6.8. SR 02-05-1996ITEM 6.8.
ity of
iver
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor & City Council
Pat Klaers, City Administrator
February 5, 1996
North Highway 10/Joplin Street Signal
and Frontage Road
Attached for your information is a memo from the city engineer on the
Highway 10 and Joplin Street signal and north frontage road. A large scale
map will be available at the Council meeting for Terry Maurer's review of
this project. Also attached for your information are the petitions from
Guardian Angels and the Hartmans for the frontage road and utilities public
improvement project. Included in the Guardian Angels petition is a sketch of
the road alignment that shows approximately four and one-half acres
between the highway and the frontage road. One of these acres is in
Guardian Angels ownership with the balance in the Hartman's ownership.
The Planning Commission has a petition from Guardian Angels and
Hartmans to rezone this four and one-half acres into neighborhood
commercial which is a new zoning district the Council approved last month.
The finances for this project were briefly reviewed at the 1/15 Council CIP
meeting. The city and MnDOT will finance the signal and work at the
intersection; the city, Guardian Angels, Hartmans, and MnDOT will all share
in the street project (MnDOT will pay approximately one half of the street);
the city, Hartmans, Guardian Angels, and MnDOT will all pay for storm
sewer work (the city will pay about one half of the total); and the Hartmans
and Guardian Angels will pay 100 percent of the sanitary sewer and water
improvements. The city expenses would be spread between the surface water
management fund and its capital projects fund for street and signal work.
s:\councilXhwyl0fr t.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
CON~ULTINGENGINEERS
1326 Energy Park Drive
St. Paul, MN 55108
612-644-4389
1-800-888-2923
Fax: 612-644-9446
CIVIL ENGINEERING:
ENVIRONMENTAL
MUNICIPAL
'~_ANNING
SOLID WASTE
STRUCTURAL
SURVEYING
TRAFFIC
TRANSPORTATION
ELECTRICAL/MECHANICAL
ENGINEERING:
HVAC
POWER DISTRIBUTION
SCADA
SYSTEM CONTROLS
OFFICES IN:
MINNEAPOLIS
PRIOR LAKE
ST, PAUL
WASECA
January 16, 1996
File: 230-277-20
Mr. Pat Klaers
City Administrator
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE:
TRUNK HIGHWAY 10/JOPLIN SIGNALIZATION AND NORTH
FRONTAGE ROAD
Dear Mr. Klaers:
This correspondence is intended to update you on the status of the above-referenced
project and to lay out a schedule for the next few months to get this project under
construction in the summer of 1996. MnDOT Traffic Department has reviewed and
approved the signal component of the project and the Brainerd Office has conducted both
a 50% review and a 95 % review of the street construction plans. Last Friday, we had an
opportunity to meet with the individuals from Brainerd who reviewed the project and go
through each of the comments. We intend to have a final version of the plans and
specifications back to MnDOT by the end of January. After the District Office in Brainerd
reviews and signs off on the plans, it will take the Central Office approximately three
months to go through their review and to prepare a Cooperative Agreement. During this
time, it will be necessary for the City to finalize the right-of-way acquisition prior to
MnDOT's final signature on the plans. Concurrently with the Central Office review and
preparation of the Cooperative Agreement, the City can be advertising and opening bids
so that we are prepared to enter into a contract at the same time that we execute the
Cooperative Agreement.
Based on this information, I have prepared the following project schedule:
· January 26
Final plans are submitted to the Brainerd MnDOT office to begin
the review and execution process.
· February 5
Present the project to the City Council and look for a consensus to
proceed with the project in 1996. I do not believe that the City
needs to approve the plans and authorize the bid at this meeting.
However, I do believe that they need to discuss the project and
give a commitment to proceed with it so that we may discuss
easements with the Hartmans and Guardian Angels. Also at this
meeting, once the City Council has considered their desire to move
forward with the project in 1996, they may also consider the
placement of an order for the signal equipment. MnDOT will
place such an order and it takes approximately 16 to 20 weeks
from the time the order is placed until the material is available.
An Equal Opportunity Employer
Mr. Pat Klaers
January 16, 1996
Page Two
· February 1996
We would meet with both the Guardian Angels and the Hartmans
to review the final plans after the City Council has considered
them. We would also initiate more specific land acquisition
discussions.
· March 1996
By March, we should have the easement documents prepared and
be able to present them to the Hartmans and Guardian Angels.
· April 1, 1996
At this City Council meeting, we should have the MnDOT review
well under way and have already had discussions with the
Hartmans and Guardian Angels regarding the easements that are
necessary for the project. Therefore, at this meeting I would
present a resolution to approve the plans and specifications and
order the advertisement for bids.
· May 1996
Sometime during the month of May, we would present the bids to
the City Council and, contingent upon the MnDOT Central Office
completing their review and the Cooperative Agreement, we would
look for the Council to award the bid and enter into the
Cooperative Agreement with MnDOT.
· June 1996
Construction would begin and take approximately four months. It
should be complete by September of 1996.
· Fall 1996
An assessment hearing would be held for the Hartmans and the
Guardian Angels to assess the cost associated with the project.
As you can see from this schedule, we have a number of items to complete within the next
four months. I believe that it is important that we continue to move forward and not allow
any delays in the process which could possibly push out the start of construction into later
summer. If you have any questions or would like further information, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
TJM:tw
277-1508.jan
PETITION, WAIVER AND AGREEMENT FOR INSTALLATION OF CITY
STREETS AND UTILITIES AND ASSESSMENT OF THE COSTS THEREFOR
TO: City Council of the City of Elk River:
Guardian Angels of Elk River, Inc., a Minnesota Nonprofit Corporation,
(hereinafter referred to as "Petitioner"), owner in fee simple of real property located in
the County of Sherburne, Minnesota, which is described on Exhibit A attached hereto
(hereinafter referred to as "the Property"), petitions the City of Elk River as follows:
To install the following public improvements (hereinafter referred to as
"the ImprovementsD on the Property, in the general location shown on
Exhibit B attached hereto:
a.)
City street, including grading, sodding and planting of boulevards,
concrete curb and gutter, permanent street surfacing, and sidewalks .
and trails;
b.)
storm sewer, including catch basins, inlets, retention areas and
other necessary appurtenances;
c.)
sanitary sewer, including all building services and other
appurtenances; and
d.)
city watermain, including hydrants, valves, and other
appurtenances.
2.)
To assess the Property for the cost of installing the Improvements
(hereinafter referred to as "the Assessments"), at the following rates:
a.) street improvements to be assessed at the rate of $35 per lineal foot
for each side of the street;
b.)
storm sewer improvements to be assessed at the rate of $12 per
lineal foot for each side of the street;
c.)
sanitary sewer and watermain improvements to be assessed at the
actual rate of installing these improvements, which is estimated to
be approximately $42,000.
Petitioner represents and warrants that it holds fee title to the Property and that it
is authorized to enter into this Petition, Waiver, and Agreement.
Petitioner specifically waives 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 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.
Petitioner agrees, in consideration of the City installing the Improvements, to
dedicate to City that portion of the Property deemed necessary by City for right-of-way
for the Improvements and to pay the Assessments against the Property for the
Improvements; and expressly waives objection to any irregularity with respect to the
Assessment of the Property for the Improvements, expressly waives any claim that the
amount assessed against the Property for the Improvements is excessive, and expressly
waives 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.
Dated this ~--/~-h~ day of ~(~'/7~4J , 1995.
PETITIONER:
Guardian Angels of Elk River, Inc.
B y:_~~~....~
Its:
By:. /JF)~,~
PXB 98248
EXHIBIT A
P.I.D. No. 75-132-2430
PXB 98248
EXHIBIT B
Gt~ardian Angels of
Elk River, Inc.
Corporate Office · 280 Evans .4venue · Elk River, MN 55330 · (612) 241-4438 · Fax (612) 241-4443
GUARDIAN ANGELS OF ELK RIVER, INC.
(the "Corporation")
BOARD OF DIRECTORS RF~OLUTION
December 20, 1995
Authorization of Petition for Improvements
and Assessments by City of Elk River
for Lake Orono Development
WItEREAS, the Corporation owns approximately 14 acres of land in Sherburne County,
Minnesota, located near Lake Orono, which it intends to develOp as. the site for one or more
future projects (the "Lake Orono Property"); and
WlrIE~AS, as a preliminary step in the development of the Lake Orono Property, it
is necessary to arrange for the installation of public improvements to the site, including City
streets and sidewalks, storm sewer, sanitary sewer and City water (the "Improvements"); and
WHEREAS, officers and staff of the Corporation have negotiated with the City of Elk
River (the "City") to install the Improvements in a manner and location which meets the needs
of the Corporation, for which the City will assess the Lake Orono Property for the cost of the
Improvements in an approximate total amount of $75,000 together with interest over the period
such assessments are payable; and
WHEREAS, the City requires that, prior to its adoption of a council resolution for the
Improvements, the Corporation must submit a petition for the installation of the Improvements
by the City and assessment of the Lake Orono Property for the cost of the Improvements, a
waiver of any objection to the City's design and installation of the Improvements, an agreement
to dedicate a portion of the Lake Orono Property to the City for right-of-way to the
Improvements and to pay the assessments against the Lake Orono Property for the cost of the
Improvements, and a waiver of any objection to the manner and amount of such assessments;
and
WHEREAS, officers and staff of the Corporation have negotiated with the City a form
of Petition, Waiver and Agreement for Installation of City Streets and Utilities and Assessment
of the Costs Thereof (the "Petition"); and
SpecializDtg in Services.Iht Sc,,~iors
WHEREAS, the Board has determined that it is in the best interests of the Corporation
to submit the Petition to the City.
BE IT THEREFORE RESOLVED, as follows:
1) The Improvements and the assessment of the Lake Orono Property for the costs
thereof, as set out in the Petition, are hereby approved.
2) The Petition is hereby approved and the officers of the Corporation are hereby
authorized and directed to execute and deliver the Petition to the City and to take such other
actions and execute such other documents as in their discretion are necessary or advisable to
arrange for the installation of the Improvements and the agreement with the City set out in the
Petition.
3) All actions of the' officers, agents and employees of the Corporation in conformity
with the purposes and intent of this Resolution, whether taken before or after the adoption
hereof, are hereby ratified, confkmed and approved.
GUARDIAN ANGELS OF ELI~ RIVER, INC.
By
STATE OF MINNESOTA )
COUNTY OF SHERBURNE )ss.
The foregoing was acknowledged before me this ~ day of ~ff~~L-), 1995
by Stewart T. Wilson and Carol J. Mills, the President and Executive'Director respectively of
Guardian Angels of Elk River, Inc., a nonprofit corporation under the laws of Minnesota, on
behalf of the corporation.
Notary Publ~
PETITION, WAIVER AND AGREEMENT FOR INSTALLATION OF CITY
STREETS AND UTILITIES AND ASSESSMENT OF THE COSTS THEREFOR
TO: City Council of the City of Elk River:
Thomas and Sara Hartman (hereinafter referred to as "Petitioner"), owner in fee
simple of real property located in the County of Sherburne, Minnesota, which is
described on Exhibit A attached hereto (hereinafter referred to as "the Property"),
petitions the City of Elk River as follows:
1.)
To install the following public improvements (hereinafter referred to as
"the Improvements") on the Property, in the general location shown on
Exhibit B attached hereto:
a.)
City street, including grading, sodding and planting of boulevards,
concrete curb and gutter, permanent street surfacing, and sidewalks
and trails;
b.)
storm sewer, including catch basins, inlets, retention areas and
other necessary appurtenances;
c.)
d.)
sanitary sewer, including all building services and other
appurtenances; and
city watermain, including hydrants, valves, and other
appurtenances.
2.)
To assess the Property for the cost of installing the Improvements
(hereinafter referred to as "the Assessments"), at the following rates:
a.) street improvements to be assessed at the rate of $35 per lineal foot
for the south side of the street and $30 per lineal foot for the north
side of the street;
b.)
storm sewer improvements to be assessed at the rate of $12 per
lineal foot for each side of the street;
~c.)
sanitary sewer and watermain improvements to be assessed at the
actual rate of installing these improvements, which is estimated to
be approximately $98,000.
Petitioner represents and warrants that it holds fee title to the Property and that it
is authorized to enter into this Petition, Waiver, and Agreement.
Petitioner specifically waives 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 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.
Petitioner agrees, in consideration of the City installing the Improvements, to
dedicate to City that portion of the Property deemed necessary by City for right-of-way
for the Improvements and to pay the Assessments against the Property for the
Improvements; and expressly waives objection to any irregularity with respect to the
Assessment of the Property for the Improvements, expressly waives any claim that the
amount assessed against the Property for the Improvements is excessive, and expressly
waives 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.
Dated this ?..~_~ day of ~., 1995.
PETITIONER:
Thomas and Sara Hartman
Its:
Its:
PXB 98248
EXHIBIT A
P.I.D. Nos. 75-132-2405, 75-132-2410, 75-131-1425
PXB 98248