HomeMy WebLinkAbout6.a. Minutes of May 18, 2004 Regular City Council Meetingr
I ROSEMOUNT
CITY PROCEEDINGS
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REGULAR MEETING
MAY 18, 2004
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, May 18, 2004, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145t Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Riley, Strayton,
and Shoe - Corrigan present. Also present were City Administrator Verbrugge, City Attorney
LeFevere, Parks and Recreation Director Schultz, Police Chief Kalstabakken, Community
Development Director Lindquist and City Clerk Jentink.
Girl Scout Troop 2331 Presented the Colors honoring the American Flag and leading in The
Pledge of Allegiance. Troop Co- leaders Amy Golla and Kathy Duff accompanied the Girl
Scouts. Mayor Droste noted his appreciation.
Mayor Droste and City Council received additional information provided by city staff for Item 6.
i. Receive Bids /Award Contract — Biscayne Pointe North, City Project 354: received bid amount
and recommendation to Erickson Construction, Inc. in the amount of $327,039.89; Item 6.k.
Evermoor Crosscroft 2nd Addition Final Plat, DR Horton was pulled off agenda expecting to
move forward at a future meeting; Item 7. Application for an Off Sale Liquor License PCS
Liquor, LLC received a memo from the Police Department with a positive report; and it was
noted that the resolution in Item 9. Application for On Sale Liquor License Amendment for
CELTS had a correction to the approval date on it. Attorney LeFevere also requested to add an
item under New Business, Item 1 L Settlement for McMenomy/Hertog Assessment Appeal and
Condemnation.
Mayor Droste moved to accept the agenda as amended. Second by DeBettignies. Ayes: Five.
Nays: None. The agenda was adopted.
Dakota County Park Resolution of Support
Parks and Recreation Director Schultz presented a review of Dakota County's proposal for a
regional park about one and a half miles south of 160 Street. Kurt Chatfield, representing
Dakota County, noted key advancements in their planning. The County examined seven sites in
the southwestern portion of Dakota County and found only two areas that had high quality
resource areas suitable for a regional park. The preferred area is within service areas for
Lakeville, Farmington and Rosemount. There would be trail connections with UMORE Park
which allows horses and cross country skiing. Dakota County has been found to be the second
lowest county provider of park services per population and Dakota County is projected to grow
by over 100,000 people in the next ten years. The two parcels selected, the Butler parcel which
has 780 acres and the Miles parcel which has 460 acres that are next to the Empire Treatment
Facility. The site is remote, has the Vermillion River traversing it, and has scenic Butler Lake in
it., Similar to a State Park, you would find much wildlife and nature to interact with. Mr.
Chatfield displayed a concept map explaining the site. Several governmental agencies have been
contacted for their input and possible future grant applications. Council Member Shoe- Corrigan
suggested the Trust for Public Land be contacted for possible funding. The sites proposed were
identified by Metropolitan Council as future Greenway Projects. Dakota County was not asking
for funding from Rosemount.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 18, 2004
Mayor Droste and Council thought the park concept plan in Empire would be a benefit to
Rosemount residents and looked forward to it moving ahead.
MOTION by Riley to approve A RESOLUTION SUPPORTING THE PLANNING OF A
REGIONAL PARK IN EMPIRE, MINNESOTA. Second by Shoe- Corrigan. Ayes: Riley,
Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried.
Consent Agenda
MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.k. and
added information for 6.i. Second by Strayton. Ayes: DeBettignies, Shoe - Corrigan, Droste,
Riley, Strayton. Nays: None. Motion carried.
a. Minutes of May 4, 2004 Regular City Council Meeting
b. Minutes of May 4, 2004 Work Session
C. Minutes of April 14, 2004 Work Session
d. Bills Listing
e. Receive Donation —Parks & Recreation Department
f. Receive Donation — Police Department, Equipment Fund
g. Change Order #1 — Well #12, City Project #354
h. Change Order #1- Keegan Lake Outlet, City Project #343
i. Receive Bids /Award Contract- Biscayne Pointe North, City Project #370
j. Receive Bids/Reject Bids — Asphalt Paver
k Eye,..,,eer- Gr-essexeft 2 Additio Final Plat DR u,,,-+e Pulled
1. Interim Use Permit for Adventure Zone 2004 -2007
m. Zoning Text Amendment: Fence Definition
n. Zoning Text Amendment: Screening for Off Street Parking, Section 8.1L.6
o. Continued Participation in CDBG Program
P. Hiring of Police Records Supervisor
PUBLIC HEARING: Application for an Off Sale Liquor License, PCS Liquors, LLC _
Mayor Droste opened the Public Hearing. The Affidavits of Posted and Published Notice were on
file.
City Clerk Jentink presented the request by corporate partner Charles H. Christ of PCS Liquors,
Limited Liability Corporation (LLC), for an off sale liquor license in Rosemount. The owner of
Rosemount Liquors, Rishi Mohabir, proposes to sell his business to PCS Liquors, LLC. The new
owners plan to rename the business to Rosemount Liquor Mart. The Police Department presented
a memo to Council stating that the background check and investigation did not bring forward any
reason to deny this liquor license. The applicable forms, prorated license fee, Certificate of
Insurance, and floor plan have been received by staff.
Charles Christ and Sean Schumacher commented on their career backgrounds. Mr. Christ is a
customs broker and Mr. Schumacher an accounting manager who wish to diversify their
investments by entering into the retail sale of liquor. They plan to hire a manager and retain the
current employees and then work closely with them.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 18, 2004
Mayor Droste opened the floor to public comment. Current owner, Rishi Mohabir, thanked City
Council for their public service. He stated he has enjoyed living in Rosemount for over thirty
years and will definitely come back to visit. Council Member Shoe - Corrigan noted that the City
has appreciated Mr. Mohabir's participation in community events and community organizations
and thanked him. Council Member DeBettignies stated that it has been a pleasure having Mr.
Mohabir as a business owner in Rosemount.
MOTION by Droste to close the Public Hearing for an Application of an Off Sale Liquor
License by PCS Liquors, LLC. Second by DeBettignies. Ayes: Five. Nays: None. Motion
carried.
MOTION by DeBettignies to support a RESOLUTION TO APPROVE THE OFF SALE
LIQUOR LICENSE FOR THE ROSEMOUNT LIQUOR. MART /PCS LIQUORS, LLC
AT 15070 CHIPPENDALE AVENUE. Second by Shoe- Corrigan. Ayes: Droste, Riley,
Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried.
PUBLIC HEARING: Common Boundary Line Adjustment and Vacation of Easement for
Richard A. Kot, 13143 Danube Lane
Mayor Droste opened the Public Hearing. The Affidavits of Posted and Published Notice were on
file.
Community Development Director Lindquist presented a common lot line adjustment to shift the
shared lot line east to permit construction of a particular home style. This also would require
vacation of easements which required this Public Hearing. The builder and lot owner, R.A. Kot,
was present. The lots are located at 13143 Danube Lane and 13078 Danube Court.
Approximately 980 square feet of land from 13143 Danube Lane will be transferred to 13078
Danube Court to increase the depth of the lot which would allow the home to be aligned to offer
more privacy. This does not cause any variance to occur for either lot, all setbacks are met and
the access is not changed. The builder stated there are no in ground utilities in the noted
easement. Staff recommends approval of the boundary line adjustment and an easement vacation,
relocating the drainage and utility easements to correspond with the new common property line
as presented.
Mayor Droste opened the Public Hearing for audience comment. There was no response from the
audience.
MOTION by Droste to close the Public Hearing for Common Boundary Line Adjustment and
Vacation of Easement for Richard A. Kot, 13143 Danube Lane. Second by Riley. Ayes: Five.
Nays: None. Motion carried.
Council Member Riley asked if any concerns were voiced by neighbors. Community
Development Director Lindquist reported that a neighboring lot owner did call and expressed
surprise that lot lines could be changed at this point.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 18, 2004
MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE RELOCATION
OF A COMMON BOUNDARY LINE between Lots 8 and 9, Block 3, Evermoor Addition,
subject to conditions. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste,
Riley. Nays: None. Motion carried.
MOTION by DeBettignies to adopt A RESOLUTION APPROVING VACATION OF THE
EXISTING DRAINAGE AND UTILITY EASEMENTS BETWEEN LOTS 8 AND 9,
BLOCK 3, EVERMOOR ADDITION, subject to conditions. Second by Shoe - Corrigan. Ayes:
DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried.
PUBLIC HEARING: Application for On Sale Liquor License Amendment for CELTS
Mayor Droste opened the Public Hearing. The Affidavits of Posted and Published Notice were on
file.
City Clerk Jentink presented the application for CELTS Irish Pub to expand the square footage of
their business by approximately 1700 square feet which requires an amendment to their On Sale
Liquor License. This expansion would extend CELTS into the north side of that building which
was formally occupied by a tanning salon. No exterior walls of the building would be changed.
The remodeling plans will have to go through the normal process review with the building,
planning and fire departments. This amendment does not approve the floor plan but allows the
expansion for liquor sales. The Police Department's memo noted that only three service calls
have occurred in the last year at CELTS and that CELTS staff is doing an excellent job of
preventing problems at the business.
Brandon Barth, 3349 Delaney Circle, Inver Grove Heights, owner of CELTS addressed the
Council. Mr. Barth asked for approval of the amendment to the on sale liquor license and he
offered to have his contractor present the remodeling plan. Mayor Droste declined the
presentation at this time. The north half of the building will be remodeled with the same theme as
the original business, an Irish castle.
Mayor Droste asked if the remodeling of CELTS will return to City Council for a review.
Community Development Director Lindquist replied that the process will be handled
administratively through department reviews and it would not require further City Council
review.
MOTION by Droste to close the Public Hearing for the Application for On Sale Liquor License
Amendment for CELTS. Second by Riley. Ayes: Five. Nays: None. Motion carried.
MOTION by Riley to approve A RESOLUTION TO AMEND THE ON SALE LIQUOR
LICENSE FOR CELTS/BARMAN'S HOSPITALITY GROUP INC., 14506 SOUTH
ROBERT TRAIL with the date on the resolution of May 18, 2004. Second by Shoe - Corrigan.
Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 18, 2004
Heritage Development Carrousel Office Plaza Planned Unit Development (PUD) Final
Development Plan
Community Development Director Lindquist presented the final development plan for Heritage
Development of Minnesota, LLC for another building at the southeast corner of Chippendale
Avenue and Carrousel Way. The building is a multi -tenant office building which is designed as a
two- story and has 25,400 square feet of space. Tenants will share a monument sign, access and
parking with the movie theater property directly to the east. The applicant has modified the PUD
to address all of staff's concerns. The modifications included increasing green space, adding a
berm and landscaping, adding a sidewalk around the building and providing proper truck
circulation. The property was platted some time ago and proof of the park dedication fee was not
found by the City. The burden of proof is placed on the developer to show that the park
dedication has been paid or provide that amount. The building is an attractive masonry structure
with windows around the exterior. A letter of credit has been obtained. During the Public
Hearing at the Planning Commission April 27, 2004, two residents expressed concern about the
residential development to the south due to lack of landscaping and general maintenance of the
landscaping and poor follow through by the residential builder. Lindquist indicated the current
applicant was the owner of the property, but is not now, as it was sold to the builder.
Jack Welch, Heritage Development of Minnesota, LLC responded to Council's questions. The
shared sign was described as having back lighting with Marcus Theater at the top and six spaces
for the tenants of the office building below. Mr. Welch noted he was also frustrated with the
developer in regard to weeds. Mr. Welch would hope to have the office space available by next
spring.
MOTION by Strayton to adopt A RESOLUTION APPROVING THE PLANNED UNIT
DEVELOPMENT FINAL DEVELOPMENT PLAN FOR HERITAGE DEVELOPMENT
to construct the two -story 25,400 square foot CARROUSEL PLAZA OFFICE BUILDING
with shared access, parking and signage on the property located in the southeast corner of
Chippendale Avenue and Carrousel Way, subject to conditions. Second by Shoe - Corrigan. Ayes:
Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried.
Settlement Agreement with McMenomy/Hertog for an Assessment Appeal, Easement, and
Condemnation
City Attorney LeFevere reported on the appeal of a special assessment and eminent domain for
property for ponding and some temporary and permanent easement for construction on Biscayne
Avenue. The agreement is the same agreement that had been discussed at the Closed Executive
Session on May 4, 2004 except it is no longer linked to any zoning issues. There will be no
payment of interest or appraisal fees by the City. This agreement would save the City money that
might be spent on litigation, legal fees for the assessment appeal and condemnation, appraisal
fees, and staff time. City Attorney LeFevere recommended a motion approving the agreement
and authorizing execution by the Mayor and the City Clerk.
MOTION by Strayton to approve the settlement agreement with McMenomy/Hertogs and
authorizing execution by the Mayor and the City Clerk. Second by DeBettignies. Ayes: Strayton,
DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MAY 18, 2004
Announcements
Council Member DeBettignies congratulated the D.A.R.E. graduates from Rosemount
Elementary School fifth grade classes who received seventeen weeks of training for drug
prevention. Rosemount Police Officer Tim Murphy reported at the graduation on May 7, 2004,
that he thoroughly enjoyed working with these kids because they were bright and enthusiastic.
Murphy found it very difficult choosing essay winners because all the entries were very good.
Five D.A.R.E. essay winners were selected, one from each fifth grade class: Dailey Burckhard,
Matthew Foley, Hillery Davis, Grayson Couture, and Heather Snay. The Spirit Award was
presented to Brandt Berghuis for exemplifying the qualities needed to prevent drug abuse. St.
Joseph Church School had its graduation last month and Shannon Park Elementary will hold its
graduation on June 9, 2004. DeBettignies commended the schools and police department for
their efforts.
Mayor Droste reviewed the upcoming meetings for City Commissions and City Council.
Mayor Droste adjourned the meeting at 8:43 p.m.
Respectfully submitted,
Linda Jentink, City Clerk
Recording Secretary
The City Council Agenda Packet is Clerk's File 2004 -20.
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