um and so they're recommending also setting aside 5% of the uh contract amount for a constit or construction contingency um and then the the bid tabulations are also a part of your packet okay and Mr rck parin seeing that we have a lot of people here tonight um can you explain what this phase of the
park will be because it doesn't finish it completely am I correct yep uh so there will be one remaining phase and the largest part of that is the stage component of the project um I can share that um the second phase and I I have it up here with me um includes the themed history walk with three adjacent pads
for future benches um set pads for donation pavers along with the history walk in front of the uh each bench pad um history and interpretive signs um which will state the history of the city of Wyoming um the decorative uh uh pedestrian light poles um the relocation
of the existing Bike Fix It station um and then that retaining wall as well so it's going to be a large portion of this project but the the one remaining part then in phase three would be the stage and um Ballers and so forth okay great thank you questions from Council we'll start
with um member Jer um how long will you do you think it will take before phase three starts uh I don't know if they I don't believe that they provided a construction timeline I think that based on the original um project we'd hope to start I mean as as soon as it's approved we'll reach out to JL Tyson and they'll
continue working through if it' be October but we'd have to get more information on that for sure um but I think phase three is still looking for next year for for start that all right member shley uh no questions member onad no questions member ler no
questions all right um then we need a motion to approve resolution 2487 72 a resolution receiving bids and awarding the contract for phase two of Railroad Park to JL Fe Inc for the base fit and alternate number one the amount of
24353 do we have a motion to approve some motion to approve by member onad we have a second second second by member Luger all in favor I I opposed so approved moving right on to the consent agenda number four and number five does
anybody wish to pull anything from the consent agenda seeing none we need a motion to approve consent agenda number four and five so moved we have a motion to approve by member Schilling do we have a second second second by member
onad all in favor I opposed so approved um acknowledge receipts of reports of Officer boards commissions and department heads that's number 6 7 8 9 and 10 on our agenda I wish to pull number six is there any other items that
need to be pulled seeing none we need a motion to approve 78 n and 10 soov we have a motion to approve by member Schilling do we have a second second second by member Luger all in favor I opposed so approved
number six I'm only pulling it for this reason Chief bers I wanted to say congratulations on your clean report so maybe you could just State just a couple sentences and why that's super important sure the um post board say essentially the the licensing agency for for all law
enforcement of the state um they do an audit periodically um to come in and make sure that we're complying with training requirements um doing our background processes properly and a variety of other things that we just have to make sure that we're doing things above board um and they came in
and uh we spent about 18 minutes going through documents and uh um the rest of the time was spent socializing so we were in good shape so that's a big uh big compliment to our staff preparing doing things properly and making sure we have the documentation to show that
we're doing it so thank you that's great well congratulations on that I think that's fabulous thank you all right so I'll move um to approve number six the report of the public safety director do we have a second second second by member Schilling all in favor I opposed so
approved we now are moving on to new business number 11 to consider resolution 24873 a resolution amending the conditional use permit for a planned unit development C
24-1 summerfields LLC property ID number 21058 2.xx the applicant is here today should we have any questions Mr W are you yes perfect if I may Mr w real quick uh experiencing
some technical difficulties as it refuses to connect to the the screen so trying to work through that my apologies well Mr moxness has coming has come in for a to amend the conditional use permit to reduce the setbacks on the on the side property lines for the
development to allow uh the construction of homes with u three car garages if if they want to um so the Planning Commission is recommending approval with the conditions listed in the resolution um
that's all I got he has a PowerPoint up is it just yours Mr M G ask if uh Mr lywood has any availability too I I just for some reason can't get a connection to it technology at its fin MH if not I mean Alla oh looks like
you're gonna work through it who got it you're in all right great job Mr mcf so Summerfield second and third editions in Amendment to the conditional use per the plan unit development um location is on Kettle
River Boulevard um between Kettle River Boulevard and the freeway um just north or just along with with 258 Street next um this goes through the what they've gone through for the
process just a background and timeline um they've received final plat approval for the subdivision um back in 2020 um so again like I stated he wants they want to adjust the setbacks on on those lots to allow the construction of a
three three car garage if wanted um so we're going from 7 and a half ft to 5 feet um and then these are the conditions um basically make sure that that everything they're having is still going to fit and that the orinal conditions
are going to remain without read so um Planning Commission is recommending approval um with those four conditions okay great uh Mr MOX I have a question for you I have a couple so um you explained at Planning
Commission why a three-car garage especially with the smaller houses could you explain that to to council for me it should be going so um kind of the reason behind all this is we have lot
ofor and typically don't allow for a lot of storage it's probably one of the Bigg sets toap stuff but it's still really popular we can do a three car G on the ls that we
have wide but from a developer and a build stand I just like I want the a to in the development lotss are still the same sizes just eliminating a little
space between them um but I think that definitely AE features of it will issues the main point of it is for aesthetic value to be honest with you okay and the only thing I want to add is that you know the last the plan
commission meeting there was that came made a com that basically it's just another forel make all of and I normally wouldn't address that type of thing um but in that situation I'm not raising my lot prices this is
strictly because I personally as developer want to provide a nice look product so it costs me actually a lot of money to go through all of this and I'm not going to recoup any of that so so I just want to make that point clear that this wasn't this isn't a developer gra
to try to get more money typically is set about us but it's not the okay appreciate that the other thing I'm going to ask is are you um are the houses being sold to 55 and older or are you finding families moving in
what's kind of that demographics yeah right now most of the customers have been in in the 50 range they're not exclusive it's not exclusive soone can buy in here I have another project that's very similar to this project in winstom we've
had actually two buyers just recently one was in theirs just a newly couple deal of just need small Avid you're kind of seeing that Trend then within home prices they're at you
know a lot of people or okay all right thank you um questions from Member lard no questions um member onad uh it's a conditional that
everything can fit correct yes yeah so so maybe one lot won't it won't fit perfectly or whatever okay member Shilling uh the only question I had you answered so thank you okay and member Jagger so if you shrink the sidey yards is it going to be big enough to get like big
equipment through like for example I had tree guys come to cut down huge trees can all that still get through and then if we Grant the amendment does that U also apply to all
the properties west of no I'm only asking for this on this phas anything East anything to the West like the single family side are you thinking yeah where you had already have three car garages yeah the single family
side I have not made any changes okay okay cool and of the existing Villas that you've built would you be wanting to add a third a third stall on those that's been built okay shouldas that the home owner
wants they would have to come here then and build it themselves correct and work with Fred yeah and they're already kind of on the Lots tight they're centered the way they are okay okay any other questions
no thank you thank you Mr M all right I'll make the motion to approve resolution 24873 a resolution amending the conditional use permit for a planned unit development C2 2411 summerfields LLC do I have a second I'll second that second by member
Schilling all in favor I opposed so approved thank you all right number two I'm sorry number 12 um and this is going to work a little bit differently tonight so I'm G to read this um we are going to
have Mr wack do his presentation we will have residents one by one come up we'll allow you to speak um speak re respectfully there will be no comments back and forth between the applicant and people in the audience and vice versa um
if the comments are the same over and over again then we'll call it kind of even at that point in time does that all make sense okay um so to consider resolution 24874 a resolution approving an interim
conditional use permit for a residential kennel I 24003 for Alexander cabalan am I saying that correct um located at 24567 El Crest Avenue P number
21106411 and a mayor and council members um Mr kabalan is asking for the interim conditional use permit for residential kennel at 24567 El Crest Avenue um this is at the also along K
River Boulevard but down at the South End um just off the uh Elm Crest it's currently Zone agricultural sorry um and there's currently a a home and a pole building on the structure or on this property property is developed as a
single family residential use the surrounding lots are also Zone ultural um he has four dogs over four months of age City C allows only allows three dogs over four months of age he's requesting to have up to six dogs on the property it's for personal use and not for
commercial there's a 6ft chain link fence on the property there's a 1ot unb barbed wire attachment on the on top U one of the conditions is to remove that unb barbed wire from the top of the fence
um these are the conditions that were placed on on the are suggested by the Planning Commission and staff um and there should be one oh and the next one would be a condition that the Planning Commission placed and that the applicant should provide screening from the adjacent property so as that was talked
about was putting slats in the chain link fence so that their dogs can't see the neighbors and the neighbors can't you know and the neighbors dogs can't see to so everyone's not bargaining with each other mostly um and Planning Commission is recommended approval um based on those l
condition okay and then what we'll do is we'll um have residents come up and speak and then we'll be able to go with questions with that if council is fine with that okay so um again I ask that you be respectful I ask that you come on up
state your name and your address and then um we'll go three minutes you guys typically I don't watch how much time it is but I will cut you off if it gets to be a long time so who would like to come up first nobody I'll if not we'll go ahead and
keep going okay yeah okay yeah my name is Dane kubichek I'm the neighbor 24553 Elm Crest Avenue um I've already spoken most of this but I'm mostly concerned about the safety of my
daughter and my family our well-being um I've said most of my concerns about dogs being able to dig under the fence I saw it happen already with the temporary fence that was there I don't see the new fence solving that and that scares me my yard is right there you know runs along
the whole side of his yard the long way and we're out in that yard every day playing my daughter's out there and I'm really concerned that something could happen I don't I know he doesn't want anything to happen I get that but if some dog gets under the fence or over it
I can't stop six dogs there's six dogs too by the way right not four he's asking for six but according I think he currently has six I could be wrong but I don't think so um so there's already six there whatever I don't think that's
really a normal thing to have six dogs but some people like dogs a lot but there's families surrounding the yard they're all concerned about it that have a life that they want to live with quality and safety and I think we all deserve the respect to consider those thoughts before you make the
decision okay so thank you you all right anyone else it's always so much fun to come and talk to us you're just running up here I can see yeah maybe not so fun hi my name is Kim whale and um we own our property at 24733 Kettle River Boulevard and uh
we're just one property in between us and um I feel like we've been to these a while so I feel like a lot of this is probably repeat and you guys already have this but um my concern is is around the noise I think I think four is plenty I don't know why we're asking for two additional ones that just seems over the
top one additional one maybe um I think I'm hearing safety is a huge concern um I haven't seen that fence to be not see-through yet maybe I'm not looking at the right area but in in my driving by it seems to be chain link and you absolutely can see through that uh my
concern is is honestly um safety obviously of children and other animals but I think there's also that noise ordinance we all we all bought our property for quiet peace and enjoyment a term that is a legal term U I don't think we can have that when we have big
loud barking dogs and I love dogs too I am absolutely a dog lover but I do have concerns over that thank you thank you right next good evening my name is Haley Moren I live at 24645
River Boulevard I am the house of the long skinny lot next to the applicant um you all I'm sure are informed of the neighborhood's position we are opposed to these six dogs um there's a couple of reasons first as I said before the effects on the dogs that they have on
the family surrounding I myself have a young daughter who's 15 months old and I play with her in my front yard I have serious concerns and founded concerns with six large guard dogs running around the yard um and not 4.6 Acres Wild and
Free if those get out a it's hard to watch six dogs in such a large space um safety is a concern if six dogs if one dog if two dogs if any dogs get out as they have gotten out of a fence before that's putting my family at risk that's putting other kids at risk if my my
daughter had people over or if we had people over and then that also puts liability on my family as well um the other um concern I have is the effects the dogs will have on the environment the wildlife they Giant fence up the fence has kept Wildlife out we've seen
that the deer that we all enjoy seeing in in these kind of neighborhoods have had to make new trails the pheasants can't go over the fence the birds hit the fence um so it has had an effect on the environment and the impact on that as well and lastly I just want to reiterate that the city has these
ordinances that are allow for exceptions but it's it's a may not a must um we can allow for six dogs but you don't have to have six dogs I guess I would just ask you guys to consider if you lived in my sh had to look at this every day and had to live next to these six dogs would you want to live next to six large dogs
every day day in and day out thank you thank you anyone else hi Brennan whale 4581 250th Street North I'm GNA keep it quick because I think everybody's pretty much covered things um the only basically I was I was looking
for more information so we deled into into this little bit at home and uh not that I'm trying to invade anyone's personal privacy but we have to do what we can so I looked into where the applicant currently lives and it seems to me that I looked in their city codes
they have a four doog maximum Rule and I don't see anywhere where he applied for the six dogs at that location so I'm not sure if it's already wrong and they're already having issues now we're going to bring it here and I know we're asking
for this but I guess to me we we talked about removing the wire off the top of the fence and we talked about last week talked about mowing the property has been mowed and I was happy to see that but if we're going to approve this based on the wire coming off the top then at
this meeting before we approve it shouldn't the wire be off the top so that we can say oh I see yes this is this met conditional approval so we can approve the wire is not off I just don't see I see like a pattern of not following the rules and I think if we just continue to allow that what's going
to be the next thing that we come in here not to mention that in the legal in the government system once something gets approved by one person it's much easier for the next person to come in and say well that guy got six dogs two months ago and I want six dogs at my property and that's just right because
he did and pretty soon we have you know anybody can do what they want we have to put rules in place for a reason we decided at some point that three dogs was the correct amount and I think that tonight we should uphold that and say no to this thank you thank
you are there any further question or comments at this time all right seeing none we're going to move on and um we're going to actually bring that um applicant up at this time this will give us time to ask
questions um and things that were said um from the residents and then we'll also be asking questions from staff as well um and then also I believe Mr Lunen um who is our attorney We'll be asking him some questions as well absolutely so
I'm going to start if you're okay with that all right so um I've been at both planning commissions meetings um the first one you didn't show up you got kind of a um mistake on what day it was right um during that second one um you stated
that you purchased the property in October cor and it was because you had six dogs and wanted to keep them on 5 Acres with a personal kennel when did you know that you needed to get that personal kennel and get that fence up uh
I got an email from Fred or call in regards of that so okay so he knew you had six dogs I I received a complaint that he had more than four more dogs and I sent him a letter okay and when was that I'd have to look B June April or
May I'd have to look okay so it it had been a while after you purchased the property correct okay and no knowing that you had um conditions that you were to have to meet with that kennel and Rapids did you just kind of expect that there wouldn't be one here no we
just wanted to move out from the city just to enjoy the country life so okay that's what I thought we were going okay and I do know that you stated in the Planning Commission um meeting and correct me if I'm wrong sure that um you
do have a kennel permit from Rapids no I do not you do not but you did state that at the Planning Commission correct no I said that I live there we have dogs and in order for you know if nobody complained like none of my neighbors complain okay they all love my dogs there is four neighbors surround were
surrounded by and you know on the city we're very close uhuh and two of my neighbors on each side they have small dogs and they've never had any issues and the fence that we have there it's a vinyl fence and uh nobody had ever
complained from noises or anything they Park here and there that's dogs they supposed to be doing that that's their job if they see strangers animals humans they're going to bark for a little bit and then I will correct them and they'll stop and were you aware that you needed
a permit in Kun rabbits no because at the time we had three dogs and then I had to acquire a fourth dog uh from a breeder where I bought a dog with hip condition and he offered me a free dog and that's how I ended up with that long
story short we had a litter of puppies last year it was unexpectedly I was able to place eight out of 10 pups in good homes and we ended up with two extra okay and when we purchased the property the two pups were
they were under four months old so okay trying to follow that okay um you also stated during that meeting that um you are not currently living full-time in Wyoming no because I want to make sure we get our permit before we move up here there is some improvement I
need to make to the property there's a whole bunch of stuff I need to do but I'm not going to spend money if I'm not going to get that permanence okay so um but you have had the six dogs there beforehand on and off yes when we do come to the property yes okay without
the fence or with the fence when we moved in I had to put a temporary fence like chicken wire fence just to make sure the dogs are contained you know dogs are of fait they could see squirrel they could run they could do I don't want my dogs to get hit by a car they're
not aggressive by any mean I forward Fred all the training that they I've spent tons of money on all my dogs they're all very obedient dogs and I'm sure officer familiar with K9 dogs that's what I have same dogs that they use at their Department they're very
well trained and behaved they do bark here and there but I can stop them any time okay and then you also um um during the there was a lot of conversation during the planning committing right um and I do believe that there was conversation about that um while at the
W Wyoming house there was some dogs that did escape from the fencon that was yeah when we had the chicken wire you know it's just a temporary thing it was way before we put the actual wire okay but they they escaped and nothing happened
they came I was talking with Dan one of the pups came and greeted him didn't bite him or didn't do anything like he's claiming that he's afraid of for his safety okay all right and then last question I have for you is um you just St you stated in the last meeting that
you did not read the conditions that were stated for approval is that correct yes okay and the reason why you did not read those I just didn't pay no attention to them to be honest with you I have a very busy schedule I got the email from Fred I read a little bit of it I didn't go through the whole thing
so it wasn't quite that important to you to read that before you came no it is but I didn't know that it was attached in the email okay and then um since the meeting two weeks ago and you knew the conditions right I know that there is a set time to remove the top of the fence
but here's my question since that meeting have you mowed the yard and my thought would be that you would have already taken off that top of the fence that is of question have you done that I did the lawn I'm waiting on the contractor that did the fence for me to
come and remove that as you know summer season is very busy schedule for them so I'm just waiting on them it's on their schedule to come and remove it okay I will confirm again with him tomorrow and make sure that's been taken care of okay and then you'll let Mr wack know at that time we're always in communication you
know I'm not here to break any laws I'm I'm trying to get along with all my neighbors but unfortunately I didn't get that welcome that I did in other cities I lived but you can understand no I did that and I respect that and I respect their opinion
and I'm trying to work with them they're my neighbors I'm not going to be uh painful and and cause any issues for their families that's not my intention okay thank you questions from the rest of the council um member Luger um okay I have a handful of
questions um with regard to some of the safety concerns that residents have have voiced are your dogs up to speed on their vaccines yes ma'am okay um is your vet local uh New Brighton New Brighton okay I got all the records we can okay awesome um
do any of your dogs have any history and certainly we've had dogs in the city with a history of aggression in the past okay okay uh they look intimidating though but they're oh I know I had AER they're sweethearts they're good with children
and elderly people too are they fixed uh no two of them aren't okay and the other old ones are fixed any just out of curiosity any plans for that I don't personally I don't like to fix them the older two are fixed because they have health conditions so I had to do that
for their safety but I'm pretty you know careful with that okay and we're not planning on breeding them or anything like okay um have you and you said that you haven't had any complaints from Neighbors or the city in Rapids they're fine okay and that it sounds
like you had like you had that um screening uh like the vinyl screening okay so that that stipulation will be should be help we look into installing some slats they made for these CH chain link fences we will be doing that okay
um Mr wack uh the area zoned egg right which is a huge difference from like Zone residential correct what are some other uses or animals that can go in agricultural zoning so with the 5 acre
lot um what our ordinance has is is animal units so one animal unit per two acres so on a 5 acre lot without getting any permission from the city at all you could have these are kind of combination equal to it you could have two steers or
heers two and a half horses two and a half dairy cows five pigs 12 and a half sheep 50 turkeys 50 checkin or 25 Ducks that's all without any permission from the city to do that okay um um so okay
and other things that could be in the agriculture District are also some businesses you know sure that are agricultural related not just single family dwellings it's it's not a resident it's considered a residential district when you're a house but otherwise it's not considered a residential district got it okay um has
the applicant followed the cup process yes he has okay um what and so we have 10 11 we have 10 conditions along with the the addition of the screening right yes um the nature of a conditional use
permit is that if the applicant doesn't meet the conditions then what happens the the conditional use permit could be revoked by the city there's a process for that okay um I think that is all the questions I've had oh I know and I live
in a very like a very dog Centric neighborhood so we have barking dogs all the time what happens when dogs are barking constantly for an hour hour or at you know 10:00 at night we do have a nuisance or that addresses dogs parking it's not very specific on how it's
address but it it does it does address dog part in addition to the one of the conditions on this okay and if I could add one thing when you asked about Rapids I did contact Rapids today and talked to their multip I think they call it multiple um he did not does not
have a permit like he said I also asked about any complaints that they have received um the police department is who issues those permits they have had no complaints about his property either dogs or anything else that's a perfect example yeah um final question I have and thank you for your patience uh final
question is how so my understanding from reading all the material is that they're not these dogs aren't being kept outside 2 247 no right not at all okay how I you know I know every dog owner's got their kind of their schedule for when dogs go outside the potty and get exercise and things like that can you give us kind of
an estimate throughout the day what how often your dogs would be let out how often they would be there like Hour 2 hours it is kind of hard but when they're out they're out no more than 1 hour okay for sure we only let them out when they want to go potty and then go
play for for a little bit with them burn their energy you know they need to burn their eny yep 100% otherwise they do dig and that's it okay they I mean there's no issue with the digging I promise you that because the fence and I asked Fred if anybody would like to come and visit
the site we put extra wires on the that would prevent the dogs from digging so they have to dig 90° down and then and then sideways before they can go up because it's so hard that wire made the fence so hard so there's no wiggle room for the fence to move it's pretty solid
got it okay um we know that bored dogs dig uh what can you do to prevent your dogs from getting bored if that's like one of your your neighbor's biggest concerns oh with this with this acreage they're not going to be B we're going to make sure they're always exercised and occupied and busy gotcha thank you
that's all I have Mr W can I do a follow-up question to um member Luger's question how many dogs are allowed for a kennel so he has six can you have a hundred we we've issued for a commercial kennel over 100 for for dogs so but
there's no limit the the limit is over three dogs okay after you have more than three dogs you're supposed to have a kenel permit okay and it it doesn't say up to so many dogs it just says once you have more then then you need the C okay and then the animals that you described
basically are not perceived as dangerous with the egg I mean I I'm just kind of throwing that out there right we're I I I not the same as a dog but but you can still be hurt by a horse horses kill people all the other animals there you know other than maybe the
chickens and the Ducks okay thank you I just wanted to follow up with that so M on instead yeah have a couple questions um first I was concern about the fence you canel or you put a fence around the entire property as opposed to just the
backyard creating blind spots potentially also it makes it difficult for um safety personnel Le fire um ambulance to get up to the property is there anything that we worked on to
allow access for the front gate we have an8 20 ft wide gate that it's always open like we don't we don't put a lock on it so it's it's accessible for any vehicle and then we installed a gate on the back end of the property just in
case of emergency exit so there is a gate there for exit knowing my dogs that they get gates open you have everything in place so that it can be open the way they're built I don't think they can open these Gates I'll
bring my dogs over yeah yeah maybe he'll be he'll do the test for us and I was kind of surprised that you didn't it in the backyard it's you know I mean AC why not protect the property and keep everybody inside safe yeah that's kind of the concern I'm looking around the
entire city and I don't think we have anybody else that has a entirely def property we have a future plan for this property we would like to build our forever home okay so this is just a temporary house we're staying in right now but that's going to be about a year
or two from now so the place is going to look good and maybe couple years your plan just building the house or building a business no no no no business I got plenty of businesses no no this is just our house so the the next question um
would be um currently have six dogs in the future you know as as they okay as they pass I'm assuming you're going to bring the number down or you going to keep it at six I mean I can't predict the future but I can guarantee you we will not we won't go more than
six okay it be I think the rest of the community if they knew that you have six you're moveing here but in the future I'm kind of hope to keep it down you know I mean I'm that might help I'm here to be a good member of this community and be a team player I'm not here to be
burden on anybody or cause problems for anybody because I can see moving in going I got six dogs oh I need to make sure that I'm in compliance but reducing that number in the future might be a good U starting note with the rest the people sitting
behind you right now yeah no problem no problem that's one question I got okay thank you member Jer okay since the screening is not specific how are you going to make sure that the slots coming in are we going to also require
vegetation or that was discussed during the Planning Commission meeting so there's different screening requirements that are part of the so Burns vegetation the fence with the slats I think everyone kind of agreed to the applicant that he's already got the fence to do the slaps to be be fine it
doesn't need to be brick wall so you can't see through it there can still be there'll still be some you know yeah space between the slats that that you know lighten things can come through okay and then um the
Planning Commission minutes mentioned that the the wire on top of the fence was flagged when the fence was inspected when was the fence inspected he came in for a fence permit I think after I sent you the letter yes
uh I did that and then after we finished I called it so so the fence was installed he he said they installing a 6ot chain link fence that's what he installed um so top of the six feet they added the extra wires so that made it
yeah that made it but when but when was it inspected and flagged if you can give me a minute and ask him some other questions I can bring that up oh well then if you just give me couple seconds okay I mean I was just going to say I do have an appreciation for the neighbors's concern regarding
barking dogs I walk through an area my morning walk where there are several properties that have about five to six or more more small and mediumsized dogs barking you know they're behind fences
but they're barking at me and one property did put up like kind of a screen didn't last uh that came came down really quick it didn't you know and so the dogs are still barking the dogs are climbing up on top of the fence you
know barking at me and I'm a big girl I can imagine what would be like if I was small a child walking through you know that pathway with all those dogs so yeah I could I have an appreciation for what
you guys are concerned with okay got it the fense permit was issued on April 2nd the final inspection was on May 22nd okay so then it comes back to how long do you usually have to
comply with the inspection I mean it's you said May 22nd it was flagged wires is still up you know three months later I think the applicant explain why just for contractor summmer schedule they they're just so busy I called them like
five times already uh they took two weeks vacation like last month so they can do anything and then they're like they they got me on schedule so I'm waiting on them I'll give him a call again tomorrow and I will update I'll keep I'll keep you posted on and he and
he said he after I called him on the the height of it he said he would take care of this is before the hearing so I until he doesn't I'm taking care of okay that's all I had okay member Shilling actually all of my questions
have been answered but uh I'll actually I'm the neighborhood she's speaking of there are 12 Dogs within six houses and less than an acre so it can get a little noisy because we actually have a walk path but when there's not people walking around it's you know it's normal they're not doing anything they're not reacting
to each other or anything like that I mean it's just what they do um you have the six dogs oh okay wanted to clarify that okay those are my lovely wor dogs um pretty much everything has been
answered thus far I mean you're on five acres I did see the fencing this past week I was actually on vacation I was doing something on that end of town so it was actually brought to my attention before I received the council packet so my only question and concern was the wiring and it sounds like that has been addressed it sounds like you are waiting
for that um and then the 10 conditions I really didn't have a problem with I think I had hang on one second I highlighted something here I do okay right here ah never mind I read it wrong no so
that's all that's all I have I thought it said they had to be leashed even in the fenc area I was like did I read that wrong no they don't can can I ask one more question that just occurred to me and this is for uh Mr wack how many other conditional uh residential permits
do have for for kennels dogs yeah for dogs and of those have we had issues with them at all or have the conditions that those have been granted on typically been sufficient to stay in compliance since I didn't take a count I
say there's six or seven okay um I have received no complaints after we rece we they were issued their intern permit okay so we have a pretty high standard and we have good reason to believe that the conditions are all being for the last 25 plus years I've been here by
yeah okay thank you that's all I have okay um I believe we saw four certificates of training for dogs not six right because the other two I think are still puppies so they have they're still pu both are in the process and uh one of them is being trained by local guy his name is
Mitch uh Wack he was used to be a former officer and he owns a company called Top Dog Training LLC here in Wyoming and he's training one of the dogs currently actually we have a s great all right thank you uh Mr Lunen
there's going to be just a ton of questions for me we have been in this you can sit down thank you sure thank you we have been in this position before where land use and ordinances and um what do I want to say
what council the expectations of our residents which I understand and expectations of council members is there anything you can add or or help us with if we don't okay this what happens where are we at with what this
all means based what is being said yes thank you mayor erson uh members of council um so we have talked before and I'm not going to go super deep in to sort of procedure and whatnot but you may recall that as a city
council you generally are given two broad powers and authorities it's a quasi judicial Authority and a quasi legislative Authority the Quasi legislative Authority is your authority to make laws
pass ordinances adopt zoning code Provisions um adopt comprehensive plan the Quasi judicial is when you are required to then apply those rules and those laws to certain situations most um
generally and the time where that comes up the most is when you are asked to consider land use applications variances plat approvals um or conditional interm uses and so in this instance you are wearing the Quasi
judicial hat which means that you are being asked to apply the authorities that city council whether it's you or previous City councils have already adopted as law applicable to the city do an analysis and determine whether or not the applicant in this instance the
applicant for uh this interim use permit has met the standards so with regards to this specific application um administrator W has laid it out fairly well um in the memo but just to
take it through generally the city has previously and already identified that agricultural property um a residential kennel which is this application may be conditionally permitted as an interim use I heard one
of the individuals up here noted the use of May and may is somewhat discretionary however it also does indicate that the city has identified residential kennels as a likely use that you would allow in
an egg district and then we need to do an analysis to determine whether or not this application the spefic specific facts that are before you today requesting this residential kennel um satisfy the requirements um necessary
for you as in your quasi judicial authority to determine whether it should be approved or denied this city like many cities has a process um the process first goes through your Planning Commission your Planning Commission applies the criteria they make a recommendation then you have a chance to
consider that recommendation consider how they've applied that CR criteria and determine whether or not you're going to go with the recommendation of the Planning Commission or whether or not you're going to make your own recommendation in either instance either approval or denial Council needs to make
findings of which establish the record that could be challenged on appeal and an appeal of your decision would be through the court system so here um and in any conditional use application that comes forward there's really 13 um
different criteria that the Planning Commission looks at and you as a city council are also required to look at uh Mr wck and his report has those laid out it's page 62 of your packet there's 13 questions that you are supposed to look at and apply to this application to
determine whether or not that conditional use permit should be met staff has reviewed those 13 criteria and the applicant seems to meet or satisfy all 13 of them um either very clearly or likely and again it's a determination of
council and applying those facts and and figuring it out when we're looking at um conditional use permits the other authority that's granted the council if there will be an approval is that you're able to apply then conditions that are
reasonably related to the use that must be complied with so it gives you an additional Authority this is why it's not just a permitted use it's a conditional use it allows you guys to place restrictions reasonably related to the use on the on the use on the applicant so that if those are violated
um the city then as Mr wck indicated would have the authority to to revoke that use but ultimately as we sit here today you are asked to look at the criteria that the city has adopted is to be evaluated In fairness to any
applicant including this applicant as to what needs to be met in order for the city to make a determination whether they're going to approve or deny staff has reviewed planning has reviewed and felt that approval is appropriate in this instance the findings have been prepared for an approval if Council
would be inclined to deny Council needs to come up with separate findings that would support that denial um that are in compliance with the city code and the city ordinances previously adopted so long answer feel free to to break it
apart or ask me additional questions but ultimately that's the position that the city sits in right now that's the decision that the city has to make has the applicant met the criteria necessary to allow for approval of this conditional use permit as your city has already said this is a permitted
conditional use in an EG Zone and then two are what conditions are going to apply to it um which those conditions have already been written out but additional conditions can be added again if they're reasonably related there substantial Nexus to the use that the applicant is asking
for okay thank you council is there any additional conditions you would like to put on this if I'm reading it correctly I'm comfortable with the 11 okay anyone else the only condition I would say is that it is not qu to 100 it should stay at a
lower number for total okay so you staying at six maybe so what you're suggesting is limiting the amount correct of animals or amount of dogs yes is what you're suggesting is that something that we have to take a vote on or agree upon that's item three it's already it's
already covered it's already in here cover got it no more than six oh I didn't item they were just thinking what you were all right anybody else nothing else okay have all
questions been asked and answered if so I am going to do a roll call vote please you need ation a motion yeah get my paper so I can read it all right so on resolution
24878 a resolution approving an inter interim condition conditional use permit for a residential um kennel one or i4003 for Alexander um cabalin located at
24567 Elm crust Avenue PID number 21106 24.3 do we have a motion to approve so moved motion to approve by member Schilling do we have a second second we have a second by member Luger roll call please
uh member joerger May member Schilling I member onad hi uh member Luker hi okay so um I'm gonna cast my vote before I do I want to say
this this has been a very difficult decision I have heard every single one of you I have been in the spot for the last eight years to do what is best for the all of the residents of the city of Wyoming although my heart would love to
say no to this my morals cannot allow me to do that because of what the attorney just stated and because of what we have talked about before so with that before I cast my vote I want to say I'm sorry I
do believe that our applicant will abide because they have a lot of eyes there's a lot of eyes that are going to be on you sir okay so we hope you'll come back and we're all going to be good right and the neighbors are going to come in and they're going to celebrate you right that's what I
hope okay so all right so with that I have to cast a yes vote and so it does pass and I am sorry because I know my heart says one thing but I think I believe that our applicant is definitely going to do
right otherwise we'll hear about it so all right so with that we are going to take a brief recess because we are going to have to go into close session so do we need apologize um we can move forward that item staff we'll have an update for
you on that and then you're correct we'll probably do counil ports and then go do the recess but we can move forward with that next item oh okay we will not be entering close session yeah as a point ofation we are recommending it's no longer necessary for Council to go into closed session we can proceed with the item without needing to discuss
anything in closed session there were two items the second item will still be a closed session so if you want to proceed now we don't need to go into a closed session there's nothing that we will be talking about that would be required to be closed session okay so here's what I'm going to say we can why don't we go
ahead and do Council reports then we go into a recess people can stay for that last one but then have to go should we do that I think that's probably Fair yeah yeah um okay so we're going to do actually Council reports right now so we
are going to start with member um jger oh well I scooped uh I was at National night at or night to unite and scooped like oh at least 500 or plus ice cream cones for uh everybody who came and uh
it was really great and so and we were doing it from the ice cream cones a courtesy of the friends of the library okay M Schilling uh I have no report I unfortunately missed a it night last night thank you for those coming and voicing your concerns I know it probably
wasn't the outcome you expected but uh thanks to those watching um that's all I have have a good night member onad I attended the uh Park advisory Commission on Monday night um where we went through some of the items that were covered tonight I also
attended night T night last night and uh answered questions about the dog park which if you have dogs I suggest going out there unless you have AC run fre anyways uh and then uh I uh was able to answer questions about the new Railroad
Park and help uh the city answering questions okay member Lan um I have no report I was actually for the first time in many years unable to uh attend uh night to unite due to a health issue however I saw the live streams and I saw the pictures and it looks like it was
just like fantastic so huge thank thank you to our Public Safety department as well as as donors who kicked in to make it one more amazing Community event and the live streams are still goofy we're just going to call it what it is so they're authentic call that what that is so all
right um thanks everybody for the report I say the same thing night to unite was um probably the best one that we've had so far so thanks to our Public Safety for putting that on thanks to the Lions there's a whole list on your Facebook post on everybody who was there um I do
also need to send a kudos to Public Works um you took care of a couple residents and they wanted me to send along kudos to public works for a great job so all right so uh with that we can do just a two-minute res um recess if
you guys want to leave or if you want to stay for the one more item so we will um do a five minute recess