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03/13/2012 - City Council SpecialMINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 13, 2012 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, City Planner Ridley, City Clerk Scipioni, ECC Fitness Coordinator Grange, Director of Communications Garrison, and Director of Parks and Recreation Seydell Johnson. I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. RESTAURANT DEFINITIONS AND ALCOHOL LICENSING City Administrator Hedges stated that in December, the City Council directed City Staff to review on -sale alcohol licensing requirements in light of three restaurants failing to meet the requirement in City Code that at least 50 percent of their gross profits are derived from the sale of food. Hedges added that as the staff reviewed the history of on -sale alcohol licensing requirements and the practices of neighboring cities, it became apparent there was a need to review the review the restaurant definitions in Chapter 5 (Alcohol Licensing) and Chapter 11 (Zoning), given the evolution of the restaurant's service models. Assistant City Administrator Miller provided an overview of the public policy questions before the City Council. City Planner Ridley highlighted the proposed changes to the Chapter 11 restaurant definitions. City Clerk Scipioni summarized the Chapter 5 traditional and casual restaurant definition options, as well as food service requirement options. There was City Council consensus to proceed with an ordinance amendment to amend the restaurant definitions of Chapter 11 (Zoning) & Chapter 5 (Licensing) as proposed. The City Council discussed the 50% food service requirements and options for addressing the issue. There was City Council consensus to remove the 50% food service requirement from the City Code and to prepare an ordinance amendment accordingly. IV. REVIEW PROPOSED 2012 PRECINCT BOUNDARIES Special City Council Minutes March 13, 2012 Page 2 City Administrator Hedges stated that the proposed 2012 precinct boundaries are in response to the redistricting that occurred at the State level, and that the City is required to take formal action to establish its precincts by April 3, 2012. City Clerk Scipioni highlighted the draft 2012 proposed changes to precincts and voting locations, noting that the new legislative boundaries necessitated a change to 15 of Eagan's precincts and, with the locations of available polling places, made it necessary to decrease the total number of polling places from 21 to 20. Scipioni noted that boundaries may follow school district boundaries, but that two precincts split by a school district must use a naming convention to indicate this relationship, such as 5A and 5B. The City Council discussed the statutory requirement and need of the A and B designations. There was also discussion of the necessity for clearly communicating the polling places, in addition to what the County provides. Per City Council direction, the proposed 2012 precinct boundaries will be placed under New Business at the City Council meeting on March 20, 2012. V. HEALTHY AND ACTIVE LIVING RESOLUTION City Administrator Hedges introduced the item, noting that the City had been approached with a request to adopt a "Healthy Community Resolution." Hedges noted that the Council had referred the matter to the Advisory Parks Commission for research and recommendation. Hedges introduced Laurie Halverson, Chairperson of the Advisory Parks and Recreation Commission, and Director of Parks and Recreation Seydell Johnson. Chairperson Halverson introduced and summarized the Healthy Eating and Active Living Community Resolution. The City Council discussed the proposed resolution. There was discussion regarding how the resolution can be customized to recognize and validate what the City is already doing to promote a healthy community. Discussion continued regarding existing partnerships and grants received for similar activities, such as Marketfest. Twin Cities Obesity Prevention Coalition Project Coordinator, Jennifer Anderson, commented on the proposed resolution. There was City Council consensus for staff to make revisions to the proposed resolution to be brought back to the City Council for review and consideration at an April City Council meeting. The City Council recessed at 7:16 P.M. The meeting resumed at 7:28 P.M. VI. CABLE FRANCHISE AGREEMENTS 101 City Administrator Hedges introduced the item, noting no formal action is requested; rather, guidance on several public policy questions is sought. Hedges noted that in January, the City of Eagan received a franchise renewal request letter from Comcast, officially opening the 3 -year renewal window. Special City Council Minutes March 13, 2012 Page 3 Communications Director Garrison introduced attorney Brian Grogan of Moss & Barnett, who provided a power point presentation further introducing the cable franchise renewal process. Grogan discussed the formal and informal processes for renewal, the needs assessment, franchise fee, PEG (Public, Educational and Governmental) fee, the renewal work plan, the PEG needs assessment, and the length of agreement. Director Garrison introduced the cable franchise public policy questions, which were discussed by the Council. The City Council directed Director Garrison and Attorney Grogan serve as the negotiating team and that the team would report to the Council's Finance Committee, who would report back to the City Council as a whole. The Council requested that they be kept apprised of the PEG needs assessment and negotiations. There was City Council consensus that a full spectrum of consultants and resources should be considered as the renewal process moves ahead, provided direction is given by the City Council at the appropriate times in the process. Director Garrison and Attorney Grogan reviewed the reporting frequency for the negotiating team to the Council. There was consensus that the team should report one more time possibly during summer 2012 regarding the work plan. There was no Other Business. VII. OTHER BUSINESS VIII. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn at 8:18 p.m. Aye: 5 Nay: 0 q - -n cs Date llke ��G Mayor City Clerk