ITEM 5.2B Agreement with Wright County, Albertville, and St. Michael"P.
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DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT-
REQUESTOR:
MEETING DATE:
Legal
Andy MacArthur, City Attorney,
October 14, 2013
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Attorney
Lori Johnson, City Administrator
S. B
AGENDA ITEM DETAILS
RECOMMENDATION:
Council review proposed Agreement between Wright County and the Cities of Albertville, St. Michael
and Otsego with changes requested by each party, and provide direction to City staff regarding the
acceptability of proposed changes.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes. I No.
BACKGROUNDMUSTIFICATION:
The City Council previously reviewed a proposed Agreement regarding 70TH Street and change of
jurisdiction after City improvement of 70th Street in 2014. The Agreement also addresses future projects
on CSAH 19 from the Albertville Outlet Mall to 70th Street, future upgrade of 7 oth Street from CSAH 19 to
Madver Avenue as well as jurisdictional changes of a portion the current CSAH 37 at such time as a
Naber Avenue 1-94 interchange is constructed.
The Agreement was originally drafted by Otsego and was circulated to the County, Albertville and St.
Michael for comment. The document attached is a compilation of their comments, County changes are
in red, St. Michael's changes are in blue and Albertville -s changes are in green.
The majority of the County comments are technical in nature and clarifications of terminology. St.
Michael's comments were generally designed to emphasize that they only had limited participation in
this Agreement. Albertville's changes related to deletion of sorne language included by St. Michael
regarding potential contribution to the Taber Avenue Interchange and insertion of a five year limit on
maintenance of 70th Street.
It appears that the major issue between the County and Otsego (and Albertville) is maintenance of 70th
Street after the jurisdiction change. In the original Agreement Otsego indicated it was willing to maintain
(snowplowing only) 7 oth Street for 3 years after it becomes a County road. The change made by the
County calls for perpetual maintenance by the City of snow and ice control. Albertville has proposed five
years of maintenance.
I spoke with Brad Belair and he would like to see a limitation on maintenance reinserted in the
Agreement. He did indicate that he did not see substantial cost for the City in continuing maintenance of
the road for a few years.
Staff is seeking direction and comments from the Council regarding the Agreement in order to continue
negotiations with all involved parties.
There has been some confusion regarding the references to the various road segments. Dan Licht is
working on an Exhibit to the Agreement that would help clarify these various roadway segments.
We are trying to get this Agreement finalized by all parties as soon as possible.
SUPPORTING DOCUMENTS: x ATTACHED o NONE
0 Agreement between County and Cities with proposed changes designated by all parties.
MOTION: (Please word motion as you would like it to appear In the minutes.)
Staff seeks direction from the City Council in order to negotiate a final Agreement for Council approval in
the near f utu re.
BUDGET INFORMATION
FUNDING: BUDGETED: Q YES
NA Ei NO
ACTION TAKEN
E) APPROVED AS REQUESTED ❑ DENIED TABLED r3 OTHER (List changes)
COMMENTS:
I Revised Draft- October 1, 2013
AGREEMENT BETWEEN COUNTY OF WRIGHT AND CITIES OF
AI, BERTVILLE, OTSEGO AND SAINT MICHAEL REGARDING
PORTIONS OF COUNTY STATE AID HIGHWAY 37,70"' STREET IN
OTSEGO-,kNwDn-]PDOIJLDI%xt--R%O-FN.S OF COUNTY SAT -EA -11-1) HIGHWAAX49
AGREEMENT this day of _, 2013 by and between WRIGHT COUNTY
(COUNTY), a political subdivision of the State of Minnesota and the CITY OF
ALBERTVILLE (ALBERTVILLE), CITY OF OTSEGTSEGO), and the
CITY OF ST. MICHAEL (ST. MICHAEL), all Minnesota Municipal
corporations.
WHEREAS, COUNTY, ALBERTVILLE, ST. MICHAEL AND GT EG
partnued mi the preparation of the Northeast Wright County Transportation Plan
adopted by eacli City and the COUNTY in 2004 to establish a fi-amework
for future roadway system improvements and functional classificatioll for area
roadways; and
WHEREAS, OTEG O lias commenced a Project to begin construction in 2014
which would provide for construction of new roadway and improvement of
existing roadways from Martin Farms Avenue NEthej Plat of Martin Farms) to
the intersection of the current 701h Street with County State Aid Higliway 37
(CSAH 37)_(s1pproximqte1y 1.85 miles in Otsego; and
WHEREAS, TSEGO leas entered into an Agreement with COUNTY to
reconstruct a portion of CSAH 37 from its intersection Nvith the current 70"' Street
at Oakwood Avenue to Odean Avenue approximately 0.5 mi in 2014 iii
conjunction with OTSEGO's 70"' Street Improvement Project; and
WHEREAS, the County lias applied for and tentatively received approval of $1.53
million in MAP -21 Federal Funds to go toward reconstructing CSAH 37, from
Odean Avenue to TH 101 (approximately 1. 7 miles). It is antici aced this work
Nyould be completed in 2017, subject to available County funding for the local
share.
WHEREAS, the possibility of combining the current TSEGO Project Nvith the
COUNTY 2017 Project on CSAH 3 7 from can Avenue to TH 101 was
considered but not agreed to as it was determined that combination of the Projects
would not result in substantial savings and would impair OTSEGO's need to
titilize existing MSA ftinds for 2014; and
WHERE AS, OTSEGO and COUNTY have agreed upon the constmdlffll of a
roundabout at the intersection of Oakwood Avenue and 70"' Street-WSAH 37),
and
WHEREAS, C01IStRICti011 of the OTEG O 1111provements to 70"' Street will
provide for another direct route from Tf Unk Highway 101 in the eastern portion of
OTSEGO directly to CSAH 19 consistent Nvith its designation (redesignated as
minor arterial per Otsego City's re tient in 2012 as a minor arterial route by the
Nortlieast Wright County Transportation Plan; and
WHEREAS, COUNTY and TSEGO agree that once 70'h Street is
improved from Madin Farms AvelILIC to Oakwood Avenue (CSAH 37) that this
segment will carry a much higlier traffic count than the existin g,.40- 1,000 ADT,
will serve as a convenient east west route for residents and others, and
rl 0 P^ % x felt F 614
funetion more"Jad of -I.....L......... ..Jis consistent with the Northeast Wright
County Tra n sp ortat i on P I anJ . and
WHEREAS, the MNDOT CSAH Mit Subcommitteereport , dated April 24,
2006 identifies the conditions that this segment of 7C Street from CSAH 19 toL Formatted: Superscript
Oak-wood Avenue/ CSAH 37) could be designated a CSAH route; and
WHEREAS, 70"' Street from CSAH 19 to MacIver Avenue is a joint road
between ALBERTVILLE and OTSE GO which was shaped and paved and
tipgraded from a gravel road in 2006 which will reqUire additional ffiture
improvements to have sufficient capacity for projected traffic VOILinies and the
type of traffic utilizing a nihior arterial roadway; and
WHEREAS, ALBERTVILLE lias planned for specific public improvements on
CSAH 19 within its City limits including widening and signalization of the
intersection of 70"' Street Nvith CSAH 19 at ALBERTVLLE's northerly City
boundary that will reqtiire improvements to CSAH 19 and 70,h Street within
OTSEGO; and
WHEREAS, COUNTY, ALBERTVILLE and TSEGO agree that upgrades to
CSAH 19 north of the Albertville Outlet Mail driveway in ALBERTVILLE
should be, completed as soon as pGs&"efeasible; and
WHEREAS, St. MICHAEL has plainied for and received approvals from the
Federal Highway Administration related to a proposed extension of Naber Avenue
(future CSAH 22) and construction of an 1-94 freeway interchange at that location
at an as yet unspecified date in the future- and
within ST. MICHAEL, I
3YHE REAS, due to its regional benefit, the Patties agree that the interchan Formatted: Font: Bold
conStRlCtiffll and future roadway connection from 5C Street (CSAH 18) to 7th Q Formatted: Superscdpt
Street (futtire CSAH 37.) will be funded through a combination of sources-, and rormatted: Superscript
r e. e i i i e i i t
WHEREAS, the Parties agree that upon completion of improvements and
construction of an interchange at Naber Avenue that CSAH 37 from that
intersection eastward to 701h Street in OTSEGO along 60'h Street and Oakwood
Avenue will operate more as ta local street than as a County road-.
WHEREAS. ST. MICHAEL's oblivations under this Agreement are specificall
contained in and are specifically limited to the provisions set forth in paragra lY
D
Nos. 5, 6 and 7,--d q as well as the general provisions of the Agreenielit set forth in
,QdAo
tmraeraDh Nos. 8.9.10.11 and 12). and sai"WeatiefflMs. are sveciffli 1;14!11fRAILLILL140
PIT HW -MM
NOW, THEREFORE the Parties agree as follows:
1. TSEGO shall construct improvements to 70'11 Street (Martin Farms
Avenue to Oakwood Avenue) as well as improvements to CSAH 37
(Oakwood Avenue to Odean Avenue) in 2014 as set forth in Agreement
No. 1352. OTSEGO and COUNTY agree that combination of the 2014
Otsego Project and the 2017 COUNTY Project on CSAH 37 between
0
dean Avenue and TH 10 twill not resu It in substanti al savings, and that
OTSEGO will proceed with the current Project as scheduled for 2014 -;Land
the County orolect will w-oceed in 2017 (subiect to available County local
fllrrdln
2. Effective upon final (s.ublect to County acceptance
and MNDOT aproyal ) of said 2014 Otsego-iniprovements, OTSEGO and
COUNTY agree that COUNTY shall take over jurisdiction of 70'4 Street
from CSAH 19 to Oakwood Avenue and designate the road as aCoun1y
State Aid Highway 37. The existiny, sepanient of CSAH 37, from CSAH 19
to the intersection of Oakwood Avenue/ 7 �r' Street (CSAH 3 Forni�atted. Superscript
become County Road 137 at this same time. Ca..."tir RAA4
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3. OTSEGO shall continue to provide maintenance (snowpl-ewing enly
MARC -and
01h
ice control) on 7 Strect (CSAH 19 to Oakwood Avenue) after it is
designated as a-CountyRead -Arer a Peried of th'1109141� vianm-
JW L I I -L %0 %.f k --1 .1 J VW L4 L . after- the date
that the COUNTY asstimes-i "I 1
State Aid Highwa
37 until the earlier 0 1) rive years from the date of this Agreement, or 2)
the COUNTY, o"rSEGOand ALBERTVILLE enter into another
agreement that provides for the ti)ahitenn nce of this section of CSA[I 37.
All other maintenance and repairs on the roadway shall be the
responsibility of the COUNTY. The COUNTY shall continue to provide all
in a i nte n a n cc to the n e wI v deli P -n ate d CR 13'7, as described in No. 2 above;
4. COUNTY, ALBERTVILLE and OTSE GO shall jointly apply for Region
7W transpoilation funds in order to improve CSAH 19 from the Albertville
Outlet Mall driveway in Albertville to five hundred (50(x) feet north of 70,h
Street in OTSE GO including an upgrade of 70'h Street from CSAH 19 to
MacIver Avenue. Cost sharing and construction timing for this project will
be determined by further negotiation and agreement between the Parties.
5. At such time as the proposed Naber Avenue interchange with 1-94 is
actually constructed and a-read�the roadway currently designated as
CSAH 37 (now also known as 60 Street) is constructed from th-at- the 1-94
interchange and connects to the roadway that is currently designated as
&1 Street (and will in the future be designated as CSAH 37), the existing
CSAH37 - (6W" Street) roadway froin that proposed Naber Avenue
alignment along 6 01h Street eastward to the intersection of existing
Oakwood Avenge- s and 70t� Street shall be turned back to T. MICHAEL
and OTSE GO as a City street within their respective boundaries the
Turnback). Prior to that fin the Turnback COUNTY shall perform
regular maintenance and repair on that section of existing CSAH 37(Lroni
Naber Avenue to 70"' Street) so that it is in as good condition as other
comparable County Roads within the ininiediate area.
6. COUNTY., ALBERTVILLE,, T. MICHAEL and OTSEGO shall all -each
make a good faith efforts to achieve the specific goals iniposed upon each .
of thein as set forth in this Agreement. All parties shall budget for and
adjust plans so as to meet the specific oals a-&-. imposed upon each of them
as set forth in this Agreement. In the event that one or more than orae of the
Panties becomes aware of unusual circumstances that may delay or hinder
their that Par ability to perform its specific obligations under this
Agreement, t4ey-_Lhqt Partshallininiediately- notify the other
Patti s.
Formatted: Superscript
ForMa Red: Superscript
Formatted: Superscdpt
7. COUNTY, ALBERTVILLE, ST.M104AELand 0"I'SEGO shall enter into
more specific Agreements in the future to CffeCtUatc the terms and
emiditions of this Agreement that are related to and specifically illil2osed
upon them. The future Agreements will include, but not be limited to:
A separate Agreement between TSEGO and COUNTY for
maintenance (snowplowing only of 70th Street (CSA14 19 to
Oakwood Avenue) after its designation as a -County �adState Aid
Highway 37.
V.
nr.9A ntp greeentAer fttyro -Tor application for Stat
4. T11 Lt t %W k 45 m
an and receivin Federal fun dsir iz, through Region 7W, a separate
Agreement for finding and cost sharing between ALBERTVILLE,
COUNTY and OTSE GO related to improvements to CSAH 19
from the Albeilville, Outlet Mall driveway to five hundred (500)
feet north of 70"' Street)) and that poilion of 70"' Street from CSAH
19 to Madver Avenue.
C. A separate Agreement between COUNTY and TSEGO and ST.
MICHAEL relative to the fixture tLimback of the portion of existing
CSAH 37 from the proposed Naber AVC11Ue alignment along 60"'
Street eastward. to the intersection of existing Oakwood Avemie and
70'11 Street.
8. In the event that any sentence, paragraph or poilion of this Agreement is
determined to be invalid by a Court of competent jurisdictimi, the
Agreement shall be revised and interpreted so as to leave the remaining
portion of the Agreement in full force and effect and interpreted as close to
the original intent of the Agreement as possible.
9. This Agreemetit is a full and complete recitation of the Agreeme.nt between
the Pailies. and supersedes any and all previous retevant Agreements
whether written or oral.
10. This Agreemeat is to be construed Under the laws of the State of M i nne so ta.
11. This Agreement is not to be construed strictly against the drafter of the
Agreement.
12. This Agreement can only be amended or changed by written Agreement of
all Parties.
Dated:
COUNTY OF WRIGHT
Chair, County Board
County Coordinator
Dated:
CITY OF ALBERTVILLE
Jillian Hendrickson, Mayor
Kimberly Olson, City Clerk
Dated:
CITY OF ST, MICHAEL
Jerty Zachman, Mayor
Diana Berning, City Clerk
Dated:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
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