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2001-10-02 City Council minutesPage No. I October 2, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 2, 2001 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Krebsbach, Schneeman and Vitelli. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved to table approval of the minutes of the regular meeting held on September 20, 2001 to allow expansion of the discussion relating to property negotiations. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, revised to move items 5a, Parks and Recreation Commission minutes, 5e, Kipp developers agreement, and 5f, "Change Your Clock, Change Your Batteries," to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 24, 2001 Planning Commission meeting. b. Acknowledgment of the Building Activity Report for September. c. Acknowledgment of cancellation of the October Parks and Recreation Commission meeting. d. Adoption of Resolution No. 01-57, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLLS FOR THE MARIE AVENUE MILL AND OVERLAY PAVING Page No. 2 October 2, 2001 PROJECT (JOB NO. 200101, IMPROVEMENT NO. 2001, PROJECT NO. I)." e. Approval of the list of contractor licenses dated October 2, 2001. f. Approval of the List of Claims dated October 2, 2001 and totaling $61,422-62. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PARKS AND RECREATION Council acknowledged the minutes of the September 20 Parks COMMISSION MINUTES and Recreation Commission meeting. Councilmember Vitelli stated that he would like to get the message to the commission and to staff that he does not want any discussion about postponing the Ivy Falls tennis court reconstruction. He is receiving complaints from people that it is unusable, and he felt that the city should either fix it or plow it under. Councilmember Schneeman stated that she had suggested that Council should look at the issue now. There is a senior citizen who organizes senior use of the courts. She felt it would be prudent to see what courts are being used and where Council should be putting the city's money. It is important to see how much tennis court use there really is. She also asked for more information on why Council should not proceed with the reconstruction next construction season. Mayor Mertensotto stated that the commission does not want to spend Special Park fund money next year for the tennis courts and is looking for Council to make funds available. He asked Councilmember Vitelli if he wants to include the reconstruction in next year's capitol improvement program. Councilmember Vitelli responded that he does want it done next year, and that the work should be thought of as maintenance and not as a Special Park Fund expense. Staff can decide where to finance it. Councilmember Kiebsbach stated that she would also like to know which courts are the most recently upgraded. She stated that the question is whether to upgrade or remove the courts, and if Council should make a decision to remove them, that decision should be based on the number of courts, availability and condition of the courts and which are available to this neighborhood. Ayes: 5 Nays: 0 Page No. 3 October 2, 2001 Councilmember Dwyer moved to approve the Parks and Recreation Commission minutes. Councilmember Vitelli seconded the motion. Councilmember Schneeman pointed out that Council is just asking for more information tonight and is not taking action on the Ivy Falls park tennis court matter. KIPP ADDITION Council acknowledged a memo from Public Works Director Danielson regarding proposed amendments to the Kipp Addition Developers agreement, along with the proposed agreement and a letter from Mr. Neal Blanchett. Mr. Kipp and Mr. Blanchett were present for the discussion. Mr. Blanchett informed Council that the agreement with the Pabst family regarding maintenance of the center island will be recorded as a separate agreement so that the city is not in the middle of the agreement. A final paragraph was added to the original draft to give Mr. Kipp a ten year window to delay development of the plan if he is able to, which is in accordance with the wishes of the neighbors. Mayor Mertensotto asked Mr. Blanchett if he is asking Council to freeze the escrow for public improvements. He stated that Council did not intend to defer development for ten years and by putting the ten years in the agreement, the escrow is being frozen. He also asked about the park contribution, and how Mr. Kipp will give notice to future property owners. Mr. Blanchett responded that Mr. Kipp intends to file the plat now, and the park contribution will be paid at the time the plat is executed. He stated that maintenance of the island is in a separate agreement that will be recorded with the county and he will work with the city to make sure everything is covered in the appropriate place. Mayor Mertensotto pointed out that the city could be held to the developers agreement and Mr. Kipp is asking Council to bind a future Council without present consideration. Mr. Blanchett stated that under state law Mr. Kipp only has two years to develop the plat and he is asking to extend that to ten years by agreement. Page No. 4 October 2, 2001 Couricilmember Dwyer stated that he cannot recall the number of hours Council and the Planning Commission have devoted to this project on a rush basis. The discussions were acrimonious and there was a high level of feelings by everyone, but the plat was finally approved. He stated that Council worked with Mr. Kipp in good faith and that he is disappointed that IVh-. Kipp is now saying he does not want to do anything with it for ten years. Mr. Blanchett responded that after the final plat was approved, he and Mr. Kipp met with Mr. Tim Pabst to patch things up and the delayed development was one of the things Mr. Kipp offered. Mr. Pabst though it was a good idea, and requesting the amendment is an effort to maintain that understanding. Mayor Mertensotto stated that there was never any discussion with Council about delayed development. He asked what the present consideration is that gives Council authority to bind a future Council. There must be some benefit to the city to enter into the agreement, and there is none. Mr. Blanchett responded that the fact that the city is asking for a developers agreement highlights the fact that the city has benefit. Councilmember Dwyer stated that he is not satisfied that the city is benefited by clause 10 and he would like it stricken. Mayor Mertensotto stated that perhaps there should be no developers agreement and Mr. Pabst would be on his own. He pointed out that the city will not issue any building permits until the public improvements are installed. Councilmember Schneeman asked Mr. Blanchett if he is thinking that the city will go ahead with the improvements. She also asked if Mr. Kipp is planning on keeping the property or if he plans to sell the entire piece in the future. Mr. Blanchett responded that he has not set a timeline yet, so he cannot say what he envisions on what and when things will happen. Mr. Kipp stated that he has no intention at this time of selling any lot within the plat. Responding to a question from Councilmember Krebsbach, Mayor Mertensotto stated that if Council does not approve the developers agreement, they would have to waive the requirement for the Page No. 5 October 2, 2001 agreement because one of the conditions of plat approval was execution of a developers agreement. The agreement is of no benefit to the city and to say Mr. Kipp can go out ten years with no changes takes control away from a future Council. It would be better to take away the developers agreement requirement. Mr. Kipp could file the plat but no one can get a building permit until the public improvements are in. The agreement is of no benefit to the city because it is frozen to present day conditions. He did not feel that removing clause 10 would be in the best interest of the city and recommended waiving the requirement for an agreement. Mr. Blanchett stated that Mr. Kipp could remove the ten year window. As originally drafted and under state law, he has two years to develop. The developers agreement was initially proposed by the city and perhaps cit staff can speak to the conditions. Mayor Mertensotto pointed out that Council was not given both drafts of the agreement for comparison. Mr. Kipp requested that the matter be tabled to give him time to work with city staff. Councilmember Dwyer stated that the developers agreement sets out what the undertakings of the applicant are and he felt there should be a document that preserves that information. He felt there is virtue in having the original draft of the agreement and the new proposal for comparison. Councilmember Krebsbach stated that Mr. Kipp may also wish to have some documentation that the Pabsts are in favor of the ten year delay. Councilmember Krebsbach moved to table the matter. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 FIRE PREVENTIONNIRE Council acknowledged a memo from Fire Chief Maczko and SAFETY AWARDS a proposed resolution proclaiming October 28 as "Change Your Clock, Change Your Batteries" day. Council also acknowledged a memo from Fire Marshal Paul Kaiser regarding the tenth annual fire safety awards. Page No. 6 October 2, 2001 Chief Maczko informed Council and the audience on the importance of the "Change Your Clock, Change Your Batteries" program. He also reviewed the myriad of activities the Fire Department has planned during October, which is Fire Prevention Month. The activities include visits to local schools, the Fire Department Open House, the annual Firemen's Dance and the Halloween Bonfire. Fire Chief Maczko stated that the purpose of the fire safety award program is to recognize businesses in the community that consistently emphasize the importance of fire safety in the workplace. Adhesive backed emblems have been prepared, to be attached to previous plaques, for several firms and a new plaque will be awarded to the Tuthill Corporation to acknowledge its work, in creating a fire safe atmosphere. The following firms will receive emblems: A.R.R.T, Center for Diagnostic Imaging, Ecolab, General Pump, L.C.S. Metal Stamping, Mendakota Country Club, Minnesota Knitting Mills, Patterson Dental Supply, Somerset Country Club, Specialty Equipment and Tempco Manufacturing. Councilmember Schneeman moved to recognize the twelve firms for fire safety. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 Councilmember Dwyer moved adoption of Resolution No. 01 -58, "A RESOLUTION PROCLAIMING OCTOBER 28, 2001 AS "CHANGE YOUR CLOCK, CHANGE YOUR BATTERIES" DAY." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Ms. Mimi Krueckeberg, 680 Wesley Court, informed Council that her neighborhood streets were given a slurry seal last week. The sealing was completed in the afternoon and the roads were closed. The next day Wesley was opened, and at the same time, a BFI trash track came through. While maneuvering the truck, the driver badly damaged the street surface. Public Works Director Danielson stated that Engineer Mogan is aware of the damage and has put the contractor on notice that the city wants it repaired as quickly as possible. He stated that he will ask Engineer Mogan to notify the home owners about what is going on. Page No. 7 October 2, 2001 Councilmember Dwyer stated that the street is gouged and not acceptable. The contractor is out of state, and he doubts the contractor will come back and fix it unless the city pays for the repair. Mayor Mertensotto stated that staff should get a bid from the contractor, and notify BFI after the costs are known that their truck damaged a freshly done street. Mr. Jim Weisbecker, 695 Wesley Court, stated that he suspects the paver also did something improper in laying the surface. He suggested withholding payment for the project until something is done. Public Works Director Danielson stated that he will update Council through the "Friday News" and staff will also communicate with the residents. HOHENSTEIN RESIDENCE Council acknowledged memos from Engineering Technician Guy DEMOLITION Kullander regarding bids received for the demolition of the structures on the former Hohenstein property at 1898 Dodd Road and for pre-demolition removal of hazardous materials from the buildings located on the property. Councilmember Vitelli moved to award the contract for demolition to Bolander & Sons, Inc., for its low bid of $20,330.00, and to award the contract for pre-environmental clean tip of the structures located at 1898 Dodd Road to Twin City Abatement Technologies, Inc. for its low bid of $6,350. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 VALLEY PARK BRIDGE Council acknowledged a memo from Public Works Director Danielson regarding bids received for construction of abutments, grading, and the installation of a pedestrian bridge under the Valley Park trail. The bridge will replace a culvert that has been washed out several times because of heavy runoff incidents. Councilmember Dwyer moved to award the bid for construction of abutments, grading and bridge installation to Veit and Company, Inc., for its low bid of $37,293.00, costs to be financed by the Storm Water Utility Fund. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PUBLIC WORKS PARKING LOT RESURFACING Ayes: 5 Nays: 0 Page No. 8 October 2, 2001 Council acknowledged a memo from Public Works Director Danielson regarding bids received for resurfacing the Public Works Garage parking lot. Councilmember Vitelli moved to authorize the issuance of a purchase order to Pine Bend Paving for its low bid of $22,600 to resurface the Public Works Garage parking lot, the costs to be financed by the Facility Reserve Fi-md. Councilmember Schneeman seconded the motion. CASE NO. 01 -32, TROOIEN Council acknowledged an application from DS of Centre Pointe (GNB) for front yard setback variances to allow the replacement of two free-standing signs at 1101 Centre Pointe Curve. Council also acknowledged associated staff reports. Mr. Dennis Trooien was present for the discussion. Assistant Hollister reviewed the application and the Planning Commission discussion and recommendation for Council. Mr. Trooien would like to place two signs along Lexington Avenue, 18 feet from the right-of-way line, which would require an 82 foot variance because the property is zoned B-lA. Mr. Trooien proposes to average the setback of the two existing signs that will be removed. Mayor Mertensotto, pointed out that the signs are proposed to be seven feet high. He asked about lighting, informing Mr. Trooien that Council has set the intensity of lighting at the same standard as the City Hall sign lighting. He asked Mr. Trooien why he needs to located the signs at 18 feet rather than 20 feet. Mr. Trooien responded that he would like to average out the distances of the existing signs from the street. The existing south entry sign is much closer and the north is farther from the street than what he is proposing. In comparison to his neighbors, one of the Centre Pointe signs on the north side of the Roseville Properties building is set back 20 feet from the curb. His signs will be 30 feet fro the curb. Another Centre Pointed sign is, along Lexington Avenue just south of his building, is 27 feet from the curb line, and his would be 30 feet. The Super America sign is 27 feet from the curb. He stated that he tried to go along with the ordinance with respect to lawful non-conforming uses. His signs are non- conforming because of location, not size. He understands that he can change the non-conforming use as long is it is not less restrictive. Page No. 9 October 2, 2001 Mayor Mertensotto pointed out that the existing signs are not 7 feet high. As far as he is concerned, the bigger the sign is the better off Mr. Trooien would be to move it back. Mr. Trooien stated that he can reduce the height of the block if Council desires. The SuperAmerica sign is higher, and the Centre Pointe sign is possibly closer to six feet tall. Councilmember Dwyer stated that what he has in mind for this comer is to have uniform and attractive signs. If Mr. Trooien reduces the sign height to six feet, he could agree to the variances — if the Centre Pointe sign is six feet tall. Councilmember Dwyer moved adoption of Resolution No. 01 -59, "A RESOLUTION APPROVING FRONT YARD SETBACK VARIANCES FOR TWO SIGNS FOR DENNIS TROOIEN OF DS OF CENTRE POINTE (GNB) AT 1101 CENTRE POINTE CURVE," conditioned upon the signage being the same height as the Centre Pointe signs and lit in the same fashion as the Centre Pointe signs. Councilmember Vitelli seconded the motion. Councilmember Vitelli stated that he would support Mr. Trooien in that he has come before Council and the Planning Commission many times. He felt that the motion is appropriate and would give Mr. Trooien the same heights as the Centre Pointe sign. What Mr. Trooien is proposing is a lesser violation of the ordinance. Mayor Mertensotto responded that he is not asking Mr. Trooien to come back. He pointed out that no one knows for sure what the height of the Centre Pointe sign is. Councilmember Krebsbach stated that she is interested in the setback because Lexington Avenue is a very busy street. Centre Pointe is a frontage road. Mr. Trooien responded that the Roseville Properties sign on Lexington is three feet closer to Lexington than his proposed signs. He also was not sure the Centre Pointe signs are lit, and if they are not, stated that he would like to have what is a normal back lit sign like the City Hall sign. Councilmember Dwyer responded that the motion is that the sign lighting be the same as the Centre Pointe signs. Mr. Trooien should Page No. 10 October 2, 2001 work with city staff to determine the height and lighting of the Centre Pointe signs. VOTE ON MOTION: Ayes: 3 Nays: 2 Mertensotto, Krebsbach CASE NO. 01 -33, CONROY Council acknowledged an application from Mr. Patrick Conroy for a conditional use permit to allow the installation of a six foot tall fence along the side/rear property line of 952 Stratford Road, within 30 feet from Victoria Road. Council also acknowledged associated staff reports. Mr. Conroy was present for the discussion. Ayes: 5 Nays: 0 Assistant Hollister reviewed the application and the Planning Commission discussion and recommendation for Council. He informed Council that the property is immediately south of the Burow farm and that Mr. Conroy would like to install the fence to protect his children from the horses that are stabled at the farm. The grade change of the property is such that the Planning Commission felt that someone driving on Victoria would have to make a conscious effort to look for it. Public Works Director Danielson described the grade changes on the property. Councilmember Vitelli moved adoption of Resolution No. 01 -60, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SIX-FOOT HIGH FENCE FOR PATRICK CONROY AT 952 STRATFORD ROAD." Councilmember Schneeman seconded the motion. Councilmember Schneeman was concerned about the barbed wire fence along the Burow property. Mr. Conroy responded that he plans to place his fence I '/2 feet inside his property to allow room for maintenance. CASE NO. 01 -34, KLEHR Council acknowledged an application from Mr. Mike Klehr for a front yard setback variance to allow the addition of a wrap-around porch to his home at 528 W. Annapolis Street, 16 feet from the right- of-way. Council also acknowledged associated staff reports. Mr. Klehr was present for the discussion. Assistant Hollister reviewed the application and the Planning Commission discussion and recommendation for Council. He Page No. 11 October 2, 2001 informed Council that the lot abuts both Annapolis and Fremont. The house is in fairly bad condition and Mr. Klehr is remodeling it. He would like to replace an existing porch that is close to collapsing, and the replacement porch would require a two foot side yard setback variance. The existing porch is 29 feet from the property line, extending one foot into the setback. Councilmember Schneeman commented that the house next door to the Klehr house was at one time identical to the Klehr house and it has been beautifully restored. Councilmember Vitelli moved adoption of Resolution No. 01 -61, "A RESOLUTION APPROVING A FRONT YARD SETBACK FOR A WRAP- AROUND PORCH FOR MIKE KLEHR AT 528 ANNAPOLIS STREET WEST." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 STREET LIGHT REQUEST Council acknowledged memos from Public Works Director Danielson regarding a petition, circulated by Mr. & Mrs. Donald Mains, 1971 Overlook Road, for installation of a street light on an existing utility pole at the intersection of Lexington Avenue and Overlook Road. Mr. & Mrs. Mains were present for the discussion. Mr. Mains stated that the intersection is very dark and people have a difficult time fmding it at night. He and Mrs. Mains have spoken to their neighbors and circulated a petition for street lighting. The petition was signed by all of the people who live on the corners along with 26 residents on Overlook. There had been an objection from a resident on Kingsley Circle; however the resident has withdrawn the objection. He stated that everyone who signed the petition truly believe this is a matter of public safety, as it is very difficult to see where Overlook is at night. Councilmember Schneeman stated that there is an ornamental shrub at 1095 Overlook that really blocks the street sign and should be removed. She also suggested that the city replace the street sign with a new and better sign. Councilmember Krebsbach asked if it would be possible to install a shoebox style light so that light does not spill onto the home on Kingsley. Page No. 12 October 2, 2001 Public Works Director Danielson responded that he will work with Excel Energy to get a light that will spill onto the intersection and not onto the townhomes. The height of the light will be consistent with all of the cobra head lights on Lexington. Councilmember Schneeman moved to authorize the installation of a shoebox light at the intersection of Lexington Avenue and Overlook Road. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 PARK DEDICATION FEE Council acknowledged a memo from Assistant Hollister relative to a recommendation from the Parks and Recreation Commission for revisions to the city's park dedication fee policy. Assistant Hollister stated that Council reviewed but took no action on a similar recommendation from the Parks and Recreation Commission in 1997. The current fee is $750 per lot, and the commission is recommending an increase to $1,200 per lot. Every new lot brings new demands on the city's park system. Park dedication fees are placed in the Special Park Fund, which is used for park acquisition, development and enhancement. Mayor Mertensotto felt that the recommended fee is too low given land values in the city. Since park dedication fees are tied to the value of the lots, he felt that the fee should be increased to $1,500. Coimcilmember Schneeman stated that the city's fee has been very low compared to other cities. Mayor Mertensotto moved adoption of Resolution No. 0l -62, "RESOLUTION AMENDING RESOLUTION 91 -94, ESTABLISHING A PARK CONTRIBUTION FORMULA," to increase the park dedication fee to $1,500 per dwelling unit. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 TOWN CENTER Council acknowledged a memo from Administrator Lindberg regarding the initiation of the condemnation process for Town Center parcels by the quick take process. Page No. 13 October 2, 2001 Administrator Lindberg stated that during discussions on acquisition of Town Center properties, Council has reiterated their desire to acquire the property before the end of the year. For that reason, she asked if Council is willing to begin the quick take process. Mayor Mertensotto responded that if the process is not started soon, the city will be holding up construction of the Dakota County senior facility. Council spent a great deal of time trying to get control of the land and condemnation is overdue. All of the owners know that just because the city starts condemnation does not mean the city will not negotiate with them. He felt that Council should direct legal counsel to begin the process and the city should proceed with condemnation and cut off all attempts to negotiate. That does not mean that the land owners cannot come and say they want to negotiate. At that time, Council could go to Mr. Eriksson and have him negotiate. Councilmember Dwyer asked if Council is agreed that quick take should be used rather than the standard condemnation process. Mayor Mertensotto stated that the city has committed considerable money, and the longer acquisition is delayed the more the city's costs will increase. He felt Council that quick take is the best option. Councilmember Vitelli agreed that the city should move ahead with the condemnation process and have Faegre and Benson move quickly with the quick take so that the city owns the land by January. He did not agree that the city should cease to negotiate and felt that if negotiations continue, the city can negotiate a settlement. Mayor Mertensotto stated that his recommendation is based on accountability. If Faegre and Benson is accountable for proceeding with condemnation, only one entity would be involved in acquisition. If Faegre and Benson says that a land owner has contacted them and wants to negotiate with the city, Faegre and Benson can recommend that Council use Mr. Eriksson on the negotiation process. Councilmember Dwyer pointed out that the proposal Council is discussing is not only the quick take of the three larger parcels, but condemnation of all of the other remaining parcels as well. Attorney Schleck stated that if Council desires to acquire control of the three major parcels by the beginning of next year, quick take is the only process that will accomplish that goal. The bulk of the Page No. 14 October 2, 2001 expense in quick take is incurred after 90 days have run out. Nothing happens during those 90 days except negotiations. At the end of the 90 days, the proceeding is initiated. Quick take would only apply to the three major parcels. There are title issues related to the smaller parcels, so they will take the normal condemnation process. Councilmember Dwyer stated that once the notice is served to the property owners saying the city is initiating its rights, nothing can happen in terms of legal proceedings until 90 days expire. Attorney Schleck stated that the fiinction of the 90 days is to allow the parties to negotiate short of court proceedings. Councilmember Dwyer stated that it would be appropriate to send out the notice and use the 90 days to negotiate a compromise, but that would require the continued services of Mr. Eriksson. Mayor Mertensotto pointed out that the city would then incur double costs — both Faegre and Benson and Mr. Eriksson. Councilmember Dwyer responded that he would think the consultants would coordinate their activities. Faegre and Benson would not do anything until it needs to proceed to court near the end of the 90 days. It could well be that after the owners receive notice it could be clear that there will be an impasse. He agreed that Council would not want duplicated effort and that the city should go forward with just one consultant. Attorney Schleck stated that it would be in the city's best interest for Council to designate one or the other as the contact person during the 90 days. Councilmember Krebsbach stated that Faegre and Benson would be the primary contact and if the property owners want to negotiate that would signal Faegre and Benson to contact Mr. Eriksson. Mayor Mertensotto stated that Mr. Eriksson 1 has been working on acquisitions since July and nothing has happened. If the land owners were willing to negotiate with the city something would have been accomplished. He felt that the responsibility should be with special counsel and if the representatives want to negotiate they will contact Faegre and Benson. Page No. 15 October 2, 2001 Mr. Eriksson stated that he has had some good progress with some of the parties. The Tom Thumb representatives felt that they need an appraisal, and he should hear back from them soon in response to the city's offer. The representative he was working with at Oasis has been fired and the new representative is very receptive to selling the property. He is still at an impasse with the third property owner. With respect to accountability, he stated that it does not matter to him whether Faegre and Benson or the city would have him do the work. He understands the dilemma the city would be in where there is a law firm running the condemnation, and there must be a link between the city and the property owners. He stated that it would not bother him if Council says they want to proceed with the condemnation. When Faegre and Benson starts the process, they will be doing all the paper work and taking care of the title issues. Recognizing the public need for city acquisition of the parcels to assemble the property for the Town Center development, Councilmember Krebsbach moved to initiate quick take condemnation proceedings on the three major Town Center parcels (Tom Thumb, Oasis and Brian Birch) and standard condemnation proceedings on the remaining -parcels and to retain Faegre and Benson to initiate the proceedings and be the primary responsible party for the condemnations and if they choose to retain Steve Erikkson, Council is in agreement. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 PROPERTY ACQUISITIONS Council acknowledged a memo from Administrator Lindberg regarding a discussion with realtor Steve Eriksson with respect to purchase agreements for Town Center property acquisitions. Mr. Erikkson stated that there are matters of pending litigation and Council should meet in closed session to discuss them. COUNCIL COMMENTS Council briefly discussed Excel Energy issues. Councilmember Vitelli complimented the Planning Commission for its work, and the minute taker for her work. ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned to Page No. 16 October 2, 2001 closed session for discussion of Town Center property acquisitions. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:45 p.m. Ke(thleen M. Swanson City Clerk Charles E. Mertensotto, Mayor