HomeMy WebLinkAbout15-05-27 RESOLUTION 1 S=0 5_2 7
A RESOLUTION APPROVING THE THREE-PARTY AGREEMENT BETWEEN THE STATE
OF MINNESOTA,WASHINGTON COUNTY AND THE CITY OF OAK PARD HEIGHTS
FOR A CHANGE OF ROADWAY JURISDICTION
AND MAINTENANCE AGREEMENT FOR 60rn STREET NORTH ALSO KNOWN AS THE
NORTH FRONTAGE ROAD.
Whereas, the City of Oak Park Heights, the State of Minnesota and Washington. County, (the Parties)
have agreed that the current roadway known as 60`h Street / the North Frontage Road is outdated and is
better served being relocated to a new location; and,
Whereas, the Parties have agreed on land acquisition, construction cost responsibilities and long-term
maintenance elements for this Relocation Project;and,
Whereas,the parties believe that this Project should be executed promptly; and,
Whereas, Minnesota Statutes §161.20 authorizes the Minnesota Depart. Of Transportation (MnDOT) to
enter into agreements with other governmental authorities to carry out the purposes of Minnesota Statutes
Chapter 161; and,
Whereas, The City and County are each a Road Authority as defined in Minnesota Statutes §160.02
(subd. 25);and,
Whereas, MnDOT has determined that the current portion of 60`h Street North (Trunk Highway No. 36
North Frontage Road) from the City boundary near Omaha Avenue to Oren Avenue (Segment #1) is no
longer needed for highway purposes; and,
Whereas, The City, County and MnDOT have entered into this Agreement to provide for the orderly
release of this frontage road to the jurisdiction of the City and to provide for the cooperative relocation
and reconstruction of a new frontage road.
NOW, THEREFORE BE IT RESOLVED by the City Council for the City of Oak Park Heights that it
does hereby approve the enclosed Change in Roadway Jurisdiction and Maintenance Agreement for the
60'x' Street as attached.
BE IT FURTHER RESOLVED that the City Attorney shall be authorized to make any final
amendments to the Agreement as his office deems necessary to facilitate the Project outcome.
Adopted by the City Council of the City of Oak Park Heights, Minnesota, this 26th day of May,
2015.
CITY OF OAK PARK HEIGHTS,MINNESOTA
Mar11� Cotiib6r,Mayor
Att t.
Jo nson, City Administrator
i
STATE OF MINNESOTA,WASHINGTON COUNTY, CITY OF OAK PARK HEIGHTS
CHANGE OF ROADWAY JURISDICTION
AND MAINTENANCE AGREEMENT
Control Section Number: 8214
Trunk Highway Number: 36
Purpose:
MnDOT to City: State release of a portion of 60th Street North(Trunk Highway No. 36 North
Frontage Road),the transfer of MnDOT easement rights to the City of Oak Park Heights for the
portion of 60th Street North that lies between the City limits near Omaha Avenue and Oren
Avenue(Segment#1)
County to City: Acquire ROW and build the new frontage road segment in accordance with
the approved plan from Oren Ave. to Osgood Avenue(Segment 43)and then transfer County
property rights along the realigned frontage road to the City.
City to County:. To secure and make available land rights to the County for those portions of
the realigned frontage road owned or maintained by the City in Segment#3.
City: To take over ownership and all maintenance of the newly reconstructed and relocated
frontage road from City limits near Omaha Avenue to Oren Avenue (Segment#1)and Oren
Ave to Osgood(Segment#3) four years from and after substantial completion of the frontage
road relocation and reconstruction.
This Agreement is among the State of Minnesota, acting through its Commissioner of Transportation
("MnDOT"),the City of Oak Park Heights, a political subdivision of the State of Minnesota acting
through its City Council("City")and Washington County,Minnesota, acting by and through its Board of
Commissioners("County")
RECITALS
1. Minnesota Statutes §161.20 authorizes MnDOT to enter into agreements with other governmental
authorities to carry out the purposes of Minnesota Statutes Chapter 161.
2. The City and County are each a Road Authority as defined in Minnesota Statutes §160.02 (subd. 25);
3. MnDOT has determined that the current portion of 60"' Street North(Trunk Highway No. 36 North
Frontage Road) from the City boundary near Omaha Avenue to Oren Avenue(Segment#1)is no
longer needed for highway purposes.
4. The City, County and MnDOT have entered into this Agreement to provide for the orderly release of
this frontage road to the jurisdiction of the City and to provide for the cooperative relocation and
reconstruction of a new frontage road as depicted in Exhibits A& B attached hereto and incorporated
by reference herein.
5. The release of 60th Street North to the City will occur following the completion of the Project Work
as outlined below; Exhibit A shows the three frontage road segments described as follows:
5.1. Segment#1—From the City limit near Omaha Avenue to Oren Avenue. MnDOT reconstructed
this segment of 60th Street North with the St. Croix Crossing Project in 2014.
5.2. Segment#2—From Oren Avenue to Osgood Avenue(old alignment). MnDOT will release this
segment of 60"' Street and convey MnDOT's easement rights to Washington County,
5.3. Segment#3—From Oren Ave to Osgood Avenue(new alignment). MnDOT and Washington
County will reconstruct 60tr' Street(which includes a north-south section of Oren Ave.)
consistent with the frontage road realignment depicted in Exhibit B. The realignment and
construction of Segment#3 is anticipated to be completed in 2015. Near the end of the
construction of Segment #3, the Segment#2 roadway will be removed.
6. The City will be replacing city-owned water utilities along Oren Avenue with a separate city
construction project, the City utility project shall be completed by the state's contractor mobilizes on
site to complete the surfacing work.. The City will coordinate the scope,timing and schedule of its
work and provide reasonable notice to each should any changes occur. Any and all costs incurred by
the County due to delay in completion of the City work, shall be the responsibility of the City. Any
and all costs incurred by the City due to delay in completion of the County work, shall be the
responsibility of the County.
7. MnDOT will convey its property rights to the County in Segment#2 as shown in Exhibit A north of
the proposed right-of-way line,property rights south of the line will be retained by MnDOT.
8. MnDOT has provided the City with its documentation regarding the clean-up and disposal of
hazardous materials related to the Westbury Property,
AGREEMENT
1. Effective Date; Survival of Terms
This Agreement will be effective on the date last signed below by all parties and by such other State
of Minnesota officials as required by Minnesota Statutes §16C.05. This Agreement will remain in
effect until the Project Work is completed and until MnDOT has served a Notice of Release and the
four year MnDOT maintenance requirement has expired. All clauses which impose obligations
continuing in their nature and which must survive in order to give effect to their meaning will survive
the expiration of this Agreement.
2. Identification of Roadway Segments; Right-of-Way Determination
The Roadway Segments covered by this agreement are identified as Segment#1 [60'h Street North
(Trunk Highway No. 36 North Frontage Road) from the City limits near Omaha Avenue to Oren
Avenue] and Segment #3 [new frontage road alignment from the Oren Ave/601x' St intersection to
Osgood Avenue] and located within the City limits of Oak Park Heights. See Exhibit A for a
preliminary depiction of right-of-way to be released to the City in Segments #I and#3. The parties
will determine the final right-of-way limits prior to transfer of title or property rights to the City for
Segments#1 & #3. Segment#2 is covered under a separate agreement between the County and
MnDOT.
3. Notice of Release; Conveyance Documents (By state)
3.1. Notice of Release. MnDOT will deliver a "Notice of Release"to the City in recordable form,
releasing the Roadway Segment#1 from MnDOT's jurisdiction including any and all rights to
such lands, easements and access points. Upon the date specified in the notice the City will
become the Road Authority with unrestricted jurisdiction over the roadway segment and will
assume all responsibility for the operation, maintenance, and reconstruction of the roadway
segment and of all structures and facilities that are a part of the roadway segment, except for
those maintenance items specified in Article 5 as the State's responsibility.No alterations or
additions to title shall be allowed pending final release thereof without the City's approval in
writing.
3.2. Conveyance Documents. Subsequent to issuing the Notice of Release,MnDOT will prepare
and execute necessary and appropriate documents conveying MnDOT's property interests in
Roadway Segment#1 to the City.
4. Notice of Release; Conveyance Documents (By County)
4.1. Notice of Release. Washington County has acquired certain interests in land within Segment
#3 for right-of-way purposes as it relates to the re-alignment of a portion the North Frontage
Road. Pursuant to this agreement this portion of Segment#3 in the ownership of Washington County
will be transferred to the City within a reasonable time after MnDOT delivers its"Notice of Release"
to the City.
4.2 Conveyance Documents, Subsequent to MnDOT issuing the Notice of Release, County will
prepare and execute necessary and appropriate documents conveying the County's property interests
in the portion of roadway Sebment 43 to the City.
5. Maintenance
MnDOT will maintain the north frontage road (Segments 41 and#3)during a"Maintenance Period".
The Maintenance Period begins at the execution of this Agreement and runs until all of the following
conditions have occurred:
(1) four years have passed from the substantial completion date(anticipated to be October 1, 2015),
(2) the State has provided a Notice of Release to the City for the roadway segment as described in
3.1,
(3) the County has provided a Notice of Release to the City for the County-held properties in
Segment#3.
(4) the City has issued a Notice of Acceptance to both the State and the County that all conditions of
this Agreement have been satisfied and the roadway is in a condition reasonably anticipated for its
age. Such Notice of Acceptance may not be unreasonably withheld, conditioned or delayed by the
City. The City shall notice the State as to any deficiencies shall occur prior to October 1, 2018 to
allow the state time to address or respond to identified issues.
5.1. MnDOT maintenance will include routine snow and ice maintenance duties and maintenance of
the roadway surface including the curb and gutter. MnDOT will maintain the roadway to its
standards and will not routinely mow along the roadway.
5.2. On or about October 2, 2019 the City as the road authority will be responsible for maintenance
of this roadway segment. The City will thereafter be responsible for performing and paying for
all maintenance and reconstruction of this roadway segment, including all structures and
facilities that constitute a part of such roadway to the standards it sets for city streets.
5.3. MnDOT or its designee will have maintenance responsibility,including any related operational
liabilities to the extent authorized by law, for roadway Segments#1 and#3 for the Maintenance
Period as defined above.
5.4. Washington County will not be responsible for any maintenance or any related operational
liabilities to the extent authorized by law within Segments#1 and#3 upon completion of
construction.
6. Responsibility for Claims
MnDOT will remain responsible, to the extent authorized by Minnesota Statutes §3.736 and other
applicable law, for claims related to construction,maintenance, and operation of the Roadway
Segments during the period when it is under MnDOT control, even if such claims are filed after the
City receives the Notice of Release. Subject to the provisions of Minn. Stat. 466.04 the City will be
responsible for claims arising out of its own construction, maintenance,or operations of the Road,«vay
Segments after it has received the Notice of Release and fully assumed maintenance responsibility.
7. General Provisions
7.1. Venue. Venue for all legal proceedings out of this Agreement, or its breach,must be in the
appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
7.2. Termination. This Agreement may be terminated only by mutual written agreement of the
parties.
7.3. Severability. If any provision of this Agreement is found to be invalid or unenforceable, such
provision will not affect the validity or enforceability of any other provision of this Agreement,
which will remain in force and effect.
7.4. Merger. This Agreement contains all prior negotiations and agreements between MnDOT,the
County and the City. No other understanding regarding this Agreement, whether written or
oral, may be used to bind either party.
7.5. Amendments. Any amendment to this Agreement must be in writing and will not be effective
until it has been executed and approved by all of the same parties who executed and approved
this Agreement, or their successors in office.
7.6. Goveri naentData. This Agreement, and any data exchanged by the parties pursuant to this
Agreement, will be "government data" and subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13.
7.7. State Audits. The books, records, documents, and accounting practices and procedures of the
City, County and MnDOT relevant to this Agreement are subject to examination by the parties,
including any agent or representative of a party and the State Auditor or Legislative Auditor,
for a minimum of six years.
8. Additional Provisions
8.1. Right-of-way release limits are preliminarily as shown in Exhibit B,
8.2. MnDOT and the County have transportation easements for the north frontage road properties
and do not own the underlying fee title. MnDOT and the County each represent that their
respective property rights are transferable and effective for the purpose of creating a frontage
road and city street complete with all customary rights of way and rights to place municipal and
related utilities.
8.3. Necessary lands have been secured by the County to allow for Segment#3 to be constructed as
shown in the Project Plan. No part of this expense shall be the direct or indirect obligation of
the City. Should a conflict arise where the property interest(s)to be transferred to the City are
not suitable for City roadway purposes under this Agreement,the County shall promptly correct
any and all defects at its sole expense. Multiple segments of temporary easements will be
required to be purchased to facilitate the construction of the project as shown in the Project
Plan by the County and/or State the of NCN as well and a new access to Oren Avenue from
the Fury Motors North Lot that lies north of the proposed new frontage road alignment. No
part of this expense shall be the direct or indirect obligation of the City of Oak Park Heights.
8.4. Necessary lands have been secured by the City to allow for Segment#3 to be constructed as
shown in the Project Plan(Westbury Property). No part of this expense shall be the direct or
indirect obligation of the County.
8.5. Any required private access or other property owner accommodations provided to or on behalf
of the CARQUEST building/site(or for any other lands impacted by this Project) shall be
entirely the cost of The State of MN and/or the County. Any liabilities for"takings" or other
condemnation actions as a result of the implementation of this Plan shall be fully defended
and/or paid by the State of MN and/or the County.
8.6. Recording of the conveyance documents from the County and MnDOT and any costs associated
v,ith that process will be the City's responsibility; MnDOT and the County shall at their
expense review and approve, any such documents as the City Attorney believes are necessary
for recording purposes. MnDOT will sign such documents subject to the approval of MnDOT's
Director of Land Management and the County will sign such documents subject to the approval
Of the COLHAY's Surveyor. MnDOT and the County shall deliver documents in recordable form
to the City as needed for this project. Once requested, signatures of MnDOT or the County may
not be unreasonably conditioned, withheld or delayed.
8.7. The roadways segments shown in Exhibit A are served by downstream storm water
infrastructure owned and maintained by MnDOT. Segments 1, 2&3 shall remain tributary to
those existing storm water systems and the City shall have the continued right to discharge
existing surface waters thereto.
8.8.
Once the roadways(Segments 1 and 3)are constructed the County may not close the left-turn in
lane (from northbound Osgood Ave) to the new frontage roadway(westbound) nor restrict nor
alter any other access to such roadway without the written consent of the City.Representatives
of the City and County have met on several occasions to consider current and future access
locations to the segment of Osgood Avenue, from TH 36 to Orleans Street. Exhibit C identifies
the other planned future major access locations for this segment of Osgood Avenue, including
the type of movements that are anticipated to be accommodated at those locations. Exhibit C is
attached hereto and incorporated by reference herein. All other access points to Osgood Ave.
shall be subject to restriction as the County deems necessary pursuant to established law. The
County discourages new direct private access to Osgood Avenue. Access to private property
should be provided by the local road network whenever reasonably possible.
8.9. MnDOT has developed the plans and specifications for the Segment#3 construction. The City
and County have each reviewed the plans and specifications and with their signatures on the
plans cover sheet have approved the construction plan and specifications currently being
advertised to prospective contractors. The County will control and manage the construction
work of this project.The plan set to be constructed were last signed and dated by the Project
Design Engineer dated: and are incorporated herein by reference. The County
shall provide a fmaI plan set demonstrating any and all changes since such signatures were
provided prior to the final execution of this Agreement.
8.10.Upon completion the County will secure and provide to the City final and correct"as built"
drawings and record plans from its contractor for the new frontage road(segments 1 & 3)and in
the"AutoCAD"format as required by the City Engineer.
8.11. The north frontage road at Osgood Ave is designed to accommodate a future traffic signal. No
material alterations to the design of the north frontage road(Segments 1 &3)may be made
without the written consent of the City and the County.
8.12. The City will be replacing the water main in Oren Ave. at its sole expense, but all final Iand
reclamations and roadway reconstruction,beyond water main trench re-filling within Segment
#3 construction area, shall be the responsibility of MnDOT and/or Washington County as
addressed with the frontage road realignment project. The City shall ensure proper compaction
for backfill of trenching or any other excavations. Settlement of the water-main trench or any
other excavations related to city work, and any costs that may arise due to poor compaction,will
be the responsibility of the City.
8.13. During the construction of Segment #3 the City may at its discretion and cost inspect the
construction ,pork, attend construction meetin`s and revie.v all change orders. The city's
comments will be reviewed by the County. The County shall not materially deviate from the
approved plans without the written consent of the City which shall not be unreasonably
withheld by the City. The County will have authority over any issues that impact their execution
of the construction and administration of the Segment 43 construction. The County will notify
the City of any Change Orders that may be proposed.
8.14. MnDOT and the County will convey all their respective property rights in Segments#1  to
the City. Both the MnDOT and County have easement rights and not the underlying fee. If
underlying fee does exist, such interests shall also be fully released to the City at no cost. The
City required MnDOT and County property interests will be conveyed to the City within
approximately two years of final signature of this Agreement. A clause will be included in
MnDOT's conveyance that allows existing utilities to remain in the Segment#1 turn back area,
including any existing MnDOT-awned utilities. Any easements or other property interests
accepted by the City under this Agreement shall be wholly and completely released by the State
of Minnesota and the County to the City without restriction. There are no reservations or rights
expressed or implied being preserved by the State of MN and/or any other party from this
Agreement or any other prior agreement or contract.
8.15. MnDOT and the County shall ensure that all real property interests to be conveyed to the City
under this Agreement are free of all public or private encumbrances except those belonging to
the City and except for existing utilities authorized to remain in place pursuant to Article 8.14.
Should there be errors or defects in such conveyances to the City by MnDOT,then MnDOT
shall be required to correct such deficiencies. Should there be errors or defects in such
conveyances to the City by the County, then the County shall be required to correct such
deficiencies. MnDOT will provide the City with title information in MnDOT's possession and
reasonably requested by the City. If the City identifies any title issues or concerns prior to the
conveyance,the City will give MnDOT and the County prompt notice of such issues or
concerns. Neither the County nor the State will be required to correct deficiencies if those
deficiencies have been remedied by the City obtaining prescriptive rights pursuant to Minnesota
law. Both MnDot and the County will indemnify and defend the City from any and all title
claims asserted by any persons or entities claiming adverse rights that impair or impede the
City's right to locate, maintain or replace a street right of way for public transportation and
municipal utility placement and utilization.
8.16. Once the roadway has been placed under the jurisdiction of the City, the City will be the
exclusive permitting and regulatory authority for the roadway (segments 1 & 3)conveyed to the
City and retain full control over any/all utility locations, use, closures, easements,weight
restrictions and future modifications.
8.17. The City and the County will not maintain any facilities that serve a private function,regardless
of location;this includes the stairway to "Fury's upper lot' and any storm sewers that serve only
a private function, without a separate agreement approved by the City and/or the County. This
does not include the retaining wall that is part of the Segment#3 roadway and which will be the
City's responsibility. While under State or County jurisdiction or control,unless expressly and
separately approved by the City in writing, the State and the County must ensure that all private
facilities to be constructed shall not be located on lands to be conveyed to the City.
8.18. Washington County may close or restrict any access points to Osgood Avenue, lying south of
STH 36, as it deems necessary and pursuant to established law. Prior to any such closures, the
City and area property owners shall be provided Nvith reasonable and timely public review of
county plans, including an opportunity to comment on the proposal(s)and provide input.
8.19. There shall not be any street lighting(illumination)installed as part of this Project; if any street
lighting is requested or required by any entity,the requesting party shall pay for the installation
and pay for all required maintenance and electricity costs to operate .There shall not be any
plantings, trees or any other organic or inorganic ornamental elements of this Project. All
facilities shall be of highly durable, low-maintenance construction. if any such plantings or
ornamental items are requested or required by any entity,the requesting party shall pay for the
installation and pay for all future required maintenance and care at their own expense.
8.20. Should the City execute the water main work as generally outlined in this Agreement and the
State and/or the County not promptly and in good faith undertake the subsequent Oren Ave and
Segment#3 contract by July 15th, 2015,MnDOT shall, within 60 calendar days of receiving
written notice from the City, restore the Oren Ave surface and drainage elements to a condition
at least equivalent to its condition prior to the installation of the water main.
THE BALANCE OF TRIS PAGE HAS BEEN LEFT BLANK
CITY OF OAK PARK HEIGHTS DEPARTMENT OF
TRANSPORTATION
The undersigned certify that they have lawfully
executed this contract on behalf of the Recommended for Approval:
Governmental Unit as required by applicable
charter provisions,resolutions or ordinances.
By:
(District Engineer)
By: Date:
Title:
Approved:
Date: By:
(State Design Engineer)
By:
Date:
Title:
Date:
WASHINGTON COUNTY COMMISSIONER OF
ADMINISTRATION
The undersigned certify that they have lawfully
executed this contract on behalf of the
Governmental Unit as required by applicable
charter provisions,resolutions or ordinances. By:
(With delegated authority)
By: Date:
Title:
Date:
By:
Title:
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING
ITS EXECUTION.
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