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McFadden 2001 Payment Agreement_ChavenelleTHE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM October 29, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 2001 McFadden Agreement Economic Development Director Dave Heiar recommends City Council approval to provide the McFadden family a $26,400 payment to be paid over three years, in lieu of the previous commitment to construct a cattle underpass, at a projected cost of $50,000, as part of the Chavenelle Street extension project. I concur with the recommendation and respectfully request Mayor and City Council approval. ~, ~ ,~--- ~ ~ ~~ Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director THE CITY OF ~_ ~~~u~ DuB TO: Michael Van Milligen, City Manager E "'."~ Masterpiece on the Mississippi ~ ~ ~ z~~ MEMORANDUM FROM: David J. Heiar, Economic Development Director SUBJECT: 2001 McFadden Agreement October 26, 2007 INTRODUCTION The intent of this memorandum is to provide the Council with information in an effort to finalize the commitment made in the 2001 agreement to purchase ROW for the Chavenelle Drive extension from the McFadden family. BACKGROUND In December 2001, the City Council approved an offer to buy real estate from Vincent and Luella McFadden. As part of the transaction, the City acquired 5.7 acres of land to allow for the construction of a street to connect the two segments of Chavenelle Drive. One of the special conditions of the contract required the City to construct a cattle underpass to allow livestock to cross underneath Chavenelle Drive since the new street would divide the farm ground into a north and a south section. When the plans and specifications were developed for the street extension, it was determined that there would not be sufficient clearance for an underpass. It was also noted that an underpass would add another $50,000 to the cost of the street construction project. John McFadden, the son of the owners and the farm tenant, indicated that he would normally let his cattle graze on the north side of the street after the crops were harvested for about two months of each year. We calculated that Mr. McFadden will loose a feed value of approximately $3,300 per year by not having access to this land for his livestock. In negotiations, the property owner/tenant agreed to limit this loss to an eight year period or a total of $26,400 ($3,300 x 8). Ultimately, this payment is less costly than the anticipated cost to construct the underpass. The McFadden's would like to receive this cash payment over a three year period (2008, 2009, and 2010). RECOMMENDATION/ACTION I recommend that the City Council approve providing the McFadden family a $26,400 payment to be paid over three years, in lieu of the previous commitment to construct an underpass as part of the Chavenelle Street extension project. F:\USERS1lnternpl\Economic Development\McFadden Memo.doc