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HomeMy WebLinkAbout10-05-09CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 5, 2009 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 Kerrin Swecker Council Member Kevin Miller Absent: Council Member Mark Bellows Council Member Laurie Rieb Also Present: Roger Knutson, City Attorney Steve Mielke, City Administrator Tom Vonhof, Police Chief Keith Nelson, City Engineer David Olson, CED Director Chris Petree, Operations Maintenance Director Daryl Morey, Planning Director Judi Hawkins, Deputy City Clerk Additional agenda information None Presentations /Introductions Communications Manager Sue Palm recognized Video Producer Jim Schiffman and Videographer Tim Klausler for their recent Upper Midwest Regional Emmy Award. The Lakeville Cable Department was given the award for the best show in the children /youth category for the Lakeville Kids Government program. The show is in its 10th year and also received Emmy awards in 2005 and 2008. Chris Petree presented the September monthly report of the Operations Maintenance Department. Mr. Petree highlighted cooperative purchase of treated salt for the roadways, shoulder maintenance, and the monthly water usage report. City Engineer Keith Nelson provided an engineering project update. Mr. Nelson highlighted Metro Transit projects, the Highview /Holyoke Avenue upgrade project, and the County Road 70 interchange. Citizens' comments None Consent agenda CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 5, 2009 Page 2 Mr. Mielke highlighted items 6.c., a grant agreement with MN Dept. of Public Safety for overtime compensation for DUI enforcement; 6.f., $11,000 in donations to the Parks and Recreation Department in the third quarter of 2009; 6.1., grant funds to the Police Department for underage drinking enforcement; and 6.j., award of contract for the Highview /Holyoke Avenue improvement project. 09.61 Motion was made by Miller, seconded by Swecker to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the September 21, 2009 City Council meeting and the September 21, 2009 Council work session. c. Resolution No. 09 -81 authorizing the City of Lakeville to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety. d. Instructor agreements with Kim Maxwell (Once Upon a Star), Larry Ablin (Adult Dance Classes), Shelly Gaetz Marian Sletten (Party Bound), Peter Schrock (Family Swim School) and Randy Otten (Dry land Hockey, Inc.) for the Recreation Department. e. Performance and instructor agreements with Shoop, Todd Green, JoAnne Andres, Colleen Barber, Tammy Brand, Maureen Carroll, Gary Holthusen, Barb Hughes, Mark Lusardi, Hermine Magnus, Therese Mervar, Cindy Murphy, Amy Stanek, Tina Sheppard, Jesse Stevenson and Jennifer Wilcott for the Lakeville Area Arts Center. f. Resolution No. 09 -82 accepting donations to the Parks Recreation Department. g. Release of a portion of Lot 2, Block 1, Fairfield Business Campus, from miscellaneous documents. h. Resolution No. 09 -83 amending the 2009 Equipment Fund Budget. Agreement with the Minnesota Department of Public Health to receive grant funds for underage drinking enforcement. J• CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 5, 2009 Page 3 Resolution No. 09 -84 receiving bids and awarding contract for Holyoke Avenue /Highview Avenue reconstruction, Improvement Project 09 -02. Roll call was taken on the motion. Ayes, unanimous. Item 7 Public hearing on the application of Molly Cools of Lakeville, LCC for an on -sale and Sunday liquor license at 17516 Dodd Boulevard. Deputy Clerk Hawkins attested to the legal notice. Molly Cools' General Manager Dave Guistolise provided an overview of the proposed restaurant venture that will be opening in the former Copper Bleu building on Cedar Avenue and Dodd Blvd. Molly Cools is modeled after Stella's, an upscale seafood restaurant located in the Uptown neighborhood of Minneapolis, and owned by the same parent company. Molly Cools will have daily fresh seafood offerings as well as other menu items. Opening is planned for October 23 r d. Restaurant hours will be 4:00 pm to midnight on weekdays and 4:00 pm to 2:00 am on Friday and Saturday nights. Sergeant John Kornmann presented the Lakeville Police Department's report on the liquor license application. Sgt. Kornmann stated that a thorough background check had been conducted on the applicants and information was obtained on the parent company. Although there have been a few problems at the sister restaurant in Minneapolis and at Majors in Apple Valley owned by the same company, the Police Department had no objections or found no reason to recommend denial of the license for Molly Cools of Lakeville. A patio application has also been submitted and meets City Code requirements. Council Member Swecker asked Sgt. Kornmann to explain why background checks are conducted. Sgt. Kornmann stated that since the sale of alcohol has the potential to cause issues in the community, the City of Lakeville believes liquor licenses are a privilege and should only be granted to responsible businesses and business owners. There were no comments from the public. 09.62 Motion was made by Swecker, seconded by Miller to close the public hearing. A voice vote was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 5, 2009 Page 4 09.63 Motion was made by Miller, seconded by Swecker, to grant an on -sale and Sunday liquor license to Molly Cools of Lakeville, LCC, doing business as Molly Cools of Lakeville at 17516 Dodd Boulevard. Roll call was taken on the motion. Ayes: Unanimous Item 8 Public hearing on the application of Baldy's BBQ Corporation for a wine and on -sale 3.2% malt liquor license at Baldy's BBQ, 11276 210th Street West. Deputy Clerk Hawkins attested to the legal notice. Brian Wheeler, liquor license applicant and part -owner of Baldy's BBQ, presented an overview of the business and the proposed restaurant. He stated that he feels a good barbecue restaurant would be successful in the area and would like to be able to serve beer and wine. He said he had made some mistakes during his college years when he had been arrested for selling drugs, but he feels he has turned his life around and now works with youth at Celebration Church and coaches football at Lakeville South High School. He believes he is an asset to the community and is asking for a second chance. The second applicant, Mr. Sony Man, was not present. Sergeant Kornmann presented the investigative report. He stated that Mr. Wheeler was forthright with the Police Department and provided information freely to them regarding the charges against him in Missouri. Mr. Man, however, had not been straightforward on his application and had provided incomplete and incorrect information by stating that he had not been convicted of any charges. It was later determined that in 1998 Mr. Man was convicted of sale of a controlled substance. For these reasons the Police Department is recommending denial of the license. Mayor Dahl invited comments from the public. Mr. Man was not at the Council meeting. Mr. Wheeler stated that prior to filling out the application Mr. Man had received a letter saying that because ten years had elapsed since he was arrested the charge was off his record. For that reason he did not feel he needed to list the conviction. Mrs. Man stated that there was a misunderstanding due to the charges being off his record. CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 5, 2009 Page 5 Mr. Larry Thompson, Lakeville South High School head football coach, spoke on Mr. Wheeler's behalf. He stated that Mr. Wheeler has been coaching for two years, works well with the youth, and is an asset to the football team. He said he trusts Mr. Wheeler to make the right choices in his life. Mr. Neil Strader, LSHS Athletic Director, also spoke on Mr. Wheeler's behalf. He stated that Mr. Wheeler has donated many hours to the football program and has been a positive influence on the players. He believes Mr. Wheeler deserves a second chance. 09.64 Motion was made by Swecker, seconded by Miller, to close the public hearing A voice vote was taken on the motion. Ayes: Unanimous Council Member Swecker said she also believes in second chances and appreciates honesty, but there is a need to provide responsible service of alcohol. She is concerned that Mr. Man was not at the meeting and did not disclose his past issues. Mr. Knutson was asked if there is a probationary liquor license. He stated that there is not a probationary license, but that all licenses are annually reviewed for violations when they are up for renewal. Council Member Miller also voiced concern that Mr. Man did not attend this meeting. He would like to know why he didn't bring up his questions about the application. Sgt. Kornmann said he had looked for disclosure and felt the absence of critical information was grounds for denial of the license. Swecker asked about serving policies; Mr. Wheeler said he would be participating in the TIPS program. At the request of Mr. Mielke, Sgt. Kornmann defined the First Degree drug charge as possession with the intent to sell or distribute a controlled substance. Mr. Man was 17 years old at the time, but was certified as an adult. Mrs. Man stated that there had been no other charges after 1998 and her husband had completed his sentence and probation. Mr. Mielke clarified the Council's options were to approve the license or to direct the City Attorney to prepare Findings of Fact to support denial, for the Council's consideration at the October 19, 2009 meeting. 09.65 Motion was made by Swecker to grant a wine and 3.2% malt liquor license to Baldy's BBQ Corporation, doing business as Baldy's BBQ at 11276 210th Street W. CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 5, 2009 Page 6 Motion failed for lack of a second. 09.66 Motion was made by Miller, seconded by Dahl, to direct the City Attorney to prepare Findings of Fact to support denial of a wine and on -sale 3.2% malt liquor license for Baldy's BBQ. Roll call was taken on the motion. Ayes: unanimous. Council members requested that Mr. Man attend the October 19, 2009 meeting to answer questions. New business None Announcements: The new transit station on 1 -35 is experiencing 150 -160 daily riders. Fire Prevention Open House: Tuesday, October 6th, 6:00 -9:00 pm, at Fire Station #4. Annual Senior Center Belgian Waffle Breakfast: Sunday, October 11 th, 8:00 am to 12:30 pm, at the Senior Center. Mayor Dahl adjourned the meeting at 8:06 p.m. Respectfully submitted, 4 C.u; ivy Hawkins, Deputy City Clerk