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CR 11-083 LRT Regional Trail Winter Activities PermitG1Ty op INk • August 31, 2011 NOPKINS Council Report 2011-083 LRT REGIONAL TRAIL WINTER ACTIVITIES PERMIT Proposed Action Staff recommends adoption of the following motion: "Move to adopt Resolution 2011-046 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. • PrimarV Issues to Consider C] ♦ Certificate of Insurance o Is this process the same as the process used in other years? ♦ What happens if the city does not approve a permit? e Does this action impact additional funding or staff work loads? Supporting Documents ® 2011-2012 Regional Trail Winter Use Permit ♦ Proposed Resolution 2011-046 Steve Stadler, Public WorksNDirector Financial Impact: $ 0 Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: • 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. The use of the regional trails is an activity that is getting increasingly popular and we've 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/salting 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, sand and service the refuse containers. Use patterns are high, which should justify continued winter maintenance. n LJ • • THREE RIVERS PARK DISTRICT REGIONAL TRAIL SYSTEM 2011-2012 WINTER USE PERMIT Name of City Contact Person Contact Person Email A dress City Nall Phone l Z J�9,f 7� Phone q S Z S� C,,� Z Maintenance Contact Person 56..v-.\ P Phone Maintenance Contact Person Email Add r 1 � Regional Trail From ✓' /� t �`-V o^JQ Authorized 2011-2012 Winter A` tivities Regional Trail From Authorized 2011-2012 Winter Activities Regional Trail From Authorized 2011-2012 Winter Activities Regional Trail From Authorized 2011-2012 Winter Activities Regional Trail From Authorized 2011-2012 Winter Activities Regional Trail From Authorized 2011-2012 Winter Activities to to to to to 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, 2011 and March 31, 2012, as determined by each municipality within guidelines set forth herein on District Regional Trails 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 City, 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. 2. The City agrees to schedule regular trash pick-up that is appropriate to the level of use expected . on the permitted section(s) of trail so as not to create conditions where trash containers are overflowing or offensively odorous. 3. The City also agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, and sign replacement, between November 15, 2011 - March 31, 2012. For ice control on aggregate trails, Cities agree to use buff colored, 3/8" clear 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 Corrosion Inhibited/Treated Rock Salt: (Specifications: A mixture of Regular Road Salt, Type I, Grade I, ASTM -D-632 - Modified per Mn/DOT Specification, blended with a Mn/DOT approved magnesium chloride -based product for anti -icing or deicing use or an approved blend of Regular Road Salt and a magnesium chloride - based product. The magnesium chloride -based product will also contain an agricultural processing residue or an alternative Mn/DOT approved agent that will depress the effective working temperature and decrease corrosiveness of the overall compound as well as prevent leaching of the treating solution) or other chemical treatments approved by the Park District. The City further agrees to immediately address all safety issues on or adjacent to trails. 4. 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 walking. Winter use signsmust be installed by the City at designated locations prior to November 15, 2011 and removed by the City no later than April 15, 2012. These signs are totally the responsibility of each municipality. 5. 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, Cedar Lake LRT Regional Trail, and the Dakota Rail Regional Trail are located on HCRRA corridor property and permission for a snowmobile crossing of an HCRRA 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. 6. The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. 7. 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. The City shall contact the Park District prior to the start of any surface repairs, for review of proposed repair plans and authorization to proceed. 8. 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 16, 2011, 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. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. • Signed: Title: Date: CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2011-046 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, 2011 - March 31, 2012 and WHEREAS, maintenance includes plowing, sweeping, sanding, trash pick-up and sign 40 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 6T" day of September, 2011. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk 0