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HomeMy WebLinkAboutResolution 2009-016RESOLUTION NO 2009-016 WHEREAS, the 1-94 Corridor currently carries over 130,000 vehicles per day at Highway 52 and 110,000 vehicles per day at Interstate 694; and WHEREAS, the 2030 Transportation Policy Plan has been approved by the Metropolitan Council and shows that traffic and congestion are forecast to increase substantially by 2030 resulting in the entire length of 1-94 from downtown St Paul to the St Croix River as being congested; and WHEREAS, the 2030 Transportation Policy Plan identifies the 1-94 Corridor as a Transitway Corridor in need of additional analysis; WHEREAS, the transitway analysis is needed to identify how mobility can be maintained and improved in the corridor; and WHEREAS, transitway analysis has been completed on similar Ramsey and Washington County transitway corridors including Red Rock and Rush Line; and WHEREAS, this partnership on these similar transitway corridors has been formalized through a joint powers agreement, the members of which include the Washington County Regional Railroad Authority, the Ramsey County Regional Railroad Authority, and may include any of the municipalities through which 1-94 traverses from Union Station in St. Paul to the St. Croix River. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo that the it approves the 1-94 Corridor Joint Powers Agreement and authorizes its execution. BE IT FURTHER RESOLVED, that the City Council hereby appoints Dean Johnston, Mayor as the 1-94 Corridor Commission representative and Nicole Park, City Council Member as the alternate for 2009. ADOPTED by the City Council of the City of Lake Elmo this Z' day of April, 0 Craig W/Pawson, lnfeiim City Administrator JOINT POWERS AGREEMENT ESTABLISHING THE INTERSTATE 94 CORRIDOR COMMISSION THIS AGREEMENT, is entered into by and between the undersigned Regional Railroad Authorities, Cities, and Townships all being governmental units of the State of Minnesota, pursuant to the authority contained the Minn. Statutes §§471.59 and 398A. WHEREAS, the Interstate 94 Corridor is defined as the transitway corridor originating at the Union Depot in downtown St. Paul and traveling east through Washington County with connections to other multi—modal transportation options; and WHEREAS, the Interstate 94 Corridor has significant transportation safety, and land use issues; and WHEREAS, there are opportunities for a variety of multi-modal transportation improvements to the Interstate 94 Corridor, including light rail transit, bus rapid transit or commuter rail along with multi-use trails, Intelligent Transportation Systems (ITS) and roadway improvements as related to the implementation of light rail transit, bus rapid transit or commuter rail; and WHEREAS, the parties wish to collaboratively plan for multi-modal transportation improvements to the Interstate 94 Corridor and for the related land use and development impacts; and WHEREAS, the Interstate 94 Corridor Commission intends to work collaboratively with the Minnesota Department of Transportation and the Metropolitan Council for the planning and development of light rail transit, bus rapid transit or commuter rail along with multi-use trails, Intelligent Transportation Systems (ITS) and roadway improvements as related to the implementation of light rail transit, bus rapid transit or commuter rail in the Interstate 94 Corridor, NOW, THERE' FORE, in consideration of the mutual promises and covenants herein, the parties hereto agree to as follows: ARTICLE 1. DEFINITIONS Unless context otherwise requires, the terms defined in this section shall have the meanings stated herein: AgK2ement means this Joint Powers Agreement as it now exists and as it may hereafter be amended. Commission (1-94 Corridor Commission) shall mean the Joint Powers body established hereby CADocurnents and Settings\Craig.dawson\Local SettingsUenaporary Internet Files\Content.OuttookJDZ5KGXY\1-94 JPA 3 -3-09 Final with Signature (2).doc Par11 2r Parties shall mean any Regional Railroad Authorities, Cities or Townships identified in Article 6 of this Agreement as signatories to this Agreement. Financial Parties shall mean the financial party or parties so identified in Article 6 of this Agreement. u€arum shall mean a majority of members, provided such majority includes at least two (2) Financial Members as defined in the Agreement. A quorum shall not be found if fewer than two (2) Financial Members are present. ARTICLE 2. PURPOSE The purpose of this Agreement is to form a joint powers board under the provision of Minnesota Statutes Section 471.59 and 398.A to enable the parties to cooperatively analyze the feasibility, environmental impacts, engineering, and construction of multi -modal transportation improvements in the 1 -94 Corridor including light rail transit, bus rapid transistor commuter rail along with multi -use trails, Intelligent Transportation Systems (ITS), roadway improvements as related to the implementation of light rail transit, bus rapid transit or commuter rail and the associated land use and development impacts. These activities may include but not be limited to the acquisition and management of federal, state, and local finding in conjunction with the Minnesota Department of Transportation and the Metropolitan Council, and may perform any responsibilities delegated by the Commissioner of Transportation or Metropolitan Council Chair subject to the conditions that sufficient funds are received. The Parties will communicate and coordinate the Commission's activities as necessary with private corporations, state agencies, counties, municipalities, the Federal Transit Administration, other regulatory, planning, and funding agencies, and other stakeholders for advancement of the Commission's purposes. The method of accomplishing the purpose of this Agreement is the establishment of a Joint Powers Board to provide a mechanism whereby the Parties jointly address the stated purposes. ARTICLE 3. TERM This Agreement shall be effective (the Effective Date) and the joint powers board established herein may commence exercising the powers and authorized in this Agreement on the day that the Agreement has been approved by resolution. and duly executed by the Ramsey County Regional Railroad Authority and the Washington County Regional Railroad Authority by action of their governing boards. This Agreement shall remain in full force and effect until terminated by the Parties pursuant to Article 10 of the Agreement. C:ADocmnents and Settingn \craig.dawson \Local Settmbs \Temporary Internet. Fit es \Conten Out1ookVDZ5KGXY \i -94 JYA 3 -3-09 Final with Signature (2).doc B. The Commission shall consist of one Member and one alternate appointed through resolution by a Party for an initial teen commencing with the execution of this Agreement until January 15, 2010. Each Member or alternate must be a member of the governing body, commission, or council which appoints him or her, and must remain so during his or her term, C. After January 15, 2010, the governing body, commission, or council shall appoint by resolution its member and alternate for one year terms. In the event that any Member or alternate shall not have been appointed by January 15 in any year, the incumbent Member shall serve until a. successor has been appointed. Removal of any Member or alternate during the term for which the Member has been appointed. may be done at any time but shall be done only by resolution of the appointing governing body, commission, or council, or automatically if the Member ceases to be a member of the Party which appointed him or her. ARTICLE 5. VOTING Board voting shall be as follows: Each Financial Party Member receives three (3) votes and each non-Financial Party Member receives one (1) vote. A. In the event that the appointed Member is not present at the meeting, their alternate may cast all of their Party's allocated votes. B. All actions of the Board require both a simple majority vote of the Members present and a simple majority vote of the Financial Members present. However, for all actions involving the expenditure of funds and adoption of the budget, a simple majority of the whole Board plus a unanimous vote of all Financial Members is required. ARTICLE 6. MEMBERSHIP The government units that are eligible for participation in this Commission upon adoption of this agreement by resolution and duly executed by their respective governmental units on or before December 31, 2009 include: A. Financial Parties a. Ramsey County Regional Railroad Authority 3 C:\Documents and Settings\craig.dawsoiALocal SetfiDgs\Temporary Intemet Files\Contciit,Outlook\JDZ5KGXY\1-94 ._JPA_3-3-09 Final with Signature (2).doc b. Washington County Regional Railroad Authority B. Non-financial Parties a. City of St. Paul b. City of Maplewood c. City of Landfall d. City of Oakdale e. City of Woodbury f. City of Lake Elmo g. City of Afton h. City of Lakeland i. Town of West Lakeland C. If an entity identified in this Article 6 does not elect to become a Party by December 31, 2009, it may do so thereafter by amendment to this Agreement pursuant to Article 11 hereof. D. Following the initial term, Commission Members' terms shall commence on January 15 of a calendar year and end on January 14 of the next succeeding year, or until a successor is appointed. ARTICLE 7. POWERS OF COMMISSION The Commission has such authority as is necessary and proper to make all decisions to carry out its purpose as described in Article 2. Such powers shall be subject to the provisions of Minn. Stat. § 471.59 and 398A and will include, but not be limited to, any or all of the following: A. Adopt an annual budget, together with a statement of the sources of funding and an estimated amount required of each Financial Party. B. Enter into transactions, including contracts or ]cases, required in furtherance of this Agreement and statutory mandate and enforce such transactions to the extent available in equity or at law. The contracting and purchasing requirements of one of the Financial Parties designated by the Commission shall apply hereto. The Commission may approve any contract relating to this Agreement up to the amount approved in the annual budget and may authorize the Chair of the Commission to execute those contracts. C. Have the power to adopt such by-laws that it may deem necessary or desirable for the conduct of its business. Such by-laws shall be consistent with this Agreement and any applicable laws or regulations. The by-laws may provide for the appointment of ex officio, non-voting members to the Board by the Commission. Approval of the by-laws shall be in accordance with Article 5 of this Agreement. D. Apply for and accept gifts, grants and loans of money, other property, or assistance fi-om the United States government, the State of Minnesota, or any person, corporation, partnership, association, or agency public or private for any of its purposes; enter into any 4 CADocuments and Settings\craig.dawson\Local Settings\Teinporary Internet Files\COilteiit.Oittlook\JDZ5KGXY\1-94 JPA 3-3-09 Final with Signature (2).doc agreement in connection therewith to hold, use and dispose of such money, other property; and assistance in accordance with the terms of the gifts, grants, or loans relating thereto. E. Acquire and hold 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 Agreement. F. Employ agents and employees, and to fix the compensation and all other terms and conditions of employment thereof, G. Incur debts, liabilities, or obligations which do not constitute a debt of any of the Parties. The Joint Powers Board does not have authority to incur debts, liabilities, or obligations which constitute a debt of any of the Parties. The obligations or other forms of indebtedness must be issued in the same manner as would apply to one of the Financial Parties. H. Enter into agreements and non-binding memoranda of understanding between the Commission and the United States government, the State of Minnes'o:'ta, or any person, corporation, partnership, association, or agency public or private in accordance with applicable law. 1. Sue and be sued in its own name. All powers granted herein shall be exercised by the Commission in accordance with the legal requirements applicable to the regional railroad authorities. nt 5 CADocuments and Settii)gs\ciaig.daA,soii\]-ocaI Settings\'Felnporary Intornet Files\Coi)tcnt.OutlookUDZ5KGXY\1-94 JPA 3-3-09 Final with Signature (2).doc the Commission and shall have such other duties as set forth in the Commission's by- laws. C. Staff Any Party may provide staff support to the Commission subject to the approval of the Commission. D. Vacancies If an appointment of any Member or alternate is vacated before the end of his or her term, the vacancy shall be filled by appointment by the appropriate Party pursuant to Articles 4 and 6 of this Agreement. Vacancies shall be filled within thirty (30) days of their occurrence. A vacancy shall be deemed to have occurred when any of the conditions specified in Minn. Stat. § 351.02 exist. E. MM � 9 t in S The Commission shall meet at regular intervals at such times and places as the Commission shall establish in its by-laws. Special meetings may be held on reasonable notice by the Chair or any two members upon terms and conditions as the Commission may determine and that conform to the Minnesota Open Meeting Law, Minn. Stat. § 13D. F. Committees The Commission may establish standing committees of the Commission by providing for such committees by resolution. The Chair may establish ad hoe committees of the Commission. ARTICLE 9. FUNDING It is understood by the Parties that the activities and duties of the Commission are to be funded primarily by grant monies from the United States Government, the State of Minnesota or any other association or agency. Nevertheless, the Financial Parties identified in this Agreement agree to provide funding, if necessary, for the feasibility, environmental impacts, engineering, and construction of a multi-modal transportation improvement in the 1-94 Corridor including light rail transit, bus rapid transit, commuter rail, multi-use trails, and Intelligent Transportation Systems (ITS) along with the associated land use and development impacts, and administrative expenses of the Commission (to the extent not covered by grant funds), and other items deemed necessary to facilitate development of the corridor The Financial Parties will establish an initial budget. The Financial Members contribution to the initial budget and all subsequent budgets shall be allocated as -follows: 50% Ramsey County Regional Railroad Authority 50% Washington County Regional Railroad Authority Each Financial Party shall pay its appropriate initial contribution to the regional railroad authority acting as fiscal agent of the Commission within sixty (60) days of the Commission approving a budget. 6 1 i CADocuments and Scftings\craig.dawson\Local Settingffernporary Internet Filos\Coiiteiit,OtitloolCUDZ5KGXY\1-94—JIIA-3-3-09 Final willi Signature (2).doc A. Annual Budget For the calendar year next following the calendar year in which the Effective Date occurs and all subsequent years, the Commission shall establish and approve a budget. Each Financial Member shall be assessed for its proportionate share of the budget according to the schedule established above. The Commission shall establish its first budget within sixty (60) days of the commencement of the Commission. B. Financial Members9 Bud a-ilf- A n"vv- val Adoption of the budget and any other matter requiring expenditure of funds shall be in accordance with Article 5 of this Agreement, C. Contribution Date Except for any initial contribution required by this Agreement, assessments made under the provisions of this article shall be paid by each Financial Party by January 15 of each year. The initial contribution shall be made within sixty (60) days of the adoption of the budget pursuant to Article 7(A) hereof. D. Bud geti ), g Accounti c, Fiscal Agent and Other Services Inc Commission may contract with any Party to provide contract management, legal review, and budgeting and accounting services necessary or convenient for the Commission and otherwise act as the Commission's fiscal agent. Such services shall include, but not be limited to, management of all funds, including contributions and grant monies, payment for contracted services, and relevant booldceeping and record keeping. The contracting and purchasing requirements of the Party so selected shall apply to transactions of the Commissions. Such Party shall identify the staff person to work as liaison with the Commission. & Effect of Withdrawal, DiSIDosition of Pr o Dertv Funds and ObI . ations A Financial Party withdrawing from this Agreement shall, prior to such withdrawal, pay 11 the full amount of any unpaid assessments to the Commission as defined in Article 9. A Party withdrawing from this Agreement shall not receive a distribution of property or i—ne—n��s­a -S'et—tiiig—s,crai—g.dawso—n\LocaI 7 ttings\Ternporary Internet Files\Content.Outlook�TDZ5KGXY\1-94-JPA,-3-3-09 Final with Signature (2).doc funds until such time as this Agreement is terminated by al I I Parties pursuant to this Article 10. Such disposition of property shall be in accordance with the provisions of Section D of this Article 10. Any Financial Party withdrawing shall be liable for any assessment in the year in which the withdrawal becomes final only for the period in such year that the Financial Party remains a party. The Financial Party's assessment shall not exceed the sum of one- twelfth (1/12th) the full assessment multiplied by the number of months or fractions thereof in the year during which the party remains a party. C. Termination This Agreement shall terminate upon the occurrence of any one of the following events: a. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or b. When all of the Financial Parties agree, by resolution adopted by the respective governing bodies, to terminate this Agreement and all obligations of the Commission shall have been paid or otherwise defeased in full. D. Dis osition of At such time as this Agreement is terminated, any property interest remaining in the Commission, following discharge of all obligations owed by the Commission shall be disposed of and the proceeds of the property shall be returned to the Parties in proportion to their contribution. E. Effect of Withdrawal of Financial PaKty9p Budget In the event a Financial Party withdraws, the unpaid assessment allocable to such member in the year of withdrawal and subsequent years shall be reallocated to the remaining Financial Party. ARTICLE 11. MISCELLANEOUS A. Amendments This Agreement may be amended by unanimous agreement of the Parties as evidenced by 4::1 resolutions adopted by the respective governing bodies. CADocuments and SetIings\craig.dawson\Locai settingsueniporary Internet Files\Content.outtook\JDZ5KGXY\1-94 RIA 3-3-09 Final with Signature C. Co Lm!ERAELS This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. D. Severability The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. E. Entire Aureement This Agreement constitutes the entire agreement between the Parties and supersedes all prior written or oral agreements relating to the Commission. F. Alternative Dispute Resolution In the event of a dispute arising under this Agreement, the Parties and the Commission agree to attempt to resolve their dispute by following the process described below: a. A Party shall provide written notice to the Commission describing perceived conflict, positions, and underlying reasons. b. The Commission shall provide written response to notice within seven (7) days of receipt of notice. c. The Parties shall meet within 14 days of receipt of response with a neutral facilitator. The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution. Costs of such facilitator shall be shared equally by all parties to the dispute. d. At the first meeting, the neutral facilitator will assist the Parties in identifying the appropriate Parties and participants in the dispute resolution process, their concerns, a meeting agenda and design for any subsequent meetings. The Parties shall agree on a process for resolving the problem that would involve additional negotiations, mediation, or arbitration. c. In developing the process, the parties will be guided by the following principles: i. the Parties will attempt in good faith to reach a negotiated settlement; ii. the Parties agree that there must be fair representation of the parties directly involved in the dispute; iii. the Parties will use legal proceedings as a last resort; and 9 CADOCUlnelits and Settings\craig.dawsWLocal Settings Temporary Internet Files\Coiitent,OutlootdJDZ5KGXY\1-94 JPA 3-3-09 Final with Signature (2).doc iv. in the event the Parties are unable to resolve the dispute, each Party retains all rights, remedies, or defenses it had prior to entering the process. f The parties will report to the Commission within 60-days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. G. Minnesota Laws Govern The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation shall be in State district court located within the County of Ramsey, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. If any provision of this agreement is invalid, illegal, or unenforceable the remaining provisions will not be affected. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the date written below. 10 CADocuments and SCtti1A9s\cmig.dawson\Loca1 Settin s\'Femporary Internet Files\C.ontent. 0ut1ook\JDZ5KGX1 ' \1-94 JPA 3-3-09 Final with Signature (2).doc Mayor C .`_ - (� nnf� Approved as to form: Ci Date 12 C.ADocoments and Settingsvcraig.dawsonvLocal SettingsUemporary Internet Files vContent.OutlooklJDZ5KGXY11 -94 JPA 3-3-09 Finalwith Signature (2).doc i - r Myra Peterson, Chair Late Washington County Board of Commissioners James R. Schug County Administrator Late Asst. County Attorney - Late 1 1 r C.\Docunents and Settings \ctaig.dawson \Local SettmLs\I empo ary Hite et Piles \Content. Outlook VDZ5KGXY \I-94 JI A_3 -3 -09 Final with Signature (2).doc