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83-000 RES G c,,4.-x5 RESOLUTION 83-0 411 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ELK RIVER HELD JANUARY 3, 1983 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Elk River, Minnesota was duly called and held at the Elk River Public Library in said City on the 3rd day of January 1983, at 7:30 p.m. The following members were present: Mayor Hinkle, Councilmembers Schuldt, Gunkel, Engstrom and Duitsman. The following members were absent: None Councilmember Duitsman introduced the following resolution and moved its adoption: RESOLUTION 83-0, A RESOLUTION ACCEPTING THE PROJECT FEASIBILITY STUDY AND CALLING A PUBLIC HEARING FOR THE GATES AVENUE IMPROVEMENT PROJECT TO BE HELD MONDAY, FEBRUARY 7, 1983, AT 8:00 P.M. WHEREAS, the City Council deems it necessary and expedient that the City of Elk River construct certain improvements to wit: Street storm sewer improvement in the City of Elk River as described and in accordance with the preliminary plans and feasibility report prepared • by Mr. Terry Maurer of Consulting Engineers Diversified, consulting engineer; and, WHEREAS, the City Council has been advised by the consulting engineer that said pro- ject improvements are feasible and should thus be made as proposed; and, WHEREAS, the Statute provided that no such improvements shall be made until the City Council shall have held a public hearing on such improvements following mailed notice and two publications thereof in the official newspaper stating time and place of hearing, the general nature of the improvements , the estimated cost thereof, and the area proposed to be assessed in accordance with law. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Elk River as follows : 1. A public hearing will be held at the Elk River Public Library on Monday, February 7, 1983, at 8:00 p.m. to consider said proposed improvements. 2. The nature of the improvement, the estimated cost of such major portion thereof and the areas proposed to be assessed therefore are described in the form of notice of hearing hereto attached. 3. The notice of public hearing shall be in substantially the form con- tained in the notice hereto attached. • 4. The City Administrator/Clerk is hereby authorized and directed to cause notice of said hearing to be given two publications in the official newspaper. Said publications shall be one week apart and at least three days shall elapse between the last publication and the hearing. Not less than ten days before the hearing, the Administrator/ Clerk shall mail notice of the hearing to the owner of each parcel of land within the area proposed to be assessed as described in the notice. For the purpose of getting such mailed notice owners shall be those shown to be such on the records of the County Auditor or if the tax statements are mailed by the County Treasurer, on the records of the County Treasurer. As to properties not listed on the records of the County Auditor or the County Treasurer, the Administrator/Clerk shall ascertain such ownership by any practical means and give mailed notice to such owner. 5. That the feasibility studies by Consulting Engineers Diversified for the Gates Avenue Improvement Project are hereby accepted. The motion for the adoption of the foregoing resolution was duly seconded by Council- member Engstrom, and upon a vote being taken thereon, the following voted in favor thereof: Councilmembers Engstrom, Gunkel, Duitsman and Schuldt The following voted against the same: None • Whereupon said resolution was declared duly passed and adopted this 3rd day of January, 1983. n 4,/ Richard Hinkle, Mayor ATTEST: Robert C. Midc1 u h� City ministrator g 0