Loading...
HomeMy WebLinkAboutA021 - Council Action Form dated July 25, 2006 ITEM # O DATE 07-25-06 COUNCIL ACTION FORM SUBJECT: ISU AUTHORIZATION TO CONSTRUCT SHARED USE PATH ALONG MORTENSEN ROAD AND STATE STREET BACKGROUND: The 2006-07 Shared Use Path System Program includes segments along the north side of Mortensen Road between Dotson Drive and Welch Avenue as well as along the west side of State Avenue from Mortensen Road north 1,320 feet. Under some circumstances, the University would be responsible for constructing, repairing, and maintaining a major portion of this project since it is on ISU property or along an institutional road. The University's participation in funding would have required programming the project into their budgetary process and would have delayed the construction for several years. With the completion of the new Middle School, many citizens felt these segments of our shared use path system should become a priority for the City to ensure safe routes to this school. Therefore, the City Council appropriated $300,000 to complete this project. Equally important was a desire to complete these safe routes in time for the school opening in August 2006. The City staff has been working diligently to complete this task in a timely fashion. The work has been awarded to Manatt's, Inc., of Ames. As the staff proceeded with the bidding process, it was hoped that an easement agreement with ISU would be approved by the Board of Regents in time so the completion date could be accomplished. This approval is necessary since a major portion of the shared use path will be on University property. Recently, it became apparent that Board approval in July was not possible. It is possible, however, for us to proceed with our construction plan through the issuance of an authorization letter from the Vice-President For Business and Finance at Iowa State University. However, even with this letter, ultimately we will need to obtain an easement that is approved by the Board of Regents. In addition, we have learned that this authorization letter will contain the following three conditions: 1) The University will agree to maintain this new path segment, which will include clearing snow, removing debris, and tree trimming. However, ISU will not commit to clearing the path of snow before 8:00 a.m. (With the closing of the Towers dormitories, there is no longer ISU staff available to accomplish this task prior to 8:00 a.m. This time restriction might result in complaints from Middle School parents who find that the path are not cleared of snow in time when the students are going to school.) 2) The University will agree to share equally the cost with the City for any repairs or reconstruction to the path segments that are required in the future. (Apparently, during negotiations for the purchase of the Middle School land, the Superintendent assured the Vice-President for Business and Finance that ISU would not be responsible for any road, sidewalk, or bike path improvements necessitated by the construction of the new Middle School. Therefore, ISU officials are reluctant to assume total responsibility for these path segments.) 3) The City will be responsible for repair or replacement for any path signage. (The City staff has no problem with this condition since we are responsible for signage on all path segments along the City system whether adjacent to City property or institutional roads.) ALTERNATIVES: 1. The City Council can direct staff to proceed with the construction of the shared path segments along Mortensen Road and State Avenue subject to the condition reflected in the attached authorization letter from Warren Madden. Under this alternative, the City staff will work immediately with ISU officials to transmit a request to the Board of Regents for approval of an easement agreement. 2. The City Council can direct staff to delay construction of the shared path segments along Mortensen Road and State Avenue until the Board of Regents has formally approved an easement agreement to allow for the placement of the path on ISU property/institutional roads. This alternative will prevent the path from being in place by the fall opening of the Middle School. In addition, action to delay could result in additional compensation to the contractor. MANAGER'S RECOMMENDED ACTION: We find ourselves in a dilemma. We preferably would not proceed with this path construction until an easement agreement had been negotiated to our satisfaction and approved by the Board of Regents. In this case, if we wait to accomplish our preferred course of action, the path will not be completed in time for the fall school opening. The risk involved with proceeding with the written authorization from the Vice-President for Business and Finance seems minimal since he has indicated that he will support the easement agreement when a request is brought before the Regents. In addition, I have been informed that this type of written authorization has been used successfully in the past when it was critical for the City to proceed with construction on University property and time did not allow for prior Board approval. An equally important issue deals with determining the appropriate level of City responsibility for repairing or reconstructing paths along institutional road sections or on University property. It appears that there is no one policy that offers guidance for this issue. There are examples where the University has accepted total responsibility along similar type path segments and other segments where the City has agreed to accept total responsibility. I must assume each new segment was dealt with on a case-by-case basis. It is true, as ISU officials point out, with the closing of the Towers dormitories, there are fewer students housed in the vicinity of this path. However, it is also true, as we might argue, that there are a number of students who live in apartments in this area and will no doubt use this path to traverse to the campus and ice arena. Therefore, the proposed condition that the City and University should share equally in the repair or reconstruction of this path seems reasonable for this situation. The City Council must decide how important it is to complete the shared use path in time for the fall opening of the Middle School. Assuming the timely completion of this project is important to the City Council and the community, it is the recommendation of the City Manager that the City Council adopt Alternative #1, thereby accepting the conditions in the attached authorization letter and directing staff to proceed with the construction project. With the strong support from the Vice-President of Business and Finance, there appears to be little risk that a formal request to the Board of Regents for the provisions highlighted in the authorization letter will be rejected.