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01/09/2015 - City Council SpecialSPECIAL CITY COUNCIL MEETING TUESDAY JANUARY 13, 2015 5:30 P.M. EAGAN ROOM -EAGAN MUNICIPAL CENTER AGENDA I. ROLL CALL AND ADOPTION OF THE AGENDA II. VISITORS TO BE HEARD III. JOINT MEETING WITH EAGAN'S LEGISLATIVE DELEGATION IV. INDOOR SHOOTING RANGE ORDINANCE REVIEW V. ARTS PLANNING PROCESS REPORT VI. IMPACT OF THE OUTLET MALL ON POLICE DEPARTMENT AND OTHER CITY SERVICES VII. OTHER BUSINESS VIII. ADJOURNMENT Agenda Information Memo January 13, 2015 Special City Council Workshop III. Joint Meeting With Eagan's Legislative Delegation Action to be Considered: No formal action is needed. Eagan's legislative delegation has been invited to the workshop to dialogue with the Council regarding legislative issues of importance during the 2014 session. Facts: ➢ The City of Eagan is represented by State Senators Jim Carlson, District 51 and Jim Metzen, District 52, along with State Representatives Sandy Masin, District 51A; Laurie Halverson, District 5113; and Joe Atkins, District 52B. ➢ It is the tradition of the City Council to meet with the Legislative delegation at the first Council workshop in January. Invitations were sent on November 19, 2014 to each member of the delegation inviting them to attend the January 13 workshop. ➢ In addition to the many legislative priorities the City of Eagan supports through its membership with the LMC, MLC, and Metro Cities, the enclosed list of legislative priorities and positions has been established to serve as a discussion guide for the joint meeting. This list is not intended to be comprehensive of every legislative issue important to the City; however, it does represent the more critical issues facing the City. ➢ The enclosed legislative positions and priorities were reviewed by the Council in December and formally approved at the January 6, 2015 City Council meeting. ➢ The legislative positions and priorities were emailed to each member of the legislative delegation on January 7, 2015. ➢ State Representatives Halverson and Masin, along with State Senator Carlson, responded that they would be in attendance at the January 13 workshop. Representative Atkins is out of town and unable to attend. The City did not receive a response from Senator Metzen as of January 8. Attachments (2): ➢ 111-1 2015 City of Eagan Legislative Priorities with talking points ➢ III -2 2015 Legislative Positions City of Baran 2015 Legislative Priorities 1. Extend the length of the Cedar Grove Tax Increment Financing (TIF) District term by up to 10 years. Talking Points: • The Cedar Grove site is Eagan's top redevelopment priority. • Paragon recently constructed and opened a 409,000 SF outlet center on the site, which has: • Created approximately 700 FTE retail jobs, generating around $2 million in payroll taxes. • An estimated 960 construction jobs were created when the outlet center was constructed. • The Eagan Economic Development Authority (EDA) constructed a $19 million structured parking facility with 1,550 stalls. It is designed to accommodate a third parking deck if additional density can be achieved. • Total investment to date in Cedar Grove is approximately $196 million: • Public investment is approximately $62.4 million • Private investment on projects to date is $133.5 million • Legislation passed in 2014 unfroze the tax rate in the district, which improved the district's projected financial position, but the project is experiencing a funding gap of $13 million, primarily due to the recent recession. • The gap can be fixed by extending the term of the district by up to 10 years. • The City requests that only City and County approval be required for the extension because it is revenue neutral to the School District. 2. Ensure levy limits are not imposed in the coming year. Talking Points: • The 2013 Legislature imposed a one -year levy limit on cities over 2,500 in population. Levy limits undermine local budgeting processes, planned growth, and the relationship between locally elected officials and their residents by allowing the state to decide the appropriate level of local taxation and services, despite varying local conditions and circumstances. 3. In partnership with Dakota County, support the following transportation funding initiatives: a. Increase funds dedicated to the MN Highway User Tax Distribution Fund (HUTDF) for highway and bridge purposes. b. Provide additional sources of capital and operating funds to enhance development and operation of the Regional Transitway System. c. Maintain the autonomy of the Counties Transit Improvement Board (CTIB) and grant authority to the counties participating in CTIB to impose an additional one - quarter percent sales tax (Counties participating in CTIB that have voluntarily imposed a one - quarter percent sales tax are not afforded the opportunity that all other counties have to impose up to one -half percent sales tax for transportation and transit purposes). 2015 City of Eagan Legislative Priorities Page 2 d. Allocate up to one - quarter percent of any state - imposed transit sales tax increase (above the existing one - quarter percent) to Dakota County, with autonomy granted to the County Board to determine how best to allocate those funds. e. Dedicate 100% of Leased Motor Vehicle Sales Tax (LMVST) to transportation purposes and maintain the current 50/50 split between suburban counties and greater Minnesota transit. f. Authorize new user fees to address the impact of heavy commercial vehicles. Talking Points: • Eagan is the largest city in Dakota County, representing approximately 66,301 people of the County's total 400,000 citizens. • The County's cost of providing highway infrastructure is projected to total nearly $1.25 billion through 2030. An additional $500 million will be needed to carryout planned transit projects. • Under the current financing structure between the State and County, Dakota County will have a funding shortfall of $500 million. • This shortfall means that funding from Dakota County taxpayers will continue to supplement regional transportation needs that are generally included in the State Trunk Highway system. 4. Oppose any DNR efforts to significantly increase water appropriation fees or mandates to require surface water as drinking water as both would increase City utility /water rates. Talking Points: • The DNR's efforts to mandate surface water as drinking water will likely be considered in the legislature this session for cities in the Northeast metro. • Eagan is concerned that if this legislation passes for other communities, it is only a matter of time before the mandate is applied to other cities, including Eagan. • The mandate is anticipated to cost the State of Minnesota $270 million, which is funding that could be used to meet other serious water needs in our communities. • If such a mandate were to be placed on Eagan, it is estimated that water rates would be three to four times higher than current rates. 2015 Legislative Positions The following are the City of Eagan's 2015 Legislative positions. To avoid repetition, this list does not restate all of the initiatives addressed through policy documents set forth by the League of Minnesota Cities (LMC), Metro Cities, or the Municipal Legislative Commission (MLC). The positions in bold print are priorities of the City for the coming legislative session. The City of Eagan respectfully requests the support of our Legislative delegation on the following initiatives: 1. Support a Strong Fiscal Relationship Between the State and Local Governments A. Ensure levy limits are not imposed again in the coming year. Support Policies that Encourage Regional and Local Economic Development A. Extend the length of the Cedar Grove Tax Increment Financing (TIF) District term by up to 10 years. B. Expand Tax Increment Financing (TIF) criteria under which production of information technology products (e.g. software, online publications, etc.) may be defined as manufacturing for TIF purposes in order that cities can attract such businesses to the State of Minnesota. C. Consider appropriate changes to Minnesota's "area served" legislation to encourage fiberhoods and more deployment of ultra -high speed broadband to Minnesota cities, while retaining the cable franchise requirement for the distribution of video content utilizing public rights of way. D. Modify tax code to financially incent the expansion and renovation of existing and smaller -scale data centers in the State (current threshold for tax advantages when renovating an existing data centers is $50 million, which is detrimental to companies such as Unisys and Thomson Reuters). E. Ensure that any building code changes pertaining to new construction are consistent with State broadband goals to support enhanced broadband capability. F. Ensure the Department of Commerce's Office on Telecom & Broadband also focus broadband deployment efforts on metro and regional job centers like Eagan so we can compete with world class broadband speeds. With other states and regions moving ahead on gigabit fiber to the home, the state lacks incentives for firms to provide such services in the Twin Cities region. 2015 City of Eagan Legislative Positions Page 2 G. Support a study of how to position our region's critical infrastructure, like the 511 Building in Minneapolis (the main pathway to Chicago for most Internet traffic), in the event of cyber terrorism or natural disruptions. 3. Support local and regional transportation and infrastructure initiatives. A. In partnership with Dakota County, support the following transportation funding initiatives: a. Increase funds dedicated to the MN Highway User Tax Distribution Fund (HUTDF) for highway and bridge purposes. b. Provide additional sources of capital and operating funds to enhance development and operation of the Regional Transitway System. c. Maintain the autonomy of the Counties Transit Improvement Board (CTIB) and grant authority to the counties participating in CTIB to impose an additional one - quarter percent sales tax. (Counties participating in CTIB that have voluntarily imposed a one - quarter percent sales tax are not afforded the opportunity that all other counties have to impose up to one -half percent sales tax for transportation and transit purposes). d. Allocate up to one - quarter percent of any state - imposed transit sales tax increase (above the existing one - quarter percent) to Dakota County, with autonomy granted to the County Board to determine how best to allocate those funds. e. Dedicate 100% of Leased Motor Vehicle Sales Tax (LMVST) to transportation purposes and maintain the current 50/50 split between suburban counties and greater Minnesota transit. f. Authorize new user fees to address the impact of heavy commercial vehicles. B. Support funding for investments to enhance the Red Line Bus Rapid Transit (BRT). C. Promote trail connectivity in Eagan and the surrounding region by supporting funding for the River to River (Minnesota to Mississippi) Greenway, Mendota - Lebanon Greenway, and the Minnesota River Greenway (a corridor within the larger Minnesota Valley State Trail proposal). D. Require MnDOT to maintain state right -of -way and parcels acquired for state or federal highway transportation purposes located within city limits in a manner consistent with local ordinances. Alternatively, require MnDOT to reimburse Minnesota cities for the labor, supplies, and equipment necessary to maintain state right -of -way and parcels to meet city standards or minimize public safety hazards. This includes highways, traffic signals, trails, retaining walls, storm sewer /drainage systems. E. Authorize cities to create additional public infrastructure utilities, such as a street or sidewalk utility for a Street Improvement District, to address funding for building and maintaining necessary infrastructure outside of the limitations of existing special assessment authority and Municipal State Aid. 2015 City of Eagan Legislative Positions Page 3 F. Support enabling legislation to allow schools to use school district transportation funding off -site (for trail plowing around schools in partnership with communities). 4. Support tools to ensure effective local government service delivery. A. Oppose any DNR efforts to significantly increase water appropriation fees or mandates to require surface water as drinking water as both would increase City utility /water rates. B. Support the establishment of wellhead protection areas or drinking water supply management areas (DWSMA) to prevent well drillers from placing private wells within the zone of the community water supply. C. Maintain the current Building Code amendment process, which balanced the interests of the public, industry, and building officials. Oppose industry efforts to oversee building codes through the use of "Code Councils ". Agenda Information Memo January 13, 2015 Special City Council Meeting IV. Ordinance Amendment Considerations For Indoor Gun Ranges Direction To Be Considered: To provide direction to staff and the City Attorney regarding the possibility of formally considering an amendment of the City Code to permit indoor gun ranges. Facts: ➢ City staff has been approached by an individual named O'Neal Hampton regarding his interest in the possibility of locating an indoor gun range in the City of Eagan. At a City Council Listening Session in early 2014, staff asked whether the City Council wished to consider the matter and direction as provided to prepare background on the matter and related public policy issues for further discussion at a Council workshop. That information was provided for discussion at the workshop meeting of August 11, 2014. ➢ Staff research has determined that an indoor gun range could be considered to be indoor recreation and, as such, would be a permitted use in the Limited Industrial (1 -1) zone. The activity itself is prohibited, though, by City Code Section 10.10, which prohibits the discharge of firearms within the City. The West End Fishing and Hunting Club in southeast Eagan and the Police firing range in west Eagan are grandfathered /exempted from this regulation. ➢ The City Council provided the direction outlined in the workshop minutes that are attached and staff and the City Attorney have prepared a draft ordinance amendment reflecting that direction. ➢ Staff has provided an opportunity for Mr. Hampton to review the draft and provide feedback in its regard. Discussions have determined that the general intent of the ordinance sections are reasonable and discussions are ongoing as to the best means of defining or implementing the sections pertaining to: limiting use of the range to people who are legally entitled to do so, objective standards to define a reliable, quality video and security system, standards for securing fire arms and ammunition outside of business hours and means of maintaining records of fire arms purchases and making them available to local law enforcement. ➢ Following a news article concerning the preliminary discussion of the ordinance, three residents submitted written comments regarding the matter. They have been informed the item will be before the Council at Tuesday's workshop. Attachments: (3) SPCCIV -1 August 11, 2014 City Council Workshop Minutes SPCCIV -2 Draft Ordinance Amendment regarding Indoor Gun Range Licensing and Regulations SPCCIV -3 Public Written Comments SPERRY TOWER DRAFT FEASIBILITY REPORT City Administrator Osberg introduced the item noting on June 4, 2013, the City Council adopted the 5- year Capital Improvement Plan for Public Works Infrastructure, and authorized the initiation of the public improvement process for the 2014 programmed improvements. The resolution of the Sperry Tower was scheduled for 2014 as part of this CIP. Public Works Director Matthys noted on February 11, 2014, City staff presented the results of an on -line citizen survey to the Council. Survey results indicated strong support for replacing the water tower with an attractive communications tower. Matthys presented the preliminary design options for replacement of the existing structure. Matthys noted feedback from the Council will assist with the preparation of a feasibility report. The Council discussed the design options. It was the consensus of the Council to consider Option 4, and include in the feasibility report some aesthetic options for the top portion of the tower and lifetime cost analysis. Mayor Maguire noted the possibility of adding the Eagan logo to the tower. ORDINANCE AMENDMENT CONSIDERATION FOR INDOOR GUN RANGES City Administrator Osberg introduced the item noting consideration originated at a City Council Listening Session earlier this year, when staff was approached by an individual, O'Neal Hampton, to consider an amendment to the City Code to permit indoor gun ranges. Osberg noted staff research has determined that an indoor gun range could be considered to be indoor recreation and, as such, would be a permitted use in the Limited Industrial zone. Mr. Hampton and his attorney were present and available for questions. Director of Community Development Hohenstein gave a staff report and raised several policy issues for the Council's consideration. The City Council provided the following direction on the policy questions associated with indoor gun ranges: Zoning Code Issue: a) If City Code is amended to permit the discharge of firearms for the proposed use, should it simply be one of the permitted uses as a form of indoor recreation or would the Council want it to be a conditional use, requiring a CUP application? The Council agreed it should be permitted through a license. b) Should the use be permitted at any location within the 1 -1 zone or should protected use separations be required from certain uses (residential, day care, church, etc.)? The Council agreed no set -back requirements are required for this type of use. Licensing and Related Regulations: a) Does the City Council want to include annual licensing as a means of setting standards for a gun range and qualifying the operators of a facility? The Council directed an annual license requirement for the facility and operator. Special City Council Minutes August 11, 2014 Page 2 b) Does the Council want to model the license requirements on the City's liquor license to include a background check for the manager /operator of a facility at the initial issuance and whenever that person changes? Yes c) Does the Council want a license to be renewed on a regular basis? Yes d) Does the Council want the manager /operator of a facility to show that they qualify for a "permit to purchase" understate law? Yes e) Does the Council want the use or sale of alcohol on the premises be prohibited and that the use of the range by person under the influence be prohibited? The Council agreed they did. f) Does the Council want to regulate the caliber, velocity or types of rounds used at a facility or have other regulations such as prohibitions against gambling or standards for hours of operation? The Council agreed as long as the ordinance reflects State and Federal regulations there was no further regulations needed. g) Does the Council want the licenses to require annual action by the Council or be administered by staff? The Council agreed once the license is awarded initially by a Council action, staff can administer the annual renewal. Gun and Ammunition Sales: a) Since the City Code permits a portion of the floor area far a permitted use in an I -1 zone to be used for retail sales, should such sales be permitted or prohibited in an indoor gun range property? There was Council consensus that such sales be permitted and the facility have a sophisticated alarm /video system and the owner of an establishment selling firearms should subscribe to an automated pawn system. The City Council gave direction to staff to prepare draft ordinances for further consideration. The Council indicated they would like to review the draft amendments in a future workshop. The Council took a 10 minute break. Draft City Code Amendments Indoor Firearms Shooting Range + Section 10.10 Dangerous weapons and articles. Subd. 4. Exception. Subdivision 3 of this section shall not apply to: C. The discharge of firearms within an indoor firearms shooting range operating under a license issued by the City after January 1, 201 S, at the Apple Valley/Eagan police firearm range, or in or at an approved firearms shooting range operating under a permit issued by the council prior to August 15, 1989, + Section 11,60, subd. 14, I -1 Limited Industrial District, B. Permitted uses. 2. Commercial recreation— Indoor, an indoor firearms shooting range shall be subject to the regulations thereof elsewhere in this Code, + Add: Section 6.40, Indoor Firearms Shooting Range, See Attached. Section 6,40. Indoor Firearms Shooting Range, Subd. 1. License required. It is unlawful for any person or entity to operate or permit to be operated any firearms shooting range or facility except as permitted herein and pursuant to a license issued therefor from the city as provided in this Section, No license shall be issued for any firearms shooting range or facility unless all shooting operations occur within the building of the licensed premises. No license under this Section shall be required for the permitted firearm shooting ranges existing within the City as the effective date of the ordinance adopting this Section. Subd, 2. Applications and licenses under this chapter -- Procedure and administration A. Application. All applications shall be filed with the city cleric upon forms prescribed by the city, together with such information as required on the application form and as set forth herein, All questions asked or information required by the application forms shall be answered fully and completely by the applicant, All applications shall be subject to a criminal background investigation. B, False statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form, Any false statement in such application or any willful omission to state any information requested on the application form shall, upon discovery of such falsehood, be grounds for denial of a license or, if already issued, shall render the license issued pursuant thereto void and of no effect immediately upon notice. C. Application and investigation fees. At the time of the initial application, the applicant shall pay the application and background investigation fees as duly set by Council resolution. An additional fee of $200.00 for each person or entity beyond five having an interest in the proposed licensed establishment shall be required. An escrow of $1,000.00 for applicants residing outside of the state shall be required to reimburse the city for out-of-pocket investigative costs and the escrow shall be released upon payment in full of actual investigation costs, D. Corporate applicants and licensees, A corporate, partnership or other legal entity applicant, at the time of application, shall furnish the city with a list of all persons and entities that have an ownership interest or control in the applicant entity in excess of 5% and the extent of such interest. The list shall name all shareholders, partners or members, as the case may be, and state the number of shares /units held by each, either individually or beneficially for others, It is the duty of each licensee to notify the city clerk- treasurer in writing of any change in legal ownership or beneficial interest in such entity. Any change in the ownership or beneficial interest in the interest entitled to be voted at a meeting of the owners of the licensee, which results in the change of voting control of the entity by the persons owning the shares /units therein, shall be deemed equivalent to a transfer of the license issued to the entity, and any such license shall terminate 30 days after any such change in ownership or beneficial interest unless the council has been notified of the change in writing and has approved it by appropriate action. The council or any officer of the city designated by it may at any reasonable time examine the stock /unit transfer records and minute books of any licensee in order to verify and identify the shareholders /partners /members, and the council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The council may revolve any license issued upon its determination that a change of ownership in the entity licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the council on notice to the licensee, E. Action, 1, Granting. Prior to consideration of any application for an initial license or renewal, the applicant shall pay the license application and investigation fees. The city clerk may reject any incomplete application and an application will not be considered until a fully complete application is submitted, Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the council, the license application fee shall be refunded to the applicant but the investigation fee shall not be refunded if any background investigation commenced by the City. The completed application for the initial license shall be considered for approval by the city council, The renewal application may be considered for approval by the city clerk. A license hereunder shall be denied if the applicant or proposed licensed establishment does not meet all the requirements and conditions for licensing as set forth in this Section or elsewhere in this Code. 2. Issuance, If an application is approved, the city clerk - treasurer shall forthwith issue a license pursuant thereto in the form prescribed by the city and upon payment of the license fee. All licenses shall be on a calendar -year basis unless otherwise specified herein, For licenses issued and which are to become effective other than on the first day of the license year, the fee to be paid with the application shall be a pro rata share of the annual license fee, Licenses shall be valid only at one location and on the premises therein described, F. Transfer, No license shall be transferable between persons or entities or to a different location. Any change in individual ownership or substitution of partners is a transfer, However, a change in corporate name shall not be considered. a transfer if at least 90 percent of the issued and outstanding shares are in the same ownership as at the time of original application, It is unlawful to make any transfer in violation of this subparagraph. Subd. 3. Resident manager or operation agent, At the time of application and before a license is issued under this Section to an individual who is a nonresident of the state, to more than one individual whether or not they are residents of the state, or to a corporation, partnership, or association, the applicant shall designate in writing a natural person, who shall be a resident of Minnesota, as its operation manager or agent of the licensed establishment. Such operation manager or agent shall, by the terms of his /her written consent (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license; and (3) shall be subject to the criminal background investigation for the license. Such operation manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee hereunder. If such manager or agent ceases to be a resident of Minnesota or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. A non - refundable investigation fee of $300,00 shall be paid to the city for all changes in the designated operating rnanager(s) at the licensed establishment. Subd. 4. Persons disqualified for a license under this Section. No license under this Section shall be issued to an applicant if the applicant or the designated operation manager is; A. A person not a citizen of the United States or a resident alien; B. A person who within five years of the license application has been convicted of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession of firearms; C. A person who has had a federal or state firearms - related license or permit revoked within five years of the license application, or to any person who at the time of the application owns any interest, whether as a holder of more than five percent of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested that has had a federal or state firearms - related license or permit revolted within five years of the license application; D. A person under the age of 21 years; L. A person who is ineligible to sell, transfer, deal, receive or possess firearms under Minnesota or federal law. F. No license under this Section shall be granted for operation on any premises upon which real property taxes, assessments, or installments thereof, or other financial claims of the city are owed by the applicant and are delinquent and unpaid. For the purpose of this subparagraph, "applicant" includes persons and related persons, (1) owning at least a 50 percent beneficial interest in the proposed license or in the entity making the application, and (2) at least an undivided one -half interest in the premises proposed to be licensed, or at least a 50 percent beneficial interest in the entity owning such premises. The term applicant as used in this Subdivision shall include any natural person who is an individual applicant or any natural person who owns more than a 5% beneficial interest in the legal entity named as applicant and any spouse of such person. Subd. 5. Responsibility for Conduct on Licensed Premises. The licensee under this Section shall be responsible for the conduct at the licensed premises and shall maintain 4 conditions of safety and order therein. Any act of an employee of the licensee in or at the licensed premises is the act of the licensee; and every such employer is liable to all of the penalties, except criminal penalties, provided by law for such conduct. Subd. 6 Conditions of License. No license shall be issued hereunder unless the following conditions are met and all licenses issued hereunder shall be subject to the following conditions: A. No license shall be granted for premises located in a zoning district other than limited industrial (1 -1). B. The operations under the license shall comply with all regulations in this Code. C. No alcoholic beverages, narcotic drugs or controlled substances, as such terms are defined by Minnesota statutes or the City Code, shall be permitted on licensed premises. D. No person tinder the influence of alcohol or drugs shall be permitted to enter or remain in the licensed premises. B. No person under the age of 18 shall be permitted to enter or to remain in the licensed premises, unless accompanied by a parent or an adult chaperone not less age 25. F. Discharge of firearms shall occur only within the designated shooting range area within the building of the licensed premises; no person shall discharge any firearm outside of the licensed premises. fix. No exploding targets shall be permitted within the licensed premises. H. All persons transporting any firearm onto and from the licensed premises shall possess and transport the firearm in accordance with Minnesota state laws governing possession and transport of firearms. I. Any patron in the licensed premises who is known by the licensee to be restricted from possession of a firearm under Minnesota or federal laws shall not be permitted to shoot any firearm within the licensed premises. J. The interior improvements to the licensed premises shall be designed and constructed to attenuate and contain all firearm discharge noise to within the inside of the building; firearm discharge shall not be audible outside of the licensed premises. K. The licensed premises shall be equipped with a security alarm system and a surveillance system that has full audio recording and video recording that has infrared capability with high definition video resolution, all of which shall be in operation at all times. The video surveillance shall be directed at all entrances, all areas of the shooting range, the point of sale for and storage area of the firearms. The video recordings shall be maintained fora 30 -day period and shall be produced to the Eagan police department immediately upon demand. L. All firearms and ammunition shall be stored in a secured locked enclosure or room during non - business hours, Ammunition may remain stored in a sale display cabinet during non - business hours, provided the display cabinet is fully enclosed and is locked. M, The licensee shall immediately report to the police department any gunshot wound inflicted upon any person while on the licensed premises. N. No firearms, ammunition or firearm accessories shall be purchased, sold or traded on the licensed premises unless the licensee holds a valid federal firearms license or permit pursuant to 18 U.S.C. § §922 -931 (2014 and as amended hereafter). 0. If the licensee buys, sells or trades firearms under a valid federal firearms license pursuant to 18 U.S.C, § §922 -931 (2014 and as amended hereafter) on the licensed premises, then the licensee shall comply with all federal laws and regulations under its federal firearms license. P. If the licensee buys, sells or trades firearms under a valid federal firearms license pursuant to 18 U.S.C. § §922 -931 (2014 and as amended) on the licensed premises, then the licensed premises shall be subject to the zoning regulations in this Code for retail sales in I -1 districts. Q, If the licensee buys or otherwise acquires a used firearm under a valid federal firearms license pursuant to 18 U.S.C. § §922 -931 (2014 and as amended) on the licensed premises, then the licensee shall comply with the following: 1. The licensee, at the time of purchasing or otherwise receiving a used firearm, shall immediately record the following information: a. An accurate description of the article, in English, and any numbers written, stamped, impressed or engraved thereon, together with the name of the manufacturer, model, and serial number of the firearm; b, The date, time and place of receipt of the firearm; c, The full name, residence address, date of birth and reasonably accurate description of the person, including approximate height, sex and race from whom the firearm was received; d. The identification number and state of issue from one of the following forms of identification of the person from whom the item was received, including a photocopy thereof: (1) A valid Minnesota driver's license; (2) A valid Minnesota identification card; or (3) A valid photo identification issued by another state or a province of Canada and. one other form of identification. 2. The records shall be open to inspection by Eagan city police officers at all reasonable times, 3. The records shall be retained by the licensee for so long as the licensee is operating the indoor firearm shooting range under this Section. R. All premises licensed under this section shall, during all operating hours, be open to inspection by any Eagan police officer or Eagan code enforcement technician to determine whether or not this section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspections by such officers and without a warrant for searches and seizures. S. If during the license period the licensee or designated operation manager becomes ineligible to have or disqualified for a license under this Section, then the licensee shall notify the city clerk within 5 business days of the ineligibility or disqualification. Subd. 7. Financial responsibility of licensee. A. No license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility, by filing with the city a certificate of insurance, that there is in effect an insurance policy or pool providing minimum coverage's of (1) $50,000,00 because of bodily injury to any one person in any one occurrence and, subject to the limit for one person, in the amount of $100,000.00 because of bodily injury to two or more persons in any one occurrence and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence; and (2) $50,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000:00 for loss of means of support of two or more persons in any one occurrence; and $50,000.00 for other pecuniary loss of any one person in any one occurrence, and $100,000.00 for other pecuniary loss of two or more persons in any one occurrence. B. The applicant shall file with the city clerk a certificate of insurance showing (1) that the limits are at least as high as required in this Section; (2) that coverage is effective for at least the license term approved; and (3) that the insurer shall provide 60 days' written notice of policy cancellation to the city, unless policy cancellation is for nonpayment of premium in which case the insurer shall provide ten days' written notice of policy cancellation to the city. Cancellation or termination of such coverage shall be grounds for immediate suspension and revocation of the license. Jon Holhenstelin From: Cheryl Stevenson on behalf of City Council Sent: Wednesday, September 03, 2014 7,29 AM To: 'Cyndee Fields'; 'Gary Hansen'; 'Meg Tilley'; 'Mike Maguire'; 'Paul Bakken' Cc: Dave Osberg; Jon Hohenste(n Subject: Proposed Indoor Gun Range From; Margaret Jacot [ma(Ito:megjacot @hotmail. cam] Sent., Tuesday, September 02, 2014 8:38 PM To: City Council Subject: Proposed Indoor Gun Range I read in the Star Tribune that Eagan is considering lifting or modifying an ordinance that prohibits the discharge of weapons to allow for an indoor gun range and that Eagan has not received any opposition to this proposal. I imagine this is, at least in part, because no one knew about the proposal. I am a citizen of Eagan, will admit that, unlike most Minnesotans, I am not a fan of guns. As a mother of two young children, I would prefer to see less access to guns and less training on the use of guns, especially after Sandy Hook, For that reason, I am opposed to modification of this ordinance. I realize, however, that I am outnumbered in this state and that people here like to carry and like to practice shooting and that there is little that I can do to stop that. If Eagan does modify the ordinance, I have two concerns that I hope the Council will consider, First, I am concerned about noise pollution. We already have to deal with airport noise and expressway noise in Eagan and I really do not want any other noise pollution when I am out in my yard or walking around my neighborhood or at the park with my kids. If Eagan considers lifting or modifying its ordinance, please be sure to consider measures that limit noise and noise pollution for anyone who happens to reside or recreate near the proposed range. Second, I am concerned about the security of any gun ranges. I would hope that Eagan would require the highest security measures to ensure that the guns stay in the range. I hope that you will take my concerns into consideration as you consider this proposal. Margaret Jacot meglacot @hotmail.com Jon Hohenstein From: Cheryl Stevenson on behalf of City Council Sent: Thursday, September 04, 2014 8:26 AM To: 'Cyndee Fields'; 'Gary Hansen'; 'Meg Tilley'; 'Mike Maguire'; 'Paul Bakken' Cc: Dave Osberg; Jon Hohenstein Subject: City of Eagan: Shooting range in Eagan - - - -- Original Message---- - From: City of Eagan [ mailto :webmaster @cityofeagan.com] Sent: Wednesday, September 03, 2014 6:34 PM To: City Council Subject: City of Eagan: Shooting range in Eagan This is an enquiry email via http: / /www.cltyofeagan,com /from: Mitzi Gramling <Mltgramling2(Tgmai1.com> I would like to register my opposition to approval of the proposed shooting range in Eagan. I am in favor of appropriate commercial development, but this is not the kind of development our community should have. I am a proud 30 year resident of Eagan - Mitzi Gramling. Jon Hohenstein From: Susan Doss <susanrr21 @hotmall.com> Sent: Saturday, January 03, 2015 12:01 PM To: Jon Hohenstein Cc: Dave Osberg; Mike Ridley; Jim McDonald Subject: RE: City of Eagan: Firing range and let's spiff up our neighborhoodsl Good morning Mr. Hohenstein, Thank you for the notification of the meeting. I will check my work obligations to see, if I can make the meeting. After reviewing the original ernail I sent (below) I stand by my statement that Eagan is not in need of yet another firing range and to do so only adds additional arnmo (no pun Intended) to those: who view iwagan in a negative light. Respectively, Susan &,fx > From: JHohenstein @cityofeagan.com > To: SusanRR21 @hotmail.com > CC: DOsberg @cityofeagan.com; MRidley @cityofeagan.com; JMcDonald @cityofeagan.com > Subject: FW: City of Eagan: Firing range and let's spiff up our neighborhoodsl > Date: Wed, 31 Dec 2014 20:56:05 +0000 > Dear Ms. Ross, > In follow up to the email below, I am writing to let you know the Council will be discussing the possible amendment of the City Code to permit and license indoor gun ranges at its workshop meeting on January 16th. The meeting will be in the Eagan Room at City Hall at 5:30 pm. There are several items on the agenda that evening and their order will be set next week and posted with background information on the City webpage on the 9th. The purpose of the discussion that evening will be to determine whether the Council's initial questions and concerns about the possible change can be addressed sufficiently in the City Code to permit a formal review of an amendment at subsequent meetings. So this will be a good time to connect with the process. > At a minimum, we will include your original email as a public comment about the issue. If you would like to submit anything else now or if the process moves forward, that will be shared with the Council as well. If you have any questions in the meantime, please let me know. > Jon > Jon Hohenstein I Director of Community Development I City of Eagan > City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651-675-5653 1 651-675 - 5694 (Fax) I johenstein @cityofeagan.com > > THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient, If you received this in error, please contact the sender and delete the e -mail and Its attachments from all computers. > - - - -- Original Message---- - > From: Cheryl Stevenson On Behalf Of City Council > Sent: Wednesday, September 03, 2014 10:16 AM > To:'Cyndee Fields'; 'Gary Hansen'; 'Meg Tilley'; 'Mike Maguire'; 'Paul Bakken' > Cc: Jon Hohenstein > Subject: City of Eagan: Firing range and let's spiff up our neighborhoodsl > > - - - -- Original Message---- - > From: City of Eagan ( mailto :webmaster @cityofeagan.com) > Sent: Wednesday, September 03, 2014 9:20 AM > To: City Council > Subject: City of Eagan: Firing range and let's spiff up our neighborhoodsl > This is an enquiry email via http: / /www,cityofeagan.com/ from: > Susan <SusanRR21 @hotmall.com> > > Good morning, > I was rather surprised to see an article in the StarTribune discussing the potential construction of a firing range in Eagan and a comment from Jon Hohenstein, that "Officials say they haven't heard a word of opposition from residents" and Bakken's comment that "I hear more people speaking up about concerns of traffic from the new outlet mall and whether people's lawns are getting mowed than I do about this ". > perhaps your lack of feedback from the community is because we hadn't heard anything about iti I generally read the 'Experience Eagan' newsletter that is sent out and any notices mailed but I don't recall seeing anything regarding a firing range and asking for feedback. It's possible I missed it, I have other issues in my life that are more important but, here is my feedback -- NO firing range. > Saturday and Sunday mornings we like to sit on our patio — but, the sad part is we are forced to listen to the sounds of gun fire from Eagan's current firing range. On nice day's it's constant and as a person who is not a fan of guns (other than hunting), it's disturbing. I won't go Into the reasons why but suffice it to say as residents of Eagan for 28 years, neither my husband, my 3 adult children nor I see a reason or a need to allow the construction of a building for another gun range anywhere In Eagan. That type of activity should be far away from city limits where others who are not gun enthusiasts aren't subjected to the noise and risks that accompany playing with a deadly weapon. > And Mr. Bakken — perhaps the council should take the time and make a little more effort to create ordinances and regulations that benefit home owners who actually care what their property looks Iike and what the market value is. Looking around my neighborhood, I'm saddened to see how poorly homes are kept up and yes, that Includes simply mowing their lawn. This isn't Edina but it also shouldn't look like a mobile home park and that is the reference I'm hearing from friends, blow sad. None of my children want to live in Eagan now that they're looking for homes themselves. A cowboy community where anything goes is not somewhere they want to raise their families. Now please make an effort to address residential issues that affect market value and the enjoyment of one's own home Instead of seeking out businesses that bring no value and stigmatize our community. This Isn't the Wild West — not anymore so let's not pretend it is. > Mrs. Susan Ross > 3 Agenda Information Memo January 13, 2015 Special City Council Workshop V. Arts and Culture Master Plan Committee Report Action To Be Considered: Consultants from Forecast Public Art will present the results and recommendations from the recently completed discussion of the Arts Planning Steering Committee. Staff seeks feedback and comments from the City Council and will then include the comments in the final policy, and present at a future City Council meeting for formal approval. Facts: ➢ The City received funding from a private foundation to complete an Arts Visioning Master Plan. City Council, at the February 5, 2013 meeting, accepted the funding and directed the APrC to guide the work of the plan through a series of conversations with community stakeholders. This was included in the APrC 2013/2014 work plan. ➢ Consultants from Forecast Public Art were contracted on February 20, 2014 to facilitate community conversations and to make recommendations for a vision and related policies to integrate visual art into Eagan's community. ➢ The Steering Committee, comprised of APrC members, community members and staff met with Forecast Public Art on July 16, August 20 and October 20. Committee members included representatives from the APrC, the Eagan Art Festival Board, the Eagan Theater Company and the Caponi Art Park Board. ➢ The committee was charged with providing recommendations to the Council for the following items: • Recommend a vision statement for the integration of visual art into public spaces in order to support a community cultural identity and provide positive economic impact • Contribute to a Sense of Place • Engender a Unique Identity • Enhance Community Connections • Improve the Mobile Experience • Weave into Eagan's Fabric • Furthermore, the recommended vision is that future visual art elements included in City of Eagan facilities and spaces should • Draw attention and be memorable • Express a range of community points of view • Offer unique communal & individual experiences • Evoke emotional responses & convey meanings o Recommend citywide policies and guidelines for selection and integration of public art installation and inclusion of aesthetic elements into City -owned properties and facilities. • The committee recommends that the current policy for Public Art and Memorial Installation in City of Eagan Parks be extended as a process for all City -owned spaces and facilities. This process, in conjunction with the criteria listed above would guide decisions concerning specific pieces of public art that may be donated, granted or purchased by the City in the future. Recommendations for this process are included on pp 5 to 6 of the committee report. • In addition, the committee made the following recommendations regarding inclusion of art in City -owned buildings, grounds and facilities: • The City shall include artistic elements in City- developed and —owned facilities over a certain value of capital investment. • The City shall encourage the inclusion, with intentional design, of public art and /or aesthetic elements in all City capital projects, including renovations and remodeling. • The City shall develop a master plan of locations along public right -of- ways where the addition of artistic elements can improve way finding. • The City shall explore engaging an artist or group of artists to participate in decision - making with regard to capital investment projects and the aesthetic qualities of public places. • The City shall determine the appropriate group to oversee art in public places. This may be an expansion of current responsibilities, and /or establishing ad hoc committees, as needed. • For City developed projects, the Committee recommends the following: • Encourage artworks that can be landmarks, meeting places, or part of the way finding system. • Enhance connections to nature and parks. • Promote the integration of art with urban, landscaping, and architectural design. • Recognize ethnic diversity. Encourage innovation and artistic excellence in public art. o Recommend a vision statement with regard to inclusion of visual art and aesthetic elements in private projects that include spaces for public gathering. ■ The committee discussed this topic at length. The recommendation from the committee is that Council encourages the inclusion of visual art elements in private projects that include spaces for public gathering, but not legislate to make it a requirement. o Develop and present funding mechanisms for City -owned and City - developed public art installations. 0 The committee's discussions and work focused on encouraging art in early stages of projects where it is included in design rather than being a stand -alone feature. The committee did not make a recommendation for specific locations to incorporate public art in this phase of the planning process. • Funding opportunities may vary depending on the type and scope of any given project. Therefore, the committee provided the Project for Public Places' compilation of funding mechanisms used by other cities for this purpose. ➢ A draft of the committee's work and recommendations was presented to the Advisory Parks Commission on November 17, 2014. The APrC approved recommending the work of the committee to the City Council. Attachments: (5) V -1 Arts and Culture PowerPoint Presentation V -2 Arts and Culture Master Plan for the City of Eagan V -3 List of Potential Funding Sources V -4 Public Art and Memorial Installations in City of Eagan Parks V -5 Arts Planning Steering Committee Members 0 x oil a ,� 4.1 --. wo I 4., 4a b4fl � ,tai � C1J •� co tj o � ®_ cu • � X37 ,� '� --z � � ® �•. 41 0 x oil a ,� CL w f> p LM ve f! 9 :- H co � S kll`§1`1 g..� 6`r E3 Cg L+ ri N Yx Ri Q�V � W d k Cm L4 N v CL g. P Lijf3 CL w f> p LM ve f! 9 :- H co � S kll`§1`1 g..� • Fic r. rF E47 2-R, a. I 91" 013 I ob7, lk 12 Z) 41- CL la FR LMY5 YmC� ffi El ffl� ILEZZ I is Fic r. rF E47 2-R, a. I 91" 013 I ob7, lk 12 Z) 41- CL la FR LMY5 YmC� ffi El ffl� ILEZZ I 1.� [•-Ti I I NN" 4ii, IN 5A I% 4-1 4-j w. I I I 0 k qw bi I M. • • R, I I I M-1 IN M, a.'', 0 • CL LIM El Emm CL ri 9: yyx ca 46& M 1� IM Is, oj fi i8 q oj Q Vol- LA rz per, Ln tn Lu to LLI CL ri 9: yyx ca 46& M 1� IM r NO LLI Td LIJML. r 44 LIZ LM 93 mfi uj 421 4 CL -0 I t3 mfi uj 0 M IN d QP Ji � • r g` CL n � i •A4f •'1®D E ®1 � •wl CL Xffi Ca L ! t fiY 0 M IN d QP Ji � Arts and Culture Master Plan for the City of Eagan Final Draft —approved by ArPC, 11 -17 -14 Introduction Facing changing demographics and a need to more clearly define its community identity, the City of Eagan has undertaken the development of an Arts and Culture Master Plan. The goal of this planning process has been to make recommendations for a vision and related policies concerning integration of the Arts in Eagan based on an assessment of Eagan's cultural values and of opportunities for public art to emerge from and express these values. Through conversations facilitated by Forecast Public Art (FPA), the Arts Planning Steering Committee (APSC) has considered the role of art in the broader context of City planning and initiatives. This first phase of the Arts and Culture Master Plan has been informed by the City's existing "Art Display in Public Buildings Policy" and "Public Art and Memorial Installations in City of Eagan Parks," as well as current thinking in regard to community arts planning. These existing procedures may be a starting point for new or expanded public art policies. The charge to the APSC and its consultants has been to develop preliminary recommendations for an Arts and Culture Plan. These include: • Recommend to the City Council an overall vision statement for the integration of visual art into public spaces in Eagan, in order to support a community cultural identity and provide positive economic impact. • Expand on Eagan's Parks & Recreation department's existing policy for placement of public art with parks to recommend citywide policies and guidelines for selection and integration of public art installation and inclusion of aesthetic elements into all City - owned properties and facilities. • Recommend a vision statement with regard to inclusion of visual art and aesthetic elements in private projects that include spaces for public gathering within the City. • Develop and present recommendations for funding mechanisms for City -owned and City - developed public art installations. This report documents the recommendations of the APSC that may serve as a basis for the development and adoption of formal arts and culture policies and funding mechanisms by the City of Eagan. Forecast Public Art /Eagan Parks & Recreation 11/19/2014 Eagan's Physical and Historical Context • Natural Landscapes • Agrarian Economy The City of Eagan developed in a beautiful setting of rolling hills, ponds, and woodlands along the Minnesota River. Even with its rapid development in the last forty years, this natural beauty has been preserved by a city plan of extensive parks and trails as well as development that respects the natural setting. Prior to the intensive development of city, Eagan had an agrarian economy and was especially known as a producer of onions. While its farming character is no longer very evident, it continues to be an important part of Eagan's history. Holz Farm keeps this tradition alive for many Eagan residents. Art and Culture exist in and grow from Eagan's physical and cultural context. Public art can respond to these contexts through informed interventions to deepen the sense of connection and to create an authentic identity that contributes to Eagan's sense of place. Eagan's Shared Values • Pastoral Landscapes- Ponds, Woodlands, and Parks • Generational Continuity- Home and Family • Community Assets- Schools, Churches & Neighborhoods . Geographic Location- Proximity and Ease of Commuting The first qualities new residents value about Eagan may be its appealing pastoral landscapes and its proximity to Minneapolis and Saint Paul; to the airport and Mall of America; and to rural settings. These features have also drawn businesses to locate in Eagan, making it a unique suburb in which more employees commute to Eagan to work than leave for work on a daily basis. Once families establish roots in Eagan, they come to value institutions— such as their schools, churches, and neighborhoods —that become focal points of community connections. Sports, through schools and associated with public parks, are also part of the connecting tissue of social life. All of these strengthen the commitment to home and family that keeps residents in Eagan for generations. While it is a relative young community, these patterns of "home" are well established. These shared values provide a starting point for artists' expression and interpretation and are the lens through which residents see public art installations and events. Forecast Public Art /Eagan Parks & Recreation 11/19/2014 Eagan's Challenges • Tendency to be Insular- friendly, but it's hard to meet neighbors • Standardized Commerce- dispersed services, no local character • Lack of a Center- no downtown, no arts & culture focal point • Physical Disconnections- automobile- centered patterns • Silent Diversity- demographic differences • Lack of Identity- no distinctive character Eagan developed based on a plan of organized, distinct land uses and sufficient natural environments to support healthy community life and to minimize conflicts between activities. The city plan is supported by a rational system of roadways for ease of movement. Relative rapid development combined with a reasonable, efficient plan has contributed to a city that currently lacks a local flavor or an identifiable character. While Eagan's plan functions exceptionally well, way finding is difficult because many parts of the city look and feel the same. There are few landmark structures or landscapes and no physical or activity center to which other parts of the city are related. The width of major roadways provides excellent vehicular movement, but serves as a boundary between neighborhoods. When this efficient physical plan combines with increasingly busy family life, forming social connections outside of established institutions can be difficult. As Eagan matures, the community is also becoming more ethnically diverse and requires a broader range of experiences to meet its evolving expectations. In terms of public art in its broadest sense, this may suggest new festivals or events and artworks with a variety of content that can expand Eagan's identity as it relates to new residents. While Art cannot mend all social and environmental problems, including Art in the public realm, Art can begin to provide more ways for people to interact. This interaction can at festivals and performances, neighborhood initiated happenings, or around artworks that are part of an enhanced way finding system. Eagan's context, shared values, and challenges form a backdrop of the APSC's conversations regarding arts and culture planning in their city: Forecast Public Art /Eagan Parks & Recreation 11/19/2014 Vision and Goals for Eagan's Arts and Culture Master Plan Eagan's Arts and Culture Vision • Draw attention and be memorable • Express a range of community points of view • Offer unique communal & individual experiences • Evoke emotional responses & convey meanings Over - arching Arts and Culture Goals for Eagan • Contribute to a Sense of Place • Engender a Unique Identity • Enhance Community Connections • Improve the Mobile Experience • Weave into Eagan's Fabric Forecast Public Art /Eagan Parks & Recreation 11/19/2014 Policy Recommendations for Public Art in Eagan's Public Spaces Aesthetic elements contribute to the community's identity, add to the qualities of public facilities, and make positive landmarks in the public realm that aid in way finding. Integration of Public Art in City -owned Buildings, Parks, and Right of Ways • The City shall include artistic elements in City - developed and —owned facilities over a certain value of capital investment. • The City shall encourage the inclusion, with intentional design, of public art and /or aesthetic elements in all City capital projects, including renovations and remodeling. • The City shall develop a master plan of locations along public right -of -ways where the addition of artistic elements can improve way finding. • The City shall explore engaging an artist or group of artists to participate in an advisory role with regard to capital investment projects and the aesthetic qualities of public places. • The City shall determine the appropriate group to oversee art in public places. This may be an expansion of current responsibilities, and /or establishing ad hoc committees, as needed. Goals for Public Artworks • Encourage artworks that can be landmarks, meeting places, or part of the way finding system. • Enhance connections to nature and parks. • Promote the integration of art with urban, landscaping, and architectural design. • Recognize ethnic diversity. • Encourage innovation and artistic excellence in public art. and • Encourage public art in private development. Forecast Public Art /Eagan Parks & Recreation 11/19/2014 Criteria for Art in Public Places • Art shall relate to the physical and cultural contexts of the site. • Art shall conform to the established master plan for the facility or park. Community Participation in the Selection Process for City -owned Public Art • The broader community shall be represented on art selection committee that makes a recommendation to the City Council for final approval. A non - binding means of public review and comment shall inform the decisions of the art selection committee. Policy for Conservation and Maintenance of City -owned Artworks • Artworks commissioned by the City of Eagan and placed on City -owned property shall become assets of the City and shall be managed as such. A portion of the artwork- commissioning budget shall be set aside to establish a fund for maintenance and conservation. Additional contributions to this fund may be made by annual budget allocations and by private contributions. Policy for the Removal or Relocation of City -owned Artworks • An artwork may be removed when it presents a hazard to public safety. An artwork may be removed or relocated when the supporting environment is to be destroyed or when changes to the site make it no longer compatible with the artwork. In this case, the preference would be for the relocation of the artwork to an appropriate new location. When possible, the artist shall be consulted with regard to the removal or relocation of an artwork. If an artwork cannot be relocated, it may be sold or returned to the artist at the discretion of the City. Funding Options for City - developed Public Art Installations Review Project for Public Places' compilation of funding mechanisms used by other cities for this purpose. Forecast Public Art /Eagan Parks & Recreation 11/19/2014 From PROJECT FOR PUBLIC PLACES website: PERCENT- AND NON - PERCENT - FOR -ART PROGRAMS PERCENT -FOR -ART ORDINANCES Passing percent -for -art legislation encumbers a percentage (usually .5 to 2) of CIP (publicly funded capital improvement projects) per year for the commissioning of public artworks, which will usually be sited in, on, or adjacent to the building or project being constructed. Percent -for- art ordinances guarantee a funding stream for public art projects regardless of what happens to city budgets or arts funding. The policy also guarantees that public art projects will be planned each year, as long as CIPs are underway and municipal construction continues. Benefits of a percent - for -art ordinance: • It can provide a mechanism for obtaining funds from a broad range of city agencies and departments; • It can offer legal recourse (if funding for percent projects becomes a legally binding requirement) to obtain funds for public art from non - compliant city agencies; • It can provide an opportunity to work with and introduce public art to many city agencies, in many different types of projects, and in many locations city -wide; and • In some cases, such as Atlanta, it allows for the siting of art in adjacent or nearby communities to offset the negative impacts of a project, or to place public art in more diverse areas of a city. Even when a percent- for -art ordinance is in place, however, additional funds for art projects may be required: Despite 2% for art public funding, "money is always a problem," says Linda Bloom, administrator of Sacramento, CA's Art in Public Places program. Currently, the organization is looking to forge private partnerships and use private money for artwork on the city's light rail system. NON - PERCENT- FOR -ART SOURCES Several examples of well- known, successful, non - percent- for -art- funded programs exist in the following cities: Houston, TX:The Cultural Arts Council of Houston also receives a percentage on the hotel /motel tax for art. In addition, the Council contracts with a variety of city agencies, as well as with Harris County. New Orleans, LA: The Arts Council of New Orleans funds public -art projects through a joint Project for Public Places www.pps.org partnership between public /private sectors in order to create more stable funding basis. City of New Orleans, local and state governmental agencies, as well as other non - profit arts organizations, are funding sources for the public -art program. Phoenix, AZ: Phoenix's public -art program is funded through the city's general - purpose funds, public -art funds, state lottery revenue, and regional and federal grants. San Antonio, TX: The San Antonio Design Enhancement Program (DEP) is operated through the city's Public Works Department's City Architects' Office. The DEP program is maintained by art allowances and budgets that are identified and developed by each project - design team. San Diego, CA: The public art program in San Diego is a department of the San Diego Commission for Arts and Culture. Administrative costs are covered by a portion of the city's Transient Occupancy or Hotel /Motel Room Tax, which helps to fund the operating and personnel expenses of nearly 90 arts and cultural organizations. SOLICITING PARTICIPATION BY DEVELOPERS Even if a city does not have a percent- for -art ordinance in place, nor a significant number of city - funded CIP projects (both of which would guarantee a certain number of public art projects per year), it may still be possible to get funding from capital projects for public art, by working with the private sector. In cities around the country, private developers are realizing that commissioning works of art for their projects benefits more than their bottom line. They can: • Improve employee and tenant working environments; • Create a unique look or landmark feature for the project; • Demonstrate a larger civic commitment; and • Translate into higher rents and a more desirable office location. For city agencies, expenditures on public art projects can: • Highlight and publicize agency initiatives, missions and objectives; • Communicate important information or instructions to the public (public service messages such as the importance of recycling are natural subjects for public art works); Project for Public Places www.pps.org Contribute to the community's acceptance of a plant or facility in which they are to be sited; and Increase the public's recognition of the important work provided by that agency or city department. The first step to soliciting developer participation is to take stock of the public and private investment occurring in your city. For example, in 2002 in Mobile, AL, nearly $400 million in public and private investment was underway. Private projects included the $165 million RSA Tower; a newly constructed $75 million Mobile Register Building; and a $1.2 million Larkin Music Center. Public sector funded projects included the $90 million GSA Federal Courthouse (with its own 1% for art budget); a $9 million Social Security building; a $16 million federal government rehabilitation of a train station as a multi -modal transportation /retail center; and the Mobile Landing /Alabama State Docks expansion and waterfront park project, which had a budget of $40 million. In cases such as this, public -art program staff or committee members should solicit private developers regarding introducing works of public art into their projects. This should be done in as timely a manner as possible — the earlier art is introduced into project plans, the better. There are a number of ways of encouraging the development community in funding public art projects: 1. Include art in the incentive package given to developers. For example, developers are often requested or required by cities to provide parking, a certain number or amount of coverage by street trees, curbs and sidewalks, etc. Public Art could be added to this list, or developers given the opportunity to include public art in a project as a way of meeting the requirement for providing these kinds of on -site amenities. Fees paid by developers, or requirements that developers provide more affordable housing or a park as part of a project, also could be set aside to fund works of public art. In Portland, OR, public art is acceptable as an alternative to meeting the city's requirements for ground floor windows (no blank walls at street level). 2. In instances where a Nexus or Environmental Impact Study has been ordered to determine the potential negative impacts of a project, a percentage of the fees paid by a developer as part of this mitigation could be set aside for a public art project, where the art would be considered a mitigation tool. 1. Have the "plaza bonuses, "or floor -area ratio bonuses, given to developers who set aside a certain amount of ground floor as public space, also be awarded for including public art. In Portland, OR, development projects where one percent of total construction costs are committed to public art receive a floor -area ratio bonus of 1:1. All or at least 25% of these funds are deposited in the Public Art Trust Fund for use on projects in other sites around the city.The City of Tampa, FL, encourages "any private developer /owner who applies tothe city for building permits to construct or reconstruct a commercial or municipal structure to commit one percent of construction costs up to $200,000 to the provision of fine art in conjunction with such commercial structure" or to elect instead Project for Public Places www.pps.org to donate to the city an amount equivalent to the one percent. In addition, every building or construction permit pulled for the construction or reconstruction of a commercial or municipal structure is reported to the public art committee. No matter how the developers are encouraged to fund art, they are responsible for maintaining and conserving works once they have been commissioned. Developers need their own advisors or consultants and /or a public art review panel should be convened on private projects to ensure quality and that the artwork(s) commissioned complies with the overall goals of the public art policy and public art vision of the city. ALTERNATE SOURCES OF FUNDING Funding for public art has come from: • TIF (Tax increment financing) of vacant buildings for use by artists for housing and studios (Memphis, TN); • Foundation grants, including those from National Endowment for the Arts (NEA) and National Endowment for the Humanities (NEH); • Neighborhood appeals; • Parking meter revenue; • Hotel /motel taxes (Transient Occupancy Tax); • Sales tax revenue, • Proceeds from the sale of city land; • Funds pooled with the county; • State and city governments; • Historical societies and commissions; • Local companies (including locally based branches of national corporations); • Utilities; • Arts councils and advisory boards; Project for Public Places www.pps.org • Museums; and • Art centers Potential strategies to raise funds for a public -art policy could be to: • Tie funding of public art to a possible (foundation) endowment for the care and management of downtown parks and public spaces. The endowment could pay for art selection, commissioning, and maintenance. • Tax large -scale events and festivals to pay for art. For example, a Motel /Hotel tax can be dedicated to public art during the event. This funding can be put toward art projects that would occur before and after the event. • See if your project would make you eligible for a state tax credit for historic renovation • Have City Council members fund public art projects in communities within their districts. • Use the public art policy as a marketing tool to funders. • Have a 501(c)(3) administer the public art program, so that donated monies could be used tax -free and would represent taxable deductions for donors. Project for Public Places www.pps.org Public Art and Memorial Installations in City of Eagan Parks Statement of Purpose The purpose of this policy is to encourage the display of public art in the City of Eagan and to provide a mechanism for the inclusion of public art and memorial structures throughout the city's parks and open spaces. Public art can play a vital role in transforming the community into a destination, a distinct place within the metropolitan area. Public art can also acknowledge and celebrate the City's history through commemorative art, memorials, and interpretive projects. While public art and memorials may enrich a park experience for park users, public open space is also a very precious commodity. New structures should be carefully reviewed to balance these two public benefits. Process for Selection Artwork and memorial structures may be acquired through donation, open competition, invitational competition or direct selection. The process for evaluating proposals is as follows: 1. Proposals for placement of artwork or memorial structures must be made in writing to the Director of Parks & Recreation. 2. Public comment period announced at APrC meeting. 3. Evaluation by the APrC with a recommendation based upon the public benefit of the action made to the City Council. 4. Action by the City Council. Conflicts of Interest Any member of the APrC with a connection or interest in one of the artists or pieces of art must disclose this conflict of interest. Public Review and Comment Period Each proposal will be announced to the public at an APrC regular meeting and then made available for public review and comment at Eagan City Hall for a minimum of 30 days before action is taken by the APrC. Required Proposal Information The written proposal must include: 1. A photo or drawing of the structure. 2. Appraised value of the structure. 3. Description of materials used to create structure including materials needed to display /secure the structure in the park. 4. Dimensions of structure including appropriate base materials needed at the park site. 5. Description, including materials, dimensions, wording and location, of interpretive signage for the structure. 6. Statement regarding relationship to proposed site including aesthetic, cultural, or historic ties. 7. Statement of probable lifespan of structure and annual maintenance needed to maintain structure integrity. 8. Statement as to whether the work is unique or duplicates other work by the same artist. 9. Statement regarding the significance of the person or event to be memorialized in relationship to the community and to the proposed site. (Memorial proposals only) Public Art and Memorial Guidelines All art and memorial structures must comply with applicable statues such as the Uniform Municipal Contracting Law, environmental laws, and disability /accessibility laws. In addition, all art and memorial structures must meet the following guidelines before being considered for placement in a City - owned park or open space: 1. Absolute ownership and control of the art or memorial structure must pass to the City, including all drawings, proposals, sketches, and other conceptualizations of the art or memorial. All intellectual property rights, including patents, copyrights and moral rights, must be assigned to the City. The applicant artist or donor shall waive all intellectual property rights, including moral rights, to the art or memorial structure. 2. Donations will not be accepted where a condition of donations requires permanent exhibition. 3. In the judgment of the majority of the APrC and the City Council, the structure must be appropriate for display to the general public. 4. Cost of on -going maintenance and repair anticipated throughout the lifespan of the structure must fall within normal park maintenance budget allocations. 5. Donations that require the City to pay installation, framing, restoration, or repair are not encouraged. 6. Artist or provider may request a specific site. However, each placement will be evaluated based upon suitability of the structure for the site. The APrC will make a recommendation to the Council concerning an appropriate site for each structure. 7. If proposal accepted by the City is a concept or design then the final product must match the approved concept or design. 8. The person to be memorialized shall have been deceased for a minimum of five years. (Memorials only.) Criteria for Review The APrC will make a recommendation based upon the following criteria: 1. The proposed structure should be compared with the artists' best work and the best works in the City collection. The acquisition should strengthen, rather than dilute the City's collection. 2. If the structure is to be erected outdoors, the physical condition of the structure should be considered in terms of durability in an outdoor setting. Any requirements for immediate or future conservation should be noted. 3. The structure must add interest and meaning to the environment in which it is placed. It must be compatible in scale, material, form and content with its surrounding and form an overall relationship with the site. Structure must conform to any existing Master Plan for the site. 4. The structure must have social, cultural, historical and physical context to the site, both existing and planned. 5. The City's overall collection shall strive for diversity in style, scale, media, and artists. There shall be encouragement of exploratory types of work as well as established art forms. 6. In addition to the criteria for a piece of art, memorials will be judged on the significance of the person or event being memorialized in relation to local social, cultural or historical context and must represent broad community values. 7. Structures whose messages are exclusively religious in nature will not be accepted. 8. Structures whose messages are exclusively political in nature will only be considered if the political message is of a historical context Removal of Public Art and Memorials The City shall remove and dispose of works of art and memorials in its collection when it finds such action to be in the public interest based upon the following: 1. As a means of improving the quality of the City's collection a. The structure has no relevance to the collection or serves no exhibition function. b. The structure has a duplicate in the collection. c. The structure no longer meets the current standards for public art and memorials. 2. Due to concerns for public safety when a structure becomes a hazard or a public liability. 3. The structure is in a seriously deteriorated condition. 4. Removal should not be based on current fashion or taste. Attention should be paid to maintaining a collection which forms a continuum of the City's visual art history. Recommendations for removal shall be made to the APrC who will then make a recommendation based upon the public benefit of the action to the City Council for final approval. Each request for removal will be announced to the public at an APrC regular meeting and then made available for public review and comment at Eagan City Hall for a minimum of 30 days before action is taken by the APrC. Once approval for removal is granted, the structure shall be disposed of in accordance with Minnesota Statues Chapter 471. Arts Planning Steering Committee Members 2014 NAME AFFILIATION Dorothy Peterson APrC Dennis Thompson APrC Nathan Neuman APrC Wayne Sames Eagan Art Festival, Board Richard Pletcher Eagan Art Festival, Board Pierre Najlis Eagan Art Festival, Board Wanda Borman Eagan Art Festival, Staff Cheryl Caponi Caponi Art Park, Staff Kay Brown Eagan Theater Company, Board Juli Seydell Johnson City of Eagan Parks & Recreation, staff Julie Andersen City of Eagan Parks & Recreation, staff Agenda Information Memo January 13, 2015, Special City Council Workshop VI. Impact Of The Outlet Mall On The Police Department And Other City Services Action To Be Considered: No formal action is needed. Facts: ➢ The Premium Outlet Mall opened on August 14, 2014. ➢ Police Chief McDonald along with Public Work's Director Matthys will give a brief presentation on the effects the redevelopment district has had on their departments. 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