm tremendous big holes in the ground down there so to think that there wasn't some impact from the ground being disturbed that then had something to do with these breaks I mean it would be huous to think that there was no connection but at the end of the day is there anything we can do about that and we really can't go back to that contractor to dug up our sewer lines and correct how did you land on the both of you how did you land on this well I think um anytime you disturb the ground around you know 60-year-old infrastructure you're taking a chance um you know we uh when we replaced the manhole at fifth and 2 we actually found a force main break that was old I mean it had built up um basically kind of built a rock around the the break because of the um so I mean that was kind of our first indication that uh these Force Mains are probably nearing the end of their life um so we repaired that while we were in the process of repair or replacing that manhole um and then obviously recompacted material around uh and actually bedded the pipe with sand instead of The Rock and uh other existing material that was around there um I think as a general rule anytime we do a reconstruct and do utility replacement we get much better compaction that they had on existing um with with the severe temperature swings I you know with differential compaction that kind of stuff you can get you know flexing and movement on the ground and and I think I mean my my opinion is that it's a coincidence you know that um that that happened and you know unavoidable the guys looked at the the brakes on the force Main and it was new clean brakes there was nothing no buildup around the pipe or anything to indicate that yeah this had been running for a while and we just didn't know it so I think it just that that um extreme of a temperature change just made the ground heat and unfortunately it was you know on a Thursday night and into Friday morning and so and it was cold right so we deal with what we're what we're given and you know move move ahead so all right thanks I just kind of want to get your thoughts on that and as I just mentioned briefly the dog park sign's amazing we went down there this afternoon oh okay yeah it's very nice looks great and actually a little snow cover down there our pup loved it so enough for me great great no no problem um and I think the work that we did in that area was not to the Sewer Mains correct with this project this last year uh this last summer we replaced the sanitary man correct and so you got to go um put a length of pipe outside of the manhole to connect to the existing um sewer line you know the the Force main was excavated in the hole that's how we found that existing break yeah um but there was no no direct or um planned work on the on the forest main or anything other than that manle okay so I think just from The public's perspective we did not go down and replace these sewer pipes only to have them break correct 2 months later correct they are the 64 roughly it was other stuff in the same street on the same street so you know we'll be back there when we get funding but don't hold your breath May um one more one more question please define forcan I'm not sure what exactly that so the uh at the end of Fifth Street we have a low point in our sanitary sewer system essentially we have a large pump that pushes the sewage back up to a higher point where it'll gravity flow again and that pipe from the pump to where it'll gravity flow again is called a force main so and that's ours not met council's correct okay correct so that's on the leaving side of a pump correct yep thank you and I was going to talk a little bit about this under Council comments because um you know this happened about 11:30 in the morning that we had the initial break again you mention it was a cold day this is when water mains break when there's a dramatic drop in temperature I think we're probably seeing a few fewer water main brakes as we continue to repair and um go through our infrastructure system and updates um but when they dug down they saw sewage coming out this triggers that they uh contact the State duty officer at the Minnesota Department of Health they um flush the system they test the water they send samples also to the state for testing we did have an employee and a Washington County Deputy out knocking on doors to let people know to run their cold water for about 15 minutes just as a precautionary measure um and so apologies to anyone we woke up but we felt safe clean water was uh you'd rather lose a little bit of sleep and not get sick from uh water that might have had some back IIA in it and um so I appreciated that you guys did that I know MSA was out the next morning for the homes we couldn't contact UM and that you found the one Force main break you found a second Force main break all of this work resulted in work still being done at 6:00 in the morning and I can't you know this kind of commitment and dedication and really taking responsibility to fix these problems and not say we'll go home and come back tomorrow um that starts with leadership and that starts with Matt and that starts with Derek um kind of their commitment to the to our community and to the people who live here and to giving good service and that goes down to our employee group and um you did mention um the three that you know kind of worked uh pretty diligently on this Jason Randy and Jack um but Dean Paul and Jeremy I know are just as committed and dedicated to this community as well and I think we're just really fortunate to have that kind of service um and responsible employees working for us and so you know I just want to thank them I think on behalf of the council and residents you know for for what they really did you know you noted that some some of our staff worked 23 hours straight on this particular project and I I don't know how often that uh happens in the world um but it happened here in Newport and so thank you and I'm I'm very proud of our crew and our staff and you know you and Derek and uh Joe as well for you know putting together just a really strong team for us so thank you any other questions for Matt I would say if you have ice skates you're not using please bring them to City Hall we do let people use them for free at our at our skating rink and so bring them in we'll get them sharpened don't worry what color they are what shape they're in um people will appreciate having those so thank you moving on to the administrator's report uh mayor members of the council uh a number of items tonight and we'll start off with uh the first item is a city Cod amendments regarding cannabis and hemp business registration and land use standards and of course we have our great city planner Nathan first and he's ready with the presentation thank you Joe uh good evening mayor and members of the council so we have been discussing uh regulations for cannabis businesses and hemp businesses in the city this is coming back uh to you from a couple different um prior meetings the first of which was a city council Workshop discussion on the 7th of November where you all provided some helpful initial feedback on the ordinance and things that the city was expecting out of this process followed by a Planning Commission meeting in December on the 10th that was also a public hearing uh where we didn't have any comments but we did hold a hearing nonetheless uh and got feedback from those planning Commissioners that were present and lastly uh this evening where we're looking at the sort of the final draft of the ordinances so just as a very uh high level summary there are a number of different license types for different types of businesses that are and basically Allowed by the state law that um uh legalized recreational adult cannabis use so with each of these businesses and these the Li es there are a number of different land uses that can also occur those are summarized on this table that was provided in the staff report um and we've talked about these things previously so I won't spend a ton of time on this just as a refresher for you what it is like for a business to get a license in Minnesota that process is um generalized on the slide in front of you so first an applicant for a business in the state would submit their request to the office office of cannabis management at the State the office of cannabis management would review that application for completeness if it's complete it will send the application uh or a check uh zoning verification check to the city uh or the community where that business is located the city would have 30 days to respond uh at that point um most communities or at least what's proposed in Newport we're proposing conditional uses so for a business to actually have a legal ability to establish their used they would need a cup that process is almost always longer than 30 days so we're still working through what that looks like I'm sure the ocm will have some feedback for what they're going to allow probably it's a box to check to say the applicants in progress or they wouldn't even let them apply lastly uh license would be received likely within 90 days as according to the statute so that's what a business anywhere in the state would be looking at from the licensing point of view so uh when we initially drafted the land use ordinance for cannabis businesses we defined cannabis and hemp businesses and their operations uh we determined at a kind of early stage where those businesses we thought should be permitted and how and lastly we did um propose some performance standards including buffer distances odor Etc oops I went backwards all right so at the workshop we got feedback from the city council as mentioned so uh the city council definitely was interested in leaning towards the higher standard approach making sure that we had um a little bit more strict requirements with the ability to pull things back later uh we also received feedback about the focus for where we should have these land uses in the city and we learned that the mx1 and B1 districts were primarily where sales should take place and with any other uh production processing Etc to be in the business District the B1 and lastly the council provided direction to take have the city take the lead on registration this provided this provides the city with the most control over the retail um locations for cannabis businesses we can limit to actually one cannabis location in Newport so the Planning Commission uh received the report from staff and also provided General support for the proposed zoning um the Planning Commission did though provide some feedback to staff on Zoning for for land use and and did uh see some reasons to allow for retail sales of cannabis in the MX2 zoning District that's the zoning District around the Newport transit station um their logic was that given the proximity to I94 that might be an attractive location for a new business lastly um the Planning Commission did Provide support for City registration of cannabis and businesses so a number of changes have occurred to the ordinance since your last review of it uh We've now drafted a registration ordinance for cannabis and hemp businesses I'll note that um hemp businesses we cannot cap the number of low potency hemp edible retailers but we can register them and so they would be subject to that same ordinance as um in addition to the Cannabis retailers lastly also added a um a new term cannabis testing facility cuz the city's existing ordinance didn't seem to really capture that use so I wanted to make sure that that was taken care of and we've also modified the use tables in the ordinance according to the feedback that we've received so far lastly strengthening the performance standard particularly for water and wastewater generation as I know that was a point of conversation with the council so on the screen these are the land use tables that are in the draft ordinance that's in front of the the council this evening uh you'll note that cannabis micro businesses cannabis sales and low potency hemp edible sales would be allowed in the mx1 um and the MX3 we are we are proposing to allow low potency hemp edible sales those businesses again are the low potency product only uh through a conditional use permit that would allow any of those locations in the community that are ex that are already selling those products to continue to sell them in the future when the licensing process at the state resumes or begins and then um regarding the business and Industrial districts you'll see that all of the uh cannabis business uses would be permitted in the B1 uh and only the B1 so not the B2 or the industrial districts I think this visual does kind of tie all this together for you pretty simply so what you'll notice is the yellow um the yellow circles are showing you where cannabis businesses would be allowed in the city with the draft ordinance and the purple circle around the mx1 district does indicate where you would have meso businesses macro businesses and sales public works yeah so businessman that's a testing site yeah sounds good all legal but you need a conditional use permit mat okay so further zoning considerations or things to consider at least um from this point moving forward uh number one currently in the draft ordinance we don't have retail sales allowed in the MX2 given that was a recommendation from the Planning Commission I do think the city council would be well served to have a discussion about whether to include that additionally um low potency hemp Edibles are kind of a common side business or so so to say for you know these products can be sold at liquor stores they can be sold at bars um this could be something to consider approving as an accessory use so for worth consideration uh the next Point down is potentially to enclose or ensure that cannabis businesses are in separate structures and not in multi-tenant buildings I know we got some feedback on that previously and lastly potentially to consider outdoor cultivation I did work with the city attorney and comfortable with the current ordinance which does not allow cultivable outdoor cultivation uh but potentially the city could allow that should it want to a couple of other frequently asked questions before we um go any further so often get the the question you know can cities limit businesses if there are enough countywide um the answer to that is yes in the city's uh registration ordinance we are a able to restrict down to zero cannabis retail businesses if there are enough located within the county uh the next question is can liquor stores sell cannabis products no they cannot if you are a liquor store you cannot have a cannabis retail license but you can sell low potency hemp Edibles with a license um buffers the next question uh cannot be increased beyond what they are in State Statute and lastly um I have gotten questions on Industrial Hemp and whether that can be grown State Statute does call that an an Agricultural Product so technically that can be grown in areas of the city where agriculture is allowed I have a slide on outdoor cultivation that I'll just buzz past because there may or may not be questions on that uh development standards here these are all the development standards generally summarized that are in the ordinance we've got standards for security oders outdoor uses lighting waste water and water um particularly minimizing um water use to the extent that is feasible signage and temporary cannabis events this slide summarizes the city's draft registration ordinance first and foremost the ordinance as I mentioned does apply to both low potency edable retailers and cannabis retailers there are a number of other items on this list that we can discuss if if the council has questions summarizing that process however it's it's very similar to the state license process so the city would stand up an application form and an internal review process applicants would then complete an application form provided by the city giving us all the information that we need we would take that application in and review it for completeness um it's very likely that the the applicants are going going to need a conditional use permit for their use so they would have to get through that process prior to receiving a registration as I mentioned to you the city did post a public hearing for this item but did not receive any comments and lastly I do have some example motions on the screen here I know there are um probably some comments and there are a few options as it relates to how to move forward the staff's idea initially was to have this process concluded before for the new year however if there are um anything that the city council would like to see incorporated into the ordinance there is an option to look at adopting and finalizing an ordinance in the New Year all things considered with I don't know if anyone's seen any of the star tribute articles on the delay for the licensing at the state I I'm not sure that any licensing is really going to begin um right away in the new year so to that extent probably pretty low risk to you know to get this thing right uh and not have to go go back through a public hearing process and we do have a meeting January 2nd so that's pretty close to January 1st yep okay um well let's start with the question on the MX2 and I noticed I was a little confused uh because in your memo you have uh cannabis sales and low potency MX2 as a c but in the ordinance you have them as an n and so yep that I didn't understand what would why I'll call that yeah mayor mayor members of the council that should be a typo in the actual staff report the ordinance is what we would be looking at and I wanted to make sure that I got that ordinance um correct so we had discussed both ways um but yeah after some consideration of the feedback that we as staff had received from Council previously decided to present you with an ordinance not allowing in the MX2 with the uh discussion okay about that as a possibility well and you know what maybe um the first ordinance you got on the agenda for us to consider Is 2020 20244 which is a registration process I I thought that was a little more straightforward so maybe we should start with kind of that order and then we can move on to the land use and talk about MX2 and and get into some of the other uh comments that are out there um so any questions on the registration process and requirements um that uh were provided to us by our city uh planner I guess I mean the did we ever get any more clarification on the our if we specified a limit of one would the county enforce a limit of one did we ever yeah we did get that answer and they said no so this County the county would not enforce a limit of one if we delegated to the county um however uh you know they didn't believe we'd frankly have more than one if even one uh with that said they they would not guarantee it or or would promise that that they're more for that one per 12,500 um so if that was a guarantee Council wanted you know we we should do the registration ourself which is why it's before council tonight so okay mayor members of the council if I just add the you know some of the tradeoffs with deferring to the county you know the county then does have to do all the registration so that's I guess a plus from the administration side of things um and also they would be responsible for doing the enforcement as well now if the city does take on the registration it has the ability to control the number of registrations in the community um but does have to obviously administrate those applications and U make sure the enforcement's done thank you I guess the one I mean I think I see on board that idea of City doing if that's the you know but do we need the Lang should we the language of the you know we just the 12 you know that we the 1250 1250 really stri I mean I don't think we're going to be looking at Consulting I you know I guess I'm probably accepting the fact that if you know I mean we're not going to get you know I doubt we're going to probably it'd be kind of I don't know I don't want to be you know if we're going to do we need that do we I don't know where do people feel like that's I don't know I don't know that we're likely to invoke that ever but I just don't you know it's kind of crazy weird you know I kind of feel like I'm okay with it as the first shot out of it's fine I don't know that we're going to reach but if you felt strongly like let's strike that sentence out I'm not going to put up any fight on that such an unusual thing I mean I don't know that we're going to be count you know staff I just don't want staff to be like well you know spending a lot of time you know I mean the early on but it's one license so it's it's it's it's one compliance check guess we I guess we could call the county say Hey you know if we want to relax at that point I don't I'm not worried either it is kind or if we don't have any and then the one it for every 12,500 is met and we have someone come in that we're interested in we could always go in and strike this out yeah right now it says they just wouldn't give staff the authority to have or anybody you have to amend it's like right I don't know if I it's like it be maybe easier to strike that right now because I don't know I guess rather than having to amend it if somebody came we'll have a lot more information on other communities experience if if we hit this 12,500 ratio to to be able to let may let the market cool down a little bit mayor and Council I would just add to that that um if the city were at its you know cap which is either zero or one business um and someone did come forward with what seemed to be a reasonable business plan they could always uh request to amend the city code right staff could could bring that that back and it could even be bundled with a conditional use permit to be to to allow them to begin operations so it would simple Amendment it wouldn't slow them down particularly uh much yeah sounds good okay any other comments on the um ordinance related to registration have a motion to approve I'll make a motion to approve uh ordinance 202 24-4 establishing registration process and standards for cannabis and hemp retail businesses in the city as proposed by staff so now we can do a little more discussion on it right pardon now that we got the motion made we can continue discussion or we sure yep I have a motion from council member Chapan and a second from council member ingan so that allows us to have one location in the city yep one vendor okay yep and if the city want to do one they have a second but if but if we decide we can add another one right okay yep but that does that then allow the city to oper the operate the site no no no this is Private Business this is a private business I mean we could be the one to operate the site if we chose to yes there always we'd always have to allow one private one too even we did one there has to be one priv we can't unless that 12,500 number so it's you can't use this in place of a private okay okay you could have a Max of two actually if you had a municipal and okay I just want to make sure that the city does not lose its opportunity to have a business we decide to go that way and that's very early in the discussion options well I just wanted to make sure that okay this fairly complex area because the state is still juggling with it so it's it's a challenge for us to understand when the state doesn't know what it's telling us to do too so I want to make sure that we we rain as many options as as the city wants to have yeah y so okay other questions or comments okay all those in favor of ordinance 2024 for say I I those opposed the ordinance is adopted so then let's move on to the land use uh question and I think we'll start with that MX2 uh suggestion um thoughts or comments from the council MX2 is right over here where we have the multif family housing uh units going up it's a Transit site MX2 is a Transit site so it would have to be in the transit Site Area would that be the only site that we could have one no no no no nor the 21st yeah so let me can you put the I'm bringing the map up right now so for Council if you can see the cursor moving yeah this slightly lighter or darker blue color so the Wilson Trucking area and all the little areas over there okay the area we've been looking to create a uh businesses business area yeah yeah okay but that would prevent it from being over in the center the Newport Center no no this would be an addition unless of one open there then that be the only one in the city yeah so okay so this would be an additional possible location so look at the purple circle y is our mx1 and then that sort of medium blue color is MX2 okay so yep I see it there you go yeah again just clarification yeah and uh just from the planning commission's perspective they they really focused on the 494 exit um as being their consideration okay I think my greater concern is that you know cannabis businesses can't be within a certain distance of schools and playgrounds and parks and these are all multif family units that go up on the transit site and I just don't care for this business to be that close to those kinds of housing that type of housing um and you know 494 is easy to get off of it's it's another story to get back on 494 going east it's uh you know going west it's a trick to get over here going west and it's pretty easy to get back ongoing West so it's it's not a particularly easy access um unless you're heading east and want to head West when you're done uh there's a lot of stop lights and uh between those so I I think you know that's my concern is to put a business in play there so close to multif family housing um I'm just not sure that that that's worth it and I guess too I'm I'm okay being a little more restrictive and seeing how all of this plays out at the state level and if we want to come back in two years or three years or five years and and reconsider um I'd certainly be open to doing that as we kind of see uh kind of what really happens with this um but I think for now that's probably where I stand on it so this is again a limiting or an opening opportunity to have a business over in that particular location right which are those two it allows it or it prevents it well if we don't allow it in MX2 then it prevents it and as the ordinance is currently written it doesn't allow it in MX2 okay and I think that was part of our discussion at the workshop as well how we landed yeah yeah and I think your points are well made for as far as I'm concerned yeah so we're voting to prevent it over there correct correct okay correct so we're okay um the the ordinance has written is a no in the MX2 yv of that yes okay so that answers that question uh Nathan what was your next question on the list yep let me pull up the considerations so the next consideration was for uh the particularly the low potency hemp edible sales I'll I'll point out to you that we are including that as a conditional use in the MX3 in the ordinance as you have in front of you so I just wanted to mention that and provide the council an opportunity to discuss it one potentially different way to manage this is to only allow it as an accessory use which would have to be then an accessory to a principal use but we currently have it as just conditional so they can have it pered so can you um Define that a little bit more for me because an accessory use meaning it has to have some relation to what else is being sold within that business like I'm selling Tire and I sell Edibles as an accessory use normally normally they're related it's going to be you know a little bit more related Services um if you had it as a c as an accessory use as a conditional accessory use it would have to receive a conditional use permit yes but whatever principal uses you allow in the MX3 District in this case they could come in front of you so if you did allow a tire shop not saying that you do but if you did allow a tire shop in the MX3 theoretically they could apply okay so will you go back to the zoning map and show us MX3 that's the darkest darkest color of blue okay so that would open up um what it does do is it allows low potency Edibles to be sold in any of the dark blue under this current uh ordinance you would need a cup however we could never say no if I have a business there that's allowed and I if tires are allowed and I say I want to do Edibles the city cannot tell me I can't do it we can write as many restrictions on a cup as we want to but we cannot say no you're not going to sell Edibles next to the library for example because our library is over there MH um in the dark blue so I just want to make sure we're clear on a c doesn't mean that we can't allow it we absolutely must allow it we can only put conditions on the sale it doesn't really make a ton of sense does it when you explain it the way you just did right it makes you know i' see like if you're going to do it it makes more sense in the S and the MX2 give the types of bit than in the MX3 I mean I think to me MX3 and this is just we're getting outside it's not going to be a zoning District as we know it hopefully in after the zoning update so just you know I really it's just such a it's such a it's the catchall district and I really it seems like mx1 is should be the same yeah and I you know I think yeah if we just keep it MX I mean it's just really I mean that's where all the other related businesses are right now Licor or whatever might want to do this yes or in mx1 now okay so say no so MX3 low potency changed from C to n n and um again to Marv's point we're going to be taking a close look at our zoning map we might have a different answer you know in six or eight months when we take a look at this more closely um but for now it's a big section it's such a it's such a mess MX3 you look at what's actually on looking exactly houses single family houses do everything else just just one point for you on this on this topic of discussion um there's been I've gotten questions elsewhere regarding the low potency hemp sales because some businesses currently do sell those products right now it's you know in the form of the gummies or the seltzers um if a business is currently selling those products now um and we switch to uh not permitted MH then um eventually the state will have a licensing program that they can request a license from and they will have to and so at that point the state will then reach out to the city of Newport and the City of Newport will say nope they don't have the right zoning they are not permitted to do that that business would then not be able to receive a license it would have to Cease the sales of that product so that's how that will will move forward if there are any businesses selling in the MX3 now just to let you know how that process will work and I'm okay with that because at that point you know we'll probably have some better ideas on where we're going with zoning whether it makes sense where it is but right now it's just way too broad I think for us to comfortably move forward yep I just wanted to make sure that the council was aware of that okay yep okay um next question on your list sorry council member SAR So currently there is no low potency hemp products being sold in Newport is that correct oh no I don't think there's two BS at the smoke shop oh SM I believe there are a couple places in the city where it currently is available one being the smoke shop the other one being the opinion which is the in the MX3 okay those are the only two that aware of besides the poms tire shop I'm kidding it's I I don't know until we buy it um but no but those are I I I am aware that those two places in particular I I'm not aware of any other places off off that I'm aware of so and they're both they're in two different zonings then right correct mx1 and MX3 yes yes so if we change the MX3 would that mean the opinion would have to cease yes y eventually once the state catches up it sounds like yes if I what I heard Nathan say and we don't know what that zoning may look like long term for Newport CU because where the opinion is and tanucci that might end up getting zon mx1 or an mx1a a more broad kind of well that's something a little more retail oriented yeah and then it might make sense and then it would could potentially be allowed in without any gyration so that's where I think the blue is just so big and all-encompassing that if we pass an ordinance that says we won't allow it by the time the zoning code gets updated the zoning map gets updated the state catches up we'll have a much better idea of of something like that and we've been adjusting our Zoning for the past yeah long time yes and this is not going to prevent us from a further adjustment in the future as we continue to refine our z i they'll have plenty of time to continue to sell until we have some deeper answers on this okay yeah I don't want to cut off an income stream if we if they're allowing it currently legally and continue to look at ways to either allow or prevent it now is there also a high potency chewable Edibles I I don't know that would be the Cannabis retail basically yeah you're talking okay Nathan what was your next question yes uh the the question here is the accessory use well the the third it's actually the third bullet down at this point so we're looking at uh discussion about should we require these businesses to have basically be in a separately enclosed structure I did get that question or comment and wanted to make sure that we had an opportunity to discuss it if the city council wants to require that these businesses be in a separate structure like not a strip mall or you know multi-tenant building uh that we had that discussion and we would need to put that in the performance standards if the council wish wishes to do that and I think the reasoning behind this question really has to do with odor and shared HVAC systems where if I have cannabis in you know spot number three over at uh the Newport Center and the odor is wafting over into the North Pole um and the North Pole doesn't want that odor there um if you require that's them to be in a in a but I mean even marijuana without being on fire can emit an odor and it's not odorless and so um doing it as a separate structure assures that odor migration won't happen but I think you know some of my comments and we'll get to those after we get your questions answered really does talk about uh making sure that the odor is handled in such a way that it does not seep into any other businesses within a connected uh set of units so I think for this I'm okay with it not being in a separate uh structure um I don't other comments from other people but I think that was the initial concern is how is oder going to be made managed um within Mechanical Code speaks to odor ventilation code speaks to odor fire code speaks to interchanging of air between different types of businesses so I think there's already um State statue and and code in place to address this okay so I think to keep our mall and some of our businesses viable I think we would you know allow it and let those other codes kick in yeah I mean if you well I mean in North po perfect example the last time you went into the drugstore and got anything yeah I won't get into technicalities of what they're doing over there but um cooking food if they was not owned by one entity they would be unhappy with the smell probably yes well and I think these kinds of questions come up because other communities in other states that have legalized recreational marijuana have run into problems this isn't that somebody just sits and dreams things up it's because problems have occurred and communities in Minnesota are trying to learn from those experiences and make sure that they don't have to go through this they don't have to have a business owner coming in and complaining at City Hall and I you know part of my comments about the odor is that as currently written it's it talks about noxious odors and um I wanted to be no odor and so you know I think through that process we can we can manage this U particular item um so outdoor cultivation comments on that well we let's let's just finish up then the third point we are not going to require them to be in a separate building currently I I don't think that will be necessary good I that's that's what I would prefer so I just want to make sure that that is the the outcome of this discussion okay yeah May and Council on the fourth fourth bullet uh I just wanted to make sure that we included a conversation about outdoor cultivation because I know uh some communities have allowed it with some conditions so um I I want to mention that I've worked with the city attorney to understand that we're we have the authority to prevent outdoor cultivation um that may not be the case in every community that they have that you know opinion so just wanted to mention that um we're under with the understanding that we can prohibit outdoor cultivation and require any cultivation in Newport to be indoor yeah and by indoor like Greenhouse is indoor Greenhouse yeah I think what what you more realistically would see with indoor cultivation is is an industrial building that has a lot of more kind of modern or standard hydroponic type equipment I'm comfortable with requiring it to be indoor I I thought that people individuals were allowed to grow three plants is that true that would still be permitted so what we're talking about is commercial cultivation commercial everyone clear here yep that's no that is a fair question so everyone would you know would still be able to um realize their rights as a private property owner but not commercially cultivate okay well I think it's nice to consolidate it all in one place to so okay um other comments on outdoor versus indoor okay you were growing It Outdoors wouldn't it'd be like growing sweet corn with the raccoons you you try and Grow It Outdoors it's going to be picked for you I wouldn't be afraid I yes I don't know that business but that's what I would be concerned would happen to somebody so um so I think I do you think it's a now's the time for me to talk about my coms so those were the last questions that I had okay so that pass that down to Bill that's one for you that down to Tom so I was looking through this and I had looked through some other cities uh ordinances that had been passed prior to us and there were some areas that um I would like us to just beef up a little bit more um so on page three of the ordinance um there is a comment about security and it says the facility must be secured as required by Minnesota statutes in the office of cannabis man management um in the things that I saw you know other cities doing they were addressing things like loitering they were addressing things like who can get behind counters um doing things to secure um their product um having surveillance uh on site and making that available um should there be any sort of um crime committed on that site and um to just you know I I think this is the type of business that can attract uh people um to want to steal things and so part of this is really just about protecting the business as well but also making sure that our own law enforcement can come in and do their own investigations of any sort of a theft and do it in a pretty efficient manner and so I think this speaks to that um so th that's you know my suggestions on that for odor um Kevin just kind of read through this and said it kind of brings together what all these different state regulations have to say and I kind of like that comment because it means that if you're new to running a cannabis business you can you can kind of get it all together right here without having to become an expert on state building codes and fire codes and so on but also I was concerned that that the standard written in the ordinance was really about noxious or nuisance causing odors and I wanted our standard to be higher than that um there are people who are allergic to you know cigarette smoke cigar smoke you know things like you know I assume marijuana would fall within that category as well and so um I think just from a health perspective I would like that to be uh not something that has to rise to the level of samax in order to be um addressed and again I don't want staff to have to be deciding the Nuance between what's a noxious odor and what's just bothersome and um that we would have an odor maintenance plan the signage uh this was something from the Woodberry we have um ghi sinage just in compliance with C cannabis Management Woodbury actually went pretty conservative about not having flashing neon signs and cannabis for sale here get your you know get high here get pot here um that they really wanted it to be kind of look like any other store in in the in the uh strip mall or you know within the um the retail area and you know I I like the idea of being a little more restrictive and then we can kind of move from there and figure out what we did or didn't get right um there was nothing that really talked about noise um in this but I would guess people would assume that this type of business could have more than normal noise so I wanted uh that and then on the hours of operation I didn't know if we had hours of operation for businesses written somewhere else in our code if we wanted to have hours of operation for something like this we want to line up with what our liquor license is um or what the smoke shop does I just I didn't really know but I thought or is 24-hour sale okay um so that I didn't I just kind of plugged something in there but um so that's just I won't get into cannabis events but that was just for performance standards um and I think lastly under H water and waste water uh number one cannabis and hemp businesses growing processing or manufacturing cannabis or hemp products shall be design shall be designed to significantly minimize the use of water on the site as opposed to just minimize because I don't want someone who's saving a gallon of water I would like to I would knowing what we're facing um with p and and water um in particular I don't want a growing operation to come in and to be particularly inefficient uh with their water use and we've got limits because we're in the prair disain uh Watershed and that's part of the Whitebear Lake settlement and so I think we need to expect a business that may have high water usage to be mindful of the limitations that we have was a community those are my thoughts where's the water references in here do you have page four oh it's all I did was add the word significantly yeah cuz I didn't want to retype the whole paragraph just to say that so if you have it up on your screen um I just didn't see it in this handout so it's not in the handout it's in the resolution all it was was one word okay yeah from to minimize to significantly minimize my background of course is an egg business and I think any any operation is going to look to ways to be economical if and we're talking a greenhouse in this particular situation yeah well we just limited it to indoor growing so it would have to be indoors and those green houses are specifically set up for economies of use and particularly water use and fertilizer use and so forth so significantly is just such a a vague term MH but I'm in but minimize is such a nothing to yes I'm getting nothing for my money there I'm I'm okay with it but I'm just yeah thinking that a a business might already be moving in that dire Direction you know and I think that'd be great when they come in with their business plan and want to talk about this is how we are efficient with our water usage that just makes it a talking time within that discussion that is fine but we have that as something that we as a city are identifying because of the the draw down of our of our water resource in this in this area yeah yeah mayor and Council just a quick comment to to follow up on this particular question I would say that the the hook with that particular section comes in where it says uh and must include water capture systems gray water systems or other equally effective water conservation measures someone coming in with an application going to have to demonstrate this to the city that they can minimize the wider use and through the city's revieww of the Cupa could kind of make sure that it feels comfortable with whatever measures are proposed okay do you feel comfortable asking those questions is your is your background sufficient that that would allow you to understand jack of all trades type of situation here but no no it's it's something that we would feel comfortable as staff making you can delve into it and set standards okay that's that's fine think that's a very good as an ecologically um interested individual I'm in favor of that okay absolutely okay thoughts on the other comments that I provided signs I'm I don't know that they should be prohibited from having a a hemp plant on the the windows to their building I I don't know that that's encouraging crime or anything I think that the cost now of cigarettes at $10 a pack somebody's going to stick up something you go down to the service station and they got all those cigarettes right there you could get a box full of cigarettes and walk out a couple hundred dollars worth of product without a problem so it's all behind the counter well I mean at Speedway I have to jump over the counter to get to it well walk around the corner too I'm I just don't know that we need to to limit them putting a hemp flow on their window if they if they use that as an advertising option let people know that they do sell that because if we're if we're limiting it to one location in the city let them let them advertise it is any business would be able to explain their product the line that they carry I I really am not yeah I feel like this is just some of the the security and that it's just like really a judgment I feel like there's a bit judgmental of cannabis I mean I don't like I don't like the fact it's coming here but this has been legalized because it's it's legal now so it's not you know it's like it's like really first setting standards for the science you know like like I get what Woodbury might do you know but just like try not I suppose they they probably justify they were not we're trying to Minish diminish the appeal of it or something like that so it's I mean that's why you make reals I don't know but it's like I don't really want I don't want to start I just feel like things like having to have a safe room or something like I don't know I mean it's like securing they'll do what they need to do I guess I mean maybe some of the I just feel like in general it's just it's a bit heavy a bit you know signed I mean the older stuff I'm very on board with I don't you know yeah signs and it does get a little too too micromanager is most of this out of wood's discussion right you didn't DRFT this from a clean piece of paper no I'm you can tell how it's wood also doesn't allow people to hang their clothes in their yards either so I don't know that this is what people well and I you know I question the whole security thing if it if it's even legal to be that restrictive on security and stuff I mean again if you're protecting a business but we are allowed under State Statute to write performance standards and performance expectations and you know I think it's a too little too late if we start having issues at a business to then try to come back and say well now we're going to tell you to put in cameras or you know there was you know somebody defaced your property because they didn't like what you were selling and there's no way for you know our our deputies to go over and try to help you out and well I understand what you're saying that people are going to try to protect their businesses you know they're really trying to appeal to new business owners you know people who have not necessarily been uh run their own businesses in the past they're trying to appeal to you know uh the people of color community and to help them you know start a business and and become financially independent and so some of this may not be things that people would have thought of it becomes very cap some of this becomes very very Capital intensive and limiting your ability to ex I mean it I mean at a certain point though it's just like yeah all the security stuff we talk about we spent a lot of us here on this building here right it ain't cheap you know and it's like again for us if you're trying to it does kind of you know that's if room is expensive a vault would be expensive know yeah and it's like the size you know if it's I don't know it seemed I'm okay with you know oversimplifying it little because I haven't read into it as much obviously that the mayor has um but to me I think if we if we kind of follow what we're requiring of liquer stores which is a a similar product it just has a few centuries of acceptance ahead of it so it's different in culture right but otherwise it has the same general impact on the community if you're using the product yeah you know and so whatever we're requiring of liquor stores for security or signage or seems to me to be relatable to this and I generally carried that thinking on cannabis from the beginning it's similar to a liquor store well and I think you know I should probably clarify too um to me these are discussion points these are not hey if we don't do this this is bad these are things that other cities and communities have considered or have implemented within their ordinance this is not written in stone I'm not going to live or die by what's on here and it's in writing so that you have something clear to respond to it's not do you understand what I'm saying I do think the odor language is is for the most part good um only because I think it propels them into the ventilation and mechanical codes that I talked about before um I wonder if staff really wants to be the Oder police though I'm not sure how else we would go about it again you know Woodberry well I know but wood woodberry's got a mountain of inspectors people to go do these specialized things I don't know I two two the over remains plan must be submitted to the city and approved by the city that's one thing for us to approve something but then we're basically requiring Joe or somebody in staff level to go out and whiff once in a while and see how things are going and you know I I just I don't even know what it smells like though yeah I'm sure you don't well and I you know I think there's a question as well what happens when Steph gets a complaint yeah what happens when staff gets a complaint and they have nothing to fall back on well but if then it comes to us if they were required to install ventilation system build at that particular standard all the permits are signed off and then you go there and you find out that they've in reference a restaurant a little while ago it turned the system off yeah which is why the drugstore smells like it does okay um you know now you got something to go with you know because now you've you you've you've broke a code you broke a state statute which is the code yeah May mayor and Council just a quick addition to the odor conversation so yeah um we will of course have the requirements that people submit you their system plans and and verify on all that stuff y um if there was a um uh a comment from the public or a complaint rather um staff would go about that in the same way that we go about any other probably code code violation complaint um but with with Properties or businesses that have a cup we would also explore what the conditions of their cup approval were okay and if there were a violation that were identified of course cups can come back in front of the city council for a review as you as I think all of you know so uh that is what the process would look like for that and specifically with respect to the odor uh situation it would be helpful that that that second sentence under proposed under E1 in the mayor's packet I I would suggest including some type of location so it says all ventilation systems shall be operated to ensure all odors cannot be detected by a person with a normal sense of smell some indication of where the location is that we're supposed to be checking against property line I think would be the the best um the best thing or potentially you know the location of the adjoining business or something yeah okay so if this so I should say broadly uh if the city council would like to incorporate these um recommendations or this this new text um we we might as staff propose a modification such as that to this one okay well let's um let's do this um under the security standards is there anything there that people are interested in keeping or would you prefer the language in the ordinance as written how well are we protected from a loitering situation already we protected at all I'm asking I guess I don't know certainly but we would have to look at the nuisance ordinance you see where I'm going well I I so that the one situation I'm aware of with Washington County deputies is there was a panhandler that occasionally hangs out on the corner and it and it's difficult it's difficult what's what's what's the difference between loitering and somebody enjoying the view or having a cigarette um so it's a tough one to enforce I I I mean you know if this Ling sentence gives us more control again I'm I'm I'm leaning how however we manage a liquor store is really strongly how I feel about this but you know I mean if it's been a problem it's here because maybe it's as mayor mentioned maybe it's problem in other states right um so if we don't have good language and statue already to help control loitering we could add that language throughout our ordinance or we could just put it in cannabis when California initially legalized marijuana and and had the retail establishment there were a number of severe armed robberies of retail locations because of the cash and of the stuff so I think a lot of these rules are based on that where now you know because these operations will probably have a lot of cash and then also product that will be of value so I think and the reality is that the office of canab cannabis management does require a significant amount of very similar security it's not the exact same but very security uh similar with security cameras with a security so this might be somewhat redundant I well I think this might be a little bit more intense but a lot of this is covered by ocm oh um not not all of it I think I think uh Woodberry is a you know number speaks to that it's turned up you know um but but many of many of them are um so and I know you know the question on loitering um this was a number of years ago but there were probably a hundred young people gathered um kind of where Shannon's autog glass is located and was the Amico station and it took an number of deputies to come and disperse that crowd similar situation happened yeah so so we have had experiences where you know we've had to get people to kind of move along from a bu I'm not sure why they gathered there even there was nothing particular I don't know if they were just hanging out I I didn't go down there it was a thing for a while in the Summer with the kids with tuner cars and they were doing burnouts okay on your side yeah I don't know what the deal was down by St so we have we have had you know every 10 decade or so something something occurs like that um but if people want to go back to the language that's in the ordinance as written on security we can do that yeah okay I see yes okay that takes care of that odor um staff has recommended uh adding some sort of location uh language yeah i' say property line or confines of the business something like that yeah I think property Line's a little tougher if you're like next door to the restaurant confines of the business might be better those are things I've I know have are in other ordinances I've had to enforce before yeah I think if it was a business next door it might be nice to know that if I was having an issue or my customers were complaining then I at least could go to the city and get some help and now there's a clear spot where City's supposed to say oh oh here's fine nope here's not and then we can say no that makes sense mayor and Council if I could just add you know if if the council moves forward with that adjustment we would just consider it a little further and then propose whatever that makes the most sense to you okay in terms of location yep and I think we've uh talked about it just being uh so it can't be detected by an adjoining business that's really the big thing when you have to yeah just and again these are things that can be loosened up as we sort of see how things unfold but it's really hard to have this kind of a conversation when you've got a business owner standing in front of you asking for something or or you know complaining complaining about it yeah so yeah with regard to odors my biggest concerns with odors in Newport are santax and the recycle center yeah I would also ask are you are you saying Kevin that within the in the pharmacy you can smell something from the the smoke shop restaurant the is it the restaurant you haven't smelled the greas laden Vapors when you walk in the North Pole the Newport drug I go in there all the time to get meds on oh my god well I see that was my business so I can tell when it when um is it dangerous no it's just not really healthy especially for kitchen staff to to smell whenever you walk into this is a complete sidebar whenever you walk into a restaurant you open the door and you smell grease their their ventilation system has been turned off or otherwise inoperable it's not as and the reason especially in the winter the reason is it burns a lot of natural gas it's very expensive to operate because you got to heat that air when it comes back into the kitchen after they kick all the smelly stuff out and you can spend a lot of money in natural gas every win are doing that so they don't like to do it so they turn it off well living next to the Clover I can smell their their kitchen exactly frequently but it always smells good to me and I go over and have a taco or something so it's trying to draw you in for business yeah yeah so um number two the odor maintenance plan staff do you want that eliminated or left in leave it in I I would like to leave it okay and then um at the council or I Chang that to the city's discretion um the applicant can be required to provide plans that show odor controls so if if it's staff doesn't feel like it's necessary you don't need it if staff thinks it would be a good idea staff can request it okay with that everybody okay with that okay signs eliminated okay so we'll leave the original sign language in noise do we feel like we have good noise control in our existing I would think so we've got every C I mean generally it's just the occasional the biggest one that I'm aware of is the uh no comment but it's it's it's the folks you know sometimes will have highly motivated early risers yeah that are doing high-intensity training Otherwise Known is hit um no so I that that that's the only one I'm really aware of I just do we need to beef up the the noise ordinance frankly I don't I don't think so and and and if if we felt it was going to be these guys aren't going to be any noisier than a drunk in fact the drunk's probably worse well but we can go back to loitering then unless you're thinking that noise is a two-part for loitering is that what you're kind of thinking but we got rid of loitering we struck all of this and we went back to the original language okay I thought we felt like we had enough well you see where this is going wering noise if we're needing to tighten this issues up I mean it should be our nuisance you know it's like should be across the city I mean idea that there's something inherently unique about there is some unique security I get that but if there's if there's a person that's disturbing the piece that is a violation of a criminal law so so that is something where we could have that enforced and we don't need to add it into this code kind thinking yeah so I mean I not to think not to say we're overthinking it but you know I I wouldn't worry about it too much cuz if we have somebody making a scene out there we're going to send a deputy yeah bottom line let's move on to hours of operation then um do we have somewhere in our code that restricts uh retail operation hours I think it might be a state statute uh for the liquor stores um and I'd be very comfortable if it was basically the same think 10 a.m. to 10 p.m. or or I believe it is yeah and I think it might be different on Sunday and think whatever it is I would match lior I'm I'm I'd be very comfortable one time [Laughter] 11:01 okay so if that can uh you know just for purposes of approving the ordinance to will just state that it will uh match uh what is the liquor um hours okay retail liquor store not not Liquor sell retail lior store 2 a. yes okay thank you let me write that down retail liquor okay there are there are things that we can't there are certain hours we can't prohibit we can't prohibit certain other hours so we we have to operate within whatever the state yep no we we'll verify that and I I think we'll try to mirror the liquor retail consist we'll also take a look at the state licensing requirements for these businesses and make sure we're not missing anything hours Wise from there as well yeah we've had the ordinance that was proposed tonight before Council reviewed by the attorneys but once we kind of clean up this we'll probably get one more review okay before we bring it back just that would be my recommendation just to well we're not making much for changes I mean it's just with the hours and I think um with the yeah I mean I'm just you know it feels significantly so significantly is a significant word it is indeed okay let's move on is kind of Lin of the state so um that's fine okay so moving on to cannabis events you said something under your breath well we can't do the same hours as liquor store because it's nine for this oh the state's already got it yeah there that's like the M we can't restrict we can't restrict within those hours we just can't I gu yeah I guess we could be more permissive so we could go to 10 if we went to 10 we'd be more permissive so we' be the late night but they let us do that well they can go longer than this actually so if we went to 10 we'd actually be an hour later than like let's steal a profitable business from windbury here so that late night if you want to 10 so that's what you'd be doing you'd be the one store that might be open then from 9 to 10 want to be that or not is another question yeah right okay so we'll leave that to staff to look up okay the application for license for a special event um do we want setbacks uh from a road or nearby house because some of these where it's allowed we can see is where the red circles are um I'm are the yellow circles right am I reading this correctly Park y there'll be one mayor and Council maybe special events I have a suggestion that might allow you to not have to apply setbacks yeah so first of all with cannabis events we are requiring that they only take place at a location where you have an approved cannabis business so you might have a meso business or a micro business that comes in and says we would like to host a cannabis event they're the only ones that can do it okay um if we say can only do it indoors then the event is limited to being within within an indoor environment and may have fewer impacts on joining and your older ordinances and everything else apply so that might help us to avoid some of these concerns U because I also do have a concern about prohibiting on-site consumption as that may be something that we can't okay so unless the order ordinance again kicks in okay so that takes care of G would we allow on-site consumption at a special event if it's in the business and is that covered under the indoor smoking mayor and Council some of these businesses can receive an endorsement from the state to allow on-site consumption so for a micro business they can have on-site consumption and if they have a temporary event you actually cannot prohibit on-site consumption so in that very specific circumstance that we wouldn't be able to enforce this okay um and I think broadly if we say cannabis event have to be indoors and the orders are controlled and noise to be controlled I think you're probably avoiding a lot of those impacts or those okay so endorsed onsite consumption okay and we've already said no no smoking in our Parks so they can't get a Park permit good point and if they're only allowed at current uh retail locations and I don't think security becomes a question and I I I would say we we still we could still ask I think for a security plan cuz if it's a mega business or whatever the the other large ones I I would just want to make sure if they're going to have a thousand people that they have a security plan I I I would want a security plan so maybe not security shall be present if it's required to be indoors yeah Fire Marshal's Office might have little something to say about a thousand people unless say you have 10,000 square feet absolutely um other things kick in I guess is what I'm saying so I a security plan shall be presented for any temporary cannabis event set for any okay they send the deputies know what's up yeah and then offsite signage to promote the event okay not okay that's okay temporary we have a temporary sign uh section in our zoning code so I know we do but we don't enforce it and we've had temporary signs up for 18 months I go out and enforce plenty of signs in the RightWay not maybe not all of them but but we've got a banner up at the warehouse for temporary uh temporary sign for now hiring oh for about a year now over over a year the one over here for um the egg business was up for over a year so nobody's really following up on on what the ordinance is saying and it's not a deal breaker I mean there are other things that staff uh uh can be doing with that time so um okay I'm okay with it I just wanted to mention mayor several years ago there was businesses that had indoor smoking and hookas for tobacco and cigars and so forth and Newport decided not to allow that kind of business because the crowd that was associated with that was a pretty rough crowd so we prohibited that completely so I don't know if there was anything that went into the ordinances then if so maybe we could look back and see if if we came to the point of having something in record on our records but it is some it is a position Newport took years ago out of concern for the type of crowd that would be associated with those businesses based on what had been seen particularly in Minneapolis so yeah I was I'm not aware of that and I guess that's something staff can can take a look at this was early on when I when I was early in the in the council kind of a fad at the time what's that it was kind of a fat at the time St Paul had a couple of those things going on too it was very Middle Eastern which was part of the problem and that there was some cultural things that we didn't all understand yeah but yes that was acceptable within that culture and and it was but again a lot of people standing around and a lot of smelly small regardless of culture yeah okay I am going to review what I think the changes are for the land use on the land use uh table for mixed use districts MX3 low potency changes from C to n that is change number one um change number two is uh section three development standards which is number three e and we've got some replacement language on the odor and staff will add uh location of adjoining businesses to uh that particular language we will keep the odor maintenance plan item and the uh allowing staff to request uh Odor Control plans so that is basically overall change number two um change number three I think I've got getting this in order is H one which is water and waste water and shall be designed to significantly minimize the use of water feel free to jump in on any of this you guys change number four is hours of operation to match the liquor hours and I just have change number five is a security plan to be presented or a security plan shall be present pre shall be presented for any temporary cannabis event those are the five things I have staff have I missed anything mayor one thing um I I might have missed you saying it but on the temporary cannabis events making sure that we have a a statement under uh nine sorry the um the endorsed consumption yeah making sure that we've got the use indoors okay yep five so change five would be twofold it would be to add uh a provision requiring the Cannabis events to be Endor and it would re also require a security plan to be submitted for any cannabis vent and then um Council I need clarification on temporary signage being allowed or not I I think uh people were okay with temporary signage that would be the third part of change so um I don't think we need to address that at all okay because we've got our sign section already and we'll just rely on existing code for that so five will have two parts the security plan as well as cannabis events need to uh are only allowed indoors okay commercial C yes yeah yeah indoors at commercial retail yeah yes yes commercial grow operations yep okay other did I get everything sounded like it okay questions comments thank you everyone for um a meaningful conversation on this can to have them bring it back for you guys in January do you want to bring it back we can either have the we have two options probably the best one is to bring it back I can put it on the I can have ask Joe politely to put it on the consent agenda if there are no further uh okay concerns concerns yeah I think because that means we can't do 96 then either because we can't do the summary ordinance right we can do half the summary ordinance why not just do them together we can do them together yeah we can just wait on the summary publication resolution until January 2nd so we can put both of those on consent right thank you your registration ordinance technically won't be legal until the summary publication is published but considering all the factors going on here I think that's we'll be fine not really Ian now Bill and Tom might be getting off Council and state still hasn't figured this thing out yeah two years from now yes okay thank you um staff uh for your hard work on this and um I appreciate all that and again thank you to the council as well uh for working through that this is new uh to the state and to the City of Newport um next on the agenda for the administrator is a closed session uh before we do that I'd like to first ask if there's anything else uh that our administrator would like to share under this I think you wanted to talk about uh the training correct mayor members of the council uh Washington County Emergency Management did Reach Out uh to I believe uh y'all and the city asking that uh there is an emergency training for elected official roles and responsibilities this is being held in Still Water um the two remaining dates are January 9th and February 18th and I know there's some conflicts with different members of the council but I would encourage everybody My Hope was maybe we could all go together I don't think that's going to be possible but I would strongly encourage everyone to to try to sign up please just uh let me know and I'll get you signed up I I think it it'd be worthwhile and it's one of those things where um it's better to kind of have that training and and have a good understanding versus not and and of course we're continuing to try to do that but just wanted to make sure I brought that up with the council okay and that training is 6:00 to 8:30 p.m. correct for people who are marking their calendars okay um and I'll also do mayor and Council reports before we go into close session um is it Our intention to send our videographer home okay because there may be um formal council action taken following the closed session is it required to be televised I don't think so I don't think so it's just a nice idea but yep yeah okay we could send them home okay so they're with that said I the only consideration for Council I did make sure it was on the agenda um granted there are some sensitive items that depending on the decision of the council I did not uh have to share the purchase agreement or or the but I wanted to know that that is a consideration and it is there the resolution approving the Pomp's purchase agreement but there's some details in there that are considered um uh confidential and and can be closed so okay but that is up for consideration and that could potentially be uh approved by Council so I just kind of want to clarify uh for for people who may be if you're still watching after the uh cannabis discussion kind of uh the process that I think we're end up going through council member suar you had a hand up I wanted to say that I did attend that meeting on the disaster training last night and okay it was a lot of detail about individuals that are involved and steps that need to be taken sequentially in order to apply for and uh earn um disaster reimbursements and so so forth so I think it's important that we attend they didn't have handouts they're supposed to send them they haven't sent them yet I would bring an ability to take notes and hopefully we'll have it in a in a method that we can can have it available at the city level but it's it's it's it was worth worth going to and certainly very important for us to understand those necessary steps in order to apply for or what to do in a disaster and how to identify what what they consider a disaster at different levels okay thank you Bill for that kind of primer on what to expect yeah um Joe did you have anything else before I move on to Mayor and counsil comments uh mayor and Council I don't believe so but I'd be happy to stand for questions any questions for Joel nope okay so um for mayor and Council comments I did kind of run through uh you know what I wanted to say about what a great step we have here with the water main break um I do also want to let people know uh we're going to all the dog park is open the sign is up we believe we're done with all of our work there and so feel free to go and use it we are going to postpone though our official ribbon cutting to April 17th probably about a 3: to 5:00 p.m. kind of a uh time frame we'd like to do uh maybe get a food vendor out there and maybe have some um other pet related or dog related businesses there as well as some snacks and it just seems like it's a little cold to be planning something like that for December so uh the dog park is officially open and we'll do a formal rib ribbon cutting then um and I also mentioned Kevin's reception coming up and I do want to thank Kevin uh for all of his assistance to me as a mayor and his experience um on this city council as well as was being a mayor for Newport he was really an important resource for me and I came in with a lot of city government background but Kevin came in with a lot of elected official background that I didn't necessarily have and he was a great guide on how to respond to uh citizen questions that I was getting and I wasn't quite sure who to go to or what um a good reply back I wasn't quite educated enough on on all the things going on i' I'd like to think I've improved a little bit over the four years um exponentially and very quickly well thanks you really didn't need me as much as you thought I wasn't fishing for a compliment but thank you um but you know the city has uh We've really been served well by Kevin over the years and um he's made a Mark um here that is uh really valuable as we move forward and really all of this work with uh p M contamination Kevin has been front and center on that almost from the very beginning he is one of the very few people on those um work groups that has some of the longest history of that so you know Kevin I just want to thank you both as as a mayor and as a council member and as a friend for everything um that you've done for me personally for the city organization and for the community and the residents it's um it's been more more than you'll ever know thanks yeah you're welcome with that Tom I have nothing to say beat that Kevin who yeah you and everybody does not have to go into this believe me well it's our it's our last shot at it really Marv thank you thank you to Wendy too and I I'll look forward to canoeing past and and taking your brain as go by anytime Riv you can stop in and have the glass of wine and chat council member some oh I attended Library events and I want to thank council member Taylor for also attending and supporting the library I attended meetings for the pigy lake dump site I attended meeting for the citizen advisory committee we talked about several things and one was including the use of the grit for the sidewalk traction there were bags available in the city hall entryway and they're all gone and that's pretty much been the acceptance across the county a lot of people have have taken that and used that in in place of having salt on their walkways and so forth they had an interesting slogan it was come and grd it so that was something they worked hard on and they're looking now at ways to increase public awareness of the work that the Watershed District does and then I attended the disaster training as I told you about a moment ago those are things I've enjoy doing for Newport thank you Bill um with that uh just on behalf of the council um best wishes this holiday season to everyone however you celebrate or may not celebrate um this holiday season um and have a have a great a great couple of weeks here as we do the holidays and the new year so with that I'll start on the um long script for closing a public meeting um so the agenda item is May before you go yeah would anyone else like to take a break a quick break can we do that yes before we start into this because once we do then we can't leave okay so I think because we do have to get all of this on camera to close the meeting okay um however you want to do it but I think she's right we'll get it closed and then we can yeah so for those watching from from give her a few minutes to leave that perspective yes um we're going to close the meeting we are going to then take a quick 5 to 10 minute break and then we will come back to our closed session okay so with that um the agenda item is a closed meeting uh pursuant to Minnesota statute 13 d05 subdivision 3C to develop or consider offers or counter offers for the sale of property located at 1846 4th Avenue and 21333 Avenue um the legal basis to close the meeting this portion of the properly noticed meeting of the Newport City Council will be closed pursuant to Minnesota statute section 13 d05 subdivision C do I have a motion to close this portion of the meeting I'll make that motion second I have a motion from council member chapalain and a second from council member ingan any further discussion all those in favor say I I those opposed so the city council meeting is now in a closed session and the time is 7:32 p.m. only officials and Consultants of the city who reasonably require access to this data may be in attendance at any portion of this meeting for this agenda item and so with that we are closed and we