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HomeMy WebLinkAboutDowntown Roadways / SMSC Stemmer Rd O� PRION ti U 4646 Dakota Street SE Prior Lake,NIN 55372 INNESO�� CITY COUNCIL WORK SESSION REPORT MEETING DATE: DECEMBER 8, 2014 AGENDA#: 1A & 1B PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: AGENDA ITEM 1A— LARRY POPPLER AND OTHERS AGENDA ITEM 1 B— FRANK BOYLES AGENDA ITEM: 1A - DOWNTOWN ROADWAYS UPDATE 1 B - SMSC AGREEMENT DISCUSSION: Introduction The purpose of this agenda report is to provide general background information for the topics scheduled for presentation and City Council discussion on Monday, December 8, 2014. Downtown Roadways Update Earlier this year the City Council direct that this topic be discussed at a work session. The purpose of the discussion is to provide information about the history, current status, and future plans for various roadways, intersections, accesses and egresses intended to serve our downtown area now and in the future. Because the roadways serving the downtown area are the responsibility of the city, county and state, we have asked representatives of each to speak. Prior Lake will be represented by Larry Poppler, Scott County by Tony Winiecki, and the State by Diane Langenbach. In brief, the Transportation Plan, including the downtown roadway plan is set forth in the community's 2030 Comprehensive Plan. The roadway plan consists of both arterials and support roadways and intersections. The key entry and exit points which are part of the downtown roadway plan are: • Duluth and TH 13 (existing) • Franklin Trail and TH 13 (proposed) • Pleasant and TH 13 (existing) • TH 13 and CR 21 (existing) • TH 13 and Main/Ridgemont (existing) • CR 21 and Main (existing) • CR 21 and Arcadia (existing) • CR 21 and Duluth (existing) While we do not know when, we are confident that traffic numbers will increase on these roadways— particularly CR 21 and TH 13. Accordingly, the city is working to stay ahead of the need for road lanes and intersections by planning for improvements before roadway and intersection operation begins to diminish and business access and egress suffers. Phone 952.447.9800/Fax 952.447.4245/www.cityofpriorlake.com This is why the Arcadia / CR 21 intersection and TH 13 / Main / Ridgemont intersections have been recently upgraded and the Duluth / TH 13 intersection is to be upgraded in 2015. Other intersection improvements are planned for the future such as TH 13 and CR 21, Franklin Trail / TH 13 or Pleasant / TH 13. Some roadway segments, while conceptually included in our Comprehensive Plan, are incomplete as well. Most notably the extension of Arcadia southerly from Colorado to TH 13 is anticipated someday but not financially programmed. A great deal of concern has centered upon the intersection of Main and CR 21 which is projected in 2019 for right in, right out only. While it is natural to focus on one road or intersection, it is important for us to focus on the operation of the entire downtown system. That is why the 2019 improvement project is proposed to focus on various key sections of the downtown roadway system. Larry Poppler has prepared a Powerpoint on this subject for Monday evening. Email invitations have been sent to Chamber members and the downtown business association so we are hopeful that we will have guests. SMSC Agreement The city's Comprehensive Plan calls for a north-south collector from County Road 12 to County Road 82 within the Stemmer Ridge subdivision. While the roadway is important it its own right (to move traffic to and from this area to larger roadways and to provide multiple accesses and egresses to neighborhoods), it is also the path for sewer and water infrastructure to serve the annexation area shown in our Comprehensive Plan. Accordingly, the city has already invested in excess of$3 million for the installation of a sewer pipe below County Road 82 from CR 21 to Howard Lake Road and an additional $1.25 million to install a major lift station along CR 21 together with sewer pipe under existing Stemmer Ridge Road to its northerly termination. In addition to these investments, the completion of County Road 12 would have been unlikely without the anticipation of development in the annexation area. As is the city's practice, this project moved from a concept in the Comprehensive Plan to a project with proposed financing in the city's Capital Improvement Program scheduled for completion in 2015. Consequently, this year the City Council authorized the city staff to initiate the Minnesota Statutes Ch. 429 special assessment project process. A public hearing was conducted and the staff was directed to prepare information on various options. That information has now been prepared and shared with the City Council in a recent Weekly Update and with the public at a recent neighborhood meeting. A second public hearing, as directed by the City Council, has been scheduled and noticed for Monday, December 22, 2014. In the meantime, the SMSC has purchased the 95+/-acre"Menden" property. This is significant since much of the remaining roadway and sewer and water pipe to be built lies on this property. Since the SMSC intends to develop a residential subdivision on this property, we have been working with them to prepare an agreement which will assure that the roadway is constructed together with the necessary sewer and water. A copy of the draft agreement is attached. The purpose of this work session is to allow the City Council to become more familiar with the document and ask any questions. City Attorney Rosow and City Engineer Poppler have been active in the preparation of the agreement. Tribal Administrator Bill Rudnicki has been as well and I anticipate he will be present to answer any questions the Council may have. The agreement sets forth the responsibilities of each party. At the work session, I will review the key aspects of the agreement with the City Council. Council consideration of this agreement is scheduled for December 22. In the meantime, both staffs will work to finalize the document, and the SMSC will seek to receive Business Council approval before that meeting. COOPERATIVE AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY FOR THE CONSTRUCTION AND MAINTENANCE OF THE EXTENSION OF STEMMER RIDGE ROAD TO CSAH 82/154TH STREET THIS COOPERATIVE AGREEMENT (the"Agreement")is made and entered into this day of , 2014,by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City") and the SHAKOPEE MDEWAKANTON SIOUX COMMUNITY, a federally recognized Indian Tribe ("SMSC"). RECITALS A. The SMSC is the owner in fee simple of real property located within the City of Prior Lake as depicted on Exhibit A, attached hereto, and legally described as shown on Exhibit B (the "Property"): [insert legal description] B. The SMSC will apply to the United States government to place the Property in trust status pursuant to 25 C.F.R. § 151.1 et seq. (the"Trust Application") for use as residential parcels for SMSC Members; C. The City has existing sanitary sewer lines that extend to the northern portion of the Property and to the south of the property along Stemmer Ridge Road; D. Approximately 2400 acres of land that lie to the southwest in an annexation area agreed to by Spring Lake Township such land being south of 1601h Street, east of County Road 79, north of 1901h Street and west of CSAH 17 (hereinafter referred to as the "Annexation Area") that requires municipal services for development; E. The parties agree to cooperate in the construction and maintenance of an extension of Stemmer Ridge Road from where it currently terminates south of the Property, across the Property to connect with County State Aid Highway ("CSAH") 82, also known as 154th Street, said roadway to provide access to the future SMSC residential parcels,and the construction of City water, and sanitary sewer which collectively are referred to as "Utilities") across the Property to allow the City to provide water and sanitary sewer service to the Annexation Area and the construction of initial phases by the SMSC of a residential subdivision including street and storm sewer (the "Project"); F. The parties desire to enter into this Agreement to establish their respective duties and obligations for the funding,construction, and maintenance of the above-described Project; G. The City will support and endorse the Tribe's Trust Application,while acknowledging this type of an agreement is not a prerequisite to having the Property taken into trust status and that 1 of 15 this agreement does not establish a precedent upon which the City can rely in relation to any future SMSC fee to trust application and similarly neither can the SMSC rely on the City's support and endorsement for future actions of any type; and H. The City is authorized to enter into this Agreement pursuant to Minnesota Statutes § 471.59. The SMSC has a current and rapidly growing demand for residential parcels and will require the planned residential units by the end of 2019 to meet this demand. The costs for these improvements are included in the SMSC five year CIP. Notwithstanding this need and planned expense the obligations to construct is conditioned upon the SMSC legislative body approving the necessary funds for the project. The City has expended significant funds constructing infrastructure in reliance on development of the Annexation Area. Notwithstanding this need and previous expenditure, the City's obligations herein are conditioned upon its City Council approving necessary funding for the Project. J. For purposes of this Agreement Force Majeure shall have the following meaning: Force majeure means a condition beyond the reasonable control of the SMSC or the City and which either could not, by reasonable diligence, have avoided. Such conditions include natural disaster, fire, accidents, actions or decrees of governmental bodies, acts of God, wars (declared and undeclared), acts of terrorism, riots, embargoes, civil insurrection, and other events of force majeure, but shall not include a lack of funds or insufficiency of resources caused by lack of funds. NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. EFFECTIVE DATE. This Agreement shall become effective on the date set forth above. 2. ALIGNMENT. Both the SMSC and the City of Prior Lake agree to concept for the north/ south road as shown in Exhibit C. It is understood that while this concept shows a general alignment, final design may adjust this alignment due to topography, wetland, or land use considerations. Notwithstanding, the street improvements shall include traffic calming design features such as a roundabout at the park entrance road, medians, minimum lane widths, street lights, a trail and sidewalk system and a design speed of 35 MPH. 3. UTILITY EASEMENT. At the time the City submits the Endorsement Letter as provided for in Paragraph 4, SMSC shall grant to the City an easement over the Property and within the right-of-way of the planned location of Stemmer Ridge Road for water and sewer purposes (the "Utility Easement"). The Easement shall grant the City the right to enter upon the Property for the purpose of repairing and maintaining utilities located in the Utility Easement and shall also include a duty to repair and restore any SMSC utility or roadway impacted by the repair. The City may begin to utilize this Utility Easement on the earlier of the date the land is taken into trust or upon completion of construction of the Utilities by the SMSC. After SMSC's construction of the Utilities is complete, the City Manager shall present to the City Council a resolution to vacate any portion of the easement area not necessary for the operation,maintenance,or repair of the utilities. 2of15 The City shall be responsible for all costs associated with the operation, repair, and maintenance of the Utilities. 4. TRUST APPLICATION. The SMSC shall submit the Trust Application to the United States government within sixty(60)days of the date of this Agreement. The land use for the Trust Application for the Property is residential use, except for that property which is within one thousand (1000) feet of CSAH 82/1541h Street. The City shall submit a letter to the United States government endorsing the Trust Application (the "Endorsement Letter"). Said letter shall be in the form attached as Exhibit D to this Agreement, and shall be submitted by the City with-in the authorized comment period for the Trust Application. If the City fails to submit the Endorsement Letter as required herein,the SMSC shall have the right to immediately terminate this Agreement. The SMSC shall provide notice to the City within three(3)business days of its receipt of a decision from the United States government on the Trust Application. 5. PROJECT DESCRIPTION. The Project shall consist of the design and construction of a right-of-way across the Property to provide access to future SMSC residential subdivisions, the extension of Stemmer Ridge Road to CSAH 82/1541h Street, the construction of water and sewer utilities within the right-of-way of the extension of Stemmer Ridge Road and the initial phases of construction of the SMSC residential subdivision, all as depicted on the attached Exhibit E, incorporated herein. 6. PLANS AND SPECIFICATIONS. SMSC shall have plans and specifications prepared for the Project. The sewer and water plans shall meet the City's Public Works Design Manual and SMSC plans for the storm sewer and ponds shall meet the requirements of the SMSC's Design Manual. The street improvements shall meet MnDOT State Aid requirements. The plans and specifications shall be subject to City approval as set forth below. 7. COST. SMSC shall be responsible for the full cost of the design, construction and materials for the Project, including but not limited to street, curb and gutter, valves, manhole covers, catch basins, and hydrants, except the material cost of the sanitary sewer pipe and water pipe only which the City shall pay for by reimbursement to the SMSC as provided for herein. The SMSC shall be responsible for the full cost of traffic safety improvements associated with the street work including but not limited to medians and roundabouts. 8. BIDDING AND CONTRACT. SMSC shall obtain bids for construction of the Project. The water and sanitary sewer pipe materials for the Utilities, to be paid for by the City, shall be itemized as a line item on the bid. Labor for installation of the Utilities shall be itemized as a separate line item. Once received, the bids shall be reviewed by both parties. The SMSC shall award the construction contract to the approved bidder. The pipe material bid and the award of the construction contract shall be subject to the City approval. Upon completion of installation of the Utilities the SMSC shall invoice the City for the pipe material cost. The City shall pay the invoice within thirty (30) calendar days. The SMSC shall supervise construction and administer the contract and shall be the paying agent for all payments due to the contractor and any other individual or entity hired in relation to the construction of the Project. 3of15 9. CITY APPROVAL. The City shall have the opportunity to review and approve the construction bids relative to the pipe material costs. The SMSC shall submit documents suitable for determining the pipe material costs to the City for approval prior to execution of the documents or performance of any related work. The City shall review the submission and shall provide to SMSC written approval or objection within fifteen (15) days of the City's receipt of the document(s). If the City objects, SMSC and the City shall use best efforts to achieve a mutually agreeable resolution on the pipe material cost. The approval of the bid, award of the bid, and execution of the construction contract shall not occur until the City and SMSC achieve a resolution acceptable to both parties. 10. COMPLETION OF THE PROJECT. Construction of the Utilities portion of the Project shall be completed within twelve(12)months of the date that SMSC receives notice that the federal government has accepted the Property in Trust status. 11. REPAIR AND MAINTENANCE. After construction is complete, SMSC shall be responsible for the repair and maintenance of the portion of Stemmer Ridge Road lying within the Trust Property. The City shall be responsible for the repair and maintenance of all portions of Stemmer Ridge Road not located within the Trust Property. The City shall be responsible for maintenance and repair of the City watermain and sanitary sewer pipe. The SMSC hereby grants the City permission to manage traffic on Stemmer Ridge Road across the Trust Property for purposes of maintenance and repair of the utilities, except that any temporary closure shall maintain resident and emergency vehicle access to the Community residential subdivision served by the roadway except in the event of a Force Majeure. The City shall be responsible for, and bear the full cost of, restoring any impacted SMSC utilities or infrastructure to an "as was or better" condition subject to inspection and acceptance by the SMSC. 12. INSPECTION. During construction of the Project, the City shall be responsible for inspecting the City sewer and water systems by either City staff or an outside consultant representing the City. The SMSC shall be responsible for inspecting the street improvements and other utilities serving the SMSC. 13. SIGNAGE. The City shall have the non-exclusive right to install signage within the right- of-way of Stemmer Ridge Road consistent with typical road signage that exists throughout the City, including but not limited to directional signage to Spring Lake Regional Park and the City Park. 14. ANNEXATION AREA. The granting of the easement and installation of the City water and sewer utilities allows the City to serve the development of the approximately 2400 acre annexation area agreed to by Spring Lake Township (the "Annexation Area"). It is not the intent of the SMSC to purchase land within the Annexation Area and if any such purchase is contemplated,the SMSC shall consult with the City prior to the purchase. 15. RIGHTS OF PUBLIC. The SMSC shall use its best efforts to have the portion of the constructed roadway lying on Trust Property listed on the Indian Reservation Roads Inventory maintained by the United States Department of the Interior, Bureau of Indian Affairs which has the effect of making the roadway a public roadway. Until such listing is made, the SMSC grants 4of15 to the City, on behalf of the public, the right to use the portion of Stemmer Ridge Road on the Trust Property. The SMSC may close Stemmer Ridge Road for such temporary periods of time that are necessary for repair and maintenance of the road and for emergencies except that any such closure shall maintain resident and emergency vehicle access to City residential subdivisions except in the event of a Force Majeure. 16. FUTURE INFRASTRUCTURE. The SMSC agrees to work with the City for the future siting of water supply infrastructure and an integrated water supply system. 17. ACTS AND OMISSIONS. Each party shall be is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. In no event shall the obligations of the City for a tort claim exceed the amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466. In no event shall the obligations of the SMSC for a tort claim exceed the amount the SMSC would be obligated to pay under the provision and limitations of the SMSC Tort Claims Ordinance. 18. DATA PRACTICES. All data created, collected, received, maintained or disseminated by the City for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. The SMSC asserts that it is not subject to the Minnesota Government Data Practices Act. To the extent it is decided by a court of competent jurisdiction that the SMSC is subject to the Minnesota Government Data Practices Act, it shall comply with the Act. 19. LIMITATION OF REMEDIES. In the event of a breach of the Agreement,neither party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. ASSIGNMENT. Neither party shall assign this Agreement,nor any interest arising herein, without the prior written consent of the other party. 21. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 22. WAIVER. No action nor failure to act by the City or the SMSC shall constitute a waiver of any right or duty afforded any of them under the Agreement,nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 23. GOVERNING LAW. When Tribal or Federal law does not apply, this Agreement is governed by and must be construed in accordance with the laws of the State of Minnesota without regard to Minnesota's conflict-of-law provisions. 5of15 24. AUTHORIZATION. This Agreement and all of its terms have been authorized and approved by the SMSC's Business Council Resolution No. , adopted the day of , 2014, attached hereto as Exhibit F. This Agreement and all of its terms have been authorized and approved by the City Council of the City of Prior Lake by Resolution , adopted the day of , 2014, attached hereto as Exhibit G. 25. NON-IMPAIRMENT. SMSC's Business Council will not initiate enactment of any law, ordinance,rule,or regulation that would impair the obligations of the SMSC under this Agreement. 26. REPRESENTATIONS AND WARRANTIES REGARDING IMPAIRMENT. The Business Council represents and warrants that it will not initiate any action to impair this Agreement, including an action to rescind this Agreement or any waiver contained herein except where the Business Council is acting on behalf of the SMSC as the non-breaching party in a breach of this Agreement. 27. DISPUTE RESOLUTION. The parties may meet if agreed to by both to attempt to negotiate an amicable resolution of any dispute arising from this Agreement. 28.Non-Waiver of Immunity. Nothing in this agreement shall constitute a waiver of the SMSC's sovereign immunity to suit. 29. NOTICES. Notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid and deposited in same in the U.S. Postal Service, addressed to the parties as listed below: City of Prior Lake Shakopee Mdewakanton Sioux Community Attn: City Engineer Attn: William Rudnicki 4646 Dakota Ave SE 2330 Sioux Trail SW Prior Lake, MN 55372 Prior Lake, MN 55376 30. SIGNING OF AGREEMENT. This Agreement may be signed in counterparts and on different dates by each party without affecting the validity thereof. 31. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the parties regarding the subject matter hereof, whether written or oral. 32. RECITALS. The recitals set forth in paragraphs A through H are incorporated herein and made a part hereof. IN WITNESS WHEREOF,this Agreement has been executed as of the day and year first above written. [Remainder of Page Intentionally Left Blank. Signature Pages Follow.] 6of15 CITY OF PRIOR LAKE BY: Kenneth L. Hedberg,Mayor BY: Frank Boyles, City Manager STATE OF MINNESOTA ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2014, by Kenneth L. Hedberg and Frank Boyles,the Mayor and City Manager, respectively, of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 7of15 SHAKOPEE MDEWAKANTON SIOUX COMMUNITY By: Its: By: Its: STATE OF MINNESOTA ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 2014, by and ,the and , respectively, of the Shakopee Mdewakanton Sioux Community, a federally recognized Indian Tribe, on behalf of the tribe and pursuant to the authority granted by its Notary Public DRAFTED BY: a r C, 4'4— (—)0 Gregerson, Rosow, Johnson&Nilan, ltd 01 �,,� .�•a .. "� 650 Third Avenue South LT D Suite 1600 Minneapolis, MN 55402 8of15