Loading...
HomeMy WebLinkAbout12.20.04 Council Minutes COUNCIL MINUTES REGULAR December 20, 2004 1. CALL TO ORDER The meeting was called to order by Acting Mayor Cordes at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Acting Mayor Cordes led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Cordes, Fitch, Fogarty, Soderberg Ristow Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Douglas Bonar, David McKnight, Jeff Tilden, David Pritzlaff, Kelly Pietsch, Megan Rice, Jason McCarty, Bill Suner, Chad Hovland, Steve Wilson, John Kapustka 4. APPROVE AGENDA City Administrator Urbia added items 7n) Approve On-Sale Beer License Renewal- Administration and 70) Set Public Hearing - Approve On-Sale Wine License. Items lOa) Approve Agreement with Farmington Youth Hockey Association - Parks and Recreation and lOb) Approve 2005-2009 CIP - Finance were moved to the Consent Agenda. Regarding item 7j) Adopt Resolution - Approve 2005 Tax Levy and Budget, Finance Director Roland amended the memo to read, "There was testimony and the hearing was closed without continuation." MOTION by Soderberg, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Acknowledge Councilmembers Service - Administration City Administrator Urbia presented Councilmembers Cordes and Fitch with a plaque recognizing their years of service. Councilmember Cordes served from 1997 - 2004 and Councilmember Fitch from 2003-2004. Councilmembers Soderberg and Fogarty also acknowledged their service. b) Introduce Employee - Police Department Margie Boese was introduced as a full time clerical dispatcher for the Police Department. Council Minutes (Regular) December 20, 2004 Page 2 c) Introduce New Employee - Liquor Operations This item was moved to the January 3,2005 agenda. 6. CITIZEN COMMENTS Mr. Chad Hovland, 4975 203rd Street W, came in response to an article in the newspaper regarding installing a stop sign at the intersection of Eastview and 203rd Street. He spoke with Assistant City Engineer Gross this summer regarding his concerns with the intersection. He was told to call back when the sidewalk was complete and there were more homes along Eastview so they could do a better study in the area. There are three factors to determine if stop signs are needed. The first was the volume of traffic, so a study will need to be done as it is used as a short cut from Akin to Pilot Knob. Pedestrian safety is the second factor. There is a park across the street, Pine Knoll Park, and there is a bike path on the north side, people have to cross the street and continue on the bike path on the south side. The third factor is the sight distance. There is a slight curve, but it is difficult to see someone crossing the intersection. He would like to see a stop sign at the intersection. a) Mr. Jeff Tilden - Engineering City Engineer Mann stated the Traffic Engineer reviewed the intersection. At this time of year, counters cannot be put out due to the possibility of snow plowing. Until a further study can be done in the spring, he used data from a study done in April at Dunbar Avenue. The traffic Engineer also reviewed the sight distance issues, and they do meet the guidelines for a 30 mph roadway. The warrants as far as volumes and delays were not met based on the information. This can be checked again in the spring. The data does suggest there are some cars traveling above the speed limit, therefore staff suggested this area be targeted for speed enforcement. Police Chief Siebenaler stated these are disturbing numbers and he will ask his officers to direct more attention to the area. However, this does not mean a full time presence. For the next several months, the patrol division will be shorthanded. Mr. Jeff Tilden, 5314 203rd Street W, received the City's letter and it was not what he expected. It will be an education for him and for the City. He requested the data that was gathered regarding the speed of the vehicles and he asked what the speed was ofthe fastest car. City Engineer Mann will provide him that information from the study done in April. In the spring, staffwill review that specific intersection. Mr. Tilden stated he has been doing some research and at the last meeting he challenged the City to go to 25 mph. According to the state statutes he felt the City could do that if they wanted. People do not like speed humps and bumps and Mr. Tilden could understand that. He stated staff is hired and paid and asked ifthe Council was paid for their services. No, you were brought here by the people. He realized there is a box, but asked staffto get out of the box and make this a safer place. There was another citizen that came from reading an article in the paper. There is a park and a daycare. It is common Council Minutes (Regular) December 20, 2004 Page 3 sense. The people brought the Council here. Staff did not hire the Council, the residents did. The residents want their help. We do not need to wait until spring to put up a stop sign. Councilmember Cordes stated there are warrants that we have to follow. City Engineer Mann stated the state guidelines are out of the Minnesota Uniform Manual on Traffic Control Devices. Mr. Tilden stated if you go to the MnDOT website, it talks about speed and says the City can change a speed limit if they choose to. He did not know what the tolerable amount is over the speed limit. It is common sense. He asked the City to go outside of the guidelines and stated he will be here until they get a stop sign. Councilmember Soderberg understood his concern. They have been over this issue a number of times. 30 mph is what the state indicates Cities can do. City Attorney J amnik stated there are limited exceptions for certain zones, but generally the speed for residential areas is 30 mph. Councilmember Soderberg asked ifthe City was to set the speed at 25 mph what would happen to the tickets. City Attorney Jamnik replied they would be invalid, because the City is not authorized to set the lower limit. We would not be able to write any ticket. Councilmember Soderberg stated there was a resident last time that testified her child was crossing at a stopped intersection and her child was almost hit. It is a speed issue and that is identified in the report. We need to do more to look at the speed. It is taken very seriously. Mr. Tilden asked if a temporary stop sign could be installed. Councilmember Soderberg stated a stop sign could be put up at each corner, but we have to go by the professionals we hire. Mr. Tilden stated he went to school for wildlife management. Biologists have been telling people things are going to happen to the environment and this is an example. Until a lawmaker can see concrete proof that it is documented that it is happening we do not do anything about it. Until something bad happens we are not going to do anything, but common sense tells us we should do something. Mr. Tilden stated Police Chief Siebenaler is already on the record for 25 mph. He can sense he is not happy with the speeds. Mr. Tilden was here as a citizen to do whatever he can to make it better. Police Chief Siebenaler stated for the past three years he has asked the state legislators to change the law to allow for municipalities to go with a 25 mph residential speed limit and it has gotten no where because they have not gotten any support from the people. He invited Mr. Tilden to participate in the process and get laws changed at the state level that would allow the City Council to make speed laws that make sense. In residential areas it does not make sense, when we are looking at narrower streets and more housing, to drive 30 mph. He has long said the most tolerable speeds in residential areas are 25 - 26 mph and that is what reasonable drivers will do. He asked Mr. Tilden when this issue comes up to make his position known to the state legislature and ask them to change the lawto allow cities to make the speed at 25 mph. The next piece is enforcement. There isn't a city in the state that has enough police officers to do the kind of speed enforcement wanted. He has also been a proponent of a system called photo cop. It takes a picture of a speeding vehicle or a stop light violator and a ticket is Council Minutes (Regular) December 20, 2004 Page 4 automatically mailed. Unfortunately, the legislature sees that as "big brother" and won't allow that to happen, and it won't until the grass roots people come forward and say this is what we want. We hired you, listen to us. We need this kind of support at the state legislature. They need to hear residents are tired of these kinds of issues. He asked Mr. Tilden to initiate this type of grass roots movement and get some action moving at the legislative level. Mr. Tilden stated he can do that and wanted to meet with Police Chief Siebenaler to see how to get started. This is the best thing he has heard all day. Councilmember Fitch stated he has driven that street a number of times since Mr. Tilden appeared. He noted the thoroughfare plan includes a connection to 203rd Street to the east. It makes him wonder when we discuss the curve and the calming effect towards Embers Avenue and apparently there is not much of a calming effect. He suggested for the next Council on the minor collector streets, to look at the setback policy and move the homes back further to allow more sight distance. When you drive the street, it feels like a tunnel. Councilmember Soderberg asked if the radar board has any effect on speeds. Police Chief Siebenaler stated it has a minimal effect. It is an educational tool. It does not record any speeds. In some cases it also acts as an encouragement and some drivers like to see how fast they can register. The radar board is not used in conjunction with the counters. Councilmember Soderberg stated the percentage is significant. He noted some communities have the sign with the electronic speed indicator on the sign post. He did not recall the cost and the impact, but he would like that reviewed. Staffwill bring this back to Council along with the former study. 7. CONSENT AGENDA MOTION by Fogarty, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (12/6/04 Regular) b) Approved School and Conference - Administration c) Approved School and Conference - Administration d) Adopted RESOLUTION RI01-04 Accepting Donation - Parks and Recreation e) Approved Collection Agreement with National Recycling Coalition and Nike, Inc. - Solid Waste f) Approved Temporary On-Sale Liquor License - Administration g) Adopted RESOLUTION RI02-04 Approving Gambling Event Permit- Administration h) Approved Appointment Recommendation Administration - Human Resources i) Adopted RESOLUTION RI03-04 Approving 2005 Non-Bargaining COLA Agreement - Human Resources j) Adopted RESOLUTIONS RI04-04 and RI05-04 Approving 2005 Tax Levy and Budget - Finance k) Received Information November 2004 Financial Report - Finance I) Adopted RESOLUTION RI06-04 Approving Charleswood Northeast Preliminary Plat - Community Development Council Minutes (Regular) December 20, 2004 Page 5 m) Approved Bills n) Approved On-Sale Beer License Renewal - Administration 0) Set January 3,2005 Public Hearing Approve On-Sale Wine License- Administration p) Approved Agreement with Farmington Youth Hockey Association - Parks and Recreation q) Approved 2005-2009 CIP - Finance APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Ordinance - Approving 2005 Fee Schedule - Administration The hearing was held to establish charges and fees for 2005. Staff presented the recommended changes for 2005. Councilmember Fogarty asked about the fees at the Rambling River Center. The program for allowing volunteer hours in place of fee payment has been eliminated. She asked if it would be possible to pre-earn hours. Parks and Recreation Director Distad replied tracking the volunteer hours was a problem. They would not be opposed to considering volunteer hours up front. There would still be an issue with tracking as far as whether or not they have volunteered enough hours to cover the fee. Staffwill study this and bring it back at a later Council Meeting. Council had a few minor questions with other items on the fee schedule. MOTION by Soderberg, second by Fogarty to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Soderberg adopting ORDINANCE 004-522 approving the 2005 fee schedule. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS c) Spruce Street Bridge Aesthetic Options - Engineering Staffhas received comments from various groups regarding the aesthetics for the Spruce Street bridge. The budget identified for the aesthetics was $132,000. The aesthetics shown on the drawings would be approximately $120,000. Street lighting is not part of the cost. The differences in drawings were a single arch or three arches, stone treatment on the piers, and different colors of stone. Councilmembers Soderberg and Fogarty chose the three arches. Councilmember Fitch suggested asking the new Councilmembers what their choice would be. Councilmember-Elect Pritzlaff stated he had not determined a color, but he liked the three arches. He would like the residents to choose the color. Councilmember-Elect McKnight preferred option B2. Staffwill bring this back to the January 3,2005 meeting. d) Wetland Buffer Issue Update - Engineering Staff met with several agencies regarding this issue. They were very understanding of the issue facing the City and the residents. They came up with Council Minutes (Regular) December 20, 2004 Page 6 some ideas which could warrant some discussion. Therefore, staff would like to bring this to a future Council workshop. e) EQB Powerline Update - Community Development Great River Energy, Dakota Electric and Xcel have a need to construct a powerline that will pass through portions of Farmington and Empire Township. It is going from a future substation that will be built behind Northern Natural Gas and to the east ofthe industrial park to an existing electrical substation in Empire Township. The original route proposed by the utility companies had the powerline going from the Empire substation east to Akin Road, north on Akin Road to the river, through two parcels of private property owned by Giles Development and the Rother family, to Hwy 3, go south on Hwy 3 and cut across and connect with 21 Oth Street in Empire Township. Originally they proposed to cut south ofthe American Legion and north of the bus garage and go across. Staff recommended they go further south and go along the old railroad right-of- way and then connect with the original route. The utility companies arranged to have an Administrative Law Judge preside at the hearings that were held. He issued an opinion which stated he thought this idea made sense and the City's modification be accepted. He also recommended the route be rejected in favor of a route that would run through downtown Farmington. The route coming from the west to Akin and go south was the same, however he proposed going along the ballfields, south and across the river and cut through the City Center development. It would go to the north of Econo Foods, south ofPellicci Hardware to the railroad tracks and through the Eagle's Club parking lot and follow the old railroad right-of-way past Kemps and along the northern edge of Dakota Lumber to Hwy 3 where it would pick up the previous route. They are calling this route the adaptation route because it is an adapted version of an alternate route suggested by one ofthe property owners that would have been affected by the previous route, Mr. Jerry Rother. He was concerned that anticipated development on his parcel would be adversely affected by the powerline. The Administrative Law Judge's route is only a recommendation. The final decision will be made by the EQB. There is a meeting on January 20, 2005 where it is possible a final decision on the route will be made. The utility companies will have the authority to condemn whatever right-of-way they need to install the powerline and will possibly do that this spring. Staff is unsure how much notice the property owners received. Staff will make certain residents along the route within the City will be notified ofthe proposed route. Staffwill compile a mailing list and send this information to the affected residents. Staffwill provide written comments to the EQB and appear at the hearing. Staff believes the Judge chose this route because portions of the route follow existing rights-of- way. Staff has talked about extending 208th Street from Hwy 3 to Akin Road. Engineering is working on a feasibility report. Prior to the need to construct the powerline, it would be known where the road will be and the powerline could be placed in the right-of-way for that road. Staff feels the judge did not pay enough attention to that fact. City Administrator Urbia noted the proposed route could affect proposed development in the City Center. The notification in the paper Council Minutes (Regular) December 20, 2004 Page 7 showed one route, now there is an alternate. Hopefully residents will make their concerns known at the EQB hearing. Councilmember Fogarty stated this is nonsense to put this line through the middle of downtown when we have wide open spaces. She would be furious if this went by her business or on top of her home had she had a business established and built a home. Staffwill take it upon themselves to notify affected residents. Staff would like the route GRE indicated initially. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: She noted under the Consent Agenda the holiday display that was on Pilot Knob Road was donated to the City. It will be refurbished and displayed. There is a new recycling program. Parks and Recreation Director Distad stated the City will have a partnership with Community Education to collect old tennis shoes. Once 5,000 pairs of shoes are collected, they will be sent to Nike who will grind them up and they will be used for court surfaces. As part of the program the City has an opportunity to apply for grants to help acquire those court surfaces. Councilmember Fogarty wished everyone a Merry Christmas. Councilmember Soderberg: There was an article about Dew Days coming to an end. He felt the City needs a celebration. The last issue of the Independent stated the Independent was hosting a meeting to seek volunteers to continue a City celebration. It is scheduled for January 10, 2005 at 7 p.m. at the Eagle's Club. He encouraged residents to attend the meeting. He noted the Chamber is having a meeting to discuss their future. The liquor store is a member ofthe Chamber, therefore the City has a vote. The issue is whether to join with the Northern Dakota County Chambers of Commerce. He asked Council if they wanted to offer a vote or let the rest ofthe members cast their vote. The meeting will be held December 28,2004. City Attorney Jamnik noted Council cannot take a vote away from the Council table, but individual members can indicate their preference. It was agreed Council should communicate their comments to City Administrator Urbia and he will cast the vote on behalf of the City. Councilmember Soderberg gave an update on the HRA. There has been some progress on the Exchange Bank building with some plans for the fire escape, the grand stairway, and sprinkling the entire building. The HRA is continuing to look at the structure of the board. The HRA looked at architectural elevations for a proposed building next to Pellicci Hardware which may hold the new downtown liquor store and office space. He noted this is a special Christmas for his family. His entire family will be home this year. After the holidays, his oldest son will be serving our country. He wished everyone a Merry Christmas and a Happy New Year. Council Minutes (Regular) December 20, 2004 Page 8 Councilmember Fitch: on the Council. He thanked everyone for the privilege and honor of serving Police Chief Siebenaler: Toys for Town served 74 families with 187 children and local charities. After that the Salvation Army needed some help and they were provided with a truckload of toys. On Saturday there were 50 volunteers wrapping and delivering toys, and preparing food packages. It means as much to the volunteers as to the recipients. He noted the high school presented a truckload of toys and a check for $7,000 they raised in one week. If our future can be based on anything like our students in town, we are well prepared. He thanked all those who donated and volunteered. Councilmember Soderberg thanked Police Chief Siebenaler for his leadership in this program. Acting Mayor Cordes: She stated there is a special friend who watches every Council Meeting, Trent Weierke, and she wanted to say hi to him. She thanked everyone for the plaque, stating it has been a pleasure and a good experience. She thanked the citizens for giving her the opportunity and the staff. 14. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 8:25 p.m. APIF, MOTION CARRIED. Respectfully submitted, c: ~dAf~ /7'1~ 7 Cynthia Muller Executive Assistant