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HomeMy WebLinkAbout4.B.1. Appove an Agreement with Scott Cty and Rahr Malting Consent Business 4. B. 1. AssA SHAKOPLE TO: Mayor and City Council FROM: Bruce Loney, Public Works Director DATE: 07/21/2015 SUBJECT: Approve an Agreement with Scott County and Rahr Malting Corporation for Public Improvements to Support County Highway (CH) 69 West of Scott Street. (D,E) Action Sought Authorize the appropriate city officials to execute the attached agreement with Scott County and Rahr Malting Corporation. Background Scott County has proposed an agreement with Rahr Malting and the City of Shakopee for cost participation of a public alley north of CH 69 in support of Rahr removing accesses from CH 69. Scott County will provide the City of Shakopee the contribution to Rahr and then the City will give the contribution to Rahr. The Agreement stipulates the City will accept the improved public alley and retain it to serve private development. Recommendation Staff recommends the execution of the agreement to support the Rahr development north of 1st Avenue. Budget Impact None Relationship to Vision This supports Goals D & E: Maintain, improve and create strong partnerships with other public and private sector entities, and Deliver effective and efficient public services by a staff of well-trained, caring and professional employees. Requested Action Authorize the appropriate city officials to execute the attached agreement with Scott County and Rahr Malting Corporation. Attachments: County Information Cooperative Agreement AGENDA# SCOTT COUNTY, MINNESOTA REQUEST FOR BOARD ACTION MEETING DATE: JULY 7, 2015 ORIGINATING DIVISION: Community Services ORIGINATING DEPARTMENT: Physical Development CONSENT AGENDA: Yes I- No PRESENTER: Lisa Freese - 8363 ATTACHMENTS: r Yes r No PROJECT: Agreement for CH 69 TIME REQUESTED: N/A Public Improvements ACTION REQUESTED: Adopt Resolution No. 2015- ; Authorizing Entering Into an Agreement With the City of Shakopee and Rahr Corporation for Public Improvements to Support County Highway (CH) 69 West of Scott Street CONTRACT/POLICY/GRANT: P County Attorney Review FISCAL: r Finance Review ✓ Risk Management Review Budget Change ORGANIZATIONAL VALUES: r Provide a Supportive Organizational Culture F7 Develop Strong Public Partnerships I Manage Challenges and Create Opportunities ✓ Assure Long Term Fiscal Stability ✓ Emphasize Excellence in Customer Service DEPARTMENT/DIVISION HEAD SIGNATURE: COUNTY ADMINISTRATOR SIGNATURE: Approved: DISTRIBUTION/FILING INSTRUCTIONS: Denied: Tabled: Community Services, Anthony Winiecki Other: Community Services, Eunie Quade Deputy Clerk : Date: Background/Justification: The purpose of this agenda item is to adopt Resolution No. 2015- , authorizing entering into an Agreement with the City of Shakopee and Rahr Corporation for public improvements to support County Highway (CH) 69 west of Scott Street. Rahr Corporation is planning a $68 million expansion in Shakopee constructing four major buildings to increase supply, support and maintenance operations for the malt production and distribution company. When expansion of the four major buildings is completed in 2017, it will be the largest site malting facility in the world. The City and County support Rahr Corporation's expansion plans to grow their existing business and create new jobs in the County. Rahr Corporation acquired property on the north side of CH 69 (an A-Minor Arterial) across from its current location. The property on the north side of CH 69 had homes and a business with direct driveway access to CH 69. Rahr Corporation is planning to construct an 80,000 square foot warehouse and bagging facility on the north side of CH 69. Due to the topography limiting the ability to provide adequate truck turning movements, the warehouse/bagging facility must have two accesses to allow for truck traffic to enter and exit the site. The County's 2040 Traffic Model shows traffic levels increasing on the A-Minor Arterial roadways of CH 69/101 as development and utilization of the river crossing increase. As a result of the Rahr Corporation expansion, there is an opportunity to improve the non-conforming access spacing in the corridor. To facilitate this improvement, Rahr Corporation is planning to construct a public alleyway paralleling the north side of CH 69 to provide access from the warehouse site to Scott Street. As a public easement, this alley will provide access to all businesses abutting the alley. The alley eliminates a second direct access to CH 69 originally requested as a part of this redevelopment plan for the warehouse/bagging facility. The County supports a three way partnership effort to retrofit this area to be more conforming to the County access management guidelines. Staff recommends cost participation in the public alleyway and removal of direct to CH 69. The three party Cooperative Agreement is between Scott County, the City of Shakopee, and Rahr Corporation and will address responsibilities and cost sharing on the access relocation to a public street. County staff reviewed bids prices received by Rahr Corporation for the work and has agreed it is reasonable to contribute $179,625 for grading, . paving, retaining walls and storm sewer cost of the public alley. Additionally, Rahr Corporation will remove four accesses to CH 69, repair sidewalk and restore the boulevard along the CH 69. The County attorney's office has advised that a three party Agreement with the County, the City of Shakopee and Rahr Corporation is the appropriate approach to ensure objectives are met by all three parties. The agreement lays out the County's requirements to support its cost participation with Rahr Corporation for this project. It sets forth a lump sum contribution to Rahr Corporation not to exceed $179,625 for this work. This agreement also stipulates the City's agreement to accept the public alley and retain it to serve abutting private development. The City of Shakopee is expected to take action on this Agreement at a July 2015 Council meeting. Construction is expected to begin this summer and be completed in 2016. The County's funding contribution for the public alley project will come from the 2015 Spot Safety/Development Driven Project Needs set-aside in the adopted 2015-2014 Transportation Improvement Program. Fiscal Impact: None BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA Date: July 7, 2015 Resolution No.: 2015- Motion by Commissioner: Seconded by Commissioner: RESOLUTION NO. 2015- ; AUTHORIZING ENTERING INTO A COOPERATIVE AGREEMENT WITH THE CITY OF SHAKOPEE AND RAHR CORPORATION FOR PUBLIC IMPROVEMENTS TO SUPPORT COUNTY HIGHWAY (CH) 69 WEST OF SCOTT STREET WHEREAS, the City of Shakopee has a business (Rahr Corporation) planning expansion; and WHEREAS, the City and County supports Rahr Corporation's expansion plan to grow its existing business and create new jobs in the County; and WHEREAS, the management of private accesses is an important goal of the County on A-Minor arterial highways like CH 69 for safety and mobility purposes; and WHEREAS, Rahr Corporation is constructing an 80,000 square foot warehouse and bagging facility on the north side of CH 69; and WHEREAS, Rahr Corporation redevelopment provides an opportunity for the City of Shakopee and the County to work in partnership on this development project to eliminate 4 private driveway accesses to CH 69. WHEREAS, the County agrees to provide a financial contribution for the public alley construction of $179,625 to facilitate safety and operational improvements on CH 69; and WHEREAS, the Agreement identifies requirements for access removals and restoration work required for financial participation: and WHEREAS, Rahr Corporation has agreed to provide a public easement via recorded document for the entire length of the 32' wide alley to the City of Shakopee; and WHEREAS, Rahr Corporation will provide any needed cross access easements to the businesses along the alley to have access to the public alley; and WHEREAS, the City of Shakopee has agree to accept and retain this public alley easement in perpetuity to serve the Rahr Corporation warehouse site and other private properties abutting CH69 to Scott Street; BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA Date: July 7, 2015 Resolution No.: 2015- Motion by Commissioner: Seconded by Commissioner: NOW THEREFORE BE IT RESOLVED that the Board of Commissioners in and for the County of Scott, Minnesota, hereby authorizes the Chairperson of the Board to enter into a Cooperative Agreement with the City of Shakopee and Rahr Corporation for Improvements to support County Highway (CH) 69 West of Scott Street, subject to approval by the County Attorney's Office as to form. COMMISSIONERS VOTE Wagner r Yes r No E Absent r Abstain Wolf Yes r No r Absent r Abstain Beard 1 Yes r No r Absent r Abstain Marschall r Yes r No r Absent f Abstain Ulrich r Yes r No r Absent 1 Abstain State of Minnesota) County of Scott ) I, Gary L. Shelton, duly appointed qualified County Administrator for the County of Scott, State of Minnesota,do hereby certify that have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Scott County, Minnesota, at their session held on the day of , 2015 now on file in my office, and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Shakopee, Minnesota,this day of ,2015. County Administrator Administrator's Designee County of Scott City of Shakopee Rahr Corporation COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2015, by and between the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City" and the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and Rahr Corporation, a Minnesota business corporation, hereinafter referred to as "Rahr", collectively referred to as the "Parties." RECITALS: A. Rahr is constructing improvements adjacent to County Highway (CH) 69 in the City of Shakopee. This project will improve the operation and safety of corridor by constructing a public alley and removing access to CH 69, hereinafter referred to as the "Project". B. The above described Project lies within the corporate limits of the City of Shakopee. C. In order to assure the safety of the traveling public and in order to approve the Project, City required a public alley. D. Due to benefits for the safety and well-being of the general traveling public on the County Highway provided through the Project, County is willing to share in the construction costs for the Project. NOW, THEREFORE, IT IS HEREBY AGREED: 1. The purpose of this agreement is for the Parties to cooperatively undertake removal of access points to County Highway 69 within the City of Shakopee and to provide access for impacted properties via an alley in conjunction with an improvement project being completed by Rahr on its property to improve the operation and safety of the County Highway. 2. The parties specifically agree that: a. Rahr shall, as part of its improvement project, dedicated right of way to the City of Shakopee and construct proposed alley as shown on Exhibit A. b. Rahr shall provide an access easement for ingress and egress purposes to Total Rental, its employees, agents, customers, successors and assigns as shown on Exhibit A and described on Exhibit B. c. Rahr shall remove the existing driveway curb cuts from the CH 69 right-of-way per the approved plans. d. Rahr shall apply for a County permit for the work within the County right-of-way, and complete the work as provided on the plans and as directed by the County inspector. e. The City shall review and approve all the necessary plans and specifications for the alley work in a timely manner. County of Scott City of Shakopee Rahr Corporation f. The City shall have overall authority to inspect the construction of the public alley work for the Project. g. After completion of the Project, the City shall be responsible for the ongoing maintenance of the public alley. h. The County shall have the overall authority to inspect the sidewalk and access removal work along CH 69. i. The City shall not vacate the access easement unless agreed to by the County. j. The County shall reimburse Rahr a total of one hundred seventy-nine thousand six hundred twenty-five dollars ($179,625.00) in two equal payments. The first payment will be made after Rahr records the plat, access easement and obtains a permit from the County. The final payment upon will be made upon alley completion and acceptance of the Project by the City. 3. In the event that a dispute, the County, City, and Rahr agree that all disputes between them arising out of or relating to this Agreement may be submitted, upon agreement of all parties, to mediation, with the cost being shared equally. 4. Each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 at a minimum and shall also provide for Workers' Compensation in accordance with Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 5. All records maintained by the Parties with respect to the Project shall be subject to examination by the representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the activities pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 6. Neither the City, the County, their officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the other, Rahr, or any third party for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, improvement, restoration, repair or replacement work, or arising out of the negligence of any contractor under any contract let by Rahr for the performance of said work. Rahr agrees to defend, save and keep the City and County, their officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of performance by Rahr, its officers, agents or employees. 7. It is further agreed that no party to this Agreement shall be responsible or liable to the other or to any other person or entity for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further County of Scott City of Shakopee Rahr Corporation agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. 8. It is further agreed that any and all employees of the Parties and all other persons engaged by each party in the performance of any work or services required or provided herein to be performed by that party shall not be considered employees, agents or independent contractors of any other party, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged shall be the sole responsibility of the party engaging the employee and shall not be the obligation or responsibility of any other party. 9. The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this Agreement as though fully set forth herein. See Exhibit "A". 10. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5, the books, records, documents, and accounting procedures and practices of the Parties to this Agreement shall be subject to examination by the County, City 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 Parties 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 or City notifies each party in writing that the records no longer need to be kept. 11. 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 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 shall be in the appropriate federal court within the State of Minnesota. 12. 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 the other Parties as a waiver of a subsequent breach of the same. County of Scott City of Shakopee Rahr Corporation 13. The County's Authorized Agent for the purpose of the administration of this Agreement is Lisa Freese, Transportation Planning Director, or her successor. Her current address and phone number are Scott County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8363. 14. The City's Authorized Agent for the purpose of the administration of this Agreement is Bruce Loney, Public Works Director, or his successor. His current address and phone number is 129 South Holmes Street, Shakopee, MN 55379, (952) 233-9361. Any change in name, address, or telephone shall be noticed to the other party. 15. Rahr's Authorized Agent for the purpose of the administration of this Agreement is Jesse L. Theis, Chief Operating Officer, or his successor. His current address and phone number is Rahr Corporation, 800 West Avenue, Shakopee, MN 55379, (952) 496-7061. Any change in name, address, or telephone shall be noticed to the other party. County of Scott City'of Shakopee Rahr Corporation IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. RAHR CORPORATION By (Name) Its (title): Date CITY OF SHAKOPEE (SEAL) By And Brad Tabke, Mayor William Reynolds, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Gary L. Shelton, County Administrator Jon Ulrich, Chair of Its County Board Date Date Upon proper execution, this Agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Ronald Hocevar, County Attorney Anthony J. Winiecki, Interim County Engineer Date Date APPROVED AS TO EXECUTION: By Ronald Hocevar, County Attorney Date POLICY STATEMENT It is the policy of Scott County Government to provide Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363A. Scott County will not engage in any employment practices which discriminate against or harass any employee or applicant for employment because of race,color, creed, religion, national origin, sex, disability, age,martial status, sexual orientation,or status with regard to public assistance. Such employment practices include, but are not limited to, the following: hiring, upgrading,demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Further, Scott County fully supports incorporation of nondiscrimination rules and regulations into contracts and will commit the necessary time and resources to achieve the goals of Equal Employment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity Policies and Procedures set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal Employment Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363A, will be subject to appropriate contractual sanctions. Scott County has designated the Employee Relations Director as the manager of the Equal Opportunity Program. These responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program, as required by Federal, State, and local agencies. The Scott County Administrator will receive and review reports on the progress of the program. If any employee or applicant for employment believes he or she has been discriminated against, please contact the Scott County Employee Relations Director, Scott County Employee Relations,Government Center Room 201, 200 Fourth Avenue West, Shakopee, Minnesota 55379-1220, or call(952)496-8103. Gary L. Shelton Date Jonathan K. Ulrich Date Scott County Administrator Chair, Board of Commissioners '- ‘,.. ,"°°.'"' j' 1.- 1-- 1 TT .r , L '�/`� j 1 p. ir 1`1114 Sia 042.1 - — An T- Q. \ \ 'F 1 l 7 Y znO dam.. \�. d 4z to c z A A 1 A s w.al u•- 1,-1w 1 0 \4C. I.-1.-"I ‘ z �r t (1 'k--J Q.la- fi+ 3 l J. I t1 `..- CS - i a tiI Vt G i i\ (;) ,# 6.5 ...\., , � 0' 7. H � o 0fv ae ,, y I.±.1 , t \ (i) Se‘j CI° j� At ,er '' 1 • > u A yr: )\2r11 \ 7.7. u _toi. '�, , r ��lJ 1 ill oSl°. ° _ CV8 1 (ll0 tr § SIO .0 rST gs c 5 1 La :44k Z r 'I Z { t • ' t-- Z 4 i , icIleQ td..--4---...-'-'1 c ww C 4.Y i 4 7( CU 1 1 ; ..a x i o L i^�1 \ VA S t i EXHIBIT B Rahr First Addition Parcel No.XX PERMANENT ROADWAY EASEMENT All that part of Lot 1, Block 1, RAHR FIRST ADDITION, according to the record plat thereof, on file in the Office of the County Recorder, Scott County, Minnesota, lying southerly and easterly of the following described line: Commencing at the most southerly corner of the Alley as dedicated on the said RAHR FIRST ADDITION; thence North 10 degrees 15 minutes 36 seconds West, along the westerly line of said Alley, a distance of 31.78 feet to beginning of the line to be described; thence South 87 degrees 20 minutes 51 seconds West a distance of 141.25 feet to the northwesterly extension of an easterly line of said Lot 1; thence South 10 degrees 15 minutes 06 seconds East, along said northerly extension, a distance of 49.59 feet to a corner of said Lot 1, and said line there terminating. 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