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HomeMy WebLinkAbout6.a. Minutes of May 18, 2004 Regular City Council Meetingr I ROSEMOUNT CITY PROCEEDINGS �� LL 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. 1 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. 2 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. 3 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. 4 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. 5 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. 6