HomeMy WebLinkAbout5.B.3. 2007 River District Sanitary Sewer Improvements
S. 8. 3,
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council CONSENT
Mark McNeill, City Administrator
FROM: Jeff Weyandt, Assistant City Engineer
SUBJECT: 2007 River District Sanitary Sewer Improvements
DATE: September 4, 2007
INTRODUCTION:
This agenda item is to authorize appropriate City Officials to sign the license agreement
with the Department of Natural Resources (DNR).
BACKGROUND:
The trunk sanitary sewer the City is replacing is located on land owned by the Minnesota
Department of Natural Resources (DNR). The Department of Natural Resources (DNR)
requires the City to enter into a 50 year license agreement. The cost of the license is
$6,746.00.
ALTERNATIVES:
1. Authorize the appropriate City Officials to sign the license agreement with the
Department of Natural Resources (DNR)
2. Table for additional information.
RECOMMENDATION:
Authorize the appropriate City Officials to sign the license agreement with the
Department of Natural Resources (DNR).
ACTION REQUESTED:
Authorize the appropriate City Officials to sign the license agreement with the
Department of Natural Resources (DNR). *kJ~
Jeff Weyandt, P.E.
Assistant City Engineer
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ENGR/2007PROJECTSlRIVERDISTRICTIWORDIDNR-AGREEMENT
. ... .
Minnesota Department of Natural Resources
Division of Lands and Minerals
1200 WarnerRd
S1. Paul, MN 55106
PHONE: (651) 772-7942
FAX: (651) 772-7977
August 2, 2007
Bruce Loney
City of Shakopee
129 Holmes Street South
Shakopee,~~ 55379-1328
RE: License #144-062-S220
Legal Description:
That part of Gov't Lot ~ of that part of the SW lA NW lA, See 1, TllSN, R23W
That part of Gov't Lot ~ of that part of the SE lA NW lA, See 1, T115N, R23W
That part of Gov't Lot ~ of that part of the SW lA NE lA, See 1, TllSN, R23W
Scott County
Company Project ~o#: N.A.
Dear Licensee:
Enclosed are three copies of the above license for execution by your company. The applications are not
included in this mailing but will be made a part of the license when completed. The license is for a SO
year period commencing on AprillS. 2007 at an advance rental of $6.746.00 which is payable upon
return of this license. As identified on your application, the crossing will be done by NOT LOW impact
sanitary sewer open trenehine: method.
The D~R requires that you comply with certain construction procedures. Any deviation from the project
is NOT authorized.
Please note provision lOB, marker spheres of overhead lines. The type of marker, sphere directed by the
Regional Operations Supervisor is the hirdflight diverter. Licensee is directed to install bird flight
diverters every 10 meters along the top line directly above the protected water for the length of the
crossing.
10. Placement and Marking of Lines:
A. In over crossings of public waters, lines shall have a minimum clearance of 25 feet above
extreme high water, unless otherwise approved by the Regional Operations Supervisor.
B. As directed by the Regional Operations Supervisor, marker spheres shall be placed on
overhead utility lines directly above the protected water.
C. Any cable or conduit located at a shoreline shall be sufficiently buried at the shoreline so
as to prevent its becoming exposed during droughts or winter drawdowns.
D. As directed by the Regional Operations Supervisor, underwater crossings shall be
marked by permanent signs on the banks at points where the line enters and leaves the
protected water.
)--...a .
License #144-062-5220
Page 2
Per Provision #15 A-G, Licensee must prepare, reseed, arid mulch disturbed areas with native plant
species. Erosion and sediment control measures shall be installed prior to construction and maintained by
the applicant until vegetation is reestablished:
Provision #15 F - All disturbed areas shall be stabilized as soon as possible following construction.
Topsoil shall be used to re-dress disturbed soil areas, and indigenous plant species s/wuld be used,
whenever possible, to revegetate disturbed areas. This revegetation should occur as early in the
season as possible to permit adequate regrowth.
Provision #15F requires that indigenous (native) plant species be used. The Minnesota Department of
Transportation (MnJDOT) Seeding Manual outlines acceptable mixes according to type, purpose and
maintenance requirements. The website is: www.dot.state.mn.us/environment, Click on "Erosion
Control" then "Seed MixesfTurf Establishment".
Please take special note of Provision #12 and #13 of your license.
Provision #12 -'- Erosion.
A. Erosion control measures shall be adequately designed for site characteristics. They may include
staked hay bales, sediment fences or contouring and shaping. They shall be installed prior to
cCommencement and maintained throughout the project. All erosion control fences next to a water
body shall run parallel to the contours.
B. All disturbed areas shall be stabilized as soon as possible following construction. Topsoil shall
be used to re-dress disturbed soil areas, and indigenous plant species should be used, whenever
possible, to revegetate disturbed areas. This revegetation should occur as early in the season as
possible to permit adequate regrowth.
e. Licensee must request written instructions from the Regional Operations Supervisor for seeding
of the site in the event that the site cannot be stabilized with vegetation before September 15 of
the year of installation.
D. Excavated materials shall not be deposited or stored alongside a protected water in a manner
where the materials can be redeposited into the protected water by reasonably expected high
water or storm run-off.
Provision #12B requires that indigenous (native) plant species be used. The Minnesota Department of
Transportation (MnIDOT) Seeding Manual outlines acceptable mixes according to type, purpose and
maintenance requirements. The website is:
www .dot.state.mn.us/environmentlerosioncontrollseedmixes.html
Provision #13 - Crossing of State Trail.
A. The location of any crossing of a state trail must be approved in advance by the Regional
Operations Supervisor. The Licensee must request written instructions from the Regional
Operations Supervisor as to any construction standards to be followed for the crossing of the
state trail.
B. Utility installation and maintenance activities shall be conducted in a manner so as to minimize
disturbance of state trail use.
e. The Licensee must provide signs to warn state trail users of construction hazards. The Licensee
must install barriers to separate the public from work areas.
D. Underground installations must not damage or destroy the principle root structure of specimen
trees. Prior approval must be obtained from the Area Trails and Waterways Supervisor for the
cutting or trimming of trees within the state trail right-of-way.
E. All trenches, bore pits, and other disturbed ground shall be refilled, compacted and seeded as
directed by the Regional Operations Supervisor.
- .,
License #144-062-5220
Page 2
F. The Licensee is responsible for repairing any damage to the state trail ina manner satisfactory to
the Regional Operations Supervisor.
G. The Licensee shall notify the Area Trails and Waterways Supervisor in advance of its intent to
peiform any installation or maintenance operations within the state trail right-of-way. The Area
Trails and Waterways Supervisor is Dan Breva at (651) 772-7937.
Please have the license forms signed by the proper officials of the company. Return all the license forms
to this office for execution by the State. Within two or three weeks, one license form complete with
application and attachments will be sent to you for your files.
When you return the completed forms, please enclose payment of $6.746.00 made payable to the
Department of Natural Resources. Payment is for the term of the license.
Si'K;lY' '(
MN D~SiO of Lands aod Minerals
1200 Warner Road
St. Paul, MN 55106
(651) 772-7591
Enclosures
cc: Corps of Engineers
Regional File
An EquaJ Opportunity rimploycr Who Values Diversity
DNR Information: 651-296-6157 I -888-646-6367 TrY: 651-296-5484 1-800-657 -3929
~
.'
MINNESOTA DEPARTMENT LICENSE NUMBER #144-062-5220
OF NATURAL RESOURCES APPLY NUMBER ~ TRN 524 LS 00 + 01
COMPANY PROJECT NO: N.A.
LICENSE FOR UTILITY TO CROSS STATE LANDS
This license is issued by the commissioner of natural resources under authority and subject to the limitations in
Minnesota Statutes, section 84.415, and Minnesota Rules Chapter 6135 and other applicable law to the Licensee as
named and for the fee and term as specified below.
Name and Address of Licensee: City of.8hakopee
129 Holmes Street South
Shakopee. MN 55379-1328
"
License Fee: Six Thousand Seven Hundred Fortv-Six Dollars and nol1oo........................... ($6,746.00)
Term (years): 50 years
Effective Date: April 15. 2007
Termination Date: April 14. 2057
Purpose of License:, Construction, maintenance and operation of a sanitarY sewer under lands under the covenants
and agreements of the Licensee to use the following described lands:
That part of Gov't Lot ~ of that part of the SW 114 M!Y. 1.4 in Section 1, Township U5 North, Range 23 West
That part of Gov't Lot~ of that part of the SE 114 NW 1.4, in ,Section 1, Township ill North, Range 23 West
That part of Gov't Lot ~ of that part of the SW 1.4 NE lA, in Section 1, Township 115 North, Range 23 West
all in Scott County as' shown on the attached application and map, all of which are made a part hereof by reference.
This license is granted subject to the following provisions:
1. At the end of the license period and if both parties wish to renew, the renewal fee and time period will be
determined by such methods as are developed by the commissioner of natural resources.
2. This license shall be cancelable upon reasonable notice by the commissioner for violation of any of its terms, or if
at any time its continuance will conflict with a public use of the land over or upon which it is granted, or for any
other reason. Licensee shall ensure that Licensee's employees, agents and contractors have received and
thoroughly understand all conditions of this license.
3. Unless otherwise authorized by the commissioner, upon the surrender, termination or cancellation of this license,
the Licensee shall remove from the above-described lands all the utility lines and related structures owned by it.
If Licensee does not remove such lines or related structures, all such lines or structures remaining shall become
the property of the State, to be used or disposed of as the commiSsioner elects. The Licensee agrees to. pay the
State for the costs of removing and disposing of such lines or structures.
4. The Licensee shall comply with all federal, state and local laws and regulations, including municipal ordinances,
affecting said lands or the area in which they are situated and keep them in a neat and orderly condition, and shall
remove all refuse and debris that may accumulate thereon. No timber or trees shall be cut, used, removed or
destroyed without first paying the commissioner the timber value in the sum stated above as determined by the
commissioner. The project hereunder shall at all times during and after construction be subject to inspection by
the commissioner and for that purpose the Licensee shall grant access to the premises at all reasonable times.
5. The use of these lands by the Licensee in constructing or maintaining the lines for which this license is granted
shall be subject to the use, sale, or leasing for mineral or other legal purposes.
6. This license is subject to the provisions of Minnesota Statutes, section 84.415 and Minnesota Rules Chapter 6135.
All standards of Chapter 6135 are incorporated as terms and conditions of this license, except such variations as
are identified and approved by the commissioner in the license applications, plans and specifications which are
attached and made part of the terms and conditions of this license. The Licensee is bound by the crossing location
and installation method as detailed in the application and approved by the commissioner. The Licensee shall not
deviate from the terms and conditions of this license or the application as approved by the commissioner unless it
has first obtained written permission from the Regional Operations Supervisor.
7. This license is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any
of its officers, agents, or employees, officially or personally, on account of the granting hereof or on account of
any damage to any person or property resulting from any act or omission of the Licensee or any of its agents,
employees, or contractors relating to any matter hereunder. This license shall not be construed as estopping or
limiting any, legal claims or right of action of any person against the Licensee, its agents, employees, or
contractors for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal
claim or right of action of the State against the Licensee, its agents, employees, or contractors, for violation of or
failure to comply with the provisions of the license or applicable provisions of law. The Licensee shall indemnify
and hold harmless the State from all claims arising out of the Licensee's use of the above described lands whether
such claims are asserted by civil action or otherwise.
8. The Licensee shall not without the commissioner's prior written consent: Ii) assign, conveyor otherwise transfer
this license or any interest under it; b) sublet the license corridor or any part thereof; or c) permit the use or
occupancy of the license corridor or any part thereof by anyone other than the Licensee. This license shall extend
to, and bind the successors, heirs, legal representatives and assigns of the Licensee, if any. The commissioner
may require a party who has requested to sublet, use or occupy the license corridor to obtain a separate license
from the State prior to occupying or using the license corridor.
9. No delay by the State in enforcing any of the conditions of this license shall operate as a waiver of any of its
rights.
10. Licensee will pay when due all taxes and assessments levied against said land or the improvements thereon.
11. Herbicides and Pesticides:
A.' The Licensee must request and obtain written permission to apply herbicides or pesticides to state land from
the DNR office with administrative responsibility ("local DNR office") for that legal description, prior to
treatment. This request shall consist of a map and narrative identifying proposed treatment areas, target
species, herbicide or pesticide name, rate of application and a description of application method and date.' All
applications must be according to label regulations and as otherwise specified by the commissioner.
B. The Licensee must submit annual reports detailing herbicide or pesticide application on areas covered under
the license to the local DNRoffice. The report must include at a minimum, the dates, acres, location
expressed as quarter-quarter section, township and range, herbicide or pesticide used and target species.
C. The Licensee shall post all places commonly used by the public for access along the utility corridors treated
with herbicides or pesticides. The Licensee shall notify private landowners when application is made within
300 feet of an agricultural field or within a quarter mile of a residence.
12. Erosion:
A. Erosion control measures shall be adequately designed for site characteristics. They may include staked hay
bales, sediment fences or contouring and shaping. They shall be installed prior to commencement and
maintained throughout the project. All erosion control fences next to a water body shall run parallel to the
contours.
B. All disturbed areas shall be stabilized as soon as possible following construction. Topsoil shall be used to re-
dress disturbed soil areas, and indigenous plant species should be used, whenever possible, to revegetate
disturbed areas. This revegetation should occur as early in the season as possible to permit adequate regrowth.
C. Licensee must request written instructions from the Regional Operations Supervisor for seeding of the site in
the event that the site cannot be stabilized with vegetation before September 15 of the year of installation.
D. Excavated materials shall not be deposited or stored alongside a protected water in a manner where the
materials can be redeposited into the protected water by reasonably expected high water or storm run-off.
13. Crossing of State Trail:
A. The location of any crossing of a state trail must be approved in advance by the Regional Operations
Supervisor. The Licensee must request written instructions from the Regional Operations Supervisor as to any
construction standards to be followed for the crossing of the state trail.
B. Utility installation and maintenance activities shall be conducted in a manner so as to minimize disturbance of
state trail use.
e. The Licensee must provide signs to warn state trail users of construction hazards. The Licensee must install
barriers to separate the public from work areas.
D. Underground installations must not damage or destroy the principle root structure of specimen trees. Prior
approval must be obtained from the Area Trails and Waterways Supervisor for the cutting or trimming of trees
within the state trail right-of-way.
E. All trenches, bore pits, and other disturbed ground shall be refilled, compacted and seeded as directed by the
Regional Operations Supervisor.
F. The Licensee is responsible for repairing any damage to the state trail in a manner satisfactory to the Regional
Operations Supervisor. '
G. The Licensee shall notify.the Area Trails and Waterways Supervisor in advance ofitsintent to perform any
installation or maintenance operations within the state trail right-of-way. The Area Trails and Waterways
Supervisor is Dan Breva at (651) 772-7937.
14. Emergency repairs and replacements may be made without prior notification to the Regional Operations
Supervisor by the Licensee according to conditions and standards prescribed by Minnesota Rules, Chapter 6135
and the method of installation identified in this license. The Licensee shall notify the Regional Operations
Supervisor of this activity as soon as practicable.
15. The Licensee shall contact the Regional Operations Supervisor 10 days prior to installation and within 10 days
following completion of licensed work for compliance inspection.
16. This license is subject to the SPECIAL PROVISIONS attached hereto. (If none, state none). None.
17. the ltegional Operations Supervisor is Paul Purman at DNRLands and Minerals, 1200 Warner Rd, S1. Paul, MN
55106. Phone (651) 772-7942. Any questions about this license shall be directed to the Regional Operations
Supervisor.
ACCEPTED AND ACKNOWLEDGED STATE OF MINNESOTA
City of Shakopee By
Licensee(s) Title: Ree:ional Operations Supervisor
By
Title
By
Title
Form approved by the Office of the Attorney General 01102