4.11. SR 08-18-1997ITEH /~. 11.
Howard R, Green Company
CONSULTING ENGINEERS
August 13, 1997
File: 801220J-0030
CONSULTING ENGINE~
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 IMPROVEMENT
NORTH OF TH 10; WESTERN AREA
Dear Council Members:
Rich Deziel and Bill Gagne are the owners of the property lying north of TH 10 and east of
Custom Motors in the western area of the City. They have been dealing with some potential
buyers of the property who would develop it into single family homesites. Because the northern
portion of this property abutts the Elk River, it will need a lift station to provide sanitary sewer
service. Mr. Deziel and Mr. Gagne have submitted the attached petition for local improvements,
requesting that the City undertake a Feasibility Study to look at constructing a community lift
station to serve both their property and the adjoining properties. This is similar to the proposal
that was made and the Feasibility Study for sewer and water to serve the Naples and 186th
area that was done approximately a year ago. However, that project did not move forward.
In order for this petition to be declared adequate, the property submitting it must represent at
least 35% of the proposed assessment area. It is unclear at this time how much property could
be served by a community lift station, although it is likely that they will represent at least 35%.
Attached is a resolution declaring the adequacy of the petition and ordering the Feasibility Study
for the proposed improvement. The only issue that would change if it were determined by the
Feasibility Study that the submitted petition was not adequate, would be the project would have
to be considered City-initiated and would require a 4/5th's vote at two points: 1) ordering the
Feasibility Study, and 2) at the time that the project is ordered.
If you have any questions regarding this issue, I will be in attendance at Monday evenings
Council Meeting.
Sincerely,
Howard R. Green Company
TJM/et
Enclosures
O:\proj\801220~20-1304.aug
1326 Energy Park Drive · St. Paul, MN 55108 ° 612/644-4389 fax 612/644-9446 toil free 800/888-2923
PETITION FOR LOCAL IMPROVF_aMENT
City of F_lk River
Sate of Minnesota
To the City Council of Elk River, Minnesota:
WE, 2WrlEUl~SIG~O~of(all)(notlessthan35 percentin~onmge) ofthe
reaipropertydescfibedas: East 1/2 of the West 1/2 of the Northeast 1/4 of
Section 31~ lownship 33~ Ran§e 26 (Approximately 40 acres)~ Sherburne County,
Minnesota ' '
hereby petition, pursuant
improvements:
/
to lVlinnesota Statutes, Chapter 429,
for the following public
F. ACH OWNF. R F-WJR~ AGRF. F$, 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 EX2P~SLY WAIVES OBJECTION to any Lrregularity with regard to the making
of the improvement or assessment of the cost thereof; waives any claim that the amount thereof
levied against owner's property is excessive; and waives all rights of appeal in the courts.
Signature Print Name Description of
Date of Owner A)f Owner Property
3.
4.
5.
6.
7.
8.
9.
10.'
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 malting of the improvement petitioned for.
City Clerk
A-5
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 COMMUNITY LIFT STATION IMPROVEMENT OF 1997
TO SERVE PROPERTY NORTH OF TH 10 IN THE WESTERN AREA
WHEREAS
the City has received a petition (the Petition) requesting that the City improve certain
property by construction of a community lift station to serve property north of TH 10
in the Western Area (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
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