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3.9. SR 04-03-2006 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Consent A ril3, 2006 Item Description Consider Highway 10/169 Corridor Coalition Revised Joint Powers Amendment Item Number 3.9.* Prepared by Lori ohnson, Ci Administrator Reviewed by Introduction The City is a member of the Highway 10/169 Corridor Coalition. The Coalition Joint Powers Board recently requested that an amendment to the joint powers agreement be considered by all cities. Discussion Bob Benke, representing the Coalition, stated that the J oint Powers Agreement 0P A) Amendment updated the charter governing the Coalition in the following ways: . Provided sharper focus for the Coalition's efforts; . Expanded Board participation by adding provisions for alternate members, preferably a Councilmember; . Provided for non-governmental/private memberships; . Conformed the JP A language to what Coalition practice has evolved to for Coalition governments as the organization has matured; . Deleted outdated and extraneous language. Financial Impact None. Attachments Highway 10/169 Corridor Coalition Joint Powers Agreement Amendment Action Requested City Council is asked to consider the Highway 10/169 Corridor Coalition Joint Powers Agreement Amendment as attached. Council Action Motion by _ Second by _ Vote Follow Up s: \Council\Lori\2006\)P A Amendmnt.doc FINAL DRAFT 3/07/06 AMENDMENT # 1 TO JOINT POWERS AGREEMENT FOR NORTH METRO TRUNK HIGHWAY 10 CORRIDOR COALITION 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 Trunk Highway 10 (TH 10), hereby agree to continue the North Metro Highway 10 Corridor Coalition, (Coalition) and WHEREAS, the Coalition will continue a collaborative effort to 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 city and county roadway systems, and to 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 purpose of this agreement is to create an organization through which the members that are parties to this Joint Powers 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 and TH 169 through a system of collaboration, pursuant to Minnesota Statutes, 1994, Section 471.59. ARTICLE II. ORGANIZATIONAL GOALS The goal of the Organization shall be to: Work cooperatively with transportation, transit and other agencies, including the NorthStar Corridor Development Authority, Minnesota Department of Transportation, Metropolitan Council and Metro Transit, 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. ARTICLE III. DEFINITIONS For purposes of this agreement the terms defined in this Article have the meanings given them. Section 1. "Agreement" means this Joint Powers_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. "Governing body" means the City Council of a member City or County Board of a member County. Section 4. 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 Trunk Highway 10 Corridor Coalition" (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 continuing_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 continuing members desiring to be a member of the North Metro Trunk Highway 10 Corridor Coalition may apply to do so by delivering a resolution of its governing body authorizing execution of this Agreement, along with an executed copy of this Agreement, to the President or Authorized Representative 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. 2 Section 4. The Coalition Board may approve the creation of a Membership category open to private persons or entities subject to limitations contained in Minnesota Statutes, 1994, Section 471.59, if any, with provisions for participation in governance decisions as may be agreed to by the Board as expressed in the Bylaws. ARTICLE V. BOARD OF DIRECTORS Section 1. The governing body of the North Metro TH 10 Corridor Coalition is its Board of Directors. A member shall have two (2) director positions and one (1) alternate director. a) 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. Each director has one vote. The alternate director shall be an elected official of the member city, and may attend meetings of the board and may vote in the absence of a director. b) Unless otherwise specified by resolution of the governing county board, the directors of a county shall be a county board member and a county staff person designated by the county board. Each director has one vote. The alternate director may be either elected or non-elected representatives of the county, and 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 Representative. 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. ARTICLE VI. MEETINGS Section 1. 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. 3 Section 2. The President may call a special meeting of the Board and the Representative 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 sent 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 VII. OFFICERS: COMMITTEES Section 1. The officers of the Board are a President, a Vice President and an Administrative Representative 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 and shall serve as spokesperson for the Coalition. The Administrative Representative 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 by the Board. The Vice President shall preside at Board meetings and serve as needed in the absence of the President. Section 3. The Administrative Representative 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. ARTICLE VIII. 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; 4 (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; (f) 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 annual budget for each year prior to November 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 sent 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 December 1st of the preceding year, a member gives written notice to the Administrative Representative 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 member's 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 assessed valuation compared to the aggregate assessed valuation of all members. County membership cost participation shall annually be determined by the full Board. The Board may establish a minimum fee and a maximum fee Section 4. Membership dues for members joining the organization after the beginning of the budget year shall be assessed a fee comparable to similar current members and shall be included in the calculation outlined in Section 3 in subsequent years. Section 5. Coalition membership dues are due and payable no later than 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. 5 ARTICLE X. WITHDRAWAL Section 1. A member may withdraw from the Coalition no later than December 1 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 Administrative Representative 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 affect 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 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. EFFECTIVE DATE; DURATION Section 1. This Agreement shall become effective upon filing with the County Recorder or the City Clerk of the City or County of , a copy of resolutions authorizing its execution, and an executed copy hereof, of all of the initial members listed in Article IV, Section 2. In the event fewer than all of said initial members approve and execute this Agreement, 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. 6 ARTICLE XIII. 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. 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. Governmental Unit: By: Its: And: Its: Received and filed by the City/ County of 2006. this _ day of 7