REQUEST FOR COUNCIL ACTION AGENDA ITEM MnDOT Project Resolution No

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1 May 18,2015 DATE ORIGINATING DEPT Ken Ashfeld, P.E. Director of Public Works/ City Engineer M REQUEST FOR COUNCIL ACTION AGENDA ITEM MnDOT Project Resolution No M AGENDA ITEM CITY ADMINISTRATOR APPROVAL PREVIOUS ACTIONS: At their November 17,2014 meeting, Council adopted Resolution No approving the proposed final layout of the project (Layout No.5 SP ). At their November 17,2014 meeting, Council approved the granting of an easement and Zero Dollar Permit to Construct to the Minnesota Department of Transportation for stormwater treatment purposes over Parcel 231 of MnDOT Right-of-Way Plat Numbered RECOMMENDED COUNCIL ACTION: Motion to approve Offer to Sell and Memorandum of Conditions for the granting of an easement to MnDOT over Parcel 231 of Minnesota Department of Transportation Right-of- Way Plat No and authorizing the Mayor and City Administrator to execute. Motion to approve Drainage Easement and Temporary Easement to MnDOT over Parcel 231 of Minnesota Department of Transportation Right-of-Way Plat No and authorizing the Mayor and City Administrator to execute. Motion to adopt Resolution No, approving MnDOT Agreement No and authorizing the Mayor and City Administrator to execute the Agreement. COMMENTS: Council previously approved the final layout for the project providing for pavement preservation and a third general purpose lane. Council also approved granting an easement to MnDOT to construct a pond on City property that will provide water quality enhancements to Cedar Island Lake. The corridor has been considered a source of nutrient loading to Cedar Island Lake. An element of the project is to construct a pond to minimize water quality impacts. An excellent area to construct the pond is on City property located between and Cedar Island Lake just south of Teakwood Lane. As a condition of using City land, MnDOT is agreeable to constructing a pond large enough to not only treat water from the interstate but also from areas within the City. There will be environmental tradeoffs whereby there will be tree loss in exchange for water quality enhancements. The trees are of low value and infested with Buckthorn. The added water quality enhancements will go a long way in satisfying the City's Total Maximum Daily Limits (TMDL) nutrient reduction obligations under MPCA rules.

2 The property proposed to be used, in part, for ponding was acquired through tax forfeiture in 1986 for park purposes. The pond would result in realigning the existing park trail with the intended end result of a better experience for trail users. A public hearing was held on July 30, 2014 to take public comment and there was strong support for the pond. Subsequently, the Maple Grove Park Board took action on August 21,2014 to recommend Council approval of the easement. It is recommended that Council approve the easement acquisition documents as prepared by MnDOT. It is further recommended that Council adopt Resolution No approving the pond maintenance agreements.

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5 RESOLUTION NO RESOLUTION APPROVING MNIDOT AGREEMENT NO AND AUTHORIZING THE MA YOR AND CITY ADMINISTRATOR TO EXECUTE THE AGREEMENT WHEREAS, MnDOT Agreement No has been drafted which provides for the proper maintenance of the multi-use trail, wet pond and filtration basin within the corporate limits of the City of Maple Grove adjacent to TH 494 upon the terms and conditions set forth in the Agreement; and WHEREAS, the Maple Grove City Council concurs with the contents of said Agreement and approves of its execution by the Mayor and City Administrator. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maple Grove, Minnesota: 1. That the City of Maple Grove enter into MnDOT Agreement No with the State of Minnesota, Department of Transportation for the following purposes: To provide for the proper maintenance of the multi-use trail, wet pond and filtration basin within the corporate limits of the City of Maple Grove adjacent to TH 494 upon the terms and conditions set forth in the Agreement. 2. The Mayor and City Administrator are authorized to execute the Agreement. Adopted by the City Council on this 18th day of May, The motion for the adoption of the foregoing resolution was made by Councilmember seconded by Councilmember, and upon vote being duly taken thereon, the following voted in favor thereof: and the following voted against the same: and the following were absent: whereupon said resolution was declared duly passed and adopted.

6 Office of Land Management (2-98) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL OFFER TO SELL AND MEMORANDUM OF CONDITIONS Supervisor of Direct Purchase APPROVED By C.S.: 2785(494=393)910 Parcel: 231 County: Hennepin Owners and addresses: City of Maple Grove, Mayor, Maple Grove City Hall, PO Box 1180, Maple Grove, Minnesota, 55311; For a valuable consideration, on this day of,,, the undersigned owners hereby offer to sell and convey to the State of Minnesota, an easement in the real estate or an interest therein situated in Hennepin County, Minnesota, described in the copy of the instrument of conveyance hereto attached. The undersigned parties have this day executed an instrument for the conveyance of the aforesaid real estate or an interest therein to the State of Minnesota, and have conditionally delivered the same to the State of Minnesota, which instrument shall have no effect until and unless this offer to sell and convey is accepted in writing by the Office of Land Management of the Minnesota Department of Transportation within 90 days from the date of this offer. Such notice of acceptance shall be by certified mail directed to the address appearing after our Signatures hereto. If this offer is not so accepted within the time limited herein such conveyance shall be of no effect, and said instrument shall forthwith be returned to the undersigned owners. If this offer is accepted it is mutually agreed by and between the owners and the State as follows: (1) Possession of the real estate shall transfer to the State on the date of acceptance. The owners shall have the right to continue to occupy the property or to rent same to the present occupants or others until the date of transfer of possession. Any change in occupancy shall be subject to approval and concurrence by the State. On or before the date for transfer or possession the owners will vacate the real estate and the improvements (if any) located thereon, or cause same to be vacated, remove all personal effects therefrom and have all utilities (if any) shut off by the supplier of same. No buildings appurtenances or other non-personal items or fixtures will be removed from the premises by the owners or renters, including plumbing and heating fixtures, etc. The owners shall notify the Department of Transportation as soon as the improvements are vacated. The owners will maintain the improvements during their period of occupancy and will make all necessary repairs at their own expense. The State's prospective bidders for the purchase or demolition of the improvements on the property shall have the right of entry for inspection purposes during the last 10 days of possession by the owners. (2) Title to said easement interest shall pass to the State of Minnesota as of the date of said acceptance subject to conditions hereinafter stated.

7 (3) Buildings (if any) on said real estate shall be insured by the owners against loss by fire and windstorm in the amount of present coverage or if none in force then in an amount not less than the current market value during the entire period of the owners' occupancy of the buildings on the real estate, such policy or policies of insurance to be endorsed to show the State's interest. (4) If the State of Minnesota is acquiring all or a major portion of the property, mortgages (if any) on the property shall be satisfied in full by the State of Minnesota. The amount paid by the State of Minnesota to satisfy said mortgage(s) shall be deducted from the amount to be paid to the owners under the terms of this agreement. The amount paid by the State of Minnesota to satisfy the mortgage(s) shall include interest on the mortgage(s) to date that payment is made to the mortgage holder. (5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is encumbered by a mortgage, it shall be the responsibility of the owners to furnish a written consent of mortgagee. Any fee charged by the mortgage holder for the written consent of mortgage must be paid for by the owners. (6) The owners will pay all delinquent (if any) and all current real estate taxes, whether deferred or not, which are a lien against the property. Current taxes shall include those payable in the calendar year in which this document is dated. The owners will also pay in full any special assessments, whether deferred or not, which are a lien against the property. The owners will also be responsible for and will pay in full any pending special assessments. The owners' obligation to pay deferred and pendinqtaxes and assessments shall continue after the sale and shall not merge with the delivery and acceptance of the deed. (7) If encumbrances, mechanics liens or other items intervene before the date the instrument of conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to validity and amount and payment thereof authorized by the owners, said instrument of conveyance shall be returned to the owners. (8) Payment to the owners shall be made in the due course of the State's business after payment of taxes, assessments, mortgages and all other liens or encumbrances against said real estate. The owners will not be required to vacate the property until the owners have received payment. (9) No payments shall be made of any part of the consideration for said sale until marketable title is found to be in the owners and until said instrument of conveyance has been recorded. (10) The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed by them on this date, and a copy of this offer and memorandum. (11) It is understood that unless otherwise hereinafter stated the State acquires all appurtenances belonging to the premises including: Vacant Land

8 OWNERS CITY OF MAPLE GROVE By Its And Its (Address of Owner where acceptance is to be mailed.) Government Center Arbor Lakes Pkwy N P.O. Box 1180 Maple Grove, MN 55311

9 Date: DRAINAGE EASEMENT AND TEMPORARY EASEMENT C.S.2785(494=393)910 Parcel 231 County of Hennepin For valuable consideration, City of Maple Grove, a municipal corporation under the laws of the state of Minnesota, Grantors, (whether one or more), hereby convey and warrant to the State of Minnesota, Grantee, a drainage easement in perpetuity for the construction and maintenance of a drainage system, together with the unrestricted right to improve the same, free and clear of all encumbrances, and a temporary easement on the following described premises in Hennepin County, Minnesota: All of the following: An easement in perpetuity for drainage purposes on that part of Government Lot 3, Section 27, Township 119 North, Range 22 West, shown as Parcel 231 on Minnesota Department of Transportation Right of Way Plat Numbered as the same is on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No ; containing 1.85 acres, more or less; together with other rights as set forth below, forming and being part of said Parcel 231 : Access: All right of access as shown on said plat by the access control symbol. Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 231 by the temporary easement symbol, said easement shall cease on December 1, 2019, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. Grantors are the owners of the above described premises and have the lawful right and authority to convey and grant the easements herein granted. Page 1 of 2

10 Grantee shall have the right of ingress to and egress from the hereinbefore described property for the purpose of maintaining and repairing said drainage system. The said Grantors do hereby release the State of Minnesota from any claims for damages to the fair market value of the above-described area covered by the drainage easement and temporary easement and for their use, or any claims for damages to the fair market value of the remaining property of Grantors caused by the use of the drainage easement and temporary easement, including grading and removal of materials from said easement area for highway purposes. Notwithstanding the foregoing, Grantors do not release any claims Grantors may have as a result of the negligence of the Grantee, its agents or contractors, in conducting any of the above activities. CITY OF MAPLE GROVE By Its And Its STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of, by and, the and of City of Maple Grove, a municipal corporation under the laws of the state of Minnesota, on behalf of the municipal corporation. NOTARY PUBLIC My commission expires: This instrument was drafted by the State of Minnesota, Department of Transportation, Metro Right of Way, 1500 W. County Road B2 Roseville, MN Page 2 of 2

11 MINNESOTA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT PREPARED BY MnDOT METRO DISTRICT MAINTENANCE OPERATIONS AGREEMENT NO AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF MAPLE GROVE For the maintenance of a multi-use trail, wet pond and filtration basin located adjacent to Trunk Highway No. 494 near the Cedar Island Lake Wetland area within the corporate limits of the City of Maple Grove upon the terms and conditions set forth in this Agreement. The construction of these items is associated with State Project No (T.H. 494=393). THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Maple Grove, Minnesota, acting by and through its City Council, hereinafter referred to as the "City".

12 MnDOT Agreement No WHEREAS, the State will construct a multi-use trail, a wet pond, and a filtration basin adjacent to Trunk Highway No. 494 within the City limits, and in Cedar Island Lake Linear Park, at no cost to the City in accordance with State-prepared plans, specifications, and provisions designated as State Project No (T.H. 494=393); and WHEREAS, the City will provide a no-cost drainage easement to the State for the construction of the above referenced construction; and WHEREAS, the City agrees to operate and maintain the multi-use trail, and provide routine maintenance of the wet pond, and filtration basin upon construction completion at no cost to the State; and WHEREAS, State and City are authorized to enter into this agreement pursuant to Minnesota Statutes Sections , and ; and WHEREAS, the State and City have entered into this Agreement to set forth the maintenance responsibilities of the multi-use trail, wet pond and filtration basin. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS I. GENERAL PROVISIONS A. Once the State has accepted the completed multi-use trail shown in Exhibit A, which is attached and incorporated into this agreement, the City will perform or provide for the proper maintenance of the multi-use trail. Such maintenance will be performed without cost or expense to the State. Maintenance includes but is not limited to snow and ice removal, debris removal, patching, full depth repairs, crack repair, pavement markings (if any), signing (if any) and any other maintenance activities necessary to perpetuate the multi-use facilities in a safe, usable, and aesthetically pleasing condition. Any repairs or alterations which modify the ADA compliance,. such as slope, unobstructed width or multi-use ramps, must be approved by the State. B. Once the State has accepted the completed wet pond and filtration basin as shown in Exhibit A, which is attached and incorporated into this agreement, the City will perform or provide for the proper routine maintenance and operation of the wet pond and filtration basin and all facilities a part thereof without cost or expense to the State. C. Routine maintenance of the wet pond and filtration basin will include but is not limited to mowing (utilizing only a lightweight mower within the filtration basin area), trash removal, inspection and minor repair of drainage structures and pipes; maintenance of the turf and erosion control measures around the pond perimeter. Any such maintenance shall be to the satisfaction of the City of Maple Grove Public Works Director. A report should be sent annually to State's District Hydraulics Unit at Roseville documenting any work done to the pond or filtration basin. D. Pond and filtration basin sediment removal and any extraordinary maintenance that may be required including rebuilding the filtration basin will be shared between the State and the City. Extraordinary (or "major") maintenance of the wet pond and filtration basin, including sediment control and dredging, will be the responsibility of the State and the cost of this work will be proportioned at the same ratio as the contributing flow of water into these ponds (58% City, 42% State). The State will prepare plans for the dredging of these structures and will award a contract for this work through the typical bid award process. The City retains the right to review and approve plans prepared by MnDOT prior to incurring any cost responsibilities. Before project letting and installation the State will present to the City a bill for their portion of the work (58% of the total project cost). This bill will be promptly paid by the City. E. The City will hold the State harmless from any liability claims due to the City's maintenance and operation of the multi-use trail, wet pond and filtration basin or failure to maintain the multi-use Date: 12/8/2014

13 MnDOT Agreement No trail, wet pond and filtration basin as stated above. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law defenses, immunities, or limits on liability. F. If in the future the State needs to modify the pond and filtration basin area for trunk highway use, the State and City will enter into a new maintenance agreement. G. If in the future the City needs to modify the pond and filtration basin area for City use, the State and City will enter into a new maintenance agreement prior to any modifications being made. II. CONSIDERATION AND TERMS OF PAYMENT The City agrees to maintain and operate the multi-use trail, perform routine maintenance on the wet pond and filtration basin, without cost or expense to the State, in consideration of the State constructing the multi-use trail, wet pond and filtration basin. III. TERM OF AGREEMENT This Agreement will be in effect until superseded by another agreement between State and City or until such time that the multi-use trail, wet pond or filtration basin are removed. IV. AUTHORIZED REPRESENTATIVE A. State's Authorized Representative for the purposes of administering this Agreement is Beverly Farraher, Assistant District Engineer - Maintenance, Minnesota Department of Transportation Metro District, 1500 West County Road B2, Roseville, Minnesota 55113, (651) , or her successor. B. The City's Authorized Representative for the purposes of administering this Agreement is Ken Ashfeld, Director of Public WorkslCity Engineer, City of Maple Grove, Arbor Lakes Parkway, PO Box 1180, Maple Grove, MN or his successor. V. ASSIGNMENT A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. If the City contracts out the performance of maintenance work covered by this Agreement, the City will award such contracts in accordance with the terms of this Agreement and in compliance with applicable state laws. VI. MERGER/AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement must be in writing, and must be executed by the same parties who executed the original Agreement, or their successors in office. VII. L1ABI L1TY A. The employees and agents of the City will not be deemed to be employees of the State for any reason. B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its em ployees, and results thereof, to the extent authorized by law. The parties will not be responsible for the acts of the other party or any third parties or the results thereof. Date: 12/8/2014

14 MnDOT Agreement No C. The State's liability will be governed by the provisions of Minnesota Statutes Section and other applicable law. The City's liability will be governed by Minnesota Statutes Chapter 466 and other applicable law. This clause will not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. D. Each party to this Agreement will defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. VIII. WORKERS COMPENSATION Each party will be solely responsible for its own employees for any workers compensation claims. IX. CIVIL RIGHTS The City must comply with the provisions of Minnesota Statutes Section , and any applicable local ordinance relating to civil rights and discrimination. X. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, will be subject to examination by the MnDOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than six years. XI. DATA PRACTICES The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement. XII. AGREEMENT APPROVAL Before this Agreement will become binding and effective, it must be approved by a City of Maple Grove City Council resolution, and be executed by State and City officers as provided by law. [The remainder of this page has been intentionally left blank] Date: 12/8/2014

15 MnDOT Agreement No IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials: DEPARTMENT OF TRANSPORTATION Recommended for Approval: CITY OF MAPLE GROVE, MINNESOTA Recommended for Approval: By Assistant District Engineer - Metro District Maintenance By Date: Maple Grove, Mayor Date By Approved: By: District Engineer Date: Maple Grove, City Administrator Date: COMMISSIONER OF ADMINISTRATION By Date (With delegated authority) Date: 12/8/2014