HomeMy WebLinkAboutVIII-12 Limited Use Permit with MnDOT for Trail Maintenance and Operation
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: June 5, 2023
Item: MnDOT Limited Use Permit
Council Action Requested: Adopt Resolution approving an updated Limited Use
Permit for the Vermillion River Greenway Trail under Hwy 61 Vermillion River
bridge.
Background Information: The City has an existing Limited User Permit (LUP) for
the trail segment passing under the Hwy 61 Vermillion River bridge since 2004,
however MnDOT and federal requirements for LUP’s have changed. The updated
LUP is, at its core, a language update to ensure compliance with current laws and
requirements.
Financial Impact: None
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
▪Termination Letter
▪Resolution
▪Updated Limited Use Permit
VIII-12
LUP Termination Letter Page 1 of 1 LU1018 5/19/2023
Metro District Right of Way Office Tel: 651-234-7500
1500 W. County Road B2
Roseville, MN 55113
Fax: 651-234-7708
May 19, 2023
Mayor Mary Fasbender
City of Hastings
Hastings City Hall
101 E 4th Str
Hastings, MN 55033
Subject: C.S. 1913 (T.H. 61)
LUP # 1913-013
Limited Use Permit for Non-Motorized Trail
Termination Notice
Dear Mayor Fasbender:
This letter serves as MnDOT’s formal notice to terminate the Limited Use Permit
referred to as #1913-013 by and between the State of Minnesota, Department of
Transportation (MnDOT) and the City of Hastings.
Since it’s issuance in 2004, Federal and State policy regarding Limited Use Permits has
changed. To bring the City into compliance with current Federal and State regulations
and policies, MNDOT will issue LUP # 1913-0119, included with this letter.
Effective on issuance of Limited Use Permit # 1913-0119, MnDOT terminates Limited
Use Permit and such permit is null and void effective on such date.
If you have any questions or concerns, please contact me at: 651-234-7586 or e-mail
Lisa.Dircks@state.mn.us.
Sincerely,
Lisa Dircks
Limited Use Permit Coordinator
VIII-12
Exhibit B City Resolution Page 1 of 2 LU1016 5/23/2023
CITY OF HASTINGS
Dakota Count, Minnesota
Resolution No. 06- -23
RESOLUTION TO ENTER INTO AND EXECUTE A LIMTED USE PERMIT WITH
THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF
MAINTAINING AND OPERATING A NONMOTORIZED TRAIL WITHIN THE
RIGHT-OF-WAY CROSSING BENEATH THE TH 61 VERMILLION RIVER BRIDGE
WHEREAS, the City of Hastings requests to work cooperatively with MnDOT to maintain and
operate a nonmotorized trail within the right of way of Trunk Highway 61 crossing beneath the
Vermillion River bridge; and,
WHEREAS, said trail is a 12ft. wide concrete trail with a safety rail through the MnDOT right
of way beneath the Trunk Highway 61 Vermillion River bridge; and
WHEREAS, the Minnesota Department of Transportation requires Limited Use Permits for
trails within their rights-of-way:
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS; that the Mayor and the City Clerk are authorized to execute the
Limited Use Permit and its amendments, and that the City of Hastings enter into Limited Use
Permit No. 1913-0119 with the State of Minnesota, Department of Transportation for the following
purposes:
To provide for maintenance and use by the City of Hastings upon, along and adjacent to Trunk
Highway No. 61 and the limits of which are defined in said Limited Use Permit.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 5TH DAY OF
JUNE, 2023.
________________________________
Mary D. Fasbender, Mayor
____________________________
Kelly Murtaugh, City Clerk
Attest:
VIII-12
Exhibit B City Resolution Page 2 of 2 LU1016 5/23/2023
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the City
Council of the City of Hastings, Minnesota at an authorized meeting held on the 5th day of June,
2023, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
________ day of _________________, 2023
Notary Public ________________________
My Commission Expires _______________
C.S. 1913 (T.H. 61)
LUP # 1913-0119
VIII-12
LUP – Standardized LUP Form Page 1 of 6 LU1001 5/22/2023
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
C.S. 1913 (T.H. 61)
County of Dakota
LUP # 1913-0119
Permittee: City of Hastings
Expiration Date: 05/19/2033
Coop./Const. Agmt #N/A
In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its
Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City
of Hastings, (“Permittee”), to use the area within the right of way of Trunk Highway No. 61 as shown
in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited
Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached
hereto as Exhibit B.
Non-Motorized Trail
The Permittee's use of the Area is limited to only the constructing, maintaining and operating a
nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also
published as the Federal-Aid Policy Guide.
The permittee agrees that this permit totally replaces and supersedes the previously issued Limited
Use permit affecting the Area, specifically: Permit, #1913-013, was issued on January 29, 2004 on
CS 1913 (TH 61). Upon issuance of this permit the earlier issued permits is cancelled.
In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. TERM. This LUP terminates at 11:59PM on 05/19/2033 (“Expiration Date”) subject to the
right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90)
days written notice of such cancellation. This LUP will not be renewed except as provided
below.
VIII-12
LUP – Standardized LUP Form Page 2 of 6 LU1001 5/22/2023
Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up
to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to
the Expiration Date, a written request to extend the term. Any extension of the LUP term will be
under the same terms and conditions in this LUP, provided:
(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and
Area are compatible with the safe and efficient operation of the highway and the Facility
and Area are in good condition and repair. If, in MnDOT’s sole determination,
modifications and repairs to the Facility and Area are needed, Permittee will perform such
work as outlined in writing in an amendment of this LUP; and
(b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable
governmental body authorizing the Permittee’s use of the Facility and Area for the
additional term.
If Permittee’s written request to extend the term is not timely given, the LUP will expire on the
Expiration Date.
Permittee hereby voluntarily releases and waives any and all claims and causes of action for
damages, costs, expenses, losses, fees and compensation arising from or related to any
cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or
assert any claims for damages, costs, expenses, losses, fees and compensation based upon
the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute
any legal action against MnDOT based upon any of the claims released in this paragraph.
2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and
expense Permittee will:
(a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District
Engineer; and
(b) Surrender possession of the Area to MnDOT.
If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration
Date or earlier termination, Permittee will remain subject to all conditions, provisions, and
obligations of this LUP, and further, Permittee will pay all costs and expenses, including
attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from
the Area.
3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no
cost or expense to MnDOT.
Before construction of any kind, the plans for such construction shall be approved in writing by
the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be
required for any changes from the approved plan.
VIII-12
LUP – Standardized LUP Form Page 3 of 6 LU1001 5/22/2023
The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in
accordance with MnDOT-approved plans and specifications. Further, Permittee will construct
the Facility using construction procedures compatible with the safe and efficient operation of the
highway.
Upon completion of the construction of the Facility, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at
no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State
One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation.
Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of
the highway and shall provide and ensure reasonable and adequate stopping sight distance.
4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at
its sole cost and expense, including, but not limited to, plowing and removal of snow and
installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other
governmental agency sign post within the Area. MnDOT will not mark obstacles for users on
trunk highway right of way.
5. USE. Other than as identified and approved by MnDOT, no permanent structures or no
advertising devices in any manner, form or size shall be allowed on the Area. No commercial
activities shall be allowed to operate upon the Area.
Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the
property for highway and transportation purposes. This LUP does not grant any interest
whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or
waterfowl refuge. No rights to relocation benefits are established by this LUP.
This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited
to public utilities which may occupy the Area.
6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation
imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations
relating thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the
Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued
by any federal, state or local political subdivision having jurisdiction and authority in connection
with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities
are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and
VIII-12
LUP – Standardized LUP Form Page 4 of 6 LU1001 5/22/2023
perform such obligation without liability to Permittee for any loss or damage to Permittee thereby
incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for
overhead and supervision within 30 days of receipt of MnDOT’s invoice.
7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that in the event improvements are
constructed, maintained, or otherwise operated on the Property described in this Limited Use
Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the Permittee will maintain and
operate such improvements and services in compliance with all requirements imposed by the
Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United
States Department of Transportation, Federal Highway Administration, (as may be amended)
such that no person on the grounds of race, color, national origin, sex, age, disability, income-
level, or limited English proficiency will be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said improvements.
8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking
of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is
granted, so as to maintain the safety of both the motoring public and Facility users.
9. ASSIGNMENT. No assignment of this LUP is allowed.
10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties,
or agreements have been made by MnDOT or Permittee to one another with respect to this
LUP.
11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any
governmental or regulatory agency onto the ground, or into any body of water, or into any
container on the State’s right of way. In the event of spillage of regulated materials, the
Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the
spilled material and of materials contaminated by the spillage in accordance with all applicable
federal, state and local laws and regulations, at the sole expense of the Permittee.
12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen,
and all other persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed
or maintained by it or by any subcontractor, materialmen or other person or persons acting for,
through or under it or any of them against the work and/or against said lands, for or on account
of any work done or materials furnished by it or any of them under any agreement or any
amendment or supplement thereto.
VIII-12
LUP – Standardized LUP Form Page 5 of 6 LU1001 5/22/2023
13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have
been fully given when served personally on MnDOT or Permittee or when made in writing
addressed as follows: to Permittee at:
Mayor
City of Hastings
101 4th Street
Hastings, MN 55033
and to MnDOT at:
State of Minnesota
Department of Transportation
Metro District Right of Way
1500 W. County Road B2
Roseville, MN 55113
The address to which notices are mailed may be changed by written notice given by either
party to the other.
14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota
Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner
of Transportation and employees and any successors and assigns of the foregoing, from and
against:
(a) all claims, demands, and causes of action for injury to or death of persons or loss of or
damages to property (including Permittee's property) occurring on the Facility or connected with
Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is
caused solely by the negligence of State of Minnesota, but including those instances where the
State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or
control the operations of Permittee or otherwise discover or prevent actions or operations of
Permittee giving rise to liability to any person;
(b) claims arising or resulting from the temporary or permanent termination of Facility user
rights on any portion of highway right of way over which this LUP is granted;
(c) claims resulting from temporary or permanent changes in drainage patterns resulting in
flood damages;
(d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind
whatsoever filed or maintained for or on account of any work done or materials furnished; and
(e) any damages, testing costs and clean-up costs arising from spillage of regulated
materials attributable to the construction, maintenance or operation of the Facility.
VIII-12
LUP – Standardized LUP Form Page 6 of 6 LU1001 5/22/2023
MINNESOTA DEPARTMENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
CITY OF HASTINGS
By_________________________________
Its Mayor
And________________________________
Its City Clerk
By:______________________________
District Engineer
Date_____________________________
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By:______________________________
Director, Office of Land Management
Date____________________________
The Commissioner of Transportation
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
VIII-12
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Save: 5/10/2023 7:50 AM adegenhardt Plot: 5/11/2023 11:08 AM X:\AE\D\DAKOT\167782\5-final-dsgn\51-drawings\10-Civil\cad\dwg\sheet\VRG_DA167782PP_LP TO FP-2.dwgSS30NMBWB
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