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Home My WebLink About5G Kensington Avenue Agreement Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 12, 2017 AGENDA #: 5G PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE CITY TO ENTER A COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE KENSINGTON AVENUE TURNAROUND DISCUSSION: Introduction The purpose of this agenda item is to authorize the City to enter a Cooperative Agreement with the Scott County for the construction of a turnaround on Ken- sington Avenue at County Highway 42. The turnaround construction and removal of direct access from Kensington Avenue to CH42 will occur with the Summit Preserve residential development project. History The Summit Preserve development at the northeast corner of CH 42 and CH 18 is a mix of 177 proposed single family homes and townhomes. On May 22, 2017 the City Council approved the Summit Preserve Final Plat and Development Agreement. The Development Agreement references a separate agreement which will be considered for transfer of funds from Scott County to the City of Prior Lake to be utilized for the construction of a turnaround on Kensington Ave- nue. The Scott County Board approved a resolution to authorize entering a co- operative agreement with the City related to this item at their May 15, 2017 meet- ing. Current Circumstances As part of the residential development, Summit Preserve will be constructing a new full access street at Aspen Avenue, a location that is consistent with the County Highway 42 Corridor Study. Kensington Avenue is an existing city street east of the proposed development’s property. The Summit Preserve developer, Scott County, and the City are participating in the construction of the turnaround and elimination of direct access from Kensington Avenue to/from CH42. Conclusion City staff recommends approval of the resolution to authorize the City to enter a cooperative agreement with Scott County for cost-sharing the construction of a turnaround on Kensington Avenue. ISSUES: The elimination of direct access from Kensington Avenue to CH42 is identified in the City’s Land Use and Transportation section of its Comprehensive Plan. The construction costs include removal of a right turn lane and closure of street con- nection on CH 42. This project will benefit the road system by reducing the conflict point at Kensington and CH42 and improving the turn lane geometrics of the full 2 access point being installed by the developer. The anticipated cost for the County’s share of the work is $35,000. As indicated in the approved Develop- ment Agreement, the City’s share of the work is $20,000 and will be funded by the trunk street oversize fund. FINANCIAL IMPACT: Approval of this item will allow the County to transfer $35,000 to the City which will then be paid to the developer as part of the oversizing terms under the Sum- mit Preserve Development Agreement. ALTERNATIVES: 1. Motion and a second, as part of the Consent Agenda, to approve a resolution to authorize the City to enter into a cooperative agreement with Scott County for the closure of Kensington Avenue at County Highway 42. 2. Motion and a second to remove this item from the consent agenda for addi- tional discussion. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS: 1. Location Map 2. Kensington Avenue Exhibit 3. Kensington Avenue Agreement 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXX A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE KENSINGTON AVENUE TURNAROUND Motion By: Second By: WHEREAS, The Summit Preserve development project includes the construction of a turnaround on Kensington Avenue at CH42 to be completed in coordination with the residential developement; and WHEREAS, The closure of Kensington Avenue is identified in the City’s Comprehensive Plan as part of the City’s future transportation system; and WHEREAS, The County will reimburse the City for the County’s share of the improvement; and NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The Mayor and City Manager are hereby authorized to execute a Cooperative Agreement on behalf of the City for improvements to County Highway 42 at Kensington Avenue. 3. The approval of this Agreement is subject to approval by the City Attorney as to the form. PASSED AND ADOPTED THIS 12TH DAY OF JUNE 2017 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 140TH ST NE K E N S I N G T O N A V N E ROYALTON RD NE 59105850 1403514044 14040 6121 14060 14052 5800 14012 14013 14072 13972 9215 9223 14044 9203 9226 13991 14041 9116 14034 14084 9220 920213953 9214 1392113918 9403 13967 9415 9317 9305 1406114060 13772 13896 13884 13862 13850 13826 13814 13788 13853 13899 13865 13887 13829 13817 13791 13775 14019 14026 14025 14031 14037 14043 14049 14055 5954 14042 14048 14030 14036 14054 14018 14057 14024 5890 5900 5914 5926 5936 9331 5850 9104 9435 9325942393379447 14073 5874 Scott County GIS Ü Kensington Avenue NE Location Map LOW ER PRIOR LAKEGD(904) PIKELAKENE(820.5) MYSTICLAKENE HAASLAKENE(907.3) ARTICLAKENE(906.7) HOWARD LAKENE(957.3)Scott County GIS Kensington Avneue NE Kensington Avenue Tur n Ar ound KENSINGTON AVENUE TURNAROUND EXHIBIT CP 42-21 County of Scott City of Prior Lake CONSTRUCTION COOPERATIVE AGREEMENT KENSINGTON AVENUE CLOSURE THIS AGREEMENT, made and entered into this day of , 2017, by and between the City of Prior Lake, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City" and the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the " County ". RECITALS: A. The City has received a plat application for the Summit Preserve development at the northeast corner of County State Aid Highway (CSAH) 42 and CSAH 18. As part of the proposed project the developer will close the access from Kensington Avenue onto CSAH 42 and remove the related right turn lane. B. Kensington Avenue is an existing residential street with a right in – right out access onto CSAH 42. Kensington Avenue is located outside the limits of the development. C. The City has identified the closure of Kensington Avenue in its Land Use and Transportation section of its Comprehensive Plan. D. The County supports the closure of Kensington Avenue on CSAH 42 as a partnership opportunity and agrees to contribute $35,000 to the City for the closure. E. This agreement shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec. 162.17, subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: 1. Upo n the Developer’s substantial completion of the closure, the City shall invoice the County and the County shall reimburse the City in the amount of thirty-five thousand dollars and no cents ($35,000.00) for the road closure and right turn lane removal of the turn lane on CSAH 42 at Kensington Avenue . 2. In the event that a dispute arises, the County and the City agree that all disputes between them arising out of or relating to this Agreement shall be submitted, upon agreement of both parties, to mediation, with the cost being shared equally. 3. Since e ach party recognizes each other as a political subdivision of the State of Minnesota, each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and CP 42-21 County of Scott City of Prior Lake customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers’ Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this A greement. 4. All records kept by the City and the County with respect to this Agreement shall be subject to examination by the representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City or County pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 5. The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of the City Project. 6. The County has approved the closure through the County’s right of way permitting process. 7. Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees related to this Agreement. Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466, or a waiver of any available immunities or defenses. 8. It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees related to this Agreement. CP 42-21 County of Scott City of Prior Lake Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466, or a waiver of any available immunities or defenses. 9. It is further agreed that any and all employees of the City and all other persons engaged by the C ity 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 may or 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 shall be the sole responsibility of the City and shall not be the obligation or responsibility of the County. 10. 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 may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of 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 shall be the sole responsibility of the County and shall not be the obligation or responsibility of the City. 11. The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this Agreement as though fully set forth herein. See Exhibit “A”. 12. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5, the books, records, documents, and accounting procedures and practices of the County and City pursuant to this Agreement shall be subject to examination by the County, City and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by the County and City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County or the City regarding matters to which the records are relevant. The retention period shall be automatically CP 42-21 County of Scott City of Prior Lake extended until the administrative or judicial action is finally completed or until the authorized agent of the County or City notifies each party in writing that the records no longer need to be kept. 13. The laws of the State of Minnesota shall govern all questions and interpretations concerning the va lidity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties shall be in the appropriate federal court within the State of Minnesota. 14. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 15. The County’s Authorized Agent for the purpose of the administration of this Agreement is Anthony Winiecki , County Engineer or his successor. His current address and phone number are Scott County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8346. The City’s Authorized Agent for the purpose of the administration of this A greement is Larry Poppler, City Engineer, or his successor. His current address and phone number is 4646 Dakota St SE, Prior Lake, MN 55372, (952)447-9800. Any change in name, address, or telephone shall be noticed to the other party. CP 42-21 County of Scott City of Prior Lake IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF PRIOR LAKE (SEAL) By And Kirt Briggs, Mayor Frank Boyles, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Gary L. Shelton, County Administrator Michael L. Beard, Chair of Its County Board Date Date Upon proper execution, this Agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date APPROVED AS TO EXECUTION: By Jeanne Andersen, Assistant County Attorney Date EXHIBIT A