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HomeMy WebLinkAbout07-07-14CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES July 7, 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 Martha Erickson, 19833 Jersey Avenue, presented to the City of Lakeville a DVD and book titled, The Bradford Heritage of How the Light of Liberty Came to America (The Mayflower at Sea). 4. Additional Agenda Information Mr. Mielke provided additional information for agenda items 6d, 6j and 8. 5. Presentations/Introductions The City Council recognized City Administrator Steve Mielke, who has accepted the position of Physical Development Director with Dakota County. Diane Lind, Executive Director of the Dakota Communications Center, presented a Distinguished Service Award to Mr. Mielke in recognition of his leadership and service to the Dakota Communications Center. Mayor Little highlighted some of Mr. Mielke's accomplishments over the past 10 years and presented gifts on behalf of the City Council to Steve and his wife Sue. Liquor Manager Brenda Visnovec presented the Liquor Department 2013 Annual Report and 2014 Mid -Year Report. Mr. Petree presented the June Public Works Department monthly report. 6. Consent Agenda Motion was made by Swecker seconded by LaBeau to approve the consent agenda items as follows: a. Claims for payment City Council Meeting Minutes, July 7, 2014 b. Minutes of the June 16, 2014 City Council meeting c. Minutes of the June 16, 2014 special City Council meeting d. Minutes of the June 23, 2014 Council work session, as amended e. Minutes of the June 23, 2014 special City Council meeting f. Authorize the sale of above ground fueling system Page 2 g. Public Improvement and Special Assessment Agreement for water service repairs at 20678 Hershey Avenue h. Resolution No. 14-56 accepting donations to the Parks & Recreation Department i. Resolution No. 14-57 approving a lawful gambling premise permit to Lakeville Hockey Association at 210 Bar & Grill, subject to Council approval of an on -sale and Sunday liquor license at 210 Bar & Grill j. Resolution No. 14-58 appointing election judges for the State Primary Election k. Resolution No. 14-59 vacating public street right-of-way (Taft Avenue) in the Lenihan's Lots Antlers Park plat; and 100 -day extension for recording the Kyla Crossing final plat 1. Receive bid and award contract to Pember Companies, Inc. for the downtown parking lot improvement project m. Resolution No. 14-60 revising 2014 Council committees and inter -agency appointments n. Set Council work sessions to be held on August 6 and August 11, 2014 o. License Agreement with Soo Line Railroad Company d.b.a. Canadian Pacific Railway to construct the Dodd Boulevard trail extension between CSAH 50 and 2081 Street p. Authorize the sale of a City vehicle, Unit #063 Voice vote was taken on the motion. Ayes - unanimous City Council Meeting Minutes, July 7, 2014 Page 3 7. 210 Bar & Grill On -Sale Liquor, Sunday Liquor and Off -Sale 3.2% Malt Liquor Mayor Little opened the public hearing on the application of 210 Bar & Grill LLP for an on - sale and Sunday liquor license and an off -sale 3.2% malt liquor license. Chief Long presented the police report on the applicants Pamela Carlson and Shelly Hedrick. The Police Department recommends approval of the licenses as requested. Motion was made by Anderson, seconded by Davis to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Davis, seconded by Swecker to grant an on -sale and Sunday liquor license and an off -sale 3.2% malt liquor license to 210 Bar & Grill LLP, 8275 - 210`h Street W. Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau 8a. Amendment to Title 11 of the City Code Related to Chickens Mr. Morey presented a proposed ordinance amendment related to the keeping of chickens on single family residential properties. He explained that Planning Department staff researched other metro area cities to determine if they allow chickens on residential properties and, if so, the types of performance standards these cities have established. The proposed ordinance would allow chickens in residential zoning districts subject to approval of an administrative permit. The administrative permit would be valid for one year. The ordinance also provides a detailed list of performance standards that must be met. Mr. Morey stated the Planning Commission held a public hearing on the proposed ordinance amendment and unanimously recommended denial based on the following reasons: • Chickens should be kept on farms and not in single family neighborhoods • Chickens are more appropriate for a country lifestyle • Concerns were expressed regarding noise and odor • Now is not the appropriate time to allow the keeping of chickens in single family neighborhoods. In the future, when the city is built out, the issue could be re -visited • The opportunity to keep chickens exists today since approximately 12% of the land in the city is zoned agricultural Mayor Little questioned whether the cost of the administrative permit ($100) is justified when compared to the cost of a dog license, which is $20. He supported allowing chickens in residential districts for pets and educational purposes for children. He stated it is not financially feasible for many people to purchase agricultural land in the city with a 10 -acre minimum. City Council Meeting Minutes, July 7, 2014 Page 4 Council Member Anderson stated that, given what other cities are doing and today's society, allowing residents to keep a couple of chickens makes sense. However, he stated he is not sure that the proposed ordinance is the right solution. Council Members Swecker, Davis and LaBeau stated they support the Planning Commission's recommendation. Mayor Little pointed out that there are property owners who, at this time, have chickens in residential areas. He stated he feels the proposed ordinance, with its performance standards, would provide an effective enforcement tool for those who currently have chickens and would alleviate and solve any noise or nuisance issues. Council Member Davis discussed the need to enforce the current ordinance. Mr. Mielke clarified that, unlike a dog license, an administrative permit involves review of the application and plans with a follow-up inspection of the property. With respect to zoning ordinance violations, he explained that the City does not have the staff available to drive around looking for violations. Therefore, these matters are brought to the City's attention and enforced on a complaint basis. No action was taken on this item. 8b. Amendment to Title 11 of the City Code Related to Breweries and Brewpubs Mr. Morey presented a proposed ordinance related to brewpubs and similar uses. The ordinance would allow brew on premises, brewery, small brewery, brewpub, distillery, micro -distillery, farm winery, tap room and tasting room uses in certain agricultural, commercial and industrial zoning districts. It is a proactive measure to get out in front of the growing interest in brewpub type uses in the Twin Cities suburbs. He explained that this ordinance does not address the operation of these establishments, which is covered by liquor licensing regulations. It only addresses the land use compatibility and location of the uses. He described the uses proposed by this ordinance and the zoning districts where they are proposed to be allowed. He explained that the uses would be subject to the performance standards of the district in which they are located. The Planning Commission held a public hearing on this ordinance amendment and unanimously recommended approval. Mr. Morey stated that, according to the Liquor Manager, these types of businesses would not compete with municipal liquor, and Lakeville Liquors supports the proposed ordinance. City Council Meeting Minutes, July 7, 2014 Page 5 Motion was made by Davis, seconded by Swecker to adopt Ordinance No. 924 amending Title 11 of the Lakeville City Code related to brew on premises, brewery, small brewery, brewpubs, distillery, micro -distillery, farm winery, tap room and tasting room uses in certain agricultural, commercial or industrial districts and Summary Ordinance No. 924 for publication. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis 9. 2013 Comprehensive Annual Financial Report Bill Lauer of MMKR, Certified Public Accountants, presented the 2013 Comprehensive Annual Financial Report for the City of Lakeville. He explained that the City earned more than half a million dollars in Federal funding this past year. As a result, the City is subject to a separate single audit in addition to the financial statement audit. MMKR has issued an unmodified "clean" opinion on the City's financial statements and the separate single audit, with no internal control or compliance issues to report; and there were no findings to report. Council Member Anderson suggested highlighting the City's pavement management program in the future. He also suggested modifying some of the language in the report to make the document clearer and easier for the average reader to understand. Mr. Lauer explained some of the requirements for governmental reporting and the two different types of reporting that is required. He stated it is difficult to simplify the conversion from one layer of reporting to the other. Motion was made by Anderson, seconded by LaBeau to accept the City of Lakeville Comprehensive Annual Financial Report for the year ended December 31, 2013. Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little 10. School Road Safety Task Force Report Mr. Mielke presented the School Road Safety Task Force Report. The report identifies potential road, traffic and pedestrian safety issues. He explained that the next step in the process is to coordinate a technical working group consisting of City, Dakota County and School District 192, 194 and 196 staff to review and analyze the results of the study. This technical group will also be responsible for researching and developing potential solutions to address the issues identified in the report for consideration by their respective governing bodies. Motion was made by Davis, seconded by Anderson to accept the School Road Safety Task Force Report dated June 2014. City Council Meeting Minutes, July 7, 2014 Page 6 Roll call was taken on the motion. Ayes - Anderson, LaBeau, Davis, Little, Swecker Unfinished/New business: Mayor Little provided a brief recap of meetings that he recently hosted between neighborhood residents and Babe's Sportsbar & Grill and also between neighborhood residents and Carbone's Pizza Bar & Grill regarding a request by these two establishments to extend their outdoor patio hours. Announcements: Next regular Council meeting, July 21, 2014 Mayor Little adjourned the meeting at 9:11 p.m. Respectfully submitted, Charlene Friedges, City Matt Lit le, Mayor