HomeMy WebLinkAbout5G MNDOT Limited Use Permit TH 13 / 150th St O4 YRI3
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u 4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 26, 2015
AGENDA#: 5G
PREPARED BY: LARRY POPPLER, CITY ENGINEER/ INSPECTIONS DIRECTOR
PRESENTED BY: LARRY POPPLER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A LIMITED USE
PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPOR-
TATION AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXE-
CUTE THE DOCUMENT FOR THE TH 13/150TH STREET IMPROVEMENT PRO-
JECT, CITY PROJECT#TRN 15-000001
DISCUSSION: Introduction
The City Council is being asked to authorize a limited use permit with the State of
Minnesota Department of Transportation for the TH13/150th Street Improvements.
This permit is necessary in order to construct, operate and maintain the proposed
pedestrian facilities in State right-of-way.
History
In response to concerns regarding safety at the TH 13/150'h Street Intersection the
Cities of Prior Lake and Savage initiated a joint intersection improvement study in
2007 with the final report date of February 12, 2010. This study area includes TH 13
between 152nd Street and Rustic Road.
Once the study was complete an Intersection Control Evaluation (ICE)was prepared
and a concept layout was approved and each agency began programming the pro-
ject in their respective Capital Improvement Plans. The original concept layout pro-
vided a % un-signalized access at 150th Street, right in / right out access at Zinran,
and a pedestrian underpass. Ultimately each agency settled on 2015 for construc-
tion.
Since the original study was commenced, a number of things have changed in the
traffic intensity and patterns in the study area:
1. Construction of Aspen Academy Charter School at the intersection of Zinran
and TH 13.
2. Residential Development along 150th Street just east of TH 13 adding addi-
tional traffic.
3. Increase in traffic to and from the High School.
In 2014, a feasibility report was prepared and included several alternatives for this
project. Two alternatives were debated in September. Ultimately, on consecutive
nights September 15 and 16, 2014 the Savage and Prior Lake City Councils se-
lected Concept 5B along with a Cost Sharing Agreement for the project. Concept
5B builds a signal system at 150th Street.
On May 8, 2015, the final construction documents for the TH 13/150th Street Im-
provements were submitted to the Minnesota Department of Transportation
(Mn/DOT). It is expected that these plans will be forwarded to Mn/DOT's Central
Office this week for final signatures, and preparation of the cooperative agreement
for this project. Mn/DOT estimates that it will take about four weeks to route the
plans for signature and to prepare the agreement. Given this time estimate, ad-
vertisement for bids will start on June 18, 2015 with a bid opening of July 7, 2015.
It is anticipated that the City Council will review the bids for concurrence of award
on July 13, 2015. With this estimated timeline, construction would begin in late
July or early August.
Current Circumstances
The limited use permit is required because the trail and sidewalk, which will be
maintained by the City, extends into Mn/DOT right-of-way. The City of Savage
has already approved a limited use permit for their facilities. This action authorizes
the limited use permit; the actual Limited Use Permit document will then be pre-
pared by Mn/DOT. Additional information on limited use permits is available from
Mn/DOT's Maintenance Manual and Right of Way Manual and is attached along
with a map showing pedestrian facilities in the vicinity of the intersection.
Conclusion
Staff recommends approval of the limited use permit as shown in the attached res-
olution.
ISSUES: The limited use permit is a standard document which was anticipated with this pro-
ject. Mn/DOT requires the limited use permit due to trail and sidewalk located
within Mn/DOT right of way. If the project were to be abandoned for some reason
the limited use agreement would become moot.
FINANCIAL The pedestrian facilities will be maintained by the City similar to other trails and
IMPACT: sidewalks in the City. No unusual fiscal impact is expected for this trail and side-
walk maintenance.
The 150th Street/TH 13 project is proposed to be financed by Tax Levy, Municipal
State Aid, Street Oversize Fund, Water Fund, Sewer Fund, Water Quality Fund,
City of Savage, and MNDOT. Once bids are received, a final funding source table
will be created.
ALTERNATIVES: 1. Consider Approval of a Resolution Approving a Limited Use Permit with the
State of Minnesota Department of Transportation for the TH13/150th Street Im-
provements, City Project No. TRN15-000001 and authorizing the execution of
same as part of the consent agenda.
2. Deny this item for a specific reason and provide staff with direction.
3. Table this item until some date in the future.
RECOMMENDED A motion and a second for approval of Alternative#1
MOTION:
O1 PRIO
0 en
/ 4646 Dakota Street SE
4szMvssoit* Prior Lake,MN 55372
RESOLUTION 15-xxx
AUTHORIZING A LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR PEDESTRIAN FACILITIES WITHIN THE RIGHT OF WAY OF HIGHWAY 13
FOR THE TH 131150TH STREET IMPROVEMENT PROJECT,
CITY PROJECT TRN15.000001, SAP 201-105-008
Motion By: Second By:
WHEREAS, The City of Prior Lake, City of Savage and MNDOT have planned the improvement on Trunk
Highway 13 at 150th Street; and
WHEREAS, The City has approved the construction of a pedestrian trail and sidewalk in the right-of-way of
Trunk Highway 13 with the TH 13 and 150th Street project to promote orderly and safe
crossing of the highway; and
WHEREAS, The State of Minnesota, Department of Transportation requires a Limited Use Permit for the
construction and utilization of pedestrian trails and sidewalks.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council of the City of Prior Lake hereby enters into a Limited Use Permit with the State of
Minnesota, Department of Transportation to construct, operate, and maintain a pedestrian trail and
sidewalk within the right-of-way of Trunk Highway 13 of the State of Minnesota at 150th Street.
3. The mayor and city manager are hereby authorized to execute said agreement.
4. The City of Prior Lake shall construct, operate and maintain said trail and sidewalk in accordance with
the Limited Use Permit granted by the Minnesota Department of Transportation.
PASSED AND ADOPTED THIS 26TH DAY OF MAY 2015.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ❑ ❑ E ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Abstain E 0 0 0 ❑
Absent 0 0 0 ❑ ❑
Frank Boyles, City Manager
2010 RIGHT OF WAY MANUAL 810.1
SPECIAL PROCEDURES(5-491.800)
LIMITED USE PERMITS(5-491.810)
810.1 POLICY
A. AUTHORITY
Minnesota Statutes,Section 161.434,gives the Commissioner of Transportation authority to issue permits for
the limited use of highway right of way;
161.434 INTERSTATE AND TRUNKHIGHWAYRIGHTS-OF-WAY;LIMITED USE.
The Commissioner may also make such arrangements and agreements as the Commissioner
deems necessary in the public interest for the limited use of land owned as interstate or trunk
highway right-of-way,which use shall be for highway purposes,including aesthetic purposes,
but not including the erection of permanent buildings,except buildings or structures erected for
the propose of providing information to travelers through commercial and public service
advertising pursuant tojmnchise agreements as provided in sections 160.276 to 160.278. The
Commissioner shall secure the approval of the appropriate federal agency where such
approval is required.
B. TRANSPORTATION DISTRICT ENGINEER
The granting of a limited use permit is discretionary with the Transportation District Engineer. The
Transportation District Engineer will decide whether the proposed use is"in the public interest"and is"for
highway purposes,"and,additionally,whether the proposed use is such that Mn/DOT should accommodate it
by issuing a limited use permit.
C. USE OF LIMITED USE PERMITS
This Chapter applies to preparation and execution of limited use permits by the Office of Land Management.
It does not apply to the various construction,maintenance,and utility installation permits which are regularly
issued by District Maintenance Operations. These District Office permits typically have a term only long
enough for the permit grantee to accomplish the specific work or activity on the right of way.
A prior requirement in the Minnesota Statutes 161.434 of allowing a permit to only a"governmental
authority,political subdivision,or public agency"was removed by the Legislature. However the practice of
the Office of Land Management has been to issue these permits on the right of way to only governmental
bodies to avoid private parties competing for them,to receive some degree of financial security in the form
of hold harmless clauses and to further our"partnering"effort with the local public agencies.
While Minnesota Statutes 161.434 pertains to surface usage,161.433 allows limited use permits to be issued
for use of highway airspace or subsurface. Structures may be erected. Consideration is required. This
section may be used for pedestrian bridges.
810.2 FHWA INVOLVEMENT
A. ENVIRONMENTAL REQUIREMENTS
The National Environmeatal Policies Act(NEPA)requires that environmental consequences be evaluated
whenever a Federal approval is required.
2010 RIGHT OF WAY MANUAL 810.3
For reconveyances,temporary use permits,and access control changes,which have little or no impact on the
environment,this was satisfied by the Programmatic Environmental Assessment(EA)prepared by Mn/DOT
and the Finding of No Significant Impact(FONSI)issued by FHWA on May 18,1984. "Little or no impact
on the environment"means the proposed action will not affect an environmentally sensitive area,such as a
wetland,floodplain,archeological or historical site,or critical habitat for rare or threatened and endangered
species. By issuing the FONSI,the FHWA has detemrined,in advance,that these types of actions will not
significantly impact the environment. For actions which¢y involve environmentally sensitive areas,and
therefore do not fall under the above-mentioned EA and FONSI,an environmental analysis must be made of
the proposed action by Mn/DOT and concurred in by FHWA. Environmental analysis approval by the
FHWA applies to projects on the entire trunk highway system.
B. APPROVAL OF LIMITED USE PERMIT
The Transportation Equity Act for the 21"Century 1998(TEA-21)allows FHWA approval actions to be
delegated to Mn/DOT. Under this program,FHWA has delegated to Mn/DOT approval action for limited
use permits on Federal-aid highways otherlhen interstate highways on the National Highway System.
C. CORRESPONDENCE WITH FHWA
FHWA approval is needed for Mn/DOT action in the following categories:
• Limited use permits on interstate highways on the National Highway System.
• Limited use permits which do not fall within the 1984 FONSI(e.g.,the proposed action is
environmentally sensitive). An environmental analysis must be made by Mn/DOT,and
FHWA concurrence in the environmental analysis is required.
810.3 PROCEDURE
Transportation District Engineer
I. Ascertains need for issuance of Limited Use Permit
2. Obtains necessary information and prepares permit in rough draft for transmittal to Director,Office
of Land Management for review prior to execution. The permit formats are prepared by the Central
Office.
3. The District Transportation Engineer's letter to the Director must contain the following infomiatioa.
a. The issuance of the Limited Use Permit will result in no increased hazard to the safety and
convenience of the traveling public;and,the use of such permit will not adversely affect the
highway facility or the traffic thereon.
b. The issuance of the Limited Use Permit will not substantially lessen the beauty of the area as
seen by the highway motorist.
c. The issuance of the Limited Use Permit will not result in increased noise to adjacent noise-
sensitive areas.
d. Traffic will be maintained and protected in conformance with the National Manual on
Uniform Traffic Control Devices(MUTCD). Ey
Iq
2010 RIGHT OF WAY MANUAL 810.3(21
e. The issuance of the Limited Use Permit will not affect lands given special protection under
laws outside Title 23,such as wetlands,flood plains,sites on or eligible for the"National
Register of Historic Places,'critical habitat,etc. If approval of the permit would impact
such lands,required actions will be taken and the permit submitted to FIIWA approval.
f. Maps showing the permit arm and surroundings,
g. Background information and copies of letters,etc.,which would aid in understanding the
setting for the proposed limited use permit.
h. An affirmative statement that the proposed action falls under the 1984 FONSI.If it does not,
an environmental analysis prepared for the proposed action must be included.
4. Reviews and recommends approval of the permit and obtains the signatures of the Permittee,
including a certified resolution authorizing the governmental body to enter into the limited use
permit and authorizing the specific officers to execute it. District Office returns those three copies to
Office of Land Management.
Legal and Property Management Unit
5. Reviews permit and obtains FHWA approval if required.
g. Director,Office of Land Management reviews,executes and forwards two copies of the permit to
District Engineer.
7. Retains one signed copy for Office of Land Management files.
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