Loading...
HomeMy WebLinkAbout2010-12-22 CC - ApprovedCITY OF CENTERVILLE CITY COUNCIL MEETING December 22, 2010 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on December 22, 2010, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Linda Broussard Vickers Council Member Jeff Paar Council Member Ben Fehrenbacher Foe Council Member D. Love ABSENT: None. 0 / 000 STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz Public Works Director Paul Palzer I. CALL TO ORDER Mayor Capra called the December 22, 2010, City Council meeting to order at 6:30 p.m. II. INPUT HEARING(S) None. III. APPROVAL OF AGENDA Mayor Capra added the following to the agenda: 1. Consent Agenda, page 6a, check 425998 — 26023 & 26024-26037 2. Consent Agenda, item 42, Check 4 8011 Voided 3. Consent Agenda, pages 11 a — 11 e Approval of Fifth Rider to Agreement with St. Paul Water (Stormwater Line to Laurie LaMotte Park) 4. Old Business, pages 11 f, Parking Restrictions 5. Old Business, item 42, License Renewal 6. Old Business, item 43, Snowplowing Policy 7. New Business, page 12b, Recognition of Linda Broussard Vickers for Outstanding Service to the City of Centerville. 8. New Business, page 45a, Massage Establishment Renewal and Massage Therapist Renewal City of Centerville Council Meeting Minutes December 22, 2010 Councilmember Love requested to add Laptops for Councilmembers to New Business. Councilmember Paar requested to move New Business items 2 and 2a to the end of the agenda. Motion by Council Member Paar, seconded by Council Member Love to approve the agenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES December 8, 2010 City Council and Work Session Meeting Minutes Motion by Council Member Love, seconded by Council Member Broussard Vickers to approve the December 8, 2010, City Council and Work Session Meeting Minutes. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1. City of Centerville December 9, 2010 through December 22, 2010 Claims (Check 425998-26023 & 426024-26037 2. Centennial Police Department Claims through December 9, 2010 (Check 48124- 8143) Check 48011 Voided 3. Centennial Fire Department Claims through December 15, 2010 (Check 44609- 4633) 4. Successful Performance Reviews a. City Clerk (Completion of 12 Years) — Pay Scale Max., No Adjustment b. Finance Director (Completion of 18 Months — Grade 12, Step to Step 4 Effective January 1, 2011) C. Receptionist/Secretary (Completion of 9 Years — Grade 4, Step 8 to Step 9 effective December 13, 2010) 5. Pay Request 41, CDBG Water Project — GM Contracting, Inc. — ($102,602.74) 6. Approval of Fifth Rider to Agreement with St. Paul Water (Stormwater Line to Laurie LaMotte Park) Motion by Council Member Paar, seconded by Council Member Fehrenbacher to approve the Consent Agenda. All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES Mr. Greg Kieselhorst, Centerville Lions Annual Ice Fishing Contest Requests Mr. Kieselhorst, representing the Centerville Lions, requested the necessary permits for the Annual Ice Fishing Contest. VII. OLD BUSINESS Parking Restrictions — Mill Road Page 2 of 9 City of Centerville Council Meeting Minutes December 22, 2010 Councilmember Fehrenbacher indicated when this parking restriction on Mill Road was passed, it had a deadline of 2010 and asked if it would be extended. City Administrator Larson indicated there haven't been any complaints regarding the parking restriction. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to continue the parking restriction on Mill Road indefinitely. All in favor. Motion carried unanimously. 2. License Renewals a. Corner Express — Tobacco License b. Wise Guy's Pizza — Liquor License C. Jed's Liquor — Liquor License City Administrator indicated that these licenses were previously approved with the condition that the landlord becomes current with the real estate taxes. However, to date the owners have not paid the necessary real estate taxes. City Attorney Glaser indicated that the City Code is standard and suggested amending the Code, suspend rules, or make the approval contingent. Councilmember Broussard Vickers questioned if there was any language that could be written to assist with the issue. City Attorney Glaser advised there wasn't any additional language to single out this situation. Councilmember Paar stated he talked with a tenant who indicated they have paid all the fees that were due and it is the owner of the building who is not paying the real estate taxes. He asked if there was any extension to assist these businesses to keep their doors open. Councilmember Love stated because of the short notice he does not feel comfortable amending the Code but would be in favor of scheduling a special meeting for next Wednesday. City Attorney Glaser stated the Council could, by motion, add stipulations regarding property taxes. He stated this is a classic problem and the tenant could take action against the landlord to escrow the rent to pay these outstanding bills. Councilmember Broussard Vickers indicated the ordinance has served the City well for many years and she was uncomfortable amending the Code. Page 3 of 9 City of Centerville Council Meeting Minutes December 22, 2010 The consensus of the Council was to hold a Special Meeting on December 29, 2010 at 6:30 p.m. Snowplowing Policy Public Works Director Palzer indicated the snow will be plowed for all snow plow events of three inches or more in accordance with the City Policy. During the last event, several cars were stuck on the ramps at 35E. He suggested adding language that there is no parking on the street if there is snow of 3 inches or more until the street has been completely plowed. Mayor Capra added that the City asks for assistance from residents to keep fire hydrants cleared from snow. City Administrator Larson indicated there was some miscommunication between the Police Department and Public Works Department with the last snow fall. Since then, the communication has been clear. VIII. NEW BUSINESS Centerville Lions Request for Permits Associated with Annual Ice Fishing Contest Schedule for Saturday, February 12, 2011 a. Special Events Permit b. Noise Permit C. Temporary/Event Liquor License d. Raffle/Gambling Permit Motion by Council Member Paar, seconded by Council Member Fehrenbacher Approving the Permits Associated with the Centerville Lions Annual Fishing Contest to be held on February 12, 2011. All in favor. Motion carried unanimously. Items 2 and 2a were moved to the end of the agenda. Ordinance 439, Second Series — 2011 Fee Schedule City Administrator Larson stated that this is a yearly consideration and the information had been discussed at the last work session. Motion by Council Member Broussard Vickers, seconded by Council Member Paar Adopting Ordinance #39 Second Series — 2011 Fee Schedule. All in favor. Motion carried unanimously. a. Utility Fund Budget — 2011 City Administrator Larson stated that this is a yearly consideration and the information had not changed since the last budget meeting. Page 4 of 9 City of Centerville Council Meeting Minutes December 22, 2010 Motion by Council Member Fehrenbacher, seconded by Council Member Love to Approve Utility Fund Budget — 2011. All in favor. Motion carried unanimously. 4. Resolution #10-037 — Amending the 2010 Budget City Administrator Larson stated this is a housekeeping item to keep the 2010 budget in balance. Motion by Council Member Love, seconded by Council Member Paar Approving Resolution #10-037 Amending the 2010 Budget. All in favor. Motion carried unanimously. 5. Planning and Zoning Recommendations a. Deny Variance Request from Mr. Derek Gavin, 1540 Peltier Lake Drive. to Construct a Garage on an Existing Cement Slab that Encroaches Setbacks Councilmember Love stated that the Planning and Zoning Commission had recommended denial of this item. Motion by Council Member Broussard Vickers, seconded by Council Member Fehrenbacher adopt the findings and recommendation for denyin2 a variance request from Mr. Derek Gavin, 1540 Peltier Lake Drive, to construct a 2ara2e on an existing cement slab that encroaches setbacks. All in favor. Motion carried unanimously. b. Approve Relocation of Accessory Structure (Garage) from 7087 -20th Avenue South to 6970 LaMotte Drive City Administrator Larson stated this garage is going to be moved to Laurie LaMotte Park. The Planning and Zoning Commission had recommended approval of this item. Councilmember Love stated the vote for this item was split but did pass. He expressed concern about the location being close to the trail and hoped that no one would get hurt on the trail. Motion by Council Member Paar, seconded by Council Member Fehrenbacher adopt the findings and recommendation for approving relocation of an accessory structure (2ara2e) from 7087 -20th Avenue South to 6970 LaMotte Drive. All in favor. Motion carried unanimously. C. Adoption of Ordinance 440, Second Series Amending Chapter 156. Sections 156.030 and 156.040 — Allowing Closely Similar Usages in the B-1 and I-1 Zoning Districts that are not Mentioned as Permitted or Conditional Page 5 of 9 City of Centerville Council Meeting Minutes December 22, 2010 City Administrator Larson stated that there are several permitted uses listed in the B and I zoning districts, but not every possible use can be included. The proposed ordinance would grant P&Z and the Council some discretion in determining that a use that is not listed is a permitted use because it is similar to a listed use. It would not include any use that is listed as a permitted use or conditional use in another Zoning District. Motion by Council Member Love, seconded by Council Member Paar that Council adopt Ordinance #40, Second Series amending Chapter 153, Sections 156.030 and 156.40. All in favor. Motion carried unanimously. d. Adoption of Ordinance 441, Second Series Amending Chapter 153, Section 153.44 — Allowing Hydro -Seeding Subject to Specific Requirements City Administrator Larson explained that this was referred by Council to the Planning and Zoning Commission. After public hearing, P&Z recommends the proposed ordinance allowing hydro -seeding subject to special conditions. Mayor Capra stated if there are developers that have covenants in their subdivisions requiring sod, this amendment would not apply. Motion by Council Member Love, seconded by Council Member Fehrenbacher Adopting Ordinance #41, Second Series amendin-2 Chapter 153, Section 153.44 allowing hydro -seeding subiect to specific requirements. All in favor. Motion carried unanimously. 6. Massage Establishment Renewal & Massage Therapist Renewal a. A Sense of Life & Ms. Lisa Kieselhorst b. Hair Gallery & Ms. Connie Eisen City Administrator Larson recommended approval subject to the pending necessary requirements of the City license. Motion by Council Member Fehrenbacher, seconded by Council Member Paar Approving the Massae Establishment Renewal and Massae Therapist Renewal for A Sense of Life, Ms. Lisa Kieselhorst, and Hair Gallery, Ms. Connie Eisen, as recommended. All in favor. Motion carried unanimously. 7. Tobacco/Liquor License Renewals -2011 a. Trio Inn — Off — Sale, On -Sale, Sunday Liquor & Tobacco City Attorney Glaser stated standard practice is not to allow a license to a felon but the City can add safeguards such as looking over the financials which may alert the City to financial strain, and at that time it can be brought back to the City Council. Secondly, the City Council would be remiss by issuing a liquor license to a convicted felon without any Page 6 of 9 City of Centerville Council Meeting Minutes December 22, 2010 safeguards. City Attorney Glaser indicated the liquor license could be allowed with the stated conditions. Councilmember Fehrenbacher asked about a copy of the papers. City Attorney stated the details of the felony charges. Councilmember Love questioned the responsible party in overlooking the books. City Attorney Glaser stated it would be someone on site, but additionally the staff has suggested the CPA requirement to provide periodic financial reports to the City.. Mayor Capra questioned the additional staff time and whether it could be billable. Councilmember Broussard Vickers questioned how long the proposed conditions would be on the financials. City Attorney Glazer stated they would be on for 10 years. Councilmember Broussard Vickers stated these conditions are very subjective. City Attorney Glaser stated there are other conditions in the probation violation, change in the licensee's status on probation, or failure to abide with outstanding court orders. Councilmember Broussard Vickers indicated she would like either monthly or quarterly updates. City Administrator indicated the main purpose is to assure the business is making payments on outstanding bills and making a small profit to ensure the business does not get into the same situation. Motion by Council Member Love, seconded by Council Member Paar Approving the Trio Inn's Tobacco/Liquor License Renewals for 2011 with the listed conditions as amended. All in favor. Motion carried unanimously. The meeting was recessed at 8:13 p.m. and reconvened at 8:18 p.m. b. Kelly's Korner — Off -Sale, On -Sale, & Sunday Liquor City Attorney Glaser reviewed the recommendations and conditions with the license. Mayor Capra stated the fees would need to be paid by December 30, 2010. Councilmember Broussard Vickers asked whether the applicant would have to come before the City Council again in January if some of the fees did not get paid before the end of the year. City Attorney Glazer stated that is for the Council to decide. Councilmember Broussard Vickers questioned the condition of "no changes in the operation or ownership of the business" noting this is indicating the business cannot be sold. City Attorney Glazer stated a new business owner would need to apply for a liquor license in their name. Page 7 of 9 City of Centerville Council Meeting Minutes December 22, 2010 Councilmember Broussard Vickers stated she is comfortable with all the conditions except condition A. She felt it is a personal choice of the applicant and the City should not be monitoring it. Councilmember Fehrenbacher stated there are City costs involved with these conditions so reimbursement needs to be added. Councilmember Paar agreed with all the conditions and the amendments suggested by Councilmember Broussard Vickers and Councilmember Fehrenbacher. Councilmember Love stated he had an issue with condition F, "must fully and accurately disclose any information requested by the City." Mayor Capra encouraged the Council to consider a deadline for the conditions to be completed. Councilmember Paar stated the renewal condition could be on a case-by-case situation. Motion by Council Member Paar, seconded by Council Member Broussard Vickers Approving the Kelly's Korner Off -Sale, On -Sale, and Sunday Liquor with a Tobacco/Liquor License Renewals for 2011 with the listed conditions as amended. All in favor. Motion carried unanimously. 8. Pay Equity Implementation Form City Administrator Larson stated that the City is required to submit a Pay Equity Report to the State and this action would authorize that submittal. Motion by Council Member Love, seconded by Council Member Paar Approving submittal of the Pay Equity Implementation Form to the State. All in favor. Motion carried unanimously. 9. Laptops for Council Members Councilmember Love inquired if the Council could get laptops for the Council meeting packets. Councilmember Paar asked whether the costs of preparing the Council meeting packets is comparable to the cost of laptops. City Administrator Larson advised that there were no funds in the 2010 Budget for laptops. 2a. Resolution 410-038; Recognition of Linda Broussard Vickers for Outstanding Service to the Citv of Centerville Page 8 of 9 City of Centerville Council Meeting Minutes December 22, 241 Q Councilmember Paar gave an overview of Councilmember Broussard Vickers' contributions to the City of Centerville. He then read Resolution #10-038. Motion by Mayor Capra, seconded by Council Member Love Apj2rovipg Resolution #10-038 Recognition of Linda Broussard Vickers for outstanding service to the Cily of Centerville. All in favor. Motion carried 4-0-1 Broussard Vickers abstained. 2. Resolution 410-039-, Recognition of Mqry CV a for Outstandin Service to the City of Centerville Councilmember Paar gave an overview of Mayor Capra's contributions to the City of Centerville. He then proceeded to read Resolution #10-039. Motion by Council Member Love, seconded byCouncil Member Broussard Vickers Approving Resolution #10-039 Recognition of Mary Capra for outstanding service to the Ci ly of Centerville. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS[UPDATES City Administrator None. Mayor Capra thanked the Council and commended staff for their work. Councilmember Broussard Vickers thanked the Council and for the opportunity to serve the community. KI�II 110111 fliffuyv*011 Motion by Council Member Broussard Vickers, seconded by Council Member Fehrenbacher to adjourn the December 22, 2010, City Council Meeting at 9:23 g.m. All in favor. Motion carried unanimously. Mayor Capra adjourned the December 22, 2010, City Council Meeting at 9:23 p,m. Transcribed by: Barbara Suciu, Recording Secretary TimeSaver Off Site Secretarial, Inc Minutes approved by City Council this 12th day of January, 2011. Teresa Bender, City Clerk Page 9 of 9