We will call the meeting to order a little late at 602 and start with the pledgece to the flag of the United States of America and to the stands one nationice for all. All right. Any changes to the agenda? >> Uh, no, madame acting mayor. >> Take a motion to approve the agenda. >> So moved. >> Second. >> Motion by Kate, second by Josh. All those in favor? >> I opposed. >> All right. We have no presentations, proclamations, or acknowledgements tonight. we'll move on to public comment. So, individuals can speak for public comment on anything not on um the agenda for tonight. There's nothing under general business. So, if anyone wants to speak, now is your time. Just ask that you keep your comments um concise. >> Start over. >> Yeah. If you can address and then state your name and address my name is my name is Jerry Burks. Um, I worked at Boulder Point Golf Course since like 2018, and there's a lot of problems going on over there. But really what I'm here for tonight is two permits were issued for the owner to build two houses on that property next to the clubhouse. If he does that, it's almost going to ruin that golf course because that's taken the last piece of property away from building anything that will take on all the tournaments, outside weddings, uh, graduations, family reunions, and the idea was to put a building there and and take the pool out. the pool was useless. But if he takes that property with two houses, there's no way to do it. Uh the uh amount of people that can go into the clubhouse is 90. I checked on it today and I don't know if that includes the help that's working, but uh it would be 90. So, if you got that restaurant open and you got 50 or 60 people in there, plus you got a tournament that's running, I'm just going to say 90 now you're at 150 people. You're way over what you can have in that building. So, it needs another building if it's going to have a restaurant and have tournaments and anything else that you would have. So, uh, somehow or another those permits got out and we thought we were going to be notified by letter, but we found out later that the only people that got notified was people like 300 ft away. So, the uh, people behind that have the nice swimming pool, they couldn't wait to get rid of the cess poolool they got in their backyard, I'll tell you. So the mosquitoes and god knows what else was growing in there. But uh so they were they probably signed it in 2 seconds and I don't know if they were even golfers. I never did check that. But um we but we thought being that it was a uh a a um yeah what is it called? The group that that runs the >> HOA HOA. Uh we thought that everybody was going to be notified with letters and cuz that's kind of what um Warren that owns the place, he more or less told me when I was talking to him that letters were going to go out. And so I I thought we'd fight it then before the permits come out, but all he had to have was maybe one signature. And that's where how come we got behind with what with with what we're doing. Um but uh I do not live on the golf course. I live in Jordan. But I am talking for a lot of people because I know the situation. Like I said, I've worked out there since 2018. And uh if if this happens, it's going to it's going to really be bad news for the golf course because there's no way to have both of them open. If you have a tournament, you can tell all the people that are coming there to eat that they can't come that day. You know, that that's basically what it comes down to. And uh it I don't really want to get into it, but the people that are running it don't belong running anything. I've witnessed it all over the years. And uh there's lots of problems there. And uh I don't know the I my nephew was thinking about buying it. He also he owns a a multi-million dollar printing company in Minnetonka, but he wanted to sell it before he'd buy the golf course. Well, the deal fell through. So that fell through, but I've been trying to find somebody to buy it for 5 years and just not get I didn't get it done. I try to put a co-op together, but all the people that live there, they all got it their money stashed away in 401's and you know, it's hard to hard to get it. There's a a uh I'm not going to remember the name of the place, but there's a place up north that's owned. There's 43 people in that co-op that own it. So, I mean, it it just um I hate to see the course go down and it's being run so bad and it looks so bad. I I don't I just My wife says, "Why in the hell do am I doing here?" You know, why am I caring? A lot of them people over these years become friends of mine and I care for them. And it uh I'm I'm trying to stop it. And just before you started here, I said right now the only way I can see to do it is I would pref I would prefer that the city of Newark, Elco, New Market would buy that course and then maybe later down the road you get somebody that's solid, you could sell it so you'd have private ownership again. But but by what I was told that when he originally opened that golf course in 2002, he only had to keep that course for 10 years as a golf course and then he could do anything with it he wanted. So he's he's got a wide open he can shut it down tomorrow if he wanted to. And uh that's basically all I got to say. But um I just hope you guys can at least get those those permits back somehow or another. I don't know how you do it, but I mean I uh I used to be as a Ford service manager and I took care of all the court stuff and there isn't anything that you can't appeal. I mean if you got into the courts, but I don't want to get into the courts for this and and I don't I don't want to pay a lawyer for it either. But uh I think you people got enough authority to do something about it. And u I'm I'm hoping that you you will because as of right now I I don't know what to say. But I'd gladly put in my time for getting it straightened out if you guys wanted to do it. But I'd also tell you that I do want somebody that's going to be stepping in pretty quick. I've got a couple people in mind that I think are very capable of doing what I want to do with it. And uh I um they but but the people out there, the ones that I've talked to and I used to I used to get a cart. I'd go through the neighborhood and just talk to people and they want a restaurant there. They don't want that restaurant closed. They want to use it. I talked to one guy and he says, "Oh, God, I'd love to have that open. He's a single guy." He says, "I'd eat there at least three times a week, you know." So, and in my menu, I I also started out as a cook. I've had a lot of hats in my life. And uh I know how to make food. I know how food is prepared. I know how to make it really good. And that's the number one thing. You've got good food, they're going to come. And the other thing I'm going to put in there is some live music that people just uh it doesn't have to be pros. Just we got a kid in Jordan. He plays a guitar. He plays the accordion. He plays harmonica. And he can sing damn good, too. And he he just goes around and and plays and gets lives off the tips. And so that's what needs to be in there. And and I've got I'm going to keep going here for a minute. I got another idea that I'm going to put a piano in there. One of the old pianos. And I'm going to paint that sucker as bright yellow as I can paint it. And then I'm going to put all kinds of musical notes. I have a artist that that I know and he'll he'll I can do the painting of the piano, but he'll do the all the artistry work on it. So we'll have a piano. We'll get somebody playing a piano in there. And I guarantee you one thing, there will be a Santa Claus. There will be an Easter Bunny. We want to make it familyfriendly. I don't care to own a bar. I want to make it family friendly where everybody can come and enjoy themselves and have different things. The other thing I was saying about that building, I I could get that building built for around $45,000. It's a temporary thing. It's not It's not a brick andmortar type building, but it would hold a lot of people. And then on the top part of that deal up there, I was going to put in a bean bag court. I'm going to have eight eight bean bags sessions. And a friend of mine makes these and it'll be all the sports teams of Minnesota. And and there's one other thing that I've noticed and it's been for years. You know, there's not even a sign out on two that says there's a that there's even a golf course back in there. There's a lot of traffic on that on that road or I guarantee you a quick trip would not have built a station on it. I was up in Wisconsin last weekend and I ran into the busiest station I've ever seen in my life and it was a quick trip and it was up by Hinckley and I tell you that every pump was full. People were going in and out of that place like crazy and I know that the growth rate of Elco New Market I believe it was a few years ago about 190%. I don't know if that's accurate anymore, but that was what we put together. And uh anyway, I've been working on another thing, too. I want to get electric bikes on the golf course, and it's going to bring a lot of the younger group and get them going on on golfing. So, I'm going to shut up now. >> Thank you for coming. We appreciate it. Okay. >> We'll take your comments under consideration and decide at a future meeting if it's something we want to discuss further. >> Okay. >> Thank you. >> Thank you. >> Thank you, Jerry. >> Okay. Am I done? >> Yeah. >> Okay. >> Anyone else for public comment? >> I should I say something at this point at all or am I on the agenda for the >> Nope. We have nothing under general business. So, if anyone wants to make comments under public comment, they can. No, >> I'm just going to start it and then if it goes So, hi. Um, I'm Robin at Denny Rston and I'm also a Leap Paw Vet Clinic. Um, I've spoken with a few of you, um, and Renee and some other, um, people because I'm interested in trying to do something to help out revitalizing part of downtown, but I'm hitting roadblocks. And short version, um, the windmill property is up and I've looked into it a little bit. It would require rehab and I'd be looking at doing it back to on the outside what it kind of is if the contractor can, but the inside would need completely redone. And so when I spoke with Renee, it comes into these, you know, you have to pay this amount of money and it turns out my business might not be zoned to be there. And I was hoping as a city council, you guys could also look at making something sustainable if we make a change to either the zoning or conditional uses. But I also don't want to start putting thousands and thousands of dollars into something if I'm going to hit a maybe or a no. So trying to figure out the best way to go about this. um because some of the zoning things are also confusing where it says clinics, it doesn't define human versus vet, but then in another place it does say stuff about vet. And so I'm just reaching points where it's a little bit vague to me and I'm looking for guidance and also because it's going to help the city knowing that the city would actually support that I'm trying to do it. Um I just fear that somebody's going to come in and private equity flatten it to the ground and we're going to end up with a subway there or something. Um, so don't have anything. I'm open to questions. Happy to talk with anybody if they had things. Really open to guidance if you guys have thoughts on where to head. I think that's it. >> And we do not normally respond during the public comment portion, but it potentially could come up later in the meeting during council discussion tonight or at a at a future meeting. Okay. >> Thank you. >> Anyone else for public comment? All right, we'll move on to the consent agenda. Is there anything anyone would like to pull? >> Motion to approve consent agenda. >> Second. >> Motion by Josh, second by Kate. All those in favor? >> I opposed. All right. Nothing under general business. No public hearings and nothing under general business. We'll move on to reports administration. >> Uh just real quickly, um we did have our new utility billing office technician start on Monday. So Stacy is off and running already. Um that's all that I have right now. >> Public works. I don't think >> Corey didn't have anything specific beyond what was in his written report. >> Police, we don't have chief here. No, but I can tell you that we did conduct interviews today, first round interviews for our two vacant officer positions. And at this point, we're will be inviting four candidates back for second round of interviews. >> And I'll also mention too, I attended the first ribbon cutting with um Sergeant Garris and it went really well. There were a lot of people in attendance. Um Congresswoman Angie Craig was there talking about her federal funding to support it as well. Um media was there. We got a little tour of the facility and I think we're going to get a lot of use out of it. So, it's pretty cool. >> Fire. >> Uh, nothing new. >> Engineering. >> Uh, we had indicated that given the relatively short length of the meeting tonight that Luke did not need to be here. >> Community development. >> Um, Renee, did you have anything? >> No. >> Parks. >> I can see looking at her chair. That was a joke type of thing. >> Um, >> parks commission meeting last week, relatively brief business. Uh, one is they kind of wrapped up the discussion related to community gardens. And the ultimate conclusion to of the group was that they would not be forwarding it on to the council for consideration. That while it's an item we should keep in the back of our mind for at some point in the future, um, now is uh, not a time to move forward with that um, for a variety of reasons. um you'll be able to read the minutes and it'll have information related to what that is. And then the other item is they wanted to put a uh kind of like a a plaque type sign up on Pete's Hill related to uh basically saying this is the geo marker. This is what it is. As you guys know, there's a geographic um monument at the top of Pete's Hill. And that was it. That's all they had on the agenda. >> CC All right. Our other committee and board reports scale meeting tomorrow. >> Yep. Um just to note, I am um I will not be attending on behalf of the city. I have a wife has an appointment that I have to help her with. >> Nothing from service delivery or executives. >> No, we have meeting on Monday. >> Okay, perfect. I35 we're off for the summer and then any policy committee updates >> they're next week they start back up the second round or second meetings >> any discussion by council tonight >> um so to to raise up um the one of the public comment pieces too it was one of the questions because I was reached out and um started looking at some of the zoning and and things like that. So, I would be interested to have staff come back at a future meeting here um with, you know, what certain businesses are zoned as in the B1, B2, B5 districts. Um and just specifically related to the veterinarian stuff. Um it kind of sparked the I'm curious why why is it this a permitted use? Why is this CUP just so I think whether that's staff have a recommendation to send that to planning commission or have a discussion I think the questions that um it raised in my brain were of like why why is it not allowed in the B2 maybe whatever the downtown district business district is and um why is it allowed in every other business district or or whatever. So I am interested in having a discussion about that and I think it's a broader than the specific thing right now that was certainly the catalyst to get me thinking about it but um I would be interested in in some sort of conversation and would it be more so just thinking about um roles um uh normally what will happen is if the council wants to have something looked at within the zoning or subdivision ordinance they'll say direct the commission to look at a section or evaluate it or render an opinion. Um if the because any changes to those require a level of analysis and also a public hearing with regards to any recommendations. Now sometimes the commission will look at it have a recommendation on a proposed change see if you guys are okay with it before they hold the hearing. But just to be clear I kind of understand what role the council will play in the process. Is it would it be more efficient to just say, "Hey, we want you to take a look at the ordinance uh whether or not these this a particular use or these uses should be permitted within this district either as a permitted or conditional. Just send it there now. >> Um unless unless you guys want to make the decision and dictate the decision to the planning commission." >> No, I it feels to me like that would be the most appropriate. I want it to be the most appropriate follow the process and be efficient as well and not you know hey make a recommendation for you guys to look at this and then they you know depending on their amount of priorities and I don't know what they're currently doing looking at specifically or whatever. So if it's a yeah we'll get to it six months well no that's not acceptable but if it's a yeah okay we'll we'll turn it around and we'll look at it and at the next meeting or or start the conversation there and then do whatever steps of the process need to be done appropriately absolutely. Um, and specific to, you know, just to be clear, veterinarian clinics without kennels or, you know, so have similar conditions, but again, I'm getting too far into the weeds, like let them evaluate what's permitted, what's not permitted, and and um I think that would be beneficial. >> So, I I do want to point out there are two ways in which changes to the ordinance can be initiated. One is that um there's a a larger policy issue related to some aspect of the ordinance. For example, we we went through a comprehensive review of our lot sizes and our various zoning districts recently that was selfinitiated by the city based on the recommendation of the commission and we took a look at it. The other way is that um an individual or entity would like to have the city make a specific change or look at a change of the ordinance and they'll make application. We have process for that and there's fees process and I believe that's what Robinette was referring to with regards to the fees and that usually consists of a non-refundable application fee which is intended to cover and really doesn't our internal expenses and then an escrow to cover external expenses usually consultants in this situation most likely any time that the city attorney would need to put towards it. Um there there's both ways can be done. Um just recently I was asked knowing that this conversation might come up. I had asked you know how have we done it in the past? It's been both done both ways in the past but very recently actually we had a entity that wanted to change the rules on the property immediately next door to the windmill related to auto sales and the city required them to make application for purposes of that change. um there's no right way to do it. I think it becomes a policy decision given the nature is it being done as a larger consider you know is it is it a large scale self-initiated larger policy issue or is it being done in response to a specific for a specific individual on a specific property that's up to the council to parse out and give direction on but as far as the process itself is how we get there I think if the council thinks this is something that should be looked at or they're receptive to having this looked at with greater scrutiny. Um I think two things can happen. One, um they can indicate to a potential applicant that yeah, as a city council, we are open to the idea of looking at that use possibly being permitted as a permitted use or conditional use permit in that district, but it would need to go through a process with the planning commission. And while we indicate an openness to the discussion, we can't guarantee an outcome because there's a there's an analysis public hearing and there's a process that goes through and that you guys realistically can't predetermine. Um the other approach is that um the council could say no, we think this is just maybe something that needs to be looked at in the ordinance and direct the planning commission to take a look at it. The process as far as doing the analysis and the hearing is the same. um but also again would not be able to guarantee an outcome. But I think for an interested party or a potential applicant, um it would be helpful to know that there's at least a there's a receptiveness to taking a look at it even if a an outcome can't be guaranteed at this point in the process. And I'm very receptive to having the conversation and welcome the analysis and look into it and you know I could probably be persuaded multiple different way whatever of which direction makes the most sense of submitted application versus direct. I mean, to me, as I'm talking about it, it feels like I I just want to direct the planning commission to to move forward and look at it knowing that a change would be for the broader community um and it would be in all the business districts and and I guess a question kind of along those lines. Would any of this ever be beneficial since we're I know we're going to the comp plan stuff. I mean, is this separate and distinct from the comp plan work? So, it we wouldn't benefit by doing this and then we could feed it into the comp plan. It's it's at much more granular level than the comp plan's at. So, >> okay. Um, so I mean I guess my initial reaction or position would be to direct the planning commission to I would I would like to see that done. Maybe not everybody does. >> I agree with you. I'd like to see it done. >> I would too. And just like more broadly maybe with the planning commission of like the B2 district and like what other like sects of the businesses like that could apply to. But I think just like as we grow and continue to see main street change like I think there's other sectors that could be impacted >> like what because that >> section was not relatively we just rel we did this process not very long ago for that for actually all the districts. So it's not like it's well aged. So, I guess the question is if are you looking for a a full rebuild from the same people and not two down the road or are you is the council directing a look at a specific business type? I mean, my head was at was specific to this >> and again, Catalyst is bringing it up and and we have a prominent building in downtown New Market side that is up for sale and I mean, so there's the timeliness to that whether anything pans out with future businesses or anything like that. That's I don't have a crystal ball, but I think that kind of sparks the urgency or or whatever that I would like to see it done specific to this. Um, and just looking through the the ordinances and I was messing around this morning looking and it just sparked maybe broader conversations too that you're talking about. I was like, why is this allowed in B1 but not B2 when they're right next to each other? And so I mean, but that opens up a whole can of like nerdy Josh stuff getting into some of these things and the the wordage of it. So um we could do that future. But right now I think my goal was to specific to this um the veterinarian clinic without kennels specifically. >> I agree and I think it is just an added bonus of getting more eyes on it again refreshing and if there are other things that do come up and someone wants to take that initiative. So to be clear, did we're summar. Yeah. Yeah. >> Um that the >> what I heard you say was >> what what the vibe I'm getting. The consensus is that council is directing the planning commission to look at veterinary clinics without kenneling as a permitted or conditional use within the downtown business district. Is that correct? >> You make a seven minute conversation into 30 seconds. That's good. >> Okay. Um, community development staff in part is here. So, um, from a timing standpoint, I also want to set realistic expectations. Um, we already halfway through August. So, we're probably not going to hit the August. So, this would be a September, most likely a September planning commission discussion. Normally, we'll review it. they will come forward typically come back to you guys with a like here's what we're thinking and then if you guys are like yeah we agree with your analysis and recommendation then we would schedule the hearing for the following month and then you guys would adopt the ordinance at the council meeting following that. So from a timing standpoint for interested parties that might be interested in timing um you'd be looking at a September discussion if it concludes in September like it doesn't get complicated drug out or additional research but let's assume it's encapsulated and the recommendation comes forward would be at this end of September you guys would hear that at your first meeting in October. If you're like yep sounds good the hearing would get scheduled for the October probably No, >> depending on how >> because of publication >> the soonest it would happen is the second would be the meeting in October and then you guys would see it then the first meeting in at the November meeting. If we we can't hit that then it shifts that timeline back a month. So before the end of the year is a very reasonable expectation, but because we have hearings are required, we have hearing notifications and the meeting schedules of the planning commission and the council, that's the general time frame we'd be looking at. So that would be important for an interested party to know for purposes of potentially negotiating purchase agreements and things like that or contingencies and therein. >> That's why it's better to start it now so that it doesn't go into next year. I would I I would say yes if you want to if if you want to get it moving sooner because if you guys want to like have a larger discussion at a future council meeting or anything like that or and that's why I was bringing that up if you're like no we want to have staff bring it back at for potentially you're potentially adding a month to the process there where if it just goes straight to the commission that would be the most direct route. But in the meantime, if timing is an issue, there is still the application process that currently exists that we have. Correct. >> We have the application, but the process is essentially the similar. >> That's a good question, though. I mean, but if if somebody submits an application, do we have to act on it within a certain period of time or does that not have to comply with like a 60-day timeline or anything like that? Is that different? >> I mean, does it shrink? I mean, does it put a box, a tighter box around it? Because our box right now is looser because we're directing council the commission. >> I think it does put a tighter because I think it would just go to planning commission and they'd be making a recommendation to the council rather than like the back and forth the process Tom laid out >> is yeah >> that's a extra back and forth. >> Yeah. What you That's true. If we're going to hit the 60-day time basically you're drafting an ordinance. It goes to the commission. They say yes or no or tweak it and they send it to you guys. >> So there's less flexibility to make adjustments through the process. It's either it's generally an up or down. if that's if if if we would be subject to the 60-day rule. >> Yeah. I just wanted to like call out that there are still like two options and both not guaranteed outcomes, right? Has to go through the process, but there are still >> No, it's a it's it's a beautiful point and and so I mean I think our direction is do it this way. Anybody could still submit an application if they're interested to potentially uh impact the timing or or if there is impacts on that, they could do it that way too. >> Do you still understand? >> Yes. No, I'm just waiting for any additional comment. So, no. So what I'm hearing still is that the direction is to the commission to take a look at veterinary uncenneling or without kennel veterinary clinics in the downtown business district as a permitted or conditional use which they currently not either of those and whether or not they should be permitted or allowed as conditional use and staff will add it to upcoming September agenda for discussion with the commission. >> Sounds good to me. Any other discussion? That counts. >> Next goal is we speed up government process. >> That's a big be here for a long time. >> Motion to adjurnn. >> So moved. >> Motion by second. >> Second by Josh. All those in favor. >> We are adjourned. 6:30. >> Good meeting.