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HomeMy WebLinkAbout08.21.95 Council Minutes MINUTES COUNCIL MEETING REGULAR AUGUST 21, 1995 1. Mayor Kuchera called the meeting to order at 7:00 P.M.. Members Present: Kuchera, Ristow, Gamer, Galler, Fitch. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. The Mayor led the audience and Council in the Pledge of Allegiance. 3. MOTION by Ristow, second by Gamer to approve the agenda with the following changes: a. Remove item 5d - Sign Ordinance Amendment - from the agenda. b. Remove item 5k - prairie Waterway Change Order - from Consent for general discussion. c. Remove item 51 - Southeast Sanitary Sewer Completion Date Extension - from Consent for general discussion. d. Remove item 5n - Half Page in Independent for City News - from Consent for general discussion. e. Remove item 5a - Approve Minutes of August 7, 1995 - from Consent for discussion. f. Remove item 50 - Spruce Street Access/Budget Mart Utilities - from Consent for general discussion. g. Remove item 5i - Public Works Lease Agreement Renewal - from Consent for general discussion. h. Add discussion of Bud Lehr and Dairy Queen screening issue. i. Remove item 5h - Swimming Pool Repairs - from Consent for general discussion. j. Remove item 5j - "No Parking" Resolution - from Consent for general discussion. APIF, MOTION CARRIED. 4. Citizen Comment Bill Terpening: Thanked Councilmembers Gamer and Ristow and Engineer Kaldunski for their help in getting the curb and gutter replaced in pine Knoll. Kevin Cook: Easement on his property for drainage (Akin Park Second). Would like problem resolved. Engineer Kaldunski indicated that the problem was almost resolved and the City has surety to remedy the situation. 5. Consent Agenda MOTION by Ristow, second by Gamer to approve the Consent Agenda as follows: a. Adopt RESOLUTION NO. R91-95 supporting the alignment of CSAH #46 through the University of Minnesota property. b. Approve a request to appoint Daniel P. Kennedy as a volunteer firefighter. c. Approve School/Conference Request - Fire Department. d. Approve Capital Outlay Request - Fire Department - Tripods, Ropes, Rappelling Equipment - $2,299.50. e. Approve School/Conference Request - Fire Department - On Scene Arson Investigation Council Minutes - 8/21/95 - Page 2 f. Approve Easement Agreement - Tom and Catherine Gunderson. g. Receive City Reorganization Update. APIF, MOTION CARRIED. 6. August 7, 1995 Council Minutes MOTION by Ris~ow, second by Kuchera to approve the August 7, 1995 minutes with the addition in Paragraph 19c - "MOTION by Fitch, second by Galler to adopt RESOLUTION NO. R90-95 accepting the bids for Project 95-2 - Spruce Street Access. APIF, MOTION CARRIED" APIF, MOTION CARRIED. 7. Swimming Pool Repairs (Memo - 8/15/95) MOTION by Fitch, second by Gamer to approve the concept for swimming pool repairs as outlined in the Parks and Recreation Director's memo with the clarification that there is approximately $11,000 remaining in the budget. APIF, MOTION CARRIED. 8. Public Works Building Lease Renewal (Memo - 8/11/95) Questions were raised regarding the need for the building space due to the cutback in Solid Waste vehicles. MOTION by Ristow, second by Galler to approve the lease renewal. APIF, MOTION CARRIED. 9. No Parking on Portion of County Road 50 It was clarified that the no parking restrictions extend beyond the 4 way stop to the City limits. MOTION by Fitch, second by Ristow to adopt RESOLUTION NO. R92-95 requesting Dakota County install "No Parking" signs as noted above. APIF, MOTION CARRIED. 10. prairie Waterway Change Order #4 MOTION by Galler, second by Fitch to approve Change Order #4 to Project 93-14 - Southeast Storm Sewer (Prairie Waterway). VOTING FOR: Gamer, Kuchera, Galler, Fitch. ABSTAIN: Ristow. MOTION CARRIED. 11. Southeast Sanitary Sewer Project Completion Date MOTION by Galler, second by Fitch to approve the extension of the project completion date for the Southeast Sanitary Sewer (Project 93-15) until September 30, 1995. VOTING FOR: Kuchera, Galler, Fitch, Gamer. ABSTAIN: Ristow. MOTION CARRIED. 12. Assessments for Project 95-2 - Spruce Street Access/Budget Mart Utilities Administrator Thompson clarified that the Council had accepted the bids but did not make the award at the last Council meeting. Administrator Thompson noted that the City's original share was $14,000 and the assessment roll estimated it to be $43,000 and that would have to be reconciled in the assessment roll. MOTION by Kuchera, second by Ristow to adopt RESOLUTION NO. R93-95 declaring costs to be assessed, Council Minutes - 8/21/95 - Page 3 ordering preparation of preliminary assessment roll.. APIF, MOTION CARRIED. MOTION by Galler, second by Gamer to adopt RESOLUTION NO. R94-95 accepting preliminary assessment roll, and setting a public hearing for September 5, 1995. APIF, MOTION CARRIED. MOTION by Galler, second by Gamer to authorize the contractor to begin work. APIF, MOTION CARRIED. 13. Payment of the Bills MOTION by Ristow, second by Galler to approve the bills as submitted with the elimination of the Balmori Bill and Councilmember abstained on the Terry Mitchell billing. APIF, MOTION CARRIED. 14. Request from Kelly Larson - Pilot Knob Road Extension Administrator Thompson and Engineer Kaldunski gave a brief background on the subject noting that the project was only in the design phase and the County was receiving public comment. The following comments/questions were raised: em. Fitch: Would you explain the comment from the County Engineer that the cost of upgrading County 31 would be "severe". Eng. Kaldunski: He was referring to the existing alignment. Cm. Fitch: I have safety concerns regarding the road going from four lane to two lane to four lane and then back to two lane. There should be some traffic controls. Eng. Kaldunski: The stretch of two lane is in Lakeville. That portion is being delayed because Lakeville is not sure of the final grades of 160th Street. Mike Kiser: will it be four lane from 190th Street to County Road 50? Eng. Kaldunski: We aren't sure how many lanes will be between 190th and 195th Streets. It will be 2 lanes from 195th Street to County Road 50. to have to construct a speed limit be? Are you planning on control structures? You are going to have safety problems with the park. The School is going fence. Does the traffic warrant four lanes? What will the Mike Kiser: Eng. Kaldunski: All of thes~ questions are being considered during the review proce~s. I would expect the speed limit to be 45- 50 miles per hour. Brian Larson: I am concerned with the location of the school and all of the kids in the neighborhood. Kelly Larson: We were never told about a four lane road and the County is not sure how they are going to deal with the pipeline. Eng. Kaldunski: Again, it is not certain if the road will be two or four lanes between 190th and 195th Street. :;F:-~':~ ;:~. :':.~.-'0",:i..~ Council Minutes - 8/21/95 - Page 4 Barry Larson: The County should install sound barriers. Eng. Kaldunski: The concern was definitely mentioned at the public meeting. John Tucker: The City only showed two lanes on its plats. When I call, the City blames the County and the County blames the City. Adm. Thompson: I am not certain where that information came from since the City does not identify the number of lanes on a plat. several discussions with the County and no one is blaming presently under review. Also, the City has had anyone. The project is Art Lindsley: I understand that you are building it four lane so you can get federal dollars. Also, I have a concern with children walking to school. Eng. Kaldunski: There are no federal dollars. walkways on the map.) (Identified planned Stephanie Ritter: I was told by the developer that the road would only be two lanes. em. Ristow: Why is four lane being proposed? Adm. Thompson: The ultimate design will be based on traffic counts and projections. Eng. Ka1dunski: All of the City's MSA plans and design needs have been based on a four lane. Stephanie Ritter: When will the four lane /two lane issue be decided? Eng. Kaldunski: County staff will be at the September 5th Council meeting to discuss it. Stephanie Ritter: The developer just planted new trees and now they will have to be torn out. Eng. Ka1dunski: The developer knew about the plans for the road. Craig Stibbe: I checked with the County when I bought my house on Akin Road and they told me of the plans for the new alignment. That's why I bought my house. Also, if you build a two lane road when a four lane is needed, you are going to have a more dangerous situation. Just look at Akin Road today. Ed U1vi: Akin Road is dangerous. Someone is going to get killed if its not straightened out. Barry Larson: The alignment is not the issue; it's the two lane/four lane. Why were the plats approved without sufficient right of way. Eng. Kaldunski: All plats were reviewed and approved by the County, including the right of way. Council Minutes - 8/21/95 - Page 5 Barry Larson: Look around the County and you will never see a house forty or fifty feet from a four lane road. You are going to take out my yard. Will I be compensated for damages? Eng. Ka1dunski: I would suggest that you talk to Leslie Vermillion at the County. I can't answer those questions. Barry Larson: I was told the County can't afford to buy any houses. Terry Rustad: I measured corner to corner and you only have eighty feet. and show you the correct foot right of way as his The plat would be alignment. property. and the surveys show one hundred twenty feet. I glad to meet with you at 4:30 tomorrow afternoon My guess is your neighbor considers the forty Eng. Kaldunski: Kelly Larson: The County shows eighty feet on our side and forty feet on our neighbor's. How much of their forty feet is within the eighty feet? Eng. Kaldunski: None. Terry Rustad: I've been told this is a four million dollar project. Who is going to pay for it? Eng. Kaldunski: It is actually an eight million dollar project between Apple Valley, Lakeville and Farmington. Farmington will the cost within the City limits (street construction pay forty five percent of only) . Terry Rustad: Where does the road stop? Eng. Kaldunski: For now it is County Road 50. In the future it will connect with Ash Street at Denmark Avenue. Terry Rustad: When you improve the road, people south of 190th Street are going to use it. Eng. Kaldunski: That's correct, but other east/west roads are planned in the future to relieve some of the congestion. road, then for the fence all along County 31 so we My biggest concern is get the "double dip" for the school. Also, know how much traffic the school. Taxpayers are going to treatment. First we pay for the I would like to have counters placed is coming out of Farmington. Terry Rustad: em. Fitch: The County has very good traffic counts all along #31. Art Lindsley: Why didn't you tell everyone it was going to be four lanes? Why didn't you tell us the cornfield by our houses was going to be five hundred homes? em. Galler: can't (Went over the history of the area development.) We tell the buyer because we don't know who they are. Art Lindsley: Are you saying the developer lied? Council Minutes - 8/21/95 - Page 6 em. Galler: I wouldn't say that because I don't know. If they misled you, they are in violation of Chapter 82. Art Lindsley: When is 195th Street going to be built to Highway 3? I was told it couldn't be built because the City is a million dollars in debt. Who is going to pay for that? em. Galler: It will be built from road and bridge and MSA funds. There is no shortfall. The delay is due to the railroad crossing. It is still planned to be built. I would recommend engineering stake the alignment so people can get a better feel of what is planned. Eng. Kaldunski: I will be out on the site at 4:30 tomorrow afternoon to meet with property owners. John Tucker: Who makes the ultimate decision? Adm. Thompson: It is a County project but, realistically, either the City Councilor County Board could stop it. John Tucker: I was told the road is being moved to accommodate a councilmember. em. Galler: That would be me. The road was planned in 1980. I moved here in 1984. Kelly Larson: I was told by the State that the City can stop the project whenever they wish. On my certificate of survey, it says Essex Avenue. How would we know it would be Pilot Knob? Adm. Thompson: The County named it Essex Avenue based on their policy. Due to the confusion, the City requested the County change the name to Pilot Knob. Sue Courteau: How are kids going to get across the road? We need more traffic lights. em. Galler: We tried to lower the speed limit, but were not successful. I would not want anyone to leave with the impression that the speed limit will be lowered. (Engineer Kaldunski noted proposed traffic light locations.) Sue Courteau: What does the City have to gain by building the road? More people will leave the City to shop. The Chamber of Commerce doesn't even know about it. em. Galler: The City will gain a safer road. The Chamber is aware of the project. Art Lindsley: If it wasn't for the four lane stretch between 190th and 193rd Street, there wouldn't be a problem. em. Galler: If we changed your section to two lanes, then the people north of you would want two lanes. We have to plan for the needs twenty years from now. Brad Moen: Will the road connect to County Road 50 west of FEI? ,'-_-.'\.J::~T':""--~< - ,. 4....,. =":" -:o'~" . , .... .." '~-'"" . Council Minutes - B/21/Y5 - Page I Eng. Kaldunski: Yes. em. Galler: It may be moved further west to accommodate future commercial. Craig Stibbe: Is there a possibility Akin Road will be upgraded instead? em. Fitch: Based on the Engineer's comments, it is doubtful. Traffic will continue to grow and grow which poses a We have to do what is in the best interest of all of Farmington's safety problem. citizens. (A discussion ensued regarding road causing development or development causing the need for roads. The Council noted there was little they could do to stop development. ) Sue Miller: When I bought my house on Akin Road, I checked with the City and was told of the plans for realignment. Traffic has increased significantly. It takes ten minutes to get on the road in the morning. There are kids using the shoulders for bking and rollerblading. The Police try to control speeding, but cars continue to speed. A child was already killed. Don't delay this project. How will you stop people from taking the curve at 190th Street onto Akin Road? Eng. Kaldunski: It will be redesigned as a "T" intersection. Terry Rustad: HI tll(.( Sue 'rl~_ .!ISIl: Pilot Knob doesn't get plowed soon enough. The City may wish to consider pedestrian activated stop lights. Eng. Kaldunski: All comments this evening will be forwarded to the County and County staff will be present on September 5th to answer any questions. Terry Rustad: When will the decision be made? Eng. Kaldunski: I am not sure. Lynn Mitchell: Could you send a mailer? Eng. Kaldunski: That could get expensive given the number of people and planned meetings. It was the consensus that the matter be discussed further with County staff at the September 5, 1995 Council meeting and requested that the Farmington Independent publish a notice of the meeting. 15. Bud LehrjDairy Queen Screening Issue The City Attorney provided an update. The permit for the Dairy Queen required trees, but the City Attorney requested that fence be built. The City cannot prosecute if the owner of the Dairy Queen doesn't comply. The City should wait for a response from Mr. Clemons. The City Council directed the City Attorney request an answer by the next meeting. ~1'::'1\~;7;::.~';-{:'i::~,:-,;;: ~::;r::'~ . -'-'.- . " Council Minutes - 8/21/95 - Page 8 16. Fire Station Expansion (8/11/95 and 8/15/95 memos) Fire Chief Kuchera gave a presentation. Councilmember Fitch would like to meet with the Finance Committee to discuss this project in conjunction with the entire 1996 budget in order to balance all priorities, including the Fire Hall expansion, City Hall expansion and legal fees. A question was raised regarding how the expansion fits into the substation. There was a lengthy discussion regarding future needs of the Fire Department. The matter was tabled pending a recommendation by the Finance Committee and staff researching when the 60 day deadline for accepting bids expires. 17. SE Sanitary Sewer Easement/TH 3 Storm Sewer Branch Easement the next regular meeting. Tabled until 18. Pine Knoll Completion Date Extension Engineer Kaldunski noted that although the contractor had completed the major items, he was not prepared to recommend that the project is complete. Mr. Kaldunski also noted that four claims with private individuals remained unresolved and it appeared the contractor would not settle. The Council directed the Engineer and Attorney to review the contract regarding liquidated damages and to inform the contractor that he should complete the project and settle the claims. 19. Roundtable a. When is the TH 50 bridge going to be started? Not certain because the County has not acquired all of the easements. b. Meeting on August 28th - HRA meeting will follow. c. Chamber of Commerce is requesting the City establish an Economic Development Director. d. Mobile home zoning - possible meeting with Lakeville. Consensus that it should be within School District hands. 20. MOTION by Ristow, second by Gamer to adjourn at 10:00 P.M.. APIF, MOTION CARRIED. Respectfully submitted, Larry Thompson City Administrator Approved