Loading...
Highway 25 Coalition Agenda Packet 10-27-2016Agenda Highway 25 Coalition Thursday, October 27 2016 7:30 AM Monticello City Hall 1. Call to order 2. Welcome and Introductions 3. Consideration of approval of meeting minutes from meeting held September 29, 2016 (see attached). 4. Consideration of rescinding August 26th meeting minutes and adopt revision with item 10 corrected as requested by Claudia Dumont. Subsequent to the approval of the meeting minutes, Claudia Dumont noticed 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. Motion requested to rescind approval of meeting minutes from August 26th and adopt revised meeting minutes with item 10 corrected. See revised meeting minutes as attached. 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. Accordingly, a draft revision to the JPA 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 the requirement that at least on member located on the West side of the Mississippi River 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 additional members such as the City of Otsego or Monticello Township. If the Coalition would like the flexibility to add additional members without amending the JPA, then the item should be tabled and sections relating to membership and voting will need to be rewritten entirely. 6. Update on Highway 25 Corridor Study Request for Proposal process • Andrew WitterNirgil Hawkins Does Addition of Becker and Becker Township change the scope and cost of the study? 7. Transportation and related Economic Development or Land Use Updates • Sherburne County 0 Big Lake • Big Lake Township (Fiscal Agent) • Becker • Becker Township • Wright County • Monticello ■ Monticello Downtown Land use Study ■ State Highway 25/7th Street 8. Report on contacts with Tom Emmer and staff • Full report on formation and goals of the Coalition provided to Tom Emmer staff. Transportation planning and construction funding resources to be explored. 9. Web presence update 10. Other 11. Adjourn Meeting Minutes Highway 25 Coalition September 29th, 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, John Bogart; Andrew Witter; Wright County — Mike Potter and Chad Hausmann (for Virgil Hawkins); City of Big Lake — RaeAnne Danielowski; City of Becker — Mayor Jerome (Lefty) Kleis, Rick Hendrickson, Tracy Bertram, and Greg Pruszinske; and City of Monticello — Jeff O'Neill and Jennifer Schreiber Also Present: State Representatives Jim Newberger, Marion O'Neill and Nick Zerwas; State Senators Mary Kiffineyer and Bruce Anderson; MnDOT Representative Claudia Dumont; and Tim Hennagir — Monticello Times 1. Call to order Vice Chairman Danielowski called the meeting to order. 2. Consideration of approval of meeting minutes of meeting held August 26, 2016 Motion made by RaeAnne Danielowski and seconded by Mike Potter to approve the minutes as presented. Motion passed unanimously. 3. Consideration of acknowledging request from the City of Becker to join the collation and considerations of drafting amendments to the JPA as required for accepting new member(s). Bob Hofer made a motion to acknowledge the request from the City of Becker to join the Coalition and direct staff to prepare an amendment to the JPA that would enable the addition of new members. Andrew seconded the motion. Motion passed unanimously. The Becker Township representative present indicated interest in joining the coalition, however Becker Township has not formally acted on the idea. Mike Potter noted that the majority of members are situated on the East side of the Mississippi River. The current language requires a supermajority for vote to pass which means that t at least one of the members on the West side of the River needs to vote in favor for a vote to pass. The new language allowing for two new members (Becker/Becker Township) should be set up to maintain this requirement. 4. Introduction to Information on Coalition Jeff O'Neill presented an overview of the Coalition and provided the group with some history on the need for such a group. Claudia Dumont responded to conversation on potential funding for a river crossing. 5. Individual testimony on the importance of a free flowing corridor between Highway 10 and 1-94. Economic Development, public safety, community interaction, etc. Each of the member organizations gave a brief overview of the importance of the Coalition to their associated jurisdiction. Representative' present expressed appreciation for being invited to the meeting to learn more about the Highway 25 Coalition. The importance of establishing a coordinated plan that the region can support was discussed. It was noted by Senator Kiffineyer that decisions regarding project funding are more likely to gravitate to areas where credible studies have occurred and to areas where local units of government are working together. She went on to say that the Coalition is on the right track. There being no further discussion meeting ended at 8:30 a.m. 2 Meeting Minutes Highway 25 Coalition August 26th 2016 7:30 AM Monticello City Hall Members Present - Big Lake Township - Bob Hofer, Larry Alfords, Sherburne County - Dan Webber, Steve Taylor, Ewald Petersen, Andrew Witter, Wright County — Mike Potter, Virgil Hawkins, City of Big Lake — Rae Anne Danielowski, City of Monticello — Brian Stumpf, Jeff O'Neill, Jennifer Schreiber Also Present: MNDOT — Claudia Dumont, City of Becker — Greg Greg Pruszinske, Marie Pflipsen 1. Call to order Brian Stumpf called the meeting to order at 7:30 AM 2. Introductions — Welcome to Andrew Witter, Sherburne County Engineer. This is his first time attending having recently been appointed Sherburne County Engineer. Greg Purszinkse and Marie Pflipsen were present to express City of Becker's interest in joining the Coalition. They asked for information on the process for becoming a member. After discussion it was determined that the City of Becker should pass a resolution expressing interest in joining the Coalition for subsequent consideration by the Coalition at an upcoming meeting. 3. Consideration of approval of meeting minutes of meeting held July 29, 2016 After discussion, motion by Larry Alfords and seconded by Rae Ann Danielowski to approve the July 29, 2016 meeting minutes as presented. Motion carried unanimously. 4. Status of development of the Traffic Study Request for Proposal. Virgil Hawkins reported that he and Andrew Witter will be getting together fairly soon to begin preparation of a preliminary scope of service for future review by the Coalition. 5. Dan Webber will provide an update on application for grant funds from BNSF to assist in funding transportation study. Dan Webber reported that he has submitted a request to BNSF for assistance in funding a portion of the cost of the upcoming traffic study. 6. Review information packet from David Turch and Associates Pertaining to Government Relations Support for the Highway 25 Coalition. Steve Taylor made reference to the information packet provided by David Turch and Associates which outline a proposal for providing consultant and lobbying service for the Coalition. Taylor noted that Turch and Associates believes in the importance of creating, forming and establishing long term relationships with representatives and highway funding decision makers at the Federal and State level. He noted that Turch and Associates believes it takes some time to nurture the relationship. The group discussed bringing on a lobbyist at this point prior to completion of studies and associated recommendations. The benefit of bringing in a lobbyist early was noted but it was the consensus to wait until Coalition planning initiatives are further along. It was the consensus of the group that the timing for hiring a lobbyist should relate to the pace in which the study and associated recommendations are available. Claudia Dumont noted that in advance of hiring a consultant, staff and MNDOT resources can be effective in raising the awareness of the purpose and activity of the organization. Greg Purszinkse suggested that the group consider sending representatives to Washington DC to visit our congressional delegation at some point in the future. 7. Consideration of inviting our respective State Legislators to the next meeting for the purpose of introducing them to the need, structure and purpose of the group. After discussion motion by Mike Potter and seconded by Rae Ann Danielowski to utilize the next regular meeting as an opportunity to describe the purpose and goals of the coalition to our area State representatives in an informal breakfast setting. Motion carried unanimously. Dan Webber noted that he will put together a pamphlet communicating the vision, purpose and work plan of the Coalition. O'Neill stated that he would organize the breakfast. 8. Monticello/Wright County - Highway 25/7th street — will be rebid for spring 2017 Construction. An update was provided by Brian Stumpf 9. Sherburne County Transportation topics of interest. No news on development of the intermodal hub in Big Lake City/Township Greg Pruszinske reviewed the importance of good transportation to I-94 for Becker given plans for early decommissioning of coal plants. 10. I94 Coalition information and update — other legislative updates Strike - It was noted by Claudia Dumont that plans are complete and the project is shovel ready for construction next spring. Project timing depends on construction funding. A progress report on I-94 project was provided by Claudia Dumont. 11. Report on conflicts with Claudia Dumont's schedule. Claudia Dumont mentioned to me that she is unable to attend Coalition meetings on a regular basis due to a conflict with other meeting commitments. However, she is very interested in staying apprised of the group's activities and respectfully requests that the group consider adjusting the regular meeting date. 12. Adjourn There being no further discussion, meeting adjourned. 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