HomeMy WebLinkAbout12B - Regional Park & Ride Facility
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
June 5, 2006
12 B
Kelly Meyer, Asst. to the City Manager
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR
AND CITY MANAGER TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING FOR THE ACQUISITION AND CONSTRUCTION OF A
REGIONAL PARK & RIDE FACILITY.
Introduction
In January 2001, the City Council chose to opt-out of the Minnesota Valley
Transit Authority (MVT A) in order to provide improved local transit services to
Prior Lake residents. Since that time, the City has developed and operated the
Laker Lines express commuter, and the Local Laker Link summer circulator.
In 2003, Scott County and the cities of Prior Lake, Shakopee, Savage, Belle
Plaine, Elko, Jordan, New Market, New Prague and the Scott County HRA,
created a Transit Review Board and Transit Planning Team to cooperatively
explore options for enhancing transit options of all Scott County residents
through an intergovernmental best management process.
In 2004, the Transit Review Board hired a consultant to study existing services,
identify existing and future needs, and recommend an action plan that
identifies how Scott County entities could partner to improve the delivery of
transit services and infrastructure of the next 15 years. The plan is known as
the Unified Transit Management Plan (UTMP), and was adopted by the Prior
Lake City Council with several conditions in August 2005.
Current Circumstances
Among other things, the UTMP identified an immediate need for a 500 stall
regional park & ride facility. The Transit Review Board and Transit Planning
Team have been working since that time to educate themselves on
constructing this type of project, evaluate potential sites, and identify funding
sources. The focus is currently on two sites - one at the southwest quadrant of
the intersection of 169 and County Road 18, and the other at the southwest
corner of where County Road 16 will intersect the future extension of County
Road 21.
In April of this year, the City Council met in a work session to discuss the role
the City should playas the project proceeded. The Council determined that the
City's participation in this regional effort was appropriate, and directed staff to
continue to work with the Transit Review Board membership to acquire the
properties necessary to address park & ride needs long-term.
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Conclusion
In order to identify the roles and responsibilities of each of the parties in the
funding, process and construction of the park & ride facilities, the Transit
Planning Team believed it appropriate that their respective councils/boards
formally enter into a Memorandum of Understanding identifying each of the
parties respective roles and commitment to the project.
ISSUES:
The Memorandum of Understanding sets out the process, procedures and
general funding scenario for acquisition of both park & ride sites, and for the
design and construction of the 18/169 park & ride. For Prior Lake, the
memorandum basically formalizes the direction staff received from the
Council's April 2006 work session, including:
1. proceeding to work with the County and Shakopee to acquire both the
18/169 site, and the County Road 16 site;
2. authorization to contribute $15,000 toward the engineering design
services for the design of the 18/169 park & ride; and
3. agreement that the City will participate in funding the local construction
match required as part of a CMAQ grant the project received as part of
the County Road 21 extension project and the funding of the County
Road 16 site acquisition.
Agreement to participate in funding the local construction match, and
the County Road 16 site acquisition are the most significant
commitments. What those final costs might be are still somewhat
ambiguous (i.e. driven either by (1) the construction contract for the
18/169 project which has not yet been bid, and (2) negotiations for the
purchase of the County Road 16 site). The memorandum of
understanding outlines a 60/40 split of the final costs between
Shakopee and Prior Lake, with Shakopee bearing the higher burden.
Preliminary estimates suggest that Prior Lake's contribution in the case
of the construction of the 18/169 Site to be in the $400,000 range. For
the acquisition of the County Road 16 site, estimating that the purchase
price for the land will be between $1-1.2 million, Prior Lake's share
would be $400,000-$480,000. The memorandum of understanding
states that Shakopee and Prior Lake will try to negotiate a purchase of
this property over time in order to alleviate the burden of a second lump
sum payment.
In both of these cases, funding authorization under both of these
scenarios would come back to the Council for consideration.
FINANCIAL
IMPACT:
Funds for these projects do not have an impact on the City's General Fund
Budget. To date, the City has provided all of its transit service utilizing the
funding it receives from the Metropolitan Council as an opt-out transit provider.
It is staff's desire that this continue to be the only transit funding source in the
future. The current Transit fund balance has sufficient funding to maintain a
contingency amount and fund the commitments under the Memorandum of
Understanding.
ALTERNATIVES:
1. Adopt Resolution 06-XXX as part of the Consent Agenda authorizing the
Mayor and City Manager to enter into the Memorandum of Understanding,
and directing staff to proceed under its guidelines.
2. Remove this item from the Consent Agenda for additional discussion.
RECOMMENDED
MOTION:
Alternative 1.
ReVilJ
Frank Boyles, Ci Ma ag
1
~
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-xx
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO ENTER INTO A MEMORANDUM OF UNDERSTANDING
FOR THE ACQUISITION AND CONSTRUCTION OF A
REGIONAL PARK AND RIDE.
Motion By:
Second By:
WHEREAS, the City Council recognizes the value of providing quality, cost-effective transit services
in the Prior Lake community; and
WHEREAS, the City's 2030 Vision and Strategic Plan identifies addressing transit needs as a goal
in providing a better quality community; and
WHEREAS, the City values its partnerships with Scott County and other Scott County communities;
and
WHEREAS, in August 2005, the Prior Lake City Council and the other Scott County communities
adopted a Unified Transit Management Plan which identified an immediate need for a
500-stall park & ride facility in Scott County; and
WHEREAS, Scott County, the Metropolitan Council, the City of Shakopee and the City of Prior Lake
have been working cooperatively to identify a project that would address this need;
and
WHEREAS, the City Council believes that formally adopting a memorandum of understanding
outlining the project and the roles of the parties is appropriate.
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 Mayor and City Manager are hereby authorized on behalf of the City to execute the attached
Memorandum of Understanding outlining the 18/169 regional park & ride project, and acquisition of
land for the County Road 16 site.
3. Staff is authorized to proceed under the guidelines of the Memorandum of Understanding.
4. Funding in the amount of $15,000 shall be drawn from the Transit Fund balance as the City's
contribution for engineering design services for the 18/169 park & ride site.
PASSED AND ADOPTED THIS 5TH DAY OF JUNE, 2006.
YES
NO
I Haugen
I Dornbush
I Erickson
I LeMair
I Millar
Haugen
Dornbush
Erickson
LeMair
Millar
Frank Boyles, City Manager
,.j j ~ . cityofpriorlake. com
Phone 952.447.4230 / Fax 952.447.4245
MEMORANDUM OF UNDERSTANDING
FOR THE ACQUISITION OF LAND FOR A
TRANSIT PARK AND RIDE FACILITY
THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and between Scott
County, a Minnesota governmental entity located at 200 Fourth Avenue West, Shakopee, Minnesota
55379-1220 (hereinafter referred to as the "County"), the City of Shakopee, a Minnesota municipal
corporation, 129 Holmes Street Shakopee, MN 55379 (hereinafter referred to as "Shakopee"), and the City of
Prior Lake, a Minnesota municipal corporation, 16776 Fish Point Road SE, Prior Lake, MN 55372
(hereinafter referred to as "Prior Lake") (hereinafter collectively referred to as the "Parties").
RECITALS
WHEREAS, the Parties have a shared interest in planning and providing efficient transit services
to the residents of Scott County, and
,WHEREAS, the Parties have, through prior undertakings, jointly participated in completing a
Unified Transit Management Plan ("UTMP") that recommends various transit capital and service
improvements for County-wide; and
WHEREAS, each of the Parties has adopted the recommendations of the UTMP in part, in whole,
or with conditions; and
WHEREAS, the Parties, through their participation in the Scott County Transit Review Board and
Transit Planning Team, have begun to plan for the development of a regional park-and-ride facility that
would accommodate 500 parking spaces with the potential to be expanded or decked, and to plan for
acquisition of a second park-and-ride site; and
WHEREAS, two sites have been identified as locations that will meet the needs for regional park-
and-ride facilities; and
WHEREAS, the sites are generally located (1) east of Crossings Boulevard and east of County
Road 18, as more specifically identified and described in the attached Exhibit A (hereinafter referred to as
"18/169 Site"), and (2) south of County Road 16 along the future alignment of County Road 21 as more
specifically identified and described in the attached Exhibit B (hereinafter referred to as the "CR 16 Site");
and
WHEREAS, the Parties desire to participate in and share the cost of retaining an engineering firm
to design and prepare the construction specifications for the regional park-and-ride facility at the 18/169
Site ("Project"); and
WHEREAS, the Parties desire to set out the terms, conditions and cost allocation for (1) the
acquisition of both the 18/169 Site and the CR 16 Site, and (2) the design and construction of the 18/169
Site; and
WHEREAS, the Parties hereto have concluded that the actions set forth above can best be
accomplished through a memorandum of understanding.
NOW THEREFORE, in consideration of the mutual undertakings and agreements contained
herein, the Parties hereby agree as follows:
MEMORANDUM OF UNDERSTANDING - TRANSIT REGIONAL PARK & RIDE FACILITY LAND ACQUISITION
1. RECITALS. The recitals contained herein and set forth above are incorporated by reference as if
fully written herein.
2. PURPOSE: The purpose of memorandum of understanding is to set out the obligations of each
of the Parties to this Agreement with respect to (1) the acquisition of land to be used for regional
park & ride facilities, and (2) to solicit proposals for (a) a consulting engineer to design and
prepare construction drawings and specifications for the facility at the 18/169 Site, and (b)
construction of the Project.
3. TERM OF AGREEMENT
This Agreement shall be effective from the date of final execution by all parties and shall remain
effect through the term of ownership of the 18/169 site and the CR 16 Site, and the development
of the 18/169 park & ride facility, unless terminated earlier by the Parties as provided herein. This
agreement shall be recorded against the property(ies) in the office of the Scott County Recorder.
4. ACQUISITION OF 18/169 AND CR 16 SITES
1. Negotiations for Land Acquisition. The Parties shall enter into negotiations for the
acquisition of the 18/169 Site and the CR 16 Site previously identified herein as Exhibits A
and B. Each of the Parties shall designate a staff member to act on its behalf to participate
in the negotiations. Parameters for the negotiations shall be set cooperatively through the
authority granted by the governing bodies of the Parties. Final authorization for any
purchase agreement for the acquisition is subject to approval by the governing bodies of
the Parties funding the land acquisition as identified in section 4.3 herein.
It is the intent of the Parties to acquire the 18/169 Site and CR 16 Site through negotiated
purchases. In the event the Parties have not entered into a purchase agreement for the
18/169 Site by July 5,2006, and closed on the land by August 1, 2006, Scott County may,
upon approval of its Board, acquire the land through its powers of eminent domain.
2. Title to Land and Closing Procedures.
1. 18/169 Site: Scott County and the Metropolitan Council shall hold fee title to the
property in perpetuity. Closing on the property shall be completed no later than
August 1, 2006, and closing costs typically attributed to Buyer shall be borne by
Scott County through cooperative funding agreements with the Met Council and
MnDOT.
In the event it is determined that the site is no longer suitable for transit purposes,
the property shall first be offered to the Metropolitan Council, provided that the
Metropolitan Council reimburses the County proportionate to its initial investment
based upon the market value of the property. If the Metropolitan Council does not
desire to use the property, it shall be sold and the proceeds of the sale divided
among Scott County and the Metropolitan Council proportionate to their respective
cash contributions to the land acquisition.
Page 2 of7
MEMORANDUM OF UNDERSTANDING - TRANSIT REGIONAL PARK & RIDE FACILITY LAND ACQUISITION
2. CR 16 Site: Prior to the execution by the Parties, or any subset of the Parties, of a
subsequent agreement that may designate long-term ownership, development,
operation and maintenance of the CR 16 Site, the cities of Prior Lake and Shakopee
shall hold the fee title to the land jointly. In the event it is determined that the
property is no longer suitable for transit purposes, the property shall first be offered
to the Metropolitan Council, provided that the Metropolitan Council reimburses the
cities proportionate to their initial cash investments based upon the market value of
the property. If the Metropolitan Council determines that it does not desire the
property, the land shall be sold and the proceeds of the sale divided between the
City of Prior Lake and the City of Shakopee proportionate to their respective cash
contributions to the land acquisition.
3. Financial Obligations of the Parties for Acquisition of 18/169 Site: The Parties shall
contribute the following amounts for the acquisition of the 18/169 Site:
Metropolitan Council $ 800,000
Scott County: $1,500,000
D. Financial Obligations of the Parties for Acquisition of CR 16 Site. Shakopee and Prior
Lake shall work cooperatively to acquire the CR 16 Site, with Shakopee's contribution
equal to 60% of the purchase costs, and Prior Lake's contribution equal to 40% of the
purchase costs. It is the intent of Shakopee and Prior Lake to structure a purchase that will
allow both cities to pay for the cost of the CR 16 Site over time. Final authorization for
acquisition of and allocation of funding for the CR 16 Site is subject to approval by the
respective city councils.
5. CON~TR~JCTION OF PARK & RIDE FACILITIES AT 18/169 SITE AND CR 16 SITE
1. Reauest for ProDosal for Enaineerina Desian Services. The Parties, through their
participation on the Transit Review Board and Transit Planning Team, have solicited
proposals for design and preparation of final plans and specifications for the construction of
the 18/169 Site. The Parties shall share in the costs of the contract as follows:
Metropolitan Council:
Shakopee:
Prior Lake:
$150,000
$ 15,000
$ 15,000
2. Duties of the Parties
(a) County. The County shall act as the administrative and fiscal agent during the Project.
Duties shall include but not be limited to providing an employee to act as the Project
Manager during the course of the Project, administer the Request for Bid process for
construction for the Project, receiving and maintaining funds, disbursement of funds at the
direction of the Parties, accounting for revenues and expenditures, producing financial
statements as necessary, and reporting as required by local governments and state and
federal agencies.
(b) Shakopee and Prior Lake. Shakopee and Prior Lake shall each seek appropriate
authorization from their respective governing bodies and authorize payment of all
amounts due, provide one employee to act as a representative in the contractor
Page 3 of7
MEMORANDUM OF UNDERSTANDING - TRANSIT REGIONAL PARK & RIDE FACILITY LAND ACQUISITION
selection; and pay the agreed upon contribution to the County within thirty (30) days of
notification by the County of the installment payment due.
(c) Metropolitan Council. The Metropolitan Council shall act as an advisory resource
during the Project.
3. Financial Obliaations of the Parties. At the initiative of the County, the Project received
federal CMAQ funding as part of the CSAH 21 extension project. The federal funding requires
a local construction match, and will not be available until 2009/2010. In order to advance
construct the 18/169 Site, the County would advance the funding that would be reimbursed in
2009/2010 by CMAQ funds in the amount of $1,204,800. Shakopee and Prior Lake would be
responsible for the required local construction match as follows:
Shakopee.........60% of required local construction match..AGt tg i~iid $722,000.
Prior Lake...... ...40% of required local construction match. ngt te exeeeel $482,006.
4. Future Construction of CR 16 Site. Future construction of park & ride facilities at this location
will be determined by demand and the completion of the CSAH 21 extension project. At such
time as it is determined by the Parties to move forward with the construction of the facility, the
Parties will work cooperatively to determine additional responsibilities and funding through
separate agreement.
5. Maintenance and Ooeration of 18/169 Site. Maintenance and operation responsibilities of the
Parties with respect to the 18/169 Site, together with associated costs, shall be memorialized
by the Parties under separate agreement.
6. COUNTY AND STATE AUDIT
Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (1998), the books, records, documents, and
accounting procedures and practices of the Parties relative to this Agreement shall be subject to
examination by the County and the State Auditor. Complete and accurate records of the work
performed pursuant to this agreement shall be kept by the Parties 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 of Scott regarding matters to which the records are relevant. The retention period shall be
automatically extended until the administrative or judicial action is finally completed or until the
authorized agent of the County notifies the Parties in writing that the records need no longer be
kept.
7. INDEMNITY
Each Party shall indemnify, defend, and save the other Parties harmless from any and all claims,
damages, lawsuits, losses, liabilities, costs, and expenses, arising out of any negligent act or
omission on the part of any Party or its contractors, agents, servants, or employees in the
performance of any of the work or services to be performed under the terms of this Agreement.
Each Party's obligation to indemnify the other under this clause shall be limited in accordance
with the statutory tort limitations provided in Minn. Stat. ~ 466.04 to limit each Party's total liability
for all claims arising from a single occurrence, including the other Party's claim for
indemnification, to the limits provided in section 466.04.
The County shall be responsible for the professional quality, technical accuracy, and the
coordination of all services furnished by the County under this Agreement. The County shall,
Page 4 of 7
MEMORANDUM OF UNDERSTANDING - TRANSIT REGIONAL PARK & RIDE FACILITY LAND ACQUISITION
without additional compensation, correct or revise any errors or deficiencies in the County's final
reports and services.
8. LIABILITY
The liability limits set out in Minnesota Statute Chapter 466 shall apply to this Agreement. This
Agreement shall not act to aggregate the liability limits of the individual parties.
9. SUBCONTRACTS
The Parties shall not subcontract any of their obligations to be performed under this Agreement
nor assign this Agreement.
10. FORCE MAJEURE
The Parties agree that the County shall not be liable for any delay or inability to perform this
Agreement, directly or indirectly caused by or resulting from strikes, labor troubles, accidents, fire,
flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of
God or other cause beyond reasonable control of the County and the rest of the Parties.
11. DATA PRACTICES
All Parties, their agents, employees and any of their subcontractors, in providing all services
hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13.
12. TERMINATION
This Agreement may not be terminated unless disposition of any property acquired has occurred
in connection with the terms of this agreement. In the event, the Parties fail to acquire the land
contemplated by this agreement, the agreement may be terminated upon completion or
termination of any contract for professional engineering services provided for herein.
Upon Termination of this Agreement, any unused funds shall be returned to the contributing
Parties in the same proportion that initial contributions were made. Disbursement of funds
resulting from the sale or disposition of the property contemplated herein shall comply with the
terms and conditions set forth in section 40 herein.
13. NOTICES
Any notices to be given under this Agreement shall be given by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service,
addressed to the each of the Parties at the following addresses:
Lezlie Vermillion Carol Becker
Scott County Public Works Metropolitan Council
St. Paul, MN 55101-1634
Michael Leek
CITY OF SHAKOPEE
129 Holmes Street
Shakopee, MN 55379
Kelly Meyer
CITY OF PRIOR LAKE
4646 Dakota Street
Prior Lake, MN 55372
Page 50f7
MEMORANDUM OF UNDERSTANDING - TRANSIT REGIONAL PARK & RIDE FACILITY LAND ACQUISITION
14. CONTROLLING LAW
The laws of the State of Minnesota shall govern all questions and interpretations concerning the
validity and construction of this Agreement and the legal relations between the parties herein 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 herein will be in the appropriate federal court within the State
of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the
remaining provisions will not be affected.
15. SUCCESSORS AND ASSIGNS
The Parties, respectively, bind themselves, their partners, successors, assigns, and legal
representatives to the other party to this Agreement and to the partners, successors, assigns, and
legal representatives of such other party with respect to all covenants of this Agreement. No
Party shall assign, sublet, or transfer any interest in this agreement.
16. EQUAL EMPLOYMENT AND AMERICANS WITH DISABILITIES
In connection with the work under this Agreement, the Parties agree to comply with the applicable
provisions of state and federal equal employment opportunity and nondiscrimination statutes and
regulations.
17. CHANGES
The Parties agree that no change or modification to this Agreement, or any attachments hereto,
shall have any force or effect unless the change is reduced to writing, dated, and made part of
this Agreement. The execution of the change shall be authorized and signed in the same manner
as this Agreement.
18. SEVERABILITY
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 any
Party of any provision, term, condition or covenant shall not be construed by any other Party as a
waiver of a subsequent breach of the same by the other Party.
18. ENTIRE AGREEMENT
It is understood and agreed that the entire agreement of the Parties is contained herein and that
this agreement supersedes all oral agreements and negotiations between the Parties relating to
the subject matter hereof as well as any previous agreements presently in effect between them
relating to the subject matter hereof.
19. EFFECTIVE DATE
This Agreement shall be in full force and effect when Parties sign this Agreement. This
Agreement may be signed in counterparts, each as effective as the original. The signed
Agreement, along with a certified copy of the resolution authorizing the Agreement, shall be filed
with the County, who shall notify the Parties in writing of the effective date.
Page 6 of 7
MEMORANDUM OF UNDERSTANDING - TRANSIT REGIONAL PARK & RIDE FACILITY LAND ACQUISITION
IN WITNESS WHEREOF, the Parties hereto have set their hands on the dates written below.
APPROVE AS TO FORM:
County Attorney/Date
COUNTY OF SCOTT
By:
Title: Jon Ulrich, Board Chair
Date:
Attest:
Title: Dave Unmacht, County Administrator
Date:
CITY OF SHAKOPEE
City Attorney/Date
By:
Title: John Schmitt, Mayor
Date:
Attest:
Title: Mark McNeill, City Administrator
Date:
CITY OF PRIOR LAKE
City Attorney/Date
By:
Title: Jack Haugen, Mayor
Date:
Attest:
Title: Frank Boyles, City Manager
Date:
Page 7 of 7
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I hereby certify that this plan, specification, or
report was prepared by me or under my direct
supervision. and that 1 om a duly Ucensed
Architect under the lows of the State of
~jnnesoto.
SITE PLAN-OPTION B
ARCHITECTURAL
CONSORTIUM L.L.C.
SOUTHBRIDGE
CROSSING
Printed Nome:
Signature:
Date: Ucense #:
SHAKOPEE, MN
SCALE: 1" = 200'-0"
1901 North Third Street. Suite 220 612-436-4030
Minneapolis. MN 55401 Fax 612-692-9960
IPROJECT NUMBER:
hSSUED DATE:
10RAWN BY:
ICHECKEo BY:
Al.De
04-1016-01
06/11/2005
55
KA
xx
Architectural Consortium, L.L.C. 200L-