2019.03.19 Work Session Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: March 15, 2019
City Council
Work Session Agenda
March 19, 2019
6:30 p.m.
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the work session of the Crystal City Council was held at ______ p.m. on March 19, 2019 in
Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
____ LaRoche ____ Norris
____ Parsons ____ Therres
____ Adams ____ Gilchrist
____ Banks ____ Revering
____ Budziszewski ____ Ray
____ Deshler ____ Serres
____ Kiser
II. Agenda
1. Update on the Hennepin County Highway 81 landscaping project.
2. Constituent issues update.
3. City manager monthly update.
4. New business.*
5. Announcements.*
* Denotes no supporting information included in the packet.
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.
Memorandum
DATE: March 19, 2018
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Hennepin County Hwy 81 potential planting
Summary
On April 3, 2018 Hennepin County staff attended a Council work session to discuss the potential
landscaping project along the Hwy 81 Corridor through Crystal. At the end of the work session, the
direction was for the County staff to come back before the Council to discuss the long term
maintenance agreement for the project. The project has been bid and the contract awarded by the
County. County staff would now like to enter into an agreement with the City for the long term
maintenance of the project. Hennepin County staff will be present at the work session to discuss the
proposed agreement.
Based on input from the April 3, 2018, here are some follow up notes based on comments the Council
had:
1) 3 year warranty – Will be included
a. Irrigation will be subsurface system instead of spray
2) Litter being caught in vegetation – Still potentially an issue, but not sure about solution
a. County will provide litter collection twice a year during the establishment period
3) Planting on the medians on Bass Lake Rd on either side of Hwy 81
a. Median on the east side of Hwy 81 is being included in the project
City responsibilities
1) Responsible for tree maintenance one year after planting (unlike 3 year for the rest of the
project)
2) Responsible for all landscaping maintenance (weeding, pruning, irrigation, plant replacements)
starting 3 years (plant establishment period) after the project completion and lasting for 5 years
(until July 1, 2027)
3) Responsible for electrical power (battery replacement) and water for irrigation after 3 years.
County will pay the water cost during the 3 year establishment period.
4) The City wants to be present for turn on and blow out each year during the 3 year maintenance
period
5) The City will do a walk through with the County in the spring of 2022 and develop a punch list of
items that need to be addressed prior to the City taking over ownership. Any repairs or other
issues need to be addressed such that the system is fully operational prior to the City taking
over responsibility
Staff comments
With regards to the boulevard trees, the County Forester currently does all maintenance. Based on the
proposed agreement this appears to be changing to City responsibility.
Attachment
• Draft agreement with Hennepin County for Hwy 81 planting project
Council action
• No formal Council action is needed.
• If the Council is ok with the proposed agreement, it could come before the Council as soon as
the April 2nd meeting.
• If the Council is ok with the proposed agreement, would the Council be ok with this agreement
being on the consent agenda April 2nd?
Agreement No. A188825
County Project No. 1006427
County Road 81
City of Crystal
County of Hennepin, Environment & Energy
COUNTY STATE AID HIGHWAY 81
LANDSCAPE MAINTENANCE AGREEMENT
BETWEEN COUNTY OF HENNEPIN AND
THE CITY OF CRYSTAL
THIS AGREEMENT is between the County of Hennepin, State of Minnesota, A-2300 Government
Center, Minneapolis, Minnesota 55487 (“COUNTY”), on behalf of the Environment and Energy
Department, 701 4th Avenue South, Suite 700, Minneapolis, MN 55415-1843, (“DEPARTMENT”), and
the City of Crystal, 4141 Douglas Drive North, Crystal, MN 55422 (“CITY”).
RECITALS
WHEREAS, the COUNTY is preparing to landscape the portion of County Road 81 between the eastern
boundary of Robbinsdale to Interstate 694/94 in the Cities of Robbinsdale, Crystal and Brooklyn Park as
shown on the CSAH 81 Landscape Rehabilitation plans for County Project No. 1002318: on file with
Hennepin County (the “Project”); and
WHEREAS, the COUNTY will undertake, as a part of the Project, the installation of irrigation and the
planting of trees, shrubs, and perennials; and
WHEREAS, the COUNTY will fund and oversee the landscape and irrigation installation; and
WHEREAS, the COUNTY will fund and install boulevard trees; and
WHEREAS, the CITY agrees to assume ongoing responsibility for the care, operation and maintenance of
irrigation and new landscape plants within the County Road 81 right-of-way from mid-2022 through
June 2027; and
WHEREAS, the CITY agrees to assume ongoing responsibility for the care of CSAH 81 boulevard trees
beginning one year after planting; and
NOW, THEREFORE, in consideration of these mutual undertakings and agreements, the COUNTY and
the CITY agree as follows:
Project Procurement and Installation of Landscape Materials and Irrigation1.
The COUNTY will acquire landscape materials and perform landscaping according to the CSAH 81a.
Landscape Rehabilitation Plans: on file with Hennepin County (the “Project”).
The COUNTY will obtain all necessary construction permits required in connection with theb.
installation of the landscape materials.
The COUNTY, through its installation contractor, shall be responsible for all maintenance during thec.
plant establishment period, a 3 year time period from July 1, 2019 until July 1, 2022. This includes
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the maintenance of the irrigation system and other maintenance as described in Attachment A,
attached and incorporated by this reference.
The COUNTY will notify the CITY when the work to blow out the irrigation system in the fall and d.
work to turn on the water in the spring will occur so the CITY can be present during such work
during the 3 year period.
d. The COUNTY anticipates installation of the landscape during the 2019 construction season.e.
e. During the 3 year plant establishment period, Hennepin County will be responsible for trashf.
pick-up in the newly landscaped medians two times per year.
f. The COUNTY’s Forestry division will install trees in the CSAH 81 boulevards and will be responsibleg.
for their maintenance and watering during the one year time period following installation.
g. During the 3-year plant establishment period, Hennepin County will pay for the irrigation relatedh.
water charges.
Prior to the conclusion of the 3 year period, and before the maintenance responsibility transfers to i.
the CITY, the COUNTY and the CITY shall conduct a walkthrough of the area and develop a punch list
of items that must be corrected. All of the identified punch list items must be corrected, and the
irrigation system must be fully operational, before the CITY assumes the maintenance responsibility
for the system.
Project Maintenance2.
TheWith the exception of the boulevard trees, the CITY shall be responsible for the maintenance ofa.
the landscaping upon completion of the plant establishment period and for five years following this
period until July 1, 2027. Maintenance includes, but is not limited to, general categories of
weeding, pruning, irrigation, and removal and replacement of all plant materials that fail to survive.
See Attachment A for a complete maintenance schedule. The COUNTY shall maintain the boulevard
trees as it does with the other boulevard trees on COUNTY highways in the CITY.
The CITY shall provide, at its sole expense, all electrical power and water to operate the irrigationb.
system.
The CITY shall furnish all labor, materials, supplies, tools and other items necessary to provide thec.
needed maintenance or repair.
The CITY shall be responsible for the County Forestry installed boulevard trees for the life of thed.
trees beginning one year after planting. This includes, but is not limited to, pruning, watering, and
removal of dead trees.
Project Term3.
Agreement is effective upon signing and terminates on July 1, 2027.
Project Representatives4.
Each party’s Authorized Representative is responsible for administering this Agreement and is
authorized to give and receive any notice or demand required by this Agreement:
The CITY’s Authorized Representative is:
Mark Ray, Public Works Director (or successor)
4141 Douglas Drive North
Crystal, MN 55422
763-432-1160 or 763-531-1000
mark.ray@crystalmn.gov
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The COUNTY’s Authorized Representative is:
John Evans, Assistant Director Department of Environment and Energy (or successor)
701 4th Avenue South, Suite 700 | Minneapolis, MN 55415-1843
612-348-4046
John.Evans@hennepin.us
Signage5.
No advertising signs or devices of any form or size will constructed or permitted to be constructed or
placed upon COUNTY right-of-way. This Agreement does not grant any interest whatsoever in land, nor
does it establish a permanent park or natural area.
Amendments6.
Any amendment to this Agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
Assignment 7.
Neither party may assign or transfer any rights or obligations under this Agreement without the prior
consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
Force Majeure8.
Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay
in performance), if such a failure or delay is due to a force majeure event. A force majeure event is an
event beyond a party’s reasonable control, including but not limited to, unusually severe weather, fire,
floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies.
Traffic Control and Notice of Lane Closures9.
During maintenance activities, the CITY shall be responsible for compliance with applicable provisions of
the current version of the Minnesota Temporary Traffic Control Field Manual and Minnesota Manual on
Uniform Traffic Control Devices.
The CITY shall apply for an annual Transportation Right-of-Way Permit from the COUNTY if it is
necessary to partially block CSAH 81 within its corporate limits while conducting the maintenance. The
CITY shall contact the COUNTY’s permit office at 612-596-0339 for information and use the web-based
e-permitting system at roadpermits.co.hennepin.mn.us to apply for a permit. The COUNTY will waive
all fees associated with the permit for the CITY.
This Agreement does not prohibit the COUNTY from closing a road if such closing is authorized by law
and is necessary for public safety.
Landscape Installation Areas10.
The following areas within the City, County Road 81 right-of-way will have new landscape plants and
irrigation installed:
47th Avenue to 51st Avenue median
51st Avenue to CP/Soo median
CP/Soo to Wilshire Boulevard median
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Wilshire Boulevard to Bass Lake Road median
Bass Lake Road intersection
Bass Lake Road to 60th Avenue intersection
12. Annual Maintenance Review
Once per year during the summer, CITY and COUNTY staff or representatives will analyze the new
plantings and together determine any changes needed to the maintenance schedule, amending
attachment A as needed.
Independent Contractor13.
The CITY shall select the means, method, and manner of performing the services. Nothing is intended
or should be construed as creating or establishing the relationship of a partnership or a joint venture
between the parties or as constituting the CITY as the agent, representative, or employee of the
COUNTY for any purpose. The CITY is and shall remain independent contractors for all services
performed under this Agreement. The CITY shall secure all personnel required in performing services
under this Agreement. Any personnel of the CITY or other persons while engaged in the performance of
any work or services required by the CITY will have no contractual relationship with the COUNTY and
will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims
that arise out of employment or alleged employment under the Minnesota Economic Security Law or
the Workers’ Compensation Act of the State of Minnesota on behalf of any personnel, including,
without limitation, claims of discrimination against the CITY, its officers, agents, contractors, or
employees. The CITY shall defend, indemnify, and hold harmless Hennepin County, their officials,
officers, agents, volunteers, and employees from all such claims irrespective of any determination of
any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall
neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY,
including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers’
Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits.
14.Indemnification
CITY shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers,
agents, volunteers and employees from any liability, claims, causes of action, judgments, damages,
losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any
act or omission of CITY, a subcontractor, anyone directly or indirectly employed by them, and/or
anyone for whose acts and/or omissions they may be liable in the performance of the services required
by this Agreement, and against all loss by reason of the failure of CITY to perform any obligation under
this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold
harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from
alleged infringement of any copyright or any property right of another, the employment or alleged
employment of CITY personnel, the unlawful disclosure and/or use of protected data, or other
noncompliance with the requirements of the provisions set forth herein.
15.Merger, Modification and Severability
A.The entire Agreement between the parties is contained herein and supersedes all oral agreements
and negotiations between the parties relating to the subject matter. All items that are referenced
or that are attached are incorporated and made a part of this Agreement. If there is any conflict
between the terms of this Agreement and referenced or attached items, the terms of this
Agreement shall prevail.
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B.Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be
valid when they have been reduced to writing as an amendment to this Agreement signed by the
parties.
C.If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions
will not be affected.
16. Cancellation
Upon written notice, the COUNTY may immediately suspend or cancel this Agreement in the event that
(i) the landscape rehabilitation project does not move to construction; (ii) funding for landscape
rehabilitation project is withdrawn or is otherwise made unavailable; or (iii) COUNTY determines, in its
sole discretion, that funding is, or has become, insufficient to proceed with the landscape rehabilitation
project.
17. Notices
Any notice or demand which must be given or made by a party under the terms of this Agreement or
any statute or ordinance shall be in writing. Notices to the COUNTY shall be sent to the County
Administrator with a copy to the originating Department at the address given in the opening paragraph
of the Agreement. Notice to the CITY shall be sent to the City Administrator at the address stated in the
opening paragraph of the Agreement.
18. Survival of Provisions
Provisions that by their nature are intended to survive the term, cancellation or termination of this
Agreement include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; DEFAULT
AND CANCELLATION; and MINNESOTA LAW GOVERNS.
19.Media Outreach
City shall notify COUNTY, prior to publication, release or occurrence of any Outreach (as defined below).
The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For
clarification and not limitation, all Outreach shall be approved by COUNTY, by and through the Public
Relations Officer or his/her designee(s), prior to publication or release. As used herein, the term
“Outreach” shall mean all media, social media, news releases, external facing communications,
advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other
forms of outreach created by, or on behalf of, City (i) that reference or otherwise use the term
“Hennepin County,” or any derivative thereof; or (ii) that directly or indirectly relate to, reference or
concern the County of Hennepin, this Agreement, the services performed hereunder or COUNTY
personnel, including but not limited to COUNTY employees and elected officials.
20.Minnesota Laws Govern.
The Laws of the State of Minnesota shall govern all questions and interpretations concerning the
validity and construction of this Agreement and the legal relations between the parties and their
performance. The appropriate venue and jurisdiction for any litigation will be those courts located
within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving
the parties will be in the appropriate federal court within the State of Minnesota.
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COUNTY BOARD AUTHORIZATION
Reviewed by the County Attorney’s COUNTY OF HENNEPIN
Office STATE OF MINNESOTA
______________________________ By: ______________________________________
Assistant County Attorney Chair of Its County Board
Date: ________________________ATTEST: ___________________________________
Deputy/Clerk of County Board
Date:
By: _______________________________________
County Administrator
Date:
By: ______________________________________
Assistant County Administrator
- Public Works
Date:
Recommended for Approval
By: _______________________________
Director,
Environment and Energy Department
Date: _____________________________
CITY OF CRYSTAL
By: ____________________________________By: ____________________________________
Mayor, Jim Adams City Manager, Anne Norris
Date: __________________________________Date: ___________________________________
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11:10:31 AM
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Document 1 ID PowerDocs://DOCSOPEN/560092/1
Description DOCSOPEN-#560092-v1-Crystal_Maintenence_A_2-26-19
Document 2 ID PowerDocs://DOCSOPEN/560092/2
Description DOCSOPEN-#560092-v2-Crystal_Maintenence_A_2-26-19
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4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
CITY MANAGER WORK PLAN
MONTHLY CHECK IN – MARCH 2019
Objectives:
- Operational planning for achievement of Council goals
o Thriving Business Climate
City Code update complete – now final review for any
corrections before formatting
Updated fire suppression system financial assistance program –
Elision Theater utilizing
Open To Business assistance available
o Create Strong Neighborhoods
Code enforcement – on-going
Implementation of Master Parks System Plan – Becker Park
improvement project contracted awarded; ground breaking
scheduled for 4/3/19
Home improvement loans/rebates available through CEE
o Fiscally sound and stable policies and procedures:
Long term financial planning:
2019-2020 budget – first two year budget approved
Assume no new debt
Capital plan updates underway for Council review in late spring
Space needs study in progress
o Monthly check in with Council
- Facilitative leadership and vision – update shared vision and common
goals
o 2/26/19 Council work session to update goals and priorities – follow up
meeting with Karen DeYoung 3/15/19