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HomeMy WebLinkAbout2004-02-11 CC CITY OF CENTERVILLE CITY COUNCIL MEETING FEBRUARY 11, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on February 11, 2004, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Lee Council Member Paar Council Member Broussard Vickers Council Member Capra ABSENT: None STAFF: City Administrator, Ms. Moore-Sykes City Attorney, Mr. Hoeft City Engineer, Mr. Peterson I. CALL TO ORDER Mayor Sweeney called the February 11, 2004, City Council meeting to order at 6:35 p.m. II. SET AGENDA Mayor Sweeney requested that Mr. Shudy be heard under Announcements. He then requested that request from EDC for additional funds for the Frozen Fete des Lacs and quote for dredging of Hardwood Pond be added under Old Business. Council Member Lee requested that the Hunter’s Crossing trail be added under updates. City Attorney Hoeft requested that a brief executive session on the litigation with Land Holdings Company be added just prior to adjournment. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve the agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.January 28, 2004 City Council Meeting Minutes City of Centerville February 11, 2004 Council Meeting Minutes Council Member Capra requested the following changes: On Page 3, change Ms. Carlson to Council Member Carlson. On Page 4 add the unanimous vote. On Page 9 last sentence add “when the building is completed.” Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the January 28, 2004 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.The City of Centerville January 28, 2004 through February 11, 2004 Claims for Approval 2.Centennial Fire District Claims 3.Har-Mar Lock & Service Center - $293.33 4.Accepting the Resignation of Mr. Dave Kilian from the Planning & Zoning Commission Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Cedar Street Park Dennis Shudy Ms. Moore-Sykes indicated that the County has provided an appraised value of $28,000 for the property but it was appraised for sale at $100,000 and Mr. Shudy would like to have the City purchase the property from the County so that he can purchase it from the City. Mr. Shudy offered 10% over the $100,000 to purchase the property from the City and said that he would like the property rezoned to industrial. City Attorney Hoeft indicated that he would work with Staff to provide the necessary documentation. VI. PUBLIC HEARINGS 1. 2004 Residential Street Improvement Project Mayor Sweeney asked that residents provide their name and address for the record, keep their comments to three to five minutes and attempt not to repeat comments in order to maintain order and allow time for all those that are interested in speaking to speak. Mayor Sweeney opened the public hearing at 6:44 p.m. Page 2 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Mr. Peterson handed out information on the street project for residents. He then explained what the information was. Mr. Russell James of 7112 Shad Avenue asked when Shad was reconstructed last time. Mr. David Lutz said that Shad Avenue was assessed in 1985. Mr. James asked if storm sewers and water main were done at that time. Mr. Peterson indicated there is no water main or storm sewer on Shad Avenue. Mr. David Lutz of 7170 Shad Avenue asked what the additional costs are for hooking up to City water other than the assessment. Ms. Moore-Sykes indicated that there is a water meter fee of approximately $260.00 and a hook up charge of $1,500 along with a permit fee of $20.50. Mayor Sweeney explained to residents that they do not have to hook up right away. Mr. Hofstetter of 6905 Dupre told Council that he had contacted an appraiser and was told that city water does not increase the value of his property. He then said that he was also told by a realtor that the assessment amount cannot be added to the asking price of the house. Mr. James indicated that he just refinanced and was told that city water does not make a difference. Mr. James said that this is the third time in 20 years that the road has been rebuilt in front of his house. Mr. Peterson explained that the road was redone in 1985 but it was not reconstructed with the upgraded sand subgrade to facilitate drainage. Mr. Lutz commented that this averages out to a new road every eight years and that makes no sense. Mayor Sweeney clarified that it has been 19 years since the road was done and said the other problem is that Centerville was built on a swamp and the roads do not last as long as they would if the water table were not so high. He then said that the road needs to be repaired and it will cost less overall to do the water at the same time. Council Member Capra commented that there was something printed in the Hugonian that stated that residents had to hook up within one year and that is not true. She further clarified by telling residents they could keep the well if they hook up for laundry and watering yards. Page 3 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Mr. James expressed concern with the frequency of rebuilding the road. Council Member Broussard Vickers asked if he would choose not to have it redone. Mr. James said he would choose not to rebuild it. Council Member Capra explained she had asked for information from 1987 when there was litigation and she spoke with Orville Hughes about the history of Center Street as well as Staff. She then said that Council cannot fix everything that went wrong with those roads but in these cases the roads did not last as long as they should have and there is a situation where the City has to do some road repair and she feels that Center Street needs to be done. Council Member Capra said that her personal opinion is that she has an issue with assessing residents for 75% of curb and would like to discuss that with Council. Mr. Donald LaBonne of 6918 Pheasant Lane asked whether his home would need to be hooked up to City water to sell. Mr. Daniel Kupfer of 1761 Center Street asked what the driving force behind the project is. Council Member Broussard Vickers indicated that the City has several streets in dire need of repair and the interest rates are low making this a good time for bonding for the repairs. Mr. Kupfer asked if the City has looked into assessments from other cities because he has information from Paynesville, a city of similar size, and the assessment there for water is only $900.00. He then asked the City to look into what it plans to assess residents for this project to determine whether the City should be picking up more of the cost. Mr. Peterson explained that residents pay for up to a six inch main and the City pays for oversizing. He then said that the assessment is 100% because on a new development the sanitary sewer and water main are 100% assessed to those that buy lots. He further commented that this is a typical assessment for water and the City is paying half of the sanitary sewer. Mr. Kupfer asked if anyone looked at pricing for doing the water later. Council Member Broussard Vickers explained that every project that gets left out now will pay more in the future due to inflation and interest rates so the reason to do this is with lower interest rates it costs less overall. Mayor Sweeney explained that larger projects bring better prices. He then commented that the City has not been very good about street maintenance and it is time to rebuild these streets. Page 4 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Council Member Broussard Vickers explained that the City picked the streets that were the worst to do first. Mr. Tedd Peterson of 6933 Pheasant Lane indicated that he has a corner lot and is being assessed 1.5 times for it but he does not believe that a corner lot derives any more benefit so he would like Council to address that. He then asked Council to consider putting a trail along the west property line of the church down LaMotte Drive to loop around the lake. Council Member Capra commented that there was mention of running a sidewalk down Center Street. Mr. Peterson indicated he would like to see the assessment for the sidewalk divided up amongst all of the people on the project rather than just those that live on the street as it is a benefit to all and those that live along it are required to shovel it for other residents to use. Mr. Lutz commented that he is aware of similar projects in Maplewood that cost half as much as this project. Mr. Peterson indicated that the soils in Centerville require a lot of sand to be added to assist with drainage and that is a lot of the cost. Mr. Al LaMotte of 1643 Heritage Street asked that the street be paved to his driveway because he is being assessed to get curb and gutter and asphalt but the road is proposed to stop prior to his driveway. Mr. Peterson indicated that portion would be added as it is part of the road. Council Member Capra asked for information on the grant money. Mr. Peterson explained that the City has $60,000 in grant funds to do work down by the lake and he will be meeting with neighbors to discuss the work to be done as some trees will need to be removed to make room for the infiltration trench system. Mr. LaMotte said his well is within 40 feet of that so he is concerned about it. Mr. Peterson explained that the infiltration system is five feet deep and will be designed for overflow capacity. Mr. Hofstetter of 6905 Dupre Road commented that Centerville Road and LaMotte are being redone but the plan is a patch on Dupre. Page 5 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Mr. Peterson indicated that if the street is torn up enough from construction it would end up being a new street. He further commented that it may not have the sand base so it may need to be redone. Mr. Hofstetter reviewed what this project will cost him and he estimates it to be $17,500 including interest and the costs to hook up. Mayor Sweeney explained that there is no assessment for the new water tower as that comes out of the water fund. He then indicated that residents do have the option of finding other financing for the assessment amount rather than going through the City. Council Member Paar asked what it would cost to run water to one resident if a well failed and water was not in the area. Mr. Peterson indicated it may not be possible to do so. Mayor Sweeney commented that there was directional drilling for water on Centerville Road recently and the assessment was over $4,000 just for water. Mr. Jerry Fuhrmeister of 6913 Oak Circle asked whether it is possible to do a mill and overlay rather than a reconstruction and skip the water. Council Member Capra indicated that she, personally, could not justify redoing this work without putting in the infrastructure because the subgrade would not be right and it would need to be redone again in the near future. Council Member Paar commented that he feels Center Street is one of the worst in the City. Mr. Orville Hughes of 1793 Center Street said that he worked for the City when that street was put in and everything that has been said is wrong because the street was made to last and they put 19 inches of sand in and matting and the only thing that happened is that the City did not follow through with routine maintenance. He then said that if the City had overlayed it as they were supposed to it would have lasted. He further commented that when he worked for the City he heard that it costs too much so clean it up and dump blacktop and that is all that was ever done. Mayor Sweeney agreed that there was not enough maintenance in this City and said that he would like to change that. Mr. Hughes said the road would not last. He then said that residents wanted water then and the City would not do it because there was no money. Mayor Sweeney explained that this Council is doing its best to rectify errors made in the past by reconstructing the streets and instituting a maintenance policy to help them last. Page 6 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Council Member Broussard Vickers commented that the City has been short on funds in the past and not able to finance necessary maintenance. Most of the residents in attendance said they do not want water. Council Member Broussard Vickers explained that Council is charged with doing the best thing for the entire City not just those that live on the affected streets. Mr. Desmond Englund of 7081 Brian Drive asked Council to consider reducing the width of the road on Brian Drive to save the trees because he talked to the forester and the road can come within two feet of the trees and they would survive. He also said that keeping the road narrow will reduce speed. Council Member Lee agreed that wider streets increase the speed but said that is a law enforcement issue. He then said he went by there to look at the trees and he would love to live on a street with that canopy over the street but at the same time the City needs to be concerned with keeping roads built to a certain standard. Mr. Englund indicated the neighbors discussed it and their request is that the City reduces the width of the road. The residents at 7094 Brian Drive, 7087 Brian Drive, 7088 Brian Drive, 7067 Brian Drive, and 7095 Brian Drive indicated they wanted the road width reduced and kept centered to eliminate tree loss. They then indicated that they represented more than 60% of the affected people on that street. Mr. Peterson indicated that he would not design a street to be built that close to those two large trees, as it is a major safety hazard. Council Member Capra indicated that she would like to look into the safety issues involved with the trees and the road. Mr. John Mersinger of 6936 Tourville Circle asked whether residents would get a proposed market value increase before the project starts because the assessment cannot exceed the market value of the improvements. Council Member Capra commented that the amount can be challenged. Council Member Broussard Vickers indicated that Council approval of the assessment amounts means that the City believes it can support that amount and feels it could withstand an assessment challenge. City Attorney Hoeft advised residents to get an attorney to help educate them on the process. He then referenced Minnesota Statute 429 and provided a brief overview of the process. Page 7 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Council Member Capra indicated there would be a separate assessment hearing. Mayor Sweeney asked whether the request for Brian Drive and the sidewalk on Center Street would need to be added now. City Attorney Hoeft indicated the standard procedure would be that the engineer would prepare the plans and specifications and bring them to the City for consideration and then talk to the engineer and decide, as a body, whether you want to add alternates. Mr. Ole Mersinger indicated that he would like the opportunity to comment on where the stub comes onto his property. Mr. Peterson indicated that would occur during construction. Mr. Englund asked whether there is an inspector on site all the time. Mr. Peterson indicated that there would be an inspector on site during water main construction. Council Member Capra asked if the contractor would be interested in running water to homes. Mr. Peterson said that the contractor usually does not want to incur the liability of running water to a private residence and that is usually the job of a plumber. A resident asked what assurances they would have that they would not be forced to hook up to this water. City Attorney Hoeft explained that there is a significant amount of case law that indicates that once city water is put in the City cannot enact an ordinance to force hook up unless there is a well failure or contamination of the well. Mr. Hughes indicated he has a drainage concern and lives across from Pheasant Lane. He then explained that when the new street was put in there was a short stub and it started washing his land away so he got permission to put in a culvert just past the garage and from there to the corner of his lot he cleaned out and put in river rock to alleviate the issue but now he is concerned with the proposed changes. Mr. Peterson indicated that the water would be run down the other way so no more water would flow through that yard. Mr. Mark Plombon of 1753 Center Street indicated that his property boarders the deep ditch referenced and it took 10 years to get it cleaned out the first time. Mr. Peterson indicated they would use a straight grade pipe and the ditch could be shallower because water will now go down to the ditch in the backyard. Page 8 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Mr. Frederick Curran of 6907 Oak Circle said that at the last meeting there was discussion of having a culvert or ditch running down the west side of his property and at the last meeting they mentioned a drain tile system under the road. He then asked how far that would be below the surface of the road and whether it would drain to the culvert. Mr. Peterson indicated they would need to run new pipe in his yard and would need permission for that as there is no easement there. Mr. Curran suggested running the drainage up Oak Circle to Center Street to hook into Dupre. Mr. Peterson said it may not be possible due to the grade in the area. He then said he would review the drainage in that area. Mr. Curran of 6907 indicated that he is being assessed $1,000 for storm sewer and he would like to see something for his money. He then suggested extending the culvert all the way back to pheasant lane because it is open ditch and would not require any tree removal. Mr. Peterson indicated there would be brush to be removed and agreed to work with the neighbors and review the drainage in the area. Mr. Kevin Fogerty of 7088 Brian Drive asked whether Center Street has enough elevation change to accomplish the proposed drainage and also asked whether there is going to be any additional drainage under the road that falls into the storm sewers. Mr. Peterson explained that every new street would have the two layers of blacktop, class five aggregate base and a 20 inch granular borrow that collects water and moves it into the drain tile system. Mr. Fogerty expressed concern that the drain would freeze if it was at grade and not allow for any drainage. Mr. Peterson indicated that the system has proven to work very well. Mr. Ole Mersinger asked whether the feasibility study considers the fact that fish spawn in the backyards and asked whether the DNR has any issues with that. Mayor Sweeney indicated that the only place that the DNR tries to keep people out of is the park and anything that is in town technically is drainage ditches not wetlands. A resident asked how long the roads would be impassable. Page 9 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Mr. Peterson indicated that they would have one month from the time the blacktop is taken off until they have to put the first lift of new blacktop on. He then said that there would be limited access during the day but restoration by evening each day. Motion by Council Member Lee, seconded by council Member Capra to close the public hearing. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 8:17 p.m. Council recessed at 8:17 p.m. Council reconvened at 8:33 p.m. VII. NEW BUSINESS 1. Parks and Recreation Grant Application – Clearwater Trail Project) a) Resolution #04-008 Council’s Support of Parks & Recreation Committee w/Local Trail Grant Application. Council Member Broussard Vickers asked Staff whether the funds were available to support this Resolution. Ms. Paulseth indicated they were. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve Resolution #04-008 and #04-009 as presented. Wayne Leblanc reviewed the handout he provided to Council and predicted that the City may get the grant next year. VOTE: All in favor. Motion carried unanimously. b) Resolution #04-009 Council’s Support of the Submitted Grant Application Associated with the Clearwater Trail Project. Handled above. 2. Resolution #04-010 Accepting Bid from Northdale Construction Company, Inc. Council Member Capra asked if this is the same company that did the first phase. Mr. Peterson indicated that it was. Page 10 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Council Member Capra indicated she heard concerns from residents about final blacktop being put on before all the houses went in resulting in broken up curbing that needed repair. Mr. Peterson indicated that the repairs would be made at a cost to Mr. Carlson and clarified that there were only a couple of places needing repair. Council Member Capra asked whether Mr. Peterson felt confident in this contractor. Mr. Peterson indicated he has worked with them many times and they do good work. Council Member Broussard Vickers asked if the Developer’s Agreement is in place. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve Resolution #04-010 as presented. All in favor. Motion carried unanimously. 3. Northland Securities, Inc. – Financial Advisory Service Agreement Motion by Council Member Lee, seconded by Council Member Paar to approve the Financial Advisory Service Agreement with Northland Securities, Inc., as presented. All in favor. Motion carried unanimously. nd 4. Resolution #04-013 Bond Issue Hunter’s Crossing 2 Addition Phase I Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve Resolution #04-013 as presented. All in favor. Motion carried unanimously. 5. Notice of Call for Redemption – G.O. Water Revenue Bonds, Series 1996 Resolution #04-012 Council Member Capra asked where the money to pay off would come from. Ms. Paulseth indicated the City has all but $50,000 and she suggests the remainder come from the water fund to be borrowed and paid back over the next three years. She then noted that there would still be a shortage of $13,000 or $14,000 because of the prepayment, but paying them off saves $24,000 in future interest. Motion by Council Member Lee, seconded by Council Member Paar to approve Resolution #04-012 as presented. All in favor. Motion carried unanimously. 6. Water Revenue Bonds, Series 1996 – Resolution #04-011 (Transferring of Funds) Motion by council Member Capra, seconded by Council Member Paar to approve Resolution #04-011 as presented. All in favor. Motion carried unanimously. Page 11 of 15 City of Centerville February 11, 2004 Council Meeting Minutes IX. OLD BUSINESS 1. Mr. Dennis Shudy – Cedar Street Park (Proposed Purchase – Anoka County Appraisal) Handled earlier in the meeting. 2. Hardwood Ponds Mr. Peterson indicated the City received quotes ranging from $38,788 up to $91,000 and he recommends awarding the contract to Arndt Construction out of Hugo. He then asked Staff to contact residents so that they know it is going to happen. Council Member Capra asked what it would cost to add the Shad Avenue ditch to this project. Mr. Peterson indicated he met with Mr. Lutz to look into it but could not really tell what is going on. He then said he would check to see if Arndt could dig it up by change order because something needs to be done otherwise the storm sewer on Shad has no where to go. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve Arnt Construction as the low bidder for the Hardwood Estates pond excavation. All in favor. Motion carried unanimously. X. ANNOUNCEMENTS/UPDATES 1. CSAH 14 Ms. Moore-Sykes reminded Council of the meeting on February 19, 2004 from 5:00 to 7:00 p.m. at Wargo Nature Center. Council Member Capra indicated she has received no letter. Ms. Moore-Sykes indicated that City Staff put together a notice to all residents that was mailed out today because no letter has been received from the County. 2. Chauncey Barrett Gardens, Phase II Ms. Moore-Sykes indicated that she and Ms. Paulseth met with Anoka County about the project and the renderings are in the back of the room for review. She then said that they are working on a Joint Powers Agreement to bring to Council for consideration in the near future. Page 12 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Council Member Capra explained that the City has the potential for liability for the senior housing if it does not pay for itself but there has never been that problem. Ms. Paulseth indicated that adding the addition would lower the City’s potential liability. 3. Hunters Crossing Trail Council Member Lee asked if the trail issue was resolved with Mr. Carlson. Mr. Peterson indicated he would work with Mr. Carlson to have a culvert added. Mayor Sweeney asked whether anyone had seen the information on the development authority and said that there is a change where it is only for the transit. He then asked whether this would be a county tax to pay for the Northstar Corridor. Ms. Moore-Sykes indicated that it would be but it is a bill before the legislature for approval. Mayor Sweeney indicated he read through the information and it sounds like the last time the County brought this up to have levying authority everyone on this side of the County said they did not want to pay for development on the west side and now they are asking for the same thing for transit authority only. He then said that he would, with Council approval, have a letter written to the representatives to vote no as he does not want to be taxed for development in the western part of the County. Council Member Capra requested that the letter include that the City does not want to be taxed to pay for a stadium and asked Staff to copy the Anoka County Commissioners. Mayor Sweeney asked that the letter be copied to Lino Lakes. City Attorney Hoeft asked Council to consider approving a motion to order plans and specifications for the 2004 Residential Street Improvements and said that Staff would have a Resolution at the next meeting. Motion by Council Member Lee, seconded by Council Member Broussard Vickers to authorize the ordering of plans and specifications for the 2004 Residential Street Improvements. Council Member Capra indicated she takes issue with 75% of the curb being assessed to the residents. Council Member Broussard Vickers indicated she would like to add the Center Street sidewalk as an alternate. Mayor Sweeney asked for clarification on how Brian Drive is designed. Page 13 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Mr. Peterson indicated that expansion to the east would take out four really nice trees that he would like to save. He then said that he has proposed the street at 28 feet which is narrower than the standard to accommodate those trees but it does require the removal of the two large trees on the west. VOTE: All in favor. Motion carried unanimously . Council Member Paar updated Council on the plans for the Frozen Fete des Lacs indicating that the planes cannot take off from the lake due to insurance liability so that portion of the festival has been moved to Benson’s Airport in Hugo. He then asked Council Member Capra to have signs made for placement on the lake to show the way to the sledding at St. Genevieve’s. Council Member Capra indicated there would be hot chocolate and cookies in the garage and access to the bathrooms downstairs. Council Member Paar indicated the EDC is asking the Mayor and Council Members to judge snow sculptures on Saturday at 4:00 p.m. Mayor Sweeney indicated he would be there. Council Member Lee indicated he would attempt to be there also. Council Member Paar indicated he would be there. Council Member Paar asked whether the Mayor was available on February 19, 2004 for a brief interview with Channel 9. Mayor Sweeney indicated he would be but asked that Staff or the EDC get him any information he may need for the interview such as the history of the Festival and any pertinent information for this year’s Festival. Council Member Paar indicated that they need a location for the pony rides. Council agreed that the pony rides should be located at the old public works parking area. Council Member Lee indicated that Parks and Recreation would like to have a bituminous trail along LaMotte toward Heritage added to the bids. Ms. Moore-Sykes informed Council that the City received a letter and prospectus from the St. Paul Water Utility with the appraisal for the two lots at 1601 and 1701 LaMotte and the appraised value of each is $270,000. Council Member Broussard Vickers reported that the Planning Commission is working on amendments to Ordinance #4. Page 14 of 15 City of Centerville February 11, 2004 Council Meeting Minutes Council Member Capra asked that they be reminded to consider 24-hour businesses. Council Member Broussard Vickers indicated that the Planning Commission meeting for March has been rescheduled to February 17, 2004. Council recessed to executive session at 9:24 p.m. Council discussed pending litigation, settlement offer and mediation and consensus was that the City’s Legal Counsel be directed to respond to same. Council adjourned the executive session at 9:38 p.m. Council reconvened the regular council meeting at 9:38 p.m. XI ADJOURNMENT Motion by Council Member Lee, seconded by Council Member Broussard Vickers to adjourn the February 11, 2004 City Council Meeting at 9:39 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 15 of 15