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
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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
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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.
Attachments: (1)
VI -1 Presentation
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