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06/10/2003 - City Council Special MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 10,2003 5:30 P.M. COMMUNITY ROOM EAGAN CITY HALL ROLL CALL AND AGENDA Members present: Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were staff members: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Fire Chief Jensen, Police Captain McDonald, Senior Planner Ridley and City Attorney Dougherty. Mayor Geagan opened the meeting and recognized the passing of Gunnar Isberg, a long time Eagan resident who was very involved in the community. The City Council and audience observed a moment of silence in honor of Isberg. City Administrator Hedges noted two additions to be discussed under Other Business: 1.) Silver Bell Liquor violations; and 2.) Correspondence to the DNR regarding the Natural and Scenic Area Grant application. The City Council, per the recommendation of City Administrator Hedges, also continued item V. regarding the consideration of an ordinance amendment regulating fireworks displays and fireworks sales. Councilmember Maguire moved; Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 3 Nay: 0 (Councilmembers Carlson and Tilley were not yet present.) VISITORS TO BE HEARD There were no visitors to be heard. FINDINGS OF FACT / WELSCH CONSTRUCTION FOR A PLANNED DEVELOPMENT AMENDMENT TO AMEND THE DESIGN OF THE SECOND MONUMENT SIGN ON LOT 1, BLOCK 1, GATEWOODS ADDITION LOCATED AT 1185 TOWN CENTRE DRIVE City Administrator Hedges introduced the item noting that typically this sort of item would be on a regular agenda. However, given the 60 day clock, action was needed at this meeting. Councilmember Maguire moved; Councilmember Fields seconded a motion to adopt the Findings of Fact. Aye: 3 Nay: o (Councilmembers Carlson and Tilley were not yet present.) CONSIDER NO PARKING REGULATIONS FOR BRADDOCK TRAIL City Administrator Hedges introduced the item noting that at the May 20th City Council meeting additional parking restrictions within the Stafford Place neighborhood and Braddock Trail were discussed as a formal agenda item. Per the Council's request, the agenda item was added in the event Special City Council Meeting Minutes June 10, 2003 Page 2 the Council chose to reconsider the action taken at the May 20th Council meeting. Mayor Geagan noted that he met with residents of Braddock Trail. Mayor Geagan informed the audience that a letter was sent by the City on June 5th as an update on the permit parking revisions and Braddock Trail re-striping. Following his meeting with residents of Braddock Trail, the Mayor sent out additional correspondence to summarize the meeting. Public Works Director Colbert presented a summary on the action taken thus far regarding Braddock Trail. Three residents of Braddock Trail addressed the City Council with their concerns about signage being installed along Braddock Trail. Councilmember Tilley arrived at 5:50 p.m. The City Council discussed the issues regarding re-striping, crosswalks, and signage along Braddock Trail. Three additional residents of Braddock Trail addressed the City Council with their concerns about the crosswalks, mailboxes, and the need for a safety zone for kids on the comer of Braddock Trail. Councilmember Tilley moved; Councilmember Fields seconded a motion to rescind the City Council direction from May 20, 2003. Aye: 4 Nay: 0 (Councilmember Carlson not yet present) Mayor Geagan moved; Councilmember Fields seconded a motion to approve the recommendations voiced at the June 5th meeting of the Braddock Trail residents, which included: . Permitting and striping will remain the same as currently configured . No speed bumps . Designate no-parking from the intersection of North Pennsylvania Avenue to Northview Park Road on the east side of Braddock Trail . Stress police enforcement of both speed and the no-parking by mailboxes . Do not remove or change the existing signage . Eliminate bagging signs for special events . Hold the parking lane striping back at a distance to be based on an engineering study in each direction at every intersection to provide better sight distances for vehicles entering Braddock Trail . No pedestrian crosswalks Councilmember Carlson arrived at 6: I 0 p.m. Aye: 4 Nay: 0 (Councilmember Carlson abstained.) The City Council discussed a new ordinance regarding "parking by permit only" for Stafford Place. City Attorney Dougherty presented permit options from other cities. The City Council discussed the ordinance and staff was directed to provide Council with specific options for a permitting process before an ordinance is formulated. The item was directed to the June 24th Special City Council workshop. Special City Council Meeting Minutes June 10, 2003 Page 3 CONSIDERATION OF ORDINANCE AMENDMENT REGULATING FIREWORKS DISPLAYS AND FIREWORKS SALES This item was continued to a later date. CONSIDER DRAFT ALCOHOL POLICY TO REGULATE SPECIAL EVENTS I CAPE City Administrator Hedges opened the item noting that at the May 13th Special City Council meeting, members of CAPE (Changing Alcohol Policies at Events) addressed the City Council regarding their request that the City of Eagan review and prepare a list of procedures for temporary malt liquor licenses and temporary on-sale licenses. Members of CAPE presented a brief summary of their recommendations. City Attorney Dougherty suggested that their recommendations be in an ordinance in order to be enforced. Police Captain McDonald concurred with City Attorney Dougherty's position. The City Council discussed CAPE's recommendation and the possibility for an ordinance amendment. The Council also discussed whether alcohol should remain in a designated area at special events. Councilmember Tilley moved; Councilmember Fields seconded a motion to direct the City Attorney to prepare an ordinance amendment to the temporary malt liquor license and temporary on-sale liquor license provisions, per the recommendations of CAPE, to be presented to the City Council at the June 17, 2003 City Council meeting. The Council also directed that the resource packet provided by CAPE be included with all liquor license applications. Aye: 5 Nay: 0 REQUEST BY DAKOTA WOODLAND TO WAIVE FEES FOR JUNE 28 SOFTBALL TOURNAMENT City Administrator Hedges introduced the item noting that the City received a request from representatives of Dakota Woodland to waive the field/facility use fee for their June 28 fund raising softball tournament. The City Council discussed the request of Dakota Woodlands and stated what the City does for one they must do for all and, therefore, could not waive the fee. The Council thanked Dakota Woodlands for the service they provide to the community. Councilmember Carlson moved; Councilmember Maguire seconded a motion to deny the request of Dakota Woodlands to waive the field/facility use fee for their June 28 fund raising softball tournament. Aye: 5 Nay: 0 REVIEW MASSAGE THERAPY ESTABLISHMENT AND MASSAGE THERAPIST LICENSE FEES City Administrator Hedges introduced the item noting that this item came to the Council's attention at the May 13 Special City Council meeting when the cap on the number of massage therapy establishment licenses was discussed. Dave Ragsdale, Vice President of Keep in Touch, addressed the City Council noting that the license fees, business fees, background charge, and therapy fees were all high in comparison to nearby cities. The City Council discussed Mr. Ragsdale's concerns. Councilmember Maguire moved; Councilmember Fields seconded a motion to reduce the therapist background check fee from $200 to $100. The City Council discussed the motion. Councilmember Tilley suggested $75 rather than $100. Aye: 4 Nay: 1 (Tilley opposed) Special City Council Meeting Minutes June 10, 2003 Page 4 Councilmember Carlson moved; Tilley seconded a motion to reduce the annual therapist license fee from $50 to $25. Also included in the motion was the action to not change the initial business license fee, the annual business license fee, the business background check fee or the initial therapist license fee. Aye: 5 Nay: 0 CONSIDER ZONING CATEGORIES FOR CURRENCY EXCHANGE OPERATIONS City Administrator Hedges introduced the item noting that the City Council briefly discussed an ordinance amendment related to currency exchange operations at the May 22, 2003 City Council meeting, where the item was directed for further discussion to the June 10 work session. Senior Planner Ridley summarized the item noting that the City Attorney had modified the amendment to mirror the adult use ordinance in regard to protected uses. The City Council discussed the modified amendment. Councilmember Carlson moved; Councilmember Tilley seconded a motion to direct the City Attorney to prepare an ordinance amendment to include a change to No.3 in the draft Ordinance Amendment to read "No currency exchange business shall be located closer than WOO (change to 200) feet to any existing currency exchange business, secondhand goods stores or pawn shop, daycare facility, on or off sale liquor establishment, park or public facility or residential property, including R-4 (residential multiple district) properties". Aye: 5 Nay: 0 CONSIDER ORDINANCE AMENDMENT ALLOWING 2:00 A.M. CLOSING FOR ON-SALE LIQUOR ESTABLISHMENTS City Administrator Hedges introduced the item noting that the recently passed state legislation regarding the 2:00 a.m. closing time for on-sale liquor establishments goes into effect on July 1,2003. Currently, the Eagan City Code states a 1 :00 a.m. closing time which would remain in effect unless the City chose to extend the closing time to 2:00 a.m. The City Council discussed the proposed ordinance amendment and inquired as to whether the City could provide a separate license for those establishments that wish to stay open between 1 :00 and 2:00 a.m. The City Attorney suggested that a separate fee probably is not appropriate, rather an across the board change would be more effective. The City Council inquired with Captain Jim McDonald regarding enforcement between I :00 a.m. and 2:00 a.m. and whether or not he anticipated a significant change. Captain McDonald noted there have not been major problems in those time periods and did not anticipate a significant difference in enforcement. The City Council directed staff to inquire with neighboring communities as to how they ware handling the 2:00 a.m. closing time and to set a date to bring this item back to the City Council, at which time license holders would be noticed to inform them of the City Council's consideration of the item. The Council also directed that staff obtain a copy of the survey currently being conducted by the ECVB regarding the 2:00 a.m. closing time. CONSIDER CONCEAL AND CARRY LIABILITY AND PUBLIC BUILDING RESTRICTIONS City Administrator Hedges introduced the item noting two items before the Council's consideration. First, the liability issues associated with the conceal and carry legislation, and second, direction on whether City employees should be allowed to carry weapons on City property. City Attorney Dougherty addressed the liability issues noting that the City is not permitted to stop a third party from carrying a weapon onto City property unless the person is a City employee. The City Council discussed the conceal and carry liability. Special City Council Meeting Minutes June 10, 2003 Page 5 Councilmember Carlson moved; Councilmember Tilley seconded a motion to post signs stating guns are not welcome here, to be consistent with the City of Duluth signs. The Council directed that signs be posted on major City buildings. Aye: 5 Nay: 0 The City Council also discussed whether restrictions should be placed on the ability of employees to carry weapons on City property. Council directed staff to monitor the activity of the League of Minnesota Cities for a suggested personnel policy. CONSIDER STAFF RESEARCH ON CREATING A SEPARATE ECONOMIC DEVELOPMENT AUTHORITY City Administrator Hedges introduced the item noting the powers that the Economic Development Authority has. The City Council discussed the EDA's authority and it was the Council's consensus to retain these authorities by continuing to serve as the EDA. OTHER BUSINESS 1. Silver Bell Liquor City Administrator Hedges provided a background on the recent violations of Silver Bell Liquor. City Attorney Dougherty noted that the City has a responsibility to provide administrative hearings before taking action on penalty and/or revocation of the license. The City Council directed this item back to the June 17 meeting. 2. Correspondence. DNR City Administrator Hedges presented a letter to Peggy Booth, DNR Community Assistance Manager, regarding the City's application for the Natural and Scenic Area Grant to be used for the acquisition of the Anderson parcel. Councilmember Carlson noted that she had been contacted by a member of Friends of Patrick Eagan Park, asking that an outline be prepared regarding the likelihood of funding being secured for the acquisition of the Anderson parcel. The City Council directed staff to send additional correspondence to Peggy Booth to present the City's "Funding Roadmap". The Council directed that the letter be sent in certified mail to Ms. Booth by June 28. ADJOURNMENT Councilmember Tilley moved; Councilmember Carlson seconded a motion to adjourn the meeting at 8:15 p.m.