6.9. SR 04-19-1993
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ITEM 6.9.
\lEe fJ V EO APR9 \993
_ / } ~ ~ ~ ~ CONSULTING ENGINEERS
"""'1 Maier Stewart & Associates Inc.
April 8, 1993
File: 230-164-10
Honorable Mayor and City Council
City of Elk River
P. O. Box 490
13065 Orono Parkway
Elk River, MN 55330
RE: MISSISSIPPI OAKS ADDmON
PETITION FOR LOCAL IMPROVEMENT
Dear Council Members:
Attached is a petition received from Mr. Irv Moldenhauer requesting sanitary sewer, water,
storm drainage, and street improvements for the first phase of his proposed Mississippi Oaks
Addition. Since Mr. Moldenhauer is the owner of the property, this represents an adequate
petition. This first phase of the Mississippi Oaks plat contains approximately 37 lots and is
located immediately adjacent to County Road 30 and Heritage Landing. In fact, the sanitary
sewer, water, and storm sewer proposed to serve the Heritage Landing plat also flows through
this subdivision.
Attached for the City Council's consideration is a draft resolution which declares the adequacy
of the petition and authorizes the preparation of a Feasibility Study. It is recommended that
authorization of the Feasibility Study be contingent on the developer's placing an escrow account
with the City to cover the cost.
If you have any questions regarding this, I will be in attendance at your April 19 City Council
meeting.
Sincerely,
MAIER STEWARf & ASSOCIATES, INC.
~jlffftU?~
Terry 1. i(fa"'urer, P.E.
TJM:tp
Attachment
1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-774-6021
9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 . Equal Opportunity Employer
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PETITION FOR LOCAL IMPROVEMENT
City of Elk River
State of Minnesota
It'~hrl'!J~)T ?t;
. 19 -9.:L
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: Gov. Lot 3, Section S,
Township 32, Range 26, AND part of the Southwest Quarter or the ~outheast
Quarter, Section 32, Township 33, Range 26, lying South of County Road No. 30
hereby petition. pursuant to Minnesota Statutes. Chapter 429. for the
following public improvements:
Sanitarv Sewer, water. storm sewer. and streets
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.
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OWNER EXPRESSLY WAIVES OBJECTION to any irregularity 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
Date of Owner of Owner
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1. 2/26/93 ~,. 7:7f-/;,;;..,J~r Irv Moldenhauer
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3.
4.
5.
6.
7.
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9.
10.
Description of
Property
see above
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.
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. Clty Clerk
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RESOLUTION 93 -
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION DECLARING THE ADEQUACY OF THE
PETITION FOR IMPROVEMENT AND ORDERING THE
PRELIMINARY FEASffiILITY REPORT IN THE MATIER
OF THE MISSISSIPPI OAKS PHASE 1 IMPROVEMENT OF 1993
WHEREAS, the City has received a petition (the Petition) requesting that t'Ie City improve
certain property by constructing sanitary sewer, water, storm drainage, and streets
(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 ilot 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:
1.
The Petition is hereby declared to have been signed by the owners of at least 35 % of the
frontage of the real property abuttiIlg on the streets named in the petition as the location
of the improvemer.t. This declaration is made in conformity to Mini'lesota Statutes,
S~tion 429.035.
2. This Petition is hereby referred to Maier Stewart & Associates, Inc., who is instructed
to provided to the City Council a report advising, in a preliminary waYl 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 19th day of April, 1993.
Henry A. Duitsman, Mayor
ATIEST:
Sandra A. Thackeray, City Clerk
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