I will make sure this is screw on and then go ahead and call the meeting to order I'll start with a roll call mcke here lanterman here botma R Baron Camp here Nichols here perect you like to stand and join me in the Pledge of Allegiance ALG 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 okay uh agenda approval looks like there's a few items from staff a few modifications and a couple added items uh yes Mr Mayor we have nine uh changes so item F Old Farm Ridge uh has been revised with an updated final plat item 6 L has been updated adding the Republic uh to the waste holler renewals uh item 6 W has added the uh agement uh and been revised with that item 6X has been added uh and the reason for that is that um when we were receiving uh guidance and permission from Council to recruit in higher positions uh we have not been going back and coming back with the appointments of those positions uh because I thought that we were good with that uh and then as we were coming up for the end of the year uh and speaking with our lawyer he said since we have historically done that it would be in our best practice to do that so that's why you see a long list of all the appointments throughout the year uh and then item 6y was added uh commissioner resignation item 8 C was revised uh item 6E was added which is the CIP and then item 9A and 9B were added to the closed sessions those are all the changes Mr Mayor perfect anything from Council if not I will entertain a motion to approve the agenda as amended so move second camp camp and a host of others Baron camp and Company all those in favor say I hi okay on to presentations we have a special one today um recognizing uh our friend and outgoing council member uh Bama and I have a resolution here that I will read um that is we tried to Jay I believe you did a good job of drafting trying to get it to a readable length we could have I mean it could be 50 pages if we wanted to highlight everything that you've done but it's a good good summary I think so I'll do that and I think Jay might uh Jay has resolutions um resolution honoring outgoing counselor John botma whereas John botma served the city of corkran as the city of corkran appointed commissioner for the Elm Creek Watershed from 2013 to 2016 and whereas John bota was elected as council member at the November 8th 2016 general election and served on the city council for a 4-year term expiring December 31st 2020 and whereas John botma has served as the city's representative on the metrop Metropolitan council's land youth advisory committee since 2019 and whereas John boto was reelected as a council member at the November 3rd 2020 general election for a second four-year term to the city council and whereas over the 11 years of service as Watershed commissioner land use representative and council member the city achieved many worthwhile and Lasting achieve accomplishments including but certainly not limited to updating core transmission adopting core strategies short-term goals and action steps Community Development block grant grant for the construction of the Hope Center in Maple Hill Estates purchase of 60 Acres of new Parkland for the city and the creation of a master plan for City Park the construction of Wildflower Park the city's first new park in several decades planning for the proposed Diamond Lake Regional Trail uh completion of a fire service comprehensive growth plan and fire subcommittee recommendations guiding a crime drug and Safety Committee which resulted in the beginning of the canine program and enhanced investigations and Commercial Vehicle Enforcement received uh we received recognition as a safe City from multiple organizations approving the remodel of City Hall accommodating uh the growing staff necessary for the city significant public infrastructure projects including the first Public Water Tower and water treatment facility the I94 Dayton Parkway interchange the downtown utility Street Improvement Pro uh utility and Street Improvement project and many other projects in coordination with development drafting of the 2030 and 2040 comprehensive plans which has guided decision-making in the city for decades Drafting and updating design guidelines for the city and key districts to ensure the thoughtful development that that thoughtful development takes place an additional emphasis was given to guide the southeast District which in uh includes plans for a new town C surrounding a Town Square Park providing guidance to applicants on numerous and significant land uh city land use applications increasing communication with the enhanced quarterly newsletter social media presence updated website emergency warning technology and an update of the city's uh Information Technology systems and processes Staffing improvements including a public works director community development director assistant City administrator planner Recreation supervisor Construction Services Supervisor permit technician finance manager accounting clerk Public Works superintendent Public Works operations supervisor Public Works Administrative Assistant deputy director of Public Safety detective two sergeants a public safety uh administrative manager uh Police Department administrative assistant and a community Serv and Community Service Officer positions developing enhancing Community programs such as the annual annual cleanup day firearm safety program truck safety seminar Shop with a cop the toy and food drive which we just had the other night um and night to unite appointing numerous residents to commissions to ensure res resident input on important topics for the city the creation of the first mission vision and values for the city continue to annually refining the goals and objectives of the city to meet its needs and look into the future city budgets which have enhanced Services while protecting residents from significant tax increases uh a notable example of this was the 2021 tax rate which was the lowest tax rate since 2012 and continued efforts to maintain a flat tax rate reviewing and supporting many proposed developments to help shape the city of corkran updating several zoning and subdivision ordinances continued water supply planning and conducted uh business through a pandemic and Municipal operations during the pandemic review of cares act funds and ensuring City operations continue to support the needs of its residents uh a new city logo for the city of corkin that represents Cor Heritage as a community and as a community and whereas after the 11 years of appointed and elected Public Service the city of corkrin wishes to recognize the time energy dedication and Leadership provided by John bot to the city of corkran now therefore be it resolved that council member John bota is hereby honored for the outstanding and distinguished service to the city of corkrin and its residents that that is is there anything you didn't I don't know that's how long it there something you did not do it could have been a lot [Applause] longer John oh yeah uh so so um I've only been here a year but I've heard about the Legacy and protecting the agricultural Heritage of our community uh we've heard a lot about silos oh yeah and so I'm so happy about that we would love to present you oh no way with a silo in appreciation for your service to the community this is special thank you so much uh and and we have two others so uh uh yeah the top storms come down so um having enjoyed working with you I've also recognized that sometimes uh you help start some fires and so if you're familiar uh this will remind you that even though the fires are going on this is fine this is just fine totally fine it's totally fine and so that that's as a reminder I also if if you're familiar with the great movie A Christmas Story I am I wanted to get you the leg lamp he really did uh we talked about it oh my gosh we came really close but I thought your wife might kill me so she might kill you anyways so you don't get the leg lamp however this is a box of edible leg lamps no way so that you can continue to enjoy the leg lamp be careful their fragile must be Italian I wish the camera could see what this is oh my gosh so thank you very much for your support uh the staff and the community uh you will be severely missed well thank you big time I got I'm going to open this just to get the lay of the land and it is it is literally edible edible leg lamps who doesn't need an edible leg lamp fair question everyone should get this okay so may I may yours all right so I have some things to say I don't know if you guys took a had a beted or a wager on how long I would speak um hopefully hold on let me start the Tim hope I do it justice you got five minutes okay fa enough I don't know if you all remember this um but it's my back scratcher for my first campaign and on the front it's a in the front end back it says I've got your back bottom of for corkran um courtesy of my brother Willis's create creative mind um hopefully people have felt that I have had their back for the last eight years uh it's been eight years and that seems crazy to me Seems Like Only Yesterday we moved here and we had 4,000 people and the Very first development in our city had just started next thing you know we almost have 10,000 people in corkran this is not going to be a very long speech you know I love to talk so I have to fight that I love this town it is so unique and special it's made special by the people who work and reside in it I ran on effective governance fiscal logic and keeping the forces outside of our town from determining our destination keeping corkran corkran I added something this morning I was watching a documentary about China and Taiwan Taiwan has just voted to stay independent a Chinese official was interviewed and said quote it's sometimes best for people to have decisions made for them rather than leave it up to the people themselves to decide this may be hyperbole but it's an attitude prevalent in St Paul hopen County and the Met Council it's up to us to decide side to fight back and continue to shape our town to be what we would like it to be I hope I kept those promises to the city of corkran I can tell you for sure I tried like hell I want to thank all my fellow City councilors and Commissioners I always believed all of those I've served with had corran's interests at heart most of us agreed with each other most of the time we had our share of disagreements but I genuinely appreciate appreciated the motivation for those disagreements I think I gained a bunch of new friends who care as much about our town as I do council is good hands I'm happy to call these four friends and Michelle too I want to thank staff old and new I generally have a government that governs best is the one that governs least philosophy it was pretty easy for me to throw around lazy government worker jokes before I got on to council I got the idea early that those jokes probably get old for people in government and since I also was in government I had to rethink that idea from the office here to the police department to the public works I have been so impressed people here are so prideful and work so hard our town is growing and there are deadlines that seem impossible and it's chaos every minute in our town it's kind of of a Controlled Chaos but some new challenge arose every single day each year I was on Council we grew and that was exciting but it's not lost on me how challenging that makes things I've seen people rise up and grow and I'm proud of that I'll say what I've said before there's so many people that work here that act like they live here that is amazing and I love it I mostly want to thank Corrin for for allowing me to serve we have an exercise we do in yearend planning meetings here for Council uh we have a bunch of them but one thing we do is name our favorite place to be then we're supposed to sort of design our town with some things some of those things in mind it was funny because my favorite place to be is Corker I truly love it here thank you so much for entrusting me with our town special thanks to my family I missed some things I miss Andrew's concerts I missed my daughter Katie being named captain I missed Ryan winning uh Dundee was the only race he took first place in at in Cross Country in high school I have one left at home that fell out there his name is Luke uh I'm finishing my last two years of parenting now I hope that all my kids have learned that it's very important to give to your community special thanks to Angie uh extremely special thanks to her I give a lot of energy here and it probably takes away some from her she never wavered from her support of me she even sort of tried to get me to run this term just a little bit um I've been beat up a time or two while on counsil that's this part with the fire she always took it harder than me she was madder than I was sometimes when things went wrong at councel things said about things said about me did not roll off her back like they did mine she is the perfect um political partner she was a great partner and campaign manager in all of this I appreciate very much those who supported me and my detractors as well I think we have a gift here in corkran we all need to take take care of it well and I will miss all of you thank [Applause] you going to miss yet but you are staying in town come come visit us and we hope you'll be here in the in in the chairs there sometimes and you ever want to get involved you know how to reach out to us so we'd love to love to have you back anytime I'm not leaving good deal that's right hear it I heard there's a vacancy I park some Trails that's it is interesting I second that motion there is uh I know at least one long serving mayor in in our area who is didn't run but decided to go to Planning Commission so it's not unprecedented I understand we're going to wait till April to make any life changing for John absolutely well earned break or retirement you deserve it thank you all righty um so with that we'll move on to open Forum if we have anything uh if there's anyone in the audience that would like to say anything about anything that's not on the agenda this evening uh please fill out a card give it to Deb and then proceed up to the microphone uh we have received no emails sounds good then we will move on to consent agenda consent consists of 6A through 6 y with the additions does anyone want to pull anything could I pull 6 y please yep um anyone else else okay and I will entertain a motion to approve consent agenda items 6 a through 6X so move bar second Nichols all those in favor say I I I okay and then six y I was going to p that as well butn go for it well um I think we should give them thanks for their time served and so unlike our job we get to be on TV and we get paid um a little tiny tiny bit per hour they do not get paid and uh so it is truly a thankless job so I um is that who is is that Michelle mhm so yes so thank you Michelle for time served on um Park and trails and uh we look forward to your next step but wanted to pull it and at least thank you for that absolutely wanted to recognize you and and we're looking forward to working with you up here it's big shoes to fill but know you're know you're up up to the challenge um and a secondary question I wanted to ask Council too was uh just thoughts on do we want to go out for trying to fill that vacancy do it is the one commission that is kind of different than everything else we have in terms of numbers uh so we currently have seven Commissioners uh and one just resigned two uh finish their terms I'm not aware yet what their intentions are uh whether they intend to ask to stay or not and so the the question is uh do we want to open it up and recruit with the intention of keeping it seven so it's been a I've had this conversation with with I think all of you and there's been different thoughts at different times and so since we have a clarification of a resignation just want to clarify the desire of the council uh question I have Mr Mayor if I may go for it I haven't had a chance to ask um Jessica what is she soing wishing for Natalie you're her well I'm not her to be clear I'm not well you're her boss but I did speak with her today so um one thing she wanted to stress is that one of the so if we move from Seven we really can't move to six we'd have to move to five so we would actually be going down by two and we are aware and she is aware with previous conversation she's had with at least one of the people that's up for uh or their term is up that they do intend to reapply and they happen to be the most senior person on the commission so um I I think at this time she would like to keep it at 7 um and then the next time that there is two openings that aren't filled then I think at that point it would make sense if in her mind to go down to five does it have to be I mean is it does it have to be an odd number if it's just if it's a recommendation they're making a recommendation so best practice would be if they're voting on things but it doesn't have to be I'd be interested if if I'm missing something it doesn't have to be it was even for at least a year when Tom was on counil so the charter commission is an even number ironically my understanding is best to have required by law is you know different practices I wouldn't want to force anyone out if no I would if people didn't want to reup then maybe that's when we um evaluate things it's not costing us any money I think in general as long as we have people who want to be involved we should give them the opportunity if we had too many I think the symptom would be the discussions would go on interminably and wouldn't reach a satisfactory conclusion I haven't seen that in the meetings that I've attended so I don't think seven is more than we can handle um and we may just get our next city counselor out of the next mix so I prefer to keep it at seven if we can get good candidates if if we have good I would point out that we've had for almost a year now uh we've known about an open position on the Watershed commission uh that we have not been and and in terms of that's way less exciting though it's less exciting and and honestly my understanding it's actually a different kind of work uh they're they're not meeting with a group they're meeting with an outside agency uh there's a lot of technical components to it as it's been explained to me but I just wanted to bring up the fact that that we've had a vacant commission slot for a year um to the point that I think that this one is more attractive I doubt that we'll have a hard time I know at least one person who's applied for um either Parks or planning in the past and would call me afterwards and wants to make sure that his application's still on file so I can touch Bas with you after that but at least unless a mix change in the last month um I know there's at least one resident interested so good start and and the person who wants to renew on Parks and Trail would like to be done they're the deputy for the Watershed uh and and and so we we really need two people for the wed just as an advertisement out to the public if anybody has an interest knows of anyone or yeah one of the one of the I had three people ask me last on Tuesday night from Belle weather what can they do for the city how can they volunteer what get them in touch with I'll try and get those watered commissioner and Deputy Watershed commissioner so Belle weather folks if you're watching I'll try and get the names especially they retired water engineer yep I'm starting to get a complex here does the deputy position come with a badge or anything like that I I think they have to grow a very large Gandalf beard I think that might be too funny okay so I think we're all kind of on the same page with this um so I'll make a motion to uh approve 6 y so move second all those in favor say I I may I add something quick please um Kevin won a city award in the in at our holiday party and I think it would should be acknowledged in public absolutely at this time it's not officially on the agenda but potentially Kevin you want to step up and talk about the I'm just kidding Jay maybe you can talk about the award that what well actually we had five employees that were recognized at at our holiday party uh last Wednesday uh and um so Kevin received uh the overarching award for the whole city the change maker award what's what's special and unique about this is at the recommendation of his peers and all the other employees in the city and then when we had the discussion with city council and so uh I I think it's it's the first year that we've done it uh and uh I I love that everybody was actively engaged and provided some really helpful feedback uh but um it was also a great time for us to celebrate the great work the city's done and the mile markers that Kevin's fingerprints are all over we just talked about you know the water tower which is the Catalyst for us to have a new city logo uh that that has taken up a lot of Kevin's energy uh and it's it's going to be a great legacy the water treatment facility is is due to be opening in late spring uh and another Legacy item but you drive on the streets you drive through the neighborhoods the collaborative effort with Community Development and all the other entities uh he is quite the ring master and we're lucky to have him yeah so thank you very [Applause] much appreciate I was very unexpected and the crtical staff they do a all the work so I just kind of shepher it so but I appreciate it and for the benefit uh of the audience who haven't seen it the award is a flying pig the trophy is great the trophy is a giant flying pig I haven't got it back from my kids yet I brought it home and it rotates their bedroom shelves every night it was pretty cool I'm trying to get it back but it's might too valuable thanks you're welcome well deserved absolutely all righty on to unfinished business um oh can I say one more thing yes please uh we we are going to have uh trophies or not each of the employees receive trophy we're going to have plaques in the lobby that will have the employees picture and a name up for the year uh and so those should be coming in in the next couple weeks and they'll be mounted right across from the waterfont so look for those very cool good deal all righty on to unfinished business uh we have one item which is can I add one more thing sure do we have numbers on the toy and canned food drive not yet I was going to maybe mention that at the end I don't know if we have preliminary I I I didn't get any preliminary numbers because uh tonight is also you know back to back tonight tonight is the shop with a cop and uh event and so um our police officers are out doing that part they're we usually try and report on both of those and historically uh our council meeting is the week after the events uh and so we haven't had enough time to col that dat we could get that for the J uh Janu it be the January put it on there as an update so nice work everybody involved with that I won't be here for that meeting but we can let you know what it turned out yeah yeah I just want everybody to and JCB was the ring Master for that one she did a fantastic job I can't believe all the people in our town that came up that was crazy awesome they made a to-do out of it so it's crazy how it's grown so much in three years yeah yeah big time yes yes yeah and Mr Mayor too it does flow into Saturdays festivities and Main Event I'm going to call it Main Event um our local bar at the stanion um chrisy does an immense thing with uh celebrity bartender evening and such last year they R they raised $122,000 in tips in just 3 hours there um and then that event and how it happens and the number of Toys that end up going in there that's a big deal all of that will go down to k 11 on Tuesday so watch for watch for that toys for tot's donation on Tuesday this year Chris hockey is this year Terry Train oh okay um and then the canes the pat noes uh I forget all of the the farmers that'll the first hours of farmers the second hour is I forget what and then the third hour is last year I think we or not I think we had um Frank basilo from Channel 4 and Lindsay whan was there as a celebrity bartender so if you don't don't mind being elbows to elbows and enjoying a tremendous amount of company it's a great place to be Saturday night so Santa will be there also the real Santa real deal awesome awesome appreciate you bringing that up you bet all righty now on to new business which is just the uh followup uh we saw this last meeting I believe or two meetings ago the uh cannabis Regulation Code amendments and Natalie yes thank you Mr Mayor so this uh as you said is a continuation of a discussion from the November 25th meeting the Planning Commission did host a public hearing last week on this and also reviewed it um really the ordinance in front of you tonight is consistent with the discussion that we had a few weeks ago and some changes that came out of the Planning Commission discussion we added um clarified the outdoor cultivation areas as allowed in the rural residential must be secured by a privacy fence of at least 6 feet tall and 80% opacity fences may not include razor or concertina wire and access gates must be equipped with a locking device be self closing and have a self latching device um uh for adequate ventilation systems consider considering outdoor cultivation there was just a line added that effective Odor Control measures must be in place to ensure no detectable odor extends beyond the premises so that might just be more about physical location um keeping it more inwards to the property and another one was the accessory structures utilized for cultivation operations in the rural residential are subject to a minimum setback of 100 fet from all property lines which similar to how we treat other agricultural structures um so this um otherwise than that is everything that you saw of the last draft okay sounds good any questions mark I have a question could I ask a favor of staff there was an article this past week in the Star Tribune about the city council's in Hastings Cottage Grove and still water uh passing uh Odor Control ordinances is it possible for someone to reach out to those three cities and get a copy of that I can thank you I'm I'm friends with The Still Water see you be great thank you we should have time to look into with the licenses being held up if we wanted to add another ordinance or something to we should have plenty of time things yes just real quick on that odor referring to cannabis correct Mark yes okay I out in res out out in the rural agricultural area and there's a number of other orders that I'm telling people welcome to Cork I don't want to welcome them with this order so correct but there are others so cool would that be less restrictive or more restrictive than the no public use requirement in the draft I think it was a separate ordinance I think they might have had similar language in their cannabis ordinance proper but also did that I think that's what we' want to maybe find out is how they what exactly they did okay in in those cities and see if it's stuff that can be largely copied and if it would be helpful implement it okay um CU yeah if it's useful and we have the time to do it and the work's already been done might as well take advantage of I it'll be helpful I'll get a copy of still waters that'd be great thank you thank you other than that any other questions for Natalie a lot of work thank you Natalie John everybody doing everyone with a tough uh regardless of of your stance on on marijuana I think um no one can say that it was handled the best by the state in terms of how the legalization went to say the least so very good job to all of staff who was involved on getting this uh figured out and put together so that we have something in place by the deadline that we have to have um because just reading through it from what the state came out with was not easy or comprehendable at all so good job and if you've seen in the paper the lottery that was planned for special that that's cancelled was the latest that I read this morning uh because because of some complaints and some litigation that happened uh and they're anticipating that that's going to result in a delay in in registrations uh but it's the office of cannabis management is not managing Canabis managing cannabis that's a shocker Mr Mayor just real quick too when we started talking about this and such I think I've said it a few times don't be afraid to shamelessly borrow other people that have come up with great things so uh thank you for keep an digging up the Still Water stuff and Mark thanks for bringing that up tonight very much in general it' be a good idea to keep an idea cuz every City's figuring it out so if some City figures out something useful it's good to keep an eye on it and see what we can add to it to make ours better over time well I'm not a huge fan of all of this happening and such I'd still rather have some continuity between neighboring cities so if you're in one and you travel to the next you aren't all of a sudden out of compliance kind of deals so makes sense okay if there's no other feedback then I will entertain a motion to adopt ordinance 2024 538 amending chapter 119 and title 10 of the city code and approv resolution 2024 133 with the findings of facts so moved second very C all those in favor discussion oh I'm sorry yeah thank you discussion I was going to ask that too yeah I would just like to say we have an opportunity to stand up for something um I'm not sure a mandated business that we have to have in in our town um it's the only mandated business that any town in Minnesota has to have I don't know if that will stand up in court it's never been tried I would not be afraid to say go pound sand to the state and try to make us do it I know I'm going to lose the vote I still would vote and I'm going to vote no because I am not afraid got appreciate the feed Dean did you have something you want to add to almost the same as what John is well I may have seconded it I'm still stuck on the uh Federal side of things that this is a federal crime so to speak so my my vote is uh may or may not be surprising and then the other thing there's a lot in this ordinance and such we have the right to continue to update this thing John is shaking his head that's it's all I need so one thing I will add Mr Mayor if we don't have uh a Four f majority vote on the summary publication that's why I kept that separate okay awesome thank thanks for out it is a federal crme yeah I know yes you vote to break a federal I know I know but to Natalie's Point all kinds of things going on in my head and I'll decide here in a second good anything else okay then all those in favor uh say I I opposed Nay Nay Nay okay so that does not pass to three um Mr Thames I would look to you towards what you think the best potential next steps would be for us thank you Mr Mayor members of council if there are revisions to the to the code itself that we can make to to make it to put it in acceptable form we can certainly discuss those I guess I'm I'm detecting that it might be the code itself that more policy we can decline to pass it we're under no obligation to do so it's just that when the moratorium ends um absence some zoning uh and some other other you know business restrictions we will be left to um to to fall back on state law on that and and understand council member Bottom's position on that but um you know the the state's position on this will be that at least one business can be located we won't have any limit it can be as many as um as a as apply and and fit within an arguable zoning District here um so the the risk you run with not passing anything is having potentially more intensity than you intend or desire so it's it's entirely up to the council um we we do not as I said we do not have to I think as Jay pointed out um it's it's likely that we probably won't get many applications for a little while at least based on the mess with the lottery but um if if your desire is to C down and kind of to the maximum extent Allowed by law this is this is designed to do that so okay and just to clarify Mr THS what's what's the risk to us uh if we have nothing in place so um an application can come in to to locate within the city limits um the the only types of business that are obligated to come and seek registration from the city will be retail businesses um without clear zoning restrictions prohibiting them um it's it's arguable they can locate pretty much anywhere and and in as much as much intensity as as they Cheo so if there are five of them that come in all at once is it possible to have Mr Mayor is it possible to have a zoning regulation that disallow just flat out disallows them in our town not one that's comp state law yeah that's not the question can you can you pass an ordinance yes you can pass an ordinance it will be in valtion of of state law but in compliance with federal law what's that that but it would be in compliance with federal law I understand your position based on the uh the status of of marijuana and the federal registry I understand your position on that the state has has passed the regulation to permit it in Minnesota and they've curtailed local regulation of that quite a bit which is frustrating and I and I I agree and share that frustration with you um however um the Mandate that they've given us is at least one and if we don't put any limitations we we're limited we're not limiting it to one where as many as as has come to to locate um so it's this is I I I would say even if you're against sort of the the premise of having to have it located in your town this would be sort of some risk management to that by you know making sure that you keep it under control control even if the court disagrees with this can I make a motion Mr Mayor sure I make a motion we disallow cannabis related businesses in court period okay um more than a motion yeah that's what I'm wondering clarifying can I ask a clarifying question so my understanding is that cities in Minnesota Drive their Authority and are governed by state law not federal law what is Our obligation what is our relationship to Federal legislation and Ru making Authority um how much time do you have five minutes um yeah no council nich you you alluded to a couple things there um you're right um we we're technically a charter City there's not obviously are Charters silent on all of this and would be um all of our Authority is derived from state law through statute um so you you're given a list of authorities items of authority if you will and areas of control the state controls certain other areas by preemption they occupy a certain area of law this is one of one such area uh they have limited carve outs for that where they give us some local Authority that's the you know one per 125 uh things like that but generally speaking um it rolls down Federal to state to local as you might expect um the the state does have the authority um and that hasn't been challenged as far as um uh to to allow cannabis use uh within the state I don't anticipate any challenge coming from the FED on that either so what we're left with is um a state mandate that to allow this at the local level and an opportunity via the the moratorium that we passed to try to put up our own guard rails and limit it in the way that we desire to we can decline that opportunity um you can you can pass something that that directly contradicts that that law I'm confident that a a had upen County Court will probably disagree with us on that and probably uh say that we don't have authority to do that um and I I like I said I understand the council's frustration with kind of getting getting handed an unfunded mandate uh on this and and being told to allow something that maybe locally we don't want to allow um um but I would say um my recommendation would be to pass some form of this to manage your risk because the concern I would have is um if we do nothing the result might be that you have much more intensity than the one we can allow through this um you know what I and and just for for the council's benefit I did include a provision in the in the code that basically says we will allow the absolute least that we can under law um there is a there's a there's a threshold portion of that law that says that it once um the county you're in so enman County reaches that threshold of one per 125 uh of residents we don't have to allow any so if that happens before an application ever gets to us we don't have to allow and our code says that that we that we won't and we'll decline to do so so we're we're basically allowing the bare minimum of what we're sort of mandated to allow under this got thank you um John to your motion would that would that take the look like the structure of like a ordinance a um like yeah it would be a city ordinance we don't allow we don't allow just use the same language so it be like can retail um it's it we would change the the language to um to read no cannabis retail but growing and harvesting yeah is an option no retail I mean if you just say no cannabis retail within uh of any kind within City Limits it's basically one sentence right okay in in the code four pages we just have one sentence but this isn't in our code currently though I think where I'm getting held up no we're adding code with item 78 I'm saying we have um a different code that says no cannabis business of any kind is allowed in the city of corpin let them challenge us okay could I could I say um it's not lost on me that um cannabis is already being grown in the city of corkran uh legally uh for medical use because we don't have any Authority or governance over it so so it's already here and we don't have uh clarification and code restricting or or performance standards is the language of it to ensure that it's occurring in a manner that's protecting in our our both public safety concerns and the people in the community so it's here already I just wanted to point that out appreciate um okay to me I feel like the conflict between state law and federal law as a citizen is real and concerning as a member of counil representing a unit of government that's controlled by state law I don't think it's part of our purview to to try to negate State policy and delineation of our Authority so I I'd rather create as restrictive an ordinance as we can and write to my Congress person about the federal government trying to enforce federal law rather than take a stand and invite punitive measures from the other unal government we're already fighting with over other issues I don't think we're going to get anywhere significantly positive by driving a stake in the ground on this issue and I think it might harm us in other areas like land use density and and other things that getting people prosecuted who commit crimes in the city well they already prosecute none so you can't get lower than zero unless you're a cop yeah that's true if I could say something else Mr so so just going through the ordinance again some concerns that I have that are addressed in the ordinance that's saying no uh to to Mr them's point if then we don't have any teeth to prevent them from coming uh this ordinance spells out distance away from daycares in schools in parks and if we don't spell those sorts of things out we don't have any legal teeth to prevent them from doing that I'm concerned about that with the with the uh seeming delay now with that lawsuit and the the whole Lottery thing being figured out do we really run any real risk of seeing an application prior to those licenses going out thank you Mr Mayor members of council I think um the risk is relatively low I don't expect that um ocm will I I I think they're still going to give the nod to the the social Equity um applicants which means they have to run that fol first which means the lawsuit has to be addressed which means the whole thing probably gets delayed and if I'm if been looking into my crystal ball that's probably what I'd tell you I can't guarantee that however um the 342 breaks the applications into two pools one being the social Equity pre-application pool that has a certain number of licenses that are allowed under it and then everything else right so if the lawsuit delayed things sufficiently it is possible that the state could turn their attention and just say we're going to start allowing people through on this other side okay right so there there could be an applicant that comes through and you don't know exactly when that will happen it's I would say it's unlikely but not impossible that that could happen um so this this would be you know to Jay's Point really just uh a way to to address what you can put the fence up where you can have the have the restrictions on where when and how um and using the authority you have um it's you know to to council member Nichols point you know you you can seek some some help um over their head Federal level um you know what we're looking at here is um take the authority you have or run the risk of an applicant coming in bringing a bringing a lawsuit locally to mandate that you permit their application um I it's my opinion that that would Prevail and we would be forced to allow them through uh we wouldn't have any other limitations so I think the that result would seem more harsh to me than you know if you want to call it swallowing you know having to put this ordinance into place and allowing one because it's it's a it's a measure of as I said kind of damage control the potential of one thank you yes not a guarantee that it actually happen since it's been rejected I'd like to make a motion to edit we're on joh John did have a motion did he get a second um I haven't asked for yet so I will ask ask a question yep another question John thank you that's very helpful are you aware of any other state law that allows local government to ignore federal statute like are there any other crimes that we are allowed to overlook like discrimination no no we you're you're correct that generally federal law is going to carry the day um the uh you know the the Cannabis debate on a national level is a whole different much much longer conversation but um I think it's safe to assume that um the fed's going to be pretty hands off on that as far as intervening which is what it would take um so no and I I understand the point as far as the classification of the substance um but I unfortunately at our level with what we are what we'd be looking at in an application I think it'sing B for us so I so that's why my suggestion um apply the apply the The Authority you do have um maybe keep exploring options to to to try to address it on a broader scale but um if we don't do that my concern is the the local result might end up being more more harsh in the shorter term and once they're in it's that much harder to um to eliminate the use because you know there there is some uh legal non-conforming status even if you pass the code after fact so so just so that I'm clear you'll agree that generally State law can be more restrictive than federal law correct are you aware of any other instance in which state law uh ex or uh reduces the severity of federal law reduces the severity of feder um in in other words um I mean can can I are there any other felonies that I can commit without getting in trouble like what I'm saying is there are you have federal law there are penalties for violating federal law but now we have a state law saying don't worry about that federal law you're not going to get in trouble so I'm just wondering are there any other stat laws that allow me to violate federal laws like are there now other federal crimes that I can commit with impunity yeah I I I understand now thank you council member lman and no I'm I'm uh I think that is upside down and no I can't think of any other all right thanks um so I think back to John's motion um I think we have an idea of what that potential structure would look like so does someone want to Second John's motion I'll second okay and we kind of my clarifying question kind of turned into discussion but is there any other discussion on that otherwise all those in favor say I I I opposed nay n n that fails to three as well um I'd like to make a motion to direct staff to revise the draft or 2024 538 to change item G2 hold up from the city shall limit the number of lower potency hemp edible retailers to no more than two to change that to one instead of two and have us reconsider this in January after the edit has been made what page is that on J the G uh 406 okay how about do you of the Orin six of 14 six of 14 G top in front of you on the screen of the ordinance itself yes so we're talking about this right here more than to one one suggestion is from change that clarifying question John is that allowable um the uh well as as we as you may recall from our discussion um at at our last meeting about this The Authority for the limitation of the lower potency hemp edible retailers is a little bit of a gray area because it doesn't appear on the list of the capped retailers um that have the the 125 list um my position on it is this actually falls back to to local zoning because there isn't a Prohibition on it and it is a retail operation that does require compliance checks so to me it would seem to fall logically under the same um under the same umbrella therefore I believe that we can cap it until we're told the camp that may change um but as of right now we we are not prohibited from doing that okay the the cap itself you know my my feeling on that is it's kind of a reasonableness standard at that point you do with what fits you do have to allow it somewhere um recall that the Cannabis business itself if you permit that it will be allowed to sell the edible products so that's one this would be a second so that's council member Nichols X that we uh asked that we we reduced this from three to two which we did so this would be just going one step further and taking that down to one I'm not aware whether we have any that are are presently in operation um I guess that would be one thing we would want to look into on that but presuming we don't have any um I I think you can do that um and you know we'll we we'll take it on if we need to later but I I I I think there's nothing that blocks your Authority that that I'm aware of that says you absolutely can't do that okay thank you so Jeremy just to summarize make sure I got this right your motion would be to direct staff to bring that change back to the January meeting yes okay do you have a second I would second that any further discussion all those in favor say I I I opposed n n free to that passes so I think staff got Direction on to do okay thank you very much one more question if I may and I'm sorry to drag this out we're wasting more time on this than I wanted to pun intended um some of you got it good um John while the feds have said it's up to the state to make the decisions and such on cannabis and such there is nothing that holds us accountable to a federal crime am I saying it right by doing this no I I I don't believe that you're you're putting yourself uh that you're putting yourself in the path of liability on that angle no I think I think the um the greater liability would be having something that directly Cuts against the state law only because I I do believe that's more likely to be challenged and you know I do think the result would not be in our favor on that but and I again I I understand the council's frustration with that absolutely it's it's uh it's one that um you know as the mayor mentioned that you know how it was passed way it was pass the with the the type of input that was gathered um yeah it's frustrating without a doubt yeah yeah kind of doing doing the best with the hand we dealt I think let your conscience be your guide oh it's heating me up man so all right eating us all up thank you Mr Mayor John very much thanks you guys Natalie for your time don't want it to go to waste again pun intent we'll move on to uh new business we have a few public hearing ings and kind of a pseudo public hearing later on um the first one is 8A which is a public hearing for St Theresa's liquor license and I will go ahead and open the public hearing not all at once motion to close public hearing okay second all those in favor say I I okay uh the item itself Deb um before you is a liquor uh license application for St theres they um are requesting to uh get a license for wine and 32 beer Sunday sales May I make a motion yep motion to approve do have a second easy second uh discussion you can pick that I think it was lantman by a hair but it close second you you haven't been here that long but sometimes there's so the answer is so EV evident in the packet we don't it's we don't need you did a great job putting the packet together we don't we don't need it discussed I'm I'm fully fine with that we do this was an easy one yes this is them going to the common area buying consuming drinking there not buying bottles taking it back to in their restaurant yep okay yep no I just sounds good and I'm I'm assuming we have a maybe a less uh goofy version of the application that was in the packet you know that was a scaned in from their okay so maybe they have a less goofy one Adobe did not like that at all it's not the first time it's happened what I did goofy there's a there's one part in here that I can't repeat in the meeting but it a a just random series of letters that got put together was Adobe wing dings is not I no I want to emphasize one thing um there are there are personal identifiers that are that maybe should not be public in the public packet in this yes in the application we need to be careful about that okay even including phone numbers and other such things ah yes I see a couple other things very valid point um okay yeah about that um yes yeah that's the big one um okay so did we have a motion to approve John was that you y and we had the second um all those in favor say I I I well great on to 8B which is another public hearing this is following up on our I believe six previous conversations on the budget um so this is our truth truth and Taxation um public hearing and we'll be voting on then uh subsequently the 2025 budget Levy and wage schedule so I will go ahead and open the public hearing on that motion to close public hearing second fa care all those in favor say I hi I okay um mayor if you have any questions uh Vicki uh from ABDO is here with us uh to to talk about uh what's in your packet if you have any questions if you don't have any questions uh that's fine as you said we we've talked about this a lot uh your goad for the town's sake I want to emphasize this is this is something we talked about this isn't our first go around on this I'm going to make a motion to approve there I think there are three motions associated with this I believe it's two two 134 135 yep I make a motion to approve 134 135 I second two of us you choose perfect any discussion all those in favor say I I I and just Mr Mayor if I may great job to everybody sorry and as John said it's this might be the most talked about topic we've had year we've had six at least meetings on it recently and a couple overviews and I'm pretty sure we've all had conversations with j at different times staff all of departments that have sharpened the pencil did what they did great job yeah some people say oh you guys spent one minute on that yeah but we spent hours and hours and hours all that one minut yes one of the things I would say about that Mr Mayor is those conversations I've heard here and I like the fact that we've been having those discussions for the public to really understand how the sausage is made uh and and I think that understanding goes a way to build confidence with that kind of transparency so thank you for allowing us to change the process and do that way does uh does state law allow us to make sausage here or does that supersede Federal we a permit we get a permit I'm just the metaphor police aren't there like federal laws being violated here don't worry about those yeah just for every 12,500 people we can have some sausage yeah all right we'll move on to 8C which is the 2025 uh utility budget um or Enterprise fund budget I'll I'll make a motion that we approve I don't think we have a public hearing on this no we do not second very care just for um for reford sake that's resolution 2024 137 so actually there is no if I could make one comment on that Mr Mayor so so an important thing that isn't called out but for Council and for the public to understand uh in 2025 we will be doing a rate study uh and that rate study is going to be pretty important uh for us to get a better understanding of what's happening with our utilities and so probably about mid year uh in the third quarter we'll be potentially coming back and revisiting our utility budgets based upon the feedback that we get from that rate study sounds good um and John there there is a I was I believe it was added to the agenda oh okay all right day or something recently with the resolution so it's uh 2024 137 so yeah make a motion to approve 24137 again Dean perfect any further discussion all those in favor say I I thanks Vicky thank you thank you um on to 8D this is not a public hearing but it's kind of like a public hearing it's not an official one uh it's a public input opportunity on our ms4 storm water pollution prevention plans the Swift um I believe it's just we need to open the floor for anyone to raise questions yeah May if you may we do this every December so it's just part of a checking a box on the on our annual permit um we do uh we paused during Co but now we do also have a an opportunity during night to night set up a table to take feedback but we have continued this just to be super transparent um I have a presentation in the package I can go over it or not it's almost The Identical presentation we've done for 5 years so I don't know that warrants it um I'm available for questions uh we have not received one public comment today and since I've been here at the city so I just throwing that out there but uh it references some information with the most important thing is if you have any comments there's an email address this is on our website if you want to make a comment we record it it goes into our permit that's really the message tonight I can go through if you'd like otherwise I think we're probably good we' SE any we don't need to make a motion do we thank you Kevin thanks Kevin it's a lot of good work opportunity nice artwork it is you did a nice job is that waterc color I am not an artist I haven't asked yet tonight mayor how many people do we have online watching just one okay is one of us is someone in the room somebody we know cool Dean's wife I bet I bet I know who gave up on this is it um a resident that's on a lot of meetings no oh no I'll have to go talk to her CU she's all un likee every meeting she gets the gold star all the time well whoever is on thank you for being yeah we appreciate it okay on to um was 888 which is just a look at the draft uh CIP um and Jay did you have yeah so uh mayor and councel uh we are working towards a 5year CIP and uh we've changed the format so that we're trying to identify all of our Capital Improvements and then we're identifying sources and uses of the funds that are going to help facilitate those Capital Improvements uh this helps us tell the story of both what's needed and how we're getting there uh but it's a very Dynamic story particularly here in corkran because we're constantly getting new resources and we're also getting new requirements and so we're we're having to this is a pretty Dynamic process and example would be uh just this afternoon we can celebrate we got a grant for a lawn mower I just want to call out Public Works and Kelsey all right so so we're not going to need those funds uh we're not going to have to bond for those funds to get the lawn mower uh and staff are constantly looking for other other ways to finance smarter ways to do business to lower our costs and so uh that's that's our covenant with you is is that we are going to be good stewards but it's important that we be transparent about the requirements this format how big was that lawn more I was a the max at Hen County uh maintenance H Sports maintenance Grant was $10,000 sweet for the year to offset so and that which lawn more were we uh we app for one of our one of the ones here for 2026 the I think it's the um the Toro one or the 4 the big Toro 20 some yeah a 65 or $70,000 unit so yep gotta 15% covered well done we'll take it but that's in align with some of the new uh Park areas that we had to take on yeah some of well done the growth areas in the department for sure good any questions for Jay on it or anything I think this is plan at this point it's informational uh we're coming back on January 9th the reason the 9th is very important is in the bond process we have to clarify our not to exceed Mount amount for the 2025 bonding if if we're going to receive the funds by the 1st of May for 2025 expenditures and so we're going to have to do not to exceed clarification amount on the nth staff continues to refine this uh and then the question will be you know do we want to lean forward and cover some of our 2026 expenses and the 2025 by bonding you know we'll have more information what's happening in the market it might make sense if we have good favorable conditions to borrow in 2025 rather than wait till 2026 uh or if it's not and we still need the money in 2025 might be wise for us to wait and see what happens in the market and what our requirements are for 2026 um can I ask a question sure what is the when you guys do bonds generally speaking do you have a how long is the duration as so so durations change uh I I haven't been here in corkran for all of our bonding process so I can't speak I'm not familiar with what the history of all our bonds are I know what their amounts are but off the top of my head I'd have to come back to you on what we've done but there's variances uh so equipment certificates can be 10 years 20 years uh different bonds depends on what are Geo Bond Geo Revenue Bond so what is it that you're bonding for has different timelines as well Kevin and I have talked about the 429 process some point it might make sense for us to to be bonding for the road Replacements or for the road constructions that we have in our future uh so the short answer is those numbers depend on the project uh it depends on the city so what is our bond rating and what will the people that want to buy our bonds give us uh so it's like a a comment I would have in John bot's F fantasy Municipal bonding plan would mean we match the duration of the usefulness of the item with the length of the term of the bond but also like we were working towards cash flowing some of the items we usually bond for um I know that's kind of taken a step back because because of fiscal challenges but it would be nice if we paid um for some of this stuff without bonding in the future we I think we have cash FL some of it but um so in 2024 we did so we were projected when I first came on board that we were supposed to bond in 2024 and we found a way some of that was changing some of our requirements delaying some of our requirements cidly uh in in some cases uh because of the conditions if you call what happened with our audit I was concerned about a potential downgrade and I didn't want that to happen to the city and so by delaying now we've demonstrated fiscal responsibility following the 2022 audit for the last year that will hopefully result in a more favorable Bond rating than we would have been able to achieve so we did cash flow this year but we did not meet all of our long-term requirements and the dollar figures on some of these things particularly the dump trucks the the snow plows coming on the horizon those those are pretty hefty dollar figure items makes sense I'll leave that for Michelle fair enough what what one followup to your point typically when we talking equipment a 10-year life cycle is an expectation so you're going to get at least 10 years of usefulness uh out of an equipment certificate that that's usually a threshold makes sense sounds good all right looking forward to having this come back in anyway all righty and then with that I believe close session yeah we are into close session I've got a uh short novel to read here so give me a second I know it's it's a not the worst one but it's can you pre these right and play it at 2x speed option city council is going we'll be entering into three consecutive Clos sessions under the authority of Minnesota statute 13 d05 subdivision 3B the city is permitted to close a meeting for attorney client privilege to discuss pending litigation the city council is going into closed session for that purpose to discuss respon a response related to the claim filed by Craig Sherburn Associates upon adjournment of that closed session the city council will enter a second closed session pursuant to the authority granted in Minnesota statute 13d .05 subdivision 3 C3 and in order to develop and consider an offer for the purchase of real property specifically the property to be discussed is p ID 26119 2313 00006 upon adjournment of that Clos session the city council will enter a third closed session pursuant to the authority granted by Minnesota statute 13 d05 subdivision 3A to evaluate the performance of the city administrator and with that we are in close session