ITEM 3.7 70th STi-0 Request for
TY 0
Ot C1 e F g0 City Council Action
MINNESOTA
DEPARTMENT INFORMATION
ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE -
Legal I Andy MacArthur, City Attorney, December 9.,2013
PRE SENTER( s): REVIEWED BY: ITEM #-.
City Attorney MacArthur Lori Johnson, City Administrator 3.7
AGENDA ITEM DETAILS
REM=
RECOMMENDATION:
Council approve proposed Supplemental Agreement between Wright County and the City of Otsego
regarding additional City maintenance to 70th Street.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes I No
BACKGROUNDMUSTiFICATION:
The City Council previously reviewed and approved a proposed Agreement regarding 7 OTH Street and
change of jurisdiction after City improvement of 70th Street in 2014, as well as changes inserted by the
County, Albertville and St. Michael to that Agreement. The Agreement also addresses future projects on
CSAH 19 from the Albertville Outlet Mail to 70th Street, future upgrade of 70th 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.
All included cities have approved the or161nal Agreement. The Agreement was brought up at a recent
Wright County Transportation Subcommittee meeting and was subsequently tabled after much
discussion, mostly related ttsego's obligation to snow plow the road.
After that meeting, a member of the County Board appeared at the last Otsego City Council meeting and
suggested that the County might be more receptive to the Agreement if the period of City snow removal
and ice control would be extended. At that meeting it was determined that this would best be
accomplished through a separate Agreement between Otsego and Wright County since the original
Agreement had already been approved and signed by the other affected cities.
Attached is draft Agreement which would extend Otsego"s obligation to provide snow and ice control, on
7011 Street an additional 10 years beyond the five years contained in the original Agreement or until the
County turnbacks a portion of the existing CSAH 37 to Otsego and St. Michael upon construction of the
Naber Avenue 1-94 interchange. Wright County would retain liability for the roadway and would provide
for other maintenance beyond snow and ice control.
City staff recommends adoption of the Agreement as presented. Hopefully, the original Agreement and
this supplemental Agreement will come before the County Board prior to the end of this year.
SUPPORTING DOCUMENTS' x ATTACHED ii NONE
0 Final Draft of Supplemental Agreement between Wright County and City of Otsego.
0 Draft Agreement with Wright County comments.
MOTION: (Please word motion as you would like it to appear In the minutes.)
Motion to approve Supplemental Agreement between County of Wright and City of Otsego Regarding
Portions of County State Aid Highway 37 and 70th Street in Otsego.
BUDGET INFORMATION
FUNDING, I BUDGETED: ci YES
ACTION! TAKEN
ci APPROVED AS REQUESTED o DENIED oTABLED ci OTHER (List changes)
COMMENTS:
AGREEMENT BETWEEN THE CITY OF TS GO AND WRIGHT
COUNTY RELATING TO SNOW AND ICE CONTROL ON 70"' STREET
NE AFTER JURISDICTIONAL CHANGE
THIS AGREDN I T entered into this day of December, 2013 by and
between the City of Otsego (CITY), a Minnesota Municipal Corporation and the
County of Wright (COUNTY), a political subdivision of the State of Minnesota.
WHEREAS, the Parties and others have entered into that certain AGREEMENT
BETWEEN COUNTY OF WRIGHT AND CITIES OF ALBERTVILLE,
OTSEGO AND SAINT MICHAEL REGARDING PORTIONS OF COUNTY
STATE AID HIGHWAY 37, 70Th STREET IN OTSEGO dated. December,
2013; and
WHEREAS, No.3 of that Agreement provides that CITY shall contillue
maintenance (snow and ice control) on 70t" Street (CSAH 19th. to Oakwood
Avenue), except for the roundabout, after its designation as County State Aid
Highway 37, , until the earlier of 1) five years from the date of the Agreement or
2) the COUNTY, OTS GO and ALBERTVILLE enter into another agreement
that provides for maintenance of this section of CSAH 37, with all other
maintenance and repairs on the roadway the responsibility of the COUNTY; and
WHEREAS, No. 7, a of the Agreement provides for a separate Agreement
between CITY and COtJNTY regarding the maintenance (snow and ice control
only) of 70'11 Street (CSAH 19 to Oakwood Avenue, except the roundabout, after it
designation as County State Aid Highway 37; and
WH I EiRl ClAS, CITY and COUNTY have agreed to extend the time period for
maintenance of that segment of the road in this separate Agreement.
NOW, THEREFORE the Parties agree as follows:
1. CITY shall extend the time period in which it will continue maintenance
(snow and ice control) to the earliest of an additional ten (10) years or more
(up to fifteen (15) years from the date when the County assunies
jurisdiction over the roadway) beyond the five year period set forth ill the
original Agreement or until such time as, pursuant to No. 5 of the original
Agreement, the proposed Naber Avenue interchange with 1-94 is actually
constructed and that portion of CSAH 37 (redesignated as County Road 37)
from the Naber Avenue alignment to the intersection of existing Oakwood
Avenue and 70t" Street is turned back to CITY and St. Michael.
2. During the time period in which CITY provides maintenance (snow and ice
control) to the segment of redesignated CSAH 37 from CSAH 19 eastward
to existing Oakwood Avenue, COUNTY shall be responsible for all other
maintenance and repairs of the roadway.
3. During that same tinge period, COUNTY shall have jurisdiction and
liability for that portion of redesignated CS.AH 37, and shall hold harmless,
defend and indemnify CITY, its officers, agents and employees from any
and all claims or causes of action of whatever nature related to the roadway
except for claims or causes of action used upon intentional, criminal or
grossly negligent conduct of the CITY its officers, employees or agents.
4. During that time period, COtJTTY shall be responsible for incidental
expenses (such as mail box replacement) claimed as a result of the limited
maintenance of the County Road by the CITY.
5. In the event that any sentence, paragraph or portion of this Agreement is
determined to be invalid by a Court of coinpetentjurisdiction, 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 Agreementas possible.
6. This Agreement is a full and complete recitation of the Agreement between
the Parties and supersedes and modifies the previous Agreement between
the Parties as set forth above.
7. This Agreement is to be construed under the laws of the State of Minnesota.
8. This Agreement is not to be construed strictly against the drafter of the
Agreement.
9. This Agreement can only be amended or changed by written Agreement of
both Patties.
Dated:
COUNTY OF WRIGHT
2
Chair, County Board
County Coordinator
Dated:
CITY OF OTSEGO
Jessica Stamp, Mayor
Tami Loff, City Clerk
Ti Loff
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Good afternoon Andy,
Virgil Hawkins <Virgil. Hawkins&o,wricght,rnn,us>
Thursday, December 06, 2013 3:55 PM
Andy MacArthur
Lori Johnson; Tauri Loff; Dan Licht; Ron Wagner; Mark W. Daleiden; Michael J, Potter; Patrick
Sawatzke; Christine A. Husom; Charles P. Sorrell; Brian Asleson; Chad D. Hausmann; Steve
Meyer
RE, Otsego- County Supplemental Agreement
S KM BT—C4 521312 0 5163 6 0. pd f
Follow up
Flagged
Please see the attached Agreement with our staff comments. With the changes made, as marked in red, we could
support recommending approval of this Supplemental Agreement to the County Board.
Thanks, Virgil.
Virgil Hawkins, P.E.
County Engineer
Wright County Highway Department
1901 Highway 25 North
Buffalo, MN 55313
763.682.7388
virgil.hawkins@co.wi-ight,tiin.us
AGREEMENT BETWEEN N THE CITY OF OTSEGO AND WRIGHT
COUNTY RELATING TO SNOW AND ICE CONTROL ON 70"' STREET
NE AFTER JURISDICTIONAL CHANGE
THIS AGREEMENT entered into this (lay of December, 2013 by and
between the City of Otsego (CITY), a Minnesota Municipal Corporation and the
County of Wright (COUNTY), a political subdivision of the State of Minnesota.
WHEREAS, the Parties and others have entered into that certain AGREEMENT
BETWEEN COUNTY OF WRIGHT AND CITIES OF ALBERTVILLE,
OTSEGO AND SAINT MICHAEL REGARDINGR` rIONS OF COUNTY
STATE AID HIGHWAY 37,70T11 STREET IN OTSIEGO dated December,
2013; and
WHERE, AS, No. of that Agreement provides that CITY shall continue
maintenance (snow and ice control) on 70t" Street (CSA H 19th to Oakwood
Avenue),cxcopt- or the roundabout, after its designation as County State Aid
Higliway71,; un the earlier of 1) five years from the date of the Agreement or
2) the C09�4y, TSEGO and ALBERTVILLE enter into another agreement
that provides for maintenance of this section of CSAH 37, with all other
maintenance and repairs on the roadway the responsibility of the COUNTY; and
WHEREAS, No. 7, a of the Agreement provides for a separate Agreement
be,twccn CITY and COUNTY regarding the maintenance (snow and ice control
only) of 70"' Street (CSAI-I 19 to Oakwood Avenue, except the roundabout, aft ?� 'it,
� ':� -� -
designation as County State Aid Highway 37; and
WHEREAS, CITY and COUNTY have agrced to extend the time period for
maintenance of that segment of the road in this separate Agreement.
NOW, THEREFORE the Parties agree as follows:
1. CITY shall extend the tinic period in which it will continue maintenance
(snow and ice control) to the earliest of an additional ten (10) years or more
(up to fifteen (15) years from the date when the County assumes
jurisdiction over the roadway) beyond the five year period set forth in the
original Agreement or until. such thue as, pursuant to No. 5 of the original
Agreen-tent, the proposed Naber Avenue interchange with 1-94 is actually
consti-acted and that portion of CSAH 37 (redesignated as County Road 37)
from the Naber Avenue alignment to the intersection of existing Oakwood
Avenue and 70"' Street is turned back to CITY and St. Michael.
2. During the time period in which C1"1'Y provides maintenance (snow and ice
control) to the segment of redesignated CSAH 37 froin CSAH 19 eastward
to existing Oakwood Avenue, COUNTY shall be responsible for all other
maintenance and repairs of the roadway.
3. During tha t same time p crio d, COUNTY shall have jun'sdicti and
liability for that portion of redesignated CSAH 37, and shall hold harmless,
defend and indeninify CITY, its officers, agents and employees from any
and all claims or causes of action of whatever nature related to the roadway
except for claims or causes of action based upon intentional, criminal or
grossly negligent conduct of the CITY its officers, employees or agents.
4. During that tilne period, COUNTY shall be responsible for incidental
expenses (such as snail box replacement) claimed as a result of the lin-lited
maintenance of the County Road by the CITY(71
5. In the event that any sentence, paragraph or portion of this Agreen-ient is
determined to be Invalid b y a Court o f c o mp etent juri,s ii c tion, the
Agreement shall be revised and interpreted so as to leave the reinaining
portion of the Agreement in full force and effect an interpreted as close to
the original intent of the Agreement as possible,
6. This Agreement is a full and complete recitation of the Agreement bctween
the Parties and supersedes and modifies the previous Agreement between
the Parties as set forth above.
7. This Agreen-ient is to be construed under the laws of the State of Minnesota.
8. This Agreement is not to be construed strictly against the drafter of the
Agreement,
9. This Agreement can only be amended or changed by written Agreement of
both Parties.
Dated:
COUNTY OF WRIGHT
2