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CITY OF GEM LAKE RESOLUTION NO. 2004-11 21 June 2004 RESOLUTION OF THE. CITY OF GEM LAKE, MINNESOTA ODERING CERTAIN PUBLIC IMPROVEMENTS WHEREAS, the City of Gem Lake, Minnesota. (the "City") has received the request of McNulty Construction Company (the "Developer") for the development of certain real property within the corporate limits of the City for the purposesof constructing a development of approximately 29 single family homes (the "Development"); and WHEREAS, the preliminary plan for the Development is knownas the Hillary Farm Plan B-2 (the "Preliminary Plat"); and WHEREAS, the majority of the homes in the City currently operate septic systems and are not connectedto the.inetro sanitary sewer systemand certain existing homesin the City have septic systems thatare failing or willfail in the near future; and WHEREAS, as part of the City's:review .and approval process for the Development and the Preliminary Plat, the City is requiring that the Developer connect the homes in. the. Development to the metro sanitary sewer system; and WHEREAS, the main sanitary sewer line for the Development will be constructed under Scheuneman Road and there are other homesin the City abutting ScheunemanRoad that will benefitform theconstruction oldie sanitary sewer line under Scheuneman Road and being connected to the metro: sanitary sewer system; and WHEREAS, the construction of thesanitary sewer system for the homes abutting. Scheuneman Road leading up to the Development : and in the Development is hereinafter referred to as the "Original Project"; and WHEREAS, in addition to the homes benefitedby the. Original Project there are economies of scale by also constructing sanitary sewer improvements, hereinafter referred to as the "Improvements," for additional homes abutting Scheuneman Road commencing at the: intersection with Kahl Circle and thence northerly approximately 1,000 feet to the intersection of Scheuneman and Otter Lake Roads; and. WHEREAS, Short Elliott Hendrickson Inc. ("SEH"), as City engineer and consultant to the City with respect to the Improvements, has prepared a feasibility study for the Improvements and conducted other analysis related to the Improvements (ihe "Feasibility Report"); and. WHEREAS, the City Council of the City :on this dateheld a public hearing on the Improvements (the "Hearing"); and WHEREAS, ten days mailed notice and two weeks published notice of the Hearing was given to homeowners affected by the proposed Improvements and a reasonable estimate of the impact of the assessmenet for the Improvement was available .at the IHearing; and WHEREAS, the Feasibility Report for the Improvements was available for review at the Hearing; and W H:EREAS, all affected homeownersand persons who. desiredto be:heardwith respect to the proposed Improvementswere:given. an opportunity to be heard. Now,. Therefore. Be It RESOLVED, that the City Council of the City of Gem Lake does herebyacknowledge: and order as follows:: 1. The Improvements are necessary, cost-effective: and feasibleas described in the Feasibility Report prepared by SEN. 2. The total estimated cost of the Improvements is $600,000. 3. The Improvements are hereby ordered. 4. SEI.I is hereby designated as the engineer for the Improvements. SEH shall prepare plansand specifications for make of the Improvements. Kennedy & Graven, Chartered is hereby designated as special counsel to the City with respect to the lmprovements.