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HomeMy WebLinkAbout4C - MVTA AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: ISSUES: 4C Assistant City Manager Blair Tremere Consider Approval of Joint and Cooperative Agreement with Suburban Transit Association October 31, 1995 for November 6 Council Meeting The City is a member of the Minnesota Valley Transit Authority (MVT A) which has recently acted to join other transit authorities and communities in the Suburban Transit Association as an affiliate member. The MVTA recommends that the communities who comprise the MVT A join the association as regular or "full" members by adopting resolutions such as the attached draft prepared by City staff. The resolution designates Councilmember Kedrowski, who is the MVT A representative, as the representative; I would be the alternate representative as I am for the MVT A. The City has been a member of the MVT A for several years. As a so-called "opt-out" community, Prior Lake and others have sought to provide for mass transit by means other than through the metropolitan council-directed agency (MCTO). The MVTA has actively pursued various means to preserve the opt-out status for the member communities and to provide "local" mass transit services within its jurisdiction. The purpose and structure of the Association is described in the enclosed material. The Association is designed to further bolster the interests of the communities which have opted to provide local transit services in lieu of dependency upon the Metropolitan system. The purpose is to cooperatively address and support the transit- related issues that are of mutual interest to all the opt-out communities and organizations. The City would be a full party to the Agreement; the MVTA and the Southwest Metro Transit Commission would be affiliate members. The City's financial support would be assumed by the MVT A. 16~~e Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: 1. Adopt the attached resolution authorizing execution of the Joint Powers Agreement authorizing City membership in the Suburban Transit Association. 2. Defer action with direction to Staff for more information. 3. Elect to not join the Association as proposed. RECOMMENDATION: Staff recommends Alternative No. 1 based upon discussions with the MVT A staff and with Councilmember Kedrowski, and upon review of the draft agreement. FINANCIAL IMPACT: None: the City's membership fees are assumed by the MVTA. ACTION REQUIRED: Adopt the Resolution authorizing the Mayor and City Manager to execute the Agreement, enabling Prior Lake's participation in the burban Transit Association. agnl106c.doc MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, RESOLUTION 95-116 RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT WITH SUBURBAN TRANSIT ASSOCIATION SECOND BY: Minnesota Statutes Section 471.59 permits two or more governmental entities, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them; and the City has an agreement with the Minnesota Valley Transit Authority (MVTA); and, MVT A has acted to join the Suburban Transit Association as an affiliate member and to enter into the Joint and Cooperative Agreement to develop programs on matters of mutual concern and interest and identify, review and actively oppose proposal which may be in conflict with the Interest of the members; and, The Suburban Transit Association is formed for the member municipalities and affiliate members to jointly and cooperatively develop programs on matters of mutual concern and interest, and identify, review, and to actively oppose proposals which may be in conflict with the interest of members; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that 1. The City of Prior Lake should join the Suburban Transit Association, recognizing that the membership dues will be assumed by the MVT A; 2. The Mayor and City Manager are hereby authorized and directed to execute the Joint and Cooperative Agreement for the Suburban Transit Association attached hereto; 3. Councilmember Tom Kedrowski is hereby appointed the representative and Assistant City Manager Blair Tremere the alternate representative of the City to the Suburban Transit Association. Passed and adopted this { Seal} day of , 1995. YES NO Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott City Manager City of Prior Lake RES9SI16.DOC 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Burnsville Transit Station 100 East Highway 13 · Burnsville, MN 55337 Ph. (612) 882-7500. Fax: (612) 882-7600 E-....., . / \ .: ;/ I TO: MVTA Area City Managers FROM: Robin Selvig, MVT A RE: Opt-out Association DATE: October 13, 1995 At its September 27th Board Meeting, the MVT A Board of Directors adopted a resolution joining the Suburban Transit Association. Board members were asked to follow through with their local city councils regarding the City's participation. The Suburban Transit Association is a cooperative association among and between the opt-out member cities of MVTA, SWMTC, Plymouth and Shakopee. (At this time, Maple Grove has not expressed an interest in being part of the association.) The purpose of the association is to cooperatively address the transit-related issues that are of mutual interest to all opt-outs and their respective communities. Membership dues would be passed through the MVT A. Enclosed please find a copy of the Joint and Cooperative Agreement for city adoption. If you have any questions, please contact Beverley Miller at the MVT A - 882-7500. Public transportation for Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, Savage 10/31/95 lS-02 e612 882 7600 MINN VALLEY TRAN .4_ CITY PRIOR LAKE [4]003 Date: To: From: Re: September 21, 1995 MVT A Board Beverley Miller Suburban Transit Association On August 23 and 31, 1995 Will Branning, Tom Kedrowski, Sandy Masin, Margaret Schreiner and myself participated in MO planning meetings with opt-out transIt representatives from Plymouth and SWMTC. At this meeting, members revi~wed and accepted a draft Joint Powers Agreement (JP A) developed by opt-out transit staff and Messerli & Kramer. The JP A creates a cooperative association among and between the opt-out memb~r cities of MVfA, SWMTC, Plymouth and Shakopee. (At this time, Maple Grove has not expressed an interest in being part of the aSSOCla ti on). The purpose of the associ~tjon is to cooperatively address the transit related issues that are of mutual interest to all opt-outs and their respective cummunities. Due to policies of the Met Council, Ric Roso\v of Lang, Pauly & Greggerson has advised both MVT A and SWMTC to limit membership to "affiliate members." Affiliate members are non-voting members and pay no dues. .4ttached is a resolution that has been drafted by Rosow which is proposed to be adopted by the 1-1VT i\ Board in order to join the Suburban Transit .A.ssociation (ST A) as an affiliat~ member. Staff recommends that MVT A comrnis~ioners who are ejected city council members seek appointment to the ST A from th~ir respective communities to ensure continuity with transit related issues. A copy of the JP A is enclosed for your information and can be forwarded to MVT A member cities for adoption. Recommendation~ Minnesota Valley Transit Authority adopt the resolution relating to a Suburban Transit Association Joint Powers agreement and fonvard to member cities for adoption by each city_ And that MVf A Board appoint a representative and alternate representative to the Suburban Transit Association. September 30, 1995 JOINT AND COOPERATIVE AGREEMENT PREYMlNARY STATEMENT The Parties to this Agreement arCl i'overnmental units of the State of Minnesota. Minnesota Statute H71.59 permits two or more sub-units, by agreement of their governing bodies, to jointly and cooperati1rely exercise any power common to each of them. Pursuant to statutory authorization, the Parties to this Aereement have chosen to execute a joint powers agreement prOviding, in essence, for the development of programs on matters of mutual concern and interests. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities and affUiate 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, and identify, review, and to actively oppose proposals which may be in conflict with the interests 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 carry out the objectives of this Agreement. 6.2) It may taka such action as it deems ne~essary 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 orianizations,. educational institutions, other political subdivisions, municipal organizations. regulatory organizations technical experts. and any other persons who can provide pertinent information concerning leiislation 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 eilts, apply for grants. enter into agreements required in connection therewith and hold. use and dispose of money or properly received as a aift or grant in accordance with the terms thereof. 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 accountini and report in writing to the Parties. Ita books and records shall be aVailable for a'nd 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 Associa tion meetin8's. Such deleeation 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 ne~essary and incidental to the implementation of its powers and duties. 3 l- meeting. Only matters set forth in the agenda shall be considered at a spacial meeting. 8.4) Notice of reiUlar meetings of the Board shall be given to the Board Members by the Secretarytrreasurer at least seven (7) days in advance and the agenda for such meetinis shall accompany the notice. However, busines8 at regular meetings of the Board need not be limited to matters set forth in the agenda. ARTICLE 9. OFFICERS 9.1) . Number, Election, Qualilications - The officers of the Association shall consist of a Chair, Vice Chair and a SecretarylTreasurer. Each officer shall be elected at the annual meetini by the Board. The Chair and Vice Chair shall hold office until the next annual election of officers and until hislher successor shall have been elected and have qualified or until hislher earlier disqualification, death, resignation, or removal. The Secretarylrreasurer's term shall commence on January 1 of the follOwing year and end on December 31 of that year. All officers shall be Board Members. New officers shall take office at the acljournment of the annual meeting of the Association at which they were elected~ " with the exception of the SecretarylTreasurer who shall take office on the fIrSt day of January of the follOwing year. 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 year. 9.2) Resignation - Any officer of the Association may resign at any time by giving written notice of hiSlher resignation to the Board, to the Chair, or to the Secretarytrreasurer 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) or to the SecretarylTreasurer. 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 of four-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 in the manner prescribed herein for ele,:tion to that office. 5 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 on or before AUiUst 1 of each calendar year. Such budget shall be deemed approved by a Party unless, prior to September 15 of the year involved, the Party gives notice in writing to the Board that it is withdrawing from the Association. Final action adopting a budget for the ensuini calendar year shall be taken by the Board on or before the October organizational 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 izi 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 October 1 of any year by living notice pursuant to Section 2 of this Article prior to July 15 of the preceding year. 11.2) Notice. In order to effectuate a withdrawal, a Party or Affiliate Member withdrawing from the Association shall iive 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 luch 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 Aff~iate Mem.ber that withdraws from this Association nor shall there be any reimbursement for any contribution made or required of the withdrawn Party by this Aireement. 7