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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 Location Map I Ad •� I Dime Rd can Rd Map Area Extent . u�u�u�n n�n��i ►� u� ►u� ►����q��un�n�u�n�n�n�n� �o P J. Subject Site r A yW .aWLi i a Country Horne.Park Highview•Park k 9 0 P 2 vESr r U a i 1 Z ilot Knob Park �" e Feet 0 500 1,000 2,000 Legend Project Name: Central Irrigation Supply Addition ,.11. City Boundary Parcels Parks Buildings N City of Eap Q °s ti1do l yo,► 06 b R gg� R � iii 00'ORt J.00, JIAp' bw U� yon 0�y �p 3 \ s 7 4� b Y \a �Y @ L b •Y b IC �Y 'geir Y tea `, •, y a ai 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 i. Ht aSu - - -------- LL 0 g..O I - ;l - .2 3 a. .2 S0� - p LL J, K 10.11 UL 661 mm I r-I I 4 0 I AvLI fi a Fa ''1 f1AY,lY r z ll N O �I 1 STi fi / w $ n �LLw z R.. ,,.l1 J , Ft- R r '?Ati Mk�ry:Ilh V `" m r tAr . f t 4 Long Term I j ' X _ Robert Street Corridor 141ii >nesota'>f" , Vision urnSrr,Depor f � Transit Feasibility Study Q Park & Ride / \ 1 Long Term Express Bus \' \ Corridor Vision Limited Stop BRT �r — — Potential Transitway • • + Potential Street Car m \ Existing Transit > t, Anna polls St \ "\ a �LJMiles Vf URSe N Butler Ave Sr :.� O Thompson Ave 1 �� ✓• . o Q' 6Lntworth N.ve r i i Dakota County Northern Service Center 0 Rd L Mendota Heights Rd �/ upper 55th St E i - I NE Study Area N' iExpansion Area u �; lone.Oak Rd l l 7Oth-St -E— � 4, Yank a Doodle R — — 80th St E ?^ ---= ��. Community Colo e/ Inver Hills Thomson RaAers •��� 1 Wescott Rd • J 'Jjj a \1 o a o° Oiffley Rd dl /i 0.1 Wit _1.1.0th_St_W{ l f 117th St E 1 \ \ Y C t , 135th St E 52 Dakota Courtly Techmcal College j J— /--•r. 145th St E 1' �iJ j. — —q- — — — — - UMore Park W 11 m - i ..�.,; Figure 3 J, 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 • t follic • bmit kAIC Ifloagg cr,s • C'(dc 4.'r,nl� art L • 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.' m 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 JC'S 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