4.3. SR 05-07-2018
Request for Action
To Item Number
Mayor and City Council 4.3
Agenda Section Meeting Date Prepared by
Consent May 7, 2018 Zack Carlton, Planning Manager
Item Description Reviewed by
Limited Use Permit: Entrance Monument Signs in Cal Portner, City Administrator
MnDOT Right of Way
Reviewed by
Action Requested
Adopt, by motion, a resolution approving Limited Use Permit (LUP) 7102-0015 for the construction of
entrance signs within the rights-of-way for Highways 169 and Highway 10.
Background/Discussion
City staff has secured authorization from the Minnesota Department of Transportation (MnDOT) to
construct two entrance monument signs in state right-of-way. The sign locations approved with the LUP
are along Highway 10 approximately 270 feet from the western city limits, and Highway 169
approximately 50 feet from the northern city limits.
The LUP authorizes placement of the signs for 10 years, at which time the permit may be renewed by
MnDOT for another 10 years.
Staff continues to work on securing approvals for entrance monuments along Highways 101 near Otsego
and Highway 10 near the border with Ramsey.
Financial Impact
None
Attachments
Limited Use Permit 7102-0015
Location Exhibits
Resolution
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
LUP – Municipal Identification Entrance Sign Form Page 1 of 6 LU1000 4/6/2018
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
C.S. 7102 (T.H. 10)
C.S. 7106 (T.H 169)
County of Sherburne
LUP # 7102-0015
Permittee: City of Elk River
Terminates: 12/31/2028
In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its
Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City
of Elk River (“Permittee”), to use the area within the right of way of Trunk Highway No.10 and 169 as
shown in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This
Limited Use Permit is executed by the Permittee pursuant to resolution , a certified copy of which is
attached hereto as Exhibit B.
Municipal Identification Entrance Sign
The Permittee's use of the Area is limited solely for the purpose of constructing and maintaining a
Municipal Identification Entrance Sign ("Facility"), and the use thereof may be further limited by
Minnesota Statutes Section 173.02 Subdivision 6(a) and Section 173.025.
The Permittee will be allowed access to the Area from said trunk highway for the purpose of
constructing and maintaining the Facility at a time and in a manner designated by MnDOT’s District
Engineer. When working on the Area, the Permittee will conduct its operations in accordance with
the requirements of the "Minnesota Field Manual on Temporary Traffic Control Zone Layouts". The
Permittee must not block or close any lane of traffic during construction or ma intenance activities
unless prior written approval has been obtained from MnDOT.
No advertising of any nature is permitted on the Facility except that the Permittee may incorporate a
pictograph or a short promotional slogan which has historically been used in the identification of the
Permittee.
The Permittee agrees that it will maintain the identification sign lighting and submit any needed long
form utility permits for the lighting.
LUP – Municipal Identification Entrance Sign Form Page 2 of 6 LU1000 4/6/2018
In addition, the following provisions shall apply:
1. TERM. This LUP terminates at 11:59PM on December 31, 2028 subject to the right of
cancellation by MnDOT, with or without cau se, by giving the Permittee ninety (90) days written
notice of such cancellation. This LUP will not be renewed except as provided below.
Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up
to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to
the Expiration Date, a written request to extend the term. Any e xtension of the LUP term will be
under the same terms and conditions in this LUP, provided:
(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and
Area are compatible with the safe and efficient operation of the highwa y and the Facility
and Area are in good condition and repair. If, in MnDOT’s sole determination,
modifications and repairs to the Facility and Area are needed, Permittee will perform such
work as outlined in writing in an amendment of this LUP; and
(b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable
governmental body authorizing the Permittee’s use of the Facility and Area for the
additional term.
If Permittee’s written request to extend the term is not timely given, th e LUP will expire on the
Expiration Date.
Permittee hereby voluntarily releases and waives any and all claims and causes of action for
damages, costs, expenses, losses, fees and compensation arising from or related to any
cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or
assert any claims for damages, costs, expenses, losses, fees and compensation based upon
the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute
any legal action against MnDOT based upon any of the claims released in this paragraph.
2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and
expense Permittee will:
(a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District
Engineer; and
(b) Surrender possession of the Area to MnDOT.
If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration
Date or earlier termination, Permittee will remain subject to all conditions, provisions, and
obligations of this LUP, and further, Permittee will pay all costs and expenses, including
attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from
the Area.
LUP – Municipal Identification Entrance Sign Form Page 3 of 6 LU1000 4/6/2018
3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no
cost or expense to MnDOT.
The Facility shall be constructed according to the plans that are attached as Exhibit A. Approval
in writing from MnDOT District Engineer shall be required for any changes from the approved
plan.
The Permittee shall construct the Facility only at the location shown in the attached Exhibit "A"
subject to verification by MnDOT 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 existing survey monuments and utilities located on
the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the
Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to
performing any excavation.
4. MAINTENANCE. The Permittee shall keep the Facility in good repair. 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. MnDOT may, without
prior notice, remove any Facility that presents a safety risk or which has not been properly
maintained.
5. USE. Other than as identified and approved by MnDOT, n o 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 LUP shall remain subordinate to the right of MnDOT to use the
property for highway and transportation purposes. This LUP 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. No rights to relocation benefits are established by this LUP.
This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited
to public utilities which may occupy the Area.
6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation
imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations
LUP – Municipal Identification Entrance Sign Form Page 4 of 6 LU1000 4/6/2018
relating thereto and any necessary permits relating thereto shall be app lied for and obtained by
the Permittee.
Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the
Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued
by any federal, state or local political subdivision having jurisdiction and authority in connection
with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities
are not in compliance with the ADA or other applicable laws MnDOT may enter the A rea and
perform such obligation without liability to Permittee for any loss or damage to Permittee thereby
incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for
overhead and supervision within 30 days of receipt of MnDOT’s invoice.
7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that in the event facilities are
constructed, maintained, or otherwise operated on the property described in this permit for a
purpose for which a MnDOT activity, facility, or program is extended or for another purpose
involving the provision of similar services or benefits, the Permittee will maintain and operate
such facilities and services in compliance with all requirements imposed by the Acts and
Regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department
of Transportation, Federal Highway Administration (FHWA),(as may be amended) such that no
person on the grounds of race, color, national origin, sex, age, disability, income -level, or limited
English proficiency (LEP) will be excluded from participation in, denied the benefits of, or be
otherwise subjected to di scrimination in the use of said facilities.
8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the time and
manner of access to the Facility located on the trunk highway right of way, so as to maintain the
safety of both the traveling public and Permittee.
9. ASSIGNMENT. No assignment of this LUP is allowed.
10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties,
or agreements have been made by MnDOT or Permittee to one another with respect to this
LUP.
11. 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 notify in writing MnDOT’s District Engineer and 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.
12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen,
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 whatsoe ver shall be filed
LUP – Municipal Identification Entrance Sign Form Page 5 of 6 LU1000 4/6/2018
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 and/or against said lands, for or on account
of any work done or materials furnished by i t or any of them under any agreement or any
amendment or supplement thereto.
13. 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 Right of Way
7694 Industrial Park Rd.
Baxter, MN 56425-8096
The address to which notices are mailed may be changed by written notice given by either
party to the other.
14. 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 Permittee'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 LUP is granted;
(c) claims resulting from temporary or permanent changes in drainage patterns resulting in
flood damages;
(d) any laborers', mechanics', or materialmens' 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, maintena nce or operation of the Facility.
LUP – Municipal Identification Entrance Sign Form Page 6 of 6 LU1000 4/6/2018
MINNESOTA DEPARTMENT OF
TRANSPORTATION
RECOMMENDED FOR APPROVAL:
By:____________________________
District Engineer
Date______________________________
CITY OF ELK RIVER
By___________________________
Its _______________________
And___________________________
Its _______________________
Date_______________________
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.
~53'
-
8
"City Entrance MonumentLocated approximately one footfrom ROW and in line with billboardCity Limits~271'-11"Highway 10
City Entrance MonumentLocated approximately one foot from ROWand in line with start of taper for turn-laneCity Limits~32'-6"~53'-1"
Highway 1
6
9
City of Elk River
City Council
Resolution 18-____
A Resolution of the City Council of the City of Elk River Approving a State of
Minnesota Department of Transportation Limited Use Permit for Municipal
Identification Signs
WHEREAS, the City of Elk River seeks to construct Municipal Identification Signs at
primary entrances to the city; and
WHEREAS, construction of Municipal Entrance Signs within state owned right-of-way
requires approval by the Minnesota Department of Transportation of a Limited Use Permit
authorizing the placement for 10 years; and
WHEREAS, Minnesota Department of Transportation District 3 has approved Limited
Use Permit 7102-0015 allowing two signs within the rights-of-way for Trunk Highway 169
and Trunk Highway 10.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. Limited Use Permit 7102-0015 for the construction of a Municipal Identification
Signs within the Right-of-Way of TH 169 and TH10 is hereby accepted.
2. The Mayor and City Clerk are authorized to execute the said permit on behalf of the
City of Elk River
Passed and adopted this 7th day of May 2018.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
EMBOSSED SEAL OF Elk River