04/01/1997 - City Council Special
00100
MINUTES OF A SPECIAL MEETING
OF THE EAGAN CITY COUNCIL
April 1, 1997
A special meeting of the Eagan City Council was called to order at 5:00 p.m. on April 1, with
Mayor Egan, Councilmembers Awada, Blomquist, Masin and Wachter present. Staff present included Planner
Shannon Tyree, Senior Planner Mike Ridley and City Administrator Hedges.
MVTA UPDATE
City Administrator Hedges stated that the City Council has requested an opportunity to discuss the
Joint Powers Agreement and status of the operating budget for the Minnesota Valley Transit Authority at a
work session. He stated that Audrey Schwartz, Assistant Executive Director for the MVT A was present to
respond to any questions regarding either the joint powers agreement or budget. The City Administrator
further stated that staff is looking for direction regarding regulations relative to a bus bench policy due to
calls members of the City Council and staff have received as a result of the placement of bus benches
throughout the community by National Courtesy Bench.
City Councilmember Masin, who Is also Chair person for the Minnesota Valley Transit Authority
(MVTA) reviewed changes that were proposed to the joint powers agreement by the city of Apple Valley.
She stated that at a recent MVTA board meeting the agreement as proposed by the city of Apple Valley was
not accepted. Mayor Egan asked what the feeling was of the MVT A on the Apple Valley City Council
action specific to the alternate m~bers voting authority. City Councilmember Masin stated that this matter
Is being reviewed by the MVT A's legal counsel. Planner Tyree stated that It has been her practice to vote In
Councllmember Masin's absence as the City of Eagan's alternate, only after reviewing the Issues with City
Councllmember Masin as to how she would like her vote cast on behalf of the City. Mayor Egan asked about
the representation on the MVT A Board specific to service. Audrey Schwartz, Assistant Executive Director
for the MVT A, appeared and provided a summary of how the service Is provided In the six member cities.
She also stated that the subsidy for midday rates is $4.10. City Councilmember Awada questioned what the
MVT A Is doing for the reverse commuter and suggested that that be a high priority. Ms. Schwartz stated
that the MVT A Is subsidizing a bus from the City of St. Paul to West Publishing that Is full each route at
$.70 per passenger. She further stated that another bus starts at the Mall of America and services Blue
Cross and various businesses along Corporate Center Drive. Mayor Egan suggested that the MVT A meeting
with representatives of the Information and Finance Service Center for the U.S. Postal Service that will be
constructed in the Waters Addition, stating since many of these employees will be commuting from
Minneapolis and St. Paul, they might be good prospects for the reverse commute.
City Councllmember Awada questioned whether there Is language In the joint powers agreement
that provides a provision to reduce property taxes if the legislature should decide not to require a full transit
levy by all cities In the seven county metropolitan area. City Councllmember Masin stated that there Is no
language In the joint powers agreement addressing that Issue and further stated that It Is highly unlikely the
legislature would ever allow cities the option to levy a transit tax. She stated that there Is a recognized need
to subsidize mass transit Including the MVT A. Audrey Schwartz stated that the MVT A is continuing to
study options that reduce subsidies such as whether certain bus routes should be cut back and other possible
choices. City Councllmember Wachter stated that he in particular appreciated the review and agreed with
City Councilmember Awada that it Is unfonunate that the City cannot have greater control over the amount
of the levy which Is mandated by the State Legislature and through the Metropolitan Council for transit
service.
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00101
BUS BENCH POLICY
City Administrator Hedges stated that a new company, National Courtesy Bench, has recently
placed bus benches along various collector roads throughout the community. He stated that some members
of the City Council and staff have received complaints about the apparent proliferation of bus benches and
have expressed Issues ranging from the advertising that occurs on the bunches, the location of benches which
Is often misleading to the public. He stated that residents assume that where a bus bench exists there is a bus
stop which Is not always the case.
The City Administrator stated that staff Is looking for direction as to whether an ordinance should be
given consideration for the regulation of bus benches as It pertains to location, maintenance and advertising.
Audrey Schwartz stated that U.S. Bench Company first placed benches In the City at locations where there
were no busses. She stated that for the most pan that company has relocated the benches and cooperates
with the MVT A for advertising their bus services. City Councllmember Blomquist suggested that the City
give consideration to a bus bench policy for reasons stated by the City Administrator and that Information be
complied from other cities who have adopted policies before any funher consideration is given by the City
Council. City Councllmember Masin stated that the MVT A has a draft ordinance which will be provided to
the City for review and consideration. Planner Tyree stated that It would be helpful to add the regulation of
bus benches to the zoning ordinance. She further stated that location, maintenance and advenislng are the
main Issues as stated by the City Administrator. Mayor Egan asked that staff review the legislative authority
relating to first amendment rights, health and safety, and governance of setbacks. He stated that these are
questions the City Administrator may want to raise with the City Attorney's office. Mayor Egan thanked
staff for raising the Issues relative to the need for addressing a bus bench policy and provided direction to the
City Administrator to review bus bench policies of other communities and the draft ordinance of the MVT A
and report back to the City Council at a future work session.
MVTA BUDGET
City Councllmember Masin presented a document that Includes assumptions for creating the 1997
MVT A operating budget. She further stated that this document is a guideline for spending. City
Councllmember Masin funher stated that because the city of Rosemount did not join the other five cities in
assuming the levy for transit tax, the MVT A still must approach the Met Council for the Rosemount
allocation. City Councllmember Awada continued to express concern about the amount of public subsidy
and frustration that the money could be used for other services or less taxes. She stated that she has a
philosophical difference about the $2 million Eagan pays for services, stating that those doilars could be
better used. Mayor Egan expressed some concern that limited Input Is going into the development of the
MVT A budget which is an $8 million operating budget or half of the City of Eagan's budget. He stated that
cities should have more detail, similar to the City of Eagan budget format. City Councllmember Masin
commented on the MVT A strategic plan stating that it would be helpful to have a more diverse makeup
from other cities as the MVT A develops the budget and other policies.
After further discussion and a response to questions by the Assistant to the Executive Director
Audrey Schwartz, Mayor Egan thanked City Councilmember Masin, who chairs the MVT A and Audrey
Schwartz for their input and response to questions regarding the budget and various MVT A operations.
CODE ENFORCEMENT POLICY
City Administrator Hedges stated that 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 1 - 3 years and that violations will be Identified. The City Administrator
stated that there are several chapters In the City Code including Chapters 4, 9, 10 and 11, that require an
ongoing City Code compliance through systematic Inspections of properties. Mayor Egan stated that he
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agrees with the code enforcement policy, however, would not want staff to go overboard with enforcement
creating a bureaucratic and user unfriendly attitude between business and residents with their local
government. Senior Planner Ridley provided background as to why the City is considering a code
enforcement policy, stating that to date enforcement has been complaint driven which Is not consistent or
fair with expectations the community has that ordinances will be upheld regarding City Code compliance.
City Councilmember Awada agreed with Mayor Egan stating that enforcement should be based on common
sense and be reasonable on the part of staff.
After further discussion, the City Administrator. was given consensus to proceed with the Code
Enforcement Policy as presented.
OTHER BUSINESS
There were no Items for Other Business.
AD10URNMENT
The meeting was adjourned at 6:30 p.m.
TLH
April 1, 1997
Date