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HomeMy WebLinkAboutItem 06.c CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES June 15, 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 Ed Mako thanked the City Council for establishing a dog park in Ritter Farm Park. He encouraged the City Council, news media and all volunteers to use the proper name for Lakeville’s summer celebration, Panorama of Progress. In response to a concern by a resident who lives at 20655 Hughes Avenue, staff confirmed that there are no plans to build homes on the Jaycee Park property. 4. No additional agenda information. 5. Presentations/Introductions Jarrod Bauer of Center Point Energy presented a grant in the amount of $2,500 to the Lakeville Fire Department. The grant dollars will assist in replacing a thermal imaging camera. Chief Meyer introduced Assistant Fire Chief Charlie Smith. He then presented the Fire Department’s first quarter report. Panorama of Progress President Diana Neameyer provided an overview of this year’s events. Brett Altergott presented the May monthly report of the Parks & Recreation Department. He then asked the City Council to designate July as Park and Recreation Month in Lakeville. Council Member LaBeau read the proclamation. City Council Meeting Minutes, June 15, 2015 Page 2 Consent Agenda Motion was made by Swecker, seconded by LaBeau, to approve the following consent agenda items: a. Claims for payment b. Minutes of the June 1, 2015 City Council meeting. c. Resolution No. 15-74 granting approval to the Lakeville Lions to conduct off-site gambling at the Lakeville Area Arts Center on July 9, 2015 d. Ordinance No. 942 amending Title 3 of the Lakeville City Code concerning on-sale Sunday liquor sales and the sale of growlers at off-sale on Sunday e. Renewal of on-sale liquor, wine and 3.2% malt liquor licenses for the following businesses effective July 1, 2015 to June 30, 2016 Applebee’s Grill & Bar Babe’s Sportsbar & Grill Baldy’s BBQ Brackett’s Crossing Country Club Brunswick Zone XL-Lakeville Buffalo Wild Wings Carbone’s Pizza Bar & Grill Chart House Restaurant Crystal Lake Country Club El Parian Mexican Restaurant Goodfella’s Pizza Bar & Grill Green Mill Harry’s Café Lakeville Family Bowl Mainstreet After Hours Ole Piper Restaurant Porter House Steak & Seafood Grill Rudy’s Redeye Grill Sawa Japan Steakhouse & Sushi Spice Café Tak Shing Chinese Restaurant Teresa’s Mexican Restaurant Holiday #504 Kwik Trip #694 Kwik Trip #692 Kwik Trip #343 SuperAmerica #5006 SuperAmerica #4528 SuperAmerica #4490 SuperAmerica #4337 SuperValu/Cub Foods-179th Street SuperValu/Cub Foods-Heritage Dr. SuperValu/Cub Foods-Kenwood Target Walmart f. Resolution No. 15-75 authorizing issuance and sale of $17,585,000 General Obligation Improvement Bonds, Series 2015A g. Resolution No. 15-76 approving amendment to Tax Increment Financing District No. 19 City Council Meeting Minutes, June 15, 2015 Page 3 h. Agreement with Jeff Reisinger Lawn Service, Inc. for mowing urban residential properties i. Spirit of Brandtjen Farm Commercial 2nd Addition final plat extension j. Findings of fact and Amendment to Conditional Use Permit No. 89-02 allowing an expansion to the Dakota Pet Hospital veterinary clinic located at 20136 Icenic Trail k. Resolution No. 15-77 approving the Sonnet preliminary and final plat of one commercial lot; findings of fact and conditional use permit for a daycare facility as a principal use in the C-3, General Commercial District and impervious surface area greater than 25% in the Shoreland Overlay District l. Partial Release of Development contracts and Planned Unit Development Agreements for Timbercrest at Lakeville and Timbercrest at Lakeville 4th Addition Voice vote was taken on the motion. Ayes – unanimous 7. Mendell Inc. Tax Increment Financing District No. 20 Mayor Little opened the public hearing on the proposed modification of the Redevelopment Plan for Redevelopment Project No. 1 and the establishment of Tax Increment Financing (TIF) District No. 20 to facilitate an expansion of the building occupied by Mendell Inc. in Airlake Industrial Park. Bryan Bartz, President of Mendell, requested Council approval of the Tax Increment Financing District to accommodate a proposed 18,700 square foot expansion of their existing 28,600 square foot building located at 21463 Grenada Avenue. Mr. Olson stated the company is requesting tax increment financing to assist in over $455,035 in site development costs associated with the project. The proposed TIF assistance will not exceed $155,912. It is structured on a “pay-as-you-go” basis over a nine year period, leaving no financial risk to the City. Mendell currently has 94 employees. The expansion will generate 12- 25 new professional positions over the next two years. There were no questions or comments from the public. Motion was made by Davis, seconded by Swecker, to close the public hearing. Roll call was taken on the motion. Ayes – Davis, Little, Swecker, Anderson, LaBeau City Council Meeting Minutes, June 15, 2015 Page 4 Motion was made by Davis, seconded by Anderson, to approve Resolution No. 15-78 approving the modification of Airlake Redevelopment Project No. 1 and establishing a Tax Increment Financing District and approving a Tax Increment Financing Plan therefor. Roll call was taken on the motion. Ayes – Little, Swecker, Anderson, LaBeau, Davis 8. Four Year Mayoral Term Mayor Little invited public comments related to a proposed ordinance changing the mayor’s term of office from two years to four. Patrick Harvey, 18647 Kalmar Trail, Duane Zaun, 9586 202nd Street, and Ed Mako, 8455 207th Street, stated they do not support changing the mayor’s term from two years to four and urged the City Council to not take action on this ordinance. No action was taken. 9. Tobacco, Smoking Lounges, Vapor Lounges and E-Cigarettes Mr. Kuennen presented a proposed ordinance amending Titles 3 and 4 of the City Code concerning tobacco and e-cigarettes. The proposed ordinance amends the basis for denial of a license to include convictions of narcotic possession and drug paraphernalia possession. It also eliminates the Best Practices Program and revises the civil penalties for ordinance violations. As directed by the City Council at its May 11th work session, the proposed ordinance prohibits the use of electronic delivery devices in all public places in Lakeville. He explained that the ordinance does not prohibit sampling of vapor products in a vapor products shop. Sampling would be allowed in a licensed retail establishment that derives more than 90% of its gross revenue from the sale of vapor products. This is consistent with the Clean Indoor Air Act, which allows sampling of tobacco products in a tobacco products shop. Emily Anderson, speaking on behalf of the MN Association of Non-Smokers, expressed support of the proposed ordinance prohibiting the use of electronic cigarettes wherever smoking is prohibited under State law, and urged the City Council to prohibit the practice of sampling in tobacco shops and electronic cigarette shops. Cap O’Rourke, speaking on behalf of the Independent Vaping Retailers of Minnesota, explained that it is important for retailers to allow customers to sample their products and devices. He felt that the ordinance, as written, prohibits sampling. He urged the City Council to adopt an ordinance that allows sampling in licensed retail establishments. David Pettis, owner of the electronic cigarette store at 8343 - 210th Street, stated he supports the proposed ordinance; however, he urged the City Council to allow sampling in e-cigarette retail City Council Meeting Minutes, June 15, 2015 Page 5 establishments. He stated the samples that are provided in his store do not contain nicotine. He further stated he does not intend to operate a vapor lounge. Pat Stieg, representing the Minnesota Cancer Alliance, urged the City Council to adopt the ordinance prohibiting the use of e-cigarettes in public places in Lakeville where tobacco products are prohibited under the Minnesota Clean Air Act. A Lakeville resident spoke in support of e-cigarettes and explained how the transition from tobacco to e-cigarettes helped her quit smoking and improved her health. Lakeville resident Scott Kelly suggested clarification in the ordinance language with respect to sampling. He further suggested the definition of smoking and vapor lounges should be modified to clearly state what can and cannot happen in those locations. Jason Downing, representing the Minnesota Vapors Advocacy, expressed opposition to the proposed ordinance. The City Attorney was directed to clarify the language in the ordinance to prohibit smoking and vapor lounges and to prohibit the use of electronic cigarettes in public places where tobacco products are prohibited. The ordinance should also allow sampling by customers and employees of licensed retail vapor shops. A revised ordinance will be placed on the July 6th City Council meeting agenda. 10. Chokecherry Hill 4th Addition Jim Stanton of Shamrock Development requested Council approval of the Chokecherry Hill 4th Addition preliminary plat. Mr. Morey presented the Chokecherry Hill preliminary plat of 125 single family lots and six outlots located north of 190th Street and west of Highview Avenue. The preliminary plat includes a Comprehensive Plan amendment to bring approximately 22 acres into the Metropolitan Urban Service Area and guide that portion low/medium density residential. Those same 22 acres are proposed to be rezoned from RA, Rural/Agricultural, to RS-3, Single Family Residential District. Mr. Morey explained that a preliminary design was developed by the City’s transportation consultant to estimate the amount of right-of-way required to construct intersection improvements at Highview Avenue and 190th Street. The developer is dedicating right-of-way for future intersection improvements based on this preliminary design. The City’s transportation consultant has recommended a roundabout as the preferred option for traffic safety. The study determined that, given residential growth in the area, the intersection City Council Meeting Minutes, June 15, 2015 Page 6 improvements may be required by the year 2021. However, the intersection improvements may be beneficial in 2017 to accommodate re-routed traffic when the CSAH 50 project is under construction. In the interim, the developer has agreed to provide dedicated right and left turn lanes at this intersection both northbound and southbound. Council members discussed the Highview Avenue and 190th Street intersection design. It was pointed out that while the traffic consultant has recommended a roundabout as the preferred option, the City Council has not made a decision. Intersection design options will be discussed when the Council reviews the City’s five year Capital Improvement Plan later this summer. Motion was made by Swecker, seconded by Davis, to approve Resolution No. 15-79 approving the preliminary plat of Chokecherry Hill 4th Addition; Resolution No. 15-80 approving an amendment to the Comprehensive Plan for Chokecherry Hill 4th Addition; and Ordinance No. 943 rezoning property from RA to RS-3. Council Member Anderson suggested that intersection design options and right-of-way dedication should be clarified prior to final plat approval. Mr. Miller stated the transportation consultant’s traffic study would be placed on a future Council work session agenda, which will help clarify why staff is recommending this intersection option. Roll call was taken on the motion. Ayes – Swecker, Anderson, LaBeau, Davis, Little 11. City Administrator Performance Evaluation Summary Council Member Davis read the following statement: The City Council completed a six month performance review for City Administrator Justin Miller tonight at a special closed meeting. Many factors were reviewed including his engagement, his understanding of department operations, his leadership, and his communications with the Council, the public, and the employees. We find Mr. Miller’s performance to be consistently at or above the Council’s expectations. As per Mr. Miller’s approved contract and based on the outcome of this evaluation, we recommend that his pay increase to $142,197 effective June 29, 2015. 12. Unfinished business: None 13. New business: None 14. Announcements: Next regular Council meeting, July 6, 2015 Council work session, June 22, 2015 Joint City Council/ISD 194 School Board meeting, June 18, 2015 City Council Meeting Minutes, June 15, 2015 Page 7 15. CLOSED SESSION Motion was made by Anderson, seconded by Davis to close the meeting as permitted by Minnesota Statutes Section 13D.05, subdivision 3(c) to consider offers relating to the City’s possible purchase of property located at 20088 Kenwood Trail, 20116 Kenwood Trail and 20157 Icenic Trail. Roll call was taken on the motion. Ayes – Anderson, LaBeau, Davis, Little, Swecker The City Council met in closed session in the Marion Conference Room at 9:40 p.m. Mayor Little adjourned the meeting at 10:10 p.m. Respectfully submitted, _______________________________________ Charlene Friedges, City Clerk _______________________________________ Matt Little, Mayor