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4.6. SR 11-14-2005 Item 4.6. 13065 Orono Park\vay Elk River, MN 55330 November 7,2005 The Honorable Mayor and City Council City of Elk River 13065 Orono Parkway Elk River 1v1N 55330 RE: TRANSPORTATION ISSUES Dear Council Members: In anticipation of the joint City Council/County Board meeting scheduled for Monday, November 14, 2005, this letter will summarize the transportation issues that are currently being worked on that are of interest to both parties. 1. Trails in County Rights-of-way Parks and Recreation Director Bill Maertz and I have been working with J olm Menter, Sherburne County Public Works Director and Rhonda Lewis, Sherburne County Engineer regarding the placement of bituminous trails within County Road rights-of- way. Essentially, we have agreed to the following points: . The County will attempt to notify the City as early as possible about upcoming County Road construction projects within the City. . Wherever possible the County will accommodate a City trail within their County Road right-af-way. The trail construction would be paid for by the City and maintenance would be the responsibility of the City. . If a trail cannot be accommodated with the existing County Road right-of-way due to topography, wetlands, road design, or other issues, the County will still include a trail in their bid if the City secures additional right-of-way or easements for the construction of the trail. Using these guidelines as a framework, Bill Maertz and I are working with the County on several current projects to tty and accommodate a trail within the County's right-af-way. These projects will be specifically discussed later in this memo. Phone: 763.635.1000 Fax: 763.635.1090 www.ci.elk-river.mn.us Transportation Issues Update ~overnber7,2005 Page 2 2. County Highway 40 Reconstruction Sherburne County is proceeding with the Federal paperwork and design of County Highway 40. As you are aware, the City has agreed to acquire the necessary road right- of-way for this project. It is the City's intent to attempt to acquire the necessary right-of- way at no cost to the City. It is our understanding that the roadway construction being a rural section will be funded entirely by the County. Sherburne County has provided all of the necessary documents for the land acquisition. City staff will be meeting with the property owners of the small parcels on the east side of County Highway 40 at a November 8th neighborhood meeting. We also will be talking with the various developers who own land along County Highway 40. We have talked with County Engineering staff regarding the City's desire to include public improvements in the County Highway 40 project. The public improvements we have mentioned thus far are watermain, sanitary sewer, a detached trail, and a pedestrian culvert. Jolm Menter has indicated he will talk with the County Board about a joint powers agreement between the County and the City for the inclusion of these improvements. We believe that the City's responsibility will likely be to provide the design and project specifications for inclusion in the County Highway project along with funding the cost of the improvements and associated overhead. 3. County Highway No.1 Improvement Sherburne County has let a contract to Bauerly Companies for the reconstruction of County Highway No.1 from County Highway 32 to the north City limits. We believe that all that will be accomplished this fall may be some tree clearing and the majority of the work will be undertaken in 2006. The County bid did not include a detached trail in this right-of-way, however, Bill Maertz is discussing withJolm Menter the possibility of ~dding, by change order, a detached trail along this portion of the County Road Improvement. 4. County Highways 33 and 77 Improvement Sherburne County is working on the plans and specifications for the County Highway 33 and 77 improvements. This is the area of County Highway 33 that is to be realigned through the gravel mining areas and then continuing along the existing alignment westerly to County Highway No.1. The portion of County Highway 77 (Proctor Avenue) north of Brentwood Addition will also be reconstructed and realigned in this process. Bill Maertz is once again working with County staff on the inclusion of a detached trail in this project, along with a pedestrian underpass near the railroad trail crossing of County Highway No.1. Sherburne County anticipates that this project will be under contract late next year, but the bulk of the actual construction is not anticipated to take place until 2007. One unresolved issue is the land acquisition costs for the portion of County Highway improvements between the railroad trail and County Highway No.1. City staff was unaware until recently that this portion of County Highway 33 was included in this project. There is the need for some additional right of way to reconstruct this portion of County Road 33. As you are aware, the County's Cost S:\Engineer\2005 CCmernos\ll 0705 Transp issues update.doc Transportation Issues Update November 7, 2005 Page 3 Participation Policy requires Cities to fund additional right-of-way. Due to the fact that we were unaware of this portion of the project, we had not begun to discuss with the Council the land acquisition costs. Sherburne COllilty staff is proceeding to acquire the necessary additional right-of-way and is currently funding it themselves. They would like to discuss with the City the potential for future repayment of the costs of this right-of- way acquisition. This item may be best introduced at the joint meeting and then held for further discussion at a quarterly Transportation Committee meeting, and then brought back to the City Council with a recommendation from the Transportation Committee. 5. County Highway 44 Reclaiming Sherburne County has undertaken the project to reclaim and overlay the surface of County Highway 44 from approximately Trunk Highway 10 to County Highway No.1. Sherburne County staff will be providing City staff with available information regarding the County Highway 44 right-of-way and topography. City staff will be using this information to analyze and determine the potential for a City-constructed detached trail within or adjacent to the County Highway 44 right-af-way. We anticipate that we will be analyzing this issue over the winter months and be reporting back through Bill Maertz and the Parks and Recreation Commission to the City Council with a recommendation in the Spring of 2006. 6. County Highway 33 and 77 Tumback There is a portion of old County Highway 33 from Trunk Highway 169 to County Highway 77 and a portion of County Highway 77 from existing County Highway 33 northward to Trunk Highway 169 which will no longer serve a County function after the newly constructed road is completed in 2007. Sherburne County has asked the City of Elk River to take back these portions of existing County Highway 33 and County Highway 77. Attached for the City Council's consideration is an agreement prepared by Sherburne County for the City to accept these roadways back. The roadways in question have had their surfaces reclaimed and have been newly overlaid in 2005. After the new County Highway 33 alignment is constructed in 2007, traffic on these turnback roads will be limited primarily to adjacent businesses and property owners. The City of Elk River will receive a small increase in Municipal State Aid (MSA) dollars by the turnback of these roadways, since MSA rules allow turnback county roads to be added to the MSA system above and beyond the City's normal mileage. I would recommend that the City Council approve the attached turnback agreement. 7. County Highway 33 - Sharp Curves East of TH169 Police Chief Jeff Beahen has been dealing with complaints about the sharp curves in County Highway 33 east of TH169 for a long time. (Attached is a memo from Chief Beahen regarding this issue.) With the recently completed interchange at County Highway 33/TH169 and the increase of traffic in general, the potential for a serious accident at these curves is growing. We have discussed possible solutions with the County Engineering staff. They have a conceptual layout of how County Highway 33 could be realigned in the future to meet up with County Road 22 in Anoka County. This will not fix the sharp curves but would likely reduce the traffic using them. S:\Engineer\100S CCmemos\ll 0705 Transp issues update.doc Transportation Issues Update November 7, 2005 Page 4 SAFETEA - LV the new federal transportation bill does allow for funding safety improvements. The solicitation for 2009 projects will be happening vel)' soon. With City Council direction, we will work with County staff to submit a project request to eliminate these sharp curves. It should be noted through, if the County is successful in obtaining Federal funds, the City would still be expected to acquire the necessary right- of-way. 8. Access to the Jackson Avenue Fire Station The City is currently expanding the J ackson Avenue Fire Station to allow for expanded ambulance service. There is a minor issue in that the City needs to drive on Sherburne County Highway Department property to access the building expansion. Sherburne County Engineering staff, in working with the City Engineering staff, has agreed that this issue should be clarified and easement granted to protect the City's interests, should the County ever decide to sell this property. County Highway staff has agreed to have the County Surveyor work on drafting an easement agreement and possibly look at an exchange of property to clean up lot lines of the two parcels. If there is no objection, we will be working on this issue with County staff and will report back at a later date. I will be in attendance at the joint City Council/County Board meeting to discuss these projects further. Sincerely, Teny J. P.E. City Engineer S:\Engineer\2005 CCmemos\ll 0705 Transp issues update.doc COUNTY HIGHWAY 33 BETWEEN CH 77 AND US HWY 169 AND COUNTY HIGHWAY 77 NORTH OF CH 33 TURNBACK AND RECONSTRUCTION AGREEMENT BETWEEN SHERBURNE COUNTY AND THE CITY OF ELK RIVER WHEREAS, County High\vay 33 bet\veen CH 77 and US H\VY" 169 and County High\vay 77 north of CH 33, located in the City of Elk river is presendy under the jurisdiction of Sherburne County"r as a County road; and WHEREAS, These segments of CH 33 and CH 77 have been determined to serve a local function only as a local road; and WHEREAS, revocation of "County Road" status may be accomplished by resolution of the Sherburne County Board of Commissioners pursuant to 11innesota Statute 163.11 Subd. 5b; and WHEREAS, it appears to the City Council of the City of Elk River that these segments of County High\vays 33/77 hereinafter described under tumback from Sherburne County should be a ivIunicipal State Aid Street under the provisions of Ivfinnesota La\v; and WHEREAS, the legally described limits of County High\vays 33 and 77 are as follo\vs; DESCRIPTION OF COUNTY HIGHWAYS 33 AND 77 TO BE TURNED BACK TO THE CITY OF ELK RIVER That part of Sherburne County High\vays 33 and 77 described as follo\vs: Beginning at the intersection of the centerline of U.S. High\vay No. 169 \-vi.th the centerline of Sherburne County High\vay No. 77 being located on the North line of the Northeast Quarter of the North\vest Quarter of Section 15, To\vnship 33, Range 26, Sherburne County, 1vIinnesota; thence "\vest along said centerline of Sherburne County High\vay No. 77 to the north\vest comer of said Section 15; thence south along the "\vest line of said Section 15 to the south\vest comer thereof; thence east along the South line of said Section 15, being the centerline of said Sherburne County High\vay No. 33, to the intersection \vith the \\1 esterly right of \vay line of said U.S. High"\vay No. 169 and there terminating. NOW, THEREFORE SHERBURNE COUNTY AND THE CITY OF ELK RIVER agree to the follo\ving: 1. County shall reclaim and overlay these segments \v-ith the equivalent of 6" of Class 5 aggregate base, 2.5" non-\vearing course bituminous and 4" \vearing course bituminous. Paving t:\vo 14' lanes \v-ith l' of gravel on each side. 2. County shall maintain these segments of County High\vays 33/77 for t\vo years under 1vIinnesota Statute 163.11 Subd. Sb. 3. Each Party shall be liable for its o\vn acts and the acts of its representatives to the extent provided by la"\v and hereby agrees to indemnify, hold harmless, and defend each other, its officers, employees and volunteers against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees \vhich the other, its officers, employees and volunteers may hereinafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the Party, its agents, senrants, employees or volunteers, in the execution, performance, or failure to adequately perform its obligation pursuant to this .L\greement. City of Elk River Sherburne County lvfayor Board Chairman City Administrator CountY.L\dministrator H: \ Cities \ Elk River \ 33&77 Draft ~.\greement.doc E~ River Police Department MEMORANDUM FROM: Mayor and City Council Jeffrey A. Beahen, Chief of Police October 5, 2005 County Road 33 TO: DA TE: SUBJECT: F or years, the pre,rious Chief and I have been getting calls and correspondence from residents along County Road 33, east of High\vay 169, concerning the frequency of accidents, increased truck traffic and the general o.verall safety of the roadway. One of the most frequent complaints is the manner in \vhich the sharp curve is negotiated by a large majority of the drivers. One resident has taken the time to document the frequent abuse of the double yello\v centerline by ,rerucles passing by, \vith a large majority of those violators being commercial trucks. Via a series of photographs, this resident has been able to document hundreds of ,rehicles short cutting the s11arp curve by driving \vay across the centerline. In some cases, the vehicles are actually driving on the opposite side of the road\vay. In one case, the photo illustrates this taking place \vhile another vehicle is approaching from the opposing direction. Our department compiled a number of these photos in a book, ,-vhich has been introduced in court as critical piece of evidence in convincing the area judges that "\rery strict enforcement is needed in this area. As such., the judges have given us their support and levi.ed heav.y fines against'Tiolators tagged in this area. To try to address this issue "\ve ha,re run dozens of directed enforcement projects in that area, and have cited numerous violators. This ho\ve"ver is a futile effort, as the design of the road\vay and the increased ,rehicular traffic in that area accompanied with an inadequate road system, merely forces drivers to operate in this unsafe manner. The only true solution to this serious safety concern is prompt and efficient redesign of this section of County Road 33. Terry 11aurer and I have met briefly \vith one County Official concerning this, and there appears to be some disagreement as to \\7hether or not there is actually a plan to realign and improve this section of County Road. We ad,Tocate a position that there is a definite realignment sho\vn on the County Transportation Plan, and that both the City and County ha've discussed this issue before-and have agreed that changes need to be made. In the interest of public safety, and in line \vith the rapid expansion of our residential developments in this general area, I am asking that our City Council support me by bringing this issue fonvard at the joint meeting between yourselves and the County Board when that occurs this month or next. This is a 'very important engineering issue, and one that should be addressed as soon as possible. Please contact me if you have any questions concerning this concern. JAB 'l"DJ OWl OPIIV HOJIlJ 'wv 1l0:lf:6 SOOl/OI/O! 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