HomeMy WebLinkAbout6.c. Receive Petitions/OrderFeasibility Report-132nd Court Street and Utility Improvements, City Project 393AGENDA ITEM: Receive Petitions /Order Feasibility Report
132 Court Street and Utility
Improvements, City Project #393
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, P.E., City Engineer
AGENDA' 11' 6
C
ATTACHMENTS: Resolution; Petition, September 14, 2005
City Council Work Session Agenda Item
APPROVED B
RECOMMENDED ACTION: Motion to Adopt a Resolution Receiving Petition and
Authorizing a Feasibility Report for 132 Court Street and Utility Improvements, City
L Project #393.
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting: October 4, 2005
EXECUTIVE SUMMARY
ISSUE:
Consider petition for street, sanitary sewer and water improvements on 132 Court West.
BACKGROUND:
At the September 14, 2005 Council Work Session, Council discussed a petition that was received on
August 24, 2005 from property owners along 132 Court West The petition, as attached is for street,
sanitary sewer and water improvements along 132" Court West. In addition to the petition, a full copy of
the September 14, 2005 agenda item is attached for background.
One of the questions raised by Council was the legality of the property owners at 2694, 2604 and 2605
132 Court West participating in the petition as it is proposed to extend sanitary sewer and water service
to these properties as part of the County Road 38 Phase I Street and Utility Improvement Project, City
Project #393. Staff has discussed this matter with the City Attorney. The City Attorney advised Staff that
there is no legal reason why these three noted properties can not participate m the petition as the
properties do have frontage on 132 Court West.
As previously discussed. a petition that is signed by 35% or more of the adjacent property owners allows
Council to approve a project with a simple majority vote rather than a super majority vote For the
purpose of calculating the percentage of property owners participating in the petition, State Statute dictates
that the percentage is calculated on a front foot basis, not a per unit basis. In this instance, the total front
footage along 132" Court West, including the properties at 2694, 2604 and 2605 is 1,507 front feet. The
properties participating m the attached petition comprise 752 front feet of the total 1,507 front feet, or
49 9
For comparative purposes only, if the properties at 2694, 2604 and 2605 132n Court West were to be
excluded from the calculations, the total front footage would be reduced to 1,245 front feet. The
participating front footage would be 490 front feet or 39 4
Based on Council direction, Staff is bringing the attached petition forward to be received by Council and
for Council authorization to prepare a feasibility report. At the tune that the feasibility report is complete,
G \ENGPROJ\ 393\ 132ndCourtScwer &WaterCC10 -04-05 doc
a public hearing will be conducted for the affected property owners. It is anticipated that an improvement
project, if ordered, for 132n Court West would be combined with the scheduled improvements to County
Road 38 in 2006.
SUMMARY:
Staff recommends Council adoption of the attached resolution receiving the petition and ordering a
feasibility report for 132 Court West Street and Utility Improvements.
2
A RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FOR
132 COURT STREET AND UTILITY IMPROVEMENTS
CITY PROJECT #393
WHEREAS, the City Council of the City of Rosemount has received a pennon from the property owners who
will benefit from the proposed 132nd Court Street and Utility Improvements.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount as follows:
ATTEST:
(1) A certain petition requesting street and utility improvements to their property, filed with the
Council on October 4, 2005, is hereby declared to be signed by the required percentage of
owners of property affected thereby. This declaration is made in conformity to Minnesota
Statutes, Section 429.035.
(2) The petition is hereby referred to the City Engineer and that person is instructed to report to the
Council with all convement speed advising the Council in a preliminary way as to whether the
proposed improvement is necessary, cost effective, and feasible and as to whether it should best
be made as proposed or m connection with some other improvement, and the estimated cost of
the Improvement as recommended.
ADOPTED tins 4th day of September, 2005.
Linda Jentmk, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2005
William H. Droste, Mayor
Motion by: Seconded by:
Voted in favor:
Voted against:
Date
Signature of
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Print Name
of Owner
Description of
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PETITION FOR LOCAL IMPROVEMENTS
City of ROSEMOUNT Date 5 /S 20 05
State of Minnesota
To the City Council of ROSEMOUNT, Minnesota
WE, THE UNDERSIGNED OWNERS of (all) (not less than thirty -five percent (35
in frontage) of the real property described as:
0„,Lryc,? `.'Co .ac lozawt
hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public
improvements.
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RECENED
AUG 2 4 2005
CITY Ofi CSELIDUtff
G forms \pehhonforlocahmprovements
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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 may be
determined by the City to be a fair and reasonable apportionment of the costs of said
improvement.
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 petition for.
ty Administrator