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Elk River City Council Minutes May 10. 1999 Page 4 e 5.6. Cartway Discussion City Attorney Peter Beck updated the council on the Eagle Lake/Cartway issue presented by Cecilia Scheel. He indicated that after review of the issue, documents which the staff have reviewed indicate that Eagle Lake Road was properly established in 1895, thus extinguishing the prior cartway, and properly vacated in 1968, thus vacating all public interest in the right-of-way. Councilmember Thompson requested that Madalyn Moos and Cecilia Scheel receive a copy of the memo from the city attorney. 5.7. Consider Resolution Initiating Eminent Domain Process City Attorney Peter Beck indicated that he has drafted a resolution which authorizes staff to try to acquire certain property through negotiation, and if negotiation fails, to acquire the property through eminent domain. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-39 AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN ACCORDANCE WITH MINNESOTA STATUTE 117.042. COUNCILMEMBER THOMPSON SECONDED THE MOTION. e Curt Charest 706 Quinn Avenue, property owner, questioned why this parcel of property has become such an interest to the city. Steve Rohlf indicated that there are several reasons, one being that the 1997 Master Park and Recreation Plan identifies the need for an area wide park in the southeast portion of the city along the Mississippi River. THE MOTION CARRIED 5-0. 5.8. Consider Special Meetina on Mondav, May 17, 1999 COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON MONDAY, MAY 17,1999, FROM 5 TO 6 P.M. TO HEAR A PRESENTATION OF THE 1998 CITY AUDIT AND FINANCE DEPARTMENT ANNUAL REPORT. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10. Verbal Update on East Elk River Easement and Riaht-of-Way Acquisition City Administrator Pat Klaers indicated that the EDA has recommended that the city enter into a purchase agreement for the Brown property which is associated with the east Elk River project. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE THE CITY TO ENTER INTO A PURCHASE AGREEMENT, WITH PART OF THE MONEY TO COME FROM THE DEVELOPMENT FUND, FOR THE PURCHASE OF THE BROWN PROPERTY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. e Councilmember Motin suggested that the city move forward on the Kirkeide property purchase. Mayor Klinzing noted that she will vote against this motion as she feels the city is moving ahead too fast on the purchase of this property.