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HomeMy WebLinkAbout2004-05-26 CC CITY OF CENTERVILLE CITY COUNCIL MEETING MAY 26, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on May 26, 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 May 26, 2004, City Council meeting to order at 6:30 p.m. II. SET AGENDA th Mayor Sweeney added the April 14, 2004 Executive Session Minutes, and 20 Avenue TIF. Council Member Capra requested that an on street parking moratorium during the construction season be added and Eagle Pass Townhome Association under Old Business. Ms. Moore-Sykes requested that the street vacation public hearing be tabled and that a provisional tobacco license be added to the agenda. 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.May 12, 2004 City Council Meeting Minutes 2. April 14, 2004 Executive Session Meeting Minutes City of Centerville May 26, 2004 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 4 of 12, second sentence indicate it is a software update to work with the current operating system. On Page 7 of 12, third paragraph from the bottom take out received bids. Correct Northland Public Finance to Northland Securities. Council Member Capra requested that the spelling of Goiffon be corrected. Motion by Council Member Lee, seconded by Council Member Capra to approve the May 12, 2004 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. April 14, 2004 Executive Minutes Council requested that the times be added. Recess at 10:20 p.m. and reconvene at 12:05 a.m. adjourn at 12:08 a.m. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the April 14, 2004 Executive Minutes as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.The City of Centerville May 12, 2004 through May 26, 2004 Claims for Approval 2.Centennial Fire District Claims 3.Centennial Lakes Police Department Claims April 15 – April 30, 2004 4.Centennial Lakes Police Department Claims May 1 – May 13, 2004 Council Member Broussard Vickers questioned why the police department uses a different attorney. She also asked for more information on the Labor Relations consulting fees and for clarification on the phone bills for the department. Ms. Moore-Sykes indicated that she would provide information on the questions asked. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES None. VI. PUBLIC HEARINGS 1.Mr. Robert Burgstahler, 7381 Old Mill Road (Lot Split) 2.Mr. Robert Burgstahler, 7381 Old Mill Road (Rezone from R-1 to R-2 Page 2 of 11 City of Centerville May 26, 2004 Council Meeting Minutes Mayor Sweeney opened the public hearings at 6:53 p.m. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to close the public hearings on the lot split and rezone. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearings at 6:55 p.m. Motion by Council Member Capra, seconded by Council Member Broussard Vickers to rezone from R-1 to R-2 as requested. All in favor. Motion carried unanimously. Motion by Council Member Lee, seconded by Council Member Paar to approve the lot split of 7381 Old Mill Road as requested. All in favor. Motion carried unanimously . 3. Street Vacation/Easement Submitted by Mr. Clay Alcock (Mill Road Extension) Motion by Council Member Broussard Vickers, seconded by Council Member Lee to continue the public hearing to the next meeting. All in favor. Motion carried unanimously. VII. NEW BUSINESS nd 1. Pay Estimate #1 – Hunter’s Crossing 2 Addition Phase I – Northdale Construction $113,493.46 Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve as recommended by the City Engineer. All in favor. Motion carried unanimously. 2. Sandblasting Proposal for the 1985 Plow Truck – Not to Exceed $1,000 Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve the repair and refurbishing of the dump truck as proposed by Staff. Council Member Lee asked if that was a vehicle that was scheduled to be replaced. Mr. Palzer indicated that the large dump truck would be kept for eight (8) more years. VOTE: All in favor. Motion carried unanimously. Page 3 of 11 City of Centerville May 26, 2004 Council Meeting Minutes 3. Elevation of Pond Piping – Further Consideration of Pond Dredging Mr. Peterson indicated he would like to confirm the elevations because he believes the nd culvert under 72 is too high. 4. Church of St. Genevieve Request for Bingo, Raffle, Paddlewheel, Pull-Tabs and Tipboards at their August 15, 2004 Festival Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve the request of St. Genevieve for a permit for Bingo, Raffle, Paddlewheel, Pull-Tabs and Tipboards at the August 15, 2004 Festival and waive the fees as requested. All in favor. Motion carried unanimously . 5. On Street Parking Waiver Council Member Capra asked if it were possible to waive the on street parking requirements during the street reconstruction. City Attorney Hoeft recommended that the police just use discretion as it would be time consuming and expensive to amend the ordinance or institute an interim ordinance for a short term. 6. Provisional Tobacco License for Center Mart Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve a provisional license for two months to allow time for the background check but prior to the start of the license insurance certificates are to be provided to the City. All in favor. Motion carried unanimously. VIII. OLD BUSINESS 1. Jackson Commercial Town Office Park Phase I/TIF Financing City Attorney Hoeft reviewed the proposed changes to the development agreement. Council Member Broussard Vickers, seconded by Council Member Lee to approve the development agreement. All in favor. Motion carried unanimously Mayor Sweeney indicated that if the Comprehensive Plan is not amended then the rezoning is not effective. City Attorney Hoeft indicated that the Comprehensive Plan is amended because the City authorized the rezoning and preparation of the paperwork was to be handled and funded by the developer. Page 4 of 11 City of Centerville May 26, 2004 Council Meeting Minutes City Attorney Hoeft clarified that the City has amended the Comprehensive Plan and all that is necessary is Met Council approval. He then said that any member voting in the affirmative can make a motion to reconsider and ask for a second to bring the matter back to the table. Ken Carpenter addressed Council and asked Members to consider that all the issues with the properties would go away with this development and there are benefits for the City to authorize the TIF financing. Brian Hanson, 1950 Center Street, addressed the Council and indicated that the City has had five TIF districts and three of those were residential TIF districts. He then asked whether that sets a precedent in the City. City Attorney Hoeft indicated there are no requirements there. Mr. Hanson indicated that one of the areas that the residential TIF was set up for was Center Oaks property that is adjacent to this piece and he assumes the reason for doing so was the soil issues in Center Oaks. Mr. Hanson indicated the request for TIF for this area would fall, in his opinion, under the same types of circumstances including very poor soil. He then said that this would bring tax base to the City and it develops an area of the City by bringing an area into the tax base that may not develop for some time. He also asked Council to really look hard at it because the money that would come out of the TIF district could benefit the City in a number of ways. Mr. Carpenter indicated that this type of development provides screening with townhomes to the commercial district and residents are more likely to agree to that than some other type of development. Mayor Sweeney commented that he talked to someone the other day at Corner Express and they said that they were hoping the TIF did not go through and when asked why, the person did not have an answer. He then said that when he explained the TIF process and the potential benefits to the City this person changed his mind. Mayor Sweeney indicated he would like to see the additional residents and commercial development come to town. Council Member Broussard Vickers indicated she looks at the broader issues and she feels that the development would not occur but for the TIF financing. She then said that she likes the proposed use for the property and feels it would be a nice fit for the community and the potential to use TIF dollars for other projects within the City. Council Member Paar clarified that he is not against the project but is against the City financing it with TIF. He then said that he has done the research and spoken to a lot of people and it seems to him that the property owners get their money, the developer gets Page 5 of 11 City of Centerville May 26, 2004 Council Meeting Minutes his money and someone has to pay the difference and he does not want the City to be taken advantage of. Council Member Paar commented that the latest information on TIF from Scott came from Brooklyn Center and they are the highest taxed city in the state and they are heavily TIF. He then said that he did not go into this close minded, has done the research and he feels this is not a good idea for the City in the long run. Council Member Paar indicated that with all the development going on in Lino Lakes he does not think the property will sit for years without development. Council Member Capra indicated that she agreed with Council Member Paar and commented that this started last year with the townhome offices and now those are not going to be done because the City is saying no to TIF. She then said that there were residential TIF’s done previously but that was when the interest rates were 10%. She then said that it is a sad state of affairs when two people cannot come to terms on the small piece of property. She further commented that her compromise was to rezone because it gives the people what they were looking for but she does not feel that TIF financing is in the best interest of the City. Mr. Carpenter commented that he had heard that the City had a recommendation that the figures were favorable for a TIF situation. Council Member Lee said he agrees that this property is commercially blighted and unable to bring businesses in. He then said that he does not think there is any evidence that it is residentially blighted. He further commented that he feels that the County Road 14 project will be a boon for commercial growth in that area and should mean growth for th 20 Avenue. Council Member Lee indicated that he heard the comment that there is property in other communities that would not require the work so he is concerned and confused as to why a developer would want to go through all the trouble if there is other property available that would not require this much trouble. He then said that someone is picking up the tab to ensure that the developer gets his money and the property owners get their money and he does not want that to be the taxpayers. Council Member Lee commented that this has been talked about for months and he has struggled with it and he has struggled with it because something is not right. He then said that he is disappointed that the office townhomes are not going in but the developer had the ability to move forward and the fact that they only intended to do the project with TIF financing figured into his decision. Page 6 of 11 City of Centerville May 26, 2004 Council Meeting Minutes 2. Resolution #02-024 – Award of the G.O. Bond for the 2004 Street Improvement Project Mr. Eilertson reviewed the bids received and noted that Wells Fargo was the low bidder. He then noted that the A2 rating assisted with getting underwriting so for this bonding the City has a AAA bond rating. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve Resolution #04-024 awarding the general obligation bond sale to Wells Fargo. All in favor. Motion carried unanimously. 3. Brian Drive & CSAH 14 Construction Projects Council Member Capra provided photographs and asked the Engineer to show what would be done by Mr. and Mrs. Johnson’s house. Mr. Peterson explained and showed on the picture how it would work and explained that the reason is to center the road over the culvert. Mr. Peterson drew a picture on the board of the proposed changes. Council Member Paar indicated the reason for the 6 feet to the west was to keep the trees and the alignment is better. Council Member Broussard Vickers asked that a letter be sent to the Johnsons explaining the reason it was configured as it was. Council Member Capra asked about the timing. Mr. Peterson explained that due to complications on other jobs they rescheduled and, since this is an easier portion of the job, it will be done first but still assessed in the fall. Kevin Fogerty of 7088 Brian Drive asked for an update on the project because he arrived late to the meeting. Council provided an overview of the project to Mr. Fogerty and explained that splitting the difference on either side of the street would mean losing the trees that Council was asked to keep. Council Member Broussard Vickers indicated that if residents are not concerned with the trees then she would want the street to be widened to City standards. 4. Proposed Purchase of St. Paul Water Services Vacant Lot at 1601 LaMotte Drive Council Member Capra asked if Ms. Paulseth reviewed the figures. Page 7 of 11 City of Centerville May 26, 2004 Council Meeting Minutes Ms. Paulseth indicated that the funds are available for the purchase. Mr. Palzer indicated there may be an issue as there may need to be something done for storm drainage retention for the street. Mr. Peterson indicated he would look into a possible location for the ponding. City Attorney Hoeft indicated that if the City does not put it on City property the City will have to buy property to put it on. Council Member Capra asked if Ms. Moore-Sykes talked to Lino Lakes about Centerville owning property there. Ms. Moore-Sykes indicated she contacted Lino Lakes and it was mentioned that Lino would consider purchasing the adjoining parcel for a potential joint park. Ms. Moore-Sykes indicated she would contact Lino Lakes Staff for further information. City Attorney Hoeft recommended Staff be directed to contact them and tell them to begin drafting the documentation. He then indicated that he has no issue with the rider the City has been asked to sign with regard to the pathway. 5. St. Paul Regional Water Services Third Rider to Agreement (Trail Behind nd Hunter’s Crossing 2 Addition Phase I Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve with the condition that it be a 10-foot asphalt trail. All in favor. Motion carried unanimously. 6. 1540 Peltier Lake Drive (Complaint Update) Mr. Palzer indicated that progress is being made at the property. Ms. Moore-Sykes indicated that the City Clerk had contacted the Chief and extra patrols were being done and they are aware of the situation. Council Member Capra asked how long a resident has to complete the project. City Attorney Hoeft indicated the City can trim trees and cut grass and assess the cost back to the property but there are no time limitations on the property owner or the City with regard to the dwelling. Council Member Broussard Vickers asked what the issue with the neighbors is. Page 8 of 11 City of Centerville May 26, 2004 Council Meeting Minutes Ms. Moore-Sykes indicated that maintenance of the lawn is an issue but the property is being mowed. Council Member Capra asked if there is running water at the home. Mr. Palzer indicated there is cold water at the property. Council asked that Staff keep tabs on the property to make sure that the lawn is kept mowed and to inform the concerned residents of the current status. 7. 7020 Brian Court (Drainage) Mr. Peterson indicated that the drainage elevation is proper. Mr. Swenson indicated that for six years he never had any water issues then the culvert was put in and now he has water. Mr. Carlson indicated that he has done research and it is his contention that the yard of Mr. Swenson and his yard have had water at times during the year. He then said that this is a private matter because Council has ruled on it and he is tired of having to readdress this matter time and again. He further asked that Council consider this matter closed. City Attorney Hoeft indicated that the engineer has stated that, in his professional opinion, the drainage is proper and that is the end of the City’s involvement. Mr. Swenson asked why the draintile did not go into the culvert. Mr. Carlson indicated that it is two inches lower to allow for flow. Mr. Carlson asked whether this would be placed back on the agenda or if the matter was finished. City Attorney Hoeft advised Mr. Carlson that any one can ask that an item be placed on the agenda so there is no way of assuring him that this will never be before Council again. 8. Recommendations for Hiring Two (2) Public Works Maintenance Employees Ms. Moore-Sykes indicated that interviews are scheduled for June 4, 2004. 9. Eagle Pass Townhomes Council asked Staff to determine whether any issues raised in the letter are City responsibility and report back to Council. Page 9 of 11 City of Centerville May 26, 2004 Council Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1.Donation from Bonestroo, Rosene, Anderlik & Associates - $275 Council thanked Mr. Peterson for his firm’s donation. 2. Moody’s Rating Report – A2 Mr. Eilertson indicated that the City’s rating is A2 and AAA for the bond just sold. 3. Ms. Julie Lindsey, 1687 Sorrel Street – Complaint Update Mr. Palzer reported that no evidence of rodent infestation was found at the property. Council Member Broussard Vickers asked that the property be kept up and that the resident be informed that there was no rodent infestation at the property. 4. Tri-City Update Council Member Capra indicated she attended the meeting and the group is looking for approval of the Joint Powers Agreement. City Attorney Hoeft indicated that this agreement does not obligate the City to any funds and the City can pull out for any reason at all. Council Member Capra indicated the name for the group is tentatively going to be I35WE. Motion by Council Member Capra, seconded by Council Member Lee to approve the Joint Powers Agreement for Transportation Infrastructure Planning. All in favor. Motion carried unanimously. 5. 1971 S. Robin Lane – Potentially Dangerous Dog Ms. Moore-Sykes indicated there would be a hearing on the matter on June 9, 2004. Mayor Sweeney asked that the Planning Commission be asked to consider allowing six (6) foot sideyard setbacks to allow residents to construct a third stall on their garages. He then explained that he had requests from residents on the matter. Council Member Broussard Vickers asked the Mayor to check with the Fire Chief to determine whether the fire department would have any issues with a reduced sideyard setback. Page 10 of 11 City of Centerville May 26, 2004 Council Meeting Minutes X. EXECUTIVE SESSION 1. R & R Leasing – Tentative Agreement Council recessed to executive session at 8:34 p.m. Council reconvened the regular session at 8:40 p.m. During the executive session Council discussed the proposed settlement offer from R & R Leasing. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to accept the submitted settlement offer by R & R Leasing. All in favor. Motion carried unanimously. XI. ADJOURNMENT Motion by Council Member Broussard Vickers, seconded by Council Member Paar to adjourn the May 26, 2004 City Council Meeting at 8:45 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 11 of 11