9.3. SR 07-17-2017Request for Action
To Item Number
Mayor and City Council 9.3
Agenda Section Meeting Date Prepared by
Work Session July 17, 2017 Zack Carlton, Planning Manager
Item Description Reviewed by
190th Avenue Construction Cal Portner, City Administrator
Reviewed by
Action Requested
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Provide direction regarding the construction of 190 Avenue NW.
Background/Discussion
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On July 3, 2017, the City Council discussed previous approvals which required the extension of 190 Ave
NW when the parcel abutting the right-of-way to the north is developed. Council directed staff to speak
with the city attorney regarding a petition to have the city construct the street and assess it back to the
developer of the parcel to the north.
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In speaking with the attorney, a petition for city installation and assessment of the extension to 190 Ave
can be made, and the term would be determined by the project cost. In speaking with the property owner,
they are okay with submitting a petition, but have a few questions regarding how assessments are
calculated. They will be at the meeting to discuss.
Financial Impact
None
Attachments
Petition, Waiver, and Agreement for Installation of Public Improvements
Proposal for Island View Sixth Addition
PETITION, WAIVER AND AGREEMENT FOR INSTALLATION
OF PUBLIC IMPROVEMENTS AND
ASSESSMENT OF THE COSTS THEREFOR
TO: City Council of the City of Elk River
__________________________________________________ (Owner) of the
property (the Property) legally described
___ on exhibit A attached hereto; or
___ as follows:
petition the City of Elk River as follows:
1. To design and install in the right-of-way adjacent to the Property, the public
improvements (Improvements) indicated below:
_X__ Streets, as required by city, including but not limited to grading,
graveling and stabilizing, constructing and seeding of berms, swales
and boulevards, permanent street surfacing with bituminous
material, and installing street lights as required by Elk River
Municipal Utilities and the City Street Department (Street
Improvements);
___ Sidewalks and trails, as required by the City (Sidewalk
Improvements);
_X__ Storm sewers, as required by the City, including all necessary catch
basins, ditches, inlets, retention areas and other appurtenances
(Storm Sewer Improvements);
___ Trunk water main and sanitary sewer facilities, as required by the
City to provide water and sanitary sewer service to the Property
(Trunk Improvements);
2
___ Sanitary sewer laterals or extensions, as required by the City,
including all necessary building services and other appurtenances
(Sanitary Sewer Improvements);
____ Watermain laterals or extensions, as required by the City, including
all necessary building services, hydrants, valves and other
appurtenances (Watermain Improvements);
2. To assess the Property for the cost of installing the Improvements in an
amount not to exceed:
$_________.
This amount represents the current estimated cost of the Improvements.
The amount to be assessed may be increased only if:
(a) A larger assessment amount is agreed to in a developer’s agreement
for the Property; or
(b) Additional Improvements are installed or the costs of installing the
indicated Improvements increases as a result of requests made by
the Owner; or
(c) The Owner provide written approval of a larger amount to be
assessed.
3. To apportion the assessments for the Improvements to the buildable lots
adjacent to the Improvements as the city shall determine.
4. To levy the assessments for the Improvements such that the assessments
shall be paid over such period of time and at such rate of interest as the City
shall determine in accordance with the guidelines below:
Petitions for residential uses shall be limited to a minimum request of
$3,000 and a maximum request of $40,000. Petitions for all other uses shall
be limited to a minimum request of $25,000 and a maximum request of
$150,000. The City Administrator shall have the authority to approve all
petitions up to $20,000. Those petitions above $20,000 will require the
approval of the City Council.
Costs levied as a special assessment amounts against the property, pursuant
to the Petition, will be at the current bonding interest rate available to the
City plus a 1.5% administrative fee. The final rate will be determined at the
time of petition signing. The term of the assessment will be as follows:
Single Family Residential $3,000 to $5,000 Up to 3-years
3
Single Family Residential $5,001 to $10,000 Up to 5-years
Single Family Residential $10,001 to Max Up to 15-years
All Other Properties $25,000 to 50,000 Up to 3-years
All Other Properties $50,001 to 100,000 Up to 5-years
All Other Properties $100,001 to 150,000 Up to 7-years
Owner represents and warrants that it is the sole fee owner of the Property.
Owner agrees, in consideration of the City designing and installing the
Improvements:
1. That the City will not install the Improvements unless the Owner agree to
pay and/or be assessed for the City’s costs of installing the Improvements.
2. To provide the City with a proposed plan for development of the Property
from which the city can design the Improvements.
3. To grant to the City, prior to the City ordering installation of the
Improvements to proceed, such easements or other interests in the Property
as the City shall determine necessary for the purpose of installing the
Improvements.
4. To pay the amounts assessed to the Property for the Improvements as
provided in this Petition and Agreement.
5. To provide the City with cash, a letter of credit, or some other security
acceptable to the City, in its sole discretion, to protect the City in the event
that development of the Property does not proceed. The amount of the
security to be submitted with this petition shall be:
$___________, which is the City’s estimated cost of a feasibility study for
the Improvements.
Additional security shall be provided prior to the preparation of plans and
specifications for the Improvements, in an amount equal to the City’s
estimated costs for preparing the plans and specifications.
Additional security in the amount of the estimated cost of installing the
Improvements shall be provided before the City will order the
Improvements installed.
4
Owner specifically waive any objection to the City’s design and installation of the
Improvements, including any objection to the final design of the Improvements, any
objection to the final location of the Improvements, any objection to the procedure
pursuant to which the City orders the Improvements installed, and any objection to the
City’s failure to strictly follow the notice and other requirements of Minnesota Statutes,
Chapter 429 with respect to ordering the Improvements installed.
Owner expressly waive objection to any irregularity with regard to the assessment
of the Property for the Improvements, expressly waive any claim that the amount assessed
is excessive, expressly waive all rights of appeal, including any rights under Chapter 429,
Minnesota Statutes, from the assessment by the City for the costs of installing the
Improvements, and expressly agree:
1. to pay when due all assessments levied for the Improvements;
2. that the Improvements will increase the fair market value of the Property by
an amount equal to or in excess of the amount to be assessed hereunder;
3. that such increase in fair market value is a special benefit to the Property;
4. that the amount to be assessed hereunder is reasonable, fair and equitable;
and
5. that there are no other properties which should be assessed for the
Improvements.
Owner understands and agrees that the City may, in its sole discretion and for any
reason:
1. Decline to accept this Petition for installation of Improvements;
2. Decline to order plans and specifications or proceed with all or a portion of
the Improvements, following completion of a feasibility study; or
3. Decline to proceed with all or any portion of the Improvements following
the preparation of plans and specifications.
5
This Petition, Waiver and Agreement may be executed in one or more counterparts, each
of which shall be deemed the original.
Dated this _____ day of ________________, 20__.
OWNER(s) (signature required)
By:
Its:
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and the North line of said Island View Second Addition to
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PROPERTY ID 75-612-0105
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PROPERTY ID 75-482-0110
BORNTRAGER, BRIAN & DOREEN
13411 190TH AVE NW
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PROPERTY ID 75-482-0010 `
VARTY, JON M & JILL \�1
13192 192ND AVE NW
ELK RIVER MN 55330
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NOTES:
1. Existing ground contours are shown according to
LiDAR data obtained online from the Minnesota
Department of Natural Resources at:
http://arcgis.dnr.stote.mn.us/maps/mntopo/
2. Matters of record are shown only according to last
recorded deeds obtained from County Recorder's
office. Easements or encumbrances may exist
which are not shown hereon.
EXISTING CONDITIONS
AND PROPOSED LOT LAYOUT
FOR THE PROPOSED PLAT OF
ISLAND VIEW SIXTH ADDITION
LOCATED IN THE CITY OF ELK RIVER
SHERBURNE COUNTY, MN
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`-NORTH QUARTER CORNER OF SECTION 29, T. 33, R. 26
(IN WATER - POSITION IS SHOWN ACCORDING TO
SHERBURNE COUNTY SURVEYOR'S OFFICE COORDINATES
OF A 2-1/2" IRON PIPE AS SHOWN ON CERTIFICATE OF
LOCATION, INDEX NO. SHERB. CO. 32/20)
SUBDIVIDER / DEVELOPER:
Tim Smith
13329 190th Avenue NW
Elk River, MN
PROPERTY DESCRIPTIONS
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Parcel ID 75-129-3115
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(Owners Timothy A. Smith and Michelle M. Smith)
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That part of the North Half of the Southeast Quarter of
the Southwest Quarter, and that part of the North Half
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of the Southwest Quarter, lying South of the centerline
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of Sherburne County Highway Number 35, in Section 29,
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Township 33, Range 26, Sherburne County, Minnesota
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described as follows: Commencing at the Southwest
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comer of the East 450 feet of said North Half of the
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Southeast Quarter of the Southwest Quarter; thence North
1 degree 31 minutes 58 seconds East, assumed bearing,
along the West line of the East 450 feet of said North
Half of Southeast Quarter of Southwest Quarter a
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distance of 525.43 feet; thence Southwesterly deflecting
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121 degrees 28 minutes 54 seconds left, bearing South
60 degrees 03 minutes 04 seconds West, a distance of
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490.19 feet to the actual point of beginning; thence on
--WITNESS
CORNER (SHERBURNE
a bearing of West, a distance of 216.93 feet; thence
South 5 degrees 45 minutes 33 seconds East, a
distance of 287.70 feet to the Northeast corner of Lot
3, Block 1, Island View Second Addition, a duly recorded
plat; thence Easterly along the South line of said North
Half of the Southeast Quarter of the Southwest Quarter
and the North line of said Island View Second Addition to
the Northeast corner of Lot 1, Block 1, Island View
Second Addition; thence North 17 degrees 57 minutes 51
seconds West, a distance of 298.02 feet to the point of
beginning.
Parcel ID 75-482-0105
(Owners Justen P. Hemmelgorn and Leezo Hemmelgarn)
Lots 1, 2, 3, and 4, Block 1, ISLAND VIEW SECOND
ADDITION, Sherburne County, Minnesota.
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EXISTING ZONING (Proposed plat and adjoiningproperties):
R1 b Single Family Residential
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--WITNESS
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COUNTY CAST-IRON MONUMENT
PER CERTIFICATE OF LOCATION
OF GOVERNMENT CORNER
RECORDED AS DOC. NO. 153000)
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`-SOUTH QUARTER CORNER OF SECTION 29,
T. 33, R. 26 ACCORDING TO SHERBURNE
COUNTY SURVEYOR'S OFFICE COORDINATES
I hereby certify that this survey, plan, or
report was prepared by me or under my
direct supervision and that I am a Licensed
Land Surveyor under the laws of the State
of Minnesota. _
Date 06/26/17
Trace C. McCoy
License No. 44531