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2018.06.19 Work Session Packet (2nd) 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: June 15, 2018 City Council Second Work Session Agenda June 19, 2018 Following the City Council meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held at ______ p.m. on June 19, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Kolb ____ Norris ____ LaRoche ____ Therres ____ Parsons ____ Gilchrist ____ Adams ____ Ray ____ Budziszewski ____ Revering ____ Dahl ____ Sutter ____ Deshler ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Review of new website.* 2. West Metro Fire-Rescue District 2019 budget review and other updates. 3. Becker Park project update. 4. 3856 Maryland Ave. N. surplus property update.* 5. Snow/ice policy, including sidewalks. 6. Constituent issues update. 7. City manager monthly update. 8. New business.* 9. Announcements.* III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531- 1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: June 14, 2018 TO: Mayor and City Council Anne Norris, City Manager FROM: John Elholm, Recreation Director SUBJECT: Becker Park Update – 50% Plans The City of Crystal completed a Park System Master Plan late in 2017. While the master plan looked at all parks in the city, making improvements to Becker Park was identified as the highest priority. A planning contract was approved with WSB & Associates early in 2018 to begin developing plans for this park, with construction of amenities scheduled for 2019. Phase 1 improvements proposed at Becker Park consist of an inclusive play area, performance area, spray pad (fountain), lawn areas and other amenities to make the park a community gathering space. A key piece of this project is coordinating with the stormwater project also being planned in the park, as well as other nearby projects. The Becker Park planning process has included:  December 19, 2017 - Park System Master Plan approved  January 2, 2018 – Contract with WSB & Associates for design work approved  April 26, 2018 – Becker Park Open House for 30% plans Development of 50% plans was recently completed, and will be discussed with the council at the work session on June 19. Memorandum DATE: June 19, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Snowplowng/ice control policy and sidewalks Background Over the past few years a lot of work has been done on a variety of topics that while seemingly unconnected, are in-fact related. The topics to be discussed at this work session are the proposed snowplowing/ice control policy and ownership/maintenance of sidewalks. Sidewalk long term planning In an effort to balance maintenance needs with available funding, staff has reviewed the City sidewalk system looking for potential additions as well as removals. The removals considered are segments that are not connected to the larger system on both ends and there are no current plans or current perceived need to connect them. Attached to this memo is a map showing the non-networked sidewalks and their approximate length that are under consideration. The only currently proposed addition to the sidewalk system is a portion of W. Broadway Avenue in the Broadway Park area that does not have any sidewalks on it or has a sidewalk only on one side. This is the only segment of County Highway in the City without sidewalks on both sides of the road. Since W. Broadway Ave is a County Highway, it is important to provide pedestrians with off-street facilities for walking. Resident input gathered In late January 2018 the City sent letters to all the properties that abutted the sidewalks that were being considered for removal (non-networked). Feedback was requested by early March 2018. A second letter was then sent in late March 2018 to those properties that did not respond to the first request. Again, feedback was requested by late April 2018. These letters are attached to this memo. Responses: • 37 Properties contacted • 22 (59%) Responses received Other information that is not relevant in this context: • 14 (64% of responses) supported removal • 8 (36% of responses) did not support removal The reason the overall support/non-support for removal results is not relevant in the broad context is because the sidewalks should be looked at on a case-by-case basis for each segment. For example, for a segment of sidewalk that is only in front of one property the results may be quite different than for a sidewalk that spans six properties which may have more mixed feedback. A summary of the resident responses are attached to this memo. City Code Chapter 8 With the revisions to Chapter 8 of the City Code, Section 815 now states “Sidewalks; snow and ice removal. The city will provide for snow removal from sidewalks of the city in accordance with a policy adopted by the city council that takes into account the amount of available personnel, equipment, and funds the city reasonably has available for such activities”. The policy being referenced in Code is what has been brought to the Council for consideration at this work session. Snowplowing/Ice Control Policy The proposed Snowplowing/Ice Control Policy (included as an attachment to this memo) covers the main topics/issues associated with snow/ice removal operations. Some key points: 1) Still have the 1.5” snow threshold (on the street) for a full plow 2) Main routes are top priority, followed by Hill routes, and then everything else 3) City will primarily use salt for icy conditions. Some details are included regarding pavement goals post-snow event (no bare pavement goal on flatter residential streets). 4) City will maintain most of the City sidewalks a. Priority routes will be done on overtime (mainly along County Roads), other routes will not b. Non-connected sidewalks will not be maintained in the winter i. The sidewalks are scheduled to be removed by the City at some point in the future 5) Damaged mailboxes (only those that come into direct contact with City equipment) will be repaired/replaced with basic mailbox. Replacement may not be done until spring when the frost is out of the ground. 6) Turf damage will be repaired with dirt/seed. On a case by case basis the City may use sod. Repairs will be done in the spring once growing season has started. Sidewalk license and maintenance agreement For the non-connected sidewalks that the adjacent property owner wants to keep in place, they will need to sign a sidewalk license and maintenance agreement. Attached to this memo is the agreement. This agreement will do the following: • City retains ownership of the sidewalk and the public may continue to use it • The term of the agreement is 10 years, but it automatically renews • The property owner is required to complete all maintenance to keep the sidewalk safe and serviceable. The property owner is responsible for snow/ice removal in the winter if they so choose. • If the property owner fails to maintain or repair the sidewalk, then the City can do the work and assess the property. In short, either the adjacent property owner signs the sidewalk license and maintenance agreement, or the sidewalk is slated for removal at some point in the future. Attachments • Non-Network Sidewalks, potential removal map • January 2018 1st letter to residents requesting input • March 2018 2nd letter to residents requesting input • Non-Network Sidewalks, resident response summary • Snowplowing and Ice Control Policy • Sidewalk license and maintenance agreement Recommended Action Staff is looking for Council input on the Snowplowing/Ice Control policy, the sidewalk license/maintenance agreement, and will be available for any questions. At a future Council meeting the Council will be asked to take formal action on the following: • Adopting the Snowplowing/Ice Control Policy • Adopting the sidewalk license/maintenance agreement ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 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Through this evaluation process, we identified a sidewalk or portion of sidewalk adjacent to your property that has an abrupt end. The sidewalk is not connected to a larger system on both ends, and there are no plans for additional sidewalk to be connected to this segment. With many sidewalks in the city coming up for maintenance and replacement, we want to focus our resources on higher-use, connected sidewalks. The city would like to know your thoughts regarding the sidewalk with the abrupt end adjacent to your property. We have identified two potential options: 1) Keep the sidewalk as-is. Because the sidewalk is not connected to a larger network, it would have a low priority for replacement. 2) Remove the portion of sidewalk that is not part of the connected system. The city would install black dirt and sod in place of the sidewalk. There would be no cost to you for this work, but once it is done, you would be responsible for lawn care maintenance in the same manner as the rest of the boulevard. No decisions have been made, and the city would like your input before proceeding with either option. Please contact Engineering Project Manager Mick Cyert at mick.cyert@crystalmn.gov or 763-531-1161 with any input or questions by Friday, March 2, 2018. Sincerely, Mark Ray, PE Director of Public Works 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • www.crystalmn.gov G:\Projects\2018\2018-08 Sidewalk Removals\Sidewalk removal thoughts letter - 2nd letter.docx March 23, 2018 Crystal Resident RE: Sidewalk adjacent to your property (FINAL letter requesting input) Greetings, As part of the city’s on-going effort to plan for maintenance and replacement of its infrastructure, city staff has been evaluating all of the city’s sidewalks. Through this evaluation process, we identified a sidewalk or portion of sidewalk adjacent to your property that has an abrupt end. The sidewalk is not connected to a larger system on both ends, and there are no plans for additional sidewalk to be connected to this segment. With many sidewalks in the city coming up for maintenance and replacement, we want to focus our resources on higher-use, connected sidewalks. The city would like to know your thoughts regarding the sidewalk with the abrupt end adjacent to your property. We have identified two potential options: 1) Keep the sidewalk as-is. Because the sidewalk is not connected to a larger network, it would have a low priority for replacement. 2) Remove the portion of sidewalk that is not part of the connected system. The city would install black dirt and sod in place of the sidewalk. There would be no cost to you for this work, but once it is done, you would be responsible for lawn care maintenance in the same manner as the rest of the boulevard. No decisions have been made, and the city would like your input before proceeding with either option. We have received input from some of your neighbors, but would like to hear from you. Please contact Engineering Project Manager Mick Cyert at mick.cyert@crystalmn.gov or 763-531-1161 with any input or questions by Friday, April 20, 2018. Sincerely, Mark Ray, PE Director of Public Works 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • www.crystalmn.gov Remove Y/N 4713 36th Ave. Y 5625 45th Ave. 4444 Xenia Ave.Y 3712 Adair Ave.Y 3716 Adair Ave.Y 3720 Adair Ave.Y 3724 Adair Ave. 3732 Adair Ave.Y 3800 Adair Ave. 3808 Adair Ave. 3814 Adair Ave.N 3820 Adair Ave. 3826 Adair Ave. 3832 Adair Ave. 3401 Douglas Drive Y 3400 Perry Ave.N 3401 Perry Ave.N 3456 Perry Ave.Y 3457 Perry Ave. 3500 Perry Ave.Y 4367 Welcome Ave. 4301 Welcome Ave. 4401 Welcome Ave.N 3802 Zane Ave.Y 3808 Zane Ave. 3814 Zane Ave.Y 3820 Zane Ave.N 3826 Zane Ave. 3832 Zane Ave.Y 4250 Zane Ave.Y 4300 Zane Ave. 4301 Zane Ave.N 4366 Zane Ave.Y 4367 Zane Ave.N 4403 Zane Ave. 6700 46th Place N N 4263 Welcome Ave. Street Address PUBLIC WORKS DEPARTMENT POLICIES AND PROCEDURES MANUAL G:\Policies and Procedures\Policies\Snow and Ice Control\Snow plowing and ice control final.docx TITLE: Snow plowing and ice control NUMBER: EFFECTIVE DATE: 2018 NUMBER OF PAGES: 5 Purpose statement The City of Crystal, Minnesota (“City”) finds that it is in the best interest of the residents of the City to assume basic responsibility for control of snow and ice on City streets, sidewalks, and public property. Reasonable ice and snow control is necessary for access, routine travel and emergency services. The City will attempt to provide such control in a safe and cost effective manner, keeping in mind user safety, budget, personnel, and environmental concerns. The City will use City employees, equipment and/or private contractors to provide this service. This policy does not relieve the operator of private vehicles, pedestrians, property owners, residents and all others that may be using public streets, sidewalks, or public property of their responsibility to act in a reasonable, prudent and cautious manner, given the prevailing street, sidewalk, or trail conditions. Policy application This policy applies to all Public Works Department staff and adherence to it is a condition of employment with the City. When Will the City Start Snow or Ice Control Operations? Snow and ice control operations can be costly, can have negative impacts on the environment and infrastructure, and potentially involve nearly all of the public works department personnel. When significant resources are shifted to snow/ice removal operations, other City needs and priorities are put off while snow/ice removal operations are underway. As such, it is necessary to identify the circumstances and conditions under which the City can utilize its limited resources to engage in snow and ice control operations. The Street Superintendent, in consultation with the Director of Public Works, will decide when to begin snow or ice control operations. The criteria for that decision are: A. Street snow accumulation a. Accumulation of one and a half (1.5) inches or more will trigger a full plow; B. Drifting of snow that causes problems for travel; C. Icy conditions which seriously affect travel; and D. Time of snowfall in relationship to heavy use of streets. How Snow will be Plowed Snow will be plowed in an efficient manner as to minimize traffic obstructions. The snow will generally be pushed from left to right on two-way streets. On one-way streets or where Page 2 of 5 there is a center boulevard, snow may be pushed in either direction. Snow on cul-de-sacs will normally be plowed to any available space in the right-of-way as to minimize obstructions of mailboxes, fire hydrants, and driveways. When a plow goes across a bridge, the driver shall slow down so as to minimize the risk of snow going over the bridge, if possible. In times of extreme snowfall, main roads and streets with hills will be prioritized to try and maintain emergency access. Once the snowfall ends or begins to taper off, a full plow of the City will be started as soon as reasonably possible. Boulevards along streets and other public right-of-ways are intended for snow storage. Snow plow operations will be conducted so as to efficiently relocate snow from the street onto the intended storage areas. Unless there are reasonable needs (such as to minimize obstructed sight lines, avoid mailboxes, avoid fire hydrants, or similar) for specific placement of snow in the boulevards, the snow will be placed in a manner served by the most efficient clearing of the street. Plow operators will attempt, within reason, to evenly balance the amount of snow being pushed to each side of the street. However, their primary goal is to remove the snow from the street as safely and efficiently as possible under the circumstances. Plow operators will not pick up their plow blades at driveways or respond to other requests for specific snow placement. Reasonable requests in not-typical conditions (dead ends, cul-de-sacs, etc) will be considered by the Streets Superintendent. Snow Removal (Hauling) The Street Superintendent will determine if and when snow will be removed from an area by truck. Such snow removal will occur in areas where there is limited room on the boulevard for snow storage or in areas where accumulated piles of snow create potentially hazardous conditions, such as limited sight distance. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also be delayed depending on weather conditions, available staffing/equipment, or other City infrastructure priorities. The snow will be removed and hauled to a snow storage area. The snow storage area will be located so as to minimize the impact to other City operations and with an awareness of potential environmental considerations. Priorities and Schedule of Streets to be Plowed The City has classified City streets based on the street function and importance to the welfare of the community. Those streets classified as “Main Routes” will be plowed first. These are generally higher volume routes, which connect major sections of the City and provide access for emergency fire, police, and medical services. The second priority streets are those classified as “Hill Routes” because they contain significant hills which may have access issues due to snow/ice accumulation. The third priority routes are every other street in the City, including alleys and parking lots. During significant and severe storms, the City must be prepared to move personnel and equipment to maintain first and then second priority routes before working on third priority routes. In fulfilling the intent to have all priority streets as safe and passable as can reasonably be achieved considering the conditions, when resources are limited, plowing of third priority routes may be stopped at any time so resources can be shifted to priority routes. Page 3 of 5 Unforeseeable circumstances may cause delays in completing assigned plow routes. Such circumstances may include weather conditions that endanger the safety of snowplow operators and/or safe and effective operation of equipment, commuter traffic, disabled vehicles, poor visibility conditions, parked cars along streets, assistance to emergency response vehicles, equipment breakdown, equipment getting stuck, and personnel shortages. Work Schedule for Snowplow Operators Snowplow operators will be expected to work their assigned shifts. In severe snow conditions, operators sometimes have to work longer shifts pursuant to any collective bargaining contract language. The intent is to give operators at least 8 hours off between shifts, with it being desirable for 10 hours off between shifts when feasible. Traffic Regulations The City recognizes that snowplow operators are exempt from traffic regulations set forth in Minnesota Statutes, Chapter 169 while actually engaged in work on streets, except for regulations related to driving while impaired and the safety of school children. Pursuant to this authority, snowplow operators engaged in snow removal or ice control on City streets have discretion to disregard traffic laws set forth in Chapter 169, except for laws relating to impaired driving and school children safety, when in their judgment, it is safe to disregard such laws. The privileges granted herein to operators of snow removal and ice control vehicles shall apply only if the vehicle is equipped with at least one lighted lamp displaying a flashing, oscillating, or rotating amber light placed in such a position on the vehicle as to be visible throughout an arc of 360 degrees. Weather Conditions Snow and ice control operations will be conducted only when weather conditions do not unreasonably endanger the safety of snowplow operators and equipment. Factors that may delay snow and ice control operations could include severe cold, significant winds, severe ice conditions, or limited visibility. Use of Sand, Salt, and Other Chemicals The City will primarily use salt when there is hazardous ice or slippery conditions. The City is concerned about the effect of such chemicals on the environment, infrastructure, and vehicles and will limit its use for that reason. Sand and other chemicals may be used on a case-by-case basis, as available. When the weather gets closer to 30°F, City crews will scrape the streets mechanically to remove the snow pack. This is more cost effective and environmentally friendly than trying to do the same with salt. While the goal is for various levels of bare pavement, weather conditions can significantly impact how quickly the goal can be met. Salt is not effective below 15°F degrees and extended snow events or ones with significant accumulation will take longer to recover from. The City’s goal for the main streets is bare pavement in the wheel tracks. The exception is 36th Ave., where the goal is for bare pavement in each travel lane. For City streets with hills (not main streets), the goal is a bare pavement strip down the middle of the street. On the Page 4 of 5 flatter residential streets, there is not a bare pavement goal. Drivers are always encouraged to drive slower and use care. After 36th Ave., the next busiest streets have less than 4,000 vehicles per day. The vast majority of Crystal streets have under 1,000 vehicles per day. This translates to around one vehicle per minute, even during busier times. By providing a mostly bare pavement center strip on streets with hills (that are not main roads), drivers are able to get some of their wheels on bare pavement the vast majority of the time. Sidewalks/Trails The City will maintain most of the sidewalks and/or trails in the City. The map of the sidewalks/trails the City maintains, including priority routes, is available by contacting the City. As there are a limited number of personnel and equipment available, snow removal of the sidewalks/trails will generally begin no sooner than four hours after full plow operations have started. During multiple snow events, or other non-typical conditions, sidewalk/trail snow removal may not start until all street and alley plowing operations have finished. Staff overtime for snow removal on sidewalks will be limited to priority routes as feasible. Since the City has a limited amount of equipment that can remove snow from sidewalks, sidewalk snow removal operation will take days, if not over a week depending on the conditions, to complete removal on all segments. The City does not apply salt, sand, or other chemicals to sidewalks and trails. The City has identified a number of sidewalks to be removed in the future (date to be determined). Because these sidewalks are not connected to other sidewalks on both ends, thus terminating at a point where a pedestrian would have to either enter the street or walk on the boulevard, they are considered non-connected sidewalks. The non-connected sidewalks are not part of the City’s transportation system and will not be maintained by the City in the winter. The adjacent property owner/resident may choose to remove all accumulated snow from the sidewalk adjacent to their property, but would do so at their own cost and liability. Mailboxes Encountering mailboxes is one of the many potential hazards that snowplow operators must be aware of during winter plowing operations. The City will conduct a review of each mailbox damage claim to determine whether the City has any legal responsibility for the damage. The City will only repair mailboxes actually hit by a snowplow and installed to United States Postal Service Residential Mailbox Standards. The City is not responsible for damage to mailboxes or support posts caused by snow or ice contacting the mailbox. Dents, scratches, or other superficial damage that does not prohibit normal use of the mailbox will be considered normal wear and tear and will not be repaired or replaced by the City. If the City, in its discretion, determines that replacement is appropriate, the City will replace the mailbox with a standard size, non-decorative metal mailbox and replace the support post as necessary with a 4” x 4”, decay resistance wood support post, both which will be installed by the City. Replacement of the mailbox will occur as scheduling and conditions Page 5 of 5 allow, which may mean a replacement is not installed until the spring when all the frost is out of the ground. Turf Damage Turf can sometimes be impacted during snow removal operations, especially sidewalk snow removal. If the City, in its discretion, determines that the turf damaged was caused during snow removal operations, the City will repair the damaged turf area with dirt and seed. On a case by case basis the City may install sod. Restoration work will be done by the City and will occur as scheduling and conditions allow in the spring once the growing season has started. The adjacent property owner is responsible for all watering of the new seed and/or sod. Complaint Procedure Complaints will be logged. Calls requiring service will be forwarded to the appropriate supervisor for scheduling. Emergency concerns (as determined by the Streets Superintendent or Director of Public Works) will be handled in an expeditious manner as resources are available. Deviation from Policy The Superintendent of Streets may deviate from this policy when in his or her judgment it is in the best interest of the City or is necessary because of budget needs or other circumstances. Changes in priorities will be documented as to what caused such actions and why the change was necessary. Review and Modification of Policy The policy will be reviewed periodically and may be revised by the City Council as needed. 1 G:\Projects\2018\2018-08 Sidewalk Removals\Removal Agreement\Sidewalk Agreement Private Ownership and Maintenance.DOCX SIDEWALK LICENSE AND MAINTENANCE AGREEMENT THIS SIDEWALK LICENSE AND MAINTENANCE AGREEMENT (“Agreement”) is made and entered into this ____ day of ________________, 2018, by and between the city of Crystal, a Minnesota municipal corporation (“City”), and ________________________ (collectively, the “Owner”). The City and the Owner may be referred to herein individually as a “party” or collectively as the “parties.” RECITALS A. The Owner is fee owner of the real property legally described in the attached Exhibit A (“Property”); B. The Property abuts a public sidewalk as depicted on the map attached hereto as Exhibit B (“Sidewalk”); C. The City has the authority and the desire to remove the Sidewalk, but the Owner has requested that the Sidewalk remain for its use; and D. The City is willing to forego its present plans to remove the Sidewalk in exchange for the Owner’s willingness to adhere to the terms and conditions contained in this Agreement. AGREEMENT On the basis of the foregoing and upon the mutual undertakings and promises contained herein, the parties hereto hereby agree as follows: 1. Incorporation of Recitals. The recitals set forth above are incorporated herein and made part of this Agreement. 2. Non-Removal; Grant of License. In consideration of the covenants and agreements herein to be performed by the Owner, and further subject to the limitations contained herein, the City agrees to forego its present intent to remove the Sidewalk and hereby grants to the Owner a nonexclusive license to retain and use the Sidewalk in accordance with the terms and conditions contained herein. The Owner understands and agrees that the Sidewalk will remain 2 G:\Projects\2018\2018-08 Sidewalk Removals\Removal Agreement\Sidewalk Agreement Private Ownership and Maintenance.DOCX open for use by the public during the entire term of this Agreement. 3. Term and Termination. The term of this Agreement shall be for 10 years from the date it is executed by both parties unless it is terminated earlier as provided in this section. At the end of the initial term this Agreement shall automatically renew for subsequent 10 years terms unless terminated as provided herein. Either party may terminate this Agreement by providing the other party 90 days written notice of termination. The City may terminate this Agreement immediately if it determines the Owner has violated any material term or condition by providing the Owner written notice of termination. Upon the termination of this Agreement the City may remove the Sidewalk at its discretion. 4. Maintenance and Repair; Snow Removal. During the term of this Agreement the Owner shall be required to, at its own cost, keep and maintain the Sidewalk in a safe and serviceable condition. As such, the Owner shall be responsible for any improvements or repairs necessary to the Sidewalk to ensure its suitability for pedestrian traffic. All construction, reconstruction, or repairs of the Sidewalk shall be done in strict accordance with the City’s standards. The Owner shall also be solely responsible for the removal of all ice and snow from the Sidewalk. 5. Permits. The Owner agrees to properly apply for and retain any and all permits necessary to carry out any maintenance or repairs that are required under this Agreement. The Owner shall be solely responsible for determining and adhering to the proper boundaries of the Sidewalk and shall be liable to any other property owners for trespass onto their property. 6. City’s Right to Maintain and Repair. If the Owner fails to maintain or repair the Sidewalk in accordance with this Agreement, the City may provide the Owner written notice of the failure to maintain or repair that identifies the work needing to be done and the date by which such work must be completed. If the Owner does not complete maintenance or repair by the date indicated in the notice, the City may perform the required work and invoice the Owner for all costs it incurs, including contractor costs and all reasonable staff time, engineering and legal costs, and other reasonable costs and expenses incurred by the City. If the Owner, or its successors or assigns, fail to reimburse the City for its costs and expenses in maintaining the Sidewalk within 30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against the Property and collect the same in single or multiple payments as in the case of special assessments for public improvements pursuant to Minnesota Statutes, Chapter 429. The assessments shall bear interest at the rate determined by the City. The Owner, on behalf of itself and its successors and assigns, acknowledges that the maintenance work performed by the City regarding the Sidewalk benefits the Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. The City has the right but not a contractual obligation to perform maintenance or repair of the Sidewalk. The City intends to exercise this authority only if the condition of the Sidewalk is so poor, in the reasonable exercise of the City’s discretion, as to pose a hazard to the health, safety and welfare to those using the Sidewalk. 7. Right of Entry. In addition to any rights expressly afforded to the City under this Agreement, 3 G:\Projects\2018\2018-08 Sidewalk Removals\Removal Agreement\Sidewalk Agreement Private Ownership and Maintenance.DOCX the City shall retain all rights that it is otherwise entitled to under state and local right-of-way laws. Nothing in this Agreement shall create liability on behalf of the City for future removal or alteration of the Sidewalk, and the Owner shall have no right to recover any damages, in money or equity, for the removal or alteration of same or the exercise of any other rights afforded to the City. 8. Liens and Encumbrances. The Owner agrees that during the term of this Agreement it shall not permit or suffer any liens or encumbrances to be placed against the Sidewalk, nor shall it during such term engage in any activity that would cause or result in the placement of any liens or encumbrances against the Sidewalk. 9. Liability; Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be liable or responsible in any manner to the Owner, the Owner’s successors or assigns, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance of this Agreement, nor will the Owner make any claim against the City for or on account of any injury, loss or damage resulting from the Sidewalk or use thereof. The Owner shall indemnify, hold harmless and defend the City, its officials, employees, contractors and agents from and against any and all liability, loss, costs, damages, expenses, claims, actions or judgments, including reasonable attorneys’ fees which the Owner, its officers, employees, agents or contractors may hereinafter sustain, incur, or be required to pay, arising out of by reason of any act or failure to act by the Owner, its officers, employees, agents or contractors or arising out of or by reason of this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466, or otherwise. 10. Agreement to Run with the Land. This Agreement shall be recorded among the land records of Hennepin County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Owner, its successors and assigns. 11. No Damages; No Relocation Benefits. The Owner understands and acknowledges that the City is willing to enter into this Agreement and carry out its obligations hereunder only because the Owner has agreed that it will make no claim for damages or relocation benefits upon termination of this Agreement or pursuant to any other agreement with the City. Specifically, and without limitation of the foregoing, the Owner understands that upon termination of this Agreement, the City has no obligation to provide the Owner with any compensation or any other rights or privileges. 12. No Property Interest. This instrument is not an easement or a lease, creates no landlord-tenant relationship, and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. 4 G:\Projects\2018\2018-08 Sidewalk Removals\Removal Agreement\Sidewalk Agreement Private Ownership and Maintenance.DOCX 13. Waiver. The waiver by either party of any breach of any term of this Agreement shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Agreement. 14. Entire Agreement; Modification. This Agreement, together with any exhibits hereto, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may be modified or amended only by court order or by a writing executed by all the parties hereto under the provisions of this Agreement. 15. Headings. Any headings appearing at the beginning of the several sections contained in this Agreement have been inserted for convenience only and shall not be used in the construction and interpretation of this Agreement. 16. Severability. If any part of this Agreement shall be held invalid, it shall not affect the validity of the remaining parts of this Agreement, provided that such invalidity does not materially prejudice either party under the remaining parts of this Agreement and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. 17. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 18. Public Data. This Agreement and the information related to it are subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, which presumes that data collected and maintained by the City is public data unless classified otherwise by law. 19. Relationship of Parties. Nothing contained in this Agreement shall be deemed to create a partnership, association or joint venture between the City and the Owner. 20. Compliance with Laws. The Owner agrees to abide by and conform to all laws, rules, and regulations, including future amendments, while performing any obligations under this Agreement. 21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. [signature pages to follow] 5 G:\Projects\2018\2018-08 Sidewalk Removals\Removal Agreement\Sidewalk Agreement Private Ownership and Maintenance.DOCX IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the day and year first above written. THE OWNER(S): By: ____________________________________ By: ____________________________________ STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________________, 2018, by _______________________. Notary Public 6 G:\Projects\2018\2018-08 Sidewalk Removals\Removal Agreement\Sidewalk Agreement Private Ownership and Maintenance.DOCX CITY OF CRYSTAL By: ____________________________________ Its: Mayor By: ____________________________________ Its: City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2017, by Jim Adams and Chrissy Serres, the Mayor and City Clerk of the City of Crystal, Minnesota, on behalf of the City. Notary Public THIS DOCUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 A-1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [Insert] B-1 EXHIBIT B DEPICTION OF THE SIDEWALK [Insert]