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HomeMy WebLinkAbout9B - STA Report . CITY COUNCIL AGENDA REPORT MEETING DATE: April 3, 2000 AGENDA #: 9B PREPARED BY: Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF REPORT REGARDING CITY STATUS WITH RESPECT TO THE SUBURBAN TRANSIT ASSOCIATION (STA). DISCUSSION: History: The City of Prior Lake became a member of the Suburban Transit Association (ST A) in 1995. The purpose of the ST A is to support the legislative interests of the "opt out" transit communities. Mayor Mader, the City's present representative to the Minnesota Valley Transit Authority (MVTA) has expr~~sed some 1onf.e~r)...,.s aqo~.t)h....~ ~ity'S.. ~./~mpers~.,i~ in t~~Qrgl"C1~iz~~. n. "v.#Y~:': \ ct 1:v't..A!..-rUi:: iLi.H : ,A.., n\.t),.\, ,.' ,1.(1<...# . .'(,." (i '. ,<,--~ Current Circumstances: According to the ST A bylaws, which were approved in November 1995, and amended in February 1997, the primary purpose of this joint powers organization is to .....jointly and cooperatively develop programs on matters of mutual concern and interest relating to transportation and transit issues and identify, review and to actively oppose proposals which may be in conflict with the interests of the members." In short, the STA was conceived of as a lobbying organization to seek additional funding for transit capital and operating purposes. Conclusion: The Mayor is uncomfortable with the objective of this organization and is suggesting that the Council either remove Prior Lake from the organization, or replace him as the City's representative. ISSUES: A~I.., Based upon the STA bylaws, each member city may be assessed up to 20c; per i .~~ ri\! < capita based upon the City's population estimate for the preceding year. In the rf)'\l :a!} .~ case of Prior Lake, the 1999 dues amount was $2864. In 2000, the Prior Lake v' \ '1Y . dues are $2937. The STA bylaws state that the following would be necessary to replace the City's representative to the organization or withdraw from the organization altogether: ~ QrY\~ \~S '\ 0 '\ ~\\ To Replace the City's Representative: Resignation of a representative is accomplished by giving written notice to the Board, Chair or Secretary Treasurer of the Association. The resignation is effective upon receipt or at such other time as indicated in the resignation. If the City submitted the name of a new representative, then the vacancy would be filled for the unexpired portion of the term by majority vote of the Board at the first meeting following the vacancy. It appears from the bylaws that the ST A representative must also be the Council's representative to the MVT A, which would mean the Mayor would have to relinquish both positions. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 1:\COUNCIL\AGNRPTS\2000\0402_9B.DOC AN EQUAL OPPORTUNITY EMPLOYER . t~ 0~ " To Withdraw from the STA: Any party may withdraw from the agreement effective December 31 st of any year provided they have given notice prior to September 15th. The notice must be written and tendered to the Chair of the Association in person or by mail. The written notice must be accompanied by a resolution from the City Council stating its decision to withdraw from the Association. The withdrawal shall be effective upon actual receipt by the Chair and each officer of the notice and resolution which is the responsibility of the withdrawing party. The City would not be eligible for reimbursement of any fees paid but unused for calendar year 2000. The Council should determine if it wishes to remain in the STAat least until the end of this year. If so, it would be appropriate to select a City Council representative to serve for the remainder of the year. If the Council wishes to withdraw now, it would be appropriate to direct the City Manager to prepare a letter of withdrawal and adopt the attached resolution both of which would be served as provided by the ST A bylaws. Such action would accomplish immediate cessation of City activity in the ST A. ALTERNATIVES: (1) Elect to remain members of the STA and appoint a new City representative with direction that the staff notify the STAin accordance with the bylaws of that organization. (2) Withdraw from the STA effective 12/31/00 and discontinue any further' participation by adopting the attached Resolution OO-XX and directing the staff to accomplish notification of the withdrawal in accordance with the ST A bylaws. (3) Withdraw from the STA effective 12/31/00 but continue to be represented on the Board until that time. Under this proposal, the Council would approve a replacement City representative and direct that the repol~tion of withdrawal not be served until September. D VL "- ~kL L. ~l I RECOMMENDED MOTION: As determined by the City Council. I:\CQUNCIL \AGNRPTS\2000\0402_9B.DOC RESOLUTION DO-XX A RESOLUTION AUTHORIZING WITHDRAWAL FROM THE SUBURBAN TRANSIT AUTHORITY Motion By: Second By: WHEREAS, the City of Prior Lake is a member of the Suburban Transit Association (STA); and WHEREAS, the City Council of the City of Prior Lake believes that the best interests of the taxpayers of Prior Lake are served by the City's withdrawal from the STA; and WHEREAS, pursuant to ST A bylaws, a City wishing to withdraw may do so upon written notice and adoption of a resolution to that effect; and WHEREAS, the resolution and notice must be tendered to the STAno later than September 15th of the year the City desires to withdraw. Now THEREFORE, be it resolved by the City Council of the City of Prior Lake that notice is hereby given prior to September 15, 2000, pursuant to the bylaws of the Suburban Transit Association, that the City of Prior Lake will withdraw its membership from this organization effective December 31,2000. PASSED AND ADOPTED THIS 3RD DAY OF APRIL, 2000. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Schenck Schenck {Seal} City Manager, City of Prior Lake 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 4D BRET WOODSON, ASSISTANT CITY MANAGER CONSIDER APPROVAL OF RESOLUTION 98-XX APPROVING AMENDED JOINT AND COOPERATIVE AGREEMENT FOR SUBURBAN TRANSIT AUTHORITY (STA) AND APPROVING CITY COUNCIL APPOINTMENT TO THE STA MARCH 2, 1998 The City of Prior Lake is a member of the Suburban Transit Authority (STA) through a Joint and Cooperative Agreement previously approved by the City Council. The group periodically reviews this agreement and makes recommendations for changes where warranted. The STA has recently done this and the proposed amendments are attached to this report. This organization was established in 1995 by several suburban transit authorities including the MVTA, to promote the legislative interests of the "opt-out" communities. Prior Lake is a member by virtue of the MVTA . and the approved Joint and Cooperative Agreement. The STA has recommended amendments to the agreement as outlined in the attached memo from Bob Renner, the attorney who serves as the STA legislative consultant and who provides staff support. The proposed changes to the Joint and Cooperative Agreement include eight' minor changes which are summarized below. These changes are also included on the revised Joint and Cooperative Agreement which is attached to this report. The proposed changes are as follows: . PRELIMINARY STATEMENT - This amendment was requested to clarify that dealing with transit issues is the primary purpose of the STA. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 98-XX RESOLUTION APPROVING AMENDED JOINT AND COOPERATIVE AGREEMENT FOR SUBURBAN TRANSIT AUTHORITY (STA) AND APPROVING CITY COUNCIL APPOINTMENT TO THE STA MOTION BY: SECOND BY: WHEREAS, Minnesota Statutes Section 471.59 permits two or more governmental units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them; and, WHEREAS, the parties have entered into this Joint and Cooperative Agreement to develop programs on matters of mutual concern and interest and identify, review and actively oppose proposals which may be in conflict with the interest of the members; and, WHEREAS, the ST A Board approved and recommended certain changes to the Joint and Cooperative Agreement at their October - 1997 and January - 1998 Board of Directors Meetings; and, WHEREAS, the City of Prior Lake is a member of the STA by virtue of the MVTA and the Joint and Cooperative Agreement; and, WHEREAS, the City of Prior Lake needs to be represented on the Board of the STA by an elected official who serves on the transit authority (MVTA); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that it should, and hereby does approve the proposed amendments to the STA Joint and Cooperative Agreement; and, BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized and directed to execute the Joint and Cooperative Agreement as amended and attached hereto; and, BE IT FURTHER RESOLVED that Councilmember Dave Wuellner, who is the City's representative on the MVTA, be appointed to serve as the City's representative on the STA. 16200 EA~OlalR Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER I I AUTHORIZED ru PR.\CTICE L\W 1:--1 MI~ESOT.\. \'.'15CO~SI~, low.\. SOl,TH D.\Kon. \\'ASHISGTOS D.C. '.."0 COLORADO Messerli & -~-- Kramer ArrORNEY5 .u LAw Mr:-.~EAPOLlS OFFICE l800 FIfTH STREET TOWERS 1;0 SOUTH FIFTH STREET l\tr:-.~BPOLlS. MNNESon ;;402-4218 TEl.EPHONE (612) 6i2-;!iOO F.\CSL\lILE (612) 672->777 professional association LEAGCE OF MINNE50T\ en1f.S BUII.DIS(; SCITF 4;0. 14; U~l\"ERSnY An::o..1.JE WES'I ST. P"L1.. MlS~F_SOT.\;; 103-2044 TELF:PHO:--lE (612) 228-97;7 F.\C51.\IILE (612) 228-97H7 MEMO DATE: February 6, 1998 TO: ST A City Managers FROM: Bob Rermer RE: ST A Joint and Cooperative Agreement Amendments Please find enclosed proposed amendments to the ST A Joint and Cooperative Agreement. Please add this to the agenda at an upcoming city council meeting and ask your councilmembers to approve the amended Agreement. The ST A Board recommended these changes at their October and January Board of Directors meetings. I have attached a resolution for your use in this process. Please return the signed resolution and Joint and Cooperative Agreement to: Jermifer Peterson Messerli & Kramer 145 University Avenue Suite 450 St. Paul, MN 55103 If you have any questions, please call me at 228-9757. 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, other 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 purpose. 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 may contract with any of the Parties 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 therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 3 I , 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 authority 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 of its 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., "",ho ohall be an active Councilor .\uthority membcr. A preference ohould be made Appointments by the Authority to appoint shall council membero who aleo 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. aocociation previollcly created by a joint pO'Nero agreement to cerve on the Board of Membero. 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 serve 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 SecretarylTreasurer. 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 offlcial names and addresses for the purposes of giving notices of any meetings of the Association. 4 Secretary/Treasurer shall be responsible for such other matters as shall be delegated to himlher 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 SecretarylTreasurer is elected. In conducting the Association's financial affairs, the Secretary/Treasurer shall, at all times, actin accordance with general accepted accounting principles. The SecretarylTreasurer's reports, including any bills or claims to be acted upon by the Association, shall be distributed to all Board Members. Any persons may be engaged to perform such services under the SecretarylTreasurer'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. Membership to the Legislative Committee shall be appointed by a transit commission or a city council that acts as a transit commiSSIOn. 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 Secretaryrrreasurer's member city. shall be executed with authority of the Board, by any two (2) officers. 10.2) The financial contributions of the Parties in support of the Association shall be per capita. Each of the Parties shall pay to the Association an amount as determined by the Board at its annual October meeting not to exceed $.20 per capita by January 15 of the subsequent year based upon the most recent Metropolitan Council population estimates. The financial 7 . 1 contributions of Affiliate Members shall be determined by the Board. 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 per capita charge for all members 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 organizational October meeting each year. 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 statutory cities. ARTICLE 11 WITHDRAWAL __ 11.1) Withdrawal - Any Party or Affiliate 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 records 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 resolution. The withdrawing Party shall have the responsibility for such actual receipt by the Chair and each officer. Upon 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 8 IN WITNESS WHEREOF, The municipality of caused the Agreement to be signed on its behalf this 19_. 8685_1 . 10 , day of By: has By: