HomeMy WebLinkAboutX-A-01 and 01(a-c) County Road 46 Study Presentation City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director/City Engineer
Date: March 16, 2022
Item: Approve Resolution Adopting Study Recommendations, Letter of Support for Federal Funding, and JPA
Amendment with Dakota County – County Road 46 Corridor Study
Council Action Requested:
The City Council will receive a brief presentation from Dakota County on the CSAH 46 Study. Enclosed for Council
consideration is a (1) Resolution Adopting Study Recommendations, (2) Letter of Support for Dakota County to
apply for outside funding on the project, and (3) the First Amendment to Joint Powers Agreement (JPA) with
Dakota County.
Background Information:
On August 3, 2020, the City Council entered into a JPA with Dakota County to complete a study of the CSAH 46
corridor. The study was to develop a future vision for the segment of CSAH 46 between the Vermillion River
crossing west of General Sieben Drive to TH 61. Safety, mobility, and access issues were evaluated as part of
the study. Community input was solicited at various in-person and online events. Based on identification of
corridor issues and needs, an initial improvement project has been provided by the County. These study
recommendations were presented at a City Council Workshop on March 7, 2022. Key features include:
A two-lane divided roadway with right and left turn lanes at select intersections
Raised center median in conjunction with access management
Road width narrowed from Pine Street to TH 61 to minimize impacts to the Vermillion River and
adjacent private property
Single-lane roundabout is recommended at Pleasant Drive and at Pine Street to encourage speed
reduction, safe crossing of bikes and peds, efficient access, address left-turn crashes, and allow U-Turn
movements for vehicles that do not have left turn access onto CSAH 46
Limit access along the corridor to comply with Dakota County’s access spacing guidelines to provide a
transportation system that minimizes the potential for safety issues while maximizing system
efficiency
A trail(s) for bike and ped connectivity is recommended on one or both sides of the roadway based on
constraints
Replace and widen the bridge over the Vermillion River (between 31st Street and Pine Street)
Financial Impact:
The recommended total estimated costs are $15,335,000 with Dakota County’s portion $13,039,850 and the
City of Hastings at $2,295,150. The goal is to move forward with the project as early as 2024 construction only
if outside funding can be secured from Met Council’s Regional Solicitation. If the maximum amount of
Regional Solicitation dollars is secured in the amount of $7 million, the costs would be lowered to $6,949,850
for the County and $1,385,150 for the City. A Letter of Support would be required by the City for Dakota
County submit for funding opportunities.
Regarding the cost split for the CSAH 46 Study, the original Joint Powers Agreement with Dakota County had
the split at 82% County and 18% City, obligating the City to an estimated $115,000. The new cost split policy
for the project is 85% County and 15% City. Additionally, with the study extending beyond city limits, the City’s
X-A-01 and 01(a-c)
portion is further reduced to 11%. The updated cost share from the City is therefore estimated to be $80,000.
The First Amendment to JPA (with redlines to identify the draft changes) now reflects these revisions.
Staff Recommendation:
Staff recommends the Council approve the Resolution Adopting Study Recommendations, Letter of Support for
Dakota County to apply for outside funding on the project, and the first amendment to the JPA with Dakota
County, thereby lowering City cost participation from originally planned.
Attachments:
Resolution Adopting CSAH 46 Study Recommendations
Letter of Support for Dakota County to apply for funding opportunities
First Amendment to JPA
X-A-01 and 01(a-c)
CP 46-50
Council Adopt Study Recommendations Resolution
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. ______
RESOLUTION ADOPTING COUNTY PROJECT 46-50 – CSAH 46 STUDY RECOMMENDATIONS
WHEREAS, the City of Hastings entered into an agreement with Dakota County to study future
transportation improvements along County State Aid Highway (CSAH 46) from 1,300 feet west of
General Sieben Drive to Trunk Highway 61 in Hastings and Nininger and Marshan Townships; and
WHEREAS, these entities subsequently selected Alliant Engineering, Inc. (Alliant) to conduct the study;
and
WHEREAS, the intent of the study is to investigate potential future transportation system needs to
develop a vision for the CSAH 46 corridor that will result in safe and efficient travel in the area; and
WHEREAS, Alliant conducted a technical analysis of existing and future corridor needs and developed
options for the short-, mid-, and long-term; and
WHEREAS, considerable public input was obtained through two open houses, online engagement, and a
neighborhood meeting; and
WHEREAS, Alliant has concluded by preparing the study recommendations; and
WHEREAS, the study recommends improvements to support future growth in the area in a way that will
result in a safe and efficient system of City, County, and State roadways in the future; and
WHEREAS, these recommendations are found to be consistent with the Hastings Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF HASTINGS hereby adopts
the CSAH 46 Study Recommendations.
Passed by the City Council of the City of Hastings on the 21st day of March 2022.
AYES:
NAYS:
____________________________________
Mary D. Fasbender, City of Hastings Mayor
ATTEST: _________________________________
Kelly Murtaugh, City Clerk
X-A-01 and 01(a-c)
City of Hastings 101 Fourth Street East Hastings, MN 55033-1955 Phone: 651-480-2350 www.hastingsmn.gov
March 21, 2022
Mr. Todd Howard
Acting Dakota County Transportation Director/County Engineer
14955 Galaxie Avenue, 3rd Floor
Apple Valley, MN 55124
RE: Fixing America’s Surface Transportation (FAST) Act
Letter of Support for Dakota County’s CSAH 46 (160th Street/County Road 47) reconstruction (Roadway
Reconstruction/Modernization) project
Dear Mr. Howard:
The City of Hastings is supportive of Dakota County's application for federal funding for the
reconstruction of CSAH 46 (160th Street/County Road 47) from Pleasant Drive east to Trunk Highway 61
as a divided 2-lane urban roadway and construct a multi-use trail along the north side of CSAH 46 from
General Sieben Drive to Pleasant Drive. The project is a joint effort with Dakota County and the City of
Hastings.
The City of Hastings is aware of and understands the proposed project will affect Dakota County CSAH 46.
Dakota County has jurisdiction over CSAH 46 and commits to operate and maintain this roadway for its
design life.
The City of Hastings supports this proposed project for federal funding and agrees to provide a financial
commitment for the improvements directly related to CSAH 46 within the City of Hastings, consistent
with the current County cost participation policy. Thank you for making us aware of this application
effort and the opportunity to provide support.
Sincerely,
Ryan Stempski, P.E.
Hastings Public Works Director/City Engineer
Cc: Mayor and City Council
Dan Wietecha, City Administrator
X-A-01 and 01(a-c)
Dakota County Contract #C0032994.1
FIRST AMENDMENT TO
JOINT POWERS AGREEMENT FOR
CORRIDOR STUDY, PRELIMINARY ENGINEERING AND COST PARTICIPATION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF HASTINGS
FOR
COUNTY PROJECT NO. 46-50
SYNOPSIS: Dakota County and the City of Hastings agree to conduct a corridor study and
preliminary engineering through 30% design for the future reconstruction of County State Aid
Highway (CSAH) 46 (160th Street East/County 47) from 1,300 feet west of General Sieben Drive
in Nininger and Marshan Townships to Trunk Highway (TH) 61 (Vermillion Street) in Hastings,
Dakota County.
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Dakota County Contract #C0032994.1
Page | 2
THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in
this Agreement as the "County", the City of Hastings, referred to in this agreement as “City”, and
witnesses the following:
WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471.59, subd. 1, two
governmental units may enter into an Agreement to cooperatively exercise any power common
to the contracting parties, and one of the participating governmental units may exercise one of its
powers on behalf of the other governmental units; and
WHEREAS, to provide a safe and efficient transportation system, the County and the City are
partnering on County Project (CP) 46-50; and
WHEREAS, CP 46-50 includes a corridor study and preliminary design engineering to develop
the County State Aid Highway (CSAH) 46 (160th Street East/County Road 47) corridor from 1,300
feet west of General Sieben Drive in Nininger and Marshan Townships to Trunk Highway (TH) 61
(Vermillion Street) in Hastings, Dakota County (the “Project”); and
WHEREAS, County staff recommends a joint powers agreement with the City to define the
corridor study and preliminary design responsibilities and project cost participation; and
WHEREAS, the County and City have included this project in their Capital Improvement
Programs to share project responsibilities.
NOW, THEREFORE, it is agreed the County and City will share project responsibilities and
jointly participate in the project costs associated with the Project:
1. Administration: The County is the lead agency for the corridor study and preliminary
design administration of the Project. Subject to the requirements below, the County and
City shall each retain final decision-making authority within their respective jurisdictions.
2. Engineering: Corridor study and preliminary design engineering costs, including
public involvement, agency involvement, corridor study, preliminary design, bridge
evaluation and necessary design, preliminary layouts, plans, specifications and
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proposal, surveying, mapping, consultant engineering, right of way mapping and all
related materials testing, including the cost of County and City staff time for these
purposes, (collectively, “Engineering Costs”) shall be shared based on the County’s
and City’s share of the final corridor study and preliminary design costs in
accordance with the current adopted County Transportation Plan Cost Participation
Policy.
3. Cost Share: The County and City shall divide the project costs for the corridor study and
preliminary engineering as follows:
The County shall be responsible for 82-89% of all project costs
The City shall be responsible for 18-11% of all project costs
4. Non-Project Costs. It is understood that for efficiency and cost effectiveness, the City
may request elements exceeding the City’s Municipal State Aid collector/local street
standards such as City utilities, pedestrian tunnels not required as part of the highway
project and aesthetic improvements, be included in the Project. The City shall be
responsible for 100% of the costs of City utilities not required due to construction, and
100% of all aesthetic elements that exceed the County maximum participation for
aesthetic elements in accordance with County policies included in the current adopted
Dakota County Transportation Plan.
5. Municipal Construction Items. The costs for the design and reconstruction of
improvements to any street under City jurisdiction, outside of the scope and
construction limits for the Project, and any access or access improvements to local
developments that are planned but not required by the Project, shall be the
responsibility of the City.
6. Aesthetic Elements. Aesthetic elements for the Project consist of decorative
pavements, trail lighting, undergrounding of private utilities, landscaping and
plantings. The County will participate up to 50 percent (50%) of the cost of aesthetic
elements up to a maximum amount of three percent (3%) of the County’s share (prior
to application of Federal funding) of highway construction costs. Highway construction
costs exclude costs for items such as right of way, storm sewer and ponding. The City
shall be responsible for 50 percent (50%) of the costs of all aesthetic elements and
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100 percent (100%) of the costs that exceed the County’s maximum participation for
aesthetic elements. The responsibility for maintenance of all aesthetic elements shall
be in accordance with County policies included in the current adopted Dakota County
Transportation Plan.
7. Miscellaneous Elements. General maintenance will be handled in accordance with
County policies included in the current adopted Dakota County Transportation Plan.
8. Street Lighting, Trail Lighting and Maintenance Costs. Upon completion of the
Projects, electrical power necessary for the operation of the streetlights (including
roundabout lighting, trail lighting and underpass lighting) and maintenance of the
streetlights will be provided in accordance with County policies included in the current
adopted Dakota County Transportation Plan.
9. Right of Way: The preliminary design for the Project will determine the existing right of
way, proposed permanent and temporary highway easement and drainage and utility
easements required to complete the recommended corridor design. The County will
determine the existing right of way for use of determining the proposed project
easements. Any right of way needs for new sanitary sewer, water mains and
appurtenances, and aesthetic elements outside of the right of way needed for the
highway improvements shall be the responsibility of the City.
10. Plans and Specifications: The lead agency will prepare the 30% final design plans
consistent with County, City and Township design standards, State-Aid design standards
and MnDOT standards and specifications.
11. City Utilities: Except as stated in the sections of this agreement, the City shall pay for all
other preliminary design costs associated with their respective utility improvements that
are not impacted by the proposed project.
12. Project Cost Updates: The County will provide updated cost estimates to the City
showing the County and City shares of Project costs annually at the time of Capital
Improvement Program development. Updated cost estimates will also be provided by
the County to the City at the following times:
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Dakota County Contract #C0032994.1
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prior to approval of the selected design consultant;
on a quarterly basis through preliminary design;
prior to approval of any necessary contract amendment.
Project cost estimate updates include actual and estimated costs for the corridor study
and preliminary engineering.
The Parties acknowledge that Project cost estimates are subject to numerous
variables causing the estimates to be subject to change and the updates are provided
for informational purposes in good faith. Each agency is responsible for informing
their respective council or board regarding Project costs estimates.
13. Payment: The County will administer the contract and act as the paying agent for all
payments to the Contractor. Payments to the contractor will be made as the project work
progresses and when certified by the County Engineer. The County will request payment
of the City’s share of the Project’s engineering/design and preliminary right of way costs
(estimated at $115,13779,928) after May 1, 2022. To the extent the actual City share of
costs are higher than the estimate listed above, the County will request payment of any
balance due after February 1, 2023. The City, by written notification, may request billing
as soon as May 1, 2021 and February 1, 2022, respectively.
Upon presentation of an itemized claim by one agency to the other, the receiving
agency shall reimburse the invoicing agency for its share of the costs incurred under
this Agreement upon receipt or within a maximum of 35 days from the presentation of
the claim. If any portion of an itemized claim is questioned by the receiving agency,
the remainder of the claim shall be promptly paid, and accompanied by a written
explanation of the amounts in question. Payment of any outstanding amount will be
made following good faith negotiation and documentation of actual costs incurred in
carrying out the work.
14. Change Orders and Supplemental Agreements: Any change orders or supplemental
agreements that affect the project cost participation must be approved by the Authorized
Representative of each party prior to execution of work.
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15. Amendments: Any amendments to this Agreement will be effective only after approval by
each governing body and execution of a written amendment document by duly authorized
officials of each body.
16. Effective Dates for Design of Project: This Agreement will be effective upon execution by
duly authorized officials of each governing body and shall continue in effect until all work
to be carried out in accordance with this Agreement has been completed. Absent an
amendment, however, in no event will this Agreement continue in effect after December
31, 2021.
17. Storm Sewer Construction and Maintenance. The City and County entered into a
Maintenance Agreement for Storm Sewer Systems dated November 4, 2013 (Dakota
County Contract #C0025414) (“Maintenance Agreement”) which governs
maintenance, repair and replacement duties and costs shared by the County and City
for stormwater sewer system located on or along County Highway right-of-way. Upon
acceptance of the Project, on-going maintenance and repairs of storm sewer systems
shall be provided in accordance with the current County and City Maintenance
Agreement. The County will participate in replacement or repair of storm sewer
systems constructed by future construction projects related to the Project in
accordance with County policies included in the current adopted Dakota County
Transportation Plan.
18. Sidewalks and Trails. Upon acceptance of the Project, current and future maintenance
of sidewalk and trails shall be provided in accordance with the current County and City
Maintenance Agreement for County Bikeway Trails. The County and City shall be
responsible for the costs of trail resurfacing or reconstruction in accordance with
County policies included in the current adopted Dakota County Transportation Plan.
19. Rules and Regulations: The County and the City shall abide by Minnesota Department of
Transportation and standard specifications, rules, and contract administration procedures.
20. Indemnification: Each Party agrees to defend, indemnify, and hold harmless the other
Parties against any and all claims, liability, loss, damage, or expense arising under
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the provisions of this Agreement and caused by or resulting from negligent acts or
omissions of the indemnifying Party and/or those of its employees or agents. All
Parties to this Agreement recognize that liability for any claims arising under this
Agreement are subject to the provisions of the Minnesota Municipal Tort Claims
Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed
against either Party, nothing in this Agreement shall be construed to allow a claimant
to obtain separate judgments or separate liability caps from the individual Parties.
Each Party shall include the other Party as additional insured in the contract
documents.
21. Employees of Parties. Any and all persons engaged in the work to be performed by
the County shall not be considered employees of the City, for any purpose, including
Worker’s Compensation, and any and all claims that may or might arise out of said
employment context on behalf of said employees while so engaged. Any and all claims
made by any third party as a consequence of any act or omission on the part of said
employees while so engaged on any of the work contemplated herein shall not be the
obligation or responsibility of the City.
Any and all persons engaged in the work to be performed by the City shall not be
considered employees of the County for any purpose, including Worker’s
Compensation, and any and all claims that may or might arise out of said employment
context on behalf of said employee while so engaged. Any and all claims made by
any third party as a consequence of any act or omissions of the part of the City’s
employees while so engaged on any of the work contemplated herein shall not be the
obligation or responsibility of the County.
22. Audits: Pursuant to Minnesota Statute §16C.05, Subd. 5, any books, records, documents,
and accounting procedures and practices of the County and the City relevant to the
Agreement are subject to examination by the County or the City and either the Legislative
Auditor or the State Auditor as appropriate. The County and City agree to maintain these
records for a period of six years from the date of performance of all services covered under
this Agreement. Dakota County will be financially responsible for the cost of the audit.
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23. Integration and Continuing Effect: The entire and integrated agreement of the Parties
contained in this Agreement shall supersede all prior negotiations, representations or
agreements between the City and the County regarding the Project; whether written or
oral. All agreements for future maintenance or cost responsibilities shall survive and
continue in full force and effect after completion of the improvements provided for in this
Agreement.
24. Authorized Representatives: The authorized representatives for the purpose of the
administration of this Agreement are:
COUNTY OF DAKOTA CITY OF HASTINGS
Todd Howard (or successor) Ryan Stempski (or successor)
Dakota County Transportation Public Works Director
Acting Director/County Engineer 1225 Progress Drive
14955 Galaxie Avenue Hastings, MN 55033
Apple Valley, MN 55124 Telephone: (651) 480-2368
(952) 891-7100 RStempski@hastingsmn.gov
Todd.Howard@CO.DAKOTA.MN.US [FJ1]
The Authorized Representative shall obtain authorization to implement or administer
any provision of this Agreement from his or her respective governing body as required
by the governing body’s policies and procedures. The parties shall promptly provide
notice to each other when an Authorized Representative’s successor is appointed.
The Authorized Representative’s successor shall thereafter be the Authorized
Representative for purposes of this Agreement.
Notification required to be provided pursuant to this Agreement shall be provided to the
following named persons and addresses, unless otherwise stated in this Agreement or in
a modification of this Agreement.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized
officials.
CITY OF HASTINGS
RECOMMENDED FOR APPROVAL:
By
Public Works Director Mayor
APPROVED AS TO FORM: (SEAL)
By
City Attorney City Clerk
Date
------------------------------------------------------------------------------------------------------------------------------------------
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By
Dakota County Transportation Director/County Engineer Physical Development Director
Date:
APPROVED AS TO FORM:
________________________________
Assistant Dakota County Attorney/Date
KS-
COUNTY BOARD RESOLUTION
No. 20- Date:
X-A-01 and 01(a-c)