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i C:il r2 REQUEST FOR COUNCIL CONSIDERATION Agenda Section I _ I I STAFF REPORT Report Number: gL ,.;;;P�,,;:M Report Date: 9/19/96 CITY COUNCIL MEETING DATE = ° ; ,:'•7:%Yt September 23, 1996 Special Order of Bus. �A '°�iest Partrert�lQ' Consent Agenda _ Public Hearings X Council Business Item Description: Consideration of Resolution No. 5009 initiating eminent domain proceedings and the use of the quick take process under Chapter 117 of the Minnesota State Statutes for an easement on a portion of the property located at 2535-2585 Highway 10 and identified by PIN#07-30-23-11-0079 for construction of a pedestrian bridge over Highway 10. Administrator's Review/Recommendation: -No Comments to supplement this report • -Comments attached. - Explanation/Summary(attach supplement sheets as necessary) l Summary: • The City is pursuing construction of a pedestrian bridge over Highway 10 at Long Lake Road. A bridge design has been developed by BRWY a-consulting firm, and a citizens committee. Progress on this project depends on obtaining easements from adjacent property owners for the location of bridge abutments and for construction. One of the easements is for the bridge abutment on the north side of the highway on property which is part of Mounds View Square shopping center. Staff has discussed acquiring an easement with the property owners. The owners are concerned about the effect of the bridge placement on the visibility of the opping center and its sign. They have asked whether the City could, in exchange, approve a sign variance as ell as the addition of square footage to the shopping center. We have been advised by the City Attorney that • the approval of a variance cannot be guaranteed through an easement agreement, but the variance request must go through the normal process. At your study session on September 3, 1996, staff presented several options for acquiring this easement. Staff is suggesting that the City Council pursue two of these options at the same time, to assure that the easement will be obtained within the necessary time frame. Option 1: The property owners intend to submit an application for a conditional use permit regarding joint use of parking, and variances for a new center identification sign and for revised parking ratios. We have estimated that the variance requests could be before Planning Commission, and the CUP before City Council by the end of November or beginning of December. Our consultant working on the bridge, Sabri Ayaz, has told us that the easements need to be acquired by December 15. This schedule will allow the property owners to know the decision on their requests in time to grant an easement, before the December 15 deadline. Option 2: As insurance at this point, the City Council would initiate eminent domain proceedings for acquiring the easement using the"quick take" process. This process takes 90 days, and once initiated, will result in the City receiving the easement. A resolution has been prepared authorizing the acquisition of this easement. aniela Sheldon, Community Developent Director iiitECOMMENDATION: Adopt the attached resolution authorizing the acquisition of property by proceedings in eminent domain.