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<br /> <br />_ <br /> <br />1~6 Energy Parii Drive <br />8t Paul, H~ 5.5108-52112 <br />Gl2-644-4389 <br />_Fa.t 612-644-9446 <br /> <br />mI SOOIard Pariill'ay, Sfp, 102 <br />llinoeapolis, HN 55441-6451 <br />612-546-0432 <br />Fax: 612-544-&.398 <br /> <br />ITEM 4.7. <br /> <br />October 21, 1993 <br />File: 230-190-20 <br /> <br />Mr. Pat Klaers <br />City Administrator <br />City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br /> <br />RE: Hillside Estates Lateral Sanitary Sewer <br /> <br />Dear Mr. Klaers: <br /> <br />As you requested, this correspondence is intended to give you my thoughts relative to the <br />issue of a letter of credit for the sanitary sewer extension that Mr. Rick Foster has requested <br />to be included with the trunk water main extension to the new elevated tower. <br /> <br />As you are aware, Mr. Foster believes that it should not be necessary for him to provide a <br />letter of credit to cover the cost of the sanitary sewer extensions. In his argument against <br />providing a letter of credit, he has cited improvements such as the Western Area <br />improvement project and the Meadowvale Heights Trunk improvement project. Both of these <br />projects, I believe, are substantially different than the current improvement Mr. Foster is <br />requesting. Both of these projects included trunk sanitary sewer extensions which served <br />several properties. In the case of the Western Area improvement, there was no petition from <br />affected property owners. It was initiated by the City Council. In the case of the <br />Meadowvale Heights improvement, the project was initiated by the development of <br />Meadowvale Heights 1st Addition. The developer for that project petitioned for trunk <br />improvements; however, the actual extension was based on City Council initiation due to the <br />other properties involved in the assessment. In the case of Mr. Foster's request for sanitary <br />sewer improvements, these are not trunk facilities but rather lateral lines intended to serve <br />future additions of his Hillside Estates project. <br /> <br />Given that the improvements in question are lateral rather than trunk, it has always been the <br />City I s policy that developers are required to place a letter of credit to cover these types of <br />improvements. I believe that if no letter of credit is required to cover these proposed lateral <br />sanitary sewer extensions, this would signify a change in the City's overall policy relative to <br />developers providing security on internal improvements to their projects. I would suggest <br />that if no letter of credit is going to be required on this project, that staff prepare <br />recommendations for City Council consideration relative to the need for letters of credit from <br />developers such that all developers are treated equitably on this issue. <br />