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
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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.
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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.
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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
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