Agenda - Council Work Session - 09/12/2017

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CC Work Session 2. 1. Meeting Date: 09/12/2017 Information Title: Consider Cost -Share Options to Construct Temporary Potassium Street Cul-De-Sac Purpose/Background: Purpose: The purpose of this case is to discuss cost -share options for constructing a temporary aggregate surfaced cul-de-sac on the north end of Potassium Street, north of old Nowthen Boulevard. Background: A dispute exists between the City and the property owners regarding the existing Potassium Street easement width on the property located at 15641 Potassium Street. The segment of Potassium Street, north of old Nowthen Boulevard, is a gravel road with no outlet. For the last few decades or so, the City has been maintaining this road, including an area on 15641 Potassium Street used by vehicles to turn around. However, this property was recently purchased by Ron and Shannon Schmitz who then posted no trespassing signs near the street on the south end of the property. This caused Ace Solid Waste to inform its customers along Potassium Street that they would no longer serve their properties since they could no longer safely turn their trucks around at the north end of Potassium Street. Both parties acknowledge a 33-foot easement exists on the west side of the property, but the City contends that a 66-foot easement exists as conveyed by a previous Deed transfer to the public. The Schmitz's dispute that the additional 33-foot easement exists. The City Attorney has noted that the City has other protections above and beyond the existing easements due to the length of time that the City has maintained this road for public use. Based on early communications between both parties, the cost share for each party ranged between $3,000 and $9,000. Based on the cost -share proposal using quotes, costs for each party range from $10,700 to $21,500. Below is a brief summary of actions to date. February 7, 2017 - The City received the attached Settlement Offer from Mr. Schmitz. May 1, 2017 - The City conveyed the following cost -share proposal to the Schmitz's attorney: City obligations: • Obtain consent from property owners to provide easements and draft and record the easement agreements. • Retain Hakanson Anderson to design the requisite plans and specifications at the City's cost. • City to provide surveyor to stake the easement area and turn -around. • Provide at no cost the aggregate base class 5 material needed for construction. • City to pay own legal fees. Schmitz's obligations: • Pay for construction costs, including Hakanson's project administration costs and inspection fees. • Transport gravel from City reserves to the construction site. • Schmitz to pay own legal fees.