HomeMy WebLinkAbout9G - Windsong on the Lake CR 21 Fence Construction
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JULY 16,2007
9G
STEVE ALBRECHT, DIRECTOR OF PUBLIC WORKS
CONSIDER APPROVAL OF A RESOLUTION APPROVING AN AGREEMENT
WITH WINDSONG ON THE LAKE FOR THE CR 21 FENCE CONSTRUCTION
Introduction
The purpose of this agenda item is for the City Council to approve an agreement
with Windsong on the Lake for construction of the CR 21 fence.
Historv
On March 19, 2007 the City Council considered a proposal from the Windsong on
the Lake Association for construction of a safety fence along the retaining wall
located on CR 21.
The Association wished to upgrade the fence from chain link to a decorative
black aluminum railing. The City Council considered and evaluated the request
considering a similar agreement with the Glynwater Association. Glynwater is
both a safety and buffering while Windsong serves a safety function.
The City Council determined the following:
1) The City would participate in a prorated share of the cost to upgrade the
fence from chain link to wood.
2) The City would participate based on the length of the fence on a per foot
basis.
As part of the CR 21/CR 82 project the County constructed a retaining wall along
CR 21 between the new roadway and the existing tennis court. The majority of
the wall is higher than 4 feet and requires a safety fence along the tennis court
access sidewalk on top of the wall. As is standard with all safety fences the
County would normally place a 4 or 6 foot black vinyl coated chain link fence.
It is important to recognize that this fence is required for safety purposes due to
the height of the CR 21 wall and slopes above the wall. Also this approval is
based on a cost contribution by the benefiting property owners.
In November 2006 County and City Staff met with residents to discuss the fence.
Originally the County had not planned to place a fence as the wall was not
intended to be higher than four feet. Due to design changes the fence was
added during the project for safety purposes because of a higher retaining wall
and to accommodate access to the tennis courts. The reaction of Windsong
representatives was one of concern regarding the aesthetics of the chain link
safety fence. They requested that the City consider upgrading the fence material.
R\CouncillAgenda Reports\2007\07 16 07\Windsong CR 21 Agenda.doc .t f . 1 k
WWW.Clyopnorae.com
Phone 952.447.9800 / Fax 952.447.4245
In the fall of 2005 the City Council authorized upgrade of the chain link safety
fence at Glynwater to a solid wood fence. The cost of the upgrade was $22,700.
The Glynwater Association donated 20 6-8 foot spruce trees to the City with an
estimated value of $6,000 as their contribution to the upgrade. This was
approximately 26% of the total upgrade cost. This change was incorporated into
the construction plans as part of the project.
In February of 2007 City Staff met with representatives of the Windsong
Association to discuss the proposed safety fence. At that meeting the
Association proposed that a wrought iron fence shown in the attached exhibit be
constructed. The total cost for the fence upgrade from chain link to this option is
$42,000. The County has verbally committed to contribute the $4,500 -$5,000
cost of the chain link fence.
Current Circumstances
Because the bids for the CR 82/21 did not include aluminum rail this fence could
not be completed as part of that project. For that reason staff recommends that
the fence be installed privately. Because the fence will be located in the CR 21
right-of-way a County permit will be required. As part of that permit the County
will review the fence design.
ISSUES:
The Association wishes to move forward with completion of this work at this time.
The City Attorney has prepared the attached agreement for the City's
participation.
The Association has asked for a clarification of the City Council's March 19th
directive. The amount of the City's cost share is being questioned. The City
Council added a stipulation stating that the City should reimburse at the amount
of $45.10/foot for the length of the fence. The resolution already contained
language that capped the City's participation at 74% of the upgrade cost which is
consistent with the agreement with Glynwater. Based on the question staff as
requesting a clarification as to the City Council's intent.
a) The City shall contribute $45.10/foot for 74% of the 290 foot fence for a
total City cost share of $9,678.00.
or
b) The City shall contribute $45.1 O/foot for the 290 foot fence for a total City
cost share of $13,079.
The Council should provide staff direction on the intent based on the above
options.
FINANCIAL
IMPACT:
The City and County's cost shares are based on an estimated 290 feet of fence.
The County will reimburse the City $15.90/ft or $4,611.00 for the equivalent cost
of a chain link fence. The City's cost share is $45.10/ft for 74% of the 290 foot
fence or $9,678.00 or $13,078 if the City pays for 100% of the upgrade cost..
The total reimbursement to the Association under this agreement is $14,289.00
under cost share option "a" and $17,689 under option "b". The balance of the
fence upgrade cost will be paid by the Association.
R:\CouncillAgenda Reports\2007\07 16 07\Windsong CR 21 Agenda.doc
The wall and fence is required by the roadway expansion due to increase traffic
volumes. The Street Oversize Fund is available for funding of this type of
improvement.
ALTERNATIVES: The alternatives are as follows:
1. Approve a Resolution approving the agreement with Windsong on the Lake
for construction of the CR 21 fence with cost share direction.
2. Deny this item for a specific reason and provide Staff with direction.
3. Table this item until some date in the future.
RECOMMENDED Alternative 1
MOTION:
R:\CouncillAgenda Reports\2007\07 16 07\Windsong CR 21 Agenda.doc
CONSIDER APPROVAL OF A RESOLUTION APPROVING AN AGREEMENT WITH WINDSONG
ON THE LAKE FOR CONSTRUCTION OF THE CR 21 FENCE
Motion By:
Second By:
WHEREAS, On March 19, 2007 the City Council approved participation with the Windsong on the
Lake Association for construction of the required safety fence for an amount not to
exceed $45.10 for a maximum of 74% of the fence length; and
WHEREAS, Scott County will contribute $15.90/foot for the length of the proposed fence; and
WHEREAS, Windsong on the Lake Association shall be responsible for all additional costs
associated with fence construction; and
WHEREAS, The City Attorney has prepared an agreement pertaining to the funds the City will
provide for a safety but not for a decorative fence: and
WHEREAS, The agreement limits the City and County's contributions to $9,678 and $4,611
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. Upon approval of the fence construction by the City and County Engineers the City shall
reimburse Windsong on the Lake $14,289.00.
3. The City shall receive a credit from the County in the amount of $4,611.00 as part of the CR 82
Cooperative Agreement.
4. Funding for the fence shall come from the Street Oversize Fund Account No. 503-80206-515.
PASSED AND ADOPTED THIS 16th DAY OF JULY 2007.
YES
NO
Hauaen Hauaen
Erickson Erickson
Hedberc:l Hedbera
LeMair LeMair
Millar Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
WINDSONG ON THE LAKE FENCE AGREEMENT
This Agreement is made the is day of June, 2007, by and between the City of Prior Lake,
Minnesota, a Minnesota municipal corporation ("City") and Windsong on the Lake Homeowners
Association, a Minnesota ("Windsong").
1. Recitals
Whereas, the City and Scott County, Minnesota are parties to a Cooperative Agreement relating
to improvements to County Road 21; and
Whereas, it is the County's policy when it designs and constructions roadway improvements to
install a chain link safety fencing where necessary; and
Whereas, Scott County is responsible agency for the design and construction of County roads,
such as County Road 21 and as such made a determination that a safety fence should be installed
along that portion of County Road 21 that runs along the perimeter of the Wind song on the Lake
development; and
Whereas, the members of the Windsong on the Lake Property Owners Association requested the
City to intervene on their behalf with the County to request the County install a decorative
aluminum fence in place of the standard chain link fence the County uses; and
Whereas, the County maintained it's position that it would not install anything but a chain link
fence, but that the County was willing to contribute $15.90 per linear foot for the towards the
installation of a 290 foot fence made out of some other material; and
Whereas, Windsong then asked the City to the decorative aluminum fence; and
Whereas, there have been limited unique special circumstances where the City has agreed to pay
the difference between a chain link fence and a wood fence; and
Whereas, the City Council found that the location of the fence, the potential safety risk posed by
the embankment and the concern expressed by the Association that children might be able to
climb a chain link fence more easily than a wooded fence were "limited unique special
circumstances" and agreed to contribute $45.10 per linear foot for a 290 foot fence, not to exceed
$9,800, the difference between the installation of a chain link fence and a wooden fence towards
the installation of a fence along that portion of County Road 21 identified by the County as
requiring a fence for safety reasons.
Now Therefore, in consideration of the mutual promises and covenants made herein, the
sufficiency of which is not disputed, the parties agree as follows:
1. The Recital set forth above are incorporated by reference and made part of the this Agreement
they were fully set forth herein.
2. Windsong on the Lake Property Owners Association will install on County property a fence
for the purpose of providing safety from people slipping down the terrain or embankment that
runs along that portion of County Road 21, determined by the County to require safety fencing.
3. Prior to the installation of the fence a County Permit obtained.
4. This agreement is with the City and does not alleviate the County of any claims made by
Windsong regarding the ongoing land transaction or safety of the County Road 21
improvements.
5. The City agrees to reimburse the Association an amount not to exceed $14,200. for the
design, materials and installation of the fence. This amount represents the total County and City
towards the construction of the safety fence.
6. Prior to the City reimbursing the Association, the fence must be inspected and approved by
the City Engineer.
7. The Association acknowledges that it is subject to the terms of the County Permit for
maintenance of the fence.
8. The Association acknowledges warrants and represents that it has the authority to enter into
this Agreement and that the individual executing this Agreement on behalf of the Association is
vested with the authority to bind the Association to the terms and conditions set forth herein.
ON BEHALF OF THE CITY
OF PRIOR LAKE
ON BEHALF OF WINDSONG ON THE
LAKE HOMEOWNERS ASSOCIATION
By:
By:
Jack G. Haugen, Mayor
Its:
By:
Frank Boyles, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of
20_, by Jack G. Haugen and Frank Boyles, respectively the Mayor and City Manager of the
City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant
to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this
20_, by , the
day of
,
of
, a
on behalf, Wind song on the Lake Homeowners Association
Notary Public