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City Council <br />July 14, 2003 <br />Page Two <br /> <br />onto their county road. Also, if you review the County cost participation policy, turn lanes <br />are to be fully funded by the City. It makes no sense that the City should fund the cost of a <br />turn lane from a county road onto a county road. <br /> <br />Item 2.G. in the body of the agreement talks about how monies will be dispersed from the <br />County to the City. The two methods mentioned in that paragraph are based upon the <br />percentage of the project completed or at the end of the project once the County has <br />accepted the project. City staff is concerned that with the City in the lead and in a <br />contractual arrangement with a contractor for the construction of this roadway, any dispute <br />on what the County will fund leaves the City responsible to pay the contractor for the work <br />performed and then deal with the dispute with the County over who should pay for it. City <br />staff would feel much more comfortable if the roles in this scenado were reversed. <br /> <br />Under item 2.A. the paragraph makes the City responsible for acquiring right-of-way for the <br />road if necessary. This puts the City in a unique comer. Currently, CR 44 is a rural-style <br />roadway; that is, it has no concrete curb and gutter and relies on roadside ditches for <br />drainage. Typically, an urban-style roadway with concrete curb and gutter and storm <br />sewer can be built within a lesser right-of-way requirement because there is no need for <br />ditches, and clear zones required by the Minnesota Department of Transportation are less. <br />However, if the road style is changed from rural to urban, the City would be required to pay <br />for all of the concrete curb and gutter. If it is not changed from rural to urban, the City is <br />required to acquire the additional right-of-way needed for road construction. It would seem <br />reasonable that if the County can build an urban road, minimizing the need for any <br />additional right-of-way acquisition, they should bear some of, if not all of the cost <br />responsibility for the curb and gutter, since it would be a decision based on the available <br />right-of-way, and not necessarily a decision based strictly on reconstructing a road in the <br />urban area of the City. <br /> <br />Based on these types of issues, it is the City's staff's recommendation that the City Council not pursue <br />the lead position in the reconstruction of CR 44. We also discussed how the County might react to <br />this position. We believe that the County may indicate that they will have difficulty finding County time <br />to design this roadway. If the City Council concurs, we would suggest an approach of asking the <br />County to put the manpower on this project for construction in 2005, rather than CSAH I in the <br />northern part of the City. <br /> <br />I will be in attendance at your July 21, 2003 City Council meeting to discuss this information further <br />and answer any questions. <br /> <br />Sincerely, <br /> <br />Howard R. Green Company <br /> <br />TJM:sw <br /> <br />Enclosures <br />Ltr-071403-Council <br /> <br />Howard R, Green Company <br /> <br /> <br />