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HomeMy WebLinkAbout07-05-83 CITY OF LAKEVILLE COUNCIL MEETING July 5,.1983 The meeting was called to order at 7:00 p.m. by Mayor Zaun at J.F.K. Elementary School. The pledge of allegiance to the flag was given. Ro11 call was taken. Present: Councilmembers Enright, Sindt, Nelson, Harvey and Mayor Zaun. Also present: Roger Knutson, City Attorney; David Licht, City Planning Consultant; Keith Nelson, City .Engineer; Richard Radermacher, Chief of Police; Patrick McGarvey, City. Administrator/Clerk. Staff announcements: The City Administrator advised the council that letters had been received from Roger Derrick of Derrick Land Company and from Mueller Pipeliners concerning an extension of the deadline f_or the bid received from Mueller Pipeliners on Oak Ridge Estates Addition improvements. The council is being requested to approve an extension in the final date which the City can retain the bid by approving a 30-day extension. 83.260 Motion was made by Nelson, seconded by Sindt to approve. an extension on the bid date 30 days for the bid received from Mueller Pipeliners on the Oak Ridge Estates Addition as requested. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Harvey, Enright. The City Engineer recommended approval of a contract completion date extension on Projects 81-12 and 82-3 and 82-1 as per a request from the contractors and letter of recommendation to the City Council. 83.261 Motion-w~,s made by Harvey, seconded by Nelson to approve the extension of the completion date on projects 81-12, 82-3 and 82-1 as recommended by the City Engineer. Roll call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun, Harvey. Citizen Comments: There were none. 83.262 Motion was made by Enright, seconded by Sindt to approve the consent agenda items with the exception of the bill to Peoples Natural Gas on page 10 of the check register in the amount of $102.00, which is to be deleted.. Roll call was taken on the motion. Ayes, Nelson, Zaun, Harvey, Enright, Sindt. At this time, Mayor Zaun opened up for discussion the application of Rembrandt Enterprises, Inc. for concept approval of a planned unit development for a horse race track and related commercial facilities. Mr. Zaun recog- nized Mr. Robert Hoffman, attorney for Rembrandt, who reviewed answers to questions raised at the May 31, 1983, Planning Commission meeting, which had been answered in writing by a memorandum to the City from Mr. Hoffman's office. Mr. Hoffman pointed out that the P.U.D. had been revised from the original 410 acre proposal down to 370 acres. -1- • • i CITY OF LAKEVILLE COUNCIL MEETING July 5, 1983 Mr. David Licht, City Planning Consultant, explained to the council how the City comprehensive plan documents had been revised since the May 31, 1983, special Planning Commission meeting to reflect the reduction in the P.U.D. from 410 acres. down to 370 acres.. At this 'time, a film presentation on the Ak-Sar-Ben Race Track facility in Omaha, Nebraska, was shown to the council and citizens present. The City Administrator then narrated a slide presentation showing the Ak-Sar-Ben race track facilities and the land uses abutting to and in the surrounding area. At this time, Mayor Zaun recognized the citizens present wishing to speak to the council on the race track proposal. Mr. Walter Kraw~a, who lives on the south. side of the proposed race track on County Road 64, stated that he does not want to move and did not favor having the track located. in that area. Mrs. Leon Hammer asked if the E,A,W, was finished, and Mr. Hoffman said that it was not finished as of yet. Coleen Powell asked if all of the council had viewed the site, and the answer from all fve.memLb:ers was "yes.". `Mrs. Betty Tuma spoke to the council about her concern of the race track in that area of Lakeville. Mr, Leonard Tuma addressed thQ council and stated that he was the secretary/treasurer for the Westwood Land and Home- owners Association and gave a brief history on the establishment of that assoc.ation® Mr. Tuma listed his group°s coh.cerns and opposition to the proposed race track and land use in this area. Mr. Edward Mako asked how°the City would .expect to police such a facility and be assorted-that organized crime would not infiltrate either the facility or businesses on the periphery. The City Admini trator answer®d that the City did not propose to get into directly policing the activities at:a facility of this size because of the obvious lack of forces the City would have to do an adequate job. Therefore, it would be up to the owner and operator of the race track to secure his own private security forces, both. on his own payroll and by retaining private security firms. The City would still have jurisdiction and would need to get involved when called upon for police assistance. It was also painted out that the State Racing Commission will have certain security obligations. under the state law for any race track facility in Minnesota. Mrs. Jerry Whittier spoke in favor of the proposal and stated that she felt Lakeville should be open to allowing-these people to come to-the community, She also stated she was .familiar with the Rembrandt Enterprises nursing home operation and spoke highly of their reputation, Mrs. Sharon Sinner spoke in opposition to the proposed facility. -2- • • • CITY OF LAKEVILLE COUNCIL MEETING July 5,.1983 Mr. Charles VanderWal spoke in favor of it. Mr. Ron Engstrom stated that he was against the proposed facility. At this time, the mayor asked the councilmembers to express any comments they wished on the matter. Councilman Nelson stated in brief what he had seen in trips to SanFrancisco and Seattle to visit race track facilities and felt that they were compatible with the neighborhood he found them in. Councilmember Sindt stated that she had made a trip to Chicago and visited the .Arlington and Maywood tracks. and felt, that her concerns. about horse racing and the policing of horse racing had been addressed. Councilmember EnrighC spoke of the positive .aspects of the proposed race track, greater tax base, employment, hospitality industry for Lakeville. Councilman Harvey stated that his. impression of the site was that the topography and the berming that would be necessary and potentially available would assist in making the track compatible to surrounding land uses. Mayor Zaun read a statement on zoning and stated that he felt the City needs to have input into .the administrative rules which the State Racing Commission will be formulating and adopting to guide the horse racing industry in Minnesota. He also staffed that he fe1.t it would be necessary. for the City to adopt additional ordinances to regulate and control activities that may be associated with this proposed facility. The mayor also pointed out that ,the reputation of the applicant is very important for a facility of this nature, and he felt Rembrandt Enterprises, Inc. has a substantial reputation. The mayor also emphasized the revenue that this facility and potential related facilities would generate for the community and stated that in his opinion the character of Lakeville is such. that the community can handle this large of a facility. 83.263 Motion was made by Sindt, seconded by Enright to adopt Resolution No, 83-67 providing concept approval for Rembrandt Enterprises, Inc, Before roll call was taken on the motion, the City Administrator read the resolution in full. Roll call was taken on the motion. Ayes, Zaun, Harvey, Enright, Sindt, Nelson. At this time, Mayor Zaun opened the public hearing on the proposed extension of sanitary sewer along County Road 64 and south on Kenrick Avenue to serve the Lakeville Inn hotel site, as well as other property. The City Adminis- trator attested to the legal notice. Mr. Keith Nelson presented a slide presentation showing where the extension is proposed to be constructed and indicating that the total project cost is estimated at $412,900,. _3_ • i • CITY OF LAKEVILLE COUNCIL MEETING July 5, 1983 The City Administrator stated that the developers of the Lakeville Inn were originally going to construct their own on-site treatment plant. until such time as the City could extend city sanitary sewer. However, it was determined that the on-site system would most likely be unfeasible, and the developers were, therefore, interested in donating to the City $150,000 which would have been the cost of their on-site system toward helping to get the sewer extended at this time. Mr. Charles VanderWal was present, and. Mayor Zaun asked him if he had had an opportunity to read the proposed agreement between the City and the developer concerning. the sewer extension requirements the City expected the developer to meet. Mr. VanderWal state he had read the agreement and was substantially in favor of its terms; however,. he would need to await the return of his partner from an overseas trip before they could execute it. Mr. Jack Pavlike was present and asked about. assessments on other property adjacent to the proposed sewer line extension. The City staff answered that the proposal for this extension involved the deferment of principal and interest on the sewer extension assessments until such. time as the properties are either developed or hooked. up and use the system. At that time, an assessment would be due, and interest would start running on the .assessment if not paid in full. 83.264 Motion was made by Harvey, seconded by Nelson to close the public hearing. Roll call was taken on the motion. Ayes, Harvey, Enright, Sindt, Nelson, Zaun. 83.265 Motion was made by Enright, .seconded by Sindt to adopt Resolution 83-68 ordering the sanitary sewer improvement along County Road 64 and south on Kenrick Avenue subject to .the developer of the Lakeville Inn signing the agreement and agree to the .terms of it. Roll call was taken an the motion. Ayes, Enright, Sindt, Nelson, Zaun, Harvey. 83.266 Motion was made by Enright, seconded by Sindt to approve and authorize the mayor and clerk to execute an agreement with the developers of the Lakeville Inn hotel concerning requirements for the City to extend sanitary sewer to serve the facility. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Harvey, Enright. At this time, the City Council reviewed the site plan for the Lakeville Inn and discussed the report from the City Planning Consultant, David Licht.. 83.267 Motion was made by Sindt, seconded by Harvey to approve the site plan subject to the conditions raised in the planning consultant report being. met by the developer. Roll call was taken on the motion. Ayes,. Nelson, Zaun, Harvey, Enright, Sindt. At this time, the City Council reviewed the application of Roger Radunz for a conditional use permit to build an accessory garage building with over 1,000 square feet for use as a riding arena for some of his horses. -4- . i i i ` CITY OF LAKEVILLE COUNCIL MEETING July 5, 1983 83.268 After considerable discussion concerning.. the size of the proposed facility, use, zoning involved and precedent, a motion was made by Enright, seconded by Sindt to table the matter for further consideration until. the July 18, 1983 cauncil meeting. Roll call was taken on the motion. Ayes, Zaun, Harvey, Enright, Sindt, Nelson.. 83.269 Motian was made by Sindt, seconded by Nelson to extend the council meeting beyond the 10:30 adjournment time. Ro11 call was taken on the motion. Ayes, Harvey, Enright, Sindt, Nelson, Zaun. At this time, Mayor Zaun opened the public hearing on the proposed improvement of LacLavon Drive, an improvement project primarily in the city of Burnsville but which. would extend into the city of Lakeville s-ouch to County Road 46 intersection. The City Clerk attested to the legal notice. Mr. Keith Nelson showed a slide showing the project area: and indicated that the total estimated cost to the City of Lakeville for its portion of the road improvement is $13,850. Mr. Nelson explained that the proposal is to assess 75 .feet on the Purcell property at an estimated cost of $1,882. The City Council was advised that the new owner of the property at this time is Caroline Lesar. Mr. Ron Lesar was present and spoke against the proposed improvement assessment. Mr. Ron Engstrom was present and stated, as a real estate agent, that he was having a difficult time selling the property involved due to already high assessments in part. The City Administrator pointed out that the .parcel is large enough that it could be subdivided into two additional lots, because the property is served by city utilities. He pointed out that in the past, Mrs. Purcell ho,d pursued the subdivision of the property taut had not completed all of the requirements.. 83.270 Motion was made by Enright, seconded by Sindt to close the pub lic hearing. Ro11 call was taken on the motion. Ayes, Enright, Sindt, Nelson, Zaun, Harvey. 83.271 Motion was made by Enright, seconded by Harvey to adopt Resolution No. 83-69 ordering the improvement of LacLavon Drive and authorize an agreement with the City of Burnsville for the making of the improvement. Ro11 call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Harvey, Enright. At this time, the City.. Council took up consideration of a staff recommendation making the temporary opening of Ixonia Avenue between Maplewood Estates and Dakota Heights additions permanent. There were several citizens present concerning the matter, and a petition was .presented to the council in opposition. 83.272 Motion was made by Harvey, seconded by Enright to receive the petition opposing the permanent opening of Ixonia Avenue. Roll call was taken on the motion. Ayes, Nelson, Zaun, Harvey, Enright, 5indt. -5- ' • • • CITY OF LAKEVILLE COUNCIL MEETING July 5, 1983 83.273 Motion was made by Enright, seconded by Sindt to receive the staff report and place it on the July 18, 1983 council agenda for further consideration and possible council action on the recommendation. Roll call was taken on the motion. Ayes, Zaun, Harvey, Enright, Sindt, Nelson. 83.274 Motion was made by Harvey, seconded by Sindt to adopt Ordinance No. 226 regulating peddlers, solicitors. and transient merchants with one amendment inserting the provision to have the fees for the. licenses established by council resolution. Roll call was taken on the motion. Ayes, Harvey, Enright, Sindt, Nelson, Zaun. 83.275 Motion was made by Sindt, seconded by Nelson. to adopt Resolution No. 83-70 setting a public hearing for August 15, 1983 on the proposed improvement of 175th Street at the east end near Ipava Avenue. Roll call was taken on the oration. Ayes, Enright, 5indt, Nelson, Zaun, Harvey. At this time, the. City Council took up a.recommendation from the consultant firm of Curry and Asmus. and City staff concerning the purchase of a word processing equipment. The recommendation was to approve Alternate B in the amount of $16,128 wi h networking, and award the purchase to Wagers. 83.276. Motion was made by Harvey, seconded by Enright to approve and award the purchase of Alternate B in the amount of .$16,128 with networking to Wagers. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Harvey, Enright. 83.277 Motion was made by Sindt, seconded by Harvey to authorize the installation of "no parking".signs on one side of Judicial Road. as recommended by the Chief of Police and Park & R.ecre~.tion Director. Roll call was taken on the motion. Ayes, Nelson, Zaun, Harvey, Enright, Sindt. 83.278 Motion raas made by Enright, seconded by Sindt to approve the abatement of the assessments. as recommended by the Dakota County Assessor's Office on percel ~~22-01300-014-82. Roll call was taken on the motion. Ayes, Zaun, Harvey, Enright, Sindt, Nelson. 83.279 Motion was made by Enright, seconded by Sindt to authorize the purchase of new cash registers for the off-sale liquor stores and the installation of the LOGIS perpetual inventory system for the liquor store operation, as recommended in a report from the LOGIS staff and city staff. Roll call was taken on the motion. Ayes, Harvey, Enright, Sindt, Nelson, Zaun. 83.280 Motion was made by Harvey, seconded by Sindt to authorize city employees to have payroll deduction for the Minnesota State Employee Credit Union.. Roll call was taken an the motion. Ayes., Enright, Sindt, Nelson, Zaun, Harvey. -6- • • CITY OF LAKEVILLE COUNCIL MEETING July 5, 1983 83.281 Motion was made by Sndt, seconded by Harvey to approve the purchase of a wide screen T.V, for liquor store ~1~1 in the amount of $1655 with a four year warranty from McVcker's. Roll call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Harvey, Enright. 83.282 Motion was made by 5indt, seconded by Enright to approve to approve an annual raffle license for All Saints Church and waive the bond requirement. Roll call was taken on~:the motion. Ayes, Nelson, Zaun, Harvey, Enright, Sindt. 83.283 Motion was made by Sindt, seconded by Harvey to approve an agreement with Dakota County concerning the 911 emergency communication. center transfer from Burnsville to Eagan. Roll call was taken on the motion. Ayes, Harvey, Enright, Sindt, Nelson, Zaun. 83..284 Motion was made by Enright, seconded by Nelson to adopt the amended liquor store employee manual. Roll call was. taken an the motion. .Ayes, Enright, Sindt, Nelson, Zaun, Harvey. 83.285 Motion was made by Enright, seconded by Nelson to adjourn the council meeting. Ro11 call was taken on the motion. Ayes, Sindt, Nelson, Zaun, Harvey, Enright. Time• 11:35 p.m. Respectfully submitted, i` Patrick E. McGarvey, City C1 Du e Zaun, Mayor, -7- CITY OF LAKEVILLE AGENDA COUNCIL MEETING Tuesday July 5, 1983 7:00 P.M, J.F.K. Elementary School Call to order. 1. Roll call. 2. Staff announcements. A. Attorney B. Engineer C. Administrator 3, Citizen. comments. 4. ..Consent agenda. a. Approval of the minutes of the June 20, 1983 council meeting.. b. Approval of the claims for payment. c. Receive the minutes of the following committee meetings. Natural Resources, June 21, 1983 Park & Recreation, June 29, 1983 5. Application of Rembrandt Enterprises, Inc. for concept approval of a planned unit development for a horse race track and related commercial facilities on the west side of I-35 north of County Road 64, for amendments to the comprehensive plan of the City and for preliminary plat approval. a. Comments from the applicant. b. Presentation from city consultants and staff. c. Questions and comments. d. Resolution stating city council action on the applications. 6. Public hearing on the proposed extension of sanitary sewer along County Road 64j205th Street west to Kenrick Avenue, and south on Kenrick Avenue to the proposed Lakeville Inn motel site. a. Presentation of the proposed project by the city engineer and staff. b. Questions and comments. c. Motion to close, or continue, the hearing. d, Resolution to order, or deny, the project. 7. Application of Richard Ungar and Charles VanderWal for approval of the Lakeville Inn motel on the east side of Kenrick Avenue, north of County Road 70. a. Approval of an agreement with the applicant on their share of cost for the extension of sanitary sewer to the property. b. Approval of the site plan. CITY COUNCIL AGENDA July 5, 1983 (Continued) 8. Application of Roger Radunz for a conditional use permit to construct a garage with over 1,000 square feet of space at 18807 Orchard Trail. 9. Public hearing on the proposed improvement of LacLavon Drive (Crystal Lake Road). a. Presentation of the project by the city engineer. b. Questions and comments. c. Motion to close, or continue, the hearing. d. Resolution to order, or deny, the project. 10. Receive staff report on the permanent opening of Ixonia Avenue between Dakota Heights and 185th. Street. 11. Adopt an ordinance regulating .peddlers, solicitors and transient merchants. 12. Receive preliminary report and set a public hearing on the proposed improvement to 175th Street at the west end, from a point between Jaguar Path and Txonia Avenue bo Ipava Avenue. 13, Recommendation from consultant and staff on a word processing computer for the City. a; Award of purchase. 14. Receive staff report on the need for "no parking'° regulations on one side of Judicial Road near the Orchard Lake Beach area. a. Authorize no parking. 15. Approval of an assessment abatement as recommended by the County Assessor on Parcel X622,01300-014-82. 16. Approval of the purchase of .the LOGIS liquor control inventory accounting and cash register system. 17. Approve offering of Minnesota state employees credit union deductions availability to City employees. 18, Approve purchase of a wide screen TV for the liquor store. 19, Approve an annual raffle license for A11 Saints Church. 20. Approve an agreement with Dakota County to amend the Dakota County 911 Plan reassigning backup responsibilities for the Sheriff's Department far communications. 21. Any other business. 22. Adjourn.