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Councihnember Kurak questioned if the requirement of Mr. Bauer to pay 30% of the City's costs <br />to acquire the right-of-way, not to exceed $8,000, as it was included in the amendment to this <br />motion, is included in this. <br /> <br />City Attorney Goodrich explained this requirement is not included in the resolution, but that <br />direction needs to be complied with. <br /> <br />Motion by Councilmember Cook, second by Councilmember Kurak, to adopt Resolution #04-08- <br />217 authorizing the acquisition of permanent street and utility easements necessary for the <br />extension o f 160th Lane NW. <br /> <br />Further Discussion: Councilmember Kurak asked when the appraisals are expected to come <br />back. City Attorney Goodrich replied the City's appraisals are complete. It is up to the <br />Dusbabek's and Kaas' to obtain their own appraisals if they choose. Lori Kaas, 7155 - 160th <br />Lane, stated they feel this is coming out of the blue, as they just got their paper work yesterday. <br />Assistant Community Development Director Trudgeon called them today as they were working <br />and they (lid not have a chance to return his call. She is not sure what is being resolved this <br />evening that is different than two weeks ago. Mayor Gamec explained if this issue cannot be <br />resolved, this would need to go to eminent domain, which means taking the land and then <br />possibly going to court. Councilmember Strommen explained this is the same resolution <br />discussed at the last meeting; it is just being formalized. Ms. Kaas stated as they move forward, <br />perhaps the homeowners could receive their communication sooner. 24 hours notice is not much <br />time to prepare for a meeting like this. Councilmember Cook explained the action tonight does <br />not change anything, it just finalizes the action from the last meeting. Ms. Kaas stated she <br />appreciates that, but they were just contacted today and they should be given a little more <br />adwmce notice. City Attorney Goodrich noted it was stated at the last meeting that this would be <br />on toni ght's agenda. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cook, Elvig, Kurak, and <br />Strommen. Voting No: Zimmennan. Absent: CouncilmemberPearson. <br /> <br />Case #7: <br /> <br />Receive Bids and Award Contract for Project #04-24 Helium Street/169th <br />Drainage Project <br /> <br />Assistant Public Works Director Olson indicated authorization to advertise for bids for project <br />#04-24 i-Ielimn Street/169th Drainage Project was ordered on July 13, 2004, and bids were <br />received on Friday, August 6, 2004. Staff recommends award of this project to Penn <br />Contracting, Inc., the low bid contractor in the amount of $66,240. This amount is a little higher <br />than the $60,000 estimate. The award of the bid should be contingent on working out an <br />agreement with the adjacent landowner to be sure the City has the easement necessary to <br />complctc this job. The notice of award will not be sent to Penn Contracting, Inc. until the <br />agreement is met. <br /> <br />City Council/August 10, 2004 <br /> Page 21 of 27 <br /> <br /> <br />