04/26/1990 - City Council SpecialMINUTES OF A SPECIAL MEETING
EAGAN CITY COUNCIL
Eagan, Minnesota
April 26, 1990
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A special meeting of the Eagan City Council was held on Thursday, April 26, 1990 at
5:30 p.m., at the Eagan City Hall. Present were Mayor Egan and City Councilmembers Gustafson,
Pawlenty and Wachter. Absent was City Councilmember McCrea. Also present were Director of
Finance VanOverbeke, Administrative Assistant/Deputy Clerk Witt, Chief of Police Geagan, Fire Chief
Southom, Director of Parks and Recreation Vraa, Park Planner Sullivan and City Administrator Hedges.
SENECA DEWATERING PERMIT
City Administrator Hedges stated that Judge Reha, administrative law judge, suggested
that the MWCC, DNR, MPCA, Metropolitan Council and City Council come to agreement for sharing the
costs of the Seneca Waste Water facility mediation. He stated that the total cost for the mediation
service is estimated at $15,000 or $3,000 per jurisdiction. The City Administrator further commented
that a contested case, an alternative to mediation, would have cost the City many thousands of dollars
more than this procedure recommending that the City participate with the other four agencies in the
process. After a brief discussion and in a motion by City Councilmember Wachter, seconded by City
Councilmember Gustafson, a motion was made to approve a cost sharing in the Seneca Waste Water
Facility mediation with the MPCA, DNR, MWCC and Met Council. Aye: 4, Nay: 0
T.S.P. ADJUSTMENT /DRUG TASK FORCE CLERICAL
City Administrator Hedges stated that the Time Spent Profiles for a clerical position
funded by the Drug Task Force was reviewed and the results indicate an increase in the TSP ranking
is in order. After a brief discussion, a motion was introduced by City Councilmember Gustafson,
seconded by City Councilmember Wachter that the T.S.P. be increased for the Drug Task Force clerical
position from 54 points to 62 points and the title changed from Clerical Technician to Secretary,
retroactive to January 1, 1990. Aye: 4, Nay: 0
UOUOR UCENSES POUCY
Mayor Egan introduced the liquor license policy review stating that the off-sale, on -sale
and fees for all liquor licenses were studied by City staff for presentation and consideration by the City
Council. Director of Finance /City Clerk VanOverbeke stated that along with Police Chief Geagan, City
Attorney Sheldon and Administrative Assistant Witt the liquor license policies were studied in detail and
proceeded to first present issues regarding the off-sale regulations.
He suggested that control of off -sale liquor licenses could be accomplished through
zoning changes or through a number limit tied to either households or population. There was
considerable discussion regarding the potential problems for existing stores if they became
nonconforming uses after an ordinance change restricting the issuance of off-sale licenses to specific
zoning classifications. Finance Director /City Clerk VanOverbeke explained that households or population
would both yield eight licenses based on April 1, 1989, Metropolitan Council estimates at one per 2,000
households or 1 per 5,000 population. The City would however be somewhat closer to the ninth
available license if the basis became population. Another issue discussed was the process of when
new licenses would be issued and whether or not any licenses becoming available from existing
businesses would or would not be subject to the same process for approval. Staff was directed to
provide additional research on implications if zoning restrictions are adopted.
After a lengthy discussion, a motion was introduced by City Councilmember Wachter
and seconded by City Councilmember Pawlenty to direct the City Attorney to draft ann ordinance
amendment incorporating the following:
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1. No more than one (1) off-sale license may be issued for each 5,000 population as determined
by the Metropolitan Council as of April 1 each year.
2. Issuance of licenses available through increased population and licenses available when off
sale stores are closed or go out of business are subject to the following general outline:
a. Applications are accepted through August 31.
b. The Police Department reviews applicants from September 1 through November 30.
c. City Council considers applications during December.
d. New licenses are effective January 1.
3. There is no limit to the number of new licenses which could be issued in one year except as
noted in number 1 above.
4. Licenses which are applied for when an existing off -sale store is sold are not subject to the
process outlined in number 2 above and will be considered independently as appropriate.
5. Any license issued in number 2 above and not activated by August 31 of the year of issuance
will be considered available to new applicants.
6. The City Council review of applications will include but not be limited to the following:
a. Financial structure
b. Overall operation
c. Proposed location
d. Traffic implications
e. Ownership restrictions
f. Previous experience of applicant
g. Residency
7. Each applicant shall display to the City's satisfaction that it has at least an option on a specific
site for the location of the off-sale store. Aye: 3, Nay: Gustafson
Director of Finance VanOverbeke continued discussion of the liquor policy by outlining
recommended changes for regulations that relate to the issuance of on -sale liquor licenses. He
presented information relating to the on -sale licenses, including a review of building valuations for the
thirteen existing license holders. Director of Finance VanOverbeke also reviewed that there were
currently licenses available as follows: three (3) for hotels /motels, one (1) for restaurants with at least
$350,000 building valuation (exclusive of leasehold improvements, equipment or common areas, and
one (1) for other restaurants. Discussion did not cover which category existing licenses would be
placed in if they became available nor did it cover how new licenses available because of population
increases would be classified. City Councilmember Gustafson spoke to the food /beverage sales
balance as a best measure to control all on -sale establishments at a quality level. It was also
suggested that the balance of food and liquor be changed to a 50-50 split and further that a financial
statement be required annually. After further review of the proposed on -sale liquor license policy, a
motion was made by City Councilmember Wachter, seconded by City Councilmember Pawlenty, to draft
an ordinance amendment incorporating the following:
1. References to hotels /motels be changed to hotels only.
2. The minimum seating capacity in the definition of a restaurant be changed from 30 to 50.
3. The food to beverage ratio be changed from 60% 40% to 50% 50
4. The current balance of available licenses be reflected in the ordinance.
Aye: 4
City Administrator Hedges stated that liquor license fees were studied and should be
presented at a public hearing. Following a brief review, Mayor Egan directed the City Attorney to review 00144
the appropriate process and the scheduling of a public hearing at a regular City Council meeting to
consider the proposed changes in license fees.
FIRE DEPARTMENT UPDATE
Fire Chief Southom and Firefighter Bill Undblade appeared and presented an update
on Fire Department operations starting with a historical perspective, profile of a firefighter, commitment
by the Fire Department personnel toward operations and training requirements for each firefighter.
Chief Southom further explained goals and objectives for the Fire Department including
the recognition and designation of a chaplain, implementation of the Fire Explorer program and
establishing a capital building program for the relocation of Fire Station #2 and construction of Fire
Station #6. Chief Southom informed the City Council that Fire Station #2 is somewhat isolated in the
industrial park and due to recent road improvements, including 1-35E, the response time has decreased
for firefighters responding to that station. He provided drawings to illustrate reasons for relocating Fire
Station #2 and the need for Fire Station #6 which should fulfill the number of fire stations that will be
required in the community. The City Councilmembers asked a number of questions regarding fire
operations and more specifically the projected capital needs for relocating Fire Station #2 and the
construction of Fire Station #6 and concluded the discussion by thanking Chief Southom and Bill
Undblade for the excellent presentation.
BLACKHAWK PARK
Director of Parks and Recreation Vraa presented a history of Blackhawk Park that
included a chronology of land acquisition and on -site development. He stated that Blackhawk Park is
considered a community park in the park's master plan and is scheduled for combined active /passive
development in 1990. Director of Parks and Recreation Vraa also added that the Eagan Lions Club is
a willing financial participant in the construction of the shelter building estimating that $80,000 to
$100,000 has been pledged by the Lions Club for the facility. Administrator Hedges indicated the Lions
Club wish to use the park for July 4th activities and the building for boy scout overnights. Concern
was expressed for this site for this type of activity. Director of Parks and Recreation Vraa introduced
Pat Jolstad who presented a number of opportunities for the development of the park. Park Planner
Sullivan also presented options for the development of the park that included both passive and active,
stating that the park would essentially remain in its present form but would include a road access and
shelter facility that provides use by the community. Vraa presented a framework for processing park
development plans for Blackhawk Park, providing for community input. Councilmember Gustafson and
Pawlenty suggested that the Advisory Parks and Recreation Commission establish use goals for the
park first before having the public meeting.
April 26, 1990
OTHER BUSINESS
There were no items of Other Business.
ADJOURNMENT
The meeting was adjourned at approximately 9:20 p.m.
TLH