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HomeMy WebLinkAboutResolution 6281 . . . RESOLUTION NO. 6281 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA SETTING A PUBLIC IMPROVEMENT HEARING DATE AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MOUNDS VIEW MANUFACTURED HOME PARK SECOND ACCESS PROJECT WHEREAS, on October 13, 2002, City Council adopted Resolution No. 6119 approving the preliminary feasibility report for the Mounds View Manufactured Home Park Second Access Project; and WHEREAS, on May 10, 2004, The City Council approved Resolution No. 6244 establishing the financing for this project; and WHEREAS, the owner of the Mounds View Manufactured Home Park has submitted a petition for public improvement to install a second access to the Park; and WHEREAS, a Public Hearing for this project is not required, however, desired by the City Council; and WHEREAS, a Public Improvement Hearing date of July 12, 2004, will afford the necessary time to publish legal notices and send out letters to affected property owners; and WHEREAS, typically the authorization to prepare plans and specifications occurs after the City Council conducts a public hearing and orders the project, however, in this case it is recommended so that should this project be ordered, it could be added to the Hidden Hollow Street and Utility Improvement Project as a bid addendum and thus be included in the competitive bidding process, and be bid with a larger project in an effort to receive more favorable bids; and WHEREAS, the City Council recognizes the risk of authorizing the preparation of plans and specifications before the project is ordered is that the cost to prepare that plans and specifications will be borne by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. A public improvement hearing for said improvement is hereby set for 7:00 PM on July 12, 2004 at the Mounds View City Hall and the City Administrator shall give mailed and published notice of said hearing and improvements as required by law. 2. The City Administrator is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two (2) successive weeks in the official newspaper of the City, the first of such publication to be not less than ten (10) days and the second not less than three (3) days prior to the date of said meeting, and to be mailed to owners of the property in the area proposed to be assessed not less than ten (10) days prior to the date of said meeting. 3. The preparation of the plans and specifications for the Mounds View Manufactured Home Park Second Access Project is hereby authorized. ATTEST: Adopted this 14th day of June 2004. <~ ji.pf'Linke Y. /"-"., I, ( ) / /~ ~~ , Kurt Ulrich, City Administrator (seal) . . . EXHIBIT A PETITION AND WAIVER AGREEMENT This Petition and Waiver Agreement is entered into this _ day of 2004, by and between THE CITY OF MOUNDS VIEW, a Minnesota municipal corporation, ("City") and ("Owner"). 1. is the Owner of the real estate described as follows ("Subject PropeI1y"): (add legal description) l\lounds View Manufactured Home Park 2. The Owner petitions the Mounds View City Council to constmct the following public improvements to service the Subject Property: The installation of a second driveway access and associated roadway improvements located at the intersection of Glellhavell Lane with Belle lane and Raymond Avenue. 3. The Owner respectfully petitions the Mounds View City Council to assess a maximum of thirty-seven and seven-tenths percent (37.7%) of the entire cost of the public improvements to the Subject Property. The City has secured a Community Development Block Grant (CDBG) from the County in the amount of thirty thousand dollars ($30,000.00), which will be applied to reduce the total assessment on the Subject Propel1y. The Owner understands that after applying the $30,000.00, the overall cost of the public improvements will be approximately $46,000 and the total amount assessed to the Subject Property will be approximately $17,350.00. 4. The Owner recognizes that a preliminary feasibility report has been completed regarding the proposed improvements. The Owner concurs with the scope of the project and associated assessments and respectfully requests the Mounds View City Council to order the preparation of plans and specifications regarding the proposed improvements. 5. Concurrently with the execution of this Agreement, the Owner will furnish and deliver to the City a cash deposit, certified check, or irrevocable letter of credit in the amount of $_-0-_ to guarantee payment for costs of the preparation of the preliminary report and the expenses to be incurred by the City of Mounds View in preparing for and holding a public improvement hearing on the proposed improvements. 6. The Owner waives the right to appeal the levy of the special assessment in accordance with this Agreement and pursuant to Minn. Stat. ~ 429.081, or to otherwise challenge the amount or validity of the assessments or the procedures used by the City in levying the assessments for said public improvements. The Owner releases the City, its officers, agents and employees, from any and all liability related to or arising out of the levying of said assessment. 7. The Owner waives the right to challenge any reapportionment of the special assessments upon division ofland under Minn. Stat. ~ 429.071, subd. 3. 8. The tern1S and provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties, shall be binding upon all future owners of all or any part of the Subject property, and shall be deemed to be covenants running with the land. . IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY OF MOUNDS VIEW ~..-...-..... ~_._-_.- ~' ~....- ." //. ......-:;.-- '. . ..-...-- .~ //MayoPP.... -' /:~/~' 6~ , City Administrator OWNER (insert name) By: Its: . By: Its: .