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Home My WebLink About9A - Resolutions re: CR 12 & TH 13 Improvement Prj. MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: APRIL 16, 2007 9A STEVE ALBRECHT, DIRECTOR OF PUBLIC WORKS CONSIDER APPROVAL OF A RESOLUTION APPROVING: 1. THE PLANS AND SPECIFICATIONS AND COOPERATIVE AGREE- MENT WITH SCOTT COUNTY FOR CR 12 AND TH 13 IMPROVE- MENT PROJECT 2. RESTRICTING PARKING 3. LIMITED USE AGREEMENT WITH MNDOT Introduction The purpose of this agenda is to approve three resolutions related to the CR 12 and TH 13 Improvement Project. Historv On February 6, 2006, the City Council approved the design layout for CR 12 from TH 13 to CR 17. On March 19,2007, the City Council approved the feasibility study for the CR 12 TH 13 Improvement Project and author- ized preparation of final plans and specifications for the project. Construc- tion will be coordinated with the CR 82 project to minimize impacts to area residents. Current Circumstances The final design for CR 12 and TH 13 has been completed. Based on the final design a cost sharing agreement for the project has been developed. The Cooperative Agreement details the cost apportionment and responsi- bilities for all contributing entities. The County anticipates letting this project for bid in late Mayor early June of 2007 with construction commencing in late June or July. This project should be substantially complete by November of 2007. Prior to bidding the project the County requires that the City approve a Co- operative Agreement that details the estimated costs that the City will be responsible for. A separate maintenance agreement will be entered into in the future to determine responsibility for various items such as trails and stormwater ponds. The County also requires that the City Engineer sign the final plans and therefore final plan approval by the City Council is also required. The Cooperative Agreement is in a standardized form previously reviewed and approved by the City Attorney for previous County Road projects. In addition to the approval for the Cooperative Agreement and Final Plans a resolution restricting parking on CR 12 between Walnut Avenue and TH 13 is also required for County State Aid funding eligibility. The City has previously approved similar resolutions for CR 82 and the CR 12 Phase 1 projects. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 This project includes a trail connection from CR 12 along the west side of TH 13 to Panama Avenue. In order to complete the trail connection the City needs to enter into a limited use agreement with MNDOT for the por- tion of trail construction that will occur in MNDOT right-of-way. ISSUES: The proposed final design is consistent with the alignment and geometric approval granted in 2004, 2006 and 2007 by the City Council. The Coop- erative Agreement does involve four issues that are unique to this project and that should be considered by the City Council. 1) As part of the project the County acquired 3631 170th Street SW (CR 12) for the extension of Elm Avenue to the Stonebriar parcel. The City and County previously approved an access management plan with MNDOT that limits the access to the Stonebriar property. This agreement was required in order to receive the $850,000 from MNDOT for the project. The total cost of acquisition including con- sultant fees was $375,000. After splitting the parcel to create the needed right-of-way for Elm Avenue there is still a 0.98 acre lot remaining. This remnant area combined with potential outlot dedication to the City from the Stonebriar Development will result in 1 or 2 sellable lots. As part of the Agreement the County will convey the remnant to the City to be combined with the Stonebriar Outlot for resale. Upon resale the County will be reimbursed up to $100,000 from the proceeds as they have fronted the entire $375,000 for purchase of the property and are only being reimbursed $275,000 through the Cooperative Agreement. The City payment is only due once the lot or lots are sold. However the City must make a reasonable effort to sell the lots. Should the City fail to sell the lots the reimbursement due the County will be addressed with the Phase 3 of the project in 2010. The City is also working with the County to coordinate a controlled burn training exercise by the Prior Lake Fire Department on the ex- isting house located on the property. 2) The second issue relates to the entire CR 12 Project. The CR 12 project consists of four phases, two of which will be complete after this year. The future phases 3 and 4 are identified for completion by both the City and County in Capital Improvement Programs for 2010. The plans for these segments have already been completed in accordance with City approvals dating back to August 16, 2004. Because the County has already completed the design and in- curred design and right of way costs for a substantial part of these projects this Cooperative Agreement acknowledges those costs and also stipulates that the City will not pay its apportionment until 2010. Additionally because the estimates for the 2010 project will change due to construction factors over the next three years no cost estimate has been included in this agreement for City appor- tionment in 2010. For that reason the future Cooperative Agree- ment for Phase 3 and 4 will be handled as an amendment to this agreement. 3) The third issue is related to the east end of the Phase 1 CR 12 Re- alignment project which has been completed. The County was un- able to complete permanent construction of the roadway at the east end of this project because easements and right-of-way had not been secured. The County has obtained the needed easements and is going to complete the permanent connection as part of this project. This will involve improvements in front of 3-4 homes lo- cated at the east side of the park. Final construction in this area is not scheduled until 2010 in the City's CIP. For that reason the City will not be paying any roadway costs in this area until the Phase 3 project and the balance of the improvements are completed in 2010. No assessments will be made until final construction in 2010 for this area. FINANCIAL IMPACT: 4) The Stonebriar Development has requested that the County over- size the CR 12 pond at TH 13 for development. In addition to the ponding the developer has also requested the County complete the trail segment between the ponds and TH 13 as part of the project. The Developer will be reimbursing the County $51,250 for these improvements. The City will collect the funding from the Developer as part of the Development Contract and forward the payment to the County in accordance with the Development Contract. The total project cost is estimated to be $2.9 million. The City of Prior Lake's street and storm sewer cost share is allocated as follows: $540,000.00 $97,000.00 $38,000.00 $675,000.00 The sources for this ro'ect are as follows: $426,000.00 $60,000.00 $50,000.00 $139,000.00 cost share is allocated as follows: $185,000.00 $24,000.00 $13,000.00 $222 000.00 The proposed City funding sources for the utility portion of the project fol- low: City Funding Trunk Reserve (Sewer & Water) $122,000.00 Utility Fund $100,000.00 Total City Funding $222.000.00 Funding for this project has been identified in the CIP previously. The Fi- nance Director has reviewed the proposed amounts and verified that the funding sources are available. Because the amount being assessed is less than the required 20% minimum threshold for use of 429 Bonds the City is utilizing the Street Oversize Fund. The Street Oversize fund shall be reimbursed for the assessable portion of the project as the City col- lects assessments over the 10 year payback period. Scott County will be contributing $2.0 million to the project. The Council should be aware that the above numbers are only estimates and the final cost share will be determined by the bids and actual construc- tion costs. Prior to construction City Staff will bring the final costs as de- termined by the bids back to the Council for approval. RECOMMENDED MOTION: The Stonebriar Development will be funding the trail and pond oversizing benefiting their project in the amount of $51,250.00. Should Stonebriar not obtain final plat approval and make payment to the City for these improve- ments the County will delete them from the project. 1. Approve a Resolution Approving the Plans and authorize the Mayor and City Manager to enter into a Cooperative Agreement with Scott County for the CR 12 and TH 13 Improvement Project. 2. Approve a Resolution restricting parking on CR 12 between Walnut and TH 13. 3. Approve a Resolution Approving the Limited Use Agreement with MNDOT for the City Trail. 4. Deny this agenda item for a specific reason and provide staff with di- rection. 5. Table this item to a certain date in the future. Staff recommends alternatives number 1, 2 and 3. ALTERNATIVES: Reviewed by: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 07 -xx A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE CR 12 AND TH 13 IMPROVEMENT PROJECT SAP 70-612-10 Motion By: Second By: WHEREAS The reconstruction of CR 12 between Walnut Avenue and TH 13 is considered a priority by the City of Prior Lake; and WHEREAS, On February 20, 2007 the City Council approved the preliminary engineering report for the CR 12 and TH 13 Improvement Project; and WHEREAS, The plans and specifications are consistent with the City's Preliminary Engineering Report and previous City Council approvals; and WHEREAS, The Mayor and City Manager are authorized to execute a Cooperative Agreement with Scott County for the CR 12 and TH 13 Improvement Project; and WHEREAS, The final design for CR 12 and TH 13 has been completed; and WHEREAS, A Cooperative Agreement for the completion of the CR 12 and TH 13 Improvement project has been completed based on the final design; and WHEREAS, The City of Prior Lake's street and storm sewer cost share is allocated as follows: $540,000.00 $97,000.00 $38,000.00 $675,000.00 The proposed City funding sources for this project are identified below: $425,000.00 $61,000.00 $50,000.00 $139,000.00 R\CouncillAgenda Reports\2007\04 16 07\CR 12 Coop Agr Resolution.doc www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 The City of Prior Lake's utility cost share is allocated as follows: $185,000.00 $24,000.00 $13,000.00 $222,000.00 $122,000.00 $100,000.00 $222 000.00 ; and WHEREAS, Stonebriar Development has requested the CR 12 Stormwater pond be oversized and a segment of trail between the pond and TH 13 be constructed by the County. The costs for these improvements are $51,250.00 and shall be collected by the City as part of the Development Contract and forwarded to the County in accordance with the Cooperative Agreement; and WHEREAS, The City of Prior Lake shall reimburse Scott County approximately $846,000.00 for the CR 12 and TH 13 Improvement project as estimated above. This amount excludes the City's Administration and Engineering costs for Street and Utility Construction of $38,000 and $13,000.00 respectively. 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 authorized to execute a Cooperative Agreement on behalf of the City with Scott County for the CR 12 and TH 13 Improvement Project. 3. The City shall reimburse Scott County $846,000.00 for the CR 12 and TH 13 Improvement Project. The funding sources for this reimbursement shall be as follows: o Capital Park Fund Account # 225-45201-501 ($58,000) o Trunk Reserve Fund Account # 502-50083-517 ($131,000) o Trunk Reserve Fund Account # 502-50083-518 ($115,000) o Street Oversize Fund Account # 503-80102-501 ($401,000) o Utility Fund Account # 601-49400-530 ($94,000) o Water Quality Fund Account # 602-49420-530 ($47,000) 4. The City shall transfer $51,000 to the Construction Fund for reimbursement of City Engineering and Administration costs. The funding allocation shall be as follows: o Capital Park Fund Account # 225-45201-501 o Trunk Reserve Fund Account # 502-50083-517 o Trunk Reserve Fund Account # 502-50083-518 R:\Council\Agenda Reports\2007\04 16 07\CR 12 Coop Agr Resolution.doc ($3,000) ($8,000) ($7,000) o Street Oversize Fund Account # 503-80102-501 o Utility Fund Account # 601-49400-530 o Water Quality Fund Account # 602-49420-530 ($24,000) ($6,000) ($3,000) 5. The City Engineer is authorized to sign the CR 12 and TH 13 Improvement Project plans. 6. The City shall deposit all assessment proceeds in the Street Oversize Fund. 7. Upon the property sale by the City of 3631 170th Street SW, the City shall reimburse the County for its right-of-way acquisition cost up to a maximum of $100,000 from the proceeds of the sale. Any remaining sale proceeds above $100,000 shall be deposited into the Street Oversize Fund. 8. The City shall collect $51,250 from the Stonebriar Development for pond and trail construction as part of the Development Contract and forward the funds to Scott County for reimbursement in accordance with the Development Contract. PASSED AND ADOPTED THIS 16th DAY OF APRIL 2007. YES NO Haugen Haugen Erickson Erickson Hedberg Hedberg LeMair LeMair Millar Millar Frank Boyles, City Manager R:\Council\Agenda Reports\2007\04 16 07\CR 12 Coop Agr Resolution.doc A RESOLUTION APPROVING PARKING RESTRICTIONS ON COUNTY STATE AID HIGHWAY 12 BETWEEN TRUNK HIGHWAY 13 AND WALNUT AVENUE SAP 70-612-10 Motion By: Second By: WHEREAS The County of Scott has planned the improvement of County State Aid Highway (CSAH) 12 from Trunk Highway 13 to Walnut Avenue as part of the CR 12 and TH 13 Improvement project; and WHEREAS, The County of Scott will be expending County Sate Aid Funds on the improvement of this highway; and WHEREAS, Since this improvement lacks adequate width for parking on both sides of the road, approval of the proposed construction as a County State Aid Project must therefore include certain parking restrictions. 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 of Prior Lake prohibits the parking of motor vehicles on both sides of CSAH 12 between TH 13 and Walnut Avenue and authorizes the signage and enforcement as required. PASSED AND ADOPTED THIS 16th DAY OF APRIL 2007. YES NO Haugen Haugen Erickson Erickson Hedberg Hedbera LeMair LeMair Millar Millar Frank Boyles, City Manager R\CouncillAgenda Reports\2007\04 16 07\CR 12 Coop Agr Resolution B.doc www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 07 -xx A RESOLUTION AUTHORIZING EXECUTION OF A LIMITED USE PERMIT FOR TRAIL PURPOSES ALONG MNDOT TH 13 BETWEEN FIVE HAWKS AVENUE SE AND 450 FEET SOUTH OF THE PROPOSED CR 12 INTERSECTION Motion By: Second By: WHEREAS The City of Prior Lake has approved a plan to construct a pedestrian trail in the right-of- way of Trunk Highway 13 to promote safe passage of pedestrians; and WHEREAS, The State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction, maintenance and operation of the trail. 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 of Prior Lake enter into a Limited Use Permit with the State of Minnesota, Department of Transportation to construct, maintain and operate a recreational trail within the right-of-way of Trunk Highway 13. 3. The Mayor and City Manager are hereby authorized to execute the Limited Use Permit and any subsequent amendments. PASSED AND ADOPTED THIS 16th DAY OF APRIL 2007. YES NO Haugen Haugen Erickson Erickson Hedberg Hedberg LeMair LeMair Millar Millar Frank Boyles, City Manager R\CouncillAgenda Reports\2007\04 16 07\CR 12 Coop Agr Resolution C.doc www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245