07/20/2010 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
JULY 20, 2010
6:30 P.M.
ROLL CALL AND PLEDGE OF ALLEGIANCE
-P. I II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to
be pulled for discussion)
P. A. APPROVE MINUTES
IQ i B. PERSONNEL ITEMS
P9 C. APPROVE Check Registers
P16 D. ADOPT Proclamation Recognizing August 3, 2010, as "National Night Out" in Eagan
P1 1 E. APPROVE Contract 09 -13, Duckwood Dr. (Streets & Utilities).
if/4 F. APPROVE Final Plat for Central Irrigation Supply Addition
�)7 G. APPROVE Resolution in Support of DEED Redevelopment Grant for Infrastructure Improvements at
Cedar Grove Redevelopment District
P11 H. DIRECT Staff to initiate an Ordinance Amendment to Chapter 11 of the City Code, specifically as it
relates to outdoor storage of vehicles on commercial properties
10 1D I. APPROVE Change Order No. 1 for Contract 10 -05 (Farnum Drive & Four Oaks Road - Street Light
Improvements)
�a) J. Approve Stipulation Agreement for Amended Easement Acquisition, Contract 09 -04 (Fish Lake Alum
treatment basin)
V. PUBLIC HEARINGS
VI. OLD BUSINESS
f.7, 9 A. CONSIDERATION of Regional Roadway System Vision Study Recommendations
VII. NEW BUSINESS
P48 A. ORDINANCE AMENDMENT — Chapter Six, Section 6.54 of the City Code regarding Body Art
Establishments
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items at this time)
X. ADMINISTRATIVE AGENDA
A. City Attorney
B. City Council Comments
C. City Administrator
D. Director of Public Works
E. Director of Community Development
XI. VISITORS TO BE HEARD (for those persons not on the agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
City of Evan In
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JULY 16, 2010
SUBJECT: AGENDA INFORMATION FOR JULY 20, 2010 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the July 20, 2010 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
July 20, 2010 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed
from the Consent Agenda and placed under Old or New Business unless the discussion required is
brief.
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the July 6, 2010 Regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes o the July 6, 2010 Regular City Council meeting are enclosed on pages
through .
U
MINUTES OF A REGULAR MEETING OF THE !'
EAGAN CITY COUNCIL
Eagan, Minnesota
July 6, 2010
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire, Councilmembers Bakken, Fields and Hansen. Councilmember Tilley was absent. Mike Wold,
Jean McFarlan and Bill Keats, representing MICA were present to discuss the "Heading Home Dakota
County Initiative ". Rachael Lewine provided the Council with information regarding making Eagan more
bike friendly.
A regular meeting of the Eagan City Council was held on Tuesday, July 6, 2010 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields and Hansen.
Councilmember Tilley was absent. Also present were City Administrator Tom Hedges, Community
Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert,
Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney
Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles.
AGENDA
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as
amended. Aye: 4 Nay: 0
RECOGNITIONS AND PRESENTATIONS
Terry Davis, Chair, and the Eagan Art House Board of Directors was recognized for the success of the
Eagan Art Festival held on June 24'h and 25tH
Raleigh Seelig, Chair, and the July 4th Funfest Committee were recognized for the success of the 4th of
July Funfest and parade.
CONSENT AGENDA
Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as presented. Aye: 4 Nay: 0
A. It was recommended to approve the minutes of the June 15, 2010 regular City Council meeting and
the June 8, 2010 Special City Council meeting as presented.
B. Personnel Items.
1. Approved hiring of Seasonal Employees in Parks & Recreation, Forestry and Streets
Divisions
2. Approved hiring of William Cytryszewski and Chad Clausen as Eagan Police Officers
effective July 19, 2010
3. Accepted the resignation of Officer James Thielen and authorize his replacement
4. Authorized hiring of Joseph Moseng as an Eagan Police Officer
5. Accepted the resignation of Connie Edwards, effective July 23, 2010, Community
Development Clerical Technician III, and authorize her replacement.
6. Approved a change of the Assistant to the City Administrator position from .8FTE to 1.0
FTE and approve a $3,200 budget adjustment to be funded by the General Fund
contingency.
7. Authorized continued participation with the Alliance of Cities through CBIZ Benefits and
Insurance Services, Inc. for the purpose of going out for bid to solicit pricing for dental
plans for the plan year beginning January 2, 2011. Authorized staff to pursue quotes for
a fully insured plan as well as a self funded plan.
C. It was recommended to ratify check registers dated June 10, 2010 and June 17, 2010 as presented.
3
City Council Minutes
July 6, 2010
Page 2
CRAFT
D. It was recommended to authorize the City Attorney's Office to prepare an ordinance Amendment —
Chapter 6, Other Business Regulation and Licensing, Section 6.35 Gambling.
E. It was recommended to authorize the City Attorney's Office to prepare an Ordinance Amendment —
Chapter 6, Other Business Regulation and Licensing, Section 6.54 Body Art Establishments.
F. It was recommended to approve change orders for Fire Safety Center Project 0902.
G. It was recommended to approve a resolution accepting a donation from Flint Hills Refinery for $2,150
for the purchase of water rescue equipment, and approve a budget adjustment increasing revenues
and expenditures in the General Fund by $2,150 for the donation and its related expenditure.
H. It was recommended to approve a Massage Therapy Establishment License for Christine Suihkonen
(Body of Work) to be located at 1570 Century Point.
I. It was recommended to approve the list of election judges for the August 10, 2010 Primary Election.
J. It was recommended to approve a resolution authorizing the city Clerk to appoint deputy city clerks
for the purpose of election administration.
K. It was recommended to approve a 120 -day extension of the Final Plat approval for Apollo Road
Addition consisting of a single lot on approximately 1.4 acres on properties located at 951 Apollo
Road in the NW % of Section 11.
L. It was recommended to approve a one -year extension of the Preliminary Subdivision approval for
Heritage of Highview, consisting of four single - family lots on approximately 1.7 acres on properties
located at 1416 and 1420 Highview in the SE % of Section 04.
M. It was recommended to adopt a Resolution approving and authorizing submittal of a Transit
Improvement Area Designation application and area plan for the Cedar Grove Redevelopment Area
and Transit Station.
N. It was recommended to approve the final payment for Contract 08 -06 (Northwood Parkway — 35 E
Overpass) in the amount of $10,000.00 to Lunda Construction Company, and accept the
improvements for perpetual City maintenance subject to warranty provisions.
O. It was recommended to approve Change Order No. 1 to Contract 10 -02 (Citywide Street
Improvements) and authorize the Mayor and City Clerk to execute all related documents.
P. It was recommended to receive the bids for Contract 10 -15 (City Owned and Maintained Traffic
Signals — Painting / Reconditioning) and award the contract to Aerial Painting, Inc. for the Base Bid in
the amount of $12,030.00, and authorize the Mayor and City Clerk to execute all related documents.
Q. It was recommended to receive the Draft Feasibility Report for Project 1033, (Cliff Road — Trunk
Water Main Improvements) and schedule a public hearing to be held on August 2, 2010.
R. It was recommended to approve Change Orders No. 1 and 2 to Contract 09 -20 (Fire Safety Center /
Station Trail — Site Grading and Utilities) and authorize the Mayor and City Clerk to execute all related
documents.
S. It was recommended to approve a Joint Powers Agreement with Gun Club Lake Watershed
Management Organization to Implement Runoff - Reduction Project for Schwanz Lake.
T. It was recommended to approve Police Officer and Firefighter Sculpture Commission Agreement with
Brodin Studios.
U. It was recommended to approve a grant application to the Minnesota GreenCorp program, requesting
placement of a fulltime GreenCorp member in the cities of Eagan and Burnsville from September
2010 - August 2011.
V. It was recommended to approve Telecommunication Lease Agreements with Clear Wireless LLC for
new antenna installations on the Yankee Doodle water reservoirs and authorize the Mayor and City
Clerk to execute all related documents.
NEW BUSINESS
PLANNED DEVELOPMENT AMENDMENT — ANYTIME FITNESS
City Administrator Hedges introduced this item regarding a Planned Development Amendment to
permit hours of operation between 5:00 a.m. and 12:00 a.m. for a fitness center in a multi- tenant
building located at 1012 Diffley Road. City Planner Ridley gave a staff report.
City Council Minutes �cl
July 6, 2010
Page 3
John Trautz, Reliance Development, and Joe Longueville, owner of Anytime Fitness, were present to
answer questions of the Council.
Dave Fabry and Karyn Entzion, area property owners, stated that after meeting with the owner of
Anytime Fitness and discussing their concerns, they are supportive of the modified hours of
operation.
Mayor Maguire and Councilmembers discussed the proposed hours of operation and agreed they
were comfortable that a precedent would not be set in regard to other businesses in the development.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned
Development Amendment to permit hours of operation between 5:00 a.m. and 12:00 a.m. (midnight)
for a fitness center in a multi- tenant building located at 1012 Diffley Road, legally described as Lot 3,
Block 1, Diffley Marketplace 2nd Addition subject to the following conditions. Aye: 4 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded against
the property at the Dakota County Recorder's office.
2. The facility should have a phone for emergency calls that is easily accessible to patrons and
located in the workout area.
3. Screening shall be added at the space between two retail buildings to reduce headlights on
neighboring homes, as acceptable to staff.
CONDITIONAL USE PERMIT — PRIMROSE SCHOOL
(LOT 3, BLOCK 1, DIFFLEY PLAZA)
City Administrator Hedges introduced this item regarding a Conditional Use Permit to permit a child
daycare facility upon property located at 4249 Johnny Cake Ridge Road. City Planner Ridley gave a
staff report.
Darren Storkamp, applicant, was present to answer questions of the Council.
Councilmembers discussed traffic flow issues.
Mark Thompson, adjacent property owner, expressed his support for the proposed school.
Colleen Wagner, area property owner, expressed her support and asked for additional information
regarding the proposed landscape plan.
Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a
Conditional Use Permit to permit a child daycare facility upon property located at 4249 Johnny Cake
Ridge Road, legally described as Lot 3, Block 1, Diffley Plaza, subject to the following conditions:
Aye:4 Nay: 0
1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60
days of approval, and proof of recording shall be submitted to the City.
2. The property shall be platted.
3. The daycare shall be operated in compliance with all other County and State regulations. The
daycare shall obtain and maintain all required permits and licenses required by the County or
State.
4. To facilitate evacuation in the event of an emergency, additional gates shall be installed at the
outer edges of the fenced outdoor play areas, with locations subject to approval of the City Fire
Marshal.
6-
City Council Minutes
July 6, 2010
Page 4
5. Prior to release of the CUP for recording, the Landscape Plan shall be revised to the satisfaction
of staff to incorporate additional plant materials along the southern boundary as provided for in
the 2003 Conceptual Berm Landscaping Plan.
6. There should be no more than two school vans /buses kept or stored on the property.
7. The minimum architectural standard of 65% Class 1 materials shall be satisfied on each of the
four building elevations. The elevations plan shall be modified accordingly if necessary, and
calculations provided by the architect to verify compliance with this standard, prior to release of
the CUP for recording.
8. All site and building signage shall be subject to City Code standards.
9. The photometric plan shall be revised for the building permit application to include all parking lot
lighting, and show compliance with City Code standards, and the standards identified in the
planning report.
10. The applicant shall complete a sidewalk connection between Johnny Cake Ridge Road and the
adjacent lot to the west (Lot 4, Block 1, Diffley Plaza). This sidewalk shall be covered by a private
easement between this development and the property owners of Lot 4, in a form acceptable to
the City Attorney.
11. "No parking fire land" signs shall be installed along the length of the shared private drive that
serves the Diffley Plaza development.
12. The applicant shall provide on -going maintenance of the prairie plantings to control noxious
weeds and invasive species.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items for discussion.
ADMINISTRATIVE AGENDA
City Attorney Dougherty and Councilmembers discussed a recent variance lawsuit ruling that would effect
all Minnesota cities. Direction was given to staff to prepare correspondence to lobbying organizations.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at
8:15 p.m. Aye: 4 Nay: 0
Date
Administrative Secretary / Deputy Clerk
Agenda Information Memo
July 20, 2010 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1.
ACTION TO BE CONSIDERED:
Approve job title change and job classification level change from Transportation Engineer,
(Level 13) to Transportation Operations Engineer (Level 14).
BACKGROUND:
With the recent resignation of the Superintendent of Streets, Eqpt & Central Services and
recognizing the need for long term and sustainable budget reductions, it was determined that the
related job functions, duties and responsibilities of that position would be reallocated to existing
management staff; namely the Superintendent of Parks and the Transportation Engineer.
FACTS:
The City's overall personnel budget will be reduced by 1 FTE with the restructuring of the
previous Superintendent of Streets, Eqpt & Central Services position and the elimination of the
Transportation Engineer position.
The reallocation of Equipment Maintenance and Central Services responsibilities to the
Superintendent of Parks will have no impact to the personnel budget.
The new position title of Transportation Operations Engineer warrants a job classification level
change to this management position to reflect the higher level of experience needed to account
for the technical abilities that will be required and the wider scope of problem solving, budget
management and decision making required in order to perform the essential functions of the
combined job responsibilities.
Item 2.
ACTION TO BE CONSIDERED:
Approve submittal of Early Retiree Reinsurance Program Application.
BACKGROUND:
As part of the Affordable Care and Patient Protection Act of 2010, an Early Retiree Reinsurance
Program has been established through the federal government's Department of Health and
7
Human Services. This temporary program provides reimbursement of certain expenses to plan
sponsors of group health plans that provide retiree coverage to early retirees defined by the
Program as those participants ages 55 -64. The City of Eagan is considered a plan sponsor.
The purpose of offering the Early Retiree Reinsurance Program is to provide financial assistance
for employers so retirees may receive quality, affordable insurance. The program is designed to
help employers continue to provide health insurance to early retirees and therefore help those
who are not yet eligible for Medicare to maintain their employer based coverage.
FACTS:
• The program is funded at 5 billion dollars. There are no provisions for additional funding.
• Claims must reach a threshold of $15,000, not to exceed $90,000, per individual, in order
to be considered for 80% reimbursement.
• Claims incurred prior to May 31, 2010 will not be reimbursed.
• Should the City of Eagan receive reimbursement, the subsidy would be allocated in
accordance with the parameters dictated by DHHS.
ON
Agenda Information Memo
July 20, 2010 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated July 1, 2010 and July 8, 2010 as presented.
ATTACHMENTS:
• Check registers dated July 1, 2010 and July 8, 2010 are enclosed without page number.
Consent Agenda Information Memo
August 2, 2010 Eagan City Council Meeting
Recognition of August 3, 2010, as National Night Out in Eagan
ACTION TO BE CONSIDERED:
D. Adopt proclamation recognizing August 3, 2010, as "National Night Out" in Eagan.
FACTS:
• Tuesday, August 3, 2010, is the 27`" annual National Night Out celebration.
• National Night Out is sponsored by National Association of Town Watch (NATW).
• In order to utilize the National Night Out slogan, Eagan must be a member of NATW.
• It costs the City $25.00 for membership. The city purchases nothing else from NATW.
• Membership in NATW entitles police staff to free training and publications related to
crime prevention.
• The City of Eagan has participated in National Night Out since 1998.
• Participation has grown every year in Eagan. To date, 170 neighborhoods have indicated
they will participate in the celebration.
• Eagan residents are asked to join millions of their fellow citizens across the United States
in this celebration of Community, Crime Prevention and strong police /community
partnerships.
• Strong neighborhoods are essential to public safety and homeland security.
• From 5:30 to 9:30 p.m., residents are encouraged to lock their doors, turn on outside
lights and spend the evening outside with their neighbors.
• Police, Fire, and National Guard units will visit approximately 150 neighborhood
gatherings.
• Registration can be done by mail, fax or on -line at ww-w.cityofeagan.com .
• For questions or more information, please contact the Eagan Police Department Crime
Prevention Unit at 651- 675 -5727.
ATTACHMENTS:
National Night Out proclamation on page /I
l0
CITY OF EAGAN
PROCLAMATION
NATIONAL NIGHT OUT
August 3, 2010
WHEREAS, the National Association of Town Watch (NATW) is sponsoring a
unique, nationwide, crime, drug and violence prevention program on August 3, 2010 called
"National Night Out "; and
WHEREAS, the "27th Annual National Night Out" provides a unique opportunity
for Eagan to join forces with thousands of other communities across the country in promoting
cooperative, police - community crime prevention efforts; and
WHEREAS, the Eagan Police Department plays a vital role in crime, drug and
violence prevention efforts and is supporting "National Night Out 2010" locally; and
WHEREAS, it is essential that all citizens of Eagan be aware of the importance of
crime prevention programs and the impact that their participation can have on reducing crime,
drugs and violence in Eagan; and
WHEREAS, police- community partnerships, neighborhood safety, awareness and
cooperation are important themes of the "National Night Out" program;
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does
hereby call upon all citizens of Eagan to join with the City of Eagan and the National
Association of Town Watch in supporting "27th Annual National Night Out" on August 3rd,
2010.
BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim
Tuesday, August 3, 2010 as "National Night Out" in the City of Eagan.
Deputy Clerk
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
CERTIFICATION
I, Maria Peterson, Deputy Clerk of the City of Eagan, Dakota County, Minnesota,
do hereby certify that the foregoing resolution was duly passed and adopted by the City Council
of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this
.2010.
Maria Peterson, Deputy Clerk
ll
Agenda Information Memo
July 20, 2010 Eagan City Council Meeting
E. CONTRACT 09 -13, DUCKWOOD DRIVE EXTENSION
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Award Contract 09 -13 (Duckwood Drive Extension — Street &
Utility Improvements) to Ryan Contracting Co., for the base bid in the amount of $575,096.00 and
authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• Contract 09 -13 provides for the street and utility improvements for the Duckwood Drive
extension through the former Carriage Hills golf course property to Wescott Woodlands.
• On March 2, 2010, the City Council authorized the street and utility improvements for Duckwood
Drive (City Project 1012).
• On May 4, 2010, the Council approved the plans and authorized the advertisement for solicitation
of competitive bids for Contract 09 -13.
• On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by
State statutes, providing for the consideration of bidders expected performance in relation to their
submitted bid. At 10:30 a.m. on July 15, formal bids and technical performance proposals from
each bidder were received for this project.
• All bids have been reviewed for compliance with the bid specifications and accuracy on unit price
extensions and summations. The base bid from Ryan Contracting Co., has been reviewed by the
Engineering Division and determined to provide the best value and is in order for favorable
Council action.
ATTACHMENTS:
• Bid Summary, page.
/a
BID SUMMARY - CITY CONTRACT 09 -13
DUCKWOOD DRIVE EXTENSION STREET & UTILITY
IMPROVEMENTS
PROJECT NO. 1012
Bid Date/ Time: 10:30 a.m., Thursday, July 15, 2010
*Best -value contracting: Adjusted Score = Total Base Bid/ Technical Score
1012 $575,096 $856,100 -32.8% $732,000 21.4%
G:Projects. &Contracts /09 -13 /Bid Summary Results
l5
Contractor
Total Base Bid
Technical Score
Ad'usted Score*
1
Ryan Contracting Co.
$ 575,096.00
8.20
70133.66
2
Miller Excavating Inc.
$ 604,158.70
8.37
72181.45
3
Northdale Const Co. Inc.
$ 616,383.18
8.32
74084.52
4
Friedges Contracting LLC
$ 599,913.93
8.09
74155.00
5
BCM Grading Excavating
$ 612,755.85
8.01
76498.86
6
Lametti & Sons Inc
$ 673,736.80
8.78
76735.40
7
McNamara Contracting Inc.
$ 683,925.74
8.55
79991.31
8
Geislinger & Sons Inc.
$ 656,810.35
8.08
81288.41
9
Heselton Construction LLC
$ 680,897.60
8.30
82035.86
10
Burschville Construction, Inc.
$ 678,509.92
7.80
86988.45
11
Max Steininger Inc.
$ 657,172.31
7.14
92040.94
*Best -value contracting: Adjusted Score = Total Base Bid/ Technical Score
1012 $575,096 $856,100 -32.8% $732,000 21.4%
G:Projects. &Contracts /09 -13 /Bid Summary Results
l5
Agenda Information Memo
July 20, 2010, Eagan City Council Meeting
F. FINAL PLAT — CENTRAL IRRIGATION
ACTION TO BE CONSIDERED:
To approve a final plat (Central Irrigation Supply Addition) combining two parcels into one lot
for property located at 2797 Eagandale Boulevard.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present.
FACTS:
➢ In 2007, the City approved a Conditional Use Pen-nit for Central Irrigation permitting
outdoor storage of trucks and PVC pipes on this property.
y At that time it was identified that the two -acre site consisted of two parcels, and the
existing building was constructed across the internal lot line.
➢ A condition of CUP approval was to replat the property as a single parcel to correct
the non - conformity.
➢ A recent inspection of the site showed compliance with other conditions of the CUP.
ATTACHMENTS (2):
Location Map, page % S
Final Plat, page
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Agenda Information Memo
July 20, 2010 Eagan City Council Meeting
G. RESOLUTION AUTHORIZING DEED REDEVELOPMENT GRANT
APPLICATION FOR CEDAR GROVE INFRASTRUCTURE
IMPROVEMENTS
ACTION TO BE CONSIDERED: To Adopt a Resolution authorizing a Department of
Employment and Economic Development (DEED) Redevelopment Grant Application for
infrastructure improvements in Cedar Grove Redevelopment District.
FACTS:
➢ The Redevelopment Grant Program was established by The Minnesota Department of
Employment and Economic Development (DEED) in 1998 to help communities with the
costs of redeveloping blighted industrial, residential, or commercial sites and putting
land back into productive use.
➢ DEED is making $3 million available this year as part of the August 2010 grant round.
However, at least half the money will be awarded to outstate applicants.
If awarded, grants pay up to half of redevelopment costs for a qualifying site, with a 50-
percent local match.
Eligible uses of grant funds include land acquisition, demolition, infrastructure
improvements, soil stabilization, ponding or other environmental infrastructure and
adaptive reuse of buildings.
➢ The intent of the Eagan application is to request assistance with infrastructure
improvements within the Cedar Grove Redevelopment Area, specifically the upgrade
and realignment of Cedarvale Boulevard (to be renamed Cedar Grove Boulevard) to
correspond with conceptual layout of the core development area.
The upgrade of Cedar Grove Boulevard is among the projects proposed to be
constructed in the 2011 Capital Improvement Plan, pending funding availability. The
overall project cost is estimated to be $1 million. City Fund estimates are approximately
$500,000, therefore the city may request grant funding up to $500,000.
DEED requires a specific resolution be adopted by the applicant city authorizing the
application and execution of agreements to implement grant funding.
➢ City Staff is currently drafting the application for its August 2 deadline. Details of the
application are available upon request.
ATTACHMENTS:
• Resolution, page I
RESOULTION
DEED REDEVELOPMENT GRANT APPLICATION
EAGAN CITY COUNCIL
BE IT RESOLVED that the City of Eagan act as the legal sponsor for project(s) contained in the
Redevelopment Grant Program to be submitted on August 2, 2010 and that the Mayor is hereby
authorized to apply to the Department of Employment and Economic Development for funding
of this project on behalf of the City of Eagan.
BE IT FURTHER RESOLVED that the City of Eagan has the legal authority to apply for
financial assistance, and the institutional, managerial, and financial capability to ensure adequate
project administration.
BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the
application are committed to the project identified.
BE IT FURTHER RESOLVED that the City of Eagan has not violated any Federal, State or
local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other
unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state,
the City of Eagan may enter into an agreement with the State of Minnesota for the above
referenced project(s), and that the City of Eagan certifies that it will comply with all applicable
laws and regulation as stated in all contract agreements.
NOW, THEREFORE BE IT FINALLY RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute such agreements as are necessary to implement the project on
behalf of the applicant.
I CERTIFY THAT the above resolution was adopted by the City Council of the City of Eagan on
July 20, 2010.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its City Clerk
CERTIFICATION
I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify
that the foregoing resolution was duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 201h day of July,
2010.
Maria Petersen, City Clerk
le
Agenda Information Memo
July 20, 2010 Eagan City Council Meeting
H. DIRECT ORDINANCE AMENDMENT — CITY OF EAGAN
ACTION TO BE CONSIDERED:
Direct staff to prepare an ordinance amendment to City Code Chapter 11 relative to the
outdoor storage of vehicles in commercial and industrial districts.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
The Eagan City Code permits the outdoor storage of business related vehicles in
most commercial zoning districts through a Conditional Use Permit (CUP) in order
to regulate situations in which such storage makes up a substantial part of the use of
a property.
At the other end of the spectrum, there are a number of businesses in town that have
a service vehicle or two stored on premise; typically, these include a hotel /day care
shuttle, restaurant /grocery delivery van, etc.
The City Code presently classifies anything stored outdoors, overnight, as outdoor
storage and subject to a CUP.
y Staff surveyed a number of metro cities regarding this type of accessory use. In
most cases, a limited number (1 -3) of this type of storage is permitted. Staff believes
this type of support vehicle is "part of doing business" and permitting a limited
number of such vehicles is reasonable and will not have an adverse impact on the
community in general.
ATTACHMENTS: None
l9
Agenda Information Memo
July 17, 2010 Eagan City Council Meeting
I. CONTRACT 10 -05, FARNUM DRIVE STREETLIGHTS
ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 10 -05
(Farnum Drive - Street Light Improvements) and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• The City Council authorized approximately $30,000 of streetlight improvements with
the approval of the 2010 -2014 Capital Improvement Program (CIP) and 2010
operating budget.
• Contract 10 -05 provides for the replacement of street lights in the following locations:
o Farnum Drive & Four Oaks Road (7 street light replacements)
o Coachman Road & Century Point (1 street light replacement)
• On May 18, 2010, the City Council awarded the contract to Xcel Energy for Contract
10 -05 for these improvements.
The original estimate of costs to replace the eight (8) existing lights provided by Xcel
Energy was $28,000. The actual total cost for the installations is $21,902.00.
• Change Order #1 provides for the installation of a new 250 watt street light at the
intersection of Silver Bell Road and Kennebec Drive as needed to enhance visibility
and public safety at this location.
The change order provides for a total ADD of $3,740.00 (13.36% of original
contract), which will still allow the total contract cost ($25,642) to be below the
budgeted amount. The cost of the additional work will be the responsibility of the
City's Department 63, Streetlight Budget.
• The change order has been reviewed by Public Works Department staff and found to
be in order for favorable Council action.
K,
Agenda Information Memo
June 20, 2010 Eagan City Council Meeting
CONSENT AGENDA:
J. AMENDED EASEMENT ACQUISITION
– FISH LAKE WATER QUALITY TREATMENT BASIN
ACTION TO BE CONSIDERED: Approve a Stipulation Agreement to Amend the Easement
Acquisition for Contract 09 -04, Fish Lake Alum Treatment Basin and authorize the City
Attorney to execute said agreement.
FACTS:
• Contract 09 -04 provides for the construction of a water quality sedimentation basin to treat
the storm water flow from the Hurley Lake pumping station prior to its discharge into Fish
Lake.
• On November 12, 2002, the Council authorized the acquisition of 3 acres of land in the
extreme northwest corner of Pat McCarthy's property north of Wescott Rd to accommodate
the construction of this settling basin. At that time, the ownership rights to Mr. McCarthy's
property were being disputed in the district and appellate courts. Subsequently, the
acquisition of related easements had to be delayed. When the ownership issue was resolved
in 2008, the Council on February 3, 2009 re- authorized the acquisition of easements through
quick -take eminent domain. In addition to the permanent land acquisition for the settling
basin, a temporary construction access easement from Wescott Rd was also included in the
condemnation notice.
• During those ensuing years, Mr. McCarthy dedicated a Conservation Easement to Dakota
County over the westerly 35 acres, which happened to exclude the 3 acres proposed to be
acquired by the City. However, the temporary construction/access easement that was
included in the recent condemnation action against Mr. McCarty is now encumbered by the
newly dedicated Conservation Easement restrictions. This has required the City to also
negotiate permission from Dakota County for this temporary construction activity.
• Due to the strong conservation easement preservation policy of Dakota County, they are
requiring that the City perform mitigation by way of environmental restoration and
enhancements in other areas of this Conservation Easement. Mr. McCarthy also requested
that the original proposed alignment of the temporary access road be relocated further to the
east.
• These requests from both Mr. McCarthy and the County required a negotiated 3 -way
stipulation agreement to address their concerns. This agreement stipulates that Mr.
McCarthy will acquiesce to the City's proposed taking if we use the requested new
alignment, but at no additional compensation for the additional impacted area. The
agreement also stipulates that the City will restore the disturbed areas within the
conservation easement with a County specified seed, provide professional Forestry
assistance in identifying invasive vegetation in all woodlands west of Hurley Lake and
reimburse the County up to $1,000 for expenses incurred in removal of identified invasive
vegetation by County contracted forces.
• The City Attorney's office and Public Works staff have reviewed the details of this proposed
Stipulation Agreement and are presenting it for favorable consideration by the Council.
ATTACHMENTS:
• Location map and agreement, pages aa1. througho—)17--
.--Z/
Page 6 /STIPULATION OF SETTLEMENT, ORDER FOR JUDGMENT AND PARTIAL
JUDGMENT
McCarthy Property - Stipulation of Settlement Exhibit
PLS Section 15.27-23
�a
STATE OF MINNESOTA
COUNTY OF DAKOTA
City of Eagan, a Minnesota
municipal corporation,
Petitioner,
u
Patrick McCarthy; Patrick McCarthy, as Personal
Representative of the Estate of James A. McCarthy;
County of Dakota, a political Subdivision of the
State of Minnesota; Mary Roe and all others
claiming any interest in the property described
in Petitioner's Petition,
Respondents.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Case Type 2. Condemnation
COURT FILE NO.: 19 -C9 -03 -9419
STIPULATION OF SETTLEMENT,
ORDER FOR JUDGMENT AND
PARTIAL JUDGMENT
This Stipulation of Settlement is made this day of
2010, by and
between Petitioner, City of Eagan (hereinafter the "City ") and Patrick McCarthy and Patrick
McCarthy, as Personal Representative of the Estate of James A. McCarthy (hereinafter
"McCarthy ") (collectively the "Parties ")
WHEREAS, the City commenced this condemnation action by Petition dated August 26,
2009 to acquire a drainage and utility easement over property described on Exhibit "A -1" to the
Petition; and
WHEREAS, the City filed an Amended Petition dated June 7, 2010 to acquire the
following:
A permanent easement for drainage and utility purposes over, under, and across the South
550.00 feet of the North 575.00 feet of the West 230.00 feet of the Southwest Quarter of
the Southeast Quarter of Section 15, Township 27, Range 23, Dakota County, Minnesota.
Said drainage and utility easement contains ±126,505 square feet.
(hereinafter the "Permanent Easement Area ")
Page 2 /STIPULATION OF SETTLEMENT, ORDER FOR JUDGMENT AND PARTIAL
JUDGMENT
TOGETHER WITH:
A temporary easement for construction purposes over, under, and across the East 50.00
feet of the West 80.00 feet of the Southwest Quarter of the Southeast Quarter of Section
15, Township 27, Range 23, Dakota County, Minnesota lying north of the northerly right
of way line of Wescott Road as described in Document Number 642571, except the
North 575.00 feet thereof.
Said temporary construction easement contains ±27,669 square feet.
Said temporary construction easement to expire on June 15, 2011.
(hereinafter the "Temporary Easement Area "); and
WHEREAS, the County is the beneficiary of a conservation easement recorded January
7, 2004 with the office of the Dakota County Recorder as Document No. 2161054 (hereinafter
the "Conservation Easement "); and
WHEREAS, the Conservation Easement encumbers certain land located within the City
of Eagan and legally described as:
The West 35 acres of that part of the South Half of the Southeast Quarter of
Section 15, Township 27 North, Range 23 West, lying North of the North right -
of -way line of Wescott Road, except the West 230 feet of the North 575 feet of
the Southwest Quarter of the Southeast Quarter of Section 15, Township 27
North, Range 23 West, Dakota County, Minnesota.
(hereinafter the "Conservation Easement Area "); and
WHEREAS, the City intends to construct a sedimentation basin within the Permanent
Easement Area and outside of the Conservation Easement Area, but the City will need to use the
Temporary Construction Easement Area to allow for construction vehicles to construct the
sedimentation basin; and
WHEREAS, the terms of the Conservation Easement prohibits the construction of a
temporary road unless authorized and approved by the County; and
WHEREAS, the County wants to ensure that the land encumbered by the Conservation
Easement be improved if the temporary road is allowed; and
WHEREAS, the County as well as McCarthy have requested that the City choose an
alternative route for the Temporary Construction Easement Area and undertake improvements to
the Conservation Easement Area; and
4
Page 3 /STIPULATION OF SETTLEMENT, ORDER FOR JUDGMENT AND PARTIAL
JUDGMENT
WHEREAS, the City is willing to modify the location of the Temporary Construction
Easement Area and undertake efforts to restore the Conservation Easement Area all upon the
terms and conditions contained herein.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the City, McCarthy and the County agree as follows:
AMENDED PETITION. McCarthy and the County hereby consent to the
Amended Petition and agree that the City can acquire a drainage and
utility easement over, under and across the following property:
The South 550.00 feet of the North 575.00 feet of the West
230.00 feet of the Southwest Quarter of the Southeast
Quarter of Section 15, Township 27, Range 23, Dakota
County, Minnesota.
2. MODIFICATION OF TEMPORARY CONSTRUCTION EASEMENT AREA. The
Parties agree that the Temporary Construction Easement Area is hereby
modified and the location of such easement shall be a 50 -foot wide
easement, the centerline of which is generally depicted on Exhibit "A"
attached hereto (hereinafter the "Alternate Temporary Construction
Easement Area "). The Parties agree that the square footage of the
Temporary Construction Easement Area is 27,669 square feet and that it
shall expire on June 15, 2011.
3. ADDITIONAL OBLIGATIONS OF CITY WITHIN THE CONSERVATION EASEMENT AREA.
A. Restoration of Alternate Temporary Construction Easement Area.
After completion of the construction of the sedimentation pond the
City agrees to restore the Alternate Temporary Construction
Easement Area to a condition that existed prior to the construction
activity, save and except for the necessary removal of trees, brush
and undergrowth within the Temporary Construction Easement
Area. The County will provide the City with a specification for
seed mix which shall be installed by the City after completion of
construction.
B. Inventory of Invasive Trees. The City will assist the County to
identify any invasive tree species located within the Conservation
Easement Area west of Hurley Lake.
a�
Page 4 /STIPULATION OF SETTLEMENT, ORDER FOR JUDGMENT AND PARTIAL
JUDGMENT
C. Removal and Disposal of Invasive Trees. The County will retain
the services of Sentence to Serve crews, or contracted prison
crews, to cut, remove and stack the invasive trees. The County
shall be solely responsible for organizing the Sentence to Serve
crews or prison crews and the City and McCarthy shall have no
liability whatsoever for any work perforined by the Sentence to
Serve crews or prison crews within the Conservation Easement
Area. The County will arrange to have the Sentence to Serve or
prison crews stack the invasive trees adjacent to Wescott Road and
the City, at its sole cost and expense, shall dispose of the invasive
trees. All work for the removal of the invasive trees shall be
completed before June 15, 2011.
D. Reimbursement by City to Count. The City agrees to reimburse
the County for the actual costs incurred (up to a maximum of
$1,000.00) by the County for payment to the Sentence to Serve or
prison crews for the removal of the invasive trees.
4. ADDITIONAL QUICK -TAKE DEPOSIT. The City shall make its additional
quick -take deposit for the additional easement area acquired in the
Amended Petition with the district court and payment shall be disbursed to
the Respondents as their interests appear. Nothing in this Stipulation shall
be deemed a waiver by McCarthy to contest the amount of just
compensation, which shall be detennined by the court appointed
Condemnation Commissioners.
Dated: , 2010 SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
By: Robert B. Bauer, I.D. #227365
Attorneys for Petitioner, City of Eagan
7300 West 147th Street, Suite 600
Apple Valley, Minnesota 55124
(952) 432 -3136
aC p
Page 5 /STIPULATION OF SETTLEMENT, ORDER FOR JUDGMENT AND PARTIAL
JUDGMENT
Dated: .2010 DAKOTA COUNTY
By: Michael R. Ring, I.D. #0091820
Attorney for Dakota County
1560 Highway 55
Hastings MN 55033 -2343
651- 438 -4438
Dated: , 2010 MEISINGER & MEISINGER
By: Edmund C. Meisinger, I.D. #0071833
Attorney for Patrick McCarthy and Patrick
McCarthy as Personal Representative of
the Estate of James A. McCarthy
60 E Marie # 109
West St. Paul, MN 55118
(651) 457 -2827
ORDER
Based on the foregoing, the above - referenced Stipulation is hereby approved as follows:
1. The foregoing stipulation is hereby adopted in its entirety; and
2. Subject to the modification of the Temporary Easement identified herein, the
Petitioner's Amended Petition is hereby GRANTED and the Petitioner shall
snake its additional quick -take deposit with the district court.
Judge of District Court
D,77
Agenda Information Memo
July 20, 2010 Eagan City Council Meeting
OLD BUSINESS:
A. REGIONAL ROADWAY SYSTEM VISIONING STUDY (RRSVS)
ACTION TO BE CONSIDERED: Receive the Final Report for the Regional Roadway System
Visioning Study, adopt a resolution accepting the recommendations and authorize the Mayor
and City Clerk to execute said resolution.
FACTS:
• There are approximately 1,200 acres of undeveloped /underdeveloped land in the northeast
corner of Eagan and 3,100 acres in the adjacent northwest corner of Inver Grove Heights.
Combined, they provide one of the largest land areas of potential future economic and
residential growth adjacent to the I- 494/694 ring in the metropolitan area. The two sites are
expected to generate over 200,000 trips per day when fully developed, and will significantly
increase traffic demand in the area, particularly along the TH 149 and TH 3 corridors and their
respective interchanges with I -494.
• In 2005, the City conducted the Northeast Eagan Land Use Study that defined future
development scenarios and their relationship to the transportation infrastructure in the area.
One of the study findings was that the construction of an additional interchange connecting I-
494 to the regional transportation system near the border of northeast Eagan and northwest
Inver Grove Heights would support the highest potential development opportunities in the
area. This would support further facility and employment growth in the area for current and
future Eagan businesses.
• In 2006 -07, the cities of Eagan and Inver Grove Heights along with Dakota County completed
a joint "North -South Corridor Travel Demand Study" to perform a preliminary analysis for a
variety of conceptual roadway options in the north - central portion of Dakota County from a
regional perspective broader than the local roadway system needs of each city. This study
looked at both the projected 2030 traffic generation and assumed distribution of the
Eagan/Inver Grove Heights area along with anticipated future traffic from development
growth in Farmington and Rosemount (i.e. U -MORE Park, etc).
• The next phase of the transportation analysis was the preparation of a Regional Roadway
System Visioning Study (RRSVS), expanded to include the cities of Mendota Heights &
Sunfish Lake along with MnDOT, the Met Council and FHWA. The overall goal of the study
was to develop a long -term roadway system vision that is supported by all jurisdictions and
balances land use and transportation improvements for the designated area. The study
outcome includes a system plan that can be implemented over time by the study partners,
enabling them to plan for ongoing development and preservation of roadway corridors for
needed local & regional infrastructure improvements. The study outcomes included 5 defined
alternatives with Alt E being the final recommended preferred option:
A. Do Nothing/No Build. This alternative measured the impact on the existing roadway
system if no capacity improvements were made.
.a g,
B. Improve existing arterial roadway system to maximum capacity. This alternative took
into consideration upgrading and expanding the existing local, county and state arterial
roadway network to their foreseeable ultimate capacity.
C. Improve existing arterial roadwaysystem i.e. Alt B) plus add a new interchange on I_
494 at Delaware Ave (Co. Rd. 63). This alternative assumes all the improvements in
Alt. B will occur in addition to adding another access directly to I -494 replacing the
current Delaware Ave overpass.
D. Same as Alt. C but only with a different ramp configuration at the Delaware Ave
interchange.
E. Improve existing arterial roadway ystem i.e. Alt B) plus add a new interchange
494 approx. 1/3 mile east of Delaware Ave. This alternative again assumes all
improvements to the existing regional roads (i.e. Alt B) but moves the proposed
interchange away from the existing Delaware Ave overpass. This alternative would
require the dedication/acquisition of a new corridor for Co. Rd. 63 through Inver
Grove Heights and results in a "T" interchange with 494 accommodating direct access
to and from the south only.
• Regional Open Houses were held on June 24 and November 10, 2009 and most recently on
May 26, 2010 to present the various draft alternatives for public feedback. Update
presentations were made to the City Council at workshop sessions on June 9, 2009 and again
on March 9, 2010. In addition, a neighborhood meeting was held with residents from Mendota
Heights and Sunfish Lake on February 25, 2010 to address their specific objections and
concerns.
• As a result of these public and neighborhood meetings, many previous objections from our
neighboring communities have been satisfactorily addressed. Mendota Heights & Sunfish
Lake both passed resolutions of support on July 6 and Inver Grove Heights did the same on
July 12, all supporting the recommended Alternate E above. The report is scheduled for
County Board consideration on July 27.
• Eagan Staff similarly support the Study results with its recommendations for the preferred
Alternative E and are now presenting it to the City Council for consideration of favorable
action. Representatives from Inver Grove Heights and Dakota County will be in attendance to
address any questions the Council may have for them.
ATTACHMENTS:
• RRSVS Final Recommendations, pages AD-- through. Ll
• Mendota Hts, Sunfish Lake & Inver Grove Hts Resolutions, pages through.
• Proposed Eagan Resolution, page- �1 .
aq
x
REGIONAL ROADWAY SYSTEM
VISIONIN G STUDY
Recommendations
The intent of the study is to identify a transportation system plan that can support long -term growth
and development in the region, as well as complement and build upon current transportation systems.
The study area has one of the largest undeveloped areas (approximately 4,300 acres) adjacent to the 1-
494/1 -694 beltway. This area will develop over time and as a result, add more traffic to the current
transportation system. In addition, growth is also occurring in surrounding communities, particularly to
the south and east; this traffic also impacts the transportations system in this area. It is therefore
important to identify potential improvements needed to support this future growth, as well as ensure
safe and efficient travel into, through and out of the area. With this plan and subsequent environmental
studies, the appropriate agencies can work toward implementing improvements over time, as needs
arise, and as opportunities and funding permit. In addition, the plan will allow for avoidance and
minimization of property impacts and disruptions in services, especially as development occurs in the
study area.
The study recommendations need to be put in the following planning context.
• The study is not an official environmental study and therefore does not carry any official
environmental standing. More detailed analysis will need to be done to fully assess
environmental, design and operational issues in accordance with the National Environmental
Policy Act (NEPA) and Minnesota Environmental regulations at the time individual projects are
developed. The study focused on a high -level screening of environmental elements to identify
potential environmental issues, including a review of natural wetland inventory, special habitat
designations and right -of -way impacts to residential and commercial properties.
• While a specific system alternative is identified as an outcome of this study, all of the remaining
system alternatives (alternatives not selected) will need to be carried into future environmental
studies to fulfill environmental requirements. However, some of these alternatives may end up
in a considered, but dismissed narrative.
• Any changes in interstate access require a significant amount of analysis and study to ensure
safe and efficient operations of the system. This lengthy process may ultimately determine that
an additional access may not be warranted, or other modifications of the system may be needed
in conjunction with access changes.
The following recommendations have been developed through the involvement of the cities of Eagan,
Inver Grove Heights, Mendota Heights, and Sunfish Lake; Dakota County, the Minnesota Department of
Transportation (MnDOT), the Metropolitan Council, and the Federal Highway Administration (FHWA).
The recommendations are based on technical analysis, as well as public and committee input. These
recommendations constitute a vision for the area transportation system that will allow the system to
support area growth (as identified in local 2030 Comprehensive Plans) safely and efficiently.
Regional Roadway System Visioning Study Page 1 June 30, 2010
Recommendations
31
The following key improvements that constitute the vision are listed below and shown in
Figure 1:
a. Lone Oak Road (CSAH 26) —expand 2 to 4 lanes from TH 55 to Athena Way (where it is
currently 4 lanes).
b. 65th Street — extend from Babcock Trail to Lone Oak Point.
c. CSAH 28 Realignment north of TH 55.
d. TH 3 — expand 2 to 4 lanes from Cliff Road to TH 55.
e. TH 149 — expand 2 to 4 lanes from TH 3 to Rich Valley Boulevard.
f. Baffin Trail Realignment — alignment to be determined in future studies.
g. CSAH 28 Realignment south of TH 55 — connection to Argenta Trail will be determined
during future studies associated with the installation of a full interchange in the long
term.
h. Lone Oak Road (CSAH 26) — expand 4 to 6 lanes from the 1 -35E West Ramps to Neil
Armstrong Boulevard.
i. TH 55 — expand 4 to 6 lanes from TH 149 south junction to TH 149 north junction.
j. TH 149 — expand 4 to 6 lanes from TH 55 to 1 -494. This project recently received STP
federal dollars for construction.
k. TH 3 — consider 2 to 4 lane expansion in the long term from Upper 55th Street to TH 55.
I. TH 149 Interchange Improvements with 1 -494 Mainline between 1 -35E and TH 149 —
additional analysis is needed in an Interstate Access Request (IAR). As part of this study,
a preliminary analysis was completed to determine how the TH 149 interchange ramps
are currently being used, in relation to 1 -35E and 1 -494. Further study is necessary to
determine the solutions to address the capacity problems at the TH 149 interchange and
weaving issues between TH 149 and the 1 -35E exit.
m. Delaware Avenue — improvements as required by actual traffic conditions. Such
improvements may include turn lanes, shoulders, and trails /sidewalks. No additional
through lanes will be required.
n. New 1 -494 Interchange near Argenta Trail — approximately %2 mile east of the existing
overpass with a configuration to minimize potential impacts to Hornbean Lake on the
north. Additional analysis is needed in an Interstate Access Request (IAR).
Regional Roadway System Visioning Study Page 2 June 30, 2010
Recommendations
2
Mendota West St Paul outh St. Paul
Mendota
Heights Evaluate
Interchange
✓Ramps
High - Capacity'
Intersection -*
or Long -Term
interchange
Eagan
Legend
Future Roadway
4 Lane Expansion
6 Lane Expansion
1 -494 Modification
Note: These needs are not currently funded.
Sunfish
Evaluate
Interchange
Ramps
65th Street
To be
Determined
in Future
Study
Inver Grove Heig
Evaluate
West
Ramps
Figure 1 2 3 June 25, 20 10
52
o. TH 55 /Argenta Trail — consider a high - volume, high- capacity intersection upgrade, or a
long -term interchange at this location. 2030 Comprehensive Plan growth assumptions
do not reflect a need to separate grades based on traffic volumes. Buildout traffic
volumes are borderline. In the vicinity of TH 55, continue to keep Argenta Trail as the
through route and CR 28 connection into Argenta Trail (note: this is a change from the
recommendations of the "County Road 28 Corridor Study" completed in 2000). Plan for
an alignment of future CR 28 east of Argenta Trail that would intersect Argenta Trail
where interchange ramps would be located if an interchange were to be constructed in
the future. It is likely that the TH 3 West Ramps would need to be removed, if and when
a new interchange is constructed.
p. Argenta Trail — realign and expand to 6 lanes from TH 55 to 1 -494. This likely would be
built first as a 4 -lane roadway, then expanded to 6 lanes in the future as demands
increase.
Based on the analysis and input throughout the study process, Alternative "E" is recommended
as the "locally - preferred "1 system vision with new access to 1 -494. As noted in 1(n), this
recommended vision includes a new interchange along 1 -494. The Study Partners should
continue to investigate the technical and environmental acceptability of adding an additional
interchange access to 1 -494. This recommendation is made for the following reasons.
a. It addresses the growth anticipated in 2030, based on approved area Comprehensive
Plans, including the 2030 growth anticipated for NE Eagan and NW Inver Grove Heights.
b. It limits overloads of key arterial segments which are difficult and costly to expand
beyond six lanes (i.e., more urbanized area along TH 55 from south junction of TH 149 to
north junction of TH 149; and TH 149 from TH 55 to 1 -494).
c. It eliminates overloaded interchanges on 1 -494 at TH 149 and TH 3 by better balancing
transportation demand among other regional access points and a new interchange
access. This maximizes long -term flexibility of the overall transportation system.
d. It reduces travel demands at the 1- 494/TH 149 interchange, which is in close proximity
to the 1 -35E system interchange. Currently, there are operational and safety problems
with traffic from the TH 149 loop wanting to travel westbound on 1 -494, weaving with
westbound 1 -494 traffic exiting to 1 -35E within approximately 2,300 feet. Additional
modifications to the 1- 494/TH 149 interchange and the 1 -494 mainline will be needed in
the future. With a new 1 -494 interchange at the proposed Alternative E location, 40
percent of the traffic using the TH 149 westbound loop would be relocated to the new
interchange, approximately 8,200 feet further east. This will provide a longer distance
for vehicles to sort themselves out, which makes the weave and right -lane congestion
issues easier to address in the long -term on 1 -494.
1 Mn /DOT and FHWA cannot commit to one alternative until the environmental process is completed.
Regional Roadway System Visioning Study Page 4 June 30, 2010
Recommendations
e. It has the lowest right -of -way acreage impacts of all new 1 -494 interchange alternatives
and the lowest number of residential and commercial property acquisitions based on
current properties.
f. It maintains logical system connections with existing Argenta Trail and Delaware Avenue
thereby providing access to and from communities to the north; yet the traffic demands
along Delaware Avenue for this option are very similar to the other system
improvement options.
g. Alternative E is inclose proximity to Hornbeam Lake and this proximity will need to be
evaluated more closely in subsequent environmental studies. Interchange designs that
limit encroachments and impacts to this area should be considered.
h. Alternative E's interchange location and proposed alignment for Argenta Trail will be
designed to minimize impacts to wetlands and avoid where possible. Its location does a
better job of avoiding areas that have been identified as Regionally Significant Ecological
Areas (defined by the DNR using Minnesota Land Cover Classification System — 2008).
Alternatives C and D have some impacts to wetlands and the areas identified as
regionally significant ecological areas. These areas are located adjacent to existing
Argenta Trail and in the Argenta Trail and 1 -494 overpass area (Figure 2).
i. Alternative E has a low percentage of local trips using the regional system for a short
distance (i.e., interchange to interchange on 1 -494). A high percentage of the trips
accessing the regional system using the new interchange have other regional
destinations in the region.
j. It avoids undesirable direct impacts to residences immediately north of 1 -494 in the area
of Delaware Avenue, as well as shifts the alignment of Argenta Trail to the east of a
developed residential area on the south side of 1 -494.
k. The location of the new 1 -494 interchange in Alternatives C and D are not consistent
with Mendota Heights and Sunfish Lake Comprehensive Plans (i.e., Alternative E is
located in Inver Grove Heights). The new interchange location and potential realignment
of Argenta Trail is consistent with the Inver Grove Heights Comprehensive Plan.
3. An Interchange Warrant Analysis has been completed and submitted to FHWA, through
Mn /DOT, to obtain formal feedback on the additional access on 1 -494 at location "E ". A more
detailed and comprehensive operations and safety analysis will be required, assuming the
access process moves forward (see Recommendation #4).
Regional Roadway System Visioning Study Page 5 June 30, 2010
Recommendations
4. If FHWA indicates that the warrant analysis has merit to move forward to the next step (this
decision doesn't signify support for the access change, only that it warrants greater analysis);
then the next step is to complete an Interstate Access Request (IAR). This process will address in
more detail operations and safety issues on 1 -494. Based on input from FHWA and Mn /DOT, this
analysis will need to develop solutions for the capacity problems at the TH 149 interchange and
weave issues on 1 -494 associated with 1 -35E and TH 149. This analysis will require a formal
layout for the interchange and other access changes, as well as an environmental study that
meets state and federal requirements.
5. All agencies should continue to pursue a variety of funding sources, both public and private. As
one example, the City of Eagan has previously instituted a system to generate funds for future
transportation improvements in Northeast Eagan. This type of funding should be considered in
Northwest Inver Grove Heights. In addition, they should work to identify projects that could be
incorporated into Capital Improvement Programs.
6. While this study identifies basic right -of -way footprints and general access considerations,
subsequent efforts will further define specific property acquisitions and detailed access
strategies for all arterial and collector routes. Based on volumes and function, access to Argenta
Trail south of 1 -494 and north of TH 55 will be limited to three full- access points. This will guide
future development and allow study partners to take advantage of opportunities as they arise.
This corridor should also be planned for a minimum of 200 feet in width of right -of -way
considering the 6 -lane needs and the need to coordinate with transit planning that has been
completed to -date (Figure 3).
7. Specific improvements to Delaware Avenue north of 1 -494 will need to be agreed upon by
Dakota County, Mendota Heights and Sunfish Lake if the need arises based on actual traffic
conditions.
8. The Study Partners should take additional steps in subsequent studies to further develop
pedestrian and bicycle accommodations within the planned corridors so that safety is addressed
on segments as well as at nodes /intersections for other modes. In addition, designs and land
uses should be planned to accommodate transit where it is applicable.
9. The Study Partners need to consider strategies to reducing demand for access to the regional
system. With future planning, the City of Eagan and Inver Grove Heights should promote mixed
land uses with integrated pedestrian /bicycle facilities that encourage and increase internal trips
and decrease regional peak hour trips. In addition, TDM requirements should be considered for
higher trip generation land uses to reduce peak hour demand on the roadway system, as transit
service opportunities are realized in this area of Dakota County. As part of this effort, the Study
Partners should also look at land uses and their role in supporting transit service. In particular, it
should further define /develop transit's role in this area given the potential transitway alignment
identified in the Robert Street Corridor Feasibility Study. This alignment is consistent with the
proposed Argenta Trail realignment and interchange location in Alternative "E" (see Figure 3).
Regional Roadway System Visioning Study Page 7 June 30, 2010
Recommendations
3�O
10. Mn /DOT, Dakota County, Eagan and Inver Grove Heights should conduct additional system
planning work south of TH 55 to define and reconcile future roadway connections between the
RRSVS and the Rosemount /Empire /UMore Transportation System Study.
Regional Roadway System Visioning Study Page 9 June 30, 2010
Recommendations
37
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TU May 7, 2010
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 10 -48
A RESOLUTION DISCUSSING THE REGIONAL ROADWAY SYSTEM
VISIONING STUDY
WHEREAS, Dakota County partnered with the Minnesota Department of
Transportation, the Metropolitan Council, the Federal Highway Administration, the City
of Eagan, the City of Inver Grove Heights, the City of Mendota Heights, and the City of
Sunfish Lake to conduct a transportation study in northern Dakota County with the goal
of developing a long -term roadway system vision that is supported by all jurisdictions
and balances land use and transportation improvements for the study area based on
projected growth in Eagan and Inver Grove Heights; and
WHEREAS, the City of Mendota Heights has participated in this study process
with staff representatives, elected officials and interested residents at all stages of the
study; and
WHEREAS, the City of Mendota Heights has continually stated its objection to
an interchange at Delaware Avenue and I -494 and expressed concerns about related
issues; and
WHEREAS, the City of Mendota Heights has participated in all three public
open houses and the two neighborhood meetings held on this study; and
WHEREAS, the City of Mendota Heights formed an ad -hoc committee that
included membership from the city council, city staff, residents, Sunfish Lake and a
contract professional to track the progress of this study and ensure that the city's position
was made clear; and
WHEREAS, the City of Mendota Heights fully supports the need to undertake
planning in order to prepare for and respond to future growth.
NOW THEREFORE BE IT RESOLVED, the City of Mendota Heights offers
the following comments to Dakota County's draft recommendations on the Regional
Roadway System Visioning Study:
Supports the recommendation of a future interchange being placed at Alternate E,
approximately' /4 mile east of the current Delaware Avenue interchange. Any
potential future interchange at Delaware Avenue will not be supported by the City
of Mendota Heights.
2. Any future improvements to Delaware Avenue must be driven by the City of
Mendota Heights. The character of Delaware Avenue is unique and best
41
understood by the city and our residents. The local government unit is best suited
to determine any future changes.
Mendota Heights supports the right of Eagan and Inver Grove Heights to develop
their infrastructure within the Metropolitan Council's approved growth limits
while at the same time we encourage them to develop the transportation element
of this planning totally within their city limits. It has been represented to the City
of Mendota Heights by Dakota County staff that the growth projections in Eagan
and Inver Grove Heights are based on their approved 2030 comprehensive plans
and Mendota Heights is relying on these projections in its decision making
process. The study should be flexible enough to accommodate up or down the
level of infrastructure and financial investment needed as the growth occurs. The
development and investment should be based on actual growth to avoid both
overinvestment and underinvestment.
4. Priority should be given to transportation projects that take place within Eagan
and Inver Grove Heights to internalize traffic flows within the new growth areas.
BE IT FURTHER RESOLVED, that while the City of Mendota Heights
understands that this is a traffic study, the information that has not been studied
including the environmental factors and financial implications, all of the information
needs to be studied before final decisions can be made on all of the recommendations.
BE IT FURTHER RESOLVED, that the City of Mendota Heights intends to
stay fully engaged with this issue in the future to ensure that any plans changes do not
negatively impact the city and its residents. Mendota Heights has enjoyed a positive
relationship with the neighboring cities and the county and believes it is important to
be a part of the decision making process. The transparency in government decision
making that we have experienced with the county and the visioning study is important
to Mendota Heights now and in the future.
Adopted by the City Council of the City of Mendota Heights this 6th day of July 2010.
ATTEST
By
Nancy Bauer, Acting City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
John J. Huber, Mayor
CITY OF SUNFISH LAKE
DAKOTA COUNTY, MINNESOTA
RESOLUTION 10-
A RESOLUTION DISCUSSING THE REGIONAL ROADWAY SYSTEM
VISIONING STUDY
WHEREAS, Dakota County partnered with the Minnesota Department of
Transportation, the Metropolitan Council, the Federal Highway Administration, the City
of Eagan, the City of Inver Grove Heights, the City of Mendota Heights, and the City of
Sunfish Lake to conduct a transportation study in northern Dakota County with the goal
of developing a long -term roadway system vision that is supported by all jurisdictions
and balances land use and transportation improvements for the study area based on
projected growth in Eagan and Inver Grove Heights; and
WHEREAS, the City of Sunfish Lake has participated in this study process with
staff representatives, elected officials and interested residents at all stages of the study;
and
WHEREAS, the City of Sunfish Lake has continually stated its objection to an
interchange at Delaware Avenue and I -494; and
WHEREAS, the City of Sunfish Lake has participated in all three public open
houses and the two neighborhood meetings held on this study; and
WHEREAS, the City of Mendota Heights formed an adhoc committee to track
the progress of this study and ensure that the city's position was made clear that included
membership from the city council, city staff, city residents, Sunfish Lake and contract
professionals; and
WHEREAS, the City of Sunfish Lake fully supports the need to undertake
planning in order to prepare for and respond to future growth.
NOW THEREFORE BE IT RESOLVED, the City of Sunfish Lake offers the
following comments to Dakota County's draft recommendations on the Regional
Roadway System Visioning Study:
1. Supports the recommendation of a future interchange being placed at Alternative
E, if and only if there is an extensive environmental review which demonstrates
no adverse effects to Hornbeam Lake and its adjacent land area.
Any future improvements to Delaware Avenue must be driven by the cities of
Mendota Heights and Sunfish Lake. The character of Delaware Avenue is unique
and best understood by the two cities and their residents.
43
3_ The city supports using and expanding the existing infrastructure that exists in
Eagan and Inver Grove Heights to the fullest extent possible to deal with their
growth. The city's concern is in the approach taken by the study using one rate of
growth. The study should be flexible enough to accommodate up or down the
level of infrastructure and financial investment actually needed as the growth
actually occurs. The actual development and investment should be based on
actual growth to avoid both overinvestment and underinvestment.
4. Priority should be given to transportation projects that take place within Eagan
and Inver Grove Heights to internalize traffic flows within the new growth areas.
5. Inver Grove Heights and Eagan should promote mixed land uses with integrated
pedestrian/bicycle facilities in addition to supporting 21 st century transit planning
which would help reduce individual traffic trips within the system.
BE IT FURTHER RESOLVED, that while the City of Sunfish Lake
understands that this is a traffic study, the importance of the information that has not
been studied, including the environmental factors and financial implications, needs to
be studied before final decisions can be made on all of the recommendations.
BE IT FURTHER RESOLVED, that the City of Sunfish Lake intends to stay
fully engaged on this issue in the future to ensure that the plans do not change that
would negatively impact the city and its residents.
Adopted by the City Council of the City of Sunfish Lake this 6th day of July 2010_
ATTEST:
Catherine Iago, City Clerk
CITY OF SUNFISH LAKE
Molly Park, Mayor
UM
CITY OF INVER GROVE HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ADOPTING THE REGIONAL ROADWAY SYSTEM VISIONING
STUDY RECOMMENDATIONS
RESOLUTION NO.
WHEREAS, the City of Inver Grove Heights, along with the Minnesota
Department of Transportation, Dakota County, and the City of Eagan, entered into an
agreement to study future transportation improvements in northwest Inver Grove
Heights, northeast Eagan, Mendota Heights, and Sunfish Lake; and
WHEREAS, these entities subsequently selected SRF to conduct the study; and
WHEREAS, the intent of the study is to identify a transportation system plan that
can support long -term growth and development in the region, as well as complement
and build upon current transportation systems; and
WHEREAS, the study was guided by a technical advisory committee consisting
of the Minnesota Department of Transportation, Dakota County, Metropolitan Council,
Federal Highway Administration, and the cities of Inver Grove Heights, Eagan, Sunfish
Lake, and Mendota Heights; and
WHEREAS, SRF conducted a technical analysis of future development in Inver
Grove Heights, Eagan, and surrounding cities and alternative transportation
improvement alternatives; and
WHEREAS, considerable public input was obtained through three open houses
and various other meetings; and
WHEREAS, SRF has concluded by preparing a list of recommendations; and
WHEREAS, these recommendations are found to be consistent with the Inver
Grove Heights Comprehensive Plan.
�s
Resolution No.
Page Two
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF INVER GROVE HEIGHTS hereby adopts the Regional Roadway System
Visioning Study Recommendations.
BE IT FURTHER RESOLVED, that the City Council of the City of Inver Grove
Heights:
- Strongly supports an interchange at 1 -494 as shown on Alternate E and
finds such an interchange necessary to serve future regional and local
transportation needs.
- Strongly supports an interchange at Highway 55 and Argenta Trail and
finds such an interchange necessary to serve future traffic volumes
and to eliminate traffic safety hazards.
Passed by the City Council of the City of Inver Grove Heights on the 12th day of July
2010.
AYES:
NAYS:
ATTEST:
Melissa Rheaume, Deputy Clerk
George Tourville, Mayor
0
CITY OF EAGAN
DAKOTA COUNTY, MINNESOTA
RESOLUTION OF SUPPORT
REGIONAL ROADWAY SYSTEM VISIONING STUDY
WHEREAS, Dakota County partnered with the Minnesota Department of Transportation, the
Metropolitan Council, the Federal Highway Administration, the City of Eagan, the City of Inver Grove
Heights, the City of Mendota Heights, and the City of Sunfish Lake to conduct a transportation study in
northern Dakota County with the goal of developing a long -term roadway system vision that is supported
by all jurisdictions and balances land use and transportation improvements for the study area based on
projected growth in Eagan, Inver Grove Heights and the surrounding region; and
WHEREAS, the City of Eagan has participated in this study process with staff representatives
and elected officials at all stages of the study; and
WHEREAS, the City of Eagan has participated in all three public open houses and the two
neighborhood meetings held on this study; and
WHEREAS, the City of Eagan fully supports the need to undertake planning in order to prepare
for and respond to future growth.
NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby supports the draft
recommendations in the Regional Roadway System Visioning Study, including the following:
Placement of a future interchange at Alternate E, approximately '/ mile east of the current
Argenta Trail /Delaware Avenue (County Road 63) overpass.
Adopted by the City Council for the City of Eagan this 17t" day of July 2010.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of July, 2010.
Maria Petersen, City Clerk
47
Agenda Memo
July 20, 2010
Regular City Council Meeting
NEW BUSINESS:
A. Ordinance Amendment — Chapter Six, Section 6.54 of the City Code regarding Body
Art Establishments and Technicians.
ACTION TO BE CONSIDERED:
Approve an amendment to Chapter Six, Section 6.54 of the City Code regarding Body
Art Establishments and Technicians.
FACTS:
• During the 2010 Legislative Session, a new law set licensing standards in regard to body
art establishments and technicians.
• The new law specifies health and safety rules for sites, equipment and procedures.
• In a change from current law, no tattoos may be provided to people under age 18,
regardless of parental consent.
• In addition, by January 1, 2011, body art technicians and establishments will need to be
licensed by the Department of Health and cities may not continue to license persons
practicing body art (technicians).
• An amendment to Section 6.54 of the City Code is proposed that would incorporate the
new State regulations.
• An article regarding the new law and the effect it will have on cities by LMC Staff
Attorney Rachel Carlson is attached.
• It may be the wish of the Council to consider the merits of continuing to license body art
establishments given the new State regulations. This could be discussed at a future
workshop.
ATTACHMENTS:
• Attached as pages through G-S is a copy of a summary of the new law by the
League of Minnesota Cities Staff Attorney.
• Attached as pagessq through is a copy of the ordinance amendment that
indicates the proposed changes.
PERRE
LMC CODIFICATION SERVICE
THE LEAGUE OF MINNESOTA CITIES IS A MEMBERSHIP ORGANIZATION
SERVING MINNESOTA CITIES SINCE 1913. LMC CODIFICATION IS A
SPECIALIZED SERVICE TO HELP OUR CITIES MAINTAIN COMPLETE. UP
'TO DATE AND AFFORAPLE CODE BOOKS IN A FREQUENTLY CHANGING
LEGAL LANDSCAPI =.
PAGES
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• l'-'ommolit 11a&WV
A NEW STATE LAW SUPERCEDES CITY ORDINANCES ON TATTOO PARLOR
HEALTH AND SAFETY. CITY ORDINANCES MUST BE AS STRICT AS THE
NEW STATE REQUIREMENTS. WHAT DO YOU THINK ABOUT THE NEW
LAW?
TUESDAY, JUNE 29, 2010
w allt to holloxv 'I'll is 11log? I- el-c's tl o'dv!
This link will take you to the Blogger website and explain the process to follow a blog.
"Following" a blog will allow you to get regular updates when new articles are posted.
Here is the link:
httl7:i �1���,��. oa�;lc.ctaalt/ uhlxart/ hl�. �.... , c r./l,i11,aa lay'rhl
POSTED BY RACHEL CARLSON, LMC STAFF ATTORNEY AT 1.10 PM 0 (OtAMENTS
LABELS: 6LOG, FOLLOW
Nt-A , Lav%, Remilatiti- `1'.attoo and Bod�, All I stablishlliel -It.'
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Summary of the New Law
Beginning July 1, 2010 the State of Minnesota will step into the realm of regulating body
art — which includes tattooing and body piercing, scarification and body modification
such as tongue bifurcation (herein after referred to collectively as "body art "). See MN
Laws 2010 Chapter 317 (a link may be found at the end of this entry).
The state will offer two types of licensure — licenses for establishments where body art is
conducted and licenses for persons performing body art procedures in these
establishments. To do this type of work everyone must be licensed - without exception -
across the state.
How the New Law Effects Cities
Cities that previously regulated body art establishments may continue to do so — if their
local ordinances are as strict as the state requirements. It should be noted that
establishments in cities with local ordinances will not need to obtain the new state
license.
Cities may not continue to license persons practicing body art. These practitioners must
now be licensed exclusively by the state.
M
Cities may continue to enforce zoning, building and construction requirements,
nuisance control and commercial licensing of businesses in general without interruption
against body art establishments.
How Should Cities Respond to the New Law?
The new law means that city councils will probably have to spend some time thinking
about tattoos, piercings and tongue bifurcation. Maybe that isn't exactly a happy
thought.
All body art practitioners and establishments will need to obtain a new state license by
January 1, 2011. If they fail to obtain a license, they may no longer legally perform their
services in the State of Minnesota. They may also face stiff penalties for failing to
comply.
With the new state regulation hanging over their heads, body art establishment owners
located in your city may start visiting city hall with some questions. For example, in
cities that already regulate body art establishments, the owner may be asking 1) do local
standards meet the new state standards? 2) do I need to get a local license now or a state
license?
Cities that currently do not license body art establishments may get requests that the
city start regulating this area. Often local business owners prefer to deal with a city
entity rather than a state entity. The establishment owner might view city regulation as
less expensive, easier to obtain licenses and /or easier to negotiate any future difficulties
that may arise.
The Most Important Question: Do We Still Want to Regulate This?
Even if the city doesn't get these questions from local body art establishment owners,
the city council may still need to review local ordinance. The most important question to
ask is: do we still want to regulate this? In my experience, cities are reluctant regulators
on this topic. Most of the cities that have called me for sample ordinances on these
establishments were surprised to learn that the state wasn't already heavily regulating
body art.
Some other questions that it might be worthwhile to consider are:
• Can we do this as well as the state?
• If the state is willing to regulate this area, is it worth the expense for us to regulate
locally?
• Do we want (or currently have) stricter standards than what the state requires? Will
state regulation be adequate to protect resident safety?
• If our current ordinance is less restrictive than the state requirements, are we willing
to commit to amending the local ordinance to bring it up to snuff?
• If local ordinance is currently less restrictive, are we interested in having staff assume
new duties related to inspection and license issuance?
If the city wishes to continue to regulate this area, the new law must be reviewed
carefully and compared to the existing ordinance — particularly the "health and safety
standards" portion and the sections regulating home businesses. The city may have
stricter standards than the state law. In addition, a city may choose via local ordinance
to "limit the types of body art procedures that may be performed in body art
establishments located within its jurisdiction." (See Minn. Law Chapter 317, Section 2,
Subdivision 9). This feature may be an argument for some cities to maintain their local
ordinances.
Key Features of the New Law for Establishments
Under the new law, body art establishments may obtain a license good for three (3)
years. With each new license issued, an inspection must be performed. Thereafter,
inspections must occur at least once during the three year licensure period.
The law itself must me read for the detailed provisions on procedures and health
standards. Some key items, however, include the following. Establishments must:
• Meet all local and state health and safety codes for buildings and not constitute a
public health nuisance;
• Maintain records on the licensure and training of employees and on clients serviced at
the establishment;
• Establishments in private homes must be completely separate from living, eating and
bathroom areas in the home;
• Properly dispose of sharps, blood or body fluids, or items contaminated
by blood or body fluids;
• Use only single use needles and perform body art procedures in a sterile area;
• Obtain and properly maintain sterilization equipment;
• Maintain records related to "spore" tests conducted on equipment sterilizers.
The new law also contains extensive procedures for the revocation of establishment
licenses where violations have occurred. In addition, violations may be punished by a
civil penalty not exceeding $1o,000 that includes costs for investigation and prosecution
of the violation.
Conclusion
I almost wish I were a fly on the wall — able to sit in on the council discussions related to
body art and tongue bifurcation that will inevitably arise in many of Minnesota's city
council chambers in the next few months. Rather than being a new mandate for
regulation to cities, this new law presents cities with some interesting choices to
consider. I hope this blog entry helps inform what is sure to be a colorful and varied to
discussion.
Finally, for those of you who need the details of the new law. Here is a link to take you
right there:
I I I t /1<��1�; /'.'iii
POSTED BY RACHEL CARLSON, LMC STAFF ATTORNEY AT 10:23 AM 0 CONAMENTS
�= J
ORDINANCE NO. _ 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE
CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING
SECTION 6.54 REGARDING BODY ART ESTABLISHMENTS; AND BY ADOPTING BY
REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Six is hereby amended by adding the following definitions to
Section 6.54, Subd. 2:
Microdermal means a single -point perforation of any body part other than an earlobe for the purpose of
inserting an anchor with a step either protruding from or flush with the skin.
Subdermal implantation means the implantation of an object entirely below the dermis.
Suspension means the suspension of the body from affixed hooks placed through temporary piercings.
Tongue bifurcation means the cutting of the tongue from the tip to the base, forking at the end.
Section 2. Eagan City Code Chapter Six is hereby amended by renumbering Section 6.54, Subd. 3
to Section 6.54, Subd. 3A and adding Section 6.54, Subd. 3B to read as follows:
Subd. 3A. Body Art Establishment License required. No person, partnership, corporation or other form of
business entity shall operate a body art establishment
without first obtaining a body art establishment license from the city. Jewelry
stores and accessory stores that provide ear - piercing services exclusively using piercing guns shall be
exempt from this section. This section does not apply to any body art performed or provided by a licensed
medical or dental professional in a medical or dental office.
Subd. 3B. Body Art Technician License Required. No person shall engage in or perform any body art
technique or procedure upon another unless the person holds a valid body art technician license from the
Minnesota Commissioner of Health in accordance with the state law regulating body art.
Section 3. Eagan City Code Chapter Six is hereby amended by changing Section 6.54, Subd. 4(d)
to read as follows:
Subd. 4. Licensing procedure. The application for a body art establishment license shall be submitted to
the city clerk on a form provided by the city and shall include:
d. A statement as to whether the applicant or principals of the partnership or corporate applicant has been
arrested or convicted within the last five years for any violation of any state or federal statute or any local
ordinance, other than traffic offenses, providing for each violation: the offense, the date of the offense, the
disposition of the offense, the date of the disposition of the offense, and the city, county and state in which
the offense occurred.
5q
Section 4. Eagan City Code Chapter Six is hereby amended by changing Section 6.54, Subd. 8(c),
to read as follows:
C. Has been denied a license by the city, er any other Minnesota municipality, or the state to
operate a body art establishment or whose license has been suspended or revoked within
the preceding 12 months.
Section 5. Eagan City Code Chapter Six is hereby amended by changing Section 6.54, Subd. 10(a),
to read as follows:
a. No persen shall perfami any bad), aft pfeeedur-e an aiiy person undef the age of 18 &Xeept
Regardless of consent by a minor's parent, custodian, or legal guardian, no person shall
perform any body art on a minor, except body piercing of areas other than nipples or
genitals may be performed on a minor, provided written consent of parent or legal guardian
is provided.
Section 6. Eagan City Code Chapter Six is hereby amended by changing Section 6.54, Subd. 10(e),
to read as follows:
No person shall solicit business or offer to perform body art services while under license
suspension or revocation by the city or state.
Section 7. Eagan City Code Chapter Six is hereby amended by changing Section 6.54, Subd. 10(f),
to read as follows:
The licensee shall be responsible for the conduct of the business being operated and shall at
all times maintain conditions of order.
Section 8. Eagan City Code Chapter Six is hereby amended by changing Section 6.54, Subd. 10(h),
to read as follows:
h. All licensees shall maintain and keep on file on the licensed premises ate°~ ~f~°~" �'
for a minimum of twe three years the followina, ineludifi g:
1. A description of all bodv art procedures perfonned by the establishment:
2. The name, home address, home telephone number, date of birth, and signature of
each body art customer, including the signed parental consent forms required for
the body art customer if he or she is a minor;
3. Copies of the spore tests conducted on each sterilizer;
2
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4. The name, home address, home telephone number, date of birth, copy of an
identification photo, and license number or guest artist license number for each
technician or guest artist employed or performing body art procedures in the
establishment.
Section 9. Eagan City Code Chapter Six is hereby amended by changing Section 6.54, Subd. 100),
to read as follows:
j. Branding, microdermal, subdermal implantation, suspension, tongue bifurcation, and
scarification are prohibited in the City of Eagan.
Section 10. Eagan City Code Chapter Six is hereby amended by changing Section 6.54, Subd.
10(k), to read as follows:
k. The licensee shall follow the Minnesota Department of Health guidelines in providing
body art services or procedures and all health and safety standards set forth in the laws of
this state governing body art establishments.
Section 11. Eagan City Code Chapter Six is hereby amended by adding Section 6.54, Subd. I I(d),
to read as follows:
d. Any basis for suspension or revocation as stated in the laws of this state ovg_erning body art
establishments.
Section 12. Eagan City Code Chapter Six is hereby amended by changing Section 6.54, Subd. 12,
to read as follows:
Subd. 12. Inspections. To ensure compliance with this section, the licensed premises shall be open for
inspection by any city official or other person responsible for enforcement during regular business hours.
Said inspection may include an inspection of the records required to be maintained by this section. An
inspection shall occur at least once every three vears durina which a premises is licensed. but may occur
more often as determined by the Ci
Section 13. Eagan City Code Chapter Six is hereby amended by adding Section 6.54, Subd. 13 to
read as follows:
Subd. 13. Minn. Stat. �g 146B.01- 146B.10 adopted by reference. Except as otherwise provided in this
Section, the re ug lato . and procedural provisions in Minn. Stat. § 146B.01- 146B.10 (body art licensure and
regulations), as amended, are hereby incorporated herein and adopted by reference, including the penalty
provisions thereof.
Section 14. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code Including 'Penalty for Violation "' and Section 6.99, entitled "Violation a
Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim.
Section 15. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
91
I�SLQ
ATTEST:
CITY OF EAGAN
City Council
By: Maria Petersen By: Mike Maguire
Its: City Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
��77