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Home My WebLink About2011-03-09 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING March 9, 2011 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on March 9, 2011, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Jeff Paar Council Member Ben Fehrenbacher Council Member D. Love Council Member Steve King (Arrived 6:32 p.m.) ABSENT: City Administrator Dallas Larson STAFF: Finance Director Mike Jeziorski City Attorney Kurt Glaser City Engineer Mark Statz Public Works Director Paul Palzer I. CALL TO ORDER Mayor Wilharber called the March 9, 2011, City Council meeting to order at 6:30 p.m. II.PUBLIC HEARING(S) None. III. APPROVAL OF AGENDA Council was presented with a set agenda which contained additional checks (#26199-26212) issued since the packet was completed on March 4, 2011. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the set agenda as presented. All in favor. Motion carried unanimously. IV. APPROVAL OF MINUTES 1.February 23, 2011 City Council Meeting Minutes Mayor Wilharber requested the following changes: Page 4, paragraph 3; the motion should read “Mayor” Wilharber, Page 5, paragraph 2; the motion should read “Mayor” Wilharber with Council Member Fehrenbacher seconding the motion. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the February 23, 2011 City Council Meeting Minutes with the Amendments. All in favor. Motion carried unanimously. City of Centerville Council Meeting Minutes March 9, 2011 V. CONSENT AGENDA 1. City of Centerville February 24, 2011 through March 9, 2011 Claims (Check #26183-26198) & Check #26199-26212 2. Centennial Fire District Claims through February 18, 2011 (Check #4708-4720) 3. Centennial Lakes Police Department Claims through February 24, 2011 (Check #8257-8277) & Voided Check #8217 4. P & R Request for Clarification of Re-allocated YMCA Park Play Days Line Item Budget - $1,500; (Music in the Park Program - $700 & 8K Run/Walk/In-Line Skate - $800) 5. Centerville Lions Club Special Event Permit Request for Annual Easter Egg Hunt, April 23, 2011, 11:00 a.m. Laurie LaMotte Park Motion by Council Member Fehbrenbacher, seconded by Council Member Paar to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES 1.Centennial Lakes Police Department, Interim Public Safety Director Bob Shellum ~ Annual Report Interim Public Safety Director Bob Shellum presented Council with the CLPD’s 2010 annual report. VII. OLD BUSINESS None. VIII. NEW BUSINESS 1. Liquor Licenses ~ S & B Center Corp. DBA Kelly’s Korner (Page 24) a. On-Sale b. Off-Sale c. Sunday Both prospective buyers, Ms. Victoria Byrne and Mr. Jeff Schultz were present to answer questions that Council may have had and stated that the establishments name will remain Kelly’s Korner. Ms. Byrne and Mr. Schultz stated that they are making slight construction adjustments to the facility, they are scaling down the menu, they have had contact with previous employees, at this time they do not desire to have bands, they do intend on serving alcohol on the deck similar to the previous owner and allowed by law and they intend on offering organized volleyball leagues also similar to the previous owner. Mr. Byrne and Mr. Schultz plan on re-opening the establishment on April 15, 2011. Ms. Byrne and Mr. Schultz stated that they have read and understand the requirements of the State of Minnesota regarding liquor licensing and the additional City of Centerville requirements outlined in the Memorandum dated March 9, 2011 and agree to them. City Attorney Glaser stated that a slight modification should be noted in the Memorandum with the addition of language “in addition to conditions required by law”. Paragraph 2 should read; As a condition of holding liquor licenses (on-sale and off-sale) for 2011, the licensee and any responsible Page 2 of 4 City of Centerville Council Meeting Minutes March 9, 2011 party of the licensee must meet the following conditions in addition to conditions required by law. Both Ms. Byrne and Mr. Schultz concurred and signed the agreement initializing the additional language. Motion By Council Member Love and seconded by Council Member Paar to approve the On-Sale, Off-Sale and Sunday Liquor Licenses for S & B Center Corp., DBA Kelly’s Korner with the Additional Language as Stated Above Added to the Memorandum Dated March 9, 2011 and its Outlined Requirements. All in favor. Motion passed unanimously. Finance Director Jeziorski was directed to ensure that all requirements were met prior to staff’s issuance of the licenses either to the applicants or the State of Minnesota. 2. Planning & Zoning Commission a. Adopting Findings Relating to Amending Chapter 156 (Section 156.025) b. Adoption Ord. #XX, Second Series – Amending Chapter 156 (Section 156.025 – Addition of R-3 District c. Adopting Findings Relating to Amending Chapter 156 (Section 156.030 – Addition of Interim Uses in B-1 District) d. Adopting Ord. #XX, Second Series – Amending Chapter 156 (Section 156.030 – Addition of Interim Uses in B-1 District) This item was tabled until such time as the City Administrator was present to discuss the matter. 3. Testing Proposal AET Concrete Failure (Downtown Intersection) Council reviewed the presented American Engineering & Testing proposal for sampling the downtown concrete to determine the cause of the failures and for them to recommend remedial action. Engineer Statz stated that the installation was completed in 2008 in conjunction with the Anoka County CSAH 14 Widening project. Engineer Statz also stated that the project was an add-on and there is no warranty on it. Lengthy discussion was had regarding whether the workmanship, concrete products used, base conditions, etc. was responsible for the failure and whether it would be more cost effective to simply make the necessary repairs. Council directed Public Works Director Palzer to work with Engineer Statz to return to Council with suitable repair costs. Motion by Council Member Paar, seconded by Council Member King to direct Public Works Director Palzer and Engineer Statz to return to Council with Suitable Repair Estimates for their Consideration. All in favor. Motion carried unanimously. 4. Water Meter Reading System This item was tabled until such time as the City Administrator was present to discuss the matter. IX. ANNOUNCEMENTS/UPDATES 1. Finance Director Mr. Jeziorski gave a brief update on existing projects stating that the audit is being completed this week with results being forwarded to Council at their first meeting in April; securing of a bond rating and its Page 3 of 4 City of Centerville Council Meeting Minutes March 9, 2011 results being anticipated the following week; and continued research into the cost effectiveness of a concession stand, implementation and vending options. Mayor Wilharber questioned the Public Works Director as to the reasoning behind recent water main breaks. Mr. Palzer stated that there has been three within the last month; two on residential property and one on private property. Mr. Palzer requested that if residents are aware of water on the streets, sidewalks or their property that does not appear to be normal melting snow to contact the Public Works Department. Mr. Palzer stated that due to weather conditions, pipes are experiencing excessive wear and movement. Council Member King gave a brief review of the Parks & Recreation Committee meeting. Council Member Love gave a brief review of the Planning and Zoning Commission meeting. Mayor Wilharber closed the regularly scheduled meeting to the closed session at 7:50 p.m. X.CLOSED SESSION (Pending Litigation) City Attorney Glaser discussed the Sheehy Construction special assessment litigation and potential litigation with Forest Lake Contracting associated with the 2009 Street Improvement Project. Mayor Wilharber closed the closed session and reconvened the regularly scheduled meeting at 9:06 p.m. XI.RECONVENE TO REGULAR COUNCIL MEETING XII. ADJOURNMENT Mayor Wilharber adjourned the regularly schedule meeting of March 9, 2011 at 9:07 p.m. Transcribed by staff Page 4 of 4