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HomeMy WebLinkAbout07-06-2021CITY OF LAKEVILLE CITY COUNCIL MEETING MINUTES July 06, 2021 Mayor Anderson called the meeting to order at 6:30 p.m. Members Present: Mayor Anderson, Council Members Bermel, Hellier, Lee, Volk Staff Present: Jared Shepherd, City Attorney; Justin Miller, City Administrator; Jeff Long, Police Chief; Paul Oehme, Public Works Director; David Olson, Community & Economic Development Director; John Hennen, Parks & Recreation Director; Daryl Morey, Planning Director; Mike Meyer, Fire Chief; Allyn Kuennen, Assistant City Administrator; Charlene Friedges, City Clerk 3. Citizen Comments: • No citizen comments 4. Additional Agenda Information: • No additional agenda information 5. Presentations/Introductions: • Chief Meyer presented the Fire Department Quarterly Report. • Paul Oehme presented the Public Works Quarterly Report. 6. Consent Agenda: Motion was made by Bermel, seconded by Lee, to approve the following: a. Check Register Summary b. Minutes of the 6/21/2021 City Council Meeting c. Contract with TMG Construction for Arts Center Storage Building Repairs d. Stantec Proposal for Professional Services for Cedar Avenue Culvert Improvements e. Change Order #1 with TMG Construction for the City Hall Bathroom Remodel f. Contract with Swedebro for Central Maintenance Facility Fleet Garage Floor Coating g. Appointment of Planning Commission Ex -Officio Member Melissa Field CITY COUNCIL Minutes, July 06, 2021 h. Change Order #2 for the 2021 Miscellaneous Road Repairs and Overlays Project i. Award contract to Sunram Construction for Project 20-14, Middle Creek Stream Restoration, and approve Resolution No. 21-86 authorizing funding j. Conditional Use Permit for JMK Investments, LLC k. Dakota Electric Association Conditional Use Permit Page 2 1. Contract with George Mueller for Lakeville Area Arts Center Commissioned Sculpture m. Proposal from KI for the Purchase of Lakeville Area Arts Center Theater Floor Seating n. Award Contract to Sunram Construction for Orchard Lake Watershed Improvements Roll call was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk 7. Delmar Easement Vacation Public Hearing Mayor Anderson opened the public hearing on the vacation of drainage and utility easements on Lots 4 and 5, Block 4, Airlake Industrial Park Second Addition. Planning Director Daryl Morey presented the proposed easement vacation on behalf of Mindell Investments, LLC. The easement vacation will allow the combination of two properties and the construction of a new building connecting the two existing buildings located at 21339 and 21355 Heywood Avenue. There were no questions or comments. Motion was made by Hellier, seconded by Volk, to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Bermel, seconded by Lee, to approve Resolution No. 21-89 vacating public drainage and utility easements in Airlake Industrial Park Second Addition. Roll call was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk 8. Lakeville North High School Conditional Use Permit Amendment Beth Louden of ISD 194 requested Council approval of a conditional use permit amendment to allow a multi -sport dome field at Lakeville North High School. She stated the purpose of the dome is to increase access to year-round recreational activities and athletic training. CITY COUNCIL Minutes, July 06, 2021 Page 3 Stephen Bellairs from the DLR Group provided an overview of the project. He presented information on the location, dimensions and materials for the proposed dome. He explained that the dome will be inflated during the cold season, approximately mid-October until mid- April. Planning Director Morey presented the staff report on the school district's request to amend Conditional Use Permit No. 91-07, which was approved for the original construction of the high school and related sports fields. The proposed dome will be constructed over the existing turf field. It will be 75 feet in height and 99,000 square feet in area with an additional enclosure for portable restrooms. The proposed dome structure complies with the zoning ordinance requirements. Motion was made by Hellier, seconded by Volk, to approve findings of fact and an amendment to Conditional Use Permit No. 91-07 to allow a multi -sport dome at Lakeville North High School, 19600 Ipava Avenue. Roll call was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk 9. Crystal Park Preliminary Plat and Easement Vacation Reid Schulz of D.R. Horton requested Council approval of the Crystal Park preliminary plat, consisting of 52 attached townhome lots on approximately 16 acres located north of 165th Street and west of Ipava Avenue. The property is guided for medium density residential. A public cul-de-sac street off 165th Street W. will provide access to the site. Planning Director Morey presented the staff report for the Crystal Park preliminary plat and vacation of drainage and utility easements. The easements being vacated will be replaced with a combination of permanent and temporary easements. He provided an overview of the proposed exterior materials, which meet the zoning ordinance requirements. Outlot A will be retained by Hosanna Church for future development. Motion was made by Bermel, seconded by Lee, to approve Resolution No. 21-90 approving the preliminary plat of Crystal Park and Resolution No. 21-91 vacating drainage and utility easements. Roll call was taken on the motion. Ayes - Bermel, Hellier, Lee, Volk; Anderson abstained due to a conflict of interest. 10. Application of Alibi Drinkery, LLC for an On -Sale and Sunday Liquor License City Administrator Miller reviewed the police investigative report that was prepared following the June 21st council meeting. The report states that the applicant, Jose Colon, made false, CITY COUNCIL Minutes, July 06, 2021 Page 4 inconsistent and misleading statements regarding the ownership and operations of his proposed business. The City Attorney's office developed findings of fact to support denial of the liquor license. Mr. Miller pointed out Paragraph 12 of the findings of fact which states, "The Application provides as follows: The data on this form will be used to consider your liquor license ... You are not required by State law or City ordinance to answer any questions or provide the information requested. However, failure to answer questions or provide the information requested will prevent the City of Lakeville from processing your application. ANY FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS WILL RESULT IN DENIAL OF THE LIQUOR LICENSE." Jose Colon addressed the council regarding the lease he signed with Fairfield Crossing LLC. He stated the landlord, Metro Equity, required that Lisa Zarza and Ricardo Baldazo be designated to operate the business in order to assure the success of the business. He stated his intention was to hire Ms. Zarza and Mr. Baldazo only as consultants; however, his attempts to get the lease modified by Metro Equity have been unsuccessful. He stated he feels he is being unfairly judged by how the previous owners ran the business. He assured the council that he intends to operate Alibi Drinkery in a law-abiding manner. Council members asked several questions regarding the terms of the lease and the previous owners' involvement with the business. Mr. Colon responded. Lee pointed out that the disclosures made in Mr. Colon's license application regarding the involvement by the previous owners do not align with what is written in the lease. Several persons in attendance spoke in support of the applicant and implored the City Council to grant the liquor license. The previous owner, Lisa Zarza, stated she wants to sell her business so she can move on, and she wants to sell it to Jose because he will honor the integrity of Alibi and what she has done for the community. Council members expressed concerns with the discrepancies and inaccuracy of the information provided by Mr. Colon in his liquor license application. Motion was made by Lee, seconded by Bermel, to deny Alibi Drinkery's application for an on - sale and Sunday liquor license and adopt findings of fact in support of denial. Mr. Colon stated he wished to rescind his application and resubmit it. Motion was made by Lee, seconded by Bermel, to withdraw the previous motion. Roll call was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk CITY COUNCIL Minutes, July 06, 2021 Page 5 Mayor Anderson confirmed that the liquor license application of Alibi Drinkery LLC has been withdrawn. 11. Unfinished business: No unfinished business 12. New business: No new business 13. Announcements: • Next Regular Meeting, July 19, 2021 Motion was made by Volk, seconded by Hellier, to adjourn. Voice vote was taken on the motion. Ayes - Anderson, Bermel, Hellier, Lee, Volk The meeting adjourned at 8:27 p.m. Respectfully submitted, C Charlene Friedges, City C k Douglas P. Anderson, Mayor