4.7. SR 10-18-1999
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Item # 4. 7 .
MEMORANDUM
River
TO:
FROM:
Mayor and City Council
Scott Harlicker, Senior plarrne*-
October 18, 1999
DATE:
SUBJECT: Northstar Corridor Update
At the October 7, 1999 meeting of the Northstar Corridor Development
Authority the Authority received an update on the project schedule,
congressional appropriations, the station area planning process and the
BNSF negotiations. The Authority also approved the EIS scooping resolution.
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The project is moving ahead on schedule. Representatives of the Authority
met with the FTA to discuss the proposed timeline and the FTA said it was
doable. Station design concepts will be presented at the October 21st
Technical Advisory meeting for initial comments. The consultant will also be
providing revised ridership numbers in the next month. The consultant will
be visiting cities during the next 3 months doing data collection to aid in the
preparation of the EIS.
Congressional appropriations are moving ahead. Congress has approved
$ 10,000,00 in multi-modal funding and $ 3,000,00 in start up funding.
Funding is awaiting the President's signature.
Initial station area land use planning will begin this month. An area ~ to 7'2
mile from station will be looked at. There will be an opportunity for
neighborhood meetings, conducted by the consultant, in early November.
There is also the possibility of a presentation to the Planning Commission
and City Council.
Negotiations with BSNF are moving forward. NCDA staff and consultants
have been working out the details.
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Last month it was reported that counties and cities would have to come up
with a 10% or $ 18,000,000 contribution towards capital costs. Counties and
cities were to decide how local contributions were to be split. At last month's
Executive Committee meeting it was decided that the cities would not have to
contribute towards that 10% and the counties would cover local contributions.
13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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The Department of Transportation has indicated that they will be looking at
moving the existing park and ride from its current location on Highway 169
to the proposed station location. It would be integrated into the design of the
station and would not require additional parking above what is projected for
the station. Funding for the park and ride would come from existing funding
and the $10 million multi-modal funding.
The Council is also asked to approve an amendment to the Joint Powers
Agreement. The initial agreement was to give the NCDA the authority to
examine the feasibility and environmental impacts of commuter rail and
other transportation improvements. The role of the NCDA has expanded
beyond it's initial role to include construction. The attached amendment
would accomplish the following:
1. expand the purpose of the Joint Powers Agreement
2. clarify the duties and powers of the NCDA to enter into agreements
with Mn/DOT
3. establish a new Capital Budget Committee
4. clarify that it is not the intent of the members of the NCDA that the
Authority operate or finance the operations of the commuter rail.
Attached, for the Council's consideration, is Amendment No.1 to the Joint
Powers Agreement.
Also attached is a letter from Mike Johnson, Chair, Sherburne County Board
of Commissioners. There will be a meeting at the Becker City Hall on October
19th at 7 PM to discuss options for funding Sherburne County's share of the
capital costs ($2.2 million dollars). All Council members are invited to attend.
Northstar Corridor Development Authority
Thursday, October 7,999
4:30 p.m.
Sherburne County Government Center
Elk River, MN
1.
Action Requested
Approval
Minutes of September 2, 1999 Meeting*
2.
Project Schedule*
Information
3.
Update on Congressional Appropriations
Information
4.
EIS:
a. Scoping Summary Report and Scoping
Decision Resolution*
b. Update on Progress
Approval
5.
MIS: Phase II Evaluation Criteria*
Approval
6.
Station Area Planning Process: Next Steps
Information
7.
Update on BNSF Negotiations*
Information
8. Other
* Attached
Next Meeting: November 4, 1999
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DRAFT
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DRAFT DRAFT
NORTHST AR CORRIDOR DEVELOPMENT AUTHORITY
Re~ular Meetinf!: Minutes
September 2.1999
The Northstar Corridor Development Authority met on September 2, 1999, at 4:30 p.m. at the
Sherburne County Government Center, Elk River, Minnesota.
The followin~ members. alternates and citizens were present:
David Loch, Dave Saunders, Jerry Newton, Ken Paulson, Jim Dickinson, Thomas Cruikshank,
Tom Gamec, Duane Cekalla, Carl Yilek, Gerald Goebel, Gerry Donlin, Duane Grandy, Paul
Goenner, Lewis Stark, John Norgren, Terry Nagorski, Robert Kirchner, Paul Ostrow, Heidi
Weaver, Eric Pehle, Yvonne Chaillet, Jeff Dehler, John Weaver, David Schowalter, April
Manlapaz, Gabriel Guevara, Rick Nau, Dean Michalko, Peter Specht, Don Meyer, Tom Wenzel,
Bob Erdrick, Jim Barton, Tim Houle, Rick Speak, J. Patrick Cairns, Kathy DeSpiegelaere, Vic
Oviatt, Dan Erhart, Linda Jungwirth, Don Jolly, Walt Fehst, Tim Yantos, Mary Richardson,
Lynn George, Stephanie Eiler, Ken Stevens, Mike Christensen, Scott Harlicker, Betsy Wergin
1.
Chairperson Wergin called the meeting to order at 4:34 p.m.
2. A motion was made by Ken Paulson, seconded by Gerry Donlin and carried
unanimously to approve the agenda of September 2, 1999 with the following additions:
Morrison County letter and Al Vogel, MnDot, letter, and approve the meeting minutes of
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August 5, 1999 as presented.
3. Executive Committee Report:
a. A motion was made by Dan Erhart, seconded by Dave Saunders and
carried unanimously to approve Amendment No. 1 ofthe Joint Powers
Agreement establishing the Northstar Corridor Development Authority and to
recommend approval to the member boards. The amendment revises the
Agreement by:
Expanding the purpose of the Joint Powers Agreement;
Clarifying the duties and powers of the NCDA to enter into the
Memorandum of Understanding or Agreement with MnDOT;
Establishing a new Capital Budget Committee consisting of members
that contribute a portion ofthe local (non-state) share of capital costs and
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will be charged with reviewing decisions relating to capital costs and
capital budgets;
Clarifying that it is not the intent of the members of the NCDA
that the Authority operate or finance the operations of commuter rail.
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A letter was received from the Morrison County Board requesting
membership to the Northstar Corridor Development Authority. A motion was
made by 1. Patrick Cairns, seconded by Duane Grandy and carried
unanimously to approve membership to the Northstar Corridor Development
Authority of Morrison County, including Morrison cities and townships, and
to include in the Amendment to the Joint Powers Agreement a provision
authorizing Morrison County and its cities and townships as eligible members.
Mary Richardson, Richardson, Richter & Associates, Inc. will be in contact
with the Board to request member and alternate appointments.
Legal counsel will draft language to include Morrison County and its cities
and towns along the Corridor as eligible governmental units to participate in
the Joint Powers Agreement and include this language in Amendment No.1.
c.
A motion was made by Paul Ostrow, seconded by Walt Fehst and
carried unanimously directing the Executive Committee to evaluate
membership of the Ramsey County Regional Railroad Authority (RCRRA)in
the NCDA. Membership will depend, in part, on RCRRA's decision whether
or not to share in the NCDA's administrative costs. If the Executive
Committee determines that RCRRA is eligible to become a member of the
NCDA, legal counsel will revise the language in Amendment No.1 to reflect
this. NCDA members will wait for a final draft of Amendment No. 1 before
taking it to their respective governing bodies for action. Members were
requested to seek action by December 1999.
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d. The Executive Committee discussed the capital funding of the
Northstar Corridor. Each County or Regional Railroad Authority has
been requested to consider a resolution expressing its intent to
contribute to the financing of the Northstar Corridor. No action
requested at this time.
e. A motion was made by Gerry Donlin, seconded by Dan Erhart
and carried unanimously to approve a contract with Lindquist & Vennum and
to authorize the Chair to execute an agreement for professional services
for performance of land use and environmental legal services for an amount
not to exceed $10,000. The term of the agreement is from September 2, 1999
to February 29, 2000.
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4.
Ken Stevens reviewed the anticipated station locations and requested
questions and feedback on the projected sites. Paul Page, citizen of the City
of Elk River, raised concern regarding the location of the proposed City of Elk
River south site versus a downtown site. Mr. Page will contact the City of Elk
River council.
A motion was made by John Norgren, seconded by Terry Nagorski and
carried unanimously to approve the recommended station locations for further analysis in
the Environmental Impact Statement and for system and site development. Fourteen
station locations (two station locations are unresolved and require further analysis) are
included in the recommendation:
Rice St. Cloud Downtown
Clear Lake Becker
Ramsey Anoka
Fridley Minneapolis-NE
Big Lake Minneapolis-Downtown
St Cloud East
Elk River
Coon Rapids-Riverdale
Coon Rapids-Foley Blvd
5.
A motion was made by Jim Dickinson, seconded by John Norgren and carried
unanimously to approve the recommended improvements to TH 10/TH 47. Selection of
the highway alternative elements were based on: 1) the MnlDOT Interregional Corridor
Study, 2) the Mn/DOT District 3 River Crossing Study, 3) the Potential Dayton-Ramsey
River Crossing, and 4) comments received from the NCDA, the NCDA Project
Management Team, and the NCDA Technical Advisory Committee. The highway
alternative elements will be evaluated in detail in the Major Investment Study using
criteria such as cost, benefits, and environmental impacts.
6. Eric Pehle, Shandwick International, presented the results of a commuter rail survey
recently conducted by Shandwick Research International. This survey was based on
telephone interviews with a randomly selected sample of 500 adults within the counties
of Anoka, Benton, Hennepin, Sherburne, Stearns and Wright, who live within a five-mile
radius ofthe Northstar Corridor. The overall respondents (72.6%) felt that the Northstar
Corridor commuter rail connecting Minneapolis to St. Cloud was a "Good Idea".
Heidi Weaver, Shandwick International, presented the draft Strategic Plan for Public
Information & Public Involvement. Shandwick is currently refining the plan and
requested that members contact the Shandwick team or the NCDA Administrative Team
with comments or questions.
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7.
The Chairperson presented a letter from Al Vogel, MnDot, requesting a
representative be appointed from the Northstar Corridor Development Authority
to the Twin Cities Commuter Rail Steering Committee.
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A motion was made by Duane CekaIla, seconded by Tom Gamec and carried
unanimously to appoint Tim Yantos as a representative of the Northstar Corridor
Development Authority on the Twin Cities Commuter Rail Steering Committee.
8. The next meeting ofthe Northstar Corridor Development Authority is scheduled
for Thursday, October 7,1999, at 4:30 p.m. at the Sherburne County Government
Center.
9. The meeting was adjourned at 6:30 p.m.
Betsy Wergin Chairperson
Date
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Northstar Corridor Development Authority
Resolution 99.
Whereas the Northstar Corridor study area extends approximately 70 miles from
downtown Minneapolis to the St. Cloud area along Trunk Highway (TH) 10/47 and the
Burlington Northern Santa Fe (BNSF) railroad; and
Whereas the Notice of Intent for the Northstar Corridor Environmental Impact Statement
was published in the Federal Register on June 7, 1999; and
Whereas the NCDA published a notice of availability of the Scoping Booklet in the
Minnesota Environmental Quality Board Monitor on June 28, 1999, and issued legal.
notices to nine newspapers in the project area: and
Whereas the NCDA distributed the Scoping Booklet to the public in June 1999, and held
three public scoping meetings on July 27,28,29, 1999 and an interagency meeting on
July 29, 1999; and
Whereas the Scoping Comment Period officially closed on August 20, 1999; and
Whereas the Scoping Booklet presented the project goals, need for the project, history of
the project, alternatives considered for evaluation in the Environmental Impact Statement,
issues to be addressed, the public involvement process, and instructions for commenting
during the Scoping Phase of the Project; and
Whereas the NCDA has reviewed and considered the comments received on the Scoping
Booklet for the Northstar Corridor; and
Whereas, the NCDA has worked closely with each of the communities in identifying
recommended station locations for the Commuter Rail alternative;
NOW THEREFORE BE IT RESOLVED that the alternatives to be carried forward into
the Environmental Impact Statement for the Northstar Corridor Project are the No-Build,
Transportation Systems Management and the Commuter Rail Alternative.
BE IT FURTHER RESOLVED that the Commuter Rail alternative will include the
evaluation of 14 station locations, a feeder bus system, and connection to the Hiawatha
Light Rail Transit line at Third A venue North.
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*"DIITIISTJUI
DDRRIDDR
MEMORANDUM
To: Project Management Team
From: BRW, Inc.
Date: September 30, 1999
Subject: Major Investment Study Evaluation Measures
BRW
A DA.Y.ES &. MOORE GROUP C()MPAN)!
BRW
Thresher Square
700 Third Street South
Minneapolis, MN 55415
Phone: (612) 370-0700
Fax: (612) 370-1378
Attached are the recommended evaluation measures for selecting the Locally Preferred Transportation
Investment Strategy (LPTIS) as part of the Phase II Northstar Corridor Major Investment Study (MIS).
During the Phase I Feasibility Study, the PMT and NCDA board approved evaluation criteria and
measures of effectiveness. As part of the Phase II MIS, the evaluation criteria and measures of
effectiveness have been refined to better differentiate between the alternatives.
As illustrated on the attached graphic, the evaluation measures will be used to select the LPTIS. The
LPTIS will likely be composed of multiple elements which will then be subject to an appropriate level
of environmental review depending on the responsible agency and magnitude of the individual element.
Phase II Northstar Corridor Major Investment Study
Draft - Evaluation Measures
1
September 30, 1999
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DRAFT
Major Investment Study Evaluation Measures
For Selecting Locally Preferred Transportation Improvement Strategy
9/30/99
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Evaluation Measure of Attribute Source
Criteria Effectiveness
Transit System Transit ridership # of rail riders Model output
Usage forecast by mode # of bus riders
# of incremental riders vs. No Build
Roadway System Level of service on Key intersections at LOS D or below Existing geometry and turning
Operations TH 101 TH 47 in p.m. peak hour movements
Future geometry and turning
movements
Miles of TH 10ITH 47 segments at Segment AADT and capacity
LOS D or below - Existing and 2020.
Vehicle Miles of Travel Corridor 2020 Daily VMT Tranplan output
(VMT) 1-94 2020 Daily VMT
Vehicle Hours of Travel Corridor 2020 Daily VHT Tranplan output
(VHT) 1-94 2020 Daily VHT
Hours of Delay Corridor 2020 Daily Hours of Delay Tranplan output
1-94 2020 Daily Hours of Delay
Average Operating Average Operating Speed Tranplan output
. Speed
Safety Rail Exposure Factor Exposure Factor (EF) 2020 ADT . 2020 Trains/Day
Railroad Hazard Index Railroad Hazard Index (2020 ADT . 2020 Trains/Day'
# of accidents) 1 Warning Device
Factor
Highway Safety # of crashes Forecast VMT & typical crash rates
by facility type
Goods Movement Travel time savings Travel time by TH 10ITH 47 segment Model output (compare to No Build)
GOAL 2: MINIMIZE ADVERSE ENVIRONMENTAL IMPACTS AND FOSTER POSITIVE
ENVIRONMENTAL EFFECTS
Proximity Impacts Water resourcesl
parklands
Acres of wetlands impacted
Acres of parkland impacted
Acres of floodplains impacted
GIS - NWI, aerial photos, land use
plans
Displacements and
relocations
# of displacements of residences,
businesses, institutions and public
facilities
Aerial photos + GIS
Air Quality
Corridor change in VMT
and resultant effect on
NOx and CO emissions
Incremental change in study area
emissions relative to No Build:
CO and NOx
Change in VMT
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Energy
Change in energy
consumption (BTUs)
Change in energy consumption (BTUs) Change in VMT
BRW, Inc.
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measures.xls
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DRAFT
Major Investment Study Evaluation Measures
For Selecting Locally Preferred Transportation Improvement Strategy
9/30/99
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Evaluation Measure of Attribute Source
Criteria Effectiveness
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Noise & Vibration
Environmental Justice
Historical and
Archeological Properties
Change in noise levels LON for 65dB contour
Change in vibration levels Distance to 65VdB contour
FT A procedures based on anticipated
train frequencies
Diversity of Population
Served/Service to
Transit-Dependent
Population in Corridor
% of minority population along corridor 1990 socioeconomic data by census
vs. county minority population blocks adjacent to TH 10/ TH 47.
% minority population within 1/4 mile of
station vs. county minority population
Median income within 1/4 mile of
station
Median income along corridor
Median income in county
# of historic properties impacted
Acres of historic districts impacted
GIS, aerial photos, Phase I survey
GOAL 3: CREATE TRANSPORT A nON SUPPORTIVE LAND USE DEVELOPMENT PA TTERNS
Land Use Consistency with local and regional plans.
Displacements
Development Form
Economic Development
See Goal 2.
Aerial photos + GIS
Qualitative description of development impacts of each alternative.
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Description of how station areas could influence or focus development.
GOAL 4: PROVIDE A COST-EFFECTIVE AND EFFICIENT TRANSPORT A nON INVESTMENT STRA TEGY
Cost Capital
Operating and maintenance (Net)
Total Annualized
Cost Effectiveness
Operating Efficiencies
BRW, Inc.
Total annualized cost
per annual user
Change in transit cost per new rider
Change in highway improvement cost
per change in VMT
Operating cost per passenger mile vs. No Build
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measures. xis
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. CORRIDOR
Agenda Item #7
MEMORANDUM
September 30, 1999
To:
NCDA
From:
BNSF Negotiating Team
Subject:
Update on BNSF Negotiations
Over the last two months, the Negotiating Team has met several times with
BNSF officials to discuss issues related to the operations of commuter rail on the
BNSF mainline. The purpose of this memo is to provide a brief overview of the
discussions to date.
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The discussions have focused primarily on the different sets of principles guiding
each party as negotiations proceed. Attached are the Commuter Rail Principles
developed by BNSF (and originally presented in a meeting with Congressman
Jim Oberstar). Also attached is the document prepared by NCDA staff that
outlines the draft principles of the NCDA. The NCDA principles are responsive to
those raised by BNSF and are based on the general policy direction of the
NCDA, the experience of Seattle, the advice of the legal counsel and the draft
negotiating guidelines under development by Mn/DOT. It should be noted that
while BNSF generally agrees with the NCDA's draft principles, the real
negotiations will occur over the details and the translation of principles into
contract terms and conditions.
Key issues that the Team and the attorneys are currently analyzing include:
1) The results of BNSF capacity modeling and the improvements to the
BNSF railroad that are needed to operate commuter rail;
2) The tax implications to BNSF relating to the improvements;
3) The allocation of risk and liability, indemnification and insurance.
The next step is to complete the analysis on these issues. As the negotiations
proceed, the Negotiating Team will be seeking the advice and direction of the
NCDA on all substantive business points.
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Action Requested: Information only.
Northstar Corridor Development Authority
21003'" Avenue. Anoka. Minnesota 55303-2265 (612) 323-5700 Fax: (612) 323-5682
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COMMUTER PRINCIPLES
BNSF is willing to cooperate on commuter rail studies and provide state and local officials with
information. Where commuter service is proposed on a minimally used line that BNSF is willing
to sell, BNSF shall be paid fair market value for the property. Where commuter service is
proposed on a line BNSF intends to continue owning, the following principles apply:
. Any commuter operation cannot degrade BNSF's freight service, negatively affect BNSF's
freight customers or BNSF's ability to provide them with service.
. BNSF must be compensated for any and all costs incurred in providing commuter service and
make a reasonable return for providing the service.
. Capital investments necessary for commuter service are the responsibility of the public.
. BNSF will not incur any liability for commuter operations that it would not have but for those
operations. These operations are provided by BNSF primarily as a public service; the
relatively modest compensation BNSF receives does not begin to justify assuming the
significant liability associated with passenger service.
. Studies of how commuter service might be provided must take into account not only the
current freight traffic levels, but projected freight traffic growth.
. Investments made for commuter projects must not result in BNSF incurring a higher tax
burden. Property improvements should not become part of our tax base; materials used
should be exempt from all sales and use taxes, etc. or BNSF must be made whole for any
increased tax burden.
. BNSF must retain operating control of rail facilities used for commuter service. All
dispatching, maintenance and construction must be done under the control of BNSF.
Passenger stations, parking lots and other non-rail facilities may be publicly owned and
operated.
. Studies must reflect BNSF's actual operating conditions and cost structures. For example,
construction work estimates must reflect our labor contract costs, schedules cannot assume
that we will not operate any freight trains during peak commuter periods, etc.
. BNSF will limit commuter operations to the commuter schedules intially agreed upon and for
which the capital improvement plan has been designed. Future expansions will have to
undergo the same analysis and provide any required capital improvements before schedules
can be altered, service added, or stations added.
. Improvements must include grade crossing protection and intertrack fencing as required to
. minimize the risk of accidents, due to both liability and service interruption concerns.
04/28/99
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September 28, 1999
DRAFT
NCDA COMMUTER RAIL GUIDING PRINCIPLES
I.
General Principles
Because the Northstar Corridor commuter rail project will involve the use of public funds,
NCDA, acting on behalf of the State of Minnesota (the "State"), must ensure that:
A. The commuter rail service is convenient, fast, and reliable enough to attract and
retain a substantial ridership;
B. Implementation and operation of the commuter rail service is efficient and cost-
effective, with all prices at fair and competitive levels;
C. The quality and terms for the commuter rail service make it the best mass
transportation alternative for the corridor;
D. The State's rights regarding commuter rail services are fully enforceable and are
for a sufficient time period to ensure that it receives an adequate return on its
capital investment; and
E. The commuter rail service can be integrated seamlessly with transportation
services over future commuter rail corridors and over existing and planned
metropolitan and State transit and transportation systems.
II. Additional Service Principles
. Commuter rail service must:
A. Commence revenue operations by the end of December 2003;
B. Operate in accordance with schedules established by the NCDA;
C. Meet or exceed on-time performance standards;
D. Have priority over and not be impaired by freight traffic for the duration of the
contract;
E. Be subject to future expansion as required by NCDA;
F. Be smoothly integrated with rolling stock maintenance, whether that service is
provided by BNSF or a third-party;
G. Meet or exceed all applicable safety standards;
H. Meet or exceed ADA standards; and
1. Be provided by courteous and customer-service-oriented operating personnel.
III. Additional Financial Principles
A.
Compensation paid to BNSF must:
1. Be comparable to or lower than compensation paid to BNSF and other
vendors for commuter rail services elsewhere in the United States;
Be structured so that BNSF is responsible for cost containment;
Be clear and easy to administer and audit;
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Relate to BNSF performance ~, on-ti~e performance, quality of
service, customer relations); and
Include a reasonable profit.
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5.
B. Capital investments
1. Public funds will only be expended for capital improvements that are
necessary for its desired levels and standards of commuter rail service.
2. The benefits derived by BNSF and others from use of the capital
investments funded by the State shall be fully recognized in allocating costs
and establishing BNSF's compensation.
3. Payments or reimbursements to BNSF for maintenance and repair costs for
the right-of-way shall not exceed the public's proportionate use or benefit
from those assets.
4. The public sector contribution for capital investments shall not exceed
funds available.
5. If commuter rail trains are consistently late or other contractual obligations
to NCDA are not met due to insufficient line capacity, BNSF shall be
required to remedy those deficiencies at its own cost.
C. Liability and Insurance
The parties will work to ensure that both the public and private participants are
protected against unreasonable risks of loss or injury.
IV.
Operations, Roles and Responsibilities
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A. Structure
So long as it is consistent with other basic principles, the parties will structure the
project to minimize adverse tax impacts on all participants.
B. Operating control
1. If the parties reach agreement as to other issues, NCDA will not object to
BNSF's dispatching and operating commuter rail trains, maintaining its
right-of-way, and overseeing construction of mainline track improvements.
2. NCDA shall have the right to require BNSF to take appropriate personnel
action in order to ensure the highest quality service.
3. The State (or its designee) shall have the right to control operations within
stations and over related trackage, to establish commuter rail fares, to
collect and disburse revenues, to arrange for security and enforcement, to
market the commuter rail service, to arrange for maintenance of rail cars
and locomotives, to determine the schedule and frequency of service, and
to control the oversight of service.
-2-
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OCT 14 '99 12:13 TO-6124417425
FROH-RICHARDSON,RITCHER &ASSOC.
T-422 P.02/06 F-038
.
AMENDMENT NO.1
TO JOINT POWERS AGREEMENT
ESTABLISHING THE
NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY
THIS AMENDMENT NO.1 is made by and between the undersigned Counties,
Regional Railroad Authorities, Cities, and Townships, all being governmental units of
the State of Minnesota, (hereinafter the IlMembers") pursuant to Minn. Stat. ~~ 471.59
and 398A.04, subd. 9. and shall be effective upon execution by each of the Members.
WHEREAS. the Members have entered into a joint powers agreement effective
(hereinafter the "AgreementR) for the purpose of establishing the
Northstar Corridor Development Authority (hereinafter the lIAuthoritt) to analyze the
feasibility and environmental impacts of integrated transportation improvements along
the Highway 10 corridor; and
WHEREAS, the Authority has determined that commuter rail in the Northstar
Corridor is technically feasible; and
WHEREAS, in 1999, the Minnesota Legislature authorized the Minnesota
Department of Transportation to develop, construct, and operate commuter rail in
Minnesota and to delegate its authority to joint powers boards established for this
. purpose; and
WHEREAS, the Members desire to amend the Agreement to authorize the
Authority develop and construct commuter rail and associated improvements in or
related to the Northstar Corridor and to enter into all agreements necessary or desirable
to accomplish the purposes of this Agreement as set forth below.
NOW, THEREFORE, in consideration of the mutual promises and benefits that
each Member shall derive herefrom, and other good and valuable consideration. receipt
of which is hereby acknowledged, the Members agree to amend the Agreement as
follows:
1.
Article I of the Agreement is amended by adding a new paragraph fOllowing the
existing language that reads as follows:
Additionally, the purpose of the parties is work together to meet the future
transportation needs of the Northstar Corridor with the following four
goals:
(1)
(2)
.
(3)
(4)
Improve mobility and safety;
Minimize adverse environmental impacts and foster positive
environmental effects;
Encourage transportation-supportive land use and
development patterns; and
Provide a cost-effective and efficient transportation system.
1
.
.
.
OCT 14 '99 12:13 TO-6124417425
FROH-RICHARDSON,RITCHER &ASSOC.
T-422 P.03/06 F-038
In the furtherance of this purpose, the parties authorize the Authority to
aooept the delegation from the State of the responsibility and authority to
develop commuter rail in the Northstar Corridor, including but not limited
to preparing an advanced corridor plan, fInancial and operating plans,
negotiating with the railroads, preliminary engineering, final design, and
construction.
2. Article \I of the Agreement is amended to read as follows:
ARTICLE II. JOINT POWERS BOAFlD 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
Morrieon County Regional Railroad Authority
St. Cloud/Steams County Regional Railroad Authority
Sherbume County Regional Railroad Authority
County of Anoka County of Benton
County of Hennepin County of Morrison
County of Sherbume County of Stearns
City of Anoka City of Becker
City of Big Lake City of Blaine
City of Clear Lake City of Columbia Heights
City of Coon Rapids City of Elk River
City of Fridley City of Little Falls
City of Minneapolis City of Ramsey
City of Rice City of Royalton
City of 51. Cloud City of Sartell
City of Sauk Rapids City of Spring Lake Park
Becker Township Bellevue Township
Big Lake Township Clear Lake Township
Haven Township Langola Township
Little Falls Township Sauk Rapids Township
Watab Township
Additional governmental units may be eligible to participate if approved by the
Authority. The terms and conditions of this ~greement 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.
2
'.....-'
.....J.
OCT 14 '99 12:14 TO-6124417425
FROH-RICHARDSON,RITCHER &ASSOC,
T-422 P.04/06 F-038
.
3.
Article IV of the Agreement is amended by adding new paragraphs G. and H. as
follows:
G. The Authority shall seek, receive, and manage federal, state, and
local funding, in conjunction with MnlDOT and the Metropolitan
Council.
H. The Authority shall perform the responsibilities delegated by the
Commissioner of Transportation for development and construction
of commuter rail, pursuant to an agreement with the State of
Minnesota and subject to the condition that sufficient funds are.
received.
4. Article V, Section 2, Paragraphs B, F, and G of the Agreement are amended to
read as follows:
.
The Authority may enter into any contract necessary or proper for
the exercise of its powers or the fulfillment of its duties, including
agreements entered into pursuant to Minn. Stat. i~ 471.59, 398.04,
subd. 9, and 174.82, 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.
F. 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, local government units. 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 to the parties and
assistance in accordance with the terms of this gift, grant or loan
relating thereto.
B.
G. The Authority may acquire. hold, and dispose of such real and
personal property as may be required to accomplish the purposes
of this Agreement and upon termination of this Agreement, make
distribution of such property as is provided for in this AgreemGant,
agreements relating to the financing of the Northstar Corridor, or
agreements with the State of Minnesota.
.
5.
Article V, Section 2, of the Agreement is amended by adding new paragraph I. as
follows:
3
OCT 14 '99 12:14 TO-6124417425
FROH-RICHARDSON,RITCHER &ASSOC.
T-422 P.05/06 F-038
. I. The Authority may sue and be sued in its own name. . --'
6. Article VI, Section 31 of the Agreement is replaced by the following:
Section 3: Committees.
A. Executive Committee. The Authority shall establish an Executive
Committee of the Authority consisting of five members and
alternates, inoluding 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. fulfilling the day.to.day management
responsibilities of the Corridor Coordinating Committee described
in Minn. Stat. ~ , 74.86, subd. 5, and performing such other duties
as set forth in the Authority's bylaws.
B. Capital Budget Committee. The Authority shall establish a Capital
Budget Commlnee of the Authority consisting of one member and
alternate from each of the following: the Anoka County Regional
. Railroad Authority, the Hennepin County Regional Railroad
Authority, Sherbume County Regional Railroad Authority, and
Benton County. The Authority may add one or more additional
members to the Capital Budget Committee if that member has
made a significant contribution to the capital funding of the
Northstar Corridor. The Capital Budget Committee shall be
responsible for making recommendations to the Authority
concerning any decision regarding the capital costs or capital
budget for the Northstar Corridor and performing such other duties
as set forth in the Authority's bylaws. Any decision that would
increase the capital contribution of any member must be approved
by a unanimous decision of the Capital Budget Committee and
must be approved by the members board of commissioners or
council.
7. Article VII of the Agreement shall be amended by adding a new Section 5 as
follows:
Sectio"--5: Caoital Financing. It is understood by the parties that the
capital costs of the Northstar Corridor project are to be funded primarily by
grant monies from the United States Government, the State of Minnesota
or any other association or agency. In addition, it is contemplated that
certain member counties and regional railroad authorities will contribute
. funding for capital costs pursuant to agreements independent of this
Agreement.
'''_0''
4
....
..
.
OCT 14 '99 12:14 TO-6124417425
FROH-RICHARDSON,RITCHER &ASSOC.
T-422 P,06/06 F-038
Article VII of the Agreement shall be amended by adding a new Section 6 as
follows:
Section 6: ODerations and Operations Financing. Nothing in this
Agreement shall create an obligation or authorize the Authority to operate
or finance the operations of commuter rail in the Northstar Corridor.
9. This Amendment No.1 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.
8.
10. The terms and conditions set forth in the Agreement shall continue In full force
and effect, except as modified herein, and shall apply to this Amendment No. 1
as if fully set forth herein.
IN WITNESS WHEREOF, the parties to this Amendment No.1 to the Joint
Powers Agreement Establishing the Northstar Corridor Development Authority have
hereunto set their hands on the date written below:
5
o C 1 i Z tS99
e
Sherburne County
BOARD OF
COMMISSIONERS
October 8, 1999
13880 Highway 10
Elk River, MN 55330-4601
241-2700 0 1-800-433-5229
(Within Minnesota)
The Honorable Stephanie Klinzing
Mayor, City. of Elk River
13065 Orono Park-way, PO Box 490
Elk River, MN 55330
Dear Mayor Klinzing:
e
As plans progress on the development of the Northstar Commuter rail line, the Sherburne County
Commissioners would welcome your participation in a discussion of options for funding our
local share of capital costs. The projection at this point is for our share to be approximately $2.2
million. dollars of the total ca.pital cost of $180 million. Land acquisition costs, station sites
already owned by municipalities, infrastructure improvements in the works, and many other
questions will effect the decisions on funding. Coordinating our local efforts will be essential.
. _ - '. .-' t -" . . - . '0' : :..'" - . - , . ' ~." "', .
Also of interest is the need to look at our local ordinances, ~s well as the County's, to make sure
we are protecting against scattered urban growth. The Federal Transportation Commission will
consider our local controls as a part of the review for Federal funding.
Please join us for a discussion at the Becker City Hall on October 19, 1999 at 7 PM. Please
extend this invitation to members of your City Councilor Township and appropriate staff. If you
have questions, or cannot attend, please contact Brian Bensen, County Administrator, at 612-
241-2701.
Sincerely,
~y~
Mike Johnson
<:hair
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District 1.F:\DEPT\C66RD~9$JmiS.torresp\Northstiu-caPitlllm~tr'ct 3' ."', District 4 ..u ':~ ";.J.
ARNE ENGSfROM ' TERRY NAGORSKI " RAY FRIEDL BETSY WERGIN' ..
20800 Meadowvale Road 21683 - 186th Street 7398 - 89th Avenue 13920 County Road 42
Elk River, MN 55330 Big Lake, MN 55309 Clear Lake, MN 55319 Princeton, MN 55371 .
(612) 441-3869 (612) 263-3032 (320) 743-2824 (612) 389-3843
pistrict 5
MYRON E JOHNSON
25825 Main Street, Box B
Zimmerman, MN 55398
(612) 856-2922