HomeMy WebLinkAbout7E - Entry Monument / CSAH 21
CONSENT AGENDA:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
:\X\N
7E'
FRANK BOYLES, CITY MANAGER .-
CONSIDER APPROVAL OF cfTIr ATTORNEY
REPORT WITH RESPECT TO LANDSCAPING,
EQUIPMENT ACQUISITION AND ENTRY
MONUMENT FOR THE CSAH 21 PROJECT.
JULY 15, 1996
The City Council at their June 17, 1996 meeting
approved the Plans and Specifications, Cooperative
Agreement, and Proposed Street Lighting Program for
the CSAH 21 Improvement Project from approximately
Fish Point Road easterly to the City Limits. Attached
for Council information is a copy of the Agenda Report
received on June 17th. The Council took no action at the
June 17th meeting with respect to landscaping and
entry monument subject to receipt of the report from the
City Attorney regarding two issues.
The City Attorney has prepared a letter to Mary Ippel,
Bond Counsel, at Briggs and Morgan requesting that she
provide a written opinion regarding:
1. Does the City have the legal authority to use bond
proceeds for an item or items not specifically
identified in the feasibility study, but which are
related to the overall improvement of that roadway
segment?
2. If the answer to question 1 is affirmative, could the
City complete the landscaping part of the
improvements to CSAH 21 budgeted at $60,000 by
purchasing equipment, nursery stock, and using City
Staff rather than advertising for bids and contracting
the work out?
Attached for Council information is a copy of Mary
Ippel's July 9, 1996 response to the two questions.
Ms. Ippel indicates that the City is authorized to
purchase equipment and use City Staff to complete
landscaping rather than advertise for bids and contract
out for the work. She also indicates that the entry
monument may be considered part of the "landscaping
715967E,DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
and appurtenant work" referred to in the feasibility
report. Therefore, the City could use bond proceeds to
complete the landscaping and entry monument so long
as the cost does not exceed $60,000/
ISSUES: The legal questions raised by the City Council have been
addressed by the City Attorney and Bond Counsel: The
questions remaining relate more to the Council's
preferences for how and whether certain aspects of the
project should be completed. The alternatives are shown
below.
AL TERNA TIVES: 1. Authorize the landscaping to be completed by Force
Labor including acquisition of nursery stock and
additional landscapin~ equipment at a cost not to
exceed $50,000.
2. Authorize the installation of an entry monument in
accordance with the attached concept plan not to
exceed $10,000.
3. Authorize landscaping only through contract with
others, not to exceed $60,000.
4. Defer the subject until receipt of additional
informa tion.
RECOMMENDATION: The Council should determine which of the above
alternatives, if any, the staff should implement.
ACTION REQUIRED: Motion and second to direct the staff to implement one
or more of the above suggested alternatives.
715967E.DOC
'CAMPBELL, KNurSON, SCUI r & ~UCHS, P.A
Jul 8,96 16:16 No.008 P.01
C:AMPBELL, KNlJTS()N,
AttIJrney
PO'I~'f" Fax Note
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ax.
FaJC ,
TI\(lm<l:- J. C;lI1lphdl
l{og\,'r N. Knut:O;(11\
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G,lry G. hll:h~
),111l\":; It WilJ:.;hltl
hllinfl B. KOt,ts..:h
S\l('~:lII l.p:! Pan'
(612) 4~,.., .,.'.._
Fax (612) 452,5550
John F. Kt.lly
Margul.titc M. M"C,..rrlln
(i(,ooruc T. SIt'pllt,'flSI H\
1uly 8, 1996
Ms, Mary Jppel
Briggs and Morgan
2200 First National Bank Bldg.
81. Paul, Minnesota 55101
Re: City of Prior Lake I CSAH 21
Dear ~1: wcr
Let me begin by thanking you for the tilne we spent on the phone last Wednesday. As I
described the Mayor and several Councilmembers have raised a question concerning the propriety of
expending bond proceeds to purchase equipment. In your letter to Ralph Teschner dated June 12. 1996,
you advised that the City could use day labor and purchase equipment for one of the improvements, 8S
long as the improvement was under $2S,000.
I. FACTS
In 1993 the City issued $3 million in general obligation bonds to fund 8 number of projects
described and set forth in a feasibility study prepared by City staff and adopted by the City Council.
See Resolution 93-05. One of the improvements authorized by the Council was to CSAH 21 and
involved the construction of storm sewer, concrete curb and gutter J lighting, sidewalk. landscaping and
appurtenant work.
At a recent Council meeting City staff proposed to complete the landscaping portion of the
improvement using City staff, and by purchasing a piece of "landscaping" equipment. The feasibility
study budgeted $60,000.00 for the landscaping improvement. By purchasing a tree spade ("equipment")
for $18,000.00. and using City staff to do the work. staff believes it can complete the landscaping for
$50,000.00. (The feasibility study did not describe how the work would be accomplished.) Staff
further proposes that the $10,000.00 that would be saved by the City doing the landscaping could be
used to purchase an entry monument for the City. The feaSibility study did Dot include' an entry
monument.
Sllir{~ ] J 7 · EagHIldale ()ffi(.~c CCnl(~r · 1380 COrpOral(~ (~enter Curve . Eagan, MN .5S 121
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
Jul 8,96 16:17 No.008 P.02
M. Ippel
Iuly 8, 1996
Page 2 of 2
II. QUESTION
Based upon the above described facts. the City Council has raised two (2) questions. The first
is whether the City can complete the landscaping portion of the improvements to CSAH 21. budgeted
at 560,000.00, by purchasing equipment and using City staff rather than advertising for bids and
contractine the work out. See Minn. Stat. 1429.041 Subd. 4 Alternate Procedure on Street
lmprovem~nls. The second question is whether the City, based upon the facts set out above. can use
excess bond proceeds for an item not set forth in the feasibility study.
Dr. REQUEST
As the City's bond counsel, I would appreciate a brief written opinion addressing the questions
set forth above.
Very truly yours,
CAMPBELL, KNUTSON. SCOTT
& FUCHS, P.A.
BY:~
Suesan Lea Pace
City Attorney
SLP::kgm
cc: Frank Boyles, City Manager
LA,., O'F'fl'J:CES
BRIGGS .e..ND MORGAN
PJ'lO:BXS s:tO'N..a.L ~,!; SOC:I..a.T10N
,,~oo ?JJlR'X" WATIQN",t. :a..N.8: BUI1.DING
SADlTT p~n L., :JlllINNESOT.... r.idl0.1
TELE~BoWE(eW'~S3-ft800
1I'A,CSIXI1.E ("]Siu &SiJ:3- 84150
W"RXT:lt~ DUIECT J)1A"- Jfot lJlIIlSJr.:R
July 10, 1996
](I. r>fN J!.A.POLIS aTP'tc II!:
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Tll;LJs.PtiQl)l& 1_ 334- 8400
~...C!lDULZ ~) 000 -3860
(612) 223-6620
VIA FACSIMILE
Frank Boyles
City Manager
447-4245
Suesan Lea Pace
Campbell, Knutson, Scott & Fuchs
452-5550
Re: City of Prior Lake/CSAB 21
Dear Frank and Suesan:
I am in receipt of a letter from Suesan Pace dated July 8, 1996.
Based upon the facts described in the letter of Suesan Pace the City has raised 2
questions. The first is whether the City can complete the landscaping portion of the
improvements to CSAH 21, budget at 560,000, by purchasing equipment and using City
staff rather than advertising for bids and contracting the work out. In our opinion,
Minnesota Statutes, Section 429.041, Subdivision 4 authorizes the City as to any
improvement to purchase equipment and use City staff to complete the landscaping
rather than advertising for bids and contracting the work out.
'The second question is whether the City, based upon the facts set forth in the
letter of Suesan Pace, can use excess bond proceeds for an item not set forth in the
feasibility study. The feasibility study did not include an entry monument but the
description of the CSA:H 21 improvements included "landscaping and appurtenant "Work.'1
In our opinion the entry monument would constitute part of the ''landscaping and
appurtenant work" and, therefore, the City can use excess bond proceeds to pay for the
entry monument. The total amount of the landc;caping, including the entry monument,
does not exceed the budgeted amount of 560,000.
giG d g9VGSL l ggS 'oN/v 0 : II IS/gO: II 96.0 l 'LO (Q]}A)
NVDHOW l SDDIHff WOHd
BRIGGS ~J!q.D MO.f1.0AN'
FrSDk Boyles and Suesan Lea Pace
July 10, 1996
Page 2
If you have any additional questions concerning the foregoing please contact us.
Very truly yours,
'-/~d'V
Mary 1.:. Ippel
ML~
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AGENDA:
PREPARED BY:
SUBJECT:
7B:
JOHN WINGARD, ASSISTANT CITY ENGINEER
CONSIDER APPROVAL OF RESOLUTION 96-60
APPROVING PLANS AND SPECIFICATIONS FOR
CSAH 21, APPROVAL OF THE COOPERATIVE
AGREEMENT WITH SCOTT COUNTY AND
APPROVAL OF FUNDS FOR LANDSCAPING AND
STREET LIGHTING, AND RESOLUTION 96-61
AUTHORIZING RESTRICTIONS FOR PARKING ON
CSAH 21
JUNE 17, 1996
. DATE:
INTRODUCTION:
At the June 3rd meeting, the City Council addressed
landscaping, lighting, entry monument and deferred
action on the cooperative agreement and plans and
specifications. The purpose of this agenda item is to:
1.) Consider approval of Resolution 96-60 which:
. Approves the plans and specifications for the
improvements to CSAH 21 from Fish Point Road
to the east city limits.
. Approves the cooperative agreement with Scott
County for improvements to CSAH 21.
. Approves funding for landscaping
2.) Consider approval of Resolution 96-61 restricting
parking on CSAH 21.
This will complete the City Council's deliberations with
respect to this project.
BACKGROUND:
The CSAH 21 plan is for a four lane urban roadway
with an 8' bituminous bike trail on the South side. This
bike trail will connect with an existing bike trail in
Cleary Park. The project begins 200' east of Fish
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQCAL OPPORTt.:NITY EMPLOYER
Point Road in Prior Lake and continues easterly 3800'
to the east City limits. The project continues 1300'
east of CSAH 27 in Credit River Township to connect
to the existing portion of CSAH 21 which connects to I
35 (See the attached map).
The new street alignment for CSAH 21.. will follow the
old railroad right-of-way, therefore, the old CSAH 21
alignment can remain. The county intends to turn this
road back to the city to be used as a frontage road for
the property owners along the north side of CSAH 21
from Adelman Street to County Road 87. This project
includes the milling of the existing bituminous surface
of old CSAH 21 from Adelman Street to County Road
87. The frontage road will be provided with a new
surface by overlaying 3" of bituminous on the milled
aggregate.
The project also includes the reconfiguration of the
County Road 87 intersection with CSAH 21. The
northerly 600 feet of County Road 87 will be shifted to
the east and constructed with a bituminous surface
meeting 9 ton design standards.
Staff has prepared a revised street lighting layout
pursuant to the City Council's June 3rd direction. The
existing street lighting stops 200' east of Fish Point
Road. The new street lighting layout provides for
street lights at intervals of approximately 150' to
illuminate the trail on the south side CSAH 21. This
lighting will improve security for businesses along
CSAH 21 as well as the new city maintenance
building. The estimated cost for street lighting is
$80,000.
The landscaping and entry monument will be
completed in accordance with the Council's June 3rd
action. The total amount for landscaping is estimated
to be $50,000.
DISCUSSION:
The detailed plans are available at the Public Works
office for city council review. Staff will be making a
presentation at the meeting.
2
The City's share of the costs for the CSAH 21
cooperative agreement are for storm sewer, curb and
gutter, watermain and bike path. The cost breakdown
for the cooperative agreement is as follows:
Bike Path
Storm Sewer
Water
Mill & Overlay frontage road
Curb and Gutter
180/0 Engineering
Total
City's Share of Cost
,;- $21,623.00
$129,601.17
$5,249.17
$8562.50
$16,473.00
$32,671.59
$214,180.43
The storm sewer amount will be adjusted based on
the MnDOT hydraulics engineer's cost split, which is
based on State Aid rules. The amount of the
cooperative agreement will be adjusted based upon
actual bid amounts and final quantities. The project
was bonded for in 1993. The City is required to make
payment of 850/0 of the bond amount within 3 years
after the sale of the bond. The City is working at
completing the other projects associated with the
1993 bond (Carriage Hills Parkway by Carriage Hills,
Sirens, Industrial Park Storm Sewer, Mitchell Pond
Storm Sewer) to allow for more money to be available
for the CSAH 21 project. The three year period ends
on July 8, 1996. Staff intends to submit future
invoices in the amount of $250,000 to cover the city's
share of the cooperative agreement. The county will
rebate the balance to the city when the project is
completed.
FUNDING:
This project was bonded in 1993 for $405,000. The
1993 breakdown for bonding was as follows:
Storm Sewer, Curb
Lighting
Sidewalk/Bikeway
Landscaping
Watermain Crossings
Total
Bond Est.
$200,000
$100,000
$ 30,000
$ 60,000
$ 15,000
$405,000
Ac1Y..il
$250.000
$80~000
(included above)
$50,000
(included above)
$380,000
3
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
The total encumbrance requested is $380,000. The
balance of $25,000 would remain in the construction
fund.
The Cooperative Agreement for County Project
S.A.P. 70-621-09, improvement of CSAH 21 is
attached. The project cost is $2,289,849.96. The
total City cost is estimated to be $214,180.43. The
total will be adjusted based on actual construction
costs.
The Alternatives are as follows:
1. Approval of Resolutions 96-60 and 96-61 are
required from the city for the county to implement
the improvements to CSAH 21
2. Table this item for a specific reason.
3. Deny this Agenda item for a specific reason.
The recommendation is for Alternative NO.1. The
county is awaiting the City's final action. The project
will begin this fall and expected for completion in the
fall of 1997.
Motion and second to adopt Resolutions -196-60 and
96-61.
REVIEWED BY: 1
4
RESOLUTION 96-60
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR CSAH 21, APPROVAL OF THE
COOPERATIVE AGREEIVIENT WITH SCOTT COUNTY
AND APPROVAL OF FUNDING FOR STREET LIGHTS Al~D
LANDSCAPING ON CSAH 21
l\'IOTION BY:
. SECONDED BY:
WHEREAS, plans and specifications showing proposed alignment. profiles, grades and
cross-sections for the construction, reconstruction or improvement of
County State Aid Highway No. 21 within the limits of Prior Lake as a
County project have been prepared and presented to the City, and
WHEREAS, the street lighting will be completed by NSP along CSAH 21 and the
estimated cost is $80,000, and
WHEREAS, the landscaping will be completed by the Parks Department, the estimated
cost to be $50,000.
N,OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, l\'IINNESOT A., that said plans, specifications, street lighting, and landscaping be
in all things approved.
Passed and adopted this 17th day of June, 1996.
YES
NO
Andren
Greenfield
Kedrowski
Mader
Schenck
Andren
Greenfield
Kedrowski
Mader
Schenck
Frank Boyles
City Manager
City ofPnor Lake
{ Seal}
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447 -4230 / Fax (612) 447-4245
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County Project No. SAP 70-621-09
City of Prior Lake
County of Scott
The County or its agents will advertise for bids for the work and construction of the aforesaid
Project No. SAP 70-621-09, receive and open bids pursuant to said advertisement and enter into a
contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law
in such case provided for counties. The contract is in form and includes the plans and specifications
prepared by the County or its agents, which said plans and specifications are by this reference made a
part hereof.
II
The County shall administer the contract and inspect the construction of the contract work
contemplated herewith. The City Engineer shall cooperate with the County Engineer and his staff at their
request to the extent necessary, but shall have no other responsibility for the supervision of the work.
III
The City shall reimburse the County for its share in the construction cost of the contract work for
said project and the total final contract construction cost shall be apportioned as set forth in the Oiv'ision
of Cost Summary in said Exhibit "A" attached hereto. It is further agreed that the Engineer's Estimate
referred to in this agreement is an estimate of the construction cost for the contract work on said project
and that the unit prices set forth in the contract with the successful bidder and the final quantities as
measured by the Engineer shall govern in computing the total final contract construction cost for
apportioning the cost of said project according to the provisions of this paragraph.
IV
In addition to payment of the City's proportionate share of the contract construction cost, the
County and the City further agree to participate in the Preliminary Engineering, which includes all costs
of planning, design and preparation of plans and specifications, in an amount of ten percent (100/0) of the
2
County Project No. SAP 70-621-09
City of Prior Lake
County of Scott
VII
All records kept by the City and the County with respect to this project shall be subject to
examination by the representatives of each party hereto. All data co lIE7cted , created, received,
maintained or disseminated for any purpose by the activities of the County or City pursuant to this
Contract shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules
implementing such Act now in force or hereafter adopted.
VIII
The County reserves the right not to issue any permits for a period of five (5) years after
completion of the project for any service cuts in the roadway surfacing of the County Highway included
in this project for any installation of underground utilities which would be considered as new work;
service cuts shall be allowed for the maintenance and repair of any existing underground utilities.
IX
The City shall, at its own expense, remove and replace all City owned signs that are within the
construction limits of this project.
x
Upon completion of this project, the County, at its expense, shall place the necessary signs and
:he City I at its expense, shall provide the enforcement for the prohibition of on-street parking on that
portion of CSAH 21 constructed under this project.
No modification of the above parking restrictions shall be made without first obtaini~g a resolution
from the County Board of Commissioners permitting said modification.
4
County Project No. SAP 70-621-09
City of Prior Lake
County of Scott
party further agrees to defend at its sole cost and expense any action or proceeding commenced for the
purpose of asserting any claim of whatsoever character arising in connection with or by virtue of
performance of its own work as provided herein.
XIV
It is furthe~ agreed that any and all employees of the City and all other persons engaged by the
City in the performance of any work or services required or provided herein to be performed by the City
shall not be considered employees, agents or independent contractors of the County, and that any and
all claims that mayor might arise under the Worker's Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of said City 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 City
employees while so engaged in any of the work or services provided to be rendered herein shall be the
sole responsibility of the City shall in no way be the obligation or responsibility of the County.
Any and all employees of the County and all other persons engaged by the County in the
performance of any work or services required or provided for herein to be performed by the County shall
not be considered employees, agents or independent contractors of the City, and that any and all claims
that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act
::>f the State of Minnesota on behalf of said County 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 in any of the work or services provided to be rendered herein shal,l be the sole
responsibility of the County and shall in no way be the obligation or responsibility of the City.
6
County Project No. SAP 70-621-09
City of Prior Lake
County of Scott
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed
by their respective duly authorized officers as af the day and year first above written.
CITY OF PRIOR LAKE
(SEAL)
8y
And
Mayor
City Administrator
Date
Date
COUNTY OF SCOTT
ATTEST:
By
By
County Administrator
Chairman of Its County Soard
Date
Date
Upon proper execution, this agraement
will be legally valid and binding.
RECOMMEND FOR APPROVAL:
By
By
County Attorney
County Highway Engineer
Date
Date
APPROVED AS TO EXECUTION:
8y
County Attorney
Date
JF.WPr:JOCS\AG~MT\C:::OP',1C621 09
~2.:9-95
8
S.? 70-621-09
DIV1Sl0N OF COST SUMMARY
EXHIBIT '-Art
S?~c. I ITEM I UNIT rorAL I UNIT I eSTlMA I cD CTY OF ?RIOR LAKE I
NO. eSi"O PRI~ AMOUNT esro I % I esro
QUANT. 'S CUANT.'S AMOUNT
250:1,51 I 11~" ~. c. :)IP: S EWE::l I UN. ,-'. ':3 I 12.55 I I 64 4.S I I I
2500.51 , 1'5' ~.c, "'P: SElNEFI I UN. ,-,, ael 14.12 I , .2S5.32 51 I 50.~ 375..38
4.-<c:l.51 I lIS" ~,C.:)'P: SEINE;:; I UN. ,-', 31 I 17.60 I 545.60 I I I
:"CC3.31 , ! 24" ::1.C. ~Ip; SEINE::; I UN. :'"', 47 I 22. 15 I 1.C415: I I
:"COJ.31 I l~ ~.C.:)'P; sEWE;:; I UN. "', 2HS I 46.ZS I 9.990.00 '5 I 50. O"XJ 370.00 I
25C:1.51 I 13ei ~.C. "'P; SEINEFI C~SS 11/ I UN. ,..,. '22 I 50.00 I 5.100.00 '22 I 5O.O'%J 3.CSO.OO
2SO:J.511 14T ~.C. :)"': SElNEFI I UN. ,-'. ~21 57,60 I 20.415.20 I I
25c:J,34 , 1'4" ::1.C.:)!P; SE'NEFI ::::ESIGN 3005 I WN. ,-" 1.a:J2 I lS.Ja I 28.::9.60 I ~10 I SO. C'%l 3.1~.50 I
2..<c:l.S41 lIS' ~.C. "'P; SElNEFl CESIGN 300S I UN,-;, 1.604 I 17,50 I 28.070.00 ..s..1 50.~ 3.912.50
25c:J.5~ 1 I 'S" ~.C. ~!P; SEWEFl DESIGN 3~ I UN, ,-'. , .4<&2 I 20.:5 I 29.:ZOC.50 ecsl 50.~ 5.125.6:1 I
2S03.341 121" ::1.C. ?'P: SE'NE::l DESIGN 300S I UN. .-'. 4441 24.CO I 'O.s..co.OO I 21S I 50.0'%1 2.S8O.00
2-<c:l.54 I 124" ~.C.:)'P; SEWEFl CESiGN 3005 I UN, ,-" 2.879 I 2S.95 I n. Sag.os ass I so.o~ S.96O.88 i
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