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HomeMy WebLinkAbout2007-07-11 CCCITY OF CENTERVILLE CITY COUNCIL MEETING July 11, 2007 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on July 11, 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 Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Capra called the July 11, 2007, City Council meeting to order at 6:35 p.m. II. APPROVAL OF AGENDA Mayor Capra added page 12a to Item 1 and Item 3 - Trio Inn Request for Renewal of 2:00 a.m. Option Liquor Application to the Consent Agenda. Motion by Council Member Paar, seconded by Council Member Lee, to approve the agenda as amended. All in favor. Motion carried unanimously. III. PUBLIC HEARINGS None IV. APPROVAL OF COUNCIL MINUTES 1.June 27, 2007 City Council Meeting Minutes Councilmember Lakso corrected Page 4 of 11 #2, Chief Makela “recognized everyone in general for their hard work…”; Page 9 of 11 change North Metro Telecom to North Metro Telecommunications, NMTC; 10 of 11 first line, change “… forward with money” to “donated towards advertising.” City of Centerville Council Meeting Minutes July 11, 2007 Councilmember Paar noted that City Engineer Statz was absent from the meeting. Motion by Council Member Paar, seconded by Council Member Lakso, to approve the June 27, 2007 City Council Meeting Minutes as amendedAll in favor. Motion . carried unanimously. V. CONSENT AGENDA 1.City of Centerville June 28, 2007 through July 11, 2007 Claims 2.Centennial Fire District Claims through June 29, 2007 3.Trio Inn Request for Renewal of 2 a.m. Closing Option Liquor Application Motion by Council Member Paar, seconded by Council Member Lee, to approve the Consent Agenda items as amended. All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES None VII. OLD BUSINESS 1.Final Plat & Developer’s Agreement – Clearwater Creek Estates/Hanzal City Attorney Glaser distributed version nine of the Final Plat and Developer’s Agreement and recommended approval. He requested that he and the City Administrator be given the authority to fill in the blanks and make any minor adjustments to dates and bid amounts as needed. He explained that as soon as each unit is sold, any assessments made for the public improvements would be paid off. Mayor Capra questioned the guarantee on page 10 in that the developer could not lower the bond amount. City Attorney Glaser explained there are two parts of the guarantee in that the developer would guarantee three (3) years of the special assessment payments, but in addition the security bond could not be lower than the outstanding assessment balance. Motion by Council Member Lakso, seconded by Council Member Paar, to approve the Final Plat & Developer’s Agreement – Clearwater Creek Estates/Hanzal, subject to minor adjustments to be made by the City Administrator and City Attorney. All in favor. Motion carried unanimously. 2.Old Mill Road Utility & Street Improvement Bids, Resolution #07-026; Accepting Bid & Awarding Project – Precision Excavating & Grading Page 2 of 7 City of Centerville Council Meeting Minutes July 11, 2007 City Administrator Larson reported that the bids were received about one month ago; however, staff held off on Council action until the development agreement was received. City Engineer Statz reported that Precision Excavating and Grading was the low bidder and recommended awarding them the bid. Mayor Capra commented that the City worked with Precision Excavating and Grading before on a project and questioned whether there were any issues. City Engineer Statz replied that the contractor is a smaller firm; however, there are no compelling issues not to award the contract to Precision Excavating and Grading. Mayor Capra stated that the City would not want to end up in the situation such as dirt in the wrong place and the resoding of residential lawns again. She stated that she would like this to be overseen. City Engineer Statz replied that Precision Excavating and Grading would be required to put up orange construction fence to mark the limits of construction. Councilmember Broussard questioned whether a penalty could be stated in the contract in case this where to happen again. City Engineer Statz replied that it would be difficult to enforce a penalty; however, corrections would need to be made at the contractor’s expense. Motion by Council Member Lee, seconded by Council Member Broussard, to approve Resolution #07-026, a resolution accepting the bid for construction of improvement project to Precision Excavating & Grading in the amount of $246,607 base bid, plus alternate #1 in the amount of $50,887.50. All in favor. Motion carried unanimously. Mayor Capra commented that the assessment hearing would occur following completion of the project. City Administrator Larson replied that it could be in the fall once the final costs are known. 3.Beard Group - Downtown Redevelopment Developers Agreement City Attorney Glaser reported that changes were made to the agreement since the last review. He stated that the substantial changes included what happens if the project falls apart. He indicated that for any property acquired as part of project, funds would go back to cover the City’s and the Beard Group’s costs. He explained that the City has the right to acquire any properties if the Beard Group were to leave the project and be reimbursed for costs incurred. Page 3 of 7 City of Centerville Council Meeting Minutes July 11, 2007 City Attorney Glaser stated that the next issue was payment of the attorney’s fees covered in the agreement. He explained that the City had not budgeted to cover the attorney fees. He reported that the Beard Group is willing to cover the engineering costs associated with the environmental review process and the attorney’s fees in a condemnation action. He stated that this works to the City’s advantage because when the condemnation issues are taken out, the engineering fees would exceed the attorney fees. Mr. John Meyers, Finance Director, explained the Phase 1 project, funding, financial obligations and stated that the City is at very little risk. Discussion ensued. City Administrator Larson stated that he requested that City Engineer Statz put together a schedule for the Downtown Redevelopment Project. He commented that the key is to get this done during the 2008 construction season. City Engineer Statz explained the project schedule and timelines for the environmental assessment, project design, bidding, permitting and construction. He stated he believes that this is a fairly realistic schedule. Discussion ensued. Councilmember Paar commented that he wants to make sure this project financially benefits the City. He commented that he realizes the project could not happen without TIF funding. He stated that he is concerned with the term and amount of the TIF (27 years, $9.8 million). He questioned whether additional grant dollars could be obtained. Mr. Meyer explained that it freezes the values for the designated districts that use TIF. Mayor Capra explained that this is the pay-as-you-go TIF district, whereby only that district contributes rather than the entire City. Discussion ensued. Councilmember Broussard pointed out that the additional insured language requirement for the City was left out of the agreement and she would like to see it placed in the agreement. Motion by Council Member Lee, seconded by Council Member Lakso, to approve the Beard Group Downtown Redevelopment Developer’s Agreement with amendments. Ayes 4, Nays 1 (Broussard). Motion carried. 4.Consider Public Works Facility Purchase – 2085 Cedar Street, Resolution #07- 027 – Authorizing Purchase of Financing. Page 4 of 7 City of Centerville Council Meeting Minutes July 11, 2007 City Administrator Larson explained the change to paragraph 2 and the addition of paragraph (b), allowing Mr. Shudy to draw money up to $10,000 for operating funds. He stated that additional draws would require documentation indicating how the first amount was spent. Councilmember Lakso questioned whether a warrantee would be included in the agreement. City Administrator Larson pointed out section 12 addressed the warrantee. City Attorney Glaser explained that this is a straight sale and it is not out of the ordinary to do the type of financing explained. Mayor Capra asked if a review of the plans had been completed. City Administrator Larson replied that the preliminary drawings have been submitted, reviewed, and found to meet the requests of Mr. Palzer. Mr. Tom Wilharber, 6849 Centerville Road, commented that when the present site was put in, the County demanded an additional 27 feet for easement and questioned whether this was taken into account. Mayor Capra replied that the City was approached for purchase of the current Public Works facility. She explained why the City decided to purchase the new site. City Administrator Larson commented that a total right-of-way of 80 feet was proposed. City Administrator Larson explained the funding options and bonding for the new facility. Councilmember Lakso questioned if the fire department was talked to about their garage. City Administrator Larson replied that the fire department would like to have storage at the new site. Perhaps on the mezzanine level or behind the City Hall building. He commented that it had not yet been discussed. Mayor Capra stated that the current Public Works site stores the 1952 Studebaker fire truck. She commented that she would like to see private dollars raised to restore it. Motion by Council Member Lakso, seconded by Council Member Broussard, to approve Resolution #07-027, a resolution authorizing purchase and financing of Public Works Facility at 2085 Cedar Street. Ayes 4, Nays 1 (Paar). Motion carried. 5.Resolution #07-028 – Dead Broke Saddle Club Request for Premises Permit/Gambling Permit (Sager’s Bar & Grill) – Paddlewheel, Paddlewheel w/Table, Bar Bingo and Pull-Tabs Page 5 of 7 City of Centerville Council Meeting Minutes July 11, 2007 City Administrator Larson explained that this is a housekeeping issue. Motion by Council Member Broussard, seconded by Council Member Lakso, to approve Resolution #07-028, a resolution approving the Dead Broke Saddle Club charitable gambling at Sager’s Bar & Grill. All in favor. Motion carried unanimously. VIII. NEW BUSINESS None. IX. ANNOUNCEMENTS/UPDATES 1.City Administrator Larson City Administrator Larson directed Council back to the Downtown Redevelopment Project Schedule, stating that if the Council is comfortable with approving the infrastructure study it could move forward rather than waiting until their next meeting. City Engineer Statz stated that the scope of the study would determine what is needed for sewer and water, rights-of-way, turn lanes, landscaping and other elements. He commented that this could also serve as the feasibility study. City Administrator Larson stated that the grant from Anoka County is slated to pay for this work. Motion by Council Member Lakso, seconded by Council Member Paar, to approve the City Engineer move forward with the public infrastructure study with a cost not to exceed $23,000. Ayes 3, Nays 2 (Broussard/Lee). Motion carried. City Administrator Larson stated staff would move forward with the Well Head Protection Plan to protect wells against contamination. He explained a public hearing would be scheduled. 2.Commemorative Items for Sesquicentennial (Update) City Administrator Larson stated that the pins are available. 3.I-35 Update Mayor Capra requested that City Administrator Larson email the I-35 bridge design to Council members. 4.Other Page 6 of 7 City of Centerville Council Meeting Minutes July 11, 2007 Councilmember Lee stated that the Police Department is asking for a 6% budget increase due to population increases. th Mayor Capra commented that she and Councilmember Lee would support hiring an 18 officer rather than incurring overtime costs. XI ADJOURNMENT Motion by Broussard seconded by Paar to adjourn the July 11, 2007 City Council Meeting at 7:45 p.m. All in favor. Motion carried unanimously. Transcribed by: Dianna Wise, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 7 of 7