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04/26/1990 - City Council SpecialMINUTES OF A SPECIAL MEETING EAGAN CITY COUNCIL Eagan, Minnesota April 26, 1990 00142 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: 00143 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