4.5. SR 11-18-2013 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 4.5
Agenda Section Meeting Date Prepared by
Consent November 18, 2013 Suzanne Fischer,Director, CODD
Item Description Reviewed by
Memorandum of Understanding with Metropolitan Cal Portner, City Administrator
Council, Region 7W Transportation Board and Reviewed by
Various Cities to Conduct Federally Required
Metropolitan Planning Activities
Action Requested
Approve by motion the attached Memorandum of Understanding.
Background/Discussion
As determined through the 2010 Federal Census,portions of Elk River and other neighboring
communities in Sherburne and Wright Counties are now included in the Greater Twin Cities Urbanized
Area. This distinction comes with a federal requirement to become part of the regional Metropolitan
Planning Organization (MPO) for transportation planning.
The attached Memorandum of Understanding (MOU) provides for the compliance of the federal law. It
also allows potential federal transportation funds throughout the existing Central Minnesota Area
Transportation Partnership.
Financial Impact
None
Attachments
■ Memorandum of Understanding
P a w E A E U a r
NaA f RE]
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE METROPOLITAN COUNCIL, REGION 7W TRANSPORTATION POLICY BOARD,
WRIGHT AND SHERBURNE COUNTIES, THE CITIES OF ALBERTVILLE, ELK RIVER,
HANOVER, OTSEGO, and ST. MICHAEL
TO
CONDUCT FEDERALLY-REQUIRED METROPOLITAN PLANNING ACTIVITIES
The parties to this Memorandum of Understanding (MOU) are the Metropolitan Council of the Twin
Cities (Council), the Region 7W Transportation Policy Board (Region 7W TPB), Wright and Sherburne
Counties (Counties),the cities of Albertville, Elk River, Hanover, Otsego, and St. Michael;
WHEREAS, federal transportation law and regulations (23 USC 134 and 135; 49 USC 5303 and 5304; 23
CFR 450 Subpart A— Transportation Planning and Programming Definitions; and 23 CFR 450 Subpart C—
Metropoliton Transportation Planning and Programming) require a metropolitan planning organization
(MPO) to be designated for all urbanized areas with a population of more than 50,000 to establish and
maintain a continuing, coordinated, and comprehensive transportation planning process;
WHEREAS, the Council was established by the Minnesota Legislature in 1969 to plan for the orderly and
economic development of the seven county Minneapolis-St. Paul region and was designated by the
governor as the MPO for the Minneapolis-St. Paul Urbanized Area in 1973;
WHEREAS, on March 27, 2012, the U.S. Census Bureau identified portions of Albertville, Hanover,
Otsego, and St. Michael in Wright County and portions of Elk River and Big Lake Township in Sherburne
County, hereinafter referred to as "the extended area," as part of the Minneapolis-St. Paul Urbanized
Area, which is the first time the Minneapolis-St. Paul Urbanized Area has extended beyond the Council's
seven county jurisdictional area;
WHEREAS, under federal regulations, the MPO transportation planning area boundary must encompass,
at a minimum, the entire "Urbanized Area" or UZA as defined by the U.S. Census Bureau and the area
expected to become urbanized within the next 20 years;
WHEREAS, federal law does not require a re-designation of an MPO solely due to expansion of its
boundary;
WHEREAS, US DOT policy encourages boundary changes be accomplished through agreements between
affected jurisdictions;
WHEREAS, MN Statute 473.146, subd. 4 says "(a) The Metropolitan Council is the designated planning
agency for any long-range comprehensive transportation planning required by section 134 of the
Federal Highway Act of 1962, Section 4 of Urban Mass Transportation Act of 1964 and Section 112 of
Federal Aid Highway Act of 1973 and other federal transportation laws. The Council shall assure
MOU to Conduct Federally-Required Metropolitan Planning Activities Page 1 of 13
administration and coordination of transportation planning with appropriate state, regional and other
agencies, counties, and municipalities;"
WHEREAS, Wright and Sherburne Counties are part of the Central Minnesota Area Transportation
Partnership (ATP) for federal transportation funding;
WHEREAS, Wright and Sherburne Counties are part of the Region 7W TPB established by Joint Powers
Agreement duly executed by Benton, Sherburne, Stearns, and Wright Counties on January 4, 2000;
WHEREAS,the Region 7W TPB's Statement of Purpose, as defined in the Joint Powers Agreement, is "to
address regionally-significant transportation issues, conduct regional transportation studies and plans,
and solicit and select projects seeking federal transportation funding that support the activities of
MnDOT and the Central Minnesota ATP";
WHEREAS, Section 176(c) of the CAA, 42 U.S.C. § 7506(c), requires federally-funded transportation
plans, programs, and projects that are funded or approved under 23 U.S.C. (Highways), or the Federal
Transit Act, 49 U.S.C. ch. 53 (Public Transportation) to conform with State and Federal air quality
implementation plans; and
NOW,THEREFORE,the parties recognize and agree:
1. AGREEMENT PURPOSE. As part of its charge from the state legislature to "assure
administration and coordination of transportation planning with appropriate state, regional and
other agencies, counties, and municipalities" the Council desires to enter into an agreement
with the above named counties and cities in the "extended area" to meet the metropolitan
transportation planning requirements as required by federal law;
2. APPLICABILITY. This agreement only applies to federal metropolitan transportation planning
requirements; it does not extend any of the Council's other statutory roles and responsibilities,
such as provision of wastewater treatment or transit service, nor the requirement for local land
planning in conformance to the Metropolitan Development Guide, to be applicable to these
parties;
3. PLANNING AREA BOUNDARIES. The metropolitan planning area boundary selected by the
"extended area" parties in accordance with federal law will be accepted by the Council as
metropolitan transportation planning area for the affected areas of Wright and Sherburne
Counties;
4. TRANSPORTATION PLANNING. The parties will conduct a transportation planning process that
is continuing, cooperative, and comprehensive and provide for the consideration of projects,
strategies, and services that address the requirements in 23 CFR 450 Subpart C— Metropolitan
Transportation Planning and Programming. A primary responsibility of the MPO is to prepare
an updated long range transportation plan every four years. Under federal law, this plan must
be "fiscally constrained" so it does not plan for expenditures beyond those revenues expected
to be reasonably available within the time frame of the plan. The Council will coordinate with
the Region 7W TPB, as representatives of the extended area, to discuss and agree upon projects
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in the extended area that are to be included in the MPO's fiscally constrained plan, and will also
discuss and agree upon any "illustrative projects" in the extended area that could be reflected in
the plan as projects that could be built if additional resources are secured within the plan
timeframe. The Council will coordinate with the Region 7W TPB if plan amendments that
impact the extended area are needed prior to the usual four year plan update cycle;
5. TRANSPORTATION PROGRAMMING. A primary responsibility of the MPO is to prepare a short
range Transportation Improvement Program to cover a four year period. The Council and its
Transportation Advisory Board (TAB) will work cooperatively with the extended area
participants, and the Region 7W TPB, the Central Minnesota ATP, and MnDOT District 3 to
develop the Transportation Improvement Program for the Twin Cities Metropolitan Area, adopt
it and transmit it to MnDOT for incorporation into the State Transportation Improvement
Program (STIP) by October 1 of each year. The TAB will continue to select projects for the
seven- county area through its regional solicitation process. Projects to be funded with federal
money in the extended area will be selected through the existing District 3/7W ATP process, and
transmitted to the Council for inclusion in the MPO's TIP. If a TIP amendment that impacts the
extended area is needed prior to the usual annual TIP update cycle, MnDOT District 3 and the
Region 7W TPB will submit the amendment to the Metropolitan Council for inclusion in the
MPO's TIP and subsequently the STIP;
6. METROPOLITAN PLANNING FUNDING. The parties agree that the Council will utilize PL and
Section 5303 funds from the US DOT to carry out this planning work and will not request
additional funding from the other parties;
7. AIR QUALITY CONFORMITY. The MPO must assure that its transportation plan and TIP are in
conformity with the federal Clean Air Act. This will continue to be accomplished under the
process described in the "Transportation Conformity Procedures for Minnesota." Portions of
Wright County, as well as portions of the original seven county MPO area, have been included in
the air quality maintenance area for the region since the maintenance area was designated by
US EPA in 1999;
8. COMMUNICATION. Provision of a forum for interaction among local jurisdictions, between
local jurisdictions and state agencies, and between state/local agencies and the public is a key
responsibility of MPOs. In order to maintain open communication on transportation planning
issues, the Council will coordinate at least one meeting each year between the chair of the
Council, the chair of the Council's transportation committee, the chair of the Council's
Transportation Advisory Board, and local elected officials of the affected communities in the
extended area. At a staff level, each of the two counties (Sherburne and Wright) will be invited
to send a representative to the MPO's Technical Advisory Committee (TAC). The TAC reviews
and recommends for approval the long-range transportation plan, the TIP, UPWP and other
studies and plans undertaken by the Council;
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9. PUBLIC PARTICIPATION. Public participation in the preparation of all transportation planning
documents, including the long range plan and the TIP, will be facilitated by provision of public
meeting and/or public hearing locations convenient to residents of the extended area and
dissemination of information through local channels in Sherburne and Wright Counties, such as
libraries and community media. Material will also be electronically available on the Council's
website;
10. LEGAL AUTHORITY. This MOU is not a legally binding agreement and creates no legally binding
obligations for any party. Because of the mutual desire to proceed and achieve the goals stated
in this MOU, each party fully intends to make a good faith effort to achieve the goals described
above to work together to comply with the federal and state laws;
11. GOVERNMENT DATA. The parties acknowledge that this MOU, as well as any data created,
collected, stored, or received under the terms of this MOU, are "Government Data" within the
meaning of the Minnesota Government Data Practices Act (Minnesota Statutes Chapter 13), and
that they must comply with the provisions of the Act as if related to such data;
12. EFFECTIVE DATE. This MOU shall be effective when all appropriate signatures have been
obtained by the Council, the Region 7W TPB, Wright and Sherburne Counties, and the cities of
Albertville, Elk River, Hanover, Otsego, and St. Michael;
13. MODIFICATION. Any amendments to this MOU must be mutually agreed to in writing. All
parties agree to review the MOU (and amend as necessary) following the release of urban areas
boundaries by the U.S. Census Bureau based on the 2020 U.S. Census;
14. TERMINATION. The terms of this MOU may be terminated by any one of the parties by giving
90 days written notice to each of the other parties. This MOU will remain in effect until
terminated as provided in this clause, or until replaced by a new MOU.
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I concur with this Memorandum of Understanding
Sherburne County
By:
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I concur with this Memorandum of Understanding
Wright County
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I concur with this Memorandum of Understanding
City of Albertville
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I concur with this Memorandum of Understanding
City of Elk River
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I concur with this Memorandum of Understanding
City of Hanover
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I concur with this Memorandum of Understanding
City of Otsego
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I concur with this Memorandum of Understanding
City of St. Michael
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I concur with this Memorandum of Understanding
Region 7W Transportation Policy Board
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I concur with this Memorandum of Understanding
Metropolitan Council
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