Loading...
HomeMy WebLinkAbout2004-05-12 CC CITY OF CENTERVILLE CITY COUNCIL MEETING MAY 12, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on May 12, 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. Schluender I. CALL TO ORDER Mayor Sweeney called the May 12, 2004, City Council meeting to order at 6:30 p.m. II. SET AGENDA Mayor Sweeney added the request of Stan and Stephanie Hasiak for a permit to occupy an RV during home construction. Ms. Moore-Sykes requested that the Street Improvement Bond be added. Council Member Capra added a discussion on a referendum for the Community Center, the portable restroom at Acorn Creek Park, use of the garage by the Lions, and non-billed City assessments to the agenda. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.April 14, 2004 City Council Meeting Minutes 2. April 28, 2004 City Council Meeting Minutes City of Centerville May 12, 2004 Council Meeting Minutes Mayor Sweeney requested the following change: On Page 9 of 10 correct the spelling of website. Council Member Capra requested that on Page 4 of 5 the one public purpose exception and description of it be listed during the discussion. April 28, 2004 Council Member Capra requested the following change: On Page 9, eighth paragraph from the top, last sentence indicate that it has been set by motion. Mayor Sweeney requested the following change: On Page 6 state that this was a current business operating in Centerville. Council Member Broussard Vickers requested the following changes: On Page 9, last paragraph change to “could be” and “could compromise”. Council Member Capra asked why Council recessed to executive session. City Attorney Hoeft indicated it was to discuss threatened litigation. Council Member Capra asked about the executive session minutes. City Attorney Hoeft indicated he would provide them. Motion by Council Member Lee, seconded by Council Member Capra to approve the April 14, 2004 City Council Meeting Minutes and the April 28, 2004 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.The City of Centerville April 29, 2004 through May 12, 2004 Claims for Approval 2.Centennial Fire District Claims – May 3, 2004 Claims 3.Visu-Sewer (Cleaning and Televising of Sewer Lines Associated with the 2004 Street Project) Not to Exceed $10,732.50 4.HIPAA Agreement 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 None. Page 2 of 12 City of Centerville May 12, 2004 Council Meeting Minutes VI. PUBLIC HEARINGS 1. Mr. Clay “Pete” Alcock 1806 Main Street (Mill Road Extension Vacation) Motion by Council Member Broussard Vickers, seconded by Council Member Capra to continue the public hearing. All in favor. Motion carried unanimously. 2. Mr. Robert Burgstahler, 7381 Old Mill Road (Lot Split) Mayor Sweeney opened the public hearing at 6:43 p.m. Mr. Burgstahler addressed Council and explained his requested lot split. Council Member Broussard Vickers indicated that the public hearing was held at the Planning and Zoning meeting and the Commission forwarded a recommendation that it be approved contingent upon the rezone. She further explained that it was not realized that the rezone was necessary until the meeting. Ms. Moore-Sykes indicated that the rezone request would be for R2 as that is consistent with the surrounding properties. Motion by Council Member Capra, seconded by Council Member Broussard Vickers to continue the public hearing. All in favor. Motion carried unanimously. VII. NEW BUSINESS 1. Hasiak Request for Permit to Stay in RV During Home Construction Ms. Hasiak explained that they are lifting the home to put a basement under it and her husband would like to live on the site in an RV to oversee construction. City Attorney Hoeft indicated that Council can allow the request by issuing a permit. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to issue a permit to the Hasiaks to occupy an RV during construction on their home from the start of construction for three months. All in favor. Motion carried unanimously. 2. Remote Phone Read System for Water Utilities – Upgrade Proposal Council Member Capra asked whether the software upgrade could be funded out of the sewer and water fund. Ms. Paulseth indicated that it could be. Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve the request with an amount up to $4,000. All in favor. Motion carried unanimously. Page 3 of 12 City of Centerville May 12, 2004 Council Meeting Minutes Council Member Paar asked whether the computer would still work. Ms. Moore-Sykes indicated that this is an update to work the cuurent operating system. 3. Pond Dredging Plan Council Member Capra asked how the pond dredging plan would be funded. Ms. Paulseth suggested a transfer from the storm water fund. Council asked Staff to direct the City Engineer to prepare the plans and specifications. 4. Proposal for Seal Coating - $85,000 Ms. Paulseth indicated that the City budgeted $60,000 to $65,000 for sealcoating. She then explained that there would be excess in the capital funds that could be used to cover the extra amount. Council asked Staff to direct the City Engineer to prepare the plans and specifications for the seal coating. 5. Resolution #04-022 Awarding Bid for 2004 Street Project Council Member Broussard Vickers asked for an explanation on what a vegetated grid is. City Engineer Sheulender explained that it is fiber with seeds in them and they are rolled out in the pond area on the sides of pond and it would begin to vegetate to stabilize the slope. Mayor Sweeney indicated that the City Engineer had expressed an interest in discussing the sidewalk because a lot of trees would need to be removed. Council Member Capra indicated she is not in favor of the sidewalk because she feels like it goes nowhere. She then said that the sidewalk should go back to Park and Recreation for further discussion. Mayor Sweeney indicated the original request was from a resident to get pedestrians from Dupre to Centerville Road because it is a collector street, even though it is narrow. Council Member Capra indicated that she is not going to vote for the sidewalk because the loss of trees and relocation of utilities is too disruptive to an established neighborhood. Council Member Broussard Vickers commented that the price is a lot less than estimated and, if the City does not do it now, it may not ever be done. Page 4 of 12 City of Centerville May 12, 2004 Council Meeting Minutes Council Member Broussard Vickers asked what the cost is per lot assessment with the sidewalk. Mayor Sweeney indicated that the assessments were based on $2.5 million and the bid was $1.7 million. Council Member Broussard Vickers indicated the sidewalk is a good idea but it will be disruptive to the neighborhood because it seems an inordinate number of people have put their trees in the boulevard. Mayor Sweeney indicated it would be a good time for the City to do the sidewalk and the assessments are lower than estimated. Mayor Sweeney and Council Member Lee indicated they were in favor of doing the sidewalk. Council Member Paar indicated he is opposed to the sidewalk because it would be very disruptive to an established neighborhood. He then said that he went and looked at the area and a lot of trees will be lost and some of the yards are very small. He further commented that it is too much to do to the residents in that neighborhood because the street is being torn up and with the sidewalk, trees would be lost and the utilities would need to be relocated. Mayor Sweeney indicated that the trees are in an easement and things need to be relocated but the yards are not any smaller than anywhere else. Council Member Paar commented that the project is coming in under what was expected and leaving the sidewalk out keeps the assessment lower for residents. Council Member Capra said she does not feel it is right to establish a sidewalk where there was never a plan to have them. She further commented that it is disruptive and it does not lead to a trail. Council Member Capra said that she feels that when the City goes in with a project they should leave the smallest footprint possible on the neighborhood and giving them a new road is necessary but removing trees, relocating utilities and adding a sidewalk is too much. City Attorney Hoeft reminded Council that the assessment project needs a 4/5ths vote to be approved. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve Resolution #04-022, the bid from Dressel Contracting Inc., in the amount of $1,629,911.25 per the Engineer’s recommendation for the 2004 Utility and Street Improvement Project. All in favor. Motion carried unanimously. Page 5 of 12 City of Centerville May 12, 2004 Council Meeting Minutes Motion by Council Member Lee, seconded by Council Member Broussard Vickers to approve alternate bid one for Dressel Contracting for the sidewalks. Ayes – 3, Nays – 2(Paar/Capra). Motion failed. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to reject alternate bid number two. All in favor. Motion carried unanimously. 6. Potentially Dangerous Dog – 1971 South Robin Lane Council Member Broussard Vickers asked staff to follow up with the licensing requirement to ensure the dog is licensed. 7. Appointment of a Solid Waste Advisory Committee Member, Alternate to Recycling Coordinator Council Member Capra agreed to temporarily serve as the alternate for the meeting. 8. Street Improvement Bonds Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve Resolution #04-023 revising the bond amount to $2.2 million. All in favor. Motion carried unanimously. 9. Referendum for Community Center Council Member Capra indicated she was asked by a resident to bring discussion of a referendum for a community center to Council for discussion. Council discussed the matter and indicated that numerous residents would need to express a willingness to be taxed for a community center before it would be considered for a referendum. They also discussed the fact that funding community centers is very costly and the YMCA is coming soon. 10. Acorn Creek Portable Restroom Council Member Capra indicated she had been contacted by a resident to see whether the portable restroom could be moved deeper into the park because it is right next to his garage. Council agreed that Park and Recreation along with the public works staff should determine the appropriate location for the portable facilities. VIII. OLD BUSINESS 1. Tax Increment Financing Page 6 of 12 City of Centerville May 12, 2004 Council Meeting Minutes Council Member Lee indicated that he had asked that this be placed on the agenda for discussion. He then said that he has been spending a lot of time researching TIF and has determined that he would be in favor of TIF for the commercial portions but not for the residential because he does not feel that there has been sufficient time after the rezoning to determine whether the area is blighted for residential development. Ms. Paulseth asked if everyone had read the response from the work session. She then said she had made copies and they were to be placed on the desk for Council. Council indicated that they had not received copies and Ms. Paulseth made copies for them. Council Member Capra asked whether the Engineer met with Mrs. Rehbein to discuss what is proposed for the road reconstruction. She then said that this is a major thorough fare with a large rain garden in her yard which is in the easement but it is massive. The City Engineer indicated he could have stakes placed in that location to show what will happen. Council Member Capra commented that this is a very messy project. Mr. Sheulender indicated that he had heard that the City Engineer had met with Ms. Rehbein to try to incorporate the rain garden into her landscaping and make it all work together. Ms. Paulseth reviewed the TIF memo with Council from Nick Skarich of Northland Securities Finance. She then indicated that Mr. Skarich feels the request is reasonable and he would recommend that the City consider the 15 years with the 70% payout option. Ms. Paulseth indicated that Northern Forest Products was structured for a 95% payout and it is done next year. Council Member Capra asked whom would do the excavating. Mr. Montgomery indicated they have not yet picked a contractor. He then said they are considering the 429 process so it would all be through bids. Ms. Paulseth indicated that she was contacted by a Planning Commission member and asked what the other TIF districts were within the City. She then listed them and indicated that there were five, but the fifth was terminated. Mayor Sweeney noted that three of the four were residential TIF districts. Page 7 of 12 City of Centerville May 12, 2004 Council Meeting Minutes Mr. Montgomery encouraged Council to further consider the benefits of utilizing TIF financing and said he honestly feels the area would not develop without the TIF assistance. Council Member Capra indicated that she does not want to argue the points of TIF but she has looked into this extensively and contacted the people recommended by the developers. Council briefly discussed some of the projects that could be accomplished with TIF funds including trail work and sidewalks. Mayor Sweeney indicated that a way to fund improvements within the parks as well as routine upkeep would be to utilize TIF funds for eligible projects. Mr. Montgomery indicated the district was structured the way it was to get new th commercial all the way down 20 Avenue. Council agreed to review the information provided and provide comments to Staff. 2. Proposed Walkie Talkie Purchase (Fete des Lacs) Motion by Council Member Capra, seconded by Council Member Broussard Vickers to deny the request to purchase walkie talkies. All in favor. Motion carried unanimously. 3. Lions Garage Use Council Member Capra asked whether the Lions could use the Turcotte garage rather than moving the other one. Council Member Lee commented that the shed was going to be located in the staging area for the water tower construction. Mayor Sweeney indicated that Mr. Wilharber is working with Mr. Palzer on an alternate location for the shed. 4. Unbilled City Assessments Council Member Capra indicated that it was determined that the Johnsons on Brian Drive did not have their assessment placed on the County tax rolls and may not have paid it. She then said there were others but the homes have since been sold. Ms. Paulseth indicated there were four assessments that did not make it to the tax rolls and there is a system in place now to make sure that does not happen. Page 8 of 12 City of Centerville May 12, 2004 Council Meeting Minutes Council Member Capra indicated that the residents received a bill from the City for the amount and the City has no record of them paying it. She then indicated that Staff has asked them to provide proof that it was paid. Ms. Paulseth indicated that there are records of others paying during that time period. She then said she is inclined to believe it was not prepaid because there was an attempt by the City to have it assessed but the request was missed by the County due to a change in property identification numbers. IX. ANNOUNCEMENTS/UPDATES Joel Swenson of 7016 Brian Drive addressed Council and indicated he would like an extension to move his shed because his backyard is too wet to get any equipment back there to move it. He then explained that he had gone before the Planning and Zoning Commission and the Commission had recommended another extension to allow time for the backyard to dry out. Council Member Broussard Vickers explained that Planning and Zoning discussed this matter and, while it was felt that the current location of the shed is the best location on the property, it cannot remain there because it is in a drainage easement. She then said that there was a member that would consider a variance but the others felt that hardship could not be established. Council Member Broussard Vickers asked City Attorney Hoeft whether it would be possible to reconsider the drainage easement and look into the possibility of making it smaller. City Attorney Hoeft indicated it would be possible to do so but the City would want the homeowner to reimburse the City for the costs associated with doing so including engineering time, attorney time, and any recording fees necessary. Council Member Capra commented that the homeowner received an extension of time to move the shed and she is not in favor of another extension. Mr. Swenson explained that ever since his neighbor put in a culvert he has had standing water in his backyard regardless of whether it is dry or wet. Council Member Broussard Vickers asked the homeowner if he was willing to pay $1,000 as an escrow for engineering costs to reduce the easement and agree to pay any further costs associated with the request. She then explained to him that it is possible that he could pay the money and find that the City is not able to reduce the drainage easement. Council Member Broussard Vickers indicated that the City received a letter from the individual who initially complained asking that the City get the shed moved. Page 9 of 12 City of Centerville May 12, 2004 Council Meeting Minutes Council Member Paar indicated that this is the best location on the property but it cannot stay there because of the drainage easement. He then said that he would like the City to look into the water issue caused by the neighbor’s culvert. Council Member Broussard Vickers indicated that, if the homeowner is interested in exploring the reduced easement option and paying for it, she would consider an extension. However, she is not in favor of an extension if the homeowner is simply asking for time to allow for the area to dry out because the extension was granted to allow the shed to be moved during winter when the ground was frozen. Mr. Swenson indicated that the shed froze into the ground. Council Member Broussard Vickers indicated that there were steps that could have been taken to lift the shed up to ensure that it would not freeze to the ground and allow for moving the shed. Mr. Swenson asked when he could discuss the issue with the drainage. City Attorney Hoeft indicated that there may not be anything that can be done about a neighbor backing more water up into a drainage easement. Ms. Moore-Sykes indicated that Staff would take a final look at the matter and report to Council. Julie Lindsey addressed Council to discuss the letter she wrote concerning the City owned property near hear home. She then explained that the area is trashy and in need of upkeep and she feels the City should do something about it to show a good example for other residents to upkeep their properties. Council agreed the property should be cleaned up and asked Staff to look into it. Council Member Capra indicated that Lino Lakes had a meeting Monday night and it was the first hurdle for removing the sunset clause on the no wake zone. Council Member Broussard Vickers commented that the rookery is making a come back. Council Member Capra commented that there was a tragedy in Hayward when huge hailstones killed 150 birds. Council Member Lee indicated that Wayne LeBlanc went through financials that were provided by Ms. Paulseth and Park and Recreation would be willing to trade a few things in an effort to purchase the property and they believe they have the money to do it. Mayor Sweeney asked if the property purchased would have lake access. Page 10 of 12 City of Centerville May 12, 2004 Council Meeting Minutes Council Member Lee indicated that the City would own property in Lino Lakes with lake access. Mayor Sweeney asked if the zoning would cause an issue if the City wanted to create a park. City Attorney Hoeft indicated he would need to look into it. Council Member Capra indicated she would like confirmation from Ms. Paulseth that the money is there and whether there would be any issues with zoning. Council Member Lee indicated that Park and Recreation would like the trail by St. Genevieve to run on the sewer and water easement near the water rather than the route proposed by the Church. Ms. Lindsey provided pictures of where the trail would run as suggested by the Church and as suggested by Park and Recreation. She also noted that the trail would run by her kitchen window and be only 16 feet away. Council Member Lee pointed out that when Goiffon was vacated there was a gentlemen’s agreement that the Church would be willing to work with the City on putting in a trail and since there is a sewer and water easement along the lake, Park and Recreation would like the trail over the easement. Council Member Paar commented that this whole project is dependent upon the reconstruction of Main Street. Council Member Paar indicated that the EDC Business Appreciation Dinner went well. Council Member Capra commented that the letter from the City got to the County Board and apparently had an impact. Mayor Sweeney commented that there are some upset people about Centerville’s opinion on the stadium. Council Member Broussard Vickers indicated that Planning and Zoning is working on Ordinance #4. Council Member Capra asked that 24-hour businesses be added. Council Member Broussard Vickers asked that Council get the information at the same time as the Planning Commission to save time with review and comments. Council Member Capra reported that there was a ground breaking at Chauncey Barrett this afternoon. Page 11 of 12 City of Centerville May 12, 2004 Council Meeting Minutes Mayor Sweeney indicated that the joint powers police governing board would meet Monday, May 17, 2004. X. ADJOURNMENT Motion by Council Member Broussard Vickers, seconded by Council Member Paar to adjourn the May 12, 2004 City Council Meeting at 8:40 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 12 of 12