3a. Joint powers for SW Metro Transit Commission land purchases I ,_3 ,
C I TY OF
1 CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
I (612)937-1900 • FAX (6i 2) 937-5739
IMEMORANDUM v ---• ✓ b P
TO: Don Ashworth, City Manager
THROUGH: Paul Krauss, Planning Director ; - _ ,
FROM: Sharmin Al-Jaff, Planner I ` ;--�`, �' .--
IIDATE: December 5, 1990 /2-,o -9 o_
I SUBJ: Fifth Amendment to Joint Powers Agreement for Southwest
Metro Transit Commission
The Southwest Metro Transit Commission is requesting an amendment
II to the Joint Powers Agreement. The Joint Powers Agreement was
adopted on July 21, 1986, to establish a Southwest Area Transit
Commission (now Southwest Metro Transit Commission) . Section 6 (m)
1 of the Joint Powers Agreement states that without the prior written
approval of the Councils of all parties to this agreement, the
Commission shall not purchase buses, motor vehicles, buildings,
real estate, or lease the same for a period in excess of five years
II without the prior approval of all three cities. Over the next five
years, Southwest Metro Transit Commission will be purchasing land
for park and ride lots. The location of some of those lots will be
I consistent with the Park and Ride Study which was adopted by the
City Council on November 19, 1990. The study will also be used as
a guide to identify additional sites. Some of the sites that were
II identified in the study, upon further investigation, are not
available for development, such as Sites #18, #13 and #22 in Eden
Prairie which were reserved for either expansion of streets or
expansion of existing buildings (Attachment #1) .
IThe current language in the Joint Powers Agreement requires
Southwest Metro Transit Commission to appear in front of all three
I city councils every time a site is identified for purchase. This
process will be lengthy and could create obstacles at the time of
purchasing the land. The Commission is requesting that the Joint
I/ Powers Agreement be amended to allow them to enter into a purchase
agreement to purchase real estate for use as park and ride lots
with the payment of earnest money not to exceed $5, 000 provided
that the agreement to purchase such real estate is subject to city
II council approval of the city in which the real estate is located.
The only change as a result of this amendment will be that if land
was purchased in Eden Prairie or Chaska for park and ride lots, the
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1 Joint Powers Agreement for
Southwest Metro Transit Commission
December 5, 1990
Page 2
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City Council of Chanhassen will not be notified of that purchase
1 until after the fact. Staff must also point out that Chanhassen is
represented by two Council members on the Southwest Metro Transit
Commission, therefore, Chanhassen still has control over the
operation. Staff met with Southwest Metro Transit Staff and their
attorney and requested that no purchase of real estate be finalized
prior to approval of the City Council. The request is reflected in
the amendment. In the past 4 years since Southwest Metro Transit
1 Commission started it's operation, it has proven itself as a
competent and responsible organization. Staff feels that they will
continue to operate in such a manner. For that reason, staff is
recommending approval of the 5th amendment to the Joint Powers
Agreement as shown in Attachment #2.
On November 19, 1990, the City Council also requested a copy of
1 Southwest Metro's operating budget. The 1991 budget has not been
reviewed nor adopted yet, but a copy of the October, 1990,
Operations Report is attached (Attachment #3) .
ATTACHMENTS
1. Map showing proposed locations of Park and Ride lots.
2 . Requested Amendment.
3 . Letter from Diane Harberts dated December 5, 1990, and
October, 1990, Operations Report.
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SOUTHWEST METRO TRANSIT
7600 Executive Drive
I Eden Prairie, MN 55344
December 4, 1990 (612)934-7928
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TO: Sharmin Al-Jaff, City of Chanhassen
FROM: Diane Harberts, Administrator
SUBJECT: Amendment to Southwest Metro Transit Joint Powers Agreement
' Please find enclosed a resolution and Fifth Amendment for consideration and approval by
the City of Chanhassen. Your comments from our December 3rd meeting have been
incorporated into the language of the amendment.
' Briefly, as recommended by the Southwest Metro Transit Commission, the Fifth
Amendment would amend the Joint Powers Agreement to authorize the Commission to
enter into agreements to purchase land for park and ride lots and to purchase passenger
shelters without prior approval by the three cities. Please note that the execution of the
purchase agreement will be contingent upon site plan approval by the City in which the
land is located.
' The resolution and Fifth Amendment need to be completed, signed by the mayor and city
clerk, and returned to Southwest Metro as soon as they have been approved by the City
Council. Because we need to begin negotiations for purchasing parcels of land soon, it is
very important that the resolution and Fifth Amendment be considered and approved as
soon as possible.
It is my understanding that the City Council will consider the resolution and amendment
at its meeting on December 10. I plan to attend this meeting.
Please call me at 934-7928 if you have questions or need additional information for
preparing the staff comments.
Thank you.
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FIFTH AMENDMENT TO JOINT POWERS AGREEMENT
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ESTABLISHING A SOUTHWEST AREA TRANSIT COMMISSION
(now SOUTHWEST METRO TRANSIT COMMISSION)
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This Fifth Amendment To Joint Powers Agreement Establishing I
A Southwest Area Transit Commission (now Southwest Metro Transit
Commission) , is made and entered into this day of
, 199 , by and between the Cities of Eden
Prairie, Chanhassen, and Chaska, all being municipal corporations
organized under the laws of the State of Minnesota, pursuant to
the authority conferred upon the parties by Minnesota Statutes
§174.265, Minnesota Statutes S473 .384, S473 .388, and/or §471 .59.
NOW THEREFORE, BE IT RESOLVED, in consideration of the
mutual covenants and agreements contained herein, it is hereby
agreed by and between the Cities of Eden Prairie, Chanhassen, and
Chaska, through their respective City Councils, that subparagraph
6. M. of the Joint Powers Agreement Establishing A Southwest Area
Transit Commission (now Southwest Metro Transit Commission) is
amended as follows :
6. M. The Commission may purchase passenger
shelters without prior approval of any
of the Councils of the parties to this
Agreement . The Commission may, without
prior approval of any of the Councils
of the parties to this Agreement,
execute an agreement to purchase real
estate for use as Park and Ride lots
with the payment of earnest money not
to exceed $5, 000.00, provided that the
agreement to purchase such real estate
is subject to the approval of the
Council of the City in which such
real estate is located. The
Commission shall not purchase any
other buildings or real estate, buses
or motor vehicles, or lease the same
for a period in excess of five (5)
years, without prior written approval
of the Councils of all parties to this
Agreement .
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IN WITNESS THEREOF, the undersigned Governmental Units, by
action of their governing bodies, have caused this Fifth
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11 Amendment To Joint Powers Agreement Establishing A Southwest Area
Transit Commission (now Southwest Metro Transit Commission) to be
executed in accordance with the authority of Minnesota Statutes
S471 . 59 .
CITY OF EDEN PRAIRIE
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Approved by the City By
' Council of Eden Prairie Its
this day of
, 199
By
Its
CITY OF CHANHASSEN
Approved by the City By
' Council of Chanhassen Its
this day of
, 199
By
Its
CITY OF CHASKA
Approved by the City By
Council of Chaska this Its
1 199 day of
By
Its
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RESOLUTION NO. I
CITY OF
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WHEREAS, the City of is a party to a Joint
Powers Agreement Establishing A Southwest Area Transit Commission
(now Southwest Metro Transit Commission) dated July 21, 1986, by
and between the Cities of Eden Prairie, Chanhassen, and Chaska,
and amended August 20, 1986, by First Amendment, amended November
20 , 1986 by Second Amendment, amended November 11, 1987 by Third
Amendment, and amended February 2, 1990 by Fourth Amendment; and,
WHEREAS, the Joint Powers Agreement created and established
the Southwest Area Transit Commission (now Southwest Metro
Transit Commission) ; and,
WHEREAS, it is desirable to amend Subparagraph 6. M. by Fifth '
Amendment To Joint Powers Agreement Establishing A Southwest Area
Transit Commission (now Southwest Metro Transit Commission) as
follows : i
6. M. The Commission may purchase passenger
shelters without prior approval of any
of the Councils of the parties to this
Agreement . The Commission may, without
prior approval of any of the Councils
of the parties to this Agreement,
execute an agreement to purchase real
estate for use as Park and Ride lots
with the payment of earnest money not
to exceed $5,000 .00, provided that the
agreement to purchase such real estate
is subject to the approval of the
Council of the City in which such
real estate is located. The
Commission shall not purchase any
other buildings or real estate, buses
or motor vehicles, or lease the same
for a period in excess of five (5)
years, without prior written approval
of the Councils of all parties to this
Agreement. ,
NOW THEREFORE, BE IT RESOLVED, the execution of the "Fifth
Amendment To Joint Powers Agreement Establishing A Southwest Area
Transit Commission (now Southwest Metro Transit Commission) " is
approved.
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I ADOPTED by the City Council on the
day of , 19
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II Mayor
ATTEST:
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iCity Clerk
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DEC 05 '90 10:2' TO:9-99375739 FRO'1:CITv OF EDEN PRAIRIE T-235 P.01
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December
6, 1990
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MEMOTO: Sharmin Al-Jaff
City of Chanhassen I
FROM: Diane Harberts
Administrator
RE: Budget Request
Per your request, please find attached the October 1990 Operations Report. The October
report is the most recent report available outlining Southwest Met o's budget in 1990.
I am unable to provide you with a copy of the 1991 Budget because it has not yet been
reviewed or adopted by the Commission. Southwest Metro is currently negotiating the
1991 Budget with the Regional Transit Board. After negotiations are finalized, the
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1991 Budget will be presented to the Southwest Metro Transit Commission for adoption.
Copies of the 1991 Budget will be available after the Commission has adopted the 1991
Budget.
Please call me at 934-7928 with your questions or if 1 can be of further assistance.
Thank you.
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am um Ns ow am ER am ow am amo ow ow Now lim NE r ma NI INN
OPERATIONS REPORT
1990
ACCOUNT# PREVIOUS YTD OCTOBER TOTAL YTD pUDGET % BUDGET N
OPERATING REVENUE
Passenger Fares 1440 195,542.67 25,444.00 220,986.67 195,102.00
Contract Revenue 1472 0.00 0.00 0.00 100.00
Interest Income 1478 8,933.95 248.59 9,182.54 4,440.00
RTB Subsidy 1500 698.811.54 0.00 698.811.54 982.637.00
TOTAL OPERATING REVENUE 1505 903,288.16 25,692.59 928,980.75 1,182,279.00 78.6
OPERATING EXPENSES
Personnel
Administrative Staff Wages 1010 44,351.86 4,690.03 49,041.89 60,604.00
Other Wages 1035 617.70 214.50 832.20 4,300.00
Benefits 1055 7.526.35 689.23 8.215.58 15.754.00
Total 52,495.91 5,593.76 58,089.67 80,658.00 72.0
Administration
Advertising, Marketing, Promotion 1090 24,705.10 1,190.95 25,896.05 33,100.00
Legal, Audit, Professional Fees 1100 53,786.96 2,897.25 56,684.21 24,300.00
Office Supplies 1110 7,646.58 188.17 7,834.75 8,600.00
Administrative Facilities Services 1120 2,000.00 250.00 2,250.00 3,000.00
Utilities 1130 1,779.70 227.03 2,006.73 3,400.00
Professional Development 1135 2,526.00 • 15.00 2,541.00 3,200.00
Liability Insurance 1310 419.00 4,683.00 5,102.00 4,200.00
Other 1140 5.158.84 99.71 5.258.55 2.100.00
Total 98,022.18 9,551.11 107,573.29 81,900.00 131.3
Operations
Purchase of Service 1230 541,192.29 65,449.02 606,641.31 1,015,721.00
Other 1243 1.351.50 183.00 1.534.50 4.000.00
Total 542,543.79 - 65,632.02 608,175.81 1,019,721.00 59.6
TOTAL OPERATING EXPENSES 1426 693,063.88 80,776.89 773,840.77 1,182,279.00 65.4
BALANCE 210,224.28 -55,084.30 155,139.98