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5.2. SR 03-07-1994 rei ---\) ( )j 'Ii< A!!enda Item 5.2. MEMORANDUM TO: MAYOR & CITY COUNCIL 1'/ PATKLAERS,CITYAD~~.,!' ATOR rf'! MARCH 2, 1994 :r/ FROM: DATE: SUBJECT: HIGHWAY 101/169/10 MNDOT COOPERATIVE AGREEMENT Attached for your information is a cover letter from City Engineer Terry Maurer regarding the MnDOT Cooperative Agreement, a resolution approving this agreement, and the actual MnDOT/City agreement. Also attached are some maps showing the drainage improvements that are being discussed in the agreement. e Terry Maurer is out of town on vacation and I have asked one of his employees, Dave Nyberg, to attend this meeting to review the proposal with the City Council. Dave has been working with MnDOT on behalf of the City in the development of the drainage improvements plans. The improvements call for the construction of a new 72 inch culvert through the intersection and into a drainage pond. Improvements also call for the reconstruction of an existing drainage pipe. This reconstruction is for a 60 inch pipe on the west side of the project that would flow into an existing drainage pipe and into the drainage pond. e When this agreement was first received last week, I had some concerns over the cost associated with the 60 inch pipe and whether or not the City was paying a disproportionately large share for this pipe. Initially, the City understood that MnDOT needed to upgrade this pipe anyway and this was part of the initial discussions. However, the final design for the 72 inch pipe on the other side of the intersection did not flow into the existing 60 inch culvert pipe, but was a completely separate drainage pipe into the pond. Based on this design, MnDOT had no need to upgrade anything on the west side of the intersection. With this being the case, most of the cost to upgrade this existing 48 inch and 36 inch pipe to the 60 inch pipe on the west side becomes a City responsibility. This 60 inch pipe is to drain all of the area that flows from the Main and Evans intersection that is scheduled to be improved in 1994. P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 e The City, our Engineers, and the MnDOT representatives also recently discussed the 84% of the project that the City was being asked to finance. It seemed like the City should be paying more than 84% for the 72 inch and much less than 84% for the 60 inch pipe. This has been explained by Dave Nyberg as being an accurate aggregate percentage whereby the actual drainage flow from the City is about 93% of the 72 inch pipe and 64% of the 60 inch pipe. Overall the percentage is accurate and the dollar amounts being requested to be paid for by the City is appropriate. After receiving this information, I also had a number of questions regarding the true need for the 60 inch pipe. It is not anticipated that this large pipe is needed immediately, but within the next few years the City certainly will need to have a larger drainage pipe on this west side. Accordingly, a great deal of cost savings can be achieved by doing the project now. e In summary, the City has analyzed the proposed agreement and, more specifically, the need for the improvements and cost sharing requirements within the agreement and has found the requested contribution amount to be fair and appropriate. Also, it should be noted that MnDOT officials have not asked the City to contribute anything for the excavation of the drainage pond, the rip rap for the pipes coming out of this drainage pond and into the river, or for any pre-engineering costs associated with this project. This relates directly to a cost savings for the City in the neighborhood of $40,000. Staff recommends approval of the resolution entering into this City/MnDOT Cooperative Agreement. e MS February 24, 1994 File: 230-161-70 CONSULTING ENGlNEEP.s CIVil ENGINEE.RING ENVIRONMENTAL MUNICIPAL PlANNING STRUCTURAl eJRVEYING TRAFFIC TRANSPORT A nON 1326 Energy Pork Drive St. Paul, MN 55108 612-64,4-4389 fox: 612-644-9446 MOO Shelard Parkway ~inneopolis, MN 55441 612-546-0432 fox: 612-544-6398 Mr. Pat Klaers City Administrator City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: TRUNK HIGHWAY 101/169/10 IMPROVEMENTS MnDOT COOPERATIVE AGREEMENT Dear Mr. Klaers: Enclosed are three copies of a Cooperative Construction Agreement and three copies of a resolution prepared by MnDOT for the storm sewer included in the MnDOT project at TH 101/169110 interchange. This Cooperative Agreement covers the 72-inch storm sewer pipe on the east side of TH 169 and the 60-inch storm sewer pipe on the west side of TH 169. The Cooperative Agreement estimates the Citts cost at $413,203.15 for both of these pipes. This includes 84% of the construction cost plus 8% overhead. The 84% figure was calculated by determining the peak flow from the MnDOT interchange versus the peak flow from the City of Elk River as a ratio. If you recall, when we first began working with MnDOT and anticipated three parallel 42- inch pipes on the east side of TH 169, we were estimating the City's cost for just that side at $525,000 to $600,000. We had never prepared an estimate for the City's participation in the 60-inch pipe on the west side of TH 169. We believe that a total cost of just over $400,000 for both of these is a reasonable amount to be paid by the City for their participation in this construction. MnDOT has advertised this project for bids. Bids are anticipated to be opened on March 11; therefore, they require the execution of both the Cooperative Agreement and the resolution prior to that date. We would recommend City approval of both of these documents. They can then be forwarded directly to Howard Ries at MnDOT's office in Oakdale, Minnesota. If you have any questions regarding this, please call. Sincerely, MSA, CONSULTING ENGINEERS ;;U4;;~~U0 Terry J. K1aurer, P.E. TJM:tp Enclosures 161-2404.feb {(i\ . 'OF'!! Minnesota Department of Transportation Metropolitan Division Oakdale Office 3485 Hadley Avenue North Oakdale, Minnesota 55128 February 16, 1994 Oakdale 779-5058 Mr. Terry Maurer Elk River City Engineer % Maier stewart & Associates 1326 Energy Park Drive st. Paul, Minnesota 55108-5202 rr.J.J1.& @J~O\Yl~rm II 'f. ~-. : II I" 1\'. , 0011, ' .' ,\, ! \ 8 L..-r : !I t ; \\ > J ~ . 'i;', ' ,j), t',..J .....r"'____....,.c........_......__.....,.'_ ," ,.. _..; ~ Dear Mr. Maurer: 8~ l.SSOc,.~~.;'[.$'i.j:,;.i "'~" .,..,.._.....~'...._4...~""-...-_c._....,_...,~} SUBJECT: Proposed Coop. Const. Agree. No. 71720 City of Elk River S.P. 8608-14 (T.H. 101=187) Fed. Proj. NH 018-1 (77) City cost storm sewer construction by the State on T.H. 101 at T.H. 10 in Elk River e Transmitted herewith in triplicate is a proposed agreement with the City of Elk River. This agreement provides for payment by the City to the state of the City's share of the costs of the storm sewer construction to be performed upon, along and adjacent to T.H. 101 within the corporate City limits. Kindly present this agreement to the city Council for their approval and execution which includes original signature~ of the City Council authorized City officers on all three copies of the agreement. Also required are three copies of a new resolution passed by the City Council authorizing its officers to sign the agreement on its behalf. A suggested form of such resolution is also enclosed. This project is currently scheduled for a March 11, 1994 letting, therefore your immediate attention to this project would be appreciated. It is requested that the executed agreement and resolution copies be forwarded to this office as soon as possible. A copy will be returned to the City when fully executed. s;~rel~ / ~~--d',#/b-s oward w. Rles Design Agreements Coordinator e Attachments: An Equal Opportunity Employer rl; --\j ( 'i! fli{ RESOLUTION 94- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ENTERING INTO AGREEMENT NO. 71720 WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR STATE PROJECT NO. 8608-14 TRUNK HIGHWAY 101 BE IT RESOLVED that the City of Elk River enter into Agreement No. 71720 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: e To provide for payment by the City to the State of the City's share of the costs of the storm sewer construction to be performed upon, along and adjacent to Trunk Highway No. 101 at the junction of T.H. 10 within the corporate City limits under State Project No. 8608-14 (T.H. 101=187). BE IT FURTHER RESOLVED that the proper City officers are hereby authorized and directed to execute such agreement. Passed and adopted by the Elk River City Council this 7thday of March, 1994. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk e P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 e e e PRE-LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT AGREEMENT NO. 71720 S.P. 8608-14 (T.H. 101=187) Fed. Proj. NH 018-1 (77) Agreement between The State of Minnesota Department of Transportation, and The City of Elk River Re: City cost storm sewer construction by the State on T.H. 101 at T.H. 10 in Elk River AMOUNT ENCUMBERED (None} ESTIMATED AMOUNT RECEIVABLE $413.203.15 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the city of Elk River, Minnesota, acting by and through its city council, hereinafter referred to as the "city". . e . 71720 WITNESSETH: WHEREAS the State is about to perform grading, surfacing, lighting, signals, bridge widening and signing construction and other associated construction upon, along and adjacent to Trunk Highway No. 101 from Engineer station 995+98.51 (0.27 miles north of Trunk Highway No. 10) to Engineer station 1017+91.42 (0.15 miles south of Trunk Highway No. 10) within the corporate City limits in accordance with State plans, specifications and/or special provisions designated as State project No. 8608-14 (T.H. 101=187) and in the records of the Federal Highway Administration as Minnesota Project NH 018-1 (77); and WHEREAS the mainline storm sewer to be constructed under the State contract will collect and convey storm water drainage from both trunk highway right-of-way and adjacent City property; and WHEREAS the city has expressed its willingness to participate in the costs of the mainline storm sewer construction and associated construction engineering as hereinafter set forth; and WHEREAS Minnesota Statute section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE Section A. contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 8608-14 (T.H. 101=187) in accordance with State plans, specifications and/or special provisions which are on file in the office of the Commissioner of Transportation at st. Paul, Minnesota, and are made a 2 e e e 71720 part hereof by reference with the same force and effect as though fully set forth herein. section B. Direction and supervision of construction The state shall direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction shall be performed in compliance with the approved plans, specifications and/or special provisions. o Section C. Plan Chancres. Additional Construction. Etc. The state shall make changes in the plans and/or contract construction, which may include the city cost participation construction covered under this agreement, and shall enter into any necessary addenda, change orders and/or supplemental agreements with the state's contractor which are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the state's Metropolitan Division Engineer at Roseville or his authorized representative will inform the appropriate City official of any proposed addenda, change orders and/or supplemental agreements to the construction contract which will affect the City cost participation construction covered under this agreement. Section D. satisfactory ComDletion of Contract The state shall perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. ARTICLE II - INSPECTION BY THE CITY The city cost participation construction covered under this agreement shall be open to inspection by the city. If the city believes the City cost participation construction covered under this agreement has not been properly performed or that the construction is defective, the City shall inform the state Division Engineer's authorized 3 e e . 71720 representative in writing of those defects. Any recommendations made by the city are not binding on the state. The state shall have the exclusive right to determine whether the City cost participation construction covered under this agreement has been satisfactorily performed by the state's contractor. ARTICLE III - BASIS OF PAYMENT BY THE CITY section A. SCHEDULE "I" and EXHIBIT "Cost ParticiDation" A Preliminary SCHEDULE "I" is attached hereto and made a part hereof by reference. The preliminary SCHEDULE "I" includes all anticipated City cost participation construction items and the construction engineering cost share covered under this agreement, and is based on engineer's estimated unit prices. EXHIBIT "Cost Participation", a colored layout which shows all anticipated City cost participation construction covered under this agreement, is on file in the office of the State's Division Engineer and in the office of the State's Municipal Agreements Engineer at st. Paul, and is made a part hereof by reference with the same force and effect as though fully set forth herein. section B. city Cost ParticiDation construction The City shall, at the percentage indicated, participate in the following construction to be performed upon, along and adjacent to Trunk Highway No. 101 at the junction of Trunk Highway No. 10 within the corporate City limits under State Project No. 8608-14 (T.H. 101=187). The construction includes the city's proportionate share of item costs for mobilization, field office and traffic control. 84.0 Percent shall be the rate of cost participation in all of the mainline storm sewer construction as shown and/or described in "orange" on EXHIBIT "Cost Participation", which is on file at the locations given in section A. of this article. The construction includes, but is not limited to, those construction items as 4 . 71720 described and tabulated on Sheet No. 2 of the attached Preliminary SCHEDULE "I". section C. Construction Enqineerina Costs The City shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the city participation construction covered under this agreement. section D. Addenda. chanqe Orders and SUDplemental Aareements The City shall share in the costs of construction contract addenda, change orders and/or supplemental agreements which are necessary to complete the City cost participation construction covered under this agreement. Section E. Settlements of Claims The City shall pay to the State its share of the cost of any settlements of contract claims made with the State's contractor. e All liquidated damages assessed the State's contractor in connection with the construction contract shall result in a credit shared by the State and the City in the same proportion as their total construction cost share covered under this agreement is to the total contract construction cost before any deduction for liquidated damages. ARTICLE IV - PAYMENT BY THE CITY Section A. Estimate and Advancement of the city's Cost Share It is estimated that the City's share of the costs of the contract construction plus the construction engineering cost share is the sum of $413,203.15 as shown in the attached Preliminary SCHEDULE "I". Upon award of the construction contract the State shall prepare a Revised SCHEDULE "I" based on construction contract unit prices and shall submit a copy to the City. The city shall advance to the Commissioner of Transportation ~he City's total estimated cost share as shown in the Revised SCHEDULE "I", be it more or less than the sum e 5 e 71720 of $413,203.15, upon execution and approval of this agreement and upon receipt of a request from the state for such advancement of funds. section B. Final Payment bv the City Upon completion and acceptance of the contract construction and upon computation of the final amount due the state's contractor, the state shall prepare a Final SCHEDULE "I" based on final quantities of city cost participation construction performed, and shall submit a copy to the city. If the final cost of the City participation covered under this agreement exceeds the amount of funds advanced by the City, the city shall, upon receipt of a request from the State, promptly pay the difference to the State without interest. If the final cost of the City participation covered under this agreement is less than the amount of funds advanced by the City, the State shall promptly return the balance to the City without interest. e Pursuant to Minnesota statute section 15.415, the state waives claim for any amounts less than $2.00 over the amount of City funds , previously advanced to the state, and the City waives claim for the return of any amounts less than $2.00 of those funds advanced by the City. Section C. AcceDtance of city's Cost and ComDleted Construction The computation by the State of the amount due from the City shall be final, binding and conclusive. Acceptance by the State of the completed contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. e ARTICLE V - GENERAL PROVISIONS section A. Plan Chanaes The City may request changes in the plans. If the state determines that the requested plan changes are necessary and/or desirable, the state will cause those plan changes to be made. 6 e e e 71720 Section B. Maintenance by the City Upon satisfactory completion of the Trunk Highway No. 10 East Frontage Road construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadway and all of the facilities a part thereof, without cost or expense to the state. Maintenance shall include, but not be limited to, snow and debris removal, resurfacing and/or seal coating and any other maintenance activities necessary to perpetuate the roadway in a safe and usable condition. Upon satisfactory completion of the concrete walk construction to be performed between the Trunk Highway No. 10 East Frontage Road and Retaining Wall A within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the concrete walk without cost or expense to the state. section C. Additional Drainaqe Neither party to this agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the state's Division Hydraulics Engineer at Golden Valley and is made a part hereof by reference with the same force and effect as though fully set forth herein. Section D. Future Res~onsibilities upon satisfactory completion of the Trunk Highway No. 10 East Frontage Road construction to be performed within the corporate City limits under the construction contract, the City shall thereafter accept full and total responsibility and all Obligations and 7 e 71720 liabilities arising out of or by reason of the use, operation, maintenance, repair and/or reconstruction of said frontage road and all of the facilitites a part thereof constructed hereunder, without cost or expense to the state. e Section E. Release and Conveyance of Roadwavs The state shall, upon satisfactory completion of the Trunk Highway No. 10 East Frontage Road construction and all of the facilities a part thereof constructed within the corporate City limits under the construction contract, serve upon the City a "Notice of Release" placing that roadway portion from Westbound Trunk Highway No. 10 Engineer station 148+00 to Westbound Trunk Highway No. 10 Engineer station 161+00 under the jurisdiction of the city; and subsequent thereto, after all necessary and required documents have been prepared and processed, the state shall convey to the city all right, title and interest of the state in that roadway portion. Upon receipt of that "Notice of Release", the City shall become the road authority responsible for the roadway portion so released. section F. Examination of Books. Records. Etc. As provided by Minnesota statute section 16B.06, subdivision 4, the books, records, documents, and accounting procedures and practices of the state and the city relevant to this agreement are subject to examination by the state and the City, and either the legislative auditor or the state auditor as appropriate. e section G. Claims All employees of the state and all other persons employed by the state in the performance of contract construction and/or construction engineering covered under this agreement shall not be considered employees of the City. All claims that arise under the Worker's Compensation Act of the state of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction and/or construction engineering 8 e e e 71720 covered under this agreement shall in no way be the obligation or responsibility of the city. All employees of the City and all other persons employed by the City in the performance of maintenance covered under this agreement shall not be considered employees of the state. All claims that arise under the Worker's Compensation Act of the state of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on maintenance covered under this agreement shall in no way be the obligation or responsibility of the state. Section H. Nondiscrimination The provisions of Minnesota statute section 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. section I. Aqreement Aporoval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of state and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. 9 71720 4It IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION Recommended for approval: By. ~ J? ~ Z--;<3-9i 015 ~ Director ~. preLLetting Services Section By Division Engineer Approved: 4It By State Design Engineer Date (Date of Agreement) OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By Assistant Attorney General e 10 CITY OF ELK RIVER By Mayor Date By City Administrator Date DEPARTMENT OF ADMINISTRATION Approved: By (Authorized Signature) Date DEPARTMENT OF FINANCE Approved: By (Authorized Signature) Date e e e .., 0\ 0\ ..... . ..... ~ z 0 H Itl 8 ::s < ~ PI .0 H Q) U ..... .., III rz.. H III \0 ..... ~ . . . 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( )j flk MEMORANDUM DATE: MAYOR & CITY COUNC~~/ PAT KLAERS, CITY AD~RATOR MARCH 3, 1994 TO: FROM: SUBJECT: STORM SEWER FUNDS e Attached are the preliminary surface water management fee revenue estimates and the status of the storm sewer fund that were reviewed by the City Council at the 2/21/94 CIP meeting. It should be noted that on the storm sewer fund page, the Main and Evans cost shown is low and this page does not include this highway pipes expenditure of $413,000 or the cost of the culvert that needs to be improved at the railroad crossing in order to get water to the 72 inch pipe. Accordingly, if all the known projects take place in 1994, the City will have a fund that is approximately 1.4 to $1.5 million in debt before any revenues are received. If the City collects nearly $250,000 per year, the cost of the improvements identified to be completed before the end of 1994 will be paid off around 2002. This excludes any additional storm drainage improvements that may become necessary in the next eight years. - P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 e e e PROJECT Westwood Fresno Master Storm Plan Various Drainage Repairs ~, STORM SEWER FUND Unfunded Costs Incurred To Date PROPOSED PROJECTS Deerfield III Schulz/Deschenes Main & Evans Projects To Be Funded TOTAL STORM SEWER COSTS CURRENT REVENUES AVAILABLE IN STORM SEWER FUND For Debt Service For Project Costs TOTAL FUNDS A V AILABLE FUND SURPLUS (SHORTFALl) Revenue sources need to be identified before authorizing additional storm sewer projects. Finance Dept 1117/94 2: 1 9 PM ~ ~ Xlt\~ H t 7 ~ w ~1 x- ;h' 5 ~ ! /-1001 o1rO f IOo)()oO ----- COST 115,033.99 72,935.28 31,966.83 6,323.92 226,260.02 ..;..- -...... 150,000.00 400,000.00 <. 125,000.00 +- 106) 0" c 675,000.00 901,260.02 (901,260.02) o o o e ~., , I",. r:f\J \J~~\. 1\' " 'f". l". t \,,<, '" t'" ~, " .,.... '_'4. 'i -.. """ r-"....... ..~L. 't. \ '; !;\ - ff, .~ j......... ~ 1.., ..' aV. . - / ,....' \1 \_ ~ t 1J \; i . ." 1. y.- ',"'" '-', \~- '. SURFACE WATER MANAGEMENT ~t\ (,..,j · Townhome Annual Fee * A B 3,200 Lots $38,400 $64,000 ? ? ? ? ? ? 165 AC 16,500 26,400 190 AC 7,600 15,200 225 AC 9,000 18,000 1. Developed Property .. Single Family Lots · Apartment Units · CommercialJIndustrial · School Property · City/County 2. Undeveloped Property A. Urban Service Area B. 2112 Acre Zone 2,200 AC 26,400 52,800 8,900 AC 35,600 71,200 6,400 AC -0- -0- 2,600 AC ..0- -0- ANNUAL FEE TOTAL I $133,500 $247,600 ':/... e C. Northerly Portion of City D. Gravel Mining * Potential Fees A B Single Family Lots $3/Unit/ Quarter $5/U nit/Quarter Commercial/Industrial $25/ AC/Quarter $40/ AC/Quarter School Property $10/ AC/ Quarter $20/ AC/Quarter City/County Property $10/AC/Quarter $20/AC/Quarter Undeveloped Property . Urban Service Area $3/ AC/Quarter $6/ AC/Quarter . 21/z Acre Zone $1/ AC/Quarter $2/ AC/Quarter . Northerly Portion -0- -0- . Gravel Mining -0- -0- . 069-2104.feb 230-069-70 A.( -'\( ( ;; rIk River MEMORANDUM TO: MAYOR & CITY COUNCIL PAT KLAERS, CITY AD~~TOR MARCH 4, 1994 \I 'jY FROM: DATE: SUBJECT: MNDOT DRAINAGE PLANS MAP Two maps are attached for your review. The fIrst map shows a larger area of the Highway 10 and 169 intersection and some of the work that is being proposed. The second map is a section of the fIrst map and shows the drainage pipes that the City has requested from MnDOT. e This will be difficult to accomplish, but I will try to describe the project (and sequence of events) by using the numbers shown on the map. Dave Nyberg from Maier Stewart and Associates will be at our meeting to further explain the situation. · The 72 inch pipe begins at number 5260 and goes to number 5262 and again to number 5263 and into the drainage pond. · Originally this 72 inch pipe was requested to be hooked up to an existing 60 inch pipe that goes from 5253 to 5254 and into the pond. · MnDOT has an existing 36 inch pipe that goes from 5250 to 5251 and an existing 48 inch pipe that goes from 5251 to 5253 which flows into the 60 inch pipe listed above. · When the City requested its proposed 72 inch pipe to flow into the existing 60 inch pipe at 5253, MnDOT indicated that this plan would require them to reconstruct some pipe for additional capacity between 5250 and 5254. · When MnDOT indicated that it would need to reconstruct some pipe, the City stated that it also has some drainage needs on this side of the road and that it would want to further increase the reconstructed pipe size to accommodate our City needs. e P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 e · When the final design was approved by MnDOT, it showed the 72 inch pipe starting at 5260 not flowing into the existing 60 inch culvert at 5253, but flowing directly into the pond and being a separate drainage system. . Once this design decision had been made, MnDOT further indicated that it had no need to do any drainage improvements between 5250 and 5254. . However, the City did have some drainage improvements that still needed to be done between 5250 and 5253 in order to accommodate our drainage flow from the Main and Evans project. . In this regard, the City is proposing to replace all of the pipe between 5250 and 5253 to be a new 60 inch pipe to accommodate our drainage needs. Again, there is an existing 60 inch pipe between 5253 and 5254 that this City 60 inch pipe would flow into. . Of all the water that flows into 5250, it is estimated that the City is responsible for about 64% of this water and the MnDOT roadway system is responsible for about 36% of the water. e . Of all the water flowing into the 72 inch pipe at 5260, it is estimated that about 93% of this water comes from the City and about 7% comes from the MnDOT roadway. MnDOT works with only one drainage percentage on its projects and when you combine all of the water from the City flowing into these pipes versus all of the water flowing from the MnDOT roadway into these pipes, it is calculated that 84% of the water is generated by the City and, therefore, this is the percentage of the project that the City is being asked to finance. When the MnDOT Agreement was originally submitted, I raised a number of questions regarding the appropriateness of this 60 inch pipe part of the project and the City paying 84% of this amount. 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