HomeMy WebLinkAbout2015-076 CCR Member Lin Myszkowski introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2015-76
RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE AUGUST 27, 2009, TRAILWAY COOPERATIVE AGREEMENT
BETWEEN THREE RIVERS PARK DISTRICT AND THE CITY OF
BROOKLYN CENTER
WHEREAS, the City of Brooklyn Center ("City") and Three Rivers Park
District ("Park District") entered into a Trailway Cooperative Agreement ("Agreement") for the
Twin Lake Regional Trail ("Trail") establishing the planning design, construction, operation,
maintenance, and funding responsibilities of the Trail on August 27, 2009; and
WHEREAS, an immediate opportunity exists to realign a portion of the Trail
from France and 53rd Avenues to 50th Avenue and to private property along Highway 100
between 501h and 53rd Avenues, in which a public trail easement will be obtained; and
WHEREAS, the Park District and City desire to further cooperate and complete
the gap in the Twin Lake Regional Trail along 57th Avenue between the Shingle Creek and
Mississippi River Regional Trails located from Logan Avenue to Lyndale Avenue; and
WHEREAS, the trail realignment and trail extension require an amendment to
the Agreement; and
WHEREAS, the Park District and City desire to cooperate to obtain property
rights, design, construct, operate and maintain a continuous and contiguous Trail corridor located
in the city.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute
the attached Amendment to the August 27, 2009 Trailway Cooperative Agreement in the name
of the City of Brooklyn Center.
May_ 11, 2015
Date Mayor
ATTEST: 4" &;64
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Dan Ryan
and upon vote being taken thereon,the following voted in favor thereof:
Tim Willson, April Graves, Lin Myszkowski, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION 2015-76
THREE RIVERS PARK DISTRICT
AND
CITY OF BROOKLYN CENTER
AMENDMENT TO AUGUST 27, 2009
TRAILWAY COOPERATIVE AGREEMENT
This amendment to the Trailway Cooperative Agreement (the "Agreement") made
and entered into on August 27, 2009, by and between Three Rivers Park District, 'a public
corporation and a political subdivision of the State of Minnesota (`Park District'), and the
City of Brooklyn Center, a_Minnesota municipal corporation (City'), is hereby made and
entered into this day of 2015, by and between the Park District
and City.
WHEREAS, Park District is a political subdivision of the State of Minnesota
authorized by statute to acquire, establish, operate and maintain park and trail systems;
and
WHEREAS, Park District promulgates master plans for the development of park
facilities and regional trail systems and submits master plans to the host community(ies)
and Metropolitan Council for approval; and
WHEREAS, Park District prepared a specific master plan for the Twin Lakes Regional
Trail (`Trail") in cooperation with the City which was subsequently supported by the City
with a resolution of support on January 10, 2011, and adopted by the Park District Board of
Commissioners on July 21, 2011; and
WHEREAS, City and Park District entered into the Agreement for the Trail
establishing the planning, design, construction, operation, maintenance, and funding
responsibilities of the Trail on August 27, 2009; and
WHEREAS, an immediate opportunity to realign a portion- of the Twin Lakes
Regional Trail (`Trail Realignment") has presented itself as part of Lake Point Apartments
Improvement project ("Apartment Project'), resulting in an opportunity to improve trail
safety by reducing driveway and road crossings; and
WHEREAS the Trail Realignment (Exhibit A) within the Apartment Project requires
an amendment to the Agreement; and
WHEREAS, Park District and the City desire to further cooperate to develop the Trail
Realignment as part of the, Apartment Project and the City will act as the Park District's
agent for the design, construction, and construction administration for this trail segment;
and
WHEREAS, the Agreement requires Park District and City to jointly determine the
route for the Twin Lakes Regional Trail Extension from Xerxes Avenue to the Mississippi
River; and
WHEREAS, the segment of trail along 571h Avenue North between Logan Avenue and
Lyndale Avenue North (`57th Avenue Segment") represents the last remaining gap in the
Twin Lakes Regional Trail Extension (Exhibit B); and
Amendment to August 27, 2009 Trailway Cooperative Agreement
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RESOLUTION 2015-76
WHEREAS, inclusion of the 571h Avenue Segmentrequires an amendment to the
Agreement; and
WHEREAS, Park District and City desire to cooperate to obtain and/or transfer
property rights, design, construct, operate, and maintain a continuous and contiguous Trail
corridor located in the City employing their own powers; and
NOW THEREFORE, in consideration of the mutual covenants herein, and other good
and valuable consideration, the sufficiency of which is hereby acknowledged, Park' District
and City agree as follows:
The Park District and City entered into the Agreement on August 27, 2009. Except as herein
provided, the terms, conditions, and provisions of the Agreement shall apply to and govern
the provisions of this amendment.
1. Property Rights.
A. Trail Realignment
Upon satisfactory completion of the Trail Realignment, City shall furnish to Park
District a Public Trailway'Easement or a Permanent Irrevocable Limited Use Permit.in
accordance with Paragraph 1.B of the Agreement. At which time the easement or
limited use permit is satisfactory provided to Park District and Trail Realignment is
substantially complete, the Park District shall take appropriate measures to vacate
existing Limited Use Permits TL-4A and TL-4B for the trail segments located along
France Avenue from 50th Avenue to 53rd Avenue and along 53rd Avenue from France
Avenue to Brooklyn Boulevard. Upon vacation of said limited use permits, City shall
assume all ownership, operation, and maintenance responsibilities for said trail
segments. Park District shall be responsible to own, operate, and maintain Trail
Realignment in accordance with the terms and conditions of the Agreement.
B. 57th Avenue Segment
For the 57th Avenue Segment within City property or rights-of-way as illustrated in -the attached Exhibit B, City shall convey to Park District a Permanent Public Trailway
Easement or Permanent Irrevocable Limited Use Permit in accordance with
Paragraph 1.0 of the Agreement. Said easement or limited use permit shall provide a
continuous and contiguous Trail corridor, and shall be conveyed upon execution of
this Agreement.
If City cannot acquire and convey the easement or limited use permit to Park
District, where it has rights to do so, within twelve (12) months following execution
of this Agreement, the Park District shall not be obligated to proceed with any
obligation under this Agreement and further this Agreement may be terminated by
Park District.
In the event City's right to maintain Trail within the easement or limited use permit
are lost by vacation, condemnation, revocation of license or permit, or otherwise,
City will acquire such additional rights, titles and interests as are needed to assure a
continuous and contiguous Trail corridor of adequate width at City expense. If the
loss of such right to maintain a trail within the easement or limited use permit occurs
after construction of the Trail, the City shall acquire such additional right,. title or
interest and reconstruct the Trail, if necessary, at City expense. The City represents
that it currently has the legal right and authority to construct and maintain the 57th
Avenue Segment from Humboldt Avenue to Lyndale Avenue within such platted
rights-of-ways.
Amendment to August 27, 2009 Trailway Cooperative Agreement
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RESOLUTION 2015-76
The parties recognize that certain bridges and grade crossings may require
agreements with third parties such as the Minnesota Department of Transportation
or Hennepin County. The parties shall cooperate to secure necessary permissions to
use such crossings and bridges.
2. Financing.
A. Trail Realignment
The Park District Board of Commissioners approved funding in the amount of one
hundred and eighty-five thousand dollars ($185,000) for design and construction of
the Trail Realignment, as shown on Exhibit A. Park District shall reimburse City'for
all direct costs of design services incurred by the City to design the trail and trail
related structures and construction paid or owed to the contractor engaged by City to
build the trail and trail related structures. The maximum total reimbursement for
design and construction is one hundred eighty-five thousand dollars ($185,000).
Reimbursement shall not be due until City has conveyed the required easement or
limited use permit to Park District in accordance with Paragraph 1;A of this
Agreement Amendment. Park District will not reimburse City for indirect City costs
incurred by City including, but not limited to, staff costs, costs of consultants and
advisors, legal fees, filing fees, permit fees, or any other expense, which do not
represent direct approved design or construction costs. City shall provide all records
necessary for audit of costs. City shall not seek reimbursement from Park District for
design and construction costs related to the non-regional trail' items of the
Apartment`Project. Park District shall reimburse City within forty-five (45) days
following receipt of'verified statement of direct design and construction expenses for
all costs authorized by this Paragraph.
B. 5711 Avenue Segment
City shall reimburse Park District for all direct costs of design services incurred,by
Park District to design light pole bases, electrical conduit, sanitary sewer repairs, and
water main repairs and construction paid or owed to the contractor engaged by Park
District to construct light pole bases, electrical conduit, and sanitary sewer and water
main, repairs that are not the direct result of the 57th Avenue Segment. City shall
reimburse Park District within forty-five (45) days following receipt of direct design
and construction expenses for all costs authorized by this Paragraph,
The Park District shall be responsible for all design and construction costs for utility
relocation and adjustments required as a direct result of the 57th Avenue Segment.
3. Park District Agent for Trail Realignment.
The City shall be solely responsible to negotiate and , enter into an agreement
(`Agreement') for purposes of the design, construction, and construction supervision of
Trail Realignment. Park District shall not be a party to the Agreement.
4. Design and construction.'
A. Trail Realignment:
City shall coordinate and execute any and all public engagement process as
associated with the Trail Realignment.
City shall withhold Notice to Proceed or similar approval allowing Project to proceed
until Park District approval of Trail Realignment plans and specifications provided
that approval is not unreasonably withheld.
Amendment to August 27, 2009 Trailway Cooperative Agreement
3
RESOLUTION 2015-76
City shall be responsible to ensure Trail Realignment is designed in accordance with
regional trail standards adopted by the Park District (Exhibit C). City shall submit all
-Trail Realignment design and construction plans to Park District for review,
comment, and approval. Park District approval shall not be unreasonably withheld.
Final Trail Realignment design and construction pians shall be reviewed and
approved by Park District prior to adoption and approval by City.
City shall be responsible to ensure Trail Realignment is constructed in accordance'
with construction plans and specifications developed pursuant to this Agreement.
City shall be solely responsible for construction supervision. City shall provide notice
to Park District of the commencement of construction. Park District may observe
construction and may consult with City regarding construction issues. City shall
inform the Park District of final construction and shall schedule inspection by Park
District prior to close of the construction contract. Upon correction of any concerns
identified 'in the inspections, City shall notify Park District in writing indicting
completion of the Project.
City shall grant orobtainall approvals, permits, and other official permissions
necessary to construct, operate, and maintain the Trail Realignment.
City shall complete all other incidental work items required to complete the Trail
Realignment.
All records kept by the City and Park District with respect to the Trail Realignment
shall be subject to examination by the representatives of each party. Upon
completion, City shall furnish to Park District as-built drawings of the Trail
Realignment, and if applicable, any inspection reports of the Trail Realignment, if
documents are in the possession of the City.
B. 57th Avenue Segment:
The Park District will coordinate and fund design and construction of Trail and Trail
related structures for the segment of trail along 57th Avenue North between Logan
Avenue North and Lyndale Avenue North except as provided herein.
Design and construction of the 57th Avenue Segment, associated structures and road
crossings shall be in accordance with the Typical Trail Sections (Exhibit C) and
standards and guidelines adopted by the Park District. Park District will have final
discretion over regional trail and safe crossing design and the interpretation and
execution of engineering best practices. Park District may, in its sole discretion,
contract with consultants to provide professional design services including, but not
limited to design development, bidding documents, construction plans and
specifications, contract document preparation, construction admi.nistration, and
project close out. Park District shall submit all 57th Avenue Segment plans to City for
review and approval, provided however, that approval .shall not be unreasonably
withheld.
Park District will coordinate the relocation of utilities as necessary to construct the
57th Avenue Segment in accordance with this Agreement. Park District shall not be
responsible for utility relocation costs within City rights-of-way except for any
necessary relocation of city-owned utilities. Park.District shall pay for the relocation
Amendment to August 27, 2009 Trailway Cooperative Agreement
4
RESOLUTION 2015-76
of any city-owned utilities. City shall enforce its franchise agreements with utility
companies and require utility companies to relocate utilities at their own expense.
Park District shall be responsible for bidding and construction of the 57th Avenue
Segment and trail related structures in accordance with approved constructionpians
and specifications. Construction shall commence following (1) conveyance to Park`
District of the easement 'or limited use permit in accordance with Paragraph 1.13 of
this' Agreement Amendment, (2) Park District and City approval of plans and
specifications for the 57th Avenue Segment, and (3) project funding approval by Park
District Board of Commissioners.
A fundamental component of the 57th Avenue Segment financing plan is a
$1,120,000 Federal Transportation Alternatives Program (TAP) grant. If for any
reason this grant is terminated or lost, the Park District shall not be obligated to
fulfill the terms and conditions of this amendment and may terminate this
amendment without further obligation to City except to provide written notice:
All records kept by the City and Park District with respect to the 571h Avenue
Segment shall be subject to examination by the representatives of each party. Upon
completion, Park District shall furnish to City Record Drawings of the Trail Extension,
and if applicable, any inspection reports of the 57th Avenue Segment, if documents
are in the possession of the Park District.
Amendment to August 27, 2009 Trailway Cooperative Agreement
5
RESOLUTION 2015-76
IN WITNESS WHEREOF, the parties have set their hands the day and year first
written above.
City of Brooklyn Center,
a Minnesota municipal corporation
Date
Its Mayor
Date
Its City Manager
THREE RIVERS PARK DISTRICT;
a public corporation and political subdivision
of the State of Minnesota
Date
John Gunyou, Board Chair
Date
Boe R. Carlson, Superintendent
and Secretary to the Board
J:\PROJECTS\Regional Trails\TTL 1401 Regional Trail East Segment Brooklyn Center\J Permanent Records\I Agency
Agreements\20150205_Amendment Brooklyn Center_TrailRealignment EastSegment_Final.docx
Amendment to August 27,2009 Trallway Cooperative Agreement
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RESOLUTION 2015-76
EXHIBIT B: 57th Avenue Segment Proiect Map
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Amendment to August 27, 2009 Trailway Cooperative Agreement
8
RESOLUTION 2015-76
Exhibit C: Typical Trail Section
NOTES:
O 2'WIDTH AT MAX.2%SLOPE ON SHOULDER.
0 3:1 MAXIMUM SLOPE(H;V)OUTSIDE OF 2'
n SHOULDER.
46 PREFERRED 3'CLEARANCE,2MIN.FROM
o TREES OR OTHER OBSTRUCTION.
0 SEE PLAN SHEETS FOR TRAIL STRIPING.
0 MAX.CROSS SLOPE 27S.SEE CROSS
yrr c SECTIONS FOR SLOPE DIRECTION.
a ® MIN.X CLEARANCE BETWEEN EDGE OF
TRAIL AND EDGE OF SIGN.
07
MAINTAIN 10'VERTICAL CLEAR
ZONE ABOVE TRAIL.TRIM TREE
BRANCHES ACCORDINGLY,
O
V'TOPSOIL,TYP. -
SEE PLAN SHEETS AND SPECIFICATIONS FOR SEEDING AND RESTORATION NOTES. '=
X TYPE SPWEA240B BITUMINOUS PAVEMENT
6"CL.5 AGGREGATE BASE
12,SCARIFY,DRY,AND RECOMPACT
SUBGRADE MATERIAL AS DIRECTED BY OWNER.
NOTES:
B UMINOUS SHALL BE PLACED IN ONE LIFT: ,
_ 2. CLASS 5 AGGREGATE BASE SHALL CONFORM TO MnDOT
SPEC 3138.
11 I 3. SUBGRADE SHALL.BE TEST ROLLED PRIOR TO AGGREGATE
BASE INSTALLATION AND CONFORM TO MnDOTSPEC2111.
6R-2)TYPICAL TRAIL SECTION 10'OFF-ROAD
NTS
Amendment to August 27, 2009 Trailway Cooperative Agreement
9