06-713Ret�rn copy to. (bn)
Technical Services Division
1000 City Hatl Annex
Presented By
Referred To
Committee: Date
1 WHEREAS, the City of Saint Faul (City), is constructing a pedestrian and bicycle trail
2 extending the Bruce Vento Trail to Indian Mounds Pazk and Downtown and,
4 WHEREAS, the Bruce Vento Trail Extension, includes construction of a pedestrian and
5 bicycle trail under the State Trunk Highway 94 right-of-way property Southerly of East 7`� St. near
6 Payne Avenue, and
7
8 WHEREAS, construction of said uail with take part on State of Minnesota right-of-way,
9 thereby necessitating a State of Minnesota Limited i3se Permit in order to conswct, operate and
10 maintain said pathway within State oP Minnesota right-of-way,
11
12 NOW THEREFORE BE IT RESOLVED, By Council of the City of Saint Paul that the
13 Mayor and proper City officials are hereby authorized and directed to enter into an agreement with
14 the State of Minnesota Department of Transportation prescribing the terms and conditions of said
15 Limited Use Permit substanfially as set forth in the "Stata of Minnesota Department of
16 Transportation Limited Use PermiP' attached hereto and incorporated herein by reference.
Yeas N Nays N Absent
Bostrom
Thune
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
��
CQUncil FYIe # ao-
Green Sheet# �p�3/ 3��
Parks And Becreation
��� : � _ /�_.� _ �
��� .-�
Adopted by Council: Date�
Adoption �C�ertified� Council
By: . // /Ll�IC� �/elllSrJ'
Requested by Department of:
Form Ap r ved by City Atto e�y
By: � r ""�!
for Submission to Council
�`.��-i1ll.�ll'II. !�r' —_
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
T�
� a r �,_, �_��3
DepartrnenUofficelcouncil: Date Initiated:
Pw -�b>><W� ,,���.� Green Sheet NO: 3031364
Contact Person & Phone:
806 No�ek
26f$863
Must Be on Council /\qenda by (Date):
26JUL-06
�/
Assgn
Number
For
Routing
Order
0 �blieWorks
Total # of Signature Pages _(Clip All Locations forSignature)
5 'tv erk G5 Cferk
Action Requested:
Approval of City Council Resolufion for the MnDoPs Limited Use Pemut for construction of ffie Bruce Vento Trail Extension under I94
neu Mounds Pazk
idations: ApPro�e (A) or Reject (R):
Planning Commission
CIB Committee
Crvil Senice Commiss(on
1. Has this persoNfirm e�er worked uMer a contract for this department?
Yes No
2. Has this persoNfim� e�er been a city emptoyee?
Yes No
3. Does this person/firm possess a skill not namally possessed by any
current city employee?
Yes No
Explain alI yes answers on separate sheet and altach to green sheet
Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why):
The City is constructing the Bruce Vento Trail Extension to Indian Mounds Pazk and Downtown and part of the trail mns under I94 on
MnDot's right-of-way. MnDot tequires a limited Use Pemut for this work
AdvanWqeslfApproved:
Pedestrian and bicycle trail can connect with Indian Mounds Park and Downtown
Disadvantages HApproved:
None
Disadvantages KNotApproved:
Trail cannot be extended
TotalAmountof �
Tra�saction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
July 93, 2006 5.�38 PM Page 1
�
L'�.-113
����'� ��U 7US-,S�
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT FOR
NONMOTORIZED RECREATIONAL TRAIL
C.S.6207-902
C.S.6283-902
County of Ramsey
In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as
the Federal-Aid Policy Guide, a Limited Use Permit is hereby granted to the City of St. Paul.
This permit is for the purpose of constructing, maintaining and operating a nonmotorized
recreational trail, (hereinaiter calied trail), within the right of way of Trunk Highway 94 as
shown in red on Exhibit "A", which is attached hereto and incorporated herein by reference.
This permit is executed by the Permittee pursuant to the attached resolution. In addition, the
following special provisions shall apply:
SPECIAL PROVIS{ONS
The construction, maintenance, and supervision of the trail shall be at no expense to
the Minnesota Department of Transportation.
2. Before construction of any kind, the plans for such construction shall be approved in
writing by the Minnesota Department of Transportation, through the District Engineer.
3. No permanent structure(s) or advertising device(s) in any manner, form or size shall
be constructed, placed or permitted to be constructed or placed upon the State of
Minnesota right of way.
4. No commercial activity or activities shall be allowed to operate upon said State of
Minnesota right of way.
Page 1 of 5
� V ' � ( �
5.Any and afi maintenance of the trail shall be provided by the Permittee; this includes,
but is not limited to, the plowing and remova{ of snow, and the instailation and removai
of regulatory signs.
Upon completion of the construction of the Bikeway Facility, the Facility will be
operated and maintained by the Locai Agency without cost of expense to the State.
Bikeway Facility operations and maintenance will include, but is not limited to, the
following:
a) Operate the Bikeway in accordance with the standards and guidelines the Local
Agency uses to operate its trail system; and
b) Monitor and evaluate Bikeway use and determine if expected winter usage
warrants keeping the bikeway open and reasonably free and clear from snow and
ice during the winter season; and
c) Maintain the bike trail so as to keep it in good repair and free from obstructions and
impediments that may intertere with the passage of bicycle traffic. Maintenance
will include all necessary preventive and corrective maintenance to preserve the
Bikeway and its associated walkways, drainage structures, ditches, bridges,
tunnels, and shoufders; and
d) Use snow and ice control measures as warranted to keep the Bikeway reasonabiy
clear of snow and ice and undertake proper and timely cleaning when necessary,
in accordance with the standards and guidelines the Local Agency uses to operate
its bikeways. This includes the removal of snow and ice that may accumulate as a
result of snow and ice operations on Mn/DOT's highways; and
e) Maintain the 8ikeway signing, striping, traffic control devices, fencing, railings,
safety devices, ligfiting systems, and any decorative enhancements. Pay al1 the
associated utility bills and pertorm Gopher State One Call utility lacates for utilities
associated with the Bikeway; and
fl Pertorm all necessary maintenance of vegetation and landscaping alongside the
Bikeway, including necessary and regular mowing, tree, shrub and flower
maintenance and replacement, noxious weed control, and litter or debris collection
and disposal.
6. This permit is non-exclusive and is granted subject to the rights of others, including, but
not limited to public utilities which may occupy said right of way.
7. The Permittee sha11 preserve and protect all utilities located on the lands covered
by this permit at no expense to the Minnesota Department of Transportation and it
shalf be the responsibility of the Permittee to cal! the Gopher State One Ca{I System
at 1-800-252-1166 at least 48 hours prior to pertorming any excavation.
Page 2 of 5
����i�
Any crossings of the trail over the trunk highway shall be perpendicular to the centerline
of the higfiway and shall provide and ensure reasonable and adequate stopping sight
distance.
The Permittee shall construct the trail at the location shown in the attached Exhibit "A"
subject to verification by the Minnesota Department of Transportation District Engineer
that the construction geometrics and procedures result in a trail that is compatible with
the safe and efficient operation of the highway facility.
10. Approval from Minnesota Department of Transportation District Engineer shall be
required for any changes from the approved plan.
11. Upon completion of the construction of the trail, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
12. This permit does not release the Permittee from any liability or obligation imposed by
federal law, Minnesota Statutes, local ordinances, or other agency regulations relating
thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
13. Any use permitted by this permit shalf remain subordinate to the right of the Minnesota
Department of Transportation to use the properky 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.
14. This permit shall be subject to cancellation and termination by the Minnesota
Department of Transportation, with or without cause, by giving the Permittee 90
days written notice of such intent. Upon said notice of cancellation the trail shall be
removed within 90 days by the Permittee. Upon cancellation of said permit, or any
portion thereof, the Permittee will be required to return and restore the area to a
condition satisfactory to the Minnesota Department of Transportation District Engineer.
The removal of the trail and the return and restoration of the area shall be at no cost to
the Minnesota Department of Transportation and at the sole expense of the Permittee.
15. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions
of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no
person in the United States, shall on the grounds ofi race, color, or national origin, be
excluded from, or denied use of any trail.
Page 3 of 5
��-���
16. The State of Minnesota, through its Commissioner of Transportation, shall retain the
right to limit and/or restrict the parking of vehicles and assemblage of trail users on the
highway right of way over which this permit is granted, so as to maintain the safety ofi
both the motoring public and trail users.
17. No assignment of this permit is allowed.
18. The Permittee shall not dispose of any materials regulated by any governmental or
regu{atory agency onto the ground, or into any body of water, or into any container on
the State's right of way. In the event of spillage of regulated materials, the Permittee
shall provide for cleanup of the spilled material and of materials contaminated by the
spillage in accordance with all applicable federai, state and local laws and regulations,
at the sole expense of the Permittee.
19. The Permittee shall hold harmfess and indemnify the State of Minnesota, its
Commissioner of Transportation and employees and its successors and assigns, from
liability claims for damages because of bodily injury, death, property damage, sickness,
disease, or loss and expense arising from the operations of the traii or from the use of
the portion of highway right of way over which this permit is granted.
20. The Permittee shall hoid harmiess and indemnifiy the State ofi Minnesota, its
Commissioner of Transportation and employees and its successors and assigns from
claims arising or result+ng from the temporary or permanent termination of trail user
rights on any portion of highway right of way over which this permit is granted.
21
22.
The Permittee will hold harmless and indemnify the State of Minnesota, its
Commissioner of Transportation and employees from claims resulting from temporary
or permanent changes in drainage patterns resulting in flood damages.
The Permittee (for itself, its contractors, subcontractors, its materialmen, and a11 other
persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall
be filed vr maintained by it or by any subcontractor, materialmen or other person or
persons acting for, through or under it or any of them against the work and/or against
said lands, for or on account of any work done or materials furnished by it or any of
them under any agreement or any amendment or supplement thereto; agrees to
indemnify and hold harmless the State of Minnesota firom afl such liens and claims.
Page 4 of 5
�l�=�i 3
MINNESOTA DEPARTMENT CITY OF ST. PAUL
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
BY=
lts
By:
its
COMMISSIONER OF l"RANSPORTATION Date:
By:
Director, Office of Land Management
The Commissioner of Transportation
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
Page 5 of 5
APPROVED BY:
b(� -�1�3
STATE OF M{NNESO7A )
COUNTY OF RAMSEY ) ss.
CITY OF SAINT PAUL )
I, Shari Moore, Acting City Clerk of the City of Saint Paul, Minnesota,
do hereby certify that I have compared the attached copy of Council File No.
03-311 as adopted by the City Gouncil on April 23, 2003 with the original
thereof on file in my office.
1 further certify that said copy is a true and correct copy of said
original and the whole thereof.
WITNESS, my hand and the seal ofthe City of Saint Paul, Minnesota
this 25th day of October, 2005.
Shari Moore
Acting City Clerk
QRfG(NA�.
CITY OF ST. PAUL
P'�IAL ORDER Il�T
carmnvn�raTTa�v
PROCEIDINGS
�Jl�-�l3
- _,..
caurrcg, r�.E xa_ D 3- 31l
BY r a t .
k�LE NO. 002-05 �
VUTING WARD 2. 6 7
In theMatterofconstructing apedestdanandbicycletraal, which wiIl linkthe exiscingBruce Vento Tra� to7ndian
Molmds Park via Commercial Su�et and to Lowertown via Fourth and Prince Streets, and daing all other work
necessaryto comgletesaidim.provements {seeattachedExl�'bit"A'�,including acquiringthenecessaryright-of-way
and easemeuts (see a#ached Extu`bit `B'�.
under Preliminary Order � 3� � 3 A appmved �Vl e....1► S a�00 3
The Council af the City of Saint Paul has conducted a public hearing upon rhe above improvement, due
notice thereaf having been given as prescribed by ffie City Charter; and
WfIEREA.S, The Council has heard atl pezsons, objections and recommendafions pertaining to said
proposed improvement and has fully considered the same; now, therefore, be it
RESOLVEb, That the Council of the City of Saint Paui does hereby order that the abova-described
improvement be made, aud the proper City o�cers aze hereby directed and authorized to proceed with tha
improvement; and be it
FLJRTH�R RESOLVED, That tfie Council hereby detennines the estate required for this improvement to
be fee simple, absolute and easements as described above, and the City officers and City Attomey aze hereby
authorized and directed to take all acdons i�ecessary to acquire said real estate by purchase or eminent domain,
including Quick Take; and be it
FIl�ALLY RESOI.VED, That the Conucil herebp determines that tfie progerry rigfits required for this
improvement be as described above, and that the proper Ciry officers snbmit a report to the City Council for the
purpose of the Councii's making an awazd of damages for the interest acquired and determinaiion of assessments,
if any> against ffie benefitted property.
COUNCILPERSONS
Yeas Nays
�nanav
v�fakey
�B'strom
v�bleman
r�rris
�ntry
�r
Adopted by Council: Date � s-z a o v3
Passed by Council Secretary
�In Favor
�Against
�
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Date
T.M.SJREALESTATE
;-sss¢ �e���
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corsnvr r�a a� us: 3-5-03
, � . . �i � � i . . �
Date:
��
�
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, ��
2d4055
�a, .•w_
SeY Pnb3ic Hearing date €or cAnstrnction improvements. Approve project ta construct the Bruce Vento Trail
Fattension Project and all veork as aceded to complete tke groject, inclncNng r`�ght of way and easement acqnisition.
corrrxacTS M[usr nt�5w�c xaE FotLOwu�c:
A s''"e�`
QPIL SERVIG£C6E4S(6SION
Yi: • n.�ra'YaS
WHEC$ C6UNCII.OB7ECTTVEY
cornvcII. wnxn(s�
$astheth p'isoa76nneverworked�deraeontractfart�issdepariment?
$as tLis petsou+6xmeverbeen a LSt9 �P�oY�?
YES NO
`ia�:�
DoesY6is� rsnnlfimpossessask�Unotnom�ypossescedbyary YA NO
cvrreut CTty �ployee?
ERp�HVI eII YFS 9DS14CI5OII e SCGACdCE SL¢Cf.e➢(i LtYd' CIf.
�� � � ntsrsicrrr.atuvuvc cotnvcn, 4, 5,17
rssa�. orroxivrsrrtwh� wn�r, wb�, w��, w�r'r
The 5ain4 PauT Pazks and Recreation Division Las received lFederal grant fnuds aud otLer state and locsl public and private
; fimds for deveMpment of the $rnce Vento Trail Extensian Pcojed. The Citp propases to con,akruct a pedestxian and bicycte
trail, wLich wiIl llnk tke e�sting Srace Vento Trai! now termmating at Payne and East 7th Sk, ta Indiaa Monnds Park via
Commerciai Street and fo Lowertown via 4tJt and Prince Streets. Tbis new trail would indnde desigoy site preparation,
bituminous ri7ul constrnct[on and re-vegebifon aloag the enrire frafl roufe, wiYh some right of way acqutsition for the trail
i'ANTAGES IF 6PPR04ED: ,
17te Project, wflen completed, wonld provide downtown residenfs, comtnntets aud recreatioa trail nsers with an extreme2y
valusble link fo a large system of bicycle ta-a�7s. A coanecfion to tLe eaisting Bruce Vento Trait ptrovides a Hnk to 32 av7es ot
paveil off-road uait throngh Swede Hollow, Phalen-geDer Park and ihe Gatewap Trai1. The connection to Mounds Pazk via
Cowwercial Street offers access ta 15 mles of pave3, aff-road trails tLroagh Moimds Park aad Batt2e Creek Tta1. The
connection to Downtown St Pant provides addi4ionat ]inks W the Sam Morgan Regional Tra1, Crosby Lake Begional Park,
Hidden FaDs Park and the 113iuneapolis river corridor trail system. The Project also w�7i a}sv grovide aa eveatnal coanection t�
�nvn�vxn�s�n�ovm:
Varions property inferests, mduding easements, wonid n�d to be acquired tor the projecL
AnvArrra�s�x�rarrxov�: '
To nat proceed with this ?ompmvement wontd res�dt m the i�s of a siginificant imk of severai miles of regiaa�al tra�s.
oF rnnz+tsACTtox: $2,000>004
FederaVstate%itY ��s, urivatefands A�-rzvrrY r�s�s:
�Vlarch 26, 2003
25, 2QQ3
Dt��7r3
d3..�t�
Grcen S7ieet I+Tamber:
:. ri. �,.ir•i
�cmc�aox� s�s
a�\shazce�2ELZPnL wPaaw�Easem�+slsmee�Broce v�m 2n�7 F.xtenrion Proieccu82oozi4.vmtorrvf.GS.wpd .
bC����13
srnce vento'17ax1 E�ter�siun �'rojecc
Approval of Trail 1'raject, mclading Easement Acqcrisition
Report Prepared Febraary 24 2043
Pablic Hearing Proposed March 26, 2003
(}3 -� �1
PRO.TECT_
'fhe City af Saint Paut gmposes to canstruct a pedestriaa and bicycle trai2, wIuch w�l iink the e�scing
Brace Vento Tr�u7 now teerminating ai Payue and East 7tk St, to Tndian Mounds Park via Commercial Street
and to L.aweatown via 4ttt and Prince Streets. 'I1�is nem trai] wavtd inclade design, site pzepararatian,
bitun�ous ua� consu�ction and re-vsgetation aiong the entire tra� route, widi same right of way
acquisit3on for the trail segment entering Lowertown/Downtown.
PUI2P4SE
The Bruce Vento Trail F�zension Project, when completed, wauld prc>vide downtown residenxs, cammuters
and recreation traiI users with an extremely valuable link ta a large system of bicpele trails. A connecti.ou
io the existiug Bruce Vento Tzai1 provzdes a link to 32 miies of paved aff-road trail through Swede Hollow,
Phalen-Keller Park and the Cratewap Trail. The connectiaa to Tv�onnds Park via Commercia2 Siieet offers
aceess to 15 miles of pavad, off-road txails througt� Mounds Pazk and Battle Creek Trail. T1te conneCtion to
Dawntown St Paul provides additionat tinks ta the Sam Morgan Regional Trail, Crosby Lake Regionai
Park, I�'idden Falls Park and ihe Mintteapalis river corridor tzaii system: The Project aiso will also provide
an eventnai conneccion to a 27-acre fom�er railroad parcei the C3ty recenfly acquired for redevelopment as a
nature sancmary and recreational area.
IIVI'£IATING A.CTIOIY
The Saint Paut Parks and Recmation Division has received Fedaral grant funds and other state and local
public and pzivate funds for deveiopmeut of the Bmce Vento Trail Extension Project Parks and Reereation
has been working coopezativeiq with severat cammunity and neighborhood organizations through the
Lower Phalen Creek Project Yo develop a shared visioa for strengthening the physical and ecologecai
connections to the N�'vssissipgi River, and ta assist with raising project fiwds.
F'[TNDING
Anticipaied fimding for design, acquisition and traii development inc2udes the following:
Somces:
2001 I�NR I.oca1 Trail Connectzon Grant
2002 DNR Locai Trail Connecvon Grant
Federai 'I�A 21 Enhancement Funds
City Counc� Neighborhoo8 Tn�esdnent Funds
S'T.AR grant
The Anderson Pazandation
LRC Challenge MatcH
Funding gap to be raised
$ SO,OOU
$ I00,000
$I,235
$ 5Q,000
$ 159,000
$ 1,000
$ I00,000
304 fl40
Totai �2,000,060
Uses:
besignlEngineeringtinspectionlConstruction Admin $ Sb4,00Q
Consuuction 436 OOd
Totat $2,000
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�he Real Estate Division in tha Department of Technnlogy and Ivlauagement Services will be acquiring the
necessaxy easeme�ts for the Citp_ Far fu�#herinfortnation, caatact Bmce �gelb�t or Peter White at 65;-
266-8850. The Vento 2rail graject will be �anaged by the bivss�an of Parks and Recreatioa For more
infozmation, contact Don Gauje at 551-26{r6425.
This report was prepazed by Brnca Eugelbrela of theReal Estate Division.
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CITY O�' ST. PAUL
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FTT.�' NO. , Od2-05 ,
YOT.[�i'G S'VARTJ 2. 6. 7
In the Matter of constrncting apedesirian and bicycie traii, wbich will link theexistang Bruce Vento Trail to Indian
Mounds Park via Commerciai Sueet and to I.owertown via Fourth anfl Prince Sueets, and doing aIl other work
necessary ta complete said ibagrovemeais {see attached Fachibit "A"}, including acquixing the neces�sary ri ght-of-way
and easements (see atrached Exhibit `B"}.
1'he Council of the City of Saint PauI having received the repon af t3ie Mayor upon the above improvement, a�
having considered said regort, kereby resotves:
F�
2.
�
'Tfiat the said report and the same is hereby appraved with no aiternatives, and that che estimated cosi ther�
is $2,0OO,OQ0.00 financed by project funds.
That a pubIic hearing be had oa said improvsmeni on the 2b of March 20(}3 at 5 o'ciock P M i�
Counci2 Chambers of the Ciry �Iall and Co�rt House Buiiding in the City of Saint Pan1.
That nodce of said pnblic hearing be given to the persons and in the rnantter grovi@ed by the Charter, st
the time and place of hearing, fhe nature of the improvemeat and the total cost thereof as estimated.
COUNCILP�RSONS
Yeas Nays
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Benanav
BIakey
Bosirom
Caieman
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Reiter
�In Pavor
.l.�A.gainst
Adopted by Council: Date��,�3
Certifiad Passed by CounciI Secretary
B ���.'l'�. ��
Mayor
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Exhibit A
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