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02/10/2009 - City Council SpecialAGENDA SPECIAL CITY COUNCIL MEETING TUESDAY, FEBRUARY 10, 2009 5:30 P.M. EAGAN ROOM-EAGAN MUNICIPAL CENTER I. ROLL CALL AND ADOPTION OF THE AGENDA J II. REVIEW LIQUOR LICENSE SEPARATION REQUIREMENTS Q III. DISCUSS OPTIONS FOR CIVIC ARENA WEST FLOOR ~.3~IV. REVIEW 2009-2010 CITY GOALS V. OTHER BUSINESS VI. VISITORS TO BE HEARD VII. ADJOURNMENT Agenda Information Memo February 10, 2009, Special Eagan City Council Meeting II. REVIEW LIQUOR LICENSE SEPARATION REQUIREMENTS ACTION TO BE CONSIDERED: To review background information, public policy considerations, and provide direction to staff for any desired next steps. FACTS: Separation from protected uses: • At the November 6, 2008 regular meeting, after approving an ordinance amendment removing the setback requirements from protected uses in connection with the licensing of off-sale malt liquor (beer) establishments, the City Council directed staff to research all other liquor licensing separation requirements for further discussion at a future work session. • The research has been completed and outlined in the attached memo. The conclusions are generally as follows: o Current separation requirements are in place to provide separation between particular land uses. They do not address limits on the number of licenses or on the overall geographical location of licensed establishments. o There appears to be no written documentation as to why the requirements are in place at this time. o As the community ages and properties are developed and redeveloped or reused, the expectations for compatible uses seem to change or evolve. o Surveyed communities have spacing requirements similar to Eagan, although actual application of the requirements is hard to ascertain. Off-sale liquor license regulation: • Since staff has not been directed by the City Council to undertake any additional research or to provide any additional information, the topic of limiting the number of off-sale liquor licenses was not researched or considered beyond what is included in the memo to City Administrator Hedges and to the preparation of the table showing the timing of issuance of licenses to current holders. The table referenced in the previous bullet shows that most of the license holders expressing the concerns at this time were issued licenses after the 2004/2005 moratorium and study at which time the City Council determined that no limitations on the number of off-sale liquor licenses would be put in place. Please note that this table is not a complete historical review of all of the license holders. • Due to the concern expressed by current off-sale liquor license holders of being excluded from notice etc., they have been notified of the special meeting. The background material they have presented to the City is included in the packet attachments. ATTACHMENTS: • Enclosed on pages ~ through ~ is a copy of a memo to City Administrator Hedges providing background material on separation requirements between special uses (liquor licenses) and protected uses. • Enclosed on pages ~ through ~ is a copy of the table and related minutes showing the timing of issuance of off-sale liquor licenses to current license holders. • Enclosed on pages ~ through is a copy of the material the City has received regarding the concerns of curren off-sale liquor license holders and/or residents. • Enclosed on pages ~ through are copies of the newspaper articles related to this matter that were printed in the papers on Friday, February 6. a -='~~ • ~It of ~a a~ ~e~o Y ~ To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Director of Community Development Hohenstein Date: February 5, 2009 Subject: Liquor License Separation Requirements Project Purpose and Parameters At the November 6, 2008 regular City Council meeting official action was taken to approve an ordinance amendment removing the setback requirements from special uses in connection with the licensing of Off-Sale Malt Liquor (Beer) establishments. The Council concluded that the amendment was in order because Off-Sale Beer sales are substantially similar and incidental to the sale of groceries and other products at the licensed facilities. At the same meeting the City Council directed staff to research all other liquor licensing separation requirements for further discussion at a future work session to determine whether the separations for the other liquor license categories remain appropriate or should be modified. By way of framing the review and discussion, the following should be noted: 1. The terms "special uses" and "protected uses" have occasionally been used interchangeably; however, in this case, "special use" is intended to mean the use that is to be separated from "protected uses". In this case, the special uses are the various types of liquor licenses and the protected uses are churches, schools, and day care centers. 2. Special use separations are currently applied to liquor licenses and 24 hour business operations. (Adult use separations are greater than those for the special uses and they are spelled out in the Adult Use ordinance.) 3. Consistent interpretation of written spacing requirements has been problematic over the years in the following circumstances, consequently there have been periodic City Code changes to address the unique circumstances: a. Straight zoning versus planned developments. The Code permits modifications of the separation requirements when the special use and protected use are in the same zoning district within a planned development. b. Sequence of the establishment of the uses. I.e, does it make a difference if the protected use independently chooses to locate in a specific site after the liquor establishment is already there and the spacing requirement is subsequently not met? Past practice has been to require the separation when a special use is proposed in proximity to a protected use, but not to apply the requirement when a protected use is proposed within the separation distance from a licensed liquor establishment. c. Is the measurement taken from the actual building, the space within a building (strip center) or the property line? The current separation in the zoning code ordinance runs from the property line of the protected use to the wall of the licensed facility if all activity is inside the building and to the parking lot boundary if any activity is outside the building. i.e. patio. However, the separation in the licensing chapter refers to the day care structure, school structure or church structure. Application of standard separations and points of measurement between •most special uses and protected uses. In an effort to simplify and standardize the special use separations, a recent amendment of the zoning code reduced the standard to 200' with the two points of measurement noted above (with the exception of the adult use separations which are greater and defined in that portion of the zoning code). In doing so, some differential separations for different uses were eliminated. The City may wish to reconsider this approach in light of the discussion of Item c. above. d. The situation of property/building reuse of either the liquor license property/building or of the protected use property/building. The City has had relatively few of these to date that have involved the separation requirements and has dealt with those that have come up on a case by case basis, but with the natural turnover of businesses in certain locations over time, the issue can be expected to occur to some extent in the future. Special Use Separations versus Licensed Establishment Separations These setback requirements, as land use conditions and/or liquor license conditions, do not address spacing between liquor license holders of any type and have not been intended to limit the number of liquor license holders or to attempt to geographically distribute them throughout the community. While the issue the Council directed staff to address relates to separations between licensed liquor establishments and protected uses, we understand that current off-sale liquor license holders plan to appear before the City Council on Tuesday evening to revisit the issue of limitations on the number and/or location of off-sale liquor licenses that can be issued in the City of Eagan. They indicate the concern is driven by a potential application for another off-sale liquor license related to the new Cub Food store and located in the retail strip next to the new store. Current spacing requirements would not impact that application. The issue of limitations and/or geographic separation requirements for off-sale liquor licenses was thoroughly studied in 2004 and 2005. The following minutes record the outcome of that study and deliberation: City Council Special Meeting Minutes April 26, 2005 IV. OFF-SALE LIQUOR LICENSES City Administrator Hedges introduced the item noting that at the March 8 City Council meeting, staff was directed to develop a list of criteria that other cities use as a basis in reviewing and approving off-sale licenses. Director of Administrative Services VanOverbeke provided the history regarding off-sale liquor licenses in Eagan. He noted that notification was sent to the 14 existing license holders as well as others who have expressed a recent interest in obtaining an off-sale license, inviting them to attend the April 26 Council meeting. The City Council discussed the current moratorium on off-sale liquor licenses and whether they should restrict the number of licenses. The Council further discussed the various options available for liquor license restrictions. The City Council took testimony from current liquor license holders regarding their input on regulations on the number of liquor licenses available. There was City Council consensus to keep the ordinance in its current state and to lift the current moratorium on off-sale liquor licenses. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct that an agenda item be placed on the May 3 City Council meeting for the City Attorney to prepare an ordinance with regard to off-sale liquor license to keep the current off-sale liquor license process in place and to remove the current moratorium on off-sale liquor licenses. Aye: 4, Nay: 0 City Council Regular Meeting Minutes May 3, 2005 OLD BUSINESS ORDINANCE TERMINATING THE MORATORIUM RESTRICTING THE ISSUANCE OF OFF-SALE LIQUOR LICENSES ESTABLISHED BY ORDINANCE NO. 383, INTERIM USE: ALCOHOLIC BEVERAGES LICENSING STUDY City Administrator Hedges introduced this item regarding the termination of the moratorium restricting the issuance of off-sale liquor licenses. An Interim Use Ordinance was adopted by the City Council on October 19, 2004 to allow Council the opportunity to determine what, if any, additional restrictions/criteria should be imposed in the area of off-sale liquor licensing and regulation. Review of information provided by staff following a survey of other metropolitan cities' and input from current off-sale liquor license holders was held at previous Council workshops. Councilmember Carlson moved, Councilmember Fields seconded a motion to adopt an ordinance terminating the moratorium restricting the issuance of off-sale liquor licenses established by Ordinance No. 383, Interim Use: Alcoholic Beverages Licensing Study. Aye: 5 Nay: 0 Since staff has not been directed by the City Council to undertake any additional research or to provide any additional information, the topic of limiting the number of off - sale liquor licenses is not considered further in this memo or in preparation for the work session; however, since the matter might come up, background material is included in the City Council packet for the meeting. Due to the concern expressed by current off- sale liquor license holders of being excluded from notice etc., they have been provided written notice of this special meeting. Historical Purpose of Spacing Requirements between Special Uses and Protected Uses Staff has not been able to locate any written documentation regarding the historical purpose for including separation requirements from protected uses for issuance of liquor licenses. Absent that type documentation, it seems the requirements are probably there as a result of one of more of the following: 1. Exposure of children and/or church attendees to certain types of businesses. (This is somewhat similar to the current site restrictions regarding "adult uses".) 2. Easier (location) access by youth to regulated products. 3. Amount of traffic, timing of traffic flow, potential impaired drivers. 4. Overall noise concerns. 5. General concern for compatibility of uses. Public Policy Considerations 1. If the speculation on the historical purposes of separations from protected uses is correct, do the purposes still hold? If they hold for some types of liquor establishments, are they diminished for off-sale locations that for all practical purposes function similar to any other retail business, although they are more regulated. 2. How does out-door activity at liquor establishments, such as patios, impact separation from protected uses? The current separation for uses with outdoor activities measures from the edge of the parking lot. This was originally developed with 24 hour business operations in mind and was aimed at defining an edge of outdoor activity -namely parking or driving. In the case of patios for businesses serving food and liquor, the issue of noise from outside activity would relate more specifically to that area than to the parking lot in general. Patio use is further complicated now due to the indoor smoking ban and the use of patios as smoking sites, regardless of whether food or beverage service is occurring at the time. 3. How should the City reconcile the different points of measurement for special and protected uses in the licensing chapter and the zoning chapter? While it makes sense from a zoning standpoint to separate 24 hour activities from the property boundary of a protected use, so that the owner/user of the protected use property may enjoy the quiet use of their yards as well as their buildings, the current language in the Code related to liquor licenses sets the point of measurement at the protected use's structure. If the purposes of the separations remain, which is the more appropriate separation for liquor licenses -the protected use property line or the protected use structure? 4. If separations between licensed liquor establishments and protected uses are' retained in the Code, does the presence of a major roadway between the uses reduce the need for the distance separation? 5. Whether separation requirements are in place or not, the City Code provides that "the Council may, in its sole discretion and for any reasonable cause, refuse to grant any application (for a liquor license)." While this authority is available and can be applied for any reasonable cause, the choice to rely on it in lieu of or in addition to standards in the code would require a more detailed description of the findings and reasons for denial than would be necessary if a use failed to meet a standard in the code. Memo Attachments • Appendix A includes a matrix that is intended to help visually represent the various types of liquor licenses being issued and the current spacing requirements. 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N O ON Q' ~- ~ (o -~ 'O O O ~ ~ Q j 00 ~ O (~ ` U 'a ~ N ~ N m O O ~ ((f ~ ~ c Y O U ~ co O 'Q a c ~ c p ~ c o ~ Y ~ o ~ ~ ~ ~ o ~ ~ o ~ o -~ ~ ~ ~ J v ~- ~ m a cn v U >- J o ~ J U o v O O d' ~ O O ~ M O e1' 'V' CO N 07 O ~ ~ In O 00 ~ M O t0 ~- rn ~i' ~ ~t ao N C4 M c0 N O N N ~- N O r O ~i' N CO ~ (O O O ~ V' M r ~ d' f ~- N M r r c- ~ ~- ~ M ~- N = . '', ' ~ Y G1 L ~ ' O L U L ~ N U '~ ~ Z d .y ~ ~ ~ •Q ~ c ~ N (6 ~ W O ~ - Q O C L O L J C ~ 'C L ,~ ~ ~ > U fA = U p' c ~ ' c W d A c U~ y ~~ C ~ ~ W~ c c = J J ~ G1 d ' ~ L ~: r ~ ~ c ~ ~ ~ d ~ -~ . L y O L N cv ~ ~ c~ ~ N ~ ~ O v a W O O = _ •- O ' J ' to .= d .a ~ ~ U O ci c W U ~ J ~ a-' d ~ .~.+ F- O S ~ O ~ ~ cv ~ 3 N~ O~ ~~ J J J~ ~ L ~ Y = W O O ? c~ m J d~ O` ,,.., N C Q p Q '~ ~ ~ N Q U O ~~ C` ~ J O O O O N ~~ O a ~ tUi) L +' V fo -J L ~ ._ O Q ~ L " ~ L ~ ~ y ~ ~ 3 O ~ ~ >,,_ d1 cp O J ~ c ~ r-. ~ m d 6 CO J ~ J J ~C ~ ~ L ~ f0 a~Q o~ oo0 Ym W00 ?~m ~U ~U ~U ~w ~Y ~Y ~~ J~ a~a !~cn c~ Q 'a I- 'a (A 'a m -a m a m -a ~ -a U ~ U 'a W -a U -a Y 'a Y -a ~ 'a ~ ~ cn 'a c c icy ~~ . E4GAN GtTY COUNCIL MINUTES; NOVEMBER 21, 1995 PAGE 9 2. The developer shall plat the .property. 3. The developer shall prepare a private parking easement and ingress/egress .document to be reviewed and approved by the City Attorney's Office prior to CouncU action on the final subdivision. The developer shall record the prfirate parking and ingress/egress easement with the plat. 4. The developer shall be responsible for submitting detaged plans and specifications with the final grading plans for the construction of the retaining walls. 5. ff this project develops prior to the Park Center Flftit Addition - TCF Bank development, the developer will be responsible for providing sanitary sewer and water main stubs to Lot 1, Block 1, park Center Fifth Addition. 6. The developer shall be responsible for providing sanftary sewer slid water main stubs to the property west a# Lot 1, Block 1, Park Center Sbcth Addition. 7. The service drive to be extended through the site shall be constructed wfth concrete curb and gutter on both sides its entire length. 8. The existing service drNe to Taco Bell shall be upgraded to City standards to include concrete curb and gutter to the southern edge of Lot 1, Block 1, Park Center Sixth Addfton. 9. The developer shall provide evidence of ingress/egress easements to provide access to .Lot 1, Block 1, Park Center Sixth Addition. Aye: 4 Nay: 1 (Masan opposed.) ~' - APPROVE NEW UOUOR STORE, UNITED PENN LAKE INC., '~ ~; .' DBA SILVER BEU. UGtUOR, 1983 SILVER BELL ROAD <. ~ ~,,, Dave Perrier, of Perrier Wines & Liquors, expressed some concern about eliminating the geographical and population restrictions for liquor stores. He feels there should be some fair way to contrd these licenses. Counclimember Awada indicated she was involved in eliminating these restrictions. She doesn't feel k Ls the Job of government to deckle what kind of business can go in a certain location, with the exception of zoning restrictions. ft Is restricting flee trade and she feels the market should drive the industry. Councilmember Hunter concurred. The flee market controls the Industry. Some discussion followed. Hunter moved, Awada seconded a motion to approve an off-sale liquor license for United Penn Lake Inc. to operate Silver Bell Liquor at 1983 Silver Beli Road. Aye: 5 Nay: 0 ~~~~I.~f.~ ~ t1 ~ ~.~'~i+YA~~?~~n`m~k ~-04i~~5~~~pW~~~~. : ~ 2'.'Kviti.:5 Councilmember Hunter noted he was contacted by the Dakota County Economic Development Partnership about serving on the board. He Indicated an Interest in finding out when the meetings are held, and soon after that, he receNed a call congratulating him on his appointment. He receNed a survey from them and would like some Council direction as to what he should do wfth iG Councilmember Awada indicated she heard they are considering changing their fee structure for cities. She suggested Counciimember Hunter hold on to the survey to see what happens with the fee structure in the future. Councilmember Wachter stated he doesn't feel tt is appropriate to be lobbying other CouncA members on this. Discussion fdlowed. ,. ~,fhw~,~:~.~:.~...Y.f Catherine Pk;krell, x745 Brlstd Boulevard, thanked Director of Public Works Colbert and Administrator Hedges, who have been very attentlve to their concerns about safety in the Weston HAIs area. She Indicated ~~ Eagan City Council Meeting Minutes October 5, 2004 Page 5 PLANNED DEVELOPMENT AMENDMENT LOT 1, BLOCK 1, SODERHOLM ADDITION HOLIDAY STATIONSTORES City Administrator Hedges introduced this item regarding a request fox a Planned Development Amendment to allow an expansion of the car wash and construction of an enclosure for salt storage and an amendment to the car wash signage. City Planner Ridley gave a staffrepo~•t. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a Planned Development Amendment to allow an expansion of the car wash and construction of an enclosure for salt storage on Lot 1, Block 1, Soderhohn Addition, subject to the following conditions: Aye: 5 Nay; 0 1, An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The new addition shall be constructed of materials that match the existing building. 3. No outside storage, sales, or display.is permitted. 4. Entry and exit doors of the car wash shall be closed during wash/dry cycles. Councihnember Carlson moved, Councihnember Maguire seconded a motion to approve a Planned Development amendment to amend the car wash signage for the Holiday store at 1065 Diffley Road, legally described as Lot 1, Block 1, Soderholm Addition in the SW '/a of Section 23, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. Car wash signage shall comply with the City Sign Code. PLANNED DEVELOPMENT AMENDMENT AT THOMAS. LAKE CENTER - PHUONG NGUYEN City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an off-sale liquor store in Thomas Lake Center, located at 1565 Cliff Road, along with the Liquor License and a Tobacco License. City Planner Ridley gave a staff report. The applicant discussed the condition recommended by the Planning Commission which states there would be no window signage other than open/closed and hours of operation signs. They requested that 50% window coverage be allowed. After discussion, Councihnembers agreed that 25% window coverage would be acceptable. The owner of two local liquor stores spoke regarding the unlimited number of off-sale liquor licenses issued by the City. They requested the Council consider limiting the number of licenses issued in the future. Councihnembers agreed that the geographic aspects of off-sale liquor stores and the possible limit on the number of licenses issued should be addressed. Staff was directed to review the ordinance and possibly survey existing off-sale liquor stores for feedback. Councihnember Fields moved, Mayor Geagan seconded a motion to approve a Planned Development Amendment to allow an off-sale liquor store in Thomas Lake Center, located at 1565 Cliff Road subject to the following conditions: Aye; 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded. 2. All signage shall comply with the City of Eagan Sign Ordinance. 3, There shall be no more than 25 percent window coverage with signage. Councihnember Fields moved, Councihnember Tilley seconded a motion to approve the OfF Sale Liquor License for Phuong La Nguyen, dba T.L. Liquors, 1565 Cliff Road, Suite 18 and 19. Aye: 5 Nay: 0 Councihnember Fields moved, Councilmember Tilley seconded a motion to approve a License to Sell Tobacco Products for Phuong La Nguyen, dba T.L. Liquors, 1565 Cliff Road, Suite 18 & 19. Aye: 5 Nay: 0 18 Kory Krause Owner and General Manager MGM Wine and Spirits 4182 Pilot Knob Road Eagan, MN 55122 January 21, 2009 Mayor Mike Maguire City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Mayor: I'm writing you today because I recently received information regarding the possible/proposed addition of another off-sale liquor license in the City of Eagan. I understand that the new Cub Foods store located at Lexington and Diffley plans to open their own liquor store. I'd like the opportunity to explain why this proposal would have an extremely negative effect on our local business community and to the City of Eagan in general. I know you are a very busy person, but I hope you can take just a few minutes to read and understand this important issue. Adding yet another liquor store to our already saturated market, will negatively affect the existing off- sale liquor businesses. Specifically Amber Liquor, which is located within a black of the new Cub. Adding a large liquor store, which has the buying power of a large company, will undoubtedly put the small "mom and pop" Amber Liquor store out of business. They would be unable to compete. The result is a loss of jobs, an additional vacancy in the already tough commercial leasing market, as well as a host of other losses to the immediate community. Also affected; would be the net loss to the various services the business consumes, as well as the catastrophic impact an the ownership and his family. I see this as having a negative impact on both Black. Diamond Liquors and MT Liquory also. Both stores are located in close proximity. Even the new Kowalski's liquor store would likely realize a decrease in sales. Putting the additional strain on all of these businesses will undoubtedly result in stores closing, cutting jobs, and/or reducing benefits to their employees. The potential impact on MGM Wine and Spirits of Eagan: First, a little background about our business. MGM has been a neighborhood store here in Eagan, located in the same strip mall for nearly 30 years. I purchased the business from MGM Corporate about 3 years ago. The store is now a franchise, and I am the owner-operator of the business. We employ 3 full-time people, and the positions INCLUDE medical benefits. The average salary of our full time staff is over $45,000 per year. We employ apart-time staff of 7, in addition to the full time positions. Average part time pay is over $12 per hour. The part time positions have access to medical benefits also, if desired. i~ MGM Wine and Spirits is an upstanding, responsible, and important member of the Eagan business community. We re-invest all of our proceeds back into the business, while continuously improving it. Almost all of the money STAYS in Eagan. We recently remodeled the store's exterior, and we are currently continuing the process on the inside. We donate heavily to worthy and important local causes, including charities, local organizations, etc. We run a safe business, and with an extremely law number of annual police calls. We have, never failed a sting, selling liquor or tobacco to a minor. We operate in a very local/neighborhood-specific manner, not like that of a large corporation, which has no regard for the community in which it operates. We tailor our business to best serve the immediate area, rather than trying to continuously undercut the competition, participate in price wars, etc. This better serves the immediate community, rather than putting it in second position, behind corporate strategy. Our number one focus is customer service. All of the services we consume are local as well; we even bank here in Eagan. In this tough economic climate, we can't afford to lose any of our own market share, or realize a decrease in sales. We are barely surviving right now as it is. Since 1 purchased the store three years ago, 3 new liquor stores have opened inclose proximity to our location. We can't handle a 4`t'. Any additional decrease in sales will result in the immediate reduction of our staff andjor their benefits. We are doing our very best to keep every employee working during this tough time, but we can only do as much as we can afford. It is now more important than ever to protect the existing businesses. 1 think you would agree, we can't afford to add to the already swelling number of unemployed Eagan citizens. Please understand this is very serious! It is no exaggeration, if Cub opens one of their "cookie-cutter" liquor stores at Lexington and Diffley, it will result in the eventual closing of Amber liquor, MT Liquory, and most likely Black Diamond Liquors. Further, we believe it would lead to the slow and gradual death of our business, MGM Wine and Spirits. This would result in vacancies at 4 different strip malls, the loss of 4 liquor and/or tobacco licenses, and many good jobs. These are small businesses; this would have a catastrophic impact on the ownership and their families. People will lose their life's savings, their dreams, their future, retirements, and much more. We do understand the desire to improve and expand business in the City of Eagan, but the ramifications must be considered. And in this case, the benefits of a new Cub liquor store would be non-existent, compared with the consequences. The new low-paying positions created at a new store would not come close to replacing the lost jobs, and overall revenue to the city. As appealing as it may seem to add new businesses in Eagan, it should be done responsibly, and the whole picture must be considered from every angle. Eagan already has more off- sale liquor licenses per capita than many other Twin Cities suburbs. The community can only support so much, and in this economic downturn, it is more important than ever to carefully consider the impact something like this will have. Please consider what the addition of a new Wal-Mart store does to small and medium sized towns. We all know how that turns out far many local businesses... In conclusion, I want to let you know that those supporting my position include; the ownership at Amber Liquors, MT Liquory, Black Diamond Liquor, MGM Corporate, the MLBA {Minnesota Licensed Beverage Association), the employees and families of these businesses, and many concerned Eagan citizens. Additionally,l'd like to present you with a petition signed by every current off-sale licensee in Eagan, apposing the addition of a new license. This petition will include the signatures of other Eagan business owners, concerned parties/citizens, the MLBA, MGM Corporate, and more. 1 would welcome the opportunity to sit down with you, and discuss this important issue further. Any time it is convenient for you, please don't hesitate to contact me. I'd like to provide you with further information supporting my position. Thank you very much for your time, and t trust the City of Eagan will come to realize the importance of this situation, and act accordingly. Respectfully Yours, ~, ~- Kory Krause ~9 ,- ,~ ~--- ..~w_-- 131ack Diamond Liquor 525 DifFley Road Suite 2050 Eagan, MN 55123 January 28, 2009 Mr. Mike Maguire Mayor City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 Dear Mayor Maguire; I own Black Diamond Wine and Spirits. It has come to my attention that Cub Foods or an independent party is intexested in opening a new liquor stare in its strip mall near the intersection of Diffley Road and Lexington Avenue. Over saturating the area with liquor stores will have an adverse effect on the area and its existing businesses. I opened my business two years ago to provide goods and services to the east end of Eagan by offering a full wine/liquor store. I run a quality establishment and I offer the community a vast selection of products. I also reinvest & support many charities and organizations in the community. While I have support from the neighborhood, I am unable to expand my business due to the number of liquor stores nearby. Presently, Eagan has six liquor stores in just over a 4 mile radius all located on or near Diffley Road. Further, Trail Liquor is located less than one half mile away on Highway 3 in Inver Grove Heights. Trail Liquor has the competitive advantage of keeping its doors open until 10:00 p.m. while I must close by 8:00 p.m. In addition to the abundance of liquor stores in the 5 mile radius, the proposed liquor store will be located directly across the street from a school. As a parent this greatly concerns me. Granting another liquor store license in this area will cause significant hardship by further diluting an already thin market, particularly on the east end of Eagan. I feel if the city decides to grant a license several of the smaller stores including mine in the area could be faced with significant hardship and could potentially force many of us to close our stores, loose our jobs, income & investment. This would also pose a detrimental effect on not only us and our employees but the strip malls that we are located in as well. Please share this letter with other city council members for their consideration. Thank you for your time and attention in this matter. Please keep me informed as the City of Eagan moves forward on this matter. Sincerely, ~~ ~ ~~ ~;; -.._._~___~_~,.~Brenda Szoka i f From: blackdiamondliquor@comcast.net To: bd1525@yahoo.com Subject: Please read this important message! Date: Tue, 3 Feb 2009 17:15:28 -0600 Dear Valued Customers: I apologize for this lengthy message but I feel strongly that it is very important. After reading this please share the information with others in our community. Black Diamond Wines & Spirits has recently learned that the city of Eagan is strongly considering granting yet another liquor store licenses on Diffley Rd. There are currently six liquor stores operating already along a Diffley in just over a 4 mile span. Cub Foods would like to open a liquor store in this area as well. They would like to operate one in the strip mall that is adjacent their new store and across from North View Elementary School. Currently there is a regulation in effect that would not allow a liquor store the rights to be that close to a school. The city is considering changing the city code. To help with the cities decision Cub is on tonight's city council agenda. The city is voting "to approve" 1 donations by CUB FOODS of $1000 each to the police and fire departments. We know exactly what that is for.... Kowalskis did the exact same thing, a generous "donation" to the city when they wanted to have a wine shop. Shortly thereafter they submitted their license application, and it was approved. In addition, if this city code is change it would allow unlimited licenses to be granted and it would also lift any restrictions as to where these licensee could operate their business. We feel strongly that the city is not looking out for our best interests for a couple of important reasons. Being a parent that has children that attend schools in this area I am greatly concerned. I know that many kids frequent this area after school. I am concerned for there well being and safety with all the traffic and activity in that area. Several parents I have already spoken with strongly feel that we do not want our. kids to be exposed to or have access to these types of goods. In addition, we want to keep them safe from other who may be willing to purchase for someone under age, or may in the area under the influence and may not drive carefully through the area. In addition, We are very concerned that there would be no restrictions as to where future on or off sale establishments could operate within the city. The total ramification of the changing of this city code is significant. Just the opening of another liquor store on Diffley Rd would have significant effects on my business but would also affect the other small liquor stores and several of the strip malls in the area. Please read the letters below that have already been submitted to the city for more details about this matter. We are currently trying to gain support for keeping our children safe and protecting our businesses and livelihoods. Therefore, we are asking for your support. Please let the Eagan city council know that we are not in favor of their proposal to change the law or grant another liquor license. Please consider signing one of the following petition and then pass it along and encouraging others to do so as well. We need the support of everyone!. Those registered voters in Eagan are extremely important. Please print out the petition and post in your lunch/break rooms/office or take it with you to one of your children's activities. We need to work fast. We need at least 300 signatures. Petitions need to be signed and delivered to the city by 4pm on Friday. We will. begin discussing this issue in front of City Council on Tues. Feb. 10th. You may go online to view and sign either of the petitions at www.ipetitons.com/petiton/keepourkidssafe or http~//www thepetitionsite.com/1/no-mare-liquor-stores-in-eagan or you may stop by several of the liquor stores along Diffley Rd. and sign the petition on site. You may also print the petition out and place it in area that others may gain knowledge of this matter and would be willing to sign. We just need to gather those petitions afterwards so please let us know if you have one you would like us to pick up. Thank you for your time and consideration in this matter. If you have any questions or concerns please feel to contact me at 651-294- 0990. Sincerely, Brenda Szoka Owner Below are copies of the letters that have been submitted to the Mayor & City Council members. Kory Krause Owner and General Manager MGM Wine and Spirits 4182 Pilot Knob Road Eagan, MN 55122 January 21, 2009 Mayor Mike Maguire City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Mayor: I'm writing you today because I recently received information regarding the possible/proposed addition of another off-sale liquor license in the City of Eagan. I understand that the new Cub Foods store located at Lexington and Diffley plans to open their own liquor store. I'd like the opportunity to explain why this proposal would have an extremely negative effect on our local business community and to the City of Eagan in general. I know you are a very busy person, but I hope you can take just a few minutes to read and understand this important issue. Adding yet another liquor store to our already saturated market, will negatively affect the existing off-sale liquor businesses. Specifically Amber Liquor, which is located within a block of the new Cub. Adding a large liquor store, which has the buying power of a large company, will undoubtedly put the small "mom and pop" Amber Liquor store out of business. They would be unable to compete. The result is a loss of jobs, an additional vacancy in the already tough commercial leasing market, as well as a host of other z a~- losses to the immediate community. Also affected; would be the net loss to the various services the business consumes, as well as the catastrophic impact on the ownership and his family. I see this as having a negative impact on both Black Diamond Liquors and MT Liquory also. Both stores are located in close proximity. Even the new Kowalski's liquor store would likely realize a decrease in sales. Putting the additional strain on all of these businesses will undoubtedly result in stores closing, cutting jobs, and/or reducing benefits to their employees. The potential impact on MGM Wine and Spirits of Eagan: First, a little background about our business. MGM has been a neighborhood store here in Eagan, located in the same strip mall for nearly 30 years. I purchased the business from MGM Corporate about 3 years ago. The store is now a franchise, and I am the owner-operator of the business. We employ 3 full-time people, and the positions INCLUDE medical benefits. The average salary of our full time staff is over $45,000 per year. We employ apart-time staff of 7, in addition to the full time positions. Average part time pay is over $12 per hour. The part time positions have access to medical benefits also, if desired. MGM Wine and Spirits is an upstanding, responsible, and important member of the Eagan business community. We re-invest all of our proceeds back into the business, while continuously improving it. Almost all of the money STAYS in Eagan. We recently remodeled the store's exterior, and we are currently continuing the process on the inside. We donate heavily to worthy and important local causes, including charities, local organizations, etc. We run a safe business, and with an extremely low number of annual police calls. We have never failed a sting, selling liquor or tobacco to a minor. We operate in a very local/neighborhood-specific manner, not like that of a large corporation, which has no regard for the community in which it operates. We tailor our business to best serve the immediate area, rather than trying to continuously undercut the competition, participate in price wars, etc. This better serves the immediate community, rather than putting it in second position, behind corporate strategy. Our number one focus is customer service. All of the services we consume are local as well; we even bank here in Eagan. In this tough economic climate, we can't afford to lose any of our own market share, or realize a decrease in sales. We are barely surviving right now as it is. Since I purchased the store three years ago, 3 new liquor stores have opened in close proximity to our location. We can't handle a 4th. Any additional decrease in sales will result in the immediate reduction of our staff and/or their benefits. We are doing our very best to keep every employee working during this tough time, but we can only do as much as we can afford. It is now more important than ever to protect the existing businesses. I think you would agree, we can't afford to add to the already swelling number of unemployed Eagan citizens. Please understand this is very serious! It is no exaggeration, if Cub opens one of their "cookie-cutter" liquor stores at Lexington and Diffley, it will result in the eventual closing of Amber Liquor, MT Liquory, and most likely Black Diamond Liquors. Further, we believe it would lead to the slow and gradual death of our business, MGM Wine and Spirits. This would result in vacancies at 4 different strip malls, the loss of 4 liquor and/or tobacco licenses, and many good jobs. These are small businesses; this would have a catastrophic impact on the ownership and their families. People will lose their life's savings, their dreams, their future, retirements, and much more. We do understand the desire to improve and expand business in the City of Eagan, but the ramifications must be considered. And in this case, the benefits of a new Cub liquor store would be non-existent, compared with the consequences. The new low-paying positions created at a new store would not come close to replacing the lost jobs, and overall revenue to the city. As appealing as it may seem to add new businesses in Eagan, it should be done responsibly, and the whole picture must be considered from every angle. Eagan already has more off-sale liquor licenses per capita than many other Twin Cities suburbs. The community can only support so much, and in this economic downturn, it is more important than ever to carefully consider the impact something like this will have. Please consider what the addition of a new Wal-Mart store does to small and medium sized towns. We all know how that turns out for many local businesses... In conclusion, I want to let you know that those supporting my position include; the ownership at Amber Liquors, MT Liquory, Black Diamond Liquor, MGM Corporate, the MLBA (Minnesota Licensed Beverage Association), the employees and families of these businesses, and many concerned Eagan citizens. Additionally, I'd like to present you with a petition signed by every current off-sale licensee in Eagan, opposing the addition of a new license. This petition will include the signatures of other Eagan business owners, concerned parties/citizens, the MLBA, MGM Corporate, and more. I would welcome the opportunity to sit down with you, and discuss this important issue further. Any time it is convenient for you, please don't hesitate to contact me. I'd like to provide you with further information supporting my position. Thank you very much for your time, and I trust the City of Eagan will come to realize the importance of this situation, and act accordingly. Respectfully Yours, Kory Krause January 29,2009 Dear Mr. Hedges; I own Black Diamond Wine and Spirits. It has come to my attention that Cub Foods or an independent party is interested in opening a new Liquor store in its strip mall near the intersection of Diffley Road and Lexington Avenue. Over saturating the area with liquor stores will have an adverse effect on the area and its existing businesses. I opened my business two years ago to provide goods and services to the east end of Eagan by offering a full wine/liquor store. I run a quality establishment and I offer the community a vast selection of products. I also reinvest & support many charities and organizations in the community. While I have support from the neighborhood, I am unable to expand my business due to the number of liquor stores nearby. Presently, Eagan has six liquor stores in just over a 4 mile area all located on or near Diffley Road. Further, Trail Liquor is located less than one half mile away on Highway 3 in Inver Grove Heights. Trail Liquor has the competitive advantage of keeping. its doors open until 10:00 p.m. while I must close by 8:00 p.m. In addition to the abundance of liquor stores in the 5 mile stretch along Diffley Rd. the proposed liquor store will be located directly across the street from a school. As a parent this greatly concerns me. Granting another liquor store license in this area will cause significant hardship by further diluting an already thin market, particularly on the east end of Eagan. I feel if the city decides to grant a license several of the smaller stores including mine in the area could be faced with significant hardship and could potentially force many of us to close our stores, loose our jobs, income & investment. This would also pose a detrimental effect on not only us and our employees but the strip malls that we are located in as well. Please share this letter with other city council members for their consideration. Thank you for your time and attention in this matter. Please keep me informed as the City of Eagan moves forward on this matter. Sincerely, Brenda Szoka Windows LiveT"' Hotmail®...more than just a-mail. See how it works. February 3, 2009 Mayor Mike Maguire City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor: We hear there is consideration of granting yet another liquor store license in Eagan and that the proposed site is in the strip mall next to the new Cub store on Diffley. Please do not grant this license. We live on Yorktown Drive, with 3 liquor stores already in a one mile radius (Amber Liquor, Black Diamond and one on Hwy 3 that is in Inver Grove Heights). If I drive west on Diffley, there are liquor stores about every half mile -the one in the mall at Pilot Knob &Diffley; the Liquory at Johnny Cake &Diffley; the one in Kowalski's; and the one in the mall on the north side of Diffley at Blackhawk. If you veer from Diffley a mile or so north or south, there is a liquor store next to original Cub Foods; one near the old Cedarvale site; one near Rainbow; and one in Byerly's. These are the stores I can think of off the top of my head. How many do we need? I understand Cub is making donations to the Eagan Police and Fire departments, which is admirable. Do not let their generosity influence your decision, I am certain many of the existing liquor stores would do the same, but cannot because they are barely staying in business because of the extraordinary number of liquor stores in Eagan already. It wouldn't look good either. We don't have a mayor and a city council whose votes can be bought, do we? Please, no more liquor stores in Eagan... and particularly no more liquor stores along Diffley Road. Or should I call it Liquor Lane? Sincerely, ~~ ~~ Pam Carlson 4249 Yorktown Drive Eagan, MN 55123 651-452-8365 d~~ 600 South Highway 169, Suite 701 - St. Louis Park, MN 55426 Phone: (763) 923-7889 Fax: (763) 591-5015 February 4, 2009 Council Members ..•. - ~ -.- z,, ~.ity v~ ~~y,~~ 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Zoning Change to Liquor Restrictions and Regulations Dear Council Members, { am the owner of the Lexington Center Shopping Center on Diffley and Lexington Ave. So. It has come to my attention that the City Council is considering a change to the liquor restrictions and regulations that would enable a new liquor store to open directly across the street from the school, in the new Cub Center. My tenant Amber Liquor has been a neighborhood liquor store for almost 20 years now and I strongly object to changing the code just because a giant, like Cub Foods, wants to sell liquor. You have to know that the impact on a small business owner, like my tenant, would most likely put them out of business. This would be totally unfair given that they have built up their business over the past 20 years relying on the rules that are in place. am all for free enterprise but not when you change the rules to accommodate a bigger player. I respectfully request that you do not allow this change to take place. Please read this letter at the Council meeting on Tuesday, February 10th Very truly yours, LEXINGTON CENTER ~, Mark Ravich, Owner........ ~, o Gene VanOverbeke From: Mira Pepper Sent: Friday, February 06, 2009 12:33 PM To: Gene VanOverbeke Subject: FW: New Liquor store--Diffley and Lexington I thought you might want this for the packet. From: Theisen, Michelle [mailto:michelletheisen@arcgreatertwincities.org] Sent: Friday, February 06, 2009 11:42 AM To: City Council; CodeEnforcement; Tom Hedges Cc: David Theisen Subject: New Liquor store--Diffley and Lexington Dear City Council, the City Administrator and the Mayor of Eagan, My name is Michelle Theisen and I'm a relatively new citizen of the city of Eagan. My husband David and I moved to Eagan from Eden Prairie in June 2007 because of the wonderful family feel that Eagan has to offer. To my horror, I read an article in the Pioneer Press about the Council "considering" redefining city laws in order for a new liquor store to be allowed admittance into the new shopping center located next to the Cub store on Diffley and Lexington. Not only is this potential new business seeking to locate right across the street from a school, there is already a liquor store on Lexington just off Diffley. School children should not have to look out their windows while they are taking a study break to see a liquor store. Zoning laws like this were created for a reason: to keep exposure to these types of businesses away from children. I am absolutely appalled that my tax dollars are being used to consider this request. As long as you are considering this request, maybe you should allow an adult business to locate in that shopping center as well. The City Council would never consider a request like that and they shouldn't consider this request either. Both types of business are EQUALLY HARMFUL to kids. I was also appalled to hear that after several "gifts" from the new Cub in Eagan, that the Council was "open" to discussing changing city ordinances regarding liquor store locations. This doesn't pass as you politicians like to say.,..the smell test. Please do not change city ordinances and zoning to fit the needs of Cub. Look after the needs of your citizens. Also, I decided to do some investigating on my own and looked up liquor stores on Goole. I found that there are 6 stores already located within a 4 mile radius of each other. Eagan does NOT NEED a 7 h one in this location. Please do not change the law to suit this liquor store or Cub. Eagan deserves better, I deserve better, and the kids of North view Elementary deserve better. Sincerely, Michelle Theisen 594 Eden Circle Eagan, MN 55123 651-688-7871 1 a~ Cub Foods' plan riles liquor store owners in Eagan • Proposalto open an off-sale liquor store in a strip mall near ~ ' ' ari elementary school has set off . protests and cla;rns of favoritism. By jOY POWELL jpowell@startribune.com There's a battle brewing in Eagan as Cub Foods seeks approval to sell off-sale liquor across the street from an elementary school, near the inter= section of Diffley Road and Lexing- tonAvenue. That proposal has irked a group of liquor store owners, who say the city, with 171iquor stores, already has more per capita than just about any other in the state and doesn't need another one, especially near a school. But city officials say Cub meets all the requirements for anoff--sale liquor license, and it's not the city's place to interfere with the free market. "In addition to the catastrophic ef- fect alarge new liquor store would have on several existing Eagan busi- nesses, it would be bad for our com- munity as well," said Kory Krause, owner of MGM Wine and Spirits, which is about a mile away from where Cub is planning to open its store. Krause, who is spearheading the opposition to Cub's plans, said anoth- er store in a saturated market could force several~liqucir stores out ofbusi- ness,leading to.jobslost and fmancial hardship for-the owners. Among those worried is Eduard Fisher, owner of Amber Liquor, which shares one end of the parking lot in the License continues: Donation to city fire and police draws protests. B5 - Cub's plans for liquor store draws protests - LICENSE FROM B1 strip mall where the Cub store is located. "They can put any price to put me out of business," Fisher said in his store Thursday. Cub Foods has notif-ied an Eagan city clerk of its plans for the store, which would be lo- cated in a new strip mall next to Cub, but the company has not yet filed an application with the city. - "Like many businesses, Cub doesn't disclose any expansion plans," said Lee Ann Jorgenson, spokesman for Cub Foods. Opponents have claimed that the city is considering changing the setback require- ments so that Cub could open the store. City officials say that's false. The current requirements say a liquor store must be at least 200 feet away from the property line of a school, church or day-care center; if Cub leases space in the new strip shopping center, just south and east of the existing Cub store, its new store would be more than 300 feet south of they school, said Eagan' city ad- ministrator Tom Hedges, "Cub Foods already meets all of the regulations;" Hedg- essaid. Krause, however, said ques- tions remain over where the school's property line actual- lyruns. Hedges said the opponents have incorrectly surmised a connection between two dif- ferent matters that the City Council will take up at differ- ent times. The Cub liquor li- cense request would be one, and it's not yet on the agenda. A separate issue is on Tues- day's agenda. The council will take up the matter of separa- tion requirements between off-sale and on-sale liquor es- tablishments and churches, schools and other protected uses of land. The meeting isn't intended to address limits or restrictions related to issuing liquor licenses, officials said. Gene VanOverbeke, director of administrative services for Eagan, said that last Novem- ber,Cub had wanted a liquor li- cense to sell 3.2 beer. But it did not meet that setback require- ment for spacing between the grocery store and the school. The store' is 195 feet from the school's property line; the ordi- nancerequired 200 feet. The council determined that the 200-foot spacing require- ment for off-sale 3.2 beer was not necessary, and it approved a citywide ordinance amend- ment that removed spacing re- quirements for 3.2 sales. Cub then got its 3:2 license. A separate action at the same meeting directed staff to research the current 200- foot spacing requirements for other kinds of liquor licenses, such as an off-sale liquor store or on-sale liquor sales at a res- taurant. That issue will be tak- en up Tuesday evening. Opponents have raised questions over whether the City Council should accept do- nations totaling $2,000 to the city's police and fire depart- ments from Cub as it's plan- ning to apply for anoff--sale li- quorlicense. It's not ulicommon for fran- chises or companies to donate to the city, and such donations would in no way affect a-ly de- cision to issue a liquor license, Hedges said. Joy Powell • 952-882-9017 s.~ Friday 2-6-2009 Eagan stores ' But store owners fighting new shops By Frederick Melo f melo@pioneerpress.com As a liquor store owner, Brenda Szoka knows exactly what kind of establishment she doesn't want to see more - of in Eagan: another liquor store. Szoka, who opened Black Diamond Wme and Spirits two years ago, was part of a small wave of off-sale liquor license holders that have proliferated across the city pf about 70,000 residents. In November, the arrival of a Kowalski's Wine Market on Diffley Road, within a few dozen feet of the MT Liquory, sent a quiet jolt through estab- lished shop •owners and their employees, who complain their industry already is saturated , in Eagan. Six liquor stores operate on Diftley within a four-mile stretch "Apple Valley. has three liquor stores. We have 17,"said Kerry Illies, a xiight manager at MGM Wme and Spirits on Pilot Knob Road Kowalski's might have been LIQUOR STORES, ~B > ~. _ CGi~Tl1VUEC3, Fi2DM 1B liquor stores. . When . Cuh opened in - • > L _ November, the city went` a tquor step further.- City,staff deter- mined the new supermarket S~®res was ;about 19& feet from the` _ closest ,protected-use loca- tions = Northview Elemen- ' just the'beginning. -Now, .city . tary,and an Episcopal church. officials say they expect the . Cub, which sells 32 beer, or new Ciib Foods supermarket - liquor, with relatively low at Diffley and Lexington alcohol content, would have Avenue, across from been barred from. carrying Northview Elementary alcohol,entirely School, to apply for arioff--sale The council :responded by liquor license. lifting' the spacing- restric- Rather than close-the door tions entirely foT convenience to new liquor shops, the stores and supermarkets car- .' , Eagan City Council has been ryirig 3.2, beer. City, officials moving in the opposite direc- wonderedif they shouldn't do tion. In , 2 004 and 2.005, they the same for liquor stores. . imposed a moratorium on..• "It is my sense that there ' issuing off-sale liquor licens= was .question: as to whether es until they could determine this kind of spacing was need whether to cap the number of ed in Eagan -in 2009,";Eagan "shops, perhaps by linking the ' Mayor Mike Maguire said `. cap to population figures, as "We were wondering if this some neighboring cities do. notion of (space restrictions) . They chose not to. was an antiquated notion," , "The council did land on Maguire continued` `jWe've (the side of) free enterprise," had situations ``where liquor City Administrator Tom stores have existed; and-dy . Hedges said cares have .: (moved) in next , > ; . About a year ago, the coon- door." cil lifted a restriction that The council ordered si`affto would have barred anall- compaTe`_ Eagan's spacing ,` night Holiday gas station.. ~ restrictions to those of other from opening at Diffley Road. " communities and' will exam, , and Interstate 35E. Zoning ine .the results at Tuesday rules at the time required a night's council meeting. ` 300-foot setback between the Szoka and at least five other 24-hour establishment ~ and , liquor store' owners plan. to ', "special protected use" attend and voice their opposi-'. ', locations such as churches tion to a' Cuff Foo,.ds 'liquor . ', and day care. centers; the _ shop and airy rule changes '' council reduced the spacing ', requiremient to 200 feet. The ' Frederick Melo can 5e reoched at ', rule -change also, included -651-218-2172. 31 Agenda Memo Special City Council Meeting February 10, 2009 III. Discuss options for Civic Arena West Floor ACTION TO BE CONSIDERED Review information and provide staff with direction for further research or background needed to consider funding options for the Civic Arena West floor repair/replacement. FACTS • During the 2009 budget review the Council was made aware of the impending issue of replacing the west arena floor because of numerous glycol leaks since the floor was installed in 1995. • There were several questions asked pertaining to the need to replace the floor versus continuing the repair. The attached memo addresses the questions that were raised and background information to respond to those questions. • Issues for Council discussion include: o If the floor were to be replaced completely it would cost approximately $500,000 and would take approximately 13 weeks to complete. o If a floor leak were to render the ice unusable during peak use the loss of revenue would be added to the replacement/repair cost . o Continuing to repair leaks if they can be easily found will cost approximately $3-5,000 per year. o Some funding options are identified but there may be other options the Council may wish to consider. o The bond on the east arena is due to be paid off some time in 2018. It was originally anticipated that the $135,000 annual allocation would then be available to fund larger capital expenditures. ATTACHMENTS Background memo on pages City of Ea~au Memo To: Juli Seydell Johnson, Director of Parks and Recreation From: Cherryl Mesko, Superintendent of Operations Date: January 23, 2009 Subject: ~ Civic Arena West Floor Leak During the 2009 budget review the Council was made aware of the impending issue of replacing the west arena floor because of numerous glycol leaks since the floor was installed in 1995. The Council asked several questions including: Whv wasn't the floor fixed initially? The floor had a 2 year warranty starting September 18, 1995. Within those first two years there were minor but detectable leaks that were easily repaired. During the-two year warranty period the original contractor Premier Ice Rinks went out of business and their umbrella company, Premier Electric took over the warranty. Because the original company went out of business, staff solicited legal guidance about how best to preserve the integrity of the floor from future failure. The advice was to require Premier Electric to continue fixing the leaks anticipating that they would all be found and repaired from future failure. Unfortunately it is now 13 years since the floor was installed and Premier Electric has been coming back each year to repair the floor as needed. • Whv didn't the City take legal action to have the floor replaced? While some of the glycol leaks occurred within the warranty period, the majority have occurred after that period. With the original contractor no longer in business and Premier Electric willing to come back to repair damage, it was legal staff's opinion that the repair as needed was a reasonable expectation since we could not go back to the company that originally installed the floor and seek replacement. It is now legal staff's opinion that after 12 years it is no longer reasonable to bring Premier Electric back to repair the floor leaks. • What is the urgency to get the floor replaced in the near future? The primary motivator to proactively replacing the floor is to control when the work would occur. If we wait for the floor to fail we will not only be faced with the replacement cost but the compounded issue of lost revenue. What is the replacement cost? It is expected that the cost would be approximately $500,000 for a fully replaced floor. There are options that could put a new floor over the existing for less money but it would raise the floor height by 7 inches and require ramping to get people onto the ice to meet ADA requirements. Other options like incorporating geothermal alternatives would be more costly but may have some energy payback. How could this be funded? o Borrow from the Community Investment or other fund that would need to be paid back over several years. In essence, a defined amount of retained earnings would need to be earmarked each year to pay this back. If there are not sufficient retained earnings, it may be necessary to tap the renewal and replacement fund reserve. The original building was built using funds from this account. o Borrow from the Renewal and Replacement Fund which currently has a balance of $417,266. This still would not be enough to fund the entire replacement. The challenge with this option is that if this account is depleted and there is a need to replace equipment that the fund was designed to replace, there would not be money available. o Combination of both of the above. Agenda Information Memo February 10, 2009 City Council Meeting IV. REVIEW 2009-2010 CITY GOALS ACTION TO BE CONSIDERED: No formal action is needed. The Council is asked to review the proposed goal statements and provide feedback to staff in order to formally adopt the City of Eagan Goals at the March 3, 2009 regular City Council meeting. FACTS: • The City Council held their 2009-2010 Goals Retreat on January 27-28, 2009, at which time there were six goals that were identified by the Council. • Per the direction of the Council, staff has refined the goals statements and is now seeking Council review before bringing the goals to the March 3, 2009 City Council meeting for formal consideration. • Also per the request of the Council, the proposed goals were sent to each Councilmember via e-mail in order that any proposed changes to the language of the goal statements could be suggested to City Administrator Hedges in advance of the February 10 meeting. • The enclosed goals show "headings" or "categories" for each of the goals as identified by the Council at the Goals Retreat; however, those headings are proposed to be removed prior to formal adoption of the goals. • The Council is encouraged to discuss the proposed goals and make recommendations to staff on any changes to the goal statements prior to formal consideration of the goals on March 3, 2009. ATTACHMENTS: • Enclosed on pag are the proposed 2009-2010 City of Eagan Goals. S DRAFT 2009-2010 City of Eagan Goals-Proposed Budget/Fiscal • Maintain the City's long standing fiscally conservative budgeting approach through the creation of sustainable and independent long term budgets. Tax Base/Economic Vitality • Preserve and expand Eagan's tax base and economic vitality by encouraging maintenance and investment in our residential, commercial, and redeveloping neighborhoods, while pursuing measures to mitigate airport noise, and supporting the retention, expansion and attraction of quality businesses. "Infostructure"Broadband • Ensure adequate bandwidth/capacity for the future by addressing the "infostructure" needs of Eagan's residents, businesses and employers. City Services • Increase the City's focus on meeting the changing demographics of the City, including lifestyle needs of the aging population. Sustainability/Environment • Option #1-Use City resources efficiently through energy conservation and sustainability strategies that encourage and develop comiections between environmental quality and economic vitality for our residents and businesses. • Option #2-Increase City resource efficiency through energy conservation and sustainability strategies, and encourage residents and businesses to join the City in reducing greenhouse gas emissions in our community. • Option #3-Exemplify the commitment to sustainable and energy efficient strategies by using local, non-polluting, renewable, and recycled resources, and encourage residents and businesses to do likewise. Civic En~a~ement • Strengthen civic engagement and volunteerism in the community.