HomeMy WebLinkAbout05-21-12 WSMinutes
Lakeville City Council Work Session
May 21, 2012
In attendance: Mayor Mark Bellows
Council Member Laurie Rieb
Council Member Kerrin Swecker
Council Member Matt Little
Council Member Colleen LaBeau
Staff. Steve Mielke, City Administrator
Dave Olson, Community and Economic Development Director
Daryl Morey, Planning Director
Mike Meyer, Fire Chief
Judi Hawkins, Deputy City Clerk
ITEM # 1. Call to order.
The meeting was called to order at 5:05 p.m. by Mayor Bellows.
ITEM #2. Citizen Comments.
There were no citizens present.
ITEM #3. Review of Patios at Liquor Establishments.
At their May 21 st regular Council agenda, Council will consider a liquor license
amendment for Babe's Sportsbar & Grill for the purpose of approving construction of an
outdoor patio on the east side of their building at 20685 Holyoke Avenue. City
Administrator Steve Mielke stated that the current patio ordinance was developed at the
time the indoor smoking ban went into effect in order to provide rules on patios at
bar /restaurants near residential properties. Carbone's at Lakeville Crossing on 160th
Street and Cedar Avenue will be asking for a liquor license amendment at a future
meeting as they are also developing plans for adding an outdoor patio. Carbone's has
submitted a conceptual plan but not a formal application.
Dave Olson explained that the patio ordinance is an extension of the liquor license, not
part of the zoning ordinance. A patio within 150 feet of residential property must close
at 10:00 p.m. with no liquor or food served or possessed on the patio after that time and
no music or other activities allowed. The patio can be used as a smoking area after
10:00 pm, but patrons may not carry food or beverages outside. Mr. Olson stated that
both of these businesses have approached the city previously asking how they might
incorporate an outdoor patio onto their business.
Babe's patio is proposed to be 27'X 57' and will eliminate seven parking spaces. The
remaining parking is within guidelines for the downtown. All patios must be enclosed
with a wall at least 42" high. As part of the State liquor laws, access to patios must be
from within the establishment with the exception of a one -way emergency exit.
Daryl Morey stated that Carbone's proposed outdoor patio is on the northeast corner of
their building and will eliminate nine parking spaces. Adequate parking within the PUD
development will continue to meet the requirements. This patio will also be less than
150 feet from residential zoning, which will require it to also close at 10:00 p.m. A stone
wall is planned as an enclosure on the south side, facing the residences, which will help
to alleviate noise for the neighborhood. The southerly 2/3 of the patio east of the
building will be covered by a roof and a 7' wood fence will enclose the patio.
Council members asked about enforcement. Staff stated that will be the responsibility of
the management and the Lakeville Police Department. A violation is a misdemeanor
and could jeopardize the establishment's liquor license. Penalties and fines can be
determined by the City.
Staff was contacted by a resident who lives near a local entertainment center and is
concerned that this could also be an option there. At this time the City has not been
approached by any other establishments requesting patio approval. Consideration of
an outdoor patio request would normally be done at the time of the annual liquor
license renewal; however, Babe's has requested approval at this time because they
would like to complete construction before Pan- O -Prog.
Mayor Bellows stated that noise complaints should be anticipated from both locations
and would like clarification on how much noise is allowed by ordinance. Mr. Olson
stated that the 10:00 p.m. closing time coincides with noise limits which exist within the
zoning ordinance. Piped -in music cannot be audible at the property line. Live
entertainment is only allowed with an outdoor entertainment permit, which is issued by
the Police Dept.
Council Members suggested that patio complaints be reviewed in a year to determine if
changes to the ordinance need to be considered. City Attorney Roger Knutson believes
that if applicants are aware of potential penalties, it will help to deter violations.
ITEM #4. ABLE Fire Training Facility Improvement Project.
Fire Chief Mike Meyer distributed a draft of the Joint Powers Agreement between the
cities of Burnsville, Eagan, Apple Valley and Lakeville for the purpose of providing a new
Class A fire training facility for use by the four cities. The current facility has become
structurally unsound and unsafe for burn simulations. The original JPA for the current
facility was approved in 1987. The new agreement defines terms of ownership and
distribution of capital costs, operating and repair expenditures, and use of the facility.
Each city will contribute $500,000 initially for construction, which is estimated to be
$1.2M to $1.6M. Any fund balance will be used for operating costs or other projects at
the site. Chief Meyer stated that the first priority for any remaining funds would be an
open -air shelter at the site. The City of Burnsville will be the fiscal agent.
The life expectancy of the building is 25 -30 years. Completion is anticipated in July
2013.
Following final review by the City Attorney, staff will bring the proposal to Council in
June for consideration.
ITEM #5. Arts Center Board Applicant Discussion
At the April 23, 2012 Work Session, Council discussed filling the vacancy on the Lakeville
Area Arts Center Board. Council directed staff to contact two applicants from 2011 to
determine if they are still interested in filling the vacancy. Applicants Jeanne Hutter and
Amy Holtzman will be contacted.
ITEM #6. Other
a. Special CIP Work Session in June
Staff is recommending a special CIP work session to be held in June or July at a different
time than the operating budget meetings. Council members agreed to set the CIP Work
Session for June 18 before the regular meeting.
b. Inter - agency Committee /Board Reports:
There were no other reports.
ITEM #7. Adjourn to a closed meeting.
Motion was made by LaBeau, seconded by Rieb, to adjourn to a closed meeting to
consider a Letter of Intent on Outlots B and D, King's Creek Greenway Addition.
City Administrator Steve Mielke provided a historical background of the subject
property. Council discussed the Letter of Intent and possible alternatives.
ITEM #8. Adjourn
The meeting adjourned at 6:45 p.m.
Respectfully submitted,
a'd aU. 1,
J di Hawkins, Deputy Clerk
Mark Bellows, Mayor