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09-2922 � 10 11 12 13 14 15 16 17 18 19 20 21 Amended 3/18l2009 Presented by Council File # 09 - a % a ' Green Sheet #1 3067496 RESOLUTION TO ADOPT 18 THE MEMORANDUM OF UNDERSTANDING DATED MARCH� 2009 FOR THE CENTRAL CORRIDOR LRT PROJECT WHEREAS, the City and the Metropolitan Council endeavor to reconcile issues related to the Central Comdor LRT project raised in City Council Resolurion 08-731 on July 9, 2008 approving the Preliminary Design Plans, and in City Council Resolution 08-878 on August 20, 2008 approving the Supplementa] Draft Environmental Impact Statement (SDEIS); and WI-IEREAS, the staffs of the City and Metropolitan Council have prepared a Memorandum of Understanding related to implementation of the Central Corridor LRT project dated March �$ 2009. NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding dated March� 2009 constitutes the City's good faith effort to resolve issues raised by City Council Resolutions 08-731 and 08-878; and BE IT FURTF�ER RESOLVED that the City of Saint Paul directs the Mayor to execute such Memorandum of Understanding dated March�� 2009; and BE IT FINALLY RESOLVEA that the City of Saint Paul has worked, and will continue to, work with the Metropolitan Council and all of the Central Corridor Project Partners to ensure that the project is conshucted in a way that best meets the needs and addresses the concerns of all Saint Paul residents and businesses. Bostrom Carter Harris Yeas Nays Absent Request, y Deparhn P ✓ ✓ ����,.��—����/�P r/ . By. Approved by the Office ofFinancial Services By: Adopted by Council: Date �/ / Adoption Certified by Council Secretary By: � Approv, by ay a �j ,u¢ By: Approved by Ciry Attomey By: `�`�� � (5� �, Approved by Mayor for Submission to Council B 71a�, c� �'.�5i ,,,�...a s- y o� —_� RESOLUTION � � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 69 � �-q �-- , DepartmentlOffice/Council: - Date Initiated: � ,, PW_PublicWorks ; o,-MAR-o9 ` Green Sheet NO: 3067496 � Contact Person & Phone: ' John Maczko 266-6137 j Must 6e on Council Agenda by (Date): 11-MAR � RESOLUTION I Doc. Type: E-Document Reqtired: Y Dacument Corrtact 1�I lovejoy Contact Phone: 266-8920 � ' Assign Number For � Routing Order Total # of Signature Pages _(Clip All Locations far Signature) Adopting the Memorandwn of Understanding dated March 4, 2009 for the Central Corridor LRT Project. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Foliowing Questions: Planning Commission 1 Has this personffirm ever worked under a contract for this department? CI8 Committee ' Yes No Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No 3. Does ihis person/firm possess a skiil not normalry possessed by any current ciry employee? Yes No Expiain all yes answers on separate sheet and attach to green sheet. initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City and Met Council have agreed to a Memo of Understanding foL the Central Corridor LRT project that teconciles all issus raised by the City Council in two resolu6ons adopted in 2008: RESOLUTION 08-731, July 9, 2008 appcoving the Prelim. Design Plan, RE50LUTION 08-878, Aug. 20, 2008, approving the Supplemental Environmental Impact Statement (aks 5DEIS). The attached res. directs mayor to enter into the attached Memo of Understanding dated Mazch 4, 2009. Advantages IfApproved: Ensures that issues raised by the Ciry Council regarding approval of Municipal Consent in July 2008 and SDEIS in August 2008 will be dealt with as the Central Corridor LRT project advances to construcrion. Disadvantages If Approved: None Disadvantages IF Not Approved: No guarantees will be put in place to deal wi[h the City Council concerns as detailed in the two resoLutions cited above. Total Amount of Transactian; Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Number: March 5, 2009 12:03 PM Page 1 09-29� MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SAINT PAUL FOR THE CENTRAI, CORRIDOR LIGHT RAIL TRANSIT PROJECT March 1g, 2009 This memorandum of Understanding ("MOU") is by and between the Metropolitan Council ("Council"} and the City of Saint Paul ("Cit}�') herein defined as the "Parties". i1�'/:1� �9�T.`� 1. The Parties have been involved in various activities regarding the development of a Central Corridor Light Rail Transit ("CCLRT") line; 2. The Parties agree that a portion of the CCLRT Project ("ProjecY') will Traverse the City of Saint Paul along University Avenue from the city line to Robert Street, on Robert Street to 12` Street, on Cedar Sneet to 5` Street, across the city block of S Street and Cedaz Street and 4` Street and Minnesota Street, and on 4�' Street to Broadway Street terminating at an Operations and Maintenance Facility to be constructed in the existing southern building of the former Diamond Products manufacturing facilify. NOW, THEREFORE, in consideration of the mutual a�eements herein set forth, the Parties agree as follows. ARTICLE 1: PARKING The Council wili continue to work with the City of Saint Pau1 and affected business owners to mitigate the loss of on-street parking on University Avenue in Saint Paul that result from the development and implementation of the Project, The City will take the lead in improving the management of on-street parking (through better enforcement, parking meters, and permit parking districts), in establishing Parking Improvement Districts, and improving off-street parking facilities. The City and Council will cooperatively finalize an overall program for dealing with parking, defining the most appropriate sites and mechanisms for development of joint-use off street parking. The Council wi11 support the City in securing funding from public and private sources for developing joint-use off street parking. ARTICLE 2: PROPERTY ACCESS • The Council will exst�e implement strateeies to nrovide continued access to properties along the p��-ra� LRT route to allow for their operations during all phases of construc6on. or will develop mitigation strategies mutuallv a�reeable to the City and the Council to address such impacts te-�e�e�Eies along University Avenue (Marion to Rice), Cedar Street and Fourth Street. ARTICLE 3: SIDEWALK DESIGN • The Council wiil provide minimum 10' wide sidewalks throughout the Project except in cases where the City and the ��P-9 Council agree that it is not feasible �� a�a- to do so. Considerafion of sidewalk widths includes accommodarion of pedesh mobility, benches, bus sheiters, trash containers and snow storage and provision of an overall sense of safety to those using the walk. ARTICLE 4: VIBRATION MITIGATION The Council will develop and implement both construction-related and LRT operation-related vibration mitigation to properties and existing sensitive equipment contained within such properties located adjacent to the Project. Some specific sites include the Church of St. Louis King of France, Central Presbyterian Church and Minnesota Public Radio on Cedaz Street in downtown Saint Pau1. The Cauncil will develop and implement mitigation strateg3es to address vibraYion impacts identified as part of the CounciPs vibration analysis and design for the Project. ARTICLE 5: ELECTROMAGNETIC INTERF'ERENCE EVALUATION • The Council has assessed electromagnetic interference ("EMI") impacts to properties and existing sensitive equipment contained within such properties located adjacent to the Project. The Council has concluded that there are no EMI impacts resulting from the Project within the City of Saint Paul. The City concurs with these findings. ARTICLE 6: UTILITY RELOCATION COORDINATION The Counail is working jointly with District Energy St, Paul and other affected utilities in Saint Paul that require relocation as a result of the conshuction and implementation of the Project, to minimize impacts and relocation costs to the utilities as much as possible. The Council will make all reasonable efforts to coordinate relocahon activities with Project reconstruction efforts to minimize costs to the utilities, and to minimize disruption of service to customers. ARTICLE 7: TRAFFIC EVALUATIONS The Council will continue to work with the City to address traffic and pedestrian mobility issues. Further, the City and Council will develop geometrics for major intersections along University Avenue that include sufficient turning radii for trucks. The Council will cooperate with the City to develop analyses that consider traffic and design impacts. Based on the current LRT design, by December 31, 2009, the Council will analyze impacts on the regional transportation netwark of the following street additions: East extension of Pierce Butler Route from immediately west of Dale Street to Phalen Boulevard at I-35E; and Kittson Connection (Trout Brook Way) from Wamer Road east of the Lafayette Bridge to the eastern terminus of Universlty Avenue. • The Council will publish results of the study that compares impacts of one through lane in each direcfion vs. two through lanes in each direction on University Avenue. Furthermore, the Council and the City will °°°°°° *� ���s 4���a aeree to track and traffic confieurations for the tracks to the Operations and Maintenance Facility from Wacouta to Broadway, °�a ^m-°° .,�^� ° a°°: ^� `'�°* °�~*���^ that include two way traffic, one westbound and one eastbound throueh traffic lane, adequate pedestrian movement, and minimize impacts to adjacent property access .'°�. ARTICLE 8: FOURTHJCEDAR STREETS STATION The Council will reconnect the skyway link that will be removed as a result of construction for the station on the diagonal connecting Cedar StreeUS` Street with Minnesota StreeU6�' Street. The Project does not include budget for property acquisition necessary for construction of this station and assuxnes that such property will be acquired by some entity other than the Council. The Project budget also does not include any vertical circulation to the reconnected skyway link from the station. However, the Council aclrnowledges and supports the City's desire to obtain funding for vertical circulation that maximizes the ridership at this station and meets ADA requirements. ARTICLE 9: �� STATIONS The Council will provide the infrastructure far three €rrtztre stations at Hamline, Westem and Victoria as part of the Project. The Council will work with the City to develop and implement the full build out of at least one of the �e stations � design, ating it as the first ca11 on available contingencv balance under the followin* conditions ��ert: o Iflwhen the proiect achieves a construction milestone hold point and adec�uate contingency funds are available after fulfilling Pmject baseline scope and/or delivering mitigation measures from the Proiect contineencv budget fi,�,�� ».� ���a � `:�: : �':� ,,,,: ;� :s° :,, „� �:-�,.. ees�-savi�rgs within the adopted Project budget sr ^^�� ; or a A chanee occurs in the FTA Cost Effectiveness Index (CEI� of a sufficient amount to enable inclusion of one infill station prior to entrv into final desi2n; or o Sufficient project funds far construction of a station °'��� are available � prior to the federal project is�lese� close out. The City will provide its recommendation on which £�tt�e station should be constructed first. • The Council will work jointly with the City to pursue every opportunity to realize the fizll build out of the two remaining €ai�e stations. ARTICLE 10: EMERGENCY VEHICLE ACCESS • The Council has and will continue to work with the City's Traffic Engineer and City of Saint Paul Fire Department to satisfactorily address emergency vehicle csossings along the Project Alignment. 09-��� ARTICLE 11: TRACTION POWER SUBSTATIONS ANA SIGNAL BUNGALOWS • In accordance with Chapter 61.400 of the Saint Paul Zoning Code, the Council will seek approvai of site plans for the tracrion power substations and signal bungalows. The Council and Citv will continue to work with the affected Dishict Councils to determine the locations, and mitigarion if needed, for the traction power substafions within Project design criteria. ARTICLE 12: OVERHEAD CONTACT SYSTEM POLE DESIGN � The Council will include tapered tubular, fluted and painted overhead contact system (OCS) poles as "an Alternate" bid item to the base Project for consideration if the contin encybudget al�s has available balance at a tiven contineencv hold point or the City chooses to include a fizndine commitment as a betterment. Such poles, if desired as a betterment, will be funded by non-project entities. As required by the Saint Paul Legislative Code, Chapters 73 and 74, the Council will coordinate with the Saint Paul Heritage Preservation Commission on the design of the OCS poles in the University-Raymond Commercial Historic District and the Lowertown Historic District. ARTICLE 13: BICYCLE PARKING The Council will strive to include as many bicycle tacks as are feasible at the non- signalized ends of the station platforms as part of the base Project to ma�cimize the convenience of bicycle/LRT intermodal travel. The Council will °°�r�.��;�" T,...�..;. r,,,. r:...,wio r,........,.,;«:,... «,. .. ,• •t w • � ,. ., ��»..`__ __' __ "_'_ _ _'_"____'"__"___ "„ ,,,,"`_"_ ..___"_ .�.,.,.........�_ .. ..............b ........ �ac�g pursue in concert with the Cit�o�portunities to use non-proiect fundi� sources to place add'ational bicycle racks along the al aanment. ARTICLE 14: BUS OPERATIONS The Council will continue to work with the City and property owners to maximize the convenience, simplicity and safety of bus-to-LRT and bus-to-bus connections/transfers along the Project. Further, the Council and City will continue to work on optimizing the locations of bus stops so as to ma�cimize safety far pedestrians and motorists, as well as ensuring the safest and shortest walk distances for transferring transit riders. • The Council will work with the City to retain adequate bus service levels in the Project corridor during non-peak, evening and weekend hours while maintaining an acceptable FTA Cost Effective Index (CEI). • The Council and the Citv recognize the planned change of bus service in the immediate vicanity of Western and University Avenues results in an overall reduction in transit service availability in this azea that must be miti�ated by the Project. � �y ��� The Council will retain or improve overall transit service within %2 mile of the LRT al�iment. In order to retain or improve such service, the Council will conduct a"sector stud�' for the Central Comdor two vears before beginning LRT revenue service. workinQ with the communitv to deternune the most effective and needed transit service. Service levels mav be achieved throu�hprovision of one or some combination of LRT stations, im,�roved bus service on Universitv Avenue, cuculator bus service, or service on nortl�/south bus routes or on oarallel routes in closeproxunitv to Universitv Avenue. • The Council will include in its "sector studv" consideration of moving some or all of its bus operations off of Cedar Street relative to bus service levels existine,prior to the start of the CCLRT Proiect. The Council has included the additaon or improvements to nortY�/south cross- corridor bus routes in the proposed operating plan for CCLRT. New north-south bus service will be provided with the addition ofRoutes 60 and 83 and extension ofRoute 67 with the implementation of CCLRT. The Council and City will endeavar to create appropriate peak hour service on Rice, Western. Dale, Victoria, Lexington, Hamline, Snelling, Fairview, Raymond, and Franklin, recoanizin te hat lv�h frequency connectine bus routes are critical to the lon -�term success of the Central Corridor LRT Project. • The Council will work with the City to identify anv space needed far bus turnarounds and bus layovers required to masimize the effectiveness and efficiency of bus service connection with CCLRT. ARTICLE 15: PUBLIC ART The Council will include °����ats� public art at each of the stations on the Project. The Council will continue to work with the Art Selection Committee (ASC) as the design is advanced, finalized and constructed. Such ASC meetines will be onen to the nubiic. In addition, the Council will provide several opportuiuties for broader public partici ation in�lannine for such public art ARTICLE 16: STATION DESIGN The Council has developed and is implemeuting a standard station design format. The Council is willing to consider betterxnents to the standard design in coordination with the primary partners, including the City, a� the r Communitv Advisory Committee, and the Art Selection Committee. Such betterments must meet ADA requirements, may not alter the platform layout of the standard station design, and may not increase maintenance requirements or costs through the use of non-standazdized materials. Such betterments, if implemented, will be funded by non-Project entities, �°�-��-�n�����Q. In addition, the Council wi11 wark with the Capitol Area Architectural and Planning Board, the City of Saint Paul Heritage Preservation Commission and the State Historic Preservation Office, as well as engaging the commurrity through the r'� Communitv Advisory Committee. The Council will also provide opuoriunitv for ��-�y� broader public innut, either throu¢h ooen public meetin s or bv allowing visitors to speak at the Communitv Advisorv Committee meetines. ARTICLE 17: STREETSCAPE DESIGN The Council will continue to work with the City to develop and construct a base streetscape plan, funded by the Project, that will incorporate all elements of streetscape that exist today. The Council will continue to work with the City to develop a master sh plan that wil] be included as "an Alternate" bid item in the conshuction bid documents. Elements contained in the master streetscape plan that are not part of the base streetscape plan are betterments, and � mav be funded by non-project entities, if implemented. In addition, the Council will work with the Capitol Area Architechxral and Planning Board, the City of Saint Paul Heritage Preservation Commission and the State Historic Preservation Office, as well as engaging the community through the �eHS Communitv Advisory Committee. The Council and City will continue to work towazd ma;cimizing greening the Central Corridar, through innovative construction materials and practices that improves stormwater recharge. Additional trees may be provided as betterments, to enhance the canopy. Such betterments �� be funded by non-project entities,�� �mr�.r.����n�a. The Cit_y mav request that certain betterment ereening elements be considered for fundine from Project contin encv. As the Proiect achieves each contineencv milestone hold point, anv contingency balance not needed for fulfilling Proiect baseline scope andlor im�lementine miti�ation measures will be considered by the Council to fund Proiect partner rec�uested betterments. • As required by the Saint Paul Legislative Code, Chapters 73 and 74, the Council will secure approval of the Saint Paul Heritage Preservation Office on all streetscape design elements in the University-Raymond Commercial Historic District and the Lowertown Historic Aistrict. ARTICLE 18: PROJECT DBE PARTICIPATION GOALS The Council will continue its goal to hire minority and women-owned enterprises to the extent pracrical during Project constntction. The Council has established a disadvantaged business enterprise (DBE) goal of 17% for the design of CCLRT. The Council is currently mee6ng the design DBE goal. The Council has not finalized the DBE goal for conshuction, but anticipates the goal will be in the mid teens. The Council has conrinually made an effort to reach out to minority and women-owned businesses and will continue to do so throughout the design and the construction procurement process. The Council wi11 encourage Project contractors to hire minority workers. 0 49-�a �a- ARTICLE 19: CONSTRUCTION COORDINATION AND PHASING The Council will work with the City to coordinate phasing that allows construction to proceed efficiently and reasonably takes into account the concerns of the businesses and residents affected. The City will be given the opportiulity to review the maintenance of traffic provisions. Coordination between the Council and the City will continue throughout construction to assure City participation in mirigation of issues that arise during conshuction. The Council will develop construction phasing and property access guidelines for use in preparation of conshuction specificarions that define contractor responsibilities. The guidelines will be used to establish a construction process that best meets the needs of the adjacent business and residents, including phasing that balances the demands of schedule while maximizing accessibility during construction. Development of the guidelines will include input from the City, area business owners and residents and the guidelines will include standazds for response tunes to complaints and concerns. The Council will seriously pursue approaches used by other major construction projects around the county, including options such as contractor incentives for ensuring public participation and feedback during conshuction. ARTICLE 20: PUBLIC INFORMATION FORMATTING • The Council wili work with the City to provide design information on the Project that is easy for the general public to understand, visualize and provide input on. As design progresses, the Council will make greater use of perspective drawings that more realistically portray future conditions, for ease of general public understanding. ARTICLE 21: ACCESSIBILITY DURING CONSTRUCTION The Council will work with the City to develop strategies to help minimize impacts on businesses throughout the Corridor during construction of the Project. The Council's Community Outreach staff will help educate owners on the nature of the consriuction process prior to conshuction activities. • The Council wi11 develop phasing and property access guidelines, far use in preparation of construction specifications defining contractor responsibiliries, as outlined in �ee�di3ratie3t Article 19 entitled Conshuction and Phasine Coordination. ARTICLE 22: OPERATIONS AND MAINTENANCE FACILITY PROGRAM • The Council and City wiil cooperatively develop a mitigation plan far the CCLRT OMF located in the existing southern building of the former Diamond Products manufacturin¢ facilitv that inciudes: In cooperation with the Growers Association, minimize disruption to Fanners' Market operations. FI O� ��� • Strategies for fagade improvements on the southern and westem edges of the building with treahnents that fit into the character of the surrounding neighborhood; • Subject to any existing easements, grant an easement and provide a design for the OMF that will not preclude the extension of Prince Street from Broadway to the planned Trout Brook alignment; • Progaznming of approximately 5,000 squaze feet of the building for leasable space along the Broadway Street faqade; and • Green roof tectulologies and alternative energy sources as part of the QMF building improvements. The Council will wark with the Citv on necessarv renovations to the buildinQ to incorporate transit oriented desien features. The Council is willin� to consider betterments to the facilitv design in coordination with the �rimarv artners includin tg he City, Ramsey Countv Reeional Rail Authority and the Community Advisory Committee. Such betterments must meet ADA reauirements. Such betterments will be funded bv non-Proiect entities, if im.plemented. In addition the Council will work with the City of Saint Paul Heritage Preservation Commission, the CanitolRiver Council, Public Art Saint Paul, as well as engagin� the Lowertown communit through the Communitv Advisory Committee. The Council will also provide op op rtunitv for broader public input either throuah open public meetings or b_y allowin¢ visitors to sneak at CAC meetin�s. • The Council will make a good faith effort to incorporate: o Waikableluedestrian scale windows and doors on the Broadway frontage; 0 5000 assiertable square feet of commercial space on the first floor of the Broadway frontage; o Faqade improvements on the western most 300 feet of the Prince Street frontage that fit into the character of the surrounding neighborhood. o Adantat'ions of the existin�buildine to better reflect urban design principles, includin¢ shortening the building, The Council will establish train operation nrocedures that allow a maximum speed of 10 miles roer hour and prohibit sounding horns or bells excent in emergencies, between the end of the revenue line and the OMF. The Council will also ensure that the tracks at the reaz of the OMF are sufficientiv designed and maintained to miti�ate excessive sauealin� from trains leaving the facility The Council commits that the Project wili meet ap�ropriate FTA noise standazds. • The Council will perform a safetv analvsis and preliminarv hazard analvsis in the unmediate vicinitv of the OMF. The Council wiil aiso renort by 7une 1 2009 to the Saint Pau1 Citv Council on which safetv-critical testing will take place at the OMF. 4� oz�� • The Citv staff will complete the Downtown Station Area Plan and any Lowertown Small Area Plan update, incoiporatin� the kev urban designprinciples included in the Urban Villaee Vision (20051 and the Diamond Products Task Force Report Z005 . • As soon as real estate neeofiations beein, the Council will provide timelv updates on the status of those neeotiations. IN WITNESS WHEREOF, the Parties have caused this Memorandum of Understanding to be executed by their duly authorized representatives on the dates indicated below. Reviewed by Metropolitan Council's General Counsel C3� Reviewed by the City Attorney's Office of the City of Saint Paul I� METROFOLITAN COUNCIL : Date CITY OF SAINT PAUL 6y,��z MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLTTAN GOUNCIL AND THE CTTY OF SAINT PAUL FOR THE CENTRAL CORRIDOR a� LIGH'I' RAIL TRANSIT PROJECT � March 4, 2009 This m�tmorandum of Understanding ("MOLP'} is by and between the Metropolitan Council (�`,Council") and the City of Saint Paul ("City") herein defined as the "Parties". WFIERAS: 1. The Parties �iave been involved in various activities regazding the development of a Central Coir�dor Light Rail Transit ("CCLRT") line; 2. The Parties agrce, that a portion of the CCLRT Project ("ProjecP') will traverse the City of Saint Paul along University Avenue from the city line to Robert Street, on Robert Street to 12�"�treet, on Cedar Street to S Street, across the city block of 5�' Street and Cedaz Sti�et and 4�' Street and Minnesota Street, and on 4�' Street to Broadway Street terminating at an Operations and Maintenance Facility to be constructed in the existing si�uthern building of the former Diamond Products manufacturing facility. , I30W, THEREFORE, in consideration Parties agree as follows. mutual agreements herein set forth, the ARTICLE 1: PARKING • The Council will continue to work with the Citv of Saint Paul and affected business owners to mitigate the loss of on-street parking on University Avenue in Saint Paul that result from the development and`implementafion of the Project. The City will take the lead in unproving the management of on-street pazking (through better enforcement, parking meters, and pa�mit parking districts), in establishing Pazking Improvement Dishicts, and improving off-street pazking faciliries. The City and Council will cooperatively finaTrze an overall program for dealing with parking, defining the most appropriate sites and mechanisms for development of joint-use off street pazking. The Council will support the City in securing funding from public and private sources for developfng joint-use off street parking. ARTICLE 2: PROPERTX ACCESS • The Council will ensure access to pmperties along the Project andtor`develop mitigation strategies to address such impacts to properties along University Avenue (Marion to Rice), Cedar Street and Fourth Street. ARTICLE 3: SIDEWALK DESIGN • The Council will provide minimum 10' wide sidewalks throughout the Project except in cases where the City and the CCPO ag�ee that it is not feasible to do so. Consideration of sidewalk widths includes accommodation of pedestrian mobility, o�-a9� benches, bus shelters, trash contaiuers and snow storage and provision of an overall sense of safety to those using the walk. TICZE 4: VIBRATION MITIGATION The Council will develop and implement both constcuction-related and LRT operation-related vibration mitigation to properties and exisring sensirive �quipment contained within such properties located adjacent to the Project. Some s�cific sites include the Church of St. Louis King of France, Central Presbyterian Chu'tc� and Minnesota Public Radio on Cedar Street in downtown Saint Paul. The Cot�ncil will develop and 'unplement mitigation strategies to address vibration impacts i�entified as part of the Council's vibration analysis and design for the Project. `�:,, ARTICLE 5: ELECTR�MAGt • The Council has ass�ssed properties and existing"'s�e located adjacent to the Pr impacts resulting from the with these fmdings. INTERFERENCE EVALUATION electromagnetic interference ("EMI") impacts to nsitive equipment contained within such properties �iect. The Council has concluded that there aze no EMI within the City of Saint Paul. The City concurs ARTICLE 5: iTTII.ITY RELOCATION The Council is working jointly with Disicict Energy St. Paul and other affected utilities in Saint Paul that require relocatio`�� as a result of the construction and unplementation of the Project, to minimize i acts and relocation costs to the utilities as much as possible. "I`he Council will al coordinate relocation acfivifies with project recon� costs the u6lities, and to m;n;mi�e disnxption of ARTICLE 7: TRAFFIC EVALUATIONS all reasonable efforts to ction efforts to minimize �vice to customers. The Councii will continue to work with the City to address �affic and pedestrian mobility issaes. Further, the City and Council will develop g�metrics for major intersections along University Avenue that include sufficient turiiang radii for trucks. The Council will cooperate with the city to develop analys8`�that considex traffic and design unpacts. Based on the current LRT design, by Decetlnber 31, 2009, the Council will analyze impacts on the regional transportation ri��work of the following street additions: '? � East extension of Pierce Butler Route from immediatelp west of Dalea Street to Phalen Boulevard at I-35E; and `� Kittson Connecfion (Trout Brook Way) from Warner Road east of the `>_, Lafayette Bridge to the eastern terminus of University Avenue. `� � The Council will publish results of the study that compares impacts of one through lane in each direction vs. two through lanes in each direction on University Avenue. Furthermore, the Council and the City will assess the options for the tracks to the Operations and Maintenance Facility from Wacouta to � . ��-a�.� Broadway, and agree upon a desi� that maintains two way traffic, adequate pedestrian movement, and min;T,,;�es impacts to adjacent property access while maintaining through trips for motor'rzed and non-motorized vehicles. AR'FICLE S: FOURTH/CEDAR STREETS STATION •� The Council will reconnect the skyway ]ink that will be removed as a result of cb�nstruction for the station on the diagonal connecting Cedar StreeUS`� Street with Miilnesota Street/6� Street. The Project does not include budget for property acqui�tion necessary for construction of this station and assumes that such property.will be acquired by some entity other than the Council. The Project budget also does not include any vertical circulation to the reconnected skyway link from theEstation. However, the Council acknowledges and supports the City's desire to�obtaiu funding for vertical circulation that maximizes the ridership at this sfation and meets t3DA requirements. ARTICLE 9: FUTI7RE STATIOPiS • The Councii will provid�,the infrastructure foz three future stations at Hamline, Western and Victoria as part of the Project. The Council wi11 work with the City to develop and 'unplement tH� full build out of at least one of the future stations if/when: o funds are freed up from the contingencies from cost savings within the adopted Project budget' or a change in CEI prior to enhy into fmal design; or � o if any fuuds are available ��fter the federal pmject is ctosed out. The City will provide its recommendatioi�on which future sta6on should be constructed first. \ • The Council wiil work jointiy with the City to pursue every oppornuiity to realize the full build out of the two remaining future sta�ions. ARTICLE 10: EMERGENCY VEAICLE ACCESS ���\ • The Council has and will continue to work with the Cify's Traffic Engineer and City of Saint Paul Fire Department to satisfactorily addrass emergency vehicle crossings along the Project Alignment. ARTICLE ll: TRACTIOi�i POWER SUBSTATIONS AND SIG1��I. BUNGALOWS �: � • In accordance with CUapter 61.400 of the Saint Paul Zoning Code, �e Council will seek approval of site plans for the traction power substations and'�ignal bungalows. � ARTICLE 12: OVERI�EAD CONTACT SYSTEM POLE DESIGN • The Council will include tapered tubular, fluted and painted overhead contacf system (OCS) poles as "an Alternate" bid item to the base Project for consideration if the budget allows or the City chooses to include as a betterment. '� � D�1-�9�' Such poles will be funded by uon-project entities. As required by the Saint Paul � Legisiarive Code, Chapters 73 and 74. the Counci] will coordinate with the Saint Paui Heritage Preseroation Commission on the design of the OCS poles in the t3niversity-Raymond Commercial Historic District and the Lowertown Historic District. AR�ICLE 13: BICYCLE PARHING •\` Ttie Council will strive to include as many bicycle racks as aze feasible at the non- si�nalized ends of the station platforms as part of the base Project to maacimize the con�r�nience of bicycle/LRT intermodal travel. The Council will work with Transit for Livable Communities to solicit their assistance in obtaining and placing �dditional bicycle racks along the alignment. ARTICLE 14: BU�OPERATIONS • The Council vi�ill continue to work with the City and property owners to maximi�e the convenience; simplicity and safery of bus-to-LRT and bus-to-bus connections/transfc� along the Project. Further, the Council and City will continue to work on o�hmizing the locations of bus stops so as to maximize safety for pedestrians ai1�1 motorists, as well as ensuring the safest and shortest walk distances for tratvsfer�in� transit riders. • The Councii will work with t1i��CiTy to retain adequate bus service levels in the Project corridor during non-peaT�, evening and weekend hours while maintaining an acceptable Cost Effective Index;(CEI). The Councii has included the addition`br improvements to north/south cross- corridor bus routes in the proposed opera�ing plan for CCLRT. New north-south bus service will be provided with the addifion of Routes 60 and 83 with the implementation of CCLRT. The Council an�>,City will endeavor to create appropriate peak hour service on Rice, Aale, I;sxington, 5nelling, Fauview, Raymond, and Franklin. „ ARTICLE 15: PUBLIC ART � The Council will include elements of public art at each vf the stations on the Project. The Council will continue to work with the Art S�lection Committee (ASC) as the design is advanced, finalized and constructed.��:� ARTICLE 16: STATION DESIGN • The Council has developed and is implementing a standard station i't�sign format. The Council is willing to consider betterments to the standard design ita coordination with the primary partners, including the City and the Citizens Advisory Committee. Such betterments must meet ADA requirements, maq not alter the platform layout of the standazd station design, and may not increase maintenance requirements or costs through the use of non-standardized materials. Such betterments will be funded by non-Pmject entities, if implemented. In addition, the Council will work with the Capitol Area Archatectural and Planning � � \ ., \ b�l' ��' Boazd, the City of Saint Paul Heritage Preservation Commission and the State Historic Preservation Office, as well as engaging the community through the Citizens Advisory Committee. 17: STREETSCAPE DESIGN •�`�'he Council will continue to wark with the City to develop and construct a base s etscape pian, funded by the Project, that wiil incorporate a11 elements of str cape that exist today. � • The Co il will continue to work with the City to develop a mastez streetscape plan that be included as "an Alternate" bid item in the construction bid documents. ments contained in the master streetscape plan that are not part of the base streetsc�plan are betterments, and will be funded by non-project entities, if implem ted. In addifion, the Council will work with the Capitol Area Arckutectural and Pla�ta Commission and the St community through the Boazd, the City of Saint Paul Heritage Preservation Historic Preservation Office, as well as engaging the Advisory Committee. The Council and City will conti�ue to work toward maximizing greening the Central Corridor, through innovatl�e construction materials and practices that improves stormwater recharge. Ad�onal trees may be provided as betterments, to enhance the canopy. Such betterme ts will be funded by non-project entities, if implemented. � • As required by the Saint Paul Legisiative Cod�, Chapters 73 and 74, the Council will secure approval of the 5aint Paul Heritage ��eservation Office on all streetscape design elements in the University-Rayinond Commercial Historic District and the Lowertown Historic District. \ ARTICLE 18: PROJECT DBE PARTICIPATION • The Council will continue its goal to hire minority and woiiaen-owned enterprises to the extent practical during project construc6on. The CouriFil has established a disadvantaged business enterprise (DBE) goal of 17% for the c�si� of CCLRT. The Council is currently meeting the design DBE goal. The Council has not finalized the DBE goal for construction, but anticipates the goal wl�ll be in the mid teens. The Council has continually made an effort to reach out to m�pority and women-owned businesses and will continue to do so throughout the d�sign and the construcfion procurement process. The council will encourage Projact contractors to hire minority workers. ``. ARTICLE 19: CONSTRUCTION COORDINATION AND PHASING � • The Council will work with the City to coordinate phasing that allows � construcfian to proceed efficientty and reasonably takes into account the concerns of the businesses and residents affected. The City will be given the opportunity to\ review the maintenance of traffic provisions. Coordination between the Council ����� and the City will continue throughout construction to assure City participation in autigation of issues that arise during construction. Tfie Council will develop construction phasing and property access guidelines for use in prepazation of construction specifications that define contractor �sponsibilities. The guidelines will be used to establish a construction process th best meets the needs of the adjacent business and residents, including phasing that ances the demands of schedule while masimi�i.,g accessibIlity during constru tion. Development of the guidelines will include input from the City, area busitl�ss owners and residents and the guidelines will include standards for response tim�,s to complaints and concerns. The Councii wiil seriously pursue approaches use�by other major construcrion projects around the county, including options°s,nch as contractor incentives for ensuring public participation and feedback durinE�construction. ARTICLE 20: PUBLIC INFOT��1'IATION FORMATTING • The Council will work with��e City to provide design information on the Project that is easy for the general pub1Y� to understand, visualize and provide input on. As design progesses, the Council'�,vill make greater use of perspective drawings that more realistically portray future�onditions, for ease of general public undezstanding. ',� ARTICLE 21: ACCESSIBILITY DURING • The Council wiil work with the Ciry to develo�sttategies to help minimize impacts on businesses throughout the Corridor �ilring construction of the Project. The Council's Community Outreach staff will help�ducate owners on the nature of the construction process prior to construction activi}�es. The Council will develop phasing and properry access guiclelines, far use ln prepazation of construction specifications defining contracto�i�esponsibilities, as outlined in the paragraph above entitled Constraction and Pli�sing , Coordination. � ARTICLE 22: OPERATIONS AND MAINTENANCE FACILITY PRO`� • The Council and City will cooperatively develop a mitigation plan that • In cooperation witk the Growers Associafion, minimize disruprion to ` Fanners' Market operations. � • Strategies for fa�ade improvements on tbe southern and westem edges of��'�, the building with treahnents that fit into the chatacter of the sutrounding '�, neighborhood; � • Subject to any e7cisting easements, grant an easement and provide a design for the OMF that will not preclude the extension of Prince Street from Broadway to the planned Trout Brook alignment; • Programmiug of approximately 5,000 square feet of the building for leasable space along the Bmadway Street fa�ade; and o, `_,, ljcf ��� • Evaluation of green roof technologies and alternative energy sources as part of the OMF building improvements. IN WITNESS WI�REOF, the Parties have caused ttris Memorandum of i3nderstanding to 6e. executed by their duly authorized representatives on the dates indicated below. Reviewed by Metropolitan Council's General Counsel Date Reviewed by the City Attorney's Office of the City of Saint Paui Date METROPOLITAN COUNCIL By:_ Date *\ CITY OF SAINT PAUL ,� , ' `�.