Lakeville City Council Meeting 06-05-2023
LAKEVILLE CITY COUNCIL AGENDA 06-05-2023
0:00 Start
1:05 Call to Order
2:32 Lakeville Lions Presentation of Donation
7:29 Firefighter Jon Muma Retirement Recognition
13:14 Police Department Quarterly Report
29:52 Consent Agenda
32:20 A Public Hearing to Consider the Implementation of an Unmanned Aerial System (UAS) Program by the Police Department
45:35 Ordinance Amending Titles 10 (Subdivision Ordinance) and 11 (Zoning Ordinance) and Summary Ordinance
01:19:10 Adjourn
[0:00] [Music]
[1:07] **Mayor Luke Hellier**: Good evening and welcome to the June 5th city council meeting. If you join me for a moment of silence in the Pledge of Allegiance.
[1:29] **All**: I pledge allegiance to the flag of the United States of America...
[1:43] **City Clerk Ann Orlofsky**: Roll call please. Michelle Volk?
**Councilmember Michelle Volk**: Here.
**City Clerk Ann Orlofsky**: Luke Hellier?
**Mayor Luke Hellier**: Here.
**City Clerk Ann Orlofsky**: John Bermel?
**Councilmember John Bermel**: Here.
**City Clerk Ann Orlofsky**: Dan Wolter?
**Councilmember Dan Wolter**: Here.
**City Clerk Ann Orlofsky**: Joshua Lee?
**Councilmember Joshua Lee**: Here.
[1:55] **Mayor Luke Hellier**: Okay, moving on to item number three. Citizens comments is an opportunity for anybody in the community or business owners up to three minutes to comment on an issue that's not on the later agenda. So if you're here for citizen comments, you can raise your hand and come up. All right, very good. Item number four: additional agenda information. Mr. Miller?
[2:17] **City Administrator Justin Miller**: Mayor, council, an earlier copy of the agenda that was posted on Friday had a public hearing for the police department drone policy listed on the consent agenda. That's been changed, and so it's in the typical section where public hearings are going to be.
[2:29] **Mayor Luke Hellier**: Okay. All right, moving on to item number five, the Lakeville Lions presentation of a donation. And we have our Parks and Rec director, Mr. Masiarchin.
[2:35] **Parks & Recreation Director Joe Masiarchin**: Good evening. Good evening mayor, City Council. Over the years the city of Lakeville, in particular the Parks and Recreation Department, has been very fortunate to receive significant donations from the Lakeville Lions for items such as park amenities, facility improvements, and programming in special events. As noted on the screen, the Lakeville Lions have donated over 291 thousand dollars to the Parks and Rec Department over the past eight years alone. Contributions have been made to the King Park all-inclusive mini golf course, Valley Lake Beach pollinator garden, Puppet Wagon, along with donations to the Land of Amazement, the West Lake Mary mountain bike course, and most recently for native plant landscaping around the River Farm Park cabin that will be done in the next month or so at a cost of twenty-six thousand dollars. So not only do the Lions contribute significantly to the city, but also they donate to many other groups and organizations throughout the community such as ISD 194, 360 Communities, Sleep in Heavenly Peace, and Lewis House, just to name a few.
The construction of Abney Community Park was approved as part of the park Bond referendum in November of 2021, and plans are to construct the park in 2024 and open for use in 2025. And as noted on the master plan, the park will consist of amenities such as athletic decks, basketball and pickleball courts, baseball field, playground, picnic areas, and a splash pad. So when developing the master plan for Antlers Park and Abney Community Park, numerous residents that participated in the master planning process commented on the desire to construct a splash pad. Last June, Lakeville Lions committed to donating 500 thousand dollars towards a splash pad at Abney Community Park and at that time they presented the first donation to the mayor and city council for a hundred thousand dollars. Tonight, Lakeville Lions president Frank Lennon is with us along with many other Lion members to share with the mayor and city council the second donation, also in the amount of a hundred thousand dollars, that will go towards the construction of the splash pad at Abney Community Park. So, Frank?
[5:08] **Lions President Frank Lennon**: Behalf of the Lions, we really enjoy our commitment and our relationship with the Lakeville community, and this is just another way of us showing our commitment to the community. And we look forward to another great Pan-O-Prog, hopefully the weather will cooperate like it did last year. So with that, I am very honored to present this check for one hundred thousand dollars to the city of Lakeville for the splash pad and ask that we have a little photo op with you and the Lions tonight.
[5:45] **Mayor Luke Hellier**: That'd be great, absolutely. [Applause] Thank you.
[6:37] **Mayor Luke Hellier**: Behind you... thank you. [Applause]
[7:06] **Mayor Luke Hellier**: I just on behalf of the council I again want to thank the Lions for their dedication and service to our community and you know, as Joe highlighted, it's not just the city of Lakeville that is benefit but numerous community groups are partners with the Lions and we're grateful for your continued support of our community. So thanks again and thanks for being here today as well. Moving on to 5B, firefighter John Muma's retirement recognition and I'll turn it over to fire chief Meyer. Geez, sorry, I didn't demote you or report you.
[7:54] **Fire Chief Mike Meyer**: Good evening mayor, council. I'd like to present John Muma his shadow box for 20 years of service. Gonna mix it up a little bit tonight and his station Captain's going to say a few words about John. So I'm going to invite Captain Jeff Brown and John and his family to come up and receive his shadow box.
[8:19] **Captain Jeff Brown**: Mr. Mayor and council members, it gives me great pleasure to recognize John Muma in his 20 years of service. Muma and I actually have a little history together; we're part of the same rookie class and I can tell you that we served our entire career together at station four. I can tell you without a doubt that he always represented the fire department and the city at the highest level. Worked hard on scenes, he served on the relief board, served as a veteran role model and leader towards our other firefighters, and he always volunteered countless hours at any number of our community events. You could always count on Muma's smiling face talking to a group of kids or a group of people in general at any one of our waffle breakfasts or other events. Served with pride, dedication, and the heart of a civil servant. I can tell you that as a founding member of station four, his impact on our department was significant and his presence is already missed. Thanks to John for his 20 years of service. Thanks his wife Toby and daughter Madeline and Son Alex for their support of his career, his fire career. And on behalf of a grateful Department, John, congratulations on a well-earned retirement, brother. Thanks buddy. [Applause]
[9:52] **Firefighter John Muma**: So I'm not done yet. I'd like to first say thanks to mayor and council for all your support on the—for the fire department, it doesn't go unnoticed. I'd like to thank Geralyn for all your support with the relief over the years, it's going to be sad to see you go. Terry and Tori, a special thanks for all your quick responses to my stupid questions, appreciate it. Mike Meyer, our chief, fellow firefighters, thank you for all your leadership guys, support, camaraderie, brotherhood, sisterhood. I just always felt like a part of family and I hope that continues with you guys. It's hard... Madeline and Alex, for being patient with me when I had to run out in the middle of a game or dinner. Toby, what would happened without you, your support when the kids were one and two. I'd like to leave to my fellow firefighters the firefighters prayer: God, when they are called to duty wherever flames may rage, give them strength to save some life wherever it be its age. Help them embrace a little child before it is too late or save an older person from the horror of that fate. Enable them to be alert and hear the weakest shout and quickly and efficiently put the fire out. Amen. Thank you. [Applause]
[12:02] **Firefighter John Muma**: Oh yeah, so I will explain one thing. I had added to my shadow box was my grandfather. And this is kind of ironic, but I incorporated his badge into my shadow box for his 20 years of service that he had put in. That was the other badge. So thanks, Mike. Thank you.
[12:35] **Mayor Luke Hellier**: Thank you. Congratulations, thank you for your service. [Applause]
[12:47] **City Administrator Justin Miller**: Mayor, we might I might add, John's not totally done at the city. He is a full-time city employee now, and so he's been a great addition to the city in that regard as well.
[12:59] **Mayor Luke Hellier**: Very good, thank you, thank you. We'll give you guys a second to file out if you want. Okay, now item C: Police Chief Brad Paulson with our quarterly update.
[13:27] **Police Chief Brad Paulson**: Good evening mayor, members of the council. I thought they were all here for me, but it's here tonight to present our quarterly report and as noted on the screen there, the dates of this report are February through April of this year. And as we normally do, I'll start out with our mission statement, our why statement: The Lakeville Police Department exists to ensure an excellent quality of life by serving and protecting in a professional and innovative way.
Just a few Personnel updates from this quarter. And the two on this screen here are part of our community outreach programs and partnerships in the Lakeville Police Department. On the left there is Melinda Martinez, she is our new 360 community outreach advocate. She splits her time between Lakeville PD and Farmington PD and is a great resource for us. Her tentacles reach a lot of different areas from victims to families in need in a lot of different ways, so she's been a great addition to the PD. And then on the right is Jess Hoppy. She was hired by Dakota County Social Services but is embedded with the Lakeville Police Department. She offices almost all of her time out of Lakeville PD and helps our officers and staff with some aftercare in regards to mental health. You can see a list of some of the things that she helps with on the bottom there from mental health to substance abuse to obviously crisis calls, welfare checks, things like that.
And then Muhammad Noor is not a Lakeville Police Department employee per se; he's a city of Lakeville IT employee but he spends a good deal of his time up at the police department and he's acclimated well and has a tall task up there with a lot of technology both inside the building and in our squad cars. And he's doing a great job and fitting in well. He was previously with the Northfield school system.
And just one retirement of note: In April, Rick Hawkinson retired after 26 years in law enforcement, all of which were with the Lakeville Police Department. Rick touched a lot of different areas in our PD. I think he, in my opinion, left his biggest mark as a field training officer. He trained a lot of our staff members including me 21 years ago. So we're happy for him on a long and well-served career and he's enjoying his retirement.
One award to highlight: Back in April, Officer Samantha Strandberg was a recipient of the Military Order of the Purple Heart First Responder Citation. This award goes out to First Responders in Minnesota who are injured in the line of duty, as was the case with Samantha back in August of 2021 in a squad car crash with an impaired driver. The ceremony was held out in Chanhassen at the American Legion back in April.
A few things going on around the PD in the community between February and April. On the left there, if you haven't seen them in person or out and about, we are rolling out some new graphics on our squad cars. It's been a number of years since we've changed things up so we've updated those. I think we've got it on two squads at the moment and we are not stripping down squads and adding new graphics, we're just simply replacing as those squads are turned over. So there'll be a period of time here where you'll see two different displays out there, but over time we'll be all transitioning to the new graphic on the left.
And then our Citizens Academy, which we've highlighted before. Those 16 citizens graduated back in March. Nine weeks of a lot of different content—hands-on, classroom, a couple of field trips—but a really good group of citizens, a great cross-section of our community. We received a lot of good feedback from them on going through the academy and we wish we could do it more often and for more people, but it's logistically a little bit of a heavy lift for us. So we're hoping that those folks can all spread what they've learned throughout their circles of influence throughout the community and we hope to do it again in 2024.
Commander Jim Punchikar does a lot of our senior living facility talks on scams and fraud. He was out at Highview Hills this spring to give one of those presentations. He gets tapped quite a bit to do those and again, we get a lot of good impact and it's a good message delivered to those folks, a lot of good questions. We've partnered with Lakeville Fire and the Public Safety Foundation at the Lakeville Landscape and Home Expo back in March and we also coordinated with Lakeville Community Ed on a law enforcement career exploration class back in March where we had some students, 6th to 10th grade students, that came to the police department and learned what a law enforcement career looks like. So we're really trying to take advantage of tapping into those students at a young age to get more people funneling into our profession.
Another pairing with the school district was our opioid and fentanyl awareness forum back in April where we had some panelists from the county attorney's office, drug task force agent, Dakota County Public Health, and then a parent of sadly a young adult that overdosed on opioid as well was there and shared a really powerful message and answered some good questions. And then we participated, our reserve officers and our evidence technician there on the right, with Lakeville's Earth Day programs.
Just one slide to kind of highlight here some of the difficult, more tragic things we've had in Minnesota and in Western Wisconsin over the past a couple of months here with some officers being killed in the line of duty. And many of you probably have seen or are aware of the outpouring of support with duty-related law enforcement funerals. A lot of uniformed officers that attend these. We did attend both of these as well. Members of our staff represented Lakeville PD and are there to honor those officers and support those families and departments and communities that are reeling from these tragic situations. And not on the slide was another one in early May in St. Croix County, Wisconsin as well, so it's been a pretty rough stretch for law enforcement in our area.
On a much more positive note, some new programs and initiatives that we're working on with inside the police department. On the left there, our Community Engagement Team, which we've had for a few years now, we've kind of revamped and re-energized coming out of COVID where things got stalled a little bit. They have a pretty aggressive agenda of some outreach events throughout the year. Our open house, which was held Memorial Day weekend on Saturday, which was very well attended, was kind of our first formal event of the year, but there's some others listed there that more information as far as dates and details will be rolled out through our social media as those dates approach.
And then recruiting and hiring. So we put together a kind of a new team to get out and visit colleges and do some recruiting events. Worked a lot with Lakeville's communications staff to put together a video and some brochure and pamphlets to kind of re-energize some things there. We really haven't had to work super hard at recruiting over the last several years but, as it's been pretty well documented, our profession is struggling and so we're looking at ways to try to continue to get out there and recruit people.
Online reporting was rolled out. This is an application available on our website for certain crimes where people are not expecting an officer or desiring an officer to respond directly or immediately. There's a couple of the crimes highlighted there from lost property, theft from vehicle, and vandalism/property damage. The portal on the website really walks people through this and catches events that are not reportable online and things like that to steer them towards calling 911. I should highlight none of this is meant to completely replace people calling 911, we're not taking that option away from anybody. Even on any of these calls, if people prefer to do that they certainly still can. This is just an option for some people, maybe from a time-saving standpoint for the public and maybe a little bit more efficient on our end as well.
And on the right there, overdose detection mapping is a database that we've opted into where when we have overdose incidents, we input that data into this database that can track larger-scale trends and look at where some of these things are happening and try to catch some of the outbreaks and source of some of these narcotics that are coming into the communities.
Some training and development bullet points there, I'm just going to touch on three of these especially with the terminology. The LIDAR training is radar-based training for traffic enforcement. The DMTG certification is the official name of our breath testing instrument at our police department. And then the Jiu-Jitsu 50 instructor training—this is kind of a trend that we're trying to go down to train staff members to become instructors. It's a little bit more time-consuming on the front end but with the size of our department, we found it more efficient to now get some instructors trained and provide the rest of the training to our department rather than sending everybody outside on their own.
Two cases of distinction to highlight—these were both a little bit higher profile and involved a lot of work from various parts of our department. The top one, an Amber Alert back in February where a three-year-old was reported missing by his father one morning, which obviously causes some alarm and puts some people into panic mode pretty quickly. But with our investigative team and patrol officers and an Amber Alert, we were able to track these folks to the area—the biological mom of this child were en route to the airport to board a flight ultimately for Europe. So the timeliness certainly paid off to get them into custody and work through some familial arrangements that they're struggling with at the time.
And then on the bottom, a shots fired case. This was in the parking lot of Cherry View Elementary back in early March. Two young adults that ended up back there late at night and were firing a handgun into a snowbank. And common sense would say a snowbank isn't going to stop a bullet, and it did not. Some of these bullets penetrated a home in the area. Fortunately, nobody was hit; there were people home at the time, so we certainly avoided much more of a tragedy there. But those folks were identified through kind of a unique vehicle captured on video and our detectives tracked that down and tracked these individuals down who are facing charges related to that incident.
A few slides to highlight some statistics, and these are all year-to-date statistics January through April. Our case files are up about 60 year-over-year and again, these are incidents where a police report is actually generated. And then our calls for service, which is all calls that we initiate or respond to, are up by about 1400 year-over-year. You can see some pretty good-size increases there with welfare checks and crisis mental health type calls. From a traffic standpoint our traffic stops are up; our property damage accidents remain fairly consistent with 2022 numbers; and our personal injury crashes are up by about 20 year-over-year.
Criminal offense reporting, just a couple to highlight there. Our DWI offenses are up; a lot of that is through some more targeted enforcement campaigns that we've been able to do in 2023. Our motor vehicle theft offenses are down. We did push out last week vehicle locking devices for certain Hyundai and Kia model vehicles. Certain year models qualify—again that's on our social media so people can certainly reach out. We do have those available, we're working with Hyundai and Kia to distribute those. And then the sex offenses—there's a pretty good increase there. Those are a little bit tougher to track or put a real finger on pattern-wise, those can kind of be sporadic ups and downs, but certainly a larger number this year than last year. And then a comparison look at our neighboring agencies that we often compare to on this report—a little bit above Apple Valley and slightly under Burnsville year to date.
And then I'll end with this slide here, which I think is kind of a fun one. I talked about community engagement earlier in our formal efforts to orchestrate certain events and programs which are great and very well received. These three photos here are all kind of candid moments of our staff, I would say going above and beyond a little bit. We talked to them a lot about making every encounter a positive citizen contact to the extent it can be depending on the call type. But the comment there is from a teacher at Huddleston Elementary who was on a field trip and had CSO Annika Lang stop by on her own to interact with the kids, play games, hand out stickers. She wasn't assigned to be there, she wasn't planning to be there, she happened upon it and made a great impact. On the upper left there it's a little bit difficult to see, but those are two of our officers pushing a stalled motorist in a parking lot downtown. This picture was captured by a citizen and passed along to us. And then on the bottom left there is Officer Joe Andrew who's holding a small child while his mom works on a stalled vehicle there. The child was kind of impatient as you could imagine on the side of the road there, so while she was working on the truck, he entertained the child and someone snapped the photo and sent it as well. So happy to see our staff out there making a positive impact in some of those extra ways that people don't always get to see. With that, I will stand for any questions.
[27:31] **Mayor Luke Hellier**: Council, any questions? Michelle?
[27:35] **Councilmember Michelle Volk**: Thank you, mayor. So it's difficult these days with technology advancing as fast as it does, etc., for coming up or keeping track of the latest scams. And so, you know, from what I've seen in the news that the AI technology is causing even more issues because they're actually able to replicate voices of our loved ones when they're making those calls to try to get us to give them money etc. or gift cards. And so my question is, how does the Lakeville Police Department get their information on, before even us the public, on what are some of the latest trends and scams that are taking place that we need to educate our community on?
[28:38] **Police Chief Brad Paulson**: So we participate in a lot of different partnerships. One of them is through the Minnesota Fusion Center, which takes in a lot of data from active criminal incidents to crime trends, and they push out information a lot that we filter through and get out to our community as applicable. On the scam side, because it is so difficult to keep up with the very latest trend and they're changing so often, we really preach patience in fact-checking and double-checking. Because it really doesn't matter the type of scam or the approach that people take, these things aren't urgent matters. So we really preach to people: You know, grab a phone number, say you're going to get back to them, reach out to us, ask some questions, talk to your family members, ask some questions. Even if someone's saying your grandson's in jail, an extra five minutes is not going to change anything. So we really preach that when we give these presentations to especially our senior community but really anybody in our community—take that extra step to verify what you're being asked to supply to someone as far as information.
[29:43] **Councilmember Michelle Volk**: Well thanks for—I appreciate the people sending in photos of our folks on the street, that's fun.
[29:48] **Police Chief Brad Paulson**: So do we.
[29:49] **Mayor Luke Hellier**: Very good, thank you. All right, moving on to item six, the consent agenda. Any items they wanted to highlight, Mr. Miller?
[29:58] **City Administrator Justin Miller**: Thank you. Just tonight, mayor, item 6E is the cancellation of our city council meeting on July 3rd. With that being on a Monday and the 4th being on a Tuesday, we think that there will probably be a lot of vacations going on, so we're canceling that meeting. And then item 6Q is accepting the bid and award construction contract at Kellington Construction. This is for shelters and shade structures at Antlers Park. And as always, this is part of the park referendum project. We just want to keep people updated on the progress on that.
[30:38] **Mayor Luke Hellier**: Very good. Council, any item that you'd like to have further discussion about or pull for a vote?
[30:43] **Councilmember Dan Wolter**: Mayor, yes, I need to pull item H.
[30:45] **Mayor Luke Hellier**: Okay, pull item H off. Is there any further discussion about the consent agenda? I'll take a motion to approve.
[30:56] **Councilmember John Bermel**: I'll make a motion to approve the consent agenda minus item H.
[31:00] **Councilmember Michelle Volk**: Second.
[31:06] **Mayor Luke Hellier**: Motion minus H, all in favor say aye.
**Councilmembers**: Aye.
**Mayor Luke Hellier**: Opposed? Okay, we approve the consent agenda. We'll move on to 6H: renewal of liquor, wine, 3.2 malt liquor, tap room, and small Brewer off-sale licenses effective July 1st. And I don't believe we have any discussion unless anyone does. We just needed to vote on that separately.
[31:26] **Councilmember Dan Wolter**: Mr. Mayor, I'm just a need to abstain on this because my employer has two licenses on there.
[31:31] **Mayor Luke Hellier**: Okay. Any—yep, councilmember Bermel?
[31:38] **Councilmember John Bermel**: I moved to Grant on-sale Liquor, Club liquor, wine, 3.2 Malt Liquor on-sale, Brew Pub, off-sale Brew Pub, Taproom, and small Brewer off-sale Malt Liquor licenses effective July 1, 2023 through June 30th, 2024.
[31:58] **Councilmember Joshua Lee**: Second.
[32:04] **Mayor Luke Hellier**: Very good. Is there a second? Seconded. Any further discussion? All in favor say aye.
**Councilmembers**: Aye.
**Mayor Luke Hellier**: Opposed? And abstentions? Okay, very good. One abstention, passes 4-0-1. Moving on to item number seven on the agenda: a public hearing to consider the implementation of an unmanned aerial system programmed by the police department. And I believe the chief will give us a little bit of an update on that.
[32:36] **Police Chief Brad Paulson**: Yes, I will. Back—I should have done a costume change or something, but I have just a handful of slides here to really highlight the information that you've received in your packets. So the police department would like to implement an unmanned aerial system program, more commonly referred to as a drone program. And just for some terminology sake, when you see the term or hear the term UAS, that's unmanned aerial system, and UAV is unmanned aerial vehicles. These are what the actual devices that are up in the air, which are more commonly referred to as drones.
Some of the proposed uses for law enforcement, including what we would like to use these items for: search and rescue, crowd monitoring, surveillance—and these are more large-scale events, think of like Pan-O-Prog where we have thousands of people confined to a smaller geographical area. Traffic collision reconstruction—we currently utilize the Minnesota State Patrol, but they generally only reconstruct fatal crashes. This would allow us to do other serious injury crashes that we may have a need to get some drone footage for reconstruction purposes. On that same note: crime scene documentation, active incident overwatch. So this is more of a safety issue—maybe a criminal suspect has fled an area, maybe we are setting up a house to execute a search warrant where we want something up in the air to get a better set of eyes, so to speak, or a better vantage point. And then on the bottom: tracking and apprehension. So this is a little bit different than the search and rescue; tracking and apprehension would be more like what a canine would do but doing it from the air in a safer manner with a drone.
Why are these useful? Just three real reasons to kind of highlight—these aren't the only reasons, but some of the bigger reasons. We can get these up in the air relatively quickly, certainly much faster than getting a helicopter, certainly faster than paging another department to come out and assist. And they make these now a lot smaller and more rapidly deployable than they did even a few years ago. They're efficient as far as being able to again get them up in the air quickly and utilize them with staff that we have already working that are trained pilots. And a reduced risk to personnel. So rather than putting an officer in a position, we could utilize these UAVs or drones at times to use that as a set of eyes where an officer could legally be but maybe for safety reasons is not the best spot to be.
So what are we currently doing to get by? The Lakeville Fire Department has a great drone program that we utilize quite often, and this isn't to supplant anything that they are doing; they would continue to have their program. There's a great need for that, but we have a need outside of what we're asking for them. The Dakota County Sheriff's Office has a drone program that we've utilized from time to time, and then like I mentioned, the State Patrol helicopter is an option too, but they have some flight limitations and certainly to get them up in the air and down here sometimes takes a little while.
The need for our own program—again we've touched on this one a little bit—but the rapid deployment capabilities, don't have to page anybody else out. Safety risks to non-law enforcement personnel. So when we're putting fire department or other people maybe in a what we would consider a hot zone—something that's not quite as safe—we have to assign staff to them to keep them safe which ties up some resources. And then State Statute has a lot of requirements specific to law enforcement drone use: search warrant requirements at times, very specific types of incidents where we can use these things. There's reporting requirements and every time we use them, and also very specific guidelines on how to store and retain data in timelines tied to that data.
And then as far as implementation process, statute requires that we have a public comment period including at a meeting, which is what we're doing here tonight. The meeting was posted in a local newspaper. We do have a written policy in place which has been posted on our website as well, which is also required by statute before we move forward. So to conclude, we just would like to obtain the council's approval in moving forward with this program. We think adding the technology and capability takes a large step towards increasing safety throughout the community and does so with a cost-conscious approach of accomplishing this goal by providing good value for public services.
[37:12] **Mayor Luke Hellier**: Very good. I will now open the public hearing. Is there anybody online? I don't see anybody here either, so I'll take a motion to close the public hearing.
[37:25] **Councilmember Michelle Volk**: So moved.
[37:27] **Councilmember John Bermel**: Second.
[37:30] **Mayor Luke Hellier**: All in favor say aye.
**Councilmembers**: Aye.
**Mayor Luke Hellier**: Opposed? Okay, the public hearing is closed. And now I will open up for Council to have a discussion on the policy and then also eventually a motion.
[37:54] **Councilmember Michelle Volk**: I do have a question for you, chief. So in the policy it talks about data retention etc. and also what the—if the data is private etc. So the retention is very limited from what I see. Can you explain why it is such a short time frame? It looks like it's, if I'm reading this right, less than seven days.
[38:19] **Police Chief Brad Paulson**: Yeah, and it's tied to the type of data. I'm just scrolling through the statute here so I quote it correctly. Where the seven days comes in, there are certain times where you can retain data for longer if it's tied to a criminal case, but we would have to document that fact. I think the intent of the statute is to avoid us capturing a bunch of public data from something like Pan-O-Prog and holding on to that and then reviewing it months later when there's really no need in having that. One of the concerns not just in our area but nationwide with drones is a public's right to privacy, and I think this is a way to kind of address we're not out there trying to capture people's data and then sift through it to see what we can uncover. It's more if we're collecting this data specific to a crime, then we can hold on to it, potentially use that for criminal charging purposes, but not just generally obtaining it and holding on to that.
[39:20] **Councilmember Michelle Volk**: And then also, so just like the body cams, the public could request, before it's deleted, the information that is collected?
[39:31] **Police Chief Brad Paulson**: Correct. Yeah, so it's data just like body-worn camera video or any other video that we obtain, or really any other information we obtain. Citizens, any member of the public can make a data request and then our staff follows the statute to determine who's entitled to that data, whether there's any redaction work that needs to be done before it's released. But this is considered data just like any other. It's defined a little bit more clearly in statute than some of the data is just because it's a little bit more—it's been vetted a little bit more and there's been more concern about this in the past so they've put more work into this, but it certainly is data just like any other.
[40:11] **Councilmember Michelle Volk**: And this policy—pretty much these questions are really for on behalf of the public for them to better understand what it is that could take place. But this policy is pretty much driven a lot, according to what I've read, by State Statute. It's not like you've added extra things for Lakeville; pretty much the state keeps us within a box.
[40:34] **Police Chief Brad Paulson**: Yeah, a vast majority of the policy is governed by State Statute. We have a little bit of flexibility in things such as how many people we want to train to be pilots, how we structure our programs, certainly things like that. But as far as the use—what we can use it on, how we capture data, what we do with that data—that's all governed by state statute.
[40:55] **Councilmember Michelle Volk**: And then since you brought it up just briefly, if you could just tell the public what our intent is and how many people we plan to train etc. for this service if it's approved.
[41:04] **Police Chief Brad Paulson**: So initially we looked to train six pilots. And those people have to go through certainly a training class, there's a test through the Federal Aviation Administration that they have to pass. Once they do that, there's certain training hours that they have to get in. We think six is a manageable number which gives us enough people out there on given shifts to have access to this, but it's also doable from a training standpoint. It's not a huge commitment to get people up and trained, not as much as maybe some people would think, not as much as I thought before we started looking into this. And then to get better, to get training hours and flight hours in, we're really looking at people to be able to do this on shifts from time to time because you don't necessarily need a block of four or six hours; you could have some downtime between calls and fly a little bit and then ground your device and take the next call if you had to. So about six is the number we're looking for to get this off the ground and rolling.
[42:04] **Councilmember Michelle Volk**: Thank you.
[42:12] **Councilmember John Bermel**: Yeah, so new equipment, new training—can you just describe briefly how this will be funded?
[42:25] **Police Chief Brad Paulson**: Yeah, so the general budget number we're using is about sixteen thousand dollars, which includes the drones themselves, the training both up front and ongoing throughout the rest of the year. So as was noted, there's no—we did not budget for this program in 2023. We are not asking for any additional funds in 2023; we have money that we were able to use from our training budget and our equipment budget combination of those two to push this through for 2023.
[43:03] **Councilmember John Bermel**: Thank you.
[43:08] **Councilmember Joshua Lee**: Not a question, more of a just a comment to council. When this went through the Public Safety Committee, I think the areas we discussed a little more at length were theoretical situations where these drones could be used that would benefit the safety of our staff but also the people in crisis in those moments. And then cost-effectiveness. Right now we've got a drone program with the fire department and there are some efficiencies with not only the training but the equipment that across—can cross over between both departments. So as we continue to roll out this program with the police department, there are benefits to both of those departments using similar equipment. So just things that we discussed at the public safety meeting that we haven't brought up yet.
[44:00] **Councilmember Michelle Volk**: Yeah, one more comment. And so just so that the public knows that we did—or at least I received an email, I'm sure the rest of the council did too—as part of like the public hearing process. And so I just wanted to let the citizen know that they made some good points and I definitely took those under consideration as I was looking at the policy as whole. So thank you for that citizen for letting us know their thoughts on this program.
[44:27] **Councilmember Dan Wolter**: Just want to make a comment. I think my first reaction looking at this, as any potential downside is the privacy issues. But reading the policy and hearing the discussion here, I'm very comfortable that those are addressed. You know, I think the average person doesn't like the idea of a drone swooping down over their pool in summer and so forth, and I think the circumstances that you've laid out in this policy are good. So I'll be supporting this.
[44:58] **Mayor Luke Hellier**: Any other discussion? I will take a motion.
[45:00] **Councilmember Joshua Lee**: I'll move approval.
[45:04] **Mayor Luke Hellier**: I just need you to read the... you should read that.
[45:07] **Councilmember Joshua Lee**: I'm still an amateur, sorry. Move to authorize the Lakeville Police Department to move forward with the implementation of an unmanned aerial system to enhance and streamline Public Safety in our community.
[45:26] **Councilmember Michelle Volk**: Second.
[45:34] **Mayor Luke Hellier**: Any last discussion before we vote? Okay, roll call please.
**City Clerk Ann Orlofsky**: Volk?
**Councilmember Michelle Volk**: Aye.
**City Clerk Ann Orlofsky**: Hellier?
**Mayor Luke Hellier**: Aye.
**City Clerk Ann Orlofsky**: Bermel?
**Councilmember John Bermel**: Aye.
**City Clerk Ann Orlofsky**: Wolter?
**Councilmember Dan Wolter**: Aye.
**City Clerk Ann Orlofsky**: Lee?
**Councilmember Joshua Lee**: Aye.
[45:41] **Mayor Luke Hellier**: Okay, very good. Moving on to item number eight: Ordinance amending titles 10 and 11. I assume Mr. Morey is presenting. Very good.
[45:55] **Daryl Morey (Planning Staff)**: Mayor, council members, good evening. Tough act to follow—police, fire, and the Lions Club all starting off this meeting. Wow. And this is not going to be nearly as exciting as those that preceded me, but I do want to walk you through this year's annual zoning ordinance update. This is actually as you know—I was around the council for a while—we do this every year. Usually around the beginning of the year we get this started. We basically as a staff, with assistance from the Planning Commission, kind of keep a running list of items that we want to have for discussion at the next annual update process. And you know, we do get some new development trends—I'll kind of cover a couple of things here coming up—and then just some provisions that we get made aware of that might be a little bit unclear, that might need clarity or any process to improve the efficiency of our ordinance.
This is actually round one for this year, there will be round two—I'll cover that in a moment. I do want to give a shout-out to my two associate planners, Frank Dempsey and Chris Jensen, for their work on this this year. They really rolled up their sleeves and did a lot of the heavy lifting on this that's before you this evening. I'm just the spokesperson; they are the ones behind the scenes that have done most of the work.
We did have work sessions with the Planning Commission in January and April to get their feedback. We did get some public input as well at those work sessions. And then we had a public hearing on May 18th and the Planning Commission unanimously recommended approval of the ordinance that you see in front of you. There was no public comment at the public hearing.
Just a couple of things really quickly that I'll cover of the more major changes. One was proposed solar energy systems. Our current ordinance, the way they're set up for solar panels, is to encourage them to be on the roof. We did get last year a resident who has a fairly large single-family lot that, for his purposes, wanted to have that ground-mounted, but because of the limitation on the size of the ground-mounted panels, that would not work for him. What we did—and we did have some help from his company that was going to install the equipment—but we surveyed a number of communities in the area and what we found out is a lot of the other cities regulate them similar to an accessory structure, accessory buildings. So the changes that we made kind of tie it into our accessory building section of the ordinance. So we are regulating the number, the area, the setback, building coverage for example, and height. And these changes would allow this person's proposal to move forward and we think will be more flexible and accommodating for other citizens, single-family residents in the city.
We did some things to try to expedite our review process. We did change some things from conditional use permit to permitted uses. Those are listed there: convenience restaurants that don't have a drive-through, daycare uses in commercial districts—relatively few comments ever on those. And in the C1 District, we kind of had an old provision where you had to get a CUP for a fitness center and because those are neighborhood commercial districts, the fitness center size is limited to 2,000 square feet, but it moved from a conditional use to a permitted use now in those districts.
And then you can see there's a few examples where we changed conditional uses to administrative permit. And one of those—and this was fairly recent—The Goddard School up in Spirit of Brandtjen-Farm did a small addition. It's under construction right now, was just up there last week looking, and it really didn't have any impact on the area, it was relatively straightforward. So we thought it would help situations like that, whether it be a PUD change or conditional use or interim use permit change. If it's a small increase, less than 20 percent, that we could do that as an administrative permit administratively versus going through the public hearing process. And then a couple of others quickly: multiple principal buildings on a lot in commercial districts and connection of principal buildings across a lot line in commercial districts. We have enough performance standards set in place for those that it can be easily administered by staff and not have them go through that public hearing and that process, which could add roughly 60 days to their approvals.
Also—and I see Mr. Sewell with D.R. Horton left—he has had Berkshire second final plat on consent agenda. That's a large development over south of 170th east of Eagleview. It's on the other side of 170th from Spirit of Brandtjen-Farm, and they asked—raised a question about having subdivision identification signs at each corner of an intersection. They're off of 170th Street and they wanted to have one kind of facing each direction—seemed to make some sense. That is a large project and it has actually has two or three collector streets in the development, so it could apply to other streets besides 170th. And we just thought as we were looking through that, that made some sense for residential developments citywide, not just Berkshire.
And then we made a couple of adjustments to building height in the RH2 district, which is our more intensive multi-family district. Because we're seeing so many of these multi-family uses with basically 12-foot per floor, we previously were at four stories, 45 feet. It just made sense with the current trend of 12 per story to bump that to 48 feet, so it's an increase of three feet. And then in the I1 and I2 districts—and you've I know you've seen this here in the last few months—a lot of these larger warehousing distribution buildings are coming in at 50 feet in height just to get some more flexibility and clearance for their ceiling heights, and we were at 45 feet for that as well. So we thought making a slight adjustment to 50 would lessen the request for conditional use permits and again shorten the time frame for approvals of these types of projects.
A few other things here, I won't go through all of those. These are mainly cleanup things, again trying to make things more efficient and just cleaning up some I would say anomalies in the ordinance from our perspective. Changing bed and breakfasts from conditional to interim use to go with the use and not with the land seemed to make a lot of sense for us. The animal kennels—removing them from the OP district. That just was inconsistent with the purpose and intent of the Office Park District, which is a higher amenity, higher use type of district. And we do allow animal kennels by CUP in the C2, C3, I1 and I2 districts, so they're allowed in four other districts in the city.
Daycare as an accessory use only in the OP, I1, and I2 districts, not as a principal use. Again to support the businesses that are in place but not necessarily be a freestanding use in those districts, which are more obviously industrial in nature and different traffic patterns than you would have in a commercial district. We removed daycare from the I3 district, which is the airport industrial district. And then we removed airports as an allowed use in the I2 district because we have the new I3 district, which is what Airlake Airport is zoned. So it made sense to clean that up as well.
We did change some of our performance standards. Highlights: allowing a second driveway for single-family homes that have lot width greater than 125 feet. We did that—we've been seeing in some of the larger single-family lots—I'm just going to pick on Itari Court area east of County Road 50 across from Kenwood Trail Middle School. We've had several requests over the years in that area. Those are all larger lots and it made sense to allow second driveways for those larger lots that can accommodate them.
We had some unnecessary density language in the RM, RH, and M districts. It basically was taking language out of the comp plan and putting it in those districts. There are minimum lot area unit per lot area standards, and so that density language is not needed, so it cleans that up. Modifying the existing exterior finish requirements for stand-alone apartments in the M districts so they're more consistent with the RH district versus the C district. And then just again a quick cleanup for rear yard setbacks for commercial districts abutting a street to have it be 30 feet, which is the same as the setback from a residential zoned property, and those are for again for double frontage lots.
Future topics: these will be coming up and I see we bled off my slide a little bit, I apologize for that. These will be round two. We're going to have a public hearing for that at the June 15th Planning Commission meeting. Again, a lot of this is cleanup and then a couple of items that were not included in the public hearing for round one inadvertently that we will come forward to a future not only Planning Commission but city council meeting date sometime in July. In summary, the Planning Commission and staff are recommending approval of the ordinance that you have in front of you that amends the subdivision ordinance and the zoning ordinance, and we also have a summary ordinance for publication. And I can stand for questions.
[57:12] **Mayor Luke Hellier**: Mr. Morey. Council, any questions or comments?
[57:14] **Councilmember Michelle Volk**: One question. And so I read this over a couple days. Was there something written to the effect that if a home business was doing tutorials, that it was only one person at a time? Could that be one family at a time? I mean, if you had a set of twins you'd be against the ordinance. Do you understand what I'm trying to say? Or, you know, a brother or sister and you're just going in—technically the way the ordinance is written is per person, not per family.
[58:00] **Daryl Morey (Planning Staff)**: So, and the intent of it was—there's a couple of things because you kind of have to rewind a few years. We used to have permitted home occupations and special home occupations, and special home occupations required a process similar to a conditional use permit. So there had to be a public hearing, there had to be a review by the Planning Commission before it came to council, and that could take a significant amount of time. It was generally for beauty salons, massage therapy, and then this—the tutorial. So to simplify that a few years ago, we changed basically all the home occupations; they're either permitted or they're not permitted. So we took out the special home occupation permit language. This is just a cleanup from that previous language because before, the tutorial was for one person or one student at a time. And the intent of that is because it's a residential neighborhood—to keep it residential. And then if you were to have more than one, you had to go through the special home occupation permit process. In all my years here I can't think of an example where we had that, so it seemed outdated. That's why we changed the language and this is just a cleanup from that.
[59:34] **Councilmember Michelle Volk**: Okay, so what did I miss then? So is it still only one person?
[59:40] **Daryl Morey (Planning Staff)**: Yes.
[59:41] **Councilmember Michelle Volk**: So if somebody had a brother/sister, whatever—two kids—it would not be permitted? It would be just the one? Now on the other hand, if somebody rolls up in a single car and two kids pop up, I don't think the neighbors are going to complain about that. If people roll up in two or three cars in the neighborhood, that's probably when we're going to get the complaints.
[1:00:03] **Councilmember Michelle Volk**: And so I get that. I mean, I don't even know how we'd even find out, but some people don't want to break a rule so they would go and read this. Next thing I know, they'd have to tell a family, "Oh, I'm sorry, I can only do one student at a time, so you as a parent will have to come back twice."
[1:00:23] **Daryl Morey (Planning Staff)**: Technically, yes.
[1:00:25] **Councilmember Michelle Volk**: Well, I guess that's why I just brought it. I just didn't know if it could say family instead of person, but you know, I'm only one person on the council.
[1:00:40] **Mayor Luke Hellier**: No, I mean that was my concern also. I don't plan to take two tutor appointments. If we could work on the "one family," I'd be more comfortable. I guess they probably—to your point or your point—I don't know, you're not going to unless somebody complains about a lot of cars in somebody's home. But I would be more comfortable just changing it to one family instead of one student. Maybe.
[1:01:04] **Councilmember Dan Wolter**: I agree with that. That was one of the things I—it jumped out. And I mean in your example, Michelle, it's like okay, I'm tutoring a kid or I'm teaching a kid, I'm doing a music lesson or whatever. And now the next appointment pops up and they're gonna have to wait for five or ten minutes, but there will be two people there and then they'll want to leave. And it just seems like if there could be some exceptions, because I'm thinking too—let's say it's music lessons and at the end of the year there's a recital and you're going to have a handful of students with their parents there going through and doing a recital in the home, and whether that would be a violation or not.
[1:01:56] **Daryl Morey (Planning Staff)**: Well, I would be a little cautious with the recital, because if it involved multiple students—let's say they were teaching a number of different students—they all showed up at the house at one time for recital, that's when you're likely to get neighbor complaints. What I would say, just a couple of comments really quickly—and this is identified in section seven of the ordinance that you have in front of you—I'm looking at the red line version and it strikes the language that says "additional students receiving instruction at one time may be allowed for single family uses subject to approval of an interim use permit." That's the language that's there today that would allow the scenario that Councilmember Volk has cited. What I would be careful—and I would look to the City Attorney to correct me if I'm wrong—but I would be careful to change "one pupil" to "one family" because then it puts staff in the position of trying to determine that these people meet the definition of family that we have in the ordinance.
[1:02:49] **Mayor Luke Hellier**: If you want to hang on to that, I would just pull section 7 out of the proposed amendment and leave the language as is today, and then they would have to go through an interim use permit process and then we can vet that better.
[1:03:03] **Councilmember Michelle Volk**: I would like to see us—if they can come up with the language, even if the word isn't "family" or a way to describe... you know, I don't know how they're going to describe it as "one car," but they have to be related. There has to be a reason why you're going to... that's why I'm saying you know, a twin, a triplet, brother and sister. They're only a year or two apart but they're in high school, so the subject matters are crisscrossing. A subject matter in high school you don't necessarily take it in the year that you're in—that math level, you could be a 10th grader taking it and you could be an 11th grader or a senior taking the same class. And if they both need to be tutored in it from that family, you know, it would be better for the parents and I assume for the tutor to be able to have both students there in front of them to be able to take care of that issue. But I don't want to see them—I don't want to open the door that your neighbor is going along with your child. That isn't the whole purpose. The purpose really is so that it's convenient for the family that's getting the tutoring.
[1:04:41] **Mayor Luke Hellier**: Mr. Morey, I wonder if there's maybe some—is there parking ordinances that would solve the concern? I think I'm going to admit to a crime: My neighbor teaches sewing to my daughter and three other girls, right? So somebody's not—I mean, she's not on the road, but there's no cars because they all walk over to her house and she takes sewing. So I'm wondering is there more of a parking issue to be solved than what is being conducted as a business?
[1:05:05] **Daryl Morey (Planning Staff)**: Technically, the vehicles of the patrons of that business are supposed to park in the driveway of that residence, not on the street. Related to your parking issue and again, one family—like how we define that. Well, I might have to work with the City Attorney's office, but it presupposes one car, and that vehicle—maybe they just drop them off. But as you mentioned, maybe it's high school age kids who can drive—that vehicle is supposed to park in the driveway while they're having the instructional lessons so they're not on the street.
[1:05:39] **Mayor Luke Hellier**: I guess I would be supportive of the idea of maybe pulling and sending our thoughts to the Planning Commission and staff and maybe come up with something alternative that everybody's okay with that.
[1:05:54] **Councilmember Joshua Lee**: I feel like the spirit of the rule is clear and I don't really foresee that much of an issue taking place from this. So it sounds like it'll get pulled, that's fine. I just—I don't think it's going to be a huge thing.
[1:06:14] **Councilmember Michelle Volk**: You know, it's sometimes it's the weird little thing. So it's like me finding out as a new council member that it's only three dogs allowed in the house. I was like, who came up with three? And so then when I saw one, I went "One? But what if you got a twin?" You know, I mean it was just the little things that I just thought... yeah, it's you're right, it's like the biggest thing to solve in the world, but it just seemed like maybe we should have thought of it. And if there was a reason why not—that it was for safety or something like that—then I can see the difference. But really, this is just making it easier on a community member to actually access the service for their family.
[1:07:06] **Mayor Luke Hellier**: Yeah, I guess my thought in the car situation to your point is you know you think about daycare that has 10 kids, there's not 10 cars there at one time.
[1:07:22] **Councilmember Joshua Lee**: Okay, I'll bring up mine that came—that stuck out to me, which is the kennel ordinance change. Most of the permitted use changes seemed just a slight tweak from CUP to an administrative or a fully allowed use. This one went from allowed to completely not allowed. And I think—I guess before I make a comment on that, I just want to clarify first: Does this mean that by un-allowing it, that this is no longer allowed by CUP or by accessory use?
[1:08:00] **Daryl Morey (Planning Staff)**: That's correct. It would not be permitted in that district in any way shape or form.
[1:08:06] **Councilmember Joshua Lee**: Okay. So then I guess my comment or concern—and based on where it is allowed, maybe this isn't actually a concern—but I believe one of the other restrictions around kennels is distance away from Residential Properties. And so it kind of shrinks the potential for where a kennel could be. And similar to daycare centers, I think this is the next new demand that we've seen already come to our desk a few different times. And OP district is supposed to be a higher-end product, which to me would also be where higher-end employees of those higher-end facilities may want to also board their animals while they're at work. It also ends up being one of the hardest types of land uses to sell right now. And I don't know where we're headed with Office Park spaces, but it seems counterintuitive to try to limit Office Park uses when they're harder to sell at this point. So a few different things there: One, are we shrinking our potential areas for kennels too much? Is it more appropriate to switch it to a CUP or potential accessory use to something else? But those are my comments for the kennel.
[1:09:55] **Mayor Luke Hellier**: Okay. Other—can you remind me what section that was again?
[1:10:04] **Daryl Morey (Planning Staff)**: It's Section 69. So right now it is a conditional use permit in the OP district. And one thing I want to point out again is with these annual updates you have to rewind a little bit and look at the history. And a few years ago we allowed cat kennels only in the I1, I2, and OP districts. Those are the only three districts. We changed and added it to the C2 and C3 districts and as you recall—even though it's its own PUD—Council approved an animal kennel up in Timbercrest not too long ago that has a base zoning of C3. So there's an example of where a kennel was allowed by CUP in the C3 districts. So we went from three districts technically to five. If you take OP district out, it would be down to four districts. Those four districts are four of our largest districts in the city, especially C3 and I1, I2; those cover a big chunk of the city.
Now I will say—and Joshua you kind of led that direction—some of the changes that we're making to the ordinance before you this evening is for daycares to be allowed as an accessory use to a permitted use in the OP, I1, and I2 districts. If you wanted to make that consideration for animal kennels too, like you're saying—if it's somebody who is working in whatever that principal use is in the OP district and they had as part of that building an animal kennel, provided it met other performance standards—that would certainly be in line with the changes that we're asking the council to consider tonight for daycare in the OP, I1, and I2 districts.
[1:12:15] **Councilmember Joshua Lee**: I mean, I like the consistency there. I like keeping that door cracked open for just options. It maybe creates an incentive for companies to come in and develop in the OP district. You know, I think the OP district is on my mind a lot because I live right next to one and I just hear concerns about—in particular landowners whose areas are not selling. But it's also a changing market and I don't know how if this is going to be something that is going to need to change in our zoning in the first place down the road. So it may be also one of those things that's not a big deal, but I would prefer to at least keep the door cracked for potential development.
[1:13:20] **Mayor Luke Hellier**: I think one thing to also remember is that the next door tenants of these industrial places—even a commercial, it's more of an industrial facility—they're usually thicker walls or more industrial type uses. I don't think noise is as big of an issue. Same thing in commercial areas, there's more activity and not necessarily an expectation of quiet. I would say in the Office Park setting, that's not necessarily the case, and we know that these do have some noise issues surrounding them as well.
[1:14:04] **Councilmember Joshua Lee**: I just—I guess I mean I'm looking at what is offered now, and one is hotels. And I could see a hotel building in OP and having some sort of animal component. Would that be impacted? And there are other commercial zones that are down Cedar—I'm not sure how many of those commercial land uses are eligible for a kennel just because of how close they are to other residential developments.
[1:15:00] **Daryl Morey (Planning Staff)**: Well, and I might have brushed over this really quickly with round two of this year's updates. Because of the experience that we had in Timbercrest 10th edition with the Pet Suites project that was approved recently by the council, one of the changes that we're proposing is to change the setback requirement to a residential zoned or use property from 500 feet from the property line to 500 feet from the outdoor kennel, because that's the portion of the use that's going to have the most potential noise impact, not necessarily the building itself. So that would help with the issue that you described, because that would open it up a little bit; they could position it on the property such that the outdoor kennel is set back farther away even though the property line may be within 500 feet from a residential property. So that's a change we're proposing for round two.
[1:15:58] **Councilmember Joshua Lee**: Could could that change and this change come together in round two?
[1:16:00] **Daryl Morey (Planning Staff)**: Yes. If you guys want to pull this section too, just like the other section—and maybe your motion to refer it back to the Planning Commission because we already have the public hearing advertised—but if you refer it back to the Planning Commission, that would help and we can have this conversation with the Planning Commission on June 15th and then come forward with their recommendation at a meeting in July, later in July.
[1:16:30] **Mayor Luke Hellier**: So it's Section 7 and 69.
[1:16:35] **Councilmember John Bermel**: I move to approve an ordinance amending titles 10 and 11 of the city code and a summary ordinance for publication, removing item 7 and 69 and referring them back to Planning Commission.
[1:17:15] **Councilmember Joshua Lee**: Second.
[1:17:25] **Mayor Luke Hellier**: Any further discussion about the motion? If not, roll call please.
**City Clerk Ann Orlofsky**: Lee?
**Councilmember Joshua Lee**: Aye.
**City Clerk Ann Orlofsky**: Volk?
**Councilmember Michelle Volk**: Aye.
**City Clerk Ann Orlofsky**: Hellier?
**Mayor Luke Hellier**: Aye.
**City Clerk Ann Orlofsky**: Bermel?
**Councilmember John Bermel**: Aye.
**City Clerk Ann Orlofsky**: Wolter?
**Councilmember Dan Wolter**: Aye.
[1:17:40] **Mayor Luke Hellier**: Okay, thank you Mr. Morey. Now moving on to items nine and ten: unfinished and new business. Any unfinished or new business? Okay. Moving on to number eleven: announcements. Our next regular meeting will be Tuesday, June 20th. Here Monday is the Juneteenth holiday, so I believe City Hall is closed. We will not be able to—meeting will be moved to the following. Our next work session is June 26th at the water treatment facility off of 185th. And a reminder that the next regular scheduled after both those meetings, July 3rd, will be canceled and any issues that need to be addressed will be done at the work session of the week before. And with that, I will take a motion to adjourn in a closed session.
[1:18:40] **Councilmember John Bermel**: Mayor, I'll make a motion to adjourn to closed session to discuss the terms of the proposed purchase of the Alternative Learning Center ALC located at 20950 Holland Avenue percent to Minnesota statute 13D.05 subdivision 3D.
[1:19:20] **Councilmember Joshua Lee**: Second.
[1:19:22] **Mayor Luke Hellier**: All in favor say aye.
**Councilmembers**: Aye.
**Mayor Luke Hellier**: Opposed? We are adjourning in a closed session. Thank you.
[1:19:30] [Music]