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HomeMy WebLinkAbout06-01-15CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES June 1, 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; Allyn Kuennen, Assistant City Administrator; Daryl Morey, Planning Director; Charlene Friedges, City Clerk 3. Citizen Comments Avery Hildebrand, Community Outreach Coordinator with Audubon Minnesota, introduced himself. 4. No additional agenda information 5. Presentations/Introductions Kurt Weidner, Allina Health Operations Manager, presented the ALF Ambulance 2014 annual report. Manager Brenda Visnovec presented the Lakeville Liquors 2014 annual report. Chris Petree presented the May Public Works Department monthly report. Consent Agenda Motion was made by Davis, seconded by Swecker to approve the following consent agenda items: a. Claims for payment b. Minutes of the May 18, 2015 City Council meeting. c. Minutes of the May 11, 2015 Council work session. d. Revisions to the Employee Recruitment and Selection Policy City Council Meeting Minutes, June 1, 2015 Page 2 e. Memorandum of Agreement between City of Lakeville and Law Enforcement Labor Services f. Resolution No. 15-65 adopting salaries for seasonal employees and instructors g. Extension of on -sale liquor license for Babe's Sportsbar & Grill to include the fenced -in parking lot for Pan-O-Prog events h. Extension of on -sale liquor license for Lakeville Family Bowl to allow the consumption of alcoholic beverages in the outdoor horseshoe courts on July 4 and August 20, 2015 i. Second Amendment to Convention and Visitors Bureau Agreement j. Lakeville Arenas 2016 Budget k. (Removed from consent agenda) 1. Agreement with Jonny Pops for mobile concessions at Antlers Park m. Resolution No. 15-66 authorizing temporary closing of City streets for Pan-O-Prog events n. Authorize request for proposals for the development of city property located west of Dodd Boulevard and north of 183rd Street o. Resolution No. 15-67 adopting the final Alternative Urban Areawide Review (AUAR) for Interstate South Logistics Park Voice vote was taken on the motion. Ayes - unanimous 6k. Morgan Square Third Addition Mr. Morey provided a brief overview of the Morgan Square Third Addition final plat, which will allow the development of 36 rental townhome units on property located south of 205x'' Street and west of the Muller Family Theatre. The final plat includes two lots and road right- of-way for Keystone Avenue and 207th Street, consistent with the approved preliminary plat. Mark Vyvyan, representing Lakeville Land Ltd., spoke in opposition to the proposed townhome project, which his client feels is not appropriate for the area. He noted density of the project, quality of homes, one car garages, lack of basements and lack of bathrooms as reasons for his client's opposition. He felt that the proposed connection of Keystone Avenue to 20711 Street is poorly designed, dangerous and unnecessary. City Council Meeting Minutes, June 1, 2015 Page 3 Mr. Morey explained the zoning and overall density of the preliminary plat, which was approved in 2002. He also explained that at the time of preliminary plat approval, Keystone Avenue was to continue straight south to County Road 70. However, as a result of the County Road 70/I-35 interchange design, it was later determined that 20711 Street would continue to the southwest and connect with County Road 70, and Keystone Avenue would ultimately connect to 207th Street. The City Administrator reminded the council members that the action before them this evening is approval of the final plat, which falls under Minnesota Statute Section 462, which states that the City Council shall certify approval of the final plat if the applicant has complied with all conditions and requirements of the approved preliminary plat. Kari Gill, representing the Dakota County Community Development Agency (CDA), explained the high quality of similar developments the CDA has constructed in Lakeville. She stated the CDA is committed to property management and screens their tenants thoroughly. Several residents spoke regarding the proposed townhome development. Comments and concerns related to street access, impacts on home values and density. Mr. Morey explained that the Dakota County CDA was unable to obtain a roadway easement from Lakeville Land Ltd. to construct the permanent connection of Keystone Avenue to 2071 Street with this final plat. The CDA will, therefore, provide a temporary access on the Morgan Square Third Addition property between Keystone Avenue and 2071h Street for temporary two- way access until such time that the property to the south develops and the permanent 2071 Street and Keystone Avenue connection is completed. Motion was made by Davis, seconded by Swecker to approve Resolution No. 15-66 approving the Morgan Square Third Addition final plat and a approve a Stormwater Management/Best Management Practice Facilities and Easement Agreement with the Dakota County CDA. Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau 7. Improvement Project 15-04, Kensington Boulevard The Operations and Maintenance Engineer provided an overview of the proposed improvements to Kensington Boulevard. Consistent with the City's assessment policy, 40% of the costs will be assessed to the benefiting properties. Based on the low bid, the total cost of this project is $1,041,445. This amount results in a front foot assessment rate of $48.42, which is a 7.2% reduction from the feasibility report estimate. Assessments shall bear interest at the rate of 4.8% over a 20 year term. City Council Meeting Minutes, June 1, 2015 Page 4 There were no questions or comments from the public. Motion was made by Davis, seconded by Anderson to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Swecker, seconded by LaBeau to approve Resolution No. 15-69 adopting assessments for Improvement Project 15-04, Kensington Boulevard, and Resolution No. 15-70 awarding the contract for Improvement Project 15-04 to Valley Paving, Inc. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis 8. Improvement Project 15-05, Hamburg Avenue The Operations and Maintenance Engineer provided an overview of the proposed improvements to Hamburg Avenue. Consistent with the City's assessment policy, 40% of the costs will be assessed to the benefiting properties. Based on the low bid, the total cost of this project is $442,506, which is a net reduction of 4.4% from the feasibility report estimate. This amount results in a front foot assessment rate of $18.24 for commercial and industrial property. Assessments shall bear interest at the rate of 4.8% over a 10 year term. Construction will not begin until September/October to allow time for ditch improvements to be completed under a separate contract. There were no questions or comments from the public. Motion was made by Anderson, seconded by LaBeau to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Anderson, seconded by Swecker to approve Resolution No. 15-71 adopting assessments for Improvement Project 15-05, Hamburg Avenue; and approve Resolution No. 15-72 awarding contract for Improvement Project 15-05 to Hardrives, Inc. Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little 9. Pheasant Run of Lakeville Preliminary Plat Warren Isrealson of KJ Walk, Inc. requested Council approval of a preliminary plat to be known as Pheasant Run of Lakeville. Mr. Morey presented the preliminary plat, which consists of 193 single family residential lots and 10 outlots on approximately 80 acres of land located east of Pilot Knob Road and north of the city boundary with Farmington. All lots within the preliminary plat meet the lot area, width and depth requirements of the RM -1 District. Mr. Morey provided an overview of the streets and trails proposed to be constructed with this development. Outlot J is being dedicated as park land for the future construction of the North Creek Greenway corridor trail. Upgrades City Council Meeting Minutes, June 1, 2015 Page 5 to an existing sanitary sewer interceptor line are required with this plat. The flow meter needs to be replaced and relocated to a location near the city boundary, within Outlot J. An agreement between the Metropolitan Council, the developer and the cities of Farmington and Lakeville will be brought forward for approval with the final plat. The resolution approving the preliminary plat includes 10 stipulations as recommended by the Planning Commission and an additional stipulation regarding relocation of the flow meter. Motion was made by Davis, seconded by Swecker to approve Resolution No. 15-73 approving the preliminary plat of Pheasant Run of Lakeville. Roll call was taken on the motion. Ayes - Anderson, LaBeau, Davis, Little, Swecker Mayor Little recessed the meeting at 9:07 p.m. and reconvened at 9:12 p.m. 10. Ordinance Amendment Concerning Outdoor Patio Hours Mr. Morey provided a brief overview of the proposed ordinance amending Title 3, Chapter 1, of the city code related to outdoor patio hours in the O -R and C -CBD districts and within 150 feet of a residential use. The proposed ordinance would require an annual administrative permit for those businesses who wish to extend their patio hours from 10 p.m. to midnight on Friday and Saturday nights. The annual administrative permit would require Council approval. The initial administrative permit would require Council approval following a public hearing. As provided in the proposed ordinance, the two hour patio extension would also be contingent upon the following: • An employee of the licensed premises shall be present on the patio during the extended hours to monitor noise levels; • No live or amplified music or entertainment is permitted on the outdoor patio; • Noise from the outdoor patio shall be in compliance with the regulations of Minnesota Administrative Rules Chapter 7030; • The perimeter of the outdoor patio facing an abutting residential use shall include privacy fencing or landscape screening to a height of at least five feet; • No activity of any kind shall be allowed on the outdoor patio after midnight; • The City Council may revoke or alter the terms of the administrative permit for violation of the terms of the permit. Several residents and business owners spoke in support of the two hour outdoor patio extension. Some business owners, however, were not in favor of the proposed administrative permit and additional $100 fee. Several downtown residents spoke in opposition to the extension of patio hours at Babe's Sportsbar & Grill due to the ongoing noise and unruly behavior by Babe's patrons. City Council Meeting Minutes, June 1, 2015 Page 6 The owners of Babe's Sportsbar & Grill responded to the concerns raised by the residents. They indicated they would not pursue the extended patio hours under the proposed administrative permit and conditions. Mayor Little voiced his opposition to the proposed annual administrative permit and conditions, which he feels are unreasonable, unenforceable and place a financial burden on small downtown businesses. He stated he feels the management at Babe's is being responsible, and they have already committed verbally to having an employee present on the patio from 10 p.m. until midnight on Friday and Saturday if the Council agrees to extend the hours. Council member Swecker offered several changes to the proposed administrative permit and conditions. Council Members Anderson and Davis supported the changes. Council Member LaBeau stated she does not support an administrative permit process or the proposed conditions, with the exception of the landscape screening. She offered a compromise to allow extended patio hours until 11 p.m. at this time. She felt that the ordinance could be amended at a future date to allow for a later extension. Council Member Davis stated he feels the proposed conditions, as revised, offer a compromise to this issue in the short term. He supports the administrative permit process, as it allows the council to revoke the permit without revoking the liquor license. Motion was made by Swecker, seconded by Anderson to adopt Ordinance No. 941 as presented, with the following amendments: a. An Administrative Permit to allow the extended hours must be submitted anflua by the licensed business owner and approved by the City Council. The Gity Gouncil will he publie hearing prior- to action on the initial Administr-afive Permit applicatien feAevAag mailed nefiee te A pr-eper-ty ewaer-s within 150 feet of the etttdeer- patie at least !0 day-& prior- te the public hear -i". b. An employee of the licensed premises shall be present on the patio during the extended hours to nite..noise levels. c. No live or amplified music or entertainment is permitted on the outdoor patio during the extended hours d. Noise from the outdoor patio shall be in compliance with the regulations of Minnesota Administrative Rules Chapter 7030. e. The perimeter of the outdoor patio facing an abutting residential use shall include privacy fencing or landscape screening to a height of at least five feet City Council Meeting Minutes, June 1, 2015 Page 7 g. The City Council may revoke or alter the terms of the Administrative Permit for violation of the terms of the permit. Roll call was taken on the motion. Ayes - Davis, Swecker, Anderson Nays, LaBeau and Little 11. Unfinished business: None 12. New business: None Announcements: Next regular Council meeting, June 15, 2015 Mayor Little adjourned the meeting at 10:32 p.m. Respectfully submitted, Charlene Friedges, City Cy le Little, Mayor