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HomeMy WebLinkAbout02-19-08 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 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, Swecker, Rieb, Wulff and Mayor Dahl. Also present: E. Knetsch, Assistan# City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Olson, Community 8~ Economic Development Director; D. Feller, Finance Director;. S. Michaud, Parks 8~ .Recreation Director; T. Vonhof, Police Chief; D. Morey, Planning Director; D. Volk, Operations & Maintenance Director; B. Anderson, Assistant to City Administrator; C. Friedges, City Clerk.. Mr. Mielke had no additional agenda information. Presentations/Introductions - Spotlight on Business -Finney Company, 8075-215t" Street West. Economic bevelopment Commission member Dan Vlasak presented information on Finney Company and introduced President Alan Krysan. Chief Vonhof presented a Police Chief's Award of Merit to Joseph Ward and Charles Ward for their quick action and courage in assisting two .Lakeville police officers in making an arrest of a combative individual and dialing 911. Chief Vonhof presented the January Police Departmenf monthly report. Steve Michaud presented the January monthly report of the Parks & Recreation Department. Council Member Swecker asked about the possibility of snow fencing along 202nd Street/205t" Street near Lake Marion to prevent snow from blowing across the lake and .onto the roadway.. Mr. Volk stated snow fencing was not effective due to the close proximity of the road to the lake; however, staff is researching the use of shoreline plantings in that. area to help mitigate the problem. David Olson presented the 2007 Economic Development Annual Report. .CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19; 2008 PAGE 2 City Administrator Steve Mielke recognized Cable Coordinator Jeff Lueders,-who has accepted a position as Cable Communications and Franchise Manager for the City of Tacoma, Washington. Jeff served as manager of video services for the City of Lakeville since -1997. Mr. Mielke highlighted some of Jeff's .many accomplishments throughout his tenure. Citizens' Comments John Bowen, 1 1220 Kenora Way, asked the City Council to place a temporary moratorium on the issuance of new liquor licenses and establish a Citizen's Advisory Group to review Title 3, Chapter 1 of the Lakeville City Code and make appropriate recommendations to the City Council regarding the issuance of liquor licenses. Todd Bornhauser, Executive Director of the Lakeville Area Chamber of Commerce, stated the Chamber of Commerce opposes any additional. regulations that would increase costs or have a negative impact on the development of future establishments in Lakeville. The Chamber feels that. Lakeville has one of the most restrictive liquor ordinances in the Metro area. He pointed out that the City's comprehensive land. use plan and zoning map guides the location of commercial development. The City does not issue bar licenses; liquor licenses are issued. only to restaurants whose gross food and beverage receipts are at least 50~ attributable to the sale of food. Bob Sommerdorf, 1 1 1 15 Kenora Way, stated he had not received a .response from City staff regarding the review process for the Applebee's liquor license application that was presented to the City Council on January 7, 2008. Chris Drake, 1 1242 Kenora Way, questioned the City's liquor ordinance with respect to hours of operation in relation to location and the 50% food requirement. Terry Marshik, 16338 Kent Trail, stated she feels the City needs to be 'proactive in its liquor licensing guidelines. Council Member Wulff stated the City Council and staff did an analysis a few years ago with respect to liquor licensing in an attempt to attract the types of restaurants that the community desires. As a result of that CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2008 PAGE 3 analysis, the City Council adopted the 50% food requirement for all restaurants receiving an initial license on or after January 1, 2005. There have been no public safety issues with those new establishments, and Council Member Wulff stated she would be opposed to convening a task force to complete. the work that has already been completed. Council Member Bellows asked the Council members to hold a discussion. regarding the City's liquor ordinance at its February 25t" work session. Council Member Swecker stated she is willing to discuss the current ordinance at a work session, but would not support a moratorium as requested by the. residents. Council Member Rieb stated she would not support a moratorium but .would be willing to discuss the current ordinance at a work session. Mayor Dahl directed. the City Administrator o place a discussion. of the City's liquor ordinance on an upcoming work session .agenda. Consent Agenda. Mr. Mielke highlighted consent agenda items e, h, i, m, p, r and s. 08.18 Motion was made and seconded to approve the consent agenda items as follows: a. Claims for payment. b. January investment report. c. Minutes of the February 4, 2008 City Council meeting. d. Receive minutes of the following advisory committee meetings: • .Planning Commission, February 7, 2008 • Parks, Recreation & Natural Resources Committee, February b, 2008 • Telecommunications Commission, February 12,2008 CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2008 PAGE 4 e. Resolution No. 08-22 calling a public hearing on a proposal for a private school facility project pursuant to Minnesota Law and authorizing publication of a notice of the hearing. f. Resolution No. 08-23 calling a public hearing to be held on March 17, 2008 on proposed assessments for snow removal. g. Resolution No. 08-24 approving a gambling premises permit for Knights of Columbus Council 8367 for pull-tab sales at Lakeville Family Bovvl. h. Stipulation of Facts and Civil Sanction with Babe's Sportsbar & Grill. i. Accept resignation of Paul Kassis from the Telecommunications Commission. j. Final acceptance of public utilities in Chadwick Commercial 2na Addition. k. Resolution No. 08-25.relating to parking restrictions on CSAH 70 and CSAH 5 in the City of Lakeville, Improvement Project 99-23. I. Engineering Services Agreement with. INSPEC to reroof Fire Station # 1 and the public works storage facility. m. Concept, design and fundraising plan for The Gardens at the Veterans Memorial n. Change Order No. 3 with SBF Development Corp. for construction of East Community Park, Improvement Project 07-13. o. Landscape maintenance contract with Gingko Gardens and Lawns. p. Contract with Dakota County for Sentenced to Service Program work crews. q. Resolution No. 08-26 authorizing the sale of assets. r. Ordinance No. 834 amending Title 3, Chapter 4 of the Lakeville City Code concerning lawful gambling. CITY-0F LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2008 PAGE 5 s. Stipulation of Facts-and Civil Sanction with Holiday Station Store # 504. - Roll call was taken on the motion. Ayes, unanimous.. Item 7 -First Park Lakeville AUAR-Authorize Publication and Distribution David Olson, Community & Economic Development Director, presented a resolution ordering distribution and published notice of the draft First Park LakeviNe Alternative Urban Areawide Review (AUAR). He explained .that this action will result in distribution of the draft AUAR to the required review agencies and any citizens requesting a copy. Review agencies will have 30 days in which to comment. The City of Lakeville serves as the Responsible Governmental Unit for purposes of the AUAR. Mr. Craig Patterson of First Industrial Realty Trust, Inc. presented a proposed site plan for the property located at the southeast corner of Dodd Boulevard and CSAH 70: Initially, the project would include infrastructure, a 282,000 square foot office warehouse facility and a 285,000 square foot distribution facility. He stated they anticipate an approximate three to four year build out plan for this site. 08.19 Motion was made and seconded. to approve Resolution No. 08-27 ordering distribution and published notice of the draft First Park Lakeville. Alternative Urban Areawide Review.. .Roll call was taken on the motion. Ayes, unanimous. Item 8 - Donnay's Valley Park 3rd/Niakwa Village 1 S+ and 3~d Mayor Dahl opened the public hearing on street reclamation improvements in portions of Donnay's Valley Park 3rd Addition and Niakwa Village 1St and 3rd Additions, Improvement Project 08-01. The City Clerk attested to legal notices being duly published and mailed. City Engineer Keith Nelson presented the proposed project, which includes street reclamation and curb & gutter. He explained. that the total project cost is $765:934.65. Forty percent of the total estimated assessable cost ($652,396.95) is assessed to the benefiting property CITY Of LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2008 PAGE 6 owners.. The estimated assessment on a single family home is $1,857.36. The estimated assessment on a condominium or townhome unit is $464.34, Mr. Feller presented the proposed assessments for the project, which are consistent with the City's street reconstruction policy. He explained that the special assessments will be levied based on the actual cost of the project. A special assessment hearing vvili be held in the fall, affer the project is completed. Property owners will have an opportunity to pre- pay their assessment to avoid interest charges. Mr. Feller noted that assessments may be deferred for qualified senior citizens. There were no questions or comments from the City Council or members of the audience. 08.20 Motion was made and seconded to close the public hearing on Improvement Project 08-O1. Roll call was taken on the motion. Ayes, unanimous. 08.21. Motion was made and seconded to approve Resolution No. 08-28 ordering public improvement and preparation of plans and. specifications,. Improvement Project 08-01, street reclamation in portions of Donnay's Valley Park 3rd Addition and Niakwa Village 1St and 3rd Additions. Roll call was taken on the motion. Ayes, unanimous. Item 9 -Just Kidding Around Day Care, 6700-160t" Street West Ms. Jan Karrmann, owner of Just Kidding Around Day Care, requested Council approval of a conditional use permit to allow a day care facility at 6700 - 160t" Street West. Mr. Morey presented the proposed conditional use permit to allow a day care facility on property currently owned by Harvest Christian Fellowship. With this project, several non-conformities will be brought into compliance with the Zoning Ordinance.. Overhead utility service lines will be buried, additional landscape buffer screening will be installed, trash container storage will be in an enclosed structure, the gravel parking area will be seeded or sodded, and the existing building will be brought into current building code standards. A stipulation of the conditional use permit requires that in the event the day care facility's outdoor play area has to CITY OF LAKEVILLE COUNCIL MEETfNG FEBRUARY 19, 2008 PAGE 7 be relocated to meet setback requirements due to the expansion of CSAH 46, implementation of the alternate site plan will be done at the property owner's expense. The Planning Commission held a public hearing on the conditional use permit request and unanimously recommended approval subject to 14 stipulations. Staff recommends approval 08.22 Motion was made and seconded to receive the Planning Commission's Findings of Fact and Recommendation .and approve a conditional use permit to Just Kidding Around Day Care to allow a day :care facility at 6700-160th Street West. .Roll call was taken on the :motion. Ayes, unanimous. Item 10 -Appaloosa Farm First Addition Preliminary Plat Mr. Wayne Jagow requested Council approval of the Appa oosa Farm First Addition preliminary plat, located north of lteri Court East and west of Iteri Avenue. Mr. Morey presented. the proposed preliminary plat, which consists of four single family residential lots and one outlot on a 2.59 acre metes and bounds described parcel. The property is zoned RS-2, single family residential district. Mr. Morey stated there is an existing wetland located on the northerly portion of the site, which will be included within a conservation easement with the final plat. The existing house and detached accessory building will be removed with this development.. The Planning Commission held a public hearing and unanimously recommended approval subject to 10 stipulations. Staff recommends approval 08.23 Motion was made and seconded to approve the Appaloosa. Farm First Addition preliminary plat. Roll call was taken on the motion.- Ayes, unanimous. New Business None Announcements - CITY OF LAKEVILLE COUNCIL MEETING FEBRUARY 19, 2008 PAGE 8 • A community town forum is being organized and is scheduled for March 2bth at 7:00 p.m. in the Council Chambers -the forum will focus on youth chemical health. Mayor Dahl adjourned the meeting at 9:00 p.m. Respectfully submitted, CharJ:~ne Friedges, y Clerk II Dahl M y r