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11/07/1996 - City Council Special • MINUTES OF A SPECIAL MEETING OF THE 00395 EAGAN CITY COUNCIL EAGAN, MINNESOTA November 7, 1996 A special meeting of the Eagan City Council was held on Thursday, November 7, 1996 at 5:00 p.m., at the Eagan Municipal Center Building. Present were Mayor Egan and City Councilmembers Awada, Hunter and Masin. City Councilmember Wachter was absent. Also present were Director of Finance VanOverbeke, Director of Public Works Colbert, Superintendent of Utilities Schwanz, Director of Parks and Recreation Vraa and City Administrator Hedges. VISITORS TO BE HEARD There were no visitors to be heard. CANVASS OF BALLOTS/MUNICIPAL ELECTION Director of Finance/City Clerk VanOverbeke presented the results of the municipal portion of the general election which declares Bea Blomquist 9,601 votes and Sandra Masin 8,015 votes as being elected to four year terms. He stated that Shawn Hunter received 7,310, Paul Bakken 6,241, Mark Miller 4,297 and Ron Hanson 3,643. Mr. VanOverbeke further stated that 72% of the registered voters voted in the general election. There was general discussion covering the number of voters actually casting ballots compared to the number who do not vote for particular offices. In official action with a motion by City Councilmember Awada, seconded by City Councilmember Hunter, with all members voting in favor, the results of the 1996 municipal portion of the general election for two City Council seats were approved. • REGULATIONS FOR DISTRIBUTION OF ON-SALE LIQUOR LICENSES City Administrator Hedges stated that the City Code provides regulatory language for the distribution of 18 on-sale liquor licenses. He stated that with the additional eight approved as a result of special legislation, Council direction is necessary to determine how those licenses should be distributed, i.e. hotels, restaurants with a valuation of$350,000, or other restaurants. Mayor Egan stated that there should not be a concentration of licenses in one area such as the Promenade. Director of Finance/City Clerk VanOverbeke stated that the present special legislation approving the eight additional licenses will always guarantee eight additional licenses above the normal statutory allocation of licenses which is currently 18 and will more than likely be increased to 24 with the federal census in the year 2000. Al Baker appeared and stated that he has had a conversation with the liquor control commissioner who has stated that it was not his intent to issue the additional licenses forever. He further explained that the law was written to help a growth community to reach the next census when the number automatically changes by statute. Mr. Baker sated that in his opinion, which appears to be shared by the State Liquor Control Commissioner, the number of licenses should be reduced once the City reaches the new allocation in the year 2000. Director of Finance VanOverbeke stated that if the eight are reduced at the next census, the total number of licenses could be reduced as a result of that action. After further discussion, City Councilmember Masin stated that she would support three licenses for hotels. City Councilmember Awada stated that the City should not regulate the distribution of licenses, allowing the licenses to be granted according to demand. She further stated that the regulation relating to the $350,000 valuation should be removed from the City Code and again reiterated her position that on-sale liquor licenses should be issued on a first come first served basis. City Councilmember Hunter stated that he would support withholding four licenses for hotels, omitting the legislation relative to the $350,000 valuation and designating all other licenses in the category of restaurants. Doron Jensen, owner of Jensen's Supper Club,was present and stated that there is a difference between the issuance of on-sale liquor for a large bar with no food and a restaurant that serves on-sale liquor. Director of Finance VanOverbeke stated that the City Code does not allow a bar/lounge without a restaurant under current Special City Council Meeting Minutes November 7, 1996/Page 2 0039 • language. City Councilmember Awada stated that she would support language to eliminate that restriction and allow the free market place to determine the type of establishment. City Councilmember Hunter and Mayor Egan stated that they could not agree with allowing on-sale liquor licenses to be issued to establishments that promote only bar/lounge and no family restaurant opportunities. City Councilmember Masin stated that she does not want an applicant to be issued a license that is not used and suggested a reasonable time frame such as two years. After further discussion, and in a motion by City Councilmember Awada, seconded by Councilmember Hunter with all members voting in favor, the City Attorney's office was directed to prepare an ordinance amendment that amends the City Code to distribute three licenses for hotels and all remaining 23 licenses would be designated as restaurants and, further, that no license could be held for more than two years if the license is not used. Jennifer Hearon, representing the Dakota County Chamber of Commerce, stated that liquor proprietors have raised concerns about local hotels serving liquor during wedding receptions and other events without a proper license. Mr. Al Baker, representing Al Bakers Restaurant, raised several concerns regarding language in the City Code which appears to be unnecessary and/or out dated. City Administrator Hedges stated that it might be appropriate to consider a task force comprised of on-sale liquor license holders and the City Clerk to review issues presented by Mr. Baker. The City Council agreed that the code change to the distribution and the comprehensive review could take place in two phases. Mr. Baker asked the City Council what the direction will be for the number of licenses in the future. He further stated that the 26 licenses could be totally consumed in the next year, stating examples of how that could occur. His question to the City Council is how would they respond to the saturation of licenses. City Councilmember Awada stated that she would pursue special legislation for more licenses. Mr. Baker asked who the licenses are for? Mayor Egan stated that on-sale liquor licenses are issued to serve the community not the developers. City Councilmember Awada further stated that government should not dictate the number of liquor establishments, no different than gas stations. Representatives of on-sale liquor license establishments including Chills, LaFonda, Jensen's, Richard's, Cherokee Sirloin and Al Bakers were present and provided a number of reasons as to why liquor licenses are different than gas stations and other businesses, suggesting that the City Council should provide some limits on the number of licenses. General discussion followed regarding the free market philosophy versus the more regulatory approach to the issuance of on-sale liquor licenses. PUBLIC ENTERPRISE FUND BUDGET/CIVIC ARENA City Administrator Hedges provided introductory comments regarding the overall enterprise fund budget. Director of Parks and Recreation Vraa presented the Civic Arena budget, stating that the City should finish with a positive cash flow balance in its first year of operation. City Councilmember Awada stated that the community should be made aware of this information and proposed that an article be prepared for the City's newsletter, newspaper and the reader board. Director of Parks and Recreation Vraa stated that the budget was prepared with two scenarios for operation, including 1)adding a summer ice program from June 15 through the month of July or 2) keeping dry floor from early May until August. City Administrator Hedges stated that his budget proposes the addition of summer ice which will provide additional operating funds. He further stated that the arts and craft show, home and garden and other dry floor events. After reviewing the Civic Arena budget, there was a consensus by the City Council that the option for summer ice programs from June 15 through July be approved. PUBLIC ENTERPRISE FUND OPERATING BUDGET/SEWER AND WATER UTILITY City Administrator Hedges stated that there is a recommendation for a full-time Engineering Technician position that will help develop/maintain the GIS system and create new data support interface between the GIS and Hanson software for the water utility. He further stated that this work has been Special City Council Meeting Minutes November 7, 1996/Page 3 003,97 i coordinated by part-time/seasonal, however, to maintain the amount of infrastructure in the 34 square mile community, there is a need for continuity and more resource allocation. The City Administrator stated that, again, the use of part-time seasonal help to support both the water and sanitary sewer operations is included in the operating budget. Director of Public Works Colbert stated that there is an overall decrease proposed in the water and sewer utility budgets. He stated that in order to compare the 1996 operating budget with the proposed 1997 budget for water and sewer utilities, the $1.5 million reservoir proposed for the Cliff Road Trunk Highway 3 quadrant needs to be considered as a one time major capital expense. The Director of Public Works reviewed several line item accounts stating that in many cases the budget will decrease such as the expenditure for distribution parts, gate valves, hydrants, insurance, electricity which also is proposed to decrease and a significant decrease of $146,700 is proposed for the Seneca Treatment disposal charges. The main increases are for certain repairs proposed in the water utility and for sewer service repairs. He further stated that included is the proposed replacement/renewal for the Highview Avenue sanitary sewer main lining and repair, further eliminating infiltration, in the amount of$35,000 and the repair of the Widgeon Way lift station in the amount of$35,000. City Councilmember Masin asked about the cost for copying maps and other utility engineering related data that was identified in the budget. Director of Public Works Colbert stated that with the availability of the GIS application, there is more request for data by developers, contractors and in some cases which require an appropriate fee schedule. PUBLIC ENTERPRISE FUND OPERATING BUDGET/STREETLIGHTING • City Administrator Hedges stated that the streetlighting budget reflects primarily the cost of energy for neighborhood lights, community intersection lights and certain traffic lights. He stated that the overall budget is proposed as a decrease at $13,200 from the 1996 budget. Director of Public Works Colbert stated that he has had recent discussions with Dakota Electric regarding a maintenance program for streetlighting fixtures. After some elaboration on the program, City Councilmembers expressed their appreciation for pursuing the most cost effective method for maintaining streetlighting. PUBLIC ENTERPRISE FUND OPERATING BUDGET/STORM DRAINAGE/WATER QUALITY City Administrator Hedges stated that the operating budget for storm drainage/water quality was prepared based on the criteria the City Council established in 1995 that allocated service fees to 70% operations, 10%renewal and replacement and 20%expansion modification with the understanding that CIP expenditures in 2001 and beyond are placed on as pay as you go basis. Director of Parks and Recreation Vraa reviewed the proposed operating budget, stating that the proposed budget for 1997 is slightly less than projected a year ago when detailed water quality was considered by the Council. He stated there are no additional personnel requested for water quality. Director of Parks and Recreation Vraa provided a brief review of the operations budget and projects proposed under renewal and replacement and expansion modification for 1997. PROPOSED FIVE YEAR CIP (1997 - 2001)/STORM WATER UTILITY Director of Parks and Recreation Vraa provided an explanation for the proposed five year CIP for storm water utility, stating that the total budget is estimated at$1,347,500, which includes$357,500 of expansion/modification for conveyance, $805,000 of expansion/modification for water quality and $225,000 for renewal and replacement of the existing system. Mr. Vraa provided a more detailed • explanation for the water quality improvements under expansion/modification proposed in 1997. He stated that Fish Lake alum injection, Pond JP15 bypass, Schwanz Lake access, Fish Lake outlet reconstruction and wetlands bank land acquisition are all capital projects proposed at $225,000. Special City Council Meeting Minutes 00398 November 7, 1996/Page 4 • PROPOSED FIVE YEAR CIP (1997 - 2001) STREETS/HIGHWAYS Director of Public Works Colbert stated that there are four improvements proposed as a part of the collector and arterial CIP which include 1) Lone Oak Road (1997), Dodd Road (1998), Yankee Doodle Road extension (1998) and Pilot Knob Road/I 35E (2001). He further stated that the total for collector and arterial improvements for the five years is$7,485,600, a portion of which is funded by Special Assessments to adjacent benefitting properties. PROPOSED FIVE YEAR CIP (1997 - 2001) OTHER TRANSPORTATION IMPROVEMENTS Director of Public Works Colbert reviewed the categories for local street improvements which include reconstruction, resurface/replace, overlay and urban upgrade. He further stated that urban upgrade is a category that pertains basically to gravel, unimproved and/or rural street sections that need full construction to bring it up to urban standards. He also provided a review of the street sealcoat program which is funded by a general fund contribution of$50,000 per year and the difference being the full responsibility of the major street fund. Director of Public Works Colbert also reviewed the CIP program for upgrading signal lights at major intersections. He reviewed projects proposed at Diffley and Rahn in 1997 (study only), TH 13 at Blackhawk Road in 1998, TH 149 at Lone Oak Parkway in 1999, and Lexington/Wescott which is programmed in the"future"category. He stated that the Dakota County five year CIP has programmed the intersection for reconsideration in 1997, based on the warrants and evaluation of preventable accidents. • The Director of Public Works also stated that lower priority signals will not be approved by the County until this intersection's deficiencies have been corrected with signalization. City Councilmember Masin stated that she is pleased that the Diffley at Rahn signal study is proposed for 1997. Director of Public Works Colbert provided a brief review of those streetlights proposed for installation at major intersections, reminding the Council that this portion of the CIP does not include local residential neighborhood lights or continuous streetlighting within any particular area or along any corridor. He stated that the streetlighting that is proposed is based on an inventory of needs along collector and arterial streets. PROPOSED FIVE YEAR CIP (1997 - 2001) WATER AND SEWER UTILITIES Director of Public Works Colbert reviewed the CIP for water/trunk distribution, water operations and facilities, sanitary sewer trunk conveyance, sanitary sewer facility and operations and storm sewer trunk conveyance. He stated that many of the major CIP elements pertain to trunk water main installations and a one million gallon stand pipe water tower associated with the Inver Grove Heights joint powers agreement. City Administrator Hedges stated that this concludes the presentations for the Public Enterprise Fund Operating Budget and proposed five year CIP Part III. He further stated that Part I and Part II and park expansion under Part III, for the five year CIP will be presented at the November 21 special City Council workshop. OTHER BUSINESS • There were no items for consideration under Other Business. Special City Council Meeting Minutes November 7, 1996/Page 5 0a3 • EXECUTIVE SESSION The City Council did adjourn to an executive session to provide direction to the City Administrator regarding union negotiations with the Police Dispatch unit. The meeting was adjourned at 8:30 p.m. TLH November 7, 1996 Dated City Clerk • •