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LAKE ELM CITY COUNCIL MINUTES 6--5-84 <br />Page 3 <br />Eder stated he had some concerns about the variance but would like to <br />know the actual size of the variance. <br />There was no representation from the public regarding this <br />application. <br />The public hearing was closed at 8:35 P.m. <br />M/S/P Fraser/Dunn - To table a decision on this application until <br />more information on the lot lines is available. (Motion carried 5-0) <br />B. MSA Update <br />C. Jane Road North Bids <br />The City Engineer advised the council that the Department of <br />Transportation still estimates about two more weeks for reviewing our <br />State Aid plans so the council cannot consider awarding the bids at <br />this meeting. <br />Regarding the right-of-way acquisition, the Schmidt's have accepted <br />the City's offer of $104 for the easement. The Berchen's and Eder's <br />do not wish to accept the City's offer so the City will be seeking a <br />right -of -entry to begin the work while either the condemnation process <br />and/or private appraisals are taking place. <br />M/S/P Morgan/Mazzara - To authorize the City Engineer to proceed <br />with the purchase of the right-of-way easement from Mr. and Mrs. <br />Schmidt in the amount of $104. (Motion carried 4-0-1 <Eder>) <br />Richard Eder, representing Myrtle Eder, asked if they were not <br />satisfied with the offer made, is there room for negotiations; and if <br />the property owners hire a private appraiser, would this appraisal fee <br />be covered under the cost of this road project? <br />Fraser stated that in the interest of propriety and accuracy, the <br />council chose to have an independent appraiser make these appraisals <br />as opposed to past practices of having the Engineer make the <br />appraisals. If someone employs a second appraisal and they are not in <br />agreement, a third party would have to figure which way to go. If any <br />property owner does not agree with the appraisal, they do have the <br />option of taking legal action. It would not be appropriate for the <br />City to pay for the second appraisal. <br />Bohrer stated that as far as he knew, this type of second appraisal <br />would not be eligible for State Aid reimbursement. <br />Administrator informed the Council that the City Attorney has advised <br />the City to not begin any negotiations until condemnation procedures <br />begin. <br />D. Shoreland permit and variances for David Alford at 8080 <br />Hill Trail North. <br />This application was tabled at the 5-15-84 City Council meeting as <br />percolation test results were not submitted. <br />