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HomeMy WebLinkAbout2009-02-11 CC - ApprovedCITY OF CENTERVILLE CITY COUNCIL MEETING February 11, 2009 Pursuant to due call and notice thereof, the City of Centerville held its regularly scheduled meeting on February 11, 2009, at 7:00 p.m. PRESENT: Acting Mayor Jeff Paar Mayor Mary Capra (arrived at 7:25 p.m.) Council Member Linda Broussard Vickers o ~n Council Member Ben Fehrenbacher ~ ~~ ~~ Council Member Tom Lee ~ ~ ~O ~a .. a STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz OPEN FORUM An Open Forum was held, prior to the February 11, 2009, City Council Meeting, beginning at 6:30 p.m. This was an opportunity for members of the public to address the City Council on items not on the current Agenda. Mr. Bill Svetin, Mr. Dan Skoog, and Ms. Pam Kennedy addressed the City Council at the Open Forum regarding the Special Assessments for Peltier Lake Drive and 73ra Street. L CALL TO ORDER Acting Mayor Paar called the February 11, 2009, City Council Meeting to order at 7:00 p.m. IL PUBLIC HEARING None III. APPROVAL OF AGENDA Acting Mayor Paar made the following additions/changes to the Agenda: Remove from Agenda: Interview EDA Candidate, Ms. Michelle Lakso IV. Approval of Minutes, added: Item 4, February 4, 2009, City Council/P&R Work Session Meeting Minutes V. Consent Agenda, Item 1, added: Page 12a, and (Check #024118-0241560) Replacement Check #24159 for Lost Check #024005 - (Voided Check #024148) Page 1 of 9 City of Centerville City Council Meeting February 11, 2009 VIII. New Business, Item 2, added: a. Waiver of Statutory Immunity, b. Umbrella Limits, and c. No Fault Sewer Back-up VIII. New Business, added: Item 3, Rejection of 2009 Street Project Bids VIII: New Business, added: Item 4, Approval to Send New Bids for the 2009 Street Project IX. Announcements/LJpdates, added: Item 4, Fire District Update Motion by Council Member Lee, seconded by Council Member Broussard Vickers, to approve the February 11, 2009, Agenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF MINUTES 1. January 21, 2009, City Council Public Hearing Meeting Minutes Councilmember Fehrenbacher made the following changes: • "Councilmember Michelle Lakso" should be changed to "Councilmember Ben Fehrenbacher." City Administrator Larson made the following changes: • On Page 4 of 5, changed the time the meeting recessed from "*:OS p.m." to "8:05 p.m." • On Page 4 of 5, third line of the last paragraph, the word "do" should be changed to "to." 2. January 28, 2009, City Council Meeting Minutes No changes. 3. January 28, 2009, City Council Closed Special Session Minutes No changes. 4. February 4, 2009, City Council/P&R Work Session Meeting Minutes No changes. Motion by Council Member Lee, seconded by Council Member Fehrenbacher, to approve the January 21, 2009, City Council Public Hearing Meeting Minutes as amended, and to approve the January 28, 2009 City Council Meeting Minutes, the January 28, 2009, City Council Closed Session Minutes and the February 4, 2009, City Council/P&R Work Session Meeting Minutes as presented. All in favor. Motion carried unanimously. Page 2 of 9 City of Centerville City Council Meeting February 11, 2009 V. CONSENT AGENDA 1. City of Centerville January 29, 2009, through February 11, 2009, Claims 2. Centennial Fire District Claims through February 2, 2009 3. Request from Mainstreet Liquor Barrel to Modify Operation Address from 1873 Main Street to 1875 Main Street (Considered at 1/14/2009 Meeting -Off-Sale Liquor License) 4. Massage Therapist Certification/License - Ms. Jamie Lanske (7043 -20th Avenue South, Serenity Now Healing) Motion by Council Member Broussard Vickers, seconded by Council Member Fehrenbacher, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VL AWARDS/PRESENTATIONS/APPEARANCES None VII. OLD BUSINESS None VIII. NEW BUSINESS Parks & Recreation Commission's Recommendation for Centennial Little Leag e's Use of Ball Fields at Laurie LaMotte Park for the 2009 Season Councilmember Lee reported that he was unable to attend the last meeting because of the City Council Workshop on the same day; however, he is familiar with this recommendation. He stated that these fields have been used every year, with the same rules. He added that the Parks & Recreation Commission's main concern is the City's ability to grade the infields because of the budget cuts. The Commission would like to make sure the ballfields are maintained at the current level because, if they are not, they would be more susceptible to accidents. City Administrator Larson replied that the ball fields will be regularly maintained, unless there is other City work that takes precedence. Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to approve the Centennial Little League's Use of the Ball Fields at Laurie LaMotte Park for the 2009 Season. All in favor. Motion carried unanimously. 2. Insurance Matters -Liability Waiver & Optional Coverage a. Waiver of Statutory Immunity Page 3 of 9 City of Centerville City Council Meeting February 11, 2009 City Administrator Larson stated that the staff always recommends that the Council not waive the liability limits provided in the State Statues. City Attorney Glaser strongly recommended that the Liability limits not be waived. b. Umbrella Limits City Administrator Larson stated that the City has not historically had an Umbrella Policy, although many other cities do. He stated that he would like a recommendation from City Attorney Glaser. He added that City Attorney Glaser is presenting this issue to the City Council for a decision. City Attorney Glaser stated that cities do not need this additional coverage because they have Sovereign Immunity and, as long as the City is acting in good faith and according to policy, it cannot be sued. In addition, the City already has coverage in the event a police officer went outside policy limits, and the City got sued. He stated that Umbrella coverage is far in excess of what the City already has. The City already has a combination of the insurance policy from the League and their regular Sovereign Immunity, so they are already immune from most lawsuits. He added that this is something the City can do, but it is not necessary. Councilmember Broussard Vickers stated that, with the current budget constraints and having to make up for the shortfall the City has, she would not support Umbrella Limits for this year. Councilmember Fehrenbacher inquired why some cities chose to have this. City Administrator Larson replied that he believes it could be possible to be sued under some Federal instance, where they do not have to abide by the State's protection for a liability limit. City Attorney Glaser stated that if a police officer killed someone, the City has coverage through the Police Department. He added that he does not see any circumstance where the City would need the Umbrella coverage. Discussion ensued. c. No Fault Sewer Back-up City Administrator Larson stated that No Fault Sewer Back-up is very much like premises medical payments coverage, which would pay for medical expenses if someone slipped on your property, without you having to prove that there was negligence. He stated that this coverage pay for damage to a basement if the sewer backed up, even if it was not caused by the City being negligent. He added that the downside would be that the claim could later cause a higher insurance premium. Page 4 of 9 City of Centerville City Council Meeting February 11, 2009 City Attorney Glaser stated that, as City Administrator Larson explained, this would be nice to have, and it is good for the citizens; however, in the long run, it would lead to higher insurance costs. He added that he believed it could be covered by most Homeowner Policies. City Administrator Larson stated that he believes most Homeowner policies no longer automatically cover this, unless it is added as an endorsement. Acting Mayor Paar stated that this used to be covered, but now it is a very expensive endorsement. He added that he would encourage residents to check their policy to determine whether or not they have this coverage. Councilmember Broussard Vickers stated that, if the City is doing the job it is suppose to do and are not negligent, this is not needed, and she is not in favor of the City picking up additional claims for this. She added that she believes this would also cost more for all citizens. She stated that she would not support this coverage. Motion by Council Member Lee, seconded by Council Member Fehrenbacher, to not waive a. Statutory Immunity, and to decline b. Umbrella Limits and c. No Fault Sewer Back-up. All in favor. Motion carried unanimously. 3. 2009 Street Project Bids City Engineer Statz stated that Bonestroo believes the market has changed since October 2008, so they are asking the City Council to consider the option to rebid the project. City Engineer Statz stated that the Council was given a document, requesting 2 actions: a. Rejection of 2009 Street Project Bids City Engineer Statz stated that this is a request to reject all the bids. He stated that they have the right to do this under the contract that was bid out October 2008. b. Approval to Send New Bids for the 2009 Street Project City Engineer Statz stated that Bonestroo is requesting the Council's authorization to rebid the project, as previously discussed, in three different portions. He stated that they have received feedback from some contractors who say, if this is split up into three different portions as discussed, the bids could be even better. City Engineer Statz stated that the Council had previously given authorization to solicit quotes for the one small portion regarding the ponds, and this process has already begun. A package regarding this has been sent to the Councilmembers. Councilmember Broussard Vickers inquired why, if the City goes out for bid, the "clock" keeps ticking on the residents' appeal processes. Page 5 of 9 City of Centerville City Council Meeting February 11, 2009 City Attorney Glaser replied that the cost of the project is far in excess of any resident's Special Assessment. The affected residents are only paying about 20%; therefore, even if the cost of the project goes down, it will probably not affect the residents' Special Assessment amount. He stated that this will, however, help the overall tax base. The taxpayers pay the other 80% on the project. He added that the City will not have to have a new Public Hearing. Councilmember Broussard Vickers inquired whether the amount of the Special Assessment is between 20-25%. City Attorney Glaser replied that was correct, the amount between 20-25%. Councilmember Broussard Vickers stated that she would like to clarify that, if the City rebids and the numbers are lower and they are able to change the assessments, the City is not required to have new Assessment Hearings, because it did not increase the amount of the Special Assessment. She stated that, because the City is not having new Assessment Hearings, the process of the dates that were originally in place for the project will not change. Even though the City will not have the new numbers by the time the resident's date comes and goes to file in court and notify the City of their intentions, they will have to keep following that timeline in order to continue to protect their rights. She added that she would like to make sure that this is understood. Discussion ensued among Councilmembers, Mayor Capra and the residents who were in attendance. Motion by Council Member Lee, seconded by Mayor Capra, to reiect the former 2009 Street Proiect bids. All in Favor. Motion carried unanimously. Motion by Council Member Lee, seconded by Mayor Capra to authorize rebidding the 2009 Street Proiect in two parts. All in favor. Motion carried (4/1). Council Member Broussard Vickers opposed. IX. ANNOUNCEMENTS/UPDATES City Administrator, Dallas Larson City Administrator Larson stated he would like to see the City Council offer suggestions on how to meet budget cuts, preferably in a Work Session. City Administrator Larson stated that he would also like to invite the Beard Group to come to a Work Session and update the City Council on the status of their work. He stated that the Beard Group is available Monday, February 16, Tuesday, February 17, and Wednesday, February 18. Discussion ensued. Page 6 of 9 City of Centerville City Council Meeting February 11, 2009 City Administrator Larson stated he would like to receive input from the City Council that could be taken back to the Police Governing Meeting on March 9, at 7 p.m., at the Centennial Lakes Police Department. Discussion ensued. 4. Local Board of Appeal & Equalization Training & Possible Re-Scheduling of March 25, 2009, Council Meeting City Administrator Larson stated that the City has to have at least one person on the City Council with current training. He stated that the time has expired for all the Councilmembers who previously had the training. Discussion ensued. The Councilmembers agreed to reschedule the March 25 City Council Meeting to Tuesday, March 31, to allow Councilmembers Fehrenbacher and Paar to attend the Local Board of Appeal & Equalization Training on March 25 in Maple Grove, Minnesota. Councilmember Broussard Vickers inquired whether City Administrator Larson would need to do a Notice for a Quorum. City Administrator Larson stated that yes, he would. Mayor Capra stated that the Local Board of Appeal & Equalization does not make it easy for Councilmembers to participate in this training. 5. Schedule Work Session The Councilmembers agreed to schedule a Work Session on Wednesday, March 4, at 6:00 p.m. The Budget would be discussed from 6-7 p.m., and the meeting with the Beard Group would take place beginning at 7 p.m. 4. Fire District Update Acting Mayor Paar reported that the Fire and Steering Committee met on February 29, with himself, Councilmember Broussard Vickers, City Administrator Larson, and Chief Jerry Streich in attendance. Acting Mayor Paar stated that the Centennial Fire Department consists of mostly volunteers, who are receiving 33 percent lower pay than similar cities. The Centennial Fire Department runs on a $700,000 budget. Some similar departments, such as Andover, have a budget that is over $1 million. Acting Mayor Paar stated that all the firefighters were asked what they thought they needed most, and their reply was firefighter gear, such as jackets and boots. It was Page 7 of 9 City of Centerville City Council Meeting February 11, 2009 estimated that this cost would be approximately $200,000. Budgets are tight, making it difficult to come up with $200,000. During the meeting, some fundraising ideas were discussed. The Fire Department lost the gambling benefit that had previously provided some funds. In addition, former Chief Milo Bennett did a good job of being fiscally responsible by running a tight ship, but now the equipment is getting old. Councilmember Broussard Vickers stated that the Centennial Fire District is looking at better health maintenance options for the firefighters, such as physicals and possibly arranging for them to have a fitness room. Mayor Capra inquired as to how much the Centennial Fire Department had in their fund for replacement of trucks. City Administrator Larson replied that they are only replacing the Chief s vehicle this year, and the fund is in good shape for the rolling stock. Mayor Capra inquired whether they could take some dollars from the Rolling Stock Fund for one year to purchase some of the firefighter gear. City Administrator Larson stated that they could, for example, possibly replace a truck after 21 years, rather than the normal 20 years, to free up some funds for the firefighter gear. Discussion ensued. Acting Mayor Paar stated that Chief Streich is currently looking for ways to cut spending. Councilmember Broussard Vickers stated that the department is looking for ways to generate revenue, such as charging people for false alarms, and charging for things that could have been covered by their insurance. Acting Mayor Paar stated that Chief Streich plans to start giving the City numbers, such as the number of fires and the dollar amount of the loss resulting from those fires. Acting Mayor Paar reported that the firefighters completed a survey that they could do on line in private. He stated that the bottom line result of the survey was that their morale is high, and only some issues regarding training were mentioned. Acting Mayor Paar added that Chief Streich had stated that one of his goals was to have the survey responses be all, or mostly all, in the favorable columns. Mayor Capra stated that she took the opportunity to sit in on several of the fire fighter trainings, and found it very interesting to see the dedication the volunteers have. She stated that they go through very extensive drills. Page 8 of 9 City of Centerville City Council Meeting February 11, 2009 Acting Mayor Paar stated that Chief Streich invited the Councilmembers to put on firefighter gear and take the tests. Acting Mayor Paar added that he may take Chief Streich up on that in the future. 5. Planning & Zoning Commission City Administrator Larson stated that, at the February 3 Planning & Zoning Commission Meeting, the Commission reviewed the revisions to the Mortenson Plan. He stated that everything looked good, and it is ready to go. X. CLOSED SESSION WITH CITY ATTORNEY TO REVIEW POTENTIAL LITIGATION (Special Assessment Appeals) After a brief recess, a motion was made by Council member Lee that the Council go into closed session to meet with the attorney to consider possible litigation relating to special assessment appeals. The motion was seconded by Council member Fehrenbacher, all present voted in favor. The motion passed (5-0). Meeting closed at 8:25 p.m. The meeting was reopened to the public at 10:40 p.m. Acting Mayor Paar reported that the only business considered during the closed session was the discussion with the City Attorney of issues regarding possible litigation that may result from the adoption of special assessments for the 2009 Street Improvement Project. XL ADJOURNMENT Motion by Council Member Lee, seconded by Council Member Capra, to adiourn the February 11, 2009, City Council Meeting. All in favor. Motion carried unanimously. Acting Mayor Paar adjourned the February 11, 2009, City Council Meeting at 10:40 p.m. Transcribed by: Bonita Kaska, Recording Secretary Timesaver Off Site Secretarial, Inc Page 9 of 9