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HomeMy WebLinkAbout2009/07/07 CCM - SWSCITY OF ROSEMOUNT SPECIAL WORK SESSION PROCEEDINGS JULY 7, 2009 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on July 7, 2009, at 8:55p.m. in the Conference Room at City Hall, 2875 145 Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Bills and Weisensel attending. Council member Shoe Corrigan was absent. Staff members present included Police Chief Kalstabakken, Community Development Director Lindquist, Senior Planner Zweber, City Administrator Johnson, and Recording Secretary Hanson. DISCUSSION 2.A. City Code 3 -1 -12 Outdoor Patio and Decks Use Conditions Licensed Liquor Establishments Police Chief Kalstabakken explained that the current conditions for outdoor patios and decks at licensed liquor establishments were adopted in December 2007. Included in these conditions was the prohibition of music being played on outdoor patios. Recent events involving music being played at Carbone's and Rudy's Redeye Grill has required staff and the City Council to re- examine the ordinance and discuss whether or not music should remain prohibited. Chief Kalstabakken stated that owners of Carbone's, and Rudy's Redeye Grill were invited to the meeting. Owners, Dave Landgrebe and Jim Shandorf of Carbone's were present. Mayor Droste mentioned that there have been issues involving the outdoor patios with the condominiums and apartments behind them. Chief Kalstabakken stated he recently contacted the manager of the Rosemount Plaza Apartments and she informed him that the residents would like the music restricted to no later than 9:OOp.m., Sunday through Thursday, and 10:OOp.m., on Fridays and Saturdays. The residents view those time restrictions as a compromise to allow for the residents' desire for quiet and the business's desire to draw patrons. Mayor Droste stated that a bar atmosphere is different from an eating atmosphere and that there should be differentiation in the ordinance. Community Development Director Lindquist stated there are currently two types of licensing available for bars and restaurants. Chief Kalstabakken noted that at some point in the evening /night all restaurants with liquor service are more a bar setting than restaurant. It was noted that the outdoor patio ordinance has gone through several changes since the smoking ban was established. Council member DeBettignies stated his opinion that regulating the sound of music on the patios by decibels would be too difficult and a discussion took place on how the level of sound could be regulated within the ordinance. Mr. Landgrebe from Carbone's stated that since receiving the complaint in April, they have installed a new sound system that is easier to regulate. He stated that they did not know it was against the ordinance to have music or sports played at a low level on the patio. Chief Kalstabakken stated that while Carbone's has received only one complaint in the ten months they have been open, during only half of those ten months were people on the patio. He suggested using a common sense approach and have a police officer stand at the 1 1 1 CITY OF ROSEMOUNT SPECIAL WORK SESSION PROCEEDINGS JULY 7, 2009 property line to determine if the music is too loud. A discussion took place on possibly allowing music on a temporary basis over the remainder of the summer, monitoring any complaints received, and discussing the ordinance in more detail over the winter. Chief Kalstabakken stated he would check with the City Attorney to see if music could be temporarily allowed when it is currently prohibited in the ordinance. It was decided that music would be temporarily allowed during the summer on a trial basis at the liquor establishments with patios until 9:OOp.m., Sunday through Thursday, and until 10:OOp.m., Friday and Saturday. 2.B. Business License for Dance Clubs Chris Rekstad, Skylar Rekstad and Christy Rekstad were present at the meeting. Senior Planner Zweber requested the Council discuss the different issues associated with the proposed issuance of a business license and the specific details to be included in the draft ordinance. Definition: Mayor Droste asked if the definition of dance club is reserved only for minors. Mr. Zweber replied that age requirements are discussed later in the ordinance separate from the definition. However, he stated if the club also has a liquor license, then a dance club license would not be required because of regulations already imposed under the liquor license. A discussion took place on how to regulate different age groups attending the club and their curfews with the use of wrist bands. Background Check: Council member Bills asked the applicant whether or not employees working at the club with minors will be required to have background checks and the applicant replied that it is not required. Lighting: Mr. Zweber explained that there is a requirement proposed in the ordinance of a minimum level of lighting. Skylar Rekstad noted the importance of adequate lighting but requested the ability to be able to conduct a light show and still meet the city lighting regulations. A discussion took place on the comparable night clubs in the metro area including the Stargate Nightclub in Maplewood; the Myth in Maplewood; and 3 Degrees in Minneapolis. Mayor Droste also mentioned the Garage in Burnsville is managed by their Parks and Recreation Department and is only open 3:00- 8:OOp.m. for kids to go to after school. Age of Attendees: Skylar Rekstad stated they will have a magnetic scanner that will scan IDs to validate the age of the attendee. They do not want to allow 21 year olds that may wander in from the area bars. Hours and Days of Operation: Mr. Zweber asked the Council if 2:00a.m. is a reasonable time for a dance club establishment to stay open and mentioned that not all businesses in the area that have liquor licenses have the special 2:00a.m. license. Council member Bills replied that by 2:00a.m., the 16 -17 year olds will be gone and the remaining 18 -20 year olds are old enough to serve in the military; therefore he would be in favor of 2:00a.m. Christy Rekstad CITY OF ROSEMOUNT SPECIAL WORK SESSION PROCEEDINGS JULY 7, 2009 stated they would like the flexibility to stay open later on special holidays. Mr. Zweber stated it may be possible to set up a special permit they could apply for in order to stay open later or open earlier on special days. A discussion took place on how it would affect the other businesses sharing the parking lot if the nightclub was allowed to open earlier in the day. Council member Weisensel stated he was in favor of the second alternative language provided by staff, stating that days of operation may be limited as determined necessary by the City Council. Prohibition of Alcohol, Illegal and Illicit Activity: A discussion took place on the nudity and sexual activity clause and how it would be difficult to regulate the dance activity of teenagers. Skylar Rekstad stated that while he understands that parents may want to enter the premises to obtain their children, he stated there needs to be some way established to verify that the people are actually the parents of the children and not someone only posing as a parent. He feels there is a safety issue allowing just anyone to enter the club. It was suggested having the child paged over the intercom while the parent waits in the entry way, giving staff the ability to ask the child to identify the person asking for them. Security: Mr. Zweber explained that the example of 1 security person to 25 attendees mentioned in the staff report is not what staff proposes. He stated that staff proposes leaving the number up to the discretion of the City Council when the license is issued based on other details of the business such as the layout of the business. Council member Weisensel stated there should be some overlaps in security provided. Police Calls: Mr. Zweber stated staff proposes an allowance of three police calls in a one year period concerning assault, disturbances or alcohol violations and then the City Council would have the opportunity to review the business license for possible revocation. Skylar Rekstad stated that he wants to fully cooperate with the City and police and would like to be able to report incidents of alcohol to the police himself without having the violation go against him. He stated he feels three calls in a 12 month period is too low a number. Mr. Zweber clarified that this restriction does not require the Council to revoke the license but allows them to review the license to possibly work out solutions to cure any potential problems. Mr. Zweber stated the first reading of the draft ordinance will be at the City Council meeting on July 21, 2009, with a second reading in August. Council member DeBettignies stated his main concern with the Rekstad proposal is the lighting and security in the parking lot. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Bills. The meeting was adjourned at 11:12p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary