11/10/2009 - City Council Special
MINUTES
SPECIAL CITY COUNCIL MEETING
TUESDAY, NOVEMBER 10, 2009
5:30 P.M.
EAGAN ROOM – EAGAN MUNICIPAL CENTER
City Council members present: Mayor Maguire, Councilmembers Bakken, Fields,
Hansen and Tilley.
City staff present: City Administrator Hedges, Assistant to the City Administrator Miller,
Director of Administrative Services VanOverbeke, Community Development Director
Hohenstein, City Planner Ridley, Communications Director Garrison, Parks and Recreation
Director Seydell Johnson, Public Works Director Colbert, Government TV Coordinator Elbon,
Superintendent of Parks Olson, Planner Dudziak, Planner Thomas and Superintendent of
Utilities Schwanz.
I. ROLL CALL AND AGENDA ADOPTION
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the
agenda as presented.
Aye: 5; Nay: 0
II. VISITORS TO BE HEARD
There were no visitors to be heard.
III. JOINT MEETING WITH THE ADVISORY PLANNING COMMISSION (APC)
Mayor Maguire welcomed members of the APC. City Administrator Hedges noted the
City Council’s practice of meeting with each of their Advisory Commissions at least one time
each year. APC Chair Chavez and members of the APC introduced one another. Mayor
Maguire thanked the APC for their service.
IV. EMBRACE OPEN SPACE PRESENTATION
Mayor Maguire introduced Mark Schiffman of Embrace Open Space, who provided a
presentation on the research done on the financial impact of open space. Mr. Schiffman also
presented information on the work being done by Embrace Open Space in the Twin Cities area.
The City Council and members of the Planning Commission discussed the presentations
and findings with Mr. Schiffman. Mayor Maguire noted members of the Advisory Parks and
Recreation Commission also in the audience. Mayor Maguire thanked Mr. Schiffman for his
presentation.
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November 10, 2009
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V. STATEWIDE BROADBAND REPORT BY RICK KING
City Administrator Hedges introduced the item noting that in April of 2008, legislation
was signed into law creating a Minnesota Ultra High Speed Broadband Task Force to make
recommendations of where the state ought to be on the level of broadband speed and connection
speed by the year 2015. Hedges noted that Rick King, Chair of the Minnesota Ultra High Speed
Broadband Task Force and Executive Vice President and Chief Operating Officer of Thomson
Reuters North American Legal, was present to provide a report to the City Council regarding the
task force’s recommendations.
Mayor Maguire welcomed Mr. King and five members of the Eagan Technology Task
Force, who were in the audience.
The City Council and APC viewed a video prepared by a partnership with cities in
Dakota County and the County itself regarding the need for next generation broadband in Dakota
County.
Mr. King provided a report on the recommendations of the State Ultra High Speed
Broadband Task Force.
The City Council and APC discussed the presentation and the Task Force’s report.
VI. UPDATE FROM BROADBAND CONSULTANT ANDREW COHILL
City Administrator Hedges introduced the item, noting the Council’s goal with regard to
high speed fiber optic broadband.
Mr. Andrew Cohill, consultant from Design Nine, summarized his general findings and
recommendations to the City. Mr. Cohill noted his two final recommendations included 1.)
consider using City fiber to create a business class network for commercial and retail use in
Eagan; and, 2.) work with the local business community to build a modest co-location facility to
support the fiber network and as a redundant data center for Eagan businesses and others needing
off-site data storage.
The City Council discussed Mr. Cohill’s recommendation and findings. Mr. Cohill noted
that the stimulus funding available through the Federal government appears to be favoring rural
communities and, thus, Eagan is not likely to qualify for the funding.
There was City Council consensus that the two recommendations have merit and, thus,
Council directed staff to develop detailed cost estimates and planning documents to assist the
Council in making decisions to approve investment in one or both recommended options.
The City Council recessed at 7:45 p.m.
The City Council reconvened at 7:55 p.m.
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November 10, 2009
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VII. CEDAR AVENUE TRANSPORTATION AND TRANSIT UPDATE
A. MNDOT Presentation on TH 77 Managed Lanes Corridor Study
City Administrator Hedges introduced the item noting that MnDOT, in cooperation with
other governmental agencies, is exploring feasible alternatives to maximize and/or temporarily
reallocate available lane capacities in the Highway 77 corridor (Cedar Freeway) from
McAndrews Road (County road 38) in Apple Valley to I-494 in Bloomington. Hedges added
there currently exists a disproportionate volume distribution between northbound and
southbound directional travel in the morning and evening rush hours resulting in significant
congestion points at County Road 38 in Apple Valley and TH13 in Eagan in the morning
commute.
Public Works Director Colbert introduced representatives from MnDOT and SEH
Consulting, who summarized a comprehensive study of a “Contra Flow Concept”, which
incorporates a movable barrier as well as combinations and variations of High Occupancy
Vehicle, Bus Rapid Transit, and Paying Single Occupant Vehicle (toll) dedicated lane techniques
as the guiding principles. Mr. Colbert noted that a public open house is scheduled to be held at
Dakota County on November 19, and MnDOT is providing advance presentations to the three
affected cities and Dakota County.
The representatives of MnDOT and SEH provided a presentation to the Council
regarding the TH 77 Managed Lanes Corridor Study.
The City Council discussed the study. The Council thanked the MnDOT and SEH
representatives for the advanced presentation prior to the November 19 open house.
B. Dakota County Presentation on Cedar Avenue Transit Corridor
City Administrator Hedges introduced the item noting that the County is completing the
Cedar Corridor implementation plan and County staff has asked for the opportunity to provide a
brief overview of the infrastructure and service plans as they are defined at this time. Hedges
added that this item is being presented along with the TH 77 Managed Lane Corridor Study
because decisions of certain improvements in each case have the potential to affect the other.
Sam O’Connell of Dakota County provided a presentation on the Cedar Corridor
Implementation Plan.
The City Council discussed the Implementation Plan and thanked Ms. O’Connell for her
presentation.
VIII. I&I COMMUNICATION PROGRAM/PUBLIC MESSAGING
Mayor Maguire amended the agenda to consider the I&I (Inflow & Infiltration ) item
prior to the discussion regarding the proposed Advisory Commissions. City Administrator
Hedges introduced the item noting that the City Council approved an ordinance amendment on
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November 10, 2009
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September 1, 2009 authorizing a Sump Pump and Service Lateral Inspection Program with
corrective enforcement actions. Hedges added that staff has requested discussion on whether the
City should provide any financial assistance or grants to cover any or all of the private corrective
costs, and whether the City should inspect all 19,000 connections or only as many as necessary
to remove the City as an “Excessive Flow” community on the MCES Surcharge Program.
Public Works Director Colbert provided additional background on the proposed I&I
Inspection program.
The City Council viewed a first generation video that will be available to the public
explaining the I&I Inspection Program.
Director Colbert and Director of Administrative Services VanOverbeke summarized the
financial impact analysis based on a Pilot Program for approximately 1,500 properties. Alva
Rankin, consultant from SEH, was present at the meeting and also commented on the financial
analysis and the experiences of other communities.
The City Council discussed what role the City should have in the financial assistance for
the I&I Program.
There was City Council consensus that if a property owner objects to the improvements,
then there will be no City cost participation. There was also Council consensus that if a property
owner cooperates with the City, then the City should assist with some of the costs.
Councilmember Tilley left the meeting at 10:00 p.m.
The Council concurred that financing for homeowners should be subject to the
homeowners signing a waiver of hearing by accepting the financial assistance from the City.
There was Council consensus that there would be no deductible or City participation for
commercial properties.
The Council authorized staff to proceed with the pilot I&I Sump Pump and Service Lateral
Inspection Program utilizing the base scenario financing plan as presented, with the opportunity
to evaluate the financing plan after the pilot program has been completed. The Council suggested
an interest rate of 4% to finance the improvements through special assessments if requested by
the property owner. The Council also authorized the corresponding inspection program
communication plan.
IX. DISCUSS PROPOSED ADVISORY COMMISSIONS/TASK FORCES
(CIVIC ENGAGEMENT AND ENERGY & ENVIRONMENT)
City Administrator Hedges introduced the item noting that as part of the 2009 Goals
Retreat, the Council discussed their interest in dialoguing further about the formation of task
forces or advisory commissions to address the issues of civic engagement and energy and
environment. Hedges presented proposed structures that had been prepared for both of the
potential commissions/task forces.
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November 10, 2009
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The City Council discussed the formation of two committees or commissions, and
suggested that the topic of Energy & Environment would be well suited as a Commission, while
Civic Engagement would be better served as a committee or task force. The Council directed that
in light of budget issues and necessary staff support, the formation of such commissions/
committees should be reevaluated in the spring of 2010. The Council also requested that the two
proposed commission/committee structures be refined and brought back for Council
consideration in early 2010.
X. OTHER BUSINESS
There was no other business.
XI. ADJOURNMENT
Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the
meeting at 10:47 p.m.
Aye: 4; Nay: 0