DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
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Authorization To Execute Three-Way Public Highway At-Grade Crossing Agreement With Union Pacific Railroad Company And Inver Grove Heights For Veterans Memorial Greenway Phase III In City Of Inver Grove Heights, County Project P00147
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RESOLUTION
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WHEREAS, the Veterans Memorial Greenway is a planned regional trail connection between Lebanon Hills Regional Park and the Mississippi River Greenway; and
WHEREAS, to ensure the safe crossing of greenway users, Dakota County will reconstruct and widen the 105th Street at-grade Union Pacific (UP) railroad crossing, obtain additional right of way from UP, and coordinate with UP to install new grade-crossing protection devices; and
WHEREAS, to facilitate this project, Dakota County has coordinated with UP and the City of Inver Grove Heights to secure the necessary at-grade crossing agreement and its execution, not to exceed a shared cost of $5,000; and
WHEREAS, the County will cover all costs related to work performed by UP with installing new at-grade crossing protection devices and highway traffic control signals, not to exceed $403,276, paid to UP Railroad’s Material and Force Account; and
WHEREAS, the City of Inver Grove Heights will cover the annual payments for the maintenance of the Signal System, not to exceed $28,660 per year; and
WHEREAS, the City of Inver Grove Heights and Dakota County will prorate the railroad’s annual surface maintenance payment for the pavement surface between track tie ends within the crossing area, not to exceed $2,114 per year; and
WHEREAS, the City of Inver Grove Heights and Dakota County will codify prorated payment amount and terms with the city-wide master maintenance agreement for all Greenway and associated trail segments within the City of Inver Grove Heights; and
WHEREAS, staff recommends executing agreement with UP and City of Inver Grove Heights for the at-grade crossings and installing warning devices as required by state design requirements to allow the County-owned greenway to cross over the rail.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Manager or delegate to execute the three-way agreement with Union Pacific and City of Inver Grove Heights for one improved at-grade crossing and installation of warning devices on 105th Street in the City of Inver Grove Heights, in the amount of the actual cost for such work in an amount not to exceed $403,276, with $5,000 for agreement execution, paying $28,660 annually after three years for the ongoing Signal System obligations and $2,114 for crossing-surface maintenance, subject to approval by the County Attorney’s Office as to form.
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BACKGROUND
Dakota County is proceeding with construction of the Veterans Memorial Greenway (P00147), a planned regional trail connection between Lebanon Hills Regional Park and the Mississippi River Greenway (Attachment: Project Location Map). The alignment of the Veterans Memorial Greenway Phase III is parallel to 105th Street in Inver Grove Height. There is a Union Pacific (UP) railroad crossing on 105th Street. Dakota County plans to reconstruct and widen the existing at-grade public road crossing on UP’s property. Because the current railroad right of way is too narrow for the planned improvements, UP will grant the County additional rights to use a specified portion of its property. As part of the project, the County has also requested UP’s cooperation in installing new grade-crossing protection devices and traffic control signals, all of which will be completed at the County’s expense.
To facilitate this project, Dakota County has coordinated with UP and the City of Inver Grove Heights to secure the necessary at-grade crossing agreement (Attachment: Public Highway At-Grade Crossing Agreement), which outlines the County's and City’s rights and obligations:
• Right to construct, maintain, and repair the roadway over the designated railroad crossing area once the agreement is executed and the $5,000 consideration is paid by the County and City.
• County payment of UP’s full costs for work described in Attachment: Public Highway At-Grade Crossing Agreement, totaling an estimated $403,276.
• City maintenance, at its sole cost, of the portion of the roadway defined in the agreement (Attachment Public Highway At-Grade Crossing Agreement).
• Beginning three years after the agreement’s effective date (or upon installation/in-service date of the new/improved signal system), City payment of $28,660 per year to UP for the ongoing Signal System obligations.
• Beginning three years after the agreement’s effective date, prorated City (roadway) and County (greenway) payment of $2,114 per year for crossing-surface maintenance.
• Right to receive additional property rights needed for widening and reconstructing 105th Street.
• Right to continue using the crossing indefinitely as long as the roadway remains on UP’s property.
• County coverage of all costs related to installing at-grade crossing protection devices and highway traffic control signals.
• Preparation and submittal of detailed plans and specifications for UP’s approval before construction.
• Acquisition of all permits and public authority approvals required for the project.
• Provision of advance notice and insurance of flagging protection when work occurs within 25 feet of tracks; payment of all associated flagging costs.
Execution of this agreement is necessary to proceed with Phase III design and maintain the current project timeline.
RECOMMENDATION
recommendation
Staff recommends execution of the agreement with UP and City of Inver Grove Heights to authorize utilizing UP’s property for the existing at-grade public road crossing over 105th Street for the construction of the Veterans Memorial Greenway crossings over UP’s railroad tracks.
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FINANCIAL AND STAFFING IMPACTS
The Parks Capital Improvement Program (CIP) includes a total project budget of $28,095,833. The breakdown of the funding sources in the Parks CIP is provided below. There is an available budget of $19,357,009 for the project which is sufficient budget for the proposed agreement.
Project 1000636 - P10047 Veterans Memorial Greenway
|
Funding Source |
Budget Amount |
Available Budget |
|
MN ACHF Grant |
$20,000 |
$0 |
|
Parks County Funds |
$681,583 |
$0 |
|
Environmental Legacy Fund |
$9,900,000 |
$6,681,395 |
|
Federal Aid Program |
$4,995,000 |
$4,995,000 |
|
Regional Rail Authority Funding |
$1,000,000 |
$1,000,000 |
|
Met Council State Bonding |
$10,000,000 |
$5,680,614 |
|
Transportation Advance Acct |
$412,743 |
$0 |
|
Transportation CIP |
$46,506 |
$0 |
|
Transportation Sales/Use Tax |
$40,000 |
$0 |
|
Congressional Directed Spending |
$1,000,000 |
$1,000,000 |
|
Grand Total |
$28,095,833 |
$19,357,009 |
PREVIOUS BOARD ACTION
None
ATTACHMENTS
Attachment: Project Location Map
Attachment: Public Highway At-Grade Crossing Agreement
CONTACT
Department Director: Niki Geisler
Author: Luisa Torres