IV.3. Approval of Green Line Extension Light Rail Transit Project Ownership, Operations and Maintenance Agreement for Smetana Road Bridge; Pavek
CITY OF HOPKINS
City Council Report 2026-088
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Dustin Pavek, Public Works Director
Date: September 1, 2026
Subject: Approval of Green Line Extension Light Rail Transit Project Ownership,
Operations and Maintenance Agreement for Smetana Road Bridge
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO Approve the Green Line Extension Light Rail Transit Project Ownership,
Operations and Maintenance Agreement for Smetana Road Bridge.
OVERVIEW
The agreement between the Metropolitan Council, Hopkins, and Minnetonka
establishes who owns, operates, and maintains the Smetana Road Bridge associated
with the METRO Green Line Extension. Minnetonka and Hopkins jointly own the
roadway and bridge, with Minnetonka serving as the designated bridge owner for
MnDOT purposes, while the Metropolitan Council owns and operates the LRT system
beneath the bridge. The Met Council is responsible for maintaining and repairing the
LRT tracks, signals, overhead catenary system, and certain structural bridge
components, while Hopkins and Minnetonka are responsible for roadway-related
maintenance within their respective jurisdictions, including snow and ice control,
pavement, curbs, signage, markings, and certain railings and other features. The Met
Council and Minnetonka coordinate required bridge inspections, and all parties must
coordinate work near the LRT system to protect rail operations and safety. If major
bridge replacement is eventually required, the parties will negotiate a separate cost-
sharing arrangement based generally on which components and areas each party is
responsible for. The agreement remains in effect for as long as the bridge or Green Line
Extension exists, unless all parties agree in writing to terminate it.
SUPPORTING INFORMATION
• Green Line Extension Light Rail Transit Project Ownership, Operations and
Maintenance Agreement for Smetana Road Bridge
Public Works
Contract No. 23I023
GREEN LINE EXTENSION LIGHT RAIL TRANSIT PROJECT
OWNERSHIP, OPERATIONS AND MAINTENANCE AGREEMENT FOR
SMETANA ROAD BRIDGE
This Green Line Extension Light Rail Transit Project Ownership, Operations and
Maintenance Agreement for Smetana Road Bridge (“Agreement”) is entered into by and between
the Metropolitan Council (“Council”), a public corporation and political subdivision of the State
of Minnesota, the City of Hopkins (“Hopkins”), a Minnesota municipal corporation, and the City
of Minnetonka (“Minnetonka”), a Minnesota municipal corporation (collectively, the “Parties”).
WHEREAS, the Parties to this Agreement have been involved in various activities
regarding the extension of the light rail transit (“LRT”) line known as the METRO Green Line
(“Green Line Extension”) which will operate from downtown Minneapolis through the cities of
St. Louis Park, Hopkins, Minnetonka, and Eden Prairie (the “METRO GLE Project”);
WHEREAS, the Council has authority under Minnesota Statutes, sections 473.399 to
473.3999, to exercise the powers granted to plan, design, acquire, construct, and equip light rail
transit facilities in the Metropolitan Area as defined in Minnesota Statutes, section 473.121,
subdivision 2 (“Metropolitan Area”). Further, the Council has authority under Minnesota Statutes,
section 473.405, subdivision 4, and other applicable statutes, to engineer, construct, equip and
operate transit systems, projects, or parts thereof, including LRT, in the Metropolitan Area;
WHEREAS, the Council obtained easement rights for the construction, maintenance, and
operation of the METRO GLE Project within Hopkins and Minnetonka;
WHEREAS, the METRO GLE Project design originally included at-grade LRT and
roadway crossing at Smetana Road (the “Roadway”);
WHEREAS, the Roadway is a local road operated by both Hopkins and Minnetonka
pursuant to their respective powers under state law, including their powers under Minnesota
Statutes sections 441.48 and 412.221, subd. 6, to establish, locate, relocate, construct, reconstruct,
improve, and maintain city bridges and streets, and any other applicable authority;
WHEREAS, it was mutually agreed by the Parties during the development of the
preliminary design plans to modify the METRO GLE Project design to create a grade separated
Roadway to enhance the safety and operational efficiency of the roadway and the LRT, which
necessitated the construction of the Smetana Road Bridge (27C09) and associated Roadway
improvements (the “Roadway Bridge”), identified on Exhibit A;
WHEREAS, the Parties have cooperated in various aspects of design and construction of
the Roadway Bridge, as part of advancing the METRO GLE Project into passenger service
operations;
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WHEREAS, the Roadway Bridge was opened to Traffic on October 19, 2021 and was
assigned to Minnetonka in the Minnesota Department of Transportation (“MnDOT”) bridge
database;
WHEREAS, the Parties desire to identify and define their respective roles and
responsibilities with respect to the ownership, use, operations, and maintenance of the Roadway
Bridge within the immediate vicinity of the LRT System.
NOW, THEREFORE, the Parties, agree as follows:
ARTICLE 1 - DEFINITIONS
For purposes of this Agreement, the following definitions apply:
1.1 Emergency Work. Work to address a condition that (1) poses a clear and immediate danger
to life, health, or a significant loss of property; or (2) requires immediate Repair and
Reconditioning or Replacement in order to restore the passage of Traffic on the Roadway
Bridge or LRT service under the Roadway Bridge.
1.2 Inspection or Inspections. The mandatory inspection of the Roadway Bridge conducted in
accordance with the frequency, procedures, and standards established by the MnDOT
Bridge and Structure Inspection Program, including but not limited to annual inspections
and any interim or special inspections required under applicable MnDOT guidelines.
1.3 LRT System. All equipment and facilities owned by the Council and associated with the
operation of Green Line Extension including but not limited to the tracks and transit
operating systems equipment, including flashing lights, warning devices, LRT signage,
LRT train control equipment, traction electrification equipment, Overhead Catenary
System (“OCS”), and LRT vehicles.
1.4 LRT Work Zone. Means the area where work is actually and contemporaneously being
performed within twelve (12) feet on each side of the centerline of each track or has the
potential to foul the track or OCS.
1.5 Maintain or Maintenance. The obligation to perform and all costs for ordinary, routine
maintenance and cleaning of the Roadway Bridge and LRT System and keeping the
Roadway Bridge and LRT System reasonably free of all obstructions and impediments.
This includes, but is not limited to, street sweeping, snow plowing, rubbish removal,
cleaning and repair of drainage facilities. Maintenance excludes (i) warranty work relating
to the initial construction of the Roadway Bridge or its related fixtures, machinery, and
equipment (ii) Repair and Reconditioning, and (iii) Replacement.
1.6 Overhead Catenary System (“OCS”). Consisting of all facilities for overhead traction
power distribution to the LRT System, including, but not limited to, traction electrification
system poles, overhead wires, underground wires, hardware, and appurtenances.
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1.7 Repair and Reconditioning. The obligation to perform, and all costs for, repair,
reconditioning, reconstruction, improvements, and related expenditures required to repair,
restore, or replace any elements of the Roadway Bridge and LRT System, as evidenced by
an Inspection, necessitated by any damage, destruction, ordinary wear and tear, or
obsolescence, including the repair, reconstruction, or restoration, of any aspect of the
Roadway Bridge or LRT System that changes, enhances, or improves the functionality,
overall value, or useful life of the Roadway Bridge or LRT System. Repair and
Reconditioning does not include Replacement.
1.8 Replacement. The obligation to demolish and reconstruct the Roadway Bridge when, as
evidenced by an Inspection, the structure is determined to be too damaged to be
economically rehabilitated.
1.9 Traffic. Motor vehicle, bicycle, pedestrian, and other traffic travelling across the Roadway
Bridge. Traffic does not include LRT trains operating under the Roadway Bridge.
1.10 Work. Activities associated with Inspection, Repair or Reconditioning, and Replacement
of the Roadway Bridge.
ARTICLE 2 – PURPOSE AND GENERAL PROVISIONS
2.1 The purpose of the Agreement is to define the ownership of the Roadway Bridge, the
operational and maintenance responsibilities of each Party with respect to the LRT System
under the Roadway Bridge, and the maintenance responsibilities of each Party with respect
to the Roadway Bridge.
2.2 This Agreement is not intended to be applicable to the operation and maintenance of the
LRT System elements that extend outside of or beyond the Roadway Bridge structure.
These responsibilities will be addressed in separate agreements between the Parties and
other parties, as appropriate.
2.3 The Council’s Metro Transit Chief Operations Officer or designee, and Hopkins’s Public
Works Director or designee, and Minnetonka’s City Engineer or designee, will meet on an
as needed basis to resolve any operation or maintenance issues related to the Roadway
Bridge or the LRT System operating under the Roadway Bridge.
2.4 Except as otherwise provided in this Agreement, the Council is responsible for LRT
System ownership and maintenance activities, including track maintenance and any other
activity required to keep the LRT system in good operating condition.
ARTICLE 3 –Roadway Bridge Ownership
3.1 Minnetonka and Hopkins own the Roadway and Roadway Bridge pursuant to its powers
under state law, including Minnesota Statutes sections 165.02, 441.48 and 412.221, subd.
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6, to establish, locate, relocate, construct, reconstruct, improve, and maintain city bridges
and streets, and any other applicable authority. For purposes of the MnDOT Structure
Information Management (SIM) system, the City of Minnetonka is identified as the
structure owner and is responsible for submitting required inspection reports in accordance
with MnDOT inspection and reporting requirements.
ARTICLE 4 –LRT System Operations
4.1 LRT System Operations. The Council will operate the LRT System under the Roadway
Bridge pursuant to its powers under state law, including Minnesota Statutes
section 473.411, subd. 5, to use any state highway or other public roadway, parkway, or
land, or any bridge, or tunnel, or other appurtenance of a roadway without payment of any
compensation.
4.2 Work Within the LRT Work Zone.
A. Work Permits and Procedures. All work within the LRT Work Zone requires a
Metro Transit Work Permit and compliance with the Work Permit Procedure. The
permit request can be emailed to Transit-LRT-ROWpermit@metrotransit.org. The
current Work Permit Procedure is attached as Exhibit C and is updated every two
(2) years.
B. Work Permit Exemptions. Work performed on a bridge deck (inside the guard rails)
or beneath a bridge does not require a Metro Transit Work Permit. This exemption
applies only when the work does not occur on an embankment, or involve people
or equipment (e.g., cranes, excavators) capable of contacting the track, a train, or
on-track equipment in the event of a tip-over, collapse, or other failure. This
exemption does not apply for any work where there is an unobstructed path to the
OCS or if the work otherwise presents potential for contact with the OCS.
C. Emergency Access to LRT Work Zone for Emergency Work. In case of Emergency
Work, Hopkins or Minnetonka or both, as the case may be under the circumstances
must contact the Rail Control Center at 612-341-5710 for emergency access prior
to commencement of the Work. The Rail Control Center is staffed 24 hours a day,
7 days a week.
D. De-Energizing the OCS. It is acknowledged that, from time to time, Work activities
proposed by Hopkins or Minnetonka or their contractors may require the Council
to adjust train operations, de-energize power lines, or temporarily remove LRT
System equipment. In such cases, the Council will not charge for revenue lost due
to these Work activities. Hopkins and Minnetonka staff will confer with Council
staff in planning and scheduling Work required to operate and keep in good
working order the Roadway Bridge so as to minimize the potential for LRT System
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Contract No. 23I023
disruption occurring from Work activities. Hopkins and Minnetonka acknowledge
that Work may have to be conducted outside of normal working hours.
E. Working Hours. It is acknowledged that, from time to time, Work activities
proposed by Council or its contractors may require Council Work to be conducted
outside of normal working hours; in such cases, neither Hopkins or Minnetonka
will charge the Council for such Work.
F. On-Track Safety Training. Hopkins and Minnetonka will ensure that its employees
and contractors performing Work in close proximity to the LRT tracks have
completed, before working in such areas, an on-track right-of-way safety training
program, which will be provided by the Council without charge to Hopkins,
Minnetonka, or their respective contractors.
ARTICLE 5 – Maintenance, Repair, Reconditioning, and Replacement
5.1 Snow and Ice Control. Hopkins and Minnetonka will each be responsible for snow and ice
control on the portion of the Roadway and Roadway Bridge within its jurisdiction.
Hopkins and Minnetonka will each use best efforts when performing snow plowing and
removal operations to avoid placing snow onto the LRT tracks from the adjacent roadways.
5.2 LRT System. The Council will be responsible for Maintenance, Repair, Reconditioning,
and Replacement of the LRT System. This includes the LRT tracks, signals and OCS, as
well as other LRT System elements related to the operation of the LRT System.
5.3 Roadway Bridge Inspection. The Council, in coordination with Minnetonka, will be
responsible for conducting Inspections of the Roadway Bridge as required by MnDOT and
will provide the inspection report to Minnetonka. Minnetonka is responsible for reviewing,
approving, and submitting the inspection reports as required by MnDOT.
5.4. Roadway Bridge Maintenance and Repair and Reconditioning. Minnetonka and Hopkins
are jointly responsible for Maintenance and Repair and Reconditioning of the Roadway
Bridge above the bridge deck, as outlined in Sections 5.4(A) and 5.4 (B). The Council is
responsible for Maintenance and Repair and Reconditioning of only certain components of
the Roadway Bridge, as outlined in Section 5.4(C).
A. Minnetonka. Minnetonka is responsible for wearing course, curb and gutter,
approach panels, joint seals, catch basin inlets (located within Minnetonka
boundaries), traffic and pedestrian signage, and pavement markings necessary to
guide Traffic within Minnetonka boundaries on the Roadway Bridge. Minnetonka
is also responsible for the trail and railing on the south side of the Roadway Bridge,
and decorative wall surfaces and associated color treatments.
B. Hopkins. Hopkins is responsible for wearing course, curb and gutter, approach
panels, joint seals, catch basin inlets (located within Hopkins boundaries), traffic
and pedestrian signage, and pavement markings necessary to guide Traffic within
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Hopkins boundaries on the Roadway Bridge. Hopkins is also responsible for the
railing on the north side of Roadway Bridge.
C. Council. The Council is responsible for the following components of the Roadway
Bridge: bridge deck, retaining walls, girders, beams, bearings, footings,
foundations and abutments.
5.6 Graffiti Removal. The Council will be responsible for graffiti removal within the LRT
System. Minnetonka and Hopkins will each be responsible for graffiti removal from the
Roadway Bridge components outside of the LRT System located in their respective
jurisdictions.
5.7 Insurance. The Parties will each maintain sufficient insurance, or a sufficient program of
self-insurance, as commercially prudent for the obligations required under this
Agreement.
5.8 Cost and Expenses. Unless otherwise addressed herein, each Party is responsible for the
costs and expenses of the activities it performs.
5.9 Damage. In the event of concurrent Maintenance, Repair or Reconditioning, or
Replacement by the Parties, or in the event of extraordinary conditions that result in
damage to both the Roadway Bridge and LRT System, the Parties will cooperate in the
identification of the damage, the causal factors of the damage, and an itemization of costs
borne by the Parties or other parties. The Parties will cooperate during any Inspection,
Maintenance, Repair and Reconditioning, or Replacement of the Roadway Bridge and/or
LRT System.
5.10 Future Capital Replacement. In the event that capital replacement of any component of the
Roadway Bridge becomes necessary pursuant to an Inspection, the Parties agree to confer
in good faith to evaluate the condition of the structure, determine the scope of required
work, and identify a cost allocation framework consistent with the responsibilities and
benefits set forth in Section 5.4 of this Agreement. The Parties acknowledge that
components primarily serving structural support of the Roadway Bridge, including the
bridge deck, will be the responsibility of the Council, while components serving local
Traffic will be subject to cost-sharing among each City in proportion to their respective
areas of maintenance responsibility outlined in Section 5.4. Any such cost-sharing
arrangement will be documented in a separate agreement or amendment hereto prior to
commencement of the replacement work.
ARTICLE 6 – Term
6.1 This Agreement and all obligations hereunder will become effective upon execution by
each party (“Effective Date”) and will remain in effect during the existence of any of the
Roadway Bridge or the METRO Green Line Extension, unless the Agreement is terminated
by written mutual agreement of the Parties.
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Contract No. 23I023
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their
respective duly authorized representatives on the dates indicated. Furthermore, this Agreement
may be executed in counterparts, each of which will be deemed to be an original, but all of
which, taken together, will constitute one and the same agreement.
METROPOLITAN COUNCIL CITY OF MINNETONKA
By: ________________________________ By: __________________________
Name: Name:
Title: Title:
Date: ______________________________ Date: ________________________
CITY OF HOPKINS
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
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Contract No. 23I023
LIST OF EXHIBITS
Exhibit A: Bridge 27C09 Plan and Profile
Exhibit B: Work Permit Procedure
Contract No. 23I023
Exhibit A: Bridge 27C09 Plan and Profile
SHEETOFSHEET NAME:DISCIPLINE:NO.DATEDRAWNREVISION / SUBMITTALCHECKDESIGNSTRUCTURESCBR27C09-BRG-GPE-001 CIVIL – VOLUME 4CSMETANA ROAD OVER SOUTHWEST LIGHT RAILBRIDGE 27C09GENERAL PLAN AND ELEVATION145001/12/2017BSPLRRJHISSUED FOR BIDRD06/03/2024ACBRACRECORD DRAWINGTHIS DOCUMENT INCLUDES THE ORIGINAL DESIGNINFORMATION AND FIELD INFORMATION PROVIDEDBY OTHERS. BECAUSE THIS DOCUMENT INCLUDESUNVERIFIED INFORMATION PROVIDED BY OTHERPARTIES, AECOM AND ITS SUBCONTRACTORSCANNOT AND DO NOT WARRANT THEIR ACCURACYOR COMPLETENESS AND SHALL NOT BERESPONSIBLE FOR ANY ERRORS OR OMISSIONSTHAT MAY BE INCORPORATED HEREIN AS A RESULT
Contract No. 23I023
Exhibit B: Work Permit Procedure