Lakeville City Council meeting 9-16-24
00:00 Start
1:45 Citizen Comments
5:35 5a. Proclamation for Lakeville Olympians
7:46 5b. Proclamation for Manufacturing month
10:49 6. Consent Agenda
17:50 7a. Ordinance Amending Title 3, Chapter 24 and Title 11 of the City Code and Summary Ordinances for publication.
26:51 7b. Lord of Life Church Comprehensive Plan Amendment
[0:00] [Music]
[0:55] **Mayor Luke Hellier:** Good evening and welcome to the September 16th City Council meeting. If you join me for a moment of silence in the Pledge of Allegiance.
[1:16] **All:** I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.
[1:35] **Mayor Luke Hellier:** Okay, Ms. Orlofsky, roll call please.
[1:39] **City Clerk Ann Orlofsky:** 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.
[1:49] **Mayor Luke Hellier:** Moving on to item number three, citizens' comments. This is an opportunity for those in the audience to talk to the Council for up to three minutes, so just come on up and state your name and address for the record.
[2:01] **Howard Schneider:** Uh, good afternoon Mayor Hellier and Councilmembers. Uh, my name is Howard Schneider. I live on Jersey Avenue. Uh, though I think you all know I—I'm here, so if there's anyone listening, uh, what I'd like to do is, uh, remind and invite all of you, uh, personally, uh, to participate in the 16th annual community bike ride. These days, uh, I think it's no news to anybody we're living in kind of a difficult, challenging, uh, worrying, divisive time. But what we do in this bike ride is we reach across the aisle—well, really what I should say for the bike ride is we reach across the trail. And, uh, I know some of you have participated in the past. I'm sorry to hear that you're still recovering—I am too. Bones... yeah, I'm still recovering and I'll be around just to help out. Uh, uh, just a couple of things to add about the, uh, ride this year: the 18-and-a-half mile bike ride will include more miles of trail than we've included before. We have a lot of new trails, so we'll be including that. And get this: we will be including three tunnels during the bike ride for the longer trail. How's that? And, uh, for the family and kids ride, uh, again, uh, those riders will ride along Lake Marion and back at Pioneer Park. When they're done, there'll be a scavenger hunt and of course the coloring pages, uh, for kids to work on if they so choose. Um, so looking to this coming Saturday, what do we know? Uh, seems there's a chance of rain, but we have never been rained out. So, uh, I'm—I'm confident that, uh, we will do, uh, uh, conduct the bike ride as planned, even if there are a few drizzles, uh, at the start. Uh, number of people... I'm not going to get into issues of crowd size—that's a joke—uh, but we have I think nearly 30 riders signed up already, so that's a pretty good start. So, um, I expect that, excuse me, uh, we'll have another successful bike ride. And here's a flyer—part of my show and tell, uh, uh, for this very brief presentation. Do you have any questions?
[4:52] **Mayor Luke Hellier:** Time and location that everyone's meeting?
[4:54] **Howard Schneider:** Oh sure, yeah, yeah. We meet at 9:00, usually take off, uh, by 9:30. We gather at Pioneer Park right here in downtown. And it's a busy weekend—after the bike, people can buy books, uh, used books for very cheap prices at our Heritage Library, uh, participate in the art fair, and also pick up some fresh items at the farmers market.
[5:08] **Mayor Luke Hellier:** Very good. Any questions? No. Thank you Howard, appreciate it.
[5:12] **Howard Schneider:** Thanks so much.
[5:23] **Mayor Luke Hellier:** Is there any other citizens' comments? Okay, seeing none, moving on to item number four, additional agenda information. Mr. Miller?
[5:28] **City Administrator Justin Miller:** Nothing tonight, Mayor.
[5:30] **Mayor Luke Hellier:** Okay. Um, item number five, presentations and introductions. We have two proclamations this evening. The first is a proclamation for Lakeville Olympians, and I'll turn it over to Councilmember Lee to read the proclamation.
[5:44] **Councilmember Joshua Lee:** City of Lakeville Proclamation: 2024 Lakeville Olympians. Whereas, the Olympic and Paralympic movements have contributed to a more peaceful and better world by promoting education through amateur athletics, uniting athletes from numerous countries in friendly competition, and fostering relationships founded on friendship, solidarity, and fair play; and whereas, the City of Lakeville proudly promotes sports, amateur athletic activities, and supports Olympic and Paralympic athletes; and whereas, Regan Smith, Ian Seidenfeld, and Josh Cinnamo, residents of the City of Lakeville, proudly represented our community in the 2024 Paris Olympics and Paralympics; and whereas, Regan Smith brought home Olympic gold in the mixed 4x100 meter medley relay, gold in the women's 4x100 meter medley relay, silver in the women's 100 meter backstroke, silver in the women's 200 meter backstroke, and silver in the women's 200 butterfly in swimming; and whereas, Ian Seidenfeld earned a Paralympic bronze medal in men's single class 6 table tennis; and whereas, Josh Cinnamo represented Team USA in the Paralympic shot put in 2024 and previously earned a bronze medal in 2020; and whereas, the 75,200 businesses of the City of Lakeville express immense pride in these athletes' inspiring achievements and commend their dedication, passion, and perseverance in representing their city, state, and country; now therefore, uh, Mr. Luke Hellier, Mayor of the City of Lakeville, on behalf of the City Council, hereby commend the outstanding achievements of Regan Smith, Ian Seidenfeld, and Josh Cinnamo. We express our deepest appreciation for their hard work and congratulate them on their remarkable accomplishments. Proclaimed this 16th day of September, 2024.
[7:23] **Mayor Luke Hellier:** Great. Thank you, Councilmember Lee. Then moving on to our next Proclamation, um, it's for Manufacturing Month. And Ms. Goodroad, did you have anything to add? Okay, you do. Very good.
[7:59] **Community Development Director Tina Goodroad:** Good evening, Mayor, members of the Council. Uh, Proclamation has been prepared to be read tonight for, um, to designate October as Manufacturing Month. Manufacturing-related businesses are one of the largest sectors of employment in Lakeville and account for over 300 businesses and over 5,500 jobs. On October 2nd, we will be celebrating our manufacturers at our annual manufacturing appreciation event, and this year we are bringing in a special speaker, Gary Hefner, president of Personal Dynamics Consulting, who will provide, uh, a really interactive discussion on recruiting and retention of employees. And that's all I have.
[8:39] **Mayor Luke Hellier:** Very good. And I'll have Councilmember Bermel read the proclamation.
[8:46] **Councilmember John Bermel:** Thank you. City of Lakeville Proclamation: 2024 Manufacturing Month. Whereas, manufacturing is a dynamic and robust industry crucial to the health and strength of Minnesota's diverse economy; and whereas, the manufacturing industry contributed $57.2 billion to Minnesota's economy in 2023, representing a 12% contribution to the state's gross domestic product; and whereas, manufactured exports brought $22.5 billion into the Minnesota economy in 2023; and whereas, workers took home $25.7 billion in wages from Minnesota manufacturing jobs in 2023, the second largest total payroll among private sector industries; and whereas, manufacturing in Minnesota pays an average annual wage of $77,900, which is 10% higher than the state's overall average private sector wage; and whereas, manufacturing provides 325,000 highly skilled, well-paying jobs which significantly contribute to Minnesota's high standard of living and economic vitality; and whereas, Minnesota added about 2,000 net new manufacturing jobs over the year from 2022 to 2023; and whereas, manufacturing and related businesses are one of the largest employment sectors in Lakeville and account for over 300 businesses in over 5,500 jobs in our community; now therefore, the Lakeville City Council does hereby proclaim that the month of October shall be observed as Manufacturing Month in the City of Lakeville. Proclaimed the 16th day of September, 2024.
[10:44] **Mayor Luke Hellier:** Very good. Thank you.
[10:47] **Mayor Luke Hellier:** Okay, moving on to item six, our consent agenda. Oh, excuse me—yes, uh, Mr. Miller, any items you wanted to highlight?
[10:55] **City Administrator Justin Miller:** Thank you, Mayor and Council. Just a few items. H and I are both recommendations from the Arenas Board. Item H is an extended warranty agreement for the completion of the new outdoor ice sheet, um, that was the result of some issues that we ran into last year, um, and those have been rectified. And then item I is a naming rights agreement with Allina Health Services. They have agreed to contribute $100,000 over 10 years for the naming rights for the outdoor pavilion, and we're very, uh, thankful for that. And then item 6L is a contract for the remodel of Fire Station Number One. This will be similar to the remodel we did at Station Number Four for some short-term improvements to house, um, our firefighters. Full-time firefighters will be starting next year.
[11:34] **Mayor Luke Hellier:** Okay, very good. Thank you. Um, Council, any item for further discussion? Or Councilmember Wolter?
[11:45] **Councilmember Dan Wolter:** Um, could we pull item 6E?
[11:47] **Mayor Luke Hellier:** 6E. Okay. Any others? Okay, can—with that, I—I will take a motion to approve the consent agenda except for item E.
[11:57] **Councilmember Joshua Lee:** So moved.
[11:58] **Councilmember John Bermel:** Second.
[11:59] **Mayor Luke Hellier:** There's a second. Any discussion about the consent agenda? Okay, all those in favor say "aye."
[12:05] **City Council:** Aye.
[12:06] **Mayor Luke Hellier:** Opposed? Okay. The consent agenda passes except for item 6E, which is the ordinance establishing term limits for City boards and commissions. So we'll take that up now. And Councilmember Wolter, you wanted to start with any discussion on that?
[12:21] **Councilmember Dan Wolter:** Yeah, so, um, thank you, Mr. Mayor. Um, I just thought we should have further discussion about this. Um, we discussed it at a work session and it would put term limits on, um, boards and commissions of two consecutive three-year terms, uh, for, uh, all except Planning Commission, which would be three consecutive terms, um, and then has some other additional stipulations. I just thought we should have more, um, additional discussion on this, and I was apprehensive about it—I know at the work session, um, I—I still am, um, am concerned about it. I think, um, in my view, we have the ability as the Council to choose, um, uh, whether or not to reappoint someone, and and that—that ultimately is to me as the term limits, um, for it. And after talking with a number of, um, members of—of people who serve our boards and commissions, I think there's some concern there as well.
[13:06] **Mayor Luke Hellier:** So you'd say no change?
[13:07] **Councilmember Dan Wolter:** I—I—I would just vote against it, yeah.
[13:08] **Mayor Luke Hellier:** Okay. Any other comments about it? Yep, Michelle.
[13:11] **Councilmember Michelle Volk:** Actually, I was going to pull it and, um, and vote against it for, um, the—the reason that it really is up to the Council. Um, we do interview everybody that wants to either reapply or apply, um, and it's really, um, up to us and future Councils to make some of those tough decisions. And this would... I just don't believe in term limits anyway. I think that, um, things work out the way that they're supposed to—and I know that's a little utopian—but, um, it's kind of like having a potluck and all the items just come and you don't have all potato salad, but, um, it all works out. And I really think that it's the responsibility of a City Council to make those, um, appointments and hard decisions, and this would lessen the hard decision.
[14:14] **Mayor Luke Hellier:** Okay. Is there any other Councilmember?
[14:15] **Councilmember Joshua Lee:** Yeah, I was actually going to pull it too. Um, just the—in reading through this, I mean, we—we talked about this at the work session, and what we have here is what we did talk about at the work session. Um, but as you read through it a second time and you start looking at a couple things... um, I'm not clear with the—uh, what we have here and—and when it actually starts. Like, it says "effective immediately," and I'm not clear on whether that means with the current appointments and the previous history, or it starts today and somebody that was just appointed this year to the Council begins—or not the Council, but a Commissioner or committee begins their—their time clock this year. Uh, that was—that was a bit confusing. And then the other piece is we can keep somebody on with the unanimous appointment, and I think in my mind that did help, um, with—with the question. Because I agree that it is our responsibility and at some point we just have to make that decision whether it's to take someone off or whether it's to keep somebody on. Uh, but I'm just unclear on the process that that would be, because I wouldn't want somebody to be at the end of their time limit and just not reapply, um, because I don't want to be in a position where I'm asking somebody to please reapply but not asking somebody else who's up to not... you know, please... you know, not asking the same question. Uh, so I—I would like to at least see those two things clarified. Um, but I do agree with, uh, with my colleagues that this is our responsibility, but I think if this is worded well, uh, we can maintain that responsibility, uh, by, uh, approving somebody that wouldn't normally be on provided we have some reasons.
[16:15] **Mayor Luke Hellier:** So based on what I'm hearing, I would entertain a motion to table this to a future meeting that was acceptable.
[16:37] **Councilmember Dan Wolter:** Yeah, yes. I—I think I will make that motion because I prefer to work this out further in a work session than—than at this meeting, um, assuming that the—having those things clarified would potentially progress this. Because if—if that's—if that's not the result of that discussion, then we should just vote on it. Um, but if we—if there is potential for, uh, passing this with clarification, then I'm certainly in favor of tbling it. The biggest thing for me is that process for, um, the unanimous appointment and—and how we assure that if somebody—if somebody's interested in maintaining—is staying on, that they can apply for that and—and live that out.
[17:26] **Mayor Luke Hellier:** Okay. Anybody want to make a motion?
[17:34] **Councilmember Dan Wolter:** I'll move to table the agenda item to—do I need to make a specific date or just future meeting? I'll move to table this item for a future meeting.
[17:38] **Councilmember Joshua Lee:** I'll second that.
[17:39] **Mayor Luke Hellier:** Okay. All in favor say "aye."
[17:42] **City Council:** Aye.
[17:43] **Mayor Luke Hellier:** Opposed? Okay, we will table that motion to a future meeting. Um, moving on to action items 7A, ordinance amending Title 3 Chapter 24 and Title 11 of the city code and summary ordinances for publication. And I will turn it over to our Community Development Director, Ms. Goodroad. Good to see you again.
[18:10] **Community Development Director Tina Goodroad:** Good evening, Mayor, members of the Council. Um, before you this evening is an ordinance that amends, um, two titles: Title 3 Chapter 24, Cannabis Businesses, and Title 11, um, the Zoning Ordinance of the city code. Um, so the first part of the ordinance deals with the amendments to Title 3 Chapter 24, which provides requirements for cannabis businesses including retail registration requirements, the process performance standards, um, the application, um, standards as well as the process for temporary cannabis events. References are made in the ordinance to Minnesota statutes and applicable State rules, um, including those that are being prepared by the Office of Cannabis Management. Those will be wrapped up early in the year. Um, the section was prepared largely based on the OCM model ordinance that's been provided to communities and in consultation with City Attorney. Um, the ordinance does include, um, the registra—or, um, the limit to six of the retail registrations, um, as was discussed at the July work session, and those would be issued, um, on a date-stamped, first-come-first-serve when those licenses, um, are available. Um, I don't anticipate retail registrations or the dispensaries, um, operating before, um, probably summer next year. Um, OCM is still finalizing their rules once that gets into place, um, and there is cultivators that are actively working, um, to have product to sell. Um, all of that needs to happen before, um, those licenses and City registrations, um, can come into play.
[19:35] The second piece of the ordinance is the zoning portion. We've had several conversations about this. Um, we've taken all of those different license types; we've, um, included those into the appropriate zoning districts. Again, generally cultivation, manufacturing, distribution, wholesaler is following within the industrial districts, and the dispensary or retail uses within the retail zoning districts. And so this ordinance was based on the table that we shared and discussed at the July work session, so nothing has changed from that—it's just laid out into the appropriate zoning districts. We did create a new Chapter 38, which is kind of a catch-all for these uses that has some minimal performance standards, knowing that really it's the OCM rules and the State statute that are going to lay out all the specifics of how these operators are going to have to operate in terms of ventilation, security, lighting—all of those kinds of things. We do not want to include those OCM rules into our ordinance; we just want to have the appropriate references. The Planning Commission did hold a public hearing on the zoning portion of this at the August 22nd meeting, and there was no public comment. And the Planning Commission did recommend approval unanimously, and I stand for any questions.
[21:10] **Mayor Luke Hellier:** Okay, very good. Council, any questions or comments? I'll just—just make one...
[21:15] **Councilmember Michelle Volk:** Councilmember Volk... Um, you did a fantastic job taking everybody's ideas and putting them in here. And, um, and I had stated at a previous work session that I was not in favor of, uh, limiting the, uh, number of retail registrations. So that is the only reason that I will be voting against this wonderful ordinance—except for that one paragraph. I don't believe in limiting, um, the number of businesses. I think that, again, it's one of those things that'll just work itself out. And, um, by limiting it to six and not giving the—the opportunity for other businesses when they would call and say, "I'm thinking about coming to Lakeville," and then our staff would turn around and say, "Well, we're already at six," discourages them. And I realize that the Council talked about the fact that they would relook at that if there was demand. I'm cautious that that will happen. So, um, I don't know that there'll be more demand than six, but I just don't want to see the limit there when it's really, um, up to the business world to determine if they want to, um, invest in such a business.
[22:34] **Mayor Luke Hellier:** Other comments, questions? Councilmember Bermel.
[22:39] **Councilmember John Bermel:** I—uh, I want to compliment you, too. I've said before, this is incredibly complicated, and, uh, there's so many different levels and different types of licenses and sublevels, and you've done an excellent job—you and your team have done an excellent job of making this understandable. And, uh, I really appreciate, um, how you reference the OCM rules versus adopting them into our ordinance, because last thing we need to do is—is be changing this ordinance every time those regulations change, because this is... uh, we're just getting started here. Um, I want to clarify: I have one question, and I want to see if this is still... because a while back I had heard, in terms of the number of businesses, it's not just what we designate, but are we also tied in with the number in Dakota County, too? Um, that if there's a certain limit reached, we would be telling people no anyway?
[23:38] **Community Development Director Tina Goodroad:** There is a county... yeah, so there's an overall County, you know, it's the one per 12,500. So that trickles down to the County as well as the City. And my understanding—and correct me if I misspeak on this one because I'm not exactly sure, I'm 100% sure—but if the County were to reach the maximum before—or we did—then we could potentially deny. That's my understanding. I don't think that's going to happen—we're a very, very large County. Um, but if that were to happen... So if enough other communities did not cap, then it could potentially happen. Um, I've been having a lot of conversations with my peers in a lot of communities, and actually industry professionals want to see initially a cap. I think part of that is some of those folks that are making those recommendations want to see somewhat of a—a controlled flood. Um, we know there's going to be a lot of interest. Um, that's what they're saying. Some communities are considering a cap—they might be going a couple over, you know, we're six, go up to eight—and then some communities are dialing in even more and separating the dispensaries from the—uh, the micro-business, because that can—that takes a retail license as well. I think having it as a straight cap, keeping it simple, is a little easier for us to administer. Um, but I hope that answers your question.
[25:08] **Councilmember John Bermel:** It—it does.
[25:11] **Community Development Director Tina Goodroad:** And if I could add one thing: I do suspect I will be back here, um, even though we are referencing OCM rules and State statute, things are just going to come out, and as we are working through things, I suspect we might find something like, "Oh, we really should tweak this to make this a little bit more clear." We talked about this numerous times when we are going back and forth with this draft, that this is probably not the last time you're going to see this.
[25:38] **Mayor Luke Hellier:** Okay.
[25:39] **Mayor Luke Hellier:** Yeah, thank you. Other comments, questions? I just had one comment, um, well, a couple I guess, but just comments. One: thank you for putting this together. We've spent many—of conversations about this. And just a reminder to, you know, citizens of Lakeville: this is a rule that was established by the State legislature and basically allowed cities to do some minimal zoning, uh, and some registration. So we're just trying to adapt to City rule; we weren't necessarily out seeking this, but this is what we have to do. So with that, I will take a motion to, uh, on the ordinance amendment. Joshua.
[26:14] **Councilmember Joshua Lee:** Move to approve an ordinance amending titles 3 and 11 of the city code and a summary ordinance for publication.
[26:24] **Mayor Luke Hellier:** Okay. Is there a second?
[26:25] **Councilmember John Bermel:** Second.
[26:26] **Mayor Luke Hellier:** Any further discussion? Okay. And with that, roll call please.
[26:34] **City Clerk Ann Orlofsky:** Michelle Volk?
**Councilmember Michelle Volk:** No.
**City Clerk Ann Orlofsky:** Luke Hellier?
**Mayor Luke Hellier:** Aye.
**City Clerk Ann Orlofsky:** John Bermel?
**Councilmember John Bermel:** Aye.
**City Clerk Ann Orlofsky:** Dan Wolter?
**Councilmember Dan Wolter:** Aye.
**City Clerk Ann Orlofsky:** Joshua Lee?
**Councilmember Joshua Lee:** Aye.
[26:45] **Mayor Luke Hellier:** Very good, it passes. Thank you again. Are you staying up here or we going to have the applicant for the next... okay. We'll move on to, uh, 7B, Lord of Life Church Comprehensive Plan Amendment. And I think I'll turn it over to Pastor Jam—Jamie Thompson. Okay. Just want to make sure I have a list of a couple people here... I just want to make sure I knew who was going to present. So you are right on.
[27:10] **Pastor Jamie Thompson:** Mayor, good evening. Mayor, Councilmembers, uh, members of the City staff and citizens of Lakeville. Thanks for hearing us in this opportunity before you this evening, and, uh, another opportunity for Lord of Life Lutheran Church to serve our community. I—I know that, uh, I've been encouraged to maybe share just a little context of what brings us to—the—this and what brings me to this. Um, so for those that have never met me—and I—my apologies to most of you 'cause I—I'm not sure that I've met many of you—this will be my 30th fall in Lakeville on the eastern side. Um, I was appointed back in 1994 to start Lord of Life Lutheran Church on the northern part of Farmington, the eastern edge of Lakeville, the southern tips of Rosemount, Apple Valley. I was ordained in '89, served 5 years in Woodbury while it was going through some very, um, quick growth there as well, and then I was appointed here. Back in 1999, we closed on the purchase of 15 acres at our current site, which is known as 16200 Dodd Lane, Lakeville. One of the reasons we bought 15 acres at the time was we wanted to be forward-thinking looking into the future. We wanted enough buildable acreage, which we mapped out as 10 buildable acres for our future. What you see is a 10,000 ft footprint for an additional phases of two and three phases to take us to as many as 35,000 plus square feet. One of the reasons we bought the 15 for the 10 buildable was our eastern boundary at the time was a designated DNR protected watercourse, 300-foot Shoreland Ordinance, meaning that we could only use 25% of the acreage within that for building or parking, any impervious kinds of surfaces. We went through what a lot of people went through—we went through a lot of trajectory on the incline, and then the financial crunch hit us quickly in 2010, 2011, 2012, flattened us out. Then COVID flattened us out a little bit more. Likewise, we had the opportunity to do some further research on our land. The DNR protected watercourse has been lifted and released.
[29:34] The gentleman that's going to speak after me, Matt Frisbee of—of Frisbee Properties LLC, is the designer, the architect of our building. He and I started working, along with our land team and Frank Dempsey here on staff, looking at options just a year ago for our property. Matt has done incredible, um, work in other communities as well as Lakeville in developments. And when we asked him to work with us approaching the City staff, we wanted to look at what options might be before us. And Frank let us know that one option might be the one you're hearing about. And when that became an option, Matt Frisbee pulled us aside and said, "Jamie, is it okay if I don't consult with Lord of Life on this, but I become the buyer and the developer on this project and product?" And we said we can't think of anybody that we trust more. We made it very clear to Matt that this was an asset in the church's care and—and we were going to leverage it and protect it the best we could, and he applauded that and said he would expect nothing less and he would do the same on his side. So we've partnered on this—we see ourselves as a team, Matt Frisbee and Lord of Life, coming to you in the future looking at phases two and three, but tonight we're here for this rezoning application. And so we appreciate your time on this. Again, the staff's been incredible through the years—so accessible, so available. Uh, Tina came and approached me and introduced herself to me at the Planning Commission meeting just a week and a half ago and said she'd be here tonight, and she was the first one to greet me, um, in the entry and say "Welcome, Jamie." And again, whatever we can do, let us know. So again, if there's any questions for us, please let us know, but I'm going to bring up Matt and let him take it from there. So thank you.
[31:14] **Mayor Luke Hellier:** Very good. Thank you.
[31:18] **Matt Frisbee:** Good evening. Good evening. Thanks Jamie, and thanks for allowing us to be here tonight. I'm Matt Frisbee with Frisbee Properties, and, uh, we have the—I believe the site plan is part of your packet there and I—I know we're going to go through that. But just real quickly: we feel this is a great infill site. Everything's been built around this area over the last, oh, let's say 15 plus years, uh, with DR Horton filling in around the multi-family round. So this is a pocket that sits there that I think has a good buffer. There—there's a—a large stormwater retention pond to the south that separates us from that development. A lot of those houses are two to three stories. To the south, there's multi-family, uh, to the east there with that buffer of the drainage that, uh, Pastor had mentioned, and then of course the road of Dodd Lane and then up to the church the other way. So it's—it's a nice pocket with a good, uh, arrangement with a buffer around it that we feel it's a good infill. What we're proposing is—it's a one-story look. It's actually a partial two-story with a bonus room in the truss space, but we try to keep these very low, um, so they fit well within the surroundings. They're not an eyesore. We really work on the pedestrian traffic through these neighborhoods. And then—and we're okay with... there's 24 units, so 20 of them are three-bedroom two-car garage and four of them are two or two-bedrooms still with two-car garage and, uh, twin homes in there. The common space... one time we did brainstorm on a community building—you know, what could it be?—and as we've kind of settled on more of a pavilion, uh, outdoor area with a pickleball court, and that would be kind of the community area for gardens and things like that also in connection with the church. So I'll let, uh, I'll let the City go through the presentation and we'll be available for questions and answers.
[33:23] **Mayor Luke Hellier:** I just have a quick question for you. Yeah. So are the—there—is there slab or basement?
[33:28] **Matt Frisbee:** Or no basements—so slab on grade. Uh, most—and everything's accessible too, so we do a lot of projects in the senior world and then also in the enabling world, like an enabling house. So if someone had a special needs, uh, either child, family member, or senior, uh, these will—they can adaptable, uh, right away. All the clearance is there. No steps—not even steps at the front door or even from the garage to it. Even thresholds are limited. So we kind of hit that. Now this isn't guided for senior, but a lot of our stuff is 55 plus, but we want to open this up as more for a community and with kind of that construction of no basement.
[34:12] **Mayor Luke Hellier:** Then do you have like a room that's reinforced for storm?
[34:14] **Matt Frisbee:** Great question, and that came up with the Planning Commission. And so as we're working on the design, typically what we'll do is we'll look at a center core room, and in this one we have either the master closet or some room like that that will provide some additional structure around for storm protection. That's a great question.
[34:33] **Councilmember Michelle Volk:** And then lastly, are they owned or rental?
[34:36] **Matt Frisbee:** These are all owned. These are all for sale and—and managed by an HOA too.
[34:40] **Councilmember Michelle Volk:** Okay.
[34:41] **Mayor Luke Hellier:** Anybody have any questions before staff report? Okay, thank you.
[34:45] **Community Development Director Tina Goodroad:** Thank you. The gentleman hit on everything that is, um, important about this project. I'll just touch base on really what the action before you tonight is. Um, so the subject property is that at 16200 Dodd Lane. Um, the property is currently guided on the land use plan as Public/Quasi-Public, and they are proposing to have the southern half for the, um, future residential development to be reguided to Low and Medium—Low/Medium Residential from the land use standpoint. And then from a zoning standpoint, they're currently RS-3 and they are proposing, because of the two-home, um, or the connected or attached, um, town homes, they're proposing rezoning to RST-2. So that is the action tonight: there's a resolution regarding the comprehensive plan and an ordinance regarding the zoning map. Um, I'll share with you, um, the site plan that Mr. Frisbee has been working through. This will then be—this action will then be followed with a preliminary plat application and then final plat application. Um, but you can see the design of the homes, um, as well as the, um, kind of common area pickleball court just south of the parking lot for the church, and then some schematics of a project, um, that's very similar to what they're proposing. I believe this one is located in Woodbury, and I would stand for any questions. Oh, the Planning Commission did hold a public hearing on September 5th. Prior to that, a neighborhood meeting was held and they were able to—I think about 20 residents came, um, with several different questions, and they were able to, um, work through and get all of those answers, um, from both Frank Dempsey as well as the applicant. And then the Planning Commission held its hearing on September 5th, and there was no public comment at that meeting, and the Commission recommended approval.
[36:10] **Mayor Luke Hellier:** Okay. Uh, Council, any questions or comments?
[36:14] **Councilmember John Bermel:** Councilmember, if we're ready, I'd make... yeah, go ahead. I, uh, move to approve: number one, a resolution amending a 2040 comprehensive land use map; and two, an ordinance amending the zoning map and adoption of findings of fact for Lord of Life Lutheran Church.
[36:31] **Councilmember Joshua Lee:** Is there second? Second.
[36:34] **Mayor Luke Hellier:** Okay, any further discussion? Joshua.
[36:36] **Councilmember Joshua Lee:** Councilmember Lee. All right, he—uh, Councilmember Bermel beat me to—my question. Um, but, um, just in—in terms of acreage, and I'm looking at this preliminary, uh, design: are—are there any anticipated, um, exceptions to our normal rules or regulations regarding zoning—no spacing with the sidewalks or street widths or anything like that?
[37:05] **Community Development Director Tina Goodroad:** No.
[37:07] **Councilmember Joshua Lee:** Okay. Because I—I just want to make sure there's enough acreage being proposed with this to make this a typical street you'd see in an adjacent neighborhood.
[37:16] **Community Development Director Tina Goodroad:** Yep. Um, that is the reason for the rezoning to the RST-2 to allow it to fit in this design, this kind of layout, um, this number of lots. Um, so that is the reason for the rezoning.
[37:25] **Councilmember Joshua Lee:** Gotcha. Thank you.
[37:26] **Mayor Luke Hellier:** Any other questions? Okay. I just said a comment: I appreciate this project. I think it fits well in—in what is an area where there has not been a lot of development because it's kind of filled up. So I think it's great that you can try to fit something else in there. And I think it's a product that is sorely needed when you think about what's attainable. Um, this size and—and setup is good. So I appreciate that. Uh, and with that, roll call please.
[37:44] **City Clerk Ann Orlofsky:** John Bermel?
**Councilmember John Bermel:** Aye.
**City Clerk Ann Orlofsky:** Dan Wolter?
**Councilmember Dan Wolter:** Aye.
**City Clerk Ann Orlofsky:** Joshua Lee?
**Councilmember Joshua Lee:** Aye.
**City Clerk Ann Orlofsky:** Michelle Volk?
**Councilmember Michelle Volk:** Aye.
**City Clerk Ann Orlofsky:** Luke Hellier?
**Mayor Luke Hellier:** Aye.
[37:55] **Mayor Luke Hellier:** Very good, congratulations. Uh, moving on to unfinished and new business... okay, um, seeing none. Announcements: the next work session is next Monday, September 23rd. Our next regular City Council meeting is October 7th right here at City Hall. And this weekend, as Mr. Schneider said earlier today, uh, the Art Festival is from 10:00 a.m. to 5:00 p.m. on the 21st and 22nd. The community bike ride is on the 21st, meeting at 9:00 a.m. at Pioneer Plaza. And finally, the Heritage—Friends of the Heritage Library book sale is the 19th through the 22nd, with taking donations through the 18th, uh, for this weekend. And with that, I will take a motion to adjourn.
[38:43] **Councilmember Joshua Lee:** So moved.
[38:44] **Councilmember Dan Wolter:** Is there a second? Second.
[38:45] **Mayor Luke Hellier:** All those in favor say "aye."
[38:47] **City Council:** Aye.
[38:48] **Mayor Luke Hellier:** Opposed? We're adjourned.
[38:55] [Music]