07/22/1980 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING CO?2,JISSION
EAGAN, MINNESOTA
JULY 22, 1980
A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday,
July 22, 1980, at 7 p.m. at the City Hall. Those present were Chairman Harrison
and Members Bohne, Krob, Wilkins and Roszak.
AGENDA .
A motion was made and seconded, all members voting in favor, to approve the
agenda as distributed with the addition covering review and discussion relating to the
proposed Metropolitan Guidelines covering the amendments to municipal comprehensive
plans and also consideration of appointment of Planning Commission Members to the
Eagan Advisory Cable TV committee.
MINUTES
It was noted that the July 8, 1980, minutes had not been distributed to Planning
Commission Members.
L S F ADDITION PRELIMINARY PLAT AND REZONING
The Chairman then convened the public hearing that had been continued from
July 8 concerning the application of.Ralph Linvill for approval of the preliminary
plat of proposed L 6 F Addition and rezoning from Flood Plain District to Light
Industrial covering the parcel of property at the northwest corner of the railroad
right-of-way and Cedar Avenue. The property is owned by the Harold Feyen estate
and Mr. and Mrs. James Kennealy. Mr. and Mrs. Kennealy were present as was David
Grannis III, attorney for the Feyen estate. Mr. Ralph Wagner explained the proposal
for the applicant and Mr. Linvill was also present. Mr. Wagner indicated there were
no objections to the recommendations of the City Planner, that the peat would be
removed up to 14 feet and stored on the property and that pilings would be installed
for the proposed warehouse building. Mr. Linvill indicated the EAW had been sub-
mitted to the staff and Mr. Runkle indicated that all information had been in but
that the staff had not had time to complete the review. In addition, he indicated
that a number of state and federalagencies will be reviewing it and will be making
comments on the EAW. There was discussion concerning whether Flood Plain Ordinance No.
61 applied and the applicant had proceeded under Ordinance No. 52 to rezone the pro-
perty. Mr..Linvill indicated that he would agree that an application for building
permit would be submitted to the Planning Commission for review but not to commit to
no outside storage on the property for the future. Chairman Harrison objected to the
rezoning for the same reasons as were cited on July 8. Harrison moved, Wilkins
seconded the motion to recommend denial because of its being spot zoning, that it
will not enhance the aesthetics of the:City, that the DNR and Corps'of Engineers
have not made recommendations as to approval or.denial and also the other reasons
cited in the July 9, 1980 minutes. There was concern about the developer and owner
holding the City harmless.in'the event of any flood or water damage due to location of.
the property and Mr. Linvill agrees to such a hold harmless agreement. Those in favor
were Harrison and Wilkins. Those against were Kroh, Bohne and Roszak.
APC Minutes • •
July 22, 1980
Page Two
ca
Roszak then moved, Bohne seconded the motion to recoimond approvalof the
application to rezone from Flood Plain District to I-1. Krob, Bohne and Roszak
voted in favor and Wilkins and Harrison voted against. Roszak then :roved to recom-
mend approval of the preliminary plat, Bohne seconded the motion with the following
conditions:
1. Consideration and appio%.31 of the Minnesota River Watershed District would
be required so that the property would be excluded from the flood plain area as
determined by the Watershed District or that the applicant would then be required
to return to the Planning Commission for variance approval and compliance with
Ordinance No. 61 if required.
2. If this plan is not followed, then a detailed site plan shall be approved
by the APC and Council prior to the issuance of a building permit.
3. The parking area shall be surfaced and concrete curbing shall be provided
around the perimeter of the parking lot.
4. Any outside storage or other use than office/warehouse shall be approved.
by the City through conditional use permit.
5. Detailed grading, drainage and erosion control plans shall be submitted and
approved by City staff prior to the submission of the final plat.
6. Buffering or screening shall be provided along the west side of the truck
docks.
7.. All easements shall be dedicated as requested by the Eagan City staff.
.8. Detailed landscape plans for the entire parcel including buffering and
screening shall be provided and approved by the City. A landscape bond of at least
$2,000 shall be provided and not released until one (1) year after the landscaping
has been completed.
9. That Mn/DOT's recommendations and comments shall be acquired and that
favorable EAW be acquired and if not favorable then rezoning and preliminary plat
approval be revoked.
10. A fifty (50) foot half right of way be dedicated adjacent to Nicols Road.
11. Written authorization and approval be received from the DNR and the.Corps
of Engineers as it relates to the grading 'within the presently designated Flood
Plain.
12. Written permission be received from the MWCC for -the connection to their
trunk sanitary sewer line.
13. That a hold harmless agreement be entered into by owner and developer for
any water damage to site.
- •
July: 22, 1980
Page Three
14. That the Lower Minnesota Watershed District approve and its conditions be
complied with.
15. That a meter be supplied for metering sewer and water use and agreeing to
special assessments when utilities are available.
Krob, Bohne and Roszak voted in favor. Harrison and Wilkins voted against.
CLEARVIEW 3RD ADDITION
The next public hearing convened by Chairman Harrison concerned the application
of Joseph Peterson for preliminary plat approval of Clearview 3rd Addition. .Mr.
Peterson was present. The 2.4 acre parcel at the present time is Block 1, Lot 6,
of Clearview 1st Addition and would be subdivided into three single family lots.
There was.concern about the pond to be developed in the subdivision and no objections
from neighboring property owners. Two neighboring property owners were present and
favored the development because of its being an eyesore at the present time. It
would have a maximum 12 foot storm sewer elevation and 919 minimum basement floor
level as recommended by the staff. The staff recommended against fencing around the
pond. Krob moved, Bohne seconded the motion to recommend approval of the preliminary
plat subject to the following conditions:
1. A drainage and utility easement shall be dedicated to incorporate the
916.0 contour elevation.
2. A grading, drainage and erosion control plan must be submitted and approved
by the Engineering Division prior to final plat approval.
3. Typical 10 -foot drainage and utility easements shall be provided adjacent
to all public right-of-way and centered over common lot lines.
4. A 10 -foot drainage and utility easement centered over the existing storm
sewer outfall from Beecher Drive shall be dedicated as a part of this plat.
5. The ponding Area shall provide for 5.0 acre feet of storage capacity.
6. Minimum basement floor or walk -out elevation shall be maintained at 919.0.
Any elevation below this must be reviewed and approved by the building inspector.
7. That the seller notify buyers of lots of storm sewer elevations imposed by
the City.
All voted in favor.
APC Minutes
July 22, 1980
Page Four
GOPHER EAGAN 2nd ADDITION PRELIMINARY PLAT
c_
The public hearing convened by the Chairman next consisted of the application
of Gopher Smelting and Refining Company for preliminary plat approval of Gopher
Eagan 2nd Addition and zero setback variance for the existing building on the Chicago,
Minneapolis, St. Paul, Pacific Railroad right of way. The plant engineer appeared on
behalf of the applicant and indicated that the railroad did not object to the overlap
of the Gopher Smelting Company building on the railroad right of way. At this point,
Mr. David Bohne was excused from the meeting.
After discussion, Roszak moved, Wilkins seconded the motion to recommend approval
of the preliminary plat subject to the following conditions:
1. A 60 -foot half right of way shall be dedicated along the length of Yankee
Doodle Road bordering on the property.
2. The plat shall be subject to Dakota County Plat Commission's recommendations.
3. That the owner will waive objection to special assessments for Yankee
Doodle Road improvements being assessed by the City.
4. Ten -foot drainage and utility easements shall be dedicated adjacent to
all property lines.
5. Compliance with all applicable ordinances.
All voted in favor.
Next Roszak moved, Wilkins seconded the motion, to approve the variance for
zero setback due to the existing location of the building in relation to railroad
right of way but with the understanding that no future construction will be permitted
either for new buildings or additions within the plat that would not comply with the
setback requirements. All voted yea.
R.L. JOHNSON VARIANCE
The application and hearing concerning R. L. Johnson for variance from minimum
lot coverage of 35% to 40.7% lot coverage on the R. L. Johnson warehouse property
north of Highway #13 was next convened. Representatives of R. L. Johnson were
present and there were no objections to the application. The 64,000 square foot
addition proposed would be approximately 5.7% above the lot coverage maximum.There
is provision for an additional 100 parking spaces. Mr. Roszak indicated that there
did not appear to be any special hardship here and no,reason.to vary the ordinance
requirement'. There was discussion concerning changing lot coverage requirement under
the ordinance. Roszak moved to recommend denial for lack of hardship. The motion
died for lack of a second. Harrison moved, and Wilkins seconded the motion, to
continue the hearing until the next regular meeting in August for the staff to review
the 35% lot coverage issue and to report back its recommendations to the committee.
All voted yea.
APC Mlnutozi • •
July 22, 1980
Page Five
CABLE. TV ADVISORY CO>MITTF.E
i
- City Administrator Hedges explained that the City Council is now organizing
a Cable TV Advisory Committee consisting of the Councilmembers, 7 lay residents
of Eagan, and two or three members of the APC are also invited to become members of
the committee. The purpose of the committee would be to determine the feasibility
of cable television and also the franchise company. Lloyd Krob and John Roszak
volunteered and the chairman will canvass other members not present to see if there
is an interest in membership.
METROPOLITAN COLNCIL PROPOSED COMPREHENSIVE PLAN A.MFNDMENTS GUIDELINES
Dale Runkle reviewed his findings to date concerning the Metropolitan Council's
proposed guidelines for amending the Comprehensive Guide and recommended numerous
changes to the twelve proposals of the Council. He noted that the Physical Develop-
ment Committee will hold a hearing on July 31 and the Planning Commission instructed
Mr. Runkle to appear on behalf of the City with certain proposed changes. Roszak
moved, Harrison seconded the motion, to instruct the staff to pursue the changes to
the guidelines as proposed by the staff and attempt to make a detailed analysis of
the proposals and contact the Metropolitan Council representatives and legislators
and keep them updated concerning developments that take place regarding the adoption
of the amendment guidelines. All voted in favor.
SPECIAL MEETING
A special meeting, originally scheduled for Tuesday, September 9, was changed
to September 10, Wednesday, at 7 p.m. at the City Hall to meet jointly with the City
Council.
The meeting adjourned at 10:00 p.m.
PHH
Dated: July 22, 1980
APC SfCRtTARY
MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING CO?2,JISSION
EAGAN, MINNESOTA
JULY 22, 1980
A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday,
July 22, 1980, at 7 p.m. at the City Hall. Those present were Chairman Harrison
and Members Bohne, Krob, Wilkins and Roszak.
AGENDA .
A motion was made and seconded, all members voting in favor, to approve the
agenda as distributed with the addition covering review and discussion relating to the
proposed Metropolitan Guidelines covering the amendments to municipal comprehensive
plans and also consideration of appointment of Planning Commission Members to the
Eagan Advisory Cable TV committee.
MINUTES
It was noted that the July 8, 1980, minutes had not been distributed to Planning
Commission Members.
L S F ADDITION PRELIMINARY PLAT AND REZONING
The Chairman then convened the public hearing that had been continued from
July 8 concerning the application of.Ralph Linvill for approval of the preliminary
plat of proposed L 6 F Addition and rezoning from Flood Plain District to Light
Industrial covering the parcel of property at the northwest corner of the railroad
right-of-way and Cedar Avenue. The property is owned by the Harold Feyen estate
and Mr. and Mrs. James Kennealy. Mr. and Mrs. Kennealy were present as was David
Grannis III, attorney for the Feyen estate. Mr. Ralph Wagner explained the proposal
for the applicant and Mr. Linvill was also present. Mr. Wagner indicated there were
no objections to the recommendations of the City Planner, that the peat would be
removed up to 14 feet and stored on the property and that pilings would be installed
for the proposed warehouse building. Mr. Linvill indicated the EAW had been sub-
mitted to the staff and Mr. Runkle indicated that all information had been in but
that the staff had not had time to complete the review. In addition, he indicated
that a number of state and federalagencies will be reviewing it and will be making
comments on the EAW. There was discussion concerning whether Flood Plain Ordinance No.
61 applied and the applicant had proceeded under Ordinance No. 52 to rezone the pro-
perty. Mr..Linvill indicated that he would agree that an application for building
permit would be submitted to the Planning Commission for review but not to commit to
no outside storage on the property for the future. Chairman Harrison objected to the
rezoning for the same reasons as were cited on July 8. Harrison moved, Wilkins
seconded the motion to recommend denial because of its being spot zoning, that it
will not enhance the aesthetics of the:City, that the DNR and Corps'of Engineers
have not made recommendations as to approval or.denial and also the other reasons
cited in the July 9, 1980 minutes. There was concern about the developer and owner
holding the City harmless.in'the event of any flood or water damage due to location of.
the property and Mr. Linvill agrees to such a hold harmless agreement. Those in favor
were Harrison and Wilkins. Those against were Kroh, Bohne and Roszak.
APC Minutes • •
July 22, 1980
Page Two
ca
Roszak then moved, Bohne seconded the motion to recoimond approvalof the
application to rezone from Flood Plain District to I-1. Krob, Bohne and Roszak
voted in favor and Wilkins and Harrison voted against. Roszak then :roved to recom-
mend approval of the preliminary plat, Bohne seconded the motion with the following
conditions:
1. Consideration and appio%.31 of the Minnesota River Watershed District would
be required so that the property would be excluded from the flood plain area as
determined by the Watershed District or that the applicant would then be required
to return to the Planning Commission for variance approval and compliance with
Ordinance No. 61 if required.
2. If this plan is not followed, then a detailed site plan shall be approved
by the APC and Council prior to the issuance of a building permit.
3. The parking area shall be surfaced and concrete curbing shall be provided
around the perimeter of the parking lot.
4. Any outside storage or other use than office/warehouse shall be approved.
by the City through conditional use permit.
5. Detailed grading, drainage and erosion control plans shall be submitted and
approved by City staff prior to the submission of the final plat.
6. Buffering or screening shall be provided along the west side of the truck
docks.
7.. All easements shall be dedicated as requested by the Eagan City staff.
.8. Detailed landscape plans for the entire parcel including buffering and
screening shall be provided and approved by the City. A landscape bond of at least
$2,000 shall be provided and not released until one (1) year after the landscaping
has been completed.
9. That Mn/DOT's recommendations and comments shall be acquired and that
favorable EAW be acquired and if not favorable then rezoning and preliminary plat
approval be revoked.
10. A fifty (50) foot half right of way be dedicated adjacent to Nicols Road.
11. Written authorization and approval be received from the DNR and the.Corps
of Engineers as it relates to the grading 'within the presently designated Flood
Plain.
12. Written permission be received from the MWCC for -the connection to their
trunk sanitary sewer line.
13. That a hold harmless agreement be entered into by owner and developer for
any water damage to site.
- •
July: 22, 1980
Page Three
14. That the Lower Minnesota Watershed District approve and its conditions be
complied with.
15. That a meter be supplied for metering sewer and water use and agreeing to
special assessments when utilities are available.
Krob, Bohne and Roszak voted in favor. Harrison and Wilkins voted against.
CLEARVIEW 3RD ADDITION
The next public hearing convened by Chairman Harrison concerned the application
of Joseph Peterson for preliminary plat approval of Clearview 3rd Addition. .Mr.
Peterson was present. The 2.4 acre parcel at the present time is Block 1, Lot 6,
of Clearview 1st Addition and would be subdivided into three single family lots.
There was.concern about the pond to be developed in the subdivision and no objections
from neighboring property owners. Two neighboring property owners were present and
favored the development because of its being an eyesore at the present time. It
would have a maximum 12 foot storm sewer elevation and 919 minimum basement floor
level as recommended by the staff. The staff recommended against fencing around the
pond. Krob moved, Bohne seconded the motion to recommend approval of the preliminary
plat subject to the following conditions:
1. A drainage and utility easement shall be dedicated to incorporate the
916.0 contour elevation.
2. A grading, drainage and erosion control plan must be submitted and approved
by the Engineering Division prior to final plat approval.
3. Typical 10 -foot drainage and utility easements shall be provided adjacent
to all public right-of-way and centered over common lot lines.
4. A 10 -foot drainage and utility easement centered over the existing storm
sewer outfall from Beecher Drive shall be dedicated as a part of this plat.
5. The ponding Area shall provide for 5.0 acre feet of storage capacity.
6. Minimum basement floor or walk -out elevation shall be maintained at 919.0.
Any elevation below this must be reviewed and approved by the building inspector.
7. That the seller notify buyers of lots of storm sewer elevations imposed by
the City.
All voted in favor.
APC Minutes
July 22, 1980
Page Four
GOPHER EAGAN 2nd ADDITION PRELIMINARY PLAT
c_
The public hearing convened by the Chairman next consisted of the application
of Gopher Smelting and Refining Company for preliminary plat approval of Gopher
Eagan 2nd Addition and zero setback variance for the existing building on the Chicago,
Minneapolis, St. Paul, Pacific Railroad right of way. The plant engineer appeared on
behalf of the applicant and indicated that the railroad did not object to the overlap
of the Gopher Smelting Company building on the railroad right of way. At this point,
Mr. David Bohne was excused from the meeting.
After discussion, Roszak moved, Wilkins seconded the motion to recommend approval
of the preliminary plat subject to the following conditions:
1. A 60 -foot half right of way shall be dedicated along the length of Yankee
Doodle Road bordering on the property.
2. The plat shall be subject to Dakota County Plat Commission's recommendations.
3. That the owner will waive objection to special assessments for Yankee
Doodle Road improvements being assessed by the City.
4. Ten -foot drainage and utility easements shall be dedicated adjacent to
all property lines.
5. Compliance with all applicable ordinances.
All voted in favor.
Next Roszak moved, Wilkins seconded the motion, to approve the variance for
zero setback due to the existing location of the building in relation to railroad
right of way but with the understanding that no future construction will be permitted
either for new buildings or additions within the plat that would not comply with the
setback requirements. All voted yea.
R.L. JOHNSON VARIANCE
The application and hearing concerning R. L. Johnson for variance from minimum
lot coverage of 35% to 40.7% lot coverage on the R. L. Johnson warehouse property
north of Highway #13 was next convened. Representatives of R. L. Johnson were
present and there were no objections to the application. The 64,000 square foot
addition proposed would be approximately 5.7% above the lot coverage maximum.There
is provision for an additional 100 parking spaces. Mr. Roszak indicated that there
did not appear to be any special hardship here and no,reason.to vary the ordinance
requirement'. There was discussion concerning changing lot coverage requirement under
the ordinance. Roszak moved to recommend denial for lack of hardship. The motion
died for lack of a second. Harrison moved, and Wilkins seconded the motion, to
continue the hearing until the next regular meeting in August for the staff to review
the 35% lot coverage issue and to report back its recommendations to the committee.
All voted yea.
APC Mlnutozi • •
July 22, 1980
Page Five
CABLE. TV ADVISORY CO>MITTF.E
i
- City Administrator Hedges explained that the City Council is now organizing
a Cable TV Advisory Committee consisting of the Councilmembers, 7 lay residents
of Eagan, and two or three members of the APC are also invited to become members of
the committee. The purpose of the committee would be to determine the feasibility
of cable television and also the franchise company. Lloyd Krob and John Roszak
volunteered and the chairman will canvass other members not present to see if there
is an interest in membership.
METROPOLITAN COLNCIL PROPOSED COMPREHENSIVE PLAN A.MFNDMENTS GUIDELINES
Dale Runkle reviewed his findings to date concerning the Metropolitan Council's
proposed guidelines for amending the Comprehensive Guide and recommended numerous
changes to the twelve proposals of the Council. He noted that the Physical Develop-
ment Committee will hold a hearing on July 31 and the Planning Commission instructed
Mr. Runkle to appear on behalf of the City with certain proposed changes. Roszak
moved, Harrison seconded the motion, to instruct the staff to pursue the changes to
the guidelines as proposed by the staff and attempt to make a detailed analysis of
the proposals and contact the Metropolitan Council representatives and legislators
and keep them updated concerning developments that take place regarding the adoption
of the amendment guidelines. All voted in favor.
SPECIAL MEETING
A special meeting, originally scheduled for Tuesday, September 9, was changed
to September 10, Wednesday, at 7 p.m. at the City Hall to meet jointly with the City
Council.
The meeting adjourned at 10:00 p.m.
PHH
Dated: July 22, 1980
APC SfCRtTARY