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5.7A. SR 11-12-2002Howard R, Green Oompany Item 5.7.A. October 23, 2002 File: 818860J-0030 Honorable Mayor and City Council City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: BOSTON STREET/CONCORD STREET FEASIBILITY STUDY Dear Council Members: As directed by the City Council, we have held an informational meeting with residents of Boston Street and Concord Street on Wednesday, October 16, 2002. This informational meeting was to gage the interest from the property owners to proceeding with a feasibility study to analyze the installation of City sanitary sewer, watermain, and permanent urban streets on both Concord Street and Boston Street. This informational meeting was held in response to a petition, a copy of which is attached, which was received from Boston Street residents requesting such a feasibility study. Attached are the minutes and sign-up sheet from the informational meeting and an exhibit showing the interest expressed by the various homeowners. Those residents of Boston Street expressed interest in a feasibility study very similar to that expressed in the petition that was submitted earlier this year. Of those residents living on Concord Street and Mississippi Road, seven indicated that they were interested in proceeding to a feasibility study to analyze the cost of installing City sewer, water, and permanent streets. Four indicated they were not interested. Based on the responses received at the informational meeting, we have prepared the attached draft resolution ordering the feasibility study. If the City Council would like to proceed to a feasibility study for both Concord Street and Boston Street, a four-fifths vote of the City Council will be required, since this larger scale project cannot be considered a petition improvement. If you have any questions regarding this issue, please call. Sincerely, Howard R. Green Company TJM:sgw Enclosure Ltr-102302-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 ali 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 3 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: 1. 2. 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. This Petition, Waiver and Agreement may be executed in one or more counterparts, each of which shall be deemed the original. Dated this .5-- day of 200~ OWNER(S) (signature required) Date 2. Property Signature of Owner Print Owner Name Description 10. 11. 12. Date received by City: By: Its: T CITY ORONO ~ CEMETERY) HALL NO 1 5 < 1 5 300 DESIGNED BY: KI DRAWN BY: LLARSON APPROVED BY:APPROVED_BY JOB NUMBER 818860J CAD DATE: Auqust 6, 2002 CAD FILE: O:'",.CAOX,,818860J~818860EX.dwq 1326 ENERGY PARK DRIVE ST. PAUL, MINNESOTA 5510~ (651) 644-4389 Howard R Green Compar~ CONSULTING ENGINEERS CONCORD STREET/1 BOSTON STREET Informational Meeting Minutes Boston Street & Concord Street October 22, 2002 - 6:00 P.M. Kristie Thompson from Howard R. Green welcomed those present to the neighborhood meeting regarding the proposed reconstruction and addition of utilities for Boston Street and Concord Street from Mississippi Road to Orono Road. (See sign in sheet for those in attendance.) Kristie explained that the purpose of the informational meeting was to gauge neighborhood interest in completing a feasibility study that would determine how the streets would be reconstructed and utilities extended. The feasibility study would also allow the City to determine costs associated with the improvements and how they would be assessed to property owners. It was explained that the majority of residents along Boston Street had signed a petition in favor of the feasibility study and that Council had directed staff to determine interest from residents along Concord Street since that was the last remaining street in the area that was not served with public utilities. It was explained that expressing interest in a feasibility study was not an automatic vote for the improvements but that the issue would be revisited once the study was complete. At this point, Kristie reviewed a general concept for how utilities would be extended and what the typical road section would consist of. A resident stated concern with transitioning to their driveway if barrier curb and gutter was added, which may require lowering the street grade. Kristie explained that the issue would be addressed if the project proceeded to design. The road would most likely require lowering so that yards drained to the street and proposed storm sewer. It was explained that if the project moves forward the issue would be looked at and a profile that resulted in the least impacts to driveway grades would be created. At this point several residents voiced their concern with installation of barrier curb and gutter. Residents wondered if removing the curb and gutter from the project would result in a lower assessment. It was stated that removing the curb and gutter would lower the construction amount but it would not be substantial compared to the overall cost. Residents still expressed interest in this option and Kristie asked those interested to note their opinion on the sign-in sheet. Concern was expressed by residents that concrete sidewalk would be installed. The residents were not in favor of including the sidewalk in the project. It was explained that at this time no sidewalk construction was proposed. A question was asked if the utilities could be extended within the boulevard area to avoid the cost of reconstructing the roadway. It was noted that the overall disruption would be relatively the same. Additional restoration of front yards would be necessary and the road would need to be removed where services were extended to residents across the street from the utilities. It was noted that the overall cost in trying to save sections of roadway would end up approximately the same as if the entire roadway were removed. A resident expressed concern that private utilities would be in the way of the improvements. Kristie noted that the private utilities were installed within the City's right-of-way and would be required to move at their own cost ifa conflict were to arise with the City's improvements. It was stated that at this point the City was looking at assessing residents for the improvements on a per unit basis. The question was asked if a resident already had public sewer and water because their property was also adjacent to Orono Road if they would be assessed for the installation of utilities. Kristie stated that if the project progressed to the feasibility study, the City would look at assessing all residents for the street improvements and possibly assessing only those currently without utilities for the extension of the sanitary sewer and watermain. It was also stated that there would be additional costs associated with the project. These included a sewer and water hook-up fee, the cost of running services from the road right-of-way to the home, abandoning the septic system and well, and a monthly charge for usage. Kristie noted that if the project were completed, residents would have two years from the time the utilities were available to hook-up or the City would automatically charge the property owner the hook-up fees and start charging a monthly user fee. Residents along Mississippi Road asked if it would be possible to extend utilities to serve their property in conjunction with the project. Kristie noted that this could be included in the feasibility study if enough interest was expressed. Kristie asked for a consensus of those present regarding their interest in this project. Those present indicated their general acceptance of proceeding to the feasibility stage of the project. They were asked to indicate their interest on the sign-in sheet. A map noting the responses is attached. Kristie stated this information would be provided to the City Council at an upcoming meeting. If it was determined by Council that a feasibility study would be undertaken, notice would be provided to the residents. The Kristie thanked those present for taking the time to discuss this project with staff. The meeting was adjourned. ~~Howard R, Green Company City Informational Meeting PROffECT NAME: OWNER: DATE OF MEETING: Boston Street / Concord Street, Street and Utility Tmprovements City of Elk River 6:00 p.m., Wednesday October 16th, 2002 Name (Print)Mailing Address/Zip Phone No. , -~uck ~vil qql ...... (~,'~, ~,_fu~ ,~, ~~ ~-. O:~PROJ\818860j\0030\signin.doc f,,/eo 5e RESOLUTION 02- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR THE CITY OF ELK RIVER ORDERING A PRELIMINARYFEASlBILITY REPORT IN THE MATTER OF THE BOSTON STREET AND CONCORD STREET IMPROVEMENT OF 2002 WHEREAS the City has determined that it should consider improving certain property by extending City sanitary sewer and water along with permanent urban streets on Boston Street and Concord Street between Mississippi Road and Orono Parkway; and WHEREAS Council must first secure a preliminary feasibility study in order to consider making the improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: This matter shall be referred to Howard R. Green company, who is requested to provide tot 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 12th day of November 2002. ATTEST: Stephanie A. Klinzing, Mayor Sandra A. Peine, City Clerk Res-102302-818860J[1] City River \ \ CONCORD STREET/BOSTON STREEt, \ \ PROJECT AREA CONCORD STREET 4-NO 7-YES ~'-6 BOSTON STREET 1 -NO 5-YES ~'-2 INDICATED THEY WOULD LIKE A RURAL SECTION ROAD · . NOT IN Al-rENDANCE AT INFORMATIONAL MEETING, CALLED IN THEIR VOTE 0 DESIGNED By:GWR DRAWN BY: TAE APPROVED By:TJM JO~ NUMBER 250105 CAD DATE: October 10 2002 12:02:00 p.m, CAB FIIF: 250105M~250105 EXHIBIT 2.0WG (TELGAAR) JOHN AND KATHLEEN 75-476-0280 .,YES TINA M. ROACH ·eNO GERALD SONTERRE 75-476-0150 YES DENNIS AND COLLEEN ETHEN 75-476-0160 .,YES JAN AND SYNTHIA OLSON 75-478-0160 JOHN AND MARGARET LONGIE 75-478-0170 NElL SMITH AND M. 75-476-0260 .,YES JAMES AND ELA!NE PEPtN 75-476-0250 eYES RL L. AND )ENNIS AND MARY GUNDERSOt 75-476-0240 *YES ROBERT AND ELAINE STUEFFEN 75-468-0235 eYES JEFI~ERY DAUGHERTY 75-1476-O2.30 F.F.=99.O9' ~ POWELL INVESTMENTS \ 75-468-0240 KEVIN J. AND / CINDY NOVOTNY / ' 75-476-0130 / PETER A. JAND -_ / 751~476-i120 ;ARY A. STATEMA 75-476-0110 :OBERT ALD OANN LA 5-468-( MICHAELI AND DONNA L;. GILLES 75-468-'0140 YES I ~OBERT AND IOANN LARS£ 75-468-015( YES BOSTON eT GINA M. GINA M. DEMARRE 75-468 -0215 MISTY DAHLVANG 75-468-0110 / DEqNIS AND LUqlLLE LLOYD 75-468-0205 3225 JOSEPH AND TWlLAM O'KEEFE 75-476-0210 NO IRVIN AND CONNIE-LE \\ MOLDENHAURER 7.~ 60 DANIEL A. AND JILL M. KOLLES 75-4-76-0220 NO / / / / / / I / Howard R. Green CompanY ll~"" NO.