HomeMy WebLinkAbout2009-06-10 CC - Approved
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:
Mayor Mary Capra
Council Member Tom Lee
Council Member Ben Fehrenbacher
Council Member Jeff Paar
Council Member Linda Broussard Vickers
STAFF:
City Administrator Dallas Larson
City Attorney Kurt Glaser
City Engineer Mark Statz
I. CALL TO ORDER
Mayor Capra called the June 10, 2009, City Council Meeting to order at 6:34 p.m.
II. PUBLIC HEARING
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1. 21 Avenue/Backage Road Improvement Assessments – Continued from Previous
Meeting
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:
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? Improved 21 Avenue
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? Extended street (backage road) from County Road 54 to connect with 21 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
easements from Sheehy property.
? Watermain Looping
Mayor Capra inquired as to what is available for buildout for Sheehy.
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City Engineer Statz replied that about 90% 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 determined 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.
1.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
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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.
Councilmember 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 by Councilmember Broussard Vickers, seconded by Councilmember Paar, to
close the Public Hearing. All in favor. Motion carried unanimously.
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
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20 Avenue South, and:
a.Upon relinquishment of Mr. Walmar’s 2009 licenses or revocation of the same for this
location. Approval of Mr. 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 by Council Member Lee, seconded by Council Member Paar, to approve the
June 10, 2009, City Council Meeting Agenda as amended. All in favor. Motion
carried unanimously.
IV. APPROVAL OF MINUTES
1. May 27, 2009, Council Meeting Minutes
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City Council Meeting
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Mayor Capra made the following changes to the Minutes:
On Page 4 of 11, 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 by Council Member Lee, seconded by Council Member Broussard Vickers, to
approve the May 27 City Council Meeting Minutes as amended. All in favor. Motion
carried unanimously.
V. CONSENT AGENDA
1.City of Centerville 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 by Council Member Broussard Vickers, seconded by Council Member Paar,
to approve the Consent Agenda as presented. All in favor. Motion carried
unanimously.
VI. AWARDS/PRESENTATIONS/APPEARANCES
1.Mr. Steve McDonald, ABDO, Eick & Meyers – 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 by Council Member Fehrenbacher, seconded by Council Member Lee, to
accept the 2008 Audit by ABDO, Eick & Meyers. All in favor. Motion carried
unanimously.
2.Mr. Greg Kieselhort, Centerville Lions Request 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 11:00 p.m. on Friday, 8/7 and at
11:30 p.m. on Saturday, 8/8.
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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 by Councilmember Lee, seconded by Councilmember Fehrenbacher, to
approve the Permit Applications for Noise, On-Sale Liquor and Fireworks, as
amended, subject to the final review of the Police Department, and subject to the City
Administrator receiving the Liquor Liability Insurance Renewal. All in favor.
Motion carried unanimously.
VII.OLD BUSINESS
1.Parking Restrictions – Mill Road (During 2009 Street Project) – 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.
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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 by Councilmember Lee, seconded by Councilmember Paar, to approve the
expenditure of $700 for No Parking signs for the east side of Mill Road, until the City
Council decides they should be removed, with the final review by the end of 2010. All
in favor. Motion carried unanimously.
VIII. NEW BUSINESS
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1.Res. #09-015 – Adopting the Assessment Roll for the 21 Avenue/Backage Road
Improvements
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 by Council Member Broussard Vickers, seconded by Council Member Paar,
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to approve Res. #09-015 – Adopting the Assessment Roll for the 21 Avenue/Backage
Road Improvements, (setting the Sheehy assessment at $379,000, taking into account
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a partial credit for the previous assessment). All in favor. Motion carried
unanimously.
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
p.m.)
Per Item 2 in Awards/Presentations/Appearances, times were changed to: 8/7 – 8
a.m. – 11:30 p.m., 8/8 – 8 a.m. – midnight.
b.Temporary/Event On-Sale Liquor 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 p.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/alternative date 8/8)
d.Raffle – Previously Approved (March 31, 2009)
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3.Ground Development Request to Waive Letter of Credit – Pheasant Marsh, 3
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.
Councilmember 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.
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Motion by Council Member Broussard Vickers, seconded by Council Member Paar,
to table the Ground Development Request to Waive Letter of Credit – Pheasant
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Marsh, 3 Addition. All in favor. Motion carried unanimously.
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 information 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.
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Jedediah Marek, 7093 20 Avenue South
a.Upon relinquishment of Mr. Walmar’s 2009 licenses or revocation of the
same for this location. Approval of Mr. 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.
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. If the 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 by Council Member Broussard Vickers, seconded by Council Member Paar,
to approve Off-Sale Liquor and Tobacco License for New Liquor Establishment –
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Mr. Jedediah Marek, 7093 20 Avenue South, upon the condition that any previous
liquor license is turned into the City for cancellation, and upon the condition that the
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City receives required insurance coverage for that location. All in favor. Motion
carried unanimously.
IX.ANNOUNCEMENTS/UPDATES
1.City Administrator, Dallas Larson
a.Cable Equipment 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 Application
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 an ordinance
in place that addresses citizens’ requirements regarding the removal of 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
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City Administrator Larson passed out a letter regarding the new Finance Director,
Mr. Michael Jeziorski, and reviewed it with the Councilmembers.
Motion by Council Member Broussard Vickers, seconded by 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 unanimously
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2.CERT – Mayor 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 tentative 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.
ADJOURNMENT
X.
Motion by Council Member Paar, seconded by Council Member Boussard Vickers, to
adjourn the June 10, 2009, City Council Meeting. All in favor. Motion carried
unanimously.
Mayor Capra adjourned the June 10, 2009, City Council Meeting at 9:15 p.m.
Transcribed by:
Bonita Kaska, Recording Secretary
TimeSaver Off Site Secretarial, Inc
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