Agenda - Council - 10/10/2017 - Laserfiche WebLink

Home

OW t hi lon: To work together ko respotibiy grow oar community, and to provide quality, cost -affective, and efckent government tet does. CC Regular Session 8. 1. Meeting Date: 10/10/2017 By: Bruce Westby, Engineering/Public Works Information Title: Staff Update on Potassium Street Cul-De-Sac Improvements, Improvement Project #17-13 Purpose/Background: Purpose: The purpose of this case is to provide an update to the City Council on the status of Improvement Project #17-13, Potassium Street Cul-De-Sac Improvements. Background: As Council is aware, Staff has been working to secure easements from the three property owners on the north end of Potassium Street, north of old Nowthen Boulevard. Staff has also been working with the property owners of 15641 Potassium Street, Ron and Shannon Schmitz, to arrive at a cost -share agreement for constructing a temporary gravel cul-de-sac south of their property, which would directly benefit them. As previously discussed, this segment of Potassium Street is a gravel road with no outlet. For the last few decades, 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 the Schmitz's who posted no trespassing signs near the street on the south end of the property, in the belief that the public had no right to use 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 that 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 contends 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. Previous estimated project costs to construct the temporary cul-de-sac totaled $32,200. The Schmitz's previously offered to pay up to $3,000 towards project costs as discussed at the September 12, 2017, Council Work Session. On September 22, the Schmitz's submitted a counter-offer to pay up to $8,050 of project costs, contingent on the following conditions; • The city obtaining other necessary easements from neighbors. • The City releasing its claims of recorded easements, unrecorded easements, usage via MN Statute 160.05, and any other unrecorded or claimed recorded easements. . Any encumbrances, liens, etc., of any nature, aside from the one construction easement, whether known or