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Home My WebLink About2009-021 Council ResolutionGallup Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09 -21 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH COUNTY OF ANOKA CSAH 34 (BIRCH STREET) CORRIDOR STUDY WHEREAS, the parties of this agreement have long exhibited concern for the safety of the corridor along CSAH 34 (Birch Street) from CSAH 49 to CR 84, in the City of Lino Lakes; and WHEREAS, the County sent out RFP's for said corridor; and WHEREAS, the County has entered into a Purchase of Service Agreement with SRF Consulting Group Inc.; and WHEREAS, the parties agree that it is in their best interest that the cost of project be shared; and WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to • enter into Joint Powers Agreements, and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. that the City Council hereby approves the Joint Powers Agreement with the County of Anoka for the cost share of a corridor study along CSAH 34 (Birch Street) and authorizes the Mayor a ty Clerk to execute said agreement on behalf of the City. • Jul! - ne Bartell, Cit Adopted by the Lino Lakes City Council this 13h day of April, 2009. The mojpj for the adoption of the foregoing resolution was duly seconded by Council Member Donnell upon vote being taken thereon, the following voted in favor thereof; Gallup, O'Donnell, Reinert, Stoltz Bergeson The following voted against same: none J. Ber'eso , Mayor Whereupon said resolution was declared duly passed and adopted. 3 • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6B Michael Grochala April 13, 2009 Consideration of Resolution No. 09 -21 Approving Joint Powers Agreement with Anoka County for Construction- Lake Drive /I35W Interchange Simple Majority The 2008 -2009 Council Goals, Objectives and Management Action Plan included the objective to "Initiate an Access Management Plan for Birch Street (CSAH 34) ". Additionally, the city received a petition in early 2008 requesting improvements to the Ware Road and Birch Street intersection. In response the City Council approved Resolution No. 08 -34, directing staff to work with Anoka County on the study and incorporate the Ware /Birch intersection. Anoka County has since retained the services of SRF Consulting Group to perform a Corridor Study for Birch Street. The following items represent the core study product areas: 1. Establishment of a long -range corridor vision. 2. Identification of corridor issues, with specific technical analysis regarding safety, access, traffic forecasting and operations, and environmental and cultural constraints. 3. Development of future roadway concepts and recommendations, including geometrics at key intersections, better access management, safety enhancements, location of potential traffic signals, and possible local connectivity opportunities. 4. Development of future trail concepts and recommendations that provide increased network connectivity, better access, and improved safety. 5. Development of conceptual landscaping and streetscaping options and recommendations. 6. Development of cost estimates and an implementation plan. 7. Draft and final Corridor Reports. 8. Public Involvement Plan that encourages meaningful participation and provides opportunities for stakeholder education, discussion, and resolution of issues. The public involvement plan for the study includes a variety of opportunities for interested parties to get involved and stay informed. Focus group meetings, a public open house and the first Neighborhood Advisory Committee (NAC) have already been • held. The total cost of the study is $277,821.95. The City's share is a not to exceed lump sum amount of $28,000 in two annual installments of $14,000. The installments are due in 2009 and 2010. Funding is included in the 2009 Community Development budget for this year's installment and will be included for 2010. RECOMMENDATION Staff is recommending approval of the JPA with Anoka County. ATTACHMENTS 1. Resolution No. 09 -21 2. Joint Powers Agreement 2 • • Contract # 2009 -0503 JOINT POWERS AGREEMENT FOR THE COST SHARE OF A CORRIDOR STUDY ALONG CSAH 34 (BIRCH STREET) IN THE CITY OF LINO LAKES (CP 08- 41 -34) This Agreement made and entered into , 2009, by and between the County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota, 55303, hereinafter referred to as "County ", and the City of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, MN 55014, hereinafter referred to as the "City ". WITNESSETH WHEREAS, the parties of this agreement have long exhibited concern for the safety of the corridor along CSAH 34 (Birch Street) from CSAH 49 to CR 84, in the City of Lino Lakes; and WHEREAS, the County sent out RFP's for said corridor; and WHEREAS, the County has entered into a Purchase of Service Agreement (Exhibit A) with SRF Consulting Group Inc.; and WHEREAS, the parties agree that it is in their best interest that the cost of project be shared; and, WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of conducting a corridor study along CSAH 34 (Birch Street) from CSAH 49 to CR 84, in the City of Lino Lakes. Upon completion the City shall be provided a copy of the corridor study. II. METHOD The County shall provide all services and has caused the study of Anoka County Project No. C.P. 08 -41 -34 in conformance with said RFP. The County has done the calling for all bids and the acceptance of all bid proposals. III. COSTS The Cost detailed in the Purchase of Service Agreement between Anoka County and SRF Consulting Group, Inc. to complete the corridor study is listed as not to exceed Two Hundred Seventy -Seven Thousand, Eight Hundred Twenty -One and 95/100s Dollars ($277,821.95) ( "Estimated Cost "). The City of Lino Lakes shall pay to the County the sum of Twenty -Eight Thousand Dollars • ($28,000) towards the cost of the corridor study, which will be paid in two (2) lump -sum payments, • • • Contract # 2009 -0503 upon receipt of an Invoice from Anoka County ( "City's Share "). The first payment will be made in Calendar 2009 and the other in calendar 2010. The City's Share shall not be reduced if the cost of this corridor study is less than the Estimated Cost. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods, which occurred prior to such notice of termination. The City shall pay its pro rata share of costs, which the County incurred prior to such notice of termination. IX. NOTICE For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County 2100 Third Avenue North, Anoka, Minnesota 55303, on behalf of the County, and the City Administrator of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, MN 55014, on behalf of the City. X. INDEMNIFICATION The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. XI. ENTIRE AGREEMENT REQUIREMENT OF A WRITING 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 subject matter thereof, as well as any previous agreement presently in effect between the parties to 2 • • Contract # 2009 -0503 the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: COUNTY OF ANOKA CITY OF LINO LAKES By: By Dennis D. Berg, Chair Board of Commissioners Dated: Dated: ATTEST: John J. Bergson Mayor By: By: Terry L. Johnson Anoka County Administrator Name: Title: Dated: Dated: RECOMMENDED FOR APPROVAL: By: By: Douglas W. Fischer, P.E. County Highway Engineer Dated: APPROVED AS TO FORM AND EXECUTION: By: By: Dan Klint Name: Assistant Anoka County Attorney Title: Name: Title: Dated: Dated: Dated- I: \CIVNDK \CONTRACT \2009\L no Lakes JPA (Birch Street).doc 3