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2010-05-11 Special City Council Minutes MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 11, 2010 5:30 P.M. EAGAN ROOM – EAGAN MUNICIPAL CAMPUS I. ROLL CALL AND AGENDA ADOPTION City Council members present: Mayor Maguire, Councilmembers Bakken, Fields and Tilley. (Councilmember Hansen not present) City Staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Superintendent of Utilities Schwanz, Superintendent of Streets Struve, Community Delevelopment Director Hohenstein, Water Resources Coordinator Macbeth, Parks and Recreation Director Johnson and City Engineer Matthys. Also present was Assistant City Attorney Bauer. I. ROLL CALL AND ADOPTION OF THE AGENDA Mayor Maguire called the meeting to order. City Administrator Hedges requested that the Council consider discussing a request from McNamara Construction under Other Business. Hedges also noted that a Closed Session would be needed regarding a special assessment for Highway 149. City Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda with the additions. Aye: 4, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. TH 77 MANAGED LANES CORRIDOR STUDY UPDATE City Administrator Hedges introduced the item noting that MnDOT, in cooperation with numerous agencies, was exploring feasible alternatives to maximize and/or temporarily reallocate available lane capacities in the Highway 77 corridor from McAndrews Road (County Road 38) in Apple Valley to I-494 in Bloomington. Hedges added that MnDOT has received federal grant money to conduct a more detailed comprehensive study of the “Contra Flow Concept,” which incorporates a movable barrier as well as combinations and variations of High Occupancy Vehicle (HOV lanes), Bus Rapid Transit (BRT) and Paying Single Occupant Vehicle (Toll) dedicated lane techniques as the guiding principles. Special City Council Minutes May 11, 2010 Page 2 Public Works Director Colbert introduced representatives of MnDOT and SEH, who provided a presentation regarding the TH 77 Managed Lanes Corridor Study. The representatives noted that a public open house is scheduled to be held in Eagan at the ISD 191 Alternative High School (former Cedar Pond Elementary School) on May 13, 2010 at 4:30 p.m. The City Council discussed the presentation and dialogued with the representatives of MnDOT and SEH regarding overall traffic on TH 77. IV. WINTER TRAIL MAINTENANCE PROGRAM REVIEW City Administrator Hedges introduced the item noting that in 1998, the City Council adopted a Winter Trail Maintenance Plan that allows the Council to annually review and reconsider the extent of the trail system that is maintained during the winter months. Hedges noted that this review has been directed to be performed at the first available workshop after April 1 of each year. Public Works Director Colbert highlighted the one citizen petition and five new trail segments built in 2009 to be reviewed by the City Council. The City Council discussed Citizen Petition #1, which was a petition received from residents living new Wescott Station Park, requesting winter maintenance to the “loop” trailway inside Wescott Station Park. Mr. Colbert noted that the petition was submitted with the hope that the trails would be maintained for recreational access/purposes. The City Council discussed the petition. A citizen addressed the City Council with a request that the trail system be plowed. The Council noted that the request was for recreational purposes as opposed to transportation purposes. The Council discussed the possibility of the residents working together to contract for the snowplowing and requested that Parks and Recreation Director Johnson look into whether any models exist to have a private contractor provide this service. The Council inquired what the liability for the City would be under such a program. The Council asked that this research be brought back to a future Council workshop for further Council discussion. Pending further research by staff, Councilmember Fields moved, Councilmember Tilley seconded a motion to deny Citizen Petition #1due to lack of consistency with the petition criteria for a winter trail maintenance of sidewalk and trailways. Aye: 4, Nay: 0 Public Works Director Colbert summarized the five new trailways that were established in 2009. Councilmember Bakken moved, Councilmember Fields seconded a motion to deny New Trail request #1 (north side of Towerview Road between Pilot Knob Park and Pilot Knob Road), New Trail #4 (south side of Opperman Road between the YMCA driveway and State Highway 149) and New Trail #5 (west side of Dodd Road, north and south of March Court). Special City Council Minutes May 11, 2010 Page 3 Aye: 4, Nay: 0 Public Works Director Colbert described New Trail #1 (north side of Diffley Road between Rahn and Blackhawk Road). Colbert noted that this trailway meets the Winter Trail Maintenance Policy criteria for major arterial roads. Upon City Council discussion, Councilmember Bakken moved, Councilmember Fields seconded a motion to add New Trail #1 (north side of Diffley Road between Rahn Road and Blackhawk Road) to the Winter Trail Maintenance Program, and discontinue trail plowing on the south side of Diffley Road between Blackhawk Road and Rahn Road. Aye: 4, Nay: 0 Public Works Director Colbert provided an overview of New Trail #2 (north side of Gold Trail between Cedar Grove Parkway and the first “bubble” to the east on Gold Trail). The City Council discussed the new trail noting that the development is intended to be a transit oriented development. The Council suggested that perhaps the City might wish to consider new criteria in the future pertaining to transit oriented developments, particularly along collector and arterial roadways. Councilmember Bakken moved, Councilmember Tilley seconded a motion to deny New Trail #2 (north side of Gold Trail between Cedar Grove Parkway and the first “bubble” to the east on Gold Trail). Aye: 4, Nay:0 V. PUBLIC WORKS DEPARTMENT 5-YEAR CAPITAL IMPROVEMENT PROGRAM (PART III – INFRASTRUCTURE) The City Council recessed at 7:10 p.m. for a short break. The City Council resumed at 7:25 p.m. City Administrator Hedges introduced the draft 5-year CIP. Public Works Director Colbert provided an overview and summary of the proposed CIP. The City Council discussed the proposed CIP, including long-term maintenance needs for bridges and the status update on the Long Meadow Bridge. The Council also discussed a potential pilot study for LED street lights. Public Works Director Colbert noted similar studies done in other communities. Colbert added that in doing research with Xcel and Dakota Electric, the cost savings do not appear to justify the cost for the installation of the LED lights. It was suggested that the results of the LED study be shared with the new Energy and Environment Commission. Special City Council Minutes May 11, 2010 Page 4 The City Council discussed long-term financing of City projects, and requested that the Finance Committee discuss future financing of all City projects including CIP items after the financial report is presented to the Council in June. The City Council further discussed the proposed five-year CIP and directed staff to bring the CIP to the June 1, 2010 City Council meeting for formal consideration. VI. STORM WATER UTILITY FEE & WATER QUALITY ADJUSTMENT NEEDS City Administrator Hedges provided an overview of the item, noting that the City is th celebrating the 20 anniversary of the City’s adoption of a Comprehensive Water Quality Management Plan. Hedges added that in 2009 the Council authorized a detailed analysis of all utility user rates by the financial consulting firm of Springsted. As part of the review of the storm water utility fee, an evaluation was performed to determine if some type of pollutant loading surcharge would be appropriate and necessary based on increasing Clean Water Act mandates. Hedges added that the analysis indicated that the current rate, with some annual cost of living adjustments, was adequate to maintain the program for the foreseeable future. Hedges also noted that the original rate established a Residential Equivalent Factor (REF), which continues to be used as the basis for determining the Storm Water Utility Fee for all land use classifications of property within the City. Hedges noted, however, that the analysis also revealed that a disparity has evolved over the years between the different classes of land uses when comparing the volume of runoff generated to their respective utility fee contributions. This has identified the need to apply some type of Equity Adjustment Factor (EAF) to all land uses to insure that each type continues to pay its proportionate fair share. Public Works Director Colbert and Water Resource Coordinator Macbeth provided an overview of the issue surrounding the Storm Water Utility Fees and proposed Equity Adjustment Factor. The City Council discussed the matter and voiced their consensus with the Equity Adjustment Factor proposed. At the request of Councilmember Bakken, the City Council requested that research be brought back to a future Council workshop with regard to assessing a fee to paying customers that would compensate for the park, vacant, and right-of-way land uses that currently are not paying storm water fees. VIII. OTHER BUSINESS The City Council changed the order of the agenda in order to consider Other Business prior to the discussion regarding conservation easements. City Administrator Hedges noted that MnDOT has prepared plans and specifications for the reconstruction and resurfacing of Trunk Highway 3 from just south of County Road 42 in Rosemount to TH 149 in Inver Grove Heights. Hedges noted the project includes all of TH 3 Special City Council Minutes May 11, 2010 Page 5 within the limits of Eagan. MnDOT has awarded the contract for the project to McNamara Contracting, Inc. Hedges added that on the May 10, 2010, City staff received a letter from the contractor requesting that his construction forces be allowed to work 24 hours a day, Monday – Sunday. Mr. McNamara noted that the original schedule proposed is being requested to be changed in order to allow construction to occur from May 15 through May 27. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the revised construction schedule from May 15 through May 27, and allow work to occur 24 hours a day throughout the approved time period. Aye: 4, Nay: 0 VII. CONSERVATION EASEMENTS & ENCROACHMENTS City Administrator Hedges introduced the item noting that as a condition of development approval, the City has required the dedication of conservation easements over environmentally sensitive areas of plats. Hedges added that the purpose of the conservation easements are to protect the pre-development character of the area and to allow it to remain in its natural state for the benefit of the general public and the adjacent property owners. Public Works Director Colbert provided an overview on the conservation easements currently in place within the City of Eagan. Colbert added that as a result of routine compliance inspections and proactive education efforts over the past several years, City staff is discovering that some property owners have either already violated the terms of the conservation easement with an existing encroachment, or expressed an interest to do so in the near future. Mr. Colbert inquired with the City Council as to the level to which the Council would like staff to investigate, enforce, and educate the public with regard to conservation easements. The City Council reviewed four potential options with regard to enforcement of conservation easements. The Council provided direction to proceed with the option of “Compliance Enforcement”. Under such a practice, staff would conduct routine inspections and administratively mandate a scheduled compliance action for restoration of the property to its natural conditions. The Council voiced their consensus that under this policy, a property owner would have the right to appeal directly to the City Council should there be a disagreement over compliance with a conservation easement. The Council also directed that correspondence be sent to all property owners who have conservation easements on their property to educate them regarding new regulations of such easements. The Council also suggested that conservation easement compliance would be a potential future topic to include in the Experience Eagan Newsletter. Special City Council Minutes May 11, 2010 Page 6 IX. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:00 p.m. Aye: 4, Nay: 0 The City Council adjourned into a Closed Session.