5.5. SR 03-08-2004MEMORANDUM
TO:
FROM:
Mayor and City Council
Michele McPherso~, Director of Planning
DATE:
March 8, 2004
SUBJECT: Consider Petition for Water and Sewer Services
Item 5.5.
Attachments
· Memo from the City Attorney
· February 10, 2004 Petition
· Location Map
· Letter to Property Owners, Draft
At the February 23, 2004 Council meeting, the City Council considered the attached petition for
sewer and water services from property owners living east of Cleveland Street. At that time, the
Council tabled action until the City Attorney could provide a written determination regarding the
appropriate Council action and whether or not the petition constituted an application under the 60-
day requirements.
The City Attorney's opinion is attached. It indicates that the since the form of the petition is not on
an application form provided by the City, it would not constitute a valid application under the 60-
day statute.
Recommendation
Staff recommends that the City Council direct staff to send the attached letter to the property
owners.
S:Planning/MM/memo/030804 Cleveland W&S
500IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402-
3796
612 632-3000
F^X: 612 632-4444
www.gpmlaw.com
INCLUDING THE LAW FIRM HALL & BYERS, P.A.
1010 WEST ST. GERMAIN STREET, SUITE 600
ST. CLOUD, MN 56301
320 252-4414
F^X: 320 252-4482
www.gpmlaw.com
MEMORANDUM
TO:
Mayor Stephanie Klinzing and
Members of the City Council
FROM: Peter K. Beck, City Attorney
Application of Minnesota Statutes, § 15.99 to be Petitioned Requesting
Sewer and Water Services in the Area East of Cleveland Street
DATE: March 4, 2004
The Planning Director has asked that I advise the City Council regarding the
applicability of the 60 day statute (of Minnesota Statutes, § 15.99) to the February 10,
2004 Petition Requesting Sewer and Water Services in the Area East of Cleveland Street.
Minnesota Statutes § 15.99, Subd. 1 (c) provides, in part, that "a request must be
submitted in writing to the Agency on an application form provided by the Agency, if one
exists...no request shall be deemed made if not in compliance with this paragraph." It is
my understanding that the Petition received did not include the City's application form
for a land use amendment expanding the City's Urban Services District. Therefore, I do
not believe that the Petition received requires action within sixty days.
To be safe, the City Council could adopt a resolution denying the Petition and
directing staff to provide the Petitioners with the correct petition and land use application
forms so that a proper request can be made for submission to and action by the City
Council.
February 10' 2004
This is a petition for sewer and water services for the area east of Cleveland St. in Elk River.
The land owners in this area would like to have services as soon as possible. All signing will also
be writing formal applications for services in the immediate future.
lq. ren.¢_Q..hristens, en, 18835 Cleveland St. NW.
Je/ffe~ W/e~mer, 18575 Cleveland St. NW.
William Osbom, 18763 Cleveland St. NW.
21 .~_.~ acres
18.44 acres
10.08 acres
~- Lynda Coombs, 18753 Cleveland St. NW.
10.6 acres
- Lavonn Nordeen, 18681 Cleveland St. NW.
10.05 acres
Bri~. ,~.H?cock, 1.8519 leveland St. NW.
Robe .rb,Wollmn, 18479 Cleveland St. NW.
~Clint Corrow, 1843,.~_-Cs:te-~e'fi~d St. NW.
10.01 acres
20.00 acres
10-40. afcres
- Olive r Berg,
9721 181'~ AVE NW.
acres
George Lazaroff, 2601 Brookdale DR. Brooklyn Park.
39.20 acres
194TH
193RD
t92ND
t91ST
190TH
189TH
188TH
187TH
186TH
185TH
184TH
185RD
182ND
81ST
1BOTH
79TH
78TH
TWS
33
32
7
Case Number:
Location Map
[~ URBAN SERVICE DISTRICT
DPROPOSED EXPANSION
PETITION FOP, URBAN SERVICES
N
City
13065 Or0n0 Parkway
Elk River, MN 55330
March 10, 2004
Re: Petition for Utility Extension
Dear Property Owner:
The City Council, at its February 23 and March 8, 2004 meetings, reviewed your petition
dated February 10, 2004 requesting sewer and water services in the area east of Cleveland
Street. The Council denied the petition because it does not comply with the City's
requirements for such requests and directed staff to provide you with the correct petition
and application forms so that the Council can consider and take action on a formal land use
request for inclusion in the Urban Service District and a zone change to single family
residential other than Rla.
Enclosed with this letter you will find two documents: a) a petition for sewer and water
services, and b) a land use application for a land use amendment zone change.
The land use amendment and zone change must be processed and approved by the City
Council prior to consideration of the petition for sewer and water services. You should note
that the City is currently undertaking an analysis of the Wastewater Treatment Plant's
capacity in order to determine if additional properties can be added to the service area. The
City Council is unlikely to approve any expansion of the service area until this analysis is
complete, which is not expected to be prior to July 2004.
If you have any questions regarding the process, please feel free to call at 763/635-1000.
Sincerely,
Michele McPherson
Director of Planning
Phone: 763.635.1000
Fax: 763.635.1090
S:\PLANNING\Michele McPherson\LETFERS\Cleveland St petition.doc
www. ci.elk-river, mn.us