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P42 <br /> <br />Motion by Councilmember Cook, seconded by Councilmember Elvig, to introduce an ordinance <br />to amend Section 9.11.02 of City Code regarding accessory uses. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Coo.k, Elvig, Kurak, Pearson <br />Strommen, and Zimmerman. Voting No: None. <br /> <br />Case//7: Settlement of Sunwood Drive Right-of-Way Condemnation Action <br /> <br />City Attorney Goodrich stated that in 2001, the City commenced a condemnation action to <br />acquire additional right-of-way and related drainage facilities from the State of Minnesota <br />through the Pollution Control Agency for construction of Sunwood Drive between Sunfish Lake <br />Boulevard and C.R. #116. This action also included acquisition of right-of-way for a short <br />segment of Azurite Street. The Court-appointed land commissioners have viewed the subject <br />parcels. The City's appraiser appraised the State's damages at $52,300.00 and the City agreed to <br />an additional $750.00 payment as rent to compensate for the City's early entry onto the subject <br />parcels. The state has now determined, as a result of its own appraisal, that the'City's appraisal is <br />reasonably accurate and desires to settle the damage issue without further court hearings. The <br />City will need to make an additional payment of $500.00 to the State which is. a statutory <br />requirement intended to assist the landowner in payment of its appraisal fees. In addition to the <br />monetary payment for the land interest acquired, the State requires an easement from the City for <br />its water utility lines, which cross Sunwood Drive and serve the State's water treatment facility. <br />The water treatment facility is a part of the State's water monitoring program relating to the <br />Anoka Regional Landfill. Staff requested authorization to enter into the Settlement Agreement. <br /> <br />Councilmember Kurak noted that the $52,300 has already been paid. <br /> <br />City Attorney Goodrich verified that that was correct. <br /> <br />Councilmember Zimmerman inquired if the $52,300 was paid out of TIF. <br /> <br />Finance Officer Lund replied that MSA funds were used. <br /> <br />Motion by Councilmember Kurak, seconded by Councilmember Pearson, to authorize the Mayor <br />and City Administrator, on behalf of the City, to execute the Settlement Agreement and <br />Easement Agreement with the State of Minnesota by its Commissioner of Pollution Control <br />Agency relating to Sunwood Drive and Azurite Street right-of-way acquisition including the <br />grant of a utility easement in favor of the State of Minnesota for service of the State's utility lines <br />serving its water treatment building. Further the City Attorney is granted the authority to make <br />minor modifications to the form of the Settlement Agreement and/or Easement Agreement. <br /> <br />Motion carried.. Voting Yes: Mayor Gamec, Councilmembers Kurak, Pearson, Cook, Elvig, <br />Strommen, and Zimmerman. Voting No: None. <br /> <br />City Council/January 14, 2003 <br /> Page 16 of 27 <br /> <br /> <br />