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CON~ULTINGENGINEER~ <br /> <br />1326 Energy Park Drive <br /> <br />St. Paul, MN 55108 <br /> <br />612-644-4389 <br /> <br />1-800-888-2923 <br /> <br />Fax: 612-644-9446 <br /> <br /> ITE?4 5.10. <br /> <br />May 8, 1996 <br />File: 230-321-00 <br /> <br />Mr. Pat Klaers <br />City Administrator <br />City of Elk River <br />13065 Orono Parkway <br />P.O. Box 490 <br />Elk River, MN 55330 <br /> <br />WESTERN AREA PHASE 3 IMPROVEMENTS <br />DENNIS CHUBA PETITION FOR PUBLIC IMPROVEMENTS <br /> <br />Dear Mr. Klaers: <br /> <br />CiVli ENG',NEERIN -~ <br />'~FaVI,~©Nrv~LN [AL <br />MUNICi?AL <br />~LANNING <br /> <br />SOLID WASTE <br />STRUCTL]RAL <br />SURVEYING <br />TRAFFIC <br />TRANSPORTATION <br /> <br />ELECTRICAL/MECHANICAL <br />ENGiNEERiNG: <br /> <br />HVAC <br /> <br />POWER DiSTRIBUTiON <br /> <br />SCADA <br /> <br />SYSTEM CONIROLS <br /> <br />OFFICES IN: <br /> <br />MINNEAPOLIS <br /> <br />PRIOR LAKE <br /> <br />ST. PAUL <br /> <br />WASECA <br /> <br />The attached petition for local improvements was received last week from Dennis Chuba <br />requesting sewer, water, and streets for the piece of property located west of Waco <br />adjacent to TH 10. According to Minnesota State Statute, Chapter 429, this would not be <br />considered a valid petition because it does not represent 35 % of the affected properties. <br />The Statute actually reads 35 % in frontage of the real property abutting on streets named <br />in the petition. In practice, I believe the City's attorney has interpreted that to mean 35 % <br />of the affected area when the proposed assessment will be by area. I have attached a copy <br />of the section of the Statute which discusses this. <br /> <br />There are essentially two courses of action the City Council could take. They could elect <br />to proceed with this project and have it a City-initiated project which would require a 4/5 <br />vote of the City Council, or they could suggest to Mr. Chuba that he get others to join in <br />his petition until he has reached at least the 35 % level and then resubmit. <br /> <br />We have discussed this issue at a staff level and believe now is the appropriate time to look <br />at the remainder of the Western Area. Therefore, we would recommend proceeding with <br />a feasibility study. Attached is a resolution which will order the feasibility as a City <br />Council initiated project. <br /> <br />If you have any questions, I will be in attendance at your May 13, 1996, City Council <br />meeting. <br /> <br />Sincerely, <br /> <br />MSA, CONSULTING ENGINEERS <br /> <br />Terry J.4V[aurer, P.E. <br /> <br />TJM:tw <br />Attachment <br />321-0608.may <br /> <br />An Equal Opportunity Employer <br /> <br /> <br />