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HomeMy WebLinkAbout2014-03-12 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING March 12, 2014 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of March 12, 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. PLEDGE OF ALLEGIANCE III. PUBLIC HEARING(S) The Mayor opened the public hearing on the Proposed Improvements at 6:32 p.m. 1. Proposed Improvements ~ 2014 Mill & Overlay Project Engineer Statz reviewed the Street Maintenance Plan/Schedule for the next three years, reviewed the process of the two hearings; ordering the project and considering special assessments (6:45 p.m.). Engineer Statz stated that in the past the City has maintained the roadways with a sealcoating consisting of oil and rock/gravel topcoat, however, several studies have shown that this may not be the best practice but a mill and thin overlay being more affective, cost effective and efficient. Engineer Statz explained that the milling will take place near the curb line extending 6’ into the roadway and a 1 inch asphalt overlay will be placed on the entire roadway allowing a crown in the center to disburse rainwater to the gutters and storm sewers. Engineer Statz also explained that slight dips will be filled and only major curb disturbances will be repaired. Engineer Statz stated that Council will determine whether the project will be ordered this evening. City of Centerville Council Meeting Minutes March 12, 2014 Administrator Larson stated that residents will not experience the tracking of oil and rock/gravel as in is the case with seal coating and that the work will have a life expectancy of 12 to 15 years. Discussion ensued regarding benefiting property owners (181) for 2014, approximately 150 for 2015 and approximately 130 for 2016, tax levy increase versus assessments, budgeting, future actions of Council, bonding pitfalls and delaying projected areas which could result in total reconstruction requiring rain gardens and loss of property owners use of their yards. Mr. Don Moe, 7040 Brian Court, questioned whether property taxes should cover routine maintenance, other municipalities’ procedures (special assessments/property taxes), authority of decision making regarding the project and the presented maintenance plan. Administrator Larson stated that staff determined roadways that needed priority attention due to age, wear and tear and current condition, other local municipalities also assess for similar projects through the 429 process. Council Member Paar stated that the City is incurring the majority of the costs associated with this project which is funded by tax dollars. Council Member Love stated that at some point all streets will be receiving similar improvements and that he would prefer that residents are assessed a small amount rather than increasing the tax levy or total reconstruction of roadways. Engineer Statz stated that there would be an additional hearing for the Special Assessment portion of the project which is scheduled for 6:45 p.m. where discussion/input would be received regarding the assessment of benefit and value of the project relating to adjoining properties. Ms. Ladine Kruger, 7368 Old Mill Road, questioned the life expectance of seal coating versus the proposed mill and overlay procedure, and whether the proposed assessment amount of $500 could be increased once the project commenced. Engineer Statz stated that with seal coating its life expectancy would be 5 to 7 years and with a thin overlay it would be 12 to 15 years. Engineer Statz also stated that the project has been kept to a minimum of routine maintenance which will in turn limit associated cots. Administrator Larson explained that once the resolution is adopted by Council adopting the assessments, language is contained to govern interest rate, length of the assessment and the amount it can only be decreased not increased without first holding another public hearing. Mr. Brian Nelson, 1747 Meadow Lane, questioned the timing of the project due to potential for increased traffic associated with the reconstruction of Centerville Road. Mr. Nelson felt that the project was needed but had major concern regarding the timing. Engineer Statz felt that there was a potential for added traffic but stated that weight limits are placed on roadways and that traffic needed to adhere to those requirements or face possible legal ramifications and that Anoka County would notify its contractors of allowed construction routes. Engineer Statz stated that traffic would be limited to only local traffic and that the County would phase the reconstruction between Birch Street and Dupre Road and the Dupre Road to Sorel. Page 2 of 8 City of Centerville Council Meeting Minutes March 12, 2014 Mr. Charles Reinhardt, 1723 Meadow Lane, stated that he too had concerns regarding the additional traffic and the speed of those attempting to by-pass construction. Mr. Bill Kujala, 7341 Deer Paas Drive, stated that not one person within his cul de sac desired the work to be completed due to the fact there was nothing wrong with the current roadway, it was a cul de sac, did not have through traffic and presented Council with a signed petition of 12 property owners of 14 parcels abutting Deer Pass Drive. rd Mr. Mike Garceau, 1871 – 73 Street, stated that he felt that the street in front of his home was in good shape, did not need any maintenance and did not understand how maintaining the roadway would increase the value of his home. Mr. Dave Luke, 7026 Brian Court, also stated that he resided on a cul de sac that has limited traffic, maintenance at this time was not needed and felt that within 3-4 years a new road would need to be constructed anyway due to the poor soils. Ms. Jodi West, 1825 Revoir Street, stated that the roadway in front of her home does not show signs of deterioration, confusion over the City’s roadway maintenance budget, concern for full reconstruction in the future and the Council’s long range budget planning for future projects. After everyone who wished to do so had been given an opportunity to speak, a motion was made by Council Member Fehrenbacher, seconded by Council Member King to close the public hearing at 7:05 p.m. All in favor. Motion carried. The Mayor opened the public hearing on the Proposed Assessments at 7:06 p.m. 2. Proposed Assessments ~ 2014 Mill & Overlay Project Engineer Statz stated that this was the second of two hearings held this evening with this hearing focusing on the proposed amount of assessments and whether the value of the improvement falls within the guidelines of the 429 process. Legal Counsel Glaser stated that the cost of the improvement may be assessed upon property benefited by the improvement, based upon the benefits received and he believes that the City is well within the perimeters. Mayor Wilharber stated that the Council is proposing $500 per benefiting properties. Mr. Kujala questioned whether he would also be paying more in property taxes due to the added improvement and questioned the process for the assessments. Administrator Larson stated that valuations are unlikely to increase because of this work but rather would not increase until the sales prices in his neighborhood justify an increase. Engineer Statz stated that Council would be determining whether to assess benefiting property owners, determining interest rate and length of the assessment. Page 3 of 8 City of Centerville Council Meeting Minutes March 12, 2014 After everyone who wished to do so had been given an opportunity to speak, a motion was made by Council Member Fehrenbacher, seconded by Council Member Paar to close the public hearing a 7:10 p.m. All in favor. Motion carried. IV. APPROVAL OF AGENDA Mayor Wilharber added Centerville Claims (Check #28568-28572) and stated that revisions had been made to pages 25 and 26. Mayor Wilharber also added Item #4., Res. #14-0XX – Modifying the Date for a Public Hearing (Commerce Drive/Backage Road) and Item #5., Res. #14-0XX – Petitioning Rice Creek Watershed District for Assistance with Flood Plain Study (FEMA) under New Business. Motion by Council Member Love, seconded by Council Member Paar to approve the Agenda as modified. All in favor. Motion carried . IV. APPROVAL OF MINUTES 1. February 26, 2014 City Council Meeting Minutes The Mayor provided Council Members with an opportunity to amend the presented minutes. Council Member King requested that “entered into” be removed and “had” be inserted prior to “with Time Warner and Comcast” and add “regarding a merger”. Motion by Council Member Fehrenbacher, seconded by Council Member King to approve the minutes of the February 26, 2014 City Council Meeting with the amended language. All in favor. Motion passed. V. CONSENT AGENDA 1. City of Centerville February 27, 2014 through March 12, 2014 Claims (Check #28548- 28567 & Check #28568-28572) 2. Centennial Police Department Claims through February 27, 2014 (Check #9811-9821) 3. Centennial Fire District Claims through February 21, 2014 (Check #6276-6286) w/Payroll Checks #6268-6275) Motion by Council Member Love, seconded by Council Member Paar to approve the Consent Agenda as presented. All in favor. Motion carried. VI. AWARDS/PRESENTATIONS/APPEARANCES 1. None. VII. OLD BUSINESS 1. None. Page 4 of 8 City of Centerville Council Meeting Minutes March 12, 2014 VIII. NEW BUSINESS 1. Res. #14-013 - Ordering Improvement and Accepting Bid ~ 2014 Mill & Overlay Project Engineer Statz stated that there is a fair amount of concern regarding construction vehicles associated with the County’s Centerville Road reconstruction project and potential for increased residential traffic; however, he felt that that could be deterred by sign posting, correspondence with the County and police presence. Engineer Statz and Public Works Director Palzer both stated they were reluctant to delay the mill and overlay project in this area due to potential for continued deterioration and that a delay could make it necessary for total reconstruction as a result. Discussion was had regarding if delaying the project, a potential for total street reconstruction and the mandatory installation of rain gardens, that the project was preventative maintenance just a different from than in the past (sealcoating), previous complaints about sealcoating with oil and rocks and the tracking of those materials and costs of the improvement now versus in the future. Motion made by Council Member Fehrenbacher, seconded by Council Member Paar to adopt Res. #14-013 – Ordering Improvement and Accepting Bid ~ 2014 Mill & Overlay Project. All in favor. Motion carried. 2. Res. #14-014 – Adopting Special Assessments on Improvement ~ 2014 Mill & Overlay Project Council Member Love stated that most residents that appeared understand regular maintenance of roadways, however, some are disappointed for the need of special assessments associated with them and would prefer to deter the project. Council Member Love also stated that continued budgeting for street maintenance was needed so that in the future assessments or levy adjustments would not need to be made. Discussion ensued regarding reviewing the Thin Overlay Program for alternatives in the future, the useful life span of the mill and overlay process and the proposed interest rate of 5% over a three year term. Motion made by Council Member Fehrenbacher, seconded by Council Member Paar to adopt Res. #14-014 – Adopting Special Assessment on Improvement ~ 2014 Mill & Overlay Project as presented. Administrator Larson stated that if Council chose, they could have the interest commence November 1, 2014 rather than the proposed July 1 as stated in the presented resolution. Council Member Fehrenbacher made a friendly amendment to his motion by requesting that the date from which interest were to commence accruing be modified to November 1 rather than July 1, 2014 as in the presented resolution for consideration. Council Member Paar accepted Council Member Fehrenbacher’s amendment. Page 5 of 8 City of Centerville Council Meeting Minutes March 12, 2014 Council Member Love questioned whether Council would be satisfied in three years assessments for a similar mill and overlay project were $750 would Council be satisfied with those figures. Council felt that when next year’s mill and overlay project went out for bids they would need to adjust figures, the scope of the project, etc. to keep expenditures similar to this project. Council concurred that they did not desire to increase the tax levy to allow for the preventative maintenance of roadways. Upon voting on the motion, all voted in favor except Council Member Love opposed. Motion carried. (4/5 votes) st 3. Res. #14-015 – Approving Award of Bids on 21 Avenue Street Improvement Project Administrator Larson stated that Centerville’s portion of the Improvement Project would be $366,179 of which the private landowner would be responsible for and not the City. Administrator Larson recommends that the funding would be absorbed through the Water Fund and made whole in not more than 10 years through special assessments of the private landowner. Administrator Larson stated the land owner is paying all of the costs for Centerville through special assessment agreement and that the Metropolitan Council would be paying a portion of the costs along with the City of Lino Lakes. Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve st Res. #14-015 – Approving Award of Bids on 21 Avenue Street Improvement Project as presented. All in favor. Motion passed. 4. Res. #14-016 – Modifying the Date for a Public Hearing (Commerce Drive/Backage Road) Administrator Larson stated that due to timing of publications with the City’s official newspaper, staff was unable to publish the needed notice and to meet requirements must be published in a timely manner and recommend that the hearing be rescheduled from March 26 to April 23, 2014. Motion was made by Council Member Love, seconded by Council Member King to adoption Res. #14-016 – Modifying the Date for a Public Hearing (Commerce Drive/Backage Road) as presented. All in favor. Motion carried. 5. Res. #14-017 – Petitioning Rice Creek Watershed District for Assistance with Flood Plain Study Administrator Larson stated that in 2011 the Rice Creek Watershed District completed a Flood Plain Study containing information regarding Clearwater Creek and elevations providing protection four feet lower than proposed by the Federal Emergency Management Agency (FEMA) contained in their recent map revisions. Administrator Larson stated that this variation is alarming to the City and the major property owner encompassing this area and affects future growth of Centerville. Administrator Larson stated that the City is attempting to provide FEMA with their requested additional information to reconsider, however, RCWD does not believe that Page 6 of 8 City of Centerville Council Meeting Minutes March 12, 2014 it is in their financial interest to participate in this issue and would be burdensome on their staff. Administrator Larson stated that the City could enlist the services of Stantec, however, that would be more cost effective to obtain RCWD’s approval to secure their engineers to complete assist the City by providing their data. Administrator Larson stated that Mr. Gerald Rehbein is the majority property owner that is affected by this issue and no work would commence until such time as signed agreements were on file with the City for reimbursement. Motion made by Council Member Fehrenbacher, seconded by Council Member Paar to adopt Res, #14-017 – Petitioning Rice Creek Watershed District for Assistance with Flood Plan Study as presented. All in favor. Motion carried. IX. ANNOUNCEMENTS/UPDATES 1.Administrator Larson reported that there would be a presentation by the consultant secured by Met Council (Baar Engineering) to complete the Joint Water System Feasibility Study Work Plan the next evening at 6:00 p.m. at the Lino Lakes City Hall. 2.Administrator Larson also reported that Staff had forwarded letters to residents of the Royal Meadows Development regarding the upcoming input meeting. 3.Legal Counsel Glaser stated that a bill had passed out of committee to protect the Ticket Education program. Legal Counsel stated that discussion at the Legislature continues regarding surcharges. Legal Counsel Glaser reported that he has been aggressively working with the Barons regarding cleanup efforts and building permits. 4.Engineer Statz stated that the League of Minnesota Cities is working hard to simplify tax exemptions for municipal entities in the legislative session. 5.Engineer Statz reported that he and staff attending a meeting with Anoka County th Highway Department regarding the property North of Main Street on the corner of 20 Avenue regarding access/exit points and roadways throughout the property. Engineer Statz stated that the property owner would need to work with the County in the future regarding this item. 6.Engineer Statz stated that Council may desire to extend municipal water along Centerville Road at the same time as the road construction project in the late fall. Administrator Larson stated that residents along the roadway expressed interest at several of the Open Houses held for the project with Anoka County. Engineer Statz stated that it was anticipated to cost approximately $85,000 for municipal sewer and $85,000 for municipal water or Council could consider waiting until such time as the Vickers property developed. Administrator Larson stated that Staff will need to bring back information prior to the County finalizing their plans. 7.Council Member King stated that the Committee is eager to work with the individuals that organized the flag football tournament last year; however no applications have been submitted. Council Member King also stated that the Committee has high concern for property along Mill Road that they were under the impression was park land and is now being sold. Administrator Larson stated that he continues to research the item. Page 7 of 8 City of Centerville Council Meeting Minutes March 12, 2014 8.Council Member Paar stated that the Parade Committee is in the early stages of planning and stated that email have been forwarded to last year’s participants, the registration form is on line for completion and reviewed the dates of the planned events. 9.Council Member Love stated that the Planning & Zoning Commission met and could not hold a meeting due to lack of quorum, however, those in attendance were made aware of the upcoming Joint Work Session schedule with Council. 10.Building Official Palzer stated that Staff has encountered numerous equipment failures throughout the season and that they have used 30% more salt than last year. 11.Mayor Wilharber stated that Council should discuss the hiring of an Executive Search firm for the Administrator’s position at their next work session. X. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member Fehrenbacher to Adjourn the regularly scheduled Council meeting of March 12, 2014 at 8:22 p.m. All in favor. Motion passed. Transcribed by City Staff Member Teresa Bender, City Clerk Page 8 of 8