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HomeMy WebLinkAbout01-07-08CITY OF LAKEVILLE COUNCIL MEETfNG JANUARY 7, 2008 Mayor Dahl called the meeting to order at 7:q0 p.m. The pledge of allegiance to the flag was given. Attendance was noted. Present: Council Members Bellows, Swecker, Rieb, and Mayor Dahl. Absent: Council Member Wulff. Also present: R. Knutson, City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Morey, Planning Director; D. Feller, Finance Director; S. Michaud, Parks 8~ Recreation Director; T. Vonhof, Police Chief; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk. Mr. Mielke had no additional agenda information.. Presentations/Introductions -None Citizens' Comments - • Brooks Lillehei, 1 1146 Kenora Way, requested information .concerning Title 3, Chapter l of the Lakeville City Code and whether it is intended to be consistent with Minnesota Statutes Chapter 340A in the issuance of liquor licenses for restaurants and other .types of businesses.: Mr. Mielke stated he would review the City Code and get back to Mr. Lillehei. Consent Agenda Mr. Mielke highlighted consent agenda items L m and u. 08.1 Motion was made and seconded to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the December 17, 2007 City Council meeting and the December 10, 2007 Council work session. • • CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7,.2008 PAGE 2 c. Acceptance of improvements and final payment to Niles/Wiese Construction, Inc. for Dakota Heights area/ideal Way street reconstruction, Improvement Project 07-02. d. Resolution No. 08-1 authorizing preparation of a feasibility report for ..street reclamation in portions of Donnay's Valley Park 3raAddition and Niakwa Village .1St and 3~d Additions, Improvement Project 08- O1. e. Receive minutes of the December 19, 2007 Parks, Recreation & .Natural Resources Committee meeting. f. Acceptance of improvements and final payment to McNamara Contracting, Inc. for District 5 sealcoating; overlays and .miscellaneous roadway repairs, Improvement Project 07-01. g. Acceptance of improvements and final payment to Tri-County Aggregate for CSAH 70/Highview Avenue turn-lane construction, Improvement Project 06-25. h. Resolution No. 08-2 calling public hearing on proposed assessments for weed and grass removal at 16594- Galena Avenue. i. Lease agreement with Scharber and Sons,lnc. for mowing. equipment. j. Change Order No. 2 with SBF Development Corporation for East Community Park, Improvement Project 07-T3. k. Landscape maintenance contracts with Jeff- Reisinger Lawn Service, Inc. I. Standard Service Agreement with Dakota Pet Hospital m. Appointment of Scott Thureen #o the Blackdog Watershed. Management Organization Board of Commissioners for the remainder of a term expiring on November 1,.2008. n. Resolution No. 08-3 receiving. bids. anal awarding contract to .Becker Arena Products for artificial turf at Lakeville Ames Arena. CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 2048 PAGE 3 o. Resolution No. 08-4 approving change orders for the Lakeville Arena. project.. p. Resolution No. 08-5 amending the 2008 General Fund Budget. q. Resolution No. 08-b authorizing the sale of assets. r. Renewal of tree service operator licenses. s. Interim use permit to allow an outdoor golf driving range on property Located north of 215th Street and east of Kenrick Avenue. t. Resolution No. 08-7 approving change orders for .the. police department project. u. Designation of Thisweek Life 8~ Times as .the City's official newspaper for 2008. v. Set Council work sessions to be held on January 14 and January 29, ..beginning at, 5:30 p.m. Roll call was taken on the motion. Ayes, unanimous. Item 7 -Mainstreet Coffee Cafe Wine and 3.2 Malt Liquor License Mayor. Dahl opened the public hearing on the application of Mainstreet Coffee Cafe, Inc. for an on-sale wine and 3.2~ malt liquor license at 20788 Holyoke Avenue. The City Clerk dttested to legal notice publication. The applicant, Tracy Hummelgard, requested Council approval of a wine and 3.2% malt liquor license for her establishment to be known. as Mainstreet After Hours. She explained that she is in the process of remodeling and expanding. her coffee shop to include the service of wine and beer with small plates and: appetizers, in addition to .the soups, salads and sandwiches that the coffee shop currently offers. She indicated the restaurant will be open until approximately 1 O p.m. during the week and until l l p.m. or midnight on the weekends. • • CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 2008 PAGE 4 Sergeant Knutson presented the police report for Mainstreet Coffee Cafe. He stated that background cheeks have been completed on the applicant, and the Police Department has no objection to the issuance of a wine and malt liquor license. He .pointed out that approval of the licenses should be made contingent upon receipt of a certificate ofliquor liability insurance and issuance of a certificate of occupancy by the Building. Inspections. Department. There were no questions or comments from the City Council or members of the audience. 08.2 Motion was made and seconded to close the public hearing. • Roll call was taken on the. motion. Ayes, unanimous. 08.3 Motion was made and seconded to grant an on-sale wine and 3.2% malt. liquor license to Mainstreet Coffee Cafe, lnc., for the period of January 7 through June 30, 2008, subject to receipt.. of a certificate of liquor liability insurance and issuance of a certificate of occupancy by the Building Inspections Department. Roll call was taken on the motion. Ayes, unanimous. Item 8 - Applebee's Restaurants North On-Sale and Sunday Liquor License Mayor Dahl opened the .public hearing on the application of Applebee's Restaurants North, LLC, for an on-sale and Sunday liquor license at Applebee's Neighborhood Grill 8~ Bar, 1$404 Kenrick Avenve. The. City Clerk attested to legal notice publication. Council Member Swecker stated she would abstain from discussion and voting on .this item due to a potential conflict of interest. Sergeant Knutson explained that the current Applebee's restaurant located in Lakeville is being sold to a new corporate .owner, which. necessitates obtaining a-new on-sale liquor license.- Background checks have been completed on the officers of the corporation, -and no concerns have been raised that would prohibit the issuance of a liquor license as requested. The applicant has indicated that the day to day CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 2008 PAGE 5 • operations of the Applebee's restaurant, including. the on-site manager, employees, menu and hours of operation, will remain the same. Doug Arneson, 11120 Kenora Way, asked about calls to service at this establishment and whether a liquor license is subject to revocation as a result of calls to service. Sergeant Knutson stated the Police Department does not make regular calls to service at this establishment. City Attorney Roger Knutson stated that revocation of a liquor license is a judgment call of the City Council based on the circumstances presented and is not based on a specified number of calls to the Police Department.. Ginny Lampert, 11062 Kenora Way, asked if the Training for Intervention Procedures (TIPS) program is required in order. to obtain a liquor license or when an establishment fails an alcohol compliance check. Sergeant Knutson. stated the Police Department offers the program; .however, it is not required. Mary Larson, 1 1135 Kendra Way, asked what criteria Applebee's uses for verification of age prior to serving alcohol She also asked how they monitor enforcement of the City's juvenile curfew ordinance. Sergeant. Knutson stated a Minnesota driver's license is used by all establishments to verify age for the sale of alcohol. Management would either ask a juvenile to leave the establishment or contact the Police Department if a juvenile. is present without a parent after curfew. Brooks Lillehei, 1 1146 Kendra Way, asked about alcohol compliance checks.. Sergeant Knutson explained the procedure and stated. the penalties for failure of an alcohol. compliance check are. outlined in Title 3, Chapter l of the Lakeville City Code. Bob Sommerdorf, l l 1 15 Kenora Way -questioned the civil penalties for alcohol compliance violations. City Attorney Roger Knutson responded. 08.4 Motion was made and seconded to close the public hearing. CITY OF LAKEVILLE COUNCIL MEETING. JANUARY 7, 2008 PAGE 6 Roll call.was taken on the motion. Ayes, Rieb, Bellows, .Dahl. Swecker abstained. 08.5 Motion was made. and seconded. to grant an on-sale and Sunday liquor license to Applebee's Restaurants North, LLC, for the period of January 7 through June 30,.2008. Roll call was taken on the motion. Ayes, Bellows, Dahl, Rieb. Swecker abstained`. Item 9 -Ordinance Adopting Fees Mayor Dahl opened the public hearing. on the consideration of an ordinance adopting fees. The. City Clerk. attested to legal notice publication. .Finance Director Dennis Feller explained that the proposed. ordinance provides for adjustments to fees related to planning actions based on-the ' approximate cost of providing those services. He stated the Gity Covncil is also being asked to adopt a summary ordinance-for: publication. There were no questions or comments. 08.6 Motion was made and seconded to close the public hearing. Roll call was taken on the motion.- Ayes, unanimous. 08.7 Motion vvas made and seconded to adopt Ordinance No: 832, an ordinance adopting fees, and Summary of Ordinance No. 832 for publication. Roll call was taken on the motion. Aye, unanimous. Item 10 -Water Resources Management Plan Mr. Tim- Brown of Barr Engineering Company presented the City of Lakeville Water Resources Management Plan (WRMP). He'explained that the WRMP will guide the City. of Lakeville in protecting, preserving and managing its surface water resources and stormwater system.. The plan meets the requirements of the Minnesota National Pollution Discharge .Elimination System (NPDES) MS-4 Permit, the,Metropolitan Council, the • • CITY OF LAKEVILLE COUNCIL MEETING JANUARY 7, 2008 PAGE 7 Vermillion River Joint Powers Organization and the Black Dog Watershed Management Organization. - The WRMP, he explained, sets goals. and policies #or the City and its resources, provides data and other background information, outlines the applicable regulations, assesses city-wide and specific issues and lists implementation tasks to achieve the goals. The WRMP also provides information regarding funding of the implementation program. Mr. Brown explained that the WRMP will be distributed to the watersheds, adjoining cities and the Metropolitan Council for review and comment. Any necessary changes will be made,. and the document will be brought. back to the City Council. for final approval in April 2008. Mayor Dahl asked what the City provides in terms of public education and outreach on this matter. Mr. Brown and City Engineer Keith Nelson. stated the City's Environmental Resources Department has several volunteer opportunities for residents, such as lake water monitoring, wetland evaluations, storm water stenciling, etc. 08.8 Motion. wds made and seconded to approve the Lakeville Water Resources Management Plan prepared by Barr Engineering Co., dated December 2007.. Roll call was taken on the motion. Ayes, unanimous. Item 11 -First Park Lakeville Site. (AUAR) • Community & Economic Development Director David Olson presented a resolution ordering an Alternative Urban Areawide Review (AUAR) ofthe First Park Lakeville site located-in the southeast corner of Dodd Boulevard and 215t" Street (CSAH 70). He explained that the 140-acre parcel of property has `recently been. purchased by First Industrial Realty Trust, Inc., who is proposing up to a 1.4 million square foot. light industrial/warehouse development: Due to the size of this. development, an environmental. review is required. The proposed development is consistent with the City's Comprehensive Plana Mr. Olson explained that the City Council is being asked to order the preparation of the AUAR. The AUAR will be brought back to the City Council for approval prior to distribution and publication.. CITY OF LAKEVILLE COUNCIL MEETING JANUARY7, 2008 PAGE 8 • 08.9 Motion was made and seconded to approve Resolution No. 08-8 ordering an Alternative Urban Areawide Review (AUAR) of the .first Park Lakeville site. .:.Roll call was taken on the motion. Ayes, unanimous. Item 12 -Acting Mayor Appointment 08.10 Motion was made and seconded to appoint Council Member Bellows as Acting Mayor for 2008. Roll call was taken on the motion. Ayes, unanimous. .New business -None Announcements - ;• Skating rinks are closed due to the warm weather.. Reopening the . rinks will be dependent on weather. • January 21st is Martin Luther King, Jr. Day; City offices are closed. • Don Volk has announced-his retirement effective 3/28/08. •: Next regular City Council meeting, Tuesday, January 22, 2008. Mayor Dahl adjourned the meeting at 8:06 p.m. Respectfully submitted, a • H .. ,,.