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HomeMy WebLinkAbout01.07.02 Council Minutes COUNCIL MINUTES REGULAR January 7, 2002 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, Soderberg, Strachan, Verch None Andrea Poehler, Acting City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Jim Bell, Parks and Recreation Director; Lee Mann, City Engineer; Karen Finstuen, Administrative Services Manager; Brenda Wendlandt, Human Resources Manager; Cynthia Muller, Executive Assistant Brian and Karen Donnelly, Elayne Donnelly, Michelle Leonard, Pat and Darlene Donnelly, Tom Poseley, Bob Donnelly, Anne Raymond, Terry Donnelly 4. APPROVE A GENDA MOTION by Soderberg, second by Verch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Community Development Kevin Carroll was introduced as the new Community Development Director, effective December 21, 2001. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (12/17/01 Regular) b) Approved Non-Bargaining COLA - Administration c) Received Information Capital Outlay - Fire Department d) Received Information Capital Outlay - Parks and Recreation e) Received Information Capital Outlay - Police t) Approved Street Lighting Installation - Engineering g) Approved Bills APIF, MOTION CARRIED. Council Minutes (Regular) January 7, 2002 Page 2 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matten - Administration State Law requires the City Council address annual organizational matters at the first meeting of each year. 10a(I). MOTION by Cordes, second by Strachan that Councilmember Verch be designated as Acting Mayor from January 7, 2002 through December 31, 2002. APIF, Motion Carried. 10a(2). MOTION by Soderberg, second by Verch that the Farmington Independent be designated as the official publication from January 7, 2002 through December 31,2002. APIF, Motion Carried. 10a(3). MOTION by Cordes, second by Verch appointing the firm of Campbell Knutson, Joel Jamnik as City Attorney from January 7, 2002 through December 31, 2002. APIF, Motion Carried. 10a(4). MOTION by Soderberg, second by Verch appointing the firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of 2002. APIF, Motion Carried. 10a(5). MOTION by Strachan, second by Soderberg that the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, Dain Rauscher, Juran and Moody, Morgan Stanley Dean Witter, Wells Fargo Investments and Salomon Smith Barney be designated as the Official Depositories from January 7, 2002 through December 31, 2002. APIF, Motion Carried. 10a(6). MOTION by Cordes, second by Verch that the City Council By-Laws be approved as presented. APIF, Motion Carried. 10a(7). MOTION by Soderberg, second by Verch that all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2002. APIF, Motion Carried. 10a(8). MOTION by Strachan, second by Soderberg that the following bonds now on file in the office of the City Clerk be approved: United Fire and Casualty Public Employees Blanket Bond January 1, 2002 through December 31, 2002 $250,000.00 APIF, Motion Carried. Council Minutes (Regular) January 7, 2002 Page 3 10a(9). RESOLUTION NO. R 110-01 Establishing Fees and Charges for licenses and permits for 2002 was adopted December 17, 2001. 10a(10). Appointments to Boards and Commissions - Candidates will be interviewed January 12, 2002 and appointments will be made at the January 22, 2002 Council meeting. It was decided to interview new applicants only. Incumbents will be reappointed. 10a(11). MOTION by Ristow, second by Cordes, to appoint Councilmember Strachan as the primary and Councilmember Soderberg as the alternate representative to the ALF Ambulance Board. APIF, Motion Carried. 10a(12). MOTION by Soderberg, second by Strachan to appoint Councilmember Verch as the City's representative to the CEEF Committee. APIF, Motion Carried. 10a(13). MOTION by Cordes, second by Verch acknowledging the designation of Councilmember Soderberg, Staff member Kevin Carroll, and Planning Commission Member Todd Larson, on the Joint Farmington/Empire Planning Board. APIF, Motion Carried. 10a(14). MOTION by Verch, second by Strachan acknowledging the designation of Councilmember Cordes, and Councilmember Soderberg, and Staff member Ed Shukle, on the Multi-Jurisdictional Committee, Ash Street/Prairie Waterway Phase IlL APIF, Motion Carried. 10a(15). MOTION by Verch, second by Soderberg to appoint Councilmember Strachan as Council's representative to the Chamber of Commerce and Councilmember Cordes as an alternate. APIF, Motion Carried. b) Communication from Charter Communications -Administration Due to an increase in business costs, effective February 1, 2002 service for Broadcast Basic will increase to $13.59/month. Expanded basic will increase to $29.36/month. c) Communication from Metropolitan Council - Administration The Metropolitan Council is working on a Master Wastewater Service Plan. Recommendations include expanding the Empire Wastewater Treatment Plant and to discontinue discharge of wastewater to the Vermillion River. A public hearing is scheduled for January 29, 2002. d) League of Minnesota Cities Leadership Conference - Administration The League of Minnesota Cities Leadership Conference for Experienced Officials will be held February 15-16,2002. Council Minutes (Regular) January 7, 2002 Page 4 e) Proposed Tramc Signal - 3rd Street and CSAH 50 (Elm Street) - Engineering Dakota County has recommended the installation of a traffic signal at the intersection of 3rd Street and Elm Street. In the summer of 2003, the State will be closing TH3 at the bridge immediately north of Hwy 66. A detour route will be established on CSAH 50. This prompted a study of the area to review the possible impacts. As a result of this study and on the current and predicted traffic conditions at this intersection, Dakota County is recommending the installation of a traffic signal on the comer of 3rd Street and CSAH 50. Several changes to the geometry and layout of the intersection are needed as follows: 1. Widening is needed for the northwest and northeast comers of the intersection to provide a greater turning radius that can better accommodate tmcks turning to and from the north approach of 3rd Street. Centerline striping is needed along 3rd Street to define the lanes and allow queuing for the signal in the proper locations. A minimum of four parking stalls will need to be removed on the east side of 3rd Street, south of CSAH 50 to allow for queuing of the right turn movement at the proposed signal. Parking on the east side of 3rd Street, north of CSAH 50 will need to be restricted within 50' of the comer and will have to be changed from diagonal to parallel parking in order to minimize conflicts between parked traffic and traffic turning north onto 3 rd Street. 2. 3. 4. Funding for this project will be shared by Dakota County, MnDOT, and the City of Farmington. Total costs for the proposed signal are estimated at $135,000. The cost allocation per County policy is 50% County I 50% City after the MnDOT contribution is deducted. Therefore, allocations would be MnDOT $40,000, Dakota County $47,500, and the City $47,500. Constmction will begin in 2002. Councilmember Strachan was concerned with the loss of 4 parking spaces downtown. City Engineer Mann stated the County Traffic Engineer wanted to allow for stacking distance for right turns. Also at an intersection with signals, they need to clear the intersection to minimize distractions and for sight distances. Councilmember Strachan stated this is a huge benefit for allowing time to enter and exit City Center. Councilmember Cordes was concerned about the parallel parking on the east side of Third Street, north of Elm Street. City Engineer Mann stated there is a distance of 50 - 75 feet the County suggested for parallel parking rather than diagonal parking so cars would not be backing out into the intersection. Councilmember Soderberg stated he would prefer to have the striping for the turn lanes only and not have striping all the way to Oak Street. Mayor Ristow asked if there would be left turn lanes available. City Engineer Mann stated on Third Street there would be a combined through I left going north Council Minutes (Regular) January 7, 2002 Page 5 with a right turn lane. Southbound would be similar. On Elm Street there is a dedicated left turn lane, so there would be a combined through / right turn on Elm Street. City Engineer Mann will have to discuss with the Traffic Engineer whether there would be left turn arrows on the signal. MOTION by Soderberg, second by Cordes approving entering into an agreement with Dakota County for the installation of a traffic signal with the associated geometric alterations at the 3rd Street and CSAH 50 (Elm Street) intersection. APIF, MOTION CARRIED. t) Vermillion River - Memorandum of Understanding - Engineering Metropolitan Council Environmental Services is in the process of implementing a project that would accomplish the expansion of the Empire Wastewater Treatment Plant. Based on the surrounding communities' current comprehensive plans, the treatment plant will be at capacity sometime around 2005-2006. The Minnesota Pollution Control Agency who has the authority to grant the permit to expand the plant, has indicated that the issue of storm water runoff into the Vermillion River needs to be addressed before a permit will be issued. The Cities that utilize the Empire plant will need to have storm water ordinances and regulations in effect that meet the criteria of the MPCA's model storm water ordinance, before the MPCA will issue the permit for the plant expansion. The main component that is absent from the City's ordinances is a shoreland ordinance. Met Council staffhas suggested that the cities involved enter into a Memorandum of Understanding regarding Storm Water Management for the Vermillion River. The MOU would indicate a commitment on the part of the cities involved to adopt and implement a storm water management program that is consistent with the draft Vermillion River Watershed Plan. Council agreed that a final draft of this type of Memorandum of Understanding would be acceptable for future Council review and potential approval. MOTION by Soderberg, second by Cordes authorizing staff to initiate the drafting of a shoreland ordinance. APIF, MOTION CARRIED. g) Vermillion River - Proposed Trout Stream Designation - Engineering The DNR is proposing to extend the trout stream designation of the Vermillion River from its current terminus in downtown Farmington, to Highway 52. The changes in designation may have significant legal, regulatory and economic impacts on the City's plans and systems, developers and residents within the Vermillion River Watershed. Changes to surface Water Management Plans and permit requirements should be clearly spelled out before the designation takesleffect so that the cities, developers, residents and others can comment. It is strongly recommended the DNR work with local governments to identify the legal, regulatory and economic impacts of the designation and assist in developing solutions before the designation takes place. MOTION by Soderberg, second by Strachan authorizing staff to draft a request to the Department of Natural Resources that the decision to designate further reaches of the Vermillion River Council Minutes (Regular) January 7, 2002 Page 6 be deferred until the implications of the designation are clearly identified and solutions to related concerns are developed. APIF, MOTION CARRIED. h) Authorize Use of Eminent Domain - Middle Creek Trunk Sanitary Sewer and Water Main Extension Project - Engineering At the November 5, 2001 City Council meeting, the Council accepted the feasibility report, ordered plans and specifications and authorized the advertisement for bids for the Middle Creek Trunk Sanitary Sewer and Water Main Extension Project. The sewer and water main project will require that the City acquire easements from two adjacent properties owned by the Donnelly's. In order to insure that the easements can be acquired to commence construction of this project in the time frame necessary to serve the new elementary school, it is recommended that the Council authorize staff to initiate eminent domain proceedings. It is staffs goal to negotiate the right-of-way acquisition with the property owner, thus making the use of the City's power of eminent domain unnecessary. However, if negotiations become protected and the City has not initiated eminent domain proceedings, it will be too late to acquire the right-of- way to allow the improvements to be constructed this year in time for the opening of the new school. Mayor Ristow asked if the school board is looking at the same property and are there two negotiations going on? City Engineer Mann replied the proposed improvements are to serve the new elementary school. As far as the properties the City is looking to acquire to construct the utilities, the school district is not looking to acquire those same properties. The bids are tentatively set to be taken January 24, 2002. There would be some winter construction. A portion of the project does not need easements, so it is possible construction could start in February. Negotiations have been going on with the property owners for the last 1 1/2 months. A settlement has not been reached. Councilmember Cordes stated she is not a big fan of eminent domain, but understands it is necessary in some projects. She would like assurance the City will continue to negotiate before they enact eminent domain. Councilmember Strachan asked if the decision for eminent domain is made, can staff provide the actual dollars that are being negotiated up to that point? Attorney Poehler replied yes. Mayor Ristow stated eminent domain would only be exercised if the project fails to start. City Engineer Mann replied the intent of eminent domain is only to allow the project to start on time. Negotiations on the easements will still continue and are open for settlement. Mr. Bob Donnelly, 20080 Flagstaff Avenue, stated they found out about the eminent domain coming before Council Friday afternoon. This was not enough time to contact their attorney and discuss arguments for and against it. Negotiations with the City started October 15,2001. Mr. Donnelly asked if there is legal notification? Attorney Poehler stated there is a legal process and the City Council Minutes (Regular) January 7, 2002 Page 7 is doing exactly that. This is a formality for the Council to authorize quick take proceedings if it becomes necessary. There will be other opportunities to challenge the quick take through the legal process and the Donnelly's would be notified. Mr. Donnelly then asked why are we discussing sewer and water for a project that is 20% done? Isn't sewer and water done before construction starts? City Engineer Mann stated it is typical during a project process that trunk facilities are built during development or shortly before development occurs. Trunk facilities have to be installed before Certificates of Occupancy are issued. It is difficult to design sewer and water plans until the grading plans are finalized. Once the grading plans were fmalized, the City was able to finalize their plans. This is consistent with policy and other developments. Mr. Donnelly asked what happened to the original plans where the water would come through Charleswood instead of the Donnelly property? City Engineer Mann replied there was a point in the development of the school project where it was discussed whether there needed to be street access between Charleswood and the new school. At one time Charleswood would provide one lot to be used as street right-of-way. When the school determined they would not be developing the southerly area for some time, the school decided they did not need to retain an access through Charleswood. When the access was being planned, it was discussed having a water main loop through that area. Once the access went away, that option was no longer looked at. The City then looked at making the connection to the two trunk water mains, one to the south in Charleswood and one in the southwesterly comer of the Troy Hills development, on the north end of the school project. Mr. Donnelly stated he remembers what went on with the water and sewer plans differently. There were prolonged discussions with the school over the past year and the Donnelly's told the school they did not want water and sewer access to their land. That is why the Nordseth property would not work for them. Why did the access change? Why not go with the original plan? Why weren't the Donnelly's notified when the plans were changed so they could have been more involved? City Engineer Mann stated he was aware there were discussions as to whether there could be street access from the south, extending 200th Street through the Donnelly's property. Regardless of whether or not there had been an access for water through Charleswood, the City would still have to connect northerly through the Donnelly property to the water main at the southwest comer of the Troy Hills development. The easement is on the easterly portion of the Donnelly property, westerly of Charleswood, just south of the school district property . Mayor Ristow asked how much land is involved? City Engineer Mann replied the easement to the south is approximately 3,000 sq. ft. The amount to the north is slightly more than 1/2 acre. Mr. Donnelly stated he thought the easement to the Council Minutes (Regular) January 7, 2002 Page 8 north was 77,000 sq. ft. City Engineer Mann replied when staff first contacted Mr. Donnelly, the 195th Street project and the utility project were looked at as one as they are in the same area. As part of the 195th Street project the City is looking at acquiring the right-of-way all along the north side of the 195th Street project to the ultimate right-of-way width which is 60 feet. When the City talked with Mr. Donnelly originally, they were talking about the entire roadway right-of-way which would have included the water main easement. At this time, since the roadway is a County Road, if there is any acquiring of right-of-way the County will have to do that. The only right-of-way the City is looking at from the standpoint of eminent domain is just the easement necessary to construct the water main. Mayor Ristow asked when the last discussions were held with Mr. Donnelly? City Engineer Mann replied at the beginning of December he indicated to Mr. Donnelly he would need a decision by December 31. City Engineer Mann stated he did not feel there was any confusion as to what easements were needed. Mr. Donnelly stated Mr. Ohl promised the school had the water. Why are we discussing condemnation now instead of getting all the benefiting properties involved to sit down and talk? The Donnelly's have asked the school several times to talk with them and the school has refused. The Donnelly's want to work this out with the school. Then if they cannot agree, bring it to the Council. Mayor Ristow stated if it is a trunk facility provided by the City for public hookup, for the school, the school would not have anything to negotiate. The property is owned by the City. City Engineer Mann stated the school district came to the Council and requested the improvements be installed. The Council agreed to install the improvements within a timeframe that would allow the school to open. The reason for this request is to ensure staff can provide these services. Mr. Donnelly stated anyone who wants to develop north of them has always asked if they could run water and sewer. If it weren't forthe school, there would be no trunk line there. This could be solved easily if Council would suggest a meeting between the Donnelly's, the school, and the City and table this item until the next Council Meeting. Mr. Donnelly then mentioned the land is in ag preserve. According to the Met Council there are problems getting it out of ag preserve. He received information from the Met Council stating construction projects for public sanitary sewer systems and public water systems benefiting land and buildings in ag preserve shall be prohibited. Attorney Poehler stated there are exemptions that will allow for portions of less than 10 acres to be removed from ag preserve. Mr. Donnelly stated he was aware of those provisions. In talking with the Met Council he was told this has been tried before. Mr. Donnelly would like to meet to settle the issue without eminent domain. If Council agrees to eminent domain the school is free and clear. Mr. Donnelly wants protection for their farm. Councilmember Soderberg asked if the design of the trunk facility the least intrusive on the Donnelly property? City Engineer Mann stated it is the least Council Minutes (Regular) January 7, 2002 Page 9 intrusive they could make it. It is along the property line. There will be sanitary sewer to the east of it. In the north it is in the area that in the future would be County right-of-way and close to the southerly edge of the Donnelly property. There are no manholes for water main and for the most part would not affect the surface of the land. The project does affect the yield of the land and in the past the City has compensated farmers on a prorated basis for crop loss. Councilmember Soderberg asked if a delay in action would cause concern for finishing the project on time? City Engineer Mann replied the project can be built whether the easements are settled next week or if the City has to go through the 90 day process of quick take. If the project is prolonged, there are potential additional costs to the project. If it takes too long, the project will not be done in time to get the school open. Councilmember Cordes asked if Council postponed the decision until January 22, 2002 would that work within the time frame? City Engineer Mann replied we could handle two weeks. The deadline for the project is July 31, 2002. Mr. Donnelly stated they would be happy with postponing the decision for two weeks to meet with the school. If not able to reach an agreement, then proceed with eminent domain. Councilmember Cordes stated Council cannot force the school to meet with the Donnelly's. Mayor Ristow stated if there is no agreement, Council will have to approve eminent domain. Staff will arrange a meeting between the School, the Donnelly's, and the City. The decision was postponed to January 22, 2002. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Mayor Ristow welcomed Representative Ozment to the meeting. Representative Ozment stated it was a pleasure to watch grass roots in action. He welcomed Community Development Director Carroll to Farmington. Regarding the train whistles, Council has worked hard to obtain some flexibility from the railroad. A new law was passed to allow communities to establish quiet zones. They are close to establishing guidelines for this new law. He will help in anyway he can to establish quiet zones and still maintain safety. Mayor Ristow stated some engineers have shown some respect. Representative Ozment stated some whistles are activated by computer, rather than by the engineer. The legislative session will start January 29, 2002 and if there are any issues, the City or Council should let him know. He will follow up with the trout stream designation. Councilmember Strachan commented on the property tax changes. The legislature's goal was to make City government finances more transparent with the removal of aid. The City welcomed that and he likes the property tax formula change. The aid to local government continued at a high rate for out-of-state cities, which can be perceived as unfair. He asked that Representative Ozment continue to work on that. Council Minutes (Regular) January 7,2002 Page 10 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:44 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~ 7Y?d&J Cynthia Muller Executive Assistant