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5.7B. SR 11-12-2002 Howard R, Green Oompany November 7, 2002 File: 230106M-0325 Item 5.7.B. Honorable Mayor and City Council City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: NAPLES STREET/186TM AVENUE PUBLIC INFORMATIONAL MEETING Dear Council Members: As directed by the City Council, we have held another public informational meeting with the residents of Naples Street and 186th Avenue. As you may be aware, the history with this neighborhood dates back to 1990. At this public informational meeting, we discussed the potential of extending City sanitary sewer and watermain into the neighborhood and constructing permanent urban style streets. This informational meeting was authorized by the City Council based on conversations with one or two of the affected residents in the area who had indicated they felt that property owner's views on public improvements may have changed over the years. To give the Council a sense of history of the area, the following is a chronologically ordered summary of City staff interaction with the residents: · August 20, 1990: City receives a petition from the neighborhood asking for an upgrade to the streets and for the City to take over maintenance of the private roads. November 1990: Feasibility study is prepared, which lists three options for street construction. They consist of permanent urban style streets, a urban style blacktop street with bituminous berm, and a third option of a gravel upgrade with the City taking over maintenance of the gravel road. · February 4, 1991: Feasibility study is accepted by the City Council and staff is directed to hold an informational meeting with the residents. · March 19, 1991: Informational meeting with the residents is held by City staff. March 20, 1991: Based on the input from the residents at the informational meeting, staff makes a recommendation to the City Council to invest $13,500.00 in a gravel road upgrade in exchange for the residents providing 60-foot wide road easements so that the City may maintain the gravel upgrade. Previously, the road was considered private and was maintained by the homeowners. · Easements documents are prepared and the area is staked for public viewing. · August 6, 1991: Informational meeting is held with the residents as a follow-up to gage interest in signing of the easements. Ltr-110402-Counci112] 1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389 City Council Page Two November 7, 2002 · July 22, 1992: Terry Maurer letter to Pat Klaers summarizing that there are only four signed easements. August 21, 1992: Letter to the residents indicating that with the limited number of signed easements the City has received, the City is removing the potential gravel upgrade from their current projects list. · Easements continue to trickle in based on the last letter to the homeowners. City's street department goes in and makes a gravel upgrade and begins to maintain the road even though not all the appropriate easements are in the City's possession. At this point, eight of twelve easements are returned and signed. To date, no additional easements have been provided; however, there have been no complaints from those not signing the easements about the City maintaining the roadway. With this summary as background, attached are minutes from the October 22, 2002 informational meeting, the sign-up sheet from the informational meeting, a November 18, 1996 summary of roadway easements received, and a map of the area indicating the property owners in favor and against extension of public utilities and a permanent street construction in the area. If the City were to proceed with a feasibility study for public improvements leading to a project to construct public utilities and permanent streets, all of the easements would need to be in place to accomplish these improvements. With at least one of the property owners who have not submitted their easement indicating at the most recent public informational hearing that they were against the proposed improvements, the City would likely be led to an imminent domain situation if the project were to move forward. Therefore, it is staff's recommendation that at this time the City Council take no action on this request for improvements other than to perhaps send a letter to all of the property owners indicating that the City will take no further action until all of the easements are submitted or a willingness to submit the easements is indicated to City staff. If you have any questions regarding this information, I will be in attendance at your November 12, 2002 City Council Meeting. Sincerely, Howard R. Green Company TJM:sgw Enclosures Ltr-110402-Counci112] Howard R, Green Company CONSULTING ENGINEERS Informational Meeting Minutes 186th Avenue and Naples Street October 22, 2002 - 7:00 P.M. Kristie Thompson from Howard R. Green welcomed those present to the neighborhood meeting regarding the proposed reconstruction and addition of utilities for 186th Avenue and Naples Street from 185th Avenue to the north. (See sign in sheet for those in attendance.) Kristie noted that this area had been looked at previously and a feasibility study completed in 1990 that looked at a couple of different options for improving the gravel road. At that time it was determined that the majority of the residents were not in favor of paving the roadway. The City did proceed with obtaining easements from a majority of the residents that granted public right-of-way over the street. Once that was completed additional gravel was added and the City now plows the road in the winter. It was stated that a couple of items had changed since the feasibility study was completed in 1990. The City has now adopted a typical roadway section that calls for the installation of barrier concrete curb and gutter and storm sewer. Utilities were also extended down 186th Avenue, allowing for the ease in future extension into the neighborhood. It was stated that because of some interest from residents, Council had directed staffto revisit with the property owners to determine if the majority were now in favor of the improvements. The purpose of the informational meeting was to gauge neighborhood interest in completing another feasibility study that would update the study completed in 1990. Revisiting the feasibility study would also allow the City to reevaluate costs associated with the improvements and how they would be assessed to property owners. 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. It was stated that at this point the City was looking at assessing residents for the improvements on a per unit basis. Several of the larger lots would be probably be assessed multiple units. 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. It was noted by two residents that they felt they would be unable to afford additional assessments. Kristie noted that if a resident was over 65 or permanently disabled, they would be able to defer the assessment until the property was sold. It was noted that interest would accrue during this time. Mr. Donald Rahn expressed concern that his property would be assessed for the improvements. He currently has access to his home off of 185th Avenue and only a segment that is 66-feet wide fronts on Naples Street. He also noted that this portion of his property had an easement over it that granted a driveway access to a landlocked parcel to the west. Kristie stated that how is property would be assessed would be reviewed as part of the feasibility. Kristie asked for a consensus of those present regarding their interest in this project. The residents were generally split between those in favor of the improvements and those not. They were asked to indicate their interest on the sign-in sheet. A map noting the responses is attached. It was noted by the residents that the property on the west comer of 185th Avenue and Naples Street had recently been purchased and the new owners may not be aware of the meeting or issue. Residents expressed interest in possibly improving only Naples Street. Kristie noted that this interest would be mentioned to City Staff and Council. 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 adjoumed. ~~Howard R, Green Qompany Informational Meeting PRO,TECT NAME: Naples 5treat / 186th Avenue, 5treat and Utility Zmprovements OWNER: City of Elk River DATE OF MEETING: 7:00 p.m., Wednesday October 16th, 2002 Name (Print) Mailin~l Address/ZipPhone No. ~~:~ t3~s/-r.~l~~: ~ ~o __R:s ~i/,- O 5PROJL2 3 010 5 m\si gnin. doc November 18, 1996 NAPLES/186TH AVENUE EASEMENTS NAME EASEMENT RECEIVED Rahn X Hartman Guck X t(nutsen X Bickman, Joseph and Michael Bickman, Joseph and Delores .., Theisen- (Olson is occupant) '? "' Goenner X "~ John Chicome :' X. *Lofgren Waite s:\admin\engineer\napease.doc *Lofgren indicated he would bring his in when it gets signed'by the Mortgage Company. River JOSEPH AND DELORES BICKMAN 75-131-1440 JAMES AND PATTI SWANSON 75-131 -1 406 NAPLES STF qUE PROJECT AREA NAPLES STRE~ 3-YES GERALD P. WAITE 2-NO 75-1 51 -11 O0 186TH AVENUE 3-YES 3-NO DONALD R_ AND DONNA M. RAHN 75-131-11 01 NO ANTONIO AND CARMEN PENA 75-1 51-1 405 SARA S. e~, NOT IN ATTENDANCE AT INFORMATIONAL MEETING CALLED IN THEIR VOTE DESIGNED BY:GWR DRAWN BY: TAE APPROVED BY:TJM JOB NUMBER 250105 CAD DATE: October 10 2002 9:17:59 o.m. CAD FILE: 2501051vi~,250105 EXHIBIT.0WG [TELGAAR/ THOMAS E. AND HARTMAN 75-597-0010 eeYES JAMES WAITE 75-131 -1 415 eeNO THOMAS AND 75-151-1445 NO I I MARCELLA E. JOHN 75-151-14-60 LOREN AND THERESA CHICOINE 75-131-14-00 YES NAPLES STREET BERNICE GUCK 75-131-1420 YES Howard 1526 ENERGY PARK DRIVE[ r ST. PAUL, MI~E~06T4A4_~451~0~, [NAPLES STREET/168TH AVE. CITY OF ELK RIVER R. Green Company / MARJORIE GOENNER JOSEPH AND BICKMAN 75-131-1435 YES DELORES JOSEPH AND BICKMAN 75-151-1450 DELORES GARY OLSON 75-151-14-50 NO MILES AND KAREN KNUTSEN 75-131-1455 O 5O SHEET NO. 1