I have 7 o'clock. We will call the town board meeting for April 7th, 2025 to order. First item on the agenda is the approval. Patrick. Yeah, Mr. Chair, if it pleases the board uh from staff, we only have one addition uh no deletions. Please enter consent agenda or consent agenda item at 5J the Bair Beach lifeguard contract. Uh and then I would just make a note that uh Chad has looked it over and you don't see any any issues with it system. Okay. Board have an issue with that? No problem. I'll move to approve the agenda as amended. A second. All in favor say I. I. All opposed. All right. All right. Item three is approval of payment of the bills. Steve, you sign off. I signed off. Move to approve payment of the bills. Second. All in favor say I. I. Opposed. Item four is approval of the previous minutes from March 17th. Anybody have any corrections? I saw I saw none. Did you? I didn't either. I'll move to approve the minutes from the prior meeting. I'll second. All in favor say I. I. All opposed. All right. Uh we have uh 10 consent agenda items with the one we added. Everybody okay with them? I had no no issues. I a motion to approve. Make a motion to approve. I'll second that. All in favor say I. I. I. All opposed. All right. Item six. This is old business. North Oaks Joint Powers Agreement. Uh Chad, are you going to go over this or Patrick? I can start us out and then the brains can kick in. Um, Mr. Chair, board, this is an amendment to I guess we wouldn't really call it an amendment. It's just kind of an edit more so than anything. That's that's the way I described. Okay. The uh previous uh joint powers agreement that we had signed on to with North Oaks did not have uh the rate at which we would be charging for services and or water to North Oaks. uh based on utility commission recommendation as well as staff recommendation uh we are suggesting that the uh rate of 125% of our tier one water level be the going rate for providing service to the city of North Oaks under this current JPA Mr. attorney. Anything else? Yes. The reason it's not an amendment, the fact that North has yet to adopt the joint powers. So until they do, there's no effective contract contract even though we did approve this one this earlier except that's why we're doing it this way. So, does that mean we're we're we're authorizing to sign it tonight or authorizing to send it over as a draft? No, we're authorizing to sign it tonight. To sign it tonight. Okay. Because I think you want to send this over as an executed at least ex on the part of the township. Okay. Oh, Patrick, will that go to them tomorrow? Yes. Yes. They've been kind of dragging their feet on this and I don't think they can really blame us on this one because we told them what it was going to be. We just didn't give them the final. All right. Board okay with this. So the the effective date is when it's executed. Yes. Okay. I have no problem with it. All right. Then I need a motion to approve the JPA. I'll move to approve the JPA as noted in the packet uh with the city of North Oaks. A second. Motion made second. All in favor? I. All opposed. All right. Moving on. Item 7A. We have a public hearing for Whitaker Street. I need a motion to wave the reading. I'll move to wave the reading that was properly published. Do I have a second? I'll second. All in favor say I. I. I. Then I need a motion to open up the public hearing. I'll move to open up the public hearing. Second. All in favor say I. I. All right. Are we up? Yes. Thank you, Mr. Chair. Good evening, supervisors. Uh before you tonight is a application for a preliminary and final plat for the proposed RM Innovation Subdivision. This subdivision is located on Otter Lake Road just up the street here. It has multiple addresses 1596, 4316, 4336, and 4400 Otterl Lake Road as well as zero Whitaker Street. The application um the applicant recently acquired in 2024 the properties that were formerly owned by Water Gremlin. These properties were part of a plaque called the Water Gremlin Edition Platt, which was approved and recorded at the end of 2012. The plaque combined eight former lots into just three lots. In December of 2012, they also received approvals to create a tax increment financing district, also called a TIF. It's TIFF district number 22. And that TIF district is set to expire in June of 2040. So, it has quite a ways to go still. The applicant is looking to replplat most of the former water gremlin edition parcels under a new plat with a new name proposed as RM Innovation. The applicant would clean up issues that happened in the 2012 plat uh give it a new name and separate the buildings into two parcels. So the north facility would be on what is called lot one and the south facility would be on what's called lot two. Once the tiff district expires, the applicant surveyor notes that the proposed new outlot B would be added into the proposed lot one via a combination or lot line adjustment. The reason this can't happen now is due to tiff district regulations saying that lot lines and sizes cannot be adjusted while still in the tiff district. The applicant also is proposing to vacate and replace a previous drainage and utility easement and create new easements with new drainage and utility easements that follow the proposed lot lines. In the staff packet in front of you, you'll see one excerpt from the 2012 plat showing three separate lots. Lot one, block one, lot one, block two, and out lot A. Lot one, block two is that tiny little corner at the the north end of your map. That will not be included in this subdivision. You'll also see a meets and bounds property on the southwest corner of the map. That will be included in the proposed subdivision. Lot one, as I said, will include the north facility, which was built in 1953, and lot two will include the south facility, which was more recently built in 2013. And that small vacant lot shown as exception on the original plat will be incorporated as part of lot 2. Outlot A remains vacant and outlot B is created um to combat an issue with lot lines which we will get into shortly. The request appears to meet ordinance requirements such as the subdivision ordinance requirements that defines it as a major subdivision. This would be um identified as such. The outlots are defined within ordinance 15 section two as a lot remnant or parcel of land left over after platting which will be intended as open space. The ordinance states that all remnants of lots below a minimum size left after subdividing must be added to adjacent lots. The proposed outlots A and B do meet those requirements. The request also appears to meet most zoning ordinance requirements. The use lot size and lot density requirements. As noted previously, the 2012 plat resulted in the north facility building encroaching partially into the original outlot A. Proposed outlot B is to remediate remedy that issue of the um building encroaching. So when the tiff district does expire, they'll hopefully combine that so it's no longer an issue after 2040. Proposed lot two. Before you move on, that portion that goes into the outlet A, Is there a reason they just didn't make a straight line across there? Why' they make that little bump out? Um, could you say that one more time? Sorry. It's a small round that small round bump out. Out lot B. Proposed out lot B, right out of the south part of out lot A. I mean lot A, lot one. Yes. Um, so they that would be a great question for the applicant when it comes time why it wasn't cut straight across and made like a long rectangle, but it is to remedy that lot line encroachment. Looking at proposed lot two, there is a slight inc, you could call it encroachment into the right of way. The lot line currently um goes into Ramsey County right ofway. The county did mention that this should be remedied. However, the tiff district restricts the lot line adjustments. So, as a potential condition of approval, we would recommend uh requesting that right-of-way dedication be done in 2040 upon expiration of the TIF district. the county did um okay that recommendation. Uh this township subdivision or ordinance also requires parkland dedication when any major subdivision is done or a fee in lie of the actual dedication. The land requirement is 6% of the site while the fee requirement is $6,700 per acre required. The fee in lie of the parkland dedication is $23,624.70. There's no recommended future parks identified in this area. Therefore, the recommendation is that the applicant pay the fee in them. The project plans as usual were forwarded to all agencies and staff. The DNR had no comments. The watershed district requests that the Lambert Creek branch easement stay in place to allow maintenance access when or if needed. Ramsey County, as I said earlier, confirmed that the dedication for Otterl Lake Road would need be needed upon expiration of the tiff district in 2040. The city of Wiper Lake and the building inspector for Wiper Township had no comments. and engineering and public public works had a few comments for us. Um, the town would need an easement on the north entry point to the south property to access the holding pond if the owner would fail to perform any needed maintenance. In this case, a maintenance agreement would be needed to be prepared for lot 1 and two. It has been drafted. So, that is um remedied and originally the vicinity map on the proposed plat was incorrect. However, this was also remedied. The planning commission reviewed this request at their February meeting and the commissioners reviewed the previous plat and discussed any proposed plans with a representative of the applicant at that meeting. The commissioners recommended the board approved the request with the following conditions. The vicinity m or excuse me the proposed major subdivision shall adhere to the plan submitted with AB and AB C and D corrected. All corrections have been made. The applicant shall submit a maintenance agreement for lots one and two regarding storm water improvements in the subdivision. This has occurred and the attorney has reviewed it. The applicant shall pay the required park dedication fee. This has been paid and received. The proposed subdivision shall acquire all other applicable requirements from local, county, state, or federal. The proposed subdivision must adhere to all other regulations, and the applicant shall pay all fees and escros associated with this request. Does the board have any questions? Steve, you were at the I was at the planning commission and No, I think I think that's met everything that they asked for and it's all been resolved. So, no. No. So, realistically, this is just house cleaning just to clean up lot lines. So, there there's going to be no additions, deletions to buildings, parking lots, landscaping, nothing. That's my understanding. Yes. Okay. Just seems like the only issue was the tiff district. Oh, just seemed like the only issue was the tiff district. That was out of the ordinary. All right, the applicant's here. Would you like to uh come on up and Certainly. My name is Bruce Keys from Foley and Lardner Law Firm appearing on behalf of the applicant which is WBL4400 LLC. Uh and as you indicated um and as we presented to the planning commission, it really is just trying to clean everything up. uh the applicant is very interested in trying to make sure that they're in compliance with everything. Uh and there were some things like the building encroachment that the applicant wanted to address. WVL4400 wanted to address the as to the curve out. The reason that's just a bumpout is the surveyor just recommended following essentially the building line. So if you look at it as an overlay of the building onto an aerial photograph, it makes more sense than just as a visual bumpout as it's depicted. Okay. It seems like every time we do any kind of lot rearrangements, they don't like these little funky things, they want nice, clean, straight lines. I think for in the future, somebody's not trying to figure out these spots. But yeah, I guess I'm it's beyond my power, so uh Steve, you any questions? I do not. Nothing. All right. Thank you very much. All right. Seems as though there's no other questions from staff, I would uh and the board I would uh look for an opening or a motion to open up for public comment. I'll make a motion to open the hearing up for public comment. I'll second. All in favor say I. I. If there's anyone here that wants to speak to this issue, pretty simple. Uh major subdivisions are basically moving lot lines around. Going once, going twice. Oh, come on up. Do you have to give your name and address for the record? My name is Teresa Tingerthal. I live at 1711 Whitaker. Um, and I'm here just to to ask in plain terms what this proposal what I'm hearing here is this is just about cleaning up lot lines. This is not new building. It's not like new residential. It's not new factory. um the existing land. Um so just looking for clarification on what is being proposed. Actually if you see it on that screen that's that's basically what they're doing. Cleaning up these smaller lots just to make it more manageable so when the tip district runs out, these lines are defined. Okay. Is there any proposal to to put in more residential? No, we um or any any more buildings at this point? Okay. change. Nothing like changing up the lot. Okay. And you and when this was done, you wouldn't even except for some surveyors running around, you wouldn't even know they're there. Okay. Thank you so much. Anyone else? All right. I'll have a motion to close the public portion. I'll move to close the public portion of the hearing. Second. All in favor say I. I. All opposed. All right. What's the pleasure of the board? We're looking for a resolution for the major subdivision. I'll make a move to ma pass resolution for the major subdivision for Is it under the new name or under the old name? It's a new plat. So it's under the name of uh RM Innovations subdivision. Yes. Okay. Do we have to include the staff recommendations? Yeah. To include the staff recommendations as noted in the packet under the ser TKDA. All right. Do I have a second? I'll second. All right. Motion made a second. All in favor? I I opposed. All right. That motion carries. All right. Moving on. Item 7B. This is Wiper Lake Flex Base. Can I handle this one, too? Yes, I can. Okay. Thank you, Mr. Chair. This request might seem familiar. It has been gone. It's gone through a few different meeting processes over the last few years. So, the applicant is requesting an amendment to their existing permitted use standards permit to allow additional uses on the property. All of the uses are permitted within the industrial zoning district. Uh, you know what? I got to I need a motion to wave the reading. I'll move to wave the reading that the hearing was properly published in the newspaper. I'll second. All in favor say I. I. I need a motion to open up the public hearing. I'll make a motion to open the public hearing. I'll second. All in favor say I. I. I. Not that I want to get out of here in a hurry or anything. No worries. Thank you. As I stated, the applicant is requesting to amend their permitted use standards permit, PUS permit to allow additional uses. All of these uses are permitted by the township zoning ordinance in industrial district. The uses proposed are light manufacturing, offices, building materials sales, enclosed in buildings, offices, workshops, storage buildings, no outside storage, catering and food preparation, studio. The previously issued PU for this development only had warehouse and warehousing as allowed uses on the site. The applicant is also requesting a major subdivision approval for a common interest community or condominium plat condo plat for the property. The CIC would turn each individual unit into its own parcel for tenants or users to buy and own. Shared common spaces on the property would be managed by an HOA, a a homeowners association. A condo plat is unique where it is um approved by the county. It goes to the county first. Um it does need approval by the town board which is why it is in front of you today as a major subdivision. It is considered a major subdivision because each unit is considered its own property. Uh as I said, the development has been part of a few prior reviews. It was initially reviewed in June of 2023 and approved at the July 2023 meeting. Then they applied for a permitted use standards permit for their flex space use and that was approved and granted in August of 2023. The planning commission also reviewed this in April 2024 for a revised site plan and the board approved it in May 2024. Um, as I stated, the permitted uses for this zoning district are all met. There are no issues with that. The only thing to note is in performance standards, the zoning ordinance sets a minimum for parking in section 76.1. is shown on table one in your staff report. For industrial, for example, they need one one parking spot for each employee on the MAC maximum working shift plus one for each company owned vehicle, etc. For this property, that would total about 130 stalls. For offices, it would total about 324 stalls. And for warehousing, it would total about 65 stalls. So that would be if each use was its own like only that use on the property. Whereas the tenants of this property may have multiple mixed uses in there. So it might not be a total of 324 stalls of course. Um the P US does only approve 68 parking stalls on the site. So they'd have to do a mixture of these uses. It would not be all just one. In the permitted use standard section 9 3.4, it outlines eight different criteria listed before you in the staff report. If you'd like to go into detail with any of those, I'd be happy to. However, based on the applicant submitt, those criteria all appear to be met. As for park parkland dedication, similar to the previous request we saw tonight, there is a fee in lie of actual park land dedication that is recommended since no future parks are identified in the area. That's a fee of $4,632.73. This request was sent to all staff and um agencies that may have a say in this and no comments were received at the time of the report. Staff are reviewing the declarations and agreement for a maintenance and storm water facilities. The planning commission reviewed this at their February 2025 meeting and the commission recommended approval of both requests. the request for amending the permitted use standards to allow multiple uses and the request to approve a ma major subdivision for that common interest community that condo plat. These would be two separate resolutions with two separate lists of conditions of approvals. Staff recommends approval of the amendment to allow the uses as listed. light manufacturing offices, building material sales offices, workshops, storage buildings, and catering, food preparation studio. The proposed uses shall match those listed under condition two of the permit. The applicant shall adhere to all other conditions of the current permitted use standards permit, that's 2024, and the applicant shall pay all fees and escros associated. The staff also recommend approval of the major subdivision for that CIC plat. The following amended conditions are recommended. They shall pay the park dedication fee as listed in the staff report and they shall pay all fees and espos associated with the request itself. Are there any questions regarding this application? Um under the u you know when it was light and manufacturing I and I and offices I kind of had an understanding what that actually entailed. But when we get into these um offices, workshop, storage buildings, not outside storage, da da da, catering or food, those build does if there is a business that wants to buy into that space because these are purchased units now. So if they have to uh vent change the way the structure looks is that is that they have to come back to us because it I don't want to I don't want to see u exhaust pipes out of every side of that building I guess is what I'm going to say. So, uh, yeah. Any amendments, any amendments to the building would require building permit and, um, any other processes like electrical or if they're majorly changing it, um, that may be covered in the permitted use standards permit. I can't remember. So, and and so they have to come before the planning commission or the board for those changes, my understanding. Yes. Okay. And then uh each each one of these units is going to be a tax independent tax parcel. Yes. For the owners. Okay. That was there I guess the parking when back when I was still listening to this was going to be an issue. Is that resolved? I mean is there going to be depending on we're holding the parking to that one point? The parking allowed per their last amendment is 68 parking stalls on the site. Okay. If they want to increase that at all, it needs to be another requested amendment that goes before the commission and the board. Does that answer your question? Yep. Okay. Thank you. Uh there's really no room for that though, is there to increase it? Increasing the parking. I do not see that as a possibility. However, they'd have to workshop some things. They haven't constructed all the buildings. So, I mean, I suppose they could modify their layout. Well, but this designating all these plats with a P, they're going to have to even with the buildings that aren't up, aren't they, Chad? Are they still going to have to identify a parcel? Well, the floor plans would identify, correct? So, if this is a a final plan, I don't I don't see them changing anything, which means I don't see them adding any parking spaces. Well, keep in mind that they don't have all the buildings up yet. The only right now they can only create floor plans that actually exist. Future buildings would be new set. Okay. But back to my question, if the buildings aren't up, are they still going to get a P? No. Well, the remaining land would have, right? Well, then they're going to have to come back to us when they put those buildings up, those two remaining buildings. The same process will follow again. They have the right to file the floor plans directly with the counter, but use that has to come through the township. So floor plans they can file without any more approval use point out that's a different question they have to come back so I'm I still miss me the buildings that aren't there yet it's just going to be one P for that remaining parcel until the buildings put up and they can be divided into individual parcels. Yep. All right. which means it's going to come back to us for those two buildings, right? I mean, standard practice of condominiums when they they do that, they don't build all the buildings at the same time. They will create a condominium for the initial set of units and the future units. They'll have to come back and amend their declaration new units also. What they'll do is they'll set aside as outlaws the uh build location building. And uh we don't have a CIC in the township. This is something new for us, right? Not that I know of. Okay. So I'm I'm Well, actually, you know, take that back. Any of the town home projects that exist in the township that after June 1st, 1994 are CIC's? Is this the first time I've ever seen this this acronym for this? Well, that's because I don't think you have a condo in condominium in township. You have planning your developments. Town houses are different because town houses are lots themselves. They're they're actual physical lots. These are just basically typicals of space. And so when you say I can't get the Westwood that you approved the plat because that was that was actually creating lots but again those lots were part of a planning and development and I remember correctly that was built they were built after 1994 so they' be under 51 which CIC statute all right so if it's technically this is a CIC but now we mentioned HOA are they combined or does one supersede? No. An HOA communities town houses, condos, uh cooperatives, which again you don't have any of those any cooperatives. When you create a CIC under the statute, you create it by doing three things. One, filing a four set of four plans. filing is that declaration actually declaration comes first. Declaration comes first and the four plans are filed. They're actually four plans and the declaration are filed simultaneously. the bylaws which are documents which actually govern how the association works a separate document that's not important and the association has to be created under the under 515 stat well I'm just concerned that because this is a somewhat new for the township HOAs sometimes come and So, and do we are we required to see this HOA agreement before we Okay, this the HOA is actually uh I think that's all I had. Um Oh, Steve, was there any talk of limiting how many commercial uses are out of here there? No, there was no conversation uh regarding the number of or types that were there. I mean, how many units we got here? Uh 60. I don't know. I mean, I don't want 57 businesses in here. Well, I mean the general purpose was for storage, but they have they've people have shown interest u in putting other uses in there and that's why they came back to the planning commission saying we have some u business potential and these are uh items that would be allowable and so we want to amend to get to that. Well Chad, this probably another question for you then. Sure. Can we put a maximum of how many units can be converted into an actual business versus a privately owned storage unit? Only if the zoning code allows it and I think I don't think the zoning code as far as I know does not allow all the zoning code states is how much what uses are allowed also setbacks. Setbacks the amount of surface zoning uses I don't under the zoning I don't see any place you can limit the number of supply to do that it's the use that you got not the number so now I have to ask a question as it relates to food. Yeah. Well, you made me think u under catering and food preparation. Um in our new world order of cannabis, can that is that a is that defined as a food? A whole new world. That's the problem. Are we that that the ordinance that we have that has deals with that kind of restricts where it could be anyway? And I don't Now we're now we're entering the world of cannabis law. Oh, and why you got to do that, Steve? That's a good question. Because it's an added item that I'm not so sure we want to open Pandora's box. That's No, it's it's a good question. First of all, under the statute, there's a m there's a limitation indoors indoor growing size. There's a in I forget what is this. 3,000 or I I just can't quote off the top of my head the size of the indoor growing space, but there's a limit at the amount of the size of a of a cannabis operation. You also have the right to adopt amend where where these sites are located. And we did that. Yeah, we did that already. And you're talking about a micro grower probably inside there. There's manufacturing, distribution, there's all of which and there's growing. Yeah. Distribution could also now fit in these def well I don't know maybe it can't fit in the definitions but and that's the big problem with this with the cannabis law. state is basically use the term force occas well wouldn't it wouldn't it eliminated because of the uses we're allowing for this build these buildings if you look at the declaration the declaration actually does put a limit on as well because as I remember the declaration Only permitted uses under the declaration are storage and some manufacturing. In fact, I was u read it last night. I was in the package the declaration declaration and there was private restrictions. Nowhere in the declaration they say actually to that extent the declaration is works in our favor because the statute can only dictate what the government can control. Can't dictate what the private property owner can control. The declaration actually dictates what the private property was in this case person and we look at I look at it again but I don't believe I read the declaration I don't think they can that's something we can talk about but to move forward tonight u we is that is that a condition that we have to that we discuss that or is that to consider or how how do we address it and and move forward? Well, I would be hesitant to make that a condition because again under the statute. Okay. We're not allowed to do we're not allowed to control location as well up to a point any any use control that we create we being the township has to meet the statuto requirements and the only real controls that were allowed are to deal with locations in terms of schools, public playground facilities, recreational facilities visit miners. Yeah. Well, Chad, just with the what we're allowing with the office, workshops, storage buildings, it wouldn't fall into any of these categories anyways. No, not those. But catering or food preparation, it's edible. It's unedible. Hey brownies and the baker. Is this something we can ask the applicant about or is you go what? They are here the Yeah. Well, I'm just trying to get through my head here. What? All of a sudden we we went from uh guys storing their boats and cars and working on them to now we got full-fledged businesses operating out here. So, it's a big change from what we orig I mean I'm I got my questions answered as far as changing the the the facade of the building. That's got my answer there. The only thing I don't know about is the ability to to be a if cannabis is now a food prep preparation site in within because that's not where we said we would have those I believe. So maybe that takes care of it in and of itself. Beth, you got any more? Uh no, it's just down a rabbit hole. I'm sorry. I guess that you know I qu I mean I was with you. I mean, I thought it was storage and then we were allowing all these other things, but when you allow these other types of businesses, it came with, you know, different types of restrictions or, you know, the parking was one, but you know, now it's like you say, there's the HVAC issues and stuff. I mean, that wasn't where we started off. The the biggest advantage is there's no outside storage. There's not even room for outside storage, but at least everything's still contained in the building. As Chad said, if it's allowed, it's allowed. It's Uh something I also again you know the declarant the developer of it can privately limit the uses as well. Uh I just have one other question. Is it all inside garbage? There's no outside dumpsters. I don't sh I haven't looked into the site plan for that specifically. Um, I can pull it up while you ask the applicant if you'd like to. And the other one was a monument sign. Was that on the plan? I didn't see that either. I don't see it on the site plan either. That's that's kind of I think that's part of our uh uh development or I have to say when I read I read this online last night and I know the declaring was part of what I read online last night but I noticed the package I printed out does not include the declaration some wish I had it with me. I have the declaration in front of me if you'd like to view it. That would be a good idea. May I bring my laptop too? Okay. Indeed. In the meantime, is that all you had for questions, Beth? It was. I thought all businesses have a monument sign. What? Yeah. Well, it's I'm pretty sure it's part of our uh I don't It's town policy. So, currently my screen is You're the first one that didn't. They won't they won't they won't see any of this. Just drove by the other day. There's nothing there yet. No, I I know, but I Sometimes it goes up last. It's easier. Still a little confused about this part. Like for example, section 4 deals with the association membership. I said uh you know whenever you create a a common community be it a condominium, town houses which are known as planning developments or co-ops you have to create an association that's required under the statute. So that's in section four and everyone who owns a unit becomes automatically becomes a member of the association. And even if you're not an owner, if you're an occupant, you're still governed by the terms of the declaration. So they can't opt out. No, you can't opt out. In fact, um most uh I would suspect the developer if they're le any of the units say lease out will have terms in there saying you are obligated to conform with the terms of the assoc of the declaration. All right, have any other questions? One comment on your HOA question when you said they disappear. I think you know most HOAs involved our roads and so when the they were going to maintain their own roads and plow their own things and then they disappear and then it's into the township. I think that's where you were heading with that and this is a private property development. I don't see where the township would ever be in there plowing roads whether association or otherwise. So and actually with condominiums even CIC's there also the association does more than just maintain roads. It also governs um the uses has a right to enforce um levy fines, enforce the terms of the declaration. And section 7 is a restriction on use of property and that's the one that's I think the key and I note 7.1 says personal storage purposes only but it does say that the units common elements and limited common elements shall comply with all ordinances of the township in which the condominium is located which means that's why they they have the right to do whatever they have the right to make whatever use is allowed under our zoning code, but they have to conform to the zoning code. That takes care of my question. All right. Um, I'm going to ask for a motion to open up for public comment. I'll move to open the hearing up for public comment. Second. All favor say I. I. Applicants here, I believe. Mhm. You want to step up? Uh, name and address for the record, please. Uh Jim French uh N7429 1195th Street, River Falls, Wisconsin. It's a mouthful. Um yeah, no, great discussion. Um the Mr. Lemons hit on it a number of times here, but this the CIC uh further restricts uh the uses that the fac that we will allow, the facility allows. Um it limits um you know a number of things from being able to modify anything regarding the aesthetics um which is which is not allowed. It enforces any sort of parking restrictions um and it and it further allows us to limit the occupants that um purchase these units and occupy the units. Um the the intention here is that in and about 75 to 90% will be personal, you know, hobby workshop spaces for just individuals just uh storing their boats and stuff like that. Uh we do run into a number of individuals that have uh small businesses that have just overgrown their garage. Um and that is our intended client. So when we uh what we don't want is any sort of um business entity that would come into the facility that would be different than that. So we're um we talked with the planning commission about the potential of um there's there's a business licensing requirement within the town. Um uh and so what we do, our normal practice is is we'll we'll we'll prevet anybody that picks up the phone and it shows interest and then we'll make sure that they're working through the city on a on a business licensing standpoint if there was any business aspect to it. Um so that's just another checks and balances to make sure the intended use um uh aligns with the facility and aligns with the city. Um the one thing on the id just like to add on the light industrial uses. Um we're not opposed if there's any reservation uh to eliminating um this catering and food preparation studio as well. Um again our intended personnel in this is individual occupants and and small business on a on a on a small scale. Uh which that relieve your issues? Well, it would I' I would just like it to be said that there would be no we're not going to be growing cannabis in there. That's good enough for me. I you know I I I think we have a small business food business down on Outer Lake Road, not too far from here that may outgrow his garage. and if he was looking for a place to to put his uh products in there. I hate to say he's not eligible for it, but I I just didn't want to get into the slippery slope of the new the new era of cannabis as as do we do not as well. And while we can't direct you to do so because that would be skirting that'd be kind of getting into gray areas, I don't think it would bother the town a whole lot if you simply uh forbid all cannabis. Yeah. And you can look at the cannabis stat and if you have a problem with what sections we're talking about, give me a call and I'll point them out to you. Okay. Yeah, that's that's no problem at all. Okay. And that would be under 7.1. That's u 7.1 of the declaration defines what uses can be made of the units. Perfect. And then were you aware of we normally require a monument sign on the property designated your name and Whitebear Township's logo? I was not aware it was a requirement, but uh we would like to have one. It's not shown currently on our drawings though. Yeah, because I didn't see one when I was looking. And then refuge, is that all inside? It is. Yep. There's no Okay. So, everybody's responsible for their own refuge. Correct. But do you have a common carrier like I think just republic? So, they all have to have Republic. So, we don't have 57 trucks going through there. Um, we don't um have definition on restrictions of trash handling. That's part of what that's for us though, isn't it? Yep. Yeah, you're going to they have yours that we would we use a common hauler. Yep. For both recycling and refuge. There's no common uh trash pickup or anything like that on the site. And Beth, any other questions of the applicant? No. Thank you, Chief. No, I I think he's answered the questions. All right. Thanks, Jim. Thank you. All right. Did anyone else wish to speak to this? We got a room full of people. Somebody's got to be interested. Benjamin Carter, uh 6128 Good View Trail, Circle North, Minnesota. Um I've been um born and raised here in White Bear. Um been a contractor for 27 years and I'm one of the applicants that is applying to move into the first corner unit. Um, I've been dealing with Evan Mson and I've gotten a little mixed reviews as far as what uh we can do to the building. I I did apply for a building permit. Um, but it was my understanding that it had to go through this board to add lower windows. Um, because I planned on having the corner unit actually be a two-story office um with a see-th through um walking through to the other side of the building being um strictly warehouse. And then um so I just want to clarify. I know I've gotten back and forth um I guess um what can be done with that um whether the windows so that is altering the building. I think that's pretty much dependent on your developer also. Okay. I think I just heard him state they didn't want a lot of modifications to the buildings. Yeah. Um and and I've spoke with him firsthand on that and um I I mean between us I mean he he was okay with it as long as the city was. And then um as far as a we'll have to talk to the city. This is the town. We're getting touchy now. Was going to say something. We're a little sensitive on We're a little sensitive. Yes. Sorry. Um and then just to clarify too, you mentioned like HVAC pipes. I mean they did say that we're allowed a mini split per unit. Um so that is condensers outside and um just want to make sure that that's is that all just electric heat now or what is it or is it in floor? Um I don't in fact I don't think gas and here okay so just curious where that would land. Well Chad may ask a question for you. Do they have to abide by the developer that you can't modify the buildings? Um you know one thing I was I didn't see when I read the declaration is normally uh these these declarations have arch architectural control committees which basically governs what changes you make to the exterior of the building and is it I miss maybe I missed it. It is Jim. Okay. Okay. I didn't see it last time I read it but it's pretty standard so I was surprised when I you know didn't see it. But so two things. First of all, you you know, and I'm not going to give you legal advice because I'm here. I'm the town attorney, but in these declarations, normally, as Jim pointed out, there's an architecture, which you which they run, the declarant and the association run. So, you have to get their approval, plus you'd have to get the approval of the bu of the uh building inspector as well, building official. Well, I'm sure Mike's uh review of this is going to be dependent on if builder and the developer agree with it. He his hands are tied till he knows if it's going to be allowed. Yeah. Normally the first step in these kind of things is to is to talk to what I call the ACC, get their approval and then you talk to the building official. But uh you got to get approval of both. That's bureaucracy at its best. Yes. So, the first process is to is to do this tonight with the permitted use and and the subdivision. Then the rest of it has to fall in place as we move through the process. Sure. And then just one other um uh concern I guess um was I'm looking to purchase four units so to make it as you know one company. So it will be a bigger chunk and I just don't want to be under the microscope um for I know I've been dealing a lot with uh Evan Mson I mentioned and he you know was stating um I mean our business is just ran 8 to 4 Monday through Friday. Um we don't work after 4. We don't work weekend so I don't plan on having a retail showroom but um if a customer wants to drop off a check I'm not going to turn them around. Um, you going to do any manufacturing? Want to make sure that I have or sorry, are you going to do any manufacturing of cabinetry or mil? No, no, it's just pretty much just dry storage and office. Um, but I I just want to make sure that we're we're welcomed in that corner and I don't want to, you know, like I said, be under the microscope and you're doing this wrong or you're doing that wrong. Well, this, you know, with this amendment and this uh if we okay this tonight, obviously the that business is allowed. It's just a matter of fine-tuning if you can start changing the the look of the building. That's going to be up to the developer and what your HOA is going to allow, the architectural committee and then the town. Okay, that's all I have for now. Thanks, Ben. Thank you. Anyone else? Going once, going twice. All right. I need a motion to close the public portion. I'll move to close the public portion of the hearing. Second. Motion's made in second. All in favor say I. I. All opposed. All right. Does the board have any other questions? No. Feel comfortable with what we've got in front of us? Yes, I'm comfortable. I'm marginally comfortable. Kind of with that on this. Well, since it's our first one, I mean, yeah. So, I'll make a motion to allow the permitted use standard permit amendment with the staff recommendations as noted in the packet. Um, and with the notation uh that there as the uh developer has said that as it deals with the issue of cannabis, I'm perfectly happy. Is a major subdivision on there? It is. That's the second part of it. We're doing two separately, I think. All right. I'll second it. All in favor? I I all opposed. All right. I'll also make the recommendation for the major major subdivision request uh recommend approval of the uh subdivision to the uh requirements uh in the TKDA amendments uh one and two. I'll second it. All right. Motion made second. All in favor say I. All opposed. All right. Motion carries. Good luck, gentlemen. All right. Moving on. Uh 8A. is the park board recommendation for park board bylaws. Yes. Yes, Mr. Chair, in conjunction with legal, this is another uh clean up from years past. And Chad, when you get a second, we um we found that there were no there wasn't an official resolution or ordinance that established the park board as an entity within the township. Uh we are um submitting this to you for your appro or for your approval uh to get the park board officially recognized through um through ordinance during which we would have to go through the appropriate ordinance process so that the park board can adopt bylaws that they've been working on because right now it's kind of inapplicable if I'm not mistaken. Chad. Well, I mean, yeah, formally the park board doesn't exist. In our hearts, they do. Well, I mean, remember parkour part, all your commissions, boards are strictly advisory. So that their operation so far is just fine, but every every other commission has an ordinance creating it. So they not all created at the same. So when did it non-exist? How long back? From day one. No, I've gone through the ordinances. I It's far as I can tell it's never never never existed. Okay. It's never been formally created is a better way to put it. Yeah. And because it's an advisory body that it has no legal ram legal ramifications for it. Unlike the planning commission which is different by statute they do have authority. So they had to be you know that's a different situation but yeah you know your public safety commission utility commission they're all advisory it was okay is what I'm saying I think a lot of this has to do with indemnification too. Yeah, that too. It doesn't uh because right now it's not Yeah, it shields the it shields the members of the other commission. What it does and the township and the township too. So by passing this an ordinance that solidifies that part of it. Boy, when I So when I was on the park board, I had myself selfexposed. Huh. Yeah. For years. Steve, that's a thought. Oh, you didn't get yourself in any trouble. None that I know of. Yeah, right. That park's got to go back what, 80 years? Long time. As long as, you know, that's about 80 years. Wouldn't they have created everything at the same time? Apparently not. Well, no. Everyone was every all your permission to have their own separate ordinance. It just seems like they'd all be in a bunch here. Yeah. You'd think so. No. No. Okay. All right. So, the first step tonight on both of these is really the by the park board bylaws has got to be in a draft because we don't have an ordinance to actually exist first. Actually, the first step would be something simply to adopt the ordinance creating the park park actually reaffirming the park board. That's what you're really doing. Reaffirming. Okay. I don't even know if we're doing that if it didn't exist in the first place. Yeah, that's true. would say you are establishing your park board to adhere to required ordinance in statute formally accept adopting it. So the act motion is not what we're considering by the town board. Yep. Which is perfect timing. We we we exist and then we put bylaws in place. Perfect. All right. I don't have any questions since I was part of the kinds. Nope. I again, this is just kind of house clean. It is. It is. Um the park board's done good work with without this recognition, but now it puts it in a position where it's protected as well as the township. So, we can we can do these separately because they're two different Sure. items. I'll make a uh make a motion to uh adopt ordinance number 99 establishing the park board for Whitebear Township. I'll second. All in favor? I I opposed. Motion carries. Uh, and the second is I'll I'll make a motion to approve the park board bylaws recognizing that the park board has worked really hard to uh put this document together and it's really in a format that our other commissions could look at and adopt it. It spells out the duties and responsibilities very clearly. So, I'll make a motion to adopt the park board bylaws. I'll second that. All in favor say I. I opposed. subsequent to the establishment of the park board passing ordinance. Oh, we didn't vote on that. Did I get too excited? You can add that as a friendly amendment, I guess. Yes. Okay, I'll make that motion and you get to have a second. I'll second it. All in favor say I. I. All opposed. Just for the audience and folks at home, all of our commissions are strictly volunteer. I mean, planning, park, public safety, utilities, EDAB, these are all residents of the town that just volunteer their time. And uh the board relies heavily on their recommendations because a lot of this stuff, there's just not enough time in the day to review all these things. So, we we take our residents and and they spend their time and they they review and review and go over these things and by the time they get them finalized like Steve said, they've done a lot of work on these things for us to just kind of highlight and approve. So, and it's much appreciated. No, it should shout out to them and I don't know we have any openings right now. Yeah, we got a couple. I mean, if you're even interested in getting involved in township uh operations, it's a great way to start. I think all of us started there. I started on planning commission. Planning Commission Park. Yeah. So, you get a feel for what's happening in the town. So, all right. That uh concludes our regular agenda. We have no other Did we vote on this? We did. We do. We did. Okay. I'll make sure. All right. Open time. We still have a podium. Anybody got any comments, complaints? Bring it on us. Did you Did for all those that live here or did you sign in at the back so we know who was here? Did everybody sign in tonight? I did. Yes, I did. All right, Mr. Chair, we need a name and an address. I'm Futac. This is my wife Klette and also want to acknowledge Tim David behind me. Um, I want to start a discussion. Um, it is a uh an honor to be able to stand here and kind of carry an idea forward that I think has some has some uh real import. Let me tell you a brief story and then I've got an idea and then I've got a request. So, we'll make this quick. Um I've uh just come back from uh several months overseas uh France, Switzerland, whatnot. And um am keenly aware of uh the concerns people have not just in my own country but elsewhere regarding a current situation we are dealing with in terms of our politics and and our economy. And uh one of the things that was asked of me as I was uh there was uh so what Tom what are you going to do? And I said I've got a choice I guess right I can either be a I can be just an observer I can be a victim um or I can be someone who will take the next step forward. Um I came back a couple weeks ago and said okay let's see what I can do. The um the question in mind has to do with Canada and the question in mind has to do about the notion of neighbors. Uh I was born and raised in Buffalo, New York, spent half my life in Canada. Um always considered it a nextdoor neighbor and uh lo and behold, my my brother who also was born and raised in Buffalo uh in skinny, New York, uh upstate New York, in case you've ever had a chance to see a beautiful spot. um he had taken the initiative just a couple of weeks ago to propose to his uh city council that they address this issue of uh how to go ahead and open up the discussion with their neighbors to the north to Canada given the uh conditions of of tariffs and the condition of the politics that were wounding that long-term relationship. And so, um, what I'm decided to do is to carry that discussion here to to this to this board. Um, I passed out to you a a copy of what is the resolution there in Skinny Atlas in New York. You want to see this? Simply as simply as an example, uh, of what they are doing. Uh, and that is a it is a proposal that is in is in discussion and as I promised my my brother, it was uh, it was something I would carry on here. Um the idea is this that uh we would like to ask that this board uh look at the possibility of making a statement that is congruent with that resolution that you see in front of you. primarily the idea of that we need to make an expression a direct expression not just a nice intent um that out of deep regard I'll use the quote from the from the skinny adalist statement out of deep regard for and and affirms our historical solidarity with its Canadian neighbors we have a big we have a neighbor up north and we've got a 547 milei uh backyard with them Um and there there are two things going on. One, we've got an issue of uh commerce and economy. Uh we've got a situation where given the current situation of the politics, uh both sides are going to be severely hurt economically. Um since uh since n since 2019, our um our economic exchange with Canada has grown by 49%. They're bringing about $9 billion across to us. We're go about seven and a half billion across to them. That's in jeopardy. Uh also in jeopardy is the uh the question of travel and um uh the resorts and the idea of tourism. uh that already has suffered about 10% according to Canadian folk uh and Americans regarding uh real challenge about coming to the United States because of the concern about whether or not uh the difficulties crossing the border and as we all know sadly uh what has been some horrible examples of uh of people that have been detained uh rightfully or wrongfully. Well, with all those conditions at hand, um I'm asking to start a discussion. Um it's a complex issue. It's it's not a question of politics. It's not a question of right and left. It's a question of right and wrong. Um and if we believe that our neighbor uh to the north is something which is substantially important to us as motans not just because of the economy but because of the righteousness of it and because of the notion of how we treat our neighbors I'd ask that you consider that as a town board and then uh uh in however you wish to do it whether it's a commission or whatnot there's nothing in it about cannabis. Um, so I'd ask that that you give it a a read and a look. Now, where that takes it, I don't know. Uh, you've mentioned commissions. Uh, you you mentioned questions or comments on this. We can we can go. I'm married to a Canadian. So, so you're biased. Is that what you're saying? Mr. Chair, I have a lot of friends in Canada. If I might remind the board, [Music] um, typically when we have open time, we don't take immediate action upon what's Okay. So, what I would suggest is rather than put us uh put you on the spot to consider this tonight. We have you take what has been given to you and we add that to official business on our next agenda and you can weigh in. Chad, am I Yeah, that's correct. But I thought that's what he was asking. That's what I thought he was asking. I was just asking agreeing with that. There's absolutely no no way in which I'm asking for you to make a judgment whatsoever other than to be willing to accept that this is the beginning of a discussion and um and you take it from here and I add whatever I could. My comment was going to be uh does this fit to go into any of our commissions or or board? I'm not or not or is it an executive committee meeting more more executive I I don't know if it that's where I comes under any of our commissions actually take some time to digest it I think it's worth a discussion I agree on the agenda for an exec meeting where we can uh talk and our executive committee is we have that the last Friday or the fourth Friday of every month sure where we also don't take any action at those but if the board considers it by consensus to go forward to an agenda at a regular board meeting that's where it will take And then is there an opportunity for me or others to Yes, Sure. That's that's where it would be. And then Chad, from a legal perspective, there's nothing it's just like any other resolution. We if we decided to make a resolution legally, we Well, it's different. Most your resolutions deal with township operations. Have the power to do so. In this case, you're simply acting as citizens in the United States. I mean, we've done resolutions in support of firefighters and in police unions and those things similar to those. So, almost like a proclamation, I guess. I just like to say the process starts with citizens bringing things forward. So it's where we're thanks. Yeah, given the fact that this is going to require some discussion, the exact meeting is the proper place to do it because the board anytime the board discusses any issue other than issues of security or property sales has to be done an open meeting. Sure. And that's the best time to do it. Well, I think what we'll do is we'll have staff contact you when when this will go on an exec meeting agenda. Thank you. And you're more than welcome to sit in on it. And obviously the more people we get involved in the discussion the better. So I'd love to see this thing ripple out as far as it goes. Well to start with we need to just kind of maybe hit this at a at the surface before we get involved with having joint meetings on this. So understood. All right. Thank you. Appreciate it. Thank you. Thanks for coming. All right. Anybody else? Hearing none. I need a motion to receive agenda material and supplements. So moved. Second. All in favor say I. I. I need a motion to adjurnn at 810. So moved. Second. All in favor say I. I. I. All right. We have