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N OTICE OF M EETING Des Moines Area Metropolitan Planning Organization (MPO) Executive Committee

NOTICE OF MEETING

Des Moines Area Metropolitan Planning Organization (MPO) Executive Committee *************************** 11:30 a.m., Wednesday, January 12, 2011 MPO Meeting Room ***************************

TENTATIVE AGENDA

The established protocol for minutes of this meeting will be to list all attendees, and with each item on which a vote is conducted in the ordinary course in order to take formal action, those voting nay or abstaining will be identified by name. Any member who is absent from the meeting for any period of time during which a vote of the body is taken, is expected to notify the recording secretary at the conclusion of the meeting so that the absence can be duly noted in the minutes. Roll Call votes will be taken as required by law or upon the request of any member that is approved by the chair, and the vote of each member for or against the proposition, or abstention, will be incorporated in the minutes or recorded on a separate sheet attached to the minutes.

I. Call to Order

II. Approval of Agenda

III. Approval of Meeting Minutes

A. December 8, 2010, Meeting

page 3

B. December 8, 2010, Special Meeting

page 6

C. December 29, 2010, Special Meeting

page 8

D. December 30, 2010, Special Meeting

page 11

IV. Action Item

Federal Fiscal Year 2015 Surface Transportation Program and Surface Transportation Program Transportation Enhancement Project Priority Ranking Scores

page 13

V. Business Items

A. Fiscal Year 2012 Unified Planning Work Program and Budget Development

page 17

B. Guidelines for the Sustainable Communities Steering Committee

page 18

C. Federal Fiscal Year 2012 Transportation Appropriations Project List

page 20

D. Meeting Facility Rental Agreement

page 25

E. Passenger Rail Update

page 32

F. Sustainable Communities Regional Planning Grant Update

page 33

VI. Approval of the January 20, 2011, MPO Agenda

VII. Other Non-Action Items of Interest to the Committee

VIII. Next Meeting Date

11:30 a.m., Wednesday, February 9, 2011, MPO Meeting Room

IX. Adjournment

Altoona Ankeny Bondurant Carlisle Clive Dallas County Des Moines DART Grimes Johnston Mitchellville Norwalk Pleasant Hill Polk City Polk County Urbandale Warren County Waukee West Des Moines Windsor Heights

THIS PAGE LEFT BLANK INTENTIONALLY

MEETING MINUTES

Des Moines Area Metropolitan Planning Organization (MPO) Executive Committee 11:30 a.m., Wednesday, December 8, 2010 MPO Meeting Room Urbandale, Iowa

The MPO Executive Committee held a meeting at 11:30 a.m. on December 3, 2010, in the MPO Meeting Room. Before the meeting, the MPO staff sent agenda packets to the MPO Executive Committee’s representatives and posted the agenda at the MPO office at 2:47 p.m. on December 3, 2010. The fiscal year-to-date publication cost of meeting minutes for the MPO: $764.75. In addition to these published tentative minutes, there also may be additional meeting notes on file with the MPO staff

that are public records and available upon request as provided by law.

reflect all action taken at the meeting.

These tentative minutes

Members Present:

Ted Ohmart, City of West Des Moines Robert Mahaffey, City of Des Moines Angela Connolly, Polk County Brian Laurenzo, City of Johnston Tom Hockensmith, Polk County Chris Coleman, City of Des Moines

Members Absent:

Scott Cirksena, City of Clive

Others Present:

Mike Clayton, Iowa Department of Transportation*

Staff Present:

Tom Kane, Executive Director Stephanie Ripperger, Executive Administrator Jonathan Wilson, MPO General Counsel Adam Noelting, Principal Transportation Planner Dylan Mullenix, Senior Transportation Planner Zac Bitting, Associate Transportation Planner Bethany Wilcoxon, Associate Transportation Planner

3

I.

Call to Order

MPO Chair Ted Ohmart called the December 8, 2010, meeting to order at 11:47 a.m.

II.

Approval of Agenda

 

MOTION: A motion was made to approve the December 8, 2010, Des Moines Area Metropolitan Planning Organization Executive Committee meeting agenda.

 

MOTION CARRIED UNANIMOUSLY

 

III.

Approval of Meeting Minutes

MOTION: A motion was made to approve the November 10, 2010, Des Moines Area Metropolitan Planning Organization Executive Committee special meeting minutes.

 

MOTION CARRIED UNANIMOUSLY

 

IV. (A.)

Federal

Fiscal

Year

2011-2014

Transportation

Improvement

Program

Amendment – Iowa Department of Transportation

 

MOTION: A motion was made to recommend that the Des Moines Area Metropolitan Planning Organization approve amending the Federal Fiscal Year 2011-2014 Transportation Improvement Program to make the following addition:

 
 

Add a pavement rehabilitation project in Federal Fiscal Year 2011 on Iowa Highway 160/Iowa Highway 415 in Ankeny, PN# STP-()—2C-77, utilizing statewide Surface Transportation Program funding for

$3,500,000;

 

and forward the amendment to the Iowa Department of Transportation for inclusion in the Statewide Transportation Improvement Program, 2011-2014.

 
 

MOTION CARRIED UNANIMOUSLY

 

IV. (B.)

28E Agreement Amendment

MOTION: A motion was made to recommend that the Des Moines Area Metropolitan Planning Organization approve the Des Moines Area Metropolitan Planning Organization 28E Sixth Amended and Substituted Agreement, as presented and attached, and submit to member governments for ratification by resolution of the governing bodies of three-fourths of the member governments.

Motion Carried Unanimously

4

V. (A.)

Fiscal Year 2010 Unified Planning Work Program and Budget Amendment, Current Fiscal Year 2011 Budget, and Fiscal Year 2012 Budget Development

MOTION: A motion was made to recommend that the Des Moines Area Metropolitan Planning Organization approve the Fifth Amendment of the Des Moines Area Metropolitan Planning Organization’s Fiscal Year 2010 Unified Planning Work Program budget to transfer federal funds among the approved work elements to cover expenses actually incurred to date and at no increase in the total budget, as presented and as attached.

MOTION CARRIED UNANIMOUSLY

V. (B.)

Federal Fiscal Year 2012 Transportation Appropriations Project List

MPO staff presented; discussion only on Item V. (B.).

V. (C.)

Sustainable Communities Regional Planning Grant Update

MPO staff presented; discussion only on Item V. (C.).

V. (D.)

Executive Director Search Update

MPO staff presented; discussion only on Item V. (D.).

VI.

Approval of the December 16, 2010, MPO Agenda

MOTION: A motion was made to approve the December 16, 2010, Des Moines Area Metropolitan Planning Organization agenda, as presented and with the identified changes.

MOTION CARRIED UNANIMOUSLY

VII.

Other Non-Action Items of Interest to the Committee

(Brian Laurenzo arrived at 1:26 p.m.)

VIII. Next Meeting Date

11:30 a.m., Wednesday, January 12, 2011, MPO Meeting Room.

IX. Adjournment

Chair Ohmart adjourned the meeting at 1:30 p.m.

MEETING MINUTES

Des Moines Area Metropolitan Planning Organization (MPO) Special Executive Committee 1:30 p.m., Wednesday, December 8, 2010 MPO Meeting Room Urbandale, Iowa

The MPO Executive Committee held a special meeting at 1:30 p.m. on December 8, 2010, in the MPO Meeting Room. Before the meeting, the MPO staff sent agenda packets to the MPO Executive Committee’s representatives and posted the agenda at the MPO office at 5:05 p.m. on December 6, 2010. The fiscal year-to-date publication cost of meeting minutes for the MPO: $764.75. In addition to these published tentative minutes, there also may be additional meeting notes on file with the MPO

staff that are public records and available upon request as provided by law.

minutes reflect all action taken at the meeting.

These tentative

Members Present:

Others Present:

Ted Ohmart, City of West Des Moines

Todd Ashby

Robert Mahaffey, City of Des Moines Brian Laurenzo, City of Johnston

Staff Present:

Angela Connolly, Polk County Tom Hockensmith, Polk County Chris Coleman, City of Des Moines

Jonathan Wilson, MPO General Counsel

Members Absent:

Scott Cirksena, City of Clive

6

I.

Call to Order

MPO Chair Ted Ohmart called the December 8, 2010, special meeting to order at 2:00 p.m.

II. Approval of Agenda

MOTION: A motion was made to approve the December 8, 2010, Des Moines Area Metropolitan Planning Organization Executive Committee special meeting agenda.

MOTION CARRIED UNANIMOUSLY

III. Executive Director Recruitment Status Update

Discussion only on Item III.

IV. Other Non-Action Items of Interest to the Committee

V. Next Meeting Date

11:30 a.m., Wednesday, January 12, 2010, MPO Meeting Room.

(Tom Hockensmith exited at 2:36 p.m.)

VI. Adjournment

Chair Ohmart adjourned the meeting at 2:37 p.m.

7

MEETING MINUTES

Des Moines Area Metropolitan Planning Organization (MPO) Executive Committee 12:00 p.m. (noon), Wednesday, December 29, 2010 MPO Meeting Room Urbandale, Iowa

The MPO Executive Committee held a special meeting at 12:00 p.m. on December 29, 2010, in the MPO Meeting Room. Before the meeting, the MPO staff sent agenda packets to the MPO Executive Committee’s representatives and posted the agenda at the MPO office at 4:04 p.m. on December 22,

2010. The fiscal year-to-date publication cost of meeting minutes for the MPO: $764.75. In

addition to these published tentative minutes, there also may be additional meeting notes on file with the MPO staff that are public records and available upon request as provided by law. These tentative minutes reflect all action taken at the meeting.

Members Present:

Ted Ohmart, City of West Des Moines Scott Cirksena, City of Clive Robert Mahaffey, City of Des Moines Angela Connolly, Polk County Brian Laurenzo, City of Johnston Tom Hockensmith, Polk County Chris Coleman, City of Des Moines

Members Absent:

Others Present:

Staff Present:

Jonathan Wilson, MPO General Counsel Stephanie Ripperger, Executive Administrator Adam Noelting, Principal Transportation Planner Dylan Mullenix, Senior Transportation Planner Luke Parris, Associate Transportation Planner Bethany Wilcoxon, Associate Transportation Planner

8

I.

Call to Order

MPO Chair Ted Ohmart called the December 29, 2010, special meeting to order at 12:05 p.m.

II. Approval of Agenda

MOTION: A motion was made to approve the December 29, 2010, Des Moines Area Metropolitan Planning Organization Executive Committee special meeting agenda.

MOTION CARRIED UNANIMOUSLY

MOTION:

AYE:

A motion was made that the Des Moines Area Metropolitan Planning Organization Executive Committee convene in closed session pursuant to Iowa Code Section 21.5(1)(i) .

Ohmart, Cirksena, Mahaffey, Connolly, Laurenzo, Hockensmith, and Coleman.

NAY/ABSTAIN: None

MOTION CARRIED UNANIMOUSLY

Chair Ohmart adjourned the closed session at 12:55 p.m.

III.(A).

Consider and Act Upon the Matter of the Executive Director Replacement

MOTION: A motion was made to authorize the Des Moines Area Metropolitan Planning Organization General Counsel to enter into negotiations with Executive Director replacement candidate R. Todd Ashby, with the understanding that the results of those negotiations would be reported to the Des Moines Area Metropolitan Planning Organization Executive Committee at another special meeting to be held at 3:45 on December 30, 2010, immediately prior to the Des Moines Area Metropolitan Planning Organization special meeting. It was anticipated that the Des Moines Area Metropolitan Planning Organization Executive Committee would then be in a position to make a final recommendation at the Des Moines Area Metropolitan Planning Organization special meeting.

MOTION CARRIED UNANIMOUSLY

9

III.(B).

Consider and Act Upon the Matter of Interim Executive Director

MOTION: A motion was made to recommend that the Des Moines Area Metropolitan Planning Organization Executive Committee recommend that the Des Moines Area Metropolitan Planning Organization approve a resolution recommending the designation of Adam Noelting as Interim Executive Director.

MOTION CARRIED UNANIMOUSLY

VI. Other Non-Action Items of Interest to the Committee

VII. Next Meeting Date

3:45 p.m., Thursday, December 30, 2010, Des Moines Botanical Center’s Willow Room.

VIII. Adjournment

Chair Ohmart adjourned the meeting at 1:05 p.m.

MEETING MINUTES

Des Moines Area Metropolitan Planning Organization (MPO) Executive Committee 3:45 p.m., Thursday, December 30, 2010 Des Moines Botanical Center’s Willow Room

The MPO Executive Committee held a special meeting at 3:45 p.m. on December 30, 2010, in the Des Moines Botanical Center’s Willow Room. Before the meeting, the MPO staff sent agenda packets to the MPO Executive Committee’s representatives and posted the agenda at the MPO office at 3:05 p.m. on December 29, 2010. The fiscal year-to-date publication cost of meeting minutes for the MPO:

$764.75. In addition to these published tentative minutes, there also may be additional meeting notes on file with the MPO staff that are public records and available upon request as provided by law. These tentative minutes reflect all action taken at the meeting.

Members Present:

Ted Ohmart, City of West Des Moines Scott Cirksena, City of Clive Chris Coleman, City of Des Moines Robert Mahaffey, City of Des Moines Brian Laurenzo, City of Johnston Angela Connolly, Polk County Tom Hockensmith, Polk County

Members Absent:

Others Present:

Staff Present:

Jonathan Wilson, MPO General Counsel Adam Noelting, Principal Transportation Planner

11

I.

Call to Order

MPO Chair Ted Ohmart called the December 30, 2010, special meeting to order at 3:47 p.m.

II.

Approval of Agenda

MOTION: A motion was made to approve the December 30, 2010, Des Moines Area Metropolitan Planning Organization Executive Committee special meeting agenda.

MOTION CARRIED UNANIMOUSLY

III.

Further Consider and Act Upon the Matter of the Executive Director Replacement

MOTION:

A motion was made and seconded to recommend that the Des Moines Area Metropolitan Planning Organization Executive Committee recommend that the Des Moines Area Metropolitan Planning Organization approve the Resolution Recommending Authorization To Hire Executive Director and To Designate Interim Executive Director, as presented.

MOTION CARRIED UNANIMOUSLY

VI.

Other Non-Action Items of Interest to the Committee

VII.

Next Meeting Date

11:30 a.m., Wednesday, January 12, 2011, MPO Meeting Room.

VIII.

Adjournment

Chair Ohmart adjourned the meeting at 3:55 p.m.

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IV.(A). Federal Fiscal Year 2015 Surface Transportation Program and Surface Transportation Program Transportation Enhancement Project Priority Ranking Scores

Action Item

The MPO Transportation Technical Committee requests that:

the Des Moines Area Metropolitan Planning Organization Executive

Committee recommend that the Des Moines Area Metropolitan Planning Organization receive and accept the Federal Fiscal Year 2015 Surface Transportation Program and Surface Transportation Program Transportation Enhancement project scores, and forward the following projects, scoring 50 points or more, to the Des Moines Area Metropolitan Planning Organization Surface Transportation Program Funding Subcommittee for consideration for Federal Fiscal Year 2015 funding:

Surface Transportation Program

Major Construction – Existing Category

o

City of Ankeny - Northeast 36th Street - Interstate Highway 35 to U.S. Highway 69 (North Ankeny Boulevard) – 57 points

o

City of Grimes - Southeast 19th Street - Iowa Highway 141 to 2600' east of Iowa Highway

141 – 80 points;

o

City of Grimes - Southeast 37th Avenue - Iowa Highway 141 to South James Street – 79 points;

o

City of Grimes - Southeast 37th Avenue - Iowa Highway 141 to 700' west of Northwest 100th Street – 74 points;

o

City of Johnston - Northwest 70th Avenue - Northwest 86th Street to Northwest 100th Street – 64 points;

o

City of Urbandale - 100th Street - over Interstate Highways 35/80 – 53 points;

o

City of Urbandale - 142nd Street - Hickman Road (U.S. Highway 6) to Walnut Creek – 65 points;

o

City of Urbandale (Grimes) - Meredith Drive - Northwest 128th Street to Northwest 142nd Street – 59 points;

o

City of Waukee - Alice's Road - Hickman Road (U.S. Highway 6) to University Avenue

66 points;

o

City of Waukee - Waco Place - University

Avenue to Ashworth Road – 50 points;

o

City of West Des Moines - Grand Avenue -

Raccoon River Park to Interstate Highway 35

– 67 points;

© FY 2011 Des Moines Area Metropolitan Planning Organization

13 Please call (515) 334-0075 to obtain permission for use.

o

Polk County - Beaver Drive - Interstate Highways 35/80 to Aurora Avenue – 60 points; and,

o

Polk County - Northwest 66th Avenue (Kempton Bridge) - Northwest Beaver Drive to Northwest 26th Street – 72 points;

Major Construction – New Category

o

City of Des Moines - Southeast Connector - Southeast 14th Street to Southeast 30th Street – 52 points;

o

City of Grimes - Southeast 50th Street - Iowa Highway 141 to South James Street – 64 points; and,

o

Polk County - Northeast Beltway - Interstate Highway 80 to U.S. Highway 69 – 55 points;

Minor Construction Category

City of Des Moines - Southwest 9th Street at Kenyon Avenue – 63 points;

Preservation

o

City of Des Moines - Grand Avenue - over Des Moines River – 61 points;

o

City of West Des Moines (Clive) - University Avenue - 22nd Street to 50th Street – 74 points;

o

Iowa Department of Transportation - U.S. Highway 6 (Euclid Avenue) - U.S. Highway 69 (Northeast 14th Street) to Hubbell Avenue – 81 points;

o

Polk County - Northwest/Northeast Aurora Avenue - Northwest Morningstar Drive to Dixon Street – 66 points; and,

o

Polk County - Northeast 22nd Street - Northeast 66th Avenue to Des Moines Corporate Limits – 62 points;

Alternative Transportation Category

Des Moines Area Regional Transit Authority - Purchase of Three Buses – 61 points.

© FY 2011 Des Moines Area Metropolitan Planning Organization

14 Please call (515) 334-0075 to obtain permission for use.

Surface Transportation Program Transportation Enhancement

Bicycle and Pedestrian Facilities Category

o

City of Ankeny - Gay Lea Wilson Trail Extension (Ankeny Segment) - Southeast 54th Street to Northeast 54th Avenue – 77 points;

o

City of Des Moines - Ewing Park and Easter Lake Park Trail Connection - In Ewing Park, east of Indianola Avenue and leading into Easter Lake Park – 65 points;

o

City of Des Moines - Neal Smith Trail Connection - In Des Moines, from Kiwanis Nature Island to trail bridge over Saylor Creek – 70 points;

o

City of Johnston - Northwest Beaver Drive Trail - Northwest Beaver Drive from Northwest 66th Avenue to Eagle Crest Drive – 58 points;

o

Polk County - Easter Lake Trail (Sections A and F) - Easter Lake Park Trail, west side of lake near Indianola Avenue – 65 points; and,

o

City of Urbandale - Walnut Creek Trail (Meredith Drive to 156th Street) - Along Walnut Creek at Meredith Drive northwest to 156th Street – 64 points;

Scenic/Environmental Category

o

City of Des Moines - Drake Area Streetscape - University Avenue and Forest Avenue from MLKing Jr Parkway to 31st Street – 79 points;

o

City of Des Moines - Highland Park Streetscape (Phase 2) - Euclid Avenue from 6th Avenue to Cornell Street – 75 points;

o

City of Des Moines - Ingersoll Avenue Streetscape (Phase 2) - Ingersoll Avenue from 31st Street to 35th Street – 78 points;

o

City of Waukee - Key Intersection Improvements - Intersection of Alice's Road and Hickman Road (U.S. Highway 6) – 65 points; and,

o

City of West Des Moines - Valley Junction Streetscape (Pedestrian/Roadway Lighting) - Locust Street to Railroad Avenue on 4th, 5th, and 6th Street – 65 points.”

© FY 2011 Des Moines Area Metropolitan Planning Organization

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Background Information

The MPO staff:

Met with the MPO TTC Engineering Subcommittee on Monday, December 13, 2010, to review and to finalize the Surface Transportation Program (STP) project priority ranking scores for Federal Fiscal Year (FFY) 2015;

Received initial STP Transportation Enhancement (TE) Scenic/Environmental category project scores from the MPO TTC Planning Subcommittee on Wednesday, December 15, 2010;

Received initial STP TE Bicycle/Pedestrian Facilities category project scores from the MPO Metropolitan Trails Planning Committee on Wednesday, December 15, 2010; and,

Has included, as supplemental items, copies of the STP and STP TE project priority ranking scoring criteria summaries.

Staff Contact:

Adam Noelting, aknoelting@dmampo.org; (515) 334-0075, extension #211; Luke Parris, lparris@dmampo.org; (515) 334-0075, extension #207.

© FY 2011 Des Moines Area Metropolitan Planning Organization

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V.(A). Fiscal Year 2012 Unified Planning Work Program and Budget Development

Business Item

The MPO Budget Review Committee:

Was appointed to review and to make recommendations on the MPO’s budget;

Is comprised of City and County financial staff from the City of Ankeny, City of Des Moines, City of West Des Moines, and Polk County; and,

Will be present on January 12, 2011, to provide recommendations on the Fiscal Year 2012 budget development.

The MPO staff:

Is in the process of drafting the Fiscal Year 2012 Unified Planning Work Program and Budget (FY 2012 UPWP);

Notes the FY 2012 UPWP will document all transportation planning activities performed using federal funds from July 1, 2011, through June 30, 2012;

Notes the Iowa Department of Transportation (DOT) requires the UPWP to:

o

Document the MPO’s UPWP development process;

o

Identify the MPO’s committee structure and their respective representatives;

o

Describe the MPO’s proposed planning tasks; including, task objective, previous work, project description, and product; and,

o

Document the MPO’s budget and funding sources;

Asks for input from the member governments and participating agencies on planning tasks for Fiscal Year 2012;

Notes the Iowa DOT requests the MPO to submit a draft FY 2012 UPWP by April 2, 2011, and to submit the final FY 2012 UPWP by June 1, 2011;

Invites the Executive Committee to make a projection and/or recommendation regarding the anticipated assessment level for the FY 2012 UPWP so that local governments have that information in order to facilitate their respective budget development processes; and,

Will bring forward the FY 2012 UPWP draft in the coming months.

Staff Contact:

Adam Noelting, aknoelting@dmampo.org; (515) 334-0075, extension #211.

© FY 2011 Des Moines Area Metropolitan Planning Organization

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V.(B). Guidelines for the Sustainable Communities Steering Committee

The MPO General Counsel:

Business Item

On December 2, 2010, presented the Guidelines for the Sustainable Communities Steering Committee (Guidelines) to the Regional Plan For Sustainable Development Steering Committee (Steering Committee);

On December 9, 2010, the MPO staff submitted the Guidelines to the MPO’s Grant and Budget Officer and Program Analyst at the U.S. Department of Housing and Urban Development (HUD);

On December 16, 2010, the MPO staff presented the Guidelines to the MPO;

Notes the Guidelines define the charge and operating procedures, and outline the authority and limitations of the Steering Committee;

Recognizes the Steering Committee will report to the MPO Executive Committee, which will in turn report to the MPO; and,

Has included, immediately following, the Guidelines for review and consideration.

Staff Contact:

Jonathan Wilson, JonathanWilson@davisbrownlaw.com.

© FY 2011 Des Moines Area Metropolitan Planning Organization

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Guidelines for Sustainable Communities

STEERING COMMITTEE

Charge: Provide guidance and oversight in the performance of the Sustainable Communities Regional Planning Grant Agreement (“Agreement”); facilitate local collaborations and in-kind contributions to that effort; oversee coordination with the US Department of Housing and Urban Development, the US Environmental Protection Agency, and the US Department of Transportation, with accountability to the Des Moines Area Metropolitan Planning Organization (“MPO”) as lead agency and signatory to the Agreement; and build public awareness and community consensus in support of the contemplated regional planning process and the eventual Regional Plan for Sustainable Development (“RPSD”).

Conditions:

MPO Executive Committee. The Steering Committee’s activities will be subject to the Iowa Open Meetings Law (Iowa Code Chapter 21) and its records will be subject to the Iowa Public Records Law (Iowa Code Chapter 22). The Steering Committee’s meetings will be conducted generally in conformity with Robert’s Rules of Order. The Steering Committee will, subject to approval of the MPO, select its membership from time-to-time. The Steering Committee may, from time-to-time, appoint sub- committees and/or task forces that include members of the Steering Committee and/or others from the central Iowa community who have knowledge and/or skill sets deemed advantageous to the assigned work of the sub-committee or task force. Any sub-committee or task force comprised of less than a majority of the members of the Steering Committee will not be subject to the Iowa Open Meetings Law unless otherwise provided by the Steering Committee. Staffing support for the activities of the Steering Committee and any sub-committees and task forces will be provided by the MPO, along with supplies

and costs associated with those activities and reimbursable from grant proceeds.

The Steering Committee is a sub-group of the MPO and reports on its activities to the

Authority / Limitations: The Steering Committee will have general responsibility and authority for day- to-day administration and oversight of the performance of the Agreement, administration of associated contracts, and the direction of assigned support staff, subject to the following limitations:

1. Provisions of applicable state and federal law.

2. Provisions of the Agreement.

3. Policies and directives adopted by the MPO.

4. Execution of contracts is reserved to the MPO.

5. Provisions of applicable contracts.

6. Any proposed action of the Steering Committee, other than recommendations to the MPO Executive Committee, that is not supported by at least 60% of the Steering Committee members present and voting at a duly called meeting of the Steering Committee is not authorized.

Subject to the foregoing, the Steering Committee will from time-to-time make decisions and adopt policies, procedures, and operating protocols as deemed necessary and proper in order to fulfill its charge.

#1920755

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V.(C). Federal Fiscal Year 2012 Transportation Appropriations Project List

The MPO staff:

Business Item

On September 27, 2010, mailed to each member government and participating agency a notice requesting letters of intent for projects that will apply for Federal Fiscal Year (FFY) 2012 transportation appropriations funding and seek to be part of the Policy Book for the Greater Des Moines Partnership’s 2011 trip to Washington, D.C., to meet with the area’s congressional delegation;

Notes that letters of intent were due to the MPO office by Friday, October 22, 2010;

Requested any deletions or revisions to the list be submitted to the MPO staff on or before November 19, 2010;

Has included, immediately following, the final listing of projects submitted to the MPO for FFY 2012 transportation appropriations consideration;

Notes the MPO’s Surface Transportation Program Funding Subcommittee will meet in January 2011 to select priority projects from the full project listing;

Notes that, at its February 17, 2011, meeting, the MPO will take action to approve the final project listing and priorities for:

Inclusion in the Greater Des Moines Partnership’s June 2011 Policy Book; and, o Submission to Iowa’s Congressional staff for consideration in the upcoming FFY 2012 transportation appropriations process; and,

o

Will work with project sponsors and congressional staffs to ensure project sponsors receive and complete appropriation applications.

Staff Contact:

Dylan Mullenix, dmullenix@dmampo.org; (515) 334-0075, extension #202.

© FY 2011 Des Moines Area Metropolitan Planning Organization

20 Please call (515) 334-0075 to obtain permission for use.

Des Moines Area Metropolitan Planning Organization/Greater Des Moines Partnership Federal Fiscal Year 2012 Transportation Appropriations Requests

Surface Transportation Projects

District

Boswell

Boswell

 

Boswell

Boswell

Boswell

Boswell

 

Boswell

 

Boswell

Year MTP Past Priority Congressional

Reauthorization

   

Reauthorization FY 11 Approp. FY 10 Approp. FY 09 Approp.

FY 11 Approp. FY 10 Approp. FY 09 Approp.

 

Reauthorization

Boswell$14,300,000

Reauthorization FY 11 Approp. FY 10 Approp. FY 09 Approp.

Reauthorization

FY 08 Approp.

2012 HY 2035

20112015

20112015,

20262035

N/A

20162025

N/A

20162025

20162025

20112015

20112015

20112015

20162025

FFY Request Federal

$2,000,000

$2,000,000

$665,500

$2,000,000

$1,500,000

$2,000,000

$2,000,000

$2,000,000

$1,000,000

$1,000,000

$2,000,000

Total Cost Project

$4,830,000

$4,260,000

$832,000

$65,000,000

$4,200,000

$27,850,000

   

$23,920,000

$6,250,000

$21,500,000

Project Description

Reconstruct and widen Adventureland Drive from 34th Avenue Northwest

approximately 1,930 feet west to the existing four lane boulevard.

Reconstruct and widen (4 lane) Northeast 36th Street from U.S. Highway 69

(North Ankeny Boulevard) to Interstate Highway 35.

Improvements at the intersection of Southeast 64th Avenue (Army Post Road)

and Southeast 52nd Street, including mill and overlay, new turn lanes, and

drainage improvements.

Acquire right of way and construct Southeast Connector from Southeast 14th

Street to Southeast 30th Street.

Rehabilitate Grand Avenue Bridge.

Construct new roadway from Interstate Highways 35/80 west to Northwest

128th Street.

Reconstruct and widen (4 lane) Northwest 70th Avenue from Northwest 86th

Street to Northwest 107th Street.

Interchange with US 65 in Altoona.

Reconstruct Northwest 66th Avenue and the Des Moines River Bridge

(Kempton Bridge) from Northwest 26th Street to Northwest Beaver Drive.

BoswellEast

segment design and right of way acquisition. West segment

environmental study.

Construct new interchange on Interstate Highways 35/80 at Northwest 100th

Street.

Project Submitted

Adventureland Drive Reconstruction and Widening

 

Northeast 36th Street Reconstruction

 

BoswellCarlisle

Southeast 64th Avenue/Southeast 52nd Street Intersection Improvements

 

Southeast Connector

Grand Avenue Bridge Over the Des Moines River

Northwest 50th Avenue Extension

 

$12,200,000Johnston

Northwest 70th Avenue Reconstruction

 

Reconstruction of mainline pavement and ramps at the Interstate 80Iowa

Department of Transportation Interstate Highway 80 Interchange at US Highway 65 in Altoona

Northwest 66th Avenue Reconstruction and Kempton Bridge Replacement

 

Northeast Beltway

Interstate Highways 35/80 Interchange at Northwest 100th Street

 

Government/Agency

Altoona

Ankeny

 

Des Moines

Des Moines

Grimes

   

Polk County (City of Johnston)

Polk County (Cities of Des Moines,

Ankeny, Bondurant, Elkhart,

Altoona, Polk City, and Alleman)

Urbandale

21

Surface Transportation Projects (continued)

District

Boswell

Boswell

Latham

Latham

Boswell

Year MTP Past Priority Congressional

   

Reauthorization

Reauthorization FY 11 Approp. FY 08 Approp.

FY 11 Approp. FY 10 Approp. FY 09 Approp. FY 08 Approp.

2012 HY 2035

20112015

20112015

20112015

20112015

 

FFY Request Federal

$1,680,000

$2,000,000

$2,000,000

$2,000,000

20112015$2,000,000

Total Cost Project

$2,100,000

$2,800,000

$14,500,000

$16,600,000

$14,300,000

Project Description

Widen (4 lane) 128th Street from Ridgeview Drive to Douglas Parkway.

Widen (4lane) 121st Street from Doulas Parkway to Meredith Drive.

Construct (6 lane) Alice's Road from Ashworth Road to University Avenue.

Construct new interchange on Interstate Highway 80 at the Alice's Road/105th

Street bridge, and construct (6lane) Alice's Road north to Ashworth Road and

construct (6 lane) 105th Street south to Wendover Road.

Construct roadway between Iowa Highway 5 and Iowa Highway 28 (South 1st

Street).

Project Submitted

     

Alice's Road/105th Street Interchange and Connecting Roads

   

128th Street Widening

121st Street Widening

Alice's Road Extension

Southwest Connector Phase 3

Government/Agency

Waukee (City of West Des Moines )

West Des Moines

 

Urbandale

Urbandale

Waukee

$235,442,000 $27,845,500 TOTAL (All Surface Transportation Projects)

$235,442,000 $27,845,500

TOTAL (All Surface Transportation Projects)

Boswell

Boswell

20112015

20112015

$2,000,000

$1,500,000

$500,000

$2,525,000

$1,900,000

$625,000

DART to issue the cards or utilize company identification badges for payment.

Install new, updated shelters and schedule information at planned Bus Rapid

with its Unlimited Access program with employers. Smart cards would allow

DART's fareboxes are at capacity and DART has limited expansion capability

Transit (BRT) stops on University Avenue. This project allows for expedited

implementation of BRT once upgrade is complete.

New Customer Facilities on University Avenue Bus Rapid Transit Corridor

Advanced Smart Card Reader and Fare Payment System

Des Moines Area Regional Transit

Des Moines Area Regional Transit

TOTAL (All Transit Projects)

Transit Projects

Trail Projects

Authority

Authority

District

Latham

Latham

Latham

 

Boswell

Boswell/ Latham

Boswell

 

Boswell

Boswell

Year MTP Past Priority Congressional

       

FY 11 Approp. FY 10 Approp. FY 09 Approp. FY 08 Approp.

FY 10 App rop . FY 09 App rop . FY 08 App rop .

       

2012 HY 2035

N/A

 

N/A

 

N/A

N/A

N/A

 

N/A

 

FFY Request Federal

 

$176,000

$800,000

 

$2,000,000

$1,520,000

$500,000

 

$700,000

N/A$468,000

Total Cost Project

$400,000

$220,000

$1,000,000

 

$60,000,000

$1,900,000

$2,640,000

 

$1,540,000

$735,000

Project Description

$320,000Construct

pedestrian bridge over the North River at proposed Scotch Ridge

Nature Park.

N/AConstruct

an atgrade pedestrian crossing on Iowa Highway 5 between the

Iowa Highway 5 Frontage Road and the Carlisle Middle School on Scotch Ridge

Road.

Construct a grade separated bicycle/pedestrian overpass over Iowa Highway 5

from the north trailhead of the Summerset National Recreational Trail to

downtown Carlisle and ultimately to the Principal Riverwalk in downtown Des

Moines via the Des Moines to Carlisle Trail

Construct trails, walkways, promenades, and other recreational

enhancements along the Des Moines River.

Implement an eight county trail signage for central Iowa trails, developed

through the Central Iowa Trails Communication Plan.

Construct a 4.8 mile trail along the shoreline of Easter Lake, which includes

five pedestrian bridges, and will connect Ewing Park, the new bike lanes on

Indianola Avenue, the proposed Des Moines River Trail, and the proposed

Carlisle to Des Moines trail

Design and construct a 7.3 mile, multi purpose recreational trail that will

connect the cities of Ankeny and Des Moines through unincorporated Polk

County.

Construct 12 foot concrete trail from Douglas Parkway north to Meredith

Drive, including a bridge over Walnut Creek.

Project Submitted

North River Pedestrian Bridge at Scotch Ridge Nature Park

Scotch Ridge Road/Iowa Highway 5 Pedestrian Improvements

Iowa Highway 5 Pedestrian Overpass at South Garfield Street

 

Des Moines (Principal) Riverwalk

Central Iowa Trail Signage

Easter Lake Trail

 

Polk County Conservation Board and Gay Lea Wilson Trail Ankeny to Des Moines

Walnut Creek Regional Park Trail Connection

Government/Agency

         

Des Moines Area Metropolitan

 

Polk County Conservation Board

         

Carlisle

Carlisle

Carlisle

Des Moines

Planning Organization

City of Ankeny

Urbandale

23

$68,435,000 $6,484,000 TOTAL (All Trail Projects)

$68,435,000 $6,484,000

TOTAL (All Trail Projects)

Boswell$600,000

N/A

$600,000

$700,000

$700,000

Flood prevention study of the Fourmile Creek Watershed.

* The MPO does not include airport projects when selecting priority projects for annual appropriations.

Fourmile Creek Watershed Study

Polk County (Cities of Des Moines,

TOTAL (All Other Projects)

Ankeny, and Pleasant Hill)

Airport Projects*

Other Projects

District

   

Boswell

Boswell

Year MTP Past Priority Congressional

 

Boswell$100,000

   

2012 HY 2035

N/A

N/A

N/A

 

FFY Request Federal

$6,460,000

 

$191,355

N/A$102,349

Total Cost Project

$22,500,000

$105,264

 

$107,736

Project Description

Replace Taxiway D pavement section numbers 6, 8, and 9 from Taxiway D2 to

the northwest end of the Iowa Air National Guard apron to comply with FAA

safety and pavement maintenance requirements according to the MicroPaver

Pavement Mana gement S ystem.

Rehabilitation the existing AWOS III system.

Rehabilitation pavement on Runway 4/22.

Rehabilitation the Tee hanger taxiway pavement.

Project Submitted

BoswellDes

Taxiway D Reconstruction

Automated Weather Observing System (AWOS) III Rehabilitation

$201,426Polk

Runway 4/22 and Taxiway D Pavement Rehabilitation

Tee Hanger Taxiway Pavement Rehabilitation

Government/Agency

Moines International Airport

 

Polk County Aviation Authority

County Aviation Authority

Polk County Aviation Authority

$22,914,426 $6,853,704 TOTAL (All Airport Projects)

$22,914,426 $6,853,704

TOTAL (All Airport Projects)

24

$330,016,426 $43,783,204 TOTAL (All Projects)

$330,016,426 $43,783,204

TOTAL (All Projects)

V.(D). Meeting Facility Rental Agreement

The MPO staff:

Business Item

Notes that historically, the MPO and MPO Transportation Technical Committee (TTC) have held their respective regularly scheduled monthly meetings at the Des Moines Botanical Center;

Notes that after December 2009, the Des Moines Botanical Center raised its rates from $100 a meeting to $250 a meeting;

Notes that rates in Calendar Year 2011 will remain at $250 a meeting;

Notes the MPO has been asked to sign Facility Rental Agreements for both the MPO and MPO TTC; and,

Has included, immediately following, comments from General Counsel regarding the Des Moines Botanical Center’s Facility Rental Agreement.

Staff Contact:

Adam Noelting, aknoelting@dmampo.org; (515) 334-0075, extension #211.

© FY 2011 Des Moines Area Metropolitan Planning Organization

25 Please call (515) 334-0075 to obtain permission for use.

Adam Noelting

Page 1 of 2

From:

Wilson, Jonathan C. [JonathanWilson@davisbrownlaw.com]

Sent:

Tuesday, January 04, 2011 12:37 PM

To:

Adam Noelting

Cc:

'Ted Ohmart'

Subject: Facility "Rental" Agreement

Adam,

You provided me with a copy of the proposed “Facility Rental Agreement” provided by the Botanical Center. I understand that there is an essentially duplicate draft agreement for Tech Committee meetings at the Botanical Center. You did not provide a copy of the referenced “Invoice” incorporated into the Agreement. I’m assuming it sets forth the per meeting charge for each of the two Agreements and does not contain other substantive terms.

I have not previously been asked to review this agreement form.

I make the following observations/suggestions:

1. As I read the document, when the agreement is signed the reserved meeting dates are considered “booked” and 50% of the fees are then due. Unless the invoice indicates otherwise, that would appear to mean that if the charge per meeting is say $100, and therefore $1200 for 12 months, upon signing the agreement $600 would be immediately due and payable. Query whether this is how this has been handled in the past. I don’t particularly like that approach (a) because of termination provisions/remedies provided elsewhere in the agreement, and (b) because of my suggestion that the MPO reserve the right to cancel the agreement entirely, without penalty, on 3 month’s notice.

2. I’d recommend asking that the agreement allow the MPO the right to cancel the entire agreement at any time on three month’s notice, given the historic concerns about this meeting location and increasing costs.

3. The exclusive remedy for non performance by the Botanical Center is a return of prepaid rental charges. Preferably, the Botanical Center would compensate for costs incurred to obtain alternate rental space (but I highly doubt we’d be able to get that accomplished). In any event, there should be a provision for recovery of attorney fees if it ever became necessary to litigate over the interpretation of the agreement or the recovery of the refund (the agreement provides that the Botanical Center can recover attorney fees if the Botanical Center ever had to resort to litigation turn about should be fair play).

4. The agreement provides that ONLY the Exclusive Contracted Caterer – at its thenprevailing prices – is allowed to provide any food or beverages “except for commercially baked specialty cakes, nuts and mints.” I assume this is as it has been over the past several years at least.

5. I note that Item 13 refers to “Item 10, Section b” – that SHOULD BE a reference to “Item 13, Section b” ‐‐ goes to show you how things can get screwed up when they’re put on “automatic pilot” and folks stop reading their own contracts.

6. Finally, notice the provision in Item 18, allowing for a potential 20% catering service charge. I assume this is not new to our experience there; I’d like to have a representation from the Botanical Center that no portion of any such “service charge” would go to the Botanical Center. Also, there is a “for certain” 10% service charge on the rental charges. I’m also assuming this is not new.

Contact me with questions.

26

Page 2 of 2

Jonathan

Davis, Brown, Koehn, Shors & Roberts, P.C.

Jonathan C. Wilson, Attorney at Law The Davis Brown Tower 215 10th Street, Suite 1300 Des Moines, Iowa 50309 3993 Phone: (515) 288 2500 Fax: (515) 243 0654 web: DavisBrownLaw.com email: jonathanwilson@davisbrownlaw.com

e ‐ mail: jonathanwilson@davisbrownlaw.com Davis, Brown, Koehn, Shors, & Roberts, P.C. The Davis

Davis, Brown, Koehn, Shors, & Roberts, P.C.

The Davis Brown Law Firm is committed to providing Exceptional Client Service. For a review of the supporting principles, go to www.davisbrownlaw.com/about/exceptional

To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that, unless we expressly state otherwise in this communication (including any attachments), any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or other matter addressed herein.

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27

V.(E).

Passenger Rail Update

Business Item

The Iowa Department of Transportation (DOT):

Has developed a 10 Year Strategic Passenger Rail Plan draft;

Presented the draft plan at the January 3, 2011, Passenger Rail Advisory Group meeting;

Requests interested parties to review and comment on the draft plan by January 31, 2011;

Notes comments can be sent to the Iowa DOT Office of Rail’s Amanda Martin at Amanda.Martin@dot.iowa.gov; and,

Is working to secure state funding to match federal funds awarded in 2010 to implement service between Chicago and Iowa City, and to secure annual operating assistance for the route.

The MPO staff:

Notes the 10 Year Strategic Passenger Rail Plan addresses service along the Chicago-Omaha corridor;

Notes the Iowa DOT is required by the Federal Railroad Administration to review all potential corridors that would connect Omaha and Chicago, one of which includes the Iowa Interstate Railroad through Des Moines;

Notes the plan recommends the Iowa Interstate Railroad through Des Moines as the preferred route alternative;

Notes a more thorough analysis will soon begin to officially select the Chicago-Omaha route alignment;

Notes the plan also identifies future service between Kansas City and Minneapolis, via Des Moines, although plans for this route are beyond the 10 year timeframe of the plan;

Has included, as a supplemental item to the agenda packet, a copy of the 10 Year Strategic Passenger Rail Plan.

Staff Contact:

Dylan Mullenix, dmullenix@dmampo.org; (515) 334-0075, extension #202.

© FY 2011 Des Moines Area Metropolitan Planning Organization

32 Please call (515) 334-0075 to obtain permission for use.

V.(F).

Sustainable Communities Regional Planning Grant Update

The MPO staff:

Business Item

Continues to work with the U.S. Department of Housing and Urban Development (HUD) to finalize the project budget and the terms of the grant, including the effective start date of the grant agreement;

Has included, as a supplemental item, the preliminary workplan submitted to HUD;

Released the Request for Qualifications on Monday, December 6, 2010, which was due on Thursday, January 6, 2011;

With assistance from a review committee, will make a recommendation to the Regional Plan for Sustainable Development (RPSD) Steering Committee at its January 13, 2011, meeting regarding which consultants to solicit Requests for Proposals from; and,

On January 6, 2011, met with regional representatives from HUD, the Environmental Protection Agency, the Federal Highway Administration, and the Federal Transit Administration.

Staff Contact:

Bethany Wilcoxon, bwilcoxon@dmampo.org; (515) 334-0075, extension #208.

© FY 2011 Des Moines Area Metropolitan Planning Organization

33 Please call (515) 334-0075 to obtain permission for use.