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Rice Marsh Lake Trail Extension LUP0 CITY OF CgANBASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Todd Hoffman, Park and Recreation Director DATE: January 14, 2013 0 4:2 � SUBJ: Approve Resolution for a MnDOT Limited Use Permit to use area within right -of -way of Trunk Highway No. 212 for Chanhassen Rice Marsh Lake Pedestrian Trail Extension 16 PROPOSED MOTION "The City Council approves a resolution for a MnDOT Limited Use Permit for the purpose of constructing, maintaining and operating nonmotorized recreational trails within right -of -way of Trunk Highway No. 212 for the Chanhassen Rice Marsh Lake Pedestrian Trail Extension." City Council approval requires a simple majority vote. BACKGROUND The city's Comprehensive Trail Plan includes the Rice Marsh Lake trail extension. This trail will connect the existing Rice Marsh Lake trail to the City of Eden Prairie trail system, providing for a 3 -mile trail loop around the perimeter of Rice Marsh Lake. When complete, approximately one -half of the loop will be situated within Chanhassen, and the other half in Eden Prairie. The City of Eden Prairie has just completed a significant section of their half of the trail loop. The completed section terminates at a Highway 212 trail underpass and bridge located 1300 feet short of the Chanhassen border. Eden Prairie has expressed a desire to immediately connect to the Chanhassen Rice Marsh Lake trail extension upon our arrival at the corporate border. DISCUSSION The Rice Marsh Lake trail extension features a combination of high quality shoreline, wetland, and upland habitats. Construction of this public trail will provide access to a very scenic and exciting natural resource environment. The scenic views of Rice Marsh Lake and the abundant wildlife it attracts will be an inspiration to all and provide a valuable quality -of -life experience for residents and visitors. The City of Chanhassen and our residents are highly committed to the development, maintenance, and use of a multi - purpose trail system that interconnects residents and destinations within the community. This project represents one of a half -dozen remaining significant trail connections to be made linking the City of Chanhassen's 90 -mile pedestrian trail network to neighboring Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Todd Gerhardt January 28, 2013 Page 2 communities, regionally significant outdoor recreation destinations, and locally available regional trailways. The 2013 Capital Improvement Program includes an allocation of $200,000 to complete this trail project. RECOMMENDATION It is recommended that the city council approve a resolution for a MnDOT Limited Use Permits for the purpose of constructing, maintaining and operating non-motorized recreational trails within right -of -way of Trunk Highway No. 212 for the Chanhassen Rice Marsh Lake Pedestrian Trail Extension. ATTACHMENTS 1. Resolution 2. Exhibits 3. Limited Use Permit 4. CIP Sheet c: Amy Bower, HKGi Jay Lotthammer, City of Eden Prairie g: \park \th\rice marsh lake trail \mndot lup.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 28, 2013 RESOLUTION NO: 2013- MOTION BY: SECONDED BY: RESOLUTION AUTHORIZING LIMITED -USE PERMIT FOR NON - MOTORIZED RECREATIONAL TRAIL WHEREAS, the City Council of the City of Chanhassen is the official governing body of the City of Chanhassen; and WHEREAS, the City of Chanhassen desires to construct a non - motorized recreational trail within MnDOT's Highway 212 Right -of -Way, Parcel #73 and Parcel 474; and WHEREAS, this non - motorized recreational trail begins within and then crosses the right -of -way for Trunk Highway 212 before it enters onto city property; and WHEREAS, the State of Minnesota Department of Transportation requires a limited -use permit for all non - motorized recreational trails constructed within their right -of -way. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Chanhassen do authorize the approval of a limited -use permit for the construction, maintenance and operation of a non - motorized recreational trail within the right -of -way of Trunk Highway 212. Passed and adopted by the Chanhassen City Council this 28th day of January, 2013. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT r 0 -Fit Ai'E Q IL tv ON -9 * gow n • Tr !;Vll. Legend No Rice Marsh Lake Trail Extension Existing Trail Ir Existing Sidewalk Future Trail Lake Parks W zi - 4 Potential Residential Development 0� 46 4 4— 'W J Rice Mars� , )posed Trail Lake 'A Eden Prairie to construct s when Chanhassen reache municipal border X-i 4i X, q tr ; � , City of Chanhassen Attachment G Rice Marsh Lake Trail Extension Neighborhood Context Map f 1` Susan �0 0 wow U) CD ftofta P f! Chanhassen Estates Park Proposed MNDOT HWY 212 ROW LUP Parcels Chanhassen Rice Marsh Lake Trail Extension January 15 , 2013 K: Uoleen I Parks Wicdake Tra ilExtIL ocation Map.mxd STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 2762 T.H. 212 City of Chanhassen County of Hennepin LUP # 2762 -0138 Terminates: February 1, 2022 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, Mn DOT, hereby grants a Limited Use Permit to the City of Chanhassen, Permittee, to use the area within the right of way of Trunk Highway No. 212 as shown in red on Exhibit "A ", (the Area) attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto and incorporated herein. NONMOTORIZED RECREATIONAL TRAIL The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized recreational trail (the Facility) and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal -Aid Policy Guide. In addition, the following special provisions shall apply: SPECIAL PROVISIONS TERM. This permit will terminate at 11:59PM on February 1, 2022 This permit will not be renewed. This permit is also 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. Prior to termination, or within 90 days of the cancellation notice, the Facility shall be removed by the Permittee. The Permittee is required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of the Facility 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. If Permittee desires to continue its use of the Area, the Permittee must reapply to the Minnesota Department of Transportation, at least 90 days prior to termination, for a new limited use permit. After termination, any continued occupancy or use, under this permit, of the Area is not authorized. However, if such continued occupancy or use occurs, all provisions of this permit related to Permittee's liability or responsibility remain in effect. Permittee will pay MnDOT all costs and expenses, including attorney's fees, in any successful action Page 1 of 4 brought by State of Minnesota to remove the facility and stop the continued occupancy or use. 2. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. 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. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. The Permittee shall construct the Facility 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 Facility that is compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1- 800 - 252 -1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 3. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 4. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f) of the Federal -Aid Highway Act of 1968, nor does Page 2 of 4 this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits are established by this permit. This permit is non - exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 5. APPLICABLE LAWS. 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. 6. CIVIL RIGHTS. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any Facility. 7. SAFETY. MnDOT shall retain the right to limit and /or restrict any activity, including the parking of vehicles and assemblage of Facility 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 Facility users. 8. ASSIGNMENT. No assignment of this permit is allowed. 9. IN WRITING. Except for those which are set forth in this permit, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this permit. 10. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 11. MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or 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 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. Page 3 of 4 12 NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: to Permittee at: City of Chanhassan Park and Recreation Director P.O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 and to MnDOT at: Minnesota Department of Transportation Metropolitan District R/W Office 1500 West County Road B -2 Roseville, MN 55113 -3174 Attn: Metro District R/W Engineer The address to which notices are mailed may be changed by written notice given by either party to the other. 13 INDEMNITY. Subject to the limitations, immunities and defense in Minnesota Statutes Chapter 466, which are not waived and which shall apply, Permittee shall defend, indemnify, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or damage is caused in part by the negligence of State of Minnesota or is deemed to be the responsibility of State of Minnesota because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person. (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this permit is granted, (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean -up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. Page 4 of 4 MINNESOTA DEPARTMENT CITY OF CHANHASSEN OF TRANSPORTATION RECOMMENDED FOR APPROVAL : District Engineer Date APPROVED BY: COMMISSIONER OF TRANSPORTATION 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. By Its And Its Page 5 of 4 Capital Improvement Program 2013 rhru 2017 City of Chanhassen, MN Project # ST -012 Project name Annual Street Improvement Program Account #1 601-)o=4751 Account #2 Account #3 Account #4 Department Street Improvements Contact PaulOehme Type Improvement Useful Life Unassigned Category Streets/Highways Priority n/a . Description Total Project Cost: $17,845,000 Annual project to rehabilitate and reconstruct streets in the City. Current 5 -year plan shows the following neighborhood areas: 2013 - Greenwood Shores, Melody Hill neighborhoods, Horseshoe Curve, Indian Hill Road, Sandy Hook Road neighborhood, Rice Marsh Lake trail loop extension 2014 - Dartmouth Drive, Cypress Drive and Kiowa Trail 2015 - Carver Beach area (south and west of Carver Beach Road), Ches Mar Drive, Lone Cedar, Saddlebrook Pass neighborhood MSA - Park Road, Park Court and Park Drive 2016 - North Manor Road, Washta Bay Road, Tanagers Lane, Sandpiper Trail, Piper Ridge Lane and Minnewashta Woods Drive MSA - Kerber Blvd 2017 - Flamingo Drive area and 96th Street MSA - Lake Drive Justification I The City uses a Pavement Management System to monitor the condition of the City streets. While proper preventative maintenance extends the life of the street and is cost effective, a street will eventually deteriorate to a point that further maintenance is no longer cost effective. Rehabilitation projects extend the life of the street. In cases with utility or poor sub grade needs to be replaced or where streets have deteriorated to a point where rehabilitation will no longer be practical reconstruction of the street is necessary. A feasibility study is written to consider the merits of the project and scope of work. Prior Expenditures 2013 2014 2015 2016 2017 Total 6,400,000 Construction 1,895,000 1,400,000 3,150,000 2,500,000 2,500,000 11,445,000 Total Total 1,895,000 1,400,000 3,150,000 2,500,000 2,500,000 11,445,000 Prior Funding Sources 2013 2014 2015 2016 2017 Total 6,400,000 Assessment/Revolving Assess 1,895,000 1,400,000 1,850,000 1,500,000 1,500,000 8,145,000 Total MSA 1,300,000 1,000,000 1,000,000 3,300,000 Total 1,895,000 1,400,000 3,150,000 2,500,000 2,500,000 11,445,000 Budget Impact/Other Chis project may decrease maintenance costs.