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01/01/1997 - City Council SpecialAGENDA SPECIAL CITY COUNCIL MEETING Tuesday April 1, 1997 5:00 p.m. Municipal Center Community Room I. ROLL CALL & ADOPTION OF AGENDA II. VISITORS TO BE HEARD III. MVTA UPDATE • Clarification Joint Powers Agreement Status of MVTA Budget • Consideration of Bus Bench Policy IV. CODE ENFORCEMENT POLICY V. OTHER BUSINESS VI. ADJOURNMENT 46— city of eagan TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 28,1997 SUBJECT: SPECIAL CITY COUNCIL MEETING/APRIL 1, 1997 MEMO A Special City Council meeting is scheduled for Tuesday, April 1, 1997 to discuss matters regarding the Minnesota Valley Transit Authority (MVTA) and receive direction regarding a code enforcement policy. MVTA UPDATE At the last regular City Council meeting, it was suggested that the City Council, in a workshop session, have the opportunity to discuss Minnesota Valley Transit Authority (MVTA) relative to the joint powers agreement and status of their operating budget. A copy of the joint powers agreement that was originated by the six cities to create the MVTA is enclosed on pages through 1&. Also enclosed on pages through is a copy of amendments to the joint powers agreement that were proposed by Apple Valley, all language that is either crossed out or underlined, and a memo from the MVTA's attorney, Barbara Ross, Best & Flanagan, that addresses the proposed amendments. Also, for discussion is further clarification on the status of the MVTA budget. There have also been questions raised about the proliferation of bus benches that are appearing throughout the community. Staff will be seeking direction regarding whether the City Council wants to require regulation of bus benches in the community. DIRECTION TO BE GIVEN: 1) Provide any direction or comments regarding the joint powers agreement establishing the Minnesota Valley Transit Authority; 2) ask questions/ provide any direction relative to the MVTA budget; and 3) provide staff with direction regarding a bus bench policy. CODE ENFORCEMENT POLICY The Planning Division has written a policy regarding code enforcement that clarifies sections of the City Code as to how the City should handle systematic inspections. The purpose of the policy is to provide staff with direction and an expectation for the community that all properties will be inspected every one to three years and that violations will be identified. There are several chapters in the City Code, including Chapters 4, 9, 10 and 11, that require an ongoing City Code compliance through systemic inspections of properties. As an example, commercial properties, such as convenience stores, will be inspected on an ongoing basis and if they are found to be in violation, the proprietor will be given the appropriate notice. The purpose for City Council review is to make certain this enforcement mechanism is an acceptable means for achieving compliance with the City Code as it relates to signs, outside storage, conditional use permits and other related ordinances. A copy of the code enforcement policy is enclosed on pages through for your review. /S.' Thomas L. Hedges City Administrator 1% MVTA JOINT POWERS AGREEMENT ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY THIS JOINT POWERS AGREEMENT is by and among the Cities of Apple Valley, Burnsville, Eagan, Prior Lake, 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 MarcL 1993 and amended in April, 1994. The Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes §§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 Statute §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. 3 (C) "COUNCIL" means the governing body of a party to this Agreement. COUNCIL" is the metropolitan council as established by Minnesota Statutes §473.373 473.123. (E) "PARTY" means any city which has entered into this Agreement. (F) "TECHNICAL WORK GROUP" is a committee consisting of one staff member of each party which shall act as technical advisors to the Board and shall also serve as the party's alternate commissioner. 4. Parties. The municipalities which are the original parties to this Agreement are Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage. Additional Parties may be added by the concurrence of all the existing parties. No ehauee change in governmental boundaries, structure, organizational status or 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 nine (9) voting commissioners. Each party shall appoint one commissioner, and one alternate commissioner who shall also serve on the Technical Work Group. The commissioners from the cities of Burnsville, Eagan and Apple Valley shall additionally collectively appoint one commissioner and one alternate. This commissioner and its V2 alternate shall be appointed by the three commissioners aforementioned and shall henceforth be known as the "at large commissioner" and the "at large alternate" respectively, and will be appointed annually at the January meeting and will be limited to serving four consecutive one year terms. Metropolitan Council members who represent the same cities as the MVTA may serve as non-voting ex office members of 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) A Commissioners of a shall be a member of the Ci Council (hereinafter councilmember commissioner) of east that part}. ei its designee, -er Commissioners appointed by Dakota and Scott Counties shall 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 the commissioners from Apple Valley, Burnsville and Eagan and reviewed by the aforementioned commissioners on an annual basis. Alternate commissioners, with the exception of the at large alternate, shall each be a member of the staff of a party and shall serve on the Technical Work Group, or for county commissioners, their alternates shall may be a commissioner or staff member 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 four (4) of the Beafd members 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 an affirmative majority vote, which must include at least majerity-ef four (4) of the commissioners appointed by the parties or such a commissioner's alternate in his or her absence. A Resolution of the Board to urchase buses motor vehicles real estate or lease the same fora period in excess of five years or a ca ital expenditure re uires the affirmative vote of twe-tlir-ds-e€ the eenunissioner.5 four of the six councilmember commissioners of the member cities. (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, vice chair, a secretary, a treasurer, and an 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 longe lener 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 representatives 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" 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. 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. (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 duty shall be to administer policies as established by the Authority. The executive director shall be an employee of the Authority. The Authority may enter into employment contracts Nvith other personnel and may provide for compensation, insurance, and other terms and conditions that it deems necessary. (F) 'The Authority may enter into a contract for management services. (G) The Authority may sue or be sued. (H) The Authority shall cause to be made an annual audit of the books 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 the 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. parries. (J) The Authority may contract to purchase services from any one of the FA FAA�Vlm �r�wr�rr........1+fSrMi\i•rsa%._ ! " 11 \•I�•ltfa7�••}.1•i •1.1•l•l• �..I1�I - �H`�\y.���1_�VL�fH\�f.I�a�l��•Y•1.l•'\�•Lr:fir\•I�TI�f••iif.l••i�\•�a.I r'�i..\�\.��VY•� 7. O eratin Costs Budget, and Financial Liability. (A) The Authority shall have a fiscal year beginning January I and ending, December 31. On or before October 1 of each year, the Executive Director shall prepare an estimate budget for the next fiscal year including an estimate of expenditures, operating costs, and revenues. Capital expenditures and operating costs shall be limited to revenues received pursuant to Minnesota Statutes §§473.384 and 473.388, and estimated revenues to be received from operation of the transit system. The Board, including four of the six councilmember commissioners from the member cities shall review and approve or disapprove the budget. Thereafter, all six member city councils must ratify the budget before any funds are authorized to be ex ended for the budget fiscal year. The budget may be adjusted from time to time on the basis of actual costs incurred or changes epees 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 parry shall be the total amount of assistance which each party receives pursuant to Minnesota Statutes §§473.384 and 473.388. 8. Counterparts. This Agreement may be executed in several counterparts each of which shall, for all purposes,_ be deemed to be an original_, and all of such counterparts taken together, shall constitute one and the same agreement. 9. Duration of Ajzreement. This Agreement shall continue in ,force from year to year, subject to withdrawal by a party or termination by all parties Withdrawal by any pgM shall be affected by serving written notice upon the other parties no later than January 10th of the year at the end of which such withdrawal is to be effective, Withdrawal from the A eement by py 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 anyvany or termination of the Agreement by all parties shall not terminate or limit any liability, contingent,, asserted or unasserted, of my,R—aM arising; out of that Party's participation in the Ajzreement 10. Distribution of Assets. In the event of withdrawal of an,, pgjy from this Agreement the withdrawi.n shall not be reimbursed. In the event of termination of this Agreement by all parties, all of the assets which remain after paMent of debts and obligations shall be distributed among the municipalities who are parties to this Agreement immediately prior to its termination in accordance with the following formula. Each municioali!y shall receive that percentage of remaining assets determined by dividing the total amount which that municipality contributed to the Authority during the previous five (5) years by the total amount contributed to the Authorihr over the prejous five (5)years by all the municipalities who are parties to this A reement immediately prior to its termination. The amount of the distribution to any pursuant to this AL-reement shall be reduced by My amounts owed by the p , to the Authority,.. Notwithstanding the foregoing, upon termination of this Agreement or withdrawal of a member city, anv real estate asset together with any obligations attendant to it, shall belong to the member city in which the real estate asset is located. The member cite shall assume any and all responsibilities and obligations and receive any and all benefits from the propem. All of the other, members or parties shall execute deeds or any other documents which are necessgZ, to affect the transfer envisioned by tMs Paragra h 10. 8 In FftU) 14' 1 j BEST 8: FLANAGAN TEL: 612 339 5897 BEST & FLA.N� AGAlq profes 00ad Linlim;i Liability parme:strip Attorneys at Law 4000 First Bank Place 601 Second Avenue South Minneapolis, Minnesota 55402-4331 (612) 339-7121 Fax: 339-5897 MEMORANDUM TO: Chair and Commissioners of MVTA FROM: Barbara M. Ross DATE: March 20, 1997 RE: Amendments to Joist Powers A grcement Proposed by Apple Valley The City of Apple Valley has proposed a number of revisions to the Joint Powers Agreement. The purpose of this memorandum ys to identify the proposed revisions as compared to the amen ime= that were approved by the Board at its last meeting. Apple Valley's proposed revisions are as follows: 1' e f Boa Mgmbers. The City of Apple Valley proposes the IMSr age in paragraph 5(B) be amended to require the cities that are a parry to the Joint Powers Agreement to appoint a city council member as a commissioner on the MVTA board. CW=dy' the cities can aWim a city council member or "designee. 2. A row of Rp-solutions to hrc a4e or ease C 1= The Joint Powers Agreement presently requires a unaaimaus vote of gill, board members to approve a Resolution to purchase buses, motor vehicles, real estate or lease the same for more than five Years. At its last meeting the Board approved an amendment that would change the required P. 002 MAR. -20'97ITHG) 14:13 BEST & FLANAGAN TEL:612 339 3897 vote from unanimous to two-thirds of the Board members. Apple Valley proposes a required vote of two-thirds of Commissioners appointed by the cities, plus adding "capital expenditure" to the provision. Since Apple Valley has not proposed language requiring approval by a majority of the Board, I believe the effect of Apple Valley's proposal is that the County Commissioners and the At -Large Con=lssioner would not vote on a Resolution to approve the purchase of buses, motor vehicles, real estate or lease the sarne in excess of five years or "capital expenditure." 3. A 2Rroyal of Budget. The City of Apple Valley proposes that paragraph 7(A) be amended to require all six member City Councils to ratify MVTA's budget before any funds are authorized to be expended for the budget fiscal year. This would require MVTA to obtain approval of all six cities between the time the budget is approved and the end of the year in order to spend any funds in the following fiscal year. The language proposed by Apple Valley that approval of the Budget requires Board approval including at least four commissioners appointed by a city is unnecessary given paragraph 5(E), unless Apple Valley is proposing that only commissioners appointed by cities vote on the budget. The Board should clarify this if it decides to amend this paragraph. 4. Distribution of Assms.11 The City of Apple Valley has proposed a major change in paragraph 10 with respect to distribution of assets. The language in the first part of paragraph 10 is consistent with the current Joint Powers Agreement, which provides that if the Joint Powers is terminated MVTA assets would be distributed among the cities in I have not discussed Apple Valley's paragraph 9 because the language is unchanged from the present Joint Powers Agreement. The page with paragraphs 9 and 10 was unintentionally omitted from the Agreements in the last Board packet. 4.:, BUT k FLANAGAN : •- CL:Di? 359 589 P. 004 Portion to their share of tax dollars paid over five years. If a city withdraws from MVTk it would not be reimbursed. The second paragraph proposed by Apple Valley provides that if the Joint Powers Agreement is terminated, or if a city withdraws from the Joint Powers Agreement, any real estate assets shall belong to the member city in which the real estate asst; is located. The only real estate assets that MVTA currently holds title to are the Bus Garage and the Burnsville Transit Station, both located in the City of Burnsville. Under Apple Valley's proposal, the City of Burnsville would be permitted to withdraw from the Joint Powers Agreement and take ownership of the Bus Garage and the Transit Stacon. However, because of the sources of funding for the Bus Garage and the Burnsville Transit Station, as well as the proposed Apple Valley Transit Station, it would not be permissible for one of the cities to take title to these assets without complying with the terms of the ftnancing dents. The Purr-base of the land and construction of the BurnsvilIc Transit Station and Park - n -Ride Lot was funded solely with general obligation bonds issued by the Met Council for t= Wit purposes. Therefore, while MV'TA holds title to the real estate, the .Burnsville T.*ansit Hub and Park -n gide Lot is a regional facility that could not be transferred to one of the cities without regional approval. If excess property on the Burnsville site is sold for commercial use, the Met Council's bonds must be repaid and the sale proceeds must be used to maintain the Transit Hub. Additionally, the parking ramp currently under construction at the Burnsville Transit Station was funded solely with a federal grant under the Isuermodal Surface Transportation Efficiency Act ("ISTEA-). It is a requirement of ISTEA that the Parking ramp be used as a transit facility indefinitely and that M,�" TA maintain the parldng /-3 -3- N MAR. 14:14 BEST k FLANAGAN TEL:612 339 3897 p ramp: if these provisions are violated the federal funds must be repaid. It would require federal approval to transfer the parking ramp to one of the member cities for governmental Purposes, and if the ramp was sold or leased for a non gernmen ovtal purpose all proceeds must be sem to the federal government. With regard to the proposed project in Apple Valley, S920,000 of the funding for purchase of land and construction of the Apple Valley Transit Hub and Park -n -Ride will be provided by the Met Council with general obligation bonds, so the restrictions that apply in Burnsville would also apply in Apple Valley. The capital agreement that the Met Council has sent to MVTA for approval requires a restrictive covenant that prohibits sale, lease, or easements over any portion of the Apple Valley Transit Hub property without written approval of the Met Council. If any part of the land purchased with Met Council bonds is sold for commercial use, the proceeds will need to be used to maintain the hub facaity and the bonds for that portion will nerd to be repaid. Funding for the project is being provided in part by the County with ISTEA funds, which will require that the Transit Hub and Park -n - Ride lot remain a transit facility and that the facility be maintained. Any change in title or use must be approved by the federal government, Additional funding may be provided by the City through 429 bonds that will be repaid with transit tax dollars levied in all six cities. With regard to the Burnsville Bus Garage. MVTA is purchasing this property throubh a lease purchase agr=ment financed with tax-exempt Certificates of Participation that will be paid with the transit tax levy from all six cities. If Burnsville withdraws from the Joint Powers under the proposed Apple Valley provision, Burnsville could take title to the Bus / ly I'fIiUT 14:14 BES' It FLa�yAGA�l TEL:613 339 5897 Garage only with the consent of the Trustee. &=svWe would have to assume the lease obligations to use the facility as a bus garage and make the pats. If the Joint Powers Agreement is terminated, both the ButnsvWe Transit Station and Apple Valley Transit Station would remain regional transit facilities under the terms of the grants from the federal governmem and the Met Council, unless rhe federal government and the Met Council consented to transferring the projects to one 'of the cities. As for other assets owned by MVTA to which the first Part of paragraph 10 would apply, the buses currently being used to operate MVTA service are owned by the region, and are being leased under an agreement with the Metropolitan Council. IVlVTA is purchasing some buses from National School Bus/Laidlaw, some of which will probably be sold in the near future, 44.U9 P. 006 CODE ENFORCEMENT POLICY PLANNING DIVISION CITY OF EAGAN I. ABSTRACT A. The Code Enforcement Policy establishes systematic code enforcement program for City Codes enforced by the Planning Division. The Planning Division will attempt to systematically inspect all properties every 1-3 years and enforce code violations identified. In addition to systematic enforcement, the City will also enforce City Codes on an as needed and complaint basis. II. PURPOSE A. To achieve compliance with specific City Codes which include: Ch. 4 - Sec. 4.20 - Placement. Erection. and Maintenance of Signs Ch. 9 - Sec. 9.10 - Truck. Trailer and Commercial Vehicle Parking (Subd. 2) Ch. 10 - Sec. 10.01 - Storage, Deposit and Disposal of Refuse Sec. 10.51- Junk Cars, Furniture, Household Furnishings and Appliances Stored on Public or Private Property Sec. 10.52 - Prohibited Use and Parking of Mobile Homes and Recreational Camping Vehicles Ch. 11 - Land Use Regulations (Zoning) - All Sections Conditional Use Permits (within two years of establishment) Variances III. POLICY A. The Planning Division will attempt to achieve City Code compliance through systematic inspection of all properties within the City. Properties found in violation of the City Code will receive notification and appropriate follow-up for correction of the violation. IV. PROCEDURES A. The objectives of the Policy Mll be achieved by attempting to inspect every property within each of the thirty-five (35) legally described sections of the City at least once each calender year. The City will attempt to inspect three (3) sections every month. The number of sections inspected each month may vary- depending on the workload of the Planning Division. Inspections will be limited to propery which can be observed within plain view where the general public is allowed to go. B. A tracking system will be established to record the annual inspections of the 16 Planning Division. Systematic inspections will begin January of 1997. C. The annual inspection of all properties within the City for Code violations will result in a systematic and objective review of the entire City, which supplements the complaint -based identification of violations generated by the City and general public. V. RESPONSIBILITY A. The Planning Division will be responsible for the systematic inspection of properties within the City for specified code violations. B. Designated City staff who are responsible for enforcing City Codes will notify the Planning Division regarding observed potential Code violations. VI. AUTHORITY A. (Administrative Review) larch 27, 1997