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Highway 25 Coalition Agenda Packet 12-15-2016Highway 25 Coalition Preliminary Agenda Thursday, Dec. 15, 2016 7:30 AM Monticello Community Center, Boom Island Room 1. Call to order 2. Welcome and Introductions 3. Consideration of approval of meeting minutes from meeting held October 27 2016 (see attached). 4. Consideration of adopting amendment to the JPA enabling the addition of Becker and Becker Township (See attached). At the previous meeting, the Coalition tabled action to amendment the JPA pending obtaining a formal request by Becker Township to join the Highway 25 Coalition. This is to report that Becker Township has taken formal action on the matter and the associated letter confirming Becker Township inters a formal request is in hand a copy of which is provided for you with this packet. A draft revision to the JPA that enables accommodation of the two new members has been prepared and is provided for your review. The language regarding votes necessary for passage of a motion maintains the requirement for a supermajority plus at least one member located on each side of the Mississippi River must vote in favor of the motion. Amendments to the JPA will need to be ratified individually by is member organizations. It should be noted that the current and proposed language does not address the potential for adding Monticello Township. As mentioned previously, Monticello Township has not been contacted to participate because its territory falls outside of the Highway 25 Corridor study boundaries and there is a cost to join the group. However, as a courtesy to Monticello Township, the group could elect to approve the amendment subject to a determining from Monticello Township that it does not wish to join the organization. 5. Consideration of Submitting a Letter of Support of the Fallon Avenue I94 Overpass project in Monticello (see attached). The Highway 25 Coalition is asked to consider providing a letter to the Minnesota Department of Transportation supporting development of an overpass at Fallon Avenue. The letter of support would be included with the City of Monticello application for federal funding of a share of the project cost. This local bridge will support trips across I94 and thus divert traffic that would otherwise need to use Highway 25. The Highway 25 Coalition is asked to write a letter of support by virtue of the fact that the Fallon Avenue Bridge improvement will have the result of adding capacity to the Highway 25 Corridor. 6. Local Rail Update — Justin Pearson 7. Introduction of Jennifer Russel and associated review of the Comprehensive Economic Development Strategy (CEDS) Program. — Dan Weber/Jennifer Russell. 8. Update on Highway 25 Corridor Study Request for Proposal process — Andrew Witter and Virgil Hawkins 9. Transportation and related Economic Development or Land Use Updates • Sherburne County • Big Lake • Big Lake Township (Fiscal Agent) • Becker • Becker Township • Wright County • Monticello 10. Other 11. Adjourn Highway 25 Coalition Meeting Minutes - October 27, 2016 7:30 AM Monticello City Hall Members Present - Big Lake Township - Bob Hofer and Larry Alfords; Sherburne County - Dan Webber, Steve Taylor, Ewald Petersen, Andrew Witter; Wright County — Mike Potter; City of Big Lake — RaeAnne Danielowski; City of Becker — Greg Pruszinske; and City of Monticello — Brian Stumpf, Jeff O'Neill and Jennifer Schreiber 1. Call to order. 2. Welcome and introductions. 3. Consideration of approval of meeting minutes from meeting held September 29, 2016. Motion made by Mike Potter and seconded by RaeAnne Danielowski. Motion passed unanimously. 4. Consideration of rescinding August 26th meeting minutes and adopt revision with item 10 corrected as requested by Claudia Dumont. Claudia Dumont mentioned that item #10 from the August 26th meeting minutes did not accurately reflect her report on the I94 project. She requested that the meeting minutes be adjusted accordingly. O'Neill submitted an amendment to the meeting minutes as requested by Dumont. Motion was made by RaeAnne Danielowski and seconded by Mike Potter to rescind approval of meeting minutes from August 26th and adopt revised meeting minutes with item 10 corrected. Motion passed unanimously. 5. Consideration of adopting amendment to the JPA enabling the addition of Becker and Becker Township. At the previous meeting, the Coalition acknowledged the formal request from the City of Becker and the informal request from Becker Township to join the coalition and authorized drafting an amendment to the JPA that would enable new members to be added to the Coalition. In accordance with previous direction by the group, O'Neill provided a draft revision to the JPA that would enable the addition of City of Becker and Becker Township to the Highway 25 Coalition. He went on to note that a formal request has been received from the City of Becker. A formal request from Becker Township request has not yet been received. After discussion there was a consensus of the group to table consideration of this item until a formal request from Becker Township to join is submitted. 6. Update on Highway 25 Corridor Study Request for Proposal process. Andrew Witter and Virgil Hawkins reviewed the status of development of a Request for Proposal (RFP). There was discussion on setting a budget for the study and then allow the proposals to identify a product that could be developed within the budget amount. The RFPs would then be judged based on value. The group assisted Hawkins and Witter in establishing the geographic scope of the study area through review of aerial photography of the region. 7. Transportation and related Economic Development or Land Use Updates. Each jurisdiction provided a brief update on developments within their area that could affect the Highway 25 Corridor. & Report on contacts with Tom Emmer and staff. Dan Webber and Jeff O'Neill provided a report on a recent meeting with a member of Tom Emmer's staff. It was noted that they are supportive of the group's effort and will be researching resources that could be available for assisting with funding a portion of the study. 9. Web presence update. Jeff O'Neill reported that the framework for placing the agendas and the meeting minutes online is complete. All information generated by this group subsequent to formal establishment will be placed online and made accessible via the City of Monticello website. Links to this information will be incorporated into individual websites maintained by members. 10. Other. There was discussion on rescheduling the next meeting date since the last Thursday falls on Thanksgiving. A motion was made by Mike Potter and seconded by Larry Alford to reschedule the regular meeting in November (24th) to Thursday, December 15th. Motion carried unanimously. 11. Adjourn. There being no further discussion meeting ended at 8:30 a.m. TO WIV TEL: 763.261.5301 PO Box 248 FAX: 763.261.5303 12165 Hancock Street Beckertownship.org Becker, MN 55308 fi IF; C. .... ..._.. '. `sir .... . .., 1 r November 17, 2016 Highway 25 Corridor Coalition Jeff O'Neill City Administrator 505 Walnut Street Monticello, MN 55362 Dear Highway 25 Corridor Coalition Members, Improved transportation systems help bolster economic development, especially when implemented on a regional level. As a neighboring community and Township, we recognize the need for improvements along the Highway 25 corridor. With business expansion and increases in population on the horizon for multiple area cities, the pressure to build an additional Mississippi River crossing is growing. We, Becker Township, understand the Coalition is working on the development of a traffic study request for proposals with the goal of starting the study in 2017. On behalf of the Becker Township Board and community, please accept this letter as an indication of our interest in formally joining the Highway 25 Corridor Coalition. This request includes Becker Township being accepted as a member of the Highway 25 Corridor Coalition Joint Powers Agreement. We support the traffic study and hope to be a contributor in the corridor improvement conversations. Respectfully, a � Brian Kolbinger Chair CITY OF gill" BECKER 12o6o Sherburne Ave., P.O. Box 250 ® Becker, Minnesota 553o8-0250 Phone: (763)200-4239 Fax: (763)261-4411 Metro: (763)262-4455 www.ci.becker.mn.us Minnesota's Best Kept Secret September 20, 2016 Highway 25 Corridor Coalition Jeff O'Neill City Administrator 505 Walnut Street Monticello, MN 55362 Dear Highway 25 Corridor Coalition Members, Improved transportation systems help bolster economic development, especially when implemented on a regional level. As a neighboring community and City, we recognize the need for improvements along the Highway 25 corridor. With business expansion on the horizon for multiple area cities, the pressure to build an additional Mississippi River crossing is growing. We, the City of Becker, understand the Coalition is working on the development of a traffic study request for proposals with the goal of starting the study in 2017. On behalf of the Becker City Council and community, please accept this letter as an indication of our interest in formally joining the Highway 25 Corridor Coalition. This request includes Becker being accepted as a member of the Highway 25 Corridor Coalition Joint Powers Agreement. We support the traffic study and hope to be a contributor in the corridor improvement conversations. Respectfully, Greg Prusz nske City Administrator CC: Becker City Council RESOLUTT OM 16-61 H�GGEITOAY 25 COALT�OIM WHEREAS, Sherburne and Wright Counties; the cities of Big Lake and Monticello; and Big Lake Township have formed a coalition to lobby for a bridge crossing over the Mississippi River; and WHEREAS, a river crossing will bolster economic development on both sides of the river; and WHEREAS, a river crossing will be a key component to the area's transition from coal reliance; and WHEREAS, a river crossing will relieve some of the traffic congestion, and WHEREAS, the city of Becker supports a river crossing; and WHEREAS, the Becker City Council desires to be part of the Highway 25 Coalition and the Joint Powers Agreement. NOW THEREFORE BE IT RESOLVED, that the Becker City Council hereby authorizes the city administrator to request membership in the Highway 25 Coalition. BE IT FURTHER RESOLVED, that the Becker City Council authorizes staff pursue entering the Joint Powers Agreement. Rick Hendrickson Tracy Bertram Todd Hanrahan Lori Keller Jerome Kleis \,0 i<Z--� Adopted this 20th day of September 2016. 4 Mayor,Jerbme leis Attest: Julie Blesi, City Clerk Resolution 16-61 Page 2 Drafted by: Greg Pruszinske, City Administrator P.O. Box 250 Becker, MN 55308 STATE OF MINNESOTA } COUNTY OF SHERBURNE } SS. The foregoing instrument was drafted by Greg Pruszinske this day of 2016 By the City of Becker. ����` �,•�,'� EMILY ANNE PRAUGHT Signature of person tAing acknowledgement NOTARYPUBLIC- MINNESOTA ......... My Cot�m*ion Expires Jan. 31,1 1, 2020 HIGHWAY 25 CORRIDOR COALITION JOINT POWERS AGREEMENT This joint powers agreement (the "Agreement") is entered into this day of , 2016, by and between the Cities of Monticello, Big Lake and Becker, municipal corporations under the laws of Minnesota, Big Lake and Becker Township, public corporations under the laws of Minnesota, and Sherburne and Wright Counties, bodies corporate and politic under the laws of Minnesota, The parties to this Agreement are hereafter referred to individually as "Member(s)" and collectively as the "Highway 25 Coalition." RECITALS WHEREAS, Minnesota Statute § 471.59 authorizes the joint and cooperative exercise of powers common to the Members; and WHEREAS, State Highway 25 between I-94 and State Highway 10 (the Corridor) has become a vital local transportation artery supporting the social and economic well-being of the Members; and WHEREAS, the Highway 25 Corridor between I-94 and State Highway 10 is an important connecting link to two major highways that serves a growing regional and statewide traffic demand; and WHEREAS, transportation pressure along the Corridor has grown sharply in recent decades mirroring the growth of State, regional and local populations which have caused a significant erosion of traffic capacity; and WHEREAS, with the growth of local, regional and statewide traffic, along with the increase in rail activity, the Highway 25 Corridor between I-94 and State Highway 10 has become increasingly congested. Continued growth is destined to further degrade the operation of the Corridor which will hamper economic development and negatively impact all that travel along and across it on a daily or periodic basis; and WHEREAS, a pre-existing development pattern, the Mississippi River and Burlington Northern railroad all present physical challenges to development and operation of a corridor with sufficient capacity to meet existing and future needs; and WHEREAS, given the availability of undeveloped land and projected growth in traffic demand over time, it is appropriate for member communities to engage in a joint planning effort for the sake of efficient and orderly transportation facilities development; and WHEREAS, failure to plan and develop improvement priorities will ultimately result in added cost and lost opportunities for members of the Highway 25 Coalition and the State of Minnesota; and 184649v6 WHEREAS, the potential of gaining grant funds, as well as State and Federal funding assistance, for Corridor related improvements are greatly enhanced through development of a unified voice; and WHEREAS, each Member has adopted a Resolution finding that it is in the best interests of the citizens of each jurisdiction to enter into this Agreement. NOW THEREFORE, pursuant to Minnesota Statutes § 471.59, and in consideration of the mutual undertakings herein expressed, the parties agree as follows: The Highway 25 Coalition mission is to have the Corridor appropriately expanded to operate effectively to create timely mobility for workers and emergency response while saving and enhancing lives through reducing crashes, eliminating rail conflicts and encouraging more broad economic growth and better connected communities. 2. Activities of the Highway 25 Coalition to include the following; a. Examination of the impacts of continued growth in Member jurisdictions on traffic patterns. b. Conducting traffic studies defining and identifying priority improvements. Preparation of collaborative project design and delivery recommendations. d. Study of various transportation risks associated with improvement alternatives and associated timing of the construction of improvements. Identification and application for funding of activities via grant programs. f. Development of unified effort among local and state interests in obtaining funding of improvements to include: (i) providing input and leadership within each Member community on matters pertaining to Corridor improvement planning and implementation; and (ii) advocacy at the State and Federal level. g. Partnering with MNDOT on regional transportation decisions and involvement in regional policy decisions and discussions. h. Incorporation of public input in planning efforts. Related and ancillary activities or common issues associated with the Highway 25 corridor. 3. Joinder of Member Political Subdivisions. The undersigned Members hereby agree to join together for the purpose of coordinating short and long term Corridor planning and 2 184649v6 system funding efforts and establishing a joint funding source for said activities through establishment of the Highway 25 Corridor Coalition. This Agreement shall become effective upon adoption of a resolution by the governing body of no less than 5 Members, and shall be binding on all the Members who have joined through adoption of a resolution by their respective governing bodies for five (5) years from the date the last original member executes the agreement, unless otherwise extended or amended by the Members that have signed this Agreement. Near the end of the term of the Agreement, Members will assess the effectiveness of the organization and determine whether or not to continue or disband. 4. Highway 25 Coalition Board Composition. Each Member shall appoint annually a representative to the Highway 25 Coalition Board. Each Member may appoint an alternate representative who may act in the place and stead of an absent representative from that Member jurisdiction. 5. Meetings. The Board shall meet at least quarterly on a schedule determined by the Board. All meetings of the Board shall be conducted in a manner consistent with the Minnesota Open Meeting Law, Minn. Stat. § 13D.01, et. seq., as amended. Special meetings may be called by the Board Chair or upon written request of three (3) or more members of the Board. Written notice of any special meetings shall be sent to all Board members and to the City Clerk of each City to comply with posting requirements. 6. Powers and Duties. The powers and duties of the Board include, but are not limited to, expending funds for the purposes noted above including: a. Approve a work plan and annual budget. In July of each year, the Highway 25 Coalition will establish a work plan and budget for the following fiscal year. b. Although projects are intended to be completed within a prescribed budget approved on an annual basis, the Board has the flexibility to modify work plan and associated expenditures as it deems necessary to support the mission of the Highway 25 Coalition. In addition, the Board has the option to seek additional funding from its Members outside of the budget as needs arise. Seek grant funds supporting planning efforts and to utilize funds on hand as necessary to meet grant program fund matching requirements. d. Apply for, receive, and expend State and Federal funds available for funding goals of the Highway 25 Coalition, as well as funds from other lawful sources, including donations. Enter into contracts with public or private entities as the Board deems necessary to accomplish the purpose for which the Board is organized, including, but not limited to, the use of consultants. 184649v6 3 f. Obtain such insurance as the Board deems necessary for the protection of the Board, its property, members of the Board, and Members. 7. Funding Formula and Accounting. In January, each Member shall contribute its share of the annual budget based on the following formula: a. Sherburne County and Wright County to evenly split 50% of the total cost. b. City of Monticello, City of Big Lake, City of Becker, Big Lake Township and C. Becker Township and other local jurisdictions that so choose to join will evenly split the remaining 50% of the total cost. d. Accounting services supporting Highway 25 Coalition activities shall be provided by one of its Members with this assignment made by the Board on an annual basis or as needed. 8. Jurisdiction Liaison Responsibilities. Individual Board members and associated staff are responsible for maintaining ongoing communication with the Board he/she represents to include presentation of the annual work plan and budget to their Board. 9. Voting. Each Member shall have one vote on the Board. A quorum shall consist of a simple majority (51%) of representatives from the membership. An affirmative five sevenths (5/7) vote of all the members of the Board shall be required by the Board to take any action, including, but not limited to, the actions as listed in Item 6 (Powers and Duties), however, at least one of the affirmative votes for any action must be cast by Members located on opposite sides of the Mississippi River. 10. Officers. There shall be a chair, a vice chair, and a secretary elected from the members of the Board at the initial meeting of each year. The Board may elect or appoint such other officers as it deems necessary to conduct its meetings and affairs. 11. Effective Date/Termination. This Agreement shall become effective upon execution by all of the Members after adoption of an authorizing resolution by the governing body representing each Member jurisdiction and shall continue in effect for five (5) years after the date of execution of the last Member to execute this Agreement. This Agreement shall remain in effect until a party hereto gives notice to the Board of its intention to withdraw. Notice of withdrawal must be given by July 1St of a given year. Termination will be effective at the conclusion of the calendar year. This Agreement shall remain in effect as to the remaining Members provided that there are three (3) or more Members who desire to continue operating the Board. The withdrawing Member shall not be entitled to compensation or distribution of any assets of the Board. In the event of dissolution of the Board, all remaining funds after satisfaction of all payments and other financial obligations shall be returned to the Members in the same manner in which the Members contributed funding to the Board in the last full calendar year prior to dissolution. 4 184649v6 12. No Waiver. Nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to any jurisdiction, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 13. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes all oral agreements, representations between the parties relating to the subject matter thereof. Any alteration, variation, modification or amendment of this Agreement shall be valid only if in writing and executed by all parties. 14. Titles of Sections. The titles of sections of this Agreement are inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of the provisions hereof. 15. Severability. If any section, subdivision or provision of this Agreement shall be held invalid or unenforceable for any reason, the invalidity or unenforceability of such section, subdivision or provision shall not invalidate or render unenforceable any of the remaining provisions. 16. Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. 17. Indemnification and Hold Harmless. The Highway 25 Corridor Coalition shall fully defend, indemnify and hold harmless the Members against all claims, losses, liability, suits, judgments, cost and expenses by reason of the action or inactions of the Board and/or employees and/or the agents of the Highway 25 Corridor Coalition, except for any act or omission for which the Member's employee is guilty of malfeasance, willful neglect of duty or bad faith. This Agreement to indemnify and hold harmless does not constitute a waiver by the Highway 25 Corridor Coalition, any Member or any participant of the limitations on liability provided under Minn. Stat. § 466.04. To the full extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minn. Stat. § 471.59, subd. Ia(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other parties . The parties to this agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other parties. Each Member acknowledges and agrees that it is insured or self-insured consistent with the limits established in Minnesota State Statute. Each Member agrees to promptly notify 5 184649v6 all parties if it becomes aware of any potential Board related claim(s) or facts giving rise to such claims. 18. Data Practices. All government data shall be handled in accordance with the Minnesota Government Data Practices Act and Federal and State laws and regulations concerning the handling and disclosure of data. All contracts entered into by the Highway 25 Coalition shall contain a provision which requires the vendor to comply with and defend and indemnify the Members for a violation of this provision. 19. Counterparts. This Agreement may be executed in counterparts, each one of which will constitute one and the same instrument. 20. Waiver. In the event that any provision contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 21. Amendments. This Agreement may be amended only by unanimous agreement of the Members as evidenced by resolutions adopted by their respective governing bodies. 22. Disputes. The Members agree that they will submit any disputes under this Agreement to mediation prior to resorting to an action in Court. By signing this Agreement, the parties hereto certify that the same has been approved by their respective Boards. (Signatures contained on following pages.) 184649v6 11 Big Lake Township By Board Supervisor ATTEST: Board Clerk 184649v6 SIGNATURE PAGE TO HIGHWAY 25 CORRIDOR COALITION JOINT POWERS AGREEMENT Date: Date: City of Big Lake By Mayor ATTEST: City Administrator 184649v6 SIGNATURE PAGE TO HIGHWAY 25 CORRIDOR COALITION JOINT POWERS AGREEMENT Date: Date: City of Monticello By Mayor ATTEST: City Administrator 184649v6 SIGNATURE PAGE TO HIGHWAY 25 CORRIDOR COALITION JOINT POWERS AGREEMENT Date: Date: SIGNATURE PAGE TO HIGHWAY 25 CORRIDOR COALITION JOINT POWERS AGREEMENT Wright County By Date: Board of Commissioner Chair ATTEST: Date: County Coordinator 184649v6 10 SIGNATURE PAGE TO HIGHWAY 25 CORRIDOR COALITION JOINT POWERS AGREEMENT Sherburne County By Date: Board of Commissioners Chair ATTEST: Date: County Coordinator 184649v6 11 HIGHWAY 25 CORRIDOR COALITION JOINT POWERS AGREEMENT BeckerLake Township By Board Supervisor ATTEST: Board Clerk 184649v6 Date: Date: 12 City of Becker By Mayor ATTEST: City Administrator 184649v6 SIGNATURE PAGE TO HIGHWAY 25 CORRIDOR COALITION JOINT POWERS AGREEMENT Date: Date: 13 Fallon Avenue Overpass—Application for Federal Funding in process. Key Acquisition Right of Way Acquistion Pending City Council Approval on 12/12/2016 r • • �� ._ .. — Chelsea Road y.zL/_ 1X�" N, PG�� December 15, 2016 To Whom It May Concern: The Highway 25 Corridor Coalition is governed by a joint powers agreement between the Cities of Monticello, Big Lake and Becker; Big Lake Township and Becker Township; and Sherburne and Wright Counties. The Coalition recognizes that with the growth of local, regional and statewide traffic, along with the increase in rail activity, the Highway 25 Corridor between I-94 and State Highway 10 has become increasingly congested. Continued growth is destined to further degrade the operation of the Corridor which will hamper economic development and negatively impact all that travel along and across it on a daily or periodic basis; and The Fallon Avenue overpass will provide an alternate crossing to I-94 that will relieve traffic congestion on Highway 25 to improve operations and reduce delays in the regional area. Therefore, the Coalition is in support of the City of Monticello's effort to secure federal funding for the Fallon Avenue Overpass project. Sincerely, Brian Stumpf Chairman of the Highway 25 Corridor Coalition