12/14/2021 - City Council RegularSPECIAL CITY COUNCIL MEETING
TUESDAY
DECEMBER 14, 2021
5:30 P.M.
EAGAN ROOM—EAGAN MUNICIPAL CENTER
AGENDA
I.ROLL CALL AND ADOPTION OF THE AGENDA
II.VISITORS TO BE HEARD
III.SPEED LIMIT LEGISLATION UPDATE
IV.ORDINANCE AMENDMENT TO CITY CODE CHAPTER 11 REGARDING THE
CONDITIONAL USE PERMIT REQUIREMENT FOR ON-SALE LIQUOR
V.OTHER BUSINESS
VI.ADJOURNMENT
Agenda Memo
December 14, 2021 Special City Council Meeting
III. SPEED LIMIT LEGISLATION UPDATE
ACTION TO BE CONSIDERED: Receive an update from City staff regarding statutory authority
that allows Minnesota cities to establish speed limits on City streets without MnDOT
approval. Previous updates on the impacts resulting from this action taken during the 2019
Legislative Session were provided to the Public Works Committee.
BACKGROUND:
On August 1, 2019, the following statutory language was enacted:
o Cities authorized to set certain speed limits. Article 3, sections 34 and 35 amend
Minn. Stat. §169.14, subd. 5 and add a new subdivision to Minn. Stat. §169.14.
The provisions authorize a city to establish speed limits for city streets under the
city’s jurisdiction without conducting an engineering and traffic investigation. The
subdivision does not apply to township roads, county highways or trunk highways
in the city. A city that establishes speed limits using this authority must implement
speed limit changes in a consistent and understandable manner. The city must
erect appropriate signs to display the speed limit. A city that uses the authority
under this provision must develop procedures to set speed limits based on the
city’s safety, engineering and traffic analysis. At a minimum, the safety,
engineering and traffic analysis must consider national urban speed limit
guidance and studies, local traffic crashes and methods to effectively
communicate the change to the public.
o Residential roadway definition modified. Article 3, section 32 amends Minn.
Stat. §169.011, subd. 64. It expands the definition of “residential roadway” to
include “an area zoned exclusively for housing that is not a collector or arterial
street.” This has the effect of allowing cities and towns to adopt a 25‐mph speed
limit on residential roadways without a traffic engineering study or MnDOT
approval.
Prior to the adoption of these new statutes, the ability of a city to change speed limits
was limited and required a city to request MnDOT to conduct an engineering and traffic
study on the city street. After the report was completed, MnDOT would then set the
speed limit on the city street. The new law allows the City Council to adopt speed limits
on its streets without MnDOT involvement.
To establish speed limits using this authority, Eagan would need to do the following:
o Implement speed limit changes in a consistent and understandable manner.
Would support uniform speed limits on similar residential streets.
Would support consistency of application with neighboring cities to
ensure that there is speed limit uniformity for public safety and
enforcement purposes in suburban neighborhoods crossing corporate
boundaries.
Would not support individual requests for reduced speed limits on
specified residential streets, only collector or arterial streets.
o Erect MnMUTCD signs, site specific, to display any updated speed limits.
Agenda Memo
December 14, 2021 Special City Council Meeting
Would provide guidance to the public of any speed limit revisions.
Would support enforcement of speed limits.
Cost of supplying and installing signs would need to be added to annual
operating budget.
o Develop procedures to set speed limits based on the city’s safety, engineering
and traffic analysis, which may consider local traffic crash data and national urban
speed limit guidance and studies.
Would utilize results of Minnesota Local Road Research Board (LRRB)
study, Guidelines for Determining Speed Limits on Municipal Roadways,
for a documented process to conduct the required safety, engineering
and traffic analysis. The completed study is anticipated in late spring or
summer 2022.
Would consider results from the LRRB study, Impact of Speed Limit
Changes on Urban Streets, to evaluate the anticipated impact of new
speed limits on driver behavior for guidance on when speed limit changes
are likely to achieve their desired effect. The completed study is
anticipated in late winter 2022 or early spring 2023.
Would not support requests for specified speed limits on residential
streets.
The Public Works Committee has indicated with previous updates that they see no need
for a change in the City’s speed limits on local residential streets from the current 30
mph limit and encouraged City staff to coordinate with neighboring cities on this item
for consistency in application. The importance of cooperation with neighboring cities’
staff has been emphasized to ensure that there is speed limit consistency for public
safety and enforcement purposes with suburban neighborhoods often crossing city
boundaries.
Discussions with staff from other Dakota County cities has found uniform support for
such consistency. There has also been similar support to leave speed limits as they are
and to follow the guidance of the LRRB studies. City staff is part of a Dakota County
public works/engineering professionals’ group that is coordinating efforts on this new
local authority. Discussions amongst CONDAC (Coalition Of Northern Dakota Area
Communities) representatives recently indicate that such support continues to remain
consistent.
MnDOT and the State Aid Office have completed a Statewide Speed Limit Vision Project
utilizing a working group with many varied stakeholders (law enforcement, bike/ped
groups, County, City, etc), which had representation from the City Engineers Association
of Minnesota (CEAM), including Deputy Public Works Director, Tim Plath, who serves as
the chair of the CEAM Traffic Safety Committee. The results of their efforts created a
“unified vision” on the speed limit legislation and all speed limits on local roadways
across the state. (www.mnspeedlimitvision.org)
o Vision Statement – Speed limits are set with an emphasis on all users with key
influences of safety, engineering, and surrounding land use.
o Core Values – Speed limits are:
Affected by community context, land use, and road design.
Agenda Memo
December 14, 2021 Special City Council Meeting
Governed by voluntary compliance through education and accepted
social norms.
Established through consistent technical evaluation and applied equitably
across all communities.
The LRRB is the state’s leader in research of matters addressing County and City roads
and is currently undertaking the two referenced studies related to the 2019 changes in
the authority for establishing speed limits in cities. The first study, Guidelines for
Determining Speed Limits on Municipal Roadways, will incorporate the Statewide Speed
Limit Vision by creating a quick reference guide for setting speeds on local roads and
answering some questions related to the changes in state law.
On May 12, 2015, the City Council received a presentation on the Local Application of
the Strategic Highway Safety Plan from Howard Preston (CH2M Hill, Inc.), the state’s
consultant for the project. St. Paul and Eagan were the two cities that participated in
the local application of the safety plan review. Eagan was found to have no safety issues
with the speed limits at that time, which are consistent with the current speed limits.
The study recommended focusing more on intersection and crossing locations which
experience a larger portion of pedestrian/bicyclist related crashes.
The cities of Minneapolis, St. Paul, Edina, St. Louis Park, Golden Valley, and others have
already utilized their new authority to reduce both residential and collector street speed
limits, some to speeds of 20 and 25 miles per hour. These actions have received
noteworthy press and media attention and have been acknowledged by Eagan residents
seeking similar changes.
City of Eagan staff have received limited expressed interest or requests to change speed
limits on local residential streets in specific neighborhoods. Staff will continue to keep
the Public Works Committee apprised of any requests received.
Public Works staff will present an update and address any questions the Council may
have on this item.
ATTACHMENTS (1):
III‐1 Power Point Presentation
1
Speed
Limit
Legislation
Special City Council Meeting
December 14, 2021
1
2
City Council Speed
Limit Adoption
Minn. Stat. §169.14, subd. 5
Consistent
Understandable
Changes
Speed Limit
Signage
Safety &
Engineering Based
Procedures
2
3
Speed Limit Changes
Uniform Speed Limits on Similar Residential Streets
Consistency with Neighboring Cities
Not for Reduced Speed Limits on Specified Residential Streets
3
4
Speed Limit Signs
Guidance for Public of Revised Speed Limits
Support Enforcement
Additional Cost to Annual Operating Budget
4
5
Procedure
Set Speed Limits
Based on Safety, Engineering, & Traffic Analysis
May Include Local Crash Data
& National Urban Studies
Utilize LRRB Guidelines for Determining
Speed Limits on Municipal Roadways
Consider LRRB Impact of Speed Limit
Changes on Urban Streets
Not for Specified Speed Limits on Residential Streets
Communicate Speed Limit Changes
5
6
Questions?
6
Agenda Information Memo
December 14, 2021 Special City Council Workshop
IV. On‐Sale Liquor
Direction for Consideration:
Provide direction to staff for proposed City Code amendments to Chapter 11 regarding On‐sale
Liquor
Background
At the June 15, 2021, City Council meeting, Council directed staff to research and
prepare an ordinance amending City Code Chapter 11 regarding the conditional use
permit requirement for On‐sale Liquor in various zoning districts.
On‐sale Liquor requires conditional use permit approval within all commercial and
industrial zoning districts, generally where restaurants are also allowed. Those zoning
districts include, Limited Business (LB), Neighborhood Business (NB), General Business
(GB), Commercial Shopping Center (CSC), Cedar Grove District (CGD), Limited Industrial
(I‐1), General Industrial (I‐2), and Business Park (BP).
Eagan City Code allows Full Service and Casual Restaurants as a permitted use within
most commercial zoning districts; a CUP is required in Limited Business and Business
Park.
The City has received eight Conditional Use Permit requests for On‐sale Liquor since
2005. Within commercial Planned Developments, On‐sale Liquor has either been
permitted in conjunction with a full service or casual restaurant use during the initial PD
review or later as a PD Amendment.
The State of Minnesota allows On‐sale Liquor sales in conjunction with uses that serve
food, including restaurants, hotels, bowling centers, clubs or congressionally chartered
veteran’s organizations, theatres, breweries, distilleries, along with several special uses.
In 2020, the City Council amended the City Code to remove separation requirements for
“On‐sale” and “Off‐sale” liquor from churches, schools, and childcare facilities.
Findings
Staff researched other peer communities regarding the land use process to allow On‐
sale Liquor. The peer communities included: Apple Valley, Lakeville, Burnsville, Inver
Grove Heights, Hastings, Bloomington, Eden Prairie, Plymouth, Minnetonka, and
Woodbury.
No across the board consistency among the above communities.
Apple Valley and Minnetonka were the only two communities largely requiring a
conditional use permit for On‐sale Liquor sales.
Lakeville allows on‐sale liquor as a permitted use for restaurants and other uses as
governed by the State. Breweries and distilleries require a CUP for tap and tasting rooms
within industrial zones.
Plymouth requires CUP for brewpubs and restaurants within certain zoning districts
(equivalent to Eagan’s Neighborhood Business and Business Park zoning districts), but
on‐sale liquor is generally permitted in association with restaurants and other
associated uses within all other zoning districts.
All other communities on the list allow On‐sale Liquor in conjunction with restaurants
and other facilities that serve food.
Several communities require a CUP for breweries and distilleries requesting a taproom
or tasting room. This is partially due to the limited food options that a brewery or
distillery may offer.
Additional Considerations
City Code requires CUP approval for all outdoor patios that are located within 200 feet
of residential, contain more than 24 seats, or restaurant requires CUP approval.
City Code Chapter 5, Beer, Wine and Liquor Licensing and Regulation, lists other
standards regarding liquor licensing. City Code requirements for outdoor patios were
questioned as part of a recent CUP request. The State of Minnesota does not
specifically require walls or fences to enclose patios. City Code amendments consistent
with State requirements may be warranted in order to provide flexibility.
o A “licensed premises” shall consist of the building or portion of a building and
any outdoor seating area that is compact, contiguous and attached to the
building or portion of the building to which the license applies, provided the
outdoor seating area is separated and delineated by a permanent wall or fence
with ingress thereto only from the licensed building.
Depending on amendments to Chapter 11, additional code amendments to Section 5
may be necessary to allow On‐sale Liquor as a permitted use by right in association with
a State approved use.
Policy Questions
1.Amendment considerations:
A.Remove On‐sale Liquor as a CUP from all zoning districts, allowing it as an ancillary
use to principal use (i.e. restaurant)? (Liquor License would still be required)?
OR
B.Retain On‐sale Liquor as a Conditional Use within certain zoning districts in order to
ensure land use compatibility issues are addressed? (Liquor License would still be
required)?
2.Review outdoor patio standards in relation to:
•Special use separation (200 feet) tp residential?
•Seating threshold (24 seats) triggering CUP?
•Fencing and “containment” requirements?
3.Should the City retain CUP requirement for On‐sale Liquor for tap and tasting rooms
within Industrial Zone?
Attachments (1):
IV‐ 1 Presentation
On-Sale Liquor
CUP/Zoning
December 14, 2021
On-Sale Liquor – Zoning Districts (CUP)
Limited Business
Neighborhood Business
General Business
Community Shopping Center
Cedar Grove District
Limited Industrial (with brewery or microdistillery)
General Industrial (with brewery or microdistillery)
Business Park
P, Park District (associated with a golf course clubhouse)
PF, Public Facility (associated with a golf course clubhouse)
Commercial Districts
Industrial & Business
Park Districts
Park Districts
On-sale means the sale of alcoholic beverages for consumption on the licensed
premises only (i.e. restaurants)
On-Sale Liquor – Eagan
CUP for On-Sale Liquor
•Public notification/comment
No performance standards – Removed special use separation in 2020
Full Service and Casual Restaurants permitted in most zones
•CUP in LB and BP
Outdoor Patio regulations apply (unless modified)
PD Amendment for new restaurant, On-sale Liquor, or outdoor patio
•Once permitted, generally allowed on site
On-Sale Liquor – Peer City Findings
Peer cities listed in packet
No consistency
Majority allow on-sale liquor as ancillary use.
A few cities require CUP in proximity to residential
Cities more likely to regulate outdoor patios (CUP)
On-Sale Liquor – Performance Standards
Outdoor dining areas
Permitted:
Restaurant permitted use
< 24 persons
> 200-foot to residential
Conditional Use:
Restaurant is conditional
> 24 persons
< 200-foot to residential
All regulations in Chapter 5 of the Code shall apply
Policy Questions
1. Amendment Considerations:
A. Remove On-sale Liquor as a CUP from all zoning districts,
ancillary use to principal use (i.e. restaurant)?
OR
B. Retain On-sale Liquor as a CUP within certain zoning districts to
ensure land use compatibility.
Policy Questions
2. Review outdoor patio standards:
•Special use separation?
•Seating threshold?
•Fencing and containment requirements?
3. Retain CUP requirement for On-Sale Liquor for tap (brewery) and
tasting (distillery) rooms within Industrial Zone?
Next Steps
1. Work with APC on Code Amendments
2. Present APC recommendations at Council Workshop
3. Public Hearing at APC
4. Present to City Council for Adoption of Ord. Amendment(s)