HomeMy WebLinkAbout2005-06-22 CC
CITY OF CENTERVILLE
CITY COUNCIL MEETING
JUNE 22, 2005
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on June 22, 2005, at City Hall, 1880 Main Street.
PRESENT:
Mayor Mary Capra
Council Member Lee
Council Member Lakso
Council Member Paar
Council Member Richard Terway
ABSENT:
None.
STAFF:
City Attorney Mr. Hoeft
City Engineer Mr. Peterson
City Administrator Mr. Larson
I. CALL TO ORDER
Mayor Capra called the June 22, 2005, City Council meeting to order at 6:35 p.m.
II. SET AGENDA
The following items were added to the Agenda:
Consent Agenda: ABDO, Eick & Meyers $16,980.98 2004 Audit; KLM Engineering
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$11,317.50 Water Tower Project; Arnt Construction Co., Inc., $6,752.67 – 21 Avenue.
Awards: Mr. Dennis Shudy; Mr. George Gibson.
New Business: Bonestroo/Maguire Iron 30 Day Extension, Ordinance #85 Amending
Ord #69; Mound Trail – Water Extension.
Motion by Council Member Lee, seconded by Council Member Lakso to approve
the agenda as amended. All in favor. Motion carried unanimously.
III. APPROVAL OF COUNCIL MINUTES
1.June 8, 2005 City Council Meeting Minutes
City of Centerville
Council Meeting Minutes
June 22, 2005
Mayor Capra requested the following changes: On Page 2 of 8, last sentence insert the
word “a” in the sentence by Mr. Burke. On Page 7 of 8 bold the motion. On Page 8 of 8
insert “rain” before water garden.
Motion by Council Member Terway, seconded by Council Member Lee to approve
the June 8, 2005 City Council Meeting Minutes as amended. All in favor. Motion
carried.
IV. CONSENT AGENDA
1.City of Centerville June 9, 2005 through June 22, 2005 Claims
2.Centennial Fire District through June 17, 2005 Claims
3.Centennial Lakes Police Department Through June 9, 2005
4.EDC Chair Recommendation to Appoint Ms. Jennifer Dosch & Mr. Thomas
Babcook to the Committee
5.ABDO, Eick & Meyers 2004 Audit - $16,980.98
6.KLM Engineering Water Tower Project - $11,317.50
st
7.Arnt Construction Co., Inc. 21 Avenue - $6,752.67
Motion by Council Member Lee, seconded by Council Member Lakso, to approve
the Consent Agenda as presented. All in favor. Motion carried unanimously.
V. AWARDS/PRESENTATIONS/APPEARANCES
1. Mr. Dennis Shudy – Centerville Redi-Mix (Fees and Charges)
Mr. Shudy addressed Council and asked to consider reducing the park fee for his
development. He then asked that the $2,600 storm water fee be waived explaining that
he has his own storm water system and he has run his own sewer and water to
Centerville. He further commented that he would be putting in the costs to run sewer and
water.
Mayor Capra asked what the costs are.
Mr. Shudy indicated it would be $25,000 to $30,000 to run sewer to his development.
Mr. Shudy indicated he was asked to pay $4,197 for his parcel.
Council Member Lee indicated that after Mr. Shudy purchased his property, but before he
obtained the permit, the fees were raised.
Council Member Lakso indicated she is concerned with reducing park fees as the City
needs the money to fund park maintenance.
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Council Meeting Minutes
June 22, 2005
Council Member Lee said he could see reducing the storm sewer fees as he has his own
storm water system on site and would not benefit but the park fees are important to the
City.
Mayor Capra commented that there was an exception for the townhome development
because the process was in the works.
City Attorney Hoeft indicated that the fee structure is set and if the City is going to
deviate from that then it needs to be a unique situation.
Mayor Capra indicated that Mr. Shudy is running sewer and water to his parcel at his
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own expense and that would stub it down almost to 21 Avenue.
Council Member Paar indicated this is a unique situation as the fees were raised and
created for commercial development during Mr. Shudy’s development.
Mayor Capra indicated she has no issue with waiving the sewer fees and agreed under
these circumstances to reduce the park fee to $2,100.
Council Member Terway indicated the City has a schedule of fees and asked whether this
would set a precedent for reducing fees upon request.
City Attorney Hoeft indicated that unique circumstances could justify the fee reduction
and then said that the fact that this project was underway when the park fees were created
for commercial development could be found to be a unique circumstance.
Council asked whether there is any impact to the storm sewer system of the City.
City Administrator Larson indicated that developers are required to do ponding on their
site as well as pay storm water fees.
City Attorney Hoeft indicated it is a choice to hook up to City water and there are
benefits to Mr. Shudy. He then said that he feels there almost has to be some water
runoff to the storm water system from Mr. Shudy’s property so there is impact to the
system.
Mr. Shudy indicated he has a half an acre of pond for water settlement and seepage and
rain garden.
Council Member Terway indicated that all developers are required to do ponding but a
fee is still charged. He then said that there is room for negotiation on the park fees.
Mayor Capra indicated she would be willing to reduce the park fees to $2,100 but leave
the storm sewer fee as is.
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Mr. Shudy commented that he understood the storm water fees but he was looking to try
and reduce his extensive costs to hook up to Centerville’s water.
Council Member Lee asked whether developer’s pay 100% of costs to run water.
City Attorney Hoeft reminded Council that this is a choice and he suspects Mr. Shudy is
making that choice because the costs of the well and maintenance over time not just
initial time is more expensive than running City water.
Motion by Council Member Terway, seconded by Council Member Lee, to approve
a reduction in park dedication fees and require Mr. Shudy to pay $2,100 and the
rest of the fees remain the same. The reduction is based on the fact that the plans
for the property were submitted prior to the creation of the commercial park
dedication fees. All in favor. Motion carried unanimously.
2. Mr. George Gibson, Eagle Trail
Mr. Gibson addressed Council regarding a permit for a screened porch that was rejected
due to an easement issue.
City Administrator Larson explained that Council contemplated one month ago whether
to allow encroachment agreements and decided the City did not want to but, if the
resident could prove that the easement was not needed and the engineer concurred,
perhaps the City would give up a portion of the easement. He then said that the Engineer
has looked at this and feels it would be appropriate to reduce the size of the easement.
Mr. Peterson indicated the old easement had a line going right to where his house is and it
is not accurate as it was done before the house was there.
City Administrator Larson suggested releasing easement from the interior where it
crosses the side property lines and would leave him enough room and it would be easy
enough to describe.
City Attorney Hoeft indicated that someone would need to provide a legal description to
create a quit claim deed to release the property from the easement as well as a recording
fee. He then said that legal would be created and there would be a fee for that and a
drafting fee for the quit claim deed of about $100.00 and then recording fees to the
County. He further estimated costs at around $500.00.
City Attorney Hoeft indicated that Mr. Gibson could create his own legal description
using his own attorney or surveyor and City Staff would review it.
Motion by Council Member Terway, seconded by Council Member Lee, to
authorize the City Engineer to prepare the legal description and the City Attorney
to prepare a quit claim deed for review for vacating a portion of the easement at
7074 Eagle Trail. All in favor. Motion carried unanimously.
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3. Sergeant Aldrich
Council Member Lee indicated that he has been getting a series of calls and complaints
about a couple of rental properties.
Sergeant Aldrich indicated that he handled some issues last week but nothing has been
happening this week. He then said it looks like one property owner is working on it and
they will continue looking at it.
Ms. Mensch, a partner in ownership of 1742 Main Street, indicated she is a landlord of
one of the properties and she has had a number of calls from neighbors and also she has
spoken with City Hall and they are concerned about what is going on and wanted to state
that while she has requested that if something objectionable is going on neighbors need to
call the police because she has no legal recourse unless there is a police report filed with
names so that she can enforce her lease.
Mayor Capra thanked her for being a responsible landlord within the City. She then said
that neighbors were not happy with officer response and that is being addressed.
VI. PUBLIC HEARINGS
None.
VII. NEW BUSINESS
1.P & Z Request for Council Consideration – Ordinance #31
City Administrator Larson indicated that the City only licenses only one or two of the
listed contractors and questioned whether this Ordinance is necessary.
Mayor Capra asked if they have to prove licensing when they pull building permits.
City Administrator Larson indicated this is very difficult to enforce and the City is
currently not licensing most of them.
Council directed Staff to draft an Ordinance repealing Ordinance #31.
2. Resolution #05-017 – Fee Schedule (Fence Permit, NSF & Street
Cutting/Opening)
City Administrator Larson reviewed the suggested changes in fees with Council.
Council agreed to raise the fees for adult uses to $2,500.
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Motion by Council Member Lee, seconded by Council Member Lakso, to approve
Resolution #05-017 as presented. All in favor. Motion carried unanimously.
3. Resolution #05-029 – Encouraging Local Economic Development Efforts
City Administrator Larson indicated that there was a suggestion to table this Resolution
until a joint meeting could be scheduled with the EDC.
Council Member Lee indicated that he is concerned about a committee meeting without
following open meeting laws.
Council and Staff discussed EDA and the potential makeup of an EDA and agreed to
meet jointly with the EDC for further discussion.
Motion by Council Member Terway, seconded by Council Member Lee, to table
Resolution #05-029. All in favor. Motion carried unanimously.
Council Member Paar said that he would need further information and have further
discussions on this before he would be comfortable.
Council asked Staff to set July 13, 2005 at 5:30 p.m. for a joint EDC and Council
meeting.
4. Proposals for Design Study – Downtown
Motion by Council Member Lakso, seconded by Council Member Lee, to direct
Staff to move forward with a contract with Damon Farber Associates. All in favor.
Motion carried unanimously.
5. Consider Repealing Fireworks Ordinance #69 – Conflicts w/State Statute 412.191
City Administrator Larson indicated that repealing a couple of sections would make the
Ordinance in compliance with the state statute.
City Attorney Hoeft indicated the proposed amendments seem fine to him.
This item handled later in the meeting.
6. Resolution #05-030 – 7241 Main Street – Knabe Lot Split
Motion by Council Member Lakso, seconded by Council Member Paar, to approve
Resolution #05-030 as presented. All in favor. Motion carried unanimously.
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7. Resolution #05-031 – Redemption of G.O. Bond - $720,000
Motion by Council Member Terway, seconded by Council Member Paar, to
approve Resolution #05-031 as presented. All in favor. Motion carried
unanimously.
8. Resolution #05-034 – Implement Connection to City Water System
City Administrator Larson asked Council to consider approval of this Resolution to
implement connection requirements for those that have City water available.
Council Member Lee agreed with the concept but said that in public hearings have told
residents that they would not be forced to connect.
Council Member Terway asked whether the City could charge a minimum water fee if
they are not hooked up.
City Attorney Hoeft indicated if the City set a sunset date and they hook up but they do
not use it the City would have the right to charge a use fee.
Council Member Lee indicated he would be in favor of a sunset date that was out far
enough to give residents plenty of notice.
Council Member Paar agreed with Staff that everyone needs to be hooked up or else it
will cost everyone else more to pay for the water system.
Council Member Lakso agreed but suggested a longer sunset date.
Council Member Terway said he could support the 12 months for new construction and
set out the sunset date to allow five years.
Mayor Capra suggested the effective date be in 2006 for fairness.
Council Member Lakso said she would agree with five years at the most for the sunset.
Council agreed to an effective date of January 1, 2006 and would sunset on December 31,
2012.
Motion by Mayor Capra, seconded by Council Member Paar, to approve Resolution
#05-034 as amended. All in favor. Motion carried unanimously.
9. Resolution #05-035 – East Block 7 Redevelopment – Livable Communities Grant
Motion by Council Member Paar, seconded by Council Member Lee, to approve
Resolution #05-035 as presented. All in favor. Motion carried unanimously.
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10.Authorization for Bonestroo to Perform Work Study for Backage/Pond
Mayor Capra indicated this item is not necessary based on information provided at the
worksession and directed Staff to go back to Mr. Drilling with the maps to see if there is
any interest in negotiating a new price.
11. Developer’s Agreement – Pheasant Marsh, Phase III (Ground Development)
City Attorney Hoeft indicated there was discussion between he and Mr. Peterson and he
and Mr. Larson regarding the Developer’s Agreement with the major issue being the
proposed cap on engineering fees. He then said that Bonestroo is amenable to setting a
certain amount for engineering fees with no consequences back to the City so if costs
would exceed their estimate, Bonestroo would waive the additional costs.
City Attorney Hoeft indicated that this type of arrangement would resolve the pending
litigation for assessments on the other phases of the development. He then said that Staff
would draft a development contract with that language for review.
12. Bonestroo/Maguire Iron, Inc. – Request for 30 Day Extension (Water Tower
Extension)
Mr. Peterson indicated that Maguire Iron has asked for an extension due to weather
condition.
Motion by Council Member Lakso, seconded by Council Member Paar to authorize
a 30-day extension. All in favor. Motion carried unanimously.
13. Ordinance #85 – Amending Ordinance #69
Motion by Council Member Lee, seconded by Council Member Terway to approve
Ordinance #85 as amended. All in favor. Motion carried unanimously.
14. Water Extension – Mound Trail
City Administrator Larson handed out an engineering estimate to provide water down
Mound Trail. He then explained that Mr. Thill has an issue with his well and asked
Council to consider whether to extend water to the area. He then said that the estimate is
approximately $5700 per lot to bring the water to the property line.
Council Member Lee asked the costs for a new well.
Mr. Thill indicated it is approximately $4,500.
Mayor Capra said that if water is coming down within the next two years he would rather
look at that.
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City Administrator Larson indicated that there are some relatively new homes in the area
that would not want water and suggested to build the water and recover money through
connection fees when residents do connect or do an assessment hearing or make a change
order project and direct the contractor to do more work under the contract from last year.
Mr. Peterson indicated that Bruce at Dresel is out of town but was told that he would
need to look at their schedule and prices but they seemed interested and the hope is to get
it at last year’s cost with the addition of directional drilling required.
Mr. Peterson indicated they could probably do it this year but he has no idea as to their
schedule.
Council agreed to try to get the contractor to add it on as a change order to last year’s
contract.
City Attorney Hoeft indicated that the City would need to go through the 429 Process if
the existing contractor is not interested in doing the change order.
Council Member Lee said that he does not think that the City should hold up Mr. Thill
with putting in his well if the City cannot do the fast track process for running water out
there.
Mayor Capra clarified that Council is interested in running water down Mound Trail to
Buechler Estates using the fast track through last year’s contractor, if possible.
15. Lot Split Fees Water and Sewer
City Administrator Larson indicated that this relates to lots split with benefits of water
and sewer that have split after water was available. Staff will bring a Resolution for
consideration.
VIII. OLD BUSINESS
1. Resolution #05-033 – Participation Twin Cities Community Capital Fund
City Attorney Hoeft indicated that the structure and organizational documents are fine
and the policy of whether to enter into this agreement is up to Council. He then asked
Council to consider whether this is a need within the City or if this is a tool looking for a
use.
Council Member Paar asked how he sees the City’s businesses using this if the City
participates.
City Administrator Larson indicated that the City is investing this for three years and the
only thing being given up is the interest the City would have earned over three years on
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the money. He then said that this is a useful tool for the business community but the City
does not know if there is a need for it until it is made available.
City Administrator Larson indicated the interest value would be put in toward expenses
and any one after initial group will be asked to pay a fee for maintenance for the program.
Council discussed the agreement with the City Attorney.
City Attorney Hoeft commented that Council is responsible to act in a fiduciary manner
with taxpayers’ money so Council needs to understand that the City will not get interest
off of the $50,000 but, in order to offer this program and act proactively from a
community development standpoint, it can be considered to be a responsible use of
taxpayers’ funds.
Council Member Lee indicated he would support this for a trial period of three years and
if no one uses it then get the City’s funds back.
Motion by Council Member Lakso, seconded by Council Member Lee to approve
Resolution #05-033 as amended to include that after three years there is a review to
determine if the funds are being used by Centerville businesses. All in favor.
Motion carried unanimously.
2. T-Mobile Antenna Lease (Tabled from Previous Meeting)
Motion by Council Member Lee, seconded by Council Member Lakso, to table. All
in favor. Motion carried unanimously.
3. CSAH 14 Watermain Extension – Feasibility Report (Not to Exceed $4,000)
City Administrator Larson indicated that this is the work to be done by Bonestroo for this
project.
Motion by Council Member Terway, seconded by Council Member Paar to approve
the Feasibility Report Not to Exceed $4,000. All in favor. Motion carried
unanimously.
IX. ANNOUNCEMENTS/UPDATES
1. City Administrator – Mr. Dallas Larson
Mr. Larson indicated that there are three trucks available for sale and he would like to
discuss alternative ways to get them sold.
Council asked Staff to look into advertising in the Auto Trader.
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2.1601 LaMotte Drive
No report.
3. Downtown Redevelopment Planning
Previously covered.
4. CSAH 14/Main Street Project/County Response to Draft MOU
City Administrator Larson indicated he is waiting for a date to be set to meet.
5. National Recycling Congress
Mayor Capra gave an overview of the Solid Waste Commission meeting and asked
Council for authorization to use SCORE Grant funds in the amount of $1,400 for two
staff members to attend the National Recycling Congress during the day and perhaps she
could attend meetings in the evenings.
Motion by Council Member Terway, seconded by Council Member Lee to approve
the use of SCORE Grant funds in the amount of $1,400 for Staff and/or Council to
attend the Waste Conference. All in favor. Motion carried unanimously.
6. Correspondence
Mayor Capra indicated that the Anoka County Board has adopted a resolution relating to
the issuance of a permit for archery deer hunting in the Rice Creek Chain of Lakes Park
Preserve.
Mayor Capra indicated that EDC met and would like to know if the City is going to be
participating in the parade with City vehicles. EDC has suggested using banners on City
vehicles to promote volunteering.
X. ADJOURNMENT
Motion by Council Member Lakso, seconded by Council Member Terway to
adjourn the June 22, 2005 City Council Meeting at 9:25 p.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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