10/07/1997 - City Council Special
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MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 7, 1997
A special meeting of the Eagan City Council was held on Tuesday, October 7, 1997 at 5:00 p.m. in
the lunchroom of the Eagan Municipal Center building. Present were Mayor Egan and City Councilmembers Awada,
Blomquist, Masin and Wachter. Also present were Senior Planner Ridley, Planner Tyree, City Attomey Sheldon and
City Administrator Hedges.
BUS BENCH POLICY
City Administrator Hedges stated that at the April 1, 1997 Special City Council meeting, staff was
given direction to review bus bench policies in other communities and the draft ordinance of the MVTA and report
back to the City Council at a fall work session. He further stated that location, maintenance and advertising are the
main issues as to why the City Council suggested a policy that would adopt an ordinance to regulate bus benches
on public boulevards with certain conditions or consider the removal of all bus benches from boulevard properties.
Planner Tyree stated that the City of Eagan has approximately 85 benches located on public
boulevards, of which 62 are owned by U.S. Bench and 23 by National Courtesy Bench. She further stated that 25 of
the benches are donated by U.S. Bench to the MVTA for its advertising and, therefore, are not income-producing
benches. Planner Tyree provided a few additional comments about the staff report, outlining the options available to
the City if the City Council should choose to allow benches on public boulevards. City Council member Masin stated
that the benches that are located on MVT A routes should be given some consideration and further stated that input
from the MVTA staff, who were not invited to the meeting, would be valuable to the discussion. City Councilmember
Wachter stated that the bus benches are just a form of advertising, which the City has purposely restricted in public
right-of-way in the City Code. He further stated that to his knowledge no one uses the benches to sit on, further
stating that the benches are not located adjacent to a scheduled bus stop. City Councilmember Masin stated that
according to the MVT A staff, they have received complaints that the benches are not properly maintained and have
asked for benches at certain locations.
City Councilmember Blomquist stated that most of the bus benches are on county right-of-way
and, according to the staff report, the bus benches on county roads are in violation and the only reason they have
not been removed is due to their large number of priorities and limited maintenance staff. City Councilmember
Wachter stated that to his knowledge, the bus companies have never asked for permission from the City Council to
place the bus benches on the public boulevards. City Councilmember Masin stated that it is her understanding that
the companies have been notified that the City Code does prohibit bus benches; however, the companies were
waiting the study by the City Council to determine whether benches could be allowed under certain provisions on
public boulevards. She further stated that according to the MVTA, some benches are necessary. City
Council member Awada stated that if bus benches have a definite purpose and there is no cost to the MVT A and
City, they should be allowed; however, ifthere is no purpose, excluding the advertising, they should be removed.
City Councilmember Wachter stated that the bus benches do not serve a purpose and are an
obstacle for both snow removal and mowing. City Council member Masin stated that courtesy benches should be
provided on trails and parks. City Council members concurred that courtesy benches with no advertising along
certain trails and in City parks provide a good public service and should be given further consideration. City
Councilmember Blomquist stated that locations for benches should be determined by the City, not the MVTA. City
Councilmember Awada stated that the bus benches should be removed and that staff should consider the placing of
courtesy, omamental benches in parks and trails where needed without any advertising. City Administrator Hedges
stated that the City has a fair number of courtesy benches that have been constructed by the Park Maintenance
crew existing in City parks and along the Highline Trail.
Mayor Egan asked the City Attomey if the City in any way violates the First Amendment if the bus
benches, with advertising, are removed. The City Attomey's reply was no.
City Administrator Hedges stated that if the City Council would like all bus benches to be removed,
it would be important for the City Attomey to share some comments about the process. City Attorney Sheldon stated
that the City can direct the removal of the bus benches by a letter from the City Administrator stating that they are in
direct violation of the City Code as a criminal proceeding or adopt an ordinance that requires removal of the bus
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Page 21Eagan Special City Council Meeting Minutes
October 7. 1997
benches which would place this item on a regular City Council agenda for input by the bus bench companies and
MVTA. After a brief discussion, there was consensus by the City Council that the City Administrator prepare a letter
to bus bench companies informing them that the bus benches must be removed by the end of October. There was
also City Council consensus that the APrC be given direction to consider additional ornamental, courtesy benches in
City parks and trailways for use by the public.
EXECUTIVE SESSION
The City Council adjourned into executive session for the purpose of reviewing matters of pending
litigation.
ADJOURNMENT
The meeting was adjourned at 6:30 p.m.
October 7, 1997
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