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5.9. SR 08-01-1994 .MS ~ alNSIL mG ENmXEE~ OVIL ENGINE[~ING ENVJRON,IIiENTAl MUNICiPAl PlANNING STRUCTURAl . SURVEYING TRAffiC TRANSPORTATION 1326 Energy Pork Dri", SI. Paul, MN 55108 612.644-4389 Fax: 612.644-9446 .9800 Shelard Parkway Minneapolis, MN 55441 612.546.0432 Fax: 612.544.6398 ITEM 5.9. July 28, 1994 File: 230-211-30 Honorable Mayor and City Council City of Elk River 13065 Orono Parkway Post Office Box 490 Elk River, MN 55330 RE: COUNTY ROAD 12/13 DRAINAGE IMPROVEMENTS Dear Council Members: At Monday evenings meeting, City Attorney Peter Beck will be updating the City Council on discussions he has had with the Sherburne County staff regarding the potential takeover of the County ditches by the City. The takeover of County Ditch 10 directly affects the proposed drainage improvements on the Schultz/Deschenes property in the area of County Road 12/13. As you are aware, this contract was awarded some time ago, contingent upon the necessary easements and permits being obtained. At this point in time, all the easements have been signed by the affected property owners. However, we are still dealing with the County on the issue of permit to discharge water into the County ditch. If in fact it will be difficult to get this, we should make a decision on the status of that project. It is unfair to the Contractor to keep him hanging on anticipating construction of this improvement in the fall, when potentially the permit will not be obtained from the County, and the project will be dropped. The Contractor may have recourse if we do not notify him, because he may be passing up other potential work anticipating this work in the City of Elk River. At this point in time, I have had brief conversations with the Contractor, and have kept him aware to this point, however, he is at a point in his schedule where he would like to begin construction, and we are unable to allow this. I will be in attendance at your August 1, 1994 meeting, and can discuss this issue with you further at that time. Sincerely, MSA, CONSULTING ENGINEERS 2ilil~~ Terry J. Maurer, P.E. TJM:pd