99-629Council File # �Z�
ORZG�NAt�
Presented By
Referred to
Committee: Date
�1
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BE IT RESOLVED that the City of Saint Paul enter into the
attached Mn/DOT Agreement No. 78759 with the State of Minnesota,
Department of Transportation for the following purposes:
To provide payment by Mn/DOT to the City of Mn/DOT's share
of the costs of the landscape construction to be performed
along Trunk Highway No. 94 from Kittson 5treet to Mounds
Boulevard within the corporate City limits under State
Project No. 6283-969A.
BE IT FURTHER RESOLVED that the Mayor and the Superintendent of
Parks and Recreation are authorized to execute the Agreement.
Requested by:
t
Divis "n of P�a
gy;� `-�— / � /
U d�t
Adopted by Council: Date ��`��1��,�
Adoption Certified by Council Secr ary
BY � \ � �d- � �-� ��
Approved Mayor: Date: �v �����
By: �
Green Sheet # _62809
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Form Approved by
BY � ��
for
to
99 �a9
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) ss.
CITY OF ST. PAUL )
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I, Fred Owusu, City Clerk of the City of Saint Paul, Minnesota, do
hereby certify that 1 have compared the attached copy of Council File No.
99-629 as adopted by the City Council on July 7, 1999 and approved by the
Mayor on July 14, 1999 with the origina! thereof on file in my office.
I further certify that said copy is a true and correct copy of said
original and the whole thereof.
WITNESS, my hand and the seal of the City of Saint Paul, Minnesota
this 20th day of July, 1999.
Fred Owusu
CITY CLERK
Council File # ��pZ�
�%' QR�G�NAL
Presented By
Referred to
Committee: Date
1
2
3
4
5
6
7
8
9
10
BE IT RESOLVED that the City of Saint Paul enter into the
attached Mn/DOT Agreement No. 78759 with the State of Minnesota,
Department of Transportation for the following purposes:
To provide payment by Mn/DOT to the City of Mn/DOT's share
of the costs of the landscape construction to be performed
along Trunk Highway No. 94 from Kittson Street to Mounds
Boulevard within the corporate City limits under State
Project No. 6283-969A.
BE IT FURTHER RESOLVED that the Mayor and the Superintendent of
Parks and Recreation are authorized to execute the Agreement.
Adopted by Council: Date �T���l���
Adoption Certi£ied by Council Secr ary
By `� � _ �- 6� �e--��..
Approved Mayor: Date: � �� �`����
gy: r /'
Green Sheet # _62809_
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Requested by:
Divis}pn o£ Parks
�>'"
B ;;� �.t , I/i/
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Form Approved by
�
BY: "�,.;
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OFFICE OF STATE OF MINNESOTA Mn/DOT
ENVIRONMENTAI, DEPARTMENT OF TRANSPORTATION AGREEMENT NO.
SERVICES LANDSCAPE PARTNERSHIP
AGREEMENT 78759
S.P. 6283-469A (T.H. 94=392)
State Funds
The State of Minnesota
Department of Transportation, and
The City of St Paul
Re: Mn/DOT cost landscape materials
acquisition by the City for use
along T.H. 94
Apqr,
AMOUNT RECEIVABLE
(None)
Mn/DOT Accounting InFormation:
VrndorNumbv.
FwW
prp/Sub
CORhdCt:
NumbedDate/Entry Cnitials
FivalYmr.
Amoum:
ORIGINAI,
AMOITNT ENCUMBEREL
S2 959 24
"� T-79
Order:
Number/Date/Signatures
/Individual signing certifies that funds have been
encumbered as required by Minn. Stat § 16A.IS.J
Budget Office:
(Authorized Signature)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
"Mn/DOT", and the City of St. Paul, Minnesota, acting by and through
its City Council, hereinafter referred to as the ��City��.
il
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WHEREAS the City is about to perform landscapir_g along Trunk Highway
No. 94 from Kittsan Street to Mounds Boulevard within the corperate
City limits in accordance with City-prepared plans, specifications
and/or special provisions designated as the "St. Paul - Greening the
Great River Park Landscaping Plan°, which project has been designated
by Mn/DOT as State Project No. 6283-969A (T.H. 94=392); ar.d
WHEREAS the City has requested participation by �InfDOT in the costs
of landscape materials acquisition in accordance with the terms of
Mn/DOT's "Community Roadside Landscaping Partnership Program"; and
WHEREAS Mn/DOT is willing to part�.cipate in the Costs of the
landscape materials acquisition as hereinafter set forth; and
WHEREAS Minnesota Statute Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authori�y for the purposes of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I- PROJECT ADMINISTRATION BY THE CITY
Section A Landscane Materials Ac�uisition
The City shall acquire landscape materials in accordance with
Mn/DOT-approved City plans, specifications andJor special provisions
designated as the "St. Paul - Greening the Great River Park
Landscaping Plan��. Landscaping shall be performed by City forces in
acccrdance with Mn/DOT-approved City plans, specifications and/or
special provisions which are on file in the City's office and in
Mn/DOT�s Office of Environmental Services in Oakdale, and are made a
part hereof by reference with the same force and effect as though
fu11y set forth herein.
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78759
Section B. Purchase Order to be Fumished to Mn/DOT
The City sha11, within 7 days afCer ordering the landscape materials,
submit to Mn/DOT's Landscape Programs Coordinator in Oakdale a copy
of the purchase order for the landscape materials.
Section C Direction Supervision and Sns�ection
Landscape materials acquisition performed in accordance with this
Agreement shall be under the direction of the City; however, the
Mn/DOT cost participatiori landscape materials to be acquired under
this Agreement shall be open to inspection by Mn/DOT's authorized
representatives. The City shall give Mn/DOT's Landscape Programs
Coordinator five days notice of its intention to receive delivery of
the landscape materials.
Responsibility for the control of the Mn/DOT cost participation
landscape materials acquisition covered under this Agreement shall be
on the City and shall be carried out in accordance with
Mn/DOT-approved City plans, specifications and/or special provisions
designated as the "St. Paul - Greening the Great River Park
Landscaping Plan".
The City must verify whether or not nursery vendors are under a Gypsy
Moth Compliance Agreement between the Minnesota Department of
Agriculture, hereinafter referred to as the "MDA", and the United
States Department of Agriculture or under an MDA Japanese Beetle
4uarantine. All plant material shipped from nursery vendors subject
to quarantines must be accompanied by a Current Certificate of
Compliance for Gypsy Moth and/or Japanese Beetle. To determine if
vendors are subject to quarantines, call the MDA Supervisor of Plant
Regulatory Services at (651) 296-8388.
Section D. Completion of Materials Ac�isition and Installation
The City shall cause the acquisition and installation of landscape
materials to be started and completed in accordance with the time
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78759
schedule in the Community Roadside Landscaping Partnership Program
Project Application, which is on file in Mn/DOT's Office of
Environmental Services and is made a part hereof by reference with
the same force and effect as though fully set forth herein. The
completion date for the landscape materials acquisition and
installation may be extended, by an exchange of letters between Che
appropriate City official and Mn/DOT's Landscape Programs
Coordinator, for unavoidable delays encountered in the performance
thereof.
S�etion E. Com�liance with Laws. Ordi*sances and Regulations
The City shall, in connection with the acquisition of the landscape
materials, comply with all Federal, State and Local laws, and all
applicable ordinances and regulations.
Section F. Right-of-Way. Easements and Permits
The City is hereby authorized to work on Mn/DOT right-of-way for the
purposes of installing and maintaining the landscape materials,
including any necessary replacement of landscape materials that fail
to survive.
The City shall, without cost or expense to Mn/DOT, obtain all
rights-of-way, easements, construction permits and/or any other
permits and sanctions that may be required in connection with the
installation of landscape materials. Prior to advance payment by
Mn/DOT, the City shall furnish Mn/DOT with certified copies of the
documents for those rights-of-way and easements, and certified copies
of those construction permits and/or other permits and sanctions
required for Mn/DOT landscaping.
ARTICLE II - MN/DOT COST
Section A Basis
Mn/DOT�s full and complete share of the costs of the landscaping to
be performed along Trunk Highway No. 94 from Kittson Street to Mounds
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78759
Boulevard within the corporate City limits under State Project
No. 6283-969A (2.H. 94=392) shall be equal to the delivered cost of
the landscaping materials acquired in accordance with the "St. Paul -
Greening the Great River Park Landscaping Plan", however, the maximum
obligation of Mn/DOT under this Agreement sha11 not exceed $6,000.00,
unless the maximum obligation is increased by execution of an
amendment to this Agreement. It is estimated that the cost of the
landscape materials acquisition is $2,959.24.
Section B. Payment
Mn/DOT shall pay to the City an amount equal to the deliverecl cost of
the landscape materials, not to exceed the maximum obligation, after
the following conditions have been met:
1. Encumbrance by Mn/DOT of Mn/DOT's total cost share.
2. Execution and approval of this Agreement and Mn/DOT's transmittal
of same to the City.
3. Receipt by MnjDOT's Landscape Programs Coordinator, from the
City, of the following:
a. Copies of the purchase orders for the landscape materials,
as provided for in Article I, Section B. of this Agreement.
b. Certified copies of the documents, as provided for in the
second paragraph of Article I, Section F. of this Agreement.
c. A written request for payment, accompanied by copies of
supplier invoices for the landscape materials acquisition
and delivery.
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78759
ARTICLE I2I - GENERAL PROVISIONS
Section A. Installation and Maintenance b� the City
After acquisition of the landscape materials, the City shall install
the landscape materials along Trunk Aighway No. 94 and provide for
the proper maintenance thereof, without cost or expense to Mn/DOT.
Maintenance shall include, but not be limited to, removal and
replacement of all materials that fail to survive. Criteria for
maintenance and replacement are shown and described in EXHIBIT "A",
Maintenance Responsibilities Plan and Schedule, which is attached
hereto and made a part hereof by reference.
Section B. Responsibilities of the Citv
The City shall, in connection with the landscape materials
acquisition, installation and maintenance, comply with the following
conditions:
1. Use of Mn/DOT right-of-way shall in no way impair or interfere
with the safety or convenience of the traveling public in its use
of the highway.
2. Preserve and protect all utilities located on lands covered by
, this Agreement, without cost or expense to Mn/DOT.
3. As required by Minnesota Statute 216D, notify Gopher State One
Call System (1-800-252-1166) at least 48 hours before any
excavation is done on this project.
4. No advertising signs or devices of any form or size shall be
constructed or sha11 be permitted to be constructed or placed
upon Mn/DOT right-of-way covered by this Agreement.
5. Upon completion of the installation of landscape materials and
during performance of maintenance operations, restore all
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'78759
disturbed areas of Mn/DOT right-of-way so as to perpetuate
satisfactory drainage, erosion control and aesthetics.
Any use of Mn/DOT right-of-way permitted by this Agreement shall
remain subordinate to the right of Mn/DOT to use the property for
highway and transportation purposes. This Agreement does not grant
any interest whatsoever in land, nor does it establish a permanent
park, recreation area or wildlife or waterfowl refuge facility that
would become subject to Section 4(f) of the Federal-Aid Highway Act
of 1968.
Section C. Examination of Books. Records, Etc
As provided by Minnesota Statute Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
Mn/DOT and the City relevant to this Agreement are subject to
examination by Mn/DOT and the City, and either the Legislative
Auditor or the State Auditor as appropriate, for a minimum of six
years £rom final payment.
Section D. Cancellation of Agreement
Mr_/DOT may cancei and terminate this Aqreement for any cause or
reason, including Mn/DOT's desire to use any portion of Mn/DOT
right-of-way subject to this Agreement for transportation purposes,
by aiving the City written notice at least 90 days prior to the date
which such termination shall become effective. Upon cancellation of
this Agreement, the City will be required to restore and return the
area to a condition satisfactory to Mn/DOT's Metropolitan Division
Engineer at Roseville.
Section E. Claims
All employees of the City and all other persons employed by the City
or volunteering in the performance of landscape materials
acquisition, installation and/or maintenance covered under this
Agreement shall not be considered employees of Mn/DOT. Al1 claims
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78759
that arise under the Worker�s Compensation Act of the State of
Minnesota on behalf of the employees or volunteers while so engaged
and all claims made by any third parties as a consequence of any act
or omission on the part of the employees or volunteers while so
engaqed on landscape materials acquisition, installation andfor
maintenance covered under this Agreement shall in no way be the
obligation or responsibility of Mn/DOT.
Section F. Nondiscrimination
The provisions of Minnesota Statute Section 181.59 and of any
applicable law relating to civil rights and discrimination shall be
considered part of this Agreement as if fu11y set forth herein.
Section G Agreement Ap�roval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
ARTICLE IV - AUTHORIZED AGENT5
Mn/DOT's Authorized Agent for the purpose of the administration of
this Agreement is Scott Bradley, Landscape Programs Coordinator, or
his succsssor. His current address and telepP�one number are
3485 Hadley Avenue North, Oakdale, Minnesota 55128, (651) 779-5076.
The City's Authorized Agent for the purpose of the administration of
this Agreement is T.K. Walling, Forester, or his successor. His
current address and telephone number are 1224 North Lexington
Parkway, St. Paul, Minnesota 55103, (651)488-7291 extension 308.
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78759
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
B � � � ��
Director
Office of Environmenta Services
By
Division Engineer
Approved:
By
State Design Engineer
Date
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
By
Assistant Attorney General
4:
Superintendent of Parks and Recreation
(Title and Date)
DEPARTMENT OF ADMINISTRATION
�
Date
� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
State of Minnesota
County of Ramsey
This Agreement was acknowledged before me this
1999, by
day of
and
(Name)
, the Mayor and
(Name) (Title)
of the City of St. Pau1, and they executed this Agreement on behalf of
the municipality intending to be bound thereby.
Notary Public
My Commission E�pires
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CITY OR ST. PAIII,
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EXHiB1T "A"
Maintenance Responsibilities Ptan and Schedule
1 a. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES
PLANT
GROUPS
Evergreen Trees
Shade Trees
When To
Anytime - Dry
Anytime - Dry*
Ornamental Trees I Winter" *
Deciduous Shrubs 1 Dormant
Dormant
MAINTENANCE CONSIDERATION
PRUNING WEED FERTILIZATION
CONTROL See Table 5,
Type Of Fertilization Sched
Corrective and Maintain muich at 3" Yes
Deadwood Removal minimum around
trees in mowed areas,
Training and keep weed free. Yes
Deadwood Removai
Corrective and
Renewal
No
* Do not prune oaks during April, May and June. Do not prune Honeylocust while dormant or
when humid or wet.
** Do not prune apples, crabapples or Mountain Ash during April, May and June.
BLE 1 b. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES
MAfNTENANCE CONSIDERATION
PLANT GROUPS WATERING INSECT AND RODENT REMOVALS AND
DISEASE PROTECTION REPLACEMENTS
CONTROL
Evergreen Trees
Shade Trees
Ornamental Trees
Shrubs
Vines
Yes until established As needed.
(2 yrs.).
Remove diseased
Supplementai watering plants which pose
may be needed during threats to adjacent
drought periods plantings.
(especially during July
and August) even after
plants are established.
Yes - Pine Only Remove ali dead plants.
Yes Replace dead or dying
Yes p�ants unless the visua4
appearance or design
No> intent are not
noticeably
No* compromised by the
��� * lost plants.
co � � � No" �
* Rodent protection is generally not practicat for mass shrub plantings, maintaining ciean
muiched planting areas free of weed growth will reduce problems. Mowed turf in formal
pla�ting areas witl help reduce tode�t p�oblems.
Yes
Maintain minimum 3" Yes
woodchip mulch in a
wead free condition
until shrub crown
ctosure.
Shaat 7 nf d
��_�a�
ACTIVITY
Weed Control:
Remulch
Herbicide
Fertilization:
Turf
Insect & Disease Time of
Sunsca{d Protection
Mav I June
See Tab1e 1 a for Best Time for Specific Species.
Planting beds must be kept in a weed free condition.
OXX XXXX
Must be applied by a licensed Pesticide Applicator.
XXXX
on the
of insect or disease and when it is
Remove �
�
Watering I During first and second growing seasons approximately once a week
or as needed to maintain adequate but not excessive soil moisture.
Maintain Rodent 0000 0000 0000 0000 0000 0000
Turf Maintenance
OOX I XXXX
Mower Damage
Prevention X XXXX XXXX
Replanting
Evergreen Trees OXX XXO
Deciduous Trees OXX XXXX
Container Plants XXX XXXX XXXO
Turf O XXXX XXOO
X- Optimum Time O- Less than Optimum Time
* Undiluted white latex paint is recommended, repaint as necessary untif trees reach 4" catiper.
Sheet 2 of 4
, 9
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TABLE 2b. CALENDAR OF LAN
Weed Control:
Remulch
Herbicide
Fertilizaiion:
Turf
Insect & Disease
Sunscald Protection
Watering
Maintain Rodent
Protection
Turf Maintenance
Mower Damage
Prevention
Replanting
XXXX
August � September � October � November
See Tab4e 1 a for Best Time for Specific Species.
Planting beds must be kept in a weed free condition.
XXXX XXXX XXXX 00
Must be applied by a licensed Pesticide Applicator.
XXXX
Time of control deoends on the
of insect or d
Appty or
maintain
paint.
Install
...___ �
During first and second growing seasons approximately once a week
or as needed.
0000
XXXX
XXXX
•��•
XXXX
XXXX
XXXX
XXXX
XXXX
1:1!7
Evergreen Trees OX XXXO
Deciduous Trees OXXX XO
Container Piants 0000 OOOX XXXO
Turf 0000 OOXX XXXX 00
X- Optimum Time O- Less than Optimum Time
' Undiluted white latex paint is recommended, repaint as necessary untii trees reach 4" caliper.
Sheet 3 of 4
���La�
TABLE 3. DESCR1PTii
TYPES OE PRUNING
Disease Removal
Deadwood Remova4
Training
Renewal
METHOD
Fertilization
Herbicides
WHEN TQ PRUNE DESCRIPTION
After Diagnosis Removal of fungal bacterial growths. Sterilize pruners between
cuts.
See Table 1 Removal of dead 6ranches, normally from the interior portion of
the crown.
See Tabie 1 Maintaining the central Ieaders and acceptable symmetry in
evergreen, shade and ornamental trees. Removal of suckers and
See Table 1 Removal of storm-dama ed, vehicle-damaged or vanda(ized limbs.
See Table 1 Removing all top growth at or near the ground line and remuich.
Or removal of 1)3 of the oldest stems at the around line.
TREES
�
X
No
SHRUB BEDS
X
X
X
TURF
X
X
X
�
' Wood chip mulch should be replenished around shade trees and Iow growing shrubs every
3-5 years. Place mulch to a 4" depth. Mutching wiil he{p control weeds, reduce mower
damage and conserve moisture.
CATEGORY
Mowed Turf
Shrub Beds'
Shade Trees *
3 Years
3 Years
TIME OF APPLICATION
April or October
October or April
Octo6er or Aoril
ANALYSIS
12-12-12
12-12-12
12-12-12
RATE
25 Ibs/1000 sq. ft.
10 Ibs(1000 sq. ft.
Note: Do not fertilize trees and turf during the same season. Offset tree fertilization by one
season in order to prevent fertilizer bur� on turf.
` Plants that fix nitrogen, like Sifver Buffafoberry, Caregana, Honeyfocust, Russian Olive or other
legumes, should not be fertilized except under special conditions.
Tatl shrubs do not need to be feRilized if leaf color remains normai.
Sheet 4 of 4
C7r � '�`
DEPAR7MEM/OFFICFJCOUNGL DA7E INff1ATED t— �� \ � L �
GREEN SHEET NO. 62809
Parks and Recreation �
CONTACTPERSONANDPHONE INfiIAL/DA7E INRIAUDA7E
RebecCa Stenberg, 266-6416 � OEPARTMENTDIRECTOR �crrvcour�ca
N.eEa 2 cmnnow+er _crtvc�wc
MUST BE ON CAUNCILAGENDA 6Y (DATE) �' FW WCIAL SERVICES DIR ���.I'7GKM Z�JO GNLF
06-2399 (MnDOT needs by 6-2&99) �L�YOR(OR/SSI5TMR)� _ �
TOTALBOFSIGNANREPAGES 4�cuvau_�ocnnor,sroRS�wnn,rs� In addition, 4 signatures by a Notary are also needed.
ACTION RE�UESTED:
We would like the attached agreement to be presented to the City Council for their approval and execution. This requires
original notarized signatures of City Council authorized signatures on both copies of the agreement.
The agreement is beriveen the State of Minnesota, Dept. of Transportation and the City of Saint Paul and provides for
payment to the City of the State's share of the landscape materials acquisition by the City for use along TH 94 within the
corporate City limits, in accordance with the State's "Community Roadside Enhancement Partnership Program."
Two copies of a resolution (attached) passed by the City Council authorizing its officers to sign the agreement is also
needed. This resolution must also be notarized.
RECOMMENDATIONS: ApWOVe(A)aRejecl(ft) PERSONALSERVICECONiRACfSMUSTANSWERTNEFOLLOWING�UESTONS:
PI.ANNINGCOMMISSION _CMLSERVICECOMMISSION � H �������, x ��� e � a ����d� a K m �
CIB COMMITTEE YES NO
{� STAFF 2. Has tha parsoNfmm ever Eeen a ary employee?
— — YES NO
_DISTRICT COUNCIL _ 3. Does Nis parsoNfrm possess a akill fwt normally possesseE Ey arry arrenl aty amployea?
SUPPORTSNMICHCOUNCILOBJECTNE? YES NO
Explain all yea anawen on aeparate Meet antl attaeh W green sheet
INITIATNG PROBLEM, ISSUE, OPPORNNITY (Who, YNiat, Vvhen, Khere, Vuhy):
The City of Saint Paul has requested participation by MnDOT in the costs of landscape materials acquisition in accordance
with the terms of MnDOT's "Community Roadside Landscaping Partnership Program" and MnDOT is willing to participate
in these costs. The City perFormed landscaping along Trunk Highway No. 94 from Kittson Street to Mounds Boulevard in
accordance with plans and specifications developed under the "St. Paul - Greening the Great River Park Landscaping
Plan" (MnDOT project No. 6283-969A, T.H. 94=392) for the purposes of beau6fying and restoring native plants to this
area. This landscaping took place on May 1, 1999.
ADVANTAGESIFAPPROVEO:
The City will be reimbursed for funds already spent on the acquisition of landscape materials for this project.
01SADVANTAGESIFAPPROVED: I��LJ ��_
None. JUN 2 2 ����������
1999
DISAOVANTAGESIFNOTAPPROVED: �••(V!l ��� � ����
The City will not be reimbursed for funds already spent. ��� �� �� ��
TOTALAMOUMOFlRANSACTION � 2.95924 GOSDREVENUEBUUGEiE �e��°��"'`�s`� `�xo`��
Fur,aNC soursce CPL-C9&3T068-0738-35077 AGiMTf NUMBER �����
��
FINANCIAI INFORMATION: (EXPLAIN)
_.,.., R. ,,.,.. ,..,... .._..�_ _. ,_:.:vf-�
Council File # �Z�
ORZG�NAt�
Presented By
Referred to
Committee: Date
�1
1
2
3
4
5
6
7
8
9
10
BE IT RESOLVED that the City of Saint Paul enter into the
attached Mn/DOT Agreement No. 78759 with the State of Minnesota,
Department of Transportation for the following purposes:
To provide payment by Mn/DOT to the City of Mn/DOT's share
of the costs of the landscape construction to be performed
along Trunk Highway No. 94 from Kittson 5treet to Mounds
Boulevard within the corporate City limits under State
Project No. 6283-969A.
BE IT FURTHER RESOLVED that the Mayor and the Superintendent of
Parks and Recreation are authorized to execute the Agreement.
Requested by:
t
Divis "n of P�a
gy;� `-�— / � /
U d�t
Adopted by Council: Date ��`��1��,�
Adoption Certified by Council Secr ary
BY � \ � �d- � �-� ��
Approved Mayor: Date: �v �����
By: �
Green Sheet # _62809
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Form Approved by
BY � ��
for
to
99 �a9
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) ss.
CITY OF ST. PAUL )
�-,�' '��'
� , D���
�
I, Fred Owusu, City Clerk of the City of Saint Paul, Minnesota, do
hereby certify that 1 have compared the attached copy of Council File No.
99-629 as adopted by the City Council on July 7, 1999 and approved by the
Mayor on July 14, 1999 with the origina! thereof on file in my office.
I further certify that said copy is a true and correct copy of said
original and the whole thereof.
WITNESS, my hand and the seal of the City of Saint Paul, Minnesota
this 20th day of July, 1999.
Fred Owusu
CITY CLERK
Council File # ��pZ�
�%' QR�G�NAL
Presented By
Referred to
Committee: Date
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BE IT RESOLVED that the City of Saint Paul enter into the
attached Mn/DOT Agreement No. 78759 with the State of Minnesota,
Department of Transportation for the following purposes:
To provide payment by Mn/DOT to the City of Mn/DOT's share
of the costs of the landscape construction to be performed
along Trunk Highway No. 94 from Kittson Street to Mounds
Boulevard within the corporate City limits under State
Project No. 6283-969A.
BE IT FURTHER RESOLVED that the Mayor and the Superintendent of
Parks and Recreation are authorized to execute the Agreement.
Adopted by Council: Date �T���l���
Adoption Certi£ied by Council Secr ary
By `� � _ �- 6� �e--��..
Approved Mayor: Date: � �� �`����
gy: r /'
Green Sheet # _62809_
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Requested by:
Divis}pn o£ Parks
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Form Approved by
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BY: "�,.;
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OFFICE OF STATE OF MINNESOTA Mn/DOT
ENVIRONMENTAI, DEPARTMENT OF TRANSPORTATION AGREEMENT NO.
SERVICES LANDSCAPE PARTNERSHIP
AGREEMENT 78759
S.P. 6283-469A (T.H. 94=392)
State Funds
The State of Minnesota
Department of Transportation, and
The City of St Paul
Re: Mn/DOT cost landscape materials
acquisition by the City for use
along T.H. 94
Apqr,
AMOUNT RECEIVABLE
(None)
Mn/DOT Accounting InFormation:
VrndorNumbv.
FwW
prp/Sub
CORhdCt:
NumbedDate/Entry Cnitials
FivalYmr.
Amoum:
ORIGINAI,
AMOITNT ENCUMBEREL
S2 959 24
"� T-79
Order:
Number/Date/Signatures
/Individual signing certifies that funds have been
encumbered as required by Minn. Stat § 16A.IS.J
Budget Office:
(Authorized Signature)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
"Mn/DOT", and the City of St. Paul, Minnesota, acting by and through
its City Council, hereinafter referred to as the ��City��.
il
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WHEREAS the City is about to perform landscapir_g along Trunk Highway
No. 94 from Kittsan Street to Mounds Boulevard within the corperate
City limits in accordance with City-prepared plans, specifications
and/or special provisions designated as the "St. Paul - Greening the
Great River Park Landscaping Plan°, which project has been designated
by Mn/DOT as State Project No. 6283-969A (T.H. 94=392); ar.d
WHEREAS the City has requested participation by �InfDOT in the costs
of landscape materials acquisition in accordance with the terms of
Mn/DOT's "Community Roadside Landscaping Partnership Program"; and
WHEREAS Mn/DOT is willing to part�.cipate in the Costs of the
landscape materials acquisition as hereinafter set forth; and
WHEREAS Minnesota Statute Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authori�y for the purposes of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I- PROJECT ADMINISTRATION BY THE CITY
Section A Landscane Materials Ac�uisition
The City shall acquire landscape materials in accordance with
Mn/DOT-approved City plans, specifications andJor special provisions
designated as the "St. Paul - Greening the Great River Park
Landscaping Plan��. Landscaping shall be performed by City forces in
acccrdance with Mn/DOT-approved City plans, specifications and/or
special provisions which are on file in the City's office and in
Mn/DOT�s Office of Environmental Services in Oakdale, and are made a
part hereof by reference with the same force and effect as though
fu11y set forth herein.
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78759
Section B. Purchase Order to be Fumished to Mn/DOT
The City sha11, within 7 days afCer ordering the landscape materials,
submit to Mn/DOT's Landscape Programs Coordinator in Oakdale a copy
of the purchase order for the landscape materials.
Section C Direction Supervision and Sns�ection
Landscape materials acquisition performed in accordance with this
Agreement shall be under the direction of the City; however, the
Mn/DOT cost participatiori landscape materials to be acquired under
this Agreement shall be open to inspection by Mn/DOT's authorized
representatives. The City shall give Mn/DOT's Landscape Programs
Coordinator five days notice of its intention to receive delivery of
the landscape materials.
Responsibility for the control of the Mn/DOT cost participation
landscape materials acquisition covered under this Agreement shall be
on the City and shall be carried out in accordance with
Mn/DOT-approved City plans, specifications and/or special provisions
designated as the "St. Paul - Greening the Great River Park
Landscaping Plan".
The City must verify whether or not nursery vendors are under a Gypsy
Moth Compliance Agreement between the Minnesota Department of
Agriculture, hereinafter referred to as the "MDA", and the United
States Department of Agriculture or under an MDA Japanese Beetle
4uarantine. All plant material shipped from nursery vendors subject
to quarantines must be accompanied by a Current Certificate of
Compliance for Gypsy Moth and/or Japanese Beetle. To determine if
vendors are subject to quarantines, call the MDA Supervisor of Plant
Regulatory Services at (651) 296-8388.
Section D. Completion of Materials Ac�isition and Installation
The City shall cause the acquisition and installation of landscape
materials to be started and completed in accordance with the time
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78759
schedule in the Community Roadside Landscaping Partnership Program
Project Application, which is on file in Mn/DOT's Office of
Environmental Services and is made a part hereof by reference with
the same force and effect as though fully set forth herein. The
completion date for the landscape materials acquisition and
installation may be extended, by an exchange of letters between Che
appropriate City official and Mn/DOT's Landscape Programs
Coordinator, for unavoidable delays encountered in the performance
thereof.
S�etion E. Com�liance with Laws. Ordi*sances and Regulations
The City shall, in connection with the acquisition of the landscape
materials, comply with all Federal, State and Local laws, and all
applicable ordinances and regulations.
Section F. Right-of-Way. Easements and Permits
The City is hereby authorized to work on Mn/DOT right-of-way for the
purposes of installing and maintaining the landscape materials,
including any necessary replacement of landscape materials that fail
to survive.
The City shall, without cost or expense to Mn/DOT, obtain all
rights-of-way, easements, construction permits and/or any other
permits and sanctions that may be required in connection with the
installation of landscape materials. Prior to advance payment by
Mn/DOT, the City shall furnish Mn/DOT with certified copies of the
documents for those rights-of-way and easements, and certified copies
of those construction permits and/or other permits and sanctions
required for Mn/DOT landscaping.
ARTICLE II - MN/DOT COST
Section A Basis
Mn/DOT�s full and complete share of the costs of the landscaping to
be performed along Trunk Highway No. 94 from Kittson Street to Mounds
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78759
Boulevard within the corporate City limits under State Project
No. 6283-969A (2.H. 94=392) shall be equal to the delivered cost of
the landscaping materials acquired in accordance with the "St. Paul -
Greening the Great River Park Landscaping Plan", however, the maximum
obligation of Mn/DOT under this Agreement sha11 not exceed $6,000.00,
unless the maximum obligation is increased by execution of an
amendment to this Agreement. It is estimated that the cost of the
landscape materials acquisition is $2,959.24.
Section B. Payment
Mn/DOT shall pay to the City an amount equal to the deliverecl cost of
the landscape materials, not to exceed the maximum obligation, after
the following conditions have been met:
1. Encumbrance by Mn/DOT of Mn/DOT's total cost share.
2. Execution and approval of this Agreement and Mn/DOT's transmittal
of same to the City.
3. Receipt by MnjDOT's Landscape Programs Coordinator, from the
City, of the following:
a. Copies of the purchase orders for the landscape materials,
as provided for in Article I, Section B. of this Agreement.
b. Certified copies of the documents, as provided for in the
second paragraph of Article I, Section F. of this Agreement.
c. A written request for payment, accompanied by copies of
supplier invoices for the landscape materials acquisition
and delivery.
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78759
ARTICLE I2I - GENERAL PROVISIONS
Section A. Installation and Maintenance b� the City
After acquisition of the landscape materials, the City shall install
the landscape materials along Trunk Aighway No. 94 and provide for
the proper maintenance thereof, without cost or expense to Mn/DOT.
Maintenance shall include, but not be limited to, removal and
replacement of all materials that fail to survive. Criteria for
maintenance and replacement are shown and described in EXHIBIT "A",
Maintenance Responsibilities Plan and Schedule, which is attached
hereto and made a part hereof by reference.
Section B. Responsibilities of the Citv
The City shall, in connection with the landscape materials
acquisition, installation and maintenance, comply with the following
conditions:
1. Use of Mn/DOT right-of-way shall in no way impair or interfere
with the safety or convenience of the traveling public in its use
of the highway.
2. Preserve and protect all utilities located on lands covered by
, this Agreement, without cost or expense to Mn/DOT.
3. As required by Minnesota Statute 216D, notify Gopher State One
Call System (1-800-252-1166) at least 48 hours before any
excavation is done on this project.
4. No advertising signs or devices of any form or size shall be
constructed or sha11 be permitted to be constructed or placed
upon Mn/DOT right-of-way covered by this Agreement.
5. Upon completion of the installation of landscape materials and
during performance of maintenance operations, restore all
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'78759
disturbed areas of Mn/DOT right-of-way so as to perpetuate
satisfactory drainage, erosion control and aesthetics.
Any use of Mn/DOT right-of-way permitted by this Agreement shall
remain subordinate to the right of Mn/DOT to use the property for
highway and transportation purposes. This Agreement does not grant
any interest whatsoever in land, nor does it establish a permanent
park, recreation area or wildlife or waterfowl refuge facility that
would become subject to Section 4(f) of the Federal-Aid Highway Act
of 1968.
Section C. Examination of Books. Records, Etc
As provided by Minnesota Statute Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
Mn/DOT and the City relevant to this Agreement are subject to
examination by Mn/DOT and the City, and either the Legislative
Auditor or the State Auditor as appropriate, for a minimum of six
years £rom final payment.
Section D. Cancellation of Agreement
Mr_/DOT may cancei and terminate this Aqreement for any cause or
reason, including Mn/DOT's desire to use any portion of Mn/DOT
right-of-way subject to this Agreement for transportation purposes,
by aiving the City written notice at least 90 days prior to the date
which such termination shall become effective. Upon cancellation of
this Agreement, the City will be required to restore and return the
area to a condition satisfactory to Mn/DOT's Metropolitan Division
Engineer at Roseville.
Section E. Claims
All employees of the City and all other persons employed by the City
or volunteering in the performance of landscape materials
acquisition, installation and/or maintenance covered under this
Agreement shall not be considered employees of Mn/DOT. Al1 claims
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78759
that arise under the Worker�s Compensation Act of the State of
Minnesota on behalf of the employees or volunteers while so engaged
and all claims made by any third parties as a consequence of any act
or omission on the part of the employees or volunteers while so
engaqed on landscape materials acquisition, installation andfor
maintenance covered under this Agreement shall in no way be the
obligation or responsibility of Mn/DOT.
Section F. Nondiscrimination
The provisions of Minnesota Statute Section 181.59 and of any
applicable law relating to civil rights and discrimination shall be
considered part of this Agreement as if fu11y set forth herein.
Section G Agreement Ap�roval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
ARTICLE IV - AUTHORIZED AGENT5
Mn/DOT's Authorized Agent for the purpose of the administration of
this Agreement is Scott Bradley, Landscape Programs Coordinator, or
his succsssor. His current address and telepP�one number are
3485 Hadley Avenue North, Oakdale, Minnesota 55128, (651) 779-5076.
The City's Authorized Agent for the purpose of the administration of
this Agreement is T.K. Walling, Forester, or his successor. His
current address and telephone number are 1224 North Lexington
Parkway, St. Paul, Minnesota 55103, (651)488-7291 extension 308.
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78759
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
B � � � ��
Director
Office of Environmenta Services
By
Division Engineer
Approved:
By
State Design Engineer
Date
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
By
Assistant Attorney General
4:
Superintendent of Parks and Recreation
(Title and Date)
DEPARTMENT OF ADMINISTRATION
�
Date
� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
State of Minnesota
County of Ramsey
This Agreement was acknowledged before me this
1999, by
day of
and
(Name)
, the Mayor and
(Name) (Title)
of the City of St. Pau1, and they executed this Agreement on behalf of
the municipality intending to be bound thereby.
Notary Public
My Commission E�pires
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CITY OR ST. PAIII,
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EXHiB1T "A"
Maintenance Responsibilities Ptan and Schedule
1 a. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES
PLANT
GROUPS
Evergreen Trees
Shade Trees
When To
Anytime - Dry
Anytime - Dry*
Ornamental Trees I Winter" *
Deciduous Shrubs 1 Dormant
Dormant
MAINTENANCE CONSIDERATION
PRUNING WEED FERTILIZATION
CONTROL See Table 5,
Type Of Fertilization Sched
Corrective and Maintain muich at 3" Yes
Deadwood Removal minimum around
trees in mowed areas,
Training and keep weed free. Yes
Deadwood Removai
Corrective and
Renewal
No
* Do not prune oaks during April, May and June. Do not prune Honeylocust while dormant or
when humid or wet.
** Do not prune apples, crabapples or Mountain Ash during April, May and June.
BLE 1 b. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES
MAfNTENANCE CONSIDERATION
PLANT GROUPS WATERING INSECT AND RODENT REMOVALS AND
DISEASE PROTECTION REPLACEMENTS
CONTROL
Evergreen Trees
Shade Trees
Ornamental Trees
Shrubs
Vines
Yes until established As needed.
(2 yrs.).
Remove diseased
Supplementai watering plants which pose
may be needed during threats to adjacent
drought periods plantings.
(especially during July
and August) even after
plants are established.
Yes - Pine Only Remove ali dead plants.
Yes Replace dead or dying
Yes p�ants unless the visua4
appearance or design
No> intent are not
noticeably
No* compromised by the
��� * lost plants.
co � � � No" �
* Rodent protection is generally not practicat for mass shrub plantings, maintaining ciean
muiched planting areas free of weed growth will reduce problems. Mowed turf in formal
pla�ting areas witl help reduce tode�t p�oblems.
Yes
Maintain minimum 3" Yes
woodchip mulch in a
wead free condition
until shrub crown
ctosure.
Shaat 7 nf d
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ACTIVITY
Weed Control:
Remulch
Herbicide
Fertilization:
Turf
Insect & Disease Time of
Sunsca{d Protection
Mav I June
See Tab1e 1 a for Best Time for Specific Species.
Planting beds must be kept in a weed free condition.
OXX XXXX
Must be applied by a licensed Pesticide Applicator.
XXXX
on the
of insect or disease and when it is
Remove �
�
Watering I During first and second growing seasons approximately once a week
or as needed to maintain adequate but not excessive soil moisture.
Maintain Rodent 0000 0000 0000 0000 0000 0000
Turf Maintenance
OOX I XXXX
Mower Damage
Prevention X XXXX XXXX
Replanting
Evergreen Trees OXX XXO
Deciduous Trees OXX XXXX
Container Plants XXX XXXX XXXO
Turf O XXXX XXOO
X- Optimum Time O- Less than Optimum Time
* Undiluted white latex paint is recommended, repaint as necessary untif trees reach 4" catiper.
Sheet 2 of 4
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TABLE 2b. CALENDAR OF LAN
Weed Control:
Remulch
Herbicide
Fertilizaiion:
Turf
Insect & Disease
Sunscald Protection
Watering
Maintain Rodent
Protection
Turf Maintenance
Mower Damage
Prevention
Replanting
XXXX
August � September � October � November
See Tab4e 1 a for Best Time for Specific Species.
Planting beds must be kept in a weed free condition.
XXXX XXXX XXXX 00
Must be applied by a licensed Pesticide Applicator.
XXXX
Time of control deoends on the
of insect or d
Appty or
maintain
paint.
Install
...___ �
During first and second growing seasons approximately once a week
or as needed.
0000
XXXX
XXXX
•��•
XXXX
XXXX
XXXX
XXXX
XXXX
1:1!7
Evergreen Trees OX XXXO
Deciduous Trees OXXX XO
Container Piants 0000 OOOX XXXO
Turf 0000 OOXX XXXX 00
X- Optimum Time O- Less than Optimum Time
' Undiluted white latex paint is recommended, repaint as necessary untii trees reach 4" caliper.
Sheet 3 of 4
���La�
TABLE 3. DESCR1PTii
TYPES OE PRUNING
Disease Removal
Deadwood Remova4
Training
Renewal
METHOD
Fertilization
Herbicides
WHEN TQ PRUNE DESCRIPTION
After Diagnosis Removal of fungal bacterial growths. Sterilize pruners between
cuts.
See Table 1 Removal of dead 6ranches, normally from the interior portion of
the crown.
See Tabie 1 Maintaining the central Ieaders and acceptable symmetry in
evergreen, shade and ornamental trees. Removal of suckers and
See Table 1 Removal of storm-dama ed, vehicle-damaged or vanda(ized limbs.
See Table 1 Removing all top growth at or near the ground line and remuich.
Or removal of 1)3 of the oldest stems at the around line.
TREES
�
X
No
SHRUB BEDS
X
X
X
TURF
X
X
X
�
' Wood chip mulch should be replenished around shade trees and Iow growing shrubs every
3-5 years. Place mulch to a 4" depth. Mutching wiil he{p control weeds, reduce mower
damage and conserve moisture.
CATEGORY
Mowed Turf
Shrub Beds'
Shade Trees *
3 Years
3 Years
TIME OF APPLICATION
April or October
October or April
Octo6er or Aoril
ANALYSIS
12-12-12
12-12-12
12-12-12
RATE
25 Ibs/1000 sq. ft.
10 Ibs(1000 sq. ft.
Note: Do not fertilize trees and turf during the same season. Offset tree fertilization by one
season in order to prevent fertilizer bur� on turf.
` Plants that fix nitrogen, like Sifver Buffafoberry, Caregana, Honeyfocust, Russian Olive or other
legumes, should not be fertilized except under special conditions.
Tatl shrubs do not need to be feRilized if leaf color remains normai.
Sheet 4 of 4
C7r � '�`
DEPAR7MEM/OFFICFJCOUNGL DA7E INff1ATED t— �� \ � L �
GREEN SHEET NO. 62809
Parks and Recreation �
CONTACTPERSONANDPHONE INfiIAL/DA7E INRIAUDA7E
RebecCa Stenberg, 266-6416 � OEPARTMENTDIRECTOR �crrvcour�ca
N.eEa 2 cmnnow+er _crtvc�wc
MUST BE ON CAUNCILAGENDA 6Y (DATE) �' FW WCIAL SERVICES DIR ���.I'7GKM Z�JO GNLF
06-2399 (MnDOT needs by 6-2&99) �L�YOR(OR/SSI5TMR)� _ �
TOTALBOFSIGNANREPAGES 4�cuvau_�ocnnor,sroRS�wnn,rs� In addition, 4 signatures by a Notary are also needed.
ACTION RE�UESTED:
We would like the attached agreement to be presented to the City Council for their approval and execution. This requires
original notarized signatures of City Council authorized signatures on both copies of the agreement.
The agreement is beriveen the State of Minnesota, Dept. of Transportation and the City of Saint Paul and provides for
payment to the City of the State's share of the landscape materials acquisition by the City for use along TH 94 within the
corporate City limits, in accordance with the State's "Community Roadside Enhancement Partnership Program."
Two copies of a resolution (attached) passed by the City Council authorizing its officers to sign the agreement is also
needed. This resolution must also be notarized.
RECOMMENDATIONS: ApWOVe(A)aRejecl(ft) PERSONALSERVICECONiRACfSMUSTANSWERTNEFOLLOWING�UESTONS:
PI.ANNINGCOMMISSION _CMLSERVICECOMMISSION � H �������, x ��� e � a ����d� a K m �
CIB COMMITTEE YES NO
{� STAFF 2. Has tha parsoNfmm ever Eeen a ary employee?
— — YES NO
_DISTRICT COUNCIL _ 3. Does Nis parsoNfrm possess a akill fwt normally possesseE Ey arry arrenl aty amployea?
SUPPORTSNMICHCOUNCILOBJECTNE? YES NO
Explain all yea anawen on aeparate Meet antl attaeh W green sheet
INITIATNG PROBLEM, ISSUE, OPPORNNITY (Who, YNiat, Vvhen, Khere, Vuhy):
The City of Saint Paul has requested participation by MnDOT in the costs of landscape materials acquisition in accordance
with the terms of MnDOT's "Community Roadside Landscaping Partnership Program" and MnDOT is willing to participate
in these costs. The City perFormed landscaping along Trunk Highway No. 94 from Kittson Street to Mounds Boulevard in
accordance with plans and specifications developed under the "St. Paul - Greening the Great River Park Landscaping
Plan" (MnDOT project No. 6283-969A, T.H. 94=392) for the purposes of beau6fying and restoring native plants to this
area. This landscaping took place on May 1, 1999.
ADVANTAGESIFAPPROVEO:
The City will be reimbursed for funds already spent on the acquisition of landscape materials for this project.
01SADVANTAGESIFAPPROVED: I��LJ ��_
None. JUN 2 2 ����������
1999
DISAOVANTAGESIFNOTAPPROVED: �••(V!l ��� � ����
The City will not be reimbursed for funds already spent. ��� �� �� ��
TOTALAMOUMOFlRANSACTION � 2.95924 GOSDREVENUEBUUGEiE �e��°��"'`�s`� `�xo`��
Fur,aNC soursce CPL-C9&3T068-0738-35077 AGiMTf NUMBER �����
��
FINANCIAI INFORMATION: (EXPLAIN)
_.,.., R. ,,.,.. ,..,... .._..�_ _. ,_:.:vf-�
Council File # �Z�
ORZG�NAt�
Presented By
Referred to
Committee: Date
�1
1
2
3
4
5
6
7
8
9
10
BE IT RESOLVED that the City of Saint Paul enter into the
attached Mn/DOT Agreement No. 78759 with the State of Minnesota,
Department of Transportation for the following purposes:
To provide payment by Mn/DOT to the City of Mn/DOT's share
of the costs of the landscape construction to be performed
along Trunk Highway No. 94 from Kittson 5treet to Mounds
Boulevard within the corporate City limits under State
Project No. 6283-969A.
BE IT FURTHER RESOLVED that the Mayor and the Superintendent of
Parks and Recreation are authorized to execute the Agreement.
Requested by:
t
Divis "n of P�a
gy;� `-�— / � /
U d�t
Adopted by Council: Date ��`��1��,�
Adoption Certified by Council Secr ary
BY � \ � �d- � �-� ��
Approved Mayor: Date: �v �����
By: �
Green Sheet # _62809
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Form Approved by
BY � ��
for
to
99 �a9
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) ss.
CITY OF ST. PAUL )
�-,�' '��'
� , D���
�
I, Fred Owusu, City Clerk of the City of Saint Paul, Minnesota, do
hereby certify that 1 have compared the attached copy of Council File No.
99-629 as adopted by the City Council on July 7, 1999 and approved by the
Mayor on July 14, 1999 with the origina! thereof on file in my office.
I further certify that said copy is a true and correct copy of said
original and the whole thereof.
WITNESS, my hand and the seal of the City of Saint Paul, Minnesota
this 20th day of July, 1999.
Fred Owusu
CITY CLERK
Council File # ��pZ�
�%' QR�G�NAL
Presented By
Referred to
Committee: Date
1
2
3
4
5
6
7
8
9
10
BE IT RESOLVED that the City of Saint Paul enter into the
attached Mn/DOT Agreement No. 78759 with the State of Minnesota,
Department of Transportation for the following purposes:
To provide payment by Mn/DOT to the City of Mn/DOT's share
of the costs of the landscape construction to be performed
along Trunk Highway No. 94 from Kittson Street to Mounds
Boulevard within the corporate City limits under State
Project No. 6283-969A.
BE IT FURTHER RESOLVED that the Mayor and the Superintendent of
Parks and Recreation are authorized to execute the Agreement.
Adopted by Council: Date �T���l���
Adoption Certi£ied by Council Secr ary
By `� � _ �- 6� �e--��..
Approved Mayor: Date: � �� �`����
gy: r /'
Green Sheet # _62809_
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Requested by:
Divis}pn o£ Parks
�>'"
B ;;� �.t , I/i/
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Form Approved by
�
BY: "�,.;
��
�
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OFFICE OF STATE OF MINNESOTA Mn/DOT
ENVIRONMENTAI, DEPARTMENT OF TRANSPORTATION AGREEMENT NO.
SERVICES LANDSCAPE PARTNERSHIP
AGREEMENT 78759
S.P. 6283-469A (T.H. 94=392)
State Funds
The State of Minnesota
Department of Transportation, and
The City of St Paul
Re: Mn/DOT cost landscape materials
acquisition by the City for use
along T.H. 94
Apqr,
AMOUNT RECEIVABLE
(None)
Mn/DOT Accounting InFormation:
VrndorNumbv.
FwW
prp/Sub
CORhdCt:
NumbedDate/Entry Cnitials
FivalYmr.
Amoum:
ORIGINAI,
AMOITNT ENCUMBEREL
S2 959 24
"� T-79
Order:
Number/Date/Signatures
/Individual signing certifies that funds have been
encumbered as required by Minn. Stat § 16A.IS.J
Budget Office:
(Authorized Signature)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
"Mn/DOT", and the City of St. Paul, Minnesota, acting by and through
its City Council, hereinafter referred to as the ��City��.
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WHEREAS the City is about to perform landscapir_g along Trunk Highway
No. 94 from Kittsan Street to Mounds Boulevard within the corperate
City limits in accordance with City-prepared plans, specifications
and/or special provisions designated as the "St. Paul - Greening the
Great River Park Landscaping Plan°, which project has been designated
by Mn/DOT as State Project No. 6283-969A (T.H. 94=392); ar.d
WHEREAS the City has requested participation by �InfDOT in the costs
of landscape materials acquisition in accordance with the terms of
Mn/DOT's "Community Roadside Landscaping Partnership Program"; and
WHEREAS Mn/DOT is willing to part�.cipate in the Costs of the
landscape materials acquisition as hereinafter set forth; and
WHEREAS Minnesota Statute Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authori�y for the purposes of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I- PROJECT ADMINISTRATION BY THE CITY
Section A Landscane Materials Ac�uisition
The City shall acquire landscape materials in accordance with
Mn/DOT-approved City plans, specifications andJor special provisions
designated as the "St. Paul - Greening the Great River Park
Landscaping Plan��. Landscaping shall be performed by City forces in
acccrdance with Mn/DOT-approved City plans, specifications and/or
special provisions which are on file in the City's office and in
Mn/DOT�s Office of Environmental Services in Oakdale, and are made a
part hereof by reference with the same force and effect as though
fu11y set forth herein.
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78759
Section B. Purchase Order to be Fumished to Mn/DOT
The City sha11, within 7 days afCer ordering the landscape materials,
submit to Mn/DOT's Landscape Programs Coordinator in Oakdale a copy
of the purchase order for the landscape materials.
Section C Direction Supervision and Sns�ection
Landscape materials acquisition performed in accordance with this
Agreement shall be under the direction of the City; however, the
Mn/DOT cost participatiori landscape materials to be acquired under
this Agreement shall be open to inspection by Mn/DOT's authorized
representatives. The City shall give Mn/DOT's Landscape Programs
Coordinator five days notice of its intention to receive delivery of
the landscape materials.
Responsibility for the control of the Mn/DOT cost participation
landscape materials acquisition covered under this Agreement shall be
on the City and shall be carried out in accordance with
Mn/DOT-approved City plans, specifications and/or special provisions
designated as the "St. Paul - Greening the Great River Park
Landscaping Plan".
The City must verify whether or not nursery vendors are under a Gypsy
Moth Compliance Agreement between the Minnesota Department of
Agriculture, hereinafter referred to as the "MDA", and the United
States Department of Agriculture or under an MDA Japanese Beetle
4uarantine. All plant material shipped from nursery vendors subject
to quarantines must be accompanied by a Current Certificate of
Compliance for Gypsy Moth and/or Japanese Beetle. To determine if
vendors are subject to quarantines, call the MDA Supervisor of Plant
Regulatory Services at (651) 296-8388.
Section D. Completion of Materials Ac�isition and Installation
The City shall cause the acquisition and installation of landscape
materials to be started and completed in accordance with the time
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78759
schedule in the Community Roadside Landscaping Partnership Program
Project Application, which is on file in Mn/DOT's Office of
Environmental Services and is made a part hereof by reference with
the same force and effect as though fully set forth herein. The
completion date for the landscape materials acquisition and
installation may be extended, by an exchange of letters between Che
appropriate City official and Mn/DOT's Landscape Programs
Coordinator, for unavoidable delays encountered in the performance
thereof.
S�etion E. Com�liance with Laws. Ordi*sances and Regulations
The City shall, in connection with the acquisition of the landscape
materials, comply with all Federal, State and Local laws, and all
applicable ordinances and regulations.
Section F. Right-of-Way. Easements and Permits
The City is hereby authorized to work on Mn/DOT right-of-way for the
purposes of installing and maintaining the landscape materials,
including any necessary replacement of landscape materials that fail
to survive.
The City shall, without cost or expense to Mn/DOT, obtain all
rights-of-way, easements, construction permits and/or any other
permits and sanctions that may be required in connection with the
installation of landscape materials. Prior to advance payment by
Mn/DOT, the City shall furnish Mn/DOT with certified copies of the
documents for those rights-of-way and easements, and certified copies
of those construction permits and/or other permits and sanctions
required for Mn/DOT landscaping.
ARTICLE II - MN/DOT COST
Section A Basis
Mn/DOT�s full and complete share of the costs of the landscaping to
be performed along Trunk Highway No. 94 from Kittson Street to Mounds
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78759
Boulevard within the corporate City limits under State Project
No. 6283-969A (2.H. 94=392) shall be equal to the delivered cost of
the landscaping materials acquired in accordance with the "St. Paul -
Greening the Great River Park Landscaping Plan", however, the maximum
obligation of Mn/DOT under this Agreement sha11 not exceed $6,000.00,
unless the maximum obligation is increased by execution of an
amendment to this Agreement. It is estimated that the cost of the
landscape materials acquisition is $2,959.24.
Section B. Payment
Mn/DOT shall pay to the City an amount equal to the deliverecl cost of
the landscape materials, not to exceed the maximum obligation, after
the following conditions have been met:
1. Encumbrance by Mn/DOT of Mn/DOT's total cost share.
2. Execution and approval of this Agreement and Mn/DOT's transmittal
of same to the City.
3. Receipt by MnjDOT's Landscape Programs Coordinator, from the
City, of the following:
a. Copies of the purchase orders for the landscape materials,
as provided for in Article I, Section B. of this Agreement.
b. Certified copies of the documents, as provided for in the
second paragraph of Article I, Section F. of this Agreement.
c. A written request for payment, accompanied by copies of
supplier invoices for the landscape materials acquisition
and delivery.
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78759
ARTICLE I2I - GENERAL PROVISIONS
Section A. Installation and Maintenance b� the City
After acquisition of the landscape materials, the City shall install
the landscape materials along Trunk Aighway No. 94 and provide for
the proper maintenance thereof, without cost or expense to Mn/DOT.
Maintenance shall include, but not be limited to, removal and
replacement of all materials that fail to survive. Criteria for
maintenance and replacement are shown and described in EXHIBIT "A",
Maintenance Responsibilities Plan and Schedule, which is attached
hereto and made a part hereof by reference.
Section B. Responsibilities of the Citv
The City shall, in connection with the landscape materials
acquisition, installation and maintenance, comply with the following
conditions:
1. Use of Mn/DOT right-of-way shall in no way impair or interfere
with the safety or convenience of the traveling public in its use
of the highway.
2. Preserve and protect all utilities located on lands covered by
, this Agreement, without cost or expense to Mn/DOT.
3. As required by Minnesota Statute 216D, notify Gopher State One
Call System (1-800-252-1166) at least 48 hours before any
excavation is done on this project.
4. No advertising signs or devices of any form or size shall be
constructed or sha11 be permitted to be constructed or placed
upon Mn/DOT right-of-way covered by this Agreement.
5. Upon completion of the installation of landscape materials and
during performance of maintenance operations, restore all
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disturbed areas of Mn/DOT right-of-way so as to perpetuate
satisfactory drainage, erosion control and aesthetics.
Any use of Mn/DOT right-of-way permitted by this Agreement shall
remain subordinate to the right of Mn/DOT to use the property for
highway and transportation purposes. This Agreement does not grant
any interest whatsoever in land, nor does it establish a permanent
park, recreation area or wildlife or waterfowl refuge facility that
would become subject to Section 4(f) of the Federal-Aid Highway Act
of 1968.
Section C. Examination of Books. Records, Etc
As provided by Minnesota Statute Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
Mn/DOT and the City relevant to this Agreement are subject to
examination by Mn/DOT and the City, and either the Legislative
Auditor or the State Auditor as appropriate, for a minimum of six
years £rom final payment.
Section D. Cancellation of Agreement
Mr_/DOT may cancei and terminate this Aqreement for any cause or
reason, including Mn/DOT's desire to use any portion of Mn/DOT
right-of-way subject to this Agreement for transportation purposes,
by aiving the City written notice at least 90 days prior to the date
which such termination shall become effective. Upon cancellation of
this Agreement, the City will be required to restore and return the
area to a condition satisfactory to Mn/DOT's Metropolitan Division
Engineer at Roseville.
Section E. Claims
All employees of the City and all other persons employed by the City
or volunteering in the performance of landscape materials
acquisition, installation and/or maintenance covered under this
Agreement shall not be considered employees of Mn/DOT. Al1 claims
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78759
that arise under the Worker�s Compensation Act of the State of
Minnesota on behalf of the employees or volunteers while so engaged
and all claims made by any third parties as a consequence of any act
or omission on the part of the employees or volunteers while so
engaqed on landscape materials acquisition, installation andfor
maintenance covered under this Agreement shall in no way be the
obligation or responsibility of Mn/DOT.
Section F. Nondiscrimination
The provisions of Minnesota Statute Section 181.59 and of any
applicable law relating to civil rights and discrimination shall be
considered part of this Agreement as if fu11y set forth herein.
Section G Agreement Ap�roval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
ARTICLE IV - AUTHORIZED AGENT5
Mn/DOT's Authorized Agent for the purpose of the administration of
this Agreement is Scott Bradley, Landscape Programs Coordinator, or
his succsssor. His current address and telepP�one number are
3485 Hadley Avenue North, Oakdale, Minnesota 55128, (651) 779-5076.
The City's Authorized Agent for the purpose of the administration of
this Agreement is T.K. Walling, Forester, or his successor. His
current address and telephone number are 1224 North Lexington
Parkway, St. Paul, Minnesota 55103, (651)488-7291 extension 308.
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IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
B � � � ��
Director
Office of Environmenta Services
By
Division Engineer
Approved:
By
State Design Engineer
Date
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
By
Assistant Attorney General
4:
Superintendent of Parks and Recreation
(Title and Date)
DEPARTMENT OF ADMINISTRATION
�
Date
� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
State of Minnesota
County of Ramsey
This Agreement was acknowledged before me this
1999, by
day of
and
(Name)
, the Mayor and
(Name) (Title)
of the City of St. Pau1, and they executed this Agreement on behalf of
the municipality intending to be bound thereby.
Notary Public
My Commission E�pires
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CITY OR ST. PAIII,
�� -�a-�
EXHiB1T "A"
Maintenance Responsibilities Ptan and Schedule
1 a. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES
PLANT
GROUPS
Evergreen Trees
Shade Trees
When To
Anytime - Dry
Anytime - Dry*
Ornamental Trees I Winter" *
Deciduous Shrubs 1 Dormant
Dormant
MAINTENANCE CONSIDERATION
PRUNING WEED FERTILIZATION
CONTROL See Table 5,
Type Of Fertilization Sched
Corrective and Maintain muich at 3" Yes
Deadwood Removal minimum around
trees in mowed areas,
Training and keep weed free. Yes
Deadwood Removai
Corrective and
Renewal
No
* Do not prune oaks during April, May and June. Do not prune Honeylocust while dormant or
when humid or wet.
** Do not prune apples, crabapples or Mountain Ash during April, May and June.
BLE 1 b. REQUIRED LANDSCAPE MAINTENANCE ACTIVITIES
MAfNTENANCE CONSIDERATION
PLANT GROUPS WATERING INSECT AND RODENT REMOVALS AND
DISEASE PROTECTION REPLACEMENTS
CONTROL
Evergreen Trees
Shade Trees
Ornamental Trees
Shrubs
Vines
Yes until established As needed.
(2 yrs.).
Remove diseased
Supplementai watering plants which pose
may be needed during threats to adjacent
drought periods plantings.
(especially during July
and August) even after
plants are established.
Yes - Pine Only Remove ali dead plants.
Yes Replace dead or dying
Yes p�ants unless the visua4
appearance or design
No> intent are not
noticeably
No* compromised by the
��� * lost plants.
co � � � No" �
* Rodent protection is generally not practicat for mass shrub plantings, maintaining ciean
muiched planting areas free of weed growth will reduce problems. Mowed turf in formal
pla�ting areas witl help reduce tode�t p�oblems.
Yes
Maintain minimum 3" Yes
woodchip mulch in a
wead free condition
until shrub crown
ctosure.
Shaat 7 nf d
��_�a�
ACTIVITY
Weed Control:
Remulch
Herbicide
Fertilization:
Turf
Insect & Disease Time of
Sunsca{d Protection
Mav I June
See Tab1e 1 a for Best Time for Specific Species.
Planting beds must be kept in a weed free condition.
OXX XXXX
Must be applied by a licensed Pesticide Applicator.
XXXX
on the
of insect or disease and when it is
Remove �
�
Watering I During first and second growing seasons approximately once a week
or as needed to maintain adequate but not excessive soil moisture.
Maintain Rodent 0000 0000 0000 0000 0000 0000
Turf Maintenance
OOX I XXXX
Mower Damage
Prevention X XXXX XXXX
Replanting
Evergreen Trees OXX XXO
Deciduous Trees OXX XXXX
Container Plants XXX XXXX XXXO
Turf O XXXX XXOO
X- Optimum Time O- Less than Optimum Time
* Undiluted white latex paint is recommended, repaint as necessary untif trees reach 4" catiper.
Sheet 2 of 4
, 9
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TABLE 2b. CALENDAR OF LAN
Weed Control:
Remulch
Herbicide
Fertilizaiion:
Turf
Insect & Disease
Sunscald Protection
Watering
Maintain Rodent
Protection
Turf Maintenance
Mower Damage
Prevention
Replanting
XXXX
August � September � October � November
See Tab4e 1 a for Best Time for Specific Species.
Planting beds must be kept in a weed free condition.
XXXX XXXX XXXX 00
Must be applied by a licensed Pesticide Applicator.
XXXX
Time of control deoends on the
of insect or d
Appty or
maintain
paint.
Install
...___ �
During first and second growing seasons approximately once a week
or as needed.
0000
XXXX
XXXX
•��•
XXXX
XXXX
XXXX
XXXX
XXXX
1:1!7
Evergreen Trees OX XXXO
Deciduous Trees OXXX XO
Container Piants 0000 OOOX XXXO
Turf 0000 OOXX XXXX 00
X- Optimum Time O- Less than Optimum Time
' Undiluted white latex paint is recommended, repaint as necessary untii trees reach 4" caliper.
Sheet 3 of 4
���La�
TABLE 3. DESCR1PTii
TYPES OE PRUNING
Disease Removal
Deadwood Remova4
Training
Renewal
METHOD
Fertilization
Herbicides
WHEN TQ PRUNE DESCRIPTION
After Diagnosis Removal of fungal bacterial growths. Sterilize pruners between
cuts.
See Table 1 Removal of dead 6ranches, normally from the interior portion of
the crown.
See Tabie 1 Maintaining the central Ieaders and acceptable symmetry in
evergreen, shade and ornamental trees. Removal of suckers and
See Table 1 Removal of storm-dama ed, vehicle-damaged or vanda(ized limbs.
See Table 1 Removing all top growth at or near the ground line and remuich.
Or removal of 1)3 of the oldest stems at the around line.
TREES
�
X
No
SHRUB BEDS
X
X
X
TURF
X
X
X
�
' Wood chip mulch should be replenished around shade trees and Iow growing shrubs every
3-5 years. Place mulch to a 4" depth. Mutching wiil he{p control weeds, reduce mower
damage and conserve moisture.
CATEGORY
Mowed Turf
Shrub Beds'
Shade Trees *
3 Years
3 Years
TIME OF APPLICATION
April or October
October or April
Octo6er or Aoril
ANALYSIS
12-12-12
12-12-12
12-12-12
RATE
25 Ibs/1000 sq. ft.
10 Ibs(1000 sq. ft.
Note: Do not fertilize trees and turf during the same season. Offset tree fertilization by one
season in order to prevent fertilizer bur� on turf.
` Plants that fix nitrogen, like Sifver Buffafoberry, Caregana, Honeyfocust, Russian Olive or other
legumes, should not be fertilized except under special conditions.
Tatl shrubs do not need to be feRilized if leaf color remains normai.
Sheet 4 of 4
C7r � '�`
DEPAR7MEM/OFFICFJCOUNGL DA7E INff1ATED t— �� \ � L �
GREEN SHEET NO. 62809
Parks and Recreation �
CONTACTPERSONANDPHONE INfiIAL/DA7E INRIAUDA7E
RebecCa Stenberg, 266-6416 � OEPARTMENTDIRECTOR �crrvcour�ca
N.eEa 2 cmnnow+er _crtvc�wc
MUST BE ON CAUNCILAGENDA 6Y (DATE) �' FW WCIAL SERVICES DIR ���.I'7GKM Z�JO GNLF
06-2399 (MnDOT needs by 6-2&99) �L�YOR(OR/SSI5TMR)� _ �
TOTALBOFSIGNANREPAGES 4�cuvau_�ocnnor,sroRS�wnn,rs� In addition, 4 signatures by a Notary are also needed.
ACTION RE�UESTED:
We would like the attached agreement to be presented to the City Council for their approval and execution. This requires
original notarized signatures of City Council authorized signatures on both copies of the agreement.
The agreement is beriveen the State of Minnesota, Dept. of Transportation and the City of Saint Paul and provides for
payment to the City of the State's share of the landscape materials acquisition by the City for use along TH 94 within the
corporate City limits, in accordance with the State's "Community Roadside Enhancement Partnership Program."
Two copies of a resolution (attached) passed by the City Council authorizing its officers to sign the agreement is also
needed. This resolution must also be notarized.
RECOMMENDATIONS: ApWOVe(A)aRejecl(ft) PERSONALSERVICECONiRACfSMUSTANSWERTNEFOLLOWING�UESTONS:
PI.ANNINGCOMMISSION _CMLSERVICECOMMISSION � H �������, x ��� e � a ����d� a K m �
CIB COMMITTEE YES NO
{� STAFF 2. Has tha parsoNfmm ever Eeen a ary employee?
— — YES NO
_DISTRICT COUNCIL _ 3. Does Nis parsoNfrm possess a akill fwt normally possesseE Ey arry arrenl aty amployea?
SUPPORTSNMICHCOUNCILOBJECTNE? YES NO
Explain all yea anawen on aeparate Meet antl attaeh W green sheet
INITIATNG PROBLEM, ISSUE, OPPORNNITY (Who, YNiat, Vvhen, Khere, Vuhy):
The City of Saint Paul has requested participation by MnDOT in the costs of landscape materials acquisition in accordance
with the terms of MnDOT's "Community Roadside Landscaping Partnership Program" and MnDOT is willing to participate
in these costs. The City perFormed landscaping along Trunk Highway No. 94 from Kittson Street to Mounds Boulevard in
accordance with plans and specifications developed under the "St. Paul - Greening the Great River Park Landscaping
Plan" (MnDOT project No. 6283-969A, T.H. 94=392) for the purposes of beau6fying and restoring native plants to this
area. This landscaping took place on May 1, 1999.
ADVANTAGESIFAPPROVEO:
The City will be reimbursed for funds already spent on the acquisition of landscape materials for this project.
01SADVANTAGESIFAPPROVED: I��LJ ��_
None. JUN 2 2 ����������
1999
DISAOVANTAGESIFNOTAPPROVED: �••(V!l ��� � ����
The City will not be reimbursed for funds already spent. ��� �� �� ��
TOTALAMOUMOFlRANSACTION � 2.95924 GOSDREVENUEBUUGEiE �e��°��"'`�s`� `�xo`��
Fur,aNC soursce CPL-C9&3T068-0738-35077 AGiMTf NUMBER �����
��
FINANCIAI INFORMATION: (EXPLAIN)
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