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79-71 ~. e e e -. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINN. DATE: Dec. 3, 1979 79-71 RESOLUTION: MOTION BY COUNCILMAN:, Neveaux SECONDED BY COUNCILMAN: Pearson A RESOLUTION AUTHORIZING THE CITY ENGINEER TO PREPARE A FEASIBILITY STUDY FOR PUBLIC IMPROVMENTS FOR WESTERN HILLS THIRD ADDITION BE IT RESOLVED By the City Council of the City of Chanhassen, Minnesota, as follows: 1). That Schoell and Madson, Inc., Consulting Engineers, Hopkins, Minnesota, is hereby directed to prepare a feasibility study for public improvements for the Western Hills 3rd Addition contingent upon the following conditions: a). The developers deposit with the city a check covering all engineering and legal costs potentially occurring between the time frame of authorizing the feasibility study and potential award of bids. Such condition is being made in light of the recognition that the letter of credit would not take effect until after the award of the construction project and such would guarantee that, should the project be determined unfeasible or not awarded, that the city could recover its costs. b) _. That after determination of public improvement costs through the feasibility study, that the letter of credit be drafted by Chanhassen State Bank and submitted to the attorney's office to determine that such meets the guidelines setforth by the city's bonding consultant and is in proper form. c). That the feasibility study of the city engineer's office include options for a temporary road from Phase I to Kerber Drive as well as options for partial permanent improv-ement of said road - all being completed in an effort to avoid duplication of costs through the construction of said road. d). That the city attorney's office review the above conditions as established by the city council and establish whatever legal documents necessary to insure that the public improvement, guarantees, etc. are in accordance with the approvals given by the city council, i.e. legal documents petitioning for public improvement and agreement to assessment costs, etc. . e e - e). That assessments against the Phase I properties, for public improvements potentially to be constructed, shall not exceed 5 years. f). That, if the council determines to proceed with this project (after receipt of the feasibility study, holding a public hearing, and taking bids) that the check held by the city to defray potential city costs of engineering, legal, etc. (during the feasibility stage) will be returned to the developer and these costs will become an assessable cost of the project against benefitting properties. Passed and adopted by the city council of the City of Chanhassen, this 3rd day of December, 1979. ATTEST: Q. / . (k':5!Q Don Ashworth, City Manager Q~~.~~ Yes No Mayor Hobbs None Councilwoman Swenson Councilman Neveaux Councilman Geving Councilman Matthews Councilman Pearson