HomeMy WebLinkAbout15-01-07 RESOLUTION.1 5=01 —0 7
A RESOLUTION OUTLINING THE CITY POSITION ON THE AGREEMENTS RELATING
TO THE ST CROIX RIVER CROSSING PROJECT AND THE REQUEST OF THE CITY OF
OAK PARK HEIGHTS TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR
PAYMENT
Whereas, in 1995 the City Council for the City of Oak Park Heights (hereafter referred to as the "City")
approved a particular layout for the construction of the various roadway and layout approaches for the St.
Croix Crossing Project, and in conjunction with the Minnesota Department of Transportation (hereafter
referred to as MNDOT) additionally signed a Memorandum of Understanding that documents actions
related to a specific layout, the execution of the project, including costs, timelines and statutory
provisions, and;
Whereas, MNDOT provided a July 2nd, 2012 submission of construction pians to the City as required by
Minnesota Statutes 161.177 (1995),and;
Whereas, the City reviewed the MNDOT submitted construction plans from July 2, 2012 relative to the
1995 layout plan approved by the City on August 14"', 1995, and;
Whereas,Council Member Swenson and then Council Member Abrahamson met with the Governor Mark
Dayton and then Chief of Staff Ms.Tina Smith and MNDOT officials on August 23rd 2012 where it was
concluded and conditioned that if the City grants an Unconditional Municipal Consent and reached an
agreement that the City shall have a cost of$351,828 with the Governor's pledge to seek additional funds
for the remaining gap of$1,520,170, and;
Whereas this commitment by the Governor and the then Commissioner of the Minnesota Department of
Transportation was condensed into documents as attached being:
1. The Governor's letter dated,August 23`a which includes his additional pledge by Governor
Dayton to seek additional funding if the City Council provided its "Unconditional Municipal
Consent",and;
2. The letter signed by the Commissioner of Transportation Thomas Sorel dated August 23,2012,and;
3. Resolution No. 12-08-32 of the City dated August 23,2012
Whereas, subsequent to that meeting Municipal Consent was granted as was requested by the State, in
City Council Resolution 12-08-32 and which relied on these assurances made, and;
Whereas, as a result of this Resolution the parties understood the associated significant risks of the additional
unfunded$1,520,170 million liability and continued to work through its partners to secure additional funding
and as generally enumerated in the City letter dated September 14'', 2012 to the City's State Legislative
delegation as attached,and;
Whereas, at the request of MNDOT and in compliance with the agreements made the City agreed to
negotiate a number of subsequent agreements including the Master Utility Agreement and the,
Cooperative Construction Agreement, and;
Whereas in late 2012, the MNDOT Project Manager, Mr. Jon Chiglo verbally informed the City that
LRIP funding was made available to cover a substantial portion of the additional costs remaining from the
August 2012 discussions providing an additional $1,315,113 dollars from the State of Minnesota LRIP
Fund to further offset City costs (non-City requested betterments), and leaving a resulting City cost
exposure to the initial $351,828 plus $205,057 (the difference between the $1,520,170 and the
$1,315,113)totaling$556,885, and;
Whereas, the City is additionally responsible for a water main upsizing charge of $145,243 and is the
beneficiary of credits for City items deleted from the Project totaling $234,779, leaving the City with a
total cost cap responsibility of$467,349,and;
Whereas,to date the City has expended approximately$1,177,625 dollars in costs relating to the St. Croix
River Crossing including payments to the State of Minnesota for the City elements of the project totaling
$547,428 which includes the water main upsizing charge,and;
Whereas the City has sent numerous billings to the State of Minnesota to reduce the City's cost exposure
to a point nearer to the anticipated final total costs for which none have been reimbursed to date.
NOW,THEREFORE, BE IT RESOLVED that the City Council for the City of Oak Park Heights does
affirm a cost cap to the City in the amount of$467,349 and that any City payments over the cost cap of
shall be pursued earnestly by the City for reimbursement from MNDOT and for which is now estimated
to be$360,276 as of December 31", 2014.
BE IT FURTHER RESOLVED, that the City acknowledges that there were subsequent,but
comparatively minor, cost adjustments to the $556,885 base figure following the commitments made in
August 2012 that may result in a further cost adjustments as well as the continued need for further cost
reimbursements as the Project is not complete.
BE IT FURTHER RESOLVED that the City Council does request that the Minnesota Department of
Transportation follow the commitments made by the State of Minnesota which directly lead to the City's
Municipal Consent and remit a prompt reimbursement to the City based upon invoice(s)to be generated
by the City Finance Director and paid in-full not later than thirty days from the date of issuance to the
State of Minnesota Department of Transportation.
Passed by the Ci oa of the City of Oak Park Heights this)7 day ofJ4VJ?G 2015.
i
ry cComber,Mayor
Att
ri Johnson,City Administrator
f
STATE OF MINNESOTA
1,ip
* 1
` . 11
Office of Governor Dark Dayton
° "a 130 State Capital a 75 Rev. Dr. Martin Luther King Jr. Boulevard o Saila Paul, MN 55155
.r
August 23,2012
Mayor David Beaudet
Councilmember Les Abrahamson
Councilmember Mary McComber
Councilmember Mike Runk
Councilmember Mark Swenson
Oak Park Heights City Hall
14168 Oak Park Boulevard North
Oak Park Heights, Minnesota 55082
Dear Mayor Beaudet and City Councilmembers:
Over the last six months,my Administration has worked closely with the City of Oak
Park Heights to advance the critically important and time-sensitive construction of the St. Croix
River Crossing between Wisconsin and Minnesota.
A crucial next step in this process is the passage by the City on August 23,2012, of a
resolution expressing unconditional municipal consent to,and approval of,all work associated
with the St. Croix River Crossing project.
Working together,the City of Oak Park Heights and the Minnesota Department of
Transportation have successfully resolved many issues associated with this project. These
agreements are outlined by MnDOT Commissioner Tom Sorel in the attached letter.
In addition,the City has asked for help covering the cost of utility betterments associated
with the project amounting to$2,871,997.90. In the 2012 session,the Legislature appropriated
$1 million in state General Obligation bonds from resources provided in the Local Road
hnprovement Fund(Minnesota Laws 2012, chapter 293, section 16,subdivision 3). The City of
Oak Park Heights has agreed to take responsibility for$351,828 of these costs, leaving a gap of
$1,520,170.
With this letter, I personally pledge to requesting approval fiom U.S.Department of
Transportation Secretary LaHood for the federal government to commit$1,520,170 for these
project costs. If Secretary LaHood informs me that the U.S.Department of Transportation is
unable to provide these funds,I will request and do my utmost to secure an additional State
General Obligation bond appropriation equal to$1,520,170 during the 2013 legislative session.
The Minnesota Department of Transportation will work with the City to ensure that cash flow and
local payment timing provides sufficient time for the 2013 Legislature to take action, if necessary,
I understand that,with these commitments,no issues remain that would prohibit the City
of Oak Park Heights from passing, on August 23,2012,. a resolution expressing its unconditional
municipal consent to,and approval of, all work associated with the St. Croix Crossing Project. In
addition,the resolution will state that the city finds the construction plans provided to it by the
Department of Transportation on July 2,2012,to be fully in accordance with the layout plan it
approved in City of Oak Park Heights Resolution No.95-08-39 on August 14, 1995.
Voice:(651)201--3400 or(800)657-3717 Fax:(651) 797-1850 MN Relay(800)627-3529
Website:http://governor.state.mn.us An Equal Opportunity Employer
Printed on recycled paper containing 15%post consumer material and state government printed
Mayor David Beaudet and City Councilmembers
August 23,2012
Page 2
This agreement allows us to move forward with building a bridge that will support the
economic development of communities on both sides of the river. T thank you for your diligent
work on this project and your continued service to the people of Oak Park Heights.
ly,
Mark Dayton
Governor
Attachment: Letter from Commissioner Sorel
cc: Senator Amy Klobuchar
Congresswoman Michele Bachmann
Chairman Mike Beard
Chairman Joe Gimme
Senator Ted Lillie
Representative Kathy Lohmer
4'414
° Minnesota Department of Transportation
395 John Ireland Boulevard
Saint Paul, Minnesota 55155-1899
August 23, 2012
Mayor David Beaudet
Councilmember Les Abrahamson
Councilmember Mary McComber
Councilmember Mike Runk
Councilmember Mark Swenson
PO Box 2007
Oak Park Heights, MN 55082
Dear Mayor Beaudet and City Councilmembers:
This letter reflects and further documents the agreements reached between the City of Oak Park
Heights and the Minnesota Department of Transportation related to the St. Croix Crossing
Project between Wisconsin and Minnesota.
1. Final design for Lookout Trail at TH 95 will provide for a right-in/right-out
configuration.
2. Lookout Trail: The pedestrian and bike accommodations will run up Lookout Trail and
be continuous between Beech Road and TH 95. This work will be incorporated into a
turn-back proposal by MnDOT to the city of Oak Park Heights. The turn back agreement
will include funding for the city to design and reconstruct Lookout Trail, The turn-
around in the current plant will be eliminated from the St. Croix Crossing project. If a turn
back agreement cannot be reached this work will not be done.
3. The Omaha Avenue right-in/right-out at grade intersection with eastbound TH 36 shall be
reconstructed as part of the St. Croix Crossing Design-Build project.
4. North and south frontage roads within the city of Oak Park Heights jurisdiction remain
under MnDOT ownership.
5. As provided in Minnesota Statutes Section 161.45 the relocation of construction impacted
utilities will need to comply with any applicable city ordinance, unless waived by the
city. MnDOT is committed to working with the City to relocate utilities to a point as
close to the right of way line as possible to minimize potential impact to these facilities in
the future.
6. Work on Oakgreen Avenue shall be extended to the south from the proposed southern
termini of work depicted on the construction plans to approximately the northern termini
of Oakgreen Avenue at 58'h Street. A southbound right-turn lane will be constructed at
Oakgreen Avenue and 58h Street to facilitate right turns from Oakgreen Avenue onto 58th
Street. All work upon Oakgreen Avenue will consist of an urban roadway section, with
concrete curb and gutter and construction stay within the existing right of way.
An Equal opportunity employer
7. All MnDOT trails constructed as a part of the St. Croix Crossing project and within the
City of Oak Park Heights shall be owned by MnDOT, with the city having minor
maintenance responsibilities thereon. Any trail reconstruction shall remain a MnDOT
responsibility. Closure of the trails by the City of Oak Park Heights will be in
accordance with the Americans with Disabilities Act and City Ordinances and Park
policies.
8. The layout for Oakgreen Avenue will be adjusted to provide a pull back of the frontage
road from the Pine Grove Gardens development. MnDOT will increase the distance
between the townhomes and the south frontage road by approximately 30 feet. This
provides a total distance between the townhomes and frontage road of approximately 50
feet.
9. MnDOT will implement and complete reasonable maintenance to the Scenic Overlook as
committed to under the Section 106 mitigation requirements.
10. MnDOT will install appropriate TH 36 at grade pedestrian crossing elements at Osgood
Avenue and Oakgreen Avenue/Greeley per MnDOT standards.
11. Western project limits for the St. Croix Crossing project will be established to ensure
reconstruction of TH 36 mainline not constructed since the 1990s and ensure the project
begins where the previous phase of construction ended.
12. The Holiday gas station shall retain its access point on Osgood Avenue.
13. A reasonable access for the Home for Me Townho nes (Oakgreen and South Frontage
Road) shall be maintained.
14. The storm water design will meet the volume, rate and water quality requirements for the
project. MnDOT will coordinate the St. Croix Crossing storm water design with the
Browns Creek Watershed District and the Middle St. Croix Water Management
Organization. MnDOT will be responsible for pond maintenance and any future
reconstruction.
15. The total cost to the city of Oak Park Heights is $2,871,997.00. This is computed by
adding city defined betterments, city share of construction impacted utilities, Grey Area
utilities and city responsibility of traffic signal costs. After applying the $1,000,000 from
the Local Road Improvement Fund and the City responsibility for Utility Betterments
MnDOT commits that the total City of Oak Park Heights financial obligation as a result
of the St. Croix Crossing Project will not exceed $1,520,169.00. This total obligation
does not include the cost of the "Moelter Site" utility relocation which if elected by the
City will increase the total obligation to the City. This figure does assume the relocation
of City utilities between Oakgreen and Osgood as part of the project
16. MnDOT and the City will review a list of new driveways or streets and determine which
will be classified as a public facility or private facility.
As you are aware, in March of 2012 I appointed Jon Chiglo as the St. Croix Crossing Project
Director. With this appointment, Mr. Chiglo has full authority to negotiate on behalf of the
Minnesota Department of Transportation regarding all elements of this project. The Minnesota
Department of Transportation looks forward to enhancing our partnership with Oak Park Heights
by working together to successfully complete and open the new St. Croix Bridge.
Sincerely,
Thomas K. Sorel
Commissioner
Minnesota Department of Transportation