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05/15/1995 - City Council Special MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 15, 1995 A special meeting of the Eagan City Council was held on Monday, May 15, 1995 at 5:15 p.m. at Black Hawk Middle School, following an Executive Session. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Director of Public Works Tom Colbert, Director of Parks and Recreation Ken Vraa, Community Development Director Peggy Reichert, Senior Planner Kristi Marnin, Police Chief Pat Geagan and City Attorney Jim Sheldon SPECIAL INDUSTRIAL ZONING CATEGORY (SOUTHEAST EAGAN LAND USE STUDY) Community Development Director Reichert gave a staff report on this, outlining four options as to how to handle this property, with several variations. One option would be to leave the zoning I-1 and make sure everyone has a conditional use permit that needs one. Discussion following on the printing business and the small engine repair business, which are not industrial uses. Councilmember Awada stated she feels the city should allow anything less intense than industrial in an Industrial zone. Community Development Director Reichert noted that some of these general business uses are not compatible with residential property, while some industrial uses are. Councilmember Hunter asked whether the city can impose conditions on the conditional use permits when they are approved. City Attorney Sheldon explained the difference between a permitted use and conditional use, and noted that the zoning ordinance doesn't list specific conditions. He noted that the Council can Impose reasonable conditions on a conditional use permit. Councilmember Hunter asked whether the city can impose conditions on one I-1 parcel within the city and not others. City Attorney Sheldon indicated they can if the city can clearly articulate that it affects the health, safety and welfare of the city. Councilmember Hunter asked whether the city can force review and amendment of an existing standing conditional use permit. City Attorney Sheldon Indicated the city can always review the status of a conditional use permit, but the use is permitted once the conditions are met. It then becomes a permitted use. Councilmember Wachter asked whether the conditional use permit stays with the property or with the owner, and City Attorney Sheldon responded that it goes with the property. Community Development Director Reichert added that the city can revoke the conditional use permit It the conditions aren't complied with. Senior Planner Marvin noted that everyone in this area will need to get a new conditional use permit. She reviewed the various businesses in that area and reasons for needing a conditional use permit. Community Development Director Reichert noted the city could permit all I-1 permitted uses, and could adopt a policy that all conditional uses have to meet more conditions, either city-wide or specific to this property. Councilmember Hunter stated that the major problem seems to be outdoor storage. He would consider approving conditional use permits if there is a lot of screening for properties adjacent to the residential property and the school. He thinks option 2 is too broad; he feels option 1 is a better choice. Coundimember Awada proposed building a large wall around this area. It would be a permanent solution, assuming it is not cost prohibitive. Councilmember Hunter added that there should be landscaping also. Community Development Director Reichert noted that Mr. Oberg Is planning to have larger equipment on his property, and staff will have to determine If it can be screened. Councilmember Hunter asked what the appropriate action would be If someone is not in compliance with the conditional use permit and doesn't live up to its terms within 30-60 days. City Attorney Sheldon indicated an order for compliance should be given, and then a public hearing will be held before the City Council or an administrative law judge. A determination is then made and followed. Community Development Director Reichert noted that these are difficult to enforce because the nature of these businesses is outside equipment. Councilmember Masin proposed a fence height be imposed, with the condition that equipment cannot show over the fence. Councilmember Wachter noted the fence would have to be 8 feet high. EAGAN SPECIAL CITY COUNCIL MINUTES; MAY 15, 1895 PAGE 2 Councilmember Awada asked what can be done with the Magnum Towing property since it Is not In compliance. Community Development Director Reichert noted that the conditional use permit can be revoked because he hasn't been in compliance for a long time. Councilmember Awada suggested the property be kept 1-1 and figure out a way to allow the lower Intensity uses In this area. Community Development Director Reichert asked how the Council wants to handle the contracting yard, and Councilmember Hunter suggested that some outdoor storage be allowed with screening no higher than 8 feet. Discussion followed concerning which sides of the property should be screened. Councilmember Awada suggested properties adjacent to Red Pine Lane and Biscayne Avenue be screened. Councilmember Hunter suggested It be all properties that don't have another industrial use next to them be screened. Councilmember Awada suggested the Magnum Towing conditional use permit be revoked; that everyone come in for a conditional use permit, and the ones that can't come Into compliance be revoked. Community Development Director Reichert stated she feels everyone needs to screen all outdoor storage, noting that is what Is required in other 1-1 zones. Senior Planner Marnin also suggested screening between the industrial property and the school. Community Development Director Reichert asked about paving of existing parking and storage areas, and Councilmember Hunter stated he feels it should be required. Councilmember Awada noted they should have a reasonable compliance schedule and Councilmember Wachter suggested five years. Community Development Director Reichert asked about the list of conditional uses and Councilmember Awada indicated she has no problem with the list or anything allowed in a General Business zone. The Council consensus was to do an amendment to the land use plan to make this area Industrial. Councilmember Awada suggested the moratorium be dropped and let these businesses know they need a conditional use permit before any building permits can be Issued. Discussion followed. PROJECT 680, CLIFF ROAD UPGRADE FROM CHES MAR DRIVE TO LEXINGTON AVENUE Director of Public Works Colbert explained that Dakota County would like to delay the first phase of this project and do both phases in 1996. He indicated he has a concern with phase 2. He doesn't feel the traffic volumes warrant spending the money on phase 2. Councilmember Hunter asked when he anticipates the traffic counts will warrant the second phase being done and Director of Public Works Colbert stated he doesn't think they ever will. He feels the first phase Is warranted, but questions whether the Cliff Road upgrade should be scheduled In 1998 when the central area Improvements are also scheduled. Councilmember Wachter stated he feels phase 1 should be done and phase 2 should be decided on later. Councilmember Awada asked about the trail and Director of Public Works Colbert responded that he thinks the county would be willing to do a trail If they knew it would be there for a number of years before it would be torn up for street Improvements. The Council consensus was to do phase 1 only. JULY 4TH FIREWORKS Administrator Hedges noted that there will not be a July 4th celebration In Eagan this year and Indicated that several Councilmembers asked about still having the fireworks display. Police Chief Geagan Indicated it Is mainly a liability issue. He noted that the fireworks operator doesn't have insurance, but was covered other years under an umbrella policy for the Uons Club. He reviewed the costs of having a fireworks display and the liability to the city. Councilmember Awada stated she doesn't feel Eagan should have a July 4th celebration. She feels Eagan should have its own celebration. Councilmember Masin disagreed, noting that they have had 10,000 people coming to the fireworks. Councilmember Hunter pointed out that there Is also an economic benefit to the city. Councilmember Awada clarified that she Is not opposed to having a celebration; however, she doesn't feel it should be on July 4th. Mayor Egan stated he would like to see another event, but still thinks there could be a nice celebration on the 4th of July. EAGAN SPECIAL CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 3 Councilmember Wachter stated he feels there should be a July 4th fireworks display. Mayor Egan concurred. Administrator Hedges indicated that the issue is liability and reviewed the types of fireworks and associated costs. He noted that if the Council decides to have the fireworks, a budget needs to be determined; a site needs to be found and the fireworks need to be ordered; and public relations for the event needs to be planned. He noted that time Is of the essence because the fireworks need to be ordered in the next ten days. Police Chief Geagan noted that planning for the crowds is another Issues that needs to be worked out. Councilmember Masin suggested Sky Hill Park as the location and Mayor Egan concurred. Parks and Recreation Director Vraa noted that there Is a lot of parking available at that location and the topography Is good for viewing the fireworks. There is a concern, however, about people crossing Highway 13. Council member Wachter stated he favors more aerial fireworks than ground fireworks. Councilmember Hunter suggested that the Uons Club, Rotary Club, and the Convention and Visitors Bureau be contacted as funding sources for this event. The amount of money to be spent on the fireworks was discussed and Councilmember Hunter suggested $10,000 as an amount. Councilmembers concurred. The meeting then recessed to hold the regular Council meeting, and reconvened at 11:10 p.m., following the Council meeting. Community Development Director Reichert gave an update on the Central Area Plan and received direction from the Council on several Issues. Councilmember Awada gave an update on the status of the Caponi Art Park discussions. Several suggestions were made relative to changes In the letter to Tony Caponi. The meeting adjourned at 11:30 p.m. May 3, 1995 Date City Clerk