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.C.1TX OF GEM LAKE RESOLUTION NO.2004-05 24 May. 2004 A RESOLIiTI'ION OF THE CITY OF GEM LAKE, M.INNESOTA QDERING CERTAIN PUBLIC..I.MPROVEMENTS.. WHEREAS, the City of Gem Lake, Minnesota (.the "City") has received the request of McNulty Construclidn Company (tire "Developer") for the development of certain real property within the corporate limits of the City for*the purposes of coristr uctiitg a development of approximately 29 single family homes (the "Development"); and WHEREAS, the preliminary plan for.the Development is known as the Hillary. Farm Plan B-2.(the "Preliminary Plat''); and WHEREAS, the majority of the homes in. the.City currently operate septic systerns.and are not connected to the metro sanitary sewer system .and certain existing homes in the City have septic systems that are failing or willfail in the near future;:.and. WHEREAS, as part ofthe City's review and approval process forthe Development and the PreliminatyPlat; 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. Develop mentwiltbe.constructedunder Sc.heunernan Road and there are other homes in the.City abutting:Scheuneman Road that will benefit form -the earls[ruction.of.thc.sanitarysewer. line under Scheuneinan (toad and being connected .to the metro sanitary:sewer system; and WHEREAS.. the construction of the sanitary sewer system1or the. homes abutting Scheuneman Road leading up to: the Development.and in the Development is hereinafter referred to -as the "Impravenients"; and WHEREAS. Short Elliott liendricksop Inc. ("SEH"); as City engineer and consultant to the City with respect to *.the Iiiiprovemeiits,:has.prepared a Feasibility stiidy €or the -Imprbvements:and conducted other analysis related to the Improvements (the. "Feasib.ility .Report"); and WHEREAS, the City Council of the City of Gem Lake on this date held public hearings on the Preliminary Plat and the Improvements (the "Hearing" ); and WHEREAS. ten (10) days mailed notice and two (2) weeks published notice ofth"eaHng. was given to. affected homeowners acid tIe Developer and a reasonable estimate of the impact of. the assessmcnet for the Improvement was made available at -the Hearing; and WHEREAS, the Feasibility Repoftwtas:available for review at the Head .ng;-and WREREAW,.all affected hotrteowpersandpersonswhodesired tabo.heatd withrespeettothe proposed Improvements weregiven an Rppomw i ty to be heard. NOW, THEItEFORE, BE IT RESOLVED BY THE CITY .COUNCIL OF THE CITY OF GEM LAKE AS FOLLOWS: 1. The Improvements are necessary, cost-effective and. feasible. as described .in the Feasibility Repor i.prepared by SEH: 2. The total estimated Cost of.tlie1mprovements:is $600,000.. 3. The Improvements are bereby ordered. #,. S -31.1 is hereby designated as the engineer for the improvements: SEH shall prepare plans andspecifrcations for make of the Improvements. Kennelly & Graven, Chartered :is hereby designated as special counsel to the City with respect to the Improvements. The foregoing Resolution was offered by Councilor Birkebak and was supported :by Councilor Watson and was. declared adopted based upon the following vote: NAME EME0T:T VA"ON. 13IRKEBAK ;I b oOgA VOTE Aye rye Aye Ayg Aye