4.3. SR 04-28-1997ITEM 4.3.
~..~y of
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Planning Assistan~/~f(
April 28, 1997
A Joint Powers Agreement
Establishing the Northstar Corridor
Development Authority. Regarding a
Feasibility Study for Multi-modal
Transportation Along the Highway 10/
Burlington Northern Corridor from
Minneapolis to St. Cloud
On March 24, 1997 the Council adopted a resolution of support for a
feasibility study and an environmental analysis of the impacts of multi-
modal transportation improvements along the Highway 10 corridor. The
possible improvements include highway improvements, commuter and
freight rail, recreational trails, ITS, safety and related land use issues.
Attached is a copy of that resolution.
Joint Powers Agreement
Since that time a Joint Powers Agreement creating the Northstar Corridor
Development Authority has been finalized. Attached for your consideration is
a copy of the Joint Powers Agreement.
The Authority will receive and manage the ISTEA grant funding, assess the
need for and analyze the feasibility of multi-modal transportation
improvements in the corridor, set up advisory committees and task forces,
prepare any necessary reports and findings as well as coordinate related
activities. Outlined in the agreement are who will be members of the
authority, the powers of the authority, structures and procedures, and
funding.
Members of the Authority will include affected cities, counties and townships
between Minneapolis and Rice. Each of the governmental units are being
asked to approve the Joint Powers Agreement.
Funding for the Authority will be through the ISTEA grant. Start up funding
for the remainder of 1997 will be covered by the 5 counties included in the
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
corridor (Hennepin, Anoka, Sherburne, Benton and Sterns) as outlined in the
attached memo from David Loch. Budgeting for the successive years will be
based on funding received through the grant.
The first meeting of the Authority is scheduled for Thursday, May 1, 1997.
Action Required
It has been requested that the City Council consider approving the attached
Joint Powers Agreement creating the Northstar Corridor Development
Authority.
The City is also being asked to appoint a representative and an alternate to
serve on the Authority. The representative must be an elected official, the
alternate may be an elected official or a staff person
RESOLUTION 97- 22
A RESOLUTION FOR THE CITY OF ELK RIVER
TH10 MULTI-MODAL TRANSPORTATION
CORRIDOR DEVELOPMENT
WI-IEREAS, Trunk Highway 10 (TH10) from Minneapolis to St. Cloud
is a transportation corridor that runs through the fastest growing area in the
State of Minnesota and such growth has created significant transportation,
safety and land use issues; and,
WHEREAS, there are opportunities for a variety of multi-modal
transportation improvements in the TH10 corridor, including highway
improvements, commuter and freight raft, recreational trails and Intelligent
Transportation System (ITS); and,
WHEREAS, TH10 serves as a primary hnk between the Twin Cities
metropolitan area and the communities in the cor~'idor from Minneapolis,
north along TH47 north to TH10 northwest to St. Cloud; and,
V~rIEREAS, such communities wish to collaboratively plan for multi-
modal transportation i~nprovements to the corridor and for the related land
use and development impacts; and,
VVHEREAS, the federal ISTEA was adopted to encourage and
facilitate integrated transportation planning along major transportation
corridors and authorizes funding for such corridor planning and development;
and,
WI-IEREAS, the United States Congress will consider the
reauthorization of ISTEA this year and is consequently ~'equiring that all
applications for ISTEA be submitted as soon as possible for inclusion in the
draft bill.
NOW, THEREFORE, BE IT RESOLVED, THAT:
The City of Elk River strongly supports the development of a
federally £manced plan to analyze the feasibiliW and
environmental impacts of multi-modal transportation
improvements along the TH10 corridor, including highway
improvements, commuter and freight raft, recreational trails,
ITS, safety and related land use issues; and,
The City of Elk River hereby appoints Mayor Hank Duitsman
to work with elected officials from communities along the
corridor to develop a joint powers agreement, providing a
mechanism to jointly address the need for transportation
enhancements, congestion relief, improved safety and systematic
land use planning; and,
The City of Elk River hereby declares its intent to enter into
such a joint agreement, subject to the review and approval of
this governing body by March 31, 1997.
Passed and adopted by the City Council of the City of Elk River,
Minnesota, this 24 day of March ,1997.
Duitlman, Mayor
ATTEST:
Sa~hdra A. Ti~ackeray, City Clerk/
s:\document\resoluti\th lO.doc
NORTHSTAR CORRIDOR
COR / R DE VEL O P ME N T A UTH O RITY
Since my last mmlmg, several jurisdictions called with concerns that the start - up
costs are open ended and potential local cost is not sufficiently defined in the Joint
Powers Ageement that establishes the Northstar Corridor Development Authority.
To resolve the issue, I spoke, by telephone, with Anoka County staff. We agreed to
propose a budget for the remainder of 1997 to the Authority as follows:
$2,000.00
$3,000.00
$5,000.00
$10,000.00
Office Supplies, Postage, etc.
General Coordination Activity
Teclmical Assistance, Legal
TOTAL
We will also propose that the five (or less) counties share this initial budget equally.
They are Hennepin, Anoka, Sherburne, Benton, and Stearns. We will not propose
an assessment to the cities or townships.
The $10,000.00 should be adequate for the Authority for the remainder of the year.
During the interim, we will have learned of our success in obtahting the federal grant
and will be able to develop a budget for 1998 based on the grant.
It is hnportant at the present time that ot~r local jurisdictions consider approval of
the Joint Powers Agreement. Representative Oberstar is expecting that the
Authority will be operational in May as his bill moves tltrough Con=o-tess.
Please call with questions, 612-241-2701.
Sherburne County Administrator
cc: Tim Yantos, Anoka County Assistant Administrator
E1 Tinklenberg, Anoka County Manager of Public Services
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JOINT POWERS AGREEMENT
ESTABLISHING THE
NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY
THIS AGREEMENT, is entered into by and between the undersigned Counties,
Regional Railroad Authorities, Cities, and Townships, all being governmental units of
the State of Minnesota, pursuant to the authority contained in the Minn. Statutes
§§471.59 and 398A.04, subd. 9.
RECITALS
WHEREAS, Trunk Highway 10 (TH10)from Minneapolis to St. Cloud is a
transportation corridor in the fastest growing area in the State of Minnesota and such
growth has created significant transportation, safety and land use issues; and
WHEREAS, there are opportunities for a variety of multi-modal transportation
improvements in the TH10 corridor, including highway improvements, commuter and
freight rail, multi use paths and Intelligent Transportation Systems (ITS); and
WHEREAS, TH10 serves as a primary link between the Twin Cites metropolitan
area and the communities in the corridor from Minneapolis, north along TH47 north to
TH10 northwest to St. Cloud; and
WHEREAS, such communities wish to collaboratively plan for multi-modal
transportation improvements to the corridor and for the related land use and
development impacts.
NOW, THEREFORE, in consideration of the mutual promises and benefits that
each party shall derive herefrom, the parties agree as follows:
ARTICLE I. PURPOSF
The purpose of the parties in entering into this Agreement is to analyze the
feasibility and environmental impacts of integrated transportation improvements along
the Highway 10 corridor, including highway improvements, commuter and freight rail,
recreational trails, ITS, safety and related land use issues. The method of
accomplishing the purpose of this Agreement is the establishment of a joint powers
board to provide a mechanism whereby the parties can jointly address the need for
enhanced transportation along the corridor, congestion relief, decreased traveling time,
and systematic land use and development planning.
.,ARTICLE II. JOINT POWERS BOARD MEMBERS AND TERM
The government units that are eligible to participate in this joint powers
agreement include:
Anoka County Regional Railroad Authority
Hennepin County Regional Railroad Authority
St. Cloud/Stearns County Regional Railroad Authority
Sherburne County Regional Railroad Authority
County of Anoka
County of Sherburne
City of Elk River
City of Big Lake
City of Clear Lake
City of St. Cloud
County of Hennepin
County of Benton
County of Stearns
City of Anoka
City of Coon Rapids
City of Blaine
City of Becker
City of Fridley
City of Spring Lake Park
City of Columbia Heights
City of Minneapolis
City of Rice
Sauk Rapids Township
Langola Township
City of Sartell
City of Sauk Rapids
City of Ramsey
Becket Township
Clear Lake Township
Haven Township
Watab Township
Big Lake Township
Additional governmental units may be eligible to participate if approved by the
Authority. The terms and conditions of this Agreement shall be effective as to an
eligible participant when the Agreement has been executed by the duly authorized
representatives of that party. This Agreement shall commence when it has been duly
executed by Anoka County and Sherburne County or their respective railroad
authorities and shall continue until terminated as provided herein.
ARTICLE III. JOINT POWERS BOARD
Section 1: Establishment and Composition.
The parties hereby establish a joint powers board to be known as the Northstar
Corridor Development Authority ("Authority") to jointly exercise such powers and
authorities as are necessary to achieve its purposes and fulfill its duties as provided for
in Article IV, subject to the terms and conditions of this Agreement. The Authority shall
consist of one elected official each from the member governmental units. Each
member shall be entitled to one vote. In the absence of the appointed elected official
at the meeting, the alternate appointed pursuant to Article VI, Section 1 may exercise
the voting rights of the member. This Agreement defines and establishes the structure
and procedures of the Authority, the responsibilities and powers of the Authority, and
the relationship between the Authority and the member governmental units.
ARTICLE IV. DUTIES OF THE AUTHORITY
The duties of the Authority shall include the following:
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The Authority shall receive and manage ISTEA grant funding in accordance with
all applicable rules, regulations and other requirements by the Federal Transit
Administration.
The Authority shall assess the need for and analyze the feasibility of multi-modal
transportation improvements in the Corridor, including highway improvements,
commuter and freight rail, recreational trails, ITS, safety and related land use
issues.
The Authority shall establish such advisory committees and task forces as
needed for the purpose of receiving public input and shall identify appropriate
interested parties, and develop guidelines for public participation.
The Authority shall conduct environmental evaluations, as required by law.
The Authority shall coordinate its activities as necessary with Burlington
Northern Railroad, the Minnesota Department of Transportation, affected
airports, the Metropolitan Council, the St. Cloud Planning Organization, and
other necessary entities.
The Authority shall prepare reports addressing implementation issues, including
but not limited to ownership, operation, construction, start-up and financing. The
Authority shall also prepare a report addressing the on-going implementation
responsibilities of the Authority, if any, and shall make recommendations
regarding the composition, powers and duties of the Authority for
implementation.
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ARTICLE V. POWERS OF THE AUTHORITY
Section 1: General Powers.
The Authority is hereby authorized to exercise such powers as are necessary
and proper to fulfill its purpose and perform its duties. Such powers shall include those
specific powers enumerated in Section 2 of this Article. The Authority may refer
decisions for approval by the governing bodies of its member governmental units. The
Authority shall not have the power to levy property taxes nor the power to issue bonds.
Section 2: Specific Powers.
A. The Authority shall adopt an annual budget, together with a statement of the
sources of funding and an estimate of the proportion of such amounts required
of each governmental unit, in accordance with the provisions set forth in Article
VII.
B. The Authority may enter into any contract necessary or proper for the exercise of
its powers or the fulfillment of its duties and enforce such contracts to the extent
available in equity or at law. The Authority may approve any contract relating to
this Agreement up to the amount approved in the annual budget, and may
authorize the Chair of the Authority to execute those contracts. No payment on
any invoice for services performed by a consultant or any other person or
organization providing services in connection with this Agreement shall be
authorized unless approved by the Executive Committee.
The Authority may provide for the employment, discipline or discharge of
personnel required to accomplish the purpose of the Agreement.
The Authority may disburse funds in a manner which is consistent with the
method provided by law for the disbursement of funds by counties, as well as
any federal or State requirements.
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The Authority shall have the power to adopt such by-laws that it may deem
necessary or desirable for the conduct of this business of the Authority. Such
by-laws shall be consistent with this Agreement and any applicable laws or
regulations and shall address the requirements for a quorum of the Authority.
The Authority may apply for and accept gifts, grants or loans of money, other
property or assistance from the United States Government, the State of
Minnesota, or any person, association or agency for any of its purposes; enter
into any agreement in connection therewith; and hold, use and dispose of such
money, other property and assistance in accordance with the terms of this gift,
grant or loan relating thereto.
The Authority may hold such property as may be required to accomplish the
purposes of this Agreement and upon termination of this Agreement, make
distribution of such property to the parties as is provided for in this Agreement.
The Authority may purchase insurance as is deemed advisable and may take
action to enforce its rights in equity or in law.
.Section 3: Exercise of Powers.
All powers granted herein shall be exercised by the Authority in accordance with
the legal requirements applicable to counties. In accordance with Minn. Stat. § 471.59,
subd. 3, the purchasing and contracting requirements of the county selected pursuant
to Article VII, Section 4 shall apply to the Authority.
ARTICLE VI. STRUCTURE AND PROCEDURE,'::;
Section 1' Terms.
A. Each member governmental unit shall appoint a representative and alternate, by
resolution, to serve on the Authority for the period commencing with the
execution of the Agreement until January 15, 1998. The representative must be
an elected official of the governmental unit. The alternate may be an elected
official or a staff person.
Each representative and alternate shall be appointed for two year terms,
beginning January 15, by resolution of the appointing governing body. In the
event that any representative or alternate shall not have been appointed by
January 15 in any year, the incumbent representative shall serve until a
successor has been appointed. Removal of any representative or alternate
during the term for which the representative has been appointed may be done at
any time but shall be done only by resolution of the appointing governing body.
Resolutions of any governing body under this section shall be filed at the Office
of Administration, Anoka County Courthouse, Anoka, Minnesota.
Section 2: Chair and Vice Chair.
The Authority shall elect a Chair and Vice Chair from its membership at its first
regular meeting. The Chair and Vice Chair shall be elected by the Authority from its
membership for a two year term. The Chair shall preside at all meetings of the
Authority, may establish such subcommittees as may be needed from time to time and
shall perform other duties and functions as may be determined by the Authority. The
Vice Chair shall preside over and act for the Authority during the absence of the Chair.
The Vice Chair shall also perform the duties and functions of the Treasurer as provided
for in the by-laws. If both the Chair and Vice Chair are absent, the Authority may elect
a temporary chair to conduct its business, provided a quorum is present.
Section 3: Executive Committee.
The Authority shall establish an Executive Committee of the Authority consisting
of five members and alternates, including one representative from a city, a town, a
county and a regional railroad authority, as well as the Chair of the Authority. In
establishing the Executive Committee, the Authority shall consider geographic balance
in the representation on the Committee. The Executive Committee shall be responsible
for approving invoices within approved contract amounts, addressing personnel issues
and performing such other duties as set forth in the Authority's bylaws.
.Section 4: Staff.
Each member governmental unit may provide staff support to the Authority,
subject to the approval of the member governmental unit.
_Section 5: Vacancies.
If an appointment of any representative or alternate is vacated before the end of
the term, the vacancy shall be filled by appointment by the appropriate appointing
governing body. Vacancies shall be filled within thirty (30) days of their occurrence. A
vacancy shall be deemed to have occurred when any of the conditions specified in
Minn. Stat. § 351.02 exist, or if a representative fails to qualify or act as an elected
official.
Section 6: Meetings.
An initial organizational meeting of the Authority shall be held at the Sherburne
County Courthouse, on May 1, 1997, at 4:30 p.m. Thereafter, the Authority shall meet
at regular meetings at such times and places as the Authority shall establish in its
bylaws. Special meetings may be held on reasonable notice by the Chair or any two
representatives upon terms and conditions as the Authority may determine.
ARTICLE VII. FUNDING
Section 1: Initial Funding.
It is understood by the parties that the activities and duties of the Authority are to
be funded primarily by grant monies from the United States Government, the State of
Minnesota or any other association or agency. Nevertheless, the member counties
and regional railroad authorities agree to contribute funding, if necessary, for the start-
up administrative expenses of the Board (to the extent not covered by grant funds).
The member counties and regional railroad authorities will establish an initial
budget and agree to the allocation of any necessary initial contributions.
Each member county and regional railroad authority shall pay its appropriate
initial contribution to the county acting as fiscal agent of the Authority within 30 days of
execution of this Agreement.
Section 2: On-Going Administrative Expenses.
A. By July I of each year, the Authority shall adopt an annual administrative budget
for the following calendar year, and shall determine the amount of contribution, if any,
by each member. The budget and the resulting assessments shall be approved by a
two-thirds majority of the Authority. Any excess funds in the administrative budget
remaining at the end of the fiscal year shall be carried forward in such manner as to
reduce proportionately each member's contribution for the following fiscal year.
If the Authority incurs any expenses as a result of a claim for damages, the
expenses and any damages paid shall be assessed against each member in the
same proportion as the assessments described in paragraph A above, as
applicable.
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.Section 3: Time of Payment_
Except for the initial contribution, all assessments made under the provisions of
this Article shall be paid by each member by January 1 of each year unless the member
has withdrawn pursuant to Article VIII.
Section 4: Budgeting and Accounting Services.
The Authority may contract with one of its member counties to provide any and
all budgeting and accounting services necessary or convenient for the Authority. Such
services shall include, but not be limited to: management of all funds, including county
contributions and grant monies; payment for contracted services; and relevant
bookkeeping and recordkeeping. The contracting and purchasing requirements of the
County so selected shall apply to transactions of the Authority. Such County shall
identify the staff person to work as liaison with the Authority.
Section 5: Accountability for Funds.
All funds shall be accounted for according to generally acceptable accounting
principles. A report on all receipts and disbursements shall be forwarded to the
Authority on an annual basis. The members have the authority to request reports
pertaining to any and all budgeting and accounting services. All interest earned from
established Authority funds shall be credited back to that same fund.
ARTICLE VIII. WITHDRAWAL AND TERMINATION
Section 1: Withdrawal.
Any party may withdraw from this Agreement upon the following conditions: a)
giving 90 days written notice to the Authority, and b) showing that all amounts due and
owing pursuant to Article VII, Section 1 and 2, have been paid. Notice shall be a
certified copy of a resolution of its governing body indicating its intent to withdraw from
this Agreement. Upon receipt of the resolution, the Chair of the Authority shall forward
10
a copy of the resolution to each of the members. In the event of withdrawal by any
member body, this Agreement shall remain in full force and effect as to all remaining
member bodies.
.Section 2: Effect of Withdrawal.
Withdrawal by any member shall not terminate this Agreement except as
provided in Section 3, herein. Withdrawal shall not act to discharge any liability
incurred or chargeable to any member before the effective date of withdrawal. Such
liability shall continue until appropriately discharged by law or agreement. No member
shall be entitled to a refund of assessments paid, or forgiveness of such assessments
owed, to the Authority.
Section 3: Termination.
This Agreement shall terminate upon the occurrence of any one of the following
events:
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When members withdraw pursuant to Section 1 so that, in the judgment of the
Authority, it becomes impractical or uneconomical to continue.
When necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction.
When a majority of the parties agree, by resolution adopted by the respective
governing bodies, to terminate this Agreement.
When a majority of the Authority agree to terminate this Agreement because: 1)
no grant funds from outside sources were received or 2) all duties or activities of
the Authority pursuant to this Agreement and any grant agreements have been
completed.
Section 4: Effect of Termination.
Termination shall not discharge any liability incurred by the Authority or by the
members during the term of this Agreement. The Authority shall continue to operate
after the date of termination only for the purpose of winding up its business and for
aiding in the prosecution and defense of claims. Property or surplus money acquired
by the Authority shall be distributed to the members in proportion to contributions of the
members. The Authority shall approve a final report of its activities and affairs and, on
the expiration of thirty (30) days therefrom, shall cease to exist.
ARTICLE IX. MISCELLANEOUR
.Section 1: Amendments.
This Agreement may be amended by agreement of a majority of the parties as
evidenced by resolutions adopted by the respective governing bodies. Article VII,
Section 2 and Article VIII, Sections 1 and 2 may be amended only by unanimous
agreement of the parties.
Section 2: Records, Accounts and Reports.
The Authority shall establish and maintain such funds and accounts as may be
required by good accounting practices. The books and records of the Authority shall
be subject to the provisions of Minn. Stat. Chapter 13, the Minnesota Government Data
Practices Act, and Minn. Stat. § 16B.04. The Authority, within one hundred and twenty
(120) days after the close of each fiscal year, which shall be January 1 to December
31, shall give a complete written report of all financial activities for such fiscal year to
the parties.
Section 3: Counterparts.
This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same
instrument.
]2
,Section 4: Severability.
The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of the Agreement is for any reason held to be
contrary to law, or contrary to any rule or regulation having the force and effect of law,
such decision shall not affect the remaining portions of this Agreement.
Section 5: Alternative Dispute Resolution.
In the event of a dispute arising under this Agreement, the parties and the
Authority agree to attempt to resolve their dispute by following the process described
below:
A. A party shall provide written notice to the Authority describing perceived conflict,
positions and underlying reasons.
B. The Authority or member shall provide written response to notice with 7 days of
receipt of notice.
C. The parties shall meet within 14 days of receipt of response with a neutral
facilitator. The neutral facilitator will be a representative from the Minnesota
Office of Dispute Resolution.
D. At the first meeting, the neutral facilitator will assist the parties in identifying the
appropriate parties and participants in the dispute resolution process, their
concerns, a meeting agenda and design for any subsequent meetings. The
parties shall agree on a process for resolving the problem that would involve
additional negotiations, mediation or arbitration.
E. In developing the process, the parties will be guided by the following principles:
1) The parties will attempt in good faith to reach a negotiated settlement.
2) The parties agree that there must be fair representation of the parties
directly involved in the dispute.
3) The parties will use legal proceedings as a last resort.
4) In the event the parties are unable to resolve the dispute, each party
retains all rights, remedies or defenses it had prior to entering the
process.
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The parties will report to the Authority within 60 days of their first meeting on the
resolution of the dispute or a recommendation to commence legal proceedings.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their
hands on the date written below:
Passed and adopted by the City Council of the City of Elk River,
Minnesota, this __ day of ,1997.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
14
NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY
ISTEA II PROJECT APPROVAL TIMELINE
OCTOBER 1, 1996, TO NOVEMBER 30, 1997
cfober
November
December January
Negotiate provision:
oflSTEA II
Administration ISTEA II
Bill Introduced
I
February
House
Projlct }1
Mat 'ch
House/Senate
Staff Discussion Final Action 98'
ISTEA II conference Approps
ttouse Apporps.
Action ISTEA Expires
9/30/97
~rings
House Consideration
of ISTEA II
April
May ffune
Senate Comn!iltce Hearings
July Augttst September
Senate Con:
of ISTE,,
ideration
II
Senate Approps Action
ttouse/
Cc
October
I
]enate ISTEA II
November [ 997
~feren'ce/Conference Report
Approval/Enactment
t louse/Senate Approps. Confi