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HomeMy WebLinkAbout6.a. Minutes of February 20, 2001 Regular City Councilf ROSEMOUNT CITY PROCEEDINGS �? REGULAR MEETING FEBRUARY 20, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, February 20, 2001, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Klassen, Cisewski, Riley, and Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, Police Chief Kalstabakken, and Engineering Consultant Weiss. Community Development Director Parsons opened the meeting with the Pledge of Allegiance. There were no additions to the agenda. There was no Response to Public Comment. Public Comment Steve Casey, 15455 Danville Avenue, stated his displeasure with the Streetscape project on Highway 3. Casey contacted the Minnesota Department of Transportation (MnDOT) to understand the benefit of having driveway closures onto Highway 3. A representative from MnDOT explained that projects are rated for improvements and the number of people affected by that and the benefit to them. The higher the rating the more consideration of if and how much money MnDOT will contribute to the project. Closing driveways was considered a benefit and received higher ratings. Casey noted that closing driveways showed a lack of consideration by the City for the downtown businesses. Casey said this project does not have the support of the community. Casey requested that his letter be made part of the record. City Clerk Jentink will attach it to the permanent record, Clerk's File 2001 -07. Sarah Dostle, 14605 South Robert Trail, Manager of Shenanigans, commented on tonight's amendments to the city code liquor policy. Police Chief Kalstabakken contacted her today about these changes. Dostle said she did not have enough time to respond. Dostle felt that the $2000 fine for selling to minors was excessive, it should be a graduated fine. The "after hours" changes seemed to restrict special breakfast meetings such as the Lions Club or Rotary Club might have. Rish Mohabir, CEO of Rosemount Liquor, 3395 Upper 147' Street, has been a resident for 30 years. Mohabir was against the city code liquor amendments. Mohabir said the $2000 fine was punitive, he would support a graduated fine process. His liquor store makes strong efforts to follow the law. Mohabir wished to have participation in an) amendments and encouraged input from local businesses. DEPARTMENT HEADS REPORTS: Stormwater Management Plan Update Engineering Consultant Bret Weiss noted that because Rosemount had rolling terrain, providing positive outlets to the City's numerous ponds is very expensive. Financial analysis of how these improvements will be funded will require policy changes and the Stormwater Management Plan should be updated to address this and format a plan to improve the current ponding problems. The Utilities Commission recommended moving forward with this update. Council Member Klassen asked if specific problems would be looked at? "Yes ", Weiss commented, 1 ROSEMOUNT CITY PROCEEDINGS It REGULAR MEETING FEBRUARY 20, 2001 "these problem areas will be evaluated." Mayor Busho noted that the Utilities Commission will be working with Springsted Inc., an accounting firm, to determine funding possibilities. Weiss noted that this will be the largest expenditure the city will have in the coming years. MOTION by Edwards to approve the work plan as adopted (with WSB & Associates; Inc.) and authorize the expenditure of funds from the Storm Sewer Utility or Core Fund. Second by Klassen. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried. Consent Agenda Council Member Cisewski pulled Consent Agenda Item 6.a. Minutes of February 6, 2001 and Council Member Riley pulled Item 6. f. Approve Project'Order Plans & Specs T.H. 3, Street & Utility Improvements, City Project 318, for discussion. MOTION by Edwards to approve the Consent Agenda removing Item 6.a. and f. for discussion. Second by Cisewski. Ayes: Busho, Riley, Edwards, Klassen. Cisewski. Nays: None. Motion carried. a. Minutes of February 6, 2001 Regular City Council Meeting (Pulled for discussion) b. Bills Listing c. Fee Amendments Resolution d. City Code Amendments for Clarification of Parking/Storage e. Amendment to Title 5, Section 5 -4 -1 Composting f. Approve Project/Order Plans & Specs T.H. 3. Street & ]Utility Improvements, CP 318(Pulled for discussion) g. Receive Feasibility Report/Approve Project/Order Plans & Spec. Section 31 Sanitary Sewer Improvements, Phase 2, City Project 317 6.a. Minutes of February 6 2001 Regular City Council Meetings Council Member Cisewski referred to page five of the minutes noting a fee for window replacement at 447.50 which should read $47.50. City Clerk Jentink acknowledged the needed correction. MOTION by Klassen to amend the minutes of February 6. 2001 with the corrected figure of $47.50 on page five. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. 6.f. Approve Project/Order Plans & Specs T.H. 3 Street & 1 tility Improvements City Project 318 Council Member Riley stated she was uncomfortable moving forward with City Project 318, the streetscape for Highway 3 between 145 Street and Lower 147' Street. Riley stated strong concerns because of the lack of support of businesses along Highway 3 and believes the City should focus on being pro- active in getting new businesses to the downtown area first. Riley noted that the timing is wrong for this project. 1) I ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2001 MOTION by Riley to table City Project 318 for further discussion at a work session. The motion died due to lack of a second. MOTION by Edwards to adopt A RESOLUTION APPROVING THE PROJECT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS (COUNTY ROAD 42 TO 145 STREET WEST), CITY PROJECT 318. Second by Klassen. Ares: Klassen, Cisewski, Busho, Edwards. Nays: Riley. Motion carried. PUBLIC HEARING: Application for On -Sale Intoxicating Liquor License and Sunday Liquor License by Barmans Hospitality Group Inc. "Celts" 14520 South Robert Trail Mayor Busho explained the Public Hearing process which begins N«th an overview, then questions from Council and audience, then the Public Hearing is opened for public comment. The public hearing is then closed and City Council discusses what was presented. The City Clerk indicated that the affidavits of published and posted notice were on file. City Clerk Jentink presented information regarding Brandon and Kimberly Barth's application for on -sale liquor licenses at 14520 South Robert Trail. All fees have been paid. Police Chief Kalstabakken did a background check of both owners and found no cause for denial. The insurance is pending approval of the liquor license. The building will be remodeled and so it is suggested that the license also be pending a Certificate of Occupancy from the Building Official. Brandon Barth introduced himself and his wife, Kimberly. They lire at 8349 Delaney Circle, Inver Grove Heights, Minnesota. The name "Celts" was taken from the Irish craftsmen and warriors of 800 B.C. who often lived in castles. So, the decor would be woodwork and rock much like a castle. It would have Irish cuisine, including breakfast on Saturdays and Sundays. The kitchen and bathrooms would be updated. Barth plans to support the local youth and community groups. Barth reviewed the current use of the parking lots and the number of available spaces at different times of the day, concluding that the mixed uses of the buildings allows enough parking to accommodate this new business. Council Member Edwards reminded Barth of the 51 % food sales required for this liquor license. Steve Nielsen, owns the building at 14520 South Robert Trail. Mike O'Rourke maintains the parking lots and the cost is split between three owners. Nielsen noted that it has been very nice working with this young couple (Barths) and he felt they would be a good addition to the downtown businesses. Mayor Busho opened the Public Hearing for audience input. Michael Palmer, 2682 Upper 138`" Street West, manages Pizza Man. Palmer has known the Barths for two years and found them to be good friends and enthusiastic about their new restaurant. Palmer helps support the high school and youth teams and Barths have indicated they are willing to help also. Celts has a good location and the traditional Irish theme is a good idea. Palmer supports the approval of the liquor licenses. 3 ROSEMOUNT CITY PROCEEDINGS 1 REGULAR MEETING FEBRUARY 20, 2001 MOTION by Edwards to close the public hearing for Application for On -Sale Intoxicating Liquor License and Sunday Liquor License by Barmans Hospitality Group Inc., "Celts ", 14520 South Robert Trail. Second by Klassen. Ayes: Five. Nays: None. Motion carried. Council Member Klassen stated her support of Celts restaurant and found no reason for denial. Council Member Edwards said he could support this although he has some concerns for the restrictions of the 51 % food sales. Council Member Cisewski stated she supported Celts and looked forward to breakfast at an Irish castle, but she did have some concerns on the availability of parking. City Attorney LeFevere noted a case in Brooklyn Center that would not allow carry-out chicken to be counted toward the 51 % food sales or have food sales count when liquor is not sold. MOTION by Klassen to approve an On -Sale Liquor License and Special Sunday Liquor License to Barman's Hospitality Group, Inc. for Celts Restaurant, at 14520 South Robert Trail beginning March 1, 2001 pending insurance and a Certificate of Occupancy for the restaurant. Second by Riley. Ayes: Busho, Riley, Edwards, Klassen. Cisewski. Nays: None. Motion carried. Ordinance B Amendments Regulating Outdoor Storage and Parking Community Development Director Parsons presented amendments to the Zoning Code Ordinance B to regulate common violations. City Council discussed this at a City Council Committee of the Whole and Planning Commission held a public hearing at which there were no public comments made. Council discussed considering seasonal permission to leave recreational vehicles out in ones driveway and the ability to tie the storage of construction materials to building permits. City Administrator Burt noted that many smaller construction jobs do not require a building permit so this would not cover everything. Consensus « to approve the amendments as presented and consider refinements at another time. Mayor Busho read the title of each amendment: 1) An Ordinance Relating to Outdoor Parking and Outdoor Storage; Amending Rosemount Ordinance B Sections 3.2, 4.9, 6.5 and 6.6; 2) An Ordinance relating to Driveways; Amending Rosemount Ordinance B Section 8.1 by Adding new Paragraph `1.: 3) An Ordinance Relating to Driveways, Amending Rosemount Ordinance B Section 8.1.G. MOTION by Klassen to adopt three zoning ordinance amendments that amend sections 3.2, 4.9, 6.5, 6.6, and 8.1. Second by Cisewski. Ares: Five. Nays: None. Motion carried. Application for a Cable Communications Franchise City Administrator Burt noted that legal counsel has addressed this cable franchise process. The policy is in place and a $20,000 deposit is required with the application and a public hearing must be held one week from the application deadline. Contractor Property Developers Company (CPDC) has submitted a letter of intent to obtain a limited area cable franchise. Craig Rapp represented CPDC and explained its desire to pro integrated telecommunications services to the Evermoor 51 f ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2001 area of Rosemount. The Utilities Commission recommended that the City Council open the application process for a competitive overbuild. Council Member Klassen remembered the City looking into limited franchise and there wasn't enough saturation to warrant the investment. Klassen did not see the need for this. Attorney LeFevere noted that this is "new ground". the rules have not been written for this yet. If only the "best" part of the city is claimed, then what will be left for the other parts of the city? Economic factors are not determined at this time. The process of a public hearing may bring this kind of information up. Mayor Busho noted that Charter Communication may have an interest in this. Edwards also noted that the full ramifications for cable , phone, and internet is not understood at this time. Craig Rapp noted that this infrastructure of fiber optics is critical to the data services Evermoor wishes to provide. CPDC wants to follow city policies and wants to be on the cutting edge of technology as well. Rapp noted they would also like to connect to the surrounding schools. Rapp requested Council to follow the Utilities Commission recommendation to call for the public hearing. Maureen Studeny, 8631 Bernard Path, Inver Grove Heights, Minnesota, is planning to buy a home in Evermoor. Studeny noted how her children need the computer for rewards and education. She and her husband also use the computer for their work. Studeny wants to hook several computers together to use a common printer, FAX, and use new technology. The high speed cable will benefit their home and work. Attorney LeFevere suggested adding 7.j. to the public notice as follows: If the applicant posses to serve a limited area, would it have a negative affect on the rest of the City? Mayor Busho noted it was her goal to have the entire community covered by cable. MOTION by Riley to authorize staff to move forward to gather more information on limited cable franchise, discuss this at a work session, and then proceed with the public hearing process. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Amendment to City Code 3 -1 Liquor Regulations Police Chief Kalstabakken presented changes to the City Code Section 3 -1, Liquor Regulations. This is the first reading, input will be taken, and then a final draft will be presented to City Council at a following meeting. Minnesota State law is adopted by reference in our City Code. State law now allows for up to a $2000 fine and suspension of liquor license for 60 days or revoking the license for violations of state law or ordinances related to liquor regulations. The language in 3 -1 -8 F. is for clarifying the presence of non - employees on licensed premises outside of the time that liquor sales are permitted. Some minor changes were suggested by City Council. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2001 Attorney LeFevere noted that the fine for liquor law violations is due 15 days following the City Councils imposition of it. This would likely be many days from the time of the violation. LeFevere also noted that the non - employees on premises is actually a relaxing of the current Code. Mayor Busho directed staff to return the liquor amendments at a subsequent City Council meeting.. Set Interview Dates for Commission Interviews City Clerk Jentink presented the six applicants for commission openings. Council discussed keeping the application period open for commission positions until prior to the interview date. Cisewski reminded council to review the policy on member selection prior to the meeting. MOTION by Busho to set a special meeting for the purpose of commission interviews on March 24'', at 9:00 a.m. until completed. Second by Riley. Ares: Five. Nays: None. Motion carried. Announcements Mayor Busho noted the next regular City Council meeting is March 6, 2001. Busho noted that Council Member Edwards was congratulated at a recent Koch Petroleum Board meeting for catching the computer "hackers" at the community college through his secular job. Congratulations. Mayor Busho adjourned the meeting at 9:37 p.m. Respectfully submitted, Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2001 -07. 0