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Observations: <br />Copies of the final construction plans and easement exhibits are attached for reference. <br />Alternatives: <br />Alternative # 1 — Motion to adopt Resolution # 17-10-274 accepting quotes and awarding a contract to Dave Perkins <br />Contracting, Inc. in the amount of $34,877 for Improvement Project #17-13, Potassium Street Cul-De-Sac <br />Improvements. <br />Alternative #2 — Motion of other, which could include directing Staff to work with the City Attorney to seek <br />declaratory judgment from Anoka County District Court. <br />Funding Source: <br />Based on the latest quote received, if Council approves of the Schmitz's counter-offer the Schmitz's would pay <br />$8,050 and the City would pay the remaining costs, currently estimated at $37,550. City funds are proposed to be <br />paid from Public Improvement Revolving Funds. <br />Recommendation: <br />To ensure that maintenance, service and emergency response vehicles are able to turn around at the north end of <br />Potassium Street within the near future, Staff recommends alternative # 1. If Council selects alternative # 1, Staff <br />will work to reduce project costs as much as practical. <br />Approving alternative # 1 would also allow this matter to be resolved without incurring additional legal fees as <br />required to seek a declaratory judgement though Anoka County District Court. However, anticipated legal fees <br />associated with seeking a declaratory judgement on this matter could be much less that the cost to construct the <br />temporary cul-de-sac. <br />Action: <br />Motion to: <br />1). Adopt Resolution # 17-10-274 accepting quotes and awarding a contract to Dave Perkins Contracting, Inc. in the <br />amount of $34,877 for Improvement Project #17-13, Potassium Street Cul-De-Sac Improvements, contingent upon <br />staff obtaining an easement, for the proposed cul-de-sac, from Shade Tree Communities LLC, in an amount <br />not -to -exceed $1 per square foot. and, <br />2.) Authorize staff to enter into a settlement agreement with the Schmitz's, that, in consideration of an $8,050, the <br />City will proceed with the project, retain any necessary easements upon the Schmitz's property, and negotiate a <br />reasonable time for completion, subject to the review and approval of the City Attorney. <br />Resolution 1710274 <br />Plans <br />Easement Exhibit 1 <br />Easement Exhibit 2 <br />Easement Exhibit 3 <br />Attachments <br />Form Review <br />Inbox Reviewed By Date <br />Kurt Ulrich Kurt Ulrich 10/19/2017 03:05 PM <br />Form Started By: Bruce Westby Started On: 10/17/2017 08:56 AM <br />Final Approval Date: 10/19/2017 <br />