4.3A&B. SR 01-28-2002 Howard R
January 24, 2002
File: 806550J-0045
, Green Company
Item 4.3. a-b
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE:
175TH AVENUE IMPROVEMENTS
LAND ACQUISITION
Dear Council Members:
As you are aware, the reconstruction of 1751h Avenue from Tyler Street to Fillmore Street is
scheduled for the summer of 2002. We have been working toward that goal and have received
final approval on all federal paperwork relative to the TEA-21 grant and have received final
approval of the construction plans. Land acquisition efforts have been ongoing for the past
several months. I have personally met one or more times with all but three property owners
along 1751h Avenue, and continue to try to make contact with the last three property owners.
Based on federal guidelines, I have been making written offers to each of the property owners in
an amount that was established by Evergreen Land Services. I have told all of the property
owners that the City Council has not considered the issue of assessments for the street
construction and has not officially taken a position on whether or not sanitary sewer and water
will be included with the project, but has cleady stated that if they are, they will not be assessed
to properties on the south side of the road nor assessed properties on the north side prior to
2007 except for Developers asking for the utility service.
The following table provides a list of the property owners and the offer that has been made to
them:
Mitchell Right-of-way given in Park Pointe Plat
Holen $2,875
ChubaNan Patten $2,725
Brinza $575
Monte $1,475
Osmund $3,100
Meisenbach $1,525
Robinson $3,775
Graham $1,375
Ganyo $1,175
Klein Easement signed
Schneider $5,450
Cargill Easement to be given based on global
agreement
$1,450
$1,375
$26,875
Collins
Myhre
TOTAL
Ltr 1-24-02 Council
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Honorable Mayor and City Council
January 24, 2002
Page Two
In meeting individually with these property owners, none have expressed negativity about the
project; in fact, some have even indicated their leaning toward giving the right-of-way at no cost
to the City. However, to this date, only the Klein easement has been signed. In order to protect
the TEA-21 grant the City has received for this project, the City needs to provide proof that right-
of-way is available by the spdng of 2002. Therefore, I have asked City Attorney Peter Beck to
prepare a resolution to start the Eminent Domain process. If all negotiation fails to get the
easements signed, the Eminent Domain process can be used to have the courts grant the City
the right to construct the project, thereby preserving the TEA-21 grant. I also believe that
passage of the Eminent Domain resolution will allow me to revisit with each of the property
owners to indicate that the City is sedous about proceeding with this project.
As I discussed bdefly with the Council at the January 22 City Council meeting, the City needs to
be confident that it can and will get public utilities to the Park Pointe plat prior to granting final
plat approval to this development. We anticipate that the final plat approval will come before the
City Council on February 11, 2002. Passage of the Eminent Domain resolution will assure that
sewer and water can be delivered to Park Pointe.
One other issue that the City Council has discussed in the past is whether or not to assess a
portion of the street cost to the abutting properties. I have taken the liberty of preparing the
attached resolution that would authorize a feasibility study to initiate the Minnesota State Statute
429 assessment process. This is the first step necessary should the Council want to proceed
with an assessment for street reconstruction to the abutting property owners. Since this would
be a City Council initiated project, the resolution would require 4/5 vote for passage.
I will be in attendance at your January 28, 2002, City Council meeting to discuss this project and
these issues with you further.
Sincerely,
Howard R. Green Company
Terry J.'Maurer, P.E.
TJM:tw
Attch.
Ltr 1-24-02 Council
Howard R, Green Qompany
QONSULTING ENGINEERS
RESOLUTION 02 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION OF THE CITY OF ELK RIVER
ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE
MATTER OF THE 175TH AVENUE STREET IMPROVEMENT OF 2002
WHEREAS
the City has determined that it should consider improving certain property
by reconstructing 175th Avenue between Tyler Street and Fillmore Street
(the improvement); 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 to 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 28th day of January, 2002.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
O:~PROJ~806550j~0045~RESOLUTION 1-24-02.doc