3.4. SR 07-21-2008REQUEST FOR ACTION
To Item Number
Ci Council 3.4.
Agenda Section Meeting Date Prepared by
Consent ul 21, 2008 Chris Leeseber ,Park Planner
Item Description Reviewed by
Windsor Park Third Home Owners Association Trail Bill Maertz, Parks & Recreation
Maintenance Agreement Director
Reviewed by
Lori ohnson, Ci Administrator
Action Requested
Staff and the Parks and Recreation Commission recommend the City Council approve the city taking
over the maintenance of the trail along County Road 33 in the Windsor Park 3`d subdivision with the
following conditions:
1. The maintenance agreement shall reflect the changes (Exhibit "A") as indicated by staff.
Background/Discussion
The Windsor Park Third Home Owners Association would like to transfer the walking trail over to the
city for maintenance. During the platting of Windsor Park 31d the trail was constructed by the developer
for the residents of Windsor Park 3`d' It is in the ownership of the Home Owners Association and is for
public use. The Home Owners Association does not have the funding to maintain the trail in the spring
through the fall months and they do not plow it in the winter.
Without proper maintenance, the trail will begin to have poor quality and will become useless to the
public. The benefit of the City taking control of the trail is, it will be placed into a routine maintenance
scheduled assuring the long term viability of the trial in the city trail system.
The trial will eventually connect County Road 32 and County Road 1 and be part of a larger city wide trail
system. Within Windsor Park 3=d there is already a small portion of trial which connects the third addition
with the first addition providing additional pedestrian circulation around the area.
The trail was inspected by the parks foreman, he believes the trail is in good condition and meets the city
standards of construction. Under city maintenance, the trail would be placed in the schedule of
maintenance and would be plowed for year round use by the public.
Attachments
Location Map
Maintenance Agreement
Exhibit "A"
Case File: Windsor Park 3rd Trail
Page 2
Action Motion by Second by Vote
Follow Up
S:\Paxks\Case Files\2008\Windsor Park 3rd Trail Maint Agreement\Windsor Park Trail_CC.doc
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Location Map N
City of
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"" Case Number: WINDSOR PARK THIRD TRAIL
River
Windsor Park Third Homeowners Association
P.O. Box 58 -.Elk River, Minnesota 55330
Maintenance Agreement
This Maintenance Agreement is for the walking trail along Cty Rd 33, West of Cty Rd 1,
located on Outlot D of the Windsor Park Third Addition development. The. Windsor
Park Third Addition Homeowners Association (WPTHOA) desires to allow the City of
Elk River to maintain the trail per the terms listed below, so the City can utilize the. trail
fully as part ofthe City's Trail System. :
The WPTHOA desires the following Maintenance of the trail to be performed by the City
of Elk River:
1
1. Snowplowing of trail
2. Sweeping of trail of debris
3. Cutting back of grasses along trail
4. Removal of dead trees along trail (ie those that pose a falling hazard)
5. Minor repairs to trail as required (ie patching of holes, washouts)
6. Proper signage on the trai l designating it as a walking trail maintained by the City
of Elk River, and prohibiting motorized vehicles.
The WPTHOA allows an easement nlong the trail, not to exceed 15 feet along either side
of the trail, for the purpose of maintenance and/or repair and/or improvement of the trail.
The WPTHOA shall also offer the City of Elk River a conservation easement, ensuring
that Outlot D will remain a green space, and will not be eligible for further development.
This Agreement is respectfully submitted by the Board of Directors of the WPTHOA on
behalf of the Association.
Regards,
Jason Caswell; Board President
Windsor Park Third Addition Homeowners Association Board of Directors
Cindy Nissen, Treasurer
763.441.0273
Dan Wevm~ann
763.458.6643
.lay Caswell, President Matt Remhoff, Vice President
763.274.1643 763.241.0233
Micah Hager, Secretary
763.444.9083
EXHIBIT "A"
Maintenance Agreement
This Maintenance Agreement shall be for the paved trial on the south side of County Road
33 between Joplin Street and Queen Street, which is contained within Outlot D of the
Windsor Park Third Addition.
The Windsor Park Third Addition Homeowners Association (WPTHOA) grants a trail
easement, fifteen (15) feet along either side of the paved edge of the trail and including the
trail, to the City of Elk River (the City), for the purposes of public access, maintenance,
repair and/or improvement of the trail.
The WPTHOA allows the following maintenance, as scheduled and prioritized with other
city trails within the city trail system, to be preformed by the City:
1. Snowplowing
2. Sweeping
3. Grass mowing -three (3) feet from the trail pavement edge
4. Removal of dead trees within the trail easement that pose a falling hazard onto the
trail
5. General repairs (i.e. patching, crack filling, washouts)
As a result of the maintenance, the public can fully utilize the trail as part of the City's public
trail system. The WPTHOA acknowledges that the trail may be connected to a larger city
wide trail system.
Standard city park signage shall be allowed within the easement.
This agreement is respectfully submitted by the Board of Directors of the WPTHOA on
behalf of the Association.
Regards,
S:\Parks\Case Files\2008\Windsor Park 3rd Trail Maint Agreement\Eshibit A.doc
Windsor Park Third Homeowners Association
P.O. Box 58 -Elk River, Minnesota 55330
"EXHIBIT A"
Maintenance Agreement
This Maintenance Agreement shall be for the paved trial on the south side of County Road
33 between Joplin Street and Queen Street, which is contained within Outlot D of the
~lindsor Park Third Addition.
The ~Xlindsor Park Third Addition Homeowners Association (~XIPTHOA) grants a trail
easement, fifteen (15) feet along either side of the paved edge of the trail and including the
trail, to the City of Elk River (the City), for the purposes of public access, maintenance,
repair and/or improvement of the trail.
The ~XII'THOA allows the following maintenance, as scheduled and prioritized with other
city trails within the city trail system, to be preformed by the City:
1. Snowplowing
2. Sweeping
3. Grass mowing -three (3) feet from the trail pavement edge
4. Removal of dead trees within the trail easement that pose a falling hazard onto the
trail
5. General repairs (i.e. patching, crack filling, washouts)
As a result of the maintenance, the public can fully utilize the trail as part of the City's public
trail system. The ~XII'THOA acknowledges that the trail maybe connected to a larger city
wide trail system.
Standard city park signage shall be allowed within the easement.
This agreement is respectfully submitted by the Board of Directors of the ~II'THOA on
behalf of the Association.
Regards,
Jason Caswell, Board President
~Iindsor Park Third Addition Homeowners Association Board of Directors
Cindy Nissen, Treasurer Jay Caswell, President Matt Remhoff, Vice President
763.441.0273 763.274.1643 763.241.0233
Dan Weinmann Micah Hager, Secretary
763.458.6643 763.444.9083