00-1010Council File # 4�� ��1�
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Green Sheet # 10f� lD
C
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Presented By
RESOLUTION
SAINT PAUL, MINNESOTA
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55
Referred to
Committee: Date
1 WHEREAS, the Saint Paul City Council by its Resolution 99-810 approved a
2 Memorandum of Understanding (MOI� dated August 2, 1999 by and between the City of Saint
3 Paul and the State of Minnesota, Department of Transportation (MiiDOT), wherein the City
4 approved the Preliminary Layout known as Alternate 4 for the Le�ngton Avenue Bridge (I35E)
5 over the Mississippi River, and in return, MnDOT agreed upon certain conditions of the project,
6 and
WHEREAS, MnDOT has proceeded with its bridge planning, design and engineering
work based upon said Alternate 4 and the agreements incorporated in said MOU, and
9 WHEREAS, authorizations for approval by the City of Saint Paul for certain aspects of
10 the project are necessary at this time in order for MnDOT to proceed to the final design and
11 engineering phase of its work, as follows:
12
13
14
15
Authorization for approval of a limited use permit between the City, NInDOT and
Dakota County for the maintenance of the pedestrian-bicycle trail across the bridge.
3. Authorization for approval ofproject mitigation measures to satisfy federal4(fl
requirements.
16 3. Authorization for approval of temporary construction easements and a permanent
17 maintenance easement over City parkland in Crosby Farm Regional Park, recommended
18 for approval by the Saint Paul Parks and Recreation Commission in accordance with City
19 Charter Section 13.01.1., and
20 WHEREAS, MnDOT has prepared a Limited Use Permit (E�ibit A) which establishes
21 the proposed terms and conditions for City's and Dakota County's maintenance of the
22 pedestrian-bicycle trail across the bridge, and
23 WHEREAS, MnDOT has prepared a Memorandum of Agreement (MOA) (E�ibit B)
24 which establishes the proposed terms and conditions for City and MnDOT agreement for the
25 project, including a trail system tunnel under the I35E right of way, temporary and permanent
26 easements, and project mitigarion measures, and
Page 1 of 3
Council File # � �
Green Sheet # � �
RESOLUTION
CITY OF SAINT PAUL, MiNNESOTA
Presented By
Referred to
Committee: Date
27
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29
WIIEREAS, the Saint Paul Parks and Recreation Commission, the Bicycle Advisory
Boazd and the Saint Paul and Ramsey County Friends of the Pazks and Trails have a11 endorsed
construction of the trail system tmuiel (E�ibit C), and
30 WHEREAS, the City's Department of Public Works and Division of Parks and
31 Recreation concur with the project design to date including the Limited Use Permit, provision of
32 the trail system tunnel, temporary and permanent easements and project mitigation measures and
33 recommend approval,
34
35
36
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39
40
41
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NOW THEREFORE BE IT RESOLVED, by the Council of the City of Saint Paul, that
the proper City officials are hereby authorized and directed to:
Enter into a Limited Use Permit between City, MnDOT and Dakota County for the
maintenance of the pedestrian-bicycle trail across the bridge (E�ibit A).
2. Enter into a Memorandum of Agreement, including project mitigation measures,
dedication of temporary and permanent easements and trail system tunnel, and CiTy
agrees to waive compensation for said easements subject to MnDOT's agreement to
include the trail system tunnel in the project (E�ibit B).
FURTHER RESOLVED, that City requires retention of the pedesirian walkway along
Shepazd Road, beneath I35E.
Page 2 of 3
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Council File #
Green Sheet # IOIo 10
Presented By
Referred to
Committee: Date
Requested by:
Adopted by Council:
Adopti
By —
Appr
By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Date (P��p�
by Council Secretary
Form Approved by City At-�
By:
�Approved y Mayor for Submission to
Council
B y : �/_� U ���'r��.
Page 3 of 3
DEPARTMENT/OFFICE/COUNQL DATE INITIATED �
Parks and Recreation, Public Works GREEN SHEET NO. 106710
Reai Estate Oct 7 6, 20�0 �� k ,D� , �
CONTACT PEflSON ANO PHONE �NITIAUDAiE INITIAUDATE
John Wirka 266-6411, Leon Pearson � pEpAflTMENTDIflECTOH 4 cirvcouNCa
266-6781, Peter White 266-68853 /�^ �GN —
NUMBER FOR� 2 a,v nrrrn�� e 5 ar� c�Enx
HOUNIG
MUST BE ON COUNC�L AGENpA BV (DATE7 OR�EH FINANCIAL SERVICES DIR. FINANpAL SEPVICES/ACCOUNTING
3 MAYOR (OR ASSISTANT) G PAFKS AND RECRFATION
, ri, �
TOTAI 8 OF SIGNAiUPE PAGES 1 (CLIP ALL LOCAl10N5 FOR SIGNATURE)
ACTION REQUESTED:
Approval of City Council Resolution Authorizing City to enter into a Memorandum of AgreemeM with MnDOT for
construction of 135E Sridge, and a Limited Use Permit with MnDOT and Dakota County for maintenance of pedestrian-
bicycle trail on bridge.
RECOMMENDATIONS: Approve �A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_PLANNING COMMISSION _CIVIL SERVICE COMMISSION �, Has [his persoNfirm ever worketl under a con[ract for this tlepartment?
CIB COMMITTEE __ YES NO
.4 STAFF 2. Has [�is person/firtn ever b¢en a tiry ¢mployee?
—� YES N�
DISTPILT GOUNqL
— — 3. Does [his person/firm possess a skill no[ rwrmaily possesseC by any curren[ City employee?
SUPPORTS WHICH COUIdC1L OBJECTIVE? YES NO
Explain al� yes answers on separate sheet and attach to green sheet.
INITIATING PflOBLEM, ISSUE, OPPORTUNITV IWho, What, When, Where, Why�:
City staff and MnDOT staff have worked together for several years to develop mutually acceptable plans for
reconstruction of the 135E bridge crossing the Mississippi River. On August 18, 1999 the City Council approved the
prefiminary pian known as Atternate 4, and that plan has been further developed in accordance with a Memorandum of
Uoderstanding between City and MnDOT, such that all parties are in agreement and recommend approval.
Specific approvals authorized by this resolution are for City to enter into:
1. A Limited Use Permit with MnDOT and Dakota County estabiishing each agency's respective responsibilities for
maintenance of trail on the new bridge.
2. A Memorandum of Agreement between MnDOT and City approving temporary construction easements, permanent
maintenance easement, mitigation measures and inclusion of a trail system tunnel under 35E in the project, for which
the City waives compensation for easements.
ADVANTAGESIFAPPROVED
DISADVANTAGES IF APPROVED
DISADVANTAGES IF NOTAPPROVED
TOOTAL AMOVNT OF TRANSACTION 9 COST/REVENUE BUDGEfED (qRCLE ONE) YES NO
FUNOING SOURCE ACTNITY NUMeER
FINANCIAL INPoftMATION: (EXPLAIN�
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This Memorandum of Agreement between the State of Minnesota, Department of
Transportation, and the City of St. Paul sets forth various mitigation actions and including the
construction of a trail tunnel in return far zero dollar temporary easement and permanent
easement.
Date
Minnesota, Department of Transportarion
Date
City of St Paul
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MEMORANDUM OF AGREEMENT
Tlus Memorandum of Agreement is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter refened to as the "State" and the City of
St Paul, hereinafter referred to as the "City."
The State needs and the City is willing to transfer zero dollar temporary easements and one zero
dollar pennanent easement in retum for construction of a trail tunnel under Interstate 35E
(I35E) and various other mirigation. The temporary easements aze needed for a project that will
construct a new I35E bridge over the Mississippi River (the Le�ngton Bridge), and the
permanent easement is needed for access to maintain the Lexington Bridge.
In consideration of the impacts, described herein, to City-owned 4(fj resources (including the
use and occupation of City-owned Hidden Falls/Crosby Fann Regional Park), the State will
provide the mitigation described herein, including the construction of a trail tunnel under I35E.
(See E�ibit 1 for map showing location of tunnel).
In reriun for the mitigation described herein, the City will provide to the State zero dollar �•_
temporary easements and gernuts to construct, and one zero dollaz permanent easement for
bridge maintenance access, all easements as described in E�ibit 2 and shown in Exhibits 3A
and 3B. Furthermore, the mitigation, inciuding conskuction of the trail tunnel under I35E, will
be full safisfaction of the provisions of the St Paul City Charter, Sec6on 13.01.1, as it applies to
a11 the easements needed in St Paul pazkland for the conshvction of the Le�ngton Bridge and
also including the permanent maintenance easement for access to the Le�ungton Bridge.
Furthermore, the mitigation herein agreed to is part of an overall package, not an item-by-item
restitution. Thus, the tunnel to be built by the State, the flowage easement at Watergate Marina
to be provided by the City, and the permanent easement (for bridge maintenance access) to be
provided by the City, are all part of this agreement. Also, tlus document describes ali
anticipated impacts to City-owned 4( fl properties and the complete mitigafion for those
impacts, as agreed to by the City and the State.
IMPACTS AND MITIGATION
The State has worked for over two yeazs with the Pazks and Recreation Department of the City
of St Paul in order to m;nimize impacts to the City's pazkland from the State's Le�ngton
Bridge project, and also to determine appropriate mitigation for the impacts to City-owned
pazkland resulting from the State's project. Both the City (including the City's Department of
Pazks and Recreation) and the State agree that the encroachment into parkland and the impacts
to pazkland will have no significant long term effect on the use of the park, and that the
mitigation agreed to is appropriate.
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As a result of these communications, both the State and the City (including the City's
Depaztment of Pazks and Recreation) agree with the description herein of the Le�ngton Bridge
projecYs impacts to both Hidden Falls/Crosby Farm Kegional Pazk and to Watergate Mazina,
and both agree to the mitigation for those impacts described herein, the mitigation to be done
by the State.
IMPACTS
Occupation of and easements in 4(f) Properties
The occupation and easements will be for the purposes of construction and construction access for
the Le�ungton Bridge project, with the excepfions of: (1) a flowage easement for potential
temporary flood stage increases caused by the Lexington Bridge project (see below, Flood Stage
Increase at Watergate Marina), (2) easements that may be needed to mitigate for wetland impacts
resulting from the Lexington Bridge project, and (3) a permanent easement for access to the bridge
for maintenance purposes. All easements are listed in Exhibit 2 and aze shown graphically in
E�ibits 3A and 3B. The easements in the park are also needed to implement a landscaping project,
which is par[ of the mitigation and that will follow the Lexington Bridge project.
Occupation and Construc6on Easements
In order to construct the new Lexington Bridge it will be necessary to occupy 4( fl land owned by
the City of St Paul, in Hidden Fa11s1Crosby Farm Regional Park. This park consists of a total of
674.5 acres. The area of parkTand to be occupied for the project will be approximately 4.2 acres,
about 0.62% of the park's total azea. Up to two addirional acres may be occupied for wetland
mitigation if it is deemed feasible to mitigate in Crosby Fazm Pazk and if the City's Parks and
Recreation Department agrees to such mitigation.
Flowage Easement at Watergate Marina
A flowage easement is needed by the State to satisfy the State DNR requirements regazding the
Lexington Bridge project's potential to temporarily increase the flood stage ofthe Mississippi
River. This easement at Watergate Marina, which is upstream from the project site, is explained
in below under the title: Flood Stage Increase at Watergate Marina.
Wetland Mitigation Easements
If on-site wefland mitigation is determined to be feasible and if the City Pazks and Recreation
Depar�ent agrees to on-site mitigarion, easements will be needed in the park for both
construction and maintenance of the wetland. Although the area needed for these potential
easements has not yet been detennined, they are described in E�ibit 2 and shown graphically
in E�ibit 3A. These easements, if needed, will be part of the mitigation, and as such will not
be part of the impacts to the pazk.
Permanent Bridge Maintenance Access Easement
As part of the negotiations between the State and the City, a pennanent easement allowing the
State access to the bridge for maintenance purposes is also included in this agreement. The azea
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of ttris easement has not yet been determined, but will be no more that #he 239 acres needed for
the construction access easement and its azea will be within the boundaries of the construction
access easement (easement # 2).
Flood Stage Increase at Watergate Marina
The project will requue placing temporary fill in the floodplain (during construction) for the
access road and the construction staging azea. This fill may cause an increase in the flood stage
upstream if a major flood occurs during the construction period. Watergate Marina is a City-
owned facility upstream from the project that could be affected by this potential flood stage
increase. The estimated increase in flood stage for a 100-yeaz flood at the marina is six inches.
(See Exhibit 5, which shows graphically the projected potentiai flood stage increase).
Because of the potential increase in the flood stage during a major flood, the State DNR
requires that State obtain a flowage easement from the City for the temporary period affected.
The City has agreed to grant the State a zero dollar flowage easement as described in E�ibit 2
and shown in Extribit 3B. The flowage easement will grant the State the right to flood the azea
of the marina buildings up to six inches above the 100-year flood level. However, if a major
flood occurs, the City plans to sandbag to protect the main marina building as it did in the 1997
flood. (The storage building was allowed to flood in 199'n. The estimated additional cost to the
City (if a major flood occurs) would be the cost of additional sandbagging to raise the barrier
by six inches.
Trees
This project requires removal of floodplain trees from City of St. Paul pazkland to build a
construction staging pad and an access road to the pad. After working closely for over two years
to minimize these removals, the City and the State have agreed that the level of tree removals is
acceptable.
The goal of m;n;mizing tree impacts has been accomplished by greatly reducing the construction
staging area to a minimum practical size, and by a plan for locating approximately one third of the
staging azea in the river channel (by using sheet piling and placing fill in the river}. Furthermore,
the planned access road has been realigned, per City directions, to minimize uee impacts along the
road. As a result of these cooperative efforts, the number of lazge trees (over two feet in diameter)
to be removed has been reduced from about 34 trees to 17 trees.
Pond
The proposed Le�ngton Bridge, unlike the existing bridge, will not drain water directly into
the Mississippi River. Runoff from the highway bridge will be channeled to the eaiisting
holding pond west of I35E.
A sma11 amount of shallow excavation will be done to increase the pond's capacity. (The azea
will not exceed 0.1 acres). And a sldmmer structure will be constructed to prevent debris from
clogging the inlet of the pond's outlet pipe. More discussion is needed with the St Paul Park
staff to work out the details.
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Wetland
Five wetland sites have been identified near the construction site. Of those five, three aze
wetlands in the pazk that will be impacted by the project. (All wetlands impacted, whether in
the pazk or not, will be mitigated in full compliance with the WCA and the COB regulations).
The weflands in Hidden Falls/Crosby Fazm Pazk that will be impacted by the project are shown
in the map in Eaihibit 4.
Table 1 below shows both the temporary and permanent wetland impacts in Hidden
Falls/Crosby Farm Regional Park. There will be a temporary (during construction) impact to
2.1 acres of wefland in the park. Of this, 1.92 acres aze patt of Wefland No. 1(located at the
construction staging azea) and 0.17 acres are in Wetlands No. 3 and 5(along the access road).
The total permanent wefland impact will be about 0.1 acre. Almost all of the permanent impact
is in Wetland No. 3, with about 3% of it in Wefland No. 5.
TABLE 1
Wetland Impacts in Crosby Pazk
(acres)
Wetland Temporary Fill Permanent Fill
1 1.92
3 0.12 0.09
5 0.05 0.002
Total 2.09 0.092
MITIGATION
Tunnel
The State will construct, as part of its Lexington Bridge project, a tunnel underpass of I35E, as
shown in Exhibit 1, for the purpose of pmviding a route for the City's Shepazd Road trail across
I35E that does not cross the on- and off-ramps at grade.
Trees
To protect perixneter trees at the north and west ends of the conshuction pad, place 20 to 40 foot
wide geoteattile strip at these locations, which will reduce disturbance to the topsoil. To
minimize compaction and disturbance to the floodplain floor in the construction pad area, place
1' to 2' of a protective layer (e.g., wood chip, corncob, sand, pea-rock, grauel).
If necessary to re-establish a soil profile conducive to growing a healthy floodplain forest,
decompact the construction pad azea after removal of the fill. Soil ripping should be kept a
minimum of 20 feet from the trunks of perimeter trees on the north aad west sides of the
construction pad.
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Place temporary fencing at the construction limits prior to construction activities in order to
prevent injury to remaining trees on the perimeter of the constniction pad, the haul road and any
other locations where there are tree impacts. Silt fence can serve as tree protection in lieu of
temporary fencing where the two would overlap. However, along some azeas this conflicts with
the goal of allowing animal crossings (e.g., the access road area close to the staging pad). In any
case, the State is aware that there aze animal migration patterns, especially turtles and deer, and
the State plans to include measures that will enable these pattems. We will continue to work
with the St Paul Pazk staff to determine the best mix of bazriers and openings.
Reforest the floodplain area with the same species of bottomland hardwoods slated for removal
at a rate of 1200 trees and shrubs per acre (600 trees and 600 shrubs). For the trees use a rate of
40% eastern cottonwood, 30% silver maple, 20% green ash, and 10% black willow. American
elm and boxelder will seed themselves. Suitable shrubs include sandbaz willow, red-osier
dogwood, and false indigo. Reforest the bottomland areas with a combination of lazge balled-
and-burlapped trees, medium baze-root whips (4'-8' tall), and small baze-root seedling grade
plant stock (1'-2' tall). Ten balled-and-burlapped h�ees, 200 baze-root whips, and appma�imately
1000 seedlings per acre. (A11600 shrubs could be seedlings). To protect from deer and rabbits
all balled-and-burlappefl trees will be protected with a 4' tall hardware cloth cylinder, and a11
baze-root whip trees will be protected with 5' ta11 tree shelters. Seedling grade material will not
receive protection. Wood clup mulch will not be required in the floodplain. This work to be part
of a separate landscaping contract.
At I35E and Shepazd Road interchange, do landscaping with a vegetation regime. Work with
the St Paul Pazks staff to incorporate concepts from the "Great Kiver Greening" program. This
work to be part of a separaie landscaping contract.
Wetland
The State is investigating the possibility that mitigation for the wefland impacts in Crosby Fazm
Pazk can be done on-site in the pazk. The State would prefer mirigating in the park and will
continue working with the City Pazks and Recreation Department in implementing on-site
mitigation if feasible. Mitigation will be fully in compliance with the WCA and the COE.
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LIST OF EXHIBITS
E�IT 1
Map of project showing location of tunnel
EXHISIT 2
Table of all easements in City-owned properties
EXHIBIT 3A
Map showing location of easements in Hidden Falls/Crosby Farm
Regional Park
EXHIBIT 3B
Map showing location of flowage easement at Watergate Marina
EXHIBIT 4
Map showing wetlands in Hidden Falls/Crosby Farm Regional
Park that are impacted by the project
EXHIBIT 5
Graph and data showing the potential increase in the Mississippi
River flood stage during construction of the project
pp-�o�o
EXHIBIT 2
Easements in St Paul Parkland
Needed For SpeciTic Use Location Area Permanent Start End
(Acres) or
Temporary
1 Projea Access Road Crosby Park 2.39 Temporary January I, December 31,
Construc[ion East of 35E 2001 2007
Ac[ivities
2 Project Conswction Siaging Pad Crosby Pazk 1.68 Temporary Januazy 1, December 31,
ConsWC[ion West of 35E 2001 2007
Activi5es Along the river
3 Prqect ConsttucUOn of Pond Crosby Park 0.1 Temporary January 1, December 31,
Conswc6on Skimmer Swcture West of35E (Estimazed) 2001 �.2007
Aotivifies
4 DNR Flowage Easement Watetgate Mazina Area of marina Temporary January 1, December 31,
Requvement buildipgs 2001 2006
for Project
Permit
5 ConsWCtion & WeUand Crosby Pazk To be Temporary January i, December 31,
Maintenence of Creation/Enhancement East of 35E determined 2001 2011
WeUand and as agreed
(Project to by Ciry
Mitigation)
6 Access for Access Road Crosby Park To be Temporary 7anuary I, December 31,
Wetland Eastof35E determined, 2001 2011
Maintenance but no more
(Project than 2,39
Mitigatio�)
7 Permanent Access Road Crosby Park To be Pemianent January l, Permanent
Accessfoc Eastof35E detecmined, 2007
Bridge but no more
Maintenance than 2.39
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S.P. 1982-129 (T.H. 35E)
C.S. 1982 (35E=390) 901&902
County of Dakota
Dakota County Trail Commission
S.P. 6280-307 (T.H. 35E)
C.S. 6280 (35E=390) 901&909
County of Ramsey
St. Paul Park & Recreation Dept.
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
THIS LIMITED USE PERMIT, shail govern the operations of a pedestrian tunnel and non-motorized
recreational traits (hereinafter called "City/County trails") and requiring the use of chain-link fencing
and lockable pedestrian gates for permitted ingress/egress to the "controlled access" T.H. 35E right
of way corridor referenced herein, and is made between the STATE OF MINNESOTA,
DEPARTMENT OF TRANSPORTATION (herein calied the "State" or "Mn/DOT"), and both the CITY
OF SAINT PAUL, (herein called the "City") and DAKOTA COUNTY, (herein calied the "County").
WHEREAS, under contract specifications developed for the State's Projects Numbered 1982-129
(T.H. 35E) and 6280-307 (T.H. 35E), Mn/DOT will construct its proposed northbound Mississippi
River bridge and railings to accommodate the City/County bridge trail and City operated bridge trail
lighting system, construct non-motorized City/County recreational trails and a City pedestrian tunnel,
and place State's fencing (w/pedestrian gates) as necessary to delineate and control access to the
T.H. 35E right of way corridor. Said trails, lighting system, bridge rails, tunnel and pedestrian gates
are to be operated, maintained and supervised by the City and County, as part of their respective trail
systems, by the schedule contained herein; now and
In accordance with Minnesota Statutes Section 161.434 and Federal-Aid Policy Guide, Part 652, a
Limited Use Permit is hereby granted to the City and the County, as Joint Permittees. This Permit is
for the purpose of governing their operations, maintenance and supervision of said non-motorized
trails, bridge trail lighting system, bridge rails, pedestrian tunnel and pedestrian gates, as such
improvements are located within fhe right of way of Trunk Highway IVo. 35E and as shown cofored in
red on Exhibit "A," which is attached hereto and incorporated herein by reference.
Page 1 of 6
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This permit is executed by the Joint Permittees pursuant to their attached resolutions. In addition,
the foilowing special provisions shall apply:
SPECIAL PROVISIONS
1. The operation, maintenance and supervision of the City/County trails, City operated lighting
system and City/County bridge trail, and City tunnel shall be at no expense to the Minnesota
Department of Transportation. The annual period of such permitted operations will be from April
1 to October 31(inclusive), or as extended by the Minnesota Department of Transportation, through
its Office of the Metro Division Engineer, and excepting any closure of the City/County bridge
trail for safety reasons as determined by the Minnesota Department of Transportation, through
its Office of the Metro Division Engineer. The Permittees, as operators of the City/County
trails, City operated bridge trail lighting system, City/County bridge trail, and City tunnel shall
also have the right and responsibility to close the trails, as they deem necessary, with proper
notice given to the Office of the Metro Division Engineer.
2. Excepting future structural repairs to be provided by Mn/DOT on that portion of the T.H. 35E
bridge, for bridge rails and that part of the bridge deck that underlays the City/County bridge
trail surFace, any and all other normal maintenance of the City/County trails, City operated
bridge trail lighting system and bridge railings (delineating the City/County bridge trail), and
City tunnel, shall be provided by the Permittees within their respective corporate boundaries
,(except as modified in section A below); this includes, but is not limited to, the plowing and
` removal of snow, the sweeping and removal of sand/ref.use and solid debris, installation and
removal of regulatory and informational signs, all costs of electricity and maintenance for the
bridge trail lighting system, regular maintenance of all trail surFaces including joint and crack
repair, repainting (or cleaning) of graffiti from tunnel walls, bridge railings and trail surfaces,
regular law enforcement related to the safe and proper utilization of the City/County trails and
City tunnei, and regular inspection for debris and graffiti found to affect the safety and
aesthetics of the highway environment.
A.) With respect to the following maintenance duties, the responsibilities of each Joint
Permittee are as follows:
A1.) Dakota County shall be responsible for the following issues on the City/County
trail system from its terminus in Dakota County to the easterly entrance of the
City tunnel (under I-35E) located in Ramsey County:
a.) the plowing and removal of snow and ice,
b.) the sweeping and removal of sand and debris,
c.) regulaz inspection and cleaning of debris found to affect the safety, aesthetics
of the lughway environment.
A2.) The City of St. Paul shall be responsible for the following issues on the City/
County trail system from its termini in St. Paul to the southerly end of the
decorative/pedestrian lighting system located in Dakota County:
a.) the maintenance, repair and replacement parts for the omamental/
Page 2 of 6
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pedestrian lighting, including the light poles and bulbs,
b.) the payment of the electricity costs for the omamentaUpedestrian lighting
system and regular inspection, painting and/or cleaning of graffiti on light
poles and/or bridge rails that is found to affect the safety and aesthetics of the
highway environment,
A3.) Furthermore, the City of St. Paul shall be responsible for the following issues on
the City/ County trail system from its termini in St. Paul to the easterly entrance
of the City tunnel (under I-35E) located in Ramsey County:
a.) the plowing and removal of snow and ice,
b.) the sweeping and removal of sand and debris,
c.) regular inspection and cleaning of debris found to affect the safety, aesthetics
of the highway environment.
A4.) Each Joint Permittee shall be responsible for the following issues on the parts of
the City/County trails within their respective corporate boundaries:
a.) installation and removal of regulatory and informational signs,
b.) law enforcement reJating to the safe and proper utilization of the City/County
trail,
c. ) regular maintenance of trail surfaces, including joint and crack repair;
d.) all other operation, :maintenance and supervision issues not described in
Items A1, A2 and A3.
A5.) Both Joint Permittees shall together be responsible for closure of the trail as they
determine necessary for reasons of safety or maintenance. This does not
prevent the right of the Minnesota Department of Transportation, through its
Office of the Metro Division Engineer, of closing the trail for safety reasons.
3. Before construction of any kind, the plans for such construction shall be approved in writing by
the Minnesota Department of Transportation, through its Office of the Metro Division Engineer.
4. Other than the above permitted items, 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.
5. No commercial activity or activities shall be allowed to operate upon said State of Minnesota
right of way.
6. The Permittees shall preserve and protect the State's total access control to T.H. 35E at all
times during their use of the CitylCounty trails and City tunnel. Placement of seasonal closure
warning signs shall be the responsibility of the Permittees. A minimum of 30 days notice will be
required for any change in Permittees' scheduled operations and for closures will necessitate
placement of temporary closure waming signs on the City/County trails, which shall be the
Page 3 of 6
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responsibility of the Joint Permittees. The Minnesota Department of Transportation will then
control the proposed lockable gates and Permittees' retum to normal access of the bridge trail
will be allowed only after their proper notice is given to the Metro Division Dispatcher (currently
location: Waters Edge Office, Phone: (651) 582-1550).
7. Minnesota Department of Transportation witl accommodate the Permittees' needs for
temporary operations and maintenance closures, and closures for urgent safety reasons, of
the City/County bridge trail facilities by allowing the Permittees to place their locks in tandem
with the State's at lockable gates as shown in the State's plans.
8. This permit is non-exclusive and is granted subject to the rights of others, including, but not
limited to pubtic utitities that may occupy said right of way.
9. The Permittees 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 Permittees to call the Gopher State One Call System at 1-800-252-1166 at
least 48 hours prior to perForming any excavation.
10. This permit does not release:the Permittees 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 Permittees.
11. Any use permitted by this permit shall remain subordinate to the right of the Minnesota
Department of Transportafion 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(fl 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.
12. This permit shall be subject to cancellation and termination by the Minnesota Department of
Transportation, with or without cause, by giving them sixty (60) days written notice of such
intent. Upon said notice of cancellation the City/County trails shall be removed within sixty
(60) days, at no cost to the Minnesota Department of Transportation, by the Permittees and at
the sole expense of the Permittees. Upon cancellation of said permit, or any portion thereof,
the Permittees wilf be required to retum and restore the area to a condition satisfactory to the
Minnesota Department of Transportation, Metro Division Engineer.
13. The Permittees, for themselves, their successors, and assigns, agree 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.
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14. The Permittees shall hold harmtess and indemnify the State of Minnesota, its Commissioner of
Transportation and employees and fts 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 City/County trails and City tunnel, or from the use
of those portions of highway right of way over which this permit is granted.
15. The Permittees shall hold harmless and indemnify the State of Minnesota, fts Commissioner of
Transportation and employees and its successors and assigns from claims arising or resulting
from the temporary or permanent termination of City/County trail user rights on any portion of
highway right of way over which this permit is granted.
16. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to
limit and/or restrict the assemblage of city 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 city trail
users.
17. The.Permittees shall hold harmless and indemnify the State of Minnesota; its CommissSoner of
Transportation and employeesfirom claims resulting from temporary orpermanent changes in
drainage pattems resulting in flood damage. ,� -
18. The Permittees 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 Permittees shall provide for cleanup of
the spilled material and of materials contaminated by the spillage in accordance with all
applicable federal, state and tocal laws and regulations, at the sole expense of the Permittees.
19. The Permittees (for themselves, their contractors, subcontractors, their materialmen, and all
other persons acting for, through or under them or any of them), covenants that no laborers',
mechanics', or materialmens' 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 persons
acting for, through or under them or any of them against the work and/or against said lands,
for or on account of any work done or materials furnished by them 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.
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MtNNESOTA DEPARTNtENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
By
Metro Division Engineer
Date
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By
Director, Office of Land Management
Date
CITY OF SAINT PAUL
RAMSEY, MINNESOTA
COUNTY OF DAKOTA
MINNESOTA
RECOMMENDED FOR APPROVAL
By
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Date
APPROVED BY:
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Date
RECOMMENDED FOR APPROVAL
By
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Date
APPROVED BY:
Date
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Page 6 of 6
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I6?I Beechwood Ave.
S[. Paul, MN 55116
651-698-4543
w�nv,�. fiendsotthep3r}s.org
Presiden[
Robert Nethercut
Vice Presidencs
Jeanne Weigum
Treazurer
7ames R. Bricher
Direcrors
Crazg Andresen
Perry R. Bolin
Theresa $radshaw
Dan Collins
Thomas T. Dw•igh[
Nei] Franey
William Frank
Esther Kelloge
Marilyn Lundberg
Mazk M. Nolan
Janec Olson
Larry Peteison
Scott Ramsay
Pierre Regnier
Jeny Seck
Manha Souclieray
Jeai[yn Thompson
Vice President Emeritus
Samuel H. Morgan
Director Emeeritus
David Lilly
Truman W. Porter
Ex OfEicio
Dennis Asmussen
Thomas Eggum
Mazc Goess
Greg Mack
7'erry Noonan
Vic Wittgeastein
Executive Duector
and Secretary
Peggy Lynch
Mississippi River
Bluffs Projec[ b4anager
Cindy Schwie
Approved by the Friends of the Parks and Tra+ls on August 17, 2000
WHEREAS, the I-35E bridge over the Mississippi River is scheduled to be rebuiit
within the next few years:
WHEREAS, one of the options fo improve the safety of fhis area for
pedestrians/bicyclists is for a tunnel or underpass under the ramps and I-35E;
WFiEREAS, pedestrian/bicycle iravel across the exiVentrance ramps to the l-35E
bridge off Shepard Road and under the I-35E bridge is dangerous as it presently
exists:
WHEFiEAS, this area is a key traii node in St. Paui with the bikeway/walkway to be
constructed on the new bridge which wi!! connect severa! regional trails including
Shepard-Warner Trait, the Crosby Farm - Hidden Faifs Regional Park and Trails
and the Mississ+ppi Gorge Trail;
WHEREAS, the trail along Shepard Road is part of the Saint Paul Grand Round;
WHEREAS, traffic safety wouid be improved with the addition of the
pedesirianlbikeway iunnel and the iunnel wou{d eliminate a!I conflicts beiween Srail
users and motorists;
WHEREAS, the underpass would resu(t in a near seam(ess trail - over 17 miles
long - along the Mississippi River from downtown Minneapolis through St. Paul.
NOW THEREFORE, BE IT RESOLVED, that the Friends of the Parks and Trails
support the underpass or tunnei with minimum dimensions of 14 ft. by 12 ft. for
pedestrians/bicycles under the entrance - exist ramps and i-35E at Shepard Road.
BE IT FURTHER RESOLVED, accommodafions be made for bicyclists who choose
to ride on Shepard Road with vehicular traffic.
�.II���I ��
Saint Paul Parks and Recreation Commission
� RESOLUTION 00-6
RESOLUTION CONCERNL'VG USE OF PARKLA:ti�
THE i�II�tNESOTA DEPAATMENT OF TRr�NSPORTATION'S (MNDO'I)
�' TRIJNK HIGHWAY" I3�E BRIDGE PROJECT:
CROSBY FARNI REGIQNAL PARK
bo -�
WHEREAS, the Saint Paul Pazks and Recreation Commission is an appointed body to
advise the Mayor and Ciiy Council on long-range and city-wide matters related to parks and
recreation; and
WHEREAS, Chapter 13, Section 13.01.1 of the Saint Paul City Chartzr requires that the
Parks and Recreation Commission revie�v proposed diversion or disposal of parkland and submit
its recommendation to the City Council; and
WHEREAS, MnDOT is preparing plans, specifications and construction documents
based upon iYs preliminary bridge design Altemate 4 to rebuiid the I-35E brid�e across the
Mississippi River beriveen Saint Paul and Lilydale/Mendota Hei�hts; and
WHEREAS, the Saint Paul City Council by its Resolution 99-810, has approved a
Memorandum of Understanding between the Ciry and MuDOT agreeina To said preliminary
bridge design Alternate 4 and goveming design issues inctuding minimizin� construction
impacts in Crosby Fazm Regional Pazk; and
tiVHEREAS, MnDOT requires certain temporary construction easements in Crosby Fann
Regional Park for construction access and sta�ing purposes durin� the bridge construction
project; and
WHEREAS, MnDOT also requires a temporary flowage easement at the Watergate
Niarina to comply with Di�'R requirements; and
WHEREAS, NInDOT and Cit}' Pazks and Recreation staffs hace worked to�ether to
determine the azeas ali�nment and location of said easements, and mitiQation and restoration
plans for same; therefore, �
BE IT RESOLVED, that the Saint Paul Pazks and Recreation Commission concurs that
the tzmporary construction easements proposed by MnDOT for the I-3�E bridQe project are
required in accordance with Citv Council Charter Section 13.01.1 and recommends approval of
said temporar;� construction easements by the Saint Pau1 Cit;r Council.
Adopted by the Saint Paul Pazks and Recreation Commission on (date) - �t.��cq �2. L ��
—�
Approved: Yeas �
?va}�s Q�
Abstentions � �
Resolution 00-6 Attested to by- �����''��
Staff to the Parks and Recreaz�on Commission
`� .
Sainf Paul Parl.s and Recreation Commission
RESOLUTION 04-'7
pp •.lo�o
WHEREAS, the Saint Paul Pazks and Recreation Commission is an appointed body to
advise the Mayor and Ciry Council on lonb ran�e and city-wide matters related to Parks and
Recreation; and
�VHEREAS, the Saint Paul Pazks ani3 Recreation Commission has reviewed MNDoT's
plans to use specific portions of Crosby Farm Regional Park for staging areas during construction
of the I-35E bridge; and
WHEREAS, the Saint Paul Parks and I2ecreation Commzssion has reviewed the
Memorandum of Understanding dated Aua st 2, 1999 between the State of Minnesota through
its Commissioner of Transportation and the City of Saint Pau1 and all of the conditions agreed
upon in that Memorandum, including the pFOVision under D. in the Trail Systems; "That it wi11
provide access for cyclists and pedestrians from the existing trail along Shepazd Road to the
proposed trazl on the Lexington Avenue Bridge; and Furthermore, MNDoT will implemenY
measures at both the southbound entrance ramp and the northbound e�t ramp of I-35E, to
improve the safety of cyclists and pedestrians using the Shepard Road trail"; and _
WHEREAS, the Saint Paul Parks and Recreation Commission has reviewed the
resolution of the City of Saint Paul, #99-810 approved on Auwst 18, 1999 which incorporates a11
of the conditions reached between the Ciry of Saint Paul and M\TDoT in the Memorandum of
Understandin�; therefore,
BE IT RESOLVED, that the Saint Paul Parks and Recreation Commission advises the
Saint Paul City Council that no agreement between the City of Saint Paul and MNDoT be
finalized until an agreement is reached regarding all of the conditions in these documents which
include the safety of pedestrians and bicyclists on Shepazd Road and I-35E
Adopted by the Saint Paul Pazks and Recreation Commission: Date � V2 ZC`��
Approved: Yeas 5
Navs �
Absen �
Resolution 00-7 Attested to by: _
S to the Pazks and Recreation Co 'ssion
-�
FRX N0. : Jul. 03 1998 09:05Rh( PS
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�I�`.���� r1>�OI�U�Y �Ur�i��
300 City Hall Annex, 25 tV. Fourtl: St, S[. Pau:, bfa`i -,266-64Q0
August 9, 2000
'Ihe Honorable M2yor Ivorm Coleman
City of Sain: Paul
Room 390 City Ha11
15 W. Keliogg Soutevard
Saint Paul, Minnesota 55102
pear Mayor Colcman;
The Saint Paui Aicycie Advisoxy Board (BA$) is s�ongly (4-i) in favor of buiiding a bicycte
and pedestrian tunnet under I-35E for fne Shepard Road Region4t Trail thst would tlSminate all
conflicu with motorisu while still maintaining thc at-gade s9dewalk, at a minimum, t2wt is
ourrenily availablc.
It is crirical cl�at the City of Saint Paul work wiih MnDOT to F�d a way to fund this project now•
as the only w•ay to economically build the tunnel or undtrpass is as a pazt of the I-35E bridge
pxoject that adll need to be 9n design by carly October. I1ie new bridge trail will greatly incraase
trail use on both sides of the river and a strong ease will be made that MnDOT should provide the
b:ilk of the fune�ing for the bridge trail approaches and tunnel, just like they're paying to rebuild
entran:e and exit ramps for motorists using the bridge.
Tfie I-35E tunnel or underpass has seceral points that must be addressed.
1. Ii is the key trail node in Saint Pau3. A new bikeway and wallcw�ay will cross the
Mississippi River as part of the I-35E bridge reconstruction. This uill connect savesa!
regional �ails including thc Shcpard - Wamcr T?ail to downtown Saint Paul, ihe P,�g
Rivers Regional Trail, the Lilydale$arriet Island Trail, the Fiidden �zlls-Crosby Fasm
Trail, the IvSississippi Gorge Trail and Cne I35E trail (three blocks away) that leads to
Grand Avenue and West'7� Strzet near the new Excel Ar�•na. The cozuiection of all of
ihese 2rai7s will grea:ly irzerease ihe use of the T-35E underpass by cyelists, welkets ana
in-line akaters. The trail elong Shepard Road is also part of the Saint Pzul Grand Round.
B aiI6i-� the I-35E underoass would resutT in a near sear�less tra�} - over 17 miles lone -
,e��n� thc �fissis ioni River from downtown Micmeaeolis tlirough Saint Paul There would
be onlv o�e parlctvav that �ail users vroald nzed to eross on this ec�?ire ch-etch if the tunnd
is buitt.
2. Traffic sstfeTy wonld be greatly improved. _The 35E �mderpass would eliminate all
confliMS behveen ffail users and motorists. The curxent abgrade trail aad aIl of the at-
ga8e hails proposed try MnDOT wouid �+equire ticyctists and pedcsuians us erost four
diffrsent lanes of traFfi� - thrce of th:sc wzthoti benefit of �uff'ic signals where motorists
are likely Yo be accelerating
-1-
. —�,�
FqX N0, : Jui. 03 1998 09:06HM P2
The Oregon Ikpartment of Transportation h2s peSlishcd Lhe mosi eomplete guide to ` 0`4
building bicycIe and pedestrian facitities that �s c�rrnTly available. In ihe section on b0 �
°At-((�'ado GYossings of Thorouahfazes it staYes,
� At grade erarstngs introduce confliet points, and grade separation
should be s�ught, as most path usus eYpect cont3nued separatzon
from trafJia TF.e greatzst eon}licts occur where p¢tFu c�oss freeway
entrance and ezit ramps. Motorisis wing thesa samps are seeking
epportunities So merge with jast moving tra�c. They a�e not
expecting bicyclisu a�p��mau � these Iocarions.
Besides thc probleans with at-grade crossings, the current sidewalk vadcr 35E does not
come close to meeting ene neennS standa:ds. A ten-foot-wndc path is recommrnded at
Q minimum, according to the American Assoaiario:i of Statc High�vay and Truisportstion
Officials (AASHTO).
The current sidewatk is techt�ica}ly oniy fhre�-fect•utide (it narrows to 2'-4" in ono spot).
Engneering stsadard� raquire a hvo-foot-vtide clear zone on both sides of the path so even
thougtt the sidewalk is ac;ven-feet-wide in most places ite effective width is much naztocver•
1VSnDOT staff has madc one proposal �at would narcow fne driving lanes on Shepard Road
and widrn the trait to six feet (xn feet ovcrall). This is stil] clearly inadequate. A fourteen-
f000-wide undcrpass could b� buiit that wouId a�tow• a tcn-foot-widc trail that would mcet
minimum standnrds and be 67% wider than the MnDOT proposal.
3. Personal safety issaes ure addres.sed. Bicyele / pedtskian tunne]s or undcrpasses have
been buili in recent ycars in several looations ttuoughout the metro aroa. T'he City of
Shofet'ieK� has built five tunncls including a 140•foot -long tunnel that leads &om a
zecrearion centcr to a secluded mazsh. T'hey ha�e report�d no perso�l safety probtems
(muggings, batterics, assults, ek.) at any of their uaderpasses. Saint Paut has at lea5t folu
tunnels plus long stretches of s�cluded traits in Croaby Fatm pxrk which is adjacent tn the
I-35E bridge. �zic'Z7�ompson has been Supervisor of Parks Secwity and dealt tivith issues
ofpark safety frn aver six yoars. He 3s not awarz of any personaS safety incidents at these
Wnnels or on tho secluded nearby trails. 73e even mentioned that tunnels can be an
atcao6on {e.g-, thc Sparta - Elroy Tcail in Wisconsin) and that inezezsed use, as this h'ail
can Surely expect, increases traii safety.
4. Distance irom SLepard Road is only a minor inconvenience for some truii users. To
makc the underpass ccoaomical:y feasibte, it mus bz bvi!= aboui 750 feet from Sheaad
Road. A sigaificaat percentege of cpclisu, in-line skaters and walktrc using the proposed
I.35E undr.pass would be crossing ocer the new� I-35b bridge trail and experience no
additional L'avel tune or distance. Trail users tiat would be continuing alonF; Shcpard
Rnad would need to go 750 feet, or about one block ez4a each way, to reach the undcrpass.
For a recreational eyclisu or skater averaging 12 MP�, thic would takc about 85 seconds.
The at-grade czassings would require cyclists a�zd skaters to stow down and stOp ap to fottr
times. The actuat difforence in travel time (not w mention thc energy required in stopping
and s�rrins) might bc mivmai compare@ Yn the na�-stop trail using the underpass.
5. Cns: of ihe tx:nnel cocld b_ absoxbed in tlae overall bridge reconstruction projeef.
Shoreviewbuiit a s2ate-of-the-atc, 140•foot-long bridge (12-feet w with landscaping,
lighting and decorarive retaining walls for SSOO,t100. This yeu, Hennepin County
compieted a more utilitarian 150-foot-long t�:anel (14fxt-wide) undcr Iiighway 101 for
$375,040. Cost esr:matcs for tho 180-fooalang I-35E turrael bave noi yet bern figured,
but thc above pro3�crs s�hich were elso "o�-�ut" t�s.nels, may be used as a guideline.
�2-
:�
Fqy� �. : Jul. 03 1998 09:07AM P3
00 ��lo
gunds from the C�tY of Saint Paul for buil8ing s�ei ��tion for MnDOI"s of psrk
, city docs havc some ieverage and wiR bc receiviag �omp
. land as a staming azea for the I35b bridge proj�ct.
It is wrnth noting �e compensation that Min.heapolis received when MnDOT rebuilt I-94
ovec she Mississippi River_ Becavse there a•as a p��t faldng of park land in
Iv(inneepolis CaPPaT��y not hue here) the tc�'o casas aren't identical. In Minneapolis,
Mzt�pT pennanenUy took 121 aCres of land and requir�d Le�Porary consec'action
easaments on 2•53 acrzs. In retvm, MNA�T built an 800-foot long trail alang the rivcr plus
a 650-f� long "bridge" on the M�ssissippi for a cost of 5632,805. Tn Saint Paul, MnDOT
is asIdng for temparary eonstruction easemenu on A.12 acres of lend for six y�G-
Even without funding frnm ihe te�nP°�Y ��ents, e stong esse can be inade for
M�p1' co include the trail approaches - end tiumel - in the's aversll funding of the I-35E
bridge project. They are paymg to rebuild the on and off ramps for motorists and funding
the "on and o£f trails" for bicyclists end pedes�iazLS �� just as iinportant.
�ollowing nadona� trcnds, MnA�T � an mereased iriterest in multimodal transporcation. In
commumiy meetings during the p T�nin�+ of the I-35E bridge reconstrvction, the only thing thst
atl parties initially ageed on was the ne�a m Provide a bik�way / cvalkway across the Nlississippi
givei as pazt of the project
Building the bridge hail will substantially increase the vst of trai7s on botL sides of the rives'•
MnDOT has carefully designed the new entrance and exit ramps for increas�d haffic flow and the
sa£cty of motorists using the bridge. Tnis same careful en,�ineering approach must be takrn with
the tail design foz bicyc]ists and pedesaians using the bridge and �1s aPProaches. The tunnel or
underpass would bo an integal part of the trail bridge apptoach and is cSeazly the only so2ution
that is accepmble using standard engineering prscrices. The design and construcuon of the trail
approaches - and tunnel at Shepard Road - on both ends of the bridge shouid be included as pazt
of the ovarall I-35E tmidge reeonsuvction project.
Sineerely,
�fA/�WL� �R�
�
RicHatd Arey
Chair, BicycSe A.dvisory Board
I2A/gar
Enciosure: Preliminary PIan of Timnel znd 7rails
C: Thomas Ezgum
Victoz WiY.genstein
GSty Cauncil
BAB
Council File # 4�� ��1�
�
Green Sheet # 10f� lD
C
;
Presented By
RESOLUTION
SAINT PAUL, MINNESOTA
� �. �� C� ��--_
55
Referred to
Committee: Date
1 WHEREAS, the Saint Paul City Council by its Resolution 99-810 approved a
2 Memorandum of Understanding (MOI� dated August 2, 1999 by and between the City of Saint
3 Paul and the State of Minnesota, Department of Transportation (MiiDOT), wherein the City
4 approved the Preliminary Layout known as Alternate 4 for the Le�ngton Avenue Bridge (I35E)
5 over the Mississippi River, and in return, MnDOT agreed upon certain conditions of the project,
6 and
WHEREAS, MnDOT has proceeded with its bridge planning, design and engineering
work based upon said Alternate 4 and the agreements incorporated in said MOU, and
9 WHEREAS, authorizations for approval by the City of Saint Paul for certain aspects of
10 the project are necessary at this time in order for MnDOT to proceed to the final design and
11 engineering phase of its work, as follows:
12
13
14
15
Authorization for approval of a limited use permit between the City, NInDOT and
Dakota County for the maintenance of the pedestrian-bicycle trail across the bridge.
3. Authorization for approval ofproject mitigation measures to satisfy federal4(fl
requirements.
16 3. Authorization for approval of temporary construction easements and a permanent
17 maintenance easement over City parkland in Crosby Farm Regional Park, recommended
18 for approval by the Saint Paul Parks and Recreation Commission in accordance with City
19 Charter Section 13.01.1., and
20 WHEREAS, MnDOT has prepared a Limited Use Permit (E�ibit A) which establishes
21 the proposed terms and conditions for City's and Dakota County's maintenance of the
22 pedestrian-bicycle trail across the bridge, and
23 WHEREAS, MnDOT has prepared a Memorandum of Agreement (MOA) (E�ibit B)
24 which establishes the proposed terms and conditions for City and MnDOT agreement for the
25 project, including a trail system tunnel under the I35E right of way, temporary and permanent
26 easements, and project mitigarion measures, and
Page 1 of 3
Council File # � �
Green Sheet # � �
RESOLUTION
CITY OF SAINT PAUL, MiNNESOTA
Presented By
Referred to
Committee: Date
27
28
29
WIIEREAS, the Saint Paul Parks and Recreation Commission, the Bicycle Advisory
Boazd and the Saint Paul and Ramsey County Friends of the Pazks and Trails have a11 endorsed
construction of the trail system tmuiel (E�ibit C), and
30 WHEREAS, the City's Department of Public Works and Division of Parks and
31 Recreation concur with the project design to date including the Limited Use Permit, provision of
32 the trail system tunnel, temporary and permanent easements and project mitigation measures and
33 recommend approval,
34
35
36
37
38
39
40
41
�
NOW THEREFORE BE IT RESOLVED, by the Council of the City of Saint Paul, that
the proper City officials are hereby authorized and directed to:
Enter into a Limited Use Permit between City, MnDOT and Dakota County for the
maintenance of the pedestrian-bicycle trail across the bridge (E�ibit A).
2. Enter into a Memorandum of Agreement, including project mitigation measures,
dedication of temporary and permanent easements and trail system tunnel, and CiTy
agrees to waive compensation for said easements subject to MnDOT's agreement to
include the trail system tunnel in the project (E�ibit B).
FURTHER RESOLVED, that City requires retention of the pedesirian walkway along
Shepazd Road, beneath I35E.
Page 2 of 3
:�-
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Council File #
Green Sheet # IOIo 10
Presented By
Referred to
Committee: Date
Requested by:
Adopted by Council:
Adopti
By —
Appr
By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Date (P��p�
by Council Secretary
Form Approved by City At-�
By:
�Approved y Mayor for Submission to
Council
B y : �/_� U ���'r��.
Page 3 of 3
DEPARTMENT/OFFICE/COUNQL DATE INITIATED �
Parks and Recreation, Public Works GREEN SHEET NO. 106710
Reai Estate Oct 7 6, 20�0 �� k ,D� , �
CONTACT PEflSON ANO PHONE �NITIAUDAiE INITIAUDATE
John Wirka 266-6411, Leon Pearson � pEpAflTMENTDIflECTOH 4 cirvcouNCa
266-6781, Peter White 266-68853 /�^ �GN —
NUMBER FOR� 2 a,v nrrrn�� e 5 ar� c�Enx
HOUNIG
MUST BE ON COUNC�L AGENpA BV (DATE7 OR�EH FINANCIAL SERVICES DIR. FINANpAL SEPVICES/ACCOUNTING
3 MAYOR (OR ASSISTANT) G PAFKS AND RECRFATION
, ri, �
TOTAI 8 OF SIGNAiUPE PAGES 1 (CLIP ALL LOCAl10N5 FOR SIGNATURE)
ACTION REQUESTED:
Approval of City Council Resolution Authorizing City to enter into a Memorandum of AgreemeM with MnDOT for
construction of 135E Sridge, and a Limited Use Permit with MnDOT and Dakota County for maintenance of pedestrian-
bicycle trail on bridge.
RECOMMENDATIONS: Approve �A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_PLANNING COMMISSION _CIVIL SERVICE COMMISSION �, Has [his persoNfirm ever worketl under a con[ract for this tlepartment?
CIB COMMITTEE __ YES NO
.4 STAFF 2. Has [�is person/firtn ever b¢en a tiry ¢mployee?
—� YES N�
DISTPILT GOUNqL
— — 3. Does [his person/firm possess a skill no[ rwrmaily possesseC by any curren[ City employee?
SUPPORTS WHICH COUIdC1L OBJECTIVE? YES NO
Explain al� yes answers on separate sheet and attach to green sheet.
INITIATING PflOBLEM, ISSUE, OPPORTUNITV IWho, What, When, Where, Why�:
City staff and MnDOT staff have worked together for several years to develop mutually acceptable plans for
reconstruction of the 135E bridge crossing the Mississippi River. On August 18, 1999 the City Council approved the
prefiminary pian known as Atternate 4, and that plan has been further developed in accordance with a Memorandum of
Uoderstanding between City and MnDOT, such that all parties are in agreement and recommend approval.
Specific approvals authorized by this resolution are for City to enter into:
1. A Limited Use Permit with MnDOT and Dakota County estabiishing each agency's respective responsibilities for
maintenance of trail on the new bridge.
2. A Memorandum of Agreement between MnDOT and City approving temporary construction easements, permanent
maintenance easement, mitigation measures and inclusion of a trail system tunnel under 35E in the project, for which
the City waives compensation for easements.
ADVANTAGESIFAPPROVED
DISADVANTAGES IF APPROVED
DISADVANTAGES IF NOTAPPROVED
TOOTAL AMOVNT OF TRANSACTION 9 COST/REVENUE BUDGEfED (qRCLE ONE) YES NO
FUNOING SOURCE ACTNITY NUMeER
FINANCIAL INPoftMATION: (EXPLAIN�
,y . a
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This Memorandum of Agreement between the State of Minnesota, Department of
Transportation, and the City of St. Paul sets forth various mitigation actions and including the
construction of a trail tunnel in return far zero dollar temporary easement and permanent
easement.
Date
Minnesota, Department of Transportarion
Date
City of St Paul
1 of 6
�N'(131T t✓
Bo - t010
f
MEMORANDUM OF AGREEMENT
Tlus Memorandum of Agreement is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter refened to as the "State" and the City of
St Paul, hereinafter referred to as the "City."
The State needs and the City is willing to transfer zero dollar temporary easements and one zero
dollar pennanent easement in retum for construction of a trail tunnel under Interstate 35E
(I35E) and various other mirigation. The temporary easements aze needed for a project that will
construct a new I35E bridge over the Mississippi River (the Le�ngton Bridge), and the
permanent easement is needed for access to maintain the Lexington Bridge.
In consideration of the impacts, described herein, to City-owned 4(fj resources (including the
use and occupation of City-owned Hidden Falls/Crosby Fann Regional Park), the State will
provide the mitigation described herein, including the construction of a trail tunnel under I35E.
(See E�ibit 1 for map showing location of tunnel).
In reriun for the mitigation described herein, the City will provide to the State zero dollar �•_
temporary easements and gernuts to construct, and one zero dollaz permanent easement for
bridge maintenance access, all easements as described in E�ibit 2 and shown in Exhibits 3A
and 3B. Furthermore, the mitigation, inciuding conskuction of the trail tunnel under I35E, will
be full safisfaction of the provisions of the St Paul City Charter, Sec6on 13.01.1, as it applies to
a11 the easements needed in St Paul pazkland for the conshvction of the Le�ngton Bridge and
also including the permanent maintenance easement for access to the Le�ungton Bridge.
Furthermore, the mitigation herein agreed to is part of an overall package, not an item-by-item
restitution. Thus, the tunnel to be built by the State, the flowage easement at Watergate Marina
to be provided by the City, and the permanent easement (for bridge maintenance access) to be
provided by the City, are all part of this agreement. Also, tlus document describes ali
anticipated impacts to City-owned 4( fl properties and the complete mitigafion for those
impacts, as agreed to by the City and the State.
IMPACTS AND MITIGATION
The State has worked for over two yeazs with the Pazks and Recreation Department of the City
of St Paul in order to m;nimize impacts to the City's pazkland from the State's Le�ngton
Bridge project, and also to determine appropriate mitigation for the impacts to City-owned
pazkland resulting from the State's project. Both the City (including the City's Department of
Pazks and Recreation) and the State agree that the encroachment into parkland and the impacts
to pazkland will have no significant long term effect on the use of the park, and that the
mitigation agreed to is appropriate.
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As a result of these communications, both the State and the City (including the City's
Depaztment of Pazks and Recreation) agree with the description herein of the Le�ngton Bridge
projecYs impacts to both Hidden Falls/Crosby Farm Kegional Pazk and to Watergate Mazina,
and both agree to the mitigation for those impacts described herein, the mitigation to be done
by the State.
IMPACTS
Occupation of and easements in 4(f) Properties
The occupation and easements will be for the purposes of construction and construction access for
the Le�ungton Bridge project, with the excepfions of: (1) a flowage easement for potential
temporary flood stage increases caused by the Lexington Bridge project (see below, Flood Stage
Increase at Watergate Marina), (2) easements that may be needed to mitigate for wetland impacts
resulting from the Lexington Bridge project, and (3) a permanent easement for access to the bridge
for maintenance purposes. All easements are listed in Exhibit 2 and aze shown graphically in
E�ibits 3A and 3B. The easements in the park are also needed to implement a landscaping project,
which is par[ of the mitigation and that will follow the Lexington Bridge project.
Occupation and Construc6on Easements
In order to construct the new Lexington Bridge it will be necessary to occupy 4( fl land owned by
the City of St Paul, in Hidden Fa11s1Crosby Farm Regional Park. This park consists of a total of
674.5 acres. The area of parkTand to be occupied for the project will be approximately 4.2 acres,
about 0.62% of the park's total azea. Up to two addirional acres may be occupied for wetland
mitigation if it is deemed feasible to mitigate in Crosby Fazm Pazk and if the City's Parks and
Recreation Department agrees to such mitigation.
Flowage Easement at Watergate Marina
A flowage easement is needed by the State to satisfy the State DNR requirements regazding the
Lexington Bridge project's potential to temporarily increase the flood stage ofthe Mississippi
River. This easement at Watergate Marina, which is upstream from the project site, is explained
in below under the title: Flood Stage Increase at Watergate Marina.
Wetland Mitigation Easements
If on-site wefland mitigation is determined to be feasible and if the City Pazks and Recreation
Depar�ent agrees to on-site mitigarion, easements will be needed in the park for both
construction and maintenance of the wetland. Although the area needed for these potential
easements has not yet been detennined, they are described in E�ibit 2 and shown graphically
in E�ibit 3A. These easements, if needed, will be part of the mitigation, and as such will not
be part of the impacts to the pazk.
Permanent Bridge Maintenance Access Easement
As part of the negotiations between the State and the City, a pennanent easement allowing the
State access to the bridge for maintenance purposes is also included in this agreement. The azea
3 of 6
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of ttris easement has not yet been determined, but will be no more that #he 239 acres needed for
the construction access easement and its azea will be within the boundaries of the construction
access easement (easement # 2).
Flood Stage Increase at Watergate Marina
The project will requue placing temporary fill in the floodplain (during construction) for the
access road and the construction staging azea. This fill may cause an increase in the flood stage
upstream if a major flood occurs during the construction period. Watergate Marina is a City-
owned facility upstream from the project that could be affected by this potential flood stage
increase. The estimated increase in flood stage for a 100-yeaz flood at the marina is six inches.
(See Exhibit 5, which shows graphically the projected potentiai flood stage increase).
Because of the potential increase in the flood stage during a major flood, the State DNR
requires that State obtain a flowage easement from the City for the temporary period affected.
The City has agreed to grant the State a zero dollar flowage easement as described in E�ibit 2
and shown in Extribit 3B. The flowage easement will grant the State the right to flood the azea
of the marina buildings up to six inches above the 100-year flood level. However, if a major
flood occurs, the City plans to sandbag to protect the main marina building as it did in the 1997
flood. (The storage building was allowed to flood in 199'n. The estimated additional cost to the
City (if a major flood occurs) would be the cost of additional sandbagging to raise the barrier
by six inches.
Trees
This project requires removal of floodplain trees from City of St. Paul pazkland to build a
construction staging pad and an access road to the pad. After working closely for over two years
to minimize these removals, the City and the State have agreed that the level of tree removals is
acceptable.
The goal of m;n;mizing tree impacts has been accomplished by greatly reducing the construction
staging area to a minimum practical size, and by a plan for locating approximately one third of the
staging azea in the river channel (by using sheet piling and placing fill in the river}. Furthermore,
the planned access road has been realigned, per City directions, to minimize uee impacts along the
road. As a result of these cooperative efforts, the number of lazge trees (over two feet in diameter)
to be removed has been reduced from about 34 trees to 17 trees.
Pond
The proposed Le�ngton Bridge, unlike the existing bridge, will not drain water directly into
the Mississippi River. Runoff from the highway bridge will be channeled to the eaiisting
holding pond west of I35E.
A sma11 amount of shallow excavation will be done to increase the pond's capacity. (The azea
will not exceed 0.1 acres). And a sldmmer structure will be constructed to prevent debris from
clogging the inlet of the pond's outlet pipe. More discussion is needed with the St Paul Park
staff to work out the details.
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Wetland
Five wetland sites have been identified near the construction site. Of those five, three aze
wetlands in the pazk that will be impacted by the project. (All wetlands impacted, whether in
the pazk or not, will be mitigated in full compliance with the WCA and the COB regulations).
The weflands in Hidden Falls/Crosby Fazm Pazk that will be impacted by the project are shown
in the map in Eaihibit 4.
Table 1 below shows both the temporary and permanent wetland impacts in Hidden
Falls/Crosby Farm Regional Park. There will be a temporary (during construction) impact to
2.1 acres of wefland in the park. Of this, 1.92 acres aze patt of Wefland No. 1(located at the
construction staging azea) and 0.17 acres are in Wetlands No. 3 and 5(along the access road).
The total permanent wefland impact will be about 0.1 acre. Almost all of the permanent impact
is in Wetland No. 3, with about 3% of it in Wefland No. 5.
TABLE 1
Wetland Impacts in Crosby Pazk
(acres)
Wetland Temporary Fill Permanent Fill
1 1.92
3 0.12 0.09
5 0.05 0.002
Total 2.09 0.092
MITIGATION
Tunnel
The State will construct, as part of its Lexington Bridge project, a tunnel underpass of I35E, as
shown in Exhibit 1, for the purpose of pmviding a route for the City's Shepazd Road trail across
I35E that does not cross the on- and off-ramps at grade.
Trees
To protect perixneter trees at the north and west ends of the conshuction pad, place 20 to 40 foot
wide geoteattile strip at these locations, which will reduce disturbance to the topsoil. To
minimize compaction and disturbance to the floodplain floor in the construction pad area, place
1' to 2' of a protective layer (e.g., wood chip, corncob, sand, pea-rock, grauel).
If necessary to re-establish a soil profile conducive to growing a healthy floodplain forest,
decompact the construction pad azea after removal of the fill. Soil ripping should be kept a
minimum of 20 feet from the trunks of perimeter trees on the north aad west sides of the
construction pad.
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Place temporary fencing at the construction limits prior to construction activities in order to
prevent injury to remaining trees on the perimeter of the constniction pad, the haul road and any
other locations where there are tree impacts. Silt fence can serve as tree protection in lieu of
temporary fencing where the two would overlap. However, along some azeas this conflicts with
the goal of allowing animal crossings (e.g., the access road area close to the staging pad). In any
case, the State is aware that there aze animal migration patterns, especially turtles and deer, and
the State plans to include measures that will enable these pattems. We will continue to work
with the St Paul Pazk staff to determine the best mix of bazriers and openings.
Reforest the floodplain area with the same species of bottomland hardwoods slated for removal
at a rate of 1200 trees and shrubs per acre (600 trees and 600 shrubs). For the trees use a rate of
40% eastern cottonwood, 30% silver maple, 20% green ash, and 10% black willow. American
elm and boxelder will seed themselves. Suitable shrubs include sandbaz willow, red-osier
dogwood, and false indigo. Reforest the bottomland areas with a combination of lazge balled-
and-burlapped trees, medium baze-root whips (4'-8' tall), and small baze-root seedling grade
plant stock (1'-2' tall). Ten balled-and-burlapped h�ees, 200 baze-root whips, and appma�imately
1000 seedlings per acre. (A11600 shrubs could be seedlings). To protect from deer and rabbits
all balled-and-burlappefl trees will be protected with a 4' tall hardware cloth cylinder, and a11
baze-root whip trees will be protected with 5' ta11 tree shelters. Seedling grade material will not
receive protection. Wood clup mulch will not be required in the floodplain. This work to be part
of a separate landscaping contract.
At I35E and Shepazd Road interchange, do landscaping with a vegetation regime. Work with
the St Paul Pazks staff to incorporate concepts from the "Great Kiver Greening" program. This
work to be part of a separaie landscaping contract.
Wetland
The State is investigating the possibility that mitigation for the wefland impacts in Crosby Fazm
Pazk can be done on-site in the pazk. The State would prefer mirigating in the park and will
continue working with the City Pazks and Recreation Department in implementing on-site
mitigation if feasible. Mitigation will be fully in compliance with the WCA and the COE.
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LIST OF EXHIBITS
E�IT 1
Map of project showing location of tunnel
EXHISIT 2
Table of all easements in City-owned properties
EXHIBIT 3A
Map showing location of easements in Hidden Falls/Crosby Farm
Regional Park
EXHIBIT 3B
Map showing location of flowage easement at Watergate Marina
EXHIBIT 4
Map showing wetlands in Hidden Falls/Crosby Farm Regional
Park that are impacted by the project
EXHIBIT 5
Graph and data showing the potential increase in the Mississippi
River flood stage during construction of the project
pp-�o�o
EXHIBIT 2
Easements in St Paul Parkland
Needed For SpeciTic Use Location Area Permanent Start End
(Acres) or
Temporary
1 Projea Access Road Crosby Park 2.39 Temporary January I, December 31,
Construc[ion East of 35E 2001 2007
Ac[ivities
2 Project Conswction Siaging Pad Crosby Pazk 1.68 Temporary Januazy 1, December 31,
ConsWC[ion West of 35E 2001 2007
Activi5es Along the river
3 Prqect ConsttucUOn of Pond Crosby Park 0.1 Temporary January 1, December 31,
Conswc6on Skimmer Swcture West of35E (Estimazed) 2001 �.2007
Aotivifies
4 DNR Flowage Easement Watetgate Mazina Area of marina Temporary January 1, December 31,
Requvement buildipgs 2001 2006
for Project
Permit
5 ConsWCtion & WeUand Crosby Pazk To be Temporary January i, December 31,
Maintenence of Creation/Enhancement East of 35E determined 2001 2011
WeUand and as agreed
(Project to by Ciry
Mitigation)
6 Access for Access Road Crosby Park To be Temporary 7anuary I, December 31,
Wetland Eastof35E determined, 2001 2011
Maintenance but no more
(Project than 2,39
Mitigatio�)
7 Permanent Access Road Crosby Park To be Pemianent January l, Permanent
Accessfoc Eastof35E detecmined, 2007
Bridge but no more
Maintenance than 2.39
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S.P. 1982-129 (T.H. 35E)
C.S. 1982 (35E=390) 901&902
County of Dakota
Dakota County Trail Commission
S.P. 6280-307 (T.H. 35E)
C.S. 6280 (35E=390) 901&909
County of Ramsey
St. Paul Park & Recreation Dept.
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
THIS LIMITED USE PERMIT, shail govern the operations of a pedestrian tunnel and non-motorized
recreational traits (hereinafter called "City/County trails") and requiring the use of chain-link fencing
and lockable pedestrian gates for permitted ingress/egress to the "controlled access" T.H. 35E right
of way corridor referenced herein, and is made between the STATE OF MINNESOTA,
DEPARTMENT OF TRANSPORTATION (herein calied the "State" or "Mn/DOT"), and both the CITY
OF SAINT PAUL, (herein called the "City") and DAKOTA COUNTY, (herein calied the "County").
WHEREAS, under contract specifications developed for the State's Projects Numbered 1982-129
(T.H. 35E) and 6280-307 (T.H. 35E), Mn/DOT will construct its proposed northbound Mississippi
River bridge and railings to accommodate the City/County bridge trail and City operated bridge trail
lighting system, construct non-motorized City/County recreational trails and a City pedestrian tunnel,
and place State's fencing (w/pedestrian gates) as necessary to delineate and control access to the
T.H. 35E right of way corridor. Said trails, lighting system, bridge rails, tunnel and pedestrian gates
are to be operated, maintained and supervised by the City and County, as part of their respective trail
systems, by the schedule contained herein; now and
In accordance with Minnesota Statutes Section 161.434 and Federal-Aid Policy Guide, Part 652, a
Limited Use Permit is hereby granted to the City and the County, as Joint Permittees. This Permit is
for the purpose of governing their operations, maintenance and supervision of said non-motorized
trails, bridge trail lighting system, bridge rails, pedestrian tunnel and pedestrian gates, as such
improvements are located within fhe right of way of Trunk Highway IVo. 35E and as shown cofored in
red on Exhibit "A," which is attached hereto and incorporated herein by reference.
Page 1 of 6
Qci�l1 tv tT' i�
po -�o�o
This permit is executed by the Joint Permittees pursuant to their attached resolutions. In addition,
the foilowing special provisions shall apply:
SPECIAL PROVISIONS
1. The operation, maintenance and supervision of the City/County trails, City operated lighting
system and City/County bridge trail, and City tunnel shall be at no expense to the Minnesota
Department of Transportation. The annual period of such permitted operations will be from April
1 to October 31(inclusive), or as extended by the Minnesota Department of Transportation, through
its Office of the Metro Division Engineer, and excepting any closure of the City/County bridge
trail for safety reasons as determined by the Minnesota Department of Transportation, through
its Office of the Metro Division Engineer. The Permittees, as operators of the City/County
trails, City operated bridge trail lighting system, City/County bridge trail, and City tunnel shall
also have the right and responsibility to close the trails, as they deem necessary, with proper
notice given to the Office of the Metro Division Engineer.
2. Excepting future structural repairs to be provided by Mn/DOT on that portion of the T.H. 35E
bridge, for bridge rails and that part of the bridge deck that underlays the City/County bridge
trail surFace, any and all other normal maintenance of the City/County trails, City operated
bridge trail lighting system and bridge railings (delineating the City/County bridge trail), and
City tunnel, shall be provided by the Permittees within their respective corporate boundaries
,(except as modified in section A below); this includes, but is not limited to, the plowing and
` removal of snow, the sweeping and removal of sand/ref.use and solid debris, installation and
removal of regulatory and informational signs, all costs of electricity and maintenance for the
bridge trail lighting system, regular maintenance of all trail surFaces including joint and crack
repair, repainting (or cleaning) of graffiti from tunnel walls, bridge railings and trail surfaces,
regular law enforcement related to the safe and proper utilization of the City/County trails and
City tunnei, and regular inspection for debris and graffiti found to affect the safety and
aesthetics of the highway environment.
A.) With respect to the following maintenance duties, the responsibilities of each Joint
Permittee are as follows:
A1.) Dakota County shall be responsible for the following issues on the City/County
trail system from its terminus in Dakota County to the easterly entrance of the
City tunnel (under I-35E) located in Ramsey County:
a.) the plowing and removal of snow and ice,
b.) the sweeping and removal of sand and debris,
c.) regulaz inspection and cleaning of debris found to affect the safety, aesthetics
of the lughway environment.
A2.) The City of St. Paul shall be responsible for the following issues on the City/
County trail system from its termini in St. Paul to the southerly end of the
decorative/pedestrian lighting system located in Dakota County:
a.) the maintenance, repair and replacement parts for the omamental/
Page 2 of 6
D�-��o
pedestrian lighting, including the light poles and bulbs,
b.) the payment of the electricity costs for the omamentaUpedestrian lighting
system and regular inspection, painting and/or cleaning of graffiti on light
poles and/or bridge rails that is found to affect the safety and aesthetics of the
highway environment,
A3.) Furthermore, the City of St. Paul shall be responsible for the following issues on
the City/ County trail system from its termini in St. Paul to the easterly entrance
of the City tunnel (under I-35E) located in Ramsey County:
a.) the plowing and removal of snow and ice,
b.) the sweeping and removal of sand and debris,
c.) regular inspection and cleaning of debris found to affect the safety, aesthetics
of the highway environment.
A4.) Each Joint Permittee shall be responsible for the following issues on the parts of
the City/County trails within their respective corporate boundaries:
a.) installation and removal of regulatory and informational signs,
b.) law enforcement reJating to the safe and proper utilization of the City/County
trail,
c. ) regular maintenance of trail surfaces, including joint and crack repair;
d.) all other operation, :maintenance and supervision issues not described in
Items A1, A2 and A3.
A5.) Both Joint Permittees shall together be responsible for closure of the trail as they
determine necessary for reasons of safety or maintenance. This does not
prevent the right of the Minnesota Department of Transportation, through its
Office of the Metro Division Engineer, of closing the trail for safety reasons.
3. Before construction of any kind, the plans for such construction shall be approved in writing by
the Minnesota Department of Transportation, through its Office of the Metro Division Engineer.
4. Other than the above permitted items, 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.
5. No commercial activity or activities shall be allowed to operate upon said State of Minnesota
right of way.
6. The Permittees shall preserve and protect the State's total access control to T.H. 35E at all
times during their use of the CitylCounty trails and City tunnel. Placement of seasonal closure
warning signs shall be the responsibility of the Permittees. A minimum of 30 days notice will be
required for any change in Permittees' scheduled operations and for closures will necessitate
placement of temporary closure waming signs on the City/County trails, which shall be the
Page 3 of 6
� . > ,.
responsibility of the Joint Permittees. The Minnesota Department of Transportation will then
control the proposed lockable gates and Permittees' retum to normal access of the bridge trail
will be allowed only after their proper notice is given to the Metro Division Dispatcher (currently
location: Waters Edge Office, Phone: (651) 582-1550).
7. Minnesota Department of Transportation witl accommodate the Permittees' needs for
temporary operations and maintenance closures, and closures for urgent safety reasons, of
the City/County bridge trail facilities by allowing the Permittees to place their locks in tandem
with the State's at lockable gates as shown in the State's plans.
8. This permit is non-exclusive and is granted subject to the rights of others, including, but not
limited to pubtic utitities that may occupy said right of way.
9. The Permittees 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 Permittees to call the Gopher State One Call System at 1-800-252-1166 at
least 48 hours prior to perForming any excavation.
10. This permit does not release:the Permittees 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 Permittees.
11. Any use permitted by this permit shall remain subordinate to the right of the Minnesota
Department of Transportafion 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(fl 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.
12. This permit shall be subject to cancellation and termination by the Minnesota Department of
Transportation, with or without cause, by giving them sixty (60) days written notice of such
intent. Upon said notice of cancellation the City/County trails shall be removed within sixty
(60) days, at no cost to the Minnesota Department of Transportation, by the Permittees and at
the sole expense of the Permittees. Upon cancellation of said permit, or any portion thereof,
the Permittees wilf be required to retum and restore the area to a condition satisfactory to the
Minnesota Department of Transportation, Metro Division Engineer.
13. The Permittees, for themselves, their successors, and assigns, agree 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.
Page 4 of 6
00 -�o �o
14. The Permittees shall hold harmtess and indemnify the State of Minnesota, its Commissioner of
Transportation and employees and fts 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 City/County trails and City tunnel, or from the use
of those portions of highway right of way over which this permit is granted.
15. The Permittees shall hold harmless and indemnify the State of Minnesota, fts Commissioner of
Transportation and employees and its successors and assigns from claims arising or resulting
from the temporary or permanent termination of City/County trail user rights on any portion of
highway right of way over which this permit is granted.
16. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to
limit and/or restrict the assemblage of city 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 city trail
users.
17. The.Permittees shall hold harmless and indemnify the State of Minnesota; its CommissSoner of
Transportation and employeesfirom claims resulting from temporary orpermanent changes in
drainage pattems resulting in flood damage. ,� -
18. The Permittees 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 Permittees shall provide for cleanup of
the spilled material and of materials contaminated by the spillage in accordance with all
applicable federal, state and tocal laws and regulations, at the sole expense of the Permittees.
19. The Permittees (for themselves, their contractors, subcontractors, their materialmen, and all
other persons acting for, through or under them or any of them), covenants that no laborers',
mechanics', or materialmens' 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 persons
acting for, through or under them or any of them against the work and/or against said lands,
for or on account of any work done or materials furnished by them 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.
Page 5 of 6
0o-W1.
MtNNESOTA DEPARTNtENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
By
Metro Division Engineer
Date
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By
Director, Office of Land Management
Date
CITY OF SAINT PAUL
RAMSEY, MINNESOTA
COUNTY OF DAKOTA
MINNESOTA
RECOMMENDED FOR APPROVAL
By
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Date
APPROVED BY:
����
Date
RECOMMENDED FOR APPROVAL
By
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Date
APPROVED BY:
Date
?????
Page 6 of 6
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I6?I Beechwood Ave.
S[. Paul, MN 55116
651-698-4543
w�nv,�. fiendsotthep3r}s.org
Presiden[
Robert Nethercut
Vice Presidencs
Jeanne Weigum
Treazurer
7ames R. Bricher
Direcrors
Crazg Andresen
Perry R. Bolin
Theresa $radshaw
Dan Collins
Thomas T. Dw•igh[
Nei] Franey
William Frank
Esther Kelloge
Marilyn Lundberg
Mazk M. Nolan
Janec Olson
Larry Peteison
Scott Ramsay
Pierre Regnier
Jeny Seck
Manha Souclieray
Jeai[yn Thompson
Vice President Emeritus
Samuel H. Morgan
Director Emeeritus
David Lilly
Truman W. Porter
Ex OfEicio
Dennis Asmussen
Thomas Eggum
Mazc Goess
Greg Mack
7'erry Noonan
Vic Wittgeastein
Executive Duector
and Secretary
Peggy Lynch
Mississippi River
Bluffs Projec[ b4anager
Cindy Schwie
Approved by the Friends of the Parks and Tra+ls on August 17, 2000
WHEREAS, the I-35E bridge over the Mississippi River is scheduled to be rebuiit
within the next few years:
WHEREAS, one of the options fo improve the safety of fhis area for
pedestrians/bicyclists is for a tunnel or underpass under the ramps and I-35E;
WFiEREAS, pedestrian/bicycle iravel across the exiVentrance ramps to the l-35E
bridge off Shepard Road and under the I-35E bridge is dangerous as it presently
exists:
WHEFiEAS, this area is a key traii node in St. Paui with the bikeway/walkway to be
constructed on the new bridge which wi!! connect severa! regional trails including
Shepard-Warner Trait, the Crosby Farm - Hidden Faifs Regional Park and Trails
and the Mississ+ppi Gorge Trail;
WHEREAS, the trail along Shepard Road is part of the Saint Paul Grand Round;
WHEREAS, traffic safety wouid be improved with the addition of the
pedesirianlbikeway iunnel and the iunnel wou{d eliminate a!I conflicts beiween Srail
users and motorists;
WHEREAS, the underpass would resu(t in a near seam(ess trail - over 17 miles
long - along the Mississippi River from downtown Minneapolis through St. Paul.
NOW THEREFORE, BE IT RESOLVED, that the Friends of the Parks and Trails
support the underpass or tunnei with minimum dimensions of 14 ft. by 12 ft. for
pedestrians/bicycles under the entrance - exist ramps and i-35E at Shepard Road.
BE IT FURTHER RESOLVED, accommodafions be made for bicyclists who choose
to ride on Shepard Road with vehicular traffic.
�.II���I ��
Saint Paul Parks and Recreation Commission
� RESOLUTION 00-6
RESOLUTION CONCERNL'VG USE OF PARKLA:ti�
THE i�II�tNESOTA DEPAATMENT OF TRr�NSPORTATION'S (MNDO'I)
�' TRIJNK HIGHWAY" I3�E BRIDGE PROJECT:
CROSBY FARNI REGIQNAL PARK
bo -�
WHEREAS, the Saint Paul Pazks and Recreation Commission is an appointed body to
advise the Mayor and Ciiy Council on long-range and city-wide matters related to parks and
recreation; and
WHEREAS, Chapter 13, Section 13.01.1 of the Saint Paul City Chartzr requires that the
Parks and Recreation Commission revie�v proposed diversion or disposal of parkland and submit
its recommendation to the City Council; and
WHEREAS, MnDOT is preparing plans, specifications and construction documents
based upon iYs preliminary bridge design Altemate 4 to rebuiid the I-35E brid�e across the
Mississippi River beriveen Saint Paul and Lilydale/Mendota Hei�hts; and
WHEREAS, the Saint Paul City Council by its Resolution 99-810, has approved a
Memorandum of Understanding between the Ciry and MuDOT agreeina To said preliminary
bridge design Alternate 4 and goveming design issues inctuding minimizin� construction
impacts in Crosby Fazm Regional Pazk; and
tiVHEREAS, MnDOT requires certain temporary construction easements in Crosby Fann
Regional Park for construction access and sta�ing purposes durin� the bridge construction
project; and
WHEREAS, MnDOT also requires a temporary flowage easement at the Watergate
Niarina to comply with Di�'R requirements; and
WHEREAS, NInDOT and Cit}' Pazks and Recreation staffs hace worked to�ether to
determine the azeas ali�nment and location of said easements, and mitiQation and restoration
plans for same; therefore, �
BE IT RESOLVED, that the Saint Paul Pazks and Recreation Commission concurs that
the tzmporary construction easements proposed by MnDOT for the I-3�E bridQe project are
required in accordance with Citv Council Charter Section 13.01.1 and recommends approval of
said temporar;� construction easements by the Saint Pau1 Cit;r Council.
Adopted by the Saint Paul Pazks and Recreation Commission on (date) - �t.��cq �2. L ��
—�
Approved: Yeas �
?va}�s Q�
Abstentions � �
Resolution 00-6 Attested to by- �����''��
Staff to the Parks and Recreaz�on Commission
`� .
Sainf Paul Parl.s and Recreation Commission
RESOLUTION 04-'7
pp •.lo�o
WHEREAS, the Saint Paul Pazks and Recreation Commission is an appointed body to
advise the Mayor and Ciry Council on lonb ran�e and city-wide matters related to Parks and
Recreation; and
�VHEREAS, the Saint Paul Pazks ani3 Recreation Commission has reviewed MNDoT's
plans to use specific portions of Crosby Farm Regional Park for staging areas during construction
of the I-35E bridge; and
WHEREAS, the Saint Paul Parks and I2ecreation Commzssion has reviewed the
Memorandum of Understanding dated Aua st 2, 1999 between the State of Minnesota through
its Commissioner of Transportation and the City of Saint Pau1 and all of the conditions agreed
upon in that Memorandum, including the pFOVision under D. in the Trail Systems; "That it wi11
provide access for cyclists and pedestrians from the existing trail along Shepazd Road to the
proposed trazl on the Lexington Avenue Bridge; and Furthermore, MNDoT will implemenY
measures at both the southbound entrance ramp and the northbound e�t ramp of I-35E, to
improve the safety of cyclists and pedestrians using the Shepard Road trail"; and _
WHEREAS, the Saint Paul Parks and Recreation Commission has reviewed the
resolution of the City of Saint Paul, #99-810 approved on Auwst 18, 1999 which incorporates a11
of the conditions reached between the Ciry of Saint Paul and M\TDoT in the Memorandum of
Understandin�; therefore,
BE IT RESOLVED, that the Saint Paul Parks and Recreation Commission advises the
Saint Paul City Council that no agreement between the City of Saint Paul and MNDoT be
finalized until an agreement is reached regarding all of the conditions in these documents which
include the safety of pedestrians and bicyclists on Shepazd Road and I-35E
Adopted by the Saint Paul Pazks and Recreation Commission: Date � V2 ZC`��
Approved: Yeas 5
Navs �
Absen �
Resolution 00-7 Attested to by: _
S to the Pazks and Recreation Co 'ssion
-�
FRX N0. : Jul. 03 1998 09:05Rh( PS
(� b - LO10
v �r`1��
�I�`.���� r1>�OI�U�Y �Ur�i��
300 City Hall Annex, 25 tV. Fourtl: St, S[. Pau:, bfa`i -,266-64Q0
August 9, 2000
'Ihe Honorable M2yor Ivorm Coleman
City of Sain: Paul
Room 390 City Ha11
15 W. Keliogg Soutevard
Saint Paul, Minnesota 55102
pear Mayor Colcman;
The Saint Paui Aicycie Advisoxy Board (BA$) is s�ongly (4-i) in favor of buiiding a bicycte
and pedestrian tunnet under I-35E for fne Shepard Road Region4t Trail thst would tlSminate all
conflicu with motorisu while still maintaining thc at-gade s9dewalk, at a minimum, t2wt is
ourrenily availablc.
It is crirical cl�at the City of Saint Paul work wiih MnDOT to F�d a way to fund this project now•
as the only w•ay to economically build the tunnel or undtrpass is as a pazt of the I-35E bridge
pxoject that adll need to be 9n design by carly October. I1ie new bridge trail will greatly incraase
trail use on both sides of the river and a strong ease will be made that MnDOT should provide the
b:ilk of the fune�ing for the bridge trail approaches and tunnel, just like they're paying to rebuild
entran:e and exit ramps for motorists using the bridge.
Tfie I-35E tunnel or underpass has seceral points that must be addressed.
1. Ii is the key trail node in Saint Pau3. A new bikeway and wallcw�ay will cross the
Mississippi River as part of the I-35E bridge reconstruction. This uill connect savesa!
regional �ails including thc Shcpard - Wamcr T?ail to downtown Saint Paul, ihe P,�g
Rivers Regional Trail, the Lilydale$arriet Island Trail, the Fiidden �zlls-Crosby Fasm
Trail, the IvSississippi Gorge Trail and Cne I35E trail (three blocks away) that leads to
Grand Avenue and West'7� Strzet near the new Excel Ar�•na. The cozuiection of all of
ihese 2rai7s will grea:ly irzerease ihe use of the T-35E underpass by cyelists, welkets ana
in-line akaters. The trail elong Shepard Road is also part of the Saint Pzul Grand Round.
B aiI6i-� the I-35E underoass would resutT in a near sear�less tra�} - over 17 miles lone -
,e��n� thc �fissis ioni River from downtown Micmeaeolis tlirough Saint Paul There would
be onlv o�e parlctvav that �ail users vroald nzed to eross on this ec�?ire ch-etch if the tunnd
is buitt.
2. Traffic sstfeTy wonld be greatly improved. _The 35E �mderpass would eliminate all
confliMS behveen ffail users and motorists. The curxent abgrade trail aad aIl of the at-
ga8e hails proposed try MnDOT wouid �+equire ticyctists and pedcsuians us erost four
diffrsent lanes of traFfi� - thrce of th:sc wzthoti benefit of �uff'ic signals where motorists
are likely Yo be accelerating
-1-
. —�,�
FqX N0, : Jui. 03 1998 09:06HM P2
The Oregon Ikpartment of Transportation h2s peSlishcd Lhe mosi eomplete guide to ` 0`4
building bicycIe and pedestrian facitities that �s c�rrnTly available. In ihe section on b0 �
°At-((�'ado GYossings of Thorouahfazes it staYes,
� At grade erarstngs introduce confliet points, and grade separation
should be s�ught, as most path usus eYpect cont3nued separatzon
from trafJia TF.e greatzst eon}licts occur where p¢tFu c�oss freeway
entrance and ezit ramps. Motorisis wing thesa samps are seeking
epportunities So merge with jast moving tra�c. They a�e not
expecting bicyclisu a�p��mau � these Iocarions.
Besides thc probleans with at-grade crossings, the current sidewalk vadcr 35E does not
come close to meeting ene neennS standa:ds. A ten-foot-wndc path is recommrnded at
Q minimum, according to the American Assoaiario:i of Statc High�vay and Truisportstion
Officials (AASHTO).
The current sidewatk is techt�ica}ly oniy fhre�-fect•utide (it narrows to 2'-4" in ono spot).
Engneering stsadard� raquire a hvo-foot-vtide clear zone on both sides of the path so even
thougtt the sidewalk is ac;ven-feet-wide in most places ite effective width is much naztocver•
1VSnDOT staff has madc one proposal �at would narcow fne driving lanes on Shepard Road
and widrn the trait to six feet (xn feet ovcrall). This is stil] clearly inadequate. A fourteen-
f000-wide undcrpass could b� buiit that wouId a�tow• a tcn-foot-widc trail that would mcet
minimum standnrds and be 67% wider than the MnDOT proposal.
3. Personal safety issaes ure addres.sed. Bicyele / pedtskian tunne]s or undcrpasses have
been buili in recent ycars in several looations ttuoughout the metro aroa. T'he City of
Shofet'ieK� has built five tunncls including a 140•foot -long tunnel that leads &om a
zecrearion centcr to a secluded mazsh. T'hey ha�e report�d no perso�l safety probtems
(muggings, batterics, assults, ek.) at any of their uaderpasses. Saint Paut has at lea5t folu
tunnels plus long stretches of s�cluded traits in Croaby Fatm pxrk which is adjacent tn the
I-35E bridge. �zic'Z7�ompson has been Supervisor of Parks Secwity and dealt tivith issues
ofpark safety frn aver six yoars. He 3s not awarz of any personaS safety incidents at these
Wnnels or on tho secluded nearby trails. 73e even mentioned that tunnels can be an
atcao6on {e.g-, thc Sparta - Elroy Tcail in Wisconsin) and that inezezsed use, as this h'ail
can Surely expect, increases traii safety.
4. Distance irom SLepard Road is only a minor inconvenience for some truii users. To
makc the underpass ccoaomical:y feasibte, it mus bz bvi!= aboui 750 feet from Sheaad
Road. A sigaificaat percentege of cpclisu, in-line skaters and walktrc using the proposed
I.35E undr.pass would be crossing ocer the new� I-35b bridge trail and experience no
additional L'avel tune or distance. Trail users tiat would be continuing alonF; Shcpard
Rnad would need to go 750 feet, or about one block ez4a each way, to reach the undcrpass.
For a recreational eyclisu or skater averaging 12 MP�, thic would takc about 85 seconds.
The at-grade czassings would require cyclists a�zd skaters to stow down and stOp ap to fottr
times. The actuat difforence in travel time (not w mention thc energy required in stopping
and s�rrins) might bc mivmai compare@ Yn the na�-stop trail using the underpass.
5. Cns: of ihe tx:nnel cocld b_ absoxbed in tlae overall bridge reconstruction projeef.
Shoreviewbuiit a s2ate-of-the-atc, 140•foot-long bridge (12-feet w with landscaping,
lighting and decorarive retaining walls for SSOO,t100. This yeu, Hennepin County
compieted a more utilitarian 150-foot-long t�:anel (14fxt-wide) undcr Iiighway 101 for
$375,040. Cost esr:matcs for tho 180-fooalang I-35E turrael bave noi yet bern figured,
but thc above pro3�crs s�hich were elso "o�-�ut" t�s.nels, may be used as a guideline.
�2-
:�
Fqy� �. : Jul. 03 1998 09:07AM P3
00 ��lo
gunds from the C�tY of Saint Paul for buil8ing s�ei ��tion for MnDOI"s of psrk
, city docs havc some ieverage and wiR bc receiviag �omp
. land as a staming azea for the I35b bridge proj�ct.
It is wrnth noting �e compensation that Min.heapolis received when MnDOT rebuilt I-94
ovec she Mississippi River_ Becavse there a•as a p��t faldng of park land in
Iv(inneepolis CaPPaT��y not hue here) the tc�'o casas aren't identical. In Minneapolis,
Mzt�pT pennanenUy took 121 aCres of land and requir�d Le�Porary consec'action
easaments on 2•53 acrzs. In retvm, MNA�T built an 800-foot long trail alang the rivcr plus
a 650-f� long "bridge" on the M�ssissippi for a cost of 5632,805. Tn Saint Paul, MnDOT
is asIdng for temparary eonstruction easemenu on A.12 acres of lend for six y�G-
Even without funding frnm ihe te�nP°�Y ��ents, e stong esse can be inade for
M�p1' co include the trail approaches - end tiumel - in the's aversll funding of the I-35E
bridge project. They are paymg to rebuild the on and off ramps for motorists and funding
the "on and o£f trails" for bicyclists end pedes�iazLS �� just as iinportant.
�ollowing nadona� trcnds, MnA�T � an mereased iriterest in multimodal transporcation. In
commumiy meetings during the p T�nin�+ of the I-35E bridge reconstrvction, the only thing thst
atl parties initially ageed on was the ne�a m Provide a bik�way / cvalkway across the Nlississippi
givei as pazt of the project
Building the bridge hail will substantially increase the vst of trai7s on botL sides of the rives'•
MnDOT has carefully designed the new entrance and exit ramps for increas�d haffic flow and the
sa£cty of motorists using the bridge. Tnis same careful en,�ineering approach must be takrn with
the tail design foz bicyc]ists and pedesaians using the bridge and �1s aPProaches. The tunnel or
underpass would bo an integal part of the trail bridge apptoach and is cSeazly the only so2ution
that is accepmble using standard engineering prscrices. The design and construcuon of the trail
approaches - and tunnel at Shepard Road - on both ends of the bridge shouid be included as pazt
of the ovarall I-35E tmidge reeonsuvction project.
Sineerely,
�fA/�WL� �R�
�
RicHatd Arey
Chair, BicycSe A.dvisory Board
I2A/gar
Enciosure: Preliminary PIan of Timnel znd 7rails
C: Thomas Ezgum
Victoz WiY.genstein
GSty Cauncil
BAB
Council File # 4�� ��1�
�
Green Sheet # 10f� lD
C
;
Presented By
RESOLUTION
SAINT PAUL, MINNESOTA
� �. �� C� ��--_
55
Referred to
Committee: Date
1 WHEREAS, the Saint Paul City Council by its Resolution 99-810 approved a
2 Memorandum of Understanding (MOI� dated August 2, 1999 by and between the City of Saint
3 Paul and the State of Minnesota, Department of Transportation (MiiDOT), wherein the City
4 approved the Preliminary Layout known as Alternate 4 for the Le�ngton Avenue Bridge (I35E)
5 over the Mississippi River, and in return, MnDOT agreed upon certain conditions of the project,
6 and
WHEREAS, MnDOT has proceeded with its bridge planning, design and engineering
work based upon said Alternate 4 and the agreements incorporated in said MOU, and
9 WHEREAS, authorizations for approval by the City of Saint Paul for certain aspects of
10 the project are necessary at this time in order for MnDOT to proceed to the final design and
11 engineering phase of its work, as follows:
12
13
14
15
Authorization for approval of a limited use permit between the City, NInDOT and
Dakota County for the maintenance of the pedestrian-bicycle trail across the bridge.
3. Authorization for approval ofproject mitigation measures to satisfy federal4(fl
requirements.
16 3. Authorization for approval of temporary construction easements and a permanent
17 maintenance easement over City parkland in Crosby Farm Regional Park, recommended
18 for approval by the Saint Paul Parks and Recreation Commission in accordance with City
19 Charter Section 13.01.1., and
20 WHEREAS, MnDOT has prepared a Limited Use Permit (E�ibit A) which establishes
21 the proposed terms and conditions for City's and Dakota County's maintenance of the
22 pedestrian-bicycle trail across the bridge, and
23 WHEREAS, MnDOT has prepared a Memorandum of Agreement (MOA) (E�ibit B)
24 which establishes the proposed terms and conditions for City and MnDOT agreement for the
25 project, including a trail system tunnel under the I35E right of way, temporary and permanent
26 easements, and project mitigarion measures, and
Page 1 of 3
Council File # � �
Green Sheet # � �
RESOLUTION
CITY OF SAINT PAUL, MiNNESOTA
Presented By
Referred to
Committee: Date
27
28
29
WIIEREAS, the Saint Paul Parks and Recreation Commission, the Bicycle Advisory
Boazd and the Saint Paul and Ramsey County Friends of the Pazks and Trails have a11 endorsed
construction of the trail system tmuiel (E�ibit C), and
30 WHEREAS, the City's Department of Public Works and Division of Parks and
31 Recreation concur with the project design to date including the Limited Use Permit, provision of
32 the trail system tunnel, temporary and permanent easements and project mitigation measures and
33 recommend approval,
34
35
36
37
38
39
40
41
�
NOW THEREFORE BE IT RESOLVED, by the Council of the City of Saint Paul, that
the proper City officials are hereby authorized and directed to:
Enter into a Limited Use Permit between City, MnDOT and Dakota County for the
maintenance of the pedestrian-bicycle trail across the bridge (E�ibit A).
2. Enter into a Memorandum of Agreement, including project mitigation measures,
dedication of temporary and permanent easements and trail system tunnel, and CiTy
agrees to waive compensation for said easements subject to MnDOT's agreement to
include the trail system tunnel in the project (E�ibit B).
FURTHER RESOLVED, that City requires retention of the pedesirian walkway along
Shepazd Road, beneath I35E.
Page 2 of 3
:�-
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Council File #
Green Sheet # IOIo 10
Presented By
Referred to
Committee: Date
Requested by:
Adopted by Council:
Adopti
By —
Appr
By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Date (P��p�
by Council Secretary
Form Approved by City At-�
By:
�Approved y Mayor for Submission to
Council
B y : �/_� U ���'r��.
Page 3 of 3
DEPARTMENT/OFFICE/COUNQL DATE INITIATED �
Parks and Recreation, Public Works GREEN SHEET NO. 106710
Reai Estate Oct 7 6, 20�0 �� k ,D� , �
CONTACT PEflSON ANO PHONE �NITIAUDAiE INITIAUDATE
John Wirka 266-6411, Leon Pearson � pEpAflTMENTDIflECTOH 4 cirvcouNCa
266-6781, Peter White 266-68853 /�^ �GN —
NUMBER FOR� 2 a,v nrrrn�� e 5 ar� c�Enx
HOUNIG
MUST BE ON COUNC�L AGENpA BV (DATE7 OR�EH FINANCIAL SERVICES DIR. FINANpAL SEPVICES/ACCOUNTING
3 MAYOR (OR ASSISTANT) G PAFKS AND RECRFATION
, ri, �
TOTAI 8 OF SIGNAiUPE PAGES 1 (CLIP ALL LOCAl10N5 FOR SIGNATURE)
ACTION REQUESTED:
Approval of City Council Resolution Authorizing City to enter into a Memorandum of AgreemeM with MnDOT for
construction of 135E Sridge, and a Limited Use Permit with MnDOT and Dakota County for maintenance of pedestrian-
bicycle trail on bridge.
RECOMMENDATIONS: Approve �A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_PLANNING COMMISSION _CIVIL SERVICE COMMISSION �, Has [his persoNfirm ever worketl under a con[ract for this tlepartment?
CIB COMMITTEE __ YES NO
.4 STAFF 2. Has [�is person/firtn ever b¢en a tiry ¢mployee?
—� YES N�
DISTPILT GOUNqL
— — 3. Does [his person/firm possess a skill no[ rwrmaily possesseC by any curren[ City employee?
SUPPORTS WHICH COUIdC1L OBJECTIVE? YES NO
Explain al� yes answers on separate sheet and attach to green sheet.
INITIATING PflOBLEM, ISSUE, OPPORTUNITV IWho, What, When, Where, Why�:
City staff and MnDOT staff have worked together for several years to develop mutually acceptable plans for
reconstruction of the 135E bridge crossing the Mississippi River. On August 18, 1999 the City Council approved the
prefiminary pian known as Atternate 4, and that plan has been further developed in accordance with a Memorandum of
Uoderstanding between City and MnDOT, such that all parties are in agreement and recommend approval.
Specific approvals authorized by this resolution are for City to enter into:
1. A Limited Use Permit with MnDOT and Dakota County estabiishing each agency's respective responsibilities for
maintenance of trail on the new bridge.
2. A Memorandum of Agreement between MnDOT and City approving temporary construction easements, permanent
maintenance easement, mitigation measures and inclusion of a trail system tunnel under 35E in the project, for which
the City waives compensation for easements.
ADVANTAGESIFAPPROVED
DISADVANTAGES IF APPROVED
DISADVANTAGES IF NOTAPPROVED
TOOTAL AMOVNT OF TRANSACTION 9 COST/REVENUE BUDGEfED (qRCLE ONE) YES NO
FUNOING SOURCE ACTNITY NUMeER
FINANCIAL INPoftMATION: (EXPLAIN�
,y . a
�
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This Memorandum of Agreement between the State of Minnesota, Department of
Transportation, and the City of St. Paul sets forth various mitigation actions and including the
construction of a trail tunnel in return far zero dollar temporary easement and permanent
easement.
Date
Minnesota, Department of Transportarion
Date
City of St Paul
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MEMORANDUM OF AGREEMENT
Tlus Memorandum of Agreement is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter refened to as the "State" and the City of
St Paul, hereinafter referred to as the "City."
The State needs and the City is willing to transfer zero dollar temporary easements and one zero
dollar pennanent easement in retum for construction of a trail tunnel under Interstate 35E
(I35E) and various other mirigation. The temporary easements aze needed for a project that will
construct a new I35E bridge over the Mississippi River (the Le�ngton Bridge), and the
permanent easement is needed for access to maintain the Lexington Bridge.
In consideration of the impacts, described herein, to City-owned 4(fj resources (including the
use and occupation of City-owned Hidden Falls/Crosby Fann Regional Park), the State will
provide the mitigation described herein, including the construction of a trail tunnel under I35E.
(See E�ibit 1 for map showing location of tunnel).
In reriun for the mitigation described herein, the City will provide to the State zero dollar �•_
temporary easements and gernuts to construct, and one zero dollaz permanent easement for
bridge maintenance access, all easements as described in E�ibit 2 and shown in Exhibits 3A
and 3B. Furthermore, the mitigation, inciuding conskuction of the trail tunnel under I35E, will
be full safisfaction of the provisions of the St Paul City Charter, Sec6on 13.01.1, as it applies to
a11 the easements needed in St Paul pazkland for the conshvction of the Le�ngton Bridge and
also including the permanent maintenance easement for access to the Le�ungton Bridge.
Furthermore, the mitigation herein agreed to is part of an overall package, not an item-by-item
restitution. Thus, the tunnel to be built by the State, the flowage easement at Watergate Marina
to be provided by the City, and the permanent easement (for bridge maintenance access) to be
provided by the City, are all part of this agreement. Also, tlus document describes ali
anticipated impacts to City-owned 4( fl properties and the complete mitigafion for those
impacts, as agreed to by the City and the State.
IMPACTS AND MITIGATION
The State has worked for over two yeazs with the Pazks and Recreation Department of the City
of St Paul in order to m;nimize impacts to the City's pazkland from the State's Le�ngton
Bridge project, and also to determine appropriate mitigation for the impacts to City-owned
pazkland resulting from the State's project. Both the City (including the City's Department of
Pazks and Recreation) and the State agree that the encroachment into parkland and the impacts
to pazkland will have no significant long term effect on the use of the park, and that the
mitigation agreed to is appropriate.
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As a result of these communications, both the State and the City (including the City's
Depaztment of Pazks and Recreation) agree with the description herein of the Le�ngton Bridge
projecYs impacts to both Hidden Falls/Crosby Farm Kegional Pazk and to Watergate Mazina,
and both agree to the mitigation for those impacts described herein, the mitigation to be done
by the State.
IMPACTS
Occupation of and easements in 4(f) Properties
The occupation and easements will be for the purposes of construction and construction access for
the Le�ungton Bridge project, with the excepfions of: (1) a flowage easement for potential
temporary flood stage increases caused by the Lexington Bridge project (see below, Flood Stage
Increase at Watergate Marina), (2) easements that may be needed to mitigate for wetland impacts
resulting from the Lexington Bridge project, and (3) a permanent easement for access to the bridge
for maintenance purposes. All easements are listed in Exhibit 2 and aze shown graphically in
E�ibits 3A and 3B. The easements in the park are also needed to implement a landscaping project,
which is par[ of the mitigation and that will follow the Lexington Bridge project.
Occupation and Construc6on Easements
In order to construct the new Lexington Bridge it will be necessary to occupy 4( fl land owned by
the City of St Paul, in Hidden Fa11s1Crosby Farm Regional Park. This park consists of a total of
674.5 acres. The area of parkTand to be occupied for the project will be approximately 4.2 acres,
about 0.62% of the park's total azea. Up to two addirional acres may be occupied for wetland
mitigation if it is deemed feasible to mitigate in Crosby Fazm Pazk and if the City's Parks and
Recreation Department agrees to such mitigation.
Flowage Easement at Watergate Marina
A flowage easement is needed by the State to satisfy the State DNR requirements regazding the
Lexington Bridge project's potential to temporarily increase the flood stage ofthe Mississippi
River. This easement at Watergate Marina, which is upstream from the project site, is explained
in below under the title: Flood Stage Increase at Watergate Marina.
Wetland Mitigation Easements
If on-site wefland mitigation is determined to be feasible and if the City Pazks and Recreation
Depar�ent agrees to on-site mitigarion, easements will be needed in the park for both
construction and maintenance of the wetland. Although the area needed for these potential
easements has not yet been detennined, they are described in E�ibit 2 and shown graphically
in E�ibit 3A. These easements, if needed, will be part of the mitigation, and as such will not
be part of the impacts to the pazk.
Permanent Bridge Maintenance Access Easement
As part of the negotiations between the State and the City, a pennanent easement allowing the
State access to the bridge for maintenance purposes is also included in this agreement. The azea
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of ttris easement has not yet been determined, but will be no more that #he 239 acres needed for
the construction access easement and its azea will be within the boundaries of the construction
access easement (easement # 2).
Flood Stage Increase at Watergate Marina
The project will requue placing temporary fill in the floodplain (during construction) for the
access road and the construction staging azea. This fill may cause an increase in the flood stage
upstream if a major flood occurs during the construction period. Watergate Marina is a City-
owned facility upstream from the project that could be affected by this potential flood stage
increase. The estimated increase in flood stage for a 100-yeaz flood at the marina is six inches.
(See Exhibit 5, which shows graphically the projected potentiai flood stage increase).
Because of the potential increase in the flood stage during a major flood, the State DNR
requires that State obtain a flowage easement from the City for the temporary period affected.
The City has agreed to grant the State a zero dollar flowage easement as described in E�ibit 2
and shown in Extribit 3B. The flowage easement will grant the State the right to flood the azea
of the marina buildings up to six inches above the 100-year flood level. However, if a major
flood occurs, the City plans to sandbag to protect the main marina building as it did in the 1997
flood. (The storage building was allowed to flood in 199'n. The estimated additional cost to the
City (if a major flood occurs) would be the cost of additional sandbagging to raise the barrier
by six inches.
Trees
This project requires removal of floodplain trees from City of St. Paul pazkland to build a
construction staging pad and an access road to the pad. After working closely for over two years
to minimize these removals, the City and the State have agreed that the level of tree removals is
acceptable.
The goal of m;n;mizing tree impacts has been accomplished by greatly reducing the construction
staging area to a minimum practical size, and by a plan for locating approximately one third of the
staging azea in the river channel (by using sheet piling and placing fill in the river}. Furthermore,
the planned access road has been realigned, per City directions, to minimize uee impacts along the
road. As a result of these cooperative efforts, the number of lazge trees (over two feet in diameter)
to be removed has been reduced from about 34 trees to 17 trees.
Pond
The proposed Le�ngton Bridge, unlike the existing bridge, will not drain water directly into
the Mississippi River. Runoff from the highway bridge will be channeled to the eaiisting
holding pond west of I35E.
A sma11 amount of shallow excavation will be done to increase the pond's capacity. (The azea
will not exceed 0.1 acres). And a sldmmer structure will be constructed to prevent debris from
clogging the inlet of the pond's outlet pipe. More discussion is needed with the St Paul Park
staff to work out the details.
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Wetland
Five wetland sites have been identified near the construction site. Of those five, three aze
wetlands in the pazk that will be impacted by the project. (All wetlands impacted, whether in
the pazk or not, will be mitigated in full compliance with the WCA and the COB regulations).
The weflands in Hidden Falls/Crosby Fazm Pazk that will be impacted by the project are shown
in the map in Eaihibit 4.
Table 1 below shows both the temporary and permanent wetland impacts in Hidden
Falls/Crosby Farm Regional Park. There will be a temporary (during construction) impact to
2.1 acres of wefland in the park. Of this, 1.92 acres aze patt of Wefland No. 1(located at the
construction staging azea) and 0.17 acres are in Wetlands No. 3 and 5(along the access road).
The total permanent wefland impact will be about 0.1 acre. Almost all of the permanent impact
is in Wetland No. 3, with about 3% of it in Wefland No. 5.
TABLE 1
Wetland Impacts in Crosby Pazk
(acres)
Wetland Temporary Fill Permanent Fill
1 1.92
3 0.12 0.09
5 0.05 0.002
Total 2.09 0.092
MITIGATION
Tunnel
The State will construct, as part of its Lexington Bridge project, a tunnel underpass of I35E, as
shown in Exhibit 1, for the purpose of pmviding a route for the City's Shepazd Road trail across
I35E that does not cross the on- and off-ramps at grade.
Trees
To protect perixneter trees at the north and west ends of the conshuction pad, place 20 to 40 foot
wide geoteattile strip at these locations, which will reduce disturbance to the topsoil. To
minimize compaction and disturbance to the floodplain floor in the construction pad area, place
1' to 2' of a protective layer (e.g., wood chip, corncob, sand, pea-rock, grauel).
If necessary to re-establish a soil profile conducive to growing a healthy floodplain forest,
decompact the construction pad azea after removal of the fill. Soil ripping should be kept a
minimum of 20 feet from the trunks of perimeter trees on the north aad west sides of the
construction pad.
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Place temporary fencing at the construction limits prior to construction activities in order to
prevent injury to remaining trees on the perimeter of the constniction pad, the haul road and any
other locations where there are tree impacts. Silt fence can serve as tree protection in lieu of
temporary fencing where the two would overlap. However, along some azeas this conflicts with
the goal of allowing animal crossings (e.g., the access road area close to the staging pad). In any
case, the State is aware that there aze animal migration patterns, especially turtles and deer, and
the State plans to include measures that will enable these pattems. We will continue to work
with the St Paul Pazk staff to determine the best mix of bazriers and openings.
Reforest the floodplain area with the same species of bottomland hardwoods slated for removal
at a rate of 1200 trees and shrubs per acre (600 trees and 600 shrubs). For the trees use a rate of
40% eastern cottonwood, 30% silver maple, 20% green ash, and 10% black willow. American
elm and boxelder will seed themselves. Suitable shrubs include sandbaz willow, red-osier
dogwood, and false indigo. Reforest the bottomland areas with a combination of lazge balled-
and-burlapped trees, medium baze-root whips (4'-8' tall), and small baze-root seedling grade
plant stock (1'-2' tall). Ten balled-and-burlapped h�ees, 200 baze-root whips, and appma�imately
1000 seedlings per acre. (A11600 shrubs could be seedlings). To protect from deer and rabbits
all balled-and-burlappefl trees will be protected with a 4' tall hardware cloth cylinder, and a11
baze-root whip trees will be protected with 5' ta11 tree shelters. Seedling grade material will not
receive protection. Wood clup mulch will not be required in the floodplain. This work to be part
of a separate landscaping contract.
At I35E and Shepazd Road interchange, do landscaping with a vegetation regime. Work with
the St Paul Pazks staff to incorporate concepts from the "Great Kiver Greening" program. This
work to be part of a separaie landscaping contract.
Wetland
The State is investigating the possibility that mitigation for the wefland impacts in Crosby Fazm
Pazk can be done on-site in the pazk. The State would prefer mirigating in the park and will
continue working with the City Pazks and Recreation Department in implementing on-site
mitigation if feasible. Mitigation will be fully in compliance with the WCA and the COE.
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LIST OF EXHIBITS
E�IT 1
Map of project showing location of tunnel
EXHISIT 2
Table of all easements in City-owned properties
EXHIBIT 3A
Map showing location of easements in Hidden Falls/Crosby Farm
Regional Park
EXHIBIT 3B
Map showing location of flowage easement at Watergate Marina
EXHIBIT 4
Map showing wetlands in Hidden Falls/Crosby Farm Regional
Park that are impacted by the project
EXHIBIT 5
Graph and data showing the potential increase in the Mississippi
River flood stage during construction of the project
pp-�o�o
EXHIBIT 2
Easements in St Paul Parkland
Needed For SpeciTic Use Location Area Permanent Start End
(Acres) or
Temporary
1 Projea Access Road Crosby Park 2.39 Temporary January I, December 31,
Construc[ion East of 35E 2001 2007
Ac[ivities
2 Project Conswction Siaging Pad Crosby Pazk 1.68 Temporary Januazy 1, December 31,
ConsWC[ion West of 35E 2001 2007
Activi5es Along the river
3 Prqect ConsttucUOn of Pond Crosby Park 0.1 Temporary January 1, December 31,
Conswc6on Skimmer Swcture West of35E (Estimazed) 2001 �.2007
Aotivifies
4 DNR Flowage Easement Watetgate Mazina Area of marina Temporary January 1, December 31,
Requvement buildipgs 2001 2006
for Project
Permit
5 ConsWCtion & WeUand Crosby Pazk To be Temporary January i, December 31,
Maintenence of Creation/Enhancement East of 35E determined 2001 2011
WeUand and as agreed
(Project to by Ciry
Mitigation)
6 Access for Access Road Crosby Park To be Temporary 7anuary I, December 31,
Wetland Eastof35E determined, 2001 2011
Maintenance but no more
(Project than 2,39
Mitigatio�)
7 Permanent Access Road Crosby Park To be Pemianent January l, Permanent
Accessfoc Eastof35E detecmined, 2007
Bridge but no more
Maintenance than 2.39
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�i4TE j
S.P. 1982-129 (T.H. 35E)
C.S. 1982 (35E=390) 901&902
County of Dakota
Dakota County Trail Commission
S.P. 6280-307 (T.H. 35E)
C.S. 6280 (35E=390) 901&909
County of Ramsey
St. Paul Park & Recreation Dept.
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
THIS LIMITED USE PERMIT, shail govern the operations of a pedestrian tunnel and non-motorized
recreational traits (hereinafter called "City/County trails") and requiring the use of chain-link fencing
and lockable pedestrian gates for permitted ingress/egress to the "controlled access" T.H. 35E right
of way corridor referenced herein, and is made between the STATE OF MINNESOTA,
DEPARTMENT OF TRANSPORTATION (herein calied the "State" or "Mn/DOT"), and both the CITY
OF SAINT PAUL, (herein called the "City") and DAKOTA COUNTY, (herein calied the "County").
WHEREAS, under contract specifications developed for the State's Projects Numbered 1982-129
(T.H. 35E) and 6280-307 (T.H. 35E), Mn/DOT will construct its proposed northbound Mississippi
River bridge and railings to accommodate the City/County bridge trail and City operated bridge trail
lighting system, construct non-motorized City/County recreational trails and a City pedestrian tunnel,
and place State's fencing (w/pedestrian gates) as necessary to delineate and control access to the
T.H. 35E right of way corridor. Said trails, lighting system, bridge rails, tunnel and pedestrian gates
are to be operated, maintained and supervised by the City and County, as part of their respective trail
systems, by the schedule contained herein; now and
In accordance with Minnesota Statutes Section 161.434 and Federal-Aid Policy Guide, Part 652, a
Limited Use Permit is hereby granted to the City and the County, as Joint Permittees. This Permit is
for the purpose of governing their operations, maintenance and supervision of said non-motorized
trails, bridge trail lighting system, bridge rails, pedestrian tunnel and pedestrian gates, as such
improvements are located within fhe right of way of Trunk Highway IVo. 35E and as shown cofored in
red on Exhibit "A," which is attached hereto and incorporated herein by reference.
Page 1 of 6
Qci�l1 tv tT' i�
po -�o�o
This permit is executed by the Joint Permittees pursuant to their attached resolutions. In addition,
the foilowing special provisions shall apply:
SPECIAL PROVISIONS
1. The operation, maintenance and supervision of the City/County trails, City operated lighting
system and City/County bridge trail, and City tunnel shall be at no expense to the Minnesota
Department of Transportation. The annual period of such permitted operations will be from April
1 to October 31(inclusive), or as extended by the Minnesota Department of Transportation, through
its Office of the Metro Division Engineer, and excepting any closure of the City/County bridge
trail for safety reasons as determined by the Minnesota Department of Transportation, through
its Office of the Metro Division Engineer. The Permittees, as operators of the City/County
trails, City operated bridge trail lighting system, City/County bridge trail, and City tunnel shall
also have the right and responsibility to close the trails, as they deem necessary, with proper
notice given to the Office of the Metro Division Engineer.
2. Excepting future structural repairs to be provided by Mn/DOT on that portion of the T.H. 35E
bridge, for bridge rails and that part of the bridge deck that underlays the City/County bridge
trail surFace, any and all other normal maintenance of the City/County trails, City operated
bridge trail lighting system and bridge railings (delineating the City/County bridge trail), and
City tunnel, shall be provided by the Permittees within their respective corporate boundaries
,(except as modified in section A below); this includes, but is not limited to, the plowing and
` removal of snow, the sweeping and removal of sand/ref.use and solid debris, installation and
removal of regulatory and informational signs, all costs of electricity and maintenance for the
bridge trail lighting system, regular maintenance of all trail surFaces including joint and crack
repair, repainting (or cleaning) of graffiti from tunnel walls, bridge railings and trail surfaces,
regular law enforcement related to the safe and proper utilization of the City/County trails and
City tunnei, and regular inspection for debris and graffiti found to affect the safety and
aesthetics of the highway environment.
A.) With respect to the following maintenance duties, the responsibilities of each Joint
Permittee are as follows:
A1.) Dakota County shall be responsible for the following issues on the City/County
trail system from its terminus in Dakota County to the easterly entrance of the
City tunnel (under I-35E) located in Ramsey County:
a.) the plowing and removal of snow and ice,
b.) the sweeping and removal of sand and debris,
c.) regulaz inspection and cleaning of debris found to affect the safety, aesthetics
of the lughway environment.
A2.) The City of St. Paul shall be responsible for the following issues on the City/
County trail system from its termini in St. Paul to the southerly end of the
decorative/pedestrian lighting system located in Dakota County:
a.) the maintenance, repair and replacement parts for the omamental/
Page 2 of 6
D�-��o
pedestrian lighting, including the light poles and bulbs,
b.) the payment of the electricity costs for the omamentaUpedestrian lighting
system and regular inspection, painting and/or cleaning of graffiti on light
poles and/or bridge rails that is found to affect the safety and aesthetics of the
highway environment,
A3.) Furthermore, the City of St. Paul shall be responsible for the following issues on
the City/ County trail system from its termini in St. Paul to the easterly entrance
of the City tunnel (under I-35E) located in Ramsey County:
a.) the plowing and removal of snow and ice,
b.) the sweeping and removal of sand and debris,
c.) regular inspection and cleaning of debris found to affect the safety, aesthetics
of the highway environment.
A4.) Each Joint Permittee shall be responsible for the following issues on the parts of
the City/County trails within their respective corporate boundaries:
a.) installation and removal of regulatory and informational signs,
b.) law enforcement reJating to the safe and proper utilization of the City/County
trail,
c. ) regular maintenance of trail surfaces, including joint and crack repair;
d.) all other operation, :maintenance and supervision issues not described in
Items A1, A2 and A3.
A5.) Both Joint Permittees shall together be responsible for closure of the trail as they
determine necessary for reasons of safety or maintenance. This does not
prevent the right of the Minnesota Department of Transportation, through its
Office of the Metro Division Engineer, of closing the trail for safety reasons.
3. Before construction of any kind, the plans for such construction shall be approved in writing by
the Minnesota Department of Transportation, through its Office of the Metro Division Engineer.
4. Other than the above permitted items, 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.
5. No commercial activity or activities shall be allowed to operate upon said State of Minnesota
right of way.
6. The Permittees shall preserve and protect the State's total access control to T.H. 35E at all
times during their use of the CitylCounty trails and City tunnel. Placement of seasonal closure
warning signs shall be the responsibility of the Permittees. A minimum of 30 days notice will be
required for any change in Permittees' scheduled operations and for closures will necessitate
placement of temporary closure waming signs on the City/County trails, which shall be the
Page 3 of 6
� . > ,.
responsibility of the Joint Permittees. The Minnesota Department of Transportation will then
control the proposed lockable gates and Permittees' retum to normal access of the bridge trail
will be allowed only after their proper notice is given to the Metro Division Dispatcher (currently
location: Waters Edge Office, Phone: (651) 582-1550).
7. Minnesota Department of Transportation witl accommodate the Permittees' needs for
temporary operations and maintenance closures, and closures for urgent safety reasons, of
the City/County bridge trail facilities by allowing the Permittees to place their locks in tandem
with the State's at lockable gates as shown in the State's plans.
8. This permit is non-exclusive and is granted subject to the rights of others, including, but not
limited to pubtic utitities that may occupy said right of way.
9. The Permittees 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 Permittees to call the Gopher State One Call System at 1-800-252-1166 at
least 48 hours prior to perForming any excavation.
10. This permit does not release:the Permittees 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 Permittees.
11. Any use permitted by this permit shall remain subordinate to the right of the Minnesota
Department of Transportafion 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(fl 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.
12. This permit shall be subject to cancellation and termination by the Minnesota Department of
Transportation, with or without cause, by giving them sixty (60) days written notice of such
intent. Upon said notice of cancellation the City/County trails shall be removed within sixty
(60) days, at no cost to the Minnesota Department of Transportation, by the Permittees and at
the sole expense of the Permittees. Upon cancellation of said permit, or any portion thereof,
the Permittees wilf be required to retum and restore the area to a condition satisfactory to the
Minnesota Department of Transportation, Metro Division Engineer.
13. The Permittees, for themselves, their successors, and assigns, agree 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.
Page 4 of 6
00 -�o �o
14. The Permittees shall hold harmtess and indemnify the State of Minnesota, its Commissioner of
Transportation and employees and fts 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 City/County trails and City tunnel, or from the use
of those portions of highway right of way over which this permit is granted.
15. The Permittees shall hold harmless and indemnify the State of Minnesota, fts Commissioner of
Transportation and employees and its successors and assigns from claims arising or resulting
from the temporary or permanent termination of City/County trail user rights on any portion of
highway right of way over which this permit is granted.
16. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to
limit and/or restrict the assemblage of city 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 city trail
users.
17. The.Permittees shall hold harmless and indemnify the State of Minnesota; its CommissSoner of
Transportation and employeesfirom claims resulting from temporary orpermanent changes in
drainage pattems resulting in flood damage. ,� -
18. The Permittees 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 Permittees shall provide for cleanup of
the spilled material and of materials contaminated by the spillage in accordance with all
applicable federal, state and tocal laws and regulations, at the sole expense of the Permittees.
19. The Permittees (for themselves, their contractors, subcontractors, their materialmen, and all
other persons acting for, through or under them or any of them), covenants that no laborers',
mechanics', or materialmens' 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 persons
acting for, through or under them or any of them against the work and/or against said lands,
for or on account of any work done or materials furnished by them 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.
Page 5 of 6
0o-W1.
MtNNESOTA DEPARTNtENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
By
Metro Division Engineer
Date
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By
Director, Office of Land Management
Date
CITY OF SAINT PAUL
RAMSEY, MINNESOTA
COUNTY OF DAKOTA
MINNESOTA
RECOMMENDED FOR APPROVAL
By
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Date
APPROVED BY:
����
Date
RECOMMENDED FOR APPROVAL
By
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Date
APPROVED BY:
Date
?????
Page 6 of 6
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I6?I Beechwood Ave.
S[. Paul, MN 55116
651-698-4543
w�nv,�. fiendsotthep3r}s.org
Presiden[
Robert Nethercut
Vice Presidencs
Jeanne Weigum
Treazurer
7ames R. Bricher
Direcrors
Crazg Andresen
Perry R. Bolin
Theresa $radshaw
Dan Collins
Thomas T. Dw•igh[
Nei] Franey
William Frank
Esther Kelloge
Marilyn Lundberg
Mazk M. Nolan
Janec Olson
Larry Peteison
Scott Ramsay
Pierre Regnier
Jeny Seck
Manha Souclieray
Jeai[yn Thompson
Vice President Emeritus
Samuel H. Morgan
Director Emeeritus
David Lilly
Truman W. Porter
Ex OfEicio
Dennis Asmussen
Thomas Eggum
Mazc Goess
Greg Mack
7'erry Noonan
Vic Wittgeastein
Executive Duector
and Secretary
Peggy Lynch
Mississippi River
Bluffs Projec[ b4anager
Cindy Schwie
Approved by the Friends of the Parks and Tra+ls on August 17, 2000
WHEREAS, the I-35E bridge over the Mississippi River is scheduled to be rebuiit
within the next few years:
WHEREAS, one of the options fo improve the safety of fhis area for
pedestrians/bicyclists is for a tunnel or underpass under the ramps and I-35E;
WFiEREAS, pedestrian/bicycle iravel across the exiVentrance ramps to the l-35E
bridge off Shepard Road and under the I-35E bridge is dangerous as it presently
exists:
WHEFiEAS, this area is a key traii node in St. Paui with the bikeway/walkway to be
constructed on the new bridge which wi!! connect severa! regional trails including
Shepard-Warner Trait, the Crosby Farm - Hidden Faifs Regional Park and Trails
and the Mississ+ppi Gorge Trail;
WHEREAS, the trail along Shepard Road is part of the Saint Paul Grand Round;
WHEREAS, traffic safety wouid be improved with the addition of the
pedesirianlbikeway iunnel and the iunnel wou{d eliminate a!I conflicts beiween Srail
users and motorists;
WHEREAS, the underpass would resu(t in a near seam(ess trail - over 17 miles
long - along the Mississippi River from downtown Minneapolis through St. Paul.
NOW THEREFORE, BE IT RESOLVED, that the Friends of the Parks and Trails
support the underpass or tunnei with minimum dimensions of 14 ft. by 12 ft. for
pedestrians/bicycles under the entrance - exist ramps and i-35E at Shepard Road.
BE IT FURTHER RESOLVED, accommodafions be made for bicyclists who choose
to ride on Shepard Road with vehicular traffic.
�.II���I ��
Saint Paul Parks and Recreation Commission
� RESOLUTION 00-6
RESOLUTION CONCERNL'VG USE OF PARKLA:ti�
THE i�II�tNESOTA DEPAATMENT OF TRr�NSPORTATION'S (MNDO'I)
�' TRIJNK HIGHWAY" I3�E BRIDGE PROJECT:
CROSBY FARNI REGIQNAL PARK
bo -�
WHEREAS, the Saint Paul Pazks and Recreation Commission is an appointed body to
advise the Mayor and Ciiy Council on long-range and city-wide matters related to parks and
recreation; and
WHEREAS, Chapter 13, Section 13.01.1 of the Saint Paul City Chartzr requires that the
Parks and Recreation Commission revie�v proposed diversion or disposal of parkland and submit
its recommendation to the City Council; and
WHEREAS, MnDOT is preparing plans, specifications and construction documents
based upon iYs preliminary bridge design Altemate 4 to rebuiid the I-35E brid�e across the
Mississippi River beriveen Saint Paul and Lilydale/Mendota Hei�hts; and
WHEREAS, the Saint Paul City Council by its Resolution 99-810, has approved a
Memorandum of Understanding between the Ciry and MuDOT agreeina To said preliminary
bridge design Alternate 4 and goveming design issues inctuding minimizin� construction
impacts in Crosby Fazm Regional Pazk; and
tiVHEREAS, MnDOT requires certain temporary construction easements in Crosby Fann
Regional Park for construction access and sta�ing purposes durin� the bridge construction
project; and
WHEREAS, MnDOT also requires a temporary flowage easement at the Watergate
Niarina to comply with Di�'R requirements; and
WHEREAS, NInDOT and Cit}' Pazks and Recreation staffs hace worked to�ether to
determine the azeas ali�nment and location of said easements, and mitiQation and restoration
plans for same; therefore, �
BE IT RESOLVED, that the Saint Paul Pazks and Recreation Commission concurs that
the tzmporary construction easements proposed by MnDOT for the I-3�E bridQe project are
required in accordance with Citv Council Charter Section 13.01.1 and recommends approval of
said temporar;� construction easements by the Saint Pau1 Cit;r Council.
Adopted by the Saint Paul Pazks and Recreation Commission on (date) - �t.��cq �2. L ��
—�
Approved: Yeas �
?va}�s Q�
Abstentions � �
Resolution 00-6 Attested to by- �����''��
Staff to the Parks and Recreaz�on Commission
`� .
Sainf Paul Parl.s and Recreation Commission
RESOLUTION 04-'7
pp •.lo�o
WHEREAS, the Saint Paul Pazks and Recreation Commission is an appointed body to
advise the Mayor and Ciry Council on lonb ran�e and city-wide matters related to Parks and
Recreation; and
�VHEREAS, the Saint Paul Pazks ani3 Recreation Commission has reviewed MNDoT's
plans to use specific portions of Crosby Farm Regional Park for staging areas during construction
of the I-35E bridge; and
WHEREAS, the Saint Paul Parks and I2ecreation Commzssion has reviewed the
Memorandum of Understanding dated Aua st 2, 1999 between the State of Minnesota through
its Commissioner of Transportation and the City of Saint Pau1 and all of the conditions agreed
upon in that Memorandum, including the pFOVision under D. in the Trail Systems; "That it wi11
provide access for cyclists and pedestrians from the existing trail along Shepazd Road to the
proposed trazl on the Lexington Avenue Bridge; and Furthermore, MNDoT will implemenY
measures at both the southbound entrance ramp and the northbound e�t ramp of I-35E, to
improve the safety of cyclists and pedestrians using the Shepard Road trail"; and _
WHEREAS, the Saint Paul Parks and Recreation Commission has reviewed the
resolution of the City of Saint Paul, #99-810 approved on Auwst 18, 1999 which incorporates a11
of the conditions reached between the Ciry of Saint Paul and M\TDoT in the Memorandum of
Understandin�; therefore,
BE IT RESOLVED, that the Saint Paul Parks and Recreation Commission advises the
Saint Paul City Council that no agreement between the City of Saint Paul and MNDoT be
finalized until an agreement is reached regarding all of the conditions in these documents which
include the safety of pedestrians and bicyclists on Shepazd Road and I-35E
Adopted by the Saint Paul Pazks and Recreation Commission: Date � V2 ZC`��
Approved: Yeas 5
Navs �
Absen �
Resolution 00-7 Attested to by: _
S to the Pazks and Recreation Co 'ssion
-�
FRX N0. : Jul. 03 1998 09:05Rh( PS
(� b - LO10
v �r`1��
�I�`.���� r1>�OI�U�Y �Ur�i��
300 City Hall Annex, 25 tV. Fourtl: St, S[. Pau:, bfa`i -,266-64Q0
August 9, 2000
'Ihe Honorable M2yor Ivorm Coleman
City of Sain: Paul
Room 390 City Ha11
15 W. Keliogg Soutevard
Saint Paul, Minnesota 55102
pear Mayor Colcman;
The Saint Paui Aicycie Advisoxy Board (BA$) is s�ongly (4-i) in favor of buiiding a bicycte
and pedestrian tunnet under I-35E for fne Shepard Road Region4t Trail thst would tlSminate all
conflicu with motorisu while still maintaining thc at-gade s9dewalk, at a minimum, t2wt is
ourrenily availablc.
It is crirical cl�at the City of Saint Paul work wiih MnDOT to F�d a way to fund this project now•
as the only w•ay to economically build the tunnel or undtrpass is as a pazt of the I-35E bridge
pxoject that adll need to be 9n design by carly October. I1ie new bridge trail will greatly incraase
trail use on both sides of the river and a strong ease will be made that MnDOT should provide the
b:ilk of the fune�ing for the bridge trail approaches and tunnel, just like they're paying to rebuild
entran:e and exit ramps for motorists using the bridge.
Tfie I-35E tunnel or underpass has seceral points that must be addressed.
1. Ii is the key trail node in Saint Pau3. A new bikeway and wallcw�ay will cross the
Mississippi River as part of the I-35E bridge reconstruction. This uill connect savesa!
regional �ails including thc Shcpard - Wamcr T?ail to downtown Saint Paul, ihe P,�g
Rivers Regional Trail, the Lilydale$arriet Island Trail, the Fiidden �zlls-Crosby Fasm
Trail, the IvSississippi Gorge Trail and Cne I35E trail (three blocks away) that leads to
Grand Avenue and West'7� Strzet near the new Excel Ar�•na. The cozuiection of all of
ihese 2rai7s will grea:ly irzerease ihe use of the T-35E underpass by cyelists, welkets ana
in-line akaters. The trail elong Shepard Road is also part of the Saint Pzul Grand Round.
B aiI6i-� the I-35E underoass would resutT in a near sear�less tra�} - over 17 miles lone -
,e��n� thc �fissis ioni River from downtown Micmeaeolis tlirough Saint Paul There would
be onlv o�e parlctvav that �ail users vroald nzed to eross on this ec�?ire ch-etch if the tunnd
is buitt.
2. Traffic sstfeTy wonld be greatly improved. _The 35E �mderpass would eliminate all
confliMS behveen ffail users and motorists. The curxent abgrade trail aad aIl of the at-
ga8e hails proposed try MnDOT wouid �+equire ticyctists and pedcsuians us erost four
diffrsent lanes of traFfi� - thrce of th:sc wzthoti benefit of �uff'ic signals where motorists
are likely Yo be accelerating
-1-
. —�,�
FqX N0, : Jui. 03 1998 09:06HM P2
The Oregon Ikpartment of Transportation h2s peSlishcd Lhe mosi eomplete guide to ` 0`4
building bicycIe and pedestrian facitities that �s c�rrnTly available. In ihe section on b0 �
°At-((�'ado GYossings of Thorouahfazes it staYes,
� At grade erarstngs introduce confliet points, and grade separation
should be s�ught, as most path usus eYpect cont3nued separatzon
from trafJia TF.e greatzst eon}licts occur where p¢tFu c�oss freeway
entrance and ezit ramps. Motorisis wing thesa samps are seeking
epportunities So merge with jast moving tra�c. They a�e not
expecting bicyclisu a�p��mau � these Iocarions.
Besides thc probleans with at-grade crossings, the current sidewalk vadcr 35E does not
come close to meeting ene neennS standa:ds. A ten-foot-wndc path is recommrnded at
Q minimum, according to the American Assoaiario:i of Statc High�vay and Truisportstion
Officials (AASHTO).
The current sidewatk is techt�ica}ly oniy fhre�-fect•utide (it narrows to 2'-4" in ono spot).
Engneering stsadard� raquire a hvo-foot-vtide clear zone on both sides of the path so even
thougtt the sidewalk is ac;ven-feet-wide in most places ite effective width is much naztocver•
1VSnDOT staff has madc one proposal �at would narcow fne driving lanes on Shepard Road
and widrn the trait to six feet (xn feet ovcrall). This is stil] clearly inadequate. A fourteen-
f000-wide undcrpass could b� buiit that wouId a�tow• a tcn-foot-widc trail that would mcet
minimum standnrds and be 67% wider than the MnDOT proposal.
3. Personal safety issaes ure addres.sed. Bicyele / pedtskian tunne]s or undcrpasses have
been buili in recent ycars in several looations ttuoughout the metro aroa. T'he City of
Shofet'ieK� has built five tunncls including a 140•foot -long tunnel that leads &om a
zecrearion centcr to a secluded mazsh. T'hey ha�e report�d no perso�l safety probtems
(muggings, batterics, assults, ek.) at any of their uaderpasses. Saint Paut has at lea5t folu
tunnels plus long stretches of s�cluded traits in Croaby Fatm pxrk which is adjacent tn the
I-35E bridge. �zic'Z7�ompson has been Supervisor of Parks Secwity and dealt tivith issues
ofpark safety frn aver six yoars. He 3s not awarz of any personaS safety incidents at these
Wnnels or on tho secluded nearby trails. 73e even mentioned that tunnels can be an
atcao6on {e.g-, thc Sparta - Elroy Tcail in Wisconsin) and that inezezsed use, as this h'ail
can Surely expect, increases traii safety.
4. Distance irom SLepard Road is only a minor inconvenience for some truii users. To
makc the underpass ccoaomical:y feasibte, it mus bz bvi!= aboui 750 feet from Sheaad
Road. A sigaificaat percentege of cpclisu, in-line skaters and walktrc using the proposed
I.35E undr.pass would be crossing ocer the new� I-35b bridge trail and experience no
additional L'avel tune or distance. Trail users tiat would be continuing alonF; Shcpard
Rnad would need to go 750 feet, or about one block ez4a each way, to reach the undcrpass.
For a recreational eyclisu or skater averaging 12 MP�, thic would takc about 85 seconds.
The at-grade czassings would require cyclists a�zd skaters to stow down and stOp ap to fottr
times. The actuat difforence in travel time (not w mention thc energy required in stopping
and s�rrins) might bc mivmai compare@ Yn the na�-stop trail using the underpass.
5. Cns: of ihe tx:nnel cocld b_ absoxbed in tlae overall bridge reconstruction projeef.
Shoreviewbuiit a s2ate-of-the-atc, 140•foot-long bridge (12-feet w with landscaping,
lighting and decorarive retaining walls for SSOO,t100. This yeu, Hennepin County
compieted a more utilitarian 150-foot-long t�:anel (14fxt-wide) undcr Iiighway 101 for
$375,040. Cost esr:matcs for tho 180-fooalang I-35E turrael bave noi yet bern figured,
but thc above pro3�crs s�hich were elso "o�-�ut" t�s.nels, may be used as a guideline.
�2-
:�
Fqy� �. : Jul. 03 1998 09:07AM P3
00 ��lo
gunds from the C�tY of Saint Paul for buil8ing s�ei ��tion for MnDOI"s of psrk
, city docs havc some ieverage and wiR bc receiviag �omp
. land as a staming azea for the I35b bridge proj�ct.
It is wrnth noting �e compensation that Min.heapolis received when MnDOT rebuilt I-94
ovec she Mississippi River_ Becavse there a•as a p��t faldng of park land in
Iv(inneepolis CaPPaT��y not hue here) the tc�'o casas aren't identical. In Minneapolis,
Mzt�pT pennanenUy took 121 aCres of land and requir�d Le�Porary consec'action
easaments on 2•53 acrzs. In retvm, MNA�T built an 800-foot long trail alang the rivcr plus
a 650-f� long "bridge" on the M�ssissippi for a cost of 5632,805. Tn Saint Paul, MnDOT
is asIdng for temparary eonstruction easemenu on A.12 acres of lend for six y�G-
Even without funding frnm ihe te�nP°�Y ��ents, e stong esse can be inade for
M�p1' co include the trail approaches - end tiumel - in the's aversll funding of the I-35E
bridge project. They are paymg to rebuild the on and off ramps for motorists and funding
the "on and o£f trails" for bicyclists end pedes�iazLS �� just as iinportant.
�ollowing nadona� trcnds, MnA�T � an mereased iriterest in multimodal transporcation. In
commumiy meetings during the p T�nin�+ of the I-35E bridge reconstrvction, the only thing thst
atl parties initially ageed on was the ne�a m Provide a bik�way / cvalkway across the Nlississippi
givei as pazt of the project
Building the bridge hail will substantially increase the vst of trai7s on botL sides of the rives'•
MnDOT has carefully designed the new entrance and exit ramps for increas�d haffic flow and the
sa£cty of motorists using the bridge. Tnis same careful en,�ineering approach must be takrn with
the tail design foz bicyc]ists and pedesaians using the bridge and �1s aPProaches. The tunnel or
underpass would bo an integal part of the trail bridge apptoach and is cSeazly the only so2ution
that is accepmble using standard engineering prscrices. The design and construcuon of the trail
approaches - and tunnel at Shepard Road - on both ends of the bridge shouid be included as pazt
of the ovarall I-35E tmidge reeonsuvction project.
Sineerely,
�fA/�WL� �R�
�
RicHatd Arey
Chair, BicycSe A.dvisory Board
I2A/gar
Enciosure: Preliminary PIan of Timnel znd 7rails
C: Thomas Ezgum
Victoz WiY.genstein
GSty Cauncil
BAB