HomeMy WebLinkAbout6.a Minutes of the April 7, 2009 Regular City Council Work Session ProceedingsROSEMOUNT CITY COUNCIL
REGULAR MEETING PROCEEDINGS
APRIL 7, 2009
CALL TO ORDER
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
held on Tuesday, April 7, 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 DeBettignies, Shoe
Corrigan, Weisensel and Bills attending. Also in attendance were City Administrator
Johnson, Community Development Director Lindquist, Finance Director May, City
Engineer Brotzler, Director of Parks and Recreation Schultz, Communications Coordinator
Cox, Chief of Police Kalstabakken, City Attorney LeFevere and City Clerk Domeier. The
Pledge of Allegiance was said.
ADDITIONS OR CORRECTIONS TO AGENDA
City Administrator Johnson stated that correspondence from Applebee's Restaurants
North's Attorney was provided for item 8.a. Liquor Violation Applebee's Restaurants
North, LLC dba Applebee's Neighborhood Bar and Grill. He also stated that a revised
resolution and PUD agreement were distributed for item 9.a. Request by Kraus Anderson
for an Amendment to the Planned Unit Development Agreement for South Robert
Commons to allow the building to be temporarily constructed to 12,168 square feet.
Motion by Droste. Second by DeBettignies.
Motion to adopt the agenda with additional information for the two items.
Ayes: 5
Nays: 0. Motion carried.
PUBLIC COMMENT
Maureen Geraghty Bouchard represented the Leprechaun Days Committee and provided an
update on proposed events for the July celebration.
DEPARTMENTAL REPORTS /BUSINESS
5.a. Dakota County MADD Recognition Award
Chief of Police Kalstabakken Representatives from MADD were in attendance to provide
more information about the program and to recognize the partnerships in fulfilling the goals
established by MADD. They also provided Mayor Droste will a plaque recognizing
Rosemount's efforts.
5.b. Arbor Day Proclamation
Parks and Recreation Director Schultz requested that the City Council approve a
proclamation naming May 2, 2009 as Arbor Day and the month of May as Arbor Month.
Mr. Schultz also provided information about the tree giveaway event at Central Park on
Arbor Day.
Motion by DeBettignies. Second by Shoe Corrigan
Motion by Weisensel. Second by Mark
Motion to approve the attached proclamation naming May 2, 2009 as Arbor Day
and the month of May as Arbor Month.
Ayes: 5
Nays: 0. Motion carried.
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REGULAR MEETING PROCEEDINGS
APRIL 7, 2009
CONSENT AGENDA
DeBettignies 6.d. Receive Donations Parks Recreation Dept. and 6.e. Expenditure
Approval from the Donation Account Parks Recreation Dept. pulled for recognition.
Motion to Approve the Consent Agenda with the exclusion of items d and e.
a. Minutes of the March 11, 2009 Regular City Council Work Session Proceedings
b. Bills Listing
c. Budget Amendments (Resolution 2009 -16)
d. Receive Donations Park3 Rccrcation Dcpt.
c. Expenditure Approval from the Donation Account Park3 Rccrcation Dcpt.
f. Receive Plans Specifications /Ratify Ad for Bid 2009 Street Improvements
Project, City Project #426 (Resolution 2009 -17)
g. Re- conveying Outlot B, White Lake Acres to the State of Minnesota and
Requesting the Dakota County Treasurer- Auditor to Sell the Property at Public
Auction (Resolution2009 -18)
Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills
Nays: None. Motion carried.
6.d. Receive Donations Parks Recreation Dept.
Council Member DeBettignies acknowledged the donations from MN Energy Resources
and the Rosemount Youth Hockey Boosters.
Motion by DeBettignies. Second by Shoe Corrigan
Motion to approve the following donations: $250 from MN Energy Resources to be
used for the Safety Camp program; and $180 from the Rosemount Youth Hockey
Boosters to be used for a baby changing station at the Community Center Ice Arena.
Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies
Nays: None. Motion carried.
6.e. Expenditure Approval from the Donation Account Parks Recreation Dept.
Council Member DeBettignies acknowledged the donations from the Lions Club of
Rosemount and Rosemount Youth Hockey Boosters.
Motion by DeBettignies. Second by Weisensel.
Motion to approve the donation expenditure of $1139.95 for supplies for the Spring
Egg Hunt event and $180.00 to be used for a baby changing station at the
Community Center as detailed on the attached donation revenue worksheets.
Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan
Nays: None. Motion carried.
PUBLIC HEARING
7.a. Off -Sale Liquor License Application FPW, LLC DBA MGM Liquors
Rosemount
City Clerk Domeier provided a summary of the staff report stating that Bill Kuether of
FPW, LLC applied for a liquor license. She explained that Mr. Kuether planned to open an
MGM off -sale in the current MGM Wine Spirits, Inc. located at 14865 South Robert Trail.
Based upon the background investigation conducted by the Police Department staff, Ms.
Domeier recommended approval of the liquor license effective April 7, 2009 through
December 31, 2009.
Mayor Droste opened the Public Hearing. No public comment was received.
Motion by Droste.
Second by Shoe Corrigan.
Motion to close the Public Hearing.
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Ayes: 5
Nays: 0. Motion carried.
Mr. Kuether provided brief statements on his work history in the liquor business.
Motion by DeBettignies. Second by Shoe Corrigan.
Motion to Approve an Off -Sale Liquor License for FPW, LLC DBA MGM Liquors
Rosemount for the premise located at 14865 South Robert Trail.
Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste
Nays: None. Motion carried.
7.b. Amendment to Shenanigan's Pub Class A and Special Sunday Liquor
License
City Clerk Domeier stated that because the licensed premise would include a patio area that a
liquor license amendment was required. Community Development Director Lindquist
provided more information about the site plan changes and drawings as provided in the staff
report. She referred to the narrative provided by Shenanigan's owner, Michael Herman,
which provided more information about the proposed patio.
Council Member Weisensel questioned the height of the fence and stated concerns about the
ability to hand drinks off to individuals passing by the patio. Ms. Lindquist stated that the
fence would be 42 inches high per building code. She explained that the fencing would be
similar in appearance to the patio fencing at Rudy's Redeye Grill. Council Member also
questioned the number of liquor violations that have occurred at the establishment. Chief of
Police Kalstabakken stated that the only offense was in 2007.
Council Member Shoe Corrigan questioned what type of materials would be used to build
the patio. Mike Hermann, owner of Shenanigan's Pub, stated that the patio would be
constructed out of interlocking brick pavers.
Mayor Droste inquired if the large transformer would stay on the east side of the building.
Mr. Herrmann replied that the transformer would stay but the larger tree and pine tree
would be removed and replaced.
Mayor Droste opened the Public Hearing. No public comment was received.
Motion by Droste. Second by DeBettignies.
Motion to close the Public Hearing.
Ayes: 5
Nays: 0. Motion carried.
Motion by Shoe Corrigan. Second by DeBettignies.
ROSEMOUNT CITY COUNCIL
REGULAR MEETING PROCEEDINGS
APRIL 7, 2009
Council Member Shoe Corrigan thanked Mr. Hermann for making an investment in the
Downtown noting he has a great location that will attract additional clientele. She added
that the patio will create a sense of vibrancy in the Downtown.
Council Member DeBettignies stated his appreciation for seeing the patio plan come to
fruition.
Motion to adopt a Resolution approving an amendment to Shenanigan's Pub Class
A On -Sale Liquor License and Special Sunday Liquor License subject to conditions.
Ayes: Bills, DeBettignies, Shoe Corrigan, Droste, Weisensel
Nays: None. Motion carried. (Resolution 2009 -19)
OLD BUSINESS
8.a. Liquor Violation Applebee's Restaurants North, LLC dba Applebee's
Neighborhood Bar and Grill
Chief of Police Kalstabakken provided a summary of the liquor violation that occurred on
April 24, 2008 along with the process for determining the penalty for the liquor license
violation. He also provided a summary of the hearing officer's findings.
Council Member DeBettignies questioned if the officers changed during the change from
AALP to ARN "Applebee's Restaurants North). Mr. Kalstabakken replied that the officers
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REGULAR MEETING PROCEEDINGS
APRIL 7, 2009
did not change just the owners. City Attorney LeFevere stated it has not been disputed that
a separate company owns Applebee's.
Kate Becker, the attorney for ARN; Robert Vaugn, Applebee's area director and Sumyiah
Artenson, local manager were present representing Applebee's. Ms. Becker explained that
the ownership changed entirely when the sale occurred that involved 60 Applebee's in
Minnesota. She added that the officer's have no ownership in Applebee's. She noted that
after the violation occurred the new owner took several voluntarily action as listed in the
staff report to implement new policies in the new company.
Ms. Becker stated that with the changes in policy there has been a 15% reduction in sales.
She asked the City Council to treat the violation as a first but should the City Council go
with staff's recommendation she would ask for a lesser suspension. Ms. Becker also stated
that should the City Council move forward with a suspension that Applebee's wanted to
serve the suspension immediately starting tomorrow.
Council Member Bills questioned who directed the new policy. Ms. Becker explained that
the direction came from the corporate office in Lenexa, Kansas after the violation occurred.
Council Member DeBettignies stated that when companies acquire another all liabilities are
accepted. He questioned the 15% reduction in sales. City Attorney LeFevere pointed out
that the reduction in sales was not part of the stipulated facts or record in the hearing
examiner results.
Mayor Droste questioned the process for checking customer identification. Mr. Vaughn
explained the process which included the requirement that a birth date be included on the
drink order or the drinks would not be served. Discussion was held that there was potential
to defeat the system in place. Ms. Becker explained that employees were retrained on how
to card customers.
Council Member Shoe Corrigan requested an outline on the code of penalties. Mr.
Kalstabakken explained that the past practice included the following: 1) first violation was a
$500 civil penalty; 2) the second violation included a $1,000 civil penalty with a three day
license suspension; and 3) the third violation included a $1,500 civil penalty with a 21 day
suspension which included 10 days served immediately with 11 days stayed for a 24 month
period.
Mr. Kalstabakken stated there has never been a dispute between City staff and ARN staff
that the steps taken after the violation were good steps. He explained that the difference in
opinion has been that ARN took on the assets and liabilities of the site along with the entire
operations. He added that Ms. Becker has minimized the hearing officer's excerpts in the
second recommendation of the report. Ms. Becker stated that the change in ownership was
only an asset sale. Council Member DeBettignies stated that ARN acquired the liabilities
when they kept the same employees and that there are always liabilities in business
transactions. Mr. Kalstabakken added that the background investigations conducted on the
corporate officers and local manager were the same for both entities.
Council Member Shoe Corrigan pointed out that even though the City has set previous
penalties for first, second and third violations it was still within their purview to look at
circumstance outside of previous penalties. She recognized that Applebee's made changes
and has been a big contributor to community events but stated that appropriate
consequences must be in place for protecting the citizenry. She added that she supported
staff's recommendation. Ms. Becker stated that ARN preferred to serve the suspension in
consecutive days starting tomorrow because Easter weekend is typically slow.
Council Member DeBettignies stated that ARN took creditable steps in their processes after
receiving their last violation. He suggested only a seven day suspension with 14 days stayed
along with a $1,500 fine. Council Member Bills questioned the average daily revenue in
liquor sales. Mr. Vaughn replied that typical day is about $4,000 in sales with $800 being
from the sale of alcohol. He stated that with the license suspension they will average less in
sales because most patrons want a alcoholic beverage with their meal. Council Member
Weisensel suggested a higher fine with less suspension being cognizant of the employees
who work at the restaurant. He recommended a $2,000 penalty with three, five or seven
days of suspension.
Council Member Bills suggested that the restaurant partner with the local high school and do
a mock car crash. City Attorney LeFevere raised concerns with working out the consent
decree based on a donation. Mr. Kalstabakken added that police departments have been
reprimanded in the past for requiring a donation in lieu of a fine.
Mayor Droste proposed a $2,000 fine with five days of suspension and 16 days stayed.
Council Member Weisensel agreed with the Mayor's suggestion. Council Member Shoe
Corrigan stated that she would not support that recommendation. She further stated that
the carding policy Applebee's has in place was not instituted until after the violation and that
the penalty should be suspending the license not imposing a bigger fine. Council Member
Shoe Corrigan suggested a $1,500 fine with eight days of suspension and 13 days stayed.
Council Member Bills agreed with staffs original recommendation of a $1,500 fine and 10
days suspension with 11 days stayed.
Motion by DeBettignies. Second by Droste.
ROSEMOUNT CITY COUNCIL
REGULAR MEETING PROCEEDINGS
APRIL 7, 2009
Motion to adopt a resolution imposing civil penalties on Applebee's Restaurants
North, LLC for a violation of liquor regulations on April 24, 2008 with a penalty of
$2,000 and five days suspension starting tomorrow with 16 days stayed to be served
upon a violation in 24 months.
Ayes: DeBettignies, Droste, Weisensel
Nays: Shoe Corrigan, Bills. Motion carried. (Resolution 2009 -20)
Mr. LeFevere stated that a new resolution would be drafted but that the suspension would
start on April 8 for five consecutive days.
Motion by DeBettignies. Second by Weisensel.
ROSEMOUNT CITY COUNCIL
REGULAR MEETING PROCEEDINGS
APRIL 7, 2009
NEW BUSINESS
9.a. Request by Kraus Anderson for an Amendment to the Planned Unit
Development Agreement for South Robert Commons to allow the building to be
temporarily constructed to 12,168 square feet, Case 09- 08 -AMD
Community Development Director Lindquist summarized the information provided in the
staff report. Kraus Anderson requested minor amendment to the PUD for the Genz Ryan
site due to their bank's refusal to finance the entire building with only a lease from Health
East. Ms. Lindquist provided two options for the City Council to consider for ensuring the
proposed building size plan was only a temporary situation as outlined in the staff report.
Council Member Weisensel questioned the type of brick that would be used on the
temporary wall. Matt Alexander, representing Kraus Anderson, replied that their intent was
to use a full brick. He added that the goal was to have the temporary wall torn down before
the five year period. Council Member Weisensel also questioned if Kraus Anderson tried
using a different bank to receive the financing. Mr. Anderson stated that Kraus Anderson
went to several banks but that banks were not allowing loans for speculative building.
Council Member Shoe Corrigan stated she supported the resolution but wanted to have the
brick added in two years if the second building was not constructed. She was concerned
about protecting the City and wanted the wall installed sooner. Mayor Droste thought the
five year expectation was reasonable. Mr. Alexander stated that Kraus Anderson has owned
all of their real estate since the 1950's.
Motion to adopt a Resolution approving a Minor Amendment to the South Robert
Commons (Phase 1) Planned Unit Development Agreement for Kraus Anderson,
Inc.
Ayes: Shoe Corrigan, Droste, Weisensel, Bills, DeBettignies
Nays: None. Motion carried. (Resolution 2009 -21)
Motion by DeBettignies. Second by Weisensel.
Motion to approve the First Amendment to the South Robert Commons (Phase 1)
Planned Unit Development Agreement and authorize the Mayor and City Clerk to
enter into the Agreement.
Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan
Nays: None. Motion carried.
9.b. Approve goals for 2009 -2010
City Administrator Johnson provided a history on the meetings and compilation of the City
Council goals. Council Member Weisensel stated that the challenge will be to determine
timing of meeting the goals as some of the goals can be attained immediately and others will
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be completed over a period of time. It was requested that the last bullet item under Growth,
Outcomes be changed by removing the word "exceed
Motion by Weisensel. Second by Bills.
Motion to approve the proposed goals for 2009 -2010
Communication
Implement purposeful conversation strategies with the public and private
organizations fostering actions and results to educate, promote, involve, sustain and
strengthen the community.
Outcomes
Initiate business newsletter
Maintain business electronic mail list
Visit at least 50 businesses
Update new resident booklet
Increase citizen engagement by holding at least three town hall meetings
Link City services to other community groups
Efficiency /Services
Provide exceptional City services at a cost -value proposition supported by the
citizens.
Outcomes
Update Emergency Operations Plan
Continue to decrease City tax burden
Expand long range financial planning
Maximize grant opportunities
Continue planning for senior programs and facilities
Begin citywide performance measurement of City services
Partnerships
Combine focus and resources with cooperating local and regional governmental
agencies, businesses and civic organizations to develop common cultural and
economic opportunities.
Outcomes
Improve transit services and facilities by developing a downtown park and
ride lot and improving routes to Minneapolis
Partner with neighboring cities, Dakota County and the metro region on
economic development marketing
Continue to establish partnerships with civic and non -profit organizations
Infrastructure /Facilities
Increase the value and extend the useful life of the City's physical structures, parks,
utility systems and similar assets.
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Outcomes
Establish future uses for the former St Joe's Church Campus and plan
building renovation
Create a new athletic complex in cooperation with UMore Park and DCTC
Investigate opportunities to add recreational facilities and other amenities
Growth
Ensure balanced community and economic development offering residents a safe
and well- planned neighborhood environment in which to live, work, shop and play.
Outcomes
Finalize 2030 Comprehensive Guide Plan
Investigate development of at least one shovel ready commercial /industrial
opportunity with private development partner(s)
Update and enhance community information database
Pre -plan access and development options for key commercial and industrial
sites
Continue to participate in studies and plans for UMore property
Enhance Parks Master Plan with more study of athletic field needs
Develop plan to meet 2030 job growth projections
Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste
Nays: None. Motion carried.
ANNOUNCEMENTS
Mayor Droste reviewed the upcoming calendar of events. The next City Council regular
meeting will be held on 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 adjoumed at 9:43 p.m.
Respectfully submitted,
Amy Domeier, City Clerk