and welcome it is 6 30 on Monday June the 26 2023. I called to order this meeting of the Burnsville Planning Commission tonight's Planning Commission meeting is being held both in person and online via Zoom as chair will be leading the Planning Commission meeting and the public is welcome to participate when required throughout the meeting members of the public May attend the meeting both in person or online via Zoom additional instructions on how to participate are located on our City's website which is at burnsvillemn.gov on the public meeting calendar as usual tonight's meeting is also being available for viewing on bctv as long along with the city's website if you're unable to participate tonight and have like to submit public testimony I encourage you to either email staff or send us a mail through to City Hall you may participate in tonight's meeting by going online to zoom.us slash join type in a meeting ID 874-7059-4557 once logged into the meeting please use the chat feature to tell the moderator which item you like to speak to there's only one so that makes it that much easier for you um If you experience audio problems you can back out of zoom and come back in that usually fixes the issue you can also participate by calling in to our hotline at 651-372-8299 again you'd use meeting ID 874-7059-4557 for each public hearing I will open up a time on callers may speak to that item you'll be on mutant until then and when that time comes you dialed star six and again you would speak with a moderator just be aware that there is a slight delay between what your computer process is and what the phone process is so if you you have something on in the background please turn it down so it doesn't cause that Echo effect with that I would like to transition onto the agenda Commissioners you should have received an agenda in your packet on Thursday any changes to the agenda CNN staff any changes to the agenda no changes no changes with that I would look for a motion for the agenda commissioner Anderson I move that we approve the agenda a motion to approve the agendas made by commissioner Anderson do I have a second commissioner Awad I will second the motion second by commissioner Awad all in favor please signify by saying aye aye unanimous uh we also received meeting minutes from our most recent meeting which was May or not June 12th and that should also been in your packet hopefully you guys had a chance to read through it any changes to those meeting minutes none from the commissioner's staff no changes no changes I would look for a motion on the meeting minutes commissioner Braddock motion to approve the minutes motion made by commissioner Braddock do I have a second commissioner Timmerman second by commissioner Timmerman all in favor please signify by saying aye aye and the motion passes number three on our agenda we have a public hearing it's an application of Clear Channel outdoor LLC for a zoning ordinance amendment to modify the text of title 10-30-9 which is Billboards to allow electronic the dynamic display on two sides of the billboard sign here to speak on this issue is Deb Garros our city planner miss geros the floor is yours thank you Commissioners we do have the applicant here this evening that can address the commission as well with this we are looking at a public hearing for a zoning ordinance Amendment to the sign regulations the the background for this is this is related to Billboards the city of Burnsville has regulated Billboards since it's Inception and probably before and even in Township days so they have looked at this ordinance many times over the years the most substantial regulations relating to Billboards probably occurred in 2012 and we provided that background information for the Commissioners basically what the applicant is requesting is to modify that language again and the current ordinance allows these Dynamic display on one side of a billboard they're requesting to change the ordinance to allow it on both sides of the billboard with that the current ordinance and this will continue does allow for the addition of a dynamic display provided that another sign face billboard sign face is removed elsewhere within the city and um the this application will continue to allow for the public service announcements like the city currently has and the architectural standards of the ordinance were changed in 2012 and the applicants two signs really are the most current applications we have so in terms of the inventory back in 1988 we had 23 Billboards I changed this a little bit as of the other 22 and currently we have eight Billboards in the city and three of those existing Billboards are um by either Court settlement or the agreement with property owners scheduled to go away this year living five billboards and the applicant has a billboard on the top that would be the northernmost billboard on I-35 and on the map it's listed as Clear Channel it's billboard number one number two is a different company that's the South uh South sign on the Kramer property and then there is another one that's identified as number three which is actually on the east side of I-35 and then um number four on the map is the other uh Clear Channel sign and then just the other signs that are within the city the top one is for number five that's on the edge of the city limits with Savage and then the bottom one is on Highway 13 and that's identified as number six on the map and in the future if this amendment is approved the applicant would propose to take down this side which Has Two Faces in order to allow them to modify the existing two signs to add a new Dynamic display on each of those two signs and these are two signs that will be going away this year they're up by the um County Road 42 and 35 and these will be going away by agreements by the end of this year so the ordinance itself is pretty simple we're just modifying the language of one provision to allow these to be on two sides of a billboard structure as opposed to one this first came to us in 2012 these types of signs were relatively new technology and in doing the review and the research the city decided to allow them on the one side since that time I mean these you see these all over the place in the Twin Cities area we don't have any residential areas adjacent to these so don't anticipate any issues regarding being able to let the other side be dynamic display as well so with this the recommendation from staff is to recommend approval of the ordinance there is one condition that is identified and that is that on both of these signs uh currently there's the city of Burnsville logo and I believe the city is in the process of looking at some rebranding and has requested the applicant to see if they could remove those signs the applicant has looked at it and indicated that they can do so so we are recommending approval and I can stand for questions thank you Miss Garros thank you Commissioners any questions for City staff what's the reason for having the swap out on the Billboards you said it's going to remove too yeah basically um the city ever since we started with regulations has been looking to remove as many Billboards as possible so that's kind of the the uh the way that the ordinance was written initially so if you take one sign face down of a regular um billboard you can then add an automatic display billboard on that side so that's really the rationale behind that interesting and very interesting believe it or not I remember so I started with the economic development cushion back in 2012 and it was when this first came up and they talked about electronic Billboards and it just no idea what they were talking about I was like not there's no such thing what the heck and now you see them all the time like you said so well that's great well see and there is no questions for City staff it is a public hearing so at 8 39 I would like to open up that public hearing anyone who is on Zoom may let the moderator know that they're here to speak on this issue otherwise anybody else that is in the room may also step up and um speak to the issue as well and I know the applicant Matthew wheland is here to speak on this and if you would like to come up to the podium again if you can state your name and address for the record we'd really appreciate it thank you good evening chair Planning Commission my name is Matthew Allen with Clear Channel outdoor we address that at 3225 Spring Street in Minneapolis um it's my pleasure to be here it was just about 11 years ago was the last time I was in front of this body requesting their sign ordinance change to permit the digital Dynamic digital signs that we have now those got installed in 2013. we've been running them you know safely and consistently since then so it's my pleasure to be here tonight requesting the Slate modification ordinance certainly want to thank your staff first Deb's been really good to work with I mean certainly appreciate your consideration of this quest uh Dynamic digital Billboards really is the next evolution in our business like you said back in 2012 the first ones we put in the market were back in 2006 in Minnetonka so since then I just put my 78th and 79th up in Columbus Way north of the city so we have almost 80 operating in the Twin Cities now the reason we want to see them you know it's we understand consolidating Billboards I'm a former city planner and I want to see them in the right places you know as an industry we don't like taking down things I can't replace but it makes sense in that we're removing signs of 13 we can replace those on 35 digital Billboards do allow us more give us more opportunities for local opportunities local advertisers or local businesses to advertise because it's like there's eight faces on it so it is a reasonable trade-off and we think it's it's a good win-win for both parties not only does it allow flexibility for our advertisers messaging I mean they can have they can change their message all day there's more opportunities for local business advertises and it also allows us to further our commitment to the cities we operate in we do provide that public service is there a way I can show a document says Place document [Laughter] oh look at that and does it zoom out I'll move around I just want to show some examples but the other amazing thing about Susie's now is they have Communications Department in most cities that we do this in your city is a real good example of utilizing the public service and they actually designed their own creative I mean it's complicated for me I know it's not totally that complicated but this is some recent examples of PSA we ran for the city but they do a really good job of using it in in like I said they design their own creative um yeah but with that being said the other thing I'll point out is most cities we operate in do permit digital signs on both on both faces I I do believe that the time like Deb said cities we're still trying to figure out the technology and wanted to make sure they're in the right places but you know the other Dakota County neighbors you have um Egan and West St Paul and River Grove Heights Minneapolis they all permit digitals on both sides it's more about them being inappropriate at locations but with that I'm available for questions and I think for your consideration thank you as well and you did a great job and kind of hooking us in by telling us all the neighbors that use the double-sided so now we feel like we've got to keep up with the Joneses any questions for the applicant commissioners commissioner Timmerman uh thank you for being here I think it's great it's nice to see Pastor John on the uh on the screen here um I think that it makes sense I mean just it's the the new technology it's not new anymore but it I mean it's a slam dunk I I don't know what we really need to talk about but um I think that one of the questions that I had for you is the city cannot statutorily regulate content on the Billboards does your organization have a Content plan to ensure that the information is reasonably appropriate um excellent question commissioner yes I mean we it's a fine line for cities and ourselves with First Amendment rights and that's one of the things our business exists on but as a private company we do have content regulation and that's one of the I'm the vice president real estate and public affairs so when ads get a little edgy is when I look at them with our president and if we feel I mean we'll never put up stuff that's not factual or or inappropriate all that stuff we can monitor as a private company we can tell advertisers know so we do take that very seriously on what we do put up on our boards I appreciate that I mean I I agree I think it's a fine line you don't want to infringe on any organizations or individuals First Amendment rights at the same time you're in the driver's seat to be able to to have a say in that whereas unfortunately we aren't so I appreciate that thank you great question uh just one note for the Commissioners there is a separate um I'm not sure what it's called but there's a separate agreement that the city has with um with the applicant on that talks more about you know the how often to be advertised in some of those types of things so that is something that has done administratively through staff correct the public the public server we have a public service agreement that talks about when we put up these ads yes I can questions for the applicant commissioners so on the you said eight sides so is it four and four I'm sorry there's eight flips per board so they they rotate every eight seconds so there's eight slots so it's like having that's an opportunity for eight different advertisers to to be on that board then and so the location of the Billboards now are on the west side of 35W so it would the front side would be looking at the southbound well depending what you call the front right but uh it is on that far side so are you turning the Billboards or how is that nope it's just the I'm trying to visualize it pull out the drawing hold on a second I'm a visual person oh that's good and they had it up coffee it's the way I do this sorry you're okay um actually it's better if I just find a different picture here we go yeah so this is that first billboard coming into town in the north this is the digital side right now it's just the back face of it it's currently up which is the is this picture right here oh okay I thought you were going to flip it over and be on the back side no sorry so it's it's right here okay so it this is it's just what we call our printed product now and it just that's what just gets converted so yeah everything stays the same and really the the way we operate them is we don't want them to look much different than a printed billboard and they just they rotate every eight seconds it's instantaneous it's hard to even notice they move and unless you're staring at it or it goes from light to dark but we do want them to operate um just like us we don't want to look much different right safety and all that stuff yeah absolutely it looks like a great product and to be able to use the city uh signals or Communications is great as well commissioner white I think has something to say yeah so why uh eight what's the Y8 I mean under eight seconds I understand but but you're saying it's only eight ads per panel is that right correct they I mean there's eight we call them eight slots yeah I mean you could have 200 slots or well I mean it's just the business model I mean it rusts out to a minute and the reason we get to eight seconds I think the federal government actually allows six but when they they did a federal government did a independent study in the Federal Highway Administration and they came up with a study that driving about 60 miles an hour you probably only see one face every eight seconds so you probably only see one to begin with so that's where the eight seconds comes in on when they change and it's just our business model yeah but it's it's there's a lot of flexibility in it you can buy a day you could buy a week you could buy a month yeah um it just it allows a lot of flexibility thank you really interesting well thank you so much for coming and speaking on the issue and we appreciate you guys doing business here in Burnsville and helping us out my pleasure thank you for your time and seeing that there is nobody online and nobody else is in our Chambers here I am going to close the public hearing at 6 49. and I'm going to turn to my fellow Commissioners and ask hey what are we what are we saying kids commissioner Anderson I'm actually kind of curious about one thing um we had mentioned that the location especially for that one that we're looking at is not near any residential zones if the Quarry area or anything like that ever got developed is that ever would that be too close to that by our what the city wants or no I'm just curious hey um the owner of the Quarry is familiar with this and with the signs and kind of the feeling would be is at the time of development when something's actually going to be built out there at that point in time the billboard would likely come down so that something else could be developed on that property the um that is not likely to happen for many decades so there will be lots of time for these signs I think that the city would take a look at it it depends on the zoning currently the ordinance allows these signs in industrial zoning districts I won an I2 so the basic area is pretty much along 35 perfect thank you Mr Awad I would like to make a motion unless anybody else has comments or questions does anybody have something to say no commissioner why the floor is yours okay so I move that we recommend to the city council approval of the proposed ordinance Amendment as drafted subject to the following condition number one the city logo signs on Billboard structures one and four shall be removed well I have a motion do I have a second commissioner Anderson I'll second that second by commissioner Anderson so all in favor please signify by saying aye aye and that passes it looks like you will be on the consent agenda for our July 18th city council meeting at 5 30 right here in City Hall in these City Chambers thank you for joining us Mr Whelan thank you guys have a great enjoy your fourth of July holiday you too great Fourth of July and with that I am going to go to the next item on our agenda which is updates Commissioners any updates for the also the council Commission council's watching no updates staff any updates both of the projects that Planning Commission recommended for approval um didn't make any changes to the conditions so that would be the diffley 13 project and also the Cub 42 project and uh I did receive some information apparently the concept plan for the Eagan site they have a comprehensive plan Amendment and I believe that will be tomorrow night on their agenda if you want to kind of see what's proposed or what's the concept is yeah other than that that's all I have great thank you Mr girls the update I have is obviously this is the end of our fiscal year that as in July we'll be changing over again having new elections for chair et cetera et cetera I just want to extend gratitude for all the work that you guys done over the past year you guys do a really good job ask all the sufficient questions do everything very well and I appreciate the work that you're doing Council does too they do have one item that they want to ensure that we do meet our 75 percent attendance it's very important to them that because there's all kinds of people that would like to be on these commissions and that's very important I did get a chance to speak to the mayor before it came out tonight and she wants to extend her gratitude and tell you how well great of a job you guys are doing here and are asking the right questions and getting the job done for them and she says you can see that because when you look at these items that go on the consent agenda nobody wants to pull off because we've done all the work and did all the clearing of that so that shows what a great job we're doing and she appreciates everything that everybody does here and I want to extend that as well and I also appreciate the work the staff does and you guys do an excellent job putting things together and getting us our information as soon as we can and appreciate that throughout the year but that that's all I have to say and that's the end of updates which brings us to our last item on the agenda which is adjournment commissioner Braddock I'm a motion by commissioner Braddock to joined the meeting do I have a second why commissioner Awad I'll second the motion second by commissioner wad do I have a oh let's do a vote all in favor please signify by saying aye aye unanimous with that we'll um call it there have a great night