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.
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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?
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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.
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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