Agenda - Council - 10/24/2017 - Laserfiche WebLink

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lour 1111.1siion: To work together to reiposihty grow our community, and to provide quality, coat -effective, and efficient government ierrlcas. CC Regular Session 7. 1. Meeting Date: 10/24/2017 By: Bruce Westby, Engineering/Public Works Information Title: Adopt Resolution #17-10-274 Accepting Quotes and Awarding Contract for Improvement Project #17-13, Potassium Street Cul-De-Sac Improvements Purpose/Background: Purpose: The purpose of this case is to adopt Resolution #17-10-274 accepting quotes and awarding a contract for Improvement Project #17-13, Potassium Street Cul-De-Sac Improvements. Background: The segment of Potassium Street north of old Nowthen Boulevard is a gravel road with no outlet which the City has maintained for decades, including the turn -around area on 15641 Potassium Street. This property was recently purchased by Ron and Shannon Schmitz. The Schmitz's contend the public has no right to use their property as a turn -around and, consequently, posted no trespassing signs on both sides of Potassium Street near the south edge of the property. These signs caused Ace Solid Waste to inform its customers along Potassium Street that they would no longer serve their properties since they could not safely turn their trucks around at the north end of Potassium Street. The City's position is that this is a public turn -around. The Schmitz's 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 costs to construct the temporary cul-de-sac totaled $32,200. As was discussed at the September 12, 2017, Council Work Session, the Schmitz's offered to pay up to $3,000 towards project costs. Then on September 22 the Schmitz's submitted a counter-offer to pay a maximum of $8,050 of the project costs, contingent on the following conditions being met; • 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 unknown. • A settlement agreement reflecting these conditions, drafted by the City at its expense, and subject to review