HomeMy WebLinkAbout5I CH 81 Turnback Agreement Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 8, 2018
AGENDA #: 5I
PREPARED BY: JASON WEDEL, PUBLIC WORKS DIRECTOR/CITY ENGINEER
PRESENTED BY: JASON WEDEL
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A
TURNBACK AGREEMENT WITH SCOTT COUNTY FOR COUNTY
HIGHWAY NO. 81
DISCUSSION: Introduction
Scott County entered into an agreement with the SMSC in 2015 to facilitate
the construction of CH 81 from Stemmer Ridge Road north to CH 82. The
construction of the roadway is now complete and the County is requesting
that the roadway be turned back to the City.
History
On May 19, 2015, Scott County entered into a Memorandum of
Understanding with the SMSC regarding the construction of CH 81 from
Stemmer Ridge Road to CH 82. The County worked with the SMSC to
ensure connectivity between CH 12 and CH 82 as well as provide access to
Spring Lake Park. The project was then designed and construction began
in the fall of 2016. The City has a separate cost share agreement for funding
the construction of the roadway.
The project design and construction was led by the SMSC and was built to
current City standards.
Current Circumstances
The construction of the utilities and streets for this segment of Stemmer
Ridge Road began in the fall of 2016. The project was completed in
September of 2017 and was officially opened on October 3, 2017.
Scott County is now requesting that this roadway be turned back to the
City. On November 21, 2017 the Scott County Board adopted a resolution
authorizing the County to enter into a turnback agreement with the City of
Prior Lake and executing a quit claim deed to convey this segment of
Stemmer Ridge Road to the City.
This turnback agreement is unique in the fact that the County is not turning
back an existing road that has been in place for years. Typically an
agreement would require the County to make some level of improvements
prior to turning the road over to the City. In our current situation, the
County is turning over a brand new roadway, so there are no additional
improvements that are required as part of the turnback.
2
Conclusion
There is a significant benefit to the City to have jurisdiction over this portion
of Stemmer Ridge Road. This road is part of the City’s Municipal State Aid
System and therefore the City receives State Aid funding for this roadway.
In addition, the City is ensured that Stemmer Ridge Road will continue to
provide connectivity between CR 12 and CR 82 in perpetuity which is an
important transportation connection.
ISSUES: Citizens within the Spring Lake Estates neighborhood were disappointed
with the extension of Stemmer Ridge Road to CR 82. However, as part of
the project there were a number of traffic calming measures that were
implemented that included bump outs and driver feedback signs. The
roadway has been open for several months now and these extra measures
appear to be accomplishing the desired results.
FINANCIAL
IMPACT:
The financial impacts of this agreement are minimal. Per the agreement
with the SMSC being considered this evening, the majority of the
maintenance costs are the responsibility of the SMSC. The increased
costs for the City are primarily the additional street plowing that the City will
be completing.
ALTERNATIVES: 1. Motion and second as part of the consent agenda to approve a turnback
agreement with Scott County for County Highway 81/Stemmer Ridge
Road.
2. Motion and second to remove this item from the consent agenda for
additional discussion.
RECOMMENDED
MOTION:
Motion and second to approve alternative #1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
A RESOLUTION APPROVING A TURNBACK AGREEMENT WITH SCOTT COUNTY FOR
COUNTY ROAD 81 / STEMMER RIDGE ROAD
Motion By: Second By:
WHEREAS, Stemmer Ridge Road is shown in the City’s Comprehensive Plan for connection
between CSAH 82 and CSAH 12; and
WHEREAS, the County and SMSC previously entered into a Memorandum of Understanding
(MOU) to complete the construction of CH81/Stemmer Ridge Road; and
WHEREAS, the construction of CH81/Stemmer Ridge Road is complete; and
WHEREAS, it is important that this roadway remain in local government ownership to insure
that there is a collector roadway to serve the residents east of CH17; and
WHEREAS, the City and County will enter into a Turnback Agreement detailing that the City will
accept the roadway that was recently constructed; and
WHEREAS, The County has prepared a Highway Right-of-Way Plat documenting the right-of-way
for the turnback and the appropriate Quit Claim Deed to convey CH81/Stemmer
Ridge Road to the City of Prior Lake.
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.
2. The City Council hereby approves a Turnback Agreement with Scott County dated January
8, 2018 for the CH81/Stemmer Ridge Road Project and authorize the Mayor and City
Manager to execute the same.
PASSED AND ADOPTED THIS 8th DAY OF JANUARY 2018
VOTE Briggs McGuire Thompson Burkart Braid
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
DRAFT CITY OF PRIOR lAKE
SCOTT COUNTY
TURNBACK AGREEMENT
COUNTY HIGHWAY NO. 81
THIS AGREEMENT, made and entered into this ____ day of ____________, 2018, 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 existing under the laws of the State of Minnesota,
hereinafter referred to as the “County,” both hereinafter collectively referred to as the “Parties.”
WITNESSETH:
WHEREAS, the County seeks to reconvey to the City, County Highway (CH) 81, beginning at the
intersection of County State Aid Highway 82 and following the existing CH 81 alignment southerly to the
intersection with Stemmer Ridge Road in the City of Prior Lake, including all County owned right-of-way, as
described on the Scott County Right of Way Plat #104; and
WHEREAS, the County Board of Commissioners has the authority under Minnesota Statute 163.11 to
turnback County Highways to Cities; and
WHEREAS, CH 81 no longer serves a County Highway function; and
WHEREAS, CH 81 was identified for turnback as part of the development of Spring Lake Park, the CH 17
Corridor Study and in the 2009 County Comprehensive Plan; and
WHEREAS, CH 81 was constructed to primarily provide local collector access within the City of Prior
Lake and is therefore better suited to be on the City roadway system; and
WHEREAS, the City, County and Shakopee Mdewakonton Sioux Community (SMSC) worked together to
design and build CH 81 north of Stemmer Ridge Road; and
WHEREAS, the realignment and construction of CH 81 was completed and opened the fall of 2017; and
WHEREAS, the City and County concur that is important for the overall transportation system that this
roadway remain in local government ownership; and
WHEREAS, the Parties desire to transfer jurisdiction of CH 81 in an orderly fashion and have completed
construction of the new highway; and
WHEREAS, the County and SMSC have executed a Memorandum of Agreement for right of way
dedication, construction and vacation; and
WHEREAS, the City and SMSC will execute a maintenance agreement for CH 81.
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of
each Party's promises and considerations herein set forth, as follows:
1. Transfer of jurisdiction of the portion of CH 81 located within the City as described in Scott
County Right of Way Plat #104 shall be in accordance with Minnesota Statute §163.11. Full
execution and approval of this Agreement by both parties shall be deemed to satisfy the requirements
of that statute. Transfer of jurisdiction is contingent upon full execution and approval of this
Agreement. The effective date of this transfer shall be January 8, 2018 upon action of the Prior Lake
City Council.
2. Scott County shall execute the quit claim deed necessary for conveying this segment to the
City of Prior Lake. The County shall provide documentary evidence of transfer of ownership
to the Scott County Recorder at its sole expense.
3. City shall assume all responsibility for the road upon the completion of the transfer.
4. The County shall indemnify the City against, and shall hold the City harmless from, any loss,
cost, expense or damage, including reasonable attorneys’ fees, directly arising out of or
resulting from the County’s breach of any of the representations and warranties herein
contained, whether such loss, cost, expense or damage arises prior to or after the date of this
Agreement, provided that the City did not have knowledge of said breach on or before the
date of this Agreement.
5. This Agreement is between the City and the County as the only parties and no provision of
this Agreement shall in any way inure to the benefit of any third person (including the public
at large) so as to constitute any such person as a third party beneficiary of the Agreement or
of any one or more of the terms hereof, or otherwise give rise to any cause of action in any
person not a party hereto.
6. This Agreement represents the full and complete understanding of the Parties and both Parties
represent that neither Party is relying on any prior agreements or understandings, whether
oral or written. This Agreement shall be modified, if at all, with the signed, written consent
of both Parties.
IN WITNESS WHEREOF, the City and the County have caused this Agreement to be duly executed on
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, Thomas J. Wolf,
County Administrator Chair of Its County Board
Date Date
RECOMMEND FOR APPROVAL:
By
Lezlie A. Vermillion
Deputy County Administrator
Date
APPROVED AS TO FORM:
By
Jeanne Andersen,
Assistant County Attorney
Date
Attachments:
Scott County Right of Way Plat #104
Scott County Board Resolution #2017-164
Quit Claim Deed