8.3. SR 08-20-2012 tik REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 8.3
AGENDA SECTION MEETING DATE PREPARED BY
General Business August 20,2012 Jeremy Barnhart,Planning Manager
ITEM DESCRIPTION REVIEWED By
Main Street and Highway 169 Intersection Landscaping Cal Portner, City Administrator
Improvements REVIEWED BY
ACTION REQUESTED
Four actions are necessary to complete the intersection improvements as proposed:
1. Adopt resolution authorizing the mayor and city clerk to sign the Limited Use Permit with
MnDOT.
2. Authorize staff to sign agreements with adjacent property owners to use their water for irrigation
purposes.
3. Authorize staff to advertise for bids to complete landscaping work as proposed.
4. Authorize staff to hire irrigation contractor at a cost not to exceed$10,700.
BACKGROUND/DISCUSSION
Limited Use Permit. The improvements proposed require the receipt of a Limited Use Permit from
MnDOT. The permit was not negotiable. There are a couple of points that should be brought to the
Council's attention.
The permit will expire on September 1,2022, and will not be renewed. Assuming the Council desires to
retain the landscaping improvements beyond that date,a new permit will need to be obtained. It is staff's
understanding that this arrangement gives MnDOT more power to not approve an extension should they
desire to do so. Further,it is staff's understanding that a primary reason that a permit would not be
approved is if the city failed to adequately maintain the improvement to MnDOT standards or the growth
of the plant materials hampered vision or operation of the intersection. Lastly, the agreement can be
voided at any time by decision of MnDOT,with 90 days notice. While staff has concerns with the
agreement,it seems this is the only option if the city desires to complete this project.
Irrigation. Staff has obtained an estimate for irrigating the four corners. The irrigation will consist of
drip irrigation for the planted areas, and spray heads for the grass areas.
The expenses associated with irrigation,in summary:
Irrigation systems $4,500
Solar charging units $ 200
Water meters $ 800
Extension of water service $5,200
Total $10,700
rswEIE0 Ir
N:\Public Bodies\City Council\Council RCA\Agenda Packet\08-20-2012\Main St improvements.docx NAME
These expenses mitigate staff hours spent hand watering the corners, estimated by Parks Maintenance
staff at 16 hours a week during dry periods. It is staff's recommendation to irrigate the corners,
drastically reducing staff time in hand watering the areas. Further,with irrigation, turf grass can be
comfortably introduced to the areas, eliminating a prairie grass component.
Irrigation agreement. The city attorney has drafted an agreement that spells out responsibilities between
the city and the adjacent property owners (Walgreens,Wash N Fill, and SuperAmerica) regarding the use
of their water to irrigate the intersection improvements. All three businesses have indicated their desire
to work with the city on this project.
Maintenance costs. The parks maintenance superintendent estimates the maintenance of the
improvements at 32 hours in the spring, 32 hours in the fall, and 8 hours a week during the growing
season.
Authorization to Bid. Staff seeks authorization to advertise for quotes for the project as shown on the
attached drawings dated July 10, 2012. This plan is consistent with the plan presented in May.
FINANCIAL IMPACT
Consistent with the landscaping improvements, funding would come from unspent portions of the Street
Improvement Reserve.
ATTACHMENTS
• Improvement Plans Dated July 10, 2012
• Limited Use Agreement
• Resolution
• Draft Agreement with Property Owners
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\City Council\Council RCA\Agenda Packet\08-20-2012\Main St improvements.docx
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oo'eS°4 Minnesota Department of Transportation
�
District 3 Right of Way Office Tel: 218-828-5801
4 7694 Industrial Park Rd. Fax:218-828-5815
OF TS
Baxter, MN 56425-8096 E -mail: Kevin.Schmidt @dot.state.mn.us
August 15, 2012
City of Elk River
c/o Jeremy Barnhart
13065 Orono Parkway
Elk River, MN 55330
Subject: C.S. 7106 (T.H. 169)
LUP#7106-0013
Limited Use Permit for Highway Beautification
Dear Mr. Barnhart:
Enclosed find four(4) copies of a Limited Use Permit for Highway Beautification. Please sign
where indicated and return to this office for further processing. We also need four(4) original
copies of the resolution enclosed to attach to each of the permits. The resolution may need to be
reformatted to meet the City of Elk River requirements.
A final copy will be returned for your records.
Please contact Mark Renn at 320-223-6522 for a permit to perform miscellaneous work on the
trunk highway right of way.
If you have any additional questions or concerns about this process, please contact me at 218-
828-5801.
Sincerely,
Kevin Schmidt
District RW Engineer
Enclosures
cc: Kevin Schmidt, R/W Engineer
Maintenance Engineer/Area Permit Office
File
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
C.S. 7106 (T.H. .169)
County of Sherburne
LUP #71-06-0015
Permittee; City of Elk River
Terminates; 09/01/2022
In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its
Commissioner of Transportation, MnDOT, hereby grants a Limited Use Permit to City of Elk River,
Permittee,to use the area within the right of way of Trunk Highway No. 169 as shown in red on
Exhibit "A", (the Area) attached hereto and incorporated herein by reference. This permit is executed
by the Permittee pursuant to resolution, a certified copy of which is attached hereto and incorporated
herein.
Highway Beautification
The Permittee's use of the Area is limited to only the specific highway beautification project on Hwy
169 and Main Street(the Facility) to improve the aesthetics of the highway corridor.
In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. TERM. This permit will terminate at 11:59PM on 09/01/2022. This permit will not be renewed.
This permit is also subject to cancellation and termination by the Minnesota Department of
Transportation, with or without cause, by giving the Permittee 90 days written notice of such
intent. Prior to termination, or within,90 days of the cancellation notice, the Facility shall be
removed by the Permittee. The Permittee is required to return and restore the area to a
condition satisfactory to the Minnesota Department of Transportation District Engineer. The
removal of the Facility and the return and restoration of the Area shall be at no cost to the
Minnesota Department of Transportation and at the sole expense of the Permittee. If Permittee
desires to continue its use of the Area, the Permittee must reapply to the Minnesota Department
of Transportation, at least 90 days prior to termination, for a new limited use permit.
After termination, any continued occupancy or use, under this permit, of the Area is not
authorized. However, if such continued occupancy or use occurs, all provisions of this permit
related to Permittee's liability or responsibility remain in effect. Permittee will pay MnDOT all
LUP—Standardized LUP Form Page 1 of 5 Lll1001 8/15/2012
costs and expenses, including attorneys fees, in any successful action brought by State of
Minnesota to remove the facility and stop the continued occupancy or use.
2. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no
cost or expense to MnDOT.
Before construction of any kind,the plans for such construction shall be approved in writing by
the Minnesota Department of Transportation, through the District Engineer. Approval from
Minnesota Department of Transportation District Engineer shall be required for any changes
from the approved plan.
The Permittee shall construct the Facility at the location shown in the attached Exhibit"A"
subject to verification by the Minnesota Department of Transportation District Engineer that the
construction geometrics and procedures result in a Facility that is compatible with the safe and
efficient operation of the highway.
Upon completion of the construction of the Facility, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
The Permittee shall preserve and protect all utilities located on the lands covered by this permit
at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher
State One Cali System at 1-800-252-1166 at least 48 hours prior to performing any excavation.
Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of
the highway and shall provide and ensure reasonable and adequate stopping sight distance.
3_ MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at
its sole cost and expense, including, but not limited to, plowing and removal of snow and
installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other
governmental agency sign post within the Area. MnDOT will not mark obstacles for users on
trunk highway right of way.
4. USE. Other than as identified and approved by MnDOT, no permanent structures or no
advertising devices in any manner,form or size shall be allowed on the Area. No commercial
activities shall be allowed to operate upon the Area.
Any use permitted by this permit shall remain subordinate to the right of the Minnesota
Department of Transportation to use the property for highway and transportation purposes. This
permit does not grant any interest whatsoever in land,nor does it establish a permanent park,
recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f)
of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian
way which would require replacement pursuant to Minnesota Statutes Section 1.60.264. No
rights to relocation benefits are established by this permit
LUP Standardized LUP Form Page 2 of 5 LU1001 8/15/2012
This permit is non-exclusive and is granted subject to the rights of others, including, but not
limited to public utilities which may occupy the Area.
5, APPLICABLE LAWS. This permit does not release the Permittee from any liability or obligation
imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations
relating thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
6. CIVIL RiGHTS. The Permittee, for itself, its successors, and assigns, agrees to abide by the
provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no
person in the United States, shall on the grounds of race, color, or national origin, be excluded
from, or denied use of any Facility.
7. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking
of vehicles and assemblage of Facility users, on the highway right of way over which this permit
is granted, so as to maintain the safety of both the motoring public and Facility users.
8. ASSIGNMENT. No assignment of this permit is allowed.
9. IN WRITING. Except for those which are set forth in this permit, no representations, warranties,
or agreements have been made by MnDOT or Permittee to one another with respect to this
permit.
10. The office of MnDot Permit Specialist in St Cloud, Mark Renn, at 320-223-6522, will issue
permits to work on the right of way and !or approve any lane closures on T.H. 169
11. All plantings, decorations, and materials shall be breakaway, since plantings may be in the clear
zone. and large rocks and larger diameter trees are not breakaway. All plantings near the
sidewalk shall be kept trimmed to promote sight distance around the corner_
12. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any
governmental or regulatory agency onto the ground, or into any body of water, or into any
container on the,State's right of way. In the event of spillage of regulated materials, the
Permittee shall provide for cleanup of the spilled material and of materials contaminated by the
spillage in accordance with all applicable federal, state and local laws and regulations, at the
sole expense of the Permittee.
13. MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors,>;»its materialrnen,
and all other persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed
or maintained by it or by,any subcontractor, materialmen or other person or persons acting for,
through or under it or any of them against the work andfor against said lands, for or on account
of any work done or materials furnished by it or any of them under any agreement or any
amendment or supplement thereto.
LUP—Standardized LUP Form Page 3 of.5 LU1'0 01 8/1512012
14 NOTICES. All notices which may be given, by either party to the other, will be deemed to have
been fully given when served personally on MnDOT or Permittee or when made in writing
addressed as follows: to Permittee at:
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
and to MnDOT at:
State of Minnesota
Department of Transportation
District 3 St Cloud Permits Specialist
Mark Renn or his successor
3725 12th Ave North
St Cloud MN 56301
The address to which notices are mailed may be changed by written notice given by either party
to the other.
15 INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of
Minnesota, its Commissioner of Transportation and employees and its successors and assigns,
from and against
(a) all claims, demands, and causes of action for injury to or death of persons or loss of or
damage to property (including Permttee's property) occurring on the Facility or connected with
Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or
damage is caused in part by the negligence of State of Minnesota or is deemed to be the
responsibility of State of Minnesota because of its failure to supervise, inspect or control the
operations of Permittee or otherwise discover or prevent actions or operations of Permittee
giving rise to liability to any person.
(b) claims arising or resulting from the temporary or permanent termination of Facility user
rights on any portion of highway right of way over which this permit is granted;
(c) claims resulting from temporary or permanent changes in drainage patterns resulting in
flood damages;
(d) any laborers', mechanics', or materalrnens' liens or other liens or claims of any kind
whatsoever filed or maintained for or on account of any work done or materials furnished; and
(e) any damages, testing costs and clean-up costs arising from spillage of regulated
materials attributable to the construction, maintenance or operation of the Facility.
LUP-Standardized LUP Form Page 4 of 5 LU1001 8f15/2012
MINNESOTA DEPARTMENT CITY OF ELK RIVER
OF TRANSPORTATION
By
RECOMMENDED FOR APPROVAL
By: Its
District Engineer
Date And
Its
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By:
Director, Office of Land Management
Date
The Commissioner of Transportation
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
LUP—Standardized LUP Form Page 5 of 5 LUt001 8115/2012
RESOLUTION 12-
A RESOLUTION OF THE CITY OF ELK RIVER
CITY COUNCIL
A RESOLUTION APPROVING A STATE OF MINNESOTA
MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT
FOR HIGHWAY BEAUTIFICATION
BE IT RESOLVED by the City Council of the City of Elk River,Minnesota, that:
1. Limited Use Permit 7106-0013 for the construction and maintenance of landscaping
within the Right of Way of TH 169 is hereby approved.
2. The City Clerk is authorized to execute the said permit on behalf of the City of Elk.
River.
Passed and adopted by the City Council of the City of Elk River,Minnesota this 20th day of August,
2012.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
(seal)
AGREEMENT REGARDING USE OF IRRIGATION SYSTEMS AT MAIN
STREET/HIGHWAY 169 INTERSECTION
This Agreement entered into this day of August 2012, by and between
(" ") and the City of Elk River, a Minnesota municipal
corporation("City").
WHEREAS, is the owner/tenant/manager of the property located at
in the City of Elk River(the "Property"); and
WHEREAS,the Property is located immediately adjacent to the intersection of State Highway
No. 169 and Main Street; and
WHEREAS,the City is installing landscape improvements within the public right of way at the
Main Street/Highway 169 intersection in order to beautify this gateway into the City; and
WHEREAS,the City's landscape improvements will require an irrigation system(the "City
System"); and
WHEREAS,the most efficient way to connect the City System to a water source is by
connecting it to 's existing irrigation system(the "Existing System"); and
WHEREAS, has agreed to allow the City to connect the City System to the Existing
System,pursuant to the terms of this Agreement;
NOW, THEREFORE, the parties agree as follows:
A. hereby grants City the right to enter on the property for the limited purposes
of connecting the City System to the Existing System and maintaining, repairing and
replacing the City System as necessary, and the right to use water from the Existing
System, subject to the terms of this Agreement.
B. City agrees that it:
1. Shall be solely responsible for connecting the City System to the Existing System
and for maintaining,repairing and replacing the City System;
2. Shall make the connection and operate the City System without damaging or
reducing the effectiveness of the Existing System;
3. Shall repair as quickly as reasonably possible any damage to the Existing System
caused by City in the course of connecting the City System to the Existing System
and maintaining, repairing or replacing the City System;
4. Shall restore the Property to its existing condition following completion of all
work necessary to connect the City System to the Existing System and to
maintain, repair and replace the City System;
5. Shall install a meter in the City System and keep a record of water used by the
City System. On October 1 of each year,the City shall make payment to
for water used during that year. The amount paid shall equal
's cost for the water used by the City System.
C. agrees not to take any action which would reduce or cut off the water supply
from the Existing System to the City System during the term of this Agreement.
D. This Agreement may be terminated:
1. At any time by mutual agreement of the parties hereto;
2. By , upon written notice to the City, if the City violates any of the
terms of this Agreement;
3. By the City if it determines it no longer needs access to the Existing System.
E. In the event of termination of this Agreement,the City may remove the City System from
the Property, and shall do so if requested by . The City shall return the
Property to its then existing condition upon completion of such removal.
John J. Dietz, Mayor
Tina Allard, City Clerk
Owner/Tenant/Manager
GP:3211450 vl
2
ECitylls
MEMORANDUM
River
TO: Mayor and City Council
FROM: Jeremy Barnhart, Planning Manager
DATE: August 20, 2012
SUBJECT: Main and 169 Landscaping Improvements
Items 8.3 and 8.4
It has come to my attention that I neglected to provide an expected cost for the landscaping
improvements at Main Street and Highway 169.
Those costs are:
Landscaping improvements $ 21,995
Irrigation improvements $ 10,700
Signage $ 19.500
Total $ 52,195
This project would be funded through unspent portions of the Street Improvement Reserve Fund.
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