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HomeMy WebLinkAbout2009-06-24 Handouts at Meeting RESOLUTION 09-01_ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE A RESOLUTION APPOINTING ACTING MAYOR & ORDER OF SUCCESSION WHEREAS, pursuant to Minnesota Statue Section 412.212, and powers otherwise allowed by law, the Council did meet and confer during a regular meeting to choose an acting mayor to serve during the disability or absence of Mayor Capra from the City. WHEREAS, pursuant to City of Centerville, Resolution 09-001, the Council did appoint an acting mayor. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA, 1. The individual members of the City Council, named below, are hereby appointed to serve as acting mayor during the disability or absence from the City of the mayor or another acting mayor. 2. The individual members of the City Council shall serve as acting mayor in the order of succession set forth below, beginning with the first acting mayor. 3. Once an acting mayor enters office they shall serve as acting mayor until such time as any of the following events occur: a. Any disability or absence of Mayor Capra is resolved, then Mayor Capra shall reasSUll1e her duties; b. Said acting mayor becomes disabled or is absent from the City, then the office of acting mayor shall vest with the highest level acting mayor available at that time; or c. The vacant office of mayor is filled in the manner set forth by Minnesota Statute Section 412.02. 4. The order of succession to serve as acting mayor is as follows: a. Jeff Parr, first acting mayor b. Tom Lee, second acting mayor c. Linda Broussard-Vickers, third acting mayor d. Ben Fehrenbacher, fourth acting mayor 5. This Resolution amends the appointment of an acting mayor as previously set forth in City of Centerville, Resolution 09-001. 6. 'Ibis Resolution shall be effective immediately upon approval by vote of the City Council. Adopted by the Council this 24th day of June, 2009. Mary Capra, Mayor Attest: Teresa Bender, City Clerk . CITY OF CENTERVILLE CITY COUNCIL MEETING June 10, 2009 Pursuant to due call and notice thereof, the City of Centerville held its regularly scheduled meeting on June 10, 2009, at City Hall, 1880 Main Street. PRESENT: STAFF: Mayor Mary Capra Council Member Tom Lee Council Member Ben Fehrenbacher dl Council Member JeffPaar ~@nn@(9J Council Member Linda Broussard Vickers 000 a i?JfJJ[fJu 10 '1/1 City Administrator Dallas Larson W@ City Attorney Kurt Glaser City Engineer Mark Statz t. CALL TO ORDER Mayor Capra called the June 10,2009, City Council Meeting to order at 6:34 p.m. II. PUBLIC HEARING I. 21" A venue/Backal!e Road Improvement Assessments - Continued from Previous Meetinl! City Administrator Larson stated that the City made notice of the Public Hearing to the property owners. He stated that he and City Engineer Statz would make presentations, after which Mayor Capra would open the Public Hearing. City Engineer Statz showed a slide of the area and briefly described the improvements. He stated that the City acquired this piece of property to build the Backage Road. Because of the flood area, that part of the Sheehy property had to be condemned. Some project improvements have been: . Improved 21 51 Avenue " Extended street (baekage road) from County Road 54 to connect with 2] Avenue Extended sewer to the east far enough to have a stub to go to the Sheehy property Constructed 2 storm ponds and other drainage features to allow 90% impervious on city lands as well as Sheehy property. Some wetland filling due to road construction Mitigated wetlands in lower area Added non-wetlands to Sheehy parcel and removed drainage and ponding casements from Sheehy property. . . . . . . Mayor Capra inquired as to what is available for buildout for Sheehy. Page I of 10 ~ City of Centerville City Council Meeting June 10, 2009 City Engineer Statz replied that about 90% of of the land can be covered with impervious surface. City Administrator Larson showed a slide with calculations of the special assessment, with all the requirements that were included and deducting the site-related costs and the cost from Lino Lakes. After the inclusions and deductions, he showed a total of: $1,488,953, which was broken into four assessment items: drainage, water main, sanitary sewer and paving. The fIrst three are based on acreage and the fourth is based on the street frontage. He added that, because of these factors, the amount assessed to Sheehy was calculated at $466,000. The city had a appraisal done on the property to determine the increase in value resulting from the improvement. The appraisal increase was detemined to be $400,000, which is the amount used as the proposed assessment for the Sheehy property. City Attorney Glaser stated that he had reviewed all the numbers with City Engineer Statz and City Administrator Larson, and conducted due diligence. He had also hired a professional appraiser. He stated there was one exception; a previous assessment to the property in approximately 1990. At that time, the entire parcel was owned by Sheehy, and they sold three-fourths to Lloyd Drilling. Later, the City purchased the Lloyd Drilling's portion. The total assessment was $82,000. He suggested that the Council be conservative and credit Sheehy approximately one-fourth, or $20,500, which was paid on the old assessment. This would make Sheehy's assessment approximately $380,000. Mayor Capra opened the Public Hearing at 6:42 p.m. Patrick Lee-O'Halloran, Sheehy's attorney, stated that Sheehy's objection is two-fold. I. According to the Minnesota Supreme Court and the statutes, all you can assess is an increase in the property value from the improvements. $316,000 is the entire property value according to the County Assessor. 2. All benefIting properties should be assessed. In this case, no other property owners who benefIted have been assessed. Mr. Lee-O'Halloran stated that when Sheehy owned the entire parcel, they were assessed and paid for the assessment. Therefore, they already paid for the same improvements and do not have to pay for them twice. He continued that the east side of property borders Lino Lakes, and Lino Lakes benefIted as much as Sheehy. The total amount received from Lino Lakes was $150,000 for the same amount of frontage. Once again, Mr. Lee-O'Halloran stated that Sheehy's past assessment was for the entire property. Mr. Lee-O'Halloran continued to compare assessments on other lots in the City and announced that Sheehy's Vice President, Jim Schoenberger, and Project Manager, Blair Juliar, were also present for this Public Hearing. City Attorney Glaser stated that he respectfully disagreed. He stated that appraisers have to look at comparable lots - not just other lots in the City. He added that a corner lot is more expensive to improve. City Attorney Glaser stated that the earlier assessment numbers did not take into consideration the additional work that would need to be done to fully serve the property, that assessment was for water and sewer only and was constructed along 20th. This improvement includes additional water and sewer extensions as well as Page 2 of 10 L . City of Centerville City Council Meeting June 10. 2009 drainage improvements and street construction. He added that condemnation estimates are not relevant, those are values prior to the improvement. City Engineer Statz stated that when Sheehy sold part of the property, their benefits went with that property. Discussion ensued. Mr. Lee-O'Halloran stated that only a small section of their property needed improvement. Sheehy would like Centerville to consider the $154,000 as the real offer for the assessment, which they believe is more than fair. Councihnember Paar stated that he would like to hear more of City Attorney Glaser's response. There being no further testimony, Mayor Capra entertained a motion to close the Public Hearing. Motion bv Councilmember Broussard Vickers. seconded bv Councilmember Paar. to close the Public Hearinl!. All in favor. Motion carried unanimouslv. Mayor Capra closed the Public Hearing at 7:20 p.m. III. APPROVAL OF AGENDA Mayor Capra made the following additions/changes to the Agenda: V. Consent Agenda, Item 1, added: Check # 24439-24462 V. Consent Agenda, added: Item 4 - Acceptance of Parks & Recreation Committee Member, Ms. Savannah Lee's, resignation. VIII. New Business, added: Item 5. Off Sale Liquor License and Tobacco License -7093 20th Avenue South, and: a. Upon relinquishment of Mr. Walmar's 2009 licenses or revocation of the same for this location. Approval ofMr. Marek application for Off-Sale Liquor and Tobacco licenses for the same location. b. Upon Mr. Sager's withdrawal of his previously approved Off-Sale Liquor and Tobacco licenses for this location, due to the sale of this property. Motion bv Council Member Lee. seconded bv Couneil Member Paar. to annrove the June 10. 2009. City Council MeeOOl! Al!enda as amended. AU in favor. Motion carried unanimously. IV. APPROVAL OF MINUTES 1. Mav 27. 2009. Council Meetinl! Minutes Page 3 of 10 . City of Centerville City Council Meeting June 10, 2009 Mayor Capra made the following changes to the Minutes: On Page 4 of II, the phrase in the second paragraph above the motion should read, "... this may have an economic and tax. . ." On Page 10 of 11, c. Indian Burial Mound, the last sentence should be changed to read, "He added that one possible option is that this could be an attractive trail rest stop with an informational marker." Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers. to approve the Mav 27 City Council Meetin!! Minutes as amended. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1. City ofCenterville May 28, 2009, through June 10,2009, Claims (Check #24421- 24438) & (Check #24439 - 24462) 2. Centennial Lakes Police Department Claims through May 27, 2009 3. Centennial Fire District Claims through June 1,2009 4. Acceptance of Parks & Recreation Committee Member, Ms. Savannah Lee's, resignation. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar. to approve the Consent A!!enda as presented. All in favor. Motion carried unanimously. VI. A W ARDSIPRESENT A TIONS/APPEARANCES I. Mr. Steve McDonald. ABDO. Eick & Mevers - 2008 Audit Presentation Steve McDonald, ABDO, Eick & Meyers, provided City Council Members with a bound copy of the 2008 Audit and presented some of the highlights of the Audit. Councilmember Paar suggested that Mr. McDonald meet with Centerville's new Finance Director, Mr. Michael Jeziorski. Motion bv Council Member Fehrenbacher. seconded bv Council Member Lee. to accept the 2008 Audit bv ABDO. Eick & Mevers. All in favor. Motion carried unanimously. 2. Mr. Gre!! Kieselhort. Centerville Lions Reauest for Permits Associated with 2009 Fete des Lacs City Administrator Larson stated that some of the times shown on the Agenda were incorrect, according to the Permit Application. The correct times should be: Noise - Band will play from 8 p.m. until 11:30 p.m. on Friday, 8/7, and from 8 p.m. until midnight on Saturday, 8/8 . On-Sale Liquor - Liquor sales will close down at II :00 p.m. on Friday, 8/7 and at II :30 p.m. on Saturday, 8/8. Page 4 of 10 l . City of Centerville City Council Meeting June 10, 2009 City Administrator Larson stated that there will be two beer concession trailers: one at the softball fields, and one at the hockey rink. Discussion ensued. Councilmember Fehrenbacher stated that fees will be waived for being non-profit. The cost for the City and the Police will be a few hundred dollars. Mayor Capra thanked Mr. Kieselhort and the Centerville Lions for all work they do. Mr. Kieselhort stated that one Lion member pulled a solicitation permit. He inquired whether this should be done for each member or one for the club. City Attorney Glaser replied that the club should pull the solicitation permit; however, each member should be listed on the permit and each member needs to carry the proper identification. City Administrator Larson stated that the solicitation is subject to them responding to the police requirements. Motion bv Conncilmember Lee. seconded bv Councilmember Fehrenbacher. to aDDrove the Permit ADDlications for Noise. On-Sale Liauor and Fireworks. as amended. sublect to the final review of the Police Denartment. and sublect to the City Administrator receivin!! the Liauor Liabilitv Insurance Renewal. All in favor. Motion carried unanimouslv. VII. OLD BUSINESS 1. Parkin!! Restrictions - Mill Road (Durin!! 2009 Street Proiect) - Continued from Previous Meeting City Administrator Larson stated that, according to Public Works Director Palzer, the cost for seven No Parking signs would be $100 each, for a total of$700. Mayor Capra stated her recommendation is that this is not a temporary decision. Councilmember Broussard Vickers stated that she does not believe they are ready to decide on this permanently at this time. She recommends making a final decision after construction is completed. Councilmember Paar stated that the City will need No Parking signs in other places, so they should make sure the signs can be reused. Councilmember Lee reported that he has been watching the area to see how busy it is. He stated that it is not as safe during construction, and he is in favor of the No Parking signs. Page 5 of 10 . City of Centerville City Council Meeting June 10, 2009 Councilmember Fehrenbacher stated that he is willing to commit to temporarily doing the signs. He added that this could be readdressed at the end of next year. He believes the signs should be on the side of the road where the trail will be. Councilmember Lee stated that the Police Department needs to be made aware of these signs. Motion bv Councilmember Lee. seconded bv Councilmember Paar. to approve the expenditure of $700 for No Parkinl! sil!ns for the east side of Mill Road. until the City Council decides they should be removed. with the final review bv the end of 2010. All in favor. Motion carried unanimouslv. VIII. NEW BUSINESS I. Res. #09-015 - AdoDting the Assessment Roll for the 21 st A venuelBackage Road ImDrovements Councilmember Paar requested that City Attorney Glaser respond to the comments made by Sheehy's attorney, Mr. Lee-O'Halloran. Councilmember Lee stated that he is in agreement with the City Staff about the expected increase in value. Councilmember Fehrenbacher stated that he agrees with staff recommendation on the $400,000 number. City Attorney Glaser stated that when a party appeals an assessment to the District Court, the Court does not decide what the number will be. If it believes the City's number is wrong, it will be sent back to the City. He noted that litigation could cost approximately $20,000. Councilmember Fehrenbacher inquired as to how they came up with the $20,500 number for the partial credit. Discussion ensued Councilmember Broussard Vickers stated that the prior assessment was realized in appreciation when the partial was sold. She stated that she supports the findings of the appraiser, City Administrator Larson, City Engineer Statz, and City Attorney Glaser. Mayor Capra stated that she disagrees with the $154,000 number proposed by Sheehy. She stated that she would agree to decrease the proposed assessment amount by the $20,500 credit for the earlier assessment. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar. to approve Res. #09-015 - Adoptinl! the Assessment Roll for the 21" AvenuelBackal!e Road Improvements. (settinl! the Sheehy assessment at $379.000. takinl! into account Page 6 of 10 a nartial credit for the nrevious assessment). unanimouslv. City of Centerville City Council Meeting June 10, 2009 All in favor. Motion carried 2. Centerville Lion's Fete des Lacs Permits & Waiving of Fees - August 7. 8 & 9. 2009 a. Noise (8/7 - 8 a.m. - midnight. 8/8 - 8 a.m. - 1 a.m. and 8/9 - 8 a.m. - 6 I!J!1.l Per Item 2 in A wards/Presentationsl Appearances, times were changed to: 8/7 - 8 a.m. - 11 :30 p.m., 8/8 - 8 a.m. - midnight. b. Temporarv/Event On-Sale Liauor License (8/7 - 10 a.m. - 11 :30 p.m.. 8/8 - 10 a.m. - 12:30 a.m. and 8/9 - 10 a.m. - 6 n.m.) Per Item 2 in Awards/Presentations/Appearances, times were changed to: 8/7 - 8 a.m. - 11 :00 p.m., 8/8 - 8 a.m. - 11 :30 p.m. c. Fireworks (8/7 - dusk w/altemative date 8/8) d. Raffle - Previouslv Approved (March 31. 2009) 3. Ground Development Reauest to Waive Letter of Credit - Pheasant Marsh. 3m Addition City Administrator Larson reported that Pheasant Marsh got an extension on their Letter of Credit. There is still an issue whether the Letter of Credit can be reduced or eliminated. He stated that there is an on-going issue on certain items. The Letter of Credit could possibly be reduced. Councihnember Lee inquired about the on-going issues. City Engineer Statz stated that some of the issues were snow plowing, sidewalk maintenance, and mowing. Councilmember Lee inquired whether there had there been issues in the past. City Administrator Larson stated that they sometimes did not do the sidewalk cleaning and, on three occasions, the City had to do the work and bill them. Councilmember Broussard Vickers stated that she would be willing to support reducing the Letter of Credit. City Attorney Glaser stated that one condition of reducing it could be that their taxes are paid on time. Discussion ensued. Mayor Capra requested that Pheasant Marsh's representative, and City Attorney Glaser discuss this further outside the Council Chambers. When City Attorney Glaser returned to the City Council meeting, he recommended that this item be tabled. Page 7 of 10 . City of Centerville City Council Meeting June 10, 2009 Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar. to table the Ground Develooment Request to Waive Letter of Credit - Pheasant Marsh. 3'd Addition. All in favor. Motion carried unanimouslv. 4. Res. #09-0XX - Authorizing Condemnation of Easement for Trail City Administrator Larson reported that there are twelve locations where easements are needed. He stated that offers went to the property owners more than 30 days ago, and the City has only received one response. He added that the City still has three other locations that may need easements. He stated that when those three other locations are identified, all will be acted on at that time. Councilmember Broussard Vickers stated that she would like to know the locations and value of each easement. City Administrator Larson replied that the easements are about $1,500 each, He stated that he and City Engineer Statz would provide additional infonnation to the City Council. Mayor Capra inquired about Brian Drive. She stated those property owners are still under the assumption that the easement is going behind their houses. She requested that these property owners be advised that the easement will be on the side by the road. City Administrator Larson stated that the property owners involved would be notified. Discussion ensued. Mayor Capra stated that this item would be deferred until a later date. 5. Off-Sale Liquor License and Tobacco License for New Liquor Establishment - Mr. Jedediah Marek. 7093 20th Avenue South a. Upon relinquishment of Mr. Walmar's 2009 licenses or revocation of the same for this location. Approval ofMr. Marek application for Off-Sale Liquor and Tobacco licenses for the same location. b. Upon Mr. Sager's withdrawal of his previouslv aooroved Off-Sale Liquor and Tobacco licenses for this location. due to the sale of this property. City Administrator Larson stated that the previous owner's licenses have to be turned into the City before new licenses can be issued. If they are not turned in, the previous license may need to be revoked, lfthe insurance expires on that license, it can be revoked. City Attorney Glaser suggested Mr. Marek call the City if he has problems with the previous owner not turning in the license. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar. to aPDrove Off-Sale Liquor and Tobacco License for New Liquor Establishment - Mr. Jedediah Marek. 7093 20th Avenue South. UDon the condition that anv Drevious liquor license is turned into the City for cancellation. and UDon the condition that the Page 8 of 10 City ofCenterville City Council Meeting June 10, 2009 Citv receives reauired insurance coveral!e for that location. All in favor. Motion carried unanimouslv. IX. ANNOUNCEMENTSIUPDATES I. City Administrator. Dallas Larson a. Cable Eauioment Needs City Administrator Larson stated that the Grant can only be used for cable-related costs. He stated that the City would like to upgrade to a DVD recorder and replace an old laptop to one with better graphic ability. He stated that he would present the cost figures for these to the City Council. Discussion ensued. b. Grant Aoolication City Administrator Larson reported that Anoka County Parks has decided they are not interested in participating in a grant application for preserving the Indian Burial Mound. They said they would support it, but they would not take the lead on it. Therefore, Centerville will have to back away from this for this grant cycle. City Attorney Glaser stated that it would be better to put this on a side tract until the County comes around. It was noted that some problems arose when Shakopee tried to do something similar. c. Ash Borer Problem City Administrator Larson reported that the Emerald Ash Borer problem will probably get to Centerville. He stated that there are approximately 2,000 Ash trees in Centerville, and there is little anyone can do about the Ash Borer. He stated that, if the Ash Borer gets within 15 miles of Centerville, people with high-value ash trees may wish to treat their trees. Councilmember Broussard Vickers inquired whether Centerville has a plan in place to remove diseased trees. City Attorney Glaser replied that yes, the city Code covers this issue. Mayor Capra inquired whether a link regarding this could be placed on the City's website. City Administrator Larson stated there may already be a link and he would check. Discussion ensued. d. New Finance Director. Mr. Michael Jeziorski Page 9 of 10 City of Centerville City Council Meeting June 10, 2009 City Administrator Larson passed out a letter regarding the new Finance Director, Mr. Michael Jeziorski, and reviewed it with the Councilmembers. Motion bv Council Member Broussard Vickers. seconded bv Council Member Fehrenbacher. to approve the amended offer to the new Finance Director. Mr. Michael Jeziorski. as presented in the letter from City Administrator Larson. All in favor. Motion carried unanimouslv. 2. CER T - Mavor Capra Mayor Capra reported that CERT has 12 new certified volunteers. Ms. Michelle Lakso will work with Public Works to show them how they can utilize these CERT volunteers. 3. 8K Run and Parade Councilmember Lee stated that he met with Administrative Sergeant Russ Blanck regarding the police needs for the 8K run and parade. He stated that they may need a few overtime hours for the Police Department. Councilmember Lee stated that they have 50 volunteers and are expecting 2,000 runners/supporters for the event. He added that he also talked to Ms. Lakso regarding help from CERT members. X. ADJOURNMENT Motion bv Council Member Paar. seconded bv Council Member Boussard Vickers. to adiourn the June 10. 2009. City Council Meetinl!. All in favor. Motion carried unanimouslv. Mayor Capra adjourned the June 10,2009, City Council Meeting at 9:15 p.rn. Transcribed by: Bonita Kaska, Recording Secretary TimeSaver Off Site Secretarial, Inc Page 10 of 10 ! I L 6:~= CITY OF CENTERVILLE 06/24/09 12: 14 PM Page 1 .Check Summary Register@ Name 10100 MAIN STREET BANK Paid Chk# 024481 AVLlC Paid Chk# 024482 BURMEISTER, GREG Paid Chk# 024483 CALIFORNIA CONTRACTORS Paid Chk# 024484 COMCAST Paid Chk# 024485 FOREST LAKE CONTRACTI NG Paid Chk# 024486 HD SUPPLY WATERWORKS Paid Chk# 024487 HEALTH PARTNERS Paid Chk# 024488 KILLMER ELECTRIC Paid Chk# 024489 LINCOLN MUTUAL LIFE & Paid Chk# 024490 MCPHERSON, JOEL Paid Chk# 024491 MENARDS - FOREST LAKE Paid Chk# 024492 NATIONWIDE RETIREMENT Paid Chk# 024493 PALZER, PAUL Paid Chk# 024494 QWEST Paid Chk# 024495 SPRINT Paid Chk# 024496 SWEENEY, KRiS Paid Chk# 024497 TIME SAVER Paid Chk# 024498 US BANK' Paid Chk# 024499 XCEL ENERGY Paid Chk# Bi-WEEKL Y ACH Paid Chk# BI-WEEKL Y ACH Ck# 24456 Voided - Platinum Builders, Inc. JUNE 2009 UPDATE Check Dale 6/24/2009 6/24/2009 6/24/2009 6124/2009 6/24/2009 6/24/2009 6/24/2009 6/24/2009 6124/2009 6/24/2009 6/24/2009 6/24/2009 6124/2009 6124/2009 6124/2009 6124/2009 6/24/2009 6124/2009 6/24/2009 6/11/2009 6125/2009 Tolal Checks Check AmI $25.00 DEFCOMPW/H FOR PAY PERIOD 13 $117.48 MILEAGE REIMBURSEMENTS FOR 6-8 $214.68 SAflEY GLASSES & GLOVES $66.56 INTERNET & CABLE FOR PW. $360,740.17 PELTIER LKE DR & UT IMPR. - RE $62.77 3/4" WATER METER PARTS $3, 797.92 JULY 2009 HEALTH INSURANCE $655.22 STREET LIGHT REPAIR $184.48 LIFE INSURANCE FOR JULY 2009 $93.50 MILEAGE REIMBURSEMENT FOR 6-9- $23.24 ULTRA EXT SEMI DR RU - LAMOTTE $686.31 DEF COMP W/H FOR PAY PERIOD 13 $140.08 MILEAGE REIMBURSEMENT FROM 6-8 $422.63 651-429-4750 PHONE SERV THRU 7 $248.25 CELL PHONE SERV THRU 6-14-09 $31.90 MILEAGE REIMBURSEMENT FROM MAY $216.35 5-27-09 COUNCIL MEETING $568.37 FLOWERS & PLANTS FOR PARKS $2,551.19 7285 MAIN ST - SERVTHRU 6-8-0 $19,472.10 Pay Period 12 $18,039.30 Pay Period 13 $408,337.50