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7.2. SR 07-19-2004Kiver 13065 0r0n0 Parkway Elk River, MN 55330 MEMORANDUM Item# 7.2. TO: FROM: DATE: SUBJECT: Mayor and City Council Scott Harlicker, Senior Planne July 19, 2004 Northstar Corridor Update At the NCDA meeting held on June 24th the Authority received an update on the status of the bonding bill and state legislative session. As you have probably read in papers, the state legislature will have to have a special session if a decision is to be made regarding funding for the Northstar Corridor. To date no session has been scheduled. Positive discussions are still taking at the federal level regarding funding. The Hiawatha Line is up and running. I had a chance to ride it 2 weeks ago. I thought it was great; it was a quick, quiet and smooth ride. Phone: 763.635.1000 Fax: 763.635.1090 www. ci.elk-rivet:mn.us NCDA Meeting Agenda June 24, 2004 4:30 p.m. NOTE LOCATION CHANGE' Anoka County Government Center, Room 705 (Boardroom) Anoka, MN Action Requested Minutes of the May 6, 2004 NCDA Meeting* Executive Committee Report: a. Three-month Budget Extension (July-September)* b. 2004 Interim Professional Services Contract Amendments* 3. Future of Northstar 4. Legislative Update a. State b. Federal 5. Public Information a. Hiawatha Line Opening b. Other 6. Northstar Commuter Coach Update 7. Other: Next Meeting: August 5, 2004 Approval Consider Executive Committee Recommendation Consider Executive Committee Recommendation Discussion Information Information Information *Documentation enclosed Northstar Corridor Develop~nent Authority 2100 3''~ Avenue, Anoka. Minnesota 55303-2265 (763) 323-5700 Fax: (763) _~_,~->o~,. www. northstartrain.org NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY Regular Meeting Minutes May 6, 2004 The Northstar Con-idor Development Authority met on May 6, 2004, in regular session at the Sherburne County Goven'urtent Center, Elk River, Minnesota. Members in attendance: Paul Ostrow, Bruce Nawrocki, Jeanne Mason, David Elvig, Toni Gamec, Felix Sckmiesing, Laurie Kuestar, Arne Engstrom, Dem~is Berg, LeRoy Pauley, Ken Paulson, Dan Lieser, Art Daniels, Woody Bissett, Bob Jol'mson, Terry Nagorski, Ewald Petersen, Scott Harlicker, John R. Norgren, Robert K/rchner, Patrick Cairns, Duane Grandy, Dan Erhart, Brim~ Bensen, Others in attendance: Mary Richardson, Elliott Perovich, Paul McCarron, Jay McLinden, Todd Rapp, Jeff Dehler, Ken Stevens, Mike Schadauer, Cliff Greene, Jeff Elliott, Jon Olson, Jim Barton, Rex Bresnik, Julie Johanson, Dave Petersen, and Sue Youngs The meeting was called to order at 4:41 p.m. A motion was made by Ewald Peterson, seconded by Tom Gamec and carried unanimously to approve the meeting rninutes of April 1, 2004, and the agenda of May 6, as presented. 2. Executive Cormrtittee Report: a) Selection of Legal Services Firm for Commuter Rail Negotiations. Paul Ostrow moved the NCDA Executive Committee/Capital Budget Committee 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. The motion was seconded by Jeannie Mason and passed unanimously on a voice vote. b) Update on BNSF negotiations. Cliff Greene and Ken Stevens provided an update on the BNSF negotiations. Mr. Greene stated that BNSF currently owns a maintenance facility and surrounding property in St. Paul, which they would like to sell. Ken Stevens informed the authority that they are taking a careful look at all the pros and cons before making any final recommendations. Bob Johnson inquired as to how purchasing the facility would be affected by extending the Northstar to the St. Cloud area. Mr. Greene responded that staff is currently looking at that issue. Arne Engstrom asked if it would be possible to use the facility for 5 years and then re-sell it? Mr. Greene said staff would also look into that possibility. c) Commuter Bus Update. Jon Olson, Anoka County, provided an update on the Northstar Commuter Coach stating that ridership has decreased since the ending of the Metro Transit strike, but that Northstar has retained approximately 70 additional riders. Mr. Olson also distributed a letter from Chair Grandy to Donna Allen, Minnesota Department of Transportation (Mn/DOT), as authorized by the Executive Committee, requesting that funding for the commuter coach be continued until September 2005, and further commented that the NCDA may terminate commuter coach contracts should they decide to discontinue the bus service before September 2005 Report on Feasibility Studies of Potential Future Stations - Ramsey and Sauk Rapids. Ken Stevens gave an overview of the feasibility studies of the Ramsey and Sauk Rapids station sites. Mr. Stevens stated that the Ramsey Station was meritorious and would improve Northstar's cost effectiveness. Mr. Stevens further stated that the Sauk Rapids station site did not prove as cost-effective and would require another study when the line is extended to the St. Cloud area. Until that time, it was suggested that the city review current development projects to see if they would be compatible with a transit- oriented development format. David Elvig, City of Ramsey, inquired if a Ramsey station indicator could be included on current maps of the corridor or if that would hurt the project overall. Mary Richardson explained the legal process required to include a Ramsey station in the corridor design plans. Mike Schadauer, Minnesota Department of Transportation, suggested that the NCDA work to bring the project into the final design stage first and then work towards including a station site in the City of Ramsey. Mayor Tom Gamec, on behalf of the City of Ramsey, thanked the NCDA members for their work and efforts in implementing a station study. 4. Legislative Update: a) State: Paul McCarron, McCarron and Associates, provided an update on current legislative activities stating that the Senate has, at this time, failed to pass a bonding bill, but is still in session. Mr. McCarron further commented that Northstar has provided much discussion during the session and that Northstar is currently in the proposed senate bonding bill for an amount of two million. b) Federal: Elliott Perovich, Anoka County, reported on current federal legislative activities. o Public Information Activities: JeffDehler, Anoka County, provided an update on public information activities stating that communication has been sent out to various organizations and coalitions asking them to distribute information to their members and urge them to contact their legislators. Mr. Dehler also reported that The All Aboard Elk River group was also planning to contact legislators. Todd Rapp, Himle Homer, further commented that all people have been contacted on the business list, and an email has been sent to all supporters urging them to action. 6. Other: a) Mary Richardson, Richardson, Richter, provided an update on the Metro Transitways Development Board's (MTDB) Ride the Rails Event for the Hiawatha Light Rail Transit Line The event has been set for May 25, 2004 at the Hennepin County Government Center. Ms. Richardson said that invitations would be mailed soon and that Congressman Sabo was one of the scheduled speakers at the event. 7, The next meeting of the Northstar Corridor Development Authority is to be detem~ined and members will be notified once the date has been scheduled. 8. Chair Grandy adjourned the meeting at 5:51 p.m. Duane Grandy, Chairperson Date \\Ntserver\company\NC DAkMinutes\NCDAMin 5-6-04.doc NCDA Agenda Item #2a MEMORANDUM June 17, 2004 TO: FROM: SUBJECT: NCDA Staff Three Month Budget Extension (July-September) The second half 2003 and first half 2004 budget was approved by the NCDA for the period July 10, 2003 through June 30, 2004. The budget and funding is sufficient to continue the Northstar development activities for the next three months. Because of the uncertainty of the future direction of Northstar, it is difficult to prepare a budget for the next 12 months. Therefore, staff are recommending that the NCDA extend the term of the current budget through September 30, 2004, with no additional contributions from members. Action Requested: That NCDA extend the term of the current budget through September 30, 2004 with no additional contributions from members. Northstar Corridor Development Authority ? 100 3"' Avenue, Anoka. Minnesota 55303-2265 f763) 323-5700 Fax: (763) 323-5682 www. northstartrain.or~z NCDA Agenda Item #2b MEMORANDUM June 17,2004 To: From: Subject: NCDA Staff 2004 Interim Professional Services Contract Amendments In September 2003, the NCDA entered into professional service contracts with Richardson, Richter & Associates, Inc. and Kenneth Stevens for project management. Additional funding is needed at this time due to the high level of activity over the last 9 to 10 months in BNSF negotiations, advanced preliminary engineering and preparation of submittals to the FTA. On January 8, 2004, the NCDA entered into a contract with Himle Horner for community and public involvement work for the first half of 2004. Since it is uncertain what the level of activity for Northstar will be over the next year, it is proposed that the project management and public information contracts be amended to provide funding for on-going services for an additional three months. Staff is recommending that the NCDA enter into the following contract amendments: · Amendment No. 1 with Ken Stevens increasing the contract amount by $30,000 for work within the current scope of services; · Amendment No. 1 with Richardson, Richter & Associates, Inc. increasing the contract amount by $55,000 for work within the current scope of services; and · Amendment No. 2 with Himle Horner Incorporated increasing the contract amount by $90,000 for work in community and public involvement for the next three months. These contract amendments are within the approved 2004 NCDA Budget and Work Plan. Action Requested: That the NCDA approve the proposed 2004 contract amendments as shown above and authorize the Chair to finalize negotiations and execute the contract amendments. Northstar Corridor Development AuthoriO, 2100 3"' Avenue, Anoka, Minnesota 55303-2265 (763) 323-5700 Fax: (763) 323-5682 www. northstartrain.org Northstar Corridor Development Authority Approved: July 2003 2003-2004 Budget Proposed Expenditures Ist Half 2nd Half January 1, 2003 2003 2004 Budget Proposed through September 30,2004 1. Administrative Expense (Annual Amt.) $30,000 $0 $30,000' Notes: Printing Postage Misc. Expense 2. NCDA Administration / Project $110,000 $166,800 $183,830 Management $50,000* $30,000* $216,800 $213,830 3. Insurance (Sept. - Sept.) $10,000 $0 $10,000' 4. Legislative Activities (Annual Amt.) $100,000 $0 $107,500' Notes: Federal State 5. Community and Public Involvement $350,000 $122,650 $122,650 250,000* 250,000* $372,650 $372,650 6. BNSF Negotiations / Legal Services $0 $110,370 $257,530 7. Update Ridership Forecast $0 $184,000 $0 *NCDA Expense. Not eligible for federal grant reimbursement. Ist Half 2nd Half January 1, 2003 2003 2004 Budget Proposed through September 30,2004 8. Value Engineering $0 $0 $184,000 9. Transit Oriented Development $0 $46,000 $46,000 10. Station Studies $0 $98,100 $0 11. Right of Way Acquisition $0 $715,319 $2,756,050 12. Preparation for Final Design $0 $0 $127,660 13. Vehicle/Equipment Procurement and $0 $0 $63,830 Specifications 14. Special Demonstration Project: $0 $25,902* $77,706* Northstar Commuter Bus Service (3 mos) 19 mos) TOTAL BUDGET AMOUNTS $600,000 $1,769,141 $4,246,756 GRAND TOTAL 2nd Half 2003 and Ist Half 2004 $6,015,897 *NCDA Expense. Not eligible for federal grant reimbursement. Proposed 2003 and 2004 Revenues Total Revenue Federal G rant $4,098,100 NCDA Match $1,086,689 NCDA Contribution for Non- $727,500 eligible Expenses Special Demonstration Project: Northstar Commuter Bus Service - County Reimbursement NCDA (1/3) Anoka County (1/3) TOTAL Sherburne County (1/3) $34,536 $34,536 $34,536 $6,015,897 Proposed 2003 and 2004 Contributions Benton 7.0% $128,710.75 Sherburne 15.0% $310,344.75~ Hennepin 14.5% $266,615.13 Anoka IMorrison Total 63.5% $1,202,126.371 $10,000.002 N/a 100% $1,917,797.001 NOTES: i Includes contributions by Anoka and Sherburne Counties for the Special Demonstration Project: Northstar Commuter Bus. 2 As in previous years, the Morrison County contribution is limited to a portion of the administrative costs of the NCDA. Contributions broke out Benton 7.0% $42,428.75 Sherburne 15.0% $99,552.75 Hennepin 14.5% $87,888.12 $86,282.0O $128,71 O.75 $210,792.00 $310,344.753 $178,727.01 $266,615.13 $1,202,126.371 Anoka 63.5% $393,523.37 $808,603.00 Morrison N/a $5,000.00 $5,000.00 $10,000.004 Total 100% $628,392.99 $1,289,404.01 $1,917,797.001 NOTES: 3 Includes contributions by Anoka and Sherburne Counties for the Special Demonstration Project: Northstar Commuter Bus. 4 As in previous years, the Morrison County contribution is limited to a portion of the administrative costs of the NCDA. DATE: May 18, 2004 TO: Bob McFarlin, Assistant to the Commissioner Tim Yantos, NCDA Project Director FROM: Mike Schadauer, Fixed Guideway Transit Manager Mary Richardson, NCDA Legal Counsel RE: Implications to Northstar Commuter Rail Project If Bonding for Northstar Not Approved You asked us to summarize the likely impact on the Northstar Commuter Rail Project that would result from the Legislature's failure to approve bonding in the amount of $37,500,000 for the project. This memorandum describes the implications of delay in project implementation. Financial Implications 1. Loss of Funds Appropriated by Congress a. Congressional appropriations for the Northstar project include the following: i. FY 2002 Public Law 107-87 - $9,900,131 (Expires on September 30, 2004) ii. FY 2003 Public Law 108-7 - $4,917,912 (Expires on September 30, 2005) iii.FY 2004 Public Law 108-199 - $5,659,028 (Expires on September 30, 2006) b. Failure of the 2004 Legislature to provide its share of the local match for these federal funds will result in the loss of $9,900,131. If the Legislature does not act until the 2006 bonding year, an additional $4,917,912 in federal funds will expire on September 30, 2005. 2. New Starts Process a. The Northstar Commuter Rail Project completed the preliminary engineering phase of the Federal Transit Administration's New Starts process in 2001. b. FTA guidelines prohibit projects from advancing into the final design phase if project sponsors have not secured 50% of the non-federal (local) match of the project's capital costs. c. Failure of the 2004 Legislature to provide its share of the non-federal matching funds ($37,500,000) will result in an FTA rating of "not recommended" for federal funding, and the project may not progress into the final design phase. The F-FA has indicated that the project will not receive a "recommended" rating until the local match is secured. d. The competition for FTA New Starts funding intensifies every year as more projects are proposed across the country. The introduction of Bus Rapid Transit has greatly increased the number of projects eligible for New Starts funding. 3. Inflation For each year of delay in the construction of the Northstar project, capital costs increase at the rate of inflation. According to the Engineering News Record, the construction cost index increased 3.75% so far in 2004. Assuming an inflation rate of 4% per year, a one- year delay of Northstar would increase the capital cost by approximately $10.6 million to a total of $275.6 million. If the project were delayed a second year with approval in 2006, the capital cost will increase by an additional $11.0 million to a total of approximately $286.6 million. 4. Connection to Hiawatha As the Hiawatha project completes construction this year, opportunities for minimizing the costs of constructing the extension are at risk (e.g. the expertise of the HPO and contractors in final design, utility relocation, and construction issues). Note, too, that the option to purchase additional light rail vehicles ex. pires in January, 2005. If vehicles are not procured pursuant to the option, the cost of the additional two vehicles is likely to be substantially higher. 5. Right-of-Way Acquisition Costs Two of the proposed station sites (Fridley and Minneapolis) are located on currently available, privately owned, vacant land. Delay in acquiring these properties could result in significantly higher costs or loss of the sites due to private development. BNSF Ne.qotiations 1. Lost Opportunities for Reducinq Capital Costs BNSF is currently evaluating its freight operations in the Northstar Corridor, as well as its future usage of its property and facilities affecting the Corridor. BNSF's planning activities have factored in Northstar commuter rail and have created opportunities to reduce the amount and costs of capital improvements deemed necessary by BNSF for Northstar. In particular, BNSF has identified as negotiable $38,000,000 in capacity improvements based on these new opportunities. If the State fails to commit funding, BNSF's decisions will be made in a manner consistent with its current business needs without regard for commuter rail operations. Current opportunities to realize economies will be lost. (For example, cost saving opportun~ies include the possibility of the purchase of existing facilities up for sale by BNSF. Due to interest by other potential buyers, these facilities may not be available in the future.) Delay Jeopardizes Future Neqotiations For the last six months, BNSF has given Northstar priority attention, expended considerable resources, and involved a variety of professionals in the negotiations regarding necessary capacity improvements. These discussions were conducted in good faith after a hiatus of three years. If the Legislature does not fund Northstar, BNSF's willingness to invest time and money in ongoing negotiations is likely to be greatly diminished, and it cannot be assumed that BNSF will reopen negotiations with the same level of commitment. ~/i@/20~4 i5:i8 NOrM COLEMAN ~N~DTA "..' 3une' 17, 2004 .'..i'., 2:" The I"Io~omble Tim.?awlenty ' ' ·: Offico of the ... . :..13o State C~pitol : .7S KeV. Dr. Martin Luther King Jr,-Btv& .St Pa~l, MN 55155 HBB 5]~ATOR COLEMAn. WASHINffI'ON~ DP- 20510--2307 PAGE '~OoZ' P..,OMMi i fei: DH' : .." GOV~RNMEN~ALA~FAIR~ '" ' ' ~.~.v~s .Deer C-ovmmor Pawlenty: . ", .... .. I am writing to thznk you £~r your le~e, zship in i=wsting ~n M~n~ezota's hifrasu'uctur=. L=~t ye=, you provided th= l~rgest i~ffuslon ofroaxi-buSlfllt~g ~m/fls ~ state history, I aisc want to . .thru:A: you for rez%vMziz~ the importance of includ/n,g pub. Ho tram-it in o~ zt,~te% transportation 'plan. I was very pleased lo ]eam that you included the Nortt~star Commuter P,~il project .~. bo~c]{~g plan. " I Eve bec~ follo~g ~e l~Og~Css of~e 1V~i~ot~ Le~sI~ close}y, a~d I l~ow t~aZ you worked ve~ hard ov&r ~e la~ s~ mo~Cd~ to ~asu~ that ~e Norfi~ CwzTjdor wa~ ~ncluded ~e bo£,din§ bill.. ~ you !~ov, I too ~tron~y s~tppo~ ~ N~zihst~ Co~nm~ K~ N~t md f~fl level ~ wo~y project is ~j~y of~d~ a "N~ R~omm~d~" ~fing ~-50 TJt, AV~P. Ae'P~ A~13~E Wl~'l' ST, PAUL, MN 5J"Jl,e-105e 86/18/2884 15:18 '05/ls?~004 ~4:~. FAX 2822968883 I~BB SENATOR COLF~N': .' . ' ' 'i Will pro. va ess~ffal to improvi~ the q{mlity of]ifc in · .'" "Senator Norm Col~na~ .U'nked States Senate .. PAGE '::/.:',~ 003 Aa you Oontinuo yom: dialogue with the state legislatura, please }mow tlmt I ~tand read~ t~ assist .. you in gnc~uragi~g ooop~ation on this iarportant matter.' I am do~ly commi'tte~ ~o this project and hope Wc ~an ensure the Northstar Corridor r~cdves at'ate ~ tlal ~ year. "Thank you again for your hazd work and Support ofthis Pr0je~ It is my'expectation thst'~tmCeSs. ,Cc: The HonorabI¢ Richard Day The Honorable Dean lolz~on The Honorable Stye Sviggum. Tee Honorable Matt Entenza 06/22/2004 14:32 FAX 703 620 4709 CAPITAL PARTNERSHIP ~ ELLIOTT PEROVICH ~002 CAPITAL PARTNERSHIPS (VA), :1.1350 Random Hills Road, #8008 Suite 800 Falrfax, VA 22030 703/620-9015 Fax:703-6204709 MEMORANDUM To: Elliott Perovieh CC: John Brimsek From: Ken Butler Date: June 22, 2004 I Re: STATUS OF TRANSPORTATION REAUTHORIZATION CONFERENCE As we go into the final week before the Fourth of July recess, I wanted to let you know where things stand with the prospects for a six-year reauthorization bill this year. Las,~ week I met with one of the Chief Counsel's of the U.S. Department of Transportation'and he related that the department had been asked to draft a one-month mad a three-month, extension of the federal highway/transit program, which expires on June 30, 2004. It ,was his opinion that if the Congress went with the one-month bill, there was still a chance that a six year bill could emerge from Congress before the National Democratic Convention convenes in Boston on or around July 26, 2004. If the Congress went to the three-month extension until after the beginning of the next federal fiscal year, it was considered very unlikely a long-term bill could pass this year. The good news is that the Congress sometime this week will be passing the 30-day extension bill. Further, our hopes were heightened on last Friday, when Senate Majority Leader Bill Frist (R-TN) stated in a news conference that he and Speaker Bill Hasten (R-ILL) had directed the House/Senate Transportation Conferees to draft a $275 billion, 6-year reauthorizafion bill and that a process had been agreed to for passing the bill before the August Congressional recess. I met yesterday with a top aide to House Majority Leader Tom DeLay and no such agreement was ever made and since then nearly all of the Senate Conferees have denounced the $275 billion level. The bottom line is the old saying "the more tkings change the more they stay the same." The likelihood of a major bill passing this year is still not good, BUT w/th the Con~ess passing only a 30 day extension and everyone believing that something must happen before the August recess for there to be a bill this year, the possibility still exists that a major bill will emerge. We will be still working on your behalf with that belief in mind.