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Home My WebLink About6.i. Receive Petition/Order Feasibility Report Geronime Pond Street & Utility Improvements, City Project #280 �; � . CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: February 4, 1997 AGENDA ITEM: Receive Petition/Order Feasibility Report AGENDA SECTION: Geronime Pond Street & Utility Improvements, City Project Consent — �o(,oQ p lJ #280 PREPARED BY: Doug Litterer, Civil Engineer AGENDA NO. / • � (.0 C . ATTACHMENTS: Resolution, Petition APPROVED B� The City has received a petition for public improvements in the proposed Geronime Pond Addition from Tom Bisch of Heritage Development and the owners, the Louis Geronime Trust. They received Preliminary Plat approval at the January 21 st City Council meeting. At this time, Staff is requesting Council to order the Feasibility Report for this Addition. The design of trunk sanitary sewer, watermain and drainage facilities will be an issue in the utility design for this proposed development. WSB will be the consulting engineer used on the project. This project has been designated City Project #280. RECOMMfNDED ACTION: MOTION TO ADOPT A RESOLUTION RECEIVING PETITION AND ORDERING A FEASIBILITY REPORT FOR GERONIME POND STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #280. COUNCIL ACTION; 1 , CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1997 - A RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FOR GERONIMf POND STREET AND UTILITY IMPROVEMENTS CITY PROJECT # 280 WHEREAS, the City Council of the City of Rosemount has received a petition from the developer and property owners of the proposed Geronime Pond Street and Utility Improvements, City Project #280. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount as follows: (1) the aforesaid petition represents 100% of the owners of the affected property; (2) the property owner requests in the petition that the improvements be constructed and that the entire cost for their share less the City's share of the cost of the improvement be assessed against the propertyt �3) the aforesaid petition is approved and placed on file. (4) the City's Consulting Engineer is directed to prepare the necessary Feasibility Report for the Geronime Pond Street and Utility Improvements, City Project #280. ADOPTED this 4th day of February, 1997. Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: �� Voted in favor: Voted against: . EXHIBIT "A" Proj # Z�� CITY OF ROSEMOUNT PETiT10N FOR LOCAL IMPROVEMENTS (100% Petition) To the City Council of Rasemount, Minnesota: We, the undersigned, being the owners of ali the real property legaliy described as follows: �vc.^fio N i�w�s `�� i-�r c.t vb1�R�+► r�..1"t--t�' hereby petition the City Councii to undertake without a pubiic hearing under Mi�nesota Statutes, Section 429.031, the following improvements to such property and agree to pay for all costs for the preparation of the Feasibilitv Re�nrt_for these improvements in the event the improvements are not ordered in: � Sanitary Sewer � Waikways � Watermain � Streets � Storm Sewer � Curb & Gutter � Street Lights Other and to pay the entire assessable costs thereof against our property encompassing or abutting said improvements based on bene�ts received without regard to cash valuation. ��S� atu�e of O_Clwn�r(s)*�� $,�.dt4�� _ �� ,�, �� ' ° � '� 2. ' 3. 4. We also agree to guaranty payment fo� the preparation of plans and specifications for ihe above petitioned improvements in order that the plans and specifications may be prepared simultaneously with the Feasibility Report. For City Use Only � Zl —Q? �`�'To Council:�� Date Rec d: ��` ey: *Property owned in joint tenancy should be signed by each owner. 10188 02io4i97 TUE 15:14 F:1t 6128827600 �1N vaLLEY TRaNSIT [�j008 � 8.3) Special meetings of the Board may be called (a) by the Chair or (b) 6y the Board upon written request of the rnajori�y uf t,l�e Buai-d Menihers. Three (3) days' written notice of special meetings shall be given to the Board Members. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at a s�ecial meetin�. 8.4) Notice of regular meetings of the Board shall be given ta the Board Members hy the Secretary/Treasurer at least seven (7) days in advance and the agenda for such meetings shail accompany the notice. However, business at regular meetinos of tfiP B�ard need not be limited to matters set forth in the agenda. AR.TICLE 9. OFFICERS 9.1} Number, Election, Qualificatians - The officers of the Association shall consist of a Cha.ir, Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual meeting by the Board. The Chair and �I Vice Chair shall hold office unti.l the next annual election of officers and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation, or remavaL The Secretary/Treasurer's term shall commence on January 1 of the following year and end on Decernber 31 of that year. All officers shall be Boaxd Members. New o�ficers shall take office at the adjuursiment of the annual meeting of the Association at which they were elected, ; with the exception of the Secretary/Treasurer who shall take office on � the first day of January of the following year. Not more than one Board Member of a Party shall be elected an officer during the same term. Any officer who ceases to be a Board Member shall at the same I time cease to be an officer. If re-elected, officers may servc for more � than one year. I9.2) Resignation - Any officer of the Association may resign at any time by 'I ; givmg written notice of his/her resignation to the Board, to the Chair, i � or to the Secretary/Treasurer of this Association. The resignation shall take effect at the time, if anY> specified therein or, if no time is �, I specified therein, upon receipt thereof by said Soard Chair, or to the �' , Secretary/'I`reasurer. The acceptance of a resignation shall not be nec�ssazy to make it effective. � ; 9.3) R,emoval - Any officer may be removed, with or without cause, by a i vote of four-fifths (4/5) of the total number of Board Members, at atxy , meeting of the Board, provided that such purpose is stated in the �I notice �r w�i,�er �f n+�`'.r� nf the meeting unless all nf the Board , !1`�am�rs r,E tr�� ..�.�a� _,.�..��. :�a :p . _�.:� :� �:_,..aZ��.';�;. :� ; i ' � I ' il 02iO4�y7 TUE 15:14 F�� 6128b27600 JiN �'�LL.L'i TR�NSIT 1�0U8 8.3) Special meetings of the Board may be called (a? by the Chair or (b) by Lhe Board upon written requesL of the mdjori�y of tlie Board Members. Three (3) days' written notice of special meetings shall be ;iven to the Board Members. Such notice shall include the agenda for the special meeting. Only matters set furth in the agenda shall be considered at a special meetin�. 8.4) Notice of regular meetings of the Board shall be given to the Board Members by the Secretary/Treasurer at least seven (7} days in advance and the agenda for such meetings shail accompany the notice. However, business at regular meetinas of t.hP Board need not be limited to matters set forth in the agenda. AR.TICLE 9. OFFICERS 9.1} Number, Election, Qualifications - The officers of the Assoeiation shall consist of a Chair, Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual meeting by the Board. The Chair and Vice Chair shall hold office until the next annual election of officers and until his/her successor shall have been elected and have qualified ar until hi.s/her earlier disqualification, death, resi�nation, or removal. The Secretary/Treasurer's term shall commence on January 1 of the following year and end on December 31 of that year. All officers shall be Board Members. New ofticers shall take office at the adjocu��unent of the annual meeting of the Association at which they were elected, i with the exception of the Secretary/'I5.'easurer who shall take office on � the first day of January of the following year. Not more than one Board Member of a Party shall be elected an officer during the same term. Any officer who ceases to be a Board Member shall at the same � time cease to be an offieer. If re-elected, officers may serve for more � than one year. I9.2) Resignation - A.ny officer af the Association may resign at any time by i, ; giving written notice of his/her resignation to the Board, to the Chair, �� i or to the SecretarylTreasurer of this Association. The resignation shall take effect at the time, if�nY� specified therein or, if n� time is specified therein, upon receipt thereof by said Board Chair, or to the I ; Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. g.3) R.emaval - Any officer may he removed, with or without cause, by a � vote of four-fifths (4/5) of the total number of Board Memt�ers, at axiy meeting of the Board, provided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Boazd � Members of this Assnciation are present at the meeting. ' � � � � 02.`U�<�7 TUE 15:1� F�1 6128827600 MN VALLEY TRANSIT I�009 9.4) Vacancies - A vacancy in any office because oF disq�ialification, c3Path, resignation, or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. 9.�) Chair; Vice Chair - The Chair shall preside at all meetings of the Association and shall perform all duties incident to the office of Chair anc� such other duties as may be delegated by the Association. The Vice Chair shall act as Chair in the absence of the Chair. 9.6) Secretary/1�'easurer - The Secretary/Treasurer shall be responsible for keeping a record of all of the proceedings of the Association. The Secretaryi'i�easurer shall send written notice and material pertaining to agenda items to each Board Member. He/She shall have custody of the Association's funds, shall pay its l�ills, and keep its financial records, and generally conduct the financial affairs of the Association. The Secretary/Treastzz�er shall be responsible for such other matters as shall be delegated to him/her by the Associatian. Orders, checks, and drafts of the Associataon shall be issued in accordance with the financial practices applicable to the member city from which the Secretaryi'i�easurer is elected. In conducting the Assaciatian's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with general accepted accounting principles. The Secreta.ry/'T�easurer's reports, including any bills or claims to be acted upon by the Association, shall �e distributed to alI Board Members. Any persons may be engaged to perfarm such services under the Secretary/'I�easurer's supervision and direction, when authorized by the Association. 9.7) Other officers - The Association may appoint such other afficers as it deems necessary. AlI such officers shall be Board Members. 9.8} Committees - The Assaciation may appoint such committees as it � deems necessary ar desirable 1.0 accomplish its pwcposes. ARTICLE 10. FINANCIAL MATTERS 10.I) Associatiou funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Legal instruments shall be executed with authority of the Board, hy any two t.2) officers. fi i i i � � � 02/04/97 TUE 15: 15 FA.I" 6128827600 �N VALLEY TR�NSIT f�O10 10.2) The financial contributions of the Parties in support of the Association shall be per capita. Each af the Parties shall pay to the Association an amount as determined by the Board at its a�� OcLaber meeting not to exceed $.20 per capita by 9e�ebe� Januarv 15 �f the subseauent vear g�eae#�-yeaF based upon the most recent Nletropolitan Council population estimates. The financial contrihutions of t1f'filiate Members shall be determined by the Board. These amounts may be used by the Association to pay all legal and consultant costs and expenses and other expenses as approved by the Board. The Board may authorize changes in the per capita charge for all members upon majority vote. 10.3? A proposed budget shall be formulated by the Board and submitted to the Parties on or before August 1 af each calendar year. . „ �_ ,_ _� _� L__ n,..�.. .,i,. » +„ e,,..�,,..,,t,,, i� �. - - -- --- �, ft ► a ��. n + „�• ,..;�� ,� �., ��,,, v,, ,.a ��,,,+ ;t r .7 b �+ti,�r F F�.r ey,��;��;�� Final action adopting a budget rS—.rrcrxcrstrRzi�srvrix o:: for the ensuing calendar year shall be taken by the Board�� at the Octuber organizational meeting each year< 10.4) Any Party may inspect and copy the Association books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. AR.TICLE 11 WITIiDR.AWAL 11.1) Withdrawal - Any Party or Affiliate Member may withdraw from this Agreement effective on �� December 31 of any year by �iving notice pursuant to Section 2 of this Article prior to ae�e�e�r—�-e� t��:�=.'�o , __- Septernber 15. 11_2) NoticP - In order to effectuate a withdrawal, a Party or Affiliate Nlember wi t h d rawing from the Association shall give written notice to the Chair of the Association, served personally oa the Chair or addressed to the Chair at the address shown on the records of the Association, and by giving with such notice, a copy of a resolution of its Council stating its decisiom to withdraw from the Association. The withdrawal shall be effective upon actual receipt by the Chair and each off'icer of such notice and rPsolution. The withdrawing Party shall have the respansibility for such actual receipt by the Chair and each officer. U�on receipt of such notice and resolution, the Chair of the Associati�n shall forward a copy of the notice and resolution to each Board Member. 11.3) Financial Effect of Withdrawal - No financial benefit shali inure to a Paxty or Affiliate Member that withdraws from this Assuciation nar shall there be any reimbursement for any contribuLion made or required of the withdrawn Party by this Agreement. 7 I 02io4i97 TUE 15:16 FAX 6128827600 1iN ��:1LLEY TRaNSIT C�011 ARTICLE 12 Ai1�1ENDMENTS 12.1) Amendments - This Agreement may be amended by a vote of two-thirds (2/3) af the number of Parties at any meeting of the Board, provided that such purpose is stated in the notice af the meeting and the proposed amendment is provided in writing to all Board Members at least seven (7) days in advance of the meeting. AR.TICLE 13. DISSOLUZ`ION I3.1) Duratian of Association - The Association shall be dissolved if less than two (2} Part.ies remain, or by operation of state or federai law �r regulation, now or hereafter enacted, or by mutual signed agreement of all of the Parties. 13.2} Distribution of Assets - Upon dissalution of the Associatian, ali remaining assets af the Associatian, after payment of all obligations, shall be distributed amang the Parties that are Parties ta the Agreement at the time of dissolution, in proportion to their contributi�ns and in accordance with procedures established by the Association. The Assaciation shall continue to exist after dissolution for such period, no longer tha.n six (6) months, as is necessary to wind up its affairs, but for no other purposes IN WITNESS WHEIt�OI', The municipality of has caused the Agreement to be signed on its hehalf this day of , 19 By: sy: �� LMN:Imn:Fi3U2_I.WSf• � � � � � �. � � . . ��I. O `