09/14/1999 - City Council Special
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MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
September 14, 1999
A special meeting of the Eagan City Council was held on Tuesday, September 14, 1999
at 7:00 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken,
Blomquist, Carlson and Masin. Also present were Senior Planner Mike Ridley, Special Planning
Consultant Julie Farnham and City Administrator Hedges.
AGENDA
Mayor Awada asked if there were any additions to the agenda. City Administrator Hedges
stated that he would like to add one item regarding a request for a letter of support for a T21 grant for the
future construction of a transit station in the Greater Cedarvale Area. In a motion by Councilmember
Bakken, seconded by Councilmember Blomquist with all members voting aye, the agenda for the
September 14, 1999 Special City Council meeting as amended to discuss preparation of a letter in support
of the T21 grant application by Dakota County was approved.
T21 GRANT FOR FUTURE TRANSIT OPERATIONS/CEDARVALE AREA
City Administrator Hedges stated that a request was made by Dakota County for a letter
of support for a T21 grant application that would provide funding assistance to construct a transit station in
the Greater Cedarvale Area. He further stated that this request was made today and a similar letter is
being requested from the MVTA. After a brief discussion and in a motion by Councilmember Masin,
seconded by Councilmember Bakken with all members voting aye, the City Administrator was directed to
send a letter of support to Dakota County as part of the T21 grant application supporting a transit station
for the Greater Cedarvale Area.
REVIEW DRAFT COMPREHENSIVE GUIDE PLAN
City Administrator Hedges distributed a letter that was faxed to the City from Meg Tilley on
behalf of her neighbors, Lilian Bratland and Irven Dahl, requesting their property remain agricultural so
they can enjoy the flexibility of keeping horses and other similar uses on their five acre parcels.
Councilmember Blomqu~st stated that she supports the request, further commenting that this action
provides the appropriate flexibility to the property owners at this time and also allows for the three parcels
to work together for a joint development proposal in the future if that is their desire. City Counci/members
concurred with the request and so noted that change for the comprehensive guide plan document.
Councilmember Carlson thanked the City Council for the opportunity to meet and review
the comprehensive guide plan stating that the major issue is to have some clarification and a good
understanding of non-conforming uses and the parcels that will be affected as a result of the adoption of
the comprehensive guide plan document. She further distributed a worksheet containing various issues
she thought would be appropriate for the non-conforming use discussion.
Councilmember Carlson requested a clarification and suggestion that when the City
sends out a notification for a change in a comprehensive guide plan designation that they had received the
same 350 foot notification that a proposed zoning change would require. Consultant Planner Farnham
stated that the notification process is consistent and the City Code does provide language for the 350 foot
notification process whether there is a change requested to a comprehensive guide plan designation or a
zoning classification. Councilmember Blomquist stated that it was her understanding that the City has
always practiced the same notification process for a change in the rezonihg or comprehensive guide plan
designation.
Councilmember Carlson raised a concern about the non-conforming use ordinance,
stating that it is important that property owners be given an opportunity to live on their property and secure
home improvement loans and make other improvements if the zoning and comprehensive guide plan is to
be non-conforming or the City should consider making all properties conforming with the zoning ordinance
and comprehensive guide plan. She further stated that she has no preference in how to provide policy as
long as it is consistent. She again stated that the need to repair buildings or provide minor improvements
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September 14, 1999
to both residential and commercial buildings is essential to a property owner while their property is
identified as non-conforming. Councilmember Bakken stated that from a City enforcement point of view,
comparable replacement would be a suggested guideline. He would not be a proponent of changing the
use to make the comp guide and zoning compatible. He further stated that this would defeat the long-
range planning efforts the City is trying to accomplish with the comprehensive guide plan document.
Consultant Planner Farnham suggested that language be added to the comprehensive guide plan that
would allow property owners to make certain modifications to their property while they are non-conforming.
Mayor Awada stated that there are only about six properties that remain at issue as to
how the Council will designate a land use classification. She stated that the plan is to take action at the
September 21 regular City Council meeting to submit the comprehensive guide plan to the Metropolitan
Council for the 60 day review process and further to take action designating a land use classification for
each of the six properties that remain in question.
Councilmember Bakken stated that the City of Apple Valley is offering two land use
designations on parcels that are currently zoned agricultural. It is apparent that some flexibility is in the
best interest of the property owner and the City regarding the comprehensive guide plan designation at
this time. Consultant Planner Farnham explained the intent of why the language is written as it appears in
the land use guide policy section regarding non-conforming and also provided an explanation for those
properties that are designated and described as containing a transitional use. She further provided
guidance on how the comprehensive guide plan can be modified, especially in those areas that are
designated as special area on the map. Councilmember Masin stated that the comprehensive guide plan
has taken away the visionary possibilities and she would support giving current property owners no
constraints until they dispose of their property.
Mayor Awada stated that there are only six parcels that fit as transitional or non-
conforming, identifying the parcels as the Schaaf, Richfield Blacktop, Weierke property, Neisius and
Kaufman properties on Trunk Highway 3. Senior Planner Ridley referred to all six parcels. He further
clarified that each of those transitional properties would have a different classification between the
comprehensive guide plan and zoning; however, they would not be considered non-conforming.
Senior Planner Ridley requested clarification from the Council regarding whether or not
existing non-conforming uses should be labeled as transitional. The consensus of the Council was that
any existing non-conforming use shall remain non-conforming.
Further discussion occurred regarding adding language to the Implementation Section
prohibiting expansion of transitional uses; however, provisions would be made to allow some modifications
and improvements while they are designated transitional.
Discussion also occurred regarding the necessity to update Chapter 11 (Zoning) in
response to the Comprehensive Guide Plan update. The Council gave direction that the non-conforming
use ordinance needed to be included as part of the update and that that portion of the chapter should be
given priority.
Councilmembers further discussed the need for some consideration and designation of
properties whereby the City should seek the right of first refusal, especially those properties that have a
future parkland dedication potential. Direction was given to have the Director of Parks & Recreation check
with the City Attorney's office and discuss the legality for identifying a first right of refusal with certain
properties and further that the Director of Parks & Recreation look at all properties adjacent to City and
County parkland and determine whether a first right of refusal would be appropriate.
Councilmember Masin raised a question regarding adequate transit locations within the
City. She stated that there are no sites identified for additional transit locations other than Cedarvale. It
was suggested by the Council that the City work with the MVT A to study possible sites for future park and
ride facilities.
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September 14,1999
ADJOURNMENT
There being no additional business. the meeting was adjoumed at approximatel 9:00 p.m.
September 14, 1999
Date
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