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HomeMy WebLinkAbout2006-02-22 CCCITY OF CENTERVILLE CITY COUNCIL MEETING FEBRUARY 22, 2006 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on February 22, 2006, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Lee Council Member Lakso Council Member Paar Council Member Terway ABSENT: None. STAFF: City Attorney Mr. Hoeft City Engineer Mr. Peterson City Administrator Mr. Larson I. CALL TO ORDER Mayor Capra called the February 22, 2006, City Council meeting to order at 6:30 p.m. II. SET AGENDA Council added the following items to the Agenda: Resolution #06-0XX, State Capital Bonding Bill for Funding Associated with the Acquisition of 1601 Lamotte Drive; Resolution #06-0XX, A Resolution Authorizing Condemnation of Private Property for Public Utility and Drainage Easements. Motion by Council Member Paar, seconded by Council Member Lakso to approve the Agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.February 8, 2006 City Council Meeting Minutes Mayor Capra asked that the motion by Lakso to table that failed for lack of second be added between pages two and three. On Page 6 of 11 remove the word unanimously from the motion that passed but was not unanimous. Council Member Lakso requested the following change: On Page 3, clarify in her comments that the City does not generally use general funds for play structures. City of Centerville Council Meeting Minutes February 22, 2006 Motion by Council Member Paar, seconded by Council Member Terway to approve the February 8, 2006 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.City of Centerville February 9, 2006 through February 22, 2006 Claims 2.Centennial Police Department Claims through February 10, 2006 3.Northdale Construction Company, Inc., Pay Estimate #8 - $11,902.61 with Change Order #1 4.Lynn & Associates, Strategic Planning with Council - $4,210 5.Resolution #06-015 – Comprehensive Plan Amendment & Rezoning Properties th Along a Portion of 20 Avenue As Attached Exhibit A Mayor Capra requested that Item 3 be removed for discussion. Motion by Council Member Terway, seconded by Council Member Paar, to approve Consent Agenda Items 1, 2, 4, and 5 as presented. All in favor. Motion carried unanimously. Mayor Capra asked whether the seeding, fertilizing and mulch has been done. Mr. Peterson indicated that most of it has been and there is a small retainage until summer when final site restoration can be completed. Motion by Council Member Lee, seconded by Council Member Lakso to approve Consent Agenda Item 3 as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES None. VI. PUBLIC HEARINGS 1. Outdoor Recreation Grant Application Mayor Capra opened the public hearing at 6:37 p.m. City Administrator Larson explained that the City proposes to make application for grant funds and a requirement of that process is this public hearing. Mayor Capra outlined the grants being requested and the intended use for the funds noting that it is for park and trail improvement and to assist with the cost to purchase the property from the St. Paul Water Utility. Page 2 of 13 City of Centerville Council Meeting Minutes February 22, 2006 Motion by Council Member Terway, seconded by Council Member Lee to close the public hearing. All in favor. Motion carried unanimously. Mayor Capra closed the public hearing at 6:40 p.m. Motion by Council Member Lee, seconded by Council Member Terway to approve Resolution #06-016, A Resolution Approving the Outdoor Recreation Grant Application. All in favor. Motion carried unanimously. VII. NEW BUSINESS 1. Ground Development, Inc. Request for Escrow Return Motion by Council Member Terway, seconded by Council Member Lakso to approve the request for escrow return as recommended by Staff. All in favor. Motion carried unanimously. 2. Resolution #06-016 – Approval of the Outdoor Recreation Grant Application Handled previously. 3. License Agreement with Anoka County – Use of Color Digital Orthophotos Motion by Council Member Lee, seconded by Council Member Paar, to approve the License Agreement with Anoka County for Use of Color Digital Orthophotos. All in favor. Motion carried unanimously. Council Member Lakso asked how recent the photographs would be. City Administrator Larson indicated that there were new photos taken this past summer. 4. Proposed Emergency Interim Ordinance #90 – Temporarily Prohibiting Certain Development in Downtown Centerville – Downtown Redevelopment City Administrator Larson indicated that the Planning and Zoning Commission is working on the details surrounding the redevelopment plan for downtown and the Commission has asked the City to consider instituting a moratorium. Mayor Capra indicated she checked with the school to ask if they are going to be doing construction this summer and they will be doing something that is in line with the plan. Dave Fisher said that he has tried to build a garage since 2001 and he is in the Air Force so he has been busy but prior to that he has talked about building a garage on his property but the zoning on M-1 is confusing and the size was not allowed and it was too frustrating. He then said that he is back and he wants to build a garage and he has a nice sized lot that is 150 x 125 and asked if he will be able to build his garage. Page 3 of 13 City of Centerville Council Meeting Minutes February 22, 2006 City Attorney Hoeft indicated that under the current language of the Ordinance he would not be allowed to build the garage and no exceptions would be allowed for just one property. Mr. Fisher said that he has budgeted to do this during the summer. Council Member Terway explained that the Planning and Zoning Commission has said they intend to be done within three to four months and this would be lifted. Mr. Fisher asked what planned changes would do to his plan for the garage he wants to build. City Attorney Hoeft indicated that the city is working out the details and it may be possible that the garage could not be built based on how the Ordinances are changed. Mayor Capra indicated that she does not want to impede anyone to put on a garage. Mr. Fisher said that he cannot believe that this is needed because there are no applications on file. Council Member Paar indicated that there is a lot of money invested in this project and it is necessary to control development to guarantee that the money was well spent. He then said that it is difficult to please everyone but the City does not want someone to come in and come in under the current requirements to build something that the City does not want to see for the redevelopment area. Mr. Fisher asked for verbiage for a commercial moratorium that would not affect residential property. Mr. Fisher said that he respects the investment on this but he would like the City to respect his property rights and not prevent his right to build a garage. Mayor Capra said that it was not her intention to restrict anyone just to protect the City from development that would not be consistent with the plans for the downtown redevelopment area. Mayor Capra said that normal residences downtown should be able to make improvements to their home and she is more concerned with commercial redevelopment. Mayor Capra said that she understands the reasoning behind this and she did not lie in the beginning but the City did adopt the Redevelopment Guidelines and the Ordinance needs to be amended to allow the City to enforce the Redevelopment Guidelines. Council Member Lakso asked whether a City delay could assist in allowing him to build the garage. Page 4 of 13 City of Centerville Council Meeting Minutes February 22, 2006 City Attorney Hoeft indicated that actions like this affect someone adversely for a temporary amount of time. He then said that the City can wait but is at the mercy of what else comes in during that time. Mayor Capra suggested Larson work with the resident to iron out what would be allowed and the moratorium can be lifted at any time. She then said that she would look to put this in place now but she wants Staff to work with Mr. Fisher to determine what the Ordinances will allow and determine the issue last time on the garage. She further said that she would look at rescinding this to get the garage going. Council Member Paar asked whether Mr. Fisher had a garage. Mr. Fisher indicated that he has a one car garage that his truck does not fit in. Motion by Council Member Terway, seconded by Council Member Lakso, to approve Ordinance #90, an Ordinance Temporarily Prohibiting Certain Development in Downtown Centerville – Downtown Redevelopment. All in favor. Motion carried unanimously. 5. Resolution #06-017 – State Capital Bonding Bill for Funding Associated with the Reconstruction of a Portion of CSAH 14 from Interstate 35E to Interstate 35W Along with the Reconstruction of the Interchange at Interstate 35E City Administrator Larson indicated this confirms the City’s intention to apply for a bonding bill for funding associated with the Reconstruction of a portion of CSAH 14. Motion by Council Member Lee, seconded by Council Member Paar, to approve Resolution #06-017, State Capital Bonding Bill for Funding Associated with the Reconstruction of a Portion of CSAH 14 from Interstate 35E to Interstate 35W Along with the Reconstruction of the Interchange at Interstate 35E. All in favor. Motion carried unanimously. 6. Resolution #06-018 – State Capital Bonding Bill for Funding Associated with the Acquisition of 1601 LaMotte Drive Motion by Council Member Terway, seconded by Council Member Lee, to approve Resolution #06-018, State Capital Bonding Bill for Funding Associated with the Acquisition of 1601 LaMotte Drive. All in favor. Motion carried unanimously. VIII. OLD BUSINESS 1. Resolution #06-0XX – Ice Rink Expansion – Centennial Hockey Association Mayor Capra clarified that the $16,000 is being requested by Centennial Hockey and Anoka County is asking to guarantee 16% of 1,340 ice hours. Page 5 of 13 City of Centerville Council Meeting Minutes February 22, 2006 Mr. Terry Johnson, Finance Manager for Anoka County, addressed the Council and explained that the County is looking to sponsor expansion of hockey through the HRA revenue bonds with the balance of the funding for the project coming from the sale of the Columbia Arena and donations or contributions from partners in the project. Mr. Erickson said he feels that the great point of the project is the financing and it does get confusing with the financing package. Mr. Erickson indicated it does not matter who is asking for the money because all the funds go into the trustee construction account and it ends up being a public recreational asset. Mr. Erickson said that he does not want to take the fact that the Associations are raising money as a negative because the total youth hockey contribution to the first project was zero. Mr. Erickson said that having the Hockey Association raising money is a good thing to save taxpayer dollars. Mr. Erickson mentioned that they have met with all three cities and they have added value. He then explained that there is an agreement to be approved and then outlined the five benefits to the City. The benefits are each Centennial City gets two free hours each year, secondly Lino Lakes suggested that the Park Program can have passes 300 passes giving the City 48 passes per year, park programs not park professionals so said if City’s contribute 100 of 780 that cities could have 12% of hours if want to have own learn to skate program or something like that, all current programs will reserve slots for the Centennial cities giving information for park information. Mr. Erickson indicated that when people enter the arena they will see the City’s name proudly displayed. He also said that they have added values over the 40 year life of the arena for $20,000 in value. Mr. Erickson indicated that if one City acts out of sync it affects the team play of this deal. He then said that the City does not have to worry about setting precedent and having to contribute to other sports as this is a truly unique type of situation. Mr. Erickson indicated that there are reasons and one is that this is a public asset for the community and this request is different because this is a one time contribution not ongoing. Council Member Paar said that the added benefits are a plus but he has been in favor and was not misled on this. He then said that he has gotten 15 emails from residents in favor and two handwritten cards and had no one opposed. Council Member Lee indicated that he has received emails and letters and while he appreciates the comments he does see that some of these opinions are biased because they are from the parents of skaters. He then said that his concern is the 20 year commitment Page 6 of 13 City of Centerville Council Meeting Minutes February 22, 2006 for ice time because the value of the ice time increases each year and he would want a hard and fast number that this payment could possibly become. Mayor Capra indicated that the City did a calculation and the 16% of 1,340 with inflation of 2.5% it is $926,000 if the City had to pay for all of this. Council Member Lee indicated that he is not comfortable agreeing to it. Paul said that the current four rinks operating since 1998 averaged 2,875 hours of ice time and the guarantee is 1340. He then said that the sheet from the City’s Finance Director made an assumption in that it assumed that no hours would be sold for 20 years. He further said that as the professional in charge of running the facility they are the only state facility not receiving state funding. Paul said that he believes the absolute worst case scenario would be 10% of the 1340 hours at the City’s 16%. Paul said that he does not foresee in the 20 years that there would ever be a year that they would get down to the 1340 hours. He then said as a resident and neighbors that he thinks a professional firm like Ehlers and Springsted have said the risk is little or none. Mayor Capra indicated she was initially concerned about the 20 year commitment and she has asked numerous questions of these representatives. Mayor Capra indicated that she is in favor of the ice hours for Anoka County to back the bonds and her concern is she asked how much it costs staff for four months of outside ice it costs about $4,000 so the worst case scenario she justifies that if there were hours out there she could tell future Councils to shut down the outdoor rink and have the indoor rink open. Mayor Capra said she is more comfortable now with the 20 year commitment after her questions have been answered and the 20 year commitment is the key element to move this project forward. She then said that the concern with the $16,000 there are other organizations that have said they want the same for soccer and other sports. She further said she will feel an obligation to donate to others. Council Member Lakso thanked them for the additional information and said she is a little more comfortable than she was. She then said that the 20 year commitment does not seem to be an issue for the future. Council Member Terway said that he feels that this is a good value for the Community and the only question that he has is the 20 year commitment he then assured the Council that ice time has been at a premium for all his years in the Parks and Recreation business. Page 7 of 13 City of Centerville Council Meeting Minutes February 22, 2006 Council Member Terway asked whether the City can appropriate the City’s $16,000 and asked whether that would satisfy the need. He then explained that this would be like some other joint ventures that have been done. Paul indicated the agreement started Centennial wanting 100% of 1340 hours and all three wanted public skating access. He then said that for the $100,000 the cities are purchasing 12% of the rights, which makes it 12% public skating and 88% for hockey. Mayor Capra asked for a legal interpretation of the Resolution and the Agreement. City Attorney Hoeft indicated that the City has the authority to do what is being asked but the Council must make the decision as to whether to do this. He then said that he has not seen an Agreement for review but the Resolution concerns him because it was specific. He further said the City can express support without the specifics because the Agreement is the binding document. Council Member Lee indicated that he has an issue with this because there are going to be other sports organizations that want contributions. Mayor Capra indicated this was not budgeted for this year and so the dollars have to be taken from somewhere and there are no Parks and Recreation funds. Council Member Paar indicated that the Parks and Recreation Commission were in favor of this but they do not have funds because the City is buying the lake property. He then said one of the emails he got was questions on how this benefits those that do not have young children. Council Member Paar thanked Mayor Capra for her diligence in researching this situation. Council Member Paar indicated that this is a low investment for the benefits it can provide. Mr. Steve Dosh, 7095 Cottonwood Court, addressed the Council and said that he has several issues with this because the figures seem nice and he knows many children involved in Centennial Hockey but he has an issue with $16,000 is a lot of money to give to the few children in hockey who are in Centerville. He then suggested using money for a place to change skates at the outdoor rink and perhaps an attendant. Mr. Dosh said that with 48 passes it will take 60 years to get 3,000 passes. He then said that this is very frustrating and there are many areas where youth are involved in different activities and this is a negative comment because this is his money and the City’s money and he does not want this for use because it is not in this City. Ms. Joann Mueller, a resident of Centerville on the Youth Hockey Board who has one child who plays hockey and two (2) that do not and she is in support. She then said that Page 8 of 13 City of Centerville Council Meeting Minutes February 22, 2006 she has a son who works at the Superrink and it provides employment for youth. She further said that this is a very little amount of money to have Centerville’s name on a very, very excellent rink that is not just for hockey players but figure skaters and soccer players too. Council Member Lee divided it by 90 skaters and get 125 per skater so he redid the math and took the $16,000 and divided it out over the 40 year life expectancy of the building and it is $400 per year and the City could not get an attendant for a month for that kind of money. He then said that the $16,000 is not budgeted and he is concerned where it would come from. Council Member Terway said that when you look at the dollar amount being spent over the time frame being spent the City spends a lot more money on other things. He then said that looking at the cost of youth softball and baseball is three months of the year and this is being used to play hockey five (5) or more months out of the year. He further said that he feels that recreation dollars are very important to spend to keep kids out of trouble. Paul said that Lino Lakes had the budget set for 2006 and they allowed them to move it to the 2007 budgeting cycle and that can be done here. Motion by Council Member Terway, seconded by Council Member Lee, for approval of the $16,000 to offset the cost of Centennial Lakes Hockey’s Association’s costs and be the 16% share of the $100,000 being asked for payable in years 2007 and 2008. Ayes – 4, Nays – 1(Capra). Motion carried. Council Member Lee indicated that he wants the funds to come out of the general funds to be given to the Park fund to be used. Motion by Mayor Capra, seconded by Council Member Paar, to approve the commitment of the City of Centerville to its portion of the 1,340 hours at 16% over the course of 20 years based on Anoka County’s requirements. Ayes – 4, Nays – 1(Lakso). Motion carried. Mayor Capra indicated that she is doing this in an effort to support Centennial Youth Hockey not to buy into the National Sports Center. Council Member Lee indicated that the weather plays a large part in this because there have been skate nights that are cancelled due to lack of ice. Mayor Capra said she could not support the $16,000 because she would feel obligated to provide contributions to other organizations. rd 2. Pheasant Marsh 3 Addition – Developer’s Agreement Page 9 of 13 City of Centerville Council Meeting Minutes February 22, 2006 City Administrator Larson indicated that Staff and Ground Development have been negotiating and have come to agreement on the document and Staff is seeking approval. Motion by Council Member Lee, seconded by Council Member Lakso to approve the Development Agreement subject to approval by the City Attorney, and the execution of a Stipulation of Dismissal with Prejudice and approval of the Deed agreement by the City Attorney on the special assessment appeal that is still outstanding. All in favor. Motion carried unanimously. City Attorney Hoeft indicated that all of the issues he had with the document have been resolved. He then said that the approval of the Development Agreement is subject to approval of the City Attorney of the documentation required by the Agreement. Mayor Capra asked if the Development Agreement contains information on cleaning streets. City Attorney Hoeft said it is in the document along with a requirement to monitor the situation st 3. Resolution #06-019 – Calling for Public Hearing, Plans & Specifications – 21 Avenue Backage Road Council Member Lee asked what happens if Lino Lakes does not approve. City Administrator Larson indicated that it would not be finished to the north. City Administrator Larson indicated that appraisals have been done and the City is aware of what easements will be required and what those will cost. City Administrator Larson indicated that the worst case scenario would be that if the lots do not sell in two years the City may have to levy for debt service payments. Council Member Paar asked the TIF timeframe. City Administrator Larson said that a development TIF is 10 years and captures only five years or so of increment after development happens. City Administrator Larson outlined the steps involved in this process and suggested getting the ball rolling on a condemnation resolution so that the attorney can file with the court before the end of the month as there is a bill in the legislature holding up any condemnations after March 1, 2006. Mayor Capra indicated that this backage road would protect access to existing businesses with this road and sell the property to cover some costs. Page 10 of 13 City of Centerville Council Meeting Minutes February 22, 2006 Motion by Council Member Lakso, seconded by Council Member Terway, to approve Resolution #06-019, Calling for a Public Hearing, Plans and Specifications st – 21 Avenue/Backage Road. All in favor. Motion carried unanimously. 4. Consider Execution of Option to Purchase Land Associated with Backage Road Project City Administrator Larson explained the proposed purchase of the 14.5 acres leaving 7.5 acres for resale to cover some costs and the option expires at the end of this week. The Option Price is $650,000 and the appraisal indicated $669,000. Motion by Council Member Terway, seconded by Council Member Paar to exercise the option in the amount of $649,000. All in favor. Motion carried unanimously. City Administrator Larson explained that the funds for the purchase of the lands would be an interfund loan with interest from the Waste Water Treatment Fund to the General fund to be repaid at the time of the land sales. 5. St. Paul Regional Water Services – Purchase Agreement/Option Agreement City Administrator Larson indicated that a grant was applied for to purchase the St. Paul Water Property so the purchase has been broken into two pieces with the first one having a Purchase Agreement for the southerly portion of the property of $179,000 which is 1/3 of the price of the total package. He then explained that the City would exercise an option to buy the second piece of the property by paying $10,000 and there is a Purchase Agreement for the remaining purchase that spells out the terms of the purchase and that amount would be $357,000. He further indicated that there will be language in the document stating that interest would begin accruing from April 1, 2006. City Attorney Hoeft said that he will look at the documents and fine tune them with Staff. City Administrator Larson indicated that there is a proposal to get back the first portion should the City not purchase the property that is listed. Council said that they appreciate the Water Utility working with the City on this. Motion by Council Member Paar, seconded by Council Member Lee, to approve the documents subject to final review of the City Attorney of the Purchase Agreement and option agreements. All in favor. Motion carried unanimously. 6. Legal/Prosecution Services Nothing to report. 7. Condemnation Resolution Page 11 of 13 City of Centerville Council Meeting Minutes February 22, 2006 Mayor Capra indicated that she was asked to support a document before the legislature and she will discuss that with Council at another meeting before she would give her support. Motion by Council Member Lee, seconded by Council Member Lakso, to approve Resolution #06-020, a Resolution Authorizing Condemnation of Private Property for Public Utility and Drainage Easements. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1.City Administrator, Mr. Dallas Larson City Administrator Larson indicated he got a call from the Library Director that they were receiving a proposal from Circle Pines to put the new resource library at the existing site and Circle Pines has said they will provide the site for $1 and there is another site in Lino Lakes being offered for a similar kind of price and she had asked whether Centerville had an option for that kind of proposal. Council agreed that there was nothing that the City could offer at this time. City Administrator Larson indicated that there is information provided on the engineer’s cost estimate for the backage road project and there is an FYI on the engineer’s cost estimate for the utility planning for the CSAH 14 project. City Administrator Larson suggested a work session on what to include in the CSAH 14 project. Motion by Council Member Lee, seconded by Council Member Paar, to approve not to exceed $10,000 for engineering fees for the utility improvements associated with CSAH 14 All in favor. Motion carried unanimously. City Administrator Larson indicated that business cards with Centerville and Council names and pricing was obtained and provided for information. Council Member Terway updated Council on his attendance at the League of Minnesota Cities newly elected officials training. Council Member Lakso asked whether anyone else is going to the meth training. City Administrator Larson indicated that he is looking at having it taped for viewing during business hours. Mayor Capra indicated that the City Clerk suggested having city Staff trained on what to look for outside of resident homes on meth. Page 12 of 13 City of Centerville Council Meeting Minutes February 22, 2006 Council Member Paar said he knows people affected by this and suggested watching what kids are looking at on the internet because at the age of 13 or 14 year old are doing this. Mayor Capra updated Council on the League of Minnesota Cities experienced officials training and felt it was informative especially the advanced financing training. X. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member Lee to adjourn the February 22, 2006 City Council Meeting at 8:55 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 13 of 13