6.1. SR 02-21-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
En ineerin Februa 21,2006
Item Description
Resolution-CR 33 Between CR 77 and Hwy 169 and CR 77
North of CR 33 Turnback and Reconstruction Agreement
Between Sherburne County and the City of Elk River, Public
Hearin
Item Number
6.1.
Prepared by
T er Maurer, Ci
Reviewed by
Lori Johnson, City Administrator
Introduction
As we discussed briefly at the joint City Council/County Board meeting held on November 14, 2005,
Sherburne County is requesting that the City of Elk River take back the portion of County Highway 33
between Trunk Highway 169 and Proctor Street (County Highway 77) and County Highway 77 from
County Highway 33 to Trunk Highway 169.
Discussion
The roads in question are shown on the attached exhibit. After the County project to realign County
Highway 33 and 77 (shown by dashed lines on attached exhibit) is complete, the roads being requested to
be turned back will no longer function as County roads. In 2005, the County reclaimed the surface and
placed a new overlay on both of these roadways. After the realignment of County Highway 33 is
complete in approximately 2007, traffic on these segments to be turned back will be very minimal. The
only traffic they will likely see is from businesses or residential properties located on them.
A public hearing is necessary prior to considering the turnback. The County Board has called a public
hearing for February 21,2006 at your City Council meeting. The County will do all the required
notifications and a Highway Department representative will be in attendance at the meeting. After the
public hearing is closed it would be appropriate to consider the attached resolution prepared by
Sherburne County accepting the two roadways as turnbacks. As stated in the resolution, the County will
maintain the roadways (i.e. plow snow) for a period of two years after the turnback is official.
If you have any questions regarding this issue, please call.
Financial Impact
The financial impact will be the ongoing maintenance of these turnbacked roadways. Having been
recendy recycled and overlaid this will amount to snow plowing and crack filling. There is a small
financial gain with ability to place these roadways on our Municipal State Aid system above our allotted
mileage.
Attachments
.
Resolution
Location Map
.
s: \EngineerImprovProj\200S Improvement Projects\CH 33-CH 77 Realignment\Ol 1006 cc memo New Format.doc
Action Requested
A Council motion adopting the attached resolution for the turnback and reconstruction agreement
between Sherburne County and the City of Elk River.
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\EngineerImprovProj\200S Improvement Projects\CH 33-CH 77 Realignment\Ol 1006 cc memo New Format.doc
RESOLUTION 06-_
A RESOLUTION FOR THE CITY OF ELK RIVER
COUNTY HIGHWAY 33 BETWEEN COUNTY HIGHWAY 77 AND U.S. HIGHWAY 169
AND COUNTY HIGHWAY 77 NORTH OF COUNTY HIGHWAY 33
TURNBACK AND RECONSTRUCTION AGREEMENT BETWEEN SHERBURNE
COUNTY AND THE CITY OF ELK RIVER
WHEREAS County Highway 33 between County Highway 77 and US Highway 169 and County
Highway 77 north of County Highway 33, located in the City of Elk River is
presently under the jurisdiction of Sherburne County as a County road; and
WHEREAS These segments of County Highway 33 and County Highway 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 Nlinnesota Statute 163.11
Subd.5b;and
WHEREAS it appears to the City Council of the City of Elk River that these segments of
County Highways 33/77 hereinafter described under turnback from Sherburne
County should be a Municipal State Aid Street under the provisions of Minnesota
Law; and
WHEREAS the legally described limits of County Highways 33 and 77 are as follows:
Description of County Highways 33 and 77 to be turned back to the
City of Elk River
That part of Sherburne County Highways 33 and 77 described as follows: Beginning at the
intersection of the centerline of U.S. Highway No. 169 with the centerline of Sherburne County
Highway No. 77 being located on the North line of the Northeast Quarter of the Northwest Quarter
of Section 15, Township 33, Range 26, Sherburne County, Nlinnesota; thence west along said
centerline of Sherburne County Highway No. 77 to the northwest corner of said Section 15; thence
south along the West line of said Section 15 to the southwest corner thereof; thence east along the
South line of said Section 15, being the centerline of said Sherburne County Highway No. 33, to the
intersection with the Westerly right of way line of said U.S. Highway No. 169 and there terminating.
NOW, THEREFORE, SHERBURNE COUNTY AND THE CITY OF ELK RIVER agree
to the following:
1. County shall reclaim and overlay these segments with the equivalent of 6 inches of Class 5
aggregate base, 2.5 inches of non-wearing course bituminous and 4 inches wearing course of
bituminous, paving two 14-foot lanes with 1 foot of gravel on each side.
2. County shall maintain these segments of County Highways 33/77 for two years under
Minnesota Statute 163.11 Subd. 5b.
3. Each Party shall be liable for its own acts and the acts of its representatives to the extent
provided by law 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 which the other, its officers, employees and
volunteers may hereinafter sustain, incur or be required to pay, arising out of or by reasons
of any act or omission of the Party, its agents, servants, employees or volunteers, in the
execution, performance, or failure to adequately perform its obligation pursuant to this
Agreement.
Passed and adopted this 21st day of February, 2006.
Stephanie A. I<Jinzing, Mayor
A TIEST:
Joan M. Schmidt, City Clerk
S:\EngineerImprovProj\2005 Improvement Projects\CH 33-CH 77 Realignment\Resolution-agreement.doc
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Case Number: COUNTY ROAD TURN BACKS
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Location Map