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HomeMy WebLinkAbout04-28-14 WSCITY OF LAKEVILLE CITY COUNCIL WORK SESSION MINUTES April 28, 2014 Mayor Little called the meeting to order at 6 p.m. in the Marion Conference Room at City Hall. Members Present: Council Members Swecker, LaBeau, Anderson, and Davis, and Mayor Little 2. Interview advisory board applicants The following advisory committee applicants were interviewed: • Owen Gohlke, for Finance Committee • Lynn Krejci, for Arts Center Board Council directed staff to place the appointments on the next Council agenda. 3. Citizen Comments There were no citizen comments. 4. Closed attorney client meeting with the City Attorney to discuss litigation strategy relating to a pending class action lawsuit captioned, "City of Richmond on behalf of itself and all similarly situated entities versus Delphi Automotive, LLP, et al." Council closed the work session to discuss pending litigation. Also present: City Administrator Steve Mielke, City Attorney Tom Scott Mayor Little reopened the meeting at 7:00 p.m. Additional Staff Present: Dave Olson, Community and Economic Development Director; Brett Altergott, Parks and Recreation Director; John Hennen, Parks Supervisor; Allyn Kuennen, Administrative Services Manager; Brenda Visnovec, Liquor Operations Director, and Judi Hawkins, Deputy City Clerk 5. Request to amend Liquor Ordinance re: Outdoor Patio Hours Dave Olson presented a request from Carbone's Bar and Grill to amend the City Code regarding hours of operation for serving alcohol and food on their adjoining patio. Carbone's Bar and Grill is located in Lakeville Crossing west of Cedar Avenue and south of 1601 Street in a retail center owned by Paster Enterprises. In July 2012 Carbone's liquor license was extended to allow sales of alcohol on their outdoor patio. The City Code currently limits the hours of operation for serving liquor or food on an outdoor patio to 7:00 a.m. to 10:00 p.m. if the patio is located within 150 feet of a residential district, which currently only pertains to Carbone's and Babe's. Carbone's is requesting amendment of the City Code so food and alcohol can be served on their patio until 11:00 p.m. Sunday through Thursday nights and until 12:00 a.m. on Friday and Saturday nights. Mr. Olson stated that staff is not aware of any complaints from the adjacent neighborhood since the Carbone's patio has been in operation. Ken Henk, representing Paster Enterprises, stated that City Council Work Session April 28, 2014 Page -2- they are also not aware of any noise complaints. Mr. Henk stated that the patio was constructed with a solid rear wall and a partial roof in order to minimize noise issues. Council Member LaBeau would like nearby residents who might be affected by noise to have an opportunity to comment. Council Member Davis stated that ordinances need to be crafted so that all businesses are treated equally. Since the ordinance is not specific to zoning districts, any amendment would affect other patios such as at Babe's and Porter House as well as Carbone's. Swecker asked about noise amplification during broadcasts of sporting events on the outdoor TVs. John Wilkus, representing Carbone's, stated that they have also been hosting some live music on Thursday nights and have not gotten any complaints from either activity. He stated that they are careful to serve patrons early enough to allow adequate time to consume food or alcohol prior to 10:00 p.m. when the patio closes. Council Member Anderson asked if there was any allowance for an exception; he believes it is a different situation than Babe's in that the noise would be directed back to the commercial area and not to the houses, as it would be in the downtown. Mr. Mielke stated that any departure from the current rules needs to be dealt with through an ordinance amendment, which could include a clause regarding direction of noise and considered on a store by store basis. Swecker believes that could be unfair to other businesses and the ordinance should be consistent. She stated that when the ordinance was originally written Council gave the closing time a great deal of consideration and it seems to be working well. Davis agreed that if the ordinance is rewritten it should include all patios regardless of their location. LaBeau believes the surrounding area needs to be considered. A representative from Babe's was present and stated that they closely monitor patio activity and have not received any complaints. Mayor Little asked if 11:00 p.m. meets the long-term needs of the business or if another extension will be requested. Ms. Wilkus stated that 11:00 p.m. is consistent with the hours of Carbone's kitchen which they do not plan to extend. Little also believes the rules need to be uniform for all patios. Dave Olson pointed out that currently the hours are different for patios which are 150 feet or less from residential properties. Council directed staff to further explore options for extending patio operating hours and the process for amending the ordinance, including public input, and to place this agenda item on the May 12 work session or May 19 Council meeting for further discussion. 6. King Park Field Lighting Project Parks and Recreation Director Brett Altergott introduced Russ McGill, Lakeville Baseball Association (LBA) Commissioner, and Chuck Ryan, LBA Fields/Facilities Director. Mr. Altergott stated that the City's existing park system currently consists of 14 baseball fields, none of which City Council Work Session April 28, 2014 Page -3- include field lighting. The only lit fields in the system are four softball fields at Aronson Park. For several years the LBA and staff have discussed the need for lighting baseball fields to allow play later into the evening and to avoid the need to construct additional fields. The particular lighting needs are for the 90 -foot fields and the Miracle League field. The LBA has committed to donating funds for field lighting, beginning with King Park, including the Miracle Field, parking lot and trail lighting. The LBA will donate $150,000 initially toward the estimated cost of between $1.7 and $1.9 M and make additional donations the following years. Staff will propose the lighting project in the 2015-19 Parks CIP which will be presented to Council as part of the 2015 budget review process. The proposed Musco Lighting system has minimal light spillage. The computer -programmed system does not require on-site operation. Mr. Ryan stated that lights would allow the fields to be used for two games per night and ensure that games are completed by a certain time. The LBA has financially supported many park improvements including lighting at Quigley -Sime, batting cages at King Park, and dugouts at Michaud Park. Competition exists with other communities that are able to offer lighted fields for leagues and tournaments, especially on the weekends. Council Member LaBeau asked which would be the more important project to the LBA - field lighting or trail/parking lot paving. Mr. Ryan stated the LBA's priority would be the paving projects due to the importance of accessibility to the Miracle Field and future playground. They also wish to support the Miracle League which is funded through donations. Council Member Davis stated that lighted fields are important to the success of the LBA program. Mielke stressed the importance of proper signage that would inform the community and potential developers and homebuyers about future lights on these fields if the Council decides to support the project. Anderson requested details on the estimated cost of the lighting project. Altergott reviewed the estimated budget and stated that part of the cost is to extend the irrigation system from the ponding area to the lighted fields to increase playability. Council will consider the lighting project as part of the 2015-2019 Parks CIP. 7. King Park Playground Project Brett Altergott introduced Charlie Colvin from Flagship Recreation. Staff has been working with Flagship Recreation, the local representative of Landscape Structures Inc., on the design of a Universal playground for King Park. This type of playground incorporates designs which allow wheelchair accessibility and enhances the play experience for children with mobility, sensory and cognitive challenges. The South Metro Miracle League has committed to donating $50,000 for the playground which would be near the Miracle Field at King Park. The 2014 Parks CIP includes $100,000 for the Universal playground. City Council Work Session April 28, 2014 Page -4- Lakeville staff and the South Metro Miracle League are proposing a baseball -themed playground design with a poured -in-place (PIP) surface. Other surface options were discussed but the Miracle League believes that even though it is the most expensive the PIP option provides the best surface and accessibility for users. If the playground is approved by Council, Landscape Structures has committed to donating a zip cruise component. Council Member Swecker asked about a wheelchair swing; Mr. Colvin stated that this type of equipment does not yet meet their safety guidelines. Minnesota Energy Resources has also made a $5,000 commitment toward the playground. Some trail relocation would be needed as part of the playground installation. LaBeau stated that her comments regarding parks have sometimes been misunderstood or misquoted; she is most supportive of projects such as this that provide the opportunity for multiple uses at one park. Council Member Davis asked about maintenance issues with the PIP surface and wants to be certain that a good warranty is included. Mr. Colvin stated that the surface can be expected to last 7-10 years before any maintenance is needed. He stated that a variety of cities are in the process of doing similar projects and this is most often the surface of choice. Little asked Council members if there was any other piece of playground equipment they would like to include. Suggestions were a roller slide, roller table, or a second `cozy dome'. The total estimated cost of the project is $180,816. Funding would be from park dedication ($100,000); Miracle League donation ($50,000); MN Energy Resources donation ($5,000); and savings from the King Park parking lot construction. The remaining $20,816 is proposed to come from park dedication dollars and/or additional donations or fundraising efforts. The timeline for completion of the project would be July of 2014. Council Member LaBeau would like to see the updated Park Plan before recommending approval. Council directed staff to proceed with the purchase and installation of a Universal playground for King Park with a full poured -in-place (PIP) surface at a cost of $180,816. 8. Canada Goose Management - Antlers Park The flocking of Canada geese has become a significant problem at Antlers Park and Beach and is a nuisance for park users. Park Maintenance staff spends a large amount of time on clean-up especially from mid-June to mid-July when the adult geese are unable to fly due to molting season and goslings are too young to fly. The droppings also result in increased E -coli bacteria levels which create a water quality and health issue. Several goose management options have been researched and/or attempted including goose repellants which were costly and not effective. At staffs request a proposal was submitted by Canada Goose Management, Inc. (CGMI) to capture and remove the adult geese and goslings from Antlers Park and Beach and Lake Marion from City Council Work Session April 28, 2014 Page -5- mid-June to mid-July at a cost not to exceed $2,000 per year. Adult birds captured by CGMI are brought to a processing plant then donated to Second Harvest food shelf. Goslings are donated to a wildlife facility. CGMI recommends continuing the procedure for several consecutive seasons to maximize its effectiveness. Trapping will be done on park property as much as possible but if necessary they will use private property with the homeowner's permission. Tom Keefe, President of CGMI, stated that in working with nearly 100 clients this method has been successful in reducing the goose population by removing birds that have not yet established an annual nesting pattern in a certain location. He estimated the goose population in the metro area has been reduced from 300,000 to 15-20,000, which he believes is becoming more tolerable. The company operates under a DNR permit and complies with the Migratory Bird Act. Council directed staff to work with CGMI and the Lake Marion Association on how to proceed with goose management at Antlers Park and Beach and to put this item on the May 191 agenda. 9. North Creek Greenway Project In 2011 former Parks and Recreation Director Steve Michaud and Dakota County jointly applied for a Federal Transportation Enhancement (TE) grant through the Metropolitan Council to enhance the North Creek Greenway. In 2012 a TE grant in the amount of $899,410 was awarded for the 14 -mile greenway, which will connect Dakota County communities as well as regional parks, the Minnesota Zoo, and local attractions. The portion of the greenway in Lakeville runs south from the Apple Valley border through East Community Park and follows North Creek to the Farmington border. It is proposed to include a bridge across the North Creek and a trailhead building in East Park with parking, permanent restrooms, drinking water and benches. At the time of the grant application, it was anticipated that the TE funds would cover 80% of the construction costs and the County would fund the remaining 20%, including acquisition. The original grant application included a 30 -foot bridge crossing over North Creek; however, it has been determined that the bridge crossing would need to be between 80-100 feet. A hydrologic model will be completed to determine any impacts or changes to the flood stage elevations of the creek. Staff presented two scenarios: Scenario #I is a combination bridge and boardwalk crossing with an estimated construction cost of $1,590,000, plus design -associated costs of $254,000. Scenario #2 is a smaller 80-100 foot bridge section and paved trail with a cost of $1,260,000, plus design -associated costs of $121,000. Neither scenario includes design and construction administration services associated with the trailhead building. The scope of the project would be determined by designing and creating the models. Staff and WSB believe Scenario #2 would be the most feasible, however it is difficult to estimate project costs until the design is complete. Anderson asked if there would be an opportunity to re- City Council Work Session April 28, 2014 Page -6- apply for additional funds. Altergott stated that if other grant awards were declined Federal TE funds could become available. Likewise, if Council chooses not to proceed with the project these funds would be forfeited to another project outside of Lakeville. Council directed staff to proceed with the design of the North Creek Greenway Project as proposed by staff in order to more accurately estimate construction costs. 10. Proposed Purchase of Property for Future Liquor Store Brenda Visnovec provided background information on the liquor operation locations and stated that while sales have doubled there have only been 3,000 square feet added to the total store space since 1997. Staff believes a fourth store is needed and would be profitable. A 4.52 acre location north of CR 70 and west of I-35 has been negotiated at $10 per square foot, which staff believes is extremely competitive based on recent nearby sales. A market study completed by Dakota World Wide recommends this location to service the residents of southern Lakeville and beyond, where population and retail are both expanding. Although it is anticipated that the conditions will be right for building the store in two to three years, staff believes it would be prudent to complete the land acquisition now while the opportunity exists. Purchase of both available lots would provide the most flexibility for design and be the most cost effective. The portion of property which is not used for the store can be resold in the future to help recover some of the cost. Mayor Little expressed concerns about future legislation which would allow wine in grocery. Visnovec stated that there are several grocers who currently sell wine and other alcohol, but they have a separate entrance to the liquor portion of their stores. This would not be allowed in Lakeville due to the municipal liquor ordinance. Little would like staff to consider what innovative features might be included in the new store to set it apart as a destination. Council directed staff to proceed with the purchase of both available lots at the negotiated price and to place the purchase agreement on the May 5, 2014 council agenda for consideration. 11. Other The LNHS Senior Awards night is Monday, May 12, the same night as the Council's May work session. Some suggestions were made for a delegate from the City to present the awards; staff will recruit an appropriate representative. Mayor Little announced that Celebration Church has committed to funding DARTS senior transportation for the next four years at $5,000 per year. Council Member LaBeau believes more churches will step forward with additional assistance. City Council Work Session April 28, 2014 Page -7- Council Member Anderson asked if others would be interested in reserving a Council member float for the Pan-O-Prog parade and riding as a group. Judi will arrange the details with the Pan- O-Prog parade chair. The parade will be held on Saturday, July 121 beginning at 5:30 p.m. Council Member LaBeau stated that the Personnel Committee would like to begin working on Steve Mielke's annual review, starting with his self-evaluation. He will provide that to the Council as soon as he is able. Due to rainy weather MnDOT has postponed the I-35 lane closures between CR70 and CR50. 12. Adjourn Mayor Little adjourned the meeting at 9:55 p.m. Respectfully submitted, J ' awkins, Deputy Jerk Matt iittle, Mayor