Okay. So, we're going to call to order tonight, uh, October 2nd, 2025. Take your time. She's just saying, "Take your time to fill up the comment card." >> And, um, that was my own voice. And it's a little much. Uh, we're going to begin with a roll call. Uh, Commissioner Lind >> here, >> Commissioner Zachman >> here, >> Commissioner Harri, >> Commissioner Kaziki >> here, and Commissioner Brum is here. And then I'd like to invite you all to stand and say the pledge of allegiance with us. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> That takes us into our agenda approval for tonight. So, unless there are any changes from staff or the fellow commissioners, um we can I'll entertain a motion to approve tonight's agenda. >> Second motion. >> Okay, I'll make the motion and then >> and then um Commissioner Kazaki seconded. All those in favor say I. >> I. >> And anyone opposed? >> Okay. And next, we're going to move on to open forum, which is um the opportunity to be heard on an item that is not on the agenda tonight. So, if it's not a new business item, but you just wanted to bring something to the attention of the planning commission, this would be the opportunity to make those um issues known. It's not an opportunity to debate. Um but it is absolutely an opportunity to be heard. So, if there's anyone here tonight um who wants to address the commission, you may come to the podium. I don't believe we have any cards related to open borrow. Okay. So, I'm assuming then that we're going to move into the um rest of the evening because folks are here for specific items on the agenda. All right. Um that takes us into the approval of minutes from September 4th meeting. Is there anyone who wanted to make any notes or comments? >> I'll make a motion to approve the minutes. Okay, there's a motion to approve the minutes. Um, and I'll second that motion. Before we vote, the only question that I had or comments was, um, is there any reason why it would be beneficial to include the, um, information that's actually discussed during the council update in the minutes? >> That's just a section that I noticed is blank. I'm not like trying to make more work for anybody. I'm just wondering is that ever anything that is beneficial for you guys to have reviewed? >> Very in favor of that idea. >> Okay. So if that if that's possible. Sorry. And I guess like not the calendar stuff, right? I think it would just be like if there's is um an issue. Yeah. Okay. All right. Um so we have a motion. So all those in favor of approving the minutes from September 4th meeting um say I. And anyone opposed? Okay. And that brings us into our new business for tonight. And so we're going to begin with um item 6A, which is High Point Garden site plan and interim use permit, city file 25-033. And we will begin with a staff report. No problem. The first item on our agenda tonight is the first agenda item tonight is for High Point Gardens. All right, I will be it is a site plan approval and interim use permit. The applicants are Nathan and Joshua Adams and their business is called High Point Gardens. The location is their residence at 211020 County Road 10. It is um indoor cannabis cultivation is a permitted use in the rural residential district, but does require site plan approval and it is only for state licensed businesses. As a part of the request, they are asking that they don't have to put in a parking lot. So essentially to reduce the parking requirements down to zero and that is allowed through an interim use permit. um as long as there's documented data to suggest that their business model does not need that parking. So the uh business will be located within the basement of the existing home on the property. The total footprint of the uh business area is 695 square ft. There are no exterior changes or expansions being proposed with the application except for additional landscaping which we will touch on in a moment. The the business will be managed by two brothers who live on site. They have no plans for initial employees. They did note in their narrative they could in the future have employees or interns. Um but there is no retail component at that. They will disclose vehicles that they will be using to distribute their product offsite to licensed downstream businesses. So there will be no customers coming to the site. they are using their personal vehicle to bring the product elsewhere and there is no retail component. Uh so the site plan a few things that were noted is they do not discuss exterior lighting. However, my understanding is the strategic lighting may be necessary for effective security. So, uh, a proposed condition of approval is for the applicant to provide lighting specifications and a photomeasured plan to confirm compliance with the city's lighting standards. Also, based on the business footprint, one additional overstory tree and three understory shrubs are required. Um, and working with the applicant, we identified that it made sense to locate these in the southwest corner to provide some more screening from the house where the business will be located. Uh, they have an east west alignment. Uh one question for the planning commission is do you prefer a northwest alignment or you okay with that east west alignment? They are showing three trees but that was based off the incorrect calculation on my end of the initial application intake. Based on the square footage of the business they would need three shrubs and one understory uh over story trees. So you do have to update the landscaping plan to try to account for that additional shrub. Um and there also some additional um additional clarifications that they will have to provide to the city for the landscaping plan that are handled as conditions of approval. That includes the species of the planting, the size at the time of planting as well as just use of the city detail plates on the uh site. And then as far uh the way that our zoning ordinance is written as as it pertains to cannabis businesses, we do have a performance standards section specific to cannabis businesses. Um some of those are more specific to retail operations, but there are a few that apply to the cannabis cultivation. So number one is comprehensive security measures. The applicant provided detailed plans for their security including what they've submitted for their state license. The cultivation area will be ed and secured with smart techn technology provided by Right Henipin Co-op. Security cameras will be located on each side of the house to be able to see what's going on on the the entire premises leading up to the house. And then they also will have interior cameras within and leading up to the cultivation areas within the house. They also have to have adequate ventilation to ensure no odor is detectable from the exterior of the building. The applicant is proposing approved carbon filter air purifier that's rated for large spaces. No exterior venting is proposed and they also be using a plastic uh barrier on the walls and ceiling to insulate and act as an odor barrier. They also intend to complete regular perimeter checks to ensure no odor leaks and will respond to any odor complaints from neighbors as part of the business plan and that is again what was submitted to the state for their state license. Uh they also have to have a waste disposal plan. Um and again uh they also have to have this with the state. So what they provide to the city matches with their state application. Cannabis waste will be made unusable and unrecognizable before disposal and trapped in a statewide system. Will be placed within a sealed and labeled container with a designated access controlled within a designated access controlled waste area until final disposal. And final disposal will in will involve composting all trimming trimmings and plant matter. Um and it will be mixed with organic matter to decompose uh the organic matter with food scraps, yard waste, cardboard, sawdust, use potting soil, things like that to um use it into just general compost. Um and then they have to do final disposal within 7 to 14 days within the regulatory storage time frame. to call that out in the plan as well. To address potential odors from cannabis waste, they again will be putting organ organic waste within sealed containers until time for de decomposition. Um they'll utilize composting methods that minimize odor release and then the waste will be grinded and mixed with other organic materials. uh location. Uh we have a buffer requirement so that cannabis businesses are not located within so many feet of other uses, specified uses. Um based on available data, the location is not located within a thousand feet of a school or 500 feet of a daycare, residential treatment facility, or a public park that has an attraction that is regularly used by miners. So they do comply with our location requirements. We also have a requirement that uh cannabis cultivation within an accessory structure be set back at least 100 feet. This is not applicable to the current request since the business is located within their principal structure their residence. Um finally, signage must comply with court code and must not depict cannabis leaves, use slang terms for cannabis or appeal to minors. And they are proposing no signage. Their intent is to be as discreet as possible. Um so one of the bigger issues is the matter of parking. Uh per our zoning ordinance we are supposed to use the most similar use that we have called out on our parking table for the formula that in this instance it' be manufacturing processing or fabrication which requires eight spaces plus one space for each two employees and with a minimum of eight spaces plus one per 500 square feet of area. So with this in mind, they would be required to have 10 parking spaces. The applicant did provide proof of parking for nine spaces within the existing driveway. And there are approximately five spaces today within the driveway in addition to their garage party. These are informal spaces and I would not call this a parking lot but this is just to show that they can fit that amount of cars within their existing parking lot and it could expand I'm sorry existing driveway and the driveway could be expanded to uh have three more vehicles at least. Again there was I had a misunderstanding of the footprint of the uh business space when we initially did the intake of the application. They provided proof of parking for nine spaces. It should be 10. So condition of approval is to update the site plan for that additional vehicle. They also have to dimension the parking spaces as well. So uh section 1060.060 subdivision 10 allows for parking space reductions approved as an interim use permit when it can be demonstrated there is a demand which is less than what is required by the parking formula. Based on the documented business model and residency of the applicant, the request is to reduce the formal parking requirement to zero spaces at this time with parking accommodated by the existing driveway. Again, there are no initial employees expected and there are spaces for at least three additional vehicles in addition to their two personal vehicles that will be associated with the distribution of the product and there will be no customer traffic on site. So, uh, that does suggest that it would kind of be overkill to have a 10 space formal parking lot on the property. Conditions of approval for the interim use permit. Again, the interim use permit is specific to parking. Um, it is not, just to clarify, the cannabis cultivation itself is the site plan approval. It was permitted. The inter lease permit specific to parking. Um, so the conditions of approval would be that there are no park there is no parking on county road 10 or other public streets. All parking must be accommodated on site. If parking demand will exceed five cars at any one time, the applicant must submit a site plan amendment for city approval. Construction of a formal parking lot compliant with all parking performance standards will be required at the applicant's expense at that time. And then the IUP is subject to inspection by city staff once every three years and or upon receipt of a parking complaint. And then the site plan must be updated to provide proof of parking for 10 spaces as I mentioned. And then the interim use permit uh has a sunset clause and staff proposes the following as part of that sunset clause. This is when the IUP would expire. Uh property is sold or transferred to someone not associated with the property at the time of this application. The property is no longer homestead. Parking demand for the cannabis cultivation business exceeds five parking spaces at any one time, including their personal vehicles disclosed for distribution. The cannabis cultivation business ceases or it expands and the city determines the parking demand will increase and or the cannabis cultivation business fails to meet the city and state requirements. Staff does recommend that the planning commission open the public hearing and take any testimony. And we do recommend approval of the draft resolution approving the site plan and IEPs. Um, if the planning commission finds the standards for the IUP are not satisfied, the site plan should still be recommended for approval with the condition that the site plan be amended to reflect a 10 space parking lot. That means also the standards. Uh, that would also then trigger a requirement for a grading plan and a site improvement performance agreement and a financial security um to ensure that the parking lot is constructed. Thank you so much. Um, what we're going to do now is move into our public hearing portion related to this specific business item. So, comments are limited to in-person participants only. Um, and if you filled out the card at the beginning, we're going to uh call you to the podium first. Um and then it is an opportunity to make your um uh feelings on the subject note, but it won't be an opportunity to get uh questions answered. So feel free to answer your questions. We will make note of them and at the end of the public hearing then we will um have staff address or the applicant has an opportunity to speak as well. Um so just want to make sure that you know that you're welcome to ask the questions. We just won't be able to address them immediately. Um and then we will limit it to approximately five minutes and that's just to keep our meeting um going tonight. So with that being said, do we have any cards related to this >> new business item? No. Okay. So then what we'll do now though is allow anyone who's here because we don't want to miss anybody who's here the opportunity if you want to bring your cards up that's totally fine. It helps them with the public record for name and address. But if there's anyone here who didn't get the card um submitted but would like the opportunity to speak, we just invite you up to the podium and you just state your name and address for the record and then um feel free to share what you will. >> So I'm so sorry but It's not very good. >> You can correct us at the mic. I would I would love to hear the correct pronunciation. >> Name and address. >> I'm Greg Wikowski. Uh I live at 2140 County Road 10. I'm right next door. Um I didn't really know anything about this other than the letter we got. Um, if I heard correctly, all this growing is going to be done in the house in the basement. >> Correct. >> All right. I was I'll be honest, I'm not tickled about it. I realize it's legal. Um, I was kind of under the impression it was going to be outside. Um, you know, grown outside. I have a long driveway right next to their property and I I don't know anything about pot. Um, I had a little fear that some people would be driving up my driveway and there's a wooded small wooded area between my place and their place and driving up my driveway sneaking in there grabbing some of their pot. I don't know anything about pot. I was talking to a friend and they said, "Well, it's a really narrow window as to when it's ready, blah, blah, blah." So, that doesn't seem to be a concern right now. I I'll just say I'm not tickled about it, but I realize it is legal. I'm just kind of voicing my opinion. I am a little puzzled uh when they say that there's maybe going to be one employee uh you know in the future. I'm not I'm really kind of puzzled as to the parking lot issue. Um seems to be a big issue here from what little bit I've heard. I kind of don't understand that. Um, I guess that's about all I had to say on it. I'm I'm not tickled about it. I happen to know the father. I get along great with them. I've never really met his boys, but um, yeah, I guess that's all I had to say. >> Thank you, Greg. >> I apologize, Jody. Hi there. I'm Jody Lucino from you guys. And I don't love public speaking. So I'll make this quick. Um I didn't know really anything about it also like Greg said other than the letter that we got in the mail. So I came to learn more but um don't love the idea for several reasons. Um one of the thing that kind of caught my eye was a phase one. So I don't phase one I understand phase one I think but that doesn't tell us what what the rest of the phases are going to look like. Um another thing is mentioned the security measures. I don't understand the risk around it. So knowing that we need that you guys need to put in trees and stuff. I don't understand why I don't know what why you would need to do that. Um because what are the risks? I would love to know that. Are there risks associated with it? If we're not if you're not able to go within thousand I don't remember thousand yards or whatever from a school. Um my kids are home. We homeschool. So that is a concern for me also like who's coming in and out of my area. I moved to Corkran to have a safe place for my children and I want to make sure that's a a continues to be a safe place. Um so I'm with Greg on why is parking needed if there's no employees. Um and who's monitoring this is there is it being monitored I don't know again my a lot of unknowns and I so I'm you know with with waste management with what it's going to do with runoff all of those things um so so I'm not excited about it so just that's it thank you Jod >> is there anyone else who um those are the two cards that we have but is there anyone else who wants to um make public comment on this item. >> It's okay if you can just come >> questions and comments. >> It's okay. You can ask your questions. We just won't be able to ask them. But if you could please come up to the mic and state your name and address for the record. It just helps with um our note takingaking. And then we also have viewers at uh at home or online. >> Okay. >> I'm Anie Burkstrom. I live on County Road 10 21250. Um, so I came tonight to learn um I just sort of heard through the grape vine of of a a business what's potentially starting. So I'm I'm happy to be having the discussion about what what the business is is not things like that. I think you know like I said I do have a lot of questions. So I would love to get into that tonight if if it's possible. But you know, one thing that I recently have was in uh participating in this year was a different interim use permit um uh hearing and and case and it was one in which was was approved. Um but as a resident of County Road 10, I I want to understand maybe more from the commission, the planning committee as well. What are the intentions about inner muse and how it how it lives? I know this one is a sunset program which is a little different than the other one, but I think a lot of us have moved to Corkran to be in a rural residential area and this is now two in three months that are potentially being granted interim use permits for small businesses. I I think this is an interesting precedent that could be set not only with the previous but also a second one now. And as I think back of other cases in the last three years even there are other other small residential home businesses that have been proposed that have been denied by the city of Corkran. So I I want to challenge this team here to understand and be very clear about what is what is acceptable and why and what is approvable and why not. Uh because it feels very inconsistent to me. Um I just had a couple other notes here. Um others were others were questions. So while I have the mic, can I ask them or no? >> You're welcome to ask the questions. We just cannot answer them until we have moved from the public comment. >> So uh my question would be how far off County Road 10 is the house business? Um that has everything to do to me with the traffic and parking situation. I'd like to understand that. Um, not that I'm trying to get into the details of the business. I I I work for corporate America and so I just have business questions, but you know, how many plants are we really talking about above and beyond the allowable residential um quantity as well as can can the party disclose a little bit more about their distribution model? I mean like how how much traffic are we talking? Is are you dropping off to your, you know, customers or are they picking up? I I think I would feel more comfortable understanding a little bit more about the in and out of what's going on and and frequency. So I think that's what I have for now. >> Great. Thank you so much. >> Yeah. Okay. Thank you. Is there anyone else who uh would like the opportunity? >> Yeah. >> Uh so you are the applicant, so you're actually given a separate amount of time to address and answer some of the questions that come from the uh public and you don't have to get down. Uh anyway, we'll talk about that when it's your turn to come up. Yeah. If you could just state your name and address for the record, that would be great. Sue Dublin, 21,000 County Road 10, and I live directly beside and behind the questionable property here. Um, I've lived in Corkran 50 years. Um, we moved out here that long ago exactly, almost to the day. Um, it was the 1 of October. Um really Corkran keep Corkran rural was the statement was the by line back then and it was it was really beautiful then. Um you needed 40 acres to build a home and of course that's been shrinking. Um not much we can do about that. But we we really my family and I we do not want the character of Corkran to be permanently changed and it would be with such a business we're talking about here tonight. Um pot is a mindaltering drug. Um it's it it has to do with the ruination of families, individuals, property, property values. They always plummet in the area where something like this goes on. Um so mostly I want to talk about uh the character of the the city here and the safety Um, I live on a long narrow road back into the woods and if such a business were to get going, I don't think I'd ever feel safe. Um, the purpose of government is to keep its people safe. And I think the people in the area close by like I am and some of the rest of you here um would we would be at risk I think living this close to something like this. It's well known. Um we talked about the risks here tonight and all the safety measures. Um, it's just incredible what you have to do around it in order to keep criminals away. And criminals don't always get to the right house. Even they are known to um harass and do whatever they want to the house next door if they get to the wrong house. They don't always know where they're going. They know the area, but they don't always get to the place they want to go. And I don't think I would ever feel safe again in my beautiful Corkran if this were to come. We don't need to change the nature of Corkran. There's no need for it. Another commercial business. Corkran is supposed to be rural. It's been that way for decades. It's never been any different. It's been a beautiful farm country. And I don't know why we're even considering putting businesses out along beautiful County Road 10, let alone a business like this. I just don't think it does anybody any good to have a business like this established out near Corkran in my place out on County Road 10. So I'm against it. >> Thank you, Sue. Okay, last call. Is there anyone who is speaking on this agenda item or would like to make public comment? >> Okay, so at this time I will make a motion to close the public hearing. >> All those in favor say I. >> I. >> And anyone opposed? Okay, that's just to closing the hearing. So, what we're going to do next is we're going to allow the applicant um or applicants to come up to the podium and we're going to limit you guys to about five minutes as well. Um what my uh when we move into the commission uh discussion and uh recommendation time, we may have additional questions for you um and would invite you to come up to the mic at that time. But during this five minutes, feel free to address um questions. But also um that can be done. You don't have to do that in this um format. All right. >> And if you could state, they don't have to say their name and address. >> Okay. >> You don't have to. You can state your name. It'd be nice to know which brother you are. >> Yes. Hi, I'm Nathan Adams. Um first of all, I'd like to apologize to our neighbors. um we've been so wrapped up with getting this business going and uh that we didn't even really come and talk to you and for that we apologize. Um you all made very valid points. Uh I respect all of them. Um first of all I'd like to address the parking. Um there will be no parking lot. There will be no customers coming in and out of our residence. um that will be just for us to transport um to uh when when our yield would be ready and that is only going to be twice a year. So it'll be very discreet. It's in our business plan to be very discreet. Uh we plan to have more shrubbery to block anything. We have very tight security um uh to monitor everything. Everything will be lock and key. No one will get in besides authorized access, which would be me and my brother Josh. Um, so traffic, there will be no signage. It's really just a garden. That's truly what it is. Um, I'd also like to address um like this is a medicine. This does help people. It's been proved to help people with depression and with PTSD. And the state recognizes that and that's the way we view it. We don't we as well don't want any crime. We don't want any signage. We want to live in plain sight and um help people. And that's what we our mission is is to help people. So um with that, I'll kind of give up my time. Um, also if you guys have any questions, we're more than happy to answer anything and work with you guys to uh kind of get this done and uh kind of fulfill a dream of ours. So again, I apologize for not coming to you earlier. Uh, but we are more than more than happy to, you know, do what we need to do to make sure everyone's happy. So thank you. >> Thank you. >> Um, I think if if uh if you want to address in particular the reason for the interim use permit like give a quick explanation on what that is. Um I think that would be helpful and then any of the other >> Okay. >> Yeah. So an interim use permit is a permit that's temporary in nature. So it is a way to um grant particular uses that also again have that sunset cost. So, it is different than a conditional use permit, which I think is what um one of the speakers was speaking about tonight. Um in that it does have a sunset clause um and it does have an inspection requirement to once every three years is what we typically do for interim use permits um which is a bit different than conditional use permits which run with the land in perpetuity. So, that's the main difference. Um and we do have a several different interim use permits that we allow uh in rural residential including event centers, aggra businesses and home occupations. So um we have in recent years have recognized um not only do we have agricultural businesses operating in our rural residential area. We want to allow residents that have land and a business idea that maybe they're not ready to go into a commercial and industrial area but has a limited impact on the surrounding area that it might make sense to allow for that economic development in the rural residential area. So we have a few different businesses that we allow in that area and then indoor cultivation is now one of them as well. Um and that is a permitted use by right. So the the interim use permit tonight is not for the cannabis business. This specifically to allow them to operate without a parking lot. The idea being that a formal parking lot would be disruptive to the character and is unnecessary for their business model. Now, if they had customers coming to the site, if they were open to the public, which they can't be for what they're proposing, but for um for an event center or something of the like, they would have people coming to the site, we do need a parking lot to be able because of the traffic that would be at site and need to be accommodated for. This is different in that it's two brothers that would be operating in a a location that they already live at. their vehicles are already there. There really is no need for 10 more spaces in a formal parking lot with curb and pavement. So, um it seems more disruptive to the character to require that parking lot. The IP allows us to wave that, but it also allows us to revoke it should parking become an issue later on down the road. So, that really is the high level there. Sorry that that didn't get come across well enough in the initial presentation. I was trying to talk quickly and um the other couple questions that I can answer right off the bat, they talked a bit about their distribution model. Uh everything that they submitted to the state and to the city has said that they have no intention of any customers coming to the site. Um that it is simply that they would need the parking amount for the two brothers, potentially an employee in the future. We have a little a couple parameters that we set up to allow for maybe an employee or two, but if it were to be something where all a sudden they do have some in place, we have to re-evaluate that. Um, but the distribution model, they would have two personal vehicles that they would disclose to the state as well as the city uh that they would use to bring their product to their downstream customers that are licensed with the state as well. Um, and that's again they said twice a year that would happen. So the traffic to the site would be minimal uh because they're already coming to and from the site as people who are um how far off of county road 10 from what I can tell it's roughly about 280 ft uh from county road 10 the house location uh there are no runoff concerns engineers did take a look at this and there are no runoff impacts uh and there is no changes that they're making to the physical site any changes would be specific to the interior couple of landscaping requirements and that's just because that's what we required by code. It wasn't a security measure although it certainly can act as that as well. Um and but yeah because they're not proposing any parking there is no runoff concern at this time. uh who is monitoring would be Wright Henipin for security and then the city and state would also be doing inspections as part of the licensing requirements and as part of the IUP for the parking. Um why is parking needed if there's no employees? Again, the request tonight the IEP is so that they do not have to put in parking because there are no employees at this time. And uh the security measures are simply a requirement by state. We also have some city requirements as well. Uh but that is I think it's to basically get ahead of any risks around it. Um if the intent is not necessarily that we're saying that it's so dangerous it requires that but we are saying this is new. We want to make sure that we're setting it up for success and so they have put security measures as part of the licensing for this type of crop. Um and as far as the future phases. So at this time phase one is the only that is being improved as a site plan. They did kind of give us an idea of what phase two looks like in terms of potential expansion to an accessory structure building. I did put in the staff report that what they're proposing isn't going to work with our um at this point that phase two isn't going to work with some of our requirements. Uh so we will have to look at that when they whenever they are ready to proceed. They'll have to make some changes to be in compliance with our zoning ordinance. And so they're aware of that. Uh that was something to to have it earmarked. Um to be transparent with the city and the community with their plans. Uh they are allowed, my understanding, under their licensing, they're allowed 5,000 square feet of grow space. And I might not be saying that correct, but that's my understanding. Um but that also includes anything that's stacked. So if they stack, that also counts. So in terms of like if they have like a Yes, it's cubic. So it could be that it's a small it's not that a 5,000 foot building would be built. It could be smaller building that has gap in as well. Um I'm not aware of any small residential home businesses that have been formally denied. There's been there have been like some back and forth. There was one IP where they were proposing it as a home business. Um and then it became aware that he wasn't living at the property and so the application was cold and they decided not to proceed with a place of worship. which would have been the other route for them. Um, but I'm not aware of any small residents of home businesses formally denied. Um, in my short tenure here to be clear, Kendra might know of some. Uh, but I again there has been uh I would say in the last few years there has been several discussions on how to allow for economic development and for people to be able to harness their land um for their income. So I think that that maybe might be why there may be a slight some of the philosophy you're seeing as we're trying to make sure that people have uh the freedom to prosper um while still trying to keep it in the rural residential character as well. >> I think that's everything but feel free to let me know. >> I think you've covered it. Thank you, Natalie. Um, at this point in time, we're going to open up for commission discussion and questions, but I just want to clarify when she's saying this is something new is that in 2023, the Minnesota state legisl legislature passed this through as a part of their omnibus bill. It was actually May 30th and then the the legalization of cannabis came into effect August 1st of 2023. But it was um uh a surprise to cities because cities were not prepared. And so for a year most cities put a moratorum on issues surrounding um cannabis and that was because they had no language that regulated it or um put standards around it. And so uh that moratorum expired at the end of 2024 for Corkran I don't know the exact date I apologize. And so this is um the first um application we've had for cultivation I think for anything related to cannabis because we have had no applications for um for even retail spaces. So, with that being said, um this w this was pushed down from um not just the city like this is not the city of Corkran initiated this um type of um exploration into uh code language. So, I just wanted to clarify that for um for folks that are here that maybe just don't have the history of where we're at with this issue. And at that point in time, I'd love to see if there's a commissioner who wants to start with their questions or discussions. >> Could we also clarify for the audience um how many licenses we're allowing as a city? >> Well, that actually gets into some of my concerns, but my concern tonight is not particularly for the applicant. My concern is because I think that this was pushed through with a nearsightedness. Um, so all that to say there is a limit to two retail licensed retail spaces in it gets more specific like this. >> Yeah, for retail we had authority to limit. >> Yes. >> Um, and I believe it actually just one. I'll double check, but I'm pretty sure we actually went down to one and then one license for um less potent like edible and cannabon, but one full retail um So that I I'll double check, but I I think we limited to the fullest extent that we could. Um, >> however, >> yeah, the city attorney did uh not advised against limiting anything other complaints because there it's clear that we have statutory authority to limit. They put that in the stat in the statute. They did not say that we could limit anything else. And the way that it was written, we're not able to put higher standards on than what they basically are preempting C from overregulating it to so we have they give us some ability um but cultivation and other aspects we are not don't believe that we have the limits at the time and so I'll say that my concern related to that is in the state of Massachusetts which actually was one of the earliest states to adopt legalization of cannabis 10% of their electrical consumption comes from indoor growing of cannabis as a state and Denver alone just the city is 4% of their total electricity comes from indoor cultivation and that's because this plant is not meant to grow naturally outside. So predominantly like 90 89% is indoor cultivation. I think Washington state because of their temperate climate. This comes from the Vermont um University of of Vermont law um school is where the research comes from. But they Washington has a more temperate climate. So they happen to have a larger outdoor cultivation than most of the standard states that legalize it. So I am also uh I mean I share the same power grid, right? And so my concern is not necessarily specific to this application in this night, but I'm concerned that as a state, this is something that we didn't consider or um or talk about how we were going to manage, especially with the rising costs of electricity and sort of a lot of questions around how we're going to continue to maintain a stable power um grid for our residents and state, especially if we're considering um green energy, which hasn't been proven to provide enough energy. So that that is my concern. Again, I'm just mostly saying it because if you're somebody who shares a concern, I know it's it there's nothing that anyone in this room can do regarding that. Um so I understand that it's sort of just paper at this point in time. I I want to just check with Natalie really or Natalie Lindsay, Commissioner Lind to see if she wanted to because I just ramrotted that in there. I apologize. >> No, I wanted I wanted to just make sure. So, all of that to say, we cannot um or at this point in time don't feel like there is an opportunity to regulate the number of cultivations. >> Yep. I just wanted everyone to be on the same page with that. Okay. >> Okay. >> Did you want to say something? >> Yeah, Madam Chair. Um Natalie, correct me if I'm wrong. Also, retail sales would only be done in industrial. >> No, we did where did we settle on that? >> Commercial. >> Commercial. allow for indoor conservation in industrial as well, but retailing and commercial and we separated that out. So technically a micro business license could allow for some retail, but we separated it by zoning and we did have authority to do that in this. >> Yep. And madame chair, you you spoke very well. It was extremely difficult for council and the mayor to accept the responsibility of doing this. I still have a problem myself because it's still a federal crime. So just some of the things that we're dealing with. I know I've shared that back when you guys first came to us a couple years ago. So just everybody, it is some crazy territory. Thank you, Madam Chair. >> Yep. Thank you, Councilman. Um does anyone want to take the lead? I can continue or we can uh I'd love to let you guys go first. Okay. Yeah. >> Do I I noticed on the lighting there wasn't much information. Is that forthcoming? >> Yes, that was handled as a condition of approval. So, I will I did ask for specifications on lighting proposed to make sure that the cameras are effective. Um and then a photoric So that it's um that it's at the property line the glare is very minimal. >> So what would the what would the lighting level what would be the acceptable lighting level at the property line? >> So per our current ordinance it' be one candle at the property line. >> Yeah. One foot candle. And um but I think again I know that their intention is to be discreet. So I don't know that we would necessarily need the lighting to be that significant that it would be that much at the property line. It just needs to be that the camera can pick up on movement. >> Understood. >> Does anyone else have any I mean I have some questions so just Okay, I'm No one's jumping so I'm going to ask. Okay, so in Minnesota because we have freezing temperatures in the winter. I am curious how large your compost pile will be so that you can still maintain an active compost in those cold temperatures because I know what the approximation is supposed to be for size and I just want to make sure that you guys are aware because it's difficult to maintain that heat that's necessary in order to compost and with a 7 to 10 day storage disposal it's entirely possible that if it's not an actively composting pile then you have material just sitting there for a longer period of time. Do you know >> sorry if you Yeah. >> I mean we know but go ahead. >> Um uh so yeah I'm not exactly sure as the size of the pile. Um if needed we are able to take that uh pile indoors necessary and indoors. We have detailed in our plan that uh >> the grow room and D room when they're not occupied can be transitioned into other types of rooms. So if it is if it's necessary we can bring that inside to maintain that continuum. >> And I'm not familiar with the application process that the state requires but I'm assuming it's rigorous. Is that something that they are asking you to detail or no? They're just as long as you say verbally or in the contract that you're disposing of it. Correct. That is satisfactory for them. >> Correct. They don't have any set like size requirements or anything like that. It is still very vague. Um, as you said, this was approved about two years ago. So, has been very slow, walking every every little detail of every little aspect of this business. Um, we're trying to stay as forefront to it and as transparent as we can with you guys, that we're all on the same page and have it all kind of the same information that we're going off of, but yes, it is very kind of hazardly, >> right? And that's just what I want to highlight. So, um, but just for the the record, approximately 5 cubic feet is what's needed for the size of a compost pile in order to maintain an active compost outdoors in a Minnesota winter. So, definitely possible, but like that's a large compost pile. So, um, but thank you. >> I appreciate that. And then, um, as far as plantings, east west alignments, I am fine with. Um, I think if you have for those who are neighbors as well, we all know it is tucked back there. Um, so I appreciate the discretion because uh drawing attention. There are some cultivation farms in other parts of Minnesota that have no desire to be discreet at at all um in terms of what product they have and so for security overall. I appreciate that there's going to be some discretion. Um, I do just also want to highlight the fact that it does feel incompatible that we have a 500 foot perimeter. That was that was the lowest or the farthest we could go within state regulations from a daycare and then public parks attended by minors, but there's no consideration for minors who may live um in this area. And I feel like that is also something that potentially um highlights negligence in forethought. Um so but at this point in time because what we are uh being asked to do um is to address the parking concerns. Um and I do appreciate how forthcoming you are. So this is not like um I I do appreciate that. Um, I guess my only last concern would be two things is and I believe I well actually sorry I believe it it indicates that the property is no longer homesteaded. If that becomes a condition if the property is no longer homesteaded then that would terminate the IUP. So I guess my question is in the egg area there are lots of types of um ways that your property can be classified like there's the agricultural preserve there's the um green acres like is this uh something that is applicable for anything other than hey you're a rural residential home who's also just happening to operate a business. >> So I don't believe minimum size requirements either of this program and I don't the homestead status. That's just a different tax or tax. But it's the homestead status means that there is a resident that the property owner is living or a family member a qualifying family member. >> Okay. And then um I asked earlier like if there for some reason was a termination of the um cannabis license. We're not sure at this point in time. I asked earlier how the city would be notified of that and that was something that um there also isn't a process in place for how that works and so at this point in time I don't know if you wanted to address >> Yeah. So, at this point, the the city would just plan to do an annual check with the Office of Cannabis Management on any cannabis business licenses that we are aware of and and clarify uh the status of them on an annual basis or if we received a complaint to suggest or information to suggest that someone's operating without that would be another trigger as to when we would have that conversation. It's not that I that we wouldn't receive notice. except there isn't anything in statute that says you must receive notice and we don't know for sure how that would work. That's not something uh me or the city attorney um yesterday. >> Okay. And then um I guess um one one vague question. I mean it's a it's a big picture question. So oftentimes we will have things where code changes or um and then businesses that were approved at the time when the code was such that it was approved, they become grandfathered in. I I'm wondering or questioning about the same and because this is new, right? And as things change, if if uh regulation or ordinances around this um were to uh be modified in the future, is this a business that's grandfathered in under this current >> as long Yeah. as long as they retain their state licensing status um and it remains legal on the state level then I say they would if we changed our ordinances to whatever extent they would potentially be grandfathered in depending on what we're talking about to change the ordinances um but they it might be limited as a non-conforming use in some way so it might limit expansion ability um if that were to happen the but if it were to all of a suen the state just completely undo everything that they've done. Um well, it wouldn't be state licensed anymore, so it would not Yeah, that would be a completely different situation. And then um Re is asking about I know you're talking about as well. >> No, just like what were to h because it is new, right? And because they're sort of like like you were saying just trying to stay ahead of it, anticipate what's coming, but if all of a sudden something else were to change, I just wanted to know what >> it's it's possible that they as learn how to regulate this that they might add additional licensing requirements and because I'm sure licenses typically have to get renewed. Um I'm sure that they would be subject to making some changes or there might be like anability over time, but the kind of specul not. >> Okay. Thank you so much. Appreciate it. >> All right, folks. What questions or items of discussion do you want to bring to the table? >> Um um I guess as a whole, I think your discretion is appreciated. Um I think they're going about this in a way that shouldn't be too disruptive to the neighborhood being inside the house and all. I think you know, if you guys didn't know about it, we probably wouldn't wouldn't even know it was there. There won't be any clients coming in and out of the home. They'll deliver their product a couple times a year. They're not having signage. I assume the odor and waste plants at the state conform to state guidelines. So, you're not going to notice any smell. The composting thing to bring up and um I think your lot's big enough that you could probably have a 5 cubic foot compost outside and it really wouldn't bother any of your neighbors either in the winter. You're not going to smell it. because it's it's winter and you know the fact that you do have an option inside too is also good. I don't believe the parking is an issue at all even if you guys brought on three employees. I don't think that amount of parking would bother anybody. I know in some neighborhoods you'll have extended family living and you'll have quite a few vehicles parked there and the sided lots that we have notice that this is very tried. You know, it's it's private. I guess if nobody else has any questions, >> both Commissioner Zach would like to go. Okay. But then we'll go back. Okay. >> So, my my question is specific to the parking and specific to the resolution. Um just want to make sure that I'm understanding what's outlined here. Um so uh in the draft resolution uh number five one section one proof of parking must show a total of 10 spaces and all parking spaces must be dimensioned. Um but aren't we kind of putting forward that that's not a requirement. >> I apologize. I should have clarified as part of the IEP in order for it to be granted they'd still have to show that they could meet the minimum required parking. >> Perfect. >> Um If it were to be revoked, it's not a situation where the business couldn't necessarily move forward. It's just that they have if it's revoked because they can't be parking with what they have, they put in the parking that they need. >> So, if they come forward with the plan that outlines another car on what was shown up on the screen that meets that requirement, it's not uh us. Yeah. Okay. Great. >> Um >> Yep. Okay. I I want to also comment that I I think this was um a thoughtful application, Natalie. You've killed it tonight answering all the questions. I would agree with your point, Chair Breman, about if perhaps it could be put on the road map to be talked about of a condition or um I don't know what the word would be, but around the distance to a minor, a residential minor. And if that's should be we should think about for the for the um for the use moving forward. But I I would agree that this this is probably best case scenario for this business case in regards to how discreet and thoughtful and non-disruptive uh you'd like to be. I know everyone has a different opinion about this business and about this product and about this going on in society. Um, but you know, as uh, Council Baron Camp talked about, it is legal in the state of Minnesota and the city needs to do its job to responsibly manage it. Um, and we appreciate that you're working with the city on this application. >> I would agree with no parking and I also would the proposed landscaping. And I um have one last question for the applicants. I apologize. I skipped it in my notes. Um have you right Henipin is doing your um security they are also your power supplier. Are they aware of the increase? Okay. So you've had some discussion around the fact that now you'll be retail >> because that is a different >> Yeah. Oh, I'm so sorry. Go ahead. >> No, that's just that's treated differently than regular residential power. Um there's a different um Okay. I just wanted to make sure >> they so they including the the quotes that they got from Ray Hson was part of this middle. So it's very clear that they had very transparent conversations how I was out in the quote but for whatever reason it's a locked document. So I wasn't able to put it in the PDF. So I think Hen just doesn't want I don't know but I don't think it was anything the applicant did. It was just a locked document. I think the way provides those codes they're not something you can just slip into another PDF. So that's why it wasn't part of it, but it is available upon request if anyone wanted to look at it. Just have to be handled. >> I I do I guess I do have one more question as well for the applicant. Are you confident about the ability to put your product in your personal vehicles like no big trucks needed to come in >> or out? >> Sorry. Sorry. >> Uh yeah. So, in our plan, the the grow area would hold about 33 plants. Um, between two vehicles, you know, granted a pound a plant, you know, that's about 15 pounds. And >> okay, >> I have a Jeep Grand Cherokee, so like that can fit a lot. We are in the process of like getting insurance and all that for the product, so um it'll be protected that way as well. >> Thank you. I guess nobody else has any other comments. I'd like to make a motion to approve the site plan and use permitulations. >> I'll second. >> All those in favor say I. >> I. And anyone opposed? >> Opposed. >> And just to make note that this is uh the way that the commission voted for a recommendation that then goes to the council. So this will have one more step and one more opportunity. um to be discussed and um so you can keep I don't believe notices are they sent out? >> No, not the only the public hearing is October 23rd would be the anticipated meeting. >> So if you wanted to stay on top of this issue, October 23rd is when it's anticipated to be um discussed at council. All right. And so then we're going to go on to our um next item of business, which is 6B Rush Creek Golf Course conditional use permit and site plan amendment. And I believe we are beginning with the staff report uh for this item as well. >> Thank you, Madam Chair. Yeah. Item 6B tonight is the Rush Creek Golf Club site plan and conditional use permit amendment. Um this is a request from the club to um allow for the uh the expansion of the existing maintenance building uh on their >> Hey guys, if you could just keep >> Appreciate it. I'm sorry. I should have I should have made mention on there. Yeah, >> it's easier to jump into. I'm sorry. >> No, that's okay. Go for it. >> So, yeah. So, um this is a request from the golf club to um allow approval of a site plan and conditional use permanent amendment which will allow for a 258 foot addition to the existing maintenance building. on the site. Uh this expansion would allow for additional storage space uh for maintenance equipment as well as uh some additional space for um staff on the course. Uh the site itself is uh the address is 7990 Maple Hill Road. It's a 106.5 acre parcel. uh currently zoned public institutional and is surrounded uh with properties that are zoned urban reserve uh single family residential to um manufactured home park and then there's a little bit that um borders up against the corner of the downtown mixeduse district. Um the site itself is guided public semi-public use uh in the adjacent uses. Uh to the west or sorry to the east is uh the other half of the golf course and then um surrounding the rest of the site is a mix of uh residential uses right now. Um there is a medium quality wetland that covers a good portion of the site. However, the proposed addition um does not impact that wetland community. You can kind of see the wetlands over the the aerial image there and the the red dot is the area of the addition specifically. So, the items being considered tonight is a site planning condition use permit amendment uh to allow that 20 or 258 square foot expansion to the south side of the existing structure uh which would provide the additional storage space and uh staff meeting slash break spaces. Um if this proposal compies with the zoning ordinance um this the city is required to approve the site planning conditional use permit amendment. So going into the analysis um this property is required to uh adhere to the minimum setback requirements of the public uh institutional district uh which are 50 a minimum setback of 50 feet from the front side and rear property line. Uh the proposed addition would result in uh setbacks of 512 feet from the front property line uh 79 feet from the west property line and about 2500 feet from the east property line and then 630 ft from the rear property line. So it more than meets uh these setback requirements. Uh the building size again is that 258 foot expansion to the southside. Uh the public institutional district allows for maximum impervious service coverage of 70%. Um based on staff's uh analysis of the 106 acre parcel appears that the impervious service coverage is less than 1% and it doesn't appear to be um an issue with this addition to the to the building. Uh the height of the peak of the expansion would be 21.16 feet which would be consistent with the height of the current structure and would comply with the 45 ft height limit of the public institutional district. Um the plans show the expansion area to be constructed with asphalt shingles, metal panel siding, metal fasia, metal set and metal trim. Uh this would be consistent with the existing materials of the site or the building. And I got an image of the um of the existing building on the screen now for for reference. Uh the non-residential district standards does allow for these metal materials provided they are fabricated and finished with a durable non-faded surface and their fasteners are of a corrosion resistant design. Uh since the distribution of this packet um the applicant has provided uh a copy of the metal surface warranty uh uh confirming compliance with this um with this standard. So um that is something that has been addressed since this has been distributed to you all. Um the proposed expansion area overlaps with the existing employee parking area. Um within the building plan set there is um a drawing of um of the parking after the addition and it shows the parking to be shifted uh to the east to align with the eastern face of the building. Um there is a note on this drawing that this is uh this was prepared by the architect and is for preliminary planning only um and so it's not currently displayed on the site plan itself. So um a condition of approval would be that um the site be updated to show um these parking stalls and um based on historical imagery stat estimates that parking needs would be uh about 20 stalls. So um that site plan uh amendment requirement would be uh amending it to show 20 parking stalls whereas this drawing is showing um 18 parking stalls. Uh, additionally within the um, parking and loading performance standards within the zoning ordinance, there is a provision that states when an existing business extend expands the structure by 10% or more or change in use creates the need for additional parking spaces, the entire parking lot shall be or parking area shall be upgraded to meet the provisions contained within the subdivision within this subdivision. Uh so a 258 foot addition to an existing 5,622 foot building would represent a 44.6% expansion which would trigger the need uh to upgrade the parking lot to meet the standards of this subdivision. Uh so these standards are that um off- streetet parking areas for non-residential uses be uh must include a perimeter of poured cast inplace concrete curb around the entire parking lot and a surface of asphalt, concrete and other surface uh as approved by the engineer. Um this drawing that was provided by the architect indicates the as the uh asphalt would be used to replace the existing surface between the buildings. Um but this will again need to be identified on the site plan as well. Uh and the drawing also notes that um this parking area that's south of the buildings uh is appears to be constructed of an existing gravel surface uh contains about 10 parking stalls. Uh this area too would need to be upgraded uh to the above mentioned materials and uh screened from nearby residential structures. The parking load or the landscaping standards for parking areas of more than four parking stalls requires screening of at least uh three feet from adjacent resident structures. So to summarize, um in order to comply with the standard, staff recommends a condition of approval uh requiring a revision to the site plan confirming that this parking lot will be upgraded to meet those design standards. Uh and then the conditional use permit amendment. uh the expansion of the of the existing structure to allow operations related to the golf course requires uh approval of the conditional use permit amendment and comply with the standards outlined in section 1070.020. Um, I have that full list of standards outlined in the staff report and I didn't include it in the slides, but happy to answer some questions if those uh uh come up, but to summarize, staff finds that these standards have been satisfied with the proposed application. And at this point, staff recommends that the commission open the public hearing and take testimony. Uh, and then staff recommends approval of the draft resolution approving the site plan and conditional use permit amendment uh for the Rush Creek Golf Course. >> Thank you, Joyce. Um, at this point in time, do we have any comment cards related to this um, agenda item? >> Madam Chair, we do not. >> Okay. All right. I will just open it up in case there's someone here um, real quickly who wanted to speak or address this um, business item. Otherwise, if not, >> okay, awesome. If you could come to the podium and just get your name and address for the record. >> Oh, yeah. You're the applicant. So, let me close the public No, no, no. It's okay. You can you can stay at the podium. let us close the public hearing and then that way you don't have to walk back and forth. Uh so at this point in time there is no one here who would like to address this business item. So I will make a motion to close the public hearing. >> Second. >> All those in favor say I. I. >> And anyone opposed. >> Okay. All right sir. Go ahead and as the applicant if you could uh address that'd be great. >> My name is Greg Ren. Uh I'm the architect working with the uh representative here um for um in his facility improvements. Um, in addition, I just want to say, uh, if there's any comments, um, or what I'd like to do is just sit down with the, uh, I read to the the three different, uh, issues regarding, uh, the parking and the drainage and sit down with the city um, tomorrow uh, you're available in the next few days and just make sure we understand the grading that was brought up in the minutes. >> Perfect. I believe that staff would be more than happy to schedule a time with you. Um, >> that's it. >> To to get that um sorted out >> and I'm available for any questions. >> Thank you so much, sir. >> Uh, and at this point in time, is there uh is there any questions or concerns that need to be addressed or is someone prepared to make a motion? >> Any and all are acceptable? Uh, my only question I guess is the parking for screening. you indicated three feet from an adjacent property and I know this kind of sits close to that property line but depending on how they redo that parking it may not be that it's within that proximity to another residential property. >> So the existing I I'm getting my pointer out. Um >> if you could just clarify that because I'm I'm assuming and maybe I should also ask the applicant to uh to confirm. Is that where you're going to try to make up the additional parking? It's kind of off that extended like that triangle area. I apologize. Right off. >> So, it's my understanding in talking with the um uh the person that's in charge um of the maintenance facility that there was approval to move the tank and uh the tank is over to the eastern side there. Um and and that's a fuel tank. >> Got it. Yep. Yep. And I can see it on the aerial. >> Yeah. To move it up. um to that that building over to the to the north of it. >> Y >> and the trash is around that area, too. So, what that does is is makes room for about four more spots right there. Um and then other than that, >> uh this was produced prior to getting the uh the survey. And so, it it's just a matter of rotating the parking. >> Okay. uh to match the survey and and then calling out uh new pavement and then working with the survey and the civil engineer to get the drawings to agree with each other. That's it. >> But the assumption is that it's going to stay in that same general area just south of the building. >> Yeah. With it with the exception of adding uh four I think four or five across. Yeah. >> Okay. >> May I ask >> Absolutely. >> One question. Uh Derek Spendel. I'm uh general manager at Rush Creek and uh my my one question is um on the south here where we're you know the that the majority of that parking is was that just saying that that that needed to be black topped and curbed. Is that part of that? >> Is that okay? >> Okay. So is that I guess my question is what determines you know that needs to be in a uh because it's not a retail setting. It's not a uh you know there's no customers coming into this. This is just basically an employee parking lot um where we have a level that we it's a basically like a gravel parking lot. So, obviously I'm wondering what what you know what dictates that it has to be a a paved and curved location because that would probably be as almost as costly as putting on the building itself. And you know, and just in general, like you go over to some of the other retail places here and there's gravel parking lots and and for people that are coming to restaurants and and uh whatnot. So, I'm just wondering if that's something that is a has to happen or is that something that we can talk about and discuss in this situation? >> It's a good question. I'll let staff answer, but I believe that I'll let staff answer because I believe it would require a variance if you were to try to deviate because what's dictating it is the increase in the size of the building. And so then it's just being required to upgrade that parking lot standards to what is for that area. >> That's correct, M. But you sorry just not to cut but if we're increasing the building for um storage it's not increasing any size of our staff. It's not increasing any of the >> the way the code doesn't look at what building is being increased for. That's just to trigger to bring parking lots into compantial. So correct it would be a variance um and at this point the application did not include a variance component. um that would be something that would have to come back. But as right now to comply with code that would have to be a condition we could change the condition to meet this code requirement or uh apply for and the city approve the variance. That would be an alternative. >> That would have be how the re the language of the recommendation has changed too. >> Just uh >> but we also keep in mind variances also mean practical difficulty and financial is not what the primary basis for a variance grant being approved. >> Uh related to that, would it possibly be acceptable instead of going with a cast and place concrete curb curb to have a rolled asphalt curb? >> So I think at this point we would have to we would need to have the engineers in the room. So I think the that meeting that you request typically we do um a pre-application meeting but I think we had have informal meetings over the phone with the applicant employ. Um so I think the best I can recommend is that we get all in the same room with engineering and see what options there might be. Um I the code language is pretty clear. Uh so any deviation from that would be >> so with what there is in front of us tonight. It would if the recommendation for approval without a change to the language, it would go to the council as a recommendation for approval that also includes an upgrade to that parking lot uh because of the change in business. If that makes any any sense to you. I don't know that we could just be like pending a meeting with Right. We just have to go with what is written before us in the resolution. >> Yeah, you could you could change the recommendation to add in the language that I said like and or apply for and apply for a varian or apply for a varian granted by the city. That would be the way I would recommend changing the res the resolution language as >> or do we just maintain the resolution as it is and then you guys have a meeting afterwards and if it proceeds to council it proceeds to council otherwise it comes back >> and that the preferred way to to do it. >> Yeah. You wouldn't generally say unless you want to get to do something different. >> So you would approve it as it is. They're hearing that that's an option and meeting with staff doesn't get them where they need. Otherwise, does the applicant table this application? >> I think that is I I either way we would have to come back either. Yeah. So, I would say there's I that be up to them, but they don't have to do it. It would just be they could go through the process and we could come back with the varian >> um and they can figure it out. We can figure it out from there. There's um I don't know that I would recommend tableling it, but it's up to the applicant. >> Okay. >> The existing parking lot is as correct. >> From aerial imagery, it appears it is, but >> yeah, the um the driveway is is all asphalt and then people can just pull off and and that's typically uh is mostly probably gravel right now. Um just off the where you would turn in the park. Everything from the fence on in and new addition that is all asphalt and there's a big asphalt pad just south of this. It's just basically we're talking about these five six spots here or eight spots. Okay. >> Maybe 10 spots um that you're it's a you're pulling in on the asphalt turning in and it's it's pretty like a gravel structure structure. >> But the Maple Hill Road, which is where the turnoff is, um is part of the um developments that have also been proposed along the east side of that road would trigger an up upgrade to that road. >> All the way up north here. the development. But yes, if the chapstick development moves forward, they do have to upgrade the road up to their end. >> Yeah, the from maple the the states from there on up it is a gravel road. >> So now we're you would be driving on asphalt. You have to go on the gravel and then you're making you know we made us have to asphalt where we park but not drive >> and I I completely understand um sort of what feels like it's also the the way that the city gets some of the improved road conditions is through that increased um development. I mean I guess I don't know how to how else to say it's part of what triggered sort of the change from um the gravel to updated. >> Okay. Okay. So, can we clearly lay out what our I mean, I think we all understand that the Well, sorry. >> No, what's your question? >> I don't want to make any assumptions, but it sounds like there are the applicant understands the opportunity to request a variance if they would like in order to um attempt to go past this requirement. What we have in front of us is a approval, a request for a recommendation with it requiring the pavement. Um, and you're not recommending that >> correct. It is recommended that we either make a recommendation for approval or denial of the resolution that we have today. >> Right. But what I was going to say was you're not recommending that we make an adjustment to say that they could consider a >> varian. I will defer to >> it really shouldn't be in the resolution but I think they clearly direction >> I just like to say that it seems like more and more of these come up and it's not an area that really needs better and all this stuff that in our zoning saying it has to have it and seems to put a pretty ownorous burden on a lot of businesses where visible from the street. It's not an area where the public are even coming in or some of our rural residential areas makes it less rural residential. It creates more runoff area. Um that's just my my take on this. seems unnecessary to some extent and I don't know when we update the comp plan if we have any any way to kind of correct some of this because it seems like overkill in a lot of circumstances engineering would yeah I think that particularly on the part of the city that's within the discussion >> yeah I agree um I guess As it sits, unless anyone else has questions or concerns, I would make a motion to recommend approval of the um Rush Creek Golf Course uh conditional use permit and site plan amendments. Second, >> all those in favor. >> And anyone opposed? >> Okay. And so then we'll allow you to connect with staff afterwards to schedule the meeting so that you guys can continue to discuss um what uh what will um hopefully be uh something that allows you to move forward and then we are going to move on and Kendra are you giving the last staff report? Okay. So if you I don't know you want to try to connect with Dwight during that time but at this point in time we're going to move on to the request for variance >> um for the um St. John's Lutheran Church and this is city file 25-031. And we're going to start with a staff report from Kendra. >> Well, we tested it earlier tonight and it worked. >> Sometimes you have to duplicate. >> Thanks for hanging in there. >> I saw I'm sorry. >> We learned we learned a lot. >> Yeah. Where's your joke? >> I mean, Jay might have a joke, but I don't know that they're funny. I'm just kidding. All right. >> Yep. >> We were doing so well, too. Technology was just going early to test it, right? >> Yes. >> Madam Chair, who are you referencing about the joke? Who's Jay? >> Our city administrator. not commission different. >> Oh, different. >> So, he was like, "ARE YOU REFERRING TO ME?" >> I I have jokes. >> And they're funny. >> He turned to me. He's like, "Were they referring to me?" >> Didn't know I made jokes yet. >> Sorry. No. No. >> Now, we're all going to be waiting for the time when you let loose with your jokes. >> Well, we probably don't need the PowerPoint, but I did send to Natalie and Dwight, so one of them can pull that up. But, um, this is a variance request from St. John's Church and it's actually a variance to modify a variance that was approved in 2006 to allow a second sign on the site. In 2006, the site was zoned residential uh which allowed 132 square foot sign with a maximum height of six feet. And they built that on the north side of the site. I'm sure you're all familiar with the church. There's an existing uh larger near the church itself and then this was built on the north side of the site. The reason at the time for the second sign is that we have both the church and the church and the church school which are um related but somewhat separate entities and the church school uh had a desire to have more information about activities at the school as the three standards. So the sign was approved subject to the size standards in the ordinance uh at the time for properties in this zoning district. Since that time the city has modified its zoning ordinance. The applicant is in now to ask for a slightly larger sign increasing from 32 to 40 square ft in order to allow a dynamic display. And frankly, they initially started with the 32 foot sign, leaving it the same size as it is, but the nature of dynamic displays and what's available on the marketplace. You need to get a certain there's only certain sizes available. And then to meet our percentage requirements made the sign a little bit bigger. So, the new sign is 40 square feet and 8 ft tall and in the exact same space um where the sign is today. And reviewing the application. We did talk with the city attorney about just how to process it and it really is in your packet outlined as an amendment to the um 2006 signed variance >> not required secondary varian. >> Yeah, it's a it's a new variance process. So, we are here tonight reviewing the variance, but what the variance does is it amends that 2006 variance to allow this sign as a dynamic sign with this, uh, size, um, slightly larger size. And so, um, uh, the pictures are in your packet, so you hopefully reviewed those. And uh with that I would say we do recommend approval of the variance modifying the 2006 uh variant subject to the standards and conditions in the staff report. >> Thank you Kendra. At this point in time I do believe we have do we have cards comment cards and I know that we also did receive some um virtually through email and those were included and distributed to us through a packet. finally got the >> Oh, yay. Is there something you really need? >> Okay. Uh, Madam Chair, yes, we do have uh two comment cards. Um, so I can list off uh the first ones and then when I say your name, feel free to come to the mic and um introduce yourself, your name, and your address. Uh, so the first card I have is uh Gary Bouldering. >> Right. I'm gonna represent. >> Oh, sure. Okay. All right. So, >> uh, so then the other card I have is for, uh, Brenda. Is it Coler? >> Brennan Kaylor. >> Okay. >> Good evening. Um, my name is Brena Kaylor and I have the privilege of serving on the board of education for St. John's Lutheran School. Um, well, I don't live in the city. I live up in Rogers. I did attend and graduate from St. John's. So, Corkran is close to my heart, both the school and the city. Um, we're requesting that you grant our variance to be able to replace our sign so we can have a larger electronic dynamic sign. We already have one in there. The two signs have not caused issues with traffic or the neighbors. Um, but most importantly, we want to be able to share more information effectively with our families and the neighborhood. Um, school events, student achievements updates, community activities. Um, so our goal is to keep the school closely connected with the community of Corkran. We've been here for over 160 years and enjoyed a wonderful relationship. Um, so thank you for considering our request and supporting the next generation of St. John students. >> Thank you, Brenda. And at this point in time, then that is the only comment card that we had. So I will make a motion to close the public hearing. >> And all those in favor say I. >> I. Anyone opposed? And so then, sir, if you would like to come and address as the applicant, uh, we welcome you to the podium. >> Hi, my name is Gbering. Um, longtime teacher, principal at St. John's. I was involved with the first variance back in 2006. Um, my address, I'm kind of homeless right now. Sold the house in Crystal, building a home up uh up north, living with my daughter currently in Dayton. So, I suppose my residence would be on my driver's license is 9334 Lon Lane, Peekquat Lakes. Um, so I'm retired now, so I have the time to be able to do things like this and uh address you. So, thank you for the opportunity. Um, I think it's pretty simple and pretty straightforward. the the sign that we did almost 19 years ago has seen its day and its purpose and has been useful, but it it's it's uh becoming more and more difficult to use because of the some of the things that I think I pointed out in the the request here for us. Um, in the winter time, it's practically impossible to get out there and get it changed. It freezes closed. It's a locking system and and so you have to unlock the locks to open it to change letters on it. And so, um, that's a difficult thing with a changeable sign like that. And then, um, the way it sit sits, um, you know, you only know this after you have the experience, but it's kind of a lower in nature than the the roadway. The grade of the road is higher than than the land right there. And so with it only having a two-foot pedestal and and uh 4 foot um sign um in the winter time it's a difficult thing to see. Um the lighting that's on there that was in the code at the time uh gets dimmer and dimmer the colder it gets outside. So it's hardly visible at night even uh in the cold temperatures of our winter. So again, a lot of needs and purposes for replacing that sign. And um we thought I like the render. I think it's going to fit in and and look a lot better than the current one. Um how we would match up the brick work and stuff. But this time of year, we'd like to try and get the footings in of course before um frost hits and then u the sign would be built and then the brick would come back and be put around it in the spring. That would be the plan. Okay. So, I'm here and available if you have any questions. >> Thank you so much. Appreciate it. Um, at this point in time, um, we can ask questions if anyone has them, um, or make comments. >> How large is the sign for that's out here. >> Yeah. >> Um, I believe it's a comparable size. It was one of the discussion points that triggered the various requests. because they like uh I think it was I can't remember who it was who was emailing me um but um they were emailing me and they're like we really just want what the city has. Can we have that? Um and so that kind of triggered that. So I believe it was the comparable size to what the city is. >> I don't know a lot about these signs. Um did see a mention of dimmable. Is that accurate? >> Yeah. So um sign company will match whatever the u ordinances are of the city as far as for brightness and it does you know um have that in there as far as daylight versus night time how bright it can be. Um what kind of motion you can have or not have on it all those things. And when these sides are made today they can program that all right into the the system so we can't even screw it up. And then there is default things. If something does go wrong on sign, it will shut down rather than being a distraction for drivers going by. So, it's kind of a default system they put into these signs these days. >> Great. Thank you. I think this is really nice, right? I mean, that's actually the reason that I became aware of the city planning commission and a number of things the city is because that sign isn't stagnant and we're able to get information which is important to engage the community. So, >> that's all I have. >> I'll make a Oh, >> yeah. I have a couple questions. >> Um, I presume that the neighbors have been notified that sign Nobody bothered to show up with it. Does the city have any standards regard regarding the brightness of the sign? >> We do uh commissioner that is in the staff report and so um the uh ordinance standards relate to two things. There is a maximum um brightness which is measured in nets for these types of signs and um dynamic display. have to have an automatic dimmer light. So the maximum um signs using um um LED cannot exceed 500 uh uh nit between sunset and sunrise and 5,000 uh between sunrise and sunset daytime. And then um they have to be equipped with a mechanism that automatically adjusts the brightness to the ambient lighting conditions to ensure that the signage intensity isn't more than.3t candle above ambient light levels. Um and then um really just some general language about it can't be brighter than necessary. And then we do as noted limit um motion so that it's not distracting. I just want to say it was a really nice application and you were just both just really well prepared and um spoke quite well on the subject. So I just want to make that comment and then I believe Commissioner Vin was about to make a motion for approval. >> I'll second. >> All those in favor say I. >> I. And anyone opposed? >> Okay. But then um that will thanks for sticking with us for tonight. >> Appreciate that. >> Um and then what's up next for us is um the reports and information. So we have a council update. this is the opportunity when um well it's kind of been undefined and not that I want to like make it defined but I was wondering if we could specifically like in indicate if you have specific questions for Councilman Baron Campam tonight that would be helpful but also I was wondering if there's something that you would um desire to hear about most during this section of the evening um for instance I myself don't necessarily need to hear the events that are taking place in the um just because I like I feel like that's uh information that's quite available online and so I would rather hear specific things just related to like maybe concept plans that the council has heard at previous meetings, things that we wouldn't necessarily be aware of. Um but that is general. So I want to make sure that we have the opportunity to think tonight ask specific questions but then also if there is something that you would generally like to see during this period of time, I think it would be helpful to um to say what that might be. No specific questions, but um I am interested in the second part of the discussion. I was just hoping Sorry, Councilman Baron Camp. I was hoping to maybe just get a little bit of input from these folks on if there was anything specific that we would make sure we would want to know about like from your council um update. And I think one of the things that we don't know about the concept plans um they you know because a lot of times you'll get applicants that just come and say hey what does the council think. I think that would be something that I would love if that is coming across the the council like if you would in the update to us just say hey we heard about this or we listen to a proposal for this. You don't need to tell us feelings or anything about it but just an awareness. I think I'd appreciate that. >> Yeah. you guys. It was one of those things that I always wanted when I first started. I always wanted to is this something that the council not necessarily support would listen to? Okay. So many people were coming to us spending an initial pile of money up front and there was probably little to no support from the council and mayor before. Does that make sense? Am I going down the right road? >> Oh, we under I understand. I guess I should say I understand the need for it. I'm just wondering if when you guys have one like in the month, right? Then the next month when you come here, you just kind of let us know. >> Understood. The thing though >> that is there is council meeting minutes are published Friday before the Thursday meeting. Any concept plan is on the agenda. Nobody just comes blindly to the microphone and says things. But if it's a concept, I will absolutely write it down and come back. Hey, we had this concept planned. If you didn't get a chance to read the minutes and such, this is what we're talking about. The the cannabis growing deal was almost two years now. Natalie, >> was that two years or was that a year ago? >> They came to an open form. I can't remember when it was. It was it was after because there was two phases of the legalization on the state level. It was first um lower potency. I think it came after the second phase where we were talking about higher potency because that was when what they're talking about legal >> um pending licensing set up and everything. Um I think it was probably in the last year or so that they gave you an open form. So that was wasn't quite a concept but they did want to just let the council know that, you know, they were coming and they, again, they've been wanting to try to be transparent. >> It's neat how transparent they've been. It It's really nice. Um, but something like that you're saying is, "Hey, last month we had a cannabis growhouse conversation with a with a with a possible applicant. That's what you're wanting." >> Yeah. I think just as it does twofold. that lets us know like sort of what cons what's being brought before council for consideration. So I feel like it gives us a a touch point with what is the community at large bringing before you guys. But then also it's helpful for us like the the I guess my desire is to just always sort of understand the um priorities feedback and interpretation of the council. Right. So I think that's >> and we've kind of lost that by not having representatives both ways. >> Right. Yeah. Um I'm the only one that comes to the planning commission. We don't have anybody coming to park and trails now and there was a disconnect. So just telling everybody you're all welcome to come to council meetings and share. We can get away from that now since everything is online and you're not getting a council packet and stuff like that. I know you all are are volunteers and stuff. I spend more time than most probably reading every page in the council meeting and all of your pages and all of parks and trails. I'm trying to stay engaged in those kind of things. And then I've even had the park and trails now want me to come to their meeting so they can ask questions like this. Um, well, I don't mind dedicating Thursdays to city life. It would be nice if it was just Thursdays and not every day of the week with all of the people. But, uh, no, I I'm more than happy to talk about those kind of things. And if you hear something, by all means, ask me. If there's something out there that is being talked about and stuff that I can say, I'm not able to talk about that, but I'm I'm a pretty open person and I'm sure sometimes staff would like me to shut the heck up sometimes. So, >> have you been attending parks and trails meetings? >> I've been listening. >> I didn't realize that we the council member initially is no longer doing it. Okay. While we're here right now, I'm probably certain that the mayor listens to you guys a lot. I'm not sure about the other people, okay? But I don't want to I don't want anybody feeling bad, but I want you guys to know you mean a lot. Our seven people on the parks commission means a lot to me. This is where a lot of it comes. And then listening to the public, um I got calls from every one of those people asking what's going on. And I asked them all to read your notes or the the the agenda information, everything is right there. And none of them did from the time they started calling me till tonight. So, you guys did a great job on something that could be very, very crazy, but you did a great job tonight helping everybody understand. And none of us are probably fans of it. And uh but we we need to our state representatives, everybody has told us to govern it and do those things. So I do know that council and the mayor want to do it as hard and as tight as we can govern. So >> it sounds like we do have some control over how many details. >> Yep. We were able to do that. And if you wanted to have that conversation, Natalie, isn't there a point up to 10,000? Is there something related to population on number of licenses, stuff like that? >> I don't think so. >> I've been through so many like we can limit I forget exactly what it was, but we've limited to the extent possible that we can and there might be some additional triggers that happen only to a certain population. I can look into it again. I >> Yeah, >> I had >> my my biggest thing on tonight is I don't think they have a license yet from the state. >> Well, they can't come >> because we have we sign off. >> It has to come here first before they can get fully licensed. It's a part of the application. >> They have submitted the application. >> Thank you. >> Yeah. To the state. >> It still bothers me. Why am I talking about it when it's not even the license hasn't been granted? But if that's a caveat, I understand. asked that questioned several doc like they they shared everything they submitted to the state so far. So they're in the point where it's not >> they got to get our approval for them to do a girl house and then the state may or may not even give them the license. >> Correct. If they don't need the licensing then they wouldn't >> the director of the office of campus management was just appointed in August >> in the state of Minnesota. >> So it's just seems >> it's just >> there's going to be trial and error about it. Um, >> you guys did great to me. >> I did want to just quickly to touch on your point. There is potentially a sketch plan going October 23rd for a existing business expansion. >> Um, so just to keep that in mind if anyone wants to listen. >> Oh, what expansion? >> Uh, redevelopment. Sorry. So, it's a redevelopment for an existing business. >> Outstanding. Cool. >> Yep. Um and then uh the other thing that sometimes council see council sees that you don't would be final plats or like a amendment final PV amendment. So we there were a couple of those somewhat recently in the last few months like um Amira had which would be the Cook Lake Highlands 100 unit apartment building uh for senior living that so that one they came back with an amendment for expanding the impervious surface so it wasn't wasn't uh too big of a concern and it got approved on consent. Uh I'm trying to think of anything else that council anything that you haven't but those were the ones that came to mind. Oh, and the Ravenia PE amendment for 9th edition that is planning to go October 9th. Um, so that's simply they're going to they're asking to trade out one P benefit for another um proposing a new one and actually it's probably going to go back to parks and trails related to our wildflower park. >> Thank you. >> Does anyone else have any additional questions? >> I did have a question about the planning project update. the M&J Creek Side interse the winery that wanted to open a tasting room and it looks like they they tabled the item September 11th and then requested October 23rd. Did they like come to the staff with some concerns that that they wanted to I know they had concerns about the existing pole building not meeting the setback and the road going to the new building they were going to create for the tasting room and have them take down trees. Were those difficulties some of the things that they could change or try to work around? >> We we did have a meeting with staff. Um and I would say it was very different. >> Yeah, but I don't know. driveway. >> Uh I think they were going to work on revising the driveway design uh so they keep trees, but uh I haven't seen that. >> Have any of you guys stopped by and said hi >> the winery? >> Yeah. >> Um I don't know if they're open to the public, are they? >> They are, but stop in as a neighbor. Tell them council member Camp said it was okay. I' I've spent a couple of trips out there trying to learn and listen. >> People would like to something like that in court and I think a lot of people like breweries and >> they are they are speaking highly of our staff. They're trying to get things right and stuff a variance for a building that was granted by the city but put in the flood plane and stuff that that's a deal. But >> they're working really hard to to get things they'd like to break around soon and get it all done. So >> I mean like they said I'd much rather see something like that than storage. >> There's no longer an allowable use. >> We don't do it anymore. >> Outdoor storage though, can they? >> So, a business that isn't storage could have storage component. Yeah. But you can't just do storage. close to our rural rural. >> If there's no other comments, I just want to point out uh thank you so much for putting the leazison on calendar in there as we talk about not wanting to miss like uh some of the insyncness that that the commission and the council once had. But I just want to note that the two dates that have asterisk next to them are Mondays. So um so because of holidays so I just wanted to note that and on that note then we will adjourn today's meeting. Oh, that's you guys. This is the second time I've done that. It's like you can tell. >> We we will uh I will make a motion to adjourn tonight's meeting >> and all right and all those in favor say a rambunctious I. I. Uh-huh.