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'CITY ()F GEM LAKE RESOLUTION 'NO.2094-11 21 June 2004 RESOLUTION OF THE CITY OF GEM LAKE, MINNESOTA ODE RING PUBLIC IMPROVEMENTS WHEREAS, the City of*Getn. Lake, Minnesota (the "City') has. received the request of.McNulty Construction Company ((lie "Dev.eioper") for the development of certain real property within the corporate .limits of the *City for the purposes of constructing a development of approximately 29 single family !tomes (the "Development"); and WHEREAS, the preliminary -plan for, ft-Development.is'known as the Hillary Farm Plan. 6-2 (the.."Preliminary .Plat'); and WHEREAS, (lie majority ofthe.homes in:the .City purrently operate septic systems and are not connected to the.metro sanitary sowgr system and certain existing homes in the City havo.sqpticsystems that are failing or will fait. in the near future; and WHEREAS, as part ofthe City'sreview and approval. process for the. D.evelopmentandthe Preliminary Plat, the City is requiring that the Developer connect the homes .in the..Dovelopinent to the metro sanitary sewer system; and WHEREAS, the main sanitary. sewer line for the Developntenhvill be.constructed under Scheunetnan Road and there are other !tomes in the City abuttirigScheuneman Road thatwill benefit form the construction of the sanitary sewer line under Schetineman Road and beitig connected to the metro sanitary sewer system;. and WHEREAS; the consfrudticin of the sanitary sewer system for the homes abutting-Scheunetnan Road leading up to. the Development and in the.Development is hereinaRer referred to as the "Original*Pcoject";-and WHEREAS, in addition to the homes benefited by th.e.0riginal. Project there -are economies ofscale by also constructing s..anitary server iittprovements,,liereittafterreferredto asthe`ilmprovements," for additional homes abutting Scheuneman Road commencing K"... at tile: intersection with Kahl Circle and thence Itortherly approximately i.,000 feet to the intersection of Schetmeman and Otter Lake Roads: and NV HEREAS,. Short Elliott Hendrickson Inc. ("Sl I""� as. City engineer* and. consultant to the City with respect. to the. Improvements, has prepared a feasibility -study for the Improvements and coiaducted. other .analys'l�related to`the.1mpFovements (tile `°Feasibility Report"); and. WHEREAS, the City Coun6l..*iofthe City on -this *late held a public heating on the Improvements (the "Hearing% and W H 9I2EAS, ten.days mailed notice and twia weeks published notice -of the Hearink:was.given to homeowners affected by the proposed hnproventents and a reasonable estimate of'the impact ofthE*assessmenet for the Improvement was available at the. 1-4earing; and WHEREAS, the Feasibility Report for (lie. Improvements was available for.review at tile. Hearing; and WHEREAS, al I affected homeownersand persons Who desired to: be heard withrespectto the.proposedImprovement5weregiven :tut opportunity to be heard. Now;: Therefore Se It RESOLVED, that the City Council of the City of Gem .Lake does hereby acknowledge and order as folio ws:: I. The Intp.rovements are necessary, cost-etTective and feasible as described in the Feasibility Report prepared by SEH.. 2, The total estimated cost.. of.the lm.pro.vements. is $600,000. 3. The improvements are hereby ordered. 4. $FH is Hereby designated asAie.enginogr for -the Improvements, SEH .shall prepare plans and specifications for make. of the Improvements. Kennedy & Graxen, Chartered is hereby. designated as special: counsel to the City with respecf to: the Intproveinents.