7.2. SR 08-19-2002Howard R, Green Company
Item 7.2.
August 5, 2002
File: 818860J-0030
The Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330-5600
RE: BOSTON STREET ADDITION FOUR IMPROVEMENTS
Dear Council Members:
Attached is a petition for public improvements of sanitary sewer and watermain received from
homeowners along Boston Street between Orono Road and Mississippi Road. According to Mr. Mike
Gilles, who brought the petition around the neighborhood, five of the six property owners along Boston
Street who do not have public services as of this date signed the petition in favor of having a feasibility
study prepared. Attached is an exhibit that shows the area in question.
Prior to asking the City Council to authorize preparation of a feasibility study, staff thought it would be
prudent to see if the City Council is interested in staff holding an information meeting with the property
owners of Boston Street and Concord Street between Orono Road and Mississippi Road. The
petition in question was not circulated to Concord Street; however, Concord Street and Boston Street
are the only two streets in the area that currently are not served by City services. Staff thought that
input received at that information from property owners along both streets could be used by the City
Council to either authorize a feasibility study for Boston Street only or for Boston and Concord Streets
together.
We look forward to receiving direction from the City Council as to how they would like staff to proceed
on this issue.
Sincerely,
Howard R. Green Company
Terry J. ~rer, P.E.
TJM:mw'
Enclosure
Ltr-080502-Council
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
PETITION, WAIVER AND AGREEMENT FOR INSTALLATION
OF PUBLIC IMPROVEMENTS AND
ASSESSMENT OF THE COSTS THEREFOR
TO: City Council of the City of Elk River
We the undersigned owner(s) of not less than 35 percent of the real property legally
described
on exhibit A attached hereto; or
as follows:
petition the City of Elk River as follows:
To design and install on the Property the public improvements
(Improvements) indicated below:
Streets, as required by city, including grading, graveling and
stabilizing, constructing and sodding ofberms, swales and
boulevards, permanent street surfacing with bituminous material,
installing concrete curbs, gutters and driveway approaches, and
installing street lights and street signs as required by Elk River
Municipal Utilities and the City Street Department (Street
Improvements);
Sidewalks and trails, as required by the City (Sidewalk
Improvements);
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);
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);
To assess the Property for the cost of installing the Improvements, including
the Property's proportionate share of the cost of installing Trunk
Improvements, if any, 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(s); or
(c)
The Owner(s) provide written approval of a larger amount to be
assessed.
To apportion the assessments for the Improvements to the buildable lots of
record within the Property as the city shall determine.
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.
Owner(s) represent and warrant that they are the sole fee owner(s) of the Property.
Owner(s) agree, in consideration of the City designing and installing the
Improvements:
That the City will not install the Improvements unless the Owner(s) agree to
pay and/or be assessed for the City's costs of installing the Improvements.
To provide the City with a proposed plan for development of the Property
from which the city can design the Improvements.
2
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, and such additional easements or property interests as the
City shall determine necessary to extend City water and sanitary sewer
service and other Improvements to adjacent and surrounding properties.
To pay the amounts assessed to the Property for the Improvements as
provided in this Petition and Agreement.
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.
The security shall be forfeited, in an amount equal to the City's actual costs
for the feasibility study and/or the plans and specifications, or for the
construction of Improvements, in the event that a developer's agreement is
not executed.
Owner(s) 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(s) 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(s) understand and agree that the City may, in its sole discretion and for any
reason:
Decline to accept this Petition for installation of Improvements;
Decline to order plans and specifications or proceed with all or a portion of
the Improvements, following completion of a feasibility study; or
Decline to proceed with all or any portion of the Improvements following
the preparation of plans and specifications.
4
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
,200__~
OWNER(S) (signature required)
Date
2. 6 ~
4.
Property
of Owner Print Owner Name Description
10.
11.
12.
Date received by City:
By:
Its:
ORONO
CEMETERY
CITY
HALL
NO
1
5
< 1
5
300
DESIGNED BY: KT DRAWN BY: LLARSON
APPROVED By:APPROVED-BY JOB NUMBER 818860J
CAD DATE: Auqust 6 2002
CAD FILE: O:\CAD\81886OJ\81886OEX.dwo
1326 ENERGY PARK DRIVE
ST. PAUL. MINNESOTA ,55108
(651) 644-4,)89
Howard R. Green Company
CONSULTING ENGINEERS
CONCORD STREET/
BOSTON STREET