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HomeMy WebLinkAbout06-02-14CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES June 2, 2014 Mayor Little called the meeting to order at 7:00 p.m. in the Council Chambers at City Hall. Members Present: Mayor Little, Council Members Davis, Swecker, Anderson and LaBeau Staff Present: Steve Mielke, City Administrator; Roger Knutson, City Attorney; Jeff Long, Police Chief; Chris Petree, Public Works Director; David Olson, Community & Economic Development Director; Brett Altergott, Parks & Recreation Director; Daryl Morey, Planning Director; Brenda Visnovec, Liquor Manager; Charlene Friedges, City Clerk 3. Citizen Comments None 4. Additional Agenda Information None 5. Presentations/Introductions Chief Long asked the City Council to proclaim Tuesday, August 5, 2014 Night to Unite in Lakeville. Council Member Davis read the proclamation. Chief Long introduced Police Officers Bernard Loosbrock and Andrew Schoo. Mayor Little administered the oath of office to Officers Loosbrock and Schoo. Chris Petree presented the May Public Works Department monthly report. 6. Consent Agenda Motion was made by Anderson, seconded by LaBeau to approve the consent agenda items as follows: a. Claims for payment b. Minutes of the May 19, 2014 City Council meeting c. Minutes of the May 12, 2014 Council work session d. Amended and Restated Joint Powers Agreement with Dakota County for engineering, right-of-way acquisition and construction of the Kenwood Trail/185th Street roundabout and highway expansion project City Council Meeting Minutes, June 2, 2014 Page 2 e. Resolution No. 14-44 accepting bids and awarding contract for King Park playground surfacing and authorize purchase of playground equipment from Flagship Recreation, LLC, Improvement Project 14-15 f. Professional Services Proposal from WSB & Associates for final design and engineering services and the preparation of construction documents for Summerlyn Park g. Extension of on -sale liquor license for Babe's Sportsbar & Grill to utilize the fenced -in parking lot for Pan-O-Prog events h. Resolution No. 14-45 approving the final plat of Autumn Meadows Third Addition Findings of fact and variance to allow the expansion of an existing home located at 7440- 1W' Street j. Authorize sale of 2006 New Holland TV -145 bi-directional tractor and Diamond mower to the City of Elko New Market for $50,000 k. Resolution No. 14-46 establishing an Absentee Ballot Board Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau 7. Dodd Crossing Peggy Carlson, representing Manley Development, Inc. requested Council approval of the Dodd Crossing preliminary plat. Planning Director Daryl Morey presented the proposed preliminary plat of 67 single family lots and three outlots on approximately 31 acres of land located south of 160' Street, west of Pilot Knob Road and north of Dodd Boulevard. In conjunction with the preliminary plat, the developer is requesting an amendment to the Comprehensive Plan, a rezoning of the property from C-1 to RST -2 and a variance for lot width and impervious surface coverage within the Shoreland Overlay District. Mr. Morey described the Shoreland Overlay District within this preliminary plat. He explained that the DNR tributary that bisects the subject property was allowed by the DNR to be placed in an underground pipe in the mid-1990s at the request of the cities of Apple Valley and Lakeville. Because of this, staff does not feel this segment of tributary should be subject to the Shoreland Overlay District requirements. Staff will continue to work with the City Council Meeting Minutes, June 2, 2014 Page 3 DNR to have this designation removed. The developer is requesting variances on several lots within the preliminary plat. Ten of the lots require a variance due to the Shoreland Overlay District minimum lot width requirement. The developer is also requesting a variance from the impervious surface coverage limit of 25% on all 15 lots within the Shoreland Overlay District. Council members discussed the concerns raised by several residents related to the number of vehicles that currently cut through the Dodd Pointe neighborhood to access 160th Street. Chief Long pointed out that local streets are open to the public. However, speeding can be enforced, and residents should report speeding to the Police Department. Motion was made by Davis, seconded by Swecker to approve the preliminary plat of Dodd Crossing, a Comprehensive Plan amendment from Commercial to Low/Medium Density Residential, findings of fact and Ordinance No. 922 rezoning the property from C-1, Neighborhood Commercial District, to RST -2, Single and Two Family Residential District, and findings of fact and a variance for lot width and impervious surface coverage. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis 8. Cedar Landing Tracey Rust, representing Ryland Homes, requested Council approval of the Cedar Landing preliminary plat. She stated the Cedar Landing preliminary plat will be developed in two phases and will consist of two neighborhoods. The Meadow will include 98 single family homes with access off of 210`x' Street and Hamburg Avenue. Enclave will consist of 45 age targeted detached townhome dwellings with access off of 210th Street. The preliminary plat provides for dedication of Outlot C for a future neighborhood park and Outlot B as a 20 foot wide trail corridor. Ryland Homes will satisfy the balance of the park dedication requirements with a cash contribution. Mr. Morey stated the developer is requesting a zoning map amendment to rezone the east 20 acres of the subject property to RST -2. The rezoning creates a consistent zoning for the entire development. The developer has submitted a landscape plan that proposes installation of new trees along Cedar Avenue, 210th Street, Hamburg Avenue, the front yards of the single family lots and the front and rear yards of the detached townhome dwellings. Mr. Morey explained that the preliminary plat was reviewed by the Dakota County Plat Commission, with focus on the intersection of Cedar Avenue and 210th Street. Dakota County indicated, given its access spacing guidelines and the fact that Cedar Avenue is a BRT corridor, that intersection will likely be restricted to a three-quarter access at some City Council Meeting Minutes, June 2, 2014 Page 4 point in the future. With regard to the 202°d Street intersection, Dakota County is planning future improvements to provide a paved turn lane onto Cedar Avenue. Motion was made by Swecker, seconded by LaBaeu to approve the preliminary plat of Cedar Landing, along with findings of fact and Ordinance No. 923 rezoning the property from RM -2 to RST -2 Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little 9. Ordinance Amending Title 3, Chapter 1 of the City Code related to Patios Mr. Olson presented a proposed ordinance amending Title 3, Chapter 1 of the City Code concerning alcoholic beverages on a patio. The amendment was requested by the owners of Carbone's Pizza Bar & Grill and the Lakeville Crossing shopping center. The current ordinance restricts the use of patios for liquor, food or music to 10 p.m. if it is located within 150 feet of a residential district. The proposed ordinance would extend the use by one hour on weekdays and by two hours on Friday and Saturday. Notices of the proposed ordinance amendment were mailed to properties located within 150 feet of the Carbone's patio. Notices were also mailed to properties located within 150 feet of the patio at Babe's Sportsbar & Grill in downtown Lakeville. Mr. Olson pointed out that the original 10 p.m. limitation was drafted with the City's noise ordinance in mind. If the hours are extended, the noise ordinance would still apply, which requires noise levels to be lowered after 10 p.m. Chief Long stated the Police Department does not have sound measuring devices. If a noise complaint is filed, officers would first ask the owner to turn it down. If the noise persists and the officer has to return, a citation will be issued based on the officer's observation. The City Attorney pointed out that the City Council can revoke a liquor license for continued violation of City ordinances. Mayor Little invited comments from the audience on this issue. The following individuals spoke in opposition to an extension of the patio hours for Babe's Sportsbar & Grill and cited several instances of noise and disruptive behavior from the establishment: • Kollette Lattu, 8675 Upper 2061 Street • Glen Nord, 20655 Holt Avenue • Gary Turpening, 20670 Holt Avenue • Colleene Ortner, 20665 Holt Avenue City Council Meeting Minutes, June 2, 2014 Page 5 The following individuals spoke in opposition to the extension of the patio hours for Carbone's Pizza Bar & Grill due to noise from the establishment: • Beth Kranz, 16189 Godson Circle • Ella Selyukov, 16179 Godson Circle • Paul Roehl, 16182 Godson Circle Ken Henk of Paster Enterprises spoke on behalf of their tenant, Carbone's Pizza. He explained that the patio was designed to contain any noise and light and to prevent it from disturbing the residential area south of the shopping center. He stated the restaurant is not able to sit any tables for food service on the patio past 9:15 or 9:30 with the 10:00 closing restriction. He pointed out that the complaints expressed tonight by the neighboring residents are not directly related to the patio, and his tenants will do a better job of controlling the noise from their business. In response to comments regarding the process for amending an ordinance, Mr. Olson explained that, unlike zoning and subdivision ordinances, public hearings are not required for amendments to the liquor ordinance. Council Member Swecker stated that, while there is a difference between the commercial development surrounding Carbone's and the residential development surrounding Babe's, she feels the rules should be uniformly applied to all businesses. Mark Streefland, General Manager of Babe's, stated his patio speakers are turned off at 8:00 p.m. He stated he is making every possible effort to control noise and other disruptive behavior inside and outside of his establishment. Council Member Anderson stated he does not support moving forward with this ordinance at this time. He feels that the Carbone's patio, from a physical structure and appearance standpoint, is much different than Babe's, and he would like to see the ordinance differentiate between the two. He stated he would like to see the ordinance address softening the sound from patios to minimize disruption to the neighborhoods. Council Member Davis stated he would not want to create special incentives or benefits to one particular business over the other. He requested continuing this matter to allow additional time to find a compromise or a mechanism to develop a solution. City Council Meeting Minutes, June 2, 2014 Page 6 Mayor Little encouraged the residents and businesses to discuss with one another the problems that currently exist and attempt to arrive at a solution that would be acceptable to all parties. Council Member LaBeau questioned whether the behavior that was noted by the residents related to noise and disruptive behavior from these establishments, some of which is happening in the late night or early morning hours, is directly related to food being served on the patio. Mr. Mielke suggested possibly developing performance standards and challenging the business owner to demonstrate how they will meet these performance standards, which would be applied to all businesses equally regardless of the specific circumstances. Council Member Swecker felt the neighborhood complaints and the patio hours are two separate issues and should be addressed separately. She supported the proposed ordinance. Motion was made by Davis, seconded by LaBeau to table indefinitely an ordinance amending Title 3, Chapter 1 of the Lakeville City Code concerning alcoholic beverages to allow for a more amenable agreement between both sides to be reached. Anderson stated he does not support a compromise. Roll call was taken on the motion. Ayes - LaBeau, Davis, Little Nays - Anderson, Swecker 10. Traffic Control Signals on Ipava Avenue at 1751 Street and 165' Street Public Works Director Chris Petree presented a proposal from Short Elliott Hendrickson (SEH) for traffic control signals on Ipava Avenue at 175`h Street and 1651 Street. Ipava Avenue is likely to be used as an alternate route during the CSAH 50/60 closure conditions. Traffic mitigation improvements, as recommended by the recently conducted traffic diversion study, include temporary traffic signals at 1651 Street and 175t' Street. The existing intersection layout is designed for an efficient transition to a permanent signal at 175' Street. The SEH proposal includes a detailed evaluation of the 165' Street intersection to determine whether a permanent traffic signal or a roundabout is a more viable, cost- effective long-term improvement. Construction of the signals is proposed to begin in the fall of this year. The signals would be operational in the spring of 2015, just prior to the CSAR 50/60 closure. City Council Meeting Minutes, June 2, 2014 Page 7 Motion was made by Anderson, seconded by Davis to approve the proposal from Short Elliott Hendrickson, Inc. to design traffic control signal systems on Ipava Avenue at 175th Street and 165' Street, Improvement Project 14-17. Roll call was taken on the motion. Ayes, LaBeau, Davis, Little, Anderson, Swecker 11. Real Estate Purchase Agreement with Lakeville Land Ltd. Liquor Manager Brenda Visnovec presented a Real Estate Purchase Agreement with Lakeville Land Ltd. for the purchase of property located on the northwest corner of County Road 70 and I-35 for a future municipal liquor store. She explained that the City Council approved an agreement at its May 191 meeting with a stipulation related to the covenants. Based on subsequent discussions, the seller has agreed to the submittal of plans from a pre- existing design to satisfy the terms of the covenants. Motion was made by Davis, seconded by Swecker to approve a Real Estate Purchase Agreement with Lakeville Land Ltd. for the purchase of Lots 2 and 3, Block 1, Lakeville Commerce Center. Roll call was taken on the motion. Ayes - Davis, Little, Anderson, Swecker, LaBeau Unfinished Business: None New Business: None Announcements: Next regular Council meeting, June 16, 2014 Mayor Little adjourned the meeting at 9:28 p.m. Respectfully submitted, Charlene Friedges, City Clerk