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4.8. SR 12-11-2000 . City of 1:( Elk . . Item #4.8. MEMORANDUM TO: Mayor & City Council FROM: Pat Klaers, City AtW.. mi7 is ator December 11, 200~ Consider Highway 10 Joint Powers Agreement DATE: SUBJECT: On May 8,2000, I updated the City Council on the Highway 10 Corridor Coalition Group that was starting to get organized under the leadership of the City of Coon Rapids. Attached is my May 8 memo to the council on this topic and recently received material from the City of Coon Rapids including the joint powers agreement, the statement of purpose for the coalition, and a membership fee schedule. This group has not met since May, but according to discussions with the Coon Rapids city manager, the formation of the work plan is just beginning and no one really knows when or if a consultant will be hired to help in the coalition's efforts, or whether or not the budget is an overstatement of needed revenues. Ideally there will be in kind contributions from such entities as Anoka County for putting together materials that need to be evaluated and analyzed in order to develop a workable proposal for enhancing Highway 10. If approved, we are going into this organization somewhat blindly in terms of not knowing how our funds are going to be used or whether or not there will be any benefits outside of the seven county metro area for Elk River. The likely funding source for improvements would be "metropolitan" dollars and the current policies do not allow those funds to be used outside of the seven county metropolitan area. Again, there is lots of uncertainty at this point, but I think we should be a member of this group at least in the short term until we know more about what is happening. 13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone (763) 441-7420. Fax (763) 441-7425 rei ---\) ( )j -ill< Item #4.4. River MEMORANDUM FROM: Pat Klaers, City Ad . M4,/. AfMIH 8, 2000 TO: DATE: SUBJECT: Highway 10 Study Groups There are two Highway 10 corridor study organizations currently working to improve this transportation corridor. - from Elk River through Becker. Minutes from the corri me ting ave been distributed to the City Council. conc e it sa aintaining an acceR highway u ccess ma nt develop recomme s for loca regarding this highway corn in nature and some of goals incl interchanges, trying to elimi funding for appropriate i - On a different Highway 10 corridor issue, the City of Coon Rapids is taking the lead to comprehensively research and address critical issues regarding the possible improvement and expansion of the highway. Essentially, the main goal is a third lane on Highway 10. The study will include land use management along the corridor and coordinating any highway improvements with other multi-modal projects (i.e., Northstar Corridor). This north metro Highway 10 corridor coalition group is just starting to get organized and the membership tentatively includes the cities of Coon Rapids, Anoka, Ramsey, Andover and Elk River, along with Anoka County. Other communities such as Dayton may join the organization, as Dayton is intimately involved in a 13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425 . . . potential river crossing project, and this, of course, is a Highway 10 issue. I believe Elk River needs to be a player in this coalition, as the Highway 10 transportation issues are impacting us and actually are starting beyond our boundaries to the west and north. There have been some concerns raised regarding financing of this corridor coalition, but initially, the expenses are going to be very small while the organization determines its major functions. Our share of the total budget is going to be in the 13 percent range and if we ever feel the need, it is very easy to get out of this organization by simply notifying them of our intent to discontinue. This joint powers agreement (JP A) is modeled after the South Highway 35W Coalition JP A. This corridor coalition is thinking long-range in its approach, even if nothing along Highway 10 gets improved for 10 or 15 years, and we need to be a player in this group or else we will get left by the wayside. s: \ADMIN\HWYIO.DOC . fOON R,Plor MINNESOTA ~ ~ fl~5o~~~~~a&~e Coon Rapids, MN 55433-3761 (763) 750-2880 . FAX (763) 767-6491 www.ci.coon-rapids.mn.us NOV i.uDO November 1, 2000 Mr Pat Klaers Elk River City Administrator 13065 Orono Parkway Elk River MN 55330-0490 Dear Pat: Attached please find a copy of a proposed Joint Powers Agreement establishing a Highway 10 Corridor Coalition. The purpose of this coalition would be to seek solutions to current and projected congestion within the Highway 10 corridor which will, as time passes, create increases in pedestrian and vehicle accidents, air pollution and declining quality of life for corridor residents. The initial membership in the coalition is suggested as Coon Rapids, Anoka, Ramsey, Elk River and Dayton, along with Anoka County. The cities of Anoka, Coon Rapids and Ramsey have approved membership in the coalition. . The original draft of this agreement was modified per the suggestions of the City of Anoka relating to the budgeted administrator sections of the original draft and the City of Ramsey which suggested adding a provision to article VIII giving communities right of specific approval of improvements within their communities. The attached proposed Joint Powers Agreement recognizes these two suggestions. Also attached is a copy of a Statement of Purpose and Proposed Process for the Corridor Coalition and a proposed initial dues schedule. If these governmental agencies approve the Joint Powers Agreement we would expect an initial operational meeting of corridor members within thirty to sixty days of the date of this letter. Last week we learned MnlDOT has declared this corridor one of their high planning priority corridors in the metro area. We believe this offers a unique timing opportunity for a group such as this proposed coalition to make an immediate impact. We are hopeful your community can join in this joint effort to secure improvements to this vital corridor. Should you need any further information, please do not hesitate to contact me. Sincerely, . GGS:ja enclosure cc: Stephanie Klinzing, Mayor ;t' . . . . 9/1100 JOINT POWERS AGREEMENT FOR NORTH METRO HIGHWAY 10 CORRIDOR COALmON The parties to this agreement are governmental units of the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, 1994, Section 471.59. ) WITNESSETH: WHEREAS, Anoka County and the cities of Coon Rapids, Anoka, Ramsey, Andover and Elk River, all of whom directly border on or are in close proximity to Truck Highway 10 (THIO), hereby agree to form the North Metro Highway 10 Corridor Coalition (Coalition); and WHEREAS, the Coalition will commence a collaborative study effort to discuss, identify and address transportation and transit needs and other physical land use and community planning issues associated with the improvement and expansion of the TH 10 corridor and their respective cities; and WHEREAS, the Coalition intends to utilize this information to guide and support development of essential transportation and infrastructure improvements along and expansion of TH 10, to assist in determining appropriate transportation policies, and address other issues that respective members from time to time deem appropriate; and WHEREAS, the Coalition desires to utilize this strategic alliance to assist in marketing and guiding development along the TH 10 Corridor; and WHEREAS, the success of this collaborative effort will be dependent upon having access to adequate resources to comprehensively research and address the critical issues that impact TH 10; and NOW THEREFORE, on the basis of the premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I. VISION STATEMENT The general purpose of this agreement is to create an organization through which the members that are parties to this Agreement may jointly and cooperatively plan for and maximize the opportunities for sub-regional transportation and transit development, quality growth and diversification along TH 10 through a system of collaboration, pursuant to Minnesota Statutes, 1994, Section 471.59. - 1 - I~ . ARTICLE ll. ORGANIZATIONAL GOALS Coalition goals include: Section 1. Work cooperatively with transportation, transit and other agencies, including the Northstar Corridor Development Authority, Minnesota Department of Transportation, Metropolitan Council and MetroTransit, in planning for transportation improvement (including connecting State and County roadways), mass transit needs, and other infrastructure improvements along TH 10 to maintain and improve congestion and plan for future development implications along the corridor. Section 2. Develop a collaborative and coordinated effort in other areas of regional municipal interest, including GIS coordination, economic development cooperation, training, resource sharing and program development. ARTICLE ID. DEFINITIONS For purposes of this agreement the terms defined in this Article have the meanings given them. . Section 1. "Agreement" means this agreement. Section 2. "Board" means the Board of Directors created by Article V. Section 3. "Director" means a director or alternate director appointed under Article V of this agreement. Section 4. "Governing body" means the City Councilor other governing body of a member. Section 5. "Governmental unit" means a county, a home rule city, a statutory city, a housing and redevelopment authority, or an economic development authority. Section 6. "Member" means a governmental unit that is a party to this agreement and is in compliance with and in good standing under this agreement. Section 7. The North Metro Highway 10 Corridor Coalition means the organization established by this agreement. ARTICLE IV. MEMBERSHIP Section 1. Any governmental unit bordering or in close proximity to T.H. 10 north of the intersection of T.H. 10 and T.H. 610 is eligible to be a member of the Coalition. Section 2. The initial members of the Coalition are Anoka County and the cities of Coon Rapids, Anoka, Ramsey, Andover and Elk River. Section 3. A governmental unit other than initial members desiring to be a member of the North . Metro Highway 10 Corridor Coalition may apply to do so by delivering a resolution - 2- . . . from its governing body authorizing execution of this Agreement, along with an executed copy of this Agreement, to the President or Secretary-Treasurer of the North Metro Highway 10 Corridor Coalition. The Board may approve or disapprove the admission of said governmental unit. Approval must be by unanimous vote of the Board. The Board may impose reasonable conditions on the admission of members and establish procedures for the removal of a member for cause. ARTICLE V. BOARD OF DIRECTORS Section 1. The governing body of the North Metro Highway 10 Corridor Coalition is its Board of Directors. Each member shall have two director positions. Unless otherwise specified by resolution of the governing body, the directors of a city member shall be the mayor and the chief administrative officer of the city. Anoka County shall appoint two representatives to serve as directors. Each director has one vote and all Coalition business shall be conducted on a majority vote, except where this Agreement requires a super majority (See Article XII). A member may appoint one alternate director. The alternate director may attend meetings of the board and may vote in the absence of a director. Section 2. Directors serve until their respective successors are appointed and qualified. Section 3. A director may be removed from the Board at any time, with or without cause, by resolution of the governing body making the appointment. The resolution removing the director must be filed with the Secretary-Treasurer. Section 4. A vacancy on the board is filled in the same manner that the appointment of a director is made. Section 5. Directors may vote by proxy. Section 6. A director may not vote if the board determines that the member represented by the director is not in compliance with this agreement or if the director has been removed from the board. Section 7. The board shall adopt an initial work plan for 2000, and shall adopt future annual work plans contemporaneously with the adoption of each annual budget. ARTICLE VI. MEETINGS Section 1. The directors forming the initial board must conduct an organizational meeting no later than 30 days after the effective date of this agreement. At the organizational meeting, or as soon thereafter as is reasonably possible, the board must elect its officers, and - 3 - . . . It} adopt such by-laws and other procedures governing the conduct of its meetings and its business as it deems appropriate. Section 2. The board must conduct an annual meeting at a date and place SPecified in its by-laws to elect officers and to undertake such other business as may properly come before it. The board may provide for a schedule of regular meetings. A regular meeting must be held in 2000 and thereafter as provided by the by-laws of the organization. Section 3. The President may call a special meeting of the board and the Secretary-Treasurer may call a special meeting of the board upon written request of such number of directors as SPecified by the by-laws. Notice of a special meeting must be mailed to directors no fewer than five days prior to the special meeting. Business at special meetings is limited to matters contained in the notice of the special meeting. ARTICLE vu. OFFICERS: COMMITTEES Section 1. The officers of the board are a President, a Vice President and a Secretary -Treasurer elected for a term of one year by the directors at the organization meeting and at the annual meeting. The board may designate directors to act as officers in the absence of any officer. Section 2. The President presides at meetings of the board. The Secretary-Treasurer is responsible for records of proceedings of the board, the funds and financial records of the board, and such other matters as may be delegated to the Secretary-Treasurer by the board. The Vice President shall preside at board meetings in the absence of the President. Section 3. The President, the Vice President and/or the Secretary-Treasurer must sign vouchers or orders disbursing funds of the North Metro Highway 10 Corridor Coalition. Disbursement will be made in the method prescribed by law for statutory cities. Section 4. The board may in its by-laws provide for and define the duties of such other officers as it determines necessary from time to time. Section 5. The board may in its by-laws provide for such committees as it determines necessary from time to time. A by-law providing for an executive committee and defining the powers and duties of an executive committee may be adopted only by a favorable vote of all members of the board. - 4- . . . ARTICLE VIll. POWERS AND DUTIES Section 1. The board may take such actions, as it deems necessary and convenient to accomplish the general purposes of this agreement. A member community shall retain the right to specifically approve proposed improvements in its community. Section 2. The board may: (a) Enter into contracts to carry out its powers and duties; (b) Purchase and hold personal property and accounts: (c) Contract for space, commodities or personal services with a member or group of members; (d) Accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other governmental and non- governmental units and may enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. (e) Collect and analyze data, develop strategic recommendations and implement marketing programs for the purpose of economic development and retention of existing businesses within the jurisdiction of areas of operation of the parties. (t) Purchase liability insurance to insure against liability of the organization and its constituent members. ARTICLE IX. FINANCIAL MATTERS Section 1. The fiscal year of the North Metro Highway 10 Corridor Coalition is the calendar year. Section 2. The Board shall adopt an initial budget for 2000 and thereafter adopt an annual budget for each succeeding year prior to July 1 of the preceding year. The board will give an opportunity to each member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each Coalition member. The budget for any year is deemed approved by each member unless, prior to October 10th of the preceding year, a member gives written notice to the Secretary-Treasurer that the member is withdrawing at the end of the year as provided in the Agreement. Section 3. Operational costs shall be shared according to the following formula: Each membergs share of the annual budget will be based 50% on the members population compared to the aggregate population of all members and 50 % on the members tax capacity compared to the aggregate tax capacity of all members. County membership cost participation shall annually be determined by the full Board. - 5 - /1 . Section 4. Coalition membership dues are due and payable no later then 30 days after mailing. In the event of a dispute as to the amount of a billing a member must nevertheless make payment as billed to preserve membership status. The member may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the member director. Failure to pay a billing within 120 days is grounds for termination of membership. ARTICLE X. WITHDRAWAL Section 1. A member may withdraw from the Coalition no later than October 10th in any year. The notice shall be accompanied by a certified copy of a resolution adopted by the governing body of that member authorizing its withdrawal from membership. The withdrawal is effective at the end of the calendar year in which notice is given. Section 2. The withdrawal of a member does not affect that member's obligation to pay fees, charges or contractual charges incurred prior to withdrawal. ARTICLE XI. DISSOLUTION . Section 1. The Coalition may be dissolved by a two-thirds vote of its members in good standing. Dissolution is mandatory when the Secretary-Treasurer has received certified copies of resolutions adopted by the governing bodies of the required number of members requesting dissolution of the Coalition. Section 2. In the event of dissolution, the board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the Coalition will be distributed among the then existing members in direct proportion to their cumulative annual membership contributions. If those obligations exceed the assets of the Coalition, the net deficit of the Coalition will be charged to and paid by the then existing members in direct proportion to the operational cost formula set forth in Article IX, Section 3, herein. ARTICLE XII. E~C~DAm;DmuTION Section 1. This Agreement shall become effective upon filing with the City Clerk of the City of , a copy of resolutions authorizing its execution and an executed copy hereof, of all of the initial members listed in Article N, Section 2. In . the event fewer than all of said initial members approve and execute this Agreement, - 6- . . . this Agreement may become effective upon filing with said City Clerk, a copy of resolutions of all cities desiring to become members of the organization consenting to the creation of the Coalition notwithstanding the failure to participate by specified members. ARTICLE xm. EVALUATION OUTCOMES The Coalition seeks the following outcomes and periodically will measure success against stated goals to determine whether the Coalition should continue as a Joint Powers effort: Section 1. Transportation and transit infrastructure improvements resulting in improved service, business growth and labor availability. Section 2 Securance of a fair share of available metropolitan area public and private investment resources. Section 3. Completion of design of a comprehensive land use policy for the Corridor. Section 4. Adoption of operating policies and framework so that goals and objectives of organization can be achieved. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed by its duly authorized officers and delivered on its behalf. Government Unit: BY: BY: Received and filed by the City of this day of , 2000 . . . " HIGHWAY 10 CORRIDOR COALITION STATEl\1ENT OF PURPOSE AND PROPOSED PROCESS BACKGROUND: The section ofTH 10 traversing the cities of Coon Rapids, Ramsey, Anoka & Elk River is one of the most highly congested and rapidly developing main traffic corridors in the Twin City Metropolitan Area. TH10 provides the main outlet to the communities developing in Northern Anoka County and to the cities in the Elk River service area. In addition it provides a traffic conduit to other cities along the route to the St. Cloud area which is also becoming one of the most rapidly developing areas in the State of Minnesota. Further, TH 10 parallels the proposed North Star Commuter Rail Corridor that runs from Rice to downtown Minneapolis. TH 10 is expected to serve as the main feeder route to bring passengers to the respective transit stations in the corridor. THE PROBLEM: TH 10 traffic volumes are already at capacity at several locations. The number of "at- grade" intersections reduces the ability to move vehicles- passenger, transit, commercial and emergency services, especially during the morning and evening rush hours. With the continuing surge of new economic growth and housing development in the corridor, congestion wil1 become even more severe as the so called "rush hours" are extended further into the day. If no action is taken, along with increased congestion, increased pedestrian and vehicle crashes, increased air pollution and declining qual ity of life for corridor residents can be anticipated. Looking forward 10 years, completion of the proposed new river crossing between Ramsey & Dayton will also put more pressure on the ability ofTH 10 to accommodate that future traffic capacity demand. THE GOAL: Local government leaders in the TH10 Corridor believe that early intervention is needed to avoid the otherwise inevitable impacts in the corridor. They believe that a collaborative process will lead to the desired outcome: "A comprehensive and coordinated vision for development in the TH10 Corridor that provides the framework for and agreement on the scope and scheduling oftransp0l1ation infrastructure and workforce housing investments. Further, the leaders desire to establish and maintain a community based coalition that provides the long term energy and commitment needed to accomplish the desired investments" . . . . /q THE PROPOSED PROCESS: In order to accomplish the desired outcomes outlined above, the THl 0 local leaders propose the following course of action: 1. Complete the organization of the THl 0 coalition that would include: + the Cities of Anoka, Coon Rapids, Ramsey, Dayton and Elk River + Anoka, Hennepin and Sherbourne Counties. 2. Develop a long term plan of action for the coalition that provides for governance, financing and collaborative action. 3. Work with representatives of the Twin Cities Metropolitan Council and MN/DOT to: A. Obtain their support and cooperation in developing a process for addressing the coalition concerns within established program development guidelines. B. Obtain the resources needed to prepare an "end to end" corridor level needs and improvement feasibility assessment (The Needs & Feasibility Study) that provides the information needed to conduct future preliminary design, programming and environmental assessments. C Conduct the Needs and Feasibility Study. D. Prepare a funding plan that provides a realistic schedule of needed investments. E. Include the needed investments in the MN/DOT and Metropolitan Council policy and funding plans and other appropriate plans and documents in order to qualify for any and all sources of federal and state funds F. Secure funds for the planning, design and construction of identified priority projects. . . . TH 10 COALITION 2000-2001 (November to October) Membership Fee Schedule Population Net Tax Net Tax Member Population Formula Fee Capacity Capacity Fee 2000-2001 Fee Anoka 17,964 $ 1,126.05 $ 11,464,021 $ 1,081.90 $ 2,208 Coon Rapids 61,904 $ 3,880.38 $ 39,397,077 $ 3,718.04 $ 7,598 Dayton 5,159 $ 323.39 $ 3,569,205 $ 336.84 $ 660 Elk River 16,542 $ 1,036.92 $ 13,208,238 $ 1,246.51 $ 2,283 Ramsey 18,079 $ 1,133.26 $ 11,832,988 $ 1,116.72 $ 2,250 Subtotal 119,648 $ 7,500.00 $ 79,471,529 $ 7,500.00 $ 15,000