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HomeMy WebLinkAbout10-19-09Mayor 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 Council Member Mark Bellows Council Member Laurie Rieb Also Present: CITY OF LAKEVILLE COUNCIL MEETING MINUTES Presentations /Introductions OCTOBER 19, 2009 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 Charlene Friedges, City Clerk Additional agenda information Mr. Mielke provided an amended resolution for agenda Item 7. Community Economic Development Director Dave Olson asked the City Council to proclaim October 26 -30 as Manufacturer's Week in the City of Lakeville. Jack Matasosky and Jeannie Schubert accepted the proclamation on behalf of the Economic Development Commission. Chief Vonhof presented a Chief's Award of Merit to M I Bank Lakeville in recognition of fundraising efforts for the Lakeville Police K -9 Program. Chief Vonhof recognized the efforts of Shannon Lee and the staff at M I Bank, who raised almost $1 1,000 through donations and special events. Chief Nelson presented the Lakeville Fire Department third quarter report. Steve Michaud presented the September Parks Recreation Department monthly report. CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 19, 2009 Page 2 Chief Vonhof presented the September Police Department monthly report. Citizens' Comments None Consent Agenda 09.67 Motion was made by Bellows, seconded by Rieb to approve the consent agenda items as follows: a. Claims for payment. b. Approve minutes of the October 5, 2009 City Council meeting and the September 28, 2009 Council work session. Receive minutes of the September 30, 2009 Parks, Recreation Natural Resources Committee meeting. c. Resolution No. 09 -85 accepting $200 donation from 0-Reilly Auto Parts to the Fire Department. d. Resolution No. 09 -86 designating employee dental insurance rates for 2010. e. Resolution No. 09 -87 designating employee health insurance rates for 2010. f. Resolution No. 09 -88 authorizing the sale of City vehicles and forfeited vehicles. Resolution No. 09 -89 calling public hearing on the imposition of a service charge for Special Service District No. 1. Agreement between the Dakota Communications Center and the City of Lakeville for financial management services. Resolution No. 09 -90 approving distribution of Dakota Communications Center undesignated fund balance. J• Resolution No. 09 -91 authorizing the issuance and sale of General Obligation Bonds, Series 2009A. k. Resolution No. 09 -92 authorizing the issuance and sale of General Obligation State Aid Refunding Bonds, Series 2010A. Resolution No. 09 -93 calling public hearing on proposed assessments for weed and grass removal. m. Agreement with the Lakeville Sno Trackers Snowmobile Club for cross country ski trail grooming at Ritter Farm Park. n. Approve 2009 -2010 snowmobile map. o. Resolution No. 09 -94 accepting donations to the K -9 Program. p. Resolution No. 09 -95 authorizing Lakeville Police Department to participate in a grant contract with the Minnesota State Patrol, Operation HEAT. q. CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 19, 2009 Page 3 Extension of the Stone Borough preliminary plat. r. Findings of Fact and a Conditional Use Permit to allow a commercial recreation facility (The Cages) in the 1 -2, General Industrial District, located at 21653 Cedar Avenue. s. Ordinance No. 859 granting Minnesota Energy Resources a nonexclusive franchise to construct, operate, repair and maintain a gas distribution system; and Summary Ordinance No. 859 for publication. t. Ordinance No. 860 granting Centerpoint Energy Resources a nonexclusive franchise to construct, operate, repair and maintain a gas distribution system; and Summary Ordinance No. 860 for publication. u. Termination of instructor agreement with Once Upon a Star. v. Assignment of Donnelly Farms Addition Development Agreement from Tollefson Development, Inc. to Wyatt Pudel Pointer 1, LLC. Roll call was taken on the motion. Ayes, unanimous. CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 19, 2009 Page 4 Item 7 Certification of Delinquent Utility Accounts Mayor Dahl opened the public hearing on the certification of delinquent utility accounts. The City Clerk attested to legal notices duly published and mailed. Finance Director Dennis Feller stated that 731 accounts are proposed to be certified for collection with 2010 taxes. In addition to certifying the amount delinquent, the City also collects a $35 service charge per account to cover administrative costs and 18% interest. The total amount proposed to be assessed is $176,282.77. There were no comments from the public. 09.68 Motion was made by Bellows, seconded by Swecker to close the public hearing on the certification of delinquent utility accounts. Voice vote was taken on the motion. Ayes, unanimous. 09.69 Motion was made by Miller, seconded by Rieb to receive written appeals from Aaron and Kirsten Armbrust (7140 Lower 170th Court W.) and Jean Schauer (16267 Havelock Way) and approve Resolution No. 09 -96 certifying unpaid water, sanitary sewer, storm sewer and street lighting charges to the County Treasurer /Auditor to be collected with other taxes on said property. Roll call was taken on the motion. Ayes, unanimous. Item 8 Ordinance Regulating the Sale of Tobacco Related Products and Devices Sergeant Knutson presented the public comments that were received during a 60 -day comment period concerning a proposed ordinance regulating the licensing and sale of tobacco related products. The proposed ordinance includes language that clarifies the definition of tobacco related products and establishes an age verification log to be completed at time of sale and maintained by the licensed establishment. As of October 15, 2009, 12 comments were received regarding the proposed ordinance. Of the 12 comments received, three were in favor of the ordinance revision, and nine were not in favor. Though most of the negative comments were actually in favor of regulating tobacco related CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 19, 2009 Page 5 devices, people did not support the proposed age verification log, which was viewed as having the potential to violate a person's right of privacy. 09.70 Motion was made by Swecker, seconded by Rieb to table this matter for discussion at the October 26th Council work session. Roll call was taken on the motion. Ayes, Swecker, Rieb, Miller, Dahl. Nay, Bellows. Council Member Bellows stated he does not support the proposed ordinance and is not in favor of investing any more of the Council's or staff's time on this issue. Item 9 Wine and On -Sale 3.2% Malt Liquor License for Baldy's BBQ City Attorney Roger Knutson presented Findings of Fact and Decision supporting denial of a wine and on -sale 3.2% malt liquor license for Baldy's BBQ Corporation. The Findings of Fact outlined a criminal history of the applicant's shareholders, Brian Wheeler and Sony Man, both 50% owners of Baldy's BBQ Corporation. Mr. Man failed to disclose a drug conviction and a worthless check conviction on his license application. Mr. Wheeler failed to disclose a disorderly conduct conviction on his license application. The license application states, "Any falsification of answers to the above questions will result in denial of the liquor license The Findings of Fact state that the criminal history of both Man and Wheeler directly relate to the sale of alcoholic beverages, supporting denial of a wine and 3.2% malt liquor license. The Findings of Fact state that the applicant may reapply for the licenses on or after January 1, 2012, and all competent evidence of rehabilitation presented will be considered upon reapplication. Mr. Sony Man explained that his drug conviction happened in 1998 when he was 17 years old. He defended his character, stating he is now a business oriented person and a family man. Council Member Swecker explained that a liquor license application is taken very seriously by the City Council. Her concerns are not so much the crimes that were committed eight to ten years ago, but the fact that they were not disclosed on the application. CITY OF LAKEVILLE COUNCIL MEETING MINUTES OCTOBER 19, 2009 Page 6 Mr. Brian Wheeler presented a Court document confirming that Mr. Man's felony probation ended in July 2008, and the felony conviction had been reduced to a misdemeanor, which is why Mr. Man did not disclose the conviction on his license application. Mr. Wheeler asked the Council to consider amending the proposed Findings of Fact and Decision to allow them to reapply for the licenses in one year. The City Attorney indicated that the reapplication date of January 1, 2012 was recommended by the Police Department. 09.71 Motion was made by Bellows, seconded by Swecker to adopt the Findings of Fact and Decision for denial of a wine and on -sale 3.2% malt liquor license to Baldy's BBQ Corporation, as presented by the City Attorney. Roll call was taken on the motion. Ayes, Rieb, Miller, Bellows, Swecker. Nay, Dahl. New Business None Announcements: Haunted Forest Festival on Saturday, October 24, 2009 Holyoke /Highview reconstruction is underway Next regular Council meeting, November 2, 2009 Council work session, October 26, 2009 Mayor Dahl adjourned the meeting at 8:10 p.m. Res ctfully submitted,