Resolution No. 2023-161, Approving a JPA w/City of CR for Lighting and Landscaping Imp.at the Intersection of CR132 and Evergreen Blvd./SNC Entrance
Resolution No. 2023-161
Approving a Joint Powers Agreement with the City of Coon Rapids for Lighting and
Landscaping Improvements at the Intersection of County Road 132 and Evergreen
Blvd/Springbrook Nature Center Entrance
Whereas, the City of Fridley (City) and the City of Coon Rapids (Coon Rapids) share a common goal
to provide for safety improvements through local agency match funding of an Anoka County
intersection improvement project at County Road 132 and Evergreen Boulevard (Springbrook
Nature Center Entrance); and
Whereas, Minnesota Statute § 471.59 provides for the joint exercise of common or similar powers
by government units and also provides that any one governmental unit may perform on behalf of
another government unit any service or function which that unit would be authorized to perform
for itself; and
Whereas, Anoka County recognized the need for safety improvements at the intersection of
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County Road 132 (85 Avenue NE) at Evergreen Boulevard; and
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Whereas, the proposed project at the intersection of County Road 132 (85 Avenue NE) at
Evergreen Boulevard will reconfigure the intersection to include a roundabout and pedestrian
safety elements, (Project); and
Whereas, the conceptual improvements that are to be included in the Project have been
developed with input from the City and Coon Rapids; and
Whereas, the Project will require maintenance of lighting and are desired to have a landscaped
central median-both of which are to be funded collectively by the City and Coon Rapids.
Now, therefore it be resolved, that the City Council of the City of Fridley hereby approves the
Joint Powers Agreement (attached as Exhibit A) with the City of Coon Rapids and the City of Fridley
for the Improvements at the Intersection of County Road 132 and Evergreen Boulevard.
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Passed and adopted by the City Council of the City of Fridley this 18 day of December,
2023.
_______________________________________
Scott J. Lund – Mayor
Attest:
Melissa Moore – City Clerk
Exhibit A
JOINT POWERS AGREEMENT BETWEEN THE CITIES OF COON RAPIDS AND FRIDLEY
FOR LIGHTING AND LANDSCAPING IMPROVEMENTS AT THE INTERSECTION OF
COUNTY ROAD 132 AND EVERGREEN BLVD ON THE BORDER OF THE CITY OF COON RAPIDS AND
THE CITY OF FRIDLEY, MN
THIS AGREEMENT, made and entered into this __ day of _______, 2023, by and between the
/źƷǤ ƚŅ /ƚƚƓ wğƦźķƭͲ aźƓƓĻƭƚƷğͲ ğ ƒǒƓźĭźƦğƌ ĭƚƩƦƚƩğƷźƚƓ ΛŷĻƩĻźƓğŅƷĻƩ ͻ/ƚƚƓ wğƦźķƭͼΜͲ ğƓķ ƷŷĻ /źƷǤ
ƚŅ CƩźķƌĻǤͲ aźƓƓĻƭƚƷğͲ ğ ƒǒƓźĭźƦğƌ ĭƚƩƦƚƩğƷźƚƓ ΛŷĻƩĻźƓğŅƷĻƩ ͻCƩźķƌĻǤͼΜ͵
WHEREAS, Coon Rapids and Fridley share a common boundary and desire to participate in
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ğƓ !ƓƚƉğ /ƚǒƓƷǤ ΛŷĻƩĻźƓğŅƷĻƩ ͻ/ƚǒƓƷǤͼΜ źƒƦƩƚǝĻƒĻƓƷ ƦƩƚƆĻĭƷ ƚƓ /ƚǒƓƷǤ wƚğķ ЊЌЋ ΛБЎ Avenue) at
9ǝĻƩŭƩĻĻƓ .ƚǒƌĻǝğƩķ ΛŷĻƩĻźƓğŅƷĻƩ ĭƚƌƌĻĭƷźǝĻƌǤ ƷŷĻ ͻtƩƚƆĻĭƷͼΜͳ ğƓķͲ
I9w9!{Ͳ ƷŷĻ /ƚǒƓƷǤƭ ƦƌğƓƓĻķ źƒƦƩƚǝĻƒĻƓƷƭ źƓ /ƚƚƓ wğƦźķƭ ğƓķ CƩźķƌĻǤ ƷŷğƷ ğƩĻ Ʒƚ ĬĻ
included in the Project are depicted in the attached Exhibit A to this Agreement; and,
WHEREAS, Coon Rapids and Fridley are entering into separate Joint Powers Agreements with
the County relating to the overall project improvements including project development, easement
acquisition, preliminary and final engineering, permitting, administration, construction, inspection,
testing, documentation, and all other cost and work items included in Exhibit A; and,
WHEREAS, Minn. Stat. § 471.59 provides for the joint exercise of common or similar powers
by government units and also provides that any one governmental unit may perform on behalf of
another government unit any service or function which that unit would be authorized to perform
for itself; and,
WHEREAS, Coon Rapids and Fridley agree to share costs and future maintenance relating to
1)intersection lighting, 2) roundabout landscaping, and 3) water service replacement as part of the
County led project in accordance with the terms of this Agreement; and
NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the
mutual covenants and agreements of the parties hereto, it is agreed as follows:
SECTION A
PROJECT SUMMARY
1.The improvements and funding for the project shall be provided and constructed in
ğĭĭƚƩķğƓĭĻ ǞźƷŷ ƷŷĻ ƷĻƩƒƭ ƚŅ Ʒŷźƭ WƚźƓƷ tƚǞĻƩƭ !ŭƩĻĻƒĻƓƷͲ ğƓķ Ļğĭŷ /źƷǤƭ źƓķźǝźķǒğƌ ğŭƩĻĻƒĻƓƷ
with Anoka County for this project.
2.Coon Rapids agrees to be the lead local agency with regard to intersection lighting and shall
coordinate extension of its existing lighting system on Evergreen Boulevard with Xcel Energy. The
lighting system shall be of complimentary character to the existing Evergreen Boulevard system and
ƭŷğƌƌ ƒĻĻƷ ƷŷĻ /ƚǒƓƷǤƭ ƩĻƨǒźƩĻƒĻƓƷƭ ŅƚƩ ƌźŭŷƷźƓŭ ƚŅ ƷŷĻ źƓƷĻƩƭĻĭƷźƚƓ͵
3. Fridley agrees to be the lead local agency with regard to intersection median landscaping
improvements and shall coordinate installation of landscaping in the center island of the proposed
roundabout, similar in character to the landscaping installed at its project on Gardena Ave and
Central Ave NE. The landscaping will not require an irrigation system.
4. Plans and specifications shall be developed by the County and further by each local agency
for lighting and landscaping as necessary. Plans will be approved by County, Coon Rapids, and Fridley
prior to bidding and/or construction.
5. Bidding, Construction Engineering, Contract Administration, Permitting, Agency Submittals,
Staking, and Contract and Construction Management shall be performed by County and each local
agency as necessary to complete lighting and landscaping improvements.
SECTION B
COST ALLOCATION
1. Lighting System Costs
Coon Rapids will be responsible for local costs for construction of the lighting system,
including permitting, construction observation, and coordination not covered by County.
2. Landscaping Costs
Fridley will be responsible for local costs relating to design and construction of the center
island landscaping including permitting.
3. Water Service Replacement Costs
Fridley will be responsible for the costs associated with replacement of the 6-inch water
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service line below 85 Avenue as well as a new gate valve both providing service to Springbrook
Nature Center. This work shall be included as part of the watermain replacements in the County
project.
SECTION C
COST REIMBURSEMENT
1. Neither Coon Rapids nor Fridley will request reimbursement from the other party related to
their implementation of lighting and landscaping for this project. The City of Coon Rapids
shall request reimbursement from Fridley for the water service replacement costs related to
Springbrook Nature Center.
SECTION D
MAINTENANCE RESPONSIBILITIES
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1. Maintenance and upkeep of the lighting system will be the responsibility of Coon Rapids for
the lighting system through agreement with Xcel Energy through the initial 25-year period
after installation. Coon Rapids will pay the costs of power for the lighting system.
2. After the initial 25-year life of the lighting system maintenance agreement sunsets, Coon
Rapids and Fridley will equally share the cost of maintenance, upkeep, and reconstruction
of the lighting system. Coon Rapids will coordinate all maintenance, upkeep, and
reconstruction with notice to Fridley, and will invoice Fridley for its share of costs for the
lighting system maintenance, upkeep, and reconstruction.
3. Maintenance and upkeep of the landscaping in a reasonable and aesthetically pleasing
fashion free of weeds and other nuisance vegetation, debris, and litter shall be the
responsibility of Fridley.
4. Maintenance of the 6-inch water service line serving Springbrook Nature Center shall be the
reasonability of the City of Coon Rapids up to and including the new gate valve installed
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under the County project along 85 Avenue. Maintenance from the new gate valve installed
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adjacent to 85 Avenue to the Nature Center building shall be the responsibility of the City
of Fridley.
SECTION E
MISCELLANEOUS PROVISIONS
1. Compliance with Laws. The parties agree to comply with all laws, ordinances and regulations
of Minnesota applicable to this Agreement and the construction of the Improvements. This
Agreement shall be construed and enforced according to the laws of Minnesota.
2. Indemnification. Each party will be responsible for claims and damages resulting from the
acts, errors and omissions of its officers, employees and agents and will defend and indemnify the
other party for any such claims; provided, however, that nothing in this Agreement shall constitute
a waiver or limitation of any immunity or limitation on liability to which either party is entitled under
Minnesota Statutes, Chapter 466, or otherwise.
3. Notices. Any notices or correspondence required to be given under this Agreement or any
statute or ordinance shall be in writing and shall be deemed to be given if delivered personally or
mailed postage-prepaid by certified mail, return receipt requested:
a. As to Coon Rapids: City of Coon Rapids
11155 Robinson Drive
Coon Rapids, MN 55433
ATTN: City Manager
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b. As to Fridley City of Fridley
7071 University Avenue NE,
Fridley, MN 55432
ATTN: City Manager
or at such other address as either party may, from time to time, notify the other in writing in
accordance with this paragraph.
4. Severability. In the event that any provision of this Agreement is held to be invalid, illegal or
unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section
and shall not invalidate or render unenforceable any other provision of this Agreement.
5. Nonwaiver. If either party waives any default or non-performance by the other party in
writing, such waiver shall be deemed to apply only to such event and shall not waive any other prior
or subsequent default.
6. Preamble and Recitals. The preamble and recitals set forth on page one of this Agreement
are incorporated into and made a part of this Agreement.
7. Paragraph and Section Headings. The paragraph and section headings used in this
Agreement have no legal significance and are used solely for convenience of reference.
8. Entire Agreement. This Agreement and its Exhibits attached hereto, if any, evidence the
entire agreement between the parties relating to the subject matter addressed herein and
supersedes all other prior agreements and understandings, written or oral, between the parties.
9. Amendment. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment to this
Agreement signed by the parties hereto or their successors.
10. Contract Administration. To the degree permitted by state law, Fridley designates Coon
Rapids as its representative authorized to act on behalf of Fridley with respect to street lighting and
water service replacement associated with this Agreement.
To the degree permitted by state law, Coon Rapids designates Fridley as its representative
authorized to act on behalf of Coon Rapids with respect to landscaping associated with this
Agreement.
11. Limitations. This Agreement is not intended to and shall not create rights of any character
whatsoever in favor of any person, corporation, association or entity other than the parties to this
Agreement and their successors and assigns, and the obligations herein assumed are solely for the
use and benefit of the parties to this Agreement and their successors and assigns.
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12. Non-Assignment. The parties hereto agree that neither party shall assign, sublet, transfer or
pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part,
without the prior written consent of the non-assigning party.
13. Counterparts. For the convenience of the parties, any number of counterparts hereof may
be executed and each such executed counterpart shall be deemed an original, but all such
counterparts together shall constitute one in the same Agreement.
14. Data Practices. Data provided to either party or received from either party under this
Agreement shall be administered in accordance with the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
15. Termination. This Agreement shall not terminate other than through an amendment or
superseding agreement of the two parties.
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IN TESTIMONY WHEREOF, the City of Coon Rapids has caused this Agreement to be executed
the day and year first above written.
CITY OF COON RAPIDS
By: _______________________________________
Jerry Koch, Mayor
By: _______________________________________
Matt Stemwedel, City Manager
IN TESTIMONY WHEREOF, the City of Fridley has caused this Agreement to be executed the
day and year first above written.
CITY OF FRIDLEY
By: _______________________________________
Scott Lund, Mayor
By: _______________________________________
Wally Wysopal, City Manager
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A
EXHIBIT