IV.10. Cooperative Agreement – Hennepin County; Elverum (CR2017-030) February 3, 2017 Council Report 2017-030
COOPERATIVE AGREEMENT – HENNEPIN COUNTY
Proposed Action
Staff recommends adoption of the following motion: Move to approve Cooperative
Agreement between Hennepin County and the City of Hopkins.
With this motion, the Cooperative Agreement will be executed.
Overview
Hennepin County has been a key partner in the realization of SW LRT and is
anticipated to continue to work collaboratively to achieve SW LRT goals. As an
example, Hennepin County has approved the use of Community Works funds to support
the trail underpass at Blake Road. In order for Hennepin County to work with the cities
and other organizations, including Three Rivers Park District, state statute requires the
County and the various entities enter into a cooperative agreement.
The agreement does not obligate the City to spend any funds or undertake any specific
projects, but rather to work cooperatively to further the goals of the Green Line
Extension (also known as SW LRT). Any commitment of City funds through a
multijurisdictional project would come back to the City Council for separate action.
In 2014, the City of Hopkins and the Hopkins HRA entered into a similar agreement with
the Hennepin County Housing & Redevelopment Authority related to SW LRT.
Primary Issues to Consider
The agreement is an acknowledgement that the two entities, the City of Hopkins and
Hennepin County, have agreed to work together to further our shared goals and satisfy
a statutory requirement.
Supporting Information
• Cooperative Agreement – Hennepin County
___________________________
Kersten Elverum
Director of Planning & Development
Financial Impact: $0 Budgeted: Y/N NA___ Source: TBD
Related Documents (CIP, ERP, etc.): _______________________________________
Hennepin County Contract No. A166832
COOPERATIVE AGREEMENT BETWEEN HENNEPIN COUNTY
AND CITY OF HOPKINS
This Agreement is between the County of Hennepin, State of Minnesota (“COUNTY”),
300 South Sixth Street, A2300, Minneapolis, MN 55487, and the City of Hopkins (“CITY”),
1010 1st Street S., Hopkins, MN 55343.
WHEREAS, COUNTY and CITY have each provided municipal approval for the Green
Line Extension Project (“Green Line Extension”) pursuant to state law; and
WHEREAS, COUNTY and CITY have each approved the Southwest Corridor
Investment Framework (“Framework”) dated December 2013 through respective resolutions
Hennepin County Resolution 14-0490, and CITY action on January 6, 2015; and
WHEREAS, the COUNTY and CITY agree that there are financial and strategic benefits
of working together to further the goals of the Green Line Extension and the Framework
(“Goals”) and wish to document that understanding in a cooperative agreement; and
WHEREAS, COUNTY and CITY plan to develop one or more projects (“Project or
Projects”) to further the Goals; and
WHEREAS, a cooperative agreement and future Projects fit within the criteria of a
multijurisdictional reinvestment program authorized under Minnesota Statutes §383B.79; and
WHEREAS, COUNTY and CITY have the authority to participate in a cooperative
agreement and Project pursuant to Minnesota Statutes §§383B.79 and 471.59 and other
applicable law.
THEREFORE, the parties agree as follows:
1. Furtherance of Goals. Pursuant to Minnesota Statutes, Section 383B.79, COUNTY and
CITY enter into this cooperative agreement, and agree to work with each other to further
the goals of the Green Line Extension and the Framework by attempting to develop one
or more Projects subject to the following requirements:
a. That the CITY retains its jurisdiction over all issues of local concern relating to
zoning, land usage, building code requirements and compliance with all
applicable city codes and ordinances.
b. That the full faith and credit of the CITY will not be pledged as a source of
payment or repayment of said Project financial obligations owed by Hennepin
County.
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This agreement shall commence on January 1, 2017 and expire on December 31, 2020.
2. Merger and Modification.
a. The entire Agreement between the parties is contained in this Agreement and
supersedes all oral agreements between the parties relating to the subject matter.
All items that are referenced or that are attached are incorporated and made a part
of this Agreement. If there is any conflict between the terms of this Agreement
and referenced or attached items, the terms of this Agreement shall prevail.
b. 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 and signed by the parties.
.
3. Notices. Any notice or demand which must be given or made by a party under this
Agreement or any statute or ordinance shall be in writing, and shall be sent registered or
certified mail. Notices to the COUNTY shall be sent to the County Administrator at the
address stated in the opening paragraph of the Agreement. Notice to the CITY shall be
sent to the address stated in the opening paragraph of the Agreement.
4. Audits. The books, records, documents, and accounting procedures and practices of the
each party relevant to this agreement are subject to examination by the any party and
either Legislative Auditor or the State Auditor for a period of six years after the effective
date of this Agreement.
5. Termination. This Agreement terminates when the Projects, and the funding therefor,
have been completed.
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COUNTY BOARD AUTHORIZATION
HENNEPIN COUNTY
STATE OF MINNESOTA
Reviewed by the County
Attorney’s Office
By:
Chair of Its Board
Date: Date:
ATTEST:
Deputy/Clerk of County Board
Date:
Recommended for Approval:
Director, Community Works
Date:
CITY OF HOPKINS
By:
Its: City Manager
City Department Review:
Its: Community Development Director
Approved as to form:
City Attorney