7.1. - 7.6. SR 11-15-1999
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Items #7.1.-7.6.
River
MEMORANDUM
TO: Mayor & City Council
FROM:
Pat Klaers, City Ad
ator
DATE:
November 15, 1999
SUBJECT: Engineering Items
City Engineer Terry Maurer is on vacation and will not be back until Monday,
November 15. Accordingly, I hope to provide some background information in
this memo on his agenda topics. Terry will have additional information and
handouts for the City Council at Monday's meeting.
7.1.
County Road 12
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In order for the County Road 12 project to move forward, a resolution by
the City Council approving the project is required. The city engineer
should have such a resolution for City Council consideration on Monday
evenmg.
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The city engineer and I have met with the county public works director
and county administrator a number of times over the past 1+ years to
work on a County Road 12 and County Road 13 agreement. It didn't
make sense to either party to look at one project in isolation without
considering the impacts of the other project. Attached for your review is
the October 23, 1998, staff consensus on this project. This consensus
was presented to the City Council in spring 1999, and was recently
accepted by the County Board. I believe the concept as outlined is
acceptable, although it should be noted that the cost of the project has
increased and the city share is now slightly more than $200,000. By
agreeing to pay for part of this project the city is not agreeing with the
county cost sharing policy. In fact, the city is on record as being opposed
to the specifics of the plan. Nonetheless, staff does agree that some city
participation in this project is appropriate. The days of Sherburne
County financing 100 percent of county road improvements in the urban
part of cities is long gone and shifting to some type of city financial
participation is not unreasonable.
13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
Engineering
November 15. 1999
Page 2
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7.2. Discussion on 175th Avenue Improvement Project
It looks like the County Road 12 improvement project is going to take
place in 2000. In turn, the city's plans for improving 175th Avenue will
then be delayed and take place in 2001. Nonetheless, it is appropriate
for the city to begin now with the right-of-way acquisition process, as
this can be a lengthy ordeal. In this regard, please see the attached
quote from Evergreen Land Services (ELS) Company for the cost of
services to assemble the necessary right-of-way. This is the same firm
that has been working with the city for the past few years on the east
Elk River project. Please note that we will be looking to have a fee
purchase of the right-of-way and, therefore, adding $500 per parcel to
the cost of obtaining the property.
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In the not too distant future we need to have a discussion with the City
Council regarding this project. Federal/state funds are being used for
part of this project and a city match is required. Using federal/state
funds means that an audit will be likely and this audit will include a
review of how the right-of-way was obtained by the municipality. In
this regard, staff is leaning toward the approach of offering fair market
value to all the property owners, but also, to assess them for part of the
street public improvement. We can either assess the benefited property
owners at the current front foot rate that is established by city policy
(resolution), or we could assess out based on a "buildable lot" amount
such as what we have done along Tyler Street and Filmore Street.
Additionally we need to review with the City Council the fact that
property to the north of this road is part of the urban service district
and, accordingly, this improvement project should include the extension
oflateral sewer and water. These utility costs cannot be assessed out to
the benefited property owners until 2007, unless they request the
utilities.
The first step in acquiring right-of-way for this project will likely include
sending a letter to the seventeen impacted property owners and holding
a neighborhood meeting on the project.
The requested action for this project is to hire ELS per the attached
quote for land acquisition services.
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Engineering
November 15. 1999
Page 3
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7.3. Update on East Elk River Sewer and Water and Street/Storm
Sewer Projects
The city engineer should be able to provide the City Council with a
verbal update on the status of the east Elk River project. One situation
that needs to be updated is the Klein dewatering problem from this past
summer...All of the right-of-way for the project has been obtained, but
we are still working through the eminent domain process to determine
the price for some of the properties... The street and storm sewer part of
the project is anticipated to be bid out in the near future and the City
Council is expected to consider and award bids before the end of the
calendar year... The City Council has previously been updated on the
George Deschenes property and the relocation of a business. This
includes a plat and the selling of a remnant parcel back to Mr.
Deschenes and this situation continues to progress in a reasonably
favorable manner...An update on the status of the intemal
improvements associated with the Elk River Crossing commercial
project should be available Monday evening along with the status of
work that is required on Highway 169 and Main Street.
. 7.4. Highwav 169/County Road 33 Resolution
Attached for your information is a memo from the city engineer on the
signalization of this intersection and a "preservation of right-of-way"
resolution for your consideration.
7.5. Business Center Drive Extension
Attached for your review is a memo from the city engineer and a
resolution approving an agreement with MnDOT for work on this
project. This project was briefly discussed by the City Council at the
June 28 CIP meeting, and, as Terry Maurer's memo indicates, state
financial participation in the project is anticipated. The land owner has
requested a petition for public improvements, which would seem to
indicate that they are considering this project seriously in 2000, but to
date we have not received this petition back at City Hall. Nonetheless,
it is appropriate for us to continue moving forward with our plans in
anticipation of construction of this project in 2000, and the project can
always be put on hold for one year if necessary.
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Engineering
November 15. 1999
Page 4
7.6. Pedestrian Bridge Update
The Highway 169 pedestrian bridge has recently been painted and this
is a direct result of the nice weather we are experiencing. Initially it
was believed that the painting would not take place until spring. Other
work is still going to be completed in the spring (such as landscaping) so
in spite of the bridge being open for use late this fall, we are not
planning the grand opening until spring. We need to coordinate the
grand opening so that Congressman Oberstar can be present and the
city engineer will be working on the details of this spring event over the
next few months.
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DCT Z 1 J998
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Howard R. Green Company
.CONSULTING ENGINEERS
CllNSl1L1t1 E.\GL\EIlIIS
Formerly MSA
Consulting Engineers
October 23, 1998
File: 800110J-0069
Mr. Dave Schwarting
Sherburne County Engineer
Sherburne County Highway Department
425 Jackson Avenue
Elk River, MN 55330
RE: CSAH 12 AND CSAH 13 IMPROVEMENTS
Dear Mr. Schwarting:
Thank you for taking the time to meet with Pat Klaers and myself Monday afternoon to discuss
the CSAH 12 and CSAH 13 proposed improvements. This letter is intended to document our
conversation. First of all, as we expressed yesterday, the City still has concerns regarding the
County's cost participation policy. We do appreciate the recent change made by the County
Board relative to federal money on projects. We have analyzed the potential policy change
effects on the proposed CSAH 12 improvement, and anticipate the City's cost will be
approximately $150,000.00. Although the City Council does not agree with the County's
adopted cost participation policy, we will present CSAH 12 to the City Council and recommend
adoption of a resolution approving the plans and authorizing City staff to sign them on behalf of
the City Council. This recommendation will be based on the anticipated $150,000 City
contribution and paying for the most westerly urban portion of CSAH 12.
The other issue that we discussed was the Tyler Street and realignment of CSAH 13
improvement that the City is undertaking. As you are aware, we anticipate this project being
built at the same time as the CSAH 12 improvement. There are a number of issues we would
propose to take place, with the construction of the realignment of CSAH 13. They are as
follows:
1. Sherburne County would place its CSAH 13 designation on the newly reconstructed
road, and turn back to the City of Elk River the existing CSAH 13 alignment. The
existing CSAH 13 is in reasonably good shape, having been overlaid in the late 1980's.
However, the new road will be in substantially better shape, and will have a much longer
life cycle, prior to needing any significant maintenance. Therefore, we would ask
Sherburne County to reimburse the City of Elk River the equivalent cost of a 1 %-inch
overlay on the turn-back portion of old CSAH 13.
The City agrees that the construction of the realignment of CSAH 13, including any land
acquisition necessary, will be funded entirely by the City with no contribution from the
County .
2.
O:\PROJ\80011 OJ\0069\11 0-21 02.oct.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 888/368-4389
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Mr. Dave Schwarting
October 23, 1998
Page 2
3. The City will overlay CSAH 13 from the point of the new construction to the intersection
with Tyler Street. This is approximately half of a mile. This again would be at no cost to
the County.
4. The City will install a signal system at the intersection of Old CSAH 13/CSAH 12/Main
Street at no cost to the County.
5. When a signal system is warranted at the intersection of CSAH 12, realigned CSAH 13,
and Tyler Street, the City anticipates that the County will fund 75% of the signal system
and the City will pay 25% of the signal system. This would be based on jurisdiction of
legs entering the intersection.
We would hope that an agreement could be reached on these issues, and the redesignation of
CSAH 13 could take place at the spring Screening Board meeting. This would help with the
timing of the construction. As you are aware, we plan to construct the realignment of CSAH 13
in 1999. If the redesignation can take place, then the existing CSAH 13 can be turned back to
the City, and the roadway can be terminated at the north end to eliminate shortcut traffic.
If you have any questions or need clarification on any of these issues, or would like our
attendance at a County Board meeting, please call.
Sincerely,
Howard R. Green Company
~a<vW
Terry J. Maurer, P.E.
T JM/st
cc: Mr. Pat Klaers, City Administrator
Howard R. Green Company
O:\PROJ\800110j\0069\110-2102.oct.doc CONSULTING ENGINEERS
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RESOLUTION 99 - 86
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION AGREEING TO ENTER INTO A COOPERATIVE
AGREEMENT WITH SHERBURNE COUNTY FOR THE
RECONSTRUCTION OF CSAH 12
WHEREAS, Sherburne County is planning to reconstruct CSAH 12 from
CSAH 13 to the east County line; and
WHEREAS, Sherburne County will receive Federal funds to assist with the
cost of the reconstruction; and
WHEREAS, Sherburne County requires approval from the City of Elk River
prior to proceeding with the reconstruction of CSAH 12.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River, Minnesota:
1.
The City of Elk River hereby approves of the reconstruction of CSAH
12 from CSAH 13 to the east county line.
2. The City of Elk River agrees to enter into a cooperative agreement
with Sherburne County for the payment of a portion of the
construction cost. It is the City's understanding that Federal dollars
will be prorated between the City and County shares.
Passed and adopted by the City Council of the City of Elk River this 15th day
of November, 1999.
Stephanie Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
s: \ DOCUMENT \RESOLUTI \CSAH12.DOC
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RESOLUTION 99-87
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION INDICATING THE CITY OF ELK RIVER
INTENT TO WORK IN PARTNERSHIP WITH MNIDOT
IN PRESERVING RIGHT-OF-WAY ALONG THE
TRUNK HIGHWAY 169 CORRIDOR
WHEREAS, Mn/DOT has identified Trunk Highway 169 through Elk River
has an Inter-Regional Corridor; and,
WHEREAS, the purpose of an Inter-Regional Corridor classification is to
identify corridors for future preservation or traffic flow and
capacity by maintaining a freeway design standard; and,
WHEREAS, in order to maintain a freeway design standard, Mn/DOT will
have to acquire right-of-way in the future for interchanges
along Trunk Highway 169.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
. Elk River, Minnesota:
1. The City Council intends to work in partnership with Mn/DOT in
preserving the right-of-way along the Trunk Highway 169 corridor for
future interchanges.
Passed and adopted by the City Council of the City of Elk River this 15th day of
November, 1999.
~a~
Stephanie Klinzing, Mayor
ATTEST:
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Sandra A. Peine, City Clerk
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CSAH13-FUND
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REALIGNED CSAH 13
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COUNTY ROAD NO. 12
CITY OF ELK RIVER-SHERBURNE COUNTY
CSAH 12/CSAH 13 FUNDING AGREEMENT
I-bJva"d R. G-een Cornpa-ly
CONSULTING ENGINEERS
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EVERGREEN LAND SERVICES CO.
6110 BLUE CIRCLE DRIVE, SUITE 140
MINNETONKA, MN 55343
(612) 930-3100. Fax (612) 935-0862
Watts (888) 411-1134
October13, 1999
Mr. Pat Klaers
Administrator
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
Re: 175th Avenue Improvements
Land Acquisition
You have requested that we provide you with an estimate of cost to negotiate with the 17
property owners for right of way for 175th Avenue improvements.
There are currently prescriptive rights for a portion of the road, but additional rights are
needed for the improvements.
Evergreen Land Services Company (ELS) will perform the following duties:
· Perform Minimum Damage Assessments for acquisitions under $5,000.00.
. Prepare acquisition file.
· Negotiate with landowners to secure necessary documents.
· Assist City Attorney if condemnation is necessary.
· On fee acquisitions, arrange for and assist closing agent in closing's.
Preliminary title has been secured by Howard R. Green as well as the descriptions,
easement documents and exhibits. If the parcels are to be secured in fee, ELS will prepare
the Purchase Agreements. The closing statements and deeds will be prepared by the Title
Company that handles the closing's. If Uncomplicated Appraisals are required they will be
secured from Patchen Messner Appraisals and those costs are not a part of our estimate.
successfully serving Our ,. 2
c .ents since 197
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ELS can preform the tasks listed above for a cost estimated at between $1,500.00 to
$2,000.00 per parcel. For 17 parcels that places the range between $25,000.00 and
$34,000.00. If fee purchases are necessary these costs will go up by $500.00 per parcel for
closing's costs.
The schedule outlined by Terry Maurer in his letter to you dated September 20, 1999 is
realistic and can be met by us. We look forward to continue success in working with you
and your staff.
If you have any questions please call. Again thank you.
fi1utt 1M- ~
Stuart "Bud" Storm, SR/W A
President
. cc: Terry Maurer
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Howard R. Green Company
CONSULTING ENGINEERS
November 1, 1999
File: 230000M-0325
Mr. Pat Klaers
City Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: 1.H. 169/C.R. 33 INTERSECTION SIGNALIZATION
Dear Mr. Klaers:
Attached is a copy of a letter I received from Tom Dumont, Assistant District Traffic Engineer for
Mn/DOT regarding the signalization of the intersection of 1. H. 169 and C. R. 33. The letter
indicates that Mn/DOT has programmed a temporary signal at the intersection with fiscal year
2001 funds. Fiscal year 2001 begins July of 2000 and that is when they anticipate letting a
contract. Mr. Dumont's letter goes on to indicate that the reason the signal would be considered
temporary is because 1.H. 169 has been identified as an Inter-Regional Corridor (IRC). This
IRC classification was intended to preserve corridors of major traffic flow and to attempt to
institute a freeway design standard. In other words, Mn/DOT is anticipating at some date
acquiring additional right-of-way and constructing interchanges along the 1. H. 169 corridor.
With this information as background, Mn/DOT has requested that the City Council pass a
resolution acknowledging their intent to work in partnership with Mn/DOT in preserving right-of-
way for future interchanges. They refer to this resolution as a "good faith" resolution from the
City of Elk River. Based on this request, I have prepared the attached resolution for the City
Council's consideration.
Mr. Dumont's letter also discusses the financing of the proposed temporary signal, he indicates
that the funding would be 50% Sherburne County and 50% Mn/D01. The City has no financial
requirement in the construction of this signalized intersection.
If you have questions regarding any of this information please call.
Sincerely,
Howard R. Green Company
C-;--'
~uyP~~d
Terry J. Maurer, P.E.
\\SPNWFS\vOL 1 \DA T A\PROJ\230000M\0325\th169.cr33signal 0104. nov99 doc
1326 Energy Park Drive. 81. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389
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Minnesota Department of Transportation
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MnDOT
3725 12th Street North
St. Cloud, MN 56303
Office Tel: (320) 654-5105
Fax: (320) 255-2178
October 19, 1999
Terry Maurer
1326 Energy Park Drive
St. Paul, MN 55108
Subject: TH 169/CR 33 signal
CS 7106
Dear Terry:
In response to the recent signal warrant study and local interest to have the intersection at Trunk Highway (TH) 169
and County Road 33 signalized, I am please to announce that MnDOT will design and let a temporary signal
construction project with fiscal year 2001 funds. We currently anticipate that contract approval and construction
would begin in July of2000.
As we discussed, this section of TH 169 has been identified as an Inter-Regional Corridor (IRe). The purpose of
the IRC's classification is to identify corridors for future preservation oftraffic flow and capacity by maintaining a
. freeway design standard. Due to the IRC classification on TH 169 future signal system installation is discouraged.
Although signal systems are discouraged on IRC's, MnDOT agrees that it is currently in the publics best interest to
install a temporary signal system as an interim safety measure. As a condition, prior to programming the signal
system, MnDOT is requesting that the city pass a resolution acknowledging their intentions to work in partnership
with us in preserving the R/W for a future interchange. We anxiously await this good faith resolution from the city.
It's is our understanding at this time that Sherburne County would be able to fund 50% ofthe project with fiscal year
2001 funds. If the county approves this expenditure a system could be installed in July 2000. MnDOT would need
a resolution from the county stating their desire to participate in this endeavor also.
I hope this letter meets with your approval. If you have any questions please feel free to contact me.
Sincerely,
~?~~
Thomas L. Dumont
Assistant District Traffic Engineer
cc:
Don Raisanen/Kreutzer
Gary Dirlam/Buss
Terry Humbert
. Dave Schwarting - Sherburne County
Pat Klaers - Elk River City Administrator
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RESOLUTION 99 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION INDICATING THE CITY OF ELK RIVER
INTENT TO WORK IN PARTNERSHIP WITH MNIDOT
IN PRESERVING RIGHT-OF-WAY ALONG THE TRUNK HIGHWAY 169
CORRIDOR.
WHEREAS Mn/DOT has identified Trunk Highway 169 through Elk River has an Inter-Regional
Corridor; and
WHEREAS the purpose of an Inter-Regional Corridor classification is to identify corridors for
future preservation or traffic flow and capacity by maintaining a freeway design
standard: and
WHEREAS in order to maintain a freeway design standard, Mn/DOT will have to acquire right-of-
way in the future for interchanges along Trunk highway 169
NOW, THEREFORE, BE IT RESOLVED by the City of Council of the City of Elk River, Minnesota:
1. The City Council intends to work in partnership with Mn/DOT in preserving the right-of-
way along the Trunk Highway 169 corridor for future interchanges.
Passed and adopted this 15 day of November, 1999 .
Stephanie Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
\\SPNWFS\VOL 1 \DA T A \PROJ\230000M\0325\resolution. nov99.doc
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Howard R. Green Company
CONSULTING ENGINEERS
October 20, 1999
File: 807650J-0060
Mr. Pat Klaers
City Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: WESTERN AREA PHASE FOUR IMPROVEMENTS
Dear Mr. Klaers:
As you are aware, we have begun the initial design on the Western Area Phase Four
improvements. These improvements would extend Business Center Drive to Waco Street,
realign Waco Street with TH. 10, signalize this new intersection, close the existing Waco Street
intersection with TH. 10 and the TH. 10 opening at the Sherburne County Administration
Building. Along with the street and highway improvements this project would include sanitary
sewer, watermain and storm drainage improvements. The City has previously discussed with
Mn/DOT the benefit to the trunk highway system of closing the two access points onto 1. H. 10
and opening and signalizing the new intersection for Waco Street with TH. 10. Mn/DOT has
committed to participating in the street and storm drainage costs through a cooperative
agreement process.
In order to initiate this cooperative agreement process and to reserve monies with Mn/DOT, the
City Council needs to adopt the attached resolution. We have briefly discussed financing with
Mn/DOT and it is our understanding that there would be funds available in fiscal year 2001,
which starts July of 2000.
If you have any questions regarding this resolution or this project please call.
Sincerely,
Howard R. Green Company
~. {J-;
;:tu~~?YIc:u~~u
Terry J. ~~er, P.E.
Enclosure
\\SPNWFS\VOL 1 \DA T A\PROJ\807650\0060\klaers-2003oct99.doc
1326 Energy Park Drive. St. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389
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PETITION FOR LOCAL IMPROVEMENT
City of Elk River
State of Minnesota
November 12
. 19 ~
To the City Council of Elk River. Minnesota:
WE. THE UNDERSIGNED OWNERS of (all) (not less than 35 percent in
frontage) of the real property described as: W~ of the SE~ EX N 660 ft
of E 660 ft lying S Hwy 10 amd W 66 ft of E 753 ft; E~ of SW ~ all in 31-33-26
hereby petition. pursuant to Minnesota Statutes, Chapter 429. for the
following public improvements:
Extension of Business Center drive from Sherburne County Courthouse to Waco
Street: extension of proper utilities to service the:development of this property
EACH OWNER FURTHER AGREES. in consideration of the City action at our
request to cause construction of the above-described improvement, to pay
such sums as may be determined by the City to be a fair and reasonable
apportionment of the costs of said improvement.
OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to
the making of the improvement or assessment of the cost thereof; waives any
claim that the amount thereof levied against owner's property is excessive;
and waives all rights of appeal in the courts.
Date
1. 11-12-99
2.
3.
4.
5.
6.
7.
8.
9.
10.
Signature
~ owner~
( . 't~1:'
Print Name Description of
of Owner Property
Stewart T. Wilson See Above
Examined. checked. and found to be in proper form and to be signed by
the owners of the above-stated quantity of property affected by the making
of the improvement petitioned for. .
City Clerk
A-5
OMB
~SIGN
MINNESOTA DEPARTMENT OF TRANSPORTATION
CITY OF ELK RIVER
SECTION 31, T33N R26W
CONSTRUCTION PLAN FOR GRADING, AGGREGATE BASE, BITUMINOUS,
CONCRETE CURB AND GUTTER, STORM SEWER, SANITARY SEWER,
WATERMAIN AND STREET LIGHTING
BUSINESS CENTER DRIVE, WACO STREET AND 185TH AVENUE
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, or THE MINNESOTA OEPARTMENT or TRANSPORTATION
InCA TlON FOR CONSTRUCTION" TOGETHER WI TH
5PEonCATIONS' DATED MAY 2. 1994. SHALL GOVERN.
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CONSULTING ENGINEERS
PROJECT LOCA 11 ON
COUNTY: SHERBURNE
DISTRICT: BRAINERD
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RESOLUTION 99 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION APPROVING A LOCAL INITIATIVE
AGREEMENT WITH MN/DOT FOR THE CONSTRUCTION OF
BUSINESS CENTER DRIVE, WACO STREET AND HIGHWAY
IMPROVEMENTS TO TRUNK HIGHWAY 10.
WHEREAS, the City of Elk River proposes to make certain improvements to a portion of Trunk
Highway 10 within the city limits of Elk River, Minnesota consisting of the
extension of Business Center Drive, the realignment of Waco Street, and the
signalization of a new intersection of Waco Street with Trunk Highway 10; and
WHEREAS, these proposed improvements will allow the closure of the existing Trunk Highway
10 median opening at the old Waco Street alignment and the closure of the median
opening at the Sherburne County Government Center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota:
1. The City of Elk River shall be responsible for preliminary engineering, project design,
environmental documentation, right-of-way acquisition, permitting functions and contract
administration for set improvements.
2. Following approval by the Minnesota Department of Transportation of plans and specifications
for said improvements, and before the contract letting for the construction of said improvements,
the Minnesota Department of Transportation shall prepare an agreement to provide for the State
to pay its share of the costs of the improvement in accordance of the latest "Procedures for
Cooperative Construction Project with Municipalities" (a copy of which has been received by
the City).
Passed and adopted this 8th day of November, 1999 .
Stephanie Klinzing, Mayor
ATTESTED:
Sandra A. Peine, City Clerk
I ISPNWFSI VOLl IDA T A IPROJ180855OJI03251Resolution-2005 .oct99 .doc