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HomeMy WebLinkAbout20070702 - VIII-C-1 City of Hastings Parks & Recreation Department 920 W 10th St. Hastings, MN 55033 Ph: (651)480-6175 Fax: (651) 437-5396 www.cLhastings.mn.us Aquatic Center 90 I Maple St. Hastings, MN 55033 Ph: (651) 480-2392 Fax: (651) 437-5396 Civic Arena 2801 Redwing Blvd. Hastings, MN 55033 Ph: (651) 480-6195 Fax: (651) 437-4940 VIII-C-l MEMO Date: 6/25/07 To: Honorable Mayor and Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Hastings to Red Wing Trail Background Information: I have been in attendance at three meetings of several individuals, Dakota County, the Parks and Trails Council of Minnesota and surrounding townships discussing a proposed Hastings to Red Wing Trail. The proposed trail would potentially utilize some of our existing trails with the possible addition of future trail(s) on the east side of Hastings to link up to the trail leading to Red Wing using a vacated rail bed. I have attached a proposed joint powers agreement that is only for your information at this time. It may be a little premature to enter into a joint powers agreement at this time, but if this concept is acceptable with the City Council, I am seeking approval to continue discussions with this group on the proposed trail link from Hastings to Red Wing. I am seeking direction from the City Council whether or not you wish for me to continue entertaining discussions regarding this proposed trail. REF: City Council! Hastings to Red Wing Trail ] 2007 HIAWATHA VALLEY PROPOSED TRAILS SYSTEM HASTINGS REDWING AND PRARIE ISLAND TRAILS JOINT POWERS AGREEMENT (Proposed May 18, 2007) Section I. Authority Minnesota State Statute 471.59 authorizes units oflocal government to form Joint Powers Boards to jointly do programs or activities, which could not be done individually. Therefore, Goodhue County, the City of Red Wing Welch Township, Prairie Island Community, Dakota County, The City of Hastings, Ravenna Township and the Parks and Trails Council ofMN hereby form a Joint Powers Board of the Hiawatha Valley Trails. Section II. Name The name of the organization shall be the Hiawatha Valley Trails Joint Powers Board. Section III. Purpose The purpose of the Hiawatha Valley Trails Joint Powers Board shall be to develop, operate, manage, and maintain a recreational trail for biking, hiking, inline skating, cross country skiing, horse back riding and other similar activities on the abandoned railroad right-of-way and other areas not yet identified between Red Wing, Hastings, and Prairie Island on such lands adjacent to the right-of-way which the Board may acquire. The Board may sell the Trail to the Minnesota Department of Natural Resources at some time in the future. No motorized vehicles shall be allowed except for emergency vehicles, maintenance vehicles and vehicles allowed by special permit of the Board. The Board may, with the concurrence of all six units of government, change the uses on the trail. Attached hereto and made part thereof is a map of the trail. Section IV. Organization (A) Membership. The Board shall consist of twenty two members with' three representatives appointed by each unit of government and one from the Parks and Trails Council ofMN. The Board shall be made up of at least one elected member from the Goodhue County Board, the Red Wing City Council, Welch Township Board of Supervisors, Dakota County, The City of Hastings, Ravenna Township, Welch Township, and the Prairie Island Community. In addition, Goodhue County Board, the Red Wing City Council, Welch Township Board of Supervisors, Dakota County, The City of Hastings, Ravenna Township, Welch Township, and the Prairie Island Community shall each appoint at least one citizen member. Each unit of government shall fill vacancies consistent with their existing procedure on appointments. (B) Terms of Office. The terms of office of elected officials shall be consistent with their elective terms. Each citizen member shall serve a one-year term, with a maximum of six consecutive terms of service: Board members may be re-appointed to additional terms. Appointed Board members shall serve until a successor is named. The Board shall give the affected unit of government notice if one or more of that unit's representatives on the Board have missed three or more consecutive meetings. (C) Officers. There shall be a chairperson, a vice chairperson, and a secretary-treasurer. The terms of office shall be one fiscal year of the Board, from annual meeting to annual meeting until successors are elected. (D) Duties of Officers. The chairperson shall preside over meetings, appoint committees, serve as an ex-officio member thereof and give an annual report. The vice chairperson shall preside over meetings in the absence of the chairperson. The secretary/treasurer shall have responsibility for the assets, income and expenditures of the Board. The Board shall designate one of the units of government party to this agreement to act as the financial agent for the Board for a minimum two year term. The Board may designate other units as the financial agent on a "take-turn" basis. (E) Voting. Each member of the Board shall have one vote. (F) Quorum. A quorum shall be seven members, with at least one representative from each unit of government. A majority of a quorum may take action. ;) (G) Meetings. There shall be periodic meetings of the Board with time and place of meetings to bU rr~---IL decided by the Board. The chairperson may call special meetings by giving five days written notice tOaIf ~ Board members and the media. All Board meetings shall be open to the public. (H) Bv-Iaws. The Board shall adopt a set of By-laws, consistent with this agreement. The Seven units of government have approved the By-laws. The By-laws shall be filed with the Clerk or Auditor of each unit of government. Section V. Duties and Responsibilities of the Board (A) Expenditures and Contract for Services. The Board shall have the power to contract for services with any unit of government, corporation, partnership or individual. The Board shall abide by expenditure and contract limits established for any public body by Minnesota State Statute regarding bidding, purchasing, and leasing materials or services. (B) Funds. The Board shall have the power to accept and disburse funds and to apply for state and federal funds. The Board may accept donations, however, the seven units of government shall first approve each donation which has conditions or monetary obligations. The Parks and Trails Council of MN will act as Fiscal agent. (C) Annual Meeting. The Board shall hold an annual meeting on the fourth Tuesday in March of each year at which time it shall elect officers, establish a meeting schedule. (D) Annual Report. An annual report shall be submitted to all three units of government on the fourth Tuesday in March of each year of operation. (E) The Board shall have the authority to appoint advisory committees and conduct such public hearings and meetings as are necessary to provide full public participation in the development, planning and operation of the trail. (F) Emergency Meetings. The Board may hold emergency meetings. The Chairperson shall arrange such a meeting by telephone call to the Board members, media and staff during normal business hours. The Chairperson shall state the nature of the emergency meeting, the time and place of the meeting. (G) The Board shall adopt an annual budget as of the fourth Tuesday in September of each year and then present the budget to Goodhue County Board, the Red Wing City Council, Welch Township Board of Supervisors, Dakota County, The City of Hastings, Ravenna Township, Welch Township, and the Prairie Island Community to approve the budget. (H) The Board shall be an equal opportunity employer. Section VI. Supervision of the Trail The Board shall have the responsibility to supervise the trail in accordance with ordinances adopted by the Goodhue County Board, the Red Wing City Council, Welch Township Board of Supervisors, Dakota County, The City of Hastings, Ravenna Township, Welch Township, and the Prairie Island Community. The Goodhue County Sheriffs Department, the Red Wing Police, Dakota County Sheriffs Department, The City of Hastings Police, and the Prairie Island Community Police will enforce the ordinances that have been adopted. The Board may grant easements provided that the general purposes, safety or aesthetics of the trail are not impaired. Section VII. Financing The Board's funding cycle will be January through December. Goodhue County Board, the Red Wing City Council, Welch Township Board of Supervisors, Dakota County, The City of Hastings, Ravenna Township, Welch Township, and the Prairie Island Community shall have on-going responsibility for providing funds for the operation and maintenance of the trail. The annual amount of this funding shall be proposed by the Joint Powers Board and considered for approval by each unit of government unless circumstances wouldomerit a different breakdown of the funding from a unit of government. The standard share of each unit of government will be as follows: Goodhue County % City of Red Wing City of Hastings Dakota County Prairie Island Community Welch Township Ravenna Township The Board may recommend to the seven units of government different percentages of the total expenses every three years after the revision of this agreement. The Board may establish a fee structure and may charge fees for services. Section VIII. Staffing (A) The Board may hire or contract for services to administer the trail development, maintenance and operation and to have such other responsibilities as the Board may assign. (B) Goodhue County, the City of Red Wing and the City of Cannon Falls may make staff available to assist the Board. (C) The Board may reimburse a unit of government for the use of its staff. Section IX. Amendments Upon a 2/3-majority vote of the entire Board, the Board may forward a recommendation for specific changes in the Joint Powers Agreement to the three units of government. The Board may only discuss or decide upon amendments to the Joint Powers Agreement after giving formal public notice in its agenda and meeting notice that such an item will be discussed or decided upon. Amendments to this Joint Powers Agreement must be approved by each of the three units of government represented by the Board and shall be approved in a resolution by the Goodhue County Board, the Red Wing City Council and the Cannon Falls City Council prior to final approval by the Joint Powers Board. The County Auditor shall record in the County Recorder's records, a copy of all resolutions approving amendments to the original document. Section X. Dissolution The Board may recommend its dissolution to Goodhue County Board, the Red Wing City Council, Welch Township Board of Supervisors, Dakota County, The City of Hastings, Ravenna Township, Welch Township, and the Prairie Island Community, and upon the approval of all seven units of government, the Board may dissolve. At the same time as the dissolution recommendation, the Board shall recommend to the seven units of government where and how the assets of the Board would be distributed. The three units of government shall then decide upon the dissolution and asset division recommendations. A unit of government may withdraw from the Joint Powers Agreement. To withdraw, a unit of government must file written notice of the unit's intent to withdraw with the County Auditors and the Hiawatha Valley Trails Joint Powers Board. The withdrawal shall take effect three years after the Board receives written notice. During the three-year notice period, the withdrawal unit shall retain its full membership on the Board and its full budgetary responsibility. Section XL Adoption This document becomes effective 10 days after a resolution of approval has been received by the Goodhue County, and Dakota County Auditor from each of the seven participating units of government and the Parks and Trails Council ofMN. The Auditor shall record in the County Record's records the Joint Powers Agreement and a copy of all resolutions approving the document. The Hiawatha Valley Trails Joint Powers Board with consent of the City of Goodhue County Board, the Red Wing City Council. Welch Township Board of Supervisors, Dakota County, The City of Hastings, Ravenna Township, Welch Township, the Prairie Island Community and the Parks and Trails Council ofMN, has approved the Hiawatha Valley Trails Joint Powers Agreement on .2007 City of Red Wing: (Mayor) (Date) Parks and Trails council ofMN: (Board Chairman) (Date) (Council Administer) (Date)