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4.10. SR 08-18-1997ITEl4 4.10. Howard R, Green Company CONSULTING ENGINEERS August 13, 1997 File: 801210J-0020 CONSULTING ENGINI~ Formerly MSA Consulting Engineers Honorable Mayor and City Council City of Elk River 13065 Orono Parkway P. O. Box 490 Elk River, MN 55330-0490 RE: PETITION FOR LOCAL IMPROVEMENTS BOSTON STREET NORTHEAST Dear Council Members: The City staff has received the attached petition for local improvement, from two residents who live on Boston Street NW, just off of Orono Road. This is the segment of Boston leading to the Orono Lake Cemetery. The petition is for sanitary sewer and water to serve their properties. It appears that, with the exception of the Cemetery, the people who signed the petition represent all of the properties along this section of Boston Street. Therefore, the petition would be considered valid. Attached is a resolution for the City Council's consideration that would declare the adequacy of the petition and order the Feasibility Study for this improvement. If this Feasibility Study were to proceed to an improvement project, it would be constructed in 1998 and likely be combined with other projects to get a more competitive bid. If you have any questions regarding this issue, I will be in attendance at Monday evening's City Council meeting. Sincerely, Howard R. Green Company TJM/et Enclosure 0:\801210~10-1303.aug 1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 800/888-2923 PETITION FOR LOCAL XMPROVEHENT _ity of Elk River State of Minnesota To the City Council of Elk River, Minnesota: WE, THE UNDERSIGNED OWNERS of (all) (not less than 35 percent in frontage) of the real property described as: 'D~7-b~, ~T" ~6d/, hereby petition, pursuant to Minnesota Statutes, Cha~ter 429, for the following public improvements: EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. ~ OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard "o the making of the improvement or assessment of the cost thereof; ,aires any claim that the amount thereof levied against owner's property is excessive; and waives all rights to appeal in the courts. 2. 3. 4. 5. 6. 7. 8. 9. 10. Signature Print Name Description of Date of Owner of Owner Property · ~ . Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property affected by the making of the improvement petitioned for. City Clerk GEK:AJ4s , 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 BOSTON STREET UTILITY IMPROVEMENT OF 1997 WHEREAS the City has received a petition (the Petition) requesting that the City improve certain property by extension of City sanitary sewer and water on Boston Street NW from Orono Road to the northeast (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 Howard R. Green, 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 18th day of August, 1997. ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk O:\801210~210-1310.aug