ITEM 6.2 Agreement with Wright County, Albertville, and St. Michaelv� Request for
OtSTy 0
C1 e�'O City Council Action
DEPARTMENT INFORMATION
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Lega# II ATf I 0 PA T TENT: RE VEST MEETING DATE:
LegaI Andy MacArthur,. City Attorney, October 28, 2013
P E ENTER(s); REVIEWED BY: ITEM
City Attorney MacArthur Lori Johnson, City Administrator 6.2
AGENDA ITEM DETAILS
RECOMMENDATION:
Council approve proposed Agreement between Wright County and the Cities of Albertville, St. Michael
and Otsego with changes approved by all Cities.
ARE YOU SEEKING APPROVAL of A CONTRACT? 1S A PUBLIC HE RI NG f E UIRED?
'des No
BALI GROUNDfJUSTIF1CATION:
The City Council previously reviewed a proposed Agreement regarding 70TIl Street and change of
jurisdiction after City improvement of 7 01h Street in 2014,. as well as changes inserted by the County,
Albertville and St. Michael to that Agreement. The Agreement also .addresses future proj
ects on CSAH 1
from the Albertville outlet Mall to 70'x' Street, future upgrade of 701h Street from CSAH 19 to 11adver
Avenue, as well as jurisdictional changes of portion the current CSAH 37 at such time as a Taber
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. Changes have been made in the text in response to City Council discussion at the
last meeting where the Council reviewed all of the proposed changes. The final Agreement calls for
Otsego to provide snow and ice control to 70th Street for five gears after execution of the Agreement
(Albertville's proposed language) and references that the County will retain liability on the roadway and
pay for incidental expenses in a separate Agreement between the County and Otsego.
The Agreement was on Albert.ville's agenda last week. It was tabled by the Council apparently in
response to concerns raised by the representative ofa developer with property interests in the
northwest corner of that City. The Albertville Council was positive about the Agreement, but warted to
receive further 'information and have further discussion prior to considering adoption. They will review
the Agreement at a workshop meeting on November ember .
In light of Albertville's tabling the Agreement, St. Michael also tabled the Agreement at their Council
meeting. The St. Michael Council was also positive about the Agreement as written but did not want t
adopt it in ease Albertville subsequently proposes changes.
City staff still recommends adoption of the Agreement as presented. Based upon information received
from Albertville staff regarding the concerns raised by the developer's representative, City staff does not
feel that these concerns would be adversely impacted by the Agreement as presented.
The document has not yet gone in front of the County Board.
SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE
Finan Draft of Agreement between County and Cities with attached Exhibit A.
MOTION: (Please word cath as you would Itke It to appear In the minutes,
Motion to approve Agreement Between Counter of Wright t and Cities of Albertville, Otsego and Sts
Michael Regarding Portions of County State Aid Highway 37 and 70th Street in Otsego with the attached
Exhibit A.
BUDGET INFORMATION
FUNDING: BUDGETED: n YES
!A n NO
4CTION TAKEN
❑
APPROVED AS REQUESTED ❑ DENIED ci TABLED ❑ OTHER (I-Ist changes)
AGENTS;
V
AGREEMENT BETWEEN COUNTY of WRIGHT AND CITIES of
ALBERTVILLE, OTSEGO AND SAINT MICHAEL REGARDING
PORTIONS COUNTY STATE .AI HIGHWAY 317,70"' STREET IN
OTS GO
AGREEMENT this day of , 2013 y and between WRIGHT COUNTY
(COUNTY), a political subdivision of the State of Minnesota and the CITY OF
ALBERTVILLE (ALBERTVILLE), CITY OF OTSEGOTSG , and the
CITY OF ST. NIGRA ST. MICHAEL), all Minnesota Municipal
corporations,,
WHEREAS, COUNTY, A RTVI LE., ST. MICHAEL AND OTSEGO
partnered on the preparation of the Northeast Wright County Transportation Flan
adopted by each City and the COUNTY in 2004 to establish a framework for
future roadway system improvements and functional classification for area
roadways; and
WHEREAS, OTSEGO has commenced a Project to begin construction in 2014
which would provide for construction of new roadway and improvement of
existing roadways from Ma in Pains Avenue NE ( Plat of Martin Paras) to the
intersection of the current 70"' Street with County State .Aid Highway 37 CSS.
3 (approximately 1.85 mi es)in Otsego; and
WHERE .AS, OTSEGO has entered into an .Agreement with COUNTY t
reconstruct a portion of CSAH 37 from its intersection with the current t" Street
at Oakwood Avenue to Olean Avenue (approximately 0,5 miles in 2014 i
conjunction with OTSEGO's 70"' Street Improvement Project; and
WHEREAS, the Counter has applied for and tentatively received approval of $1.53
million in MAP -21 Federal Funds to go toward reconstructing CSAH 37, from
dea .Avenue to TH 101 (approximately 1.7 miles). It is anticipated this work
could be completed in 2017, subject to available County funding for the local
share.
WHEREAS, the possibility of combining the current 'TS Go Project with the
COUNTY 2017 Project on C SAH 3 7 from e Avenue TH 10 I was
considered but not agreed to as it was determined that combination of the Projects
would not result in substantial savings and would impair S GO's need to
utilize existing MSA funds for 2014; and
WHEREAS, OTSEGO and COUNTY have agreed upon the construction of a
roundabout at the intersection of Oakwood Avenue and 70'1' Street C SAH 37 ,
and
WHEREAS, construction of the OTSEGO improvements to 70"' Street will
provide for another direct route from Trunk Highway 101 in the eastern portion of
OTS GO directly to CSAH 19 consistent with its designation (redesignated as
minor arterial per Otsego City's request in 2 12) as a minor arterial route by the
Northeast Wright County Transportation Pian; and
HEREAT COUNTY andOTSEGO agree that once 70"' Street is improved
from Martin Farms Avenue to Oakwood Avenue CSA 3 that this segment
will carry a higher traffic count than the existing o- 1,000 ADS', will serve as a
convenient east west route for residents and others, and is consistent with the
Northeast WrightCounty Transportation Pian; and
WHEREAS, the MOON CSAH Mileage Subcommittee report, dated April 24,
2006 identifies the conditions that this segment of 70"' Street (from CSAH 1.9 to
Oakwood Avenue/ CSAH 37 could be designated a CSAH route; and
WHEREAS, 70"' Street from CSAPI 19 to MacIver Avenue is a ,loin road
between ALBERTVILLE and OTSEGO which was shaped and Paved and
upgraded from a gravel road in 2006 which will require additional future
improvements to have sufficient capacity for projected traffic volumes and the
type of traffic utilizing a minor arterial roadway; and
WHEREAS, ALBERTVILLE has planned for specific public improvements on
CSAH 19 within its City limits including widening and signalization of the
intersection of 70"' Street with CSAH 19 at ALBERTVLLE's northerly City
boundary that will require improvements to CSAH 19 and 701' Street within
O TS G ; and
WHEREAS, COUNTY, ALBERTVILLE and OTSEGO agree that upgrades to
CSAH 19 north of the Albertville outlet Mall driveway in ALBERTVILLE
should be completed as soon -as feasible; and
2
WHEREAS, St. MICHAEL has planned for and received approvals from the
Federal i w Administration related to a proposedextension ofN r Avenue
(future CSAH 22) and construction of an 1-94 freeway interchange at that location
within ST. MICHAEL, at an as yet unspecified date in the future; and
WHEREAS, due to its regional benefit, the Pat -ties are that the interchange
construction and future roadwayconnection from 50t Street (CSAH 1 t "'
Street (future CSA 37) will be funded through a combination of sources; and
potentially including federal, state, county, and local pati erships; and
WH SAS, the Parties agree that upon completion of improvements and
onstr etion of an interchange at Naber Avenue that CSAH 37 fi;om that
intersection eastward to 70"' Street in OTSEGO along 60"' Street and Oakwood
Avenue will operate more as a local street than as a County goad; and
WHEREAS, ST. MIC AL's obligations under this Agreement are specifically
contained in and are specifically limited to the provisions set forth in paragraph
Nos. 5, 6 and 7 c as well as the general provisions of the Agreement set forth in
patagraph Nos. 8,9,10,11 and 12 and;
WHEREAS, the specific roadway segments and Projects referenced in this
Agreement are graphically depicted on the attached Exhibit A.
NOW, THEREFORE oRE the Parties agree as follows:
1. OTSEGO shall construct improvements to 70t" Street Martin Farms
Avenue to Oak -wood Avenue) as well as improvements to CSAH 37
(Oakwood Avenue to Odean Avenue) in 2014 as set forth in Agreement
No. 13-52. OTSEGO and COUNTY agree that combination of the 201
Otsego Project and the 2017 C LNTY Project on CSAH 37 between
dean Avenue and TH 101will not result in substantial savings, and that
OTSEGO will proceed with the current Project as scheduled for 2014; and
the County project will proceed in 2017 (subject to available County/local
funding.
2. Effective upon final completion subject to County acceptance and
MNDOT approval) of said 2014 Otsego improvements, OTSEGO and
COUNTY agree that COUNTY shall take over jurisdiction of 70th Street
from CSAH 19 to Oakwood Avenue and designate the road as County State
Aid Highway 37. The existing segment of CSAH 37, from CSAH 19 to the
intersection ofOakwood Avenue/ "' Street CSS. 3 skull become
County Road 137 at this same time. .
3
. OTSEGO shall continue to provide maintenance (snow and ice control) o
70'h Street (CSAH 19 to Oakwood Avenue) except for the roundabout, after
it is designated as Counter State .did Highway 37 until the earls of: 1) five
years from the date of this Agreement, or 2 the COUNTY, OTSEGO and
ALBERTVILLE enter into another agreement that provides for the
maintenance of this section of CSAH 37, All other maintenance and repairs
on the roadway shall be the responsibility of the COUNTY. The COUNTY
shall continue to provide all maintenance to the nearly designated CR 137,
as described in No. 2 above.
. COUNTY, ALBERTVILLE and OTSEGO shall jointly apply for Region
7W transportation farads in order to improve CSAH 19 from the Albertville
Outlet Mall driveway in Albertville to five hundred 5 feet north of "'
Street in OTSEGO including an upgrade of 70th Street from CSAH 19 to
MacIver Avenue. Cost sharing and construction tuning for this project will
e determined by further negotiation and agreement between the Parties.
. At such time as the proposed Naber .Avenue interchange with 1-94 is
actually constructed and the roadway currently designated as CSAH 37
snow also known as 0t" Street is constructed from the 1-94 interchange
and connects to the roadway that is currently designated as t" Street and
will in the future be designated as CSA 37), the existing CSAH 37 01"
Street) roadway from that proposed Naber Avenue alignment aloe 0t"
Street eastward to the intersection of existingOak-wood venue and 70"'
Street shall be turned back to ST. MICHAEL, and OTSEGO as a City street
within their respective boundaries (the T r a.ck , Prior to the Turnback
COUNTY shall perform regular maintenance and repair on that section of
existing CSAH 37 from Naber Avenue to 70t" Street so that it is in as good
condition as other comparable County Roads within the immediate area.
6. COUNTY, AL ERT ILLE, ST. MICHAEL and OTSEGO shall each
male a good faith effort to achieve the specific goals imposed upon each of
them as set fol h in this Agreement. All parties shall budget f'o an adjust
plans so as to meet the specific goals unposed upon each of them as set
forth in this Agreement, In the event that one or more than one of the
Parties becorries aware of unusual circumstances that may delay or hinder
that Party's ability to perform its specific obligations under this Agreement,
that Party shall promptly notify the other Tallies.
7. COUNTY, ALBERTVILLE, S TMICHAEL and OTSEGO shall enter into
more specific Agreements is inn the future to effectuate the terns and
conditions of this Agreement that are related to and specifically imposed
upon them.. The future Agreements will include, but not be limited to:
a, A separate Agreement between OTSEGO and COUNTY for
maintenance snow and ice control of of 70" Street CSAH 19 to
Oakwood .Avenue) except the roundabout after its designation as
County State Aid Highway 37. The Agreement .t between OTSEGO
and COUNTY shall include provisions wherein the COUNTY
retains all liability for CSAH 37 and will pay for any incidental
expenses (such as mail box replacement) related to OTSEGO's
limited maintenance ce of the roadway.
b. After applying for and receiving Federal funding, t roug Legion
7W a separate Agreement for funding and cost sharing etwee
ALBERTVILLE, COUNTY and OTSEGO related to improvements
to CSAH 19 froma. the Albertville Outlet Mall driveway to five
hundred(d (500) feet north of 70'h Street and that portion of 70th
Street from CSAH 19 to MacIver Avenue.
C. .A separate Agreement between COUNTY and OTSEGO and ST.
MICHAEL relative to the future turnback of the portion of existing
CSAH 37 from the proposed Naber Avenue alignment along 60"'
g g
Street eastward to the intersection of existing Oakwood Avenue and
70"' Street*
. In the event that any sentence, paragraph or portion of this Agreement t is
determined to be invalid by a Court of competent jurisdiction, the
Agreement t shall be revised and interpreted sas to leave the remaining
ing
portion of the Agreement in full force and effect and interpreted as close to
the original intent of the Agreement as possible,
9. This Agreement is a full and complete recitation of'the Agreement between
the Parties and supersedes any and all previous relevant Agreements
whether written or oral.
10. This Agreement is to be construed under the lags of'the State of Minnesota,
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;
5
COUNTY of WRIGHT
Cham•, County Board
County Coordinator•
Dated:
CITY of ALBERT" MLLE
illian Hendrickson, Mayor
Kimberly Olson, City Clerk
Dated:
CITY of ST. MICHAEL
Jerry Zaehma ,Mayor
Diana Berning, City Clerk
Dated:
CI'T'Y of OTSEGO
Jessica Stockam , Mayor
Tari Loff, City Clerk