HomeMy WebLinkAbout10E - JPA for Membership in the Suburban Transit Association
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
APRIL 20, 2009
10E
JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE JOINT
POWERS AGREEMENT FOR MEMBERSHIP IN THE SUBURBAN TRANSIT
ASSOCIATION
Introduction
The purpose of this agenda item is to adopt a resolution approving the Joint
Powers Agreement (JPA) for membership in the Suburban Transit Association.
Historv
The Suburban Transit Association (ST A) was founded in 1995 to bring together
the eleven suburban communities in the Twin Cities that "opted out" of the
traditional Metropolitan transit system. The purpose of the STA is to jointly and
cooperatively develop programs of mutual interest that would benefit all of the
communities. The current members of the STA include Maple Grove Transit,
Minnesota Valley Transit, Plymouth Metrolink, Shakopee Transit and Southwest
Transit.
Current Circumstances
As a result of the funding challenges to operate transit systems, more and more
issues are being addressed at the State legislature and at the Metropolitan
Council. As an "opt-out" provider, the Prior Lake Laker Lines is separate from
Metropolitan Transit, but our funding is still funneled through the Metropolitan
Council. The vehicles in our fleet are owned by Metropolitan Transit, and leased
to the City.
As individual entities, the opt-out providers are relatively small, especially
compared to Metro Transit. The ST A was formed to allow the individual
communities to cooperatively work together and address issues of mutual
interest to all, and to give the opt-outs a larger presence. The major focus of the
STA is currently on legislative issues and on working with through issues with the
Metropolitan Council.
Becoming a member of the STA will require the City Council to adopt the Joint
Powers Agreement (see attached). This agreement has been reviewed by the
City Attorney.
The JPA requires the City Council to appoint a council member and an alternate
to serve on the Board. The alternate can be a staff person, and may also vote in
the Board member's absence. The STA board usually meets twice a year. In
the interim, the staff for the various transit providers meets more often as a
technical committee.
www.cityofpriorlake.com
Phc;me ?52A47.9800 I Fax 952.447.4245
The JPA also establishes a dues structure, based on the most recent
Metropolitan Council population estimate. As the smallest member city, Prior
Lake's share is $2,874.00 (22,111 x 0.13). The dues were actually decreased by
3 cents per capita this year. The budget and dues structure are attached for
your information.
ISSUES:
The City may choose not to participate in the association and continue to work
with the State Legislature and the Metropolitan Council on our own. However, in
the current economic climate, I believe we will have a greater voice as part of the
larger group. The current transit budget includes the dues for the Suburban
Transit Association.
FINANCIAL
IMPACT:
The initial financial impact in this involvement is $2,874.00. These funds will be
taken from the Transit Services Fund (#603-49804). The Finance Director has
reviewed the proposed amount and verified that the funding source is available.
ALTERNATIVES:
1. Adopt a resolution approving the Suburban Transit Association Joint Powers
Agreement and adopt a resolution appointing a representative to serve on
the Board and an alternate representative.
2. Other action as directed by Council.
RECOMMENDED
MOTION:
Alternative #1. This action requires the following motions:
1. A motion and second to adopt a resolution approving the Suburban Transit
Association Joint Powers Agreement
2. A motion and second to adopt a resolution appointing a representative to
serve on the Suburban Transit Association and an alternate representative.
ReVi(;Z ~
FranK BoYles:--Chy Manager
A RESOLUTION APPROVING THE SUBURBAN TRANSIT ASSOCIATION JOINT POWERS
AGREEMENT
Motion By:
Second By:
WHEREAS, The purpose of the Suburban Transit Association is to jointly and cooperatively develop
programs of mutual interest that would benefit all of the communities. ; and
WHEREAS, As a result of the funding challenges to operate transit systems, more and more issues
are being addressed at the State legislature and at the Metropolitan Council.; and
WHEREAS The STA was formed to allow the individual communities to cooperatively work together
and address issues of mutual interest to all, and to give the opt-outs a larger presence;
and
WHEREAS, The City Council wishes to join the Suburban Transit Association in order to
collaboratively address these issues and concerns; and
WHEREAS, The Joint Powers Agreement establishing the Suburban Transit Association has been
reviewed and approved by the City Attorney; and
WHEREAS, The City of Prior Lake's initial investment in the coalition membership is $2,874.00.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are authorized to execute the US Highway 169 Corridor Coalition
Joint Powers Agreement.
3. The City shall pay dues of $2,874.00 to the STA. The funding source for this contribution shall be
as follows:
o Transit Services Account # 603-49804-314 ($2,874.00)
PASSED AND ADOPTED THIS 20TH DAY OF APRIL, 2009.
YES
NO
Haugen
Erickson
Hedberg
LeMair
Millar
Haugen
Erickson
Hedberg
LeMair
Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
A RESOLUTION APPOINTING A REPRESENTATIVE AND AN ALTERNATE TO THE SUBURBAN
TRANSIT ASSOCIATION
Motion By:
Second By:
WHEREAS, The purpose of the Suburban Transit Association is to jointly and cooperatively develop
programs of mutual interest that would benefit all of the communities. ; and
WHEREAS, As a result of the funding challenges to operate transit systems, more and more issues
are being addressed at the State legislature and at the Metropolitan Council.; and
WHEREAS The STA was formed to allow the individual communities to cooperatively work together
and address issues of mutual interest to all, and to give the opt-outs a larger presence;
and
WHEREAS, The City Council wishes to join the Suburban Transit Association in order to
collaboratively address these issues and concerns; and
WHEREAS, The Joint Powers Agreement establishing the Suburban Transit Association requires
the City Council appoint, by resolution, one representative and an alternate to serve on
the Suburban Transit Association Board.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council appoints Councilor as the representative to serve on the
Suburban Transit Association Board.
3. The City Council appoints the Director of Building and Transportation Services to serve as the
alternate representative on the Suburban Transit Association.
PASSED AND ADOPTED THIS 20TH DAY OF APRIL, 2009.
YES
NO
I Haugen
I Erickson
Hedberg
LeMair
Millar
Haugen
Erickson
Hedberg
LeMair
Millar
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
November, 1995
Amended February, 1997
Amended March, 1998
Amended January, 2000
Amended July, 2002
JOINT AND COOPERATIVE AGREEMENT
PRELIMINARY STATEMENT
The Parties to this Agreement are governmental units of the State of Minnesota. Minnesota
Statute ~471.59 permits two 01' more sub-units, by agreement of theil' governing bodies, to jointly
and cooperatively exercise any power common to each of them.
Pursuant to statutory
authorization. the Parties to this Agreement have chosen to execute a joint powers agreement
providing, in essence. for the development of programs on matters of mutual concern and interests
l'elating to transportation and transit issues.
ARTICLE 1.
GENERAL PURPOSE
The primary purpose of this Agreement is for the member municipalities and affiliate members,
such as transit commissions or associations previously created by a joint powers agreement, to
jointly and cooperatively develop programs on matters of mutual concern and interest, relating to
transportation and transit issues, and identify, l'eview, and to actively oppose proposals which may
be in conflict with the intel'ests of the members.
The organization formed pursuant to this Agreement will be funded by member municipalities'
contributions to be used for the retention of professional assistance, information preparation and
dissemination, research, and other activities that may from time to time be authorized by the
membership.
ARTICLE 2.
NAME
The Parties hereto agree to establish an organization to be known as the Suburban Transit
Association to cany out the objectives of this Agreement.
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ARTICLE 3.
DEFINITION OF TERMS
For the purpose of this Agreement, the terms defined in this Article shall have the
meanings given them by this Article.
3.1) "Board" means the govel'ning body ofthe Association.
3.2) "Association" means the organization created pursuant to this Agreement.
3.3) "Authority" means the goveming body of a Party.
3.4) "Board Members" means the persons appointed pursuant to
this Agreement to serve as Members of the Board.
3.5) "Party" means a municipality which has entered into this Agreement.
3.6) "Affiliate Member" means an organization, commission,
association or municipality which has entered into this
Agreement, but does not have the same voting rights and
privileges as a Party.
ARTICLE 4.
ADDITIONAL PARTIES
Any other organization, commission, association or municipality may become a Party or
Affiliate Member upon approval by a majority of the then Parties and upon full payment of
the annual dues.
ARTICLE 5.
EFFECTIVE DATE
A municipality shall enter into this Agreement by duly executing a copy of this Agreement
and by filing such copy, together with a certified copy of the authorizing resolution, with
the Association Chair. This Agreement shall become effective upon approval by at least
two (2) Parties, 01' on October 1, 1995, whichever is sooner.
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ARTICLE 6.
POWERS AND DUTIES OF THE ASSOCIATION
The powers and duties of the Association shall include the powers set forth in this article.
6.1) It may establish legislative programs embodying proposed
legislation and positions on proposed legislation.
6.2) It may take such action as it deems necessary and appropriate
to accomplish the general purposes of this Association.
6.3) It may consult with persons knowledgeable in the legislative
process and persons having a special interest therein, such as
legislators, research organizations, educational institutions,
othel' political subdivisions, municipal organizations,
regulatory organizations technical experts, and any other
persons who can provide pertinent information concerning
legislation of interest to the Association.
6.4) It may provide for the prosecution, defense, or other
participation in actions or proceedings at law in which it may
have an interest, and may employ counsel for that pm'pose.
6.5) It may conduct such research and investigation and take such
action as it deems necessary, including participation and
appearance in proceedings of any metropolitan, state, federal,
regulatory, or legislative or administrative bodies, on any
proposed or existing law, bill, or recommendation related to or
affecting any or all members.
6.6) It may enter into any contracts deemed necessary by the Board
to carry out its powers and duties, subject to the provisions of
this Agreement.
6.7) It lllay contract with any of the Pal'ties or others to provide
space, services, or materials on its behalf. Any contracts let or
purchases made shall conform to the requirements applicable
to Minnesota statutory cities.
6.8) It may accept gifts, apply for grants, enter into agreements
required in connection thel'ewith and hold, use and dispose of
money or property l'eceived as a gift or grant in accordance
with the terms thereof.
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6.9) It shall cause an annual audit of the books of the Association to
be made by an independent auditor, or an independent auditor
of a member city, whichever the Board determines. It shall
make an annual financial accounting and report in writing to
the Parties. Its books and records shall be available for and
open to the examination by the Parties at all reasonable times.
It shall establish the annual budget for the Association as
provided in this Agreement.
6.10) It may establish and delegate authOl'ity to a Committee(s)
between Association meetings. Such delegation of authority
shall be by resolution of the Board and may be reconditioned in
such manner as the Board may determine.
6.11) It may exercise any other power necessary and incidental to
the implementation ofits powers and duties.
ARTICLE 7.
BOARD OF MEMBERS
7.1) The governing body of the Association shall be its Board of
Members. Each Party shall be entitled to one Board Member.
Each Board Member shall have one (1) vote. The Authority of
each Party shall appoint its one (1) Board Member.
Appointments by the Authority shall serve on a transit
commission or a city council that acts as a transit commission
or an appointee of a city council that acts as a transit
commission. Board Members shall serve without compensation
from the Association.
7.2) Proxy voting by a Board Member's designee shall be permitted.
7.3) Each Board Member shall serve until that Board Member's
successor is appointed and assumes his or her responsibilities.
Board Members shall sel've at the pleasure of the Party
appointing them. When a Party appoints a Board Member, it
shall give notice of such appointment to the Association's
SecretaryfI'reasurer. Such notice shall include the mailing
address of the person so appointed. The names and addresses
shown on such notices may be used as the official names and
addresses for the purposes of giving notices of any meetings of
the Association.
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7.4) A simple majority of the Board of Members shall constitute a quorum
of the Board.
7.5) A vacancy on the Board shall be filled by the Authority of the
Party whose position on the Board is vacant.
ARTICLE 8
MEETINGS
8.1) The Association shall call at least two meetings pel' year,
including an annual organizational meeting in January.
8.2) The Board shall adopt Bylaws governing its procedures,
including the time, place, and frequency of its regular
meetings. Such Bylaws may be amended from time to time.
8.3) Special meetings of the Board may be called (a) by the Chair or
(b) by the Board upon written request of the majority of the
Board Members. Three (3) days' written notice of special
meetings shall be given to the Board Members. Such notice
shall include the agenda for the special meeting. Only matters
set forth in the agenda shall be considered at a special
meeting.
8.4) Notice of regular meetings of the Board shall be given to the
Board Members by the Secretaryfl'reasUl'er at least seven (7)
days in advance and the agenda for such meetings shall
accompany the notice. However, business at regular meetings
of the Board need not be limited to matters set forth in the
agenda.
ARTICLE 9.
OFFICERS
9.1) Number, Election, Qualifications. The officers of the
Association shall consist of a Chair, Vice Chair and a
SecretarylTreasurer. Each officer shall be elected by the Board
to a two-year term at the annual meeting occurring in an odd-
numbered year. All officel's shall hold office until the next
election of officers and until his/her successor shall have been
elected and have qualified or until hislher earlier
disqualification, death, resignation, or removal. All officers
shall be Board Members. New officers shall take office at the
adjournment of the annual meeting of the Association at which
they were elected. Not more than one Board Member of a
Party shall be elected an officer during the same term. Any
officer who ceases to be a Board Member shall at the same
time cease to be an officer. If re-elected, officers may serve for
more than one term.
9.2) Resignation - Any officer of the Association may resign at any
time by giving written notice of his/her resignation to the
Board, to the Chair, or to the Secretaryffreasurer of this
Association. The resignation shall take effect at the time, if
any, specified therein or, if no time is specified therein, upon
receipt thereof by said Board Chair, 01' to the
Secretaryffreasurer. The acceptance of a resignation shall not
be necessary to make it effective.
9.3) Removal - Any officer may be removed, with or without cause,
by a vote offour-fifths (4/5) of the total number of Board
Members, at any meeting of the Board, provided that such
purpose is stated in the notice or waiver of notice of the
meeting unless all of the Board Members of this Association
are present at the meeting.
9.4) Vacancies. A vacancy in any office because of disqualification,
death, resignation, or removal shall be filled for the unexpired
portion of the term by a majority vote of the Board at the first
meeting of the Board following the vacancy.
9.5) Chair; Vice Chair. The Chair shall preside at all meetings of
the Association and shall perform all duties incident to the
office of Chair and such other duties as may be delegated by
the Association. The Vice Chair shall act as Chair in the
absence of the Chair.
9.6) Secretaryffreasllrel' - The Secretaryffreasurer shall be
responsible for keeping a record of all of the proceedings of the
Association. The SecretarylTreasurer shall send written notice
and material pertaining to agenda items to each Board
Member. He/She shall have custody of the Association's funds,
shall pay its bills, and keep its financial recOl'ds, and generally
conduct the financial affairs of the Association. The
Secretaryffreasurer shall be responsible for such other
matters as shall be delegated to him/her by the Association.
Orders, checks, and drafts of the Association shall be issued in
accordance with the financial practices applicable to the
member city from which the Secretaryffreasurer is elected. In
conducting the Association's financial affairs, the
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Secretaryfrreasurer shall, at all times, act in accordance with
general accepted accounting principles. The
SecretaryfI'reasurer's reports, including any bills or claims to
be acted upon by the Association, shall be distributed to all
Board Membel's. Any persons lllay be engaged to perform such
services under the Secl'etarylTreasurer's supervision and
direction, when authorized by the Association.
9.7) Other officers. The Association may appoint such other
officers as it deems necessary. All such officers shall be Board
Members.
9.8) Committees - The Association may appoint such committees as
it deems necessary or desirable to accomplish its purposes.
9.9) Legislative Committee - The Association shall establish a
Legislative Committee and designate the number of members.
Membel'ship to the Legislative Committee shall be appointed
by a transit commission or a city council that acts as a transit
COmnllSSlOn.
9.10) Executive Committee - The Association shall establish an
Executive Committee comprised of the Chair, Vice Chair and
SecretarylTreasurer. The Executive Committee may perform
necessary functions of the Board at such times the Board is
unable to convene. Attendance by all three members shall
constitute a quorum of the Executive Committee.
ARTICLE 10.
FINANCIAL MATTERS
10.1) Association funds may be expended by the Board in accordance
with the procedures established by law for the expenditure of
funds by Minnesota statutory cities. Legal instruments, except
checks, which may be executed by the SecretarylTreasurer
with another signature from the City Manager/Administrator
or the financial officer of the SecretarylTreasurer's member
city, shall be executed with authority of the Board, by any two
(2) officers.
10.2) The financial contributions in support of the Association shall
be per capita based upon the most recent Metropolitan Council
population estimates of each municipality governed by the
Authorities. Payment of an amount to be determined by the
Board annually at its October meeting shall be made to the
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Association by January 15 of the subsequent year. The Board
may establish a maximum amount of dues paid on behalf of
individual municipalities. These amounts may be used by the
Association to pay all legal and consultant costs and expenses
and other expenses as approved by the Board. The Board may
authorize changes in the pel' capita charge upon majority vote.
10.3) A proposed budget shall be formulated by the Board and
submitted to the Parties and member city councils for review
and comment on or before August 1 of each calendar year.
Final action adopting a budget for the ensuing calendar year
shall be taken by the Board at the October meeting.
10.4) Any Party may inspect and copy the Association books and
records at any and all reasonable times. All books and records
shall be kept in accordance with normal and accepted
accounting procedures and principles used by Minnesota
statutol'y cities.
ARTICLE 11
WITHDRAWAL
11.1) Withdrawal - Any Party or Mfiliate Member may withdraw
from this Agreement effective on December 31 of any year by
giving notice pursuant to Section 2 of this Article prior to
September 15.
11.2) Notice - In order to effectuate a withdrawal, a Party or
Affiliate Member withdrawing from the Association shall give
written notice to the Chair of the Association, served
personally on the Chair or addressed to the Chair at the
address shown on the recOl'ds of the Association, and by giving
with such notice, a copy of a resolution of its Council stating its
decision to withdraw from the Association. The withdrawal
shall be effective upon actual receipt by the Chair and each
officer of such notice and resolutioll. The withdrawing Party
shall have the responsibility for such actual receipt by the
Chair and each officer. UPOll receipt of such notice and
resolution, the Chair of the Association shall forward a copy of
the notice and resolution to each Board Member.
11.3) Financial Effect of Withdrawal- No financial benefit shall inure to a Party or
Affiliate Member that withdraws from this Association nor shall there be any
reimbursement for any contribution made 01' required of the withdrawn
Party by this Agreement.
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ARTICLE 12
AMENDMENTS
12.1) Proposed Amendments - The Board may propose amendments to this
Agreement by a vote of two-thirds (2/3) ofthe numbel' of Parties at any
meeting of the Board, provided that such purpose is stated in the notice of
the meeting and the proposed amendment is provided in writing to all Board
Members at least seven (7) days in advance of the meeting.
12.2) A two-thirds vote of the Member municipalities shall be necessary to adopt
any proposed amendment to this Agreement.
ARTICLE 13.
DISSOLUTION
13.1) Duration of Association - The Association shall be dissolved if
less than two (2) Parties remain, or by operation of state or
federal law or l'egulation, now or hereafter enacted, or by
mutual signed agreement of all of the Parties.
13.2) Distribution of Assets - Upon dissolution of the Association, all
remaining assets of the Association, after payment of all
obligations, shall be distributed among the Parties that are
Parties to the Agreement at the time of dissolution, in
proportion to their contributions and in accordance with
proced'ures established by the Association. The Association
shall continue to exist after dissolution for such period, no
longer than six (6) months, as is necessary to wind up its
affairs, but for no other purposes.
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IN WITNESS WHEREOF, The municipality of
caused the Agreement to be signed on its behalf this
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8685_1
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has
day of
By:
By:
...a~_~._---___a_aa
SUBURBAN ASSOCIATION 200Tf DUES AND BUDGET OPTIONS
2009 Proposed Dues 2009 Proposed Dues
2008 Budget Option A Option B
(Actual) (.16 per capita, $9,500 cap) (.13 per capita, $9,500 cap)
REVENUES:
Member Dues $74,601.00 $78,943.00 $67,302.00
Interest $704.36 $700.00 $700.00
LMC Dividend $19.00 $19.00 $19.00
Total Revenues: $75,324.36 $79,662.00 $68,021.00
EXPENSES:
Legislative Consulting Fee $76,350.00 $76,350.00 $76,350.00
Annual Audit $0.00 $750.00 $750.00
I nsurance Coverage $1,187.00 $1,187.00 $1,187.00
Other Expenses $0.00 $0.00 $0.00
Total Expenses: $77,537.00 $78,287.00 $78,287.00
Total Revenues Less Expenses: -$2,212.64 $1,375.00 -$10,266.00
Fund Balance Carry Forward: $29,981.18 $27,768.54 $27,768.54
Total Fund Balance $27,768.54 $29,143.54 $17,502.54
Policy of maintaining minimum fund balance of one month's dues of two capped cities (i.e. - $17,000 - $19,000)
· Indicates existing dues structure.
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OPTION B
SUBURBAN TRANSIT ASSOCIATION
2009 PROPOSED DUES
BASED ON ESTIMATED TRANSIT SERVICE POPULATION
$.13 PER CAPITA
WITH A MAXIMUM DUES AMOUNT PER MEMBER CITY OF EACH TRANSIT SERVICE OF $9,500
)1 TRANSIT SERVICE
TRANSIT SERVICE
MEMBER POPULATION
CITY/CITIES
Apple Valley 49,456
8urnsvHle 61,393
Eagan 67,106
Rosemount 20,917
Savage 25,293
Total MVT A 224, 1~5
Maple Grove 59,458
Plymouth 711147
Prior Lake 22,111
Shako pee 32,567
MVTA
I Maple Grove Transit
, Plymouth Transit
Prior Lake Laker Lines
I Shakopee Transit
I SMTC Eden Prairie 62,090
Chaska 23,775
Chanhassen 22,395
Total SMTC 108,260
I TOTAL STA POPULATION INCLUDING PRIOR LAKE - 517,708
I (TOTAL 5T A POPULATION EXCLUDING PRIOR ~~KE- 49~:_597)
PER CAPITA-DUES TOTAL DUES
.13 $6,429
.13 $7,981
.13 $8,724
.13 $2,719
.13 $3,288
.13 $29,141
.13 $7,730 ,
.13 $9,249
.13 $2,874 Ii
.13 $4,234 I
.13 $8,072 j
.13 $3,091 .1
.13 $2,911
.13 $14,074
TOTAL including Prior Lake $67,302
TOTAL excluding Prior Lake ($64,428)
"Population data based on 4/01/2007 Metropolitan Council estimates.
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