4.3. SR 03-13-2000ITEM 4.3.
Howard R, Grcon C'_ 3mp ny
CONSULTING ENGINI .U {S
March 10, 2000
File: 807650J-0030
i-lonorabic Mayor and City Council
City of Ell( H~ver
1,3065 Orono I'arkway
P.O. Bo~ 4.q0
Elk Rive. m, MN 35330
WESTERN ARFA PHASE IV IMPROVEMENTS
uear Council Members.
As you are aware, the public he~d,~g far the W~stem Arco Phoce IV Improv~,~nts is
scheduled for Monday evening'~ Ci[~, Council m~.eling. Pleasc bnng along the feasibility
'.~hJdy for thcso improvementa which wa~ disMhuted with the i-ebruary. 22nd Council
packet.
Tile I.~,:,p,',.~ed improvemont~ discus.~ed In the feasibility ~tudy inc. h
The exten~i[)n r~f a 4-lane Dumness Center Drive over to Wauo Street
, The r~aliW,,nent of Wac.~ Street to crcate a new intersection witl~ TH 10 whi6h would
ultimately be signalb, ed
· The extension ul' lateral sanitary sewer wcsterly from the Sh'erbu~,-.. ~¢~nt~
(~ovemment Center toward Warn', Street.
· I he cxtcnslon of a 12,in~;l~ [,'unk watermmin along Bus,ness Center Drive to Waco
Strect crossing under TH '10, and ar, P-inch lateral line along tho north frontage road
back to the Hartman prope~ where it would c~mplete the Iccp with the e×lstlng
w~fermain.
· Reconstruction ortho north frontage road to a 32-foot wide drban design including a
detached pathway.
Other amenitie~ include storm ~ewer on Bus~ness Center Drive, Waco Stre~.t..~nd the
north frontage road, and stre~.t lighting on Business C, cnter Drive and tr,=, Waco Streef
portion of the project. Fi~all:~, the improve, merits would ~nclude closin.q the median
a~cees to I H 10 at the Sherbume Cou~ty C~ovemment Center and closln.q the access
the old Waco Strect alignment with TH 10.
Asse~ment.~ for the proposed improvements include trunk sanif~ry sewcr aild
watermai., assessments t~ ~ portion of the Hoyt Partners properly, I.l~e C. tmtom Motors
prolaerW and Wapiti Park properties north of TH 10: lateral sanitary ~ewer, wezer~n~n,
strcct, and storm draina~]~ assessments fe the Hoyt Partners property along E:usi~e~
Centcr i. Jnve: and ~',treet and storm dmin~ge assessments to tho abutting prop~!,ies
along the north frontage road. Other ~urces of fun~ing for this projoc, t are anticloated to
Honorable Mayor and City Council
March 10, 2000
Page Two
be Cooperative Agreement funds from Mn/DOT, Municipal State Aid funds, Elk River
Municipal Utility funds for a portion of the lateral watermain looping, Surface Water
Management funds for the storm sewer portions of the project, and capital project funds
for other unfunded expenses.
I will be prepared at Monday evening's public hearing to give a presentation of the
proposed improvements, costs, and funding scenario. At the end of my preser:.tation, I
will be prepared to answer.questions that the City Council and/or public may have. At
the close of the public hearing, it would be appropriate for the City Council to ,:onsider
action on the attached resolution which orders the improvement and preparation of plans
and specifications.
If you have any questions regarding this information, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:tw
Attach.
RESOLUTION 00-.
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ORDERING THE IMPROVEMENT AND
PREPARATION OF PLANS AND SPECIFICATIONS IN
THE MATTER OF THE WESTERN AREA PHASE IV IMPROVEMENT
OF 2000
WHEREAS
WHEREAS
a public hearing relating to the Western Area Phase IV improvement was
held before the Elk River City Council after ten days mailed notice and
two weeks published notice of the hearing was given; and
the City Council has duly considered the Feasibility Report and those
matters presented at the public hearing by those persons desiring to be
heard on the matter;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of E!k River,
Minnesota:
The Western Area Phase IV improvement is hereby ordered as recommended in
the Feasibility Report dated February 16, 2000,
Howard R. Green Company is hereby designated as Project Engineer for this
improvement. The Project Engineer is directed to prepare plans and
specifications for the making of the improvement and the solicitation of
competitive bids.
Passed and adopted this 13th day of March, 2000.
A'I-rEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
ITEM 4.3 ~ a.
Howard R, Green Company
CONSULTING ENGINEERS
March 10, 2000
File: 807650J-0030
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: WESTERN AREA PHASE V IMPROVEMENTS
Dear Council Members:
On March 8, 2000, City staff received the attached petition for local improvement and
letter from property owners located west of Waco Street. The petition is from S&Z
Investments and the letter is from the Hedtage Landing Development Company. Copies
of the petition and letter are attached along with a map showing where the properties are
located.
The petition is for City sewer and water to service the S&Z Investment property.
Heritage Landing Development Company has previously requested and received
permission to be removed from the Urban Service District. Their letter indicates that if
sanitary sewer and water are available to their property, they would desire to be
reinstated in the Urban Service District.
In order to provide sanitary sewer and water service to the S&Z property, trunk sanitary
sewer and water located at the southeast corner of the Sherburne County Government
Center property would have to be extended westerly across Hoyt Partners property to
Waco Street.
City staff has two concerns with the extension of trunk sewer and water to serve the
S&Z property. First, it will require an easement from the Hoyt Partners property,. If they
are unwilling to provide an easement corridor for the extension of the trunk utilities, the
only way to secure it would be through Eminent Domain. The second issue is the
assessment to the remaining Hoyt Partners property. They own approximately 75 acres
that are not proposed to be assessed with the current Western Area P:qase IV
Improvements. If the trunk utilities are extended, westerly, the 75 acres should be
assessed at $3,800 per acre. On Thursday, we tded to contact Stewart Wilson to verify
his position relative to the easement and the assessment of the remaining portion of his
property, but as of the time of this letter, we have not received a return carl.
Honorable Mayor and City Council
March 10, 2000
Page Two
One other item that should be noted for the Council's consideration is that the. petition
received from S&Z Investments, Inc., is likely not a valid petition because the~' do not
represent 35% of the assessable property. They have approximately 38 acres with a
small portion of it being wetlands. Therefore, they have an estimated 32 assessable
acres. If the Hoyt Partners property represents approximately 75 acres that would be
assessed, the petition only represents approximately 30% of the affected property
owners. City Council could certainly still proceed with this [mprovement, but it would
require a 4/5 vote to amend the feasibility study and order the improvement.
I will be in attendance at Monday evening's City Council meeting to discuss this issue
further with the City Council.
Sincerely,
Howard R. Green Company
Terry J.~a~urer, P.E.
TJM:tw
Attachs.
PETITION FOR LOCAL IMPROVEMENT
City of. ElK River
State of Minnesota
.... ' ~ 2000
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: see attached
hereby petition, pursuant to Minnesota Statutes, Chapter 429, for 'the
following public improvements:
City Water and Sewer
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 to
the making of the improvement or assessment of the cost thereof; wsives 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 of Owner Property
~%.~Georgle D. Sanford
~ ~ "/. lnves-tments ~ Inc.
1. 03-08-00
2.
3.
5.
6.
7.
8.
9.
10.
blW~ of SW~, Sec.31, ~ ~
~ange z~, with exceptions
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.
A-5
City Clerk
To
7he No=Ch~C ~u~te= of the $outl~st ~L~r'L.e= o~ S~CIOn 31, To~=hip 33,
Rnr,~e 26~ ~ the folding tracts:
~e ~Gt 5~ ~eet of P.I~ ~rtlL A~ f~t Of the ~orthweat ~Arter cf
we.: ~rtar of Station DI~ To~,,~hip 33. ~sn~
of said $~tion; thence ~rth on the ~st line of oaid We~t ['~1~ cf t]',~ Euu~h-
w,st ~artc~ 1591.10 feel ~ O,, L~fnt of ~i~i~ of ~e t~act to
d,~rlb~d~ chen;a wcst on a d-F]ee.tion a~le ~ the left of 90040', a
[~ Southw~t ~arter a dista~, of ~ fe~%; ~e~e ~: 183 fe~t to a
aL', Lbs ~st line of said West ~] f of lh~ Sou~wa;t ~rter, ~0 ~eet North
of the ~lmce of begin~, thanne SouLh ou the ~: linc of ~aid We~t
of Lhm Sou:hwa~t ~ter, ~0 feet I.. t~ ~in: of ~gi~ing, a~ord~ng
I~ze United Sta~e¢ ~c~f SL~M th~reuf and situate in ~er~ne
Minnesota.
-HERITAGE LANDING
D e v.e.l.o'p m:'e.n t C-o m.pn y
"-.- '- 8 ~a~¢h 2000 . '
Elk River C~ty council ·' "'' '-''.
- - 13065 Orono Parkway .... ·
~ .... '~ . ~'-' -,. , .~ . -' ~. ~, .' ., .,
-.. .-.. Elk River, Mn. 55330
' Madam Mayor and City Co'unhilMem~ers: '
We have learned dur'ing a'.recent Conversation with George
Sanford of Zieglar Construction and S&Z Investments that he is
planning to petition't° have city utilities extended, to serve
their acreage located on the. western edge..of the city. As owners
of an adjacent 10 acre parcel, we would also be interested in-
joining this petit'ion as long as the utility installation can be
.completed within a reasonable length of time, which we. interpt to
be a.'maximum of 18 months' ' .'- -. ' '
We.realize that we have been granted an exclusion from 6tility
extension to our 10 acre parcel'and we thank the council for the
opportunity to'develop it in that manner,~ However, because of
a delay in our plans and the recent possibility of development
of some of the Wilson land along Highway #10, we believe
ourselves-and the city would both benefit from this propoerty
being included in the urban-service area either in part or in
full.
Our previous'frustration in missing development opportunities-
'i.e. the ASCS building-, and the indefinite timetable for urban
services led to our request for withdrawl.from the district. As
some on the council may recalli we offered to be asSeSsed for'
services when they were extended at the time of.the ASCS building
proposed location. At that time oUr request was denied and the.
Bulding was built-I/2 mile west in Big'Lake Township
We would further like to work with the city in designing a
service road to tie S&Z's property to a Waco street extension
thru our property, thus enabling us to close a Highway #10
access. We believe this'would benefit the state highway
,department and the city of Elk River by creating a safer
vehicular environment..
Thank You
Heritage Landing Development/] .'~ '
~t~c~ard-Kin~non · Den/n~s// Chuba
Riv¢ MN 55330' - Phone (612) 441'44'88
Heritage
Landing
S&Z
Investments
PA~K
City of
'ver
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
SITE MAP
Western Area
c^s~: Improvements