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10/21/1980 - City Council Regular (2) t AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL OCTOBER 21, 1980 7:00 P.M. 1. 7:00 - ROLL CALL AND PLEDGE OF ALLEGIANCE i II. ADOPT AGENDA AND APPROVAL OF MINUTES III. CONSENT ITEMS Q~ A. Award Bid for Imp. 80-7 - Windcrest Utilities `••1l B. Award Bid for Imp. 80-24 - Ridggcliffe First Addition Utilities Q 5 C. Final Plat for Ches Mar East Third Addition IV. PUBLIC HEARINGS A. Project #182 (Revised) for Storm Sewer Pond Outlet Near State p. T.H. 55 (Continued from the September 16, 1980 City Council Meeting) V. DEPARTMENT HEAD BUSINESS Fire Department 1 C. Park Department ~ Q \J B. Police Department 2\d. Public Works Department Q Q VI. •J\JAKE O'TOOLE - COUNTY TAX ABATEMENTS e VII. OLD BUSINESS 25 A. Petition for Lexington Avenue (County Road 43) Extension •tiIS B. Petition for completion of Wilderness Run Road from Lexington Q Avenue to Dodd Road 3 C. Appointment of Sign Committee Q.$\D. Assessment Committee - Erik Erikstrup i } 7 i ' EAGAN CITY COUNCIL AGENDA OCTOBER 21, 1980 PAGE TWO VIII. NEW BUSINESS 3IA. Drug Paraphernalia Ordinance OB. Lexington Standard Corporation for Conditional Use Permit for Outside Storage and Preliminary Plat Approval for Lot 6, Eagandale Center Industrial Park No. 2, Section 2. Q,4OC. Bar-ett Construction for an Amendment to the Duckwood Trail Planned Development Agreement and Revised Preliminary Plat Approval (Duckwood Trail) for Outlots A, B and C, Duckwood Trail, Section 15 Q.Sd D. Bar-ett Construction for annual review for Duckwood Trail Planned Development located in the NEk, Section 15. Q 50E, Zachman Homes, Inc., for Waiver of Plat to subdivide 17 Twin Home Lots for Individual Ownership, located in the Cedar Cliff Addition, Section 30 sq F. Vasco Bernarde and Jim Foley for Conditional Use Permit for Q On Sale 3.2 Beer and Wine License located on Lot 1, Block 1, Bay #17, Eagan Metro Center, Section 17 p.63 G. Vasco Bernarde and Jim Foley for Beer License for 1985 Silver Bell Road p b~ H. Mediterranean Cruise Restaurant - Hussein Ansari for Conditional Use Permit for 3.2 Beer and Wine License, for a Pylon Sign and for a Cigarette, On-.Sale Wine and Beer Licenses for Lot 5, Block 1, Barton McGray Addition, Section 19 (3945 Sibley Memorial Highway) .~~.I. Alan E. Rodgers for a Variance to Exceed the Lot Coverage for the R-1, Residential Single District, located at 2068 Opal Drive, Section 19 J. Robert S. Fitzgerald for a 3-foot Side Setback Variance located on Lot 11, Block 6, Cedar Grove #4, Section 30 7q K. Paul Griebel for Wind Generator Permit, located at 1636 Walnut Q' Lane IX' OTHER BUSINESS 2 A. William F. Brandt for Final Plat Approval of Cedarview Addition Q gN B. U.S. Home Corporation for Final Plat Approval of Ridgecliffe Fourth and Fifth Additions Q.$7 C. Final Plat Approval of Eagandale Center First Addition D. Wend Ordinance l q4 E. Asphalt Permit Revision/Barton Enterprises, Inc. p qq.F. T.H. 149 (Blue Gentian Road to T.H.55) Proposed Upgrading ~`f7 G. Project 223, Galaxie Avenue Atreet & Utility Imps. X. VISITORS TO BE HEARD (For Those Persons Not on the Agenda) XL. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 17, 1980 SUBJECT: AGENDA INFORMATION After approval of the October 7, 1980 regular City Council minutes and the October 21, 1980 City Council agenda, the following items are in order for consideration: • There are three (3) items on the agenda referred to as Consent Items requiring one (1) motion by the :City Council. If there is any item which the City Council would like to discuss in further detail, that item should be removed from the Consent Agenda and placed under Other Business unless the discussion required is brief, This will allow the Mayor to proceed with the Public Hearings as legally noticed at 7:00 p.m. IMP. 80-7 FOR BID AWARD A. Award Bid for Imp. 80-7 for Windcrest Utilities Imp. 80- 7 consists of utility improvements for the development of the Wind- crest, Windtree and Duckwood Trail additions. At 3:00 p.m. on October 10, 1980, the City received bids for Imp. 80-7. The low bid was submitted by C.. Wayne Erickson, Inc., in the amount of $229,875.20. This is in comparison to the Engineer's Estimate of $303,000, based on contract quantities. Our Consulting Engineer, Bob Rosene, will have the information comparing this low bid to the anticipated costs associated with the various feasibility reports (Project 293, 284 and 308). A copy of the bid tabulation is enclosed on 'page Z, A recommendation will be made to the City Council on Tuesday. ACTION TO BE CONSIDERED ON THE MATTER: To approve the bid submitted by the successful bidder for Imp. 80-7. l OUR FILE NO. 49187 WINDCREST ADDITION ETC. CITY IMPROVEMENT NO. 80-7 SANITARY SEWER, WATERMAIN & STORM SEWER PROJECTS 293, 284 & 308 FOR EAGAN, MINNESOTA BID TIME: 3:00 P.M.. C.D.S.T. BID DATE: Friday, Oct. 10, 1980 CONTRACTORS TOTAL BASE BID 1. C. Wayne,Erickson Inc. $229,875.20 2. Fredrickson Excavating 238,418.90 3. Fischer Construction Co., Inc. ' 248,430.50 4. Austin P. Keller Construction 1 253,833.00 5. Nodland Associates Inc. 256,316.00 6. Richard Knutson, Inc. 264,870.00 7. Hennen Construction Co. 279,847.00 8. Orfei & Sons Inc. 280,948.28 9. Brown & Cris, Inc. 292,630.20 10. Northdale Construction Co. 295,894.00 11. Parrott Construction Co. 306,012.85 12. C. W. Houle, Inc 315,591.50 13. Arcon Construction Co. 318,387.50 ENGINEERS ESTIMATE------------------- $303.000 Agenda Information Memo October 17, 1980 Page Two IMP. 80-24 FOR BID AWARD B. Award Bid for Imp. 80-24 for Ridgecliffe First Addition Utili- ties A bid opening was held at 3:00 p.m. on October 9 to provide for utility improvements to Ridgecliffe First Addition. The low bid was submitted by Tom Montgomery Construction Company in the amount of $477,216. This is well below the Engineer's Estimate of $595,000, based on contract quantities. The Consulting Engineer, Bob Rosene will have information comparing this low bid to the feasibility report for Project 314. A copy of the bid tabulation is enclosed on page T for your information.. ACTION TO BE CONSIDERED ON THE MATTER: To approve the successful bid for Imp. 80-24. 3 MR PILE NO. 49200 RIDGECLIFFE 1ST ADDITION CIT! IMPROVEKE?FT PROJECT 80-24 SANITAV SEWER, WATERMAIN b STORM SEWER PROJECT NO. 314 FOR . EAGAN, MINNESOTA DID TIME: 3:00 P.M., C.D.S.T. DID DATE: Tbursd&y, Oct. 9, 19E CONTRACTORS TOTAL BASE BID 1. Tom Montgomery Construction i $477,216.00 2. Austin P. Keller Construction 484,968.00 3. Fischer Construction Co. 492,778.00 i 4. Hennen Construction Co. 499,924.00 5. Nodland Associates, Inc. " 508,576.0' 6. Arcon Construction Co. 511,178.50 7. Fredrickson Excavating Co. 512,415.50 r - 8. Richard Knutson, Inc. 519,406.00 9. Julian M. Johnson Corp. 519,751.25 10. C. W. Houle, Inc. 528.822.00 11. North Central Underground 530,309.00 12. Winter Construction Co. (W & W) 4 531,520.00 13. Northdale Construction Co. 533,057.00 14. Orfei & Sons, Inc. 543,623.38 15. Barbarossa & Sons Inc. 555,808.00 16. Brown & Cris, Inc. 565,532.00 17. Parrott Construction Co. 577,413.80 18. Jack L. Olsen, Inc. 597,663.00 19. Lametti & Sons, Inc. NO BID 20. C. S. McCrossan, Inc. NO BID 21. Encon Utilities, Inc. NO BID 22. Progressive Contractors, Inc. NO BID ENGINEER'S ESTIMATE------------------ $ 595,000 4 - Agenda Information Memo October 17, 1980 Page Three FINAL PLAT- CHES MAR EAST THIRD ADDITION C. Extension of Time for Final Plat for Ches Mar East Third Addi- tion Mr. Dave Gabbert, representing Ches Mar Development Company, has asked for an extension of time for the platting of Ches Mar Third Addition (now referred to as the Fourth Addition). The Third Addition has now become the. Third and Fourth Addition since Che s Mar Development Company has platted seven of the twenty-one lots in the Third Addition. Mr. Gabbert has indicated that he will finalize the fourteen lots over the winter months. The extension would be in order until April of 1981. ACTION TO BE CONSIDERED ON THE MATTER: To approve an extension for'platving the remainder of the Third Addition of Ches Mar East until April, 1981. PROJECT #182 REVISED. A. Project' #182 (Revised) for Storm Sewer Pond Outlet Near State T.H. 55 This public hearing is continued from the September 16, 1980, City Council meeting. At that meeting, the City Council considered a storm sewer outlet for T.H. 55 which is Project #182 Revised. The public hearing was continued until the October 21, 1980 City Council meeting with the understanding that the staff would prepare a feasibility report discussing the required outlet for Burr Oak Pond that would be required before T.H. 55 storm sewer could be installed. This report has now been completed and will, be presented by Bob Rosene, our Consulting Engineer, at the meeting on October 21. He will discuss both the feasibility of constructing the Burr Oak Pond outlet and also the relationship to the installa- tion of the storm sewer for T.H. 55. A copy of the feasibility report as revised is enclosed on pages. through for your review. ACTION TO BE CONSIDERED ON THE MATTER: To either approve or deny the report for Project #319 (Burr Oak Pond outlet) and, if approved, consider its implications and take action pertaining to Project #182R (T.H. 55 Storm Sewer Outlet). 4u~ , ow. Glenn R. Cook. P.E. /.S J . Keith A. Gordon. P.E. Otto G. Boneitroo, P.E. Thomas E. .Noyes. P.E. O Robert W. Rosene, P.E. Richard W. Foster, P.E. loseFh C. A nderlik. P.E. Robert G. Schunicht, P.E. 2335 V 1.-i .4,9A." 36 Bradford A. Lemberg, P.E. Martin L. Sorvala, P.E. Richard E. Turner, P.E. Donald C. Burgardt. P.E. ,91. 55113 James C. Olson. P.E. Jerry A. Bourdon, P.E. PA.. 6t.2-636-4600 _ Mark A. Hanson, P.E. Steven M. Quincey 1956 - 2 1 th - 1981 Chars. A. Erickson Lea M. Pawdsky Preliminary Report on y Harlan M. or:an Storm Sewer Pond Outlets OU nnlversaDatidE.orsa^ U`b Pond GP-1 (Bur Oak Pond) and EP-1 (Eagandale Center Industrial 443 Pond) Project No. 31.9 Eagan, Minnesota October 10, 1980 SCOPE: This project covers the construction of storm sewer outlets to the pond in Bur Oak Park designated as GP-l and the pond in Eagandale Center In- dustrial Park No. 3 designated.as EP-1 on the Storm Sewer Master Plan. FEASIBILITY AND RECOMMENDATIONS: The project is feasibile and is in accor- dance with the Master Plan for Storm Sewer for the City of Eagan. For bidding purposes, it can best be carried out by dividing the project into two proi- ects, one for each pond outlet and force main project. DISCUSSION: During the hearing held on the outlet to Pond GP-2 near T.H. 55, it became apparent that the water from GP-2 would be pumped to GP-1 wh;ch is already very close to causing excessive flooding damage. With this additional water, it was felt that too much damage would occur. The City Council requested that a studv be made to consider ways of alle- viating this condition. The Storm Sewer Master Plan shows Pond GP-l to have a lift station outlet which discharges water into Pond EP-1 in the Eagandale Center Industrical Park No. 4. Excess water flows from EP-2 to Pond EP-1' in Eaganaale rPnts-r Indus- trial Park No. 1. This pond is shown to have a lift station outlet to dis- charge water to Pond FP-l which is adjacent to Inte•-state T-4014. Page 1. An outlet for Pond FP-1 is currently being considered by Mn/DOT and the City of Eagan as a joint project during the construction of Interstate High- ways I-494 and I-35E. It is currently proposed that this outlet will be a gravity tunneled outlet discharging to the Minnesota River. Construction of this outlet is anticipated to be in 1982 or 1983. Prior to the installation of this outlet, it is doubtful that any additional water could be discharged into Pond FP-1 other than normal runoff from its adjacent drainage area. This pond is currently at approximately 832. The NOHW as determined by DNR is 832.3. , Ponds EP-1 and EP-2 are interconnected. They currently are at elevation 834.5. These ponds can flood to elevation 845 without causing property damage to any existing development. A substantial number of trees, however, around each of these ponds would be under water. It is estimated that approximately 280 acre feet of water storage has been used up in these ponds during the last 10 years of industrial development in this area. The total drainage area is approximately 32% developed. The addi- tional available storage up to elevation 845 is approximately 400 acre feet or 1.4 times as much-as has been used to date by the existing industrial develop- ment. . Pond GP-1 which is the Bur Oak Park Pond is currently at elevation 814.6. The NOHW for this pond was established by DNR at 806.5. If this pond is pumped down 8.6' to elevation 806, this water would raise Pond EP-2 approxi- mately 2.8 feet. The additional storage capacity in Pond EP-1 and 2 is suf- ficient to allow this quantity of water to be pumped from Pond GP-1 four times into EP-2. At the present time, the drainage area draining directly into Pond GP-1 is estimated to be approximately 15% developed. Much of the drainage area has 7 Page 2. asl. small ponds which currently have sufficient seepage capacity so they do not overflow into Pond GP-1. Ponds GP-2 and 3 at T.H. 55 are currently at approximately elevation 810. If these ponds are lowered 5' and the water is pumped into Pond GP-l, it would cause approximately a 1.8 feet rise in Pond GP-1 based on its cu-rent eleva- tion. If it were pumped down to elevation 806, this quantity of water would cause a 2.5 foot rise in Pond GP-1. The lift station outlet to Pond GP-1 requires a 16" diameter force main installed from the pond to the west side of the Milwaukee Railroad and a 42" diameter gravity storm sewer from that point to Pond EP-2. The lift station required for ultimate development of the drainage area will have two 125 HP pumps capable of pumping approximately 5800 GPM during a peak storm condi- tion. Because the total development of the drainage area is not expected to occur for at least 20 years, it is proposed that a lift station initially be provided with two 30 HP pumps capable of pumping approximately 750 GPM each. This equipment could lower Pond GP-1 approximately 1 foot in two days. We are confident that this capacity would be adequate to prevent flooding damage for the next 10 to 15 years depending upon the rate of development in the drainage area. The installation of the force main and the gravity sanitary sewer can be accomplished across open land with relatively few obstructions. Easements will be required across five parcels of land. The lift station outlet to Pond EP-1 could not come under any circum- stances, be installed until the outlet to Pond FP-1 north of T.H. 55 has been completed. This is expected to be constructed in conjunction with I-494 Page 3. 953a and I-35E but will not be completed until 1983 or later. A lift station out- let will require the installation of approximately 4100 lineal feet of 12" diameter force main which would discharge into either an existing culvert un- der T.H. 55 or into a storm sewer to be installed by Mn/DOT during their next proposed improvement to T.H. 55. The route for this force main is proposed to be straight north from the northwest corner of the pond to T.H. 55. The force main can be installed either just within or just outside of the 50' wide N.S.P. power easement in that location. The installation of this force main will require easements from five parcels of land. The'lift station proposed for this outlet will contain two 30 HP pumps capable of pumping 1800 GPM with both pumps in operation. Because these pumps are not of excessive size, it is proposed that, when the station is built, the 30 HP pumps be installed with the initial installation. The drainage area flowing into Pond EP-1 is estimated to be approximately 32% developed at the present time. This includes the industrial development of Eagandale Center No. 3 and No. 4. Based upon the current rate of develop- ment and with consideration of the 10' of storage still available in these ponds for the flooding of developed property, it is anticipated that the lift station outlet for Pond FP-1 can be deferred indefinitely until rising water levels show it to be necessary. AREA TO BE INCLUDED: SE 1/4 Sec. 13, T27N, R23W NE 1/4 Sec. 13 SE 1/4 Sec. 12 SW 1/4 Sec. 12 NE 1/4 Sec. 12 Page 4. 953a 9 NW 1/4 Sec. 12 SE 1/4 Sec. 11 NE 1/4 Sec.. 11 NW 1/4 Sec. 11 COST ESTIMATES: The following cost estimates include construction cost plus 18% for engineering, legal, administrative and other costs appurtenant to the project: Lift Station No. 10 for Pond GP-1 with two 30 HP pumps, 1900 L.F. of 16" force main and 1000 feet of 42" R.C.P. gravity storm sewer $249,500.00 Future installation of two 125 HP pumps with control is estimated at $65,000.00 based upon 1980 costs $ 65,000.00 Lift Station No. 8 for Pond EP-1 with two 30 HP-pumps and 4150 L.F. of 12" force main $184,500.00 EASEMENTS: Easements will be required across the following property for a lift station at Pond GP-1: Parcel No. 030-52 ` z Parcel No. 010-30 Parcel No. 010-28 Parcel No. 010-29 Panel No. 011-50 Easements will be required across the following parcels for the outlet to Pond EP-1. Lot 6, Block 4 Eagandale Center Industrial Park No. 4 Lot 3, Block 2 Eagandale Center Industrial Park No. 3 Lot 10, Block 2 Eagandale Center Industrial Park No. 3 Page 5. 953a O • • Outlot B Eagandale Center Industrial Park No. 3 Parcel No. .i10-77 Parcel No. 010-76 ASSESSMENTS: Assessments are proposed to be levied against benefited property within theareas shown on the maps in this report. All the costs included in this r-port are trunk storm sewer costs and therefore will be paid for from trunk storm sewer oversizing assessments. It is proposed that a sufficient area of the drainage area be assessed to cover the cost of these trunk storm sewer improvements. Credit is to be given to those parcels which have paid either partial or full trunk storm sewer oversizing assessments in the past. Current assessment rates are as follows: Single Family ................................................$0.034/sq.ft. Multi-Family ........$0.0425/sq.ft. Commercial-Industrial .$0.051/sq.ft. REVENUE SOURCES: Revenue sources to cover the cost of this project are listed as follows: POND GP-1 OUTLET CONSTRUCTION COST ASSESSMENTS BALANCE Construction Costs $242,900.00 Cost shared by Mn/DOT $ 50,000.00 Trunk Area assessments 192,900.00 TOTAL $242,900.00 $242,900.00 $ 0.00 PROJECT SCHEDULE Present Feasibility Report October 21, 1980 Mail Notices of Hearing to Newspaper Publication of Notice in Newspaper Mail Notice of Hearing to Public Page 6. 953a Public Hearing Approve Plans and Specifications Advertise for Bids - First Publication Open Bids Award Contract Construction completion Final Assessment Hearing First Payment Due with Real Estate Taxes I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered-Professional Engineer under the laws of the State-of Minnesota. Robert W. Rosene Date October 10, 19:80 Reg. No. 3488 Approved by: z Thomas Colbert Public Works Director Date: Page 7. 953a '2.. r~ i zf f i 1 w W If v 9 4 1 Z ~ 1 lb Q ~ v r 2-7 w b~O°POOf I r , f I, lr+ Q O ~ 1~ a I ;5 Z < a4 ! H .n Q I ~ v ~ Ldp . o Q cl12 v U1 n n "o `n a I i i I I t \ ~ 0 d Q try , AT . i • Agenda Information Memo October 17, 1980 Page Four FIRE DEPARTMENT A. Fire Department There are no items to be considered for the Fire Department at this time. POLICE DEPARTMENT B. Police Department Chief of Police DesLauriers is recommending that consideration be given to the purchase of four (4) police vehicles to take advantage of existing bids received by the Henne- pin County Purchasing Program. The 1981 Budget lists an expenditure of $30,000 for the purchase of police vehicles and with the additional estimated revenues for the sale or trade in of five vehicles at approximately $1,800 per vehicle, a total of $39,000 is available for the purchase of police vehicles. If Council consideration. is given to the LTD Ford at a price of $7,738.23, an expenditure would be made in the amount of $30,952.92 for four (4) police vehicles. This would leave $8,047.08 available for. the purchase of a fifth vehicle to stay within the budget given consideration to date for 1981. Chief of Police DesLauriers has prepared a memorandum' regarding the purchase of police vehicles and has asked that support information regarding two newspaper articles be included. These are enclosed on, pages /(0 through At the request of the City Council, police ve is es which been in use by the department have been evaluated through a study prepared by Assistant Chief of Police Berthe. A copy of this study, which includes an analysis of purchase price, total mileage, gasoline expenses and maintenance expenses for each of the twelve police vehicles, is enclosed on pages 19 through ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the Chief of Police regarding the purchase of four (4) police vehicles as a part of the Hennepin County Purchasing Program. 9 Cagan Nonce Depart ent 3830 Pilot Knob Road Martin DesLauriers Chief of Polices Eagan, Minnesota 551-22 Jay M. Berthe Assistant Chief of Police 15 October 1980 J TO: Thomas L. Hedges, City Administrator FROM: Chief of Police SUBJECT: Purchase of Police Vehicles On October 2, 1980 I attended the Hennepin County Purchasing meeting. Police vehicles for 1981 were awarded to two dealers. The mid-size police package vehicle was awarded to Chrysler for the LeBaron at a price of $7,773 less $301.95 for options we do not need, leaving a total price to us of $7,471.05. The full-size police package vehicle was awarded to Ford for the LTD-S at a price of $8,233 less $494.77 for options we do not need, leaving a total price to us of $7,738.23. I would like to recommend to the City Council-that we purchase four of these vehicles through the Hennepin County Purchasing procedure. A decision on this is needed soon. Price protection for this bid is avail- able through the first week of November; a price increase is expected after that time. This purchase will be within our proposed 1981 budget. Assistant Chief Berthe has broken down our mileage, fuel costs and main- tenance costs on our present vehicles and I am attaching a copy of his report for your review.. As you will note on the breakdown on this cost sheet, squads #6 and #9 are both diesel fueled Cutlass Oldsmobiles and they are giving us good per mile cost both on maintenance and fuel con- sumption. However, due to the problems General Motors has had with the diesels (see attached copies of articles), I would like to wait and get more mileage on these vehicles before we purchase any more diesels. Also, on our X-bodied vehicles (squads #2 and #8), we have had high maintenance costs on squad #2, however, #8 has been very economical up to this point but has low mileage. I would like more experience with X-bodied vehicles before we purchase any more of them. I recommend to the City Council that we purchase four LTD-S's. The EMPG rating on the LTD-S is 16-27-19. The &VG rating on the Chrysler LeBaron is 16-23-18. The LTD-S is a larger vehic e and has more head room, leg room, etc. We now have a 1980 LTD police package vehicle and the majority of police personnel rate this as the best police vehicle we have at this time as far as stability, over-all size and personal safety is concerned. In about May or June of 1981 it will'be proposed that we purchase one more vehicle. At that time we should have a better cost comparison and trade- in or sale value. We intend to continue our st nal is on all vehicles. MD/vk r in Des Lauriers Attach. THE LONE OAK TREE - THE SKTIBOL OF STRENGTH & GROWTH IN OUR COVVU.`7TY .00-01 GMC- cars defective,- FTC says WASHINGTON (AP) - Gener- al Motors Corp. built at least 4'~ ssl million 1975-1980 cars with ma- ' jor defects and illegally withheld the information from buyers, the y a a Federal Trade Commission said A, a v~ aka i' .ai Friday. The defects involving transmissions, camshafts and diesel engine fuel pumps "could cost American consumers up to n:._- .....,..~a w., $50 million in unexpected i Associated Press repairs," FTC staff member rriclay r vin* v from;pacn shows the circular cloud bands of a classical Hurri- Tracy Westen said. Caw, f ,lien nily ,V oil the Gulf of Wxico. Highest winds are now 150 mph. In Detroit, General Motors f , i said in a statement, "We think the FTC complaint is urnvr rrant l ed and we intend to contest it vigorously." IF THE FTC can prove its ~ ' i °~y * 1 t d charges of "unfair and deceptive ~ ' t~ .!t ne trade practices," the No. 1 auto- maker could be ordered to pay I,ItO"~JNS~111,LIs', Texas (A ) -~Hurri- der a hurricane warning Friday morning. for repairs or reimburse core- Allen, a p,rlsatirmg ,rto that has Officials said 14,000 people were evacuat- sumers who have already paid 1,r51 1 ~ral, lcaFt 137 peoplo/on Carittbean ed from fort Lavaca, about a third of the for them. r . ip i,or cY+r ~n nv;i the xas coast way from Corpus i"hristi to Galveston. Friday,' a riday rei ing tiler f tf of; M€* ico vAth Aseven-mile-ton The FTC charges nl*ainst GM g traffic jam developed will be the subject of 6sf.ririnis super-ch.) rfred wind! ;tnd chasi g tho - on U.S. 37 troin Mustang Island to Corpus saahl of 1, 'o"Ae inl >41. h ores, ,rs sal . . 1'~iday evening in before an admini;trat.i~~c law (;hiisi.i, officials said Allen cnul~ rerike l.hty 1Jnitcd Mates '.oday. (Ytilve:itori, traffic on Tnterctate 45 to Hous- Ndge I'. rid ty rTi, tc, =ha far s$ c.r faleuce f the on, emar:; "at a standstill," said Melody FTC officials had difficulty Starr i v ms +~uc ►n,tht'ort T.,lvaca rea, cl.c flan of, the Galveston County Civil telling what model,; are ;afecle d nc.rih of Corpus f;4trr a. ~tJhather fore 1st- D \~~e Offic e. by the alleged detec.9S_ 'Tlu~y staid <°r7 in Victoria rxprr a d.'',a 1`s- to 20- of this is because of difficmty in o if.c tl?ng the storm o n killed at learyt 87 people in the Car- getting information fro,,7, GNi rv,ich +n t~ntonin ilr y fort Lavaca BC ibp, and a helicopter with 13 aboard and t>ncarise of a c Dori. ora'ler and f" spint.ir "anti r 1P,a'at'ernifrht• went (]Own off the coast of Louisiana dur- prohibiting release of some of hn for° 'c vaers aid flooding could inn .-in evacuation of an oil rig prompted the information. re.,w-h iniand .a fa, 1,7 ore mile and that. )y the storm. On Friday, two days after ccr ripl(le evacuntio :17ould be completed ie helicopter crasited, police reported The defects alleged arc*. ' t at five men were missing when a drilling • A high failure rate In TTTNT- Fv7(1G~F, TITAN , f)d?0 people were evac rit, terider overturned in the Gulf as it was 200 transmissions, 111~~il al r3 gout aaieca ~r,-,Tn the 4' 0-Toile Texas coast, all ret •ned to harbor. An undetermined num- 4 million compact e,, Inidc r:e tern ,50 mio,!s of v.- lielr lvid been placed un- See Allen, Page 5 Chevrolets, Old srrobifes, i"crrIt.i- acs, Buicks and Caelil ac° ~;w;e 1976. This trnnsmicsio-o c0- scribed as lighter ind le; s reli- than GNI's lI~M11-3"off tr.in,- able x ~ ,(~to~ co , drt t vote mission, usuali v c. n he ie°e nf.i- fied by the 31ord ";<ieatr9r," TY 7ROT (AP) - M'fred Lawrence in November, Patterson will face a appearing on C At, lr~tto r c='vor Pat x'5venr-c 1 patient in a strong Dernoc tic incumbent, William plate of the transrnis~,irrn. V Ii1o in hov k .I, I~r ept aly(:rut $40 Px idhead, anlie is trying to get re- • Premature c rnshaft, l;fter doll r cslinp )irn . for the IT.epubli- leased from t-he, suburban Detroit hos- r, r .T^.n tt.ar n wear in about 4 millr, n 1 4icinfmn's 17th Con- pital to wa!"le his campaign. ~ 350 cubic-inch dispi< cc ;T?;,nt V-3 Patterson says, the Secret Service engines. They are l~ 1 in 7,)-,"o wanted him committed because he Chevrolets, t~ldsnia biaer~~, r'can;.i- art, c~tie of tlirce '(101' candi- w~riric a )et.tcr to 1a fi lidward Kennedy acs and Buicks. Iilijn`t' vote: for himself in threatening to sue the presidential i~"iF iT lr.i r TV-4day because hopvfnl because Kennedy's staff lost.a • Rust and cnrrcrs-;on arf f1 e.-in- 1=~. nilow 0 o i'Vorthville federal prison ref orm. proposal he sent jection systems in the .i36 cioji*- them. inch diesel 01clsmn41e bar l lmos ;kill- I ',,161 ~~a7i 5 for an even The Secret. Service in Detroit con- since 197". Abomid ,;3f1, 3i;ts of a(9 a . Ili;r c,^a. cP ral, fiayniond firmed that Patterson had been under these engir?rs h,Ive 'p r-1 1111i1t, ,t vcltes for 28 leer- investigation, but declined further primarily for z{`"cl i^ ; ;0 E s, comment. cars. 4 (71 17 f - SECTION 744 GM Shoulders iiuge. Re arc Costs should ' For' Its Trouble- Ridden Diesel-cars ;dustry By LEONARD M. APCAR for them to coexist with other types of fuel- Ing more than 90% of diesel owners would Staff Reporter of THE WALL STREk7JOURNAL efficient gasoline engines. But. recent growth consider buying another. For the first 30,000 miles, Loren Mooney has been spectacular. In 1977, only 37,000 , "It is like anything else you do that you . - was "very satisfied" with his diesel-powered diesel cars were sold In the U.S. When GM Have never done before," says Frank W- 1979 Oldsmobile station wagon. The Clarks- got into the act in 1978, that total tripled,, Ball Jr., an assistant chief engineer at Olds burg, W.Va., salesman had the best of both and in 1979. It doubled again to 270,000 units who spends about halt his time wrestling worlds-big-car comfort and 20-miles-per, -half from GM. Despite this year's deep with the diesel. There's a "learning curve gallon, small-car fuel economy. auto slump, diesel sales are up nearly one- for making things as well as we know how, Then it began. Sputtering. Smoking. A third, By 1985, GM alone expects to sell Changes in Production blown head gasket. Three fuel-injection- about one million diesel-powered vehicles a GM has char ,Amp pump overhauls. A transmission problem year. nearly 20% of total domestic produc• changed the way it makes cru• ent rate believed to be engine-related. And a big tion, cial parts like camshafts and crankshafts. ' skilled bang one dark night on a Maryland highway Gettin a Black Eye Extra assembly-line workers are hand-tight- i are as that left the car with a snapped crankshaft g erring critical bolts and belts, which are i ies• and a cracked engine block. In less than a Now the diesel is getting a black eye stronger than before. To detect oil leaks,' prising. year, the repair bills hit $4,000. Mooney hit from the company that gave It its biggest sample Olds diesels now are driven oft as- audi- the roof• boost. Other manufacturers have had prob• sembly lines and parked, with engine run- I been in "I screamed to high heaven," he says, lems: Volkswagen, for example, recently re- ning, over sheets of clean, white paper-a marry and with the help of a lawyer, he persuaded called about 155,000 diesel Rabbits and time-consuming process. It was Oldsmobile to pay some of the costs. But Dashers to correct a mechanical flaw. GM's But GM's.biggest problem has been that aren't. Mr. Mooney is angry about more than re- difficulties, however. have been far worse. Its engine has been far more susceptible ,le. But pair bilts. "GM has taken advantage of a lot For a time this year and . last, GM than other auto diesels to the small amounts fill jobs of people by experimenting with how to couldn't sell 1980 diesel models in California of water that show up in diesel fuel. "It's make a diesel car," he says. because test cars kept breaking down before the biggest thing we missed In engineering," hinking A Big - Headache they completed the state's pollution control says a GM specialist. The company has ' senthal, _ tried some mechanical remedies; Including_ rsonnel General Motors denies that charge. But adding a dashboard water indicator li h he voles the company does concede that its (nova- The Oldsmobile Diesels. •w g t. he his five decision to become America's first For those who th~ht "=~•••and asked oil refiners to remove the water. j 1980, al- mass producer of diesel-engine automobiles economy only carm in 'C.F~ . Plies a veteran fuels engineer: "I think i 1 ,„„r,- GM has a problem with Its fuel filters." He has turned into a colossal headache. small paCJcaQes.r'':•«.:~.»•., 1 remain . "»..w„... calls the dashboard light, "a patch on top of it In tact GM is remarkably. candid about . ":.':o 1 .~«M•04.n"»„M«, wN w.M a patch.' Its diesel dilemma, in sharp contrast to the • ~.••»~"r..:'~ - »'~....„...r.«..»»...",.... » Trucks Do Well way the industry has handled many automo- ployers tive flaws in the past. Company ac wwy ^ ' « w-•*~• The mechancial Ills are surprising be- j• and in knowledge that Mr. Mooney's woes have cause for years, GM has been making t Even been experienced to some degree by lots of smooth running, long lived diesels • for produc- others who bought GM diesel cars. GM is trucks, buses and trains. But these engines inds of shouldering huge repair costs and is spend- :«,.'~~•M« •••x~,..'' ` ry=- I use heavy-duty components to cope with the age of Ing more to prevent a new round of mechan• high internal pressures and temperatures tion is ical mishaps. common to diesel engines. But much damage is already done. Con- When it came to cars, critics contend. I of sten• sumer groups, such as the Center for Auto ~ A GM tried to economize by using a lighter- ~rnia is Safety in Washington, D.C., say gripes about weight, converted gasoline engine. The result eed for GM diesels have been streaming in for on dic- months. Some disgusted auto fleet operators was faster marketing and smaller invest- today have stopped buying diesels; one success- . matt that yielded a ht $9profit engine is " says tally sued GM. Lasrfall, J.D. Power & Asso- tests. In June, GM notified owners of 485,000• GM diesel costs at least $910 more than its ' er: 'In ciates, a West Coast auto market research diesels-nearly every diesel car it has made gasoline counterpart) but less reliability, the people firm, polled 500 owners of 1978 Olds diesels -of a multi-million dollar program to mod critics say. single and found a surprising 75% had encountered' ify troublesome fuel systems and extend Converting gasoline engines is "some- one or more engine problems. warranty coverage on a certain part to five thing we didn't want to fool with, says a se- rse on Big Hopes years or 50,000 miles. In an unprecedented nior executive at Ford Motor Co., which has rk lation n-- Such troubles have broad implications. move, GM also offered to pacustomers been the coolest of all I?etroit auto makers When 'it decided a few years ago to adapt beck for work that its own local dealers pre- toward diesel cats. secre- the trusty diesel to automotive use. GM as- scribed but that probably wasn't necess York azY• GM firmly defends its approach and de ton. sumed that with one engineering master- A New Car sign. "We saved time and money, but we ies say stroke it could both make a profit and help Most repairs have been needed, however. don't feel we cut corners," says Oldsmo- ho can solve the gasoline shortage. Though smelly, Stanley Gitner of Yorktown Heights, N.Y., bile's Mr. Ball. "If you look at the engine, ev- mum noisy and sluggish, diesel engines are adver• had the fuel Injectors on his 1979 Olds re- erything is different" .in major areas like tised to get 25% better mileage than similar- moved three times, trying to. eliminate bearings, pistons and crankshafts. sized gasoline engines. clouds of black soot and a rough Idle. After Once blessed by GM, with Its enormous writing a three-page letter to GM's presi• Mechanics Need Help there. marketing clout, the diesel gained Instant dent, the company exchanged the car'tor a These differences mean maintenance York status. Previously known only to truckers new one. problems. GM concedes many of its auto typists and some foreign car buffs (Mercedes-Benz A defective ,head gasket on her 1979 mechanics aren't sophisticated about fixing sala- diesels have been sold in the U.S. since , Chevy pickup cost Doreathy Foreman of diesels. It is sending out detailed manuals 1950), the engine quickly became a symbol Carthage, Tenn., $170 to repair. It also and monthly memos to try too- of shrewd consumerism, social awareness- prompted a warning from her mechanic repairmen. to educate Its ifornia even automotive chic. There could be more trouble ahead. There ' es for Americans now are driving diesel-pow- was. A fuel injection Some of the fault may lie with owners pump soon broke It Inc. erect Volkswagens, Audis, Volvos and Peq- (SM) and the engine block cracked (Me themselves. Diesel engines need special bache• gents. as well as GM and Mercedes models. 0oo)- care; they are fussy about fuel grades, hard year's In the years just ahead they'll be offered As it has in many other cases, GM picked P to start in cold weather and require oil diesel Fiats, Renaults, Chryslers and var-. up some of Mrs. Foreman's repair bills. The changes on a more frequent and rigid sched- essed. ious Japanese brands, too. company thinks this sort of service Is pay- • ule than gasoline engines. Owners Igs for Diesels won't take over; the strategy Is ing oft; It cites independent surveys indicat• about maintenance are asking for troublee 4 , but evron ~~s Big Companies Blame Public's Ignorance made ike to For Bad Image; Most Small Firms Don't By FRANx ALLEN Heads OfS however, said tfie em- complaint: "People see someone steal $10 en so Sta/fReporter of THE WALL STREET JOURNAL pha , bewn n:WWmving product quality and get arrested, but someone who embez- r ight If business has an image problem, most and maintaining ethical standards, ales $10 million gets off easily," driest. ll chief executives of small companies don't The survey, conducted jointly by the Few heads of large and medium-sized ,tarty recognize it. Journal and the Gallup Organization, Is corporations volunteered suggestions about More than half the owners of small U.S, based on interviews with 306 chief execu• product quality, fair prices or business eth• r '110115 }.•1•, lire , I) p nnl 1',.•,• n'.i ii.n 1 •4 h' inr,•; ti:•rs of the t•nuntrv's larlmst col-t►nr::tinns ins. For cs:unplr', nrh• t"' of rhi••r•,( 1:.,•rt~ ~ r ~111RMi ~11g1p~ IA ~ ~ l7 m ~ I~ ~ ^ it ~ -r~ cn ~ > N .n N v n , -6 I`an 3 cn D to 'o ~7 Ir 7~ r` p0 70 r•i n f-• X ~D R,1 L F c M N o0 t' i d ki a m d t m Cl to C7 C7~ IP W 7 O tD 00 to iP W N 1N+ O 0~D O~ C~71 A W N r O t0 OD •J o, CA A> co - N °i 43 o - a - - U1._•}~ . _ - to s~ ~ ~ ~V7.- ~ - - • V, ; - - - a. U N -_C4_- n h ~ c~ - U\ m fi - -ao - _ - - o - r - - - _ - - - - --'mot i~ - ° - a` I"- to - - G7 ry... 1 Oil o 1C - - - - - ;a- - 'i 1 - - _ i tie le W Y? f^' . IP3 We tR A2 N A2 ~ ~ llt k12 In 92 ~ M !r ~ ~ ' h i t s, I oe :I o Al ~tT I If0 IT' 1, C7 i~ 'rJ iT I~ I r, ~C. ~-rr-~ 7 I!~ ~ b f~J E I - ~m ~b t~ ~eh Id : ^ ICi I t' I~ I . lift W W ~7~j t~7tV o 00 w w Ja W N w w NN bU l T Cn C!. lV N l~ r l r r r f+ r r p a T - - O t0 r CL^ oo v m It" ~P w N 1-+ O w oo -4 O~ w A w m I- -6t- w - f: - - ~ - - - _f - -v-- ---.ice - --"D-- ~ ..0 IS _ 11 14, - - - - _.C _ --1. 1-= _ - 1v%_- M f - 61 R~ A to : ct, _ CA o - + , 0 0 61 _ {I ` h 10 11Ir I i I ~_I _I I I -v, Y - 111 ll i_ I I I- o o 9> t _ 77 1 I - - ! a - 1 j - - p- O_ - - - - n 7h ]IT 5 , Ca W w w t~ t~ tV t~ I `N I r r r r r r r r i F+-..r _ - - - ~ f ~ : N r O ~ c0 ~ Ob ~ ~ j T C~7 ~ i►. ~ W ~ tV ~ r O j ~D ~ Oo ~ ~1. Oa t7~ ~ is W ~ N ~ r- O W OD ~ ~1 Of O~ A 00 lV i ~ Agenda Information Memo October 17, 1980 Page Five PARK DEPARTMENT C. Park Department The Advisory Park Committee took action at the October 2, 1980 regular meeting of the Advisory Park Com- mittee to recommend to the City Council to fund one-half of a soccer kick board for South Oaks Park in 1981. A soccer kick board would cost approximately $300 to $350; therefore, the amount required from the City -would be $150 to $175. It would be necessary to include the additional amount in the 1981 budget prior to its for- malization this next month. The residents of the South Oaks Addi- tion are willing to participate by matching the contribution made by the City in the amount of $150 to $175. This concept has been used in the River Hills Ninth Addition in previous years by the City Council to improve upon recreational and playground equipment in neighborhood parks. It is expected that residents of the South Oaks Addition may be present at the City Council meeting. ACTION TO BE CONSIDERED ON THE MATTER: To approve or disapprove the recommendation of the Advisory Park Committee to fund one-half of a soccer kick board to be located in South Oaks Park. PUBLIC WORKS DEPARTMENT D. Public Works Department There are no items to be considered for the Public Works Department at this time. COUNTY TAX ABATEMENTS VI. Jake O'Toole for County Tax Abatements Mr. Jake O'Toole of the Dakota County Assessor's Office is proposing that assessed values for property be reduced for three (3) property owners in the City of Eagan. Enclosed on page is a copy of the proposed abatements as prepared by Mr. O'Too e. In the past, it has been difficult to determine where these parcels are located within the City and therefore the Engineering Aide was asked to prepare a map that illustrates the various parcels under consideration for the tax abatements. A copy of that map is enclosed on page ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the reduction in value for three (3) properties located within the City of Eagan as recommended by Mr. O'Toole from the Dakota County Assessor's office. ALATtW`TS-- October 7, 1980 Real Estate: Approved. Dennis Bailey Walkoff Upon a review of subject property, it was #10-019C0-050-04 1 determined that an erroneous quality classi- Eaoan, City of fication and grade were used to identify and value improvements. The adjusted value per/ abatement's represents a fair and equitable re-appraisal of subject property. The estimated market value should be reduced from $396,000 to $350,000. The limited market value should be reduced from $393,250 to $350,000. Therefore, reducing the assessed value to $150,500. M.R. Effress & Jerome Halper Upon reviewing the property it was found to be #10-00200-010-27 erroneously classified as vacant land. The Eagan, C}ty of 2 property should have been classified as agri- cultural. Therefore, a reduction in value is requested. The estimated and limited market value should be reduced from $205,320 to' $148,050. Therefore, making the assessed value $37,013. 1 R.E.S. Investments Co. Upon reviewing the property it was found to 10-00100-010-29 have been erroneously classified as vacant 10-53320-022-00 land it should have been classified as 10-53320-030-00 3 agricultural. Therefore, a reduction in 10-53320-085-00 value is requested. For market and-assessed 10-53320-087-00 value changes see attached sheet. Eagan, City of 22- • l AVALOM_ qpv, I O~ I '.IkI14GEy78'►' ~ -VIEW nv AVE. PARK SOLTHRI 9PE G yy AVE 2 (U a Nf'S SKYLINE R_1I ° y / I ~IC,,.tRLA n` - t a r -'J ICI ONE OAK RD ' I 1 pp. Illwa i e pj J /Y {~,,t F• S a a C1Pr/ i 1 AOOW NEW ! RED CEDUt , wD PARK 1 I~iYAY ~ ~ , t!t 1: FLAKE Ra C a I I I I 1' 1 awe H" STE -2111, ~v ms's r W cY I 1 1 r'RIVER a1RS u 1 2409 NKEE DOODLE RC I ~~l] ell" \ /y pp. 9 1p, i ' h. "RACE son WOOD - r 1 : ; 11~Yr/ is ~ 1 ~ -^r ' ~j. \yyyyyy ;W,' i e,ShcLsrRIDGE LA I 'I,/~ 4P'L\ ;MONTEREY I.ipp1O / a Q~ LA KYLL~O i-, 'fAESfRpIGE 6 I ~4 PMp _ r I NKLS RD qL C/TY RD RX x ` / ( NALL~i~ +r"%.~;Oq£S4 SILVER BELL'' RO S1111 ER BELL P < s m Sj kr p K BLACA?MMK i POLICE \ Y=fi Op " a ~1 IN MLIS Xf fMBrE• ° ' OEPdRTNENT lt3 f A a°~ Roar ' / i / -Cl~' DE ~ ~ OrMVEN W, I_-r i CF. m ! r' t D R W j' s \ E_ / Pf'pJ FIRE 1. P4 rff V6, vE" a V' \IL`f PO i CI NA ''*\`Z_I OR TO ivEFO"Y 11 •000 I,- ABBRO R E~ QEERMOOD I A a~~ TpAU . pp -~A T. e' I \ ACON tmx O ATR. PL 1 i ELM LJ! ~Li J~. euerrtLAN L7~7~ a° RwEC/A 8 < la I,~ ° 4 ^I~J rI` sl r=' PARK 10 ®~sRriA~f mss- - AIR lA, _PARMMJ L N a WILD IOW ,~ANE- : _ Co. RO Me 30 CORAL l.A WILD WOOD LANE A CT LASTER i i y 4 =I I i~~~QA °4 i t t r' \ ~1F g5 s€ r.. ~y I S ~ Imo. BAD" NhA I " nsul -wEYypcK ~ Zrs~f ' A d5 4 + 'J O / I I r~A IE eai ce B • h C gi s• ~2t~ AnI~ 9 ? 1120 ri METYJI~ Q \ tT/ ' I F%r '„p' .c► eSTT' LLEO„E Q YnLiARr dl__PO."POSA cosmm i CE AR IC. ``J~~ Q'h f ,j$ CA P CIR WALFR LM sRIN6 y _ REE afrv-i5 R 1 I R CIR 6J', $ _~J CIR. Y P - F/ ST :a HALL /c ~1 t~PP--~ I 1 '~r1~- 2~ =oR~sK~J " I GREEN - - 9 Ab. -m - RIVER w/ LS 9/e PA a. j I ~e i 1 C' t:. 7-1601S " r ~*cKN~ F'. r $ of I w o4W ✓44 la „i\y s LAA'E R °a 10 11 RurKV EN R©;. wALruT C l 1 i r 'A 1 fK ` R 1 r OR LA I' ORr j yES- Q fL iWRKwL.L4 cNER J , L N' - ~+O14ygs l - oR g i 04. EA ry i 1`r o, ` °R Q Kv ° oRr a I ALE u+cs .r/ 1I <QQ 6 ~~2z2 r~.. V'E c,.~/ ~P art ~,►P Lw acDw Rd 7 J A 2 s c' /rE - II I \ 51 C UFF I V l of ~ - _ I W ~I r I _ "fw' j; W C. RC NO-3 I I - u ~r RD I. - ©I I r\ 1 1~ a GJIMSS.TFA Ir 4 \n i \ I~I -z :71ENTOM _ ' -A-P. . r i G H I J L 1400 1250 850 I 600 650 - HEIG174 A - • _ NT. N ~ RD X94 . ~iE i . TATE 191 ~ ~ I. I ~••C I k".~ 11 A6AfL.'_IIIDUSTPIAI_-BLVD ~~J I 1 11 AvA~DP_ ~ c+ry. ~sO I CJ J goo 0- AYL_ 1 1 < < c < .F ry__KENMEftl (4lLr rCNViEw !d NG s Ad IT Rff cL f. JJ KIRK u NEE_ LEX/NGrOII ✓ SATIJNE aD~ 1 /y/g, W PARK I ✓ HAIIK NO. z u Cl~ Rd. No 26 RI, Ns. 26 11 I • a ~ C' t ,77 rNCB h , r PARK ` MAY QLAall J (a I - L • NI. . ~ ~ I _ w 3 1, 1 I~ ~IIITAI IY L•. !1 ~ ,?og ANNI/Jovo0 „1 ~uSv~^"Y ~v-_-___ _ _ L;T _ ®tR:..ORIfS_ A R RnEw .36>.._. 1G T \ \ Cif CIA . ADRjN OR C.- rIT, lot F~p AK , WI I \ 4 4 yL6 °0. W N- RD. YAIP II OOO_D E R ~ 91~/., ~ I ~s p;~ 9OUARE` I \ cSL„I ~ ~I CARR/AGE N/LLS 111111 RD ~o \ \3 o J d-J C GOLF CO(/RS'E ~1. I __CED61l J-__ 11111 i 1 ~ , _ l _ y EI 5 G, Rd No. fiIA LA. _ ~/t OR L it T Y'!O°E LA TAN T p- ✓ I~ PuCKER, j~1- /fi !1y \ _•.,L '=F 1 1-1 cRESra ocE d : < cTR rp,'; ter 's' o pUT~N ~ L \ J ' } J~, < \yr'' I LDEltME R HILLS %i I`lN I cw.. ~ CCT MWRN f ' D 7` ' i rrr ~~_l "N DDEE lei D`` ♦ w,; '7 I MLL~„'`l W=+NAaKj`/~*R•Ia. E sr_- - NILLS~xr~ cr~S L 'J I v 4 • 2 "ESCOT 'WESCOTT 6~ V Qa ~ DEPARTMENT Rmy T Qr2 F l\ 8'i ~ r ~ rianr s ' PATR/CK ~ .,r~itl fAGAA/ - 8 COL., ; 1 P o:l ( _ g LL _ ' V PAK _ r"•+-- • F lil _ --WILD Wood LANE o~ Xy III i ~ ,J ~ _ it 24 INEkoCN 1 - ~@A4SM1~L fie 5~ r.~ ARG LAKE. ~C c.♦ 11 +~ir ~i I ST F~EOMt 'SAL o PF` i' ♦ I I V NAC pNO1aE l i ONOEROS• CO 4~ N _ _ - =15'-fy_1y~ - p~t' 2 1 I Fa AMAR.n aC a "c 33 I ( o31 F/ NALL~ rKI ~o\ A~yD°I~,, ~s3~ ~ ~.t[ ~ gl illy ~I r caoE I 'a 'M°f'1a4J MEo,4DW i Agenda Information Memo October 17, 1980 Page Six PETITION FOR LEXINGTON AVENUE EXTENSION A. Petition for Lexington Avenue (County Road 43) Extension The City has received a letter from Dunn & Curry Real Estate Manage ment, Inc., requesting that the City proceed with final curb and gutter and paving of Lexington Avenue from Cliff Road (County Road 32) to the intersection with Wilderness Run Road. As stated in the last City Council packet, during May of 1979, the County Board passed a motion accepting the dedicated right-of-way of Lexington Avenue from County Road 32 to k mile north of County Road 30 with the condition that the appropriate agreement between the City and the County be executed. The City staff will address the status of the agreement. Recent discussion with the Dakota County Highway Engineer indicate that, for budget purposes, he has not included the improvement of Lexington Avenue in the 1981 Dakota County Budget for road improvement. Enclosed is a copy of the letter from Dunn & Curry Real Estate Management, Inc., found on pages -2(o through Q'?, which acknowledges the official petition. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the acceptance of the petition for extension of Lexington Avenue as presented; if accepted, direct the staff to prepare a feasibility report for a public hearing and a resolution to Dakota County re- questing the improvement. asp 6 7 ~ Dunn & C'urrv Real Estate Management Inc. 4940 Viking Drive pp Pentagon Office Park Minneapolis, MN 55435 ~t (612) 835-2808 i September 11, 1980 Thomas T. Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Lexington Avenue (County Road 43) Extension. Dear Tom: This letter is to inquire as to the status of the building of new Lexington Avenue from north of County Road 30 to Cliff Road (County Road 32). Our files show that the latest corres- pondence was from Tom Colbert to Bob Sandeen (March 17, 1980) requesting a procedure for building the road. We have never received any confirmation of the resolution that the Boarc of Commissioners has agreed to accept the relocated right-of-way. Our only verification is in Tom Colbert's letter. The present status of the road is that rough grading between County Road 32 fnd Wilderness Run Road is complete; rough grading between Wilderness Run Road and County Road 30 is ap- proximately 80% complete subject to adjusting the clearance under the high line of N.S.P.; no rough grading has been done or contracted for North of County Road 30 for the 1/4 mile section- Further, a temporary paved surface has been laid from County Road 32 to the first access street into Ches Mar East. Construction has begun on the two projects which abut Lexington Avenue at Wilderness Run Road. The final plats have been ap- proved as has the Development Agreement. -Within two weeks, the remaining rough grading work (prior to adjustment for the N.S.P. line) will be complete north of Wilderness Run Road. By this letter we would like to petition for the final curb, gutter and paving from County Road 32 through the intersection with Wilderness Run Road. While we realize that this will be built by the county, we feel it important that we go on record a6 as to our need for the road. We are prepared to be assessed for that portion of costs for county/city built roads that are borne by abutting land owners. We believe the present status of the grade of Lexington Avenue as it is under the N.S.P. high line is consistent with instructions and plans prepared and issued by your consulting engineer. It has recently been broughtto our attention that this grade will have to be lowered or the N.S.P. polies raised to provide ade- quate clearance. Whichever the solution, the cost is in addition to the rough grading costs we had agreed to. In order to complete this revised rough grading work as well as the portion north of County Road 30, we hereby request the city undertake this work and assess our property for the cost. As the work would be entirely on our property, we are also anxious to have Lexington Avenue completed by the county at the earliest possible date. This would help in the orderly development of that area of Eagan with Pilot Knob Road due for substantial work in the next few years. Lexington Avenue offers the best alterna- tive North-South road in the city. It really should be completed through our area and upgraded to Yankee Doodle Road. May I suggest that this entire Lexington Avenue situation be re- viewed with us and members of your staff and consulting engineers. Then, with common objectives, we approach the county to prevail upon them to build the road next year. I would appreciate hearing from you on the above matters. Si ce ely yours, Rodney D. Hardy Vice President RDH:sr cc: Robert Rosene Thomas Colbert - 2 - Agenda Information Memo October 17, 1980 Page Seven PETITION FOR COMPLETION OF WILDERNESS RUN ROAD ` B. Petition for Completion of Wilderness Run Road from Lexington Avenue to Dodd Road A letter was received from Dunn & Curry Real Estate. Management, Inc., asking that the City of Eagan proceed with the paving and curbing of Wilderness Run Road from its present point of completion to the intersection of Lexington Avenue to its terminus at Dodd Road. The status of the completion of Wilder- ness Run Road from Wilderness Park Third Addition to Dodd Road was discussed during the five year street capital improvement pro- gram between staff and Council during the spring of 1980. The need for improvement of the westerly half of this 1.5 mile stretch of roadway is generated by the recent final platting of Canterbury x, sa. Forest and Wedgewood Addition. If the petition is accepted and a feasibility report is ordered, staff can review and update as part of the feasibility report the impact on the overall capital improvements program. This would enable the Council to further evaluate the timely need for completion of this street in relation to construction of other streets as previously discussed. Enclosed on pages QC1 through 7RO is a copy of the letter as submitted by Dunn urry Real Estate Management, Inc., pertaining to this issue. ACTION TO BE CONSIDERED ON THE MATTER: To accept or deny the petition from Dunn & Curry Real Estate Management, Inc., to complete Wilderness Run Road and, if accepted, authorize staff to prepare a feasibility report for a public hearing. Z 7 f Dunn & Curry I0. Rea! Estate Management Inc. 4940 Viking Drive Pentagon Office Park Minneapolis. MN 55435 j (6/2)835-2808 September 9, 1980 Mr. Thomas T. Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Completion of Wilderness Run Road from Lexington Avenue to Dodd Road. Dear Tom : This letter is in request of an earlier request which we made to the city regarding the completion of the above referenced project. Last spring, I wrote you requesting the city con- Sider the paving of Wilderness Run Road from its present termi- nus to the easterly boundary of our Wedgwood First Addition. At the time the request was made we were anticipating final plat approval on the Wedgwood First Addition project (part of Lexington South P.D.) and, therefore, requested the street con- struction to be-consistent with our construction program. Our final plat has now been approved by the city. We are sche- duled to begin construction on September 8, 1980. We would again like to request that the city undertake the paving of Wilderness Run Road from its present terminus through the in- tersection of Lexington Avenue to Dodd Road. Our reasons for the request are l) to have the street completion timed to the completion of our subdivision (early summer of 1981); 2) to extend this road to its logical terminus on Dodd Road and 3) to complete a development program for which we are accepting partial assessment. It seems inappropriate at best now that we should be paying partial street assessments without corresponding benefits. ~9 _ We have now closed on our Title X financing for this entire area. We anticipate developments along Wilderness Run Road next year and would request that the roadwork be extended as one contract. We are prepared by this request to waive the necessary public hearings and agree to accept the appropriate assessments to be levied by this road (i.e. the equivalent residential front foot charge). We are concerned that in recent conversations with the city's director of public works that the City Council is contemplating not undertaking this road work as no development is imminent. We find this to be inconsistent with approval of the final plat recently granted by the city and are concerned that developments which are underway and are subject to Federal financing guide- lines approved by the city would not be undertaken in an orderly manner. Therefore, please consider this letter a formal request for the paving and curbing of Wilderness Run Road from its present point of completion through the intersection of'Lexington to its termi- nus at Dodd Road. This entire right-of-way length has the sewer and water utilities already in and rough grading completed. It seems logical that now we should look to the final paving and curbing of this stretch of collector road. Si e ely yours, o ey D. Hardy Vice President RDH:sr 30 - 2 - Agenda Information Memo October 17, 1980 Page Eight SIGN COMMITTEE C. Appointment of Sign Committee At the last regular meeting of the City Council, appointment of a sign committee was continued until the October 21, 1980, meeting. Consideration for the appoint- ment of a sign committee should include the following: 1. Organizational Objectives of the Committee 2. Size of the Committee 3. Who will be Appointed to the Committee ACTION TO BE CONSIDERED ON THE MATTER: To make appointments to a special, study committee for the purpose of reviewing the sign ordinance and, more specifically, how it relates to the signs ad- jacent to highways of freeway status. ASSESSMENT COMMITTEE - ERIK ERIKSTRUP D. Assessment Committee for Erik Erikstrup At a previous meeting of the Assessment Committee, a request to defer the assessments was considered for Erik Erikstrup. Mr. Erikstrup has requested consideration by the City Council pertaining to deferment of the assessments associated with the trunk storm sewer resulting from Project #257 (Thomas Lake Trunk Storm Sewer 'Outlet). This request. is being considered under Ordinance #66, "Senior Citizens' Deferred Assessments". Mr. Erikstrup has received an assessment in the amount of $7,497.54 for his property (9.08 acres). Although Mr. Erikstrup's income meets the criteria in the ordinance, he does not meet the age requirement. Enclosed on page 3 Q, is a copy of the Special Assessment Committee minutes as t- he Appertain to Mr. Erikstrup's tequest. No action was taken by the Special Assess- ment Committee regarding this item. It was requested by both the Committee and the petitioner that it be considered by the full Council. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the .request by Mr. Erik Erikstrup for an assessment deferment for the trunk storm sewer outlet improvement in the amount of $7,497.54. 31 Assessment Minutes • September 11, 1980 Page Two p.. WILDERNESS RUN TRUNK UTILITIES I1-P ROVEMENT #79-11 Mr. Colbert explained the policy of levying lateral benefits from trunk utilities requiring trunk area assessments to be levied to all property lying within one-quarter of a mile on either side of the trunk water main installation and one-half mile for sanitary sewer. No lateral assessments are proposed to be levied until such time as an abutting property owner makes a connection, obtains use from or subdivides the property for future development. In the future when the connection takes place then the current rate of lateral benefit for trunk utilities will be levied against the benefited frontage. Mr. Colbert indicated that two problems have arisen including Cedar Industrial Park and Eagandale Industrial Park concerning searches and the levying of connection charges at the time of the building permit application for a subdivision is granted or requested and lateral assessments to trunk had not been levied; further, whether the deferred assessment is in fact an assessment or a connection charge. The staff recommended that every future project requiring the installation of trunk utilities for sanitary sewer and water main be assessed the trunk area rate in addition to a lateral benefit from the trunk utility. If a particular property owner experiences financial hardship due to the lateral benefit assessment, then the Council could , upon due cause shown, defer the lateral assessment and in the event of the approval of the appropriate assessment, the City assessment card be marked "Deferred Assessment". When connection or development occurs it will be assessed at the lateral benefit rate then in effect. Egan moved, Blomquist seconded the motion, all voted in favor, to recommend.approval.of the staff's proposal regarding lateral assessments from trunks for sanitary sewer and water. THOMAS LAKE STORM SEWER OUTLET (ERIKSTRUP) IMPROVEMENT #79-6 Mr. and Mrs. Erik Erikstrup were present concerning their request that storm sewer assessments levied against their property consisting of 9.08 acres be deferred under Ordinance No. 66 consisting of Senior Citizen's Deferred Assessments. It was noted that the Erikstrups do not qualify under the age requirement, although they do qualify under the financial requirement. 0.81 acres has been dedicated for pond but no dedication has been made for Cliff Road or Pilot Knob Road. It was under- stood that unplatted property has been assessed under Project #257 and that no exception is being given to unplatted property. Also, the Erikstrups have appealed the storm sewer assessment. Rahn moved, Egan seconded the motion to forward the matter to the City Council for further consideration in light of the circumstances of the Erikstrup property including special hardship considerations. All voted in favor. RICHARD SCHERER IMPROVVF.NT X679-6 A petition has been received from Mr. and Mrs. Richard Scherer on Cliff Road for deferral of special assessments under Project X6257 consisting of the Thomas Lake storm sewer outlet as senior citizens under Ordinance No. 66. The staff recommended approval indicating that Mr. Scherer qualifies under the ordinance. It was also noted that the Scherers have appealed the Thomas Lake storm sewer assessment. Egan moved, Roszak seconded the motion to recommend approval of the deferral under Ordinance No. 66 with the understanding that all additional information to the staff's satis- t faction be submitted. All voted in favor. J aN 0 6 Agenda Information Memo October 17, 1980 Page Nine DRUG PARAPHERNALIA ORDINANCE A. Drug Paraphernalia Ordinance The City Attorney's office has completed work on the new drug paraphernalia ordinance. The new ordinance is virtually identical to the model drug paraphernalia act drafted by the Drug Enforcement Administration of the United States Department' of Justice: A letter reviewing the new drug paraphernalia ordinance, prepared by Brad Smith of the City Attor- ney's office, is enclosed on pages through for your review. A copy of the ordinance, entit e -'e TAn Ordinance Prohibiting the Possession, Manufacture, Delivery, and Advertisement of Drug Paraphernalia", is enclosed on pages 14 through 3 ~j for your consideration. The City Attorney will review the or i.nance in any detail desired by the City Council, and for any additional information, the City Administrator will provide some background such as CAAD or other issues related to drug paraphernalia. ACTION.TO BE CONSIDERED ON THE MATTER: To approve or deny the new drug paraphernalia ordinance as prepared by the City Attorney's office. 33 PAUL H. HAUGE & ASSOCIATES, P. A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE October 7, 1980 AREA CODE 612 BRADLEY SMITH TELEPHONE 454.4224 KEVIN W. EIDE Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 Re: Drug Paraphernalia Ordinance Dear Mr. Hedges: Enclosed is a final draft of a proposed new drug paraphernalia ordinance which the City Council has asked our office to prepare. I am transmitting this proposed ordinance to you along with a number of related material, so that these may be transmitted to the City Council for their consideration. The new ordinance is virtually identical to the Model Drug Paraphernalia Act drafted by the Drug Enforcement Administration of the United States Department of Justice. The only changes from the Model Drug Paraphernalia Act are for the purpose of making the ordinance consistent with the format of other City ordinances and of connecting the new ordinance with the state statutes on illegal drugs. As the title of the ordinance indicates, it controls possession, manufacture, delivery, and advertisement of drug paraphernalia. In addition, certain acts of delivering drug paraphernalia to minors are made a special offense, and the civil forfeiture of drug paraphernalia is also provided for. The proposed ordinance covers actions by adults as well as minors, and viola- tions are punishable by misdemeanors, that is by a fine of up to $500, imprison- ment for up to 90 days, or both. The additional-materials are being transmitted to you so that they may be made part of the record at the time the City Council considers this ordinace. One exhibit is the transcript of a hearing before the Select Committee on Narcotics Abuse and Control of the.House of Representatives. This hearing was held on November 1, 1979. Testimony at the hearing, including a child psychiatrist, law enforcement officials, a deputy assistant Attorney General, and the administrator of the Drug Enforcement Administration shows that there is a considerable amount of evidence which substantiates the relationship between drug paraphernalia and drug use. The Model Drug Paraphernalia Act is included with these materials along with extensive comments by the Drug Enforcement Administration on legal aspects of the model act. Also enclosed is a copy of the Eighth Circuit Court of Appeals decision in the case of Geiger vs. City of Eagan. This decision indicates that the City of Eagan clearly has the power 3 Mr. Hedges • October 7, 1980 Page Two to discourage the availability of drugs and the acceptance of drug use by pro- hibiting the sale of drug related devices, and that the Model Drug Paraphernalia Act is a properly drawn ordinance for that purpose. Since the Eighth Circuit's decision in the Geiger case, four Federal District Courts have considered the Model Drug Paraphernalia Ordinance. All four Courts have found it to be constitutional. These cases include Record Revolution No. 6, Inc. vs. City of Parma, Ohio, United States District Court, Northern District of Ohio, Eastern Division, Case No. C80-38, April 14, 1980; Florida Businessmen for Free Enterprise, et al vs. the City of Hollywood, United States District Court, Southern District of Florida, Case No. 80-6157-CIV-NCR, August 29, 1980; World Imports, Inc. vs. Woodbridge Township, United States District Court, District of New Jersey, Civil Case No. 80-1414, June 8, 1980; and Delaware Accessories Trade Association vs. Gebelein, United States District Court, District of Delaware, Civil Action No. 80-285, August 15, 1980. In the Parma case, the Model Act was upheld-except for two clauses which were found to be unconstitutional. However, the other three cases, all of which came after the Parma decision, upheld the Model Drug Paraphernalia Act without deleting any language. Based upon these three cases, we have not removed any language from the Model Act. If the Council determines to pass this ordinance, it would be highly advisable for the Council to enter certain Findings of Fact. These Findings could be based upon the previous hearings relating to Ordinance No. 71, and materials which have been transferred to the Council along with this proposed ordinance, and any hearings which may be held by the Council at the time the new ordinance is considered. These Findings of Fact should be set out clearly at the time the Council passes this ordinance if it does, and the Findings should be set out in the minutes of the meeting as well. We will prepare proposed Findings of Fact for the City Council's consideration prior to consideration of the ordi- nance by the City Council. Very truly yours, Bradley /Smskk enclosures 35~ . • 10/7%80 CITY OF EAGAN DAKOTA COUNTY, MINNFSOTA ORDINANCE NO. - DRUG PARAPHERNALIA AN ORDINANCE PROHIBITING THE POSSESSION, MANUFACTURE, DFLIVFRY, AND ADVERTISEMENT OF DRUG PARAPHERNALIA. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: SECTION .01 DEFINITIONS A. Drug Paraphernalia. The term "Drug Paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in.planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of Minnesota Statutes Chapter 152. It includes, but is not limited to: (1) Kits used, intended for use, or designed for use in planting, pro- pagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled sub- stances; (3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; (4) Testing equipment used, intended for use, or designed for use in identifying, or'in analyzing the strength, effectiveness or purity of controlled substances; (5) Scales and balances used, intended for.use, or designed for use in weighing or measuring controlled substances; (6) Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances. (7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana; (8) Blenders, bowl, containers, spoons and mixing devices used, intended for use, or designed for use in compunding controlled substances; (9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances; (10) Containers and other objects used, intended for use, or designed for 3G • • use in storing or concealing controlled substances; (11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; (12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (b) Water pipes; (c) Carburetion tubes and devices; (d) Smoking and carburetion masks; (e) Roach clips: meaning objects used to hold burning material such as a marihuana cigarette, that has become too small or too short to be held in the hand, (f) Miniature cocaine spoons, and cocaine vials; (g) Chamber pipes; (h) Carburetor pipes; (1) Electric pipes; (j) Air-driven pipes; (k) .Chillums; (1) Bongs; (m) Ice pipes or chillers. B. Other Terms. Other terms are as defined in Minnesota Statutes, Section 152.01. C. Evidence. In determining whether an object is Drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use. (2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance; 2 3 • 0 (3) The proximity of the object, in time and space, to a direct violation of this Act; (4) The proximity of the object to controlled substances; (5) The existence of any residue of controlled substances on the object; (6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of Minnesota Statutes Chapter 152; the innocence of an owner, or of anyone in control of the object, as to a direct violation of Minnesota Statutues Chapter 152 shall not prevent a finding that the object is intended for use, or des.Igned for use as Drug paraphernalia; (7) Instructions, oral or written, provided with the object concerning its use; (8) Descriptive materials accompanying the object which explain or depict its use; (9) National and local advertising concerning its use; (10) The manner in which the object is displayed for sale; (11) Whether the owner, or anyone in control of the object, is a legiti- mate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; (13) The existence and scope of legitimate uses for the object in the community; (14) Expert testimony concerning its use. SECTION .02 --.PROHIBITIONS A. Possession of Drug Paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of Minnesota Statutes Chapter 152. B. Manufacture or Delivery of Drug Paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of Minnesota Statutes Chapter 152. 3 3 p • • C. Delivery of Drug Paraphernalia to a Minor. Any person 18 years of age or over who violates subsection B by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his junior is guilty of a special offense. D. Advertisement of Drug Paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. SECTION .03 PENALTIES Any person who violates this Section .02 is guilty of a misdemeanor and shall be punished by a fine of up to $500, imprisonment for up to 90 days, or both. A separate violation occurs each day that a violation hereunder continues. SECTION .04 CIVIL FORFEITURE. All drug paraphernalia as defined by Section .01 is subject to forfeiture, subject to the provisions set forth in Minnesota Statutes, Section 152.19, Subd. 2 and Subd. 4, in the same manner as if said forfeiture were pursuant to Minnesota Statutes, Chapter 152. SECTION .05 REPEAL. Ordinance No. 71 and all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION .06 SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION .07 --.EFFECTIVE DATE. This ordinance shall take effect upon its adoption and publication according to law. CITY COUNCIL CITY OF EAGAN ATTEST: BY: Alyce Bolke, City Clerk Beatta Blomquist, Mayor Original Ordinance Adopted: Published in the Dakota County Tribune: 1 • • Agenda Information Memo October 17, 1980 Page Ten LEXINGTON STANDARD CORPORATION B. Lexington Standard Corporation for Conditional Use Permit for Outside Storage and Preliminary Plat Approval for Lot 6, Eagandale Center Industrial Park No. 2 - This application was withdrawn by the applicant prior to the Advisory Planning Commission meeting held on September 23, 1980. Therefore, there was no action taken by the APC and there is no action required by the City Council. PRELIMINARY PLAT AND PUD AGREEMENT FOR DUCKWOOD TRAIL C. Bar-ett Construction for an Amendment to the Duckwood Trail Planned Development Agreement and Revised Preliminary Plat Approval (Duckwood Trail) for Outlots A, B and C, Duckwood Trail A public hearing was held by the Advisory Planning Commission on September 23, 1980, to consider three (3) applications submitted by Bar-ett Construction Company. The first application was a request to re- vise the Duckwood Trail Preliminary Plat to adjust Outlots A, B, and C. The second application submitted is to amend the Duckwood Trail Planned Development Agreement to eliminate an eighteen unit apartment building and add the eighteen units to the seventy-two unit condominium building to make this a ninety unit apartment complex. The final application submitted is a request for the annual review of the Duckwood Trail Planned Development which is to be considered as Item D (New Business). The Advisory Planning Commission considered-the first two (2) applications and is recom- mending approval of the amendment to the development agreement and the revised preliminary plat for Duckwood Trail to the City Council. For additional information on these two items, please refer to the City Planner's report, a copy of which is enclosed on pages 4}-1 through 41 for your reference. For action that was taken by the Advisory anning Commission, please refer to a copy of the minutes enclosed on pages _ through 4.q ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation' of the Advisory Planning Commission to revise the Duckwood Trail preliminary plat and also amend the Duckwood Trail planned development agreement as presented. 4-0 CITY OF EAGAN REVISED PRELD.1INARY PLAT AMENDt.ENT TO THE DUCn'iOOD SUBJECT: TRAIL PLANNED DEVELOPMENT AGREEMENT & ANNUAL PLANNED DEVELOPMENT REVIEW APPLICANT: BAP.-ETT CONSTRUCTION CORPORATION, RALPH WAGNER LOCATION: OUTLOTS A, B, C, DUCKWOOD TRAIL, SECTION 15 EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: SEPTEMBER 23, 1980 .DATE OF REPORT: SEPTEMBER 17, 1980 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED The first application submitted is a request to revise the Duckwood Trail Preliminary Plat to adjust outlots A, B, and C. The second application submitted is to amend the Duckwood Trail Planned Development Agreement to eliminate an 18-unit apartment buildi and add the 18-units to the 72-unit condominium building to make this a 90-1-mit condo- minium apartment complex. The third application submitted is a request for the annual review for the Duckwood Trail Planned Development.. COMMENTS On September 10, 1980, the Advisory Planning Commission reviewed the Duckwood Trail Planned Development for 1980. At the Annual Review, the Advisory Planning Commission requested that the annual review be continued until September 23, 1980 in order to review the new exhibits which are proposed to change. The concerns which were brought forth at the September 10th meeting regarded the Lot 2, Block 1, where no building would be constructed and that this parcel may go tax delinquent in the future. The second is the density of the planned development. According to the Planned Development Agreement which was initiated on May 20, 1980, the density allowed 310 dwelling units in the Duekwood Trail Planned Development. Wit the proposed site plan all 310 dwelling units are accounted for so no more buildings would be allowed. At the present time the applicant is working with the City Attorney to provide an agreement so that Lot 2, Block 1, Duckwood Trail would not go tax delin- quent in the future. REVISED SITE PLAN 1. When the proposed density was calculated for the Duckwood Trail Planned Development, it was based on the net useable area of the planned development. The proposed re- vision to the planned development would not increase the density which was approved in the Duckwood Trail Planned Development Agreement. 2. The new condominium proposed would contain 54 2-bedroom units and 36 1-bedroom units for a total of 90 dwelling units. CITY OF EAGAN REVISED FF_ELIMINARY PLAT - DUCKWOOD TRAIL SEPTFiTBER 23, 1980 PAGE TWO 3. Required parking for the 90-unit condominium apartment is 225 parking spaces which is 2.5 spaces per dwelling unit. The appli---ant is proposing 180 parking spaces, which is two spaces per unit with additional room to add the additional 45 spaces in the future if and when it is needed. 4. The City Attorney is working with the applicant to provide a way to make sure assessments and taxes will be paid on Lot 2, Block 1 of Duck-rood Trail, since no building permit will be issued for that particular lot. plat should be subject to the following conditions: If approved, the plat should be subject to the following conditions: A. Detailed landscape plans shall be approved by City staff prior to the construction of the second phase. B. The revised change should be subject to all the requirements of the Duckwood Trail plan development agreement. C. If the City determines additional parking is required, the developer shall install the additional 45 stalls within 9 months of notification by the City. D. All easements shall be dedicated as required by the Eagan City staff. 4Z, TO: THE ADVISORY PLANNING COT11AISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: THOMAS A. COLBERT, P.E., DIRECTOR OF PUBLIC WORKS DATE: SEPTU.IBER 17, 1980 RE: REVISED PRELIMINARY PLAT - DUCKNOOD TRAIL The Engineering Department has the following comments to offer in regards to the pro- posed revision: UTILITIES Utilities to provide service to this proposed plat and its subsequent revision are being provided for under Improvement 80-7 which is currently out for advertisement for bids. This will provide for the installation of required water main and future sanitary sewer when outlots A, B, and C are ultimately developed. STREETS Access to the proposed revision will remain the same as under the original prelimi- nary plat by way of publicly dedicated Duckwood Trail. GRADING AND DRAINAGE While the proposed revised plat provides for a change in the grading and drainage, this has been reviewed by the Engineering Department a~ found to be acceptable with minor revisions to the proposed storm sewer system. EASEMENTS AND RIGHTS-OF-WAY Additional easements will have to be dedicated providing for the relocation of water main and sanitary sewer for this proposed replat. The extent of the easements has not been determined at this time due to additional information to be received from the developer regarding their requested location. These easements will be determined and required prior to final plat. I will be available to address additional questions regarding this item at the Planning Commission Meeting of September 23, 1980. Respectfully submitted, Thomas A. Colbert, P.E. Director of Public Works TAC/jac CITY OF EAGMI REVISED PRELIMINARY PLAT - DUCKWOOD TRAIL SEPTEMBER 17, 1980 PAGE TINO ENGINEERING RECO1---~E"NDAT TONS 1. All additional easements must be dedicated as required by staff. 2. The internal proposed sedimentation pond under the original plat must be constructed as a part of the first phase of the Duckwood Trail plat. O W J p .c ia: ?3 t Zap a a = N LLI ~ x > Z •i .ti9 Q N ~~~W re:i2 OW Z x ~ a s.o H- Z J O I w 3 CL U .04 to , t j / / l 1 45 1 1 • ' N ' - " I MITI ~ 2Iit1 Ll~~ I.I. _ f ' I ti 1 1 ttt. t t s t . r--- - - - - - - -T' 'low , , ~ fti IS 4 in. t i ~ s...., r. YANKEE DOODLE ROAD CE3: ~eT, w8 Fes--- I ''I' IIII I III I,I r s-•~• t i ! 11 I~ i t I ~ I rr• • r ,I r. I: II/.•i~ I- i) II!` II ~I,I ~i t•('• -.tom C.'~/' r-- II I / .-f-•• WES OTT GARDEN 1.~. , . /,~•l t C I ~ ,J h 4 P D ~Pfh 1 " y~ - ~~._1-~•..~ cam. ~ .F~~' R~;, ~ ~ 1• ~ t .:~~'rL . ~•-r•: . ~ ^ /,.L , ~ i mow. ir w:r,. Z.." SUBJECT TO APPROVAL MINUTES OF A REGULAR MFETING OF THE FAGAN ADVISORY PLANNING CnyMISSION FAGAN, MI"'NFSOTA SEPTE`IBER 23, 1980 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, September 23, 1980 at 7:00 p.m. at the Fagan City Hall. Present were Chairman Harrison and Members Hall, Krob, Gits, Wilkins, Bohne, and Turnham who served as alternate for Roszak. Also present were Public Works Administrator Colbert, City Engineer Rosene, City Planner Runkle and City Attorney Hauge. MINUTFS J. July 9, 1980 minutes. Upon motion made by Wilkins, seconded Bohne, all members voting in favor, the minutes of the July 9, 1980 meeting were approved. 2. August 27, 1980 minutes. Upon motion made by Gits, seconded Hall, all members voting in favor, the minutes of the August 27, 1980 meeting were approved. LEXINGTON STANDARD CORPORATION Lexington Standard Corporation informed the City on September 17 that it is requesting to withdraw its application for conditional use permit for outside storage and preliminary plat on Lot 6, Fagandale Center Industrial Park No. 2. BAR-F.TT CONSTRUCTION COMT'A v'Y PUD AGRF FNfFNT REVISED PRELIMINARY PLAT AND ANNUAL REVIEW Chairman Harrison opened the public hearings concerning the application of Bar-Ett Construction Company for amendment to Duckwood Trail Planned Development Agreement, located on Outlots A, B, and C, Duckwood Trail, in Section 15, for revised preliminary plat cf Duckwood Trail, and for annual review of Duckwood Trail Planned Development. Mr. Ralph Wagner was present on behalf of the applicant. The applicant is requesting to eliminate the 18-unit apartment building located on Lot 2, Block 1, Duckwood Trail and add the 18 units to the 72-unit condominium building located on Outlot A. Lot 2, Block 1, Duckwood Trail would then be used for overflow parking for the 90-unit condominium building. There were concerns by Planning Commission members about the amount of parking and the size of the parking spaces, noting that a revision to the requirements had been permitted for underground parking. An agreement concerning the parking had been submitted to the City and it was also noted that no further units can be built under the Planned Development other than those that were provided by the Planned Develop- ment Agreement. After discussion, the following action was taken: 48 APC :Minutes September 23, 1980 Page Two 1. Preliminary Plat. Krob moved to recommend approval of the revised prelimi- nary plat, Gits seconded the motion, all voted in favor, subject to the following conditions: a. Detailed landscape plans shall be approved by City staff prior to the construction of the second phase. b. The revised change shall be subject to all the requirements of the Duckwood Trail Planned Development Agreement. C. If the City determines additional parking is required, the Owner or Owners shall install the additional sufficient stalls within 3 months of notification by the City or within a reasonable time as determined by the City depending on weather conditions. d. All easements shall be dedicated as required by the Eagan City staff. e. The internal proposed sedimentation pond under the original plat must be constructed as a part of the first phase of the Duckwood Trail plat. f. That an acceptable agreement be entered into with the City concerning the parking area. g. That the PUD Agreement will be revised to control the parking area. h. Homeowners Association Bylaws be received by the City. 2. Planned Development Agreement Amendment. Wilkins moved, Hall seconded the motion to recommend approval of the amended agreement to encompass all revised pro- visions. All voted in favor. 3. Annual Review. Hall moved, Wilkins seconded the motion, to recommend approval of the annual review. All voted yes. ZACH'MANN HOMES WAIVER OF PLAT The Chairman convened the next public hearing regarding the application of Zachmann Homes, Inc., for waiver of plat in order to subdivide fourteen twin home lots for single ownership of each unit covering Lot 1, Block 1, and Lot 1, Block 6, Cedar Cliff Addition and Lots 1-12, Block 2, Cedar Cliff 3rd Addition. Mr. Runkle reviewed with the APC the research that is being conducted by the staff concerning methods of platting duplex or twin home lots so that each individual lot would not have to be approved by the City once the foundation is completed. Two methods include the platting process and waiver of plat, both requiring public hearings. The staff recommended that all fourteen splits be approved at one time and that the staff issue the waiver of plat with each building permit when each building permit request is submitted. Mr. Steve Ryan appeared on behalf of the applicant. He explained that there are a total of 17 twin home lots but only 14 lots have been platted at this time. When the third phase is platted, an application will be sub- mitted for the three remaining lot splits. 41 Agenda Information Memo October 17, 1980 Page Eleven ANNUAL REVIEW - DUCKWOOD TRAIL PUD D. Bar-ett Construction for Annual Review for Duckwood Trail Plan- ned Development As you recall, the annual review of the Duckwood Trail Planned Development was first considered at a special joint meeting of the Advisory Planning Commission and City Council on September 10, 1980. At the annual review, the Advisory Planning Commission requested that the annual review be continued until September 23, 1980, in order to review the new exhibits that were considered as -a part of the change for Item C above. The Advisory Planning Commission considered the changes and is recommending approval of the annual review to the City Council. For additional information on the matter, please refer to the City Planner's report enclosed. on pages 4-1 through "7 for your review. For addi- tional information ease refer to t e APC minutes enclosed on pages 46 through A q for your review. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the Advisory Planning Commission. WAIVER OF PLAT - CEDAR CLIFF ADDITION E. Zachman Homes, Inc., for Waiver of Plat to Subdivide 14 Twin Home Lots for Individual Ownership, Located in the Cedar Cliff Addition A public hearing was held at the September 23, 1980, APC meeting to consider an application submitted by Zachman Homes Inc. for a waiver of plat in order to 'subdivide 14 twin home lots for single ownership of each unit. Action was taken by the APC to recommend approval of the waiver of plat to the City Council per conditions as outlined. For additional information on the matter, please refer to the City Planner's report, a copy is en- closed on pages .51 through 5 7 for your review. For a copy of the action that was taken by the APC, please refer to those minutes enclosed on page s? for your review. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the Advisory Planning Commission. 50 CITY OF EAGAN SUBJECT: WAIVER OF PLAT APPLICANT: ZACHMAN' HOIES, INC. LOCATION: LOT 1, BLOCK 1 and LOT 1, BLOCK 6, CEDAR. CLIFF ADDITION LOTS 1-12, BLOCK 2, CEDAR CLIFF 3D ADDITION EXISTING ZONING: R-2 (UNDER A PLANNED DEVELOR)ENT ) DATE OF PUBLIC HEARING: SEPTEMBER 23, 1980 DATE OF REPORT: SEPTEMBER 18, .1980 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBIJITTED An application has been submitted for a waiver of plat in order to subdivide 14 twin home lots for single ownership of each unit. CCFSENTS For the past year the City staff has been researchingja way to plat duplex or twin home lots so that each individual lot would not have to be approved by the City once the foundation has been completed. At the present time, there are only two ways.to subdivide property. The first is the platting process. The second is the waiver of plat. Both require public hearings and consume a great deal of time. In order to avoid the applicant having to submit 14 applications for 14 lot splits, the staff is suggesting that the Advisory Planning Commission and City Council review all 14 splits at one time and staff would issue the waiver of plat with each building permit which is submitted. In the past, the City has already done this procedure. This was when Tilsen requested to subdivide the duplexes on County Road 30. The City Council granted a blanket waiver subject to approval by staff, so the applicant only had to come before the City one time. If this is agreeable with the Advisory Planning Commis- sion and City Council, we will treat the application•for Zachman Homes in the same manner. During the past year, Zachman Homes has platted two additions. First is the Cedar Cliff and second is the Cedar Cliff 3rd Addition. Within these two plats, there are 14 twin home lots. There are three twin home lots in the Cedar Cliff 2nd Addition which have not been platted at this time. Therefore, the original 17 lot splits which were requested is reduced to 14 at this time, and the applicant will have to reapply for the additional three when Cedar Cliff 2nd Addition is platted. Zachman Homes is proposing three different types of twin home units to be built on the lots. There is an illustration in this report showing how each of the three individual twin homes would be subdivided. If approved, the waiver of plat should be subject to the following requirements: 1. That each unit of the twin home has individual utility services. s ~ 2. All other requirements and setbacks be met in accordance with the planned development agreement for Cedar Cliff Planned Development. r. .16 ~P-, - M, ZACHMAN HOMES August 27, 1980 Eagan City Council: Eagan Planning Commission City Administrative Offices 3795 Pilot Knob Road Eagan, MN 55122 Dear City Officials: As you are aware, Zachman Homes, Inc. requested and received approval of its Cedar Cliff plat and PUD plan in 1979. That plan included 17 lots which would ultimately be developed with twin home-two family condominiums. Prior to the final platting of the first phase of Cedar Cliff, we discussed various final platting approaches for these double lots with City Staff, and concluded that due to the need for accurate "as built" survey information, the subdivision for twin homes (two family condominiums) should occur after the foundations were constructed. Based upon that conclusion we requested and received approval for our first and second phase final plats, both of which reflected our double lots as merely larger single lots. At the present time, we have constructed our first twin home and have prepared an "as built" survey of the lot split as it relates to the exact locatfon of the center common wall on the lot. In discussing more specifically, the method for splitting the double lots with Mr. Runkle of your staff, we were told that the lot split would involve a waiver of platting, though would still necessitate'a public hearing with the Planning Commission prior to approval by the City Council. Since we had proposed to develop all double lots with twin home-two family condominiums, (which involves separate legal descriptions for each unit) at the previous public hearings on our plat and PUD request, it is our impression that the subdivision implications of our current request have already been properly and thoroughly explained to all interested citizens and that our' previous approvals provided an implied approval for our current request. Please understand it is not our intention to question the City's procedure in this matter,.but rather, to request that the City Council and Planning Commission members consider, in light of past circum- J~ 7760 MITCHELL ROAD, EDEN PRAIRIE, MINNESOTA 55343 (612) 937-9520 ZACHMAN HOMES stances, a method for approving all of the twin home lot splits under one public hearing procedure. We would anticipate providing "as built" surveys and requesting lot splits for the final 16 twin home structures over a period of one year. Each lot split will be funda- mentally the same with the only variable being the legal description. Since meeting the criteria of our previous PUD approval (as it relates to.setbacks and use), is the only constraint to our requested lot split, it would seen that staff review and approval would be adequate to accomplish the spirit of our mutual objectives. We would greatly appreciate your thoughtful consideration in this matter, and would hope that our request seems as logical to yourselves as it does to us. If you should have questions regarding our request please do not hesitate to contact me. Respectfully, Ste hen T. Ryan Director of SubdivC~sions V STR/jb 7760 MITCHELL ROAD, EDEN PRAIRIE, MINNESOTA 55343 (612) 937.9520 CALVIN H. HEDLUtD 9609 Girard Avenue South Bloomington, Minnesota 55431 Land Surveyor Clvll Engineer Phone : 888-2080 serve ar`s G'e~~< <cate JOB NO. SURVEY FOR: Zachman Homes DESCRIBED AS: PARCEL A: . The North 40.00 feet of Lot 1, Block 1, CEDAR CLIFF, City of Eagan, Dakota County, Minnesota, and reserving the easements of record. PARCEL Bt That part of Lot 1, Block 1, CEDAR CLIFF, City of Eagan, Dakota County, Minnesota, lying south of the North 40.00 feet of said Lot 1, and reserving the easements of record. CEDAR AVENUIE ' 899 3 3o ) 00. 0 904.0 5 O°00' 3 "W 1 3 I 1 I PAF7CEL B PARCEL AI _let- a- V 1 9oS.S Sasemem Floor. 40 I 17- ;~I Garage F loor• 904.9 +10 Proposed Elec.'s Q Ot1.V \ W110 E%i5 ln9 Elev.'s lnCA ,off 905 Z a- _ -j -Co__ z~_ 2 Denotes Drainage _ ( TW IN HOME iLL - LL I N Thu GAQ rlu GAR l 1 ? 4,,/ Z „ 24, yZ., I I A_ 04. 5104.6 ' I ^1 VE DRIVE 30 N 0°°4' l' W 9o3.z 100. 90Z. 1e o a M M 903.0 CL.IFFVIEW DRIVE 9oz•3 } CERTIFICATE OF SURVEY I hereby certify that on 7/Z2-/8D I surveyed the property described above and that 1he above plot is a correct representation Koffsaid survey. Colvin H. Hedlund, Minn. Req. No. 5942 • Z g O D t` p J J J 3 w J rr F- ~ i _ a a .c+s ,ae .M .wn ./s .62 .ah .oh 1 i ~ ~ • ~ ~ I ~ • a GLIJ M __A d , _ ~~Y ' - ,III' ' i _ - - - ~ ~ ~ I~ - _ _ - I a - - - I ' i ~ A ~ a .~o ; ~ ~ ~ ~ I r 1 ,aA ./A ,Oh ,IA ,ob ,oh ,O1'9 ,QB ,02~ • EXHIBT CLEQF PROPOSED LAND USE • P,>r, •.EO J..T OEVEI:. ~'E'rT DEDICATED AREAS - PAPK •CRESD~'*E•.CRr•.EaS- CORKER OF CF ::A sVE L :.sF Rp eRESE!rt Ov.•~R wf COrrvEF C'4 DE~E~_P~=•,T d+ ww t7 tik C}r••. a3 K AESC.v'UK DEA_--VENT 9T PLAT DESCH s•cr.w nares t PROPOSED PARK EsiSING ZON,NG PQOPCSED ZON,NG .0 i =RELIMINARY % . SCALE: 1'r~ DATE: •uG~sr v wr9 ' •••..Kw a•~.t hOGTH POII><T: IN TWIN HONES - - - e - RAHN PAr[t H90 AC P:S SINGLE FAMILY Hni"ES ADDCPz r DEVELG?::EIJT n 32 10 ACRES ~ • nw-or[ .ors I_ 1:13 put, 4icl.••. JN d[• w~f C•(f / CO!:~IE :C1AL } - DLVELOPNEIZT le ?G ACRES ~ N!/. .•i -e ee•.i.on.e.. •o a .es-. a .o ~j v •u A_ ~.esf o f+ test s OFFICE OFFICE COMMERCIAL = COMMERCIAL fir, , / +a1s , 1 1 ' I I I I I 1 1 1 1 ! , i 1 VII i. :7: ICI I i - I ~ ~I 1~ . i I I I I I I r• iIl II I ~ r. I II II I II I f h7 - '1 l•~- ~ I I I I ' Illl I + y ` ~3' f1! 1 I 1 LA. R. r-Q~ i-' j {n \ I I ~ I' r •1.•: ,'1 + I I 'II~ Ilt II li!II Ii~I1~I C'~r O.~ I~\~ I~I ~IfI III I II I, ~I 'IIII~ I,IjIi'I, / \ I L,I I - - - _ _ 11 I II 1!'III :IIIIIi 1 Illl:illl!''~~/ / /j' RIVER TEST ENTER 1 = SIG NANT , - - SLAT 1•i cz~ Jam/ ! . 'It / QQ 2 ~'y 3~~,1 .01 U 77 41 I j ' } APPLE Q / 1ALLEY APC Minutes September 23, 1980 Page Two ZACH: z%N, HOMES WA IVFR OF PLAT The Chairman convened the next public hearing regarding the application of Zachmann Homes, Inc., for waiver of plat in order to subdivide fourteen twin home lots for single ownership of each unit covering Lot 1, Block 1, and Lot 1, Block 6, Cedar Cliff Addition and Lots 1-12, Block 2, Cedar Cliff 3rd Addition. Mr. Runkle reviewed with the APC the research that is being conducted by the staff concerning methods of platting duplex or twin home lots so that each individual lot would not have to be approved by the City once the foundation is completed. Two methods include the platting process and waiver of plat, both requiring public hearings. The staff recommended that all fourteen splits be approved at one time and that the staff issue the waiver of plat with each building permit when each building permit request is submitted. Mr. Steve Ryan appeared on behalf of the applicant. He explained that there area total of 17 twin home lots but only 14 lots have been platted at this time. When the third phase is platted, an application will be sub- mitted for the three remaining lot splits. Upon motion by Hall, seconded by Gits, it was RF.SOLVFO that the Planning Commission recommend to the Council approval of the waiver of plat subject to the following conditions: 1. That each unit of the twin home have individual utility services. 2. All other requirements staff set be in accordance with the PD Agreement for the Cedar Cliff P.D. Mr. Colbert mentioned that there may be a need for a sidewalk along the east side of Nicols Road. The APC stated a motion has already been made a 14 lot splits and this request should be worked out prior to the Octobero21,1g1980 City Council meeting. J • Agenda Information Memo October 17, 1980 Page Twelve CONDITIONAL USE PERMIT - BERNARDE AND FOLEY F. Vasco Bernarde and Jim Foley for Conditional Use Permit for On Sale 3.2 Beer and Wine License Located on Lot 1, Block 1, Bay 17, Eagan Metro Center A public hearing was held to consider the application submitted by Vasco BErnarde and Jim Foley for a conditional use permit to allow on sale 3.2 beer and wine in a general business district. Action was taken by the Planning Com- mission to recommend approval to the City Council on this applica- tion. For additional information on this matter, refer to the report prepared by the Planning Assistant, found on pages (no through For action that was taken by the APC, please re er to the minutes on page 6 2_ ACTION TO BE CONSIDERED ON THE MATTER: To either approve or deny the recommendation of the APC to approve 'a conditional use permit for an on-sale 3.2 beer and wine license. s CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: VASCO BERNARDE AND JITA FOLEY LOCATION: LOT 1, BLOCK 1, BAY #17, EAGAN METRO CENTER, SECTION 17 EXISTING ZONING: GENERAL BUSINESS DISTRICT DATE OF PUBLIC HEARING: SEPTEMBER 23, 1980 DATE OF REPORT: SEPTEMBER 18, 1980 REPORTED BY: KURTIS G. ULRICH, PLANNING ASSISTANT APPLICATION SUPMIITTED An application has been submitted for a Conditional Use Permit for an on-sale 3.2 Beer and Wine License. COMMENTS 1. Ordinance 52 requires that a conditional use perrqit be granted before the issuance of a 3.2 Beer and Wine License in a general business district. 2. The applicant'is located within a general business district and is not in close proximity to residential. areas. 3. The board may consider limiting the hours of operation if deemed necessary. 4. In granting a conditional use permit, all other ordinance requirements shall be complied with. ~O - _ i ' ~ 1. - R4 PARGE' } r. - f . j•'. i _ _ R-1 H(W 12 I . jij i,,.• J Jc I~,,tl LLJ T\ ' ~,ir~ PPS (IIi f l!~I ~i,i ` iljl~~~jllt;~ zZjC r , -_••1~ ~P Iii~ll~ I~+~IIIjIIIt j'am';'?~~+'•'tAV > t. ~~a3~-i • ,,jII~~II; t 1* ' 4 l +r ~a+ia LJ f31LLA R 41 REE 1 r~^ it t, c ' Y: :JL Y. v p D" 'C CIE :I: F j _ NOf }1R~t - ' APC `finutes September 23, 1980 Page Three JIM FOLEY CONDITIONAL USE PFRMIT SILVER BELL CENTER A public hearing concerning the application of Mr. James Foley and Vasco Bernardi for conditional use permit for on-sale 3.2 beer and wine license on Lot 1, Block 1, Bay 17, Eagan Metro Center consisting of Silver Bell Shopping Center was next convened. Mr. Foley was present. There were concerns about the number of on-sale beer and wine licenses and also that the area would be a hangout for young people. Mr. Foley stated that the barbeque restaurant will have a bar and he stated that his hours will be 11:00 a.m. to 11:00 p.m. on Mondays through Thursdays and 11:00 a.m. to 1:00 a.m. on Friday and Saturday nights,,being closed on Sundays. Hall moved, Gits seconded the motion to recommend approval of the application subject to: 1. Compliance with the hours stated by Mr. Foley. 2. That the licensing process including the approval by the Police Chief be complied with. 3. That the applicant comply with all other applicable ordinances. All voted in favor. l~J Agenda Information Memo October 17, 1980 Page Thirteen BEER LICENSE BERNARDE AND FOLEY G. Vasco Bernarde and Jim Foley for Beer License for 1985 Silver Bell Road Mr. Foley, in the name of "Briar Patch Tavern" is making an application for a 3.2 non-intoxicating malt liquor license for 1985 Silver Bell Road. The non-intoxicating liquor license would be effective November 1, 1980. The application has been reviewed by the Police Department. For additional information regarding the applicants, please refer to the personal information sheet which is enclosed in your packet but not given a page number. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the 3.2 beer license as applied for by Jim Foley. (There is no applica- tion of record for wine.) MEDITERRANEAN CRUISE RESTAURANT H. Mediterranean Cruise Restaurant for Hussein Ansari for Condi- tional Use Permit for 3.2 Beer and Wine License, Pylon Sign, Ciga- rette, On-Sale Wine and Beer License `A public hearing was held to consider two (2) conditional use permit applications submitted by Mr. Hussein Ansari. One application was submitted for a condi- tional use permit to allow an on sale 3.2 and wine license. The second application for a conditional use permit to allow a pylon sign. Action was taken by the APC to recommend approval of both applications as submitted. For additional information on this matter, please refer to a report prepared by the Planning Assistant, found on pages through (6-7 For additional information on the action t a taken by the APC, please refer to the APC minutes. A copy, is enclosed on page (e! . ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the APC regarding the approval of the two afore- mentioned conditional use permits. Applications were also received for a cigarette, on sale wine and beer license for the Mediterranean Cruise Restaurant. The cigarette license is in order for consideration. Information relating to the on sale wine and beer license applications is enclosed but not given a page number in each packet. The police department has reviewed these applications. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the on sale wine and 3.2 beer license as presented for consideration. To approve or deny the cigarette.license as presented for considera- tion. • CITY OF EAGAN SUBJECT: TWO (2) CONDITIONAL USE PERMITS APPLICANT: MR. HUSSEIN ANSARI LOCATION: LOT 5, BLOCK 1, BARTON McGRAY ADDITION, SECTION 19 EXISTING ZONING: LIMITED BUSINESS DISTRICT DATE OF PUBLIC HEARING: SEPTEMBER 23, 1980 DATE OF REPORT : SEPTEMBER 18, 1980 REPORTED BY: KURTIS G. ULRICH, PLANNING ASSISTANT APPLICATION SUBMITTED 1. An application has been submitted for a conditional use permit for an on-sale 3.2 Beer and Wine License. 2. An application has also been submitted for a conditional use permit for a pylon sign. COMMENTS (ON SALE 3.2 BEER AND WINE LICENSE) 1. Ordinance 52 requires that a conditional use permit be granted before the issuance of a 3.2 Beer and Wine License in a Limited Business District. 2. The applicant is located within a general business district and is not in close proximity to residential areas. 3. The board may consider limiting the hours of operation if deemed necessary. COMMENTS (PYLON SIGN) 1. In the past, the Country Kitchen Restaurant had been granted a conditional use permit to erect and maintain a pylon sign similar to the one currently under consideration. 2. The proposed sign is allowed within a Limited Business District if granted a conditional use permit as required under Ordinance 16. Such a sign would be in.keeping with the character of'the area. 3. The proposed sign is 27 feet in height with 60 square feet of signage. CITY OF EAGAN CONDITIONAL USE PERMITS - MR. HUSSEIN ANSARI SEPTEMBER 23, 1980 PAGE TWO If approved, the pylon sign shall be subject to the following conditions: 1. The pylon sign is allowed in lieu of a free-standing ground sign; only one pylon sign is allowed per building.. 2. The pylon sign may not be located within 300 feet of any other pylon sign, measured on the same side of the street. 3. The pylon sign shall not project more than 27 feet above the lot level. 4. The pylon sign shall not exceed 125 square feet in area. 5. The sign shall not be located nearer than 20 feet from any street or highway right-of-way, nor nearer than 10 feet from any property or dividing line. 6. The sign shall be in conformance with all other applicable ordinance requirements under Ordinance 16. ~ S Nl~ o k a 1 L 's MLI L► i• \ J1 Vd - VIE &MOO .x•11 ~ ` ~ t"lkv IF RE£N.~: ~ ~ %/fir r// r r ~ .r,~.• i, i. (f ct ,'Vt , '1 ' 1 /r ~ . iii. ' i ti~ .It r ~ j; ~ to 1 ~ I • ~ . C3'::: f► p. a~ r ~ ' ' ' iii' 1Q 1 n: September 23, 198 Page Four MEDITERRANEAN CRUISE CONDITIONAL USE PERMITS The Chairman convened the next public hearing regarding the application of Mr. Hussein Ansari for two conditional use permits for on-sale 3.2 beer and wine license and for pylon signs for the Mediterranean Cruise Restaurant at the former Country Kitchen restaurant on Lot 5, Block 1 Barton McGray Addition. Mr. Ansari was present and stated that the restaurant will serve Middle East and Mediterranean food and that its hours will be 7:00 a.m. to 11:00 p.m. Monday through Thursdays and 7:00 a.m. to 12:00 midnight on Fridays, Saturdays and Sundays. There were questions concerning his experience and compliance with the sign policy. The restaurant would seat 86 persons maximum and the parking appeared to comply. There were no objections to the application. Gits moved, Wilkins seconded the motion, to recommend approval of the conditional use permit for the on-sale 3.2 beer and wine license subject to the following: 1. Compliance with the hours stated by Mr. Ansari. 2. Subject to approval of the necessary licenses by the City Council. 3. Compliance with all required ordinances. All voted yes. Then, Gits moved, Hall seconded the motion to recommend approval of the appli- cation for pylon sign subject to the following conditions: 1. The pylon sign is allowed in lieu of a free-standing ground sign and only one pylon sign is allowed per building. 2. The pylon sign shall not be located within 300 feet of any other pylon sign, measured on the same side of the street. 3. The pylon sign shall not project more than 27 feet above the lot level. 4. The pylon sign shall not exceed 60 square feet in area. 5. The sign shall not be located nearer.that 20 feet from any street or highway right-of-way, nor nearef than 10 feet from any property or dividing line. 6. The sign shall be in conformance with all other applicable ordinance requirements under Ordinance 16. All members voted yes. . 6$ Agenda Information Memo October 17, 1980 Page Fourteen RODGERS - VARIANCE FOR LOT COVERAGE I. Alan E. Rodgers for a Variance to Exceed the Lot Coverage for the R-1, Residential Single District This application was con- tinued by the Advisory Planning Commission until the October 28, 1980 APC meeting. Therefore no action is required at this meeting. FITZGERALD - SIDEYARD SETBACK J. Robert S. Fitzgerald for a 3-Foot Side Setback Variance Located on Lot _11, Block 6, Cedar Grove #4 A public hearing was held to consider an application for a 3 foot side setback variance to construct' a garage on Lot 11, Block 6, Cedar Grove #4. Action was taken by the APC to recommend approval of the variance applica- tion to the City Council. For additional information regarding this application, refer to a report prepared by the Planning Assistant found on pages 77 0 through 77 . For action that was taken by the APC, re er to the AP minutes found on page T9 ACTION TO BE CONSIDERED ON THE MATTER: To either approve or deny the recommendation of the Advisory Planning Commission to approve the side setback variance as stated. 61 w . 0 CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: ROBERT S. FITZGERALD LOCATION: LOT 11, BLOCK 6, CEDAR GROVE #4, SECTION 30 EXISTING ZONING: R-1 (RESIDENTIAL SINGLE) DATE OF PUBLIC HEARING : SEPTEMBER 23, 1980 DATE OF REPORT : SEPTEMBER 18, 1980 REPORTED BY: KURTIS G. ULRICH, PLANNING ASSISTANT APPLICATION SUBMITTED: An application has been submitted for a 3-foot side setback variance. COMMENTS: 1. Lot 11, Block 6 has a total square footage of 9,340.56 square feet and lot coverage is within the allowable limits. 2. Mr. Fitzgerald wishes to place the proposed garage fronting on Cedar Avenue. Access off of Cedar Avenue would be provided by an existing driveway. 3. The lot's 3-foot side setback is abutting the parking lot of the Peace Reformed Church. A structure allowed under the variance would not sig- nificantly encroach upon the physical or visual space of existing struc- tures on the adjacent parcel. 4. The variance would not encroach upon any existing easements. 5. 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'u t f c Ll'G1.Ll /~t✓ a G Auf .L~'~' Ct.~'-~ ~LC !LCD tlv ~`C.`•-~C~''! 11-- ~C a~L do rl ~.~,`Ltxc c~1L . Aid i I ~ ~ J a J a I hl • I i ~I s.7- 3o. 0 Z _ f v 1 z7, i 1 j 1'I i } L T7. d 1 / 1 ~a Lwad V/4" xry "7S r1, Sa/s kslisq Mrrrv~v'~ZS)1• ENGINEERING, INC. CMl b .tA..~aftol su~l s~d6i llyff" En9ineers Surveyors - aage Loan Survey for L e da r ('rove C'o n s f Co PIZ r j tc i W 300 Scale: 1'-40' i V e Ak + ~ r _120.14 t 04A&~es Wilily Oraln.ge EmoeweAf LOT BLOCK( CEDAR "GROVE No. 4 r DAKOTA COUNTY I" - a k.ada"WC1 mp"sm/,,m O'a ,r e.~• t nerd. d~~c' r ~a a : Y's ft* &I, Own F1 4wj prrad a 4t~r1y .,r as s asta~'~ ~l~rtia~rr ~wah .,~,~,t ~ .Jl~r i ndso►, . soli ter . Mo c~dsnd4~l ~d~yrtrd rm s /ire e►, p(~e11 ~(r ~t~apas ,~l,~xs it mr . A~fdl s d~„i(! I~ ~Qn L` SLOORMN M61NEEM6, AC. bgaars rr►d ~ ~ . - ~C7 br-4.4- 3A K k. T 04 iJL } ELL ..V.. I \ .•~'.f ~ .III 'R4. I rM `:7 .1 3 ~ ~P III'.: cif, ~!II i~~l'I►' , ' ~~F~~.1~ ILI 00 t 141 ~ ,,1!!!I, ill;, ! , t Im FALL 00 F. REEN./~ T-T- 17 P - - X i - * i,1 : " :.,:Q: r p0 A : :Sr• v: i NOf SRN.. APC Minutes September 23, 1980 Page Five ROBERT S. FITZGERALD 4316 CEDAR AVENUE VARIANCE The public hearing regarding the application of Robert S. Fitzgerald for variance to provide for three-foot side setback variance on Lot 11, Block 6, Cedar Grove Number 4 at 4316 Cedar Avenue South, was next opened by the Chairman. Mr. Fitzgerald was present and there were no objections to the application. Written consent was acquired from all neighboring affected property owners. It was noted that there is no existing garage on the lot. Hall moved, Wilkins seconded the motion to recommend approval of the application basing hardship on the fact that there is no garage on the lot. All voted in favor. -79 Agenda Information Memo October 17, 1980 Page Fifteen WIND GENERATOR - PAUL GRIEBEL K. Paul Griebel for Wind Generator Permit Mr. Paul, Griebel, who resides at 1636 Walnut Lane, has approached the City of Eagan asking whether he can receive permission to locate a wind generator on his property. The City of Eagan does not have provision within its ordinance to allow a wind generator; and, therefore, if any consideration is to be given to this application, review is required by the City Council. A special permit would therefore be required. Ordinance 52.0619A limits heights of antennas and flagpoles in an R-1 area at 150% of a primary structure or an average of 37.5 feet. Mr. Griebel has stated, "The wind generator would be a single pole with a three bladed propeller. The height of the pole would be dependent on wind current. The higher the pole, the greater the wind speed. This would be all wooden blades (to protect against TV interference), approximately 16 feet in total diameter. The product is fully warranted to meet all health, safety and environ- mental standards." The applicant is planning to build on to the rear portion of his property which abuts the proposed Safari Shop- ping Center Development. The Chief Building Inspector stated that, if a special permit is considered, the following considerations should be given: 1. The generator must be approved by a recognized testing agency. 2. An electrical permit be required and the electrical codes met to the satisfaction of the electrical inspector. 3. A building permit be required and the structural codes and setbacks be met to the satisfaction of the building officials. Mr.' Peterson has also indicated that written approval from the Woodgate Homeowners Association should be submitted before issuance of permits. The Building Inspector has provided some information regarding Dakota Wind & Sun Wind Generators and Accessories that might be of interest to the `City Council. Copies are enclosed on pages ! O through $ ( The whole issue of wind generators and solar access is important and should be addressed when comple- ting the final review of the Subdivision Ordinance and any amend- ments to Ordinance #52. It appears this wind generator would not affect property owners, realizing its location abutting a proposed commercial development. However, a number of considerations should be given for future wind generators and related solar and/or wind generation equipment, therefore creating the need for additional ordinance regulations. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the special permit request of Mr. Griebel for a wind generator permit or continue the matter until ordinance regulations can be further reviewed that address the entire issue of solar and wind generation. -7q Eiv'MGY wORID, INC. RR 2 BOX 84 OLIVIA, M 56277 (612) 523-2150: Dakota Wind & Sun Wind Generators and Accessories- TumicAL DATA AND SPECIFICATIONS LYNNER MACHINES: Upwind, direct drive, silent running, wooden blades (no TV flicker), output starts at 5 to 6mph, full at 23 mph. Warranteed to operate safely through 100 mph winds. 25-30 years' before overhaul. Recommend shutdown at 65 mph due to flying debris above these speeds. Each is an alternator with rectified output (DC).* Will operate either synchronous or in battery charging mode with DWS inverters. V071AGR OUT TUBBIWE RPM CASE LENGTH(appron) WT.(lbs) 2KW LYNNER SPECIAL 12-48 10' 450 14' 16' 500 3KW LYNNER 140-170 12' 371 14' 16' Soo SKW LYNNER 140-170 16' 288 17' 24' 600 BKW LYNNER l<0-170 sL 20' 227 20' 30' 1,000 15KW LYNNER 140-170 27' 166 26' 40' 2,000 5OKW LYNNER 220-660 50' _ 91. 28• , 60' 7,000 150KW LYNNfiR 220-660 86 52- 40' 100' 21,500• Turbines are automatic feathering, designed to operate through 150 mph. The three blades are of Sitka spruce. Or for extremely severe service, 15 or more laminated layers per thickness inch of special woods--virtually impossible to split. Tails have a fail-safe furling configuration. Special voltages to accomodate other services or inverters, such as Gemini types, are available for an additional set-up charge. ALL MACHINES CHARY A THREE-Y&AR LIMITED WARRANTY ON PARTS, LIGHTNING, AND WIND TO 100 MPH. INVERTERSs RAMSON MULTIVERTERS (a division of DMS) RMC (controller)s liW constant operation from batteries with coasting power drain of less than 1/4 amp, which is less than the self-discharge rate of a battery bank (about 25 watts). Will control any size slave connected; and activated on demand or operated continuously in unison when used in synchronous service. - RMS (slaves): Units added to a controller to supply any additional amount of power needed. RMC-RMS (combinations): Each is designed to produce a stepped square wave, modified to eliminate noise (hum, buzz, etc.) through the fifth harmonic. They are transformer coupled to further smooth the stepped square wave and isolate DC voltages from the line. (This configuration produces essentially AC with very little noise--only very cheap radios would be sensitive to noise, requiring a small filter.) Some motors and other appliances that might be prone to overheat on ordinary square waves would work OE with RMC-RMS. In battery service, the crystal oscillator will provide 60 Hz plus or minus 1/2 cycle. Will sync exactly with the utility sine wave (in synchronous service) within the limits of 57 to-63 Ha--will not sync to any spurious signal outside these limits. Thus, it-ignores other noise on. the line (such'aa voltage spikes produced by. motors). It will not interact with any other inverter on a common line. - ALL RANSON MULTIVERTERS WILL OPERATE EITHER SYNCHRONOUS OR BATTERY1 SO OR 60 Hz. DC nont ~~LLi3L IRKS f2ia4e) Rfzes• 108 108-216 - 29W, 4KW, 7RW, 14fW, 19XW, SORW, 15OKW 135 135-270 - TOTAL WATTAGE CAPACITY IS TOTAL OF SLAVE UNIT PLUS RMC (Controller) of 1KW. All units are metered, - fused with proper breakers, have fault lights, and come with operator instructions. Repairs are quickly done on site (no shipping to the factory required). Spare parts are exchanged by fast mail. One year limited warranty. THREE PEASE SYSTEMS ARE AVAILABLE BY SPECIAL ORDER. HIGHLAND HURRICANE TOMERS (division of DWS) • s.F~ r - These towers are engineered to remain stable in winds. as high as 150 mph (1/2• ice coating limit) to accomodate the live loading of a wind machine. FS towers are free-standing.- FSSE towers are free-standing, self-erecting. Each is equipped with extra guying points if winds in excess of 150 mph could be anticipated or where local ordinances might require additional safety measures. All towers are heli-arc welded and weigh 500 or more than competitive towers.- None are galvanized, since this coating can become unsightly in a very short space of time. Also, we now experience. 'acid rains' which severely shorten the life of this coating. Freight companies cannot be relied upon to handle freight caref ullyl nearly always it will arrive with scrape marks which will rust immediately, requiring painting. All BHT towers are primed and ship ~ad.with touch-up primer (for freight scrapes). A final coating of very high quality white paint similar to that used to protect ocean-going ships is included. White was selected for two reasons: (1) This color is always attractive and will not clash with any other colors (2) In the event of moisture intrusion, the resulting rust will appear as rust streaks within a very few days and can be quickly repaired before any damage can occur. This coating. can be applied witb•a brush or a small compressor-sprayer. .r -go s. Z PRAIS2 S-u t~ly, 1980 LYNNER MACHIAES All Dw_ machines are direct drive for efficiency, thus low working wind speeds. Designed to operates synchronous or to charge a battery bank. Each machine has a 3 phase rectifier system andcontrol panel included. All units begin output between 5 and 6 mph, full output at 23 mph. There is a three-year limited warranty on parts, lightning strikes, and winds to 100 mph. Price Turbine Size RPM CASE'D' Length(approx.) Wt.(lbs.) COST/WATT 3KW $ 8,5004' 14' 300 14' 16' 500 $2.83 SKW 9,500 20' 275 17' 24' 600 1.90 8KW 11,000 258 175 20' 30' 11000 1.38 15KW 19,500 35' 125 26' 40' 2,000 1.30 50KW 52,000 50' 91 28' 60' 7,000 1.04 15OKW 148,000 86 52 40' 100, 21,500 .99 The 50 i 150KW size require special towers built according to site conditions and, obviously, special considerations must be supplied to LEC-DWS prior to ordering; delivery dates will vary according to these requirements. NOTE: 101 additional set-up charge to accomodate other inverte: voltages. SPECIAL VOLTAGE MACHINES for those who require units to charge battery banks of 12, 24, 36, and 48V. 2KW $8,800 10, 450 14' 16' 500 AUTO SHOT-DOWN ACCESSORY to shut down our machines (unattended) at 65 MPH. For 2 thru 15 KW. Must be used with DWS-MAXIMUM unit. Price #1.250. BIGELAM BURRICAIB TOWERS Designed to carry heavy live loads up to 150 mph (1/2' ice load limitation). •Eatch tower is SELF SUPPORTING (FS for free-standing) and has special steel loops for special guying if winds above 150 mph could be expected or where city ordinances may require special safety measures. SELF-ERECTING (SE) towers are also self-supporting and require the use of a special erecting cart which may be returned in good condition, prepaid for an 809 refund. Erection cart price, 11,000. HEIGHT PRICE APPROX. WT* tsSE PRICE APPROZ. WT. 80' $5,600 4,000 lb. s0' i 7,600 4,600 lb. 100' 7,000 5,200 lb. loot 9,500 4,800 lb. 120' 8,500 6,750 lb. 120' 11,500 7,350 lb. SOKW-120' 14,000 12,000 The 150KW-120' 35,000 22,000 The ANDREWS LADDER 'POWERS If one wishes to hold the investment in a tower as low as possible, then the 'pole' type is the least expensive. HOWEVER, POLES ARE TOUGH TO CLIMB! In recognition of the necessity to provide economy, we provide a tower which looks very much like a large steel ladder (easy to climb). The LADDER TOWER includes a jib boom to handle a unit, a working platform, a proper mounting plate at the top and a proper base pivot. It will handle a load of 1,200 lbs., and will support the LYNNER 8KW (or smaller) with the standard ice load limitation of 1/2'. The tower is 80' tall. NOTE: All towers shipped primed ready for final finish (which is included). PRICLs Complete with cables, turn buckles, etc. --$2,750. RAWSON NMTIVERTSRS BY DIKS Some existing inverters leave much to be desired. They may generate considerable noise that disturbs TV's, radios, etc. They may be for battery use only. Those interfacing with power lines may be unreliable, being very sensitive to power line surges (voltage spikes) which may go back through the inverter, reverse polarizing the machine. Until repolarized, all energy output stops. This type often distributes your machine power at the disadvantagecus cross-over point of the sine wave, thus suffering severe losses.if the power factor is very far from one (unity). The only means of overcoming this is to use very large, expensive chokes on the line. This is never completely satisfactory. Often this type of unit suffers destruction of some of its components due to line voltage spikes with disasterous loss of time (and money) while the unit is sent back to the manufacturer for repairs. Few units are provided with schematics, spare parts, etc. The RAWSON MULTIVERTERS produce a stepped square wave approximating a sine wave. Power is inserted on the upper portion of the sine wave in synchronous operation and does not require expensive chokes or capacitors. Harmonic noise has been eliminated through the fifth; efficiency is on the order of 85 to 951. Each is supplied with schematics and instructions to service or. repair on site without having to be an electrical engineer. A CONTROLLER is provided that will command any size SLAVE to be activated upon demand; thus, in battery service little power is used (less than 1/4 Amp.) when coasting. EACH SYSTEM VIM OPERATE EITBER SYNCEMMOUS OR FROM BATTERIES. One year limited warranty. Operating Watts Overload surge Capacity Price CONTROLLER 1,000 2,000 4,000 $ 1,000 SLAVES 2,000 4,000 8,000 1,600 4,000 8,000 16,000 3,200 ` Slaves larger than 4Kw become extremely hard to physically handle. Likewise, the cabinetry becomes increasingly heavy. Any number of slaves can be selected to accomodate a given power output. Example: 15KW requirement--Controler at 1KW, one 2KW slave plus three 4KW slaves adds up to 15KW. All units are fully metered and protected. Output 120/240 single phase. Three phase available; ask for prices. Special input voltages require additional 10% set-up charge. Matching choke filters for special applications (for other sync. inverters) are available for $1,010. MAC21M SUB SsSEMLIE8 63bbT ~3K Am i~B![ ~IIAI .150 Alternator $4,800 5,000 6,500 12,500 31,000 88,500 C Turbine $3,500 3,625 4,200 8,200 20,280 59,000 Q $Iade Set $1,800 1,900 2,250 4,500 13,000 37,500 5_"R0 -141SnIc 42 ,000 0 Agenda Information Memo October 17, 1980 Page Sixteen FINAL PLAT - CEDARVIEW ADDITION A. William F. Brandt for Final Plat Approval of Cedarview Addition The final plat for Cedarview Addition is in order for considera- tion. A copy of the final plat is enclosed on page for your review. Any additional information regarding the deve e~$nt agree- ment or conditions will be acknowledged at the meeting. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the final plat for Cedarview Addition, subject to all conditions being met as stated within the development agreement. g2. Agenda Information Memo October 17, 1980 Page Seventeen FINAL PLAT - RIDGECLIFFE FOURTH AND FIFTH ADDITIONS B. U.S. Home Corporation for Final Plat Approval of Ridgecliffe Fourth and Fifth Additions The final platsfor Ridgecliffe Fourth and Fifth Additions are in order for consideration.. Copies of the final plats are enclosed on pages s through $ for your review. Any additional information regarding the development agree- ments or conditions will be acknowledged at the meeting. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the final plats for Ridgecliffe,Fourth and Fifth Additions, subject to all conditions being met as stated within the development agree- ments. ~4 U auq y~ a ? bye 'a:d,~,'. 7 .3 .D.er rvfe x~ U b ° ~e 'bar N n f c r. N y iolin ossrr B/f v Bo.J mod I d x ~ C 1 ar ° Q \ N 0 J 8 i;♦ .fM ~ 2 N i IJS ~ s ~ ~ (0 N ..r ti y v W y 2 ~Jt rS - T- ~~-9 ff 11 9 00 _ d, IIN fD /p((6~~V M. 0.6Na ,off c 3 (JS y '.'I I $i ..M~ I siN. MNN-• 10~~9;0ifey a /Ip ofp ? 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OI Q 2 976 esl6W iiL i6L a•I-i_ra 16L. is O _J a ~sd IRK le'w. 8616i996 54 x\. ~$.-NN f6 i0 OUTLO eJ lSM f0, zti\6r Yd °e\L r9 \ \ KN t\ g~ / M fIOB; ..fir 9~d ry~r' l1' ay"\\ w~^j W `i , g ,I ~~I N ` 2 M 1 11 p ✓N," x:.t p \ \ _ ` 'i w` 1 ufe_'4';',s 1 xwx••' ~:o»\\\ _ > 2 fs-~°jj6 \ N N fC~ ayyd'w il~~~i 7w111 \'S °'Qfe ,N'90e H... R J • 2 rf JaL- IfOB 1928 Nr~~i9 Sf 9f l4 , 3 P \ 1` a-.9S Se i9 sa Jg 16 ,y '\'c; c.\^ a a 1909 i19t 65/6 :NN'N a rf a , O9TUTLOT IIN _ :8 Nt•few felt a} n \\t~Nr .\\s w iJ/6 o Rst NN•se r m og \ _ i \ \ a\ w ~ • ~ db 9la e,i a\`x\'19 ,e~~. • c ~b'~ 9ii9~ Yr~ ~ tyre ~ \ e 611E a9 p; \ g rI Z w O °Y•o62 a .'\6\ N a\\) \ g E fi ~ a ` pa \ & N ~ 5 \ 86` it99 O $ tp./p9 \ OVOtl _39(1_i!I 3MO~.VNMp' = 01?___- $ e "6\ 6 OJ~~ y714 oo to 0~ 1 Z fi ~ ~ ~,9~ o - 201 3 ~ ry, ~ 8 gOlGl r Agenda Information Memo October 17, 1980 Page Eighteen FINAL PLAT - EAGANDALE CENTER FIRST ADDITION C. Final Plat Approval of Eagandale Center First Addition The final plat for Eagandale Center First Addition is in order for consideration. A copy of the final plat is enclosed on page for your review. Any additional information regarding the development agreement or conditions will be acknowledged at the meeting. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the final plat for Eagandale Center First Addition, subject to all conditions being met as stated within the development agreement. O~ c .1 I a >c En irw r. n sn lrvs , ` • t :i OEni tr•;per _ 61 JAG •-iI.KAN _ IRS &am W 30,E - 30, &31. y_ LIJ G - y y ` ! O LLI z IC r i e ` _ - ~l s t 3 v y ° •c t_ c 3w -M f J ° i, 3 z 17. . t its i i lG N Y Y r~9 zr i 2 m ~ y 3 r H g- - ` y o a. f r M I,OE.O N S ff.. . f g e 'Cr. mo V a Sao J - > - - - - - - - - j r} 049Zt M,bl,6Z.ON ,f•- f SYG • Agenda Information Memo October 17, 1980 Page Nineteen WEED ORDINANCE D. Weed Ordinance At the request of the Director of Parks and Recreation, a weed ordinance has been prepared for consideration. The Park Foreman, Mr. Jim McGuffee, has attended various schools on noxious weeds and is now a certified weed inspector. The City, to date, has controlled noxious weeds throughout the community, specifically in residential and/or platted areas by using the state law which requires that all noxious weeds be controlled. However, the City has been receiving calls regarding vacant lots and/or lots with homes in the City of Eagan that are platted, asking that weeds and grass be controlled as well as noxious weeds. The purpose of this ordinance is to control both weeds and noxious weeds. A copy of the ordinance is enclosed on pages through __93 for your review. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the weed ordinance. O CITY OF EAGAN DAKOTA COUNTY, MINNFSOTA ORDINANCE NO. - WEED CONTROL AN ORDINANCE REGULATING THE CONTROL OF WEEDS IN THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA. THE CITY COUNCIL OF THE CITY OF EAGAN DOES HEREBY ORDAIN: SECTION .01 DEFINITION. The word "weeds" as used in this ordinance means and includes all rxixious weeds as defined by Minnesota Statutes Section 18.171, and all useless and trouble- some plants as are commonly known as weeds to the general public. SECTTON .02 NUISANCE. All weeds or growing grass or accumulation of dead weeds, grass or brush, upon any platted or residential lot within the City of Eagan or upon any portion of land within 150 feet from any platted or residential lot in the City of Eagan is hereby declared to be a nuisance and dangerous to the health, safety, and good order of the City, provided that said weeds or growing grass are greater than one foot in height, or have gore to seed, or are about to go to seed. SECTION .03 DUTY OF OWNER, LESSER, OR OCCUPANT. It is the duty of any owner, lessee, or occupant of any property containing weeds in violation of Section _.02 to remove or cut such weeds to bring the property into compliance with said section. SECTTON .04 WEED TNSPECTOR. The City Council of the City of Eagan shall appoint a Weed Inspector to enforce the provisions of this ord';.nance upon such terms and conditions as the City Council deems proper. SECTTO"i .05 NOTTC". If the owner, lessee, or occupant of any property in the City of Eagan permits a nuisance to exist in violation of Section `.02, the Weed Inspector, or his / O assistants, shall serve a notice on the owner, lessee, or occupant or upon the agent of the owner of such property, ordering such person to have such weeds or grass cut or otherwise removed within ten days after the service of such notice. Such notice shall also state that in the event of noncompliance, removal will be done by the City of Eagan at the owner's expense. If no owner, lessee, occupant, or agent of the owner can be found, notice shall be sent by certified mail to the person who is listed on the records of the County Auditor or County Treasurer as the owner. Service will be co-:zplete upon mailing. SECTION .06 REMOVAL BY CITY. If the person upon whom the notice is served fails,neglects, or refuses to cut or remove such weeds, grass or other vegetation within ten days after receipt of such notice, or if no person can be found in the City of Fagan who either is or claims to be the owner of such lot or land, or who either represents or claims to represent such owner, the weed inspector shall cause such weeds, grass, and other vegetation on such lot or land to be cut or removed or otherwise eradicated. The actual cost of such cutting or removal or other eradication plus 87 of such actual cost for inspection and other additional costs in connection therewith, shall be promptly certified by the Weed Inspector to the City Clerk. SECTTnN .07 PERSONAL LIABILITY. The owner, lesse--, or occupant of property for which weed control service has been performed as the result of said persons failure or refusal to perform said work himself, shall be personally liable for the cost of such service provided by the City. After receipt of the certified costs of weed control efforts, the City Clerk shall promptly prepare a bill and mail it to the owner, lessee, or occupant, and said costs shall be immediately due and payable at the office of the City Clerk. SECTION .03 ASSESSMENT. If the cost of w(-ed control service by the City is not paid within thirty (30) days after mailing of the bill by the City Clerk, the City Clerk shall, prior to the first day of October of each year, certify to the City Council all such unpaid 2 charges. The City Council shall thereupon examine all such charges as submitted by the Clerk and if satisfactory, shall call a public hearing and levy assessments for such weed control service in accordance with Minnesota Statutes Section 429.061. All such special assessments shall be payable in a single installment with interest thereon at the rate of 67 per year. SECTION .09 PENALTY. Any person who shall fail or neglect to cut and remove or otherwise eradicate weeds or grass as directed in this Section, or who shall fail, neglect or refuse to comply with the provisions of any notice provided herein, or who shall violate the. provisions of this section in any other way, or who shall resist or obstruct the weed inspector or his employees in the cutting, removal, or eradication of weeds or grass is guilty of a misdemeanor, and, upon conviction thereof shall be subject to a fine of not more than $5CO, or imprisonment of not more than 90 days, or both. Each day of any continuing violation constitutes a separate offense. SECTION .10 SEVERABILITY. If any section or portion of this ordinance is held invalid by a Court of competent jurisdiction, the invalidity shall extend only to the section or portion affected, and other sections or portions of the ordinance shall continue in full force and effect. SECTION .11 EFFECTIVE DATE. This ordinance shall take effect from and after its passage and publication according to law. CITY COUNCIL CITY OF EAGAN ATTEST: BY: Alyce Bolke, City Clerk Beatta Blomquist, Mayor Ordinance Adopted: Ordinance Pub:i_'Lshed in the Dakota County Tribune: 92- 3 t! ~ (Jim! Re: City Ordinance No. XIV.5 AN ORDINANCE REGULATING AND CONTROLLING THE GROWTH OF WEEDS, GRASS AND OTHER RANK, POISONOUS OR HARMFUL VEGETATION IN THE CITY OF ROSEMOUNT This is to inform you that the property owned by yourself located at (Address) Lot Block General Description now has weeds and vegetation in excess of amounts acceptable by this ordinance. Please make necessary arrangements to correct this situation by or the City will take corrective (Date) action and all costs will be billed to you. Thank you for your cooperation, Donald J. Brown Maintenance Superintendent Agenda Information Memo October 17, 1980 Page Twenty ASPHALT PERMIT REVISION E. Asphalt Permit Revision/Barton Enterprises, Inc. A request was received from Mr. Gary Sauer, representing Barton Enterprises, Inc., that the permit for the operation of an asphalt plant on Highway 13 and new Cedar Avenue be revised. Mr. Sauer has indicated that the regular project has approximately three (3) weeks remaining with only about three thousands tons of material required. There is approximately twelve thousand tons of BA-2 material in the stock pile. Since Barton Enterprises will have to move the nine thousand tons of material. once the Cedar Avenue Freeway project is completed. They would like to produce several additional projects in the area to remove the remaining stock pile within the three weeks they have left on the permit. Therefore, the request made by Barton Enterprises is not for additional time, but for the utilization of materials on hand. The only additional traffic will be that of the 4.5 oil requirement in the remaining nine thousand tons of gravel which is approximately 405 tons of oil, equaling 14 truck- loads. The original conditional use permit granted for this project did not allow for Barton Enterprises, Inc., to use their product for anything other than the Cedar Avenue Freeway. Therefore, if consideration is given to allowing Barton Enterprises, Inc., to sell any of the remaining stockpile to contractors other than those working on the Cedar Avenue Freeway, the original special use permit must be amended. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the request as submitted by Barton Enterprises, Inc. T.H. 149 UPGRADING F. T.H. 149 (Blue Gentian Road to T.H. 55) Proposed Upgrading In conjunction with the future construction of I-494, MnDOT is proposing to upgrade that segment of T.H. 149 between Blue Gen- tian Road and T.H. 55 due to anticipated increased traffic volumes resulting from the new major interchange. MnDOT has submitted two alternates providing for varying numbers of access points to the adjacent property on T.H. 149. The City's engineering staff has met with MnDOT and all property owners affected by this proposed improvement to get a general consensus to which alternate would be preferred. The results of these several meetings indicate that all parties concerned would support Alternate #1 which proposes to have two (2) major intersections between Blue Gentian Road and T.H. 55 for future development of the property on either side. In order for MnDOT to proceed with more detailed design, they would like to get a concurrence from the City as to which alternate the City would prefer to proceed with. Subsequently, the Council should pass a motion recommending approval of Alternate #1 for the future upgrading of T.H. 149. This motion should reserve the right for future review and comment on final design details. This is due to the fact that the City has received some requests to have this 94 Agenda Information Memo October 17, 1980 Page Twenty-One section upgraded to an urban section with appropriate storm sewer. This would require assessments against the adjacent properties and the City would have to proceed with the appropriate public hearings before we could formally comment on an urban vs. rural section. ACTION TO BE CONSIDERED ON THE MATTER: To approve Alternate #1 for the proposed upgrading of T.H. 149 and request MnDOT to submit alternate design standards for both a rural and urban section with appropriate cost requirements on behalf of the City for further review and action by the City Council. PROJECT #223 G. Project #223 for Galaxie Avenue Street Improvements - The City staff is presently in the process of preparing the preliminary report for presentation to the City Council regarding the installa- tion of utilities for the Ridgecliffe Addition across I-35E with connection to Cliff Road. This is part of the City's overall utility installation in conjunction with I-35E construction. As a part of I-35E construction, MnDOT is required to relocate this portion of Galaxie Avenue to NWk, Section 32, with its present intersection with Cliff Road to the location of the intersection of Blackhawk Road.with Cliff Road. Because it would be advantageous to the City to insure that this grading would be completed prior to the installation of utilities, it is in the City's best interest to enter into a cost participation agreement with the state to have this work done in conjunction with Project 223 due to the fact that MnDOT will not be able to complete the grading until late 1981. MnDOT has expressed preliminary agreement to having the City act as'the State's agent to perform the necessary grading and surfacing of this relocated portion of Galaxie Avenue. In order for the state to enter into a cost participation agreement, it is necessary for the City to pass a resolution requesting this participation. Therefore, the resolution is presented for consi- deration by the City Council with a copy enclosed on page for your reference. ACTION TO BE CONSIDERED ON THE MATTER: To approve the resolution regarding cost participation pertaining to the relocation, grading and surfacing of Galaxie Avenue and authorize the Mayor and City Clerk to execute said resolution. s/Thomas L. Hedges Uityministrator q RESOLUTION CITY OF EAGAN COST PARTICIPATION AGREEMENT WITH MnDOT REGARDING THE RELOCATION OF GALAXIE AVENUE (PROJECT 223) WHEREAS, I& DOT is required to relocate, grade and surface Galaxie Avenue in the NW4 of Section 32 as part of the I-35E freeway construction, and; WHEREAS, the City will be constructing sanitary sewer, water main, storm sewer and related appurtenances along and within this relocated right-of-way of Galaxie Avenue as part of Project 223, and; WHEREAS, it would be in the City's best financial interest to have these utili- ties installed after the grading has been completed, and; WHEREAS, MnDOT will not be able to perform said required grading in a time frame consistent with the required utility installation of the City of Eagan, and; WHEREAS, it would be in MnDOT's best interest to have this relocation performed at an earlier date to handle the traffic that will be affected by I-35E construction; NOW THEREFORE, be it resolved that the City Council hereby requests MnDOT to financially participate in all costs associated with the grading, surfacing, and relocation of Galaxie Avenue in the NW4 of Section 32. BE IT FURTHER RESOLVED that this cost participation will be in line with normal areas of responsibility relating to interstate freeway construction and related local road relocations. DATED: - CITY COUNCIL CITY OF EAGAN Attest: By' Beatta Blomquist, Mayor Alyce Bolke, City Clerk MOTION BY: SECONDED BY: MEMBERS VOTING AYE: AMBERS VOTING NAY: 9~ MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 17, 1980 SUBJECT: INFORMATIONAL MEMO All the festivities for the local government day ceremony to be held at Thomas Lake Elementary School just off Thomas Lake Road for the purpose of dedicating the Thomas Lake Hightine Trail are pretty, well established. I encourage everyone to be in the parking lot at 6:00 p.m., at which time the Girl Scout and Boy Scout troops will have a joint color guard followed by a Pledge of Allegiance and singing of "America". The group will then move over to the trail where speeches can then be given by the Mayor and Chairman of the Park Committee recognizing both Local Government Day and the, official dedication of the trail. The Mayor, will then cut the ribbon, officially dedicating the trail. It appears there will be some fifty young people participating as Boy Scouts, Cub Scouts, Girl Scouts and 4-H members in the ceremony and also that many of their ;parents will be present. At the present time, it appears there will be a good turnout for our Local Government Day festivities and, more than likely, the ceremonial portion will take no longer than fifteen to twenty minutes, allowing additional time for the City Council to intermingle with residents and 'answer questions regarding local government and so forth." It is necessary that we leave that location at 6:45 so the City Council meeting can begin at 7:00 -p.m. The City Administrator will coordinate all the details with the Mayor and submit a brief agenda and copy of the fact sheet to be distributed at the ceremony with the Agenda Information Packet on Monday. The City has received reports _of a water quality survey performed by the U.S. Geological Survey on 17 lakes and ponds in the City of Eagan from 1972 through 1978. A copy of this report will be made available by the Director of Public Works as a. part of the Administrative Agenda packet on Monday. The results of this report indicate that, while urbanization does have a certain effect on lake water quality, the major effects are produced by climatic conditions (drought, etc.) more so than land use, changes 'within the drainage basin. The results also indicated that several peri- meters that affect lake water quality were minimized by the instal- lation of storm sewer inlet and outlets providing for the continuous flushing of the lake due to the summer rains. In contrast, concen- tration in certain lakes without outlets usually increased during the period of this ;study. In summary, the study supports and con- curs with the City of Eagan's Comprehensive Storm Seger Plan, pro- for a controlled water elevation of our lakes and ponds and also providing for continuous flushing action of these lakes to help insure good lake water quality. !I Informational Memo October 17, 1980 Page Two A student intern to replace Elizabeth Ryan was selected by the City Administrator. Mr. Steven Mielke, a graduate student from the Mankato State University Urban Studies Program will begin his six month employment with the City on October 27, 1980. Enclosed is a very encouraging update on the amendment procedure for the Comprehensive Guide Plan. The memo was prepared by City Planner Runkle and relates specifically to action taken by the Physical Development Committee at their meeting held on October 16, 1980. Also enclosed for each member of the City Council is a planned urbanization map. The City staff would like the City Council to review this and provide any comments on whether this should or should not be included as a part of the final submission of the Comprehensive Plan. These copies are enclosed on pages through /QO for your reference. Enclosed on page /01 is an update provided by the City Attorney on the Safari at age an vs. City of Eagan case. city Administrator 0 TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: OCTOBER 17, 1980 RE: UPDATE ON THE AMENDMENT PROCEDURE FOR THE COMPREHENSIVE GUIDE PLAN On October 16, 1980, the Physical Development Committee met to discuss the three alternatives for amending the Comprehensive Guide Plan. The Physical Development Committee discussed in length all three alternatives in trying to decide which procedure would be used for amending the Comprehensive Guide Plan. The Metropolitan staff recommended that Alternate 2 which would require all com- ponents of the Comp Plan which are required-under the land-planning act, that any change to these components would require an amendment to the Comp Plan. Mr. Vern Peterson and myself spoke in regard to how the communities felt about Alternate 2 and strongly recommended that Alternative 3, amendments which strictly relate to Metropolitan systems be the amendment procedure followed for the Comprehensive Guide Plan. The Physical Development Committee did make a recommendation that Alternative 3 be the procedure used for the amendment process, which strictly deals with impacts on Metropolitan systems. However, they would require that the cities inform them of other changes to the Comprehensive Guide Plan. This procedure will now be worked on by the Committee set up of area planners and Metro staff to formalize the Alternate 3 amendment process which will then go to a public hearing some time in late November or December. Therefore, the City did influence the Physical Development Committee on their feelings toward the amendment process. If anyone has any questions regarding any of the details of the Physical Development Committee Meeting, please feel free to contact me at the Eagan City Hall. DCR/jac q9 PAUL A. HAUGE & ASSOCIATES, P. A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE October 14, 1980 AREA CODE 612 BRADLEY SMITH TELEPHONE 454.4224 KEVIN W. EIDE Eagan City Council 3795 Pilot Knob Road Eagan, MST 55122 RE: EAGAN 30.7C (SAFARI) vs. CITY OF EAGAN Gentlemen: The Council has asked that I present a short resume of the future proceedings regarding the Safari at Eagan application for preliminary plat approval and site plan approval. The following comments should be made: 1) An order for judgment was entered by Judge Lenertz in the Dakota County District Court, dated September 29, 1980, ordering that a peremptory writ of mandamus be issued commanding and ordering the City of Eagan, its Mayor, and City Council to consider the application of Eagan 30.7C, a Minnesota limited partnership, for approval of the preliminary plat and detailed site plan of the Safari at Eagan community shopping center without regard to zoning." Although the wording is somewhat confusing, it appears to say that the City Council must consider the application for preliminary plat and site plan ap- proval with the understanding that the zoning is proper and that commercial zoning under the Blackhawk Park P UD is in existence on the 30 acre parcel. 2) The peremptory writ was issued October 6, 1980, and requires the Council to immediately consider the application. Apparently the Council should take the application under consideration at the first meeting subsequent to receiv- ing.the writ. 3) The City does have the right to appeal the case to the Supreme Court. Legal procedures seem to require that such an appeal be brought within 30 days of notice of entry of judgment. There is case law indicating that a time longer than 30 days might be allowed where the plaintiff is not "substantially pre- judiced" by the delay. However, in this case, the writ calls for "immediate" compliance probably with the thought that each day of delay costs the devel- oper money. In such a situation, a court in its discretion would probably impose the 30 day limit. 4) There is nothing in the order requiring the City to pay damages or costs and disbursements, although the statute does so allow. Generally, attorneys fees are not recoverable as an item of damages. 9a uly yours e g PHH : me O'