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Home My WebLink About2016-01-27 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING January 27, 2016 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of January 27, 2016 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Steve King Council Member D. Love Council Member Jeff Paar ABSENT: Council Member Ben Fehrenbacher STAFF: City Administrator Mike Ericson City Attorney Kurt Glaser I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:31 p.m. II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARING 1. Mayor Wilharber recognized the recent passing of Mr. Desmond England who served the community for nine years on the Centerville Fire Department and 23 years on the Centennial Fire Department until his retirement. IV. APPOINTMENTS/PRESENTATIONS 1. None. V. APPROVAL OF AGENDA Mayor Wilharber added Centerville Claims through January 27, 2016 (Check #29999-30004) & Voided Check #29983 under Consent Agenda. Mayor Wilharber stated that summaries to the ordinances for Franchise and Fees were before Council Member and requested that the previously approved Charitable Gambling Permit associated with the Centerville Lions Lynn Johnson Memorial Ice Fishing Contest scheduled for February 20, 2016 be amended to April 23, 2016, Cadillac Dinner due to the cancellation of the fishing contest be placed under New Business. Motion by Council Member Paar, seconded by Council Member Love to approve the Agenda as presented. All in favor. Motion carried. City of Centerville Council Meeting Minutes January 27, 2016 VI. APPROVAL OF MINUTES 1. January 13, 2016 City Council Meeting Minutes Council Member Love noted the comments on Page 2 of 12 and thought they were made by the City Engineer. Motion by Council Member Love, seconded by Council Member King to approve the January 13, 20156 City Council Meeting Minutes with the above stated amendment. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville January 14, 2016 through January 27, 2016 Claims (Check #29917-29970) W/Void Check 29946 & (Check #29999-30004) W/Void Check #29983 2. Centennial Lakes Police Claims through January 14, 2016 (Check #10668-10702) w/Voided Check #10667 Motion by Council Member King, seconded by Council Member Paar to approve the Consent Agenda as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Ordinance #75, Second Series – Franchise Agreement – Xcel Energy – Gas Both Mayor Wilharber and City Administrator Ericson thanked all involved in negotiating agreements with the utility companies stating that they are very complex. City Administrator Ericson acknowledged Collette Jurek from Xcel Energy for her involvement and participation in this evenings meeting. Attorney Glaser stated that all agreements and summary publications have been provided to Council for their review. Attorney Glaser explained that the summaries allow for printing a short description of the Ordinances which is much more cost effective that the complete documents. Attorney Glaser also explained that the agreements establish a relationship with the utility companies and franchise agreements to collect fees on behalf of the City allowing for a dedicated revenue stream for maintenance/projects. Attorney Glaser stated that each company is unique, however, the concept is the same. Attorney Glaser stated that the City is giving utility companies (Xcel, CenterPoint and Connexus) 20 year agreements to operate and maintain electric and/or gas utilities within Centerville. Attorney Glaser explained that the City has the right to manage right-of-ways allowing for proper notice of work to be completed or repairs, work with engineering regarding projects, moving utilities, work collaboratively and responsibly with each other and govern the relationship and coordination of work. Attorney Glaser also stated that the fee agreement sets fees, dedication to a public improvement and provides for Page 2 of 6 City of Centerville Council Meeting Minutes January 27, 2016 different classes of customers (residential/commercial). Attorney Glaser explained that residential customers would be charged a $4 fee per month and commercial customers would be charged an $8 fee per month depending on meters and usage. Attorney Glaser reviewed with Council that the City retains the ability to annually and collaboratively work with the utility companies if Council were to decide in the future that these fees are not enough or extremely high. Council Member King stated that he does not understand the franchise agreements, fees, and rate structure/billing. Attorney Glaser state that the utility companies will be completing informational marketing pieces stating that the fee that they are charging has been requested and approved by the City for dedicated public improvements (Street Use/Revitalization Fund). Attorney Glaser stated that the City is transparent and desires for residents to know of their choice. Council Member Paar questioned whether the City could rescind the fees in the future. Attorney Glaser stated at any point but no more than once a year. Mayor Wilharber stated that if another Council desired they could remove the fees altogether. Mayor Wilharber noted that churches and schools do not pay property taxes but have been utilizing public safety services, roadways and services provided by the City and County without contributing in costs associated with them. Mayor Wilharber stated that this is one way of having an equal playing field with these entities. Council Member Love questioned whether the City included them when involving their benefiting property in the Mill & Overlay maintenance program. Mayor Wilharber commented no and cemeteries cannot be specially assessed. Attorney Glaser stated that the City does have the ability to request that these entities pay but more times than not, they do not have the capability to pay. Council Member King stated that he would prefer to increase the tax levy to fund road maintenance/project so that residents may deduct it on their taxes rather than an additional tax/fee on their monthly utility bills. Mayor Wilharber explained that individuals that reside on County Roads generally do not pay for road projects or maintenance except through property taxes and in this instance would incur franchise fees. Discussion ensued regarding increasing property taxes versus resident’s ability to write it off through their property taxes. Attorney Glaser stated that a homeowner, if they operate a business out of the home, can write off a percentage of the use of the home but most residents do not operate a business out of their home. Attorney Glaser also reminded Council that the fee agreements can be revisited annually and adjusted if desired. Attorney Glaser stated that the Council could consider as a group if desired. Motion by Council Member Paar, seconded by Council Member Love to Adopt Items 1 – 8: Ordinance #75, Second Series – Franchise Agreement – Xcel Energy – Gas; Ordinance #76, Second Series – Franchise Fee – Xcel Energy – Gas; Ordinance #77, Second Series – Franchise Agreement – Connexus Energy – Electricity; Ordinance #78, Second Series – Franchise Fee – Connexus Energy – Electricity; Ordinance #79, Second Series – Franchise Ordinance - CenterPoint Energy – Gas; Ordinance #80, Second Series – Franchise Fee – Page 3 of 6 City of Centerville Council Meeting Minutes January 27, 2016 CenterPoint Energy – Gas; Ordinance #81, Second Series – Franchise Ordinance – Xcel Energy – Electricity and Ordinance #81, Second Series – Franchise Fee – Xcel Energy - Electricity as presented. Discussion ensued, Council Member Love stated that he tends to agree with Council Member King in that the City should increase the tax levy for these project but also understands the needed funding and does not feel delaying the passage of the ordinances are in the best interest of the City or its residents. Council Member King again stated his argument for monthly franchise fees versus a resident’s ability to deduct the amount their property taxes. All in favor. Motion carried. Motion by Council Member Paar, seconded by Council Member Love to Adopt Items #1- 8a: Res. #16-006-Res. #16-009 (Ordinance #75, 76, 77, 78, 79, 80, 81, & 81, Second Series Summaries as presented. Discussion ensued, Council Member King questioned whether the newspaper would be writing an article regarding Council’s actions this evening. Reporter Loretta Harding stated that if there was available room it would be included in the next publication. All in favor. Motion carried. 9. Centennial School District #12/Centerville Elementary School Parking Lot Administrator Ericson stated that he was informed by Superintendent Dietz who noted that the School District will proceed with the acquisition of 1709 Main Street through the eminent domain state statute. Administrator Ericson stated that the District understood community usage of the parking lot and was willing to continue those discussions in the future. 10. Res. #16-0XX – Fee Schedule 2016 (Should have been Ord. #83, Second Series) Attorney Glaser stated that action was taken on this item at the last meeting where it should have been an Ordinance rather than a Resolution. Motion by Council Member Love, seconded by Council Member Paar to Adopt Ord. #83, Second Series 2016 Fee Schedule as presented. All in favor. Motion carried. IX. NEW BUSINESS 1.Centerville Lions Request for Charitable Gambling Permit (Raffle) from February 20, 2016 (Annual Lynn Johnson Memorial Ice Fishing Contest ~ Cancelled) be Reassigned for April 23, 2016 (Cadillac Dinner) Motion by Council Member Paar, seconded by Council Member Love to Amend the date of the Centerville Lions Charitable Gambling Permit (Raffle) from February Page 4 of 6 City of Centerville Council Meeting Minutes January 27, 2016 20, 2016 (Annual Lynn Johnson Memorial Ice Fishing Contest) to April 23, 2016 (Annual Cadillac Dinner). All in favor. Motion carried. Council Member King questioned where the event was to be held and Mayor Wilharber stated at St. Genevieve Community Parish Center. X. COUNCIL & ADMINISTRATION ANNOUNCEMENT 1. Administrator Ericson a. Security Training Administrator Ericson stated that the Fete des Lacs Festival Committee has met three (3) times and has established great partnerships with the Centerville Lions, two (2) members of Council that plan the Fete des Lacs parade, members of the business community, two (2) members of Parks & Recreation Committee and City Staff. Administrator Ericson stated that the Parks and Recreation Committee has forwarded a recommendation to Council for hiring a Race Coordinator for the 5K/8K Walk/Runs with Council approving his negotiation for a contract with Wahoo Adventures Ms. Kerri Kolstad. Council Member King stated that North Metro would be researching equipment purchases and funding/bonding for equipment replacement with high definition capability and bringing their recommendations to the member cities for consideration in the near future. Council Member Paar stated that the last meeting of the Centennial Fire District Steering Committee with the inclusion of the City of Lino Lakes is tomorrow evening on January 28, 2016. They would be finalizing financial obligations. Council Member Paar also reported that Staff has done a wonderful job putting together a Committee for the planning of Fete des Lacs. He also commented that the Centerville Lions President Ms. Nancy Johnson and many others has been working hard to make this a successful celebration. Mayor Wilharber stated that the City of Lino Lakes officially on January 30, 2016 at 00:00:01 hours will be operating their own Fire Department. Mayor Wilharber stated that the next Centennial Lakes Police Governing Board meeting would be taking place on February 8, 2016 at the Centennial Lakes Police Department, 54 North, Circle Pines at 7:00 p.m. Mayor Wilharber stated that Sergeant Bill Jacobson from the Centennial Lakes Police Department would be providing Council with City Hall security training prior to the completion of the Regularly Scheduled Mayor Wilharber stated that Sergeant Bill Jacobson, Centennial Lakes Police Department, will be conducting City Hall security training with Council and Staff at 7:13 p.m. Page 5 of 6 City of Centerville Council Meeting Minutes January 27, 2016 XII. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member King, to Adjourn the Council meeting of January 27, 2016 at 7:48 p.m. All in favor. Motion carried. Transcribed by Staff Member Teresa Bender, City Clerk Page 6 of 6