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HomeMy WebLinkAbout2016-12-14 CC Minutes - (Approved)CITY OF CENTERVILLE CITY COUNCIL MEETING MINUTES December 14, 2016 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of December 14, 2016 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Jeff Paar Council Member Steve King Council Member D. Love ABSENT: Council Member Ben Fehrenbacher STAFF: City Engineer Mark Statz City Attorney Kurt Glaser City Administrator Mike Ericson City Finance Director Ellen Pauselth COUNCIL MEETING I. CALL TO ORDER 1. Roll Call approved Mayor Wilharber called the meeting to order at 6:32 p.m. IL PLEDGE OF ALLEGIANCE III. Mayor Elect Paar - Special Recognition for Outgoing Mayor Tom Wilharber Mayor Elect Paar requested to recognize outgoing Mayor Tom Wilharber for his 38 years of dedicated public service to the citizens of the City of Centerville. He stated that Mayor Wilharber has been active on numerous Councils, Boards, Committees and Community Organizations throughout the years along with a career as a Chief Warrant Officer Five for the Minnesota Army National Guard. Mayor Elect Paar read Resolution 416-038 — A Resolution Recognizing Thomas D. Wilharber for his 38 Years of Dedicated Public Service to the City of Centerville. Mayor Elect Paar stated that Mayor Wilharber has always been available to assist all in need. Administrator Ericson stated that the City desired to give to Mayor Wilharber a memorial gavel as a small token of their appreciation and presented it to him. Council Member Love thanked Mayor Wilharber for his guidance, leadership and dedication. Council Member King agreed. Both City Attorney Glaser and Engineer Statz stated that City of Centerville Council Meeting Minutes December 14, 2016 Mayor Wilharber was a pleasure to work with and the citizens of Centerville will miss him. Public Works Director Palzer also thanked Mayor Wilharber for his service. Motion by Council Member Paar, seconded by Council Member Love to Adopt Res. #16-038 — Resolution Reco2nizin2 Thomas D. Wilharber for His 38 Years of Dedication Public Service to the City of Centerville. Mayor Wilharber abstained. Motion carried. Mayor Wilharber accepted both the framed resolution and plaque. His family was present in the audience. Mayor Wilharber reviewed items that had been accomplished during his tenure (new city hall, mill & overlay projects, decrease in debt from 10 million to 6.9 million, sale of several City owned parcels, trail system along Centerville Road between Dupre and Meadow Lane, CSAH 21, storm water irrigation, watertower, Tri - City Fire District, park expansions and LED City sign. He thanked his family for allowing him volunteer so much of his time. Mr. Donald Opp, 7124 Progress Road, stated that he was present to discuss the increase in his property tax. He stated that his taxes have increased 31 % and he felt that for the increase he should own a portion of the street and his tenant's should be allowed to park on Progress Road. Mr. Opp stated that this is a significant increase. Mayor Wilharber questioned the amount of the City portion of the property taxes and Mr. Opp stated that it was $2,226. Administrator Ericson stated that he would make available Mr. Ken Tolzman's contact information to Mr. Opp to discuss the value of the building and land. Staff noted this issue would be discussed at the Board of Review & Equalization meeting scheduled in April. Mr. Opp stated that he is familiar with Mayor Wilharber and stated that the City is losing a good Mayor. Mayor Wilharber Opened the TNT Hearing at 6:56 p.m. III. PUBLIC INPUT ON 2017 BUDGET & TAX LEVIES (TNT Hearing) Finance Director Paulseth stated that the City must certify to Anoka County its 2017 Budget & Tax Levies by the end of the month. She gave a brief overview and stated that the budget would have a 5.8% increase to the tax levy and it was mostly due to an increase in costs for public safety services. She stated that the median value tax capacity rate went down but values increase on average $43. She complimented Council for their continued diligence regarding the tax capacity rate and keeping the levy down for the last six (6) years. She stated that debt for the City continues to decrease and will continue if the Ruffridge Johnson Equipment purchase agreement is finalized. Mayor Wilharber provide the public with an opportunity to speak. No one addressed the Council so he closed the hearing. IV. PUBLIC HEARING Page 2 of 10 City of Centerville Council Meeting Minutes December 14, 2016 Mayor Wilharber Opened the Public Hearing at 7:02 p.m. 1. Proposed Improvements — 2017 Mill & Overlay Project Engineer Statz stated that this Public Hearing is the first of two (2) that are required for the 429 process (special assessments) and obtaining public input. He stated that the meeting is to obtain public input regarding the project itself and whether it is necessary. Engineer Statz gave a brief overview of the streets that will be contained within the project; Beaver Pond Way (175' South of Hunters Trail to and including the cul de sac of its termination), Gateway Circle (Entirety), Mound Court (Entirety), Mound Trail (from Main Street to City Limits). He also stated that several pedestrian trails would be completed with the project; Acorn Creek Park Trail(s) — 1,068', Eagle Pass, Eagle Trail to Brian Drive — 350', Between Hunters 1st and 2nd Addition — 1,050', West side of Hunters 1st Addition — 1,228', E -W middle of LaMotte Park — 585', Brian Way to West Robin Lane — 277' and Pheasant Marsh 2nd Addition, N.W. of Dupre Road — 1,423'. Discussion ensued regarding the ability to specially assess two (2) residents whose property abuts Mound Trail but technically are in the City of Lino Lakes. The City of Lino Lakes has been approached regarding completing the entire cul de sac which a small portion is within their community. Engineer Statz stated that 99% of the cul de sac is within the City of Centerville and Lino Lakes would not mind if we assumed the costs to complete the entire cul de sac. He also stated that we have previously assessed these two (2) residential properties for other project and they benefit from the roadway. City Attorney Glaser concurred that in the past the City has specially assessed them and it is acceptable practice. Engineer Statz distributed a map of the areas that the project would cover stating that the roadway and pedestrian trails would be milled and then receive a new lift coating of asphalt. Of F. He stated that several years ago, the City along many other communities found that this type of maintenance was more advantageous than seal coating and the application of small rocks even though it is more expensive it lasts for approximately 15 years. Engineer Statz stated that most benefiting properties will have an assessment amount similar to years past ($500-$550) with the exception of Gateway Circle which was an amount multiplied by the square footage of each parcel. He stated that the pedestrian trails would not have assessments associated with them and that the City would be assuming 75% of the costs associated with the project. Mayor Wilharber questioned a trail on the north side of Centerville Road where it drops off significantly and whether this area would be corrected with the project. Engineer Statz stated that he would discuss this specific trail with the Public Works Staff, however the project will be taking into consideration pooling of water areas, uneven areas on the sides of the specific trails, etc. Mayor Wilharber then questioned areas of trails that may be breaking up due to tree roots and Engineer Statz stated that these areas would be remedied also. Council Member King questioned the milling of pedestrian trails and Engineer Statz stated that the equipment for milling a small width is expensive and that the contractor would be applying a tacking coat and then new asphalt rather than milling. He stated that it adds approximately 1 to 2" inches of asphalt in areas and assists the trail in being higher than vegetation abutting the trail. Page 3 of 10 City of Centerville Council Meeting Minutes December 14, 2016 He also stated that the City's Lead Project Coordinator would be working closely with the Contractor ensuring that areas needing additional work would be addressed. He did not believe there would be many. Discussion ensued regarding the City's road maintenance funding levels and Engineer Statz stated that 2016 Mill & Overlay budget was under by $25,000 and ample funding was available for the project. Engineer Statz stated that he anticipated that bids would be in line and competitive due to being early in the season and contractors are preparing for the year. He stated that he will be satisfied if we receive 4 to 5 bids. Mr. Colin Cherry, 1299 Mound Trail, questioned the determination for the need to complete the project and felt that his road was in good condition. Engineer Statz stated that the roadway has not been maintained on a regular basis, that the mill and overlay is preventative maintenance and will add approximately 15 years to the life of the roadway. He explained that is was similar to changing the motor oil in an automobile. He stated that most individuals are familiar with sealcoating rather than a mill and overlay which is believed to keep the roadway in the best condition. Council Member Love state that the City adopted a Pavement Management Plan several years ago, it takes into consideration the age of the roadway, amount of available funding and being proactive rather than reactive. Mr. Cherry felt that the Council's decision should not just be based on the age of the roadway. Engineer Statz stated that the overlay needs to be completed prior to having breakups and potholes so the City is being slightly more aggressive with their plan. Ms. Nancy Laska, 1393 Mound Trail, had concerns regarding the deadline for connecting to municipal water. She stated that her father was on Council many years ago, understands the hard decisions made by Council and believes the road is in good condition. Engineer Statz stated that most of the streets within the City, except for the downtown area, following this project will be in good shape as most have either been reconstructed or received an overlay. Brief discussion ensued regarding possible assessments associated with the project and it was stated that approximately $550 however that would be determined at another public hearing and not this evening. Motion by Council Member King, seconded by Council Member Love to Close the Public Hearing at 7:27 p.m. All in favor. Motion carried. IV. APPROVAL OF AGENDA Mayor Wilharber stated that the agenda should reflect the addition of Checks 430708-30601. Mayor Wilharber provided an opportunity for Council Members to add additional items or remove items for further discussion. Council Member King requested that Item 413 be removed for additional discussion. Motion by Council Member King, seconded by Council Member Paar to approve the Agenda as presented. All in favor. Motion carried. Page 4 of 10 City of Centerville Council Meeting Minutes December 14, 2016 V. APPROVAL OF MINUTES 1. November 16, 2016 City Council Meeting Minutes Mayor Wilharber provided Council with an opportunity to make modifications. Motion by Council Member Love, seconded by Council Member King to approve the November 16, 2016 City Council Meeting Minutes as presented. All in favor. Motion carried. Paar abstained VI. CONSENT AGENDA 1. City of Centerville November 17, 2016 through December 14, 2016 Claims (Check #30707-) 2. Centennial Lakes Police Department through December 7, 2016 Claims (Check #11155-11215) 3. Centennial Fire District through November 30, 2016 Claims (Check 7684-7697) 4. Renewal of Tobacco License for 2017 Subject to Successful Centennial Lakes Police Background Check a. CenterMart 5. P & R Committee Recommendation to Approve Olson's Sewer Service, Inc. as Contractor for the Laurie LaMotte Memorial Park Sledding Hill - $5,701.25 6. P & R Committee Recommendation to Approve the Purchase of Approximately 125 Tons of Ballfield Granular Rock In Fields — Bryan Rock Products 7. P & R Committee Recommendation to Approve Purchase of New Sound Equipment for Music in the Park 8. Successful Performance Review — Mr. Tedd Peterson, Public Works Maintenance Technician 9. Res. #16-OXX — Amending Resolution #16-031 to Include Additional PIN Numbers 10. Res. #16-OXX — Abatement of Special Assessments Certified to 2016 Payable Taxes Due to Prepayment 11. City Hall Hours (December 23, 2016 & December 30, 2016) — Closed �/z Day Christmas Eve Day & �/z Day New Year's Eve Day w/Employee's Use of PTO Time for Missed Hours Similar to Last Year 12. Accept & Approve Resignation of Mr. Matt Montain & Mr. Russ Koski from Planning & Zoning Commission 13. Approve Survey of City Owned Downtown Parcels by Stantec 14. Final Payment — 2016 Mill & Overlay Project (Knife River Corporation) Mayor Wilharber desired to remove Consent Agenda Items 45-7, Council Member Love desired to remove Consent Agenda Item 412 and Council Member King desired to remove Consent Agenda Item #13 for further discussion. Motion by Council Member King, seconded by Council Member Paar to Approve Consent Agenda Items E14 and #8-11 as presented. All in favor. Motion carried. Page 5 of 10 City of Centerville Council Meeting Minutes December 14, 2016 Mayor Wilharber questioned whether funding was available for Consent Agenda Items 45-7 and Administrator Ericson concurred. Motion by Council Member Love, seconded by Council Member King to Approve Consent Agenda Items #5, #6 and #7 as presented. All in favor. Motion carried. Council Member Love thanked both Matt Montain and Russ Koski for their service and stated that he looked forward to working with them as Council Members. Motion by Council Member Love, seconded by Council Member Paar to Approve Consent Agenda Item #12 as presented. All in favor. Motion carried. Council Member King questioned whether surveying of the City owned parcels had been completed previously and whether this is the buyer's responsibility. Administrator Ericson stated that the City's broker has requested that a formal survey be completed to properly market the parcels. Engineer Statz explained that there are several types of surveys such as typographical and land surveys. He also stated that it is general practice that the seller provide the buyer with surveys that are current and the fees generally are contained in the purchase price. Motion by Council Member King, seconded by Council Member Paar to Approve Consent Agenda Item #13 as presented. All in favor. Motion carried. VII. OLD BUSINESS 1. P & Z Recommendation for Approval of Application for Lot Split/Rezone — 7384 Old Mill Road Administrator Ericson stated that the Planning & Zoning Commission originally tabled the item as they requested that Staff contacted the property owners and complete additional research regarding the request. Subsequent to speaking with the property owners and additional research it was placed back on the Commission's agenda for consideration. Attorney Glaser stated that the City could approve the request for the lot split along with rezoning from R-5 to R-2 as it fits within the Comprehensive Plan and the property owners cannot develop the property further without platting and addressing the existing roadway issue of exceeding 800'. Attorney Glaser stated that a requirement of the R-2 zoning would complicate the existing driveway on the westerly portion of the property (4 acres) where the current home is. He stated that the City Code reads that all R-2 parcels have a dust free driveway and Ms. Fruth's driveway does not meet those requirements. He suggested that with ongoing issues that the existing homeowner has had and on numerous occasions requested that the repairs be made at the City's expense, Council may desire to complete the asphalting of the entire driveway as the property owner has requested in the past. Lengthy discussion was had regarding proper noticing of the meeting, 60 day rule, the receipt of one application with two (2) requests, the ability of the City to tie the driveway asphalting with Page 6 of 10 City of Centerville Council Meeting Minutes December 14, 2016 the 2017 Mill & Overlay for cost advantages, improvements made to the Fruth property with the Clearwater Creek Estate development assisted their property in developing their property for the future with the City being successful in court for assessments and the authority of the City to place restrictions on the granting of the submitted requests. Engineer Statz suggest that the City not involve the Mill & Overlay contractor in the issue but rather offer a dollar amount for asphalting of the driveway. Council Member Love stated that the City previously offered to pave 35' of the existing driveway and questioned why at this time Council is considering paving 105'. He had concerns regarding precedence. Motion by Council Member King, seconded by Council Member Paar to Approve the Requested Lot Split and Rezone to R-2 of 7384 Old Mill Road per Engineer's Findings. All in favor. la. Driveway — Fruth Additional discussion took place regarding the one-time offering of a set dollar amount to remove the issue of Ms. Cathy Fruth's request for the paving, grading and realignment of her existing driveway, Engineer estimate of $4,200 to provide an overlay type of driveway with no fill or reconstruction to the existing grade/pitch. City Attorney Glaser stated that the City would not be setting a precedence with this item. Council Member King questioned whether the City was obligated to complete this work and Legal Counsel stated no however it would be nice to put this issue to rest. Lengthy discussion ensued regarding cost of Staff time throughout the years, lack of obligation of the City; the City's previous attempts to work with the property owner at a solution regarding the grade of the driveway and the Engineers opinion that the driveway grade was within acceptable levels. Motion by Mayor Wilharber, seconded by Council Member Paar to Offer Existing Property (Fruth) $4,000 to Complete the Paving of the Existing Driveway Located at 7384 Old Mill Road Within One (1) Year of the Recorded Lot Split and Rezone Unless the Property Sells Prior to One (1) Year of the Recorded Lot Split and Rezone with Funds be Expended Upon Completion of Said Driveway. All in favor. Motion carried. 2. Res. #16-034 — Approving Plans & Specifications and Ordering Advertisement for Bids on 2017 Thin Mill & Overlay Project Motion by Council Member Love, seconded by Council Member Paar to Adopt Res. #16- 034 — Approving Plans & Specifications and Ordering Advertisement for Bids on 2017 Thin Mill & Overlay Proiect as presented. All in favor. Motion carried. 3. Hamline University — Capstone Project (Minnesota Historical Society Legacy Grant Application, Dupre Artifacts) Administrator Ericson stated that through Dr. Craig Waldron, Hamline University, the City has an opportunity to work with an additional MPA Graduate Student, (Dave Purrault) to complete Page 7 of 10 City of Centerville Council Meeting Minutes December 14, 2016 preliminary background research and submit a grant application associated with the Dupre antiques and artifacts. He desired to thank Dr. Waldron for the opportunity to work with another student. Motion by Council Member Love, seconded by Council Member Paar to Accept Mr. Dave Purrault's Assistance in the Submittal of a Minnesota Historical Society Legacy Grant Application Associated with the Dupre Family Antiques and Artifacts. All in favor. Motion carried. 4. Met. Council 2017 Wastewater Rates a. 2017 City of Centerville Sewer Rates Mayor Wilharber thanked Staff and Council Member King for their time in researching wastewater associated with Met. Council's 2017 Wastewater rate proposal for the City of Centerville. Engineer Statz stated that Staff research associated with the construction of CSAH21 and possibility of the City of Lino Lakes' infiltration of wastewater in the 31 homes located along LaMotte Drive. Administrator Ericson stated that more information would be forthcoming when received. 5. 2017 City of Centerville Storm Water Rates — Tabled from November 16, 2016 Meeting Council directed Staff to work together regarding the above rates, depreciation of existing infrastructure, equipment replacement, etc. with a report/plan to be provided at Council's next work session. VIII. NEW BUSINESS 1. Res. #16-OXX — Adopting Budget & Tax Levies for 2017 Finance Director Paulseth briefly review the budget and implications of same associated with the tax levy for 2017. She stated that the 2017 budget for the City would be $2,630,423 with the levy being $2,704,521 Motion by Council Member Paar, seconded by Council Member King to as presented. All in favor. Motion carried. 2. Appointment of P & Z Members Mayor Wilharber stated that prior to the regularly scheduled Council meeting, Council held interviews with two (2) candidates: Ms. Linda Broussard Vickers and Mr. Jon Grahek for the two (2) vacant positions on the Commission. Council consensus was that both individuals were well qualified. Page 8 of 10 City of Centerville Council Meeting Minutes December 14, 2016 Motion by Council Member Love, seconded by Council Member King to Appoint Ms. Linda Broussard Vickers and Mr. Jon Grahek to the Planning & Zoning Commission. All in favor. Motion carried. A reminder was passed along to Mr. Grahek regarding his need to submit a resignation to the Parks & Recreation Committee. 3. P & Z Recommendation to Deny/Withdrawal by Applicant — Request for Rezone & Associated Comprehensive Plan Amendment — 7007 — 20th Avenue South from R-2 to B-1 Administrator Ericson stated that following extensive discussion and research, applicant Mr. Jeff Muellner withdraw his application. Administrator Ericson stated that the Commission received several neighbor's viewpoints regarding the rezoning and the existing business operating on the property. 4. Condition of Building Located at 7265 Main Street Administrator Ericson stated that the condition of the building has declined and in July, 2016 the existing owner and purchase contact holder had been notified by Attorney Glaser for the need to remove the building due to protection of the public and safety hazards. Attorney Glaser stated that plenty of time has transpired from today to the date of the letter that the City to step in and remove the building at the owner's expense. Building Official Palzer felt that the cost of removing the building would be $50,000-$100,000 with a potential for additional costs due to additional hazards (asbestos, etc.). Lengthy discussion ensued regarding the Building Official's powers under MN Statute to condemn the building with demolition, official City immunity of liability, discussions with the property owner for abatement, assessment associated with abatement if needed and the amount of ample time for the property owner to act to remove the building. Council directed Building Official Palzer to obtain a bid for the demolition of the building so that if necessary or late of abatement of the property owner occurred the City could act swiftly. Legal Counsel would research whether assessments associated with the removal of the building could be placed on the larger parcel owned by the same owner. Motion by Council Member Paar, seconded by Council Member Love to Authorize Staff to Follow Through per State Statute to Commence the Demotion of the Building. All in favor. Motion carried. 5. Res. #16-OXX — 2017 Appointments Administrator Ericson stated that as the outgoing and incoming members of Council take office it is important to have another person with check signing authority in case the incumbent Mayor is unable to be available. Mayor Elect Paar stated that Mayor Wilharber remains in office until his swearing in on January 11, 2017, however if he is not available it may be a good option to Page 9 of 10 City of Centerville Council Meeting Minutes December 14, 2016 have another appointed to sign checks and provide an Acting Mayor in the absence of the swearing in. Motion by Council Member Paar, seconded by Council Member King to Appoint Council Member D. Love Acting Mayor Until the Swearing in of Mayor Elect Paar on January 11, 2017. All in favor. Motion carried. IX. COUNCIL & ADMINISTRATION ANNOUNCEMENT 1. Administrator Ericson a. League of Minnesota Cities Insurance Trust Dividend — 2016, $11,766 Administrator Ericson noted that the City is slated to receive $11,766 in dividends for 2016. Council Member Love stated that the League of Minnesota Cities Insurance Trust Board returned 26 million dollars to member cities with the Centennial Fire District receiving $15,569. Mayor Wilharber reported that the Council has cancelled their meeting scheduled for December 28, 2016 however he would call an emergency meeting if needed. Mayor Wilharber also reported that the Centennial Lakes Police Department Citizen Academy graduated 6 citizens, was an eight week program where citizens of the communities served by the Police Department and Fire Department participate in first-hand duties provided by the service agencies. He stated that it is very involved and hands on with the department(s) anticipation of additional opportunities for more citizen involvement next year. Administrator Ericson reported that a USGS report had been recently released that stated that the White Bear Lake water level increased in 2016, however the study has yet to be released. Administrator Ericson stated that the proposed Centerville spotlight produced by North Metro TV Commission is still a draft. He stated that it is very well put together and will assist the City in promotion and marketing the community. Mayor Elect Paar thanked Mayor Wilharber for his service and wished him well in his retirement. X. ADJOURNMENT Motion by Council Member King, seconded by Council Member Paar to Adiourn the city Council Meeting of December 14, 2016 at 9:50 p.m. All in favor. Motion carried Respectfully submitted by Teresa Bender, City Clerk Page 10 of 10