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Home My WebLink About01-05-09CITY OF LAKEVILLE COUNCIL MEETING MINUTES JANUARY 5, 2009 The Honorable Thomas Poch, District Court Judge, administered the oath of office to Mayor Dahl and Council Members Laurie Rieb and Kerrin Swecker. Mayor Dahl called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Present: Mayor Holly Dahl Council Member Mark Bellows. Council Member Kerrin Swecker Council Member Wendy Wulff Council Member Laurie Rieb Also Present: Elliott Knetsch, Assistant City Attorney Steve Mielke, City Administrator Tom Vonhof, Police Chief Keith Nelson, City Engineer Dennis Feller, Finance Director Daryl Morey, Planning Director Steve Michaud, Parks & Recreation Director Chris Petree, Operations & Maintenance Director Charlene Friedges, City Clerk Mr. Mielke stated that an additional document was provided to the Council concerning agenda item 8. Presentations/Introductions Liquor Director Brenda Visnovec stated Lakeville Liquors recently participated in the Minnesota Municipal Beverage Food Drive sponsored by MillerCoors. Lakeville Liquors Galaxie won the statewide competition, raising 1,690 pounds of food for the Community Action Council. Jon Chance, Area Sales Manager for MillerCoors, presented a $2,000 check to the Community Action Council on behalf of MillerCoors and the Minnesota Municipal Beverage Association. Chris Petree presented the December monthly report of the Operations & Maintenance Department. Citizens' Comments None CITY OF LAKEVILLE COUNCIL MEETING MINUTES JANUARY 5, 2009 Page 2 Consent Agenda 09.01 Motion was made by Bellows, seconded by Rieb to approve the consent agenda items as follows: a: Claims for payment. b. Minutes of the December 15, 2008 City Council meeting. c. Final acceptance of public utilities in Chadwick Farm 4t".Addition. d. Final acceptance of .public utilities in Fieldstone Creek 5t" Addition. e. Final acceptance of public utilities and street improvements for Trinity Evangelical Free Church. f. Final acceptance of public streets in Woodhill. g: :Agreement with Teamsters Public & Law Enforcement Employees Union, Local 320, for 2009-2010. h. Summary of Ordinance No. 851 .amending Title 1 1 of the Lakeville. City Code concerning the Planned Unit Development District for. the Spirit of Brandtjen Farm: i. Ordinance No. 852 amending Title 3, Chapter 1 of the Lakeville City Code concerning alcoholic beverages. j. Designation of Thisvveek Newspapers as the official City newspaper for 2009. k. Red Flags Rule Identity Theft Prevention Program. I. Agreement for Professional Planning Services with Northwest Associated Consultants for the zoning. ordinance update. m. Resolution No. 09-1 accepting donations to the Parks & Recreation Department. n. Contract with Dakota County for Sentence to Service Program work crews. CITY OF LAKEVILLE COUNCIL MEETING MINUTES JANUARY 5, 2009 Page 3 o. Joint Powers Agreement for 2009 street maintenance services and materials. p. Lease Agreement for Ambulance Station with Allina Medical Transportation. q. Contract for Services with Dignity, Inc. for janitorial services at the Central Maintenance Facility. r. Contract for Services with Multi-Services, Inc. for janitorial services at the Police Station. Roll call was .taken on the motion. Ayes, unanimous. Item 7 -Liquor License for EI Lorito Mexican Restaurant Mayor Dahl opened the public .hearing on the issuance of an on-sale and Sunday liquor license to EI Lorito Mexican Restaurant, 8275-210th Street West. The city clerk attested to legal notice publication. The applicant, William Alex Gomez, requested approval of an on-sale and Sunday liquor license for the restaurant he plans to open in Lakeville. He informed the City Council that he currently holds an on-sale liquor license at his restaurant in Burnsville. Sergeant Knutson presented the police report for EI Lorito Mexican Restaurant, which is owned solely by Mr. Gomez. He stated background checks were completed and revealed no issues that would prevent Mr. Gomez from obtaining a liquor license. Council Member Swecker asked Mr. Gomez to describe his alcohol server policies and training. Mr. Gomez explained that his employees participate in the Burnsville Police Department's Best Practices Training Program, and they have not failed a compliance check. He also stated his servers scan all IDs prior to serving alcohol. 09.02 Motion was made by Bellows, seconded by Rieb to close the public hearing on the issuance of an on-sale and Sunday liquor license to EI Lorito Mexican Restaurant. CITY OF LAKEVILLE COUNCIL MEETING MINUTES JANUARY 5, 2009 Page 4 Roll call was taken on the motion. Ayes, unanimous. 09.03 Motion was made by Bellows, seconded by Wulff to grant on on-sale and Sunday liquor license to EI l_orito Mexican Restaurant, 8275 - 210t" Street Wesf. Roll call was taken on the motion. Ayes, unanimous. Item 8 -Liquor License Violation of Harry's Cafe Mayor Dahl opened. the public hearing on the alleged liquor license violation of Harry's Cafe. Assistant City Attorney Elliott Knetsch presented the police report on the alleged violation. He explained that on May 30, 2008, an underage alcohol compliance check was conducted at Harry's Cafe by Officer Jensen. The underage buyer was served alcohol by an employee of Harry's Cafe. The server did not ask the buyer_for identification. The criminal-.case involving the server has been concluded in court, and the server pled guilty to the charges. The alleged violation would be Harry's Cafe's second violation in a three-year period. In accordance with Lakeville City Code 3-1-14-4, the presumptive penalty is a three day suspension of the liquor license. The licensee, Harry Brand, has elected to appeal the suspension. Mr. Knetsch explained that the police report indicates the server stated she thought she recognized the buyer, and that he had purchased alcohol previously at that establishment with valid identification. Officer Jensen contacted the buyer, who denied the accusation and stated he has not been in the establishment other than to conduct compliance checks with the Lakeville Police Department. Mr. Brand addressed the City Council, stating that according to his server, the buyer had come in to the. establishment previously and had purchased alcohol with, what they now believe was, a fake ID. Because the server recognized him and had previously carded him, she did not ask for identification on May 30t". Mr. Brand also provided information and statements questioning. the credibility of the underage buyer. .CITY OF LAKEVILLE COUNCIL MEETING MINUTES JANUARYS, 2009 Page 5 Council Member Swecker stated she feels it is the owner's responsibility to establish policies within the organization to ensure that alcohol related violations. do no# occur, and the City takes these violations very seriously. Mayor Dahl opened the hearing to questions and comments from the audience. Jo Baker, representing the Dakota County Chapter of MADD, spoke in support of law enforcement efforts and laws concerning the sale and consumption of alcohol..She stated that imposing penalties for violations keeps the community law abiding and safe. 09.04 Motion was made by Bellows, seconded by Rieb to close the public hearing on the alleged liquor license violation of Harry's Cafe. Roll call was taken on the motion. Ayes, unanimous. Council Member Wulff explained to Mr. Brand that the City's liquor stores have failed compliance checks in the past and served the same penalty that any other licensed establishment would serve. 09.05 Motion was made by Swecker, seconded by Wulff to adopt Findings of Fact and Decision imposing. a three day liquor license suspension to Harry's Cafe, with the suspension to be served from January 23-25, 2009. Roll call was taken on the motion. Ayes, unanimous. Item 9 -Acting Mayor Appointment 09.06 Motion was made by Wulff, seconded by Rieb to appoint Council Member Bellows as Acting Mayor for 2009. Roll call was taken on the motion. Ayes., unanimous. Item 10 -Advisory Committee Appointments 09.07 Motion was made by Rieb, seconded by Swecker to appoint the following advisory committee members: CITY OF LAKEVILLE COUNCIL MEETING MINUTES JANUARY 5, 2009 Page 6 Planning Commission Brooks Lillehei Joe Blee (Alternate) Rick Bussler (Ex-officio) Parks, Recreation 8~ Natural Resources Committee Pat Messinger Judy Hayes Jeanne Peterson Telecommunications Commission Aaron Tinklenberg Terry- Lind Greg Stattman Economic Development Commission James Emond, Sr. Gary Tushie Jerry Erickson (Alternate) Arts Center Board Robert Erickson Steve Porter Anna Marie Johnson Michelle Gensinger (Alternate) Roll call was taken on the motion. Ayes, unanimous. New Business None Term Expires 12/31/1.1 12/31/09 12/31/09 Term Expires 12/31/11 12/31/11 12/31 / 10 Term Expires 12/31/10 12/31/10 12/31 / 10 Term Expires 12/31./11 12/31/11 12/31/09 Term Expires 12/31/11. 12/31/ 1 1 12/31/09 12/31/09 Announcements - Next regular Council meeting, Tuesday, January 20, 2009 Mayor Dahl adjourned the. meeting at 8:07 p.m. Res ectfully sub fitted, I~ydr,ene Friedge , ity Clerk .~ r f Holl J ahl:~M v r