HomeMy WebLinkAbout2013-03-27 CC Minutes - Approved
CITY OF CENTERVILLE
CITY COUNCIL MEETING
March 27, 2013
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting of March 27, 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:
Finance Director Mike Jeziorski
City Engineer Mark Statz
Legal Counsel Kurt Glaser
Public Works Director Paul Palzer
I. CALL TO ORDER
Mayor Wilharber called the meeting to order at 6:30 p.m.
II. PUBLIC HEARING(S)
1. 2013 Street Improvement Project
Mayor Wilharber opened the public hearing at 6:31 p.m.
Engineer Statz welcomed everyone to the second public hearing as required by law on the
special assessments associated with the 2013 Street Improvement project. Engineer Statz stated
that following a brief presentation, Legal Counsel would provide direction for resident
comment(s) and/or objections.
Engineer Statz stated that the 2003 Pavement Management Plan precipitated the Council’s
decision to go forward with the timeline for the project. Engineer Statz stated that the project
affects approximately 94 homes and four (4) commercial parcels and encompasses one (1) mile
of roadway. Engineer Statz explained that two (2) separate types of projects are being
considered along with their respective assessments. Engineer Statz explained that the Type I
improvement is a full reconstruction of the roadway, curb, gutter and watermain (Center Street,
Ivy and Sumac Courts). Engineer Statz also stated that the affected roadways would become
narrower, from 35’ to 33’ curb to curb and the type of curbing would be barrier curbing rather
than the existing surmountable curb with this improvement. Engineer Statz also explained that
the Type II improvement was a full bituminous removal and replacement with spot repairs of
curb and gutters (Fox Run, Hayfield Road, Houle Circle and portions of Peterson Trail.
Engineer Statz stated that requirements for rain gardens, infiltration and pond expansions would
not be required with the Type II improvement. However, the Type I improvement would require
City of Centerville
Council Meeting Minutes
March 27, 2013
the more substantial raingarden requirements. Engineer Statz stated that they are willing to work
with residents that will be receiving a raingarden on their property regarding (ability to access
rear yard, recommended plantings if desired and paid for by the homeowner, etc.).
Engineer Statz stated that the elevation of the new roadway would better than the existing
roadway, additional catch basins would be installed and that the City would work with him
regarding the curbing and his existing driveway in attempt to fulfill the City’s need and his
needs.
Engineer Statz stated that it is most economical that a watermain be installed at the same time as
the Type I improvements. This improvement would be outside of this assessment hearing
process, if a property owner chooses to connect to those services in conjunction with this project
it would allow them the ability to take advantage of the assessment process for those services and
utilize the City’s contractor potentially providing a cost savings to them. Engineer Statz stated
that an Assessment Right to Appeal Waiver would need to be granted by the property owner
requesting connection and all associated assessments. Engineer Statz also stated that this
assessment would bring the water service from the right of way into the home. One (1) hose bib
or outside facet would be allowed unless the homeowner desired for the well to be abandoned at
an additional cost. Engineer Statz stated that the contractor is willing to bore the water line
which will provide minimal disturbance to yards versus connection at a later date.
Discussion was had regarding policies currently in place for connection versus future Council’s
desires for possible extension of the connection deadline date.
Finance Director Jeziorski reviewed the assessment, interest rate (4%), length of the assessment
for the Type I (15 years) and Type II (10 years) and bonding amount.
Legal Counsel Glaser stated that resident input would be kept at five (5) minutes, requested that
those that desired to speak come forward to the podium and sign in. Legal Counsel Glaser also
reviewed for residents the procedure for filling objections to the assessments at the meeting and
following the meeting.
Mayor Wilharber opened the floor for resident input/comments. The following persons with
regard to the special assessment project:
Ms. Mary Capra, 1810 Fox Run. Finance Director Jeziorski read a public comment received
from her stating her support for the project and commending Council for their diligence with
continuing the street improvements from 2004.
Mr. Joe Steele, 6926 Center Street, questioned the curbing choice and how it would affect his
newly constructed driveway. Mr. Steele also had concern regarding the amount of water in the
roadway and property owners’ yards.
Mr. Joe Steele, 6926 Sumac Court, requested a total dollar amount for both the street
reconstruction and water connection if assessed to his property. Mr. Steele stated that it
appeared that the low bidder had placed equipment approximately one (1) week ago and felt that
due to the timing of the public hearing this was extremely inappropriate. Mr. Steele stated that
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originally he was told that the curbing would be the same as the existing curbing and now that
has been modified and potentially could cause problems with his new driveway which he was
reassured at the time of installation would not happen. Mr. Steele also stated that the fees for
both the connection inside the home ($879) and permit/inspection ($400) fees were high and that
he desired to complete the hook up himself both the plumbing and installation of the water
meter.
Engineer Statz explained that Mr. Steele could complete the internal connection to water himself
and he would only be responsible for a plumbing permit relating to permits/inspections.
Engineer Statz attempted to reassure Mr. Steele that the curbing will work with his existing
driveway and that the low bidder did move one (1) piece of equipment near the site in an attempt
to forego spring weight restrictions without the City’s knowledge. The contractor was notified
and the equipment was removed within one day’s time. Engineer Statz also stated that Council
had until the first (1) meeting in May to make a decision regarding acceptance of the bids.
Finance Director Jeziorski stated that he could provide Mr. Steele with an estimated amortization
schedule for both improvements. However, the footage for the service line being bored into the
home was an estimate of 65’ @ $50.23/foot and if Mr. Steele’s footage was more or less the
figure would be impacted accordingly.
Mr. Cory Padrnos, 1874 Center Street, stated that he is opposed to the proposed water
improvements but not the street improvements. Mr. Padrnos stated that he feels that the estimate
for the project is in excess along with the large amount of property taxes that he already pays.
Mr. Padrnos stated that he does not feel that the improvements (street or water) improve the
value of his home. Mr. Padrnos stated that he does not desire municipal water, does not want it
and feels that he is being forced to connect against his will when his existing well is operational.
Mr. Brian Hanson, 1950 Center Street, stated that it appeared as though the proposed
assessments were higher on one (1) side of the street than the other, that a rain garden was
proposed to be installed on his property, the effects of the rain garden when his and his
neighbor’s rear yards already have drainage issues and questioned that if he desired to connect to
municipal water in 2021 would he be able to have those fees specially assessed and could he pre-
pay connection fees prior to connection.
Finance Director Jeziorski addressed Mr. Hanson’s questions regarding the assessment and
payments by stating that if Mr. Hanson desired not to hook up at the current time, no payments
could be accepted toward future connection. Director Jeziorski stated that as in the past, Council
has allowed residents the opportunity to connect while other projects are taking place and being
assessed at that time for those connections. Director Jeziorski also stated that the only time for
assessment payoff without incurring interest for an entire year would be if payment was received
prior to November 15 for the upcoming years’ interest or in this instance paid within 30 days of
the adoption of the resolution this evening and until July 1, 2013.
Mr. Joe Steele questioned how the $1,800 water trunk and $6,350 lateral connection fees were
derived and that he felt that in his opinion sealcoating was a better maintenance avenue than mill
and overlay. Council Member Fehrenbacher stated that both of these fees are annually set by
Council. Discussion was had regarding the separate fees and what generally was associated with
them. It was explained by the Engineer that the $1,800 fee was “buying into” or the resident’s
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share of the watertower and the $6,350 fee was for the contractor’s construction costs to install
the watermain in the roadway.
Council Member Paar stated that making these types of decisions are very difficult for Council
Members, with the economic down turn, projects are difficult for the City and residents alike,
sunset dates for connection and future Council decisions, 2004 Pavement Management Plan
adherence, budgeting for future road projects, maintenance and his belief that with the roadway
construction water should be installed at the same time saving funding and potential roadway
repairs due to later installation of water main.
An individual from the audience questioned whether driveways could be reconstructed along
with the roadway by the City’s contractor. Engineer Statz stated that this would be a private
agreement between the resident and the contractor. The City cannot assess for such services.
Engineer Statz explained that the City’s contractor would make every effort in limiting driveway
damage by ensuring if the resident currently had a concrete driveway it would be removed at the
nearest joint and that if the resident had an asphalt driveway only the necessary needed surface
would be disturbed. Pavements would be replaced with like materials (concrete with concrete
and asphalt with asphalt).
Engineer Statz stated that the fees for connection inside the home was a pass through from the
contractor ($879); however, the $400 permits/inspection fee contained the contractor’s fees, City
inspection and City Staff time for gaining access to the basement to determine footage and
proper location of interior piping for the proper service line boring footage rather than the
estimate that had originally been given to homeowners of 65 feet. Engineer Statz stated that
generally three separate appointments are needed to complete this internal work.
Council Member Paar requested that the $400 Permits/Inspection fee be placed on Council’s
next agenda for conversation.
Discussion was had regarding at what point the resident becomes responsible for the water line,
to the curb stop and to the watermain. Attorney Glaser stated that the piping in the home and to
the curb stop and including the curb stop is the homeowner’s responsibility. From the curb stop
to the shutoff valve is the City’s responsibility.
Mr. Cory Padrnos, 1874 Center Street, stated that he felt that the reason why the City is not
assessing all of the costs is that the percentage of benefit to the property would not meet the state
statute guidelines and that is why the City is requesting that the assessments be split and a waiver
of right to appeal is being requested if you desire to connect to the water. Mr. Padrnos again
stated that he was opposed to the water, its mandatory connection date of 2021 and the
associated assessment; however, he was agreeable to the street reconstruction.
Clifford Lutz, 1850 Center Street, stated that generally the assessment is based upon front
footage of a lot and that could be the difference. Mr. Lutz stated that he felt his assessment was
too high and the City did not give him credit for the previous footage that they charged for the
2009 Street Improvement Project due to the fact that his property is located on a corner lot and
he was assessed for all of the footage along Dupre Road and just a portion of Center Street and
the City is trying to reassess him for that same footage along Center Street. Engineer Statz stated
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that Mr. Lutz had been given the 21’ credit from this assessment calculation for the previous
assessment.
Public Works Director Palzer stated that the City looked at numerous programs when discussing
the pavement management plan, understands that residents may feel that their street was
neglected for regular maintenance. However, it was determined by Council that known streets
that needed reconstruction would receive minimal maintenance. It was known since 2003 that
Center Street needed total reconstruction and did not make sense to invest maintenance funding
into it. Mayor Wilharber stated that he was convinced that mill and overlay instead of seal
coating would be more beneficial as a maintenance program for the City. Engineer Statz stated
the MNDot is even looking into mill and overlay instead of seal coating as a maintenance option.
Engineer Statz stated that seal coating is no longer cost effective with the costs of oil and that
sealcoating does not restore the crown in the road for drainage like mill and overlay does.
Council Member Fehrenbacher stated that the City portion of resident property taxes has not
been increased for two (2) years and the City has approximately $300,000 budgeted for the
pavement management plan and he hopes that the budgeting practice and pavement plan
continue for years to come. Council Member King stated that the Council has invested in the
pavement plan so that it can budget road maintenance rather than assess it to property owners.
Mr. Cory Padrnos, 1874 Center Street, again stated that he felt the separation of the road
assessment and watermain assessment was an attempt to get around the state statute.
Attorney Glaser stated that Mr. Padrnos could file an appeal this evening and serve it upon the
Clerk or Council.
Finance Director Jeziorski read written objections Mr. Padrnos’ presented: “The Council has
devised this project to hide $13,000 of the cost outside the assessment and only showing $4,100
for the pavement. This is an act to hide a real tax from the people.”
Engineer Statz questioned whether he had answered everyone’s questions.
Hearing no other comments, Mayor Wilharber closed the public hearing at 7:55 p.m.
III. APPROVAL OF AGENDA
Mayor Wilharber noted that Res. #13-0XX – Adopting Special Assessment on Improvement –
2013 Street Improvement Project was placed before them this evening and that Checks #27888-
27895 w/voided Check #27862 were added.
Council Member Paar, seconded by Council Member Love to approve the Set Agenda as
presented with the above stated amendments. All in favor. Motion passed unanimously.
IV. APPROVAL OF MINUTES
1.March 13, 2013 City Council Meeting Minutes
The Mayor provided Council Members with an opportunity to review the minutes.
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Motion by Council Member King, seconded by Council Member Fehrenbacher, to approve
the minutes of the March 13, 2013 City Council Meeting as presented. All in favor.
Council Member Love abstained. Motion passed.
V. CONSENT AGENDA
1. City of Centerville March 14, 2013 through March 27, 2013 Claims (Check #27860-
27887) & (Check #27888-27895) w/Voided Check #27862
2. Centennial Police Department Claims through March 14, 2013 (Check #9357-9382)
3. Centennial Fire District Claims through March 15, 2013 (Check #5720-5742)
Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve
the Consent Agenda as presented. All in favor. Motion passed unanimously.
VI. AWARDS/PRESENTATIONS/APPEARANCES
Ms. Karen Blaska, Park Planner for Anoka County Parks Department, introduced herself to
Council and stated that as Council is aware the Rice Creek Chain of Lakes Campground has been
undergoing extensive improvements over the last several years. During this re-construction they
encountered issues with a sanitary sewer line, and the close proximity of an existing Centerville
resident’s well to that sewer line in violation of Minnesota Department of Health regulations.
Ms. Blaska stated that the location of the property is 1261 Mound Trail. Ms. Blaska stated that
the well was drilled in 2004 for the new home and the location of the well in error by the well
driller. The sanitary sewer line has been there since 1982 and that there would be some sort of
recourse due to the error. Ms. Blaska stated that the County hopes that they can move on with
their improvements allowing the Campground’s opening in May. In attempt to speed the
process, the County has agreed to provide the resident with City water or a new well, however,
with the existing location of the sanitary sewer line, no new well can be drilled on the property
and the County is willing to drill them a new well on the County property across the street and
pipe it to the home. Ms. Blaska was informed by Council that this was not allowed if City water
is available. Ms. Blaska requested that the City consider extending the City’s existing watermain
along Mound Trail to the affected property owner (1261 Mound Trail) and the County’s
willingness to bare some costs associated with the extension along with connecting the resident
to the watermain at no cost to them.
Engineer Statz stated that bids had been received for the extension to the end of City limits on
Mound Trail with the lowest bidder being Burchsville Construction ($50,092) and tree/stump
removal lowest bidder being Langer Tree Service (4,875) totaling $54,967. Engineer Statz stated
that potentially five (5) Centerville homes could be connected and potentially two (2) more that
are situated in the City of Lino Lakes. Engineer Staz stated that he would estimate engineering,
Staff and contractor fees to be approximately $60,000. Finance Director Jeziorski stated that the
City could recover approximately $25,000 through connection fees from the remaining four (4)
Centerville homes and that Staff suggests that the remainder of the cost be the contribution from
the County.
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Lengthy discussion took place regarding the amount that the County was willing to contribute
($17,000), the City’s expenses, use of taxpayer funding, County’s opening of the campground,
City’s intension not to install watermain at this time without the County’s request, potential for
offsetting County’s connection for Visitor building and the need to continue to work
cooperatively to resolve the issue for the resident. Consensus of the Council was to table this
item until April 10, 2013 allowing time for Staff to negotiate with County Staff a feasible
resolution to the matter.
Mr. John VonDeLinde, Director of Anoka County Parks, provided Council with an update on the
status of the purchase of the Leibel property stating that an environmental study had been
completed, Met Council approved their submitted grant and a closing date has been set. Mr.
VonDeLinde also stated that all requirements of the Joint Powers Agreement will be followed.
VII. OLD BUSINESS
1. None
VIII. NEW BUSINESS
1.Res. #13-012 – Adopting Special Assessments – 2013 Street Improvement Project
Engineer Statz suggested that Council consider whether to adopt the assessment roll to start the
clock on the appeal processes or table for further consideration.
Council Member Fehrenbacher stated that there was only one (1) individual that was not in favor
of the project and that was due to mandatory water connection in 2021 and corresponding
connection fees. Attorney Glaser stated that the resolution before Council this evening is only
for Street Improvement assessments and does not contain watermain assessments. Attorney
Glaser stated that water connection, if chosen by the homeowner at time of watermain
installation, would be a special assessment only if the homeowner requested it and with a signed
Waiver of Right to Appeal.
Motion by Council Member Paar, seconded by Council Member Fehrenbacher, to approve
Res. #13-012 – Adopting Special Assessments – 2013 Street Improvement Project as
presented.
Discussion ensued regarding Council Member King’s opposition to installation of the watermain
and deadline for connection and Council Member Love’s opinion as to the necessity to install
watermain at the same time as the street reconstruction.
Upon vote thereon, all voted in favor except Council Member King opposed. Motion
carried.
2.Res. #13-013 – Accepting Bid & Awarding Contract – Northdale Construction, 2013
Street Improvement Project
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Discussion ensued regarding the difference in the estimates given to residents and the bids
received, how the difference should be handled, how a lower amount may increase connections
and possibility of others subsidizing these connections.
Motion by Council Member Love, seconded by Council Member Paar, to assess the amount
previously given to residents as estimates for on-project water connections/assessments.
Discussion ensued regarding needed clarification of the $400 value placed on permit/inspection
fees and potential for reduction to $55 for inspection purposes.
Council Member Love withdrew his motion.
Motion by Council Member Love, seconded by Council Member Paar, to assess the
previously estimated amounts for water connection ($6,350 lateral connection fee), ($1,800
water trunk fee), ($400 water meter), ($55 permits/inspection), ($875 connection inside
residence rather than bid price of $879) and (footage of service line bored into home will be
multiplied by $25/foot) rather than bid price of $50.23/foot for on-project watermain
connections. For off-project watermain connections, all normal fees will apply and the
contractor bid prices would be passed through to requesting property owners. Council
Members Fehrenbacher opposed. Motion carried.
Motion by Council Member Fehrenbacher, seconded by Council Member Paar to adopt
Res. #13-013 accepting the low bid and awarding a contract for the 2013 Street
Improvement Project to Northdale Construction Company in the amount of $1,533,650.86.
All voted in favor of the motion except Council Member King opposed. Motion carried.
3.Penfield, Inc. Valuation & Proposal – 7261 Main Street Property
Finance Director Jeziorski stated that the City solicited bids and received only one proposal and
that was from Mr. Jeffrey Magdik, Home Detail, Inc. who offered $30,000 for the parcel and
plans to construct a dwelling valued at $400,000.
Finance Director Jeziorski reported that the City had obtained an appraisal from Penfield, Inc.
who valued the parcel between $64,000 to $83,000.
Attorney Glaser stated that the proposal is non-binding and Council could accept, reject or
renegotiate the purchase price with the bidder.
Consensus of Council was to have Staff engage in additional discussions with Mr. Magdik in
attempt to negotiate a higher purchase price and bring any additional information back to
Council for consideration at their next meeting.
4.Mound Trail Watermain Extension
Motion by Council Member Paar, seconded by Council Member Love, to table this item to
the April 10, 2013 regularly scheduled meeting. All in favor. Motion passed unanimously.
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IX. ANNOUNCEMENTS/UPDATES
Mayor Wilharber stated that residents or City Staff had yet to receive confirmation of a
scheduled open house for April 4, 2013 regarding the CSAR21 /Centerville Road construction
project, requested that notice of potential for quorum be posted and confirmation received from
the County.
Public Works Director/Building Official Palzer introduced newly hired Public Works
Technician/Building Inspector, Mr. Daniel Schmitz to Council. Mr. Schmitz stated that he is
eager to fulfill his job duties with the City and looks forward to working with Staff and Council.
X. ADJOURNMENT
Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to adiourn
the regularly scheduled meeting of March 27, 2013 at 8:56 mm. All in favor. Motion
Passed unanimously.
Transcribed by City Staff Member Teresa Bender, City Clerk
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