HomeMy WebLinkAbout1992-11-17 CC Packet Special Meeting•
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THE BIRTHPLACE OF MINNESOTA
November 13, 1992
MEMO
T0: MAYOR AND COUNCIL
FROM: MARY LOU JOHNSON, CITY CLERK
SUBJECT: SPECIAL COUNCIL MEETING, TUESDAY, NOVEMBER 17, 1992, 7:00 P.M.
This memo is a reminder to Council that a Special. Meeting has been scheduled
for Tuesday evening, November 17, 1992 at 7:00 P.M. in the City Hall Council
Chambers, 216 North Fourth Street, Stillwater, Minnesota to consider the
following:
1. Informational Hearing on McKusick Lake Road Project, L.I. 261.
2. Any other business Council may wish to discuss.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121
WASHINGTON COUNTY /CITY OF STILLWATER
CONSTRUCTION REIMBURSEMENT AGREEMENT
SAP 82- 664 -01 CO. RD. 64 & SAP 169 - 117 -02 NEAL AVE. N.
This Agreement is made and entered into by and between the
County of Washington, .a body politic and corporate of the State
of Minnesota, hereinafter referred to as "the County" and the
City of Stillwater, a municipal corporation of the State of
Minnesota, hereinafter referred to as "the City ", pursuant to the
provisions of Minn. Stat. 471.59 and Minn. Stat. 162.17.
WITNESSETH:
WHEREAS, County Road 64 (McKusick Road) is maintained by
County, and
WHEREAS, the County and the City propose to improve and
rebuild Co. Rd. 64, hereinafter referred to as project SAP
169 - 166 -01 from County State Aid Highway (CSAH) 15 to CSAH 5, and
WHEREAS, the City proposes to rebuild Neal _ Ave. N.,
her !After referred to as SAP 169-117-02, from 806-ft.-south of
Co. Rd. 64 to 600 ft north of Co. Rd. 64.
WHEREAS, the County and City desire to use federal funds on
these improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE I. AGREEMENT WITH STATE
The County shall enter into an agreement with the
Commissioner of the Department of Transportation to call for
bids in accordance with the applicable statutes and provide
for construction supervision and inspection of SP 82- 664 -01
and SAP 169 - 117 -02.
ARTICLE II. BASIS OF PAYMENT BY THE CITY
Section A. Construction Costs
ty shall Pay to the COaStyF,
of the Cos 44 l*mr construction to , be
with Article I hereof, the costs of the construction described
below under "CITY- COST - PARTICIPATION CONSTRUCTION ". In addition,
the City shall pay to the County the costs of any contract change
orders or supplemental agreements which may be necessary to
complete City- cost - participation construction and the cost of any
settlements of claims made with the contractor in connection with
said City- cost - participation construction provided that the City
concurs in writing to the costs of contract change orders or
supplemental agreements or settlement of claims.
1
The payment by the City hereunder of its share of
construction cost shall be the product of the final quantities
of City- cost - participation construction work items performed
multiplied by the appropriate unit prices contained in the
construction contract to be awarded by the County in accordance
with Article I hereof and /or multiplied by the appropriate unit
prices contained 1.n any supplemental agreements to the contract
which provide for City-cost-participation construction.
Attached hereto, made a part hereof by reference and marked
SCHEDULE "I ", is preliminary construction cost estimate form
which lists all o the anticipated county cost participation
construction to b performed hereunder.
CITY - COST - PARTICIPATION CONSTRUCTION
100 PERCENT CITY COST:
Purchase of right of way on Co. Rd. 64 within the City and all
right of way for Neal Avenue North ettimatad at $29084.00.
Bike path base an surfeei0g surfacing not reimbursed by federal funds
estimated at °1173 148.04.
Storm sewer costa in Citya.not reimbursed by federal funds
sstiMatOd,At $97, 67.68.
Neal.'. A Vsnueliorth construction . i : 4 6,74
Neal Avenue:Northi construction inspection costs incurred by the
County estimated at $20,674.60.
Section B. Prorated Construction Costs
In addition to the payments due to the County computed in
Section A above, the City shall pay to the County an amount equal
to the City's final total share of construction costs as
determined in accordance with Section A. above multiplied by the
City's prorated shares of the contract costs in Item No.
2021.501, "Mobilization" and No. 563.601 "Traffic Control ".
ARTICLE III - PAYMENT BY THE CITY
Section A. Estimate and Payment of City's Cost Share
It is estimated, for accounting purposes, that the City's
share of the costs of the construction work to be performed by
the County hereunder which includes the City's shares of the
prorated items "Mobilization ", "Field Office" and "Traffic
Control" share is estimated at $28,924.98 as shown in the
attached SCHEDULE "I ". The County shall, when a construction
contract is awarded which includes the City- cost - participation
construction work to be performed hereunder, prepare a revised
SCHEDULE "I" base on the construction contract unit prices and
submit a copy of 4aid revised SCHEDULE "I" to the City. The City
- 2 -
shall upon receipt of a partial estimate of work performed pay to
the County the amount of the City's portion of the partial
estimate.
Section B. Final Payment By The City
It is contemplated that all of the construction work to be
performed under said construction contract is to be done on a
unit price basis. Upon the completion and acceptance of the work
provided for in said contract let by MN /DOT and preparation by
MN /DOT of a final estimate computing and determining the amount
due the contractor performing the work, the County shall
determine and compute the amount due the County from the City for
said City cost participation construction work as set forth
hereunder. The City shall pay its share of the final estimate.
ARTICLE VI
Section A. Nondiscrimination
The provisions of Minn. Stat. 181.59 and of any applicable
ordinance relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set further herein.
Section B. Claims
It is hereby understood and agreed that any and all employees of
the County and all other persons employed by the County in the
performance of construction and /or construction engineering work
or services required or provided for under this agreement shall
not be considered employees of the City and that any and all
claims that may or might arise under the Worker's Compensation
Act of the State of Minnesota on behalf of said employees while
so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said County
employees while so engaged on any of the construction and /or
construction engineering work or services to be rendered herein
shall in no way be the obligation or responsibility of the City.
IN TESTIMONYIWHEREOF the parties have duly executed this
Agreement by theii duly authorized officers.
CITY OF STILLWATER COUNTY OF WASHINGTON
By By
Mayor Chairman
Washington County Board
of Commissioners
Date Date
By By
City Administrator County Administrator
Approved as to form: Approved as to form:
City Attorney
Recommended for approval:
Asst. County Attorney
Recommended for approval:
Stillwater City Engineer Washington County Director of
Public Works
Attachment 1 - Schedule "I"
Attachment 2 - Construction Layout
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RESOLUTION NO. 92 -193
ORDERING PUBLIC INFORMATIONAL HEARING FOR L.I. 261,
IMPROVEMENTS FOR MCKUSICK LAKE ROAD
WHEREAS, pursuant to a resolution of the Council adopted January 22, 1991, a
report has been prepared by Short - Elliott- Hendrickson, Inc. with reference to
the reconstruction of McKusick Lake Road /County Road 64 from Owens Street to
Neal Avenue; and this report was received by the Council on April 21, 1992.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Stillwater, Minnesota:
1. The Council will consider the construction of such improvements in
accordance with the report and the assessment of abutting property for all
or a portion of the cost of the improvement pursuant to Minnesota
Statutes, Chapter 429 at an estimated total cost of the improvement of
$2,416,816.
2. A public informational hearing shall be held on such proposed improvement
on the 17th day of November, 1992 in the Council Chambers of the City Hall
at 7:00 P.M. and the City Clerk shall give mailed and published notice of
such hearing and improvement.
3. Short - Elliott- Hendrickson, Inc. is hereby designated as Engineers for this
improvement. They shall prepare plans and specifications for the making
of such improvement.
Adopted by Council this 22nd day of September, 1992.
ATTEST: i/Ctil-L_L
HISTORIC STILLWATER
View on Main Street
Mr. &Mrs. J,.. M Der,.y�
1115 M_ .. e.� Drive
Stillwater, 1r' 55082
October 21, 1992
To: Mayor and Council of the City of Stillwater;
From: R.M. and Renee Deragisch
As we will be unable to attend the public
meeting on November 17 regarding the McKusick
Road project - we would like to go on record
as being adamantly opposed to said project
as outlined in "Stillwater Scene" the City's
official newsletter.
Obviously the McKusick Road needs resurfacing -
but to turn it into an urban street is nothing
short of obscene!! To interfere with the
creek, wetlands etc and other contemplated
"improvements" should not be tolerated by
the citizens of Stillwater. The growth and
the impact of houses in that area should have
been considered BEFORE building permits were.
issued. Please, leave some of Stillwater as
it used to be, and fo on e LISTEN to your
constituents,.-
The Wor smith • 310 . Main treet
•
=SEN
ENGINEERS /ARCHITECTS ■ PLANNERS 3535 VADNAIS CENTER DRIVE, Si PAUL, MN 55110 -5108 612 490 -2000 800 325 -2055
November 13, 1992
Honorable Mayor and City Council
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
RE: Stillwater, Minnesota
McKusick Road /Neal Avenue
Improvements
L.I. 261
SEH File No. 91163 & 90115
Honorable Mayor and City Council:
Attached is a brief overview of the McKusick Road Improvements
which will be presented at the Public Hearing on Tuesday, November
17, 1992. The project consists of the reconstruction of McKusick
Road and Neal Avenue. Impacts to McKusick Lake and adjacent
wetlands are an issue because of filling required to construct the
road and bituminous walk. Approximately 2.4 acres of wetland /lake
O impacts are required which will be lessened or mitigated by the
construction of 3.6 acres of the same type of open water and
wetland habitat west of Browns Creek.
Also attached are copies of pictures that will be presented at the
Hearing. They show before and after shots of two areas along
McKusick Road. The before shots are actual pictures taken of the
project. The after shots are computer enhanced to show the
proposed improvements superimposed over the existing.
If you have any questions about the improvement prior to the Public
Hearing, please contact me.
BCP /bcp
SHORT ELLIOTT
HENDRICKSON INC. ST CLOUD, MN
Sincerely;
,<;_(7"
Barry C. Peters, P.E.
CHIPPEWA FALLS, WI MADISON, WI
•
STILLWATER, MINNESOTA
McKUSICK ROAD (CO. RD. 64)
IMPROVEMENTS
McKusick Road Improvements consist of the reconstruction of
McKusick Road (Co. Rd. 64) from Manninig Road (C.S.A.H. 15) to
Owens Street (C.S.A.H 5), the construction of Neal Avenue
south of McKusick Road and reconstruction of Neal Avenue north
of McKusick.
Project is 2.6 miles with 1 mile in the township (Manning Road to
Neal Avenue) and 1.6 miles within the city (Neal Avenue to
Owens Street).
The township portion of the McKusick Road reconstruction will
mainly be rural (24' driving surface, 8' shoulders and
ditches) with some areas of urban to protect inplace
obstacles. Urban section starts in the township near the
westerly Browns Creek crossing.
The City portion of the McKusick Road reconstruction is an urban
section (36' width, concrete curb and gutters and storm
sewers). An 8' bituminous walk is to be constructed along the
southerly and westerly sides (lake side) separated from the
street by a 3' grass boulevard.
The south Neal Avenue construction will consist of a rural section
with a 24' driving surface and 8' shoulders. The road will
connect to the existing deadend and be extended northerly and
easterly to McKusick Road.
The north Neal Avenue reconstruction will consist of an urban
section, 30' wide, with concrete curb and gutters. The road
will extend from the connection at McKusick Road to Oak Glen
Trail.
The project impacts wetlands and McKusick Lake in three areas. The
first is the westerly Browns Creek crossing (within the
township), the second along McKusick Road from the Oak Glen
Country Club entrance to near Owens Street and the third for
the southerly construction of Neal Avenue.
Wetland impacts consist of excavation and the placement of fill
within the wetland /lakes for the construction of the roadway
and bituminous walk improvements. At the westerly Browns
Creek crossing, approximately 0.7 acres of wetland will be
impacted by the construction. Along the remaining McKusick
Road improvements, approximately 0.6 acres of McKusick Lake
will be impacted as well as 0.5 acres of wetland adjacent to
McKusick Road east of the Oak Glen Country Club. The south
Neal Avenue construction will impact 0.6 acres of wetland.
The total loss of lake and wetland habitat is 2.4 acres.
These impacts will be lessened or mitigated with 3.6 acres of newly
created open water and wetland immediately west of Browns
Creek. The newly created area replaces the same type of open
water and wetland habitat at an approximate ratio of 1.5 times
the area impacted. Permits for the wetland impacts will be
required from the DNR, Corps of Engineers and Browns Creek
Watershed. These permits have been submitted and are being
reviewed at this time.
McKusick Road and Neal Avenue are on the Federal Aid Urban System
(FAU). Neal Avenue north of Mckusick is also on the City's
Municipal State -Aid (MSA) system. FAU, MSA, County and City
funds will be utilized for the project costs.
fjr)! )flry.Irr),(d i'J • :
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jiiwater
THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO: MAYOR AND COUNCIL
FROM: ANN PUNG - TERWEDO, CITY PLANNER
DATE: NOVEMBER 17, 1992
SUBJECT: COUNTY ROAD 64 AND NEAL AVENUE IMPROVEMENT
PROJECT.
Tim Fredbo, Minnesota Soil and Water Conservation
District, has prepared the following comments concerning
the County Road 64 and Neal Avenue improvement project.
Tim is the staff hydrologist for the Brown's Creek and
Middle St. Croix Watershed Management Organizations. He
reviews projects for consistency with the approved
watershed plans.
The Brown's Creek Watershed Management Organization will
be reviewing the project proposal at their meeting of
November 18, 1992. If the organization has additional
comments on this project, they will direct them to
Washington County. The Council will receive a copy.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612 - 439 -6121
MINNESOTA
SOIL AND WATER CONSERVATION DISTRICTS
WASHINGTON SOIL AND WATER
CONSERVATION DISTRICT
November 3, 1992
Mr. Richard D. Herold
Washington County Public Works
11660 Myeron Road North
Stillwater, MN 55082 -9573
Dear Mr. Herold:
1825 Curve Crest 81vd., Room 101
Stillwater, MN 55082
(612) 439-6361
Re: County Road 64 and Neal Avenue Improvement Project
The wetland impacts and subsequent mitigation plan, to
create 3.6 acres of wetland, satisfy the policies of the
Browns Creek and Middle St. Croix Water Management Plans,
and the interim provisions of the Wetland Conservation Act.
It appears that the proposed filling in wetlands has been
minimized to the extent possible.
The Browns Creek and Middle St. Croix WMO's main concern
with this project is that erosion be controlled during
construction. Sediment needs to be kept out of McKusick
Lake and Brown's Creek so water quality will not be
adversely affected. At a minimum, the following
construction site erosion and sediment control best
management practices (BMP's) should be utilized on this
site.
A floatable silt curtain should be deployed in McKusick
Lake. Silt fence should be erected near construction
limits, in all areas feasible, to keep sediment out of all
waters, including wetlands. Both the floatable silt
curtain, and the silt fence should be properly installed
prior to the start of any grading activity on the site, be
maintained throughout construction, and remain in place
until after vegetation is reestablished.
Storm sewer inlet protection should be installed on outfalls
that discharge into McKusick Lake and Browns Creek.
AN EQUAL OPPORTUNITY EMPLOYER
All disturbed areas should be seeded and mulched, or sodded
as soon as construction is complete. Rock rip rap should be
utilized to stabilize the fill that is placed in McKusick
Lake. This could be subject to erosion by wave action.
The Browns Creekland Middle St. Croix WMOs would appreciate
reviewing the erosion control plan for this project when it
becomes available.
If you have any questions, or require any additional
information, please feel free to contact me at 439 -6361.
Sincerely,
Tim Fredbo
Washington SWCD Staff
cc: Joel Schilling, SEH, Inc.
BCWMO
MSCWMO
Paae / of '7.----Pars
Date // 1 /*)
PETITION TO NE CITY COGNCIL OF THE CITY OF STI T ATER
We the undersigned commend the City of Stillwater and
Washington County for considering the much needed
reconstruction of McKusick Road /County Road 64.
It is important that the pedestrian/bicycle trail remain a
part of this improvement in order that the many Stillwater
citizens can safely enjoy the environment of this area.
Further, we request that the trail be constructed on the
south side of McKusick Road to minimize the number of street
crossings by the trail and to permit future easy access to
the trail around McKusick Lake that the City Council has
under study.
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DUANE W. ELLIOTT
910 Towne Circle
Stillwater, MN 55082
(612) 430 -3302
November 6, 1992
Honorable Mayor and City Council
City of Stillwater
City Hall
216 North Fourth Street
Stillwater, MN 55082
Dear Mayor Abrahamson and Council Members:
I wish to commend the City and the County for moving ahead on
the improvement of McKusick Road (County Road No. 64). The
upgraded standards to which the roadway will be constructed
will improve the roadway safety.
The trail for pedestrians and bicyclists is a great idea.
This trail will permit the many citizens who now jog, walk or
bicycle along this roadway to enjoy these activities in the
future with a whole lot more safety. This project will be an
improvement for the people of the City of Stillwater in the
truest sense of the word. The trail should be constructed on
the south side of McKusick Road in order to minimize the
number of street crossings by the trail and to permit an easy
connection to the trail around McKusick Lake the City Council
has under study.
I recognize that the limited right -of -way available in some
areas will cause some limited intrusions on wetlands. The
mitigation plan which has been developed provides an adequate
balance between the need for safe access to this area by the
citizens to enjoy the environment and any negative effect on
the environment itself.
Yours very truly,
cc: Washington County Public Works
•
•
November 16, 1992
Mr. Duane Elliott
910 Towne Circle
Stillwater, MN 55082
Dear Mr. Elliott:
At the Park and Recreation Board meeting of November 10, the
Board discussed the proposed McKusick Lake walkway and voted
unanimously to continue to support the creation of the walkway.
If we can provide further assistance to you in this matter,
please let us know.
Sincerely yours,
Wayne Wohlers
Chairman
Parks and Recreation Board
cc: Nile Kriesel, City Coordinator
Tim Thomsen, Parks Supervisor
•
MINUTES
STILLWATER PARKS AND RECREATION
BOARD MEETING
November 10, 1992
MEMBERS PRESENT: Wayne Wohlers, Doug Hartman, David Junker, Alan
Liehr, Rob McGarry, Ken Meister, and
Mike Polehna
MEMBERS ABSENT: Jim Gannon, Steve Joyce, Tom Lillesve and
Roberta Opheim
ALSO PRESENT: Tim Thomsen and Bob Bielenberg
Chairman Wohlers called the meeting to order at 7:10 p.m.
APPROVAL OF MINUTES
Motion by David Junker, seconded by Ken Meister to approve the
minutes of October 27, 1992 as submitted. All in favor.
OLD BUSINESS
Wayne Wohlers noted a letter from Mary and David Ruch commending
the Parks Department for removal of dead pine trees adjacent to
their property.
He also read a letter from Arthur and Patricia Gill indicating
their interest in serving on the Parks and Recreation Board.
1CKUSICK LAKE WALKWAY
Wayne reported that Duane Elliott has contacted him with his
concern that the walking path and bike trail for McKusick Lake
will not go through. The plan calls for filling one and one -half
acre of wetlands. Three acres of new wetland will be added at
the other end of the lake to compensate. The City Council will
hold a public information meeting on this issue next Tuesday.
Mr. Elliott is asking for the Board's support.
The Board discussed the issue and determined that filling the
wetland would not be a problem because of the new wetland being
created. They also determined that the path would make the area
more available to more people, and would also lessen the danger
of walking along McKusick Lake Road.
Motion by Al Liehr, seconded by Doug Hartman that the Parks and
Recreation Board continues to support the creation of a walking
path around McKusick Lake. All in favor.
Mr. Wohlers asked that the secretary send a letter to Mr. Elliott
indicating the Board's support.
ARENA REPORT
Bob Bielenberg reported that he will be sending out notices for
Spring and Summer Hockey bids. Spring Hockey will be the
standard specs. Summer Hockey will be the four -week period from