HomeMy WebLinkAbout5G Commerce Avenue Extension MOU with Scott County ReportPhone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
PRESENTED BY:
AGENDA ITEM:
GOAL AREA AND
OBJECTIVE:
DISCUSSION:
ISSUES:
FEBRUARY 19, 2019
5G
JASON WEDEL PUBLIC WORKS DIRECTOR /CITY ENGINEER
JASON WEDEL
CONSIDER APPOVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING
WITH SCOTT COUNTY
Transportation and Mobility
5. Focus on Key Corridors that Take Advantage of Collaboration with State and
County Projects.
Introduction
The purpose of this agenda item is to request that the city council approve a
Resolution Authorizing Execution of a Memorandum of Understanding with Scott
County to complete potential development/redevelopment and attendant
infrastructure in the future.
History
Over the years the County purchased five single family residential properties along
County Road 42 between State Highway 42 and Rutgers Road for project right of
way. The purchase also eliminated driveway accesses to County Road 42 very
near to the intersection with State Highway 13. Finally, the purchases and
subsequent demolition of these homes provided buffering space between the
developed residential properties and the roadways.
Current Circumstances
The project has been concluded but the five properties continue to play an
important role. The land continues to be owned by the county. The city and county
are formalizing a landscape buffering plan which will be installed on the properties
next spring. At some point in the future, this land will play an important role in
allowing development/redevelopment with attendant infrastructure to be developed
on the site.
A simple Memorandum of understanding has been prepared which provides for
the following:
1.For the life of the MOU the land will be maintained by the city.
2.The short term use of the property will be as is mutually agreed to by both
parties. So, utilization as a buffer or other passive use would be possible.
3.The ultimate use of the property would be for development/redevelopment
with the attendant infrastructure without defining a specific configuration
since that is not known right now.
4.At such time as the land is developed by the city the county will provide the
land at no cost to the city.
5.The city will be responsible for all project costs associated with these
improvements as well as ongoing maintenance.
Both the city and county staff believe that it is most prudent for both parties to
enter a memorandum of understanding (attached), to memorialize the
understandings with respect to the short- and long-term use of the properties
together with the financial and maintenance responsibilities of each organization.
FINANCIAL
IMPACT:
The cost of the ultimate project is unknown currently. It will depend upon factors
such as the number of parcels included in the project, the type of project and the
timing thereof. Presumably these costs would one day be incorporated into the
Capital Improvement Program.
From a staff perspective this MOU is desirable because of the importance of the
area both to the residential and commercial properties in the area.
ALTERNATIVES: 1.Motion and second as part of the consent agenda to approve a resolution
approving the memorandum of understanding and authorizing the mayor and city
manager to execute an agreement with Scott County.
2. Motion and second to remove this item from the consent agenda for additional
discussion.
RECOMMENDED
MOTION:
Alternative #1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 19-___
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH SCOTT COUNTY
Motion By: Second By:
WHEREAS, Scott County purchased five residential parcels along County Road 42 for the
purpose of eliminating driveways on the County Road 42, providing right of way for
the County Road 42 Improvement, construction of a trail and buffering between
the road and developed properties in the area; and,
WHEREAS, The city and county recognize that this property may have short and long term uses
including, buffer or property for development and associated supporting
infrastructure; and,
WHEREAS, The county will retain ownership of the property during the life of the MOA, the city
will maintain the property and its use will be in accordance with mutual agreement
between the two parties; and,
WHEREAS, At such time as the city makes improvements to the property the county will
surrender the property at no charge to the city which will pay all costs associated
with the improvements to the property.
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 Commerce Avenue Memorandum of Understanding between the City of Prior Lake and
Scott County is hereby approved.
3. The mayor and city manager are hereby authorized to execute the agreement on behalf of
the city.
Passed and adopted by the Prior Lake City Council this 19th day of February 2019.
VOTE Briggs Thompson Burkart Braid Erickson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Michael Plante, City Manager
Memorandum of Understanding
City of Prior Lake and Scott County
Commerce Avenue
CP 42-17
1 | P a g e
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF PRIOR LAKE
AND SCOTT COUNTY
FOR
COMMERCE AVENUE EXTENSION
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 5TH day of February,
2019, by and between the County of Scott, a body politic and corporate under the laws of the State of
Minnesota, hereinafter referred to as the "County" and the City of Prior Lake, a body politic and corporate
under the laws of the State of Minnesota, hereinafter referred to as the "City".
RECITALS:
A. County Highway (CH) 42 is an important east west Principal Arterial Corridor regional in the south
metropolitan area from Trunk Highway 41/Trunk Highway 169 to Trunk Highway 55;
B. A Corridor Study was completed that included the cities of Shakopee, Prior Lake, Savage, Burnvsville ,
Apple Valley, Rosemount, Lakeville, Scott County, Dakota County, Met Council, MVTA, and Mn/DOT
that identified key supporting tactics for the CH 42 Corridor;
C. This corridor runs through Scott County providing mobility for its residents and others traveling on the
regional highway system;
D. A portion of this corridor runs through the corporate limits of the City;
E. The City has long supported the improvements of the CH 42 corridor as a Principal Arterial;
F. The City has a history of working collaboratively with the County to improve CH 42 and other county
highways consistent with adopted plans and guidelines through local land use planning, acquisition of
needed right of way, official controls and development review along county highways ensuring the
development of trails, turnlanes, local supporting collector roads and other infrastructure;
G. The County purchased the homes adjacent to CH 42 between 2002 and 2007 for the removal of access,
provide the needed right of way for CH 42 and for a local city street extension known as Commerce
Avenue;
Memorandum of Understanding
City of Prior Lake and Scott County
Commerce Avenue
CP 42-17
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G. The City desires to preserve the opportunity for future redevelopment of this area, hereinafter referred to
as the “project” and the County agrees to provide right of way easements to the city as described below
to facilitate infrastructure improvements that will be necessary for said redevelopment;
H. The County understands the City has not finalized the redevelopment project; however dashed lines are
representative of the project area.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE CITY AND COUNTY:
1. The County purchased right of way for CH 42 under its Project CP42-17, which included purchasing
certain properties, in fee, that the City eventually desires to use to facilitate the project.
2. These properties, as shown in Exhibit B, are legally described as Lots-9-13, Block 1 Boudin’s Manor
4th Addition, excepting the right of way as shown on Scott County Highway Right of Way Plat No.
97.
3. If the City develops plans for the project that utilizes the properties described above for a right of
way corridor per adopted city street standards, the County agrees to provide the right of way by
easement interests for such public purpose at no cost to the city subject to the County reserving any
future right of way needs for CH 42.
4. The City agrees that the County shall reserve all current and future rights of direct access to CH 42
from these properties. There will be no direct access to CH 42 from these properties.
5. Any interim use of these properties shall be agreed to mutually by both the City and the County.
6. The City agrees that it will be responsible for all costs associated with the design, construction and
maintenance of the project.
7. The City agrees to maintain the property during the life of this memorandum of understanding.
Memorandum of Understanding
City of Prior Lake and Scott County
Commerce Avenue
CP 42-17
3 | P a g e
CITY OF PRIOR LAKE
(SEAL)
By And
Kirt Briggs, Mayor Michael Plante, City Manager
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Lezlie Vermillion, County Administrator Barb Weckman Brekke
Chair of Its County Board
Date Date
Upon proper execution, this agreement RECOMMEND FOR APPROVAL:
will be legally valid.
By By
Jeanne Andersen, Assistant County Attorney Lisa Freese, Transportation Services Director
Date Date
Memorandum of Understanding
City of Prior Lake and Scott County
Commerce Avenue
CP 42-17
4 | P a g e
EXHIBIT A Schematic Map of Commerce Drive Extension
Memorandum of Understanding
City of Prior Lake and Scott County
Commerce Avenue
CP 42-17
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EXHIBIT B