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03-10-09 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room March 10,2009 6:30 pm 1. Metropolitan Council Environmental Services (MCES) Regional Interceptor Improvements 2. Golden Valley Town Square Landscaping (Winnetka Avenue/Golden Valley Road) 3. 2008 Comprehensive Plan Update 4. U.S. Highway 169 Corridor Coalition Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. Hey Memorand m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting March 10, 2009 Agenda Item 1. Presentation Regarding the Proposed MCES Regional Interceptor Improvements Prepared By Jeannine Clancy, Director of Public Works Summary Representatives from the Metropolitan Council Environmental Services (MCES) will present to the Council information regarding a proposed Golden Valley-St. Louis Park Service Area Regional Interceptor Improvements. MCES staff will review the project timeframe, stakeholder involvement, alternatives reviewed and other project issues. Attachments Existing System Map (1 page) alley Memorandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting March 10, 2009 Agenda Item 2. Golden Valley Town Square Landscaping (Winnetka Avenue/Golden Valley Road) Prepared By Mark Grimes, Director of Planning and Development Summary Rick Martens, representing the Town Square building at the northwest corner of Golden Valley Road and Winnetka Avenue, has requested that the City consider changes to the landscaping adjacent to the shopping center that is located within the right-of-ways for both Golden Valley Road and Winnetka Avenue. The request is made because the owners believe that the existing landscaping that was put in with the reconstruction of Winnetka Avenue has become overgrown to a point that it minimizes the visibility of the Town Square building and signs from the street. Also, the owners believe that a better selection of plant materials would enhance the corner, including the arbor area owned by the City. Town Square has proposed taking out much of the existing plant material and replacing it with lower maintenance materials. Also, Town Square has stated that they would take over the maintenance of the area once the new materials are installed, freeing up City staff. Town Square has hired Timberland Outdoor Services, Inc. to prepare a revised landscape plan for the area in front of Town Square. The proposal is outlined in the attached letter dated January 15, 2009 from Shasta Frandrup of Timberland to Golden Valley Town Square. Both Mr. Martens and Mr. Frandrup will be at the March 10 meeting to discuss the proposal. Staff has reviewed the plans and sees merit in its consideration by the City Council. The staff wants to emphasize that the plan does remove several trees as indicated on the plan and in the photos. Also, if this work is done, Town Square would be required to repair the existing irrigation system along Winnetka Avenue. The City would also have to enter into a maintenance agreement with Town Square to allow them to work within the right-of way. They would also have to obtain all necessary permits from the City and County to gain access to the right-of-way. Attachments Letter with attachments from Timberland Outdoor Services to Golden Valley Town Square dated January 15, 2009 (6 pages) Recommended Action Staff seeks direction from the City Council whether or not to enter into detailed discussion with Town Square regarding an agreement to revise the landscaping along Winnetka Avenue and Golden Valley Road. l'm~l!md 1/15/2009 Golden V alley Town Square C/O Balderson Properties 810 North Lilac #213 Golden Valley, MN 55422 Dear Cindy Balderson: We are pleased to present our proposal for landscaping updates at Golden Valley Town Square. Due to time and the lack of city resources for maintenance the landscape on the NW corner of Winnetka and Golden Valley Road has become overgrown and un-maintained and now reflects poorly upon and blocks the visibility of Golden Valley Town Square Center. This project will update the current landscape of the NW corner of Winnetka and Golden Valley Road, with an eco- friendly, low maintenance landscape that will improve the look of the corner and lower maintenance costs for the city. This proposal includes three phases to update the current landscape. Phase 1: Comer Landscape - NW Corner of Winnetka and Golden Valley Road Project Goal: To gain visibility to the retail complex by responsibly updating the corner landscape. Project Summary: The landscape on NW corner of Winnetka and Golden Valley Road has not received the maintenance needed over the past several years. Due to the neglect, this landscape is now overgrown and blocks the visibility of the retail center and needs to be replaced. This project will update the old landscape that currendy blocks the visibility of Golden Valley Town Square with a new eco-friendly, low maintenance landscape. Maintenance: After installation, the management of Golden Valley Town Square intends to assume responsibility of the minimal maintenance required for this corner. Maintenance shall include: . Perennial Replacements - as needed . Perennial Maintenance - spring and/or fall cutting . Mulch Rejuvenation and/or Addition Benefits: . Enhanced Visibility to Retail Complex . Improved Eco-Friendly, Salt Tolerant Perennial Landscape . Reduce Maintenance Costs for the City . Enhance Aesthetic Appeal of Corner Phase 2: Circular Planters - Winnetka and Golden Valley Road Project Goal: To update current planter and reduce city maintenance costs. Project Summary: Due to the lack of maintenance over the last several years the circular planters on the corners of Winnetka and Golden Valley Road are now overgrown and 810 North Lilac Drive, Suite 201 Golden Valley, MN 55422 Phone - 612.730.4030. Fax - 612.730.1815 www.timberlandoutdoorservices.com Jm~d~d Golden Valley Town Square unsightly. TIlls project intends to update these planters with a new look that compliments the area and helps to reduce maintenance cost for the City of Golden Valley. The project will include a trumpet vine climbing a new metal obelisk, low growing junipers encircled by a bed of daylilies. Maintenance: After installation, the management of Golden Valley Town Square intends to assume responsibility of the minimal maintenance required for NW corner. Maintenance shall include: . Perennial Replacements - as needed . Perennial Maintenance - spring and/ or fall cutting . Mulch Rejuvenation and/or Addition Benefits: . Update of overgrown planters . Reduce Maintenance Costs for the City . Enhance Aesthetic Appeal of Corner Phase 3: Lower Wall- NW Corner of Winnetka and Golden Valley Road. Project Goal: Installation of a retaining wall in slope on the NW corner and update of landscape to match surroundings. Project Summary: Golden Valley Town Square takes pride in provided its customers and tenants with a beautiful landscape. The slope behind the pergola on the NW corner on Golden Valley Road and Winnetka is un-maintained, out-of-date, and a distraction to the beauty of the retail center. TIlls project intends to update the corner hill which currently out of touch with the rest of the surrounding landscape. Maintenance: After installation, the management of Golden Valley Town Square intends to assume responsibility of the minimal maintenance required for this corner. Maintenance shall include: . Perennial Replacements - as needed . Perennial Maintenance - spring and/ or fall cutting Benefits: . Retaining wall to retain slope and control erosion . Salt Tolerant Perennial Landscape . Reduce Maintenance Costs for the City . Enhance Aesthetic Appeal of Corner Please contact us with any questions, Sincerely, Shasta Frandrup Timberland Outdoor Services, Inc. 810 North Lilac Drive, Suite 201 Golden Valley, MN 55422 Phone - 612.730.4030. Fax - 612.730.1815 www.timberIandoutdoorservices.com 1 i ~ ~ ~ a3 ~ Remove Existing Ash which blocks vlsibity of Golden Valley Town Square Architectural Elements (5 Total) For this Area See Golden Valley Town Square - Lower Wall Plans Existing Retaining tyalll ------+-- Remove Existing Ash which blocks visiblty of Architectural Elements (2) Remove Existing Arborvitae Hedge Blocking Store Visibility Replace with Kart Foerster Grass Hedge Existing Trellis ~eQeNP -~~ I 8 ~<~~1r<O' I This proposed planting plan replaces the existing resource intensive plantings that block the visibility and architectural elements of Golden Valley Town Square. The existing plantings are replaced with Salt-tolerant, Low- maintenance, Xerlscape perennials. The Required Mantenance of this proposed planting would be transferred to Golden Valley Town Square if approved. 11. lCO ~NWI.5 COMMON \lPM~ 5CI~N11~ MIv't . 101 O.~d4 H~Marocalll, t 5t.dIa ~e: 0,(;' (i) 1-, V"ork:a V. 'l'lGeta / npl~'IoJ' J & 41 l3,ooIaoS"'1' Per.",.lla '1.1t& 51>.0' . 9~ Sod.l"1 SodJl'1 MIK .. 90 ~"ra II""".... ,.Ltn .,ddl1q' C;~55eS COMMON\IP~ .. 2~1 F,."",. e..d 0 '0 J,?l:< For this Area see Golden Valley Town Square - Circular Planter Plans VlcInIty Map ~ 11/15108 Golden Vall"l Town Square - Maintenance and Sustainability Plan ti..1"'::::1 = ~~aw For this Area See Golden Valley Town Square - Lower Wall Plans 'i ~ ~ ~ ~ ~ (,!) "----./ ~etileNP '8] I 8 '''''- I . COMMON IJ}M~ %II/.~ri~ ~1~Nf1'1C Mt& H._ccall. ' so,u. .. 0-0' ~1~Nf1'1C tw.It JJ1~"'" hor~ontalb 'ck1e :2",,' COMMON IJ}M~ 81 LIIr.a.. JJ1ip... . r.""",.. Me~1 Obelbk.ak ",W.d f1,,,,,,,, v.. existing Sidewalk existing Retaining Wall This proposed planting plan replaces the existing resource Intensive plantlngs that block the visibility and architectural elements of Golden Valley Town Square. The existing plantlngs are replaced with Salt-tolerant, Low- maintenance, Xeriscape perennials. The Required Mantenance of this proposed planting would be transferred to Golden Valley Town Square if approved. Winnetka Ave For this Area see Golden Valley Town Square - Maintenance and Sustainability Plan Remove and replace existing resource intensive plantings with salt tolerant low maintenance plants ~ 11/16/08 Golden Valley Town Square - Circular Planter Plan H..i"":::1 = .lTptberland .CQ_~2'!'!,~j~].bL~ 't) l!l 0.:: ~ === ~ i ~ ~ Remove and replace existing resource intensive plantings with salt tolerant low maintenance plants ~te(JeNP "----../ Gm I 8 "~ ["c, I 5CI~N11'1C NN& I Lm.'C<alI, ' 5td1. dc O'a' COMMON WIle SG~N11'IC NN& 10 I 'UJ~", Ca-:>et' J...."", J....~C1J' ..,bh3 ':::a.a- < c.".,' COMMON v~ I SGleN11'IC N.NIf F",,,,",~d C,ALAMJ>.t<<1OI15ACJnF,:)RA - '~~~ ~ ~:: V~ I SG~Nn'ICN.NIf I 0> 'OJ,?eR Ell This proposed planting plan replaces the existing resource Intensive plantings that block the visibility and architectural elements of Golden Valley Town Square. The existing plantlngs are replaced with Salt-tolerant. Low- maintenance, Xerlscape perennials. The Required Mantenance of this proposed planting would be transferred to Golden Valley Town Square if approved. ProposBd Segmentsl Block Retaining Wall - Style and Color to Match Existing Wall Winnetka Ave For this Area S88 Golden Valley Town Square - Maintenance and Sustainab/lflY Plan For this Area S8e Golden Valley Town Square - Circular Planter Plans VIcInity Map ~ 11/15108 Golden Valley Town Square - Lower Wall Plan ti..1'"::::1 = .L~red 1tO"'"":Dlot4ltOt_ilDl....YlTllJllII\fS!ll pIi.u'llllGCI W 0=: o LL W CD 0: W ~ u. <( alley emorand m Planning 763-593-8095 I 763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting March 10, 2009 Agenda Item 3. 2008 Comprehensive Plan Update Prepared By Joe Hogeboom, City Planner Summary As required by the Metropolitan Land Use Planning Act, Golden Valley's Comprehensive Plan must be updated every ten years. Beginning in 2006, staff began the process of updating the Comprehensive Plan. This process, following up on the Envision Golden Valley process, was orchestrated by the Planning Department. Together with the City Council, various City commissions and departments, and a team of consultants, the Comprehensive Plan has been updated and revised to reflect the current needs and anticipated growth of the City. The Planning Commission has recommended adoption of the 2008 Comprehensive Plan. A request to approve the Comprehensive Plan revision will be on the March 17 agenda of the City Council. Prior to that time, staff requests that you review the Comprehensive Plan and its corresponding documents. You may access the Comprehensive Plan at http://www.cLQolden- valleV.mn.us/zoninQ/compplan.htm. If you have questions or concerns, or wish to have individual excerpts of the Plan produced for the City Council meeting for further discussion, please contact me at ihoQeboom@cLgolden-valley.mn.us or 763-593-8099. Bey Me oran urn City Administration/Council 763-593-8003/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting March 10, 2009 Agenda Item 4. U. S. Highway 169 Corridor Coalition Prepared By Thomas Burt, City Manager Summary Mayor Loomis asked that this item be placed on the agenda. Attachments Letter from Ron Jabs, Former Mayor, Jordan/Acting Chair, U.S. Highway 169 Corridor Coalition (18 pages) February 4, 2009 Mr. Tom Burt, City Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Re: U.S. Highway 169 Corridor Coalition Dear Mr. Burt: Since June, 2008, cities, counties and other local government agencies, have been meeting to discuss the creation of a U.S. Highway 169 Corridor Coalition that extends from Blue Earth County to the interchange at I 94/1 694. The Steering Committee of the Coalition developed a mission statement. It is as follows: "Working together to enhance safety, reduce congestion and maximize economic development along the U.S. Highway 169 inter-regional corridor." As a local government along or impacted by U.S. Highway 169, you are aware ofthe importance this corridor has on your community. It is imperative that it receives the attention and resources from the Minnesota Department of Transportation and its share of potential federal funding. To have a stronger voice in this process requires us to be organized and acting together with a unified agenda. The Steering Committee of the Coalition is now asking communities to consider making a commitment to the U.S. Highway 169 Corridor Coalition by entering into a proposed Joint Powers Agreement (JP A) and making a financial commitment to support the Coalition's initial work program efforts. We are requesting that your entity have the enclosed JP A, work plan and financial structure reviewed and approved on or before March 15, 2009. The proposed JP A has been approved by the Steering Committee which your entity mayor may not have had representation on during the past several months. Although the JP A uses standard agreements approved by the League of Minnesota Cities (LMC), Association of Minnesota Counties (AMC) and the Minnesota Counties Insurance Trust (MCIT), I would suggest that you have the JPA reviewed by your entity's attorney. If there are some concerns regarding the JPA please respond to Susan McNellis via email atsmcnellis@co.scott.mn.usbyFebruary17th.Itis imperative that you have your legal review done as soon as possible. As part of the JP A, we are asking that each local government designate a primary representative (elected official) and alternate (elected or appointed official) to the Coalition. We also request that when your local unit of government approves the JP A, you are also making a financial commitment per the proposed fee structure. As part of the lP A approval, we are asking that you provide your 0'-\'11 signature format and page. Please forward an original of the signature page and authorizing resolution to: Tracy Cervenka, Clerk to the Scott County Board 200 4th Avenue West Shakopee,~ 55379 TIle Scott County Clerk \''o'ill hold the agreement and signature pages on behalf of the Coalition. General questions regarding the Coalition and its purpose can be directed to any of the following individuals: · Lezlie Vermillion, Director of Public Works, Scott County, 952-496-8062 or lvermillion@co.scott.mn.us · Lisa Freese, Transportation Manager, Scott County, 952-496-8363 or Ifreese@co.scott.mn.us · Michael Leek, Director of Community Development, City of Shakopee, 952-233-9346 or mleek@ci.shakopee.mn.us · Ed Shukle, City Administrator, City of Jordan, 952-492-2535 or eshukle@ci.iordan.mn.us In conclusion, we strongly urge you to consider joining the Coalition. We firmly believe that with membership in the Coalition stretching from Mankato to Brooklyn Park along U.S. Higl1way 169, our voices will be heard by those making decisions on how transportation dollars should be spent in Minnesota. oQ u.s. IDGHWAY 169 CORRIDOR COALITION Proposed Work Plan MISSION STATEMENT: Working together to enhance safety, reduce congestion and maximize economic development along the U.S. Highway 169 inter-regional corridor. 2008 Work Tasks Initiated: 1) b) and a c) d) r the establishment of the e by the end of 2008. . es; have the funding to secme funding ill the Corridor. e) 2) ~pprove at Jan. 22, 2009 General T Commissioner regarding stimulus 1) Project Fun a) Secure a ederal Transportation Reauthorization Bill (FTRB) appropriation in the range of about $1.5 million to $5 million for studies throughout the corridor, right-of-way acquisition and possible projects. i) Prepare applications to Congressional and Senate representatives for the designation ofTH 169 in the FTRB. Key Congressional partners include Rep. Walz, Rep. Oberstar, Rep. Kline, Rep. Paulsen, U.S. Senator Elect (?) and U.S. Senator Klobuchar and the rest of the State's Federal Delegation as appropriate. C:\Documents and Settings\daults\Local Settings\Temporary Internet Files\Content.Outlook\1 HGVHWTG\ProposedUS 169-2009 Work Plan.doc 1 ii) If the appropriation is secured, it can also be used to defray the ongoing cost of engineering and publication work related to the Corridor and Coalition. b) Prioritize identified studies, right of way needs, and projects in the Corridor for funding, paying particular attention to geographic balance in project investment. c) As a part of the project identification and prioritization processes, insure that transit mode and alignment of transit, as well as possible project investments, in the TH 169 Corridor is identified d) Assist local agencies with materials and message deliv activities in Washington, D.C. and at the state legis 2) Organization and Administration: a) Develop a budget for 2009. b) Organize and begin regular meetings of th~ Committee, and Technical Commi.ttee. c) Establish regular meeting schedules quarterly meeting schedule for the d) . Establish regular pro~ses for a and financial records. e) Adopt a joint powers a that was recommended by t) Develop a "seed" capital plan adopted by the Steering commitments of at least $60,0 Corridor. 3) Coalition B a) Devel Q) through the Technical Advisory Committee or advocate" who would; .t ad agencies for membership in the Coalition; est business community in the Corridor k on . f the Coalition on local, state and federal issues. ct a . dor advocate." plae published materials and communications that will advocate" and the Coalition in building interest in the Co alition and its activities. These would include, but would not be liml i) Esta ent, production and distribution of a print and/or electronic Com or newsletter; ii) Design, establishment and update of a Corridor website. 2010 and Beyond: 1) Project Funding: a) Identify and secure additional Federal and State funding for future studies throughout the corridor, right-of-way acquisition and additional projects. C:\Documents and Settings\daults\Local Settings\Temporary Internet Files\Content.OutIook\1 HGVHWTG\ProposedUS 169-2009 Work Plan. doc 2 b) Assist local agencies with materials and message delivery for use in their activities in Washington, D.C. and at the state legislature. 2) Organization and Administration: a) Hold regular meetings of the Coalition board, the Steering Committee, Policy Committee, and Technical Advisory Committee. b) Establish the annual Coalition budget and membership fee schedule. c) Maintain Coalition administrative and financial records. 3) Coalition Building: a) Recruit additional governmental agencies for membership in the Coalition; b) Raise and maintain interest in the business community. the Corridor, the Coalition and the work-of the Coalition. i) Maintain and, as needed, develop new publi communications that win assist the "corri in building interest in the Corridor, the C 4) Consultants: Retain consultants as necess of the Coalition C:\Documents and Settings\daults\Local Settings\Temporary Internet Files\Content.Outlook\l HGVHWTG\ProposedUS 169-2009 Work Plan.doc 3 u.s. IDGHW A Y 169 CORRIDOR COALITION Draft 2009 Budget Project Funding, Organization and Administration: Coalition Buildim!: TOTAL $36,000.00 $13.000.00 $49,000.00 C:\Documents and Settings\daults\Local Settings\Temporary Internet Files\Content.Outlook\IHGVHWTG\ProposedUS 169-2009 Work Plan.doc 4 JOINT POWERS AGREEMENT ESTABLISHING THE U.S. HIGHWAY 169 CORRIDOR COALITION THIS AGREEMENT is entered into by and between the undersigned counties, .cities, towns, and regional development commissions (hereinafter the "Parties") all being political subdivisions of the State of Minnesota, by and through their respective governing bodies pursuant to the authority contained in the Minn. Stat. ~ 471.59.. WHEREAS, all of the Parties have land in, or are impacted by, the u.S. Highway 169 inter-regional corridor, extending from Hennepin County through Blue Earth County; and WHEREAS, the counties, cities, towns, and regional development commissions along the U.S. Highway 169 Corridor recognize that the corridor is experiencing issues regarding traffic congestion, safety, freight movement, transit and development related concerns; and WHEREAS, the Parties wish to collaboratively address these issues and concerns in order to protect, proIllote and enhance. the safety of the public, economic development opportunities, and the quality of life of the people living, working and traveling the corridor; and WHEREAS, the mission statement of the coalition is as follows: Working together to enhance safety, reduce congestion and maximize economic development along the u.S. Highway 169 inter-regional corridor. NOW, THEREFORE, in consideration of the mutual promises and benefits that shall be derived, the Parties hereby enter into this joint powers agreement for the purposes herein. ARTICLE I. PURPOSE This Agreement has been executed by the Parties for the purpose of cooperatively and jointly providing an organized effort to address the issues and concerns generated by the growth within the U.S. Highway 169 Corridor, to facilitate traffic safety and mobility, to increase economic development and improve quality oflife. Specifically, the Parties will form a joint powers board to (1) exercise leadership in the development of policies, programs and projects that will promote the mission described above; (2) enlist the assistance and cooperation of the private sector in achieving the mission; and (3) enlist the assistance and cooperation of the federal, state and regional agencies in achieving the mission. ARTICLE II. DEFINITIONS Governmental Unit: For purposes of this agreement, a governmental unit is a county, city, town, or regional development commission either in the U.S. Highway 169 corridor, or impacted by the U.S. Highway 169 corridor. Voting Member: A Voting Member shall be a dues-paying governmental unit either in the U.S. Highway 169 corridor, or impacted by the u.S. Highway 169 corridor. 1 Ex-Officio Member: Ex-Officio Members shall be non-dues paying governmental entities, such as but not limited to, Mn/DOT, community development agencies, Metropolitan Council (metropolitan planning organizations). Affiliate Member: Affiliate Members shall be any dues paying individuals, private businesses, organizations, local non-profit organizations, or other non-city, town or county organization that wish to support the Coalition's mission. Board: The Joint Powers Board of the U.S. Highway 169 Corridor Coalition, which shall consist of representatives from, and appointed by, each of the voting members. U.S. Highway 169 Corridor Coalition: The geographical boundaries of the Coalition are from and including Blue Earth County to the south to Interstate 94/694 to the north. Representative: An elected official of a county, city or town, the administrator of a regional development commission, or an appointed alternate, of a Voting Member. ARTICLE DI. JOINT POWERS BOARD A. Creation and Composition of the Joint Powers Board. A joint powers board, known as the U.S. Highway 169 Corridor Coalition Board of Directors, is hereby established for the purposes contained herein with the powers and duties set forth in this Agreement. The Board shall be a public entity separate from the Parties and shall not be deemed to be an agent or partner of the Parties to this Agreement, or any grantee, nor shall the Parties be liable for the actions of the Board or any grantee. The governing body of each Voting Member shall appoint, by resolution, one (1) representative to the U.S. Highway 169 Coalition, together with one (1) alternate. In the absence of an appointed representative at a meeting, an appointed alternate representative may exercise the voting rights of the Voting Member. This Agreement shall be effective, and the joint powers board established herein may commence exercising the powers and authorities in this Agreement, on the day that the Agreement has been approved by resolution and duly executed by at least ten (10) of the governmental units, as described in Article II, and shall continue until terminated or dissolved as provided herein. The governmental units that have entered into this Agreement shall individually and collectively be referred to as the "Parties". B. Voting. Each governmental unit shall be entitled to one (1) vote. The U.S. Highway 169 Coalition shall. function by a majority vote of the representatives present. A quorum of the Board shall be at least sixty (60%) of the Voting Members. 2 ARTICLE IV. DUTIES OF THE BOARD The Board shall have the responsibility to: A. Provide an organized effort to prepare and advance the inter-regional plan for the U.S. Highway 169 corridor to facilitate traffic flow and capacity on U.S. Highway 169 in its region. B. To seek passage oflegislation by local, state, and federal governments to enhance the movement of people and goods and relieve congestion in the u.S. Highway 169 corridor. c. To cooperate with federal, state and regional entities to advance such an inter- regional plan. D. To research and recommend funding strategies and seek legislation to enhance the movement of people and goods and relieve congestion in the U.S. Highway 169 corridor; to create alternatives to traveling on u.s. Highway 169, and to increase and improve the transportation of people and goods in the u.S. Highway 169 corridor. E. To research travel demand management strategies and ordinances, develop model ordinances and recommend joint action on such strategies and ordinances by the members. F. To cooperate with state and federal agencies in the development of transit operations plans that impact the U.S. Highway 169 corridor. G. To monitor land use development, traffic volumes and travel characteristics in the U.S. Highway 169 corridor. H. To research and make recommendations to the members regarding other matters related to the u.S. Highway 169 Corridor Coalition's purpose. I. To provide for such public participation in the conduct of its activities as will promote understanding of its activities among the public and local governmental units affected by the activities and the informal resolution of disputes or complaints. ARTICLE V. POWERS OF THE BOARD A. The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Chair or Vice Chair may approve any contract relating to its administration up to $10,000. Any contract in excess of$10,000 must be approved by the Board. 3 B. No payment of any invoice for services performed by a consultant or any other person or organization providing services in connection with this Agreement shall be authorized unless approved by the Chair (as hereinafter defined) or such officer designated by the Board or By-laws to approve such payments. c. The Board may employ agents and employees, and :fix their compensation and all other terms and conditions of employment. D. The Board shall adopt such by-laws necessary or desirable for the conduct of its business. Such by-laws shall be consistent with this Agreement and any applicable laws or regulations. E. The Board may apply for and.accept gifts, grants or loans of money, other property or assistance from the United States Government, the State of Minnesota, or any person, association or agency, including its Members, for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, other property to the parties and assistance in accordance with the terms of the gift, grant or loan, the terms of this Agreement, and any applicable public policy or law. F. The Board may sue and be sued in its own name, purchase insurance as is deemed advisable and may otherwise take action to enforce its rights in equity or in law. G. The Board may incur liabilities or obligations in accordance with the provisions of this Agreement. H. The Board may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth in this Agreement. ARTICLE VI. OFFICERS AND STRUCTURE OF THE JOINT POWERS BOARD A. Terms. Each Voting Member's representative and alternate shall be appointed for a two- year (2) term, except that the terms of the initial Voting Members shall extend from the date of their appointment through December 31, 2010. In the event that any Voting Member's representative or alternate shall not have been appointed by its governing board prior to expiration of the representative's term, the incumbent representative shall serve until a successor has been appointed. B. Vacancies. If the appointment of any representative or alternate is vacated before the end of the term, the vacancy shall be filled by appointment by the appropriate Voting Member's governing body. Vacancies shall be filled within thirty (30) days of their occurrence. A vacancy shall be deemed to have occurred when any of the conditions 4 specified in Minn. Stat. ~ 351.02 exist or if a representative fails to qualify or act as a county commissioner, city councilor town board member, or regional development commission administrator. C. Chair and Vice-chair. The U.S. Highway 169 Corridor Coalition shall elect a chair and a vice-chair from its voting membership for one-year (1) terms. The chair shall preside at all meetings of the U.S. Highway 169 Corridor Coalition and shall perform other duties and functions as may be determined by the U .S: Highway 169 Corridor Coalition. The vice-chair shall preside over and act for the u.S. Highway 169 Corridor Coalition during the absence of the chair. D. Secretary. The U.S. Highway 169 Corridor Coalition shall elect a secretary from its voting membership for a one-year (1) term. The secretary shall prepare and circulate meeting notices and agendas, and shall submit all minutes of U.S. Highway 169 Corridor Coalition meetings for approval by the Board. E. Treasurer. The U.S. Highway 169 Corridor Coalition shall elect a treasurer from its voting membership for a one-year (1) term. The treasurer shall assist the chair in overseeing the budget and finances of the U.S. Highway 169 Corridor Coalition. F. Meetings. The U.S. Highway 169 Corridor Coalition shall have meetings at such times and dates as the Board shall determine and establish in its By-laws. Special meetings may be held on reasonable notice by the chair or by a majority of the Board. The U.S. Highway 169 Corridor Coalition shall be subject to the requirements of the Open Meeting Law, Minn. Stat. Chap. 13D. G. Committees. The Board may establish committees and set forth establishment and governing rules in its By-laws, as may be necessary. It is not required that persons appointed to committees be Voting Members or representatives of governmental units H. Staff. Voting Members may be requested to provide staff to provide technical and other types of input as needed. Legal services shall be provided by and rotated among the counties on an annual basis as needed by the US Highway 169 Corridor Coalition, and in accordance with law. 5 ARTICLE VII. ANNUAL ADMINISTRATIVE BUDGET AND FUNDING A. Budget. On or before July 1 st of each year, the Board shall adopt a general administrative budget for the ensuing year and decide upon the total amount necessary for the general fund. The Treasurer of the Board shall certify the budget on or before September 1 st to the clerk of the each Voting Member governmental unit and Affiliate Member, together with a statement of the proportion of the budget to be contributed by each Voting Member and Affiliate Member as annual dues. The fiscal year shall be the same as a calendar year. B. Funding. Each Voting Member agrees to contribute annual dues to a general fund of the u.S. Highway 169 Corridor Coalition, said fund to be used for general administration purposes, including, but not limited to, contracts for services and goods, salaries, supplies, carrying out the purposes of this Agreement, insurance and bonds. The annual dues to be contributed by each Voting Member shall be determined in accordance with a funding formula approved by the Board and shall be paid by January 1 st of each year. Each Affiliate Member agrees to contribute annual dues to a general fund of the u.S. Highway 169 Corridor Coalition, for the purposes stated above, in accordance with a funding formula approved by the Board and shall be paid by January 1st of each year. C. Expenditure Policy. The U.S. Highway 169 Corridor Coalition funds may be expended by the Board in accordance with this Agreement and in a manner determined by the Board. In no event shall there be a disbursement of U.S. Highway 169 Corridor Coalition funds without the signature of at least two (2) of the designated authorized signatories. D. Fiscal Agent. The Board may contract with one of the Voting Members to provide any and all budgeting and accounting services necessary or convenient for the Board's administrative budget. Such services may include, but are not limited to: management of all funds, including member contributions and grant monies, payment for contracted services, and relevant bookkeeping and recordkeeping. 6 E. Accountability. All funds shall be accounted for according to generally accepted ,accounting principles. A report on all receipts and disbursements shall be forwardetl to the Board on a quarterly basis by the Treasurer. The members have, at any time, the authority to request and receive reports pertaining to any and all budgeting and accounting services. All interest earned from established Board funds shall be credited back to that same fund. ARTICLE VIII. NON-VOTING MEMBERS The U.S. Highway 169 Corridor Coalition may designate entities and individuals, as stated in Section II, with an interest in the U.S. Highway 169 corridor as non-voting member with the powers and responsibilities set forth as follows: A. Ex-Officio Members. Ex-Officio Members may participate in discussions of the U.s. Highway 169 Corridor Coalition but may not vote. Voting Members may nominate an Ex-Officio Member who must be approved by a majority vote of the Board. The U.S. Highway 169 Corridor Coalition may establish such further rules for Ex-Officio Members as is deems fit and proper, including notice requirements and terms of withdrawal, that are not inconsistent with this Agreement. Ex-Officio Members are not required to pay dues. B. Affiliate Members. Affiliate Members may participate in discussions of the U.s. Highway 169 Corridor Coalition but may not vote. An Affiliate Member must be approved by a majority vote of the Board. The U.S. Highway 169 Corridor Coalition may establish such further rules for Affiliate Members as is deems fit and proper, including notice requirements and terms of withdrawal, that are not inconsistent with this Agreement. Affiliate Members are required to pay dues as set forth by the Board. A withdrawing Affiliate Member shall be responsible for payment of its annual dues for the year in which it withdraws, and shall not be entitled to any refund from the U.S. Highway 169 Corridor Coalition. ARTICLE IX. WITBDRA W AL OF VOTING MEMBERS Any Voting Member may withdraw from this Agreement upon giving six (6) months' written notice to the Board. Notice shall be effective upon delivery to the Chair of the Board of a certified copy of a resolution of the Voting Member's governing body indicating its intent to withdraw from this Agreement. Upon receipt of the resolution, the Chair of the Board shall forward a copy of the resolution to each of the Voting Members. In the event of withdrawal by any Voting Member, this Agreement shall remain in full force and effect as to all remaining Voting Members. 7 The Voting Member's representatives may vote on all other matters until the effective date of withdrawal. Withdrawal shall not act to discharge the withdrawing Voting Member from any liability incurred or chargeable to the withdrawing Voting Member before the effective date of withdrawal. Such liability ~hall continue until appropriately discharged by law or agreement. The withdrawing Voting Member shall be responsible for payment of its annual dues for the year in which it withdraws, and shall not be entitled to any refund from the U.S. Highway 169 Corridor Coalition. ARTICLE X. TERMINATION This Agreement shall terminate upon the occurrence of anyone of the following events: 1. When necessitated by operation oflaw or as a result of a decision by a court of competent jurisdiction; or 2. When 2/3 of the Voting Members agree, by written agreement, to dissolve the U.S. Highway 169 Corridor Coalition and all obligations of the Board shall have been paid or otherwise discharged in full. Termination shall not discharge any liability incurred by the Board or by the Voting Members during the term of this Agreement. Upon termination or dissolution, all property of the U.S. Highway 169 Corridor Coalition shall be sold and the proceeds, together with monies on hand, shall be distributed to the Voting Members and Affiliate Members in proportion to their annual dues required and paid by the last annual budget or as agreed to by the Board to further the purposes of this Agreement. The Board shall approve a final report ofits activities and affairs on the expiration of thirty (30) days and there from, shall cease to exist. ARTICLE XI. NOTICES For purposes of delivery of any notices to the Parties hereunder, the notice shall be effective if delivered in writing to the designated Clerk or Administrator of each Party and Voting Member. A listing of the name and address of each Clerk or Administrator shall be maintained by the Secretary. ARTICLE XII. INDEMNIFICATION/LIABILITY A. Applicability. The U.S. Highway 169 Corridor Coalition shall be considered a separate and distinct public entity to which the Parties have transferred all responsibility and control . for actions taken pursuant to this Agreement. U.S. Highway 169 Corridor Coalition shall comply with all laws and rules that govern a public entity in the State of Minnesota and shall be entitled to the protections of Minn. Stat. Chap. 466. 8 B. Indemnification and Hold Harmless. The U.S. Highway 169 Corridor Coalition shall fully defend, indemnify and hold harmless the Parties and 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 U.S. Highway 169 Corridor Coalition, except for any act or omission for which the Party'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 U.S. Highway 169 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. la(a); provide 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 Party acknowledges and agrees that it is insured or self-insured consistent with the limits established in Minnesota State Statute. Each Party agrees to promptly notify all Parties if it becomes aware of any potential Board related claim( s) or facts giving rise to such claims. ARTICLE XUI. DATA PRIVACY The Parties agree to abide by all applicable federal and state laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data, including but not limited to, information made non-public by such laws or regulations. All contracts entered into by the U.S. Highway 169 Corridor Coalition shall contain a provision which requires the vendor to comply with and defend and indemnify the Parties for a violation of this provision. ARTICLE XIV. GOVERNING LAW The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations and performance obligations between the Parties herein. The appropriate venue and jurisdiction for any litigation hereunder shall be those courts located within the State of Minnesota. Litigation, however, in the federal courts involving Parties herein shall be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions shall not be affected. 9 ARTICLE XV. MISCELLANEOUS. A. Amendments. This Agreement may be amended only by unanimous agreement of the Parties as evidenced by resolutions adopted by their respective governing bodies. B. Records. Accounts and Reports. The Board shall establish and maintain such funds and accounts as may be required by good accounting practices. The books and records of the Board shall be subject to the provisions of Minn. Stat. Chap. 13, the Minnesota Government Data Practices Act, related Minnesota Rules, and Minn. Stat. g 16C.05, subd. 5. The Board, within one hundred and twenty (120) days after the close of each fiscal year, which shall be January 1 to December 31, shall give a complete written report of all financial activities for such fiscal year to the members. C. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all ofwhic~ shall constitute one and the same instrument. D. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect oflaw, such decision shall not affect the remaining portions of this Agreement.. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations and performance obligations between the parties herein. E. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior written or oral agreements relating to the formation of the Board. F. Dispute Resolution. Disputes between the members may be addressed by any means agreed upon by them, and may include the procedures set forth at Minn. Stat. g 103B.345. G. Legal Counsel for the Parties. Each Party shall provide its own legal counsel. 10 H. Non-discrimination- Affirmative Action. In accordance with federal, state and local laws, rules and ordinances, no person shall be excluded from full employment rights with, participation in, or the benefits of apy program, service, or activity of the u.s. Highway 169 Corridor Coalition on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectionallsexual preference, public assistance status, ex-offender status, or national origin. Nor shall any person who is protected by applicable Federal or State laws, rules or regulations against discrimination be otherwise subjected to discrimination. ARTICLE XVI. EFFECTIVE DATE This Agreement shall be effective after all Parties file a certified copy of a resolution approving the Agreement and upon execution of this Agreement by all Parties. Each Party shall file the resolution and signed Agreement with the Clerk of the Board of Scott County, Minnesota, who shall notify the Parties in writing when all Parties have done so. IN WITNESS WHEREOF, the undersigned government units, by action of their Governing Bodies, have caused this Joint Powers Agreement to be executed in accordance with authority of Minn. Stat. S 471.59. COUNTY OF SCOTT Date: , 2009 Jon Ulrich, Chair Scott County Board of Commissioners Attested to: Date: , 2009 Gary Shelton Interim County Administrator Approved as to form: Date: ,2009 Susan K. McNellis Assistant County Attorney 11 Suggest Target 2009 "Seed" Contribution for US Highway 169 Corridor Coaltion Proposed Option Belle Plaine $ 1,000 Bloomington $ 3,000 Edina $ 3,000 Golden Valley $ 1,000 Hopkins $ 1,000 Jordan $ 1,000 Le Sueur $ 1,000 Mankato $ 3,000- Minnetonka $ 3,000 New Hope $ 1,000 North Mankato $ 1,000 Plymouth $ 3,000 Shako pee $ 3,000 St Peter $ 1,000 St Louis Park $ 1,000 Blue Earth $ 10,000 Hennepin $ 10,000 Le Sueur $ 1,000 Nicollet $ 1,000 Scott $ 10,000 Sibley $ 1,000 Region 9 $ 1,000 Total $ 61,000 Proposed Option Criteria: Cities over 25,0000 contribute $3,000, all others $1,000, Townships $250, Regional Development Commissions $1,000, Counties over 40,000 contribute $10,000, all others $1,000.00