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HomeMy WebLinkAbout2014-01-22 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING January 22, 2014 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of January 22, 2014 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 Public Works Director Palzer I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PUBLIC HEARING(S) 1. None III. APPROVAL OF AGENDA Mayor Wilharber added Centerville Claims (Check #28488-28492) with Voided Check #28491, Item #6. Materials List for 2014 Overlay Project under New Business #6 and move Item #4 to Item #1 under New Business. Motion by Council Member Love , seconded by Council Member Fehrenbacher to approve the agenda with the above stated amendments. All in favor. Motion passed. IV. APPROVAL OF MINUTES 1. January 8, 2014 City Council Meeting Minutes The Mayor provided Council Members with an opportunity to amend the presented minutes and requested that Council Member Fehrenbacher be removed from being in attendance. City of Centerville Council Meeting Minutes January 22, 2014 Motion by Council Member Paar, seconded by Council Member Love to approve the minutes of the January 8, 2014 City Council Meeting with the above stated amendment. All in favor. Motion passed. 2. January 8, 2014 City Council Work Session Meeting Minutes The Mayor provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Paar, seconded by Council Member King to approve the minutes of the January 8, 2014 City Council Work Session Meeting as presented. All in favor. Motion passed. V. CONSENT AGENDA 1. City of Centerville January 9, 2014 through January 23, 2014 Claims (Check #28478- 28487) & (Check #28488 – 28492 w/Voided Check #28491) 2. Centennial Police Department Claims through January 10, 2014 (Check #9732-9752) 3. Centennial Fire District Claims through January 3, 2014 (Check #6174-6194) w/Check #6173 Payroll Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the Consent Agenda as presented. All in favor. Motion passed. VI. AWARDS/PRESENTATIONS/APPEARANCES 1. None. VII. OLD BUSINESS 1. None. VIII. NEW BUSINESS 1. Curt Kobilarcsik, Anoka County Highway Department Engineering Program Manager, introduced himself to Council and briefly reviewed the proposed Joint Powers Agreement. Mr. Kobilarcsik stated that there were three general components to the JPA; improvements, costs and maintenance. Mr. Kobilarcsik reviewed the improvements (mill and overlay; right turn lane for southbound CSAH21 to westbound CSAH21; add right and left turn lanes for northbound and southbound CSAH21 to Dupre Road; add right turn lane for northbound CSAH 21 to eastbound Center Street; add right turn lane for northbound CSAH21 to eastbound Center Street; right and left turn lanes for northbound and southbound CSAH21 to Meadow Lane/Church Entrance; right turn lane for northbound CSAH 21 to eastbound (Chauncey Barett Gardens road); right turn lanes for northbound and southbound CSAH21 at Heritage Street and maintain Sorel Street roadway width. Page 2 of 6 City of Centerville Council Meeting Minutes January 22, 2014 Mr. Kobilarcsik explained the costs associated with the proposed storm sewer and lowering of the Met. Council sanitary crossing at Heritage Street would be distributed among the two entities 25% County and 75% City, sidewalk/bike path 100% City, curb and gutter 50% County and 50% City, construction of new or adjusted utilities 100% City, traffic signals without state aid and street lights 100% Ctiy responsibility. Mr. Kobilarcsik then reviewed the maintenance responsibilities associated with the project by stating the City would be responsible for the completed storm sewer except for catch basins, catch basin leads and flared ends/aprons and detention basins including ponds and their outlet structures and grit chambers/collectors, maintenance of sidewalks/bike path, including snow plowing and all other long term maintenance; crosswalk pavement markings on City streets and streetlights and cost of electrical power to those same lights. Mr. Kobilarcsik stated that the City’s total estimated cost would be $561,857 including engineering costs with the County’s total estimated cost at $2,213.157. Mr. Kobilarcsik explained that the agreement contained language for payment that 95% of the City portion of estimated costs ($533,764) would be payable upon awarding the contract. However, the County will update costs to reflect the actual bid prices as awarded. Mr. Kobilarcsik also stated that upon completion of the project adjustments if necessary would be made against the previously paid 95% and the remainder owing would be payable upon completion of the project. Council desired for additional/corrected language to be contained in the agreement: remove “60% Engineer’s Estimate of Probable Construction Costs” from pages 30-31; add flared ends/aprons on Page 6, Maintenance, A. and correct language on Page 2 Drainage, second paragraph cost shared at “75% City, 25% County” rather than 90% City, 10% County. Council Member Love questioned whether the City would benefit for sales tax savings on goods contained in the project and Mr. Kobilarcsik concurred. Additional discussion took place regarding right-of-way acquisition, construction commencement, coordination with Met. Council regarding buses and construction on roadway, notification of locates/right-of-way to residents, optional payment plan due to anticipated half construction completion in 2014 and half completion in 2015, and Staff’s acceptance of the agreement. Administrator Larson asked if Anoka County could consider a different schedule for receiving the city cost share, given that the project is now predicted to run two construction seasons. Motion by Council Member Love, seconded by Council Member Fehrenbacher to approved the submitted Joint Powers Agreement for Reconstruction of CSAH21 from CSAH34 to CSAH14 with the above stated amendments. Council Member King Opposed. Motion passed. 2. Agreement for Residential Recycling Program – Anoka County/City of Centerville Administrator Larson stated that this is an annual agreement setting SCORE funding for the year with additional funding included for offering additional recycling efforts. Motion by Council Member Paar, seconded by Council Member King to approve the Agreement for Residential Recycling Program as presented. All in favor. Motion passed. Page 3 of 6 City of Centerville Council Meeting Minutes January 22, 2014 3. Consider Amendment to Joint Powers Agreement for Centennial Fire District Considerable discussion was had regarding proposed language that was satisfying to all three cities of the Fire District; however, the City of Lino Lakes has been reluctant to agree with all submitted proposals except their original proposal and the one presented this evening: “Notwithstanding a majority vote for passage of a motion, where two members from any one city vote against the motion, the motion fails. Such vote will constitute a veto for that City. A motion to reconsider the issue shall not occur until at least 12 months has passed from the date of the veto. The chair in their sole discretion shall determine if a new proposal is the same issue that has already been vetoed; therefore, a motion to reconsider is prohibited unless one member of the city who voted against the motion asks for the vote to be reconsidered.” Consensus of the Council was that the proposed language that has been submitted by Lino Lakes and the Fire District Steering Committee should not give one person sole discretion, is not in the best interest of residents or the district due to the fact that the district was created close to 29 years ago and there has been one occasion where there has been a split vote where this veto language would have applied, in the last 10 years. Council believes that the City of Lino Lakes foresees a vision that is different from the District’s and they desire to branch out on their own. Consensus of the Council was that if the City of Lino Lakes withdrew from the District, costs would increase to the remaining cities but the District would remain intact and thrive. Discussion ensued regarding the processes of withdrawal by the City of Lino Lakes, length of time for distribution of assets and the Districts continued continuity. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to reject the amendment to the Joint Powers Agreement for Centennial Fire District as presented. Lengthy discussion was had regarding the repeated attempts that have been made to satisfy the City of Lino Lakes without giving up the best interest of the residents, cities or providing loop- holes for stalemates at the District level when there have not be problems in the past. All in favor. Motion passed. Staff presented Council with a statement letter of the City of Centerville’s position on the proposed amendment and amendments that have been brought forward by the Fire Steering Committee. Several modifications were suggested prior to forwarding to the Cities of Circle Pines and Lino Lakes. Motion by Council Member Love, seconded by Council Member King to adopt the statement as modified and forward it to the Cities of Circle Pines and Lino Lakes. All in favor. Motion passed. 4. Consider Regulation of E-Cigarettes Attorney Glaser stated that there was no definitive proof that e-cigarettes contain cancer causing agents, however, they have a negative impact on minors. Attorney Glaser stated that some of the Page 4 of 6 City of Centerville Council Meeting Minutes January 22, 2014 e-cigarettes do contain nicotine and some are just flavored vapor. Attorney Glaser also stated that the legislature will be looking at regulations in the 2014 session, however, the member cities may want to consider restricting sales and usage of these devices by minors. Ms. Vicki Byrne, Kelly’s Korner, stated that only once has she seen individuals utilize these types of devices within the establishment and it has not caused a problem. Consensus of Council was to ascertain whether Circle Pines and Lexington also desired to place restrictions on the use and sales of such items. 5. Res. #14-005– Authorizing Proceeds from Land Sales to Debt Service Fund Administrator Larson stated that previously discussion has taken place regarding the Backage/Commerce Drive bond payment and funding sources due to the economic down turn. Administrator Larson stated that also as previously discussed, the 2013 fund balance is expected to grow due to lower than expected expenses. Staff is recommending that the proceeds from the sale of all City owned available property be designated to this Debt Service Fund. Discussion ensued regarding the continued economic down turn and potential for needing to increase the levy to meet the obligation or refund the bond. Motion by Council Member King, seconded by Council Member Fehrenbacher to approve the Res. #14-005 – Authorizing Proceeds from Land Sales to Debt Service Fund as presented. All in favor. Motion passed. 6. 2014 Street Overlay Project - Material Bid Results Engineer Statz stated that the City received four (4) bids from three (3) separate vendors and that one (1) vendor submitted two bids for their different sources of product or plants. Engineer Statz felt that the numbers were slightly lower than anticipated. Engineer Statz also stated that the City would be receiving labor bids in the beginning of February. Legal Counsel stated that bidding laws allow for the City to accept or reject any bid and the City may choose to deny either one of the two bids from the same vendor if they chose. Engineer Statz stated that one of the reasons he draw Council’s attention to the matter was so that it appeared that the vendor was submitting the bids in good faith and nothing deceitful was happening. Additional discussion ensued regarding splitting the bid (materials and labor) to take advantage of the municipal sales tax savings. It appears that the second lowest bid is most favorable, due the proximity of the asphalt plant, and that the hauling costs would more than offset the difference between the lowest and second lowest bid. IX. ANNOUNCEMENTS/UPDATES Administrator Larson suggested a Council Work Session be scheduled for the first meeting in February to discuss recruitment for an Assistant City Administrator pending his retirement and inviting a consulting firm for an interview. Council consensus was to schedule the work session. Page 5 of 6 City of Centerville Council Meeting Minutes January 22, 2014 Legal Counsel Glaser reported that programs similar to the Ticket Education Program have come under scrutiny recently with Wabasha County being in the forefront. Legal Counsel Glaser stated that their program is run differently as tickets by-pass the courts where ours do not. Legal Counsel Glaser stated that he felt that the legislature would be addressing such programs, but if Council felt that the program should be ceased they could do so. Council Member Paar suggested Council’s participation in the Pledge of Allegiance at the beginning of the meeting. Consensus of the Council was that the practice would begin with their next regularly scheduled meeting. Mayor Wilharber reviewed upcoming events and stated that Parks & Recreation Committee’s January Skate Night was well attended. X. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member King to Adjourn the Regularly Scheduled Council meeting of January 22, 2014 at 8:25 p.m. All in favor. Motion passed. Transcribed by City Staff Member Teresa Bender, City Clerk Page 6 of 6