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Home My WebLink About2013-03-20 PACKET 04.L.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 3/20/13 . PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR **��*��**�*:��*�*****�*************************** COUNCIL ACTION REQUEST Consider approving a Permit for Underground Utility in City Park Property with CenturyLink, to allow their underground utilities to remain within a 20-foot corridor through Sunny Hill Park. STAFF RECOMMENDATION Approve the Permit for Underground Utility in City Park Property with CenturyLink. BUDGET IMPLICATION $N/A BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS DATE $ N/A N/A ACTUAL AMOUNT FUNDING SOURCE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from Jennifer Levitt dated 3/14/13 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Permit for Underground Utility in City Park Property ADMINISTRATOR'S COMMENTS: Administrator Da e *********************************************�� COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE � MINNESOTA To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: Jennifer M. Levitt, P.E., Community Development Director/City Engineer Date: March 14, 2013 Re: CenturyLink Permit — Pinecliff 5th Addition Background/Discussion In Pinecliff 5th Addition, the existing right-of-way on Ideal Avenue South between 63rd Street South and 60th Street South was vacated. The Ideal Avenue easement vacation, which was part of the Pinecliff 5th Addition final plat, was approved by the City Council on July 18, 2012 (Res. No. 2012-074). The private utilities within the vacated right-of-way were requested to relocate to the new Ideal Avenue South alignment as described in the Pinecliff 5th plat. All private utilities except Century- Link relocated to the new road alignment, as was necessary to facilitate the City's development of Sunny Hill Park. The City did not desire to have the park land encumbered by private utilities. As an alternative to relocating, the City will permit CenturyLink to reside within a 20-foot corridor through Sunny Hill Park, as depicted in the Exhibit. The agreement specifically outlines require- ments and conditions that enable CenturyLink to keep their fiber optic telecommunication lines in place. It should be noted in Permit Conditions 2.f. that CenturyLink at its sole cost must re- move its facilities if there is interFerence with the City's use of the Park for the following reasons: 1) Installation of park improvements within or near the Permit Area; 2) Construction or enlargement of a stormwater management pond in or near the Permit Area; 3) Any activities planned by the City within the Park that would be negatively impacted by the continued location of CenturyLink's facilities in the Permit Area. The enclosed permit is being presented to CenturyLink for their execution in order for the Pinecliff 5th Addition public improvements to commence this spring. Currently, CenturyLink's facilities are located in conflict with the proposed installation of public utilities. Recommendation It is recommended to approve the Permit for Underground Utility in City Park Property with CenturyLink. PERMIT FOR UNDERGROUND UTILITY IN CITY PARK PROPERTY THIS PERMIT is issued by the City of Cottage Grove, a municipal corporation organized under the laws of the State of Minnesota, (City) to CentuiyLink, a coiporation organized under the laws of the State of Minnesota (Permittee). Recitals A. The City is the fee owner of the following described property in Washington County, Minnesota: Outlot B, PINECLIFF S ADDITION, Washington County, Minnesota The above-described property is public parlc property and is known as Sunnyhill Parlc (the "Parlc"). B. The Pei�rnittee is the owner of an underground fiber optic telecommunications line that was installed within a portion of the Park that was previously public street right of way lcnown as Ideal Avenue (the "Permit Area," as defined below). The old Ideal Avenue street right of way has been vacated, and is now designated as public parlc lands. C. The Permittee has no easement or other property rights in the continued use of the Permit Area. The City is willing to allow the Pei�nittee the continued use of the Permit Area, subject to the terms and conditions of this Permit. Pernut Requirements 1. Pei�nit Area. The City pet7nits Peimittee to use the following described Pei�nit Area for the continued use, maintenance, inspection, and repair of the Permittee's fiber optic telecommunications line: The easterly 20 feet of Outlot B, PINECLIFF S ADDITION, Washington County, Minnesota. The Permit Area is depicted in the attached Exhibit A. 2. Permit Conditions. The Permittee's rights under this Permit are subject to the following conditions: a. The Permittee must obtain written approval from the City prior to commencing any worlc within the Permit Area ("Approved Work"). The Permittee must provide a plan to the City at least 30 days in advance of the proposed start date for the worlc; the plan must describe and depict the nature, location and duration of the work to be performed. The City may specify conditions for the Approved Worlc, in addition to the conditions set foi�th in this Permit. The Permittee must comply with all conditions of the Approved Worlc and this Permit. The Permittee agrees to pay a permit review fee for each application for Approved Work, in the same amount as required for permits issued under the City's right of way 420255v1 CAH CT160-157 management ordinance in effect at the time of the application for Approved Work. b. If the Approved Work involves excavation, the Pei�rnittee must utilize the "Gopher State One Call" excavation notice system as required under Minnesota Statutes Chapter 216D, 48 hours prior to performing any excavation within the Permit Area. c. All areas of the Permit Area that are disturbed by the Permittee in the course of performing Approved Worlc must be restored to original or better condition. Sod or seed must be the same as/or compatible with the existing turf cover. d. In performing any Approved Work, the Permittee must perpetuate all existing drainage unless otherwise expressly provided in the Approved Work. e. During the period that any Approved Work is performed, the Permittee must maintain a commercial general liability insurance policy with coverage as specified by the City in the conditions for the Approved Worlc, and the City must be an additional insured on the policy. f. The Permittee will remove its facilities at its sole cost within a reasonable time (not to exceed 60 days/non-winter construction) after the City provides written notice that the Permittee's facilities interfere with the City's use of the Park or any public facilities. The period of winter construction is November 1 to April 30. Without limiting the generality of the preceding sentence, it is expressly understood that any of the following constitute interference with the City's use of the Park: (1) installation of Park improvements within or near the Permit Area; (2) construction or enlargement of a stormwater management pond in or near the Permit Area; (3) any activities planned by the City within the Park that would be negatively impacted by the continued location of Permittee's facilities in the Pei�rnit Area. g. If the City undei�takes any worlc within the Permit Area for which the City does not require permanent relocation of the Permittee's facilities, the Pei�rnittee will be responsible for any temporary relocation of its facilities or for protection of its facilities, at the Permittee's sole cost. h. The Permittee must cooperate with the City in coordinating worlc with the Permit Area, whether the worlc is performed by the Permittee or its employees, agents or contractors, the City or its employees, agents or contractors, or other utility companies and their employees, agents or contractors. i. The City has no responsibility to provide a relocation site for the Permitee's facilities. The Pel�nittee may relocate its facilities to a public right of way as allowed and in accordance with the City's right of way management ordinance, or the Pei�rnittee may obtain an easement for its facilities from another party at the Permittee's sole cost and expense. 420255v1 CAH CT160-157 j. Except for negligent acts of the City, its agents and employees, the Permittee agrees to hold harmless, defend and indemnify the City, its agents and employees from any and all claims for damages, actions or causes of action, including attorneys' fees, arising out of the Pei�nittee's use of the Pei�rnit Area. This permit is issued as of , 2013. CITY OF COTTAGE GROVE By Its Acceptance I/We, the undersigned, accept the terms and conditions of this permit and agree to fully comply herewith to the satisfaction of the City of Cottage Grove. CenturyLink, a Minnesota corporation C Name and Title of Person Signing (Print or Type) Signature: Date: 420255v1 CAH CT160-157 . _�._._. 1 11}353?4sL'�P�£i�13Eil2i71'j31i�5phV"�fSTU5iNh/:6}iE[Tt�7�,7 pA}'[I2.T7�l3 Cb:�iv��lr?8;227i 420255v1 CAH CT160-157 Permit Area Sketch (Note: Scale has been altered)