Agenda - Planning Commission - 10/07/2004

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Councilmcmber Kurak questioned if the requirement ofMr. Bauer to pay 30% of the City's costs to acquire the right-of-way, not to exceed $8,000, as it was included in the amendment to this motion, is included in this. City Attomcy GOOdlich explained this requirement is not included in the resolution, but that direction needs to be complied with. Motion by Councilmember Cook, second by Councilmember Kurak, to adopt Resolution #04- 08-217 authorizing the acquisition of pennanent street and utility easements necessary for the extension of l60lh Lane NW. Further Discussion: Councilmember Kurak asked when the appraisals are expected to come back. City Attorney Goodrich replied the City's appraisals are complete. It is up to the Dusbabek's and Kaas' to obtain their own appraisals if they choose. Lori Kaas, 7155 - l60th Lane, statcd they feel this is coming out of the blue, as they just got their paper work yesterday. Assistant Community Development Director Trudgeon called them today as they were working and they did not have a chance to return his call. She is not sure what is being resolved this evening that is different than two weeks ago. Mayor Gamec explained if this issue cannot be resolved, this would need to go .to eminent domain, which means taking the land and then possibly going to court. Councilmember Strommen explained this is the same resolution discussed at the last meeting; it is just being formalized. Ms. Kaas stated as they move forward, perhaps the homeowners could receive their communication sooner. 24 hours notice is not much time to prepare for a meeting like this. Councilmember Cook explained the action tonight does not change anything, it just finalizes the action from the last meeting. Ms. Kaas stated she appreciates that, but they were just contacted today and they should be given a little more advance notice. City Attorney Goodrich noted it was stated at the last meeting that this would be on tonight's agenda. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cook, Elvig, Kurak, and Strommen. Voting No: Zimmennan. Absent: Councilmember Pearson. Case #7: Receive Bids and Award Contract for Project #04-24 Helium Street/169th Drainage Project Assistant Public Works Director Olson indicated authorization to advertise for bids for project #04-24 Helium Street!l69lh Drainage Project was ordered on July 13, 2004, and bids were received on Friday, August 6, 2004. Staff recommends award of this project to Penn Contracting, [nc., the low bid contractor in the amount of $66,240. This amount is a little higher than the $60,000 estimate. The award of the bid should be contingent on working out an agreement with the adjacent landowner to be sure the City has the easement necessary to complete this job. The notice of award will not be sent to Penn Contracting, Inc. until the agreement is met. City Council! August 10, 2004 Page 21 of 27 P35