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Home My WebLink About05-06-2024 MINUTES CITY COUNCIL MEETING May 6,2024-6:00 PM City Hall Council Chambers 1. Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6:00 P.M. 2. Roll Call Members Present: Mayor Hellier, Council Members Lee, Volk, Wolter Absent: Bermel Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; John Hennen, Parks& Recreation Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director; Frank Dempsey, Associate Planner 3. Citizen Comments Kami Sanders, a resident of Lakeville, addressed the Mayor and City Council about an event that occurred on social media. Mayor Hellier responded to Ms. Sanders. Tami Field, 18132 Ironstone Way, addressed the Mayor and City Council about her disappointment in their response to this event. Mayor Hellier responded to Ms. Field. 4. Additional agenda information None 5. Presentations/Introductions a. Police Department Quarterly Report Police Chief Paulson provided the quarterly update. 6. Consent Agenda Motion was made by Wolter, seconded by Volk, to approve the following: Voice vote was taken on the motion. Ayes- Hellier, Lee, Volk, Wolter a. Check Register Summary City Council Meeting Minutes May 6, 2024 Page 2 b. Minutes of the 04/15/2024 City Council Meeting c. Lakeville Police Department to enter into a Minnesota Department of Public Safety Grant Agreement for Intensive Compre6ensive Peace Officer Education and Training 2024 d. Contract Amendment for Ipava Avenue Tree Watering and Maintenance e. Amending the 2024 Fee Schedule f. 2024 Surface Seal Project Award of Construction Contract g. Contract for Stump Removal Services h. Agreement Between City of Lakeville and GameTime for the Purchase of Playground and Challenge Course Equipment and with MWP Recreation for the Installation of Equipment: CIP 24-20 i. First Amendment to Concession Agreement Between t6e City of Lakeville and Lakeville Brewing Company, LLC. j. Purchase Agreement with Dakota County for Wetland Banking Credits for Airlake Improvements k. Resolution Calling a Public Hearing on Proposed Assessments Ipava Avenue and Indiana Avenue Improvements 7. Action Items a. Public Hearing on the application for Lakeville Brewing Co, LLC DBA "LBC on the Lake" for an On-Sale Intoxicating Liquor License LBC on the Lake, located at 20135 Ipava Avenue, will open a concession stand in Antlers Park. The business will operate as a counter-service concession stand, serving food and N/A drinks throughout the park. Food,beer, and wine will be permitted in the fenced area adjacent to and to the West of the building. Mayor Hellier opened the public hearing at 6:22 p.m. There were no comments from the public. Motion was made by Volk, seconded by Wolter, to close the public hearing at 6:23 p.m. Voice vote was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter Motion was made by Lee, seconded by Volk, to grant an On-Sale Intoxicating license for LBC on the Lake. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter b. Public Hearing on the application for Final Final Final Lounge& Event Center for a Consumption and Display Permit Final Final Final Lounge & Event Center, located at 17830 Kenwood Trail,has requested a consumption and display(set-up) permit. The permit allows customers to bring alcoholic beverages for consumption on the premises but does not allow the sale of alcohol. It requires approval by both the local governing body and the State of Minnesota Alcohol and Gambling Enforcement Division. City Council Meeting Minutes May 6, 2024 Page 3 Mayor Hellier opened the public hearing at 6:24 p.m. There were no comments from the public. Motion was made by Lee, seconded by Volk,to close the public hearing at 6:25 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk,Wolter Motion was made by Lee, seconded by Volk,to grant a Consumption and Display Permit to Final, Final, Final Event and Display Center. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter c. Ordinance Amending Titles 10 and 11 of the City Code and Summary Ordinance for Publication Community Development Director Goodroad presented the staff report on the Zoning Ordinance Amendments. The proposed ordinance amendment is Phase 1 of the 2024 annual review and update of the Zoning Ordinance, and it includes amendments pertaining to outlot subdivision and subdivision applications, natural landscaping, sacred communities, residential transition requirements, public parking, commercial car washes, and uses within the M-2 and I-1 districts. In addition, the ordinance amendment includes modifications to various zoning definitions, minimum plant sizes, outdoor storage, education uses,home occupations, and motor fuel facility signs. The Planning Commission unanimously recommended approval of the ordinance amendment. The council asked questions related to the hours and noise surrounding the operation of car washes. The Council had concerns about the change in the requirement for the overall buffer height and would like it to be evaluated by staff. Motion was made by Lee, seconded by Wolter, to approve an ordinance amending Titles 10 and 11 of the City Code and a summary ordinance for publication with the exception of Section 13A. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter d. Superior Sand and Gravel Interim Use Permit Dan Swift, with Superior Sand and Gravel,requested an Interim Use Permit(IUP)to allow mining and excavation, grading, filling, and aggregate processing operations on property located in the northeast quadrant of Kenrick Avenue and 195th Street at 19250 Kenrick Avenue. Superior Sand and Gravel proposed to excavate the aggregate deposit within the 100-foot-wide high-pressure gas main easement that runs north and south through the approximate west one-third of the property that was recently abandoned by CenterPoint Energy. Associate Planner Frank Dempsey presented the staff report. An Interim Use Permit is required to allow grading, filling, and processing on the property with no concrete or bituminous demolition crushing on site. The applicant requests active mining and excavation within the vacated easement area with final site rehabilitation and grading through December 31, 2029. The Planning Commission held a public hearing at its Apri125, 2024, meeting. There were comments provided by three individuals, one in Ciry Council Meeting Minutes May 6, 2024 Page 4 person and two via email. The Planning Commission recommended unanimous approval of the interim use permit subject to 19 stipulations. Doug Anderson, 198127 Jersey Ave, addressed the City Council and was grateful that the application includes the restriction that material will not be imported to the site for processing. However, Mr. Anderson added that he has concerns about the timing of the IUP. He requested the Council to consider approving an extension of the permit for two years as presented with the stipulations clarified by Mr. Dempsey's report and add a stipulation that there would be no further extensions after two years. Council asked questions related to the manning operation, and the grading permit, and the timeline. The also discussed changing the end date to 2026. Motion was made by Volk, seconded by Wolter, to table it to the next council meeting May 20. Roll call was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter 8. Unfinished Business None. 9. New Business None. 10. Announcements a. Next Regular City Council Meeting May 20,2024 b. Next Work Session Meeting Tuesday,May 28,2024 11. Adjourn Motion was made by Wolter, seconded by Volk, to adjourn the meeting at 7:30 p.m. Voice vote was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter Respectfully Submitted, Ann Orl fsk Ci Clerk �e M. Heller, Ma or Y� h' Y