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HomeMy WebLinkAbout2016-01-13 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING January 13, 2016 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of January 13, 2016 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love ABSENT: Council Member Jeff Paar STAFF: City Administrator Mike Ericson City Attorney Kurt Glaser City 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 HEARING The Mayor opened the public hearing at 6:32 p.m. 1. 2016 Mill & Overlay Project Special Assessments Engineer Statz explained to the Council and audience that this public hearing is the second of two which are required by state statute with the first public hearing addressing the improvement and the second in regards to special assessments associated with the project. Engineer Statz stated that the City has completed two similar projects in 2014 & 2015 as a replacement for sealcoating/road maintenance which many residents are familiar with. Benefited properties would be assessed $550 for a 1” overlay and those receiving a 2” overlay (Mill Road) would be assessed $750 except for one business. Engineer Statz discussed how corner lots would be assessed and explained that in the past benefiting properties with driveways abutting the roadway have been assessed. Engineer Statz explained that one home, 7254 Mill Road, which is an oversized lot with one parcel number that has been previously assessed for a similar project along its side yard is included in this assessment roll because it is receiving the project along the front yard and questioned how Council desired to address this one. Engineer Statz stated that construction would commence in City of Centerville Council Meeting Minutes January 13, 2016 early June, weather dependent. Engineer Statz commented that the Public Works Staff would be adjusting structures in July with the final lift of asphalt in early August. City Attorney Glaser stated that residents have an opportunity to contest the assessments if they desire to do so here at the public hearing, sign the sign-in sheet and file an appeal to the district courts within 30 days. City Attorney Glaser explained that residents must file a written objection with the City and had an opportunity to complete that this evening. Mr. Chris Sawyer, 6881 Deer Court, stated that he was unable to attend the first public hearing regarding the project and was unaware of the scope of the project. Mr. Sawyer stated that he felt that his property taxes were large enough to cover the costs of the project, hoped that the City had completed the bid process and felt the roadway needed the maintenance. Engineer Statz stated that all Chapter 429 projects along with projects that costs exceed a specific threshold require the bid process, nine bids were received and the low was less than $2,000 a part. He stated that the bids were competitive. Engineer Statz noted that Mr. Sawyer’s roadway would receive a 1” overlay and his proposed assessments would be $550. Engineer Statz stated that the City decided several years ago that a thin mill and overlay would replace the City’s previous road maintenance of sealcoating due to evidence provided by the industry. Staff noted that it prolonged the life of the roadway and was more economical and less intrusive to residents. Engineer Statz also stated minimal curb replacement would be completed and sloping of the new asphalt would ensure proper runoff. Engineer Statz added that residents are only being charged 25% of the costs of completing the project with the City bearing 75% of the costs. Engineer Statz stated that the Public Works Staff has been assisting in the projects decreasing costs to both the City and benefiting properties. Council Member Fehrenbacher stated that Council has chosen to be proactive regarding maintaining roadways with the mill and overlay program rather than ignoring the roadway until such time that a full reconstruction, ponding and raingardens are needed which would increase the costs to benefiting property owners substantially. Engineer Statz stated that MNDOT research is in favor of mill and overlay instead of sealcoating because it provides more life expectance to the roadway. Public Works Director Palzer also believes this approach. Mayor Wilharber stated that the pea sized rock used in sealcoating is prone to be tracked into homes, garages and small children can get injured if they fall in the roadway. Mayor Wilharber stated that Council has determined that they desire to provide this time of maintenance rather than sealcoating. Mr. Jon Grahek, 6970 Meadow Circle, stated that he and his family have lived in Centerville since 1999. He knew that taxes were and this is the first time he has been assessed and suggested that he would rather pay more a year and have his tax dollars set aside for future projects. Mr. Grahek felt that the letter that he received gives him little to no time to plan and budget for the $550 expense. Mr. Grahek also commented that the storm drains on Meadow Lane were too low and vehicle traffic is driving around them. He hoped that the roadway would be completed correctly. Page 2 of 12 City of Centerville Council Meeting Minutes January 13, 2016 Engineer Statz stated that Staff has adjusted many manholes and structures associated with the previous projects, thought that all had been completed by Staff and would ensure that all structures would be level with the roadway unless they needed to be lowered for drainage. Mayor Wilharber stated that a resident had contacted him from 6872 Deer Court questioning the assessment, project and property taxes. Mayor Wilharber stated that he explained the project and discussed the work to be completed and Council’s budgeting for road maintenance. Engineer Statz stated that residents would have an opportunity to pay the assessment in full without incurring interest by a set date chosen by Council this evening, residents would be given an opportunity to pay assessments with accrued interest through November 15 without it being certified to their property taxes. Engineer Statz also stated that once the assessment is certified to the County residents have an opportunity to pay in full with interest accrued through the end of the year in the year that they make payment. Council Member Love stated that his road was completed last year and he is satisfied with the work and the assessment. Jacob Olson, 1982 Cardinal Drive, questioned whether the contractor could pave his driveway at the same time as the project. Engineer Statz stated that this has been the practice of some contractors in the past. The work would be a private agreement between the homeowner and contractor and Mr. Olson could contact the awarded bidder if he wished to secure their services for that purpose. Council Member King questioned whether special assessments are tax deductible. Both Engineer Statz and Legal Counsel Glaser stated generally no. Mayor Wilharber closed the public hearing at 6:51 p.m. Mayor Wilharber opened the public hearing at 6:52 p.m. 2. Ordinance #75, Second Series – Franchise Agreement – Xcel Energy; Ordinance #76, Second Series – Franchise Fee – Xcel Energy; Ordinance #77, Second Series – Franchise Agreement – Connexus Energy; Ordinance #78, Second Series – Franchise Fee – Connexus Energy; Ordinance #79, Second Series – Franchise Agreement – CenterPoint Energy; Ordinance #80, Second Series – Franchise Fee – CenterPoint Energy; Ordinance #81, Second Series – Franchise Agreement – Excel Energy; and Ordinance #82, Second Series – Franchise Fee – Excel Energy Purpose of funding the street maintenance program and importanat work with individually with all utilities. Staff did schedule under state statute public comment with franchise providing additional funding for street maintenance program. Administrator Ericson stated that the draft ordinances contained in the packet were for review processes only and numerous suggestions have been provided by Engineer Statz that will be Page 3 of 12 City of Centerville Council Meeting Minutes January 13, 2016 discussed later. Administrator Ericson stated that Ms. Collete Jurek, Manager – Community Relations & Economic Development for Connexus Energy was present if questions arose. Subsequent to audience comment, none – Mayor Wilharber closed the public hearing at 6:54 p.m. IV. APPOINTMENTS/PRESENTATIONS 1. None. V. APPROVAL OF AGENDA Mayor Wilharber added Centerville Claims through January 13, 2016 (Check #29971-29981) under Consent Agenda. Administrator Ericson stated that Item X. Council & Administration Announcements 1. Administrator Ericson Item b. incorrectly stated January 24, 2016 instead of January 27, 2016. Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve the Agenda as presented. All in favor. Motion carried. VI. APPROVAL OF MINUTES 1. December 9, 2015 City Council Meeting Minutes Motion by Council Member Love, seconded by Council Member King to approve the December 9, 2015 City Council Meeting Minutes as presented. All in favor. Motion carried. 2. December 16, 2015 Special City Council Meeting & Closed Executive Session Minutes Motion by Council Member Fehrenbacher, seconded by Council Member King to approve the December 16, 2015 Special City Council Meeting & Closed Executive Session Minutes as presented. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville December 10, 2015 through January 13, 2016 Claims (Check #29917-29970) W/Void Check 29946 & (Check #29971-29981) 2. Centennial Fire District Claims through December 30, 2015 (Check #7234-7263) w/Check #7247-7250 Payroll & Voided Check #7139, 7247-7250 & 7236 3. Centennial Lakes Police Claims through December 29, 2015 (Check #10628-10666) 4. Parks & Recreation Committee Recommendation to Work w/Centerville Lions Purchase & Dedication of Park Bench (Hidden Spring Park, Mel & Joyce Dupre) 5. Accept Donation from Dead Broke Saddle Club – Parks & Recreation Page 4 of 12 City of Centerville Council Meeting Minutes January 13, 2016 6. Successful Performance Review, Completion of Year 17, City Clerk, Ms. Teresa Bender Mayor Wilharber requested a correction to Item #4, stating that it should be Trailside Park rather than Hidden Spring Park and requested that Item #6 be pulled from the Consent Agenda for further discussion. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve Items #1-5 of the Consent Agenda with the above note modification as presented. All in favor. Motion carried. Mayor Wilharber desired to recognize Ms. Bender for her years of service stating that she is the second longest standing member of Staff currently with several other members just slightly behind her. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve Item #6 of the Consent Agenda as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. 2016 Mill & Overlay Project a. Res. #16-0XX – Adopting Special Assessments on 2016 Street Mill & Overlay Improvements Additional discussion ensued regarding corner lots, benefiting properties, past policy regarding mill and overlays versus full reconstruction regarding corner lots and assessment, the assessment of 7254 Mill Road previously (2014 Mill & Overlay Project) and inclusion on this assessment roll. Engineer Statz stated that at the Council’s public hearing on the improvement Mr. Joseph Meath, 7246 Mill Road, questioned corner lots, assessments and felt that being that he had previously been assessed he should not be assessed for the mill and overlay. Engineer Statz stated that Mr. Meath was previously assessed for a full road reconstruction along Prairie Drive versus a mill and overlay. Engineer Statz stated that with the previous road reconstruction project, Mr. Meath was referring to his assessment which was based on a corner lot and the assessment was calculated per the assessment policy ($2,734.88 = 100% of abutting frontage on Prairie Drive). Engineer Statz stated that this project is not a full reconstruction and road maintenance along Mill Road which Mr. Meath’s driveway and home fronts. Council Member Love questioned whether Council was comfortable with the amount of $550 for the 1” mill and overlay and $750 for the 2” mill and overlay as last year he believe the fee was $525 for the 1”. Council Member Fehrenbacher stated that Mill Road was never brought up to standards and the additional two hundred dollars was well below cost and a good value. Engineer Statz stated that there is one business affected by the mill and overlay project along Mill Road and the proposed assessment is $1,128. Engineer Statz stated that the calculation is Page 5 of 12 City of Centerville Council Meeting Minutes January 13, 2016 based on existing assessment policy with 191 feet of abutting frontage on Mill Road similar to a residential property. Motion by Council Member Fehrenbacher, seconded by Council Member King to approve Res. #16-001 – Adopting Special Assessments on 2016 Street Mill & Overlay Improvements along with its assessment roll excluding 7254 Mill Road. Council Member Love stated that he disagrees with the handling of assessments associated with street maintenance, supports the street maintenance program and importance of keeping the roadways in good condition, struggles with increasing taxes but also understands first hand in seeing and benefiting from the mill and overlay project. Discussion ensued regarding the benefits from the street maintenance project, added roadway life expectancy, future funding, increasing taxes, inability to deduct assessments versus property tax deduction and justification for assessment/benefiting properties. All in favor. Motion carried. b. Res. #16-0XX – Accepting Bid for Construction of Improvement Engineer Statz stated that if Council desired to move forward with the project, they would need to accept and award the bid per the presented resolution. Engineer Statz stated that Knife River Corporation – North Central was the lowest bidder at $233,440. Engineer Statz stated that he felt that Knife River was responsive and responsible. Motion by Council Member Fehrenbacher, seconded by Council Member Love to adopt Res. #16-002 – Accepting Bid for Construction of Improvement as presented. All in favor. Motion carried. 2. Ordinance #75, Second Series – Franchise Agreement – Xcel Energy; Ordinance #76, Second Series – Franchise Fee – Xcel Energy a. Ordinance #75 & #76, Second Series Summaries 4. Ordinance #77, Second Series – Franchise Agreement – Connexus Energy 5. Ordinance #78, Second Series – Franchise Fee – Connexus Energy a. Ordinance #77 & #78, Second Series Summaries 6. Ordinance #79, Second Series – Franchise Agreement – CenterPoint Energy 7. Ordinance #80, Second Series – Franchise Fee – CenterPoint Energy a. Ordinance #79 & #80, Second Series Summaries Page 6 of 12 City of Centerville Council Meeting Minutes January 13, 2016 Administrator Ericson stated that Council desired to schedule a public hearing for this meeting and staff completed that task. Administrator Ericson also stated that staff has spent an extensive amount of time working on the presented draft ordinances. Engineer Statz and Legal Counsel Glaser reviewed with Council several concerns that they felt Council needed to address which would affect the draft agreements and they are as follows:  Bonds/Insurance Staff felt that some form of surety (a bond or letter of credit) should be issued by the utility(ies) when working within our right-of-ways to protect the City against damage to infrastructure and require timely repair. Staff also suggested requiring a certificate of insurance for similar reasons. Utility(ies) position is that bonds and other surety are unnecessary expenses and that the City is protected by the franchise agreement(s) and state law which require the utility(ies) to repair damaged infrastructure along with the Public Utilities Commission and/or Office of Pipeline Safety if unresolved issues are not remedied and have the ability to intervene on the City’s behalf. Council felt that the City was protected by the Public Utilities Commission and/or Office of Pipeline Safety and concurred that a bond, letter of credit or security was not needed.  Abandonment of Facilities Staff felt that language should be included in the ordinances that require removal of abandoned facilities if and when the City reconstructs roadways above their facilities. Utility(ies) position is that the agreements general stated that they will remove abandoned facilities if they are in the way of the current project. Council questioned the probability of this and staff replied not often and reminded Council that the agreements are for a 20 year term. Council felt that sufficient language was already contained in the agreements to ensure removal if hindering our infrastructure, but if Staff desired it would be taken into consideration.  Location of Facilities Staff felt that language should be included to allow the City’s standards and policies to guide the placement of utilities in the right-of-ways. Utility(ies) position is that they do not wish to have the City dictate the location of their facilities. City Attorney Glaser stated that if the City desired to adopt an ordinance dictating the location of facilities they could but currently have nothing in place. Council thanked Staff for their proactivity. Engineer Statz stated that the City has not experienced an issue in the past. Council felt that discussions could take place between the Page 7 of 12 City of Centerville Council Meeting Minutes January 13, 2016 entities when construction was occurring and it behooves the utility(ies) to remove their abandoned facilities and work with City’s when construction occurs. Council felt that an ordinance should be looked at in the future.  Advance Notice of Projects Staff position is to rely on current law which requires us to hold at least one Preliminary Design Meeting and a Preconstruction Conference to give utilities advanced notice of projects. Utility(ies) position is that they would like more specific language about advanced notification. Engineer Statz stated that staff has a good relationship with the utilities, that law addresses the issue but the utility(ies) desire something more lax than state law. Engineer Statz and Legal Counsel Glaser felt that the utilities have lobbyists to modify laws and they desire things in their favor. Attorney Glaser stated that the utilities have many franchise agreements with many cities and it is in their interest to have consistency with them for ease of compliance and substantial modifications to the agreements make it difficult for them. Attorney Glaser states that the utilities are successful partners with the cities and are regulated by bodies which take public input very seriously and they have a strong incentive to remedy situations that may arise. Mayor Wilharber stated that the agreements remain in draft form and discussions will continue to take place with new agreements being anticipated for Council’s next meeting. Motion by Council Member Fehrenbacher, seconded by Council Member King to table VIII. New Business Items #2-7 to Council’s next Regularly Scheduled Meeting. All in favor. Motion carried. 8. Centennial School District #12/Centerville Elementary School Parking Lot Administrator Ericson stated that Mayor Wilharber and Council Member Fehrenbacher met with two members of the school board (Chair, Vice Chair, Dan Hoffman - Business Manager & Superintendent Dietz). The Mayor and Council Member Fehrenbacher shared the City’s vision for the downtown and the School District shared their vision for enlargement of their parking lot, student/staff safety and future expansion of additional classrooms. Council Member Fehrenbacher stated that the District is not looking at purchasing or proceeding with eminent domain actions on any other properties between Centerville Road and Progress Street. Council Member Fehrenbacher also stated that he believe that court proceedings for the eminent domain of 1709 Main Street commenced the following day. Council Member Fehrenbacher reported that the District is disappointed with the City’s downtown redevelopment plans and their lack of involvement with the plans. Council Member Fehrenbacher stated that discussions ensued regarding the possibility of utilization of the school’s existing parking lot for City functions (festival, farmers market and downtown parking) allowing for additional funding Page 8 of 12 City of Centerville Council Meeting Minutes January 13, 2016 that the District would have available for the purchase of the property rather than proceeding with the eminent domain and removing the property from the tax base. Attorney Glaser stated that the court will issue an order and if that order allows for the eminent domain the property can never return to the tax base and is considered public land, tax exempt. Attorney Glaser stated that the process could happen quickly or just slightly under 90 days. Discussion ensued regarding the use of taxpayer money, eminent domain for a public purpose, future downtown redevelopment, importance of high visibility location, value of the property versus purchase price, District’s ability to feel secure with the City. Mayor Wilharber stated that the item is purely information and no action was needed. 9. Official Letter of Termination of Purchase Agreement – Ruffridge Johnson Mr. Lou Suski, Gaughan Company, stated that the City has received official purchase agreement termination notice. Mr. Suski stated that the buyer of Ruffridge Johnson’s existing Minneapolis buildings were unable to obtain financing and have terminated their purchase agreement. Mr. Suski also stated that as Council is aware their agreement was contingent upon the selling of their existing property. Mr. Suski also stated that Ruffridge Johnson has requested to enter discussions to reinstate the purchase agreement on mutually acceptable terms. Mr. Suski reported that he would not recommend tying the property up for a lengthy period of time (1 year, April, 2017) as others may be interested and he would be disappointed if another offer were to become available, however, if a guarantee and not refundable earnest money were involved Council may desire to consider. Discussion was had by Council regarding when the market would be becoming active again, shovel ready designation, election year and other driving factors to the market place such as stock market and gas prices. Motion by Council Member King, seconded by Council Member Love to not renew the purchase agreement on mutually acceptable terms. All in favor. Motion carried. Mr. Suski reported that the market should be picking up again within the next few weeks. IX. NEW BUSINESS 1. Res. #16-0XX – 2016 Fee Schedule Administrator Ericson stated that the presented 2016 Fee Schedule does not include fee increases except for a slight increase in water meter costs. Discussion ensued regarding selling of water meters to homeowners when the water meter remains with the home. Administrator Ericson stated that the water meter is contained in the Page 9 of 12 City of Centerville Council Meeting Minutes January 13, 2016 building permit and then becomes a part of the home. He explained that generally the contractor pays for the building permit. Motion by Council Member Love, seconded by Council Member Fehrenbacher to adopt Res. #16-0XX – 2016 Fee Schedule as presented. All in favor. Motion carried. 2. Res. #16-004 – 2016 Appointments Administrator Ericson stated that he is looking forward to the upcoming year and staff would adjust accordingly to modifications desired by Council. Mayor Wilharber requested that the address of the Centennial Fire District Steering Committee meetings be modified to something other than the Lino Lakes location and the Rush Line Corridor meetings be modified to the Maplewood Community Center, 2100 White Bear Avenue, Maplewood. Motion by Council Member King, seconded by Council Member Fehrenbacher to adopt Res. #16-004 – Authorizing Appointments for 2016 as amended. All in favor. Motion carried. 3. Res. #16-005 – Acting Mayor & Order of Succession Administrator Ericson stated that it is consistent with past practice. Motion by Council Member Love, seconded by Council Member Fehrenbacher to adopt Res. #16-005 – Appointing Acting Mayor & Order of Succession. All in favor. Motion carried. 4. Reader Board Policy Administrator Ericson stated that subsequent to a local business requesting usage of the City’s reader board, the Planning & Zoning Commission drafted a formal policy and has recommended its adoption by Council. Discussion ensued regardingadding additional entities that may not be registered as a non-profit such as school events or Fete des Lacs events along with registered non-profit organizations outside of the City of Centerville but events are located within the City of Centerville. Motion by Council Member Love, seconded by Council Member Fehrenbacher to adopt the Reader Board Policy with the above mentioned amendments. All in favor. Motion carried. 5. Schedule 2016 City Council Goalsetting Session Administrator Ericson stated that he would like to schedule the Goalsetting Session as soon as possible to accommodate members’ schedules. Council Member Love believes that it is important to include the input of all Committees and Commissions and suggested the first meeting in February. Page 10 of 12 City of Centerville Council Meeting Minutes January 13, 2016 6. Parks & Recreation Committee Recommendation to Authorize Administrator to Negotiate Contract Services w/Wahoo Adventures for 5K/8K/Run/Walks w/Kerri Kolstad as Race Coordinator Administrator Ericson stated that Ms. Kolstad appeared before the Parks & Recreation Committee at its last meeting with a proposal for being the annual Fete des Lacs Race Coordinator and providing associated services. Administrator Ericson reported that the Parks & Recreation Committee recommended to Council to allow him to negotiate a contract with Ms. Kolstad’s firm Wahoo Adventures for the upcoming runs/walk. Discussion ensued regarding marketing the event outside of the City and expenses versus profit. Motion by Council Member Fehrenbacher, seconded by Council Member King to authorize the Administrator to negotiate a contract for services with Wahoo Adventures for the 5K/8K/Run/Walks as Race Coordinator. All in favor. Motion carried. X. COUNCIL & ADMINISTRATION ANNOUNCEMENT 1. Administrator Ericson a. Waste Management Rate Increase Administrator Ericson stated that due to Great River Energy’s hauling fee increases and Waste Management’s Consumer Price Index contract increase requirement, residents will receive a slight increase (1%). Mayor Wilharber questioned obtaining requests for proposal for garbage/recycling services in the future as he has received numerous complaints and it has been several years. Mayor Wilharber has stated that he is very satisfied with the job that Waste Management has been doing it just would be economically wise to consider alternative providers. b. City Council Security Training January 27, 2016/CLPD Administrator Ericson stated that the Centennial Lakes Police Department would be providing active shooter training at Council’s next meeting following the regular agenda items. Attorney Glaser and Engineer Statz both thanked Council for their reappointments for the upcoming year. Council Member Love stated that the Planning & Zoning Commission has been reviewing the Metropolitan Council System Statement for the City and reminded the audience that they still have two vacant seats on the Commission. RECESS TO CLOSED EXECUTIVE SESSION Page 11 of 12 City of Centerville Council Meeting Minutes January 13, 2016 Mayor Wilharber stated that Council would be taking a three minute break prior to recessing to the scheduled Closed Executive Session at 8:32 p.m. 1. Pending Litigation – 7261 Main Street Attorney Glaser brought Council up to date on the status of the purchase agreement, failure to comply and lack of contact by Mr. Magdik. Discussion ensued regarding the City’s option to terminate the purchase agreement. 2. Administrator Performance Review Due to Council Member Paar’s absence and the lengthy meeting, Council rescheduled for continue the review of the Administrator in February. Mayor Wilharber adjourned the Closed Executive Session at 8:48 p.m. XI. ADJOURNMENT FROM CLOSED EXECUTIVE SESSION/RETURN TO SPECIAL COUNCIL MEETING Mayor Wilharber reconvened the Regularly Scheduled Council Meeting at 8:49 p.m. Motion made by Council Member Fehrenbacher, seconded by Council Member Love to terminate Mr. Magdik, Home Detail, Inc.’s purchase agreement for 7261 Main Street. All in favor. Motion carried. XII. ADJOURNMENT Motion by Council Member Fehrenbacher, seconded by Council Member King, to Adjourn the Council meeting of January 13, 2016 at 8:51 p.m. All in favor. Motion carried. Transcribed by Staff Member Teresa Bender, City Clerk Page 12 of 12