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HomeMy WebLinkAbout08-07-09 CC - ApprovedCITY OF CENTERVILLE CITY COUNCIL MEETING July 9, 2008 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on July 9, 2008, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Linda Broussard-Vickers ~ ~ Council Member Michelle Lakso 0 Council Member Jeff Paar ~ O ABSENT: Council Member Tom Lee STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz L CALL TO ORDER Mayor Capra called the July 9, 2008, City Council meeting to order at 6:34 p.m. IL PUBLIC HEARING 1. Improvement of Old Mill Road from a point approximately 200 feet north of Revoir Street to the north City limits by installation of water main, sanitary sewer, street pavement, curb, storm sewer and related draina.~e improvements. Mayor Capra opened the Public Hearing at 6:35 p.m. City Administrator Larson reported that, as required by law, a notice of the proposed assessment was mailed to all property owners, including an estimate of what their specific payment may be. This is included in the Council's packet. City Engineer Statz reported that improvements are substantially complete, and there will be an Assessment Hearing after the improvements are complete to make sure the total costs are in line with the estimated costs. He stated that they are ready to move forward with the assessments. City Attorney Glaser announced that everyone can comment on the assessments. He stated that the City has double and triple checked the numbers, and they would not assess anyone for more than the increase to their property value. He added that the City has done its due diligence from the legal prospective as well. He stated that if there were objections, they would be sent to the City Council first, and then to the District Court. City of Centerville City Council Meeting July 9, 2008 After that, they would have to get their own legal counsel. There are handouts here further explaining the process. Mayor Capra inquired whether there was anyone who wanted to speak during this Public Hearing. Mr. Jeff Carroll, Attorney on behalf of Ms. Cathy Fruth, 7384 Old Mill Road, and Mr. Fred Fischer, 7396 Old Mill Road, stated that his primary reason for being here is that the value of Ms. Fruth's assessment is not in agreement with the increased value of the property. He stated that the assessment is about $100,000, more than 25% of the value of property, and it will increase Ms. Fruth's property taxes more than $1,400 ?per year. Mr. Carroll stated that another issue is that Ms. Fruth was assessed for a water main and sewer main, when she already has these on the southeast corner of her property. He stated that this would be a duplication of services, with no additional benefit to her. He added that there were also other objections, which are outlined in the written notice he sent to the Council. City Attorney Glaser inquired whether Mr. Carroll had any professional basis for his objections regarding the property value and whether he had an appraisal of the property's value. Mr. Carroll replied that no, this was not done. City Attorney Glaser inquired whether Mr. Carroll was aware that Ms. Fruth had never been assessed for the water main on the east side of her property. Mr. Carroll replied that the water main on the east side of her property was put in 12 years ago, when it only would have cost about $35,000. The prices now are a lot higher and she is now expected to pay the higher amount. Mayor Capra inquired whether there was anyone else who would like to speak. There was no response. Motion by Council Member Broussard-Vickers, seconded by Council Member Paar, to close the Public Hearing. All in favor. Motion carried unanimously. Mayor Capra closed the Public Hearing at 6:40 p.m. III. APPROVAL OF AGENDA Mayor Capra added the following items to the Agenda: Page 2 of 14 City of Centerville City Council Meeting July 9, 2008 Item 2 under Consent Agenda -Encroachment Agreement -Fence, 7031 Eagle Trail (Pages 11-20) Item 1 under New Business -Should add at the end "(Pages 21-22)." Item 2 under New Business -Should add at the end "(Page 23)." Item 3 under New Business -Special Event & Raffle Permits - St. Genevieve's Catholic Church, August 3, 2008 - "Golden Boys" Benefit Contingent Upon Proper Insurance Documentation on File with the City (Pages 24-39) Item 4 under New Business -Res. #08-0XX -Identifying the Need for Livable Communities Demo. Account Funding & Authorizing Application Submission (Pages 40-41) Item 5 under New Business -Res. #08-OXX -City as Legal Sponsor for Redevelopment Grant Program & Submittal to DEED for Funding (Pages 42-43) Motion by Council Member Paar, seconded by Council Member Broussard-Vickers, to approve the agenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF MINUTES 1. June 25, 2008, City Council Meeting Minutes The following changes to the minutes were made by Councilmember Lakso: On page 4, under CERT Team Introductions, "Dennis Maki of Centerville" should be added as one of the CERT Team members who were in the audience. On page 4, under CERT Team Introductions, the 1st sentence in the 5th paragraph should read, Councilmember Lakso stated that the CERT Team has "the training they need to help save lives." On Page 4, under Centennial Lakes Police Chief Bob Makela - 2007 Annual Report, "thanked Councilmember Lakso" should be changed to "thanked the Council." On Page 9, the 6th paragraph, "they have the Citizen Group" should be changed to "they have a citizen group." Motion by Council Member Broussard-Vickers, seconded by Council Member Paar, to approve the June 11, 2008, City Council Meeting Minutes as amended. Motion carried unanimously. Page 3 of 14 City of Centerville City Council Meeting July 9, 2008 V. CONSENT AGENDA 1. City of Centerville June 25, 2008, throu.~h July 9, 2008, Claims 2. Encroachment Agreement -Fence, 7031 Ea 1.~ e Trail Councilmember Broussard-Vickers inquired whether the encroachment is because of the back edge. She also inquired whether the neighbor next door does not want the new fence attached in any way to his fence. City Administrator Larson replied that they need the City's approval to build anywhere within that 10-foot area. The neighbor wants their fence to be free standing and separate. Motion by Mayor Capra, seconded by Council Member Lakso, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VL AWARDS/PRESENTATIONS/APPEARANCES None VII. OLD BUSINESS Ms. Cathy Fruth (7384 Old Mill Road) -Driveway Issue - (Old Mill Road Improvements) - (Tabled from Previous Meeting City Engineer Statz stated that he prepared a few documents and included them in the Council's packet. Included is a picture of the finished product last year, after they took it back 50 feet to make the grade better. He stated that when they did the road last fall, they discussed this with Ms. Fruth and agreed to make it less steep, and they added new sod. He stated that the Plan Sheet shows an estimated 1 foot 7 inch lowering of the road. An email from the Inspector last year stated that this is what we could do to get it to 8% and that going back farther would not help. City Engineer Statz went on to state that based on the Inspector's recommendations, past the 50 foot mark the grade is about the same as what is on the lower portion of the driveway now. The only option would be to flatten the driveway out 10-20 feet back from the curb, but doing that would make the rest of the driveway 10-12% steeper. He added that 2% - 8% are the parameters they stay in, and they are right at 8%. He stated that there are hundreds of other residents in Centerville that have driveways at the same level or worse. Mayor Capra inquired whether they had added gravel. City Engineer Statz replied that yes, they had. He added that the gravel takes a year or so to settle in. Page 4 of 14 City of Centerville City Council Meeting July 9, 2008 Councilmember Paar stated that he drove by and did not believe they had the right numbers. He added that he believed they would be just "chasing their tail" as to where the least amount of incline should be. He stated that, by looking at the picture, it is hard to say exactly what footage it is -there is just an area that is humped up before the blacktop. City Engineer replied that the two fixed points are at the curb and the garage and, according to that, they have achieved 8%. Councilmember Lakso stated that she did not know what the remedy was. She stated that she would like to hear options as to what could be done to remedy this, and that, depending on the dollar amount, she would be in favor of fixing it according to what Ms. Fruth would want. City Engineer replied that there were only 2 options. One would be to flatten it out for 15-20 feet, but then the 20-50 foot portion would be steeper. The other option would be to leave the grade as it is and pave a section back about 30-40 feet, which would probably help the ice situation. Councilmember Paar agreed that, if they lower the grade to be less steep towards the road, that would increase the grade farther up on the driveway. He stated that, to him, that would be like "robbing Peter to pay Paul." City Engineer Statz replied that Ms. Fruth believes the danger is sliding out onto the road. He stated they could put a flat spot near the intersection so the car can stop easier. Councilmember Broussard-Vickers stated that, when you look at the driveways south of Ms. Fruth's and on the same side of the road, they are steeper than this by quite a bit. Councilmember Broussard-Vickers added that she does not think this is a detriment. Ms. Fruth stated that City Engineer Statz had told her that the driveway would be 1 foot lower, but now it is 4-1/2 feet lower. She stated that she should not have to deal with the cost, because it was not that way before. She added that the City created the problem, so the City should fix it. Mr. Fred Fischer, Ms. Fruth's next door neighbor at 7396 Old Mill Road, stated that they are not talking about 2% -they are talking about 8%. He added that yes, other people have steep driveways also, but they chose to build it that way. Ms. Fruth did not choose to have the driveway that way. Mr. Fischer also stated that the City had closed off the drainage for his property, and the culvert was removed. He stated that caused his road to erode. He added that the City did not consider his and Ms. Fruth's side of the road. They cannot even drive into their property. Page 5 of 14 City of Centerville City Council Meeting July 9, 2008 City Engineer Statz stated that he was not aware of Mr. Fischer's issue. He stated that they would be willing to look at it and see if there is a reasonable solution. Mayor Capra stated that City Engineer Statz would evaluate Mr. Fischer's situation. She stated that she was open to blacktopping part of the driveway. She then inquired as to what Ms. Fruth is looking for. Ms. Fruth replied that she does not know what the answer is, because she is not an engineer. She stated that it is almost 150 feet from the road to her house. She stated that City Engineer Statz had stated that the road would be 1 foot lower, and that she would hardly know the difference. She stated that it is now 4-1/2 feet lower. She added that, if they put tar on it, her taxes would go up. City Engineer Statz inquired as to what would be acceptable to Ms. Fruth. He stated that, in order to prepare for further development of her property, they could not leave the road as it was. Ms. Fruth replied that she does not know the answer, but she wants her road fixed back to the way it was. She suggested that they should come out and drive down the driveway, and they would see that it is worse than it looks in the picture. She stated that what she is hearing is that they are going to slap some tar on it, and that will be the end of it. She stated that would make her property look ridiculous. She added that she pays $5,200 per year in taxes. Mayor Capra stated that they are open to trying to solve the problem. She suggested that they could blacktop part of the way up. Ms. Fruth replied that she wants less of a slope on her driveway and that it should be tapped down so it will hold up the way it did before. City Engineer Statz stated that he believes blacktopping the driveway approximately 30- 50 feet would solve any on-going maintenance problems. Councilmember Broussard-Vickers stated that they cannot change the grade. She added that Ms. Fruth does not want the blacktop, because it will increase her taxes. She stated that they need to do something else down at the bottom of the driveway, and they would need to maintain it. City Engineer Statz stated that road elevations are strategically planned. He told Ms. Fruth that the value is very dependent on the ability to develop her property. Ms. Fruth replied that she is the one living there, and she knows the problems she has had. Mayor Capra stated that she would like City Engineer Statz to come back to the City Council with a plan. Page 6 of 14 City of Centerville City Council Meeting July 9, 2008 City Engineer Statz stated that there are only 2 choices -the existing grade or a flat spot near the road and a steeper section farther up the driveway. He inquired as to which option Ms. Fruth would chose. Ms. Fruth replied that she would choose neither option right now. City Attorney Glaser told Ms. Fruth that they really want to help her, but they cannot give her exactly what she wants. He added that, from a legal prospective, there is only so much the City can do and so much the City is responsible for and, what is being proposed exceeds what the City legally would have to do. After they do what is being proposed, the City will also maintain it and compact it. He added that, if she wanted to, Ms. Fruth could take a couple of days to think about it. Ms. Fruth stated that she cannot make a decision right now. Mayor Capra requested that City Attorney Glaser and City Engineer Statz take 15 minutes to continue this discussion with Ms. Fruth, Mr. Fischer, and their attorney in the office. She stated they should let the Council know if they would like another week to decide. City Engineer Statz stated that, if the Council is comfortable with one of the two choices, they would do whichever choice is made. Mayor Capra stated that the Council will also need to know what the cost will be. Councilmember Paar suggested that City Attorney Glaser and City Engineer Statz could also look at the situation with the culvert and drain the on Mr. Fischer's land during their discussion in the office. City Engineer Statz returned later and stated that no decision had been made. He stated that Ms. Fruth would be given some time to make her decision. Motion by Council Member Broussard-Vickers, seconded by Council Member Paar, to table Ms. Cathy Fruth's 7384 Old Mill Road driveway issue. Motion carried unanimously. VIII. NEW BUSINESS 1. Res. #08-0XX - Adopting Assessments on Old Mill Road Improvement City Administrator Larson suggested that the Council defer action on this Resolution until the next meeting so the attorney can analyze what they have and get additional advice from another one of the appraisers. Page 7 of 14 City of Centerville City Council Meeting July 9, 2008 Motion by Mayor Capra, seconded by Council Member Lakso, to table consideration of Res. #08-OXX - Adopting Assessments on Old Mill Road Improvements, until the next City Council Meeting. All in favor. Motion carried unanimously. 2. Recommendation of Candidate to Fill Vacant Buildin.~ Inspector/Public Works Technician City Administrator Larson stated that candidates had been interviewed, and a written recommendation was emailed to the Council, and is also in the Council's packet, to hire Richard Chase, who lives in Cottage Grove, Minnesota. They had suggested an incentive of up to $4,000, to help him to move within 10 miles of Centerville within 18 months. He stated that he knows that Councilmember Lee, who is not present, is very much against giving him the incentive, but Councilmember Lee did agree that they should have a response time included in the hiring policy. City Administrator Larson stated that they have a response time concern for their City Works people, and it would be better to have someone closer. He added that, if the person is farther away, that would make the response time more of an issue. He stated, however, that the person Mr. Chase would be replacing lived 25 minutes away. He explained that the incentive would be to help Mr. Chase move closer to Centerville. The other alternative would be to say that it is not acceptable for this employee to live that far away. Mayor Capra stated that, with public employees, it is different than the private sector as far as rules and regulations go. City Administrator Larson stated, because public employees are part of a Labor Union, they would have to negotiate with the Labor Union. The restriction about how far away an employee lives is not currently part of the policy, and imposing the term and condition has not been negotiated. Councilmember Lakso stated that there is a probationary period, where the City could test that person's ability to respond quickly enough. City Administrator Larson stated that it would not be easy for Mr. Chase to sell his house and move his family. Councilmember Broussard-Vickers stated that 1VIr. Chase seems to have everything the City is looking for. She suggested, however, that later they would need to look at the City's policy in regard to hiring in the future. She stated that they cannot do something retroactive. She recommended approving the hiring of Mr. Chase with the incentive. She stated that would be the reasonable thing to do for a highly qualified candidate. Mayor Capra stated that she can get to Woodbury in 25 minutes from Centerville. Page 8 of 14 City of Centerville City Council Meeting July 9, 2008 Councilmember Paar inquired whether there had been a discussion with Mr. Chase about him moving closer. City Administrator Larson stated that Mr. Chase expressed a willingness to try to move closer. He added, however, that he would not guarantee, even with incentive, that Mr. Chase would want to move. Councilmember Paar inquired whether, because it is a Union position, they would have to renegotiate with the Union that the employee must be within a certain number of miles from the City. City Administrator Larson replied that that is correct. He added that the current contract is through 2009. Councilmember Paar inquired whether Mr. Chase was a standout from the other candidates. City Administrator Larson stated that yes, he is. He stated that Mr. Chase has building official designation, has been trained using the new codes, and has 4-5 years of experience with Minnesota public transportation doing other public works job. He stated that Mr. Chase would be a good fit and could start right away without a lot of training. Councilmember Paar inquired about what if Mr. Chase's rotation came up, there was a major issue, and it took him hour to get here. By then someone else has been called. Councilmember Paar inquired whether we could then tell him he would have to move closer. City Administrator Larson replied that he would have to be able to handle the duties of the job. Councilmember Paar inquired whether that would also be the case on the union contract. City Administrator Larson replied yes, but it would have to be reasonable. Then you could do something about it, especially during the probation period. Motion by Council Member Broussard-Vickers, seconded by Council Member Paar to approve a conditional iob offer to Mr. Richard Chase at the pay scale presented and including the incentive, subiect to results from his background check and employment physical. All in favor. Motion carried unanimously. 3. Special Event & Raffle Permits - St. Genevieve's Catholic Church Au u.~ st 3, 2008 - "Golden Boys" Benefit Contin e.~ nt Upon Proper Insurance Documentation on File with the City (Pages 24-39~ Page 9 of 14 City of Centerville City Council Meeting July 9, 2008 City Administrator Larson stated that this is for an additional raffle, and that they already have their insurance certificates filed with the City. He added that this is a benefit for a specific purpose, but it seems to be just fine. Motion by Council Member Broussard-Vickers, seconded by Council Member Lakso, to approve the Special Event and Raffle Permits for St. Genevieve's Catholic Church's August 3, 2008, "Golden Boys" Benefit. All in favor. Motion carried unanimously. 4. Res. #08-OXX -Identifying the Need for Livable Communities Demonstration Account Funding & Authorizing Application Submission (Pages 40-41~ Finance Director Meyer recommended supporting the development. He stated that both are improvements: one is a townhouse site and the second is further assistance for Block 8 with a parking lot and widening of Centerville Road. Councilmember Broussard-Vickers inquired about the timing. She questioned whether we are applying too early and inquired whether what is on the board right now may not be the final product. Mayor Capra inquired about the timeline for spending the dollars. Mr. Meyers replied that they have until 2012 to spend the dollars; however, they have motivated sellers right now that are affecting the situation, and requested that the application be considered. Motion by Council Member Broussard-Vickers, seconded by Council Member Lakso, to approve account funding and authorize application submission of Res. #08-00 - Identifying the Need for Livable Communities Demonstration Grant Funding. All in favor. Motion carried unanimously. Res. #08-OXX -City as Le a.~ 1 Sponsor for Redevelopment Grant Pro r.~ am & Submittal to DEED for Funding (Pages 42-43~ Finance Director Meyer stated that they had to be prioritized because they submitted two proposals. He stated that there are redevelopment grant funds. He added that, they are requesting to apply for both Block 8 (C on the map) and Block 2, but the priority is for Block 8. He stated they could apply for the Block 2 Project through a DEED application process August 1, 2008. Motion by Council Member Paar, seconded by Council Member Lakso, to table consideration of Res. #08-OXX -City as Legal Sponsor for Redevelopment Grant Program and Submittal to DEED for Funding. All in Favor. Motion carried unanimously. Page 10 of 14 City of Centerville City Council Meeting July 9, 2008 IX. ANNOUNCEMENTS/UPDATES 1. Citv Administrator. Mr. Dallas Larson City Administrator Larson stated that he provided a written report to the Council regarding receipt of requests from residents to meet with City Engineer Statz. City Administrator Larson stated that this would not be good use of City Engineer Statz's time, but suggested that they could talk to him on the telephone. Mayor Capra stated that she met with a dozen residents on Unity Avenue prior to the City Council meeting, and she informed them that the project is up for bid. She also informed them that the next time to have a say would be during the Assessment Hearing. She added that she explained to the residents that they are trying to do the least amount of improvements to provide them with the greatest length of time for repayment. Mayor Capra inquired as to how long the timeline is to pay back the various dollar amounts. Mr. Meyer replied that they do not have a specific timeline. It would depend on the total amount owed. He added that the Council could look at it. City Administrator Larson stated that it was in the assessment as 10 years. Mr. Meyer stated that the residents can prepay at any point in time except to exceed the year length. Councilmember Broussard-Vickers desired financing adjusted so no payment would exceed $100 per month for 5 years (if possible). Discussion ensued. City Administrator Larson suggested having a Work Session to discuss this further. Councilmember Broussard-Vickers stated that once the numbers are available, the Council could have a Work Session. City Administrator Larson stated that he would not want the other residents to be at a Public Hearing at the same time as corner lot and special cases residents, as that could cause problems. City Engineer Statz stated that they would look at a front footage basis. Councilmember Broussard-Vickers stated that they expect to have the numbers by late September. City Administrator Larson stated that the assessments would start in May 2010. Page 11 of 14 City of Centerville City Council Meeting July 9, 2008 Mayor Capra stated that people feel the City should be more proactive with providing information to the citizens. She suggested that it may be helpful to do more in the newsletter, and maybe have an article once or twice a year in the newspaper. Discussion ensued about what is done now and if more should be considered. 2. Update on Police and Community-Oriented Policing and Problem Solving City Administrator Larson stated that there were 2 days of training, and all the Officers and Staff are participating. Mayor Capra stated that she attended for part of the day (July 9). She stated that Centerville, Circle Pines and Lexington were also represented. She added that, hopefully, this will give the officers additional tools to do their job. She stated that the goal is to be proactive with crime. Mayor Capra reported that the police caught a vandal in progress in LaMotte Park. City Administrator Larson stated that they caught a person who told police who the others were. Councilmember Lakso inquired about what was the time of day. City Administrator Larson replied that he believed it was at night. Councilmember Paar questioned whether there was any more vandalism at the Skate Park. City Administrator Larson stated that the City had completely painted over the vandalism, but the vandals did it again, and did a lot more damage ($3,000 - $5,000 worth). He added that, hopefully, when they are caught, they can get them to do community service and repaint it themselves. 3. Main Street/CSAH14 Proiect City Engineer Statz reported that he attended the weekly meeting, and they are moving forward and anticipate moving into Stage 3. He stated that they were only supposed to get to Stage 2, but they will ask the County to be able to move to Stage 3. City Engineer Statz stated that he believes the County would allow that. He added that you would see that the road and corresponding utilities and grading would be down to County 54. Discussion ensued. Page 12 of 14 City of Centerville City Council Meeting July 9, 2008 City Engineer Statz stated that they are slowing picking away material as they need it, as they move to the east. He added that, when they have finished picking at that pile, they would be opening up the road -possibly in September of this year. Mayor Capra inquired whether they are we going to do the downtown squares. City Engineer Statz replied that yes, at this point, the current plan is to pour concrete this year. He stated that by the northeast corner, there is an empty space where they will pour a lot of concrete. He added that they only had one contractor to work with. City Administrator Larson stated that, as soon as the rocks are put down, people will be able to drive on it. City Engineer Statz stated that he will know the date on July 10, and that he will get more information about Item 5. Councilmember Lakso inquired as to how they will inform residents. City Engineer Statz stated that they would post "No Parking" signs 48 hours in advance. 4. Soil Contamination City Engineer Statz stated that they found new tanks in the ground (gas and diesel), and that the County would be doing an investigation. Mayor Capra stated that a lot of people buried fuel oil tanks years ago. City Engineer Statz stated that they will wait and see what the County's investigation turns up. He added that, when the County is doing their investigation, they will also be out there and watch what they are doing. Planning and Zoning Commission's Meetin o.~ n July 1, 2008 -Fences and Signs Councilmember Broussard-Vickers reported that the Planning and Zoning Commission changed the location of where the fences should go. She stated that they settled on 10 feet back from front corner, as long as it did not create too much of a linear. She inquired whether that sounded all right to the City Council. Councilmember Paar replied that he would rather have that than have the equipment, that is stored on the side of their homes, in plain view. Councilmember Broussard-Vickers stated that the Planning and Zoning Commission also had a discussion regarding signs. She stated that, before this issue is addressed at a Public Hearing, it needs to be addressed by the City Council. She added that there were varying opinions, and that they were not in favor of restricting businesses too much. Councilmember Broussard-Vickers stated that she is not sure the City Council will agree Page 13 of 14 City of Centerville City Council Meeting July 9, 2008 with what the Planning and Zoning Commission decided. She added that she wants to make sure the Council has time to review it. City Administrator Larson stated that they would also be looking at Hugo's sign regulations and maybe Forest Lake's. Discussion ensued. 6. Cable Budget City Administrator Larson stated that the cable budget is based on "what if we lose this money." He stated that they are going to fight to keep it the way it is. He added that they want to streamline channels, but the City does not want to lose anything that they have. They are still looking at it. Mayor Capra stated that they can take free classes through Northwest Cable. 7. City Council Work Session Meeting - 2009 Draft Budget Mayor Capra announced that the July, 9, 2008, City Council Work Session Meeting will immediately follow the July 9, 2008, City Council Meeting, after a brief break. X. ADJOURNMENT Motion by Council Member Lakso, seconded by Council Member Paar, to adiourn the July 9, City Council Meeting. All in favor. Motion carried unanimously. Mayor Capra adjourned the July 9, 2008, City Council Meeting at 8:16 p.m. Transcribed by: Bonita Kaska, Recording Secretary Timesaver Off Site Secretarial, Inc. Page 14 of 14