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5.10. SR 05-13-1996CON~ULTINGENGINEER~ 1326 Energy Park Drive St. Paul, MN 55108 612-644-4389 1-800-888-2923 Fax: 612-644-9446 ITE?4 5.10. May 8, 1996 File: 230-321-00 Mr. Pat Klaers City Administrator City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 WESTERN AREA PHASE 3 IMPROVEMENTS DENNIS CHUBA PETITION FOR PUBLIC IMPROVEMENTS Dear Mr. Klaers: CiVli ENG',NEERIN -~ '~FaVI,~©Nrv~LN [AL MUNICi?AL ~LANNING SOLID WASTE STRUCTL]RAL SURVEYING TRAFFIC TRANSPORTATION ELECTRICAL/MECHANICAL ENGiNEERiNG: HVAC POWER DiSTRIBUTiON SCADA SYSTEM CONIROLS OFFICES IN: MINNEAPOLIS PRIOR LAKE ST. PAUL WASECA The attached petition for local improvements was received last week from Dennis Chuba requesting sewer, water, and streets for the piece of property located west of Waco adjacent to TH 10. According to Minnesota State Statute, Chapter 429, this would not be considered a valid petition because it does not represent 35 % of the affected properties. The Statute actually reads 35 % in frontage of the real property abutting on streets named in the petition. In practice, I believe the City's attorney has interpreted that to mean 35 % of the affected area when the proposed assessment will be by area. I have attached a copy of the section of the Statute which discusses this. There are essentially two courses of action the City Council could take. They could elect to proceed with this project and have it a City-initiated project which would require a 4/5 vote of the City Council, or they could suggest to Mr. Chuba that he get others to join in his petition until he has reached at least the 35 % level and then resubmit. We have discussed this issue at a staff level and believe now is the appropriate time to look at the remainder of the Western Area. Therefore, we would recommend proceeding with a feasibility study. Attached is a resolution which will order the feasibility as a City Council initiated project. If you have any questions, I will be in attendance at your May 13, 1996, City Council meeting. Sincerely, MSA, CONSULTING ENGINEERS Terry J.4V[aurer, P.E. TJM:tw Attachment 321-0608.may An Equal Opportunity Employer RESOLUTION 96- 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 WESTERN AREA PHASE 3 IMPROVEMENT OF 1996 WHEREAS the City has determined that it should consider improving certain property by providing trunk sanitary sewer, water, and appurtenances (the improvement); and 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 MSA, Consulting Engineers, 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 13th day of May, 1996. ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk 230/321-0608. may PETITION FOR LOCAL IMPROVEHENT State of Minnesota To the City Council of Elk River, Minnesota: WE, THE UNDERSIGNED OWNERS of (all) (not less than 35 percent in frontage) of the real property described as: ,~<~j ,/z/ off /~ ;/4 hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as ma~ be determined by the City to be a fair and reasonable apportionment of the costs of said improvement. Si~a. ture Print Name Date of TO~ner ~ /} of Owner Description of .... Property Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property affected by the making of the'improvement petitioned for. City Clerk GEK:AJ4s EXHIBIT A That part of the Southwest Quarter of the Northwest Quarter, Section 31, Township 33, Range 26, Sherburne County, Minnesota described as lying so~.~th of the South line of the right-of-way of U. S. Highways No. 10 and 52, and lying east of a line described as: Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter thence east along the South line thereof a distance of 643 feet to the actual point of beginning of the line to be hereby described; thence north at right angles to intersect with and terminate at said southerly line of the right-of-way of U.S. Highways No. 10 and 52. · Together with an easement for driveway purposes in common with others over and across a strip of land 66 feet in width, the Northeasterly line of which is described as follows: Commencing at a point on the Southwesterly right-of-way line of U.S. Highways No. 10 and 52 where the same intersects the West line of the Southwest Quarter of the Northwest Quarter of Section 31, Township 33, Range 26, Sherburne County, Minnesota; thence Southeasterly along said right-of-way line a distance of 424.25 feet to the actual point of beginning of the line to be hereby described; thence continue Southeasterly along said right-of-way line to intersect with and terminate at a line drawn parallel with the West line of said Southwest Quarter of the Northwest Quarter through a point on the South line thereof a distance of 643 feet East of the Southwest corner of said Southwest Quarter of the Northwest Quarter. IMPROVEMENTg m.*ss COMM. [ PROPER'r~ ~DENTIFICATION NO. ] TAXOp~R: SHAY, TIMOTHY D KINCANON, R & CHUBA0 D 317 MAIN ST ELK RIVER, MN 55330 COMM. 14. Your Iotal property tax and special assessments ....................................... 1,922.00 1 , 910.00 Paythicem°unln°~atarthan MAY 15, 1996 955.00 YOU MAY BE ELIGIBLE FOR ONE OR EVEN TWO RiCOh'NbS TO ~E~D~JCE JY~U~ ~ROPERTY TAX. READ THE BACK OF THIS STATEMENT TO FIND OUT HOW'~i'~A~PL~.U Make your check payable to: SHERBURNE COUNTY KAREN A. HERTEL TREASURER Cash , 13880 HWY l0 ELK RIVER, MN 55330 Check Courtier Mall Property I.D. Number: 75- .!. 31 - 2301 Property Class(es): COMM. NameofTaxpayer(s): TAXPAYER # 36700 KINCANON, R & CHUBA, D ELK RIVER, MN 55330 Pro~l.D. Num~ 75-131-2301 KAREN A. HERTEL TREASURER ""'~Y°"~'*~'~"w~'T""um°"'~"""'~"~w'°'~'P"~'w~Y~') ELK RIVER CITY SECT-31 TWP-033 RANG-26 ER556B THAT PT OF SW 1-4 OF NW 1-4 DES AS BEG AT A PT 643 FT E OF ACRES: TAXPAYER # 36700 KINCANON, R & CHUBA, D F.O. OW~ER # 17099 %HAY, TTMOT' ¥ O 3.0 Propen'y Class(es): New I~t~ ESL Market Value: Deferred Mid. Tax. Mid. Value: 1. Use this amount on Form M-1PR to See If you're eleigible thr e relund ....................... File by Augus115. If box is checked, you owe delinquent taxes and are not eligible. 2. Use this arnounl lot the $~ectsl proper~y tax i'elund on schedule 1 Of Form M- 1 PR ............. Your Property Tax end How It la Reduced By The State: 3. Your property tax before reduction by State paid aids a~3d credits .......................... 4. Aid paid by Slate of Minnesota Io reduce your property tax .............................. 5. A. Homestead end Agricultural Credit Paid by the State of Minnesota Io Reduce Your Tax .... C. 6. Your property tax after reduction by stale paid aids and credits ........................... Where Your Property Tax Dollare Go: 7. County ........................................................................ 8. City or Town ...................................................................... 6. School district '7 '-, O A. Excess levy mtarei~o~a i~x ..................................................... B, Remaining ~ lax ......................................................... 10. A. Special taxing dial ricta ......................................................... S. 11. Non ~hool voter approved referenda levies .......................................... 12. Total property tax betore sl:~-Jal assessments ........................................ 13. Spec. iai assessments added to this property tax bill: A. R. C. COMM. STMT. #19467 YOUR TOTAL TAX: i , 910..) 0 DUE ON OR BEFORE OCT. 1~, 1996 9~.flF) ~FOR OFFICE USE ONL'Y~?.~'~;='L%W,~m',' ~ I REAL ESTATE SHERBURNE COUNTY Ma~ your ch~k pa~bte to: KAREN A. HERTEL TREASURER 13880 H~Y 10 ELK RIVER, MN 55330 Property I.D. Number: 75 - I 3 I - 2301 Properly Class(es): COMM. Nameo~T~payer(s): TAXPAYER # 36700 KINCANON, R & CHUBA, D ELK RIVER, MN 55330 IF NAME AND/OR ADDRESS AS SHOWN ARE NOT CORRECT, CHECK BOX AND MAKE CORRECTION ON THE BACK OF STUB. YOUR CANCELLED CHECK IS YOUR RECEIPT Mail STMT.#19467 YOUR TOTAL TAX: I, 910.00 DUE ON OR BEFORE MAY 15, 1996 955.0( FOR OFF CE USE ONLY :. ~,~ J. '; ' .- ' SHER BUR_NE ~"~'~'?: '~ ~ COUNTY,~v:.I ..... . PLEASE READ BACK OF FORM ' = ' T~l~i ' "; 4 ~;',;* L:~ i., >; FOR PENAL~ INFORMATION. YOUR CANCELLEC CHECK IS YOUR RECEIPT 60,500 4,691.00 2,769.00 1,922.00 406.07 434.69 30.86 1,025.02 25.36 1,922.00 STMT# 19467 COMM. 60,500 4,337.00 2,427 00 1,910 30 427 80 436 14 31 98 989 40 24 68 1,910.00 ESTM~ 60,500 60,500 TAXAm. E ~'T 60,500 60,500 RENTAL TAX UNE 1 ~7 UNE 2 UNE6 I, 922.00 1,9~t._Q,. O0 IF THIS BOX IS CHECKED YOU OWE CEUNOUENT TAX SHERBURNE COUNTY, MINNESOTA REAL ESTATE TAXES PAYABLE IN 1996 9193 LOCAL IMPBOVEMENT$, SPECLAL ASSESSMENTS 429.031 for this purpose. However, as to properties which are tax exempt or subject to taxation on a gross earnings basis and are not listed on the records of the county auditor or the county treasurer, the owners thereof shall be ascertained by any practicable means and mailed notice shaH be given them as herein provided. Prior to the adoption of such res- olution, the council shall secure from the city engineer or some competent person of its selection a report advising it in a preliminary way as to whether the Proposed improvement is feasible and as to whether it should best be made as proposed or in con- nection with some other improvement and the estimated cost of the improvement as recommended; but no error or omission in such report shah invalidate the proceeding unless it materially prejudices the interests of an owner. The council may also take such other steps prior to the hearing, including, among other things, the preparation of plans and specifications and the advertisement for bids thereon, as will in its judgtnent pro- vide helpful information in determining the desirability and feasibility of the improve- - ~, ..... ~,~y -mc w~mm s~x monms aner the date of the hear lng by vote ora majority ofall members ofthe council when the improvement has been' petitioned for by the owners of not less than 35 percent in frontage Of the real property abutting on the streets named in the petition as the location of the improvement, when there has been no such petition, the resolution may be adopted only by vote of four= fifths of all members of the council; provided that if the mayor of the municipality is a member of the council but has no vote or votes only in case ora tie, the mayor shah not be deemed to be a member for the purpose of determining such four-~'~ths majority vote. The resolution ordering the improvement may reduce, but not increase the extent of the improvement as stated in the notice of hearin& ' Subd. '2. Approval by park boxrd or utilities commission. A resolUti6n Ordering a park improvement may be adopted only by a four-fifths vote of the council and shah ~ be approved by the park board, if there is one; provided, that if the mayor of the municipality is a member of the council but has no vote or votes only in case of a tie, the mayor shah not be deemed to be a member for the purpose of determining such four-fifths majority vote. A resolution ordering an improvement of the water, sewer, steam heating, street lighting or other facility over which a utilities commission has jurisdi,~tion shah also be approved by the utilities commission. . upon any street named as the location of any improvement shall petition the council to construct the improvement and to assess the entire cost against their property, the council may, without a public hearing, adopt a resolution determining such fact and ordering the improvement. The validity of the resolution shah not be questioned by any taxpayer or property owner or the municipality unless an action for that purpose is commenced within 30 days after adoption of the resolution as provided in section 429. 036. Nothing herein prevents any property owner from questioning the amount or validity of thc special assessment against the owner's property pursuant to section 429. 081. In the case ora petition for the installation of a fire protection or a pedestrian sky- way system, the petition must contain or be accompanied by an undertaking satisfac- tory to .the city by the petitioner that the petitioner will grant the municipality the necessary property interest in the building to permit the city to enter upon the property and the building to construct, maintain, and operate the fire protection or pedestrian skyway system. In the case of a petition for the installation ora fire protection or pedes- trian skyway system which will be privately owned, the petition shah also contain the plans and specifications for the improvement, the estimated cost of the improvement and a statement indicating whether the city or the owner will contract for the construc- tion of the improvement., If the owner is contracting for the construction of the improvement, the city shah not approve the petition until it has reviewed and approved the plans, specifications, and cost estimates contained in the petition. The construction cost financed under section 429.091 shah not exceed the amount of the cost estimate 'ontained in the petition. In the case ora petition for the installation ora fire protection 'a pedestrian skyway system, the petitioner may request abandonment of the improvement at any time after it has been ordered pursuant to subdivision 1 and before