HomeMy WebLinkAbout6.b. Minutes of the November 16, 2010 Special Meeting ProceedingsROSEMOUNT CITY COUNCIL
SPECIAL MEETING PROCEEDINGS
NOVEMBER 16, 2010
CALL TO ORDER
Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was held
on Tuesday, November 16, 2010 at 8:25 p.m. in the Council Chambers of City Hall, 2875 145t
Street West, Rosemount.
Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan,
Weisensel and Bills attending. Staff present included City Administrator Johnson, Chief of Police
Kalstabakken, City Clerk Domeier and City Attorney Tietjen.
ADMINISTRATIVE HEARING
2.a. Appeal of Solicitor License
Chief of Police Kalstabakken provided background on the investigation of the solicitor license. He
provided a thorough background on the investigation conducted in association with the appellant.
Mr. Kalstabakken added that currently four solicitors from Frontline Marketing are licensed to
conduct business in Rosemount. He stated that the appellant, Daniel C. Smith, was denied a license
under City Code 3 -5 -6 (B) due to his criminal history.
Mr. Kalstabakken acknowledged the appellant's basis for the appeal. He pointed out that the
solicitor's license issued to Mr. Smith in 2009 was in error. He added that Mr. Smith's work history
in 2009 showed no complaints in Rosemount. However, Mr. Kalstabakken did not agree with Mr.
Smith's claim that Frontline Marketing should not be required to have a solicitor's license. He stated
that Frontline Marketing is not selling a regular service in Rosemount nor does Frontline Marketing
provide the service.
City Attorney Tietjen provided an explanation of the Criminal Offender's Rehabilitation Act under
Minnesota Statutes, Chapter 364. Under the Act, no person shall be disqualified from pursuing any
occupation for which a license is required solely, or in part, because of a prior conviction of crimes
unless the crimes directly related to the position of employment sought. She stated that if the City
Council determines that the convictions of Mr. Smith are related that a denial may be issued.
However, after consideration the City Council decides that they want to approve the license they
should direct staff to move forward with the issuance of the license.
Daniel C. Smith addressed the council. He requested that the license be approved as listed in his
appeal letter. He agreed that he made mistakes in his past but had no recent convictions under law.
Mr. Smith provided background on both cases that were part of his criminal history. After
providing information on his treatment, listing other cities where he has received a license, and being
able to perform his duties he felt justified in receiving a license. Aaron Goings, a representative of
Frontline Marketing, provided background on the hiring of Mr. Smith. Frontline Marketing was
aware of the criminal background. Mr. Goings stated he has spoke with one of the victim's parents
and the parent did not feel that Mr. Smith should be denied employment for the previous case. Mr.
Goings also spoke with a prosecutor for one of the cases and noted that some of the charges were
dropped. He added that since August 4, 2009 when Mr. Smith began employment no complaints
against him have been received. Mr. Goings provided further information on the background check
conducted by Frontline Marketing. Mr. Kalstabakken pointed out that while the first incident as
described by Mr. Smith added up that Mr. Smith downplayed the charges brought against him in on
the incidents. He read the police report out loud that stated Mr. Smith was more emotional in his
comments to a victim then what he stated to the City Council. Mr. Smith explained why he took a
deal o the case.
ROSEMOUNT CITY COUNCIL
SPECIAL MEETING PROCEEDINGS
NOVEMBER 16, 2010
Council Member Weisensel questioned what other cities denied Mr. Smith a license. Mr. Smith said
he was never denied a license. He added that he served his probation without violation and
attended anger management classes. Mr. Kalstabakken stated that Mr. Smith told staff he was
denied a solicitor's license in Apple Valley.
Mayor Droste questioned the relationship of the crime to the license sought. Ms. Tietjen responded
that the City Council should determine if the crimes committed relate to the activities involved in
the licensed position. Council Member Shoe Corrigan felt Mr. Smith was not a threat and that the
incidents involved people he knows very well.
Council Member Weisensel stated that two wrongs did not make a right and therefore he would not
support the appeal. Council Member DeBettignies believed that Mr. Smith provided evidence of his
crime rehabilitation and could support the issuance. Council Member Bills concurred with Mr.
DeBettignies.
Further discussion was held on the revocation process for a solicitor's license. Mr. Goings
understood that the any mistake by a representative would cost Frontline Marketing a permit.
Motion by DeBettignies. Second by Bills.
Motion to reverse denial of license to Mr. Daniel Smith and direct staff to issue the license
to Mr. Smith.
Council Member Bills stated to Mr. Goings that Frontline Marketing was putting their guy and
company reputation on the table at this point.
Ayes: DeBettignies, Shoe Corrigan, Droste, Bills
Nays: Weisensel. Motion carried.
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 9:35 p.m.
Respectfully Submitted,
Amy Domeier, City Clerk