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HomeMy WebLinkAbout2009-04-22 CC Minutes - ApprovedCITY OF CENTERVILLE CITY COUNCIL MEETING Apri122, 2009 Pursuant to due call and notice thereof, the City of Centerville held its regularly scheduled meeting on Apri122, 2009, at 6:30 p.m. PRESENT: Mayor Mary Capra ~ O Council Member Tom Lee O~ ° Council Member Ben Fehrenbacher ~ ~ ~ Council Member Jeff Paar Q ~ ABSENT: Council Member Linda Broussard Vickers STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz L CALL TO ORDER Mayor Capra called the Apri122, 2009, City Council Meeting to order at 6:30 p.m. IL CITY OF CENTERVILLE BOARD OF APPEAL & EQUALIZATION PUBLIC HEARING (Continuation) Mr. Ken Tolzmann, Anoka County Assessor Mr. Tolzmann appeared to review the three properties in question and made a report on each appeal: Abbeal of Mr. and Mrs. David Hafferman_ 7360 Peltier Circle_ 14-31-22-31-0047 Mr. Tolzmann stated that Mr. Hafferman presented him with an appraisal, dated August 14, 2008, with a value opinion of $410,000. Two of the comparable properties in the private appraisal were not qualified sales, and only qualified sales should be used in the estimation of value. There was also an issue raised by the Haffermans with respect to a problem they had this winter with frost heaving the enclosed porch. A meeting was arranged at the Haffermans on Monday, April 13, to view the property. Attending were: Mayor Capra, Mr. and Mrs. Hafferman, City Assessor Ken Tolzmann, Public Works Director Paul Palzer, and Public Works Inspector Rick Chase. In viewing the property, Mr. Palzer did not see any indication of a problem with the foundation itself. It was suggested that the Haffermans seek some landscaping expertise to adequately drain ground water/runoff away from the house. Therefore, Mr. Tolzmann determined that only a minor adjustment in the value of the Hafferman property would be in order. He recommended an adjustment from the current value of $449,300 to $445,000, for the current assessment payable in 2010. Mayor Capra stated that she had also reviewed the property at 7360 Peltier Circle and agrees with Mr. Tolzmann's recommendation. Page 1 of 11 City of Centerville City Council Meeting Apri122, 2009 Councilmember Paar stated that Mr. Tolzmann did due diligence and, therefore, he supports Mr. Tolzmann's recommendation. Motion by Council Member Lee, seconded by Council Member Paar, to accept City Assessor Tolzmann's recommended appraisal of $445,000 for 7360 Peltier Circle 14-31-22-31-0047. All in favor. Motion carried unanimously. Appeal of Mr. Mike Comstock, 1778 Dupre Road, 23-31-22-34-0024 At the last Hearing, Mr. Comstock had stated that his property was appraised at $280,000. Upon Mr. Tolzmann's review of the private appraisal, he found that one comparable property was outside Centerville and one property was sold in 2008. Mr. Tolzmann determined that his original appraisal of $304,900 is appropriate. Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to accept City Assessor Tolzmann's recommended appraisal of $304,900 for 1778 Dupre Road, 23-31-22-34-0024. All in favor. Motion carried unanimously. Appeal of Mr. Russell Lawrence, 7165 Clear Ridge, 23-31-22-21-0031 Mr. Tolzmann's original appraisal on this property was $212,400. Mr. Lawrence did not provide Mr. Tolzmann with any documentation. Based on the two comparable sales of $190,000 and $202,100 in 2008, Mr. Tolzmann determined that the original appraisal was appropriate and recommended no change. Motion by Council Member Paar, seconded by Council Member Lee, to accept City Assessor Tolzmann's recommended appraisal of $212,400 for 7165 Clear Ridge, 23- 31-22-21-0031. All in favor. Motion carried unanimously. Mr. Tolzmann stated that he will send letters to the homeowners to advise them of the Board's decisions. Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to close the Public Hearing at 6:37 p.m. All in favor. Motion carried unanimously. Mayor Capra stated that there would be a five minute break to sign papers. Mayor Capra called the Apri122, 2009, City Council Meeting back to order at 6:42 p.m. III. APPROVAL OF AGENDA Mayor Capra made the following additions/deletions to the Agenda: Consent Agenda, Item 1, added: & (Check #24315-24325) (Page 8a) Consent Agenda, added: Item 6, Tobacco License - Mainstreet Liquor Barrell (Page 24a) Old Business, added: Item 1, Public Works Director Recommendation for 2009+ Mowing Proposals -Horticulture Service, LLC, for 2009 and possibly 2010-2011 Page 2 of 11 City of Centerville City Council Meeting Apri122, 2009 New Business, Item 8, added: Page 39h Motion by Council Member Paar, seconded by Council Member Lee, to approve the Apri122, 2009, Agenda, as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF MINUTES April 8, 2009, City Council Meeting Minutes Councilmember Paar made the following change: Correct all instances of the spelling of City Assessor Tolzmann's name. Motion by Council Member Fehrenbacher, seconded by Council Member Lee, to approve the April 8, 2009, City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1 City of Centerville April 9, 2009, throu.~h April 22, 2009, Claims (Check #24282 - 24314, Ck #23803 VOIDED & (Check #243 15 - 24325 2. Centennial Fire District Claims throu.~h April 6, 2009 3. Centennial Police Department Claims throu.~h April 8, 2009 4. Request for Encroachment Agreement, Mr. & Mrs. Brian Peterson, 1668 Hunters Trail 5. Public Entity Maintenance Agreement 6. Tobacco License - Mainstreet Liauor Barrel Motion by Council Member Lee, seconded by Council Member Paar, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VL AWARDS/PRESENTATIONS/APPEARANCES None VII. OLD BUSINESS Public Works Director Recommendation for 2009+ Mowing Proposals - Horticulture Service, LLC, for 2009 and possibly 2010-2011 City Administrator Larson stated that the City Council took action on this one month ago. However, by the time the contract was drawn up, the contractor withdrew his bid. Public Works Director Palzer recommended accepting the proposal of Horticulture Service, LLC, because the numbers are very similar to what was approved previously. Councilmember Paar inquired whether Public Works Director Palzer believed the price is one that can be locked in for three years. City Administrator Larson stated that the bid has a 3% allowance for extensions of the contract for each additional year. The City would do a contract for 1 year and would then extend it if satisfied with the work. Page 3 of 11 City of Centerville City Council Meeting Apri122, 2009 Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to approve the selection of Horticulture Service, LLC, for mowing services, per the recommendation of Public Works Director Palzer. All in favor. Motion carried unanimously. VIII. NEW BUSINESS Res. #09-008 -Award Peltier Lake Drive Area Street & Utility Improvement Project (2009.01 City Engineer Statz stated that the previous street project was split into two projects. He stated that Peltier Lake Drive was the first to be rebid. The City delayed bids on the other project, but they are now ready to move forward. He asked that the City Council consider each project separately. City Administrator Larson stated that a resolution is in the packet to award to the low bidder. City Engineer Statz stated that the Forest Lake Contracting was the lowest responsible bidder. Councilmember Lee inquired whether the City has ever worked with Forest Lake Contracting. City Engineer Statz replied yes and that they have had no issues with them. Motion by Council Member Lee, seconded by Council Member Paar, to adopt Resolution Number 09-008 awarding a contract to Forest Lake Contracting in the amount of $1,534,085.11 for proiect 2009.01. All in favor. Motion carried unanimously. Change Order # 1 City Engineer Statz asked the City Council whether or not they wanted to add the Contracting Requirements of the American Recovery and Reinvestment Act (ARRA) and the Public Facilities Authority (PFA), in the amount of $8,000, so the City would remain eligible for a potential $400,000 from PFA - $100,000 grant, (Loan of $300,000). City Engineer Statz stated that he thought by now they would have an idea whether PFA would provide funding. He now feels the City is past the point where it can wait. Councilmember Lee stated that the City has been successful with obtaining grants. He stated that he would be agreeable to the change order. Councilmember Fehrenbacher inquired about the definition oflow-interest loan. City Engineer Statz replied that the low-interest loans are about 2%. He stated that, if the City takes the Grant, it will have to take the loan as well. He added that he would request to go after $100,000 for now. Page 4 of 11 City of Centerville City Council Meeting Apri122, 2009 City Administrator Larson stated that the City would have to initiate a sale of City bonds to finance the project. It would then have to roll the PFA funded portion into the bond issue. Motion by Council Member Lee, seconded by Council Member Paar, to approve Change Order #1, in the amount of $8,000, for the American Recovery and Reinvestment Act (ARRA) requirements. All in favor. Motion carried unanimously. 2. Res. #09-009 -Award 2009 Street & Utility Improvement Project (2009.02 City Engineer Statz stated that bids were taken last week. He added that, attached to the letter in the handout, was the bid tab. City Attorney Glaser stated that normally the City would award the contract to the lowest bidder, and there is usually no problem with that. He stated that, in this case, the City Council has the right to accept the low bid from Rum River Contracting, but he recommends that they not accept the Rum River Contracting bid. He stated that Rum River Contracting did not conform to the bid specifications by not submitting an alternate bid, as required. In addition, Rum River Contracting did not include with their bid, the documents required to support the alternate bid. The City Council has a right to reject their low bid because they did not follow the procedure. Forest Lake Contracting followed all the rules, and they could sue the City if it accepts Rum River Contracting's bid. City Attorney Glaser stated that he recommends rejecting the Rum River Contracting bid and accepting the Forest lake Contracting bid. Councilmember Lee stated that it pains him to pass on the low bid, but he would not want to take a chance of litigation. Councilmember Fehrenbacher inquired whether Rum River Contracting could sue the City if the City rejected their bid. City Attorney Glaser stated that Rum River would not have a chance in court, because they did not follow procedures. Councilmember Paar stated that he agreed with Councilmember Lee. He stated that it is hard to take a higher bid; however, if they did not, litigation could cost the City more. Councilmember Paar stated that he would rather stay with Forest Lake Contracting. Mayor Capra stated that the City is still saving the taxpayers a lot of money. Motion by Council Member Paar, seconded by Council Member Lee, to adopt Resolution Number 09-009, awarding a contract to Forest Lake Contracting, with the base amount of $1,337,737.25 and the alternate bid of $14,000, for the 2009 Street and Utility Improvement Proiect (2009.02). All in favor. Motion carried unanimously. Page 5 of 11 City of Centerville City Council Meeting Apri122, 2009 Res. #09-010 -Reimbursement Resolution 2009 Street Imp Projects (2009.01 & 2009.02 City Administrator Larson stated that this would be reimbursed from two sources, and it would keep those doors open. Motion by Council Member Paar, seconded by Council Member Fehrenbacher, to approve adoption of Resolution #09-010 Reimbursement Resolution for the 2009 Street Imp. Proiects (2009.01 and 2009.02). All in favor. Motion carried unanimously. 4. Res. #09-011 -Reimbursement Resolution Associated with the Downtown Draina.~e Project City Administrator Larson stated that this Resolution does the same thing as the Resolution in Item 3, but this one is associated with the downtown Storm Water Project. He stated that the City will eventually have to fund this from various sources. Motion by Council Member Lee, seconded by Council Member Paar, to approve adoption of Resolution #09-011 Reimbursement Resolution Associated with the Downtown Drainage Proiect. All in favor. Motion carried unanimously. Res. #09-012 - Reimbursement Resolution Associated with the Trail Enhancement Project (2009.03 City Administrator Larson stated that this is the same process as Items 3 and 4 Motion by Council Member Paar, seconded by Council Member Fehrenbacher, to approve adoption of Resolution #09-012 Reimbursement Resolution Associated with the Trail Enhancement Proiect. All in favor. Motion carried unanimously. 6. En in'~ eerin.~ Scope Fee Proposal for Modifications to Trail Enhancement Project City Engineer Statz stated that he submitted a letter outlining the changes and the cost for the change of design. Motion by Council Member Lee, seconded by Council Member Paar, to approve the Engineering Scope Fee Proposal for Modifications to the Trail Enhancement Proiect. All in favor. Motion carried unanimously. 7. Planning & Zoning Commission Recommendation for Approval of Subdivision - Lake Area Utilities, 6995 - 20th Avenue City Administrator Larson placed a diagram on the screen and pointed out and explained different parts of it. He stated that the owner wants to break the area into two parcels. There is a water main going through there now. City Administrator Larson stated that the Planning and Zoning Commission adopted a recommendation for approval with Page 6 of 11 City of Centerville City Council Meeting Apri122, 2009 conditions. He added that Anoka County will respond if they need an additional right-of- way, and that would be a condition of the plat approval. City Engineer Statz stated that Anoka County also has the trail plan. City Administrator Larson stated that Anoka County may ask for an additional 5 - 10 feet of right of way. Discussion ensued. City Administrator Larson stated that the trails are now part of County projects. Mayor Capra stated that she would would want to make sure that the City would be able to extend the trail. Councilmember Fehrenbacher stated that this has always been anon-paved lot and that gravel would kick up on the trail, which may cause a problem by affecting the area for roller bladders. He added that this is something they may need to look at in the future. City Administrator Larson stated that the City Council could wait until their next meeting to make their decision, so they would have enough time to first hear from the County. Mayor Capra stated that she would like to see it on a plat. She suggested that the City Council approve it, contingent on them providing the 10-foot easement. Motion by Council Member Lee, seconded by Council Member Paar, to approve the subdivision as recommended, with the condition that the City Engineer make sure the trail will line up and that they will provide additional 10-foot right of way easement. All in favor. Motion carried unanimously. 8. Planning & Zoning Commission Recommendation for Approval of Anoka Countds Reauest to Construct Visitor's Center_ 7401 Main Street City Administrator Larson showed the plan on the screen. Councilmember Fehrenbacher reported that the Planning and Zoning Commission had no concerns, but want consideration subject to making sure adequate water and sanitary service is available to the property. City Administrator Larson showed the City Council the architecture of the building. He stated that the County has met all the requirements. The only additional requirement is the water/sanitary service. Discussion ensued. Scott Yonke, Anoka County Parks, showed the location of the well and stated that it passed the required tests and has capacity to support the additional demands of the visitor center. He stated that there is an existing pump station and septic system for the RV Page 7 of 11 City of Centerville City Council Meeting Apri122, 2009 dump station. They would eventually want to connect the RV dump station and the visitor center to the municipal sewer but, in the interim, they would put in a holding tank for the visitor center. In 3-5 years, City water and sewer would be added. Councilmember Paar stated that he would like it in writing that City water and sewer would be put in within 5 years. He added that the City is asking residents to hook up to City water and sewer, and the County should also be required to do so. City Engineer Statz stated that there is only a small amount of sewage. Councilmember Paar inquired whether there was ever a problem on a busy holiday weekend for the city sewer on Mound Trail. City Engineer Statz replied that no, there would be plenty of capacity. Councilmember Fehrenbacher stated that he agreed the water and sanitary service should be installed within 5 years, and that should be in writing. Motion by Council Member Paar, seconded by Council Member Fehrenbacher, to approve a Site Plan Review for the County Visitor Center, with the agreement that the facility would be hooked up to City sewer within 5 years and to city water when it is available. All in favor. Motion carried unanimously. 9. Payment of Warranty Retainage to Mr. Dennis Shudy - $100,000 City Administrator Larson stated that the City's Real Estate Purchase Agreement with Mr. Shudy has a warranty retainage. He stated that everything appears to be fine. He added that there is also a $27,000 escrow retainer with the title company that the City will have to sign off on. Councilmember Paar stated that, if the City returns the $100,000 it still would have $27,000 in retainage. He stated that he feels confident that the remainder will be sufficient. City Administrator Larson stated that the Agreement states that Mr. Shudy will receive 5% interest. Motion by Council Member Paar, seconded by Council Member Fehrenbacher, to approve the payment of the Warranty Retainage to Mr. Dennis Shudy in the amount of $100,000 plus 5% interest. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1. City Administrator, Dallas Larson a. Finance Director Position Page 8 of 11 City of Centerville City Council Meeting Apri122, 2009 City Administrator Larson stated that the City has received thirteen applications for the Finance Director's position. He stated that Staff has reviewed and scored the applications, and identified the top candidates. As a result, the City Council may need to interview 8-9 candidates. Mayor Capra recommended that these interviews be held on a Saturday. Councilmember Paar stated that Saturday is fine, but he would need to have ample notice. Mayor Capra recommended May 9, 2009, starting at 8:00 a.m. Councilmember Paar inquired as to how much time would be needed for each candidate. Mayor Capra replied that they would need 45 minutes to 1 hour with each candidate. Mayor Capra recommended that Jim and Lisa Linn of Lynn and Associates sit in on the interviews. She stated that they saw things from a different perspective. She requested that City Administrator Larson get information on whether they are available and what they would charge. Councilmember Fehrenbacher suggested bringing in Lynn and Associates for the final three candidates. Mayor Capra stated that the Council could have the first round of interviews on May 9, 2009, and then narrow it down to three candidates. b. Stimulus Money Mayor Capra reported that the FCC is writing up rules on how the stimulus money can be used. c. Garage Sale Days/Clean Up Day It was noted that Centerville will have its 2-day Garage Sales on May 8 and 9, 2009. The Clean-Up Day, on May 9, 2009, 8:00 a.m. to 4:00 p.m., will be a opportunity for people to dispose of items that are hard to get rid of. It will be held at Laurie Lamont Park. d. Schedule Interview for P & R Candidate City Administrator Larson stated that the City has a candidate. Mayor Capra suggested interviewing the candidate 15 minutes before the first City Council Meeting in May. e. Standing Water Complaint Page 9 of 11 City of Centerville City Council Meeting Apri122, 2009 City Administrator Larson stated that the adjoining property owner had an issue with standing water behind the Chauncey Barrett Apartments. Some landscaping work completed by the County may have caused water to accumulate. The County said they met with the landowner and thought the issue was resolved. But, apparently it is not. Councilmember Lee stated that he would like Public Works Director Palzer to look at the property. Discussion ensued. f. CERT It was noted the deadline to join CERT is April 22, 2009 and training will be held on Wednesday evenings. g~ Financial Statements City Administrator Larson requested that the City Council review the Financial Statements and determine if they need more detail. Mayor Capra announced that there would be a 5-minute break prior to holding the Closed Session. Motion by Council Member Lee, seconded by Council Member Paar, to approve holding a Closed Session to Consider Property Purchase/Negotiation, Block 8, Centerville and for the Annual Review of the City Administrator. All in favor. Motion carried unanimously. The meeting was reopened to the public at 9:55 p.m. It was stated for the record that the only items discussed during the closed session were issues surrounding acquisition of property in Block 8 and the performance review of Administrator Dallas Larson. X. Action on Items Discussed During Closed Session. Motion made by Council member Lee to approve the performance review of Administrator Larson and that the Council grant 40 hours of additional PTO time for 2009, in recognition of outstanding performance and extra meetings required during the past year. Motion seconded by Council member Fehrenbacher, all present voted in favor. The motion passed. The Council discussed the feasibility of bringing John Meyer back on a temporary basis to assist with figuring out how to proceed on the Downtown Redevelopment Project given the complexities of the various grants and tax increment requirements. Consensus was that it would be wise to do so. Motion by Council member Lee that the Administrator be authorized to temporarily engage the services of John Meyer subject to the following conditions: Page 10 of 11 City of Centerville City Council Meeting Apri122, 2009 1) Mr. Meyer may be employed up to two days per week (16 hours) at his last hourly rate, with no fringe benefits. 2) Mr. Meyer would provide a doctor's statement indicating that he is released to work in Centerville for up to two days per week. 3) Mr. Meyer visit with Council member Fehrenbacher to resolve his concerns. The motion was seconded by Council member Paar, all voted in favor. Motion passed (4-0). XL ADJOURNMENT Motion by Council Member Paar, seconded by Council Member Fehrenbacher, to adiourn the April 22, 2009, City Council Meeting at 9:55 p.m. All in favor. Motion carried unanimously. Mayor Capra adjourned the Apri122, 2009, City Council Meeting at 9:55 p.m. Transcribed by: Bonita Kaska, Recording Secretary Timesaver Off Site Secretarial, Inc Page 11 of 11