Resolution No. 2022-126 Terminating JPA w/Anoka County for Rice Creek West Regional Trail
Resolution No. 2022-126
Terminating the 1980 Joint Powers Agreement Between the City of Fridley and Anoka
County Regarding Rice Creek West Regional Trail (Locke Park, Plaza Park, and Locke Lake
Park)
Whereas, the City of Fridley (City) and Anoka County (County) entered into a Joint Powers
Agreement (JPA) on July 17, 1980; and
Whereas, the JPA was put in place for the purpose of promoting the efficient development,
operation and maintenance of the recreational facilities known as Locke Park, Locke Lake Park,
and Plaza Park to serve the recreational needs and interests of park users; and
Whereas, the properties described are known as Locke Park, Locke Lake Park and Plaza Park were
to be governed by Anoka County Ordinance No. 70-2, as amended by Ordinance No. 80-6, an
Ordinance Regulating County Parks; and
Whereas, the intent of the agreement was to outline the responsibilities of the City and County
in the areas of development, operations and maintenance of Locke Park, Locke Lake Park, and
Plaza Park; and
Whereas, the JPA established that the County’s responsibilities were to include routine
maintenance on a scheduled basis by the County Parks Department of the grounds, buildings,
and picnic shelter, at a minimum in accordance with the standards of the County Parks
Department as provided for in the Master Plan attached to the JPA; and
Whereas, the standards established in the JPA were adjusted without the City’s consent and not
all of the standards were met by the County; and
Whereas, the JPA established that the County in accordance with the agreement was to provide
other maintenance services including, but not limited to cutting grass, controlling noxious weeds
and grasses, picking up and removing litter, removing snow, providing wash-out repairs, at a
minimum and in accordance with the standards of the County Parks Department as provided for
in the Master Plan; and
Whereas, the Council finds that these standards as established in the JPA have not been met; and
Whereas, the JPA established that the County in accordance with the agreement was to provide
an effective tree disease control program in cooperation with the City Forester; and
Whereas, this coordinated program did not occur; and
Whereas, the JPA established that the County was to pay utility costs; and
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Whereas, the County chose not to provide plumbed heated restrooms and locked the doors to
park users and provide portable restrooms as the alternative; and
Whereas, the JPA established that the County was to provide proper identification signs for the
park and that the City must concur with the use of any signs, and such concurrence shall be in
writing addressed to the Anoka County Parks Director; and
Whereas, concurrence by the City was not sought by the County, rather the Park entrance sign
was installed and then shown to the Fridley City (Council) installed; and
Whereas, the JPA established that the County was to participate in certain improvements with
the City such as the planting of additional trees, shrubs, landscaping, and other such
improvements as the parties may, from time to time, agree shall be made; and
Whereas, but for agreement on a new playground installed and coordinated with County staff,
by the City, this coordination did not occur; and
Whereas, the JPA established the County was to schedule special activities and any special activity
scheduled in the park by the County, which is not in keeping with the normal day to day use of
the park should be concurred with by the Council before such activity is held; and
Whereas, this did not occur as activities were rarely scheduled by the County, but for park shelter
use; and
Whereas, the JPA established that the County was to establish and to collect user fees, if any,
with veto power to be held by the Council; and
Whereas, this fee schedule was not reviewed and approved by the Council; and
Whereas, the JPA established that the City was to provide maintenance and upkeep of softball
and soccer fields, horseshoe courts, community gardens, nursery, and old shop, schedule the use
of these facilities and provide storage of County Park equipment at the City Public Works yard;
and
Whereas, these services were performed by the City; and
Whereas, the City lost a considerable amount of parking for park activities and events listed above
with the County’s sale of the Columbia Arena to a private sports entity; and
Whereas, the City was to assist County crews with City equipment on special projects, if the City
has the equipment available and did so; and
Whereas, the City did assist County crews with City equipment on special projects; and
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Whereas, the City was to provide necessary rights to Anoka County for location and installation
of Rice Creek West Trail System; and
Whereas, the City assisted the County by providing an easement for land for re-establishing an
important portion of the Rice Creek West Regional Trail; and
Whereas, this easement was lost due to the sale of the County property to a private entity, and
without the County arranging for a new easement for a new segment of the regional trail; and
Whereas, the JPA established that the City was to provide upkeep and maintenance of all City
Streets that provide access to parkways and parking lots: and
Whereas, the City did maintain streets providing access to parkways and parking lots; and
Whereas, the JPA established that the City was to participate in certain improvements with the
City such as the planting of additional trees, shrubs, landscaping, and such other improvements
as the parties may, from time to time, agree shall be made; and
Whereas, all trees and playground equipment, etc. installed by the City were done so, after
concurrence of the County; and
Whereas, the JPA established that any development plans made by the County to improve park
facilities other than the normal maintenance activities were to be approved in writing by the
Council. Any capital improvements provided for in the Master Plan on file with the Metropolitan
Council are hereby deemed approved and no further approval by the City is necessary; and
Whereas, the City was notified after the development of a plan by the County, and after work had
begun on projects such as the dog park and street realignment projects; and
Whereas, the County was to meet periodically to discuss and review the work and development
plans; and
Whereas, the JPA established that if either party failed to perform any of its responsibilities as
outlined herein, within 48 hours after written notification by the other party, the other party may
perform the task and charge the defaulting party the reasonable value of such services; and
Whereas, the JPA established that the agreement may be terminated by either party, at any time,
with or without cause, upon 365 days written notice, delivered in person, or by mail, to the other
party; and
Whereas, the JPA established that upon termination of this agreement by the City, the City shall
maintain any part of the trail which has been constructed in Locke Parke, Locke Lake Park, and
Plaza Park, for such period as the Rice Creek West Regional Trail is in use by the public. In the
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event the County shall receive funds from the other agencies specifically for the operation and
maintenance of the properties and trail described herein, such funds shall be forwarded to the
City; and
Whereas, the City has been bound by the JPA for 42 years, allowing adequate time for parties to
prove they can meet obligations defined in the agreement; and
Whereas, the City has not violated any Federal, State, or local laws pertaining to its obligation to
perform under contractual obligations of the agreement; and
Whereas, on September 21, 2022 the Fridley Planning Commission discussed and expressed
support for the dissolution of the JPA;
Whereas, on October 3, 2022 the Fridley Parks and Recreation Commission discussed and
expressed support for the dissolution of the JPA.
Now, therefore be it resolved that the City Council of the City of Fridley hereby declares that
Anoka County has not met the full terms of the 1980 Joint Powers Agreement Between the City
of Fridley and Anoka County Regarding Rice Creek West Regional Trail (Locke Park, Plaza Park,
and Locke Lake Park).
Be it further resolved that the Mayor and the City Clerk, are hereby authorized to execute all
documents necessary to notify Anoka County of the City of Fridley’s intent to dissolve the Joint
Powers Agreement.
th
Passed and adopted by the City Council of the City of Fridley on this 14 day of November,
2022.
________________________________________________
Scott J. Lund - Mayor
Attest:
___________________________________
Melissa Moore – City Clerk