in so we can't uh hello everybody I am calling the Monday April 8th 2024 Planning Commission meeting to order here at 6:30 p.m. uh tonight's meeting is being held in person and also virtually by using Zoom as chair I'll be leading the meeting and the public will be welcomed to participate when invited uh members of the public May attend the meeting in person or via online Zoom if attendees if attendees online experience audio problems we suggest you leave the meeting and then rejoin uh additional instructions on how to participate online are posted on our website www.bville.org [Music] comments to City staff or mail your comments directly here to City Hall so the zoom instructions for participating onl online are uh go to zoom. usjoin and type in our meeting ID which is 815 8379 99688 once you're logged into the meeting please use the chat feature to tell the moderator which item you wish to speak to you may also so phone into the meeting at 651 372 8299 uh it is the same meeting ID 815 8379 99688 um for each of our public hearings I'll open up a time when callers may speak and we'll give you more instructions at that time your call will be muted until it's time for you to speak please know that there might be a slight delay due to differences in technology and if you're speaking by phone please mute your computer since that may be confusing with a delay okay those are our instructions uh our first item is the a adoption of the agenda um are there any changes to the agenda from staff no changes no changes from staff any changes from the Commissioners no changes from the Commissioners seeing that I'll entertain a motion to adopt the agenda uh commissioner bradock motion to adopt the agenda and a second by commissioner John second thank you commissioner John all those in favor say I I I any opposed motion carries second item is approval of our minutes from our last meeting on March 11th 2024 are there any changes to the minutes from staff no changes any changes to the minutes from Commissioners uh seeing none I'll entertain another motion to adopt to approve the minutes from our last meeting move to approve the minutes second moved uh all those in favor say I I any opposed motion carries uh we're on to our third item this is a public hearing this is the application of CSM Parkplace LP for a planned unit development amendment to add a second drive-thru Lane and construct a new canopy structure on the chickfila restaurant located at 1200 County Road 42 uh presenting uh Miss G Ro planner thank you uh Commissioners and members of the public we did get a request late this afternoon from the applicant uh that they uh wish the public hearing to be opened and then continued to your next meeting which is April 22nd uh to allow them some additional time to uh take a look at their plans and consider some modifications and um we advise that we would let Planning Commission know that and uh so the first item is a request then to um continue this public hearing to your April 22nd meeting um okay so do we open the public hearing and then just leave it open until the next meeting okay correct no presentation staff presentation until uh our next meeting correct yes okay so I will open the public hearing at 6:34 um on this matter uh CSM Parkplace uh application and do I need a motion to continue yes then I would love to have a motion to continue commissioner John I would like to make a motion to continue this to a further meeting when the applicant is ready this excellent yep s sounds right okay sounds right and we'll have a second second seconded by everybody Al those in favor say I I any opposed motion carries thank you okay item number four on our agenda this is a public hearing the application of Richard Richard Macwan for an interim use permit to continue operating the shalet golf driving range located at 11937 Interstate 35W uh presenting Uh Kevin trinsky Community Development assistant thank you chair uh before you tonight is an application of uh Richard Macwan for an interim use permit to continue operating the shell golf driving range that's off of Interstate 35W uh 11937 Interstate 35W uh the site is about 272 acres and it is currently unplatted normally with our land use applications we do require platting uh but since this isn't interim use we will not require plating at this time and that will wait until uh they come forward for a more permanent development in the future so the site itself this is the freeway dump site and the driving range uh was originally approved as an interim use at this site in 1994 and it has received additional interim use approvals in 2005 and uh 2013 you'll notice in the photo here directly to the west of the site is a city Trail which was constructed in 1996 and to the north of it has recently uh received some improvements that you may re recall uh came through here within the last couple of years and there has been a a new connection to Bloomington across the bridge over the river so that's the Site Area here the zoning of the site is the B4 Gateway Highway commercial Gateway District it is guided for business retail and office uses in the 2040 comp plan uh the surrounding uses are commercial and Industrial primarily and then uh natural Conservancy to the North and the site is also part of some environmental overlay districts including the drinking water protection overlay the Wetland overlay and portions of the site are in the flood plane of the Minnesota River so I wanted to kind of give you some context on this uh interim use permit at the site so in 1993 this was the site plan that was submitted to the city and this is the plan that um the site has been operating under through the duration of the time it's been operating here so it's a pretty similar layout to what will be coming before you tonight I should note on this plan here it calls out there's some light posts that are along the western edge here that were originally allowed to be constructed for the use of having protective netting which is also called out on this site plan here and there's other lighting back in here but otherwise the site is pretty much the same as it is today so their proposal today is very very similar to that however they are proposing a plan that does not include netting or Lighting on the site so the existing conditions there are lights on top of many of those poles along the western edge and the the southern edge of the site and there is currently no uh netting installed along the edge there their previous interim use permits do require The netting along the side there but uh I just wanted to point out the differences between the historical approvals versus what they are proposing today so some staff considerations we took a look at this plan with the development Review Committee uh made up of all the staff reviewers and uh it is the drc's recommendation that netting be installed for Public Safety uh along that western side there this is primarily due to the proximity of the site to that bike trail and to the interstate uh with the newly opened connection to Bloomington there's increased access to the trail for more users so we feel that it's even more relevant right now than it always could have been uh netting has always been a requirement of their interim use so it's nothing new that we're requiring as a a result of this application uh The netting the protective netting was the reason that the city allowed for the construction of those light poles in the first place on the western side of the property in the historical context of that uh we were looking at minimal disturbance to the site in the first place so uh by allowing those light poles to be constructed at all that was a disturbance to the site and we allowed that for the the purpose of that protective netting and then it really is common practice among other golf users in the along the interstate or in other urban areas to have protective netting so it's very in line with uh other types of uses like that other con considerations so we do see this driving range as an amenity to the community and it allows for good use of this land without a permanent Improvement at this time so in the past the requirements for concrete curbing the construction of a permanent building and the installation of the footings for the light PS and tree plantings on site those were waved by the city council due to the uni the unique nature of the site as a land fill uh with that the dirt cover cannot be pierced to try and help uh eliminate any potential environmental impacts to the site so that's why there's there's a unique situation there that has allowed the city council to wave those requirements in the past approvals so we'll continue to allow that as is uh the city will require an electrical permit for the abandonment of the lighting on site this is just to ensure uh that any wiring that's associated with those lights is abandoned in a a safe manner that won't uh cause any safety issues for people nearby or for anything in the area and then I should note that the uh Minnesota Pollution Control agency did provide comments on this project and our City's engineering department has reviewed the letter and agrees to partner with the applicant to identify some best management practices and overall staff is supportive of this project so with that um staff recommends that the Planning Commission recommend to the city council approval of the interim use permit to allow the continued use of the Chalet golf driving range uh subject to the following conditions we're recommending that the conditions of previously approved iups shall remain in full force and effect uh the termination date will be December 31st of 2033 so a 10-year permit which is in line with the other iups that you've seen in the last couple of years so very in line with the other uses in that area at the time uh we're including a condition that netting shall be installed on the existing poles along the western edge of the driving range prior to opening for the 2024 season and they shall remain in place through the duration of this iup and the application shall apply for an electrical permit with the city of Burnsville by June 1st of this year or before operations begin for the 2024 season whichever is earlier for the abandonment of lighting on site uh the existing lights on site shall be disconnected from power and no overhead lighting is to be utilized on site without providing a photometric plan and light fixture details just to demonstrate that the lighting meets the ordinance and that the property owner is aware that the comprehensive plan identifies future right of way may be needed for a new interchange along i35w that's a a similar condition that we have included on other uh mrq projects lately there's a a map that's in your background reports that illustrates where that interchange will potentially be it's not planned at the time but if there is one to come in the future that's where it would be and this condition just acknowledges that the applicant is aware of that um no additional signage shall be installed prior to the issuance of a sign permit um the applicant is responsible for satisfying the comments of any external reviewing agency and to obtain all required permits and the applicant shall submit to the city engineer the studies conducted by bar engineering which are referenced in their narrative letter with with that this is a public hearing tonight and I can stand for any questions uh thank you for an excellent report uh Mr trinsky any uh questions from Commissioners and and uh we also have before I open it up we also have uh commissioner Timberman on Zoom right yes okay hi chair okay I'll let you know when you get to speak how's that very good I will uh I will have a couple questions for Kevin here but I can wait okay um I think commissioner JN John you're first yeah when I read through this that 2033 threw me off I was like man that's got to be a Mis type but 2033 that's crazy 10 years that makes sense anyway uh my first question is on you said that netting had been had always been required but has never been installed or I'm trying to think of a time when there was netting over there has has yeah what what makes us think the applicant is going to put netting up now if they hadn't in the past so in all of the previous approval reports it acknowledges that the netting will remain in place so it tells me that the netting was there in the past and that it no longer is there so maybe I never saw it maybe it was there I don't know but it's a it's a place you pass by quite often because it's right off the freeway as it is and then uh there was another question I had as far as for as far as maintenance and upkeep we talked about uh working with the city engineer on what needs to occur what H what needs to happen to ensure that um water doesn't penetrate into the drinking water yeah I'll refer that to our engineering consultant yeah um thank you we are we are just going to support whatever the mpca is requiring of them um they provided that letter as we mentioned um and then any other requirements that they have prior to approving anything for this um but the city will work with with the applicant and um help them in any way we can to move forward any bmps that they may need to install okay and you're not aware of anything at the moment that not any specific um requirements know okay thank you uh uh commissioner Anderson um Mike question was the existing poles that are on the site are they sufficient so that the mpca doesn't feel it penetrates those penetrate the surface yeah so in the mpc's comment letter they said that they do not know how the poles were constructed so they aren't able to comment on the the quality of the construction at this point I do know that the poles were allowed to be constructed without footings at the time uh whereas we would require footings for poles of that nature elsewhere and this was to try and mitigate any of those issues that the the penetration would have caused at the time so that it was taken into consideration when we allowed these poles to be constructed but at this time there's no requirement that they put the poles in with footings correct um any other questions from commissioners before before I hand it over to commissioner Timberman uh I I have a question so uh condition number eight the applicant is responsible for satisfying the comments of any external reviewing agency and to obtain all required permits what are some examples of those mpca would be one of those are there other external agencies that may be wanting to review this yeah so we send it to um we send it to minda we send it to mpca and uh any of these external agencies are allowed to make comments we aren't responsible for enforcing their rules uh we're just allowing them to see these applications and provide their comments so if there is any permitting that would be required of any of these agencies uh this condition just would ensure that we're doing what we can to help aid in that process but we're ultimately not responsible for enforcing these external agencies rules okay thank you uh commissioner Timberman yes thank you so Kevin I'm looking at the letter that PCA sent back to um the applicant and their letter was addressed to Richard mcgan uh dated March 6th and in that letter it says that the driving range is cited on top of a former waste disposal area which was classified as a priority qualified facility in the mpc's Clos landf program um it goes on to say that the site is in the drinking water overlay which uh I know you covered and that we need to be cautious to prevent infiltration now I've got a number of questions related to this site um with this designation that mpca has pointed out um the first one though is is still coming from the letter and that's talking about infiltration and one of the comments that they made uh was about the light Poes but they went on to say that there uh is evidence that driving range area has been irrigated in the past which would increase the amount of infiltration um through the waste in the dump into the groundwater which directly moves into our drink source so I have a lot of environmental concerns about this property we know that this particular D is onlined we know that there have been years of discussion between the city Burnsville uh the property owner mpca um Department of Health and I'm looking Kevin for an update on what those remediation efforts are on this property um and then also you can address the the irrigation issue because I do not see that as a recommendation on the um on staff's recommendation list here yeah so in regards to irrigation uh the applicant did respond to that comment they provided me an updated narrative letter where they stated that they only irrigate as needed and they do that minimally to not overly saturate the ground I can let the applicant speak to that more if you want to hear more about their irrigation practices but that's what they've provided to me as far as any other um mitigation efforts I would also have to let the applicant speak to that as far as what they're doing to try and uh help out in that environmental concern area uh does engineering have any other comments regarding the environmental mitigation um no not at this time we aren't working with the applicant to do anything specifically so and Deb you have something if I could yes commers um as far as the uh the mpca uh they are still working on mitigation for both this site and then uh the freeway landfill which is on the West Side uh of the freeway so uh they are still looking at uh the same options that have been under consideration for several years now um basically uh they would remediate by digging out all of the trash from this site um and then also all of the trash from the freeway landfill site and the options would be then to um either move uh the landfill uh further to the east dig a new hole basically line it uh and then put all of the garbage in that um in that space uh they could also be looking at um uh dig and haul uh operation where the waste could be dug up from both sites and then take an offsite to a a waste facility that can accept the type of materials that will would be found uh in that so those are still the mitigation strategies um there's not been really any changes to that that staff is aware of thank you uh yes commissioner Hamilton so regarding the mpca are they viewing the cleanup as separate projects or they Vie it as one combined project west side of 35 and E side of 35 as one project and I believe they're looking at it as one entire project so because we're looking at it from a totality would that impact Chalet in moving forward I don't believe so um they are requesting an interterm use permit and the property owner needs to be uh working with mpca for anything that would happen out there probably uh because the uh Kramer Quarry is going to continue operating you know for another 20 30 40 years um um the time frame uh for the cleanup is probably not as um I guess it's not as high of a priority because as long as there is quarrying going on the groundwater is um kept low it doesn't get to the point of the freeway dump site so um that's uh basically uh my understanding of it and um the applicant would need to work with mpca most definitely should they come forward um with uh a scenario to build on there for this particular use the reason that staff has been supportive of it is because really it's there's very little impact to the property um they're not constructing anything new they won't be putting in any new footings any of that type of thing uh and they're basically just you know it's just golfing which is about I don't know if there is another use out there that you could do but um this is you know one of the one of the few and that's why the city has supported It Through The Years any other questions from Commissioners commissioner Hamilton regarding the netting if the netting has never taken place or as far as the city knows is there an enforcement mechanism this go around to ensure that they do put the netting in yeah so ultimately it if it's a condition of their interim use permit then they are responsible for following that and we do have a uh an a code enforcement process that it could go through if uh they aren't complying with the conditions of their approval there is also a specific date listed in the conditions that are being proposed that that netting be installed um prior to their opening for the 2024 season and then remain open so that's there's a deadline date in which to have it up and keep it up I have a question what what triggered the reupping of this interim use permit did the previous interim use permit expire yes at the end of last year at the end of last year that's why we okay thank you I think at this point we'll uh open up a P public hearing at 6:57 and if there's anybody in the audience that wishes to speak to this item uh you're welcome to step up to the podium and identify yourself and your address um we'll also open it up to people on Zoom once once we're done in the room here hi if you could state your name and your address sorry I don't know if the mic works my name is Richard mwan and I apologize in advance if my etiquette isn't polished this is my first time at one of these meetings um but yes my name is Richard Macau and I submitted the application uh welcome and your your address the public record that's a I don't even know it off the top of my my head are we talking for Chalet no for your home address oh cool 225 2nd Street Southeast miniapolis okay and are you do you have uh comments or something you want to share are you just here to answer questions I was just here to answer questions um I could speak to irrigation briefly uh they actually asked me before the meeting how many times I've turned it on and I said I think I maybe turned it on once last summer so we we don't turn it on very much but uh that was the only thing I saw in the last couple of minutes that um I figured I would mention so if there's anything else I'll be happy to answer um how do you feel about netting uh there's a lot of talk about netting so I know it yeah when that was mentioned I was a little surprised because I was born in '95 and to my recollection it's never been up in my lifetime but I mean it won't be that tough to put up so I'll get a I'll get a lift and get up there with some some attachment materials and get it up so I'm not too worried about it we'll we'll have it up and and ready before we open so you're not opposed to installing netting uh I can't be because I can't open until I put it up so uh okay commissioner Hamilton regarding the netting are there particular requirements in height or type of material that's required in the past the plans have required it be the the nylon netting but we would allow we would work with them to identify what kind of netting would be suitable for the needs uh any other questions for the applicant commissioner John yeah I was just curious on uh in the letter we talked about the mitigation or the um the dump the mediation thank you um are you opposed to working with the mpca is there what what is the plan on that have you spoke with them at all we've had multiple meetings with the mpca I have an engineer with me who might be able to speak to that a little better than I can but we have met with the npca frequently uh recently in the recent months and then in I mean in the last 13 14 years a lot so we do uh we're in Fairly frequent communication with them and uh at going forward I assume that will be consistent as far as the mitigation efforts with the open of the of the gulf would that be in Conflict at all with the driving range excuse me no it shouldn't I mean like uh like Mrs Garis said if if the mpca comes to us and and requires us to do something um then we would do it you know but as she also mentioned the Kramer Corey won't stop dewatering for a while so I I mean we can probably golf for a little while longer yeah um commissioner Timberman are you still online do you have a question for the applicant yes thank you um I'm gonna put on my camera here show you maybe my sister's C back here but I appreciate the the flexibility here to join and and provide some comments from all of State uh while I'm working the uh the questions I have for the applicant are around what the city council looked at Believe last week maybe the week before in a um special hearing that they had or a special meeting that they had to discuss this property future potential economic benefits both to the applicant as well as uh some benefits that could be longterm uh for the city uh Mr mwan can you speak to some of the ideas or some of the projects that you have in mind for this property um and then can you uh give us an idea of what those um hurdles are that you need to go through in order to realize some of those uh ideas absolutely I can speak to it would you guys like like to John John this is John Hank engineer my name is John John H 5644 Emerson Avenue South Minneapolis Minnesota and I'm an engineering consultant for the landowner with regard to the interim use permit for Chalet Gulf uh the remedial action remains unchanged the existing cap is stable and will not be and remains protective of human health in the environment with regard to any proposed future use which is what we're talking about with the sketch plan that it really has nothing to do with the inuse permit of Chalet Gulf uh and and in that case um all of those conditions would are being negotiated with the mpca um we meeting with them regularly um but that's a uh an issue with regard to that's would also be tied to Kramer shutting off their pump which is still licensed for another 30 40 years so whatever that future use would be is still undeveloped um but is would likely come back before uh the Planning Commission and the city council at a much later date when negotiations with the npca with regard to a future remedial action and then the land owners uh propos intended new use yeah thank you uh chair watad I'm just curious what is that future new use that was discussed with the city council I can answer that question Mike zipco another consultant with the project n58 311000 Street Ellsworth Wisconsin and thank you for having me here the current plan is to work with the city to create a multi-use entertainment facility on the site that's engineered to take advantage of the environmental situation at the location it would include a year-round operational uh facility called sweet shot which will have Golf and sports simulators there'll also be uh indoor and outdoor uh pickle ball courts there'll be an event space inside the facility of close to up to 400 people that will allow community events to be held there the idea is to create a year-round Activity Center that'll be busy for all ages 365 days a year some of the simulation activities include everything from soccer hockey football so it allows to the ability to engage a broad range of the community the ideas then also have the pickle facility be something that can operate year round and have outdoor courts that again engages others we've had letters of support from the convention and visitors bureau from the Chamber of Commerce we've had other productive meetings with the agency we're having productive conversations with the npca and talking to other folks involved working very very hard the direction from the city council and the mayor was for our us and our team to work with all the re the agencies that have permitting and review over this for us to get our work done and then come back to the city of Burnsville with all of our permissions secured and sa and bring bring the plans to them there uh the the uh other part of this project would be uh The Operators of sweet shots would have you know the ability to raise do fundraisers for community events part of the reason why the convention and visitors bureau and the Chamber are very supportive is it gives them a place to program and it's a collaborative use connected to the aim Center and things like that it's another use that would be compatible to other things going on in Burnsville so we're we have a lot of work to do but that's the broader use here again that's separate from the Chalet driving range but we are working very closely with as many stakeholders as we can and we will continue to come forward and as share updates as we uh work through this but I think the idea that having support from the council and from the other stakeholders in Burnsville I think matters it shows we've worked really hard and we're going to continue to carry on that kind of work uh commissioner soon this new development might pierce the cover of the landfill or is there room to build these facilities next to the Landfield the site is being designed to take into account basically end up have it'll be a sealed cover over the you know the way theet sweet shot project works it's different than Top Golf there's no holes in the cover it'll basically be a a cover over the the waste that's there designed with some water management systems in place so there will be no holes it'll actually be a better way to seal and contain this and to make sure there'll be a water management program in place so as it rains the water will be able to be managed through holding ponds and treated to actually increase the ability to mitigate environmental issues but will the buildings themselves that are proposed be on the uh off the landfill or part part of the landfill yeah the the the buildings will be mold kind of straddling the edge of the landfill but the way the facility works is it's it's built from the existing surface and up so it we're not yeah we're not digging down at all we'd be building up for instance the whole play area is about a 3 ft elevation so we'd add additional cover and that additional cover is is 100% impervious it's a like sport Turf liner the way you know like football fields are so it's and then any surface water is then is Shed off by gravity we collect it put it in a storm water treatment Pond and then it would be discharged from the site after it's pre-treated on the site um so your what you and what you're talking about is developing on top of the existing landfill and and so there wouldn't be any remediation of the landfill with that the type of development you're kind of talking about which sounds really cool by the way well and the other thing too and I think we can also provide this to to the members of the commission here too we've developed some information if you look at the number of sites surrounding this area in the Twin Cities there are a number of Brownfield sites that have been remediated and reused without having the waist be dug up and moved there are a number of these sites where it's been very successfully done this site is less owner than some of the other ones that have already been successfully redeveloped we're building on best practices from these other locations and also have had you know good conversations and looking at ways to do this considering you know the status of the site and also the other reality too is there are limited resources related to these kinds of projects from the state of Minnesota so is there a way for them to still address the health and human concerns and also fiscally be you know able to put resources to other sites that may have a more pressing environmental uh need and in this case looking at other sites around here that have been very successfully redeveloped that have been far more polluted so we think there's a good model here looking at Best Practices and also it kind of it does change the conversation related to dig and Hall dig and move where the focus after you know if this everything moves forward here there can be a more specific focus on the freeway landfill site since this site will have been remediated and redeveloped it would allow for a much more focused conversation as to the landfill site which might make it a different conversation and be more focused our goal is to go look at this as phase one and phase one is to find some way to bring this site back to life and create something that's great for everybody involved for the community and also obviously for the the land owner but creates something that people are excited about and also takes into account a way to deal with some of these challenges that have been here for a number of years um I appreciate you sharing in kind of the future plans of this site and and uh U even though this what you're talking about isn't directly affected by this interim use permit so I appreciate you uh kind of painting a picture of what's planned in the future thank you and we yeah as I said before we view this as a lot of ongoing conversations we want to be as collaborative as possible there's a great this is really exciting the response we've had back from people to be be honest the pickle ball courts have been the thing that's had the most response that we' seen from people which is I think kind of a current Trend right now but I think the idea of having something that could happen there all year long I think is really exciting to people and in the short term still a place to go hit golf balls in the meantime but the site that we're talking about doing the project that we're looking at is far more than just golf the idea it's year round entertainment for a broad range of folks okay thank you uh commissioner Timberman you look like you do you have another question um I'm not going to ask any followup questions I'll say that for conversation thank you okay thank you any anyone else have questions for the applicants and then similarly is there anyone else who'd like to speak to this matter anyone on anyone else on Zoom usually Mr trinsky I'm looking to you for that sort of information I don't see anybody else on okay so uh commissioner Anderson when do you look prepared to open the driving range this year I suppose once I get the netting up it's a little windy and cold right now but I'll I'll rent a lift and get it up and we'll see I don't know on a 40° rainy day I wasn't really thinking about doing it so hope hopefully soon uh thank you so I'm going to close the public hearing at 711 p.m. and then we'll move this uh to to uh discussion uh from amongst the Commissioners any uh comments or discussion uh commissioner Timberman thank you um I do have some comments um no matter what what way you look at this um this is the literal definition okay figurative of putting lipstick on a pig I mean we are talking about a a closed landfill we're talking about a closed landfill that has no lining that is as close to our drinking water source as uh as can be uh it's adjacent to the Minnesota River uh as Kevin talked about it has many overlay districts that um need to be considered here um I have strong concerns about this property I have strong concerns that um there is more that could be done I have strong concerns that taxpayers are going to be on the foot for remediating this property along with uh other properties similar to it you area um and I have strong concerns that the applicant will continue to gain financially through the operation CH golf when there has been demonstrated lack of commitment to the conditions in their existing or now expired interm use permit um I personally don't support this IP I think that for the applicant to say this project is unrelated to the Future project or to the Future remediation of this site um is not forthright with people in R and I think that what we need to really do here is think about the fact that we are all going to participate in paying for the remediation of the landfill while this property owner continues to have their inter use permit that again has not then uh followed to the T as it was established in the 90s and renewed twice since then so for those Reasons I'm not supportive of this application um tonight I don't have the opportunity to vote because I am not physically on site um but I did want to make sure to share my my thoughts and chair aad thank you for the opportunity to do so uh thank you uh other comments from Commissioners or a motion commissioner John I too have um reservations about uh the Water Source um the landfills and in general ensuring that we do have clean drinking water it's very important uh it's it's probably the number one resource we have I think these landfills do need to be cleaned up um obviously that's not the what we're talking about today we're talking about the driving range which which is um which is a good use for the land as is right now however um and I'm assuming that Richard is taking over from um someone else that whether it be a father or an uncle or something along those lines so I do feel like there's a little bit of new ownership and I'm hoping that with that new ownership that we'd be able to work a little a little bit closer and getting this thing cleaned up I think that's very important um for the city of Burnsville city of savage that that do share drinking water sources uh I know I know that we're waiting on the querry to close down the pumping operations but if that does happen early or the pumps stop working now all of a sudden our water is contaminated and so why not be able to uh clean it up when we do have the opportunity um and I I'm by far non engine engineer but um that what that's what really is my driving fear on any of these projects commissioner Hamilton the Drivin range has been there and um all we're asking is for them to add The netting to deal with the electrical issue there's no change to the driving range specifically so if we you look at the driving range as mutually exclusive compared to Future developments which stands on its own Merit when it comes for the future development that's a totally different conversation and what they need to do to secure the drinking water and clean up the site that is not the conversation tonight tonight is will the applicant comply with the request of netting of the electrical and as long as the applicant agrees to that and complies with that I don't have an issue with it you know and we'll deal with future development down the road thank you uh commissioner Anderson uh Mr mcgan would you would you be willing to not water on the driving range at all we could try it see how it goes I mean it's definitely worth a shot it is that a yes or a no I would say yes does that answer your question that answers my question okay thank you I'd like to make a motion then oh please do I move that we approve the interim use permit with the requirements as outlined here Plus one year no watering so you'd like you'd like to add uh yes one year no watering uh uh so that would be condition number 10 uh no watering for at least one year for for one year okay so there is a motion on the table is there any discussion any uh or a or a second I'll second uh motion is uh motion has been made and has been seconded again it's the uh uh the recommendation has uh written with Ed added condition number 10 no watering for one year I'm going to call it to a vote all those in favor say I I I any opposed say Nay Nay Nay so the motion uh three three to two two yeah the motion is 3 to2 um which means it passes yes okay um so this will be uh before the city council May 7th city council meeting on May 7th yeah thank you everybody uh we're on to our next uh item on our agenda this is number five uh updates do we have any updates from I'm going to start with Commissioners any updates from Commissioners give staff a chance to get back in their seat no updates from Commissioners any updates from staff uh we do have a couple um we do have applications that have come in probably six or eight um so so the days of cancelled meetings hopefully are are done so yeah we'll we'll be able to see more of each other here yeah oh sorry sorry or it's a good thing however however you may take it um and then uh the position for a planning manager um has been published so that would be a new position in the planning department um and that was published I believe Friday Friday yep went out so uh the application will stay out there until they get applicants and start doing interviews and uh so that's a very good thing starting to get back at replacing um some of the Personnel that we've been without for for quite a while now so so other than that um if you want to view the information um regarding the proposal for the uh landfill that they brought it was at the last city council work session meeting um so you can just pull that up and and see that it's it is it's kind of an interesting you know concept so and I think unless Kevin do you have anything else or other staff okay super thank you our next item on our agenda number six is adjournment I would love to entertain a motion from one of the Commissioners I will ENT commissioner John a motion to adjourn commission and second commissioner Anderson we uh meeting is adjourned thank you everybody thank you