Lakeville City Council Meeting 8-7-23

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[0:05] [Music] [0:16] [Music] [0:29] **Mayor Luke Hellier:** [Music] [Music] welcome to the August 7th city council meeting uh I've called a meeting to order if you join me for a moment of silence in the Pledge of Allegiance [1:10] **Mayor Luke Hellier:** pledge allegiance to the flag of the United States of America foreign [1:25] [Music] [1:32] **Councilmember Joshua Lee:** Joshua Lee here **Mayor Luke Hellier:** okay moving on to item number three citizens comments this is an opportunity for people here this evening to address the council for three minutes and if you happen to be here for an item on the agenda we typically allow for public interaction for agenda items but if you had you can raise your hand okay see now moving on uh item number four additional agenda information Mr Miller **Justin Miller (City Administrator):** nothing tonight mayor **Mayor Luke Hellier:** okay uh item number 5A Lakeville baseball association presentation of donation and we have our Parks and Rec director Mr. Hennen I think to kick this off **John Hennen (Parks & Recreation Director):** good evening Mayor and City Council thank you at the June work session the staff [2:19] **John Hennen (Parks & Recreation Director):** provided the mayor and city council with an update on the nine park projects that we're uh they're approved as part of the November 2021 Park Bond referendum and one of those projects was the construction of Avenue Park currently we're touching up the final plans Master plans for the the project and we're moving into the creation of the plans and specifications plans our plan is to go for bid in January of next year construct it all next year and open up a lot of the facility then in 2025 so at this time I'll just quickly highlight some of the amenities in the park that I shared with you at that work session on the west side you'll see 10 pickleball courts as you progress to the east you'll see five multi-purpose athletic decks for soccer lacrosse [3:04] **John Hennen (Parks & Recreation Director):** football and on the furthest to the east we're looking at putting in a cricket pitch in a cricket field on the North you'll see a future you'll see a future skate park and to the east of that a playground a splash pad and then a pavilion for restrooms an open shelter and as you recall the splash pad we have the lake the Lions donating five hundred thousand dollars towards that splash pad and then over here to the um just to the southeast is the challenge course the other amenity that's on the um on the plan is the baseball facility so when the park Bond Park Bond reference was approved Lakeville baseball association leaders reached out to staff and said hey when you're starting to design that facility we'd like to participate that because we [3:50] **John Hennen (Parks & Recreation Director):** might want to commit some dollars to take this facility to another level and some of the upgrades that um to be considered and that the LBA would like to see is a double or excuse me block dugouts with a metal roof versus just your standard chain link fence with the metal roof um a double batting cage which you can see right up here batter's eye out in center field integrated covered grandstand that would have your concessions seating for 350 to 40 350 to 400 people a little storage area a PA system a dedicated field maintenance garage which is just located just south of the double batting cage [4:36] **John Hennen (Parks & Recreation Director):** and then a single point entry as you enter the parking lot so also I'm going to share with you again a rendering of what this facility could look like so up on top you're looking at you know if you're walking from the parking lot you'll see the restrooms when you first walk in to the left would be your concession area and third base line to the right would be first Baseline the second rendering is if you're looking from like on pitcher's mound um along with the the bottom rendering so that gives you real good depiction of where we're heading tonight it'll be a commissioner Thane Hathaway is with us along with some LBA directors to share with mayor and Council Their donation commitment to this facility **Mayor Luke Hellier:** very good good evening welcome [5:25] **Thane Hathaway (LBA Commissioner):** thank you thank you mayor thank you Council council members um I have a check here I want to get to in a second but I do want to give you a little bit of background um and a little introduction to LBA I've been involved with the LBA since like 2004. okay and um and the commissioner I think for the last five years and um it you know so I'll give you some information that kind of gives you the scope of the program and what we do and then we'll talk about this program so first I do want to introduce uh the the board so the LBA board consists of 17. [5:56] **Thane Hathaway (LBA Commissioner):** um peer volunteers everything we do is volunteer and these people put in tremendous amounts of time uh to to promote baseball in Lakeville so myself the commissioner Finance director Bella Lipinski registration information director Sarah drazkowski operations director Jimena King who's here today uh player and Coach development director Zach Haiti Miracle League director Carrie Schmitz who's also here today house director um Sarah hegberg who's actually taking two roles as house director and Community League director she's here today scheduling director Mike orth North travel director Reid Schultz South travel director Mike brill s and Facilities director Ryan kriesel who's here today volunteer director Jen Bolson who's here today equipment uniforms director Jennifer frenzel who's [6:43] **Thane Hathaway (LBA Commissioner):** not here North senior youth director um Doug Stanton and then we have a South senior youth director and a fundraising director of the positions that are open right now um I say all that because it's we we run a program we want we actually run one of the largest Youth Baseball programs in the state here in Lakeville we're pretty proud of that we run programs that start with our we run baseball it starts with kindergarten in our rookie camp which had over 100 players in it our in-house t-ball for kindergarteners has almost 20 teams over 200 kids our in-house coach uh coach slash kid pitch was our first and second grade over 300 kids our travel program which is kids that are 9 10 11 12 13 14 15. [7:31] **Thane Hathaway (LBA Commissioner):** um close to 400 kids in in those programs uh Community League third through eighth over 200 players uh senior youth program these are 16 17 18. so we work with the high school programs and and try to get the kids who play high school baseball to play in our in our summer league program those are the legion programs Junior Legion and Senior Legion programs over 60 kids there north and south and then our Miracle League program for handicapped players who are disabled players who who want to play baseball over 100 kids there so it's a huge program over 1400 players total we manage throughout the year 280 coaches 2 000 game over 2 000 games hosted in the summer seven tournaments and League playoffs and a jamboree over 100 umpires [8:17] **Thane Hathaway (LBA Commissioner):** we started a program a few years ago to kind of to develop umpires again we now have close to 100 umpires in Lakeville alone um we play on 48 fields at two major facilities public facilities the or city facilities the king field and um uh and Quigley field plus a bunch of school district fields um hundreds of volunteers 1500 Burgers 2500 hot dogs thousands of fans um so we have worked with uh John I think I thought you were going to talk about some of the things that we've worked with in the past you had that on a I think your next slide okay um so there's a number of things that we've worked on with the city of Lakeville and specifically the parks program with or the parks department with John over the [9:03] **Thane Hathaway (LBA Commissioner):** years and including the lights at King and and a list that John I'll go over but um right there yeah I can't read all that um so concessions and uh and the restroom facility at Quigley um the shelter at Quigley Dugout construction the mini golf at King Park um The Miracle League field itself um kind of annual field reconstruction and maintenance projects the irrigation system at Quigley field um the lighting all the lights that are at King Park um the fence Toppers storage garages scoreboards batting cages all of that stuff so we've helped we've worked with the city to help get those facilities [9:49] **Thane Hathaway (LBA Commissioner):** built um as well as we help maintain those through the course of the year so we've had a very good working relationship with your parks department and with a city like Bill in general um and we want to continue that so when as John mentioned when we heard about this this field we're like hey we got some we got some things we want to do that referendum got passed which is awesome um but we want to do more right so we our our goal through this is to is to reinvigorate um kind of amateur adult baseball in Lakeville we do a great job with the youth but right now today our youth when they finish our programs play and they keep playing baseball they play somewhere else um so we want to turn this field into something that that I would actually like to see like the the gem like the [10:35] **Thane Hathaway (LBA Commissioner):** place to play adult amateur baseball in the South Metro cool um so with that we've got a uh we've got a donation so our board got together we well through some work with John um we uh the board started reviewing options and you know some of the improvements we could make and then we had our last board meeting we approved a donation to help try to make that happen um so I have you want to grab the other side of this I have a million dollar check that uh big check that yeah that represents uh AB lba's um commitment over 10 years to the the construction of the the improvements that we want to see at that avonlee field **Mayor Luke Hellier:** that's really exciting yeah [11:22] [Applause] **Mayor Luke Hellier:** go ahead obtain them back to you so maybe we can just come up here and take a little photo with everyone yeah that's almost done okay [11:47] **Mayor Luke Hellier:** don't cash again where's it [12:12] **Mayor Luke Hellier:** well that is uh awesome I mean I I'm really at a loss of words I wanna I just want on behalf of the community thank you for that contribution and in particular for all of the work and funds that you've committed to Lakeville parks in general over the past you know 20 plus years in you know King Park and others would not be the way they are without your commitment so we appreciate that anybody else want to yeah **Councilmember John Bermel:** yeah John I just want to say um years ago as a former LBA board member level director and coach aside from the money and I want to Echo what the mayor said just the commitment that you're all doing to make Lakeville really as high-class baseball environment is really appreciated because you are sacrificing a lot and [12:59] **Councilmember John Bermel:** doing a lot outside of your regular life and regular jobs and all that so greatly appreciated **Councilmember Joshua Lee:** Joshua yeah two things came to mind one is the commitment of the volunteers I mean my annual Zoom meeting with the reminder to be nice to referee or umpires and coaches uh is is sometimes needed for some of our parents but um the other thing though is the aspiration for this field I think is a really unifying vision for a Lakeville team that's one Lakeville and so I don't know I I'm really excited about what that means for Lakeville as a community not just baseball but just us as a community and fans watching baseball with an adult league in the future so thank thank you for this financial [13:46] **Councilmember Joshua Lee:** commitment I think it's going to be amazing just **Councilmember Michelle Volk:** oh yeah go ahead oh well so I'm not I I'm not a huge sports fan but the one thing that I always wanted to do is um go to a local baseball game an adult baseball game um and so I'm really looking forward to this I mean I've kind of read some articles on some of the um uh um how do I want to say out of Metro um baseball teams Etc and I know some of our students after they graduate high school have been playing for some of these other teams and they would love to be here in Lakeville and represent Lakeville so I am really looking forward [14:32] **Councilmember Michelle Volk:** to getting that hamburger or hot dog and looking forward to watching some adults play here in the city and seeing some tournaments that way besides our the only time I've seen the adults play is during piano Prague so I'd love to see him play anytime on that field and and I'm just so grateful for your huge commitment to turn it into something even more awesome so thank you thanks for being Visionaries appreciate it **Mayor Luke Hellier:** all right uh moving on to the exciting public work oh **Councilmember John Bermel:** John make one last comment is uh just uh Thane was actually our co-chair of the vote Yes committee too he has a lot of time on his hands I guess but but he's also are you [15:18] **Councilmember John Bermel:** commissioner on football as well yes so Thane does a lot I just want to mention thank you **Mayor Luke Hellier:** yeah thank you thank you very much um okay the exciting Public Works quarterly report Mr. Oehme so he has I'm sure he's going to spend money today and not give us money sorry I don't have a check **Paul Oehme (Public Works Director):** yeah yeah that's okay [15:55] **Paul Oehme (Public Works Director):** great evening mayor City Council Members this is the second quarter report for Public Works I'd like to start off by uh just updating the console on a couple of Coney projects that we're working on the 179th Street project from Haze over to Cedar Avenue that project is on schedule now um and uh the contractor is working on this segment from Hayes over to um or the the Easter or the Western section from Hayes or um the work ties into 179th Street and putting in storm sewer right now and some other utilities um and uh the traffic detour that's currently in place that'll be out there until end of August now we think [16:42] **Paul Oehme (Public Works Director):** um but the project is again on schedule and we're anticipating the project to be fully complete or and open by October 11th the 185th Street project is also going well we have really had good weather this summer for these projects to be on schedule or ahead of schedule that contractor has just last week paved the roundabout at Highview Avenue and 185th Street so this photo's looking West down to uh down to Dad so and you can see the new school here that's being constructed the roundabout will be open prior to or or on September 1st that's the schedule and the rest of 185th Street will be completed by uh [17:28] **Paul Oehme (Public Works Director):** mid-october the county is also planning on a Mill and overlay project of Kenwood Trail from I-35 over to about 150th Street in Burnsville this is again Millen overlay project Kirby gutter is going to be replaced a little bit there'll be some traffic control that's out there and then some sidewalk and some trail improvements as well that will take place project is anticipated to start on September 5th the 100 205th Street project that project is going fairly well too the roundabout at antlers Park the new access to Antlers Park is was paved last week so you can see that the carbon Gutter and looking over to Lake Marion right now the work on 205th Street their [18:15] **Paul Oehme (Public Works Director):** contractor is working on the trail improvements at this time and they're in delayed a little bit with moving some small utilities around but hopefully by the end of this week they'll be back at it project is anticipated to be completed 205th review opened by September 1st the street rehab rehabilitation project for this year the mill and overlay project that we've been working on that project is substantially completed we've paved our last streets last week in that project and that was a good successful project we were under budget on that project the street surfacing resurface our street um surface seal project we'll be starting up in August mid-august this year we have identified 29 streets that should [19:02] **Paul Oehme (Public Works Director):** be surface sealed in residential streets this is a sealer that penetrates the asphalt seals the seals the road and tries to extend the life of the Pavements the trail Gap project this is a project that was funded through the park referendum this project about is about 75 percent complete um three of the four project areas that's shown on the map here substantially complete or have restoration going uh work going on them the ipava Highview Avenue Trail segment that's still under construction there's some utilities that have to be moved there but we're anticipating that project to be completed in a September [19:49] **Paul Oehme (Public Works Director):** moving on to the streets division uh the streets is a busy working on tree removals yet this summer we've got some we saw some pothole patching to go on planning for the summer and that's street signs replacement program is still underway we did help out with panaprog this this summer and um storm sewer improvements are ongoing as well and we do um do we're still mowing our dishes even though it has been dry out moving on to utility division we are seeing uptick in water use for this year's because of the the drier summer that we're having so for the second quarter we produce a little over 850 million gallons of water it's a daily [20:34] **Paul Oehme (Public Works Director):** average about 9.3 million gallons repainting of the Stephen Shad water tower is underway the contractor did start removing the or surfing off the old paint of the tower last week and hopefully we'll have that project completed by October 1st and then environmental resources Middle Creek restoration project it'll be the last phase of this restoration project will be kicking off in August this is a partnership with Vermilion River Watershed we did receive a grant of 360 000 for the restoration of this channel this is this [21:21] **Paul Oehme (Public Works Director):** Crete does contribute into the Vermilion impaired rivers or or trying to do as much as we can Upstream to try to improve the water quality before it reaches the river there's about 300 or 3 400 liters foot of embankment that will be restored under this project um we are also working on water conservation programs and we did receive almost uh 23 000 from the Met Council for water conservation improvements so we've used that money to partner with HOAs throughout the community for Audits and um helping them cost share with smart controllers as well to try to reduce the amount of irrigation that they're using [22:06] **Paul Oehme (Public Works Director):** in their in their Turf we also did some irrigation audits with the police the police department facility of city hall and then water treatment as well Lake treatment took place this summer I'll just wrap that up about 16.5 Acres of Lake Marion treated for curry Leaf Pond weed this year we are actually seeing an improvement with water quality in that Lake because of the amount of zebra mussels that we're seeing so there is a little bit more vegetation that we're seeing in that Lake over at Orchard Lake we didn't treat that Lake this year because that Lake did not warrant any any treatment or seeing some good water quality improvements at that Lake and [22:52] **Paul Oehme (Public Works Director):** then Valley Lake Park is showing increase in plant life to from and we contribute that to some of the improvements that we've made over the years to try to improve the water quality at Valley Lake as well so we're actually looking at we're talking to the DNR and see if we can enhance the Fisheries at uh uh Valley league in the future as well because of the improvements that we're making for ms4 permit is just an update on that we did inspect over 725 of our storm sewer sumps this year we've got about 181 some structures to clean out yet and then our staff did inspect 153 construction sites throughout the community making sure that the erosion control is in place and working properly and we did send staff [23:39] **Paul Oehme (Public Works Director):** again this year to annual salt uh smart cell training um just so they have had the best knowledge information technology um to try to reduce the amount of salt usage that we have in the community during the winter months moving on to the forestry division um we are the city has seen uptick in the EAB infestation throughout the community so we're generally infested throughout the community now so we're seeing a lot of decline in um and treat morbidity uh basically a thrilled the community now so Forestry Department did do some windshield inspection on private properties and identified uh several residents Residential Properties that had infested tree trees and were [24:28] **Paul Oehme (Public Works Director):** working with those properties on removing those trees so we there's through that program through that inspection we've 261 trees have already been removed 11 Property Owners had took it upon themselves to inject and try to treat the trees to try to save them and the property owners were talking to about special assessments to help try to help them pay or help them Finance on the removal of their ash trees on on their private property um for EAB and treatment again this year we treated about 900 trees throughout the community within parks and right of ways that we would like to save we also offer that program through residents and [25:14] **Paul Oehme (Public Works Director):** about the same amount of trees that the city and treats uh residents have taken up upon themselves to to treat their own trees through this partnership we are we did have we did send out postcards for old quilt this year we're seeing an optic and stressing out of the oak trees Well Community with the drier weather or having in potentially old will so we're going out and inspecting private oak trees and seeing if there's some issues out there that we can work with the property owners and try to address that he did receive two grants from the DNR last year to help with the EAB infestation so using that money for removal of trees in our parks and our [26:00] **Paul Oehme (Public Works Director):** right of ways we planted 600 or 65 trees in Valley Lake Park cherryview Park Illinois Boulevard as well this year we removed 101 trees within our natural areas and we planted the same amount this summer and we actually did get some favorable builds this year for the removals and planting so we've got some money left through these grants we're going to go out again for remove additional trees this winter and replanting this this fall and spring as well with that same money and that's the update I have for public works **Mayor Luke Hellier:** all right thank you Mr. Oehme any questions comments yeah Michelle [26:42] **Councilmember Michelle Volk:** whoops what's kind of a comment and a little bit of a question um so it was a learning thing for me to realize that we didn't just we don't just paint the outside of a water um power that we actually go inside and paint it on the inside what happens on the inside I mean what kind of paint is in there and then what happens over the years **Paul Oehme (Public Works Director):** so it's a it's a the high Epoxy paint so it's a really strong um durable paint that's in there there's I think there's like three or four layers of paint that we really put on there so there's a base course like a primer course and there's like two other different um courses of paint that we put on there it's a it's built up so it's a very thick layer of paint but that's paint is [27:34] **Paul Oehme (Public Works Director):** necessary in the interior to make sure that the water inside the top the tank does not grow with the steel of the tank itself so that's it's necessary for just longevity of the uh of the of the tower as well so we do inside and outside but uh it's you know we try to get about 20 to 25 years worth of Life of that hand oh on the inside too **Councilmember Michelle Volk:** and then I guess I thought it was to prevent some sort of bacteria but I could be wrong on that um I was when I was reading the um the specs maybe for when we approved I'm having that **Paul Oehme (Public Works Director):** sure um so yeah it is an inhibitor it doesn't it's not it's not the paint is not there for [28:20] **Paul Oehme (Public Works Director):** um bacteria or viruses or anything but it doesn't kill that but it's just it's more for a preventative so **Councilmember Michelle Volk:** thank you **Mayor Luke Hellier:** any questions all right moving on to the liquor department mid-year Report with our operations director Tana Wold good evening **Tana Wold (Liquor Operations Director):** good evening mayor and council members [29:02] **Tana Wold (Liquor Operations Director):** um [29:30] **Tana Wold (Liquor Operations Director):** there we go um thank you for giving me the opportunity tonight tonight we have the mid-year report for the liquor department so bills um from January to June sales have increased by five percent over 22 sales um they've totaled 10 and a half million dollars and we are over our adoptive budget by about five percent our customer accounts are up and our sales per customers have increased as well The Emporium room um through June 31st we have made use of the Emporium room for 50 of the available usage ours this is a combination of rentals and our promotional events as you can see the first six months we had 76 private [30:16] **Tana Wold (Liquor Operations Director):** rentals and we had 26 promotional events for our customers on the right you'll see the chart there that is all of the promotional events that we held and you can see that we exceeded sales by almost 70 70 000 over our average sales so they are a benefit e-commerce so e-commerce started out a little bit slow this year a little slower than we expected we recently introduced our phone app and we're focusing our marketing strategy on promoting our app and we have definitely seen an increase in usage in the last couple weeks with an increase in traffic with our app so we're really excited about that um Partnerships in March we had annual [31:04] **Tana Wold (Liquor Operations Director):** fundraiser for the area food shelves and we raised almost thirty thousand dollars for our food shelves they also donated over 300 pounds of food and then July we just completed our July fundraiser for the Lakeville Police Department which brought in over thirty thousand dollars and that's going to be for the purchase of an advanced thermal imaging camera we also partnered with the Lakeville Public Safety foundation and the Chamber of Commerce for their annual fundraisers and we also partnered with the Lakeville Lions Club for piano prog for beers brought some Bingo and the craft review so accomplishments we finally completed our kenrec remodel we added some [31:51] **Tana Wold (Liquor Operations Director):** shelving a reach in cooler aisle signs we updated signage above the beer cooler and we also added a community wall similar to the Keokuk mural we also added a similar Community wall to the Galaxy location and then Heritage will be next so all of us will have a nice Community wall in each of the stores um accomplishments we were awarded the top 100 retailer in the United States by beverage Dynamics magazine again there's our nice trophy um this award recognizes retailers across the country that demonstrate Innovation excellent customer service and Superior Beverage alcohol industry knowledge and I was lucky enough to attend the national retailers conference in St Louis this year to accept the award in person cool [32:38] **Tana Wold (Liquor Operations Director):** um we also certified 13 full-time staff members with the wsct level one award and wine this brings us another level of knowledge to improve our customer service and three employees left to certify that will be done in September and then all of our full-time staff will be certified more accomplishments Jesse Rogers our Spirits Specialists traveled to Los Angeles to take her level 3 WSET in spirits exam she also traveled to Kentucky to choose some exclusive bourbon barrels that will be exclusive to Lakeville we're really excited about these the picture on the right there is our Barrel actually at Knob Creek in Kentucky and we have a Four Roses Barrel which is tough to get so we're really excited about that too [33:29] **Tana Wold (Liquor Operations Director):** accomplishments we had some new hires so we promoted internally Pat Randall to the assistant manager at Galaxy we also internally promoted Lynn tolstad to the assistant manager at Keokuk and we hired an external candidate Heather Steiger mailing for an assistant manager at Kenrick full-time blood upcoming events we have taste of Lakeville coming up quickly on August 17th and then in November we'll be doing our annual fundraiser benefiting the Lakeville yellow Rubin program and we have lots of promotional events happening in the Emporium room we have Battle of the breweries Championship coming up we have Minnesota made showcase the brew club tastings coming up we're having the Halloween pet adoption again this year and holiday [34:17] **Tana Wold (Liquor Operations Director):** merriment market and we have another wine club Tyson coming up so busy in there I now stand for questions **Mayor Luke Hellier:** questions comments congratulations on the award again yes awesome thank you for the update appreciate it all right moving on to item number six the consent agenda any items you wanted to highlight Mr Miller **Justin Miller (City Administrator):** thank you Mayor and Council just a few um recognitions of the donations that were already recognized tonight uh 6E um is a formal acceptance of their res of this donations from our customers at Lakeville Liquors um and that's again 30 000 it's going to go toward the police department and their thermal cameras in item 6f is donations to the park and recreation department which includes the [35:04] **Justin Miller (City Administrator):** a hundred thousand dollars the first installment from Lakeville baseball association toward their million dollar pledge and then item 6 in is another donation to the police department this comes from the center point energy program that we apply for annually go to toward Public Safety uh features and this is twenty five hundred dollars that's going to go toward a drone program and then one more item 6j is a revision to our hunting map and ordinance this is something that we look at annually as new development comes online we are amending the map but we also are amending the distance that you need to be away from a structure to to legally bow hunt in the city it was 200 feet and we were recommending that go to 300 feet **Mayor Luke Hellier:** okay any items for Council discussion **Mayor Luke Hellier:** seeing none I'll take a motion to approve the consent agenda **Councilmember Dan Wolter:** I'll make a motion to approve the consent agenda **Councilmember John Bermel:** is there a second **Mayor Luke Hellier:** any further discussion I can send agenda okay if not all those in favor say aye **Councilmembers:** aye **Mayor Luke Hellier:** opposed all right consent agenda is passed moving on to item seven ordinance amending city code concerning the public use of cannabis and hemp I think Mr Miller is teeing up this issue for us **Justin Miller (City Administrator):** I will take this Mr Mayor thank you mayor council um the council did review this at your work session uh last week as many people know the Minnesota legislative legislature this year did legalize the use and sale of cannabis and while the sale of these products will not become legal until January of [36:36] **Justin Miller (City Administrator):** 2025 the consumption and and use largely became legal on August 1st and the state legislation did prohibit the use of these products in certain areas but did leave it allowed or did leave cities with some discretion about prohibiting those use on public locations and so the ordinance before you tonight would prohibit the smoking of cannabis in hemp in public places uh Parks streets sidewalks namely this ordinance is um mostly the same that you've reviewed during your work session with the two exceptions one the references to edible products was removed as directed by the council and then after further review with the city or with the city attorney we did include definitions of hemp just to align with State Statute and so I'd [37:22] **Justin Miller (City Administrator):** be happy to answer any questions **Mayor Luke Hellier:** okay very good any discussion on the ordinance in front of us that's from Council [37:37] **Councilmember Joshua Lee:** um sure yeah Cosmic relief uh well after our work session last week I mean I just trying to figure out um or continue to consider what we're approving or what we're trying to prevent and balancing the The Balancing Act that comes with that between personal freedoms and and what we should be as a government controlling and and what are we trying to prevent for the sake of the community and I see these two actions in in different ways and so um I just wanted to reiterate my my support for the park um ordinance is different because of the primary use of that space for kids and I [38:27] **Councilmember Joshua Lee:** just I don't think that it's an appropriate place for drugs to be of any sort and so that I I plan to support that and I think we we moved to move that to a no smoking at all because some of the complications with trying to enforce a policy based on any kind of smoking or a particular type of smoking I think would be very challenging the other one um I'm not convinced that there's there's a going to be an issue at this point and I'm not comfortable with moving forward on an ordinance that prevents completely on public spaces the use of uh cannabis [39:14] **Councilmember Joshua Lee:** at this point and I I don't know I as I continue to think about it I would be more comfortable I think with a a change to the public nuisance policy as a as a way to support or allow our public an option to assist if there was a problem either with a neighbor or or something happening on public streets as opposed to an all-out ban on public spaces I know we did not necessarily go into that as an option last time we talked about this but as I continue to to think about it I I would be more comfortable moving in that direction than an all-out band but I'm not sure if others had a change of mind or considered it further from our last discussion but that's kind of where I landed since our our work [40:01] **Councilmember Joshua Lee:** session **Mayor Luke Hellier:** okay conversation comments Michelle **Councilmember Michelle Volk:** um the only thing that I Joshua does such a great job of articulating things um and you know so much so I'll do my best but um I find it to be a little restrictive in the fact that it's like we're anticipating a problem before it's a problem and so I'm and I mentioned this at our work session but I'll I'll just mention it here publicly that I'd like to take this more in baby steps only because it seems like every time we turn around every week There's Something different changed and I'm I'm not I wouldn't be surprised if you know that [40:48] **Councilmember Michelle Volk:** there's going to be some tweaks legislatively coming out of the next session maybe on this because they kind of left us all all of this open-ended um and um so at this point I was hoping that we could just kind of tailor it back a bit I mean I I have received just a few emails and a few comments from the public but they were they're very confused on they think that there won't be any smoking of anything on the sidewalk so they're very confused about the two ordinances that we're going to have in front of us tonight and how those are interacting um and I'm perfectly comfortable not having [41:34] **Councilmember Michelle Volk:** um smoking in the park park and we'll talk about the other issue when we get to the ordinance but of anything with cannabis or cigarettes in the actual shelters and you know on the park grounds Etc so um I guess I was just hoping that maybe I'm sure probably not but you know I'll probably I'll be voting against this only because I would just really like to see us take this a little bit slower and not be overreactive even though um it's always good to be proactive but I'm just wondering if we're anticipating a problem that probably won't in my mind come to fruition so **Mayor Luke Hellier:** okay another comments **Councilmember John Bermel:** um yeah I thought about it a lot uh over the time too and I I still sit in the same place um I think there's evidence from other places that have legalized marijuana that unless there's some kind of regulation put around how this is used in public it can have a really detrimental effect on a community and I think there's evidence of that um so I think in terms of what's the problem we're trying to solve I think it's more preventive than anything else um I don't want to appear to be obstructive it's like this is legal people are going [43:06] **Councilmember John Bermel:** to use it whether you do or whether you don't uh really really isn't something that that I'm concerned with but I am concerned about maintaining a community and the character of our community uh that will allow us to continue to have a vibrant downtown continue to have vibrant parks and vibrant places everywhere the thing about Lakeville at the stage we're in uh with the type of demographic we have children are ubiquitous they're everywhere they're it's they're not just they're everywhere and um for me as I'm thinking of a family and if you want to bring your family someplace and not um not have to smell the marijuana I I [43:52] **Councilmember John Bermel:** can certainly support that for our community **Mayor Luke Hellier:** okay any other comments yep councilmember Wolter **Councilmember Dan Wolter:** thank you Mr Mayor um I think it's important to to note that we're not relitigating the decision at the legislature to um to legalize recreational marijuana we're dealing with the cards the hand that we're dealt here um with that said I would be remiss if I didn't point out I think the the state law is Clumsy I think it was done in a non-transparent way I think it changes every week what we think we can do and can't do it seems to be you get different stories from different authors of the various bills um so I I'm not pleased with that um but I I think the um slice of local [44:38] **Councilmember Dan Wolter:** control that was given uh in in this bill I think um gives us the prerogative to do this and um I'm I'm where I was at the work session as well I think um this is absolutely a step that we have to take uh for the character of the community I I felt strongly then and then going a National Night Out my firm firm belief is is firmer after seeing all of the the the number of kids in in the community and I just uh I think this is a safety precaution that we need to take at this point um and so I'll be voting yes **Mayor Luke Hellier:** okay I'll just say you know for me um and I'll just reiterate some of my comments I made in the work session but you know I think this really allows us similar to last year when we had the licensing for the low potency it puts a framework in place [45:25] **Mayor Luke Hellier:** related to education and compliance and I think that's really important to have the tool if you will that if there's a situation that um you know it gets out of hand and somebody's smoking in public we have the ability to tell them hey you know what that's it's in our ordinances so that's kind of the direction I'm going and I think that uh our law enforcement partners are uh feel the same and not going to speak for them but I think that that uh certainly is the direction that would work for the city so I will take a motion now and we can obviously have discussion after that as well **Councilmember Dan Wolter:** before making a motion I just something I forgot to mention um I want to compliment you in the last couple of weeks for um becoming I think the foremost experts on what this bill means for cities uh in [46:11] **Councilmember Dan Wolter:** our in our local media sphere I learned a lot listening to um listening to that so um I let's I will Mr Mayor move to approve an ordinance I'm ending title five chapter two of the Lakeville city code concerning the public use of cannabis and Hep **Mayor Luke Hellier:** okay in a second **Councilmember John Bermel:** second **Mayor Luke Hellier:** okay any further discussion on just the Cannabis portion there's a separate smoking portion for parks okay roll call please **Mayor Luke Hellier:** Hellier - aye. Bermel - aye. Volk - no. Wolter - aye. Lee - no. **Mayor Luke Hellier:** okay the motion prevails we'll move on now to item number eight uh amending the city code concerning smoking in city parks and again I'll let Mr Miller chew this up **Justin Miller (City Administrator):** thank you Mayor and Council this [46:56] **Justin Miller (City Administrator):** ordinance is also uh reviewed at your work session last week our current ordinances did not relate or did not address smoking tobacco in Parks much less cannabis or anything else some cities have in the past some cities haven't but when this issue of cannabis came to um the Forefront I think the council decided it was best to look at these both at the same time so we brought two ordinances before you this text simply um or prohibits smoking in general in city parks and the definition of smoking does include both nicotine cannabis hemp and other plants and it also talks about electronic delivery device or vaping so um um I'd be happy to answer any questions **Mayor Luke Hellier:** okay thank you Mr Miller any questions [47:43] **Mayor Luke Hellier:** or comments related to this portion of the ordinances councilmember Volk **Councilmember Michelle Volk:** um just a comment um to for the public as to why I am voting no on this um and that is only because I feel like that the parking lot um smoking in your own car in the parking lot of a park should be allowed as if it's a designated smoking area um I feel as though um we're restricting the freedom from people to be able to um I know that there's very few more people that actually smoke cigarettes these days but [48:31] **Councilmember Michelle Volk:** and this is just for on the tobacco so um because it's already illegal to smoke in your car from the state legislature with cannabis but for the tobacco it is not illegal to smoke in your car and so I find that while I'm in favor of not having it in the actual park around the kids Etc I just find it to be um I feel like we're punishing people for their um what some people would consider you know not a good habit so um that is the reason that I'll be [49:17] **Councilmember Michelle Volk:** voting no on this only because of the fact that it's restrictive in the as far as your personal property goes **Mayor Luke Hellier:** another comments okay I do struggle with that I mean I I've on the inside of Motor Vehicles um you know and then I just I I think about interacting with somebody or there's some sort of complaint because you're inside your car with the window's down and it's like you know where do you draw the line so I you know anyway so I do appreciate that but um if not I'll take a motion to approve the ordinance **Councilmember Joshua Lee:** Joshua move to a proven ordinance amending title seven chapter one of the Lakeville [50:02] **Councilmember Joshua Lee:** city code concerning smoking in city parks **Mayor Luke Hellier:** is there a second **Councilmember John Bermel:** second **Mayor Luke Hellier:** okay second any further discussion on the ordinance okay I'll take roll call please **Mayor Luke Hellier:** Hellier - aye. Bermel - aye. Volk - no. Wolter - aye. Lee - aye. **Mayor Luke Hellier:** okay and the motion prevails moving on to items nine and ten unfinished a new business Council discussion anything anybody needed to okay um our next uh two announcements uh well so let me just enter so uh Taste of Lakeville is before our next meeting so I'll just put a plug in for Taste of Lakeville on August 17th um so visit visit is it taste of lakeville.com com uh to buy tickets and to learn more information about that [50:48] **Mayor Luke Hellier:** event our next regular city council meeting is August 21st here at City Hall our next worst session is August 28th at public works on the corner of 185th and ipaba and with that I will take a motion to adjourn **Councilmember John Bermel:** motion to adjourn **Mayor Luke Hellier:** all is in favor say aye **Councilmembers:** aye **Mayor Luke Hellier:** opposed modern [51:39] [Music]