4.2. SR 05-17-2004Item#
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Senior Planne~
May 17, 2004
Northstar Corridor Update
At the NCDA meeting held on May 6tn the Authority received an update on the negotiations
with BNSF and the operation of the commuter coach service. The negotiations are moving
forward and the coach service is successful. There was a short update on the feasibility
studies of potential future stations at Ramsey and Sauk Rapids. The Ramsey site would have
a positive affect on the Cost Effectiveness Index (CEI) and the Sauk Rapids site would have
a negative affect. The CEI is the measurement that the FTA uses to rate the feasibility of
transit projects.
State funding, as of Friday, was still locked up in the bonding process. The House did not
include it in their version and the Senate included some funding in their version.
NCDA
Meeting Agenda
May 6, 2004
4:30 p.m.
Sherburne County Government Center
Elk River, MN
Action Requested
Minutes of the April 1, 2004 NCDA Meeting*
Executive Committee Report:
a. Selection of Legal Services Firm for Commuter Rail
Negotiations*
b. Update on BNSF Negotiations
c. Commuter Bus Update
Report on Feasibility Studies of Potential Future Stations:
Ramsey and Sauk Rapids*
Legislative Update
a. State
b. Federal
Public Information Activities
Other:
a. MTDB Ride the Rails Event for the Hiawatha LRT Line
Approval
Consider Executive
Committee
Recommendation to
NCDA
Information
Information
Discussion
Discussion
Information
*Documentation Enclosed
Next Meeting: June 3, 2004 (tentative)
NCDA Executive Committee Agenda Item
NCDA Agenda Item #2a
MEMORANDUM
Date:
April 30, 2004
To:
Northstar Corridor Development Authority
From: Staff
Subject:
Selection of Legal Services Consultant for Commuter Rail Negotiations
Background
Three firms responded to the request for proposals to provide legal services to the Northstar
Corridor Development Authority (NCDA) for commuter rail negotiations: Green Espel PLLP,
Leanard Street and Deinard, and Lindquist & Vennum PLLP.
An evaluation team was formed to evaluate the responses to the RFP and conduct the
interviews. The team includes the following members:
Paul Ostrow, NCDA Vice Chair, Minneapolis Councilmember
Tim Yantos, NCDA Project Director
Mike Schadauer, Mn/DOT
Paul McCarron, NCDA Project Management Team
Mary Richardson, NCDA Project Management Team and RRA
Colleen Herrmann, Anoka County Attorney
Jan Lucke, RRA
Proposals were evaluated and scored based on the following criteria: experience of the
proposing firms, experience of personnel, quality of response, disadvantaged business
enterprise (DBE) participation, ability to meet contractual requirements, and price.
Results of the Evaluation
The evaluation team selected Lindquist & Vennum PLLP and Green Espel PLLP for interviews.
Interviews took place on April 26 and April 28, 2004 respectively. Staff are in the process of
contacting references and will bring their final recommendation to the Executive Committee on
May 6, 3004.
Action Requested:
That the NCDA Executive Committee / Capital Budget Committee
make a recommendation that the NCDA authorize the Chair to
finalize negotiations and execute a contract with for a
contract term of May 15, 2004 through December 31, 2006 and a
contract amount not to exceed $200,000 through December 31,
2004.
Northstar Corridor l~evelopment Authori~.
2100 3:" Avenue. Anoka, Minnesota 55303-2265 (763~ 323-5700 Fax: {763) 323-5682 www.northstartrain.or,~
NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY
Regular Meeting Minutes
April 1, 2004
The Northstar Corridor Development Authority met on April 1, 2004, in regular session at the
Sherburne County Government Center, Elk River, Minnesota.
Attendees included: Lynn George, Duane Grandy, Tim Yantos, Ken Paulson, Scott Harlicker,
Woody Bissett, Ewald Peterson, Terry Nagorski, Felix Schmiesing, Dan Lieser, LeRoy Pauley,
Scott Schulte, Ame Engstrom, Patrick Cairns, Jean Keely, Linda Jungwirth, Dave Peterson,
Robert Kirchner, Mark Myraa Jim Barton, Dean Michalko, Paul Ostrow, Bob Bamette, Bruce
Nawrocki, John Weaver, David Elvig, Tom Gamec, Dennis Berg, Cliff Greene, Ken Stevens,
Montgomery Headly, Paul Danielson, Mike Schadauer, Paul McCarron, Bill Schreiber, Elliott
Perovich, Jeff Dehler, Todd Rapp, Mary Richardson, Jay McLinden, Brian Bensen, Peggy
Aho, Dan Erhart
The meeting was called to order at 4:41 p.m. A motion was made by Dan Lieser, seconded
by Ewald Peterson and carried unanimously to approve the meeting minutes of January 22,
2004, and the agenda of April 1, 2004, as presented.
2. Executive Committee Report:
o
a)
The Committee was notified of the following Resolutions regarding local
contributions to Northstar capital costs:
County RRA Resolution # Date
Sherbume County
Anoka County
Hennepin County
Benton County
030904-RRA-03
2004-2
N/A - Draflform~
N/A- Dra~formm
March 9,2004
March 9,2004
b)
A motion was made by Felix Schmiesing, seconded by Paul Ostrow
and carried unanimously to approve the recommendation of the Executive
Committee to approve the Chair to finalize negotiations and execute a contract
amendment with Greene Espel extending the contract term to May 15, 2004
and increasing the contract amount by an additional $20,000.00.
Legislative Update:
a)
Bill Schreiber provided a legislative update reporting that the bonding bill is not
expected to be out of the House Committee before the Easter break Legislators
are interested in the Northstar project and are asking detailed questions about
the project.
Northstar Corridor Development Authority
Regular Meeting Minutes
April 1, 2004
Page 2
b)
Elliott Perovich reported the status of the Appropriations Bill. Members of
Governor Pawlenty's staff are working for support of the Northstar Corridor and
the appropriations bill.
Clifford Greene, Greene Espel, reported on the progress of capital improvement
negotiations between NCDA/MnDOT and Burlington Northern and Santa Fe Railroad
(BNSF). BNSF has identified $51-$57 million of"core" projects that are non-
negotiable. "Negotiable" projects total approximately $38 million which NCDA is
optimistic can be reduced or eliminated without compromising customer freight
service. The total of BNSF's current estimates of"core" and "negotiable" projects is
$89-95 million as compared with its original estimate of $103 million. NCDA/MnDOT
and BNSF is prepared to enter into the next phase of negotiations.
Ken Stevens reported that the feasibility studies of potential future stations in the cities
of Ramsey and Sauk Rapids are completed in "draft" form. Paul Danielson, Himle
Homer, reviewed results of the study. The final report will be made available at the
May NCDA meeting.
Ramsey station: The proposed Ramsey station is located at the new Ramsey Town
Center where access is readily available. Ridership is projected to increase by 4.3%
with the addition of this station resulting in a 2.9% increase in user benefit and an
estimated 25,520 additional hours of annual user benefit. Additional information:
Minimal environmental clearance required,
Minor track and signal impact,
Cost approximately $4.9 million in 2007 dollars,
Improves cost effective index (CEI) by $0.24,
Station would have a positive impact on the project
Sauk Rapids station: The proposed Sauk Rapids station is located in the current
downtown area. Ridership is projected to be minimal with no change to user benefits.
However, a Sauk Rapids station would be favorable as a layover facility. Additional
information:
Environmental clearance would be required,
No significant track and signal impact,
Cost approximately $5.9 million in 2007 dollars,
Degrades cost effective index
Northstar Corridor Development Authority
Regular Meeting Minutes
April 1, 2004
Page 3
o
o
o
Jeff Dehler, Anoka County, reported on Northstar Commuter Coach ridership and
operations. E-mail received from several citizens were read urging continued service.
Additional buses have been added due to the current Metro Transit strike. There is
standing room only on most runs.
Jeff Dehler also provided an update on public information activities including many
local events and a rally at the State Capitol. He reported that over 250 businesses have
signed up in support of the Northstar Project.
The next meeting of the Northstar Corridor Development Authority is scheduled for
Thursday, May 6, 2004, 2004, at 4:30 p.m. at the Sherburne County Government
Center.
A motion was made by Leroy Pauley, seconded by Patrick Cairns and carried
unanimously to adjourn the meeting at 6:05 p.m.
Duane Grandy, Chairperson
Date
HSAdmndata\Committees\Corridor NCDAL2004WlinutesXApril 1 2004 draft.doc
OPINION
+12. A MONOAY. MAY 3. 2004
EDITORIALS
COMMUTER RAIL
Put Northstar line
back in bonding bill
Minnesota's transportation needs should not be a
partisan issue. In its 2001 comprehensive trans-
portation plan, the Metropolitan Council noted that
citizens identified traffic congestion was the .No. 1
quality of life issue, that the rate of congestion was
increasing, at an ever more rapid rate and that
between 2000 and 2025, the metro area is expected to
gain aboht 635,000 people and 312,000 jobs.
The Minnesota Legislature must quit partisan
game-playing with the funding need for the North-
star Corridor heavy rail project between the Cities
and Big Lake. It was disappointing last week to see
the House's $678 million construction budget exclude
the Northstar project's needed $37.§ million in state
money. It is predictable that the DFL:controlled Sen-
ate will step forward with Northstar money and tout
its contrasting priorities in the safer political envi-
ronment of a non-election year for senators.
We understand and support the concept of fiscal prUdence
with state money, especially when it is borrowed. But we also
understand that deferral is different from prudence when con-
sidering the economic and environmental future of Minnesota.
In the House, the tightwad faction among Republicans is in
serious denial about multimodal transportation as both life-qual-
ity and economic imperatives. The bus solution up U.S. 10, they
saY, would be cheaper. But it makes little sense to add to the jams
on an already congested highway when existing train tracks and
major federal money are available to add an efficient option with
commuter rail. The true believers in only roads and bridges
should also realize that it would cost twice as much to widen U.S.
10 as to develop and maintain train service.
Northstar Commuter Rail would be funded by federal, state
and local sources at an annual cost of about $10.4 million, using
existing tracks to provide about 5,600 rides a day between down-
town Mirmeapolis and Big Lake (just south of St. Cloud). It's time
to get rolling on the $265 million Northstar Corridor capital proj-
ect. The difficulties of pollution and congestion in the northerh
exurban corridor and the needs for workers who commute to the
Cities aren't diminishing. They are growing.
More enlightened Republicans, including Rep. Kathy Tin-
glestad of Andoverj who has advocated doggedly for Northstar,
should be appointed by Speaker Steve Sviggum when the confer-
ence committee is formed to reconcile the House and Senate ver-
sions of this year's construction funding bills.
Sviggum and Gov. Tim Pawlenty, both Republican converts to
the Northstar, should have the clout to ensure the Northstar Cor-
ridor ends up with the state money that will make the first part
of the project possible. We encourage them to use it on behalf of
Northstar.
Our perspective
Il/
Rail choices
Minnesota has a knack for mak-
ing easy things hard. Finally after
· two delays -- one to add an extra
· station, another to accommodate a
· bitter strike -- comes the good news
that the Hiawatha light-rail line's
first 8-mile segment will open on
June 26.
Sadly, there will be no similar de-
'but for Hiawatha's companion, the
'Northstar commuter line, without
'i a heroic rescue by the governor and
-~ a legislative conference committee.
~. Both political parties used childish
.. legislative maneuvers to lay North-
star on its death bed. Now adults
.' must step in. Polls show wide sup-
.pon for the line. Soon Minnesotans
will know ff Gov. Tim Pawlenty is
just a show horse on Northstar or a
real work horse, and whether House
Speaker Steve Sviggum and Senate
.Majority Leader Dean Johnson can
rise above petty politics.
· Northstar has been sidetracke'd
7this session by a relentless smear
~. campaign that depicts rail transit as
'~an extraordinary option for the Twin
i: Cities. Actually it would be extraordi-
:znary for the Twin Cities not to offer
--a regional rail choice. Let's scan the
latest evidence.
>-Denver's Regional Council of
Governments last month approved a
"$4.7 billion transit expansion to add
~ 119 miles of light and commuter rail
to the current 38-mile LRT system. A
recent poll shows 70 percent of vot-
ers favoring the expansion, which
would raise the regional sales tax by
four-tenths of 1 percent.
~Portland opened its fourth
light-rail line last week with crowds
so heavy that extra trains had to
be added. The city has 48 miles of
LRT track, a new streetcar loop and
,,nearly 80,000 daily riders.
~ Seattle added commuter trains
~_'north to Everett last December to
'augment those already nmning
south to Tacoma. Thbse 82 miles
· will soon link up with Seattle's first
LRT line, a 14-mile segment from
~.downtown to the airport, with an
extension planned to the University
of Washington.
~Dallas' LRT ridership rose by
26 percent last year, while patron-
. age on Dallas-Fort Worth commuter
trains rose 11 percent. The system is
among the nation's most successful,
Keep Northstar on track
having now expanded to 88 miles in
just eight years, with suburban poli-
ticians pushing for more. Indeed,
three more lines are planned, aided
by a pledge of $700 million from the
federal government.
~Even before Houston opened
its first LRT line in January, voters
approved a $7.5 billion rail/bus
expansion for the next 2O years. A
first priority is extending four new
LRT lines outward from the 7.5-mile
starter trade When finished, the sys-
tem will cover 8O miles.
>-Salt Lake City will open a 44-
mile commuter line to Ogden in
2007 and link it to the city's 17-mile
LRT system. The current two LRT
lines can~ 38,000 riders per day,
twice the expected load. The transit
agency has purchased 175 miles of
track from the Union Pacific for fu-
ture expansion.
That's just a snapshot. Other Twin
Cities competitors are also moving
ahead. New construction will soon
expand St. Louis' system to 46 miles.
A Los Angeles-Pasadena line opened
last year. A 6-mile expansion will
soon stretch San Diego's system of 55
miles. Phoenix breaks ground in Au-
gust for a 20-mile starter line to open
in 2008, two years after Charlotte's
first line is expected to open. New
"baby-bullet" commuter trains will
slice a half-hour off the San Jose-
San Francisco trip starting in June.
Projects in Orange County, Calif.,
Boston, Pittsburgh, Baltimore and
Sacramento are moving forward.
It takes a supreme arrogance for
rail-bashing opponents to insist that
all of these other cities are wrong.
Yes, a few systems have stumbled.
LRT trains in San Jose and central
New Jersey have failed to attract
riders. Seattle has suffered major
construction cost setbacks. But for
critics to claim, as they have, that rail
has "reduced the livability of eveq~
urban area that has it" is simply and
utterly wrong and way oUt of step
with the trend.
Minnesotans deserve the same
commuting choices that others en-
joy. Following the no-transit crowd
will lead only to the smoggy, bum-
per-to-bumper landscape that no
one wants. Certain investments are
critical to the state's future. North-
star is one of them.
NCDA Executive Committee Agenda Item #4
NCDA Agenda Item #2a
MEMORANDUM
Date: May 6, 2004
To:
NCDA Committee / Capital Budget Committee
Northstar Corridor Development Authority
From: Evaluation Team
Subject:
Selection of Legal Services Firm for BNSF Negotiations
Three firms responded to the request for proposals to provide legal services to the Northstar
Corridor Development Authority (NCDA) for commuter rail negotiations:
· Greene Espel, PLLP with subcontractor Maslon, Edelman, B0rman and Brand, LLP
· Lindquist & Vennum, PLLP with subcontractor Harkins Cunningham, LLP, and
· Leonard Street and Deinard
Written proposals were evaluated and scored based on the following criteria: experience of the
proposing firms, experience of personnel, quality of response and approach to the negotiations,
disadvantaged business enterprise (DBE) participation, ability to meet contractual requirements, and
price. The evaluation team selected the Lindquist & Vennum team and the Greene Espel team for
interviews, which took place on April 26 and April 28, 2004 respectively.
The Greene Espel team's response to the RFP was unanimously scored equal to or higher than the
Lindquist & Vennum team's response in all criteria. Further, Greene Espel's response to interview
questions provided further detail about their approach to BNSF negotiations, which the evaluation
team believes to be more effective than the approach outlined by Lindquist & Vennum. Finally, Cliff
Greene has effectively advanced BNSF negotiations under Greene Espel's current contract with the
NCDA and proved to be responsive to the NCDA's needs and respected by the BNSF. The Greene
Espel proposal calls for Mr. Greene to continue in this lead rote.
Greene Espel's team includes the law firm Maslon, Edelman, Borman and Brand, LLP.' The lead
attorney to participate on the negotiation team from the Maslon law firm is Joe Alexander, a leading
transactional attorney in the Twin Cities. The references for Joe Alexander and the Maslon firm,
contacted by the NCDA evaluation team, gave Mr. Alexander and the Maslon law firm their highest
recommendations and indicated that Maslon brings a significant contribution to the Greene Espel
team.
The Linquist & Vennum proposal demonstrated significant expertise in railroad taw, environmental
law, and other related areas of the law. It is recommended that the NCDA not reject the Lindquist &
Vennum proposal, but reserve the right to enter into contract with Lindquist & Vennum should
1
Northstar Corridor Development Authority
2100 3rd Avenue, Anoka, Minnesota 55303-2265 (763) 323-5700 Fax: (763) 323-5682 www. northstartrain.org
additional funds be made available and the NCDA determines that additional services would be
beneficial for the project.
Action Requested:
That the NCDA Executive Committee / Capital Budget Committee
make a recommendation that the NCDA authorize the Chair to
finalize negotiations and execute a contract with Greene Espel PLLP
for a contract term ending on December 31,2006, and for a total
contract amount not to exceed $200,000 for work performed between
May 15 and December 31,2004.
2
NorthStar Commuter Coach Demonstration Project
October 1, 2001-April 15, 2004
25000
20000
15000
10000
5OOO
Oct. Nov. Dec. Jan. Feb. March April May June July Aug. Sept.
[] Year One
[] Year Two
[] Year Three
+ Higher Average
Run Time Jan Average
5:25 AM
5:55 AM
6:10 AM
6:25 AM
6:45 AM
7:05 AM
7:20 AM
7:55 AM
Total AM
3:30 PM
3:55 PM
4:10 PM
4:30 PM
4:50 PM
5:15 PM
5:30 PM
6:00 PM
Total riders
5:25 AM
5:55 AM
6:10 AM
6:25 AM
6:45 AM
7:05 AM
7:20 AM
AM
3:30 PM
3:55 PM
4:10 PM
4:30 PM
4:50 PM
5:15 PM
5:30 PM
6:00 PM
riders
Jan
39
61
51
53
72
49
53
31
497
50
38
65
55
62
35
66
60
51
76
62
52
36
534
55
5O
53
59
61
35
67
53
62
77
58
52
32
518
56
46
59
72
60
40
68
56
52
78
62
45
41
529
56
43
69
68
68
62
59
45
74
71
38
515
1049
62
76
38
519
1037
59
59
40
1044
26
40
48
55
66
46
26
30
48
4O
55
48
32
5O
23
31
46
35
57
48
41
5O
28
32
42
32
48
55
42
52
28
34
60
45
45
71
49
45
36
452
65
56
49
56
30
45
42
27
877
20
31
28
39
42
34
44
19
341 370 368 355 284
35 28 38 34 28
39 42 37 41 38
34 39 35 33 29
51 50 60 52 46
40 38 36 41 23
54 67 64 48 44
37 38 48 34 26
23 29 18 25 8
353 326
681
539
Avg Second Wk April
37
64
53
53
75
56
49
35
506
56
47
59
62
56
6O
61
38
Avg Third Wk April
41
37
51
48
43
48
25
33
39
34
52
36
55
37
21
% Change
84%
33%
12%
63%
115%
3%
30%
64%
88%
37%
103%
22%
28%
16%
98%
79%
69%
18%
-9%
8%
5%
65%
1%
11%
9%
16%
17%
2%
7%
18%
11%
11%