Lakeville City Council Meeting 05-15-2023
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This transcript identifies the speakers for the Lakeville City Council meeting held on May 15, 2023.
[0:57] **Mayor Luke Hellier:** Good evening and welcome to the May 15th city council meeting. I'll now call the order. If you'll join me in a moment of silence and the Pledge of Allegiance.
[1:36] **City Clerk Ann Orlofsky:** Roll call, please. Michelle Volk?
[1:38] **Councilmember Michelle Volk:** Here.
[1:39] **Ann Orlofsky:** Luke Hellier?
[1:40] **Mayor Luke Hellier:** Here.
[1:41] **Ann Orlofsky:** John Bermel?
[1:42] **Councilmember John Bermel:** Here.
[1:43] **Ann Orlofsky:** Dan Wolter?
[1:44] **Councilmember Dan Wolter:** Here.
[1:45] **Mayor Luke Hellier:** Moving on to item number three on the agenda, citizens' comments. This is an opportunity for anybody, residents or business owners, to share up to three minutes of comments if they're not related to something that's on the later agenda. If you would just want to share your name for the record when you come up.
[2:07] **Peter Thielen:** Hi, my name is Peter Thielen, 12119 Lucerne Trail. I spoke with you before at the city council here and I've also talked with the Planning Commission. Tonight, I'd like to request the item 6J be removed from the consent agenda due to some new information received.
[2:31] **Mayor Luke Hellier:** Okay. Is that—we don't have any new information, so I'm not sure what you're referring to.
[2:41] **Peter Thielen:** Um, I've got a pack of information that I'd like to hand everybody if I could.
[2:56] **City Administrator Justin Miller:** Get some information... or if you're going to pull this, then the discussion should happen at that time.
[3:00] **Peter Thielen:** I'm sorry, what?
[3:01] **Mayor Luke Hellier:** Well, so what he's saying is that if you requested to pull it, I'll pull it and we'll have a discussion at that time on the agenda. So if you just want to sit in the front row, we'll get through this and then we'll come back.
[3:14] **Peter Thielen:** Okay. All right. Do you want me to hand these out now?
[3:16] **Mayor Luke Hellier:** If you just want to pass it over to the administrator or the clerk and then we'll kind of just pass from left to right. Other additional citizens' comments? Seeing none, moving on to item number four, additional agenda information. Mr. Miller.
[3:31] **City Administrator Justin Miller:** Thank you, Mayor. Actually, we have a little bit here and apologize for the confusion. First, we've added an introduction or a presentation item 5A—will now be an introduction of our new police reserves. We've added a new consent item 6V, that's a resolution to support Sweet Harvest Foods Holdings LLC job creation fund application to the Minnesota Department of Employment and Economic Development. This is somewhat related then to number seven, which is a public hearing... This public hearing is related to a support of Sweet Harvest Foods Holdings Minnesota LLC Minnesota investment funds. There are two different programs of support from the state; one requires a public hearing, the other is not.
[4:31] **Mayor Luke Hellier:** Okay. Moving on to item number five, presentations and introductions, starting with the introduction of our police reserves, and I'll turn it over to the Police Chief.
[4:49] **Police Chief Brad Paulson:** Thank you, Mayor, members of the council. We just want to take a few moments tonight to introduce and recognize some of our newest police reserve officers. I'll ask them to kind of make their way up front here on either side of me... Our reserve officers are strictly volunteer, 100% volunteer. They are selected, backgrounded, and go through a training academy... [Introduction of names: Gene Wofford, Connie Pomerenke, Nancy Hamilton, Skip Bolton, William Shea, Sibran Morris, Bill Nelson, Wyatt Ellenson, David Bailey, Jennifer Klunder]. In total, these folks volunteer about 3,000 hours a year... Thank you for the opportunity to introduce them tonight.
[7:33] **Mayor Luke Hellier:** Very good, thank you.
[7:35] **Police Chief Brad Paulson:** I should also highlight our two officers that act as liaisons and kind of oversee the day-to-day function: that's Mariah Kellington, who's here tonight somewhere in the back, and then Bill Oyas, who couldn't be here tonight.
[8:02] **Mayor Luke Hellier:** Good. Well, you guys are walking out before we were done talking, but thank you all. I just want to express my gratitude and thanks for your willingness to serve our community... I don't know if anybody else had other—Joshua, I know, go ahead.
[8:21] **Councilmember Joshua Lee:** Yeah, I mean, I just wanted to add that as a former reserve, it's the service and pride that I got from that role that inspired me to run for city council. So I know how amazing of an opportunity it is to join this group, and I just thank you in advance for all the hours that you'll put in to serve Lakeville.
[8:46] **Mayor Luke Hellier:** Good looking group, thank you. All right, now you can go. Moving on to 5B, the MCMA Outstanding Service Award, and I'll turn it over to our City Administrator, Justin Miller.
[9:01] **City Administrator Justin Miller:** Thank you, Mr. Mayor, Council. I'm going to have Allyn come up and lurk behind me a little bit here. It's my honor and privilege tonight to present Allyn with the Minnesota City/County Management Association’s Outstanding Service Award... [Justin Miller discusses Allyn Kuennen's career history and accomplishments]. Allyn’s wife, Deanna, is here; I’m glad she was able to make it.
[12:00] **Assistant City Administrator Allyn Kuennen:** Well, thank you, Justin. I think you love seeing me up here squirming for this award. But no, thank you, thank you very much for the nomination. Thanks MCMA for the award. You know, one of the things that Justin has in the write-up is about team... Tana Wold, Attorney Helmers, Trevor Hunter from the liquor store, and Ann Orlofsky with the City Clerk. I mean, all of them—they're the award, not so much me. They do everything that helps me out.
[12:59] **Mayor Luke Hellier:** Then also helping usher through the team on the fourth liquor store, which was no easy feat considering you had a grumpy Council from time to time and a grumpy liquor committee, so thank you for that. Moving on to 5C, the 2023 Arenas annual review and proposed budget, and I will turn over to our Arenas Manager, Joe Berquist.
[13:28] **Arena Manager Joe Berquist:** Good evening Council, Mr. Mayor. Thank you for having me tonight. I'm here for the annual report and our budget submission. First, I'd like to start out by just reminding everybody that Lakeville Arenas—I'm always surprised how many people don't realize this—but we're not actually part of the city per se. We are a Joint Powers Agreement between the city and Lakeville school districts... [Joe Berquist presents the 2022 financials, growth in concessions, and the new outdoor pavilion project].
[25:09] **Mayor Luke Hellier:** Any questions? Yep, Joshua.
[25:11] **Councilmember Joshua Lee:** I just have a question about the outdoor sheet and in terms of hours and usage. Do you expect the outdoor sheet to be used just as much as indoor ice or how does that differ?
[25:27] **Joe Berquist:** Monday through Friday especially, it'll be packed all the way through probably the 10 p.m. hour. The Lakeville Youth Hockey has already committed to that... Summer of '24 we'll be able to host festivals and activities.
[27:06] **Councilmember Michelle Volk:** Has there been a conversation with the Farmers Market?
[27:08] **Joe Berquist:** Not as of yet.
[27:12] **Mayor Luke Hellier:** All right, thank you, sir. Moving on to agenda item number six, the consent agenda—actually 5D, Fire Department quarterly report. Chief Meyer, my apologies.
[27:32] **Fire Chief Mike Meyer:** Good evening Mayor, council members. I'm going to present the Lakeville Fire Department first quarter report for 2023... [Chief Meyer presents call volume data, drone team activities, structure fire details, and response times]. In January, we held our annual awards banquet. Cam Washington was our Firefighter of the Year and Megan Conrad was our Rookie of the Year. We had two retirements: Randy Bachmann and Mike Jones.
[36:44] **Mayor Luke Hellier:** Chief, on the second slide, it says Quarter 1, 484 Duty Crew calls. Do we collect the data on of that 484, how many times were we there before ALS?
[37:05] **Fire Chief Mike Meyer:** I do have that data, but not here. I will follow up with that.
[37:12] **Mayor Luke Hellier:** Other questions or comments? All right, thank you, sir. Okay, now item six, the consent agenda. Mr. Miller, any items that you would like to highlight?
[37:21] **City Administrator Justin Miller:** Thank you, Mayor and Council. Just a few. Item 6J is being pulled for consideration... Item 6K is accepting a donation of $10,300 from the Lakeville Public Safety Foundation... and item 6U from Mid-State Reclamation and Trucking, $500 to the fire department.
[38:00] **Councilmember John Bermel:** I just want to comment on item P, the Ardmore Village manufactured home park conditional use permit. Just wanted to complement the Planning Commission and staff on that. That was an interesting issue with the residents coming in and finding a solution that's going to be really good for that community.
[38:43] **Councilmember Dan Wolter:** I'll move approval [of the consent agenda minus item J].
[38:45] **Councilmember John Bermel:** Second.
[38:52] **Mayor Luke Hellier:** All those in favor say aye. (Council responds: Aye). Opposed? Okay, we will now bring up item J. I know we all got a packet. Item J was a denial of an EAW request that was submitted.
[39:21] **Peter Thielen:** Again, my name is Peter Thielen. You know, I guess my concern with the whole thing was traffic and then the dewatering over there. I live a half a mile from there. The dewatering—right now they're two to five feet below the normal water table... I'm very concerned with my back property over the past 10 years has basically dried up... Was this dewatering going to affect our aquifer?
[43:10] **Mayor Luke Hellier:** All right, thank you, sir. In your packet, you'll see a memo from WSB responding to items that were in this letter... Based on state statute, the 30-day period for appeal ended on October 19th of last year.
[43:47] **Councilmember Michelle Volk:** Actually, I have a question—procedural. For the public to respond to the documentation, is it only in the newspaper is how they would be able to find it?
[44:11] **City Administrator Justin Miller:** The EQB publishes the EAW when it's initially submitted... It's on the EQB monitor, we post it on the city's website... We are not required by state law to notify adjoining properties within X number of feet.
[45:09] **Councilmember Michelle Volk:** I realize that the city has done everything that it's supposed to do legally. I'm disappointed in the State of Minnesota because as usual, they always give local governments the easiest way out... My comment is not against the city; I'm upset with the state.
[46:42] **Mayor Luke Hellier:** I appreciate the frustration. I'll take a motion if there's any other discussion.
[47:33] **Peter Thielen:** [From audience] How about the testing of the water level when these ditches were being dug? They were supposed to be monitored for the whole year and never were.
[48:40] **City Administrator Justin Miller:** Mr. Mayor, if I could... some misinformation from the residents. The groundwater was monitored for one year. I have a confirmation email from the Assistant City Engineer stating that and it was included in the developer Ritter Meadows' geotechnical report.
[49:25] **Councilmember John Bermel:** It seems that the root of the issue is there's an EAW that was completed properly. The frustration I hear is people that feel they had a stake just didn't know that the process was occurring... but this was done according to what the rules are at the time. I'm willing to accept the results of that EAW.
[50:38] **Councilmember Joshua Lee:** Yeah, I mean, I sympathize with the concerns, but I just don't see any new information here today that would change my thoughts on the staff's recommendation.
[51:00] **Mayor Luke Hellier:** I have a motion. Yep, John.
[51:03] **Councilmember John Bermel:** I move to approve a resolution denying a citizen petition for an environmental assessment worksheet for the Ritter Meadows development.
[51:14] **Councilmember Joshua Lee:** Second.
[51:18] **Mayor Luke Hellier:** Roll call please, Ms. Orlofsky.
[51:21] **Ann Orlofsky:** Volk? **Volk:** No. **Orlofsky:** Hellier? **Hellier:** Aye. **Orlofsky:** Bermel? **Bermel:** Aye. **Orlofsky:** Wolter? **Wolter:** Aye. **Orlofsky:** Lee? **Lee:** Aye.
[51:35] **Mayor Luke Hellier:** Motion passes 4 to 1.
[51:36] **Mayor Luke Hellier:** Moving on to item seven, a public hearing to consider support for Sweet Harvest Foods Holdings LLC. Tina Goodroad.
[51:52] **Community Development Director Tina Goodroad:** Thank you, Mayor, members of the council. Sweet Harvest Foods Holdings is requesting an application for us to submit on their behalf to the Minnesota Department of Employment and Economic Development (DEED) for the Minnesota Investment Fund (MIF)... They will be occupying 360,000 square feet, retaining 21 full-time jobs, and creating 20 new ones.
[53:40] **Mayor Luke Hellier:** Any questions or comments? [Public hearing opened; no comments]. I will take a motion to close the public hearing.
[53:56] **Councilmember Dan Wolter:** I'll move to close the public hearing.
[53:58] **Councilmember John Bermel:** Second.
[54:00] **Mayor Luke Hellier:** All in favor say aye. (Council: Aye). Public hearing is closed. I'm supportive of this. Joshua?
[54:40] **Councilmember Joshua Lee:** Move to approve the resolution in support of Sweet Harvest Foods Holdings LLC job creation fund application.
[55:00] **Councilmember John Bermel:** Second.
[55:04] **Mayor Luke Hellier:** Roll call please. [Roll call results in unanimous approval].
[55:18] **Mayor Luke Hellier:** Moving on to item number 10. Our next regular meeting will be here on June 5th. Our next work session is next week, May 22nd, at the water treatment facility at 6:30 p.m. I'll now take a motion to adjourn.
[55:40] **Councilmember Joshua Lee:** I wanted to invite the whole community this Saturday to an event at Valley Lake Park from 12:00 to 4:00... it's a collaborative process with a lot of non-profits working together around the International Day of Peace.
[57:04] **Mayor Luke Hellier:** Thank you. I will now take a motion to adjourn to closed session.
[57:06] **Councilmember John Bermel:** I moved to adjourn to the closed session.
[57:12] **Councilmember Dan Wolter:** Second.
[57:16] **Mayor Luke Hellier:** All those in favor say aye. (Council: Aye). You're now adjourning to closed session. Thank you for being here.