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HomeMy WebLinkAboutResolution 8078 RESOLUTION 8078 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING MEMBERSHIP WITH THE NORTH METRO I-35W CORRIDOR COALITION AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WHEREAS, congestion on I-35W in Mounds View and adjacent cities poses severe congestion, safety and mobility problems for City residents and businesses, and WHEREAS, solving these problems will require the coordinated efforts of all cities and counties in the I-35W Corridor between Downtown Minneapolis & Forest Lake in collaboration with MnDOT, Metro Transit and the Metro Council, and WHEREAS, the North Metro I-35W Corridor Coalition has served as the leading advocate for addressing the problems noted on I-35W North, including securing federal fund appropriations needed to identify and implement solutions to the Corridor problems, and WHEREAS, the City of Mounds View has identified a mutual benefit in being engaged in advocacy for improvements that address the congestion, safety and mobility improvements on I-35W and adjacent County, City and State roads. NOW THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hereby authorize the Mayor and City Administrator to sign a Joint Powers Agreement enabling the City of Mounds View to rejoin the North Metro I-35W Corridor Coalition as a full member with all rights, privileges and obligations as outlined in the Joint Powers Agreement and the associated Bylaws. Adopted this 25th day of March, 2013 •e Flaherty, Mayor ATTEST: James Ericson, City Administrator (seal) AMENDMENT NO. 2 NORTH METRO I-35W CORRIDOR COALITION JOINT POWERS AGREEMENT The parties to this Amendment NO. 2 are governmental units of the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, 1994, Section 471.59. WHEREAS, the governmental units currently in good standing as members of the North Metro I- 35W Corridor Coalition (Coalition), hereby agree to amend the original Joint Powers Agreement that initially established the Coalition, and WHEREAS, the Coalition has determined that it will focus its efforts and direct its resources on transportation system improvement needs in the Corridor; and WHEREAS, the Coalition Board and its member communities do hereby invite all interested cities, counties, townships and both business organizations and individual businesses to join in this effort. WHEREAS, this Amendment NO. 2 shall operate to delete all original Joint Powers Agreement language and substitute therefore the following Joint Powers Agreement language and all current members must consent to this action by executing this Amendment NO. 2, which language shall thereafter be controlling in the operation of the Coalition from the date of its adoption. NOW THEREFORE, on the basis of the premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I: PURPOSE The purpose of this Amendment to the original Joint Powers Agreement is to target the organization's focus on finding solutions to transportation and transit problems that have been identified as critical to member communities through a process of collaboration, pursuant to Minnesota Statutes, 1994, Section 471.59. 1 ARTICLE II: ORGANIZATIONAL GOAL The goal of the joint powers organization created by this Amendment to the original Joint Powers Agreement is to work cooperatively with other cities, Mn/DOT, the Metropolitan Council, Ramsey and Anoka Counties and other agencies in planning for transportation improvement, transit needs, and other infrastructure improvements to the I-35W Corridor. ARTICLE III: DEFINITIONS Section 1. For purposes of this agreement the terms defined in this Article have the meanings given them. Section 2. "Amendment" means this Amendment No. 2. Section 3. "Board" means the Board of Directors created by Article V. Section 4. "Director" means a director or alternate director appointed under Article of this agreement. Section 5. "Governing body" means the City Council or other governing body of a member. Section 6. "Governmental unit" means a home rule city, a statutory city, township, or county. Section 7. "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 8. The "North Metro I-35W Corridor Coalition" (Coalition) means the organization established by this agreement. Section 9. "Agreement" means the original Joint Powers Agreement as amended by Amendment No. 2. ARTICLE IV: MEMBERSHIP Section 1. Any governmental unit bordering on or in close proximity to the I-35W Corridor, described generally as beginning at the Mississippi River and I-35W and proceeding to Forest Lake along the I-35W Corridor, is eligible to be a member of the North Metro I-35W Corridor Coalition. 2 Section 2. A governmental unit other than members in good standing desiring to be a member of the North Metro I-35W Corridor Coalition may apply to do so by delivering a resolution of its governing body authorizing execution of this Amended Joint Powers Agreement, and an executed copy of this Amended Agreement, to the President or Secretary-Treasurer of the North Metro I-35W Corridor Coalition. The board may approve or disapprove the admission of a 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 I-35W 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 and alternate 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 Coalition's 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. 3 ARTICLE VI: MEETINGS Section 1. The board of directors shall meet at least one each year (annual meeting) to act on behalf of the Coalition. At its annual meeting the board shall elect its officers, and adopt such by-laws and other procedures governing the conduct of its meetings and its business, as it deems appropriate. Section 2. The board may provide for a schedule of regular meetings. Regular meetings must be held as provided by the by-laws of the organization. Section 3. A special meeting of the board may be called by the President or by the Secretary-Treasurer 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 VII: OFFICERS AND COMMITTEES Section 1. The officers of the board are a President, Secretary-Treasurer, Vice President- Administrator 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—Administrator shall be responsible for day-to-day operations of the Coalition. Section 3. The President, Secretary-Treasurer and/or Vice President - Administrator may sign vouchers or orders disbursing funds of the North Metro I-35W Corridor Coalition. Disbursement will be made in the method prescribed by law for statutory cities. Two signatures shall be required for all disbursements in excess of$20,000.00. 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 4 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. Section 2. The board may: (a) Enter into contracts to carry out its powers and duties. (b) Employ and/or hire such persons as it deems necessary on a part-time, full- time or consultant basis. (c) Purchase and hold personal property and accounts. (d) Contract for space, commodities or services. (e) 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. (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 I-35W Corridor Coalition is the calendar year. Section 2. The Board shall adopt an annual membership fee schedule and operating budget prior to November 1 of the preceding year. The board will give an opportunity to each member to comment or object to the proposed membership fee schedule and operating budget before adoption. Notice of the adopted membership fee schedule and operating budget must be mailed promptly thereafter to the chief administrative officer of each member. The membership fee schedule and operating budget for any year is deemed approved by each member unless, prior to November 30th 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: 5 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. This membership fee formula may be waived and or modified to accommodate members who seek to become full voting members and commit to an alternative financial commitment, such as, in-kind contributions that are acceptable to the board of directors. Section 4. Membership fee billings to Coalition members 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(s). Failure to pay a billing within 120 days is grounds for termination of membership, but North Metro I-35W Corridor Coalition's rights to the billing are not affected by termination of membership. ARTICLE X: VICE PRESIDENT -ADMINISTRATOR Section 1. The North Metro I-35W Corridor Coalition may appoint a Vice President - Administrator. The Vice President - Administrator may be engaged as a full-time, part-time employee or on a consulting basis. Section 2. The Vice President - Administrator, if appointed, has only those powers and duties delegated by the board. The Vice President—Administrator reports to and is responsible to the board and shall work closely with Coalition Officers on a day-to-day basis. ARTICLE XI: WITHDRAWAL Section 1. A member may withdraw from the Coalition no later than October 30th 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. 6 ARTICLE XII: 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 perfect 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 VIII herein. Further, members who have been permitted to join the Coalition by way of in-kind or other membership fee consideration shall not participate in the distribution of Coalition assets. ARTICLE XIII: EFFECTIVE DATE; DURATION Section 1. This Agreement shall become effective upon filing with the City or County Clerk of the City or County of , a copy of resolutions authorizing its execution, and an executed copy hereof of all of the current members in good standing as of the date of this Amendment. 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 as contemplated by this Amendment notwithstanding the failure to participate by specified members. ARTICLE XIV: PERODIC EVALUATION The Coalition will periodically evaluate its success against stated goals and its annual workplan to determine whether the Coalition should continue as a operating entity. 7 ARTICLE XV: AMENDMENT PURPOSE The stated purpose of this Amendment No. 2 is to delete in its entirety the language of the original Joint Powers Agreement and substitute therefore the language contained in this Amendment No. 2, with the specific understanding that the language of the revised Joint Powers Agreement shall be controlling effective upon the execution of the current Coalition members and any other city, county or governmental organization qualified and approved to participate under its terms. IN WITNESS WHEREOF, the undersigned governmental unit has caused this Amendment to be executed by its duly authorized officers and delivered on its behalf. Governmental Unit: By: And: Its: Its: Received and filed by the City or County of this_day of , 2005. UM-35W\CORPORAT\JPA AMEND.2 11.05.doc 8