CR 09-077 LRT Regional Trail Winter Activities Permit•
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September 14, 2009
Proposed Action
Staff recommends adoption of the following motion: "Move to adopt Resolution
2009 -047 approving winter activities of hiking, biking and pet walking on the four
regional trails in Hopkins."
Overview
Three Rivers Park District allows certain winter activities on the regional trails,
contingent upon approval from the Park District's Board of Commissioners. This
approval requires a verification of formal City Council Action approving the
proposed activities. If no formal action is taken the trails will be signed as closed,
by order of the local City Council. This procedure is the same as that used for the
last twelve winter seasons.
III Primary Issues to Consider
• Certificate of Insurance
• Is this process the same as the process used in other years?
♦ What happens if the city does not approve a permit?
• Does this action impact additional funding or staff work loads?
Supporting Documents
♦ Proposed Resolut • n 2009 -047
Steve Stadler, Public Wo ks Director
CITY OF
HOPKINS
LRT REGIONAL TRAIL WINTER ACTIVITIES PERMIT
• 2009 -2010 Regional Trail Winter Use Permit
Council Report 2009 -077
Financial Impact: $ 0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
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Primary Issues to Consider
0 Certificate of Insurance
A certificate of insurance naming Three Rivers Park District as an additional
insured is required. This was completed last year as well and is taken care of by
the Finance Director.
0 Is this process the same as the process used in other years?
This process is the same as that completed for the last twelve seasons. We
experienced many favorable comments on having the trails plowed and
maintained for winter hiking and biking. There were no problems with vandalism.
The maintenance tasks required snow plowing and occasional sanding because of
ice build -up.
0 What happens if the city does not approve a permit?
If the City Council does not approve a winter permit, Three Rivers Park District will
close the trails at the city limits and post "Trail Closed" signs as per direction of
Hopkins City Council.
0 Does this action impact additional funding or staff work loads?
City crews have been plowing and maintaining these trails for the last several
winters. The impact on staff is minimal to plow and sand. Use patterns are fairly
high, which should justify continued winter maintenance.
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THREE RIVERS PARK DISTRICT
REGIONAL TRAIL SYSTEM
2009 -2010 WINTER USE PERMIT
Name of City City Hall Phone
Contact Person Phone
Contact Person Email Address
Maintenance Contact Person Phone
Maintenance Contact Person Email Address
Regional Trail From to
Authorized 2009 -2010 Winter Activities
Regional Trail From to
Authorized 2009 -2010 Winter Activities
Regional Trail From to
Authorized 2009 -2010 Winter Activities
Regional Trail From to
Authorized 2009 -2010 Winter Activities
Regional Trail From to
Authorized 2009 -2010 Winter Activities
Regional Trail From to
Authorized 2009 -2010 Winter Activities
Authorization is hereby requested from the Park District Board of Commissioners to use
portions of the Regional Trail Corridor for winter use activities between November 15, 2009
and March 31, 2010, as determined by each municipality within guidelines set forth herein on
District property located within individual City boundaries.
It is understood and agreed that approval from the Park District Board of Commissioners is
contingent upon the following conditions:
1. The City agrees to defend, indemnify, and hold harmless the Park District, its
officials, officers, agents, volunteers, and employees from any liability, claims,
causes of action, judgments, damages, losses, costs or expenses, including
reasonable attorney's fees, resulting directly or indirectly from any act or omission of
the City, its respective contractors, anyone directly or indirectly employed by the,
and /or anyone for whose acts and /or omissions they may be liable for related to the
winter use of the Regional Trail Corridor. Nothing in this Agreement constitutes a
waiver by the City of any statutory or common law defenses, immunities, or limits on
liability. The City cannot be required to pay on behalf of itself and Three Rivers -- Park
District, any amounts in excess of the limits on liability established in Minnesota
Statutes Chapter 466. If City maintains general liability insurance at the time this
permit is issued, City shall provide the Park District with a Certificate of Insurance,
naming Three Rivers Park District as an additional named insured.
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2. The City agrees to maintain the trail, including, but not limited to, any plowing,
sweeping, sanding, packing, trash pick -up, and sign replacement, between November
15, 2009 -March 31, 2010. For ice control on aggregate trails, Cities agree to use buff
colored, 3/8" dear limestone chips from Edward Kramer and Sons, Burnsville, MN.
Edward Kramer and Sons is the only aggregate pit that supplies the buff colored
limestone that has been specified for use on these trails. Paved trails can be treated
with a salt /sand mixture or other approved chemical treatments. The City further
agrees to immediately address all safety issues on or adjacent to trails.
3. The City will provide signage at locations approved by the Park District, notifying the
public of authorized winter activities within its city limits; activities may include, but
are not limited to, hiking, biking, cross - country skiing, snowshoeing, or pet walking.
Winter use signs must be installed by the City at designated locations prior to
November 15, 2009 and removed by the City no later than April 15, 2010. These
signs are totally the responsibility of each municipality.
4. Snowmobiling is not allowed on Park District regional trails. Permitted use for
snowmobiles will be limited to direct crossings only. The Hennepin County Regional
Railroad Authority (HCRRA) does not allow snowmobiling or other motorized use within
its corridors. The Lake Minnetonka LRT Regional Trail, Minnesota River Bluffs LRT
Regional Trail, and the Dakota Rail Regional Trail are located on HCRRA corridor
property and permission for a snowmobiling crossing of either corridor must be
obtained from the HCRRA prior to requesting permission from the Park District for a
snowmobile crossing of the regional trail within the corridor. If a snowmobile crossing
is permitted, cities must take steps to keep snowmobiles from damaging paved trails,
bridges and other property.
5. The City agrees to enforce rules and regulations established by the municipality as
part of its request for a Winter Use Permit.
6. The City agrees to repair all trail surface damage that occurs as a result of winter trail
activities and /or maintenance, including, but not limited to, bituminous /concrete
repair, bridge deck repair, grading or adding aggregate pursuant to guidelines
established by the Park District.
7. The City agrees that winter trail use will be available to all persons, regardless of
residence.
Each City is required to submit its annual permit requests, including proposed rules and
regulations, by September 18, 2009, after which the Park District may take up to 45 business
days to process. Each permit request must be submitted as a result of formal City Council
action, with accompanying verification, agreeing to the terms and conditions outlined by the
Park District's Winter Use Permit. It should be further understood that no winter activity will
be allowed on segments of the Regional Trail Corridor where municipalities do not request and
receive permits.
The Park District reserves the right to terminate a permit at any time, if the conditions set
forth herein are not followed.
Signed: Date:
Title:
(Authorized Representative of the City)
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BY
ATTEST:
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2009 -047
RESOLUTION APPROVING REGIONAL TRAIL WINTER USE
WHEREAS, it is understood and agreed that year round activities such as hiking and
biking are beneficial to the health and well -being of all person, and
WHEREAS, The City agrees that winter trail use will be available to all person, regardless
of whether or not they are City residents, and
WHEREAS, The City encourages such health related winter activities by maintaining three
regional trails between November 15 - March 31, and
WHEREAS, maintenance includes plowing, sweeping, sanding, trash pick -up and sign
• replacement and immediately addressing all safety issues,
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Hopkins,
Minnesota, hereby requests from Three Rivers Park District the authorization to allow
winter use activities such as hiking, biking, and pet walking on the three regional LRT trail
corridors located in the City.
Adopted by the City Council of the City of Hopkins, Minnesota this 15th day of
September, 2009.
Eugene J. Maxwell, Mayor
Terry Obermaier, City Clerk