Loading...
HomeMy WebLinkAbout2009/07/21 CCM - RM ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS TUESDAY, JULY 21, 2009 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, July 21, 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 Bills, DeBettignies, Shoe Corrigan and Weisensel attending. Staff members present included City Administrator Johnson, City Clerk Domeier, Director of Parks and Recreation Schultz, Chief of Police Kalstabakken, Director of Public Works /City Engineer Brotzler, Assistant City Administrator Foster, Senior Planner 2-weber and City Attorney LeFevere. Mayor Droste issued a statement on behalf of the Rosemount City Council expressing both sorrow and gratitude for the sacrifice of one of our families, the loved ones of Army Ranger Ben Kopp. Kopp died of injuries sustained on duty in Afghanistan. Following a moment of silence, the Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated that additional lighting standards were provided for item 9.a. First Reading of the Arcade Parlor, Billiard Hall, and Dance Club Business License Ordinance. Motion by Droste. Second by DeBettignies. Motion to adopt the Agenda with the additional information for 9.a. Ayes: 5 Nays: 0. Motion carried. PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGEMENTS 3.a. Receive Donation Parks and Recreation Dept. The City Council recognized the donation from Life Center Wellness to be used for the Ground Pounders event. Motion by DeBettignies. Second by Weisensel. Motion to approve the following donation: $1,500 from Life Wellness Center for the Ground Pounders event. Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Motion carried. CONSENT AGENDA Motion by Shoe Corrigan. Second by Weisensel. Motion to approve the Consent Agenda. a. Bills Listing b. Temporary Outside On -Sale Liquor License Rosemount VFW ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS TUESDAY, JULY 21, 2009 c. Traffic Safety Grant Resolution (Resolution 2009 -32) d. Expenditure Approval from the Donation Account Parks Recreation Dept. e. Final Payment #8 2008 Street Improvements Project, City Project #418 f. Authorize Preparation of Plans and Specifications 2009 Glendalough Glendalough 2n Additions, City Project #427 (Resolution 2009 -33) g. Request the Dakota County Board of Commissioners to place a conservation easement over the tax forfeit property on White Lake as a condition of public sale (Resolution 2009 -34) Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies Nays: None. Motion carried. NEW BUSINESS 9.a. First Reading of the Arcade Parlor, Billiard Hall, and Dance Club Business License Ordinance Senior Planner Zweber stated that the City received an application for a dance club in the former Big Daddy's and Irish Loon spaces in Downtown Rosemount. He provided a summary of the information provided in the staff report. He requested that the City Council hold a first reading of the ordinance, recommend any changes to the ordinance, and schedule a second reading for August 3, 2009. Council Member Bills questioned the background checks. Police Chief Kalstabakken explained the factors for determining the fee for the background checks. He also stated that Minnesota Statute allows the employer to have the employees submit to a background check conducted by the state. Mr. Kalstabakken added that the City Council could require that as part of the ordinance the business participate in that program. Mayor Droste questioned the recommendation of Mr. Kalstabakken. Mr. Kalstabakken replied that because the nature of the business would be providing services to teenage groups he believed it would be good practice to include the background check requirement. Council Member Weisensel questioned the places ineligible for a license based upon the distance from schools and churches. Mr. Zweber explained that it was a carry over from the liquor ordinance requirements. Staff determined the distance requirement was necessary based upon the type of business that would be regulated. Council Member Weisensel expressed concern with the lighting requirements and limitations to light shows. Mr. Zweber explained that it was staff's intent that enough lighting would be required so that the security staff could recognize faces and activities in a crowd. He added that staff did not want to be too ambiguous that the requirement would not be enforceable. Discussion was also held regarding the exterior lighting. Mr. Zweber stated that the outdoor lighting issues are related to the land use and could be addressed in the CUP conditions. Council Member Shoe Corrigan questioned the parking requirements. Mr. Zweber stated that staff considered the standards in City ordinance for restaurants and retail spaces. He added that the reason for including parking in this ordinance was to limit how many occupants an establishment can have based upon the amount of parking spaces available. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS TUESDAY, JULY 21, 2009 Mayor Droste allowed for 10 minutes of public comment. Sue Dugan, a Rosemount resident, referred to a Star Tribune article. She was concerned about the amount of underage drinking that occurs with the 18 and over dance clubs. She was against the dance club and believed it would cause more problems than good in a community. Tim Judy, 15621 Cornell Trail, Rosemount, understood the previous concerns but stated with the correct security patrons can be turned away. He compared it to any entertainment in the City where teenagers attend. Skylar Rekstad was concerned about police call provision that was included in the ordinance. His intent is not to bring trouble into the community or create a place that is not safe. Mr. Rekstad requested that the City Council and staff and take a look at other areas where police calls are generated such as schools and gas stations where kids are located. He was concerned that three calls was not a fair number. Kathy Klonecky, 15621 Cornell Trail, Rosemount, questioned the $175 fee to change the licenses and expressed concern about the start-up and background fees. She stated that noise in the Downtown was not an issue for her as there is music by the high school as well. Mr. Kalstabakken explained that the only call that counts as a strike against a business would mean that an activity occurred which caused the Police Department to issue a report. He added that the reputation of the business will develop quickly and if standards are set high to begin with that should curtail any future problems. He provided comparable police call information and the types of calls received. City Attorney LeFevere did not view the provision as only three calls were allowed. The City Council would review the license and would need to have grounds to revoke the license. He further explained how a license could be revoked. Council Member Bills was concerned about a transfer of ownership after a number of violations have been issued. Mr. LeFevere explained the application and change in ownership process. Council Member Shoe Corrigan stated that the license costs are not profit making devices for the City. Mr. Kalstabakken stated that staff time for the initial background along with the cost to monitor and administer the license is considered when determining the fee. Mayor Droste stated that modifications to the lighting standards will be addressed at the second reading on August 3. Mr. Zweber clarified that the City Council direction was to have employers complete background investigation on future employees. The City Council favored having the additional background check as a requirement. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS TUESDAY, JULY 21, 2009 Motion by DeBettignies. Second by Weisensel. Motion to hold the first reading of the ordinance and schedule the second reading of the Ordinance for August 3, 2009. Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan Nays: None. Motion carried. 9.b. Revocation of franchise issued to FTTH Communications, LLC City Administrator Johnson provided a summary of the staff report. He requested that the City Council consider approving a resolution that would revoke the cable franchise issued to FTTH Communications, LLC, effective October 19, 2009. Clyde Ahlquist, attorney for FTTH Communications, LLC and Kevin Kawell, General Manager of FTTH Communications, addressed the City Council. Mr. Ahlquist stated the issues were related to economics. According to his office the franchise fees through May have been paid and a check will be issued soon for the June fees. Mr. Ahlquist stated FTTH's desire to continue providing the services to Rosemount and other communities serviced by FTTH. He requested that action on this item be tabled so we can continue to seek suitors for the company. He noted that regardless of whether the action was tabled, that FTTH would continue the customer services during a transition. Mr. Kawell apologized about the finances are not in place to get the job done. He asked the City Council to consider their track record with customers when making the decision. Mr. Johnson stated that FTTH currently provides three services in Rosemount. The franchise with the City only includes the cable TV portion. He added that most of the services are only provided to the Evermoor area residents. Council Member Shoe Corrigan questioned the revocation proceedings. City Attorney LeFevere stated that the action of the City Council is not irrevocable. The City Council may choose to rescind the action or renegotiate the timeline if deemed necessary. Mayor Droste stated his frustrations with the project since 2002. Council Member DeBettignies stated that the 90 day timeline was sufficient. Council Member Weisensel was disappointed with the process. Motion by DeBettignies. Second by Shoe Corrigan. Motion to Approve a resolution revoking the cable franchise issued to FTTH Communications, LLC effective October 19, 2009. Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. (Resolution 2009 -35) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS TUESDAY, JULY 21, 2009 9.c. Charlie's Park Tennis Courts Director of Parks and Recreation Schultz provided a summary of the staff report. The City and School District 196 have been discussing two new tennis courts at Charlie's Park. The property where the two courts currently exist is owned by the District as part of the Elementary and Middle School campuses. Both existing courts are maintained and managed by the City. Council Member Weisensel questioned if a porous pavement could be used for the courts. Mr. Schultz replied that tennis courts are not usually built with that type of material. Council Member Bills questioned the removal of trees. Mr. Schultz stated that it was estimated that only one tree would be lost. A brief discussion was held regarding the design process for the project including the location of benches and a shelter. Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve Ayes: Bills, DeBettignies, Shoe Corrigan, Droste, Weisensel Nays: None. Motion carried. ANNOUCNEMENTS Mayor Droste reviewed the calendar of events. The next City Council meeting will be held on Monday, August 3, 2009 at 7:30 p.m. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by Bills, the meeting was adjourned at 9:18 p.m. Respectfully submitted, Amy Domeier, City Clerk