Agenda - Council Work Session - 04/26/2011

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WHEREAS: Metropolitan Council Agreement No. 09 02.5 AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF FOREST LAKE WITH REGARD TO A TRANSIT SERVICE EXPANSION PLAN UNDER MINNESOTA STATUTES, SECTION 473.4461 THIS AGREEMENT is entered into by and between the Metropolitan Council, a public corporation and political subdivision of the state of Minnesota, and the City of Forest Lake, a political subdivision of the state of Minnesota. 1. Minnesota Statutes, section 473.446, subdivision 1, provides that for the purposes specified in the subdivision, and except as otherwise provided in the subdivision, the Metropolitan Council ( "Council ") shall levy each year upon all taxable property within the metropolitan area, as defined in section 473.121, subdivision 2 ( "Metropolitan Area "), a regional transit capital levy as specified in the subdivision. 2. Minnesota Statutes, section 473.4461 provides that notwithstanding any provision of section 473.446 or any other law, the Council may not levy a tax under section 473.446, subdivision 1, in any city not included in the transit taxing district as it existed on January 1, 2001, unless the Council and the governing body of that city have agreed on a transit service expansion plan. 3. The transit taxing district is defined in Minnesota Statutes, section 473.446, subdivision 2. 4. The City of Forest Lake ( "City ") is located in the Metropolitan Area but was not included in the transit taxing district as it existed and was defined by statute on January 1, 2001. 5. The Council is currently providing as a pilot project certain express bus service from the Forest Lake Transit Center, stopping at the Running Aces Park and Ride facility in the City of Columbus, and continuing to downtown Minneapolis. The pilot project utilized emergency funds provided by the federal government for the service from January 7, 2008 through September 16, 2008. Washington County, Anoka County and Chisago County (the "Counties ") and the Council funded the service from September 17, 2008 through December 31, 2008. The Council is funding the service in 2009, with Washington and Anoka counties funding the 2009 regional transit capital levy equivalent for Columbus and Forest Lake. The service was scheduled to terminate by December 31, 2009 unless both Columbus and Forest Lake agree to pay the regional transit capital levy effective January 1, 2010. Agreement between the Metropolitan Council and the City of Forest Lake with regard to a Transit Service Expansion Plan under Minnesota Statutes, section 473.4461 Page 1