Council Minutes

COMMITTEE OF THE WHOLE

August 28, 2002 - 5:00 p.m.

The city council met as the Committee of the Whole on Wednesday, August 28, 2002 at 5:00 p.m. in the council chambers in City Hall with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Gershman, Kreun - 4; absent: Council Member Glassheim.

Mayor Brown announced that when addressing the committee to please come forward to use the microphone for the record, tape-recorded but not video taped.

2.1 Project Concept Report for City Project No. 5127 - 32nd Avenue South and Columbia Road
Reconstruction:
a) Intersection of 32nd Avenue South and South 25th Street (Wal-Mart entrance)
b) Intersection of Columbia road and Super One/Wal-Mart entrances
c) Right in to Southtowne Square
d) Miscellaneous_________________________________________________________________
Scott Zainhofsky, project engineer, introduced other staff members: Mike Korman, CPS, Ltd. who is prime consultant on this project: Craig Rasmussen, Howard R. Green Company, sub-consultant to CPS and Mr. Rasmussen is essentially the traffic engineer on the project; Mark Lambrecht, senior project manager for CPS, Ltd.

Mr. Zainhofsky presented a brief overview of the project: The tables submitted in the staff report are the cost estimates for this project, and alternates in bold are the staff recommended alternates and the totals at the bottom of each table are based strictly on the bold faced type alternate; these cost estimates are also based on 8" thick pavement with edge drains along the whole project; since the staff report was written Mr. Grasser recommended that they change that to 9" thick pavement with short stubs tiles near the catch basins so that changes the cost estimates slightly, about 1%. He stated that the cost estimates do not include right of way acquisition costs and that is both the cost of the right of way itself and the negotiation cost that they will incur through our consultant and their sub consultant. He stated they are looking at about 160,000 sq.ft. of R/W if they get actual right of way, are looking at an alternate to get bikeway easements in place of actually getting full right of way to save some costs on that.

COUNCIL MEMBERS CHRISTENSEN AND KERIAN
REPORTED PRESENT

He also noted that the total at the bottoms of Tables 2 and 3 under regional and state dollars is showing a deficit between the budgeted amount and the recommended project of about $800,000, they have talked with DOT staff and they feel the recommended project is a good project and should go forward and feel they can make up the $800,000 difference without too much trouble. He stated the City's 10% is shown on Table 2 and our 10% have a surplus in the amount of money we have budgeted vs. what's actually shown per proposed project.

He noted that the last item re. the cost estimate is that the southwest corner of 32nd Avenue/Columbia Road intersection, there is a lift station in that corner for storm water and the majority of the water that station pumps comes from the right of way of 32nd Avenue, however, that lift station is dramatically undersized but is not part of this project to upgrade that lift station because the DOT doesn't have the funds available to do that at this time, have been talking about a "promise" to do that in a future project, they are unwilling to give us a promise but will evaluate upgrading that lift station at a future time when the City comes in and ask for that project.

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He reviewed the alternates: Table 1 (City Council Decision Points); that these are the actual decisions that the council has final decision on and are on Columbia Road portion of the project:
Alternate 1 is the no-build project;
Alternate 2 is base project and runs from south of 24th Ave. intersection with Columbia Road, along Columbia Road down to south of 36th Avenue, this alternate does include the 3/4 access at Wal-Mart and Super 1 and if decide you want to go forward with this project and do the alternate but don't want the 3/4 access, you simply indicate that is your desire and would prefer to see this 3/4 access go in with the traffic signal at 36th goes in.
Alternate 5 is for intersection of 24th Avenue and that is not recommended at this time for budgetary reasons.
Alternate 8 is watermain replacement that runs from 32nd Avenue parallel to Columbia Road to 34th Avenue, have talked with the public works department about that and they have the money available to do that and feel it should be done as well.
Alternate 9 is the right in access to Southtowne Square and that is one of the items they have scheduled for in-depth discussion later.
Alternate 10 is access from Sam's Club to 36th Avenue.
(Total preliminarily recommended estimate is $3,369,000, for Alts. 2, 8 and 10)

Table 2 (Alternates that NDDoT has control over but Council can make recommendation):
Alternate 1 is a no-build
Alternate 2 is base project - on 32nd Avenue South and runs from 31st Street to 25th Street but not including the intersection of 25th St. or entrance to Wal-Mart.
Alternate 2A is pavement widening option on 32nd, and is the same as Alt. 2 with the exception of the west bound lanes do not get reconstructed that alternate, and no benefit to the City to do that alternate.
Alternate 3 is the 3/4 access at 25th Street and 32nd Avenue.
Alternate 4 (traffic signal at 25th Street) has been disallowed by the DOT, included to show they looked at it as was requested by the focus group.
Alternate 6 was requested by the focus group, that is the left turn lane on the south side of 32nd Avenue at 20th Street, on the south side only because we could only tie the purpose and need for this intersection on the southside and tied to the 3/4 at 25th Street and 32nd Avenue, can't use federal funding on the north side of this intersection at this time.
Alternate 7 is equivalent to Alt. 6 except at 31st Street and is tied to the 3/4 access at Columbia Road, and this Alt. would not be eligible for federal funding at this time if we do not put in the 3/4 access on Columbia Road at Wal-Mart SuperOne entrance.
(Total preliminarily recommended estimate is $5,107,000 for Alts. 2, 3, 6 and 7)

He stated the recommendations they made on these Tables, essentially have a total project estimate, excluding right of way of about $8.5 million.

Council Member Hamerlik asked if 24th Avenue South is included in the project, or south of 24th. Mr. Zainhofsky stated their recommendation is to start south of 24th and go south. Council Member Hamerlik stated that Table 1 says City Council Decision Points and so Columbia Road base project is the City's but Table 2 it says that the Council only has a recommendation but DOT's decision. Mr. Zainhofsky stated the reason for that is that 32nd Avenue is on the regional road system - that from State and Federal this is two projects - Columbia Road is one project, 32nd Avenue another, and city council has control of Columbia Road because it's a city street.


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There was considerable discussion relative to the access to Southtowne Square (although not a
suggested alternative) with council members favoring some type of access (access from Columbia Road or 32nd Avenue South or reconfiguring streets (driveways) off 28th Ave.S. but haven't talked to either Applebees's or Southtowne Sq.)

Mr. Zainhofsky stated their recommendation is not based on funding but on the safety aspects of adding this entrance where one currently does not exist. Mr. Rasmussen stated that the recommendation for the right-in access to Southtowne Square is not a funding issue but one of the key issues was the safety for road users and interaction with vehicles and pedestrians, and as part of this project they are recommending to install dual left turn lanes east-bound on 32nd to turn north on Columbia Road and when install dual left turn lanes but spacing up to the intersection of 28th is quarter mile and feel adequate if people want to change lanes, when you install another driveway you have the possibility for people on inside left turn lane choosing to go into the new access into Southtowne Square and creates a conflict with potential point where crashes occur. He noted that function of Columbia Road is one of your few principal arterials to move traffic over providing access to adjacent land. Mr. Zainhofsky stated that the right turn off 32nd, the DOT has told us they will not do that because they have purchased the access control along 32nd Ave.S. and essentially the property owner would have to purchase the access back and the DOT is not willing to sell it and a right turn off 32nd is not going to happen. He also pointed out that although there are pedestrian crossings with slip ramps, the vast majority of those intersections are controlled by traffic signals and there is a big difference between an intersection controlled by traffic signal and the situation here, that when a vehicle enters this slip ramp their presumption is that they have an unimpeded r/w to enter without any conflicts.

Council Member Hamerlik stated this is so important, but doesn't like for group of people who are not engineers nor traffic people trying to design a system in committee, give ideas and tell them to come back on Monday night.

Dan Mikkelson, managing partner for Southtowne Square and retail developer for over 22 years on this parcel, tried to work with City and with DOT, and would rather have had a public street than an alleyway in their back, don't have a public street to make these changes nor the ability for any corrections around intersections because they don't own that property now; that they are the only quadrant on 32nd Avenue and Columbia Road that doesn't have any special access granted. He stated they are willing to make changes in their design with parking lot or moving signs, etc. and would appreciate working with the City in trying to resolve the situation.

Lee Fingstad, attorney from firm of Moosbrugger, Carter & McDonagh, representing the interests of Sam's Club and Wal-Mart, and has been involved in most of the focus group meetings and they have been adamant in insisting that they want to see a light at 25th Street and 32nd Avenue, they have confluence of goals all coming together, City has funds to improve roadway system and have commercial enterprise trying to improve the enterprise, behind the study is a flaw, that sooner or later if try to develop commerce at the same time try to have a high speed corridor to I-29, people are going behind Target and down 36th to avoid 32nd; and believes Sam's Club and Company were check-mated by the NDDOT, they wrote a long letter included in the report and he has been authorized to say that its almost 99% certainty that they are going to go with planned expansion to turn Wal-Mart into a Super Wal-Mart with the addition of a 16-pump service station in the northeast quadrant of that property - don't know whether Sam's Club or Wal-Mart service station, but in letter stated impact that will happen in that area with service station, will be considerable and short-sighted to think that 32nd Ave.S. is going to be more in demand to access the commerce
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as opposed to trying to get people through as a high-speed corridor; and doesn't think can satisfy two policy goals.

Mr. Zainhofsky stated the NDDOT will not allow a light at that location because it does not meet signal warrants, and signal warrants are a must meet condition in order to install a traffic signal on any road that has to meet the MUTCD requirements, City roads have to meet MUTCD requirements also based on decisions made by previous councils; and no negotiation, they have contacted the DOT and they have said no.

Mr. Rasmussen stated that the approved corridor goals for 32nd Avenue South calls for a minimum access spacing for traffic signals of 1/3 mile, but is higher speed roadway and your goal for Columbia Road is 1/4 mile spacing.

Council Member Kreun stated if we could get into this process of at least meeting with CPS and Howard Green to explore other options that would acceptable to both Southtowne Square businesses and to our engineering department to work out an agreement so that there is accessibility, would that be acceptable to this group to have that as an option in our motion to pass the concept report to move forward; there was a show of hands - not agreeable by majority.

Council Member Kreun asked question re. Wal-Mart and if that would take place on 25th and put gas station in that quadrant, would they have to reconfigure their internal traffic patterns; Mr. Fingstad stated their concern is their study shows there would be an additional 550 cars a day going in and out of there; Mr. Kreun stated warrants would take care of itself and put a stop light, but would also have to reconstruct internally as that is where the bottleneck is, not on 32nd. Mr. Fingstad stated concern is also getting traffic out of there. Council Member Christensen stated that if they are going to expand and put in service station, and suggested that Mr. Fingstad get a letter from Wal-Mart saying they are going to do it, not think they are going to do it and then design it to put a stop light there rather than putting in Alt. 3 only to tear it all out and put in stop light. Mr. Fingstad stated that should that decision be made, Wal-Mart and Sam's would be happy to participate in the cost, and will pass comments on and will have that letter in short order.

Mr. Grasser stated they have different classifications on roadways (local to major arterial streets) and one of the things that changes those classifications is ability to access - local streets have lots of driveways and good access but not worried about flow of traffic and as they move up through the categories when get to major arterial streets (on Columbia and 32nd), the focus turns to being able to provide the access to the community with limited access, part of engineering department's responsibility is to go through and develop the plans on where they think the signals and accesses are going to be in the future and what those impacts may potentially be so that people can plan on that in their business activities and development, etc.; are going to point out the pros and cons as best they can from an engineering standpoint and council has to decide the final balance between technical aspects that staff is bringing and some of the other social economic impacts.

Council Member Gershman stated that if you look at South 20th Street it didn't warrant putting in a right turn lane but at some point it will, and business people need as much done in one season, difficult impact to businesses, and hit only once, really serious. Mr. Grasser stated they recognize that and making some of those decisions later on.

Council Member Kreun asked in item 2.1 b) if the 3/4 intersection is in this concept plan at this time. Mr. Zainhofsky stated that the intersection between SuperOne and Wal-Mart and if choose
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Alt. 2 as it is written will be constructed as 3/4 access; Council Member Kreun asked if it would be appropriate to have an amendment to delay that; Mr. Zainhofsky stated they can do that and is within their purview to delay that until a signal goes in at 36th; but if the left turn at 31st Street, the federal funding for this alternate was justified based on the additional traffic that would be generated because of this 3/4 access but didn't check with FHWA to see what postponing it would do, but did say if don't construct the 3/4 access at this time, we could not use federal funding to do the left turn and would infer that they won't let us do the left turn at this time either. Council Member Kreun asked if they would let them know because that is another concern because of access between those two businesses. Mr. Zainhofsky stated from staff's standpoint it would be nice if you told staff you were in favor of that 3/4 access when the signal goes in or something to that effect. Council Member Kreun stated with that amendment he would put that into that motion that it would be installed at the time turn signal would go in at 36th and Columbia. Mr. Zainhofsky stated if they decide to delay this, this is a safety deficient intersection currently with the current crash rates that are there and would not be addressing the safety issues that they have identified in this project concept report by delaying the 3/4 access.

Mr. Zainhofsky stated the concern they have with the short timeline is that they cannon start right of way negotiation until this document is approved, plans are due into DOT by January 17, 2003 and can only go up to 15% of the design until this Project Concept Report is approved, running
into time crunch that is difficult to meet. It was noted special council meeting could be held prior to
committee of the whole meeting.

Council Member Christensen identified issues for additional information:
1) Southtowne right turn lane and alternatives, taking issues and the cost.
2) Diamond by SuperOne and Wal-Mart and how that impacts the left turn lane and stop light on 31st.
3) what do as far as the stop light on 25th, if they are going to expand and see a serious change in the traffic patterns.
4) right turn on 20th, coming from the north, because if mess up intersection with your right turn on 20th going east, clean it up and get right turn on 20th coming from the north.
He stated he's leaning toward approving Alt. 9, which is the right turn slip lane into Southtowne until such time as other alternatives are developed so know the money is there and change that money to fund other alternatives if we can do that - have four to five issues to resolve before make decisions if council agrees.

Mr. Zainhofsky answered one of those questions - the traffic signal at 25th Street and 32nd Avenue or entrance into Wal-Mart, just because you meet warrants does not mean that you have to install a traffic signal, there are other issues - one is overlapping, acceleration and deceleration zones. Mr. Christensen stated they could give those alternatives later. Mr. Zainhofsky stated the difficulty here is that intersection is controlled by the NDDOT and need to follow their procedures, and say that you cannot take into account future development unless a permit has been issued for that development when doing your traffic studies.

Council Member Kerian asked if Alt. 10, issues whether that can be done, would it be done. Mr. Zainhofsky stated Alt. 10 is the access for Sam's Club down to 36th Ave., that is a recommended alternate but is recommended that we do it as a City project rather than doing it as part of this project because all City funds anyway; and acceptable to Wal-Mart to do that but don't view it as a trade-off for the signal at 25th but accepting Alt. 10.

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Mr. Korman brought up several more points about Alt. 9, right of access to Southtowne Square is not eligible for federal funds and with the improvements at 28th Avenue or 25th for signage, etc. and maybe possible where you could approve Alt 9 and add it as a separate project at a later time and would expedite the project concept report process; and if decided between now and when start construction and want to put that slip ramp in, could make some modifications and put that right in access but would not be a State cost or federal cost, City or some other cost.

Brian Halvorson, general manager of SuperOne Foods and represent their store and a lot of the other businesses in the Center and the owner of the Center, that he doesn't know how well every council member has understanding of the entire project and what they are doing in a nutshell is the access between SuperOne and on 32nd Avenue is closing the one between them and Columbia Mall and looking to put a 3/4 access between them and Sam's Club, that they are a regional shop store and with that done, there is no access back to the Interstate without taking right hand turns and heading east or south on Columbia Road and is why they are waiting for the development of 36th Avenue to happen and why they would be more reasonable for the 3/4 access at that point. The other thing he understands is that this is phase construction and as far as the money that is spent so not losing the funding for the 3/4 intersection but come at a later time. Mr. Grasser stated it is a definite maybe, they have had correspondence with the DOT and haven't got into that so don't confuse the issue, it doesn't appear that financially there is going to be a big impact on that
particular intersection if they delay it; you can delay it and no big financial impacts of waiting until they do the traffic signal and won't impact the cost associated with the traffic signal and rather than get into details there really isn't a significant issue with that.

Tom Hagness, 1423 11th Avenue South, and speaking for Spath Development where SuperOne is and the T intersection coming out and making right hand turns, don't create the same problems there until the signal light is developed at 36th Avenue South where have different types of traffic movement than have at Southtowne, and spoke in support of support of Southtowne and in the past the money wasn't available for the median by either the council or the developer, and now that have $8.7 million for a total project, do it right and put that slip in there, they have been landlocked and need that done when the project is done now when doing the complete intersection, and not close T intersection and only make right hand turns between Spath's Development and Wal-Mart, devastating to close businesses.

Mr. Grasser reported that Mr. Zainhofsky will hand out checkmarks that are in the document that they have to provide back to the DOT and wanted to give them to council today, and when get to the point of making motions is to approve the Concept Report and the recommendations from the staff with whatever exceptions the council may want to make to it, or add comments, can do that too; and in reference to what Mr. Hagness stated, could be a recommendation that you would add to Alternate 2.

ADJOURN

It was moved by Council Member Gershman and seconded by Council Member Kreun that we adjourn. Carried 6 votes affirmative.

Respectfully submitted,


Saroj Jerath, Deputy City Auditor