1k Jt Powers Agree/City/Henn Co
CITY OF
CHANHASSEN
90 wI] Centrr Drive, PO Box 147
ChanhÆstn, Mjnnnota55317
Phone 612.937.1900
Gtnrral Fox 612937.5739
Enginerring Fox 612.937.9152
Public Safety Fox 612.934.2524
\l}b www.ci.chanhasstn.mn.us
.1k.
MEMORANDUM
TO:
Scott Botcher, City Manager ~
Todd Gerhardt, Assistant City Manager '\ .
FROM:
DATE:
March 9, 2000
SUBJ:
Approval of Joint Powers Agreement Between the City of
Chanhassen and Hennepin County for the Design and Construction
ofTH 101 North ofHwy. 5
Attached is a memo from Ron Batty explaining why we need to enter into a Joint
Powers Agreement with Hennepin County. The Hennepin County TIF District
was created 5 years ago to assist v.ith the economic development of the
"DataServ" property and to use the excess tax increment to pay for the city's
portion of the improvements for TH 101 construction north ofHwy. 5. I do not
believe anyone would have thought that the proposed construction ofHwy. 101
would take this long but, "it has." To ensure that we can continue to use the tax
increment as we had originally intended, we must enter into a contract with a third
party within 5 years of when the district was certified (April 4, 1995). The
attached Joint Powers Agreement accomplishes this statutory requirement and
stilI gives the city complete control over the final design of the roadway (see 2d.
on page 2 of the Joint Powers Agreement).
I have invited Ron Batty to Monday night's meeting to answer any questions you
may have in regards to this agreement. We are under a short time schedule for
this item because we need Hennepin County's approval of this agreement before
April 4, 2000. Staff has talked with Jim Grube, Hennepin County Engineer, and
is aware of the time schedule and is preparing to present the item to the Hennepin
County Board on March 21, 2000.
RECOMMENDATION
Staff recommends approval of the Joint Powers Agreement with Hennepin
County regarding the reconstruction ofTH 101 north ofHwy. 5.
ATTACHMENTS
1. Memo from Ron Batty dated March 8, 2000.
2. Joint Powers Agreement.
g:\admin\tg\henn co joint agreemcnt.doc
he City of Challhasst1l. A f!!Owjn~ community with c/ean lakes, quality schooh, a charmin~ downtown, thrivjn! busjnesltl, and beautiful parks. A ({reat place to live, work, and p/ay,
03-09-00 11:03
From-KENNEDY & GRAVEN
+6123379310
T-403 P.02/02 F-6~6
MEMORANDUM
TO:
~yo( and MemÞei's of the City Council
Ron Bany, TJF Anomey
MiU'ch 9, 2000
FROM:
DATE;
RE:
Agreement wim Henru:pin County reg¡ut!:ing CSAH 101
In 1!194, the city established TlF DisuiCl No.3-I in lID induslfial pm within the Hennepm
County ponion of the CIty. The TJF Disuict <I1so included the easJem half of CSAH 101 northward
from T.H. 5. The TJF pJan budget included aumorization 10 spend of up [0 $2,660,000 on roadway
and reJarell lInprovemenTS within the dislficL For a variety of reasons, work on these ilnprovemems
has not proceeded as rapillly as origin¡¡J y anticipared and II IIUtjority of me public improvements
authorized in the pJan have yeT to be funlled.
Minnesota Statures, section 469.173, suM. 3 reqUU'cs mlU tax increment be spem wiùtin five
yean; of me <lare ot' certitic/ttion of \he TJF dislIkt. Increment may be spent under me Statute by (i)
òlCTu¡¡J y being paid OUt, (ü) SC:lling bonds, Cui) entering JUto an agreement With a third pany, or (iv)
enrering into II pay-as-you-go-ammgemem wim.. developer. A thirØ parry is detïned as a Pili'!)'
omer man the TJF /tUthority Or the Þeneficiury of me assistance.
TJF DIStrict No. 3-1 WIL~ certitied by Hennepin Coun~ on April 4, 1995. Therefore, it is
essential mat the LilY spend the money within the meaning of me st,"ure by April 4. 200U. Allhough·
there are tour ways 10 spenà mODey to meet me Statutory requirement, \he only practical altemative
ilt this time is tor the city to enter intO an agreement with a third party and pay OUt increment
pursuanlto Ù1at agreemenL
Anached for con!>ideration by the city council is an agreement wim Hennepin Coumy
whereby the city wiD reimburse Hennepin Coumy for certain add-on public improvements the L1TY
wishes to include within me larger upgrade of CSAH 101. The city is mterestell in cel"lAin lOt:al
improvements, including iI ¡núl on tlæ e~1 side of the roadway, which will nOI be paià for by me
sæte or Hennepin County. The Lity will utilize Hennepin County's services in preparing plans and
SpeCÏtic-dUODS. going out for bids, awarding a contraCt and SUpervising COßStnlCuon of all me
improvements but me city will pay for the items it has added 10 the project By entering into this
agreement by April 4. 21XIO, the city will be able 10 expend increment from the distriCl afler mat date
iU1d comply with suuulOry requirements.
I wiD be present at the March 13, 2UUO city council meeting to answer any questions about
this mauer..
RHB·J773011v'
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03-06-00 22:29
From-KENNEDY & GRAVEN
+6123379310
JOINT POWERS AGREEMENT
BY AND BETWEEN
mE CITY OF CHANHASSEN
AND
THE COUNTY OF HENNEPIN
FOR
DESIGN ANP CONSTRUCTION
OF
IMPROVEMENTS TO T.H. 101 AND T.H. S
This documem was drwll by:
Kennedy & Graven. Chartered
470 Pillsbury CeDIer
Minnc~polis, MN 55402
(612) 337-9262
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1-394 P. 02/07 F-657
PRAFT
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THIS AGREEMRNT (me "Agreement"), is made iU d entered into by and belween me
City of Cbanhassen, a uuuucipa1 corporation undcr me laws of MinnesOta (the "City"), and the
CountY of Hennepin, a municipal cOfJIoraüon I.Inder the laws of Minnesota, (me ··County").
WITNESSETH:
WHEREAS. me CitY ani! me County (Ire working towards an agreement t'clating to the
deslgn, award, coostnlction 111111 management of certain roadway and related public infrastructure
improvements regarding the tumbac~ of CSAH 101 bctween CSAH 62 and T.H.5 (tbe
"ProjecL"); and
WHEREAS, me StaTe of Minnesota through its department of transportation r'MnDOT')
bas indicats:d iTS intent to transfcr CSAli IUI from CSAH 62 to SbakOpee to lac:aI jurisdiction;
anll
WHEREAS, me City and Carver County have entered into a Memorandum of
Uollerstanding regarding mc portion 01' T.lL 101 Within Chanllassen and Carver Coumy; and
WHEREAS, various Iac:al ilSpects of the ProjeCl will not be funded by MnDOT or the
CountY and will have to be funded by the City; and
WHEREAS, it will promote me efiïcis:nt execution of the Project if the County designs,
awards, construCts and miUlages all portions of the improvcmenTS, includìng those to be funded
by the City; and
WHEREAS, it is me desire of me Cily and the COUß1Y to enter into a written agreement
regarding me design, award, cunstnlction and funding of me local aspeCts of the Project,
NOW, THEREFORE. pursuant 10 Minnesot.. StatuteS 471.59 and in consideriltion of the
mutual covenants and promises Ilereinafter contatned. iI is agreed by and hetween the City and
the County as follows:
I. This Agreement shall applY only to the tumback of CSAH 101 between CSAH 62
and T.H. 5.
2. The CountY will perform the following functions wim regilrll to construction of
the Project:
iI) Use its engineering staff or hire an engineering consultant to prepare and
completc the construClÏon fe~ibility study; the soil investigations for bom the feilSibllity
study anll the design of me 'Project; the constntl.:tion plans, spedficauons, and speciIÙ
provisions; tile estimate of construction COSt; me permancDl anll temporary right-of-way.
drailUlge, and slope acquisition descriptions; and me other taSks requircd to complete me
design of me Project, acquire necessary permits and ilpprovals from reviewing agencies,
and omerwiss: provide for the consuuction of ¡be ProjeCl;
RHII-I77127.1
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+6123379310
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b) ACt as the conuacbng agency for the construction of me Project III
¡¡¡;cordancc With the competitive bldlling requirements of Minnesota law;
c) USe its engineering sUltf or hire an engineering consultant to provide me
necessary consU'llction supervision, surveying, inspeClion and reporting services required
for construction approval by the Counry and the City;
d) Obtain a resolution from me City appruving the final consU'uClion plans,
specifications anll special provisions prior to advertising the Project for bll¡~;
e) Obtain a resolution from lhe City appruving me aWiU'd of a construction
conU'act for the ProjeCl.
f) Maintain the Project open to inspection by the City;
g) Obtain the written approval of the City's public works director for any
change orllers or supplemental agreements to the conW4Ct involvìng work in which ~hc
City is COSt participating, prior to the performance of such work; and
h) Do ¡¡J other things necessary for me conslruction of the Proj.:ct except as
specitkally set tOM in thiS Agreement.
3. The City desires to add certain local improvements to Ù1e Project and recognizes
that the City wùl be responsible for the cost of such local improvements. The City agrees to
notify the County priur to preparing plans and specl1ications for the Project of its desire [Q add
the local improvements, which may include some or all of me following:
a) pedestnal trail or sidewalk, includmg lighting;
b) additional landscilpmg above and beyond City ordinance requirements;
C) relilining walls and/or fences in addition to those approve( for turnback
funding eligibility for consU'llL1ion of the roadway improvements;
d) local sanitary sewer and warermiÚn improvements which may need to be
ex tended or revised;
e) underground placement of private utilities, to the eJl.œnt the cost of same is
not paid by anuther pmy by other agreement;
f) StOlID sewer improvements to the extent such involves oven;iZing for
drainage in excess of that needed to accommodate rOadway and right-Of-way Qrainage;
and
g) contributing leg COSts of U'aftïc signals consistent with the existing policy
of MnDOT õ\lIlI the County.
B.HB-177IZ7,,¡
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From-KENNEDY & GRAVEN
+6123319310
T-394 P.05/07 F-657
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The City agrees to reimburse the County for the cost of all of !he above local improvements
which are incorporated intO !he Project at the City's request. The City inrends 10 use tax
increment generated by its TJF District No. 3-1 to reimburse me County. Pursuant to me plan for
TJF District No. 3-1, the City is iluthorized U) expend up to $2,660,000 for silÏd lociÙ
improvements. The City shiIU make a finiÙ selection of the elements of me local improvements it
intends to fund prior to me County's preparation of !he plans and specifications.
4. In applying its subdivision regulalions, to fume lIevelopmem proposals abuning
the portions of road included in this Agreement. me City a¡rees to require direct access to
CSAH 101 via pubhc Street interseClion unless OÙ1etwise approved by the County.
5. The City agrees that the County shall be the owner of all /lCcompanying
documents mcluding the oIi¡inal constrUction plans r'lIS-built"}, specifications, and survey nores
regarding the Project but will S!1ate with the City those documents relating tu the local
improvements requested and funded by the City.
6. During each month of me rertn of me constrUction of the Project, Lbe County
agrees to bùl me City for its share of the consuuClion costs associa1ed with th(! loc¡ )
improvements added lit me requeSt of me City. The CllY will reimburse the County within sixty
(60) days. Upon completion and final iIC¡:eptanCe of the Project liIla receipt of a e!etailed listing
of the final acruall."Onsuuction ana engineering coats, the City will reimburse the County within
~xty (60) days for any b¡¡Jance due. In me event the City deposit exceeds the lil.1ual final COSt of
the City share, the County will refund wiÙ1in sixty (60) days such overpayment.
Notwithstandin¡ anything herein to me contrary, the City sh¡ )1 not authonze the County to
proceed with local improvemenTS which exceed $2,660,000.
7. Each of the panies to Ù1is Agreemem shall be liable for its own acts to me extent
provilled for by law and hereby agree to indemnify, hold harmless and defend me other party to
this Agreement, its officers, agents and empluyees, agilÏnst any and iÙI liability, loss, COSts,
damilges, expenses, claims or actions, inclulling reasonable atlOmeys' fees which me other, its
officers, ilgents and employees may hereafter sustain, incur or be required to pay, arising from, or
related to the provisions of semces hereunder by reason of any act or omission of the party, its
officers, agents IIDd employees in the execution, pettOrtnance. or failure to adequarely perform ns
obligalions_
8. It is hereby understood ane! agreed mat any and iÙI employees of the City IiIld all
other persons employell by me City in the petformance of the provisions of services hereunder
shilll not be considered employees of me County and mat IlUY and all claims that mayor might
arise under Minnesota's Walker's CompeDSlttion Act on Þehalf at' saill employees while so
engaged IiIltl any and all claims milde þy any third parties as a consequence ot' any act or
omission on the piU't of said City employees while so engaged in the performance of any of the
provisions of services hereunder shall in no way be the obligation or responsibility ot'me County.
9. It is hereby understood and agreed matllllY IiIld all employees of the County and
all other persons employed by the County in the perfortnance of the provisions of services
hereunder shall not be considered emptoyees of the City and that any and all claims that mayor
might arise under Minnesota's Worker's CompenSiltion Act on behalf of Saill employees while so
B.UB·I77121,¡
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D3-08-0D 22:30
From-KENNEDY & GRAVEN
+6123379310
T-394 P.D6/D7 F-657
. .
engagell and any and aU claims made by any dlird parties as a consequence of my act Or omission
on the pan of said COunty employees while so engaged in the performance of any of the
provisions of services hereunder shall in no way be the obligation Or responsibility of tile City.
10. The City and the County agree mat no person shall, on the grounlls of race, color,
religion, age, sex, disability, marital status, public assistance Status, creed or national origm be
excluded from full employment right in, participation in. be deniell the benefits of or be
omerwise subje~1ed to dIscrimination under any and all applicable Federal and stare laws against
discrimination.
I I. The parties agree mat this Agreement is a binding agreement unùer Minnesota
Sta!UIeS, secuon 469.1763, subd. 3(a)(3).
12. Each party to this Agreement reserves the light !O withdraw from and cancel this
AgreemCJ1t wimÌll 30 days from the opening of bids for me Project in me event either or both
parties consider any Or all bids unsatisfactory. The withdrawal from or cancellation shil!l be
accomplished by either or bom panies within 3U days or opening at biås by serving a wri¡¡':11
notice Ihereof upon me other. For purposes of notice which must be given pursuant to this
Agreement, notice shall be sufficient if delivered personally or sent by United StaleS mail,
postage prepaid. reTllrn receipT requested to:
a)
as to the City:
City of Chanhassen
690 City Center Prive
Chanhassen, MN 55317-Ul47
Atm: City Manager
b)
as to the County:
Hennepin County DepiU'tment
ofPubhc Worlcs
Ann:
13. E¡u;h pany agrees Ù1¡¡t any modúication of this Agreement will be in writing and
will be sigoell by the parties hcrelO.
(HB-I71!27vl
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+6123379310
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IN TESTIMONY WHEREOF, the pitl\ÏeS hereto have caused these presents to be
executed on the day first written below.
CITY OF CHANHASSßN, MINNESOTA COUNTY OF HENNEPIN, MINNESOTA
Mayor Chair, Board of Commissioners
Date Date
Attest: Attest:
City Manager County Administrator
Dale Pate
¡¡'UB.I71 127.1
C1I131>-34 5