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Home My WebLink About5.B.3. Limited Use Permit for Pedestrian Trail in MN/DOT TH169 ROW at Fuller St-Res. No. 6917 s: 6. 3 . CITY OF SHAKO PEE COf.Jsr-mrT Memorandum ' t,' CiV" TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Limited Use Permit with Mn/DOT for Pedestrian Trail in Mn/DOT Right-of-Way ofTH 169 at Fuller Street DATE: July 21, 2009 INTRODUCTION; Attached is Resolution No. 6917, for a Limited Use Permit by the City with Mn/DOT for a pedestrian trail and T.H. 169 right-of-way at Fuller Street. Also included is a Draft Limited Use Permit, as provided by Mn/DOT for this pedestrian trail in TH 169 right-of-way. BACKGROUND: The City of Shakopee has authorized plans to be prepared for a pedestrian bridge and trail crossing over TH 169 on Fuller Street, from Vierling Drive to 17th A venue. The City also is receiving Federal Stimulus Funds to complete this project and plans are currently being prepared. In order to meet the project schedule and to initiate the preparation of a Cooperative Agreement with Mn/DOT for Federal and State funds, a Limited Use Permit authorization needs to be done by the City of Shakopee. The City of Shako pee did execute Limited Use Permits for the C.R. 79 and C.R. 17 bridges and this is a standard procedure withMn/DOT for facilities over their trunk highway right-of-way. ALTERNATIVES: 1. Offer Resolution No. 6917, City of Shakopee Limited Use Permit with the State of Minnesota Department of Transportation for a Pedestrian Trail in the Right-of-Way of Trunk Highway 169 at Fuller Street (Formerly County Road 77) and move its adoption. 2. Do not approve Resolution No. 6917. 3. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No.1, as the City will be receiving Federal Stimulus Funding and this Limited Use Permit authorization is needed to continue the project process. ACTION REQUESTED: Offer Resolution No. 6917, City of Shakopee Limited Use Permit with the State of Minnesota Department of Transportation for a Pedestrian Trail in the Right-of-Way of Trunk Highway 169 at Fuller Street (Formerly County Road 77) and move its adoption. !i:n~ Public Works Director ENGR/2009-PROlECTSIFULLER-STREET-TRAlLIWORDIMEM6917-LlMITED-USE-PERMlT RESOLUTIONNO. 6917 CITY OF SHAKOPEE LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT-OF-WAY OF TRUNKIDGHWAY 169 AT FULLER STREET (FORMERLY COUNTY ROAD 77) WHEREAS, the City of Shakopee is a political subdivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Shakopee has approved a plan to construct a pedestrian trail in the right-of-way of Trunk Highway 169 to promote the orderly and safe crossing of the highway; and WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Shako pee hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a pedestrian trail within the right-of-way of Trunk. Highway 169 (TH 169=005) of the State of Minnesota along Fuller Street (formerly County Road 77). The City of Shakopee shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council and the Mayor are authorized to execute the Limited Use Permit and any amendments to the Permit. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of ,2009. Mayor of the City of Shakopee ATTEST: City Clerk ENGRI2009-ENGlNEERlNG-PROJECTSIFULLER-STREET-TRAllJWORDIRES-LlMITED-USE-PERMlT STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT FOR PEDESTRIAN BRIDGE AND NONMOTORIZED RECREATIONAL TRAIL C.S. 7005 T.H. 169 County of Scott LUP # 7005-0010 In accordance with Minnesota Statutes Section ~161.433 and 23 C.F.R. 652 also published as the Federal Aid Policy Guide, a Limited Use Permit is hereby granted to City of Shakopee, Permittee. This permit is for the purpose of constructing, maintaining and operating a pedestrian bridge, (hereinafter called bridge), and a nonmotorized recreational trail, (hearafter called trail), within the right of way of Trunk Highway No. 169 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 PROVISIONS 1. The construction, maintenance, and supervision of the bridge 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 other 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. LUP - Pedestrian Bridge Page 1 of 4 LU10037/15/2009 5. Any and all maintenance of the bridge and trail shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the installation and removal of regulatory signs. 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 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 Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 8. The Permittee shall construct the bridge and trail at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometries and procedures result in a bridge and trail that is compatible with the safe and efficient operation of the highway facility. 9. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 10. Upon completion of the construction of the bridge, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall not do any excavating or filling which would alter or impede drainage at the subject site. 11. 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. 12. 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 this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. 13. 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 bridge 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 bridge and the return and restoration of the area shall be at no cost LUP - Pedestrian Bridge Page 2 of 4 LU10037/15/2009 to the Minnesota Department of Transportation and at the sole expense of the Permittee. 14. 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 bridge or trail. 15. The Permittee shall hold harmless 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 bridge and trail or from the use of the portion of highway right of way over which this permit is granted. 16. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of bridge and trail user rights on any portion of highway right of way over which this permit is granted. 17. 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 bridge and 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 bridge users. 18. 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 damage. 19. 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 the materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 20. No assignment of this permit is allowed. 21. 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 an 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 from all such liens and claims. LUP - Pedestrian Bridge Page 3 of 4 LU10037/15/2009 MINNESOTA DEPARTMENT CITY OF SHAKOPEE OF TRANSPORTATION By RECOMMENDED FOR APPROVAL John J. Schmitt Its Mayor By: District Engineer And Date Mark McNeill Its City Administrator APPROVED BY: And COMMISSIONER OF TRANSPORTATION Judith S. Cox Its City Clerk By: Director, Office of Land Management Date 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. LUP - Pedestrian Bridge Page 4 of 4 LU10037/15/2009 ~ Fuller Street Pedestrian Bridge over T.H. 169 .~ --- - SHAKOPEE City of Shakopee, Minnesota --- -_._,-