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X-E-02 Red Rock Corridor & Great River Rail Joint Powers Agreement
City Council Memorandum To:Mayor Fasbender & City Councilmembers From:City Administrator Dan Wietecha Date:March 17, 2025 Item:Red Rock Corridor and Great River Rail Joint Powers Agreements Council Action Requested: Discussion items. Background Information: Hastings has been a non-financial member of two transit related Joint Powers Agreements (JPAs). The Red Rock Corridor Commission was created in 1998 to address transportation needs in the Red Rock Corridor between Minneapolis and Red Wing, including advocating for expanded commuter bus service and planning for commuter rail. Recent meetings have focused much more on the northern end of the corridor in Washington County. The Great River Rail Commission was created in 2009 (then as the Minnesota High Speed Rail Commission, renamed to GRRC in 2019) to advocate for a second train daily between the Twin Cities and Chicago. The second train began operation in spring 2024. GRRC has continued meeting to advocate for the rail corridor and as well as multi-modal connections. Councilmember Pemble is the City’s representative of both JPAs and has recommended withdrawing membership from both with one JPA focusing on other portions of the corridor from Hastings and the other JPA largely accomplished. If the City desires to withdraw, both JPA require 90 days notice, by formal resolution. Financial Impact: Not applicable Committee Discussion: Council briefly discussed this topic on January 6 and indicated further discussion would be appropriate. Attachments: Red Rock Corridor “Metro Transit’s Network Now” (Sept 2024) Red Rock Corridor JPA, 2004 Great River Rail “About the Commission” and Final 2025 Work Plan and Budget (Aug 2024) Great River Rail (High Speed Rail) JPA, 2017 X-E-02 Agenda Item #6 SB RED ROCKW^^SOUTHEAST CORRIDOR DATE:September 30,2024 TO:Red Rock Corridor Commission FROM:Staff RE:Metro Transit's Network Now Overview Adam Harrington,Director of Service Development for Metro Transit,will present on Metro Transit's Network Now,a vision for transit service in the region through 2027. Action Information X-E-02 GMetroTransit Network Now:Draft Concept Plan Red Rock Corridor Commission September 30,2024 Why Network Now? Pivotal time in our history •Ridership dropped 50%between 2019 and 2020 but is now growing again •30%less service,with 60+routes suspended Travel patterns are changing Workforce is a top priority Metro Transit is growing X-E-02 Orange ©MetroTransit OrangeLine New high frequency service on Gold Line,Green Line Extension,B Line,E Line,G Line, Routes 4,14,17, 22,58,64,68,515, and 724 MetroTransitServiceBoundary High Frequency Routes TransitNetwork Metro Micro Project Expansion December 2024 Rosedale -Gold Line - A Line Woodbury 2 projects/year 2025-2027 -Orange Line -98th St Station -Starlite Transit Center -Northtown Transit Center -Minnetonka -Green Line Ext./Opus Station -Maplewood Mall Transit Center -Dakota Co.Service Center 10 GMetroTransit X-E-02 2027 Concept Plan Results •Adapt service to travel patterns -Key Express Network all day service -15”service during highest ridership of rush hours -Service to all major highway corridors Key Express Network Routes 94 250 270 355 673 768 850 ©MctrnTransit Commuter Oriented Service Network 2027 Concept Plan Results •Adapt service to travel patterns -40+routes restructured or adjusted -53 suspended routes officially discontinued -8 routes restored GMetroTransit X-E-02 Oley SHU Medina Rams-' Maplewood Minnetonka adbury ParkandRide WeeklyTripsbyRoute <30 31-100 101-200««201-500 501-1,000 1,001-1,600 DiscontinuedServiceLakeville MetromicroZone iS3MetroTransit ServiceBoundary 5 Miles ?•V Mer.doJHelEm VadnoisHsighto ConceptPlanExpress,LRT, Hwy/GuidewayBRT rmerGreveHeights UirwaapoluS.PjuI NorthMetro Lakeville Commuter Oriented Service proposed offers robust access Change in Commuter Oriented Service Access TransitNetwork Br^okly 275 801262 Skating -270- Mcdrna 272 766758Park&Rke 261-756 O-ono ’6-7-2‘643-67916723Texas Center 375' 6-77' 111664j Woodbury 670 Aton]3614176868 Chanhass?^558 !EdenPrairie' O ClosedPark&Rides EaganDiscontinuedRoutes 8Miles navaho'' VaJnaisHeights 1WestStPadSportsComplex BauwvcGtsvo Mendo]hmM tlakeCenter inverGroveHeights LittleCanadaMunicipalr [-394aCMitts£Parka NormandaleVillage 865765 7HSZ.6^ PlymouthIRoadPark-/aRide , —219F294- RichardsonParisParkaNUde MinnetonkaBlvdaSteeleStParkaRide ShoreviewCommunityCenterParkaRide Upper 17thStreetParkaRide Horncpin 554 553 qrcioPines•or.3*cn 612 ^146' WayzataBlvdaBarryAveParkaRide _ RunningAcesParkaRide MinnetonkiBlvda_B5ker"RdPaiXErR>de DiscontinuedSegmentsol ConceptPlanRoutes MetroTransitServiceBoundary ,PaulParkway7Park&Ride S88850X NorthMetro Discontinuing service to meet travel demand and strengthen network Transit Network Discontinued Routes,Segments,and Facilities X-E-02 Red Rock Corridor Stats •Service in St.Paul (Hwy 61corridor),St.Paul Park,Newport,Cottage Grove and Hastings •2 new routes (301,354) •1route with frequency improvements (363) •4 express routes will be discontinued (350,361,364,365) •METRO Gold Line opening March 2025 •1new micro zone in Woodbury OMetrolransit Network Now Concept Plan Routes -Red Rock Corridor OKe X-E-02 WHEREAS,the Red Rock Corridor is defined as the transitway corridor originating in Hastings in Dakota County,through Washington County,Ramsey County,and terminating in downtown Minneapolis in Hennepin County with connections to other multi-modal transportation options;and WHEREAS,the Red Rock Corridor has significant transportation,safety,and land use issues; and WHEREAS,there are opportunities for a variety of multi-modal transportation improvements in the Red Rock Corridor,including highway commuter and freight line,bus rapid transit,multi-use paths,recreational trails including bicycle trails,and Intelligent Transportation Systems (ITS);and WHEREAS,the parties wish to collaboratively plan for multi-modal transportation improvements to the Red Rock Corridor and for the related land use and development impacts,and WHEREAS,the COMMISSION has completed a commuter rail feasibility study on the Red Rock Corridor and determined that planning for commuter rail in the Red Rock Corridor should continue;and WHEREAS,Minn.Stat.§174.80 et seq.grants authority and responsibility to the Minnesota Department of Transportation (MN-DOT)to design,develop,construct,and operate commuter rail in Minnesota and to enter into agreements with joint powers boards to carry out these responsibilities;and WHEREAS,the COMMISSION intends to work collaboratively with MN-DOT and the Metropolitan Council for the planning and development of commuter rail or other rail or rail beneficial related transit modes in the Red Rock Corridor;and WHEREAS,it is the desire of the parties hereto to amend and restate the March 1999,Joint Powers Agreement in this agreement. 69126 (4th/vers) -2 of 10- X-E-02 NOW,THEREFORE,IN CONSIDERATION OF the mutual promises and covenants herein,the parties hereto agree as follows: ARTICLE 1.DEFINITIONS Unless context otherwise requires,the terms defined in this section shall have the meanings stated herein: 1.Agreement means this Amended and Restated Joint Powers Agreement. 2.Commission shall mean the Joint Powers body established herein. 3.Effective Date shall be the date the last original signatory approves this AGREEMENT. 4.Financial Member means individually the Dakota County Regional Railroad Authority, Hennepin County Regional Railroad Authority,Ramsey County Regional Railroad Authority, or Washington County Regional Railroad Authority. 5.Original Signatory shall mean,individually,Dakota,Hennepin,Ramsey,Washington, Cottage Grove,Hastings,Newport,St.Paul Park,and Denmark. ARTICLE 2.PURPOSE The parties have entered into this agreement for the purpose of jointly exercising the powers granted to Regional Railroad Authorities organized under the provisions of Minn.Stat.Ch.398A,including but not limited to the acquisition and management of federal,state,and local funding in conjunction with the Minnesota Department of Transportation and the Metropolitan Council,and may perform any responsibilities delegated by the Commissioner of Transportation subject to the conditions that sufficient funds are received. ARTICLES.TERM This AGREEMENT shall be effective (EFFECTIVE DATE)when adopted by all ORIGINAL SIGNATORIES.The EFFECTIVE DATE of this AGREEMENT shall be the date on which the last ORIGINAL SIGNATORY approves the AGREEMENT by action of its governing board or council.This AGREEMENT shall remain in full force and effect until terminated by the parties pursuant to Article 9 of the AGREEMENT. The UNIVERSITY,MINNEAPOLIS,and ST.PAUL will become parties to this AGREEMENT on the later of the date approved by their governing body or the EFFECTIVE DATE herein stated. Provided,however,that if the UNIVERISTY,MINNEAPOLIS,or ST.PAUL,individually,fails to approve the AGREEMENT within one (1)year of the EFFECTIVE DATE,they will not become parties to this AGREEMENT except by amendment to this AGREEMENT. 69126 (4th/vers) -3 of 10- X-E-02 ARTICLE 4.JOINT POWERS BOARD There is hereby created a Joint Powers Board as a public entity,to be known as the Red Rock Corridor Commission.The COMMISSION shall be an entity separate from its member bodies and shall not be deemed an agent or partner of the member bodies,and the member bodies shall not be liable for the actions of the COMMISSION.The COMMISSION shall have full authority to exercise all powers stated herein. ARTICLES.MEMBERSHIP A.Each Financial Member shall appoint one (1)member and one (1)alternate to the COMMISSION.All other parties to this AGREEMENT shall appoint one (1)member and one (I)alternate to the COMMISSION. Commission members and alternates must be members of the party,which appoints them.If a Commission member ceases to be a member of such party,his or her membership on the Commission shall cease on the date of cessation of such membership,and the appointing party shall appoint a new member or alternate. Additional parties may become members of the COMMISSION by amendment to this AGREEMENT pursuant to Article 10 hereof. Members of the COMMISSION appointed by a Financial Member will have two (2)votes. All other members of the COMMISSION will have one (1)vote. B.COMMISSION membership terms shall commence on January 15 of a calendar year and end on January 14 of the next succeeding year,or until a successor is appointed. ARTICLE 6.POWERS OF COMMISSION The COMMISSION has such authority as is necessary and proper to make all decisions to carry out its purpose as described in Article 2.Such powers shall be subject to the provisions of Minn.Stat. §471.59 and will include,but not be limited to,any or all of the following powers to the extent provided by law or not otherwise limited by this AGREEMENT. A.Adopt an annual budget,together with a statement of the sources of funding and an estimate of the amounts required of each Financial Member. B.Enter into transactions,including contracts or leases,required in furtherance of this AGREEMENT and statutory mandate,and enforce such transactions to the extent available in equity or at law.The contracting and purchasing requirements of one party designated by the COMMISSION shall apply hereto.The COMMISSION may approve any contract relating to this AGREEMENT up to the amount approved in the annual budget,and may authorize the Chair of the COMMISSION to execute those contracts. 69126 (4th/vers) -4 Of 10- X-E-02 C.Adopt by-laws and any amendments consistent with this AGREEMENT required for the exercise of the powers and purposes stated in this AGREEMENT.The by-laws may provide for the appointment of ex officio,non-voting members to the COMMISSION by the COMMISSION.The by-laws shall be effective only if approved by unanimous vote of all Financial Members of the COMMISSION. D.Apply for and accept gifts,grants,loans of money,other property,or assistance on behalf of the contracting parties from the United States government,the State of Minnesota,or any person,association,or agency for any of its purposes,including any grant which may be available,enter into any agreement in connection therewith,and hold,use and dispose of such money,other property,and assistance in accordance with the terms of the gifts,grants,or loans relating thereto. E.Acquire and hold such real and personal property as may be required to accomplish the purposes of this AGREEMENT and,upon termination of this AGREEMENT^make distribution of such property as is provided for in this AGREEMENT. F.Employ agents and employees,and to fix the compensation and all other terms and conditions of employment thereof. G.Incur debts,liabilities,or obligations which do not constitute a debt of any of the parties.The Joint Powers Board does not have authority to incur debts,liabilities,or obligations which constitute a debt of any of the parties. H.Sue and be sued in its own name. All powers granted herein shall be exercised by the COMMISSION in accordance with the legal requirements applicable to the regional railroad authorities. ARTICLE 7.OFFICERS,EMPLOYEES,AND SERVICES A.The COMMISSION shall elect a Chair and Vice-Chair from its membership at its first regular meeting each year.The Chair and Vice-Chair shall be elected by the COMMISSION from its membership for a term of one (1)year.The Chair shall preside at all meetings of the COMMISSION,may establish such subcommittees as may be needed from time to time and shall perform other duties and functions as may be determined by the COMMISSION.The Vice-Chair shall preside over and act for the COMMISSION during the absence of the Chair. If both the Chair and Vice-Chair are absent,the COMMISSION may elect a temporary Chair to conduct its business,provided a quorum is present. Notwithstanding any provision to the contrary,following the EFFECTIVE DATE of this AGREEMENT,the term of the prior COMMISSION’S officers shall automatically expire and a special election shall be held to elect interim officers.The term of the interim officers commence upon election by the COMMISSION and continue until the first regular meeting of the following year,at which time elections will be held to elect permanent officers pursuant to this section who will serve a term according to this section. 69126 (4th/vers) -5 of 10- X-E-02 B.Executive Committee.The COMMISSION shall establish an Executive Committee of the COMMISSION consisting of one (1)representative of each Financial Member.The Executive Committee shall develop and make recommendations to the COMMISSION regarding the ongoing responsibilities of the COMMISSION,and shall have such other duties as set forth in the COMMISSION’S by-laws. C.Staff.Each party may provide staff support to the COMMISSION,subject to the approval of the COMMISSION. D.Vacancies.If an appointment of any COMMISSION member or alternate is vacated before the end of his or her term,the vacancy shall be filled by appointment by the appropriate appointing 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 specified in Minn.Stat.§351.02 exist. E.Meetings.The COMMISSION shall meet at regular intervals at such times and places as the COMMISSION shall establish in its by-laws.Special meetings may be held on reasonable notice by the Chair or any two members upon terms and conditions as the COMMISSION may determine and that conform to the Minnesota Open Meeting Law,Minn.Stat.§13D. F.Committees.The COMMISSION may establish standing committees of the COMMISSION by providing for such committees by resolution.The Chair may establish ad hoc committees of the COMMISSION. ARTICLES.FUNDING A.Financial Partners’Contribution.Within sixty (60)days of the EFFECTIVE DATE,the COMMISSION shall review the budget for the calendar year in which the EFFECTIVE DATE occurs and determine the balance of unencumbered funds.The COMMISSION shall credit all unencumbered funds (BALANCE CREDIT)to the Dakota County Regional Railroad Authority,Ramsey County Regional Railroad Authority,and Washington County Regional Railroad Authority in proportion to their respective contributions.The COMMISSION shall thereafter modify or affirm the budget for the remainder of the calendar year,and shall assess the Financial Members their proportionate share of the budget as follows: 10.0%Dakota County Regional Railroad Authority 17.5%Hennepin County Regional Railroad Authority 37.5%Ramsey County Regional Railroad Authority 35.0%Washington County Regional Railroad Authority The assessment for Dakota,Ramsey,and Washington County Regional Railroad Authorities shall be deducted from their respective BALANCE CREDITS. -6 of 10- 69!26 (4th/vers) X-E-02 B.Annual Budget.For the calendar year next following the calendar year in which the EFFECTIVE DATE occurs and all subsequent years,the COMMISSION shall establish and approve a budget.Each Financial Member shall be assessed for its proportionate share of the budget according to the schedule above.The Dakota,Ramsey,and Washington County Regional Railroad Authorities’assessment shall be first deducted from any remaining BALANCE CREDIT,with any remainder due as in Section D hereof. C.Financial Members’Budget Approval.Adoption of the budget shall require unanimous approval of the Financial Members. D.Contribution Date.Except for any initial contribution required by this AGREEMENT, assessments made under the provisions of this article shall be paid by each Financial Member by January 3 of each year.The initial contribution shall be made within sixty (60)days of the adoption of the budget pursuant to Article 8(A)hereof. E.Budgeting,Accounting,Fiscal Agent,and Other Services.The COMMISSION may contract with any party to provide contract management,legal review,and budgeting and accounting services necessary or convenient for the COMMISSION and otherwise act as the COMMISSION’S fiscal agent.Such services shall include,but not be limited to,management of all funds,including contributions and grant monies,payment for contracted services,and relevant bookkeeping and record keeping.The contracting and purchasing requirements of the member so selected shall apply to transactions of the COMMISSION.Such member shall identify the staff person to work as liaison with the COMMISSION. F.Accountability for Funds.All funds shall be accounted for according to generally acceptable accounting principles.A report on all receipts and disbursements shall be forwarded to the COMMISSION on an annual basis.The parties have the authority to request reports pertaining to any and all budgeting and accounting services.All interest earned from established COMMISSION funds shall be credited back to that same fund. G.Cost Sharing Agreement.The Financial Members may enter into,but are not bound to enter into,cost sharing agreements with each other for the purpose of providing additional local funding to carry out the purposes of the commission,including,but not limited to,the following: 1)It is contemplated that the Financial Members will enter into a cost sharing agreement for the purposes of funding a local 20%share for a Red Rock Corridor alternatives analysis¬ scoping study to be matched by a federal 80%share from the federal Twin Cities Transitways Grant.By entering into this joint powers agreement,the Federal Members agree to enter into the cost sharing agreement. 2)It is contemplated that some or all of the Financial Members will also enter into a cost sharing agreement for the purposes of funding a local share for draft environmental impact statement to be matched by a federal funding share of draft environment impact statement at a future date. -7 of 10- 69126 (4th/vers) X-E-02 ARTICLE 9.WITHDRAWAL AND TERMINATION A.Withdrawal.Any party may withdraw from this AGREEMENT upon 90-days prior written notice evidenced by resolution of the party’s governing body to the COMMISSION.In the event of withdrawal by any party,this AGREEMENT shall remain in full force and effect as to all remaining parties. B.Effect of Withdrawal,Disposition of Property,Funds,and Obligations.A party withdrawing from this AGREEMENT shall,prior to such withdrawal,pay the full amount of any unpaid assessments to the COMMISSION as defined in Article 8.A party withdrawing from this AGREEMENT shall not receive a distribution of property or funds until such time as this AGREEMENT is terminated by all parties pursuant to this Article 9.Such disposition of property shall be in accordance with the provisions of Section D of this Article 9. Any member withdrawing shall be liable for any assessment in the year in which the withdrawal becomes final only for the period in such year that the party remains a party.The party’s assessment shall not exceed the sum of one-twelfth (1/12th)the full assessment multiplied by the number of months or fractions thereof in the year during which the party remains a party. C.Termination.This AGREEMENT shall terminate upon the occurrence of any one of the following events: (a)When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction;or (b)When a majority of the parties agrees to terminate this AGREEMENT. D.Disposition of Property and Funds.At such time as this AGREEMENT is terminated,any property interest remaining in the COMMISSION,following discharge of all obligations owed by the COMMISSION,shall be disposed of and the proceeds of the property shall be returned to the parties in proportion to their contribution. E.Effect of Withdrawal of Financial Member on Budget.In the event a Financial Member withdraws,the unpaid assessment allocable to such member in the year of withdrawal and subsequent years shall be reallocated to the remaining Financial Members in proportion that the assessment allocations under Article 8(A)hereof bear to each other. ARTICLE 10.MISCELLANEOUS A.Amendments.This AGREEMENT may be amended by unanimous agreement of the parties as evidenced by resolutions adopted by the respective governing bodies. B.Records,Accounts,and Reports.The COMMISSION shall establish and maintain such funds and accounts as may be required by good accounting practices.The books and records 69126 (4th/vers) -8 of 10- X-E-02 of the COMMISSION shall be subject to the provisions of Minn.Stat.Ch.13,the Minnesota Government Data Practices Act,and Minn.Stat.§16C.05,subd.5.The COMMISSION, within one hundred 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 parties. C.Counterparts.This AGREEMENT may be executed in two or more counterparts,each of which shall be deemed an original,but all of which 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 of law,such decision shall not affect the remaining portions of this AGREEMENT. E.Entire Agreement.This AGREEMENT constitutes the entire agreement between the parties and supersedes all prior written or oral agreements relating to the COMMISSION. F.Alternative Dispute Resolution.In the event of a dispute arising under this AGREEMENT, the parties and the COMMISSION agree to attempt to resolve their dispute by following the process described below: (1)A party shall provide written notice to the COMMISSION describing perceived conflict,positions,and underlying reasons. (2)The COMMISSION or member shall provide written response to notice within seven (7)days of receipt of notice. (3)The parties shall meet within 14 days of receipt of response with a neutral facilitator. The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution.Costs of such facilitator shall be shared equally by all parties to the dispute. (4)At the first meeting,the neutral facilitator will assist the parties in identifying the appropriate parties and participants in the dispute resolution process,their concerns, a meeting agenda and design for any subsequent meetings.The parties shall agree .on a process for resolving the problem that would involve additional negotiations, mediation,or arbitration. (5)In developing the process,the parties will be guided by the following principles: (i)the parties will attempt in good faith to reach a negotiated settlement; (ii)the parties agree that there must be fair representation of the parties directly involved in the dispute; 69126 (4th/vers) -9 of 10- X-E-02 (iii)the parties will use legal proceedings as a last resort;and (iv)in the event the parties are unable to resolve the dispute,each party retains all rights,remedies,or defenses it had prior to entering the process. (6)The parties will report to the COMMISSION within 60-days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. IN WITNESS WHEREOF,the parties to this AGREEMENT have hereunto set their hands on the date written below. 69126 (4th/vers) -10 of 10- X-E-02 Approved as to form and-exeeutrom Georg^Ku^rian,Assistant County Attorney Date X-E-02 Ramsey County Regional Railroad Authority Date Approved as to form and execution: David MacMillan,Assistant County Attorney Date X:\Word\Red Rock CorridoARed Rock Corridor CommissionWgenda ltems\2004\JPA Signature Memo 5-19-O4.doc X-E-02 DAKOTA COUNTY REGIONAL RAILROAD AUTHORITY By: Willis E.Branning,Chair ^$4/D^te / Approved as to form: Karen Schaffer,As tant County Attorney X:\Word\Red Rock CorridoARed Rock Corridor Commission\Agenda ltems\2004\JPA Signature Memo 5-19-04.doc X-E-02 CITY OF NEWPORT Date r**\imcntt'CcH+i*^<TC'\ta*oti/*»r44^z*»irHt zxz**^l ^o^+iflr^cx\Ta<"rnrv»Ar'’lrn C11oot J l^O\IDA CirtAAliira H/V* X-E-02 CITY OF ST.PAUL PARK Attest: Barry Sittlow,City Administrator Date Date X:\Word\Red Rock Corridor\RedRock Corridor CommissionXAgenda ltems\2004\JPA Signature Memo 5-19-04.doc X-E-02 CITY OF HASTINGS Attest: Michael Werner,Mayor Melanie Mesko Lee,City Clerk Date N:\Word\Red Rock CorridoiARed Rock Corridor Commission\Agenda ltems\2004\JPA Signature Memo 5-19-04.doc X-E-02 DENMARK TOWNSHIP Attest: Date Tracy Fritze,Clerk/Treasurer Date X-E-02 Washington County Regional Railroad Authority es R.Schug,County/Administrator Date X-E-02 (iii)the parties will use legal proceedings as a last resort;and (iv)in the event the parties are unable to resolve the dispute,each party retains all rights,remedies,or defenses it had prior to entering the process. (6)The parties will report to the COMMISSION within 60-days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. IN WITNESS WHEREOF,the parties to this AGREEMENT have hereunto set their hands on the date written below. Approved as to form and executionAssista^^^tnty Attopney^ Date:7 /2-^y^ HENNEPIN COUNTY REGIONAL RAILROAI^UTHORITY ///STATE Qf\JV^NNp^H _By: Chair of Its Board 7^^^^^E^c^utive Director ATTEST:Z F-Deputy/Clerk of Authority Board 1/ 69126 (4th/vers) -10 of 10- X-E-02 CITY OF COTTAGE GROVE X:\Word\Red Rock CorndortRed Rock Corridor CommissionVAgenda ltems\2004'JPA Signature Memo 5-19-04.doc X-E-02 About the Commission In 1996,the Midwest Regional Rail Initiative began assessing the prospect of improving passenger rail infrastructure. Its comprehensive report indicated the potential success of high-speed train service between the Twin Cities and Chicago.The Minnesota Department of Transportation began an environmental analysis of high-speed rail and the Minnesota High-Speed Rail Commission was formed in June 2009 based on this potential. InJanuary 2018,Minnesota Department of Transportation suspended work on the high-speed rail project.In the fall 2018,the Minnesota High-Speed Rail Commission began the process of changing its name to the Great River Rail Commission to better fit its mission and purpose;advocating for faster,safer and more frequent passenger rail service between the Twin Cities and Chicago.The name change became official in September 2019. The Great River Rail Commission is one of the leading voices on passenger rail in Minnesota.Comprised of officials from 18 local and regional governments from St.Paul to La Crosse,the Commission advocates for the implementation of the Twin Cities-Milwaukee-Chicago (TCMC)Second Train project,a daily round trip passenger train between the Twin Cities and Chicago.The Commission's long-range vision is that the Second Train demonstrates demand for additional passenger rail service that leads to further investment in faster,safer more frequent passenger rail service. Commission Goals •To increase transportation alternatives by expanding passenger rail service between the Twin Cities and Chicago,serving three cities in Minnesota and 13 cities in total. •To increase freight rail capacity along the corridor. •To bolster economic development in the state of Minnesota,especially in the Minnesota portion of the corridor between the Twin Cities and La Crescent. •To increase safety for rail and highway users. Commission Role The commission seeks to accomplish its goals through: •Actively supporting project development as a financial partner. •Coordinating with the Minnesota Department of Transportation and other entities responsible for project development to ensure accountability. •Advocating for projects with local,state and federal governments. •Implementing a Strategic Communications Plan to raise awareness with River Route stakeholders. History of the Commission The Great River Rail Commission was originally known as the Minnesota High Speed Rail Commission (Commission). The Commission was a joint powers board established in 2009 under Minnesota Law that enabled the member X-E-02 parties to cooperatively advocate for,analyze the feasibility,environmental impacts,engineering,construction,and operation of an integrated rail transportation system in the Minnesota High Speed Rail Corridor that included passenger,high speed,commuter,and freight rail along with its associated land use and development impacts.In 2010,the Minnesota Department of Transportation (MnDOT)began work on a Tier 1 Environmental Impact Statement (EIS)for a high-speed passenger rail connection to Chicago,Illinois.The work included evaluation of route alternatives,preliminary conceptual engineering of needed capital improvements and simulations of operating up to six round-trips daily.Later in 2010,Wisconsin Governor Scott Walker rejected $800 million in federal stimulus funds intended to develop a high-speed rail connection between Milwaukee and Madison,Wisconsin.Work continued the Tier 1 EIS until 2017 when Minnesota legislators blocked the acceptance of federal fundingto continue the study. In 2015,Amtrak announced the completion of a feasibility study evaluating the addition of one round-trip passenger train between Chicago and the Twin Cities,travelling at conventional speeds of up to 79 miles per hour along the current Amtrak Empire Builder route.The study found that one additional round-trip could attract approximately 155,000 riders annually and was recommended for further study.With funding provided by Ramsey County Regional Railroad Authority,Wisconsin Department of Transportation and the La Crosse Area Planning Committee,work began in 2016 on the Twin Cities-Milwaukee-Chicago Intercity Passenger Rail Service Phase 1 Study.This study evaluated several service alternatives to determine how the additional round-trip can be operated most efficiently with freight trains on the Saint Paul to Chicago corridor and integrate with the Hiawatha schedule between Milwaukee and Chicago.The draft final report found that with infrastructure improvements near Winona,MN,La Crosse,Wl,and Columbus,Wl,two service alternatives could be implemented with no impact to rail freight traffic. The Commission has shifted its focus away from high-speed passenger rail and actively supported the Twin Cities- Milwaukee-Chicago Intercity Passenger Rail Service Phase 1 Study.In July 2017,theJoint Powers Agreement was amended to clarify the Commission's purpose as an advocacy organization that supports rail analysis and research for faster and more frequent passenger train service to Chicago,to revise its dues structure,and to memorialize the identification of the current membership. In fall 2018,the Minnesota High-Speed Rail Commission began the process of changing its name to the Great River Rail Commission to better fit its mission and purpose.The Commission voted on the name change inJanuary 2019; the formal name change process was completed by an amendment to the Commission by-laws in September 2019. Milestones •September 2019,Commission changes its name to the Great River Rail Commission to better fit its mission and purpose. •December 2019 -MnDOT completes Phase 1 of TCMC Second Train study. •July 2016 -MnDOT kicks off the Twin Cities-Milwaukee-Chicago Intercity Passenger Rail Service Study (Phase 1),and La Crosse Area Planning Committee joins the MN High-Speed Rail Commission. •July 2015 -Amtrak Feasibility Study of adding a second daily round trip is completed finding that additional service between Saint Paul and Chicago shows promise. •November 2011 -Alternatives Selection Report completed leading to selection by the Federal Railroad Administration and MnDOT of the River Route as the preferred route for high-speed rail between the Twin Cities and Chicago. •June 2009 -Minnesota High-Speed Rail Commission formed. Annua!Reports Meeting Documents Each year the Great River Rail Staj ntonallti .tiring nd informant Commission releases an annual report onmeetings surroundingGreat River Rail, activities around the project’s development and other relevant UpcomingMeetings passenger rail information.2024 MeetingSchedule X-E-02 Great River Rail Commission A Solid Commitment: The Great River Rail Commission is one of the leading voices on passenger rail in Minnesota.Made up of officials from local and regional governments from Saint Paul to La Crosse,the Commission advocates for passenger rail options along the Mississippi River Route,connecting the Twin Cities with Milwaukee and Chicago.The Commission's long range vision is that the Borealis train,launched in 2024,demonstrates demand for further investment in faster, more frequent passenger rail service. Vice-Chair Chris Meyer cmeyer@co.winona.mn.us Winona County Commissioner Susan Betcher susan.betcher@co.goodhue.mn.us Goodhue County Commissioner (Alternate)Linda Flanders Linda.flanders@co.goodhue.mn.us Goodhue County Executive Director Bob Gollnik rgollnik@lacrossecounty.org La Crosse Area Planning Committee Transportation Planner (Alternate)Erin Duffer eduffer@lacrossecounty.org La Crosse Area Planning Committee Commissioner Rafael Ortega Rafael.e.ortega@co.ramsey.mn.us Ramsey County Commissioner (Alternate)Bob Walkes bwalkes@co.wabasha.mn.us Wabasha County Commissioner Cheryl Key ckey@co.wabasha.mn.us Wabasha County Public Works Director Ryan Burfeind rburfeind@cottagegrovemn.gov City of Cottage Grove Councilmember Monique Garza Mgarza@cottagegrovemn.gov City of Cottage Grove Member Not Appointed City of Goodview Councilmember Dave Pemble dpemble@hastingsmn.gov City of Hastings Mayor Mark Nichols MNichols@ci.lake-city.mn.us City of Lake City Mayor Laurie Elliott lelliott.newport@gmail.com City of Newport Commissioner Daniel Derudder Daniel.derudder@piic.org Prairie Island Indian Community Mayor Mike Wilson Mike.wilson@ci.red-wing.mn.us City of Red Wing X-E-02 Commissioner Karla Bigham karla.bigham@co.washington.mn.us Washington County Commissioner (Alternate)Michelle Clasen Michelle.Clasen@co.washington.mn.us Washington County Commissioner (Alternate)Marcia Ward mward@co.winona.mn.us Winona County Councilmember Wayne Getz wm4grand@hbcsc.net City of Saint Charles Councilmember Rebecca Noecker ward2@ci.stpaul.mn.us City of St.Paul Councilmember Tim Conrad tconrad@stpaulpark.org City of St.Paul Park Mayor (Alternate)John Schaber jschaber@stcharlesmn.org City of Saint Charles Member Not Appointed City of Utica Supervisor John Plehal johnplehal.wacoutatownboard@gmail.com Wacouta Township Councilmember Steve Young syoung@ci.winona.mn.us City of Winona Councilmember (Alternate)Pam Eyden peyden@ci.winona.mn.us City of Winona X-E-02 TO:Great River Rail Commission FROM:Staff DATE:August 29,2024 RE:Final 2025 Work Plan and Budget. ACTION:Approval Page |25 Agenda Item #8 The Commission discussed a draft 2025 Work Plan and Budget at its June meeting.The Commission has typically been focused on advocating for funding and support of the Twin Cities-Milwaukee-Chicago Second Train.That service is up and running as the Borealis service and no new passenger rail projects in the River Route are underway,so the Commission's focus will shift toward promoting the Borealis service and watching the development of future routes:-Working with area business roundtable groups to promote passenger trains as convenient and affordable access to their communities. Developing a "speakers bureau"of Commission members and staff who are willing to make presentations to civic groups and others to share information and promote the Borealis service. Monitoring the Borealis quality of service,including support for local funding requests to improved infrastructure along the route and in and around stations,and provide community-level service suggestions to the states and Amtrak. Staying informed about several federal planning grants to develop additional passenger rail service that were awarded to Minnesota and Wisconsin. Following progress on the possible development of Long-Distance Service Study released by the Federal Railroad Administration in February 2024. The 2025 Work Plan and Budget includes:•More funds for materials,as the banners,fact sheet and pocket cards distributed at events are dated. •No funding for lobbying as there are no pressing legislative issues at this time.•Funding for communications and community outreach described in the work plan. •Funds for liability insurance estimated at 125%of the previous year amount,and •Contingency amount of 5%. At the May Commission meeting,staff was asked whether the fund balance amount of $11,424 could be applied to the 2025 budget to reduce the dues applied to the Financial Parties.Staff has prepared a budget that does apply the fund balance to offset dues for 2025,in addition to one that does not. 15 W.KELLOGG BLVD.,SUITE 210,ST.PAUL,MN 55102 •651-266-2790 •WWW.GREATRIVERRAIL.ORG X-E-02 Page |26 Great River Rail Commission 2025 Work Plan and Budget •Passenger and Freight Rail Advocacy Activities The Great River Rail Commission (Commission)will work with the Minnesota Department of Transportation,Amtrak,state and local government stakeholder partners,and others to continue the advancement and development of more frequent and faster passenger train service between Chicago and Saint Paul along the Borealis and Amtrak Empire Builder passenger rail corridor.To accomplish this,the Commission will do the following: •Facilitate meetings of the Business Roundtable groups in the Twin Cities,Red Wing,Winona,and La Crosse to assist in their development into a marketing and advocacy subcommittee to the Commission. •Monitor the quality of the Borealis service perhaps through the development of a dashboard of information regarding on time performance and other measures of service quality. •Monitor progress,offer guidance and provide a means for public engagement on the development and implementation of other passenger rail service initiatives and studies that would add service in the Borealis and Amtrak Empire Builder passenger rail corridor. •Monitor progress and offer guidance on freight rail studies that impact the Borealis and Amtrak Empire Builder passenger rail corridor and rail activities in the United States that could have an impact on the Borealis service. •Provide comments on the draft Minnesota State Rail Plan during its update cycle. General activities will be led by Commission staff working with agency staff to advise the Commission on when its involvement is needed. •Legislative Advocacy and Coordination As needed,the Commission will continue to develop policy positions and work cooperatively with the Minnesota Department of Transportation and other passenger rail stakeholders to continue the advancement and development of more frequent and faster passenger train service in Borealis and Amtrak Empire Builder passenger rail corridor. To accomplish this,the Commission will do the following: •Lobby the Minnesota legislature and the Governor's Office in support of Minnesota Department of Transportation passenger rail project and program funding requests and policy initiatives,or to write separate bills. •Develop advocacy materials and messaging to support Minnesota Department of Transportation passenger rail project and program funding requests and policy initiatives,or separate bills written by the Commission.•Lobby the Minnesota legislature and Governor's Office in opposition to funding cuts or policy initiatives that could be detrimental to the Commission's position on passenger rail in the Borealis and Amtrak Empire Builder passenger rail corridor.•Attend legislative hearings and arrange for Commission members to testify. •Advocate for rail crossing improvements and other improvements that improve speed,safety and reliability of passenger and freight trains.•Advocate for customer service staff and capital investments at stations to provide a better customer experience. 15 W.KELLOGG BLVD.,SUITE 210.ST.PAUL,MN 55102 •651-266-2790 •WWW.GREATRIVERRAIL.ORG X-E-02 Page |27 •Coordinate lobbying efforts and advocacy efforts with government affairs staff from the Minnesota Department of Transportation,Amtrak,state and local government stakeholder partners,and others. •Consider membership in similar advocacy organizations such as the Midwest Interstate Passenger Rail Commission and Rail Passengers Association. Advocacy and legislative coordination activities will be led by Commission staff working with the Chair to identify which items merit Commission involvement.If Commission involvement is merited and time allows,the items will be brought to the Commission for discussion.If time does not allow,the Chair will determine whether the Commission shall be involved.In all instances,the Chair shall be the first option as spokesperson for the Commission. •Public Engagement The Commission's public engagement activities will be developed to promote and increase public awareness of the Borealis and any future phases of work,the larger Midwest Regional Rail Plan as it connects to and complements passenger rail service in the Borealis and Amtrak Empire Builder passenger rail corridor,and the importance of investing in more frequent and faster passenger rail service.These activities will be separate from but often coordinated with the public engagement activities by Minnesota Department of Transportation,Amtrak and others.Specific Commission activities will include:•Promote awareness of the Borealis service to boost ridership. •Promote the implementation of proposed passenger rail service in the Borealis and Amtrak Empire Builder passenger rail corridor that is shown in the Federal Railroad Administration's Midwest Regional Rail Plan,Amtrak's Connects US plan and the Federal Railroad Administration's Long-Distance Service Study. •Maintain a Commission website and social media channels.Send e-newsletters to a list of key stakeholders and news releases to media. •Develop advocacy materials for distribution to legislators,key stakeholders,and the public. •Revise the Strategic Communications Plan as needed. •Assist in planning and holding special events,including presentations to civic and community groups throughout the. •Support for similar organizations (e.g.All Aboard Minnesota). •Media recognition of Commission meetings and events through print,radio,and public access television. Public engagement activities will be led by Commission staff working with the Commission's public communications consultant.Public engagement strategies will continue to be discussed with the Chair before being brought to the Commission. •Management,Policy,and Administrative Activities Commission activities will include but not be limited to the following: •Prepare and adopt the 2026 Work Plan and Budget. •Review insurance needs and procure appropriate insurance. •Provide Commission and staff administration.•Manage Commission finances and expenses. Management,policy,and administrative activities will be led by Commission staff.The deliverables will continue to be brought before the Commission for their approval. 15 W.KELLOGG BLVD.,SUITE 210,ST.PAUL,MN 55102 •651-266-2790 •WWW.GREATRIVERRAIL.ORG X-E-02 Page |28 2025 Budget/Expenditures Expenditure Category Amount Advocacy and Legislative Coordination -Materials $1,500 -Special Events/Mileage 1 $250 Subtotal $1,750 State Legislative Lobbying $0 Public Communications Assistance -Implement 2025 GRRC Work Plan $35,000 Management/Administration -Insurance $1,250 Contingency $2,000 Total $40,000 1 Travel to out of state events/conferences would be the responsibility of each individual member. Note:Multiple Financial Parties currently have contracts with federal and state lobbyists.These lobbyists may provide federal and state lobbying services as an in- kind contribution of the Financial Party members to the Commission. Note:As of August 28,2024,the Commission has $32,500.41 available in unspent revenue.This amount will be reduced by expenses incurred through December 31, 2024. 15 W.KELLOGG BLVD.,SUITE 210,ST.PAUL,MN 55102 •651-266-2790 •WWW.GREATRIVERRAIL.ORG X-E-02 Page |29 2025 Dues Revenue without offset Revenue Source Amount Federal Appropriations $0 State Appropriations $0 Financial Party Percentage 1 2025 Contribution Goodhue County 11.5%$4,600 La Crosse Area Planning Committee 14.7%$5,880 Ramsey County 41.0%$16,400 Winona County 12.9%$5,160 Wabasha County 4.7%$1,880 Washington County 15.2%$6,080 Total Dues Contributions 100.0%$40,000 1 Per the Amended and restated Joint Powers Agreement (adopted 2017)and rounded to the nearest tenth,the Financial Parties'contribution is based on the following formula:50%based on the proportionate share of population among all Financial Parties;10%based on the proportionate share of corridor mileage among all Financial Parties;31%based on the location of existing or planned high speed passenger rail stations within the Financial Parties'jurisdiction;and 9%allocated equally among the Financial Parties. 15 W.KELLOGG BLVD.,SUITE 210,ST.PAUL,MN 55102 •651-266-2790 •WWW.GREATRIVERRAIL.ORG X-E-02 Twin Cities-Milwaukee-Chicago I TCMC SECOND TRAIN Intercity Passenger Rail Service Project I OPERATING FUNDS REQUEST What is it? The Twin Cities-Milwaukee-Chicago Intercity Passenger Rail Service (TCMCSecond Train)is a proposed daily roundtrip passenger train between theTwinCities andChicago along the existing Amtrak EmpireBuilder route.Service may begin as soon as 2023.TheWisconsin Department of Transportation is theproject developmentlead,in association with theMinnesota andIllinois Departments of Transportation. 2023 Minnesota Legislative Request for TCMC Second Train,and Governor'sBudget Recommendations •$893,200 in FY24 for operating costs •$2,258,000 in FY25 for operating costs •$1,920,000 for capital improvements due to inflation ($940,000 in FY24,$980,000 in FY25) Governor's Budget Recommendations FY24 FY25 TCMC Operating Expenditure $893,200 $2,258,000 TCMCCapital Expenditure $940,000 $980,000 Source:Governor WalzTransportation 2024-25 Biennial Budget Recommendations,p.42,43 Notes •Capital funds needed dueto inflation -steel up 40%, switchesand signals up 25-40%. •Minnesota and Wisconsin areinnegotiation with Illinoisto pay 20-30%of annual operating costs. •Federal Restoration Enhancement Grant,already awarded, pays for 90%of operating costs in FY24,and 80%in FY25,up to a totalof $12,569,200. •A new Federal Restoration EnhancementGrant applicationis in process -it would pay aportion of operating expenses for approximately 3 additional years. •Amtrak will operatethe service and will leaserefurbished locomotives andcoaches to thestates revenues are unknown. •Anticipated service start dateislate 2023. •Fare revenue is expected to cover approximately 50%of operating cost when service begins Previous Funding Commitments •$53 millionfortrackandsignalcapitalimprovements,including$31.8millionfromthe federal government,$10 million fromMinnesota, $6.2millionfrom Wisconsin,$5 millionfrom Amtrak -funding providedbystates isproportionalto theamount ofconstructionin each state •$12,569 million for startup operatingcosts from thefederalgovernment •Capital upgrade ofthe Winona station platform from Amtrak ProducedbytheGreatRiverRailCommission.GreatRiverRail.org |info@GreatRiverRail.org |(651)266-2790 |www.dot.state.mn.us/passengerrail X-E-02 Project Benefits •Create jobs and generate economic growth •Provide safe,reliable,relaxing,productive,affordablealternativetodrivingorflying •Improve access to tourism,colleges,events,and more! •Improve freight trainspeed and efficiency •Improve safety at roadway crossings Support for TCMC Second Train •Fundingpartners:The Federal Railroad Administration, Amtrak,Ramsey County Regional Railroad Authority and the La Crosse Area Planning Committee •Canadian Pacific Railway,which owns the tracks to be used by the service,fully supported thefederal grant application forrail infrastructure improvements •Amtrak,which will operate the service •The States ofMinnesota,Wisconsin and Illinois AND CHICAGO •The FederalRailroad Administration •The Great River Rail Commission,16 counties,cities and planning agencies along the MississippiRiver Route •Multiple business organizations,businesses,community organizations,andadvocacy groupsthroughoutthe River Routeand thestate CONSTRUCTION SCHEDULE Construction Begins TCMC ServiceBegins PublicInvolvement Meeting WINONA,MN PublicInvolvement Meeting LA CROSSE,Wl X-E-02 St.Paul Red Wing TomahWinona La Crosse Wisconsin DellsNNESOTA ColumbusIOWA14 Milwaukee Milwaukee Ai WISCONSIN Sturtevant ILLINOIS Glenview Chicagc Minnesota Wisconsin Illinois id markers reflect major metropolitan city stations (left) oiler intermediate city stations (right). 4 CITIES-MILWAUKEE-CHICAGO RCITY PASSENGER RAIL SERVICE :STATIONS* X-E-02 AMTRAK'S BOREALIS (TWIN CITIES-MILWAUKEE-CHICAGO According to the GTFS data,this was intended tobevalid from 2024-05-21 through 2024-10-04.Always check Amtrak.com for precise times for your exact dateof travel.Timetables may change for holidays,special events,construction projects,and other reasons. Train #1333 Train #s7/27 Mile &Station Train #s8/28 Train #1340 Borealis EmpireBuilder EmpireBuilder Borealis Daily Daily Daily Daily ReadDown Read Down ReadUp Read Up Dp 1 1:05A 3:O5P[ft 0 6,CHICAGO,IL(CHI)-UnionStation W-; 4:45P(ft Ar 7:14P 1 1:27A R 3:29P 18 &Glenview,IL(GLN)M£U&\D 4:12P 6:46P 12:05P 63 &Sturtevant,Wl {SVT)6:08P 12:19P 78 &Milwaukee,Wl(MKA)-GeneralMitchell AirportTrains 5:55P Ar 12:34PDp12:39P R 4:45Pfh 86 &MILWAUKEE,Wl (MKE)-Downtown HOP D 2:57PiQ Dp 5:45PAr5:40P 1:41P 5:55P(ft 151 &Columbus,Wl (CBS)1:47P(Q)4:26P 2:13P 6;24P 179 &Portage,Wl(POG)1:17P 3:58P 2:33P 6:42P 196 &Wisconsin Dells,Wl(WDL)12:58P 3:40P 3;17P 7:20P 241 &Tomah,Wl(TOH)12:16P 2:57P 3:58P 8:04PO 282 &La Crosse,Wl(LSE)11:37A(ft 2:16P ArDp 4:36P 8:34P[ft8:40P 309 &Winona,MN(WIN)11:01Alft10:54A Dp 1:40PAr 5:40P 9:42P 372 &RedWing,MN (RDW)9:44A 12:35P Ar 6:29P 10:56P(ft 411 1 ST.PAUL-MINNEAPOLIS,MN(MSP) -UnionDepot METRO 8:50Aift Dp 11:50A Train #7 to Seattle Train #8 fromSeattle Train #27 to Portland Train #28 fromPortland &Platform and trainareaccessibletopeopleinwheelchairs —somestationservicesmay not be accessible. Platform and trainare not accessible topeoplein wheelchairs. (fil Checkedbaggageserviceavailable D Stops only to discharge passengers (mayleavebeforetimeshown) R Stops only to receivepassengers TZ Time zone:ET(EasternTime),CT (CentralTime),MT (MountainTime),or PT(PacificTime) Connecting trainsprovidedby:N&I&.Metra HOP The Hop streetcar METRO MetroTransit light rail This timetableisnot an official Amtrak product.Thistimetableis provided AS IS.No warranties are provided andallwarrantiesare disclaimed.It was produced as apublic service by Christopher Juckins https://juckins.net forRail Passengers Association,basedonGTFSdatareleasedtothepublic by Amtrak.and onotherdatasources. Timetable generatedon2024-05-08 by timetable_kit (https;//github.com/neroden/timetable„kit ).Material from timetable_kitinthistimetableissubject tothe CreativeCommonsCC-BY-4.0 license. Timetable_kit was written by NathanaelNerode.If you appreciate this timetable,please wear an N95 or Pl00 mask on the train.Nathanael's family is immunocompromisedandcan't take the train unless you wear masks. RAIL PASSENGERS ASSOCIATION X-E-02 VI-04 City Council Memorandum To:Mayor Hicks &City Council Members From:Melanie Mesko Lee,City Administrator Date:April 12,2017 Item:Minnesota High Speed Rail Commission Updated Joint Powers Agreement Council Action Requested: Approve a resolution and updated Joint Powers Agreement for the Minnesota High Speed Rail Commission.Hastings is a non-financial party to this collaborative. Background Information: From the commission's website (www.mnhiqhspeedrail.com): The Minnesota High-Speed Rail Commission is one of the leading authoritative voices on high-speed rail in Minnesota.Comprised of local elected officials,the Commission advocates for the development of Minnesota's first high-speed rail line within the federally designated high-speed rail corridor that connects the Twin Cities to Milwaukee and Chicago.The Commission is a strong proponent of bringing high-speed rail to the Midwest through the scenic upper Mississippi River valley.The Commission is a strong advocate of the TCMC Second Train.It's a first step towards a vision of faster, expanded service along the same route. About the Project Six to eight round-trip high-speed trains each day are envisioned between the Twin Cities,Milwaukee and Chicago along the existing Amtrak Empire Builder route.This expanded service is intended to provide a transportation alternative for business and leisure travelers who currently take more than 10 million trips annually by train,car and plane.Service would be expanded incrementally,beginning with a second round-trip passenger train,and increase as tracks are upgraded.Up to a dozen stations would serve a projected 2030 ridership of 1.7 million trips. The current Minnesota High-Speed Rail plan includes Hastings as a route in which passing trains will travel through but not stop in our downtown.Our city officials need to make sure safety is a number one priority.Councilmember Vaughan is the City's representative on this commission. X-E-02 Financial Impact:None Advisory Commission Discussion:N/A Council Committee Discussion:N/A Attachments:•Resolution•Updated Joint Powers Agreement VI-04X-E-02 VI-04 RESOLUTION 04--17 WHEREAS,The Minnesota High Speed Rail Commission (Commission)is a joint powers board under the provisions of Minnesota Statutes Section 471.59 and Chapter 398A and; WHEREAS,The Commission is established by a Joint Powers Agreement by and between Dakota County Regional Railroad Authority,Goodhue County Regional Railroad Authority,Ramsey County Regional Railroad Authority,Wabasha County Regional Railroad Authority,Winona County Regional Railroad Authority,La Crosse Area Planning Committee, City of Cottage Grove,City of Goodview,City of Hastings,City of Lake City,City of Red Wing,City of Saint Charles,City of Saint Paul,City of Saint Paul Park,City of Utica,City of Wabasha,City of Winona;and WHEREAS,The Commission is working to establish the Twin Cities-Milwaukee- Chicago second daily round-trip passenger train along the current Amtrak Empire Builder route in Minnesota (River Route),serving the current station stops in between;and WHEREAS,The Commission is working to establish high-speed intercity passenger rail service between Chicago and Saint Paul along the River Route,the federally designated high speed passenger rail route;and WHEREAS,The Commission voted to amend the Joint Powers Agreement to clarify the Commission’s purpose as an advocacy organization that supports rail system analysis and research to better advocate for rail system investments in the River Route;and WHEREAS,The Commission voted to amend the Joint Powers Agreement to remove commuter rail stations from the funding formula and to provide direction in adjusting the funding formula should a Financial Party withdraw from the Commission;and WHEREAS,The Commission voted to amend the Joint Powers Agreement to include Metropolitan Planning Organizations as eligible Financial Parties and allow the appointment of tlie executive director as its representative to tire Commission;and WHEREAS,The Commission voted to amend the Joint Powers Agreement to include its current member Parties and provide for a means to add new member Parties. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HASTINGS,the Council approves the Amended and Restated Minnesota High Speed Rail Commission Joint Powers Agreement and authorizes the Chair and Chief Clerk to execute the Agreement. ADOPTED this 17th day of April,2017. Paul J.Hicks Julie Flaten Mayor City Clerk X-E-02 VI-04 AMENDED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THEMINNESOTAHIGHSPEEDRAILCOMMISSION THIS AMENDED AND RESTATED JOINT POWERS AGREEMENT ("Amended JointPowersAgreement"),is entered into by and between the undersigned Regional RailroadAuthorities,Cities,and Metropolitan Planning Organizations,all being governmental units, pursuant to the authority contained in the Minn.Statutes§§471.59 or 398A. RECITALS A.The Minnesota High Speed Rail Commission Joint Powers Agreement (Agreement)was adopted and executed by the member Parties in 2009. B.The Agreement was amended to include the La Crosse Area Planning Committee,a Metropolitan Planning Organization,as a Financial Party in 2016. C.The Minnesota High Speed Rail Commission agreed to revisit the Agreement to clarify its mission,definitions of membership and funding formula. NOW THEREFORE in consideration of the foregoing Recitals and other technical corrections,the High Speed Rail Commission Joint Powers Agreement is amended and restated in its entirety as follows: WITNESSETH WHEREAS,the Minnesota High Speed Rail Corridor (Corridor)is defined as a Canadian Pacific Railway corridor from La Crescent to the Union Depot in St.Paul,Minnesota traveling along the Mississippi River;and WHEREAS,the Minnesota High Speed Rail Corridor will connect Minnesota to Chicago,and the greater Midwest Regional Rail System,a 3,000 mile,nine-state high speed rail network advocated for by the Midwest Interstate Passenger Rail Commission (MIPRC),and WHEREAS,the MIPRC estimated that connecting Minnesota to the Midwest Regional Rail System would generate over 1,500 permanent jobs and $1.2 billion in user benefit to Minnesota,and WHEREAS,the identified economic benefits will not be achieved without high speed rail, and WHEREAS,there are opportunities to build upon these economic benefits via a variety of rail transportation improvements to the Corridor,including passenger rail and high speed rail,and X-E-02 VI-04 WHEREAS,investments in the Corridor provide the opportunity to simultaneously advance other rail projects,and WHEREAS,the implementation of rail improvements allows for the maximization of public resources,and WHEREAS,the communities along the Corridor wish to collaboratively plan for the multiple rail transportation improvements and for the related land use and development impacts to maximize the public investment. NOW,THEREFORE,in consideration of the mutual promises and benefits that each party shall derive here from,the parties agree as follows; ARTICLE L DEFINITIONS Unless the context otherwise requires,the terms defined in this section shall for all purposes of this agreement have the meanings herein stated: Agreement means this Amended Joint Powers Agreement as it now exists and as it may hereafter be amended. Alternate means the individual appointed to the Commission as provided in Article 4 of this Agreement as a substitute to the appointed Member. Commission (Minnesota High Speed Rail Commission)shall mean the joint powers board herein established. Party shall mean any Regional Railroad Authority,City or Metropolitan Planning Organization identified in Article 6 of this Agreement as eligible to participate in this Agreement and which approves and executes this Agreement. Financial Party shall mean any Regional Railroad Authority or Metropolitan Planning Organization identified in Article 6 of this Agreement that has approved and executed this Agreement and is financially contributing to the Commission. Minnesota High Speed Rail Corridor shall be defined as the Canadian Pacific Railway corridor from La Crescent to the Union Depot in St.Paul,Minnesota traveling along the Mississippi River. Passenger Rail shall mean an electric or diesel powered railway that connects multiple regions and the cities in between.Service is focused on moving people between regional centers at speeds not exceeding 90 miles per hour. X-E-02 VI-04 High Speed Rail shall mean an electric or diesel powered railway that travels in excess of 90 miles per hour and connects metropolitan regions together. Member shall mean an individual appointed to the Commission as provided in Article 4 of this Agreement. Quorum shall consist of a majority of the Financial Parties to this Agreement as defined inArticle6thathaveapprovedandexecutedthisAgreementandatleasttwocitiesthathave approved and executed this Agreement or as otherwise defined in the Bylaws. Host Railroad shall mean the owner of the railroad track upon which Passenger Rail,or High Speed Rail will travel. ARTICLE 2.PURPOSE The purpose of this Agreement is to form a Joint Powers Board under the provisions of Minnesota Statutes Section 471.59 and 398.A to enable the Parties to cooperatively advocate for,and analyze the feasibility of,enhanced rail transportation options and an integrated rail transportation system in the Minnesota High Speed Rail Corridor that includes passenger,high speed,and freight rail along with associated land use and development impacts.To accomplish these activities the Joint Powers Board may acquire and manage federal,state,and local funding in conjunction with the Minnesota Department of Transportation,Metropolitan Council,La Crosse Area Planning Committee,and the Wisconsin Department of Transportation and the performance of any responsibilities delegated by the Commissioner of Transportation,Chair of the Metropolitan Council,Chair of the La Crosse Area Planning Committee,and/or the Secretary of Transportation subject to the conditions that sufficient funds are received. The Parties will communicate and coordinate the Commission's activities as necessary with Canadian Pacific Railway,Burlington Northern Santa Fe Railway,Union Pacific Railway, Amtrak,state agencies,counties,municipalities,the Federal Railroad Administration,other regulatory,planning,and funding agencies,tribal authorities,and other stakeholders for advancement of the Commission's purposes, ARTICLE 3.TERM This Agreement shall be effective (the Effective Date)and the joint powers board established herein may commence exercising the powers authorized in this Agreement on the date that the Agreement has been approved by resolution and duly executed by two (2) Financial Parties by action of their governing boards.This Agreement shall remain in full force and effect until terminated by the Parties pursuant to Article 10 of the Agreement. ARTICLE4.JOINT POWERS BOARD X-E-02 VI-04 A.There is hereby created a Joint Powers Board as a public entity;to be known as the Minnesota High Speed Rail Commission.The Commission shall be an entity separate from its member Parties and shall not be deemed an agent or partner of the member Parties and the member Parties shall not be liable for the actions of the Commission.The Commission shall have full authority to exercise all powers stated herein. B.The Commission shall consist of one Member and one Alternate appointed through resolution by each Party.Each Member or Alternate from a county railroad authority or city must be a member of the governing body,commission,or council which appoints him or her,and must remain so during his or her term. Metropolitan Planning Organizations may appoint their Executive Director as their Member or Alternate in place of a member of their governing body. C.Each Member and Alternate shall be appointed for one-year terms,beginning January 15,by resolution of the governing body,commission,or council.In the event that any Member or alternate shall not have been appointed by January 15 inanyyear,the incumbent Member shall serve until a successor has been appointed. Removal of any Member or alternate during the term for which the Member has been appointed may be done at any time,but shall be done only by resolution of the appointing governing body,commission,or council. ARTICLES-VOTING Board voting shall be as follows:Each Financial Party receives three (3)votes and each Party that is a non-Financial Party receives one (1)vote. A.In the event that the appointed Member is not present at a meeting,their alternate may cast all of their Party’s allocated votes.Alternates must be present at the Commission meeting to cast their Party’s vote(s). B.All actions of the Commission require both a simple majority vote of the Parties present and a simple majority vote of the Financial Parties present.However,for all actions involving the expenditure of funds and adoption of the budget,a simple majority of the whole Commission plus a super majority vote of all Financial Parties is required.A super majority vote is defined as at least 2/3 of the Financial Parties. ARTICLE 6.PARTIES Membership on the Commission is open to governmental units as defined in Minn.Stat. Sections 471.59 or 398A,that are in or near the Minnesota High Speed Rail Corridor as defined in Article 1.The governmental units that are eligible for participation in the Commission upon adoption of this Agreement by their respective governing body are: A.Financial Parties: a.Dakota County Regional Railroad Authority——- I X-E-02 VI-04 b.Goodhue County Regional Railroad Authority c.Ramsey County Regional Railroad Authority d.Wabasha County Regional Railroad Authority e.Winona County Regional Railroad Authority f.La Crosse Area Planning Committee,a Metropolitan Planning Organization B.Non-Financial Parties: a.City of Cottage Grove b.City of Goodview c.City of Hastings d.City of Lake City e.City of Red Wing f.City of St.Charles g.City of St.Paul h.City of St Paul Park i.City of Utica j.City of Wabasha k.City of Winona C.Following the initial term,Commission Members terms shall commence on January 15 of a calendar year and end on January 14 of the next succeeding year,or until asuccessorisappointed. ARTICLE 7.POWERS OF COMMISSION The Commission has such authority as is necessary and proper to make all decisions tocarryoutitspurposeasdescribedinArticle2.Such powers shall be subject to the provisions of Minn.Stat §471.59 and 398.A and will include,but not be limited to,any or all of the following powers to the extent provided by law or not otherwise limited by this Agreement. A.Adopt an annual budget,together with a statement of the sources of funding and an estimated amount required of each Financial Party. B,For the purpose of advocacy and analysis as established and as provided in Article 2 above,enter into transactions,including contracts or leases,required in furtherance of this Agreementand statutory mandate,and enforce such transactions to the extent available in equity or at law.The contracting and purchasing requirements oftheCommission's designated fiscal agent as identified in Article 9 E shall apply hereto.The Commission may approve any contract relating to this Agreement up to the amount approved in the annual budget,and may authorize the Chair of the Commission to execute those contracts. C.The Commission shall have the power to adoptsuch by-laws that it may deem necessary or desirable for the conduct of its business.Such by-laws shall be X-E-02 VI-04 consistent with this Agreement and any applicable laws or regulations.The by-laws may provide for the appointment by the Commission of ex-officio,non-voting members to the Board,including but not limited to the appointment of representatives from the Prairie Island Indian Community to serve as ex-officio non¬ voting members,and may establish such conditions as it deems appropriate for such appointment.Approval of the by-laws shall be in accordance with Article 5 of this Agreement. D.Apply for and accept gifts,grants,and loans of money,other property,or assistance from the United States government,the State of Minnesota and its political subdivisions,the State of Wisconsin and its political subdivisions,the Prairie Island Indian Community,or any person,corporation,partnership,association,or agency, public or private for any of its purposes;enter into any agreement in connection therewith,to hold,use and dispose of such money,other property,and assistance in accordance with the terms of the gifts,grants,or loans relating thereto. E.Acquire and hold personal property as may be required to accomplish the advocacy and analysis purposes of this Agreement as established and as provided in Article 2 above,and,upon termination of this Agreement,make distribution of such propertyasisprovidedforinthisAgreement. F.Employ agents and employees,and to fix the compensation and all other terms and conditions of employment thereof. G.Incur debts,liabilities,or obligations which do not constitute a debt of any of the parties.The Joint Powers Board does not have authority to incur debts,liabilities,or obligations which constitute a debt of any of the parties. H.For the purposes of advocacy and analysis as established and as provided in Article 2 above,enter into agreements and non-binding memoranda of understanding between the Commission and the Prairie Island Indian Community,Host Railroads including Canadian Pacific Railway,Burlington Northern Santa Fe Railway,Union Pacific Railway,and Amtrak in accordance with applicable law. I.Sue and be sued in its own name. J.Purchase such insurance in its own name as the Commission deems necessary K.The Commission agrees to indemnify and defend any Party against any and all liability,costs,damages,and expenses sustained or incurred by the Party pursuant to this agreement.Furthermore,pursuant to Minnesota Statute 471.59 subd la.,the Parties and each one of them hereby affirmatively declare that they will not be responsible for the acts or omissions of any other Party under this agreement. All powers granted herein shall be exercised by the Commission in accordance with the legal requirements applicable to the regional railroad authorities. 6 1 X-E-02 VI-04 ARTICLE 8.OFFICERS,EMPLOYEES,AND SERVICES A.Chair and Vice-ChairTheCommissionshallelect a Chair and Vice-Chair from its membership at its first regular meetingeach year.The Chair and Vice Chair shall consist of at least one Financial Party member.The Chair and Vice-Chair shall be elected by the Commission for a term of one (1)year.The Chair shall preside at all meetings of the Commission,may establish such committees as may be needed from time to time and shall perform other duties and functions as may be determined by the Commission.The Vice-Chair shall assume the duties of the Chair during the absence of the Chair and perform such other duties as may be determined by the Commission.If both the Chair and Vice-Chair are absent,the Commission may elect a temporary Chair to conduct its business,provided a quorum is present. Notwithstanding any other provision of this Agreement,election of a temporary chair shall be by a simple majority vote of the quorum. B,Executive Committee; The Commission may establish an Executive Committee of the Commission consisting of one (1)representative of each Financial Party.The Executive Committee shall develop and make recommendations to the Commission regarding the ongoing responsibilities of the Commission,and shall have such other duties as set forth in the Commission's by-laws. C.Staff Each Party may provide staff support to the Commission,subject to the approval of the Commission. D.Vacancies If an appointment of any Member or alternate is vacated before the end of his or her term,the vacancy shall be filled by appointment by the appropriate Party pursuant to Articles 4 and 6 of this Agreement.Vacancies shall be filled within thirty (30) days of their occurrence.A vacancy shall be deemed to have occurred when any of the conditions specified in Minn.Stat.§351.02 exist. E.Meetings The Commission shall meet at regular intervals at such times and places as the Commission shall establish in its by-laws.Special meetings may be held on reasonable notice by the Chair or any two members upon terms and conditions as the Commission may determine and that conform to the Minnesota Open Meeting Law,Minn.Stat.§13D. F.Committees X-E-02 VI-04 The Commission may establish standing committees of the Commission by providing for such committees by resolution.The Chair may establish ad hoc committees of the Commission. ARTICLED funding; It is understood by the Parties that the activities and duties of the Commission may be funded primarily by grant monies from the United States Government,the State of Minnesota or any other association or agency.The Financial Parties identified in this Agreement agree to contribute funding,to the extent not covered by grant funds,to cooperatively advocate for,and analyze the feasibility of,enhanced rail transportation options and an integrated rail transportation system in the Minnesota High Speed Rail Corridor including passenger,high speed,and freight rail along with the associated land use and development impacts proportionatelyas provided in Article 9 A below. A.Funding Allocation Funding responsibility shall be allocated among the Financial Parties for the purpose of advocating for,and analyzing the feasibility of,enhanced rail transportation options and an integrated rail transportation system in the Minnesota High Speed Rail Corridorincludingpassenger,high speed,and freight rail along with the associated land use and development impacts as follows: 1.50%of the annual operating budget of the Commission shall be allocated among the Financial Parties on the basis of each Financial Party's proportionate share ofthetotalpopulationofallFinancialParties. 2.10%of the annual operating budget of the Commission shall be allocated among the Financial Parties on the basis of each Financial Party's proportionate share of Corridor Mileage for all Financial Parties. 3.31%of the annual operating budget of the Commission shall be allocated based upon high speed rail stations planned to be located within a Financial Party's jurisdiction as follows: A.Ramsey County Regional Railroad Authority a.High Speed Rail i.Union Depot 13% B.Dakota County Regional Railroad Authority a.High Speed Rail i.None 0% C.Goodhue County Regional Railroad Authority a.High Speed Rail i.Red Wing 6% D.Wabasha County Regional Railroad Authority a.High Speed Rail X-E-02 VI-04 i.None 0% E.Winona County Regional Railroad Authority a.High Speed Rail i.Winona 6% F.La Crosse Area Planning Committeea.High Speed Rail i.La Crosse 6% 4.9%of the annual operating budget of the Commission and any other funding requirements shall be allocated among the Financial Parties equally. 5.If a Financial Party withdraws from the Commission,such Financial Party's share of the Funding Allocation as calculated according to this Article 9A shall berecalculatedamongtheremainingFinancialParties.If a Financial Party that hasanallocationasdescribedinArticle9(3)withdraws from the Commission,thesharetotheremainingFinancialPartiesshallberecalculatedascloselytothe existing proportions as possible,rounded to the nearest 1%. 6.All percentages shall be rounded to the nearest .1%.If this rounding results in a total combined percentage from Article 9 (1),(2),(3),and [4]that is over 100% the overage shall be credited to one or more Financial Parties at the discretion of a majority vote of the Financial Parties. 7.Beginning with the budget allocation for the year 2012 and every four years thereafter,the Commission shall update the population estimates and reallocatethefinancialshareofeachFinancialParty. B.Annual Budget For the calendar year next following the calendar year in which the Effective DateoccursandallsubsequentyearsonorbeforeNovember15,the Commission shall establish and approve a budget.Each Financial Party shall be assessed for its proportionate share of the budget according to the schedule above. C.Financial Parties Budget Approval Adoption of the budget shall be in accordance with Article 5 of this Agreement. D.CQntnlnit.io.n DMQ Except for any initial contribution required by this Agreement,assessments made under the provisions of this article shall be paid by each Financial Parties within 60 days of receiving the request for payment by the Commission's fiscal agent. E.Budgeting,Accounting,Fiscal Agent,and OtherService The Commission may contract with any Financial Party to provide contract management,legal review,and budgeting and accounting services necessary or convenient for the Commission and otherwise act as the Commission’s fiscal agent Such services shall include,but not be limited to,management of all funds,including 9| X-E-02 VI-04 contributions and grant monies,payment for contracted services,and relevantbookkeepingandrecordkeeping.The contracting and purchasing requirements of the member so selected shall apply to transactions of the Commission.Such member shall identify the staff person to work as a liaison with the Commission. F.Accountability fenFundsAllfundsshallbeaccounted for according to generally acceptable accounting principles.A report on all receipts and disbursements shall be forwarded to the Commission on an annual basis.The Parties have the authority to request reports pertainingto any and all budgeting and accounting services.All interest earned from established Commission funds shall be credited back to that same fund. ARTICLE 10.WITHDRAWAL AND TERMINATION A.Withdrawal Any Party may withdraw from this Agreement upon 90-days prior written noticeevidencedbyresolutionoftheparty’s governing body to the Commission.In the event of withdrawal by any member Party,this Agreement shall remain in full force and effect as to all remaining Parties. B.Effect pf Withdrawal,Disposition pf Property,Funds,and_Qbligations A Party withdrawing from this Agreement shall,prior to such withdrawal,pay the full amount of any unpaid assessments to the Commission as defined in Article 9.A member Party withdrawing from this Agreementshall not receive a distribution of property or funds until such time as this Agreement is terminated by all Parties pursuant to this Article 10.Such disposition of property shall be in accordance with the provisions of Section D of this Article 10. Any Party withdrawing shall be liable for any assessment in the year in which thewithdrawalbecomesfinalonlyfortheperiodinsuchyearthatthememberParty remains a Party.The Party's assessment shall not exceed the sum of one-twelfth [l/12th]the full assessment multiplied by the number of months or fractions thereof in the year during which the Party remains a Party to this Agreement. C.Termination This Agreement shall terminate upon the occurrence of any one of the following events: a.When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction;or b.When all the Financial Parties agree,by resolution adopted by the respective governing bodies,to terminate this Agreement and all obligations of the Commission shall have been paid or otherwise defeased in full. D.Disposition of Property and Funds X-E-02 VI-04 At such time as this Agreement is terminated,any property interest remaining in the Commission,following discharge of all obligations owed by the Commission,shall be disposed of and the proceeds of the property shall be returned to the member Parties in proportion to their contribution over the life of the agreement. E.Effect of Withdrawal of Financial Party on Budget In the event a Financial Party withdraws,the unpaid assessment allocable to such Party in the year of withdrawal and subsequent years shall be reallocated to the remaining Financial Parties in proportion that the assessment allocations underArticle9(A)hereof bear to each other.Any reallocated assessments to the remaining Financial Parties due to the withdrawal of a Financial Party(ies)are due within sixty (60)days of the reallocation. F.Effect of an Eligible Financial Party not joiningan Budget In the event a Financial Party chooses not to join the Agreement,the financial allocation allocable to such Financial Party in the year of their choosing not to joinandsubsequentyearsshallbereallocatedtotheremainingFinancialPartiesin proportion that theassessment allocations under Article 9(A)hereof bear to each other.Any reallocated assessments to the remaining Financial Parties due to the withdrawal of a Financial Party(ies)are due within sixty (60)days of the reallocation. ARTICLE 11.ADDITION OF NEW PARTIES In addition to the Financial Parties and Non-Financial Parties named in Article 6 above, membership on the Commission is open to governmental units,as defined in Minn.Stat. Sections 471.59 or in 398A,that are in or near the Minnesota High Speed Rail Corridor as defined in Article 1 upon invitation to the prospective Party by the Commission.To join the Commission,Prospective Parties must approve and execute this Agreement as evidenced by a signed resolution provided to the Commission.Upon receipt of the resolution and executed Agreement,the Commission shall recognize the new Party at its next scheduled meeting and recorded in the meeting minutes as the effective date of membership. Upon recognition by the Commission,the new Financial Party will be included in the funding allocation described in Article 9 and a dues assessment will be prepared and sentbytheCommission's fiscal agent.The new Financial Party will be part of subsequent Commission budgets. ARTICLE 12.MISCELLANEOUS A.Amendments This Agreement may be amended by unanimous agreement of the member Parties as evidenced by resolutions adopted by the respective governing bodies. B..Records,Accounts,and Reports111 X-E-02 VI-04 The Commission shall establish and maintain such funds and accounts as may be required by good accounting practices.The books and records of the Commission shall be subject to the provisions of Minn.Stat.Ch.13,the Minnesota Government Data Practices Act,and Minn.Stat.§16C.05,subd.5.The Commission,within one hundred twenty (120)daysafter the close of each fiscal year,which shall be January 1to December 31,shall give a complete written report of all financial activities forsuchfiscalyeartotheParties. C.Counterparts This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which 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 of law,such decision shall not affect the remaining portions of this Agreement. E.Entire Agreement This Agreement constitutes the entire agreement between the member Parties and supersedes all prior written or oral agreements relating to the Commission. F.Alternate Dispute Resolution In the event of a dispute arising under this Agreement,the member Parties and the Commission agree to attempt to resolve their dispute by following the process described below: 1.A member Party or Parties shall provide written notice to the Commission describing perceived conflict,positions,and underlying reasons. 2.The Commission shall provide written response to notice within seven (7)days of receipt of notice. 3.The Parties and Commission shall meet within 14 days of receipt of response with a neutral facilitator.The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution.Costs of such facilitator shall be shared equally by all parties to the dispute. 4.At the first meeting,the neutral facilitator will assist the parties to the dispute in identifying the appropriate Parties and participants in the dispute resolution process,their concerns,a meeting agenda and design for any subsequent meetings.The Parties shall agree on a process for resolving the problem that would involve additional negotiations,mediation,or arbitration. 5.In developing the process,the parties will be guided by the following principles: 12 1 X-E-02 VI-04 i.the Parties will attempt in good faith to reach a negotiated settlement; ii.the Parties agree that there must be fair representation of the parties directly involved in the dispute; iii.the Parties will use legal proceedings as a last resort;and iv.in the event the Parties are unable to resolve the dispute,each party retains all rights,remedies,or defenses it had prior to entering the process. 6.The Parties will report to the Commission within 60-days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. G.Minnesota Laws Govern 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 between the Parties and their performance and the appropriate venue and jurisdiction for any litigation regarding this Agreement shall be in State district court located within the County of Ramsey,State of Minnesota.Litigation,however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota.If any provision of this Agreement is invalid,illegal, or unenforceable the remaining provisions will not be affected. IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands on the date written below. X-E-02 VI-04 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. CITY OF HASTINGS Paul J.Hicks Mayor Date Dan Fluegel City Attorney Date Melanie Mesko Lee City Administrator Date X-E-02