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04/06/1982 - City Council RegularX3 1 _` MINUTES OF A REGULAR MEETING OF THE RAGAS CITY COUNCIL EAGAN, MINNESOTA APRIL 6, 1982 A regular meeting of the Eagan City Council was held on Tuesday, April 6, 1982 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilme mbers Egan, Smith, Thomas and Wachter. Also present were City Administrator Hedges, Public Works Director Colbert, and City Attorney Hauge. AGENDA Egan moved, Thomas seconded the motion to approve the agenda as distri- buted. All voted yes. 1. March 16, 1982 Re gular M eeting. Wachter moved, Egan seconded the motion to approve the Minutes as prepared. All voted yes. 2. January 28 1982 Spec ial Meeting. Egan moved, Wachter seconded the motion to approve the Minutes as prepared. All voted yes. 3. February 25, 1982 Special Meeting. Smith moved, Thomas seconded the motion to approve the Minutes. All voted yes. 4. March 30, 1982 Special Meeting. Wachter moved, Thomas seconded the motion to approve the Minutes. All voted in favor. PARK DEPARTMENT Ken Vraa, the Director of Parks and Recreation was present. 1. Park Master Plan Consultant. A special meeting of the City Council and the Advisory Parks and Recreation Committee held on Tuesday, March 30, 1982 involved a meeting with two firms interviewed for the purpose of pre- paring a City -wide Park Master Plan. The two firms were Brauer & Associates and Erkkila & Associates. A recommendation was made by the APRC that Tim Erkkila & Associates be hired subject to renegotiation of the quotation to perform the work. The City Administrator and Parks Director have analyzed the quote and have presented a fact sheet to the City Council with certain revi- sions to the proposals submitted by Erkkila & Associates. It was recommendned by staff that the proposal be approved with the reduction of approximately $24,750.00 according to a proposal submitted by Mr. Vraa. Egan moved, Wachter seconded the motion to approve the recommendation and hire the firm of Erkkila & Associates incorporating the reductions recommended by the APRC. All voted in favor except Thomas who voted no. � 1 r ', a Council Minutes April 6, 1982 2. Mission Hills South - I -35E Park Land. The Minnesota Department of Transportation has responded to the City's request to convey to the City a storm water pond within the I -35E road right -of -way adjacent to Mission Hills South /Vienna Woods Development. District #9 has agreed with the conveyance but it cannot be implemented until the completion of I -35E and is contemplated no earlier than 1984. A Resolution determining the exact location and even- tual conveyance to the City was submitted to the Council and recommended for approval authorizing the acquisition by the City from the Minnesota Department of Transportation. It was noted that some uncertainty had developed as to the exact location of the adjacent parcel of park land intended to be deeded to the City by the developer of Mission Hills South. Smith moved, Wachter seconded the motion to approve the Resolution as submitted. All voted yea. R 82 -16 C�� `i :q; p0 :l Upon recommendation of the City staff and upon motion by Smith, seconded Egan, the following consent agenda items were approved: 1. Conditional Use Permit Renewals. The October, November, December, January and February conditional use permit renewals submitted in the packet to the City Council were recommended for approval. 2. Service Station Permit Renewals. Eight service station special permit renewals were submitted and recommended for approval. 3. � Care Facilities Special Permits. It was recommended that the petition form for day care facility covering those facilities from seven to ten children in accordance with Zoning Ordinance No. 52 be approved as dis- tributed to the Council. 4. Deputy Treasurer. It was noted that Gene VanOverbeke, the Director of Finance, was appointed City Clerk /Treasurer in January 1981. It was recom- mended that Ken Damlo be appointed as the Deputy Treasurer to perform duties of the Treasurer in the absence of Mr. VanOverbeke. 5. Imp rovement #81 -2 Change Order No. 2. It was recommended that Change Order No. 2 to Improvement #81 -2 in the amount of $2,008.33 covering Duckwood Trails Project #221 be approved. 6. Improvement #81 -2 - Windtree, et al Street Improvements. It was recommended that final payment in the amount of $17,850.69 be made to Alex- ander Construction Company and that Improvement #81 -2 consisting of street improvements under Projects #293B, #284B, # 308B, # and #275B be approved. 7. Reapportionment of Special Assessments - Parcel No. 10- 03000- 011 -25. It was recommended that the City Council approve the reapportionment of special assessments covering the parcel mentioned above for trunk storm sewer in the amount of $1,681.84. K Council Minutes April 6, 1982 8. Ridgecliffe Fifth Addition Vacation. A Petition has been submitted by the developers of Ridgecliffe Fifth Addition, U. S. Homes Corporation, to vacate an existing drainage and utility easement within Block 13 of Ridge- cliffe Fifth Addition. It was recommended that a public hearing on the vaca- tion be scheduled for May 4, 1982 at 7:00 p.m. at the City Hall. 9. Barringer First Addition Vacation. A Petition had been submitted by Niakwa Development Corporation to incorporate the Barringer First Addition into Windtree 2nd Addition and that the utility and drainage easements sur- rounding Barringer First Addition be vacated. It was recommended that the public hearing on the vacation be scheduled for May 4, 1982 at 7:00 p.m. at City Hall. 10. Improvement #80 -7 Final Pay ment. The request for final payment to Improvement #80 -7 regarding utilities in Windcrest 1st Addition and Windtree 1st Addition and Duckwood Trails was submitted. It was noted that C. W. Erickson Construction Co., the original contractor has petitioned for Bank- ruptcy and that there remains $10,492.01 due the contractor for work completed prior to the bankruptcy. The City has now incurred $15,998.35 in costs through Change Order No. 1 to Improvement #81 -2 to complete the contract and it was recommended that Contract #80 -7 be accepted for perpetual maintenance and that the staff be authorized to process the claim, including legal action, if necessary, through the appropriate bonding company for the contractor to insure complete payment to the City and to the contractor for the completion of the work. 11. Eagandale Center Industrial Par 3rd Addition Vacation. It was recommended that the Petition for vacating a drainage and utility easement on Lot 3, Block 4, Eagandale Center Industrial Park #3 be accepted and that a public hearing be scheduled for May 4, 1982 at 7:00 p.m. at the City Hall. All voted in favor. HEIGHT T. TATWN - ORDINANCE #52 AUNT Mayor Blomquist introduced the subject concerning the proposed amendment to Ordinance No. 52.07 to allow building heights in commercial and industrial districts, including planned development districts intended for commercial and industrial uses to exceed the 35 and 40 foot height limitations currently under the Ordinance. The Advisory Planning Commission approved the recommen- dations at its February 25, 1982 meeting and at the March 2, 1982 City Council meeting the recommendation of the Planning Commission was approved. However, because of certain revisions to the proposed language, the Planning Commission held a public hearing on March 23, 1982 and considered and recommended aproval of the revisions. There was considerable discussion including several interested residents who appeared and discussed the ordinance amendment. Mary Teske asked for greater study, including costs for fire equipment, utility and street costs, the burden upon streets, setbacks, etc. Mr. Hedges explained that a detailed background has taken place, including many meetings of the Height Limitation Committee, the Planning Commission and the Council and in addition, that a multi -story building agreement is required. Further, it was elf Council Minutes April 6, 1982 noted that a study will take place in the future regarding critical areas including bluff construction and that any application must comply with the ordinances and regulations of the City then in effect. There was discussion concerning the air corridor issue and noted that the Council will treat each of those applications on a special basis. Steve Darling suggested there be greater distance than 300 feet from single family districts. After extended discussion, Thomas moved, Egan seconded the motion to approve the amendment to Ordinance No. 52 covering 52.07 and 52.09 as revised by the City Council during the course of the meeting. All voted in favor. SEE ORDINANCE BOOK NATIONAL AMUSEMENT COMPANY - AMUSE GXT DEVICE - CONDITIONAL. USE The application of National Amusement Company for conditional use to allow more than three amusement devices in a portion of Cedarvale Shopping Center was submitted for discussion. The Planning Commission at its regular meeting on February 25, 1982 recommended denial of the application for a number of reasons stated in its minutes. The item was submitted to the City Council on March 16, 1982 and at the request of the applicant, it was con- tinued until April 6. Jay Nilva was present and indicated his father was unable to be present at the meeting. A Petition from a large number of tenants in Cedarvale Shopping Center objecting to the use, stating the reasons in the Petition, was reviewed by the City Council. A letter from the owners of Cedarvale Lanes and DCR Company objecting to the application also was submitted to the Council. Two of the tenants of Cedarvale Shopping Center appeared and expressed their objections relating to large groups of young people and the potential theft problems, possible damages that could be created and they objected to the operation being open until 10:00 p.m. each night, which would be after most of the stores have closed. Also, they have indicated that there are two other amusement centers close to Cedarvale and that there would be an excessive number in that area. Mr. Nilva made a presentation and stated that the arcade would close one hour before the Center closes. He stated that the profits claimed by certain persons present were not accurate figures. It was noted that the Council has turned down other applications for amusement device permits and there would be a concentration of machines in the general area, including Cedarvale Lanes and the A & W Restaurant. After considerable discussion including reviewing the reasons submitted by the shop owners in the area, and the reasons given by the Advisory Planning Commission, Egan moved, Wachter seconded the motion to deny the application for reasons including the following: 1. That the Advisory Planning Commission recommended denial of the application. 2. That the overwhelming number of tenants in the Shopping Center objected to the proposed operation based on an expected adverse impact on business in the Center. 4 Council Minutes April 6, 1982 3. That there would be an over - concentration of permits for amusement machine devices in the general area. 4. In the case of the Cedarvale Bowl, that the building is intended for entertainment only and it's more appropriate that the machines be permitted in an entertainment center of that nature, noting also it is free - standing as is the A & W Restaurant location. All voted in favor. ALPHA ADDITION - REZONING AND Y PLAT The application of Roger and Judith Urban to rezone from A (Agricultural) to I -1 (Light Industrial) and preliminary plat approval of Alpha Addition was then brought before the Council. The application for the 12 acre plat was heard by the Planning Commission on February 25, 1982 and the commission recommended denial of the rezoning and plat as it would create spot zoning and would not be consistent with the land use plan. Mr. Urban was present and it was noted that Don Holz, a neighboring owner, had no objection to the revision of the application to Limited Business. He was concerned about the use of the property in the future and it was noted that it could be controlled so that there would be only one lot and no future subdividing would take place without the installation of sewer and water. After discussion, Smith moved, Egan seconded the motion to deny the application until such time as the entire area is reviewed as a part of the comprehensive plan update noting that it would create spot zoning. Those in favor of the motion were Smith, Egan and Blom - quist. Those against were Thomas and Wachter. CEDAR CLIFF ADDITION - PRELIMINARY PLAT The application of John Steven Flanagan for preliminary plat approval of Cedar Cliff Commercial Addition on Cliff Road and Nicols Road was then pre- sented to the Council. Mr. Flanagan was present and asked for a continuance indicating that he has been contacted by a potential single user for the parcel and asked for a continuance for one month. Wachter moved, Smith seconded the motion to continue the application until May 4, 1982. All voted in favor. 5 Council Minutes April 6, 1982 LEKAY'S T. ADDITION The application of William Brandt for rezoning from A (Agricultural) to R -3 (Townhouse Residential) and preliminary plat approval of LeMay's Lake Addition was then considered by the Council. Mr. Brandt was present as were Dan O'Brien Architect and an attorney from Faegre & Benson on behalf of applicant. The APC recommended denial at its March 23 meeting. Mr. O'Brien first presented the application indicating there is a buffer planned con- sisting of a berm on the north side of Towerview Road, all units are oriented toward the lake, and access to the north is provided for the internal north - south street. He further stated that the developer will dedicate the cul -de- sac as a city street if requested. He indicated that it is his understanding that the R -II land use with R -3 zoning would allow 48 units in the project. Although the request was for a 20 foot setback and less than 30 feet spacing between buildings and 50 foot setbacks from the Lake, the applicant is now proposing 30 foot setbacks from all private and public streets, 75 foot set- backs from the lake and 30 feet between all buildings. He stated the density would be reduced to 40 units with allowable 6 units per gross acre allowable and 4 units per net acre. He further indicated he expected rush -hour traffic on Towerview of one vehicle per minute. The attorney who appeared for Mr. Brandt discussed the Comprehensive Guide Plan and stated that it was intended to develop a diversity of housing and to acquire housing mix. He further stated that it was his opinion that the application was consistent with the Guide Plan and legally entitled to rezoning to R -3 for plat approval. Mr. Brandt indicated that he would be flexible as to the outlet and location on to Towerview Road. There were strong concerns by councilmembers regarding the north -south road, indicating that at its nearest location, it would be about 48 feet from the east curb of Pilot Knob Road and there may be a traffic hazard caused by headlights on the internal north -south street. There was also discussion concerning the proposed access to the north and possible difficulty of finding an outlet to Lone Oak due to the terrain and location of single- family homes on Lone Oak Road. It was suggested that a plan be sub- mitted for the four acre parcel to the north owned by Martin Shields, noting that it would not be possible to develop many units on that property. There was concern relating to the residential single use to the south, the fact that Towerview Road is only one and a half blocks long and the proposal is to change the character of the road. Councilman Smith suggested that the appli- cant prepare siting to relate the north -south road to Pilot Knob Road and to consider the potential safety issues relating from headlights on each of the streets. In addition, it was suggested that the developer present a scheme showing R -1 on the south line of the property as a buffer. A number of neighboring property owners were present, including Jerry Rodgers who read a statement on behalf of numerous residents. He stated the recreation facili- ties are limited in the area, the parcel to the east owned by the Cartrights, will be land - locked, the development would not be compatible with the uses on the south side and it would create safety problems in Towerview. In addition, he objected to the excessive burden of assessments for the upgrading of Tower - view for the single family homes on the south side of Towerview. Joe Kellner was present and stated that the current plan differs from that submitted to 0 Council Minutes April 6, 1982 the Planning Commission and had certain other objections. Vince Kennedy spoke in favor of the project and stated that all technical objections can certainly be resolved. James Horne was present and suggested that backing R -1 use on Pilot Knob Road would not be desirable. After lengthy discussion, Wachter moved, Egan seconded the motion to continue the application until the next regular meeting of the City Council in order to allow the applicant and the staff to review a possible outlet to the north; further, to review the grades of the interior road and impact on traffic safety in relation to Pilot Knob Road, and consider possible layout of single -famiy use along the north side of Towerview Road as a buffer; however, in the event that the applicant decides to revise his plan in conformance with some of the proposals for study and review as suggested by the Council, that the applicant then submit a new application for public hearing before the Advisory Planning Commission on the new plan. All members voted yes. Council members requested that all planning reports provide for density based upon net density allowable for residential units in each area proposed to be developed. OFF STREET PARKING - ORDINANCE 52 A!=DNENT The Advisory Planning Commission held a public hearing to amend Ordinance 52.06 Subdivision 13C to change required off street parking requirements for multiple dwellings, including townhouses, apartments, and condominiums. The Planning Commission recommended approval and there were no objections to the proposal. Wachter moved, Egan seconded the motion to approve the amendment and authorize its publication. All voted in favor. SEE ORDINANCE BOOK SOUTHFORK RESTAURANT - LIQUOR LICENSE APPLICATION A request from the owner of the Southfork Restaurant on Highway #3 at 4185 South Robert Trail, to operate the restaurant on a 24 -hour basis was discussed by the Council. Mr. Richard Gabriel, attorney, and Stanley Lynn the owner of the restaurant, appeared. There was concern by council members about separating the bar from the balance of the restaurant and that the bar area be locked after hours. The City Attorney issued an opinion indicating that if the Council were to consider allowing 24 -hour restaurant operation with on- sale liquor license, an amendment to Ordinance No. 42.13 Subdivision 2 would be necessary. It was also noted that under Ordinance 43.13 Subdivison 2 relating to 3.2 beer, the same requirement is present. There were concerns about other restaurants in the community requesting the same change of their permit. Wachter moved, Egan seconded the motion to refer the issue of amendment to the Liquor Ordinance and the Beer Ordinances 42 and 43 to the staff who will draft amendments to authorize the restaurants to remain open on a 24 -hour basis, with the understanding that the license could be revoked in the Council's discretion in the event of any serious problems. All voted in favor. 7 (Yll U Council Minutes April 6, 1982 DAVID ODHGAARD /ADVERTISING SIGN An application from David S. Odegaard for outdoor advertising sign lo- cated in Section 13 at the intersection of Yankee Doodle Road and Highway #149 was then reviewed by the Council. The sign would be on land owned by the Chicago, Milwaukee, St. Paul and Pacific Railroad and the railroad has agreed to lease the land to Mr. Odegaard for a 5 foot by 11 foot sign with 55 square feet and 16 feet in height. Mr. Odegaard was present and noted that he'd received a permit for comparable signs in the City in 1981 advertising the City of Eagan when the signs are not otherwise leased with the same provision for the new application. Smith moved, Wachter seconded the motion to approve the application subject to the Ordinance requirements. All voted yea. HILLTOP CONDOMINIUMS -TEMPORARY SALES OFFICE Mr. Loren Spande appeared on behalf of Developers Construction, Inc. for a permit to establish a temporary sales office on James Refrigeration land near the northeast intersection of Pilot Knob Road and Diffley Road. There were no objections to the application. The trailer unit would be 210 feet north of the corner and 10 feet by 46 feet in size. It would be necessary to acquire temporary access from the County Road. Smith moved, Thomas seconded the motion to approve the application subject to County Highway Department aproval, the proper location of the unit by the staff, and all other normal ordinance requirements. All voted in favor. CHARLES WACHTER - 4375 SOUTH ROBERT TRAIL Charles Wachter appeared and requested a permit for the construction of a pole -type garage on property formerly owned by James Diffley at 4375 South Robert Trail. He stated that he had farm machinery that he needend to store but would not operate a business out of the location. The house is on a 1.5 acre parcel and the garage will be slightly higher than the house. Smith moved, Egan seconded the motion to authorize the variance for the garage as requested with the understanding that the applicant will contact all property owners to determine whether there are objections from any of them. All voted in favor except Wachter who did not participate in the vote. A Council Minutes April 6, 1982 JOINT BURNSVILLE / RAGAN CABLE (MISSION APPOINTMENT City Administrator Tom Hedges stated that City Council member Tom Egan was withdrawing as a Director of the Joint Eagan Cable Commission noting that with two councilmembers on the commission, there is potential for a claim of violation of the open- meeting law. Meetings will be alternated between the Cities of Burnsville and Eagan and there may be reason for field trips outside of the Burnsville /Eagan area. The Joint Commission does not have the power to franchise and therefore, City Council members will be monitoring the action of the Commission on a regular basis. Councilman Egan indicated he is with- drawing reluctantly from the directorship on the commission and Wachter moved, Thomas seconded the motion to accept the resignation reluctantly and to appoint Rick Bertz as a director of the BECC with Ron Voracek as first alter- nate. All voted in favor. There was discussion by councilmembers regarding a proposed change in the BECC Agreement to authorize two alternates from each City. EAGAN HEALTH AND LIFE INSURANCE The City has received renewal rates from Mutual Service Insurance Co. for life and health insurance and it was noted that the average percentage of increase of 30.4% requires the City to bid the health insurance package. The City's Finance Director has prepared a group insurance specification packet and recomended that the City request a two month extension of coverage and to request bids and award the contract at the May 18 City Council meeting. Upon motion by Smith, seconded Thomas, it was resolved that the City Administrator be authorized to proceed with the advertisement for bids to consider new health, disability and life insurance coverage for city employees. All voted yea. IMPROVB!ffiIT #82 -1 OVERBILL FARM FIRST ADDITION The plans and specifications have been prepared for Improvement #82 -1 consisting of Overhill Farm First Addition covering Projects #321, #326 and #332• Public hearings on the project have been held and the projects have been approved. Wachter moved, Egan seconded the motion to approve the plans and specifications and to authorize advertisement for bids with the bid opening scheduled for 10:30 a.m. on April 27, 1982 at the City Hall. All voted yes. IMPROVEMENT #82 -2 - BRIAR HILL FOURTH ADDITION STREETS AND UTILITIES Bids were received at 10:30 a.m. on March 30, 1982 for street improve- ments and utilities in the Briar Hill Fourth Addition. It was recommended that the low bid of Richard Knutson, Inc. in the amount of $189,104.95 be approved and to authorize the award of the contract. Further, that the Mayor and City Clerk be authorized to execute the contract documents. Egan moved, Wachter seconded the motion to approve the recommendation and authorize the award of the contract to the low bidder. All voted in favor. Y. . Council Minutes April 6, 1982 I- -494 HOOT PLANS AND SPECS The plans and specifications prepard by MnDOT pertaining to the easterly progression of I -494 between T. H. 55 and T. H. 149 consisting of grading, storm sewer construction, paving and construction of four related overpass bridges was reviewed by the Council. The staff recommended approval. Upon motion by Wachter, seconded Thomas it was resolved that the resolution approving the plans and specifications for S.P. 1985 -74 (494 -393) and autho- rize the Mayor and City Clerk to execute the resolution be approved. All members voted yea. R 82 -17 MISCELLANEOUS ASSESSIGM APPEALS City Attorney Paul Hauge reviewed with the Council certain assessment appeals as follows: 1. Twin View Manor Addition Utility Pro 1ect #264. It was recommended that because negotiations have failed to settle the assessment appeal, that the City Council vacate the former assessment roll and that the Council then reschedule a new hearing for May 18, 1982 covering the same parcels that had been appealed from. The Council discussed adding the estimate of $500.00 to each of the parcels in the event that the appeal proceeds. Egan moved, Wachter seconded the motion to abandon the current assessment roll, authorize the preparation of a new roll and to schedule a new hearing on the assessment roll for May 18, 1982 at 7:00 p.m. at City Hall and that the roll include the $500.00 additional estimate for appraisal cost for each parcel which shall be reduced from each parcel in the event that no objections are filed and appeal is taken. All voted in favor. 2. Trudi Johnson - Dodd Road. There was discussion concerning the assessment appeal and no further action was taken. 3. Lester Spencer - Cedar Avenue. It was noted that an action for $5,000.00 damages had been brought against the City and other parties and assessment appeal of Silver Bell Road improvements had also been effected by Mr. Spencer. An attempt has been made to settle both actions but because settlement had not been completed, it was recommended that a hearing be scheduled for May 18, 1982 at 7:00 p.m. at City Hall. Egan moved, Thomas seconded the motion to authorize the staff to continue settlement negotiations but to abandon the current assessment roll for the Lester Spencer property, to prepare a new assessment roll and to schedule a public hearing regarding the assessments on May 18, 1982 at 7:00 p.m. at City Hall. All voted yes. 10 Council Minutes April 6, 1982 CITY WARNING SIRENS Dale Grimes the Dakota County Emergency Services Director has solicited bids for four new sirens for the City of Eagan and also warning sirens for Mendota Heights and West St. Paul. Quotations have now been received with six quotations submitted and the low quotation from Corrigan Electric for $83,062.00 for the warning sirens for the City of Eagan. Smith moved, Wachter seconded the motion to authorize the purchase of the warning sirens from Corrigan Electric. All voted yes. Upon recommendation of the staff and upon motion by Wachter, seconded Egan, it was resolved that Steve Nelson Electronics be awarded the contract for the radio control units for the warning sirens in the sum of $500.00. All voted in favor. AERIE[. PHOTOS The Council discussed the recommendation of the City Administrator that the Public Works Director be authorized to engage a hellicopter to take photos of the City's ponds during the early spring of 1982. Smith moved, Egan seconded the motion to authorize the implimentation of the proposal at City cost. All voted yes. IMPROVEMENT #81 -1 - AUTIN P. KH-1 CONSTRUCTION COMPANY Autin P. Keller Construction has requested consideration by the Council to allow construction operation between 5:00 a.m. and 9:00 p.m. on the utility and road relocation of Galaxie Avenue. There was discussion concerning the impact on neighboring properties, including the property owned by Mr. and Mrs. Schindeldecker. Staff was requested to discuss the issue with the Schindeldeckers before further action. In addition the contractor asked whether the Council would authorize the location of a construction field office on the northwest corner of Blackhawk Road and Cliff Road for the duration of the project of April 15, 1982 to September 1, 1982. Because of the road crossing problems on Cliff Road, Smith moved, Blomquist seconded the motion to authorize the location of the field trailer on the south side of Cliff Road near the intersection of Blackhawk Road. All voted yes. FUEL DISPENSING SYSTEM The Public Works Director has expressed concern relating to the existing fuel storage dispensing system for the diesel fuel for the maintenance garage facility and recommended that the Council authorize the solicitation of quota- tions for a minimum 2,000 gallon underground fuel storage system with electric pump. The Director was authorized to solicit quotations and return the quotes to the City Council with a recommendation as to the source of the funding for the fuel system. 11 kJ i k ''Lj Council Minutes April 6, 1982 McSEE ADDITION — TAX FORFEITED PROPERTY The City staff has been negotiating with Shelly and William Lofgren regarding acquisition of the north half of Lot 12, Block 2, McKee Third Addition, which is a tax forfeited parcel in the McKee Addition on Lexington Avenue. The total estimated assessments that were unpaid are approximately $807.67 and the property owners have indicated they would pay approximately $900.00 for the parcel by guaranteeing the payment of the assessments, noting the property is not buildable as a separate site and undoubtedly would not be placed back on the tax rolls unless purchased by the Lofgrens who are the adjoining owners. Smith moved, Wachter seconded the motion to authorize the entry into an agreement concerning the guarantee of payment of assessments for the parcel and the ultimate sale through statutory means to the Lofgrens for the sum of $1,000.00 to cover the unpaid assessments and some of the City administrative costs. All voted yes. Egan moved, Wachter seconded the motion to approve the Checklist dated April 6, 1982. All voted in favor. Upon motion duly made and seconded, the meeting adjourned at 12:20 a.m. PHH qce ry 12