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HomeMy WebLinkAbout2015-12-09 - CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING December 9, 2015 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of December 9, 2015 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member Jeff Paar Council Member D. Love ABSENT: None. STAFF: City Administrator Mike Ericson City Attorney Kurt Glaser Finance Director Ellie Paulseth Engineer Mark Statz I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE III. PUBLIC INPUT – 2016 Budget & Tax Levies (TNT Hearing) Finance Director Paulseth reviewed the budget presentation with the City Council, stated that the tax levy would be increasing by 7% or approximately $91/year on a home valued at approximately $163,000 with the proposed 2016 budget. Finance Director Paulseth reviewed Centerville’s levy trends, general fund revenue and expenditures and tax rate for the past five years. Finance Director Paulseth stated that there were several major factors that affected the 2016 proposed budget and they are as follows: staff cost of living adjustments, staff health insurance benefit increase, primary and general elects, public safety (police and fire) increases and Public Works repairs/maintenance increases. Finance Director Paulseth stated that Council has made and is committed to funding street improvements through budgeting and consideration of franchise fees with a minimal assessment for routine mill and overlays. Mayor Wilharber provided an opportunity for public input/comment and no members of the audience desired to speak. City of Centerville Council Meeting Minutes December 9, 2015 IV. APPOINTMENTS/PRESENTATION As individuals presenting CenturyLink Franchise Agreement were delayed, the Council held the Public Hearing on Proposed Improvements – 2016 Mill & Overlay Project at this time. 2. Public Hearing on Proposed Improvements – 2016 Mill & Overlay Project Engineer Statz stated that the City published and mailed required notice for the public hearing and that it is the first of two (2) meetings that are required to take place; one (1) regarding the improvement itself and one (1) for the related assessments (MN State Statute 429). Engineer Statz stated that the scope of the project is a 1” mill and overlay within the Royal Meadows Development (Cardinal Drive, North, South and West Robin Lanes), Cottonwood Court, Deer Court, Hunters Trail, Meadow Circle, Meadow Court and a 2” mill and overlay on Mill Road. Engineer Statz stated that for the previous two (2) years the City has been utilizing the thin mill and overlay method rather than the seal coating method for street maintenance which has proven to be more cost effective and extends the roadway by preventing premature deterioration. Engineer Statz stated that if Council orders the proposed improvement benefiting/abutting property owners will receive a nominal assessment similar to years past ($500-$550); however, this meeting is not where Council will be accepting input regarding assessments. Council Member King questioned the proper time for public comment on the assessments and Engineer Statz stated that property owners would be receiving notice of that hearing dependent upon Council’s direction this evening. Council Member Fehrenbacher stated that a thin mill and overlay project would delay a full reconstruction of a roadway by five (5) or more years and be similar to changing the oil in your automobile and much less expensive than a full reconstruction. Council Member Love questioned whether additional items would be addressed similar to previous mill and overlays. Engineer Statz stated that the City is being proactive on adjusting manholes and curb replacements in areas of pooling or breakage. Council Member Fehrenbacher also stated that with a mill and overlay project, Rice Creek Watershed District does not require rain gardens or other methods for water runoff that they would for a full reconstruction. Council Member Paar questioned Engineer Statz regarding bids and anticipated costs. Engineer Statz stated that he felt that the City received fair and competitive bids within the City budget. Mr. David Peyla, 7235 Mill Road stated that he felt that the previous two (2) mill and overlay projects have not extended the life of the roadway, construction equipment has caused premature damage to the existing roadway and questioned whether funds were in escrow to pay for the premature damage rather than placing the expense on property owners. Mr. Peyla questioned the basis for the decision on repairing the roadway. Engineer Statz stated that a 2” overlay would be utilized on the roadway as it has been some time since improvements have been made to it and it fits into the pavement maintenance schedule and compared to streets of similar age. Engineer Statz stated that any escrows from previous projects have been returned due to the completion of the development(s). Mr. Peyla also questioned drainage, curb and gutter concerns. Engineer Statz stated that the roadway is somewhat of a collector street, is considered to be more rural in Page 2 of 10 City of Centerville Council Meeting Minutes December 9, 2015 nature and until such time as Council considers a full reconstruction including widening; curb and gutters will not be installed. Engineer Statz also stated that this is simply an overlay project adding additional life to the existing roadway. Mr. Joseph Meath, 7246 Mill Road questioned Council’s thought process from 2009 when it was desired to replace the entire roadway. Council Member Fehrenbacher stated that a trail has been installed along with drainage modifications. Council Member Fehrenbacher also stated that in 2009 Council choose to leave the roadway a more rural roadway and their decision was based on economics and resident input. Engineer Statz stated that they City is enduring 80% of the costs associated with the proposed mill and overlay, he was unsure as to whether the roadway was deemed a collector street in the City’s Comprehensive Plan, and if it were a collector street nothing distinguishes if residents pay less and the City pays more of the share of the costs. Mr. Meath questioned assessments and living on a corner lot. Engineer Statz stated that the City would review its policy regarding corner lots and assessments. Mayor Wilharber stated that the last two (2) mill and overlay projects averaged benefiting property owners $500 to $525 an assessment with the majority of expenses being paid by the City through its Street Maintenance Fund. Council Member Paar questioned whether major areas would be corrected in the road such as humps or hollows or broken curb and gutter areas. Engineer Statz stated that these areas would be repaired/replaced along with areas that are retaining water but those repairs would be minimal. Attorney Glaser stated that escrows are common for development’s. However, it has been years since any development has taken place and unless damage was noted prior to completion nothing would have been retained. Both Mr. Meath and Mrs. Scheller felt that there was premature deterioration of the roadway due to the construction vehicles. Engineer Statz stated that no repairs had been made to the roadway since 1985 and Council Member Love stated that little to no inconvenience was received to vehicles when his roadway was completed last year. Mayor Wilharber Closed the Public Hearing at 7:06 p.m. Ms. Mary Santee from the League of Women voters stated that they service 30 communities from the St Croix Valley to the Northeast suburbs. Ms. Santee stated that recently the League adopted a study to audit communities for compliance with the open meeting laws and from time to time visit open meetings. Ms. Santee stated that for the most part they find that cities go above and beyond legal requirements and do all that they can to let citizens know of the business that they conduct. Mayor Wilharber stated that laws regarding the open meeting law have changed significantly over the years and Centerville’s Council takes pride in not violating the law and desires the public’s input on issues. 1. Presentation of CenturyLink Franchise Agreement – Mr. Michael R. Bradley, Hagen & Gullikson, LLC & Ms. Heidi Arnson, North Metro Cable Commission Page 3 of 10 City of Centerville Council Meeting Minutes December 9, 2015 Mr. Mike Bradley introduced himself to Council and reviewed the presentation contained in Council’s packet. He is the contract attorney for the North Metro Cable Commission and presented the franchise agreement as required by the Cable Television Consumer Protection and Competition Act and that the Commission recommended adoption to their respective member cities. Mayor Wilharber questioned where the City of Centerville was the last to review and consider th the agreement. Mr. Bradley stated that the City of Lino Lakes would be reviewing it on the 14 of December. Mr. Bradley stated that there cannot be difference between requirements of the current Comcast Franchise Agreement and CenturyLink’s, that Century Link’s agreement only runs for a period of five (5) years to ensure buildout requirements or penalties and the diligence of CenturyLink in installing fiber to neighborhoods if not to some homes already. Mr. Bradley stated that CenturyLink will provide a Twin Cities Metro-Wide Public/Educational/Governmental Interconnect allowing municipalities to share live programming with one another and share electronic file and a complimentary internet/wi-fi for the public’s use to each municipality. Council Member Fehrenbacher questioned whether CenturyLink would have the capability to provide Prism to government buildings. Mr. Bradley stated that the government building’s cameras would also work on their network. Engineer Statz stated that CenturyLink has the same rights to the right of ways as does Comcast and our City Code requirements. The Mayor called for public input and heard none. Mr. Patrick Haggerty from CenturyLink stated that it has been a pleasure working with North Metro Staff and Mr. Bradley on the proposed franchise agreement. He looks forward to working with the member cities if the agreement is approved. V. APPROVAL OF THE AGENDA Mayor Wilharber added Check #29891-29916, Item #12. Approve Hiring Jack Beavens, Andrew Schweitzer & Simon Knockel as Seasonal Ice Rink Attendants under VII. Consent, reminded Council Members that there were replacement pages for Item #2 under VIII. Old Business and added Res. #15-0XX – Adopting Budget & Tax Levies for 2016 which the item was on the Agenda but not notated and not contained in the packet. Motion by Council Member Love, seconded by Council Member Paar to approve the Agenda with the above stated amendments. All in favor. Motion carried. VI. APPROVAL OF MINUTES 1. November 12, 2015 City Council Meeting Minutes Page 4 of 10 City of Centerville Council Meeting Minutes December 9, 2015 Mayor Wilharber provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Fehrenbacher, seconded by Council Member King, to approve the minutes of the November 12, 2015 City Council Meeting as presented. All in favor. Motion carried. 2. November 24, 2015 City Council Meeting Minutes Mayor Wilharber provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve the minutes of the November 24, 2015 City Council Meeting as presented. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville November 12, 2015 through December 9, 2015 Claims (Check #29841-29890) & (Check #29891-29916) 2. Centennial Fire District Claims through December 2, 2015 (Check #7199-7229) w/Payroll Check #7195-7198 3. Centennial Lakes Police Department Claims through November 25, 2015 (Check #10616-10627) 4. Parks & Recreation Committee Recommendation to Purchase Recycled Rubber Mulch from Playground Equipment – Not to Exceed $1,250 5. Special Event Permit Application – Outrun Homelessness 5K, 8K & Kids Run/Walk – October 1, 2016, 6:00 a.m.-10:30 a.m.) LaMotte Park (Waive Fee) Subject to Anoka County Permit Approval, Centennial Lakes PD & Centennial FD Approval 6. Special Event Permit Application – Shake Your Shamrock 5K, 8K & Kids 1/3K Walk/Run – March 12, 2016, 7:00 a.m. – 1:00 p.m., Around Centerville Lake Subject to Anoka County Permit Approval, Centennial Lakes PD & Centennial FD Approval 7. Special Event Permit Application, Noise Permit (8:00 a.m.-6:00 p.m.), Temp. On Sale Liquor License (10:00 a.m.-3:00 p.m.) & Raffle Permit (2:30 p.m.) – Centerville Lions Lynn Johnson Memorial Ice Fishing Contest – February 20, 2016, Centerville Lake (Waive Fees) (Subject to Anoka County Sheriff Department, MN DNR, Centennial Lakes PD & Centennial FD Approval) 8. Continuation of Recycling Incentive-Authorize Rebate to Residents, Subject to Anoka County Approval as in Years Past – Staff Determination of Amount Dependent upon Outstanding Expenditures 9. City Hall Hours (December 24 & December 31, 2015) – Closed ½ Day Christmas Eve Day & ½ Day New Year’s Eve Day w/Employee’s Use of PTO Time for Missed Hours 10. Off Sale Liquor & Tobacco License, Turgeon Enterprises, Inc. (dba Mainstreet Liquor Barrel) 11. Accept & Approve Resignation of Mr. Tom Wood from Planning & Zoning Commission Page 5 of 10 City of Centerville Council Meeting Minutes December 9, 2015 12. Approve Hiring Jack Beavens, Andrew Schweitzer & Simon Knockel as Seasonal Ice Rink Attendants Mayor Wilharber requested that Item #11 be pulled for further discussion. Motion by Council Member Fehrenbacher, seconded by Council Member King, to approve the Consent Agenda Items 1-10 & 12 as presented. All in favor. Motion carried. Mayor Wilharber stated that Mr. Wood has served on the Planning & Zoning Commission for over 10 years, thanked him for his service to the community and Council Member Love noted that he was the longest sitting member on the Commission. Administrator Ericson stated that staff has prepared a Certificate of Recognition for Mr. Wood and it is awaiting the Mayor’s signature. Motion by Council Member Love, seconded by Council Member Paar, to approve Consent Agenda Item #11 as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Discussion On Listing Prices of City Owned Property (1737 Main Street) & (1691/1695 Main Street- Lakeview) Mr. Lou Suski stated that he has researched comparable sales in the area over the last several months and with the recent sale of a neighboring property, suggested that the Council consider increasing the price of both parcels. Mr. Suski stated that approximately one year ago, the previous Administrator suggested that the prices be reduced and with the market inclining in interest it is felt that 1737 Main Street’s asking price should be increased to $155,000 and 1691/1695 Main Street to $145,000 due to lake view and neighboring appraisals. Mr. Suski stated that the price increase also gave Council some wiggle room on sale price during negotiations. Mr. Suski reported that the property recently purchased by the school size was .30 acres and the City’s two lots are .51 and .48. Mr. Suski felt that 1737 Main Street was a great value for the right business and Council desired to sell for the highest price and best use. Mr. Suski stated that current the market has slowed, however, generally speaking picks up immediately following the first of the year. Council questioned if there have been inquiries to the property along Heritage Street and Centerville Road. Mr. Suski reported that over the listing period he has received three (3) very vague inquiries. Mr. Suski stated that Council has been flexible with working with developers and would find that if a viable offer were received, Council would consider it. Discussion ensued regarding a developer’s possibility of purchasing additional/abutting land if so desired. Motion by Council Member Paar, seconded by Council Member Love to Increase the Listing Prices of 1737 Main Street to $155,000 and 1691/1695 Main Street to $145,000. All in favor. Motion carried. Page 6 of 10 City of Centerville Council Meeting Minutes December 9, 2015 2. Discussion & Update on Proposed Franchise Fees (Connexus Energy, CenterPoint Energy & Xcel Energy – Schedule Work Session to Discuss Administrator Ericson stated that Staff has met with representatives of all three (3) utility companies (Xcel, Connexus & CenterPoint Energy) with Ms. Colette Jurek, Manager - Community Relations & Economic Development for Connexus Energy being present in the audience. Administrator Ericson stated that Finance Director Paulseth has provided Council with a presentation in their packet and would be reviewing it with them. Finance Director Paulseth reviewed the presentation with Council, stated that this option is an avenue to fund street maintenance without assessments or little to no assessments, many other local cities are utilizing franchise fees and it does not increase the tax levy. Administrator Ericson stated that staff has experience in implementing these fees, have worked with all three utilities and believe that the City has been very transparent with both their discussion and consideration of these proposals. Mayor Wilharber stated that there are many entities within the community that are tax exempt and special assessments do not apply to them, (school and churches). This enables a fair playing field for road maintenance with all property owners benefiting and feels that the tax rate is high and cannot continue to sustain maintenance costs. Mayor Wilharber also stated that Cities previously received large local government aid, but that has been reduced affecting the City’s ability to provide simple funding for such expenditures. The Consensus of the Council was to discuss franchise fees at a Work Session which would include staggered fees for commercial versus residential properties. Discussion ensued regarding length of time to implement, 2016’s road maintenance projects/funding and the 2016 Budget. Finance Director Paulseth stated that it would take approximately 90 days from ordinance adoption to implement, that if implemented early in 2016 the City would receive half to three- quarters of the estimated annual fees proposed and funds from another fund could be utilized to subsidize the expenditures for a short period of time. Mayor Wilharber questioned whether Ms. Jurek could attend a December 16 meeting at 6:00 p.m. to discuss the franchise fees and Ms. Jurek concurred. Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve holding a Work Session on December 16, 2016 commencing at 6:00 p.m. All in favor. Motion carried. Mayor Wilharberrequested that the Councilconsider IX. New Business Item #3 – City Code, Second Series #74 & Summary so that individuals in attendance regarding the item could recess if desired. IX. NEW BUSINESS 3. Approval of City Code, Second Series #74 & Summary Page 7 of 10 City of Centerville Council Meeting Minutes December 9, 2015 Mayor Wilharber stated that the Council previously held a public hearing earlier regarding the matter and that if Council chose to adopt the Ordinance and Summary it would authorize CenturyLink the ability to provide cable services in the area along with Comcast. Motion by Council Member King, seconded by Council Member Fehrenbacher to Adopt City Code, Second Series #74 & its Summary as presented. All in favor. Motion carried. VIII. OLD BUSINESS (Cont’d) 3. Centennial School District ISD #12 Centerville Elementary School – Parking Lot Options Administrator Ericson stated that subsequent to the last Council meeting Staff has met with the School District Superintendent and Business Manager, along with Mr. Paul Steffel and City Attorney Glaser regarding the matter attempting to assist the School District in any way that the City can. City Attorney Glaser stated that the City may also commence the eminent domain process on the same parcel for the same reasons and let the courts determine who would prevail, work with the School District for the best possible use of the property through a political level and its continued tax generation or incorporate some concessions with the School District regarding the City’s loss of tax generation and the redevelopment of the downtown area. Administrator Ericson stated that the ISD#12 Board has a meeting on December 21, 2015 if any members of Council would be willing to participate to discuss alternative options for the property and parking lot options. Mayor Wilharber and Council Member Fehrenbacher volunteered to meet with the School District on this matter. Lengthy discussion ensued regarding size of building that could be constructed on the property, property tax generation on that building for years to come, parking requirements, downtown redevelopment, Planning & Zoning Commission concerns, downtown storm sewer, drainage, etc. 4. 2016 Mill & Overlay Project – Res. #15-038 – Receiving Bids, Ordering Improvement & Scheduling Assessment Hearing Engineer Statz reviewed the bid summaries with Council. Mayor Wilharber questioned the low bidder’s, Knife River, ability to complete the work and his familiarity of their workmanship. Engineer Statz stated that he is familiar with their work and believes that the City received very competitive bids from vendor’s of reputable firms. Discussion ensued regarding the 2016 Proposed Budget, Local Government Aid, Franchise Fees and how important they are to finance the pavement management plan. Council Member Fehrenbacher questioned Engineer Statz’s fees and were they realistic. Engineer Statz stated that he desired to keep fees low, that staff would be providing construction assistance as with previous projects and did not anticipate any modifications in the fee proposed. Page 8 of 10 City of Centerville Council Meeting Minutes December 9, 2015 Motion by Council Member Fehrenbacher, seconded by Council Member Paar to Adopt Resolution #15-038 – Receiving Bids, Ordering Improvement & Scheduling Assessment Hearing as presented. All in favor. Motion carried. IX. NEW BUSINESS 1. Presentation of 2016 Budget & Tax Levies – Res. #15-039 – Adopting Budget & Tax Levies for 2016 Discussion previously held at the beginning of the meeting. Motion by Council Member Paar, seconded by Council Member Fehrenbacher to Adopt Resolution #15-039 – Adopting Budget & Tax Levies for 2016 as presented. All in favor. Motion carried. 2. City Hall Security/Training Administrator Ericson stated that he recently attended an Active Shooter Session through Metro Cities and felt that with the numerous activities that have been transpiring it would be a good idea for council to consider this training through either the League of MN Cities or the Centennial Lakes Police Department. Council concurred and Administrator Ericson will schedule for both Council and Staff in the near future. 3. Approval of City Code, Second Series 74 & Summary Previously Discussed X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1.Administrator Ericson Mayor Wilharber stated the importance of resident’s reporting leakage in water/sewer mains to either the Public Works Department or the Police Department so appropriate action can be taken for the situation. Engineer Statz stated that the City’s lift stations have red lights on top of them which if lit alert individuals of a problem and have a telephone to contact. a. Administrator Review Administrator Ericson stated that he would include his annual review in the Closed Executive Session Agenda. Council Members requested that Administrator Ericson email the Appraisal Evaluation Forms to them in preparation. 2. Council Page 9 of 10 City of Centerville Council Meeting Minutes December 9, 2015 Council Member Love stated that the Planning and Zoning Commission has two (2) vacancies. Council Member Love also stated that the Commission had discussed the downtown development plan, policy for the reader board and school parking proposal/Mr. Steffel’s property. Administrator Ericson stated that he would research placing an ad in the local paper regarding the vacancies and ensuring that the web site also mentioned the item. Council Member Paar stated that the Parks & Recreation Committee has scheduled a Family Skate Night for January 9, 2016 at LaMotte Park commencing at 6:30 p.m. where they would be providing a bonfire, hot chocolate and popcorn for free. Council Member Paar stated that the event is weather/ice dependent. XI. ADJOURNMENT Motion by Council Member Parr, seconded by Council Member Fehrenbacher, to Adjourn the Regularly Scheduled Council Meeting of December 9, 2015 at 8:58 p.m. All in favor. Motion carried. Transcribed by Staff Member Teresa Bender, City Clerk Page 10 of 10