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HomeMy WebLinkAbout2005-09-14 CC CITY OF CENTERVILLE CITY COUNCIL MEETING SEPTEMBER 14, 2005 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on September 14, 2005, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Lee Council Member Lakso Council Member Paar Council Member Richard Terway ABSENT: None. STAFF: City Attorney Mr. Hoeft City Engineer Mr. Peterson City Administrator Mr. Larson I. CALL TO ORDER Mayor Capra called the September 14, 2005, City Council meeting to order at 6:30 p.m. II. SET AGENDA The following items were added to the Agenda: Consent Agenda: Pay Request #7 Northdale Construction $28,814.12 Hunter’s Crossing nd 2 Addition. Remove Public Hearing from Agenda. New Business: Resolution #05-043 Assigning Duties Regarding Banking Old Business: Draft Purchase Agreement 1601 LaMotte Drive; Development Agreement rd Issues Pheasant Marsh 3 Addition; Pay Request 10 Dresel Contracting $11,687.50; Pay Request #4 American Tank $3,674.86 Announcements: National Recycling Congress Add an Executive Session to discuss pending litigation with Royal Oaks Realty. Add Parking Ticket Request from Resident to Announcements. City of Centerville Council Meeting Minutes September 14, 2005 Motion by Council Member Lakso, seconded by Council Member Paar to approve the Agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.August 24, 2005 City Council Meeting Minutes Motion by Council Member Lee, seconded by Council Member Terway to approve the August 24, 2005 City Council Meeting Minutes as presented. All in favor. Motion carried. 2. August 24, 2005; June 8, 2005; June 22, 2005; July 27, 2005; September 7, 2005 City Council Work Session Meeting Minutes Motion by Council Member Terway, seconded by Council Member Lee to approve the August 24, 2005; June 8, 2005; June 22, 2005; July 27, 2005; September 7, 2005 City Council Work Session Meeting Minutes as presented. All in favor. Motion carried. IV. CONSENT AGENDA 1.City of Centerville August 25, 2005 through September 14, 2005 Claims 2.Centennial Fire District through September 6, 2005 Claims 3.Centennial Lakes Police Department Claims through September 6, 2005 4.Parks & Recreation Committee Recommendation for Centennial Youth Hockey Association Request for Use of the Hockey Rink for the 2005-2006 Season 5.Parks & Recreation Committee Recommendation to Accept Mr. Wayne LeBlanc’s Resignation from the Committee 6.Parks & Recreation Committee Approval of the Proposed 2006 Parks & Recreation Portion of the Proposed 2006 Budget nd 7.Pay Request #7 Northdale Construction $28,814.12 Hunter’s Crossing 2 Addition Mayor Capra requested that Item 5 be removed for discussion. Motion by Council Member Lee, seconded by Council Member Terway, to approve Consent Agenda Items 1 – 4 and 6 and 7 as presented. All in favor. Motion carried unanimously. Mayor Capra thanked Mr. LeBlanc for his years of service to the City and reluctantly asked for a motion to accept his resignation. Motion by Council Member Lee, seconded by Council Member Lakso to approve Consent Agenda Item 5 as presented. All in favor. Motion carried unanimously. Page 2 of 10 City of Centerville Council Meeting Minutes September 14, 2005 V. AWARDS/PRESENTATIONS/APPEARANCES 1. Mr. Tom Wilharber – Final Accounting of Fete des Lacs 2005 Mr. Wilharber was not present for this matter. VI. PUBLIC HEARINGS None. VII. NEW BUSINESS 1.Resolution #05-042 – Approving the Proposed 2006 Budget & Tax Levy Mr. Meyer reviewed the proposed budget with Council noting this is twice the decrease from last year. Mayor Capra noted the City continues to see reductions in the tax levy. Motion by Council Member Lakso, seconded by Council Member Terway to approve Resolution #05-042 as presented. All in favor. Motion carried unanimously. 2. Authorize Rice Creek Watershed District & Corps of Engineers Permit for thst Backage Road 20/21 Avenue City Administrator Larson indicated this would be the next step in moving forward with the potential backage road. Motion by Council Member Lee, seconded by Council Member Terway to authorize Rice Creek Watershed District & Corps of Engineers Permit for Backage Road thst 20/21 Avenue. All in favor. Motion carried unanimously. 3. Possible Reschedule of November 23, 2005 Regularly Scheduled Meeting to November 30, 2005 at 7:00 p.m. City Administrator Larson indicated that November 23, 2005 is the day before Thanksgiving and, since Staff has scheduled the truth-in-taxation hearing for November 30, 2005, it may make sense to hold the regular meeting that date as well. Motion by Council Member Terway, seconded by Council Member Lakso to reschedule the November 23, 2005 regular meeting to November 30, 2005 at 7:00 p.m. All in favor. Motion carried unanimously. Page 3 of 10 City of Centerville Council Meeting Minutes September 14, 2005 4. Resolution #04-043 – Assigning Duties as They Relate to Handling Banking Transactions for the City of Centerville City Administrator Larson explained that the Resolution would authorize the Finance Director to move money around to different accounts within Main Street bank for investment purposes but not allow money to be moved outside of the bank. Motion by Council Member Lee, seconded by Council Member Terway to approve Resolution #04-043 as presented. All in favor. Motion carried unanimously. VIII. OLD BUSINESS 1. Review Draft of Memorandum of Understanding on CSAH 14 City Administrator Larson and Council discussed the County’s response to the draft MOU and Council agreed Members are not ready to sign at this time. Mayor Capra indicated that she does not agree that the City should pay more due to increased costs through the County park. 2. Dock/Bridges – Drainage Utility Easements Bob Dolfay of 1937 Eagle Trail indicated they have a bridge extending over an easement and asked Council to consider allowing them to keep it there as that is the only access to the back of his property for maintenance. City Attorney Hoeft provided an overview for Council on the liability issue and said he feels the bridge is different as it does not provide access to the water but to go over and provide access to the back piece of property so it is not as much of a concern as the docks would be. He then said that the City’s policy and, possibly, the Ordinance would need to be changed to allow the bridge to remain as it is currently the policy that no structures are allowed in easements. Mayor Capra asked that the building official work on this Ordinance. City Attorney Hoeft requested that the property owner be required to obtain insurance coverage naming the City as an additional insured. Council Member Paar indicated that he did some research and does not think that docks and bridges would be covered under a normal home owner’s umbrella policy. Council agreed to consider allowing bridges provided that there are standards established and that insurance naming the City as an additional insured is provided. City Attorney Hoeft indicated he would discourage allowing decorative bridges in easements but allow functional bridges that aid in maintenance. He then noted that the Page 4 of 10 City of Centerville Council Meeting Minutes September 14, 2005 signage requirements recommended by the League would be similar with docks and bridges. Staff will look into insurance recommendations through the League and provide further information to Council. Erick Knight of 1747 Dupre Road addressed Council and said that his main issue is how an easement works for the City. He then said that he has a declaration given by Land Development that states what the easement is for. He then read it for Council. Mr. Knight indicated his dock is within the easement and does not disrupt the flow of water. He then said that his insurance company will name the City as an additional insured but said that there is a bike path around the pond that the kids use to jump bikes into the pond that would be of more concern than his dock. City Attorney Hoeft indicated that the declaration provided is not the controlling legal document as far as the easement is concerned. Mr. Knight indicated the dock is a removable structure and is not affecting the City in any way. City Attorney Hoeft indicated the City has the ability to control any structure within the easement and that is what the Council has decided to do based on a recommendation from its insurance carrier. Jim Salin, an attorney representing the residents at 1715 Dupre Road indicated they have a dock on their land and he feels that they own a portion of the land based upon review of the Surveyor’s Certificate, which he provided for review. Mr. Salin indicated his client has home owner’s insurance at $300,000 per occurrence and has contacted the insurer and have been ensured that the dock is covered. Council Member Paar pointed out that it is in the easement, but they own the property. Mr. Salin asked if the legal description for the easement is provided somewhere. Mr. Salin questioned whether the easement does cover that dock based on the drawing and questioned how broad the easement is. City Attorney Hoeft indicated that the drainage and utility easements are expansive in Centerville due to drainage issues and if there is a question about whether a structure is inside or outside of the easement he would be willing to review it. City Attorney Hoeft indicated that the City has the right to control the structures within the City’s easement. Mr. Salin said the structure is unobtrusive and it is a very small dock extending six feet long and 10 feet wide that the residents use for limited and reasonable uses such as Page 5 of 10 City of Centerville Council Meeting Minutes September 14, 2005 feeding the ducks, sunning themselves and putting their feet in on a hot day but it is not used for swimming. Mr. Salin said that the City has concerns about liability and he is somewhat surprised at the level of concern as he has found no Minnesota Court that has held a City liable for injuries in a private pond. Mr. Salin commented that they recognize that the City has an interest and right to regulate but asked the City to do so in a rational way. He then said that they would like to have further discussion on the matter and agree to a permit situation but do not think it fair to executively order docks removed without a hearing process or Ordinance that would cover this. Susan Love of 1953 Eagle Trail said she does not have a dock in the pond at this time but the pond is a majority of her back yard and she has three children who enjoy going down to the pond and throwing a line in and walking on the rocks. She then said that, as a parent, it is her job to know where her children are and be aware of the hazard of the water. She further said that they carry a $1,000,000 umbrella policy on their house, vehicles and yard and she feels that since they own the property and pay taxes they should be able to use the pond and put out a dock. Council Member Paar commented that these ponds were not ever made for the intent of personal property enjoyment, they are to ease flooding issues. Mayor Capra indicated that these are drainage ponds to handle run off water and the ponds are used for settling ponds so that when it flows to the lake it keeps the lake cleaner. A resident commented that part of the problem is that the pond is over half of the lot and they expect to be able to beautify the area around it and have a dock to enjoy it. He further stated that he needs to be able to cut the tall grasses to control mosquitoes in the area. Council Member Paar said he understood the comments of residents but the reason these ponds are there is to control flooding within neighborhoods not for docks to access the water. He then said that he does not want docks in the ponds because he does not want to be on the Council that has to deal with a death or injury because the docks were not removed. Jim Berger of 1748 asked whether or not the dock or bridge has a purpose limits or reduces the liability. Council Member Paar said that he feels it does and commented that the bridge spans a ditch with a couple of inches of water in it to cross over to the rest of the property for maintenance whereas a dock invites people out into the water. Page 6 of 10 City of Centerville Council Meeting Minutes September 14, 2005 Jamie Berglin of 1715 Dupre said that if they maintain a nice mowed frontage to the pond regardless of a dock it would still draw people to the pond and they would be trespassing. City Attorney Hoeft indicated there is official immunity if there is no structure there because it is not inviting a child there. Ms. Berglin said her insurance company believes that the City has no insurable liability as they own the land. City Attorney Hoeft indicated that the definition of easement could easily be defined and noted that the Subdivision Ordinance does not allow structures in an easement. Council Member Lee agreed with Council Member Paar and said he does not think the docks should be in the easements. He then said that he understands that residents want their backyards to look nice but the ponds are for drainage not recreation. He further commented that some communities require that the weeds grow up around them and that they be fenced. Mr. Knight indicated that the way the property is he would have to take the retaining wall down but his basement will flood because that is the way Ground Development developed that land. Council took a five minute break. Council reconvened at 7:50 p.m. Council Member Terway said he thinks that Council initiated this action because of concerns that they had for various reasons. He then said that Council has taken comments from residents but the decision has been made and he does not want to change that decision at this time. He further said that he would like to have Staff provide documentation to Council and residents that backs up the decision to show residents how Council arrived at this decision. Council Member Lakso agreed. Council Member Paar agreed. Mayor Capra said she sees the value that residents gain from the docks and understands that they are trying to create an amenity from something that is required to be there, but she agrees with the rest of the Council that it is a liability for the City and she would like Staff to provide documentation to residents and Council for consideration before final determination on whether to enforce removal of the docks. Motion by Mayor Capra, seconded by Council Member Lee to table this matter to the next meeting to allow Staff time to provide documentation to Council and residents. All in favor.Motion carried unanimously. Page 7 of 10 City of Centerville Council Meeting Minutes September 14, 2005 3. Draft Purchase Agreement – 1601 LaMotte Drive Council Member Lakso commented that a draft purchase agreement was not made available by St. Paul Regional Water Services for Council review; however, City Administrator Larson reviewed the specifics of the draft Purchase Agreement with Council noting that a $10,000 earnest money check would be sent with the Purchase Agreement. Mayor Capra asked Staff to verify the appraisal amount and make sure the correct amount is listed in the Purchase Agreement. Staff agreed to do so. Council reviewed the terms of the Purchase Agreement and had no objections. rd 4. Discuss Development Agreement Issues – Pheasant Marsh 3 Addition City Administrator Larson informed Council that Phase I of this development had a reserve strip of land platted that was not caught by Staff. He then said that Phase III does as well. He further commented that the City’s Ordinance does not allow reserve strips. City Attorney Hoeft explained that the reserve strip would allow the developer to recover some of his costs because he can charge the property owner to the south for connection to the road. He then explained that the approval for Phase III requires that the final plat be recorded within 60 days so that approval is back on the table and the City will require that the reserve strip be removed. City Administrator Larson reviewed with Council some of the discussions and negotiations he has been having with the developer asking if Council would be interested in having Outlot E deeded to the City for open space for a reduction in the drainage fees the developer is being charged. Council discussed the matter with Staff and made it clear that they had no interest in reducing park dedication fees for this developer. Council agreed to 25% contingency, replatting to eliminate the reserve strip, accepting Outlot E deeded to the City for a reduction in drainage fees, and to require a road easement or street stub for future access to the south property. 5. Pay Request #10 Dresel Contracting $11,687.50 – 2004 Utility and Street Improvement Project Council and Staff discussed the punch list items and their completion including the sodding around the rain garden. Mr. Peterson indicated that the project is completed and, if Council wanted to sod around the garden, it would require grading and starting over as you cannot sod over existing grass and weeds. Page 8 of 10 City of Centerville Council Meeting Minutes September 14, 2005 Mayor Capra indicated she is disappointed that this took so long to be completed and she is not entirely satisfied with how it was completed. Council Member Terway suggested having Staff overseed the area in the fall. Mayor Capra indicated that she would like more work done on making the rain gardens aesthetically pleasing as they seem weedy and unsightly. Motion by Council Member Terway, seconded by Council Member Lee to approve Pay Request #10 as presented. All in favor. Motion carried unanimously. 6. Pay Request #4 American Tank Services, Inc. $3,674.86 Council Member Terway asked whether all punch list items were completed. Mr. Peterson indicated that the pond overflows during large rain events as it was designed to do so there were some erosion issues that have been resolved and will continue to improve as the plants become established. Motion by Council Member Lee, seconded by Council Member Lakso to approve Pay Request #4 as presented. All in favor. Motion carried unanimously. Motion by Council Member Lakso, seconded by Council Member Paar to approve Change Order #2 with a reduction of $9,335.70. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES th 1.Possible Uses of Rezoned Parcels Along Main Street Near 20 Avenue Mayor Capra indicated that there is a realtor purchasing several properties along Main Street for commercial redevelopment and she has asked the City for input as to what the City would like to see built there. She then said that the realtor was considering a pharmacy. Council listed several commercial ventures for Mr. Larson to relay to the realtor. 2. City Administrator – Mr. Dallas Larson City Administrator indicated that there was a change order on the Dresel Contracting Pay Request and asked Council to consider it. Motion by Council Member Lakso, seconded by Council Member Paar to approve Change Order #3 for Dresel Contracting adding $10,658.54 as presented by Staff. All in favor. Motion carried unanimously. 3. National Recycling Congress Page 9 of 10 City of Centerville Council Meeting Minutes September 14, 2005 Mayor Capra indicated she would email the information to Council. 4. Downtown Redevelopment Planning City Administrator Larson indicated there would be a meeting on September 15, 2005 at 4:30 for a walk through. 5. Correspondence Mayor Capra indicated she would email the correspondence to Council. 6. Parking Ticket Request of Resident City Attorney Hoeft explained that a resident received two parking tickets for parking on the street after hours and was not happy. He then explained that she told him that she had work done on her driveway and needed to park in the street until it was done. He further explained to Council that he does not waive parking tickets and told her that she would need to speak to the Council on the matter. Council discussed the matter and agreed that regulating and handling parking tickets is not something the Council wants to get involved with as it is at the discretion of the Police Department and the City Attorney. Council Member Paar indicated that the EDC did not meet due to a lack of a quorum. Council recessed to closed session at 9:28 p.m. X. CLOSED EXECUTIVE SESSION – PENDING LITIGATION ROYAL OAKS REALTY XI. ADJOURNMENT Motion by Council Member xx, seconded by Council Member xx to adjourn the September 14, 2005 City Council Meeting at xx:xx p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of 10