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MINUTES SPECIAL CITY COUNCIL MEETING ~" v ~' ~ ~~ MAY 1, 1985 PAGE 4 Council reviewed the proposed liquor ordinance and discussed at length establishing a ratio of food to liquor based on cash receipts, seating or both, the number of on sale liquor licenses to be allowed, whether or LIQUOR not to allow both "on" or "off" sale of non-intoxicating malt liquor ORDINANCE in the same establishment, or the possible phasing out of the latter. DISCUSSED The possibility of holding a public hearing for estabishments affected by the ordinance was discussed after which Mayor Eggert moved, seconded by Councilmember Hard, that the ratio of 70/30 be established on seating plus 60/40 on total receipts, that bar seats be in a definable space, that issuing "on" sale and "off" sale non-intoxicating malt liquor licenses to one establishment be phased out at the end of 1986, that a ratio of 40/60 be established for service/entertainment type businesses serving non-intoxicating malt liquor, and that a hearing be scheduled for June 12, 1985 at 6:30 P.M. (all affected businesses to be notified). Motion carried unanimously. Attorney Van de North will redraft the ordinance to reflect the above requirements and present it for final review on May 22, 1985. Engineer Schunicht presented the plan for shared lighting between the BULLSEYE/ Embers and Bullseye Golf and explained that the Henry Kristal, owner of EMBERS the Embers requested that they be allowed to keep ,the two 1,000 watt SHARED lights as they advertise the fact that his establishment is open 24 LIGHTING/ hours a day, and also prevents loitering around the building. Council PARKING agreed. Mr. Schunicht indicated the owners may have some difficulty in APPROVED agreeing on sharing the cost of the new lighting and Council agreed that the matter is one for Mr. Kristal and Mr. Hunt to negotiate. Mayor Eggert moved, seconded by Councilmember Hard, that the shared lighting/ parking plan be approved as presented, and Engineer Schunicht was directed to draft a letter to Mr. Kristal and Mr. Hunt advising that the plans have been approved, and that cost negotiation is up to the owners. Motion carried unanimously. Council reviewed the proposed development agreement with 1666 Coffman 1666 and requested several changes/corrections. Mayor Eggert then moved, COFFMAN seconded by Councilmember Hard, that the meeting be extended until the DEVELOPMENT development agreement discussion is completed, and items 5(p) and 5(q) AGREEMENT have been addressed. Motion carried unanimously. MEETING EXTENDED Council resumed the discussion of the development agreement after which the City Attorney was directed to research suggested changes, make necessary DEVELOPMENT corrections, and provide Council with the redraft for the May 8, 1985 AGREEMENT meeting. FOR 5/12 AGENDA Councilmember Baldwin commented on the advertising flyer distributed by Roc-A-Fellas Arcade and asked if that sort of advertising might be prohibited in the liquor ordinance. Attorney Van de North was of the ATTORNEY TO opinion that it might be considered a restraint of business speech, and DRAFT recommended that the owner of the establishment be made aware of the fact LETTER TO that Council is not pleased with the advertising material. Council ROC-A-FELLAS then authorized the City Attorney to draft a letter to Roc-A-Fellas RE: expressing Council's concerns, such letter to be reviewed by Council at ADVERTISING the May 8th meeting. FLYER