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4.5. SR 04-07-1997CONSULTING ENGINEER~ 1326 Energy Park Drive St. Paul, MN 55108 612-644-4389 1-800-888-2923 Fax: 612-644-9446 CIVIL ENGINEERING: ENVIRONMENTAL qUNICIPAL ~,NNING SOLID WASTE STRUCTURAL SURVEYING TRAFFIC TRANSPORTATION ELECTRICAL/MECHANICAL ENGINEERING: HVAC POWER DISTRIBUTION SCADA SYSTEM CONTROLS OFFICES IN: JNNEAPOLIS PRIOR LAKE ST. PAUL WASECA ITEM 4 ..g. April 1, 1997 File: 230-365-10 Honorable Mayor and City Council City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: COUNTRY CROSSING 3RD ADDITION PETITION FOR IMPROVEMENTS Dear Council Members: City staff has received a petition from Country Ridge Development Company for sanitary sewer, water, storm drainage, and streets to serve Outlot A and Outlot B of Country Crossing 3~d Addition. Attached is a copy of the petition and a small scale copy of the plat which shows these two outlots. These outlots make up the east frontage of Macon Street and the north frontage of Riverview Drive. Since the petition represents more than 35% of the affected front footage, the petition in our opinion is valid. The City Council will recall that last year a feasibility study was done to analyze extending City utilities and new street construction throughout the Riverview Heights and Grandview Additions, of which Macon Street and Riverview Drive are a part. After the public hearing, it was determined not to extend utilities through the entire subdivision, but to overlay the streets. The overlay project excluded Macon Street and Riverview Drive because it was anticipated that Country Ridge Development Company would be petitioning for these improvements in a relatively short period of time. The City Council had a brief discussion about this issue when the feasibility study for the overall area and the overlay project were being done. At that point in time, the discussion was that the existing properties on the west side of Macon Street and south side of Riverview Drive would be treated much the same as properties on Fresno Street were a number of years ago. When utilities and street reconstruction was done on Fresno Street, the existing properties were assessed for the new street and storm drainage improvements, but were not assessed for sanitary sewer and water improvements. It was left that the properties could hook up to sanitary sewer and water if they so chose to, and at that point in time they would be asked to pay the assessment. Otherwise, the assessment would be held by the City until such time that their entire area received City utilities. Attached is a draft resolution for the City Council's consideration. The resolution declares the adequacy of the petition received from Country Ridge Development Company and authorizes the preparation of the feasibility study. Unless City Council gives a different direction, the feasibility study would be prepared as described above. An Equal Opportunity Employer Honorable Mayor and City Council April 1, 1997 Page Two If you have any questions regarding this, please call. Sincerely, MSA, CONSULTING ENGINEERS Terry J. Maurer, P.E. TJM:tw Attachments 365-31 lO.mar RESOLUTION 97- A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE MACON STREET AND RIVERVIEW DRIVE IMPROVEMENT OF 1997 the City has received a petition (the Petition) requesting that the City improve certain property by installing City utilities and reconstructing the street (the improvements); and WHEREAS the City has reviewed the Petition and identified the owner of the real property abutting the streets named in the Petition and determined the Petition has been duly executed by the owners of not less than 35 % in frontage of the real property abutting on the streets named in the Petition as the location of the improvements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: The Petition is hereby declared to have been signed by the owners of at least 35 % of the frontage of the real property abutting on the streets named in the petition as the location of the improvement. This declaration is made in conformity to Minnesota Statutes, Section 429.035. This Petition is hereby referred to MSA, Consulting Engineers, who is instructed to provided to the City Council a report advising, in a preliminary way, whether the proposed improvement is feasible and whether the improvement should thus be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. Passed and adopted this 7th day of April, 1997. ATTEST: John Dietz, Vice Mayor Sandra A. Thackeray, City Clerk 3-26-199'7 11: 85I:::>1'4 FROt4 EI'4r,IER:: CH" SELILER 612 7.5B /5311 P. 2 ~0~= PErl'l'ioN FOR LOC,4~ IMPRO~~ Cky of Elk River State of Mirme.~ta W2/, ~ Ut'~ER~IGNED OWNE~ of (all) (~ot less than 35 percent ~ ~nmg~) of ~c r~ ~~ d~ ~; improv~: e xouo~ pubUc -EACH OW~J~C lrO'ET'tq~R AGREES, in cor~der~tion of ~c ~ acta ~ o~ r~: ~ ~use ~s~ of ~c ~~ ~P~~L ~ ~y ~ sums ~ m~y b~ ~~ by ~c Ci~ to ~ a ~ ~d :~Ic ~o~t of ~ ~s~ of ~ ~prov~: of ~e ~~t or ~m~t ~ ~ ~st ~f; wm~ ~y ~ ~t ~e ~o~t ~e~f 4. 5. 5, 7. 10. Owner Property ~rainexl, checked, Md formal to be i~ proper form a,M to be a4gncd by thc ov~er~ of t. be above-r~.zl quality of pzopc:W affcc:cd by t~e ma.k~g of thc impwvcment petitioned for. C/fy Cderk O~IPLOT j 1 ~ ~ ;',.' ..','-.~: I .Z ) ,~,EIX C E I~ 'r i OIN ~ I s I CITY OF .K RIVER, N ¢ ~CJ~Z m hz/) FINAL PLAT