Sponsor: Parks & Recreation
Title
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Sanitary Sewer Pipeline Right of Entry Agreement, Temporary Easement, Amendment to Permanent Easement with the Metropolitan Council for Access to Keller Lake Regional Park
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Recommendation
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1. Approve a Right of Entry Agreement with the Metropolitan Council for access to Keller Spoon Lake section of Keller Regional Park for the completion of a sanitary improvement project.
2. Authorize the Chair and Chief Clerk to execute the Right of Entry agreement.
3. Approve the Temporary Construction easement with Metropolitan Council for the proposed construction project.
4. Authorize the Chair and Chief Clerk to execute the temporary construction easement.
5. Approve the amendment of the permanent easement for the Metropolitan Council sewer infrastructure.
6. Authorize the County Manager to enter into agreements and amendments in accordance with the county's procurement policies and procedures, provided the amounts are consistent with compensation requirements within the Right of Entry Agreement with the Metropolitan Council.
7. Authorize the County Manager to accept compensation funds from the Metropolitan Council to be given to the Parks & Recreation department to complete work identified within the compensation section of the Right of Entry Agreement with Metropolitan Council.
8. Authorize the County Manager to establish a project number for restoration compensation funds.
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Background and Rationale
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The Metropolitan Council (Met Council) operates an existing underground sanitary sewer utility that currently runs through the Keller Spoon Lake section of Keller Regional Park. The Met Council has a need to undertake a public improvement project (MCES Project No. 808614), for rehabilitation of 8151 Siphon Rehabilitation Project within the park for the purposes of maintaining existing infrastructure and protecting public health and the environment. The anticipated project timeline is October 1, 2025, through December 31, 2026.
The Met Council has prepared project plans, specifications, and necessary agreements in coordination with Parks and the Ramsey County Attorney's Office. The project includes replacement and/or rehabilitation of manhole structures and interceptor sewers, vegetation removal, site and trail repairs, restoration and may also include the installation and operation of temporary conveyance systems (pumps and piping). Access to the Met Council manhole locations in the park will require utilization of an existing easement and temporary construction to gain access to the existing Met Council sanitary sewer easement area.
The Right of Entry Agreement enables the required rehabilitation work to be completed on county property, provides access locations and establishes construction requirements for the sanitary sewer project. Construction staging for equipment and materials will not be allowed within the park unless authorized by county staff. Met Council will notify Parks & Recreation 72 hours prior to the start of construction. Met Council will be responsible for all restoration costs of impacted areas including hard surface bituminous and concrete pavement areas, turf, natural areas, and park related site amenities within the project area.
The Temporary Construction Easement area, for purposes of constructing the project, may include staging construction materials and equipment, banking soil or project debris, construction project staff parking, installation of utilities, or other specific purposes.
The Amendment to Easement Agreement is required to establish appropriate area for the for the existing infrastructure which was found to be misaligned to the existing permeant easement.
A compensation agreement has been developed as part of the Right of Access agreement and is included within the agreement as an Exhibit B Compensation. The total amount of compensation is estimated at $45,941. To complete agreed upon restoration activities, Parks & Recreation is requesting a project number be established to hold the funds so county staff and its contractors, can utilize them to complete tree planting restoration, landscape planting and maintenance, and post project restoration. Met Council will compensate the county based on final project unit prices and final quantities after work is completed in the spring of 2027. The Met Council has also prepared documentation for the temporary construction easement and an amendment to the permanent easement including legal description, appraisal, and compensation offer for the acceptance by the county. The easement compensation offer is $1,000 and is not part of the restoration compensation identified for the site.
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County Goals (Check those advanced by Action)
☐ Well-being ☐ Prosperity ☒ Opportunity ☒ Accountability
Racial Equity Impact
This is a Met Council project that requires access to county property; however, this project will have a regional impact. By providing improved service delivery for businesses and residents that connect to this sanitary sewer utility, the project supports investments in the infrastructure of regional park systems that benefit all residents. This investment in a neighborhood where demographics are shifting to become more racially diverse will support the long-term wellbeing of communities of color and contribute to greater racial equity goals.
Community Participation Level and Impact
There was no county related community participation related to the Right of Entry Agreement. This is a Met Council led project regarding sanitary sewer utility improvements. Prior to the start of the project, the Met Council will add this project to their sanitary sewer construction project list to notify residents of the community of project activities at: <https://metrocouncil.org/wastewater-water/projects/sewer-planning-construction.aspx>
☒ Inform ☐ Consult ☐ Involve ☐ Collaborate ☐ Empower
Fiscal Impact
The Met Council is responsible for all project costs within Exhibit B Compensation section of the agreement. A compensation section has been developed and is included within the agreement as an exhibit. The Met Council will compensate the county based on final project unit prices and final quantities after work is completed in the spring of 2027. The total amount of work is estimated at $45,941, tree replacement, landscape planting and maintenance, and post construction. after work is completed in the summer of 2026. Parks is requesting a project funding code in this request.
The Met Council has also prepared documentation for the temporary construction easement and an amendment to the permanent easement including legal description, appraisal, and compensation offer for the acceptance by the County. The easement compensation offer is $1,000 and is not part of the restoration compensation identified for the tree mitigation and site restoration.
Last Previous Action
None
Attachments
1. Right of Entry Agreement
2. Temporary Construction Easement
3. Permanent Easement
4. Offer Letter
5. Appraisal