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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. Special City Council Minutes November 10, 2009 Page 2 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. Special City Council Minutes November 10, 2009 Page 3 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 Special City Council Minutes November 10, 2009 Page 4 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. Special City Council Minutes November 10, 2009 Page 5 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