ITEM 7.2 Feasibilty Study for extension of Quaday Ave4#
OtsTeF o
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Legal
Andy MacArthur, City Attorney
February 8, 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Attorney
City Administrator
7.2
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends that the City Council approve the attached Agreement to pay costs for Feasibility
Study for an extension of Quaday Avenue south of CSAH 37.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes.
No.
BACKGROUND/JUSTIFICATION:
The City Council, at the last regular Council meeting, determined that the affected and benefited
property owners should fund any feasibility study for a southerly extension of Quaday Avenue. Staff was
directed to draft an Agreement for consideration at the next Council meeting. Attached is an Agreement
of the property owners to fund the feasibility study by submission into escrow of the City Engineer's
estimate of the study cost, $6,000.00.
A copy of the proposed Agreement has already been transmitted to the property owner's representative
for review.
SUPPORTING DOCUMENTS: x❑ ATTACHED ❑ NONE
• Agreement to pay for Feasibility Study.
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve Agreement to Pay for Costs of Feasibility Study- Extension of Quaday Avenue
Improvements.
BUDGET INFORMATION
FUNDING:
ACTION TAKEN
BUDGETED: ❑ YES
■ 1•
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
AGREEMENT TO PAY FOR COSTS OF FEASIBILITY STUDY -
EXTENSION OF QUADAY AVENUE IMPROVEMENTS
The undersigned property owners request and petition the City of Otsego to
undertake a Feasibility Study for the purposes of setting forth the costs of
constructing an extension of Quaday Avenue south from CSAH 37 to 65th Street
by constructing and paving the roadway.
The City Engineer has indicated that his firm will undertake and complete the
feasibility study to determine the costs of the Project for an estimated cost of
$6,000.00.
The property owners are requesting this study with the understanding that any
proposed roadway primarily benefits their properties and with the understanding
that City policy would assess the costs of the Project against their benefited
properties in accordance with Chapter 6, Section 4 of the City Code for public
improvement projects
The property owners do hereby agree to pay for the actual cost of the Feasibility
Study and will deposit with the City $6,000.00 in escrow to cover the estimated
costs of the Feasibility Study, and do further agree to pay the actual costs of the
Feasibility Study if it exceeds the amount deposited in escrow. The obligation of
the parties to pay for the study is a joint and severable obligation and
apportionment of cost among the properties is left to the Property Owners.
In the event that costs exceed the escrowed amount and are not paid by property
owners within thirty (30) days billing of said additional costs, Property owners
agree to have such costs assessed against their properties in an amount and an
interest rate to be determined by the City and do hereby waive any required
hearings, any irregularity in the proceedings and do hereby waive any and all right
of appeal, including but not limited to the right of appeal under Minnesota Statute
429.081, case law and the Minnesota Constitution. Property owners assert and
agree that the feasibility study benefits their properties in at least the amount of
their proportional share of the cost as assessed.
Dated:
Tonya M. Darkenwald Revocable Trust
15815 70th Street NE (PID 118 500 341100)
Dated:
Parnell Properties LLC
(PID 118 500 341102)
Dated:
Parnell Properties LLC
(PID 118 500 352200)
Dated:
Winter Family LP
(PID 118 170 000010)
Dated:
Winter FLP Il LLLP
(PID 118 170 001011)
(PID 118 170 001020)
(PID 118 170 001010)
2
Dated:
Winter II LLLP
(PID 118 170 0000020)