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500IDS CENTER <br />80 SOUTH EIGHTH STREET <br />MINNEAPOLIS, MN 55402- <br />3796 <br /> <br />612 632-3000 <br />F^X: 612 632-4444 <br />www.gpmlaw.com <br /> <br />INCLUDING THE LAW FIRM HALL & BYERS, P.A. <br />1010 WEST ST. GERMAIN STREET, SUITE 600 <br />ST. CLOUD, MN 56301 <br /> <br />320 252-4414 <br />F^X: 320 252-4482 <br />www.gpmlaw.com <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />Mayor Stephanie Klinzing and <br />Members of the City Council <br /> <br />FROM: Peter K. Beck, City Attorney <br /> <br />Application of Minnesota Statutes, § 15.99 to be Petitioned Requesting <br />Sewer and Water Services in the Area East of Cleveland Street <br /> <br />DATE: March 4, 2004 <br /> <br /> The Planning Director has asked that I advise the City Council regarding the <br />applicability of the 60 day statute (of Minnesota Statutes, § 15.99) to the February 10, <br />2004 Petition Requesting Sewer and Water Services in the Area East of Cleveland Street. <br /> <br /> Minnesota Statutes § 15.99, Subd. 1 (c) provides, in part, that "a request must be <br />submitted in writing to the Agency on an application form provided by the Agency, if one <br />exists...no request shall be deemed made if not in compliance with this paragraph." It is <br />my understanding that the Petition received did not include the City's application form <br />for a land use amendment expanding the City's Urban Services District. Therefore, I do <br />not believe that the Petition received requires action within sixty days. <br /> <br /> To be safe, the City Council could adopt a resolution denying the Petition and <br />directing staff to provide the Petitioners with the correct petition and land use application <br />forms so that a proper request can be made for submission to and action by the City <br />Council. <br /> <br /> <br />