e e e e we [Laughter] do knew it work okay at 7 o'clock I'm going to call the meeting to order please join me for the Pledge of Allegiance to flag of the United States of America the for it stands nation under God indivisible with liy and justice for all all right thanks everybody for coming tonight I can't remember the last time we had a crowd like this yeah um let's see first off can I get a motion to approve the agenda I move to approve the agenda motion by Council M wsh I'll second uh second by counc Mark any further discussion all those in favor say I I oppose same sign motion passes all right um Community comment did anybody show up tonight for anything that is not on tonight's agenda and the Cannabis regulation stuff is on tonight's agenda so that's not what we're talking about here but if you have anything else that you want to talk about that's not on tonight's agenda now is your opportunity all right hearing none we're going to move on to presentations and reports up first uh we have Employee Service Awards which is always a really really fun night at our Council meetings and uh when there are Service Awards with the fire department we know that we'll get a good turnout so um this evening we are going to celebrate uh three firefighters Chad Rous Tony dwalter and Scott hos um we'll start with Chad um I where there he is worked with Chad uh Chad has led the golf tourament the last couple of years and does a fantastic job doing it um in addition to all of the firefighter Department duties and all of that kind of good stuff you want to no I just I want to thank Chad for all the work he does on the medical supplies and really if you think about you know what we need as a team and the fire department needs to provide support for people and the work that he does it's very much appreciated I know he does it with great care congratulations Chad I think maybe we'll just go through everybody and then we'll do the pictures at the end I know you're really into the [Laughter] pictur um up next we have uh Tony do Walter who is celebrating 10 years on the fire department there she is um Tony in my interactions has been kind of the Jill of all trades on the fire department if I need to know something if I have a question about something if something needs to be explained to me Tony is always very willing to share her time and help out um all of the community events I can't remember last time I didn't see you at a community event so um Tony is absolutely fantastic appreciate your contributions and thank you for everything you do and just from a team perspective if there's anybody uh that really steps up when people are feeling down and they need some positivity Tony is the first one to pump somebody up and give them that extra support that they need and so that's appreciated in a lot of ways so thank you Tony for all that you do for our team and last but not least uh Scott hos is celebrating 20 years on the cover fire department um Scott really likes to make sure that he can attend Council meetings every Monday night so he came in and said thank goodness I'm being recognized tonight because I'm not able to make it to the Jordan uh city council meeting so really imp to be here tonight it was something like that wasn't it something like that no Scott um Scott is always there always available has been a high contributor to the fire department for the last 20 years um and I don't think that we can mention Scott without mentioning his wife because I think if anybody in this room doesn't know who makes dozens of gallons worth of chili for the fire department's open house it is Mrs hos your claim to fame um and I was recently told that the way that you brown all the meat is to frying pans at a time which kind of makes my wrist hurt just like so um thank both of you uh for your time and your contributions to the fire department and Scott one of the first firefighters that I met when I started here and if there's anybody that is kind of the definition of service to the community it's Scot if um I just know that that if I had a flat tire on the way home he'd be probably there before I had my car door open to help me you'd be in Lu cuz you wouldn't know how no also very true I own that but Scott Scott's there when anybody needs them and he's always there to um help me sort through things if if I'm thinking about something a little bit too complex he just cuts right to it and says this is the common sense approach so I've always appreciated Scott's point of view so thank you Scott all right let's take some pictures did you do it sorry Dred up does anyone know how to see even I have one kid he's my favorite recorded [Music] right I guess all [Music] my you guys going to time that any better she didn't mean that about the favorite kid you didn't hear that it's not recording so don't worry right family favorite child got to get one a br here [Music] all right um I'm going to just um move around the agenda just a little bit and move up the consent agenda here because we have something that I want to pull off of it so uh for the consent agenda I am going to pull item number 7.6 approval resolution 13324 accepting a donation from Neil and Susan Erics ad um so with that exception can I get approval for the consent agenda I'll make approval for the consent agenda minus uh pulling off agenda number 7.5 six sorry 7.6 uh second uh motion by council member Sarah second by council member Welsh any further discussion all those in favor say I I oppose same sign motion passes all right uh let me find my notes here um I just wanted to pull this item off the consent agenda because I knew that we'd have some very special guests in attendance and these kinds of donations are really significant they can save lives and this is a special one um in memory of somebody who is really important to somebody who is near and dear to the Carver fire family and our Community um Tom Walsh passed away earlier this year um and he was known as a dad a firefighter a grandfather he was a lot of things he wore a lot of hats um and he left quite a legacy I think all you have to do is take a look at uh the individuals who have Walsh as their last name or had Walsh as their last name on Carver fire and you can just see what an impact that he had um also um really outstanding and I think something that you and I talked about Tim was the barriers that your dad broke as someone with a disability who worked in the fire service is pretty darn cool too um so um I just want to share my appreciation for this donation um for the impact um that it's going to have on our community again we were talking before the meeting I hope it never gets used um but it will it'll probably get very well used and it will probably save lives in our Comm so um a huge shout out a huge congratulations or thank you to Neil and Susan Ericson who donated $2500 to the city of Carver which is being used for an AED which will be going out with the fire department on our calls so I just um let's see with that I want to read uh the the resolution it's resolution 13324 city of Carver Carver County Minnesota resolution acknowledging acceptance and appreciation for donation where as Minnesota statute 4653 requires that cities accept donations for the benefit of its citizens in accordance with the terms prescribed by the donor and whereas Neil and Susan Ericson have graciously donated $2,500 to the Carver fire department and whereas the donation was made in the memory of Tom Walsh and whereas the funds will be used to purchase an AED now therefore be it resolved the city of Carver this uh that the city of Carver City city council now accepts the above donation and be it further resolved that the city of Carver along with the Carver fire department expresses its sincere appreciation and gratitude for the generous donation adopted by the city of Carver today the 21st of October 2024 so thank you for the donation now that we're all crying pictures [Laughter] he that man two Ballers over here oh eron we're losing them for the ms4 yeah it's ms4 night guys run now you can um okay let's see we skipped over the listening session so um oh I'm sorry uh so with that I would like to make a motion to approve item number 7.6 um approve the resolution for uh 13324 accepting a donation from Neil and Susan Erikson for an a I'll second we've got a motion by Mary Johnson and a second by council member Mack all those in favor say I I I oppose same sign motion passes all right thank you not going on tonight um okay going back to the Cannabis listening session this is the order you want to do it in yes okay okay um all right to 5.2 listening session for cannabis retail establishment zoning regulations M [Music] Smith thank you mayor and council tonight we have a listening session talking about can cannabis dispensary zoning so I'll give a little presentation we'll open it up to the public for a listening session tonight the city of Carver is tasked with Drafting and adopting language related to cannabis dispensaries and where they can be located so they must be permitted somewhere in the community but we have some discretion using our zoning code so the things that we Zone commercial versus residential that's our mechanism to deciding where cannabis dispensaries can be in the community so it must be somewhere we we'll work through some of that with the Planning Commission and the city council at this time carra is anticipated to have one license dispensary based on population so that's set by the state and the office of cannabis management will license the dispensaries so your role tonight at the 21st meeting is listening only we would ask that if there was dialogue or questions outside of just listening St can follow up with the person who's speaking otherwise we're looking for information from the community thoughts feelings opinions about our proposed ordinance so we don't have anything drafted right now but we'll need to work towards it by the end of 2024 so we're we solicited information this was posted as a news flash on our City website posted to Facebook we also uh know some of the people that might care about this in our community so we shared this information about as far and as wide as we could just to get some people in the room to offer some feedback so we can make decisions based on what people are feeling that might be impacted by these decisions so the big question tonight is should cannabis dispensaries require buffering from certain uses such as schools Parks residential treatment facilities or daycares so many communities are working through this at the exact same time that we are this is not something that only Carver is doing and many communities are choosing to create distance buffers that dispensaries must be from certain users so what that would do would take from the property line of any uh use that we determine that we'd like to buffer and make sure that a cannabis dispensary cannot be within X number of feet from those property lines of the entire property again many uh communities are choosing to buffer daycares Parks residential treatment facilities and schools so it's at our discretion what we would like to buffer how big we want the buffers to be we can choose all we can choose none and then set those different buffer distances so it's at our discretion the Planning Commission and city council we've gotten some feedback so far just knowing that this discussion was coming so this past Friday we had our business Alliance meeting which is a really well attended group uh business owners primarily downtown so we heard feedback from three business owners one downtown property owner and chamber staff just getting some feedback about it in a casual setting in general the consensus was that dispensaries are comparable to bars and liquor stores so thinking about our downtown there are bars dispensaries might fit in that same location based on some feedback that we got from downtown business owners and then the conversation also included the use of cannabis in public which was kind of the red flag for most people of if it's allowed can people be smoking on the sidewalk which you cannot so I think that put a lot of the business owners at ease knowing that that precaution is always there and then staff additionally received feedback from one resident after reposted that was included in the packet so next steps tonight is the listening session we'll bring this back to you at your November 18th work session so if people are here and they want to provide some feedback that will be the council's time to discuss to work through the details think about what people said share some information for staff so we can start drafting that ordinance based on what you hear tonight your thoughts feelings Etc November 21st Planning Commission will review the listening session and the council discussion so at that point I'll bring a draft forward to the Planning Commission have them review they will not be acting that night they'll just be taking their first look at it knowing that this information will be new but guided from the listening session and the city council the Planning Commission then will hold the public hearing since it will be uh embedded in our zoning code so chapter 50 of the city code which is zoning the Planning Commission is responsible for that work we are needing to move up the Planning Commission one week so in December Planning Commission is slated to fall outside of both City Council meetings so it sometimes hits where I'm right in between this one Falls outside so we are proposing to move the Planning Commission public hearing up one week which we will notice I let the Planning Commission know already to start marking their calendars and then December 16th will be the city council review for decision so again tonight is just a listening session take feedback hear questions comments from people related to cannabis dispensaries and if we should require buffering from certain users I will pass it to you all right thank you all right now is your turn I assume many of you are here for the speaking portion of our listening session as you saw Aaron directed us that we up here need to be doing the listening so we are here to listen to you um if and when you're ready to come up and speak please introduce yourself with your name your address um and take a seat right up here can I ask Erin one clar question yeah um Erin I was when you said that you you espcially noticed the downtown businesses is that correct so some of those are rent renters correct do the renters get all the information that we know of to yes okay thanks all right who wants to go first guys it's going to be hard to listen if nobody talks I should say these are all application folks oh okay well then I'll stop looking at you guys okay I will break the ice please come on up right welcome thank you um so my name is Sam blank uh and I'm the principal of Carver Elementary so I am a Victoria resident but want to advocate for um Carver Elementary um and I definitely in favor of having a buffering distance uh between you know the dispensaries and where schools are at uh my last two years uh working in the Middle School um it's been you know my experience that the amount of cannabis in schools has increased especially at the middle and high school level um and while I don't see um a huge difference for our elementary school kids um I do constantly worry about you know creating a safe and welcoming and learning environment for our students and I think that includes our surrounding area um and you know what I like to think about is just you know we have our our kids that are playing outside we have a park just like adjacent to our school um and I want to make sure that we're really mindful about the distance that a dispensary is from our school um while I know that it is illegal for um people to smoke like on sidewalks and streets like that where there's a dispensary there's a higher likelihood that people will be using it in public and um you know I don't want our children you know having to see that or somebody at the park might be using um cannabis um and it's just something that I'm always going to be mindful of and just going to advocate for our kids um in our community to just make sure that we are you know creating a safe distance I'm not here to say what the specific distance is but just significant enough where we're just being mindful of um not exposing our children to um things like that at such a young age so thank you great thank you we can start calling on people there we go uh I'm Nate Roy um live at 1046 Street West or perhaps 120 Broadway Depending on time of day um and I just uh wanted to get a a few things said um one is a point of clarification I was reading on the state of Minnesota's website somewhere today I think there's a limit on the set back distance is that right 500t from a daycare and th000 ft from a school correct okay so we can't do like a infinite distance and push it right to the edge of the city okay um the other thing I um I've got a a family member that's really been impacted um by too much use of of these materials and um so I'm not going to go into details on that but um in my in the course of my research and trying to understand where he's at I've learned that um the percentage um of THC in products has gone from 2% in the 70s to between 20 and 30% today so they're much more potent um and some are saying that because of the increased demand they're going to go as high as 50% in the next uh few years maybe 5 to 10 years so um it's definitely gotten more stronger which makes me concerned as a parent and business owner and everything else um I understand it's legal I understand it needs to be sold somewhere um and I just want to kind of set that context that these are getting more and more powerful and there's being more and more not direct correlation uh or causation but increase in psychosis has definitely been noticed by the medical community and they're still trying to figure all of that out so want to be careful to couch my words say I'm not saying there is a definite cause and effect there but they're definitely concerned about it in the medical community um just turned 50 excuse me happy birthday um the other the last thing that I'll that I'll mention is that um I've noticed um that the marketing and the product design of a lot of these products is very colorful and uses cartoon characters and things like that so I am concerned about children uh finding them picking them up uh ingesting them um and uh for that reason I think that a buffer zone from dayc carees and schools is a is a good thing to consider um for the city um and as uh eron mentioned earlier many if not most or all communities are considering those types of buffer zones and I think it would be appropriate for Carver to do that as well um the last last thing I'll say is that that um I don't personally have any animist toward the the business community that would be looking to do this type of a business in Carver and um if uh if one opens then I think the community should U be open to it and support it but also with the the appropriate level of um due diligence and consideration so thank you for your time thanks night hi my name is Jessica Krueger I live at 125 Elm Drive or 309 Broadway same thing um I have River Wild Learning Center here in Carver um and I guess both points both speakers I hear both and I see both I have a family member who's worked in mental house so I know the other side effect of cannabis um I also know that with legislation coming it's not going away um where my business is located I'm literally 17 feet from a bar right now um and so I feel like we have um we have things in town that already impair people you know one way or another way whether it's alcohol or cannabis um and so for me I don't feel like my business would be affected downtown with a buffer zone um we keep my kids safe and I keep them away I you know am hoping that people will follow the ordinances and not smoke and do things that they're not supposed to do downtown um and we just kind of operate as we are people are going to the business next door um they'll be going to a business possibly across the street Street wherever that comes up to be um I obviously do not appreciate the side effects of cannabis and personally don't use but I know that it's it's coming and so how can we keep kids safe but then also know that you know it's an impairing thing just like alcohol so I feel like if it's downtown with the other people doing it I don't see a major conflict of interest for myself thanks Jessica who's next Jenny no just here to listen Eric listening Tony Cory Cody no I don't have anything to share I oh if you come up you got a you got one thanks Cody Cody bulk 1922 Green Ash Drive um I just had a question about what um so I know you shared it on the PowerPoint but what from the federal government is mandating that you have to have at least one or you can't prevent them can you just tell a little bit more about that that that seems kind of intriguing to me I can take that um mayor and councel um so it's actually not a federal federally um initiated mandate but the the new state legislation that passed in Minnesota not this past session but in 20123 the which legalized adult use cannabis um there's language in that says uh you as a city if you you cannot prohibit these uses and if you choose to register the retail of cannabis you can limit it but you can't limit it to uh any fewer than one per 12,500 people so because Carver Falls below that 12,500 number the the amount that we can limit uh these businesses in the community is is one you round up um so maybe at some point too when Carver continues its growth there's going to be a a mandate to potentially have to have another or allow another but I think it's also worth pointing out that um you know cities may or may not have up to the Limit that they can that they can establish um I think the market is going to dictate that for example some cities that are big enough could have two or three or four um and it may not make sense from a business perspective to have that many dispensaries or retail establishments in the community but um it is a state uh uh statute that limits us at one because of the size of Carver so Jim yeah thanks for coming up Jim I'm just listening okay um all right this is your last opportunity to share your thoughts for this listening session thank you guys for coming thank you for everybody who spoke whoa don't leave you're going to miss the ms4 presentation door's locked get out oh we got a page no we got a page 10 minutes ago we all right thank you guys thank you all um see okay so now moving to 8.1 United properties thank you for keeping me organized okay Miss Smith uh up preliminary and final plat thank you like you mentioned tonight we are reviewing a few applications from United Property so we're looking at preliminary plat final plat and the developers agreement so a little bit of information where we are talking about the property we call Carver Commons the entire property was once owned by United properties we have a United properties true legend in the room tonight and Keith Al so welcome he knows the history of the site far better than I do so if you go back to 2008 I'm going to tap into Keith's knowledge uh but we've working on developing this site for the past couple years so it's home to Quick Trip next UPS Learning Center Hometown Bank and mocha monkey so thinking about where we're at the corner of 212 Jonathan Carver Jonathan Carver Parkway and mro drive so this application is a little bit unique that the United properties portion of the application is to review um a lot so we're creating a lot for commercial development United properties is slated to complete all of the site utilities and access into the site and then sell the property to an end user so the United properties application does not contemplate an end user the next portion of our agenda contemplates at user but right now we're just reviewing the United properties preliminary plat final plat and developers agreement primarily for those utilities so it's getting the streets in it's getting the infrastructure there connecting to gcp so an overview of the site so the site we're talking about right now is lot one black one which is on the screen now and then I just wanted to highlight some additional areas on the United Property site so this is Hometown Bank this is the quick trip so in creating lot one black one there still is some developable space north of both of those businesses there's a small Outlaw just east of next steps and then Outlaw a is a large developable space Outlaw B is primarily ponding so that is not developable but moving forward we anticipate some more applications coming through the process for the Carver common sites for commercial users something that I am personally really excited about about this application is that the connection of utilities here will Connect into Jonathan Carver Parkway so we've been thinking about this connection for a really long time we contemplated it at the time of Street construction of Jonathan Carver Parkway so you can see that the curb line tracks for where that turn lane will be next time you're driving South take a look over you'll start to see and feel where that turn lane is going to come in uh United properties has said that adding this infrastructure they think will lead to pretty quick development for the remainder of their sites to get an additional access especially off County Road 11 to get into some of the remainer of that site so as nerdy as it might be the infrastructure portion of this project can be exciting I think so some details about the United properties request the slot one BL one which is 1.79 Acres the property is guided commercial and our comprehensive plan it's already rezoned to freeway commercial and it will be next door neighbors to Quick Trip next out next steps Hometown Bank and mocha monkey again additional sites will still be available on the site that we will review take through the process so there it is on the screen in relation to the rest of the property the plat that you're reviewing so preliminary and final plat so since this was part of a platting process a public hearing was required the Planning Commission held that at their September 19th meeting we sent notice to Property Owners within 350 ft posted in The wone Patriot posted at City Hall the notice did include L Schwab details so I know that I'm asking you to think about this as two different applications but we didn't want a resident to open it get a little bit confused saying I know talking about a project what is this notice so we included some details there the Planning Commission recommended approval on a 5 to Zer vote of the United properties portion of the project so again tonight is review of preliminary plat final plat and the da this is where I said I was going to turn it over to Ain and Dave for a couple blanks that are in the da if you looked at it really closely Erin just real quickly before we get to the gentleman um are the 16 properties those along Spring Creek Drive on the east side of Jonathan Carver Parkway primarily yes but then it was a quick trip hometown Next Step that side too mayor and Council um so one thing I'll add the development agreement uh right now we have a blank um in there for the amount of the letter of credit uh as a reminder we always require developers in this case up um to provide a letter of credit to guarantee the construction of um utilities streets sidewalks other types of public improvements that are required um this is a bit unique because they're doing a lot of private infrastructure all their internal access and Drive um and streets are are actually privately owned and maintained but there are a handful of Public Utilities including water M sewer M some storm sewer piping uh and then they all are adding uh turn Lanes of course on JCP as well as some uh Trail connections through the through the site so um we don't have um we weren't able to hone in on that number yet I don't know exactly what it'll be but it's not uncommon for sometimes those details to come together after Council approval um we would just ask the council to um understand that you know we'll work with Aon the city engineer to review the estimated costs of those improvements to make sure that we're getting plenty to in the event that they were to default we could um you know go in and complete the work if we really had to and just as a reminder um the way that number is calculated Aaron looks to make sure he's comfortable with um the estimated value or cost of those improvements and then we take 150% of it so so we do give ourselves quite a bit of a cushion um in case a default happens in a couple years and maybe some inflation happens and things cost more than um that we have enough to do that so um that is still a blank in the development agreement and I just wanted to um articulate why that was and make sure that you know what you're approving tonight will eventually be a completed agreement we'll just that'll come together later can I have one point of clarification is it 150% 12 I'm sorry 12 I saw the development team start okay I was drafting an agreement for another Community earlier and it was 150 so I have my wires crossed I apologize for that but yes it is 125 sometimes we just say things to make sure you list yeah the quick whisper Panic of like 150 so our owners are already selling the twins to make sure [Laughter] they all righty so I'm going to ask the members of the up team to come up introduce themselves in the conversation and then we can move forward great think that's too good this is the conversation good evening mayor council thanks for having us Tom strum with United properties um here to answer any questions any questions I guess my question is just why is this so different why we typically would include in the planning process the end user so United properties is just creating the lot and then we typically would just go through a building permit process all together instead of doing it as two separate applications so in the next application with lashwab we'll do a site plan and then a builder agreement which is not super typical for us we usually put everything together in a developers agreement but since they're acting as two different agencies the review is split so United properties just for clarity we aren't the we'd love to be the developer of the Les Schwab project but we are just kind of a land seller and and developer of the infrastructure in this project Okay so example like on the residential side it would be Casey from summergate working with lenar so okay Tom would be the Casey Les Rob would be the lar okay questions no okay um the only question I have is about the developers agreement and I thought after we enacted kind of our water piracy legislation we had talked about adding something in there feel like maybe we ended up at there's some clause in there that covers it no that's a good good question um so this is the fourth uh Carver Commons addition and so I sort of inherited a form that been very consistent um that did not include that language so this is a little bit different from that form I'm happy to add that language in for the developers um knowledge it it's really a provision that just says that when you're developing the site you won't utilize public fire hydrants to take water we've had an issue in the city with uh contractors taking water illegally out of the city's fire hydrants to support their their needs on site um I'm glad you brought that up because I I'm happy to add it if you want to approve the developers agreement with that caveat we can get it in there I'm sure that they aren't going to object to us adding that language I think we'd be talking about water tonight but it's become a problem and it causes some issues for our water system that uh our residents really don't care to experience so sure um yes so um okay if we don't have uh any further discussion I'll make a resolution let's see where would I make the amendment on the oh the developers agreement one okay I'll make a motion to adopt uh resolution 14 uh 149-24 providing approving preliminary plat and final plat for the United properties oh second uh motion by Mary Johnson second by CC member Welsh any further discussion all those in favor say I I I oppose same sign motion passes all right I will make a motion to enter into a developers agreement with United properties for Carver Common's fourth edition um with the addition of some language about our water piracy ordinance that Dave will draft at a later date I'll second uh motion by Mar Johnson second by council member mock any further discussion all those in favor say I I oppose same sign motion passes all right thank you on to 8.2 leab all righty thank you mayor and councel so tonight we are talking about part two of that application that I'm asking you to not think about together so for a l while we're reviewing site plan and a Builders agreement so again we're talking about caror Commons right at the corner of Highway 212 Jonathan carber Parkway and Monroe drive on the left map that's our comprehensive plan so you can see that the property is red so again this is guided for commercial users some site details about Carver Commons again same information as before guided commercial in the comprehensive plan its own freeway commercial lashwab is a permitted use in the freeway commercial District so this has been a really great educational opportunity for staff and I suspect the council as well we've gotten some feedback from residents that are engaging in the process which is really fantastic but asking questions of like we need a grocery store we want a restaurant why are you moving forward with this when there might be something else so we've been using this as a great opportunity to let people know we Zone the property and then those permitted uses in the zoning District can move forward with a project the city is not the end decider of if it's a Target or it's a Walmart we say it's zoned commercially so I just want to thank people who have been engaging in the process we've had some really helpful conversations with residents that are understanding the process a little bit more which is always our end goal all right off that so box um utilities are available via menroe drive for this property and private streets are throughout Carver Commons again this property will access from inro drive and the slip right that you just approved via the United properties applications so lot one black one which you just reviewed for plating would be the end user site for the lashwab project so some information about lashwab it's primarily tires brakes Wheels alignments batteries Etc they are definitely moving into the Minnesota Market with some Force so there's new facilities in Morehead Worthington Apple Valley outo and Hutchinson The Proposal tonight before you is a 10,798 ft building with 38 parking stalls which uh meets our city code supports the building so the process of where we're at right now the city council reviewed this original site plan at their July 1st 2024 meeting you shared some great feedback about design noise use concerns with staff and the development team uh we have partnered together on a building and sight Plan update so you'll see updates throughout the packet as well as the presentation so on the screen now are updated renderings of the facility I'm going to skip ahead a couple so as you move through the packet as I move through my presentation I want to note some updates to the building that the development team worked with us on so the building color has changed so on the left is the original that was at the July 1st meeting the right is what's included for cine approval in the packet tonight the roof line has changed there's increased font front facade windows the I think the biggest one that we're most excited about is that the canopy along JCP is fully enclosed so the original version that you saw the July 1st meeting had a canopy that Campers or boats could pull under to be worked on outside so uh that did not meet the intent of our city code so that had to be fully encl enclosed so we had some concerns about noise especially for the neighbors and residents along Spring Creek Drive but enclosing that portion of the building is a step forward to make sure that this building is is uh complimentary to our community and then the tire and trash enclosure moved from fence to block material that was another big point for the city council the block has changed with a brick facade as a building material and it has a really generous landscape plan so I'm going to back up a little bit now so these are the updated photos that are in the packet so the front of the building will face next steps Learning Center and quick trip the back of the building will be along JCP you'll see on the back of the building those windows that uh give it a little bit more of a commercial feel as opposed to an industrial black look and then if you zoom in pretty closely you can see the canopy is enclosed in the bottom but then also gives you a flavor of their generous landscape plan trash enclosure so uh increased from fence material to block that's the slide I just went over so again left was the version of the July 1st meeting right is proposed tonight and then comparison top version was July 1st bottom is tonight so you can see the pretty substantial changes especially to the back of the building adding those windows enclosing the canopy changing the building color I think are the most impactful to the project another view so again July 1st on top tonight is on the bottom so the full enclosure of that canopy a couple other things that are included in the packet to note on the left is the general layout of the facility so you can see the lobby and then the workspaces there's some office and Community or not Community office and employee spaces as well as the canopy included and then on the right is the photometric plan so thinking about light how it might spill off the site so if you zoom in really closely you can see the tiny numbers that show foot candles but light is not anticipated to leave the site based on their photometric plan their landscape plan is really generous it exceeds what we need for the city code so it includes six coniferous trees 12 overstory 12 understory 229 deciduous shrubs 71 coniferous shrubs and 123 perennials so working together with the development team we came up with some ideas of how we can screen that a little bit differently to make it more of a commerciall looking user in our freeway commercial District so again just the perspectives of the building not directly related to lwwa but the project overall with United properties we are working uh pretty hard to figure out the trail system in this development so trying to be really mindful about the users we don't know on site yet and making sure they'll have access into the connecting trails system so we've been really mindful trying to figure out how pedestrians will want to move through the site not how it might naturally make the most sense on a piece of paper so we've been thinking a lot about that working with United properties to make sure we're ensuring really good trail access into the site so again tonight you're reviewing a site plan for lashwab and a builder agreement which I would say is similar to a developers agreement but it's for the site plan as opposed to platting the Planning Commission reviewed the site plan at their September 19th meeting and recommended approval on a 5 to Zer vote Ron with the development team is here tonight I'm going to ask he comes up introduce yourself join the conversation and I'll turn it over to you welcome good evening uh thank you uh for letting me come here thanks for the presentation thanks for the presentation Aaron and going over the our proposed ex project really excited about it um I guess I'll back up from Ron isacson uh with Cushing Terrell 411 East Main Street sweet 101 Boseman Montana 59715 um happy to answer any any questions you may have questions I have a question and it might be too early so I just might need some guidance on on when to bring it up again delivery hours delivery hours uh let's see Les swabs are open uh 8 to5 Monday through Friday Friday I always forget that yeah 8 to 6 Monday through Friday 8 to 5 on Saturdays closed on Sundays are there times though where you're just at the mercy of when a delivery comes so it might come at 6:30 in the morning no they it's it's about one delivery a week then plus they have to come pick once a week they pick up the spent tires so Lor are you asking is that going to happen during business hours yes yes just what what I'm trying to avoid is a resident um getting annoyed that they feel like it's just too early oh too early um and I don't know what too early is you know the one person versus somebody else but you know something if it's you know a 6:30 in the morning delivery won't be a midnight delivery you know know their employees they work 8 to 6 Monday through Friday that's when the delivery is going to happen between 8 and six thank you questions my other question was a noise question too so obviously there's going to be mechanics happening at this shop um Erin do you want to talk a little bit about noise requirements and what might happen with surrounding neighborhoods sure so right next to it but close that was one of our questions too uh we applied the L Schwab information to the mpca which regulates noise pollution from Minnesota and Ron you can probably speak to the details a little bit more but we found that the amount of noise that will leave the site will not be above what the mpca has adopted for noise okay okay that's that's correct eron yeah we we looked into the mpca requirements and we they won't be exceeded uh on top of that the work Bays they face West um and then on top of that we have the uh those doors under that canopy that was enclosed th you know those can be closed um but uh you the building has been strategically placed so noise will will go west out of those Bays okay okay that's all I have great um I guess I just have a general comment so I was the leaz onto the cing commission so I've seen this before um just compliment the developer on taking the feedback and making the improvements that were suggested uh the new building looks beautiful I like the color scheme the you know architecture the adding the windows along the back um I do live in the neighborhood right across the there so enclosing that um you know back area I think will be a huge Improvement for noise um the Landscaping plan is generous the enclosing The Used Tires again with a very aesthetically pleasing uh you know block that matches the rest of the building I think was a a good move and I very much appreciate your your work on that so that's all I havek you um so Ron I gave you a hard time for not looking like Boseman the last time we talked um and it's still bosan um but I am very appreci of the changes that You' have made to make this align and fit in a little bit better with our community I think it's significantly improved um the questions that I have for you I think I asked you this last time but I forgot um how many employees are you anticipating this it's about one employee per Bay so it' be about seven plus b a couple up front so about nine employees and then you on top of that any business will have a a buffer of employees so you know it's going to be a bunch of new jobs for the community Les wabs are known for promoting from within and they produce managers that get have opportuni to go you know at some point when they work their way up they can go start you know run another one of their new stores that they open and do these tend to be more full-time career jobs or part-time a mixture of full-time full-time that's a lot of you know how their careers work fantastic um completely putting you on the spot I saw anecdotally some comments about what a good Community partner is can you speak a little bit about uh Le Schwab's social responsibility I know a little from one observation you know I stick to the engineering and getting and trying to see projects through the through the the schedule through the plan but I do know they are they are very much Community involved you know they they started out in 1952 in Oregon and in the Pacific Northwest so Oregon Washington but um in my experience you know seeing uh and hearing about their donations to community being involved with the cities I know they're store managers they're uh from what I've observed they're very much it's part of what they're supposed to do and just you know making sure they're part of the community fantastic thanks for let me put on spot for that one yeah um my last question is I just want to confirm that there will be no outdoor work taking place no no outdoor work work's done completely within the bays and under that canopy okay and then can I add one please can you speak to Titan yes speak to what project timing timing oh yeah project timing I thought she said typing too tying I'm old AG of myself um we're anticipating the infrastructure work for the the project can happen to be completed summer 2025 okay and then so contractors aren't getting in the way of each other and they'll come in say Midsummer mid late summer if everything goes right and weather and all that so um then expect so early 2026 opening it's about a seven-month construction [Music] timeline great that is it for my questions thank you all right I'll make a motion to approve the site plan for Les Schwab I'll second goe uh we've got a motion by uh council member mock I'll give a second to council member Welsh sorry uh all those in favor or uh any further discussion all those in favor fa say I I I all those opposed motion passes I'll make a motion to enter into a builder's agreement for Lew I'll second got a motion by council member Mock and a second by council member s any further discussion all those in favor say I I same sign motion passes congratulations on passing through another step um okay uh moving on the most anticipated thank you uh event of the night we have our annual ms4 storm water hearing and Eric and Nat both stay for it so don't disappoint them still leave we won't great thank you mayor council um do you want me to give the presentation first and then open the public hearing you oh um let's make a motion to open the public hearing I'll make the motion I'll second a motion and a motion by Mayor Johnson a second by council member mock any further discussion all those in favor say I I I both same sign motion passes public hearing is open thank you for the reminder okay so I have a short presentation tonight let's see why do I there good okay this is the kind of an annual review of our City's ms4 permit oh sorry thanks all right better so the purpose of the annual meeting we do this on an annual basis there's kind of three main goals number one is just to inform the public um just kind of give an update of where things are at with the city's um storm water discharge to the to the Waters of the state um receive any input that the public may have on the city's Swip which is the storm water pollution prevention program and then just to kind of use it as an opportunity to give the council just a general update on on the ms4 and and the Swip so that's the goals for tonight um an m ms4 is a municipal separate storm sewer system so that's a long phrase but we say ms4 and basically it's under the jurisdiction of the Clean Water Act which is a federal act basically any any discharge that flows into the Waters of the United States is eligible for this um ms4 program so the city of Carver obviously flows to the Minnesota River and um the mpca designates that as an urbanized area in the state of Minnesota that the city of Carver meets a mandatory ms4 permit criteria and um the city was authorized originally in 2006 as an ms4 and has been implementing the permit ever since so a Swip then is a storm water pollution prevention program and that is part of the overall ms4 perog it um so the city has to have a a Swip to talk about how it's going to handle the storm water discharge within the city it includes several things such as regulatory mechanisms so our city code it'll reference um we talk about educational program opportun or opportunities inspection programs that we do for construction projects and such um how we maintain our system and then how we do doent all these things so our commitments to the npca they Define six minimum measures that we need to to provide to them number one public education and Outreach public participation and involvement elicit discharge detection and elimination construction uh storm water runoff post construction storm water management and then lastly um just general Good Housekeeping for pollution prevention in the city for our operations so um 2023 and 2024 we're kind of um doing this together so the the annual um annual presentation is technically for the prior program year so for 2023 but I just wanted to kind of give a general update for what we've been doing in 2024 also so um for the last couple years we've not been required to to submit our annual permit um to the mpca or the annual report excuse me and that's because they're actually working on a like a new online portal for submitting the the annual reports and um they haven't actually got it up and running yet so they haven't required um ms4 communities to submit it in 2023 or 2022 so we've been kind of just holding on to those we're anticipating that next year it should be ready to go so we'll be submitting several of them next year when it's up and running but that's just kind of a a side note um the city public services staff has done all the inspection for the ms4 system that includes um every year we have to inspect 20% of all of our ponds in the city so that um staff will go out and look at the ponds to make sure that there isn't any Outlets that have to get cleaned up if there's like debris or brush that's growing around the outlet structures so they they check on all that um they check on all the structural bmps which is U most commonly a a sump structure so the catch basins will have a a deep sump so any like sand that flows into the curb and gutter um will fall into the kind of the the sump and they can be um vacuumed out with a vac truck or vac trailer so it catches all that sediment before it actually gets into the ponds or goes Downstream like into the creeks and and the river so that's inspected every year and then from a project perspective obviously there's been a handful of development projects that have happened along with a number of um public Improvement projects over the course of the last year so we inspect all those projects um any inspections that the developers do we receive those inspection reports and we we save those in the file for when we submit those annual reports the npca um going forward so that's that's what we do for those uh for 2025 like I hinted at we'll we're anticipating we'll be submitting our reports for the last three years to the mpca by June 30th um the last couple years we've been a lot more intentional about keeping our ponds um clean with respect to brush removal and trees um so that's something that um Paul Schultz has really been heading up and doing a good job of just to make sure that we have easy access to do maintenance like I said at those Outlet structures so they don't get blocked up and cause issues um we're actually taking a look at our just kind of our general pond maintenance policy um I mentioned in the work session to a few of you that pond maintenance is something we're going to have to talk about a lot more going forward because a lot of the kind of the original development ponds will come that are from the 9s are at the point where they're probably going to need some work in in the not too distant future so we want to really look at you know how do we want to approach that systematically so um we're not you know incurring a huge expense you know in any one program year so um just kind of easing into that and figuring out how we want to move forward with pond maintenance when they become an issue um so the first step in that is we want to implement kind of an inspection program just to monitor the How Deep The Ponds are getting with sediment right now um so one thing we want to actually try to do this fall is take the ponds that are in the carver Bluffs development they're they're the oldest ponds and just go out there um we can measure the depth of the sediments what we do is we use a kayak and you can literally just go out there and just take probe measurements to see how deep that is with sediment versus what the original plan um depth or the design of the the pond is so then we know if okay yeah we're still doing really good here we have a number of years before we even have to really start thinking about this or yeah these are really getting full that the ponds aren't doing what they're intended to do anymore from a design perspective so we need to start thinking about program programming and funds to to clean those out you know in the in the next 10 years you know for example so that's really one thing that we want to hint at um this fall and you'll probably see a notice um staff is working on like I said going into the Carver Bluffs area and taking a look at a few of those ponds um this fall to kind of see what we have going on so um and then obviously just continuing to refine our documentation making that more efficient and and how we you know kind of keep that information and have that in case of an audit going forward so we're always doing that um that's that's kind of really what we have going on here for the near term and then future program needs is just kind of working with public services and you know just staying up to date with training with staff and making sure that they know what to look for with respect to the Swip um you know if someone they see an elicit discharge what do they do um de ing chemicals that's becoming a big thing you know with with the chlorides so um I know Paul is doing a good job at that but just kind of continuing to use kind of the Leading Edge practices or how we can minimize those those chemicals getting Downstream into into the Waters of the state and then obviously Downstream of the state of Minnesota so um with that that's the end of my presentation so be Happ to answer any questions from the public or from the council and questions that's it I I have a couple questions so it's only within the city of caror like great yeah so our the ms4 is for the city of Carver so the townships but what if there's property that's in the process of being annexed into Carver or do we wait till that's all done so like for new developments for example when we accept those improvements those that stormw piping in those ponds will become the responsibility of the city of Carver under the ms4 program but that typically happens when all construction is complete so project would be annexed fully developed then we accept the improvements we accept them and then who pays for the improvements the developer pays for the improvements so until those things are accepted if there's an issue in a pond like say there's a pond gets silted in in with sediment the develop we would require the developer to go and clean that pond before we would in accept that Improvement okay so we get kind of a clean slate or so like during the punch list for a project we'll say okay you need to go clean out this filtration base and it there's silt in it and we can't accept that I'm just thinking of with all the development and if every year we're supposed to be you know checking 20% of them yeah could have a backlog sure no we that's part of our kind of General punch list processed for development projects okay and then I have a question just only because you mentioned some of the older ponds you know and making sure they're operating correctly or the way they were designed what happens if we come across ones that we just kind of realize maybe weren't designed the best is that part of this too no I think it's it's more just to getting back to like its original state obviously like design standards have evolved since the '90s and you know require M for how things are treated but we just kind of have to use kind of best judgment for how we we maintain them based on in essence what what we have to start with so okay original state that was helpful that was okay thank you okay Eric Nate any questions okay Nate Roy again um first of all I'm didn't even know this existed and think it's wonderful uh because I always think of um like lakes and how they get so green and all the fertilizer is getting in them and it makes me a little nervous um about how that affects human beings um but uh I really as a business owner I'm really interested in the the education aspect of this um some of you know that we adopted a few Highway stretches on Highway uh County Road 40 uh we also adopted a drain which I don't know if you knew this is a thing it's pretty cool and I think that's one thing we could offer up as opportunities to homeowners and and business owners um it's a pretty simple process we adopted the one right in front of of getaway um and um the other education piece that comes to mind is what do we do with stuff that we probably shouldn't put down the drain um since I moved to Carver I've heard of different environmental centers um and of course you can track those down if you are inclined to do so which we are uh but I think making maybe an easy to understand Magnet or something that business owners could put up if they have questions about where to put things they can have an easy answer or a clear contact or someone to talk to at the at the city very good a great idea thank you thanks Eric anything from you yeah I do this is kind of civil engineering questions but can you introduce yourself and Sh sure Eric jansy 1906 Green Ash so I guess the question I have is is it State Statute that dictates the number and size and location of these these ponds I me kind of what's what's the the driving factor to design location depth and whatnot of all these ponds sure so there's there's minimum standards that are required for like the npds permit um for pond sizing but then ultimately the water the local water shed district has jurisdiction to they can either meet or exceed those standards so in this case the city of Carver is actually part of two different Watershed districts the the Carver County watershed management organization and the lower Minnesota River Watershed district and those two entities have their own set of water rules So based on where development occurs um that developer has to follow those design standards which will meet or ceed the that Minnesota npds permit at at a state level um so your question was related to like location or number of ponds um really that comes down to when the when the development is when the developer laying out their overall development they kind of have to use like the topography to figure out where ponding would would go um I think from the city's perspective we try to avoid the number of ponds that are installed if we can just because the more things that you have in the system the more complex it is possible so for example um if you know you're going to have a multiphase development if you can get a a central pond in one location that will treat a larger area that's my preference um it doesn't work that way very often um but that's kind of the general the approach that I take to to ponding okay uh the following question is what is the overall purpose of the ponds is it to basically replenish the aquafers is it to be a catch Basin for overflow when the uh drainage capacity of existing sewer structure is exceeded or is it basically a Still Water Pond to let particulat to settle out before it discharge into the river and other larger bodies mhm yep so the purpose of a pond is there's actually three main purposes number one what you hit on is sedimentation so when water um flows through the storm sewer system you know goes into catch Basin flows through the pipes it goes into a pond any sediment that's in there will settle out to the bottom of the pond so that those sediments are not transported Downstream into our creeks and rivers and streams and lakes so sedimentation number one number two it's controlling the rate of the discharge water leaving the site so water can't you can't send more water Downstream than what was going Downstream in the existing condition M so as as um developments are built they add impervious surface which basically any impervious surface doesn't let the water infiltrate into the ground so it runs off faster which provides more flow Downstream unless you slow it down and that's what the Pond's purpose is to do is it's to check that flow so it can be controlled at the rate at which it discharges and then number three is um the volume of water leaving the site so based on that um impervious surface not letting the water get in um there's rules for how how much water you need to the volume of water you need to retain on your site so you're not letting a lot more water get Downstream as well so it's it's sedimentation it's rate control and it's volume control okay I guess the last question is uh is it more cost effective with some of these smaller ponds that may need some Remediation in the future to let them just silt out and then um build new ones are larger instead of trying to you know especially an older one it may not to code all that stuff like okay let's just let this thing silt out retire it and then go for a larger newer Pond if it's needed yeah I think that would be a really good approach the only the only issue I see with that is typically the ponds are in platted areas so it would be a matter of whether or not you have enough area preserved in Outlet where you could do such a thing like that okay and it has to be within the site so we w't be able to use like a neighboring property to treat water from the site next to it okay cool correct yeah that's all I got okay thank you thank you all right I had a couple quick ones go ahead um so uh I think let's sorry to interrupt let's close the public hearing oh yes of course I'll make a motion to close the public council member mock second by council member s any further discussion all those in favor say I I I same sign motion passes okay go ahead yep uh so I just said a quick um I remember last year we had to make some updates to based on State Statute to our existing uh code so our there were no changes or were already matched up I think it was the ice I don't remember what it was okay ice and the or the deicing chemicals and the pet waste and those those things have been implemented into the city code already um I think we had a public hearing on that last year at some point so there was there's been no additional changes to regulatory measures that we needed to adjust and then Eric actually got most of my other questions I just had one other one uh just more of a clarification for the audience that um the the needed maintenance is budget is typically as part of our utilities right so that that's what our storm water yes we have we have um in the 10-year plan under the storm water Enterprise fund we do have funds that we have programmed within the next 10 years in anticipation that pondit maintenance will be necessary within that 10-year program so the extent of that is still a little bit undetermined that's why we need to do the the inspection program first but we are anticipating that we've we've been able to kind of ride that original design life for a while now and things are going to have to start getting maintained in the near future so cool that's all I have thank you ER I'd like to give you a hard time about the ms4 um we all give Aaron a hard time about the ms4 because we see this annually and so some of us have seen it times um but it's important information I appreciate it thank you um all right I think that brings us down to Communications 9.1 um yeah just the pet waste uh Topic at the previous work session the council asked about if there was a Petway station at Bluff Park and there is already one there we are in the process of uh ordering and installing another uh Petway station at Olson Park thank you all right Council Communications Lori I don't have anyy uh yeah we had the um HBC meeting on the 8th we had Carver County Historical Society come and give a nice presentation I'm sure Brent can get a hold of that presentation if anybody's interested um it was also the same night as the Fire Department open house so I was run in between I'm sure courney will say more about that later um and then we do have um we do have coming up and why I can't get this up fast enough sorry it's a different iPad I'm trying to find it the HBC the Heritage preservation award that was talked about also so we are meeting on Thursday night Brent can can you comment on that for me can't get it pulled up it's uh Thursday at 5:00 at 1:13 thir Street East it's across from Mary Williamson's house so so that this very disjointed uh report so yes we have that and the winner are Dan and Emily Neilson thank you 121 Third Street East don't go to the address random other people um and that that is actually all I have right now thank you read um the Planning Commission meeting for October was cancelled and uh the county Park commission meeting got moved to this week so I don't have anything all right uh handful of updates from me as chrisy mentioned on October 8th was the fire department and public services open house um in addition to all of the chili that is made there is just a lot of work that goes into that from the fire department from public services from City staff um and it's cool to see everybody out there it is a well attended event in between steo days Carver cleanup day and that I'm not sure what is the most popular but I know it's a very well loved um event in the city of Carver um I know you're going to say no they all three I love them all I was actually thinking could I rank them and think no I think I love all um let's see October 9th um I'm part of the Minnesota mayor Association we had a meet up where we got a tour of the henpen County Traffic Management Center in oina camera yeah which was really cool so we went in this big room has big video screens on it um and they can tell us everything that they can track from um car volum to frequency of the lights to occupancy of the vehicles and it's wild um what they're doing and how they can kind of retime the stop lights based on they gave an example of a detour where 94 was closed for some some roow construction and they retimed the lights on where they anticipated traffic would go to go around that on the the local streets um seems like a lot of power it's kind of fas how they can do that and they can all do that from their phones um and then we went into um uh M with dinner um and our annual meeting um on October 10th we had a league of Minnesota cities board meeting this is the time of year where we are going into um kind of reviewing all the results from the policy committee and I think Brent you volunteered on a policy committee this year right which one was it service okay so there are like four different policy committees and then it's the work that Brent and everybody else who volunteers on the policy committees do that are recommendations that are made to the board um that really form the basis of what the league of Minnesota cities is going to be advocating for on our behalf in the next legislative cycle so um not too many changes but it's um some significant ones some um removals of legislation that we accomplished in the previous year feel like you're going to ask me for an example please don't because I can't think one up the top of my head um but just really interesting work and a really really busy time for the league um let's see on October 11th we had a community leaders meeting that is the Mayors um and city managers of all the communities in the district along with the county we met at Victoria Elementary um Dr rathy it used to be that the cities would host those meetings and Dr Rath key because the the school district convenes those meetings is very smartly putting us into the schools where we can bump into kiddos and give high fives as they're getting off the bus and all that stuff so um really good updates um from Eastern Carby County Schools um Dr R you talked about uh these listen and learn sessions that uh she's having I think we all probably got postcards that said when they were and I think they are mostly late September earlier um October but she is literally getting out in the community and talking to folks and learning about what they want their priorities to be uh or what what's important to them what her priority should be in her first 100 days in this new role to her as superintendent of the school district and then um last but not least um maybe like adding a fourth to most popular Carver events yesterday was trunk retreat in downtown in Carver which is two hours of just Absolut complete chaos and candy and children and costumes and long wigs blowing in the breeze um and llamas and princesses and just a really good time there was a decent turnout um it was 80 degrees yesterday um and it's just wild to think that uh we're celebrating Hallen in the city of car so kudos to uh Kim wayy I think was the main volunteer with that there was a tremendous amount of support from the Carver lions and then hometown Bank um volunteered and helped provide the hot dogs and the volunteers to help serve those so a really really really fun that so that is it for me entertain a motion to adjourn I move to adjourn motion member was a second a second by council member say iose same sign passes good evening worri like