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HomeMy WebLinkAbout2007-06-13 CCCITY OF CENTERVILLE CITY COUNCIL MEETING June 13, 2007 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on June 13, 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 Administrator Dallas Larson City Engineer Mark Statz City Attorney Kurt Glaser I. CALL TO ORDER Mayor Capra called the June 13, 2007, City Council meeting to order at 6:35 p.m. II. APPROVAL OF AGENDA Mayor Capra added Item 4: June 5, 2007 City Council Work Session Meeting Minutes; Consent Agenda Item 1, 13a; Item 7, St. Genevieve’s Catholic Church Request for Raffle Permit (August 5, 2007); Item 8, St. Genevieve’s Catholic Church Request for Special Event Permit, Temporary 3.2 Malt Liquor License, Bingo, Raffle, Paddlewheel, Pull- Tabs and Tip-Boards and 1694 Sorel Street Parking for Annual Chicken Dinner (August 19, 2007); Item 9, Navratilova Request for Special Event Permit for Celebration of Life for Ms. Crystal Schneider; Item 10, Mr. William Klein, Massage Therapist License th Request (Serenity Now – 7031 20 Avenue, Suite 105; Item 11, Mr. Dale Runkle, rd Pheasant Marsh, 3 Addition Request for Letter of Credit Reduction. Mayor Capra added Item #3 Final Engineering Cost for Hidden Springs Park under Old Business. Motion by Council Member Paar, seconded by Council Member Lakso to approve the agenda as amended. All in favor. Motion carried unanimously. III. PUBLIC HEARINGS 1.Mr. Sambath Cheath, 7323 Deer Pass Drive, Request for Reduction in Easement to Allow Construction of a Deck. City of Centerville Council Meeting Minutes June 13, 2007 Mayor Capra opened the public hearing at 6:38 p.m. City Administrator Larson summarized the request for a reduction in easement to allow the construction of a deck. He commented that the City Engineer stated more easement than needed exists in the area and that more wetlands were occupied by structures than realized. City Administrator Larson stated that the matter to consider is whether to vacate part of the easement to allow the deck. He explained that the easement comes to within 15 feet of the house. Mr. Sam Cheath, 7323 Deer Pass Drive, addressed the Council and stated that he purchased the property in August, 2006 and applied for a permit to build the deck. He reported that he was instructed to move the shed and the back portion of the fence. He stated that both structures had been moved closer to the home. Mr. Cheath reported the fence is now only four feet high. City Administrator Larson reported that all items have been completed. Mayor Capra stated that this is an unusually long lot with lots of wetlands. City Engineer Statz advised Council to vacate the easement only to the edge of the wetlands. Councilmember Lee questioned whether there would be room for the deck. Mr. Cheath stated that he desired to construct a 23 x 16 foot deck. Motion by Council Member Lee, seconded by Council Member Broussard, to close the Public Hearing at 6:42 p.m. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES 1.May 23, 2007 City Council Closed Session Meeting Minutes Motion by Council Member Lakso, seconded by Council Member Broussard, to approve the May 23, 2007 City Council Closed Session meeting minutes as presentedAll in favor. Motion carried unanimously. . 2.May 23, 2007 City Council Work Session Meeting Minutes Motion by Council Member Lee, seconded by Council Member Parr, to approve the May 23, 2007 City Council Work Session meeting minutes as presented. All in favor. Motion carried unanimously. 3.May 23, 2007 City Council Minutes Page 2 of 10 City of Centerville Council Meeting Minutes June 13, 2007 Motion by Council Member Broussard, seconded by Council Member Paar, to approve the May 23, 2007 City Council meeting minutes as presentedAll in favor. . Motion carried unanimously. 4.June 5, 2007 City Council Work Session Meeting Minutes Motion by Council Member Paar, seconded by Council Member Lee, to approve the June 5, 2007 City Council Work Session meeting minutes as presentedAll in favor. . Motion carried unanimously. V. CONSENT AGENDA 1.City of Centerville May 24, 2007 through June 13, 2007 2.Centennial Fire Department Claims through June 7, 2007 3.Encroachment Agreement, 1636 Dupre Road – Fence Construction in Drainage/Utility Easement 4.Encroachment Agreement, 6851 Beaver Pond Way – Fence Construction in Drainage/Utility Easement 5.Archaeological Research Services - $1,220 (Grant Requirement) 6.Resolution #07-XXX – Authorizing the Mayor and City Administrator to Execute the CDBG Partnership Program Cooperative Agreement (Previously Motioned to Approve – March 28 2007, Housekeeping) 7.St. Genevieve’s Catholic Church Request for Raffle Permit (August 5, 2007) 8.St. Genevieve’s Catholic Church Request for Special Event Permit, Temporary 3.2 Malt Liquor License, Bingo, Raffle, Paddlewheel, Pull-Tabs and Tip-Boards and 1694 Sorel Street Parking for Annual Chicken Dinner (August 19, 2007) 9.Navratil Request for Special Event Permit for Celebration of Life for Ms. Crystal Schneider 10.Mr. William Klein, Massage Therapist License Request (Serenity Now – 7031 th 20 Avenue, Suite 105) rd 11.Mr. Dale Runkle, Pheasant Marsh, 3 Addition Request for Letter of Credit Reduction Motion by Council Member Paar, seconded by Council Member Lakso, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES 1.Mr. John Golden, 1654 Lakeland Circle, Request for Encroachment Agreement Associated with Constructed Pool in Easement City Engineer Statz reported that Mr. Golden pulled a permit for the electrical and plumbing work on a pool. He stated that the inspectors approved the work; however, through the process it became apparent the pool might be located in an easement. He explained that as in any other situation, they looked into vacating part of the easement. Page 3 of 10 City of Centerville Council Meeting Minutes June 13, 2007 He pointed out the letter and drawings presented to Council that indicate the location of the pool and the easement. He mentioned that, after looking at the grading plan and the certificate of survey, he recommended not vacating the easement because of the drainage easement unless the homeowner could demonstrate that the drainage would not be impeded with the pool in place. City Engineer Statz stated that the homeowner could instead have an encroachment agreement. He commented that he believed the drainage could continue with the pool in place. He explained the mitigating factors such as this is not a permanent pool structure nor is the decking platform attached to the pool. He stated the drainage only affects the Golden’s property. He again indicated he would recommend an encroachment agreement but not a vacation of easement. Councilmember Paar questioned how long the pool had been in place. Mr. Golden replied since May 1, 2007. City Engineer Statz commented that no standing water or drainage problems existed after a significant rainfall. Councilmember Lee questioned the permit process and whether the easement should be noted on the application. Discussion ensued. Councilmember Lee questioned the neighbor who regraded their lot. Mr. Golden replied that the neighbor did not redo the grade; it was done by the builder. City Engineer Statz replied that it is more common than one might think. He stated that the City Engineer checks the grading prior to the building of homes, the builder then comes in to build the home and changes the grading. Discussion ensued. Mayor Capra questioned whether the yard is fenced. Mr. Golden replied that the lock and gate would be on the pool deck. Discussion ensued. Mayor Capra requested that Planning and Zoning research fence issues around pools. Motion by Council Member Broussard, seconded by Council Member Lee, to approve the request for an Encroachment Agreement associated with the constructed pool in the easement at 1654 Lakeland Circle based upon the Engineer’s comments. All in favor. Motion carried unanimously. Page 4 of 10 City of Centerville Council Meeting Minutes June 13, 2007 VII. OLD BUSINESS 1.Resolution 07-021 – Appointment of EDA Members Mayor Capra reported that this is regarding the appointment of non-resident EDA members in order to appoint several well-qualified applicants. She stated that Ms. Jenny Dosch and Mr. Michael Warner were chosen for the open positions. Motion by Council Member Lee, seconded by Council Member Lakso, to approve Resolution 07-021, a resolution appointing EDA members Jenny Dosch and Michael Warner. City Administrator Larson noted that the resolution as written did not set term limits. He recommended alternating their terms and suggested he add this to the resolution. Mayor Capra stated that Ms. Jenny Dosch would serve a four-year term and Mr. Warner would serve a two-year term. Mayor Capra questioned whether a stipend applied to the EDA committee. City Administrator Larson replied that he would find out about the stipend. A friendly amendment was accepted for the above referenced term limits for each position. All in favor. Motion carried unanimously. 2.Parks & Recreation Committee’s Recommendation for Bid Options and Resident Concerns – Hidden Spring Park 1601 LaMotte Drive. Mayor Capra reported that she reviewed the resident input and concerns relating to allowing swimming at the park. Mr. Kevin Amundsen, Vice Chair of the Parks & Recreation Commission, replied the intention was not to have swimming, wading, or fishing allowed in the park. He commented that one property owner would like a split rail fence delineating the property line. City Administrator Larson replied that he spoke to the resident to inform him he is responsible for the fence. Discussion ensued. Councilmember Lee stated that he met with City Engineer Statz and Mr. Jeff McDonald to discuss the engineering costs associated with the park and mitigating the same. He believes consensus was reached that something does need to happen. Page 5 of 10 City of Centerville Council Meeting Minutes June 13, 2007 Mayor Capra questioned whether anything was proposed to be pulled. Councilmember Lee stated the picnic tables were discussed; however, no other tables were found that compare to the quality of those chosen. Discussion ensued. Mayor Capra stated that this park would last for a long time. She commented that the project is costly; however, she believes it would be one of the City’s gems and she would like to see it done right. Councilmember Paar commented that signage must be factored into the costs. Mayor Capra stated that the Rice Creek Watershed District is willing to place Blue Thumb signage in the park. Councilmember Lee stated that he agreed fully with the recommendations of the Parks and Recreation Committee. He indicated that for the money saved, the detraction from the quality of the park would be significant. Discussion ensued. Councilmember Broussard stated that she would not vote for a bid of $250,000 for a park of this size. Councilmember Lakso stated that she felt that the Parks and Recreation Committee chose items that would make the park what it is; the thought and time put into this justifies the cost. Councilmember Paar questioned whether the land was purchased by a grant. City Administrator Larson stated that there is a balance owed; however, he believed some future park fees would pay it off. Councilmember Paar inquired as to the Committee’s budget. City Administrator Larson replied that every dollar is committed to something. He reported that some would be paid for from the City budget and levy. Councilmember Paar stated that he supported the project from the beginning; however, the cost has increased substantially from the original estimate. He stated that the bottom line for him is whether a levy is needed, which he did not want to do as it would raise taxes. He stated that, at the same time, he did not want to diminish from the quality of the park. Page 6 of 10 City of Centerville Council Meeting Minutes June 13, 2007 City Engineer Statz replied that the contract could be cancelled at any time without much cost. Mayor Capra stated that the $150,000 grant received from the DNR assisted the City with the purchase of the property. Councilmember Lee stated that he supports the Committee’s recommendations. He commented that he did not want to pull items that would diminish the quality of the park from the bid. Discussion ensued. Motion by Council Member Lakso, seconded by Council Member Lee, to accept the recommendation to move forward with the bid options and to accept the construction administration cost of $8,000 for the additional engineering costs. Ayes 3, Nays 2 (Council Members Paar and Broussard) Motion carried. 3.Final Estimate for Engineering Costs for Hidden Springs Park This was discussed together with Item #2. VIII. NEW BUSINESS 1.Resolution 07-022 – Vacating Part of Drainage/Utility Easement on Lot 5, Block 1, Deer Pass (7323 Deer Pass Drive) Motion by Council Member Lee, seconded by Council Member Broussard, to approve Resolution 07-022, a resolution to vacate part of the drainage/utility easement on Lot 5, Block 1, Deer Pass (7323 Deer Pass Drive). All in favor. Motion carried unanimously. City Administrator Larson stated that comments made by the City Engineer and that the applicant would pay for the vacation actions would be added to the resolution. This friendly amendment was accepted by Councilmember Lee and Councilmember Broussard. 2.Consider Agreement for Purchase of 2085 Cedar Street Building. Mayor Capra summarized the history of the Public Works building. City Administrator Larson stated that he understood Council wanted to have an option agreement to further consider whether the building at 2085 Cedar Street would meet the needs of the Public Works facility and during this option period, the City would work with the seller to finalize a construction drawing to finish the building to the satisfaction Page 7 of 10 City of Centerville Council Meeting Minutes June 13, 2007 of the City. He stated that as part of the process the purchase price would be finalized and at some point it would come back to the Council for action. City Attorney Glaser reported that the City could save money on property taxes if this were finalized by the end of the month. He explained that if the agreement could not be completed by September 10, 2007, the option expires. Councilmember Broussard stated that it could be extended in one-month increments. City Attorney Glaser replied that it could. City Administrator Larson stated that the decision must be made by the end of the month to realize the incentive to avoid paying taxes in 2008. th Mr. Dennis Shudy, 6975 - 20 Avenue South, stated he is fine with the agreement. Mayor Capra inquired about engineering concerns. City Administrator Larson replied that the Council requested the City Engineer put together a proposal covering site issues, building issues, and the potential costs. City Engineer Statz summarized the options available to ensure the City is well served. Discussion ensued. City Administrator Larson suggested consulting with City Engineer Statz and his staff to the extent necessary to address the issues. City Engineer Statz indicated that he would like clarification from Mr. Shudy as to what is included in the quote to the City. Mr. Shudy reported that he would present the information to City Council. City Administrator Larson stated that an appraisal was done on the property. He explained that the appraiser looked at the property based on the assumptions listed. He commented that if changes are recommended, these would need to be negotiated. City Administrator Larson recommended a budget be determined. Discussion ensued. Mr. Shudy stated that the architectural drawings for the building would be completed next week. City Administrator Larson stated that there is a base price and a negotiation process for additional items. He commented that these items would be identified and a price attached Page 8 of 10 City of Centerville Council Meeting Minutes June 13, 2007 to each. He reported that the estimated additional cost would be between $50,000 and $80,000. Mr. Shudy requested that Council consider having City Engineer Statz look at the wetlands issue. Discussion ensued. Mayor Capra stated that there is a little over $400,000 set aside for the purchase of property. She stated that the existing site is valued at over $400,000. Motion by Council Member Lakso, seconded by Council Member Paar, to approve the option agreement with Mr. Shudy at 2085 Cedar Street. All in favor. Motion carried unanimously. Motion by Council Member Broussard, seconded by Council Member Paar, to approve the engineering costs, not to exceed $7,500, relative to the purchase of the Cedar Street Site. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1.City Administrator Larson City Administrator Larson recommended that Council look at the signage design for the park. He indicated that this would also go to the Parks and Recreation Commission. He presented a photo of a sign design and described the materials and cost. Discussion ensued. 2.Commemorative Items for Sesquicentennial (Update) City Administrator Larson stated that the order for the pins was finalized. He commented that the business community had not come forward with money. 3.Summer Meeting Schedule Mayor Capra stated that she would like the Council Members to submit their summer schedules to City Administrator Larson to ensure there is a quorum for meetings. 4.Other Mayor Capra announced that Ollie and Company would be hosting a Battle of the Boards skateboard competition on Saturday, June 16, from 4:00 -7:00 p.m. at Laurie LaMotte Memorial Park. Page 9 of 10 City of Centerville Council Meeting Minutes June 13, 2007 Mayor Capra presented copies of the articles from the French newspaper published in Centerville. Councilmember Lee reported that he attended a Police Commission Goal Setting Meeting. He stated that it is comforting to know that all three cities have similar goals. Councilmember Broussard reported that the Planning and Zoning Commission is working on the parking ordinance amendments. Mayor Capra offered condolences to the Crystal Schneider family. Mayor Capra reported that she would attend the I-35 meeting along with Council Member Broussard on June 14, 2007. XI ADJOURNMENT Motion by Lee seconded by Broussard to adjourn the June 13, 2007 City Council Meeting at 8:15 p.m. All in favor. Motion carried unanimously. Transcribed by: Dianna Wise, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of 10