05/13/2003 - City Council Special.~c.C 2..
AGENDA
SPECIAL CITY COUNCIL MEETING
TUESDAY
MAY 13, 2003
5:30 P.M.
COMMUNITY ROOM
EAGAN CITY HALL
I. ROLL CALL AND AGENDA ADOPTION
II. VISITORS TO BE HEARD
III. SHORELAND ZONING - HARNACK & KENNEALY CREEKS
IV. PRESENTATION BY CAPE GROUP
V. DAKOTA WOODLANDS
VI. PART III -FIVE (YEAR) C.LP.
VII. DIRECTION RE: MASSAGE THERAPY ORDINANCE
VIII. CAPONI ART PARK 2003 SUMMER PROGRAMS
IX. REVIEW CURRENT POSITIONS WITHIN THE CITY
X. OTHER BUSINESS
XI. ADJOURNMENT
~_ t~ t,~;_ MEMO
' city of eagan
TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MAY 9, 2003
SUBJECT: SPECIAL CITY COUNCIL MEETING /MAY 13, 2003
A Special City Council meeting is scheduled for Tuesday, May 13, 2003 in the Community Room
of the Eagan City Hall to discuss a variety of items directed to this work shop.
SHORELAND ZONING - HARNACK & KENNEALY CREEKS
The item was originally discussed at the City Council Workshop held on April 8, 2003. The
discussion at that meeting grew more confusing due to references to buffer and setback and
shoreland area being used synonymously. Ultimately, the council directed staff: to perform
research into the timing of the City's adoption of the shoreland Ordinance in relation to when
properties were acquired by homeowners (Ordinance adopted in 1983), to determine the
dimensions of the shoreland area (300'), to identify the permitted and conditional uses within the
shoreland area (attached), research why the City adopted regulations that are more restrictive than
the DNR requires (unable to determine rational used at the time), and provide a brief history on the
conditions of the two creeks (Pat Lynch, DNR will be in attendance at Tuesday's meeting).
The topic originally arose in relation to the City Council's deliberation regarding the Guide Plan
Amendment for Special Area 5 (Cedarvale Area) which spoke to environmental issues existing in
the northeast quadrant of Cedar Avenue and Highway 13. Included in the discussion were the
City's development restrictions in relation to the two creeks in the area.
Harnack and Kennealy Creek are located in Section 18 and are designated as Tributaries by the
DNR and Eagan, within the City's adopted shoreland Zoning regulations. In this instance, the
Shoreland area is defined as 300' from the tributaries or designated floodplain extent, which ever is
greater. This definition was based on the shoreland extent of tributary river segments defined in
Minnesota Rules, part 6120. Both of these creeks are also considered urban trout streams by the
Minnesota DNR Fisheries and, although essentially unrelated to the Shoreland rules, are protected
similarly as public waters.
Attachments: (3)
Area Map highlighting Harnack and Kennealy Creeks on page ~.
Letter from Pat Lynch, DNR South Metr Area Hydrologist on page ~ through.
Copy of pertinent State Rules on pages ~ through
Staff is looking for direction on the following issue: Minnesota Rules provide minimum
requirements for local governments to incorporate into their shoreland Zoning regulations. The
Rules also establish minimum requirements for uses in the shoreland area of tributaries and list
particular land uses as either, permitted, conditional, or not permitted. The current City of Eagan
shoreland Zoning Ordinance prohibits all development within the 300' shoreland area of urban
rivers and tributaries.
DIRECTION TO BE CONSIDERED:
To discuss and provide direction regarding the current City of Eagan shoreland Zoning Ordinance
as it relates to urban rivers and tributaries.
PRESENTATION BY CAPE GROUP
The City Administrator has met on several occasions with Sherry Timmermann, Community
Organizer for CAPE (changing alcohol policies at events). The City of Eagan is one of several
local government entities that were selected to review and prepare a list of procedures for temporary
malt liquor license and temporary on-sale license. The City of Eagan was a random selection
through the Alcohol Risk Management Program with the University of Minnesota.
Sherry Timmermann, Community Organizer, has met with several community leaders including
members of the City Council, the 4`'' of July Association, as well as staff from the City of Eagan.
The CAPE group met Thursday, May 1, and finalized the information regarding the temporary malt
liquor license, which they plan to present to the City Council at the meeting on May 13. A copy of
a letter and attachments provided by CAPE are enclosed on pages ~ through p~,
The CAPE group is of the understanding that this item would be placed on the May 20 City Council
agenda for ratification with or without any modification by the City Council. The City
Administrator did notify the Lions Club, in a conversation with Dave Ashfeld, as to why the Lions
4`h of July on-sale beer license was continued to the May 20 City Council meeting. The purpose for
the continuance was to allow the CAPE group to make their presentation and have their findings
considered by the City Council at the May 13 work shop and May 20 City Council meeting.
DIRECTION TO CONSIDERED:
To approve the recommendations of the CAPE group and place this item on the May 20 City
Council meeting with or without modification for formal action by the City Council.
DAKOTA WOODLANDS
Per the direction of the City Council at the May 6 Listening Session, an agenda item has been
scheduled to discuss the request of Dakota Woodlands to receive free tickets to Cascade Bay and/or
The Blast. The City Administrator has been in communication with Dakota Woodlands' staff
regarding their recent letter, enclosed on pages~_ through. After receiving the letter, the
City Administrator contacted Dakota Woodlands Director, Reyne Branchaud-Lionk, via telephone
during the week of April 7 to discuss the matter. The City Administrator informed Ms. Branchaud-
Linsk that in the past, the City has been able to provide Dakota Woodlands with a limited number
of free passes to Cascade Bay through the Recreational Scholarship Fund that was created for such
a
requests. Unfortunately, that scholarship fund has been depleted. Furthermore, recognizing the
Council's direction that all services, programs and rental fees must be paid for at the Community
Center, the City Administrator told Ms. Branchaud-Linsk that the City would be unable to provide
free passes this year. Lastly, the City Administrator informed Ms. Branchaud-Linsk that she always
has the option of contacting the City Council directly to make a formal request for the free passes.
Ms. Branchaud-Linsk approached the City Council on this matter at the May 6 Listening Session, at
which time the Council directed the request of Dakota Woodlands to the May 13 Council
workshop.
DIRECTION TO BE CONSIDERED:
Provide direction to staff regarding Dakota Woodlands' request for free tickets to Cascade Bay
and/or The Blast.
PART III -FIVE (YEAR) C.I.P.
Each year the City Council considers the Public Works five (5) year CIP at a work session during
the month of May. This allows the City Council to adopt this section of the five (5) year Part III
CIP for all the public infrastructure improvements at a meeting in either late May or early June so
staff can proceed with the necessary fact-finding, public meetings, etc. to prepare for project
implementation in the first year of the CIP, which in this case is 2004.
The City's overall CIP is divided into three separate and specific parts. Part I is the General
Government Facilities portion of the CIP. Generally, Part I includes public buildings, i.e., City
Hall, Cascade Bay, Civic Arena, etc. Historically, the following four revenue sources have been
used to finance the Part I investment:
• Community Investment Fund
• Single Family Bond Fund
• GO Bond Referendum
• Public Enterprise Capital Fund
At this time there are no items under consideration in the Part I, Public Facilities, section of the
2004 through 2008 CIP.
The second part of the five-year CIP is referenced as Part II, Vehicles and Equipment, and provides
for the purchase of new and replacement equipment for all City operations. The Part II CIP for
2004 through 2008 will be presented to the City Council as a separate document for consideration
during the fall. Part II is financed through the Equipment Revolving Fund, primarily property taxes,
and through revenues from enterprise fund operations generated through user fees.
The third category of the overall CIP is Part III, Public Works Infrastructure and Parks Acquisition
and Development. The following revenue sources have historically been used to finance Part III
investment:
• Ad Valorem Tax Levy
• Municipal State Aid
• Federal, State and County Cost Sharing
3
• Revenue Bonds
• Special Assessment Bonds
• Park Site Acquisition and Development Fund
• Water Quality -Developer Dedications
• Connection Charges
The Parks Acquisition and Development section of the Part III CIP was reviewed by the City
Council in a joint meeting with the APrC on March 25 and formally approved by the City Council
at the April 1, 2003 regular meeting. The other portion of the Part III CIP, public works
infrastructure for the community, is the focus of the meeting on Tuesday, May 6.
A copy of the Part III Public Works Infrastructure five (5) year CIP (2004-2008) was distributed to
the City Council for review as a part of the Informative Memo on May 2. Please bring that
document for use and reference at the meeting on Tuesday.
DIRECTION TO BE CONSIDERED:
To provide direction to staff regarding the proposed Public Works Infrastructure five (5) year CIP
so the document can be modified and scheduled at a later meeting for official action by the City
Council.
DIRECTION RE: MASSAGE THERAPY ORDINANCE
Chapter 6, Subdivision 4 of the Eagan City Code addresses Massage Therapy Establishment
Licenses. Subdivision 4C1 specifically addresses the total number of licenses allowed in the
City as being limited to six. Inadvertently, this stipulation has been overlooked and Eagan
currently has issued 10 massage therapy establishment licenses. The limitation on establishment
licenses applies only to non-health care facilities (i.e. tanning salons}. Health care facilities do
not require an establishment license, although all therapists are licensed.
During recent years, massage therapy has become a popular and widely accepted service and
limiting the number of massage therapy establishments to six in a city the size of Eagan is
unusual. For example, the City of Burnsville has no limit on the number of massage therapy
establishments and the City of Apple Valley has ceased licensing the establishments as well as
massage therapists.
The Police Department reports no enforcement concerns with either the existing number of
license holders or with an increase in that number assuming no other City Code changes.
Staff is seeking direction regarding an update to the current limit on massage therapy
establishment licenses, or reaffirmation to stay at a limit of six with a reduction through attrition.
A copy of the current ordinance regulating massage therapy establishment licenses and massage
therapists licenses is attached as page~~ throug)1~.
DIRECTION TO BE CONSIDERED:
Direction regarding City Code, Chapter 6, relating to massage therapy establishment licenses.
4
CAPONI ART PARK 2003 SUMMER PROGRAMS
An item for consideration of a City contribution to the Caponi Art Park to assist in operation of the
summer 2003 programs and activities at the Caponi Art Park was placed on the May 6, 2003 City
Council Agenda. The City Council removed the item from that agenda and directed that an item be
placed on the agenda for the May 13 special meeting for the purpose of discussing the overall
policy questions that surround the City participating financially with the Caponi Art Park and
Learning Center which is not an official program of the City.
Enclosed on pages ~_ through ~_ is a copy of the minutes from the special meeting of
March 25, 2003.
Enclosed on pages through ~ is a copy of the Administrative Agenda material provided
for the April 1, 2003 regular meeting.
Enclosed on pages ~_ through ~ is a copy of the minutes of the April 1, 2003 regular
meeting.
DIRECTION TO BE CONSIDERED:
To provide direction to staff regarding any desired action concerning the Caponi Art Park Summer
Programs.
REVIEW CURRENT POSITIONS WITHIN THE CITY
Per the Council's request, a list of vacant positions within the City is being prepared for
presentation to the City Council at the May 13 workshop. The list will include full time and
regular positions, but will not include seasonals, the Community Development Director, or the
Police Sergeant positions, per the direction of the Council at the April 29 workshop. The Council
will have an opportunity to discuss the vacant positions and provide direction to staff regarding
any further exceptions to the hiring freeze.
DIRECTION TO BE CONSIDERED:
To provide direction to staff regarding vacant staff positions.
/s/ Thomas L. Hedges
City Administrator
city of eac]an
Shoreland Area and Tributaries
S 1/2 Sec 18, T1NP27, R23
Legend
=- Shoreland Tributary
~.1
~~ ~ ~ 300' Shoreland Area N
Parcel Line
X Non-public effected parcel
o uc soo soa So.ee,
cif
April 9, 2003
Mike,
As we discussed this morning, I just received notice of last night's meeting to
discuss matters relative to Kennealy and Harnack Creeks. Apparently the notice
was sent to our St Paul office and it took a few days to get to me here at the
field office.
I understand there was discussion about what the city is calling a "300'
creek buffer".
Harnack and Kennealy Creeks are DNR-regulated watercourses. Activities within
the banks of the watercourses are subject to DNR permit rules. Last year, Eric
Macbeth and I determined the southern (upstream) limits of DNR jurisdiction,
based upon where there was a definable stream bed and banks. I believe the
location of this limit has since been located by GPS and provided to the city.
These two streams are also designated trout streams. This designation is made
by DNR (not the city).
Finally, the land use in the vicinity of these two streams is subject to the
provisions of the city's shoreland zoning ordinance. The state has developed
rules for shoreland zoning that local units of government are legally obligated to
adopt and administer. Shoreland areas are defined as those areas within 1000'
feet of lakes, and 300' from the top of the bank of a stream channel or the
landward extent of a floodplain, whichever is greater. Properties within these
areas are subject to the city's shoreland ordinance.
Minimum statewide standards for shoreland zoning can be found at
http: //www.revisor.leq.state.mn. us/arule/6120/
Under the minimum state standards, development can occur within shoreland
areas. For example, within the 300 feet on either side of Harnack or Kennealy
Creeks, shoreland rules would allow for structures to be constructed up as close
as 50' from the bank for sewered lots (100' unsewered). Impervious surface
coverage is limited to 25% of the lot. There are also provisions regarding
vegetation alteration, grading, filling, agriculture, etc. Of course there are a
number of other factors which influence the "developability" of the land
(floodplain, wetlands, underlying zoning, etc.), so the actual land area able to be
developed may be very limited by other zoning provisions.
It appears the city of Eagan has adopted standards which are more restrictive
than the statewide minimums. It is my understanding the city allows no
7
development within the 300' shoreland districts of Harnack and Kennealy Creeks.
Because these are designated trout streams, are located near Ft Snelling State
Park, are near a calcareous fen, and are sensitive to development impacts,
particularly stormwater, the DNR is supportive of the city's more restrictive
ordinance requirements.
I know the above is brief, but I hope it helps. Let me know if you,
the planning commission, or the city council would like me to attend a future
meeting to address any additional questions you or they may have.
Pat Lynch
DNR South Metro Area Hydrologist
phone 651.772.7917
fax 651.772.7977
pat.lYnchCc~dn r.state. m n. us
Minnesota Rule 6120.3300
Subp. 2b. Lot width standards for single, duplex, triplex,
and quad residential development; river classes. The lot width
standards fcr single, duplex, triplex, and quad residential
de~.~elopment for river classes are:
Lct ~Jaidth ( feet )
Re- For- Trans- Agri-
mote ested ition cultura
Single 300 200 250 150
Duplex 450 300 375 225
Triplex 600 400 500 300
Quad 750 500 625 375
Urban &
Tributary
o sewer Sewer
100 75
150 115
200 150
250 190
Subp. 3. Placement and height of structures and facilities
on lots. When more than one setback requirement applies to a
site, structures and facilities must be located tc meet all
setbacks. The placement of structures and other facilities on
ail lots mast be managed by shoreland controls as follows:
r. Structure setbacks. The following minimum
setbacks presented in the following table for each class of
public waters apply to all structures, except water-oriented
accessory structures and facilities that are managed accord-ng
to item H:
(1) Structure setback standards
Ordinary high water Setback. from top
Class level setback (feet) of bluff (feet)
Unsewered Se wered
?natural environment 150 150 30
R.ecreatior:al development 100 75 30
general development 75 50 30
Remote ri~~-er segments 2GG 2C0 30
orested and
transition river segments Lou l~u ~u
~gricultura ur an, an
tributary river segments 100 50 3C
(2) Exceptions to structure setback standards i.^.
subitem (1) Where structures exist on the adjoining lots on
:;cth sides of a proposed bu=d ding site, structure setbacks may
be altered without a variance to conform to the adjoining
setbacks provided the proposed building site is not located in a
shore impact zone or in a bluff impact zone.
B. High water elevations. In addition to the setback
requirements of item A, local shoreland controls must regulate
placement of structures in relation to high water elevation.
Where state-approved, local flood plain management controls
exist, structures must be placed at an elevation consistent with
t!-:e ccntrols. Where these controls do not exist, the elevation
tc which the lowest floor, inc'uding basement, is placed or
flood-proofed must be determined as follows:
(1) For lakes, by placing the lowest floor at a
le-rei at least three feet above the highest known water level,
.,r three feet above the ordinary high water level, whichever is
r.i~her. In instances where lakes have a history of extreme
~,aa`er ~e-.,-e~ fluctuations or have ne outlet capable of keeping
_he lake level at or below a level three feet above the ordinar~,°
..ig~ •.~ater level, local controls may require structures to be
http : //w~1~~. re~• i sor.leg. state. mn. us/arule/6120/3 3800. html
1
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Minnesota Rule 6120.3300
(2i an erosion. and sediment control plan is
de~~reioped and approved by the local soil and water conservation
district before issuance of a conditional use permit for the
conversion.
C. Use of fertilizer, pesticides, or animal wastes
within, shorelands must be done in such a way as to minimize
impact on the shore impact zone or public water by proper
application or use of earth or vegetation.
Subp. 9. Extractive use standards. Processing machinery
must be located consistent with setback standards for structures
from ordinary high water levels of public waters and from bluffs.
An extractive use site development and restoration plan
must be developed, approved by the local government, and
followed over the course of operation of the site. The plan
must address dust, noise, possible pollutant discharges, hours
and duration of operation, and anticipated vegetation and
topographic alterations. It must also identify actions to be
taken during operation to mitigate adverse environmental
impacts, particularly erosion, and must clearly explain how the
site will be rehabilitated after extractive activities end.
Subp. 10. Standards for commercial, industrial, public,
and semipublic uses. Surface water-oriented commercial uses ar:d
industrial, public, or semipublic uses with similar needs tc
have access tc and use of public waters may be located on
parcels or lots with frontage on public waters. Uses without
water-oriented needs must be located on lots or parcels without
public waters frontage, or, if located on lots or parcels ~~aith
public waters frontage, must either be set back double the
normal ordinary high water level setback or be substantially
screened from view from the water by vegetation or topography,
assuming summer, leaf-on conditions. Those with water-oriented
reeds must meet the following standards:
A. In addition to meeting impervious coverage limits,
setbacks, and other zoning standards presented elsewhere in
parts r,"~20.250C to r;"i~.~._?~~~':, the uses must be designed to
incorporate topographic and vegetative screening of parking
areas and structures.
B. Uses that require short-term watercraft mooring
for patrons must centralize these facilities and design. them to
avoid obstructions of navigation and to be the minimum size
necessary to meet the need.
C. Uses that depend on patrons arriving by watercraft
may use signs and lighting to convey needed information to the
public, subject to the following general standards:
(1) No advertising signs or supporting facilities
for signs may be placed in or upon public waters. Signs
conveying information or safety messages may be placed in or on
pubic waters by a public authority or under a permit issued by
the county sheriff.
2? Signs may be placed, when necessary, within
the shore impact zone if they are designed and sized tc be the
minimum necessary to convey needed information. They must or,iy
convey the location and name of the establishment and the
general types of goods or services available. The signs must
not contain other detailed information such as product brands
http: //v~~~-. nevi son. l eg. state. mn. us/arule/6120/3 300. html
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Minnesota Rule 6120.3200 Page 4 of
Subp. 5. Shoreland classifications and uses; rivers. For
the river classes, districts, and uses in this subpart, P =
permitted uses, C = conditional uses, anal N = prohibited uses.
A. River classes in special protection districts.
Re- For- Trans- Agri- Tribu
Uses mote ested ition cultural Urban tart'
Forest management F P P P P P
Sensitive resource
management P P P P P P
Agricultural: cropland
and pasture P P F P P P
Agricultural feedlots C C C C C C
Parks and historic sites C C C C C C
Extractive use C C C C C C
Single residential C C C C C C
Mining of metallic
minerals and peat P F P P P P
B. River classes in residential districts.
Re- For- Trans- Agri- Tribu
Jses mote ested ition cultural Lrban tart'
Single
residential P P F P P P
Semipublic C C C C C P
Parks and historic sites C C C C C P
Extractive use C C C C C C
Duplex, triplex, quad
residential C C C C P C
Forest management P P F P P P
Miring of metallic
minerals and peat P P P P P F
C. River classes in high density residential
districts.
Re- For- Trans- Agri- Tribu-
Uses mote ested ition cultural Urbar, tart'
<esidential planned
unit developments C C C C C C
Single residential P P P P P P
*Surface water
oriented commercial C C C C C C
Semipublic C C C C C C
Parks and historic sites C C C C C C
Duplex, triplex, quad
residential P F P P P P
Forest management P P P P P P
D. River classes in water-oriented commercial
districts.
Re- For- Trans- Agri- Tribu
Jses mote ested ition cultural Urban tart'
Surface water-oriented
commercial C C C C C C
**Commercial planned
unit development C C C C C C
Public, semipublic C C C P F P
Parks and historic sites C C C C C C
Forest management P P P P P P
http:/h~~~~.re~ isor.leg.state.mn.us/arule/6120/3200.htm1 ~/6'?003
~~
Minnesota Rule 6120.3200
E. River classes in general use districts.
Re- For- Trans- Agri- ':ribu
Uses mote ested ition cultural Urban tarn
Commercial C C C C P C
**Commercial planned
unit development C C C C C C
Industrial N C N N C C
Public, semipublic C C C C P C
Extractive use C C C C C C
Parks and historic sites C C C C C C
Forest management P F P P F P
P~lining of metallic
minerals and peat P P P P P P
*As accessory to a resi dential planned unit devel opment
** Limited expansion of a commercial planned unit
development involving up t o six additional dwelling uni~s or
sites may be allowed as a permitted use prcvided the provi sions
o~ part ~___;,.._._' subpart 2, are satisfied
sTzT AUTH: r~s s _^~~..Ss~
HiST: 13 SR ?029
i:vrrent as of 12/19/01
http:!/www.revisor.leg.state.mn.us/arule/6120/3200.htm1
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Changing Alcohol PolicJes at Events
May 5, 2003
City of Eagan
Tom Hedges
3830 Pilot Knob Rd.
Eagan, MN 55122
Dear Tom,
The CAPE group met Thursday May 15` and finalized the information regarding
temporary malt and liquor licenses, which they plan to present to the city council for
deliberation. Again, the desire of the CAPE group, is that the council would adopt these
polices as a condition of the temporary license. The group has incorporated the
recommended policies in a list of procedures that they propose be an addendum to the
current license application. This is the page titled Procedures Temporary Malt Liquor
License & Temporary On-Sale License. Accompanying this page is a page of
supporting explanations for the procedures that applicants are able to reference if there is
anything unclear in the procedures.
The remaining items the CAPE group is recommending be given to the applicarrt of a
temporary license as a packet of resource information. This packet of resource
information should make it easy for any applicant to comply with the proposed
procedures.
Thank you for taking the time to see that this information is included in the council
packet for the workshop.
Sincerely,
~~~~~,
Sherry Timmermann
Sherry Timmermann, Community Organi;,er
651-238-6538 timmermann@epi.umn.edu
13
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~`t-cHe;eT_~ \linne~ota Department of Public Safzt~_' ~>~e
v
~
\111.1 ul. vr.
'
.I~• 4
~~--~-, ~lcohul .lnd Gambiin~ Enforcement Di~'i~l~m~ ~~
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~ K.
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~~~~=~~= -~-~-1 Cedar St-Suite 1~3 ~
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~y~~.= ~ ~ s - St. Paul, i/IN ~~ 101-~ 1 ~3
(651)96-639 TDD (6~1)~82-65~~
APPLICATION AND PER~'~IIT
FORA TEDIPORaRl' ON-SALE LIQUOR LICENSE
TYPE OR PRINT INFORIvIATION
NAi`tE OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER
STREET ADDRESS CITY STATE ZIP CODE
NAitiIE OF PERSON 1~1AKING .-APPLICATION BUSINESS PHONE
t HOh1E PHONE
~ ~
D?;!'ES LIQUOR V~ ILL BE SOLD TYPE OF ORG.-~VIZATIOti
-CLUB CHARITABLE -RELIGIOC~S =OTHER NONPROFIT
ORGANIZ.~TION OFFICER'S NAi`1E ADDRESS
ORGANIZATION OFFICER'S NA:~1E ADDRESS
ORGANIZATION OFFICER'S NAME ADDRESS
Location where license will be used. [f an outdoor area. describe
~ ~~ ill the appucant contract for Intoxicating liquor service,' If ;o, wive the namz anti atitlress of the liquor iict nsee providing the service.
I _
~,
~
Will the applicant carry liquor liability insurance' Ii S
,the carrier's name and amount oY covera_e.
c MOTE: Insurance is not mandatorv.l ~
" •.
APPROVAL
~PP(.[CA"CION ;4{L'ST BE APPROVED B1' C(TI' OR COC~iTY BEFORE`4LBti[1TT4~iG TO A1.COH0[. & G.a~1BLL\G E\'FORCEVIENT
CIT1'iCOL'NTY TE .APPROVED
CITY FEE AtiIOUNT LIC SE DATES
DATE FEE PAID
a Enturcement Director
SIGNATURE- CITI' CLERK OR COUNTY OFFICIAL APPROVED Alcuho[~Bc Gamblin
_
\ote: Do not separate these twn parts, send both parts to the address above and the original sign by this division
will be returned as the license. submit to the city or County at least 30 days before the e~ nt.
PS•09079(6/981
l~
City of Eagan
Procedures
Temporary Malt Liquor License
Temporary On-Sale License
As a condition of your temporary malt or on-sale license and as part of your application please
complete the following and return along with the other paperwork received from City Hall.
• Agree all alcohol will be sold, served and consumed ui a designated area, which is enclosed
by fencing or other adequate material that will control access to area.
To accommodate a vaziety of events and individual event designs, please indicate how you
will, at your event, prohibit sales to anyone under the age of 21 in your designated alcohol
area by choosing one of the options listed below:
^ Allow individuals under the age of 21 into the designated area, but use a wristband to
easily identify those over the age of 21 whose age ID has been verified by a valid ID.
(Wristband should be of Tyvek or other material that makes it difficult to reurove acid
transfer to another individual. See list of vendors provided.]
^ Restrict the designated azea to individuals over the age of 21 whose age ID has been
verified by a valid ID.
^ Restrict the Event to those over the age of 21. h2 this case the whole event site is the
designated area. In addition, some provision should be made to ensure that all those in
attendance are over 21 years of age.
• Agree that all alcoholic beverages shall be sold in 12 oz cups for beer acid 5 oz glasses for
wine in a cup that is of a distinctly different color from that of other non-alcoholic beverages.
• Agree that there will be a lead person on dut}~ at all times, that servers will be 21 yeazs of age
and older and that servers will refrain from drinking alcoholic beverages during their shift.
• Agree that signs will be posted at all entrances prohibiting sales and consumption of alcoholic
beverages to those under 21 and also to those obviously intoxicated. (See attached sign
provided for your use to copy and post.)
• Agree that written procedures for identifying and handling obviously intoxicated individuals
be available on site for the servers. (See attached sample to use.)
• Agree that all servers acid security should complete some type of approved server h~aining.
(See attached sheet for list of suggested training sources.)
• Agree to provide adequate paid or volunteer security to monitor alcohol consumption.
I agree to the above conditions and procedures and will complete alcoholic beverage server
training.
Name Date
A site plan must be included with the application.
~~
Supporting Explanations for the Temporary License Procedures
1. The first requirement is that all alcohol must be pw~chased acid consumed ii a restricted area
surrounded by a snow fence or similaz type fencing, which cannot be easily compromised.
This allows the event coordinator to control the flow of customers. Patrons will also be
required to consume their alcoholic beverages in this area.
We understand that each event will be set up a little differently so the next section of this
requirement allows you to indicate how you plan to ensure that only those of legal age aze
able to purchase and consume alcoholic beverages. The goal, again, is to reduce the chance
of underage consumption.
The first choice under this requirement allows families and groups where there aze
members under the age of 21 to be in the designated azea. It requires, however, that age be
verifed and a wristband be used to easily identify those of legal age for consumption. There
is a list of sources for the purchase of wristbands included in your packet. You may also have
been provided a supply through a donation from various community groups.
The second choice under this requirement makes the designated area available only to
those of legal age. ID's would be checked at tine entrance to enswe that only those over 2 l
are in this area.
The third choice pertains to events like a wine tasting where tickets are pre-sold and only
those over 21 attend the event. Again some pro~zsion is required to ensure that only those of
legal age are in attendance.
2. The second requirement is that alcohol be sold in 12 ounce cups for beer and 5 ounce glasses
for wine in a distinguishable cup/glass. The reason for this requirement is to determine easily
who is drinking alcoholic beverages. There is a list of sowces for these cups provided for
you in the packet.
3. The third requirement is that all staff directly involved in the serving of alcoholic beverages
must be 21 years of age and shall not be intoxicated. Further there should he a designated
lead person on duty during serving times. This is to be sure there is someone to assist in
making any decisions pertaining to over serving or youth access as it relates to the serving of
alcohol.
4. The fourth requirement is that signs will be posted at all entrances prolubiting conswnption
and sale of alcoholic beverages to those under 2l and the obviously intoxicated. Sample
signs have been provided for your use to copy and post.
5. The fifth requirement is that there be written procedures for identifying and handling
obviously intoxicated individuals and that these procedwes be on site for servers to review.
Provided in your packet aze suggested procedures for you to adopt and use. Please be sure
that yow servers review this sheet. Most likely your servers aze volunteers who may not be
fannuliaz with identifying and handling obvious intoxicated patrons. Let these procedures
serve as a resowce for you to be safe in your serving of alcohol at your event.
6. The sixth requirement is that your servers and security personnel receive alcohol beverage
server training. There is a list of sources for this training provided in your packet as well as a
list of topics that should be covered in a training. To meet this requirement you only need to
have one person from your organization attend a training, if they come back and train the
other servers and security personnel.
7. Tlne last requirement is that there be adequate security either paid or volwnteer at your event.
Yow designated security could also be the individuals you have serving or~checking ID's at
the entrance. Just be sure that you have designated an adequate number of individuals with
the role of security to handle any issues that may arise with the consumption of alcohol.
Make sure also that they have been trained and know the procedures to follow if an issue
arises.
/~
Legal Inforrr~atio~~
A license or permit is required in order to sell, barter, keep for sale, charge for
possession or otherwise dispose of alcoholic beverages as part of a commercial
transaction.
A club or charitable, religious, or nonprofit organization may be issued a
temporary on-sale license for the sale of 3.2 percent malt liquor.
License fees for the various kinds of licenses described above are set by the
municipality.
The legal age to possess, purchase, or consume alcoholic beverages is 21.
Acceptable Forms of Identification are:
~ A valid driver's license or identification card issued by Minnesota,
another state, or a province of Canada, and including the photograph and
date of birth of the licensed person;
~ A valid military identification card issued by the United States
Department of Defense;
A valid passport issued by the United States;
t Or, in the case of a foreign national, a valid passport.
Hours and Days of Sale for 3.2 percent malt liquor
I Monday through Saturday: 8:00 a.m. until 1:00 a. m. the next day.
1: Sunday: 12:00 noon until 1:00 a.m. on Monday.
Some of the state laws on alcohol sales are summarized here; however, laws change and are interpreted by
the courts so if you have a question check the most recent statute, consult with yow attorney, and/or seek advice
from the Alcohol and Gambling Enforcement Division of the State of Minnesota Department of Public Safety.
The summaries were drawn from state statutes current through the end of the 2001 1 u Special Session of
the legislature or regulations current through ]0/292001.
Legal Nonce: The summaries are not official interpretations ofthe relevant statutes and should not be
deemed as legs! or other professional advice.
~~
~~~_,
.~
~nfor~r~~~tion
Retail licensees or permit holders may face legal consequences in three ways:
Regulatory or administrative responsibility [penalty is usually a fine or
license suspension or revocation.
Criminal responsibility [penalty is usually a fine or imprisonment or both]
'~ Civil responsibility [penalty is usually a fine or imprisonment or both]
It is a gross misdemeanor for any person to sell, barter, furnish, or give alcoholic
beverages to a person under 21 years of age.
[t is a felony for a person an a licensee or his employee acting within the
scope of his employment ,~ ~,:,~, barter, furnish or give alcoholic beverages to
anyone under the age of 21 if tt,at person becomes intoxicated and causes or
suffers death or great bodily harm as a result of the intoxication.
Minnesota is governed by dram shop liability laws that let a third person injured
by an intoxicated person sue the person w•ho caused the intoxication by illegally
selling alcoholic bevera~ person who caused the injury.
Games that involve drinking or the awarding of drinks as prizes are prohibited.
The Blood Alcohol Concentration (BAC) at which a person is considered legally
intoxicated w-hen operating a motor vehicle is 0.10 percent.
ome of the state laws on alcohol sales are summarized here; however, laws change and are interpreted by
is so if you have a question check the most recent statute, consult with your attorney, andior seek advice
• Alcohol and Gambling Enforcement Division of the State of Minnesota Department of Public Safety.
he summaries were drawn from state statutes current through the end of the 2001 151 Special Session of
lature or regulations current through 10/29x2001.
Legal Notice: The summaries are not official interpretations of the relevant statutes and should not be
as legal or other professional advice.
I6
TIPS FOR SAFEL Y DEALING WITH
INTOXICATED PERSONS:
Contact the shift leader, or security if
necessary, whenever there is a question about
a customer's intoxication level or if you need
help refusing service
Immediately refuse service when a customer
becomes obviously intoxicated
Be friendly, but firm
Calmly tell the customer that you cannot serve
him or her at this time
Suggest anon-alcoholic beverage or that
he/she eat something
Refer to warning signs posted in the area
concerning sales to intoxicated customers
-ldapted fr•n~~t: Alcohol Risk ~llcinagemerit Pro,~ra»~ - ('~tiversin• of ~tili~ine~otn
//
~~
IT'S THE LAW
1. No person may sell or
give alcoholic beverages
to an obviously
intoxicated person.
(Adapted from MN Statute Section 340A.502, sales to obviously intoxicated
persons)
2.No erson ma se or
p y
g ive a co o ~ c everages
to a erson u n er 21
p
ea rs o a e.
y g
(Adapted from MN Statute 340A.503 Subd.2. Purchasing.)
a
~' a~ ~
~~c~~c~i;~~va~~nes~
Training ~esaurc~s~,,
A wide variety of resources are available to train alcohol servers at temporary liquor licenses.
Attending alcohol awareness training is another component for educating servers of alcohol.
Alcohol awareness training should address:
IThe legal ramifications for selling alcohol to underage or intoxicated persons
1 The importance of alcohol policies and policy enforcement
1 How to identify an underage person (checking ID)
I Procedures to prevent underage drinking (valid forms of ID, how to spot a fake ID, etc.)
1 How to identify an intoxicated person
1 How to deny service/cut off an intoxicated person
1 Health and social problems associated with drinking
Alcohol awareness training should also include:
1 Behavior change techniques (repeating and practicing desired behaviors)
i Staff involvement (only watching a videotape will not keep participants' attention)
1 Skill building (increasing confidence in refusing service) -
1 Role-playing (learning specific techniques to refuse illegal alcohol sales)
For information on Alcohol Awareness Training in Minnesota contact:
Brian Kringen - MN Dept of Public Safety (no charge) ....................................................651-282-5218
Bob Pomplun -Loss Control Services .............................................................................. 763-545-5981
Miles Canning -BEST Presentations ................................................................................. 952-470-9025
Minnesota Licensed Beverage Association (MLBA) (www.mlba.com) ....................... 65 I -772-09 I 0
Alcohol Awareness Trainers page I of I 1 f
~
Expiration date (year) ' f -Minnesota holographic image ~'{~• Minnesota holographic image ~ ~~'r
- Expiration
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Birth-i -
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6-24-65 '" date
M-123-466-788-000
M-123 456-189-(?QO M-{Z3-IS5-781-000
N-iT3-~56-789.000 NIMN DRIVER
NINNE30tA ORIYER X23 NitIN STREET
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This ID is a credit card style, laminated with ghost image, holographic state name and loon. Not embossed. - ,
Expires in February 2004 = -
`Expiration date Ghost image
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" Ghost image ~ Expiration date
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The most current license has polyester laminate on the front with holographic state name
and snowflakes, ultraviolet loons, and a ghost image on front Current Issue
Expiration date `
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image ~ ~.~ ~ a - image
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a~
Wristband Suppliers for Community Festivals
1. MedTech Wristbands
7380 Sand Lake Road, 5`h Floor
Orlando, FL 32819
Toll Free 1-800-361-1259
www.medtechQroup.com
Guarantee the lowest price
2. National Ticket Compan~~
~'ational Ticket Company
P.O. Box X47
Shamokin, P~ 1787? t~SA
1.800.829.0829
www. nations (ticket. com
Plastic $50/500
Tyvek $32/1000
3. Tornado wristbands
6-685 ~irpoi-t Rd. Suite ?0
Mississauga, Ontario. Canada
L4V 1 Y9
1-888-884-5~?3
www.tornadowri stbands.com
Plastic ~56/~00
Tyvek $33/] 000
4. Creative Media Services
PO Box 218
Edgerton Kansas 66021-0218
1-877-893-4237
www.creative-bands.com
Plastic $.11 each
Tyvek $.07 each
~. Wristicket
1-888-465-5478
www.wristicket.com
a3
Plastic Cup Distributors for Community Festivals
1. 4Imprint
www.4imprint.com
12 oz. clear soft plastic cups 1,000 for $390.00 or $0.39 each
2. The Discount Printer
www.thediscountprinter.com
12 oz. clear soft plastic cups 1,000 for $270.00 or $0.27 each
3. Litin Party
w«~w.litinpartv.com
12 oz. clear soft plastic cups 1,000 for $121.50 or $0.13 each
4. Office World
ww«~.officeworld.com
12 oz. clear soft plastic cups 1,000 for $54.00 or $0.06 each
a~
Portable Toilets Companies for Community
Festivals
1. Biffs
952-403-1221
$90.00 (1 day to 4 weeks) includes delivery and pick up
$10.00 insurance (optional) and/or $10.00 waterless hand sanitizer
2. Elite Sanitation
763-241-2197
$72.00 (1 day to 4 weeks) includes delivery and pick up
also includes paper products and waterless hand sanitizer
3. Jimmys Johnnys
763-444-5912
$86.66 (1 day to 4 weeks) includes delivery, pick up, and tax
if you order more than 3 a discount will be given
4. Royal Flush
763-786-4500
$85.00 (1 day to 4 weeks) includes delivery and pick up
do not service all cities
as
SE)a~CU.ta
3430 Wescott Woodlands
Eagan. MN 55123
(651 i 456-91 I 0
Serving wo ~,e; ~ and chi~dren whc are homeless
March 25. 2003
Tom Hedges. City .Administrator
Cit} of Eagan
3830 Pilot Knob Road
Eagan. Minnesota SS122-1897
Dear Tom
~A~ 2 ~ 2p0
~'1'e are extremel} grateful for the incredible support that ~~ e recei~•ed in recent years from the Cit}~ of Eagan.
For the last couple of years. you have been able to pro~•ide passes for Cascade Bay for our residents. In 2001.
«e ~~ ere thrilled to receive 50 passes. During our visits to Cascade Bav, we provide staffing and on-site
super~~ision for several small groups of families. V6'e are s~Titing at this time to request your support once again
~~ ith free passes to Cascade Ba}~. As }•ou kno~~ our residents are homeless and therefore. all are lo.~ income and
residents of Eagan. Our residents ~~ ould also appreciate the opportunit} to attend the new Communit.~ Center
and "The Blast." I see that "The Blast" structure looks very fun. But. it v~~ould be too costly for our residents to
participate 1 am hopeful that the Cii\ would be able to pro~•ide us ~ ith 20-30 passes for both Cascade Bay and
The Blast. Though. since adults are included in the cost to The Blast, t~~enn• tickets ~~ould be extremely
generous...thank you.
.As you kno~~. Dakota Vl'oodlands is the onl}~ emergent} transitional housing facilit}~ for homeless ~~omen and
children in Dakota Counts. ~'~'e are located right in Eagan and ~~ e are the only homeless shelter in all of Dakota
Count}'. Our families can stay with us for a fe~~ nights or up to n~ o years. depending on their persona] situation
and needs. ~'~~e aren't ashelter-only facilih~. The residents «~ork very hard while they are here to change their
situations. The a~ erage length of stay is hvo and a half months. During this time. the staff provides education
and sen ices to address the many issues related to homelessness. T1te mission is to pro>•ide an encouraging
housing en,~irotrmenr for single i,•atnert and i, Darien frith children i-i n-ansition, x here then gaits the strength, selr
i, orth anti skills needed to Tn~e independentlt .
~','e thought it might be interesting to note that during the semi-annual Parade of Homes that just finished. ~~,e are
located right do~sTi the block from the majestic Home number 53J. This is the opposite of the 1~'ot in Mi Back
I'ard s}•ndrome. These beautiful homes of Ro}'al Oaks v~•ere built dov,m the block from a homeless shelter-a
shelter that has been in existence for 20 years and that received a statev~~ide award of Excellence in 2002. Our
sere ices and our reputation are well kno.~•n and celebrated by the members of our community.
From babies to teenagers and parents of all ages. v~•e shelter a very diverse group v, ith man}• needs. In 2002. ~s e
sheltered 1 ]2 families. nearly the same number as 2002 (110). The need for our sen~ices is constant. The
stones change from year to year, but the need is still strong. V~'e provide excellent services to help them meet
their mam needs. Most shelters are unable to take children over a certain age (usually not sheltering teens o~ er
15 }ears of age): v,~e shelter children of all ages including eighteen and even nineteen year olds. with their
moms.
Board of Directors Executive Director
President Vice President Secretary Treasurer Pa: Ca' z-z- }o^~^ Ecge-tc~ Candyce'vd~s~=- ~e•-e
F- , ___ ~z , s Kat~, ','v_~c.~a-~ ae;e- ~-_ B., ..a ~., .. _ Bes ^',c~a- B-a^_ a__ _ _
acs
Parenting is an important issue addressed here at Dakota Woodlands. We shelter many women v~•ho are
pregnant and parenting. The moms struggled with the issues related to homelessness. finding housing and
dealing v~•ith pre-natal needs. We helped these children ha~•e a good start in life. V~'e pro~•ide the basic needs.
including proper nutrition and immediate access to medical sen•ices. There is an excellent Early Childhood
Family Education (ECFE) parenting class specificall}~ for young moms. Vl-'e transport residents to this serves.
Through parenting and earl~• childhood education, w•e assist moms in impro~•ing their skills. We ha~•e an ECFE
teacher on site once a ~ eek, working a ith the children and meeting with the parents. This is extreme]}' ~~ ell
recei~~ed information. education and acti~•ities. «'e also pro~•ide a v~•eekl} parenting support group here to
address current issues that residents are coping with nght now at the shelter.
In addition. ~e prop ide dail}' childcare and regularly scheduled opportunities to teach little children basic skills.
Often. young children ha~•en't been a~~•a}' from their parents and usuall}• ha~•en't learned pre-school skills such as
sharing. listening to the "teacher". helping to clean-up, accomplishing tasks v~~ith other children. learning about
friendships and simply playing v~•ith others.
~'~'e address mam• famil~• issues and we see success e~~ervday. The time that families spend at Dakota Vi'oodlands
is important. ~~'e ~~ould be grateful for your support to make this summer an entertaining time at our facilit} for
our childre;,. The need for our sen•ices continues to grow. All families come here coping ~~~ith a great dra] oi~
stress. V~'e are grateful that these opportunities are near by to enjoy the summer a bit.
~~'e al" a~ s pro~~ide staff participation and supen~ision on the outings that ~~~e take with families. ~'~'e appreciate
the opportunit} to pro~~ide normal family acti~•ities for the families that stay at Dakota Woodlands. Please feel
free to contact me at (651) 456-9110 if you have am• questions. We look forward to hearing from you and thank
~ ou for al] that you do for families. Vl'e appreciate your time and consideration.
Smcerel~
Re~•ne Branchaud-Linsk
Executi~ e Director
a~
OTHER BUSINESS REGULATION AND LICENSING § 6.39
Subd. 4. Massage therapy establishment.
A. License required. It is unlawful for any person to operate a massage therapy
establishment without a license therefore from the city. It is unlawful for any person
to practice therapeutic massage therapy in any place except upon a licensed premises,
unless a temporary off-site permit is issued in accordance with the provisions of this
Section.
B. License application. All initial applications for licenses to operate massage therapy
establishments shall be accomplished by a nonreturnable investigation fee. This fee
shall also cover the investigation fee for one massage therapist. Applications shall
contain the names and addresses of the owners, lessees and operators of the applicant,
together with a description and location of the premises. The application shall also
include information as to any convictions of any crime or offense committed by
applicant, together with such other information as the city may require before
consideration of the application. All applications by corporations shall include the
names and addresses of all persons having a beneficial interest therein. An investiga-
tion by the building inspector shall be conducted of all premises proposed to be licensed
before consideration by the city. The police department shall conduct an investigation
of all persons proposed to be licensed before consideration by the city. All applications
shall thereafter be considered by the city.
C. Restrictions and regulations.
1. Licenses shall be granted only for operation on fixed premises which must be
located in a commercial or industrial district as established by the zoning chapter.
The total number of licenses issued shall be limited to six.
2. Licenses shall be granted only upon a showing of compliance with all laws of
sanitation.
3. No beer, liquor, narcotic drug or controlled substances, as such terms are defined
by state statutes or the City Code, shall be permitted on licensed premises.
4. Violation of any law or regulation relating to building, safety or health shall be
grounds for revocation of any license.
5. No doors of massage rooms, when occupied by one or more persons, shall be
locked. All locks, if any, shall be keyed only from the exterior of the massage
rooms.
6. Only massage therapists who are licensed by the city shall practice therapeutic
massage.
7. No massage therapy establishment shall discriminate between persons on the
basis of race, color, creed, sex or national origin or ancestry.
8. All massage therapy establishment licensees must comply with any and all
amendments to this chapter. Failure to do so shall be grounds for revocation of
any license.
Supp. No. 8 CD6:23
aS
§ 6.39 EAGAN CODE
D. Unlawful acts.
It is unlawful for any licensee to fail to at all times observe all restrictions,
regulations and maintenance requirements contained in this section.
2. It is unlawful for any licensee to be open for business between the hours of 10:00
p.m. and 6:00 a.m. of any day.
E. License condition and unlawful acts.
All premises licensed under this section shall, during all operating hours, be open
to inspection by any health or police officer 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.
2. It is unlawful for any licensee or agent or employee of a licensee to hinder or
prevent a police or health officer from making such inspection.
F. Exception. This section shall not apply to a health care facility (1) owned by a
municipal corporation organized under the laws of the state, or (2) owned by the state
or any of its agencies, or (3) licensed by the state.
G. Manager or agent. Before a license is issued under this section to an individual who is
a nonresident of the city, to more than one individual whether or not they are residents
of the city, or to a corporation, partnership, or association, the applicant or applicants
shall appoint in writing a natural person as its on-premises manager or agent. Such
on-premises manager or agent shall, by the terms of his 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. Such manager or agent
must be a person who, by reason of age, character, reputation, and other attributes,
could qualify individually as a licensee. If such manager or agent ceases to be located
at the licensed premises 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.
H. License fee. The annual license fee shall be determined by resolution of the city council.
This fee shall also cover the annual license fee for one massage therapist.
Subd. 5. Massage thernpist license.
A. License required. It is unlawful for any person to practice therapeutic massage therapy
without a license therefor from the city.
B. License application. All initial applications shall be accompanied by a nonreturnable
investigation fee. Applications shall be on a form provided by the city and contain all
information requested thereon and shall contain such other information as the city
may, from time to time, require. All applicants shall be at least 18 years of age.
Supp. No. 8 CD6:24
a~
OTHER BUSINESS REGULATION AND LICENSING § 6.40
C. Restrictions and regulations.
1. A massage therapist license shall not be issued unless the applicant provides
proof of the following:
(a) A diploma or certificate of graduation from a school approved by the
American Massage Therapist Association or other similar reputable mas-
sage association; or
(b) A diploma or certificate of graduation from a school, which is either
accredited by a recognized educational accrediting association or agency or
is licensed by the state or local government agency having jurisdiction over
the school; or
(c) A certificate of National Certification for Therapeutic Massage and Body
Work by the National Certification Board of Therapeutic Massage and Body
Work, an affiliate of the American Massage Therapy Association.
D. License fee. The annual license fee shall be determined by resolution of the city council.
Subd. 6. Temporary off-site permit.
A. Notwithstanding the provision regulating a massage therapy establishment license
hereunder, a massage therapist licensed by the City may provide massage therapy on
non-residential premises other than the licensed premises upon the issuance of a
temporary off-site permit by the City Council. An application for a temporary off-site
permit, which shall be on a form provided by the City, shall be completed with all
information requested thereon and submitted to the City.
B. A temporary off-site permit shall be subject to the following requirements:
1. The off-site massage therapy shall be conducted only at the premises under the
permit.
2. The permit shall be subject to all provisions of this Section governing licensed
massage therapy establishments and licensed massage therapists.
3. The permit may be issued only for short term (not to exceed seven consecutive
days) promotional or contract events. A copy of the contract must be provided at
the time of permit application. The permit runs concurrent with the massage
therapist license year.
(Code 1983, § 6.39, eff. 1-1-83; Ord. No. 79, 2nd series, eff. 4-14-89; Ord. No. 186, 2nd series,
eff. 10-13-94; Ord. No. 229, 2nd series, eff. 3-4-97; Ord. No. 261, §§ 1-4, 6-25-98; Ord. No. 316,
2nd series, §§ 1, 2, eff. 8-30-01)
Sec. 6.40. Reserved.
(Code 1983, § 6.40, eff. 1-1-83; Ord. No. 79, 2nd series, eff. 4-14-89; Ord. No. 186, 2nd series,
eff. 10-13-94)
Supp. No. 8 CD6:24.1
MINUTES OF A SPECIAL CITY COUNCIL MEETING
MARCH 25, 2003
4:30 P.M.
CITY HALL
COMMUNITY ROOM
A Special City Council meeting was held on Tuesday, March 25, 2003 at 4:30 p.m. at the Eagan
Municipal Center. The meeting included a joint meeting with the Advisory Pazks and Recreation
Commission (APrC). Those present at the meeting were: Mayor Geagan, Councilmembers
Carlson, Fields, Tilley, and Maguire, as well as City Administrator Hedges, Assistant to the City
Administrator Lord, Parks and Recreation Director Vraa, Program and Events Supervisor
Bolduc, Parks Superintendent Olson, Director of Administrative Services VanOverbeke, and
Communications Duector Garrison. APrC members present were: Dorothy Peterson, Margo
Danner, Phil Belfiori, Richazd Pletcher, Terry Davis, N. Mazk Filipi, Liz Perry, and Melvin
Williams.
ROLL CALL AND AGENDA
The Mayor called the meeting to order.
VISITORS TO BE HEARD
There were no visitors to be heazd.
PRESENTATION BY ANTHONY AND CHERYL CAPONI
City Administrator Hedges introduced Anthony and Chery] Caponi. owners of Caponi Art Park,
who gave a brief summary on the history of the Art Park with the City of Eagan. Mr. Caponi
shared with the City Council that he has been working with the McKnight Foundation,
Macalaster College, and the City of Eagan to discuss a proposal which would determine the
ownership of the Caponi Art Pazk. Mr. Caponi added that he is looking for a long term resolution
regarding the ownership of the Park. Mr. Caponi asked that the City address the ownership of the
park as soon as possible. The City Council discussed the proposal. Mr. Caponi added that should
the ownership of the Park change, a capital campaign would be needed. The Council discussed
Macalaster's role in the Park, and Pazks and Recreation Director Vraa noted Macalaster's
national reputation for creating teaching stations, which is what the Caponi Art Park could be
used as. The Council discussed ownership and governance of the Park, pariiculazly should there
be multiple owners. The Caponi's recognized the Council's concerns and asked that the attorneys
from all parties involved come to the table to discuss the proposal and the legalities of
implementing the proposed plan. The Caponi's also added that they currently are liable should
anything happen on their property, and for that reason they aze not planning on holding programs
at the Art Park this yeaz. The City Council discussed potential funding source should the City
purchase a portion of the Caponi parcel.
~~
Special City Council Meeting Minutes
March 25, 2003
Page 2
The Council discussed having the APrC review this matter and directed that a process be put in
place for the APrC to consider the following:
1.) Look at the Caponi Art Park Plan concept and better define the scope and framework of the
Caponi Art Pazk Plan
2.) Review the Caponi Art Pazk Plan and define a public purpose as it relates to the existing
parks systems plan.
3.) Review governance options and how the Caponi Art Pazk would function (programs, etc.).
4.) Identify funding sources with the understanding that the City's fund balance and
contingency aze presently earmarked for operational expenses due to the anticipated
reduction in mazket value credit and LGA funding from the state.
5.) Prepare a schedule and timeline to evaluate the Caponi Art Park Ownership Plan.
6.) What are the legalities if the City were to explore a partnership with Macalaster, McKnight
Foundation or other entities? Also, how would liability insurance and other concerns be
addressed with multiple partners?
7.) Consider the formation of a Board of Directors.
8.) Examine an operational plan and how the long-term operating costs would be funded.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to defer the item to the
April 1, 2003 City Council meeting and direct staff to prepare a dra$ framework to be brought to
the April 1 Council meeting (Administrative Update) to identify the proposed scope of what the
APrC is charged to research, including both short and long term needs of the Caponi's. Aye: 5 Nay:
0
At the April 1 meeting, the Council noted that they will provide direction to the APrC as to the
work they would like to see completed on the Caponi matter. Mrs. Caponi also noted that she would
provide the City with information as to the Caponi's immediate needs for the Art Park in 2003, as
well as suggestions as to persons that could serve on the Caponi Art Pazk Board.
JOINT ADVISORY PARKS AND RECREATION COMMISSION/CITY COUNCIL
DISCUSSION
City Administrator Hedges introduced the APrC members present, and noted the Council's goal
to establish ongoing relationships with the Advisory Commissions.
3a
:~ t.Jti
ME;\?O
city of eagan
TO: HONORABLE MA~'OR Al'~'D CITY COtTNCIL'~iEMBERS
FR0~1: CITY ADI~~'ISTRATOR HEDGES
DATE: MARCH 31, 2003
SLBJECT: ADMI?~1STRATI~'E AGE?~'DA /APRIL 1, 2003 CITY COUNCIL MEETING
CITE' ATTOR'~El'
The Cit~• Council reserves the right to call an Executive Session for the purpose of reviewing
pending or threatened litigation or matters of labor contract negotiations. There is an Executi~•e
Session proposed to consider Police Dispatcher labor negotiations.
CITY ADI7INISTR4TOR
1. Caponi Art Park -Direction was given at the March 25 Specia] Cit}~ Council Workshop to
prepare a draft frame«•ork for study issues to be conducted b}' the APrC regarding the Caponi Arc
Park. A copy of a memo, prepared b}' the Cit}• Administrator and a work directive refined b~~
Director ~'raa from the Cit}• Administrator's memo, was sent to the Cit}' Council as part of an
Additional Information memo on Frida}°. For acop}- of those tv~-o documents, refer to pages
through ~ .
At this time. there is no additional information to include regarding the proposed Caponi Art Park
~a~ork directi~•e.
ACTION TO BE CONSIDERED:
To pro~•ide direction to the APrC for their re~•iev,• and stud}' of the Caponi Art Park as directed b}~
the Cit<~ Council at the March 25 work session.
2. Recommendation b.• Eagan Airport Relations Commission -The ARC is requesting that the
Metropolitan Airports Commission video tape their monthly Commission meetings in order to allo.~•
Eagan and other local communities the opportunity to play back the MAC meetings via their local
cable access stations. Attached on page ~ is a copy of a letter recommended for the Mayor's
signature making a formal request to the MAC to video tape the monthly Commission meetings.
ACTION TO BE CONSIDERED:
To consider authorization of a letter per the request of the ARC to video tape the MAC monthl~•
Commission meetings.
33
~_ L.
~~
~ ~ :~
..~~ ~~~. .=ti
MEMO
.-._ city of eagan
TO: DIRECTOR ~'RA.A
FRO?~i: CITY AD:~iI~1STRATOR HEDGES
DATE: MARCH 26, 2003
SLBJECT: DIRECTZO:~ RE: CAPO'~1 ART PARK
At the Special City Council meeting held on Tuesday, March 25, direction was given to
the APrC to establish a process to eva]uate options for the City to consider ownership in
the Caponi An Park Development. There was also a directive by the City Council for the
APrC to consider options for the Caponis to continue their progranuiung efforts for the
2003 Caponi Art Park season.
The City Council directed staff to prepare a draft framework to be brought to the April 1
Council meeting (Administrative Update), which is to identif~• the proposed scope of what
the APrC is chazged to research, including both short and long term needs of the Caponis.
At the April 1 meeting, the Council w111 provide direction to the APrC as to the work the}•
would like to see completed on the Caponi matter.
1\i~~ notes pro~~ide eight (8) directives to be included in the scope of the APrC's research:
1.) Look at the Caponi Art Park Plan concept and better define the scope and
framework of the Caponi Art Pazk Plan.
2.) Re~~ew the Caponi Art Park Plan and define a public purpose as it relates to the
existing pazks systems plan.
3.) Review governance options and how the Caponi Art Park would function
(programs, etc.).
4.) Identify funding sources with the understanding that the City's fund balance and
contingency are presentl~• eannazked for operational expenses due to the
anticipated reduction in market value credit and LGA funding from the state.
5.) Prepare a schedule and timeline to evaluate the Caponi Art Park Ownership Plan.
6.) Wfiat are the legalities if the City were to explore a partnership with Macalester,
McKnight Foundation or other entities? Also, how would liabilit}• insurance and
other concerns be addressed with multiple partz•ters?
7.) Consider the formation of a Boazd of Directors.
3y
8.) Examine as operational plan and how the long-term operating costs would be
funded.
This completes the list that 1 read back to the City Council at the work session on March
25.
Options for short-term have to do with the actual Capoai Art Park programming for
spring, summer and fall of 2003. The Caponis represented, at the meeting on March 25,
that they are not certain whether the programaung will occur this summer given liability
exposure, uncertainty of ownership, commitment by the City, etc. The City Council asked
that the APrC review options for 2003 and suggest how the programming can continue.
Obviously, there are some legal questions that wou]d need to be addressed.
As always, APrC is greatl}' appreciated for thew willingness to stud}' an issue on behalf of
the Cit}• Council.
Caw--
Cin• Administrator
Cc: .Assistant to the Cite Administrator Lord
ms
3~`
The City Council asked that the Advisory Park Commission review and analyze the
partnership proposal presented by Mr. Caponi In order that Commission will bring back
information the Council will need to make a determination on how best to proceed, the
Commission should consider the following.
1. ARer an initial review, provide the Council with a work plan time line for
continuing the review of the Partnership Proposal. Probable time lines for
implementation of possible strategies should also be considered with any final
alternatives that will be provided.
2. Review the Partnership Proposal and where appropriate, better define the scope
and frame work for clarity and understanding.
3. Provide the Council v,•ith the Conunissions analysis of the public purpose for the
art park and how it would fit into the park needs.
4. With the assistance of the City Attorneys office, analyze the operational elements
of the organizational structure insuring compliance with state statues; recommend
alternatives to meet statues while minimizing exposure to the City of Eagan.
Specifically, given underlying city ownership of a potion of the art park propett}~,
how do you limit liability for the city due to injury or loss?
5. Examine the operational approach and how long term operations and maintenance
would be funded once the Art Park is under the jurisdiction of the Board
6. Review° the proposal for the Board make up and role and make recommendations
as to the role and responsibilities of any city appointed member to the Board.
7. Review the issue of governance of the art park and how the art park would
function as it relates to public programs. What role, if any, would the City pla`~ in
defining or assisting in programming other then the Board members role?
8. Identify all funding sources for acquisition of the 30 acres that have been
proposed for city acquisition. Define the readily available and probability of
securing those funds.
~~
Eagan City Council Meeting Minutes
April 1, 2003
Page 6
Councilmember Carlson moved. Councilmember Tiller seconded a motion to approve Additional
Consideration #1 for adding the west and north side of Central Parkway to accommodate pedestrians who may
Nish to use the services prodded b}' the Communii, Center. Aye: 5 Na}-: 0
Councilmember Tille~• moved. Councilmember Carlson seconded a motion to delay consideration of
adding the north and east side of the new Cedar Grove Parkway segment between Rahn Road and State High~va}
13 (Additional Consideration #2) and delay consideration of adding the north side of Silver Bell Road between
Cedar Grove Parkway and the entrance to Silver Bell Center (Additional Consideration #3). Aye: 5 Nay: 0
Councilmember Carlson moved Councilmember Fields seconded a motion to bring future Winter Trail
Maintenance Requests to a Council workshop rather than a regular Cih~ Council meeting. Aye: 5 Nav: 0
Director Colbert then informed the Cotmcil that this last motion would create a conflict with the current
policy and that the Council should consider revising the policy accordingh .
Councilmember Fields moved. Councilmember Carlson seconded a motion to amend the Winter Trail
Maintenance Policy to require any requests for changes be submitted in writing to the City by April 1" of each year
and then scheduled for Council consideration at the ne~-t available workshop with formal approval at a subsequent
regular Council meeting. Aye: 5 Nay: 0
ORDINANCE AMENDMENT TO EAGAN CTTY CODE CHAPTER 5 REGARDING
ON-SALE WINE AND BEER LICENSES
Cii, Administrator Hedges discussed this item regarding an ordinance amending Eagan Cit, Code
Chapter 5. regarding on-sale wine and beer licensing.
John Riding. General Manager of Noodles Restaurant. explained their service procedures for prodding
food and alcoholic beverages.
Councilmember Carlson moved_ Councilmember Tille} seconded a motion to adopt an ordinance
amending Eagan Cit<• Code Chapter 5. regarding on-sale wine and beer licensing: and by adopting by reference
Eagan Cit,- Code Chapter 1 and Section 5.99. Ace: 5 Nay: 0
COMMUNITY CENTER UPDATE
Cin Administrator Hedges discussed the 2003-200 Community Center Operating Plan.
Councilmember Fields moved. Councilmember Maguire seconded a motion to approve the 2003-20-t
Community Center Operating Plan. Aye: 5 Nay: 0
LEGISLATIVE/INTERGOVERMENTAL AFFAIRS UPDATE
Director Colbert informed the Cotmcil of his testimom• before the Senate Transportation Committee early
that afternoon regarding the Transportation Utilit•• Fee and the subsequent approval of that bill by the Committee.
ADMWISTRATIVE AGENDA
CAPONI ART PARK
Cit,- Administrator Hedges discussed framework for study issues to be conducted by the APrC regarding
the Caponi Art Park.
3~
Eagan City Council Meeting Minutes
April 1, 2003
Page 7
Councilmember Fields moved. Councilmember Tilled seconded a motion to approve the work directive to
the APrC for their review and study of the Caponi Art Park. Aye: 5 Nay: 0
RECOMMENDATION BY EAGAN AIRPORT RELATIONS COMMISSION
City Administrator Hedges discussed a request by the ARC that the Metropolitan Airports Commission
video tape their monthly Commission meetings in order to allow Eagan and other local communities the
opportunity to play back the MAC meetings via their local cable access stations.
Councilmember Fields moved, Councilmember Tille}~ seconded a motion to authorize a letter, per the
request of the ARC, to the Metropolitan Airports Commission to video tape monthly their Commission meetings.
Ave: 5 Nav:O
April.
Cit} Administrator Hedges discussed the nerd for additional Council work sessions for the month of
Councilmember Carlson moved. Councilmember Tilley seconded a motion to set April 22, 2003 as a
Council Retreat to begin at 5:00 p.m. and April 29, 2003 as a work session along with the Economic Development
Commission at 6:00 p.m. Aye: S Nay: 0
VISITORS TO BE HEARD
There Here no visitors who Hashed to be heard.
ADJOliRtiME!~T
Councilmember Fields moved, Councilmember Carlson seconded a motion to adjourn the meeting at
9:OU p.m. and went into Executive Session to discuss Police Dispatcher contract negotiations.
Date Deputy City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the Cin
of Eagan, 3830 Pilot Knob Road, Eagan, MN 55 ] 22, (651) 675-5000, (TDD phone: (651).454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
REVISED
AGENDA
SPECIAL CITY COUNCIL MEETING
TUESDAY
MAY 13, 2003
5:30 P.M.
COMMUNITY ROOM
EAGAN CITY HALL
~~,c,~..
I. ROLL CALL AND AGENDA ADOPTION
II. VISITORS TO BE HEARD
III. SHORELAND ZONING - HARNACK & KENNEALY CREEKS
IV. PRESENTATION BY CAPE GROUP
V. DAKOTA WOODLANDS
VI. PART III -FIVE (YEAR) C.I.P.
VII. DIRECTION RE: MASSAGE THERAPY ORDINANCE
VIII. CAPONI ART PARK 2003 SUMMER PROGRAMS
IX. PRESENTATION BY PAUL BAKKEN, BAKKEN PROPERTIES OF
MINNESOTA, LLC
X. REQUEST FROM THE CITY OF MINNEAPOLIS RE: A RESOLUTION
SUPPORTING THE COMPLETION OF THE 1996 SOUND INSULATION
PROGRAM
XI. REVIEW CURRENT POSITIONS WITHIN THE CITY
XII. OTHER BUSINESS
XIII. ADJOURNMENT
:. ~~
To:
FROM:
DATE:
SUBJECT:
MEMO
City of Eagan
HONORABLE MAYOR AND CITY COUNCIL
CITY ADMINISTRATOR HEDGES
MAY 12, 2003
MAY 13 WKSP-ADDITIONAL ITEMS
Following the mailing of the packets for the Council's workshop on May 13, the City
Administrator has received requests for two additional items to be placed on the May 13
agenda, as summarized below.
PRESENTATION BY PAUL BAKKEN, BAKKEN PROPERTIES OF MINNESOTA,
LLC
As you may recall from the May 2 Additional Information memo, Paul Bakken, representing
Bakken Properties of Minnesota, LLC, requested a meeting of the Council to discuss a
potential large scale development in the Cedar Grove Redevelopment Area. Per the request of
Councilmembers Carlson and Fields, the item has been added to the May 13 workshop
agenda.
Mr. Bakken communicated to the City Administrator that he plans to present a basic concept
plan for the Cedar Grove Area and show some examples of the type of product his company
hopes to develop. Furthernlore, it is Mr. Bakken's hope to get a preliminary indication of the
level of interest in his concept, and to encourage the City to perform a land aggregation and
preparation cost study for the area, and pending the outcome of the study, begin the process
for a master developer agreement. He feels the information gathered by such a study would
be beneficial to the City and its redevelopment plans, regardless with whom the City
eventually partners.
ACTION TO BE CONSIDERED
To provide direction to staff regarding the proposal being made by Bakken Properties of
Minnesota, LLC.
REQUEST FROM THE CITY OF MINNEAPOLIS RE: A RESOLUTION
SUPPORTING THE COMPLETION OF THE 1996 SOUND INSULATION
PRn(:RAM
At the May 13 Airport Relations Committee (ARC) meeting, the Commission will be
considering a recommendation to the City Council in res onse to correspondence from the
City of Minneapolis. Enclosed on pages 3 through ~is correspondence from the City of
Minneapolis, as well as a proposed resolution supporting the completion of the 1996 Sound
Insulation Program, which will be discussed by the ARC at their May 13 meeting.
The ARC will be meeting from 7-8:30 p.m. on Tuesday evening, at which time they will
provide a recommendation to the City Council regarding the proposed resolution. The MAC
will be considering the future of the noise mitigation program at their May 19 meeting, which
is why the resolution, along with the ARC's recommendation, will be presented to the City
Council on the evening of May 13. In short, since the City Council's next regularly scheduled
meeting would follow the MAC's decision on the noise mitigation program, City Council
direction regarding the resolution is needed at the May 13 workshop.
Assistant to the City Administrator Lord will be attending the ARC meeting, and upon its
completion, will return to the City Council workshop. At that time, Ms. Lord will be available
to provide the City Council with the ARC's recommendation regarding the resolution, and
answer any questions the Council may have.
ACTION TO BE CONSIDERED
To approve or deny a resolution in support of the completion of the 1996 Sound Insulation
Program
~'
1
~ `«~ ,~~
City Administrator
Minneapolis
Cify of Lakes
City Council
Scott Benson
Council Member, Eleven?h Ward
350 South 5th Street -Room 307
Minneapolis MN 55415-1363
Oitice 612 673.2211
Fax 612 673-3940
TTY 612 673-2157
:3pri129, 2003
Thomas Hedges
Cit<- administrator
3830 Pilot Knob Road
Eagan, SIN 55122
Dear Thomas:
MAY . 2 ?0
03
Enclosed is a resolution which the Minneapolis Cin~ Council
recentl~~ passed. _~s a fello«~ member of the yet to be convened
I~?oise Oversight Committee, I hope ~~ou will consider passing a
similar resolution in `our cit<-. The future of the Sound Insulation
Program «-i11 be debated at the l~Ia~- 19`'' Metropolitan l~irports
Commission meeting.
Since rely, ; ~-
i
\ ~~
,~~
Scott Benson
Council Member
~~'ard 11
www.ci.m~nneapal~s.mn.us
Affirmative Action Ernp!~;er
~`
I
a
RESOLUTION OF THE
CITY OF MINNEAPOLIS
Resolution supporting the completion of the
1996 Sound Insulation Program
By Benson, Colvin Roy
Whereas, in 1996, the Alinnesota Legislature made the final decision to continue the
de~-elopment of 1\linneapolis/St. Paul International Airport (1\1SP) in its current
location and directed the 1~letropolitan Airports Commission (1~fAC) to implement
the 1~1SP 2010 Long Term Comprehensi~•e Plan; and,
Whereas, with dus decision, the Legislature also directed i~L-~C to de~-elop a noise
mitigation plan ~;•hich includes aggressi~-e steps to mitigate aircraft noise and aid
communin• stabilization for the affected communities; and,
Whereas, on October 28, 1996 ~1.~C appro~-ed the 1~1SP Noise Mitigation
Committee recommendation including completion of the residential sound
insulation program for the area encompassed b.• the 1996 DNL 65 contour on the
currentlc appro.-ed schedule; and,
~Y/hereas, the schedule contained «•ithin the Noise Mitigation Program was based on
completion of the 1996 program b~• 2000 and the current program including single
and multi-family- residences should ha~-e alread~• been completed; and,
Whereas, the :~L~C incorporated the ?Noise 1~litigation Program into the Final
I~n~•ironmental Impact Statement on die Dual Track Airport Planning Process as a
specific mitigation measure addressing airport noise and FAA incorporated the
program as a condition of appro~•al in their Record of Decision approving the
current airport expansion; and,
Whereas, recognizing the fallibilit<• of a projected noise contour and that noise ma~•
be significantlt- anno}•ing to the population be}-ond G5 DNL, IvL-1C adopted the
block intersect method in 1995 and F.~A concurred; and
Whereas, no new noise exposure map or noise compatibilitt• program has been
developed and no public participation has occurred in de~-elopment of a new
• program nor can it be reasonabl~• guaranteed that FA_~ will approre a near noise
exposure map in 2003; and
Whereas, the current sound insulation program is entirel~• user funded through
passenger faciliri• fees and airport impro~-ement program funds neither of which are
costs borne b~- North~rest Airlines and the 1~L~C's bond rating remains higher than
".-~"; and,
y
Whereas, i\linneapolis Cin• Goals include the reduction of negative en~-ironmental
unpacts of the Airport.
Now, Therefore, Be it Resolved, br the CitZ~ Council of the Ciri' of 1~linneapolis
that the follo«-ing comments are hereby- adopted:
The Cin• of Minneapolis relied upon the commitments made b~• the h~1C through
the en~-ironmental process when the Cin- endorsed the construction of Runwa}'
17/35, and views further deferment of the current sound insulation program as an
abrogation of 1tL~C's commiunents to affected communities and residents.
The Citt• of 1`linneapolis urges the 1\L~C to complete all eligible homes and multi-
famil~- residences in the 1996 program without further delay under the same policies
that ha~-e been in place throughout the program.
The Cin- of Minneapolis further stipulates that a last and final offer to enter the
current program should be made to deferred residents no later than August 1, 2003.
The Ciri' Clerk of the Cin• of Minneapolis is directed to submit this resolution to the
\letropolitan _~irports Comnussion before its meeting on Ma~• 19, 2003.
S