CR 92-118 Reconstruction Westrbooke Way
~
\ \ y 0
May 26, 1992
'"
o P K
council Report 92-118
AGREEMENT TO UNDERTAKE FEASIBILITY STUDY
RECONSTRUCTION AND EXTENSION OF WESTBROOKE WAY
proposed Action.
Staff recommends adoption of the following motion: Move that Council
authorize the Mayor and city Manager to enter into an agreement with
the Westbrooke Condominium Association to participate in the cost of a
feasibilitv study for the reconstruction/extension of Westbrooke Way
from 9th Avenue South to Smetana Road and to enter into an aqreement
with RCM Associates to conduct the feasibility study.
.
overview
A recent study compiled for the City and titled the Springsted Report
made certain recommendations regarding rehabilitation options for the
Westbrooke Condominiums. (Council accepted that report and authorized
staff to establish a schedule whereby the various options could be
reviewed.) One of the recommendations reviewed was the conversion of
the private roadway Westbrooke Way to a public road and its extension
to Smetana Road. The Westbrooke Condominium Association has
approached staff with a proposal to expedite a feasibility study for
roadway reconstruction. The association requests a study be conducted
now in lieu of the petition process and proposes an agreement whereby
it will participate in 70% of the study cost.
Primary Issues to Consider
o What are the terms of the agreement?
o What is the cost of the study?
o Staff recommendation
SUDDorting Information
o Agreement document
o Site Map
o Westbrooke Rehabilitation Work Plan
L.
II '}
~'J.. .~
J mes Gessele
Engineering Superintendent
CR92-118
Page 2
Analysis
o What are the terms of the agreement?
The agreement sets down Westbrooke's cost participation at 70% of an
estimated $6,500 feasibility study. Westbrooke's share would be due
and payable to the City upon completion of the report. If the study
indicates a feasible project that the Association and City could
participate in, the Association would petition directly for a public
hearing under authority of M.S. Chapter 429. The Association requests
that its share in the feasibility cost be transferred to special
assessments should a project be ordered.
o What is the cost of the study?
staff has consulted with RCM Associates in a preliminary way
concerning a study. RCM has already done considerable design and
soils investigation at the adjacent Opportunity Court/Smetana Road
improvement project and estimates the cost of compiling the report at
$1,800 and doing soil borings at $4,700. The Association has
indicated these costs to be acceptable.
o Staff recommendation.
.
Staff has referred the agreement to the City Attorney for review. He
finds the concept and terms in order and sees no conflict with M.S.
statute 429. In light of this and the Associations' agreement as to
study cost, staff recommends entering into an agreement with
Westbrooke Condominium Association for cost participation and RCM
Associates to conduct the study.
COOPERATIVE AGREEMENT
WESTBROOKE WAY FEASIBILITY STUDY
This agreement is made and entered into this day of
, 1992, by and between the Westbrooke
Condominium Association, hereinafter referred to as
"Association," and the City of Hopkins, hereinafter referred
to as "City."
Whereas, Association has requested the undertaking of a
feasibility study for the reconstruction/extension of
Westbrooke Way from 9th Avenue South to Smetana Road in the
city of Hopkins, Minnesota, and is willing to share in the
cost of such a study.
NOW, THEREFORE, the parties hereto agree as follows:
1.
City shall immediately undertake a feasibility
study that will show in a preliminary way that the
improvement of Westbrooke Way from 9th Avenue
South to Smetana Road is feasible and that it
should best be made as proposed. The City shall
request a study that includes preliminary soils
investigation and the estimated cost of an
improvement. city agrees to furnish two copies of
the study to the Association.
.
2. In the event City in its sole discretion elects
not to order in an improvement project,
Association agrees to reimburse City for 70% of
the feasibility study costs incurred to a maximum
of $4,600.
3. Upon completion of the feasibility study City
shall submit an invoice to Association that shall
include copies of any invoices submitted to the
city by its agents for work performed in
accordance with this agreement.
4. Association agrees to pay in full without
retainage within sixty (60) days fOllowing
submission of the City invoice.
5. In the event the City Council of the City of
Hopkins orders an improvement project in
conjunction with such project as encompassed in
the agreed to feasibility study, both parties
agree that the feasibility study costs in full
shall become a part of construction costs subject
to special assessments against benefitted
properties according to M.S. Statute Chapter 429
and the City's established Roadway Assessment
Policy.
This Agreement shall inure to and be binding upon each of
the parties, their successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their
hands the day and year first above written.
Westbrooke Condominium Association
By:
President
Date:
City of Hopkins
By:
Mayor
Date:
By:
~ity Manager
Date:
E/JG05262A
~ ~I
rn~
E~L'.
~
~EP
<( -5- - - - -
_ _ -(!)- --
(2) ~ :r: _/-_let. _
l-
I'- _"=:loi::
:r:
64) ~ t-
1<9, ., 29~ CD
63)16 ~ ___J~__
12t.Z1 21 ~
26 ~
66 n 66
1/, 14 ,
8TH ST Sl S :Sl
CONDO NO 513
WEST BROOKE -PARK
CONDOMINIUM
SEE RECORD PLAT FOR DIMENSIONS
\.
" \. ( 19)
,,\.~
",~
"~"."
"X~
. . '\ ~"'"
W'~'S2':.A. :,:\
"T :,\~
+."". ~
~.~ ~~
/~ ..".,,\ ~.~
--------~,/.:
~,.,:-(\ :.:... ':'\ ~
.,. <\. ~ .""~/", ~
~..../, ~
~..>~ " ~
~:.A. .,,~ ..........
~+ \,~ ..........
. ~ '-4I/j L:<
:.A. ~~ "-
ff ~. IO,i'~"""""
" ~ "-...Co"
. \ """~ ~~
I . ". 6)> ~ ~ .-
, 1,6)> ~ ~ ...~
I , .""., ~~.......... ,
I 1 '. ~ ~
740.01
581' 54' ,5&' E
(484 -687)
(688-698)
(701)
WAY
( 20)
PROPOSED
WESTBROOKE
(384-479)
(480 -483)
...- - -- - -- - -- ---
if6
I ~
, 4
,
CONDO NO 459
WESTBROOKE-WEST
CONDOMINIUM
'"
W
""
....
Ol
4f~~
?@~
@@It~
(275-418) ORIGINAL
(419-430)
.
~
"''''
N51
~
i
..
;0
~
+/~,J1
-t>i:".,::
--- - -- -_ _ _ __ _ ~.:~ _ _ s:':'::'~: __ _ _ _~'~'!___ _ ~~
~.:..,
\~.'f~
"",,\0
@
~
~
z
~
~
Sl!1'5oI'$'[
i'
'I,l
v
240
COt-IOO NO
CONDOMINIUM
wii; ~\R\ (Q)(Q) l ~
I
( 5-716)
(722-868)
(869 -888)
ORIGINAL
N/l6'41'[
~
: oce r<<l Je1~3
6U43
""A ~ 76 '''n''n
'?f,~...--.
~/
.,,>,'
1r
--.....~:~~~.,..
\~
@
WAY
(I)
I I
-,III
T~-
, \
\ \
\ \
~~\
, I
I I
I I
I I
I I
I I
I I
I I
I
....
S!i
-1.
I
i
~
9
l<:I
...
, 7'1
...;;;:::... Rn
213,99
"'-0'
34.15 ."ti:-"
--- . '''''.
203.01
N&,'4"OI'E
: ~'
~"-b{,
'~1
I
2660,