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HomeMy WebLinkAbout2014-10-08 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING October 8, 2014 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of October 8, 2014 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member D. Love Council Member Jeff Paar Council Member Steve King Council Member Ben Fehrenbacher ABSENT: None. STAFF: City Administrator Dallas Larson City Engineer Mark Statz Legal Counsel Kurt Glaser Publc Works Director Paul Palzer I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE III. AWARDS/PRESENTATIONS/APPEARANCES 1.Ms. Pat CampBaron, 7121 Centerville Road – Request for Exemption from Interest/Penalties Associated w/Nuisance Abatement Special Assessment ~ (2013) Mayor Wilharber stated that Ms. CampBaron has requested that the item be delayed until the October 22, 2014 City Council meeting. If questions for Legal Counsel, King stated wait. IV. PUBLIC HEARING 1. None. V. APPROVAL OF AGENDA Mayor Wilharber added Centerville Claims (Check #29005-29013) w/Voided Check #29000 and stated that the remainder of the modifications are adding pages to the packet for Council review. City of Centerville Council Meeting Minutes October 8, 2014 Motion by Council Member King, seconded by Council Member Fehrenbacher to approve the Agenda as presented with the additions as stated and presented. All in favor. Motion passed. VI. APPROVAL OF MINUTES 1. September 24, 2014 City Council Meeting Minutes The Mayor provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Paar, seconded by Council Member Love to approve the minutes of the September 24, 2014 City Council Meeting. All in favor. Motion passed. VII. CONSENT AGENDA 1. City of Centerville September 25, 2014 through October 8, 2014 Claims (Check #28989- 10079) & (Check #29005-29013) w/Voided Check #29000 2. Centennial Police Department Claims through September 25, 2014 (Check #10066- 10079) 3. Pay Estimate #6, Northdale Construction Co., Inc. - $66,693.54 4. Centerville Lions Request for Date Change – Oktoberfest From September 27 to October 25, 2014 Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve the Consent Agenda as presented. All in favor. Motion passed. VIII. OLD BUSINESS 1. Approval of Employment Contract – Selected Candidate (City Administrator) Legal Counsel stated Mr. Ericson agreed to and signed the contract earlier in the week. Administrator Larson stated that Mr. Ericson has requested that he commence his employment with the City subsequent to the General Election, however, the start date as stated in the contract is November 3, 2014. Administrator Larson felt that Mr. Ericson’s start date would be immediately following November 4. Council questioned whether the date should be modified accordingly within the contract to more accurately reflect the true start date. Legal Counsel felt that the contract could be modified manually upon his start date with wage being adjusted accordingly. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve the agreement with acknowledging a no later start date of November 10, 2014 and prorateed wage adjustment accordingly. All in favor. Motion passed. 2. Res. #14-030 – Adopting Anoka County Multi-Jurisdictional Hazard Mitigation Plan Page 2 of 7 City of Centerville Council Meeting Minutes October 8, 2014 Mayor Wilharber questioned whether Council Member King had received ample time for additional research regarding the matter. Council Member King stated that he had spoken with the Centennial Lakes Police Chief, the Anoka County Sheriff and is anticipating additional discussions with a Anoka County Public Safety Officer but felt cautiously comfortable voting on the matter. Moption by Council Member Paar, seconded by Council Member Fehrenbacher to Adopt Res. #14- 030 – Adopting Anoka County Multi-Jurisdictional Hazard Mitigation Plan as presented. All in favor. Motion passed. IX. NEW BUSINESS 1. Ms. Pat CampBaron, 7121 Centerville Road – Request for Exemption from Interest/Penalties ($2,294.83) Associated w/Nuisance Abatement Special Assessment ~ (Payable 2013) Previously discussed. th 2. Mr. Lou Suski, Gaughan Realty, to Present Offer to Purchase 7087 – 20 Avenue South (Old Public Works Site) ~ Alex’s Lawn & Turf, LLC Mr. Lou Suski, Gaughan Realty appeared before Council, presented them with a marketing brochure of the parcel and stated that at a previous meeting Council reduced the price from $400,000 to $325,000. Mr. Suski stated that this evening he is presenting an offer to purchase the property from Mr. Alex Shuda, owner of Alex’s Lawn & Turf and Dream Scapes Landscaping & Design, Inc. Mr. Suski stated that Mr. Shuda has submerged a letter of intent for the full purchase price of $325,000 and a standard purchase agreement. Mr. Suski also stated that Mr. Shuda has included several addendums with regards to possible environmental issues (well, etc.) and the ability to obtain a Conditional Use Permit for a limited amount of outside storage. Administrator Larson stated that Mr. Shuda is aware that the City needs to complete a subdivision for retaining a large enough area of land to maintain the City’s watertower and an access easement along with title work, County recording and a public hearing. Administrator Larson stated that he has contacted a survey firm (E.G. Rud) to obtain cost estimates associated with the subdivision and it was anticipated that the cost would be approximately $4,500. Administrator Larson stated that he felt that the City and Mr. Shuda could agree to potential requirements contained in a Condition Use Permit (noise, amount of vehicles and items stored outside, exterior considerations for abutting property owners, etc.) Mr. Suski stated that Mr. Shuda is in attendance of the meeting this evening to address concerns of Council, discuss his operation and needs. Mr. Shuda provided brochures to Council regarding his current operations, location, expressed his desire for minimal outside storage, eagerness to work with the City and becoming a business operator in Centerville. Mr. Shuda stated that he has met with Staff and is aware of potential requirements that could be placed on his business subject Page 3 of 7 City of Centerville Council Meeting Minutes October 8, 2014 to a Conditional Use Permit, understands the platting/subdivision and watertower maintenance needs. th Council had concerns regarding driveway access onto 20 Avenue and the County’s approval. Administrator Larson felt that it would be minimal impact and the County would authorize it. Council Member Love questioned future growth and necessity of additional space. Mr. Shuda stated that an additional location would be opened. Motion by Council Member Love, seconded by Council Member King to accept presented offer with the Addendums. All in favor. Motion passed. Administrator Larson called Council’s attention to the fact that additional expenditures would be needed to proceed with the sale such as closing costs, title opinion and insurance, surveyor, public hearing notice and approval secured with Anoka County Highway Department. Administrator Larson felt that costs would be between $5,000-$7,000. Motion by Council Member Love, seconded by Council Member King to authorize expenditures associated with the needed procedures to allow for the sale of the property th located at 7087 – 20 Avenue South. All in favor. Motion passed. 3. Anoka County Amendment to Agreement #2013-0082 for 2013 CDBG Project (Water Main/Residential Hookup ($286,729 to $422,229) Administrator Larson stated the initial grant was for $286,729 and originally only individuals that met income guidelines within the Royal Meadows Subdivision, however, the City was notified that addition funding was available through the program, applied and received additional funding to offer connections to all that had not been previously connected if they met income guidelines. Administrator Larson stated that eleven (11) additional residential units qualified and the funding will be applied to their costs as well. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve as presented. All in favor. Motion passed. 4. Anoka County Amendment to Joint Powers Agreement for Reconstruction of County State Aid Highway 21 (Centerville Road) Administrator Larson stated that originally the City and County jointly agreed that the City would pay 60% of the City’s share of the costs of the improvements up front at time of awarding the contract, 35% by April, 2015 and the remainder upon completion of the project. However, with the delay in commencing the project the County has agreed to amend the agreement and allow the City to pay thirty-fi ($408,000) and the remainder when the project is completed. Administrator Larson stated that this is a departure from their normal practice. Page 4 of 7 City of Centerville Council Meeting Minutes October 8, 2014 Motion by Council Member Paar, seconded by Council Member Fehrenbacher to approve the Anoka County Amendment to Joint Powers Agreement for Reconstruction of County State Aid Highway 21 (Centerville Road) as presented. All in favor. Motion passed. 5. P & Z Recommendation for Conditional Use Permit (CUP) AK Auto Sales, LLC ~ 7055 st – 21 Avenue South Administrator Larson stated that the Planning & Zoning Commission held a public hearing regarding the request for Conditional Use Permit. Administrator Larson stated that subsequent to recommendations forwarded by the Commission, Legal Counsel Glaser has suggested the addition of Item k. “The permit shall be subject to renewal every five (5) years to determine compliance with the conditions stated herein, necessity of modifying or imposing additional conditions, or need for continuance of the permit. Failure to seek renewal shall void this permit and its conditional use.” Motion by Council Member Love, seconded by Council Member King to approve the presented Conditional Use Agreement. Discussion ensued whether the operators of AK Auto Sales, LLC were aware of the modifications and Administrator Larson stated that they were provided a copy of the conditions before the meeting. All in favor. Motion passed. 6. Stormwater Enforcement Response Plan Administrator Larson stated that as one of several requirements of the City’s renewed Storm Water Permit, an enforcement plan needed to be written which includes processes for abatement of violations, inspection methods, etc. Administrator Larson stated that additional requirements would need to be completed in the future such as City Code, Chapter 157 would need to be modified, staff training completed and inspection/procedures for city property. Engineer Statz stated that we are one community out of hundreds that need to complete these same steps and have a completion timeframe of a year from coverage (March, 2015). Engineer Statz stated that he feels that Administrator Larson is responsible for the City completing the presented plan when other communities are requesting their engineers complete the work for a fee. Engineer Statz stated that Administrator Larson has saved the City from expending funds in this area. Lengthy discussion took place regarding additional requirements that may be placed on the city due to the Permit in the future, financial obligations of those requirements, audits endured from the MPCA, delaying action on this item until such time as we can meet additional requirements, completion of one task at a time prior to due date shows diligence and one less issue for the new Administrator. Motion by Council Member Paar, seconded by Council Member Love to Approve the Stormwater Enforcement Response Plan as presented. Council Member King opposed. Motion passed. Page 5 of 7 City of Centerville Council Meeting Minutes October 8, 2014 7. Approval of Change Order for Centerville Road Reconstruction Project – See Engineer’s Letter Engineer Statz stated that it was understood throughout the project’s design that there would be a conflict with two of MCES’s sanitary sewer forcemains and the proposed City trunk storm sewer that cross under Centerville Road near Meadow Lane. It was planned that the forcemains would be lowered beneath the new trunk storm sewer as this was the most economically feasible option and has been completed on numerous other projects throughout the metro area. Engineer Statz went on to say that upon submission for permits by the contractor, the MCES is now requiring additional air release manholes and clean out manholes for the forcemains. The contractor estimates an additional $91,000 for the new structures and equipment. Staff has considered alternative options and chosen the most economical redesign of the storm sewer to be placed underneath the existing forcemains of which the County will share 25% of the cost. The contractor estimates this to be approximately $31,500 for the City’s portion, however, it will also require and additional $4,000 for design and ditch lowering. Engineer Statz stated that the contractor desired to commence work as soon as possible and a change order would be forthcoming. Engineer Statz stated that a benefit of this work would be lowering the ditch which would assist residents on east side of Centerville Road with drainage issues and cleaning of an additional 230 fee of the city owned ditch along the south side of LaMotte Park. Engineer Statz suggested taking the soil from the ditch trenching be placed within the park in an area of unused which would act as a berm and be seeded. Discussion ensued regarding the Parks and Recreation Committee’s knowledge of the soil placement, Engineer Statz’s knowledge of this issue prior to this point, potential for odor release from the air release manholes, venting and filters are needed and warrantee period. Engineer Statz stated that he would contact the Parks and Recreation Committee and felt that the warrantee period was one year. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to Approve a Change Order for the Centerville Road Reconstruction Project Relating to the design and Installation of the City’s Trunk Storm Sewer Beneath MCES’ Forcemains in an Amount Not to Exceed $35,500. Council Member King opposed. Motion passed. 8. Mr. & Mrs. Koran Request for Municipal Sewer Services (6769 Centerville Road) Administrator Larson stated that the Koran’s recently had their home inspected due to placing it on the market for sale and were informed that their septic system is failing. Administrator Larson stated that the Koran’s are requesting that the city reconsider municipal sewer service installation so that their home may be serviced. Administrator Larson reported that the Koran’s had contacted him stating that they will install a new septic system on the vacant lot that abuts their property until such time as the new owner desires to connect when it becomes available. Administrator Larson stated that no action is required at this time. X. ANNOUNCEMENTS/UPDATES Page 6 of 7 City of Centerville Council Meeting Minutes October 8, 2014 Administrator Larson reported that he is currently working part time and ensuring that his workload is covered. Council Member Fehrenbacher stated that he desired for Staff to request that the Council complete the intersection of Centerville Road and Dupre Road this year so there will not be a conflict next year. Engineer Statz stated that he also feels that it would be less intrusive and the contractors will ensure that the intersection remains usable. Discussion ensued regarding temperatures needed to install concrete for curb and gutters along with asphalt. Engineer Statz reported that generally concrete can be poured and cured as long as the ground is not frozen with preventative measures for freezing such as hay-filled blankets, etc. and asphalt follows the same requirements however most asphalt plants close slightly prior to Thanksgiving. Mayor Wilharber requested that additional signage be posted advising users of the trails closure while construction is taking place in that area and that advanced warning is given. Mayor Wilharber stated that the October 9, 2014 Fire Steering meeting has been rescheduled to October 16, 2014. Legal Counsel Glaser stated that a meeting to discuss the Anoka County Fire Protection Council Joint Powers Agreement would be taking place the following day. Administrator Larson stated that the Planning and Zoning Commission recently discussed a Concept Plan for the Watermark Development west of the park and ride. Administrator Larson rd stated that the Commission had concern for increased traffic on 73 Street due to this stth development and the communities benefit to traffic remaining on 21 Avenue versus 20 Avenue. Administrator Larson stated that he emailed comments to the City of Lino Lakes were the plan was to be discussed at their Planning and Zoning meeting of this evening. XI. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member Love to Adjourn the regularly scheduled meeting of October 8, 2014 at 7:50 p.m. All in favor. Motion passed. Transcribed by City Staff Member Teresa Bender, City Clerk Page 7 of 7