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HomeMy WebLinkAbout2009/04/07 CCM - RMROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 7, 2009 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, April 7, 2009 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Weisensel and Bills attending. Also in attendance were City Administrator Johnson, Community Development Director Lindquist, Finance Director May, City Engineer Brotzler, Director of Parks and Recreation Schultz, Communications Coordinator Cox, Chief of Police Kalstabakken, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated that correspondence from Applebee's Restaurants North's Attorney was provided for item 8.a. Liquor Violation Applebee's Restaurants North, LLC dba Applebee's Neighborhood Bar and Grill. He also stated that a revised resolution and PUD agreement were distributed for item 9.a. Request by Kraus Anderson for an Amendment to the Planned Unit Development Agreement for South Robert Commons to allow the building to be temporarily constructed to 12,168 square feet. Motion by Droste. Second by DeBettignies. Motion to adopt the agenda with additional information for the two items. Ayes: 5 Nays: 0. Motion carved. PUBLIC COMMENT Maureen Geraghty Bouchard represented the Leprechaun Days Committee and provided an update on proposed events for the July celebration. DEPARTMENTAL REPORTS /BUSINESS 5.a. Dakota County MADD Recognition Award Chief of Police Kalstabakken Representatives from MADD were in attendance to provide more information about the program and to recognize the partnerships in fulfilling the goals established by MADD. They also provided Mayor Droste will a plaque recognizing Rosemount's efforts. 5.b. Arbor Day Proclamation Parks and Recreation Director Schultz requested that the City Council approve a proclamation naming May 2, 2009 as Arbor Day and the month of May as Arbor Month. Mr. Schultz also provided information about the tree giveaway event at Central Park on Arbor Day. Motion by DeBettignies. Second by Shoe Corrigan 1 Motion to approve the attached proclamation naming May 2, 2009 as Arbor Day and the month of May as Arbor Month. Ayes: 5 Nays: 0. Motion carried. CONSENT AGENDA DeBettignies 6.d. Receive Donations Parks Recreation Dept. and 6.e. Expenditure Approval from the Donation Account Parks Recreation Dept. pulled for recognition. Motion by Weisensel. Second by Mark Motion to Approve the Consent Agenda with the exclusion of items d and e. a. Minutes of the March 11, 2009 Regular City Council Work Session Proceedings b. Bills Listing c. Budget Amendments (Resolution 2009 -16) f. g. Motion by DeBettignies. Second by Shoe Corrigan Motion by DeBettignies. Second by Weisensel. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 7, 2009 Receive Plans Specifications /Ratify Ad for Bid 2009 Street Improvements Project, City Project #426 (Resolution 2009 -17) Re- conveying Outlot B, White Lake Acres to the State of Minnesota and Requesting the Dakota County Treasurer Auditor to Sell the Property at Public Auction (Resolution2009 -18) Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Motion carried. 6.d. Receive Donations Parks Recreation Dept. Council Member DeBettignies acknowledged the donations from MN Energy Resources and the Rosemount Youth Hockey Boosters. Motion to approve the following donations: $250 from MN Energy Resources to be used for the Safety Camp program; and $180 from the Rosemount Youth Hockey Boosters to be used for a baby changing station at the Community Center Ice Arena. Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies Nays: None. Motion carried. 6.e. Expenditure Approval from the Donation Account Parks Recreation Dept. Council Member DeBettignies acknowledged the donations from the Lions Club of Rosemount and Rosemount Youth Hockey Boosters. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 7, 2009 Motion to approve the donation expenditure of $1139.95 for supplies for the Spring Egg Hunt event and $180.00 to be used for a baby changing station at the Community Center as detailed on the attached donation revenue worksheets. Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan Nays: None. Motion carried. PUBLIC HEARING 7.a. Off -Sale Liquor License Application FPW, LLC DBA MGM Liquors Rosemount City Clerk Domeier provided a summary of the staff report stating that Bill Kuether of FPW, LLC applied for a liquor license. She explained that Mr. Kuether planned to open an MGM off -sale in the current MGM Wine Spirits, Inc. located at 14865 South Robert Trail. Based upon the background investigation conducted by the Police Department staff, Ms. Domeier recommended approval of the liquor license effective April 7, 2009 through December 31, 2009. Mayor Droste opened the Public Hearing. No public comment was received. Motion by Droste. Second by Shoe Corrigan. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. Mr. Kuether provided brief statements on his work history in the liquor business. Motion by DeBettignies. Second by Shoe Corrigan. Motion to Approve an Off -Sale Liquor License for FPW, LLC DBA MGM Liquors Rosemount for the premise located at 14865 South Robert Trail. Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. 7.b. Amendment to Shenanigan's Pub Class A and Special Sunday Liquor License City Clerk Domeier stated that because the licensed premise would include a patio area that a liquor license amendment was required. Community Development Director Lindquist provided more information about the site plan changes and drawings as provided in the staff report. She referred to the narrative provided by Shenanigan's owner, Michael Herman, which provided more information about the proposed patio. Council Member Weisensel questioned the height of the fence and stated concerns about the ability to hand drinks off to individuals passing by the patio. Ms. Lindquist stated that the 1 fence would be 42 inches high per building code. She explained that the fencing would be similar in appearance to the patio fencing at Rudy's Redeye Grill. Council Member also questioned the number of liquor violations that have occurred at the establishment. Chief of Police Kalstabakken stated that the only offense was in 2007. Council Member Shoe Corrigan questioned what type of materials would be used to build the patio. Mike Hermann, owner of Shenanigan's Pub, stated that the patio would be constructed out of interlocking brick pavers. Mayor Droste inquired if the large transformer would stay on the east side of the building. Mr. Herrmann replied that the transformer would stay but the larger tree and pine tree would be removed and replaced. Mayor Droste opened the Public Hearing. No public comment was received. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. Council Member Shoe Corrigan thanked Mr. Hermann for making an investment in the Downtown noting he has a great location that will attract additional clientele. She added that the patio will create a sense of vibrancy in the Downtown. Council Member DeBettignies stated his appreciation for seeing the patio plan come to fruition. Motion by Shoe Corrigan. Second by DeBettignies. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 7, 2009 Motion to adopt a Resolution approving an amendment to Shenanigan's Pub Class A On -Sale Liquor License and Special Sunday Liquor License subject to conditions. Ayes: Bills, DeBettignies, Shoe Corrigan, Droste, Weisensel Nays: None. Motion carried. (Resolution 2009 -19) OLD BUSINESS 8.a. Liquor Violation Applebee's Restaurants North, LLC dba Applebee's Neighborhood Bar and Grill Chief of Police Kalstabakken provided a summary of the liquor violation that occurred on April 24, 2008 along with the process for determining the penalty for the liquor license violation. He also provided a summary of the hearing officer's findings. Council Member DeBettignies questioned if the officers changed during the change from AALP to ARN "Applebee's Restaurants North). Mr. Kalstabakken replied that the officers 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 7, 2009 did not change just the owners. City Attorney LeFevere stated it has not been disputed that a separate company owns Applebee's. Kate Becker, the attorney for ARN; Robert Vaugn, Applebee's area director and Sumyiah Artenson, local manager were present representing Applebee's. Ms. Becker explained that the ownership changed entirely when the sale occurred that involved 60 Applebee's in Minnesota. She added that the officer's have no ownership in Applebee's. She noted that after the violation occurred the new owner took several voluntarily action as listed in the staff report to implement new policies in the new company. Ms. Becker stated that with the changes in policy there has been a 15% reduction in sales. She asked the City Council to treat the violation as a first but should the City Council go with staff's recommendation she would ask for a lesser suspension. Ms. Becker also stated that should the City Council move forward with a suspension that Applebee's wanted to serve the suspension immediately starting tomorrow. Council Member Bills questioned who directed the new policy. Ms. Becker explained that the direction came from the corporate office in Lenexa, Kansas after the violation occurred. Council Member DeBettignies stated that when companies acquire another all liabilities are accepted. He questioned the 15% reduction in sales. City Attorney LeFevere pointed out that the reduction in sales was not part of the stipulated facts or record in the hearing examiner results. Mayor Droste questioned the process for checking customer identification. Mr. Vaughn explained the process which included the requirement that a birth date be included on the drink order or the drinks would not be served. Discussion was held that there was potential to defeat the system in place. Ms. Becker explained that employees were retrained on how to card customers. Council Member Shoe Corrigan requested an outline on the code of penalties. Mr. Kalstabakken explained that the past practice included the following: 1) first violation was a $500 civil penalty; 2) the second violation included a $1,000 civil penalty with a three day license suspension; and 3) the third violation included a $1,500 civil penalty with a 21 day suspension which included 10 days served immediately with 11 days stayed for a 24 month period. Mr. Kalstabakken stated there has never been a dispute between City staff and ARN staff that the steps taken after the violation were good steps. He explained that the difference in opinion has been that ARN took on the assets and liabilities of the site along with the entire operations. He added that Ms. Becker has minimized the hearing officer's excerpts in the second recommendation of the report. Ms. Becker stated that the change in ownership was only an asset sale. Council Member DeBettignies stated that ARN acquired the liabilities when they kept the same employees and that there are always liabilities in business transactions. Mr. Kalstabakken added that the background investigations conducted on the corporate officers and local manager were the same for both entities. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 7, 2009 Council Member Shoe Corrigan pointed out that even though the City has set previous penalties for first, second and third violations it was still within their purview to look at circumstance outside of previous penalties. She recognized that Applebee's made changes and has been a big contributor to community events but stated that appropriate consequences must be in place for protecting the citizenry. She added that she supported staff's recommendation. Ms. Becker stated that ARN preferred to serve the suspension in consecutive days starting tomorrow because Easter weekend is typically slow. Council Member DeBettignies stated that ARN took creditable steps in their processes after receiving their last violation. He suggested only a seven day suspension with 14 days stayed along with a $1,500 fine. Council Member Bills questioned the average daily revenue in liquor sales. Mr. Vaughn replied that typical day is about $4,000 in sales with $800 being from the sale of alcohol. He stated that with the license suspension they will average less in sales because most patrons want a alcoholic beverage with their meal. Council Member Weisensel suggested a higher fine with less suspension being cognizant of the employees who work at the restaurant. He recommended a $2,000 penalty with three, five or seven days of suspension. Council Member Bills suggested that the restaurant partner with the local high school and do a mock car crash. City Attorney LeFevere raised concerns with working out the consent decree based on a donation. Mr. Kalstabakken added that police departments have been reprimanded in the past for requiring a donation in lieu of a fine. Mayor Droste proposed a $2,000 fine with five days of suspension and 16 days stayed. Council Member Weisensel agreed with the Mayor's suggestion. Council Member Shoe Corrigan stated that she would not support that recommendation. She further stated that the carding policy Applebee's has in place was not instituted until after the violation and that the penalty should be suspending the license not imposing a bigger fine. Council Member Shoe Corrigan suggested a $1,500 fine with eight days of suspension and 13 days stayed. Council Member Bills agreed with staff's original recommendation of a $1,500 fine and 10 days suspension with 11 days stayed. Motion by DeBettignies. Second by Droste. Motion to adopt a resolution imposing civil penalties on Applebee's Restaurants North, LLC for a violation of liquor regulations on April 24, 2008 with a penalty of $2,000 and five days suspension starting tomorrow with 16 days stayed to be served upon a violation in 24 months. Ayes: DeBettignies, Droste, Weisensel Nays: Shoe Corrigan, Bills. Motion carried. (Resolution 2009 -20) Mr. LeFevere stated that a new resolution would be drafted but that the suspension would start on April 8 for five consecutive days. 1 1 NEW BUSINESS 9.a. Request by Kraus Anderson for an Amendment to the Planned Unit Development Agreement for South Robert Commons to allow the building to be temporarily constructed to 12,168 square feet, Case 09- 08 -AMD Community Development Director Lindquist summarized the information provided in the staff report. Kraus Anderson requested minor amendment to the PUD for the Genz Ryan site due to their bank's refusal to finance the entire building with only a lease from Health East. Ms. Lindquist provided two options for the City Council to consider for ensuring the proposed building size plan was only a temporary situation as outlined in the staff report. Council Member Weisensel questioned the type of brick that would be used on the temporary wall. Matt Alexander, representing Kraus Anderson, replied that their intent was to use a full brick. He added that the goal was to have the temporary wall torn down before the five year period. Council Member Weisensel also questioned if Kraus Anderson tried using a different bank to receive the financing. Mr. Anderson stated that Kraus Anderson went to several banks but that banks were not allowing loans for speculative building. Council Member Shoe Corrigan stated she supported the resolution but wanted to have the brick added in two years if the second building was not constructed. She was concerned about protecting the City and wanted the wall installed sooner. Mayor Droste thought the five year expectation was reasonable. Mr. Alexander stated that Kraus Anderson has owned all of their real estate since the 1950's. Motion by DeBettignies. Second by Weisensel. Motion to adopt a Resolution approving a Minor Amendment to the South Robert Commons (Phase 1) Planned Unit Development Agreement for Kraus Anderson, Inc. Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies Nays: None. Motion carried. (Resolution 2009 -21) Motion by DeBettignies. Second by Weisensel. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 7, 2009 Motion to approve the First Amendment to the South Robert Commons (Phase 1) Planned Unit Development Agreement and authorize the Mayor and City Clerk to enter into the Agreement. Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan Nays: None. Motion carried. 9.b. Approve goals for 2009 -2010 City Administrator Johnson provided a history on the meetings and compilation of the City Council goals. Council Member Weisensel stated that the challenge will be to determine timing of meeting the goals as some of the goals can be attained immediately and others will 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 7, 2009 be completed over a period of time. It was requested that the last bullet item under Growth, Outcomes be changed by removing the word "exceed Motion by Weisensel. Second by Bills. Motion to approve the proposed goals for 2009 -2010 Communication Implement purposeful conversation strategies with the public and private organizations fostering actions and results to educate, promote, involve, sustain and strengthen the community. Outcomes Initiate business newsletter Maintain business electronic mail list Visit at least 50 businesses Update new resident booklet Increase citizen engagement by holding at least three town hall meetings Link City services to other community groups Efficiency /Services Provide exceptional City services at a cost -value proposition supported by the citizens. Outcomes Update Eme1ency Operations Plan Continue to decrease City tax burden Expand long range financial planning Maximize grant opportunities Continue planning for senior programs and facilities Begin citywide performance measurement of City services Partnerships Combine focus and resources with cooperating local and regional governmental agencies, businesses and civic organizations to develop common cultural and economic opportunities. Outcomes Improve transit services and facilities by developing a downtown park and ride lot and improving routes to Minneapolis Partner with neighboring cities, Dakota County and the metro region on economic development marketing Continue to establish partnerships with civic and non -profit organizations Infrastructure /Facilities Increase the value and extend the useful life of the City's physical structures, parks, utility systems and similar assets. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 7, 2009 Outcomes Establish future uses for the former St Joe's Church Campus and plan building renovation Create a new athletic complex in cooperation with UMore Park and DCTC Investigate opportunities to add recreational facilities and other amenities Growth Ensure balanced community and economic development offering residents a safe and well planned neighborhood environment in which to live, work, shop and play. Outcomes Finalize 2030 Comprehensive Guide Plan Investigate development of at least one shovel ready commercial /industrial opportunity with private development partner(s) Update and enhance community information database Pre -plan access and development options for key commercial and industrial sites Continue to participate in studies and plans for UMore property Enhance Parks Master Plan with more study of athletic field needs Develop plan to meet 2030 job growth projections Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the upcoming calendar of events. The next City Council regular meeting will be held on April 21, 2009. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by DeBettignies, the meeting was adjourned at 9:43 p.m. Respectfully submitted, Amy Domeier, City Clerk