Loading...
HomeMy WebLinkAbout01-19-16CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES January 19, 2016 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 Webelos Pack 267 presented the Colors and led the Pledge of Allegiance. Staff Present: Justin Miller, City Administrator; Roger Knutson, City Attorney; John Kornmann, Deputy Police Chief; Chris Petree, Public Works Director; David Olson, Community & Economic Development Director; Jerilyn Erickson, Finance Director; John Hennen, Interim Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Daryl Morey, Planning Director; Brenda Visnovec, Liquor Director; Judi Hawkins, Deputy City Clerk 3. Citizen Comments: None 4. Additional Agenda Information: None 5. Presentations/Introductions Finance Director Jerilyn Erickson presented Council with the 2014 Certificate of Achievement for Excellence in Financial Reporting which the City has received from the Government Finance Officers Association for 27 consecutive years. Ms. Erickson recognized employees Julie Werner, David Lang and Thomas Nesseth for their dedication and commitment. Jay Young, Lakeville Rotary Foundation Chair, presented a check in the amount of $25,000 to be used for the new Land of Amazement playground equipment. The funds were raised by the Rotary Club at the 2015 Taste of Lakeville celebration. Interim Parks and Recreation Director John Hennen accepted the donation and provided an update on the LOA fundraising efforts. Liquor Director Brenda Visnovec presented the 2015 Annual Liquor Report. Ms. Visnovec stated that although several factors including increased competition and road construction had a negative impact, ultimately sales exceeded expectations. The Liquor Stores conducted several fundraising events in 2015 and contributed thousands of dollars to the City's General Fund and community causes. Visnovec was awarded the Minnesota Licensed Beverage City Council Meeting Minutes - January 19, 2016 Page 2 Association Friends of the Industry Award in 2015 for her successful efforts in competing against new big box competition. 6. Consent Agenda Motion was made by Anderson, seconded by Davis, to approve the consent agenda items as follows: a. Claims for payment b. Minutes of the January 4, 2016 City Council meeting c. Minutes of the January 4, 2016 special City Council meeting d. Resolution No. 16-13 accepting donation from Joey Miller, Country Joe Homes, to the Police Department e. Audit Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co. P.A. f. Separation Agreement and Release of Claims between the City of Lakeville and John Arvidson g. Joint Powers Agreement with Dakota County for Sentence to Service Program work crews h. Agreement with Choice Electric for construction of King Park baseball complex lighting L Resolution No. 16-14 accepting donations to the Parks & Recreation Department j. Kenwood Hills Planned Unit Development Amendment k. Grant of Permanent Easement to the Metropolitan Council for Pheasant Run 1. Contract with SavATree for tree pruning services within the 2016 street construction project area m. Agreement with SPC Marketing for digital marketing services at the Lakeville Area Arts Center n. Joint Powers Agreement with Dakota County Community Development Agency for the Open to Business Program o. Resolution No. 16-15 authorizing submittal of the application for 2016 Dakota County Community Development Block Grant funding City Council Meeting Minutes - January 19, 2016 p. Resolution No. 16-16 approving an off-site gambling permit for VFW Post 210 q. Final acceptance of public streets and utilities in Chokecherry Hill Addition r. Second Amendment to Purchase Agreement with George Warweg Voice vote was taken on the motion. Ayes - unanimous Page 3 7. Rosehenge Hall Conditional Use Permit Amendment George Maverick of Rose Mountain, LLC has applied for an amendment to Conditional Use Permit #12-14 to allow extended hours for a private community center at 20732 Holt Avenue known as Rosehenge Hall. This was the former site of the Lakeville Senior Center and has been used as an event/banquet center since 2012. Thirty events were held at Rosehenge in 2014 and 27 in 2015. Mr. Maverick provided information on his request to extend the hours at Rosehenge Hall to midnight on Friday and Saturday nights as well as six other specified evenings throughout the year. Mr. Maverick outlined steps he has taken to reduce the impact to surrounding properties by ensuring that music and noise is contained inside of the building and that guests do not carry alcohol outside. Food and alcohol at the facility are catered exclusively by Rudy's Redeye Grill. The bar currently closes at 10:30 p.m. and guests leave by 11:00 p.m. on Friday and Saturday nights, as stipulated in the CUP. Planning Director Daryl Morey stated that the Planning Commission held a public hearing at their January 7, 2016 meeting; two residents spoke against the request at that meeting. The Planning Commission recommended approval of the amendment on a 4 to 1 vote subject to two stipulations, one being the hours of operation and the other relating to additional parking lot screening adjacent to residential properties. Mr. Maverick is proposing installation of a six-foot vinyl fence on the south and east sides of the property. Since the public hearing a few residents have expressed their desire for Council to deny the request. In the three years since Rosehenge Hall has hosted events the Police Dept. has not received any complaints from neighbors. Planning staff believes the one-hour extension would not have a negative impact and recommends approval. Mayor Little asked if the hours of operation could revert to what is currently allowed if the business was sold and operated in a less responsible manner. City Attorney Knutson stated that would be possible with an interim use permit, which terminates at some specific date, but not with an existing CUP which is attached to the property and the business. If stipulations are violated a CUP can be revoked by Council. City Council Meeting Minutes - January 19, 2016 Page 4 Council Member LaBeau stated that this Council's decision needs to be based on the existing owner and amendment request. Mr. Maverick has shown himself to be a good neighbor and responsible business owners. Mr. Knutson stated that code violations need to be dealt with at the time they take place. Mr. Miller added that the current CUP stipulates hours of operation and that all activities take place indoors; if violations are documented, revocation could be considered by Council. Mr. Maverick stated that keeping the current bar -closing time of 10:30 p.m. would be acceptable. Mr. Knutson stated that Council could choose to add this stipulation. Mayor Little stated that this is not a public hearing, but opened the meeting for comments. Doug Ringeisen,18876 Joplin Avenue, stated that their family owns the three properties south of Rosehenge Hall. He believes that the hours that were agreed on in the original CUP were a good compromise and the neighbors are opposed to extending the hours. Parking is limited and the privacy of the neighbors needs to be considered. Glenn Nord, 20655 Holt Avenue, stated that there is no buffer surrounding the business. He spoke to several neighbors on the block and did not find anyone in support of the extended hours. He believes a long range plan for this established downtown area needs to be developed and questioned if this type of business is appropriate in a neighborhood. Rick Ringeisen, 20058 Italy Avenue, is concerned about the potential for more frequent use of this facility. He believes he represents the neighborhood and residents of Lakeville and that Council is weighing a significant number of voters against only one business. Council Member Swecker stated that she understands the neighbors' concerns due to the change in use from when it was a Senior Center. She believes that one hour is a reasonable request by Mr. Maverick to accommodate his business needs; he wants to continue to be a good neighbor and is willing to end liquor service at 10:30 p.m. Swecker is not in favor of stipulating 10:30 p.m. as the end of liquor service, but feels one additional hour is not a major change for the neighborhood, especially since there haven't been any complaints. She supports the CUP amendment request as presented. Council Member Anderson agrees that one of the biggest challenges in the downtown is lack of buffer areas and that a long-range plan for the downtown would help Council with future decisions. Anderson suggested adding the following stipulations: planting foliage on the parking lot side of the fence to improve aesthetics and add a noise buffer; screening the waste containers per the ordinance; discontinuing alcohol service at 10:30 p.m. as offered by Mr. Maverick; creating an incentive for renters to end their event at 11:00 p.m. instead of midnight; and designating overflow parking in the lot across the street if the owner is willing. City Council Meeting Minutes - January 19, 2016 Page 5 Council Member Davis also agrees with Mr. Nord that a long-range plan is needed for the area to avoid future similar situations. Davis believes some of Anderson's suggestions might overstep Council's authority and attempt to micromanage a private business. He would support the amendment with the additional screening stipulations. Mayor Little stated that Council is faced with difficult decisions when a small group of citizens expresses opposition. Little believes that the business fits into the vision of the downtown and in fairness to Mr. Maverick only stipulations regarding hours of operation, liquor sales and screening should be considered and not the details of the business. Council Member LaBeau stated that this is a unique and challenging property and agrees that an overall long-range plan for the downtown is needed. Out of respect to the citizens she is inclined to deny the request; however, she also respects the business owner as he has done everything possible to work within the existing stipulations. Mr. Morey pointed out that within the setback on the south side of the parking lot there is room for landscaping or a fence, but not both. The Planning Commission also discussed limited parking in the downtown. Parking on site meets the ordinance requirements based on the building capacity and additional parking is located nearby and on the street. Anderson stated that the DLBA needs to work with the downtown businesses on parking solutions. Swecker stated that a downtown plan would be very beneficial to the Council in making these decisions but without a plan there is no basis for adding detailed stipulations when the request is for a one-hour extension. Motion was made by Swecker to approve the amendment to Conditional Use Permit #12-14 for Rosehenge Hall and adopt the Findings of Fact as written. There was no second. R. Ringeisen stated that he had discussed screening with Mr. Maverick and would like to wait until spring to move forward. He believes there was a plan at one time and that properties were put into a TIF District. (Staff subsequently confirmed that there was no TIF District.) Motion was made by Little, seconded by Swecker, to approve the Amendment to Conditional Use Permit #12-14 to extend the hours of operation for a private community center at 20732 Holt Avenue, with additional stipulations: 1) a fence or other screening shall be constructed or planted on the south and east sides of the parking lot, and 2) to discontinue the sale of alcoholic beverages at 10:30 p.m., and to adopt the Findings of Fact. Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little City Council Meeting Minutes - January 19, 2016 Page 6 8. City Administrator Performance Evaluation - Summary Council Member Anderson stated that the Council' annual performance review of Mr. Justin Miller was discussed at a closed meeting earlier this evening. Mr. Miller was found to meet or exceed Council's expectations in all areas. Mr. Miller thanked Council and staff. 9. Unfinished business: None 10. New business: None 11. Announcements: Next regular Council meeting, February 1, 2016 Council work session, January 26, 2016 Mayor Little adjourned the meeting at 8:50 p.m. Respectfully submitted, Ju ' awkins, Deputy City Clerk Matt Li le, Mayor