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HomeMy WebLinkAbout06-16-08CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2008 Mayor Dahl called the meeting to order at 7:00 p.m. The pledge of allegiance to the flag was given. Roll call was taken. Present: Council Members Bellows, Rieb, Wulff and Mayor Dahl. Absent: Council Member Swecker. Also present: R. Knutson, City Attorney; S. Mielke, City Administrator; T. Vonhof, Police Chief; K. Nelson, City Engineer; D. Olson, Community & Economic Development Director; D. Feller, Finance Director; S. Michaud, Parks 8~ Recreation Director; D. Morey, Planning Director; Sergeant .Knutson; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. Mr. Mielke had no additional agenda information. Presentations/Introductions - Pan-O-Prog President Kristen Babcock outlined the schedule of events for this year's Pan-O-Prog celebration and provided Pan-O-Prog buttons to the council members and staff. Chief Vonhof presented a Chief's Award of Merit to employees of Citizens Bank, (.Heather Blackwell, Sara Forrey, Pamela Comfort and Pamela Stoltenberg) for their professionalism and quick response that assisted in the apprehension of a bank robbery suspect. Chief Vonhof presented the May Police Department monthly report. Steve Michaud presented the May monthly report of the Parks 8~ Recreation Department. Citizens' Comments None Consent Agenda 08.57 Motion was made by Bellows, seconded by Wulff to approve the consent agenda items as follows: a. Claims for payment. CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2008 PAGE 2 b. Minutes of the June 2, 2008 City Council meeting.. c. Receive minutes of the June 5th Planning Commission and the June 4th Parks, Recreation & Natural Resources Committee meetings. d. Resolution No. 08-87 accepting donation from Coleman Technologies, Inc. to the Police Department. e. Resolution No. 08-88 accepting donation from the Minnesota Safety Council to the Police Department. f. Receive Lakeville Volunteer Firefighters Relief. Association Comprehensive Annual Financial Report. for the year ended December 31, 2007. g. Resolution No. 08-89 acknowledging receipt of Lakeville Arenas 2009 Budget. h. .Resolution No. 08-90 approving budget and authorizing the Apple Valley, Lakeville, Farmington (ALF) Ambulance Service to pursue and perhaps enter into a contract to provide contractual ambulance service. i. Change Order No. 1 and final payment to Kimmes-Bauer Well Drilling, Inc. for construction of Casperson Park irrigation well, Improvement Project 07-15. j. Adopt Lakeville Water Resources Management Plan, Improvement Project 07-08. k. Resolution No. 08-91 imposing weight restrictions on Judicial Road, 185th Street to 205th Street, Improvement Project 08-03. One year preliminary plat extension for Quail Ridge 2nd Addition. m. Resolution No. 08-92 approving change orders for the Police Department project. Roll call was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2008 PAGE 3 Item 7 -Buffalo Wild Wings Liquor License Mayor Dahl opened the public hearing on the application of Blazin Wings, Inc. for an on-sale and Sunday liquor license at Buffalo Wild Wings Grill & Bar, 18425 Orchard Trail. The City Clerk attested to Legal notice publication. Regional Manager Sue Benson and General Manager Jerry Eck presented the liquor license request on behalf of Blazin Wings, Inc. Mr. Eck stated Buffalo Wild Wings is afull-service restaurant and bar that caters to families, high school students, sports enthusiasts and special events. Their hours of operation will be 11 a.m. to 1 a.m. Monday through Saturday, and they close at midnight on Sunday. In an effort to prevent the sale of alcohol to underage persons, he stated they have a mandatory training program for bartenders and servers and a corporate sponsored alcohol compliance program. Mr. Eck further stated that approximately 75~ of their revenue is derived from the sale of food. Sergeant Knutson presented the Police Department's Investigative Summary for this liquor license request. He stated Blazin Wings, Inc. submitted a very complete application. Background investigations were completed and clear. The applicant is requesting an outdoor patio on the east end of their establishment, which meets the City's ordinance requirements. There were no questions or comments. 08.58 Motion was made by Bellows, seconded by Rieb to close the public hearing on the liquor license application of Blazin Wings, Inc. Roll call was taken on the motion. Ayes, unanimous. 08.59 Motion was made. by Rieb, seconded by Wulff to grant an on-sale and Sunday liquor license to Blazin Wings, Inc., d.b.a. Buffalo Wild Wings Grill & Bar, 18425 Orchard Trail, sub1ect to receipt of a certificate of occupancy from the City of Lakeville Building Inspector. Roll call was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2008 PAGE 4 Item 8 -Liquor License Renewals Mayor Dahl opened the public .hearing on the renewal of on-sale liquor, club liquor, Sunday liquor, wine and 3.2% malt liquor licenses. The City Clerk attested to legal notice publication. Sergeant Knutson stated the Police Department has reviewed all renewal applications and conducted background investigations on all new on-site managers. He explained that alcohol compliance checks were conducted three times during the past license period, and several establishments failed. The most recent compliance check was conducted on May 30t" with four failures. The presumptive penalties for these four establishments are under review at this time by the City Attorney's office, and recommendations will be forwarded to the City Council at a later date.. A license violation by Babe's Sportsbar & Grill for serving obviously intoxicated persons is also being reviewed by the City Attorney's office. Sergeant Knutson stated the Police Department has notified every licensed establishment of the recently adopted Best Practices Program and has invited all servers and managers to attend training sessions later this summer. The Police Department recommends renewal of all licenses as presented. Council Member Bellows asked what liability the City faces by issuing a license to an establishment that has been cited. for serving obviously intoxicated persons. The City Attorney stated there is no liability to the City. Public safety is the paramount issue, and their office is working with the Police Department to promptly deal with the violation. Donald Speiker, owner of Lakeville Family Bowl, addressed the City Council regarding the use of his outdoor fenced-in area. The outdoor area does not comply with the City's newly adopted patio ordinance. He stated he has horseshoe courts and hosts the annual Pan-O-Prog horseshoe tournament. He asked the Council to consider an exception to the patio ordinance to allow the consumption of alcohol in his outdoor area, because the area is used for recreational .purposes. CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2008 PAGE 5 Mayor Dahl directed staff to review Mr. Speiker's request. 08.60 Motion was made by Bellows, seconded by Rieb to close .the public hearing on the renewal of on-sale liquor, club liquor, Sunday liquor, wine and 3.2% malt liquor licenses. Roll call was taken on the motion. Ayes, unanimous. 08.61 Motion was made by Wulff, seconded by Rieb to grant the following licenses effective July 1, 2008 through June 30, 2009: • Applebee's Neighborhood Grill & Bar: On-Sale and Sunday Liquor • Babe's Sportsbar & Grill: On-Sale and Sunday Liqvor • Brackett's Crossing Country Club: On-Sale Club and Sunday Liquor • Carbone's Pima Bar 8~ Grill: On-Sale and Sunday Liquor • Cedar Store One: Off-Sale 3.2~ Malt Liquor • Chart House Restaurant: On-Sale and Sunday Liqvor • Crystal Lake Country Club: On-Sale and Sunday Liquor • Dino's of Lakeville: On-Sale 3.2~ Malt Liquor • EI Patio Mexican Restaurant: On-Sale and Sunday Liqvor • Green Mill: On-Sale and Sunday Liquor • Harry's Cafe: On-Sale and Sunday Liquor • Holiday #504: Off-Sale 3.2~ Malt Liquor • Kwik Trip Stores #692, #343 and #694: Off-Sale 3.2~ Malt Liquor • Lakeville Family Bowl: On-Sale and Sunday Liquor • Mainstreet Coffee Cafe: Wine and On-Sale 3.2~ Malt Liquor • Ole Piper: On-Sale and Sunday Liquor • Pima Hut: On-Sale 3.2~ Malt Liquor • Porterhouse Steak 8~ Seafood Grill: On-Sale and Sunday Liquor • Rainbow Foods: Off-Sale 3.2~ Malt Liquor • Rocky's Bar & Grill: Wine and On-Sale 3.2~ Malt Liquor • Rudy's Redeye Grill: On-Sale and Sunday Liquor • SuperAmerica Stores #4337, 4490 and #4528: Off-Sale 3.2~ Malt Liquor • Super Target: Off-Sale 3.2~ Malt Liquor • SuperValu/Cub Foods, 1791h St. and Heritage: Off-Sale 3.2~ Malt Liquor • Tak Shing Chinese Restaurant: Wine and On-Sale 3.2~ Malt Liqvor • Teresa's Mexican Restaurant:- On-Sale and Sunday Liquor • VFW Post 210: On-Sale Club and Sunday Liquor Roll call was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2008 PAGE 6 Item 9 -Annexation of Land, Hat Trick Investments, LLC Mayor Dahl opened the public hearing to consider an ordinance to annex the Hat Tricklnvestments parcel in Section 3 Eureka Township to the City of Lakeville pursuant to Minnesota Statutes 414.033, Subd. 2(3). The City Clerk attested to legal notice publication. Mr. Pat Regan,. Vice President of Hat Trick Investments, requested the City .Council proceed with the orderly annexation of 97 acres of industrial real estate from Eureka Township into the City of Lakeville. He stated the parcel is located on the east side of Cedar Avenue and is contiguous to .their undeveloped land in the City. of Lakeville. Mr. Olson explained that Hat Trick Investments is pursuing this annexation due to a number of issues affecting this area, including the proposed. future expansion of Airlake Airport and resulting realignment of Cedar Avenue, and the Metropolitan Council's installation of a new interceptor sewer. Mr. Olson explained that Minnesota Statutes currently require a property tax reimbursement to the township for the annexed property; however, the statute does not specify the amount. Staff recommends a total City reimbursement of $3,000 to Eureka Township, which is based on the formula that was previously included in State Statute. Eureka Township, however, is seeking reimbursement in the amount of $7,200. City staff will continue negotiations with township officials and proceed with preparation of the annexation ordinance for consideration by the City Council at the July 7t" meeting. Mr. Jeff Otto,- 25580 Dodd Boulevard, Eureka Township Board Chair, stated the township fully supports the Hat Trick annexation. However, they are asking for six years of current property tax revenue as transition compensation for permanent loss of such revenue. 08.62 Motion was made by Bellows, seconded by Rieb to close the public hearing on the annexation by ordinance of land in Eureka Township to the City of Lakeville owned by Hat Trick Investments, LLC. RoN call was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2008 PAGE 7 Mr. Mielke stated City staff will continue negotiations with representatives of Eureka Township in an attempt to reach a mutual agreement on a property tax reimbursement prior to the July 7t" City Council. meeting. Item 10 -Modification of Tax Increment Financing District No. 17 Mayor Dahl opened the public hearing on the modification of Tax Increment Financing .(Redevelopment) District No. 17. The City. Clerk attested to legal notice publication. Mr. Feller explained that as a result of the 2001 Omnibus Tax Law, the City has two tax increment financing districts (#8-Southfork Village Apartments and # 17-DiHedYokes) that are not generating sufficient revenues to meet debt service requirements. TIF District #16 (C.H. Carpenter Lumber), which will expire this year, has excess revenue in the amount of $153,000 that can be transferred to the districts with deficits. The proposed resolution will pool the funds from districts that have surpluses with districts that have shortfalls. The proposed resolution would also reverse the fiscal disparities contribution on TIF District 17, taking the fiscal disparities city-wide rather than from the district. This action requires a public hearing prior to approval of the resolution. 08.63 Motion was made by Bellows, seconded by Rieb to close the public hearing on the modification of Tax Increment Financing District No. 17. Roll call was taken on the motion. Ayes, unanimous. 08.64 Motion was made by Wulff, seconded by Rieb to approve Resolution No. 08-93 authorizing pooling. for deficits, making elections under special deficit authority for city tax increment districts,. and amending related TIF plans. Roll call was taken on the motion. Ayes, unanimous. Item 11 -Comfort Inn Sign Variance Ms. Heidi Winsor of APPRO Development provided an overview of the sign variance request for Comfort Inn. Mr. Morey stated the Planning Commission held a public hearing on the application of Comfort Inn for a variance to allow a freestanding sign CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2008 PAGE 8 height of 60 feet. The Planning Commission's motion to recommend approval of the sign height variance failed on a 1-5 vote. The City Council tabled consideration of the variance and directed the Planning Commission and staff to review the freeway corridor commercial sign regulations and make an informal recommendation to the City Council prior to the variance application deadline of June 20, 2008. The Planning Commission discussed the freeway corridor commercial sign regulations at two work sessions. In doing so, the Planning Commission considered the definition (width) of the freeway corridor, research that staff provided with respect to freeway corridors in other cities, businesses that draw transient travelers, the elevation of the freeway in relation to the elevation of existing adjacent businesses, and input provided by the Economic Development Commission. A majority of the Planning Commission members concurred that they could support a narrowly defined ordinance amendment that would allow an increased sign height for hotel properties that are located below the elevation of the freeway with a maximum sign height of 50 feet. In reviewing the freeway corridor commercial sign regulations, Mr. Morey stated, the Planning Commission felt the allowance of signs taller than 30 feet for hotels should be provided by interim use permit, rather than by variance, which would allow the City a mechanism for removal of the taller sign if the use changes, A variance is recorded against the property and remains with the property, regardless of the use. The Planning Commission also concurred that trees should not be a considering factor within the ordinance in determining sign height. Given the outcome of the Planning Commission's review of the freeway corridor commercial sign regulations, staff now recommends approval of the Findings of Fact and Decision in support of a freestanding sign height variance for Comfort Inn, not to exceed 50 feet. Mr. Morey reminded the Council that a 4/5 vote is required for approval of a variance. Ms. Bahkta stated. because of the height of the trees, a 50-foot sign height will not help. her. She reiterated that her request is fora 60-foot. tall sign. 08.b5 Motion was made by Wulff, seconded by Rieb to adopt Findings of Fact and Decision and approve a variance for the Comfort Inn freestanding sign not to exceed 50 feet in height. CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2008 PAGE 9 Roll call was taken on the motion. Ayes, Rieb, Wulff, Bellows. Nay, Dahl. The motion failed. 08.66 Motion was made by Dahl, seconded by Wulff to reconsider the previous motion, as she stated she misunderstood the motion and did not mean to vote against the variance. Roll call was taken on the motion to reconsider. Ayes, Rieb, Wulff, Bellows, Dahl Roll call was taken on Motion 08.65. Ayes, Wulff, Bellows, Dahl, Rieb. The council members agreed that since the sign variance for Comfort Inn has been approved, there is no need to have the Planning Commission proceed with a formal public hearing for a narrowly defined zoning ordinance amendment at this time. Item 12 -First Park Lakeville Dan Vogel, Development Manager for First Industrial Realty Trust, requested Council approval of a Comprehensive Plan amendment and the preliminary and final plat of First Park Lakeville. Mr. Olson presented the preliminary plat of 10 industrial lots, four blocks and seven outlots, and the final plat of one industrial lot and six outlots to be known as First Park Lakeville. A Comprehensive Plan amendment would bring a portion of the First Park Lakeville preliminary plat into the current Metropolitan Urban Service Area (MUSA). The property consists of approximately 140 acres located south of 215th Street (CSAH 70) and east of Dodd Boulevard. The first phase final plat will include one 282,100 square foot speculative office/warehouse building on Lot 1, Block 1. A second phase final plat will include a 285,000 square foot office/warehouse building to be constructed later this year on Lot 10 of the preliminary plat, pending approval of the Comprehensive Plan amendment by the Metropolitan Council. Complete build-out is estimated to total approximately 1.4 million square feet of building area. Council Member Wulff asked about the future of the property immediately to the east of this development, which is currently owned by the Metropolitan Airports Commission (MAC). Mr. Olson explained that the County has requested that easements be provided in the event that a CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2008 PAGE 10 road needs to be extended to the east sometime in the future to serve the MAC property. 08.67 Motion was made by Bellows, seconded by Rieb to approve Resolution No. 08-94 approving the First Park Lakeville Comprehensive Plan (MUSA) Amendment; and Resolution No. 08-95 approving the preliminary and final plat of First Park Lakeville. Roll call was taken on the motion. Ayes, unanimous. Item 13 -City of Lakeville Comprehensive Annual Financial Report Mr. Feller introduced Michael Hueller, Manager with MMKR, Certified Public Accountants, who provided a brief overview of the City of Lakeville Comprehensive Annual Financial Report for the year ended December 31, 2007. Mr. Hueller stated that, overall, the City's financial records were found to be in excellent condition. 08.68 Motion was made by Rieb, seconded by Bellows to receive the City of Lakeville Comprehensive Annual Financial Report for the year ended December 31, -2007. Roll call was taken on the motion. Ayes, unanimous. Item 14 -Crossroads East Dan Pollastrini of Pope Architects requested Council approval of the Crossroads East preliminary and final plat, a development and final stage planned unit development, and a conditional use permit for a KinderCare daycare facility to be constructed on Lot 1. The daycare facility will have a capacity for approximately 153 children and will include an outdoor fenced-in playground. He explained that Lot 2 is proposed to be a 1,764 square foot retail building for a future restaurant or retail use: Mr. Morey stated the Planning Commission held a public hearing on Crossroads East and unanimously recommended approval. The developer has submitted revised plans that address a number of the recommendations listed in the planning report. The developer has also submitted a shared private driveway access easement agreement. Staff recommends approval CITY OF LAKEVILLE COUNCIL MEETING JUNE 16, 2008 PAGE I 1 08.69 Motion was made by Wulff, seconded by Rieb to receive the Planning Commission`s Findings of Fact and Recommendation and approve Resolution No. 08-96 approving the preliminary and final plat of Crossroads East, including a development and final. stage planned unit development, and a conditional use permit to allow the operation of a daycare facility on Lot 1, Block 1. Roll call was taken on the motion. Ayes, unanimous. New business -None Announcements - Open House regarding the Cedar Avenue Bus Rapid Transit Station on June 26t" at city hall - July 4t" city hall will be closed; fireworks display at LNHS - Council work session on Monday, June 23rd - Next regular meeting, Monday, July 7t" Mayor Dahl adjourned the meeting at 9:27 p.m. Respectfully submitted,