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

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unknown. • A settlement agreement reflecting these conditions, drafted by the City at its expense, and subject to review and approval by the Schmitz's attorney. • The City would be responsible for the legal fees in drafting the necessary easement for the construction. • The project must be complete by December 31, 2017, otherwise the Schmitz's obligation is reduced by $1,000 for each month thereafter that the project is under construction. • The Schmitz's are entitled to see the winning contractor's bid • If the total bid cost is less than the estimated $32,200, the Schmitz's total obligation will be reduced to 25% of the lower bid. To ensure the project could be completed this year, Hakanson Anderson revised the plans by moving the cul-de-sac 25 feet further south to avoid impacts to the power pole. This had the potential to delay construction up to several months, and it increased construction costs by approximately $2,500. Staff then solicited quotes based on the revised plans, but no quotes were received by the submittal deadline of noon Thursday, October 5, 2017. Staff met with the other two property owners on the north end of Potassium Street to discuss the required easements on their properties. The property owner south of the Schmitz's are not willing to approve an easement of any size on their property, even if financial compensation was included. The other property owner west of Potassium Street, who was asked to provide temporary easements, is only willing to provide easements for a period up to 18 months. Staff reached out to this property owner again to ask if he would consider approving a permanent easement with financial compensation, with the provision that the easement would be vacated at the time the property was re -platted. As of the time this case was published, no response had been received. Cooperation from property owners regarding dedication of the new right of way is imperative if the project is to be constructed this year. the project Notification: Notifications were not required for this case. Observations/Alternatives: Copies of the 3 easement exhibits are attached, as are the most current plans. Staff will inform Council of any new developments and will continue to work on a mutual agreement that will allow this project to be commenced to the satisfaction of both parties. Funding Source: Funding amounts and sources are yet to be determined. Recommendation: This case is informational only. Action: This case is informational only. Attachments