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Memo- Hutchinson Spur TrailMemorandum TO: Mayor and City Council COPY: Steve Stadler, Public Works Director FROM: Ray Vogtman, Parks/Forestry Superintendent DATE: September 2, 1998 SUBJECT: Hutchinson Spur Trail PUBLIC WORKS DEPARTMENT This memorandum is being prepared to provide council with background information and recent developments regarding the Hutchinson Spur Trail. The Hutchinson Spur Trail is the abandoned railroad right -of -way that lies on the east side of Hwy 169, goes under Hwy 7 and behind Target into St. Louis Park. This section of the right -of -way was allowed to go tax forfeit in 1992. The City of Hopkins purchased this parcel at that time for $10,000. Staff saw the potential for trail development and wished to preserve future trail opportunities on this parcel. The City of St. Louis Park has recently completed acquisition agreements and secured state and national grants for trail development on this section of old railroad right -of -way. There are no City of Hopkins costs regarding this trail development/implementation work. The consulting firm of SRF Consulting Group was hired by St. Louis Park to prepare trail construction documents. Documents must be submitted by January 1, 1999 and the trail constructed in the summer of 1999 in order for the grants to be successfully awarded. The grant documents require that the Hutchinson Spur Trail be identified and constructed up to the terminus at Excelsior Blvd in Hopkins. Several meetings have been held with city staff, with the most recent meeting on August 28, 1998. Staff is prepared at this time to present the proposed trail location, street crossings, trail construction specifications, anticipated agreement language with Hennepin Parks and neighborhood involvement. The park board reviewed the trail information at the May 18 Park Board meeting. Trail plans and right -of -way negotiations were ongoing at that time. The Park Board will be reviewing the current information on September 21, 1998. Attachments: 8/28/98 Agenda 8/13/98 SRF Letter to Super Valu Copy of St. Louis Park Trail Cooperative Agreement Maps SRF Transportation • Civil • Structural • Environmental • Planning • Traffic • Landscape Architecture • Parking August 13, 1998 Mr. Lloyd Johnson Real Estate Manager SUPERVALU 101 Jefferson Avenue South Hopkins, Minnesota 55440 Dear Mr. Johnson: SUBJECT: HUTCHINSON SPUR TRAIL CITY OF HOPKINS /CITY OF ST. LOUIS PARK/HENNEPIN PARKS JOINT PROJECT We appreciate the cooperation that you have shown regarding this exciting project. We have enclosed copies of the preliminary alignment and cross sections of the proposed trail along the west side of the SuperValu site. These drawings depict the location of the trail in relation to the parking and loading facilities on that side of the building, as well as some minor modifications to the drive aisle and parking stalls between the northerly and southerly parking areas on this portion of the site. It is the intent of the trail construction contract to relocate or replace the chain link fence to the east side of the trail to maintain the security that SuperValu currently has. The proposed trail is 3 meters wide (approximately 10 feet) with a 0.5 -meter (approximately 1.5 feet) clearance to the fence. The construction limits are also shown (in red) on the drawing. These construction limits designate the location where the grading for the trail meets the existing ground. As you are aware, the construction of the project will require the acquisition of a permanent easement for the trail, as well as a temporary construction easement to construct the slopes and reconfigure the drive aisle. It is my understanding that Evergreen Services may be employed during the easement negotiation and "' acquisition discussions, with the easement ultimately -to be held by Hopkins or Hennepin Parks. Please take a few moments to review the drawings. If you have any questions or concerns regarding the project, please call us. We look forward to working with you as we progress towards construction of the Hutchinson Spur Trail. Sincerely, SRF Co S LTING GROUP, INC. Barry arner, ASLA, AICP Princ CONSULTING GROUP, IN An Equal Opportunity Employer SRF No. 0983126 BJW /smf Enclosures cc: Steve Stadler, City of Hop Carlton Moore, City of St. Louis Park Del Miller, Hennepin Parks One Carlson Parkway North, Suite 150, Minneapolis, MN 55447 -4443 Telephone (612) 475 -0010 • Fax (612) 475 -2429 • http: / /www.srfconsulting.com 14. NufG1tt1yr0ON SIVM "!0 4 wervii4s. 9o4* T K pe r mew z.. rtialgor KoLfsb •_ Or.. X115 . Piq • 146141W D-1 • Sity • vtotifAd MAt4 rr•Mc( te. Vku) . 114400T 1X, 1}J�tat..1C`E' • NNOCT. • Ideat4t4. Ga. moat 170 Vtatlf, TRAIL COOPERATIVE AGREEMENT This cooperative agreement is made between the City of St. Louis Park ("City") and the Suburban Hennepin Regional Park District ( "Park District ") . RECITALS The City intends to construct an off -road, 10 -foot wide bituminous trail on property it owns, has an easement over, or plans to obtain easements over, from Highway 7 to the current termination of Cedar Lake Trail at Highway 100, along the Hutchinson Spur abandoned railroad right of way, the Burlington Northern railroad right of way and other property ( "Trail ") . The Park District will use the trailway for pedestrian and bicycle use as part of the Park District's park system. The City will be granting to the Park District a license to use the Trail as part of its and the City's overall park system in accordance with the provisions of this Agreement. The Park District or City of Hopkins will be acquiring right of way to extend the Trail from Highway 7 to Excelsior Boulevard in the City of Hopkins ( "Hopkins Trail Extension ") . The City will design and construct the Hopkins Trail Extension as part of its Trail contract. The Park. District is entering into a cooperative agreement with the City of Hopkins authorizing trail construction, operations and maintenance as part of the St. Louis Park contract. NOW, THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and the Park District agree as follows 64283 1. Grant of License. The City as licensor hereby grants and licenses to the Park District as licensee and its agents and invitees non - exclusive rights of use, regulation and control of the Trail and all rights necessary to the Park District's performance of its various rights and obligations under this Agreement. The license created herein is coupled with an interest, and will terminate in accordance with paragraph 10 herein. 64283 2. Design and Construction of Trail. The City will design and construct the Trail and the Hopkins Trail Extension. Plans and Specifications. The construction of the Trail and Hopkins Trail Extension will be in accordance with and pursuant to plans and specifications submitted to and approved in writing by the City, the Park District, and the Minnesota Department of Transportation ( "MnDOT ") . Cost Sharing. The City will contract for the design and construction of the Trail and the Hopkins Trail Extension. The Park District will reimburse the City at the conclusion of the project, but not later than July 1, 2000, for the total cost of design, construction and construction administration for the Hopkins Trail Extension. The Park District will reimburse the City for the cost of the bituminous overlay in St. Louis Park that will be completed as a part of the initial Trail project in five equal annual payments commencing July 1, 2000. 5. Contract Supervision and Administration. The trail construction contract, which includes the Hopkins. Trail Extension, will be supervised and administered by the City of St. Louis Park or its designee. Trail Uses and Purposes. - a. The Trail will be open to the general public and be used exclusively for pedestrian, in -line skating and bicycle uses. Motorized and equestrian uses shall be prohibited, except those motorized vehicles used by the City or Park District for maintenance or enforcement activities. . If the City has a concern about a specific type of use allowed on the Trail, the City will notify the Hennepin Parks Superintendent who will develop and implement a solution. If the problems related to the specific use remain, they will be addressed by a committee made up of the St. Louis Park City Manager, the Hennepin Parks Superintendent, one (1) St. Louis Park Council Member or St. Louis Park Commission Member and one (1) Hennepin Parks Commissioner selected by the Park District. If this committee cannot agree on a solution the issue will be -2- 64283 submitted to an arbitration process. The arbitrator's decision will be binding upon both parties. Maintenance of Trail. The Park District will be solely responsible for all renovation, replacement, repair, maintenance, painting of crosswalks, stripping and upkeep of the Trail, signage, fences, retaining walls and other appurtenant improvements. Maintenance will include necessary snow removal and trash removal in accordance with policies established by the Park District in conjunction with the City. At a minimum the Trail will be maintained at the same standard ` that the Park District maintains similar trails. The City may, at its sole discretion, conduct snow removal or repair activities upon the Trail, provided that its conduct of such activities shall not damage the Trail in any way. Such activities shall not impose any Obligation upon the City to conduct any such activities with respect to the Trail in the future. 8. Utilities. Notwithstanding the foregoing, the City shall at all times retain the rights to maintain, repair or replace any utilities and related facilities in, on or under the Property, and install such utilities and related facilities; provided that if any such activities by the City shall or may damage or limit the use of the Trail, the City will give the Park District thirty (30) days prior written notice of the same (except in cases of emergency), and, in any event, the City will upon completion of such activities so affecting the Trail or any portion thereof, restore the Trail as near as possible to its condition existing before such maintenance, repair, replacement or other activities of the City. 9. Rules and Ordinances. The City will patrol and police the Trail in such manner and by such persons as the City shall deem necessary, and shall enforce all rules and ordinances of the City, and all such rules and ordinances shall be applicable with respect to the Trail, including all applicable provisions of this Agreement, or other agreements of the parties. Notwithstanding anything herein to the contrary, the Park District shall have the right to enforce its rules, regulations and ordinances with respect to the Trail. 64283 10. Indemnification. The City and the Park District each shall indemnify, defend and hold harmless the other from any loss, liability, cost, damage and claim arising from any act or omission on the part of its officers, employees, agents, contractor or representatives in connection with the use, occupancy, development, operation, maintenance and repair of the Trail, including any attorney fees and expenses incurred in defending any such claim. Nothing herein shall change or otherwise affect the liability limits established under Minn. Stat. Chapter 466, as amended. The liability limitations established in Minn. Stat. Chapter 466 shall apply to undertakings pursuant to this Agreement, and no individual or entity may seek to increase recovery beyond the statutory amounts set forth in Minn. Stat. Chapter 466 by attempting to aggregate the statutory amounts applicable to the Park District or the City. The Park District acknowledges that the City is acquiring an easement from the St. Louis Park School District upon which a portion of the Trail will be constructed. The Park District's indemnification of the City for Park District acts or omissions includes the City's indemnification of the School District. 11. Duration of License. The license will be for a period of twenty (20) years commencing 12. Successor and Assigns. The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that neither the City nor the Park District shall have the right to assign its rights, obligations and interests in or under this Agreement to any other party without the prior written consent of the other party hereto. 13. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the party or parties to be bound, or its duly authorized representative. Any waiver by either party shall be effective only with respect to the subject matter thereof and the particular occurrence described therein, and shall not effect the rights of either party with respect to any similar or dissimilar occurrences in the future. -4- 14. Saving Provision. If any provision of the Agreement shall be found invalid or unenforceable with respect to any entity or in any jurisdiction, remaining provision of the Agreement shall not be affected thereby, and such provisions found to be unlawful or unenforceable shall not be affected as to their enforcement or lawfulness as to any other entity or in any other jurisdiction, and to such extent the terms and provisions of this Agreement are intended to be severable. 15. Notices. Any notice given under this Agreement shall be deemed given on the first business day following the date the same is deposited in the United States Mail (registered or certified) postage prepaid, addressed as follows: tf to the Park District: If to the City: Suburban Hennepin Regional Park District 12615 County Road 9 Plymouth, Minnesota 55441 City Manager City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416 IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the day and year first above written. 64283 CITY OF ST. LOUIS PARK By: Gail Dorfman Its Mayor By: Charles W. Meyer Its City Manager STATE OF MINNESOTA COUNTY OF 64283 SUBURBAN HENNEPIN REGIONAL PARK DISTRICT By: Its Chair - Board of Commissioners By: Its Superintendent and Secretary to the Board )ss. The foregoing Trail Cooperative Agreement was acknowledged before me this day of , 1998 by Gail Dorfman and Charles W. Meyer, respectively the Mayor and City Manager of the City of St. Louis Park, a municipal corporation, on behalf of the City of St. Louis Park. STATE OF MINNESOTA ) )ss. COUNTY OF Notary Public The foregoing Trail Cooperative Agreement was acknowledged before me this day of , 1998 by and , respectively the Chair and Superintendent of Suburban Hennepin Regional Park District, a pubic corporation and political subdivision of the State of Minnesota, on behalf of the corporation. Notary Public -6- roo MINNESOTA DEPARTMENT OF TRANSPORTATION CITY OF ST. LOUIS PARK CITY OF HOPKINS, HENNEPIN PARKS CONSTRUCTION PLAN FOR GRADING, AGGREGATE BASE, BITUMINOUS SURFACING, 'CTION OF BRIDGE NO. 27V27, RETAINING WALLS, VINYL COATED CHAIN LINK FENCE, SIGNING AND S'I HUTCHINSON SPUR REGIONAL TRAIL STATE PROJECT NO. 163-090-01 LOCATED ON FORMER BURLINGTON NORTHERN RAILROAD CORRIDOR FROM EXCELSIOR AVENUE TO TH 100 GROSS LENGTH 6872.85 METERS 6 •$ 73 KILOMETERS BRIDGES-LENGTH 4 METERS 0 KILOMETERS EXCEPTIONS- LENGTH 0 METERS 0 KILOMETERS NET LENGTH XXXXX METERS xxxxx KILOMETERS (. K 9 . L4GK.•. PL. i i \ g' e d �� / �• I I` tOl " '( S i &.Wri .rr.ly •t.nalm. tr. •.uP[l f ..c i� \ {or I II END S.P. 163 - 090 -01 STA. 16 *949.4 — '1 " •E I I ! 16 �w;! ,tno 57. 1<•n St. 4 f:t 1 < 5: I �' I! 7 152 I IUS ESE (� p p ; d � c fie i� : I �:iiP �/' • : lw' 4 t P vl E '.S n..0.10. L•. / 61. ETD•P y ) 54. I. Pp 1.4. .4a �: I (�� b. CFDIF L•II CLL. I 111/ \ \ - 1 \A Pond SCA C5.