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Home My WebLink About11-03-14CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES November 3, 2014 Mayor Little called the meeting to order at 7:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Mayor Little; Council Members Davis, Swecker, Anderson, LaBeau Staff Present: Allyn Kuennen, Interim City Administrator; Roger Knutson, City Attorney, Jeff Long, Police Chief, Chris Petree, Public Works Director; David Olson, Community & Economic Development Director; Dennis Feller, Finance Director; Brett Altergott, Parks and Recreation Director; Cindi Joosten, Human Resources Manager; Daryl Morey, Planning Director; Charlene Friedges, City Clerk 3. Citizen Comments None 4. Additional Agenda Information None 5. Presentations/Introductions Mr. Petree presented the October Public Works Department monthly report. 6. Consent Agenda Motion was made by Davis, seconded by Swecker to approve the following: a. Claims for payment b. Minutes of the October 20, 2014 City Council meeting c. Minutes of the October 20, 2014 Special City Council meeting d. Minutes of the October 14, 2014 City Council work session e. Resolution No. 14-100 approving the Building Fund Budget f. Resolution No. 14-101 approving the fire relief bylaw pension amendments g. Accept resignation of Bob Boerschel from the Planning Commission City Council Meeting Minutes, November 3, 2014 Page 2 h. Resolution No. 14-102 in support of the Dakota County 2015-2019 Transportation Capital Improvement Program i. Final acceptance of public utilities in Shady Oak Grove Fourth Addition Resolution No. 14-103 awarding contract for Ipava Avenue traffic signals at 1751 Street and 1651 Street k. Grant of permanent access easement on Lot 7, Block 1, Kabot Cove 1. Resolution No. 14-104 vacating easement in Spirit of Brandtjen Farm m. Verizon Wireless conditional use permit and interim use permit at Lakeville North High School n. Resolution No. 14-105 approving preliminary and final plat of Appalossa Farms Addition; and Resolution No. 14-106 vacating roadway easements o. Resolution No. 14-107 accepting bids and awarding contract for water treatment chemicals and potassium orthophosphate p. Agreement with Socaholix for a performance at the Lakeville Area Arts Center q. Agreement with Kevin Casey, LLC for retaining wall construction r. Supplemental Agreement with Rosti Construction for Kenrick Avenue trail Voice vote was taken on the motion. Ayes - unanimous 7. Summerlyn Northwest Preliminary Plat Paul Tabone of Lennar requested Council approval of the Summerlyn Northwest preliminary plat. Mr. Morey presented the proposed preliminary plat, which consists of 84 single family residential lots on37.51 acres of property located east of Dodd Boulevard and south of 190th Street. He explained that the developer has presented a phasing plan that describes development and home construction in the Summerlyn Northwest development occurring City Council Meeting Minutes, November 3, 2014 Page 3 from south to north following completion of the fourth and final phase of the adjacent Summerlyn development to the south. While grading of Summerlyn Northwest may commence in early 2015, streets, utilities and home construction might not occur until 2016 or later. Because of this development timeframe, Lennar is requesting that the Summerlyn Northwest preliminary plat approval be valid for two years instead of one. Mr. Morey stated the intersection of 190' Street and Dodd Boulevard will remain closed until completion of the Dodd Boulevard improvements. In the interim, traffic from Summerlyn Northwest will be directed to 1901 Street, 194' Street and Holyoke Avenue. Mr. Petree outlined the efforts being made by the City and County to reduce traffic on Dodd Boulevard. In addition to the closure of eastbound 190' Street, the City and County have worked with the Century Ridge townhome development on the interim closure of Inca Avenue, which is north of the Dodd and 190th intersection, until Dodd Boulevard is reconstructed. The City and ISD 194 are also considering options to reduce traffic onto Dodd Boulevard from the Lakeville North High School property. Motion was made by Anderson, seconded by Davis to approve the Summerlyn Northwest preliminary plat and grant a one year extension for development of the preliminary plat. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis 8. Ordinance Concerning Outdoor Patios Mr. Morey presented an ordinance amendment that would allow extended outdoor patio hours for businesses licensed to serve alcoholic beverages in the C-1, C-2 and C-3 zoning districts. The amendment allows outdoor patios that are located within 150 feet of a residential property to remain open until I I p.m. on Sunday through Thursday and until midnight on Friday and Saturday. The amendment only applies to businesses located within the C-1, C-2 and C-3 zoning districts, which includes Carbone's Pizza Bar & Grill. Licensed establishments with outdoor patios in the O -R and C -CBD districts must continue to follow the current ordinance guidelines. Mark Streefland, General Manager of Babe's Sportsbar & Grill, voiced opposition to the proposed amendment, which excludes his business from the extended patio hours. Several downtown residents spoke in favor of, or against, extending the outdoor patio hours for Babe's. Some residents cited noise issues from the establishment, while others indicated that noise has not been a problem. City Council Meeting Minutes, November 3, 2014 Page 4 Mayor Little stated he supports extending the patio hours for downtown businesses, as he feels that all licensed establishments should be treated equally, regardless of their location. However, he stated the City's noise ordinance must be strictly enforced. Council Member Swecker agreed that that all businesses should be treated the same, and the extended hours should apply to all licensed establishments. Motion was made by Anderson, seconded by LaBeau to adopt Ordinance No. 926 amending Title 3, Chapter 1 of the Lakeville City Code concerning alcoholic beverages (outdoor patios) in the C-1, C-2 and C-3 districts, as recommended. Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little Motion was made by Swecker, seconded by Little to call for a public hearing to consider an amendment to Title 3, Chapter 1 of the Lakeville City Code related to outdoor patios in the C -CBD District. Council member Anderson stated he could not support a single issue motion. He stressed the importance of enhancing the vitality of downtown and felt that the future of downtown should be considered on a broader basis. Council Member LaBeau expressed support for all downtown businesses. However, given the proximity of the homes to the patio at Babe's, she urged the general manager of Babe's to come up with solutions that could be supported by the adjacent neighborhoods. Council Member Davis stated he would support a broader conversation regarding the future of downtown. With respect to the Babe's patio issue, he felt that both parties need to be open minded and willing to compromise. Roll call was taken on the motion. Ayes - Little, Swecker; Nays, Anderson, LaBeau, Davis The motion failed. 9. Employee Health and Dental Insurance/Letter of Agreement with HealthPartners Human Resources Manager Cindi Joosten presented a resolution setting employee health and dental insurance rates for 2015. Staff worked with the City's brokers at National Financial Partners to seek new insurance bids for 2015 and beyond. The lowest bid came from HealthPartners for both health and dental and provides a 7.4% increase to health insurance for 2015 and a not -to -exceed rate cap of 9% for 2016. HealthPartners is also City Council Meeting Minutes, November 3, 2014 Page 5 providing approximately $7,000 for wellness in 2015 and 2016. Dental insurance rates will increase by 2% in 2015 with a rate cap of not -to -exceed 4% in 2016. Motion was made by LaBeau, seconded by Davis to approve Resolution No. 14-108 approving employee health and dental insurance rates for 2015 and approving a Letter of Agreement with HealthPartners. Roll call was taken on the motion. Ayes - LaBeau, Davis, Little, Swecker, Anderson Unfinished and New Business: None Announcements: Next regular Council meeting - November 17, 2014 Special Council meeting and work session, November 12, 2014 Mayor Little adjourned the meeting at 8:25 p.m. Respectfully submitted, Charlene Friedges, City a Matt Little, Mayor