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HomeMy WebLinkAbout2007-02-28 CCCITY OF CENTERVILLE CITY COUNCIL MEETING February 28, 2007 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on February 28, 2007, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Tom Lee Council Member Jeff Paar Council Member Michelle Lakso Council Member Linda Broussard ABSENT: None. STAFF: City Engineer Mark Statz City Administrator Dallas Larson City Attorney Kurt Glaser I. CALL TO ORDER Mayor Capra called the February 28, 2007 City Council meeting to order at 6:30 p.m. II. PUBLIC HEARINGS None III. APPROVAL OF AGENDA Mayor Capra indicated that page 14(a) is added under item V. Consent Agenda. Mayor Capra added Item 3 under VII Old Business. Mayor Capra added Item 1 under VIII New Business. Councilmember Lakso added Item 4 Red Cross Update under IX, Announcements/Updates. Motion by Council Member Paar, seconded by Council Member Lee, to approve the agenda as presented. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES 1.February 14, 2007 City Council Meeting Minutes City of Centerville Council Meeting Minutes February 28, 2007 Mayor Capra requested the following changes: Page 2, could not remember what she had changed. Page 3, change events to mandates Page 3, Paragraph 3 from bottom. Mr. Stoltzman attended a Police Commission meeting and felt everyone was not on the same page in terms on a plan. Page 4, Paragraph 9 change Commissioner to Councilmember Lakso Page 7, last sentence add word commercial to park dedication fees Page 9, Item 7 under motion: change to the petitioners would pay for costs even if the project did not go through. Page 11, add to first sentence under aerial photos - La to Company. Motion by Council Member Lakso, seconded by Council Member Paar, to table the February 14, 2007 City Council Meeting Minutes. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1.City of Centerville February15, 2007 through February 28, 2007 Claims 2.Centennial Fire District Expenditures through February 20, 2007 3.Successful Performance Review, Building Inspector Mr. Joel McPherson Motion by Council Member Lee, seconded by Council Member Broussard, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES None VII. OLD BUSINESS 1.Ordinance #17 Second Series – 2007 Fee Schedule City Administrator Larson stated the fee schedule had been submitted for consideration. He said discussion occurred about commercial park dedication fees and if they were comparable to surrounding communities. He stated Centerville is lower than some communities, however, when these fees are raised it becomes a point of contention for commercial development. He mentioned there is often a lot of press when fees are high and cautioned Council that it could have an impact on development in the community. Councilmember Broussard stated some communities base their fees on the per acre value of the property. She pointed out that others use ten percent of the market value of the land. Mayor Capra asked if the fee schedule could be adjusted at any time. Page 2 of 9 City of Centerville Council Meeting Minutes February 28, 2007 City Administrator Larson replied the City could change the fees at any time with the new fee applying to development from that date forward. City Engineer Statz informed Council the summary is about three years old and was written by a developer who challenged the park fees. Councilmember Lee stated that the City is trying to encourage development. Mayor Capra asked City Administrator Larson to point out the fee changes in the report. City Administrator Larson replied most fees remained the same. He stated there were changes to the electrical fees. Mayor Capra asked if the electrical fees are changed by the electrical inspector. City Administrator Larson replied they were. Mayor Capra asked if a percentage increase was used. Councilmember Broussard responded that was correct and stated that the percentage method was used in past years and by doing so, it was difficult to increase the fees by any substantial amount. She asked about water usage rates and if the rates were going back into the reserve. She questioned if the City was adequately restoring the water fund reserves. City Administrator Larson replied this is being looked at in relation to the cost by looking at the rates and future projected needs. He indicated this would be brought forward in the next month or two. Mayor Capra stated she is fine with adoption at this time. Councilmember Paar stated he is fine with this also. He indicated he would like the City to do what it could to encourage development. Motion by Council Member Broussard, seconded by Council Member Lee, to approve Ordinance #17 Second Series, 2007 Fee Schedule. All in favor. Motion carried unanimously. 2.Sedona Homes/Jackson Commercial – Final Plat & Developers Agreement Mr. Glaser reported all issues have been resolved and only some language needs to be fleshed out. He recommended Council approve the final plat and make a contingent approval of the Developers Agreement subject to approval by the City Attorney and City Administrator. Page 3 of 9 City of Centerville Council Meeting Minutes February 28, 2007 Councilmember Broussard asked what would be changed. City Attorney Glaser took the Developers Agreement section by section and explained the changes made. He stated plan approvals would be subject to the City Engineer’s review at all times and he would make the final approval. Mr. Glaser said the developer is held responsible for all applicable laws and regulations of the City and County. He stated there is a mechanism in place to ensure all items are completed. He stated the City Engineer could access the developer’s property and conduct inspections at any time. City Attorney Glaser indicated the developer is not responsible for building a trail; however, it would give the City an easement for the trail and a utility easement. He mentioned the City would not accept the developer’s improvements on private property for water, sewer, or ponding, but if the landowner did not clean ponds the City could assess the landowner. Mayor Capra asked about the date the project is to be completed. City Administrator Larson replied the pavement wear course would not be built on the parking lot until summer of 2008. He stated the developer needed the rest of the construction year to complete everything. City Engineer Statz indicated the agreement could state a substantial completion by “X” date and final completion by 2008 Mayor Capra stated the CUP is an annual permit and would expire at the end of the year, if it were not used. She asked if this would impact the developer’s agreement. She also asked if the project is delayed, could the City decide not to approve the CUP. City Attorney Glaser replied one of the conditions is the developer agreement would have to come back for another CUP. City Attorney Glaser continued explaining the items in the agreement. He stated a letter of credit overall would meld the first developer’s agreement into the current agreement with the letter of credit so multiple letters of credit are not needed. He stated in the case of a default, the City must give the developer time to make remedies. He explained that whatever fees needed to be paid, the developer would be responsible for paying them. He stated a site erosion plan is in place to keep the property clean and enforced. He stated the park dedication fee credit has been worked out. Mayor Capra stressed she would like the site erosion cleanup plan strictly enforced. City Attorney Glaser replied there is a daily cleanup requirement. Councilmember Broussard stated the insurance statements need to be increased to at least $1 million. She indicated that from a City perspective, $1 to $2 million per person per occurrence was the norm. She said she would also like to see the developer’s work comps. Page 4 of 9 City of Centerville Council Meeting Minutes February 28, 2007 City Attorney Glaser stated a proof of title would be submitted by the developer. The CUP is broken out as part of the contract to be obeyed by developer. He stated the developer would reimburse the City for Engineer and Attorney fees associated with the agreement. Mayor Capra asked about the CUP as it related to the expiration under Item I. She pointed out that the developer had two years to complete the work, but the CUP must be reviewed annually. City Attorney Glaser stated these are mutually exclusive; if at the year point, certain items in the CUP would not apply. City Attorney Glaser informed the Council that open items include symantec issues of the language to enforce the CUP as the way it reads because it implies that when an occupancy permit is issued, the City is initially saying that whatever use the building had at that point satisfied the CUP; this language needed to be changed. He advised that new language was added to the agreement in that whatever is left over from the initial Phase I agreement must be incorporated by reference to satisfy any left over requirements. City Attorney Glaser stated that the easement to the pond was given to the City. He indicated he would review these items more closely. Councilmember Broussard asked if all the dollar amounts were forthcoming. City Engineer Statz replied he would be reviewing them. City Administrator Larson reported the letter of credit would be between $200,000 and $250,000. Mayor Capra stated she would not support a change to the CUP. City Attorney Glaser replied she should not in order to protect the City. He stated the developer’s agreement is much more detailed so as to hold the developer’s “feet to the fire.” Motion by Council Member Broussard, seconded by Council Member Paar, to approve the Development Subdivision Agreement and Final Plat subject to the City Attorney’s final review. All in favor. Motion carried unanimously. 3. Approve Extension of the Pre-Development Agreement Downtown Redevelopment with Beard Group. City Attorney Glaser stated he met with the Beard Group, Mr. Deike and Finance Director Meyer. He reported the pre-development agreement has expired but things could be done to get the project started, such as letting the Beard Group talk to the landowners. He proposed that if Council would extend the pre-development agreement Page 5 of 9 City of Centerville Council Meeting Minutes February 28, 2007 to June 1, 2007, the Beard Group would work down the list of landowners and have them sign purchase agreements contingent upon the project going forward. He explained that if the project did not go forward, the purchase agreements would be assigned to the City. City Attorney Glaser explained this would get the project going, locks in land for acquisition plans, and gives the City time to work out the development agreement. He stated he is asking for an extension of the pre-development agreement to allow the Beard Group to contact landowners in the name of the City with the reservation that if the project did not go through, they assign their rights back to the City. He asked for a letter of introduction from the City for Beard to present to the landowners. Mayor Capra stated she was comfortable with signing the extension, but would like to see the letter of introduction before it is signed. City Attorney Glaser reported that while the redevelopment agreement is being completed, other things could be done to get the project started. Councilmember Lee mentioned that talking to the landowners could tighten up the costs for the City. City Attorney Glaser replied it would help the City in the long term. Councilmember Paar stated that eventually this needs to happen. City Administrator Larson stated the development agreement would probably be available before June first; however, it would be helpful to do this to keep the project moving along. City Attorney Glaser informed Mayor Capra that he would draft a letter of introduction for her for approval. Councilmember Broussard said the City could not stop the developer from talking to landowners now, but this would ensure the developer must assign rights to the property over to the City if the project did not go through. Councilmember Lakso stated she is comfortable with signing this extension. Motion by Council Member Lee, seconded by Council Member Paar, to approve the extension of the pre-development agreement downtown redevelopment with the Beard Group until June 1, 2007, provided that any purchase agreements with landowners in the City would be assigned to the City should the project not go forward. Vote: 4 Ayes, 0 Nays, 1 Abstain (Broussard). Motion carried. Mayor Capra stated she would like to see the letter of introduction before it goes out. Page 6 of 9 City of Centerville Council Meeting Minutes February 28, 2007 VIII. NEW BUSINESS 1.On Sale & Sunday Liquor License – Scat Properties, Inc. doing business as Wiseguys. City Administrator Larson reported Wiseguys would be operated by new owners under the same name. He stated the Police Department checked and indicated they saw no reason not to issue a license to Scat Properties, Inc. Mayor Capra welcomed them to the community. Motion by Council Member Paar, seconded by Council Member Lakso, to approve issuance of an On Sale and Sunday Liquor License to Scat Properties, Inc. All in Favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1.City Administrator Larson City Administrator Larson reported the Anoka County HRA Board recommended approval of a $200,000 grant for the downtown Block 7 and 8 and the recommendation would go to the County Board for approval. He indicated the HRA Board also recommended approval of the Beard Group for the housing development. He reported that a grant application is also pending at the Department of Employment and Economic Development, a decision is about a month away, and funding looks positive. City Administrator Larson reported meeting with Xcel Energy about relocating utility lines in downtown Centerville. He indicated another meeting is scheduled for the week of March 5, 2007. He reported City Engineer Statz would locate the rights-of-way, the easements, and work out the details. He said that construction would probably start in April, weather dependent. City Engineer Statz stated trees might be removed from the right-of-way areas as soon possible. City Administrator Larson stated the new plow truck has arrived. He said the old (1985) truck would be advertised for sale in the League of Minnesota bulletin to see if there is interest from another City. Mayor Capra stated the Public Works Department did a great job getting the streets plowed last weekend. City Administrator Larson replied the only complaints were from the cul-de-sac areas as there is no room to put the snow. Page 7 of 9 City of Centerville Council Meeting Minutes February 28, 2007 City Administrator Larson reported there is a park land dedication issue outstanding on Peltier Preserve. He turned this over to the City Attorney. City Attorney Glaser explained the park land was never dedicated to the City. He informed Council the property has been sold to a third party that the City could not prove it had ties to the developer. City Attorney Glaser stated the City had no recourse on the current owner. He explained that the City has the right to bring action against the developer. He stated the only thing the City could get would be money from the developer who had a legal responsibility to donate land. City Attorney Glaser indicated the City could do an assessment as to what it thinks it should have received, take a fair market value, and equate it to the park dedication fees. Mayor Capra stated she would like to know the value of what the City would go after versus the cost to bring litigation against the developer. City Attorney Glaser replied the City could ask the current owner for the land. City Administrator Larson indicated the current owner is a builder and stated the issue is with the previous developer. Councilmember Paar asked if this is something the City should try as he did not want it dragging out. City Attorney Glaser stated it is worth sending a letter to request payment from the developer or legal action could be taken. Mayor Capra pointed out on a site map where the property is located. A discussion of access ensued amongst the members. Councilmember Broussard recommended the City start with the letter and estimate the value of the property. Mayor Capra would like to know the value versus the cost to pursue legally. City Attorney Glaser pointed out there are some negotiating issues that could be pursued with the current owner. 2.NMTC Update Councilmember Lakso reported the franchise fee in the amount of $7,070.68 is coming back to the City for the cable fund. She stated Council would receive the annual report from North Metro. She stated there is also a DVD portraying the sponsors and revenue- generating options. She asked Council to read the report as it is important to the community concerning cable opportunities. She asked City Administrator Larson how much money was left in the fund from 2006 and whether the fund was used to pay for the hours of taping. Page 8 of 9 City of Centerville Council Meeting Minutes February 28, 2007 City Administrator Larson replied he was not sure of the dollar amount as it carries over from year to year. He stated the fund had been used for equipment. The hours of taping were not coming out of the fund; however it could be used for taping. 3.Centerville Sesquicentennial a.La Company b.Aerial Photo Project Mayor Capra reported this is still a work in progress. 4.Red Cross Update Councilmember Lakso asked Council if it was ready to sign the Red Cross proclamation to get on board for the 2007 campaign. She reported the only commitment would be to bring the Red Cross in to provide free one-hour seminars on such topics as weather preparedness, emergency planning, and pandemics. She explained the Red Cross wanted a designated contact person and would require a space to hold the seminars. Councilmember Lakso volunteered as the contact person. She pointed out nine communities have already signed the proclamation and 23 still need to sign. Mayor Capra directed Councilmember Lakso and City Administrator Larson to discuss the options. She stated she would like to do this as a fire or police district. Councilmember Lakso stated she would bring more information to the Council. Mayor Capra asked if the super rink skate night was held. Councilmember Paar replied the blizzard happened instead. Mayor Capra asked City Administrator Larson find out if the skate night was held and to reschedule if needed. XI ADJOURNMENT Motion by Broussard, seconded by Paar, to adjourn the February 28, 2007 City Council Meeting at 7:35 p.m. All in favor. Motion carried unanimously. Transcribed by: Dianna Wise, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 9 of 9