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HomeMy WebLinkAbout03-03-08 CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 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: R. Knutson,. City Attorney; S. Mielke, City Administrator; K. Nelson, City Engineer; D. Feller, .Finance Director; S. Michaud, Parks 8~ - Recreation Director; T. Vonhof, Police Chief; D. Morey, Planning Director; B. Visnovec, Liquor Director; T. Barnard, Arts Center Coordinator; C. Friedges, City Clerk. Mr, Mielke had no additional agenda information. Presentations/Introductions Robert Erickson. and Erik Brand, representing the Friends of the Lakeville. Area Arts Center, provided an Update on the contributions that have been made by fhe Friends to the Lakeville Area Arts Center in its six years of operation, To date, fundraising campaigns total $680,000.. Mr. Michaud provided information on aCity-sponsored Citywide Garage Sale, which is scheduled to take place on May 17, 2008. Liquor Director Brenda Visnovec presented the 2007 Liquor Department Annual Report. Citizens' Comments Jack and Jo Baker and Lisa Holien, representing the Dakota County Chapter of Mothers Against -Drunk Driving (MADDj, spoke in support of the proposed social host ordinance. .Consent Agenda Mr. Mielke highlighted consent agenda items e, f and g. Council Member Wulff questioned Item bj, which authorizes the continued analysis of inflow and. infiltration as required by the Metropolitan Council. CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 2008 Page 2 Mr. Nelson explained that the Metropolitan Council required a five year monitoring program as a result of a 2004 rain event. Mr. Mielke explained that while the City continues to evaluate its inflow and infiltration, it has been unable to establish that the 2004 rain event, which caused some flooding throughout the Metro area, was not caused by the City's system. 08.24 Motioh was made and seconded to approve the consent agenda items as follows: a. Claims for payment. b. Minutes of the February 19, 2008. City Council meeting and the January 29, 2008 Council work session. c. Receive minutes of the following advisory committee meetings:- • Planning Commission, February 21, 2008 • Parks Recreation & Natural Resources Committee, February 20, 2008 • Economic Development Commission, February 26,2008 d. Resolution No. 08-29 calling a public hearing on the certification of delinquent utility charges. e. Resolution No. 08-30 accepting donation of a seven-foot flag and display stand. from the Lakeville Lions Club to the Senior Center. f. Authorize staff to continue planning a City of Lakeville tree sale. g. Resolution No. 08-31 approving plans and specifications and setting a bid date for Improvement Project 08-01, street reclamation in portions of Donnay's Valley Park 3rd Addition and. Niakwa Village 1 sr and 3~d Additions. h. Resolution No. 08-32 approving. plans and specifications and setting a bid date for Districts 6 and 7 sealcoating, Improvement Project 08- 02. i. Final acceptance of public utility and street improvements in Quail ..Ridge 2nd Addition. CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 2008 Page 3 j. Receive inflow and infiltration analysis for the MCES Surcharge Program 2007 Progress Report and authorize S.E.H., Inc. to continue inflow and infiltration analysis for 2008, North Creek Inflow/Infiltration Study, Improvement Project 06-19. k. Resolution No. 08-33 approving change orders for the Police. Department project. I. Resolution No. 08-34 authorizing the sale of assets. Roll call was taken on the motion. Ayes, unanimous. Item 7 -Highview Hills Robert Erickson of-Welsh Companies requested Council approval of a 155-.unit senior care facility on approximately six acres of land located in .the northeast quadrant of 202nd Street (CSAH 50) and Highview Avenue. Denny O'Donnell, Vice President of Walker Eldercare Services, outlined . the amenities of the Highview Hills Senior Living Community to include a . concierge, fine dining, theatre, salon & spa, fitness. center, library, .Internet lounge, Ecumenical chapel, arts & crafts center, card & game room, marketplace, heated underground parking and two guest suites. The facility includes independent living.. apartments, assisted .living, memory -care and care suites. Grant Jacobson, Jacobson Engineers & Surveyors, provided a detailed site rendering for the .project. Lynn Sloat of Genesis Architecture provided samples of exterior building materials for the various elevations of the building. Dan Licht, Northwest Associated Consultants, presented the planning report for Highview Hills. This project, he explained, will fill an important life cycle housing need in the city as identified in the City's Comprehensive Plan. The Highview Hills development includes an amendment to the Comprehensive Plan land use designation to High Density Residential; an ordinance rezoning the property to Planned Unit Development, the preliminary plat of one buildable lot, a development stage planned unit development fora 155-unit senior care facility and a conditional use permit for joint parking facilities. He explained that Highview Hills will CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 2008 Page 4 construct and share a private driveway with St. John's Church #oraccess off of Highview Avenue. Private agreements between. the developer and St. John's Church for maintenance of the private driveway, as well as for sharedparking, will be required with the Highview Hills final plat. Sidewalks: connecting the senior care facility with the St. John's Church site. and with trails along Highview Avenue will also be constructed by the developer. .Right of way is being dedicated with this project for the future expansion of CSAH 50 and Highview Avenue. Mr. Licht explained that the preliminary plat and .rezoning are subject to Metropolitan Council approval of the Comprehensive Plan amendment. The Planning Commission held a public hearing and unanimously recommended approval.. The Dakota County Plat Commission has reviewed the. pre iminary plat and also recommends approval. The Parks,. Recreation & Natural Resources Committee recommended approval .subject to a cash -park dedication and trail/sidewalk construction within the development, as listed in the. February 15, .2008 planning report. Mr. Mielke thanked the development team for this project and City staff - for assuring that the City's standards have been met throughout the review process. 08.25 Motion was made and seconded to receive the Planning Commission's Findings of Fact. and Recommendation and approve he following: • Resolution No. 08-35 approving a comprehensive plan amendment to change the land use designation of property from Low Density Residential to High Density Residential; • Ordinance No. 835 rezoning Lot 1, Block 1, Highview Hills, to Plarined Unit Development; • ..Preliminary plat of Highview Hills and a development stage planned unit development fora 155-unit senior care facility; and • Conditional use permit for joint parking facilities. Rotl call was taken on the motion. Ayes, unanimous. Item 8 -Social Host Ordinance .Chief Vonhof .presented a proposed ordinance amending Title 5 of the Lakeville City Code concerning social hosts: He explained that the ordinance targets people who host events or gatherings at their private CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 2008 Page s residences where persons under 21 years of age possess or consume .alcohol, regardless of whether the person hosting the event or gathering supplied the alcohol. He explained that this ordinance closes a small loophole in state statute and enables the Police Department to hold a person liable for hosting a party for underage persons where alcoholic beverages are present. Under the. proposed ordinance, a person could .not be held liable if that person is away from home and not aware of the party taking place. Chief Vonhof explained that the ordinance. does not apply to conduct solely between an underage person and his or her parent while present in the parent's- household; it does not apply to legally protected religious observpnces; and it does not .apply to license holders or underage persons who are lawfully in possession of alcoholic beverages during the course. and scope of employment. Chief Vonhof .asked the City Council to receive the draft ordinance and set a period of 30 days for public comment and input. 08.26 Motion was made and seconded to receive the draft ordinance amending Title 5 of the Lakeville City Code concerning social -hosts and receive citizen comments fora .period of 30 days on the proposed amendment. Roll .call was taken on the motion. Ayes, unanimous. Item 9 -Planning Commission/EDC Appointments 08.27 Motion was made and seconded to appoint Jason Glad to the Planning Commission for a term expiring on December 31, 2010; and .appoint Glenn Stanfield to the .Economic Development Commission for a term expiring on December 31, 2010. Roll call was taken on the motion. Ayes, unanimous. New Business Council Member Bellows thanked the City staff for the information .:provided to the council members for their recent work session discussion regarding liquor licensing issues. He asked the council members to consider directing the Planning Commission to review the City's zoning CITY OF LAKEVILLE COUNCIL MEETING MARCH 3, 2008 Page 6 ordinances with regard to liquor and also to .direct the Police Department to draft. a best practices policy for the Council's consideration. Council Member Swecker stated she would support directing the Police Department to draft a best practices policy; however she would not. support directing the.Planning Commission to review the ordinances, as she feels the City's ordinances have been reviewed extensively and are fairly solid as written. .Council Member Wulff agreed with Council Member Swecker on the: establishment of a best practices policy for restaurants that serve alcohol She also agreed that the City's liquor ordinance is solid as currently written. 08.28 Motion was made. and seconded to direct. the Police Department to study and provide information for the Council's consideration regarding a best practices program for establishments that serve alcohol Roll call was taken on the. motion. Ayes, unanimous. Announcements: • Youth Art Exhibit at the Lakeville Area Arts Center -March 4-18, 2008 • Next regular City Council meeting., March 17, 2008 Mayor Dahl adjourned the meeting at 8:43 p.m. Respectfully submitted, Charlene Friedges, Ci Clerk H Dah , a or