Loading...
IP #876COUNCIL I:\RFA\PUBWORKS12010�Noise Wall Worksession 6-21-10.doc :. Request for Action Originating Department Approved for Agenda Agenda Section Public Works June 21, 2010 Work Session Item No. By: Guy Johnson By: Kirk McDonald, City Manager 11.3 Discussion regarding the Minnesota Department of Transportation's noise wall program gJ6 Requested Action Staff requests that the Council take part in a discussion regarding the possible construction of a noise wall by the Minnesota Department of Transportation (MnDOT) along the east side of TH 169. The proposed location of the noise wall would be from the 36th Avenue area, north to the area of 42nd Avenue. Background Through an agreement with MnDOT, the city took part in the construction of a noise wall in 2003. That noise wall was constructed along the east side of TH 169 from approximately Medicine Lake Road to 36th Avenue. At that time the construction of the noise wall was contracted and financed by MnDOT. The city's project costs were limited to the relocation of a section of city storm water pipe that was in conflict with the construction of the new noise wall. Staff has been notified by a MnDOT representative that their noise wall program has prioritized a proposed section of noise wall in New Hope as number four. The wall would run from approximately 36th Avenue, north to an area close to 42nd Avenue. This proposed section of noise wall along TH 169 was originally scheduled for construction in 2014. It now appears that the construction of the noise wall could be moved ahead to 2011. After discussing the possibility of having the noise wall installed, staff would like Council to consider authorizing staff to work with the MnDOT staff to determine the feasibility of installing a noise wall along this section of TH 169. One of the first activities MnDOT would like to accomplish is to have an open house so that MnDOT staff could share information with New Hope residents. The MnDOT staff is very interested in getting feedback from the property owners and stakeholders abutting the proposed wall. MnDOT staff would like to hold the open house as soon as August or September. Funding The project funding would be 90% by the state and a 10% matching share by the city. The MnDOT staff's preliminary estimates for project costs are around $1,200,000, making the city's costs approximately $120,000. Motion by Second by To: , I:\RFA\PUBWORKS12010�Noise Wall Worksession 6-21-10.doc 4b4Wt 11 riL,ib! �-.f - 4 = Iii � _ - 1t00GIGRsti Api � . It a1sT FF �Fn AK rp „oa MDM PAiac •«n +, ♦M IUPC w _ IL Li Y s a PAW BOOK 3Y� i Y 3971 AYE 9- Aof MY PAW ORLU 39111 INC a �[ • IIi� •rff r�/.�J , i a s s "Los011D 31L A .A AYE -M . i caw - x PW c .SSI p[ Ot y I iAWARK OR Alt w o a FLAG ti!y I► Ir PAW j ]Db i 111 Ir 3157 k a / _ f moo C91G1 ]TM 19i a `iYy � I a "W ANON 217% ME Y sanl IrE a . K A Ile AamcR Y :� \:-%\34T GOLDEN VALLEY Rwr: APR I M5 �* � I ���� � � �0"E8°r+y� Minnesota Department of Transportation Metropolitan District OF TFL 1500 County Road B2 Roseville, MN 55113 August 20, 2010 Dear Resident, The Minnesota Department of Transportation (Mn/DOT) is proposing to construct a noise wall along the east side of Highway 169 in New Hope, from Rockford Road (County Road 9) to 36th Avenue North. This is a one-time opportunity for construction of the wall from Mn/DOT'S noise wall program funds. An informational open house is set for Thursday, September 9 from 6:30 to 8 p.m. at New Hope City Hall, 4401 Xylon Ave. Mn/DOT representatives and city officials will be on hand to provide information and visualization materials on the proposed noise wall. Most importantly, the open house aims to solicit your input on whether or not to build the noise wall. The New Hope City Council will use this input to determine if the noise wall will be constructed. As mentioned above, this is a one-time opportunity. Please take time to make your opinion known on this noise wall issue. A short opinion form is attached below. You may bring your form to the open house, but additional forms will also be available at the open house. If you're unable to attend, you may fax your form to 651-234-7786 or mail it to me at Mn/DOT, Metro District, 1500 County Road B2, Roseville MN, 55113. This notice has been mailed to residents most affected by the proposed noise wall site. If you have neighbors who are interested in the project, they're also welcome to attend. Sincerely, Bre Magee Public Affairs Proximity of your home to the highway: (i.e. first row resident, or one block away) Name and Address: Please mark one I want the noise wall I do not want the noise wall An Equal Opportunity Employer Highway 169 Noise Barrier SP 2772-89 City of New Hope As part of the Minnesota Department of Transportation's (Mn/DOT) Noise Abatement Program, a noise wall project has been proposed on the east side of Trunk Highway 169 from north of 36th Ave. N. to south of Rockford Road in the city of New Hope. Mn/DOT's Noise Abatement Program started in 1997 with a comprehensive study of noise levels adjacent to MnIDOT highways throughout the entire state as required by Statute 161.125. In 2002, this Study was further updated to only include the S county metro area as the Metro District currently is the only District to fund this program. Within this Study, areas are ranked by their existing noise level, number of homes adjacent to the roadway, and length of barrier necessary to shield the area. Currently, Mn/DOT'S noise wall program only provides 90% of the funding to construct the barrier. The City would be responsible for the remaining 10% of the project costs. This area was originally scheduled for consideration in 2014. Due to some shifts within the program, we were able to advance this area ahead to 2011. The next step in the project process would be to inform the area neighborhood, via a public open house. The City Staff has requested Mn/DOT Staff to facilitate the open house. The City Council would be required to approve the project in order for Mn/DOT to move forward with the design and construction of the project. In the case that the City of New Hope declines this noise barrier, these funds would be reallocated to other noise wall projects in the Metro area. This would also result in this area being removed from the Noise Abatement Program Project Information: • Current Letting date- 412011 • Mn/DOT Design Engineer- Victor Vasas J Current cost est.- $1.2 M (Mn/DOT) $120,000 (city) Approx. Length- 3250 feet Average height- 20 feet Barrier style- concrete postlwooden plank Color- dark brown (matches wall south of 36th Ave N.) COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works August 16, 2010 Work Session Item No. By: Guy Johnson By: Kirk McDonald, City Manager 11.4 Discussion regarding the Minnesota Department of Transportation's noise wall program (improvement project no. 876) Requested Action Staff is requesting that the Council consider a proposed project to construct a noise wall along TH 169, from the 36th Avenue area, north to the area of 42nd Avenue. Representatives of the Minnesota Department of Transportation (Mn/DOT) and New Hope staff will share information regarding the possible construction of a noise wall in this area and maps will be displayed for illustration purposes. Background Through an agreement with Mn/DOT, the city took part in the construction of a noise wall in 2003. That noise wall was constructed along the east side of TH 169 from approximately Medicine Lake Road to 36th Avenue. At that time the construction of the noise wall was contracted and financed by Mn/DOT. The city's project costs were limited to the relocation of a section of city storm water pipe that was in conflict with construction of the new noise wall. Staff was notified by a Mn/DOT representative that their noise wall program had prioritized a proposed section of noise wall in New Hope for construction in 2011. The wall would run from approximately 36th Avenue, north to an area close to 42nd Avenue. Staff shared information regarding the possible construction of a noise wall with the Council at its June 21, 2010, work session. After discussing the possibility of having the noise wall installed, Council authorized staff to work with the Mn/DOT staff to determine the feasibility of installing a noise wall along this section of TH 169. After Mn/DOT's presentation, if the Council wishes to proceed with determining the feasibility of the project, Mn/DOT would like to hold an open house so that Mn/DOT staff can share information with New Hope residents. The Mn/DOT staff is very interested in getting feedback from the property owners and stakeholders abutting the proposed wall. Motion by Second by To: I:\RFA\PUBWORKS\20101Noise Wall Worksession 8-16-10.doc Request for Action August 16, 2010 Page 2 Funding The project funding would be 90% by the state and a 10% matching share by the city. The Mn/DOT staff's preliminary estimates for project costs are around $1,200,000, making the city's costs approximately $120,000. Funding for the city's portion could come from a construction project fund or possibly the city's state aid fund. I:\RFA\PUBWORKS\2010\Noise Wall Worksession8-16-10.doc Adt wj.. A-- �y s ti+o Ad[ x �oaya�m a rPI 41ST IT AK N 1p r;i Fi NORVOM PARK —A rs+g .aril JWC r rof -C A}L,ea of - 31 M/1: , L Pm _pp trx,4 w �aiE w � s = rbR:C f pOK Ar • MLS�OIIp 7S1 sIC.M V. t murn Y _3 ass iRR M _ • i - `' ! • � 1 f.f 1IMNtI[ DSI AW 1J '9 w AK r 4 z'i ' d IVKC � �� _ i'� J•/ F T </ PAW a22MO re 213M ^dE A ! ' i LIP .- AWE 41 / yaw we . - neI s+c M Holt alas u = 2M uc II NAI ffi 2m AS x Drool ttwlut YLN"� \x\ GOLDEN. VALLEY CITY OF NEW HOPE HIGHWAY 169 NOISE BARRIER PROJECT SP 2772-89 is M1 • Cyt ff, fir',New Hope Noise Barrier Approximate Cost at $20/ft' y °' r F.a %+ Wail Type State 90% City 10% Length 20' Wall '. -� 1,200,000 5120,000 3250 ft _ - r A � i n� .4 •. � +u @pI Noise Barrier Effectiveness Receptor ► ' I (No. of Build Build Reduction No Barrier with Barrier (dBA) I, e) 66.8 60.3 p F 1 (2) 69.7 62.1 7.6, 2 (2) 72.2 62.4 9.8 ' 3 (2) 68.6 60.1 8.5 4 (2) 69.3 1 59.5 9.8 5 (2) 71.5 1 59.8 11.7 9 (2) 66.8 60.3 6.5 ' 10 (2) 71.9 60.1 11.8 11 (2) 72.0 60.6 11,4 12 (2) 67.7 60.1 7.6 13 (2) 14 (2) 73.4 72.0 61.3 61.3 12.1 10.7 15 (2) 74.2 62,3 11.9 16 (2) 65.8 59.8 6.0 17 (2) 72.6 63.1 9.5 18 (3) 68.5 60.9 76 19 (2) 72.3 63.9 8.4 20 (4) 68.7 64.4 4.3 21 (4) 70.4 63.8 6.6 22 (3) 67.7 64.7 3,0 23 (2) 68.2 62.9 5.3 24 (2) 65.3 62.0 3.3 16 25 (4) U 63.5 63.2 0.3 26 (4) 66,2 66.2 0.0 Bold values exceed state standards Second Pow NW. AL,�y �} LEGEND MODELED BARRIER PROPOSED BERM iJ OO MODELING RECEPTOR Highway 169 Noise Barrier SP 2772-89 City of New Hope As part of the Minnesota Department of Transportation's (Mn/DOT) Noise Abatement Program, a noise wall project has been proposed on the east side of Trunk Highway 169 from north of 36th Ave. N. to south of 42nd Ave. N. in the city of New Hope. Mn/DOT's Noise Abatement Program started in 1997 with a comprehensive study of noise levels adjacent to Mn/DOT highways throughout the entire state as required by Statute 161.125. In 2002, this Study was further updated to only include the 8 county metro area as the Metro District currently is the only District to fund this program. Within this Study, areas are ranked by their existing noise level, number of homes adjacent to the roadway, and length of barrier necessary to shield the area. Currently, Mn/DOT's noise wail program only provides 90% of the funding to construct the barrier. The City would be responsible for the remaining 10% of the project costs. This area was originally scheduled for consideration in 2014. Due to some shifts within the program, we were able to advance this area ahead to 2011. The next step in the project process would be to inform the area neighborhood. via a public c house.' to MOVE City of t noise w from the Projec • Curi • Mn/ • Curi • App • Ave • Bari • Col( COUNCIL L\RFAIPUBW0RKS120101876 2011 Noise Wall Supporthoc Request for Action 4" Originating Department Approved for Agenda Agenda Section Public Works September 27, 2010 Development & Planrun Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 8.3 Resolution supporting the Minnesota Department of Transportation's (Mn/DOT) proposed noise wall project and amending the city of New Hope's five-year (2010-2014) Capital Improvement Program (CII'), Improvement Project 876 Requested Action Staff recommends that the Council pass a resolution supporting the proposed noise wall project and amending the city's five-year capital improvement program (2010 - 2014) to include the addition of a Minnesota Department of Transportation noise wall in 2011. Background Through an agreement with Mn/DOT, the city took part in construction of a noise wall in 2003. That noise wall was constructed along the east side of TH 169 from approximately Medicine Lake Road to 36th Avenue. At that time, construction of the noise wall was contracted and financed by Mn/DOT. The city's project costs were limited to the relocation of a section of city storm water pipe that was in conflict with construction of the new noise wall. Staff was notified by a Mn/DOT representative that their noise wall program had prioritized a proposed section of noise wall in New Hope, for construction in 2011. The wall would run from approximately 36th Avenue, north to an area close to 42nd Avenue. Staff shared information regarding the possible construction of a noise wall with the Council at ils June 21, 2010, work session. After discussing the possibility of having the noise wall installed, Council authorized staff to work with the Mn/DOT staff to determine the feasibility of installing a noise wall along this section of TH 169. WDOT representatives conducted a presentation for the Council on August 16, 2010, after which the Council authorized proceeding with the open house. Mn/DOT representatives shared information with New Hope residents at an open house on September 9, 2010. Mn/DOT staff was very interested in getting feedback from the property owners and stakeholders abutting the proposed wall. The vast majority of the residents who attended the open house were in favor of a noise wall construction project. Motion by Second by To: 13 7 L\RFAIPUBW0RKS120101876 2011 Noise Wall Supporthoc Request for Action September 27, 2010 Page 2 Funding The project funding would be 90% by the state with a 10% matching share by the city. The Mn/DOT staff's preliminary estimate for project costs are around $1,200,000, making the city's cost approximately $120,000. Funding for the city's portion would come from an existing construction project fund. Attachment A copy of the resolution, a memorandum from the engineer, and a map of the area are attached. I:\RFA\PUBWORKS\201018762011 Noise Wall Support.doc City of New Hope Resolution No. 10-137 City of New Hope five year (2010-2014) Capital Improvement Program (CIP) Minnesota Department of Transportation (Mn/DOT) Noise Wall WHEREAS, in 1995, the Minnesota Legislature passed Statute 161.125, Sound Abatement Along Highways, requiring a noise abatement study and noise abatement measures within or along the perimeter of freeways and expressways in incorporated areas, contingent on the availability of funding, which included a survey of all applicable noise standards and feasible noise abatement measures, and an evaluation of their ability to protect citizens; and, WHEREAS, as a result of this legislation, Mn/DOT has completed a Metro Noise Study with identifies the highest impacted areas that offer, potentially, the most cost effective opportunities for future noise mitigation and accordingly ranks and prioritizes the areas; and, WHEREAS, about $1.5 million have been allocated annually for the past ten years to construct noise walls to provide noise mitigation for the designated areas; and, WHEREAS, Mn/DOT standard procedure is to review the design and location of the proposed noise walls and materials to be used with affected communities during the design process, soliciting local agency support for the placement of noise walls in particular areas and acceptance of the local agency's financial responsibility, and, WHEREAS, Mn/DOT is proposing to construct a noise wall in 2011 along the east side of T.H. 169, between 36th Avenue North and 42nd Avenue North in New Hope; and, WHEREAS, on August 16, 2010, the City Council received a presentation from Mn/DOT staff on a proposal to construct said noise wall at a 2011 estimated construction cost of $1,200,000, which would be shared 90/10 between Mn/DOT and the city; and, WHEREAS, the City Council expressed an interest in this proposed improvement and directed that a public presentation be made at an open house on September 9 to share information regarding the design and location of the proposed sound wall and materials to be used; and, WHEREAS, Mn/DOT staff would like to receive some formal feedback from the city so that they know whether to continue their scoping study for this improvement or to remove said noise wall from the list and begin working on the next prioritized location in the metro area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota, that the city hereby supports the proposed noise wall project and amends the Public Works five-year Capital Improvement Program (2010 — 2014) to incorporate the addition of a Minnesota Department of Transportation noise wall in 2011. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of September, 2010. Attest: Ape J zrm-0 City Clerk Mayor 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4690 Fax 651-636-1311 www.honestroo.mm September 21, 2010 Bonestroo Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: TH 169 MNDOT Noise Wall Bonestroo Project No.: 000034-10000-0 Dear Guy: MNDOT is proposing the construction of a noise wall along the east side of TH 169 between 36th and 42"d Avenues. The wall is to be very similar to that constructed between Medicine Lake Road and V1 Avenue in 2003. A neighborhood open house meeting was held September 91h, giving residents the opportunity to learn more about the proposed project and voice opinions on the preliminary design. Of the 35+ residences represented at the meeting, nearly all expressed support for the project. Policy for the construction of this wall is that MNDOT provides 90% of the funding while the benefitting city covers the remaining 10%. MNDOT has requested that New Hope pass a resolution stating support for the project and willingness to amend the City's CIP to include the cost sharing required for construction of the wail in 2011. Assuming the City is in support of the project, this resolution should be passed at the September 27th Council meeting. Sincerely, BO NESTROO Jason Quisberg, P.E. Associate 651-604-4938 Copy: Kirk McDonald, City Manager a = td 71 A00—j" It be JK xzzpjL F -.v Ota NQlQ1f�00R lAitlC 'O'n rt r g „�,,�� .� _ _ Me=we :..r �. f+ Ion PNacdd } m u3'dn ML33t omit - WirA �Lt Y i / 19t1kT < xt Y d K _ . a rwf At s7d Ii/1 i f/i ' is ftac w =Air a Ifs i / -- mil I J � 30M K ■ 1=c r rar awes u =_ � 7!ti uE K 1f7l� ri[ � ic. Gem X � Jnr wt r - 4 •In Cocmdr- Lot FT WX&2 GOLDEN VALLEY At iNa a v a u Y L o w .M *� n L c 0 o �- o c Ln � aJ w 0 N w y4+ > @ ns V (4 o 41 `� 3 U ] ++ u L OJ m +C+ O "++ Q O +�+ > = o O L(LiacJ n 41 0 .� d p U a fa vl E t LN C Y u — O u y U O m O x O a) 410tnM s dA c TQ 3 Z 0 C c c 3 0 E 0 3 s ° o + C0 0 O m u o' o S a, L w L w — a no c aJ +, +1cu a, 3 v do c 0 cv E f 0 41 0[ fl aJ y aJ d0 C w ++ L W CU OfU ++ O w O 0 w -p c U M �n 0 U a L L W - L ILI 12 3 h m M. m L QJ Z X VI L z w O o a 0 } x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 2 c Vt aJ z Z N z Y ay Z Z Z Z Z z Z z z z aJ z Z Z w z Z Z Z z Z Z Z Z Z a U Z Z Z N �, d WW W W W W WW W0 ` aJ N N U aJ W0 aJ aJ QJ z w0 MaJ aJ -0 ay aJ aJ aJ L > > > > > > > > > ] > > > > > > > > > > > ] > > O a > > > a -p ¢ ¢ a ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ u ¢ ¢ ¢ a ¢ ¢ ; ¢ a a a ¢ o ¢ ¢ ¢ N -0 c c C c c N c c c C C c c C C C c C. C C C ¢� ¢ fS5 m m m M\ m R @ m m m m m m m m m f0 m m m to m m L Q- m m N as aa -a �aaaaaa-oaaaa'naara� r-+-tza'v-as � a+aaa 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 o c 0 0 0 0 0 00 Lo rn un n w N am rn n oo n rn Lo n Ln n ti -i m rn .-+ o mr-I nr-I m B O O Ln 06 N N N d m a o .--4 �lqr ;Zr -i r -IN., O O N i"r O M m In m-* co n n n w w w o n o0 o n co w w n n o0 00 qr m as I-, n wv a n .1 o M m m m m m m m m m m m m m m m m rn m M (n m� m m M m y a L aJ c = x O kn co p *' up L t aJ m E 3 U p c ^� Y t4 L M c 0 m L m c m al L eco O �{ u _ � 3 A ° i m E +- m E -a aOc m mo 0 fO C T `p 3 z c c c O c ro o c w y 7 E cn a V °1 cJ .> aJ co a Y L N C t > N T O w p N E t0 z Y ci C o c C o aJ co a u .v a L ar L= to aJ y y a fO m °Q aJ a c c s m 0 v i¢ ¢ E a c M d Y m a41 °i� J O _� ¢ C7 T C 'X 'C O m V) to Y co ]• a2i t0 m a�j [A w a N v J -6 a� fU-1 aZj L Y > t6 p O W ` N m (6 :� 0 O •y O O Y l> O U 00 C 0 L aJ � L aJ t 2 p w to J m— -a H U U Y a of to m Z 2 � $ k � 0 o 2 / 2 ® 2 M % « � k % _ = m §� k ƒ \ \ � S - « :3 / [ E / § & / u E c u 2 7 � \ a 3 cu 3 E /2� ■ _ o. 2 > _ % \ k 2 § 2 � e e . z R ( C) = L — ƒ k R $ /° �� _ m z V di 0 k G x x x x x x x I � » R � z � \ \ / z z z 2 I t z ® >2 R # 12 % L 3 7 \ / \ \ � / / 2 2 2 f - @ k \ k \ \ 2 k \ m- m m M W n» m # m # _ _ � Lnco w w o« I m m m m « # � � m cc C 2 u u m « / r E 7 u @ 3 t o r E\ o f m >/ \ f / \ E � E / 3 0 � ,txq° Minnesota Department of Transportation Metropolitan District Pri Waters Edge t4o 1500 West County Road B-2 Roseville, MN 55113-3174 December 7, 2010 Paul Coone Public Works City of New Hope, MN 55428 5500 International Parkway New Hope, MN 55428 Re: Temporary Permit to Construct Sound Barrier Wall along TH169 from Rockford Road to 36th Avenue North Mr. Coone, You will find enclosed four copies of a Temporary Permit to Construct for the above referenced project, as we briefly discussed by phone. This permit allows for staging and construction in the area outlined in Exhibit A of the permit. Upon review and acceptance, please return three originals of the permit to my attention. Please retain one original of the permit for your records. Thank you for your time and effort in this matter. Feel free to contact me with any comments, questions or concerns. Sincerely, Steve Hanson Real Estate Representative Mn/DOT— Metro Right of Way 1500 West County Road B2 Roseville, MN 55113 651-234-7568 Enclosures An equal opportunity employer TEMPORARY PERMIT TO CONSTRUCT Dated: November 18, 2010 C.S. 2772 (169383) 909 Parcel 218 County of Hennepin The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. 169 in Hennepin County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Hennepin County, Minnesota, described as follows: Part of Park, Northwood Terrace 3rd Add., and part of Park, Northwood Terrace 5th Add., As shown outlined in Red on attached "Exhibit A". The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property without just compensation and are not required to surrender lawfully occupied real property without at least 90 days notice. For a valuable consideration, the undersigned hereby waive these rights and give the State of Minnesota an immediate right of entry and permit to use this site as a Staging Area for Construction purposes. This Permit will expire when construction is completed. '}��• ly� �,1 i � i I ��%.,"'I! rte' �ti .\ l� �/ � l iI y � 1 f Ij 4 r P _ ,:� '_,� ' `�` 1, ,_ � . � - ••'t �`< ,;=� ✓� IX l q� 100' 1! - �t t% '1 1 13 1 A f` ,,/GORDON' S CIM i -,vE- A AT Q TER I'COF'4, T V f Rl C ' 1b'89+999 '1(� �79S69ii, 2 - ._ CUP.VE 24 8 H� I0"89+999 bl W 8569[`. -zlb�e3 D-- + Y8�6b'8999 rl �8969T k H D A 5. 14. 1 Y 186.86297 v. i :. 9+999 'id 135691 - , T - +939 ld W18N69i 03'o 69 31 " ( FW b �ECY _1.8.._1 18 2: "9 °8�r9 9 9d,W18569i I� Z 6+999 '9d FJ18N69[ T 13 18 ! L 6.161 $66+42.�7 �Yr C <' N' F1 HVV00D PARK r14 0. � S Imo,Ln o TE BY PERMIT it LD,,' 1 PAR 218 Y rnj PARK j 1I- NOR D 3T E R A=E E.; vv 3 ry ` - - ,I DD �l r r COLINCl] Request for Action Originating Department Approved for Agenda Agenda Section Public Works November 13, 2012 Consent ]tem No. By: Guy Johnson By: Kirk McDonald, City Manager 6.6 Resolution approving a cooperative construction agreement between the city of New Hope and the state of Minnesota Department of Transportation that provides for a lump sum payment for construction of a noise wall along TH 169 (improvement project No. 876) Requested Action Staff requests approval of a resolution approving an agreement between the city of New Hope and the state of Minnesota Department of Transportation (Mn/DOT). The agreement provides for a lump sum payment of $120,000 for the city's share of the construction costs to install a noise wall along the east side of TH 169, between 36th Avenue and 42nd Avenue. Background Through an agreement with MmDOT, the city took part in construction of a noise wall in 2003. That noise wall was constructed along the east side of TH 169 from approximately Medicine Lake Road to 36th Avenue. At that time, construction of the noise wall was contracted and financed by Mn/DOT. The city's project costs were limited to the relocation of a section of city storm water pipe that was in conflict with construction of the new noise wall. Staff was notified by a Mn/DOT representative that their noise wall program had prioritized a proposed section of noise wall in New Hope, for construction in 2011. The wall would run from approximately 36th Avenue, north to an area close to 42nd Avenue. Staff shared information regarding the possible construction of a noise wall with the Council at its June 21, 2010, work session. After discussing the possibility of having the noise wall installed, Council authorized staff to work with the Mn/DOT staff to determine the feasibility of installing a noise wall along this section of TH 169. Mn/DOT representatives conducted a presentation for the Council on August 16, 2010, after which the Council authorized proceeding with an open house. Motion by Second by To:lydat 63 I:\RFA\PUBWORKS\2012\876 Mn -DOT Noise Wall Agreement.doc Request for Action November 13, 2012 Page 2 _MnMOT representatives shared information with New Hope residents at an open house on September 9, 2010. Mn{DOT staff was very interested in getting feedback from the property owners and stakeholders abutting the proposed wall. The vast majority of the residents who attended the open house were in favor of a noise wall construction project. On September 27, 2010, Council passed a resolution supporting WDOT's proposed noise wall project and amending the city of New Hope's five-year (2010-2014) Capital Improvement Program. The attached agreement sets forth the obligations of the city of New Hope and Mn/DOT. Funding The project funding was 90% by the state with a 10% share by the city of New Hope. The state's original total cost estimate was $1,200,000. The project went over the original estimate for a number of reasons such as construction issues, the state shutdown in 2011, and others. Whatever the reasons were for the additional cost, the state did not feel it was appropriate to charge the city for 10% of those costs and kept the city's cost at the original $120,000 estimate. Funding for the city's portion will be from the temporary financing fund. Attachment A copy of the resolution, the agreement, and a map of the area are attached. I; RFA\PUBWORKS\2012\876Mn-DOT Noise Wall Agreement.doc City of New Hope Resolution No. 12 — 163 Resolution approving a cooperative construction agreement between the city of New Hope and the state of Minnesota Department of Transportation that provides for a lump sum payment for construction of a noise wall along TH 169 (improvement project No. 876) WHEREAS, the state performed noise wall and lighting construction and other associated construction within the city limits along Trunk Highway No. 169; and, WHEREAS, the state requests the city participate in the costs of the noise wall construction and the city agrees to participate in the cost of said construction with a lump sum amount equal to $120,000; and, WHEREAS, Minnesota statutes authorize the commissioner of transportation to make arrangements with and cooperate with any government authority for the purpose of constructing, maintaining, and improving the trunk highway system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the city of New Hope enters into Mn/DOT agreement No. 01905 with the state of Minnesota, Department of Transportation, for the following purposes; To provide for payment by the city to the state, of the city's share of the costs of the noise wall construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 169 from 36th Avenue to Rockford Road within the corporate city limits under state project No. 2772-89. 2. The mayor and city manager (the "Officers") are authorized and directed to sign the same on behalf of the city: Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 13th day of November, 2012. 6el—1 tii~ Mayor Attest: City Clerk Minnesota Department of Transportation i_ '*' r 395 John Ireland Boulevard Saint Paul, MN 55155 Date: November 30, 2012 Guy Johnson Director of Public Works 4401 Xylon Avenue North New Hope, MN 55428 RE: Coop. Const. Agree. No. 01905 City of New Hope S. P. 2772-89 (T. H. 169=383) City lump sum payment for noise wall construction by the State on T. H. 169 Dear Mr. Johnson: (651) 366-4634 Mail Skop 682 Transmitted herewith for the City's use and retention, is a fully executed copy of the subject agreement between the City and this department. The agreement provides for a lump sum payment of $120,000.00 by the City to the State for the noise wall construction on Trunk Highway No. 169. An invoice in the amount of $120,000.00 will be forwarded to the City in a few days, and it is requested that payment be made accordingly. Sincerely, Ma n e Kelly-Sonnek Municipal Agreements Engineer Enclosures An Equal Opportunity Employer E) 0 `� #i M MOT Contract No: STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION 'And State Project.Number (SP): Trunk Highway Number CM: Lighting Feed Point No. CITY OF NEW HOPE COOPERATIVE CONSTRUCTION AGREEMENT 2772-89. 169=383 R9C Amount Receivable $120.000.00 01905 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of New hope acting through its City Council ("City"). Recitals L The State performed noise wall and lighting construction and other associated construction upon, along and adjacent to north bound Trunk Highway No. 169 from 36th Avenue North to Rockford Road according to State -prepared plans, specifications and special provisions designated by the State as State Project. No. 2772-89 (T -IL 169=383)("Project"); and . 2. The State requests the City participate in the costs of the noise wall construction and the City is willing to participate in the costs of said construction.in a lump sum amount equal to $120,000.00; and 3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1.. Term of Agreement; Survival of Terms; Plans 1.1. Effective dam This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes §.16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations.have been satisfactorily fulfilled. 1.3.. Survival of terms: All clauses which impose obligations continuing in their nature and which must survive in order togive effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation,: the following clauses: 3. Maintenance by the City;, 7. Liability; Worker. Compensation Claims; 9. State Audits; 10. Government Data Practices; 11. Governing Law; Jurisdiction, Venue; and 13. Force Majeure. 1.4. Plmis, Spccifrcations, Special Provisions. Plans, specifications and special provisions. designated by the State as State Project No. 2772-89 (T.H. 169=383) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated. into this Agreement by reference. (."Project Plans") 2. Construction by the .State 2.1. Contract Award The State received bids and awarded a construction contract to the iowest'responsible bidder according to the Project Plans. 2.2. Satisfactory Completion of Contract The State will perform all acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. Mn/DOT Contract No: 01905 3. Maintenance by the City. Upon completion of the project, the City will provide for maintenance of the non -highway side of the noise wall construction without cost or expense to the State. Maintenance activities will be limited to graffiti removal and maintaining an aesthetically acceptable condition of the non -highway side of the noise wall. 4. City Cost and Payment by the City 4.1. City Cost. $120,000.00 is the City's full and complete cost for the noise wall construction. 4.2. Conditions ofPaymenL The City will pay the State the full and complete lump sum amount after the following conditions have been met: A. Execution of this Agreement and transmittal to the City. B. The City's receipt of a written request from the State for the advancement of funds. 5. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 5.1. The State's Authorized Representative will be: Name/Title: Maryanne Kelly-Sonnek, Municipal Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop.682, St. Paul, MN 55155 Telephone: (651) 366-4634 Fax: (651) 366-4769 E -Mail: maryanne.kellysonnek@state.mn.us 5.2. The City's Authorized Representative will be: Name/Title: Guy Johnson, Director of Public Works (or successor) Address: 4401 Xylon Avenue North, New Hope, MN 55428 Telephone: (763) 592-6766 6. Assignment; Amendments; Waiver; Contract Complete 6.1. Assignment Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 6.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 6.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 6.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 7. Liability; Worker Compensation Claims 7.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. .2- Mn/DOT Contract No: 01905 7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act S. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 9. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting, procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement 10. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 131 as it applies to all data provided cinder this Agreement, and as it applies to all data created, collecbA received,` stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § I 3.08 ' apply to the release of the data referred to in this clause by either the City or the State. 11. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement -of this Agreement Venue for all legal . proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal courtwith competent jurisdiction in Ramsey County; Minnesota. 12. Termination; Suspension 12.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 12-2. Termination for Insufjtcient Funding. The State may immediately_ terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project Termination must be by written or fax notice to the City. 12.3. Suspension In the event of a total or partial government shutdown, the State may suspend this Agreement. and all work, activities and performance of Work authorized through this Agreement 13. Force Majeure Neither party will be responsible to the other for failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [1be remainder of this page has been intentionally left blank] -3- CITYOFNEW HOPE The undersigned ca* that they have lawfully executed this contract on Behalf of the Governmental Unit as required by applicable charter, provisions, sions,' resolutions or ordinances. By. Tide: Mayor. Date: 11./13/12 k SLI� Mn/DOT Contract No: 01905- DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: CAS- (State Design Engineer) Date: Title: —city Knager" Date.- 11113112 COMMSSIONER OF ADMINISTRATION BY: //Or (Wifli delegated author*) Date: INCLUDE COPY OF RESOULURON APPROVING THE AGREEMENT AM'ATYMOP.17MG M EXECUTION.` -4- City of New Hope. Resolution No. 12 — 163 Resolution approving a cooperative construction agreement between the city of New Hope and the state of Minnesota Department of Transportation that provides for a lump sum payment for construction of a noise wall along TH 169 (improvement project No. 876) WHEREAS, the state performed noise wall and lighting construction and other associated construction within the city limits along Trunk Highway No. 169; and, WHEREAS, the state requests the city participate in the costs of the noise wall construction and the city agrees to participate in the cost of said construction with a lump sum amount equal to $120,000; and, WHEREAS, Minnesota statutes authorize the commissioner of transportation to make arrangements with and cooperate with any goverment authority for the purpose of constructing, maintaining, and improving the trunk highway system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the city of New Hope enters into MnMOT agreement No. 01905 with the state of Minnesota, Department of Transportation, for the following purposes; To provide for payment by the city to the state, of the city's share of the costs of the noise wall construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 169 from 36th Avenue to Rockford Road within the corporate city limits under state project No. 2772-89. 2. The mayor and city manager (the "Officers") are authorized and directed to sign the same on behalf of the city: Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 13th day of November, 2012. Mayor 47��,62C�. Attest: City Clerk CITY OF NEW HOPE HIGHWAY 169 NOISE BARRIER PROJECT SP 2772-89 New Nope Noise Barrier Approximate Cost at $20/ft' ' e _ Wall Type State 909 City 109 Length ;.r. 20' Wall $1,200,0001 $120,000 3250ft r_`� r Noise Barrier Effectiveness Receptor Build Build Reduction (No. of No Barrier I with Barrier (dBA) Residence) 2 (2) 3 (2) 72.2 68.6 62.4 60.1 9.8 8.5 4 (2) 69.3 59.5 9.8 5 (2) tK 71.5 34.8 59.8 62.6 11.7 'L___ 7(2.) .., 9�- 68.0 T 64c, I -. 431.1 r � 6 � 0 10 (2) 11 (2) 71.9 72.0 50.1 60.6 11.8 4i 11.4 12("') 67.'° I w 1 4106 13 (2) 73.4 61.3 12.1 14 (2) 72.0 61.3 10.7 15 (2) 'ia, , 17 (2) 74.2 Wa 72.6 62.3 5£x.8 63.1 11.9 6.0 9.5 16 (3i ASA I w 9 f 0 19 (2) 72.3 63.9 8.4 20 (4) 68.7 64.4 4.3 21 (4) 70.4 63.8 6.6 22 (3) 67.7 64.7 3.0 23(2-,, A6.2 629 5.3 24 (2) 65.3 62.0 3.3 -25(4) 63.5 26 (4) 66.2 Bold values exceed state standards 63.2 66.2 0.3 0.0 LEGEND MODELED BARRIER PROPOSED BERM G) MODELING RECEPTOR Leone Valerie From: Johnson Guy Sent: Thursday, October 25, 2012 10:07 AM To: Leone Valerie Subject: FW: City of New Hope & Mn/DOT Noise Wall Agreement FYI, From: Kelly-Sonnek, Maryanne (DOT) [maiIto: ma anne.kell sonnek state.mn.us] Sent: Thursday, October 25, 2012 9:56 AM To: Johnson Guy Subject: RE: City of New Hope & Mn/DOT Noise Wall Agreement Good, but please send those signed copies to the Metro District, as the Metro District Engineer needs to sign them. Them they will send them to me. The contact and address is: Nancy Jacobson Mn/DOT 1500 W. County Road B-2 Roseville, MN 55113-3174 Marvanne.Kellysonnek(@state.mn.us 651-366-4634 From: Johnson Guy [mailto: ohnson ci.new- ho e.mn.us] Sent: Wednesday, October 24, 2012 4:57 PM To: Kelly-Sonnek, Maryanne (DOT) Cc: Steven Sondrall Subject: RE. City of New Hope & Mn/DOT Noise Wall Agreement Thank you Maryanne, As I mentioned on the phone, the agreement will be on the next Council meeting's agenda on November 13. 1 do not anticipate any issues for the Council with regards to the agreement and we will send the signed copies back to you that week. Again, thank you, Guy From: Kelly-Sonnek, Maryanne (DOT) [mailto:maarr aanne.kellysonnek(astate.mn.us] Sent: Wednesday, October 24, 2012 3:48 PM To: Johnson Guy Cc: Steven Sondrall Subject: RE: City of New Hope & Mn/DOT Noise Wall Agreement These changes are acceptable. Attached is the revised agreement with that change incorporated. Please print out 3 copies for signature. Thanks Maryanne Kelly-Sonnek, P.E. Municipal Agreements Engineer Minnesota Department of Transportation 395 John Ireland Blvd. MS 682 5t. Paul, MN 551.55 Ma anne.Kell sonnek(mstate.mn.us 651-366-4634 From: Johnson Guy Emailto:gjohnson@ci.new=hor)e.mn.us] Sent: Wednesday, October 24, 2012 3:37 PM To: Kelly-Sonnek, Maryanne (1)017 Cc: Steven Sondrall Subject: City of New Hope & Mn/DOT Noise Wall Agreement Good afternoon Maryanne, Attached are the changes the city attorney and staff are suggesting to section #3 in the agreement. Please let me know if the changes are acceptable and/or if you have any questions. Thank you, Guy 'NlESOT so %a Minnesota Department of Transportation ti Metropolitan District 'T Waters Edge -Design 1500 West County Road B-2 Roseville, MN 55113-3174 October 9, 2012 Guy Johnson Director of Public Works 4401 Xylon Ave No New Hope, MN 55428 RE: Proposed Cooperative Construction Agreement No. 01905 City of New Hope S.P. 2772-89 (T.H. 169=383) State Funds City cost lump sum payment for T.H. 169 noise wall construction Dear Mr. Johnson: Telephone: 651-234-7647 Fax: 651-234-7609 Transmitted herewith in triplicate is a proposed agreement with the City of New Hope. This agreement provides for a lump sum payment to the State of the City's share of the costs of the noise wall construction to be performed on T.H. 169 within the corporate City limits. Present this agreement to the City Council for their approval and execution that includes original signatures of the City Council authorized City officers on the three copies of the agreement. Also required are three original copies of a resolution passed by the City Council authorizing its officers to sign the agreement on its behalf. A suggested form of such resolution is enclosed. It is requested that the executed agreements and resolutions (three originals of each) be forwarded to this office as soon as possible. A copy will be returned to the City when fully executed. Sincerely, Nancy Jaco zm Metro District Coordinator Cc: J. Gibbens — Project Manager A. Crockett -- Area Engineer B. Myers - Municipal Agreements Unit File An Equal Opportunity Employer i - Y � f November 15, 2012 Ms. Nancy Jacobson Minnesota DOT 1500 West County Road B-2 Roseville, MN 55113-3174 Subject: Construction Agreement No. 01905 (Noise Wall — project 876) Enclosed are three agreements executed by New Hope city officials. The resolution approving such action is also enclosed. Please return a fully executed copy to my attention. Sincerely, A4xv-- Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson, director of public works CITY OF NEW HOPE 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 + www, d.new-hope.rnn.us City Hall: 763-531-5100 + Police (non -emergency) 763-531-5170 + Public Works: 763-592-6777 + TDD: 763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776