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ITEM 1 Transit Discussion0 tsTe FMISOTA MEMORANDUM TO: Mayor and City Council FROM: Lori Johnson, City Administrator DATE: July 11, 2014 SUBJECT: Transit Discussion ITEM 7 Mayor Stockamp attended the transit meeting in St. Michael on June 28. On Monday she will give an update on the status of transit including the joint powers agreement. Attached are the handout from that meeting as presented by Gary Ludwig, Trailblazer Transit and the joint powers agreement that has now been signed by all Wright County except Monticello, Otsego, and possibly a very small city or two. WRIGHT COUNTY AREA TRANSPORTATION JOINT POWERS AGREEMENT The parties to this Agreement are municipal corporations under the laws of the State of Minnesota and located in Wright County, Minnesota (the parties to this Agreement are hereafter referred to individually as a "City" and collectively as the "Cities"). RECITALS WHEREAS, Minnesota Statute §471.59 authorizes the joint and cooperative exercise of powers common to the Cities. WHEREAS, the Cities desire to provide for an agreement between and among them to establish a joint powers board for Transportation for the purpose of providing a coordinated service delivery and funding source for public transportation; and WHEREAS, each City has adopted a Resolution finding that it is in the best interests of the citizens of each City to enter into this Agreement. NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD AS FOLLOWS: 1. General Purpose. Pursuant to the authority of the Joint Powers Act, the Cities desire and intend to provide affordable Public Transportation to their communities. The goal of the Cities is to provide people in their communities with mobility and access to employment, community resources, medical care and recreational opportunities, while reducing the impact of road congestion, travel times, air pollution, the cost of road maintenance and repair, and energy and oil consumption for their communities. 2. Joinder of Wright County Political Subdivisions. The undersigned Cities hereby agree to join together for the purpose of coordinating the delivery of public transportation services and establishing a joint funding source for said services through establishment of a Wright County Area Transportation Joint Powers Board ("WCAT Board"). This Agreement shall become effective upon adoption of a resolution by the governing body of no less than three Cities, and shall be binding on all the Cities who have joined through adoption of a resolution by their respective governing bodies through August 1, 2014, unless otherwise extended or amended by the Parties. Any Party seeking to join the WCAT Authority after August 1, 2014, shall do so only on an affirmative vote of a majority of the WCAT Board members. The WCAT Board shall determine voting authority and contribution requirements for any Parties joining after August 1, 2014. 3. WCAT Board Composition. Each City shall appoint annually a representative to the WCAT Board. Each City may appoint an alternate representative who may act in the place and stead of an absent representative from that Party. Members to the board may be appointed or removed at the pleasure of the Party, with each member serving until their successor is appointed and qualified as provided by each Party. Each member shall serve without compensation, health or medical benefits provided by the WCAT Board. 4. Funding. The WCAT Board is authorized to procure such State and Federal funding as is available toward financing the costs of providing public transportation services for the Cities. Each City agrees to pay a proportionate share (the "Pro Rata Share") of the WCAT Board's remaining unfunded operating expenses and capital expenditures based upon the number of rides originating in the City during the prior year as compared to the total number of rides originating in all of the Cities during the prior year (the "Ride Share"). Each City shall also pay an annual fee to provide for the proper operations of the WCAT Board. Each City shall pay an initial $1,000 fee to cover the WCAT Board's projected expenses during the first year of operation. For 2015 only, operating and capital expenses shall be based upon the projected total number of rides during 2015 as determined by the WCAT Board prior to January 1, 2015 and such expenses shall be allocated proportionately among the Cities with each City paying its Pro Rata Share. Within 90 days after December 31, 2015, the WCAT Board shall perform a reconciliation of operating and capital expenses based upon each City's actual 2015 Ride Share, and funds shall be payable from or reimbursed to each City based upon the difference between each City's initial payments and reconciled 2015 Ride Share amounts. The WCAT Board may from time to time adjust the operating and capital expenses as it deems appropriate. 5. Meetings. The WCAT Board shall meet at least annually on a schedule determined by the WCAT Board. All meetings of the WCAT Board shall be conducted in a manner consistent with the Minnesota Open Meeting Law, Minn. Stat. §13D.01, et. seq., as amended. Special meetings may be called by the WCAT Board Chair or upon written request of three (3) or more members of the WCAT Board. Written notice of any special meetings shall be sent to all WCAT Board members and to the City Clerk of each City to comply with posting requirements. 6. Powers and Duties. The powers and duties of the WCAT Board include, but are not limited to, expending funds for the purpose of establishing, funding, coordinating, administering and operating a public transportation service including: a. Apply for, receive and expend State and Federal funds available for said purpose, as well as funds from other lawful sources, including fares, donations or gifts for the purpose of providing public transportation services and such supplemental services deemed advisable by the WCAT Board. b. Approve an annual budget. C. Adopt and implement a management plan to carry out the WCAT Board's purpose. d. Enter into contracts with public or private entities as the WCAT Board deems necessary to accomplish the purpose for which the WCAT Board is organized, including, but not limited to, the hiring of any consultants. e. Obtain such insurance as the Board deems necessary for the protection of the WCAT Board, members of the WCAT Board, member cities, and its property. f. Exercise all other lawful powers necessary and incidental to the implementation of public transportation services and the purposes and powers set forth herein. h. The WCAT Board has no authority to obtain or operate an independent transit service without the express approval of a majority of the Parties. i. The WCAT Board has no authority to levy taxes or issue debt for operating capital or debt service purposes unless approved in writing by the governing body of all Parties. The WCAT Board has no authority to issue debt that exceeds the term of this Agreement. 7. Voting. Prior to January 1, 2015, each Party shall have one vote on the WCAT Board. Beginning January 1, 2015, each Party shall be entitled to one vote plus one additional vote per each 3,000 rides originating in that City during the previous year. Prior to the first meeting in March the Secretary of the WCAT Board shall determine the number of votes for each Party in accordance with this section and certify the results to the Chair. A quorum shall consist of a simple majority (51%) of representatives from the Cities. A simple majority vote of the WCAT Board members present at the meeting with a valid quorum shall be required by the WCAT Board to take action unless otherwise provided in this Agreement or by law. 8. Officers. There shall be a chair, a vice chair, and a secretary elected from the members of the WCAT Board at the initial meeting of each year. The officers shall be elected from different member Cities. The WCAT Board may elect or appoint such other officers as it deems necessary to conduct its meetings and affairs. 9. Effective Date/Termination. This Agreement shall become effective as stated in Paragraph 2 of this agreement. This agreement shall continue in effect through December 31, 2019. This Agreement shall remain in effect for each respective party until that party hereto gives notice to the WCAT Board of its intention to withdraw. Notice of withdrawal must be given by April 1 of a given year. If notice of withdrawal is given after April 1 of a given year the withdrawal shall be effective on December 31 of the following year. A withdrawing party shall be responsible for its respective share of any debts or liabilities outstanding as of the effective date of withdrawal. Termination will be effective at the conclusion of the fiscal year. This Agreement shall remain in effect as to the remaining members provided that there are three or more members who desire to continue operating the WCAT Board. The withdrawing member shall not be entitled to compensation or distribution of any assets of the WCAT Board. In the event of dissolution of the WCAT Board, any property owned or held by the WCAT Board shall be sold for fair market value. All remaining funds after satisfaction of all WCAT Board debt, payments and other financial obligations shall be returned to the Parties in the same manner in which the Parties contributed funding to the WCAT Board in the last full calendar year prior to dissolution. 10. No Waiver. Nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to any City, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 11. Severability. If any section, subdivision or provision of this Agreement shall be held invalid or unenforceable for any reason, the invalidity or unenforceability of such section, subdivision or provision shall not invalidate or render unenforceable any of the remaining provisions. 12. Amendment. Any amendments to this Agreement must be in writing, signed by all of the Cities, following approval of their respective City Councils. 13. Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. 14. Liability and Insurance. Each City shall be liable for its torts and the torts of its employees, agents and consultants in undertaking its respective individual responsibilities as described in this Joint Powers Agreement. Notwithstanding any language to the contrary, the Cities agree that liability arising out of the activities of the WCAT Board and the Cities shall be subject to the requirements of Minnesota Statutes §471.59, subdivision 1(b), as it may be amended. The Cities intend that the WCAT Board be insured for its tort liability and general liability as a Joint Powers Board. Nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to any City, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 15. Default. The failure by any Party to observe or timely perform any covenant, condition, obligation or agreement herein shall constitute Default of the Agreement. Whenever a Default occurs, the WCAT Board shall provide thirty (30) days written notice to the defaulting Party of the default which notice includes the nature of the Default and the manner in which the Default may be cured. If the Default is not timely cured, the WCAT Board may take any action available, including legal, equitable or administrative action, to enforce this Agreement. 16. Disputes. The Cities agree that they will submit any disputes under this Agreement to mediation prior to resorting to an action in Court. By signing this Agreement, the parties hereto certify that the same has been approved by their respective City Councils. By By Mayor Mayor ATTEST: ATTEST: City Administrator City Administrator By By Mayor Mayor ATTEST: ATTEST: City Administrator City Administrator Lori Johnson From: Phil Kern <pkern@delano.mn.us> Sent: Wednesday, July 09, 2014 8:24 AM To: 'Connie Holmes'; 'Dan Madsen'; 'Steven Bot'; 'Vonnie Waters'; 'Adam Nafstad'; 'Annita Smythe; 'Merton Auger; 'Barb Swanson'; Lori Johnson; 'Cathy Shumann'; 'Cokato'; dmassopust@delano.mn.us; 'Jeff Oneill'; 'Kelly Hinnenkamp'; Taureen Bodin'; 'Ann Orlofsky'; lynn.kissock@ci.maple-lake.mn.us; 'Kim Olson'; jrussek@delano.mn.us Cc: 'Cindy Posivio; gludwig@trailblazertransit.com Subject: WCAT Survey Attachments: Wright County Transit Survey - 2014-07-03.pdf Congratulations Rockford, Albertville, Hanover, and St. Michael! Great news!! At the last WCAT meeting, we spent a fair amount of time discussing the process for gathering survey data within our communities in order to guide service design. This is important for all levels of the transit decision-making process — MnDOT, Trailblazer, WCAT, etc. We have a few weeks to gather what we can for the preliminary service design, which will be finalized in August. To aid that process, Trailblazer has developed the attached survey for us in all Wright County communities. Please distribute this survey to anyone/everyone you can to help gather information. Gary explained that this survey information will be very helpful — the more the better. He also stated at the WCAT meeting that ALL written comments and input regarding public transit needs will be accepted by MnDOT as part of this process. This could also mean submitting priorities from elected officials, staff members, advisory committee members, or any interested persons within the community. Therefore, our directive is to collect as much information as we can regarding the transit needs in the County. This includes communities that have signed on to WCAT and communities that are still deliberating as to whether or not they should join. Trailblazer has offered self-addressed envelopes if cities would prefer to distribute an envelope with a survey to that people can return them directly to Trailblazer. If you would prefer that route (I Know I would), please contact Cindy Posivio at Trailblazer (she's CC'd on this message) and make that request. Lastly, please note our next WCAT meeting is scheduled for Tuesday, July 22, at 2:00pm. Thanks, Phil Philip Kern City Administrator City of Delano www.delano.mn.us pl<ern@delano.mn.us d:763-972-0565 us Wright County Public Transit Survey 1. What city are you from? 2. Where would you or other members of your household like to take the bus? Check all that apply: ❑ Albertville ❑ Annandale ❑ Buffalo ❑ Clearwater ❑ Cokato ❑ Delano ❑ Hanover ❑ Howard Lake ❑ Maple Lake ❑ Monticello ❑ Montrose ❑ Otsego ❑ Rockford ❑ St. Michael ❑ South Haven ❑ Waverly ❑ Rural/Township ❑ Other Counties 3. List how many people in your household would like to take the bus for each age category: Senior (Age 60 or older) Adult (Age 18-59) Youth (Age 6-17) Child (Age 5 & under) 4. For what purpose would you or other members of your household like to take the bus? Check all that apply: ❑ School ❑ Work ❑ Senior Nutrition ❑ Medical Appointments ❑ Day Care ❑ Group Outings ❑ Beauty Salon ❑ Grocery Shopping ❑ Senior Center ❑ Retail Shopping ❑ Social Visits ❑ Adult Day Care ❑ Dining ❑ Parks ❑ Library ❑ Youth Activities ❑ Swimming ❑ Banking ❑ Post Office ❑ Recreation ❑ Other (Please describe): 5. How frequently would you or other members of your household ride the bus? ❑ Once Per Month ❑ Every Other Week ❑ Once Per Week 0 Multiple Days Per Week 0 Daily 6. What time of day do you need rides? Check all that apply: ❑ Before 7:00 a.m. ❑ 7:00 a.m. to 9:00 a.m. ❑ 9:00 a.m. to 11:00 a.m. ❑ 11:00 a.m. to 1:00 p.m. ❑ 1:00 p.m. to 3:00 p.m. ❑ 3:00 p.m. to 5:00 p.m. ❑ After 5:00 p.m. 7. What ideas or needs do you have for public transit in Wright County? 8. Other comments?