Loading...
4.3. SR 12-16-2019 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 4.3 Agenda Section Meeting Date Prepared by Consent December 16, 2019 Jenna Fabish P.E.,Assistant City Engineer Item Description Reviewed by Trunk Highway 10 Reconstruction Municipal Justin Femrite P.E.,Public Works Director Consent— Call For Public Hearing Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion, a resolution scheduling a Public Hearing for municipal consent of the final layout for the Trunk Highway 10 reconstruction from Xenia Avenue to 41h Street and the trail construction from Simonet Drive to Lowell Avenue (State Project (SP) 7102-135). Background/Discussion In July of 2019, staff provided an update on SP 7102-135. The first public open house for the project was held on Wednesday September 18, 2019,in conjunction with the CSAR 1 (Proctor Avenue) open house. Pursuant to Minn. Stat. § 161.163, municipal consent is required for any trunk highway project that alters access,increase or reduce highway traffic capacity or require acquisition of permanent rights-of-way. State Project 7102-135 will include the access alterations for Oxford and Norfolk Avenues. The city's approval (municipal consent) is required since the project requires local access alterations. Pursuant to Minn. Stat. § 161.164, the city shall schedule and conduct a public hearing for SP 7102-135. The public hearing would be scheduled for Tuesday,January 21, 2020. The project is tentatively planned for a bid opening in December 2020 followed by construction in 2021. Financial Impact None at this time Attachments ■ SP 7102-135 Municipal Consent Letter from MnDOT ■ Resolution The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAMIRE1 MIDEPARTMENT OF TRANSPORTATION District 3 3725 12th Street North St. Cloud, MN 56303 11/21/19 Justin Femrite Public Works Director/Chief Engineer City of Elk River 13065 Orono Parkway, Elk River, MN 55330 RE: Request for City Approval (Municipal Consent) of the Final Layout for SP 7102-135 Dear Mr. Femrite MnDOT is proceeding with plans to complete State Project 7102-135, TH 10 reconstruction from Xenia Ave to 4th Street in Elk River and trail construction from Simonet Drive to Lowell Ave. In accordance with Minnesota Statute 161.164, 1 am submitting for City approval the project's Final Layout, identified as Layout No. 1, S.P. 7102-135. The City's approval (municipal consent) is required for this project because it alters access of both Oxford Avenue and Norfolk Avenue to TH 10. Municipal consent of MnDOT projects is described in Minnesota Statutes 161.162 through 161.167 (attached). Approval or disapproval of the final layout is by resolution of the City Council. (A sample resolution is attached). However, if the City neither approves nor disapproves the final layout within 90 days of the public hearing, the layout is deemed approved (per MN Statute 161.164). The deadlines (per MN Statute 161.164) for the City's responsibilities regarding municipal consent of the attached layout are as follows, based on a submittal date of the final layout to the City of 11/21/19: • Within 15 days of receiving the final layout, schedule a public hearing (by 12/06/19). • Within 60 days of receiving the final layout, conduct the public hearing (by 01/21/19). • Provide at least 30-days' notice of the public hearing. • Within 90 days of the public hearing, approve or disapprove the layout by resolution. MnDOT will attend the public hearing to present the final layout and answer questions, as required by statute. An Equal Opportunity Employer O 0 00- © © O Page 2 of 3 Project Purpose The highway needs reconstruction to address grading, pavement, curb and gutter, ADA and storm sewer issues. Project Description TH 10 reconstruction from Xenia Ave to 4th Street in Elk River and trail construction from Simonet Drive to Lowell Ave. Other activities include: Close Oxford Ave and Norfolk Ave to TH 10. Remove left turn lane to Norfolk Ave. Add second left turn lane and extend turn lanes at Proctor Ave for east bound traffic. Upgrade ADA (Peds & crossings) at Proctor Ave and Upland Ave. Replace signals at Proctor Ave. and Upland Ave. Construct right turn lane on Proctor Ave for north bound traffic (requested by city). Extend street lighting from Proctor Ave to Upland Ave (requested by city). Planned Project Schedule The project is schedule for a 12/18/2020 letting with construction beginning spring/summer 2021. The construction is planned to be completed in 2021. During construction, TH 10 will be reduced to one lane of traffic for east bound while maintaining two lanes of traffic for west bound. City's Estimated Project Costs Some project costs are the City's responsibility, as detailed in MnDOT's cost participation policy. (See the policy and the Cost Participation and Maintenance with Local Units of Government Manual at MnDOT's this website: http://www.dot.state.mn.us/policy/financial/fmO11.html). Attached is MnDOT's current estimate of the City's costs for S.P. 7102-135. The estimate includes costs for signal replacements at Proctor Avenue and Upland Avenue, right turn lane construction for north bound traffic on Proctor Avenue and street lighting replacement and new installations. As shown on the attached, the City of Elk River's total cost participation for SP 7102-135 is currently estimated to be $200,000-$250,000. This estimate does not include engineering, city utility work or trail lighting costs. The total project cost is estimated to be $8,900,000. This project will involve a turn-back of 4th Street NW from Morton Ave to TH 10 once all construction is completed. Image attached. An Equal Opportunity Employer O 0 00" Page 3 of 3 City's Maintenance Responsibilities The City of Elk River will be responsible for the maintenance of all lighting and minor maintenance of the sidewalks and trails, storm sewer and signal systems. Minor maintenance of sidewalks and trails includes snow removal, sweeping, crack repair, and other minor items. Please feel free to contact me if you have any questions about this submittal. Sincerely, Russell Fellbaum Project Manager District 3 Project Development 3725 12t' St. North St. Cloud, MN 56303 Direct: 320-223-6536 Attachments: 4th Street NW turn-back Estimated City Project Costs Sample City Resolution MN Statutes 161.162 - 161.167 Final Layout for SP 7102-135, dated 06/25/2019 An Equal Opportunity Employer O 0 ome, 0 C 0 (5 0 MN 3AV 1�31YO1 � O6 BS+OZ6I •ld ,�.. q, � N �J S o gr f P Q C• �+ O O N K L� p CD Q os. , D JMN 3AV N018014 LLJ CD LLJ / M y J � / H 0 I �y c , `p s o6 ' j H Q O Y H H w..., e -- p 0 / � I -i N I, -:t m N m t 00 76 Ln m O c-I c-I w N c-I O +' Ln M N N N to Ol to 0 v)' v)- c-I N c-I M M M a-+ {/)- c-I U qj)' N O L a- (i) (i) r I M O O O Ln Rt O U V), V), to to M N V)- M 'L V), V), V)- V), {/)- d _ A, f6 C: O D to M c-I M M m c-I I- l0 00 ci N to N N 4:1: O O O O O c-I I- O Ln M N M O M Ln rl c I Ol N f6 N E O 4, N Z Ln LLI O o 0 bio Q N N s ,U O O h0 J fCy O O O O +, O O O O LnLnO (, N N Ln O O O O O O m > ar O O O O O z tA O O 00 O 00 N O O O O O O tD Q V O O to O Y Ln Ln M to m r, r I to N 0 .11_ V N 4, +' LL U- Z Z LL LL. O N J O O U J N U 0-1 � � a V O Ln L M L r-I 4- 4 x N X OC: � N C J O O N L L U ULn Ln E aEi �_ +� bioc V) U s (D cL6 N U U (6 N Q � -aN w 11) a) mc: Ln (6 (6 f6 f6 z CCA U -0LnN m m C: C N 0 +' N a-' N N Q U U N N to C7 a ago (�( L L L J a) a) 6) � L 06 U L O O +� > > Q Q 00 U C 0A oo E E f Q N U Q Q d =1 = N 00 m Rt to RESOLUTION NO. Resolution for Layout Approval At a Meeting of the City Council of the City of held on the_day of 20_, the following Resolution was offered by and seconded by to wit: WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project XXXX.XX on Trunk Highway XX, from to within the City of for improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.162 to 161.167: and WHEREAS,said final layout is on file in the District X Minnesota Department of Transportation office, CITY, Minnesota, being marked as Layout No. XXXX, S.P. XXXX-XX, from R.P. XX+xxx to XX+xxx. NOW, THEREFORE, BE IT RESOLVED that said final layout for the improvement of said Trunk Highway within the corporate limits be and is hereby approved. Upon the call of the roll the following Council Members voted in favor of the Resolution: The following Council Members voted against its adoption: ATTEST: Mayor Dated 20_ State of Minnesota County of City of I do hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of , Minnesota at a duly authorized meeting thereof held on the day of 20_, as shown by the minutes of said meeting in my possession. (SEAL) City Clerk Minnesota Statutes 161 . 162 — 161. 167 161.162, 2013 Minnesota Statutes Page 1 of 1 2013 Minnesota Statutes 161.162 DEFINITIONS. Subdivision 1.Applicability.The terms in sections 161.162 to 161.167 have the meanings given them in this section and section 160.02. Subd.2.Final layout. (a) "Final layout" means geometric layouts and supplemental drawings that show the location, character,dimensions, access,and explanatory information about the highway construction or improvement wort:being proposed. "Final layout" includes,where applicable,traffic lanes, shoulders, trails, intersections,signals, bridges, approximate right-of-way limits,existing ground line and proposed grade line of the highway,turn lanes,access points and closures,sidewalks, proposed design speed, noise walls,transit considerations,auxiliary lanes, interchange locations, interchange types,sensitive areas, existing right-of-way, traffic volume and turning movements, location of storm water drainage, location of municipal utilities, project schedule and estimated cost, and the name of the project manager. r' (b) "Final layout" does not include a cost participation agreement. For pill-poses of this subdivision "cost participation agreement" weans a document signed by the commissioner and the governing body of a municipality that states the costs of a highway construction project that will be paid by the municipality. Subd.3. Final construction plan. "Final construction plan"means the set of technical drawings for the construction or improvement of a trunk-highway provided to contractors for bids. Subd.4. Governing body. "Governing body" means the elected council of a municipality, Subd. 5. Municipality. "Municipality" means a statutory or home rule charter city. History: 2001 c 191 s 3; 2002 c 364 s 3 Copyright © 2013 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved. https://www.revisor.mn.gov/statutes/?id=161.162 8/11/2014 161.163, 2013 Minnesota Statutes Page 1 of 1 2013 Minnesota Statutes 161.163 HIGHWAY PROJECT RE,VIEW. Subdivision 1.Projects requiring review. Sections 161.162 to 16I.167 apply only to projects that alter access, increase or reduce highway traffic capacity,or require acquisition of permanent rights-of-way. Subd.2.Traffic safety measures.Nothing contained in sections 161.162 to 161.167 limits the power of the commissioner to regulate traffic or install traffic-control devices or - other safety measures on trunk highways located within municipalities regardless of their impact on access or traffic capacity or on the need for additional right-of-way. Subd.3.Construction program.Nothing contained in sections 161.162 to 161.167 limits the commissioner's discretion to determine priority and programming of trunk highway projects. History: 2001 c 191 s 4 Copyright Ccs 2013 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved. https://WWW.revisor.mn.gov/statutes/?id=161.163 8/11/2014 161.164, 2013 Minnesota Statutes Page 1 of 1 2013 Minnesota Statutes 161.164 FINAL LAYOUT APPROVAL PROCESS. Subdivision 1. Submission of final layout.Before proceeding with the construction, reconstruction,or improvement of any route on the trunk highway system lying within any municipality,the commissioner shall submit to its governing body a final layout and project report covering the purpose,route location,and proposed design of the highway. The final layout must be submitted as part of a report containing any supporting data that the commissioner deems helpfi3l to the governing body in reviewing the final layout submitted. The supporting data must include a good-faith cost estimate of all the costs in which the governing body is expected to participate. The final layout must be submitted before final decisions are reached so that meaningful early input can be obtained from the municipality. Subd. 2.Governing body action.(a) Within 15 days of receiving a final layout from the commissioner,the governing body shall schedule a public hearing on the final layout. The governing body shall,within 60 days of receiving a final layout fi-om the commissioner,conduct a public hearing at which the Department of Transportation shall present the final layout for the project. The governing body shall give at least 30 days' notice of the public hearing. (b) Within 90 days from the date of the public hearing,the governing body shall approve or disapprove the final layout in writing,as follows: (1)If the governing body approves the final layout or does not disapprove the filial layout in writing within 90 days, in which case the finial layout is deemed to be approved, the commissioner may continue the project development. (2)If the final construction plans contain changes in access, traffic capacity, or acquisition of permanent right-of-way from the filial layout approved by the governing body,the commissioner shall resubmit the portion of the final construction plans where changes were made to the governing body. The governing body must approve or disapprove the changes, in writing,within 60 days from the date the commissioner submits them. (3)If the governing body disapproves the final layout,the commissioner may make modifications requested by the municipality,decide not to proceed with the project,or refer the final layout to an appeal board.The appeal board shall consist of one member appointed by the commissioner, one member appointed by the governing body,and a third member agreed upon by both the commissioner and the governing body. If the commissioner and the governing body cannot agree upon the third member, the chief justice of the Supreme Court shall appoint a third member within 14 days of the request of the commissioner to appoint the third member. Subd. 3. Appeal board. Within 30 days after referral of the final layout, the appeal board shall hold a!rearing at which the commissioner and the governing body may present the case for or against approval of tine final layout referred.Not later than 60 days after the hearing, the appeal board shall recommend approval, recommend approval with modifications, or recommend disapproval of the final layout,making additional recommendations consistent with state and federal requirements as it deems appropriate. It shall submit a written report containing its findings and recommendations to the commissioner and the governing body. History: 2001 c 191 s S Copyright n 2413 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved. https://www.revisor.mn.gov/statutes/?id=161.164 8/11/2014 161.165, 2013 Minnesota Statutes Page 1 of 1 2013 Minnesota Statutes 161,165 COMMISSIONER ACTION; INTERSTATE HIGHWAYS. Subdivision 1. Applicability.This section applies to interstate highways. Subd. 2,Action on approved final layout.(a)If the appeal board recommends approval of the final layout or does not submit its findings and recommendations within 60 days of the hearing, in which case the final layout is deemed approved, the commissioner may prepare substantially similar final construction plans and proceed with the project.. (b) If the final construction plans change access,traffic capacity,or acquisition of permanent right-of-way from the final layout approved by the appeal board, the commissioner shall submit the portion of ti►e final construction plans that shows the changes, to the governing body for its approval or disapproval under section.161.164, subdivision 2. Subd. 3.Action on final layout approved with changes.(a)If, within 60 days,the appeal board recommends approval of the final layout with modifications, the conunissioner may: (1) prepare final construction plans with the recommended modifications,notify the governing body,and proceed with the project; (2)decide not to proceed with the project; or (3)prepare final construction plans substantially similar to the final layout referred to the appeal board,and proceed with the project.The conunissioner shall, before proceeding with the project, file a written report with the governing body and the appeal board stating filly the reasons for doing so. (b)If the final construction plans contain changes in access or traffic capacity or require additional acquisition of permanent right-of-way from the final layout reviewed by the appeal board or the governing body, the commissioner sliall resubmit the portion of the final construction plans that shows the changes, to the governing body for its approval or disapproval under section 161.164 subdivision 2. Subd. 4. Action on disapproved final layout.(a)If,within 60 days,the appeal board recommends disapproval of the final layout,the commissioner may either: (1)decide not to proceed with the project;or (2)prepare final construction plans substantially similar to the final layout referred to the appeal board,notify the governing body and the appeal board, and proceed with the project. Before proceeding with the project,the commissioner shall file a written report with the governing body and the appeal board stating fully the reasons for doing so, (b) If the final construction plans contain changes in access or traffic capacity or require additional acquisition of permanent right-of-way from the final layout reviewed by the appeal board or tl►e governing body,the commissioner shall resubmit the portion of the final construction plans that shows the changes,to the governing body for its approval or disapproval under section 161.164, subdivision 2. Subd. 5.Final construction plans issued.The commissioner shall send a complete set of final construction plans to the municipality at least 45 days before the bid opening for informational purposes. History: 2001 c 191 s 6 CoWr€ h� 2013 by the Office of the Revisor of Statutes, State of Minnesota. Ail rights reserved, https://www.revisor.mn.gov/statutes/?id=161.165 8/11/2014 161,1665 2013 Minnesota Statutes Page 1 of 1 2013 Minnesota Statutes 161.166 COMNHSSIONER ACTION; OTHER HIGHWAYS. Subdivision 1. Applicability,This section applies to trunk highways that are not interstate highways. Subd. 2.Action on approved final layout. If the appeal board recommends approval of the final layout or does not submit its findings or recommendations within 60 days of the hearing, in which case the the final layout is deemed approved,the commissioner may prepare substantially similar final construction plans and proceed with the project. If the final construction plans change access or traffic capacity or require additional acquisition of right-of-way from the final layout approved by the appeal board,the commissioner shall submit the portion of the final construction plan that shows the changes,to the governing body for its approval or disapproval under section 161.164, subdivision 2, Subd.3.Action on final layout approved with changes.(a)If the appeal board approves the final layout with modifications,the commissioner may: (1)prepare final construction plans including the modifications, notify the governing body,and proceed with the project; (2)decide not to proceed with the project; or (3)prepare a new final layout and resubmit it to the governing body for approval or disapproval under section 161,164, subdivision 2. (b)If the final construction plans contain changes in access or traffic capacity or require additional acquisition of permanent right-of-way from the final layout reviewed by the appeal board or the governing body, the commissioner shall resubmit the portion of the final construction plans that shows the changes,to the governing body for its approval or disapproval under section 161.164 subdivision 2. Subd.4.Action on disapproved final layout.If the appeal board disapproves the final layout,the commissioner may: (1)decide not to proceed with the project;or (2)prepare a new final layout and submit it to the governing body for approval or disapproval under section 161.164,subdivision 2. Subd. 5.Final construction plans issued.The comunissioner shall send a complete set of final COnSti-LiCtrbtl plans to the municipality at least 45 days before the bid opening for informational purposes. History: 2001 c 191 s 7 Copyright C7 2013 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved. httpsJ/www.revisor.mn.gov/statutes/?id=161.166 8/11/2014 161,167, 2013 Minnesota Statutes Page 1 of 1 2013 Minnesota Statutes 161.167 RELVI 3URSEMENT OF EXPENSES, Members of the appeal board shall submit to(lie connnissioner an itemized list of the expenses incurred in disposing of matters presented to them. The appeal board members shall be reimbursed for all reasonable expenses incurred by them in the performance of their duties. The counnissiouer shall pay these costs out of the trunk highway fund. History: 2001 c 191 s 8 Copyrlght Ccs 2013 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved, https://www.revisor.mn.gov/statutes/?id=161.167 8/11/2014 II i S`E I I II I I I I I \'� ........_1 .._..... .. .....LII.m.m& .._.... I I I I I I \ A ie I I I I 1 L 1 L.. y — I I II I o- € §P A r r 7 r•9 q x -k A I' rim I : I II I• I I I I s ' Qn� 1 I I I 1 I I I I I I I I -t I I_ I e 9; 1.... 1 .. ..::: LII 1 ..-. ...—... : I I I lu I I I I I gs I: s � I I lu I 44 r- t r. t — I Ia I - v 1 8 _ i.€ I 1 5tl ; I z BPP € c §qg e � 9REsi4 50 P§P 1 ? i��qqpp �uup. -- €€111 €{g{frt�ellEEi f�P I .: .(m/rv.....�.m.. .tv.i iena� City of Elk City of Elk River Wver City Council Resolution 19- A Resolution of the City Council of the City of Elk River Scheduling a Public Hearing for Municipal Consent of the Final Layout for Trunk Highway 10 Reconstruction from Xenia Avenue to 4t" Street and the Trail Construction from Simonet Drive to Lowell Avenue (S.P. 7102-135) WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project 7102-135 on Trunk Highway 10 from Simonet Drive to Lowell Avenue,within the City of Elk River for roadway,intersection and non-motorized facility improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.62 to 161.167; and WHEREAS, said final layout is on file in the District 3 Minnesota Department of Transportation office, Baxter,Minnesota,being marked as Layout No. 1, S.P. 7102-135. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,Minnesota, as follows: 1. Said final layout for the improvement of said Trunk Highway within the corporate limited be and is hereby approved. 2. A public hearing will be held on such improvements at 6:00 p.m. on Tuesday January 21, 2020 in the City Council Chambers at 13065 Orono Parkway and the City Clerk shall give mailed and published notice of such hearing and improvements as required by law. Passed and adopted this 16th day of December 2019. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREJ