HomeMy WebLinkAbout04-07-08 CITY OF tAKEVILLE COUNCIL MEETING
APRIL 7, 2008
Mayor Dahl called the meeting to order at 7:00 p.m. The pledge of
allegiance to the flag wasgiven.
Roll call was taken. Present: Council Members Bellows, Swecker, Rieb,
Wulff and Mayor Dahl
Also .present: R. Knutson, City Attorney; S. Mielke, City Administrator; K.
Nelson, City Engineer; D. Olson, Community 8~ Economic Development
Director; D. Feller, Finance Director; S. Michaud, Parks & Recreation
Director; T. Vonhof, Police Chief; D. Morey, Planning Director; B. Anderson,
Assistant to City Administrator; C. Friedges, City Clerk.
Mr. Mielke had no additional agenda information.
Presentations/Introductions.-
Mr. Michaud stated Arbor Day festivities are scheduled to take place at
Valley Lake Park on Saturday, May 3~d. Council Member Swecker read
-the proclamation. declaring May 3, 2008 Arbor .Day in the City of Lakeville.
Citizens' Comments
Dennis Magnuson, 16394 Kent Trail -voiced concerns regarding the
issuance of a liquor license to Brunswick Zone, the extension of Kent Trail.
and the safety of his neighborhood.
Harley Horsager, 17141 Jaybell Court -representing the Lakeville Friends of
the Environment, expressed his concern regarding the level of e coli in the
portion of North Creek located between 175t" Street and Hyland Avenue
caused, in part, by animal feces, and his desire to raise public awareness
of this problem so that it can be prevented in the future.
Ginny Lampert, 11062 Kenora Way -asked if he petition that was
presented at the March 17t" City Council meeting calling for a ballot
question on the issuance of liquor licenses would be forwarded to the
Minnesota Attorney General for an opinion. Mayor Dahl indicated that
the City Attorney has responded to the petition.
CfTY OF LAKEVILLE COUNCIL MEETING
APRIL 7, 2008
Page 2
Consent Agenda
Mr. Mielke highlighted consent agenda items f, g, i; n and u. Council
Members Bellows and Swecker stated they. would abstain from voting on
the consent agenda due to conflicts of interest.
08.36 Motion was made and seconded to approve the consent agenda items.
as follows:
a. Claims for payment..-
b. Minutes of the March 17, 2008 City Council meeting.
c. Receive minutes of the March 20, 2008 Planning Commission.
meeting.
d. Resolution No. 08-46 appointing advisory board for Special Service
District No. 1.
e. Resolution No. 08-47 amending the 2008 Schedule of Fees...
f. Joint Powers Agreement with Dakota County for CSAH 50
(Kenwood Trail) and Jubilee Way traffic signal installation,
Improvement Project 08-06.
g. Joint Powers Agreement with Dakota County-and the City of Apple
Valley for Flagstaff Avenue at CSAH 46 intersection improvements,
.Improvement Project 03-08.
h. Resolution No. 08-48 receiving bids and awarding contract for
Districts 6 and 7 sealcoating, Improvement Project 08-02.
i. Resolution No. 08-49 receiving bids and awarding contract for street
reclamation in portions of Donnay's Valley Park 3rd Addition and
Niakwa Village 1St and 3rd Additions, Improvement Project 08-O1.
j. Joint Powers Agreement with Vermillion River Watershed Joint
Powers Organization and Resolution No. 08-50 :authorizing Barr
Engineering to complete a feasibility report and design for 205th.
Street channel stabilization, Improvement Project 07-16.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 7, 2008
Page 3
k. Final acceptance of public utilities and street improvements in
Prairie Lake 8th Addition.
1. City of Lakeville 2008 utility and street construe#ion standard
specifications.
m. Renewal of tree service operator license for Oleson Tree Service.
n. Temporary on-sale liquor license-for Lakeville Rotary Club for the.
Taste of Lakeville event on May 15, 2008.
o. Tullamore preliminary plat one-year extension.
p. Stoneridge preliminary plat one-year extension .
q. Special home occupation permit for Jill Hendrickson to allow
natural healing services at 7095 - 168th Street West.
r. Sixteenth Amendment to the 1992 Joint-Powers Agreement
between Dakota County arid the City of Lakeville for the 2008
Waste Abatement Community Funding.
s. Resolution No. 08-51 authorizing the sale of unclaimed bicycles and
approving a contract with Valek Auctioneering.
t. .Resolution No. 08-52 approving change orders for the Police
.Department project.
u. Professional Services Agreement with Lakeville Police Chaplain
Services.
v. Authorize distribution of First Park Lakeville Project. Final Alternative
Urban Areawide Review (AUAR) and mitigation plan for the 10-day
review and comment.
w. Resolution No. 08-53 approving change orders for Lakeville Arena
project.
x. Engineering Services. Agreement with Mattson MacDonald Young
for the installation of an overhead crane at the Central
Maintenance Facility.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 7, 2008
Page 4
y. Resolution No. 08-54 approving a lawful gambling premise permit
for Lakeville VFW Post 210., 8790 Upper 208th Street. West.
.Roll call was taken on the motion. Ayes, Dahl, Rieb and Wulff. Bellows
and Swecker abstained.
Item 7 -Liquor License Public Hearing for Brunswick Zone XL-Lakeville
Mayor Dahl opened the public hearing on the application of Leiserv, Inc.,
d.b.a.. Brunswick Zone XL-Lakeville, for an on-sale. and Sunday liquor
license: at 1 11 29-1 62nd Street West. The City Clerk attested to legal notice
publication.
Don MacBrayne, National Operations Director for Brunswick Zone-XL,
.provided a detailed overview of the. proposed facility, which will include
38 bowling lanes, a game room and prize zone, Lazer tag arena,
recreation/restaurant area with billiard tables and large screen TVs. The
facility .includes three meeting/event rooms, which are offered free of
charge to non-profitgroups. The facility also has a Cafe and full-service
kitchen.. He explained that the facility's target market includes families
with children, bowling and billiard league customers, open bowlers,
corporate/business functions and child/youth birthday parties.
Mr. MacBrayne explained the company's policies with respect to alcohol
service, which mandates that all bar. staff and management must
maintain TIPS. certification.. In addition, all employees must complete.
Brunswick's in-house alcohol training program, which enables all
employees the knowledge necessary to assist in the identification of
alcohol related warning signs, assisting management in preventing
.intoxication from occurring.. The facility has a team of seven managers,
and at least one manager is on duty every hour that the facility is open.
There are digital security cameras inside and outside the. building. There
are also six ID scanners throughout the building. Mr. MacBrayne pointed
out that Brunswick currently operates more than 100 bowling centers in
the United States. Not one single alcohol violation occurred during 2007
or 2008. One violation occurred during 2006, and four violations occurred
in 2005.
Police Chief Vonhof provided general information regarding the. issuance
of Liquor1icenses and the. Police Department's review of applications and
CITY OF LAKEVItLE COUNCIL MEETING
APRIL 7, 2008
Page 5
the conduct of background investigations on the applicants and on-site
managers. He also explained the department's active management of
licensed establishments to assure that they are constantly in compliance
with city ordinances and state statutes. The Police Department offers TIPS
training, which is a voluntary program under the current ordinance.
Sergeant ,Knutson presented. the police report. on the application. He
explained that background checks were conducted on the manager
and corporate officers, and all checks were clear. He stated he visited
the three metro area Brunswick Zones and interviewed management at
the Blaine location, which is similar in layout and customer base to the
.proposed Lakeville facility. He reported that background investigations
and site visits revealed no issues that would cause the Police Department
to recommend denial of a liquor license to Leiserv, Inca
Sergeant Knutson stated approval of the liquor license. should be subject
to the applicant's receipt of a liquor: tax. stamp. from the Federal
Government and a certificate of occupancy from the Lakeville Building
.Inspector. The facility anticipates a late 2008 opening, and the license
would be effective from the date it is issued until June 30, 2009.
Mayor Dahl opened the public. hearing to questions .and comments from
members of the audience.
Mary Larson, 11 135 Kenora Way -asked Brunswick to explain how they
control access to alcohol by minors and their company's policy on
.juvenile curfew enforcement.-
Greg Porten, 11050 Kenora Way -asked the .Council. to deny the liquor
license or prohibit the sale of liquor on Sunday anal after 10 p.m.
Terry Marshik, 16338 Kent Trail -asked the Council to prohibit the
advertising of happy hour and daily drink specials. She stated she feels
the liquor license application submitted by Leiserv, Inc. is still incomplete.
John Stronczer, 16366 Kent Trail -asked the Council to prohibit the serving
of alcohol prior to 5:00 p.m., after 10:00 p.m. and on Sunday.
Chris Drake, 1 1242 Kenworth Lane -stated he has seen alcohol-related
problems at the Eden Prairie Brunswick Zone.: He stated he created the
CITY OF LAKEVILLE COUNCfL MEETING
APRIL 7, 2008
.Page 6
Protect Lakeville website and asked that if the Council approves a liquor
license, the hours should be limited.
Jan Arneson, 1:1120 Kenora. Way -asked if alcohol is allowed in the game
room or Lazer tag areas. She asked that the facility not be allowed to
serve pitchers or buckets of beer and to prohibit the sale of alcohol after
10 p.m. during the week and midnight on Friday and Saturday..
Shirley Groves, .11155 Kendra Way -stated she is opposed to allowing
alcohol at this facility due to its close. proximity to her property.. -She
suggested the hours of operation be limited, similar to Crystal Lake Golf
Course.
Dovg Arneson, 1 i 120 Kendra Way -spoke about crime statistics at other
Brunswick Zone locations and .asked- how alcohol related. problems are
monitored.
-Todd Bornhauser, Executive Director of the Lakeville Area Chamber of
Commerce -stated the Chamber of Commerce supports the issuance of
this liquor license.
Jo Baker, Dakota County Chapter of Mothers Against Drunk Driving
(MADD) -stated alcohol and children do not mix.
Bob Sommerdorf, 1 I 1 I S Kenora Way -asked how Brunswick deals with a
minor who arrives at the facility under the influence of alcohol. He also
asked how the neighbors can be assured that. the exterior cameras would
not invade their privacy..
Ron Gerk, 1 0466-1 75th Street - voiced a concern with Sunday liquor sales
and the location of several churches in the area.
Ginny LamperF, 11062 Kendra Way -.asked the Council to table this item
until the applicant can demonstrate that the immediate neighborhood
.and surrounding residential neighborhoods and churches do not objecf
to the business and until the City's liquor ordinance is amended to
address entertainment facilities.
Tom Walkington, 16555 Klamath Terrace - voiced a concern regarding
the potential for. an increase in litter.
CITY OF LAKfVILLE COUNCIL MEETING
.APRIL 7, 2008.
page 7
08.37 .Motion was made and seconded to close the public hearing.
Roll call was taken on the motion. Ayes, unanimous.
Mr. MacBrayne responded to the following questions that were raised by
the residents:
Minors and mixed company -Brunswick staff located at the main
entrance on Fridays and Saturdays to inspect and scan. IDs and offer wrist
bands to patrons over the age of 21. Anyone who appears to be under
- the age of 30 is re-carded if they move to another location within the
facility. Servers are assigned to only six lanes so that activity can be
closely monitored.
Underage persons who appear to be intoxicated when they enter the
facility -Brunswick staff would offer to contact the minor's parents to
have that person removed.
Monitoring of alcohol-related problems - a communication (Red) book is
.maintained by the management staff.
Where is alcohol served or allowed within the facility -the license allows
alcohol to be consumed in all public areas within the facility; however,
there is no alcohol service in the game rooms. or Lazer tag areas.
Parking lot security .cameras intruding into residential areas -cameras are
mounted on the building to monitor the parking lot; they have no reason
or desire to point the cameras into the residential areas.
Juvenile curfew enforcement..- Brunswick officials will participate with the
Lakeville Police Department.
Hours of operation -Brunswick proposes the hours of 11 a.m. to midnight
on Sunday through Thursday and 1 l a.m. to 2 a.m. on the weekends. Last
call for food and alcohol occurs 45 minutes before closing.
Council Member Bellows stated that based on the revenue figures at the
Blaine location and the close proximity of this facility to the McDonald's
fast-food restaurant, he feels Brunswick will. have a difficult time meeting
the City's 50% food to alcohol ratio.. We suggested that the Council go on
record opposed to lowering the 50% food requirement.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 7, 2008
:Page 8
.:Mayor Dahl asked the Council to respond to a request by the residents for
.restrictions to alcohol serving times.
Council Member Wulff stated she would be willing to restrict the hours for
the sale. of alcohol to 11 p.m. during the week and 1 a.m. on the
weekends and prohibit happy hour and drink specials.
Mr. MacBrayne asked the Council to allow their business practice to be
measured rather than: impose arbitrary restrictions. He stated they would
be willing to comply-with a 1 a.m. closing restriction on the weekends and
.midnight during the week..
Council Member. Swecker stated she feels it would be appropriate. to
restrict the hours at this time and evaluate those restrictions when the
license is renewed.
Council Member Rieb stafed she would not support .placing arbitrary
restrictions on this. business. and feels they should have the same
opportunities afforded other businesses in Lakeville. Their business
practice would be evaluated next year when the Council considers
renewal of the liquor license, and restrictions could be imposed at that
time if circumstances warrant them.
-Mayor Dahl agreed with Council Member Rieb and stated she is not
willing to presume that Brunswick would fail to do what is right and. in the
best interests of the community.
Council Member Bellows stated he feels this facility is unique and should
not be compared to other restaurants in the city that have liquor licenses.
After visiting the Blaine location, which is very attractive to young people,
he feels the Council would be granting a liquor license to a teen center.
Because of the close proximity to McDonald's,_he feels there will be
constant nuisance and loitering calls to this facility.
08.38 Motion was made and seconded to grant an on-sale intoxicating liquor
license and a Sunday liquor license to Leiserv, Inc., d.b.a. Brunswick Zone
XL-Lakeville, 1 l 129-162nd Street West, subject to receipt of a certificate of
occupancy from the City of Lakeville Building Inspector- and the applicant
obtaining a Federal liquor tax stamp.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 7, 2008
Page 9
Council Member Bellows offered an amendment to the motion to not
allow happy hour and drink specials and to require a closing time of 11
p.m. on weekdays and 1 a.m. on weekends. The amendment died due
to lack of a second.
Roll call was taken on the main motion. Ayes, Dahl, Swecker, Rieb, Wulff.
Nay; Bellows.
Item $ -Metro Equity Management, 20675 Holt Avenue
The Community & Economic Development Director presented a
conditional use. permit to allow the expansion of an existing off-site
.parking lot at the northwesf corner of Holt Avenue and 207th Street onto
property,tothe north at 20675 Holt Avenue. The applicant is also
requesting a variance to reduce the 15 foot setback adjacent to Holt
Avenue to approximately 1 1.3 feet. .The 3.7 foot variance is .being
requested to allow the parking lot to be designed with the parking stalls
facing easf and west, at the request of the residents to the north.
The Planning Commission held a public hearing on the request and
.recommended approval subject to four stipulations, including a resolution
designating a no parking zone on the north side of 207th Street between
Holyoke Avenue and Holt Avenue adjacent to the parking lot.. The
applicant has. revised the plans as discussed at the Planning Commission
meeting to address the concerns raised by the adjacent residents.
Mr. Olson stated the expanded parking lot will provide additional parking
for the post office and downtown area. The applicant hopes t
complete the project prior to this year's Pan-O-Prog celebration.
08.39 Motion was made and seconded to receive the Planning Commission's
Findings of Fact and Recommendation and approve the following
• Conditional use permit to allow the expansion of an off-site parking
area on Lots 7 and 8, Block 1, Berres Addition, located within the C-
CBD, Commercial-Central Business District;
• Variance from the required 15-foot parking lot setback adjacent to
Holt Avenve;
• Resolution No. 08-55 designating a no parking zone on the north
side of 207th Street between. Holyoke Avenue and Holt Avenue,
adjacent to the parking lot.
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 7, 2008
Page 10
Roll call was taken on .the motion. Ayes, unanimous.
Item 9 -Redevelopment Incentive Grant Program Agreement with. Dakota
County CDA for Downtown Market Park Parking Lot.
Mr. Olson presented a proposed Redevelopment Incentive Grant
Program Agreement with the Dakota County Community Development
Agency (CDA) in the amount of $200,000 for construction of the
downtown Market Park project. He also requested approval of a
resolution ordering the public improvement and .preparation of plans and
specifications. Included as part of the Downtown. Development -Guide
approved by the City Council in December 2006, is a plan for a public
plaza and parking lot at 208t" Street and Holyoke Avenue. The project will
consist of a public parking area with adjacenf streetscape improvements
and will provide a permanent location for the Farmers Market and other
downtown. events. The City. previously received a commitment from the
Dakota County CDA for $350,000 in tax increment financing assistance for
this project, which. is estimated to cost a total of $600,000..
Mr. Melke thanked ?vletro Equity Management, the Dakota County CDA
and the Economic Development Department staff for bringing this .project
to fruition.
08.40 Motion was made and seconded to .approve a Redevelopment Incentive
Grant Agreement with the Dakota County Community Development
Agency and Resolution No. 08-56 ordering a public improvement project
for the Downtown Market Park parking lot project.
Roll call. was taken on the motion. Ryes, unanimous.
Item t0 -.City Code Amendment Concerning Social blasts
-Chief Vonhof presented the proposed amendment to Title 5 of the
Lakeville City Code concerning social hosts. The purpose of .the
ordinance is to .discourage underage possession and .consumption of
alcohol, even if done within the confines of a private residence, anal
would hold persons criminally responsible who host events or gatherings.
where persons under 21 years of age possess or consume alcohol,
regardless of whether the person hosting the event or gathering supplied
the alcohol. He explained that the City Council received the proposed
CITY OF LAKEVILLE COUNCIL MEETING
APRIL 7, 2008
Page 11
ordinance amendment at its March 3~d Council meeting and seta 30 day
public comment period. The only comments received duringthat period
were in support of the. social host ordinance.
08.41. Motion was made and seconded to adopt Ordinance No. 836 amending
Title 5 of the Lakeville City Code concerning social hosts.
Roll call was taken on the motion. Ayes, unanimous.
New Business None
Announcements:
• Tree sale expanded to 525 trees -deadline is Friday, April l 1 rr,
• Next regular Council meeting - Apri! 21, 2008
Mayor Dahl adjourned the meeting at 9:56 p.m.
Respectfully submi#ted,
Ch lene Friedges, C~ Clerk
H y Dahl ay r