HomeMy WebLinkAbout07.06.04 Council Minutes
COUNCIL MINUTES
REGULAR
July 6, 2004
1. CALL TO ORDER
The meeting was called to order by Mayor Ristow at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Ristow led the audience and Council in the Pledge of Allegiance.
3.
ROLL CALL
Members Present:
Members Absent:
Also Present:
Audience:
Ristow, Cordes, Fitch, Soderberg
Fogarty
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; Brenda Wendlandt, Human
Resources Director; Cynthia Muller, Executive Assistant
William Stiles, Jr., Mike Helgestad, David McKnight, Dawn
Johnson, Dick Pietsch, Sally Eckert, David Seefeldt, Todd and
Julie Endersbe, Robin Hanson, Bryan Voight, Tom Armstrong,
W.T. Graham
4. APPROVE AGENDA
City Engineer Mann pulled item 7j) Accept Petition Main Street Closure for audience
discussion.
MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Swearing-In of New Police Officer
Officer Jermey Buss was sworn-in as the new Police Officer.
6. CITIZEN COMMENTS
7. CONSENT AGENDA
j) Accept Petition - Main Street Closure - Engineering
A petition was submitted during the neighborhood meeting regarding the Main
Street project.
Council Minutes (Regular)
July 6, 2004
Page 2
Mr. Bill Stiles, 421 Main Street, would like to have Council reconsider closing
Main Street. There is a high volume oftraffic on Main Street and people do not
stop at stop signs. It would cut down on the amount of traffic. He has heard that
Main Street would not be closed because of future construction on Elm Street. He
felt Willow Street would be better for through traffic, as Main Street will be
narrower.
Councilmember Soderberg stated the Main Street closure will be part of an
overall traffic analysis of downtown.
Mr. Mike Helgestad, 200 8th Street, as it sounds like Main Street will stay open,
he wanted to know what would be done to ensure the safety of children. A lot of
the traffic coming southbound on Hwy 3 try to beat the light at Elm and the cars
slide into his yard at 35-40 mph. In the winter they hit their brakes by his
sidewalk and don't stop until they pass the alley by the next house. Cars also
swing around to Main Street, go through the stop sign at 7th Street, and turn left to
try to beat the lights. There is a lot of running through lights and speeding.
MOTION by Soderberg, second by Fitch to approve the Consent Agenda as follows:
a) Approved Council Minutes (6/21/04 Regular) (6/21/04 Special)
b) Adopted RESOLUTION R46-04 Accepting Donation Pollution Prevention Day
- Parks and Recreation
c) Adopted RESOLUTION R47-04 Accepting Donation Safety Camp - Parks and
Recreation
d) Approved Change Order - Akin Elementary Trail - Engineering
e ) Awarded Contract - Annual Sidewalk Replacement Project - Engineering
f) Received Information School and Conference - Finance
g) Approved Appointment Recommendation - Human Resources
h) Approved Change in Working Hours - Main Street Project - Engineering
i) Authorized Ad for Sale of City Property - Finance
j) Accepted Petition - Main Street Closure - Engineering
k) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Farmington Lanes Parking Request - Engineering
Mr. Dick Pietsch, Farmington Lanes, submitted a request for diagonal parking in
front of his business. The estimated cost from the contractor was $30,696. Staff
also met with a representative of Marigold Foods to discuss parking and truck
traffic in and out of the creamery. Mr. Seefeldt of Marigold Foods indicated they
Council Minutes (Regular)
July 6, 2004
Page 3
would be able to get in and out with parallel parking. Diagonal parking would
work, but it would be better if four of the parking spaces were removed. Mr.
Seefeldt indicated it would not be necessary to maintain the no parking status on
the west side of 5th Street as long as the driveways remained clear.
Mr. Dick Pietsch, Farmington Lanes, stated the reason Marigold wanted parking
banned on the west side was because the trucks could not maneuver. He did not
understand why now it was ok either with or without parallel parking. As far as
the bid to redo the street for diagonal parking, it is more money than the project
will cost for the whole street. He did not feel the amounts for some ofthe items
were correct. He felt the project was delayed mainly as far as he was concerned
by the City Engineer. Every two weeks he was told it could not be done. Now it
is ok ifhe wants to pay $34,000. It will cost him over $26,000 for the project in
the first place. He stated the City Engineer had no concern for a business in
Farmington. The City could have controlled how the contractor made the road so
it was passable every day. He was very angry over the whole thing. This has
gone way to far. Now it is his fault it is getting delayed. The gas lines were being
installed this week, but the curb was scheduled to be done last week. Why
weren't the gas lines installed before they discussed putting in the curbing? He
did not understand how that kind of money could be charged. If this is common
practice, then he felt the City was getting ripped off every time a change is made
in any kind of a project. Mr. Pietsch would like diagonal parking with no parking
across the street. It would make the street wider for Marigold's trucks to back in
than with parallel parking on both sides. The last four spaces would not interfere
with trucks trying to turn.
Councilmember Fitch stated this project has been going on quite a while. It was
bid last year, so how did we get this far with this particular problem that it goes up
to the last minute of construction. Mr. Pietsch replied they asked last Marchi April
if they could have angle parking and were told no, so they pursued it further.
They were told by the Engineering staff in April the project would take three
weeks. The whole project took 12 weeks.
Mr. David Seefeldt, Marigold Foods, stated they requested no parking in March
because patrons of Farmington Lanes were consistently blocking the trailer
access. They would have to enter the bowling alley to find patrons to move their
vehicles. Frequently, customers did not want to leave what they were doing.
That is not an issue now as long as the driveway area is clear. As far as it being
easier for trucks to back into the area with diagonal vs. parallel parking, there is
only 1 ft. difference so for a 75 ft. tractor/trailer that is a low amount. His request
was to eliminate the four south parking spaces so when the trucks were backing
into the loading bays they would have room to drive forward. The main concern
is they are blocking the street during this process. If a car shoots in front of the
truck, there is a potential for an accident. With the new fire hydrant, that will
affect the ability of cars to park there and will allow room for the trucks to
Council Minutes (Regular)
July 6, 2004
Page 4
maneuver. It would be most beneficial to not have parking across from the truck
bays.
City Engineer Mann stated the issue as far as the Marigold request, would be to
eliminate four stalls and then begin the diagonal parking. There would be extra
width of the street to allow the trucks to back in. This would leave 7 diagonal
parking spaces. There are currently 7 parallel parking spaces in front of the
bowling alley. On the west side of 5th Street there would be 6 parallel parking
spaces. Ofthe 7 spaces in front of Marigold's driveway, Mr. Seefeldt would like
to see the 2 southern spaces eliminated. Mr. Pietsch stated according to the
drawing two of them are in front of the walkways. He would like the striping
done so the walkways are left open.
Mr. Seefeldt stated he would still like to keep an area where a truck could pull
forward to eliminate the possibility of an accident or prevent a truck from hitting a
car parallel parked. He was concerned with diagonal parking and plowing in the
winter. The plowing might not be done way to the curb as it is with parallel
parking.
Councilmember Fitch asked Mr. Pietsch ifhe would agree to this plan with the
parallel parking. Mr. Pietsch agreed with this plan. There would be no additional
cost. City staff will do the striping for parallel parking. MOTION by Soderberg,
second by Cordes to rescind the no-parking status on the west side of 5th Street
and install the striping for the parallel parking. APIF, MOTION CARRIED.
Mr. Seefeldt stated his original request in March was to eliminate the two parking
spaces across from Marigold's driveway to allow the trucks to pull forward. The
plant is in operation 24 hours. Council directed staff to research the area to see if
two more spaces could be allowed in front of Landscape Depot, and verify the
entrance to Dakota Lumber, then the two spaces across from Marigold's driveway
could be eliminated. If this does not work, the two parking spaces should remain.
There would be 12 parking spaces. Staffwill inform Council ofthe outcome.
b) Adopt Ordinance - Allowable Uses on Boulevards -Police
There have been numerous portable basketball hoops left in the boulevards that
are causing problems for the solid waste trucks. A couple of these have been
severely damaged by the trucks. The process is slowed down by the truck having
to maneuver around the basketball hoop. In addition, placing the basketball hoops
on the boulevards encourages adults and children to play in the street, which is
something the City does not want. Staffhas worked with the City Attorney to
draft an ordinance amendment that would prohibit the placement of portable
recreation devices and other personal property in the boulevards. Staff is aware of
two basketball hoops that have been damaged. The City has also received claims
regarding these and the City's insurance company denied the claims.
Council Minutes (Regular)
July 6, 2004
Page 5
Councilmember Fitch asked what was defined as recreational equipment. Police
Chief Siebenaler stated in this case it includes basketball hoops, but it could also
be soccer nets for example. Councilmember Fitch asked about a travel trailer.
Staff replied that would be considered a recreation vehicle and would be covered
under another ordinance. Councilmember Fitch stated there is one where it is
parked in the driveway, but the hitch extends right down to the street. Staff
replied it would only be prohibited if it obstructed a sidewalk. Councilmember
Fitch stated then what if they placed the basketball hoop in the driveway. Mayor
Ristow stated he has seen two in his neighborhood and when they are using it, it is
in the street, but otherwise it is up by the house. Staff stated this has been an
ongoing problem. It is time consuming for the garbage trucks to dodge the
basketball hoops. Mayor Ristow asked what if a car was parked to close to the
garbage can. Staff replied the garbage would not be picked up. Mayor Ristow
stated we should follow the same practice if the hoop is in the way, leave the
garbage and send them a letter. Councilmember Cordes stated the other issue is
to try to prevent children from playing in the street.
Councilmember Soderberg asked City Attorney Jamnik without the ordinance, is
the City responsible for damage to personal property on the boulevard. City
Attorney Jamnik replied no, there is a catch all provision. Part of this is public
education and information. Staff wanted to specifically state do not put these in
the boulevard. It removes a lack of clarity. Councilmember Soderberg stated the
problem comes in where the hoop is left on the street. He asked how enforcement
would be done. Staff replied the Police Department would be the enforcement
arm. They would put the ordinance on the hoop along with a warning. The actual
removal ofthe hoop would be through the public works department. This has
been in the City Newsletter in several issues. Councilmember Fitch stated ifit
interferes with City operations, then do not pick up the garbage. If a resident
wants to argue the point, he would not have a lot oftime to listen. That is part of
the City operations we try to provide.
MOTION by Soderberg, second by Cordes to approve the ordinance amendment
as requested. Voting for: Cordes, Soderberg. Voting against: Ristow, Fitch.
MOTION FAILED.
c) Approve Policy Statement for Great River Energy Project - Community
Development
Three local utility companies are proposing to install a 115 kilovolt transmission
line and a substation in Farmington and a portion of Empire township. The line
would run from an existing substation in Empire along 21 oth Street to Cambodia,
north on Hwy 3 and west to Akin Road, and south to the Industrial Park. There
was a public meeting sponsored by the Environmental Quality Board which has
the responsibility for determining where the line will be. The utility companies
have to prepare an Environmental Assessment. The deadline for comments on the
project is July 9,2004. Staff has prepared a draft letter reflecting the City's
comments. The letter breaks the route down into a couple of segments. Staff
Council Minutes (Regular)
July 6, 2004
Page 6
presented a map showing the line coming in from the east off of 21 oth Street and
cuts between the Marschall Bus Line property, the American Legion, and another
home. The width of the easement is 35 ft. on either side ofthe line. This
incorporates a portion of two or three buildings. The poles would be made taller
to have vertical separation. Staff feels a better alternative would be to turn the
line to the southwest and run it along the former railroad right-of-way. It would
go along the backside of the Dakota Storage building. There is a possibility
Willow Street could be extended to provide a connection. There is future
redevelopment potential which could be adversely affected by the poles. Staff
commented on the portion of the route along Hwy 3 on the east side. There are
several nice oak trees and staff would like to save the trees. There are lines
already on the east side ofHwy 3. Staffis asking the EQB to have the utility
companies co-locate lines on the existing poles. For the portion that continues to
the west to Akin Road, staff would like the EQB to continue working with the
City to minimize the impact on future development. Staff is basically asking
them to place power lines along the roads to minimize impact on homes.
Mr. Bryan Voight, 1650 21 oth Street, stated he was representing the residents
from Empire Township living along 210th Street. They were proposing an
alternate route to the EQB and wanted to inform Council of the route. Their route
is to follow the old railroad bed past Farmington, through Empire, it stops at a
quarter section line below CR66, then go straight east to the transmission line that
runs north and south. This will only affect three residents and will connect very
well to Farmington's proposal. Another alternative is CR66 and follow into town
where there is more open space. Another alternative is Hwy 50 which is the
original Great River Energy proposal when they constructed the power station.
He would like Farmington to consider running the line through the old railroad
bed farther into town and going west behind Econo Foods. This would shorten
the line. Their understanding about the trees along Hwy 3 is that they will be lost.
Staffhas recently heard about the railroad bed option. The EQB looks at which
route affects the greater number of property owners. Along Hwy 3 there is a
limited number of properties impacted. To go behind Econo Foods there would
be a number of properties affected.
MOTION by Fitch, second by Soderberg to approve the proposed comment letter
and authorize staffto submit it to the EQB on or before July 9,2004. APIF,
MOTION CARRIED.
d) Set Council Workshop -Administration
Staff proposed a workshop to discuss the Metropolitan Council Wastewater
System Plan Update for the Empire Service Area, the Trunk Highway 3 Access
Management Plan, the City Hall Needs Assessment Report, and the Satellite Fire
Station Needs Assessment Report. The Council Workshop was set for Monday,
July 26, 2004 at 6:30 p.m.
Council Minutes (Regular)
July 6, 2004
Page 7
11. UNFINISHED BUSINESS
a) Approve Hiring of Consultant for Community Center Feasibility Study -
Parks and Recreation
The consultant has agreed to honor the proposal for 60 more days, to August 20,
2004. Staff is working on the financial report Council requested for the park
improvement fund. Staff requested this item be tabled to the August 2, 2004
Council Meeting when the information will be available. Mayor Ristow asked
Finance Director Roland if she saw a change as to whether it was feasible.
Finance Director Roland replied her opinion was that it was feasible at the
beginning, but she is taking Council's comments into consideration.
Councilmembet Soderberg did not want to see it any later than the August 2
Council Meeting. He was content to table it, but still favors the proposal. Mayor
Ristow asked ifthere was enough time to have a referendum this year. Parks and
Recreation Director Distad replied the study takes 2-4 months, and to be on the
ballot it has to be authorized 60 days before the election so that would be early
September. That does not fit within the time frame. Councilmember Cordes
wanted to make it clear that this is a Community Center, not an outdoor athletic
complex. Staff replied that is correct. The consultant would look at whether an
outdoor athletic complex should be attached, not getting into what type of
complex. The primary focus would be on a building.
Ms. Julie Endersbe, 5322 1 89th Street, stated one of the things that is really
exciting right now, is the City is working with the School Board. Other
communities are working together, sharing space and putting a Community
Center next to a school. The elementary school is the first need with the high
school coming later. This can save the tax payers money. Efficiency would say
let's work together and see what it would look like. We are due for a bigger plan
for park and recreation.
Ms. Robin Hanson, 18880 Elgin Avenue, ifthis is put to a referendum is it limited
to November, or can it be done anytime? Finance Director Roland replied the
national election is budgeted for $15,000. A special election would be less
expensive, however it would be hand ballots and a different situation. Mayor
Ristow stated if it were with the general election there would be no additional
cost.
MOTION by Fitch, second by Soderberg to table this item to the August 2, 2004
Council Meeting. APIF, MOTION CARRIED.
b) Akin and 20Sth Street Signal Lights - Engineering
Council directed staff to research the cost of the installation of temporary traffic
control at the intersection of Akin Road and 208th Street. The schedule showed a
completion date of October 15, 2004 if the Council authorized the project at this
meeting. It was recommended the controller cabinet be obtained ahead of the
process to keep the schedule. It is an option to have Dakota County perform
signal maintenance. If Council approves this, the City may have to obtain a
Council Minutes (Regular)
July 6, 2004
Page 8
couple other pieces of equipment. The estimated cost for the signal is $95,000.
The earlier estimate of$SO,OOO did not include the controller cabinet. The
$95,000 does not include striping or signal maintenance. There is an operation
cost depending on the type of lights used. The cost would range between $600-
$1200/year for the power. Urgent maintenance averages 5 man hours per year.
Ongoing maintenance could be between 15-20 man hours per year. Council
would need to enter into an agreement with the County.
Councilmember Fitch stated we will be paying over $200,000 for the light by the
time we install temporary lights and then in a few years install permanent lights.
He understood the HRA is working with some properties along 20Sth Street for
development and felt it would be more prudent to help development pay for the
light on a permanent basis. We are paying 35-40% more than if we wait for a
permanent light. The stop signs are doing what we wanted them to do at a much
lower cost until 20Sth Street goes through. There have been two instances he
knows about regarding stacking. As residents understand there is a control there,
they will move over to Pilot Knob Road to keep some of the traffic off of Akin
Road. From the MUSA Committee meetings, there is a lot of development
planned for the east side of Akin Road. Ifwe do not discourage more traffic flow
from Akin Road, we will only continue to exaggerate the problem that is already
there. The east-west roads predicted are not going to handle all ofthe traffic that
will come from the developments planned in those areas. He felt permanent stop
signs should be installed. The cost is approximately $2S00 which includes the
signs, flashers, and striping.
Councilmember Cordes felt they needed to ~ive the stop signs a chance. When
development occurs on the west side of 20St Street, then look at signal lights.
When Akin Road was redone, one ofthe goals was to reduce the amount of
traffic. People will become educated and find an alternate route on Pilot Knob
Road.
Councilmember Soderberg felt the signal lights are needed. There is no
indication when 20Sth Street will continue west from Akin Road. The feasibility
study for 20Sth Street being done is for the extension of 20Sth Street to Pilot Knob.
It does not include an extension to Akin Road. After school gets out, there are
times when there is considerable stackinf The stacking will not occur as long as
there is no traffic approaching from 20St Street. At the last meeting we
understood this would cost $SO,OOO, but that did not include the control cabinet.
Mayor Ristow thought it was $60,000, now we are up to $SO,OOO, then $95,000
and now over $100,000. Once they cross Hwy 50, traffic has a free ride to speed
without a stop sign. Councilmember Soderberg stated Council chose a course at
the last meeting and wanted to stick to it. Going back and forth is foolishness.
The cost for signal lights does include a left turn signal.
Ms. Julie Endersbe, 5322 lS9th Street, stated they have a i6-year old who they
will not let drive on Akin Road because the traffic is so horrible during the school
Council Minutes (Regular)
July 6, 2004
Page 9
day. When she drives the children to school, the stacking is unbelievable and
very scary. During school it is a horrible problem in the morning and afternoon.
It is an engineering problem, with only one entrance to two middle schools. As
new schools are built, keep talking about that problem. She wanted to invite
Mayor Ristow and City Administrator Urbia to sit at the intersection at 7:15 a.m.
to see the traffic. She recommended tabling it and getting more information,
rather than letting it drop.
Councilmember Soderberg asked if staff has looked at the old traffic count
numbers to determine whether or not those numbers warranted signals. City
Engineer Mann replied they were not looked at in light of a signal. In the past
they have been looked at from a stop sign perspective. In the last couple
meetings, staff has not received direction from Council to do that.
Councilmember Soderberg asked if Council would like to have those numbers
reviewed for signal lights. Staff stated there are different things that are looked at
for signals, and staff will have to verify if that information is there.
Mayor Ristow asked City Engineer Mann, in his professional opinion, how much
of a time difference is there between when the light is red, or if traffic stops and
moves on. City Engineer Mann replied the traffic signal would allow the
intersection to operate more efficiently, especially during the peak times. As far
as doing a study, the stop signs have already been placed. The signal would
operate better with or without a study. It is up to Council as to what they would
like to see there. Staffwill have to review ifmore field data is needed. School is
not in session, so whether we would want to wait would be a good question.
Councilmember Fitch replied to staff s comment regarding the signal working
better. At times it would. His guess is that during peak times there will be an
exorbitant amount of stacking especially the left turn lane coming from the north
to go east. If you start stacking traffic to turn left, there is the issue of the bridge
where the road is narrower. There will be a lot of stacking on Akin Road whether
there is a stop sign or a light as traffic on 208th Street will be competing with the
light on Akin Road. There is no perfect solution, and he does not see paying for a
stop light twice.
Councilmember Soderberg asked if the City waited for 208th Street to be
developed, would development help pay for the signal. City Engineer Mann
replied that would be a potential. It depends on how it gets developed. That
would be staff s direction.
Ms. Robin Hanson, 18880 Elgin Avenue, stated regarding the efficiency of
signals, she commended Council for installing the temporary stop signs. In her
two week experience, as the stop signs were installed the last two weeks of
school, they have created a different problem. You cannot get in and out of the
school or the developments because now you have a steady flow of traffic
constantly coming as a result of the stop sign. Before there was a break giving
cars a chance to get out. It has created stacking within the development and at the
Council Minutes (Regular)
July 6, 2004
Page 10
school trying to get out because there is a steady flow of traffic on 20Sth Street. If
there were signals, there would be breaks where cars could get in and out.
Mayor Ristow asked if the equipment installed for a temporary signal could be
reused 5 years from now. City Engineer Mann replied it was his understanding it
could be. The poles would not be reused. Mayor Ristow was concerned if
technology changes, then there would be additional cost. Councilmember Fitch
asked ifit would include opti-com. Staff will have to research that.
Councilmember Fitch stated he could not see installing signal lights without it, as
emergency vehicles could not get through.
MOTION by Soderberg to authorize advertisement for bids for the signal project
and to pre-order the controller cabinet. MOTION dies for lack of second.
Councilmember Cordes requested staff place the installation of permanent stop
signs on a future Council agenda.
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmember Fitch: The MUSA Review Committee made healthy strides in
determining where the MUSA lines will be created. Staff will be bringing back the
information on the parcels re~uested to look at first for MUSA. The majority ofthe
parcels are located in the 195t and 20Sth corridor on the east side of Akin Road.
Information was requested on a few properties in the townships, the Garvey property was
one of them, and a few by the American Legion. The schedule has picked up to 2
meetings per month. Staff is doing a good job providing information to the MUSA
Committee. He has not heard any complaints about the parcels identified and the
process. Community Development Director Carroll stated the ones identified by the
Committee were very happy. Those not identified understand the City is looking at a
long range process and some of those parties were not requesting MUSA right now, they
wanted to start the process for future years. The township properties have been identified
as important to future transportation corridors. The owners have come to the City
wanting MUSA and staff has informed them they would have to be annexed into the City
to obtain MUSA. Councilmember Fitch stated some of the properties have already
notified the townships of their interest.
City Administrator Urbia: There is a potential upcoming meeting between the Council
and the School Board. Staffwill inform Council after the meeting on Friday. It was
mentioned at the last meeting to change the Coffee with the Council. The next meeting is
July 15, at 7:30 a.m. Mayor Ristow and Councilmember Soderberg are next on the list to
attend. Councilmember Soderberg stated this was initiated by the Chamber. He did not
want to change it, unless it was discussed with the Chamber. As far as the meeting he
held with business owners two weeks ago, City Administrator Urbia, Community
Development Director Carroll and the rest of Council would have benefited greatly from
Council Minutes (Regular)
July 6, 2004
Page 11
the discussion. He felt Council should actively seek out business owners input on
economic development and their ideas as far as helping the City grow. Councilmember
Fitch suggested asking the Chamber if they would be willing to include other businesses
other than just Chamber members.
14. ADJOURN
MOTION by Cordes, second by Soderberg to adjourn at 9:18 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~~;>Y?J~
Cynthia Muller
Executive Assistant