1q. Approve Non-Encroachment Agreement with MnDOT for Federally Funded Highway Improvement Project 93-25t
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Charles Folch, Director of Public Works /City Engineer 0
DATE: September 6, 1994
Action by City AdmittWatdt
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' SUBJ: Approve a Non - Encroachment Agreement with MnDOT for Federally Funded
Highway Improvement Projects - Project No. 93- 25/PW067M
' Staff has recently been contacted by MnDOT' concerning a request to enter into a non -
encroachment agreement for roads and highways which would receive federal (ISTEA) funds for
reconstruction or improvement projects. The non - encroachment agreement basically covers four
areas; 1) It requires that all signs and traffic control devices on any roadway receiving federal
aid shall conform with the Minnesota Manual on Uniform Traffic Control Devices, 2) All signs,
' billboards, posters, or any other obstruction, etc. other than utilities of public interest, shall be
prohibited from the right -of -way limits .of the roadway, 3) The speed limit on any federal -aid
project shall not be less than 30 m.p.h., 4) With the exception of parallel parking, all parking
shall be prohibited on any project financed in whole or in part with federal funds.
The expedient approval of this non- encroachment agreement is timely as it will be required as
' a part of the federal funding commitment for the pedestrian overpass bridge on Trunk Highway
5. It is important to note that these requirements will also. have to be met on all municipal state
aid funded streets„ within the City, particularly in terms of signage and speed. The requirements
set forth in the nori- encroachment agreement are believed to be beneficial in ternwof safety and
maintaining standards. Therefore it is recommended that the City Council aplirove by resolution
the attached non - encroachment agreement .between the .City . and the State for federally funded
highway improvement projects. W"
' jms
Attachments: 1. Non - Encroachment Agreement.
' 2. Letter from MnDOT dated August 24, 1994.
g:\eng\char1es\cc\mndot.agr
., Mn /DOT 30721A (12 -79)
WHEREAS, the Federal Highway Administration as a condition to
the use of Federal funds on approved Federal Aid Projects requires the
agreement of the Municipality to control road signs, traffic control de-
vices, advertising signs, miscellaneous installations, speed and parking.
NOW, THEREFORE, THE Municipality in consideration of the ex-
penditure and use of Federal funds for the construction, reconstruction
or improvement of any Federal Aid Street or Highway within the limits of
the Municipality agrees with the State as follows:
(1) No signs, traffic control devices or other protective de-
vices shall be erected on any Federal -Aid project within the Municipality
limits except as shall conform with the current Manual on Uniform Traffic
Control Devices for Streets and Highways of the State of Minnesota.
(2) All right- of-way within the limits of the Municipality on
any Federal -Aid project shall be held and maintained inviolate as a pub-
- 1 -
AGREEMENT BETWEEN MUNICIPALITY AND
STATE FOR FEDERAL -AID HIGHWAY IMPROVEMENT
THIS AGREEMENT made by the City of
,
'
Minnesota, hereinafter called the "Municipality" with the State of Minn-
esota, hereinafter called the "State ", WITNESSETH:
WHEREAS, the United States Government, through the Federal
Highway Administration of the U. S. Department of Transportation does
apportion Federal funds for the construction, reconstruction and improve-
'
ment of highway projects on approved systems of public roads, and
WHEREAS, said approved systems within the limits of a Munici-
or
pality are now may be eligible for the participation of these Federal
funds in their improvement or construction, and
WHEREAS, the Federal Highway Administration as a condition to
the use of Federal funds on approved Federal Aid Projects requires the
agreement of the Municipality to control road signs, traffic control de-
vices, advertising signs, miscellaneous installations, speed and parking.
NOW, THEREFORE, THE Municipality in consideration of the ex-
penditure and use of Federal funds for the construction, reconstruction
or improvement of any Federal Aid Street or Highway within the limits of
the Municipality agrees with the State as follows:
(1) No signs, traffic control devices or other protective de-
vices shall be erected on any Federal -Aid project within the Municipality
limits except as shall conform with the current Manual on Uniform Traffic
Control Devices for Streets and Highways of the State of Minnesota.
(2) All right- of-way within the limits of the Municipality on
any Federal -Aid project shall be held and maintained inviolate as a pub-
- 1 -
I
lic highway and no posters, billboards, roadside stands, curb pumps, curb
service devices or other private_installations other than utilities of r.
public interest and no signs, other than traffic control or protective de- '
•:ices shall be permitted within the right -of -way limits of the projects.
The Municipality will with respect to such items as are within its juris-
diction which may be or cause an obstruction or interfere with the free
flow of traffic or which may be or cause a hazard to traffic, or which
may vitiate the usefulness of the project, shall remove or cause removal
'
of the same at the request of either the State or the Federal Highway
Administrator.
,
(3) The speed limits on any Federal -Aid project shall be not
less than 30 miles Per hour
,
(4) The Municipality shall by ordinance and continued enforce -
'
ment prohibit all types of parking except parallel parking on any project
financed in whole or in part with Federal funds. The City agrees that
,
the State may enforce the provision by an action for specific performance,
mandamus, or other appropriate remedy and by withholding any funds due the
Municipality in possession of the State.
Dated this day of 19
CITY OF
RECOMMENDED FOR APPROVAL BY
Mayor
Attest:
'
State Aid Engineer Date City Clerk
APPROVED AS TO FORM AND EXECUTION STATE OF MINNESOTA
B y
of Transportation
' Commissioner
DATE DATE
(Submit in Duplicate) - 2 - (SEAL)
At a duly authorized meeting of the City of
County of State.of Minnesota, the following resolution
' was moved and aopted.
RESOLUTION
' BE IT RESOLVED, that the City of as a
condition of the receipt of Federal funds for the construction, recon-
struction or improvement of any Federal Aid Street or Highway within the
' City enter into an agreement with the State, a copy of which is attached
hereto and made a part hereof:
' BE IT FURTHER RESOLVED, that the Mayor and Clerk be and they
hereby are authorized to execute said Agreement for and on behalf of the
City.
I (SEAL)
I�
i �
- 3 -
City Clerk
CERTIFICATION
I HEREBY CERTIFY that the foregoing
Resolution is
a true and
'
correct copy of a resolution
presented to and
adopted by the
City of
, County
of
, State of
Minnesota,
'
at a duly authorized meeting
thereof held in
the City of
'
Minnesota, on the
day of
, 19
as disclosed
by the records of said City on file and of record in my office.
I (SEAL)
I�
i �
- 3 -
City Clerk
a ,�NNESO T �
O
1 6 ,
F
OF
August 24, 1994
Minnesota Department of Transportation
Transportation Building, St. Paul, MN 55155
Charles D. Folch
Chanhassen City Engineer
690 Coulter Drive
Box 147
Chanhassen, Minnesota 55317
RE: Nonencroachment Agreement
S.P. 194 - 090 -02
CITY OF CHANHASSEN
Dear Mr. Folch:
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Please find enclosed two copies of a Nonencroachment Agreement
which must be executed by the City of Chanhassen. It is
requested at this time because the above named project will be
scheduled for a letting in the near future. We must have an
executed agreement on file to award a federal aid project
contract.
This agreement is intended to cover all federal aid projects
constructed within the corporate limits of the City of
Chanhassen.
Please arrange for the execution of the agreement by the city
officials. It will also be necessary for the city council to
pass a resolution authorizing the signature of the Chairman and
the Clerk to the Nonencroachment Agreement.
Please return both copies of the agreement with a certified
resolution to this office. We will return one fully executed
agreement for your files.
Sincere , a t
dberg V
Federal -aid Plan Review 1904
Specialist
Wv
Enclosures: = RU DEPT.
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Nonencroachment Agreements
cc: Bob Brown, DSAE, Metro Division
File - 420
An Equal Opportunity Employer
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