HomeMy WebLinkAboutCC 11-29-04
CITY OF CENTERVILLE
CITY COUNCIL MEETING
NOVEMBER 29, 2004
(Centerville Elementary School)
6:30 p.m.
Pursuant to due call and notice thereof, the, City of Centerville held their regularly scheduled
meeting on November 29,2004, at Centerville Elementary School, 1721 Westview Street.
PRESENT:
Mayor Terry Sweeney
Council Member Capra
Council Member Lee
Council Member Paar
ABSENT:
None.
STAFF:
City Attorney Mr. Hoeft
City Engineer Mr. Peterson
City Clerk, Ms. Bender
I. CALL TO ORDER
Mayor Sweeney called the November 29, 2004, City Council meeting to order at 6:30
p.m.
II. SET AGENDA
Nothing was added.
Motion by Council Member Paar. seconded by Council Member Lee to approve the
a2enda as presented. All in favor. Motion carried unanimously.
III. PUBLIC HEARING - DELINQUENT UTILITIES
1. Resolution #04-056 Delinquent Utilities
The Mayor opened the public hearing at 6:33 p.m.
No comments were heard.
Motion by Council Member Capra. seconded by Council Member Boussard Vickers
to close the public hearin2 at 6:35 p.m.. Motion carried Unanimously.
City of Centerville
Council Meeting Minutes
November 29, 2004
Motion by Council Member Lee. seconded by Council Member Capra to approve
Res. #04-056. Delinquent Utilities. All in favor. Motion carried unanimously.
Mayor Sweeney reviewed the process for special assessments, set rules of raising hands
and waiting to be spoken to, no one will speak a second time until everyone has had an
opportunity to speak once, once chosen to speak you will state your name and address for
the record. Mayor Sweeney stated that this is a special assessment hearing and the
Council will be discussing how the assessments were computed, whether they are proper
or need adjustment and Council would be taking action this evening to adopt the
assessment roll for the 2004 Street Project. The Mayor also stated that residents would
have a 30 day period to pay such special assessments without certification to the County
or interest being charged.
The Mayor opened the Public Hearing at 6:41 p.m.
City Engineer Peterson gave a brief discussion regarding the total project costs and how
the assessments were determined per lot. Mr. Peterson stated that the average assessment
was $7,000 per lot.
Mr. Dave Lutz, 7170 Shad Avenue, stated that this would be his third time paying for a
road and the catch basis water still runs through his property. Mr. Lutz also stated that it
would cost an additional $5,000 to $6,000 to hook into the system. Mr. Lutz questioned
what benefit was it to his property.
Mr. Peterson stated that sand had been excluded from the sub-grade of the roadway
previously and it is expected that the roadway will last from 20 to 25 years. Mr. Peterson
also stated that water services would be available which would aid in fire protection to all
of the areas served. A tanker for transportation of water would no longer be needed and
that a concrete curb and gutter would last indefinitely.
Mr. Lutz felt that his property value would not increase by the amount to be assessed to
his property.
Mr. Peterson stated that an appraisal of Mr. Lutz' property would show that he would
benefit from such services.
City Attorney Hoeft stated that courts have previously stated that properties receiving
similar improvement do receive a benefit and same is allowed to be assessed.
Mr. Lutz felt that maybe half of the cost or proposed benefit should be assessed but not
all.
Mr. Hoeft stated that all residents have the right to appeal the special assessment and
same is based on construction costs. Mr. Hoeft stated that residents needed to understand
that if they appeal, they will go to a court hearing and appear in front of a judge who may
determine that the special assessment amount is low or high.
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City of Centerville
Council Meeting Minutes.
November 29, 2004
Mr. Lutz stated that he had already paid for the road twice and now the City desire to
install water and he was to pay for it. Mr. Lutz felt that if the City desired water services
then they should pay for it.
Council Member Paar questioned why the street was previously replaced. Was the last
time it was replaced twenty (20) years ago? Council Member Paar stated that it was
Council's job to see to it that the job was done correctly.
Mr. Hoeft apologized for cutting off Mr. Lutz and stated that the amount may be proper
and Council can not determine each home's value but $8,000 to $10,000 for just water
being available is customary. Mr. Hoeft explained that the City can do the replacement
of the streets and assess those that directly benefit from the project. Mr. Hoeft also stated
that some residents may have paid for improvements to the streets previously, but he
hoped that the streets and the residents will remain for quite some time.
Council Member Broussard Vickers stated that residents have 30 days to appeal their
assessments subsequent to the approval of the resolution for consideration this evening.
Mr. Hoeft explained that written objections must be received tonight (at the meeting) to
commence the time period.
Mr. Michael Johnson, 7046 Brian Drive, questioned whether the audience would know
this evening?
Mr. Hoeft stated that upon adoption of the resolution, the assessments can not increase -
they can only stay the same or decrease.
Mr. Lutz thanked Council for their time.
Mr. Johnson stated that he is the previous owner of the home and does not feel that the
assessments benefit his property. Mr. Johnson also stated that in 1996 culverts were
placed incorrectly and that all four sides of their property had been tom up. Mr. Johnson
applauded Council Member Capra for viewing their property. Mr. Johnson also stated
that he had been told by previous City Administrator March that his side of the street had
been completed. Mr. Johnson stated that it was not completed properly and if it was then
they would not be here this evening. Mr. Johnson stated that the catch basin is still where
it was.
Mr. Peterson stated that no sand or draintile were placed in front of their home.
Mr. Johnson questioned why they should pay again. Mrs. Johnson stated that the street
was completed beyond the culvert previously. Mr. Johnson explained that previously he
sent an email to the City and the City stated that they never received it and then they sent
the same letter certified mail to prove that the City received the letter.
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City of Centerville
Council Meeting Minutes
November 29,2004
Mr. Hoeft stated that residents have the right to appeal their assessments. Mr. Hoeft
stated that if the assessments were adopted tonight, the homeowners have every right to
retain an appraisal for their home or the City may chose to do so.
Mr. Johnson asked if Mr. Hoeft was instructing him to use litigation as a solution. Mr.
Hoeft stated that residents have the right to appeal or utilize litigation if the resident
believes it is necessary.
Ms. Julie Dixon, 1817 Center Street, stated that the work in front of her home is not
completely done and the flares for the driveway were still incomplete. Ms. Dixon
questioned whether this would be completed. Ms. Dixon stated that she had spoken with
Council Member Capra regarding the issue. Ms. Dixon stated that she would be
contesting the assessments for this reason.
Mr. Peterson stated that the project is continuing and that Ms. Dixon's driveway flares
will be placed on the punch list.
A resident from the audience stated that there seems to be quite a bit of water standing in
the street on Brian Drive. Mr. Peterson explained that an additional lift would be added
to the roadway and the curb and gutters will assist the drainage.
Mr. Tim Noyes, 7224 Peterson Trail, questioned the mill and overlay on Fox Run and
why his was 57% more.
Mr. Peterson stated that a lot more work was needed in the block of Peterson Trail. One
piece of curb was still needed to be taken out and that there were less lots to divide the
total into because of 73rd not be included in the project.
Mr. Noyes questioned whether the road was complete.
Mr. Peterson stated that seal coating would need to be completed for several years.
Mr. Noyes questioned whether there would be additional assessments for the seal coating.
Mr. Noyes stated that his driveway has cracks from the project.
Council Member Broussard Vickers stated that Mr. Noyes' address would be added to the
punch list.
Mr. Thomas Koster, 1761 Center Street, stated that it took the crew less that 10 minutes
for two (2) driveway replacements (lower ends) and that both still hold water.
Ms. Debra Henrich, 1776 Center Street, stated that there is a line in their driveway and
that something is sticking out of their yard.
Mr. Peterson stated that he would look at the issues.
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City of Centerville
Council Meeting Minutes
November 29, 2004
Ms. Jeanine Solberg, 1800 Center Street, questioned how the calculations worked for
comer lots.
Mr. Peterson stated that the calculations for their assessments were for the street footage
of Center Street and half of Pheasant Lane.
M~. Solberg stated that their driveway was also holding water.
Mr. Orville Hughes, 1793 Center Street, stated that the ends of the driveways were all
installed quickly and the quality of asphalt was of subgrade. Mr. Hughes stated that he
was employed with the City for twenty (20) years.
Mr. William Campbell, 1745 Center Street, reported that his culvert had yet to be fixed.
Mr. Peterson stated that the pond needed to be dredged behind Mr. Campbell's and that
same would occur this winter. Mr. Peterson stated that the pond dredging was not a part
of this project.
Council Member Capra questioned the warranty period for the work that IS being
completed in this project.
Mr. Peterson stated that the contractor would provide a one year warranty period. Mr.
Peterson also stated that the ditch behind Mr. Campbell's property would be fixed.
Ms. Candace Dunne, 6907 Tourville Circle, questioned when the construction would be
completed.
Mr. Peterson explained that a lot of excavation had taken place and that settling could
occur. Mr. Peterson stated that the last lift needed to be completed in the spring. Mr.
Peterson assured Ms. Dunne that the road would be completed the way it was supposed to
be.
Ms. Dunne explained that water pools in the street.
Mr. Peterson stated that the last lift would move the water from the street to the curb and
same would happen in May.
Ms. Dunne questioned whether an appeal was needed to ensure that the work was
completed.
Ms. Dunne presented Council with an appeal.
Mr. Craig Negurlo, 6926 Oak Circle, questioned the Mayor as to if all audience members
stood up, would this be approved?
Mayor Terry Sweeney stated "Yes"
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City of Centerville
Council Meeting Minutes
November 29,2004
An audience member questioned who sets the interest rate for assessment calculation.
Council Member Broussard Vickers stated that Council does and same would be set this
evemng.
Mayor Sweeney stated that if residents desired they could secure their own loan rather
than the City certifying the assessment to their property taxes.
Mr. Tedd Peterson, 6933 Pheasant Lane, questioned whether there would be additional
assessments for the last lift.
Mr. Peterson stated "No".
Mr. Al LaMotte, 1643 Heritage Street, stated that his assessments showed curb and gutter
and there were no curb or gutters installed on his street. Mr. LaMotte also stated that the
street tilts toward the properties rather than the ditch and does not drain. Mr. LaMotte
requested that Mr. Peterson look at the issue.
Mr. Peterson stated that he would
Mr. Mark Edberg, 7072 Brian Drive, questioned where the water from the streets should
be running.
Mr. Peterson stated that the streets drain to culverts and the storm sewer.
Mr. Edberg questioned the piping of the system.
Mr. Peterson stated that all the storm sewer was divided amongst all lots as same
benefited all residents.
Mr. Edberg questioned whether the three (3) boulders that had been moved by the
construction crew and whether they would be moved back.
Council Member Broussard Vickers questioned whether they were in the road right-of-
way?
Mr. Edberg stated that they were approximately 15 feet from the road.
Mr. Peterson stated that he would check this address.
Mr. Bob Clearance, 1649 Heritage Street, stated that the asphalt abutted the drainage
ditch. Mr. Clearance also stated that he only has approximately 60' of road and then it
curves to the south and then there is the driveway. Mr. Clearance also stated that he has
three (3) inches of water in his driveway and the water is not flowing. Mr. Clearance
again stated that he may have approximately 50' of road curb to road and then back of the
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City of Centerville
Council Meeting Minutes
November 29, 2004
curb. Mr. Clearance again stated that he shares a driveway with Mr. LaMotte. Mr.
Palzer stated that Mr. Clearance has 95' feet of roadway pin to pin with 90' of curb and
gutter.
A member of the audience questioned whether the City could assess itself.
Council Member Lee stated "Yes".
Mr. Peterson stated that there was no curb in front of LaMotte's home.
Ms. Jane Olson, 1801 Center Street, questioned whether the assessments were on final
costs or the original report.
Mayor Sweeney stated that the bids came in 16% less than anticipated and if there was
overtime, same would not be billed.
Mr. Fred Curran, 6907 Oak Circle, stated that he speaks with the contractor every day
regarding the storm sewer and the drainage in the Pheasant Marsh Subdivision. Mr.
Curran questioned who would be paying for this drainage issue.
Mr. Peterson stated that the City is paying for this improvement now and would be
recouping its costs at a later time from benefiting property owners.
Mayor Sweeney stated that at such time as the remainder of Center Street is completed,
the property owners that benefit from the storm sewer will be assessed.
Mr. Jim Burrow, 7151 Shad Avenue, stated that he had spoke with the contractor
regarding connection and associated fees.
Mr. Hoeft stated that the WAC (Water Access Charge) was a Capital Improvement
Project and the Water Tower fees would come from the Water Fund.
Mr. Burrow stated that he already paid taxes and why would WAC fees be additional.
Mr. Hoeft stated that reasonable courts allow $1,500.00 for WAC Fees on the low end.
Council Member Broussard Vickers stated that the Water Fund is for maintenance and
the water tower.
Mr. Clearance questioned whether he would be required to hook up to water services.
Mr. Hoeft stated that the WAC fee would go up in the future and if residents desired to
pay up front, they may do so to guarantee the fee at its current rate.
Mr. Clearance questioned whether a licensed plumber would need to be hired.
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City of Centerville
Council Meeting Minutes
November 29, 2004
Mayor Sweeney stated "Yes", once water was available.
Council Member Lee stated that it would cost approximately $3,000 to hire a contractor
to install a water pipe from the street to each house.
Ms: Dixon stated that the WAC fee for Chauncey Barrett had been waived and couldn't
the fee be waived for others?
Council Member Broussard Vickers state the Chauncey Barrett was a public project by
Anoka County.
A member of the audience questioned concrete versus asphalt driveways and the
expenses associated with them. Mr. Peterson stated that there was no difference, if they
had asphalt they were replaced with asphalt if they had concrete they were replaced with
concrete. Mr. Peterson stated that generally the driveways are all the same size.
Mr. Peterson continued to discuss the process for the assessment calculations.
Mr. Hoeft stated that typically the assessments are calculated on footage. Mr. Hoeft also
stated that the courts allow curb and gutter to be on a linear foot basis, storm sewer per
lot and water per lot. Mr. Hoeft stated that if there are two (2) lots the City can charge for
two (2) lots.
Mr. Dennis Nawrot, 6911 Dupre Road, questioned whether he could pay the WAC fees
now.
Ms. Henrich whether she had a ten (10) year guarantee. Who would pay after the
contractors one (1) year warranty period ended.
Council Member Paar stated that the contractor guaranteed their work for a period of one
(1) year.
Council Member Lee also stated for a one (1) year period.
Mr. Peterson stated that the contract could not be held open for any period exceed one (1)
year.
Mayor Sweeney stated that if the job or parts of the job were substandard, the City would
have the contractor fix same. Mayor Sweeney also stated that a final inspection will take
place and if there are outstanding items, the retainage would be held.
Mr. Hughes stated that the contractor told him to seal coat the end of his driveway.
Mr. Mark Plombon, 1753 Center Street, stated that his driveway is two (2) different
colors and had flares. Mr. Plombon also reported that his driveway still has standing
water in it and feels that it was a bad repair job and has cut lines.
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City of Centerville
Council Meeting Minutes
November 29, 2004
Council Member Broussard Vickers stated that the roads should last for twenty (20) years
and Council Member Capra questioned when the roads would be seal coated.
Mr. Negurlo requested that something be done to level out his driveway because sports
cars' scrape their bottom.
Mr. Peterson stated that nothing would be completed until next spring.
Mr. Kevin Navara, 6926 Pheasant Lane, questioned the 106.36 linear footage for his
property.
Mr. Peterson explained that the 106.36 was utilized in calculating the curb and gutter
dollar amount.
Ms. Virginia Rehbein, 7049 Brian Drive, stated that she had originally paid for the street
to be put in in 1997 and that the improvements were already there.
Mr. Peterson stated that Ms. Rehbein had never paid for previous assessments.
Ms. Rehbein stated that previously they allowed the City to park vehicles on their
property and she felt that there was a previous mistake on construction and that the road
was completed past the storm sewer.
Mr. Peterson stated that the City would be straightening the street in the City road right-
of-way.
Council Member Paar stated that if not assessed the first time you are not being assessed
twice.
Ms. Rehbein stated that same was seven years ago.
Council Member Broussard Vickers stated that Ms. Rehbein could file and appeal is she
chose to do so.
Ms. Rehbein submitted an appeal.
Council Member Capra stated that Ms. Rehbein had a non-billed assessment previously
and they would forgo that for now due to the fact that it was not certified.
Mr. Tedd Peterson stated that some work done on other areas in the City may have been
done cheaper than his and he has some concerns. Mr. Hoeft stated that Mr. Peterson
could submit a data request for documents regarding certain areas and bills for those
same areas.
Mr. Navarra questioned what mill and overlay was.
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City of Centerville
Council Meeting Minutes
November 29, 2004
Mayor Sweeney explained same.
Council Member Capra stated that with the submitted appeals,. what would it costs
residents in district court.
Mr. Hoeft stated approximately $500.00 to get to district court.
Council concensus was to negotiate with Mr. Johnson this evening. Mr. Hoeft concurred.
Mr. Tom Wilharber, 6849 Centerville Road, stated that two (2) letters had been received
by the Church of St. Genevieve under the same pin number.
Ms. Bender stated that an error had been made on PIN #23 - 31- 22- 32-0060 (6990
LaMotte Drive) address.
Council Member Capra stated that the church previously paid for water once.
Mr. Hoeft stated that some additional benefit had been received from this project in
another area.
Mayor Sweeney asked for further comments at 8:25 p.m.
Ms. Candi Bennet, 6926 Oak Circle, questioned when the contractor would be paid in
full.
Mr. Hoeft stated that the City entered into a contract and why would they pay now when
the work is not complete.
Mayor Sweeney questioned whether there were additional questions.
Motion by Council Member Broussard Vickers. seconded by Council Member Lee.
to close the public hearine: at 8:30 p.m. All in favor. Motion carried unanimously.
Mr. Lutz requested a 15 year payment period.
Council Member Capra stated that she was looking at 6.40% interest for a 15 year period.
Council Member Broussard Vickers stated that she concurred
Concensus of the Council was that issues needed to be addressed regarding workmanship
and it was felt that the assessment were fair, considering the costs.
Council Member Lee felt that the City has done everything possible and no one likes
assessments.
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City of Centerville
Council Meeting Minutes
November 29, 2004
Mr. Plombon stated that he would have to appeal due to his driveway issues.
Both Council Members Capra and Broussard Vickers stated that workmanship should be
checked and if not correct should be corrected to the engineer's recommendation.
Council Member Paar stated that the contractors had a- one (1) year warranty period and
that the engineer should make recommendations prior for corrections.
A member from the audience questioned how Council came up with the 6.4% interest
rate. Council Member Broussard Vickers stated that the City incurred a loan and the
interest is then calculated off of that loan.
A member from the audience questioned what allow the City to recoup an interest rate.
Mr. Hoeft stated Minnesota State Statute 429.
Mr. Hughes questioned whether an assessment could be paid off prior to the 15 year
period.
Ms. Bennett questioned the timing of an appeal.
Council Member Broussard Vickers stated that if it is not taken to District Court within
thirty (30) days the appeal dies. Council Member Vickers stated that Ms. Bennett's
drainage issue is on the punch list.
Motion by Council Member Lee. seconded by Council Member Broussard Vickers.
to approve Res. #05-055 for a 15 year period at 6.4%. All in favor. Motion carried
unanimously.
Negotiation with Mr. & Mrs. Johnson, 7046 Brian Drive took place. Staff was directed
to research the issue of previous special assessments being missed from certification,
original developers agreement in regards to the storm sewer issues and Mr. & Mrs.
Johnson would be placed on Council's next agenda under appearances.
Negotiation with Mr. Al LaMotte, 1643 Heritage Street, took place regarding the removal
of curb and gutter from his proposed special assessment.
Negotiation with Mr. Clearance, 1649 Heritage Street, took place regarding the linear
footage of 50' rather than 120' and adjusting his proposed special assessment
accordingly.
Motion by Council Member Broussard Vickers. seconded by Council Member. Lee.
to approve the adiust 1643 Herita2e Street to $6.577 and 1649 Herita2e Street to
$6.946.30. All in favor. Motion carried unanimously.
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City ofCenterville
Council Meeting Minutes
November 29, 2004
X. ADJOURNMENT
Motion by Council Member Lee. seconded bv Council Member Paar. to adiourn the
Council Meetine: of November 29. 2004 at 9:24 p.m.. All in favor. Motion carried
unanimouslv.
Transcribed by:
Teresa Bender, City Clerk
November 23,2005
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