"[Music] good evening and welcome to the May 6th city council meeting if you join me for a moment of silence in the Pledge of Allegiance pledge algi to the flag United States of America to the for it stands one nation God indivisible okay m rowski roll call please Michelle vul here Luke helier Dan Walter here Josh Lee here okay great moving on to item number three citizens comments there an opportunity for you to provide citizens or business Folks up to three minutes you do come on up to the front and say your name for the record ammy Sanders my time starts now mayor hiler and city council members I'm a 25-year resident of Lakeville I'm passionate about the well-being of our community multiple times a month week and sometimes daily community members reach out to me asking for help to address an issue to vent about what is happening to them or their child in this community or to ask me to share their story I use my voice for them when they fear retribution from our leadership tonight I'm here to address a matter that questions the Integrity of our City's leadership last week the une ethical and disrespectful actions of Mayor hiler not only violated the boundaries of Civility but were an abuse of power entrusted to him by the citizens of Lakeville it All Began innocently enough with a simple exchange on his public social media account he uses as the mayor of Lakeville What followed was a private message from him calling me a psycho the mayor of Lakeville called a citizen a psycho I responded to the mayor privately with a sincere apology and advised him that I had already removed the post in less than 30 minutes of it being online it should have ended there but it didn't despite my apologies in private on voicemail and on his public social media account what followed was a descent into a reprehensible display of harassment is now instead reaching out to me and engaging in constructive dialogue he chose to escalate the situation by publicly vilifying me falsely accusing me of exploiting his children for political gain and described me as a lunatic because psycho wasn't enough he blocked me on other social media posts and created a platform for others to join in The Barrage of hate insults and lies in his campaign of character assassination when citizens reached out to him over concerns about his post he made excuses for his behavior by claiming to be a victim the mayor took this situation to a dangerous level without pause for his position in this community and has crossed the line into the realm of Lial as he has knowingly spread false falsehoods and defamatory statements to vilify a citizen this is not only morally reprehensible but legally indefensible his actions have now caused me and others to fear for my safety in my community mayor Hillier it is your duty as a leader to Foster an an environment of respect and inclusivity not one of fear and intimidation I call on you to immediately cease your harassment of me and immediately remove any reference to me of this situation I am neither psycho nor lunatic but I am a woman in this community who will continue to use her voice I Call On You publicly to apologize for your behavior on the same public media platforms you use to harass me this time without blocking citizens to the city council I urge you to take de decisive actions to address this issue and ensure that the safety and rights of all citizens are protected to hold mayor hiler accountable for his actions to condemn his behavior in the strongest possible terms and to take appropriate measures to ensure that such abuses of Power are never allowed to occur again we cannot allow fear intimidation and harassment to silent dissenting voices or suppressed criticism are our city deserves leadership that leads by example that upholds the highest standards of ethics and integrity and treats all citizens with dignity and respect thank you for your immediate and full attention to this matter well first of all it's helier second of all if you ever mention my children again on social media I will respond the same way again I don't think I will yes this is this is the meeting if you ever mention my children the the way you did again on social media I will respond the same way you do not you had your three minutes thank you you can sit down no no you can't make those statements that continue to be false I bring up my children again on social media I will respond the same harass your children you know I did not harass your children you are continuing your harassment in these Chambers in these Chambers you're continuing the harassment and derogatory and defamatory statements I did not harass your children and you know I did not I'll respond the same way you can sit down appreciate you for coming I'm not going to sit down now you'll have to make me sit down because you do not get to your power to defame me you do not get to continue to do this I get to call you out I get to criticize you you do not get to sit in that seat and continue this line ma'am if it was an issue about policy about what I think or whatever I'm happy to have the conversation but you're not going to mention my children or what they wore to school or School mention your children on that post I mentioned you I called you out I said I'm not posting a picture I am not exactly right on my page it's exactly right but on a private page that was sent to me you didn't mention my children demanding to know if they were you don't get to intimidate me I'm intimidating you I'm answering you and you're wasting everyone's time I'm not wasting anyone's time okay well you can stand there as long as you want okay great okay we'll move on comments okay moving on Mr Miller additional agenda information mayor reprehensible y'all are allowing this I just came here to see what's going on with what's going on with our city right because we have a real issue with what's going on with our teachers and I'm just here to say say your name for the record my name is Tammy field and address and I came here tonight to see what's going on with our city because obviously we are a city of just homes we don't we have a lot of businesses but really we are a city of homes that make up our community of kids and teachers and it's like at some point we have to learn to together and I'm appalled sir I'm appalled that this is how you just spoke to someone and everyone on this city council let it happen is this really what Lakeville has turned into that we can talk to each other like this as Citizens and as public figures I am pleading with you guys to please bring back common decency just say we're sorry when we're sorry when we make a mistake our our this is a very heated time that we have in our life right now and it's like if we cannot come together and just support each other sir please what you you just said that you would call her those names again you are the mayor of our city you can feel that way but to sit in the seat that you are sitting in right now does not feel good as a citizen I appreciate that as I said before if you mention my children that's the type of response you get if you want to talk about policy or what's happening totally open to that my children are everyone's children's are off limits but you know what you do not get to say that sitting in that chair I absolutely do because not only am I elected this position I also am a parent period so I want to tell you a story you've got about a minute left my daughter was sexually assaulted in Nur School District I feel awful for you that's terrible thank you and guess what guess how much support I have have gotten and what names I have been called and the things that I have had thrown against me I understand what you're saying about your kids but we have got to learn as Lakeville citizens to work together because this battery doesn't work I understand what you're saying about your feeling for your children but let's work together instead of just fighting each other thank you okay last call from comments okay Mr Miller um mayor council there's a revised item that will be at your table um that'll be addressed at item 7D with the gravel use permit okay moving on to item five the police depart Department quarterly report I'll turn over to our police chief Paulson good evening and here to present like you mentioned our first quarter report from the police department and all of our work in tonight's report and everything we do at the police department is all framed under our mission statement which uh is to ensure an excellent quality of life in Lakeville by serving and protecting in a professional and Innovative way we always say that extends to everybody in our community not just our residents not just our citizens but anybody going to school here traveling through here enjoying our parks we aim to um protect and serve all of those folks on a daily basis so I know the council had a moment of silence uh at a prior meeting but I think uh it's my first um report since the tragic incident up in Burnsville on February 18th where we lost three uh fellow First Responders two police officers Matt rugi and Paul elstran and firefighter medic Adam vth and obviously with the proximity and with our communities and um just the the um trauma and and um terrible incident that happened it had a uh uh an impact both on our Police Department our fire department U but also our community and we had officers that were there uh early that morning uh with the incident and certainly in the hours and days that followed and we're appreciative of the support from the council to allow us to u to step up to help out I know uh like I mentioned not just police but also fire Public Works Communications probably sever other City departments as well so I was kind of um touched by some of the comments we receiv received from community members that saw our squads and our officers up in Burnsville um offering their support for the work we were doing to support them so we see it internally uh but it was nice to see the community at large see the the support and and that that was their wish also to see us doing that work talking about a few leadership rotations so highlighted here are are three lieutenants uh we have three in the department and they oversee our Patrol Division our investigative Division and our Professional Standards and the beginning of March those three kind of did a u musical chairs or they rotated divisions we do that for a couple of different reasons uh number one as as our mission statement says we value innovation and some uh sometimes a way to do that is a fresh look and a fresh perspective on some of our units and having a new leader in those areas helps to do that but also offers an opportunity for some career growth and development allowing people uh to supervise and oversee things that maybe they they haven't had as much experience with in the past so for Jason Haider Jason Jensen and Jason Pinsky uh we're appreciative of their efforts you don't have to be a Jason to be a lieutenant but it just so happens that's the way it worked out Community engagement we sometimes get the question why do we do community engagement and there's a lot of answers there but uh just in a nutshell you know policing really is built on uh working with the community and and we're working in Partnership trust is a huge Factor there and sometimes it's hard to really uh Bridge trust and develop relationships on on simply calls for service so these Community engagement efforts are opportunities outside of um someone calling 911 where we can spend time with folks in our community um and I think helping with uh building those relationships offering some transparency certainly helps that trust building piece so on the left there's our Citizens Academy graduation which uh the graduation was in March they kicked off in January with I think about 10 weeks and I think we had 16 graduates from this year's class um that's always a well received uh program that we offer on the right there we had uh some officers attend uh the landscape consumer export at Lakeville North High School partnered with Lakeville fire and our Public Safety Foundation to staff a booth and then in the middle back to the Burnsville incident they uh the Minnesota Twins had a really nice gesture for their home opener this year in early April to bring um a bunch of First Responders from Dakota County both are all three police fire and paramedics onto the field for a nice uh pregame ceremony where they honored the three Fallen um First Responders some upgrades to our uh interview room with our investigation capabilities we've had camera systems in these rooms in the past but those were a little bit dated so we upgraded to an axon system which is tied into our uh body warn cameras our Squad Fleet cameras all of our evidencebased systems are axon so this just integrates a lot better behind the scenes with uh with that work save some time on the back and with processing these things allows um detectives to not only view U live stream uh interviews but also quick access to review video and um and interviews also allows us to submit these things a lot easier to our Prosecuting attorneys both at the city and county levels just a few training uh bullet points to highlight here top one there standardized field sobriety testing that's uh what you see on the roadsides on DWI stops the one leg stand the walk turn things like that annual defensive tactics and less and non-lethal training annual Firearms qualifications and a few more as we go down you'll kind of notice there a lot of these are uh mandated trainings our our strategy throughout the year is to try to knock out as much of our uh mandated stuff as we uh can do our our post license our police officer standard and trainings board uh we have a lot of uh training requirements to keep licenses active so our sworen staff tries we try to get them through as much of this stuff early on as we can so we can do more discretionary work later in the year in case schedules get uh get busy which they often do couple of cases um of Distinction to note on the left there um was some uh some good work by our street crimes unit uh they received some information on a on a wanted individual who had several outstanding warrants for felony level crimes uh this individual uh was uh attempted to be apprehended by Apple Valley PD and he fled in a vehicle and was able to evade capture after stealing a felony amount up at their Menards uh and this was just a case where slowing things down and and developing some good strategy and utilizing resources paid off by uh doing some surveillance executing a search warrant uh in late March where the subject was uh safely taken into custody and also received some fresh charges for some narcotics possession and then on the right uh kind of a domestic related uh incident a series of incidents actually with U no contact order an order for protection in place the victim of these orders um noticed her exboyfriend outside of her home which was obviously alarming uh she tried to drive to a local gas station to evade uh evade him he made contact with their vehicle and ended up fleeing the scene uh we put some alerts out trying to apprehend him our drug task force which does a lot of work in fugitive apprehension they were able to follow the court process and get a um uh tracking order on the cell phone pinned him down or at least his phone down in Rochester he happened to be with his phone opponents folks usually are these days and the drug task force paired up with Rochester py and uh safely took him into custody as well but just another example of utilizing our resources and other agencies and connections to um bring folks to Justice and hold them accountable for their crimes this is a stat and a slide that we started to show I think late last year but these are calls the 911 calls that go directly into our Dakota 911 dispatch Center and the call taker then realizes that some of these are related where they don't need a Medical Response they don't need a law enforcement response so they route these directly to um Dakota County Crisis Center as you can see there uh in the first quarter 400 calls countywide uh went through that process the the um referral process about 7% of those were in Lakefield 26 calls I think last last year for the entire year we accounted for about 9% of the calls so staying somewhat consistent there and generally about 3/4 of those never require any law enforcement involvement once in a while that that uh crisis worker determines Yeah we actually do need police or Medics out there but U quite often in the case they're able to resolve it without that level of involvement uh moving into some statistics here are case numbers these are actually incident reports that are that are pulled you can see the first quarter of 24 was uh eily similar to 23 just two different uh two more reports pulled for the first quarter of this year than last year and then CAD called these are computer AED dispatch calls these are uh not only calls for service that get sent to officers but also if an officer self initiates on their computer screen those are factored into these numbers as well and those could be traffic stops checking on suspicious Vehicles buildings things like that uh we had about 13,000 in the first quarter of this year which was up from about 9,800 last year and then highlighting just a couple of areas that we routinely look at our welfare checks uh we're up 180 over 117 last year and then Mental Health crisis calls 169 over 89 last year moving into traffic at an accident you can see our traffic stack numbers were actually down uh quite a bit in 2024 in the first quarter but the good news is uh accidents both property damage and personal injury were down as well a lot of this is attributed to the uh mild winter and lack of snow and ice which is helpful for uh not only public works but also the police department and fewer crashes this is just a comparison of our CAD calls by jurisdiction comparing to some of our neighboring communities that are of somewhat similar size and scope see we're just a little bit above Egan in that graph and then some of our major offense reporting uh on some of the uh higher level crimes that we deal with um in Fair number at least driving Under the Influence were down a little bit down 18 aggravated assault these are assaults involve either some type of weapon or some type of injury that's more more than just uh bumps and bruises uh those were down a little bit General assaults were up uh and then pretty consistent on damage vandalism and sex related offenses our weapons calls uh were down but obviously you can see we receive uh very few of those overall which is a good thing and then finally our social media presence again this is kind of tied door Community engagement but we use social media for a lot of different ways to disseminate information to solicit The public's help with certain things and as you can imagine a lot of our work is is quite serious so we try to take some time to um have a little fun on social media as well to the extent that weekend so on the left there's officers Lindberg and Nelson doing a little Valentine's Day pose I guess you would call it I'm not really sure uh they were good sports about that the middle one is a April Fool's Day spoof on a goat K9 Patrol um I'm not sure who created the photo but there's a couple goats in the front there and then uh K9 kilu who's always happy to pose Don some rabbit ears for a hoppy Easter post so happy to uh stand for any comments or questions you may have Council questions comments thank you Chief I just want to continue to send extend our gratitude to you and your team for all the hard work thank you thank you appreciate it all right moving on to item number six the consent agenda um any you'd like to highlight Mr Miller one item tonight mayor item 6C is a Grant agreement with the Minnesota Department of Public Safety uh this is basically a grant that our Police Department receiv received to help people who might be looking for a career transition and then move into law enforcement and so this will help pay for their for their education cool um Council any issues that you'd like to discuss further that I'll take a motion to approve the consent agenda so moved is there a second second further discussion on the consent agenda not all those in favor say I I I post all right sent agenda passes move on to item number seven uh the first is a public hearing on application for Lakeville Brewing uh DBA LBC on the lake for an on sale liquor license and I we have staff report or anything or we're just going to have a okay they've um applicants if you wanted to share something we you can otherwise we'll just open the public hearing okay I'm going to open the public hearing is there anybody that has to comment about license for LBC on the lake you see none I'll take a motion to close a public hearing make a motion to close public hearing is there second second all in favor say I I I public hearing is closed um with that any Council discussion otherwise I'll take a motion to approve the liquor license who Okay Walter uh I moved to approve a First Amendment to concession agreement between the city of Lakeville and Lakeville Brewing Company LLC is there a second that's not the motion that correct um I have my hand up as well so I will make the motion to Grant an onsale intoxicating liquor license for LBC on the lake at 20135 at pava Avenue and can I give Dan the second yes any SEC is there a second Dan second okay very good any any further discussion about the liquor license wrong here just to comment that this does not change the intent of uh what was approved in before and so for any public listening in wondering why this came up again there there's no intent toh change the the beer and wine sales that were previously established very good I'll just add that um through this process we learned of some very Antiquated State statutes that required us to go through this process and so here we are so hopefully we'll get that changed next year legislative session but until then we'll move forward so with that uh roll call please bulk I helier I Walter I Lee I okay very good uh congratulations we looking forward to you guys opening uh moving on to Item B a public hearing on the application for final final Final lounge and event center for consumption and display permanent and only because this is a new business is there somebody here that could just briefly to talk about the business come on up welcome my name is Christy halby this is Tony halby um we're the owners and uh we are opening up a venue here in the city to help with the city and Community have more opportunity to have different venues such as um or events at the venue itself um like graduation parties retirement parties Gatherings showers um fundraising all of that great and just so people how would people all find you where you located and um is there a way to find you online if someone's looking to host an event sure um So currently we do not have an online presence however that is being created um we are just off of 50 so if you know where the Cup Foods is um on 50 or over that direction we just we are also exuberance Chiropractic and Wellness Center so this is the backside of that building got it it's right in front of Remax very good okay with that I will open the public hearing is there any public com comment on the application for the display permit okay see none I'll take a motion to close the public hearing so I moved is there a second okay all those in favor of closing the public hearing say I I closed any other comments from councel otherwise I'll take a motion I'm surprised no one else wanted to ask this but is there uh something behind the name final final Final um yes it's about Gathering getting people together and usually people don't want to leave once you have a good time so so it's like the three goodbyes type of thing Minnesota goodbye final let's do a final final Final yeah and you'll see it's F3 so it's also known as F to the thir power if you will L Event Center great thanks and with that I'll take a motion to approve the license josa move to approve a consumption and display setup permit for final final Final lounge and event center for the period of May 2024 through March 31st 2025 is there a second second okay with that roll call please helier I Walter I Lee hi vulk hi good congratulations good luck YK okay moving on to item C ordinance amending titles 10 and 11 of the city code and I'll turn it over to our community development director miss good Road thank you mayor members of the council um we're here to present the annual zoning ordinance update um we're doing in a couple of different parts um we'll be back again um sometime um early summer with a few other things um so this is our annual review um we like to review the code based on um projects that have come through over the past year things that staff has found the ordinance that needs Clarity update best practices um reflect new development Trends and then include any statutory changes that might have occurred in the previous legislative session um so for background um a lot of research was done in house as well as with our consultant we had a work session on February 18th 2024 and we did it's not on this slide but we did have a public hearing at our last meeting on April 25th so the Planning Commission has reviewed and recommended approval for all of these items that are in your packet so I'm going to just highlight a few things and then we can um go through any questions that you might have um but one of the first things um that we looked at was in the subdivision ordinance um it's not very clear in the subdivision ordinance that an outlaw has has to be um if the outlaw is going to be divided it needs to be done through the plotting process um so we needed to change that definition of lot and then we also clarified um some older requirements that we have in the code that requires a whole bunch of paper copies we do everything electronically right now so we wanted to clean that up and then make sure everything was consistent with um statutes 1599 for review times we also looked at our definitions this is something that we do every year there's always new ones that pop up oh we should clarify this so we looked at commercial uses minor Auto Repair daycare facilities and religious institutions and just updated those definitions and then added a few that were missing related to funeral homes and mories um micro dwelling units and sacred communities which deals with um a new section that we're having to add to the ordinance last year the legislation legislature approved a new ordinance um or a new statute um 412. n25 that basically requir re Ires that cities have to allow natural Landscaping within their yards so it's something that we need to add to our ordinance we've added it to the Landscaping section um we're following um different elements of the state statute within that section and we are requiring um so that we have some review Authority an administrative a permit um looking at the planting list and ensuring that there's a management plan so that somebody has some guidance if they choose to do this within their front yard and that we have an opportunity to work with them provide some education as well as making sure this area is managed educational uses we wanted to address um some of the daycare Head Start um early childhood and adult education and allow those within schools that wasn't very clear in the um the ordinance as it reads today and to add in um adult education into that so that's what those um clarities are you're going to see that all over the pages because wherever we have those uses we had to make all of those little adjustments in all of those districts sacred communities is another element that was added um it was approved last year um Governor signed it into a law um that basically creates Provisions for religious institutions to have the opportunity to locate micro dwelling units on their campus for providing expanded affordable housing and so the intent of the ordinance as it's drafted is to add reference to State Statute but carry over some of the requirements that is outlined in the code um micro units are basically um small units not larger than 40 400 square fet um they have to have foundations anchoring them um water and El electric utility access has to be provided either to the units or through the facility um there needs to be adequate parking um an operation plan by the church and then there are limitations on occupancy so there are some references to the statute but also within the code um this addition so this because it was added um to by the state statute we have to comply and add this to our own zoning ordinance so again you're going to see wherever we allow religious institutions this language has been added um with a reference to the main section in the code um do you want us to ask questions now or to wait con certainly I'll do my best I have the statute in front of me and Hope Andrea can assist so I'm I'm glad to get the clarification on the micro dwelling because at first as I was reading I was visualizing like a tent city and this obviously gives me a little bit more um certainty on on the projects if you will when we say in does it have to be tied to like a church building because you said it it can be in an area where a religious facilities which is basically anywhere because we don't right we don't outow Church basically anywhere so does it have have to be tied to a religious entity number one and number two we have a series of Home churches in town in theory could they set these up in the backyard based on how you read this and maybe if you don't have the answer today I mean I think my decision is the same anyway because we don't really have a choice but I'm just curious for our own purposes what type of parameters we can put on that my interpretation is it needs to be connected with a religious instit tion and the statute does Define that so in subdivision two of the statute it says religious institutions are authorized to provide permanent housing I.E micro units and the religious institution is defined mean Church synagogue mosque or other religious organization organized under chapter 3:15 of the state statutes now what I don't know is so that would I would interpret that to the same as a local church a local synagogue can provide this I don't know if you have Clarity I don't know how to answer the question on the house honestly I think some of this will probably have to be developed as we move along right now I would agree with that interpretation but I assume that somebody could try to put it on religiously owned land that doesn't already have a Oscar Church on it I don't think it's clear okay anybody else have questions on that as we're kind of going helps a little bit thank you well okay um we added some clarification s um and some requirements around car washes um just asking that you know or looking towards requirements that the doors are closed other than as vehicles are coming through and churning through the wash and we've added a vacuum decel limit and then a restriction that they not be located within the residential zone property or the yard AB budding the residentially zone property um we also added some hours limitation and adjusted um the location in some of the zoning districts it's permitted or allowed as a conditional use we're addressing parking lots um this came up because we are getting a few phone calls of people who wanted to utilize commercial land simply for the parking of vehicles for Ev stations so until we have an opportunity to really determine if that's something that we want to allow um we do allow parking lots as a permitted use in the districts listed on the screen we added the Clause City of Lakeville only so it would be a parking lot let's say in downtown that we already own we wanted to um make sure that a commercial lot isn't bought simply for the parking of EV Vehicles mayor yeah sorry I have a question on the car wash I'm sorry oh yeah if the wash is not occupied and they have the door open the reason I'm asking this question is because having worked at a car wash the reason you have the door open especially when you don't have clients is cu you're trying to decrease the amount you're you're trying to get the water to evaporate it causes all kinds of mold and other types of issues um and it's hard on the equipment if you can't get it dried out so my question is is there a way um does it have to be closed especially when you have an operation that's 24/7 some of them are and um they're not near residential and if they don't have any clients can they leave the door open the way the way this is written is the intent is that the door is closed while it's in use so that it's closed during the noise so if it's not it's if it's not wasn't sure what in operation totally meant it's intended to be while it's in use okay because that's what we're trying to knock down is the noise right I I get that all right and then how do you are you going to be sending a letter to all of the car washes and Lake phel to inform them of this Ru it won't affect a lot of them a lot of them keep it closed because of the fact that the dryer is too close to residential you know Etc but this is more for any new car washes so if there's a car wash that's currently operating we haven't had any issues I don't see any reason into you know we haven't had any complaints what's happening is we're getting more interesting car washes and different kinds of uses like the M2 District that was pointed out in the memo okay all right um one of the other sections that we um spent some time on is in our industrial district so you know in a the airlake um portion of the industrial the older portion I should say we have a lot of smaller building footprints we also have a lot of um shorter roof lines and so those buildings don't often um get they might have more difficulty in finding a new use if a business um of all of a sudden decides not to continue occupancy or a lease turns over and so we wanted to create some more opportunities for those uses particularly things that are happening internally as an allowed use um even as an administrative use without having to go through the hurdles of a conditional use use so that we can make these buildings more utilized so that was the reason for a lot of these uses being added to um those i1 categories or I2 categories in the industrial district so um indoor Firearms range fitness centers indoor vehicle sales with a limit on the number of vehicles that could be stored there's restrictions in there that don't allow the outdoor display of vehicles veterinary clinics um those kinds of uses to introduce to the ordinance so that um we can keep those older buildings viable and then other topics um pertain to tree size um there was some other clarifications added to outdoor storage to ensure that there is um proper pavement um hard surface material and then home occupations were allowing one resident employee for a non-service business that was something that we've had a few requests and as home occupations are expanding um we added some clarity to um our motor fuel signs on the canopies from a change that was done previously and then just some um minor changes and clarifications on our residential transitions districts future topics look forward to um we're having a work session on Thursday night to talk a little bit about our off street parking requirements the first thing we'll do with the Planning Commission is asked them just their view um their input and Direction on just the amount of spaces that we're requiring over different uses and we've done research over about 15 different communities and then that whole chapter we'll see in overall or overhaul um it's just dated it's a little cumbersome to read we also will spend some time on the sign ordinance um attainable housing incentives as we go through conversations about our housing sales tax and then revisit our commercial uses so for what has been in front of you in the packet um again we did hold a public hearing with the planning commission they recommend unanimous support and I would stand for any questions okay Council questions comments d a question and not to not to dwell on car washes too much but um I so the addition of the hours for car washes are are there some that maybe under conditional use permit or something already have hours in place I swear I've seen that may and they those will continue thank you and and um no I think that's it for me okay other questions that's what I always get confused with when we update our ordinances that it isn't like retroactive right go backwards okay and I always get confused by that thank you not a question uh you answered my questions earlier today via email and and appreciate that my only comment I guess is I'm not uh quite convinced uh yet about the impact of the change to section 13A around buffer yards due to the change in height of uh coniferous trees um so there's a change from a requirement to from an 8ft tree to a 6-ft tree and at the Planning Commission meeting the rationale around that was around the availability of those trees but my concern really is more so as buffer yards are T tend to be the properties that we get the most complaints or concerns about noise and so buffer yards are a combination of both a berm and vegetation and so I didn't want the impact to impact the height of the overall requirement for a screen um even if the trees are are shorter I don't think I have an issue with the tree change it's more of the overall buffer change in in height so just to clarify you don't mind the 8 to six but the next page section A where it says 10 feet buffer versus eight I'm guessing that's why that changed on because of the tree yep so I I guess what I'm asking and and I don't know how high that burm would have to be at this point or how challenging that would be to create a twoot higher burm but that's what I'd like to look at a little bit more before proving that that buffer change or before approving okay so approve the tree height but not the buffer height let us evaluate that right okay we can make that change before the mayor signs the ordinance great thank you any further comments if not I will take a motion and I do you want us do we need to recognize the okay so whoever makes a motion we'd have to just say um removing on Section 13 letter A the change from 10 feet to 8 feet if anybody wants to's coming up here in a moment I I move to approve an ordinance amending titles 10 and 11 of the city code and assary ordinance for publication with the exception of section 13A okay is there a second second okay any further discussion on the changes okay great work on that with that I'll take a roll call please Walter I Lee I vulk I helier I thank you so much all right moving on to item D Superior sand and gravel interum use permit and are we is want a staff presentation first or the applicant or okay so Mr Swift if you want to come up and give an overview of your request uh good evening Council mayor thanks for uh taking the time tonight to hear our request uh brief description of our request is or sorry my name is Dan Swift I'm an employee of superior Sand and Gravel uh SSG for short uh I've been with the company for 10 years I'm here tonight to represent the company and uh answer any outstanding questions you may have a brief description of the request is uh in years prior this site has had a gas burm the site located at 1 19250 Kenrick Avenue in Lakeville has had a uh burm that has remained untouched from The Mining and excavation from untouched from us and prior operator uh reason it's been untouched is because there was a gas main running through it uh last year they did remove the uh gas Main and uh turn the easement back over to the property owner uh with that being said that uh makes available approximately 300,000 cubic yards of uh aggregate material which is a non-renewable natural resource uh for use and construction projects in the area uh we're asking for permission for an iup to mine the burm and process the material uh until December 31st 2029 uh I wanted to briefly touch on some points for some uh feedback that's throughout the process that we've gotten feedback on and one of that is the timeline proposed timeline uh the reason why we asked for uh 2029 is uh because the Muse it's consistent with the Musa plan uh there's no development there or the earliest development can take place is uh 2030 the primary driver I guess for the import export of Phil in to this property is the Local Economic construction Market uh so the construction work in the area as the primary driver of import export we can't really predict that market uh with that being said I do have some numbers from prior years that maybe we could uh gain a better estimate on timeline of uh Reclamation filling operations excuse me we took over the site in uh 2020 uh so we've been we've been through four construction Seasons average amount of fill brought in is about 92,000 yard per year uh which is a 60% increase inrease from the prior operator year-over-year average 2011 through 2019 uh we have 60% increase in average of Phill brought in uh out of the past three construction Seasons we have brought in more fill than we've exported out of the site uh 2022 being a year that we did capitalize on some good projects in the area uh a year where we brought in 160,000 cubic yards of fill in uh which during that year there was uh for every cubic yard that we exported out of the site there was two cubic yards uh imported that being said with the availability of 300,000 more aggregates a good opportunity to get uh more involved in some construction projects in the area quote some bigger jobs I see that average construction Market staying the same or not being radically altered uh I would say that average should increase to over 100,000 which uh the grading plan estimates a 325,000 yard fill needed with the new grading plan with that being said uh our goal is 3 years for Reclamation uh 3 years for substantial Reclamation I should say with possibly a fourth can I interrupt you for a second yeah um when you say is that Reclamation of this new deposit or that's of the entire site uh because of the change because of the availability of that the grading plan the grades were raised so that would be replacing that burm plus raising grades on the rest of the property which would uh be more attractive for a developer so you you say three years for the entire parcel I guess is my my question yes three that is that it's our best estimate being if anything changes for construction wide is I get that and is that 3 years after the 2029 or that's they're basically running in parallel is the mining and Reclamation running together or is it yes okay so we would if approved we would start uh as soon as we were allowed via our operating permit we would start mining uh we believe we can have the entire burm mind uh in two construction Seasons which would be 20 end of 2025 2026 we're hoping to have substantial completion of the site okay with a fourth possibly needed for uh buttoning up grading seating another clarification is the crushing of concrete and asphalt recycle will not be done in this pit uh we will be asking to crush the Natural Stone in the berm which will allow uh more diversity in products and allow us to go after some of the jobs that example would be a chamber system uh which we could take a lot of that export off of that site and import the rock for the chamber system to clar clarify the hours of operation uh we're asking for 7 a.m. to 7:00 p.m. Monday through Saturday with no uh processing of material on Saturday and with that being said the reason we're asking for Saturdays to continue filling operations is so that we don't have to turn down work on a Saturday if there's a substantial amount of fill coming in for a construction project in the area we want to be we want to have the opportunity to take that fill and not turn that contractor away last four construction Seasons we've worked a handful of Saturdays in there and it's kind of only one it benefits it's high volume and we get fill other than that I mean we're 100% committed to restoring the site we are 100% committed to restoring it as fast as possible as fast as we can uh that being said Thank you for taking the time to listen and I guess I'll answer any questions that you guys have okay thank you Mr Swift Mr Dempsey do you want to give a staff report we'll call you back up if we have any questions thank you thanks evening Mr Mayor and council members evening glad to be up here again it's been a while um Mr Swift gave a an detailed out line on their proposal and I'll try to add to that as far as what the process has been for the review and what the city code requirements are and the planning commission's recommendation that was a result of the public hearing that was held I believe on April uh April 25th so the request here again is uh is for this property here which is located uh Northeast of the corner of 195th Street uh Kenrick Avenue I35 and in north of 195th Street north of casperson um a little bit of background this property has been mined um since about 1968 uh the period of time between the 70s and the and the 80s there was a considerable amount of material that was brought out uh exported from this property after Mining and uh sometime um sometime in the early 1990s um there was a determination made uh that there was a the property is likely over over excavated in terms of the amount of material I won't say shouldn't say OV excavated there was no plan established for how that would be filled um so in 1993 the conditional use permit was renewed in a similar processes we're looking tonight to allow areas of new mining in the property and that was primarily in in in in this this quadrant area here uh this project happens to be the very first planning report I wrote uh for presented to the Planning Commission and Council in 1993 just a a coincidence um and so it would be my uh my joy to see this wrapped up as much as as any anybody um so the last uh uh mining area was this strip here which was next to Kenrick Avenue uh this here area here that's completely mined there are piles that are sorted in here and then since that condition interim use permit was considered um and approved for a one year uh in 2022 um the uh the gas company centerp Point Energy removed this uh this old high-press gas main that served the South Metro uh I think it was installed sometime in the in the uh uh 19 uh 40s I believe and uh and that was relocated to a different uh location in the city and and that left this area of 100 foot wide easement area uh available for aggregate Mining and that is why the property operator and property owner have approached the city to allow this area to be mined um a little bit of zoning information here this property continues to be zoned for residential a mix of medium to high and low density residential at the time that the property is proposed for development that's how it would presented be presented to uh to any developers uh sewer to loc to develop this property is located in this vicinity uh north of you know the common thing uh restaurant here we know of Porter House and the town homes north of that is basically where the city sewer is 7/10 of a mile south so all this land in here outside the Musa uh area would have to be brought into the Musa and served as development occurs North bringing sewer um this uh is the property here it's Musa area B again the property to the South is also within that Musa area B and that establishes a time frame estimate of no sooner than 2029 through 2038 at the time that 2040 update was completed uh seven years ago uh this is a part of the comprehensive plan that talks about aggregate resources it shows the areas of the city that have uh aggregate resources most of this area here is developed this is the Ritter Meadows area here and the rich Ken property to the uh to the West that was also mined uh this property here is uh is where we're looking at tonight and the areas that are South have already been uh mined and reclaimed most of those established at the time that the interstate was constructed in the early 60s um and these again these are the former gravel areas that have been mined including Spirit of branch and farms and Jackson property in the North and then this area along the corridor of 35 uh this represents uh the final estimated grading plan in order to bring the site to a level that would allow uh for future development and the Planning Commission uh held a public hearing on April 25th uh and uh public input there was one person that commented at the public hearing um we had two comments we received through uh emails concerns relating dust control how that's handled uh noise from trucks that are uh um on Kenrick Avenue that may or may not be coming into this property and with a request for um um uh um engine no engine braking signs is the main request and this property owner lives to the to the north um and so the Planning Commission uh did recommend uh the city council approve the interim use permit subject to 19 stipulations that are outlined I did make some amendments I should point out uh with stipulations uh e which is number six in the report and stipulation K which is number 11 those have to do uh with uh uh removing reference to the crushing of materials not being uh allowed and um um that was the I believe the uh the concrete pumis which is want to clarify that that's not allowed and then also um uh the uh recognition that aggregant material the natural rock that's being mined uh would would be allowed as the as crushing um and then also that uh there's no there was a reference to Sunday operations which was which is not being proposed uh is not uh allowed under the current uh uh inter imuse permit that's proposed um so with those 19 stipulations there's also findings a fact for your consideration and I'll stand for any questions you may have very good um this is not a public hearing but we typically for these type of events we'll or issues we'll open it up if there is any public comments I'll do that now and then allow the council to have a discussion there's anybody that wants to share good evening Mr Anderson good evening good to see everybody see you you want my name and address Doug Anderson 19827 Jersey Avenue um just for context I live on the northeast side of Lake Maran down toward antlers Park I can view the boat launch and the the uh Eastern end of the Gravel Pit um to the north west of my home across the lake um mayor helier council members City staff um thanks for your diligent work on this application um I want to say at the outset I'm grateful that the stipulations include that um they no longer can bring in materials to crush and um Import and Export out of the site um that's been a huge part of the operation I think the last number of years and it's time just to stop that so I'm grateful for that I'm also grateful for Mr Dempsey um providing the clarifications of stipulation number 6 and 11 or whatever the letters are in the materials you have um that just I think helps to clarify things and be clear that particularly on stipulation number six demolition concrete and binus shall not be imported to the property period and and I think that's good um I trust he'll support those clarifications and those stipulations and uh my real reason for coming tonight is to talk a bit about timing and I appreciate the gentleman with this operator talking about what it might take in terms of of doing the mining um I was told by staff that it would take uh that that they were told that it would take two years to mine the area the area of the abandoned gas line I'm not sure if that's two years or he said two construction Seasons so it might be less than two years I guess um I fully understand the gas line was aband Abed um I'm kind of a pro business guy and so I get it I I certainly would support them mining out and taking advantage of having that aggregate um and be able to to run their business in that fashion um so in that context I think having an extension of up to two years makes sense to me as a neighbor um now here's my concern the operator is Desiring a 5-year extension as they said because that's when the Musa potentially can kick in um I don't see any reason to do that um I think that that two years from my opinion would be fine and I'll just tell you and and this is not necessarily about this current operator but I sat in your seat um for 10 years up till a year and a half ago and and sat through a number of these uh conversations that predate actually the city administrator and I'm pretty frustrated um there's been commitments over the years about reclaiming this mine and that the extension would be long enough and and I think that quite frankly um um it's just been it's just been really frustrating and I think it's just time to stop and so what I would suggest you might consider is that you would extend the permit for two years with the stipulations that are there and basically add a stipulation that says no more extensions we're done and if they don't have time from a product stamp point to fully reclaim the Mind by then from what I understand from City staff is that they could get a grading permit and continue to fill in what they need to do to accomplish the grading levels that they need so I just would appreciate your consideration to look at at most a two-year extension I as I said I do support the business community and I think that that's uh uh that would be good for this business this operator to have the opportunity to mine out that that burm um I think um and then but I would I would I would add a stipulation that simply says no more extensions were done and if you need to continue to bring product in to reclaim uh restore the grades that are necessary um they can get a grading permit from City staff so thank you for letting me speak and I appreciate your consideration thank you thanks any other comments about the permits okay yep sure show so um my question would be to slightly maybe compromise on that a little suggestion a bit and that to have um something in writing that it can only be um if they need the third year to get the property back to what the whatever it is that is required of them I'm sorry reclaim um that I I I guess my thought process is I don't I really don't want to put the pinch on that section it's a great opportunity to have the whole thing cleaned up I understand that it's been forever years um but um this opportunity wasn't available to the company at you know until the p plane um got cleared out of there so I'm just wondering if we can kind of word it a little bit differently maybe not allow the the same type of operation after um a certain period of time but U and then allow them that extra a year to be able to make sure that they can just get it to the point where it needs to be um we never know what the weather is going to be like and the other thing is is that um I I'm not even sure what construction season is going to be like in this climate right now you know so I mean we're putting the pinch on the property because we're wanting to get this done but maybe we could come up with a way to get it done and yet come to kind of a middle MH um compromise on it other comments have a question um if this were not to be approved today what would be the impact or next steps uh Mr Mayor and commissioner Lee or um councilman Lee um the the result then would be um that this uh proposed area this burm area would not be um would not be mined and then the property owner would have to continue to bring Phil into the property for an undetermined amount of time under a grading permit so the in other words this Ridge here would would remain and it's my understanding though that providing the ability to mine this requires that replacement fill come in it it doesn't require that it comes in uh because they I don't think that they can control control how much fill comes into the property but it's part of their business plan to do so um the my understanding is that is the the ability to get fill into the property has plays a big part in having the mining operation so vehicles have a place to so the trucks have a place to bring material in and leave with a full load of material for construction uh the operator could explain more about how that works if I'm misstating that but regardless of whether this is one year or two year for the uh for two years for the mining of this burm area there's still likely to be many years of fill material having to come into the property uh without it being a mining operation and that could well be over P later than 2029 but by removing that burm it does create a void that needs to be graded again right so whatever cubic yards come out have to be brought in to replace that oh true yeah um so to me my concern is that this continues to get extended longer than it already has um I I really struggle with extending this because of the impact on local residents um we've committed to them multiple times that there is going to be an end point to this and I think mining reinitiates a new timeline and I'm concerned that that we we just keep kicking that can down down the road as it stands we're not in a rush to to grade this because of the Musa we we determined that that was 2030 correct after 2029 after ages 20 you know 30s so I mean because Beyond just the ability to fill this were by having material come out that's increasing dust and noise and the the crushing of uh thankfully not concrete and imported material but of the of the aggregate that is there so I I wasn't in favor of the last extension and I I still am coming to a conclusion today that I I just don't think that's the right decision for especially our the closest neighbors north of of the mine um I'd be more in favor if the council is look interested in having more of a concrete this is the end and it's a shorter term but even even so I feel like we just keep dragging this out okay other comments down so um during the time that I was on the Met Council I believe we were doing the regional study on Aggregate and um you know the availability of that and it was a really good lesson for me and how important the proximity of these kind kinds of resources are to our construction costs um uh so I I think that's important um to recognize um and um I I I do think Michelle's point though about um you know making it maybe bringing in a little tighter timeline would be open to that okay um thank you for coming to to sub to uh for the requests and all the information Joshua I do share your same frustrations I feel like the fact that we didn't mine has slowed Reclamation I have nothing to prove that I just this is my sense um and so what my hope is is if we can kind of find a middle ground on this like shorter time period that it'll encourage some you know faster response and then you know if let's say we end 2026 and we're not seeing the results that we're anticipating we don't that Council does not have to approve an extension um so I my the factor for me that has changed is that the last time we had this discussion there wasn't anything else to mind so that's kind of the change um so that's where I would be I think [Music] on page three 3s 2026 and that's based on the two construction seasons and then I don't know if we need language on there for then the council to review or I guess it just runs out to be on the company to come back to the city again mayor can ask a question of Frank or maybe Andrea um so if the timeline has changed and I'm assuming on letter s here Rehabilitation is synonymous with Reclamation right yeah site Rehabilitation so bringing it to a proper grade right now there's no deadline on when they have to rehab the entire site currently no because there is no mining operation right now right it's strictly up to the property inorder to arrange for fill to be brought under the property so under today's scenario trucks could be coming into the site for decades theoretically very long time potentially if this is approved there's a drop dead date of when any material would be coming in by this deadline uh under the the mining activity which would be the the the excavation of the proposed area and crushing and sorting of materials from that mined area everything from that point would be uh and the hauling of the material off site would have to be completed by that time unless there's other arrangements made but bringing Phil into the property after the expiration day would work under a grading permit that would be overseen by the city okay so now I'm confused I thought Reclamation meant bring and Rehabilitation meant bringing material in yes that's what that means right so this interim use permit if it was proposed under the proposed timeline or an amended timeline that would be active for mining crushing sorting also bringing in material during that time but once the mining and and the aggregate is held off of the property and the interim use permit expires the owner can still bring fill material onto the property with a grading permit there will be no more mining activity CU they just then they can't sell the property for development I mean they can sell the property for this but they can't sell it for development until it's fully reclaimed is that uh yeah the the the purpose of the Reclamation plan is to bring it to an elevation that it can sustains sanitary sewer uh to the property and right now it cannot so it would sit until the property is brought up to X elevation to accomplish that before development can occur I guess they could sell it somebody else could reclaim it but you could develop it wouldn't be develop yeah you couldn't develop until claimed okay Joshua so it doesn't necessarily help really any timeline um it sounds like the only motivator to pulling this up to grade is the Musa becoming in effect which would allow development and Sewer sanitary theoretically only assuming if the southern property owner it so so really there's no motivation for the foreseeable future for this parcel to come to grade um so in terms of this and its impact on on finishing the project it I don't it doesn't sound like the mining helps accelerate the the grading process or the full Rehabilitation no that's not a question SSG do you guys want to respond to that do you have an answer or if that was wasn't able to be mined the material coming in would be drastically reduced or even stop because if there's an operator or an operation on site uh and it our materials become depleted we pull off there's no operator to take that incoming fill if we get 300,000 cubic yards of natural Aggregates and the motivator for the site Rehabilitation is the property owner with our agreement with him uh we get access to the Natural Aggregates that can use the site for that purpose his only stipulation with us is that you continue Reclamation with the access and the sales of 300,000 of yards of Aggregates and the processing stockpiling we can get bigger volume jobs and structure our sales accordingly to actually bring that fill in can you explain the business model a bit maybe that'll help us understand like are you are you have selling aggregate to people who are also giving you fill and so it's a better business relationship and that is that what you're saying or is that not accurate uh it sort of is uh with any construction site you do have export off of that job site and they need materials to replace that whether they're putting in a driveway concrete slab or a huge parking lot they got to remove that material they bring it to us and because of the freight cost uh they would structure their Hall to be a two-way Hall so they would come in dump their common off compactable fill and get reloaded with sand class 5 agre get based or rock products from this pit to back haul to the job if we have a significant amount of products available we can quote bigger jobs bigger parking lots bigger types of construction that uh allow those higher volume activities which will speed up the the Reclamation so are there competitors of yours that are doing that where they're taking bigger projects that maybe you're missing out on yeah John you want to maybe he's our sales manager sure John Fritz Superior sand and gravel uh so basically if we have um sand in here Aggregates to export um we will get more uh it's basically comes in at like a 2:1 so if there's a say a street job in Lakeville they dig out they their clay into here and then they take sand back out so two you you say two times of clay one it's probably something like that they always end up with more clay than they do sand so I guess after learning that like that's why I'd say a two years to say well how much do we actually reclaim you know are we finding the answer that we're hearing today I mean if you have two years of mining or we're actually getting that that would then determined to say okay we're or we're extend or not based on the activity if you want to do one year to see how it goes I'm fine with that too I think um another question I'm if we get to the point where this site is developable and it's not uh at the proper grade but you want to sell that piece uh of land to that developer what is the strategy for filling that um on a tighter time frame how do you get that material if you have a buyer it would be it would be really tough if you didn't have any material to any sand to sell out of there to get material back in that makes sense I mean because this this remaining strip doesn't seem to be enough to you know from a one: one standpoint doesn't seem to be enough to to fill all of this uh property so that's the other piece of this how do we get to the full grade so if if if say um that's a contractor calls and they say hey I I have uh 2,000 yards of common to get rid of but I need 1500 tons of sand back and I'd say okay we have the sand there and we can we can do that sort of operation and if we don't they're just going to go some you know somewhere else to do this because everybody wants to two-way Hall so is there is there some sort of where we can put a performance standard and say okay if you reclaimed above average next year then we'll extend it for a second year can we or is that I mean obviously you guys know how much is coming and going because that's how you charge I'm just wondering you know if we use that 100,000 or 990,000 or whatever if you exceed that then we'd extend it through 26 and then that Council can review it I mean I don't want to get too complicated but I think I would be more comfortable knowing that if we are actually speeding up Reclamation then I'm fine with keeping the mining going cuz I totally understand know just dumping dirt on my own yard I'm going to go somewhere if I can get the Rock from the landscaper I totally get that um I don't know if that makes sense for everybody grading plan was designed so that the uh aggregate removed from that burn burm would be about a one to one for the fill needed it doesn't look like it but got you I would still like to stick to two years I mean I I think it gets a little more complicated because then you're asking our staff to do like some sort of inspections and you know we're getting more people involved and just so you'd say expire in 2026 and then that Council can just review and that would be Mike next compromise to I would rather see it go with three years but okay but one Year's too short and it's just not even you're just kicking the can a little bit you know I guess the thing is is that we have to be respectful that in the fact I feel I'm sorry I feel that I need to be respectful that this is a business and this is an opportunity for them to be able to reclaim this property easier because of this opportunity that was given to them had that not come up I would probably be like Joshua and say you know what we said no done quit um but because of that I'm just looking at it as an opportunity to help this business get it done as fast as they possibly can but I don't want to cramp I just I don't I also I can't imagine the trouble that they'll just coming back here on the third year to say we're almost there but we're not quite you know so I I guess I'm just trying to be a little bit more flexible and but I'm willing to compromise with the rest of the council if you can at least give them the two years that would be good good enough for me I guess okay somebody want to make a motion for this and then changing the date do we want to reject it and have more conversation what do we where do we want to go I mean I think there's at least two of us that have know some sort of two-year but I would agree with Michelle in three but okay the only problem is because there's four of us I don't support three years and I think Joshua doesn't either and so then we end up with a tie and then you'd have to come back to another so what you're basically saying is is it that I come back to another Council one where the other fet yeah it either comes back in December well obviously not in December 26 because they probably want to do it before either comes back in the fall of 26 or the fall of 27 based on our conversations no I meant if we can't if we were 2 two today it you're saying that it would come back to the council so one way or the other it well it would fail and they could come back yeah if it's tied it's it then I would just or that motion then I would rather just um lay it over till the next council meeting so we have a full councel let the deciding factor be the next person then because I I think it should be 3 years I really do okay so then there needs to be a motion to table and then is there a certain timeline on that we just have to bring it up to the next meeting yes I'd recommend you table it to the next meeting because there is a 60-day deadline that you have to deal with okay so is there a motion for that yeah um I'll make a motion to table um till next meeting till the next meeting yes uh which is May 20th I believe is there a second second any discussion about the motion to table this until the next meeting okay roll call Lee hi wlk I helier I Walter I okay well sorry you got have to come back in two weeks um moving on to items eight and nine unfinished a new business anything to add okay with that um our next regular city council meeting is on the 20th of May right here at 6:00 and our next work session is the 28th uh also here at City Hall at six o'clock and with that I'll take a motion to adjourn oh excuse me one more announcement uh Saturday is International Day of living together in peace at casperson it's a Civic uh event put sponsored by a handful of different Community groups um and you can find information on their Facebook page with that I'll take a motion to adjourn so moved second second all in favor say I I I opposed rejourn"