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City Council Minutes <br />September 14, 1998 <br />Page 6 <br /> <br />OF 1998. COUNClLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED <br />,5-0. <br />MAYOR DUITSMAN MOVED APPROVAL OF RESOLUTION NO. 98-99, A RESOLUTION <br />ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE MA'FrER OF THE <br />EAST ELK RIER IMPROVEMENT OF 1998. COUNClLMEMBER DIETZ SECONDED THE <br />MOTION. THE MOTION CARRIED 5-0. <br /> <br />Pat Klaers noted that the Council may consider taking action on any or all of the <br />following at the September 28, 1998, public hearing: ordering the improvement, <br />ordering preparation of the assessment roll, approving the plans and <br />specifications, and ordering the advertisement for bids. <br /> <br />Terry Maurer indicated an additional action the Council would need to take is <br />authorization to negotiate utility easements. <br /> <br />Discussion followed regarding the use of federal funds for road right of way <br />acquisition costs, rather than MSA funds for the area south of County Road 12. <br /> <br />Terry Maurer indicated the federal funding process and approval by MN/DOT will <br />likely be completed in January 1999. At that time the city may enter into an <br />agreement which will allow the city to purchase right of way and be reimbursed <br />with federal dollars. <br /> <br />Discussion followed regarding acquisition issues. Pat Klaers indicated he will <br />update the property owners affected by the road right of way. He also noted <br />there are right of way issues that need to be resolved for the commercial/business <br />park project and the possibility the city may need to exercise its power of <br />eminent domain to condemn land. The alternative would be an inflated price for <br />the property which could extend the life of the TIF district. Mayor Duitsman <br />indicated he was not in favor of condemning property, but it may be necessary <br />in order to avoid extension of the TIF district. <br /> <br />9. Staff Updates <br /> <br />a. Letter from Rick Foster <br /> <br />Pat Klaers indicated a request has been received from Rick Foster to allow a <br />group of people to hunt on his land know as "Pintail Ponds", which is located on <br />the eastern edge of the city limits and is in a "no hunting" area. The Police Chief <br />is reviewing the request and will have a recommendation for the Council at the <br />September 21, 1998, meeting. <br /> <br />b. September 21, 1998, City Council Meetinq <br /> <br />Pat Klaers indicated he will be on vacation on the 21st and will not attend the City <br />Council meeting. <br /> <br />10. Adjournment <br /> <br />There being no further business, MAYOR DUITSMAN ADJOURNED THE MEETING. <br />The meeting of the Elk River City Council was adjourned at 8:45 p.m. <br /> <br /> <br />