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HomeMy WebLinkAbout2.c. County Road 38 TurnbackAGENDA ITEM: County Road 38 Turnback AGENDA SECTION: PREPARED BY: Andrew J Brotzler, P.E. City Enginee&Y AGENDA NO. el c .a ATTACHMENTS: Draft Turnback Agreement; Map APPROVED BY: RECOMMENDED ACTION: Discussion Only a City Council Work Session Date: May 24, 2005 ISSUE: Discuss and provide direction on the proposed tumback of County Road 38 between Trunk Highway 3 and Blaine Avenue from Dakota County to the City. BACKGROUND: CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION In 2004, Dakota County completed a Transportation Plan that included the proposed turnback of County Road 38 between Trunk Highway 3 and Blaine Avenue to the City. The proposed turnback of this road is based on the function of the road in the overall regions transportation system with the road functioning primarily as a local collective road In 2004, Staff prepared a preliminary cost estimate to reconstruct County Road 38 from Trunk Highway 3 to Akron Avenue as a 3 -lane urban section and from Akron Avenue to Blaine Avenue as a 2 -lane rural section. The estimated costs for these sections are as follows: Trunk Highway 3 to Akron Avenue $5,391,341 Akron Avenue to Blaine Avenue $2,995,992 Total $8,387,333 The estimated project cost is for street and storm sewer improvements only and includes a 25% contingency and 35% indirect costs. In working with Dakota County, their original proposal for County Road 38 was to fund 55% of the project cost to construct a 2 -lane rural road section for the entire segment at an estimated cost to Dakota County of $1,000,000. Through discussions with County staff, City staff was able to demonstrate the need for an urban section between Trunk Highway 3 and Akron G 1ENGPROJ\Dakota County \CountyRoad38TurnbackCWS5 -24 -05 doc Avenue based on the existing and proposed residential development. Based on this need, Dakota County is proposing to make a cash payment of $2,900,000 to the City as part of a turnback agreement. This amount will fund approximately 55% of the project cost for this segment. Additional funding for this section will come from funds received from the Meadows of Bloomfield and Biscayne Pointe North developments based on a rate of $100 /front foot, future assessments to adjoining properties and Street C.I.P. funds This segment of County Road 38 is proposed to be reconstructed in 2005/2006. For the segment of County Road 38 between Akron Avenue and Blaine Avenue, there is no schedule at this time to upgrade the road from a gravel section. Due to the limited potential for development along the north side of this segment, it is anticipated that the road, when upgraded will be a 2 -lane rural section. Due to the reduced costs associated with the construction of a 2 -lane rural section, it is Staff's opinion that the majority of the project costs can be recovered through special assessments to adjacent properties. At the April 26, 2005 Dakota County Board meeting, the County Board tookaction to authorize approving the execution of a turnback agreement with the City and a lump sum payment of $2,900,000. Attached for your information is a copy of the draft turnback agreement. SUMMARY: Following Council discussion of this item, it is anticipated that a final turnback agreement will be prepared and brought before Council at a regular City Council meeting for approval. 2 THIS AGREEMENT, made and entered into by and between the County of Dakota, hereinafter referred to as the "County" and the City of Rosemount, hereinafter referred to as the "City WITNESSES THE FOLLOWING: (DRAFT) AGREEMENT FOR REVOCATION AND REVERSION OF COUNTY ROAD 38 WHEREAS, Minn. Stat. Section 163.11, Subd. 5 and 9, authorize a county board to revoke county road status by resolution of the county board and upon agreement with the receiving jurisdictions; and WHEREAS, the County Board intends to pass a resolution revoking County Road status on that portion of County Road 38 described below; and WHEREAS, as a result of the revocation of County Road 38, the City will accept jurisdiction over said road segment as described below; and WHEREAS, the County and City desire to define the responsibilities and obligations which will result from this road revocation; and NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Dakota County hereby revokes County Road status on that portion of County Road 38 in the City of Rosemount beginning at TH 3 in Section 20, Township 115N, Range ,19W in the City of Rosemount, and running easterly and southeasterly along the established center line of County Road 38 and terminating at County State Aid Highway 71 in Section 23, Township 115N, Range 19W in the City of Rosemount. 2. Upon final execution of this Agreement by the proper officials for all parties, the County will pay to City of Rosemount the sum of $2.9. The City agrees that they will accept the transfer of jurisdiction and all maintenance, repair, reconstruction, traffic control devices and such other matters concerning the described road segment which are implied by ownership for County Road 38 from the County to the City effective upon sum payment of $2.9 million. 3. No person engaged in work to be performed by the City shall be considered an employee of the County. Any claims that arise under the Worker's Compensation Act of this State on behalf of any City employee, while so engaged on any of the work called for in this Agreement shall not be the obligation or responsibility of the County. Revocation and Reversion Agreement County Road 38 April 5, 2005 4. Pursuant to Minnesota Statutes §168.06, subd. 4, any books, records, documents and accounting procedures and practices of the City and the County relevant to this Agreement are subject to examination by the County and either the Legislative Auditor or the State Auditor as appropriate The Cities and County agree to maintain these records for a period of six years from the date of performance of all services covered in this agreement. 5. The entire and integrated agreement of the parties contained in this agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding jurisdiction and control over County Road 38 (between Trunk Highway 3 and County State Aid Highway 71) whether written or oral. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials City Attorney APPROVED AS TO FORM: Assistant County Attorney COUNTY BOARD RESOLUTION No.: Date: CITY OF ROSEMOUNT AGREED TO AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROSEMOUNT THIS DAY OF 2005. By By City Clerk Mayor APPROVED AS TO FORM: (SEAL) DAKOTA COUNTY RECOMMENDED FOR APPROVAL: By By County Engineer Chairman of the Board By (SEAL) Clerk to County Board By Date i 1