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HomeMy WebLinkAbout4I - 2002 Improvement Project DISCUSSION: ISSUES: ALTERNATIVES: RECOMMENDED MOTION: CITY COUNCIL AGENDA REPORT APRIL 15, 2002 41 SUE MCDERMOTT, CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION ORDERING THE 2002 IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS. HISTORY On March 18, 2002, Council held a public hearing and approved a resolution ordering 2002 Improvement Project and authorizing preparation of plans and specifications for Pixie Point Circle, Lori Road, Estate Avenue and Green Oaks Trail. Three council members were present at the March 18, 2002 meeting and voted unanimously to approve the resolution. The purpose of this item is to approve the attached resolution as a 4/5ths vote is required in accordance with Minnesota Statutes 429. CURRENT CIRCUMSTANCES Minnesota Statutes 429.031, Subdivision 1. (f), states "The hearing may be adjourned from time to time, and a resolution ordering the improvement may be adopted at any time within six months after the date of the hearing by vote of the council. . ." If an improvement that will be "specially assessed" to the benefited properties is initiated by 35% of the property owners, a majority vote is required to "order the improvement." But if the city initiates the improvement on its own initiative and the city intends to specially assess all or a portion of the improvement, State Statues provide "... the resolution may be adopted only by vote of four-fifths of all members of the council." As there were only three of four members present at the March 18th meeting, the resolution must have four approving votes. There did not appear to be any issues associated with this project and so we have placed this matter on the consent agenda. There are three alternatives for the City Council to consider: 1. Approve a resolution that orders the 2002 Improvements and authorizes City staff to prepare plans and specifications. 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item until some date in the future. A motion and second as part of the consent agenda to adopt a resolution ordering the 2002 Improvements and authorizing City staff to prepare plans and specifications. REVIEWED BY: 12~QPz Eagle Creek Ave. S.E., Prio Lak ,Mi esota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 S5' RESOLUTION O~ RDERING 2002 IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PIXIE POINT CIRCLE, LORI ROAD, ESTATE AVENUE, AND GREEN OAKS TRAIL MOTION BY: jt> SECOND BY: l\1 WHEREAS, the Prior Lake City Council on its own initiative has determined that it desires to complete the 2002 Public Improvement Project; and WHEREAS, on February 19, 2002, the City Council adopted Resolution 02-27 accepting the Feasibility Report and calling for a Public Hearing to be held on the 2002 Improvement Project which includes the reconstruction of Pixie Point Circle, Lori Road, Estate Avenue, and Green Oaks Trail sanitary sewer, water main, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held on the 18th day of March, 2002, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, since the project is initiated by the City council it must be approved by 4/5ths vote in accordance with Minn esota Statutes 429.031 Subdivision 1 (f). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein. 2. The City Engineer is hereby authorized to prepare plans and specifications for the improvements delineated in City Council Resolution 02-27 adopted February 19, 2002 and by the required statutory 4/5ths vote does hereby order the project. 3. The City Engineer is hereby designated as the Engineer for these improvements. The Engineer shall prepare plans and specifications for the making of such improvements. Passed and adopted this 15th day of April, 2002. Haugen Hauqen Gundlach Gundlach Petersen Petersen Zieska Zieska YES NO Frank Boyles City Manager {Seal} ~R~QcR Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ""_.,,-~~~..- ......",.._....--~.-._._.,..",".._.....-.._..>... .- -- .~---'-.,._..,-~--"-_.._.._.__..--,,~--~_.._-_..~..~-,,._,-...._.~_....,_.._.,,_..~-"~._-~..._---._~~,_..._._.."-