6.13. SR 04-19-1993
ITEM 6.13.
_ / f ~ . ~ -! J. . CONSULTING ENGINEERS
. .",__ Maier Stewart & Associates Inc.
April 16, 1993
File: 230-163-10
Honorable Mayor and City Council
City of Elk River
P.O. Box 490
13065 Orono Parkway
Elk River, MN 55330
RE: CHERRYHILL BLUFFS 2ND ADDmON
FEASIBILITY STUDY
Dear Council Members:
.
Attached is a petition from Mr. Rick Foster for a feasibility study analyzing City utilities, storm
drainage, and streets in his Cherryhill Bluffs 2nd Addition. The petition is adequate since he has
now reached agreement with the City on the purchase of the property north of the MnDOT
facility.
Mr. Foster has his preliminary plat before the City Council on Monday evening. Staff
recommendation is to send the preliminary plat back to the Planning Commission because of the
significant changes in it. However, the developer is anxious to proceed with a feasibility to keep
the project moving forward. He is also willing to escrow the cost of the feasibility study,
understanding that it is his risk should issues arise at the Planning Commission.
There are basically three options for the City Council to consider:
1. If the City Council approves the preliminary plat, you could then consider the attached
resolution authorizing the feasibility study.
2. If the City Council sends the preliminary plat back to the Planning Commission, we do
not believe it is appropriate to consider the resolution ordering the feasibility study.
However, the City Council could allow the feasibility to proceed at the developer's risk
and then actually order it when the preliminary plat comes back to the City Council.
3. The City Council could tell the developer to wait on the feasibility study until the
preliminary plat comes back from the Planning Commission. This would cost the
developer at least one month of time.
.
1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-n4-6021
9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612.546-0432 . Equal Opportunity Employer
.
.
.
Honorable Mayor and City Council
April 16, 1993
Page Two
If you have any questions, I will be in attendance at your April 19 City Council meeting.
Sincerely,
MAIER STEWART & ASSOCIATES, INC.
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PETITION FOR ,,"OCAL IMPROVEMENT
City of Elk River
State of Minnesota
'(j,~
, 19~
To the City Council of Elk River, Minnesota:
WE. THE UNDERSIGNED OWNERS of (all) (not less than 35 perc~nt in
frontage) of the real property described as:
"P1l&pL:J<r1!kI PtJlT f:J,:' tt:141i/I.fLYH/'L I8LvFltl'c ~~ ~'ill"'tDr.
hereby petition. pursuant to Minnesota Statutes, Chapter 429. for the
following public improvements: .
"5AJ\I" 171~'" S~l!!I.L . ""-",~. ~'1DIL"", ."f./!!.c,JE,Jt. AAl4 "57A~~r.
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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 d fair and reasonable
apportionment of the costs of said improvement.
OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to
the making or 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.
Date
1. Q-I{'-97
2.
3.
4.
5.
6.
7.
8.
9.
10.
. ~~ure
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Print Name Description of
of Owner Property
a. C - P~.oSED Ctft&RP-YH1u...
/u(/1J<<t/ '('7?'.I'/Z7( 'Boc..uF'P'S' z't9 AlJl?m'""
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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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 MATTER
OF THE CHERRYHILL BLUFFS 2ND ADDIDON IMPROVEMENT OF 1993
WHEREAS the City has received a petition (the Petition) requesting that the City improve
certain property by the extension of City utilities, storm drainage, and permanent
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 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:
1.
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.
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 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 19th day of April, 1993.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk