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Home My WebLink About06-16-14CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES June 16, 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; Charlene Friedges, City Clerk 3. Citizen Comments None 4. Additional Agenda Information Mr. Mielke stated a resolution approving a gambling permit for the Lakeville Lions has been added to the consent agenda. 5. Presentations/Introductions Pan-O-Prog President Diana Neameyer provided an overview of this year's Pan-O-Prog events. Mr. Altergott asked the City Council to proclaim the month of July Park & Recreation Month. Council Member Swecker read the proclamation. Mr. Altergott presented the May Parks & Recreation Department monthly report. Chief Long presented the May Police Department monthly report. 6. Consent Agenda Council member Anderson removed the June 2°a City Council meeting minutes (item 6b) from the consent agenda. Motion was made by Anderson, seconded by Swecker to approve the consent agenda items as follows: a. Claims for payment b. (Removed from consent agenda) City Council Meeting Minutes, June 16, 2014 c. Minutes of the June 9, 2014 special City Council meeting d. Renewal of on -sale liquor, club liquor, wine and 3.2% malt liquor licenses for the following establishments effective July 1, 2014 to June 30, 2015: Applebee's Grill & Bar Brackett's Crossing Country Club Buffalo Wild Wings Chart House Restaurant Crystal Lake Country Club Goodfella's Pizza Bar & Grill Harry's Cafe Mainstreet After Hours Porter House Steak & Seafood Grill Sawa Japan Steakhouse & Sushi Tak Shing Chinese Restaurant VFW Post 210 Holiday #504 Kwik Trip #692 Rainbow Foods SuperAmerica #4490 SuperValu/Cub Foods -179th Street Target Babe's Sportsbar & Grill Brunswick Zone XL -Lakeville Carbone's Pizza Bar & Grill Copper River Fish & Chop House El Patio Mexican Restaurant Green Mill Lakeville Family Bowl Ole Piper Restaurant Rudy's Redeye Grill Spice Cafe Teresa's Mexican Restaurant Kwik Trip #694 Kwik Trip #343 SuperAmerica #4528 SuperAmerica #4337 SuperValu/Cub Foods -Heritage Dr. Walmart Page 2 e. Resolution No. 14-47 accepting donation from Cleary Lake Veterinary Hospital to the Police Department f. Resolution No. 14-48 authorizing closing of City streets for Pan-O-Prog events g. Hunting Map for the 2014-2015 season h. Temporary on -sale liquor license for VFW Post 210 for Pan-O-Prog i. Extension of on -sale liquor license for Lakeville Family Bowl to allow the consumption of alcoholic beverages in the outdoor horseshoe courts on July 5 and August 21, 2014 j. Resolution No. 14-49 amending seasonal and temporary employee salaries k. Amendments to the City of Lakeville Policy Manual City Council Meeting Minutes, June 16, 2014 Page 3 1. Receive the Berres Ridge Environmental Assessment Worksheet and authorize distribution m. Resolution No. 14-50 vacating public drainage and utility easements located at 19540 and 19544 Iteri Avenue n. Resolution No. 14-51 authorizing issuance and sale of $9,160,000 General Obligation Improvement Bonds, Series 2014A o. Resolution No. 14-52 authorizing issuance and sale of $13,730,000 General Obligation Refunding Bonds, Series 2014B p. Encroachment Agreements with the owners of the following properties for private draintile systems within a public easement: 17700 Fontina Path (Humphreys), 17704 Fontina Path (Lawrence), 17691 Formosa Avenue (Scholta), 17686 Fortune Trail (Mohr) and 17690 Fortune Trail (Rice) q. Resolution No. 14-53 granting Charter Cable Partners, LLC a franchise extension r. Amendment to Contract for Private Development with Menasha Packaging Company, LLC s. Contract with G.F. Jedlicki, Inc. to repair drain tile along Jaguar Place t. Authorize the sale of dump truck Unit 2108 and dump truck Unit 2116 u. Resolution No. 14-54 granting approval to the Lakeville Lions to conduct off-site gambling at the Lakeville Area Arts Center on July 10, 2014 Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau 6.b Council Member Anderson asked that the following statement in the sixth paragraph on Page 5 be deleted from the minutes, "He stated he supports the extended hours; however". Motion was made by Anderson, seconded by Davis to approve the minutes of the June 2, 2014 City Council meeting as amended. Voice vote was taken on the motion. Ayes - unanimous City Council Meeting Minutes, June 16, 2014 Page 4 7. Baldy's BBQ On -Sale and Sunday Liquor License Mayor Little opened the public hearing on the application of Baldy's BBQ Corp. for an on - sale and Sunday liquor license at Baldy's BBQ, 11276 - 21001 Street W. Chief Long presented the police report and recommended approval of the on -sale and Sunday liquor license. This establishment must meet the 50% food requirement as provided in 3-1-4 of the City Code. Baldy's currently has a wine and 3.2% malt liquor license. Chief Long stated Baldy's failed two alcohol compliance checks, one in 2011 and one in 2012. The applicant, Brian Wheeler, stated his focus at Baldy's BBQ is food service; he does not plan to operate a bar. His employees are and will continue to be TIPs trained, and he plans to take all necessary measures to prevent the sale of alcohol to underage persons. Council Member Swecker stressed the importance of not serving to minors, noting the two compliance checks that Baldy's failed since being open. Because of the two previous compliance failures, she stated she is hesitant to approve an on -sale liquor license. There were no questions or comments from the audience. Motion was made by Davis, seconded by LaBeau to close the public hearing. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis Motion was made by Davis, seconded by LaBeau to grant an on -sale and Sunday liquor license to Baldy's BBQ Corp., 11276 - 210th Street W. Roll call was taken on the motion. Ayes - Anderson, LaBeau, Davis, Little Nay - Swecker 8. Lakeville 2014 LLC Off -Sale 3.2% Malt Liquor License Mayor Little opened the public hearing on the application of Lakeville 2014 LLC for an off - sale 3.2% malt liquor license at Cub Foods, 17756 Kenwood Trail. Chief Long presented the police report and recommended approval of the off -sale 3.2% malt liquor license. Robert Iacono, representing Cub Foods, addressed the City Council regarding the proactive measures that Cub Foods employees take to prevent the sale of alcohol to underage persons. There were no questions or comments from the audience. Motion was made by Anderson, seconded by Swecker to close the public hearing. Roll call was taken on the motion. Ayes - Anderson, LaBeau, Davis, Little, Swecker City Council Meeting Minutes, June 16, 2014 Page 5 Motion was made by Anderson, seconded by Swecker to grant an off -sale 3.2% malt liquor license to Lakeville 2014 LLC doing business as Cub Foods, 17756 Kenwood Trail. Roll call was taken on the motion. Ayes - LaBeau, Davis, Little, Swecker, Anderson 9. Fox Meadows Third Addition Mr. Morey presented the Fox Meadows Third Addition preliminary and final plat, along with a building setback variance for Lots 2 and 3, Block 2. Fox Meadows Third Addition will re -plat 18 vacant townhome unit lots within Fox Meadows 2nd Addition for the proposed construction of four two -unit townhome buildings and one five -unit row townhome building. This re -plat reduces the total number of townhome units by five. Mr. Morey explained that a one -foot variance is being requested in order to meet the setback between two townhome buildings. If not for the property being re -platted, the setback between these two townhome buildings would be met. The requested variance meets the spirit and intent of the Zoning Ordinance and is consistent with the overall Fox Meadows development. Motion was made by Davis, seconded by LaBeau to approve Resolution No. 14-55 approving the preliminary and final plat of Fox Meadows 31 Addition, adopt findings of fact and approve a building setback variance for Lots 2 and 3, Block 2, Fox Meadows 3rd Addition. Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau Unfinished Business: None New Business: Council Member Swecker stated she was approached by a resident who wants to open the Antlers Park concession stand. Mr. Altergott stated it would take a substantial financial commitment to bring the building up to health code standards. He expressed a willingness to meet with the interested party to discuss the matter. Announcements: Next regular City Council meeting, July 7, 2014 Council work session, June 23, 2014 Mayor Little adjourned the meeting at 7:59 p.m. su Charlene Friedges, City Matt Mittle, Mayo