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ITEM 5.2 Jalger Ave Feasibility Report1TY OF ot Cqgo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT- R EQUESTOR: MEETING DATE: Public Works City Planner Licht 13 May 2013 PRESENTER(s): REVIEWED BY: ITEM M City Planner Licht City Administrator Johnson 5.2 — Jalger Avenue Petition -City Engineer Wagner AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends accepting a petition and ordering preparation of a feasibility report fora public improvement project to pave Jalger Avenue and 100th Street north of 95th Street (C AH 39). ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? No. No. BACKGROUND/JUSTIFICATION: Petition. The City has received a petition signed by five property owners (of six parcels) abutting Jalger Avenue and 100th Street requesting preparation of a feasibility study. The feasibility study will determine the cost to improve these gravel streets with a paved surface. Correspondence submitted with the petition indicates that two additional property owners that did not sign the petition were contacted by the other property owners and are interested in preparation of the feasibility study. Section 6-4-3.A of the City Code allows for initiation of public improvement projects such as paving of existing streets to be petitioned for by benefitted property owners. Benefitted Properties. There are seven single family dwellings within the City that utilize Jalger Avenue and 100th Street for access. An additional single family dwelling (NAME) located in Monticello Township requires use of the City street for access. City staff recommends that a means to assign a proportional share of the project cost to this property be established by an agreement with Monticello Township. An eighth property (Hamlet) within the City abuts Jalger Avenue but the single family dwelling accesses directly to 95th Street (CSAR 39). However, because this property may be potentially subdivided based on the Comprehensive Plan and Zoning Ordinance, itis recommended to be included in the potential project area. City staff recommends excluding a single family property at the northwest corner of Jalger Avenue and 95th Street (CSAH 39) from the potential project as the primary access is to 951" Street (CSAH 39) and the lot is not subdividable under the Comprehensive Plan and Zoning Ordinance. As the petition includes signatures of more than 35 percent of the benefited properties the petition is valid and may be accepted by resolution of the City Council by majority vote. Cost Responsibility. Jalger Avenue and 1001h Street are designated by the Comprehensive Plan as local streets and there are no regional or extra -ordinary improvements that would be made as part of the project that would be defined as benefiting properties beyond those identified above. As such, Section 03.03.06.A.3 of the City's Public Improvement Assessment Policy establishes that 100 percent of the cost of the project (including preparation of the feasibility report) be assessed to the benefitted properties under Minnesota Statute 429. The amount of the assessment and assessment term would be considered as part of the assessment process based on the feasibility report and City policy. Feasibility Report, If the City Council is to accept the petition and consider the public improvement project, a feasibility report to evaluate if the proposed improvement is necessary, cost effective and feasible must be ordered. The feasibility report will establish a preliminary scope of work and design specifications for the improvement project, an estimate for the proposed improvements and an estimate of the individual assessments to benefitted properties. The City Engineer has made a preliminary evaluation of the project for consideration in conjunction with the petition. The project would involve paving the existing gravel surface and minimal improvements to the ditches of the rural section street. Consideration may also be given to vacation of the easterly cul- de-sac on 100th Street as this section is not needed for a future through street and would eliminate existing encroachment issues as well as reducing the project cost. The City Engineer's preliminary estimate is that the individual assessments for the project would be between $10,000 and $12,,000 per benefited property owner. The City Engineer will complete the feasibility report for a cost of $3,000.00. Section 6-4-3.8.1 of the City Code allows the City to require that the petitioners provide an agreement and/or escrow for pay for preparation of the feasibility report (whether the project goes forward or not). City staff has drafted the resolution to accept the feasibility report on the condition that the petitioners agree to pay the costs for the feasibility report that would be incorporated as part of the overall project cost and assessed if the public improvement project is ordered. SUPPORTING DOCUMENTS: c) ATTACHED oONE A. Petition. B. Map of Project Area. C. Map of Property Details D. Resolution 2013-24 accepting a petition to initiate a public improvement project. E. Resolution 2013-25 ordering a feasibility report. POSSIBLE MOTION E�Vl Please word motion as you would like it to appear in the minutes. Motion to adopt Resolution 2013-24 accepting a petition to initiate a public improvement project for Jalger Avenue and 100'h Street north of 95th Street (CSAH 39) and adopt Resolution 2013-25 ordering -preparation of a feasibility report. BUDGET INFORMATION FUNDING: BUDGETED: ❑YES One hundred (100) percent assessed. X Na NCTI ON TAKEN A PPROVE D AS REQ UE TE D D DENIED a TABLED n OTHER (List changes) COMMENTS: Dan Licht City of Otsego Planner Dan please see attached Petition signed by the residents of Jalger Ave. N.E. and I believe it is 1 00`h St. I would appreciate if you could look into the matter that i's addressed on the Petition. I did not get signatures from Marlan Caillier, and David Peete residents because they were not available at the time, but did call me later to say that they also are interested in what the costs might be for the paving of Jalger Ave. and 1 00t" St. I did not include in the Petition for 100th St. because I was not aware that was a separate section of street . I thought that this was all part of Jalger Ave. If you have any questions feel free to contact me at: Home -763-295-4721 or Cell 612-328-8324. Thank You. Brad Ro now Petition to the City of Otsego We the undersigned, Property owners residing on Jalger Ave. make a request to the City of Otsego to do a study of what the costs would be to the property owners-, if any'. for the Paving of Jalger Ave. If there would be any costs to the Property owners., how much, and how would this be paid for. Name Address Phone # Si*gnature _j LL - , •.� l.,.I�v � � l .gyp- yvc; iAMA��i•!� Jv� V, f 6--j eq( 5 _ .. ,} il�AA�� �� ri!l�mL! lm6m m[!m[!!ii m m!limli lm!!i m i!i mi i m m m! � m m[i�! !!!.!i!� �� b!1!J• 4 t r d.. �l!!i^ f�i�li� 1+ ��mr•��m� �mr• � �mmr•mlmi! ir' ��F��I�I�t�� PETITION EXHIBIT B IF e, A4 - -J i n; 'k 4 r peri Ig % 1 Rl 4'AIL' VJL dt L 'IF k Lr YkYk "-_ +++444ii1 IL -3. 2, k • Ir I ire 11ryl _S. _a TA.3. • ,.a � , ' ' [ S � $ ' = .. '. � ' � � �" , � �e e� .,ft _ � � i• .` a ! 1 4+i - 1 , 1 � i , 4 . r � k _ r, i4 � -A 11L x _ ' !y _ '{ r ° `r: - x` le . y!� .. r n # 7 6A 3 L o0o Q A drr T 7 ID % t 44 v F 97 IV 4F 0, L 7�� Ilk t a t Lu 4 < A ir uj V m `7� 4,1 A ?w ak J4 7 A d r L + 14 4A .rF1r r+ t a i F 41. p % 91 3r lk 1p ff *b v E4 41 L 15 k V - 4 Ir L L A.. ut 71 p X �4 t J. 9 47 0 Hakanson Legend CITY OF Anderson 11 PARCEL IN CITY OF TSE PETITION BOUNDARY Z7.3.c�_ e PARCEL IN MONTICELLO TOWNSHIP HUM SOTA ATA SO UR CES: WR I GH T C 0U TY S OR VE Y Q E`P T. PvfA'DNRr & Cl TY (7F 0 TS EQ 0 DATE: MA RCLH 30, 20 Hakan'son Legend N 'fY OF All11 Anderson SIGNED PETITION PETITION NOT SIGNED- Ot e MINNESOTA 90 TA SOURCES-- WRIGHT COUN TY SUR VE Y DEP T, & Cl TY OF 0 TSEGO QATE.- MARCH30 201 3 j RESOLUTION NO.: 2013,, 24 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION ACCEPTING A PETITION FOR THE IMPROVEMENT OF A PORTION OF JALGER AVENUE AND 1 CLOTH STREET. WHEREAS, the City has received a petition from property owners abutting portions of Jalger Avenue and 1001h Street north of 95th Street (CSAH 39), which is an existing rural section roadway with gravel surface, requesting preparation of a feasibility report to consider improvement of the public streets with a paved surface; and, WHEREAS, if the City orders the project in accordance with Section 6-4-3 of the City Code it would intend to assess benefited property of all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429, Chapter 6, Section 4 of the City Code and adopted City policy regarding public improvement project; and, WHEREAS, Section 6-4-3,A.1 of the City Code provides that public improvement projects may be initiated by petition of the owners of property benefited by the proposed public improvement; and, WHEREAS, there are eight (8) owners of properties within the City of Otsego benefited by the proposed public improvement; and, WHEREAS, the petition received by the City requesting preparation of a feasibility report to consider the proposed public it project is signed by five (5) or sixty-three (63) percent of the owners of the properties within the City of Otsego benefited by the proposed public improvement; and, WHEREAS, Section 6-4-3.1.b of the City Code states that a petition by more than thirty-five (35) percent of the owners of the properties benefited by the proposed public improvement may be accepted and the project ordered by majority vote of the City Council; and, WHEREAS, Section 644A requires that the owners of property petitioning for the proposed public improvement shall enter into an agreement to pay all costs associated with consideration of the petition and preparation of the feasibility report; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that the petition requesting preparation of a feasibility report to consider a public improvement project for portions of Jalger Avenue and 100th Street is hereby accepted subject to the following stipulation: The owners of property petitioning for the proposed public improvement shall enter into an agreement to pay all costs associated with consideration of the petition and preparation of the feasibility report, which may be included in the assessment of the proposed public improvement project is ordered subject to review and approval by the City Attorney. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13 1h day of May, 2013. CITY OF OTSEGO Jessica L. St lar Mayor ATTEST: Tami Luff, City Clerk RESOLUTION NO.: 2013., 25 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF A PORTION OF JALGER AVENUE AND 1 GOTH STREET. WHEREAS, the City has accepted a petition from benefitted property owners proposing to improve Jal ger Avenue and I 00th Street north of 95th Street (CSAH 39), which is an existing rural section roadway with gravel surface, and to assess benefited property of all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that the proposed improvement be referred to Hakanson Anderson Inc. for study and that they are instructed to report to the City Council, with all convenient speed advising the City 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. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of May, 2013. CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk