PCA 04/17/2019
MEMORANDUM
Date: April 10, 2019
To: Planning Commission – April 17, 2019 Meeting
From: Deborah Dahl, Director, Community Services and Employee Resources
Scott Hickok, Community Development Director
Stacy Stromberg, Planner
RE: JOINT POWERS AGREEMENT – CITY OF FRIDLEY AND ANOKA COUNTY
Staff is asking for a recommendation of support from the Planning Commission for the Fridley
City Council to adopt the attached Joint Powers Agreement (JPA) between the City of Fridley
and Anoka County. This JPA involves a change in the in the regional trail and right of way
easement due to the Civic Campus and Locke Park Pointe development.
The Parks and Recreation Commission recommended approval of the agreement at their April 1,
2019 meeting. City code requires that any related community planning and comprehensive City
goals and policies recommended by the Park and Recreation Commission also be reviewed by
the Planning Commission with a recommendation to Council.
History
The County and City are careful to protect park size (the square foot dimensions) within our
regional park system. Park size is an important qualifier in the regional system and Locke Park is
certainly an important part of that larger system. Having a Regional Park designation qualifies
the Park System for grant dollars to be used to enhance that park system. As such, when the City
sought to create a new parkway for the Locke Park Pointe Development, it was understood that
there would be no net loss of parkland. So, if we needed land to be dedicated to the future
parkway project, then other land should be used to replace it.
A redefinition of the park boundary, using additional City land that was not originally part of
Locke Park area managed by the County, was provided to allow a no net loss of park dimension.
This land was part of the soccer field area that was not part of Locke Park.
Related reminder: The City owns the land that is Locke Park. Anoka County Parks manage the
park as part of the larger regional system. So, when we talk about exchanging land it is simply a
matter of us redefining the line where Anoka County parks would manage and be able to count
as a regional park.
The Trail
The regional trail existed at a time when Anoka County owned the Columbia Arena. Both parties
knew the trail would eventually need to be relocated as redevelopment of the Columbia Arena
advanced. The City and County worked together to assure the regional trail would have a
suitable new home and easement. The trail will now exist on the south side of Locke Parkway,
behind the curb and it will have a 15 foot wide easement to memorialize and protect its future.
Action Needed
The proposed Joint Powers Agreement is attached along with the map identifying the trail and
boundary changes. Documents have been reviewed and approved by staff and the City
Attorney.
If approved by the Planning Commission, the next step will be to bring to the City Council for
their approval. Then it will go before the Anoka County Commission and Metropolitan Council
for final approval.
Anoka County Contract No. C0007070
JOINT POWERS AGREEMENT
BETWEEN ANOKA COUNTY AND THE CITY OF FRIDLEY
FOR CONVEYANCE OF RIGHT OF WAY AND TRAIL EASEMENT
This Joint Powers Agreement (JPA) is made and entered into this ____ day of
______________, 2019, by and between the County of Anoka, a political subdivision of the
State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303 ("County”)and the City of
Fridley,a municipal corporation under the laws of the State of Minnesota, 7071University
Avenue NE, Fridley, Minnesota 55432(“City”).
WITNESSETH
WHEREAS, the City is in the process of completing its new Civic Campus at Locke Park
Pointe, the former Columbia Arena site, in Fridley, Minnesota; and
st
WHEREAS, the City plans toconstruct a road which will provide access from 71
Avenue N.E. to the CivicCenter campus, Locke County Park,and adjacent residential
development (the “Project”); and
WHEREAS,the road improvements will require the use of certain park land on the
western edge of Locke Park, which will then be compensated by the City through the
conveyance of replacement park land to be added to the park boundary, as depicted in Exhibit
A; and
WHEREAS, the City also agrees to convey a TrailEasement to the County, running over
the southerly fifteen feet of the Lock Parkwayright-of-way, adjacent to the residential
developments, that will serve as part of the Rice Creek West Regional Trail and willprovide
public access to Locke Park; and
WHEREAS, it is in the interest of each jurisdiction to collaboratein this Project regarding
the road configuration, replacement park land,and trail facilitiesthatbenefitbothlocaland
county area residents;and
WHEREAS, access to parks, trails, and recreation areas are essential to the quality of
life, health, and welfare of the residents of the City, the County, and the region; and
WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the State to enter
into joint powers agreements for the joint exercise of powers common to each.
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NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED AS FOLLOWS:
I.PURPOSE
The parties have joined together to enable the City to construct a roadway
(LockeParkway) as part of its overall Civic Campus project at Locke Point Park, which includes
a large residential development. The parcelsand land areasinvolved in the Project are legally
described and depicted in a series of exhibits,attached hereto and incorporated herein.
Further, it is the purpose of this Joint Powers Agreement (“Agreement”) to provide for the
planning, conveyance of property, construction, and costs necessary to complete the Project
and provide for the ongoing operation and maintenanceof the Project.
II.REPLACEMENT PARK LAND
The City plans to construct a road on the westerly edge of Locke Park,which is currently
owned by the City but situated within the regional park boundary. Inexchange for the City’s use
of park land for its right of way, the City shall provide andidentifyreplacement park land, to be
added to the boundary forRice Creek West Regional TrailCorridor.Theproposed right of way
Exhibit A
to be removed from the park boundaryandthe replacement park land are depicted in
ExhibitB
andlegally describedinparagraphs (1) and (2) of ,attached hereto.
III.CONVEYANCE OF TRAIL EASEMENT
The regional trail lies within Outlot D of the Locke Park Pointe plat. As part of the
Project, a portion of regional trail will be relocated and shifted south fromits original location, as
Exhibit AExhibit B
depicted inand legally described inparagraph (3) of.The City will
construct the portion of regional trail depicted herein within one (1) year of this Agreement, and
shall convey to the County a 15-foot-wide Permanent Easement for trail purposes over the Rice
Creek West Regional Trail alignment,to provide public access to Locke Park and the regional
trail.A “preliminary description” of the trail easement area is included in paragraph(4) of
Exhibit B
, and is subject to modification by agreement of the parties. The parties agree that the
easement will not be finalized or recorded until substantial completion of the Project. The parties
further agree to work together in achievinga final description of the trail easement as soon as
reasonably possible during completion of the Project.The Cityshall maintain the portion of the
regional trail located within the residential development,asdescribed in Section VIII. below.
IV.METHODS AND COST ALLOCATION
a.Planning and Design
The City shall provide for the planning, engineering, construction, and
construction administration for the Projectsolely at the City’s expense.The City shall be
responsible for all engineering and design services and will prepare plans and specifications for
the Project in consultation with the County. The regional trail shall be reconstructed to Anoka
County’s specifications.
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b.Bidding/Construction
The City shall do the calling for all bids and the accepting of all bid proposals,
and shall cause the construction of the Project in conformance with the approved plans and
specifications. After receipt of all necessary governmental approvals, the City shall cause the
commencement of the Project's construction, shall keep the County informed of its progress,
and shall manage the Project through to completion.
c.Trail Closure and Detour Routes
Since the construction of the Project will necessitate short-term, temporary
closures and re-routing of the Rice Creek West Regional Trail, the City will provide detour
ExhibitC1
routes,as depicted in , attached hereto, to ensure public access to Locke County
Parkand to the regional trail adjacent to the Project. The City will post signage, as depicted in
Exhibit C2
, at all times during construction to inform the public of the locations of trail closures
and detour routes.
d.RestorationActivities
The City shallrestore, at its own cost, allareasof County property that are
disturbed or damaged during the Project, including anypark landandthe regional trail, if
impacted. Any damaged areas shall be restored to Anoka County’s specifications.
V.TERM / TERMINATION
This Agreement shall become effective immediately upon signing and willremain in
effect until the Project and all restoration activities are completed, with exceptionof the
ownership and maintenance provisionsin Section VIII., which shallcontinue indefinitely.
VI.STRICT ACCOUNTABILITY
A strict accounting shall be made of all funds and reports of all receipts and
disbursements shall be made upon request by either party.
VII.OWNERSHIP AND MAINTENANCE OF IMPROVEMENTS
The City shall own and maintain all improvements within the Project, with the exception
of the Trail Easement as described in Section III, above. The City will maintain that portion of
the regional trail withinOutlot D, including mowing, trash pick-up, crack-sealing, pothole repairs,
stormwater maintenance and any other repairs or maintenance needed within Outlot D. The
County is responsible to plow the trail in the winter and for regional trail construction.Any
damage caused to the regional trail from activities or construction performed by the City or its
contractorsshall be restored by the Cityat its sole costto theoriginal conditionof the trail
before the damage occurred.
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VIII.NOTICES
For purposes of delivery of any notices hereunder, the notice shall be effective if
delivered to the County Adminstrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota
55303, on behalf of the County, and to the City Administratorfor the City of Fridley,7071
University Avenue NE, Fridley, Minnesota 55432,on behalf of the City.
IX.INDEMNIFICATION/ INSURANCE
Subject to exceptions and limitations provided by law, including but not limited to those
contained in Minnesota Statutes, Chapter 466, the City agrees to indemnify and hold harmless
the County from any claims, losses, costs, expenses or damages resulting from the acts or
omissions of its respective officers, agents, or employees relating to activities conducted under
Exhibit D
this Agreement. The City shall maintain the insurance as set forthin and shall name
the County of Anoka as additional insured on any such policies.
X.SEVERABILITY
Should any portion, term, condition, or provision of this Agreement be decided by a
court of competent jurisdiction to be illegal or in conflicts with any laws of the State of
Minnesota, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining
portions, terms, conditions and provisions shall not be affected thereby.
XI.AMENDMENT
Any alterations, variations, modifications or amendments to the provisions of this
Agreement shall be valid only when they have been reduced to writing and duly signed by the
parties.
XII.ENTIRE AGREEMENT
It is understood and agreed that the entire agreement of the parties is contained herein
and that this Agreement supersedes all oral agreements and all negotiations between the
parties relating to the subjectmatter thereof, as well as any previous agreement presently in
effect between the parties to the subject matter thereof.
\[Signature page follows\]
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IN WITNESS WHEREOF, the partiesof this Agreement have hereunto set their hands
on the dates written below:
COUNTY OF ANOKACITY OF FRIDLEY:
By:___________________________By: ___________________________
Rhonda Sivarajah, ChairScott Lund
County Board of CommissionersMayor
Dated: _________________________Dated: _________________________
ATTEST
By:___________________________By: ___________________________
Jerry SomaWally Wysopal
County AdministratorCity Manager
Dated: _________________________Dated: _________________________
APPROVED AS TO FORM
By:___________________________By: ______________________________
Christine CarneyAttorney for the City
Assistant County Attorney
Dated: _________________________Dated: _________________________
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