HomeMy WebLinkAbout5L - Candy Cove Trl/Prj. 05-01
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
CITY COUNCIL AGENDA REPORT
JULY 18, 2005
5L
LARRY POPPLER, ASSISTANT CITY ENGINEER
CONSIDER APPROVAL OF A RESOLUTION APPROVING AN
AGREEMENT WITH MNDOT FOR PLACEMENT OF TRAIL IN TH 13 RIGHT
OF WAY FOR CITY PROJECT #05-01 CANDY COVE STREET
RECONSTRUCTION
Introduction
As part of the City Improvement Project City Project #05-01, the City is
completing trail installation along the east side of Candy Cove Trail. Since the
trail will be located in State right of way, this agenda item requests that the City
Council approve an agreement for this purpose. For the purposes of this
report and the agreement, the proposed sidewalk is referred to as a trail.
History
The trail is proposed on the east side of Candy Cove Trail and was identified in
the park master planning. This trail was designed and bid with the 2005
Improvement Project.
Current Circumstances
A small portion of the proposed trail and pedestrian ramp extends into TH 13
right of way. Currently utility installation is being performed on Candy Cove
Trail. The construction of the trail is scheduled to be completed in August.
The Minnesota Department of Transportation requires the City to pass a
resolution authorizing the execution of a Limited Use Permit for the
construction and utilization of a pedestrian trail within MNDOT right of way.
The agreement with MNDOT establishes responsibilities and liability for the
City. These responsibilities and liabilities are not significantly more onerous for
the City than if the trail were fully within City right of way.
The cost of the trail will not be assessed and funding for the trail will come
from the Capital Park Fund.
There are three alternatives for the City Council to consider:
1. Approve a resolution approving an agreement with MNDOT for placement
of trail in TH 13 right of way for City Project #05-01 Candy Cove street
reconstruction.
2. Deny this item for a specific reason and provide staff with direction.
3. Table this item until some date in the future.
A motion and second to adopt a resolution approving an agreement with MNDOT
for placement of trail in TH 13 right of way for City Project #05-01 Candy Cove
www.cityofpriorlake.com
Phone 952.447,4230 I Fax 952.447.4245
street reconstruction.
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION OS-XX
RESOLUTION APPROVING A LIMITED USE AGREEMENT WITH MNDOT FOR PLACEMENT OF
TRAIL IN TH 13 RIGHT OF WAY FOR CITY PROJECT #05-01 CANDY COVE STREET
RECONSTRUCTION
MOTION BY:
SECOND BY:
WHEREAS, the City of Prior Lake is a political subdivision, organized and existing under the laws of
the State of Minnesota; and,
WHEREAS, the City Council of the City of Prior Lake has approved a plan to construct a pedestrian
trail in the right of way of Trunk Highway 13 to promote the orderly and safe crossing
of the highway; and,
WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit
for the construction and utilization of said pedestrian trail.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA,
1. The recitals set forth above are incorporated herein.
2. The City of Prior Lake hereby enters into a Limited Use Permit and any amendments to the
permit, with the State of Minnesota, Department of Transportation for the following purposes:
a. To construct, operate, and maintain a pedestrian trail within the right of way of Trunk
Highway 13 along Candy Cove Trail in accordance with the Limited Use Permit granted by
the State of Minnesota, Department of Transportation.
PASSED AND ADOPTED THIS 18TH DAY OF JULY, 2005.
Haugen Hauaen
Fleming Flemina
LeMair LeMair
Petersen Petersen
Zieska Zieska
YES
NO
{ Seal }
Frank Boyles, City Manager
www.cityofpriorlake.com
G:\PROJECTS\2005\ 11_FishPointJairla~(1).~ila4flRe~aeR'soflM(itQ~:i's~~0G1-245
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT FOR
NON MOTORIZED RECREATIONAL TRAIL
C.S. 7001
Cou nty of Scott
In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as
the Federal-Aid Policy Guide, a Limited Use Permit is hereby granted to the City of Prior
Lake, Permittee. This permit is for the purpose of constructing, maintaining and operating a
non motorized recreational trail, (hereinafter called trail), within the right of way of Trunk
Highway No. 13 as shown in red on Exhibit "A", which is attached hereto and incorporated
herein by reference. This permit is executed by the Permittee pursuant to the attached
resolution. In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. The construction, maintenance, and supervision of the trail shall be at no expense to
the Minnesota Department of Transportation.
2. Before construction of any kind, the plans for such construction shall be approved in
writing by the Minnesota Department of Transportation, through the District Engineer.
3. No permanent structure(s) or advertising device(s) in any manner, form or size shall
be constructed, placed or permitted to be constructed or placed upon the State of
Minnesota right of way.
4. No commercial activity or activities shall be allowed to operate upon said State of
Minnesota right of way.
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5. Any and all maintenance of the trail shall be provided by the Permittee; this includes,
but is not limited to, the plowing and removal of snow, and the installation and removal
of regulatory signs.
6. This permit is non-exclusive and is granted subject to the rights of others, including, but
not limited to public utilities which may occupy said right of way.
7. The Permittee shall preserve and protect all utilities located on the lands covered
by this permit at no expense to the Minnesota Department of Transportation and it
shall be the responsibility of the Permittee to call the Gopher State One Call System
at 1-800-252-1166 at least 48 hours prior to performing any excavation.
8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline
of the highway and shall provide and ensure reasonable and adequate stopping sight
distance.
9. The Permittee shall construct the trail at the location shown in the attached Exhibit "A"
subject to verification by the Minnesota Department of Transportation District Engineer
that the construction geometrics and procedures result in a trail that is compatible with
the safe and efficient operation of the highway facility.
10. Approval from Minnesota Department of Transportation District Engineer shall be
required for any changes from the approved plan.
11. Upon completion of the construction of the trail, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
12. This permit does not release the Permittee from any liability or obligation imposed by
federal law, Minnesota Statutes, local ordinances, or other agency regulations relating
thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
13. Any use permitted by this Permit shall remain subordinate to the right of the Minnesota
Department of Transportation to use the property for highway and transportation
purposes. This Permit does not grant any interest whatsoever in land, nor does it
establish a permanent park, recreation area or wildlife or waterfowl refuge facility that
would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does
this Permit establish a Bikeway or Pedestrian way which would require replacement
pursuant to Minnesota Statutes Section 160.264.
14. This Permit shall be subject to cancellation and termination by the Minnesota
Department of Transportation, with or without cause, by giving the Permittee 90
days written notice of such intent. Upon said notice of cancellation the trail shall be
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removed within 90 days by the Permittee. Upon cancellation of said Permit, or any
portion thereof, the Permittee will be required to return and restore the area to a
condition satisfactory to the Minnesota Department of Transportation District Engineer.
The removal of the trail and the return and restoration of the area shall be at no cost to
the Minnesota Department of Transportation and at the sole expense of the Permittee.
15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions
of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no
person in the United States, shall on the grounds of race, color, or national origin, be
excluded from, or denied use of any trail.
16. The State of Minnesota, through its Commissioner of Transportation, shall retain the
right to limit and/or restrict the parking of vehicles and assemblage of trail users on the
highway right of way over which this Permit is granted, so as to maintain the safety of
both the motoring public and trail users.
17. No assignment of this Permit is allowed.
18. The Permittee shall not dispose of any materials regulated by any governmental or
regulatory agency onto the ground, or into any body of water, or into any container on
the State's right of way. In the event of spillage of regulated materials, the Permittee
shall provide for cleanup of the spilled material and of materials contaminated by the
spillage in accordance with all applicable federal, state and local laws and regulations,
at the sole expense of the Permittee.
19. The Permittee shall hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees and its successors and assigns, from
liability claims for damages because of bodily injury, death, property damage, sickness,
disease, or loss and expense arising from the operations of the trail or from the use of
the portion of highway right of way over which this Permit is granted.
20. The Permittee shall hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees and its successors and assigns from
claims arising or resulting from the temporary or permanent termination of trail user
rights on any portion of highway right of way over which this Permit is granted.
21. The Permittee will hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees from claims resulting from temporary
or permanent changes in drainage patterns resulting in flood damages.
22. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other
persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or material mens' liens or other liens or claims of any kind whatsoever shall
be filed or maintained by it or by any subcontractor, materialmen or other person or
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persons acting for, through or under it or any of them against the work and/or against
said lands, for or on account of any work done or materials furnished by it or any of
them under any agreement or any amendment or supplement thereto; agrees to
indemnify and hold harmless the State of Minnesota from all such liens and claims.
MINNESOTA DEPARTMENT
OF TRANSPORTATION
CITY OF PRIOR LAKE
RECOMMENDED FOR APPROVAL
By
By:
District Engineer
Its
Date
And
APPROVED BY:
Its
COMMISSIONER OF TRANSPORTATION
Date
By:
Director, Office of Land Management
Date
The Commissioner of Transportation
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
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