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12/12/1972 - City Council SpecialtiIPNTES OF SPECIAL PIEETIiJG OF COUNCIL VILLAGE OF EAGAN, DAI:OTA COUNTY, T•IINNESOTA December 12, 1972 A special meeting of the Council, Village of Eagan, Dakota County, Tiinnesota, was held at 7:00 P.P•i., December 12, 1972, at the Village Hall. All Council members were present. Mayor Polzin announced that the principal purpose of the meeting according to the mailed notice was to discuss and review a second draft of the Liquor Ordinance PIo. 42, Non-Into.Y3,catisg Liquor Ordinance No. 43 and Tavern Ordinance No. 44. Owners or representatives of all five present liquor licensees in the Village under the Dakota County Ordinance were present at the meeting. The Village Attorney and members of the Council together ~•rith inter- ested persons present reviewed numerous parts of the drafts and the following changes and revisions were made: 1. In both Ordinance No. 42 and Ordinance No. 43 applicants for new or renewal licenses who have been convicted of a felony or gross misdemeanor on the premises during the previous five years would be ineligible for a new license or renewal license. 2. A provision will be added that no on sale and off sale liquor would be permitted oa the same premises under Section 42.18. 3. Upon motion by Councilman Smith and seconded by Councilman F)achter, it was RESQLVED,t pursuant to Section 42.08, Subd. 3 „ that the ~F I~~et Council be, and it hereby is, on record permitting pa~.::nent for on sale license fees to be made in two equal installments in advance on or before December 31st and June 30th of each license year. 4. Upon motion by Councilman Wachter, seconded Councilman P.ahn, it was RESOLVED that under 42.04, Subd. 3., Liability Insurance, that public liability insurance be required with limits of $100,000 to $300,004 but that liquor liability coverage limits not be required; however, liquor liability coverage is required and the amount to be left to the discretion of the licen- see with proof that a policy is in effect be given to the Village Clerk. All members voted in favor. 5. Under Section 42.14, Subd. 2., upon motion by Councilman t]achter, seconded Councilman Smith, all members voting in favor, it was RESOLVED that the consumption provision as to customers be retained for 30 minutes after clos- ing time but that employees may consume for one hour after closing time and that proof that the person is an employee must be shown upon request of official Village personnel. 6. Upon motion by Councilman Smith, seconded Councilman 4lachter, it was RESOLVED that the provision dealing with gross investment, 42.04, Subd. 1(3) be amended to read as follows: The amount of the gross investment in the real property. For new applications assessor's market value may be used where there is an existing building. 7. Upon motion by Councilman Smith, seconded Councilman Rydrych, all members voting in favor, it was recommended that a non-discrimination clause as to owners, customers, employees and licensees be inserted in both Ordinance No. 42 and No. 43. 8. As to Section 42.06, Subd. 2., it was decided to strike the section. 9. The definition of tavern license under 42.01, Subd. 12., was stricken after-motion by Councilman Smith and seconded Councilman P.ydrych and further that under Section 42.21, Subd. l., be amended in certain respects to include dancing and live entertainment. 10. Upon motion by Mayor Polzin, seconded Councilman Rydrych, it was -2- RESOLVED that Ordinance No. 42, Liquor Ordinance, be adopted as amended with the foregoing amendments as the official liquor ordinance for the Village. All members voted in favor. It was understood that a re-draft will be submitted to the current licensees and the Council members for final review and that publi- cation of the ordinance be made on December 2~, 1972. The Council then reviewed Ordinance No. 43, the Non-Intoxicating Liquor Ordinance, and the following action was taken: 1. Section 43.1Oy Subd. 15., to be added to provide that it would be unlawful to possess intoxicating liquor on the premises licensed for on sale non-intoxicating liquor. 2. Other changes to conform with the Liquor Ordinance would relate to felony and misdemeanor convictions for new license applicants and renewal licenses and further that employees be permitted to consume within one hour after closing time similar to Ordinance No. 42. 3. Upon motion by Councilman t•7achter, seconded Councilman Rahn, all members voting in favor, it was P.~SOLVED that the Ordinance No. 43, Non- Intoxicating Liquor Ordinance, be, and it hereby is, approved including the above amendments and that the ordinance be published on December 2S, 1972. Upon motion by Councilman Rydrych, seconded Councilman [7achter, all members voting in favor, it was RESOLVED that Tavern Ordinance No. 44 be, and it hereby is, approved as drafted and ordered published. The Council then reviewed proposed salary revisions for supervisory personnel in the Utility Department. After discussion, upon motion by Council- man Smith, seconded Councilman t~7achter, all members voting in favor, the salary of Dale Peterson be, and it hereby is, revised according to the schedule attached to these minutes to be effective January 1, 1973. Upon motion by Mayor Polzin, seconded Councilman Rahn, it was -3- RESOLVED that the title of ~,obert Shoctcley be changed to Assistant Superinten- dent of the Utility Department with his dunes to remain the same. All members voted in favor, Upam motion by Councilman Smith, seconded Councilman Rahn, all mem- bers voting in favor, it was RESOLVED that the monthly salary of L~,Tilliam Branch as Superintendent of the Utility Department be, and it hereby is, increased effective January 1, 1973, according to the schedule- attached to these minutes. Chief Martin DesLauriers and Patrolman Peter Popgler appeared with the proposed Police Department budget and operating procedurea inclluding salary and benefit revisions for Police Department members. Upon motion by Councilman Rydryeh, seconded Councilman P.ahn, all members voting in favor, it caas RESOLVED that the proposed Police Department budget and operating procedure submitted by the Police Department be, and it hereby is, approved, but that a 15 day vaca- tion period commence after ten years service rather than after five years service as proposed in the budget.. Upon further motion by Councilman P.ydrych, seconded Mayor Polzin, it was RESOLVED that preliminary approval be given to the proposal adding personnel including two new part-time ,additions in Nla;:ch and August, 1973. All members voted in favor. Upon motion by Councilman 47achter, seconded Councilman Rydrych, it was RESOLVED that the Police Chief's salary be, and it hereby is, rev~.sed effective January 1, 1973, according to the revised schedule attached to these minutes. All members voted in favor. Upon motion the meeting adSour±zed. Dated: December 12, 1972 ~~, ~'-- ~~~~~-~- •4-