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Home My WebLink About05-18-15CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES May 18, 2015 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 and LaBeau Staff Present: Justin Miller, City Administrator; Roger Knutson, City Attorney; Jeff Long, Police Chief; Chris Petree, Public Works Director; David Olson, Community & Economic Development Director; Jerilyn Erickson, Finance Director; Brett Altergott, Parks & Recreation Director; Daryl Morey, Planning Director; Charlene Friedges, City Clerk 3. Citizen Comments None 4. Additional Agenda Information None 5. Presentations/Introductions Mr. Altergott presented the April Parks & Recreation Department monthly report. Chief Long presented the April Police Department monthly report. Consent Agenda Motion was made by Davis, seconded by LaBeau to approve the following consent agenda items: a. Claims for payment b. Minutes of the May 4, 2015 City Council meeting c. Minutes of the April 27,2015 City Council work session d. Resolution No. 15-58 declaring the official intent of the City of Lakeville to reimburse certain expenditures from the proceeds of bonds to be issued by the City of Lakeville e. Resolution No. 15-59 authorizing the disposal of assets f. Resolution No. 15-60 approving a gambling premises permit for Lakeville VFW Post 210 at Baldy's BBQ City Council Meeting Minutes, May 18, 2015 Page 2 g. Resolution No. 15-61 adopting assessments for Improvement Project 15-02 h. Temporary on -sale liquor license for the Lakeville Lions for Pan-O-Prog events at the Arts Center on July 9-11, 2015 i. Agreement with Metropolitan Council for volunteer lake monitoring program j. Encroachment Agreement with John and Alison Myers, 10294 Oak Shore Drive, for a private driveway within public property and public easements k. Agreement with Holly Einess for recreation programs 1. Resolution No. 15-62 approving the final plat of Cedar Landing 2nd Addition m. Storm water maintenance agreement with Unimed Midwest, Inc. n. Ordinance No. 940 amending Section 3-1-8-14 of the City Code to change the term "residential district" to "residential use" o. Release of Development Contract for Outlots D and F in the Donnelly Farm Addition p. Agreement with Hype Surf Company for paddleboard rental q. Accept bid and award contract to Mark J. Traut Wells for the construction of Well No. 20 r. Resolution No. 15-63 amending the 2015 General Fund Budget s. Joint Powers Agreement with Dakota County Multi -Agency Assistance Group t. Resolution No. 15-64 authorizing participation in a grant agreement with the Minnesota Department of Public Safety for DWI enforcement Voice vote was taken on the motion. Ayes - unanimous 7. City Code Amendment - Outdoor Patio Hours Mr. Morey presented a proposed ordinance amending Title 3, Chapter 1 of the Lakeville City Code related to outdoor patio hours in the C -CBD and O -R Districts. As directed by the City Council at its April 27th work session, staff prepared an ordinance that extends the patio hours City Council Meeting Minutes, May 18, 2015 Page 3 in the C -CBD and O -R Districts until midnight on Fridays and Saturdays. Mr. Morey pointed out that Babes Sportsbar & Grill currently has an outdoor patio located within 150 feet of a residential use. The current ordinance allows the patio to remain open until 10 p.m. Motley Crew's Heavy Metal Grill and the proposed Angry Inch Brewing Company are also located within 150 feet of a residential use. Staff sent mailed notification of this proposed ordinance amendment to the neighboring property owners and all who expressed comments regarding patio hours at the November 3, 2014 City Council meeting. Several residents submitted letters that were included in the Council's agenda packet and spoke in opposition to the extended patio hours at Babe's. Questions and comments related to environmental impacts, patio enclosure and the lack of sufficient sound barriers, enforcement of the City's noise ordinance and the need for additional police presence due to noise, traffic and safety concerns. Residents felt that extending the patio hours to midnight would do nothing to increase the vibrancy of downtown Lakeville. Mr. Olson stated this type of property use does not warrant an environmental impact study. He also stated the patio enclosure at Babe's meets the requirements of the City Code. Chief Long explained that out of 62 police calls to the Babe's property over the past 12 months, 12 were related to noise. Of the 12 noise complaints, five were sustained. Mr. Morey stated the patio section of the City Code states that music must be in compliance with the noise amplification provisions of the Code. Mark Streefland, General Manager of Babe's, stated there has been no live or recorded music on their patio since last June, and they have no plans for outdoor music. He further stated that he enforces noise and disruptive behavior both inside and outside the bar/restaurant on an ongoing basis. He agreed to hire additional security exclusively for the patio if the hours are extended to midnight on the weekends. Representatives of Metro Equity Management, Heavy Metal Grill and the Downtown Lakeville Business Association expressed support of the patio ordinance amendment. Council Member Davis proposed that if the patio hours are extended, the City should look at additional stipulations, such as increased police presence. He expressed a willingness to extend the patio hours on a trial basis for the summer months, with all issues documented during that time so this matter can be re-evaluated after the trial period. City Council Meeting Minutes, May 18, 2015 Page 4 Council Member Anderson stressed the importance of accountability to the City's current ordinance. He expressed an interest in working with the DLBA and residents on an overall plan for downtown Lakeville prior to adopting an ordinance amendment related to patio hours. He suggested the City Council table this matter to determine what stipulations the ordinance should include, and possibly implement the patio hour extension on a trial basis. Council Member Swecker pointed out the uniqueness of downtown and expressed her desire to support the businesses and allow them the opportunity to succeed. She supported tabling this item to allow for additional discussion regarding enforcement and policies. Council Member LaBeau stated she had hoped that the owners of Babe's would have constructed some type of sound barrier on their patio in response to last year's complaints from the residents. She also supported tabling this item for additional discussion. She stated she does not support extending the patio hours on a trial basis. Mayor Little expressed his desire to make a decision now, given that the Council has been discussing this issue for over a year. He stated the proposed ordinance represents what he feels is a reasonable compromise from a year ago by extending the patio hours only two nights. He expressed a desire to support downtown and its businesses and stressed the fact that a decision on the patio hours does not preempt the Council from additional discussions regarding the revitalization of downtown. Motion was made by Davis, seconded by Swecker to table until the June 1st meeting an ordinance amending Title 3, Chapter 1 of the City Code related to outdoor patio hours. Roll call was taken on the motion. Ayes - Davis, Swecker, Anderson, LaBeau Nay, Little 8. Unfinished business: None 9. New business: None 10. Announcements: Next regular Council meeting, June 1, 2015 Mayor Little adjourned the meeting at 9:08 p.m. Respectfully submitted, Charlene Friedges, Ci Jerk Matt Little, Mayor