Adopt Resolution #23-074 Approving Joint Powers Agreement for Improvement Project #20-11, Ramsey Gateway Highway 10 Improvements 

Purpose:
The purpose of this case is to adopt Resolution #23-074 approving the Joint Powers Agreement for Improvement Project #20-11, Ramsey Gateway Highway 10 Improvements, Anoka County Contract No. C0009284. 

Background:
Anoka County is proposing grade separation improvements on CSAH 56 (Ramsey Blvd) and CSAH 57 (Sunfish Lake Blvd) at the BNSF Railway and U.S. Highway 10 crossings to improve traffic operations and safety on each facility.  The proposed improvements were designed and will be constructed in partnership with the City of Ramsey and the Minnesota Department of Transportation.
 
The proposed improvements generally include reconstructing portions of U.S. Highway 10/169, CSAH 56/Ramsey Boulevard, CSAH 57/Sunfish Lake Boulevard, and Riverdale Drive; constructing new frontage roads; constructing sidewalks, trails and pedestrian curb ramps; constructing bridges and roundabouts; reconstructing municipal utilities; constructing a temporary traffic control signal system; establishing turf; and installing striping and signing.
 
Anoka County has prepared the attached Joint Powers Agreement (JPA), Anoka Contract #C0009284, to clearly define the responsibilities of both Anoka County and the City of Ramsey as related to the construction and maintenance of the proposed improvements. Exhibit A of the attached JPA shows the overall scope of the proposed improvements, which is included as a separate attachment.
 
Portions of CSAH 56/Ramsey Boulevard and CSAH 57/Sunfish Lake Boulevard will be closed to thru traffic during construction, and access for local traffic will be maintained during construction through detours and temporary access points.

Construction is anticipated to occur between 2023 and 2026, with the vast majority of work occurring in 2024 and 2025.  

Notifications are not required for this case. 

Observations:
Declaration of Restrictive Covenants
The JPA requires the County to acquire all necessary right-of-way, easements, and other property rights for the Project. The County is subject to a separate JPA with MnDOT for oversight and approval of the state on all acquisitions of right-of-way. The cost of all necessary right-of-way, easements, and other property rights for the Project shall be covered utilizing awarded project funds. Any City owned property or easements required for the construction will be conveyed to the County at no cost, excluding RALF acquired properties in which RALF funds must be repaid to the Metropolitan Council. After the project, certain right of way and other property interests will be turned up to MnDOT. The parties anticipate there will be various right-of-way parcels not requested by MnDOT, that were acquired by Anoka County with state funds for the Project.
 
Right of Way that is not needed by MnDOT or the County for the Project shall be conveyed at no cost to the City for future non-roadway use, green space, development or sale. All dispositions of surplus land or right of way not required for the Project, are subject to restrictive covenants to secure the land for later reimbursement of state highway funds, as addressed in the Declaration provision below. The County will record the Declaration on the surplus land/parcels prior to the conveyance to the City.
 
As for the lands the State does not require be turned up after the Project, and to ensure state reimbursement for the purchase of those lands, the County and City agree to establish certain restrictions of record with respect to the future sale and use of the properties not needed for infrastructure and construction of the Project. Those restrictions shall run with and encumber the land as more fully set forth in the Declaration designated by the State to be used for this Project. The parties are aware that after the Project is complete, some of the surplus land and right of way not needed for the Project shall be conveyed by the County to the City of Ramsey, to be made available for future use or development by the City. Such transfers between County and City are specifically permitted by the State and are not considered to trigger the sale/use restrictions in the Declaration. However, any subsequent sale, transfer or conveyance of the properties by the City shall be subject to the restrictions set forth in the Declaration.
 
The County and City shall cooperate in consenting and signing the necessary Declarations and recording same on the required properties. The County and City further agree to comply with all terms, conditions, and restrictions set forth in the Declarations required by the state, which result from the use of state funding for the acquisition of right of way necessary for the Project.
 
The City Council will be approving the attached Declaration of Restrictive Covenants upon adoption of Resolution #23-074.  
 
City Maintenance Obligations
Upon approval of the JPA the City of Ramsey will be obligating itself to the following ongoing maintenance operations;
 

• Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), and detention basins (including ponds and their outlet structures and grit chambers/collectors) shall be the sole obligation of the City, except for ponds maintained by MnDOT. In this case MnDOT will determine maintenance obligations in a separate agreement.

• Maintenance of the bituminous trails on CSAH 56 and CSAH 57 shall be the responsibility of the City. The City shall be responsible for general routine maintenance, such as sweeping, clearing, plowing, trash removal and other incidental items. The City shall be responsible for long-term maintenance, such as bituminous overlays, crack sealing and replacement.

• Maintenance of crosswalk pavement markings shall be the responsibility of the City. The City will be responsible for all crosswalk pavement markings for any trail/sidewalk crossings at all city streets.

• Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. The City will be responsible for long-term maintenance and replacement of the complete street light system including items such as: poles, fixtures, luminaires, and control cabinets.

• Maintenance and up-keep of the center islands located within the roundabout(s).

• Maintenance of landscaping and streetscaping. 

 
Alternatives:
Alternative #1 – Motion to adopt Resolution #23-074 approving the Joint Powers Agreement for Improvement Project #20-11, Ramsey Gateway Highway 10 Improvements, Anoka County Contract No. C0009284.
 
Alternative #2 – Motion of other. 

Total construction costs for the proposed improvements are estimated to be $102,050,000.
 
The City’s lump sum project cost share is set at $4,000,000.  The City’s first payment of $1,500,000 will be required at the time of award for the widening project, scheduled for Spring/Summer of 2023. The City will then be required to pay another $1,000,000 on March 1, 2024, and another $1,500,000 on March 1, 2025. The City's lump sum contribution will cover the City’s share of project costs for design, right-of-way acquisitions, construction, and construction engineering expenses.
 
The City lump sum contribution is proposed to be funded with $2,000,000 of Public Improvement Revolving (PIR) Funds and $2,000,000 of Municipal State Aid (MSA) Funds per attached sheets 201 and 202 from the 2023-2032 Capital Improvement Program.  

The City Attorney has reviewed and approved the attached JPA as to legal form.
 
Staff recommends approving the attached Joint Powers Agreement. 

Motion to adopt Resolution #23-074 approving the Joint Powers Agreement for Improvement Project #20-11, Ramsey Gateway Highway 10 Improvements, Anoka County Contract No. C0009284.