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HomeMy WebLinkAbout2009-02-25 CC - ApprovedCITY OF CENTERVILLE CITY COUNCIL MEETING February 25, 2009 Pursuant to due call and notice thereof, the City of Centerville held its regularly scheduled meeting on February 25, 2009, at 6:30 p.m. PRESENT: Mayor Mary Capra Council Member Linda Broussard Vickers Council Member Tom Lee ~ ~f~ ~ ABSENT: Council Member Ben Fehrenbacher Q ~ ~ ~0 Council Member Jeff Paar STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz L CALL TO ORDER Mayor Capra called the February 25, 2009, City Council Meeting to order at 6:30 p.m. IL PUBLIC HEARING None III. APPROVAL OF AGENDA Mayor Capra made the following additions/changes to the Agenda: V. Consent Agenda, Item 1, added: & (Check #24180-24186) (Page l0a) VIII. New Business, added: Item 8. Authorize Additional Appraisals for Trail Easements - Not to Exceed $3,000 VIII. New Business, added: Item 9. Delinquent Assessment -Fairview Street (Royal Oaks Realty) Added: X. Closed Session -Potential Litigation (2009 Street Project) (Note Attachments - Pages 15a & 16a and it-i12) Motion by Council Member Lee, seconded by Council Member Broussard Vickers, to approve the February 25, 2009, Agenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF MINUTES Page 1 of 8 City of Centerville City Council Meeting February 25, 2009 February 11, 2009, City Council Meeting Minutes Councilmember Lee made the following change: The motion on Page 6 of 9 should be two separate motions as shown below: Motion by Council Member Lee, seconded by Mayor Capra, to reject the former 2009 Street Project bids. All in favor. Motion carried unanimously Motion by Council Member Lee, seconded by Mayor Capra, to authorize rebidding the 2009 Street Project in two parts. Motion carried. Council Member Broussard Vickers opposed. Councilmember Broussard Vickers made the following changes: The second paragraph on Page 8 of 9 should be reworded to read: "Councilmember Broussard Vickers stated that the Department is looking at better health maintenance options for the firefighters..." The eighth paragraph on Page 8 or 9 should be reworded to read: "Councilmember Broussard Vickers stated that the Department is looking for ways to generate revenue, such as..." Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to approve the February 11, 2009, City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1. City of Centerville February 12. 2009_ through February 25. 2009_ Claims (Check #24161-24179 & Check #24180-24186) 2. Centennial Fire District Claims through February 18, 2009 3. Centennial Lakes Police Department Claims through February 13, 2009 4. Buildin.~ Inspector, Mr. Rich Chase, Successful Completion of Probationary Period Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VL AWARDS/PRESENTATIONS/APPEARANCES None VII. OLD BUSINESS intment of Ms. Michelle Lakeo to EDA Mayor Capra reported that Ms. Lakso is the only applicant for the position. Page 2 of 8 City of Centerville City Council Meeting February 25, 2009 Councilmember Lee stated that everyone on the City Council is very familiar with Ms. Lakeo. Motion by Council Member Lee, seconded by Council Member Broussard Vickers, to approve the appointment of Ms. Michelle Lakso to EDA. All in favor. Motion carried unanimously. VIII. NEW BUSINESS Consideration of Special Assessment Agreements - 2009 Street Improvement Pro, ect City Attorney Glaser stated that almost every objecting resident signed the agreement. He requested that the City Council accept the agreements provided and stated that he would like to discuss some of the other items during the Closed Session. Motion by Council Member Lee, seconded by Mayor Capra, to approve the Special Assessment Agreements for the 2009 Street Improvement Proiect that were presented by the deadline established. Motion carried. Council Member Broussard Vickers opposed. 2. Intersection Control Evaluation Report for CSAH14/I35E Interchange City Administrator Larson stated that studying the signalizing of 21st Avenue was a long process. He stated that he wanted to make sure the Council was aware that on the bank side of 21st Avenue, customers could turn into the bank from either direction; however, from the south side of Main Street, only a right turn onto 21st Avenue could be made. City Administrator Larson stated that the Lino Lakes AUAR study was used, and it does meet the warrants for a signal. Councilmember Broussard Vickers inquired as to who is paying for the local streets. City Administrator Larson replied they would be paid by Lino Lakes. He stated that if there were extensions beyond the Intersection Project, they would be paid by Lino Lakes. Discussion ensued. City Administrator Larson stated that they plan to bid this summer and start construction in the fall, if Federal Stimumus money is approved for the project. The design engineer asked for a signature to show that this was reviewed by the City. City Administrator Larson stated that the electricity for the signal would be paid by the City of Lino Lakes. He added that they may request a Joint Powers Agreement to have Centerville share the cost. Councilmember Broussard Vickers stated that she would not agree to have a right turn only. Page 3 of 8 City of Centerville City Council Meeting February 25, 2009 Mayor Capra stated that Centerville should not have to pay a cost share because it is on Lino Lakes' side. City Administrator Larson requested that it be shown in the Minutes that this was reviewed by the City Council. Res. #09-0XX - Acceptin.~ Proposal & Awarding Contract for the 2009 Pond Dredgin.~ Project City Engineer Statz reported that they received six quotes, and the low quote was received from Dresel Contracting. He added that the City is asking that the City Council award the project, so it can begin immediately. Discussion ensued. Motion by Council Member Lee, seconded by Council Member Broussard Vickers, to accept the low bid of $73,535 from Dresel Contracting for the 2009 Pond Dredging Proiect. All in favor. Motion carried unanimously. 4. Consideration of Bonestroo's Scope & Fee Proposal for Construction Services - 2009 Pond Dredgin.~ Project City Engineer Statz stated that the 2009 Pond Dredging Project would have to be monitored to some degree and proposed possible one-half day inspections to keep the costs down. He stated that the Staff recommended having Bonestroo complete Items 1-4 on their proposed project work scope, and City Staff complete Items 5-6. Discussion ensued. Motion by Council Member Lee, seconded by Council Member Broussard Vickers, to approve Bonestroo's Scope & Fee Proposal for Construction Services - 2009 Pond Dred~in~ Proiect, not to exceed $3,000. All in favor. Motion carried unanimously. Consideration of Bonestroo's Scope & Fee Proposal for Transportation Enhancement Trail Grant Project City Engineer Statz stated that the City was awarded a Transportation Enhancement Grant in connection with the State-Wide Transportation Improvement Plan. He added that recently the Federal Government passed the Federal Stimulus Package, and if this project is approved, the local share would be paid from Federal funds. City Engineer Statz suggested that the City make this project "shovel ready," as the stimulus money has to be spent by certain dates. He stated that the City needs to make sure the project is ready, in order to take advantage of the money if it is available to them. The Governor has a list of non-metro projects and the Met Council and MnDOT are currently working on how they will spend the money. Page 4 of 8 City of Centerville City Council Meeting February 25, 2009 City Engineer Statz suggested that the City get the plans and specs done, have the permits in hand, and the documents that need to be processed. He added that all of these items would need to be done, whether the City is spending the money now or in 2012. Discussion ensued Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to approval Bonestroo's Scope & Fee Proposal for the Transportation Enhancement Trial Grant Proiect. All in favor. Motion carried unanimously. 6. Authorize City Administrator to Enter into a Contract for Soil Borin.~s & En in.~ Bering Reports, not to Exceed $10,000, for Pedestrian Bridge City Administrator Larson stated that this would be for the pedestrian bridge behind City Hall by the creek. City Engineer Statz stated that any time a bridge is built, soil borings and a report from a soil engineer is needed. He stated that the $10,000 amount may be excessive, but they have not received a firm quote at this time. He added that they are on a tight schedule, so they would like to move ahead. Discussion ensued. City Attorney Glaser stated that if the City Council approves, the City can enter into a contract for this work. Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to authorize City Administrator Larson to Enter into a Contract, which would include providing insurance liability certificate, for Soil Borings & Engineering Reports, not to Exceed $10,000, as discussed. All in favor. Motion carried unanimously. 7. Resolution 09-0XX -Authorizing Acquisition of Easements for Trail Project City Administrator Larson stated that the City has to move quickly on this in order to be eligible for the Stimulus Package. He stated that after property owners are given an offer, to the city must allow at least an additional 30 days before the city may initiate eminent domain. Discussion ensued. Motion by Council Member Lee, seconded by Broussard Vickers, to authorize acquisition of Easements for the Trail Proiect, not to exceed $100,000. All in favor. Motion carried unanimously. Authorize Additional Abbraisals for Trail Easements -Not to Exceed X3.000 City Engineer Larson stated that a few places were missed, so the City would like to do some additional appraisals. Page 5 of 8 City of Centerville City Council Meeting February 25, 2009 Motion by Council Member Lee, seconded by Mayor Capra, to authorize additional appraisals for Trail Easements, not to exceed $3,000. All in favor. Motion carried unanimously. 8. Delinquent Assessment -Fairview Street (Royal Oaks Realty City Administrator Larson stated that at the time Fairview Street was built two years ago, Royal Oaks Realty signed an Assessment Agreement and they now have delinquent payments. City Attorney Glaser stated that the City is asking to begin litigation. He stated that he spoke to Royal Oaks Realty's owner on the telephone, and he said he is broke. City Attorney stated that because of the Assessment Agreement, the City can go ahead and foreclose. City Attorney Glaser requested that the City Council approve going forward with the litigation. Motion by Mayor Capra, seconded by Council Member Broussard Vickers, to authorize City Attorney Glaser to go forward with litigation for the delinquent assessment, Fairview Street (Royal Oaks Realtyl. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1. City Administrator, Dallas Larson City Administrator Larson reported that the Centerville Public Works Department received one new radio under a grant that will pay for most of the cost. City Administrator Larson stated that, in regard to the Downtown Project, it was suggested that the proposed pond be relocated to LaMotte Park. City Administrator Larson stated that he had asked that Park and Rec reconsider the pond location. Councilmember Lee stated that is the only area for a soccer field in the park, and the Soccer Association has put money into it. Councilmember Broussard Vickers inquired as to another location the City could put a pond. Councilmember Lee replied that it could possibly be placed in the southeast corner of the Park. He added that he would like to revisit working with St. Genevieve's, and would rather not use the Park Project. City Administrator Larson stated that another area in the Park for the soccer field would be minor compared to the disadvantages of having the pond in the downtown area. He added that there were some complications with St. Genevieve's, and St. Genevieve's was looking for some guarantees. Page 6 of 8 City of Centerville City Council Meeting February 25, 2009 City Engineer Statz stated that St. Genevieve's would have a pumping facility on their property, and sharing that with them would be complicated. Discussion ensued. Councilmember Lee stated that this item would be discussed at Parks & Recreation's next meeting. 2. First Responders Roundtable (Mayor Capra Mayor Capra stated that the Council Members were provided with an update regarding the meeting. She reported that the meeting was held with Chief Makela and Chief Streich, along with Congresswoman Bachmann. There is a possibility for some funding for different safety equipment. 3. North Metro. Telecom. Commission Ubdate Mayor Capra reported that at the meeting, the Cable Commission announced that they will draw down a $25,000 letter of credit against Comcast. She stated that Comcast walked out of the meeting. She added that the Cable Commission would be making their decision on March 18. City Administrator Larson stated that Comcast's fine could be $1,700 per day, and it could be retroactive. Mayor Capra stated that North Metro Cable is requesting information to make certain the Public/EducationaUGovernment (PEG) fees that are being collected will be paid back to the City. City Administrator Larson stated that there are two fees: the PEG fee, which is a local access fee, and the second franchise percentage. He stated that for the second franchise percentage, they need to know what Comcast's revenue is, and Comcast is making it difficult to get that information. Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to recess to a Closed Session at 7:30 p.m. All in favor. Motion carried unanimously. X. CLOSED SESSION -POTENTIAL LITIGATION (2009 STREET PROJECT) The meeting was reopened to the public at 8:00 p.m. Mayor Capra reported that the only business considered during the closed session was the discussion with the City Attorney of issues regarding litigation that may result from the adoption of special assessments for the 2009 Street Improvement Project. A motion was made by Council member Lee that the Council approve the settlement agreements for property owners Koch, Elken, Georgi, the Council being satisfied that a legitimate reason was given for filing the agreements after the deadline. Motion was Page 7 of 8 City of Centerville City Council Meeting February 25, 2009 seconded by Council member Capra. Voting in favor of the motion were Capra and Lee. Voting against the motion: Broussard Vickers. The motion was declared passed (2-1). A motion was made by Council member Lee that the Council approve the settlement agreement for property owner Randall Maher, authorizing the City Attorney to prepare a new agreement with a corrected front footage of 75 feet. Motion was seconded by Council member Capra. Voting in favor of the motion were Capra and Lee. Voting against the motion: Broussard Vickers. The motion was declared passed (2-1). XL ADJOURNMENT A motion was made by Council member Lee that the meeting be adjourned. Motion seconded by Council member Capra, all present voted in favor. Motion passed (3-0). Motion by Council Member Lee, seconded by Council Member Capra, to adiourn the February 25, 2009, City Council Meeting. All in favor. Motion carried unanimously 3/0 . The meeting was adjourned at 8:05 p.m Transcribed by: Bonita Kaska, Recording Secretary Timesaver Off Site Secretarial, Inc Page 8 of 8