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99-132Council File # � 1��3 O R� G� NA L RESOLUTION creen sheet #�`Z�.4 � CITY OF SAINT PAUL, MINNESOTA �� Presented By " � � ��! �� Referred To Committee: Date i WHEREAS, Ramsey County is the recipient of a grant from the Minnesota Department of Natural 2 Resources for construction of the Trout Brook County Trail that extends from Lake McCarrons 3 County Park to the Gateway Segment of the Willard Munger State Trail; and 4 , 5 WHEREAS, the City of Saint Paul owns and manages properry along the proposed Trout Brook 6 County Trail as shown on Exhibit i; and 7 8 WHEREAS, the City and County desire to cooperate to develop the Trout Brook County Trail in 9 order to expand the recreaiional opportunities fior ihe citizens of Ramsey Counry; and 10 11 WHEREAS, Ramsey County agrees to pay all costs to construct, operate, maintain, and police the 12 Traif and to administer its construction; and 13 14 WHEREAS, the Trail will not interfere with City operations; and 15 16 WHEREAS, the County and the City, pursuant to the authority contained in Minnesota Statutes, 17 Section 471.49, commonly known as the Joint Powers Act, have proposed the a�tached Joint 18 Powers Agreement in order to accomplish the development and ongoing operation of the Trout 19 Brook County Trail. 20 21 NOW, THEREFORE BE IT RESOLVED that Council ofi the City of Saint Paul approve the Joint 22 Powers Agreement and authorize the appropriate City officials to execute it. 23 Requested by Department of: PUbI1C By: Adoption Certified by Council 5ecretary BY � �_�—�_ �� _„ �J Approved by M : Date f�d7 �7 � By: Form Approved by City / i . :..� � • Approved y�Mayor f r Submis ion to Council By: Adopted by Council : Date � Q-. .lC� �`l� `�-T DEPARTMENT/OFFICFJCAUNCII Public Works Richard Hedman MUST 8E ON CAUhCIL AGENDA BY IDATE� ASAP -- F��n \�. � < DATEINITIAiED GREEN SHEET '�'n 62544 Feb. 1 � � 999 iuinm met� 1�-' RogerPUChrei[er �I� � MAYOR � ASSIGN �� NUMBEA DICKRUPEFiT/ACCT.� 2'� � C{TYCOUNCIL _� p �� ' � DEPAR'IMENTDIAECiOR�-i❑ CrtYCLEFiK _ r-� ❑ ��Q�'� �FW.SERVICE$/ACCT. __ .� Cf(Y ATfORNEY ""'�� ' � � � _ TOTAL # OF SIGNANRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATUR� ACT10N REQUESTED Approve the attached resolution approving a Joint Powers Agreement (Exhibft A) between Saint Paul and Ramsey County allowing Ramsey Couniy to construct, operate, maintain and police the proposed Trout Brook County Trail on cily owned fand. RECOMMENDATIONS: Approve (A) or Reject (R) PLANNWG COMMISSION CIB COMMffTEE CIVIL SERVICE COMMISSION QERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this persoNfirm ever worked under a contract for this department? YES NO 2. Has this personffirm ever been a city employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any current city employee? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHI�: Ramsey County has received a grant from the Minnesota Department of Natural Resources to construct a trail from Lake McCarrons County Park to the Gateway Segment of the W illard Munger State Trail. It wiil be known as the Trout Brook County Traii. 7he county needs city approval to construct the trail on city owned fand, so the city attorney and the county attorney have proposed the attached Joint Powers Agreement. Under terms of the agreement, the county witl construct, operate and maintain the trail. Ramsey County has a deadline of June 30, 1999 to get this project under construction or face the loss of funds. ADVANTAGESIFAPPROVED: The trail will be part of the county trail system and will expand recreational opportunities for the citizens of Ramsey County. The trail will follow along open land rather than developed streets and neighborhoods. DISADVANTAGES IF APPROVED: NONE DiSADVANTAGE5IF NOT APPROVED: Ramsey County wil{ lose available funding if the agreement is rrot approved. The project will not be built without this furuSing. TOTAL AMOUNT OF TRANSACTION COST/REVENUE BUDGETED (CIRCLE ONE) �:L�] FUNDING SOURCE ACINITY NUMBER F{NANCIAL ISJFORMATION: (EXPLAIN) ��/6/ � DRAFT 1/22/99 JOINT POWERS AGREEMENT qq� BETWEEN RAMSEY COUNTY AND THE CITY OF ST. PAUL TROUT BROOK COUNTY TRAIL THIS AGREEMENT, is made and entered into this day of 199_, by and between the City of St. Paul, St. Paul, Minnesota, hereinafter called "City," and County of Ramsey, Minnesota, hereinafter called "County," both parties being governmental and pofitical subdivisions of the State of Minnesota. W fTNESSETN: WNEREAS, The City owns and manages property along Trout Srook as shown on Exhibit I; and WHEREAS, The Gounty is the recipient of a grant from the Minnesota Department of Natural Resources for construction of the Trout Brook County Trail that extends from Lake McCarrons County Park to the Gateway Segment of the Willard Munger State Trail; and WNEREAS, The Caunty and the City desire to cooperate to develop the Trout Brook County Trail in order io expand the recreation opportunities for the citizens of Ramsey County. NOW, THEREFORE, The County and the City, purs�ant to the authority contained in Minnesota Statutes, Section 471.59, commonly known as the Joint Powers Act, in order to accomplish the development and ongoing operation of the Trout Brook County Trail, agree as foliows: Development Plan The County, in cooperation with the City, has prepared a development plan that establishes the alignment for the 7rout Brook County Trail. The trail, as proposed, is 10 feet wide pavement with 10-foot turf/aggregate shoulders on each side, resuiting in a trail corridor of 30 feet. It is understood that the tra+! corridor may be subject to easements, licenses or permits granted by the City to third parties, l"he County, at its sole cost and expense, shali insure that the conditions of the easement, licenses and permits are complied with to the extent required. aq-�3� 2. Construction A. The County agrees to pay all costs associated with construction of trail corridor improvements, including the trai! treadway, retaining walls, gates, fences, street crossings, bridges, signs and traffic signals. B. The County shall prepare plans and specifications for construction in accordance with the development plan. The City shall review and approve the plans and spec+4ications for construction to assure there is no negative impact on the City's facilities within the corridor. No construction may occur until after the plan is presented to and approved by the City. C. The County shall solicit bids, award contracts and manage construction of the trail corridor. The County will consult with the C+ty during construction on alf improvements to assure that construction is consistent with approved plans and specifications. 3. Operation and Maintenance The County shall be solely responsible for operation and maintenance of the trailway and shoulders within the trail corridor and associated improvements, such as fences, gates, traffic signals, etc. All costs associated with the operation and maintenance of the traii corridor shal{ be borne solely by the County. 4. Signage The County shaii design, construct, instafl and maintain afl signs necessary for trail corridor operation. All signs shall be in conformance with the standards of the County parks and recreation system; however, all identification signs will acknowledge the cooperative relationship between the County and the City in the provision of the Trout Brook County Trail. 5. Law Enforcement The County sha{I be solely responsib4e to provide and pay the ful4 cost of policing the Trout Brook County Trail. All pofice services shal{ be under the cfirection and control of the Ramsey County Sheriff's Department. 6. Park Ordinances The Ordinance for Control and Management of Park, Recreation and Open Space Areas and Facilities Under the Jurisdiction of the Ramsey County Board of Commiss+oners, attached hereto as Exhibit I!, as passed and approved on Febr�ary 11, 1992, shafl be applicable to the Trout Brook County Trail. It is understood by the County and the City that, unless expressiy provided for, nothing in the ordinance or this agreement limits or restricts the activities of the City or its employees in carrying out their rights as the property owner. n � 7. City Public Works qq-1��- The City reserves unto itself all its rights to the site not herein or hereby expressly granted to the County, including but not limited to the right to install, at City expense, any works the City might deem desirable or necessary, and also the right to alter, extend, add, relocate or remove any of its works or porfions thereof now or in the future located within said site or adjacent thereto. The City further reserves the right to maintain and carry out aIl its operations in respect to any said works now or in the future located or relocated there within; and the right to permit continued existence, maintenance and necessary operation in respect to any duly authorized works of others heretofore installed within the site. ln the event the City finds it necessary to excavate within the trai! corridor, the City shall make reasonable efforts to limit the extent of excavation that impacts traif corridor improvements. The C+ty will have no obligation to repair areas within the trail corridor, damaged by the City, in carrying out its duties. The parties agree and understand ihat the property which is the subject of this agreement is currently used by the City for water controf and storm water ponding purposes and that the current or future use of the property by the City, for any purpose, shali take priority over the Gounty's use of the property. The parties further agree that the City reserves the right to take action to refocate the trail, if required, for the above-mentioned purposes. In the event that this re{ocation of the traii is required, the County and the City agree that ihey wiil work together in a cooperative fashion and utifize their best efforts to agree on issues relating to any relocation including the sharing of the cost thereof. The parties also agree to limit the extent and impact of any required relocation as much as practical. 8. Mutuallndemnification The County and the City agree to indemnify, defend and hold the other party harmless for all claims, demands, damages, costs orjudgments caused by or arising out of the negligence of the party or its agents or employees by virtue of their respective activities on ihe property. Nothing herein shall constitute a waiver by either party of Minnesota Statutes, Chapter 466, or other limitaiions of liability available in law. 9. Contractor Insurance The County shall require that its contractor(s) name the City as additiona{ insureds for all insurance policies required by the County for services and activities associated with the Trout Brook County Traii. Proof of said insurance shall be delivered to the City prior to commencement of any said activity within the trail corridor. 3 qq-I3y 10. Term of Agreement The term of this agreement sha11 be for 40 years commencing on the date this agreement is approved by both the County and the City. The agreement may be extended, in writing, for an additional term, prior to expiration of the current term, upon such terms as may be mutually agreeable between the County and the City. 11. Ownership of Capital Improvements All capital improvements constructed on the City's property shall become property of the City upon termination of this agreement or termination of any extention agreed to by and between the parties. 12. Existence and use of the trail corridor within said property, however long continued, shafl not vest the County in any lease hold, property or other rights therein adverse to the City. i3. 7he County shall obtain al! federai, state and loca! licenses or permits necessary to complete the work. 14. This agreement may be modified by mutal written agreement of the parties. IT IS SO ACaREED: COUNTY OF RAMSEY By Rafael ORega, Chair � Bonnie C. Jackelen Ghief Glerk-County Board Department Recommendation: Gregory A. Mack, Director Parks & Recreation Department Approved as to form: Assistant County Attorney CITY OF S7. PAUL By Mayor Date Approved as to form: By Assistant City Attorney By Director, Office of Financial Services By Director, Department of Public Works 4 Risk Management Sudgeting and Accounting Date qq-1�� 5 �� EXHIBIT Y Gtq-I /� ° �� C- =� O � t�R �kGLa: ca.�m ru¢ �,� CTO G��\ ti � r:,..,..� < C 1{ 1 ` ,� I: �� 1 � � °•� i I p ; . � -.�__:� [�� ) LJ �,� ✓ � �. ' �� ' h��/•"�.�'C'`,-J .. ��.; ., -� (' ° � �[ a eoCr��oo . •G ' - �,� p "' ��.� � L � �� t �--�. _ sl._ -� �� -� �--�--=- ----�-, ,�.�>_.�: _, �� .. t:::.-:. _�. , _..�:_.__� o , (_:: r<�:.. r�� - c � !; u � f o G iC� ,� Q t j "� l � n c � r"'_—`c�a U � �y�F.G"~ o �� n L�J ��... - �, C, C �,J no i. ��4r. �\} i . .t �.? m't ° � �� / � t '/ l/ �/ � � VMIflCpUK�Y `�/ / �� / P• D � (f // /�l 1J.� /�/ +!/ j� j/�- 7ROUT dROOK 7fLaIL 1 •. �// � .�i � 6�y�/ j /�` . �'/� ' hCJ.M�nir ��,�. f %J // a � �r'. . " / � Tw\:t /liC+a�EVT � � %�: $2GfFM3:0.3�.�199C �� // U'I � ^.i � % � " j �f � ' �/„�"' ' i � i , ;i%� �/�Y t�/�'� / % � / ¢:';{'i.l'�� . �%/'� � � I�))[tY � J/� �f.%1' / �.�.v nun"�i ta � , .aK-:.� 1 , �� ❑ � � Ay, j /� .M;'�:»4.., x • � i Q � � ��f:��`�L � �� , � ,�,t�, � (� ?�' v f Jy �j . 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' � �.� o �; . ,� Ca �� . : �S'•. � � � � � � � C�� c Council File # � 1��3 O R� G� NA L RESOLUTION creen sheet #�`Z�.4 � CITY OF SAINT PAUL, MINNESOTA �� Presented By " � � ��! �� Referred To Committee: Date i WHEREAS, Ramsey County is the recipient of a grant from the Minnesota Department of Natural 2 Resources for construction of the Trout Brook County Trail that extends from Lake McCarrons 3 County Park to the Gateway Segment of the Willard Munger State Trail; and 4 , 5 WHEREAS, the City of Saint Paul owns and manages properry along the proposed Trout Brook 6 County Trail as shown on Exhibit i; and 7 8 WHEREAS, the City and County desire to cooperate to develop the Trout Brook County Trail in 9 order to expand the recreaiional opportunities fior ihe citizens of Ramsey Counry; and 10 11 WHEREAS, Ramsey County agrees to pay all costs to construct, operate, maintain, and police the 12 Traif and to administer its construction; and 13 14 WHEREAS, the Trail will not interfere with City operations; and 15 16 WHEREAS, the County and the City, pursuant to the authority contained in Minnesota Statutes, 17 Section 471.49, commonly known as the Joint Powers Act, have proposed the a�tached Joint 18 Powers Agreement in order to accomplish the development and ongoing operation of the Trout 19 Brook County Trail. 20 21 NOW, THEREFORE BE IT RESOLVED that Council ofi the City of Saint Paul approve the Joint 22 Powers Agreement and authorize the appropriate City officials to execute it. 23 Requested by Department of: PUbI1C By: Adoption Certified by Council 5ecretary BY � �_�—�_ �� _„ �J Approved by M : Date f�d7 �7 � By: Form Approved by City / i . :..� � • Approved y�Mayor f r Submis ion to Council By: Adopted by Council : Date � Q-. .lC� �`l� `�-T DEPARTMENT/OFFICFJCAUNCII Public Works Richard Hedman MUST 8E ON CAUhCIL AGENDA BY IDATE� ASAP -- F��n \�. � < DATEINITIAiED GREEN SHEET '�'n 62544 Feb. 1 � � 999 iuinm met� 1�-' RogerPUChrei[er �I� � MAYOR � ASSIGN �� NUMBEA DICKRUPEFiT/ACCT.� 2'� � C{TYCOUNCIL _� p �� ' � DEPAR'IMENTDIAECiOR�-i❑ CrtYCLEFiK _ r-� ❑ ��Q�'� �FW.SERVICE$/ACCT. __ .� Cf(Y ATfORNEY ""'�� ' � � � _ TOTAL # OF SIGNANRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATUR� ACT10N REQUESTED Approve the attached resolution approving a Joint Powers Agreement (Exhibft A) between Saint Paul and Ramsey County allowing Ramsey Couniy to construct, operate, maintain and police the proposed Trout Brook County Trail on cily owned fand. RECOMMENDATIONS: Approve (A) or Reject (R) PLANNWG COMMISSION CIB COMMffTEE CIVIL SERVICE COMMISSION QERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this persoNfirm ever worked under a contract for this department? YES NO 2. Has this personffirm ever been a city employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any current city employee? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHI�: Ramsey County has received a grant from the Minnesota Department of Natural Resources to construct a trail from Lake McCarrons County Park to the Gateway Segment of the W illard Munger State Trail. It wiil be known as the Trout Brook County Traii. 7he county needs city approval to construct the trail on city owned fand, so the city attorney and the county attorney have proposed the attached Joint Powers Agreement. Under terms of the agreement, the county witl construct, operate and maintain the trail. Ramsey County has a deadline of June 30, 1999 to get this project under construction or face the loss of funds. ADVANTAGESIFAPPROVED: The trail will be part of the county trail system and will expand recreational opportunities for the citizens of Ramsey County. The trail will follow along open land rather than developed streets and neighborhoods. DISADVANTAGES IF APPROVED: NONE DiSADVANTAGE5IF NOT APPROVED: Ramsey County wil{ lose available funding if the agreement is rrot approved. The project will not be built without this furuSing. TOTAL AMOUNT OF TRANSACTION COST/REVENUE BUDGETED (CIRCLE ONE) �:L�] FUNDING SOURCE ACINITY NUMBER F{NANCIAL ISJFORMATION: (EXPLAIN) ��/6/ � DRAFT 1/22/99 JOINT POWERS AGREEMENT qq� BETWEEN RAMSEY COUNTY AND THE CITY OF ST. PAUL TROUT BROOK COUNTY TRAIL THIS AGREEMENT, is made and entered into this day of 199_, by and between the City of St. Paul, St. Paul, Minnesota, hereinafter called "City," and County of Ramsey, Minnesota, hereinafter called "County," both parties being governmental and pofitical subdivisions of the State of Minnesota. W fTNESSETN: WNEREAS, The City owns and manages property along Trout Srook as shown on Exhibit I; and WHEREAS, The Gounty is the recipient of a grant from the Minnesota Department of Natural Resources for construction of the Trout Brook County Trail that extends from Lake McCarrons County Park to the Gateway Segment of the Willard Munger State Trail; and WNEREAS, The Caunty and the City desire to cooperate to develop the Trout Brook County Trail in order io expand the recreation opportunities for the citizens of Ramsey County. NOW, THEREFORE, The County and the City, purs�ant to the authority contained in Minnesota Statutes, Section 471.59, commonly known as the Joint Powers Act, in order to accomplish the development and ongoing operation of the Trout Brook County Trail, agree as foliows: Development Plan The County, in cooperation with the City, has prepared a development plan that establishes the alignment for the 7rout Brook County Trail. The trail, as proposed, is 10 feet wide pavement with 10-foot turf/aggregate shoulders on each side, resuiting in a trail corridor of 30 feet. It is understood that the tra+! corridor may be subject to easements, licenses or permits granted by the City to third parties, l"he County, at its sole cost and expense, shali insure that the conditions of the easement, licenses and permits are complied with to the extent required. aq-�3� 2. Construction A. The County agrees to pay all costs associated with construction of trail corridor improvements, including the trai! treadway, retaining walls, gates, fences, street crossings, bridges, signs and traffic signals. B. The County shall prepare plans and specifications for construction in accordance with the development plan. The City shall review and approve the plans and spec+4ications for construction to assure there is no negative impact on the City's facilities within the corridor. No construction may occur until after the plan is presented to and approved by the City. C. The County shall solicit bids, award contracts and manage construction of the trail corridor. The County will consult with the C+ty during construction on alf improvements to assure that construction is consistent with approved plans and specifications. 3. Operation and Maintenance The County shall be solely responsible for operation and maintenance of the trailway and shoulders within the trail corridor and associated improvements, such as fences, gates, traffic signals, etc. All costs associated with the operation and maintenance of the traii corridor shal{ be borne solely by the County. 4. Signage The County shaii design, construct, instafl and maintain afl signs necessary for trail corridor operation. All signs shall be in conformance with the standards of the County parks and recreation system; however, all identification signs will acknowledge the cooperative relationship between the County and the City in the provision of the Trout Brook County Trail. 5. Law Enforcement The County sha{I be solely responsib4e to provide and pay the ful4 cost of policing the Trout Brook County Trail. All pofice services shal{ be under the cfirection and control of the Ramsey County Sheriff's Department. 6. Park Ordinances The Ordinance for Control and Management of Park, Recreation and Open Space Areas and Facilities Under the Jurisdiction of the Ramsey County Board of Commiss+oners, attached hereto as Exhibit I!, as passed and approved on Febr�ary 11, 1992, shafl be applicable to the Trout Brook County Trail. It is understood by the County and the City that, unless expressiy provided for, nothing in the ordinance or this agreement limits or restricts the activities of the City or its employees in carrying out their rights as the property owner. n � 7. City Public Works qq-1��- The City reserves unto itself all its rights to the site not herein or hereby expressly granted to the County, including but not limited to the right to install, at City expense, any works the City might deem desirable or necessary, and also the right to alter, extend, add, relocate or remove any of its works or porfions thereof now or in the future located within said site or adjacent thereto. The City further reserves the right to maintain and carry out aIl its operations in respect to any said works now or in the future located or relocated there within; and the right to permit continued existence, maintenance and necessary operation in respect to any duly authorized works of others heretofore installed within the site. ln the event the City finds it necessary to excavate within the trai! corridor, the City shall make reasonable efforts to limit the extent of excavation that impacts traif corridor improvements. The C+ty will have no obligation to repair areas within the trail corridor, damaged by the City, in carrying out its duties. The parties agree and understand ihat the property which is the subject of this agreement is currently used by the City for water controf and storm water ponding purposes and that the current or future use of the property by the City, for any purpose, shali take priority over the Gounty's use of the property. The parties further agree that the City reserves the right to take action to refocate the trail, if required, for the above-mentioned purposes. In the event that this re{ocation of the traii is required, the County and the City agree that ihey wiil work together in a cooperative fashion and utifize their best efforts to agree on issues relating to any relocation including the sharing of the cost thereof. The parties also agree to limit the extent and impact of any required relocation as much as practical. 8. Mutuallndemnification The County and the City agree to indemnify, defend and hold the other party harmless for all claims, demands, damages, costs orjudgments caused by or arising out of the negligence of the party or its agents or employees by virtue of their respective activities on ihe property. Nothing herein shall constitute a waiver by either party of Minnesota Statutes, Chapter 466, or other limitaiions of liability available in law. 9. Contractor Insurance The County shall require that its contractor(s) name the City as additiona{ insureds for all insurance policies required by the County for services and activities associated with the Trout Brook County Traii. Proof of said insurance shall be delivered to the City prior to commencement of any said activity within the trail corridor. 3 qq-I3y 10. Term of Agreement The term of this agreement sha11 be for 40 years commencing on the date this agreement is approved by both the County and the City. The agreement may be extended, in writing, for an additional term, prior to expiration of the current term, upon such terms as may be mutually agreeable between the County and the City. 11. Ownership of Capital Improvements All capital improvements constructed on the City's property shall become property of the City upon termination of this agreement or termination of any extention agreed to by and between the parties. 12. Existence and use of the trail corridor within said property, however long continued, shafl not vest the County in any lease hold, property or other rights therein adverse to the City. i3. 7he County shall obtain al! federai, state and loca! licenses or permits necessary to complete the work. 14. This agreement may be modified by mutal written agreement of the parties. IT IS SO ACaREED: COUNTY OF RAMSEY By Rafael ORega, Chair � Bonnie C. Jackelen Ghief Glerk-County Board Department Recommendation: Gregory A. Mack, Director Parks & Recreation Department Approved as to form: Assistant County Attorney CITY OF S7. PAUL By Mayor Date Approved as to form: By Assistant City Attorney By Director, Office of Financial Services By Director, Department of Public Works 4 Risk Management Sudgeting and Accounting Date qq-1�� 5 �� EXHIBIT Y Gtq-I /� ° �� C- =� O � t�R �kGLa: ca.�m ru¢ �,� CTO G��\ ti � r:,..,..� < C 1{ 1 ` ,� I: �� 1 � � °•� i I p ; . � -.�__:� [�� ) LJ �,� ✓ � �. ' �� ' h��/•"�.�'C'`,-J .. ��.; ., -� (' ° � �[ a eoCr��oo . •G ' - �,� p "' ��.� � L � �� t �--�. _ sl._ -� �� -� �--�--=- ----�-, ,�.�>_.�: _, �� .. t:::.-:. _�. , _..�:_.__� o , (_:: r<�:.. r�� - c � !; u � f o G iC� ,� Q t j "� l � n c � r"'_—`c�a U � �y�F.G"~ o �� n L�J ��... - �, C, C �,J no i. ��4r. �\} i . .t �.? m't ° � �� / � t '/ l/ �/ � � VMIflCpUK�Y `�/ / �� / P• D � (f // /�l 1J.� /�/ +!/ j� j/�- 7ROUT dROOK 7fLaIL 1 •. �// � .�i � 6�y�/ j /�` . �'/� ' hCJ.M�nir ��,�. f %J // a � �r'. . " / � Tw\:t /liC+a�EVT � � %�: $2GfFM3:0.3�.�199C �� // U'I � ^.i � % � " j �f � ' �/„�"' ' i � i , ;i%� �/�Y t�/�'� / % � / ¢:';{'i.l'�� . �%/'� � � I�))[tY � J/� �f.%1' / �.�.v nun"�i ta � , .aK-:.� 1 , �� ❑ � � Ay, j /� .M;'�:»4.., x • � i Q � � ��f:��`�L � �� , � ,�,t�, � (� ?�' v f Jy �j . 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' � �.� o �; . ,� Ca �� . : �S'•. � � � � � � � C�� c Council File # � 1��3 O R� G� NA L RESOLUTION creen sheet #�`Z�.4 � CITY OF SAINT PAUL, MINNESOTA �� Presented By " � � ��! �� Referred To Committee: Date i WHEREAS, Ramsey County is the recipient of a grant from the Minnesota Department of Natural 2 Resources for construction of the Trout Brook County Trail that extends from Lake McCarrons 3 County Park to the Gateway Segment of the Willard Munger State Trail; and 4 , 5 WHEREAS, the City of Saint Paul owns and manages properry along the proposed Trout Brook 6 County Trail as shown on Exhibit i; and 7 8 WHEREAS, the City and County desire to cooperate to develop the Trout Brook County Trail in 9 order to expand the recreaiional opportunities fior ihe citizens of Ramsey Counry; and 10 11 WHEREAS, Ramsey County agrees to pay all costs to construct, operate, maintain, and police the 12 Traif and to administer its construction; and 13 14 WHEREAS, the Trail will not interfere with City operations; and 15 16 WHEREAS, the County and the City, pursuant to the authority contained in Minnesota Statutes, 17 Section 471.49, commonly known as the Joint Powers Act, have proposed the a�tached Joint 18 Powers Agreement in order to accomplish the development and ongoing operation of the Trout 19 Brook County Trail. 20 21 NOW, THEREFORE BE IT RESOLVED that Council ofi the City of Saint Paul approve the Joint 22 Powers Agreement and authorize the appropriate City officials to execute it. 23 Requested by Department of: PUbI1C By: Adoption Certified by Council 5ecretary BY � �_�—�_ �� _„ �J Approved by M : Date f�d7 �7 � By: Form Approved by City / i . :..� � • Approved y�Mayor f r Submis ion to Council By: Adopted by Council : Date � Q-. .lC� �`l� `�-T DEPARTMENT/OFFICFJCAUNCII Public Works Richard Hedman MUST 8E ON CAUhCIL AGENDA BY IDATE� ASAP -- F��n \�. � < DATEINITIAiED GREEN SHEET '�'n 62544 Feb. 1 � � 999 iuinm met� 1�-' RogerPUChrei[er �I� � MAYOR � ASSIGN �� NUMBEA DICKRUPEFiT/ACCT.� 2'� � C{TYCOUNCIL _� p �� ' � DEPAR'IMENTDIAECiOR�-i❑ CrtYCLEFiK _ r-� ❑ ��Q�'� �FW.SERVICE$/ACCT. __ .� Cf(Y ATfORNEY ""'�� ' � � � _ TOTAL # OF SIGNANRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATUR� ACT10N REQUESTED Approve the attached resolution approving a Joint Powers Agreement (Exhibft A) between Saint Paul and Ramsey County allowing Ramsey Couniy to construct, operate, maintain and police the proposed Trout Brook County Trail on cily owned fand. RECOMMENDATIONS: Approve (A) or Reject (R) PLANNWG COMMISSION CIB COMMffTEE CIVIL SERVICE COMMISSION QERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this persoNfirm ever worked under a contract for this department? YES NO 2. Has this personffirm ever been a city employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any current city employee? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHI�: Ramsey County has received a grant from the Minnesota Department of Natural Resources to construct a trail from Lake McCarrons County Park to the Gateway Segment of the W illard Munger State Trail. It wiil be known as the Trout Brook County Traii. 7he county needs city approval to construct the trail on city owned fand, so the city attorney and the county attorney have proposed the attached Joint Powers Agreement. Under terms of the agreement, the county witl construct, operate and maintain the trail. Ramsey County has a deadline of June 30, 1999 to get this project under construction or face the loss of funds. ADVANTAGESIFAPPROVED: The trail will be part of the county trail system and will expand recreational opportunities for the citizens of Ramsey County. The trail will follow along open land rather than developed streets and neighborhoods. DISADVANTAGES IF APPROVED: NONE DiSADVANTAGE5IF NOT APPROVED: Ramsey County wil{ lose available funding if the agreement is rrot approved. The project will not be built without this furuSing. TOTAL AMOUNT OF TRANSACTION COST/REVENUE BUDGETED (CIRCLE ONE) �:L�] FUNDING SOURCE ACINITY NUMBER F{NANCIAL ISJFORMATION: (EXPLAIN) ��/6/ � DRAFT 1/22/99 JOINT POWERS AGREEMENT qq� BETWEEN RAMSEY COUNTY AND THE CITY OF ST. PAUL TROUT BROOK COUNTY TRAIL THIS AGREEMENT, is made and entered into this day of 199_, by and between the City of St. Paul, St. Paul, Minnesota, hereinafter called "City," and County of Ramsey, Minnesota, hereinafter called "County," both parties being governmental and pofitical subdivisions of the State of Minnesota. W fTNESSETN: WNEREAS, The City owns and manages property along Trout Srook as shown on Exhibit I; and WHEREAS, The Gounty is the recipient of a grant from the Minnesota Department of Natural Resources for construction of the Trout Brook County Trail that extends from Lake McCarrons County Park to the Gateway Segment of the Willard Munger State Trail; and WNEREAS, The Caunty and the City desire to cooperate to develop the Trout Brook County Trail in order io expand the recreation opportunities for the citizens of Ramsey County. NOW, THEREFORE, The County and the City, purs�ant to the authority contained in Minnesota Statutes, Section 471.59, commonly known as the Joint Powers Act, in order to accomplish the development and ongoing operation of the Trout Brook County Trail, agree as foliows: Development Plan The County, in cooperation with the City, has prepared a development plan that establishes the alignment for the 7rout Brook County Trail. The trail, as proposed, is 10 feet wide pavement with 10-foot turf/aggregate shoulders on each side, resuiting in a trail corridor of 30 feet. It is understood that the tra+! corridor may be subject to easements, licenses or permits granted by the City to third parties, l"he County, at its sole cost and expense, shali insure that the conditions of the easement, licenses and permits are complied with to the extent required. aq-�3� 2. Construction A. The County agrees to pay all costs associated with construction of trail corridor improvements, including the trai! treadway, retaining walls, gates, fences, street crossings, bridges, signs and traffic signals. B. The County shall prepare plans and specifications for construction in accordance with the development plan. The City shall review and approve the plans and spec+4ications for construction to assure there is no negative impact on the City's facilities within the corridor. No construction may occur until after the plan is presented to and approved by the City. C. The County shall solicit bids, award contracts and manage construction of the trail corridor. The County will consult with the C+ty during construction on alf improvements to assure that construction is consistent with approved plans and specifications. 3. Operation and Maintenance The County shall be solely responsible for operation and maintenance of the trailway and shoulders within the trail corridor and associated improvements, such as fences, gates, traffic signals, etc. All costs associated with the operation and maintenance of the traii corridor shal{ be borne solely by the County. 4. Signage The County shaii design, construct, instafl and maintain afl signs necessary for trail corridor operation. All signs shall be in conformance with the standards of the County parks and recreation system; however, all identification signs will acknowledge the cooperative relationship between the County and the City in the provision of the Trout Brook County Trail. 5. Law Enforcement The County sha{I be solely responsib4e to provide and pay the ful4 cost of policing the Trout Brook County Trail. All pofice services shal{ be under the cfirection and control of the Ramsey County Sheriff's Department. 6. Park Ordinances The Ordinance for Control and Management of Park, Recreation and Open Space Areas and Facilities Under the Jurisdiction of the Ramsey County Board of Commiss+oners, attached hereto as Exhibit I!, as passed and approved on Febr�ary 11, 1992, shafl be applicable to the Trout Brook County Trail. It is understood by the County and the City that, unless expressiy provided for, nothing in the ordinance or this agreement limits or restricts the activities of the City or its employees in carrying out their rights as the property owner. n � 7. City Public Works qq-1��- The City reserves unto itself all its rights to the site not herein or hereby expressly granted to the County, including but not limited to the right to install, at City expense, any works the City might deem desirable or necessary, and also the right to alter, extend, add, relocate or remove any of its works or porfions thereof now or in the future located within said site or adjacent thereto. The City further reserves the right to maintain and carry out aIl its operations in respect to any said works now or in the future located or relocated there within; and the right to permit continued existence, maintenance and necessary operation in respect to any duly authorized works of others heretofore installed within the site. ln the event the City finds it necessary to excavate within the trai! corridor, the City shall make reasonable efforts to limit the extent of excavation that impacts traif corridor improvements. The C+ty will have no obligation to repair areas within the trail corridor, damaged by the City, in carrying out its duties. The parties agree and understand ihat the property which is the subject of this agreement is currently used by the City for water controf and storm water ponding purposes and that the current or future use of the property by the City, for any purpose, shali take priority over the Gounty's use of the property. The parties further agree that the City reserves the right to take action to refocate the trail, if required, for the above-mentioned purposes. In the event that this re{ocation of the traii is required, the County and the City agree that ihey wiil work together in a cooperative fashion and utifize their best efforts to agree on issues relating to any relocation including the sharing of the cost thereof. The parties also agree to limit the extent and impact of any required relocation as much as practical. 8. Mutuallndemnification The County and the City agree to indemnify, defend and hold the other party harmless for all claims, demands, damages, costs orjudgments caused by or arising out of the negligence of the party or its agents or employees by virtue of their respective activities on ihe property. Nothing herein shall constitute a waiver by either party of Minnesota Statutes, Chapter 466, or other limitaiions of liability available in law. 9. Contractor Insurance The County shall require that its contractor(s) name the City as additiona{ insureds for all insurance policies required by the County for services and activities associated with the Trout Brook County Traii. Proof of said insurance shall be delivered to the City prior to commencement of any said activity within the trail corridor. 3 qq-I3y 10. Term of Agreement The term of this agreement sha11 be for 40 years commencing on the date this agreement is approved by both the County and the City. The agreement may be extended, in writing, for an additional term, prior to expiration of the current term, upon such terms as may be mutually agreeable between the County and the City. 11. Ownership of Capital Improvements All capital improvements constructed on the City's property shall become property of the City upon termination of this agreement or termination of any extention agreed to by and between the parties. 12. Existence and use of the trail corridor within said property, however long continued, shafl not vest the County in any lease hold, property or other rights therein adverse to the City. i3. 7he County shall obtain al! federai, state and loca! licenses or permits necessary to complete the work. 14. This agreement may be modified by mutal written agreement of the parties. IT IS SO ACaREED: COUNTY OF RAMSEY By Rafael ORega, Chair � Bonnie C. Jackelen Ghief Glerk-County Board Department Recommendation: Gregory A. Mack, Director Parks & Recreation Department Approved as to form: Assistant County Attorney CITY OF S7. PAUL By Mayor Date Approved as to form: By Assistant City Attorney By Director, Office of Financial Services By Director, Department of Public Works 4 Risk Management Sudgeting and Accounting Date qq-1�� 5 �� EXHIBIT Y Gtq-I /� ° �� C- =� O � t�R �kGLa: ca.�m ru¢ �,� CTO G��\ ti � r:,..,..� < C 1{ 1 ` ,� I: �� 1 � � °•� i I p ; . � -.�__:� [�� ) LJ �,� ✓ � �. ' �� ' h��/•"�.�'C'`,-J .. ��.; ., -� (' ° � �[ a eoCr��oo . •G ' - �,� p "' ��.� � L � �� t �--�. _ sl._ -� �� -� �--�--=- ----�-, ,�.�>_.�: _, �� .. t:::.-:. _�. , _..�:_.__� o , (_:: r<�:.. r�� - c � !; u � f o G iC� ,� Q t j "� l � n c � r"'_—`c�a U � �y�F.G"~ o �� n L�J ��... - �, C, C �,J no i. ��4r. �\} i . .t �.? m't ° � �� / � t '/ l/ �/ � � VMIflCpUK�Y `�/ / �� / P• D � (f // /�l 1J.� /�/ +!/ j� j/�- 7ROUT dROOK 7fLaIL 1 •. �// � .�i � 6�y�/ j /�` . �'/� ' hCJ.M�nir ��,�. f %J // a � �r'. . " / � Tw\:t /liC+a�EVT � � %�: $2GfFM3:0.3�.�199C �� // U'I � ^.i � % � " j �f � ' �/„�"' ' i � i , ;i%� �/�Y t�/�'� / % � / ¢:';{'i.l'�� . �%/'� � � I�))[tY � J/� �f.%1' / �.�.v nun"�i ta � , .aK-:.� 1 , �� ❑ � � Ay, j /� .M;'�:»4.., x • � i Q � � ��f:��`�L � �� , � ,�,t�, � (� ?�' v f Jy �j . 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