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Home My WebLink About5.C.2. Encroachment Agreement with Xcel Energy for Aquatic Park Building S.C.2. CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council CONSENT Mark McNeill, City Administrator From: Mark Themig, Parks, Recreation, and Facilities Director Meeting Date: March 6, 2007 Subject: Encroachment Agreement with Xcel Energy for Aquatic Park Building INTRODUCTION This agenda item seeks approval of approval of an encroachment agreement with Xcel Energy for the Aquatic Park Building project. DISCUSSION As part of the Aquatic Park Building project, we needed to secure an encroachment agreement with Xcel Energy for the reconstruction of the building. Both the old building and the new building are located within Xcel Energy's easement for the high-voltage transmission lines. Xcel had no objection to the building and has prepared the attached agreement that allows the building within the easement, much like the old building, Two conditions in the agreement that we will be addressing are: 1. Stockpiling within the Easement: Currently there is a pile of fill material within the easement. We will be directing the contractor to move this. 2, Landscaping Plan Approval: Landscaping was not part of the current contract and is planned to be handled as one of the previously described project additions (outside of the contract). We will be submitting the plans to Xcel for review later this spring. RELATIONSHIP TO VISION F. Housekeeping Item REQUESTED ACTION If City Council concurs, move to authorize an encroachment agreement with Xcel Energy for the Aquatic Park Building. Il XcelEnergy NORTHERN STATES POWER 414 NICOLLET MALL, MP-8 MINNEAPOLIS, MN 55401 February 27, 2007 I MN Dept. of Cons. Permit I Mark Themig Emailed City of Shakopee mthemig@ci.shakopee.mn.us Shakopee, MN ENCROACHMENT REQUEST Project: Rebuild of the Shako Dee Aauatic Center Line 0900 SWl/4 NWl/4, Sec. 12, T1l5, R23, Scott County File: 2006.660 Dear Andy; Please be advised that this Encroachment A2reement is not effective until si2ned and returned to Xcel Ener2V within 30 davs of the date of this letter, after that ueriod it is NULL and VOID. Our Transmission Engineers have reviewed the Rebuild of the Shakovee Aauatic Center encroachment request submitted December 4,2006. The encroachment is (is NOT - If Denied, fill in DENIED paragraph below - ((and must be resubmitted as per the enclosed requirements if you are to proceed.)) acceptable to Xcel Energy by adhering to the following: SCOPE OF PROJECT. This project consists of rebuilding the existing Aquatic Center approximately 30' closer to the centerline of line 0900 between structures 405 and 406, The proposed building is approximately 46' SW and 258'NW from the closest tower leg to the closest building comer, as shown on the attache drawing titled "Electrical Site Demolition Plan Sheet EO.!, dated August 16, 2006 (see Exhibit "A" attached hereto and made a part hereof.). (1) Excavation close to structure location. A minimum distance of 20 feet of supported earth must be maintained from any part of the line structure. Support of the ground beyond the 20 feet may be provided by a slope no greater than three feet horizontal to one foot vertical. Support may also be provided by the use of cribbing, sheet piling, retaining wall or tunneling. The specific plan for providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval. Page 1 of8 Page2of8 2/27/2007 (2) Grade change around structure location. Fill around or above steel structure foundations is not permitted, The grade around the structures must provide for surface water runoff - no surface water ponding around structures will be permitted, Any cost related to the adjustment ofXcel Energy's facilities will be at the requestor's expense. (3) Grade change within easement. The ground elevation within the easement shall not be increased above the existing grade. Stockpiling of soil and/or material within the easement will not be permitted. (4) Clearances to equipment and workers. A working clearance of 25 feet between the electrical conductors and any cranes or digging equipment used in or near the easement, and a clearance of 25 feet to the physical proximity of workers must be maintained at all times. In addition, any construction near the transmission line(s) shall comply with all OSHA Safety Clearances. If this clearance cannot be maintained, the contractor or developer must arrange for a line outage by calling XceI Energy's System Control department (Steve Rollin 612/330-2875), At least two weeks advanced notice must be provided in order to schedule a line outage, if an outage is available, There is a fee of approximately $350.00 per day, per outage, for this service. This fee must be paid prior to outage. The preceding two paragraph(s) must be included in a prominent location on the plan sets and specifications given to contractors. (5) Landscaping within the easement. Detailed plans for landscaping (including light standards) must be submitted to Xcel Energy for review and approval. Generally shorter varieties of trees and shrubs, 15 feet or less mature height, may be considered. If planting is permitted, the line's voltage and the tree's mature height and the distance from the line must be considered. For maintenance purposes there shall be no planting within 15 feet of structure sites. (6) Building on easements. A) There shall be no permanent or temporary building allowed except as shown on Exhibit A attached hereto, (7) Fuel and refueling on easements. There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement. (8) Streetlights and signs on easements. If there are to be streetlights, signboards, identification signs or any other type of non-building structure within the easement, detailed plans must be submitted to XceI Energy for review and approval to verify compliance with electrical code clearances. Metallic structures must be properly grounded. The same working clearance criteria as stated in paragraph five (5) also applies, for equipment used to erect and install light standards, sign boards, etc. Page 3 of 8 2/27/2007 (9) Fences on easements. If the easement area is fenced, gates must be installed to provide access to Xcel Energy for maintenance purposes, Chain link or other types of fences using metal material and constructed on or near an Xcel Energy easement should be properly grounded. (10) Structure protection. Where streets, parking lots or other areas are developed which expose transmission structures to vehicular traffic, steel post or guardrail type barricades must be installed in accordance with Xcel Energy specifications. In some cases, curbing will provide adequate protection It is the express condition of this consent that all other terms and conditions of that certain easement granted by Pole Line Permit on September 28, 1951 shall remain in full force and effect. A copy of the signed Encroachment Agreement shall be kept on site, available for review by Xcel Energy representatives, until all construction and site restoration has been completed. To acknowledge receipt of and agreement with the terms of this consent, prior to the commencement of any activities, please sign this letter and return it to me by fax. Fax signatures are accepted to expedite this process. If this signed agreement is not received back within 30 days of the date of this agreement, it will be presumed that you are not in agreement with its content and this agreement will be considered null and void, the file will be closed, your request will need to be resubmitted and the City or County Zoning Office will be notified of our action. Any changes to this original agreement shall make this agreement null and void unless initialed by both parties. Page4of8 2/27/2007 Thank you for your courtesy and cooperation. Sincerely, ~ Edwin O. Trapp ACCEPTED: Sf. Right-of-Way Agent Siting and Land Rights Dept. 612-330-6956 By 1-715-852-5418 (fax) Name: edwin.o.trapp@xcelenergy.com Its cc: Dave Berklund Will Pim /JA-UE NH-52724-92 Str: 405-406 ~! ~ w !; ~ ~!::! 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