03/10/2009 - City Council Special
AGENDA
SPECIAL CITY COUNCIL MEETING
TUESDAY
MARCH 10, 2009
5:30 P.M.
1. ROLL CALL AND AGENDA ADOPTION
II. VISITORS TO BE HEARD
IIZ. DAKOTA COMMUNICATIONS CENTER UPDATE
IV. PRESENTATION ON SUSTAINABILITY CONCEPTS
V. CEDAR GROVE CONCEPT PLAN UPDATE AND PHASE I PLAN
OVERVIEW
VI. DISCUSSION REGARDING 2009 BUDGET ADJUSTMENTS AND 2010
& 2011 BUDGETING
TJ~ VII. MVTA UPDATE 1 GENERAL DISCUSSION
VIII. OTHER BUSINESS
IX. ADJOURNMENT
Agenda Information Memo
March 3, 2009 Eagan City Council Meeting
III. DAKOTA COMMUNICATIONS CENTER UPDATE
ACTION TO BE CONSIDERED:
A 2008 operations overview and 2009 budget overview of the Dakota Communication Center
operations.
FACTS:
• The Dakota Communications Center has been open for one full calendar year beginning
approximately January 2008.
• The DCC Executor Director Kent Therkelsen has offered to provide the DCC members
an update on the 2008 operations overview and provide an overview for the 2009 budget.
The presentation will be approximately 15 to 20 minutes with time for questions to
follow.
ATTACHMENTS:
• Enclosed on pages ~ through a is a copy of the PowerPoint presentation Mr.
Therkelsen will present at the meeting on March 10.
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Agenda Information Memo
Eagan City Council Workshop
March 10, 2009
IV. PRESENTATION ON SUSTAINABILITY CONCEPTS
DIRECTION TO BE CONSIDERED:
To receive a presentation regarding sustainability concepts and city based options and
resources to address them,
FACTS:
+ As part of its planning for 2409-2010, the City Council defined as one of its goals to
exemplify a broad-based and comprehensive commitment to environmental sustainability
and energy efficiency by adopting conservation and alternative energy strategies,
pursuing the use of local, non-polluting, renewable, and recycled resources while
encouraging residents and businesses to do likewise.
+ In order to assist the Council and staff in developing work programs to pursue this goal, it
will be helpful to have additional background regarding various aspects of sustainability
and the resources available to cities in implementing them.
+ Recently, City staff had the opportunity to participate in a training program concerning
sustainability moderated by Heather Worthington, Assistant City Manager for the City of
Edina, A number of the concepts addressed in the program, including environmental
management, smart growth, active and healthy living, intergenerational communities and
redevelopment of brownfields are reflected in the City's recently completed
Comprehensive Guide Plan Update and in the initiatives the City Council discussed as
the basis for the sustainability goal,
■ Ms. Worthington will be present at Tuesday's meeting to present background information
and can discuss some of the initiatives and resources that she has identified in this policy
area.
ATTACHMENTS:
+ None
Agenda Information Memo
Eagan City Council Workshop
March 10, 2009
V. CEDAR GROVE CONCEPT PLAN UPDATE AND PHASE I PLAN
OVERVIEW
DIRECTION TO BE CONSIDERED:
To receive an update on the Doran Pratt Cedar Grave Preliminary Concept Plan and provide
direction to staff and the developer regarding the possible submission of a Phase I
development plan application.
FACTS:
• The City of Eagan has invested considerable time, effort and resources into its activities
in the Cedar Grove Redevelopment District, In the early phases of the effort, following
the report of the Cedar113 Task Force, the City's efforts focused on policy and
background activities such as the development of a special zoning district, completion of
an Alternative Urban Areawide Review, creation of a tax increment financing district and
development concept planning.
• More recently, the City's efforts have shifted to the acquisition and assembly of
properties, the relocation of affected businesses and demolition of buildings in
preparation for development in the core area of the redevelopment district, The City also
has done Phase I and Phase II environmental analyses, performed site clean-up at
locations at which it has been necessary and has taken other steps to move the site toward
what is currently referred to as shovel ready.
The City has made substantial progress in these areas, but like many other cities in the
region and around the country, it has been limited in its efforts to facilitate new
development because of changes in the development and credit markets over the last two
years. Despite the challenges during that time, the City has selected a new development
partner, Doran Pratt, with whom we have worked closely to identify and pursue
development alternatives that could be market supportable, even at this time, and to
complete background work and agreements to be in a position to move forward when
opportunities present themselves.
Throughout the redevelopment process and the changes in various market realities, the
City Council has stressed its focus on the development goals for the area, which are to:
❑ Revitalize Cedar Grove Area as a gateway/landmark of the community.
o Encourage a mixture of market-supportable land uses compatible with one another
and with the surrounding area.
❑ Incorporate new urban development expectations by incorporating a pedestrian focus,
transit opportunities, mixed residential and commercial uses, uniform and cohesive
design elements, structured parking and public green/open space,
as-
I
Agenda Information Memo
January 22, 2048 Eagan City Council Workshop
Page 2 of 2
o Protect the long-term vitality of residential areas adjacent to commercial areas and
consider the needs of existing businesses in redevelopment or relocation efforts.
o Improve traffic access and circulation to and through the area.
• While the current market remains challenging, Doran Pratt has identified a number of
elements that align with the City's goals that they believe to be market supportable and
capable of being financed at this time. They will present a revised preliminary concept
plan and first phase plan for Council consideration at Tuesday's meeting.
• Because of the realities of the current market, it is not possible for a developer to define
specifically all of the components of an areawide masterplan at this time, but it is possible
to prepare a generalized preliminary planned development layout, analysis and conditions
similar to the process used for the Carriage Hills Planned Development.
• If the Council is supportive of the proposed first phase, the layout being proposed and the
general land use scenarios for future phases, Doran Pratt is prepared to move forward
with land use applications in the next several weeks for formal consideration of its first
phase of core area development.
• As with any concept plaza review, the Council is encouraged to consider the proposal in
general terms and not to presuppose the outcome of the formal development review
process. If the Council is open to further consideration of the concept, staff and the
developer would move forward concurrently with the development review, financial
analysis, updated environmental reviews and other steps necessary to present those items
to the Council and EDA in the appropriate order in the months ahead.
ATTACHMENTS:
• Doran Pratt letter on pages through
• Development District and Core Area Map on page C
. 91,
DORAN
COMPANIES
March 2, 2049
The Honorable Mayor Mike Maguire
The Honorable City of Eagan City Council Members
3830 Pilot Knob Road
Eagan, MN 55122
Re: Cedar Grove Redevelopment
Dear Mr. Mayor and Council Members,
Since being selected to be the City's. development partner for the Cedar Grove Redevelopment in August
2007, we have worked closely with the City staff to put together a development and financing plan that
will permit us to move forward with the project. Like all development projects in the region and around
the country, our efforts have been slowed by a combination of market and credit factors and we felt it was
important to write this letter to update you on some of the progress and challenges we have faced
throughout the redevelopment process at the Village of Cedar Grove site.
We recognize and share the City's goals for the area - to make the new development a pedestrian friendly,
transit oriented, mixed use neighborhood that will take advantage of its location and access to reestablish
it as a gateway to the community. The changes in residential development that we have all observed over
the last two years presented initial challenges in defining a market supportable mix of residential uses for
the area. That was followed by similar downturns in the office and retail markets, which make up the
other key aspects of our mixed use approach to the area.
The difficult economic times that we have all encountered, particularly in the past six months, have
confronted the commercial real estate and construction industries with unprecedented hardships. Lenders
have practically disappeared making the accessing of debt financing for development purposes nearly
impossible, even for the most credit worthy borrowers. Conventional loan programs for commercial
construction projects are not available and permanent debt for stabilized properties is requiring much
more equity and costing the borrower much more because of higher interest rate spreads.
Despite these challenges, the development team of Doran Companies and Pratt Development believe in
the opportunity presented by the area and remain committed to the Cedar Grove Redevelopment. Our
team has been moving ahead with concept plans for approximately 225 to 250 units of market rate
apartments, 150 units of senior apartments as well as plans for two 80 room hotels. Although market
studies for each of these product types support the projects, current conditions in the financial and lending
markets have presented us with some challenges.
c
7803 Glenroy Road, Suite 200 Bloomington, MN 55439 952-288-2000 Fax: 952-288-2001 www, D0ranC0mpa31ics.Com
The Honorable Mayor Mike Maguire
The Honorable City of Eagan City Council Members
March 2, 2009
Page 2
For example, six months ago on a typical apartment project like the one we are contemplating at Cedar
Grove, we would have been able to solicit multiple lenders from the marketplace for a three year open-
ended construction loan at 90% of the project cost and a rate of approximately 5.00%. At the end of that
loan term we would obtain permanent financing for a 10 or 20 year term at around 80 to 90% of the value
of the stabilized property and an interest rate of around 5.75°/x. Values for this property type would be
calculated using capitalization rates applied to the net operating income and the lower the capitalization
rate, the higher the value of the property. A brand new, market-rate, stabilized apartment building like the
one we are proposing would have commanded a 6.00% capitalization rate last year.
In the current marketplace, an open-ended construction lender will demand more cash equity, typically 30
to 35% of the project cost, as well as require expensive bonds or letters of credit to guarantee the
construction. In addition, although interest rates have fallen in recent months, spreads have widened
meaning the lenders need more rate premium today to do the same deals they would have done for much
less before. Rates today for construction and permanent debt are in the 6.50% to 7.50% range and
capitalization rates have moved up to between 6.50% and 7.50%. What this essentially means is that it
costs significantly more to do a project today than it did six months ago and at the end of the day, based
upon today's valuation criteria, it is worth much less.
Currently, the only reliable debt available to finance multi-family developments is through the US
Department of Housing and Urban Development (HUD). However, these types of government loan
programs are typically laden with additional requirements and fees. In spite of these issues we hope to
secure HUD financing for the multi-family housing project and perhaps for the senior housing project as
well.
We are working very hard in hopes of being able to commence the development and construction of all
three types of the development mentioned above yet this year.
In the face of these economic challenges, we have appreciated the City's continued commitment to
acquiring the property within the area and making it ready for development as soon as the markets will
support it. We thank you and the city staff for the confidence you have placed in us and we rcmain
confident that we can move the development forward even in these most difficult times.
On behalf of the development team of Doran Companies and Pratt Development,
Sincerely,
elly J. Doran "
cc: Jon Hohenstein
Rebecca Kurtz
Len Pratt
Ben Shardlow
Scott Anderson
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4110
Agenda Information Memo
March 10, 2009 Special Eagan City Council Meeting
Vl. DISCUSSION REGARDING 2009 BUDGET ADJUSTMENTS AND 2010 & 2011
BUDGETING
ACTION TO BE CONSIDERED:
i
To provide direction to staff regarding 2009 Budget Adjustments and 2010 & 2011
Budgeting regarding the proposed strategies outlined in the following fact points.
FACTS:
• Since local government is primarily about service delivery, which for the most part is
very labor intensive, efforts to reduce budgets necessarily must address personnel
costs. The City Council has expressed an interest in learning more about what can
be done and what cannot be done regarding potential adjustments to labor costs,
especially in the area of collective bargaining contracts.
• To assist the City Council in gathering this information, the City's primary labor
attorney, John Roszak, will be present at the meeting to provide perspective and to
answer questions from Council members. Mr. Roszak's many years of experience
working with school districts and cities give him valuable knowledge of and insight
into labor law and especially labor law related to public employees in the State of
Minnesota.
• The City is dealing with both short-term and long-term budget challenges and is
developing a comprehensive strategy to address both. Congruence with the overall
Budget/Fiscal Goal will result primarily from right sizing personnel and service
delivery to align with available resources in a sustainable manner that meets the
community expectations.
• The following considerations are part of the short-term strategy:
o Address the impact of 2008 revenue shortfalls resulting from reduced
development activity and MVHC reductions on the City's fund balance.
o Address the impact of the known 2409 revenue shortfall resulting from the
loss of MVHC considering a combination of a reallocation of the 2009 tax
levy, other revenue sources or transfers, expenditure reductions, fund
balance use and impact, cash flow impacts, etc.
o Review potential additional 2009 revenue shortfalls resulting from reduced
development activity, etc,
o Establish a 2010 budget target and undertake budgeting for that year.
■ The 2010 budget target may result from a budget base that has been
reset as a result of changes to the 2009 budget.
Will be impacted by the opportunity to levy back lost MVHC and
resulting tax impacts.
• May be impacted by relatively flat City tax capacity resulting from
decreasing market values on real estate property.
• Allocation of the tax levy may be impacted by a proposed new
"Budgeting for MVHC Policy" to remove that volatile revenue source
from the financing of operations.
o Review fund balance policy.
o Potential use of any available Stimulus dollars.
• The following considerations are part of the long-term strategy:
o Undertake a two year (2010 and 20111) budgeting process.
o Implement more sophisticated and intentional long-term financial planning
and forecasting.
ATTACHMENTS:
Enclosed on page(DQS is a copy of the document distributed at the recent retreat
demonstrating a possibte to address the 2009 Budget adjustments and
budgeting for 2010 and 2011 as a first step in implementation of the City Council's
Budget/Fiscal Goal.
i
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BudgettFiscal
Goal: Maintain the City's long standing fiscally prudent and responsible
budgeting approach while pursuing greater levels of fiscal independence
and self reliance in long term budgeting.
i
Objective: Provide a mechanism/process to address revenue shortfalls and to
determine appropriate responses through current and future operating budgets,
employing the proper mix of bridging techniques and budget reductions. 1
1. Manage revenue reductions.
2. Review potential additional revenues. 1
3. Right size personnel and service delivery to available resources.
4. Put a long range financial plan in place to provide budget stability and
sustainability.
Budget Year:
2008
Take no additional action regarding 2008. Assumes that operations will be
balanced and/or any deficit will be covered by the fund balance.
2009
Phase I
Take the following steps immediately:
• Soft hiring freeze
■ Address MVHC loss:
o Reallocate tax levy
o Reduce expenditures
• Budget cuts
• Cash flow savings
Phase 11
Establish 2010 and 2091 budget targets and begin budgeting process.
Phase 111 (nn or about July 1)
• Review status of cost savings and other potential revenue changes over
and above MVHC and determine necessity for further 2009 responses.
Review fund balance status and make re-levy/increased levy decisions.
2010
• Determine available and practical opportunities to levy back lost revenues
and to right size personnel and service delivery to available revenues.
(Reset base budget for sustainability based on 2049 activities and future
projections.)
2099
• Continued implementation of 2009 and 2010 decisions.
Agenda hrformation Metro
March 3, 2009 Eagan City Council Meeting
VII. MVTA UPDATE J GENERAL DISCUSSION
ACTION TO BE CONSIDERED:
Following a general discussion on MVTA governance, offer direction to the City Council's
MVTA representative, Councilmember Gary Hansen, regarding either the Joint Powers
Agreement or by-taws.
FACTS:
■ According to the MVTA Board minutes from the February 26, 2009 meeting, questions
were raised about the MVTA governance and whether there continues to be need for the
at-large position and, further, whether terra limits are desirable for that appointment.
• Action was taken by the MVTA Board "that the MVTA Board members take the MVTA
governance documents back to their respective Councils and Boards for review and then
that the MVTA Board schedule a work session to review input from the cities and
counties and make recommendations for changes in the governance documents."
The City Attorney will be present at the meeting on Tuesday to answer questions or offer
explanation on either the Joint Powers Agreement or by-laws that govern the MVTA.
ATTACHMENTS: (4)
Enclosed on pages through is a copy of the MVTA Board minutes from the
last meeting held on February 25,
■ Enclosed on pages through is a copy of the amended and restated MVTA
Joint Powers Agreement.
Enclosed on pages GO through is a copy of the amended and restated by-laws
of the MVTA.
Enclosed on pages ~ through _ZLLP~ is a copy of a memo from the City Attorney
dated February 4 regarding "MVTA At-Large Commissioner"
DATE: February 26, 2009
TO: Board Members unable to attend February 25 Regular MVTA Board
meeting/TWGs
FROM: MVTA
RE; Meeting Summary
Enclosed please find a meeting summary of the MVTA February 25, 2009 regular meeting of the
MVTA Board of Directors,
L The meeting was called to order at 4:28 p.m. by Chair Elizabeth Kautz, with agreement from the
Board.
2. Waldemar Lyslo of 913 Woodlawn Court in Burnsville addressed the Board regarding
inconsistencies in the Joint Powers Agreement as well as questions regarding the selection of a
lobbyist by the Suburban Transit Association Providers. He was told that these issues would be
addressed during the Board meeting.
3, Ruth Grendahl specifically want that one item be added to the agenda regarding the STA Lobbyist
selection. The agenda was then approved.
4. The January Meeting Minutes were pulled from the Consent Agenda, The balance of the Consent
Agenda was then approved. Ruth Grendahl asked questions regarding the direction given at the
Board meeting regarding the At-large commissioner and alternate positions, She indicated she
had heard that there was direction to the three cities to get together and resolve this issue. The
Board minutes accurately reflect that the item was tabled until the February meeting. The January
minutes were then approved.
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Beverley Miller provided some background regarding the Commuter Rail Study and the City of
Savage's request for funding of their portion of the study (not too exceed $2,500). Jane Victorey
indicated that the City of Savage voted unanimously to conduct the study, which would update
ridership figures to 2008 levels but does not indicate the Dan Patch line will be constructed. Jon
Ulrich indicated that this is the first step to getting a transitway in the southwest section of the
Metro and they are simply asking for an update to a study, not for an endorsement of the rail line,
which many cities opposed. Liz Workman indicated that Dakota County recently voted to
continue its opposition to the line, so she would vote against such a motion. She also indicated
that in looking at the study itself, it didn't recommend a "refresh" or update until after the
Northstar Commuter Rail tine and the Red Rock Line were operational for a period of time.
Motion by Jane Victorey and seconded by Bill Droste to approve an expenditure of up to $2,500
for the City of Savage's portion of the cost of a study to update the ridership figures in the Dan
Patch Commuter Rail study, Roll-call vote:
Meg Tilley - Aye Jon Ulrich - Aye Chair Elizabeth Kautz - Aye
Ruth Grendahl - Aye Jane Victorey - Aye
William Droste - Aye Liz Workman - Nay
Motion carried.
5. There was then a discussion of the At large Commissioner. Barb Ross provided some
background on the evolution of the Joint Powers Agreement and Bylaws, and noted that there are
3q
Page 2
several inconsistencies between the two documents, but the Board has had other things to occupy
them so have delayed any updates to the Bylaws. Changes to the Joint Powers Agreement (JPA)
require approval by all Cities.
Questions were raised about the MVTA governance and whether we still need the At large
position and if we want term-limits on the commissioner. Jane Victorey asked if there were
qualifications for the At-Large commissioner. It as noted that there were no stated qualifications
but Ruth Grendahl noted that Margaret Schreiner had been a Metropolitan Council representative
during the time the MVTA was formed and that Wally Lyslo had been a bus rider. Jon Ulrich
asked if the Cities approve the Bylaws and it was noted that they do ratify the Bylaws. Then, he
believed that the Bylaws would supersede the Joint Powers Agreement, contrary to the opinion of
the Eagan/Apple Valley City Attorney. Ruth Grendahl indicated that if there is an inconsistency
between the documents, the Joint Powers Agreement should supersede. Jane Victorey noted that
what the MVTA needs is the best governance possible for the Board at this time. Things have
significantly changed from when the JPA was first created and most of the growth will continue
to be in Savage and Rosemount.
Ruth Grendahl distributed information about the populations of the MVTA cities, noting that 50
percent of the Board's voting strength covers 74 percent of the population. She indicated that the
At-large position was created as a result of population, not for tie-breaking purposes. She also
questioned the rationale for having the Counties as voting members of the MVTA.
Liz Workman indicated that she believes the JPA does not serve the MVTA well at this time in its
history. She also indicated that the Board should not discount the role of cities where future
growth is planned.
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Meg Tilley indicated that at minimum, the retiring "At-large" Commissioner(s) should have been
recognized for their years of service if they were no longer going to serve the MVTA.
Jane Victorey suggested that each city look at the MVTA's governance documents and how they
might be changed at this point in the agency's history. Then, she suggested that the Board hold a
worksession to discuss these changes and decide on a course of action with recommended
changes to the governance documents to be taken back to the cities for approval. Ruth indicated
that the city of Apple Valley is not interested in changing the JPA, nor is she available to work on
MVTA issues on a full-time basis. She is not interested in participating in a worksession. Bill
Droste indicated that the Board needs to work together to address a long-range plan to deal with
transit in the region. Meg Tilley stated that the Board needs to take action now regarding the At-
large commissioner.
Ruth Grendahl moved that Wally Lyslo be the "At-Large" Commissioner and that Margaret
Schreiner be the alternate. Given that this is the decision of the three largest cities and Meg Tilley
agreed with the choice, Elizabeth Kautz said if this was what Ruth and Meg wanted, essentially
she would not block the appointment. No motion is necessary.
Motion by Jane Victorey and seconded by Bill Droste that the MVTA Board members take the
MVTA governance documents back to their respective Councils and Boards for a review and then
that the MVTA Board schedule a worksession to review input from the Cities and Counties and
make recommendations for changes in the governance documents. Roll-call vote:
Page 3
Meg Tilley - Aye Jon Ulrich - Aye Wally Lyslo - Aye
Ruth Grendahl - Aye Jane Victorey - Aye Chair Elizabeth Kautz - Aye
William Droste - Aye Liz Workman - Nay
Motion carried.
6. Ruth Grendahl distributed an e-mail dated November 12 regarding a meeting on Nov. 14 to
discuss the selection of Leonard Street and Deinhard as the lobbyist for the Suburban Transit
Association (STA). As an entity governed by the public Open Meetings law, she believes this
was not sufficient notice of the meeting. Further, Ruth Grendahl called for an independent review
of the awarding of the contract for the Suburban Transit Association. Elizabeth Kautz indicated
that the minutes from the STA meeting are available and that while she did not attend all of the
interview sessions, she did raise questions about a potential conflict of interest with Leonard
Street and Deinhard. Ruth Grendahl asked if potential conflicts with other proposers were
reviewed or only with the one firm. She restated her request for an independent review of the
process and how the contract was awarded. Elizabeth Kautz said she would bang this up to STA
at the meeting the next day.
7. The meeting was adjourned at 5:40 p.m. for the Driver of the Year Awards Banquet.
Next Regular Meeting Scheduled for March 25 at 4:30 p,m,
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Agenda Information Memo
May 1.7, 2005, Eagan City Council Meeting
P. APPROVE AMENDED AND RESTA'T'ED MVTA JOINT
POWERS AGREEMENT
ACTION TO BE CONSIDERED:
To approve the amended and restated MVTA Joint Powers Agreement.
FACTS:
➢ The MYTA Board recently passed a resolution approving an amendment to the
Joint Powers Agreement (3PA) to delete the terra limit of four years for the At
Large Con naissioner and the At Large Alternate.
➢ The MVTA's general counsel has drafted the necessary changes and member
cities are now being aslred to approve and execute the amended and restated
JPA.
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➢ The City Attorney has reviewed the document has no concerns with the changes
from a legal standpoint.
ATTACHMENTS (2):
➢ Enclose age is a copy of the MVTA Attorney's cover lever
explaining the re for action,
> Enclosed on pages throng is a copy (without the signature
pages) of the Amended and Restated Joint Powers Agreement
Establishing the Minnesota Valley Transit Ant 1`1~
1 ~
9-
BEST & FLANAGAN LLP
ATTORNEYS AT LAW
225 Saudi Sixth SLYeet, Suite 4000
Minneapolis, Minnesota 55448-4690
Talepirone 612 339 7121
Facsimile 612 339 5897
Ivwsv.hesilameorn
Writer`s Direct Dial No.:
(612) 341-9722
E-Mail-Address:bross c@bestlaw.com
May 2, 2005
Li:anard Al. Addington
N. Waller Graff
Allen M Barnard
FYailk Yogi
Marinas W. Van Pullen, Jr.
Morris E. Knopr
J❑hE, A, ; DiTn Thomas Hedges
JEEines C' . Dinules es
RugarR. Rao„ Jr. City Administrator
Duane L. Vatilson
Rvbcrt L. Malter, Jr. City of Eagan.
Jwlilti A. R ozosbcshu City Hall
Seoll D. Eller
Charles C. Bcrquisl 3830 pilot Knob Road
JoE ms M. Chrintensan
r. Joseph LaFnve Eagan, MN 55122
Gregory Soule
Cathy E. Carlin
Pntriek B. Flannessy Re: Amended and Restated MVTA Joint Powers Agreement
Timoiiiy A. SuIIivan
Dniriel l3. K Nelwm
David J. Zal)ke
Steven R. Kreiger Bear Mr. Hedges:
Pout E. Kniiliinki
Russ C. Forali:ll
Caryn S. Glover Best & Flanagan is general counsel for Minnesota Transit Authority. The Board
Mary E. Siledi-en
l1adiara M. Ross recently passed a resolution approving an amendment to the Joint-Powers Agreement to
Cndlerioe J. Co"Nney
surdli Crippen Madisall delete the term limit of tour years for the At Large Conu issioner and At Large Alternate.
Rn1m71 D. Maher The Board instructed counsel to draft the amended agreement and send it to the cities for
David }I. Johnson
clid%Eoplier Jainism consideration and approval. Accordingly, I have enclosed both a redlined copy and 'a clean
Jill 13. lainrr
Daniel A. Kaman copy of the Amended and Restated MVTA Joint Powers Agreement. I am requesting that
Lenur A. Sel iefl3 er
Oradluy F. Williamas you present this to your City Council for approval and execution.
Cynthin L. Hegarly
Micliirel B, Wuckcr
Da+•id C. Mii0iy if you have any questions, feel free to call me.
Brian C. Eddy
Rebmeii A, Chaffee
'IYianias C. Curry Sincerely,
[]avid G. Seitelxni
j ➢eniel 4.. Criiitsrud
i JvltEl 17, Seiner
t:rlwnnl i'. Slieu
Kist JPDecle Donut
Den nis S. Pom, Jr, _
Barbara M. Ross
i UP CUUNSEL
Jolla R. Carrell
Robert L. Craaby BMR/lhc.
Suva P. 1E~IA. P1 lE rsml Enclosure
i Suva P. Rf!It
James 1. Dent cc: Beverley Miller
MVTA Chair and Board Members.
Rvlri:rl,I. Cianogun
HS+N3-177{
0102529507121362801_1
FOUNDED 1926
AMENDED AND RESTATED
MVTA JOINT POWERS AGREEMENT
ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY
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THIS AMENDED AND RESTATED MVTA JOINT POWERS AGREEMENT
("Agreement") is by and among the Cities of Apple Valley, Burnsville, Eagan, Rosemount, and
Savage from hence forth to be known as the "Cities," municipal corporations organized under
the laws of the State of Minnesota. This Agreement amends and replaces the MVTA Joint
Powers Agreement adopted in March 1993 and amended in April 1994 by the Cities of Apple
Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage. The Agreement is made pursuant
to the authority conferred upon the parties by Minnesota Statute 473.384, 473.388, and
471.59.
WHEREAS, the Cities have completed a Project Study under the Metropolitan Transit;
Demonstration Program;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants
contained herein, it is hereby agreed by and among the Cities:
1. Name. The Cities hereby create and establish the Minnesota Valley Transit
Authority.
2. Purpose. The purpose of this Agreement is to provide public transit service for
the Cities pursuant to Minnesota Statutes § 473.388.
3. Definitions.
(A) "AUTHORITY" means the organization created by this Agreement.
(B) "BOARD" means the Board of Commissioners of the Minnesota Valley
Transit Authority.
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(C) "COUNCIL" means the governing body of a party to this Agreement.
(D) "METROPOLITAN COUNCIL" is the metropolitan council as
established by Minnesota. Statutes § 473.123.
(E) "PARTY"' means any city which has entered into this Agreement.
(F) "TECBMCAL WORK GROUP" is a committee consisting of one staff
member of each party and each county which shall act as technical advisors to the Board.
4. - Parties. The municipalities which are the parties to this Agreement are Apple
Valley, Burnsville, Eagan, Rosemount, and Savage (the City of Prior Lake has withdrawn.).
Additional Parties may be added by the concurrence of all the existing parties. No change in
governmental boundaries, structure, organizational status Qr character shall affect the eligibility
of any party listed above to be represented on the Authority so long as such party continues to
exist as a separate political subdivision.
5. Board of Commissioners.
(A) The governing body of the Authority shall be its Board which will consist
of eight (8) voting commissioners. Each party shall appoint one commissioner, one
alternate commissioner, and a staff member to serve on the Technical Work Group. The
alternate commissioner and the Technical Work Group member may be the same person.
The commissioners from the cities of Burnsville, Eagan, and Apple Valley shall
additionally collectively appoint one commissioner and one alternate. This comirdssioner
and its alternate shall be appointed by the three commissioners aforementioned and shall
henceforth be knowm as the "at large commissioner"' and the "at large alternate"
respectively, and will be appointed annually at the January meeting. Metropolitan
Council members who represent the same cities as the MVTA, may serve as non-voting
j -.ex tifficia.memim.o the...Board_of Commissioners. . The Dakota County Board of
Commissioners and the Scott County Board of Commissioners shall each appoint one
commissioner and one alternate commissioner.
(B) Commissioners shall be a member of the Council of each party or its
designee, or for commissioners appointed by Dakota and Scott Counties, be a member of
the Board of Commissioners of the county making the appointment. The at large
commissioner and alternate may or may not be an elected official as to be determined by
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the commissioners from Apple Valley, Burnsville and Eagan and reviewed by the
aforementioned commissioners on an annual basis. Alternate commissioners may or may
not be an elected official as to be determined by each party, or for county commissioners,
their alternates shall be a commissioner of the county making the appointment. The
terms of office of commissioners shall be determined by the party or the county making
the appointment.
(C) A commissioner may be removed by the party or county appointing the
commissioner with or without cause.
(D) Commissioners shall serve without compensation from the Authority.
(E) Five commissioners, which must include at least three (3) of the
commissioners appointed by the parties', shall constitute a quorum of the Board.
Attendance by a quorum of the Board shall be necessary for conducting a meeting of the
Board. The Board may take action at a meeting upon the affirmative vote of a majority
of the commissioners present at a meeting, which majority must include at least three (3)
of the commissioners appointed by the parties or such a commissioner's alternate in his
or her absence.
(F) The Board may adopt rules and regulations governing its meetings.
(G) As the first order of business at the January meeting of each year, the
Board shall elect a chair, a vice chair, a secretary, a treasurer, and such other officers as it
deems: necessary to conduct its business and affairs. The current chair shall facilitate
these elections. In the event that the current chair is no longer his/her city's
representative to the MVTA, the Vice Chair shall facilitate the election process. In the
event that both the Vice Chair and Chair are no longer its city's representative to the
MVTA, the board shall decide on another officer or commissioner to preside over the
elections. The newly-elected chair shall then preside over the remainder of the meeting,
and all meetings henceforth until a new chair is elected,
6. Powers and Duties of the Authority.
(A) General. The Authority has the powers and duties to establish a program
pursuant to Minnesota Statutes 473.384 and 473.388 to provide public transit service
to serve the geographic area of the parties with funding as provided in Minnesota Statutes
473.384,.473.388,16A.88, and other applicable statutes, if any. The Authority shall
have all powers necessary to discharge its duties.
(B) The Authority may acquire, own, hold, use, improve, operate, maintain,
lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property
rights as deemed necessary to carry out the purposes of the Authority.
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(C) The Authority may enter into such contracts to carry out the purposes of
the Authority.
(D) The Authority may establish bank accounts as the Board shall from time to
time determine.
(E) The Authority may employ an executive director whose duties shall be to
administer policies as established by the Authority. The Executive Director shall be an
employee of the Authority. The Authority shall hire and terminate personnel and provide
for compensation, insurance, and other terms and conditions that it deems necessary.
(F) The Authority may enter into a contract for management services.
t
(G) The Authority may sue or be sued.
(H} The Authority shall cause to be made an annual audit: of the hooks and
accounts of the Authority and shall make and file the report to its Members at least once
each year.
(I) The Authority shall'maintain books, reports, and records of its business
and affairs which shall be available for and open to inspection by the parties at all
reasonable times.
(J) The Authority may contract to purchase services from any, one of the
parties.
7. Operating and Capital Casts, Budgets, and Financial Liability.
(A) The Authority shall have a fiscal year beginning January I and ending
December 31. On or before June 1 of each year, the Execrative Director shall prepare an
estimated budget for the next fiscal year including an estimate of expenditures; operating
costs, capital costs and revenues and submit it to the Board for preliminary approval. The
Executive Director shall also submit the preliminary budget to the parties for approval
within thirty (34) days of the date of submittal. The budget shall be deemed approved by
a party unless the party disapproves the preliminary budget within said thirty (30) days.
The Board shall review and approve or disapprove the budget. The approved budget shall
be submitted to the Metropolitan Council, or its successor, far approval. The budget may
be adjusted from time to time on the basis of actual costs incurred or changes in estimated
revenue or expenditures. In the event of an adjustment of the budget, there shall be
furnished to each party a computation of the adjustment.
(B) The annual financial contribution to the Authority of each party shall be
the total amount of assistance appropriated to each party plus the total amount, if any,
each party levies, pursuant to Minnesota Statutes§ 16A.88,473.384 and 473.388. A
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II
party shall obtain approval of the Authority before it levies funds to contribute to the
Authority.
8. Insurance. The Authority shall purchase liability insurance coverage to cover the
activities of the Authority. The Authority shall provide all parties with copies of the
liability insurance coverage documents. The liability insurance coverage shall provide all
parties with sixty (60) days notice of cancellation, material change or termination of
coverage. In the event the liability insurance coverage is cancelled, or otherwise
becomes unavailable, the Authority shall procure similar liability insurance coverage
from another entity. The Authority shall purchase insurance in addition to liability
insurance in such amounts and on such terms as the Authority shall determine.
9. Duration of Agreement. This Agreement shall continue in force commencing on
January 1, 1991 and as amended in April, 1994 and April, 2002, and amended and
restated herein and thereafter from year to year, subject to withdrawal by a party or
termination by all parties. Withdrawal by any party shall be effected by serving written
notice upon the other parties no later than February 15th of the year at the end of which
such withdrawal is to be effective. Withdrawal from the Agreement by any party at the
end of the calendar year shall not affect the obligation of any party to perform the
Agreement for or during the period that the Agreement is in effect. Withdrawal of any
party or termination of the Agreement by all parties shall not tenninate or limit any
liability, contingent, asserted or unasserted, of any party arising out of that party's
participation in the Agreement.
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1 0. Distribution of Assets. In the event 'of withdrawal of any party from this
Agreement, the withdrawing party shall not be reimbursed, except that ownership of a
capital asset located within the city limits of the withdrawing party that was funded solely
with funds levied by the withdrawing party pursuant to Minn, Stat. § 473.388, Subd, 7
shall be transferred to said party by the Authority. In the event of termination of this
Agreement by all parties, all of the assets which remain after payment of debts and
obligations that are not (i) required by terms of state statutes, federal statutes, or contracts
with the Metropolitan Council or federal agencies to be available for regional use for
transit purposes or to be transferred to the Metropolitan Council or federal agencies or (ii)
a capital asset located within the city limits of a party that was funded.solely with funds
levied by said party pursuant to Minn. Stat. §473.388, Subd. 7, shall be distributed
among the municipalities who are parties to this Agreement immediately prior to its
termination, subject to the terms and requirements of obligations issued by one or more
municipalities pursuant to Minn. Stat. Section 473.388, Subd. 7, in accordance with the
following formula: Each municipality shall receive that percentage of remaining assets
determined by dividing the total amount of which that municipality contributed to the
Authority by all the municipalities who are parties to this Agreement immediately prior
to its termination. Ownership of a capital asset located in the city limits of a party that
was funded solely with funds levied by said party pursuant to Minn. Stat. § 473.388,
Subd. 7 shall be transferred to said party. The amount of the distribution to any party
pursuant to this Agreement shall be reduced by any amounts owed by the party to the
Authority.
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11, Effective Date. This Agreement shall be in full force and effect when all five
(5)parties, delineated in paragraph 4 of this Agreement, sign this agreement as amended
and restated. herein. All parties need not sign the same copy. The signed Agreement
shall be filed with the Executive Director, who shall notify all parties at the earliest Board
meeting of its effective date. Until this Agreement, as amended and restated, is signed by
all parties, the preceding Agreement shall stay intact and in effect.
IN WITNESS WHEREOF, the undersigned government units, by action of their
goyeming bodies, have caused this Agreement to be executed in accordance with the authority of
Minnesota Statutes § 471.59.
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Adopted this _ day of 200
CITY OF APPLE VALLEY
By:
Its:
ATTEST:
By:
Its:
STATE OF MINNESOTA }
)ss.
COUNTY OF DAKOTA 3
04 -this. day nf- .200 before sr a a.Notary. Public within. andfor said.
County personally appeared and
to be personally known, who being each by me duly
f sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF APPLE
VALLEY, the municipality named in the foregoing instrument, and that the seal affixed to said
instrument was signed and sealed in behalf of said municipality by authority of its City Council,
and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said
municipality.
7
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'(SEAL)
NOTARY PUBLIC
Adopted this day of , 200
CITY OF BURNSVILLE
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By:
Its:
ATTEST:
By:
Its:
STATE OF MINNESOTA }
)ss.
COUNTY OF DAKOTA }
On this day of , 200 , before me a Notary Public within and for said
County personally appeared and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF
I3URNSVILLE, the municipality named in the foregoing instrument, and that the seal affixed to
said instrument was signed and sealed in behalf of said municipality by authority of its City
Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of
said municipality.
(SEAL)
NOTARY PUBLIC
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Adopted this [ A ay day of ~ 200
CITY OF EAGAN
BY.
its.
ATTEST:
IZ
STATE O MINNESOTA }
)ss.
COUNTY OF DAKOTA }
On this 'day of ,200 ~ , before me a Notary Public within and for said
County pers ally appeared )6~a jqt~ and
YYIc f , to e personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and. Clerk of the CITY OF EAGAN, the
municipality named in the foregoing instrument, and that the seal affixed to said instrument-was
signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor
and Clerk acknowledged said anent to be the free act and deed of said municipality.
(SE
MIRA PEPPER NOTARY PUB I
"'ARY PUBLIC - MINNESOTA
•C,, .nExpiresjail, 31,2010
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477
li
Adopted this day of 200
CITY OF ROSEMOUNT
By:
.Its:
ATTEST:
By:
Its-
STATE OF MINNESOTA }
)Ss.
COUNTY OF DAKOTA )
On this day of , 200`, before me a Notary Public within and for said
County personally appeared and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF
ROSEMOUNT, the municipality named in the foregoing instrument, and that the seat affixed to
said instrument was signed and sealed in behalf of said municipality by authority of its City
Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of
said municipality.
(SEAL)
NOTARY PUBLIC
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Adopted this day of , 200
CITY OF SAVAGE
I'
By:
Its:
ATTEST:
By:
Its:
STATE OF MINNESOTA }
}ss.
COUNTY OF SCOTT }
On this _ day of , 200, befoze me a Notary Public within and for said
County personally appeared and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF SAVAGE,
the municipality named in the foregoing instrument, and that the seal affixed to said instrument
was signed and sealed in behalf of said municipality by authority of its City Council, and said
Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality.
(SEAL)
NOTARY PUBLIC
010252-95x7121183284-v2
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AMENDED AND RESTATED
BYLAWS OF MINNESOTA VALLEY TRANSIT AUTHORITY
These Bylaws amend and restate the Bylaws of Minnesota Valley Transit Authority
adopted February, 1993.
ARTICLE 1.
NAME
The name of this organization is the Minnesota Valley Transit Authority (hereafter "the
Authority").
ARTICLE II.
PURPOSE
The purpose of this Authority is to provide public transit service for the cities of Apple
Walley, Burnsville, Eagan, Rosemount, and Savage, the parties to the Joint Powers Agreement
establishing the Minnesota Valley Transit Authority.
I
ARTICLE III.
DEFINITIONS
Section 1. The terin "party" herein is defined as a member of the Joint Powers
Agreement establishing the Minnesota Valley Transit Authority.
Section 2. The term "county" herein is defined as Dakota County or Scott County.
Section 3. The term "Technical Work Group" is a committee consisting of one staff
member of each party and each county which shall act as technical advisors to the Board.
ARTICLE IV.
BOARD OF COMMISSIONERS
The governing body of the Authority is its Board which consists of eight (8)
Commissioners. Terms of the Commissioners are set by the cities and counties that have
appointed them, except the at-large commissioner shall be limited to serving four consecutive
one year terms.
ARTICLE V.
MEETINGS QUORUM, 'DOTE REQUIRED FOR ACTION OF THE BOARD
Section 1. The Board meeting schedule shall be determined by the Board or, when
necessary, as notified.
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Section. 2. All Commissioners are expected to attend regular meetings of the
Authority. Commissioners shall contact the Executive Director prior to the meeting if unable to
attend, and shall notify the alternate Commissioner and request that the alternate Commissioner
attend. Two consecutive absences by a Commissioner, along with the absence of his or her duly
seated alternate from regular meetings shall result in written notification from the Executive
Director under the direction of the Chair to the represented party or county requesting a
replacement be. made. The notification shall be sent to the Commissioner's respective city
administrator/manager or chair of the county commission who will be requested to bring the
matter to the attention of hislher city council or county commission. In the event that the Chair
and the absentee member are one and the same, the Vice Chair will then give direction to the
Executive Director to carry out the process as mentioned above.
Section 3. In the absence of the Commissioner, the designated alternate for the absent
Commissioner shall act in the place of the Commissioner with all authority of the absent
Commissioner.
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Section 4. Special meetings may be called by the Chair, the Executive Director, or any
two Commissioners. Notice of special meetings shall be provided pursuant to applicable
statutes.
Section 5. Emergency meetings may be called by the Chair or Executive Director if the
delay needed to call a special meeting would cause serious harm to Minnesota Valley Transit
Authority. Only urgent matters needing immediate attention without delay may be acted upon in
an emergency meeting. Notice of an emergency meeting shall be provided pursuant to
applicable statutes.
. Section 5.. Five Commissioners, which must include at least three Commissioners
appointed by a party, must be present at a meeting to constitute a quorum. A quorum is
necessary for conducting the business of the Board and exercising its powers.
Section 7. Action of the Board shall require the affirmative vote of a majority of
Commissioners present at a meeting, which majority must include at least three Commissioners
appointed by a party.
Section 8. Meetings shall be conducted in accordance with the provisions of the current
edition of Robert's Rules of Order-.
Section 9. The Board shall act by Resolution with respect to contracts, purchases of
buses, motor vehicles, real estate or leases in excess of five years, Board policies, and any other
matter that in the opinion of legal counsel should be by Resolution.
ARTICLE VI.
COMMITTEES
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The Board may establish standing and/or temporary committees. Committees may be
comprised of Commissioners and members of the Technical Work Group who may tali upon
staff, or outside consultants pursuant to contracts approved by the Board, for assistance and
advice as necessary. Commissioners and members of the Technical. Work Group shall be
appointed to the committees annually and when necessary, and assignments shall be reviewed at
the Februmy meeting.
ARTICLE VIL
OFFICERS
Section 1. Officers of the Authority shall consist of a Chair, a Vice Chair, a Secretary, a
Treasurer, and such other officers as the Board deems necessary to conduct its business and
affairs. Officers shall be elected at the regular meeting in January of each year for a term of one
year, and shall serve until their successors have been elected and qualified. The Chair shall be
limited to two consecutive one year terms.
Section 2. Chair. The Chair shall preside at all meetings of the Board. The Chair shall
also appoint the members of each standing or temporary committee from among the members of
the Board and the Technical Work Group and may designate a chair of each such committee.
The Chair and the Executive Director shall sign and execute all contracts, agreements, deeds, and
other documents and instruments made by or on behalf of the Authority.
Section 3. Vice Chair. In the absence of the Chair, the Vice Chair may exercise all the
duties and powers of the Chair.
Section 4. Secretary. The Secretary of the Authority shall maintain a record of all of the
proceedings of the Board, provided, however, the talcing and preparation of minutes may be
performed by a recording secretary. The Secretary may attest to the signatures or signature of
such officer or officers of the Authority authorized to execute any document or instrument on
behalf of the Authority.
Section 5. Treasurer. The Executive Director shall be the official custodian of all of the
financial records of the Authority under the guidance or direction of the Treasurer.
ARTICLE VIII.
EXECUTIVE DIRECTOR
The Authority may employ an Executive Director who shall have general supervisory
authority over administration of all of the business and affairs of the Authority including, but not
limited to, administration of the transit system or systems provided by the Authority, contracts
for transportation service, marketing and promotion of such services, as well as
recommendations for changes and additions to the transportation services provided. The
Executive Director and the Chair shall sign and execute all contracts, deeds, and other documents
and instruments made by or on behalf of the Authority. The Executive Director shall have the
care and custody of all funds of the Authority and shall deposit the same in the name of the
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Authority in such bank or banks as the Board may select. The Executive Director shall perform
such other duties and functions as may be required- from time to time by the Board.
Compensation of the Executive Director shall be established by the Board.
ARTICLE IX.
DISBURSEMENT OF FUNDS
Section 1. Disbursement of funds shall be by an order drawn by the Chan and the
Executive Director upon the Treasurer. Except when issued for the payment of judgments,
salaries, and wages previously fixed by the Board or by statute, principal and interest on
obligations, rent, and other fixed charges, the exact amount of which has been previously
determined by contract authorized by the Board, and except as provided hereafter, no order shall
be issued until the claim to which it relates has been audited and allowed by the Board. Upon
allowance by the Board, a claim may be paid.
Section 2. Any officer or other agent: or employee of the Authority who is authorized,
singly or in conjunction with another or others, to sign checks, drafts, warrants, warrant checks,
vouchers, or other orders on public funds on deposit in a depository bank, may authorize the
bank to honor any such instrument bearing a facsimile of that person's signature and to charge
the same to the account upon which drawn as fully as though it bore his or her manually written
signature. Any one or more of all of the signatures upon any such instrument: may be by
facsimile as herein provided.
ARTICLE X.
OFFICIAL NEWSPAPERS
The Authority designates as its official newspaper the official newspaper designated by
the City of Burnsville.
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ARTICLE XI.
AMENDMENTS
These Bylaws may be amended at any regular or special meeting of the Board with the
approval of five (5) Commissioners of the Board, which must include at least three
Commissioners appointed by a party, provided a copy of the proposed amendment has been
furnished to eacli Commissioner of the Board at least ten (10) days prior to the meeting subject
to ratification of each party.
Motion to Adopt Bylaws: Elizabeth Kautz
Motion Seconded By: Cathy Susho
Ayes 7 Nayes o
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ADOPTED as amended by the Minnesota Valley Transit Authority this 21.qtday of
February , 2002.
MINNESOTA VALLEY TRANSIT AUTHORITY
BY: Its Chaix
ATTEST:
BY:! r
Its Secret
1781721
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SEVERSON, SHE, LDON, DOUGHERTY
& MOLENDA, P.A.
TO:. Tom Hedges, City Administrator
FROM: Michael G. Dougherty, City Attorney
DATE: February 4, 2009
RE: MVTA At-Large Commissioner
In response to the request by Council member Tilley, I have had -an opportunity to review the
Amended and Restated MVTA Joint Powers Agreement and the Amended and Restated Bylaws
of the Minnesota Valley Transit Authority and offer the following opinion.
FACTS
The cities of Apple Valley, Burnsville, Eagan, Rosemount and Savage executed a joint powers
agreement establishing the Minnesota Valley Transit Authority (MVTA). The joint powers
agreement (JPA) is authorized pursuant to Minn. Stat, §47159; The JPA creates a governing
Board for the MVTA that consists of eight voting commissioners. Each city appoints one
commissioner to the Board. The Dakota County Board of Commissioners appoints one member
to the Board and the Scott County Board of Commissioners appoints one member to the Board.
The eighth and final Board position is an at-large commissioner.
The .IPA states, in Article 5, that the appointed commissioners from the cities of Burnsville,
Eagan and Apple Valley shall collectively appoint one commissioner and one alternate (the at-
large commissioner). This at-large commissioner shall be appointed annually at the January
meeting. The TPA also states that the commissioners' terms of office shall be deter mined by the
party making the appointment.
Article IV of the Bylaws contain a provision with respect to the Board of Commissioners.
Therein, it is stated that the terms of the commissioners are set by the cities that have appointed
them, except the at-large commissioner shall be limited to serving four consecutive one-year
terms.
OPINION
The Bylaws create an inconsistency with the TPA by placing a restriction on the term of the at-
large commissioner. It is our opinion that such restriction is unenforceable and ineffective. The
TPA clearly provides for the annual appointment of the at-large commissioner by the
commissioners from the cities of Burnsville,. Eagan and Apple Valley. Elsewhere, the TPA
confirms that the terms of office of commissioners shall be determined by the party making the
appointment (i.e. as to the at-large commissioner, the cities of Apple Valley, Burnsville and
Eagan). Since the member cities establishing the MVTA have provided for the teen of office in
the authorizing document, the Board has no authority to alter, modify or otherwise limit the term.
Essentially, the commissioners do not have the authority to abrogate the terms of the JPA which
have been established by the city councils.
It is our opinion that the JPA is unambiguous and that the commissioners from Apple Valley,
Burnsville and Eagan shall each January appoint the at-larger commissioner (and alternate). The
appointment is made by means of a majority vote (at least two out of the three votes). These
appointments are for a term of one year and there is no restriction on how many years an
appointee may serve.
If you have any questions, please give me a call. .
MGDljlt
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