HomeMy WebLinkAbout6 - Ash Circle Feasibility Study
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
CENSUS '90
.
6
BRUCE LONEY, ASSISTANT CITY ENGINEER
CONSIDER PETITION FROM ASH CIRCLE RESIDENTS
FOR FEASIBILITY STUDY - RESOLUTION 90-01
JANUARY 16, 1990
A petition has been received by the City from
residents on Ash Circle in the North Shore
Oaks area for a Feasibility Report to be
prepared on the installation of sanitary
sewer, watermain, storm sewer, and bituminous
surfacing improvements. The purpose of this
Agenda item is for the Council to review this
request and determine whether to order the
preparation of a Feasibility Report for this
improvement.
On October 16, 1989, a petition signed by six
residents representing six lots on Ash Circle
was presented to the Council for the
improvements as mentioned above. These
properties included on the petition are owner
occupied with husband and wife ownership.
This first petition did not have husband and
wife signatures as needed for a valid petition
to initiate Minnesota Statutes, Chapter 429,
Local Improvements Special Assessment
proceedings. The Council elected to forward
the ~etition back to the residents for
techn1cal corrections such as husband and wife
signatures and requested that a new petition
be signed.
A new petition has been signed and is enclosed
in the Agenda packet. This petition does have
husband and wife signatures representing six
lots requesting a Feasibility Report be
prepared for improvements on Ash Circle. The
assessable frontage of those six lots is
estimated to be 651 feet versus the total
frontage of the affected sixteen lots having
an est1mated assessable frontage of 1,724 feet
or 38% of frontage. For the 429 assessment
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
DISCUSSION:
proceedings to be initiated by a petition, the
petition must be valid and have over 35% in
frontage signing the petition.
If the Council relies on the petition to
initiate the Chapter 429 proceedings for
improvement projects and if a valid petition
exists, the Council needs only a simple
majority to ap~rove further ~roceedin9s. If
the Council in1tiates proceed1ngs on 1ts own
without a petition, an extraordinary majority
or four-fifths of the Council is needed to
approve future proceedings with this project.
staff has reviewed the petition and feels an
adequate petition has been received.
Resolution #90-11 is enclosed which is for
declaring the adequacy of ~etition and
ordering preparation of a Feasib1lity Report.
This resolution form is used when the
proceedings are commenced by petition. The
resolution should be published since the time
for ap~eal from the Council's determination of
suffic1ency of the petition does not commence
until the publication is made. Any person
aggrieved by the determination may appeal
within 30 days after adoption and publication
of the resolution. (M.S. 429.036). The notice
of appeal is to be served to the City Manager
who than notifies the district court of Scott
County. The appeal shall be placed upon the
calendar of the next general term commencing
more than 30 days after the date of serving
the notice and the filing of a $250 bond.
Unless reversed upon the a~peal, the Council's
determination that the pet1tion is sufficient
is final and conclusive.
Another issue with this proposed improvement
is on the payment of the sewer and water lines
through the North Shore Oaks Park. At the
October 16, 1989 Council Meeting, Council
concurred that the residents be advised that
the park costs would be calculated as per
policy and that this park would be considered
a neighborhood park. Neighborhood parks do
not participate in the assessment process
unless its area is greater than 25% of the
aggregate project area. The proposed eight
inch sanitary sewer line will ultimately serve
the 1st and 2nd Additions to North Shore Oaks,
namely being 140th street and Hampton street
residents as well as Ash Circle residents and
part of the undeveloped parcels west of
RECOMMENDATIONS:
ALTERNATIVES:
ACTION REQUIRED:
Ferndale Avenue and north of CSAH 42. It is
staff's opinion that the aggregate project
area would be the area ultimately served by
the 8" sewer line through the park. The park
area would be less than 25% of the total
aggregate area, thus the park land is not
assessable. Staff has sized the service area
based on the pipe's capacity and topography of
the nearby land. A proration of costs for the
lines going through the park according to the
size of each area which could ultimately be
served by the 8" sanitary sewer line can be
done and would be included in a Feasibility
Report. The improvements through the City's
park is estimated to be $35,500.00.
An official Feasibility Report could be
pre~ared shortly as Staff has done the cost
est1mate work for this area. Staff recommends
that a Feasibility Report be prepared and
presented to Council at a future meeting.
Prior to this meeting, an informational
meeting could be conducted with the property
owners affected by this project to provide
them with the Feasibility Report information.
These owners could then attend the future
Council meeting and voice their concerns
either for or against the project. Since this
project is being initiated by residents, their
input would be helpful.
The alternatives are as follows:
1. Approve Resolution #90-01 declaring
adequacy of petition and ordering
preparation of the Feasibility Report for
Project #89-12, ASH CIRCLE IMPROVEMENTS.
2. Table this item for a specific reason.
3. Deny approval of Resolution #90-01.
Make a motion approving Resolution 90-01.
Prior Lake,
PETITION FOR LOCAL IMPROVEMENT
Minnesota f)t-tW~J ,;? ,,f , 19XJ
To the City Council of Prior Lake, Minnesota:
We, the undersigned, owners of not less than 35 percent of
frontage of the real property abutting Ash Circle-from Ferndale
Avenue to Ferndale Avenue, within the plat of the 3rd Addition to
North Shore Oaks, hereby petition the. City of Prior Lake to
prepare a Feasibility study for such street to be improved by the
construction of water main, sanitary sewer, storm sewer, concrete
curb and gutter, bituminous surfacing, and appurtenant work
pursuant to Minnesota statutes, Chapter 429.
SIGNATURE OF
OWNER
DESCRIPTION OF
PROPERTY
PHONE
NUMBER
r..-r'" ~
. '-"c
4.5' -5"'a9c1
'1L/~'-r'-1o
Examined, checked, and found to be in proper form
signed by the required number of owners of property
the making of the improvement petitioned fo .
~
and to be
affected by
'.:1'
-~:G~ \ \ '~ C0'1"~'1 -'., ,::.'---~- -:' 42'
~--- --,' " . -~ ~.~;e,:~~ II? 'R__",_ ~
, I~ J,,7-. ~ '" - -""'-
."1 -;-' ;::-', .:i.'.__ ' IT ~f II ~ _.~:I
~FIRvrD;N1'O " i ~c?i "" ~ 0 c::J :e';
~THSH?R~\ o~ J! "Y N' I" :""~ ':;~
~(~"0S;,C;: 6:=ri
~ ." "--- ) \ ;:: ~ I' ..~ -1.... j'~ 1-"";
ft -, v"--:" I:fAMPl'ON--&-l'ReE-~ -, ~.:.c:, -,
I I C;; '"~' G -----" 2J; :~ ~
n / "~\
- ~A' ~ W\I 1<. ~ ii"
..-~ ,x \ ~ x.) , r-.. .....
Frontage Signed - 651 Feet~. )( v _' ~ ,;QI.-"'} ~"~__
~-~-,~~ ~' \., .- 'r '--
" '. '/?:) . -'\\ f-~ - -=- ~ ~ ~:::-.:.,~
LCo, , ~":'--:- ::.V f' '
.)~: ,-: ~,:,:.o:;' 1: '_.
~~, ~'~ ~iI~' /... ~~~- TK-:"
:c~~ ~ ' ,,\-:.'~
Qt) ~ ~,'"~:.:,, ---~-:- + r-~~:: ~.:
- ~ / /'>':' //',' ,or':" 1 ,.... :---,
II.. ,//,~ ' . ...-' \ .
,~;~2 '/ . // .. ",-- - l'
/ ~..! "--
~IRoADD'NI~O;:' ~i;:: " "//f!;:~'~~?0~~~~"l/~V
. -_. - '--;~ . ~-_/" / " If. (((~ ~~ :"h';
NORTH SHOR~.. '/~~ =-~"~~~" ,',~ . . I' Y
.- :=-::37: '~f~. :,/ w"; i>r~~;'
";:" ',/>~ ~ '. ";> ~G/'~-~~:' ,~ '/'" dt\,.~ ..1.\ ~,
I /,/'" . '/j I... I/~""'-;;:'~ \V~ .... ,',',
/'?-~""/ " . "j ", '.,1/' /.' ,,',. \'\\'
/~ " .' ..%,.~.;.>. -./ :.-~. ':<\~
' ", ~: -: '-' ~",-" ~. ," (C' -,. ,,~::/,,~,\,
.." ., .. r:4.1"1..1'-)" .
/ ' ,. ," :i$C t:': '
.- ~~. -- ~~ -'7-..~ - ~'~~~~I \"U" '-I :'/ /
'''-.~ ,~~:- ...i2:.:;:: ~-' \.... ~~. '. , (' 'i~,
---=-....; -~"- >'.'~k I..
.:.. -,., ~:::;::::--=-==-= :::,...--...-:... -:::"":.:.::::. 4..: h.....
". '.~- -- '--. --- - -.'
~... ;-:"-",, /--:. .. -' . - ". - . ~ ---." . -- % .... .
.-:,,".:...::.=::=---- .. -,..'., -".- L .......... en - ~1 ~
~-- . - ~-.- ----=....... .. r--... _ ~ _.,- ....... ...
-:::;{.C-' ..- ~"~E: ::.-::' . -'-\r-i.:>:. \"~ ./~,.J
....:-~-' . ~ -- )~,'; -=.:. ~,", ~ Ao~o/7'~~-::--~'I':-
.......- .1:," -~;Z? ( '7 C~~I\\~GE , I I~ ' ,
~e 3 ~/--- - , -" ,/: ~ ,..-. _' I ~_' '.:\ ~ ~, / j 1'1; :
~ I .", I,"
~ J ' (' ......~.. - ' ..... "j ;'. I . t . '
./"~"""_/ .- ~,.,'/' " /",....- ~/ 1.~~,!;\ .........,., , //
- ,:::;::~-:-. ~/-//;- n, \ "-----_...PJ/,'"
.. ...~~' (',' y; '--"~.':~.J
SIGNED PETITION ~
Total Assessable Frontage for
North Shore Oaks Third Addition-1724 Feet
QQL - 3801
1724' - 10
\.'
"
;'
,
RESOLUTION 90-01
RESOLUTION DECLARING ADEQUACY OF PETITION
PREPARATION OF REPORT
AND
ORDERING
MOTIONED BY
SECONDED BY
BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA; that
1. A certain petition requesting the improvement of Ash Circle
between Ferndale Avenue to Ferndale Avenue, within the plat
of the 3rd Addition to North Shore Oaks by the construction
of watermain, sanitary sewer, storm sewer, concrete curb and
gutter, bituminous surfacing, and appurtenant work, filed
with the Council on January 16, 1990, 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 he
is instructed to report to the Council with all convenient
speed.advising the Council in a preliminary way as to whether
the proposed improvement is feasible and as to whether it
should best be made as proposed or in connection with some
other improvement, and the estimated cost of the improvement
as recommended.
Passed and adopted this
th day of
, 1990.
YES
NO
Andren
Fitzgerald
Larson
Scott
White
Andren
Fitzgerald
Larson
Scott
White
David J. Unmacht
City Manager
City of Prior Lake
{Seal}
4629 Dakota St. SE. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 I Fax (612) 447-4245
.29.031 LOCAL IMPROVEMENTS. SPECIAL ASSESSMENTS
8456
amount of the cost estimate contained in the petition. In the case of a petition for the
installation of a fire protection or a pedestrian skyway system, the petitioner may
request abandonment of the improvement at any time after it has been ordered
pursuant to subdivision I and before contracts have been awarded for the construction
of the improvement under section 429.041. subdivision 2. If such a request is received,
the city council shall abandon the proceedings but in such case the petitioner shall
reimburse the city for any and all expenses incurred by the city in connection with the
improvement.
History: 1953 c 39853; 1955 c 8 J/ 5 I; 1957 c 4305 1; 1961 c 525 5 1.2; 1963 c 771
51; 1965 c 877 52; 1967 c 575 1.2; 1973 c 123 art 5 5 7; 1984 c 54855; 1984 c 5825
4; 1984 c 591 5 3; 1984 c 633 s 3; 1986 c 444
429.035 IMPROVEMENTS, PETITION.
When any petition for the making of any improvement in any statutory city. town,
or city of the second. third. or fourth class. however organized. for the cost of which
special assessments may be. in whole or in part, levied therefor, is presented to the
governing body of the municipality, this body shall, by resolution. determine whether
or not the petition has been signed by the required percentage of owners of property
affected thereby.
History: (1918-33) 1927 c 311 5 1; 1953 c 398 5 12; 1961 c 338 52; 1973 c 123 art
557
~
I
'1
,
.,
lt19.036 APPULfROM DETERMINATION OF LEGALITY OF PETmON.
Any person. being aggrieved by this determination. may appeal to the district court
of the county in which the property is located by serving upon the clerk of the
municipality. within 30 days after the adoption and publication of the resolution. a
notice of appeal briefly stating the grounds of appeal and giving a bond in the penal sum
of $250. in which the municipality shall be named as obligee. to be approved by the
clerk of the municipality, conditioned that the appellant will duly prosecute the appeal,
pay all costs and disbursements which may be adjudged against the appellant. and abide
by the order of the court. The clerk shall furnish the appellant a certified copy of the
petition, or any part thereof. on being paid by appellant of the proper charges therefor.
The appeal shall be placed upon the calendar of the next general term commencing
more than 30 days after the date of serving the notice and filing the bond and shall be
tried as are other appeals in such cases. Unless reversed upon the appeal, the determi-
nation of the governing body as to the sufficiency of the petition shall be final and
conclusive.
History: (1918-34) 1927 c 311 5 2; 1986 c 444
429.04 [Repealed. 1953 c 398 s 13]
429.041 COUNCIL PROCEDURE.
Subdivision 1. Plans and specifications, advertisement for bids. When the council
determines to make any improvement, it shall let the contract for all or part of the work,
or order all or part of the work done by day labor or otherwise as authorized by
subdivision 2, no later than one year after the adoption of the resolution ordering such!,
improvement. unless a different time limit is specifically stated in the resolution
ordering the improvement. The council shall cause plans and specifications of the
improvement to be made. or if previously made, to be modified. if necessary, and to
be approved and filed with the clerk, and if the estimated cost exceeds $5.000, shall
advertise for bids for the improvement in the newspaper and such other papers and for
such length of time as it may deem advisable. If the estimated cost exceeds $100,000,
publication shall be made no less than three weeks before the last day for submission
of bids once in the newspaper and at least once in either a newspaper published in a
city of the first class or a trade paper. To be eligible as such a trade paper, a publication
shall have all the qualifications of a legal newspaper except that instead of the require-
i
\
J