DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute Agreements With Canadian Pacific Kansas City Railway Company Related To Construction Of Veterans Memorial Greenway Pedestrian Bridge In Inver Grove Heights And Eagan, County Project P00147
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PURPOSE/ACTION REQUESTED
Authorize execution of construction and maintenance and right of entry agreements with Canadian Pacific Kansas City (CPKC) Railway Company for the construction of a new bicycle and pedestrian bridge over CPKC right of way and Robert Street (Trunk Highway 3) for the Veterans Memorial Greenway (P00147), located between Diffley Road and Cliff Road near Tofte Lane in the cities of Inver Grove Heights and Eagan.
SUMMARY
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. A central feature of this project is a new pedestrian and bicycle bridge crossing over the CPKC Railway and Robert Street (Trunk Highway 3), located between Diffley Road and Cliff Road near Tofte Lane. This bridge is essential to providing a continuous and safe greenway alignment.
To facilitate this project, Dakota County has coordinated with CPKC to secure the necessary legal agreements, which outline the County's rights and obligations:
Construction and Maintenance Agreement
• This agreement authorizes Dakota County to construct, maintain, and operate the pedestrian bridge and associated infrastructure within CPKC's right of way.
• Dakota County is responsible for all design, construction, and maintenance costs associated with the bridge, as well as any modifications or repairs required to meet safety or operational standards.
• CPKC retains the right to inspect the project site during construction to ensure compliance with railroad safety standards.
• The County is required to follow CPKC’s specified protocols for construction, including flagging services and track protection measures during work periods.
• Ongoing maintenance responsibilities for the bridge and any associated infrastructure rest with Dakota County, including inspections and any necessary repairs.
Right of Entry Agreement
• This agreement grants Dakota County temporary access to CPKC property for construction activities.
• It establishes a $1,500 execution fee and outlines requirements for railroad protective services, such as flagging, which are estimated not to exceed $75,000.
• The agreement specifies strict safety protocols, including compliance with CPKC's “Minimum Safety Requirements for Contractors Working on CPKC Property,” which mandates protective equipment, flagging operations, and e-railsafe certification for all personnel entering the site.
• CPKC retains the right to monitor construction activities and require adjustments to work practices if they conflict with rail operations or safety requirements.
Execution of these agreements is necessary to proceed with bid advertisement and maintain the current construction timeline.
RECOMMENDATION
recommendation
Staff recommends execution of agreements with Canadian Pacific Kansas City to authorize construction of the greenway bridge and temporary construction crossings over CPKC track.
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EXPLANATION OF FISCAL/FTE IMPACTS
The Right of Entry Agreement includes a $1,500 execution fee. Additional costs related to flagging, inspection, or protective services required by CPKC will be billed directly to the County and are anticipated to total less than $75,000. Successful completion of this project relies upon a $5,995,000 Federal Congressionally Directed Spending allocation and $10,000,000 in State appropriated funds. Sufficient funding is available for the agreements and associated fees in this request.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, the Veterans Memorial Greenway will provide a 5-mile-long regional trail connection between Lebanon Hills Regional Park and the Mississippi River Greenway in the cities of Inver Grove Heights and Eagan, featuring interpretive elements that honor U.S. military veterans; and
WHEREAS, the project includes a bicycle and pedestrian bridge crossing over Canadian Pacific Kansas City (CPKC) Railway and Robert Street (Trunk Highway 3), located between Diffley Road and Cliff Road near Tofte Lane in Inver Grove Heights and Eagan; and
WHEREAS, CPKC requires execution of a Construction and Maintenance Agreement and a Right of Entry Agreement to allow Dakota County to construct, access, and maintain facilities on CPKC right of way; and
WHEREAS, the total fee for the Right of Entry Agreement is $1,500, with additional reimbursable costs for railroad protective services estimated at less than $75,000; and
WHEREAS, sufficient funds are included in the 2025 Parks Capital Improvement Program for Project P00147.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute the Construction and Maintenance Agreement and Right of Entry Agreement with Canadian Pacific Kansas City Railway Company for the construction of the Veterans Memorial Greenway pedestrian bridge over CPKC right of way and Robert Street (TH 3).
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Project Location Map
BOARD GOALS
☐ Thriving People ☒ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Niki Geisler
Author: Bryce LeBrun