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