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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