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01/30/1990 - City Council SpecialMINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 30, 1990 A special meeting of the Eagan City Council was held on Tuesday, January 30, 1990, at 5:30 p.m. at the Eagan Municipal Center building. Present were Mayor Egan and City Councilmembers Gustafson, McCrea, Pawlenty and Wachter. Also present were Director of Finance VanOverbeke, Administrative Assistant Witt, City Attorney Sheldon, Director of Public Works Colbert, Parks Superintendent VonDeLinde, Director of Parks and Recreation Vraa and City Administrator Hedges. ON SALE /OFF SALE LIQUOR LICENSE POLICY City Administrator Hedges stated that by action of the City Council at the December 5, 1989 regular Council meeting, a moratorium was placed on the consideration of both on -sale and off -sale liquor licenses until the City Council had an opportunity to discuss the liquor license policy /ordinance as it pertains to both types of liquor licensing. He stated that the City Clerk's office has completed a chronology for both on -sale and off -sale liquor licenses which also includes a historical review of various policies that have existed for the issuance of both off -sale and on -sale liquor licenses. The City Administrator recommended for discussion purposes that the off -sale and on -sale liquor license policies be discussed separately. Director of Finance VanOverbeke provided a brief history on various City policies relating to the issuance of off -sale liquor licenses stating that the most recent policy was adopted on July 15, 1986 that considered four (4) specific conditions that establish policy for the issuance of off -sale liquor licenses. City Councilmembers discussed the four (4) conditions and raised several issues of interpretation regarding condition #3 "No additional off -sale liquor license will be approved until August 1 of each year, commencing on August 1, 1988 The Director of Finance stated that this condition was interpreted by staff as a one -time transition, allowing any number of licenses to be issued after the August 1, 1988 date as long as the number of licenses conformed to the ratio of one license for each 2,000 households listed under condition #1. Mayor Egan and City Councilmember Wachter indicated the difference to the interpretation stating that the City could only consider one license each year after the August 1 date, assuming that the license application conforms to the other conditions. There were a number of guidelines discussed by the City Council that included a tightening of the regulations by the re- establishing of geographic boundaries to a complete relaxing of all guidelines to a total deregulation of all guidelines. Mayor Egan allowed testimony and comments from the audience who included Martin Colon, representative of Federal Land Company and David Perrier, who specifically addressed the need for retaining off -sale liquor licensing regulatory provisions. Members of the City Council discussed zoning as a control if the purpose of adding additional criteria is to prevent blight associated with too many off -sale liquor stores. After a lengthy review and discussion of various regulatory language, City Councilmembers concurred that additional research was required by the City Attorney with the understanding that the two (2) pending off -sale liquor license applications would be segregated from the research and considered by the City Council at the February 20 meeting. After further review and a motion by Mayor Egan, seconded by Councilmember Wachter, the two (2) pending applications can proceed for review and consideration by the City Council at the February 20 meeting independent of the research to be conducted by the City Attorney with the understanding that any issuance of an off -sale liquor license would not be granted until after August 1, 1990. Those voting aye were Mayor Egan and City Councilmembers McCrea, Pawlenty and Wachter. Voting nay was City Councilmember Gustafson. City Councilmember Gustafson stated that it is his opinion that there is no language in the August 1, 1986 City Council minutes that restrict the issuance of an off -sale liquor license to one per year after the August 1 date. ON SALE LIQUOR LICENSE Mayor Egan asked the City staff to proceed on with the discussion regarding issuance of on -sale liquor licenses. City Administrator Hedges stated that the City Code regulations allow no more than eighteen (18) on -sale licenses and provide a specific breakdown as to how those licenses could be distributed to qualified applicants. He stated that there are currently thirteen (13) active on -sale licenses and that three (3) remaining licenses are reserved for hotel /motel while one (1) license is for restaurants with more than $350,000 valuation and the remaining license is for "other restaurant Chief of Police Geagan appeared and discussed City Code regulations regarding the issuance of on -sale licenses stating that the Police Department would prefer that the City Council avoid a heavy geographic concentration for the issuance of on -sale licenses. He further suggested that the City Council consider policies that address regulations that insure a quality restaurant with an on -sale establishment. Al Baker, representing Al Baker's Restaurant, appeared and recommended that the City continue criteria that guarantee restaurants with a large seating capacity for food service as a prerequisite to the issuance of an on -sale liquor license. After deliberation by the City Council, a motion was made by City Councilmember Pawlenty, seconded by Councilmember Wachter, with all members voting in favor that the City Clerk and City Attorney be directed to tighten up the on -sale liquor license policy that addresses certain criteria for the issuance of an on -sale liquor license and further that the recommended policy be referred back to the City Council for further consideration. WATER QUALITY MANAGEMENT PLAN UPDATE City Administrator Hedges provided a brief history on the preparation of the Water Quality Management Study stating that the City Council in 1986 directed the study as a response to a number of environmental questions that were raised by various advisory commissions and the City Council about the long -term impact in quality of ponds and lakes throughout the community. He further stated that during the past three (3) years, the Gun Club Watershed District was formed and through a series of meetings, hiring of a consultant and many public meetings, the document was completed and presented to the appropriate agency to view. Director of Public Works Colbert reviewed the Water Quality Management Plan in detail explaining the inventory, classification of water bodies, the computer modeling, water quality policies and recommendations, requirements of new developments, education, priorities for action in water bodies, monitoring and specific recommendations for improving water quality as measured by the clarity and phosphorous concentrations. Director of Public Works Colbert also stated that phosphorous removal /treatment is very important to water quality and will require an extensive education with residents. The Director of Public Works in reviewing the recommendations covered thirteen (13) specific objectives that range from testing measures and public education to phosphorous -free fertilizer and additional street sweeping. He further reviewed a procedure for prioritization that includes a point distribution for each of the procedures that are recommended in the study. The Director of Public Works presented short -term water quality improvements ranging from monitoring and studies of certain ponds to actual construction of nutrient treatment and storm water detention basins. Superintendent of Parks and Recreation VonDeLinde reviewed implementation strategies by addressing education programs, water quality monitoring, lakes /ponds management, program administration and the implementation of certain resources that involve citizen initiatives, staff coordination and many other organizations. He stated that two (2) specific reasons to implement the water quality strategies are preservation of existing water bodies and corrective action on those ponding areas that have been impacted. There were questions raised about the staffing functions and which commission is the appropriate authority to manage the water quality program. City Councilmember McCrea recommended that the City prioritize the various management strategies and provide a recommendation to the Advisory Parks and Recreation Commission and City Council. City Administrator Hedges stated that like all programs, implementation of the Water Quality Plan is a cost to the community. He stated that other communities have adopted and implemented a storm water and drainage utility fee which is billed to each resident on a quarterly basis to fund and manage a water quality program for their community. City Councilmembers stated that implementation of the storm water utility rate will be regarded by many residents as an additional tax and suggested that any information that is publicized should include that understanding. It was further recommended by Councilmembers that a group of residents, possibly Advisory Commission members, be asked to react to the draft brochure and publicity about the proposed storm water management plan and funding mechanism. Once their input is received, the City should consider the assistance of a public relations specialist to review the final information and data that is distributed to the public. After further discussion, a motion was presented by City Councilmember Wachter, seconded by Councilmember Gustafson, with all members voting aye, that a public hearing be set at a date to be announced for further consideration of a funding mechanism to allow for the implementation of the water quality management plan as presented. PCA GRANT FOR SCHWANZ LAKE Director of Parks and Recreation Vraa stated that the grant application that was authorized by the City Council for a diagnostic feasibility study for water quality in Schwanz Lake has received acknowledgement for funding during 1990. He stated that the project is estimated at $52,000 and the grant is for 50 percent of that amount. The City Administrator stated that the storm water utility fund, if established, would be the City's source of financing for this pilot study or, as an alternative, the parksite fund. In a motion by City Councilmember McCrea, seconded by Councilmember Wachter, with all members voting in favor, City staff was directed to proceed with execution of the grant application to provide a diagnostic feasibility study for water quality in Schwanz Lake and the City's portion of that financing will occur from a future storm water utility fund or parksite development fund. a 6Ck O Dated COMPREHENSIVE DRAINAGE PLAN Director of Public Works Colbert stated that the 1990 update to the City's Comprehensive Drainage Plan, previously referred to as Comprehensive Storm Sewer Plan, has been completed. He stated that during past condemnations and assessment hearings, the City has been challenged on the fact that past plans have never been presented nor adopted as a part of a formal public hearing process, even though it designates park acquisition /dedication on private property throughout the community. City Administrator Hedges suggested that the City Council consider a public hearing at which time the Comprehensive Drainage Plan is presented as a formal document to the community. After a brief discussion and a motion by City Councilmember Gustafson, seconded by Councilmember McCrea, with all members voting in favor, a public hearing was set for a date to be announced to consider the City's update of the Comprehensive Drainage Plan. ARCHITECTURAL DESIGN POLICY Director of Community Development Runkle presented a draft architectural design policy that provides regulations for commercial and industrial development. He further referenced a survey that was completed with several metropolitan communities that provides a synopsis of building material requirements for both commercial and industrial development in those communities. City Councilmembers discussed the relevance of a permanent building finish and mechanism in which materials can be listed as a key to quality design. After further discussion Mayor Egan advised that the Community Director provide additional information on the proposed architectural design and report back to the City Council at a future work session. OTHER BUSINESS There were no other items for business. ADJOURNMENT The meeting adjourned at approximately 10 :00 p.m. TLH