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HomeMy WebLinkAbout2009/04/21 CCM - RM1 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, April 21, 2009 at 7:30 p.m. in the Council Chamber at City Hall, 2875 145t Street West, Rosemount. Mayor Droste called the meeting order with Council Members Bills, DeBettignies, Shoe Corrigan and Weisensel attending. Staff members present included City Administrator Johnson, City Clerk Domeier, Chief of Police Kalstabakken, Director of Parks and Recreation Schultz, Assistant City Administrator Foster, City Attorney LeFevere and Communication Coordinator Cox. The Pledge of Allegiance was said. ADDITIONS OR CORRECTION TO AGENDA City Administrator Johnson stated that an email received regarding item 7.a. Application for Off -Sale Intoxicating Liquor License, Supervalu Inc. d /b /a Cub Liquors was distributed to the City Council. Motion by Droste. Second by Shoe Corrigan. Motion to adopt the Agenda as stated. Ayes: 5 Nays: 0. Motion carved. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 21, 2009 DEPARTMENTAL REPORTS /BUSINESS 3.a. Volunteer Recognition Mayor Droste presented many volunteers with certificates commending their contributions to Rosemount. Motion by Droste. Second by DeBettignies. Motion for a five minute recess. Ayes: 5 Nays: 0. Motion carried. The meeting reconvened at 7:55 p.m. CONSENT AGENDA Council Member DeBettignies pulled items 6.e. Receive Donation Fire Department and 6.f. Receive Donations Parks Recreation Dept. for recognition. Motion by Weisensel. Second by Bills. Motion to approve the Consent Agenda excluding e. and f. a. Minutes of the March 18, 2009 City Council Special Meeting Proceedings b. Bills Listing c. Resignation of Fire Secretary 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 21, 2009 d. Ratification of Fire Department Appointments c. Rcccivc Donation Fire Department Rcccivc Donations Parks Recreation Dcpt. g. Expenditure Approval from the Donation Account Parks Recreation Dept. h. Enhanced Crosswalk Pavement Markings Downtown Area i. Schedule Public Hearing for Reassessment of Project Costs, City Project #387 (Resolution 2009 -22) j. Expenditure of Donation from Dakota Electric Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Motion carried. 6.e. Receive Donation Fire Department Council Member DeBettignies recognized the donation from O'Riley Auto Parts. Motion by DeBettignies. Second by Shoe Corrigan. Motion to accept the unsolicited donation of $200.00. Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies Nays: None. Motion carried. 6.f. Receive Donations Parks Recreation Dept. Council Member DeBettignies recognized the donations from the Rosemount Youth Hockey Boosters and CF Industries. Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve the following donations: $800.50 from the Rosemount Youth Hockey Booster to be used toward a new sound system in the Community Center Ice Arena; $200 from CF Industries for the Leprechaun Days Fishing Derby. Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan Nays: None. Motion caned. PUBLIC HEARING 7.a. Application for Off-Sale Intoxicating Liquor License, Supervalu Inc. d/b /a Cub Liquors City Clerk Domeier summarized the information provided within the staff report. Supervalu has held an Off -Sale 3.2% Malt Liquor License since opening Cub Foods in August, 2001. The liquor sales have been located within the Cub Foods building at 3784 150 Street West. With the issuance of the requested off -sale intoxicating liquor license the sales would be moved to the 3972 150 Street West location. Ms. Domeier added that per City Code no license shall be granted to a person who is directly or indirectly interested in any other establishment in the City to which a license has been issued. Therefore, the current off -sale license which expires June 30, 2009 will be relinquished with the opening of Cub Liquors. She stated Supervalu has anticipated opening the new off -sale Memorial Day weekend. 1 Mayor Droste opened the public hearing. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 21, 2009 Ann Theis represented Supervalu, Inc and stated that Cub Foods was looking forward to adding another service for their customers. Council Member Weisensel questioned the liquor policies that in place since receiving the liquor violation. The local store manager explained that when a liquor item is scanned it sends a prompt to the store manager to check the id of the customer. He added that every associate was trained on the regulations for liquor and tobacco. Apurva Patel, owner of Shenanigans, stated he previously sent an email to the City Council regarding the density of liquor licenses. He stated he did not oppose the fourth liquor license but opposed the density in the geographical area. Mr. Patel added that research shows that the density related to other alcohol related problems and he was concerned about the proximity between off -sale liquor stores in Rosemount. Sharon Watche, 2637 132n Ct. W., manager of Shenanigan's, stated she was concerned about the number of liquor stores in Rosemount and watching out for her livelihood. She did not want to lose customers or shrink the work force. David Marsh, 14835 Damask Avenue West, employee at Shenanigan's, stated he would rather see Cub Food only selling groceries. He opposed the license application as it would affect his livelihood. Mark Humbke, Danville Circle, employee of Rosemount Liquors, questioned why there wasn't a density ordinance in place to establish the distance between off -sale locations within Rosemount. He added that the issuance of a liquor license to Cub Foods would push an existing off -sale out of business. He added that Cub Foods should be forced to buy out a current liquor license in order to obtain a license. Rich Carlson, 1330 131st Street West, Rosemount, stated he did not feel there was a lack of choices in liquor stores. Sean Schumacher, 16935 Fairhaven Avenue, Lakeville, and local owner and manager of Rosemount stated this business was his livelihood. He reiterated that research was done by the U of M that proves that density of liquor stores and access to liquor stores undoubtedly increases DWIs, crime and violence. He submitted a petition with 375 opposing the issuance of a liquor license to Cub Foods. Brian Huber, employee of Shenanigans, questioned why the City Council would allow another off -sale to locate in Rosemount when it will cause one or two other locations to close. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 21, 2009 Mayor Droste held off on closing the public hearing. He turned the item back to the City Council for discussion and requested that Mr. Kalstabakken provided more information on the crime issues. Mr. Kalstabakken stated crime in Rosemount has been low over the past nine years. He provided the crime statistics in Rosemount since the last census. He stated that the change in the number of DUI arrests was due to the enforcement focus by officers. Mayor Droste questioned the data on arrests of individuals driving through town. Mr. Kalstabakken explained that the police do not track where an individual has been drinking. He added that just as many people from outside the community are arrested for drinking violations. Council Member Weisensel questioned what was considered a high crime area. Mr. Kalstabakken replied that there was no standard definition noting that comparing Rosemount to Minneapolis is not a fair comparison noting there were many differences between the communities. He added that the studies submitted by the local off -sale representatives were not consistent as many other factors may be bearing on the issues in the reports. Council Member Bills supported the free market but was concerned about competition if corporate industry was involved. He suggested allowing Cub Foods and wine and beer license option. City Clerk Domeier explained that currently Cub Foods holds a 3.2% Intoxicating Malt Liquor License which allows for the sale of 3.2% beer and malt based beverages such as wine coolers. Mayor Droste commented on the materials sent to the City Council. He provided history on the Rosemount liquor ordinance apportionment requirements and past discussions. He added that the information provided compared Rosemount to urban areas which are two different areas. Council Member Shoe Corrigan stated that liquor stores are one of the few commodities the City Council is allowed to regulate. She added that the City Council has taken the hands off approach and allowed the market to dictate the number of licenses. She also stated that the City Council works hard to bring in a variety of services and until the city grows she was not comfortable telling a business how to do their business. Council Member Shoe Corrigan thought that Cub Foods would not ask for a liquor license if they did not think it was profitable. City Attorney LeFevere stated that Cub Foods meets the requirements to obtain a liquor license. He added that it was the cleanest to have standards in the ordinance as part of the City Council using its authority to grant licenses. Mr. LeFevere explained that if the City Council would decide not to grant the license the findings would need to be based on factors that are reasonable and lawfully related to the furtherance of legitimate public purpose. He stated that the public purpose of liquor is the consumption not the protection of private owners and employees. He added that the public purpose is not enacted for protecting one business from another business. Mr. LeFevere encouraged the City Council to focus on the 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 21, 2009 reasons for the regulations of liquor and explained what it meant to be the licensing authority. Council Member Weisensel struggled with the City Council being asked to put one business against another because the market is very dynamic. He supported moving forward with staff's recommendation to issue the license. Another employee of Shenanigans commented that based upon the materials about St. Paul and Minneapolis that were submitted the City Council should reconsider an ordinance that includes distance requirements. He added that the City Council's job was to formulate the community to be well rounded and serve its residents. Charles Christ, owner of Rosemount Liquor, stated he tried to bring a U of M researcher to the meeting to provide comments on the materials submitted to the City Council. He requested that the City Council take additional time to make their determination. Apurva Patel requested that the City do additional research so they can make a conscious decision on the issue. Motion by Droste. Second by Shoe Corrigan. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. Council Member Shoe Corrigan stated she would support looking at the ordinance but she was not adverse to Cub Foods being allowed to grow its business. Discussion was held regarding the information provided to the City Council by local business owners. Mayor Droste stated that the studies talk about messages and signs and that the banners and signs should not be allowed in liquor stores. He expressed his concerns with the information provided about saturation and noted that the only time the City Council hears from local off -sale owners is when there is a violation or a new license pending. Council Member Shoe Corrigan stated it was not fair to put the proposed application on hold and did not want the information provided at the meeting to have any bearing on the application. Mayor Droste added that if the City Council was going to change the rules it should be done by ordinance. Mr. LeFevere added that it would be cleaner to have the standards within the ordinance instead of making decisions on a case by case basis. Council Member Bills stated that the ratios in other towns do not cause enough concern for him to stop Cub Foods from obtaining a liquor license. Council Member DeBettignies stated that in 2005 the City Council wanted to open up the free market in Rosemount. Motion by Shoe Corrigan. Second by Weisensel. Motion to approve the Off -Sale Intoxicating Liquor License for Supervalu Inc. d /b /a Cub Liquors for property located at 3792 150 Street West subject to 1 approval from the Minnesota Department of Public Safety and receiving the Certificate of Occupancy from the Chief Building Official. Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. ANNOUNCEMENTS City Administrator Johnson stated that Kraus Anderson informed staff that Health East will not become a tenant at the Genz Ryan site. Mayor Droste stated that the next regular meeting would be held on Tuesday, May 5 at 7:30 p.m. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS 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 9:26 p.m. Respectfully Submitted, Amy Domeier, City Clerk