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07/06/1982 - City Council RegularOCAG MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 6, 1982 A regular meeting of the Eagan City Council was held on Tuesday, July 6, 1982 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Egan, Smith, Thomas and Wachter. Also present were City Administrator Hedges, Public Works Director Colbert and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda as pre- sented with the deletion of the consideration regarding the City Hall expan- sion project. All voted yes. Egan moved, Thomas seconded the motion to approve the Minutes of the June 15, 1982 City Council meeting with the exception that on page 6 regarding the Odell application for waiver of plat, that it would have been more appropriate for the applicant to have submitted an application for preliminary plat approval. All voted in favor. PUBLIC WORKS DEPARTMENT 1. Public Works Director Tom Colbert introduced Richard Hefti who was recently hired as the Assistant City Engineer. Mr. Hefti was welcomed by the Council. 2. RES Grading Permit. A request was made by Johnson Brothers Corpora- tion of Litchfield, which is the contractor on the earth removal project at I- 494 and I -35E to extend the hours of operation from 7:00 a.m. to 7:00 P.M. to provide for 5:00 a.m. to 11:00 p.m. in order to complete the project by October 1, 1982. Gene Holland and Ellsworth Johnson appeared on behalf of Johnson Brothers Corporation. They indicated that a letter and personal contacts had been made with each of the 12 neighboring residents and no objections appeared. Smith moved, Egan seconded the motion to approve the request with the understanding that there be a 30 day review and further, that the contractor attempt to keep the equipment away from the residences during early and late hours. All voted in favor. 1 Ot GG Council Minutes July 6, 1982 3. Tomark Second Addition /Park Fee Deferment. A request was received from the developer of Tomark Second Addition, Tomark Development Co., that the City Council defer the payment of park dedication fees until construction of the multiple family building commences, noting the extreme financial problem at the present time. The Council discussed the precedent issue and suggested alternates. Smith moved, Egan seconded the motion to grant the request with the understanding that interest would be commenced at the rate of 1% per month following approval of the final plat, for multiple housing only, with the understanding that a letter of credit will cover the additional park dedica- tion fee that is required. All voted in favor. Councilmembers stated that this would not act as a precedent for future requests of this nature for park fee deferment. 4. James and Arvella Horne Assessments - Kingswood Addition. Mr. and Mrs. James Horne were present and requested the council review and revise the recommendation of the Special Assessment Committee regarding assessments for trunk water main against Kingswood Addition. The Assessment Committee did, on June 14, 1982, make recommendations regarding the assessments against the Kingswood Addition on the basis of current policy and Tom Colbert explained the background of the recommendation. Mr. Horne also was permitted to explain that it was his opinion that there was an understanding between the City and Mr. Horne in 1973 concerning the extension of water main along the Kissling property. Mr. Colbert stated that there was no agreement that could be found of record. Mr. Colbert stated that it was the opinion of the staff that the entire subdivision is benefited by the water main from Pilot Knob Road and the policy provides for assessment of benefit to affected property. The proposal is to assess all frontage on Kingswood Road less that area that has been previously assessed for water main and spread the asssessments amongst all benefited lots. Wachter moved, Egan seconded the motion to continue the matter until further information is researched and submitted to the City Council. All voted yes. BIKE PATH MAINTENANCE AGREEMENT City Administrator Tom Hedges explained that the City Council approved a bike path maintenance agreement with Dakota County and recommended approval of certain amendments to the agreement. Barbara Schmidt, the Assistant Dakota County Park Director, was present and also reviewed the changes. Wachter moved, Egan seconded the motion to approve the amended bike path maintenance agreement with Dakota County. All voted in favor. SEE AGREEMENT FILE CONSENT AGENDA The following consent agenda items were submitted and proposed for approval to the City Council: 2 OC1167 Council Minutes July 6, 1982 1. Cedarvale Lanes - Temporary Beer Per A request from Randy Spring for temporary beer license for August 14 and 15 for the Cedarvale Lanes Softball Tournament at Univac Fields was recommended for approval. 2. Ga License Renewals. The applications of Lost Spur Country Club and Eagan Lions and Lioness Club for gambling license renewals for 1982 were recommended for approval by the staff. 3. Project #360 - Towerview Road. It was recommended that the feasibility report which has now been completed by the Consulting Engineer for Improvement Project #360 concerning Towerview Road upgrading to Pilot Knob Road be accepted and that the public hearing be scheduled for August 3, 1982 at 7:00 p.m. at the City Hall. 4. Project #362 - Tomark Second Addition. It was recommended that the feasibility report prepared by the consulting engineer for Project #362 con- sisting of improvements for Tomark Second Addition be accepted and that a public hearing be scheduled for August 3, 1982 at 7:00 p.m. at City Hall. 5. Project #363 - Hilltop Plaza. The feasibility report has now been completed for the Hilltop Plaza Improvement Project #363 and it was recom- mended that a public hearing be scheduled at 7:00 p.m. on August 3, 1982 at the City Hall and that the feasibility report be accepted. Upon motion by Smith, seconded Wachter, it was resolved that the fore- going Consent Agenda items recommended for approval be accepted and approved. All voted in favor. FEDERAL LAND CO. - I.R. FINANCING The public hearing regarding the application of Federal Land Co. for industrial revenue financing in the amount of $1,537,000.00 for two office buildings in Yankee Square Office Park was convened by Mayor Bea Blomquist. Mr. Hedges explained the proposal briefly and Mr. Charles Bartholdi and Martin Colon were present for the applicant. Mr. Bartholdi described the project and also questions were asked of the applicant together with Leonard Champer and Roger Winges of Juran & Moody, who were also present. It was noted that the buildings could not be sold separately under the joint I.R. bond financing proposal. The Finance Committee has not reviewed the propsoal for public placement of the bond issue and Mr. Colon stated that the applicant would proceed on the basis that it would be a private placement as is required by the Eagan policy. After discussion, Smith moved, Egan seconded the motion to approve the application subject to the normal policy requirements of the City of Eagan and that both buildings would remain under single ownership. All voted yes. The Finance Committee will review the proposal being made by the applicant for the use of a letter of credit whereby it acts as a credit enhancement device and make a recommendation to the City Council for utiliza- tion of that method of I.R. financing. SEE BOND FILE 3 Council Minutes�� -�� July 6, 1982 TWIN VIEW MANOR REASSESSMENT HEARING - PROJECT #264A The Mayor convened the continued reassessment hearing regarding utilities in Twin View Manor Addition consisting of Improvement Project #264A. The City Council on May 19, 1982 held the public hearing at which time objections were submitted and subsequently an appeal was filed by certain property owners in the Addition. The Eagan City Attorney and the attorney for the property owners have now reached an agreement which was submitted to the Council where- by the appeals would be dismissed with the exception of the issue regarding payment of interest on the assessments. Smith moved, Egan seconded the motion to close the final reassessment hearing for Project #264A, to reaffirm the original assessments as levied on September 15, 1981, to approve the agreement between the City and the property owners, and approve the roll and authorize the City staff to certify the September 15, 1981 final assessments to the County Auditor for collection as originally approved. All voted in favor. TWIN VIEW MANOR STREET ASSESSMENTS - PROJECT #264B The continued public hearing regarding street assessments under Improve- ment Project #264B in Twin View Manor Addition was reconvened after having been continued from the May 18, 1982 city council meeting. Mr. Colbert explained that the same facts appeared regarding objections by property owners and the appeal after which an agreement has now been entered into between the property owners and the City regarding the dismissal of the appeal with the exception of the rate of interest to be charged on the assessments. Upon motion by Egan, seconded Thomas, it was resolved that the assessment hearing for Project #264B be closed, that the assessment roll submitted on May 18, 1982 be approved, that the agreement between the property owners and the City regarding the appeal be accepted and that the staff be authorized to certify the assessments to the County Auditor for collection. All voted in favor. CINNAMON RIDGE 31RD ADDITION - PROJECT #357 The public hearing concerning Improvement Project #357 regarding streets and utilities in Cinnamon Ridge 3rd Addition was convened by Mayor Blomquist. There was no appearance and no objections. Mr. Colbert explained the project to the Council and after discussion, Wachter moved, Thomas seconded the motion to close the public hearing, approve Project #357 and authorize the preparation of plans and specifications for the project. All voted yes. DENMARK AVENUE VACATION The hearing regarding the vacation of a portion of Denmark Avenue which was requested by adjoining property owners was then convened. One affected property owner was present and recommended approval. There were no objec- tions. After review by the Public Works Director, upon motion by Egan, seconded Thomas, it was resolved that the Council approve the vacation of the public right of way for Denmark Avenue, north of Wescott Road and adjacent to Lots 1 and 2, Block 1, Pilot Knob Heights Fifth Addition, subject, however, to the retention of a 10 foot drainage and utility easement over the westerly portion of the vacated right of way. All voted in favor. R 82 -30 4 Council Minutes I July 6, 1982 PROJECT #359 - PARK CLIFF 1ST ADDITION - STORM SEWER EXTENSION The hearing regarding the petition of the developer of Park Cliff Addi- tion to extend the storm sewer in the Addition resulting from extensive erosion was then convened by the Mayor. Mr. Colbert explained the proposal and there were no objections. Smith moved, Wachter seconded the motion to close the hearing, to approve Project #359 and to authorize preparation of plans and specifications for the project. All voted yes. ST. PAUL PIONEER PRESS - VENDING MACHINES Mr. Hedges stated that at the last regular meeting of the City Council on June 15, 1982, a representative of the St. Paul Pioneer Press and Dispatch appeared before the City Council to discuss whether a special permit was appropriate for the location of newspaper vending machines on public property throughout the city. It was the position of the council that a special permit is required for the placing of such vending machines for the purpose of selling newspapers within public rights -of -way and the Council members sug- gested the Pioneer Press submit an application for special permit, if it intends to keep the machines on the rights -of -way. It was further noted in the June 15 minutes that the Council scheduled reconsideration of the issue to the July 6, 1982 meeting. Mr. Hedges indicated that a meeting had been held between representatives of the newspaper and the City staff at which time 11 locations defined by the staff to interfere with public safety were reviewed. The newspaper representatives concluded that 4 of the 11 vending machines were considered hazardous according to the Memorandum from Mr. Runkle dated July 1, 1982. The Newspaper stated that the four would be removed completely and the balance could be relocated to safer locations. It was Mr. Runkle's under- standing that the representatives would be contacting the City Administrator on July 6 to discuss the possibility of continuance of two weeks or whether the City Council intended to discuss the matter at its July 6 meeting. It was noted no application had been submitted and further, no contact had been made with the City staff on July 6. There were no representatives from the news- paper present and it was determined that the matter would be continued until later in the meeting to see if there would be an appearance by such repre- sentatives. MISSION HILLS PD & PRELIMINARY PLAT The application of the County of Dakota to amend the Mission Hills Planned Development and preliminary plat of Dakota County Plat #1 was next considered. A request was made by the County to continue until the July 20 meeting and upon motion by Wachter, seconded Smith, it was resolved that the request be honored and the matter be reconsidered on July 20, 1982. All voted yes. A 06170 Council Minutes July 6, 1982 FEDERAL LAND CO. - EAGAN HEIGHTS COMMERCIAL PARK The application regarding Federal Land Co. for rezoning from R -4, LB & CSC to PD (Planned Development) for the Eagan Heights Commercial Park was then considered by the City Council. Martin Colon and Carl Dale and other repre- sentatives appeared on behalf of the applicant. The Advisory Planning Commis- sion on May 25, 1982 considered the application at length and then continued it until June 22, 1982 at its regular meeting. The APC recommended approval subject to extensive conditions. Mr. Dale reviewed the proposal in detail and suggested that a five year maximum time be allowed to construct the office building in area 6 and if not completed, that the property then revert to R -4 use. He stated there could be 400 to 500 apartment units in the complex under the original proposal. He discussed the buffering between the R -1 uses and the Planned Development to the north and he stated that the developer general- ly agreed with the recommendations of City staff. James Benshoof, Traffic Engineer, appeared on behalf of the applicant and stated that the traffic count would be nearly the same as the proposed development under the existing zoning, and further that the roadway system is adequate to accomodate the expected volumes under the proposal. Further, Mr. Dale requested that the Council consent to the use of the high rises indicated on the sketch plan, although the Planning Commission recommended against it. Further, the developer opposed the request that the developer acquire and construct all of Denmark Avenue, including the right of way on the west which is owned by Hillcrest Development Company. In addition, the sidewalk on the west side of Denmark would not be practical for the developer to construct according to Mr. Dale, because the developer had no control over the location. He also requested that Federal Land Co. be given the option to retain the southwest pond depending on the nature of develop- ment. It is proposed that there be a 16 story tower in phase 3 and a 12 story tower in phase 8. Councilman Smith opposed the right of way requirement for Denmark Avenue and stated that possibly a half right of way could be con- structed if necessary. He discussed storm drainage from the area which would flow to the north eventually and the impact that it could have on the O'Neill property on the north side of Lexington Avenue. John Klein appeared and presented his view of the history including the proposed trail around the north side of O'Leary Lake and the park that was proposed to be donated, including the location of a ball field. He stated further, that the original intent was that the development be constructed with the Williamsburg decor. Roger Sjobeck, a neighboring owner in the R -1 area in Duckwood Estates appeared and presented a petition from neighbors with 56 signatures. They had a number of recommendations, most of which the developer had agreed with at the Advisory Planning Commission meeting. Mr. Sjobeck stated that the high rise is undesirable for motels or office towers in the location, that CSC is incompatible with the R -1 zoning and that there is excessive R -4 in the general area. 00171 Council Minutes July 6, 1982 Scott Bader, a developer of Duckwood Trails appeared and explained that there is a balance of 148 units available for construction under the approval for Duckwood Trails. He stated that the owners had no objection to the development, but that they recommended that the plans be changed to provide for 414 units rather than 310 with 3 multi - family buildings, rather than townhouse use on the undeveloped area. He therefore stated he would object to the current zoning use to the north if the Duckwood Trails owners could not change their rezoning to multi- family. Mike Wold of St. Francis Wood and also a member of the Advisory Planning Commission was present and stated that he voted no at the Advisory Planning Commission meeting mainly because of the uncertainty of the use which could be for CSC uses also. He was further concerned about the high -rise near the R -1 development. Ron Krank, a developer of the Pilot Knob Shopping Center stated that there was no objection on behalf of that developer except that the developer too would request that the 20 acre parcel owned by them be given the same consideration for CSC uses. Other neighbors were concerned about the increase in the density of Duckwood Trails. Councilman Egan stated the City had control over high -rise buildings and that no committment would be made at the present time for the allowance of high -rise buildings. It was noted that there was already a problem of exces- sive commercial in the area and the concern of changing R -4 to Comercial use. Mayor Blomquist had certain questions including how much less park dedication would be granted if there is a change from R -4 to Commercial use; further, she was concerned about the water run -off to the north and the need for additional ponding on the O'Neill land. She also expressed her concern about the alter- nate uses proposed after the 5 year period converting from office to R -4 use. Mr. Colon stated that the developer would retain the southeast corner as R -4 if required, including 37 acres and it would then consist of at least 3.7 acres for park dedication. After extended discussion, Wachter moved, Egan seconded the motion to continue consideration of the application to allow the staff to research the park issue and also the history of the approval by the City of Eagan of the original proposal; further, to make recommendations as to the more specific uses of the property in the southeast corner in area 6; and to review the storm sewer drainage to the O'Neill property on the north side of Yankee Doodle; it was further understood that the application will be considered at the next meeting if possible, or at the latest on August 3, 1982. All voted in favor. COMSBRV #1 - FINAL PLAT The application of Comsery Corporation for approval of the final plat of Comsery #1 was considered. The staff indicated that all requirements of the City had been complied with and recommended approval of the plat. Wachter moved, Egan seconded the motion to approve the final plat subject to comple- tion of the torrens proceeding regarding a boundary line problem and compli- ance with all City requirements. All voted in favor. R 82 -31 SEE PLAT FILE 7 Council Minutes July 6, 1982 AMCON CORPORATION REZONING TO PD 001. The application of Amcon Corporation for rezoning from A (Agricultural) to PD (Planned Development) for a 19 acre parcel at the southwest intersection of I -494 and Pilot Knob Road was then reviewed by the City Council. The Advisory Planning Commission first considered the application on May 25, 1982 and continued the application until June 22, 1982 when the Commission then voted a 3 to 3 tie, on a motion to deny the application. Peter Stalland, attorney for Amcon Corporation and Mr. Patrick Gannon were present, as was Mr. 011ie Ulvilden. The councilmembers requested that the tape recorder be turned on to tape the proceedings. It was noted that this was the second application before the City Council, the first having been submitted in May of 1981 and finally was denied by the City Council in March, 1982. Peter Stalland re- viewed the history of the Amcon application and stated that the applicant understood the concerns of the City regarding safety under the flight path. He stated the Metropolitan Airports Joint Zoning Board has not been convened and further, the density is heavier in Bloomington than in Eagan or Mendota Heights within the runway pattern in that location. He further discussed the St. Paul City Council resolution, a copy of which was distributed regarding the downtown airport location. It was further noted that Zone B extends further east on the southerly east -west runway over Eagan than the Zone B over Mendota Heights because the south runway is longer. He indicated that normally there would be 600 feet from the top of the proposed high -rise building to the flight pattern of an airplane landing at Minneapolis -St. Paul International. Further, a letter from Mayor Garrison of Apple Valley favoring the project was submitted and reviewed by the Council. Mr. Stalland stated that it was unlikely that an accident would occur and that no commercial airline accident has ever occurred caused by landing or takeoff from Wold Chamberlain Airport. He further noted there was RB and LB zoning to the south and the comprehensive plan designates the subject property at RB. Mr. Ulvilden, the owner, stated he asked the city staff about the use and was allegedly told in 1978 that it could be used for motel and office purposes. Mr. Stalland argued that it would increase the Eagan tax base and real estate values and that a number of business owners in the area, including the Northern Dakota County Chamber of Commerce, favored the project. Councilman Wachter stated that he felt there were more accidents on takeoffs than landings and had questions about the stage that a pilot could bank an aircraft; he stated that it is his opinion that there are more landings than takeoffs in Eagan; that the noise abatement measures would be important and recommended signals in the event the project is approved at the access point on Pilot Knob. There was some discussion concerning a hold harmless agreement which could use in the alternate, a performance bond, letter of credit or possibly an insurance policy to cover an extended hold harmless agreement whereby the City would be indemnified in case of any loss due to an accident in the location. 0 OC 173 Council Minutes July 6, 1982 Dick Heinz, the Assistant Commissioner of Aeronautics in the Minnesota Department of Transportation was present. He suggested the City contact the Metropolitan Airports Commission and ask that the Joint Zoning Board be con- vened. He stated that in 1983 the Minnesota Legislature directed the Divi- sion of Aeronautics to draft recommended zoning rules and a hearing was held in 1974 based upon zoning regulations acquired from samples throughout the country. He stated the heights of the buildings are not an issue and that the height regulations of MnDOT are the same as those promulgated by the FAA. He stated the issues were density and land uses. Mr. Stalland requested that the Council make a decision at the current meeting regarding the application. After extended discussion, Egan moved, Smith seconded the motion to continue the application until such time as the City staff can request through Ray Glumack, the Director of the Metropolitan Airports Commission, to convene the Joint Zoning Board to consider the adoption of zoning regulations; further, that a report be submittd to the council as soon as possible as to whether the MAC will convene to review and consider adoption of such regula- tions because of the concerns of the City Council for health, safety and welfare of ultimate users of the proposed development, with the understanding that the council will reconsider the application no later than August 3, 1982. Blomquist, Egan and Smith voted yes. Wachter and Thomas voted no. PIONEER PRESS VENDING MACHINES At approximately 11:00 p.m. the Mayor again discussed with the Council the location of the Pioneer Press and Dispatch vending machines on City rights -of -way. There was no appearance on behalf of the newspaper staff and after discussion concerning the acute safety and welfare of residents and motorists, due to the precarious location of certain newspaper boxes through- out the City, it was suggested that the remainder of the 11 boxes that have not been removed by the Pioneer Press be removed by the City staff immediate- ly. It was noted that there had been numerous complaints from property owners, from residents and other persons working in the City concerning their location and the hazardous impact upon drivers and pedestrians. Smith then moved, Egan seconded the motion to declare that the 11 vending machines desig- nated by the City staff to be in an unsafe and hazardous location be declared dangerous to motorists and pedestrians within the City and that the staff be directed to remove the 11 boxes as soon as possible and to continue considera- tion of the location of all of the boxes until the next regular meeting. All voted in favor except Wachter who voted no, indicating that he did not object to the removal of the boxes, but objected to the cutting of the chains securing the boxes. E f y Council Minutes July 6, 1982 CITY HALL EXPANSION UPDATE Councilmembers reviewed the list of members of the City Hall Expansion Committee and Councilman Wachter suggested that all former town board members and council members be invited to become members of the committee. He sug- gested that Art Rahn, Ed Schwanz, John Klein, Leo Murphy and Mark Parranto be invited to become members because of their background on the town board and council. He moved that they become members. There was no second and the motion died, with other councilmembers indicating that the committee already has been formed and that it would become an unweildy committee in size if the number is increased substantially. CONTRACT #82 -3 - OSTER ADDITION - STORLAND ROAD UTILITIES The bids for Contract #82 -3 were received on June 29, 1982 and it was recommended that the low bidder, Encon Utilities, Inc. with the base bid of $110,018.00 be approved and awarded. Egan moved, Thomas seconded the motion to approve the recommendation and award the contract to Encon Utilities, Inc. as proposed. All voted in favor. CONTRACT #82 -5 - CONSERV #1 - STREETS AND UTILITIES OFF SALE LIQUOR LICENSE POLICY Kraus Anderson, the developer of the proposed Pilot Knob Shopping Center had requested that the Council consider an amendment to its Off Sale Liquor License Policy to allow MGM Liquor which would be an anchor tenant with approximately 12,000 square feet in the shopping center to be allowed an off - sale liquor license requiring an amendment to the Off Sale Liquor License Policy. Councilmembers indicated that a change in the policy would not be considered unless there is substantial change in conditions and noted that the council had recently amended its policy. Two off -sale liquor licenses are not active, although they have been issued and Councilman Wachter requested the staff to acquire information regarding the policy of other communities where issued off sale liquor licenses are not active. Smith moved, Egan seconded the motion to deny the request of Kraus Anderson for a change in the Policy, noting that conditions are essentially similar to those that existed when the policy was last changed. All voted yes. 10 The bids for Contract #82 -5 were received by the City on June 29, 1982 and the low bidder for the contract covering utilities and street improvements in Comsery #1 Addition was Rauenhorst Corporation in the sum of $496,803.00. The staff recommended approval of the low bid. Wachter moved, Egan seconded the motion to approve the grant of the contract to Rauenhorst Corporation as recommended. All voted in favor. OFF SALE LIQUOR LICENSE POLICY Kraus Anderson, the developer of the proposed Pilot Knob Shopping Center had requested that the Council consider an amendment to its Off Sale Liquor License Policy to allow MGM Liquor which would be an anchor tenant with approximately 12,000 square feet in the shopping center to be allowed an off - sale liquor license requiring an amendment to the Off Sale Liquor License Policy. Councilmembers indicated that a change in the policy would not be considered unless there is substantial change in conditions and noted that the council had recently amended its policy. Two off -sale liquor licenses are not active, although they have been issued and Councilman Wachter requested the staff to acquire information regarding the policy of other communities where issued off sale liquor licenses are not active. Smith moved, Egan seconded the motion to deny the request of Kraus Anderson for a change in the Policy, noting that conditions are essentially similar to those that existed when the policy was last changed. All voted yes. 10 00175 Council Minutes July 6, 1982 SPECIAL ASSESSMENT CO*!ITTEE The Eagan Special Assessment Committee met on June 14, 1982 and made recommendations concerning policy revisions regarding special assessments. The following policy revisions were reviewed including the existing planned use versus zoning policy, the ponding easement for trunk area assessments, the large lot storm sewer trunk area assessment policy and lateral street assess- ments for county and state road construction. After discussion and upon motion by Smith, seconded Wachter, it was resolved that the recommendations of the Assessment Committee regarding those issues as elaborated in the committee minutes of June 14, 1982 be approved. All voted in favor. SEE ASSESSMENT COMMITTEE MINUTE BOOK SAFARI ESTATES WATER RESERVOIR Mr. Colbert and Mr. Hauge reviewed with the Council the proposed acquisi- tion of 1.5 acres of land for the 4 million gallon water reservoir adjacent to Safari Estates near the Apple Valley boundary including access road. The Council earlier authorized an offer to be made to the Sieg family which has been turned down and it was now recommended that the Council take the following action: 1. Authorize the preparation of a formal certificate of survey for the permanent acquisition and temporary easement access. 2. Authorize the hiring of an appraiser to prepare a land value appraisal for both permanent and temporary easement taking. 3. Authorize the staff to initiate condemnation proceedings for the acquisition of the property if a negotiated agreement cannot be reached. Noting the importance of proceeding with the acquisition of the property and the construction of the reservoir in 1983, Egan moved, Smith seconded the motion to accept the recommendation of staff and authorize the staff to pro- ceed according to the proposal, including the commencement of condemnation proceedings for the acquisition of the parcel noting that the acquisition is in the public interest. All voted in favor. GREEN ACRE PROPERTY A list of the parcels in the City of Eagan currently under Green Acres for real estate tax assessment purposes was submitted by the Dakota County Auditor's office and reviewed by the Council. Noting that there appeared to be certain owners of property that did not appear to comply with requirements of the Green Acres law, Wachter moved, Egan seconded the motion to direct the Administrtor to request the County Assessor and Auditor to submit an explana- tion of the criteria used to determine eligibility for Green Acres coverage and the basis for the determination for each owner being qualified under the Green Acres Statute. All voted yes. 11 0(11 I6 Council Minutes July 6, 1982 VEGETABLE STAND ON HIGHWAY #49 A request from Richard DeWilde for the operation of a vegetable market at the old gas station at the northeast intersection of Highways #49 and #55 was next considered by the Council. The request was made for a special permit covering the period of July 16 through October 31, 1982. Council members indicated the site appeared to be appropriate and Thomas moved, Wachter seconded the motion to approve the request with the understanding that the applicant will comply with all City requirements. All voted yes. CLEARVIEW HOMEOWNERS PETITION — ORRIN THOMPSON A petition from homeowners in Clearview Addition complaining about the operation of the construction site on the Orrin Thompson homes property south of Cliff Road near Blaekhawk Road concerning its unsightliness was reviewed. The complaint was that the property was unsightly and that debris is allowed to blow around the area causing a nuisance for the neighboring residents. The Councilmembers requested that Orrin Thompson Homes be directed to move the construction site farther south from Cliff Road and to keep the site clean and in an orderly fashion to avoid further complaints and nuisance. STREET LIGHT LOCATIONS Tom Colbert reported to the Council concerning a study regarding proposed street light locations for major intersections and stated that there are 28 major intersections that would be appropriate for such locations. The cost would be $6,800.00 for installation and energy estimated at $3,000.00 per year. An alternate would be a contribution of approximately $24,000.00 for installation which would result in lower energy cost on an annual basis. He presented a map showing existing and proposed locations. No further action was taken. FEDERAL SURPLUS DEPOT Mayor Blomquist recommended a resolution from the City Council requesting the State of Minnesota to continue to operate a federal surplus depot in the twin cities location in order to allow the purchase of federal surplus equip- ment at a reduced price. Blomquist moved, Smith seconded the motion to authorize such resolution be forwarded to the State of Minnesota. All voted in favor. 12 001'77 Council Minutes July 6, 1982 BLOCK PARTY STREET CLOSURES Mr. Colbert requested of the council some guidelines regarding the re- quest for closing of streets for block parties within the City. It was noted that the police department has been handling the requests up to this date and that there have been no complaints concerning the method of block closures. The council directed the staff to prepare a policy regarding the administra- tion of block closures for street parties and that it be administered by the police department. JERRY THOMAS - HOUSE MOVING PERMIT A request from Jerry and Carol Thomas for a permit to move a residence within the City to the Thomas property on Pilot Knob Road was considered by the Council. Smith moved, Wachter seconded the motion to approve the applica- tion. All voted in favor except Thomas who abstained. CHECKLIST Wachter moved, Egan seconded the motion to approve the following Checklist dated: July 6, 1982 All voted yea. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:10 p.m. All voted in favor. PHH Seer Wry 13