6.7. SR 02-21-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
En ineerin Febru 21,2006
Item Description
Update on County Hi way 40 Reconstruction Project
Introduction
As the City Council is aware, staff has been working with the Public Works staff from Sherburne County
on the proposed reconstruction project on County Highway 40 (Cleveland Avenue) from CSAH 12 to
CSAH 13. This agenda item will update the Council on the status of several items regarding this project
and ask for direction on two of them.
Discussion
The items I would like to discuss with the City Council are as follows:
1. Attached is a "rough" draft of an Agreement for the Improvement of County Highway 40 in the
City of Elk River, Minnesota as prepared by Sherburne County. This draft agreement has been
reviewed by Chris Johnson, City Attorney. He has indicated that the format is acceptable from a
legal standpoint. I would like the City Council to review this document and provide any specific
comments or questions you may have, as we will be working with County staff to fine tune the
dollar amounts and language for ultimate adoption by the City Council and County Board.
2. The acquisition of right-of-way for the construction of County Highway 40 is proceeding. I
have received signed quit claim deeds (one signed easement) from all of the individual large lot
owners. The remaining parcels to submit quit claim deeds are controlled by developers. There
is one parcel owned by an individual at the very north end of County Highway 40 as it meets up
with CSAH 13. The owner of that property, Mr. Alan Schubert, actually lives north of CSAH
13. I have been discussing the needed land acquisition with Mr. Schubert. Attached are two
8~" x 11" copies from the County plat. As you can see, Mr. Schubert owns Parcels 32, 33 and
34, according to the County plat. This is approximately 1.25 acres. Of this amount I believe
that approximately .25 acres could be claimed as prescriptive rights for the existing County
Highway 40 alignment. Mr. Schubert has made it clear that he would like to discuss the
purchase of all three of these parcels and is not interested in owning a remnant parcel. Parcel 32
is needed for roadway purposes; Parcel 33 is needed by the School District for completion of
storm drainage ponds on their elementary school development; Parcel 34 which is approximately
.24 acres, would be a remnant piece. After a discussion with Mr. Schubert, he received the
attached letter from Chris Froelich of the Minnesota Development Agency. As you can see
from the letter, it estimates that the value of this type of land is approximately $85,000 an acre.
The only discussion I have had with Mr. Schubert since receiving this letter has been to the
point that approximately 0.25 acres of the land in question would be right-of-way by prescriptive
S:\EngineerImprovProj\2006 Improvement Projects\County Highway 40\022106 cc memo.doc
rights and that in reality, he only has approximately one acre of land which should be purchased.
I am looking for a discussion with the City Council on how you would like me to proceed with
the negotiation with Mr. Schubert.
3. As an update, I wanted to inform the City Council that we have been working with Sherburne
County Highway Department regarding the design of the roadway on County Highway 40 from
CSAH 13 to just south of the main entrance to the River Park development. We have
concluded that this portion of County Road 40 should be designed as an urban section three
lanes wide, with a center left turn lane. This will provide a reasonable length left turn lane for
school buses and other traffic coming in the morning and leaving the school sites in the
afternoon. The change in design to an urban section requires that the City participate in funding
for a portion of these improvements including the curb and gutter and storm sewer. Sherburne
County has prepared a preliminary cost estimate that indicates the City's cost would be in the
$85,000 - $100,000 range.
4 . We have been working with the County design team relative to the pedestrian underpass near
the location of the main entrance to River Park and the school site. Unfortunately, it does not
appear that an underpass will be feasible. After the County has set a preliminary street grade, we
evaluated the soil borings and water table depth versus the required size of a concrete underpass.
The normal water table in this area would be 3 - 5 feet above the invert of the underpass. This
is too much to raise the road in this area to allow for this underpass. It appears that the only
way to get a separated pedestrian crossing in this area is to install an overpass structure at some
point in time.
5. The County has agreed to include a detached bituminous trail 10 feet in width along the west
side wherever possible. In areas where it will require more land acquisition for temporary
grading to construct the trail, we have directed the County not to include the trail. We will
provide for it during the development of the adjacent property. At this point in time we are not
completely sure of how much of the roadway will trail have along the west side. Weare waiting
for the 80 percent draft plans to be completed to further evaluate it.
Financial Impact
The financial impact of these items include the purchase of the Schubert parcel of land acquisition in the
amount of approximately $85,000; the funding of the urban portion of County Highway 40 in the amount
of $85,000 - $100,000; and the additional requested improvements included in the County Highway 40
project such as detached trail or watermain improvements. The dollar amount for these are
undetermined.
Attachments
· Draft Agreement for the Improvement of County Highway 40
· Schubert portion of the County Highway 40 plat
· Summary of the Schubert parcel acreage
· Minnesota Development Agency letter to Mr. Schubert
S:\EngineerImprovProj\2006 Improvement Projects\County Highway 40\022106 cc memo.doc
Action Requested
Staff is requesting direction on how to proceed in completing the agreement with Sherburne County for
City improvements in the County Highway 40 right-of-way and specific direction on how to complete the
negotiations with Mr. Schubert for land acquisition at the north end of the project.
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\EngineerImprovProj\2006 Improvement Projects\County Highway 40\022106 cc memo.doc
AGREEMENT FOR THE IMPROVE~~ OF COUNTY ROAD 40
INTHECITYOF~....~ k,\\iINNESOTA
~~~ 4)
This Agreement made and entered 1 this , 2006, by and between the County of
Sherburne, State of Minnesota, a political subdivision of the State of Minnesota, 13880
Highway 10, Elk River, Minnesota 55330, hereinafter referred to as the "County", and the
City of Elk River, 13065 Orono Parkway, Elk River, Minnesota 55330, hereinafter referred to
as the "City".
WITNESSETH
WHEREAS, the parties of this Agreement have long exhibited concern for the safety of the
public traveling on County Road 40, and,
WHEREAS, the County has received federal TEA-21 funds to improve the roadway from
essentially a gravel road to two (2) 12-foot paved driving lanes, each with eight-foot paved
shoulders; and
WHEREAS, the City is experiencing development in this area of the City and therefore,
desires to provide utilities to Project area; and
WHEREAS, the parties agree that the County shall cause the construction of the
improvements of County Road 40; and
WHEREAS, the Sherburne County Public Works Department has prepared plans and
specifications for Project Number S.P. 71-596-04, which plans and specifications are dated
, and which are on file in the office of the County Engineer; and
WHEREAS, the City has provided appropriate plans and specifications to be included in the
County's plans and specifications; and
WHEREAS, the parties agree that it is in their best interest that the cost of said project be
shared.
NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED:
1. PURPOSE
The parties have contracted for the purpose of constructing the roadway, drainage, and
utilities associated with County Road 40, described in the plans and specifications numbered
S.P. 71-596-04 on file in the office ofthe Sherburne County Engineer and incorporated herein
by reference.
II. METHOD
The County shall cause the construction of Sherburne County Project Number S.P. 71-596-04
in conformance with said plans and specifications. The County shall do the calling for all
bids and the acceptance of all bid proposals.
III. COSTS
The contract costs of the work, or if the work is not contracted, the cost of all labor, materials,
normal engineering costs and equipment rental required to complete the work, shall constitute
the actual "construction costs" and shall be referred to herein.
"Estimated costs" are good faith projections of the costs, which will be incurred for this
project. Actual costs may vary and those will be the costs for which the relevant parties will
be responsible.
The estimated construction cost of the total project is $ . Federal funds
available for the project are capped at $719,104, which will be applied entirely for County
costs. Above that amount, the County will pay an estimated amount of $ to cover
the remainder of the County's portion of the project. The County will pay the cost for all
roadway grading, paving, access road and driveway replacements and/or improvements,
intersection improvements, and drainage systems (including half (50%) of the cost of the
storm sewer).
The City shall pay the entire cost of utilities, including any water and sanitary sewer, curb and
gutter, the cost of constructing any trails on or adjacent to the County's roadway easement,
and half (50%) of the cost of the storm sewer. The estimated total cost for the City's portion
of the project is $
The County will provide construction staking, construction observation, and contract
administration for the project. The City will provide construction observation/oversight for
the water main, sanitary sewer, and curb and gutter portions ofthe project.
Upon award of the contract, the City shall pay to the County, upon written demand by the
County, ninety-five percent (95%) of its portion of the cost of the project estimated at
$ The City's share of the project shall include only construction and
construction engineering expense and does not include any administrative expenses incurred
by the County.
Upon final completion of the project, the City's share of the construction cost will be based
upon the actual construction costs. If necessary, adjustments to the initial ninety-five percent
(95%) charged will be made in the form of credit or additional charges to the City's share.
Also, the remaining five percent (5%) of the City's portion of the construction costs shall be
paid.
IV. TERM
This Agreement shall continue until terminated as provided herein.
V. DISBURSEMENT OF FUNDS
All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by
each entity pursuant to the method provided by law.
VI. CONTRACTS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be made by the County
in conformance with State laws.
VII. STRICT ACCOUNTABILITY
A strict accounting shall be made of all funds and report of all receipts and disbursements
shall be made upon request by either party.
VIII. TERMINATION
This Agreement may be terminated by either party at any time, with our without cause, upon
not less than thirty (30) days written notice delivered by mail or in person to the other party.
If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing.
Such termination shall not be effective with respect to any solicitation of bids or any
purchases of services or goods which occurred prior to such notice of termination. The City
shall pay its pro rata share of costs which the County incurred prior to such notice of
termination.
IX. MAINTENANCE
A. Maintenance of the roadways, shoulders, drainage systems, and remainder of
the roadway easement shall be the sole responsibility ofthe County.
B. Maintenance of any pavement markings shall be the sole responsibility of the
County.
C. Snow plowing of the roadway shall be the sole responsibility ofthe County.
D. Maintenance of the water main and sanitary sewer shall be the sole
responsibility of the City.
E. Maintenance, including snow plowing, of any trails will be the sole
responsibility of the City.
X. NOTICE
For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to
the County Administrator of Sherburne County, 13880 Highway 10, Elk River, Minnesota
55330, on behalf of the County, and the City Administrator of Elk River, Orono Parkway, Elk
River, Minnesota 55330, on behalf of the City.
XI. INDEMNIFICATION
The County and the City mutually agree to indemnify and hold harmless each other from any
claims, losses, costs, expenses or damages resulting from the acts or omissions of the
respective officers, agents, or employees relating to activities conducted by either party under
this Agreement.
XII. ENTIRE AGREEMENT
It is understood and agreed that the entire agreement of the parties is contained herein and that
this Agreement supercedes all oral agreements and all negotiations between the parties
relating to the subject matter thereof, as well as any previous agreement presently in effect
between the parties to the subject matter thereof. Any alterations, variations, or modifications
of the provisions of this Agreement shall be valid only when they have been reduced to
writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the
dates written below:
COUNTY OF SHERBURNE
CITY OF ELK RIVER
By:
By:
Chair, Sherburne County Board
Mayor, City of Elk River
Dated:
Dated:
ATTEST:
By:
By:
Brian Bensen
County Administrator
Lori Johnson
Dated:
Dated:
RECOMMENDED FOR APPROVAL
By:
By:
John M. Menter, P.E.
Public Works Director
Terry Mauer, P.E.
City Engineer
Dated:
Dated:
APPROVED AS TO FORM AND EXECUTION
By:
By:
Kathleen Heaney, County Attorney
Dated:
Dated:
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Alan Schub@rt
612-241-9818
p. 1
Minnesotal"Deve1opmmt
}\geD.cy, llC
January 27,2006
Alan Schubert
10115 Twin Lakes Road NW
Elk River, MN 55330
RE: Value ofland for proposed condemnation.
De?: Mr. Schubert
Thank. you for your interest in our firm and for the opportunity to inSpl~(I your property.
As a developer and real estate broker, I have seen the market growth in l:ik River explode
over the last few years. As the demand for new homes increases, the 'Hlue ofland
mcreases.
Today's market value ofland in Elk River ranges from $75,000 to $9:,JiOO per acre and
the average is about $85,000. This computes to $1.95 per square fOOl. '{,mT land would
be in this range, and if you do choosl: to sel!, we would be interested il ,.~dt:ring into a
purchase agreement with you.
Warmest Regards, " i
/'
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Chris Froelich /
Vice President ' /'
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97661'allon Ave~,Silife201 .MonticeJ111iMN 55362
Phone: 763-29~LAND. F<!JC 7(j~2954696,~.JDDdeVelopmeri~COIli