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HomeMy WebLinkAbout2013-02-13 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING February 13, 2013 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of February 13, 2013, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love Council Member Jeff Paar ABSENT: None STAFF: City Administrator Dallas Larson City Engineer Mark Statz Legal Counsel Kurt Glaser Finance Director Mike Jeziorski Public Works Director/Building Official Paul Palzer I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PUBLIC HEARING(S) Mayor Wilharber opened the public hearing at 6:30 p.m. 1.Re-Assessment (Backage Road/Commerce Drive) Attorney Glaser, gave a brief presentation of the history on the assessment for the improvement of the Backage Road/Commerce Drive. Mr. Glaser stated that the Sheehy property was originally special assessed for $379,000 in June of 2009. In November 2010, Sheehy as part of their appeal, claimed a “special benefit” in the amount of $164,000 which they paid the City in December, 2010. February, 2011, the District Court Decision in regards to the “Special Benefit” was not to exceed $241,000. In March, 2012, this was brought to the Court of Appeals Special Benefit which modified the assessment to $249,000. In February, 2013, the reassessment of the special benefit is to take place. Mr. Glaser stated that it was the Court’s Opinion – Finding of Fact – that the special benefit to the Sheehy Property from the Backage Road Project was $249,000. This special benefit of an assessment is “measured by the increase in market value of the land owing to the improvement, market value after the public improvements minus market value before the public improvements and the difference equals Special Benefits.” Mr. Glaser also stated that in the resolution adopting the special assessments in June of 2009 included the interest rate, defined the number of years for payback, explained how to make payments, date for first installment payment, created an Assessment Roll, defined each parcel which benefited from the improvements, identified City of Centerville Council Meeting Minutes February 13, 2013 the owners of each parcel and defined the amount of special benefits received by each parcel. Ms. Kristine Kroenke, Fabyanske, Westra, Hart & Thomson, attorney representing Sheehy Companies, presented and gave a brief overview of their appeal submitted to the City on February 7, 2013. Ms. Kroenke stated that there are three (3) major areas that her client has contention with regarding the reassessment and they are: accrual amount of interest, the time frame when that accrual amount should start, and the dollar amount of the assessment. Ms. Kroenke stated they should not have to pay the interest on the assessment because the assessment was “set aside” which means “it never existed”. She also commented that the accrual of interest should start as of the date of this Council meeting (2-13-2013) when the amendment of the resolution is to be signed not going back to the original date the resolution dated in June, 2009. Mr. Kroenke also felt the amount of the assessment was excessive and the City should pay back Sheehy the $164,000 plus interest because the assessment amount had not been set. They are not asking for the $164,000 back, they are asking for it to be credited toward the assessment. This amount was paid in anticipation of the assessment and they do not want to have to pay interest on this amount going back to December, 2010. City Attorney Glaser stated that Ms. Kroenke is incorrect in how the assessment should be handled. He stated that the court did not set aside the resolution making the original assessment, thus interest can accrue on the amended amount from the original date of the assessment. Motion by Council Member Love, seconded by Fehrenbacher to closed the public hearing at 7:45 p.m. All in favor. Motion passed unanimously. III. APPROVAL OF AGENDA Mayor Wilharber added Centerville Claims (Check #27814-27815) be added to the Consent Agenda. Mayor Wilharber noted that Res. #13-0XX – Adopting Special Assessments (Backage Road/Commerce Drive) had been provided for this evenings meeting, pages 15a through 15f. Under New Business, Item #4 has been added. Proposal for Sewer Cleaning and Televising prior to the 2013 Street Improvement Project Area (page 20a). Council Member Paar added under Announcement and Updates the 2013 Centerville Parade. Motion by Council Member Love, seconded by Council Member King to Approve the Agenda as amended. All in favor. Motion passed unanimously. Page 2 of 6 City of Centerville Council Meeting Minutes February 13, 2013 IV. APPROVAL OF MINUTES 1.January 23, 2013 City Council Meeting Minutes approved with no changes Motion to approve the January 23, 2013 minutes as presented by Council Member Love, seconded by Council Member King. All in favor. Motion passed unanimously. V. CONSENT AGENDA 1. City of Centerville January 24, 2013 through February 13, 2013 Claims (Check #27781-27813) w/Voided Checks 27711 & 27666 added checks (27814-27815) as noted above. 2. Centennial Police Department Claims through January 24, 2013 (Check #9289- 9311) 3. Centennial Fire District Claims through February 1, 2013 (Check #5651-5681) w/Check #5647-5650 Payroll 4. LMCIT Liability Coverage Waiver/Not Waiver Statutory Tort Limits 5. Granting A Leave of Absence to P & Z Commissioner Mr. Matt Montain ~ (Not to Exceed Six Months) w/the Commission’s Support Mr. Larson clarified Item 4 stated that the City is not waiving the statutory cap for liability insurance. Motion by Council Member Fehrenbacher with the added note Mr. Larson stated in regards to the item #4, seconded by Council Member King to approved the Consent Agenda as presented. All in favor. Motion passed unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES 1.None VII. OLD BUSINESS 1. None VIII. NEW BUSINESS 1.Res. #13-009 – Adopting Special Assessments (Backage Road/Commerce Drive) pages 15a through 15f have been added. This resolution amends the assessment roll pursuant to the court order in the amount of $249,000. Mr. Larson stated that the original resolution sets out the dates, terms and when the interest starts accruing. We are not modifying those dates or terms with this resolution only the original amount of the assessment. Mr. Jeziorski, Finance Director, stated that the interest would commence June 10, 2009 to current date. The City would apply Sheehy’s previous pre-payment of $164,000 to that amount. Page 3 of 6 City of Centerville Council Meeting Minutes February 13, 2013 Motion by Council Member Fehrenbacher, seconded by Council Member Paar to adopt Res. #13-009 – Adopting Special Assessments (Backage Road/Commerce Drive) as presented. A discussion ensued and several Council Member request clarification. Attorney Glaser satisfied Council’s requests. All in favor. Motion passed unanimously. 2.Res. #13-010 – Resolution Requesting Funding to Investigate the Feasibility of Collaboration Venture Administrator Larson stated this Resolution requests funding to investigate the feasibility of a collaboration venture which involves six (6) cities to consider the idea of some form of joint operation of utility systems. The expectation of this resolution, if passed, would be requesting funding assistance from the legislature or Met. Council to analyze and determine whether it would be feasible to do with the other communities. Motion by Council Member Fehrenbacher, seconded by Council Member Love to adopt Res. #13-010 – Resolution Requesting Funding to Investigate the Feasibility of Collaboration Venture as presented. All in favor. Motion passed unanimously. 3. Approve Request for Proposal to Sell City Land (7261 Main Street) Administrator Larson reviewed the proposal to sell City land located at the corner of Peltier Lake Drive and Main Street (7261 Main Street) that the City purchased from Anoka County which was surplus land from the CSAH14 road project. This proposal has 2 key elements. First, there is a minimum valuation of a new home to be constructed and second, it needs to be built within 2 years. Anyone willing to meet the conditions may submit a proposal with a cost on what they are willing to pay for the lot. Administrator Larson stated that a deposit is required which would be retained until they secure all of the proper building permits and meet other conditions of the RFP. There was a discussion in regards to the proposal time frame. On the original proposal to submit all the proper paper work was set for March 7. The Mayor suggested that the date be extended to March 15, 2013. Consensus of the Council was to extend the date from March 7 to March 15 to allow addition time for a candidate(s) to complete the proposed process. Motion by Council Member King, seconded by Council Member Paar to approve the Request for Proposal to Sell City Land (7261 Main Street) as amended. All in favor. Motion passed unanimously. Page 4 of 6 City of Centerville Council Meeting Minutes February 13, 2013 4. Proposals for Televising & Cleaning Sewers – 2013 Street Improvement Project Area a. Westco Environmental - $35,152.50 b. Visu-Sewer - $37,371.30 c. Hydro-Vac, Inc. - $27,025.50 i. Hydro-Vac, Inc. - $51,198.00 (Entire System) Administrator Larson stated that it is customary to clean and televise sanitary sewers prior to a street project. If needed, repairs would be completed in conjunction with the project. It was recommended by the Public Works Director that the entire system be cleaned. Administrator Larson also stated that the funding is available and would come from the sanitary sewer enterprise fund. Motion by Council Member Love, seconded by Council Member Paar to approve the low bidder Hydro-Vac, Inc. for Televising and Cleaning of the entire system of the sanitary sewer lines within the 2013 Street Improvement Project area at a cost of $51,198. All in favor. Motion passed unanimously. IX. ANNOUNCEMENTS/UPDATES Administrator Larson stated that the Grant Application (CDBG) for the Royal Meadows installation of water mains has received a staff recommendation for partial funding and it will be soon considered by the Anoka County HRA and then the County Board. Administrator Larson commended Finance Director Jeziorski on his efforts to secure the grant. Council Member Paar reported that neither resident, Mary Capra, or himself would be able to serve as parade coordinators due to time constraints. Council Member Paar stated that he would be willing to assist but cannot be in charge. Administrator Larson recommended to Council to attain the necessary permit for the parade from Anoka County. Council Member Paar commented that his schedule would allow for coordinating the fireworks event. Council Member Fehrenbacher updated Council in regards to the Police Commission meeting. At this meeting, the Ticket Education Program was discussed and how to promote the program. The Board also received the Insurance Liability Wavier which is required every year. Pay equity was discussed and came in favorable. The Police Commission had offered a part-time officer’s position to an individual who accepted. Police Chief Coan’s employment contract was renewed, subject to his annual review. Centennial Lakes Police also adopted a Strategic Plan where all the officers were able to put in their ideas, thoughts and present it to the board. Mayor Wilharber stated that the new chair is Mike Pitchford from Lexington. Council Member Paar reported that the Fire Steering Committee recently met and discussed the Fire Relief Association’s request to increase the benefit from $4,200 to $4,500 per year. This amount was tabled due to other members of the Committee desiring additional information. Page 5 of 6 City of Centerville Council Meeting Minutes February 13, 2013 Council Member King stated that the Parks & Recreation Committee had received a request from Kelly’s to allow the “Shake Your Shamrock 5 & 8K Run/Walk” that would commence and end at Cornerstone Park. Council Member King also stated that this race will likely start at the trail by St. Genevieve’s Church because Cornerstone Park is not set up for that kind of an event. Council Member Love stated that the Planning & Zoning Commission had received a request from Mr. Charles Reinhardt to house chickens on residential property within the City. Council Member Love stated that further research was needed to ascertain whether the surrounding cities of Circle Pines and Lexington desired to allow this by their residents due to the fact that all three cities collaborated and passed a common ordinance. X. ADJOURNMENT Motion by Council Member Love, seconded by Council Member Fehrenbacher to adjourn the meeting of February 13, 2013 at 8:25 p.m. All in favor. Motion passed unanimously. Transcribed by City Staff Member Kris Sweeney, Account Clerk II Page 6 of 6