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5.9. SR 01-23-1995 A./ -\.( ( ?! ~lil River ** ITEM 5.9.** MEMORANDUM TO: Mayor & City Council Pat Kla.rs, City Admm~ January 23,1995 FROM: DATE: SUBJECT: Concord Street Attached for your review is a memo from the City Engineer which summarizes a 12/15/94 Concord Street meeting which he and Councilmember Dietz attended. At this time, it appears that there is a deadlock among property owners on whether or not any Concord Street improvement project should take place. Likewise, it appears that the City has done almost everything it can in order to facilitate this project and to assist the property owners. At this time, this project is in the hands of the property owners, and no City project or action is anticipated until additional requests come forward. This item is on the agenda for information only, and no action is necessary by the City Council. e s/council/concord e 13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425 DEe 3 n 199~ eONSUJTI~G t;NGlNEERS 1326 Energy pork Drive St. Paul, MN 55108 612-644-4389 1-800-888- 2923 Fax: 612-644-9446 CIVIL ENGINEERING ENVIRONMENTAL MUNICIPAL e PLANNING SOLID WASTE STRUCTURAL SURVEYING TRAFFIC TRANSPORTATION ELECTRICAL! MECHANICAL ENGINEERING HVAC POWER DISTRIBUTION SCADA SYSTEM CONTROlS OFFICES IN e MINNEAPOLIS PRIOR LAKE ST. PAUL W ASECA December 21, 1994 File: 230-212-53 Honorable Mayor and City Council City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: CONCORD STREET IMPROVEMENTS Dear Council Members: On Thursday evening, December 15, 1994, Council Member John Dietz and I attended an informational meeting held at the Nelson residence on Concord Street. The purpose of the meeting was to provide a forum for the neighbors to discuss the proposed' street improvement. For your reference, I have attached an exhibit, previously presented, which shows Concord Street and the owners of each individual property. Those in attendance at Thursday's meeting included Madden, Ward, Ostien, Johnson, Zehowski, Schaefer, Nelson, Smith, and Haaland. Those not attending Thursday's meeting included Palmer, Carlson, and Sohns. At the beginning of the meeting, Council Member Dietz and I gave an update on the status of the project. We indicated that the City had made an attempt to acquire easements. As indicated by the attached drawing, there are still seven easements outstanding. We indicated that three of them were not necessary to go forward with the project. Those include McCarty, Johnson, and Zehowski. We did indicate that the other four Ward, Palmer, Carlson, and Sohns were necessary in order for the City to proceed. We told those in attendance that it would be highly unlikely that the City would consider condemnation proceedings against those four properties, since, that is a costly process. The cost of which, would need to be assessed back against the owners of the property on Concord Street. We gave a brief description of the improvement project process, with emphasis on the assessment hearing, and the fact that if there were major appeals to the assessment process, once again, the City could choose to not move forward with the project, rather than take their chances fighting an appeal in the courts. We also briefly discussed the gravel road alternative, which was presented in the feasibility study. We indicated that a gravel road alternative could likely be constructed with a 25-35% reduction in the assessment to each property. We did indicate that this had not been considered by the entire Council, and if the neighbors were to choose to move forward with a gravel road alternative, it would have to be presented to the City Council for their approval. e Honorable Mayor and Council Members December 21, 1994 Page Two The discussion amongst the property owners in attendance indicated that at least three property owners Ward, Carlson, and Sohns are adamantly opposed to any type of public takeover and improvement of the road. One additional property owner, Zehowski had serious questions relative to drainage affecting his property, and the overall need for a public improvement on the road. They never did clearly state whether or not they would stand in opposition to the project. At the time that we left the meeting, it appeared that the neighbors were dead-locked on whether or not to move forward. We indicated that we would prepare this summary of the meeting, and that they could come to some majority conclusion amongst themselves, they should feel free to come back and present their recommendation to the City Council for the Council's consideration and reaction. If you have any questions, or would like me to do any additional work on this project, please do not hesitate to call. Sincerely, e MSA, CONSULTING ENGINEERS /~~ Terry J. ~urer, P.E. TJM:pd Attachment 212-1913.dec e MS ClStlJJllIIIIIDS -..- McCARTY ;; .. ~ i .. .. _..1-4Ot4 JOHNSON li IS 7$-U'J-4DM ZEHOWSKI '-'- (" " .....,.". ~ 7S-t17-401. SOHNS .............................-........ .............................................. ............................................ ............................................ ........................................... ........... .. ........... .....-.................................. .....---..................................... ::'\.\'\'\'\::;:\:\I:\\'.mll:I[!i[[\lll[j;[l[I:\ .......--.....-....--..... ....- ......................-............. ...n.......................... ............................ -.......... ............... .......--..........-.......... _.. .__......._.....hh.. :::}:::::ji:t~~:ft;}:'.. ...-...--.......... ................... .. ---........... .........-.-....... .................................--..... ......................................... ......................... ::t:tr?~!M:::tlr ......... ...... ..........-......... ..... ......... ....... .................... ..... ..... ....... ...................................... ..... .................... ..............................-...... .... -..-.. ................... .......... ............... ....... ................. ....... . ......h............,..... ........................,... .,...................................-....,......... ............................ .......................................,........... ................................................. ..-.".....................,................ ................................ ......,......................,............. .........-...................... ..............................,.............-..., ...........,................ ................................................. _................... ............ h...... ................................................... .................... ..,.....,............... ..-.-............................................. ......................... ..,................... .... ......................................... .. .........................................-. ........................................-.......... .......... .-..................................-. ......-.....................-....................... ..................................-................ ...........................-............-........... -................................................... _.... h h...... ..... ....................._.......... ........................................... ..._.... I ]'!ir.itli :1:i~I'"lil(Jfl .e-.... ~ ~ .......-...-.....-.. .................... ...............-.... .................... .................... -:'-:-:.:.:.:.:-:,.:,.::::.:.:.:, EASEWENTS SlGNED .................... .................... .................... ......,............. ."................. .................... .................... .................... ......,............. ~ ~ ~ ~ ~ ~ ~ EASEWENlS SIGNED BUT ~ ~ ~ ~ ~ ~ ~ RElURNED AT PROPERTY , , , , , , , OWNERS REQUEST CONCORD STREET EASEMENT STATUS COUNCIL MEETING 11/7 /94 (g~lMIn~Dir 1]